PUBLIC LAW 93-379, 88 STAT 480, THE DISTRICT OF COLUMBIA LAW REVISION
COMMISSION 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 DISTRICT OF COLUMBIA LAW REVISION COMMISSION ACT". //D.C.
CODE 49 - 401 NOTE.//
SEC. 2. (A) THERE IS ESTABLISHED IN THE DISTRICT OF COLUMBIA A
DISTRICT OF COLUMBIA LAW REVISION COMMISSION (HEREAFTER IN THIS ACT
REFERRED TO AS THE "COMMISSION") //D.C. CODE 49 - 401.// WHICH SHALL
CONSIST OF FIFTEEN MEMBERS APPOINTED AS FOLLOWS:
(1) TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF THE
UNITED STATES.
(2) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES.
(3) ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT PRO TEMPORE
OF THE SENATE.
(4) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
HOUSE OF REPRESENTATIVES.
(5) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE.
(6) THREE MEMBERS SHALL BE APPOINTED BY THE COMMISSIONER OF THE
DISTRICT OF COLUMBIA, ONE OF WHOM SHALL BE A NONLAWYER. AND ONE
OF WHOM SHALL BE A MEMBER OF THE LAW FACULTY OF A LAW SCHOOL IN
THE DISTRICT OF COLUMBIA.
(7) ONE MEMBER SHALL BE APPOINTED BY THE CHAIRMAN OF THE
DISTRICT OF COLUMBIA COUNCIL.
(8) TWO MEMBERS SHALL BE APPOINTED BY THE JOINT COMMITTEE ON
JUDICIAL ADMINISTRATION IN THE DISTRICT OF COLUMBIA.
(9) ONE MEMBER SHALL BE APPOINTED BY THE DISTRICT OF COLUMBIA
CORPORATION COUNSEL.
(10) TWO MEMBERS SHALL BE APPOINTED BY THE BOARD OF GOVERNORS
OF THE DISTRICT OF COLUMBIA UNIFIED BAR.
(B) NO PERSON MAY BE APPOINTED AS A MEMBER OF THE COMMISSION UNLESS
HE IS A CITIZEN OF THE UNITED STATES. AT LEAST EIGHT PERSONS APPOINTED
TO THE COMMISSION SHALL BE BONA FIDE RESIDENTS OF THE DISTRICT OF
COLUMBIA WHO HAVE MAINTAINED AN ACTUAL PLACE OF ABODE IN THE DISTRICT OF
COLUMBIA FOR AT LEAST THE NINETY DAYS IMMEDIATELY PRIOR TO THEIR
APPOINTMENTS AS SUCH MEMBERS. THE REMAINING PERSONS APPOINTED AS
MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE NATIONAL CAPITAL
REGION, AS DEFINED IN THE ACT OF JUNE 6, 1924 (D.C. CODE. SEC. 1 - 1001
ET SEQ.) //43 STAT. 463; 66 STAT. 781, 40 USC 71.// (ESTABLISHING THE
NATIONAL CAPITAL PLANNING COMMISSION), WHO HAVE MAINTAINED AN ACTUAL
PLACE OF ABODE IN THE NATIONAL CAPITAL REGION FOR AT LEAST NINETY DAYS
IMMEDIATELY PRIOR TO THEIR APPOINTMENTS AS SUCH MEMBERS.
(C) MEMBERS OF THE COMMISSION SHALL SERVE FOR FOUR-YEAR TERMS AND MAY
BE REAPPOINTED.
(D) THE CHAIRMAN OF THE COMMISSION SHALL BE SELECTED BY THE MEMBERS
OF THE COMMISSION FROM AMONG THEIR NUMBER.
(E) EACH APPOINTMENT OF MEMBERS OF THE COMMISSION SHALL BE MADE.
WITHOUT REGARD TO POLITICAL PARTY AFFILIATION, ON THE BASIS OF THE
ABILITY OF THAT PERSON TO PERFORM HIS DUTIES WITH THE COMMISSION.
(F) APPOINTMENTS MADE TO FILL VACANCIES ON THE COMMISSION SHALL BE
MADE IN THE SAME MANNER, AND ON THE SAME BASIS, AS ORIGINAL APPOINTMENTS
TO THE COMMISSION ARE MADE. A MEMBER APPOINTED TO FILL A VACANCY SHALL
SERVE UNTIL THE EXPIRATION OF THE TERM OF MEMBER WHOSE VACANCY HE WAS
APPOINTED TO FILL.
(G) MEMBERS AND THE CHAIRMAN OF THE COMMISSION SHALL BE ENTITLED TO
RECEIVE $100 FOR EACH DAY (INCLUDING TRAVELTIME) DURING WHICH THEY ARE
ENGAGED IN THE ACTUAL PERFORMANCE OF DUTIES VESTED IN THE COMMISSION,
EXCEPT NO MEMBER OR CHAIRMAN SHALL RECEIVE MORE THAN $5,000 FOR THE
PERFORMANCE OF SUCH DUTIES DURING ANY TWELVE-MONTH PERIOD.
(H) WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS IN THE
PERFORMANCE OF THE DUTIES OF THE COMMISSION, MEMBERS, INCLUDING THE
CHAIRMAN, OF THE COMMISSION 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. //80 STAT. 499;
83 STAT. 190.//
(I) THE COMMISSION MAY APPOINT AND FIX THE COMPENSATION OF SUCH
PERSONNEL AS IT DEEMS ADVISABLE. SUCH PERSONNEL SHALL BE APPOINTED
SUBJECT TO THE PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE,
GOVERNING APPOINTMENTS IN THE COMPETITIVE SERVICE, AND SHALL BE PAID IN
ACCORDANCE WITH THE PROVISIONS OF CHAPTER 51 AND SUBCHAPTER II OF
CHAPTER 53 OF SUCH TITLE //80 STAT. 443; 458, 5 USC 5101, 5311.//
RELATING TO CLASSIFICATION AND GENERAL SCHEDULE PAY RATES. PERSONS
APPOINTED TO THE STAFF OF THE COMMISSION SHALL BE SO APPOINTED SOLELY ON
THE BASIS OF THEIR ABILITY TO PERFORM THE DUTIES OF THE COMMISSION
WITHOUT REGARD TO POLITICAL PARTY AFFILIATION. EMPLOYEES OF THE
COMMISSION SHALL BE REGARDED AS EMPLOYEES OF THE DISTRICT OF COLUMBIA
GOVERNMENT.
(J) THE COMMISSION, ACTING THROUGH ITS CHAIRMAN, MAY REQUEST FROM ANY
DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF THE EXECUTIVE BRANCH OF THE
FEDERAL AND DISTRICT GOVERNEMENTS, INCLUDING INDEPENDENT AGENCIES, ANY
INFORMATION FOR CARRYING OUT THE PURPOSES OF THIS ACT; AND EACH
DEPARTMENT, AGENCY, INSTRUMENTALITY, AND INDEPENDENT AGENCY IS
AUTHORIZED AND DIRECTED, TO THE EXTENT PERMITTED BY LAW, TO FURNISH TO
THE COMMISSION THE REQUESTED INFORMATION.
(K) THE COMMISSION MAY ENTER INTO CONTRACTS WITH FEDERAL OR STATE
AGENCIES, PRIVATE FIRMS, INSTITUTIONS, AND INDIVIDUALS FOR THE CONDUCT
OF RESEARCH OR SURVEYS, THE PREPARATION OF REPORTS, AND OTHER ACTIVITIES
NECESSARY TO THE DISCHARGE OF ITS DUTIES.
(L) THE COMMISSION MAY ESTABLISH SUCH ADVISORY GROUPS, COMMITTEES,
AND SUBCOMMITTEES, CONSISTING OF MEMBERS OF NONMEMBERS, AS IT DEEMS
NECESSARY AND APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS ACT.
SEC. 3. (A) IT SHALL BE THE DUTY OF THE COMMISSION TO---//D.C. CODE
49 - 402.//
(1) EXAMINE THE COMMON LAW AND STATUTES RELATING TO THE
DISTRICT OF COLUMBIA, THE ORDINANCES, REGULATIONS, RESOLUTIONS,
AND ACTS OF THE DISTRICT OF COLUMBIA COUNCIL, AND ALL RELEVANT
JUDICIAL DECISIONS FOR THE PURPOSE OF DISCOVERING DEFECTS AND
ANACHRONISMS IN THE LAW RELATING TO THE DISTRICT OF COLUMBIA AND
RECOMMENDING NEEDED REFORMS;
(2) RECEIVE AND CONSIDER PROPOSED CHANGES IN THE LAW
RECOMMENDED BY THE AMERICAN LAW INSTITUTE, THE CONFERENCE OF
COMMISSIONERS ON UNIFORM STATE LAW, ANY BAR ASSOCIATION OR OTHER
LEARNED BODIES;
(3) RECEIVE AND CONSIDER SUGGESTIONS FROM JUDGES, JUSTICES,
PUBLIC OFFICIALS, LAWYERS, AND THE PUBLIC GENERALLY AS TO DEFECTS
AND ANACHRONISMS IN THE LAW RELATING TO THE DISTRICT OF COLUMBIA;
AND
(4) RECOMMEND, FROM TIME TO TIME, TO THE CONGRESS, AND WHERE
APPROPRIATE TO THE COMMISSIONER OF THE DISTRICT OF COLUMBIA AND TO
THE DISTRICT OF COLUMBIA COUNCIL, SUCH CHANGES IN THE LAW RELATING
TO THE DISTRICT OF COLUMBIA AS IT DEEMS NECESSARY TO MODIFY OR
ELIMINATE ANTIQUATED AND INEQUITABLE RULES OF LAW, AND TO BRING
THE LAW RELATING TO THE DISTRICT OF COLUMBIA, BOTH CIVIL AND
CRIMINAL, INTO HARMONY WITH MODERN CONDITIONS.
IN CARRYING OUT ITS DUTIES UNDER THIS ACT, THE COMMISSION SHALL GIVE
SPECIAL CONSIDERATION TO THE EXAMINATION OF THE COMMON LAW AND STATUTES
RELATING TO THE CRIMINAL LAW IN THE DISTRICT OF COLUMBIA, AND ALL
RELEVANT JUDICIAL DECISIONS, FOR THE PURPOSE OF DISCOVERING DEFECTS AND
ANACHRONISMS IN THE LAW RELATING TO THE CRIMINAL LAW IN THE DISTRICT OF
COLUMBIA AND RECOMMENDING NEEDED REFORMS.
(B) IN ADDITION TO THOSE DUTIES OF THE COMMISSION SPECIFIED IN
SUBSECTION (A), THE COMMISSION SHALL PREPARE AND RECOMMEND PROPOSED
UNIFORM RULES OF PRACTICES, INCLUDING RULES RELATING TO THE CONDUCT OF
HEARINGS, FOR ADMINISTRATIVE AGENCIES OF THE DISTRICT OF COLUMBIA,
INCLUDING BOTH INDEPENDENT AND SUBORDINATE AGENCIES, WHICH CONDUCT
ON-THE-RECORD HEARING. THE COMMISSION SHALL ALSO MAKE A STUDY OF THE
DISTRICT OF COLUMBIA ADMINISTRATIVE PROCEDURE ACT //82 STAT. 1203, D.C.
CODE 1 - 1501 NOTE.// FOR THE PURPOSE OF PREPARING A MANUAL, INCLUDING
RELEVANT LEGISLATIVE HISTORY AND LEGAL PRECEDENTS, FOR THE GUIDANCE OF
THE RESPECTIVE ADMINISTRATIVE AGENCIES.
SEC. 4. (A) THE COMMISSION SHALL MAKE AN ANNUAL REPORT OF ITS
PROCEEDINGS TO THE PRESIDENT, TO THE CONGRESS, TO THE COMMISSIONER OF
THE DISTRICT OF COLUMBIA, AND TO THE DISTRICT OF COLUMBIA COUNCIL BY
MARCH 31 OF EACH YEAR. ALL REPORTS OF THE COMMISSION TO THE CONGRESS,
INCLUDING REPORTS MADE UNDER SECTION 3(A) (4), SHALL BE FILED WITH THE
CLERK OF THE HOUSE OF REPRESENTATIVES AND THE SECRETARY OF THE SENATE,
AND WHERE APPROPRIATE, INCLUDE DRAFTS OF PROPOSED BILLS TO CARRY OUT ANY
OF ITS RECOMMENDATIONS. //D.C. CODE 49 - 403.//
(B) UPON THE FILING OF THE COMMISSION'S ANNUAL REPORT AT THE END OF
THE FOURTH FULL CALENDAR YEAR AFTER THE DATE THAT FUNDS ARE FIRST
APPROPRIATED TO THE COMMISSION, THE COMMISSION SHALL CEASE TO EXIST,
UNLESS EXTENDED BY CONGRESS.
SEC. 5. (A) SECTION 7 OF THE DISTRICT OF COLUMBIA ADMINISTRATIVE
PROCEDURE ACT (D.C. CODE, SEC. 1 - 1507) //82 STAT. 1207.// IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING:
"(D) EVERY REGULATION IN THE NATURE OF A LAW OR MUNICIPAL ORDINANCE
ADOPTED BY THE COUNCIL UNDER AUTHORITY SPECIFIED IN REORGANIZATION PLAN
NUMBERED 3 OF 1967, //81 STAT. 948, 5 USC APP.// OR UNDER AUTHORITY OF
ANY ACT OF CONGRESS, UPON ENACTMENT, SHALL BE CODIFIED AND PUBLISHED IN
A MUNICIPAL CODE OF THE DISTRICT OF COLUMBIA WHICH SHALL CONFORM AS
CLOSELY AS POSSIBLE AND SHALL BE CROSS-INDEXED WITH THE DISTRICT OF
COLUMBIA CODE COMPILED BY THE COMMITTEE ON THE JUDICIARY OF THE HOUSE OF
REPRESENTATIVES. THE COUNCIL SHALL FROM TIME TO TIME ISSUE SUCH
SUPPLEMENTS OR OTHERWISE UPDATE AND KEEP CURRENT THE MUNICIPAL CODE OF
THE DISTRICT OF COLUMBIA ESTABLISHED UNDER THIS SUBSECTION. THE FIRST
SUCH CODIFICATION AND PUBLICATION OF THE MUNICIPAL CODE OF THE DISTRICT
OF COLUMBIA SHALL BE COMPLETED WITHIN ONE YEAR AFTER THE DATE OF
ENACTMENT OF THIS SUBSECTION.".
(B) THE DISTRICT OF COLUMBIA COUNCIL SHALL PROVIDE FOR PUBLIC
DISTRIBUTION (AT COST) OF THE MUNICIPAL CODE OF THE DISTRICT OF COLUMBIA
ESTABLISHED BY THE AMENDMENT MADE BY SUBSECTION (A). //D.C. CODE 49 -
404.//
SEC. 6. FOR THE PURPOSE OF CARRYING OUT THIS ACT, INCLUDING THE
AMENDMENT MADE BY THIS ACT, THERE ARE AUTHORIZED TO BE APPROPRIATED, OUT
OF MONEYS IN THE TREASURY CREDITED TO THE DISTRICT OF COLUMBIA AND NOT
OTHERWISE APPROPRIATED, SUCH AMOUNTS AS MAY BE NECESSARY TO CARRY OUT
THE PURPOSE OF THIS ACT. //D.C. CODE 49 - 405.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 924 (COMM. ON THE DISTRICT OF COLUMBIA).
SENATE REPORT NO. 93 - 1076 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 25, CONSIDERED AND PASSED HOUSE.
AUG. 8, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-378, 88 STAT 476, FOREST AND RANGELAND RENEWABLE
RESOURCES PLANNING ACT OF 1974
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 "FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF
1974". //16 USC 1601 NOTE.//
SEC. 2. //16 USC 1601.// RENEWABLE RESOURCE ASSESSEMNT.---(A) IN
RECOGNITION OF THE VITAL IMPORTANCE OF AMERICA'S RENEWABLE RESOURCES OF
THE FOREST, RANGE, AND OTHER ASSOCIATED LANDS TO THE NATION'S SOCIAL AND
ECONOMIC WELL-BEING, AND OF THE NECESSITY FOR A LONG TERM PERSPECTIVE IN
PLANNING AND UNDERTAKING RELATED NATIONAL RENEWABLE RESOURCE PROGRAMS
ADMINISTERED BY THE FOREST SERVICE, THE SECRETARY OF AGRICULTURE SHALL
PREPARE A RENEWABLE RESOURCE ASSESSMENT (HEREINAFTER CALLED THE
"ASSESSMENT"). THE ASSESSMENT SHALL BE PREPARED NOT LATER THAN DECEMBER
31, 1975, AND SHALL BE UPDATED DURING 1979 AND EACH TENTH YEAR
THEREAFTER, AND SHALL INCLUDE BUT NOT BE LIMITED TO---
(1) AND ANALYSIS OF PRESENT AND ANTICIPATED USES, DEMAND FOR,
AND SUPPLY OF THE RENEWABLE RESOURCES, WITH CONSIDERATION OF THE
INTERNATIONAL RESOURCE SITUATION, AND AN EMPHASIS OF PERTINENT
SUPPLY AND DEMAND AND PRICE RELATIONSHIP TRENDS;
(2) AN INVENTORY, BASED ON INFORMATION DEVELOPED BY THE FOREST
SERVICE AND OTHER FEDERAL AGENCIES, OF PRESENT AND POTENTIAL
RENEWABLE RESOURCES, AND AN EVALUATION OF OPPORTUNITIES FOR
IMPROVING THEIR YIELD OF TANGIBLE AND INTANGIBLE GOODS AND
SERVICES, TOGETHER WITH ESTIMATES OF INVESTMENT COSTS AND DIRECT
AND INDIRECT RETURNS TO THE FEDERAL GOVERNMENT;
(3) A DESCRIPTION OF FOREST SERVICE PROGRAMS AND
RESPONSIBILITIES IN RESEARCH, COOPERATIVE PROGRAMS AND MANAGEMENT
OF THE NATIONAL FOREST SYSTEM, THEIR INTERRELATIONSHIPS, AND THE
RELATIONSHIP OF THESE PROGRAMS AND RESPONSIBILITIES TO PUBLIC AND
PRIVATE ACTIVITIES; AND
(4) A DISCUSSION OF IMPORTANT POLICY CONSIDERATIONS, LAW,
REGULATIONS, AND OTHER FACTORS EXPECTED TO INFLUENCE AND AFFECT
SIGNIFICANTLY THE USE, OWNERSHIP, AND MANAGEMENT OF FOREST, RANGE,
AND OTHER ASSOCIATED LANDS.
(B) TO ASSURE THE AVAILABILITY OF ADEQUATE DATA AND SCIENTIFIC
INFORMATION NEEDED FOR DEVELOPMENT OF THE ASSESSMENT, SECTION 9 OF THE
MCSWEENEY-MCNARY ACT OF MAY 22, 1928 (45 STAT. 702, AS AMENDED, 16 U.S.
C. 151H), //58 STAT. 265; 81 STAT. 579.// IS HEREBY AMENDED TO READ AS
FOLLOWS:
"THE SECRETARY OF AGRICULTURE IS HEREBY AUTHORIZED AND DIRECTED TO
MAKE AND KEEP CURRENT A COMPREHENSIVE SURVEY AND ANALYSIS OF THE PRESENT
AND KEEP CURRENT A COMPREHENSIVE SURVEY AND ANALYSIS OF THE PRESENT AND
PROSPECTIVE CONDITIONS OF AND REQUIREMENTS FOR THE RENEWABLE RESOURCES
OF THE FOREST AND RANGE LANDS OF THE UNITED STATES, ITS TERRITORIES AND
POSSESSIONS, AND OF THE SUPPLIES OF SUCH RENEWABLE RESOURCES, INCLUDING
A DETERMINATION OF THE PRESENT AND POTENTIAL PRODUCTIVITY OF THE LAND,
AND OF SUCH OTHER FACTS AS MAY BE NECESSARY AND USEFUL IN THE
DETERMINATION OF WAYS AND MEANS NEEDED TO BALANCE THE DEMAND FOR AND
SUPPLY OF THESE RENEWABLE RESOURCES, BENEFITS AND USES IN MEETING THE
NEEDS OF THE PEOPLE OF THE UNITED STATES. THE SECRETARY SHALL CARRY OUT
THE SURVEY AND ANALYSIS UNDER SUCH PLANS AS HE MAY DETERMINE TO BE FAIR
AND EQUITABLE, AND COOPERATE WITH APPROPRIATE OFFICIALS OF EACH STATE,
TERRITORY, OR POSSESSION OF THE UNITED STATES, AND EITHER THROUGH THEM
OR DIRECTLY WITH PRIVATE OR OTHER AGENCIES. THERE IS AUTHORIZED TO BE
APPROPRIATED NOT TO EXCEED $20,000,000 IN ANY FISCAL YEAR TO CARRY OUT
THE PURPOSES OF THIS SECTION."
SEC. 3. //16 USC 1602.// RENEWABLE RESOURCE PROGRAM.---IN ORDER TO
PROVIDE FOR PERIODIC REVIEW OF PROGRAMS FOR MANAGEMENT AND
ADMINISTRATION OF THE NATIONAL FOREST SYSTEM, FOR RESEARCH, FOR
COOPERATIVE STATE AND PRIVATE FOREST SERVICE PROGRAMS, AND FOR CONDUCT
OF OTHER FOREST SERVICE ACTIVITIES IN RELATION TO THE FINDINGS OF THE
ASSESSMENT, THE SECRETARY OF AGRICULTURE, UTILIZING INFORMATION
AVAILABLE TO THE FOREST SERVICE AND OTHER AGENCIES WITHIN THE DEPARTMENT
OF AGRICULTURE, INCLUDING DATA PREPARED PURSUANT TO SECTION 302 OF THE
RURAL DEVELOPMENT ACT OF 1972, //86 STAT. 670, 7 USC 1010A.// SHALL
PREPARE AND TRANSMIT TO THE PRESIDENT A RECOMMENDED RENEWABLE RESOURCE
PROGRAM (HEREINAFTER CALLED THE "PROGRAM"). THE PROGRAM TRANSMITTED TO
THE PRESIDENT MAY INCLUDE ALTERNATIVES, AND SHALL PROVIDE IN APPROPRIATE
DETAIL FOR PROTECTION, MANAGEMENT, AND DEVELOPMENT OF THE NATIONAL
FOREST SYSTEM, INCLUDING FOREST DEVELOPMENT ROADS AND TRAILS; FOR
COOPERATIVE FOREST SERVICE PROGRAMS; AND FOR RESEARCH. THE PROGRAM
SHALL BE DEVELOPED IN ACCORDANCE WITH PRINCIPLES SET FORTH IN THE
MULTIPLE-USE SUSTAINED-YIELD ACT OF JUNE 12, 1960 (74 STAT. 215; 16
U.S.C. 528-531), AND THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (83
STAT. 852; 42 U.S.C. 4321 - 4347). THE PROGRAM SHALL BE PREPARED NOT
LATER THAN DECEMBER 31, 1975, TO COVER THE FOUR-YEAR PERIOD BEGINNING
OCTOBER 1, 1976, AND AT LEAST EACH OF THE FOUR FISCAL DECADES NEXT
FOLLOWING SUCH PERIOD, AND SHALL BE UPDATED NO LATER THAN DURING THE
FIRST HALF OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, AND THE FIRST
HALF OF EACH FIFTH FISCAL YEAR THEREAFTER TO COVER AT LEAST EACH OF THE
FOUR FISCAL DECADES BEGINNING NEXT AFTER SUCH UPDATING. THE PROGRAM
SHALL INCLUDE, BUT NOT BE LIMITED TO---,
(1) AN INVENTORY OF SPECIFIC NEEDS AND OPPORTUNITIES FOR BOTH
PUBLIC AND PRIVATE PROGRAM INVESTMENTS. THE INVENTORY SHALL
DIFFERENTIATE BETWEEN ACTIVITIES WHICH ARE OF A CAPITAL NATURE AND
THOSE WHICH ARE OF AN OPERATIONAL NATURE;
(2) SPECIFIC IDENTIFICATION OF PROGRAM OUTPUTS, RESULTS
ANTICIPATED, AND BENEFITS ASSOCIATED WITH INVESTMENTS IN SUCH A
MANNER THAT THE ANTICIPATED COSTS CAN BE DIRECTLY COMPARED WITH
THE TOTAL RELATED BENEFITS AND DIRECT AND INDIRECT RETURNS TO THE
FEDERAL GOVERNMENT;
(3) A DISCUSSION OF PRIORITIES FOR ACCOMPLISHMENT OF
INVENTORIED PROGRAM OPPORTUNITIES, WITH SPECIFIED COSTS, OUTPUTS,
RESULTS, AND BENEFITS; AND
(4) A DETAILED STUDY OF PERSONNEL REQUIREMENTS AS NEEDED TO
SATISFY EXISTING AND ONGOING PROGRAMS.
SEC. 4. //16 USC 1603.// NATIONAL FOREST SYSTEM RESOURCE
INVENTORIES.--AS A PART OF THE ASSESSMENT, THE SECRETARY OF AGRICULTURE
SHALL DEVELOP AND MAINTAIN ON A CONTINUING BASIS A COMPREHENSIVE AND
APPROPRIATELY DETAILED INVENTORY OF ALL NATIONAL FOREST SYSTEM LANDS AND
RENEWABLE RESOURCES. THIS INVENTORY SHALL BE KEPT CURRENT SO AS TO
REFLECT CHANGES IN CONDITIONS AND IDENTIFY NEW AND EMERGING RESOURCES
AND VALUES.
SEC. 5. //16 USC 1604.// NATIONAL FOREST SYSTEM RESOURCE
PLANNING--(A) AS A PART OF THE PROGRAM PROVIDED FOR BY SECTION 3 OF THIS
ACT, THE SECRETARY OF AGRICULTURE SHALL DEVELOP, MAINTAIN, AND, AS
APPROPRIATE, REVISE LAND AND RESOURCE MANAGEMENT PLANS FOR UNITS OF THE
NATIONAL FOREST SYSTEM, COORDINATED WITH THE LAND AND RESOURCE
MANAGEMENT PLANNING PROCESSES OF STATE AND LOCAL GOVERNMENTS AND OTHER
FEDERAL AGENCIES.
(B) IN THE DEVELOPMENT AND MAINTENANCE OF LAND MANAGEMENT PLANS FOR
USE ON UNITS OF THE NATIONAL FOREST SYSTEM, THE SECRETARY SHALL USE A
SYSTEMATIC INTERDISCIPLINARY APPROACH TO ACHIEVE INTEGRATED
CONSIDERATION OF PHYSICAL, BIOLOGICAL, ECONOMIC, AND OTHER SCIENCES.
SEC. 6. //16 USC 1605.// COOPERATION IN RESOURCE PLANNING.--THE
SECRETARY OF AGRICULTURE MAY UTILIZE THE ASSESSMENT, RESOURCE SURVEYS,
AND PROGRAM PREPARED PURSUANT TO THIS ACT TO ASSIST STATES AND OTHER
ORGANIZATIONS IN PROPOSING THE PLANNING FOR THE PROTECTION, USE, AND
MANAGEMENT OF RENEWABLE RESOURCES ON NON-FEDERAL LAND.
SEC. 7. //16 USC 1606.// NATIONAL PARTICIPATION.--(A) ON THE DATE
CONGRESS FIRST CONVENES IN 1976 AND THEREAFTER FOLLOWING EACH UPDATING
OF THE ASSESSMENT AND THE PROGRAM, THE PRESIDENT SHALL TRANSMIT TO THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE,
WHEN CONGRESS CONVENES, THE ASSESSEMNT AS SET FORTH IN SECTION 2 OF THIS
ACT AND THE PROGRAM AS SET FORTH IN SECTION 3 OF THIS ACT, TOGETHER WITH
A DETAILED STATEMENT OF POLICY INTENDED TO BE USED IN FRAMING BUDGET
REQUESTS BY THAT ADMINISTRATION FOR FOREST SERVICE ACTIVITIES FOR THE
FIVE- OR TEN-YEAR PROGRAM PERIOD BEGINNING DURING THE TERM OF SUCH
CONGRESS FOR SUCH FURTHER ACTION DEEMED APPROPRIATE BY THE CONGRESS.
FOLLOWING THE TRANSMISSION OF SUCH ASSESSMENT, PROGRAM, AND STATEMENT OF
POLICY, THE PRESIDENT SHALL, SUBJECT TO OTHER ACTIONS OF THE CONGRESS,
CARRY OUT PROGRAMS ALREADY ESTABLISHED BY LAW IN ACCORDANCE WITH SUCH
STATEMENT OF POLICY OR ANY SUBSEQUENT ADMENDMENT OR MODIFICATION THEREOF
APPROVED BY THE CONGRESS, UNLESS, BEFORE THE END OF THE FIRST PERIOD OF
SIXTY CALENDAR DAYS OF CONTINUOUS SESSION OF CONGRESS AFTER THE DATE ON
WHICH THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE
RECIPIENTS OF THE TRANSMISSION OF SUCH ASSESSMENT, PROGRAM, AND
STATEMENT OF POLICY, EITHER HOUSE ADOPTS A RESOLUTION REPORTED BY THE
APPROPRIATE COMMITTEE OF JURISDICTION DISAPPROVING THE STATEMENT OF
POLICY. FOR THE PURPOSE OF THIS SUBSECTION, THE CONTINUITY OF A SESSION
SHALL BE DEEMED TO BE BROKEN ONLY BY AN ADJOURNMENT SINE DIE, AND THE
DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN ADJOURNMENT
OF MORE THAN THREE DYAS TO A DAY CERTAIN SHALL BE EXCLUDED IN THE
COMPUTATION OF THE SIXTY-DAY PERIOD. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ACT, CONGRESS MAY REVISE OR MODIFY THE STATEMENT OF
POLICY TRANSMITTED BY THE PRESIDENT, AND THE REVISED OR MODIFIED
STATEMENT OF POLICY SHALL BE USED IN FRAMING BUDGET REQUESTS.
(B) COMMENCING WITH THE FISCAL BUDGET FOR THE YEAR ENDING SEPTEMBER
30, 1977, REQUESTS PRESENTED BY THE PRESIDENT TO THE CONGRESS GOVERNING
FOREST SERVICE ACTIVITIES SHALL EXPRESS IN QUALITATIVE AND QUANTITATIVE
TERMS THE EXTENT TO WHICH THE PROGRAMS AND POLICIES PROJECTED UNDER THE
BUDGET MEET THE POLICIES APPROVED BY THE CONGRESS IN ACCORDANCE WITH
SUBSECTION (A) OF THIS SECTION. IN ANY CASE IN WHICH SUCH BUDGET SO
PRESENTED RECOMMENDS A COURSE WHICH FAILS TO MEET THE POLICIES SO
ESTABLISHED, THE PRESIDENT SHALL SPECIFICALLY SET FORTH THE REASON OR
REASONS FOR REQUESTING THE CONGRESS TO APPROVE THE LESSER PROGRAMS OR
POLICIES PRESENTED. AMOUNTS APPROPRIATED TO CARRY OUT THE POLICIES
APPROVED IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION SHALL BE
EXPENDED IN ACCORDANCE WITH THE CONGRESSIONAL BUDGET AND IMPOUNDMENT
CONTROL ACT OF 1974, PUBLIC LAW 93 - 344. //ANTE, P. 297.//
(C) FOR THE PURPOSE OF PROVIDING INFORMATION THAT WILL AID CONGRESS
IN ITS OVERSIGHT RESPONSIBILITIES AND IMPROVE THE ACCOUNTABILITY OF
AGENCY EXPENDITURES AND ACTIVITIES, THE SECRETARY OF AGRICULTURE SHALL
PREPARE AN ANNUAL REPORT WHICH EVALUATES THE COMPONENT ELEMENTS OF THE
PROGRAM REQUIRED TO BE PREPARED BY SECTION 3 OF THIS ACT WHICH SHALL BE
FURNISHED TO THE CONGRESS AT THE TIME OF SUBMISSION OF THE ANNUAL FISCAL
BUDGET COMMENCING WITH THE THIRD FISCAL YEAR AFTER THE ENACTMENT OF THIS
ACT.
(D) THESE ANNUAL EVALUATION REPORTS SHALL SET FORTH PROGRESS IN
IMPLEMENTING THE PROGRAM REQUIRED TO BE PREPARED BY SECTION 3 OF THIS
ACT, TOGETHER WITH ACCOMPLISHMENTS OF THE PROGRAM AS THEY RELATE TO THE
OBJECTIVES OF THE ASSESSMENT. OBJECTIVES SHOULD BE SET FORTH IN
QUALITATIVE AND QUANTITATIVE TERMS AND ACCOMPLISHMENTS SHOULD BE
REPORTED ACCORDINGLY. THE REPORT SHALL CONTAIN APPROPRIATE MEASUREMENTS
OF PERTINENT COSTS AND BENEFITS. THE EVALUATION SHALL ASSESS THE
BALANCE BETWEEN ECONOMIC FACTORS AND ENVIRONMENTAL QUALITY FACTORS.
PROGRAM BENEFITS SHALL INCLUDE, BUT NOT BE LIMITED TO, ENVIRONMENTAL
QUALITY FACTORS SUCH AS ESTHETICS, PUBLIC ACCESS, WILDLIFE HABITAT,
RECREATIONAL AND WILDERNESS USE, AND ECONOMIC FACTORS SUCH AS THE EXCESS
OF COST SAVINGS OVER THE VALUE OF FOREGONE BENEFITS AND THE RATE OF
RETURN ON RENEWABLE RESOURCES.
(E) THE REPORTS SHALL INDICATE PLANS FOR IMPLEMENTING CORRECTIVE
ACTION AND RECOMMENDATIONS FOR NEW LEGISLATION WHERE WARRANTED.
(F) THE REPORTS SHALL BE STRUCTURED FOR CONGRESS IN CONCISE SUMMARY
FORM WITH NECESSARY DETAILED DATA IN APPENDICES.
SEC. 8. //16 USC 1607.// NATIONAL FOREST SYSTEM PROGRAM
ELEMENTS.---THE SECRETARY OF AGRICULTURE SHALL TAKE SUCH ACTION AS WILL
ASSURE THAT THE DEVELOPMENT AND ADMINISTRATION OF THE RENEWABLE
RESOURCES OF THE NATIONAL FOREST SYSTEM ARE IN FULL ACCORD WITH THE
CONCEPTS FOR MULTIPLE USE AND SUSTAINED YIELD OF PRODUCTS AND SERVICES
AS SET FORTH IN THE MULTIPLE-USE SUSTAINED-YIELD ACT OF 1960. //74
STAT. 215, 16 USC 528 NOTE.// TO FURTHER THESE CONCEPTS, THE CONGRESS
HEREBY SETS THE YEAR 2000 AS THE TARGET YEAR WHEN THE RENEWABLE
RESOURCES OF THE NATIONAL FOREST SYSTEM SHALL BE IN AN OPERATING POSTURE
WHEREBY ALL BACKLOGS OF NEEDED TREATMENT FOR THEIR RESTORATION SHALL BE
REDUCED TO A CURRENT BASIS AND THE MAJOR PORTION OF PLANNED INTENSIVE
MULTIPLE-USE SUSTAINED-YIELD MANAGEMENT PROCEDURES SHALL BE INSTALLED
AND OPERATING ON AN ENVIRONMENTALLY-SOUND BASIS. THE ANNUAL BUDGET
SHALL CONTAIN REQUESTS FOR FUNDS FOR AN ORDERLY PROGRAM TO ELIMINATE
SUCH BACKLOGS: PROVIDED, THAT WHEN THE SECRETARY FINDS THAT (1) THE
BACKLOG OF AREAS THAT WILL BENEFIT BY SUCH TREATMENT HAS BEEN
ELIMINATED, (2) THE COST OF TREATING THE REMAINDER OF SUCH AREA EXCEEDS
THE ECONOMIC AND ENVIRONMENTAL BENEFITS TO BE SECURED FROM THEIR
TREATMENTS, OR (3) THE TOTAL SUPPLIES OF THE RENEWABLE RESOURCES OF THE
UNITED STATES ARE ADEQUATE TO MEET THE FUTURE NEEDS OF THE AMERICAN
PEOPLE, THE BUDGET REQUEST FOR THESE ELEMENTS OF RESTORATION MAY BE
ADJUSTED ACCORDINGLY.
SEC. 9. //16 USC 1608.// TRANSPORTATION SYSTEM.--THE CONGRESS
DECLARES THAT THE INSTALLATION OF A PROPER SYSTEM OF TRANSPORTATION TO
SERVICE THE NATIONAL FOREST SYSTEM, AS IS PROVIDED FOR IN PUBLIC LAW 88
- 657, THE ACT OF OCTOBER 13, 1964 (16 U.S.C. 532 - 538), //78 STAT.
1089.// SHALL BE CARRIED FORWARD IN TIME TO MEET ANTICIPATED NEEDS ON AN
ECONOMICAL AND ENVIRONMENTALLY SOUND BASIS, AND THE METHOD CHOSEN FOR
FINANCING THE CONSTRUCTION AND MAINTENANCE OF THE TRANSPORTATION SYSTEM
SHOULD BE SUCH AS TO ENHANCE LOCAL, REGIONAL, AND NATIONAL BENEFITS,
EXCEPT THAT THE FINANCING OF FOREST DEVELOPMENT ROADS AS AUTHORIZED BY
CLAUSE (2) OF SECTION 4 OF THE ACT OF OCTOBER 13, 1964, SHALL BE DEEMED
"BUDGET AUTHORITY" AND "BUDGET OUTLAYS" AS THOSE TERMS ARE DEFINED IN
SECTION 3(A) OF THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF
1974 //ANTE, P. 299.// AND SHALL BE EFFECTIVE FOR ANY FISCAL YEAR ONLY
IN THE MANNER REQUIRED FOR NEW SPENDING AUTHORITY AS SPECIFIED BY
SECTION 401(A) OF THAT ACT. //ANTE, P. 317.//
SEC. 10. //16 USC 1609.// (A) NATIONAL FOREST SYSTEM DEFINED.--
CONGRESS DECLARES THAT THE NATIONAL FOREST SYSTEM CONSISTS OF UNITS OF
FEDERALLY OWNED FOREST, RANGE, AND RELATED LANDS THROUGHOUT THE UNITED
STATES AND ITS TERRITORIES, UNITED INTO A NATIONALLY SIGNIFICANT SYSTEM
DEDICATED TO THE LONG-TERM BENEFIT FOR PRESENT AND FUTURE GENERATIONS,
AND THAT IT IS THE PURPOSE OF THIS SECTION TO INCLUDE ALL SUCH AREAS
INTO ONE INTEGRAL SYSTEM. THE "NATIONAL FOREST SYSTEM" SHALL INCLUDE
ALL NATIONAL FOREST LANDS RESERVED OR WITHDRAWN FORM THE PUBLIC DOMAIN
OF THE UNITED STATES, ALL NATIONAL FOREST LANDS ACQUIRED THROUGH
PURCHASE, EXCHANGE, DONATION, OR OTHER MEANS, THE NATIONAL GRASSLANDS
AND LAND UTILIZATION PROJECTS ADMINISTERED UNDER TITLE III OF THE
BANKHEAD-JONES FARM TENANT ACT (50 STAT. 525, 7 U.S.C. 1010 - 1012),
//86 STAT. 669.// AND OTHER LANDS, WATERS, OR INTERESTS THEREIN WHICH
ARE ADMINISTERED BY THE FOREST SERVICE OR ARE DESIGNATED FOR
ADMINISTRATION THROUGH THE FOREST SERVICE AS A PART OF THE SYSTEM.
(B) THE ON-THE-GROUND FIELD OFFICES, FIELD SUPERVISORY OFFICES, AND
REGIONAL OFFICES OF THE FOREST SERVICE SHALL BE SO SITUATED AS TO
PROVIDE THE OPTIMUM LEVEL OF CONVENIENT, USEFUL SERVICES TO THE PUBLIC,
GIVING PRIORITY TO THE MAINTENANCE AND LOCATION OF FACILITIES IN RURAL
AREAS AND TOWNS NEAR THE NATIONAL FOREST AND FOREST SERVICE PROGRAM
LOCATIONS IN ACCORDANCE WITH THE STANDARDS IN SECTION 901(B) OF THE ACT
OF NOVEMBER 30, 1970 (84 STAT. 1383, AS AMENDED. //86 STAT. 674, 42 USC
3122.//
SEC. 11. //16 USC 1610.// RENEWABLE RESOURCES.--IN CARRYING OUT THIS
ACT, THE SECRETARY OF AGRICULTURE SHALL UTILIZE INFORMATION AND DATA
AVAILABLE FROM OTHER FEDERAL, STATE, AND PRIVATE ORGANIZATIONS AND SHALL
AVOID DUPLICATION AND OVERLAP OF RESOURCE ASSESSMENT AND PROGRAM
PLANNING EFFORTS OF OTHER FEDERAL AGENCIES. THE TERM "RENEWABLE
RESOURCES" SHALL BE CONSTRUED TO INVOLVE THOSE MATTERS WITHIN THE SCOPE
OF RESPONSIBILITIES AND AUTHORITIES OF THE FOREST SERVICE ON THE DATE OF
THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1163 ACCOMPANYING H.R. 15283 (COMM. ON
AGRICULTURE) AND NO. 93 - 1226 (COMM. ON CONFERENCE).
SENATE REPORT NO. 93 - 686 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 19, 21, CONSIDERED AND PASSED SENATE.
JULY 1, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
15283.
AUG. 1, HOUSE AGREED TO CONFERENCE REPORT.
AUG. 2, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-377, 88 STAT 472, ATOMIC ENERGY ACT OF 1954, ATOMIC
WEAPONS REWARDS ACT OF 1955, AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ATOMIC WEAPONS REWARDS
ACT OF 1955 //69 STAT. 365, 50 USC 47A NOTE.// IS AMENDED AS FOLLOWS:
(A) THE INITIAL SECTION OF THE ACT IS AMENDED BY STRIKING OUT THE
WORDS "ATOMIC WEAPONS REWARDS ACT OF 1955" AND BY SUBSTITUTING IN LIEU
THEREOF "ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS ACT."
(B) SECTIONS 2, 3, AND 5 OF THE ACT ARE AMENDED TO READ AS FOLLOWS;
//50 USC 47A, 47B, 47D.//
"SEC. 2. ANY PERSON WHO FURNISHES ORIGINAL INFORMATION TO THE UNITED
STATES---,
"(A) LEADING TO THE FINDING OR OTHER ACQUISITION BY THE UNITED
STATES OF SPECIAL NUCLEAR MATERIAL OR AN ATOMIC WEAPON WHICH HAS
BEEN INTRODUCED INTO THE UNITED STATES OR MANUFACTURED OR ACQUIRED
THEREIN CONTRARY TO THE LAWS OF THE UNITED STATES, OR
"(B) WITH RESPECT TO THE INTRODUCTION OR ATTEMPTED INTRODUCTION
INTO THE UNITED STATES OR THE MANUFACTURE OR ACQUISITION OR
ATTEMPTED MANUFACTURE OR ACQUISITION OF, OR A CONSPIRACY TO
INTRODUCE INTO THE UNITED STATES OR TO MANUFACTURE OR ACQUIRE,
SPECIAL NUCLEAR MATERIAL OR AN ATOMIC WEAPON CONTRARY TO THE LAWS
OF THE UNITED STATES, OR
"(C) WITH RESPECT TO THE EXPORT OR ATTEMPTED EXPORT, OR A
CONSPIRACY TO EXPORT, SPECIAL NUCLEAR MATERIAL OR AN ATOMIC WEAPON
FROM THE UNITED STATES CONTRARY TO THE LAWS OF THE UNITED STATES,
SHALL BE REWARDED BY THE PAYMENT OF AN AMOUNT NOT TO EXCEED $500,000.
"SEC. 3. THE ATTORNEY GENERAL SHALL DETERMINE WHETHER A PERSON
FURNISHING INFORMATION TO THE UNITED STATES IS ENTITLED TO A REWARD AND
THE AMOUNT TO BE PAID PURSUANT TO SECTION 2. BEFORE MAKING A REWARD
UNDER THIS SECTION THE ATTORNEY GENERAL SHALL ADVISE AND CONSULT WITH
THE ATOMIC ENERGY COMMISSION. A REWARD OF $50,000 OR MORE MAY NOT BE
MADE WITHOUT THE APPROVAL OF THE PRESIDENT.".
"SEC. 5. (A) THE ATTORNEY GENERAL IS AUTHORIZED TO HOLD SUCH HEARINGS
AND MAKE, PROMULGATE, ISSUE, RESCIND, AND AMEND SUCH RULES AND
REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS ACT.
"(B) A DETERMINATION MADE BY THE ATTORNEY GENERAL UNDER SECTION 3 OF
THIS ACT SHALL BE FINAL AND CONCLUSIVE AND NO COURT SHALL HAVE POWER OR
JURISDICTION TO REVIEW IT.".
(C) SECTION 6 OF THE ACT //50 USC 47E.// IS AMENDED BY DELETING THE
WORDS "AWARDS BOARD" AND BY SUBSTITUTING IN LIEU THEREOF THE WORDS
"ATTORNEY GENERAL".
SEC. 2. SECTION 54 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, //68
STAT. 931; 78 STAT. 604, 42 USC 2074.// IS AMENDED TO READ AS FOLLOWS:
"SEC. 54. FOREIGN DISTRIBUTION OF SPECIAL NUCLEAR MATERIAL.---A. THE
COMMISSION IS AUTHORIZED TO COOPERATE WITH ANY NATION OR GROUP OF
NATIONS BY DISTRIBUTING SPECIAL NUCLEAR MATERIAL AND TO DISTRIBUTE SUCH
SPECIAL NUCLEAR MATERIAL, PURSUANT TO THE TERMS OF AN AGREEMENT FOR
COOPERATION TO WHICH SUCH NATION OR GROUP OF NATIONS IS A PARTY AND
WHICH IS MADE IN ACCORDANCE WITH SECTION 123. //72 STAT. 277, 632, 42
USC 2153.// UNLESS HEREAFTER OTHERWISE AUTHORIZED BY LAW THE COMMISSION
SHALL BE COMPENSATED FOR SPECIAL NUCLEAR MATERIAL SO DISTRIBUTED AT NOT
LESS THAN THE COMMISSION'S PUBLISHED CHARGES APPLICABLE TO THE DOMESTIC
DISTRIBUTION OF SUCH MATERIAL, EXCEPT THAT THE COMMISSION TO ASSIST AND
ENCOURAGE RESEARCH ON PEACEFUL USES OR FOR MEDICAL THERAPY MAY SO
DISTRIBUTE WITHOUT CHARGE DURING ANY CALENDAR YEAR ONLY A QUANTITY OF
SUCH MATERIAL WHAT AT THE TIME OF TRANSFER DOES NOT EXCEED IN VALUE
$10,000 IN THE CASE OF ONE NATION OR $50,000 IN THE CASE OF ANY GROUP OF
NATIONS. THE COMMISSION MAY DISTRIBUTE TO THE INTERNATIONAL ATOMIC
ENERGY AGENCY, OR TO ANY GROUP OF NATIONS, ONLY SUCH AMOUNTS OF SPECIAL
NUCLEAR MATERIALS AND FOR SUCH PERIOD OF TIME AS ARE AUTHORIZED BY
CONGRESS: PROVIDED, HOWEVER, THAT, (I) NOTWITHSTANDING THIS PROVISION,
THE COMMISSION IS HEREBY AUTHORIZED, SUBJECT TO THE PROVISIONS OF
SECTION 123, //68 STAT. 940; 72 STAT. 277, 632, 42 USC 2153.// TO
DISTRIBUTE TO THE AGENCY FIVE THOUSAND KILOGRAMS OF CONTAINED
URANIUM-235, FIVE HUNDRED GRAMS OF URANIUM-233, AND THREE KILOGRAMS OF
PLUTONIUM, TOGETHER WITH THE AMOUNTS OF SPECIAL NUCLEAR MATERIAL WHICH
WILL MATCH IN AMOUNT THE SUM OF ALL QUANTITIES OF SPECIAL NUCLEAR
MATERIALS MADE AVAILABLE BY ALL OTHER MEMBERS OF THE AGENCY TO JUNE 1,
1960; AND (II) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
SUBSECTION, THE COMMISSION MAY DISTRIBUTE TO THE INTERNATIONAL ATOMIC
ENERGY AGENCY, OR TO ANY GROUP OF NATIONS, SUCH OTHER AMOUNTS OF SPECIAL
NUCLEAR MATERIALS AND FOR SUCH OTHER PERIODS OF TIME AS ARE ESTABLISHED
IN WRITING BY THE COMMISSION: PROVIDED, HOWEVER, THAT BEFORE THEY ARE
ESTABLISHED BY THE COMMISSION PURSUANT TO THIS SUBDIVISION (II), SUCH
PROPOSED AMOUNTS AND PERIODS SHALL BE SUBMITTED TO THE CONGRESS AND
REFERRED TO THE JOINT COMMITTEE AND A PERIOD OF SIXTY DAYS SHALL ELAPSE
WHILE CONGRESS IN SESSION (IN COMPUTING SUCH SIXTY DAYS, THERE SHALL BE
EXCLUDED THE DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN
ADJOURNMENT OF MORE THAN THREE DAYS): AND PROVIDED FURTHER, THAT ANY
SUCH PROPOSED AMOUNTS AND PERIODS SHALL NOT BECOME EFFECTIVE IF DURING
SUCH SIXTY-DAY PERIOD THE CONGRESS PASSES A CONCURRENT RESOLUTION
STATING IN SUBSTANCE THAT IT DOES NOT FAVOR THE PROPOSED ACTION: AND
PROVIDED FURTHER, THAT PRIOR TO THE ELAPSE OF THE FIRST THIRTY DAYS OF
ANY SUCH SIXTY-DAY PERIOD THE JOINT COMMITTEE SHALL SUBMIT A REPORT TO
THE CONGRESS OF ITS VIEWS AND RECOMMENDATIONS RESPECTING THE PROPOSED
AMOUNTS AND PERIODS AND AN ACCOMPANYING PROPOSED CONCURRENT RESOLUTION
STATING IN SUBSTANCE THAT THE CONGRESS FAVORS, OR DOES NOT FAVOR, AS THE
CASE MAY BE, THE PROPOSED AMOUNTS OR PERIODS. THE COMMISSION MAY AGREE
TO REPURCHASE ANY SPECIAL NUCLEAR MATERIAL DISTRIBUTED UNDER A SALE
ARRANGEMENT PURSUANT TO THIS SUBSECTION WHICH IS NOT CONSUMED IN THE
COURSE OF THE ACTIVITIES CONDUCTED IN ACCORDANCE WITH THE AGREEMENT FOR
COOPERATION, OR ANY URANIUM REMAINING AFTER IRRADIATION OF SUCH SPECIAL
NUCLEAR MATERIAL, AT A REPURCHASE PRICE NOT TO EXCEED THE COMMISSION'S
SALE PRICE FOR COMPARABLE SPECIAL NUCLEAR MATERIAL OR URANIUM IN EFFECT
AT THE TIME OF DELIVERY OF SUCH MATERIAL TO THE COMMISSION. THE
COMMISSION MAY ALSO AGREE TO PURCHASE, CONSISTENT WITH AND WITHIN THE
PERIOD OF THE AGREEMENT FOR COOPERATION, SPECIAL NUCLEAR MATERIAL
PRODUCED IN A NUCLEAR REACTOR LOCATED OUTSIDE THE UNITED STATES THROUGH
THE USE OF SPECIAL NUCLEAR MATERIAL WHICH WAS LEASED OR SOLD PURSUANT TO
THIS SUBSECTION. UNDER ANY SUCH AGREEMENT THE COMMISSION SHALL PURCHASE
ONLY SUCH MATERIAL AS IS DELIVERED TO THE COMMISSION DURING ANY PERIOD
WHEN THERE IS IN EFFECT A GUARANTEED PURCHASE PRICE FOR THE SAME
MATERIAL PRODUCED IN A NUCLEAR REACTOR BY A PERSON LICENSED UNDER
SECTION 104, //68 STAT. 937; 84 STAT. 1472, 42 USC 2134.// ESTABLISHED
BY THE COMMISSION PURSUANT TO SECTION 56, //78 STAT. 605; 84 STAT.
1472, 42 USC 2076.// AND THE PRICE TO BE PAID SHALL BE THE PRICE SO
ESTABLISHED BY THE COMMISSION AND IN EFFECT FOR THE SAME MATERIAL
DELIVERED TO THE COMMISSION.
"B. NOTWITHSTANDING THE PROVISIONS OF SECTIONS 123, 124, AND 125,
THE COMMISSION IS AUTHORIZED TO DISTRIBUTE TO ANY PERSON OUTSIDE THE
UNITED STATES (1) PLUTONIUM CONTAINING 80 PER CENTUM OR MORE BY WEIGHT
OF PLUTONIUM-238, AND (2) OTHER SPECIAL NUCLEAR MATERIAL WHEN IT HAS, IN
ACCORDANCE WITH SUBSECTION 57 D., EXEMPTED CERTAIN CLASSES OR QUANTITIES
OF SUCH OTHER SPECIAL NUCLEAR MATERIAL OR KINDS OF USES OR USERS THEREOF
FROM THE REQUIREMENTS FOR A LICENSE SET FORTH IN THIS CHAPTER. UNLESS
HEREAFTER OTHERWISE AUTHORIZED BY LAW, THE COMMISSION SHALL BE
COMPENSATED FOR SPECIAL NUCLEAR MATERIAL SO DISTRIBUTED NOT LESS THAN
THE COMMISSION'S PUBLISHED CHARGES APPLICABLE TO THE DOMESTIC
DISTRIBUTION OF SUCH MATERIAL. THE COMMISSION SHALL NOT DISTRIBUTE ANY
PLUTONIUM CONTAINING 80 PER CENTUM OR MORE BY WEIGHT OF PLUTONIUM-238 TO
ANY PERSON UNDER THIS SUBSECTION IF, IN ITS OPINION, SUCH DISTRIBUTION
WOULD BE INIMICAL TO THE COMMON DEFENSE AND SECURITY. THE COMMISSION
MAY REQUIRE SUCH REPORTS REGARDING THE USE OF MATERIAL DISTRIBUTED
PURSUANT TO THE PROVISIONS OF THIS SUBSECTION AS IT DEEMS NECESSARY.
"C. THE COMMISSION IS AUTHORIZED TO LICENSE OR OTHERWISE PERMIT
OTHERS TO DISTRIBUTE SPECIAL NUCLEAR MATERIAL TO ANY PERSON OUTSIDE THE
UNITED STATES UNDER THE SAME CONDITIONS, EXCEPT AS TO CHARGES, AS WOULD
BE APPLICABLE IF THE MATERIAL WERE DISTRIBUTED BY THE COMMISSION.".
SEC. 3. SECTION 57 OF THE ATOMIC ENEREGY ACT OF 1954, AS AMENDED,
//78 STAT. 605, 42 USC 2077.// IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SUBSECTION:
"D. THE COMMISSION IS AUTHORIZED TO ESTABLISH CLASSES OF SPECIAL
NUCLEAR MATERIAL AND TO EXEMPT CERTAIN CLASSES OR QUANTITIES OF SPECIAL
NUCLEAR MATERIAL OR KINDS OF USES OR USERS FROM THE REQUIREMENTS FOR A
LICENSE SET FORTH IN THIS SECTION WHEN IT MAKES A FINDING THAT THE
EXEMPTION OF SUCH CLASSES OR QUANTITIES OF SPECIAL NUCLEAR MATERIAL OR
SUCH KINDS OF USES OR USERS WOULD NOT BE INIMICAL TO THE COMMON DEFENSE
AND SECURITY AND WOULD NOT CONSTITUTE AN UNREASONABLE RISK TO THE HEALTH
AND SAFETY OF THE PUBLIC.".
SEC. 4. SECTION 81 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, //68
STAT. 935, 42 USC 2111.// IS AMENDED BY DELETING THE WORD "LICENSEES"
AND INSERTING IN LIEU THEREOF THE WORDS "QUALIFIED APPLICANTS" IN THE
THIRD SENTENCE OF SUCH SECTION AND BY DELETING THE FIFTH SENTENCE OF
SUCH SECTION.
SEC. 5. SECTIONS 123, 124, AND 125 OF THE ATOMIC ENERGY ACT OF 1954,
AS AMENDED, //68 STAT. 940, 71 STAT. 11, 42 USC 2153 AND NOTE, 2154.//
ARE AMENDED BY SUBSTITUTING THE TERM "54A." FOR THE TERM "54.".
SEC. 6. SUBSECTION 153 H. OF THE ATOMIC ENERGY ACT OF 1954, //83
STAT. 444, 42 USC 2183.// AS AMENDED, IS AMENDED BY STRIKING THE FIGURE
"1974" AND SUBSTITUTING THEREOF THE FIGURE "1979".
SEC. 7. SUBSECTION 161 I. OF THE ATOMIC ENERGY ACT OF 1954, AS
AMENDED, //68 STAT. 949. 42 USC 2201.// IS AMENDED TO READ AS FOLLOWS:
"I. PRESCRIBE SUCH REGULATIONS OR ORDERS AS IT MAY DEEM
NECESSARY (1) TO PROTECT RESTRICTED DATA RECEIVED BY ANY PERSON IN
CONNECTION WITH ANY ACTIVITY AUTHORIZED PURSUANT TO THIS ACT, (2)
TO GUARD AGAINST THE LOSS OR DIVERSION OF ANY SPECIAL NUCLEAR
MATERIAL ACQUIRED BY ANY PERSON PURSUANT TO SECTION 53 //68 STAT.
930; 78 STAT. 603, 42 USC 2073.// OR PRODUCED BY ANY PERSON IN
CONNECTION WITH ANY ACTIVITY AUTHORIZED PURSUANT TO THIS ACT, TO
PREVENT ANY USE OR DISPOSITION THEREOF WHICH THE COMMISSION MAY
DETERMINE TO BE INIMICAL TO THE COMMON DEFENSE AND SECURITY,
INCLUDING REGULATIONS OR ORDERS DESIGNATING ACTIVITIES, INVOLVING
QUANTITIES OF SPECIAL NUCLEAR MATERIAL WHICH IN THE
OPINION OF THE COMMISSION ARE IMPORTANT TO THE COMMON DEFENSE AND
SECURITY, THAT MAY BE CONDUCTED ONLY BY PERSONS WHOSE CHARACTER,
ASSOCIATIONS, AND LOYALTY SHALL HAVE BEEN INVESTIGATED UNDER STANDARDS
AND SPECIFICATIONS ESTABLISHED BY THE COMMISSION AND AS TO WHOM THE
COMMISSION SHALL HAVE DETERMINED THAT PERMITTING EACH SUCH PERSON TO
CONDUCT THE ACTIVITY WILL NOT BE INIMICAL TO THE COMMON DEFENSE AND
SECURITY, AND (3) TO GOVERN ANY ACTIVITY AUTHORIZED PURSUANT TO THIS
ACT, INCLUDING STANDARDS AND RESTRICTIONS GOVERNING THE DESIGN,
LOCATION, AND OPERATION OF FACILITIES USED IN THE CONDUCT OF SUCH
ACTIVITY, IN ORDER TO PROTECT HEALTH AND TO MINIMIZE DANGER TO LIFE OR
PROPERTY;".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1155 ACCOMPANYING H.R. 15416 (JOINT COMM. ON
ATOMIC ENERGY).
SENATE REPORT NO. 93 - 989 (JOINT COMM. ON ATOMIC ENERGY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 11, CONSIDERED AND PASSED SENATE.
AUG. 1, CONSIDERED AND PASSED HOUSE, IN LIEU OF H.R. 15416.
PUBLIC LAW 93-376, 88 STAT 446, DISTRICT OF COLUMBIA CAMPAIGN FINANCE
REFORM AND CONFLICT OF INTEREST ACT
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SE. 101. SHORT TITLE.
SEC. 102. DEFINITIONS.
SEC. 201. ORGANIZATION OF POLITICAL COMMITTEES.
SEC. 202. PRINCIPAL CAMPAIGN COMMITTEE.
SEC. 203. DESIGNATION OF CAMPAIGN DEPOSITORY.
SEC. 204. REGISTRATION OF POLITICAL COMMITTEES; STATEMENTS.
SEC. 205. REGISTRATION OF CANDIDATES.
SEC. 206. REPORTS BY POLITICAL COMMITTEES AND CANDIDATES.
SEC. 207. REPORTS BY OTHERS THAN POLITICAL COMMITTEES.
SEC. 208. FORMAL REQUIREMENTS RESPECTING REPORTS AND STATEMENTS.
SEC. 209. EXEMPTION FOR CANDIDATES WHO ANTICIPATE SPENDING LESS THAN
$250.
SEC. 210. IDENTIFICATION OF CAMPAIGN LITERATURE.
SEC. 211. EFFECT ON LIABILITY.
SEC. 301. ESTABLISHMENT OF THE OFFICE OF DIRECTOR.
SEC. 302. POWERS OF THE DIRECTOR.
SEC. 3039 DUTIES OF THE DIRECTOR.
SEC. 304. GENERAL ACCOUNTING OFFICE TO ASSIST BOARD AND DIRECTOR.
SEC. 305. NOMINATING COMMITTEE.
SEC. 306. DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS.
SEC. 401. GENERAL LIMITATIONS.
SEC. 402. LIMITATION ON EXPENDITURES.
SEC. 501. DEFINITIONS.
SEC. 502. DETAILED ACCOUNTS OF CONTRIBUTIONS; RETENTION OF RECEIPTED
BILLS OF EXPENDITURES.
SEC. 503. RECEIPTS FOR CONTRIBUTIONS.
SEC. 504. STATEMENTS OF ACCOUNTS FILED WITH DIRECTOR.
SEC. 505. PRESERVATION OF STATEMENTS.
SEC. 506. PERSONS TO WHOM TITLE IS APPLICABLE.
SEC. 507. REGISTRATION OF LOBBYISTS WITH DIRECTOR; COMPILATION OF
INFORMATION.
SEC. 508. REPORTS AND STATEMENTS UNDER OATH.
SEC. 509. PENALTIES AND PROHIBITIONS.
SEC. 510. EXEMPTIONS.
SEC. 601. CONFLICT OF INTEREST.
SEC. 602. DISCLOSURE OF FINANCIAL INTEREST.
SEC. 701. PENALTIES AND ENFORCEMENT.
SEC. 702. TAX CREDIT FOR CAMPAIGN CONTRIBUTIONS.
SEC. 703. USE OF SURPLUS CAMPAIGN FUNDS.
SEC. 704. A STUDY OF 1974 ELECTION AND REPORT BY COUNCIL.
SEC. 705. EFFECTIVE DATES.
SEC. 706. AMENDMENTS TO DISTRICT OF COLUMBIA ELECTION ACT.
SEC. 707. AUTHORITY OF COUNCIL.
SEC. 708. AUTHORIZATION OF APPROPRIATION.
SEC. 101. THIS ACT MAY BE CITED AS THE "DISTRICT OF COLUMBIA CAMPAIGN
FINANCE REFORM AND CONFLICT OF INTEREST ACT." //D.C. CODE 1 - 1121
NOTE.//
SEC. 102. WHEN USED IN THIS ACT, UNLESS OTHERWISE PROVIDED--- //D.C.
CODE 1 - 1121.//
(A) THE TERM "ELECTION" MEANS A PRIMARY, RUNOFF, GENERAL, OR SPECIAL
ELECTION HELD IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF NOMINATING
AN INDIVIDUAL TO BE A CANDIDATE FOR ELECTION TO OFFICE OR FOR THE
PURPOSE OF ELECTING A CANDIDATE TO OFFICE, AND INCLUDES A CONVENTION OR
CAUCUS OF A POLITICAL PARTY HELD FOR THE PURPOSE OF NOMINATING SUCH A
CANDIDATE.
(B) THE TERM "CANDIDATE" MEANS AN INDIVIDUAL WHO SEEKS NOMINATION FOR
ELECTION, OR ELECTION, TO OFFICE, WHETHER OR NOT SUCH INDIVIDUAL IS
NOMINATED OR ELECTED, AND, FOR PURPOSES OF THIS PARAGRAPH, AN INDIVIDUAL
SHALL BE DEEMED TO SEEK NOMINATION FOR ELECTION, OR ELECTION, IF HE HAS
(1) OBTAINED OR AUTHORIZED ANY OTHER PERSON TO OBTAIN NOMINATING
PETITIONS TO QUALIFY HIMSELF FOR NOMINATION FOR ELECTION, OR ELECTION,
TO OFFICE, (2) RECEIVED CONTRIBUTIONS OR MADE EXPENDITURES, OR HAS GIVEN
HIS CONSENT FOR ANY OTHER PERSON TO RECEIVE CONTRIBUTIONS OR MAKE
EXPENDITURES, WITH A VIEW TO BRINGING ABOUT HIS NOMINATION FOR ELECTION,
OR ELECTION, TO OFFICE, OR (3) REASON TO KNOW, OR KNOWS, THAT ANY OTHER
PERSON HAS RECEIVED CONTRIBUTIONS OR MADE EXPENDITURES FOR THAT PURPOSE,
AND HAS NOT NOTIFIED THAT PERSON IN WRITING TO CEASE RECEIVING
CONTRIBUTIONS OR MAKING EXPENDITURES FOR THAT PURPOSE. A PERSON WHO IS
DEEMED TO BE A CANDIDATE FOR THE PURPOSES OF THIS ACT SHALL NOT BE
DEEMED, SOLELY BY REASON OF THAT STATUS, TO BE A CANDIDATE FOR THE
PURPOSES OF ANY OTHER FEDERAL LAW.
(C) THE TERM "OFFICE" MEANS THE OFFICE OF MAYOR OF THE DISTRICT OF
COLUMIBA, CHAIRMAN OR MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMIBA,
MEMBER OF THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMIBA, OR AN
OFFICIAL OF A POLITICAL PARTY.
(D) THE TERM "OFFICIAL OF A POLITICAL PARTY" MEANS---,
(1) NATIONAL COMMITTEEMEN AND NATIONAL COMMITTEEWOMEN;
(2) DELEGATES TO CONVENTIONS OF POLITICAL PARTIES NOMINATING
CANDIDATES FOR THE PRESIDENCY AND VICE PRESIDENCY OF THE UNITED
STATES;
(3) ALTERNATES TO THE OFFICIALS REFERRED TO CLAUSES (1) AND (2)
ABOVE, WHERE PERMITTED BY POLITICAL PARTY RULES; AND
(4) SUCH MEMBERS AND OFFICIALS OF LOCAL COMMITTEES OF POLITICAL
PARTIES AS MAY BE DESIGNATED BY THE DULY AUTHORIZED LOCAL
COMMITTEES OF SUCH PARTIES FOR ELECTION, BY PUBLIC BALLT, AT LARGE
OR BY WARD IN THE DISTRICT OF COLUMBIA.
(E) THE TERM "POLITICAL COMMITTEE" MEANS ANY COMMITTEE (INCLUDING A
PRINCIPAL CAMPAIGN COMMITTEE), CLUB, ASSOCIATION, ORGANIZATION, OR OTHER
GROUP OF INDIVIDUALS ORGANIZED FOR THE PURPOSE OF, OR ENGAGED IN,
PROMOTING OR OPPOSING A POLITICAL PARTY OR THE NOMINATION OR ELECTION OF
AN INDIVIDUAL TO OFFICE.
(F) THE TERM "CONTRIBUTION" MEANS---,
(1) A GIFT, SUBSCRIPTION (INCLUDING ANY ASSESSMENT, FEE, OR
MEMBERSHIP DUES), LOAN, ADVANCE, OR DEPOSIT OF MONEY OR ANYTHING
OF VALUE, MADE FOR THE PURPOSE OF FINANCING, DIRECTLY OR
INDIRECTLY, THE ELECTION CAMPAIGN OF A CANDIDATE OR ANY OPERATIONS
OF A POLITICAL COMMITTEE;
(2) A CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY
ENFORCEABLE, TO MAKE A CONTRIBUTION FOR ANY SUCH PURPOSE;
(3) A TRANSFER OF FUNDS BETWEEN POLITICAL COMMITTEES; OR
(4) THE PAYMENT, BY ANY PERSON OTHER THAN A CANDIDATE OR
POLITICAL COMMITTEE, OF COMPENSATION FOR THE PERSONAL SERVICES OF
ANOTHER PERSON WHICH ARE RENDERED TO SUCH CANDIDATE OR COMMITTEE
WITHOUT CHARGE, OR FOR LESS THAN REASONABLE VALUE, FOR ANY SUCH
PURPOSE OR THE FURNISHING OF GOODS, ADVERTISING, OR SERVICES TO A
CANDIDATE'S CAMPAIGN WITHOUT CHARGE, OR AT A RATE WHICH IS LESS
THAN THE RATE NORMALLY CHARGED FOR SUCH SERVICES.
NOTWITHSTANDING THE FOREGOING, SUCH TERM SHALL NOT BE CONSTRUED TO
INCLUDE (A) SERVICES PROVIDED WITHOUT COMPENSATION, BY INDIVIDUALS
VOLUNTERING A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
POLITICAL COMMITTEE, (B) PERSONAL SERVICES PROVIDED WITHOUT COMPENSATION
BY INDIVIDUALS VOLUNTEERING A PORTION OR ALL OF THEIR TIME TO A
CANDIDATE OR POLITICAL COMMITTEE, (C) COMMUNICATIONS BY AN ORGANIZATION,
OTHER THAN A POLITICAL PARTY, SOLELY TO ITS MEMBERS AND THEIR FAMILIES
ON ANY SUBJECT, (C) COMMUNICATIONS (INCLUDING ADVERTISEMENTS) TO ANY
PERSON ON ANY SUBJECT BY ANY ORGANIZATION WHICH IS ORGANIZED SOLELY AS
AN ISSUE-ORIENTED ORGANIZATION, WHICH COMMUNICATIONS NEITHER ENDORSE NOR
OPPOSE ANY CANDIDATE FOR OFFICE, OR (E) NORMAL BILLING CREDIT FOR A
PERIOD NOT EXCEEDING THIRTY DAYS.
(G) THE TERM "EXPENDITURE" MEANS---,
(1) A PURCHASE, PAYMENT, DISTRIBUTION, LOAN, ADVANCE, DEPOSIT,
OR GIFT OR MONEY OR ANYTHING OF VALUE, MADE FOR THE PURPOSE OF
FINANCING, DIRECTLY OR INDIRECTLY, THE ELECTION CAMPAIGN OF A
CANDIDATE OR ANY OPERATIONS OF A POLITICAL COMMITTEE;
(2) A CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY
ENFORCEABLE, TO MAKE AN EXPENDITURE;
(3) A TRANSFER OF FUNDS BETWEEN POLITICAL COMMITTEES; AND
(4) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS PARAGRAPH,
SUCH TERM SHALL NOT BE CONSTRUED TO INCLUDE THE INCIDENTAL
EXPENSES (AS DEFINED BY THE BOARD) MADE BY OR ON BEHALF OF
INDIVIDUALS IN THE COURSE OF VOLUNTEERING THEIR TIME ON BEHALF OF
A CANDIDATE OR POLITICAL COMMITTEE.
(H) THE TERM "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, COMMITTEE,
ASSOCIATION, CORPORATION, LABOR ORGANIZATION, AND ANY OTHER ORGANIZATION
OR GROUP OF PERSONS.
(I) THE TERM "DIRECTOR" MEANS THE DIRECTOR OF CAMPAIGN FINANCE OF THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS CREATED BY TITLE III.
(J) THE TERM "POLITICAL PARTY" MEANS AN ASSOCIATION, COMMITTEE, OR
ORGANIZATION WHICH NOMINATES A CANDIDATE FOR ELECTION TO ANY OFFICE AND
QUALIFIES UNDER THE DISTRICT OF COLUMBIA ELECTION ACT (D.C. CODE, SEC.
1 - 1101 ET SEQ.), //69 STAT. 699; 87 STAT. 832.// TO HAVE THE NAMES OF
ITS NOMINEES APPEAR ON THE ELECTION BALLOT AS THE CANDIDATE OF THAT
ASSOCIATION, COMMITTEE, OR ORGANIZATION.
(K) THE TERM "BOARD" MEANS THE DISTRICT OF COLUMBIA BOARD OF
ELECTIONS AND ETHICS ESTABLISHED UNDER THE DISTRICT OF COLUMBIA ELECTION
ACT (D.C. CODE, SEC. 1 - 1101 ET SEQ.) AND REDESIGNATED BY SECTION 306.
SEC. 201. //D.C. CODE 1 - 1131.// (A) EVERY POLITICAL COMMITTEE
SHALL HAVE A CHAIRMAN AND A TREASURER. NO CONTRIBUTION AND NO
EXPENDITURE SHALL BE ACCEPTED OR MADE BY OR ON BEHALF OF A POLITICAL
COMMITTEE AT A TIME WHEN THERE IS A VACANCY IN THE OFFICE OF TREASURER
THEREOF AND NO OTHER PERSON HAS BEEN DESIGNATED AND HAS AGREED TO
PERFORM THE FUNCTIONS OF TREASURER. NO EXPENDITURE SHALL BE MADE FOR OR
ON BEHALF OF A POLITICAL COMMITTEE WITHOUT THE AUTHORIZATION OF ITS
CHAIRMAN OR TREASURER, OR THEIR DESIGNATED AGENTS.
(B) EVERY PERSON WHO RECEIVES A CONTRIBUTION OF $10 OR MORE FOR OR ON
BEHALF OF A POLITICAL COMMITTEE SHALL, ON DEMAND OF THE TREASURER, AND
IN ANY EVENT WITHIN FIVE DAYS AFTER RECEIPT OF SUCH CONTRIBUTION, SUBMIT
TO THE TREASURER OF SUCH COMMITTEE A DETAILED ACCOUNT THEREOF, INCLUDING
THE AMOUNT, THE NAME AND ADDRESS (INCLUDING THE OCCUPATION AND THE
PRINCIPAL PLACE OF BUSINESS, IF ANY) OF THE PERSON MAKING SUCH
CONTRIBUTION, AND THE DATE ON WHICH SUCH CONTRIBUTION WAS RECEIVED. ALL
FUNDS OF A POLITICAL COMMITTEE SHALL BE SEGREGATED FROM, AND MAY NOT BE
COMMINGLED WITH, ANY PERSONAL FUNDS OF OFFICERS, MEMBERS, OR ASSOCIATES
OF SUCH COMMITTEE.
(C) EXCEPT FOR ACCOUNTS OF EXPENDITURES MADE OUT OF THE PETTY CASH
FUND PROVIDED FOR UNDER SECTION 201 (B), THE TREASURER OF A POLITICAL
COMMITTEE, AND EACH CANDIDATE, SHALL KEEP A DETAILED AND EXACT ACCOUNT
OF---,
(1) ALL CONTRIBUTIONS MADE TO OR FOR SUCH POLITICAL COMMITTEE
OR CANDIDATE;
(2) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EVERY PERSON
MAKING A CONTRIBUTION OF $10 OR MORE, AND THE DATE AND AMOUNT
THEREOF;
(3) ALL EXPENDITURES MADE BY OR ON BEHALF OF SUCH COMMITTEE OR
CANDIDATE; AND
(4) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EVERY PERSON TO
WHOM ANY EXPENDITURES IS MADE, THE DATE AND AMOUNT THEREOF AND THE
NAME AND ADDRESS OF, AND OFFICE SOUGHT BY, EACH CANDIDATE ON WHOSE
BEHALF SUCH EXPENDITURE WAS MADE.
(D) THE TREASURER OR CANDIDATE SHALL OBTAIN AND PRESERVE SUCH
RECEIPTED BILLS AND RECORDS AS MAY BE REQUIRED BY THE BOARD.
(E) EACH POLITICAL COMMITTEE AND CANDIDATE SHALL INCLUDE ON THE FACE
OR FRONT PAGE OF ALL LITERATURE AND ADVERTISEMENTS SOLICITING FUNDS THE
FOLLOWING NOTICE: "A COPY OF OUR REPORT IS FILED WITH THE DIRECTOR OF
CAMPAIGN FINANCE OF THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND
ETHICS.".
SEC. 202. //D.C. CODE 1 - 1132.// (A) EACH CANDIDATE FOR OFFICE
SHALL DESIGNATE IN WRITING ONE POLITICAL COMMITTEE AS HIS PRINCIPAL
CAMPAIGN COMMITTEE. THE PRINCIPAL CAMPAIGN COMMITTEE SHALL RECEIVE ALL
REPORTS MADE BY ANY OTHER POLITICAL COMMITTEE ACCEPTING CONTRIBUTIONS OR
MAKING EXPENDITURES FOR THE PURPOSE OF INFLUENCING THE NOMINATION FOR
ELECTION, OR ELECTION, OF THE CANDIDATE WHO DESIGNATED IT AS HIS
PRINCIPAL CAMPAIGN COMMITTEE. THE PRINCIPAL COMMITTEE MAY REQUIRE
ADDITIONAL REPORTS TO BE MADE TO IT BY ANY SUCH POLITICAL COMMITTEE AND
MAY DESIGNATE THE TIME AND NUMBER OF ALL REPORTS. NO POLITICAL
COMMITTEE MAY BE DESIGNATED AS THE PRINCIPAL CAMPAIGN COMMITTEE OF MORE
THAN ONE CANDIDATE, EXCEPT A PRINCIPAL CAMPAIGN COMMITTEE SUPPORTING THE
NOMINATION OR ELECTION OF A CANDIDATE AS AN OFFICIAL OF A POLITICAL
PARTY MAY SUPPORT THE NOMINATION OR ELECTION OF MORE THAN ONE SUCH
CANDIDATE, BUT MAY NOT SUPPORT THE NOMINATION OR ELECTION OF A CANDIDATE
FOR ANY PUBLIC OFFICE.
(B) EACH STATEMENT (INCLUDING THE STATEMENT OF ORGANIZATION REQUIRED
UNDER SECTION (204) OR REPORT THAT A POLITICAL COMMITTEE IS REQUIRED TO
FILE WITH OR FURNISH TO THE DIRECTOR UNDER THE PROVISIONS OF THIS ACT
SHALL ALSO BE FURNISHED, IF THAT POLITICAL COMMITTEE IS NOT A PRINCIPAL
CAMPAIGN COMMITTEE, TO THE CAMPAIGN COMMITTEE IS ACCEPTING OR MAKING, OR
INTENDS TO ACCEPT OR MAKE, CONTRIBUTIONS, OR EXPENDITURES.
(C) THE TREASURER OF EACH POLITICAL COMMITTEE WHICH IS A PRINCIPAL
CAMPAIGN COMMITTEE, AND EACH CANDIDATE, SHALL RECEIVE ALL REPORTS AND
STATEMENTS FILED WITH OR FURNISHED TO IT OR HIM BY OTHER POLITICAL
COMMITTEES, CONSOLIDATE, AND FURNISH THE REPORTS AND STATEMENTS TO THE
DIRECTOR, TOGETHER WITH THE REPORTS AND STATEMENTS OF THE PRINCIPAL
CAMPAIGN COMMITTEE OF WHICH HE IS TREASURER OR WHICH WAS DESIGNATED BY
HIM, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND REGULATIONS
PRESCRIBED BY THE BOARD.
SEC. 203. //D.C. CODE 1 - 1133.// (A) EACH POLITICAL COMMITTEE, AND
EACH CANDIDATE ACCEPTING CONTRIBUTIONS OR MAKING EXPENDITURES, SHALL
DESIGNATE, IN THE REGISTRATION STATEMENT REQUIRED UNDER SECTION 204 OR
205, ONE NATIONAL BANK LOCATED IN THE DISTRICT OF COLUMBIA AS THE
CAMPAIGN DEPOSITORY OF THAT POLITICAL COMMITTEE OR CANDIDATE. EACH SUCH
COMMITTEE OR CANDIDATE SHALL MAINTAIN A CHECKING ACCOUNT AT SUCH
DEPOSITORY AND SHALL DEPOSIT ANY CONTRIBUTIONS RECEIVED BY THE COMMITTEE
OR CANDIDATE INTO THAT ACCOUNT. NO EXPENDITURES MAY BE MADE BY SUCH
COMMITTEE OR CANDIDATE EXCEPT BY CHECK DRAWN PAYABLE TO THE PERSON TO
WHOM THE EXPENDITURE IS BEING MADE ON THAT ACCOUNT, OTHER THAN PETTY
CASH EXPENDITURES AS PROVIDED IN SUBSECTION (B).
(B) A POLITICAL COMMITTEE OR CANDIDATE MAY MAINTAIN A PETTY CASH FUND
OUT OF WHICH MAY BE MADE EXPENDITURES NOT IN EXCESS OF $50 TO ANY PERSON
IN CONNECTION WITH A SINGLE PURCHASE OR TRANSACTION. A RECORD OF PETTY
CASH RECEIPTS AND DISBURSEMENTS SHALL BE KEPT IN ACCORDANCE WITH
REQUIREMENTS ESTABLISHED BY THE BOARD AND SUCH STATEMENTS AND REPORTS
THEREOF SHALL BE FURNISHED TO THE DIRECTOR AS IT MAY REQUIRE. PAYMENTS
MAY BE MADE INTO THE PETTY CASH FUND ONLY BY CHECK DRAWN ON THE CHECKING
ACCOUNT MAINTAINED AT THE CAMPAIGN DEPOSITORY OF SUCH POLITICAL
COMMITTEE OR CANDIDATE.
SEC. 204. //D.C. CODE 1 - 1134.// (A) EACH POLITICAL COMMITTEE SHALL
FILE WITH THE DIRECTOR A STATEMENT OF ORGANIZATION WITHIN TEN DAYS AFTER
ITS ORGANIZATION. EACH SUCH COMMITTEE IN EXISTENCE AT THE DATE OF
ENACTMENT OF THIS ACT SHALL FILE A STATEMENT OF ORGANIZATION WITH THE
DIRECTOR AT SUCH TIME AS THE DIRECTOR MAY PRESCRIBE---,
(B) THE STATEMENT OF ORGANIZATION SHALL INCLUDE---,
(1) THE NAME AND ADDRESS OF THE POLITICAL COMMITTEE;
(2) THE NAMES, ADDRESSES, AND RELATIONSHIPS OF AFFILIATED OR
CONNECTED ORGANIZATIONS;
(3) THE AREA, SCOPE, OR JURISDICTION OF THE POLITICAL
COMMITTEE;
(4) THE NAME, ADDRESS, AND POSITION OF THE CUSTODIAN OF BOOKS
AND ACCOUNTS;
(5) THE NAME, ADDRESS, AND POSITION OF OTHER PRINCIPAL
OFFICERS, INCLUDING OFFICERS AND MEMBERS OF THE FINANCE COMMITTEE,
IF ANY;
(6) THE NAME, ADDRESS, OFFICE SOUGHT, AND PARTY AFFILIATION OF
(A) EACH CANDIDATE WHOM THE COMMITTEE IS SUPPORTING, AND (B) ANY
OTHER INDIVIDUAL, IF ANY, WHOM THE COMMITTEE IS SUPPORTING FOR
NOMINATION FOR ELECTION OR ELECTION, TO ANY PUBLIC OFFICE
WHATEVER; OR, IF THE COMMITTEE IS SUPPORTING THE ENTIRE TICKET OF
ANY PARTY, THE NAME OF THE PARTY;
(7) A STATEMENT WHETHER THE POLITICAL COMMITTEE IS A CONTINUING
ONE;
(8) THE DISPOSITION OF RESIDUAL FUNDS WHICH WILL BE MADE IN THE
EVENT OF DISSOLUTION;
(9) THE NAME AND ADDRESS OF THE BANK DESIGNATED BY THE
COMMITTEE AS THE CAMPAIGN DEPOSITORY, TOGETHER WITH THE TITLE AND
NUMBER OF EACH ACCOUNT AND SAFETY DEPOSIT BOX USED BY THAT
COMMITTEE AT THE DEPOSITORY, AND THE IDENTIFICATION OF EACH
INDIVIDUAL AUTHORIZED TO MAKE WITHDRAWALS OR PAYMENTS OUT OF EACH
SUCH ACCOUNT OR BOX; AND
(10) SUCH OTHER INFORMATION AS SHALL BE REQUIRED BY THE
DIRECTOR.
(C) ANY CHANGE IN INFORMATION PREVIOUSLY SUBMITTED IN A STATEMENT OF
ORGANIZATION SHALL BE REPORTED TO THE DIRECTOR WITHIN THE TEN-DAY PERIOD
FOLLOWING THE CHANGE.
(D) ANY POLITICAL COMMITTEE WHICH, AFTER HAVING FILED ONE OR MORE
STATEMENTS OF ORGANIZATION, DISBANDS OR DETERMINES IT WILL NO LONGER
RECEIVE CONTRIBUTIONS OR MAKE EXPENDITURES DURING THE CALENDAR YEAR
SHALL SO NOTIFY THE DIRECTOR.
SEC. 205. //D.C. CODE 1 - 1135.// EACH INDIVIDUAL SHALL, WITHIN FIVE
DAYS OF BECOMING A CANDIDATE, OR WITHIN FIVE DAYS OF THE DAY ON WHICH
HE, OR ANY PERSON AUTHORIZED BY HIM (PURSUANT TO SECTION 401 (D)) TO DO
SO, HAS RECEIVED A CONTRIBUTION OR MADE AN EXPENDITURE IN CONNECTION
WITH HIS CAMPAIGN OR FOR THE PURPOSES OF PREPARING TO UNDERTAKE HIS
CAMPAIGN, FILE WITH THE DIRECTOR A REGISTRATION STATEMENT IN SUCH FORM
AS THE DIRECTOR MAY PRESCRIBE.
(B) IN ADDITION, CANDIDATES SHALL PROVIDE THE DIRECTOR THE NAME AND
ADDRESS OF THE CAMPAIGN DEPOSITORY DESIGNATED BY THAT CANDIDATE,
TOGETHER WITH THE TITLE AND NUMBER OF EACH ACCOUNT AND SAFETY DEPOSIT
BOX USED BY THAT CANDIDATE AT THE DEPOSITORY, AND THE IDENTIFICATION OF
EACH INDIVIDUAL AUTHORIZED TO MAKE WITHDRAWALS OR PAYMENTS OUT OF SUCH
ACCOUNT OR BOX, AND SUCH OTHER INFORMATION AS SHALL BE REQUIRED BY THE
DIRECTOR.
SEC. 206. //D.C. CODE 1 - 1136.// THE TREASURER OF EACH POLITICAL
COMMITTEE SUPPORTING A CANDIDATE, AND EACH CANDIDATE, REQUIRED TO
REGISTER UNDER THIS ACT, SHALL FILE WITH THE DIRECTOR, AND WITH THE
APPLICABLE PRINCIPAL CAMPAIGN COMMITTEE, REPORTS OF RECEIPTS AND
EXPENDITURES ON FORMS TO BE PRESCRIBED OR APPROVED BY THE DIRECTOR.
EXCEPT FOR THE FIRST SUCH REPORT WHICH SHALL BE FILED ON THE
TWENTY-FIRST DAY AFTER THE DATE OF ENACTMENT OF THIS ACT, SUCH REPORTS
SHALL BE FILED ON THE 10TH DAY OF MARCH, JUNE, AUGUST, OCTOBER, AND
DECEMBER IN EACH YEAR DURING WHICH THERE IS HELD AN ELECTION FOR THE
OFFICE SUCH CANDIDATE IS SEEKING, AND ON THE FIFTEENTH AND FIFTH DAYS
NEXT PRECEDING THE DATE ON WHICH SUCH ELECTION IS HELD, AND ALSO BY THE
31ST DAY OF JANUARY OF EACH YEAR. IN ADDITION SUCH REPORTS SHALL BE
FILED ON THE 31ST DAY OF JULY OF EACH YEAR IN WHICH THERE IS NO SUCH
ELECTION. SUCH REPORTS SHALL BE COMPLETE AS OF SUCH DATE AS THE
DIRECTOR MAY PRESCRIBE, WHICH SHALL NOT BE MORE THAN FIVE DAYS BEFORE
THE DATE OF FILING, EXCEPT THAT ANY CONTRIBUTION OF $200 OR MORE
RECEIVED AFTER THE CLOSING DATE PRESCRIBED BY THE DIRECTOR FOR THE LAST
REPORT REQUIRED TO BE FILED PRIOR TO THE ELECTION SHALL BE REPORTED
WITHIN TWENTY-FOUR HOURS AFTER ITS RECEIPT.
(B) EACH REPORT UNDER THIS SECTION SHALL DISCLOSE---
(1) THE AMOUNT OF CASH ON HAND AT THE BEGINNING OF THE
REPORTING PERIOD;
(2) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EACH PERSON WHO
HAS MADE ONE OR MORE CONTRIBUTIONS TO OR FOR SUCH COMMITTEE OR
CANDIDATE (INCLUDING THE PURCHASE OF TICKETS FOR EVENTS SUCH AS
DINNERS, LUNCHEONS, RALLIES, AND SIMILAR FUNDRAISING EVENTS)
WITHIN THE CALENDAR YEAR IN AN AGGREGATE AMOUNT OR VALUE IN EXCESS
OF $50 OR MORE, TOGETHER WITH THE AMOUNT AND DATE OF SUCH
CONTRIBUTIONS;
(3) THE TOTAL SUM OF INDIVIDUAL CONTRIBUTIONS MADE TO OR FOR
SUCH COMMITTEE OR CANDIDATE DURING THE REPORTING PERIOD AND NOT
REPORTED UNDER PARAGRAPH (2);
(4) THE NAME AND ADDRESS OF EACH POLITICAL COMMITTEE OR
CANDIDATE FROM WHICH THE REPORTING COMMITTEE OR THE CANDIDATE
RECEIVED, OR TO WHICH THAT COMMITTEE OR CANDIDATE MADE, ANY
TRANSFER OF FUNDS, TOGETHER WITH THE AMOUNTS AND DATES OF ALL
TRANSFERS;
(5) EACH LOAN TO OR FROM ANY PERSON WITHIN THE CALENDAR YEAR IN
AN AGGREGRATE AMOUNT OR VALUES OF $50 OR MORE, TOGETHER WITH THE
FULL NAMES AND MAILING ADDRESSES (INCLUDING THE OCCUPATION AND THE
PRINCIPAL PLACE OF BUSINESS, IF ANY) OF THE LENDER AND ENDORSERS,
IF ANY, AND THE DATE AND AMOUNT OF SUCH LOANS;
(6) THE NET AMOUNT OF PROCEEDS FROM (A) THE SALE OF TICKETS TO
EACH DINNER, LUNCHEON, RALLY, AND OTHER FUNDRAISING EVENTS
ORGANIZED BY SUCH COMMITTEE; (B) MASS COLLECTIONS MADE AT SUCH
EVENTS; AND (C) SALES BY SUCH COMMITTEE OF ITEMS SUCH AS
POLITICAL CAMPAIGN PINS, BUTTONS, BADGES, FLAGS, EMBLEMS, HATS,
BANNERS, LITERATURE, AND SIMILAR MATERIALS;
(7) EACH CONTRIBUTION, REBATE, REFUND, OR OTHER RECEIPT OF $50
OR MORE NOT OTHERWISE LISTED UNDER PARAGRAPHS (2) THROUGH (6);
(8) THE TOTAL SUM OF ALL RECEIPTS BY OR FOR SUCH COMMITTEE OR
CANDIDATE DURING THE REPORTING PERIOD;
(9) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EACH PERSONP TO
WHOM EXPENDITURES HAVE BEEN MADE BY SUCH COMMITTEE OR ON BEHALF OF
SUCH COMMITTEE OR CANDIDATE WITHIN THE CALENDAR YEAR IN AN
AGGREGATE AMOUNT OR VALUE OF $10 OR MORE, THE AMOUNT, DATE, AND
PURPOSE OF EACH SUCH EXPENDITURE AND THE NAME AND ADDRESS OF, AND
OFFICE SOUGHT BY, EACH CANDIDATE ON WHOSE BEHALF SUCH EXPENDITURE
WAS MADE;
(10) THE TOTAL SUM OF EXPENDITURES MADE BY SUCH COMMITTEE OR
CANDIDATE DURING THE CALENDAR YEAR;
(11) THE AMOUNT AND NATURE OF DEBTS AND OBLIGATIONS OWED BY OR
TO THE COMMITTEE, IN SUCH FORM AS THE DIRECTOR MAY PRESCRIBE AND A
CONTINUOUS REPORTING OF ITS DEBTS AND OBLIGATIONS AFTER THE
ELECTION AT SUCH PERIODS AS THE DIRECTOR MAY REQUIRE UNTIL SUCH
DEBTS AND OBLIGATIONS ARE EXTINGUISHED; AND
(12) SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE DIRECTOR.
(C) THE REPORTS TO BE FILED UNDER SUBSECTION (A) SHALL BE CUMULATIVE
DURING THE CALENDAR YEAR TO WHICH THEY RELATE, BUT WHERE THERE HAS BEEN
NO CHANGE IN AN ITME REPORTED IN A PREVIOUS REPORT DURING SUCH YEAR,
ONLY THE UNCHANGED AMOUNT NEED BE CARRIED FORWARD. IT NO CONTRIBUTIONS
OR EXPENDITURES HAVE BEEN ACCEPTED OR EXPENDED DURING A CALENDAR YEAR,
THE TREASURER OF THE POLITICAL COMMITTEE OR CANDIDATE SHALL FILE A
STATEMENT TO THAT EFFECT.
(D) EACH TREASURER OF A POLITICAL COMMITTEE, EACH CANDIDATE FOR
ELECTION TO OFFICE, AND EACH TREASURER APPOINTED BY A CANDIDATE, SHALL
FILE WITH THE DIRECOTR WEEKLY REPORTS OF SUCH CONTRIBUTIONS ON FORMS TO
BE PRESCRIBED OR APPROVED BY THE DIRECTOR.
SEC. 207. //D.C. CODE 1 - 1137.// EVERY PERSON (OTHER THAN A
POLITICAL COMMITTEE OR CANDIDATE) WHO MAKES CONTRIBUTIONS OR
EXCPENDITURES, OTHER THAN BY CONTRIBUTION TO A POLITICAL COMMITTEE OR
CANDIDATE, IN AN AGGREGATE AMOUNT OF $50 OR MORE WITHIN A CALENDAR YEAR
SHALL FILE WITH THE DIRECTOR A STATEMENT CONTAINING THE INFORMATION
REQUIRED BY SECTION 206. STATEMENTS REQUIRED BY THIS SECTION SHALL BE
FILED ON THE DATES ON WHICH REPORTS BY POLITICAL COMMITTEES ARE FILED,
BUT NEED NOT BE CUMULATIVE.
SEC. 208. //D.C. CODE 1 - 1138.// (A) A REPORT OR STATEMENT REQUIRED
BY THIS TITLE TO BE FILED BY A TREASURER OF A POLITICAL COMMITTEE, A
CANDIDATE, OR BY ANY OTHER PERSON, SHALL BE VERIFIED BY THE OATH OR
AFFIRMATION OF THE PERSON FILING SUCH REPORT OR STATEMENT, TAKEN BEFORE
ANY OFFICER AUTHORIZED TO ADMINISTER OATHS.
(B) A COPY OF REPORT OR STATEMENT SHALL BE PRESERVED BY THE PERSON
FILING IT FOR A PERIOD TO BE DESIGNATED BY THE BOARD IN A PUBLISHED
REGULATION.
(C) THE BOARD, SHALL, BY PUBLISHED REGULATIONS OF GENERAL
APPLICABILITY, PRESCRIBE THE MANNER IN WHICH CONTRIBUTIONS AND
EXPENDITURES IN THE NATURE OF DEBTS AND OTHER CONTRACTS, AGREEMENTS, AND
PROMISES TO MAKE CONTRIBUTIONS OR EXPENDITURES SHALL BE REPORTED. SUCH
REGULATIONS SHALL PROVIDE THAT THEY BE REPORTED IN SEPARATE SCHEDULES.
IN DETERMINING AGGREGATE AMOUNTS OF CONTRIBUTIONS AND EXPENDITURES,
AMOUNTS REPORTED AS PROVIDED IN SUCH REGULATIONS SHALL NOT BE CONSIDERED
UNTIL ACTUAL PAYMENTS IS MADE.
SEC. 209. //D.C. CODE 1 - 1139.// EXCEPT FOR THE PROVISIONS OF
SUBSECTIONS (C) AND (D) OF SECTION 201, AND SUBSECTION (A) OF SECTION
205, THE PROVISIONS OF THIS TITLE SHALL NOT APPLY TO ANY CANDIDATE WHO
ANTICIPATES SPENDING OR SPENDS LESS THAN $250 IN ANY ONE ELECTION AND
WHO HAS NOT DESIGNATED A PRINCIPAL CAMPAIGN COMMITTEE. ON THE FIFTEENTH
DAY PRIOR TO THE DATE OF THE ELECTION IN WHICH SUCH CANDIDATE IS
ENTERED, AND ON THE THIRTIETH DAY AFTER THE DATE OF SUCH ELECTION, SUCH
CANDIDATE SHALL CERTIFY TO THE DIRECTOR THAT HE HAS NOT SPENT MORE THAN
$250 IN SUCH ELECTION.
SEC. 210. //D.C. CODE 1 - 1140.// ALL NEWSPAPER OR MAGAZINE
ADVERTISING, POSTERS, CIRCULARS, BILLBOARDS, HANDBILLS, BUMPER STICKERS,
SAMPLE BALLOTS, AND OTHER PRINTED MATTER WITH REFERENCE TO OR INTENDED
FOR THE SUPPORT OR DEFEAT OF A CANDIDATE OR GROUP OF CANDIDATES FOR
NOMINATION OR ELECTION TO ANY PUBLIC OFFICE SHALL BE IDENTIFIED BY THE
WORDS "PAID FOR BY" FOLLOWED BY THE NAME AND ADDRESS OF THE PAYER OF THE
COMMITTEE OR OTHER PERSON AND ITS TREASURER ON WHOSE BEHALF THE MATERIAL
APPEARS.
SEC. 211. //D.C. CODE 1 - 1141.// NOTHING IN THIS TITLE SHALL BE
CONSTRUED AS CREATING OR LIMITING IN ANY WAY THE LIABILITY OF ANY PERSON
UNDER EXISTING LAW FOR ANY FINANCIAL OBLIGATION INCURRED BY A POLITICAL
COMMITTEE OR CANDIDATE.
SEC. 301. //D.C. CODE 1 - 1151.// (A) THERE IS ESTABLISHED WITHIN
THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS THE OFFICE OF
DIRECTOR OF CAMPAIGN FIANCE (HEREINAFTER IN THIS ACT REFERRED TO AS THE
"DIRECTOR"). THE COMMISSIONER OF THE DISTRICT OF COLUMBIA SHALL
APPOINT, BY AND WITH THE ADVISE AND CONSENT OF THE SENATE, THE DIRECTOR,
EXCEPT THAT AN AND AFTER JANUARY 2, 1975, ANY VACANCY IN THE OFFICE OF
DIRECTOR SHALL BE FILLED BY APPOINTMENT BY THE MAYOR, WITH THE ADVICE
AND CONSENT OF THE COUNCIL. SUCH APPOINTMENTS SHALL BE MADE WITHOUT
REGARD TO THE PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE, //80
STAT. 378, 5 USC 101 ET SEQ.// GOVERNING APPOINTMENTS IN THE COMPETITIVE
SERVICE. THE DIRECTOR SHALL BE ENTITLED TO RECEIVE COMPENSATION AT THE
MAXIMUM RATE AS MAY BE ESTABLISHED FROM TIME TO TIME FOR GRADE 16 OF THE
GENERAL SCHEDULE IN SECTION 5332 OF TITLE 5 OF THE UNITED STATES CODE,
//5 USC 5332 NOTE.// AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATIVE
OPERATIONS OF THE BOARD PERTAINING TO THIS ACT AND SHALL PERFORM SUCH
OTHER DUTIES AS MAY BE DELEGATED OR ASSIGNED TO HIM FROM TIME TO TIME BY
REGULATIONS OR ORDERS OF THE BOARD. HOWEVER, THE BOARD SHALL NOT
DELEGATE TO THE DIRECTOR THE MAKING OF REGULATIONS REGARDING ELECTIONS.
(B) THE BOARD MAY APPOINT A GENERAL COUNSEL WITHOUT REGARD TO THE
PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE, //80 STAT. 378, 5 USC
101 ET SEQ.// GOVERNING APPOINTMENTS IN THE COMPETITIVE SERVICE, TO
SERVE AT THE PLEASURE OF THE BOARD. THE GENERAL COUNSEL SHALL BE
ENTITLED TO RECEIVE COMPENSATION AT THE SAME RATE AS THE DIRECTOR OF THE
BOARD AND SHALL BE RESPONSIBLE SOLELY TO THE BOARD. THE GENERAL COUNSEL
SHALL PERFORM SUCH DUTIES AS MAY BE DELEGATED OR ASSIGNED TO HIM FROM
TIME TO TIME BY REGULATION OR ORDER OF THE BOARD.
(C) IN ANY APPROPRIATE CASE WHERE THE BOARD UPON ITS OWN MOTION OR
UPON RECOMMENDATION OF THE DIRECTOR MAKES A FINDING OF AN APPARENT
VIOLATION OF THIS ACT, IT SHALL REFER SUCH CASE TO THE UNITED STATES
ATTORNEY FOR THE DISTRICT OF COLUMBIA FOR PROSECUTION, AND SHALL MAKE
PUBLIC THE FACT OF SUCH REFERRAL AND THE BASIS FOR SUCH FINDING. IN
ADDITION, THE BOARD, THROUGH ITS GENERAL COUNSEL, SHALL INITIATE,
MAINTAIN, DEFEND, OR APPEAL ANY CIVIL ACTION (IN THE NAME OF THE BOARD)
RELATING TO THE ENFORCEMENT OF THE PROVISIONS OF THIS ACT. THE BOARD
MAY, THROUGH ITS GENERAL COUNSEL, PETITION THE COURTS OF THE DISTRICT OF
COLUMBIA FOR DECLARATORY OR INJUNCTIVE RELIEF CONCERNING ANY ACTION
COVERED BY THE PROVISIONS OF THIS ACT.
SEC. 302. //D.C. CODE 1 - 1152.// THE DIRECTOR, UNDER REGULATIONS OF
GENERAL APPLICABILITY APPROVED BY THE BOARD, SHALL HAVE THE POWER---
(1) TO REQUIRE ANY PERSON TO SUBMIT IN WRITING SUCH REPORTS AND
ANSWERS TO QUESTIONS AS THE DIRECTOR MAY PRESCRIBE RELATING TO THE
ADMINISTRATION AND ENFORCEMENT OF THIS ACT; AND SUCH SUBMISSION
SHALL BE MADE WITHIN SUCH REASONABLE PERIOD AND UNDER OATH OR
OTHERWISE AS THE DIRECTOR MAY DETERMINE;
(2) TO ADMINISTER OATHS;
(3) TO REQUIRE BY SUBPENA THE ATTENDANCE AND TESTIMONY OF
WITNESSES AND THE PRODUCTION OF ALL DOCUMENTARY EVIDENCE RELATING
TO THE EXECUTION OF ITS DUTIES;
(4) IN ANY PROCEEDING OR INVESTIGATION TO ORDER TESTIMONY TO BE
TAKEN BY DEPOSITION BEFORE ANY PESON WHO IS DESIGNATED BY THE
DIRECTOR AND HAS THE POWER TO ADMINISTER OATHS AND, IN SUCH
INSTANCES, TO COMPEL TESTIMONY AND THE PRODUCTION OF EVIDENCE IN
THE SAME MANNER AS AUTHORIZED UNDER PARAGRAPH (3) OF THIS
SUBSECTION;
(5) TO PAY WITNESSES THE SAME FEES AND MILEAGE AS ARE PAID IN
LIKE CIRCUMSTANCES IN THE SUPERIOR COURT OF THE DISTRICT OF
COLUMIBA; AND
(6) TO ACCEPT GIFTS AND VOLUNTARY AND UNCOMPENSATED
SERVICES.
SUBPENAS ISSUED UNDER THIS SECTION SHALL BE ISSUED BY THE DIRECTOR UPON
THE APPROVAL OF THE BOARD.
(B) THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA MAY, UPON PETITION
BY THE BOARD, IN CASE OF REFUSAL TO OBEY A SUBPENA OR ODER OF THE BOARD
ISSUED UNDER SUBSECTION (A) OF THIS SECTION, ISSUE AN ORDER REQUIRING
COMPLIANCE THEREWITH; AND ANY FAILURE TO OBEY THE ORDER OF THE COURT
MAY BE PUNISHED BY THE COURT AS A CONTEMPT THEREOF.
SEC. 303. //D.C. CODE 1 - 1153.// THE DIRECTOR SHALL---,
(1) DEVELOP AND FURNISH (UPON REQUEST) PRESCRIBED FORMS FOR THE
MAKING OF THE REPORTS AND STATEMENTS REQUIRED TO BE FILED WITH HIM
UNDER THIS ACT;
(2) DEVELOP A FILING, CODING, AND CROSS-INDEXING SYSTEM
CONSONANT WITH THE PURPOSE OF THIS ACT;
(3) MAKE THE REPORTS AND STATEMENTS FILED WITH HIM AVAILABLE
FOR PUBLIC INSPECTION AND COPYING, COMMENCING AS SOON AS
PRACTICABLE BUT NOT LATER THAN THE END OF THE SECOND DAY FOLLOWING
THE DAY DURING WHICH IT WAS RECEIVED, AND TO PERMIT AND FACILITATE
COPYING OF ANY SUCH REPORT OR STATEMENT BY HAND AND BY DUPLICATING
MACHINE, AS REQUESTED BY ANY PERSON, AT REASONABLE COST TO SUCH
PERSON, EXCEPT ANY INFORMATION COPIED FROM SUCH REPORTS AND
STATEMENTS SHALL NOT BE SOLD OR UTLIZED BY ANY PERSON FOR THE
PURPOSE OF SOLICITING CONTRIBUTIONS OR FOR ANY COMMERCIAL PURPOSE;
(4) PRESERVE SUCH REPORTS AND STATEMNTS FOR A PERIOD OF TEN
YEARS FROM DATE OF RECEIPT;
(5) COMPILE AND MAINTAIN A CURRENT LIST OF ALL STATEMENTS OR
PARTS OF STATEMENTS ON FILE PERTAINING TO EACH CANDIDATE;
(6) PREPARE AND PUBLISH SUCH OTHER REPORTS AS HE MAY DEEM
APPROPRIATE;
(7) ASSURE DISSEMINATION OF STATISTICS, SUMMARIES, AND REPORTS
PREPARED UNDER THIS TITLE;
(8) MAKE FROM TIME TO TIME ADUITS AND FIELD INVESTIGATIONS WITH
RESPECT TO REPORTS AND STATEMENTS FILED UNDER THE PROVISIONS OF
THIS TITLE, AND WITH RESPECT TO ALLEGED FAILURES TO FILE ANY
REPORTS OR STATEMENT REQUIRED UNDER THE PROVISIONS OF THIS TITLE;
AND
(9) PERFORM SUCH OTHER DUTIES AS THE BOARD MAY REQUIRE.
SEC. 304. //D.C. CODE 1 - 1155.// (A) EFFECTIVE JANUARY 2, 1975,
THERE IS ESTABLISHED WITHIN THE GOVERNMENT OF THE DISTRICT OF COLUMBIA A
COMMITTEE TO BE KNOWN AS THE "DISTRICT OF COLUMBIA BOARD OF ELECTIONS
AND ETHICS NOMINATING COMMITTEE" (HEREINAFTER IN THIS ACT REFERRED TO AS
THE "COMMITTEE"). THE COMMITTEE SHALL HAVE THE FUNCTION OF NOMINATING
INDIVIDUALS FOR APPOINTMENTS AS MEMBERS OF THE DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS FOR ANY AND ALL VACANCIES OCCURRING ON
SUCH BOARD ON OR AFTER THE DATE ON WHICH A MAJORITY OF THE MEMBERS FIRST
APPOINTED PURSUANT TO THIS SECTION HOLD THEIR FIRST MEETING AS MEMBERS
OF THE COMMITTEE. SUCH NOMINATIONS SHALL BE MADE BY THE COMMITTEE IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE COMMITTEE SHALL
CONSIST OF FIVE MEMBERS. WITHIN TEN DAYS FOLLOWING THE DATE ON WHICH A
MAJORITY OF THE MEMBERS ARE FIRST APPOINTED PURSUANT TO THIS SECTION,
SUCH MEMBERS SO APPOINTED SHALL HOLD THEIR FIRST MEETING AS MEMBERS OF
THE COMMITTEE.
(B) (1) TWO MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE MAYOR,
AT LEAST ONE OF WHOM SHALL BE A LAWYER.
(2) THREE MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE CHAIRMAN
OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, WITH THE APPROVAL OF THE
COUNCIL.
(C) MEMBERS OF THE COMMITTEE SHALL SERVE FOR TERMS OF FIVE YEARS,
EXCEPT THAT OF THE MEMBERS FIRST APPOINTED PURSUANT TO SUBSECTION (B)
(1), ONE SHALL SERVE FOR ONE YAR AND ONE FOR FIVE YEARS, AS DESIGNATED
AT THE TIME OF APPOINTMENT, AND MEMBERS APPOINTED PURSUANT TO SUBSECTION
(B) (2), ONE SHALL SERVE FOR TWO YEARS, ONE FOR THREE YEARS, AND ONE FOR
FOUR YEARS, AS DESIGNATED AT THE TIME OF APPOINTMENT.
(D) (1) NO INDIVIDUAL MAY BE APPOINTED AS A MEMBER OF THE COMMITTEE
UNLESS HE OR SHE---
(A) IS A CITIZEN OF THE UNITED STATES, AND
(B) IS A RESIDENT OF THE DISTRICT OF COLUMBIA AND HAS
MAINTAINED HIS OR HER DOMICILE WITHIN THE DISTRICT FOR AT LEAST
ONE YEAR IMMEDIATELY PRECEDING THE DATE OF HIS OR HER APPOINTMENT,
AND
(C) IS NOT A MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMBIA
OR AN OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE DISTRICT OF
COLUMBIA (INCLUDING THE JUDICIAL BRANCH).
(2) ANY VACANCY IN THE MEMBERSHIP OF THE COMMITTEE SHALL BE FILLED IN
THE SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT WAS MADE. ANY
INDIVIDUAL APPOINTED TO FILL A VACANCY, OCCURRING OTHER THAN UPON THE
EXPIRATION OF A TERM, SHALL SERVE ONLY FOR THE REMAINDER OF THE TERM OF
SUCH INDIVIDUAL'S PREDECESSOR.
(E) MEMBERS OF THE COMMITTEE SHALL BE PAID FOR EACH DAY SPENT
PERFORMING THEIR DUTIES AS MEMBERS OF THE COMMITTEE AT A RATE WHICH IS
EQUAL TO THE DAILY EQUIVALENT OF THE RATE PROVIDED BY STEP 1 OF GRADE 17
OF THE GENERAL SCHEDULE UNDER SECTION 5332 OF TITLE 5, UNITED STATES
CODE. //5 USC 5332 NOTE.//
(F) (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (A) OF THIS
SECTION, THE COMMITTEE SHALL ACT ONLY AT MEETINGS CALLED BY THE CHAIRMAN
OR A MAJORITY OF THE MEMBERS THEREOF AND ONLY AFTER NOTICE HAS BEEN
GIVEN OF SUCH MEETING TO ALL MEMBERS OF THE COMMITTEE.
(2) THE COMMITTEE SHALL CHOOSE ANNUALLY FORM AMONG ITS MEMBERS A
CHAIRMAN AND SUCH OTHER OFFICERS AS IT DEEMS NECESSARY. THE COMMITTEE
MAY ADOPT SUCH RULES OF PROCEDURE AS MAY BE NECESSARY TO GOVERN THE
BUSINESS OF THE COMMITTEE.
(3) EACH AGENCY OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL
FURNISH TO THE COMMITTEE, UPON REQUEST, SUCH RECORDS, INFORMATION,
SERVICES, AND SUCH OTHER ASSISTANCE AND FACILITIES AS MAY BE NECESSARY
TO ENABLE THE COMMITTEE TO PERFORM ITS FUNCTION PROPERLY. ANY
INFORMATION FURNISHED TO THE COMMITTEE DESIGNATED "CONFIDENTIAL" BY THE
PERSON FURNISHING IT TO THE COMMITTEE SHALL BE TREATED BY THE COMMITTEE
AS PRIVILEGED AND CONFIDENTIAL.
(G) (1) IN THE EVENT OF ANY SUCH VACANCY IN THE DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS, THE COMMITTEE SHALL, WITHIN THIRTY DAYS
AFTER SUCH VACANCY OCCURS, SUBMIT A LIST OF THREE PERSONS AS NOMINEES
FOR APPOINTMENT BY THE MAYOR TO FILL THE VACANCY. IF MORE THAN ONE SUCH
VACANCY EXITS AT THE SAME TIME, THE COMMITTEE SHALL SUBMIT A SEPARATE
LIST OF NOMINEES FOR APPOINTMENT TO FILL EACH SUCH VACANCY, AND NO
INDIVIDUAL'S NAME SHALL APPEAR ON MORE THAN ONE SUCH LIST. IN FILLING
SUCH VACANCY, THE MAYOR MAY APPOINT MORE THAN ONE INDIVIDUAL FROM ANY
LIST CURRENTLY BEFORE THE MAYOR. IN ANY CASE IN WHICH, AFTER THE
EXPIRATION OF THE THIRTY-DAY PERIOD FOLLOWING THE DATE ON WHICH A
MAJORITY OF THE MEMBERS OF THE COMMITTEE FIRST MEEET AS PROVIDED IN
SUBSECTION (A), A VACANCY IS SCHEDULED TO OCCUR, BY REASON OF THE
EXPIRATION OF A TERM OFFICE, THE COMMITTEE'S LIST OF NOMINEES FOR
APPOINTMENT TO FILL THAT VACANCY SHALL BE SUBMITTED TO THE MAYOR NOT
LESS THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THAT TERM.
(2) IF THE MAYOR FAILS TO SUBMIT FOR COUNCIL APPROVAL THE NAME OF ONE
OF THE INDIVIDUALS ON A LIST SUBMITTED TO THE MAYOR UNDER THIS SECTION
WITHIN THIRTY DAYS AFTER RECEIVING SUCH LIST, THE COMMITTEE SHALL
APPOINT, WITH THE APPROVAL OF THE COUNCIL, AN INDIVIDUAL NAMED ON THE
LIST TO FILL THE VACANCY FOR WHICH SUCH LIST OF NOMINEES WAS PREPARED.
(3) ANY INDIVIDUAL WHOSE NAME IS SUBMITTED BY THE COMMITTEE AS A
NOMINEE FOR APPOINTMENT TO THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS
AND ETHICS MAY REQUEST THAT THE NOMINATION OF SUCH INDIVIDUAL BE
WITHDRAWN. IF ANY SUCH INDIVIDUAL REQUESTS THAT HIS OR HER NOMINATION
BE WITHDRAWN, DIES, OR BECOMES DISQUALIFIED TO SERVE AS A MEMBER OF THE
BOARD, THE COMMITTEE SHALL PROMPTLY NOMINATE ON THE LIST SUBMITTED TO
THE MAYOR.
(H) MEMBERS OF THE COMMITTEE SHALL BE APPOINTED AS SOON AS
PRACTICABLE, BUT IN NO EVENT LATER THAN JUNE 30, 1975.
SEC. 306. //D.C. CODE 1 - 1156.// (A) ON AND AFTER THE DATE OF THE
ENACTMENT OF THIS ACT, THE BOARD OF ELECTIONS OF THIS DISTRICT OF
COLUMIBA ESTABLISHED UNDER THE DISTRICT OF COLUMBIA ELECTION ACT (D.C.
CODE, SEC. 1 - 1101 ET SEQ.), //69 STAT. 699; 87 STAT. 832.// SHALL BE
KNOWN AS THE "DISTRICT OF COLUMIBA BOARD OF ELECTIONS AND ETHICS" AND
SHALL HAVE THE POWERS, DUTIES, AND FUNCTIONS AS PROVIDED IN SUCH ACT, IN
ANY OTHER LAW IN EFFECT ON THE DATE IMMEDIATELY PRECEDING THE DATE OF
THE ENACTMENT OF THIS ACT, AND IN THIS ACT. ANY REFERENCE IN ANY LAW OR
REGULATION TO THE BOARD OF ELECTIONS FOR THE DISTRICT OF COLUMBIA OR THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS SHALL, ON AND AFTER THE DATE OF
THE ENACTMENT OF THIS ACT, BE HELD AND CONSIDERED TO REFER TO THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS.
(B) (1) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ACT OR OF THE
DISTRICT OF COLUMBIA ELECTION ACT MAY BE ASSESSED A CIVIL PENALTY BY THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS UNDER PARAGRAPH (2)
OF THIS SUBSECTION OF NOT MORE THAN $50 FOR EACH SUCH VIOLATION. EACH
OCCURRENCE OF A VIOLATION OF THIS ACT AND EACH DAY OF NONCOMPLIANCE WITH
A DISCLOSURE REQUIREMENT OF THIS ACT OR AN ORDER OF THE BOARD SHALL
CONSTITUTE A SEPARATE OFFENSE.
(2) A CIVIL PENALTY SHALL BE ASSESSED BY THE BOARD BY ORDER ONLY
AFTER THE PERSON CHARGED WITH A VIOLATION HAS BEEN GIVEN AN OPPORTUNITY
FOR A HEARING, AND THE BOARD HAS DETERMINED, BY DECISION INCORPORATING
ITS FINDINGS OF FACTS THEREIN, THAT A VIOLATION DID OCCUR, AND THE
AMOUNT OF THE PENALTY. ANY HEARING UNDER THIS SECTION SHALL BE OF
RECORD AND SHALL BE HELD IN ACCORDANCE WITH CHAPTER 5 OF TITLE 5, UNITED
STATES CODE. //80 STAT. 380; 81 STAT. 195, 5 USC 500.//
(3) IF THE PERSON AGAINST WHOM A CIVIL PENALTY IS ASSESSED FAILS TO
PAY THE PENALTY, THE BOARD SHALL FILE A PETITION FOR ENFORCEMENT OF ITS
ORDER ASSESSING THE PENALTY IN THE SUPERIOR COURT OF THE DISTRICT OF
COLUMBIA. THE PETITION SHALL DESIGNATE THE PERSON AGAINST WHOM THE
ORDER IS SOUGHT TO BE ENFORCED AS THE RESPONDENT. A COPY OF THE
PETITION SHALL BE FORTHWITH SENT BY REGISTERED OR CERTIFIED MAIL TO THE
RESPONDENT AND HIS ATTORNEY OF RECORD, AND IF THE RESPONDENT IS A
POLITICAL COMMITTEE, TO THE CHAIRMAN THEREOF, AND THEREUPON THE BOARD
SHALL CERTIFY AND FILE IN SUCH COURT THE RECORD UPON WHICH SUCH ORDER
SOUGHT TO BE ENFORCED WAS ISSUED. THE COURT SHALL HAVE JURISIDICTION TO
ENTER A JUDGMENT ENFORCING, MODIFYING, AND ENFORCING AS SO MODIFIED, OR
SETTING ASIDE IN WHOLE OR IN PART THE ORDER AND THE DECISION OF THE
BOARD OR IT MAY REMAND THE PROCEEDINGS TO THE BOARD FOR SUCH FURTHER
ACTION AS IT MAY DIRECT. THE COURT MAY DETERMINE DE NOVO ALL ISSUES OF
LAW BUT THE BOARD'S FINDINGS OF FACT, IF SUPPORTED BY SUBSTANTIAL
EVIDENCE, SHALL BE CONCLUSIVE.
(C) UPON APPLICATION MADE BY ANY INDIVIDUAL HOLDING PUBLIC OFFICE,
ANY CANDIDATE, OR ANY POLITICAL COMMITTEE, THE BOARD, THROUGH ITS
GENERAL COUNSEL, SHALL PROVIDE WITHIN A REASONABLE PERIOD OF TIME AN
ADVISORY OPINION, WITH RESPECT TO ANY SPECIFIC TRANSACTION OR ACTIVITY
INQUIRED OF, AS TO WHETHER SUCH TRANSACTION OR ACTIVITY WOULD CONSTITUTE
A VIOLATION OF ANY PROVISION OF THIS ACT OR ANY PROVISION OF THE
DISTRICT OF COLUMBIA ELECTION ACT OVER WHICH THE BOARD HAS PRIMARY
JURISDICTION.
SEC. 401. //D.C. CODE 1 - 1161.// (A) NO INDIVIDUAL SHALL MAKE ANY
CONTRIBUTION WHICH, AND NO PERSON SHALL RECEIVE ANY CONTRIBUTION FROM
ANY INDIVIDUAL WHICH WHEN AGGREGATED WITH ALL OTHER CONTRIBUTIONS
RECEIVED FROM THAT INDIVIDUAL, RELATING TO A CAMPAIGN FOR NOMINATION AS
A CANDIDATE FOR ELECTION TO PUBLIC OFFICE, INCLUDING BOTH THE PRIMARY
AND GENERAL OR SPECIAL ELECTIONS, EXCEEDS---
(1) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MAYOR, $1,000;
(2) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
CHAIRMAN OF THE COUNCIL, $750;
(3) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE COUNCIL ELECTED AT LARGE, $500;
(4) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED AT LARGE OR FOR MEMBER OF
THE COUNCIL ELECTED FROM A WARD, $200, AND IN THE CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $200;
(5) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED FROM A WARD OR FOR
OFFICIAL OF A POLITICAL PARTY, $100, AND IN CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $100; AND
(6) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
A MEMBER OF AN ADVISORY NEIGHBORHOOD COUNCIL, $25.
(B) NO PERSON (OTHER THAN AN INDIVIDUAL WITH RESPECT TO WHOM
SUBSECTION (A) APPLIES) SHALL MAKE ANY CONTRIBUTION WHICH, AND NO PERSON
SHALL RECEIVE ANY CONTRIBUTION FROM ANY PERSON (OTHER THAN SUCH AN
INDIVIDUAL) WHICH WHEN AGGREGATED WITH ALL OTHER CONTRIBUTIONS RECEIVED
FROM THAT PERSON, RELATING TO A CAMPAIGN FOR NOMINATION AS A CANDIDATE
OR ELECTION TO PUBLIC OFFICE, INCLUDING BOTH THE PRIMARY AND GENERAL OR
SPECIAL ELECTIONS, EXCEEDS---
(1) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MAYOR, $2,000;
(2) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
CHAIRMAN OF THE COUNCIL, $1,500;
(3) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE COUNCIL ELECTED AT LARGE, $1,000;
(4) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED AT LARGE OR FOR MEMBER OF
THE COUNCIL ELECTED FROM A WARD $400, AND IN THE CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $400;
(5) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED FROM A WARD OR FOR
OFFICIAL OF A POLITICAL PARTY, $200, AND IN THE CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $200; AND
(6) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
A MEMBER OF AN ADVISORY NEIGHBORHOOD COUNCIL, $25.
FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "PERSON" SHALL INCLUDE A
CANDIDATE MAKING CONTRIBUTIONS RELATING TO HIS CANDIDACY FOR NOMINATION
FOR ELECTION, OR ELECTION, TO OFFICE. NOWITHSTANDING THE PRECEDING
PROVISIONS OF THIS SUBSECTION, A CANDIDATE FOR MEMBER OF THE COUNCIL
ELECTED FROM A WARD MAY CONTRIBUTE $1,000 TO HIS OWN CAMPAIGN. THE
PROVISIONS OF THIS SUBSECTION TO THE EXTENT THAT SUCH PROVISIONS ARE
APPLICABLE TO CORPORATIONS AND UNIONS HSALL, TO THAT EXTENT, EXPIRE AS
OF JULY 1, 1975, UNLESS THE COUNCIL OF THE DISTRICT OF COLUMBIA ON OR
BEFORE SUCH DATE ENACTS LEGISLATION REPEALING OR MODIFYING SUCH
PROVISIONS OR EXTENDING SUCH PROVISIONS AS TO CORPORATIONS AND UNIONS ON
AND AFTER THAT DATE. IN THE EVENT THAT THE COUNCIL FAILS TO SO REPEAL,
MODIFY, OR EXTEND SUCH PROVISIONS AS TO CORPORATIONS AND LABOR UNIONS,
THE COUNCIL SHALL REPORT ITS REASONS THEREFOR TO THE COMMITTEES ON THE
DISTRICT OF COLUMBIA OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
PRIOR TO AUGUST 1, 1975.
(C) NO INDIVIDUAL SHALL MAKE ANY CONTRIBUTION IN ANY ONE ELECTION
WHICH WHEN AGGREGATED WITH ALL OTHER CONTRIBUTIONS MADE BY THAT
INDIVIDUAL IN THAT ELECTION EXCEEDS $2,000.
(D) (1) ANY EXPENDITURE MADE BY ANY PERSON ADVOCATING THE ELECTION OR
DEFEAT OF ANY CANDIDATE FOR OFFICE WHICH IS NOT MADE AT THE REQUEST OR
SUGGESTION OF THE CANDIDATE, ANY AGENT OF THE CANDIDATE, OR ANY
POLITICAL COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDITURES OR
TO RECEIVE CONTRIBUTIONS FOR THE CANDIDATE IS NOT CONSIDERED A
CONTRIBUTION TO OR AN EXPENDITURE BY OR ON BEHALF OF THE CANDIDATE FOR
THE PURPOSES OF THE LIMITATIONS SPECIFIED IN THIS ACT.
(2) NO PERSON MAY MAKE ANY AUTHORIZED EXPENDITURE ADVOCATING THE
ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE DURING A CALENDAR
YEAR WHICH, WHEN ADDED TO ALL OTHER UNAUTHORIZED EXPENDITURES MADE BY
THAT PERSON DURING THE YEAR ADVOCATING THE ELECTION OR DEFEAT OF THAT
CANDIDATE, EXCEEDS $1,000.
(3) FOR PURPOSES OF PARAGRAPH (2)---
(A) "CLEARLY IDENTIFIED" MEANS---
(B) "PERSON" DOES NOT INCLUDE THE CENTRAL COMMITTEE OF A
POLITICAL
PARTY, AND
(C) "EXPENDITURE" DOES NOT INCLUDE ANY PAYMENT MADE OR INCURRED
BY A CORPORATION OR LABOR ORGANIZATION WHICH, UNDER THE PROVISIONS
OF SECTION 610 OF TITLE 18 OF THE UNITED STATES CODE //86 STAT.
10.// WOULD NOT CONSTITUTE AN EXPENDITURE BY THAT CORPORATION OR
LABOR ORGANIZATION.
(4) EVERY CANDIDATE SHALL FILE A STATEMENT WITH THE BOARD, IN SUCH
MANNER AND FORM AND AT SUCH TIMES AS THE BOARD MAY PRESCRIBE,
AUTHORIZING ANY PERSON OR ANY POLITICAL COMMITTEE ORGANIZED PRIMARILY TO
SUPPORT THE CANDIDACY OF SUCH CANDIDATE TO EITHER DIRECTLY OR
INDIRECTLY, RECEIVE CONTRIBUTIONS, OR MAKE EXPENDITURES IN BEHALF OF,
SUCH CANDIDATE. NO PERSON AND NO COMMITTEE ORGANIZED PRIMARILY TO
SUPPORT A SINGLE CANDIDATE MAY, EITHER DIRECTLY OR INDIRECTLY, RECEIVE
CONTRIBUTIONS OR MAKE EXPENDITURES IN BEHALF OF, SUCH CANDIDATE WITHOUT
THE WRITTEN AUTHORIZATION OF SUCH CANDIDATE AS REQUIRED BY THIS
PARAGRAPH.
(E) IN NO CASE SHALL ANY PERSON RECEIVE OR MAKE ANY CONTRIBUTION IN
LEGAL TENDER IN AN AMOUNT OF $50 OR MORE.
(F) NO PERSON SHALL MAKE A CONTRIBUTION IN THE NAME OF ANOTHER
PERSON, AND NO PERSON SHALL KNOWINGLY ACCEPT A CONTRIBUTION MADE BY ONE
PERSON IN THE NAME OF ANOTHER PERSON.
(G) FOR PURPOSES OF THE LIMITATIONS CONTAINED IN THIS SECTION ALL
CONTRIBUTIONS MADE BY ANY PERSON DIRECTLY OR INDIRECTLY TO OR FOR THE
BENEFIT OF A PARTICULAR CANDIDATE, INCLUDING CONTRIBUTIONS WHICH ARE IN
ANY WAY EARMARKED, ENCUMBERED, OR OTHERWISE DIRECTED THROUGH AN
INTERMEDIARY OR CONDUIT TO THAT CANDIDATE, SHALL BE TREATED AS
CONTRIBUTIONS FROM THAT PERSON TO THAT CANDIDATE.
(H) (1) NO CANDIDATE OR MEMBER OF THE IMMEDIATE FAMILY OF A CANDIDATE
MAY MAKE A LOAN OR ADVANCE FROM HIS PERSONAL FUNDS FOR USE IN CONNECTION
WITH A CAMPAIGN OF THAT CANDIDATE FOR NOMINATION FOR ELECTION, OR FOR
ELECTION, TO PUBLIC OFFICE UNLESS THAT LOAN OR ADVANCE IS EVIDENCED BY A
WRITTEN INSTRUMENT FULLY DISCLOSING THE TERMS, CONDITIONS, AND PARTS TO
THE LOAN OR ADVANCE. THE AMOUNT OF ANY SUCH LOAN OR ADVANCE SHALL BE
INCLUDED IN COMPUTING AND APPLYING THE LIMITATIONS CONTAINED IN THIS
SECTION ONLY TO EXTENT OF THE BALANCE OF THE LOAN OR ADVANCE WHICH IS
UNPAID AT THE TIME OF DETERMINATION.
(2) FOR PURPOSES OF THIS SUBSECTION, THE TERM "IMMEDIATE FAMILY"
MEANS THE CANDIDATE'S SPOUSE AND ANY PARENT, BROTHER, OR SISTER, OR
CHILD OF THE CANDIDATE, AND THE SPOUSE OF ANY SUCH PARENT, BROTHER,
SISTER, OR CHILD.
SEC. 402. //D.C. CODE 1 - 1162.// (A) (1) NO PRINCIPAL CAMPAIGN
COMMITTEE SHALL EXPAND ANY FUNDS WHICH WHEN AGGREGATED WITH FUNDS
EXPENDED BY IT, ALL OTHER COMMITTEES REQUIRED TO REPORT TO IT, AND BY A
CANDIDATE SUPPORTED BY SUCH COMMITTEE SHALL EXCEED (1) IN THE CASE OF A
CANDIDATE FOR MAYOR, $200,000 IN THE AGGREGATE FOR ANY PRIMARY AND
GENERAL ELECTION IN CONNECTION THEREWITH, BUT IN NO EVENT IN EXCESS OF
$120,000 FOR ONE OF SUCH ELECTIONS AND $80,000 FOR THE OTHER OF SUCH
ELECTIONS; (2) IN THE CASE OF A CANDIDATE FOR CHAIRMAN OF THE COUNCIL,
$150,000 IN THE AGGREGATE FOR ANY PRIMARY AND GENERAL ELECTION IN
CONNECTION THEREWITH, BUT IN NO EVENT IN EXCESS OF $90,000 FOR ONE OF
SUCH ELECTIONS AND $60,000 FOR THE OTHER OF SUCH ELECTIONS; (3) IN THE
CASE OF A CANDIDATE FOR MEMBER OF THE COUNCIL ELECTED AT LARGE, $100,000
IN THE AGGREGATE FOR ANY PRIMARY AND GENERAL ELECTION IN CONNECTION
THEREWITH, BUT IN NO EVENT IN EXCESS OF $60,000 FOR ONE OF SUCH
ELECTIONS AND $40,000 FOR THE OTHER OF SUCH ELECTIONS; (4) IN THE CASE
OF A CANDIDATE FOR MEMBER OF THE BOARD OF EDUCATION ELECTED AT LARGE OR
MEMBER OF THE COUNCIL ELECTED FROM A WARD, $20,000 IN THE AGGREGATE FOR
ANY PRIMARY AND GENERAL ELECTION IN CONNECTION THEREWITH, BUT IN NO
EVENT IN EXCESS OF $12,000 FOR ONE OF SUCH ELECTIONS AND $8,000 FOR THE
OTHER OF SUCH ELECTIONS; (5) IN THE CASE OF A CANDIDATE FOR MEMBER OF
THE BOARD OF EDUCATION ELECTED FROM A WARD, OR IN SUPPORT OF ANY
CANDIDATE FOR OFFICE OF A POLITICAL PARTY, $10,000 IN THE AGGREGATE FOR
ANY PRIMARY AND GENERAL ELECTION IN CONNECTION THEREWITH, BUT IN NO
EVENT IN EXCESS OF $6,000 FOR ONE OF SUCH ELECTIONS AND $4,000 FOR THE
OTHER OF SUCH ELECTIONS; AND (6) IN THE CASE OF A CANDIDATE FOR MEMBER
OF AN ADVISORY NEIGHBORHOOD COUNCIL, $500.
(2) AT THE BEGINNING OF EACH CALENDAR YEAR (COMMENCING IN 1976), AS
THERE BECOME AVAILABLE NECESSARY DATA FROM THE BUREAU OF LABOR
STATISTICS OF THE DEPARTMENT OF LABOR, THE SECRETARY OF LABOR SHALL
CERTIFY TO THE BOARD AND THE BOARD SHALL PUBLISH IN THE DISTRICT OF
COLUMBIA REGISTER THE PER CENTUM DIFFERENCE BETWEEN THE PRICE INDEX FOR
THE TWELVE MONTHS PRECEDING THE BEGINNING OF SUCH CALENDAR YEAR AND THE
PRICE INDEX FOR 1974. EACH AMOUNT DETERMINED UNDER PARAGRAPH (1) SHALL
BE CHANGED BY SUCH PER CENTUM DIFFERENCE. EACH AMOUNT SO CHANGED SHALL
BE THE AMOUNT IN EFFECT FOR SUCH CALENDAR YEAR.
(B) NO POLITICAL COMMITTEE OR CANDIDATE SHALL KNOWINGLY EXPEND ANY
FUNDS AT A TIME WHEN THE PRINCIPAL CAMPAIGN COMMITTEE TO WHICH IT SHALL
REPORT, OR WHICH HAS BEEN DESIGNATED BY HIM, IS PRECLUDED BY SUBSECTION
(A) FROM EXPENDING FUNDS OR WHICH WOULD CAUSE SUCH PRINCIPAL COMMITTEE
TO BE PRECLUDED FORM FURTHER EXPENDITURES. ANY PRINCIPAL CAMPAIGN
COMMITTEE OF A CANDIDATE HAVING REASONABLE KNOWLEDGE TO BELIEVE THAT
FURTHER EXPENDITURES BY A POLITICAL COMMITTEE REGISTERED IN SUPPORT OF
SUCH CANDIDATE, OR BY THE CANDIDATE IT SUPPORTS, WILL EXCEED THE
EXPENDITURE LIMITATIONS SPECIFIED IN SUBSECTION (A) SHALL IMMEDIATELY
NOTIFY, IN WRITING, SUCH POLITICAL COMMITTEE OR CANDIDATE OF THAT FACT.
(C) ANY EXPENDITURE MADE IN CONNECTION WITH A CAMPAIGN IN A CALENDAR
YEAR OTHER THAN THE CALENDAR YEAR IN WHICH THE ELECTION IS HELD TO WHICH
THAT CAMPAIGN RELATES IS, FOR THE PURPOSES OF THIS SECTION, CONSIDERED
TO BE MADE DURING THE CALENDAR YEAR IN WHICH THAT ELECTION IS HELD.
SEC. 501. //D.C. CODE 1 - 1171.// WHEN USED IN THIS TITLE---
(A) THE TERM "CONTRIBUTION" INCLUDES A GIFT, SUBSCRIPTION, LOAN,
ADVANCE, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE AND INCLUDES A
CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY ENFORCEABLE, TO
MAKE A CONTRIBUTION.
(B) THE TERM "EXPENDITURE" INCLUDES A PAYMENT, DISTRIBUTION, LOAN,
ADVANCE, DEPOSIT, OR GIFT OF MONEY OR ANYTHING OF VALUE, AND INCLUDES A
CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY ENFORCEABLE, TO
MAKE AN EXPENDITURE.
(C) THE TERM "LEGISLATION" MEANS BILLS, RESOLUTIONS, AMENDMENTS,
NOMINATIONS, RULES, AND OTHER MATTERS PENDING, OR PROPOSED IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA, AND INCLUDES ANY OTHER MATTER WHICH
MAY BE THE SUBJECT OF ACTION BY THE COUNCIL OF THE DISTRICT OF COLUMIBA.
RECEIPTED
BILLS
OF EXPENDITURES
SEC. 502. //D.C. CODE 1 - 1172.// (A) IT SHALL BE THE DUTY OF EVERY
PERSON WHO SHALL IN ANY MANNER SOLICIT OR RECEIVE A CONTRIBUTION TO ANY
ORGANIZATION OR FUND FOR THE PURPOSES HEREINAFTER DESIGNATED TO KEEP A
DETAILED AND EXACT ACCOUNT OF---,
(1) ALL CONTRIBUTIONS OF ANY AMOUNT OR OF ANY VALUE WHATSOEVER;
(2) THE NAME AND ADDRESS OF EVERY PERSON MAKING ANY SUCH
CONTRIBUTION OF $200 OR MORE AND THE DATE THEREOF;
(3) ALL EXPENDITURES MADE BY OR ON BEHALF OF SUCH ORGANIZATION
OR FUND; AND
(4) THE NAME AND ADDRESS OF EVERY PERSON TO WHOM ANY SUCH
EXPENDITURE IS MADE AND THE DATE THEREOF.
(B) IT SHALL BE THE DUTY OF SUCH PERSON TO OBTAIN AND KEEP A
RECEIPTED BILL, STATING THE PARTICULARS, FOR EVERY EXPENDITURE OF SUCH
FUNDS EXCEEDING $10 IN AMOUNT, AND TO PRESERVE ALL RECEIPTED BILLS AND
ACCOUNTS REQUIRED TO BE KEPT BY THIS SECTION FOR A PERIOD OF AT LEAST
TWO YEARS FROM THE DATE OF THE FILING OF THE STATEMENT CONTAINING SUCH
ITEMS.
SEC. 503. //D.C. CODE 1 - 1173.// EVERY INDIVIDUAL WHO RECEIVES A
CONTRIBUTION OF $200 OR MORE FOR ANY OF THE PURPOSES HEREINAFTER
DESIGNATED SHALL WITHIN FIVE DAYS AFTER RECEIPT THEREOF RENDER TO THE
PERSON OR ORGANIZATION FOR WHICH SUCH CONTRIBUTION WAS RECEIVED A
DETAILED ACCOUNT THEREOF, INCLUDING THE NAME AND ADDRESS OF THE PERSON
MAKING SUCH CONTRIBUTION AND THE DATE ON WHICH RECEIVED.
SEC. 504. //D.C. CODE 1 - 1174.// (A) EVERY PERSON RECEIVING ANY
CONTRIBUTIONS OR EXPENDING ANY MONEY FOR THE PURPOSES DESIGNATED IN
SUBPARAGRAPH (A) OR (B) OF SECTION 506 OF THIS TITLE SHALL FILE WITH THE
DIRECTOR BETWEEN THE FIRST AND TENTH DAY OF EACH CALENDAR QUARTER, A
STATEMENT CONTAINING COMPLETE AS OF THE DAY NEXT PRECEDING THE DATE OF
FILING---
(1) THE NAME AND ADDRESS OF EACH PERSON WHO HAS MADE A
CONTRIBUTION $200 OR MORE NOT MENTIONED IN THE PRECEDING REPORT;
EXCEPT THAT THE FIRST REPORT FILED PURSUANT TO THIS TITLE SHALL
CONTAIN THE NAME AND ADDRESS OF EACH PERSON WHO HAS MADE ANY
CONTRIBUTION OF $200 OR MORE TO SUCH PERSON SINCE JANUARY 2, 1975;
(2) THE TOTAL SUM OF THE CONTRIBUTIONS MADE TO OR FOR SUCH
PERSON DURING THE CALENDAR YEAR AND NOT STATED UNDER PARAGRAPH (1)
OF THIS SUBSECTION;
(3) THE TOTAL SUM OF ALL CONTRIBUTIONS MADE TO OR FOR SUCH
PERSON DURING THE CALENDAR YEAR;
(4) THE NAME AND ADDRESS OF EACH PERSON TO WHOM AN EXPENDITURE
IN ONE OR MORE ITEMS OF THE AGGREGATE AMOUNT OR VALUE, WITHIN THE
CALENDAR YEAR, OF $10 OR MORE HAS BEEN MADE BY OR ON BEHALF OF
SUCH PERSON, AND THE AMOUNT, DATE, AND PURPOSE OF SUCH
EXPENDITURE;
(5) THE TOTAL SUM OF ALL EXPENDITURES MADE BY OR ON BEHALF OF
SUCH PERSON DURING THE CALENDAR YEAR AND NOT STATED UNDER
PARAGRAPH (4) OF THIS SUBSECTION;
(6) THE TOTAL SUM OF EXPENDITURES MADE BY OR ON BEHALF OF SUCH
PERSON DURING THE CALENDAR YEAR.
THE STATEMENTS REQUIRED TO BE FILED BY SUBSECTION (A) OF THIS SECTION
SHALL BE CUMULATIVE DURING THE CALENDAR YEAR TO WHICH THEY RELATE, BUT
WHERE THERE HAS BEEN NO CHANGE IN AN ITEM REPORTED IN A PREVIOUS
STATEMENT ONLY THE AMOUNT NEED BE CARRIED FORWARD.
SEC. 505. //D.C. CODE 1 - 1175.// A STATEMENT REQUIRED BY THIS TITLE
TO BE FILED WITH THE DIRECTOR---,
(A) SHALL BE DEEMED PROPERLY FILED WHEN DEPOSITED IN AN
ESTABLISHED POST OFFICE WITHIN THE PRESCRIBED TIME, DULY STAMPED,
REGISTERED, AND DIRECTED TO THE DIRECTOR, WASHINGTON, DISTRICT OF
COLUMBIA, BUT IN THE EVENT IT IS NOT RECEIVED, A DUPLICATE OF SUCH
STATEMENT SHALL BE PROMPTLY FILED UPON NOTICE BY THE DIRECTOR OF
ITS NONRECEIPT;
(B) SHALL BE PRESERVED BY THE DIRECTOR FOR A PERIOD OF TWO
YEARS FROM THE DATE OF FILING, SHALL CONSTITUTE PART OF THE PUBLIC
RECORDS OF HIS OFFICE, AND SHALL BE OPEN TO PUBLIC INSPECTION.
SEC. 506. //D.C. CODE 1 - 1176.// THE PROVISIONS OF THIS TITLE SHALL
APPLY TO ANY PERSON (EXCEPT A POLITICAL COMMITTEE) WHO, BY HIMSELF, OR
THROUGH ANY AGENT OR EMPLOYEE OR OTHER PERSONS IN ANY MANNER WHATSOEVER,
DIRECTLY OR INDIRECTLY, SOLICITS, COLLECTS, OR RECEIVES MONEY OR ANY
OTHER THING OF VALUE TO BE USED PRINCIPALLY TO AID, OR THE PRINCIPAL
PURPOSE OF WHICH PERSON IS TO AID, IN THE ACCOMPLISHMENT OF ANY OF THE
FOLLOWING PURPOSES:
(A) THE PASSAGE OR DEFEAT OF ANY LEGISLATION BY THE COUNCIL OF
THE DISTRICT OF COLUMBIA.
(B) TO INFLUENCE, DIRECTLY OR INDIRECTLY, THE PASSAGE OR DEFEAT
OF ANY LEGISLATION BY THE COUNCIL OF THE DISTRICT OF COLUMBIA.
INFORMATION
SEC. 507. //D.C. CODE 1 - 1177.// (A) ANY PERSON WHO SHALL ENGAGE
HIMSELF FOR PAY OR FOR ANY CONSIDERATION FOR THE PURPOSES OF ATTEMPTING
TO INFLUENCE THE PASSAGE OR DEFEAT OF ANY LEGISLATION BY THE COUNCIL OF
THE DISTRICT OF COLUMIBA SHALL, BEFORE DOING ANYTHING IN FURTHERANCE OF
SUCH OBJECT, REGISTER WITH THE DIRECTOR AND SHALL GIVE TO HIM IN WRITING
AND UNDER OATH, HIS NAME AND BUSINESS ADDRESS, THE NAME AND ADDRESS OF
THE PERSON BY WHOM HE IS EMPLOYED, AND IN WHOSE INTEREST HE APPEARS OR
WORKS, THE DURATION OF SUCH EMPLOYMENT, HOW MUCH HE IS PAID IS TO
RECEIVE, BY WHOM HE IS PAID OR IS TO BE PAID, HOW MUCH HE IS TO BE PAID
FOR EXPENSES, AND WHAT EXPENSES ARE TO BE INCLUDED. EACH SUCH PERSON SO
REGISTERING SHALL, BETWEEN THE FIRST AND TENTH DAY OF EACH CALENDAR
QUARTER, SO LONG AS HIS ACTIVITY CONTINUES, FILE WITH THE DIRECTOR A
DETAILED REPORT UNDER OATH OF ALL MONEY RECEIVED AND EXPENDED BY HIM
DURING THE PRECEDING CALENDAR QUARTER IN CARRYING ON HIS WORK; TO WHOM
PAID; FOR WHAT PURPOSES; AND THE NAMES OF ANY PAPERS, PERIODICALS,
MAGAZINES, OR OTHER PUBLICATIONS IN WHICH HE HAS CAUSED TO BE PUBLISHED
ANY ARTICLES OR EDITORIALS; AND THE PROPOSED LEGISLATION HE IS EMPLOYED
TO SUPPORT OR OPPOSE. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
ANY PERSON WHO MERELY APPEARS BEFORE THE COUNCIL OF THE DISTRICT OF
COLUMBIA, OR A COMMITTEE THEREOF, IN SUPPORT OF OR OPPOSITION TO
LEGISLATION; NOR TO ANY PUBLIC OFFICIAL ACTING IN HIS OFFICIAL
CAPICITY; NOR IN THE CASE OF ANY NEWSPAPER OR OTHER REGULARLY PUBLISHED
PERIODICAL (INCLUDING ANY INDIVIDUAL WHO OWNS, PUBLISHES, OR IS EMPLOYED
BY ANY SUCH NEWSPAPER OR PERIODICAL) WHICH IN THE ORDINARY COURSE OF
BUSINESS PUBLISHES NEWS ITEMS, EDITORIALS, OR OTHER COMMENTS, OR PAID
ADVDERTISEMENTS, WHICH DIRECTLY OR INDIRECTLY URGE THE PASSAGE OR DEFEAT
OF LEGISLATION, IF SUCH NEWSPAPER, PERIODICAL, OR INDIVIDUAL, ENGAGES IN
NO FURTHER OR OTHER ACTIVITIES IN CONNECTION WITH THE PASSAGE OR DEFEAT
OF SUCH LEGISLATION, OTHER THEN TO APPEAR BEFORE A COMMITTEE OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA IN SUPPORT OF OR IN OPPOSITION TO
SUCH LEGISLATION.
(B) ALL INFORMATION REQUIRED TO BE FILED UNDER THE PROVISIONS OF THIS
SECTION WITH THE DIRECTOR SHALL BE COMPILED BY THE DIRECTOR AS SOON AS
PRACTICABLE AFTER THE CLOSE OF THE CALENDAR QUARTER WITH RESPECT TO
WHICH SUCH INFORMATION IS FILED AND SHALL BE PRINTED IN THE DISTRICT OF
COLUMBIA REGISTER.
SEC. 508. //D.C. CODE 1 - 1178.// ALL REPORTS AND STATEMENTS
REQUIRED UNDER THIS TITLE SHALL BE MADE UNDER OATH, BEFORE AN OFFICE
UNAUTHORIZED BY LAW TO ADMINISTER OATHS.
SEC. 509. //D.C. CODE 1 - 1179.// (A) ANY PERSON WHO VIOLATES ANY OF
THE PROVISIONS OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR, AND
SHALL BE PUNISHED BY A FINE OF NOT MORE THAN $5,000 OR IMPRISONMENT FOR
NOT MORE THAN TWELVE MONTHS, OR BOTH.
(B) IN ADDITION TO THE PENALTIES PROVIDED FOR IN SUBSECTION (A) OF
THIS SECTION, ANY PERSON CONVICTED OF THE MISDEMEANOR SPECIFIED THEREIN
IS PROHIBITED, FOR A PERIOD OF THREE YEARS FROM THE DATE OF SUCH
CONVICTION, FROM ATTEMPTING TO INFLUENCE, DIRECTLY OR INDIRECTLY, THE
PASSAGE OR DEFEAT OF ANY PROPOSED LEGISLATION OR FROM APPEARING BEFORE A
COMMITTEE OF THE COUNCIL OF THE DISTRICT OF COLUMBIA IN SUPPORT OF OR
OPPOSITION TO PROPOSED LEGISLATION; AND ANY PERSON WHO VIOLATES ANY
PROVISION OF THIS SUBSECTION SHALL BE GUILTY OF A FELONY, AND SHALL BE
PUNISHED BY A FINE OF NOT MORE THAN $10,000, OR IMPRISONMENT FOR NOT
MORE THAN FIVE YEARS, OR BOTH.
SEC. 510. //D.C. CODE 1 - 1180.// THE PROVISIONS OF THIS TITLE SHALL
NOT APPLY TO---,
(1) ANY MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES OR
ANY SENATOR;
(2) ANY MEMBER OF A STAFF OF ANY PERSON SPECIFIED IN PARAGRAPH
(1) WHILE OPERATING WITHIN THE SCOPE OF HIS EMPLOYMENT;
(3) ANY MEMBER OF AN ADVISORY NEIGHBORHODD COUNCIL;
(4) ANY PERSON WHO RECEIVES LESS THAN $500 DURING THE CALENDAR
YEAR AS COMPENSATION FOR PERFORMING SERVICES RELATING TO THE
INFLUENCING OF LEGISLATION; OR
(5) ANY ENTITY SPECIFIED IN SECTION 1 (D) OF TITLE II OF THE
DISTRICT OF COLUMBIA INCOME AND FRANCHISE TAX ACT OF 1947 (D.C.
CODE, SEC. 47 - 1554 (D)), //61 STAT. 334.// NO SUBSTANTIAL PART
OF THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE
ATTEMPTING TO INFLUENCE LEGISLATION.
SEC. 601. //D.C. CODE 1 - 1181.// (A) THE CONGRESS DECLARES THAT
ELECTIVE AND PUBLIC OFFICE IS A PUBLIC TRUST, AND ANY EFFORT TO REALIZE
PERSONAL GAIN THROUGH OFFICIAL CONDUCT IS A VIOLATION OF THAT TRUST.
(B) NO PUBLIC OFFICIAL SHALL USE HIS OFFICIAL POSITION OR OFFICE TO
OBTAIN FINANCIAL GAIN FOR HIMSELF, ANY MEMBER OF HIS HOUSEHOLD, OR ANY
BUSINESS WITH WHICH HE OR A MEMBER OF HIS HOUSEHOLD IS ASSOCIATED, OTHER
THAN THAT COMPENSATION PROVIDED BY LAW FOR SAID PUBLIC OFFICIAL.
(C) NO PERSON SHALL OFFER OR GIVE TO A PUBLIC OFFICIAL OR A MEMBER OF
A PUBLIC OFFICIAL'S HOUSEHOLD, AND NO PUBLIC OFFICIAL SHALL SOLICIT OR
RECEIVE ANYTHING OR VALUE, INCLUDING A GIFT, FAVOR, SERVICE, LOAN
GRATUITY, DISCOUNT, HOSPITALITY, POLITICAL CONTRIBUTION, OR PROMISE OF
FUTURE EMPLOYMENT, BASED ON ANY UNDERSTANDING THAT SUCH PUBLIC
OFFICIAL'S OFFICIAL ACTIONS OR JUDGMENT OR VOTE WOULD BE INFLUENCED
THEREBY, OR WHERE IT COULD REASONABLY BE INFERRED THAT THE THING OF
VALUE WOULD INFLUENCE THE PUBLIC OFFICIAL IN THE DISCHARGE OF HIS
DUTIES, OR AS A REQARD, OR WHICH WOULD CAUSE THE TOTAL VALUE OF SUCH
THINGS RECEIVED FROM THE SAME PERSON NOT A MEMBER OF SUCH PUBLIC
OFFICIAL'S HOUSEHOLD TO EXCEED $100 DURING ANY SINGLE CALENDAR YEAR.
(D) NO PERSON SHALL OFFER OR PAY TO A PUBLIC OFFICIAL, AND NO PUBLIC
OFFICIAL SHALL SOLICIT OR RECEIVE ANY MONEY, IN ADDITION TO THAT
LAWFULLY RECEIVED BY THE PUBLIC OFFICIAL IN HIS OFFICIAL CAPACITY, FOR
ADVICE OR ASSISTANCE GIVEN IN THE COURSE OF THE PUBLIC OFFICIAL'S
EMPLOYMENT OR RELATING TO HIS EMPLOYMENT.
(E) NO PUBLIC OFFICIAL SHALL USE OR DISCLOSE CONFIDENTIAL INFORMATION
GIVEN IN THE COURSE OF OR BY REASON OF HIS OFFICIAL POSITION OR
ACTIVITIES IN ANY WAY THAT COULD RESULT IN FINANCIAL GAIN FOR HIMSELF OR
FOR ANY OTHER PERSON.
(F) NO MEMBER OR EMPLOYEE OF THE COUNCIL OF THE DISTRICT OF COLUMBIA
OR BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA SHALL ACCEPT
ASSIGNMENT TO SERVE ON A COMMITTEE THE JURISDICTION OF WHICH CONSISTS OF
MATTERS (OTHER THAN OF A DE MINIMIS NATURE) IN WHICH HE OR A MEMBER OF
HIS FAMILY OR A BUSINESS WITH WHICH HE IS ASSOCIATED, HAS FINANCIAL
INTEREST.
(G) ANY PUBLIC OFFICAIL WHO, IN THE DISCHARGE OF HIS OFFICIAL DUTIES,
WOULD BE REQUIRED TO TAKE AN ACTION OR MAKE A DECISION THAT WOULD AFFECT
DIRECTLY OR INDIRECTLY HIS FINANCIAL INTERESTS OR THOSE OF A MEMBER OF
HIS HOUSEHOLD, OR A BUSINESS WITH WHICH HE IS ASSOCIATED, OR MUST TAKE
AN OFFICIAL ACTION ON A MATTER AS TO WHICH HE HAS A CONFLICT SITUATION
CREATED BY A PERSONAL, FAMILY, OR CLIENT INTEREST, SHALL---
(1) PREPARE A WRITTEN STATEMENT DESCRIBING THE MATTER REQUIRING
ACTION OR DECISION, AND THE NATURE OF HIS POTENTIAL CONFLICT OF
INTEREST WITH RESPECT TO SUCH ACTION OR DECISION;
(2) CAUSE COPIES OF SUCH STATEMENT TO BE DELIVERED TO THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS (REFERRED TO IN
THIS TITLE AS THE "BOARD"), AND TO HIS IMMEDIATE SUPERIOR, IF ANY;
(3) IF HE IS A MEMBER OF THE COUNCIL OF THE DISTRICT OF
COLUMBIA OR MEMBER OF THE BOARD OF EDUCATION OF THE DISTRICT OF
COLUMBIA, OR EMPLOYEE OF EITHER, DELIVER A COPY OF SUCH STATEMENT
TO THE CHAIRMAN THEREOF, WHO SHALL CAUSE SUCH STATEMENT TO BE
PRINTED IN THE RECORD OF PROCEEDINGS, AND, UPON REQUEST OF SAID
MEMBER OR EMPLOYEE, SHALL EXCUSE THE MEMBER FROM VOTES,
DELIBERATIONS, AND OTHER ACTION ON THE MATTER ON WHICH A POTENTIAL
CONFLICT EXISTS;
(4) IF HE IS NOT A MEMBER OF THE COUNCIL OF THE DISTRICT OF
COLUMBIA, HIS SUPERIOR, IF ANY, SHALL ASSIGN THE MATTER TO ANOTHER
EMPLOYEE WHO DOES NOT HAVE A POTENTIAL CONFLICT OF INTEREST, OR,
IF HE HAS NO IMMEDIATE SUPERIOR, HE SHALL TAKE SUCH STEPS AS THE
BOARD PRESCRIBES THROUGH RULES AND REGULATIONS TO REMOVE HIMSELF
FROM INFLUENCE OVER ACTIONS AND DECISIONS ON THE MATTER ON WHICH
POTENTIAL CONFLICT EXISTS; AND
(5) DURING A PERIOD WHEN A CHARGE OF CONFLICT OF INTEREST IS
UNDER INVESTIGATION BY THE BOARD, IF HE IS NOT A MEMBER OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA OR A MEMBER OF THE BOARD OF
EDUCATION, HIS SUPERIOR, IF ANY, SHALL, HAVE THE ARBITRARY POWER
TO ASSIGN THE MATTER TO ANOTHER EMPLOYEE WHO DOES NOT HAVE A
POTENTIAL CONFLICT OF INTEREST, OR IF HE HAS NO IMMEDIATE
SUPERIOR, HE SHALL TAKE SUCH STEPS AS THE BOARD SHALL PRESCRIBE
THROUGH RULES AND REGULATIONS TO REMOVE HIMSELF FROM INFLUENCE
OVER ACTIONS AND DECISIONS ON THE MATTER ON WHICH THERE IS A
CONFLICT OF INTEREST.
(H) NEITHER THE MAYOR NOR ANY MEMBER OF THE COUNCIL OF THE DISTRICT
OF COLUMBIA MAY REPRESENT ANOTHER PERSON BEFORE ANY REGULATORY AGENCY OR
COURT OF THE DISTRICT OF COLUMBIA WHILE SERVING IN SUCH OFFICE, THE
PRECEDING SENTENCE DOES NOT APPLY TO AN APPEARANCE BY SUCH AN OFFICIAL
BEFORE ANY SUCH AGENCY OR COURT IN HIS OFFICIAL CAPACITY.
(I) AS USED IN THIS SECTION, THE TERM---,
(1) "PUBLIC OFFICIAL" MEANS THE OFFICE OF THE MAYOR OF THE
DISTRICT OF COLUMBIA, CHAIRMAN OF THE COUNCIL OF THE DISTRICT OF
COLUMBIA, OR MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, OR
CHAIRMAN OR MEMBER OF THE BOARD OF EDUCATION OF THE DISTRICT OF
COLUMBIA, OR EACH OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA
GOVERNMENT WHO PERFORMS DUTIES OF THE TYPE GENERALLY PERFORMED BY
AN INDIVIDUAL OCCUPYING GRADE GS-15 OF THE GENERAL SCHEDULE OR ANY
HIGHER GRADE OR POSITION //5 USC 5332 NOTE.// (AS DETERMINED BY
THE BOARD REGARDLESS OF THE RATE OF COMPENSATION OF SUCH
INDIVIDUAL);
(2) "BUSINESS" MEANS ANY CORPORATION, PARTNERSHIP, SOLE
PROPRIETORSHIP, FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION,
ORGANIZATION, SELF-EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT
STOCK, TRUST, AND ANY LEGAL ENTITY THROUGH WHICH BUSINESS IS
CONDUCTED FOR PROFIT;
(3) "BUSINESS WITH WHICH HE IS ASSOCIATED" MEANS ANY BUSINESS
OF WHICH THE PERSON OR MEMBER OF HIS HOUSEHOLD IS A DIRECTOR,
OFFICER, OWNER, EMPLOYEE, OR HOLDER OF STOCK WORTH $1,000 OR MORE
AT FAIR MARKET VALUE, AND ANY BUSINESS WHICH IS A CLIENT OF THAT
PERSON;
(4) "HOUSEHOLD" MEANS THE PUBLIC OFFICAL AND HIS IMMEDIATE
FAMILY; AND
(5) "IMMEDIATE FAMILY" MEANS THE PUBLIC OFFICIAL'S SPOUSE AND
ANY PARENT, BROTHER, OR SISTER, OR CHILD OF THE PUBLIC OFFICIAL,
AND THE SPOUSE OF ANY SUCH PARENT, BROTHER, SISTER, OR CHILD.
SEC. 602. //D.C CODE 1 - 1182.// (A) ANY CANDIDATE FOR NOMINATION
FOR ELECTION, OR ELECTION, TO PUBLIC OFFICE WHO AT THE TIME HE BECOMES A
CANDIDATE, DOES NOT OCCUPY ANY SUCH OFFICE, SHALL FILE WITHIN ONE MONTH
AFTER HE BECOMES A CANDIDATE FOR SUCH OFFICE, AND THE MAYOR, AND THE
CHAIRMAN AND EACH MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMBIA
HOLDING OFFICE UNDER THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND
GOVERNMENTAL REORGANIZATION ACT, //87 STAT. 774, D.C. CODE 1 - 101
NOTE.// AND THE CHAIRMAN AND EACH MEMBER OF THE BOARD OF EDUCATION,
SHALL FILE ANNUALLY, WITH THE BOARD A REPORT CONTAINING A FULL AND
COMPLETE STATEMENT OF---,
(1) THE AMOUNT AND SOURCE OF EACH ITEM OF INCOME, EACH ITEM OR
REIMBURSEMENT FOR ANY EXPENDITURE, AND EACH GIFT OR AGGREGATE OF
GIFTS FROM ONE SOURCE (OTHER THAN GIFTS RECEIVED BY HIM OR BY HIM
AND HIS SPOUSE JOINTLY DURING THE PRECEDING CALENDAR YEAR) WHICH
EXCEEDS $100 IN AMOUNT OR VALUE, INCLUDING ANY FEE OR OTHER
HONORARIUM RECEIVED BY HIM FOR OR IN CONNECTION WITH THE
PREPARATION OR DELIVERY OF ANY SPEECH OR ADDRESS, ATTENDANCE AT
ANY CONVENTION OR OTHER ASSEMBLY OF INDIVIDUALS, OR THE
PREPARATION OF ANY ARTICLE OR OTHER COMPOSITION FOR PUBLICATION,
AND THE MONETARY VALUE OF SUBSISTENCE, ENTERTAINMENT, TRAVEL, AND
OTHER FACILITIES RECEIVED BY HIM IN KIND;
(2) THE IDENTITY OF EACH ASSET HELD BY HIM, OR BY HIM AND HIS
SPOUSE JOINTLY WHICH HAS A VALUE IN EXCESS OF $1,000, AND THE
IDENTITY AND AMOUNT OF EACH LIABILITY OWNED BY HIM, OR BY HIM AND
HIS SPOUSE JOINTLY, WHICH IS IN EXCESS OF $1,000 AS OF THE CLOSE
OF THE PRECEDING CALENDAR YEAR;
(3) ANY TRANSACTIONS IN SECURITIES OF ANY BUSINESS ENTITY BY
HIM, OR BY HIM AND HIS SPOUSE JOINTLY, OR BY ANY PERSON ACTING ON
HIS BEHALF OR PURSUANT TO HIS DIRECTION DURING THE PRECEDING
CALENDAR YEAR IF THE AGGREGATE AMOUNT INVOLVED IN TRANSACTIONS IN
THE SECURITIES OF SUCH BUSINESS ENTITY EXCEEDS $5,000 DURING SUCH
YEAR;
(4) ALL TRANSACTIONS IN COMMODITIES BY HIM, OR BY HIM AND HIS
SPOUSE JOINTLY, OR BY ANY PERSON ACTING ON HIS BEHALF, OR PURSUANT
TO HIS DIRECTION DURING THE PRECEDING CALENDAR YEAR IF THE
AGGREGATE AMOUNT INVOLVED IN SUCH TRANSACTIONS EXCEEDS $5,000;
(5) ANY PURCHASE OR SALE, OTHER THAN THE PURCHASE OR SALE OF
HIS PERSONAL RESIDENCE, OF REAL PROPERTY OR ANY INTEREST THEREIN
BY HIM, OR BY HIM AND HIS SPOUSE JOINTLY, OR BY ANY PERSON ACTING
ON HIS BEHALF OR PURSUANT TO HIS DIRECTION, DURING THE PRECEDING
CALENDAR YEAR IF THE VALUE OF PROPERTY INVOLVED IN SUCH PURCHASE
OR SALE EXCEEDS $5,000; AND
(6) THE AMOUNT OF EACH TAX PAID BY THE INDIVIDUAL, OR BY THE
INDIVIDUAL AND THE INDIVIDUAL'S SPOUSE FILING JOINTLY, FOR THE
PRECEDING CALENDAR YEAR, EXCEPT IN THE CASE OF CANDIDATES FILING
REPORTS DURING CALENDAR YEAR 1974, WHO SHALL FILE REPORTS FOR THE
PRECEDING THREE CALENDAR YEARS.
(B) ANY CANDIDATE FOR NOMINATION FOR, OR ELECTION TO, OFFICE WHO AT
THE TIME HE BECOMES A CANDIDATE, DOES NOT OCCUPY ANY SUCH OFFICE, SHALL
FILE WITHIN ONE MONTH AFTER HE BECOMES A CANDIDATE FOR SUCH OFFICE, AND
THE MAYOR, AND THE CHAIRMAN AND EACH MEMBER OF THE COUNCIL OF THE
DISTRICT OF COLUMBIA HOLDING OFFICE UNDER THE DISTRICT OF COLUMBIA
SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT, //84 STAT. 774, D.
C. CODE 1 - 101 NOTE.// AND THE CHAIRMAN AND EACH MEMBER OF THE BOARD OF
EDUCATION, AND EACH OFFICER AND EMPLOYEE OF THE DISTRICT OF COLUMBIA
GOVERNMENT WHO PERFORMS DUTIES OF THE TYPE GENERALLY PERFORMED BY AN
INDIVIDUAL OCCUPYING GRADE GS-15 OF THE GENERAL SCHEDULE UNDER SECTION
5332 OF TITLE 5, UNITED STATES CODE, //5 USC 5332 NOTE.// OR ANY HIGHER
GRADE OR POSITION (AS DETERMINED BY THE BOARD REGARDLESS OF THE RATE OF
COMPENSATION OF SUCH INDIVIDUAL), SHALL FILE WITH THE BOARD IN A SEALED
ENVELOPE MARKED "CONFIDENTIAL PERSONAL FINANCIAL DISCLOSURE OF (NAME)",
BEFORE THE FIFTEENTH DAY OF MAY IN EACH YEAR, THE FOLLOWING REPORTS OF
HIS PERSONAL FINANCIAL INTERESTS:
(1) A COPY OF THE RETURNS OF TAXES, DECLARATIONS, STATEMENTS,
OR OTHER DOCUMENTS WHICH HE, OR HE AND HIS SPOUSE JOINTLY, MADE
FOR THE PRECEDING YEAR IN COMPLIANCE WITH THE INCOME TAX
PROVISIONS OF THE INTERNAL REVENUE CODE OF 1954; //68A STAT. 3,
26 USC 1 ET SEQ.//
(2) THE NAME AND ADDRESS OF EACH BUSINESS OR PROFESSSIONAL
CORPORATION, FIRM, OR ENTERPRISE IN WHICH HE WAS AN OFFICER,
DIRECTOR, PARTNER, PROPRIETOR, OR EMPLOYEE WHO RECEIVED
COMPENSATION DURING THE PRECEDING YEAR AND THE AMOUNT OF SUCH
COMPENSATION;
(3) THE IDENTITY OF EACH TRUST OR OTHER FIDUCIARY RELATION IN
WHICH HE HELD A BENEFICIAL INTEREST HAVING A VALUE OF $10,000 OR
MORE, AND THE IDENTITY, IF KNOWN, OF EACH INTEREST OF THE OTHER
FIDUCIARY RELATION IN REAL OR PERSONAL PROPERTY IN WHICH THE
CANDIDATE, OFFICER, OR EMPLOYEE HELD A BENEFICIAL INTEREST HAVING
A VALUE OF $10,000 OR MORE, AT ANY TIME DURING THE PRECEDING YEAR.
IF HE CANNOT OBTAIN THE IDENTITY OF THE FIDUCIARY INTERESTS, THE
CANDIDATE, OFFICER, OR EMPLOYEE SHALL REQUEST THE FIDUCIARY TO
REPORT THAT INFORMATION TO THE BOARD IN THE SAME MANNER THAT
REPORTS ARE FILED UNDER THIS RULE.
(C) EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, ALL PAPERS FILED
UNDER THIS SECTION SHALL BE KEPT BY THE BOARD IN THE CUSTODY OF THE
DIRECTOR FOR NOT LESS THAN SEVEN YEARS, AND WHILE SO KEPT SHALL REMAIN
SEALED. UPON RECEIPT OF A REQUEST BY ANY MEMBER OF THE BOARD ADOPTED BY
A RECORDED MAJORITY VOTE OF THE FULL BOARD REQUESTING THE EXAMINATION
AND AUDIT OF ANY OF THE REPORTS FILED BY ANY INDIVIDUAL UNDER SECTION
(B) OF THIS TITLE, THE DIRECTOR SHALL TRANSMIT TO THE BOARD THE
ENVELOPES CONTAINING SUCH REPORTS. WITHIN A REASONABLE TIME AFTER SUCH
RECORDED VOTE HAS BEEN TAKEN, THE INDIVIDUAL CONCERNED SHALL BE INFORMED
OF THE VOTE TO EXAMINE AND AUDIT, AND SHALL BE ADVISED OF THE NATURE AND
SCOPE OF SUCH EXAMINATION. WHEN ANY SEALED ENVELOPE CONTAINING ANY SUCH
REPORT IS RECEIVED BY THE DIRECTOR, SUCH ENVELOPE MAY BE OPENED AND THE
CONTENTS THEREOF MAY BE EXAMINED ONLY BY MEMBERS OF THE BOARD IN
EXECUTIVE SESSION. IF, UPON SUCH EXAMINATION, THE BOARD DETERMINES THAT
FURTHER CONSIDERATION BY THE BOARD IS WARRANTED AND WITHIN THE
JURISDICTION OF THE BOARD, IT MAY MAKE THE CONTENTS OF ANY SUCH ENVELOPE
AVAILABLE FOR ANY USE BY ANY MEMBER OF THE BOARD, OR THE DIRECTOR OR
GENERAL COUNSEL OF THE BOARD WHICH IS REQUIRED FOR THE DISCHARGE OF HIS
OFFICIAL DUTIES. THE BOARD MAY RECEIVE THE PAPERS AS EVIDENCE, AFTER
GIVING TO THE INDIVIDUAL CONCERNED DUE NOTICE AND OPPORTUNITY FOR
HEARING IN A CLOSED SESSION. THE BOARD SHALL PUBLICLY DISCLOSE NOT
LATER THAN THE FIRST DAY OF JUNE EACH YEAR THE NAMES OF THE CANDIDATES,
OFFICERS, AND EMPLOYEES WHO HAVE FILED A REPORT. ANY PAPER WHICH HAS
BEEN FILED WITH THE BOARD FOR LONGER THAN SEVEN YEARS, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, SHALL BE RETURNED TO THE INDIVIDUAL
CONCERNED OR HIS LEGAL REPRESENTATIVE. IN THE EVENT OF THE DEATH OR
TERMINATION OF THE SERVICE OF THE MAYOR OR CHAIRMAN OR MEMBER OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA OR CHIARMAN OR MEMBER OF THE BOARD
OF EDUCATION, OR OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA, SUCH
PAPERS SHALL BE RETURNED UNOPENED TO SUCH INDIVIDUAL, OR TO THE
SURVIVING SPOUSE OR LEGAL REPRESENTATIVE OF SUCH INDIVIDUAL WITHIN ONE
YEAR OF SUCH DATE OR TERMINATION OF SERVICE.
(D) REPORTS REQUIRED BY THIS SECTION (OTHER THAN REPORTS SO REQUIRED
BY CANDIDATES) SHALL BE FILED NOT LATER THAN MAY 15 OF EACH SUCCEEDING
YEAR. IN THE CASE OF ANY PERSON WHO CEASES, PRIOR TO SUCH DATE IN ANY
YEAR, TO OCCUPY THE OFFICE OR POSITION THE OCCUPANY OF WHICH IMPOSES
UPON HIM THE REPORTING REQUIREMENTS CONTAINED IN SUBSECTION (A) SHALL
FILE SUCH REPORT ON THE LAST DAY HE OCCUPIES SUCH OFFICE OR POSITION, OR
ON SUCH LATER DATE, NOT MORE THAN THREE MONTHS AFTER SUCH LAST DAY, AS
THE BOARD MAY PRESCRIBE.
(E) REPORTS REQUIRED BY THIS SECTION SHALL BE IN SUCH FORM AND DETAIL
AS THE BOARD MAY PRESCRIBE. THE BOARD MAY PROVIDE FOR THE GROUPING OF
ITEMS OF INCOME, SOURCES OF INCOME, ASSETS, LIABILITIES, DEALINGS IN
SECURITIES OR COMMODITIES, AND PURCHASES AND SALES OR REAL PROPERTY,
WHEN SEPARATE ITEMIZATION IS NOT FEASIBLE OR IN NOT NECESSARY FOR AN
ACCURATE DISCLOSURE OF THE INCOME, NET WORTH, DEALING IN SECURITIES AND
COMMODITIES OR PURCHASES, AND SALES OF RENTAL PROPERTY OF ANY
INDIVIDUAL.
(F) ALL PUBLIC REPORTS FILED UNDER THIS SECTION SHALL BE MAINTAINED
BY THE BOARD AS PUBLIC RECORDS WHICH, UNDER SUCH REASONABLE REGULATIONS
AS IT SHALL PRESCRIBE, SHALL BE AVAILABLE FOR INSPECTION BY MEMBERS OF
THE PUBLIC.
(G) FOR THE PURPOSES OF ANY REPORT REQUIRED BY THIS SECTION, ANY
INDIVIDUAL SHALL BE CONSIDERED TO HAVE BEEN MAYOR, CHAIRMAN, OR MEMBER
OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, OR CHAIRMAN OR MEMBER OF THE
BOARD OF EDUCATION, OR OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA
DURING ANY CALENDAR YEAR IF SUCH INDIVIDUAL SERVED IN ANY SUCH POSITION
FOR MORE THAN SIX MONTHS DURING SUCH CALENDAR YEAR.
(H) FOR PURPOSES OF THIS SECTION, THE TERM---,
(1) "INCOME" MEANS GROSS INCOME AS DEFINED IN SECTION 61 OF THE
INTERNAL REVENUE CODE OF 1954; //68A STAT. 17, 26 USC 61.//
(2) "SECURITY" MEANS SECURITY AS DEFINED IN SECTION 2 OF THE
SECURITIES ACT OF 1933, AS AMENDED (15 U.S.C. 77B);
(3) "COMMODITY" MEANS COMMODITY AS DEFINED IN SECTION 2 OF THE
COMMODITIES EXCHANGE ACT, AS AMENDED (7 U.S.C. 2); //49 STAT.
1491//
(4) "TRANSACTIONS IN SECURITIES OR COMMODITIES" MEANS ANY
ACQUISITION, HOLDING, WITHHOLDING, USE, TRANSFER, OR OTHER
DISPOSITION, INVOLVING ANY SECURITY OR COMMODITY; //82 STAT.
413.//
(5) "IMMEDIATE FAMILY" MEANS THE CHILD, PARENT, GRANDPARENT,
BROTHER, OR SISTER OF AN INDIVIDUAL, AND THE SPOUSE OF SUCH
PERSON; AND
(6) "TAX" MEANS THE TAXES IMPOSED UNDER CHAPTER 1 OF THE
INTERNAL REVENUE CODE OF 1954, //68A STAT. 4.// UNDER THE DISTRICT
OF COLUMBIA REVENUE ACT OF 1947, //61 STAT. 328, D.C. CODE 47
1551 NOTE.// AND UNDER THE DISTRICT OF COLUMBIA PUBLIC WORKS ACT
OF 1954, //68 STAT. 101, D.C. CODE 43 1601 NOTE.// AND ANY OTHER
PROVISION OF LAW RELATING TO THE TAXATION OF PROPERTY WITHIN THE
DISTRICT OF COLUMBIA.
PENALTIES AND ENFORCEMENT
SEC. 701. //D.C. CODE 1 - 1191.// (A) EXCEPT AS PROVIDED IN
SUBSECTION (B), ANY PERSON OR POLITICAL COMMITTEE WHO VIOLATES ANY OF
THE PROVISIONS OF THIS ACT SHALL BE FINED NOT MORE THAN $5,000, OR SHALL
BE IMPRISONED FOR NOT LONGER THAN SIX MONTHS, OR BOTH.
(B) ANY PERSON WHO KNOWINGLY FILES ANY FALSE OR MISLEADING STATEMENT,
REPORT, VOUCHER, OR OTHER PAPER, OR MAKES ANY FALSE OR MISLEADING
STATEMENT TO THE BOARD, SHALL BE FINED NOT MORE THAN $10,000, OR SHALL
BE IMPRISONED FOR NOT LONGER THAN FIVE YEARS, OR BOTH.
(C) THE PENALTIES PROVIDED IN THIS SECTION SHALL NOT APPLY TO ANY
PERSON OR POLITICAL COMMITTEE WHO, BEFORE THE DATE OF ENACTMENT OF THIS
ACT DURING CALENDAR YEAR 1974, MAKES POLITICAL CONTRIBUTIONS OR RECEIVES
POLITICAL CONTRIBUTIONS OR MAKES ANY POLITICAL CAMPAIGN EXPENDITURES, IN
EXCESS OF ANY LIMITATION PLACED ON SUCH CONTRIBUTIONS OR EXPENDITURES BY
THIS ACT, EXCEPT SUCH PERSON OR POLITICAL COMMITTEE SHALL NOT MAKE ANY
FURTHER SUCH CONTRIBUTIONS OR EXPENDITURES DURING THE REMAINDER OF
CALENDAR YEAR 1974.
(D) PROSECUTIONS OF VIOLATIONS OF THIS ACT SHALL BE BROUGHT BY THE
UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA IN THE NAME OF THE
UNITED STATES.
SEC. 702. (A) TITLE VI OF ARTICLE I OF THE DISTRICT OF COLUMBIA
INCOME AND FRANCHISE TAX ACT OF 1947 (D.C. CODE, SECS.
47-1567-47-1567E) //61 STAT. 343; 83 STAT. 179, D.C. CODE 47-1567F.//
IS AMENDED BY ADDING AT THE END OF THAT TITLE THE FOLLOWING:
"SEC. 7. (A) CREDIT FOR CAMPAIGN CONTRIBUTIONS.--FOR THE PURPOSE OF
ENCOURAGING RESIDENTS OF THE DISTRICT TO PARTICIPATE IN THE ELECTION
PROCESS IN THE DISTRICT, THERE SHALL BE ALLOWED TO AN INDIVIDUAL A
CREDIT AGAINST THE TAX (IF ANY) IMPOSED BY THIS ARTICLE IN AN AMOUNT
EQUAL TO 50 PER CENTUM OF ANY CAMPAIGN CONTRIBUTION MADE TO ANY
CANDIDATE FOR ELECTION TO ANY OFFICE REFERRED TO IN THE FIRST SECTION OF
THE DISTRICT OF COLUMBIA ELECTION ACT, //69 STAT. 699; 87 STAT. 832,
D.C CODE 1 - 1101.// BUT IN NO EVENT SHALL SUCH CREDIT EXCEED THE AMOUNT
OF $12.50, OR $25 IN THE CASE OF MARRIED PERSONS FILING A JOINT RETURN.
"(B) (1) A HUSBAND AND WIFE FILING SEPARATE RETURNS FOR A TAXABLE
YEAR FOR WHICH A JOINT RETURN COULD HAVE BEEN MADE BY THEM MAY CLAIM
BETWEEN THEM ONLY THE TOTAL CREDIT (OR REFUND) TO WHICH THEY WOULD HAVE
BEEN ENTITLED UNDER THIS SECTION HAD A JOINT RETURN BEEN FILED.
"(2) NO INDIVIDUAL FOR WHOM A PERSONAL EXEMPTION WAS ALLOWED ON
ANOTHER INDIVIDUAL'S RETURN SHALL BE ENTITLED TO A CREDIT (OR REFUND)
UNDER THIS SECTION.".
(B) THE TABLE OF CONTENTS OF SUCH ARTICLE IS AMENDED BY ADDING AT THE
END OF THE PART OF SUCH TABLE RELATING TO TITLE VI THE FOLLOWING:
"SEC. 7. CREDIT FOR CAMPAIGN CONTRIBUTIONS.".
SEC. 703. //D.C. CODE 1 - 1192.// WITHIN THE LIMITATIONS SPECIFIED
IN THIS ACT, ANY SURPLUS, RESIDUAL, OR UNEXPENDED CAMPAIGN FUNDS
RECEIVED BY OR ON BEHALF OF AN INDIVIDUAL WHO SEEKS NOMINATION FOR
ELECTION, OR ELECTION TO OFFICE SHALL BE CONTRIBUTED TO A POLITICAL
PARTY FOR POLITICAL PURPOSES, USED TO RETIRE THE PROPER DEBTS OF HIS
POLITICAL COMMITTEE WHICH RECEIVED SUCH FUNDS, OR RETURNED TO THE DONORS
AS FOLLOWS:
(1) IN THE CASE OF AN INDIVIDUAL DEFEATED IN AN ELECTION,
WITHIN SIX MONTHS FOLLOWING SUCH ELECTION;
(2) IN THE CASE OF AN INDIVIDUAL ELECTED TO OFFICE, WITHIN SIX
MONTHS FOLLOWING SUCH ELECTION; AND
(3) IN THE CASE OF AN INDIVIDUAL CEASING TO BE A CANDIDATE,
WITHIN SIX MONTHS THEREAFTER.
SEC. 704. //D.C. CODE 1 - 1121 NOTE.// (A) THE COUNCIL OF THE
DISTRICT OF COLUMBIA SHALL, DURING CALENDAR YEAR 1975, CONDUCT PUBLIC
HEARINGS AND OTHER APPROPRIATE INVESTIGATIONS ON (1) THE OPERATION AND
EFFECT OF THE DISTRICT OF COLUMBIA CAMPAIGN FINANCE REFORM ACT //ANTE,
P. 446.// AND THE DISTRICT OF COLUMBIA ELECTION ACT //69 STAT. 699; 87
STAT. 832, D.C. CODE 1 - 1101 NOTE.// ON THE ELECTIONS HELD IN THE
DISTRICT OF COLUMBIA DURING 1974; AND (2) THE NECESSITY AND
DESIRABILITY OF MODIFYING EITHER OR BOTH OF THOSE ACTS SO AS TO IMPROVE
ELECTORAL MACHINERY AND TO INSURE OPEN FAIR, AND EFFECTIVE ELECTION
CAMPAIGNS IN THE DISTRICT OF COLUMBIA.
(B) UPON THE CONCLUSION OF ITS HEARINGS AND INVESTIGATIONS THE
COUNCIL SHALL ISSUE A PUBLIC REPORT ON ITS FINDINGS AND RECOMMENDATIONS.
NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING THE LEGISLATIVE
AUTHORITY OVER ELECTIONS IN THE DISTRICT OF COLUMBIA VESTED IN THE
COUNCIL BY THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL
REORGANIZATION ACT. //87 STAT. 774, D.C. CODE 1 - 101 NOTE.//
SEC. 705. //D.C. CODE 1 - 1121 NOTE.// (A) TITLES II AND IV OF THIS
ACT SHALL TAKE EFFECT ON THE DATE OF ENACTMENT OF THIS ACT, EXCEPT THE
FIRST REPORT OR STATEMENT REQUIRED TO BE FILED BY ANY INDIVIDUAL OR
POLITICAL COMMITTEE UNDER THE PROVISIONS OF SUCH TITLES SHALL INCLUDE
THAT INFORMATION REQUIRED UNDER SECTION 13 (E) OF THE DISTRICT OF
COLUMBIA ELECTION ACT (D.C. CODE, SEC. 1 - 1113 (E)) WITH RESPECT TO
CONTRIBUTIONS AND EXPENDITURES MADE BEFORE THE DATE OF ENACTMENT OF THIS
ACT, BUT AFTER JANUARY 1, 1974.
(B) TITLES I, III, VI AND VII OF THIS ACT SHALL TAKE EFFECT ON THE
DATE OF ENACTMENT OF THIS ACT.
(C) TITLE V OF THIS ACT SHALL TAKE EFFECT JANUARY 2, 1975.
SEC. 706. (A) SECTION 13 OF THE DISTRICT OF COLUMBIA ELECTION ACT
(D.C. CODE, SEC. 1 - 1113) //69 STAT. 704; 85 STAT. 794.// IS AMENDED
TO READ AS FOLLOWS:
"SEC. 13. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF ANY
MONEY IN THE TREASURY TO THE CREDIT OF THE DISTRICT OF COLUMBIA NOT
OTHERWISE APPROPRIATED, SUCH SUMS AS ARE NECESSARY TO CARRY OUT THE
PURPOSES OF THIS ACT.".
(B) THE FIRST SENTENCE OF SUBSECTION (B) OF SECTION 4 OF SUCH ACT
(D.C. CODE, SEC. 1 - 1101) //69 STAT. 699; 85 STAT. 794.// IS AMENDED
TO READ AS FOLLOWS:
"(B) EACH MEMBER OF THE BOARD SHALL BE PAID COMPENSATION AT THE RATE
OF $100 FOR EACH EIGHT HOUR PERIOD WITH A LIMIT FO $12,500 PER ANNUM,
WHILE PERFORMING DUTIES UNDER THIS ACT, EXCEPT DURING 1974 SUCH
COMPENSATION SHALL BE PAID WITHOUT REGARD TO SUCH ANNUAL LIMITATION.".
(C) THE AMENDMENT MADE BY SUBSECTION (A) SHALL NOT AFFECT THE
LIABILITY OF ANY PERSON ARISING OUT OF ANY VIOLATION OF SECTION 13 OF
THE DISTRICT OF COLUMBIA ELECTION ACT COMMITTED BEFORE THE DATE OF
ENACTMENT OF THIS TITLE, AND ANY ACTION COMMENCED WITH RESPECT TO SUCH A
VIOLATION SHALL NOT ABATE. //D.C. CODE 1 - 1113 NOTE.//
SEC. 707. //D.C. CODE 1 - 1193.// NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, OR ANY RULE OF LAW, NOTHING IN THIS ACT SHALL BE
CONSTRUED AS LIMITING THE AUTHORITY OF THE DISTRICT OF COLUMBIA COUNCIL
TO ENACT ANY ACT OR RESOLUTION, AFTER JANUARY 2, 1975, PURSUANT TO THE
DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT
WITH RESPECT TO ANY MATTER COVERED BY THIS ACT. //87 STAT. 774, D. C.
CODE 1 - 101 NOTE.//
SEC. 708. //D.C. CODE 1 - 1121 NOTE.// AMOUNTS AUTHORIZED UNDER
SECTION 722 OF THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL
REORGANIZATION ACT MAY BE USED TO CARRY OUT THE PURPOSES OF THIS ACT.
//87 STAT. 821, D.C. CODE 1 - 1113 NOTE, 47 - 2501 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1080 (COMM. ON THE DISTRICT OF COLUMBIA) AND
NO. 93 - 1225 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 967 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 20, CONSIDERED AND PASSED HOUSE.
JUNE 27, CONSIDERED AND PASSED SENATE, AMENDED.
JULY 25, SENATE AGREED TO CONFERENCE REPORT.
AUG. 1, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-375, 88 STAT 446
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2 OF THE
ACT ENTITLED "AN ACT TO PROVIDE FOR THE REGULATION OF FARES FOR THE
TRANSPORTATION OF SCHOOLCHILDREN IN THE DISTRICT OF COLUMBIA", APPROVED
AUGUST 9, 1955 (D.C. CODE, SEC. 44-214A), //82 STAT. 1187, 85 STAT.
315, D.C. CODE 44-214A NOTE.// AS AMENDED BY AN ACT APPROVED OCTOBER 18,
1968, AND BY AN ACT APPROVED AUGUST 11, 1971, IS FURTHER AMENDED BY
DELETING "1974" AND SUBSTITUTING "1977".
SEC. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, OR ANY RULE OF
LAW, NOTHING IN THIS ACT (INCLUDING THE AMENDMENT MADE BY THIS ACT)
SHALL BE CONSTRUED AS LIMITING THE AUTHORITY OF THE COUNCIL OF THE
DISTRICT OF COLUMBIA TO ENACT ANY ACT OR RESOLUTION, AFTER JANUARY 2,
1975, PURSUANT TO THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND
GOVERNMENTAL REORGANIZATION ACT //87 STAT. 774, D.C. CODE 1 - 101
NOTE.// WITH RESPECT TO ANY MATTER COVERED BY THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT: NO. 93 - 1173 ACCOMPANYING H.R. 13608 (COMM. ON
DISTRICT OF COLUMBIA.
SENATE REPORT NO. 93 - 965 (COMM. ON DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 27, CONSIDERED AND PASSED SENATE.
JULY 9, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
13608.
JULY 30, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-374, 88 STAT 445
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8 OF THE
EXPORT-IMPORT BANK ACT OF 1945 //ANTE, P. 289.// IS AMENDED BY STRIKING
OUT "JULY 30" AND INSERTING IN LIEU THEREOF "SEPTEMBER 30".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 30, CONSIDERED AND PASSED SENATE.
AUG. 5, CONSIDERED AND PASSED HOUSE, AMENDED.
AUG. 7, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-373, 88 STAT 445
SELL, OR OTHERWISE DEAL WITH GOLD IN THE UNITED
STATES OR ABROAD.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE INTERNATIONAL
DEVELOPMENT ASSOCIATION ACT (22 U.S.C. 284 ET SEQ.) //74 STAT. 293; 86
STAT. 60, 22 USC 2841.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SECTION:
"SEC. 14. (A) THE UNITED STATES GOVERNOR IS HEREBY AUTHORIZED FOUR
ANNUAL INSTALLMENTS OF $375,000,000 EACH AS THE UNITED STATES
CONTRIBUTION TO THE FOURTH REPLENISHMENT OF THE RESOURCES OF THE
ASSOCIATION.
"(B) IN ORDER TO PAY FOR THE UNITED STATES CONTRIBUTION, THERE IS
HEREBY AUTHORIZED TO BE APPROPRIATED WITHOUT FISCAL YEAR LIMITATION FOUR
ANNUAL INSTALLMENTS OF $375,000,000 EACH FOR PAYMENT BY THE SECRETARY OF
THE TREASURY.".
SEC. 2. SUBSECTIONS 3 (B) AND (C) OF PUBLIC LAW 93 - 110 (87 STAT.
352) //31 USC 442 NOTES.// ARE REPEALED AND IN LIEU THEREOF ADD THE
FOLLOWING:
"(B) NO PROVISION OF ANY LAW IN EFFECT ON THE DATE OF ENACTMENT OF
THIS ACT, AND NO RULE, REGULATION, OR ORDER IN EFFECT ON THE DATE
SUBSECTIONS (A) AND (B) BECOME EFFECTIVE MAY BE CONSTRUED TO PROHIBIT
ANY PERSON FROM PURCHASING, HOLDING, SELLING, OR OTHERWISE DEALING WITH
GOLD IN THE UNITED STATES OR ABROAD.
"(C) THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF THIS SECTION SHALL
TAKE EFFECT EITHER ON DECEMBER 31, 1974, OR AT ANY TIME PRIOR TO SUCH
DATE THAT THE PRESIDENT FINDS AND REPORTS TO CONGRESS THAT INTERNATIONAL
MONETARY REFORM SHALL HAVE PORCEEDED TO THE POINT WHERE ELIMINATION OF
REGULATIONS ON PRIVATE OWNERSHIP OF GOLD WILL NOT ADVERSELY AFFECT THE
UNITED STATES' INTERNATIONAL MONETARY POSITION.".
SEC. 3. THE INTERNATIONAL DEVELOPMENT ASSOCIATION ACT (22 U.S.C. 284
ET SEQ.) //22 USC 284M.// THE UNITED STATES GOVERNOR IS AUTHORIZED AND
DIRECTED TO VOTE AGAINST ANY LOAN OR OTHER UTILIZATION OF THE FUNDS OF
THE ASSOCIATION FOR THE BENEFIT OF ANY COUNTRY WHICH DEVELOPS ANY
NUCLEAR EXPLOSIVE DEVICE, UNLESS THE COUNTRY IS OR BECOMES A STATE PARTY
TO THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS (21 UST 483)."
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 749 ACCOMPANYING H.R. 11354 (COMM. ON
BANKING AND CURRENCY) AND NO. 93 - 1142 ACCOMPANYING H.R. 15465 (COMM.
ON BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 834 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 22, 29, CONSIDERED AND PASSED SENATE.
JULY 2, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
15465.
JULY 25, SENATE CONCURRED IN HOUSE AMENDMENTS.
JULY 30, SENATE VITIATED ACTION OF JULY 25; CONCURRED IN HOUSE
AMENDMENTS WITH AN AMENDMENT.
JULY 31, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-372, 88 STAT 444
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 14 OF THE EXPORT
ADMINISTRATION ACT OF 1969 //ANTE, P. 287.// IS AMENDED BY STRIKING OUT
"JULY 30" AND INSERTING IN LIEU THEREOF "SEPTEMBER 30".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 5, CONSIDERED AND PASSED HOUSE.
AUG. 7, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-371, 88 STAT 424, LEGISLATIVE BRANCH APPROPRIATION 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, FOR THE LEGISLATIVE BRANCH FOR THE FISCAL YEAR ENDING JUNE
30, 1975, AND FOR OTHER PURPOSES, NAMELY:
COMPENSATION AND MILEAGE OF THE VICE PRESIDENT AND SENATORS OF THE
UNITED STATES, $4,790,695.
EXPENSES ALLOWANCES OF VICE PRESIDENT, $10,000; MAJORITY LEADER OF
THE SENATE, $3,000; AND MINORITY LEADER OF THE SENATE, $3,000; IN ALL,
$16,000.
FOR COMPENSATION OF OFFICERS, EMPLOYEES, CLERKS TO SENATORS, AND
OTHERS AS AUTHORIZED BY LAW, INCLUDING AGENCY CONTRIBUTIONS AND
LONGEVITY COMPENSATION AS AUTHORIZED, WHICH SHALL BE PAID FROM THIS
APPROPRIATION WITHOUT REGARD TO THE BELOW LIMITATIONS, AS FOLLOWS:
FOR CLERICAL ASSISTANCE TO THE VICE PRESIDENT, $552,045.
FOR OFFICES OF THE MAJORITY AND MINORITY WHIPS
FOR OFFICES OF THE MAJORITY AND MINORITY WHIPS, $110,580.
FOR OFFICE OF THE CHAPLAIN, $28,500: PROVIDED, THAT EFFECTIVE JULY
1, 1974, THE CHAPLAIN MAY FIX THE PER ANNUM COMPENSATION OF THE
SECRETARY TO THE CHAPLAIN AT NOT TO EXCEED $12,540 PER ANNUM IN LIEU OF
$9,120 PER ANNUM. //2 USC 61D-1.//
FOR OFFICE OF THE SECRETARY, $2,691,345, INCLUDING $110,010 REQUIRED
FOR THE PURPOSE SPECIFIED AND AUTHORIZED BY SECTION 74B OF TITLE 2,
UNITED STATES CODE. //60 STAT. 839.//
FOR PROFESSIONAL AND CLERICAL ASSISTANCE TO STANDING COMMITTEES AND
THE SELECT COMMITTEE ON SMALL BUSINESS, $8,069,490.
FOR CLERICAL ASSISTANCE TO THE CONFERENCE OF THE MAJORITY, AT RATES
OF COMPENSATION TO BE FIXED BY THE CHAIRMAN OF SAID COMMITTEE, $174,135.
FOR CLERICAL ASSISTANCE TO THE CONFERENCE OF THE MINORITY, AT RATES
OF COMPENSATION TO BE FIXED BY THE CHAIRMAN OF SAID COMMITTEE, $174,135.
FOR ADMINISTRATIVE AND CLERICAL ASSISTANTS TO SENATORS, $42,477,540:
PROVIDED, THAT EFFECTIVE JANUARY 1, 1974, THE CLERK HIRE ALLOWANCE OF
EACH SENATOR FROM THE STATES OF ARKANSAS AND ARIZONA SHALL BE INCREASED
TO THAT ALLOWED SENATORS FROM STATES HAVING A POPULATION OF TWO MILLION,
THE POPULATION OF EACH SAID STATE HAVING EXCEEDED TWO MILLION
INHABITANTS. //2 USC 61 - 1 NOTE.//
FOR OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER, $11,998,500:
PROVIDED, THAT EFFECTIVE JULY 1, 1974, THE SERGEANT AT ARMS MAY APPOINT
AND FIX THE COMPENSATION OF THE FOLLOWING POSITIONS (A) IN THE COMPUTER
CENTER: FOUR SENIOR COMPUTER SPECIALISTS AT NOT TO EXCEED $24,225 PER
ANNUM EACH; SEVEN SENIOR PROGRAMMER ANALYSTS AT NOT TO EXCEED $22,515
PER ANNUM EACH IN LIEU OF FIVE SENIOR PROGRAMMER ANALYSTS AT $22,515 PER
ANNUM EACH; THREE SYSTEMS ANALYSTS AT NOT TO EXCEED $20,805 PER ANNUM
EACH; FIVE SYSTEMS PROGRAMMERS AT NOT TO EXCEED $20,805 PER ANNUM EACH;
IN LIEU OF THREE SYSTMES PROGRAMMERS AT $20,805 PER ANNUM EACH; EIGHT
PROGRAMMER ANALYSTS AT NOT TO EXCEED $20,805 PER ANNUM EACH; FOUR
COMPUTER SPECIALISTS AT NOT TO EXCEED $18,240 PER ANNUM EACH; A
SECRETARY-RECEPTIONIST AT NOT TO EXCEED $11,115 PER ANNUM; A SECRETARY
AT $10,260 PER ANNUM; A SYSTEMS SUPERVISOR AT NOT TO EXCEED $26,790 PER
ANNUM IN LIEU OF A SYSTEMS SUPERVISOR AT $25,080 PER ANNUM; (B) IN THE
SERVICE DEPARTMENT: AN EQUIPMENT SUPERVISOR AT NOT TO EXCEED $18,240
PER ANNUM; AN ASSISTANT EQUIPMENT SUPERVISOR AT NOT TO EXCEED $14,820
PER ANNUM; A SECRETART-RECEPTIONIST AT NOT TO EXCEED $11,115 PER ANNUM;
A SECRETARY AT NOT TO EXCEED $9,975 PER ANNUM; SIX CAMERAMEN AT NOT TO
EXCEED $10,260 PER ANNUM EACH; A FILM PROCESSOR AT NOT TO EXCEED
$11,115 PER ANNUM; AN ASSISTANT FILM PROCESSOR AT NOT TO EXCEED $10,545
PER ANNUM; TEN MESSENGERS AT NOT TO EXCEED $8,265 PER ANNUM EACH IN
LIEU OF SEVEN MESSENGERS AT $8,265 PER ANNUM EACH; (C) IN SENATE POST
OFFICE: A MAIL SUPERVISOR AT NOT TO EXCEED $11,115 PER ANNUM;
SIXTY-THREE MAIL CARRIERS AT NOT TO EXCEED $9,975 PER ANNUM EACH IN LIEU
OF FIFTY-SEVEN MAIL CARRIERS AT $9,975 PER ANNUM EACH; (D) IN THE
CABINET SHOP: A CHIEF CABINETMAKER AT NOT TO EXCEED $18,525 PER ANNUM
IN LIEU OF $15,960 PER ANNUM; AN ASSISTANT CHIEF CABINETMAKER AT NOT TO
EXCEED $17,670 PER ANNUM IN LIEU OF $13,680 PER ANNUM; TWO
CABINETMAKERS AT NOT TO EXCEED $13,395 PER ANNUM EACH IN LIEU OF $12,255
PER ANNUM EACH; A CABINETMAKER AT NOT TO EXCEED $12,225 PER ANNUN; A
FINISHER AT NOT TO EXCEED $13,395 PER ANNUM IN LIEU OF $12,255 PER
ANNUM; AN UPHOLSTERER AT NOT TO EXCEED $13,395 PER ANNUM IN LIEU OF
$12,255 PER ANNUM; AND (E) TWELVE LIEUTENANTS, POLICE FORCE AT NOT TO
EXCEED $17,100 PER ANNUM EACH IN LIEU OF TEN LIEUTENANTS AT $17,100 PER
ANNUM EACH; FORTY-SIX SERGEANTS, POLICE FORCE AT NOT TO EXCEED $14,250
PER ANNUM EACH IN LIEU OF FORTY SERGEANTS AT $14,250 PER ANNUM EACH;
389 PRIVATES, POLICE FORCE AT NOT TO EXCEED $10,830 PER ANNUM EACH IN
LIEU OF 342 PRIVATES AT $10,830 PER ANNUM EACH.
FOR OFFICES OF THE SECRETARY FOR THE MAJORITY AND THE SECRETARY FOR
THE MINORITY, $265,050.
FOR AGENCY CONTRIBUTIONS FOR EMPLOYEE BENEFITS AND LONGEVITY
COMPENSATION, AS AUTHORIZED BY LAW, $4,000,000.
FOR SALARIES AND EXPENSES OF THE OFFICE OF THE LEGISLATIVE COUNSEL OF
THE SENATE, $521,740.
FOR COMPILING, PREPARING, AND EDITING "SENATE PROCEDURE", 1974
EDITION, $5,000, TO BE PAID TO FLOYD M. RIDDICK, PARLIAMENTARIAN OF THE
SENATE.
FOR SALARIES AND EXPENSES OF THE MAJORITY POLICY COMMITTEE AND THE
MINORITY POLICY COMMITTEE, $342,780 FOR EACH SUCH COMMITTEE; IN ALL,
$685,560.
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 THE MAILS, AND
FOR OFFICIAL USE OF THE OFFICES OF THE SECRETARY AND SERGEANT AT ARMS,
$40,000.
FOR EXPENSES OF INQUIRIES AND INVESTIGATIONS ORDERED BY THE SENATE,
OR CONDUCTED PURSUANT TO SECTION 134(A) OF PUBLIC LAW 601, SEVENTY-NINTH
CONGRESS, //60 STAT. 831, 2 USC 190B.// INCLUDING $538,205 FOR THE
COMMITTEE ON APPROPRIATIONS, TO BE AVAILABLE ALSO FOR THE PURPOSES
MENTIONED IN SENATE RESOLUTION NUMBERED 193, AGREED TO OCTOBER 14, 1943,
$16,253,175.
FOR THE EMPLOYMENT OF PERSONNEL FOR FOLDING SPEECHES AND PAMPHLETS AT
A GROSS RATE OF NOT EXCEEDING $3.68 PER HOUR PER PERSON, $82,045.
FOR MISCELLANEOUS ITEMS, $12,921,450.
FOR POSTAGE STAMPS FOR THE OFFICES OF THE SECRETARIES FOR THE
MAJORITY AND MINORITY, $320; CHAPLAIN, $100; AND FOR THE 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 STATIONERY FOR THE PRESIDENT OF THE SENATE, $3,600, AND FOR
COMMITTEES AND OFFICERS OF THE SENATE, $21,850; IN ALL, $25,450.
1. THE PARAGRAPH UNDER THE HEADING "ADMINISTRATIVE PROVISION" IN
CHAPTER IV OF THE SUPPLEMENTAL APPROPRIATIONS ACT, 1972 (2 U.S.C 64B)
//2 USC 64B, 85 STAT. 635.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: "IN THE EVENT THAT THE SECRETARY OF THE SENATE IS ABSENT OR
IS TO BE ABSENT FOR REASONS OTHER THAN DISABILITY (AS PROVIDED IN THIS
PARAGRAPH), AND MAKES A WRITTEN DESIGNATION THAT HE IS OR WILL BE SO
ABSENT, THE ASSISTANT SECRETARY SHALL ACT DURING SUCH ABSENCE AS THE
SECRETARY IN CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF THE OFFICE
IN ALL MATTERS, EXCEPT THOSE MATTERS RELATING TO THE SECRETARY^S DUTIES
AS SUCH DISBURSING OFFICER. THE DESIGNATION MAY BE REVOKED IN WRITING
AT ANY TIME BY THE SECRETARY, AND IS REVOKED WHENEVER THE SECRETARY
MAKING THE DESIGNATION DIES, RESIGNS, OR IS CONSIDERED DISABLED IN
ACCORDANCE WITH THIS PARAGRAPH."
2. (A) WHENEVER--- //2 USC 60C-3.//
(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 SECRETARY OF THE SENATE 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) WHOSE PAY IS DISBURSED BY THE SECRETARY; AND
(B) WHO REQUEST THE SECRETARY TO MAKE SUCH WITHHOLDING FOR
REMITTANCE TO THAT STATE.
(B) ANY AGREEMENT ENTERED INTO UNDER SUBSECTION(A) OF THIS SECTION
SHALL NOT REQUIRE THE SECRETARY TO REMIT SUCH SUMS MORE OFTEN THAN ONCE
EACH CALENDAR QAUARTER.
(C) (1) AN INDIVIDUAL WHOSE PAY IS DISBURSED BY THE SECRETARY MAY
REQUEST THE SECRETARY 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
MONTH COMMENCING AFTER THE DAY ON WHICH THE REQUEST IS RECEIVED IN THE
DISBURSING OFFICE OF THE SENATE, EXCEPT THAT---,
(A) WHEN THE SECRETARY FIRST ENTERS INTO AN AGREEMENT WITH A
STATE, A REQUEST FOR WITHHOLDINGS SHALL BE EFFECTIVE ON SUCH DATE
AS THE SECRETARY MAY DETERMINE; AND
(B) WHEN AN INDIVIDUAL FIRST RECEIVES AND 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 DESIGNATED BY HIM FOR THE
PURPOSES 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 OR REVOCATION IS
EFFECTIVE ON THE FIRST MONTH COMMENCING AFTER THE DAY ON WHICH THE
REQUEST FOR CHANGE OR THE REVOCATION IS RECEIVED IN THE DISBURSING
OFFICE.
(4) THE SECRETARY IS AUTHORIZED TO ISSUE RULES AND REGULATIONS HE
CONSIDERS APPROPRIATE IN CARRYING OUT THIS SUBSECTION.
(D) THE SECRETARY 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, THE SENATE, 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,
THE SENATE OR ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TO ANY
PENALTY OR LIABILITY BY REASON OF THE PROVISIONS OF THIS SECTION. ANY
PAPER, FORM, OR DOCUMENT FILED WITH THE SECRETARY UNDER THIS SECTION IS
A PAPER OF THE SENATE WITHIN THE PROVISIONS OF RULE XXX OF THE STANDING
RULES OF THE SENATE.
(F) FOR THE PURPOSES OF THIS SECTION, "STATE" MEANS ANY OF THE STATES
OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA.
3. (A) THE SERGEANT AT ARMS OF THE SENATE SHALL SECURE FOR EACH
SENATOR OFFICE SPACE SUITABLE FOR THE SENATOR'S OFFICIAL USE IN PLACES
DESIGNATED BY THE SENATOR IN THE STATE HE REPRESENTS. THAT SPACE SHALL
BE SECURED IN POST OFFICES OR OTHER FEDERAL BUILDINGS AT SUCH PLACES.
IN THE EVENT SUITABLE OFFICE SPACE IS NOT AVAILABLE IN POST OFFICES OR
OTHER FEDERAL BUILDINGS, THE SERGEANT AT ARMS SHALL SECURE OTHER OFFICE
SPACE IN THOSE PLACES. //2 USC 59.//
(B) THE AGGREGATE SQUARE FEET OF OFFICE SPACE SECURED FOR SENATOR
SHALL NOT AT ANY TIME EXCEED---
(1) 4,800 SQUARE FEET IF THE POPULATION OF HIS STATE IS LESS
THAN 2,000,000;
(2) 5,000 SQUARE FEET IF SUCH POPULATION IS 2,000,000 BUT LESS
THAN 3,000,000;
(3) 5,200 SQUARE FEET IF SUCH POPULATION IS 3,000,000 BUT LESS
THAN 4,000,000;
(4) 5,400 SQUARE FEET IF SUCH POPULATION IS 4,000,000 BUT LESS
THAN 5,000,000;
(5) 5,800 SQUARE FEET IF SUCH POPULATION IS 5,000,000 BUT LESS
THAN 7,000,000;
(6) 6,200 SQUARE FEET IF SUCH POPULATION IS 7,000,000 BUT LESS
THAN 9,000,000;
(7) 6,400 SQUARE FEET IF SUCH POPULATION IS 9,000,000 BUT LESS
THAN 10,000,000;
(8) 6,600 SQUARE FEET IS SUCH POPULATION IS 10,000,000 BUT LESS
THAN 11,000,000;
(9) 6,800 SQUARE FEET IF SUCH POPULATION IS 11,000,000 BUT LESS
THAN 12,000,000;
(10) 7,000 SQUARE FEET IF SUCH POPULATION IS 12,000,000 BUT
LESS THAN 13,000,000;
(11) 7,400 SQUARE FEET IF SUCH POPULATION IS 13,000,000 BUT
LESS THAN 15,000,000;
(12) 7,800 SQUARE FEET IF SUCH POPULATION IS 15,000,000 BUT
LESS THAN 17,000,000; OR
(13) 8,000 SQUARE FEET IF SUCH POPULATION IS 17,000,000 OR
MORE.
(C) THE MAXIMUM ANNUAL RATE THAT MAY BE PAID FOR THE RENTAL OF AN
OFFICE SECURED FOR A SENATOR NOT IN A POST OFFICE OR OTHER FEDERAL
BUILDING SHALL NOT AT ANY TIME EXCEED THE APPLICABLE RATE PER SQUARE
FOOT CHARGED FEDERAL AGENCIES BY THE ADMINISTRATOR OF GENERAL SERVICES,
BASED UPON A 100 PERCENT BUILDING QUALITY RATING, FOR OFFICE SPACE
LOCATED IN THE PLACE IN WHICH THE SENATOR'S OFFICE IS LOCATED,
MULTIPLIED BY THE NUMBER OF SQUARE FEET CONTAINED IN THAT OFFICE USED BY
THE SENATOR AND HIS EMPLOYEES TO PERFORM THEIR DUTIES.
(D) (1) NOTWITHSTANDING SUBSECTION (B), THE AGGREGATE SQUARE FEET OF
OFFICE SPACE SECURED FOR A SENATOR WHO IS A SENATOR ON JULY 1, 1974,
SHALL NOT AT ANY TIME EXCEED, AS LONG AS HE CONTINUOUSLY SERVES AS A
SENATOR, THE GREATER OF---,
(A) THE APPLICABLE SQUARE FOOTAGE LIMITATION OF SUCH
SUBSECTION; OR
(B) THE TOTAL SQUARE FOOTAGE OF THOSE OFFICES THAT THE SENATOR
HAS ON SUCH DATE AND WHICH ARE CONTINUOUSLY MAINTAINED IN THE SAME
BUILDINGS IN WHICH SUCH OFFICES WERE LOCATED ON SUCH DATE.
(2) THE PROVISIONS OF SUBSECTION (C) DO NOT APPLY TO ANY OFFICE THAT
A SENATOR HAS ON JULY 1, 1974, NOT IN A POST OFFICE OR OTHER FEDERAL
BUILDING, AS LONG AS---,
(A) THAT SENATOR CONTINUOUSLY SERVES AS A SENATOR; AND
(B) THAT OFFICE IS MAINTAINED IN THE SAME BUILDING WHICH IT WAS
LOCATED ON SUCH DATE AND CONTAINS NOT MORE THAN THE SAME NUMBER OF
SQUARE FEET IT CONTAINED ON SUCH DATE.
(E) CLAUSE (4) OF SUBSECTION (A), THE LAST SENTENCE OF SUBSECTION
(C), AND SUBSECTION (D) OF SECTION 506 OF THE SUPPLEMENTAL
APPROPRIATIONS ACT, 1973, ARE REPEALED. //86 STAT. 1505, 2 USC 58.//
(F) THIS SECTION IS EFFECTIVE ON AND AFTER JULY 1, 197J.
4. 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 $38,190. //2 USC 59 NOTE, 2
USC 61A, 61E, 63A, 273, 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 $38,190. //2 USC 274 NOTE.//
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 $37,620. //2 USC 61H-1, 61H.// THE
ADMINISTRATIVE ASSISTANT IN THE OFFICE OF THE MAJORITY LEADER, THE
ASSISTANT SECRETARY FOR THE MAJORITY, THE ADMINISTRATIVE ASSISTANT IN
THE OFFICE OF THE MINORITY LEADER, AND THE ASSISTANT SECRETARY FOR THE
MINORITY MAY EACH BE PAID AT A MAXIMUM ANNUAL RATE OF COMPENSATION NOT
TO EXCEED $36,765. 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 $35,625. THE TWO COMMITTEE EMPLOYEES OTHER THAN JOINT
COMMITTEE EMPLOYEES REFERRED TO IN CLAUSE (A), AND THE THREE COMMITTEE
EMPLOYEES REFERRED TO IN CLAUSE (B), OF SECTION 105(E)(3) OF THE
LEGISLATIVE BRANCH APPROPRIATION ACT, 19658, AS AMENDED AND MODIFIED,
//84 STAT. 1181; 86 STAT. 1505, 2 USC 61 - 1.// MAY EACH BE PAID AT A
MAXIMUM ANNUAL RATE OF COMPENSATION NOT TO EXCEED $37,050. THE FOUR
COMMITTEE EMPLOYEES OTHER THAN JOINT COMMITTEE EMPLOYEES REFERRED TO IN
SUCH CLAUSE (A) AND THE SIXTEEN COMMITTEE EMPLOYEES REFERRED TO IN SUCH
CLAUSE (B) MAY EACH BE PAID AT A MAXIMUM ANNUAL RATE OF COMPENSATION NO
TO EXCEED $36,625. THE ONE EMPLOYEE IN A SENATOR'S OFFICE REFERRED TO
IN SECTION 105 (D) (2) (II) OF SUCH ACT //81 STAT. 142; 87 STAT.
532.// MAY BE PAID AT A MAXIMUM ANNUAL RATE OF COMPENSATION NOT TO
EXCEED $37,050. ANY OFFICER OR EMPLOYEE WHOSE PAY IS SUBJECT TO THE
MAXIMUM LIMITATION REFERRED TO IN SECTION 105 (F) OF SUCH ACT //84 STAT.
1181, 2 USC 60A NOTE.// MAY BE PAID AT A MAXIMUM ANNUAL RATE OF
COMPENSATION NOT TO EXCEED $37,050. THIS PARAGRAPH 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. //84 STAT. 1952; 86 STAT. 575.// THIS
PARAGRAPH IS EFFECTIVE JULY 1, 1974. //2 USC 60A NOTE.//
5. EFFECTIVE JULY 1, 1974, THE LAST FULL PARAGRAPH UNDER THE HEADING
"ADMINISTRATIVE PROVISIONS" IN THE APPROPRIATION FOR THE SENATE IN THE
LEGISLATIVE BRANCH APPROPRIATION ACT, 1972, //85 STAT. 128, 40 USC
206C.// IS AMENDED TO READ AS FOLLOWS:
"EACH OFFICER OR MEMBER OF THE CAPITOL POLICE FORCE WHOSE
COMPENSATION IS DISBURSED BY THE SECRETARY OF THE SENATE, WHO PERFORMS
DUTY IN ADDITION TO THE NUMBER OF HOURS OF HIS REGULARLY SCHEDULED TOUR
OF DUTY FOR ANY DAY ON OR AFTER JULY 1, 1974, IS ENTITLED TO BE PAID
COMPENSATION (WHEN ORDERED TO PERFORM SUCH DUTY BY PROPER AUTHORITY) OR
RECEIVE COMPENSATORY TIME OFF FOR EACH SUCH ADDITIONAL HOUR OF DUTY,
EXCEPT THAT AN OFFICER SHALL BE ENTITLED TO SUCH COMPENSATION ONLY UPON
A DETERMINATION MADE BY THE CAPITOL POLICE BOARD WITH RESPECT TO ANY
ADDITIONAL HOURS. COMPENSATION OF AN OFFICER OR MEMBER FOR EACH
ADDITIONAL HOUR OF DUTY SHALL BE PAID AT A RATE EQUAL TO HIS HOURLY RATE
OF COMPENSATION IN THE CASE OF AN OFFICER, AND AT A RATE EQUAL TO ONE
AND ONE-HALF TIMES HIS HOURLY RATE OF COMPENSATION FOR A MEMBER OF SUCH
FORCE. THE HOURLY RATE OF COMPENSATION OF SUCH OFFICER OR MEMBER SHALL
BE DETERMINED BY DIVIDING HIS ANNUAL RATE OF COMPENSATION BY 2,080. ANY
OFFICER OR MEMBER ENTITLED TO BE PAID COMPENSATION FOR SUCH ADDITIONAL
HOURS SHALL MAKE A WRITTEN ELECTION, WHICH IS IRREVOCABLE, WHETHER HE
DESIRES TO BE PAID THAT COMPENSATION OR TO RECEIVE COMPENSATORY TIME OFF
INSTEAD FOR EACH SUCH HOUR. COMPENSATION DUE OFFICERS AND MEMBERS UNDER
THIS PARAGRAPH SHALL BE PAID BY THE SECRETARY, UPON CERTIFICATION BY THE
CHIEF OF THE CAPITOL POLICE AT THE END OF EACH CALENDAR QUARTER AND
APPROVAL OF THE CAPITOL POLICE BOARD, FROM FUNDS AVAILABLE IN THE SENATE
APPROPRIATION, 'SALARIES, OFFICERS AND EMPLOYEES' FOR THE FISCAL YEAR IN
WHICH THE ADDITIONAL HOURS OF DUTY ARE PERFORMED WITHOUT REGARD TO THE
LIMITATIONS SPECIFIED THEREIN. ANY COMPENSATORY TIME OFF ACRUED AND NOT
USED BY AN OFFICER OR MEMBER AT THE TIME HE IS SEPARATED FORM SERVICE ON
THE CAPITOL POLICE FORCE MAY NOT BE TRANSFERRED TO ANY OTHER DEPARTMENT,
AGENCY, OR ESTABLISHMENT OF THE UNITED STATES GOVERNMENT OR THE
GOVERNMENT OF THE DISTRICT OF COLUMBIA, AND NO LUMP-SUM AMOUNT SHALL BE
PAID FOR SUCH ACCRUED TIME. THE CAPITOL POLICE BOARD IS AUTHORIZED TO
PRESCRIBE REGULATIONS TO CARRY OUT THIS PARAGRAPH.".
6. EFFECTIVE JULY 1, 1974, THE FIRST SENTENCE OF SECTION 105 (D) (1)
(A) OF THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1968, AS AMENDED AND
MODIFIED, //87 STAT. 533, 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:
"$370,215 IF THE POPULATION OF HIS STATE IS LESS THAN
2,000,000;
"$381,330 IF SUCH POPULATION IS 2,000,000 BUT LESS THAN
3,000,000;
"$408,120 IF SUCH POPULATION IS 3,000,000 BUT LESS THAN
4,000,000;
"$442,605 IF SUCH POPULATION IS 4,000,000 BUT LESS THAN
5,000,000;
"$470,820 IF SUCH POPULATION IS 5,000,000 BUT LESS THAN
7,000,000;
"$500,460 IF SUCH POPULATION IS 7,000,000 BUT LESS THAN
9,000,000;
"$532,665 IF SUCH POPULATION IS 9,000,000 BUT LESS THAN
10,000,000;
"$557,460 IF SUCH POPULATION IS 10,000,000 BUT LESS THAN
11,000,000;
"$589,950 IF SUCH POPULATION IS 11,000,000 BUT LESS THAN
12,000,000;
"$614,745 IF SUCH POPULATION IS 12,000,000 BUT LESS THAN
13,000,000;
"$646,380 IF SUCH POPULATION 13,000,000 BUT LESS THAN
15,000,000;
"$678,015 IF SUCH POPULATION IS 15,000,000 BUT LESS THAN
17,000,000;
"$709,650 IF SUCH POPULATION IS 17,000,000 OR MORE."
7. ANY WITNESS REQUESTED TO APPEAR BEFORE THE MAJORITY POLICY
COMMITTEE OR THE MINORITY POLICY COMMITTEE SHALL BE ENTITLED TO A
WITNESS FEE FOR EACH FULL DAY SPENT IN TRAVELING TO AND FROM THE PLACE
AT WHICH HE IS TO APPEAR, AND REIMBURSEMENT OF ACTUAL AND NECESSARY
TRANSPORTATION EXPENSES INCURRED IN TRAVELING TO AND FROM THAT PLACE, AT
RATES NOT TO EXCEED THOSE RATES PAID WITNESSES APPEARING BEFORE
COMMITTEES OF THE SENATE. //2 USC 195B.//
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 DISTRICT OF COLUMBIA, THE DELEGATE FROM GUAM, AND THE
DELEGATE FROM THE VIRGIN ISLANDS), $20,373,580.
FOR MILEAGE OF MEMBERS, AS AUTHORIZED BY LAW, $210,000.
FOR SALARIES AND EXPENSES, AS AUTHORIZED BY LAW, $1,095,655,
INCLUDING: OFFICE OF THE SPEAKER, $316,090, INCLUDING $10,000 FOR
OFFICIAL EXPENSES OF THE SPEAKER; OFFICE OF THE MAJORITY FLOOR LEADER;
MINORITY FLOOR LEADER, $174,185, INCLUDING $3,000 FOR OFFICIAL EXPENSES
OF THE MINORITY LEADER; MAJORITY WHIP, $188,445, INCLUDING NOT TO
EXCEED $41,910 FOR THE CHIEF DEPUTY MAJORITY WHIP; MINORITY WHIP,
$188,445, INCLUDING NOT TO EXCEED $41,910 FOR THE CHIEF DEPUTY MINORITY
WHIP.
FOR COMPENSATION AND EXPENSES OF OFFICERS AND EMPLOYEES, AS
AUTHORIZED BY LAW, $16,548,150, INCLUDING: OFFICE OF THE CLERK,
$3,726,145; OFFICE OF THE SERGEANT AT ARMS, $6,771,610; OFFICE OF THE
DOORKEEPER, $3,166,205; OFFICE OF THE POSTMASTER, $924,645, INCLUDING
$16,840 FOR EMPLOYMENT OF SUBSTITUTE MESSENGERS AND EXTRA SERVICES OR
REGULAR EMPLOYEES WHEN REQUIRED AT THE SALARY RATE OF NOT TO EXCEED
$9,091 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, $196,020; FOR COMPILING THE PRECEDENTS OF THE
HOUSE OF REPRESENTATIVES, $195,000; OFFICIAL REPORTERS OF DEBATES,
$467,685; OFFICIAL REPORTERS TO COMMITTEES, $520,395; TWO PRINTING
CLERKS, ONE FOR THE MAJORITY APPOINTED BY THE MAJORITY LEADER AND ONE
FOR THE MINORITY APPOINTED BY THE MINORITY LEADER, $26,935 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, $24,205; THE HOUSE DEMOCRATIC STEERING
COMMITTEE, $148,710; THE HOUSE REPUBLICAN CONFERENCE, $148,710; AND
SIX MINORITY EMPLOYEES, $212,115.
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 PROFESSIONAL AND CLERICAL EMPLOYEES OF STANDING COMMITTEES,
INCLUDING THE COMMITTEE ON APPROPRIATIONS, $85,624,000.
FOR SALARIES AND EXPENSES, STUDIES AND EXAMINATIONS OF EXECUTIVE
AGENCIESK, 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, //60 STAT. 5834, 2
USC 72A.// AND TO BE AVAILABLE FOR REIMBURSEMENT TO AGENCIES FOR
SERVICES PERFORMED, $1,875,000.
FOR SALARIES AND EXPENSES OF THE OFFICE OF THE LEGISLATIVE COUNSEL OF
THE HOUSE, $1,067,000.
FOR STAFF EMPLOYED BY EACH MEMBER IN THE DISCHARGE OF HIS OFFICIAL
AND REPRESENTATIVE DUTIES, $80,000,000.
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
AUTOMOBILE 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 3485, APPROVED JUNE 29, 1961, $12,059,700.
FOR TELEGRAPH AND TELEPHONE SERVICE, EXCLUSIVE OF PERSONAL SERVICES,
$6,000,000.
FOR A STATIONERY ALLOWANCE FOR EACH MEMBER FOR THE FIRST SESSION OF
THE NINETY-FOURTH CONGRESS, AS AUTHORIZED BY LAW, $2,304,750, TO REMAIN
AVAILABLE UNTIL EXPENDED.
POSTAGE STAMP ALLOWANCES FOR THE FIRST SESSION OF THE NINETY-FOURTH
CONGRESS, AS AUTHORIZED BY LAW, $419,530.
FOR CONTRIBUTIONS TO EMPLOYEES LIFE INSURANCE FUND, RETIREMENT FUND,
AND HEALTH BENEFITS FUND, AS AUTHORIZED BY LAW, $6,668,900, AND IN
ADDITION, SUCH AMOUNTS AS MAY BE NECESSARY MAY BE TRANSFERRED FROM THE
APPROPRIATION FOR "MISCELLANEOUS ITEMS".
FOR SALARIES AND EXPENSES OF SPECIAL AND SELECT COMMITTEES AUTHORIZED
BY THE HOUSE, $14,618,000.
FOR STENOGRAPHIC REPORTS OF HEARINGS OF COMMITTEES OTHER THAN SPECIAL
AND SELECT COMMITTEES, $422,500.
FOR PURCHASE AND REPAIR OF FURNITURE, CARPETS AND DRAPERIES,
INCLUDING SUPPLIES, TOOLS AND EQUIPMENT FOR REPAIR SHOPS; AND FOR
PURCHASE OF PACKING BOXES, $996,000.
FOR PURCHASE, EXCHANGE, HIRE, DRIVING, MAINTENANCE, REPAIR, AND
OPERATION OF AUTOMOBILES FOR THE LEADERSHIP OF THE HOUSE OF
REPRESENTATIVES,K INCLUDING ONE EACH FOR THE SPEAKER, THE MAJORITY
LEADER, AND THE MINORITY LEADERK, $61,095.
FOR PREPARATION AND EDITING OF THE LAWS AS AUTHORIZED BY 1 U.S.C.
202, 203, 213, $39,980, TO BE EXPENDED UNDER THE DIRECTION OF THE
COMMITTEE ON THE JUDICIARY. //61 STAT. 637.//
FOR THE PREPARATION OF A NEW EDITION OF THE DISTRICT OF COLUMBIA
CODE, $100,000, TO REMAIN AVAILABLE UNTIL EXPENDED, AND TO BE EXPENDED
UNDER THE DIRECTION OF THE COMMITTEE ON THE JUDICIARY.
THE PROVISIONS OF HOUSE RESOLUTION 427, NINETY-THIRD CONGRESS,
RELATING TO POSTAGE STAMPS FOR THE CHAPLAIN OF THE HOUSE OF
REPRESENTATIVES, SHALL BE THE PERMANENT LAW WITH RESPECT THERETO.
FOR JOINT COMMITTEES, AS FOLLOWS:
FOR AN AMOUNT TO ENABLE THE JOINT COMMITTEE ON REDUCTION OF FEDERAL
EXPENDITURES TO CARRY OUT THE DUTIES IMPOSED UPON IT BY SECTION 601 OF
THE REVENUE ACT OF 1941 (55 STAT. 726), //79 STAT. 1026.// TO REMAIN
AVAILABLE DURING THE EXISTENCE OF THE COMMITTEE, $80,400, TO BE
DISBURSED BY THE SECRETARY OF THE SENATE.
FOR SALARIES AND EXPENSES OF THE JOINT ECONOMIC COMMITTEE, $950,000.
FOR AN AMOUNT (TO BE DISBURSED BY THE SECRETARY OF THE SENATE ON
VOUCHERS SIGNED BY THE CHAIRMAN OR VICE CHAIRMAN AND THE CHAIRMAN OF THE
SUBCOMMITTEE) FOR THE SUBCOMMITTEE ON FISCAL POLICY, $135,000, TO BE
AVAILABLE UNTIL DECEMBER 31, 1974.
FOR SALARIES AND EXPENSES OF THE JOINT COMMITTEE ON ATOMIC ENERGY,
$611,345.
FOR SALARIES AND EXPENSES OF THE JOINT COMMITTEE ON PRINTING,
$349,100.
FOR SALARIES AND EXPENSES OF THE JOINT COMMITTEE ON INTERNAL REVENUE
TAXATION, $1,106,165.
FOR SALARIES AND EXPENSES OF THE JOINT COMMITTEE ON DEFENSE
PRODUCTION, $154,050.
FOR SALARIES AND EXPENSES OF THE JOINT COMMITTEE ON CONGRESSIONAL
OPERATIONS, INCLUDING THE OFFICE OF PLACEMENT AND OFFICE MANAGEMENT,
$600,000.
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 ONE THOUSAND DOLLARS PER MONTH TO THE
ATTENDING PHYSICIAN; (2) AN ALLOWANCE OF SIX HUNDRED DOLLARS PER MONTH
TO ONE SENIOR MEDICAL OFFICER WHILE ON DUTY IN THE ATTENDING PHYSICIAN'S
OFFICE; (3) AN ALLOWANCE OF TWO HUNDRED DOLLARS PER MONTH EACH TO TWO
MEDICAL OFFICERS WHILE ON DUTY IN THE ATTENDING PHYSICIAN'S OFFICE; AND
(4) AN ALLOWANCE OF TWO HUNDRED DOLLARS PER MONTH EACH TO NOT EXCEED
EIGHT ASSISTANTS ON THE BASIS HERETOFORE PROVIDED FOR SUCH ASSISTANCE,
$103,600.
FOR PURCHASING AND SUPPLYING UNIFORMS; THE PURCHASE, MAINTENANCE,
AND REPAIR OF POLICE MOTOR VEHICLES, INCLUDING TWO-WAY POLICE RADIO
EQUIPMENT; CONTINGENT EXPENSES, INCLUDING $25 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; $513,360.
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, $1,214,255. 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 COMMISSIONER OF THE DISTRICT OF COLUMBIA IS AUTHORIZED
AND DIRECTED TO MAKE SUCH DETAILS UPON THE REQUEST OF THE BOARD. //D.
C. CODE 9 - 12 6A.// 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 AVIALABLE 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 COMMISSIONER 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 PAY THE INSPECTOR DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH
THE SALARY OF INSPECTOR 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, (4) 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, (5) TO ELEVATE AND PAY THE LIEUTENANT DETAILED UNDER
THE AUTHORITY OF THIS PARAGRAPH THE RANK AND 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 ELEVATE AND PAY THE DETECTIVE SERGEANT AND UNIFORM
SERGEANT 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 THESE POSITIONS ARE HELD BY THE
PRESENT INCUMBENTS, (7) TO PAY THE FOUR 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,
(8) TO PAY THE TWO 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, (9) TO ELEVATE AND
PAY THE DESK SERGEANT DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH THE
RANK AND SALARY OF UNIFORM SERGEANT AND SUCH INCREASES IN BASIC
COMPENSATION AS MAY BE SUBSEQUENTLY PROVIDED BY LAW SO LONG AS THIS
POSITION IS HELD BY THE PRESENT INCUMBENT, AND (10) TO ELEVATE AND PAY
THE ACTING SERGEANT DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH THE
RANK AND SALARY OF UNIFORM SERGEANT AND SUCH INCREASES IN BASIC
COMPENSATION AS MAY BE SUBSEQUENTLY PROVIDED BY LAW SO LONG AS THIS
POSITION IS HELD BY THE PRESENT INCUMBENT.
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 EDUCATION OF CONGRESSIONAL PAGES AND PAGES OF THE SUPREME COURT,
PURSUANT TO PART 9 OF TITLE IV OF THE LEGISLATIVE REORGANIZATION ACT,
1970, //84 STAT. 1198, 2 USC 88B-1 AND NOTE, 40 USC 184A.// AND SECTION
243 OF THE LEGISLATIVE REORGANIZATION ACT, 1946, //60 STAT. 839, 2 USC
88A.// $142,780, WHICH AMOUNT SHALL BE ADVANCED AND CREDITED TO THE
APPLICABLE APPROPRIATION OF THE DISTRICT OF COLUMBIA, AND THE BOARD OF
EDUCATION OF THE DISTRICT OF COLUMBIA IS HEREBY AUTHORIZED TO EMPLOY
SUCH PERSONNEL FOR THE EDUCATION OF 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 EXPENSES NECESSARY FOR OFFICIAL MAIL COSTS PURSUANT TO TITLE 39,
U.S.C., SECTION 3216, //87 STAT. 745.// $38,756,015, TO BE AVAILABLE
IMMEDIATELY.
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, $348,760, 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 THE PREPARATION, UNDER THE DIRECTION OF THE COMMITTEES ON
APPROPRIATIONS OF THE SENATE AND HOUSE OF REPRESENTATIVES, OF THE
STATEMENTS FOR THE SECOND SESSION OF THE NINETY-THIRD CONGRESS, SHOWING
APPROPRIATIONS MADE, INDEFINITE APPROPRIATIONS, AND CONTRACTS
AUTHORIZED, TOGETHER WITH A CHRONOLOGICAL HISTORY OF THE REGULAR
APPROPRIATION BILL AS REQUIRED BY LAW, $13,000, TO BE PAID TO THE
PERSONS DESIGNATED BY THE CHAIRMAN OF SUCH COMMITTEES TO SUPERVISE THE
WORK.
SECTION 106 (A) OF THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1963, IS
AMENDED BY ADDING AT THE END THEREOF:
"(8) THE CHIEF GUIDE, ASSISTANT CHIEF GUIDE, AND EACH GUIDE OF THE
CAPITOL GUIDE SERVICE ESTABLISHED UNDER SECTION 441 OF THE LEGISLATIVE
REORGANIZATION ACT OF 1970." //84 STAT. 694, 40 USC 851.//
FOR SALARIES AND EXPENSES NECESSARY TO CARRY OUT THE PROVISIONS OF
THE TECHNOLOGY ASSESSMENT ACT OF 1972 (PUBLIC LAW 92 - 484), //86 STAT.
797, 2 USC 741 NOTE.// $4,000,000: PROVIDED, THAT FUNDS REMAINING
UNOBLIGATED AS OF JUNE 30, 1974, SHALL BE MERGED WITH AND ALSO BE
AVAILABLE FOR THE GENERAL PURPOSES OF THIS APPROPRIATION.
FOR THE ARCHITECT OF THE CAPITOL; THE ASSISTANT ARCHITECT OF THE
CAPITOL; THE EXECUTIVE ASSISTANT; AND OTHER PERSONAL SERVICES; AT
RATES OF PAY PROVIDED BY LAW, $1,395,600.
APPROPRIATIONS UNDER THE CONTROL OF THE ARCHITECT OF THE CAPITOL
SHALL BE AVAILABLE FOR EXPENSES OF TRAVEL ON OFFICIAL BUSINESS NOT TO
EXCEED IN THE AGGREGATE UNDER ALL FUNDS THE SUM OF $20,000. //40 USC
166A.//
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, $140,000.
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 (5 U.S.C. 5901 - 5902); //80 STAT. 508; 81 STAT.
206.// 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.//
PURCHASE OR EXCHANGE, MAINTENANCE AND OPERATION OF A PASSENGER 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, $4,428,500.
NOT TO EXCEED $950,000 OF THE UNOBLIGATED BALANCE OF THAT PART OF THE
APPROPRIATION UNDER THIS HEAD FOR THE FISCAL YEAR 1973, MADE AVAILABLE
UNTIL JUNE 30, 1974, FOR RESTORATION OF THE OLD SENATE AND SUPREME COURT
CHAMBERS, IS HEREBY CONTINUED AVAILABLE UNTIL JUNE 30, 1975.
NOT TO EXCEED $177,000 OF THE UNOBLIGATED BALANCE OF THE
APPROPRIATION UNDER THIS HEAD FOR THE FISCAL YEAR 1974 IS HEREBY
CONTINUED AVAILABLE UNTIL JUNE 30, 1975.
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; $1,176,400.
THE AMOUNT OF $250,000 OF THE APPROPRIATION UNDER THIS HEAD FOR THE
FISCAL YEAR 1974, FOR MODIFICATIONS TO AND REPLACEMENT OF EXISTING
TRAFFIC SIGNALS AND INSTALLATION OF ADDITIONAL TRAFFIC SIGNALS AND ALL
ITEMS APPURTENANT THERETO, IS HEREBY CONTINUED AVAILABLE UNTIL JUNE 30,
1975.
FOR MAINTENANCE, MISCELLANEOUS ITEMS AND SUPPLIES, INCLUDING
FURNITURE, FURNISHINGS, AND EQUIPMENT, AND FOR LABOR AND MATERIAL
INCIDENT THERETO, AND REPAIRD THEROF; 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 BUILDINGS
WITH THE CAPITOL; UNIFORMS OR ALLOWANCES THEREFOR AS AUTHORIZED BY LAW
(5 U.S.C. 5901 - 5902), //80 STAT. 508; 81 STAT. 206, 41 USC 5.//
PREVENTION AND ERADICATION OF INSECT AND OTHER PESTS WITHOUT REGARD TO
SECTION 3706 OF THE REVISED STATUTES AS AMENDED; TO BE EXPENDED UNDER
THE CONTROL AND SUPERVISION OF THE ARCHITECT OF THE CAPITOL IN ALL,
$6,620,800.
FOR MAINTENANCE, REPAIRS, ALTERATIONS, PERSONAL AND OTHER SERVICES,
AND ALL OTHER NECESSARY EXPENSES, $103,300.
FOR MAINTENANCE, INCLUDING EQUIPMENT; 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;
MISCELLANEOUS ITEMS; AND FOR ALL NECESSARY SERVICES, INCLUDING THE
POSITION OF SUPERINTENDANT OF GARAGES AS AUTHORIZED BY LAW, $8,671,700.
NOT TO EXCEED $9,700 OF THE UNOBLIGATED BALANCE OF THE APPROPRIATION
UNDER THIS HEAD FOR THE FISCAL YEAR 1974 IS HEREBY CONTINUED AVAILABLE
UNTIL JUNE 30, 1975.
FOR AN AMOUNT, IN ADDITION TO AMOUNTS HERETOFORE APPROPRIATED UNDER
THIS HEAD, FOR EXPENSES AUTHORIZED BY THE ADDITIONAL HOUSE OFFICE
BUILDING ACT OF 1955 (69 STAT. 41, 42), AS AMENDED, //40 USC 175 NOTE.//
$145,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
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 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,
MATERIALS, WATERPROOF WEARING APPAREL, AND ALL OTHER NECESSARY EXPENSES
IN CONNECTION WITH THE MAINTENANCE AND OPERATION OF THE PLANT;
$5,443,000.
FOR NECESSARY EXPENDITURES FOR MECHANICAL AND STRUCTURAL MAINTENANCE,
INCLUDING IMPROVEMENTS, EQUIPMENT, SUPPLIES, WATERPROOF WEARING APPAREL,
AND PERSONAL AND OTHER SERVICES, $1,631,000.
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 PERSONAL 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; $916,600.
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,
$48,460,000 INCLUDING $2,778,000 TO BE AVAILABLE FOR REIMBURSEMENT TO
THE GENERAL SERVICES ADMINISTRATION FOR RENTAL OF SUITABLE SPACE IN THE
DISTRICT OF COLUMBIA OR ITS IMMEDIATE ENVIRONS FOR THE LIBRARY OF
CONGRESS.
FOR NECESSARY EXPENSES OF THE COPYRIGHT OFFICE, INCLUDING PUBLICATION
OF THE DECISIONS OF THE UNITED STATES COURTS INVOLVING COPYRIGHTS,
$5,839,000.
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), //84 STAT.
1181.// $13,345,000: 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 NECESSARY EXPENSES FOR THE PREPARATION AND DISTRIBUTION OF
CATALOG CARDS AND OTHER PUBLICATIONS OF THE LIBRARY, $10,581,000:
PROVIDED, THAT $200,000 OF THIS APPROPRIATION SHALL BE APPORTIONED FOR
USE PURSUANT TO SECTION 3679 OF THE REVISED STATUTES, AS AMENDED (31 U.
S.C. 665), ONLY TO THE EXTENT NECESSARY TO 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.
FOR NECESSARY EXPENSES (EXCEPT PERSONAL SERVICES) FOR ACQUISITION OF
BOOKS, PERIODICALS, AND NEWSPAPERS, AND ALL OTHER MATERIAL FOR THE
INCREASE OF THE LIBRARY, $1,458,000, 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 NECESSARY EXPENSES (EXCEPT PERSONAL SERVICES) FOR ACQUISITION OF
BOOKS, LEGAL PERIODICALS, AND ALL OTHER MATERIAL FOR THE INCREASE OF THE
LAW LIBRARY, $229,000, 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, //80 STAT. 330.//
$11,416,900.
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), //80 STAT. 1528.// TO REMAIN AVAILABLE
UNTIL EXPENDED, $2,014,100, OF WHICH $1,718,500 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 EQUIPEMENT, $3,319,000, OF WHICH
$2,726,000 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.
FOR NECESSARY EXPENSES TO ENABLE THE LIBRARIAN TO REVISE AND EXTEND
THE ANNOTATED CONSTITUTION OF THE UNITED STATES OF AMERICA, $34,000, TO
REMAIN AVAILABLE UNTIL EXPENDED.
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. //80 STAT. 416.//
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
QAUALIFICATIONS FOR THE PARTICULAR POSITION AND ALSO OTHERWISE MEETS THE
GENERAL REQUIREMENTS FOR EMPLOYMENT IN THE LIBRARY OF CONGRESS.
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 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)); //74 STAT. 831, 2 USC 143A.// 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); //75 STAT. 464; 81 STAT.
671; 70 STAT. 706.// 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)); //75 STAT. 457, 2 USC 143A.// SUBJECT TO
SUCH RULES AND REGULATIONS AS MAY BE ISSUED BY THE LIBRARIAN OF
CONGRESS. //2 USC 143A.//
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.
APPROPRIATIONS IN THIS ACT AVAILABLE TO THE LIBRARY OF CONGRESS SHALL
BE AVAILABLE, IN AN AMOUNT NOT TO EXCEED $57,500, WHEN SPECIFICALLY
AUTHORIZED BY THE LIBRARIAN, FOR EXPENSES OF ATTENDANCE AT MEETINGS
CONCERNED WITH THE FUNCTION OR ACTIVITY FOR WHICH THE APPROPRIATION IS
MADE.
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 THE LIMITS OF THE
LIBRARY OF CONGRESS GROUNDS, AND TO PROVIDE FOR TRANSPORTATION 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). //60 STAT. 810.//
FOR AUTHORIZED PRINTING AND BINDING FOR THE CONGRESS; FOR PRINTING
AND BINDING FOR THE ARCHITECT OF THE CAPITOL; EXPENSES NECESSARY FOR
PREPARING THE SEMIMONTHLY AND SESSION INDEX TO THE CONGRESSIONAL RECORD,
AS AUTHORIZED BY LAW (44 U.S.C. 902); //82 STAT. 1256.// PRINTING,
BINDING, AND DISTRIBUTION OF THE FEDERAL REGISTER (INCLUDING THE CODE OF
FEDERAL REGULATIONS) AS AUTHORIZED BY LAW (44 U.S.C. 1509, 1510), //82
STAT. 1277.// AND PRINTING AND BINDING OF GOVERNMENT PUBLICATIONS
AUTHORIZED BY LAW TO BE DISTRIBUTED WITHOUT CHARGE TO THE RECIPIENTS;
$80,000,000: 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 APPROPRIATION SHALL BE AVAILABLE FOR THE PAYMENT OF
OBLIGATIONS INCURRED UNDER THE APPROPRIATIONS FOR SIMILAR PURPOSES FOR
PRECEDING FISCAL YEARS.
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; //82 STAT. 1240; 84 STAT. 693.// TRAVEL
EXPENSES (NOT TO EXCEED $88,300): PROVIDED, THAT EXPENDITURES IN
CONNECTION WITH TRAVEL EXPENSES OF THE DEPOSITORY LIBRARY ADVISORY
COUNCIL SHALL BE DEEMED NECESSARY TO CARRYING OUT THE PROVISIONS OF
CHAPTER 19 OF TITLE 44, UNITED STATES CODE; //44 USC 1901.// PRICE
LISTS AND BIBLIOGRAPHIES; REPAIRS TO BUILDINGS, ELEVATORS, AND
MACHINERY; AND SUPPLYING BOOKS TO DEPOSITORY LIBRARIES; $36,000,000:
PROVIDED, THAT $222,000 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.
FOR PAYMENT TO THE "GOVERNMENT PRINTING OFFICE REVOLVING FUND",
$12,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED, TO PROVIDE ADDITIONAL
WORKING CAPITAL NECESSARY FOR THE SUPPORT OF NORMAL OPERATION OF THE
REVOLVING FUND.
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, //61 STAT. 584, 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.
FOR NECESSARY EXPENSES OF THE GENERAL ACCOUNTING OFFICE, INCLUDING
NOT TO EXCEED $4,000 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; 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; //80 STAT.
416, 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); //75 STAT. 464; 81 STAT. 671.// 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)), //75
STAT. 457.// $121,376,00: 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 SHALL BE AVAILABLE TO FINANCE ON
APPROPRIATE SHARE OF FORUM COSTS AS DETERMINED BY THE FORUM, INCLUDING
NECESSARY TRAVEL EXPENSES OF NONFEDERAL 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 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),
$1,628,000.
SEC. 102. NO PART OF THE FUNDS APPROPRIATED IN THIS ACT SHALL BE USED
FOR THE MAINTENANCE OR CARE OF PRIVATE VEHICLES, EXCEPT FOR EMERGENCY
ASSISTANCE AND CLEANING AS MAY BE PROVIDED UNDER REGULATIONS ISSUED BY
THE HOUSE OF REPRESENTATIVES SELECT COMMITTEE TO REGULATE PARKING ON THE
HOUSE SIDE OF THE CAPITOL.
SEC. 103. WHENEVER ANY OFFICE OR POSITION NOT SPECIFICALLY
ESTABLISHED BY THE LEGISLATIVE PAY ACT OF 1929 //46 STAT. 32, 2 USC 60A
NOTE.// 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. 104. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
REMAIN AVAILABLE FOR OBLIGATION BEYOND THE CURRENT FISCAL YEAR UNLESS
EXPRESSLY SO PROVIDED HEREIN.
SEC. 105. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE
AVAILAVBLE 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, //86 STAT. 219, 40
USC 490.// FOR SPACE AND SERVICES.
SEC. 106. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CITIZENSHIP
OR NATIONALITY OF KARIN BIRGITTA HOLMEN SHALL NOT PROHIBIT THE SECRETARY
OF THE SENATE FROM PAYING COMPENSATION TO THE SAID KARIN BIRGITTA HOLMEN
WHILE SERVING AS AN EMPLOYEE OF THE SENATE.
SEC. 107. SECTION 502 (B) OF THE MUTUAL SECURITY ACT OF 195J (22 U.
S.C. 1754 (B)), //68 STAT. 850; 78 STAT. 1015; 87 STAT. 452.//
RELATING TO THE USE OF FOREIGN CURRENCY, IS AMENDED BY STRIKING OUT THE
LAST TWO SENTENCES AND INSERTING IN LIEU THEREOF THE FOLLOWING: "EACH
MEMBER OF EMPLOYEE OF ANY SUCH COMMITTEE SHALL MAKE, TO THE CHAIRMAN OF
SUCH COMMITTEE IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY SUCH
COMMITTEE, AN ITEMIZED REPORT SHOWING THE AMOUNTS AND DOLLAR EQUIVALENT
VALUES OF EACH SUCH FOREIGN CURRENCY EXPENDED AND THE AMOUNTS OF DOLLAR
EXPENDITURES MADE FROM APPROPRIATED FUNDS IN CONNECTION WITH TRAVEL
OUTSIDE THE UNITED STATES, TOGETHER WITH THE PURPOSES OF THE
EXPENDITURE, INCLUDING LODGING, MEALS, TRANSPORTATION, AND OTHER
PURPOSES. WITHIN THE FIRST SIXTY DAYS THAT CONGRESS IS IN SESSION IN
EACH CALENDAR YEAR, THE CHAIRMAN OF SUCH COMMITTEE SHALL PREPARE A
CONSOLIDATED REPORT SHOWING THE TOTAL ITEMIZED EXPENDITURES DURING THE
PRECEDING CALENDAR YEAR OF THE COMMITTEE AND EACH SUBCOMMITTEE THEREOF,
AND OF EACH MEMBER OR EMPLOYEE OF SUCH COMMITTEE OR SUBCOMMITTEE, AND
SHALL FORWARD SUCH CONSOLIDATED REPORT TO THE CLERK 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).".
THIS ACT MAY BE CITED AS THE "LEGISLATIVE BRANCH APPROPRIATION ACT,
1975".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 976 (COMM. ON APPROPRIATIONS) AND NO. 93 -
1210 (COMM. OF CONFERENCE).
SENATE REPORT: NO. 93 - 945 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 9, CONSIDERED AND PASSED HOUSE.
JUNE 20, CONSIDERED AND PASSED SENATE, AMENDED.
AUG. 1, HOUSE AGREED TO CONFERENCE REPORT.
AUG. 2, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-370, 88 STAT 423
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 4433 OF THE
REVISED STATUTES, AS AMENDED (46 U.S.C. 411) IS AMENDED AS FOLLOWS:
(1) BY DELETING THE WORD "AND" BEFORE THE WORDS "CONSTRUCTION OF
BOILERS,".
(2) BY INSERTING THE WORDS ", AND OPERATION" BEFORE THE WORDS "OF
BOILERS, UNFIRED".
(3) BY INSERTING AFTER THE WORDS "UNFIRED PRESSURE VESSELS" THE WORDS
"PIPING, VALVES, FITTINGS,".
(4) BY PLACING THE WORD "OTHER" BEFORE THE WORD "APPURTENANCES".
(5) BY DELETING THE WORDS "THEREOF, AND STEAM PIPING".
(6) BY DELETING THE SECOND SENTENCE INCLUDING THE PROVISO.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 762 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 1034 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JAN. 22, CONSIDERED AND PASSED HOUSE.
JULY 31, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-369, 88 STAT 423, PERISHABLE AGRICULTURAL COMMODITIES
ACT, 1930, AMENDMENTS
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SUBSECTION (5) OF
SECTION OF THE PERISHABLE AGRICULTURAL COMMODITIES ACT, 1930, AS AMENDED
(7 U.S.C. 499B (5)), //70 STAT. 726.// IS HEREBY AMENDED BY STRIKING OUT
THE SEMICOLON AT THE END THEREOF AND SUBSTITUTING A COLON AND THE
FOLLOWING: "PROVIDED, THAT ANY COMMISSION MERCHANT, DEALER, OR BROKER
WHO HAS VIOLATED THIS SUBSECTION MAY, WITH THE CONSENT OF THE SECRETARY,
ADMIT THE VIOLATION OR VIOLATIONS AND PAY A MONETARY PENALTY NOT TO
EXCEED $2,000 IN LIEU OF A FORMAL PROCEEDING FOR THE SUSPENSION OR
REVOCATION OF LICENSE, ANY PAYMENT SO MADE TO BE DEPOSITED INTO THE
TREASURY OF THE UNITED STATES AS MISCELLANEOUS RECEIPTS;".
LEGISLATIVE HISTORY:
HOUSE REPORT: NO. 93 - 1130 (COMM. ON AGRICULTURE)
SENATE REPORT NO. 93 - 1036 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 1, CONSIDERED AND PASSED HOUSE.
JULY 31, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-368, 88 STAT 420
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTIONS 3114 AND
3115 OF THE REVISED STATUTES OF THE UNITED STATES (19 U.S.C. 257 AND
258) SHALL NOT APPLY TO ENTRIES MADE IN CONNECTION WITH ARRIVALS BEFORE
JANUARY 5, 1971, OF VESSELS OWNED BY THE UNITED STATES, OR BAREBOAT
CHARTERED TO THE UNITED STATES, AND OPERATED BY OR FOR THE ACCOUNT OF
ANY DEPARTMENT OR AGENCY OF THE UNITED STATES. //19 USC 257 NOTE.//
SEC. 2. ON OR AFTER THE DATE OF THE ENACTMENT OF THIS ACT, NO
DEPARTMENT OR AGENCY OF THE UNITED STATES SHALL BE ENTITLED TO A REFUND
OF ANY DUTIES PAID BEFORE JANUARY 5, 1971, BY ANY DEPARTMENT OR AGENCY
OF THE UNITED STATES UNDER SECTION 3114 OF THE REVISED STATUTES OF THE
UNITED STATES.
SEC. 3. THE LAST SENTENCE OF SECTION 203 (E) (2) OF THE FEDERAL-STATE
EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 1970 (AS ADDED BY SECTION 20
OF PUBLIC LAW 93 - 233 AND AMENDED BY SECTION 2 OF PUBLIC LAW 93 - 256
AND BY SECTION 2 OF PUBLIC LAW 93 - 329) //ANTE, P. 288.// IS AMENDED TO
READ AS FOLLOWS: "AMOUNTS APPROPRIATED AS REPAYABLE ADVANCES AND PAID
TO THE STATES UNDER SECTION 203 SHALL BE REPAID, WITHOUT INTEREST, AS
PROVIDED IN SECTION 905 (D) OF THE SOCIAL SECURITY ACT." //84 STAT. 716,
42 USC 1105.//
(B) SECTION 903 (B) OF THE SOCIAL SECURITY ACT //85 STAT. 814; 86
STAT. 398, 42 USC 1103.// IS AMENDED BY STRIKING OUT PARAGRAPH (3)
SEC. 5. SECTION 1631 OF THE SOCIAL SECURITY ACT //86 STAT. 1475, 42
USC 1383.// IS AMENDED BY ADDING THE FOLLOWING AT THE END THEREOF:
"(G) (1) NOTWITHSTANDING SUBSECTION(D) (1) AND SUBSECTION (B) AS IT
RELATES TO THE PAYMENT OF LESS THAN THE CORRECT AMOUNT OF BENEFITS, THE
SECRETARY MAY, UPON WRITTEN AUTHORIZATION BY AN INDIVIDUAL, WITHHOLD
BENEFITS DUE WITH RESPECT TO THAT INDIVIDUAL AND MAY PAY TO A STATE (OR
A POLITICAL SUBDIVISION THEREOF IF AGREED TO BY THE SECRETARY AND THE
STATE) FROM THE BENEFITS WITHHELD AN AMOUNT SUFFICIENT TO REIMBURSE THE
STATE (OR POLITICAL SUBDIVISION) FOR INTERIM ASSISTANCE FURNISHED ON
BEHALF OF THE INDIVIDUAL BY THE STATE (OR POLITICAL SUBDIVISION).
"(2) FOR PURPOSES OF THIS SUBSECTION, THE TERM 'BENETIS' WITH RESPECT
TO ANY INDIVIDUAL MEANS SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER THIS
TITLE, AND ANY STATE SUPPLEMENTARY PAYMENTS UNDER SECTION 1616 OR UNDER
SECTION 212 OF PUBLIC LAW 93 - 66 //42 USC 1382E, 87 STAT. 155, 957.//
WHICH THE SECRETARY MAKES ON BEHALF OF A STATE (OR POLITICAL SUBDIVISION
THEREOF), THAT THE SECRETARY HAS DETERMINED TO BE DUE WITH RESPECT TO
THE INDIVIDUAL AT THE TIME THE SECRETARY MAKES THE FIRST PAYMENT OF
BENEFITS. A CASH ADVANCE MADE PURSUANT TO SUBSECTION (A) (4) (A) SHALL
NOT BE CONSIDERED AS THE FIRST PAYMENT OF BENEFITS FOR PURPOSES OF THE
PRECEDING SENTENCE.
"(3) FOR PURPOSE OF THIS SUBSECTION, THE TERM 'INTERIM ASSISTANCE'
WITH RESPECT TO ANY INDIVIDUAL MEANS ASSISTANCE FINANCED FROM STATE OR
LOCAL FUNDS AND FURNISHED FOR MEETING BASIC NEEDS DURING THE PERIOD,
BEGINNING WITH THE MONTH IN WHICH THE INDIVIDUAL FILED AN APPLICATION
FOR BENEFITS (AS DEFINED IN PARAGRAPH (2)), FOR WHICH HE WAS ELIGIBLE
FOR SUCH BENEFITS.
"(4) IN ORDER FOR A STATE TO RECEIVE REIMBURSEMENT UNDER THE
PROVISIONS OF PARAGRAPH (1), THE STATE SHALL HAVE IN EFFECT AN AGREEMENT
WITH THE SECRETARY WHICH SHALL PROVIDE---
"(A) THAT IF THE SECRETARY MAKES PAYMENT TO THE STATE (OR A
POLITICAL SUBDIVISION OF THE STATE AS PROVIDED FOR UNDER THE
AGREEMENT) IN REIMBURSEMENT FOR INTERIM ASSISTANCE (AS DEFINED IN
PARAGRAPH (3)) FOR ANY INDIVIDUAL IN AN AMOUNT GREATER THAN THE
REIMBURSABLE AMOUNT AUTHORIZED BY PARAGRAPH (1), THE STATE (OR
POLITICAL SUBDIVISION) SHALL PAY TO THE INDIVIDUAL THE BALANCE OF
SUCH PAYMENT IN EXCESS OF THE REIMBURSABLE AMOUNT AS EXPEDITIOUSLY
AS POSSIBLE, BUT IN ANY EVENT WITHIN TEN WORKING DAYS OR A SHORTER
PERIOD SPECIFIED IN THE AGREEMENT; AND
"(B) THAT THE STATE WILL COMPLY WITH SUCH OTHER RULES AS THE
SECRETARY FINDS NECESSARY TO ACHIEVE EFFICIENT AND EFFECTIVE
ADMINISTRATION OF THIS SUBSECTION AND TO CARRY OUT THE PURPOSES OF
THE PROGRAM ESTABLISHED BY THIS TITLE, INCLUDING PROTECTION OF
HEARING RIGHTS FOR ANY INDIVIDUAL AGGRIEVED BY ACTION TAKEN BY THE
STATE (OR POLITICAL SUBDIVISION) PURSUANT TO THIS SUBSECTION.
"(5) THE PROVISIONS OF SUBSECTION (C) SHALL NOT BE APPLICABLE TO ANY
DISAGREEMENT CONCERNING PAYMENT BY THE SECRETARY TO A STATE PURSUANT TO
THE PRECEDING PROVISIONS OF THIS SUBSECTION NOR THE AMOUNT RETAINED BY
THE STATE (OR POLITICAL SUBDIVISION).
"(6) THE PROVISIONS OF THIS SUBSECTION SHALL EXPIRE ON JUNE 30, 1976.
AT LEAST SIXTY DAYS PRIOR TO SUCH EXPIRATION DATE, THE SECRETARY SHALL
SUBMIT TO CONGRESS A REPORT ASSESSING THE EFFECTS OF ACTIONS TAKEN
PURSUANT TO THIS SUBSECTION, INCLUDING THE ADEQUACY OF INTERIM
ASSISTANCE PROVIDED AND THE EFFICIENCY AND EFFECTIVENESS OF THE
ADMINISTRATION OF SUCH PROVISIONS. SUCH REPORT MAY INCLUDE SUCH
RECOMMENDATIONS AS THE SECRETARY DEEMS APPROPRIATE.".
SEC. 6. (A) SECTION 1611 OF THE SOCIAL SECURITY ACT //87 STAT. 953,
42 USC 1382.// IS AMENDED---
(1) IN SUBSECTION (A) (1) (A), BY INSERTING "(OR, IF GREATER,
THE AMOUNT DETERMINED UNDER SECTION (1617)" IMMEDIATELY AFTER
"$1,752";
(2) IN SUBSECTION (A) (2) (A), BY INSERTING "(OR IF GREATER,
THE AMOUNT DETERMINED UNDER SECTION 1617)" IMMEDIATELY AFTER
$2,628";
(3) IN SUBSECTION (B) (1), BY INSERTING "(OR, IF GREATER, THE
AMOUNT DETERMINED UNDER SECTION 1617)" IMMEDIATELY AFTER $1,752";
AND
THE AMOUNT DETERMINED UNDER SECTION 1617)" IMMEDIATELY AFTER
"2,628".
(B) PART A OF TITLE XVI OF SUCH ACT //86 STAT. 1465, 42 USC 1381.//
IS FURTHER AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SECTION:
"SEC. 1617. WHENEVER BENEFIT AMOUNTS UNDER TITLE II //42 USC 401.//
ARE INCREASED BY ANY PERCENTAGE EFFECTIVE WITH ANY MONTH AS A RESULT OF
DETERMINATION MADE UNDER SECTION 215 (I), //86 STAT. 412, 42 USC 415.//
EACH OF THE DOLLAR AMOUNTS IN EFFECT FOR SUCH MONTH UNDER SUBSECTIONS
(A) (1) (A), (A) (2) (A), (B) (1), (B) (2) OF SECTION 1611, //ANTE, P.
421.// AND SUBSECTION (A) (1) (A) OF SECTION 211 OF PUBLIC LAW 93 - 66,
//87 STAT. 154, 953.// AS SPECIFIED IN SUCH SUBSECTIONS OR AS PREVIOUSLY
INCREASED UNDER THIS SECTION, SHALL BE INCREASED BY THE SAME PERCENTAGE
(AND ROUNDED, WHEN NOT A MULTIPLE OF $1.20, TO THE NEXT HIGHER MULTIPLE
OF $1.20), EFFECTIVE WITH RESPECT TO BENEFITS FOR MONTHS AFTER SUCH
MONTH; AND SUCH DOLLAR AMOUNTS AS SO INCREASED SHALL BE PUBLISHED IN
THE FEDERAL REGISTER TOGETHER WITH, AND AT THE SAME TIME AS, THE
MATERIAL REQUIRED BY SECTION 215 (I) (2) (D) //86 STAT. 412; 87 STAT.
952, 42 USC 415.// TO BE PUBLISHED THEREIN BY REASON OF SUCH
DETERMINATION."
SEC. 7. (A) SECTION 15 (C) (2) OF PUBLIC LAW 93 - 233 //87 STAT.
966, 42 USC 1395X NOTE.// IS AMENDED BY STRIKING OUT "DECEMBER 1, 1974"
AND INSERTING IN LIEU THEREOF "MARCH 1, 1975", AND BY STRIKING OUT "JULY
1, 1975" AND INSERTING IN LIEU THEREOF "MARCH 1, 1976".
(B) SECTION 15 (C) (5) OF PUBLIC LAW 93 - 233 IS AMENDED BY STRIKING
OUT "MARCH 1, 1975" AND INSERTING IN LIEU THEREOF "JUNE 1, 1975", AND BY
STRIKING OUT "OCTOBER 1, 1975" AND INSERTING IN LIEU THEREOF "JUNE 1,
1976".
(C) SECTION 15 (D) OF PUBLIC LAW 93 - 233 IS AMENDED BY STRIKING OUT
"JANUARY 1, 1975, EXCEPT THAT IF THE SECRETARY OF HEALTH, EDUCATION, AND
WELFARE DETERMINES THAT ADDITIONAL TIME IS REQUIRED TO PREPARE THE
REPORT REQUIRED BY SUBSECTION (C), HE MAY, BY REGULATION, EXTEND THE
APPLICABILITY OF THE PROVISIONS, OF SUBSECTION (A) TO COST ACCOUNTING
PERIODS BEGINNING AFTER JUNE 30, 1975" AND INSERTING IN LIEU THEREOF
"JULY 1, 1976".
SEC. 8. SECTION 249B OF THE SOCIAL SECURITY AMENDMENTS OF THE 1972
//86 STAT. 1428, 42 USC 1396B NOTE.// IS AMENDED BY STRIKING OUT "JUNE
30, 1974" AND INSERTING IN LIEU THEREOF "JUNE 30, 1977".
SEC. 9. (A) SECTION 1902 (A) (14) (B) (I) OF THE SOCIAL SECURITY ACT
//86 STAT. 1381, 42 USC 1396A.// (RELATING TO CERTAIN COST-SHARING FEES
REQUIRED TO BE PAID BY SOME INDIVIDUALS UNDER MEDICAID) IS AMENDED BY
STRIKING OUT "SHALL" AND INSERTING IN LIEU THEREOF "MAY".
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL BE EFFECTIVE JANUARY
1, 1973. //42 USC 1396A NOTE.//
SEC. 10. (A) SECTION 211 (A) (1) OF THE SOCIAL SECURITY ACT //68
STAT. 1055; 70 STAT. 824, 42 USC 411.// IS AMENDED BY INSERTING AFTER
"MATERIAL PARTICIPATION BY THE OWNER OR TENANT" EACH TIME IT OCCURS THE
FOLLOWING: "(AS DETERMINED WITHOUT REGARD TO ANY ACTIVITIES OF AN AGENT
OF SUCH OWNER OR TENANT)".
(B) SECTION 1402 (A) (1) OF THE INTERNAL REVENUE CODE OF 1954 //68A
STAT. 353; 70 STAT. 840, 26 USC 1402.// (RELATING TO DEFINITION OF NET
EARNINGS FROM SELF-EMPLOYMENT) IS AMENDED BY INSERTING AFTER "MATERIAL
PARTICIPATION BY THE OWNER OR TENANT" EACH TIME IT OCCURS THE FOLLOWING:
"(AS DETERMINED WITHOUT REGARD TO ANY ACTIVITIES OF AN AGENT OF SUCH
OWNER OR TENANT)".
(C) THE AMENDMENTS MADE BY THIS SECTION SHALL APPLY WITH RESPECT TO
TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1973. //42 USC 411 NOTE.//
SEC. 11. //50 USC APP. 1212 NOTE.// (A) THE STAFF OF THE JOINT
COMMITTEE ON INTERNAL REVENUE TAXATION SHALL CONDUCT A COMPREHENSIVE
STUDY AND INVESTIGATION OF THE OPERATION AND EFFECT OF THE RENEGOTIATION
ACT OF 1951, AS AMENDED, //65 STAT. 7, 50 USC APP. 1211 NOTE.// WITH A
VIEW TO DETERMINING WHETHER SUCH ACT SHOULD BE EXTENDED BEYOND DECEMBER
31, 1975, AND, IF SO, HOW THE ADMINISTRATION OF SUCH ACT CAN BE
IMPROVED. THE JOINT COMMITTEE STAFF SHALL SPECIFICALLY CONSIDER WHETHER
EXEMPTION CRITERIA AND THE STATUTORY FACTORS FOR DETERMINING EXCESSIVE
PROFITS SHOULD BE CHANGED TO MAKE THE ACT FAIRER AND MORE EFFECTIVE AND
MORE OBJECTIVE. THE JOINT COMMITTEE STAFF SHALL ALSO CONSIDER WHETHER
THE RENEGOTIATION BOARD SHOULD BE RESTRUCTURED.
(B) IN CONDUCTING SUCH STUDY AND INVESTIGATION THE STAFF OF THE JOINT
COMMITTEE ON INTERNAL REVENUE TAXATION SHALL CONSULT WITH THE STAFFS OF
THE RENEGOTIATION BOARD, THE GENERAL ACCOUNTING OFFICE, THE COST
ACCOUNTING STANDARDS BOARD, AND THE JOINT ECONOMIC COMMITTEE.
(C) THE STAFF OF THE JOINT COMMITTEE ON INTERNAL REVENUE TAXATION
SHALL SUBMIT THE RESULTS OF ITS STUDY AND INVESTIGATION TO THE COMMITTEE
ON WAYS AND MEANS OF THE HOUSE OF REPRESENTATIVES AND TO THE COMMITTEE
ON FINANCE OF THE SENATE ON OR BEFORE SEPTEMBER 30, 1975, TOGETHER WITH
SUCH RECOMMENDATIONS AS IT DEEMS APPROPRIATE.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 313 (COMM. ON WAYS AND MEANS) AND NO. 93 -
1197 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 786 (COMM. ON FINANCE) AND NO. 93 - 1018
(COMM. OF CONFERENCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): OCT. 2, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): JUNE 27, CONSIDERED AND PASSED SENATE,
AMENDED.
JULY 31, HOUSE CONCURRED IN SENATE AMENDMENT WITH AN AMENDMENT;
SENATE CONCURRED IN HOUSE AMENDMENT
PUBLIC LAW 93-367, 88 STAT 419
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 //ANTE, P. 280.//
IS AMENDED BY STRIKING OUT "JULY 30" AND INSERTING IN LIEU THEREOF
"SEPTEMBER 30".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 30, CONSIDERED AND PASSED SENATE.
AUG. 5, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-366, 88 STAT 409, FEDERAL AVIATION ACT OF 1958,
AMENDMENTS
A MORE EFFECTIVE
PROGRAM TO PREVENT AIRCRAFT PIRACY; AND FOR OTHER
PURPOSES.
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 "ANTIHIJACKING ACT OF 1974".
//49 USC 1301 NOTE.//
SEC. 102, SECTION 101 (32) OF THE FEDERAL AVIATION ACT OF 1958 (49
U.S.C. 1301 (32)), RELATING TO THE DEFINITION OF THE TERM "SPECIAL
AIRCRAFT JURISDICTION OF THE UNITED STATES", IS AMENDED TO READ AS
FOLLOWS:
"(32) THE TERM 'SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES'
INCLUDES---,
"(A) CIVIL AIRCRAFT OF THE UNITED STATES;
"(B) AIRCRAFT OF THE NATIONAL DEFENSE FORCES OF THE UNITED
STATES;
"(C) ANY OTHER AIRCRAFT WITHIN THE UNITED STATES;
"(D) ANY OTHER AIRCRAFT OUTSIDE THE UNITED STATES---
"(I) THAT HAS ITS NEXT SCHEDULED DESTINATION OR LAST POINT OF
DEPARTURE IN THE UNITED STATES, IF THAT AIRCRAFT NEXT ACTUALLY
LANDS IN THE UNITED STATES; OR
"(II) HAVING 'AN OFFENSE', AS DEFINED IN THE CONVENTION FOR THE
SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT, COMMITTED ABOARD, IF
THAT AIRCRAFT LANDS IN THE UNITED STATES WITH THE ALLEGED OFFENDER
STILL ABOARD; AND //22 USC 1641.//
"(E) OTHER AIRCRAFT LEASED WITHOUT CREW TO A LESSEE WHO HAS HIS
PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES, OF IF NONE, WHO
HAS HIS PERMANENT RESIDENCE IN THE UNITED STATES;
WHILE THAT AIRCRAFT IS IN FLIGHT, WHICH IS FROM THE MOMENT WHEN ALL
EXTERNAL DOORS ARE CLOSED FOLLOWING EMBARKATION UNTIL THE MOMENT WHEN
ONE SUCH DOOR IS OPENED FOR DISEMBARKATION OR IN THE CASE OF A FORCED
LANDING, UNTIL THE COMPETENT AUTHORITIES TAKE OVER THE RESPONSIBILITY
FOR THE AIRCRAFT AND FOR THE PERSONS AND PROPERTY ABOARD."
SEC. 103. (A) PARAGRAPH (2) OF SUBSECTION (I) OF SECTION 902 //75
STAT. 466;// OF SUCH ACT (49 U.S.C. 1472), RELATING TO THE DEFINITION OF
THE TERM "AIRCRAFT PIRACY", IS AMENDED BY STRIKING OUT "THREAT OF FORCE
OR VIOLENCE AND" INSERTING IN LIEU THEREOF "THREAT OF FORCE OR VIOLENCE,
OR BY ANY OTHER FORM OF INFORMATION, AND".
(B) SECTION 902 OF SUCH ACT IS FURTHER AMENDED BY REDESIGNATING
SUBSECTIONS (N) AND (O) AS SUBSECTIONS (O) AND (P), //76 STAT. 921.//
RESPECTIVELY, AND BY INSERTING IMMEDIATELY AFTER SUBSECTION (M) THE
FOLLOWING NEW SUBSECTION:
"AIRCRAFT PIRACY OUTSIDE SPECIAL AIRCRAFT JURISDICTION OF THE
UNITED STATES
"(N) (1) WHOEVER ABOARD AN AIRCRAFT IN FLIGHT OUTSIDE THE SPECIAL
AIRCRAFT JURISDICTION OF THE UNITED STATES COMMITS 'AN OFFENSE', AS
DEFINED IN THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF
AIRCRAFT, AND IS AFTERWARD FOUND IN THE UNITED STATES SHALL BE
PUNISHED---
"(A) BY IMPRISONMENT FOR NOT LESS THAN 20 YEARS; OR
"(B) IF THE DEATH OF ANOTHER PERSON RESULTS FROM THE COMMISSION
OR ATTEMPTED COMMISSION OF THE OFFENSE, BY DEATH OR BY
IMPRISONMENT FOR LIFE.
"(2) A PERSON COMMITS 'AN OFFENSE', AS DEFINED IN THE CONVENTION FOR
THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT WHEN, WHILE ABOARD AN
AIRCRAFT IN FLIGHT, HE---
"(A) UNLAWFULLY, BY FORCE OR THREAT THEREOF, OR BY ANY OTHER
FORM OF INTIMIDATION, SEIZES, OR EXERCISES CONTROL OF, THAT
AIRCRAFT, OR ATTEMPTS TO PERFORM ANY SUCH ACT; OR
"(B) IS AN ACCOMPLICE OF A PERSON WHO PERFORMS OR ATTEMPTS TO
PERFORM ANY SUCH ACT.
"(3) THIS SUBSECTION SHALL ONLY BE APPLICABLE IF THE PLACE OF TAKEOFF
OR THE PLACE OF ACTUAL LANDING OF THE AIRCRAFT ON BOARD WHICH THE
OFFENSE, AS DEFINED IN PARAGRAPH (2) OF THIS SUBSECTION, IS COMMITTED IS
SITUATED OUTSIDE THE TERRITORY OF THE STATE OF REGISTRATION OF THAT
AIRCRAFT.
"(4) FOR PURPOSES OF THIS SUBSECTION AN AIRCRAFT IS CONSIDERED TO BE
IN FLIGHT FROM THE MOMENT WHEN ALL THE EXTERNAL DOORS ARE CLOSED
FOLLOWING EMBARKATION UNTIL THE MOMENT WHEN ONE SUCH DOOR IS OPENED FOR
DISEMBARKATION, OR IN THE CASE OF A FORCED LANDING, UNTIL THE COMPETENT
AUTHORITIES TAKE OVER RESPONSIBILITY FOR THE AIRCRAFT AND FOR THE
PERSONS AND PROPERTY ABOARD.".
(C) SUBSECTION (O) OF SUCH SECTION 902, //ANTE, P. 410.// AS SO
REDESIGNATED BY SUBSECTION (B) OF THIS SECTION, IS AMENDED BY STRIKING
OUT "SUBSECTIONS (I) THROUGH (M)" AND INSERTING IN LIEU THEREOF
"SUBSECTIONS (I) THROUGH (N)".
SEC. 104. (A) SECTION 902 (I) (1) IS THE FEDERAL AVIATION ACT OF 1958
(49 U.S.C. 1472 (I) (1)) //75 STAT. 466; 84 STAT. 921.// IS AMENDED TO
READ AS FOLLOWS:
"(1) WHOEVER COMMITS OR ATTEMPTS TO COMMIT AIRCRAFT PIRACY, AS HEREIN
DEFINED, SHALL BE PUNISHED---
"(A) BY IMPRISONMENT FOR NOT LESS THAN 20 YEARS; OR
"(B) IF THE DEATH OF ANOTHER PERSON RESULTS FROM THE COMMISSION
OR ATTEMPTED COMMISSION OF THE OFFENSE, BY DEATH OR BY
IMPRISONMENT FOR LIFE.".
(B) SECTION 902 (I) OF SUCH ACT IS FURTHER AMENDED BY ADDING AT THE
END THEREOF THE FOLLOWING NEW PARAGRAPH:
"(3) AN ATTEMPT TO COMMIT AIRCRAFT PIRACY SHALL BE WITHIN THE SPECIAL
AIRCRAFT JURISDICTION OF THE UNITED STATES EVEN THOUGH THE AIRCRAFT IS
NOT IN FLIGHT AT THE TIME OF SUCH ATTEMPT IF THE AIRCRAFT WOULD HAVE
BEEN WITHIN THE SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES HAD
THE OFFENSE OF AIRCRAFT PIRACY BEEN OCMPLETED.".
SEC. 105. SECTION 903 OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C.
1473), //72 STAT. 786; 75 STAT. 467.// RELATING TO VENUE AND
PROSECUTION OF OFFENSES, IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION:
"PROCEDURE IN RESPECT OF PENALTY FOR AIRCRAFT PIRACY
"(C) (1) A PERSON SHALL BE SUBJECTED TO THE PENALTY OF DEATH FOR ANY
OFFENSE PROHIBITED BY SECTION 902 (I) OR 902 (N) OF THIS ACT ONLY IF A
HEARING IS HELD IN ACCORDANCE WITH THIS SUBSECTION. //ANTE, P. 410.//
"(2) WHEN A DEFENDANT IS FOUND GUILTY OF OR PLEADS GUILTY TO AN
OFFENSE UNDER SECTION 902 (I) OR 902 (N) OF THIS ACT FOR WHICH ONE OF
THE SENTENCES PROVIDED IS DEATH, THE JUDGE WHO PRESIDED AT THE TRIAL OR
BEFORE WHOM THE GUILTY PLEA WAS ENTERED SHALL CONDUCT A SEPARATE
SENTENCING HEARING TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF THE
FACTORS SET FORTH IN PARAGRAPHS (6) AND (7), FOR THE PURPOSE OF
DETERMINING THE SENTENCE TO BE IMPOSED. THE HEARING SHALL NOT BE HELD
IF THE GOVERNMENT STIPULATES THAT NONE OF THE AGGRAVATING FACTORS SET
FORTH IN PARAGRAPH (7) EXISTS OR THAT ONE OR MORE OF THE MITIGATING
FACTORS SET FORTH IN PARAGRAPH (6) EXISTS. THE HEARINGS SHALL BE
CONDUCTED---
"(A) BEFORE THE JURY WHICH DETERMINED THE DEFENDANT'S GUILT;
"(B) BEFORE A JURY IMPANELED FOR THE PURPOSE OF THE HEARING
IF---
"(I) THE DEFENDANT WAS CONVICTED UPON A PLEA OF GUILTY;
"(II) THE DEFENDANT WAS CONVICTED AFTER A TRIAL BEFORE THE
COURT SITTING WITHOUT A JURY; OR
"(III) THE JURY WHICH DETERMINED THE DEFENDANT'S GUILT HAS BEEN
DISCHARGED BY THE COURT FOR GOOD CAUSE; OR
"(C) BEFORE THE COURT ALONE, UPON THE MOTION OF THE DEFENDANT
AND WITH THE APPROVAL OF THE COURT AND OF THE GOVERNMENT.
"(3) IN THE SENTENCING HEARING THE COURT SHALL DISCLOSE TO THE
DEFENDANT OR HIS COUNSEL ALL MATERIAL CONTIANED IN ANY PRESENTENCE
REPORT, IF ONE HAS BEEN PREPARED, EXCEPT SUCH MATERIAL AS THE COURT
DETERMINES IS REQUIRED TO BE WITHHELD FOR THE PROSECUTION OF HUMAN LIFE
OR FOR THE PROTECTION OF THE NATIONAL SECURITY. ANY PRESENTENCE
INFORMATION WITHHELD FROM THE DEFENDANT SHALL NOT BE CONSIDERED IN
DETERMINING THE EXISTENCE OR THE NONEXISTENCE OF THE FACTORS SET FORTH
IN PARAGRAPH (6) OR (7). ANY INFORMATION RELEVANT TO ANY OF THE
MITIGATING FACTORS SET FORTH IN PARAGRAPH (6) MAY BE PRESENTED BY EITHER
THE GOVERNMENT OR THE DEFENDANT, REGARDLESS OF ITS ADMISSIBILITY UNDER
THE RULES GOVERNING ADMISSION OF EVIDENCE AT CRIMINAL TRIALS; BUT THE
ADMISIBILITY OF INFORMATION RELEVANT TO ANY OF THE AGGRAVATING FACTORS
SET FORTH IN PARAGRAPH (7) SHALL BE GOVERNED BY THE RULES GOVERNING THE
ADMISSION OF EVIDENCE AT CRIMINAL TRIALS. THE GOVERNMENT AND THE
DEFENDANT SHALL BE PERMITTED TO REBUT ANY INFORMATION RECEIVED AT THE
HEARING, AND SHALL BE GIVEN FAIR OPPORTUNITY TO PRESENT ARGUMENT AS TO
THE ADEQUACY OF THE INFORMATION TO ESTABLISH THE EXISTENCE OF ANY OF THE
FACTORS SET FORTH IN PARAGRAPH (6) IS ON THE DEFENDANT.
"(4) THE JURY OR, IF THERE IS NO JURY, THE COURT SHALL RETURN A
SPECIAL VERDICT SETTING FORTH ITS FINDINGS AS TO THE EXISTENCE OR
NONEXISTENCE OF EACH OF THE FACTORS SET FORTH IN PARAGRAPH (6) AND AS TO
THE EXISTENCE OR NONEXISTENCE OF EACH OF THE FACTORS SET FORTH IN
PARAGRAPH (7).
"(5) IF THE JURY OR, IF THERE IS NO JURY, THE COURT FINDS BY A
PREPONDERANCE OF THE INFORMATION THAT ONE OR MORE OF THE FACTORS SET
FORTH IN PARAGRAPH (7) EXISTS AND THAT NONE OF THE FACTORS SET FORTH IN
PARAGRAPH (6) EXISTS, THE COURT SHALL SENTENCE THE DEFENDANT TO DEATH.
IF THE JURY OR, IF THERE IS NO JURY, THE COURT FINDS THAT NONE OF THE
AGGRAVATING FACTORS SET FORTH IN PARAGRAPH (7) EXISTS, OR FINDS THAT ONE
OR MORE OF THE MITIGATING FACTORS SET FORTH IN PARAGRAPH (6) EXISTS, THE
COURT SHALL NOT SENTENCE THE DEFENDANT TO DEATH BUT SHALL IMPOSE ANY
OTHER SENTENCE PROVIDED FOR THE OFFENSE FOR WHICH THE DEFENDANT WAS
CONVICTED.
"(6) THE COURT SHALL NOT IMPOSE THE SENTENCE OF DEATH ON THE
DEFENDANT IF THE JURY OR, IF THERE IS NO JURY, THE COURT FINDS BY A
SPECIAL VERDICT AS PROVIDED IN PARAGRAPH (4) THAT AT THE TIME OF THE
OFFENSE---
"(A) HE WAS UNDER THE AGE OF EIGHTEEN;
"(B) HIS CAPACITY TO APPRECIATE THE WRONGFULNESS OF HIS CONDUCT
OR TO CONFORM HIS CONDUCT TO THE REQUIREMENTS OF LAW WAS
SIGNIFICANTLY IMPAIRED, BUT NOT SO IMPAIRED AS TO CONSTITUTE A
DEFENSE TO PROSECUTION;
"(C) HE WAS UNDER UNUSUAL AND SUBSTANTIAL DURESS, ALTHOUGH NOT
SUCH DURESS AS TO CONSTITUTE A DEFENSE TO PROSECUTION;
"(D) HE WAS A PRINCIPAL (AS DEFINED IN SECTION 2 (A) OF TITLE
18 OF THE UNITED STATES CODE) //65 STAT. 717.// IN THE OFFENSE,
WHICH WAS COMMITTED BY ANOTHER, BUT HIS PARTICIPATION WAS
RELATIVELY MINOR, ALTHOUGH NOT SO MINOR AS TO CONSTITUTE A DEFENSE
TO PROSECUTION; OR
"(E) HE COULD NOT REASONABLY HAVE FORESEEN THAT HIS CONDUCT IN
THE COURSE OF THE COMMISSION OF THE OFFENSE FOR WHICH HE WAS
CONVICTED WOULD CAUSE, OR WOULD CREATE A GRAVE RISK OF CAUSING
DEATH TO ANOTHER PERSON.
"(7) IF NO FACTOR SET FORTH IN PARAGRAPH (6) IS PRESENT, THE COURT
SHALL IMPOSE THE SENTENCE OF DEATH ON THE DEFENDANT IF THE JURY OR, IF
THERE IS NO JURY, THE COURT FINDS BY A SPECIAL VERDICT AS PROVIDED IN
PARAGRAPH (4) THAT---
"(A) THE DEATH OF ANOTHER PERSON RESULTED FROM THE COMMISSION
OF THE OFFENSE BUT AFTER THE DEFENDANT HAD SEIZED OR EXERCISED
CONTROL OF THE AIRCRAFT; OR
"(B) THE DEATH OF ANOTHER PERSON RESULTED FROM THE COMMISSION
OR ATTEMPTED COMMISSION OF THE OFFENSE, AND---
"(I) THE DEFENDANT HAS BEEN CONVICTED OF ANOTHER FEDERAL OR
STATE OFFENSE (COMMITTED EITHER BEFORE OR AT TIME OF THE COMMISION
OR ATTEMPTED COMMISION OF THE OFFENSE) FOR WHICH A SENTENCE OF
LIFE IMPRISONMENT OR DEATH WAS IMPOSABLE;
"(II) THE DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF TWO OR
MORE STATE OR FEDERAL OFFENSES WITH A PENALITY OF MORE THAN ONE
YEAR IMPRISONMENT (COMMITTED ON DIFFERENT OCCASIONS BEFORE THE
TIME OF THE COMMISSION OR ATTEMPTED COMMISSION OF THE OFFENSE),
INVOLVING THE INFLICTION OF SERIOUS BODILY INJURY UPON ANOTHER
PERSON;
"(III) IN THE COMMISSION OR ATTEMPTED COMMISIION OF THE
OFFENSE, THE DEFENDANT KNOWINGLY CREATED A GRAVE RISK OF DEATH TO
ANOTHER PERSON IN ADDITION TO THE VICTIM OF THE OFFENSE OR
ATTEMPTED OFFENSE; OR
"(IV) THE DEFENDANT COMMITTED OR ATTEMPTED TO COMMIT THE
OFFENSE IN AN ESPECIALLY HEINOUS, CRUEL, OR DEPRAVED MANNER."
SEC. 106. TITLE XI OF SUCH ACT (49 U.S.C. 1501 - 1513) //72 STAT.
797; 87 STAT. 90.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SECTIONS:
"SEC. 1114. (A) WHENEVER THE PRESIDENT DETERMINES THAT A FOREIGN
NATION IS ACTING IN A MANNER INCONSISTENT WITH THE CONVENTION FOR THE
SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT, OR IF HE DETERMINES THAT A
FOREIGN NATION PERMITS THE USE OF TERRITORY UNDER ITS JURISDICTION AS A
BASE OF OPERATIONS OR TRAINING OR AS A SANCTUARY FOR, OR IN ANY WAY
ARMS, AIDS, OR ABETS, ANY TERRORIST ORGANIZATION WHICH KNOWINGLY USES
THE ILLEGAL SEIZURE OF AIRCRAFT OR THE THREAT THEREOF AS AN INSTRUMENT
OF POLICY, HE MAY, WITHOUT NOTICE OR HEARING AND FOR AS LONG AS HE D
DETERMINES NECESSARY TO ASSURE THE SECURITY OF AIRCRAFT AGAINST UNLAWFUL
SEIZURE, SUSPEND (1) THE RIGHT OF ANY AIR CARRIER OR FOREIGN AIR CARRIER
TO ENGAGE IN FOREIGN AIR TRANSPORTATION, AND THE RIGHT OF ANY PERSON TO
OPERATE AIRCRAFT IN FOREIGN AIR COMMERCE, TO AND FROM THAT FOREIGN
NATION, AND (2) THE RIGHT OF ANY FOREIGN AIR CARRIER TO ENGAGE IN
FOREIGN AIR TRANSPORTATION, AND THE RIGHT OF ANY FOREIGN PERSON TO
OPERATE AIRCRAFT IN FOREIGN AIR COMMERCE, BETWEEN THE UNITED STATES AND
ANY FOREIGN NATION WHICH MAINTAINS AIR SERVICE BETWEEN ITSELF AND THAT
FOREIGN NATION. NOTHWITHSTANDING SECTION 1102 OF THIS ACT, //72 STAT.
797, 49 USC 1502.// THE PRESIDENT'S AUTHORITY TO SUSPEND RIGHTS UNDER
THIS SECTION SHALL BE DEEMED TO BE A CONDITION TO ANY CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY OR FOREIGN AIR CARRIER OR FOREIGN
AIRCRAFT PERMIT ISSUED BY THE CIVIL AERONAUTICS BOARD AND ANY AIR
CARRIER OPERATING CERTIFICATE OR FOREIGN AIR CARRIER OPERATING
SPECIFICATION ISSUED BY THE SECRETARY OF TRANSPORTATION.
"(B) IT SHALL BE UNLAWFUL FOR ANY AIR CARRIER OR FOREIGN AIR CARRIER
TO ENGAGE IN FOREIGN AIR TRANSPORTATION, OR FOR ANY PERSON TO OPERATE
AIRCRAFT IN FOREIGN AIR COMMERCE, IN VIOLATION OF THE SUSPENSION OF
RIGHTS BY THE PRESIDENT UNDER THIS SECTION.
"SECURITY STANDARDS IN FOREIGN AIR TRANSPORTATION //49 USC
1515.//
"SEC. 1115. (A) NOT LATER THAN 30 DAYS AFTER THE DATE OF ENACTMENT OF
THIS SECTION, THE SECRETARY OF STATE SHALL NOTIFY EACH NATION WITH WHICH
THE UNITED STATES HAS A BILATERAL AIR TRANSPORT AGREEMENT OR, IN THE
ABSENCE OF SUCH AGREEMENT, EACH NATION WHOSE AIRLINE OR AIRLINES HOLD A
FOREIGN AIR CARRIER PERMIT OR PERMITS ISSUED PURSUANT TO SECTION 402 OF
THIS ACT, //72 STAT. 757, 49 USC 1372.// OF THE PROVISIONS OF SUBSECTION
(B) OF THIS SECTION.
"(B) IN ANY CASE WHERE THE SECRETARY OF TRANSPORTATION, AFTER
CONSULTATION WITH THE COMPETENT AERONAUTICAL AUTHORITIES OF A FOREIGN
NATION WITH WHICH THE UNITED STATES HAS A BILATERAL AIR TRANSPORT
AGREEMENT AND IN ACCORDANCE WITH THE PROVISIONS OF THAT AGREEMENT OR, IN
THE ABSENCE OF SUCH AGREEMENT, OF A NATION WHOSE AIRLINE OR AIRLINES
HOLD A FOREIGN AIR CARRIER PERMIT OR PERMITS ISSUED PURSUANT TO SECTION
402 OF THIS ACT, FINDS THAT SUCH NATION DOES NOT EFFECTIVELY MAINTAIN
AND ADMINISTER SECURITY MEASURES RELATING TO TRANSPORTATION OF PERSONS
OR PROPERTY OR MAIL IN FOREIGN AIR TRANSPORTATION THAT ARE EQUAL TO OR
ABOVE THE MINIMUM STANDARDS WHICH ARE ESTABLISHED PURSUANT TO THE
CONVENTION ON INTERNATIONAL CIVIL AVIATION, HE SHALL NOTIFY THAT NATION
OF SUCH FINDING AND THE STEPS CONSIDERED NECESSARY TO BRING THE SECURITY
MEASURES OF THAT NATION TO STANDARDS AT LEAST EQUAL TO THE MINIMUM
STANDARDS OF SUCH CONVENTION. //61 STAT. 1180.// IN THE EVENT OF
FAILURE OF THAT NATION TO TAKE SUCH STEPS, THE SECRETARY OF
TRANSPORTATION, WITH THE APPROVAL OF THE SECRETARY OF STATE, MAY
WITHHOLD, REVOKE, OR IMPOSE CONDITIONS ON THE OPERATING AUTHORITY OF THE
AIRLINE OR AIRLINES OF THAT NATION.".
SEC. 107. THE FIRST SENTENCE OF SECTION 901 (A) (1) OF SUCH ACT (49
U.S.C. 1471 (A) (1)), //76 STAT. 149.// RELATING TO CIVIL PENALTIES, IS
AMENDED BY INSERTING ", OR OF SECTION 1114," IMMEDIATELY BEFORE "OF THIS
ACT". //ANTE, P. 413.//
SEC. 108. SUBSECTION (A) OF SECTION 1007 OF SUCH ACT (49 U.S.C.
1487), //72 STAT. 796.// RELATING TO JUDICIAL ENFORCEMENT, IS AMENDED BY
INSERTING "OR, IN THE CASE OF A VIOLATION OF SECTION 1114 OF THIS ACT,
THE ATTORNEY GENERAL," IMMEDIATELY AFTER "DULY AUTHORIZED AGENTS,".
SEC. 109. (A) THAT PORTION OF THE TABLE OF CONTENTS CONTAINED IN THE
FIRST SECTION OF THE FEDERAL AVIATION AXT OF 1958 WHICH APPEARS UNDER
THE SIDE HEADING
"SEC. 902. CRIMINAL PENALTIES." IS AMENDED BY STRIKING OUT---,
"(N) INVESTIGATIONS BY THE FEDERAL BUREAU OF INVESTIGATION.
"(O) INTERFERENCE WITH AIRCRAFT ACCIDENT INVESTIGATION."
AND INSERTING IN LIEU THEREOF---,
"(N) AIRCRAFT PIRACY OUTSIDE SPECIAL AIRCRAFT JURISDICTION OF
THE UNITED STATES.
"(O) INVESTIGATIONS BY FEDERAL BUREAU OF INVESTIGATION.
"(P) INTERFERENCE WITH AIRCRAFT ACCIDENT INVESTIGATION.".
(B) THAT PORTION OF SUCH TABLE OF CONTENTS WHICH APPEARS UNDER THE
SIDE HEADING
"SEC. 903. VENUE AND PROSECUTION OF OFFENSES." IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING NEW ITEM:
"(C) PROCEDURE IN RESPECT OF PENALTY FOR AIRCRAFT PIRACY.".
(C) THAT PORTION OF SUCH TABLE OF CONTENTS WHICH APPEARS UNDER THE
CENTER HEADING "TITLE XI-MISCELLANEOUS" IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW ITEMS:
"SEC. 1114. SUSPENSION OF AIR SERVICES.
"SEC. 1115. SECURITY STANDARDS IN FOREIGN AIR TRANSPORTATION.".
SEC. 201. THIS TITLE MAY BE CITED AS THE "AIR TRANSPORTATION SECURITY
ACT OF 1974". //49 USC 1356 NOTE.//
SEC. 202. TITLE III OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C.
1341 - 1355), //72 STAT. 7449// RELATING TO ORGANIZATION OF THE FEDERAL
AVIATION ADMINISTRATION AND THE POWERS AND DUTIES OF THE ADMINISTRATOR,
IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTIONS:
"SEC. 315. (A) THE ADMINISTRATOR SHALL PRESCRIBE OR CONTINUE IN
EFFECT REASONABLE REGULATIONS REQUIRING THAT ALL PASSENGERS AND ALL
PROPERTY INTENDED TO BE CARRIED IN THE AIRCRAFT CABIN AIR TRANSPORTATION
OR INTRASTATE AIR TRANSPORTATION BE SCREENED BY WEAPON-DETECTING
PROCEDURES OR FACILITIES EMPLOYED OR OPERATED BY EMPLOYEES OR AGENTS OF
THE AIR CARRIER, INSTRASTATE AIR CARRIER, OR FOREIGN AIR CARRIER PRIOR
TO BOARDING THE AIRCRAFT FOR SUCH TRANSPORTATION. ONE YEAR AFTER THE
DATE OF ENACTMENT OF THIS SECTION OR AFTER THE EFFECTIVE DATE OF SUCH
REGULATIONS, WHICHEVER IS LATER, THE ADMINISTRATOR MAY ALTER OR AMEND
SUCH REGULATIONS, REQUIRING A CONTINUATION OF SUCH SCREENING ONLY TO THE
EXTENT DEEMED NECESSARY TO ASSURE SECURITY AGAINST ACTS OF CRIMINAL
VIOLENCE AND AIRCRAFT PIRACY IN AIR TRANSPORTATION AND INTRASTATE AIR
TRANSPORTATION. THE ADMINISTRATOR SHALL SUBMIT SEMIANNUAL REPORTS TO
THE CONGRESS CONCERNING THE EFFECTIVENESS OF SCREENING PROCEDURES UNDER
THIS SUBSECTION AND SHALL ADVISE THE CONGRESS OF ANY REGULATIONS OR
AMENDMENTS THERETO TO BE PRESCRIBED PURSUANT TO THIS SUBSECTION AT LEAST
30 DAYS IN ADVANCE OF THEIR EFFECTIVE DATE, UNLESS HE DETERMINES THAT AN
EMERGENCY EXISTS WHICH REQUIRES THAT SUCH REGULATIONS OR AMENDMENTS TAKE
EFFECT IN LESS THAN 30 DAYS AND NOTIFIES THE CONGRESS OF HIS
DETERMINATION.
"(B) THE ADMINISTRATOR MAY EXEMPT FROM THE PROVISIONS OF THIS
SECTION, IN WHOLE OR IN PART, AIR TRANSPORTATION OPERATIONS, OTHER THAN
THOSE SCHEDULED PASSENGER OPERATIONS PERFORMED BY AIR CARRIERS ENGAGING
IN INTERSTATE, OVERSEAS, OR FOREIGN AIR TRANSPORTATION UNDER A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED BY THE CIVIL
AERONAUTICS BOARD UNDER SECTION 401 OF THIS ACT //72 STAT. 754; 82
STAT. 867, 49 USC 1371.// OR UNDER A FOREIGN AIR CARRIER PERMIT ISSUED
BY THE BOARD UNDER SECTION 402 OF THIS ACT. //49 USC 1372.//
"SEC. 316. (A) (1) THE ADMINISTRATOR OF THE FEDERAL AVIATION
ADMINISTRATION SHALL PRESCRIBE SUCH REASONABLE RULES AND REGULATIONS
REQUIRING SUCH PRACTICES, METHODS, AND PROCEDURES, OR GOVERNING THE
DESIGN, MATERIALS, AND CONSTRUCTION OF AIRCRAFT, AS HE MAY DEEM
NECESSARY TO PROTECT PERSONS AND PROPERTY ABOARD AIRCRAFT OPERATING IN
AIR TRANSPORTATION OR INTRASTATE AIR TRANSPORTATION AGAINST ACTS OF
CRIMINAL VIOLENCE AND AIRCRAFT PIRACY.
"(2) IN PRESCRIBING AND AMENDING RULES AND REGULATIONS UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE ADMINISTRATOR SHALL---
"(A) CONSULT WITH THE SECRETARY OF TRANSPORTATION, THE ATTORNEY
GENERAL, AND SUCH OTHER FEDERAL, STATE, AND LOCAL AGENCIES AS HE
MAY DEEM APPROPRIATE;
"(B) CONSIDER WHETHER ANY PROPOSED RULE OR REGULATION IS
CONSISTENT WITH PROTECTION OF PASSENGERS IN AIR TRANSPORTATION OR
INTRASTATE AIR TRANSPORTATION AGAINST ACTS OF CRIMINAL VIOLENCE
AND AIRCRAFT PIRACY AND THE PUBLIC INTEREST IN THE PROMOTION OF
AIR TRANSPORTATION AND INTRASTATE AIR TRANSPORTATION;
"(C) TO THE MAXIMUM EXTENT PRACTICABLE, REQUIRE UNIFORM
PROCEDURES FOR THE INSPECTION, DETENTION, AND SEARCH OF PERSONS
AND PROPERTY IN AIR TRANSPORTATION AND INTRASTATE AIR
TRANSPORTATION TO ASSURE THEIR SAFETY AND TO ASSURE THAT THEY WILL
RECEIVE COURTEOUS AND EFFICIENT TREATMENT, BY AIR CARRIERS, THEIR
AGENTS AND EMPLOYEES, AND BY FEDERAL, STATE, AND LOCAL LAW
ENFORCEMENT PERSONNEL ENGAGED IN CARRYING OUT ANY AIR
TRANSPORTATION SECURITY PROGRAM ESTABLISHED UNDER THIS SECTION;
AND
"(D) CONSIDER THE EXTENT TO WHICH ANY PROPOSED RULE OR
REGULATION WILL CONTRIBUTE TO CARRYING OUT THE PURPOSES OF THIS
SECTION.
"(B) REGULATIONS PRESCRIBED UNDER SUBSECTION (A) OF THIS SECTION
SHALL REQUIRE OPERATORS OF AIRPORTS REGULARLY SERVING AIR CARRIERS
CERTIFICATED BY THE CIVIL AERONAUTICS BOARD TO ESTABLISH AIR
TRANSPORTATION SECURITY PROGRAMS PROVIDING A LAW ENFORCEMENT PRESENCE
AND CAPABILITY AT SUCH AIRPORTS ADEQUATE TO INSURE THE SAFETY OF PERSONS
TRAVELING IN AIR TRANSPORTATION OR INTRASTATE AIR TRANSPORTATION FROM
ACTS OF CRIMINAL VIOLENCE AND AIRCRAFT PIRACY. SUCH REGULATIONS SHALL
AZUTHORIZE SUCH AIRPORT OPERATORS TO UTILIZE THE SERVICES OF QUALIFIED
STATE, LOCAL, AND PRIVATE LAW ENFORCEMENT PERSONNEL WHOSE SERVICES ARE
MADE AVAILABLE BY THEIR EMPLOYERS. IN ANY CASE IN WHICH THE
ADMINISTRATOR DETERMINES, AFTER RECEIPT OF NOTIFICATION FROM AN AIRPORT
OPERATOR IN SUCH FORM AS THE ADMINISTRATOR MAY PRESCRIBE, THAT QUALIFIED
STATE, LOCAL, AND PRIVATE LAW ENFORCEMENT PERSONNEL ARE NOT AVAILABLE IN
SUFFICIENT NUMBERS TO CARRY OUT THE PROVISIONS OF SUBSECTION (A) OF THIS
SECTION, THE ADMINISTRATOR MAY, BY ORDER, AUTHORIZE SUCH AIRPORT
OPERATOR TO UTILIZE, ON A REIMBURSABLE BASIS, THE SERVICES OF---
"(1) PERSONNEL EMPLOYED BY ANY OTHER FEDERAL DEPARTMENT OR
AGENCY, WITH THE CONSENT OF THE HEAD OF SUCH DEPARTMENT OR AGENCY;
AND
"(2) PERSONNEL EMPLOYED DIRECTLY BY THE ADMINISTRATOR; AT THE
AIRPORT CONCERNED IN SUCH NUMBERS AND FOR SUCH PERIOD OF TIME AS THE
ADMINISTRATOR MAY DEEM NECESSARY TO SUPPLEMENT SUCH STATE, LOCAL, AND
PRIVATE LAW ENFORCEMENT PERSONNEL. IN MAKING THE DETERMINATION REFERRED
TO IN THE PRECEDING SENTENCE THE ADMINISTRATOR SHALL TAKE INTO
CONSIDERATION---,
"(A) THE NUMBER OF PASSENGERS ENPLANED AT SUCH AIRPORT;
"(B) THE EXTENT OF ANTICIPATED RISK OF CRIMINAL VIOLENCE AND
AIRCRAFT PIRACY AT SUCH AIRPORT OR TO THE AIR CARRIER AIRCRAFT
OPERATIONS AT SUCH AIRPORT; AND
"(C) THE AVAILABILITY AT SUCH AIRPORT OF QUALIFIED STATE OR
LOCAL LAW ENFORCEMENT PERSONNEL.
"(C) THE ADMINISTRATOR MAY PROVIDE TRAINING FOR PERSONNEL EMPLOYED BY
HIM TO CARRY OUT ANY AIR TRANSPORTATION SECURITY PROGRAM ESTABLISHED
UNDER THIS SECTION AND FOR OTHER PERSONNEL, WHOSE SERVICES MAY BE
UTILIZED IN CARRYING OUT ANY SUCH AIR TRANSPORTATION SECURITY PROGRAM.
THE ADMINISTRATOR SHALL PRESCRIBE UNIFORM STANDARDS WITH RESPECT TO
TRAINING PROVIDED PERSONNEL WHOSE SERVICES ARE UTILIZED TO ENFORCE ANY
SUCH AIR TRANSPORTATION SECURITY PROGRAM, INCLUDING STATE, LOCAL, AND
PRIVATE LAW ENFORCEMENT PERSONNEL, AND UNIFORM STANDARDS WITH RESPECT TO
MINIMUM QUALIFICATIONS FOR PERSONNEL ELIGIBLE TO RECEIVE SUCH TRAINING.
"RESEARCH AND DEVELOPMENT; CONFIDENTIAL INFORMATION
"(D) (1) THE ADMINISTRATOR SHALL CONDUCT SUCH RESEARCH (INCLUDING
BEHAVIORAL RESEARCH) AND DEVELOPMENT AS HE MAY DEEM APPROPRIATE TO
DEVELOP, MODIFY, TEST, AND EVALUATE SYSTEMS, PROCEDURES, FACILITIES, AND
DEVICES TO PROTECT PERSONS AND PROPERTY ABOARD AIRCRAFT IN AIR
TRANSPORTATION OR INTRASTATE AIR TRANSPORTATION AGAINST ACTS OF CRIMINAL
VIOLENCE AND AIRCRAFT PIRACY.
"(2) NOTWITHSTANDING SECTION 552 OF TITLE 5, UNITED STATES CODE, //81
STAT. 54.// RELATING TO FREEDOM OF INFORMATION, THE ADMINISTRATOR SHALL
PRESCRIBE SUCH REGULATIONS AS HE MAY DEEM NECESSARY TO PROHIBIT
DISCLOSURE OF ANY INFORMATION OBTAINED OR DEVELOPED IN THE CONDUCT OF
RESEARCH AND DEVELOPMENT ACTIVITIES UNDER THIS SUBSECTION IF, IN THE
OPINION OF THE ADMINISTRATOR, THE DISCLOSURE OF SUCH INFORMATION---
"(A) WOULD CONSTITUTE AN UNWARRANTED INVASION OF PERSONAL
PRIVACY (INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED IN
ANY PERSONNEL, MEDICAL, OR SIMILAR FILE);
"(B) WOULD REVEAL TRADE SECRETS OR PRIVILEGED OR CONFIDENTIAL
COMMERCIAL OR FINANCIAL INFORMATION OBTAINED FROM ANY PERSON; OR
"(C) WOULD BE DETRIMENTAL TO THE SAFETY OF PERSONS TRAVELING IN
AIR TRANSPORTATION.
NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO AUTHORIZE THE
WITHHOLDING OF INFORMATION FROM THE DULY AUTHORIZED COMMITTEES OF THE
CONGRESS.
"(E) (1) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY LAW, NO POWER,
FUNCTION, OR DUTY OF THE ADMINISTRATOR OF THE FEDERAL AVIATION
ADMINISTRATION UNDER THIS SECTION SHALL BE ASSIGNED OR TRANSFERRED TO
ANY OTHER FEDERAL DEPARTMENT OR AGENCY.
"(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ADMINISTRATOR OF
THE FEDERAL AVIATION ADMINISTRATION SHALL HAVE EXCLUSIVE RESPONSIBILITY
FOR THE DIRECTION OF ANY LAW ENFORCEMENT ACTIVITY AFFECTING THE SAFETY
OF PERSONS ABOARD AIRCRAFT IN FLIGHT INVOLVED IN THE COMMISSION OF AN
OFFENSE UNDER SECTION 902(I) OR 902(N) OF THIS ACT. //ANTE, P. 410.//
OTHER FEDERAL DEPARTMENTS AND AGENCIES SHALL, UPON REQUEST BY THE
ADMINISTRATOR, PROVIDE SUCH ASSISTANCE AS MAY BE NECESSARY TO CARRY OUT
THE PURPOSES OF THIS PARAGRAPH.
"(3) FOR THE PURPOSES OF THIS SUBSECTION, AN AIRCRAFT IS CONSIDERED
IN FLIGHT FROM THE MOMENT WHEN ALL EXTERNAL DOORS ARE CLOSED FOLLOWING
EMBARKATION UNTIL THE MOMENT WHEN ONE SUCH DOOR IS OPENED FOR
DISEMBARKATION.
"(F) FOR THE PURPOSES OF THIS SECTION, THE TERM 'LAW ENFORCEMENT
PERSONNEL' MEANS INDIVIDUALS---,
"(1) AUTHORIZED TO CARRY AND USE FIREARMS,
"(2) VESTED WITH SUCH POLICE POWER OF ARREST AS THE
ADMINISTRATOR DEEMS NECESSARY TO CARRY OUT THIS SECTION, AND
"(3) IDENTIFIABLE BY APPROPRIATE INDICIA OF AUTHORITY.".
SEC. 203. SECTION 902(I) OF THE FEDERAL AVIATION ACT OF 1958 IS
AMENDED TO READ AS FOLLOWS: //75 STAT. 466; 84 STAT. 921, 49 USC
1472.//
"(1) (1) WHOEVER, WHILE ABOARD, OR WHILE ATTEMPTING TO BOARD, ANY
AIRCRAFT IN, OR INTENDED FOR OPERATION IN, AIR TRANSPORTATION OR
INTRASTATE AIR TRANSPORTATION, HAS ON OR ABOUT HIS PERSON OR HIS
PROPERTY A CONCEALED DEADLY OR DANGEROUS WEAPON, WHICH IS, OR WOULD BE,
ACCESSIBLE TO SUCH PERSON IN FLIGHT, OR ANY PERSON WHO HAS ON OR ABOUT
HIS PERSON, OR WHO HAS PLACED, ATTEMPTED TO PLACE, OR ATTEMPTED TO HAVE
PLACED ABOARD SUCH AIRCRAFT ANY BOMB, OR SIMILAR EXPLOSIVE OR INCENDIARY
DEVICE, SHALL BE FINED NOT MORE THAN $1,000 OR IMPRISONED NOT MORE THAN
ONE YEAR, OR BOTH.
"(2) WHOEVER WILLFULLY AND WITHOUT REGARD FOR THE SAFETY OF HUMAN
LIFE, OR WITH RECKLESS DISREGARD FOR THE SAFETY OF HUMAN LIFE, SHALL
COMMIT AN ACT PROHIBITED BY PARAGRAPH (1) OF THIS SUBSECTION, SHALL BE
FINED NOT MORE THAN $5,000 OR IMPRISONED NOT MORE THAN FIVE YEARS, OR
BOTH.
"(3) THIS SUBSECTION SHALL NOT APPLY TO LAW ENFORCEMENT OFFICERS OF
ANY MUNICIPAL OR STATE GOVERNMENT, OR THE FEDERAL GOVERNMENT, WHO ARE
AUTHORIZED OR REQUIRED WITHIN THEIR OFFICIAL CAPACITIES TO CARRY ARMS,
OR TO PERSONS WHO MAY BE AUTHORIZED, UNDER REGULATIONS ISSUED BY THE
ADMINISTRATOR, TO CARRY DEADLY OR DANGEROUS WEAPONS IN AIR
TRANSPORTATION OR INTRASTATE AIR TRANSPORTATION; NOT SHALL IT APPLY TO
PERSONS TRANSPORTING WEAPONS CONTAINED IN BAGGAGE WHICH IS NOT
ACCESSIBLE TO PASSENGERS IN FLIGHT IF THE PRESENCE OF SUCH WEAPONS HAS
BEEN DECLARED TO THE AIR CARRIER."
SEC. 204. SECTION 1111 OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.
C. 1511), //72 STAT. 800; 75 STAT. 467.// RELATING TO AUTHORITY TO
REFUSE TRANSPORTATION, IS AMENDED TO READ AS FOLLOWS:
"SEC. 1111. (A) THE ADMINISTRATOR SHALL, BE REGULATION, REQUIRE ANY
AIR CARRIER, INTRASTATE AIR CARRIER, OR FOREIGN AIR CARRIER TO REFUSE TO
TRANSPORT---,
"(1) ANY PERSON WHO DOES NOT CONSENT TO A SEARCH OF HIS PERSON,
AS PRESCRIBED IN SECTION 315 (A) OF THIS ACT, //ANTE, P. 415.//
TO DETERMINE WHETHER HE IS UNLAWFULLY CARRYING A DANGEROUS WEAPON,
EXPLOSIVE, OR OTHER DESTRUCTIVE SUBSTANCE, OR
"(2) ANY PROPERTY OF ANY PERSON WHO DOES NOT CONSENT TO A
SEARCH OR INSPECTION OF SUCH PROPERTY TO DETERMINE WHETHER IT
UNLAWFULLY CONTAINS A DANGEROUS WEAPON, EXPLOSIVE, OR OTHER
DESTRUCTIVE SUBSTANCE.
SUBJECT TO REASONABLE RULES AND REGULATIONS PRESCRIBED BY THE
ADMINISTRATOR, ANY SUCH CARRIER MAY ALSO REFUSE TRANSPORTATION OF A
PASSENGER OR PROPERTY WHEN, IN THE OPINION OF THE CARRIER, SUCH
TRANSPORTATION WOULD OR MIGHT BER INIMICAL TO SAFETY OF FLIGHT.
"(B) ANY AGREEMENT FOR THE CARRIAGE OF PERSONS OR PROPERTY IN AIR
TRANSPORTATION OR INTRASTATE AIR TRANSPORTATION BY AN AIR CARRIER,
INTRASTATE AIR CARRIER, OR FOREIGN AIR CARRIER FOR COMPENSATION OR HIRE
SHALL BE DEEMED TO INCLUDE AN AGREEMENT THAT SUCH CARRIAGE SHALL BE
REFUSED WHEN CONSENT TO SEARCH SUCH PERSONS OR INSPECT SUCH PROPERTY FOR
THE PURPOSES ENUMERATED IN SUBSECTION (A) OF THIS SECTION IS NOT
GIVEN.".
SEC. 205. TITLE XI OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C.
1501 - 1513) //ANTE, P. 413.// IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SECTION:
"SEC. 1116. THE CIVIL AERONAUTICS BOARD SHALL ISSUE SUCH REGULATIONS
OR ORDERS AS MAY BE NECESSARY TO REQUIRE THAT ANY AIR CARRIER RECEIVING
FOR TRANSPORTATION AS BAGGAGE ANY PROPERTY OF A PERSON TRAVELING IN AIR
TRANSPORTATION, WHICH PROPERTY CANNOT LAWFULLY BE CARRIED BY SUCH PERSON
IN THE AIRCRAFT CABIN BY REASON OF ANY FEDERAL LAW OR REGULATION, SHALL
ASSUME LIABILITY TO SUCH PERSON, AT A REASONABLE CHARGE AND SUBJECT TO
REASONABLE TERMS AND CONDITIONS, WITHIN THE AMOUNT DECLARED TO THE AIR
CARRIER BY SUCH PERSON, FOR THE FULL ACTUAL LOSS OR DAMAGE TO SUCH
PROPERTY CAUSED BY SUCH AIR CARRIER.".
SEC. 206. SECTION 101 OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C.
1301), //ANTE, P. 409.// RELATING TO DEFINITIONS, IS AMENDED BY
REDESIGNATING PARAGRAPHS (22) THROUGH (36) AS PARAGRAPHS (24) THROUGH
(38), RESPECTIVELY, AND BY INSERTING IMMEDIATELY AFTER PARAGRAPH (21)
THE FOLLOWING NEW PARAGRAPHS:
"(22) 'INTRASTATE AIR CARRIER' MEANS ANY CITIZEN OF THE UNITED STATES
WHO UNDERTAKES, WHETHER DIRECTLY OR INDIRECTLY OR BY A LEASE OR ANY
OTHER ARRANGEMNT, TO ENGAGE SOLELY IN INTRASTATE AIR TRANSPORTATION.
"(23) 'INTRASTATE AIR TRANSPORTATION' MEANS THE CARRIAGE OF PERSONS
OR PROPERTY AS A COMMON CARRIER FOR COMPENSATION OR HIRE, BY
TURBOJETPOWERED AIRCRAFT CAPABLE OF CARRYING THIRTY OF MORE PERSONS,
WHOLLY WITHIN THE SAME STATE OF THE UNITED STATE.".
SEC. 207. (A) THAT PORTION OF THE TABLE OF CONTENTS CONTAINED IN THE
FIRST SECTION OF THE FEDERAL AVIATION ACT OF 1958 WHICH APPEARS UNDER
THE CENTER HEADING: "TITLE III-ORGANIZATION OF AGENCY AND POWERS AND
DUTIES OF ADMINISTRATOR" IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW ITEMS:
"SEC. 315. SCREENING OF PASSENGERS IN AIR TRANSPORTATION.
"(A) PROCEDURES AND FACILITIES.
"(B) EXEMPTION AUTHORITY.
"SEC. 316. AIR TRANSPORTATION SECURITY.
"(A) RULES AND REGULATIONS.
"(B) PERSONNEL.
"(C) TRAINING.
"(D) RESEARCH AND DEVELOPMENT; CONFIDENTIAL INFORMATION.
"(E) OVERALL FEDERAL RESPONSIBILIT
"(F) DEFINITION.
(B) THAT PORTION OF SUCH TABLE OF CONTENTS WHICH APPEARS UNDER THE
SIDE HEADING
"SEC. 902. CRIMINAL PENALTIES." IS AMENDED BY STRIKING OUT---
"(1) CARRYING WEAPONS ABOARD AIRCRAFT."
AND INSERTING IN LIEU THEREOF---
"(1) CARRYING WEAPONS OR EXPLOSIVES ABOARD AIRCRAFT.".
(C) THAT PORTION OF SUCH TABLE OF CONTENTS WHICH APPEARS UNDER THE
CENTER HEADING "TITLE XI-MISCELLANEOUS" IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW ITEM:
"SEC. 1116. LIABILITY FOR CERTAIN PROPERTY.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 885 ACCOMPANYING H.R. 3858 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE AND NO. 93 - 1194 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 13 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): FEB. 21, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAR. 13, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIEU OF H.R. 3858.
JULY 17, HOUSE AGREED TO CONFERENCE REPORT.
JULY 23, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-365, 88 STAT 399, DEPARTMENT OF DEFENSE APPROPRIATION
AUTHORIZATION ACT, 1975.
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 1975 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, $320,300,000; FOR THE NAVY AND THE
MARINE CORPS, $2,866,200,000; FOR THE AIR FORCE, $3,286,300,000 OF
WHICH (1) $104,900,000 SHALL BE USED ONLY FOR THE PROCUREMENT OF A-7D
AIRCRAFT FOR THE AIR NATIONAL GUARD OF THE UNITED STATES, AND (2)
$405,100,000 SHALL BE AVAILABLE ONLY FOR PROCUREMENT IN CONNECTION WITH
THE AIRBORNE WARNING AND CONTROL SYSTEM, AND SHALL BE AVAILABLE FOR THAT
PURPOSE ONLY IF AND AFTER THE SECRETARY OF DEFENSE DETERMINES ADN
CERTIFIES SUCH DETERMINATION TO THE CONGRESS THAT SUCH SYSTEM IS COST
EFFECTIVE AND MEETS THE MISSION NEEDS AND REQUIREMENTS OF THE DEPARTMENT
OF DEFENSE, EXCEPT THAT THE FOREGOING CERTIFICATION REQUIREMENT SHALL
NOT APPLY WITH RESPECT TO THE PROCUREMENT OF LONG LEAD TIME ITEMS FOR
SUCH SYSTEM.
FOR MISSILES: FOR THE ARMY, $436,500,000; FOR THE NAVY,
$634,500,000; FOR THE MARINE CORPS, $74,100,000; FOR THE AIR FORCE,
$1,579,200,000.
FOR NAVAL VESSELS: FOR THE NAVY, $3,156,400,000, OF WHICH SUM
$1,166,800,000 SHALL BE USED ONLY FOR THE TRIDENT PROGRAM; $502,500,000
SHALL BE USED ONLY FOR THE SSN-688 NUCLEAR ATTACK SUBMARINE;
$244,300,000 SHALL BE USED ONLY FOR THE DLGN NUCLEAR POWERED GUIDED
MISSILE FRIGATE PROGRAM; $457,100,000 SHALL BE USED ONLY FOR THE DD-963
PROGRAM; $16,000,000 SHALL BE USED ONLY FOR THE SEA CONTROL SHIP
PROGRAM; $92,300,000 SHALL BE USED ONLY FOR THE PATROL HYDROFOIL
MISSILE PROGRAM; $186,000,000 SHALL BE USED ONLY FOR THE PATROL FRIGATE
PROGRAM; $81,400,000 SHALL BE USED ONLY FOR THE FLEET OILER;
$116,700,000 SHALL BE USED ONLY FOR A DESTROYER TENDER; $10,800,000
SHALL BE USED ONLY FOR A FLEET OCEAN TUG; $104,600,000 SHALL BE USED
ONLY FOR THE POSEIDON CONVERSION OF FLEET BALLISTIC-MISSILE SUBMARINES;
$18,300,000 SHALL BE USED ONLY FOR CONVERSION OF A SUBMARINE TENDER;
$22,000,000 SHALL BE USED ONLY FOR CRAFT; $10,400,000 SHALL BE USED
ONLY FOR POLLUTION ABATEMENT CRAFT; $55,300,000 SHALL BE USED ONLY FOR
OUTFITTING MATERIAL AND POST DELIVERY; $71,900,000 SHALL BE USED ONLY
FOR ESCALATION ON PRIOR YEAR PROGRAMS.
FOR TRACKED COMBAT VEHICLES: FOR THE ARMY, $300,600,000; FOR THE
MARINE CORPS, $74,200,000.
FOR TORPEDOES AND RELATED SUPPORT EQUIPMENT: FOR THE NAVY,
$187,700,000.
FOR OTHER WEAPONS: FOR THE ARMY, $52,000,000; FOR THE NAVY,
$25,500,000; FOR THE MARINE CORPS, $500,000.
SEC. 201. FUNDS ARE HEREBY AUTHORIZED TO BE APPROPRIATED DURING THE
FISCAL YEAR 1975 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, $1,878,397,000;
FOR THE NAVY (INCLUDING THE MARINE CORPS), $3,153,006,000, OF WHICH
$57,500,000 SHALL BE AVAILABLE ONLY FOR APPLICATION TO SURFACE NAVAL
GUNNERY (EXCLUDING THE CLOSE-IN WEAPON SYSTEM), INCLUDING GUN FIRE
CONTROL SYSTEMS, GUN MOUNTS, UNGUIDED AND GUIDED ORDNANCE, AND FUZING;
FOR THE AIR FORCE, $3,389,517,000; AND
FOR THE DEFENSE AGENCIES, $516,057,000, OF WHICH $25,000,000 IS
AUTHORIZED FOR THE ACTIVITIES OF THE DIRECTOR OF TEST AND EVALUATION,
DEFENSE.
SEC. 301. FOR THE FISCAL YEAR BEGINNING JULY 1, 1974, AND ENDING JUNE
30, 1975, 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, 540,380;
(3) THE MARINE CORPS, 196,398;
(4) THE AIR FORCE, 627,535.
SEC. 302. (A) THE UNITED STATES MILITARY FORCES IN EUROPE CAN REDUCE
HEADQUARTERS AND NONCOMBAT MILITARY FORCES IN EUROPE RELATIVE TO THE
REDUCE HEADQUARTERS AND NONCOMBAT MILITARY PERSONNEL RELATIVE TO THE
NUMBER OF COMBAT PERSONNEL LOCATED IN EUROPE. THEREFORE, EXCEPT IN THE
EVENT OF IMMINENT HOSTILITIES IN EUROPE, THE NONCOMBAT COMPONENT OF THE
TOTAL UNITED STATES MILITARY STRENGTH IN EUROPE AUTHORIZED AS OF JUNE
30, 1974, SHALL BE REDUCED BY 18,000. SUCH REDUCTION SHALL BE COMPLETED
NOT LATER THAN JUNE 30, 1976, AND NOT LESS THAN 6,000 OF SUCH REDUCTION
SHALL BE COMPLETED ON OR BEFORE JUNE 30, 1975; HOWEVER, THE SECRETARY
OF DEFENSE IS AUTHORIZED TO INCREASE THE COMBAT COMPONENT REDUCTION MADE
IN NONCOMBAT PERSONNEL. THE SECRETARY OF DEFENSE SHALL REPORT
SEMI-ANNUALLY TO THE CONGRESS ON ALL ACTIONS TAKEN TO IMPROVE THE COMBAT
PROPORTION OF UNITED STATES FORCES IN EUROPE. THE FIRST REPORT SHALL BE
SUBMITTED NOT LATER THAN MARCH 31, 1975.
(B) FOR PURPOSES OF THIS SECTION, THE COMBAT COMPONENT OF THE ARMY
INCLUDES ONLY THE INFANTRY, CAVALRY, ARTILLERY, ARMORED, COMBAT
ENGINEERS, SPECIAL FORCES, ATTACK ASSAULT HELICOPTER UNITS, AIR DEFENSE,
AND MISSILE COMBAT UNITS OF BATTALION OR SMALLER SIZE; THE COMBAT
COMPONENT OF THE NAVY INCLUDES ONLY THE COMBAT SHIPS (AIRCRAFT CARRIER,
CRUISER, DESTROYER, SUBMARINE, ESCORT AND AMPHIBIOUS ASSAULT SHIPS) AND
COMBAT AIRCRAFT WINGS (FIGHTER, ATTACK, RECONNAISSANCE, AND PATROL);
THE COMBAT COMPONENT OF THE AIR FORCE INCLUDES ONLY THE TACTICAL FIGHTER
RECONNAISSANCE, TACTICAL AIRLIFT, FIGHTER INTERCEPTOR AND BOMBER UNITS
OF WING OR SMALLER SIZE.
(C) THE SECRETARY OF DEFENSE SHALL UNDERTAKE A SPECIFIC ASSESSMENT OF
THE COSTS AND POSSIBLE LOSS OF NONNUCLEAR COMBAT EFFECTIVENESS OF THE
MILITARY FORCES OF THE NORTH ATLANTIC TREATY ORGANIZATION COUNTRIES
CAUSED BY THE FAILURE OF THE NORTH ATLANTIC TREATY ORGANIZATION MEMBERS,
INCLUDING THE UNITED STATES, TO STANDARDIZE WEAPONS SYSTEMS, AMMUNITION,
FUEL, AND OTHER MILITARY IMPEDIMENTA FOR LAND, AIR, AND NAVAL FORCES.
THE SECRETARY OF DEFENSE SHALL ALSO DEVELOP A LIST OF STANDARDIZATION
ACTIONS THAT COULD IMPROVE THE OVERALL NORTH ATLANTIC TREATY
ORGANIZATION NONNUCLEAR DEFENSE CAPABILITY OR SAVE RESOURCES FOR THE
ALLIANCE AS A WHOLE. HE SHALL ALSO EVALUATE THE RELATIVE PRIORITY AND
EFFECT OF EACH SUCH ACTION. THE SECRETARY SHALL SUBMIT THE RESULTS OF
THESE ASSESSMENTS AND EVALUATIONS TO THE CONGRESS AND SUBSEQUENTLY SHALL
ALSO CAUSE THEM TO BE BROUGHT BEFORE THE APPROPRIATE NORTH ATLANTIC
TREATY ORGANIZATION BODIES IN ORDER THAT THE SUGGESTED ACTIONS AND
RECOMMENDATIONS CAN BECOME AN INTEGRAL PART OF THE OVERALL NORTH
ATLANTIC TREATY ORGANIZATION REVIEW OF FORCE GOALS AND DEVELOPMENT OF
FORCE PLANS. THE SECRETARY OF DEFENSE SHALL REPORT SEMIANNUALLY TO THE
CONGRESS ON THE SPECIFIC ASSESSMENTS AND EVLUATIONS MADE UNDER THE ABOVE
PROVISIONS AS WELL AS THE RESULTS ACHIEVED WITH THE NORTH ATLANTIC
TREATY ORGANIZATION ALLIES. THE FIRST SUCH REPORT SHALL BE SUBMITTED TO
CONGRESS NOT LATER THAN JANUARY 31, 1975.
(D) THE TOTAL NUMBER OF UNITED STATES TACTICAL NUCLEAR WARHEADS
LOCATED IN EUROPE ON THE DATE OF ENACTMENT OF THIS ACT SHALL NOT BE
INCREASED UNTIL AFTER JUNE 30, 1975, EXCEPT IN THE EVENT OF IMMINENT
HOSTILITIES IN EUROPE. THE SECRETARY OF DEFENSE SHALL STUDY THE OVERALL
CONCEPT FOR USE OF TACTICAL NUCLEAR WEAPONS IN EUROPE; HOW THE USE OF
SUCH WEAPONS RELATES TO DETERRENCE AND TO A STRONG CONVENTIONAL DEFENSE;
REDUCTIONS IN THE NUMBER AND TYPE OF NUCLEAR WARHEADS WHICH ARE NOT
ESSENTIAL FOR THE DEFENSE STRUCTURE FOR WESTERN EUROPE; AND THE STEPS
THAT CAN BE TAKEN TO DEVELOP A RATIONAL AND COORDINATED NUCLEAR POSTURE
BY THE NORTH ATLANTIC TREATY ORGANIZATION ALLIANCE THAT IS CONSISTENT
WITH PROPER EMPHASIS ON CONVENTIAL DEFENSE FORCES. THE SECRETARY OF
DEFENSE SHALL REPORT TO THE COMMITTEES ON ARMED SERVICES AND FOREIGN
RELATIONS OF THE SENATE AND THE COMMITTEES ON ARMED SERVICES AND FOREIGN
AFFAIRS OF THE HOUSE OF REPRESENTATIVES ON THE RESULTS OF THE ABOVE
STUDY ON OR BEFORE APRIL 1, 1975.
SEC. 401. FOR THE FISCAL YEAR BEGINNING JULY 18 1974, AND ENDING JUNE
30, 1975, THE SELECTED RESERVE OF EACH RESERVE COMPONENT OF THE ARMED
FORCES WILL 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, 225,000;
(3) THE NAVAL RESERVE, 117,000;
(4) THE MARINE CORPS RESERVE, 36,703;
(5) THE AIR NATIONAL GUARD OF THE UNITED STATES, 95,000;
(6) THE AIR FORCE RESERVE, 51,319;
(7) THE COAST GUARD RESERVE, 11,700.
SEC. 402. THE AVERAGE STRENGTH PRESCRIBED BY SECTION 401 OF THIS
TITLE 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 BY (OTHER THAN FOR TRAINING) AT ANY SUCH 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 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. 403. (A) THE AVERAGE STRENGTH PRESCRIBED BY SECTION 401 OF THIS
TITLE FOR THE AIR NATIONAL GUARD OF THE UNITED STATES SHALL BE USED TO
MAN A FORCE WHICH SHALL INCLUDE NOT LESS THAN 91 FLYING UNITS IN THE AIR
NATIONAL GUARD DURING THE FISCAL YEAR BEGINNING JULY 18 1974.
(B) IT IS THE POLICY OF CONGRESS THAT ANY INCREASE IN THE RATIO OF
AIRCREW TO AIRCRAFT FOR THE STRATEGIC AIRLIFT MISSION OF THE AIR FORCE
ABOVE THE PRESENT RATIO OF CREWMEMBERS PER AIRCRAFT SHOULD BE ACHIEVED
TO THE MAXIMUM EXTENT POSSIBLE THROUGH THE COMPONENTS OF THE SELECTED
RESERVE AND NOT BY INCREASING THE ACTIVE DUTY FORCE LEVEL OF THE AIR
FORCE. TO CARRY OUT SUCH POLICY THE SECRETARY OF DEFENSE IS DIRECTED TO
STUDY THE POSSIBILITY OF INCREASING THE STRATEGIC AIRLIFT CREW RATIO PER
AIRCRAFT TO THE REQUIRED LEVELS BY UTILIZING JOINTLY THE RESOURCES OF
THE AIR NATIONAL GUARD AND THE AIR FORCE RESERVE. SUCH STUDY SHALL
SPECIFICALLY INCLUDE: (1) RESTRUCTURING THE MISSIONS OF AIR NATIONAL
GUARD UNITS SO AS TO RETAIN AN EFFECTIVE STRATEGIC AIRLIFT CAPABILITY
WITHIN THE AIR NATIONAL GUARD AND THE AIR FORCE RESERVE; (2) THE
UTILIZATION OF AIR NATIONAL GUARD UNITS NOW IN EXISTENCE SO AS TO AVOID
THE LOSS OF EXISTING SKILLS IN THOSE UNITS; (3) ALTERNATIVES,
INCLUDING, BUT NOT LIMITED TO, TRANSFER, ROTATION, "HYBRIDIZATION", AND
"ASSOCIATION", FOR MAKING AVAILABLE TO THE AIR NATIONAL GUARD AND THE
AIR FORCE RESERVE STRATEGIC AIRLIFT AIRCRAFT IN NUMBERS SUFFICIENT TO
SUPPORT AN EFFECTIVE CAPABILITY; AND (4) THE DESIRABILITY OF NEW
STATUTORY AUTHORITY FOR THE LIMITED SELECTIVE MOBILIZATION OF MEMBERS OF
THE AIR NATIONAL GUARD UNDER CIRCUMSTANCES NOT LEADING TO A DECLARATION
OF A NATIONAL EMERGENCY BY THE CONGRESS OR THE PRESIDENT. THE SECRETARY
SHALL SUBMIT HIS STUDY TO THE CONGRESS NOT LATER THAN 180 DAYS AFTER THE
DATE OF ENACTMENT OF THIS ACT, AND BEFORE THE IMPLEMENTATION THEREOF,
TOGETHER WITH AN EVALUATION OF SUCH STUDY, A PROPOSED SCHEDULE FOR ITS
POSSIBLE IMPLEMENTATION, AND SUCH RECOMMENDATIONS FOR LEGISLATIVE ACTION
RELATING TO THE SUBJECT MATTER OF THIS SECTION AS HE MAY DEEM
APPROPRIATE.
SEC. 501. (A) (1) FOR THE FISCAL YEAR BEGINNING JULY 1, 1974, AND
ENDING JUNE 30, 1975, THE DEPARTMENT OF DEFENSE IS AUTHORIZED AN END
STRENGTH FOR CIVILIAN PERSONNEL AS FOLLOWS:
(A) THE DEPARTMENT OF THE ARMY, 358,717;
(B) THE DEPARTMENT OF THE NAVY, INCLUDING THE MARINE CORPS,
323,529;
(C) THE DEPARTMENT OF THE AIR FORCE, 269,709;
(D) ACTIVITIES AND AGENCIES OF THE DEPARTMENT OF DEFENSE (OTHER
THAN THE MILITARY DEPARTMENTS), 75,372.
(2) THE END STRENGTH FOR CIVILIAN PERSONNEL PRESCRIBED IN PARAGRAPH
(1) OF THIS SUBSECTION FOR THE FISCAL YEAR ENDING JUNE 30, 1975, SHALL
BE REDUCED BY 32,327. SUCH REDUCTION SHALL BE APPORTIONED AMONG THE
ARMY, NAVY, AIR FORCE, AND ACTIVITIES AND AGENCIES OF THE DEPARTMENT OF
DEFENSE 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 MILITARY SERVICES AND THE ACTIVITIES AND AGENCIES
OF THE DEPARTMENT OF DEFENSE AND AMONG THE MISSION CATEGORIES DESCRIBED
IN THE MANPOWER REQUIREMENTS REPORT. THIS REPORT SHALL INCLUDE THE
RATIONALE FOR EACH REDUCTION.
(B) IN COMPUTING THE AUTHORIZED END STRENGTH FOR CIVILIAN PERSONNEL
THERE SHALL BE INCLUDED ALL DIRECT-HIRE CIVILIAN PERSONNEL EMPLOYED TO
PERFORM MILITARY FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF DEFENSE
(OTHER THAN THOSE PERFORMED BY THE NATIONAL SECURITY AGENCY) WHETHER IN
PERMANENT OR TEMPORARY POSITIONS AND WHETHER EMPLOYED ON A FULL-TIME,
PART-TIME, OR INTERMITTENT BASIS, BUT EXCLUDING SPECIAL EMPLOYMENT
CATEGORIES FOR STUDENTS AND DISADVANTAGED YOUTH SUCH AS THEY
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.
(C) 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. 502. IT IS THE SENSE OF CONGRESS THAT THE DEPARTMENT OF DEFENSE
SHALL USE THE LEAST COSTLY FORM OF MANPOWER THAT IS CONSISTENT WITH
MILITARY REQUIREMENTS AND OTHER NEEDS OF THE DEPARTMENT OF DEFENSE.
//10 USC 138 NOTE.// THEREFORE, IN DEVELOPING THE ANNUAL MANPOWER
POLICIES, THE SECRETARY OF DEFENSE SHALL, IN PARTICULAR, CONSIDER THE
ADVANTAGES OF CONVERTING FROM ONE FORM OF MANPOWER TO ANOTHER (MILITARY,
CIVILIAN, OR PRIVATE CONTRACT) FOR THE PERFORMANCE OF A SPECIFIED JOB.
A FULL JUSTIFICATION OF ANY CONVERSION FROM ONE FORM OF MANPOWER TO
ANOTHER SHALL BE CONTAINED IN THE ANNUAL MANPOWER REQUIREMENTS REPORT TO
THE CONGRESS REQUIRED BY SECTION 138 (C) (3) OF TITLE 10, UNITED STATES
CODE. //87 STAT. 612.//
SEC. 601. (A) FOR THE FISCAL YEAR BEGINNING JULY 1, 1974, AND ENDING
JUNE 30, 1975, EACH COMPONENT OF THE ARMED FORCES IS AUTHORIZED AN
AVERAGE MILITARY TRAINING STUDENT LOAD AS FOLLOWS:
(1) THE ARMY, 97,638;
(2) THE NAVY, 71,279;
(3) THE MARINE CORPS, 268262
(4) THE AIR FORCE, 52,900;
(5) THE ARMY NATIONAL GUARD OF THE UNITED STATES, 12,111;
(6) THE ARMY RESERVE 6,673;
(7) THE NAVAL RESERVE, 2,536;
(8) THE MARINE CORPS RESERVE, 3,403;
(9) THE AIR NATIONAL GUARD OF THE UNITED STATES, 2,359; AND
(10) THE AIR FORCE RESERVE, 1,126.
(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, 1975, SHALL BE ADJUSTED CONSISTENT WITH THE MANPOWER STRENGTHS
PROVIDED IN TITLE III, TITLE IV, AND TITLE 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. (A) PARAGRAPH (1) OF SECTION 401 (A) OF PUBLIC LAW 89 -
367, APPROVED MARCH 15, 1966 (80 STAT. 37), AS AMENDED, IS AMENDED TO
READ AS FOLLOWS:
"(1) THERE IS AUTHORIZED TO BE APPROPRIATED AS A SINGLE APPROPRIATION
TO THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING JUNE 30, 1975,
THE SUM OF $1,000,000,000, INCLUDING $263,860,000 FOR PROCUREMENT OF
AIRCRAFT, MISSILES, TRACKED COMBAT VEHICLES, AND OTHER WEAPONS, TO
SUPPORT SOUTH VIETNAMESE MILITARY FORCES. SUCH APPROPRIATION SHALL BE
ADMINISTERED AND ACCOUNTED FOR AS ONE FUND AND MAY BE OBLIGATED ONLY BY
THE ISSUANCE OF ORDERS BY THE SECRETARY OF DEFENSE FOR SUCH SUPPORT.
FUNDS APPROPRIATED PURSUANT TO THIS SECTION SHALL BE DEEMED OBLIGATED AT
THE TIME THE SECRETARY OF DEFENSE ISSUES ORDERS AUTHORIZING SUPPORT OF
ANY KIND TO SOUTH VIETNAMESE MILITARY FORCES. NO SUPPORT HEREIN
AUTHORIZED MAY BE MADE AVAILABLE IN ANY MANNER UNLESS PURSUANT TO A
SPECIFIC ORDER ISSUED BY THE SECRETARY."
(B) THAT PORTION OF PARAGRAPH (2) OF SUCH SECTION 401 (A) WHICH
PRECEDES CLAUSE (A) IS AMENDED TO READ AS FOLLOWS:
"(2) NO DEFENSE ARTICLE MAY BE FURNISHED TO THE SOUTH VIETNAMESE
FORCES WITH FUNDS AUTHORIZED UNDER THIS OR ANY OTHER ACT UNLESS THE
GOVERNMENT OF THE REPUBLIC OF SOUTH VIETNAM SHALL HAVE AGREED THAT-".
(C) SECTION 401 OF SUCH PUBLIC LAW 89 - 367 IS AMENDED BY STRIKING
OUT SUBSECTIONS (B), (C), AND (D) AND INSERTING IN LIEU THEREOF THE
FOLLOWING:
"(B) NO FUNDS AUTHORIZED BY THIS OR ANY OTHER ACT TO OR FOR USE BY
THE DEPARTMENT OF DEFENSE MAY BE OBLIGATED IN THE FISCAL YEAR ENDING
JUNE 30, 1975, FOR SUPPORT OF SOUTH VIETNAMESE MILITARY FORCES IN ANY
AMOUNT IN EXCESS OF THE AMOUNT OF $1,000,000,000.
"(C) ANY OBLIGATION INCURRED AGAINST FUNDS AUTHORIZED UNDER THIS
SECTION SHALL, IN THE CASE OF NONEXCESS MATERIALS AND SUPPLIES FURNISHED
FORM THE INVENTORY OF THE DEPARTMENT OF DEFENSE, BE EQUAL TO THE
REPLACEMENT COST THEREOF AT THE TIME SUCH OBLIGATION IS INCURRED, AND IN
THE CASE OF EXCESS MATERIALS AND SUPPLIES, BE EQUAL TO THE ACTUAL VALUE
THEREOF AT THE TIME SUCH OBLIGATION IS INCURRED.
"(D) NO FUNDS AUTHORIZED BY THIS SECTION MAY BE USED IN ANY WAY TO
SUPPORT VIETNAMESE OR OTHER FORCES IN ACTIONS DESIGNED TO PROVIDE
MILITARY SUPPORT AND ASSISTANCE TO THE GOVERNMENT OF CAMBODIA OR LAOS.
"(E) WITHIN 30 DAYS AFTER THE END OF EACH QUARTER OF THE FISCAL YEAR,
THE SECRETARY OF DEFENSE SHALL SUBMIT TO THE COMMITTEES ON ARMED
SERVICES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES A WRITTEN REPORT
REGARDING ACTUAL OBLIGATIONS INCURRED AGAINST FUNDS APPROPRIATED
PURSUANT TO THIS SECTION. SUCH REPORT SHALL INDICATE THE DIFFERENT
PURPOSES FOR WHICH SUCH OBLIGATIONS WERE INCURRED AND THE AMOUNTS
THEREOF, TOGETHER WITH SUCH OTHER INFORMATION AS THE SECRETARY
DETERMINES APPROPRIATE."
SEC. 702. SUBSECTION (B) OF SECTION 7307 OF TITLE 10, UNITED STATES
CODE, //70A STAT. 452.// IS AMENDED TO READ AS FOLLOWS:
"(B) (1) AFTER THE DATE OF ENACTMENT OF THIS PARAGRAPH, NO NAVAL
VESSEL IN EXCESS OF 2,000 TONS OR LESS THAN 20 YEARS OF AGE MAY BE SOLD,
LEASED, GRANTED, LOANED, BARTERED, TRANSFERRED, OR OTHERWISE DISPOSED OF
TO ANOTHER NATION UNLESS THE DISPOSITION THEREOF HAS BEEN APPROVED BY
LAW ENACTED AFTER SUCH DATE OF ENACTMENT.
"(2) AFTER THE DATE OF ENACTMENT OF THIS PARAGRAPH, ANY NAVAL VESSEL
NOT SUBJECT TO THE PROVISIONS OF PARAGRAPH (1) MAY BE SOLD, LEASED,
GRANTED, LOANED, BARTERED, TRANSFERRED, OR OTHERWISE DISPOSED OF TO
ANOTHER NATION IN ACCORDANCE WITH APPLICABLE PROVISIONS OF LAW ONLY
AFTER THE SECRETARY OF THE NAVY, OR HIS DESIGNEE, HAS NOTIFIED THE
COMMITTEES ON ARMED SERVICES OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES IN WRITING OF THE PROPOSED DISPOSITION AND 30 DAYS OF
CONTINUOUS SESSION OF CONGRESS HAVE EXPIRED FOLLOWING THE DATE ON WHICH
NOTICE WAS TRANSMITTED TO SUCH COMMITTEES. FOR PURPOSES OF THIS
PARAGRAPH, THE CONTINUITY OF A SESSION OF CONGRESS IS BROKEN ONLY BY AN
ADJOURNMENT OF THE CONGRESS SINE DIE, AND THE DAYS ON WHICH EITHER HOUSE
IS NOT IN SESSION BECAUSE OF AN ADJOURNMENT OF MORE THAN 3 DAYS TO A DAY
CERTAIN ARE EXCLUDED IN THE COMPUTATION OF SUCH 30-DAY PERIOD."
SEC. 703. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO FUNDS
AUTHORIZED TO BE APPROPRIATED PURSUANT TO THIS ACT MAY BE USED FOR
RESEARCH, TESTING, AND/OR EVALUATION OF POISONOUS GASES, RADIOACTIVE
MATERIALS, POISONOUS CHEMICALS, OR BIOLOGICAL OR CHEMICAL WARFARE AGENTS
UPON DOGS FOR THE PURPOSE OF DEVELOPING BIOLOGICAL OR CHEMICAL WEAPONS.
SEC. 704. SECTION 204 OF PUBLIC LAW 93 - 166 IS AMENDED BY ADDING AT
THE END THEREOF A NEW SUBSECTION AS FOLLOWS: //87 STAT. 668.//
"(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CONDUCT BY THE
DEPARTMENT OF THE NAVY OF TRAINING OPERATIONS AT THE CULEBRA COMPLEX
INVOLVING THE FIRING OF ANY SHELLS, MISSILES, OR OTHER PROJECTILES FROM
SHIPS OR THE DROPPING OF ANY BOMBS, STRAFING, FIRING OF ROCKETS OR
MISSILES, OR THE LAUNCHING OF ANY OTHE PROJECTILES FROM AIRCRAFT AT
CULEBRA OR AT ANY KEYS WITHIN THREE NAUTICAL MILES THEREOF IS PROHIBITED
DURING ANY PERIOD OF TIME THAT THE NEGOTIATIONS REQUIRED BY SUBSECTION
(B) HAVE BEEN ENDED ON THE INITIATIVE OF THE UNITED STATES GOVERNMENT
PRIOR TO THE CONCLUSION OF A SATISFACTORY AGREEMENT. IN THE CONDUCT OF
THE NEGOTIATIONS REQUIRED BY SUBSECTION (B) THE SECRETARY OF THE NAVY
SHALL NOT AGREE TO ANY RELOCATION OF TRAINING OPERATIONS FROM THE ISLAND
OF CULEBRA WHICH WOULD BE RENDERED INEFFECTIVE BY ANY INTERNATIONAL
AGREEMENT ON THE LAW OF THE SEA WHICH MAY BECOME INTERNATIONAL LAW
WITHIN THREE YEARS AFTER THE DATE OF THE ENACTMENT OF THIS ACT."
SEC. 705. SECTION 401 OF THE DEPARTMENT OF DEFENSE SUPPLEMENTAL
APPROPRIATIONS AUTHORIZATION ACT, 1974, //ANTE, P. 234.// IS AMENDED BY
STRIKING OUT THE PERIOD AT THE END OF SUCH SECTION AND INSERTING IN LIEU
THEREOF THE FOLLOWING: "WHEN HIS ENLISTMENT IS NEEDED TO MEET
ESTABLISHED STRENGHT REQUIREMENTS.".
SEC. 706. NONE OF THE FUNDS AUTHORIZED BY THIS ACT MAY BE USED FOR
THE PURPOSE OF CARRYIN GOUT ANY PROPOSED FLIGHT TEST (INCLUDING
OPERATIONAL BASE LAUNCH) OF THE MINUTEMAN MISSILE FROM ANY PLACE WITHIN
THE UNITED STATES OTHER THAN VANDENBERG AIR FORCE BASE, LOMPOC,
CALIFORNIA.
SEC. 707. (A) NO FUNDS AUTHORIZED TO BE APPROPRIATED BY THIS OR ANY
OTHER ACT MAY BE OBLIGATED UNDER A CONTRACT ENTERED INTO BY THE
DEPARTMENT OF DEFENSE AFTER THE DATE OF THE ENACTMENT OF THIS ACT FOR
PROCUREMENT OF GOODS WHICH ARE OTHER THAN AMERICAN GOODS UNLESS, UNDER
REGULATIONS OF THE SECRETARY OF DEFENSE AND SUBJECT TO THE
DETERMINATIONS AND EXCEPTIONS CONTAINED IN TITLE III OF THE ACT OF MARCH
3, 1933, AS AMENDED (47 STAT. 1520; 41 U.S.C. 10A, 10B), POPULARLY
KNOWN AS THE BUY AMERICAN ACT, THERE IS ADEQUATE CONSIDERATION GIVEN TO-
(1) THE BIDS OR PROPOSALS OF FIRMS LOCATED IN LABOR SURPLUS
AREAS IN THE UNITED STATES AS DESIGNATED BY THE DEPARTMENT OF
LABOR WHICH HAVE OFFERED TO FURNISH AMERICAN GOODS;
(2) THE BIDS OR PROPOSALS OF SMALL BUSINESS FIRMS IN THE UNITED
STATES WHICH HAVE OFFERED TO FURNISH AMERICAN GOODS;
(3) THE BIDS OR PROPOSALS OF ALL OTHER FIRMS IN THE UNITED
STATES WHICH HAVE OFFERED TO FURNISH AMERICAN GOODS;
(4) THE UNITED STATES BALANCE OF PAYMENTS;
(5) THE COST OF SHIPPING GOODS WHICH ARE OTHER THAN AMERICAN
GOODS; AND
(6) ANY DUTY, TARIFF, OR SURCHARGE WHICH MAY ENTER INTO THE
COST OF USING GOODS WHICH ARE OTHER THAN AMERICAN GOODS.
(B) FOR PURPOSES OF THIS SECTION, THE TERM "GOODS WHICH ARE OTHER
THAN AMERICAN GOODS" MEANS (1) AN END PRODUCT WHICH HAS NOT BEEN MINED,
PRODUCED, OR MANUFACTURED IN THE UNITED STATES, OR (2) AN END PRODUCT
MANUFACTURED IN THE UNITED STATES, OR (2) AN END PRODUCT MANUFACTURED IN
THE UNITED STATES BUT THE COST OF THE COMPONENTS THEREOF WHICH ARE NOT
MINED, PRODUCED, OR MANUFACTURED IN THE UNITED STATES EXCEEDS THE COST
OF COMPONENTS MINED, PRODUCED, OR MANUFACTURED IN THE UNITED STATES.
SEC. 708. (A) CHAPTER 401 OF TITLE 10, UINITED STATES CODE, IS
AMENDED- //70A STAT. 334, 10 USC 4301.//
(1) BY ADDING THE FOLLOWING NEW SECTION AT THE END THEREOF:
COLLEGE
DEGREE
"UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE ARMY, AND WITH
THE APPROVAL OF A NATIONALLY RECOGNIZED CIVILIAN ACCREDITING ASSOCIATION
APPROVED BY THE COMMISSIONER OF EDUCATION, DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE, THE COMMANDANT OF THE UNITED STATES ARMY COMMAND
AND GENERAL STAFF COLLEGE MAY UPON RECOMMENDATION BY THE FACULTY CONFER
THE DEGREE OF MASTER OF MILITARY ART AND SCIENCE UPON GRADUATES OF THE
COLLEGE WHO HAVE FULFILLED THE FOLLOWING DEGREE REQUIREMENTS: A MINIMUM
OF THIRTY SEMESTER HOURS OF GRADUATE CREDIT, INCLUDING A MASTERS THESIS
OF SIX TO EIGHT SEMESTER HOURS, AND A DEMONSTRATION OF COMPETENCE IN THE
DISCIPLINE OF MILITARY ART AND SCIENCE AS EVIDENCED BY SATISFACTORY
PERFORMANCE ON A GENERAL COMPREHENSIVE EXAMINATION. THESE REQUIREMENTS
MAY BE ALTERED ONLY WITH THE APPROVAL OF SUCH ASSOCIATION. THE
SECRETARY OF THE ARMY SENATE AND HOUSE OF REPRESENTATIVES THE FOLLOWING
INFORMATION: (1) THE CRITERIA WHICH MUST BE MET TO ENTITLE A STUDENT TO
AWARD OF THE DEGREE, (2) WHETHER SUCH CRITERIA HAVE CHANGED IN ANY
RESPECT DURING THE REPORTING YEAR, (3) THE NUMBER OF STUDENTS IN THE
MOST RECENT RESIDENT COURSE GRADUATING CLASS, (4) THE NUMBER OF SUCH
STUDENTS WHO WERE ENROLLED IN THE MASTER OF MILITARY ART AND SCIENCE
PROGRAM, AND (5) THE NUMBER OF STUDENTS SUCCESSFULLY COMPLETING THE
MASTER OF MILITARY ART AND SCIENCE PROGRAM."; AND
(2) BY ADDING THE FOLLOWING NEW ITEM AT THE END OF THE ANALYSIS
OF SUCH CHAPTER:
"4314. UNITED STATES ARMY COMMAND GENERAL STAFF COLLEGE DEGREE."
(B) THE COMMANDANT OF THE UNITED STATES ARMY COMMAND AND GENERAL
STAFF COLLEGE MAY CONFER THE DEGREE OF MASTER OF MILITARY ART AND
SCIENCE UPON GRADUATES OF THE COLLEGE WHO HAVE COMPLETED THE
REQUIREMENTS FOR THAT DEGREE SINCE 1964 BUT PRIOR TO THE ENACTMENT OF
THIS ACT; BUT THE NUMBER OF SUCH DEGREES AWARDED FOR SUCH PERIOD MAY
NOT EXCEED TWO HUNDRED. //10 USC 4314 NOTE.//
SEC. 709. //50 USC APP. 2403 - 1.// (A) THE CONGRESS FINDS THAT THE
DEFENSE POSTURE OF THE UNITED STATES MAY BE SERIOUSLY COMPROMISED IF
GOODS, TECHNOLOGY, AND INDUSTRIAL TECHNIQUES WHICH HAVE BEEN DEVELOPED
IN WHOLE OR IN PART AS A DIRECT OR INDIRECT RESULT OF RESEARCH AND
DEVELOPMENT PROGRAMS OR PROCUREMENT PROGRAMS FINANCED IN WHOLE OR IN
PART WITH FUNDS AUTHORIZED BY THIS OR ANY OTHER ACT AUTHORIZING FUNDS
FOR THE DEPARTMENT OF DEFENSE ARE EXPORTED TO A CONTROLLED COUNTRY
WITHOUT AN ADEQUATE AND KNOWLEDGEABLE ASSESSMENT HAVING BEEN DEVELOPED
IN WHOLE OR IN PART WITH FUNDS AUTHORIZED BY THIS OR ANY OTHER ACT
AUTHORIZING FUNDS FOR THE DEPARTMENT OF DEFENSE ARE EXPORTED TO A
CONTROLLED COUNTRY WITHOUT AN ADEQUATE AND KNOWLEDGEABLE ASSESSMENT
HAVING BEEN MADE TO DETERMINE WHETHER THE EXPORT OF SUCH GOODS,
TECHNOLOGY, AND TECHNIQUES WILL SIGNIFICANTLY INCREASE THE PRESENT OR
POTENTIAL MILITARY CAPABILITY OF ANY SUCH COUNTRY. IT IS THE PURPOSE OF
THIS SECTION, THEREFORE, TO PROVIDE FOR SUCH AN ASSESSMENT, TO INSURE
NOTICE OF PROPOSED EXPORTS TO THE SECRETARY OF DEFENSE, AND TO AUTHORIZE
THE SECRETARY OF DEFENSE TO REVIEW THE PROPOSED EXPORT OF GOODS,
TECHNOLOGY, OR INDUSTRIAL TECHNIQUES TO ANY SUCH COUNTRY WHENEVER HE HAS
REASON TO BELIEVE THAT THE EXPORT OF SUCH GOODS, TECHNOLOGY, OR
TECHNIQUES WILL SIGNIFICANTLY INCREASE THE MILITARY CAPABILITY OF SUCH
COUNTRY.
(B) EFFECTIVE UPON ENACTMENT OF THIS SECTION, ANY APPLICATION FOR THE
EXPORT ANY GOODS, TECHNOLOGY, OR INDUSTRIAL TECHNIQUES DESCRIBED IN
SUBSECTION (A) SHALL, BEFORE BEING ELIGIBLE FOR EXPORT TO A CONTROLLED
COUNTRY, BE REVIEWED AND ASSESSED BY THE SECRETARY OF DEFENSE FOR THE
PURPOSE OF DETERMINING WHETHER THE EXPORT OF SUCH GOODS, TECHNOLOGY OR
TECHNIQUES WILL SIGNIFICANTLY INCREASE THE PRESENT OR POTENTIAL MILITARY
CAPABILITY OF SUCH COUNTRY.
(C) IF THE SECRETARY OF DEFENSE DETERMINES, AFTER HIS REVIEW AND
ASSESSMENT, THAT THE EXPORT OF SUCH GOODS, TECHNOLOGY OR INDUSTRIAL
TECHNIQUES WILL IN HIS JUDGMENT SIGNIFICANTLY INCREASE THE PRESENT OR
POTENTIAL MILITARY CAPABILITY OF ANY CONTROLLED COUNTRY, HE SHALL
RECOMMEND TO THE PRESIDENT THAT THE APPLICATION FOR EXPORT BE
DISAPPROVED. IN ANY CASE IN WHICH THE PRESIDENT DISAGREES WITH A
RECOMMENDATION MADE BY THE SECRETARY OF DEFENSE TO PROHIBIT THE EXPORT
OF SUCH GOODS, TECHNOLOGY, OR TECHNIQUES TO A CONTROLLED COUNTRY, THE
PRESIDENT SHALL SUBMIT TO THE CONGRESS A STATEMENT INDICATING HIS
DISAGREEMENT WITH THE SECRETARY OF DEFENSE TOGETHER WITH THE
RECOMMENDATION OF THE SECRETARY OF DEFENSE. THE APPLICATION FOR THE
EXPORT OF ANY SUCH GOODS, TECHNOLOGY, OR TECHNIQUES MAY BE APPROVED
AFTER SUBMISSION BY THE PRESIDENT OF HIS STATEMENT AND THE
RECOMMENDATION OF THE SECRETARY OF DEFENSE TO THE CONGRESS AND 60 DAYS
OF CONTINUOUS SESSION OF THE CONGRESS HAS ELAPSED FOLLOWING SUCH
SUBMISSION UNLESS WITHIN SUCH 60 DAY PERIOD CONGRESS HAS ADOPTED A
CONCURRENT RESOLUTION DISAPPROVING THE APPLICATION FOR THE EXPORT OF
SUCH GOODS, TECHNOLOGY, OR TECHNIQUES.
(D) AS USED IN THIS SECTION (1) THE TERM "CONTROLLED COUNTRY" MEANS
THE SOVIET UNION, POLAND, ROMANIA, HUNGARY, BULGARIA, CZECHOSLOVAKIA,
THE GERMAN DEMOCRATIC REPUBLIC (EAST GERMANY), AND SUCH OTHER COUNTRIES
AS MAY BE DESIGNATED BY THE SECRETARY OF DEFENSE, AND (2) THE TERM "DAYS
OF CONTINUOUS SESSION OF THE CONGRESS" SHALL NOT INCLUDE DAYS ON WHICH
EITHER HOUSE OF CONGRESS IS NOT IN SESSION BECAUSE OF AN ADJOURNMENT OF
MORE THAN THREE DAYS.
(E) THE SECRETARY OF DEFENSE SHALL SUBMIT TO THE CONGRESS A WRITTEN
REPORT ON HIS IMPLEMENTATION OF THIS SECTION NOT LATER THAN 30 DAYS
AFTER THE CLOSE OF EACH QUARTER OF EACH FISCAL YEAR. EACH SUCH REPORT
SHALL, AMONG OTHER THINGS, IDENTIFY EACH INSTANCE IN WHICH THE SECRETARY
RECOMMENDED TO THE PRESIDENT THAT EXPORTS BE DISAPPROVED AND THE ACTION
FINALLY TAKEN BY THE EXECUTIVE BRANCH ON THE MATTER.
SEC. 801. //10 USC 7291 NOTE.// IT IS THE POLICY OF THE UNITED
STATES OF AMERICA TO MODERNIZE THE STRIKE FORCES OF THE UNITED STATES
NAVY BY THE CONSTRUCTION OF NUCLEAR POWERED MAJOR COMBATANT VESSELS AND
TO PROVIDE FOR AN ADEQUATE INDUSTRIAL BASE FOR THE RESEARCH,
DEVELOPMENT, DESIGN, CONSTRUCTION, OPERATION, AND MAINTENANCE FOR SUCH
VESSELS. NEW CONSTRUCTION MAJOR COMBATANT VESSELS FOR THE STRIKE FORCES
OF THE UNITED STATES NAVY AUTHORIZED SUBSEQUENT TO THE DATE OF THE
ENACTMENT OF THIS ACT BECOMES LAW SHALL BE NUCLEAR POWERED, EXCEPT AS
PROVIDED IN THIS TITLE.
SEC. 802. FOR THE PURPOSES OF THIS TITLE, THE TERM "MAJOR COMBATANT
VESSELS FOR THE STRIKE FORCES OF THE UNITED STATES NAVY" MEANS-
(1) COMBATANT SUBMARINES FOR STRATEGIC OR TACTICAL MISSIONS, OR
BOTH;
(2) COMBATANT VESSELS INTENDED TO OPERATE IN COMBAT IN AIRCRAFT
CARRIER TASK GROUPS (THAT IS, AIRCRAFT CARRIERS AND THE CRUISERS,
FRIGATES, AND DESTROYERS WHICH ACCOMPANY AIRCRAFT CARRIERS); AND
//10 USC 7291 NOTE.//
(3) THOSE TYPES OF COMBATANT VESSELS REFERRED TO CLAUSES (1)
AND (2) ABOVE DESIGNED FOR INDEPENDENT COMBAT MISSIONS WHERE
ESSENTIALLY UNLIMITED HIGH SPEED ENDURANCE WILL BE OF SIGNIFICANT
MILITARY VALUE.
SEC. 803. //10 USC 7291 NOTE.// THE SECRETARY OF DEFENSE SHALL
SUBMIT TO CONGRESS EACH CALENDAR YEAR, AT THE SAME TIME THE PRESIDENT
SUBMITS THE BUDGET TO CONGRESS UNDER SECTION 201 OF THE BUDGET AND
ACCOUNTING ACT, 1921 (31 U.S.C. 11), //64 STAT. 832; 84 STAT. 1169.// A
WRITTEN REPORT REGARDING THE APPLICATION OF NUCLEAR PROPULSION TO MAJOR
COMBATANT VESSELS FOR THE STRIKE FORCES OF THE UNITED STATES NAVY. THE
REPORT SHALL IDENTIFY CONTRACT PLACEMENT DATES FOR THEIR CONSTRUCTION
AND SHALL IDENTIFY THE DEPARTMENT OF DEFENSE FIVE YEAR DEFENSE PROGRAM
FOR CONSTRUCTION OF NUCLEAR POWERED MAJOR COMBATANT VESSELS FOR THE
STRIKE FORCES OF THE UNITED STATES NAVY.
SEC. 804. //10 USC 7291 NOTE.// ALL REQUESTS FOR AUTHORIZATIONS OR
APPROPRIATIONS FROM CONGRESS FOR MAJOR COMBATANT VESSELS FOR THE STRIKE
FORCES OF THE UNITED STATES NAVY SHALL BE FOR CONSTRUCTION OF NUCLEAR
POWERED MAJOR COMBATANT VESSELS FOR SUCH FORCES UNLESS AND UNTIL THE
PRESIDENT HAS FULLY ADVISED THE CONGRESS THAT CONSTRUCTION OF NUCLEAR
POWERED VESSELS FOR SUCH PURPOSE IS NOT IN THE NATIONAL INTEREST. SUCH
REPORT OF THE PRESIDENT TO THE CONGRESS SHALL INCLUDE FOR CONSIDERATION
BY CONGRESS AN ALTERNATE PROGRAM OF NUCLEAR POWERED SHIPS WITH
APPROPRIATE DESIGN, COST, AND SCHEDULE INFORMATION.
THIS ACT MAY BE CITED AS THE "DEPARTMENT OF DEFENSE APPROPRIATION
AUTHORIZATION ACT, 1975".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1035 (COMM. ON ARMED SERVICES) AND NO. 93 -
1212 (COMM. ON CONFERENCE).
SENATE REPORTS: NO. 93 - 884 ACCOMPANYING S. 3000 (COMM. ON ARMED
SERVICES) AND NO. 93 - 1038 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 20, 228 CONSIDERED AND PASSED HOUSE.
JUNE 3 - 7, 10, 11, CONSIDERED AND PASSED SENATE, AMENDED, IN
LIEU OF S. 3000.
JULY 29, HOUSE AGREED TO CONFERENCE REPORT.
JULY 30, SENATE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF RESIDENTIAL DOCUMENTS, VOL. 10, NO. 32:
AUG. 5, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-364, 88 STAT 399
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
THE INTERIOR IS AUTHORIZED AND DIRECTED TO CONVEY TO THE RECORD OWNER
THEREOF, IN ACCORDANCE WITH SECTION 3 OF THIS ACT, ALL RIGHT, TITLE, AND
INTEREST IN MINERALS RESERVED TO THE UNITED STATES IN LAND DESCRIBED AS
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP
15 SOUTH RANGE 23 EAST, IN MARION COUNTY, FLORIDA.
SEC. 2. THE SECRETARY SHALL REQUIRE THE DEPOSIT OF A SUM OF MONEY
WHICH HE DEEMS SUFFICIENT TO COVER ESTIMATED ADMINISTRATIVE COSTS OF
THIS ACT. IF A CONVEYANCE IS NOT MADE PURSUANT TO THIS ACT, AND THE
ADMINISTRATIVE COSTS EXCEED THE DEPOSIT THE SECRETARY SHALL BILL THE
APPLICANT FOR THE OUTSTANDING AMOUNT, BUT IF THE AMOUNT OF THE DEPOSIT
EXCEEDS THE ACTUAL ADMINISTRATIVE COSTS, THE SECRETARY SHALL REFUND THE
EXCESS.
SEC. 3. NO CONVEYANCE SHALL BE MADE UNLESS APPLICATION FOR CONVEYANCE
IS FILED WITH THE SECRETARY WITHIN SIX MONTHS OF THE DATE OF APPROVAL OF
THIS ACT AND UNLESS WITHIN THE TIME SPECIFIED BY HIM PAYMENT IS MADE TO
THE SECRETARY OF (1) ADMINISTRATIVE COSTS OF THE CONVEYANCE AND (2) THE
FAIR MARKET VALUE OF THE INTEREST TO BE CONVEYED. THE AMOUNT OF THE
PAYMENT REQUIRED SHALL BE THE DIFFERENCE BETWEEN THE AMOUNT DEPOSITED
AND THE FULL AMOUNT REQUIRED TO BE PAID UNDER THIS SECTION. IF THE
AMOUNT DEPOSITED EXCEEDS THE FULL AMOUNT REQUIRED TO BE PAID, THE
APPLICANT SHALL BE GIVEN A CREDIT OR REFUND FOR THE EXCESS.
SEC. 4. THE TERM "ADMINISTRATIVE COSTS" AS USED IN THIS ACT,
INCLUDES, BUT IS NOT LIMITED TO, ALL COSTS OF (1) CONDUCTING AN
EXPLORATORY PROGRAM TO DETERMINE THE CHARACTER OF THE MINERAL DEPOSITS
IN THE LAND, (2) EVALUATING THE DATA OBTAINED UNDER THE EXPLORATORY
PROGRAM TO DETERMINE THE FAIR MARKET VALUE OF THE MINERAL RIGHTS TO BE
CONVEYED, AND (3) PREPARING AND ISSUING THE INSTRUMENT OF CONVEYANCE.
SEC. 5. MONEYS PAID TO THE SECRETARY FOR ADMINISTRATIVE COSTS SHALL
BE PAID TO THE AGENCY WHICH RENDERED THE SERVICE, AND DEPOSITED TO THE
APPROPRIATION THEN CURRENT. MONEYS PAID FOR THE MINERALS OR MINERAL
INTERESTS CONVEYED SHALL BE DEPOSITED INTO THE GENERAL FUND OF THE
TREASURY AS MISCELLANEOUS RECEIPTS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 780 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 1017 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 4, CONSIDERED AND PASSED HOUSE.
JULY 18, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-363, 88 STAT 398
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8902 OF
TITLE 5, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: //80 STAT. 601.//
"(J) WHEN A CONTRACT UNDER THIS CHAPTER REQUIRES PAYMENT OR
REIMBURSEMENT FOR SERVICES WHICH MAY BE PERFORMED BY A CLINICAL
PSYCHOLOGIST OR OPTOMETRIST, LICENSED OR CERTIFIED AS SUCH UNDER FEDERAL
OR STATE LAW, AS APPLICABLE, AN EMPLOYEE, ANNUITANT, OR FAMILY MEMBER
COVERED BY THE CONTRACT SHALL BE FREE TO SELECT, AND SHALL HAVE DIRECT
ACCES TO, SUCH A CLINICAL PSYCHOLOGIST OR OPTOMETRIST WITHOUT
SUPERVISION OR REFERRAL BY ANOTHER HEALTH PRACTITIONER AND SHALL BE
ENTITLED UNDER THE CONTRACT TO HAVE PAYMENT OR REIMBURSEMENT MADE TO HIM
OR ON HIS BEHALF FOR THE SERVICES PERFORMED. THE PROVISIONS OF THIS
SUBSECTION SHALL NOT APPLY TO GROUP PRACTICE PREPAYMENT PLANS.".
SEC. 2. THE AMENDMENT MADE BY THIS ACT SHALL BECOME EFFECTIVE WITH
RESPECT TO ANY CONTRACT ENTERED INTO OR RENEWED ON OR AFTER THE DATE OF
ENACTMENT OF THIS ACT. //5 USC 8902 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 815 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 961 ACCOMPANYING S. 2619 (COMM. ON POST OFFICE
AND CIVIL SERVICE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 5, CONSIDERED AND PASSED HOUSE.
JULY 11, 15, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF
S. 2619.
JULY 17, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-362, 88 STAT 398, ANADROMOUS FISH CONSERVATION ACT,
AMENDMENTS
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2 OF THE
ANADROMOUS FISH CONSERVATION ACT (16 U.S.C. 757B) //79 STAT. 1125.// IS
AMENDED BY STRIKING OUT THE SEMICOLON AT THE END OF CLAUSE (3) THEREOF,
AND INSERTING THE FOLLOWING NEW LANGUAGE: ", AND FOR THE CONTROL OF THE
SEA LAMPREY;".
SEC. 2. SECTION 4 (A) OF THE ADNADROMOUS FISH CONSERVATION ACT (16
U.S.C. 757D(A)) //84 STAT. 214.// IS AMENDED BY STRIKING OUT "THE FISCAL
YEAR ENDING JUNE 30, 1974" AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"EACH OF THE FISCAL YEARS ENDING JUNE 30, 1974, JUNE 30, 1975, JUNE 30,
1976, JUNE 30, 1977, JUNE 30, 1978, AND JUNE 30, 1979".
SEC. 3. (A) SUBSECTION (C) OF THE FIRST SECTION OF THE ANADROMOUS
FISH CONSERVATION ACT (16 U.S.C. 757A(C)) IS AMENDED BY STRIKING OUT "60
PER CENTUM" AND INSERTING IN LIEU THEREOF "66 2/3 PER CENTUM".
(B) SECTION 4NA) OF THE ANADROMOUS FISH CONSERVATION ACT (16 U.S.C.
757D(A)) (AS AMENDED BY SECTION 2 OF THIS ACT) IS FURTHER AMENDED BY
STRIKING OUT "$10,000,000" AND INSERTING IN LIEU THEREOF "$20,000,000".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 752 (COMM. ON MERCHANT MARINE AND FISHERIES)
AND NO. 93 - 1190 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 892 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JAN. 22, CONSIDERED AND PASSED HOUSE.
JUNE 5, CONSIDERED AND PASSED SENATE, AMENDED.
JULY 15, SENATE AGREED TO CONFERENCE REPORT.
JULY 16, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-361, 88 STAT 397.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, NOTWITHSTANDING
THE PROVISIONS OF SECTIONS 3771 AND 3772 OF TITLE 18 OF THE UNITED
STATES CODE, //62 STAT. 846; 64 STAT. 158.// THE EFFECTIVE DATE OF THE
PROPOSED AMENDMENTS TO THE FEDERAL RULE OF CRIMINAL PROCEDURE WHICH ARE
EMBRACED BY THE ORDER ENTERED BY THE UNITED STATES SUPREME COURT ON
APRIL 22, 1974, AND WHICH WERE TRANSMITTED TO THE CONGRESS BY THE CHIEF
JUSTICE ON APRIL 228 1974, IS POSTPONED UNTIL AUGUST 1, 1975. //15 USC
3771 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1144 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 1023 ACCOMPANYING S. 3684 (COMM. ON THE
JUDICIARY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 1, CONSIDERED AND PASSED HOUSE.
JULY 24, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-360, 88 STAT 395, NATIONAL LABOR RELATIONS ACT,
AMENDMENTS
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 2(2) OF
THE NATIONAL LABOR RELATIONS ACT //61 STAT. 137; 29 USC 152.// IS
AMENDED BY STRIKING OUT "OR ANY CORPORATION OR ASSOICIATION OPERATING A
HOSPITAL, IF NO PART OF THE NET EARNINGS INURES TO THE BENEFIT OF ANY
PRIVATE SHAREHOLDER OR INDIVIDUAL,".
(B) SECTION 2 OF SUCH ACT IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION:
"(14) THE TERM 'HEALTH CARE INSTITUTION' SHALL INCLUDE ANY
HOSPITAL, CONVALESCENT HOSPITAL, HEALTH MAINTENANCE ORGANIZATION,
HEALTH CLINIC, NURSING HOME, EXTENDED CARE FACILITY, OR OTHER
INSTITUTION DEVOTED TO THE CARE OF SICK, INFIRM, OR AGED PERSON.".
(C) THE LAST SENTENCE OF SECTION 8(D) OF SUCH ACT //29 USC 158.// IS
AMENDED BY STRIKING OUT THE WORDS "THE SIXTY-DAY" AND INSERTING IN LIEU
THEREOF "ANY NOTICE" AND BY INSERTING BEFORE THE WORDS "SHALL LOSE" A
COMMA AND THE FOLLOWING: "OR WHO ENGAGES IN ANY STRIKE WITHIN THE
APPROPRIATE PERIOD SPECIFIED IN SUBSECTION (G) OF THIS SECTION.".
(D)(1) THE LAST PARAGRAPH OF SECTION 8(D) OF SUCH ACT IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCE: "WHENEVER THE
COLLECTIVE BARGAINING INVOLVES EMPLOYEES OF A HEALTH CARE INSTITUTION,
THE PROVISIONS OF THIS SECTION 8(D) SHALL BE MODIFIED AS FOLLOWS:
"(A) THE NOTICE OF SECTION 8(D)(1) SHALL BE NINETY DAYS; THE
NOTICE OF SECTION 8(D)(3) SHALL BE SIXTY DAYS; AND THE CONTRACT
PERIOD OF SECTION 8(D)(4) SHALL BE NINETY DAYS.
"(B) WHERE THE BARGAINING IS FOR AN INITIAL AGREEMENT FOLLOWING
CERTIFICATION OR RECOGNITION, AT LEAST THIRTY DAYS NOTICE OF THE
EXISTENCE OF A DISPUTE SHALL BE GIVEN BY THE LABOR ORGANIZATION TO
THE AGENCIES SET FORTH IN SECTION 8(D)(3).
"(C) AFTER NOTICE IS GIVEN TO THE FEDERAL MEDIATION AND
CONCILIATION SERVICE UNDER EITHER CLAUSE (A) OR (B) OF THIS
SENTENCE, THE SERVICE SHALL PROMPTLY COMMUNICATE WITH THE PARTIES
AND USE ITS BEST EFFORTS, BY MEDIATION AND CONCILIATION, TO BRING
THAM TO AGREEMENT. THE PARTIES SHALL PARTICIPATE FULLY AND
PROMPTLY IN SUCH MEETINGS AS MAY BE UNDER TAKEN BY THE SERVICE FOR
THE PURPOSE OF AIDING IN A SETTLEMENT OF THE DISPUTE."
(E) SECTION 8 OF SUCH ACT IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION.
"(G) A LABOR ORGANIZATION BEFORE ENGAGING IN ANY STRIKE, PICKETING,
OR OTHER CONCERTED REFUSAL TO WORK AT ANY HEALTH CARE INSTITUTION SHALL,
NOT LESS THAN TEN DAYS PRIOR TO SUCH ACTION, NOTIFY THE INSTITUTION IN
WRITING AND THE FEDERAL MEDIATION AND CONCILITATION SERVICE OF THAT
INTENTION, EXCEPT THAT IN THE CASE OF BARGAINING FOR AN INITIAL
AGREEMENT FOLLOWING CERTIFICATION OR RECOGNITION THE NOTICE REQUIRED BY
THIS SUBSECTION SHALL NOT BE GIVEN UNTIL THE EXPIRATION OF THE PERIOD
SPECIFIED IN CLAUSE (B) OF THE LAST SENTENCE OF SECTION 8(D) OF THIS
ACT. THE NOTICE SHALL STATE THE DATE AND TIME THAT SUCH ACTION WILL
COMMENCE. THE NOTICE, ONCE GIVEN, MAY BE EXTENDED BY THE WRITTEN
AGREEMENT OF BOTH PARTIES."
SEC. 2. TITLE II OF THE LABOR MANAGEMENT RELATIONS ACT, 1947, //61
STAT. 152; 29 USC 171.// IS AMDNED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SECTION:
"SEC. 213. //29 USC 183.// (A) IF, IN THE OPINION OF THE DIRECTOR OF
THE FEDERAL MEDIATION AND CONCILITATION SERVICE A THREATENED OR ACTUAL
STRIKE OR LOCKOUT AFFECTING A HEALTH CARE INSTITUTION WILL, IF PERMITTED
TO OCCUR OR TO CONTINUE, SUBSTANTIALLY INTERRUPT THE DELIVERY OF HEALTH
CARE IN THE LOCALITY CONCERNED, THE DIRECTOR MAY FURTHER ASSIST IN THE
RESOLUTION OF THE IMPASSE BY ESTABLISHING WITHIN 30 DAYS AFTER THE
NOTICE TO THE FEDERAL MEDIATION AND CONCILITATION SERVICE UNDER CLAUSE
(A) OF THE LAST SENTENCE OF SECTION 8(D) (WHICH IS REQUIRED BY CLAUSE
(3) OF SUCH SECTION 8(D)), //ANTE, P. 395.// OR WITHIN 10 DAYS AFTER THE
NOTICE UNDER CLAUSE (B), AN IMPARTIAL BOARD OF INQUIRY TO INVESTIGATE
THE ISSUES INVOLVED IN THE DISPUTE AND TO MAKE A WRITTEN REPORT THEREON
TO THE PARTIES WITHIN FIFTEEN (15) DAYS AFTER THE ESTABLISHMENT OF SUCH
A BOARD. THE WRITTEN REPORT SHALL CONTAIN THE FINDINGS OF FACT TOGETHER
WITH THE BOARD'S RECOMMENDATIONS FOR SETTLING THE DISPUTE, WITH THE
OBJECTIVE OF ACHIEVING A PROMPT, PEACEFUL AND JUST SETTLEMENT OF THE
DISPUTE. EACH SUCH BOARD SHALL BE COMPOSED OF SUCH NUMBER OF
INDIVIDUALS AS THE DIRECTOR MAY DEEM DESIRABLE. NO MEMBER APPOINTED
UNDER THIS SECTION SHALL HAVE ANY INTEREST OR INVOLVEMENT IN THE HEALTH
CARE INSTITUTIONS OR THE EMPLOYEE ORGANIZATIONS INVOLVED IN THE DISPUTE.
"(B)(1) MEMBERS OF ANY BOARD ESTABLISHED UNDER THIS SECTION WHO ARE
OTHERWISE EMPLOYED BY THE FEDERAL GOVERNMENT SHALL SERVE WITHOUT
COMPENSATION BUT SHALL BE REIMBURSED FOR TRAVEL, SUSISTENCE, AND OTHER
NECESSARY EXPENSES INCURRED BY THEM IN CARRYING OUT ITS DUTIES UNDER
THIS SECTION.
"(2) MEMBERS OF ANY BOARD ESTABLISHED UNDER THIS SECTION WHO ARE NOT
SUBJECT TO PARAGRAPH (1) SHALL RECEIVE COMPENSATION AT A RATE PRESCRIBED
BY THE DIRECTOR BUT NOT TO EXCEED THE DAILY RATE PRESCRIBED FOR GS-18 OF
THE GENERAL SCHEDULE UNDER SECTION 5332 OF TITLE 5, UNITED STATES CODE,
//5 USC 5332 NOTE.// INCLUDING TRAVEL FOR EACH DAY THEY ARE ENGAGED IN
THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION AND SHALL BE ENTITLED
TO REIMBURSEMENT FOR TRAVEL, SUBSISTENCE, AND OTHER NECESSARY EXPENSES
INCURRED BY THEM IN CARRYING OUT THEIR DUTIES UNDER THIS SECTION.
"(C) AFTER THE ESTABLISHMENT OF A BOARD UNDER SUBSECTION (A) OF THIS
SECTION AND FOR 15 DAYS AFTER ANY SUCH BOARD HAD ISSUED ITS REPORT, NO
CHANGE IN THE STATUS QUO IN EFFECT PRIOR TO THE EXPIRATION OF THE
CONTRACT IN THE CASE OF NEGOTIATIONS FOR A CONTRACT RENEWAL, OR IN
EFFECT PRIOR TO THE TIME OF THE IMPASSE IN THE CASE OF AN INITIAL
BARGAINING NEGOTIATION, EXCEPT BY AGREEMENT, SHALL BE MADE BY THE
PARTIES TO THE CONTROVERSY.
"(D) THERE ARE AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION."
SEC. 3. THE NATIONAL LABOR RELATIONS ACT IS AMENDED BY ADDING
IMMEDIATELY AFTER SECTION 18 THEREOF THE FOLLOWING NEW SECTION: //65
STAT. 601, 29 USC 168.//
"SEC. 19. //29 USC 169.// ANY EMPLOYEE OF A HEALTH CARE INSTITUTION
WHO IS A MEMBER OF AND ADHERES TO ESTABLISHED AND TRADITIONAL TENETS OR
TEACHINGS OF A BONA FIDE RELIGION, BODY, OR SECT WHICH HAS HISTORICALLY
HELD CONSCIENTIOUS OBJECTIONS TO JOINING OR FINANCIALLY SUPPORTING LABOR
ORGANIZATIONS SHALL NOT BE REQUIRED TO JOIN OR FINANCIALLY SUPPORT ANY
LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT; EXCEPT THAT SUCH
EMPLOYEE MAY BE REQUIRED, IN LIEU OF PERIODIC DUES AND INITIATION FEES,
TO PAY SUMS EQUAL TO SUCH DUES AND INITIATION FEES TO A NONRELIGIOUS
CHARITABLE FUND EXEMPT FROM TAXATION UNDER SECTION 501( C) (3) OF THE
INTERNAL REVENUE CODE, //68A STAT. 163, 26 USC 501.// CHOSEN BY SUCH
EMPLOYEE FROM A LIST OF AT LEAST THREE SUCH FUNDS, DESIGNATED IN A
CONTRACT BETWEEN SUCH INSTITUTION AND A LABOR ORGANIZATION, OR IF THE
CONTRACT FAILS TO DESIGNATE SUCH FUNDS, THEN TO ANY SUCH FUND CHOSEN BY
THE EMPLOYEE."
SEC. 4. THE AMENDMENTS MADE BY THIS ACT SHALL BECOME EFFECTIVE ON
THE THIRTIETH DAY AFTER ITS DATE OF ENACTMENT. //29 USC 169 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1051 ACCOMPANYING H.R. 13678 (COMM. ON
EDUCATION AND LABOR) AND NO. 93 - 1175 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 766 (COMM. ON LABOR AND PUBLIC WELFARE) AND
NO. 93 - 766 (COMM. OF CONFERENCE).
CONFRESSIONAL RECORD, VOL. 120 (1974):
MAY 2, 3, 7, CONSIDERED AND PASSED SENATE.
MAY 30, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
13678.
JULY 10, SENATE AGREED TO CONFERENCE REPORT.
JULY 11, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-359, 88 STAT 393
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 5584 OF
TITLE 5, UNITED STATES CODE, IS AMENDED AS FOLLOWS: //82 STAT. 1212;
86 STAT. 760.//
(1) STRIKE OUT "EXECUTIVE" WHERVER IT APPEARS IN SUCH SECTION.
(2) IN SUBSECTION (B)(2)--,
(A) IMMEDIATELY AFTER "(2)" INSERT THE FOLLOWING: "EXCEPT IN
THE CASE OF EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, THE
LIBRARY OF CONGRESS, THE OFFICE OF THE ARCHITECT OF THE CAPITOL,
OR THE BOTANIC GARDEN,"; AND
(B) STRIKE OUT "OR" AT THE END THEREOF.
(3) IN SUBSECTION (B)(3)--,
(A) IMMEDIATELY AFTER "(3)" INSERT THE FOLLOWING "EXCEPT IN THE
CASE OF EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, THE LIBRARY
OF CONGRESS, THE OFFICE OF THE ARCHITECT OF THE CAPITOL, OR THE
BOTANIC GARDEN,"; AND
(B) STRIKE OUT "THE EFFECTIVE DATE OF THE AMENDMENT A
AUTHORIZING THE WAIVER OF ALLOWANCES, WHICHEVER IS LATER." AND
INSERT IN LIEU THEREOF "OCTOBER 2, 1972, WHICHEVER IS LATER; OR".
(4) AT THE END OF SUBSECTION (B), ADD THE FOLLOWING NEW CLAUSE:
"(4) IN THE CASE OF EMPLOYEES OF THE GOVERNMENT PRINTING
OFFICE, THE LIBRARY OF CONGRESS, THE OFFICE OF THE ARCHITECT OF
THE CAPITOL, OR THE BONTANIC GARDEN, IF APPLICATION FOR WAIVER IS
RECEIVED IN HIS OFFICE AFTER THE EXPIRATION OF 3 YEARS IMMEDIATELY
FOLLOWING THE DATE ON WHICH THE ERRONEOUS PAYMENT OF PAY OR
ALLOWANCES WAS DISCOVERED OR 3 YEARS IMMEDIATELY FOLLOWING THE
DATE ON WHICH THE CLAUSE (4) IS ENACTED INTO LAW, WHICHEVER IS
LATER."
(5) AT THE END OF THE SECTION, ADD THE FOLLOWING NEW SUBSECTION:
"(G) FOR THE PURPOSE OF THIS SECTION, 'AGENCY' MEANS--,
"(1) AN EXECUTIVE AGENCY;
"(2) THE GOVERNMENT PRINTING OFFICE;
"(3) THE LIBRARY OF CONGRESS;
"(4) THE OFFICE OF THE ARCHITECT OF THE CAPITOL; AND
"(5) THE BONTANIC GARDEN.".
SEC. 2. //2 USC 130C.// A CLAIM OF THE UNITED STATES AGAINST A
PERSON ARISING OUT OF AN ERRONEOUS PAYMENT OF ANY PAY OR ALLOWANCES,
OTHER THAN TRAVEL AND TRANSPORTATION EXPENSES AND ALLOWANCES, ON OR
AFTER THE DATE OF ENACTMENT OF THIS ACT, TO THE VICE PRESIDENT, A
SENATOR, OR TO AN OFFICER OR EMPLOYEE WHOSE PAY IS DISBURSED BY THE
SECRETARY OF THE SENATE, THE COLLECTION OF WHICH WOULD BE AGAINST EQUITY
AND GOOD CONSCIENCE AND NOT IN THE BEST INTERESTS OF THE UNITED STATES,
MAY BE WAIVED IN WHOLE OR IN PART BY THE SECRETARY OF THE SENATE, IF THE
CLAIM IS NOT THE SUBJECT OF AN EXCEPTION MADE BY THE COMPTROLLER GENERAL
IN THE ACCOUNT OF ANY ACCOUNTABLE OFFICER OR OFFICIAL. AN APPLICATION
FOR WAIVER SHALL BE INVESTIGATED BY THE FINANCIAL CLERK OF THE SENATE
WHO SHALL SUBMIT A WRITTEN REPORT OF HIS INVESTIGATION TO THE SECRETARY
OF THE SENATE. AN APPLICATION FOR WAIVER OF A CLAIM IN AN AMOUNT
AGGREGATING MORE THAN $500 SHALL ALSO BE INVESTAGED BY THE COMPTROLLER
GENERAL OF THE UNITED STATES WHO SHALL SUBMIT A WRITTEN REPORT OF HIS
INVESTIGATION TO THE SECRETARY OF THE SENATE.
(B) THE SECRETARY OF THE SENATE MAY NOT EXERCISE HIS AUTHORITY UNDER
THIS SECTION TO WAIVE ANY CLAIM--,
(1) IF, IN HIS OPINION, THERE EXISTS, IN CONNECTION WITH THE
CLAIM, AN INDICATION OF FRAUD, MISREPRESENTATION, FAULT, OR LACK
OF GOOD FAITH ON THE PART OF THE VICE PRESIDENT, THE SENATOR, THE
OFFICER OR EMPLOYEE, OR ANY OTHER PERSON HAVING AN INTEREST IN
OBTAINING A WAIVER OF THE CLAIM; OR
(2) IF THE APPLICATION FOR WAIVER IS RECEIVED IN HIS OFFICE
AFTER THE EXPIRATION OF 3 YEARS IMMEDIATELY FOLLOWING THE DATE ON
WHICH THE ERRONEOUS PAYMENT OF PAY OR ALLOWANCES WAS DISCOVERED.
(C) IN THE AUDIT AND SETTLEMENT OF ACCOUNTS OF ANY ACCOUNTABLE OFFICE
OR OFFICIAL, FULL CREDIT SHALL BE GIVEN FOR ANY AMOUNTS WITH RESPECT TO
WHICH COLLECTION BY THE UNITED STATES IS WAIVED UNDER THIS SECTION.
(D) AN ERRONEOUS PAYMENT, THE COLLECTION OF WHICH IS WAIVED UNDER
THIS SECTION, IS DEEMED A VALID PAYMENT FOR ALL PURPOSES.
(E) THIS SECTION DOES NOT AFFECT ANY AUTHORITY UNDER ANY OTHER LAW TO
LITIGATE, SETTLE, COMPROMISE, OR WAIVE ANY CLAIM OF THE UNITED STATES.
(F) THE SECRETARY OF THE SENATE SHALL PROMULGATE RULES AND
REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION.
SEC. 3. //2 USC 130D.// (A) A CLAIM OF THE UNTIED STATES AGAINST A
PERSON ARISING OUT OF AN ERRONEOUS PAYMENT OF ANY PAY OR ALLOWANCES,
OTHER THAN TRAVEL AND TRANSPORTATION EXPENSES AND ALLOWANCES, ON OR
AFTER THE DATE OF ENACTMENT OF THIS SECTION, TO AN OFFICER OR EMPLOPYEE
WHOSE PAY IS DISBURSED BY THE CLERK OF THE HOUSE OF REPRESENTATIVES, THE
COLLECTION OF WHICH WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE AND NOT
IN THE BEST INTERESTS OF THE UNITED STATES, MAY BE WAIVED IN WHOLE OR IN
PART BY THE SPEAKER OF THE HOUSE, IF THE CLAIM IS NOT THE SUBJECT OF AN
EXCEPTION MADE BY THE COMPTROLLER GENERAL IN THE ACCOUNT OF ANY
ACCOUNTABLE OFFICER OR OFFICIAL.
(B) AN APPLICATION FOR WAIVER OF A CLAIM SHALL BE INVESTIGATED BY THE
CLERK OF THE HOUSE OPF REPRESENTATIVES WHO SHALL SUBMIT A WRITTEN REPORT
OF HIS INVESTIGATION TO THE SPEAKER OF THE HOUSE.
(C) THE SPEAKER OF THE HOUSE MAY NOT EXERCISE HIS AUTHORITY UNDER
THIS SECTION TO WAIVE ANY CLAIM--,
(1) IF, IN HIS OPINION, THERE EXISTS, IN CONNECTION WITH THE
CLAIM, AN INDICATION OF FRAUD, MISREPRESENTATION, FAULT, OR LACK
OF GOOD FAITH ON THE PART OF THE OFFICER OR EMPLOYEE OR ANY OTHER
PERSON HAVING AN INTERESTING IN OBTAINING A WAIVER OF THE CLAIM;
OR
(2) IF THE APPLICATION FOR WAIVER IS RECEIVED IN HIS OFFICE
AFTER THE EXPIRATION OF 3 YEARS IMMEDIATELY FOLLOWING THE DATE ON
WHICH THE ERRONEOUS PAYMENT OF PAY OR ALLOWANCES WAS DISCOVERED.
(D) IN THE AUDIT AND SETTLEMENT OF THE ACCOUNTS OF ANY ACCOUNTABLE
OFFICER OR OFFICIAL, FULL CREDIT SHALL BE GIVEN FOR ANY AMOUNTS WITH
RESPECT TO WHICH COLLECTION BY THE UNITED STATES IS WAIVED UNDER THIS
SECTION.
(E) AN ERRONEOUS PAYMENT, THE COLLECTION OF WHICH IS WAIVED UNDER
THIS SECTION, IS DEEMED A VALID PAYMENT FOR ALL PURPOSES.
(F) THIS SECTION DOES NOT AFFECT ANY AUTHORITY UNDER ANY OTHER LAW TO
LITIGATE, SETTLE, COMPROMISE, OR WAIVE ANY CLAIM OF THE UNITED STATES.
(G) THE SPEAKER OF THE HOUSE SHALL PRESCRIBE RULES AND REGUALTIONS TO
CARRY OUT THE PROVISIONS OF THIS SECTION.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1095 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 0 339 (COMM. ON RULES AND ADMINISTRATION).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JULY 24, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): JUNE 17, CONSIDERED AND PASSED HOUSE,
AMENDED.
JULY 11, SENATE CONCURRED IN HOUSE AMENDMENTS.
PUBLIC LAW 93-358, 88 STAT. 392
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ACT ENTITLED
"AN ACT TO CREATE A COMMITTEE ON PURCHASES OF BLIND-MADE PRODUCTS, AND
FOR OTHER PURPOSES", APPROVED JUNE 25,1938 (41 U.S.C. 46-48C) //85 STAT.
77 41 USC 46.//
(1) SECTION 1(A) IS AMENDED-- (A) BY STRIKING OUT "COMMITTEE
FOR PURCHASE OF PRODUCTS AND SERVICES OF" IN THE FIRST SENTENCE
THEREOF AND INSERTING IN LIEU THEREOF "COMMITTEE FOR PURCHASE
FROM"; (B) BY STRIKING OUT "FOURTEEN" IN THE SECOND SENTENCE
THEREOF AND INSERTING IN LIEU THEREOF "FIFTEEN"; (C) BY STRIKING
OUT "AND OTHER SERVERELY HANDICAPPED INDIVIDUALS." IN PARAGRAPH
(2)(A) AND ININSERTING IN LIEU THEREOF A PERIOD; AND (D) BY
REDESIGNATING SUBPARARAGRAPHS (B) AND (C) OF PARAGRAPH (2) AS
SUBPARAGRAPHS (C) AND (D), RESPECTIVELY, AND INSERTING AFTER
SUBPARAGRAPH (A) THE FOLLOWING SUBPARAGRAPH:
"(B) THE PRESIDENT SHALL APPOINT ONE MEMBER FROM PERSONS WHO ARE NOT
OFFICERS OR EMPLOYEES OF THE GOVERNMENT AND WHO ARE CONVERSANT WITH THE
PROBLEMS INCIDENT TO THE EMPLOYMENT OF OTHER SEVERELY HANDICAPPED
INDIVIDUALS.".
(I) SECTION 1(D) IS AMENDED--, //41 USC 48B.// (A) BY STRIKING
OUT "PARAGRAPHS (2) AND (3)" IN PARAGRAPH (1) AND INSERTING IN
LIEW THEREOF "PARAGRAPHS (2), (3), AND (4)"; AND (B) BY ADDING AT
THE END THEREOF THE FOLLOWING NEW PARAGRAPH: (4) THE MEMBER FIRST
APPOINTED UNDER PARAGRAPH (2)(B) OF SECTION (A) SHALL BE APPOINTED
FOR A TERM OF THREE YEARS.".
(3) SECTION 5 IS AMENDED--, (A) BY INSERTING AFTER PARAGRAPH
(4) THE FOLLOWING NEW PARAGRAPH: (5) THE 'DIRECT LABOR' INCLUDES
ALL WORK REQUIRED FOR PREPARATION, PROCESSSING, AND PACKING OF A
COMMODITY, OR WORK DIRECTLY RELATING TO THE PERFORMANCE OF A
SERVICE, BUT NOT SUPERVISION, ADMINISTRATION, INSPECTION, OR
SHIPPING"; (B) BY STRIKING OUT PARAGRAPH (6); AND (C) BY
REDESIGNATING PARAGRAPHS (7), (8), AND (9) AS PARAGRAPHS (6), (7),
AND (8), RESPECTIVELY.
"SEC. 6. THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE COMMITTEE TO
CARRY OUT THIS ACT $240,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974,
AND SUCH SUMS AS MAY BE NECESSARY FOR THE SUCCEEDING FISCAL YEARS.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 808 (COMM. ON GOVERNMENT OPERATIONS).
SENATE REPORT NO. 93 - 908 ACCOMPANYING S. 2687 (COMM. ON LABOR AND
PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 4, CONSIDERED AND PASSED HOUSE.
JUNE 13, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF S.
2687.
JULY 15, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-357, 88 STAT. 391, EMERGENCY LIVESTOCK CREDIT ACT OF
1974.
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 LIVESTOCK CREDIT ACT OF 1974". //7 USC PREC.
1961 NOTE.//
SEC. (A) THE SECRETARY OF AGRICULTURE IS AUTHORIZED AND DIRECTED TO
PROVIDE FINANCIAL ASSISTANCE TO BONA FIDE FARMERS AND RANCHERS WHO ARE
PRIMARILY AND DIRECTLY ENGAGED IN AGRICULTURAL PRODUCTION FOR THE
PURPOSE OF BREEDING, RAISING, FATTENING, OR MARKETING LIVESTOCK. IN THE
CASE OF CORPORATIONS OR PARTNERSHIPS, SUCH FINANCIAL ASSISTANCE SHALL BE
EXTENDED ONLY WHEN A MAJORITY INTEREST IN SUCH CORPORATIONS OR
PARTNERSHIPS IS HELD BY STOCKHOLDERS OR PARTNERS WHO THEMSELVES ARE
PRIMARILY AND DIRECTLY ENGAGED IN SUCH AGRICULTURAL PRODUCTION. FOR
PURPOSES OF THIS ACT, THE TERM "LIVESTOCK" SHALL MEAN BEEF CATTLE, DAIRY
CATTLE, SWINE, SHEEP, GOATS, CHICKENS, AND TURKEYS.
(B) THE SECRETARY SHALL GUARANTEE LOANS, INCLUDING BOTH PRINCIPAL AND
INTEREST, MADE BY ANY LEGALLY ORGANIZED LENDING AGENCY WHICH OTHERWISE
MEET THE PURPOSES AND CONDITIONS OF THIS ACT. AS USED HEREIN, A
GUARANTEED LOAN IS ONE WHICH IS MADE, HELD, AND SERVICES BY A LEGALLY
ORGANIZED LENDING AGENCY AND WHICH IS GUARANTEED BY THE SECRETARY
HEREUNDER: PROVIDED, THAT THE TERM "LEGALLY ORGANIZED LENDING AGENCY"
SHALL NOT BE DEEMED TO INCLUDE THE FEDERAL FINANCING BANK.
(C) NO CONTRACT GUARANTEEING ANY SUCH LOAN BY A LENDER SHALL REQUIRE
THE SECRETARY TO PARTICIPATE IN MORE THAN 80 PER CENTUM OF ANY LOSS
SUSTAINED THEREON.
(D) NO FEES OR CHARGES SHALL BE ASSESSED BY THE SECRETARY FOR ANY
GUARANTEE PROVIDED BY HIM UNDER THIS ACT.
(E) LOANS GUARANTEED UNDER THIS ACT SHALL BEAR INTEREST AT A RATE TO
BE AGREED UPON BY THE LENDER AND BORROWER.
(F) LOANS GUARANTEED UNDER THIS ACT SHALL BE PAYABLE IN NOT MORE THAN
THREE YEARS, BUT MAY BE RENEWED FOR NOT MORE THAN TWO ADDITIONAL YEARS.
SEC. 3. AS A CONDITION OF THE SECRETARY'S GUARANTEEING ANY LOAN UNDER
THIS ACT--, //7 USC PREC. 1961 NOTE.//
(A) THE LENDER SHALL CERTIFY THAT--,
(1) THE LENDER IS UNWILLING TO PROVIDE CREDIT TO THE LOAN
APPLICANT IN THE ABSENCE OF THE GUARANTEE AUTHORIZED BY THIS ACT;
(2) THE LOAN APPLICANT IS DIRECTLY AND IN GOOD FAITH ENGAGED IN
AGRICULTURAL PRODUCTION, AND THE FINANCING TO BE FURNISHED THE
LOAN APPLICANT IS TO BE USED FOR PURPOSE RELATED TO THE BREEDING,
RAISING, FATTENING, OR MARKETING OF LIVESTOCK;P
(3) THE LOAN IS FOR THE PURPOSE OF MAINTAINING THE OPERATIONS
OF THE LOAN APPLICANT, AND THE TOTAL LOANS MADE TO THE LOAN
APPLICANT DO NOT EXCEDED THE AMOUNT NECESSARY TO PERMIT THE
CONTINUATION OF HIS LIVESTOCK OPERATIONS AT A LEVEL EQUAL TO ITS
HIGHEST LEVEL DURING THE EIGHTEEN MONTHS IMMEDIATELY PRECEDING THE
DATE OF ENACTMENT OF THIS ACT: PROVIDED, THAT THE TOTAL LOANS
GUARANTEED UNDER THIS ACT FOR ANY LOAN APPLICANT SHALL NOT EXCEED
$250,000;
(4) IN THE CASE OF ANY LOAN TO REFINANCE THE LIVESTOCK
OPERATIONS OF A LOAN APPLICANT (I) THE LOAN AND REFINANCING ARE
ABSOLUTELY ESSENTIAL IN ORDER FOR THE LOAN APPLICANT TO REMAIN IN
BUSINESS,
(II) THE LENDING AGENCY WOULD NOT REFINANCE SUCH LOAN IN THE
ABSENCE OF A GUARANTEE, AND (III) THE LENDING AGENCY IS NOT
CURRENTLY REFINANCING SIMILAR LOANS TO OTHERS WITHOUT SUCH
GUARANTEES.
(B) THE LOAN APPLICANT SHALL CERTIFY THAT HE WILL BE UNABLE TO OBTAIN
FINANCING IN THE ABSENCE OF THE GUARANTEE AUTHORIZED BY THIS ACT.
(C) THE SECRETARY FINDS THERE IS REASONABLE PROBABILITY OF
ACCOMPLISHING THE OBJECTIVES OF THE ACT AND REPAYMENT OF THE LOAN.
SEC. 4. LOANS GUARANTEED UNDER THIS ACT SHALL BE SECURED BY SECURITY
ADEQUATE TO PROTECT THE GOVERNMENT'S INTEREST, AS DETERMINED BY THE
SECRETARY. //7 USC PREC. 1961 NOTE.//
SEC. 5. LOAN GUARANTEES OUTSTANDING UNDER THIS ACT SHALL NOT EXCEED
$2,000,000,00/ AT ANY ONE TIME. SUBJECT TO THE PROVISIONS OF SECTION
2(C) OF THIS ACT, THE FUND CREATED IN SECTION 309 OF THE CONSOLIDATED
FARM AND RURAL DEVELOPMENT ACT //75 STAT. 309; ,L STAT. 660; 7 USC
1929.// SHALL BE USED BY THE SECRETARY FOR THE DISCHARGE OF THE
OBLIGATIONS OF THE SECRETARY UNDER CONTRACTS OF GUARANTEE MADE PURSUANT
TO THIS ACT. //7 USC PREC. 1961 NOTE.//
SEC. 6. CONTRACTS OF GUARANTEE UNDER THIS ACT SHALL NOT BE INCLUDED
IN THE TOTALS OF THE BUDGET OF THE UNITED STATES GOVERNMENT ANS SHALL BE
EXEMPT FROM ANY GENERAL LIMITATION IMPOSED BY STATUTE ON EXPENDITURES
AND NET LENDING (BUDGET OUTLAYS) OF THE UNITED STATES. //7 USC PREC.
1961 NOTE.//
SEC. 7 ANY CONTRACT OF GUARANTEE EXECUTED BY THE SECRETARY UNDER THIS
ACT SHALL BE AN OBLIGATION SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
UNITED STATES AND INCONTESTABLE EXCEPT FOR FRAUD OR MISREPRESENTATION
WHICH THE HOLDER HAD ACTUAL KNOWLEDGE AT THE TIME IT BECAME A HOLDER.
//7 USC PRE. 1961 NOTE.//
SEC. 8 THE PROVISIONS OF THIS ACT SHALL BECOME EFFECTIVE UPON
ENACTMENT, AND THE AUTHORITY TO MAKE NEW GUARANTEES UNDER THIS ACT SHALL
TERMINATE ONE YEAR FROM THE DATE OF ENACTMENT OF THIS ACT, EXCEPT THAT
THE SECRETARY OF AGRICULTURE MAY EXTEND THE GUARANTEE AUTHORITY PROVIDED
IN THIS ACT FOR A PERIOD NOT TO EXCEED SIX MONTHS IF HE (1) DETERMINES
THAT SUCH GUARANTEES ARE NECESSARY TO THE WELFARE OF LIVESTOCK PRODUCERS
AND THAT ADEQUATE CREDIT CANNOT BE OBTAINED WITHOUT SUCH GUARANTEE BY
THE SECRETARY, AND (2) NOTIFIES THE COMMITTEEE ON AGRICULTURE AND
FORESTRY OF THE SENATE AND THE COMMITTEE ON AGRICULTURE OF THE HOUSE OF
REPRESENTATIVES AT LEAST THIRTY DAYS PRIOR TO THE DATE ON WHICH HE
ELECTS TO EXTEND THE GUARANTEE AUTHORITY PROVIDED IN THE ACT. //7 USC
PREC. 1961 NOTE.//
SEC. 9. (A) THE PROVISIONS OF SECTION 310B(D)(6) OF THE CONSOLIDATED
FARM AND RURAL DEVELOPMENT ACT //86 STAT. 663; 7 USC 1932.// SHALL
APPLY TO LOANS GUARANTEED UNDER THIS ACT. //7 USC PREC. 1961 NOTE.//
(B) CONTRACTS OF GUARANTEE EXECUTED PURSUANT TO THE PROVISIONS OF
THIS ACT SHALL BE FULLY ASSIGNABLE.
SEC. 10. THE SECRETARY IS AUTHORIZED TO ISSUE SUCH REGUALTIONS AS HE
DETERMINES NECESSARY TO CARRY OUT THIS ACT. THE PROPOSED REGULATIONS
SHALL BE ISSUED AS SOON AS POSSIBLE, BUT IN NO EVENT LATER THIRTY DAYS
FROM THE DATE OF ENACTMENT OF THIS ACT. //7 USC PREC. 196! NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1171 ACCOMPANYING H.R. 15560 (COMM ON
AGRICULTURE).
SENATE REPORT NO. 93 - 949 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 21, 24, CONSIDERED AND PASSED SENATE.
JULY 16, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
15560.
JULY 17, SENATE AGREED TO HOUSE AMENDMENTS.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
VOL. 10, NO. 30 (1974): JULY 26, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-356, 88 STAT. 390
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. SECTION 3709 OF THE REVISED STATUTES, AS AMENDED (41 U.S.
C. 5), IS AMENDED BY STRIKING OUT "2,500" AND INSERTING IN LIEU THEREOF
"$10,000". //D.C. CODE 1 - 808.//
SEC. 2. THE THIRD FULL UNNUMBERED PARAGRAPH UNDER THE HEADING "OFFICE
OF ARCHITECT OF THE CAPITOL" CONTAINED IN THE APPROPRIATIONS FOR THE
ARCHITECT OF THE CAPITOL IN THE LEGISLATIVE BRANCH APPROPRIATION ACT,
1966 (79 STAT. 276; 41 U.S.C. 6A - 1) IS AMENDED BY STRIKING OUT
"$2,500" AND INSERTING IN LIEU THEREOF "$10,000".
SEC. 3. SECTION 302(C)(3) OF THE FEDERAL PROPERTY AND ADMINISTRATIVE
SERVICES ACT OF 1949, AS AMENDED (41 U.S.C. 252(C)(3)) //63 STAT. 393;
IS AMENDED BY STRIKING OUT "$2,500" AND INSERTING IN LIEU THEREOF
"$10,000".
SEC. 4. (A) SECTION 2304(A)(3) OF TITLE 10, UNITED STATES CODE, //70A
STAT. 128; 72 STAT. 967.// IS AMENDED BY STRIKING OUT "$2,500" AND
INSERTING IN LIEU THEREOF "$10,000".
(B) SECTION 2304(G) OF SUCH TITLE //76 STAT. 528.// IS AMENDED BY
STRIKING OUT "$2,500" AND INSERTING IN LIEU THEREOF "$10,000".
SEC. 5 SECTION 9(B) OF THE TENNESSEE VALLEY AUTHORITY ACT OF 1933, AS
AMENDED (16 U.S.C. 831H(B)(3)) //49 STAT. 1080.// IS AMENDED BY STRIKING
OUT $500" AND INSERTING IN LIEU THEREOF "$10,000".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1168 ACCOMPANYING H.R. 14494 (COMM. ON
GOVERNMENT OPERATIONS).
SENATE REPORT NO. 93 - 901 (COMM ON GOVERNMENT OPERATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 6, CONSIDERED AND PASSED SENATE.
JULY 15, CONSIDERED AND PASSED HOUSE, IN LIEU OF H.R. 14494.
PUBLIC LAW 93-355, 88 STAT. 378, LEGAL SERVICES CORPORATION ACT OF
1974
BE IT ENACTED BY SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE CITED AS
THE "LEGAL SERVICES CORPORATION ACT OF 1974". //42 USA 2996 NOTE.//
SEC. 2. THE ECONOMIC OPPORTUNITY ACT OF 1964 IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW TITLE: //78 STAT. 508; 86 STAT.
704, 42 USC 2701 NOTE.//
"SEC. 1001. THE CONGRESS FINDS AND DECLARES THAT--
"(1) THERE IS A NEED TO PROVIDE EQUAL ACCESS TO THE SYSTEM OF JUSTICE
IN OUR NATION FOR INDIVIDUALS WHO SEEK REDRESS OF GRIEVANCES;
"(2) THERE IS A NEED RO PROVIDE HIGH QUALITY LEGAL ASSISTANCE TO
THOSE WHO WOULD BE OTHERWIDE UNABLE TO AFFORD ADEQUATE LEGAL COUNSEL AND
TO CONTINUE THE PRESENT VITAL LEGAL SERVICES PROGRAM;
"(3) PROVIDING LEGAL ASSISTANCE TO THOSE WHO FACE AND ECONOMIC
BARRIER TO ADEQUATE LEGAL COUNSEL WILL SERVE BEST THE ENDS OF JUSTICE;
"(4) FOR MANY OF OUR CITIZENS, THE AVAILABILITY OF LEGAL SERVICES HAS
REAFFIRMED FAITH IN OUR GOVERNMENT OF LAWS;
"(5) TO PRESERVE ITS STRENGTH, THE LEGAL SERVICES PROGRAM MUST BE
KEPT FREE FROM THE INFLUENCE OF OR USE BY IT OF POLITICAL PRESSURES;
AND
"(6) ATTORNEYS PROVIDING LEGAL ASSISTANCE MUST HAVE FULL FREEDOM TO
PROTECT THE BEST INTERESTS OF THEIR CLIENTS IN KEEPING WITH THE CODE OF
PROFESSIONAL RESPONSIBILITY, THE CANONS OF ETHICS, AND THE HIGH
STANDARDS OF THE LEGAL PROFESSION.
"SEC. 1002. AS USED IN THIS TITLE, THE TERM--
"(1) 'BOARD' MEANS THE BOARD OF DIRECTORS OF THE LEGAL SERVICES
CORPORATION;
"(2) 'CORPORATION' MEANS THE LEGAL SERVICES CORPORATION ESTABLISHED
UNDER THIS TITLE;
"(3) 'ELIGIBLE CLIENT' MEANS ANY PERSON FINANCIALLY UNABLE TO AFFORD
LEGAL ASSISTANCE;
"(4) 'GOVERNOR' MEANS THE CHIEF EXECUTIVE OFFICER OF A STATE;
"(5) 'LEGAL ASSISTANCE' MEANS THE PROVISION OF ANY LEGAL SERVICES
CONSISTENT WITH THE PURPOSES AND PROVISIONS OF THIS TITLE;
"(6) 'RECIPIENT' MEANS ANY GRANTEE, CONTRACTEE, OR RECIPIENT OF
FINANCIAL ASSISTANCE DESCRIBED IN CLAUSE (A) OF SECTION 1006(A)(1);
"(7) 'STAFF ATTORNEY' MEANS AN ATTORNEY WHO RECEIVES MORE THAN
ONE-HALF OF HIS ANNUAL PROFESSIONAL INCOME FROM A RECIPIENT ORGANIZED
SOLELY FOR THE PROVISIONS OF LEGAL ASSISTANCE TO ELIGIBLE CLIENTS UNDER
THIS TITLE; AND
"(8) 'STATE' MEANS ANY STATE OF THE UNITED STATES, THE DISTRICT OF
COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM,
AMERICAN SAMOA, THE TRUST TERRITORY OF THE PACIFIC ISLANDS, AND ANY
OTHER TERRITORY OR POSSESSION OF THE UNITED STATES.
"SEC. 1003. (A) THERE IS ESTABLISHED IN THE DISTRICT OF COLUMBIA A
PRIVATE NONMEMBERSHIP NONPROFIT CORPORATION, WHCIH SHALL BE KNOWN AS THE
LEGAL SERVICES CORPORATION, FOR THE PURPOSE OF PROVIDING FINANICAL
SUPPORT FOR LEGAL ASSISTANCE IN NONCRIMINAL PROCEEDINGS OR MATTERS TO
PERSON FINANCIALLY UNABLE TO AFFORD LEGAL ASSISTANCE.
"(B) THE CORPORATION SHALL MAINTAIN ITS PRINCIPAL OFFICE IN THE
DISTRICT OF COLUMBIA AND SHALL MAINTAIN THEREIN A DESIGNATED AGENT TO
ACCEPT SERVICE OF PROCESS FOR THE CORPORATION. NOTICE TO OR SERVICE
UPON THE AGENT SHALL BE DEEMED NOTICE TO OR SERVICE UPON THE
CORPORATION.
"(C) THE CORPORATION, AND ANY LEGAL ASSISTANCE PROGRAM ASSISTED BY
THE CORPORATION, SHALL BE ELIGIBLE TO BE TREATED AS AN ORGANIZATION
DESCRIBED IN SECTION 170(C)(2)(B) OF THE INTERNAL REVENUE CODE OF 1954
//83 STAT. 549, 26 USC 170,// AND AS AN ORGANIZATION DESCRIBED IN
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1954 WHICH IS EXEMPT
FROM TAXATION UNDER SECTION 501(A) OF SUCH CODE. //68A STAT. 163, 26
USC 501.// IF SUCH TREATMENTS ARE CONFERRED IN ACCORDANCE WITH THE
PROVISIONS OF SUCH CODE, THE CORPORATION, AND LEGAL ASSISTANCE PROGRAMS
ASSISTED BY THE CORPORATION, SHALL BE SUBJECT TO ALL PROVISIONS OF SUCH
CODE RELEVANT TO THE CONDUCT OF ORGANIZATIONS EXEMPT FROM TAXATION.
"SEC. 104. (A) THE CORPORATIO SHALL HAVE A BOARD OF DIRECTORS
CONSISTING OF ELEVEN VOTING MEMBERS APPOINTED BY THE PRESIDENT, BY AND
WITH THE ADVICE AND CONSENT OF THE SENATE, NO MORE THAN SIX OF WHOM
SHALL BE OF THE SAME POLITICAL PARTY. A MAJORITY SHALL BE MEMBERS OF
THE BAR OF THE HIGHEST COURT OF ANY STATE, AND NONE SHALL BE A FULL-TIME
EMPLOYEE OF THE UNITED STATES.
"(B) THE TERM OF OFFICE OF EACH MEMBER OF THE BOARD SHALL BE THREE
YEARS, EXCEPT THAT FIVE OF THE MEMBERS FIRST APPOINTED, AS DESIGNATED BY
THE PRESIDENT AT THE TIME OF APPOINTMENT, SHALL SERVE FOR A TERM OF TWO
YEARS. EACH MEMBER OF THE BOARD SHALL CONTINUE TO SERVE UNTILL
SUCCESSOR TO SUCH MEMBER HAS BEEN APPOINTED AND QUALIFIED. THE TERM OF
INITIAL MEMBERS SHALL BE COMPUTED FROM THE DATE OF THE FIRST MEETING OF
THE BOARD. THE TERM OF EACH MEMBER OTHER THAN INITIAL MEMBERS SHALL BE
COMPUTED FROM THE DATE OF TERMINATION OF THE PRECEDING TERM. ANY MEMBER
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE
TERM FOR WHICH SUCH MEMBER'S PREDECESSOR WAS APPOINTED SHALL BE
APPOINTED FOR THE REMAINDER OF SUCH TERM. NO MEMBER SHALL BE
REAPPOINTED TO MORE THAN TWO CONSECUTIVE TERMS IMMEDIATELY FOLLOWING
SUCH MEMBER'S INITIAL TERM.
"(C) THE MEMBERS OF THE BOARD SHALL NOT, BY REASON OF SUCH
MEMBERSHIP, BE DEEMED OFFICERS OR EMPLOYEES OF THE UNITED STATES.
"(D) THE PRESIDENT SHALL SELECT FROM AMONG THE VOTING MEMBERS OF THE
BOARD A CHAIRMAN, WHO SHALL SERVE FOR A TERM OF THREE YEARS. THEREAFTER
THE BOARD SHALL ANNUALLY ELECT A CHAIRMAN FROM AMONG ITS VOTING MEMBERS.
"(E) A MEMBER OF THE BOARD MAY BE REMOVED BY A VOTE OF SEVEN MEMBERS
FOR MALFEASANCE IN OFFICE OR FOR PERSISTENT NEGLECT OF OR INABILITY TO
DISCHARGE DUTIES, OR FOR OFFENSES INVOLVING MORAL TURPITUDE, AND FOR NO
OTHER CAUSE.
(F) WITHIN SIX MONTHS AFTER THE FIRST MEETING OF THE BOARD, THE BOARD
SHALL REQUEST THE GOVERNOR OF EACH STATE TO APPOINT A NINE-MEMBER
ADVISORY COUNCIL FOR SUCH STATE. A MAJORITY OF THE MEMBERS OF THE
ADVISORY COUNCIL SHALL BE APPINTED, AFTER RECOMMENDATIONS HAVE BEEN
RECEIVED FROM THE STATE BAR ASSOCIATION, FROM AMONG THE ATTORNEYS
ADMITTED TO PRACTICE IN THE STATE, AND THE MEMBERSHIP OF THE COUNCIL
SHALL BE SUBJECT TO ANNUAL REAPPOINTMENT. IF NINETY DAYS HAVE ELAPSED
WITHOUT SUCH AN ADVISORSOY COUNCIL APPOINTED BY THE GOVERNOR THE BOARD
IS AUTHORIZED TO APPOINT SUCH A COUNCIL. THE ADVISORY COUNCIL SHALL BE
CHARGED WITH NOTIFYING THE CORPORATION OF ANY APPARENT VIOLATION OF THE
PROVISIONS OF THIS TITLE AND APPLICABLE RULES, REGULATIONS, AND
GUIDELINES PROMULGATED PURSUANT TO THIS TITLE. THE ADVISORY COUNCIL
SHALL, AT THE SAME TIME, FURNISH A COPY OF THE NOTIFICATION TO ANY
RECIPIENT AFFECTED THEREBY, AND THE COORPORATION SHALL ALLOW SUCH
RECIPIENT A REASONABLE TIME (BUT IN NO CASE LESS THAN THIRTY DAYS) TO
REPLY TO ANY ALLEGATION CONTAINED IN THE NOTIFICATION.
"(G) ALL MEETINGS OF THE BOARD, OF ANY EXECUTIVE COMMITTEE OF THE
BOARD, AND OF ANY ADVISORY COUNCIL ESTABLISHED IN CONNECTION WITH THIS
TITLE SHALL BE OPEN TO THE PUBLIC, AND ANY MINUTES OF SUCH PUBLIC
MEETINGS SHALL BE AVAILABLE TO THE PUBLIC, UNLESS THE MEMBERSHIP OF SUCH
BODIES, BY TWO-THIRDS VOTE OF THOSE ELIGIBLE TO VOTE, DETERMINES THAT AN
EXECUTIVE SESSION SHOULD BE HELD ON A SPECIFIC OCCASION.
"(H) THE BOARD SHALL MEET AT LEAST FOUR TIMES DURING EACH CALENDAR
YEAR.
"SEC. 1005. (A). THE BOARD SHALL APPOINT THE PRESIDENT OF THE
CORPORATION, WHO SHALL BE A MEMBER OF THE BAR OF THE HIGHEST COURT OF A
STATE AND SHALL BE A NON-VOTING EX OFFICIO MEMBER OF THE BOARD, AND SUCH
OTHER OFFICERS AS THE BOARD DETERMINES TO BE NECESSARY. NO OFFICER OF
THE CORPORATION MAY RECEIVE ANY SALARY OR OTHER COMPENSATION FOR
SERVICES FROM ANY SOURCE OTHER THAN THE CORPORATION DURING HIS PERIOD OF
EMPLOYMENT BY THE CORPORATION, EXCEPT AS AUTHORIZED BY THE BOARD. ALL
OFFICERS SHALL SERVE AT THE PLEASURE OF THE BOARD.
"(B)(1) THE PRESIDENT OF THE CORPORATION, SUBJECT TO GENERAL POLICIES
ESTABLISHED BY THE BOARD, MAY APPOINT AND REMOVE SUCH EMPLOYEES OF THE
CORPORATION AS HE DETERMINES NECESSARY TO CARRY OUT THE PURPOSES OF THE
CORPORATION.
"(2) NO POLITICAL TEST OR POLITIICAL QUALIFICATION SHALL BE USED IN
SELECTING, APPOINTING, PROMOTING, OR TAKING ANY OTHER PERSONNEL ACTION
WITH RESPECT TO ANY OFFICER, AGENT, OR EMPLOYEE OF THE CORPORATION OR OF
ANY RECIPIENT, OR IN SELECTING OR MONITORING ANY GRANTEE, CONTRACTOR, OR
PERSON OR ENTITY RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE.
"(C) NO MEMBER OF THE BOARD MAY PARTICPATE IN ANY DECISION, ACTION,
OR RECOMMENDATION WITH RESEPCT TO ANY MATTER WHICH DIRECTLY BENEFITS
SUCH MEMBER OR PERTAINS SPECIFICALLY TO ANY FIRM OR ORGANIZATION WITH
WHICH SUCH MEMBER IS THEN ASSOCIATED OR HAS BEEN ASSOCIATED WITHIN A
PERIOD OF TWO YEARS.
"(D) OFFICERS AND EMPLOYEES OF THE CORPORATION SHALL BE COMPENSATED
AT RATES DETERMINED BY THE BOARD, BUT NOT IN EXCESS OF THE RATE OF LEVEL
V OF THE EXECUTIVE SCHEDULE SPECIFIED IN SECTION 4316 OF TITLE 5, UNITED
STATES CODE. //83 STAT. 863.//
"(E)(!) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS TITLE,
OFFICERS AND EMPLOYEES OF THE CORPORATION SHALL NOT BE CONSIDERED
OFFICERS OR EMPLOYEES, AND THE CORPORATION SHALL NOT BE CONSIDERED A
DEPARTMENT, AGENCY, OR INSTRUMENTALITY, OF THE FEDERAL GOVERNMENT.
"(2) NOTHING IN THIS TITLE SHALL BE CONSTRUED AS LIMITING THE
AUTHORITY OF THE OFFICE OF MANAGEMENT AND BUDGET TO REVIEW AND SUBMIT
COMMENTS UPON THE CORPORATION'S ANNUAL BUDGET REQUEST AT THE TIME IT IS
TRANSMITTED TO THE CONGRESS.
"(F) OFFICERS AND EMPLOYEES OF THE CORPORATION SHALL BE CONSIDERED
OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT FOR PURPOSES OF THE
FOLLOWING PROVISIONS OF TITLE 5, UNITED STATES CODE: SUBCHAPTER I OF
CHAPTER 81 (RELATING TO COMPENSATION FOR WORK INJURIES); CHAPTER 83
//80 STAT. 532, 5 USC 8101, 6301.// (RELATING TO CIVIL SERVICE
RETIREMENT); CHAPTER 87 //5 USC 8701.// (RELATING TO LIFE INSRUANCE);
AND CHAPTER 89 //5 USC 8901.// (RELATING TO HEALTH INSURANCE). THE
CORPORATION SHALL MAKE CONTRIBUTIONS AT THE SAME RATES APPLICABLE TO
AGENCIES OF THE FEDERAL GOVERNMENT UNDER THE PROVISIONS REFERRED TO IN
THIS SUBSECTION.
"(G) THE CORPORATION AND ITS OFFICERS AND EMPLOYEES SHALL BE SUBJECT
TO THE PROVISIONS OF SECTION 552 OF TITLE 5, UNITED STATES CODE //81
STAT. 54.// (RELATING TO FREEDOM OF INFORMATION).
"SEC. 1006. (A) TO THE EXTENT CONSISTENT WITH THE PROVISIONS OF THIS
TITLE, THE CORPORATION SHALL EXERCISE THE POWERS CONFERRED UPON A
NONPROFIT CORPORATION BY THE DISTRICT OF COLUMBIA NONPROFIT CORPORATION
ACT (EXCEPT FOR SECTION 1005(O) OF TITLE 29 OF THE DISTRICT OF COLUMBIA
CODE). //76 STAT. 265, D.C. CODE 29 - 1001.// IN ADDITION, THE
CORPORATION IS AUTHORIZED--
"(1)(A) TO PROVIDE FINANCIAL ASSISTANCE TO ELIGIBLE CLIENTS, AND TO
MAKE GRANTS TO AND CONTRACTS WITH--,
"(I) INDIVIDUALS, PARTNERSHIPS, FIRMS, CORPORATIONS, AND
NONPROFIT ORGANIZATIONS, AND
"(II) STATES AND LOCAL GOVERNMENT (ONLY UPON APPLICATION BY AN
APPROPRIATE STATE OR LOCAL AGENCY OR INSTITUTION AND UPON A
SPECIAL DETERMINATION BY THE BOARD THAT THE ARRANGEMENTS TO BE
MADE BY SUCH AGENCY OR INSTITUTION WILL PROVIDE SERVICES WHICH
WILL NOT BE PROVIDED ADEQUATELY THROUGH NON-GOVERNMENTAL
ARRANGEMENTS),
FOR THE PURPOSE OF PROVIDING LEGAL ASSISTANCE TO ELIGIBLE CLIENTS UNDER
THIS TITLE, AND (B) TO MAKE SUCH OTHER GRANTS AND CONTRACTS AS ARE
NECESSARY TO CARRY OUT THE PURPOSES AND PROVISIONS OF THIS TITLE;
"(2) TO ACCEPT IN THE NAME OF THE CORPORATION, AND EMPLOY OR DISPOSE
OF IN FURTHERANCE OF THE PURPOSES OF THIS TITLE, ANY MONEY OR PROPERTY,
REAL, PERSONAL, OR MIXED, TRANGIBLE OR INTANGIBLE, RECEIVED BY GIFT,
DEVISE, BEQUEST, OR OTHERWISE; AND
"(3) TO UNDERTAKE DIRECTLY AND NOT BY GRANT OR CONTRACT, THE
FOLLOWING ACTIVITIES RELATING TO THE DELIVERY OF LEGAL ASSISTANCE--
"(A) RESEARCH,
"(B) TRAINING AND TECHNICAL ASSISTANCE, AND
"(C) TO SERVE AS A CLEARINGHOUSE FOR INFORMATION.
"(B)(1) THE CORPORATION SHALL HAVE AUTHORITY TO INSURE THE COMPLIANCE
OF RECIPIENTS AND THEIR EMPLOYEES WITH THE PROVISIONS OF THIS TITLE AND
THE RULES, REGULATIONS, AND GUIDELINES PROMULGATED PURSUANT TO THIS
TITLE, AND TO TERMINATE, AFTER A HEARING IN ACCORDANCE WITH SECTION
1011, FINANCIAL SUPPORT TOG A RECIPIENT WHICH FAILS TO COMPLY.
"(2) IF A RECIPEIENT FINDS THAT ANY OF ITS EMPLOYEES HAS VIOALTED OR
CAUSED THE RECIPIENT TO VIOLATE THE PROVISIONS OF THIS TITLE OR THE
RULES, REGULATION, AND GUIDELINES PROMULGATED PURSUANT TO THIS TITLE,
THE RECIPIENT SHALL TAKE APPROPRIATE REMEDIAL OR DISCIPLINARY ACTION IN
ACCORDANCE WITH THE TYPES OF PROCEDURES PRESCRIBED IN THE PROVISIONS OF
SECTION 1011.
"(3) THE CORPORATION SHALL NOT, UNDER ANY PROVISION OF THIS TITLE,
INTERFERE WITH ANY ATTORNEY IN CARRYING OUT HIS PROFESSIONAL
RESPONSIBILITIES TO HIS CLIENT AS ESTABLISHED IN THE CANONS OF ETHICS
AND THE CODE OF PROFESSIONAL RESPONSIBILITY OF THE AMERCIAN BAR
ASSOCIATION (REFERRED TO COLLECTIVELY IN THIS TITLE AS 'PROFESSIONAL
RESPONSIBILTIES') OR ABROGATE AS TO ATTORNEYS IN PROGRAMS ASSISTED UNDER
THIS TITLE THE AUTHORITY OF A STATE OR OTHER JURISDICTION TO ENFORCE THE
STANDARDS OF PROFESSIONAL RESPONSIBILITY GENERALLY APPLICABLE TO
ATTORNEYS IN SUCH JURISDICTION. THE CORPORATION SHALL ENSURE THAT
ACTVITIES UNDER THIS TITLE ARE CARRIED OUT IN A MANNER CONSISTENT WITH
ATTORNEYS' PROFESSIONAL RESPONSIBILITIES.
"(4) NO ATTORNEY SHALL RECEIVE ANY COMPENSATION, EITHER DIRECTLY OR
INDIRECTLY, FOR THE PROVISION OF LEGAL ASSISTANCE UNDER THIS TITLE
UNLESS SUCH ATTORNEY IS ADMITTED OR OTHERWISE AUTHORIZED BY LAW, RULE,
OR REGUALTION TO PRACTICE LAW OR PROVIDE SUCH ASSISTANCE IN THE
JURISDICTION WHERE SUCH ASSISTANCE IS INITIATED.
"(5) THE CORPORATION SHALL INSURE THAT (A) NO EMPLOYEE OF THE
CORPORATION OR OF ANY RECIPIENT (EXCEPT AS PERMITTED BY LAW IN
CONNECTION WITH SUCH EMPLOYEE'S OWN EMPLOYMENT SITUATION), WHILE
CARRYING OUT LEGAL ASSISTANCE ACTIVITIES UNDER THIS TITLE, ENGAGE IN, OR
ENCOURAGE OTHERS TO ENGAGE IN, ANY PUBLIC DEMONSTRATION OR PICKETING,
BOYCOTT, OR STRIKE; AND (B) NO SUCH EMPLOYEE SHALL, AT ANY TIME, ENGAGE
IN, OR ENCOURAGE OTHERS TO ENGAGE IN, ANY OF THE FOLLOWING ACTIVITIES:
(I) ANY RIOTING OR CIVIL DISTRUBANCE, (II) ANY ACTIVITY WHICH IS IN
VIOLATION OF AN OUTSTANDING INJUNCTION OF ANY COURT OF COMPETENT
JURISDICTION, (III) ANY OTHER ILLEGAL ACTIVITY, OR (IV) ANY INTENTIONAL
IDENTIFICATION OF THE CORPORATION OR ANY RECIPIENT WITH ANY POLITICAL
ACTIVIITY PROHIBITED BY SECTION 1007(A)(6). THE BOARD, WITHIN NINETY
DAYS AFTER ITS FIRST MEETING, SHALL ISSUE RULES AND REGULATIONS TO
PROVIDE FOR THE ENFORCEMENT OF THIS PARAGRAPH AND SECTION 1007(A)(5),
WHICH RULES SHALL INCLUDE, AMONG AVAILABLE REMEDIES, PROVISIONS, IN
ACCORDANCE WITH THE TYPES OF PROCEDURES PRESCRIBED IN THE PROVISIONS OF
SECTION 1011, FOR SUSPENSION OF LEGAL ASSISTANCE SUPPORTED UNDER THIS
TITLE, SUSPENSION OF AN EMPLOYEE OF THE COORPORATION OR OF ANY EMPLOYEE
OF ANY RECIPIENT BY SUCH RECIPIENT, AND, AFTER CONSIDERATION OF OTHER
REMEDIAL MEASURES AND AFTER A HEARING IN ACCORDANCE WITH SECTION 1011,
THE TERMINATION OF SUCH ASSISTANCE OR EMPLOYMENT, AS DEEMED APPROPRIATE
FOR THE VIOALTION IN QUESTION.
"(6) IN AREAS WHERE SIGNIFICANT NUMBERS OF ELIGIBLE CLIENTS SPEAK A
LANGUAGE OTHER THAN ENGLISH AS THEIR PRINCIPAL LANGUAGE, THE CORPORATION
SHALL, TO THE ENTENT FEASIBLE, PROVIDED THAT THEIR PRICIIPAL LANGUAGE IS
USED IN THE PROVISION OF LEGAL ASSISTANCE TO SUCH CLIENTS UNDER THIS
TITLE.
"(C) THE CORPORATION SHALL NOT ITSELF--,
"(1) PARTICIPATE IN LITIGATION ON BEHALF OF CLIENTS OTHER
THAN
THE CORPORATION; OR
"(2) UNDERTAKE TO INFLUENCE THE PASSAGE OR DEFEAT OF ANY
LEGISLATION BY THE CONGRESS OF THE UNITED STATES OR BY ANY STATE OR
LOCAL LEGISLATIVE BODIES, EXCEPT THAT PERSONNEL OF THE CORPORATION MAY
TESTIFY OR MAKE OTHER APPROPRIATE COMMUNICATION (A) WHEN FORMALLY
REQUESTED TO DO SO BY A LEGISLATIVE BODY, A COMMITTEE, OR A MEMBER
THEREOF, OR (B) IN CONNECTION WITH LEGISLATION OR APPROPRIATIONS
DIRECTLY AFFECTIN THE ACTIVITIES OF THE CORPORATION.
"(D)(1) THE COORPORATION SHALL HAVE NO POWER TO ISSUE ANY SHARES OF
STOCK, OR TO DECLARE OR PAY ANY DIVIDENDS.
"(2) NO PART OF THE INCOME OR ASSETS OF THE CORPORATION SHALL INURE
TO THE BENEFIT OF ANY DIRECTOR, OFFICER, OR EMPLOYEES, EXCEPT AS
REASONABLE COMPENSATION FOR SERVICES OR REIMBURSEMENT FOR EXPENSES.
"(3) NEITHER THE CORPORATION NOR ANY RECIPIENT SHALL CONTRIBUTE OR
MAKE AVAILABLE CORPORATE FUNDS OR PROGRAM PERSONNEL OR EQUIPMENT TO ANY
POLITICAL PARTY OR ASSOCIATION, OR THE CAMPAIGN OF ANY CANDIDATE FOR
PUBLIC OR PARTY OFFICE.
"(4) NEITHER THE CORPORATION NOR ANY RECIPIENT SHALL CONTRIBUTE OR
MAKE AVAILABLE CORPORATE FUNDS OR PROGRAM PERSONNEL OR EQUIPMENT FOR USE
IN ADVOCATING OR OPPOSING ANY BALLOT MEASURES, INITIATIVES, OR
REFERENDUMS. HOWEVER, AN ATTORNEY MAY PROVIDE LEGAL ADVICE AND
REPRESNETATION AS AN ATTORNEY TO ANY ELIGIBLE CLIENT WITH RESPECT TO
SUCH CLIENT'S LEGAL RIGHTS.
"(5) NO CLASS ACTION SUIT, CLASS ACTION APPEAL, OR AMICUS CURIAE
CLASS ACTION MAY BE UNDERTAKEN, DIRECTLY OR THROUGH OTHERS, BY A STAFF
ATTORNEY, EXCEPT WITH THE EXPRESS APPROVAL OF A PROJECT DIRECTOR OF A
RECIPIENT IN ACCORDANCE WITH POLICIES ESTABLISHED BY THE GOVERNING BODY
OF SUCH RECIPIENT.
"(E)(1) EMPLOYEES OF THE CORPORATION OR OF RECIPIENTS SHALL NOT AT
ANY TIME INTENTIONALLY IDENTIFY THE CORPORATION OR THE RECIPIENT WITH
ANY PARTISAN OR NONPARTISAN POLITICAL ACTIVITY ASSOCIATED WITH A
POLITICAL PARTY OR ASSOCIATION, OR THE CAMPAIGN OF ANY CANDIDATE FOR
PUBLIC OR PARTY OFFICE.
"(2) EMPLOYEES OF THE CORPORATION SHALL BE DEEMED TO BE STATE OR
LOCAL EMPLOYEES FOR PURPOSES OF CHAPTER 15 OF TITLE 5, UNTIED STATES
CODE. /80 STAT. 403, 5 USC 1501.//
"(F) IF AN ACTION IS COMMENCED BY THE CORPORATION OR A RECIPIENT AND
A FINAL ORDER IS ENTERED IN FAVOR OF THE DEFENDANT AND AGAINST THE
CORPORATION OR A RECIPIENT'S PLAINTIFF, THE COURT MAY, UPON MOTION BY
THE DEFENDANT AND UPON A FINDING BY THE COURT THAT THE ACTION WAS
COMMENCED OR PURSUED FOR THE SOLE PURPOSE OF HARASSMENT OF THE DEFENDANT
OR THAT THE CORPORATION OR A RECIPIENT'S PLAINTIFF MALICIOUSLY ABUSED
LEGAL PROCESS, ENTER AN ORDER (WHICH SHALL BE APPEALABLE BEFORE BEING
MADE FINAL) AWARDING REASONABLE COSTS AND LEGAL FEES INCURRED BY THE
DEFENDANT IN DEFENSE OF THE ACTION, EXCEPT WHEN IN CONTRAVENTION OF A
STATE LAW, A RULE OF COURT, OR A STATUTE OF GENERAL APPLICABILITY. ANY
SUCH COSTS AND FEES SHALL BE DIRECTLY PAID BY THE CORPORATION.
"SEC. 1007. (A) WITH RESPECT TO GRANTS OR CONTRACT IN CONNECTION
WITH THE PROVISIONS OF LEGAL ASSISTANCE TO ELIGIBLE CLIENTS UNDER THIS
TITLE, THE CORPORATION SHALL--
"(1) INSURE THE MAINTENANCE OF THE HIGHEST QUALITY OF SERVICE
AND PROFESSIONAL STANDARDS, THE PRESERVATION OF ATTORNEY-CLIENT
RELATIONSHIPS, AND THE PROTECTION OF THE INTEGRITY OF THE
ADVERSARY PROCESS FROM ANY IMPAIRMENT IN FURNISHING LEGAL
ASSISTANCE TO ELIGIBLE CLIENTS;
(2)(A) ESTABLISH, IN CONSULTATION WITH THE DIRECTOR OF THE
OFFICE OF MANAGEMENT AND BUDGET AND WITH THE GOVERNORS OF THE
SEVERAL STATES, MAXIMUM INCOME LEVELS (TAKING INTO ACCOUNT FAMILY
SIZE, URBAN AND RURAL DIFFERENCES, AND SUBSTANTIAL COST-OF-LIVING
VARIATIONS) FOR INDIVIDUALS ELIGIBLE FOR LEGAL ASSISTANCE UNDER
THIS TITLE;
"(B) ESTABLISH GUIDELINES TO INSURE THAT ELIGIBILITY OF CLIENTS
WILL BE DETERMINED BY RECIPIENTS ON THE BASIS OF FACTORS WHICH
INCLUDE--,
"(I) THE LIQUID ASSETS AND INCOME LEVEL OF THE CLIENTT,
"(II) THE FIXED DEBTS, MEDICAL EXPENSES, AND OTHER FACTORS
WHICH AFFECT THE CLIENT'S ABILITY TO PAY
"(III) THE COST OF LIVING IN THE LOCALITY, AND
"(IV) SUCH OTHER FACTORS AS RELATE TO FINANCIAL INABILITY TO
AFFORD LEGAL ASSISTANCE, WHICH SHALL INCLUDE EVIDENCE OF A PRIOR
DETERMINATION, WHICH SHALL BE A DISQUALIFYING FACTOR, THAT SUCH
INDIVIDUAL'S LACK OF INCOME RESULTS FROM REFUSAL OR UNWILLINGNESS,
WITHOUT CAUSE, TO SEEK OR ACCEPT AN EMPLOYMENT SITUATION; AND
"(C) ESTABLISH PRIORITIES TO INSURE THAT PERSONS LEAST ABLE
TO
AFFORD LEGAL ASSISTANCE ARE GIVEN PREFERENCE IN THE FURNISHING
OF SUCH ASSISTANCE;
"(3) INSURE THAT GRANTS AND CONTRACTS ARE MADE SO AS TO PROVIDE
THE MOST ECONOMICAL AND EFFECTIVE DELIVERY OF LEGAL ASSISTANCE TO
PERSON IN BOTH URBAN AND RURAL AREAS;
"(4) INSURE THAT ATTORNEYS EMPLOYED FULL TIME IN LEGAL
ASSISTANCE ACTIVITIES SUPPORTED IN MAJOR PART BY CORPORATION
REFRAIN FROM (A) ANY COMPENSATED OUTSIDE PRACTICE OF LAW, AND (B)
ANY UNCOMPENSATED OUTSIDE PRACTICE OF LAW EXCEPT AS AUTHORIZED IN
GUIDELINES PROMULGATED BY THE CORPORATION;
"(5) INSURE THAT NO FUNDS MADE AVAILABLE TO RECIPIENTS BY THE
CORPORATION SHALL BE USED AT ANY TIME, DIRECTLY OR INDIRECTLY, TO
INFLUENCE THE ISSUANCE, AMENDMENT, OR REVOCATION OF ANY EXECUTIVE
ORDER OR SIMILAR PROMULGATION BY ANY FEDERAL, STATE, OR LOCAL
AGENCY, OR TO UNDERTAKE TO INFLUENCE THE PASSAGE OR DEFEAT OF ANY
LEGISLATION BY THE CONGRESS OF THE UNITED STATES, OR BY ANY STATE
OR LOCAL LEGISLATIVE BODIES, EXCEPT WHERE--,
"(A) REPRESENTATION BY AN ATTORNEY AS AS AN ATTORNEY FOR ANY
ELIGIBLE CLIENT IS NECESSARY TO THE PROVISION OF LEGAL ADVICE AND
REPRESENTATION WITH RESPECT TO SUCH CLIENT'S LEGAL RIGHTS AND
RESPONSIBILITIES (WHICH SHALL NOT BE CONSTRUED TO PERMIT A
RECIPIENT OR ATTORNEY TO SOLICT A CLIENT FOR THE PURPOSE OF MAKING
SUCH REPRENTATION POSSIBLE, OR TO SOLICT A GROUP WITH RESPECT TO
MATTERS OF GENERAL CONCERN TO A BROAD CLASS OF PERSONS AS
DISTINQUISHED FROM ACTING ON BEHALF OF ANY PARTICULAR CLIENT); OR
"(B) A GOVERNMENT AGENCY, A LEGISLATIVE BODY, A COMMITTEE, OR A
MEMBER THEREOF REQUESTS PERSONNEL OF ANY RECIPIENT TO MAKE
THERETO;
"(6) INSURE THAT ALL ATTORNEYS ENGAGED IN LEGAL ASSISTANCE
ACTIVITIES SUPPORTED IN WHOLE OR IN PART BY THE CORPORATION
REFRAIN, WHILE SO ENGAGED, FROM--
"(A) ANY POLITICAL ACTIVITY, OR
"(B) ANY ACTIVITY TO PROVIDE VOTERS OR PROSPECTIVE VOTERS WITH
TRANSPORTATION TO THE POLLS OR PROVIDE SIMILAR ASSISTANCE IN
CONNECTION WITH AN ELECTION (OTHER THAN LEGAL ADVICE AND
REPRESENTATION), OR
"(C) ANY VOTER REGISTRATION ACTIVITY (OTHER THAN LEGAL ADVICE
AND REPRESENTATION); AND INSURE THAT STAFF ATTORNEYS REFRAIN AT
ANY TIME DURING THE PERIOD FOR WHICH THEY RECEIVE COMPENSATION
UNDER THIS TITLE FROM THE ACTIVITIES DESCRIBED IN CLUASES (B) AND
(C) OF THIS PARAGRAPH AND FROM POLITICAL ACTIVITIES OF THE TYPE
PROHIBITED BY SECTION 1502(A) OF TITLE 5, UNITED STATES CODE, //80
STAT. 404.// WHETHER PARTISAN OR NONPARTISAN;
"(7) REQUIRE RECIPIENTS TO ESTABLISH GUIDELINES, CONSISTENT
WITH REGULATIONS PROMULGATED BY THE CORPORATION, FOR A SYSTEM FOR
REVIEW OF APPEALS TO INSURE THE EFFICIENT UTILIZATION OF RESOURCES
AND TO AVOID FRIVOLOUS APPEALS (EXCEPT THAT SUCH GUIDELINES OR
REGULATIONS SHALL IN NO WAY INTERFERE WITH ATTORNEYS' PROFESSIONAL
RESPONSIBILITIES);
"(8) INSURE THAT RECIPIENTS SOLICIT THE RECOMMENDATIONS OF THE
ORGANIZED BAR IN THE COMMUNITY BEING SERVED BEFORE FILING STAFF
ATTORNEY POSITIONS IN ANY PROJECT FUNDED PURSUANT TO THIS TITLE
AND GIVE PREFERENCE IN FILLING SUCH POSITIONS TO QUALIFIED PERSONS
WHO RESIDE IN THE COMMUNITY TO BE SERVED;
"(9) INSURE THAT EVERY GRANTEE, CONTRACTOR, OR PERSON OR ENTITY
RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE OR PREDECESSOR
AUTHORITY UNDER THIS ACT WHICH FILES WITH THE CORPORATION A TIMELY
APPLICATION FOR REFUNDING IS PROVIDED INTERIM FUNDING NECESSARY TO
MAINTAIN ITS CURRENT LEVEL OF ACTIVITIES UNTIL (A) THE APPLICATION
FOR REFUNDING HAS BEEN APPROVED AND FUNDS PURSUANT THERETO
RECEIVED, OR (B) THE APPLICATION FOR REFUNDING HAS BEEN FINALLY
DENIED IN ACCORDANCE WITH SECTION 1011 OF THIS ACT; AND
"(10) INSURE THAT ALL ATTORNEYS, WHILE ENGAGED IN LEGAL
ASSISTANCE ACTIVITIES SUPPORTED IN WHOLE OR IN PART BY THE
CORPORATION, REFRAIN FROM THE PERSISTENT INCITEMENT OF LITIGATION
AND ANY OTHER ACTIVITITY PROHIBITED BY THE CANONS OF ETHICS AND
CODE OF PROFESSIONAL RESPONSIBILITY OF THE AMERICAN BAR
ASSOCIATION, AND INSURE THAT SUCH ATTORNEYS REFRAIN FROM PERSONAL
REPRESENTATION FOR A PRIVATE FEE IN ANY CASES IN WHICH THEY WERE
INVOLVED WHILE ENGAGED IN SUCH LEGAL ASSISTANCE ACTIVITIES.
"(B) NO FUNDS MADE AVAILABLE BY THE CORPORATION UNDER THIS TITLE,
EITHER BY GRANT OR CONTRACT, MAY BE USED--,
"(1) TO PROVIDE LEGAL ASSISTANCE WITH RESPECT TO ANY
FEE-GENERATING CASE (EXCEPT IN ACCORDANCE WITH GUIDELINES
PROMULGATED BY THE CORPORATION), TO PROVIDE LEGAL ASSISTANCE WITH
RESPECT TO ANY CRIMINAL PROCEEDING, OR TO PROVIDE LEGAL ASSISTANCE
IN CIVIL ACTIONS TO PERSON WHO HAVE BEEN CONVICTED OF A CRIMINAL
CHARGE WHERE THE CIVIL ACTION ARISES OUT OF ALLEGED ACTS OR
FAILURES TO ACT AND THE ACTION IS BROUGHT AGAINST AN OFFICER OF
THE COURT OR AGAINST A LAW ENFORCEMENT OFFICIAL FOR THE PURPOSE OF
CHALLENGING THE VALIDITY OF THE CRIMINAL CONVICTION;
"(2) FOR ANY OF THE POLITICAL ACTIVITIES PROHIBITIED IN
PARAGRAPH (6) OF SUBSECTION (A) OF THIS SECTION;
"(3) TO MAKE GRANTS TO OR ENTER INTO CONTRACTS WITH ANY PRIVATE
LAW FIRM WHICH EXPENDS 50 PERCENT OR MORE OF ITS RESOURCES AND
TIME LITIGATING ISSUES IN THE BROAD INTERESTS OF A MAJORITY OF THE
PUBLIC;
"(4) TO PROVIDE LEGAL ASSISTANCE UNDER THIS TITLE TO ANY
UNEMANCIPATED PERSON FO LESS THAN EIGHTEEN YEARS FO AGE, EXCEPT
(A) WITH THE WRITTEN REQUEST OF ONE OF SUCH PERSON'S PARENTS OR
GUARDIANS, (B) UPON THE REQUEST OF A COURT OF COMPETENT
JURISDICTION, (C) IN CHILD ABUSE CASES, CURTODY PROCEEDINGS,
PERSONS IN NEED OF SUPERVISION (PINS) PROCEEDINGS, OR CASES
INVOLVING THE I INITIATION, CONTINUATION, OR CONDITIONS OF
INSTITUTIONALIZATION, OR (D) WHERE NECESSARY FOR THE PROTECTION OF
SUCH PERSON FOR THE PURPOSE OF SECURING, OR PREVENTING THE LOSS
OF, BENEIFTS, OR SECURING, OR PREVENTING THE LOSS OR IMPOSITION
OF, SERVICES UNDER LAW IN CASES NOT INVOLVING THE CHILD'S PARENT
OR GUARDIAN AS A DEFENDANT OR RESPONDENT;
"(5) TO SUPPORT OR CONDUCT TRAINING PROGRAMS FOR THE PURPOSE OF
ADVOCATING PARTICULAR PUBLIC POLICIES OR ENCOURAGING POLITICAL
ACTIVITIES, LABOR OR ANTILABOR ACTIVITIES, BOYCOTTS, PICKETING,
STRIKES, AND DEMONSTRATIONS, AS DISTINGUSIHED FROM THE
DISSEMINATION OF INFORMATION ABOUT SUCH POLICIES OR ACTIVITES,
EXCEPT THAT THIS PROVISION SHALL NOT BE CONSTRUED TO PROHIBIT THE
TRAINING OF ATTORNEYS OR PARALEGAL PERSONNEL NECESSARY TO PREPARE
THEM TO PROVIDE ADEQUATE LEGAL ASSISTANCE TO ELIGIBLE CLIENTS;
"(6) TO ORGANIZE, TO ASSIST TO ORGAINIZE, OR TO ENCOURAGE TO
ORGANIZE, OR TO PLAN FOR THE CREATION OR FORMATION OF, OR THE
STRUCTURING OF, ANY ORGANIZATION, ASSOCIATION, COALITION,
ALLIANCE, FEDERATION, CONFEDERATION, OR ANY SIMILAR ENTITY, EXCEPT
FOR THE PROVISION OF LEGAL ASSISTANCE TO ELIGIBLE CLIENTS IN
ACCORDANCE WITH GUIDELINES PROMULGATED BY THE CORPORATION;
"(7) TO PROVIDE LEGAL ASSISTANCE WITH RESPECT TO ANY PROCEEDING
OR LITIGATION RELATING TO THE DESEGRGATION OF ANY ELEMENTARY OR
SECONDARY SCHOOL OR SCHOOL SYSTEM;
"(8) TO PROVIDE LEGAL ASSISTANCE WITH RESPECT TO ANY PROCEEDING
OR LITIGATION WHICH SEEKS TO PROCURE A NONTHERAPEUTIC ABORTION, OR
TO COMPEL ANY INDIVIDUAL OR INSTITUTION TO PERFORM AN ABORTION, OR
ASSIST IN THE PERFORMANCE OF AN ABORTION, OR PROVIDE FACILITIES
FOR THE PERFORMANCE OF AN ABORTION, CONTRARY TO THE RELIGIOUS
BELIEFS OR MORAL CONVICTIONS OF SUCH INDIVIDUAL OR INSTITUTION;
OR
"(9) TO PROVE LEGAL ASSISTANCE WITH RESPECT TO ANY PROCEEDING
OR LITIGATION ARISING OUT OF A VIOLATION OF THE MILITARY SELECTIVE
SERVICE ACT /62 STAT. 604, 50 USC APP. 451.// OR OF DESERTION FROM
THE ARMED FORCES OF THE UNITED STATES.
"(C) IN MAKING GRANTS OR ENTERING INTO CONTRACTS FOR LEGAL
ASSISTANCE, THE CORPORATION SHALL INSURE THAT ANY RECIPIENT ORGANIZED
SOLELY FOR THE PURPOSE OF PROVIDING LEGAL ASSISTANCE TO ELIBIBLE CLIENTS
IS GOVERNED BY A BODY AT LEAST 60 PERCENT OF WHICH CONSISTS OF ATTORNEYS
WHO ARE MEMBERS OF THE BAR OF A STATE IN WHICH THE LEGAL ASSISTANCE IS
TO BE PROVIDED (EXCEPT THAT THE CORPORATION (1) SHALL, UPON APPLICATION,
GRANT WAIVERS TO PERMIT A LEGAL SERVICES PROGRAM, SUPPORTED UNDER
SECTION 222(A)(3) OF THE ECONOMIC OPPORTUNITY ACT OF 1964, //POST, P.
390.// WHICH ON THE DATE OF ENACTMENT OF THIS TITLE HAS A MAJORITY OF
PERSONS WHO ARE NOT ATTORNEYS ON ITS POLICY-MAKING BOARD TO CONTINUE
SUCH A NON-ATTORNEY MAJORITY UNDER THE PROVISIONS OF THIS TITLE, AND (2)
MAY GRANT, PURSUANT TO REGULATIONS ISSUED BY THE CORPORATION, SUCH A
WAIVER FOR RECIPIENTS WHICH, BECAUSE OF THE NATURE OF THE POPULATION
THEY SERVE, ARE UNABLE TO COMPLY WITH SUCH REQUIREMENT) AND WHICH
INCLUDE AT LEAST ONE INDIVIDUAL ELIGIBLE TO RECEIVE LEGAL ASSISTANCE
UNDER THIS TITLE. ANY SUCH ATTORNEY, WHILE SERVING ON SUCH BOARD, SHALL
NOT RECEIVE COMPENSATION FROM A RECIPEIENT.
"(D) THE CORPORATION SHALL MONITOR AND EVALUATE AND PROVIDE FOR
INDEPENDENT EVALUATIONS OF PROGRAMS SUPPORTED IN WHOLE OR IN PART UNDER
THIS TITLE TO INSURE THAT THE PROVISIONS OF THIS TITLE AND THE BYLAWS OF
THE CORPORATION AND APPLICABLE RULES, REGUALTIONS, AND GUIDELINES
PROMULGATED PURSUANT TO THIS TITLE ARE CARRIED OUT.
"(E) THE PRESIDENT OF THE CORPORATION IS AUTHORIZED TO MAKE GRANTS
AND ENTER INTO CONTRACTS UNDER THIS TITLE.
"(F) AT LEAST THIRTY DAYS PRIOR TO THE APPROVAL OF ANY GRANT
APPLICATION OR PRIOR TO ENTERING INTO A CONTRACT OR PRIOR TO THE
INITIATION OF ANY OTHER PROJECT, THE CORPORATION SHALL ANNOUNCE
PUBLICLY, AND SHALL NOTIFY THE GOVERNOR AND THE STATE BAR ASSOCIATION OF
ANY STATE WHERE LEGAL ASSISTANCE WILL THEREBY BE INITATED, OF SUCH
GRANT, CONTRACT, OR PROJECT. NOTIFICATION SHALL INCLUDE A REASONABLE
DESCRIPTION OF THE GRANT APPLICATION OR PROPOSED CONTRACT OR PROJECT AND
REQUEST COMMENTS AND RECOMMENDATIONS.
"(G) THE CORPORATION SHALL PROVIDE FOR COMPREHENSICE, INDEPENDENT
STUDY OF THE EXISTING STAFF-ATTORNEY PROGRAM UNDER THIS ACT AND, THROUGH
THE USE OF APPROPRIATE DEMONSTRATION PROJECTS, OF ALTERNATIVE AND
SUPPLEMENTAL METHODS OF DELIVERY OF LEGAL SERVICES TO ELIGIBLE CLIENTS,
INCLUDING JUDICARE, VOUCHERS, PREPAID LEGAL INSURANCE, AND CONTRACTS
WITH LAW FIRMS; AND, BASED UPON THE RESULTS OF SUCH STUDY, SHALL MAKE
RECOMMENDATIONS TO THE PRESIDENT AND THE CONGRESS, NOT LATER THAN TWO
YEARS AFTER THE FIRST MEETING OF THE BOARD, CONCERNING IMPROVEMENTS,
CHANGES, OR ALTERNATIVE METHODS FOR THE ECONOMICAL AND EFFECTIVE
DELIVERY OF SUCH SERVICES.
"SEC. 1008. (A) THE CORPORATION IS AUTHORIZED TO REQUIRE SUCH REPORTS
AS IT DEEMS NECESSARY FROM ANY GRANTEE, CONTRACTOR, OR PERSON OR ENTITY
RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE REGARDING ACTIVITIES
CARRIED OUT PURSUANT TO THIS TITLE.
"(B) THE CORPORATION IS AUTHORIZED TO PRESCRIBE THE KEEPING OF
RECORDS WITH RESPECT TO FUNDS PROVIDED BY GRANT OR CONTRACT AND SHALL
HAVE ACCESS TO SUCH RECORDS AT ALL REASONABLE TIMES FOR THE PURPOSE OF
INSURING COMPLIANCE WITH THE GRANT OR CONTRACT OR THE TERMS AND
CONDITIONS UPON WHICH FINANCIAL ASSISTANCE WAS PROVIDED.
"(C) THE CORPORATION SHALL PUBLISH AN ANNUAL REPORT WHICH SHALL BE
FILED BY THE CORPORATION WITH THE PRESIDENT AND THE CONGRESS.
"(D) COPIES OF ALL REPORTS PERTINENT TO THE EVAULATION, INSPECTION,
OR MONITORING OF ANY GRANTEE, CONTRACTOR, OR PERSON OR ENTITY RECEIVING
FINANCIAL ASSISTANCE UNDER THIS TITLE SHALL BE SUBMITTED ON A TIMELY
BASIS TO SUCH GRANTEE, CONTRACTOR, OR PERSON OR ENTITY, AND SHALL BE
MAINTAINED IN THE PRINCIPAL OFFICE OF THE CORPORATION FOR A PERIOD OF AT
LEAST FIVE YEARS SUBSEQUENT TO SUCH EVAULATION, INSPECTION OR
MONITORING. SUCH REPORTS SHALL BE AVAILABLE FOR PUBLIC INSPECTION
DURING REGULAR BUSINESS HOURS, AND COPIES SHALL BE FURNISHED, UPON
REQUEST, TO INTERESTED PARTIES UPON PAYMENT OF SUCH REASONABLE FEES AS
THE CORPORATION MAY ESTABLISH.
"(E) THE CORPORATION SHALL AFFORD NOTICE AND REASONABLE OPPORTUNITY
FOR COMMENT TO INTERESTED PARTIES PRIOR TO ISSUING RULES, REGULATIONS,
AND GUIDELINES, AND IT SHALL PUBLISH IN THE FEDERAL REGISTER AT LEAST 30
DAYS PRIOR TO THEIR EFFECTIVE DATE ALL ITS RULES, REGULATIONS,
GUIDELINES, AND INSTRUCTIONS.
"SEC. 1009. (A) (1) THE ACCOUNTS OF THE CORPORATION SHALL BE AUDITED
ANNUALLY. SUCH AUDITS SHALL BE CONDUCTED IN ACCORDANCE WITH GENERALLY
ACCEPTED AUDITING STANDARDS BY INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
WHO ARE CERTIFIED BY A REGULATORY AUTHORITY OF THE JURISDICTION IN WHICH
THE AUDIT IS UNDERTAKEN.
"(2) THE AUDITS SHALL BE CONDUCTED AT THE PLACE OR PLACES WHERE THE
ACCOUNTS OF THE CORPORATION ARE NORMALLY KEPT. ALL BOOKS, ACCOUNTS,
FINANCIAL RECORDS, REPORTS, FILES, AND OTHER PAPERS OR PROPERTY
BELONGING TO OR IN USE BY THE CORPORATION AND NECESSARY TO FACILITATE
THE AUDITS SHALL BE MADE AVAILABLE TO THE PERSON OR PERSONS CONDUCTING
THE AUDITS; AND FULL FACILITIES FOR VERIFYING TRANSACTIONS WITH THE
VALANCES AND SECURITIES HELD BY DEPOSITORIES, FISCAL AGENTS, AND
CUSTODIANS SHALL BE AFFORDED TO ANY SUCH PERSON.
"(3) THE REPORT OF THE ANNUAL AUDIT SHALL BE FILED WITH THE GENERAL
ACCOUNTING OFFICE AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION DURING
BUSINESS HOURS AT THE PRINCIPAL OFFICE OF THE CORPORATION.
"(B)(1) IN ADDITION TO THE ANNUAL AUDIT, THE FINANCIAL TRANSACTIONS
OF THE CORPORATION FOR ANY FISCAL YEAR DURING WHICH FEDERAL FUNDS ARE
AVAILABLE TO FINANCE ANY PORTION OF ITS OPERATIONS MAY BE AUDITED BY THE
GENERAL ACCOUNTING OFFICE IN ACCORDANCE WITH SUCH RULES AND REGULATIONS
AS MAY BE PRESCRIBED BY THE COMPTROLLER GENERAL OF THE UNITED STATES.
"(2) ANY SUCH AUDIT SHALL BE CONDUCTED AT THE PLACE OR PLACES WHERE
ACCOUNTS OF THE CORPORATION ARE NORMALLY KEPT. THE REPRESENTATIVES OF
THE GENERAL ACCOUNTING OFFICE SHALL HAVE ACCESS TO ALL BOOKS, ACCOUNTS,
FINANCIAL RECORDS, REPORTS, FILES, AND OTHER PAPERS OR PROPERTY
BELONGING TO OR IN USE BY THE CORPORATION AND NECESSARY TO FACILITATE
THE AUDIT; AND FULL FACILITIES FOR VERIFYING TRANSACTIONS WITH THE
BALANCES AND SECURITIES HELD BY DEPOSITORIES, FISCAL AGENTS, AND
CUSTODIANS SHALL BE AFFORDED TO SUCH REPRESENTATIVES. ALL SUCH BOOKS,
ACCOUNTS, FINANCIAL RECORDS, REPORTS, FILES, AND OTHER PAPERS OR
PROPERTY OF THE CORPORATION SHALL REMAIN IN THE POSSESSION AND CUSTODY
OF THE CORPORATION.
"(3) A REPORT OF SUCH AUDIT SHALL BE MADE BY THE COMPTROLLER GENERAL
TO THE CONGRESS AND TO THE PRESIDENT, TOGETHER WITH SUCH RECOMMENDATIONS
WITH RESPECT THERETO AS HE SHALL DEEM ADVISABLE.
"(C)(1) THE CORPORATION SHALL CONDUCT, OR REQUIRE EACH GUANTEE,
CONTRACTOR, OR PERSON OR ENTITY RECEIVING FINANCIAL ASSISTANCE UNDER
THIS TITLE TO PROVIDE FOR, AN ANNUAL FINANCIAL AUDIT. THE REPORT OF
EACH SUCH AUDIT SHALL BE MAINTAINED FOR A PERIOD OF AT LEAST FIVE YEARS
AT THE PRINCIPAL OFFICE OF THE CORPORATION.
"(2) THE CORPORATION SHALL SUBMIT TO THE COMPTROLLER GENERAL OF THE
UNITED STATES COPIES OF SUCH REPORTS, AND THE COMPTROLLER GENERAL MAY,
IN ADDITION, INSPECT THE BOOKS, ACCOUNTS, FINANCIAL RECORDS, FILES, AND
OTHER PAPERS OR PROPERTY BELONGING TO OR IN USE BY SUCH GRANTEE,
CONTRACTOR, OR PERSON OR ENTITY, WHICH RELATE TO THE DISPOSITION OR USE
OF FUNDS RECEIVED FROM THE CORPORATION. SUCH AUDIT REPORTS SHALL BE
AVAILABLE FOR PUBLIC INSPECTION, DURING REGULAR BUSINESS HOURS, AT THE
PRINCIPAL OFFICE OF THE CORPORATION.
"(D) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR SECTION 1008,
NEITHER THE CORPORATION NOR THE COMPTROLLER GENERAL SHALL HAVE ACCESS TO
ANY REPORTS OR RECORDS SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE.
"SEC. 1010. (A) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE
PURPOSE OF CARRYING OUT THE ACTIVITIES OF THE CORPORATION, $90,000,000
FOR FISCAL YEAR !975, $100,000,000 FOR FISCAL YEAR 1976, AND SUCH SUMS
AS MAY BE NECESSARY FOR FISCAL YEAR !977. THE FIRST APPROPRIATION MAY
BE MADE AVAILABLE TO THE CORPORATION AT ANY TIME AFTER SIX OR MORE
MEMBERS OF THE BOARD HAVE BEEN APPOINTED AND QUALIFIED. APPROPRIATIONS
SHALL BE FOR NOT MORE THAN TWO FISCAL YEARS, AND, IF FOR MORE THAN ONE
YEAR, SHALL BE PAID TO THE CORPORATION IN ANNUAL INSTALLMENTS AT THE
BEGINNING OF EACH FISCAL YEAR IN SUCH AMOUNTS AS MAY BE SPECIFIED IN
APPROPRIATION ACTS.
"(B) FUNDS APPROPRIATED PURSUANT TO THIS SECTION SHALL REMAIN
AVAILABLE UNTIL EXPENDED.
"(C) NON-FEDERAL FUNDS RECEIVED BY THYE CORPORATION, AND FUNDS
RECEIVED BY ANY RECIPIENT FROM A SOURCE OTHER THAN THE CORPORATION,
SHALL BE ACCOUNTED FOR AND REPORTED AS RECEIPTS AND DISBURSEMENTS
SEPARATE AND DISTINCT FROM FEDERAL FUNDS; BUT ANY FUNDS SO RECEIVED FOR
THE PROVISION OF LEGAL ASSISTANC ESHALL NOT BE EXPENDED BY RECIPIENTS
FOR ANY PURPOSE PROHIBITED BY THIS TITLE, EXCEPT THAT THIS PROVISION
SHALL NOT BE CONSTRUED TO PREVENT RECIPIENTS FROM RECEIVING OTHER PUBLIC
FUNDS OR TRIBAL FUNDS (INCLUDING FOUNDATION FUNDS BENEFITING INDIANS OR
INDIAN TRIBES) AND EXPENDING THEM IN ACCORDANCE WITH THE PURPOSES FOR
WHICH THEY ARE PROVIDED, OR TO PREVENT CONTRACTING OR MAKING OTHER
ARRANGEMENTS WITH PRIVATE ATTORNEYS, PRIVATE LAW FIRMS, OR OTHER STATE
OR LOCAL ENTITIES OF ATTORNEYS, OR WITH LEGAL AID SOCIETIES HAVING
SEPARATE PUBLIC DEFENDER PROGRAMS, FOR THE PROVISION OF LEGAL ASSISTANCE
TO ELIGIBLE CLIENTS UNDER THIS TITLE.
"SEC. 1011. THE CORPORATION SHALL PRESCRIBE PROCEDURES TO INSURE
THAT--,
"(1) FINANCIAL ASSISTANCE UNDER THIS TITLE SHALL NOT BE
SUSPENDED UNLESS THE GRANTEE, CONTRACTOR, OR PERSON OR ENTITY
RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE HAS BEEN GIVEN
REASONABLE NOTICE AND OPPORTUNITY TO SHOW CAUSE WHY SUCH ACTION
SHOULD NOT BE TAKEN; AND
"(2) FINANCIAL ASSISTANCE UNDER THIS TITLE SHALL NOT BE
TERMINATED, AN APPLICATION FOR REFUNDING SHALL NOT BE DENIED, AND
A SUSPENSION OF FINANCIAL ASSISTANT SHALL NOT BE CONTINUED FOR
LONGER THAN THIRTY DAYS, UNLESS THE GRANTEE, CONTRACTOR, OR PERSON
OR ENTITY RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE HAS BEEN
AFFORDED REASONABLE NOTICE AND OPPORTUNITY FOR A TIMELY, FULL, AND
FAIR HEARING.
"SEC. 1012. THE PRESIDENT MAY DIRECT THAT APPROPRIATE SUPPORT
FUNCTIONS OF THE FEDERAL GOVERNMENT MAY BE MADE AVAILABLE TO THE
CORPORATION IN CARRYING OUT ITS ACTIVITIES UNDER THIS TITLE, TO THE
EXTENT NOT INCONSISTENT WITH OTHER APPLICABLE LAW.
"SEC. 1014. THIS TITLE MAY BE CITED AS THE 'LEGAL SERVICES
CORPORATION ACT'.". //42 USC 2996 NOTE.//
SEC. 3. //42 USC 29936B NOTE.// (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, EFFECTIVE NINETY DAYS AFTER THE DATE OF THE FIRST
MEETING OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES CORPORATION
ESTABLISHED UNDER THE LEGAL SERVICES CORPORATION ACT (TITLE X OF THE
ECONOMIC OPPORTUNITY ACT OF 1964, AS ADDED BY THIS ACT), THE LEGAL
SERVICES CORPORATION SHALL SUCCEED TO ALL RIGHTS OF THE FEDERAL
GOVERNMENT TO CAPITAL EQUIPMENT IN THE POSSESSION OF LEGAL SERVICES
PROGRAMS OR ACTIVITIES ASSISTED PURSUANT TO SECTION 222(A)(3), 230, 232,
OR ANY OTHER PROVISION OF THE ECONOMIC OPPORTUNITY ACT OF 1964. //81
STAT. 698, 42 USC 2809, 2823, 2825.//
(B) WITHIN NINETY DAYS AFTER THE FIRST MEETING OF THE BOARD, ALL
ASSETS, LIABILITIES, OBLIGATIONS, PROPERTY, AND RECORDS AS DETERMINED BY
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, IN CONSULATION WITH
THE DIRECTOR OF THE OFFICE OF ECONOMIC OPPORTUNITY OR THE HEAD OF ANY
SUCCESSOR AUTHORITY, TO BE EMPLOYED DIRECTLY OR HELD OR USED PRIMARILY,
IN CONNECTION WITH ANY FUNCTION OF THE DIRECTOR OF THE OFFICE OF
ECONOMIC OPPORTUNITY OR THE HEAD OF ANY SUCCESSOR AUTHORITY IN CARRYING
OUT LEGAL SERVICES ACTIVITIES UNDER THE ECONOMIC OPPORTUNITY ACT OF
1964, //78 STAT. 508, 42 USC 2701 NOTE.// SHALL BE TRANSFERRED TO THE
CORPORATION. PERSONNEL TRANSFERRED TO THE CORPORATION FROM THE OFFICE
OF ECONOMIC OPPORTUNITY OR ANY SUCCESSOR AUTHORITY SHALL BE TRANSFERRED
IN ACCORDANCE WITH APPLICABLE LAWS AND REGUALTIONS, AND SHALL NOT BE
REDUCED IN COMPENSATION FOR ONE YEAR AFTER SUCH TRANSFER, EXCEPT FOR
CAUSE. THE DIRECTOR OF THE OFFICE OF ECONOMIC OPPORTUNITY OR THE HEAD
OF ANY SUCCESSOR AUTHORITY SHALL TAKE WHATEVER ACTION IS NECESSARY AND
REASONABLE TO SEEK SUITABLE EMPLOYMENT FOR PERSONNEL WHO DO NOT TRANSFER
TO THE CORPORATION
(C) COLLECTIVE-BARGAINING AGREEMENTS IN EFFECT ON THE DATE OF
ENACTMENT OF THIS ACT COVERING EMPLOYEES TRANSFERRED TO THE CORPORATION
SHALL CONTINUE TO BE RECOGNIZED BY THE CORPORATION UNTIL THE TERMINATION
DATE OF SUCH AGREEMENTS, OR UNTIL MUTUALLY MODIFIED BY THE PARTIES.
(D)(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DIRECTOR OF
THE OFFICE OF ECONOMIC OPPORTUNITY OR THE HEAD OF ANY SUCCESSOR
AUTHORITY SHALL TAKE SUCH ACTION AS MAY BE NECESSARY, IN COOPERATION
WITH THE PRESIENT OF THE LEGAL SERVICES CORPORATION, INCLUDING THE
PROVISION (BY GRANT OR OTHERWISE) OF FINANCIAL ASSISTANCE TO RECIPIENTS
AND THE CORPORATION AND THE FURNISHING OF SERVICES AND FACILITIES TO THE
CORPROATION--,
(A) TO ASSIST THE CORPORATION IN PREPARING TO UNDERTAKE, AND IN
THE INITIAL UNDERTAKING OF, ITS RESPONSIBILITIES UNDER THIS TITLE;
(B) OUT OF APPROPRIATIONS AVAILABLE TO HIM, TO MAKE FUNDS
AVAILABLE TO MEET THE ORGANIZATIONAL AND ADMINISTRATIVE EXPENSES
OF THE CORPORATION;
(C) WITHIN NINETY DAYS AFTER THE FIRST MEETING OF THE BOARD, TO
TRANSFER TO THE CORPORATION ALL UNEXPENDED BALANCES OF FUNDS
APPROPRIATED FOR THE PURPOSE OF CARRYING OUT LEGAL SERVICES
PROGRAMS AND ACTIVITIES UNDER THE ECONOMIC OPPORTUNITY ACT OF 1964
OR SUCCESSOR AUTHORITY; AND
(D) TO ARRANGE FOR THE ORDERLY CONTINUATION BY SUCH CORPORATION
OF FINANCIAL ASSISTANCE TO LEGAL SERVICES PROGRAMS AND ACTIVITIES
ASSISTED PURSUANT TO THE ECONOMIC OPPORTUNITY ACT OF 1964 OR
SUCCESSOR AUTHORITY.
WHENEVER THE DIRECTOR OF THE OFFICE OF ECONOMIC OPPORTUNITY OR THE HEAD
OF ANY SUCCESSOR AUTHORITY DETERMINES THAT AN OBLIGATION TO PROVIDE
FINANCIAL ASSISTANCE PURSUANT TO ANY CONTRACT OR GRANT FOR SUCH LEGAL
SERVICES WILL EXTEND BEYOND SIX MONTHS AFTER THE DATE OF ENACTMENT OF
THIS ACT, HE SHALL INCLUDE, IN ANY SUCH CONTRACT OR GRANT, PROVISIONS TO
ASSURE THAT THE OBLIGATION TO PROVIDE SUCH FINANCIAL ASSISTANCE MAY BE
ASSUMED BY THE LEGAL SERVICES CORPORATION, SUBJECT TO SUCH MODIFICATIONS
OF THE TERMS AND CONDITIONS OF SUCH CONTRACT OR GRANT AS THE CORPORATION
DETERMINES TO BE NECESSARY.
(2) SECTION 222(A)(3) OF THE ECONOMIC OPPORTUNITY ACT OF 1964 //81
STAT. 698; 83 STAT. 828, 829, 42 USC 2809.// IS REPEALED, EFFECTIVE
NINETY DAYS AFTER THE FIRST MEETING OF THE BOARD OF DIRECTORS OF THE
LEGAL SERVICES CORPORATION.
(E) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, SUCH SUMS AS MAY BE NECESSARY FOR CARRYING OUT
THIS SECTION.
(F) TITLE VI OF THE ECONOMIC OPPORTUNITY ACT OF 1964 //78 STAT. 528;
86 STAT. 697, 42 USC 2941.// IS AMENDED BY INSERTING AFTER SECTION 625
THEREOF THE FOLLOWING NEW SECTION:
"SEC. 626. NOTHING IN THIS ACT, EXCEPT TITLE X, AND NO REFERENCE TO
THIS ACT UNLESS SUCH REFERENCE REFERS TO TITLE X, //ANTE, P. 378.//
SHALL BE CONSTRUED TO AFFECT THE POWERS AND ACTIVITIES OF THE LEGAL
SERVICES CORPORATION.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 247 (COMM. ON EDUCATI AND LABOR) AND NO. 93
- 1039 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 495 (COMM. ON LABOR AND PUBLIC WELFARE) AND
NO. 93 - 845 ACCOMPANYING S. 2686 (COMM. OF CONFERENCE)
CONGRESSIONAL RECORD:
VOL. 119 (1973): JUNE 21, CONSIDERED AND PASSED HOUSE.
DEC. 10, 12 - 14, S. 2686 CONSIDERED IN SENATE.
VOL. 120 (1974): JAN. 28 - 30, S. 2686 CONSIDERED IN
SENATE.
JAN. 31, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF S.
2686.
MAY 16, HOUSE AGREED TO CONFERENCE REPORT.
JULY 16, SENATE INSISTED ON ITS AMENDMENTS; HOUSE RECEDED FROM
ITS DISAGREEMENT TO SENATE AMENDMENTS WITH AN AMENDMENT.
JULY 18, SENATE CONCURRED IN THE HOUSE AMENDMENT TO THE SENATE
AMENDMENT.
PUBLIC LAW 93-354, 88 STAT 373, NATIONAL DIABETES MELLITUS RESEARCH
AND EDUCATION 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 "NATIONAL DIABETES MELLITUS
RESEARCH AND EDUCATION ACT". //42 USC 289C - 2 NOTE.//
SEC. 2. (A) THE CONGRESS MAKES THE FOLLOWING FINDINGS: //42 USC
289C - 2 NOTE.//
(1) DIABETES MELLITUS IS A MAJOR HEALTH PROBLEM IN THE UNITED
STATES WHICH DIRECTLY AFFECTS PERHAPS AS MANY AS TEN MILLION
AMERICANS AND INDIRECTLY AFFECTS PERHAPS AS MANY AS FIFTY MILLION
AMERICANS WHO WILL PASS THE TENDENCY TO DEVELOP DIABETES MELLITUS
TO THEIR CHILDREN OR GRANDCHILDREN OR TO BOTH.
(2) DIABETES MELLITUS IS A FAMILY OF DISEASES THAT HAS AN
IMPACT ON VIRTUALLY ALL BIOLOGICAL SYSTEMS OF THE HUMAN BODY.
(3) DIABETES MELLITUS IS THE FIFTH LEADING CAUSE OF DEATH FROM
DISEASE, AND IT IS THE SECOND LEADING CAUSE OF NEW CASES OF
BLINDNESS.
(4) THE SEVERITY OF DIABETES MELLITUS IN CHILDREN AND MOST
ADOLESCENTS IS GREATER THAN IN ADULTS, WHICH IN MOST CASES
INVOLVES GREATER PROBLEMS IN THE MANAGEMENT OF THE DISEASE.
(5) THE COMPLICATIONS OF DIABETES MELLITUS, PARTICULARLY
CARDIOVASCULAR DEGENERATION, LEAD TO MANY OTHER SERIOUS HEALTH
PROBLEMS.
(6) UNCONTROLLED DIABETES MELLITUS SIGNIFICANTLY DECREASES LIFE
EXPECTANCY.
(7) THERE IS CONVINCING EVIDENCE THAT THE KNOWN PREVALENCE OF
DIABETES MELLITUS HAS INCREASED DRAMATICALLY IN THE PAST DECADE.
(8) THE CITIZENS OF THE UNITED STATES SHOULD HAVE A FULL
UNDERSTANDING OF THE NATURE OF THE IMPACT OF DIABETES MELLITUS.
(9) THE ATTAINMENT OF BETTER METHODS OF DIAGNOSIS AND TREATMENT
OF DIABETES MELLITUS DESERVES THE HIGHEST PRIORITY.
(10) THE ESTABLISHMENT OF REGIONAL DIABETES RESEARCH AND
TRAINING CENTERS THROUGHOUT THE COUNTRY IS ESSENTIAL FOR THE
DEVELOPMENT OF SCIENTIFIC INFORMATION AND APPROPRIATE THERAPIES TO
DEAL WITH DIABETES MELLITUS.
(11) IN ORDER TO PROVIDE FOR THE MOST EFFECTIVE PROGRAM AGAINST
DIABETES MELLITUS IT IS IMPORTANT TO MOBILIZE THE RESOURCES OF THE
NATIONAL INSTITUTES OF HEALTH AS WELL AS THE PUBLIC AND PRIVATE
ORGANIZATIONS CAPABLE OF THE NECESSARY RESEARCH AND PUBLIC
EDUCATION IN THE DISEASE.
(B) IT IS THE PURPOSE OF THIS ACT TO--,
(1) EXPAND THE AUTHORITY OF THE NATIONAL INSTITUTES OF HEALTH
TO ADVANCE THE NATIONAL ATTACK ON DIABETES MELLITUS; AND
(2) AS PART OF THAT ATTACK, TO ESTABLISH A LONG-RANGE PLAN
TO--,
(A) EXPAND AND COORDINATE THE NATIONAL RESEARCH EFFORT AGAINST
DIABETES MELLITUS;
(B) ADVANCE ACTIVITIES OF PARIENT EDUCATION, PROFESSIONAL
EDUCATION, AND PUBLIC EDUCATION WHICH WILL ALERT THE CITIZENS OF
THE UNITED STATES TO THE EARLY INDICATIONS OF DIABETES MELLITUS;
AND
(C) TO EMPHASIZE THE SIGNIFICANCE OF EARLY DETECTION, PROPER
CONTROL, AND COMPLICATION WHICH MAY EVOLVE FROM THE DISEASE.
SEC. 3. (A) THE DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH SHALL,
WITHIN SIXTY DAYS OF THE DATE OF THE ENACTMENT OF THIS SECTION,
ESTABLISH A NATIONAL COMMISSION ON DIABETES (HEREINAFTER IN THIS SECTION
REFERRED TO AS THE "COMMISSION"). //42 USC 289C - 2 NOTE.//
(B) THE COMMISSION SHALL BE COMPOSED OF SEVENTEEN MEMBERS AS FOLLOWS:
(1) THE DIRECTORS OF THE SEVEN INSTITUTES REFERRED TO IN
SUBSECTION (E).
(2) SIX MEMBERS APPOINTED BY THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE FROM SCIENTISTS OR PHYSICIANS WHO ARE NOT
IN THE EMPLOYMENT OF THE FEDERAL GOVERNMENT AND WHO REPRESENT THE
VARIOUS SPECIALTIES AND DISCIPLINES INVOLVING DIABETES MELLITUS
AND RELATED ENDOCRINE AND METABOLIC DISEASES.
(3) FOUR MEMBERS APPOINTED BY THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE FROM THE GENERAL PUBLIC. AT LEAST TWO OF
THE MEMBERS APPOINTED PURSUANT TO THIS PARAGRAPH SHALL BE
DIABETICS OR PARENTS OF DIABETICS.
THE MEMBERS OF THE COMMISSION SHALL SELECT A CHAIRMAN FROM AMONG THEIR
OWN NUMBER.
(C) THE COMMISSION MAY APPOINT AN EXECUTIVE DIRECTOR AND SUCH
ADDITIONAL PERSONNEL AS IT DETERMINES ARE NECESSARY FOR THE PERFORMANCE
OF THE COMMISSION'S FUNCTIONS.
(D) MEMBERS OF THE COMMISSION WHO ARE OFFICERS OR EMPLOYEES OF THE
FEDERAL GOVERNMENT SHALL SERVE AS MEMBERS OF THE COMMISSION WITHOUT
COMPENSATION IN ADDITION TO THAT RECEIVED IN THEIR REGULAR PUBLIC
EMPLOYMENT. MEMBERS OF THE COMMISSION WHO ARE NOT OFFICERS OR EMPLOYEES
OF THE FEDERAL GOVERNMENT SHALL EACH RECEIVE THE DAILY EQUIVALENT OF THE
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 COMMISSION. ALL MEMBERS
OF THE COMMISSION SHALL BE ENTITLED TO REIMBURSEMENT FOR TRAVEL,
SUBSISTENCE, AND OTHER NECESSARY EXPENSES INCURRED BY THEM IN THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE COMMISSION.
(E) THE COMMISSION SHALL FORMULATE A LONG-RANGE PLAN TO COMBAT
DIABETES MELLITUS WITH SPECIFIC RECOMMENDATIONS FOR THE UTILIZATION AND
ORGANIZATION OF NATIONAL RESOURCES FOR THAT PURPOSE. SUCH A PLAN SHALL
BE BASED ON A COMPREHENSIVE SURVEY INVESTIGATING THE MAGNITUDE OF
DIABETES MELLITUS, ITS EPIDEMIOLOGY, AND ITS ECONOMIC AND SOCIAL
CONSEQUENCES AND ON AN EVALUATION OF AVAILABLE SCIENTIFIC INFORMATION
AND THE NATIONAL RESOURCES CAPABLE OF DEALING WITH THE PROBLEM. THE
PLAN SHALL INCLUDE A PLAN FOR A COORDINATED RESEARCH PROGRAM
ENCOMPASSING PROGRAMS OF THE NATIONAL INSTITUTE OF ARGHRITIS,
METABOLISM, AND DIGESTIVE DISEASES, THE NATIONAL EYE INSTITUTE, THE
NATIONAL INSTITUTE OF NEUROLOGICAL DISEASES, THE NATIONAL HEART AND LUNG
INSTITUTE, THE NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES, THE
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT, AND THE
NATIONAL INSTITUTE OF DENTAL RESEARCH, AND OTHER FEDERAL AND NON-FEDERAL
PROGRAMS. THE COORDINATED RESEARCH PROGRAM SHALL PROVIDE FOR--,
(1) INVESTIGATION IN THE EPIDEMIOLOGY, ETIOLOGY, PREVENTION,
AND CONTROL OF DIABETES MELLITUS, INCLUDING INVESTIGATION INTO THE
SOCIAL, ENVIRONMENTAL, BEHAVIORAL, NUTRITIONAL, BIOLOGICAL, AND
GENETIC DETERMINANTS AND INFLUENCES INVOLVED IN THE EPIDEMIOLOGY,
ETIOLOGY, PREVENTION, AND CONTROL OF DIABETES MELLITUS;
(2) STUDIES AND RESEARCH INTO THE BASIC BIOLOGICAL PROCESSES
AND MECHANISMS INVOLVED IN THE UNDERLYING NORMAL AND ABNORMAL
PHENOMENA ASSOCIATED WITH DIABETES MELLITUS, INCLUDING
ABNORMALITIES OF THE SKIN, CARDIOVASCULAR SYSTEM, KIDNEYS, EYES,
AND NERVOUS SYSTEM, AND AVALUATION OF INFLUENCES OF OTHER
ENDOCRINE HORMONES ON THE ETIOLOGY, TREATMENT, AND COMPLICATIONS
OF DIABETES MELLITUS;
(3) RESEARCH INTO THE DEVELOPMENT, TRIAL, AND EVALUATION OF
TECHNIQUES AND DRUGS USED IN, AND APPROACHES TO, THE DIAGNOSIS,
TREATMENT, AND PREVENTION OF DIABETES MELLILTUS;
(4) ESTABLISHMENT OF PROGRAMS THAT WILL FOCUS AND APPLY
SCIENTIFIC AND TECHNOLOGICAL EFFORTS INVOLVING BIOLOGICAL,
PHYSICAL, AND ENGINEERING SCIENCE TO ALL FACETS OF DIABETES
MELLITUS;
(5) ESTABLISHMENT OF PROGRAMS FOR THE CONDUCT AND DIRECTION OF
FIELD STUDIES, LARGE-SCALE TESTING AND EVALUATION, AND
DEMONSTRATION OF PREVENTIVE DIAGNOSTIC, THERAPEUTIC,
REHABILITATIVE, AND CONTROL APPROACHES TO DIABETES MELLITUS;
(6) THE EDUCATION AND TRAINING OF SCIENTISTS, CLINICIANS,
EDUCATORS, AND ALLIED HEALTH PERSONNEL IN THE FIELDS AND
SPECIALTIES REQUISITE TO THE CONDUCT OF PROGRAMS RESPECTING
DIABETES MELLITUS;
(7) A SYSTEM FOR THE COLLECTION, ANALYSIS, AND DISSEMINATION OF
ALL DATA USEFUL IN THE PREVENTION, DIAGNOSIS, AND TREATMENT OF
DIABETES MELLITUS;
(8) APPROPRIATE DISTRIBUTION OF RESOURCES BETWEEN BASIC AND
APPLIED RESEARCH.
THE LONG-RANGE PLAN FORMULATED UNDER THIS SUBSECTION SHALL ALSO INCLUDE
WITHIN ITS SCOPE RELATED ENDOCRINE AND METABOLIC DISEASES AND BASIC
BIOLOGICAL PROCESSES AND MECHANISMS, THE BETTER UNDERSTANDING OF WHICH
IS ESSENTIAL TO THE SOLUTION OF THE PROBLEM OF DIABETES MELLITUS.
(F) IN THE DEVELOPMENT OF THE LONG-RANGE PLAN UNDER SUBSECTION (E),
ATTENTION SHALL BE GIVEN TO MEANS TO ASSURE CONTINUED DEVELOPMENT OF
KNOWLEDGE, AND DISSEMINATION OF SUCH KNOWLEDGE TO THE PUBLIC, WHICH
WOULD FORM THE BASIS OF FUTURE ADVANCES IN THE UNDERSTANDING, TREATMENT,
AND CONTROL OF DIABETES MELLITUS.
(G) THE COMMISSION MAY HOLD SUCH HEARINGS, TAKE SUCH TESTIMONY, AND
SIT AND ACT AT SUCH TIME AND PLACES AS THE COMMISSION DEEMS ADVISABLE TO
DEVELOP THE LONG-RANGE PLAN REQUIRED BY SUBSECTION (E).
(H)(1) THE COMMISSION SHALL PREPARE FOR EACH OF THE INSTITUTES WHOSE
PROGRAMS ARE TO BE ENCOMPASSED BY THE PLAN FOR A COORDINATED DIABETES
RESEARCH PROGRAM DESCRIBED IN SUBSECTION (E) BUDGET ESTIMATES FOR EACH
INSTITUTE'S PART OF SUCH PROGRAM. THE BUDGET ESTIMATES SHALL BE
PREPARED FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND FOR EACH OF THE
NEXT TWO FISCAL YEARS.
(2) WITHIN FIVE DAYS AFTER THE BUDGET FOR THE FISCAL YEAR ENDING JUNE
30, 1976, AND THE BUDGET FOR EACH OF THE NEXT TWO FISCAL YEARS IS
TRANSMITTED BY THE PRESIDENT TO THE CONGRESS THE SECRETARY SHALL
TRANSMIT TO THE COMMITTEES ON APPROPRIATIONS OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE, THE COMMITTEE ON LABOR AND PUBLIC
WELFARE OF THE SENATE, AND THE COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE OF THE HOUSE OF REPRESENTATIVES AN ESTIMATE OF THE AMOUNTS
REQUESTED FOR EACH OF THE INSTITUTES FOR DIABETES RESEARCH, AND A
COMPARISON OF SUCH AMOUNTS WITH THE BUDGET ESTIMATES PREPARED BY THE
COMMISSION UNDER PARAGRAPH (1).
(I)(1) THE COMMISSION SHALL PUBLISH AND TRANSMIT DIRECTLY TO THE
CONGRESS (WITHOUT PRIOR ADMINISTRATIVE APPROVAL) A FINAL REPORT WITHIN
NINE MONTHS AFTER THE DATE FUNDS ARE FIRST APPROPRIATED FOR THE
IMPLEMENTATION OF THIS SECTION. SUCH REPORT SHALL CONTAIN THE
LONG-RANGE PLAN REQUIRED BY SUBSECTION (E), THE BUDGET ESTIMATES
REQUIRED BY SUBSECTION (H), AND ANY RECOMMENDATIONS OF THE COMMISSION
FOR LEGISLATION.
(2) THE COMMISSION SHALL CEASE TO EXIST ON THE THIRTIETH DAY
FOLLOWING THE DATE OF THE SUBMISSION OF ITS FINAL REPORT PURSUANT TO
PARAGRAPH (1) OF THIS SUBSECTION.
(J) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THE PURPOSES
OF THIS SECTION $1,000,000.
SEC. 4. SECTION 317 OF THE PUBLIC HEALTH SERVICE ACT IS AMENDED--,
//86 STAT. 748, 42 USC 247B.//
(1) BY STRIKING OUT "COMMUNICABLE DISEASE CONTROL" EACH PLACE
IT OCCURS AND INSERTING IN LIEU THEREOF "COMMUNICABLE AND OTHER
DISEASE CONTROL";
(2) BY STRIKING OUT "COMMUNICABLE DISEASES" IN SUBSECTION (A)
AND INSERTING IN LIEU THEREOF "COMMUNICABLE OR OTHER DISEASES";
(3) BY STRIKING OUT "COMMUNICABLE DISEASE PROGRAM" IN
SUBSECTION (A) AND INSERTING IN LIEU THEREOF "COMMUNICABLE OR
OTHER DISEASE CONTROL PROGRAM";
(4) BY STRIKING OUT "COMMUNICABLE DISEASE" IN SUBSECTION (B)
(2)(C)(I) AND INSERTING IN LIEU THEREOF "COMMUNICABLE OR OTHER
DISEASE";
(5) BY STRIKING OUT "RH DISEASE," IN SUBSECTION (H)(1) AND BY
INSERTING "DIABETES MELLITUS AND RH DISEASE AND" BEFORE
"TUBERCULOSIS" IN THAT SUBSECTION; AND
(6) BY STRIKING OUT "COMMUNICABLE" IN THE SECTION HEADING.
COMMITTEE AND GENERAL AUTHORITY
SEC. 5. (A) PART D OF TITLE IV OF THE PUBLIC HEALTH SERVICE ACT //64
STAT. 443; 86 STAT. 162, 42 USC 289.// IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SECTIONS:
"SEC. 435. //42 USC 289C - 2.// (A) CONSISTENT WITH APPLICABLE
RECOMMENDATIONS OF THE NATIONAL COMMISSION ON DIABETES, THE SECRETARY
SHALL PROVIDE FOR THE DEVELOPMENT, OR SUBSTANTIAL EXPANSION, OF CENTERS
FOR RESEARCH AND TRAINING IN DIABETES MELLITUS AND RELATED ENDOCRINE AND
METABOLIC DISORDERS. EACH CENTER DEVELOPED OR EXPANDED UNDER THIS
SECTION SHALL (1) UTILIZE THE FACILITIES OF A SINGLE INSTITUTION, OR BE
FORMED FROM A CONSORTIUM OF COOPERATING INSTITUTIONS, MEETING SUCH
RESEARCH AND TRAINING QUALIFICATIONS AS MAY BE PRESCRIBED BY THE
SECRETARY; AND (2) CONDUCT (A) RESEARCH IN THE DIAGNOSIS AND TREATMENT
OF DIABETES MELLITUS AND RELATED ENDOCRINE AND METABOLIC DISORDERS AND
THE COMPLICATIONS RESULTING FROM SUCH DISEASE OR DISORDERS, (B) TRAINING
PROGRAMS FOR PHYSICIANS AND ALLIED HEALTH PERSONNEL IN CURRENT METHODS
OF DIAGNOSIS AND TREATMENT OF SUCH DISEASE, DISORDERS, AND
COMPLICATIONS, AND (C) INFORMATION PROGRAMS FOR PHYSICIANS AND ALLIED
HEALTH PERSONNEL WHO PROVIDE PRIMARY CARE FOR PATIENTS WITH SUCH
DISEASE, DISORDERS, OR COMPLICATIONS. INSOFAR AS PRACTICABLE, CENTERS
DEVELOPED OR EXPANDED UNDER THIS SECTION SHALL BE LOCATED GEOGRAPHICALLY
ON THE BASIS OF POPULATION DENSITY THROUGHOUT THE UNITED STATES AND IN
ENVIRONMENTS WITH PROVEN RESEARCH CAPABILITIES.
"(B) THE SECRETARY SHALL EVALUATE ON AN ANNUAL BASIS THE ACTIVITIES
OF CENTERS DEVELOPED OR EXPANDED UNDER THIS SECTION AND SHALL REPORT TO
THE CONGRESS (ON OR BEFORE JUNE 30 OF EACH YEAR) THE RESULTS OF HIS
EVALUATION.
"(C) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THIS
SECTION $8,000,000 FOR FISCAL YEAR ENDING JUNE 30, 1975, $12,000,000 FOR
FISCAL YEAR ENDING JUNE 30, 1976, AND $20,000,000 FOR FISCAL YEAR ENDING
JUNE 30, 1977.
"SEC. 436. FOR THE PURPOSE OF--,
"(1) BETTER COORDINATION OF THE TOTAL NATIONAL INSTITUTES OF
HEALTH RESEARCH ACTIVITIES RELATING TO DIABETES MELLITUS; AND
"(2) COORDINATING THOSE ASPECTS OF ALL FEDERAL HEALTH PROGRAMS
AND ACTIVITIES RELATING TO DIABETES MELLITUS TO ASSURE THE
ADEQUACY AND TECHNICAL SOUNDNESS OF SUCH PROGRAMS AND ACTIVITIES
AND TO PROVIDE FOR THE FULL COMMUNICATION AND EXCHANGE OF
INFORMATION NECESSARY TO MAINTAIN ADEQUATE COORDINATION OF SUCH
PROGRAMS AND ACTIVITIES,
THE DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH SHALL ESTABLISH A
DIABETES MELLITUS COORDINATING COMMITTEE. THE COMMITTEE SHALL BE
COMPOSED OF THE DIRECTORS (OR THEIR DESIGNATED REPRESENTATIVES) OF EACH
OF THE INSTITUTES AND DIVISIONS INVOLVED IN DIABETES-RELATED RESEARCH
AND SHALL INCLUDE REPRESENTATION FROM ALL FEDERAL DEPARTMENTS AND
AGENCIES WHOSE PROGRAMS INVOLVE HEALTH FUNCTIONS OR RESPONSIBILITIES AS
DETERMINED BY THE SECRETARY. THE COMMITTEE SHALL BE CHAIRED BY THE
DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH (OR HIS DESIGNATED
REPRESENTATIVE). THE COMMITTEE SHALL PREPARE A REPORT AS SOON AFTER THE
END OF EACH FISCAL YEAR AS POSSIBLE FOR THE DIRECTOR OF THE NATIONAL
INSTITUTES OF HEALTH DETAILING THE WORK OF THE COMMITTEE IN CARRYING OUT
THE COORDINATING ACTIVITIES DESCRIBED IN PARAGRAPHS (1) AND (2)."
(B) SECTION 434 OF THE PUBLIC HEALTH SERVICE ACT //86 STAT. 162, 42
USC 289C - 1.// IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW
SUBSECTION:
"(D) THE DIRECTOR OF THE NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM,
AND DIGESTIVE DISEASES, WORKING THROUGH THE ASSOCIATE DIRECTOR FOR
DIABETES (IF THAT POSITION IS ESTABLISHED), SHALL (1) CARRY OUT PROGRAMS
OF SUPPORT FOR RESEARCH AND TRAINING IN THE DIAGNOSIS, PREVENTION, AND
TREATMENT OF DIABETES MELLITUS AND RELATED ENDOCRINE AND METABOLIC
DISEASES, AND (2) ESTABLISH PROGRAMS OF EVALUATION, PLANNING, AND
DISSEMINATION OF KNOWLEDGE RELATED TO RESEARCH AND TRAINING IN DIABETES
MELLITUS AND RELATED ENDOCRINE AND METABOLIC DISEASES."
SEC. 6. //42 USC 289C - 1A.// THE SECRETARY OF HEALTH, EDUCATION,
AND WELFARE MAY ESTABLISH WITHIN THE NATIONAL INSTITUTE OF ARTHRITIS,
METABOLISM, AND DIGESTIVE DISEASES THE POSITION OF ASSOCIATE DIRECTOR
FOR DIABETES WHO WOULD REPORT DIRECTLY TO THE DIRECTOR OF THE INSTITUTE
AND WHO, UNDER THE SUPERVISION OF THE DIRECTOR OF THE INSTITUTE, WOULD
BE RESPONSIBLE FOR PROGRAMS WITH REGARD TO DIABETES MELLITUS WITHIN THE
INSTITUTE.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 894 ACCOMPANYING H.R. 12417 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE) AND NO. 93 - 1147 (COMM. OF
CONFERENCE).
SENATE REPORT NO. 93 - 653 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 20, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAR. 19, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIER OF H. R. 12417.
JULY 9, HOUSE AGREED TO CONFERENCE REPORT.
JULY 10, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-353, 88 STAT 362, HEALTH SERVICES RESEARCH, HEALTH
STATISTICS AND MEDICAL LIBRARIES ACT OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. (A) THIS ACT MAY BE CITED AS THE "HEALTH SERVICES
RESEARCH, HEALTH STATISTICS, AND MEDICAL LIBRARIES ACT OF 1974". //42
USC 242B NOTE.//
(B) UNLESS THE CONTEXT OTHERWISE REQUIRED.S, WHENEVER IN THIS ACT 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. //58 STAT. 682, 42 USC 201 NOTE.//
STATISTICS
SEC. 101. THIS TITLE MAY BE CITED AS THE "HEALTH SERVICES RESEARCH
AND EVALUATION AND HEALTH STATISTICS ACT OF 1974". //42 USC 242B
NOTE.//
SEC. 102. (A) SECTIONS 307, 312, 312A, 313, AND 315 ARE REPEALED.
//42 USC 242E, 244, 244A, 245, 247.//
(B)(1) SECTION 306 IS AMENDED (A) BY STRIKING OUT "SURGEON GENERAL"
EACH PLACE IT APPEARS AND INSERTING IN LIEU THEREOF "SECRETARY", (B) BY
STRIKING OUT "309" EACH PLACE IT OCCURS IN SUBSECTION (D) AND INSERTING
IN LIEU THEREOF "313" AND (C) BY STRIKING OUT SUBSECTION (E) AND
REDESIGNATING SUBSECTION (F) AS SUBSECTION (E). //70 STAT. 923, 42 USC
242D.//
(2) SECTION 306 AS AMENDED BY PARAGRAPH (1) //42 USC 244 - 1.// IS
TRANSFERRED TO PART B OF TITLE III, IS REDESIGNATED SECTION 312, AND IS
INSERTED AFTER SECTION 311.
(C)(1) SECTION 309 //74 STAT. 819, 42 USC 242G.// IS AMENDED (A) BY
STRIKING OUT "SURGEON GENERAL" EACH PLACE IT OCCURS AND INSERTING IN
LIEU THEREOF "SECRETARY, AND (B) BY STRIKING OUT "306(D)" AND INSERTING
IN LIEU THEREOF "312(D)".
(2) SECTION 309, AS AMENDED BY PARAGRAPH (1), //42 USC 245A.// IS
TRANSFERRED TO PART B OF TITLE III, IS REDESIGNATED SECTION 313, AND IS
INSERTED IMMEDIATELY BEFORE SECTION 314.
(D) SECTION 310 //76 STAT. 592, 42 USC 242H.// IS TRANSFERRED TO PART
B OF TITLE III, IS REDESIGNATED SECTION 319, AND IS INSERTED AFTER
SECTION 318. //42 USC 247D.//
(E) SECTION 310A //84 STAT. 1306, 42 USC 242I.// IS TRANSFERRED TO
TITLE II, IS REDESIGNATED SECTION 226, AND IS INSERTED AFTER SECTION
225. //42 USC 235.//
(F)(1) SECTION 310B //4I USC 242J.// IS AMENDED BY STRIKING OUT "304,
305,".
(2) SECTION 310B, AS AMENDED BY PARAGRAPH (1) IS TRANSFERRED TO TITLE
II, IS REDESIGNATED SECTION 22M, AND IS INSERTED AFTER SECTION 226 //42
USC 236.// (INSERTED BY SUBSECTION (E) OF THIS SECTION).
SEC. 103. SECTION 304 //81 STAT. 534; 84 STAT. 1302, 42 USC 242B.//
IS AMENDED TO READ AS FOLLOWS:
"SEC. 304. (A)(1) THE SECRETARY SHALL--,
"(A) UNDERTAKE THROUGH THE NATIONAL CENTER FOR HEALTH SERVICES
RESEARCH, THE NATIONAL CENTER FOR HEALTH STATISTICS, AND SUCH
OTHER UNITS OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE AS
HE MAY SELECT, AND
"(B) SUPPORT,
HEALTH STATISTICAL ACTIVITIES AND HEALTH SERVICES RESEARCH, EVALUATION,
AND DEMONSTRATIONS.
"(2) IN CARRYING OUT PARAGRAPH (1), THE SECRETARY SHALL GIVE
APPROPRIATE EMPHASIS TO RESEARCH AND STATISTICAL ACTIVITIES
RESPECTING--,
"(A) THE DETERMINANTS OF AN INDIVIDUAL'S HEALTH,
"(B) THE IMPACT OF THE ENVIRONMENT ON INDIVIDUAL HEALTH AND ON
HEALTH CARE,
"(C) THE ACCESSIBILITY, ACCEPTABILITY, PLANNING, ORGANIZATION,
TECHNOLOGY, DISTRIBUTION, UTILIZATION, QUALITY, AND FINANCING OF
SYSTEMS FOR THE DELIVERY OF HEALTH CARE, INCLUDING SYSTEMS FOR THE
DELIVERY OF PREVENTIVE, PERSONAL, AND MENTAL HEALTH CARE, AND
"(D) INDIVIDUAL AND COMMUNITY KNOWLEDGE OF INDIVIDUAL HEALTH
AND THE SYSTEMS FOR THE DELIVERY OF HEALTH CARE.
"(B) TO IMPLEMENT SUBSECTION (A), THE SECRETARY MAY, IN ADDITION TO
ANY OTHER AUTHORITY WHICH UNDER OTHER PROVISIONS OF THIS ACT OR ANY
OTHER LAW MAY BE USED BY HIM TO IMPLEMENT SUCH SUBSECTION, DO THE
FOLLOWING:
"(1) UTILIZE PERSONNEL AND EQUIPMENT, FACILITIES, AND OTHER
PHYSICAL RESOURCES OF THE DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE, PERMIT APPROPRIATE (AS DETERMINED BY THE SECRETARY)
ENTITIES AND INDIVIDUALS TO UTILIZE THE PHYSICAL RESOURCES OF SUCH
DEPARTMENT, PROVIDE TECHNICAL ASSISTANCE AND ADVICE, MAKE GRANTS
TO PUBLIC AND NONPROFIT PRIVATE ENTITIES AND INDIVIDUALS, AND
ENTER INTO CONTRACTS WITH PUBLIC AND PRIVATE ENTITIES AND
INDIVIDUALS, FOR (A) HEALTH SERVICES RESEARCH, EVALUATION, AND
DEMONSTRATIONS, AND (B) HEALTH SERVICES RESEARCH AND HEALTH
STATISTICS TRAINING, AND (C) HEALTH STATISTICAL ACTIVITIES.
(2) ADMIT AND TREAT AT HOSPITALS AND OTHER FACILITIES OF THE
SERVICE PERSONS NOT OTHERWISE ELIGIBLE FOR ADMISSION AND TREATMENT
AT SUCH FACILITIES.
"(3) SECURE, FROM TIME TO TIME AND FOR SUCH PERIODS AS THE
SECRETARY DEEMS ADVISABLE, THE ASSISTANCE AND ADVICE OF EXPERTS
AND CONSULTANTS FROM THE UNITED STATES OR ABROAD.
"(4) ACQUIRE, CONSTRUCT, IMPROVE, REPAIR, OPERATE, AND MAINTAIN
LABORATORY, RESEARCH, AND OTHER NECESSARY FACILITIES AND
EQUIPMENT, AND SUCH OTHER REAL OR PERSONAL PROPERTY (INCLUDING
PATENTS) AS THE SECRETARY DEEMS NECESSARY; AND ACQUIRE, WITHOUT
REGARD TO THE ACT OF MARCH 3, 1877 (40 U.S.C. 34), //19 STAT.
370.// BY LEASE OR OTHERWISE, THROUGH THE ADMINISTRATOR OF GENERAL
SERVICES, BUILDINGS OR PARTS OF BUILDINGS IN THE DISTRICT OF
COLUMBIA OR COMMUNITIES LOCATED ADJACENT TO THE DISTRICT OF
COLUMBIA.
"(C) THE SECRETARY SHALL COORDINATE ALL HEALTH SERVICES RESEARCH,
EVALUATION, DEMONSTRATION, AND HEALTH STATISTICAL ACTIVITIES UNDERTAKEN
AND SUPPORTED THROUGH UNITS OF THE DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE. TO THE MAXIMUM EXTENT FEASIBLE, SUCH COORDINATION SHALL BE
CARRIED OUT THROUGH THE NATIONAL CENTER FOR HEALTH SERVICES RESEARCH AND
THE NATIONAL CENTER FOR HEALTH STATISTICS."
SEC. 104. SECTION 305 //70 STAT. 490; 84 STAT. 1303, 42 USC 242C.//
IS AMENDED TO READ AS FOLLOWS:
"SEC. 305. (A) THERE IS ESTABLISHED IN THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE THE NATIONAL CENTER FOR HEALTH SERVICES RESEARCH
(HEREINAFTER IN THIS SECTION REFERRED TO AS THE 'CENTER') WHICH SHALL BE
UNDER THE DIRECTION OF A DIRECTOR WHO SHALL BE APPOINTED BY THE
SECRETARY AND SUPERVISED BY THE ASSISTANT SECRETARY FOR HEALTH (OR SUCH
OTHER OFFICER OF THE DEPARTMENT AS MAY BE DESIGNATED BY THE SECRETARY AS
THE PRINCIPAL ADVISER TO HIM FOR HEALTH PROGRAMS).
"(B) IN CARRYING OUT SECTION 304(A), //ANTE, P. 362.// THE SECRETARY,
ACTING THROUGH THE CENTER, MAY UNDERTAKE AND SUPPORT RESEARCH,
EVALUATION, AND DEMONSTRATION PROJECTS (WHICH MAY INCLUDE AND SHALL BE
APPROPRIATELY COORDINATED WITH EXPERIMENTS AND DEMONSTRATION ACTIVITIES
AUTHORIZED BY THE SOCIAL SECURITY ACT AND THE SOCIAL SECURITY AMENDMENTS
OF 1967) //42 USC 1305, 42 USC 302 NOTE.// RESPECTING--,
"(1) THE ACCESSIBILITY, ACCEPTABILITY, PLANNING, ORGANIZATION,
DISTRIBUTION, TECHNOLOGY, UTILIZATION, QUALITY, AND FINANCING OF
HEALTH SERVICES AND SYSTEMS;
"(2) THE SUPPLY AND DISTRIBUTION, EDUCATION AND TRAINING,
QUALITY, UTILIZATION, ORGANIZATION, AND COSTS OF HEALTH MANPOWER;
AND
"(3) THE DESIGN, CONSTRUCTION, UTILIZATION, ORGANIZATION, AND
COST OF FACILITIES AND EQUIPMENT.
"(C) THE SECRETARY SHALL AFFORD APPROPRIATE CONSIDERATION TO REQUESTS
OF--,
"(1) STATE, REGIONAL, AND LOCAL HEALTH PLANNING AND HEALTH
AGENCIES,
"(2) PUBLIC AND PRIVATE ENTITIES AND INDIVIDUALS ENGAGED IN THE
DELIVERY OF HEALTH CARE, AND
"(3) OTHER PERSONS CONCERNED WITH HEALTH SERVICES,
TO HAVE THE CENTER OR OTHER UNITS OF THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE UNDERTAKE RESEARCH, EVALUATIONS, AND
DEMONSTRATIONS RESPECTING SPECIFIC ASPECTS OF THE MATTERS REFERRED TO IN
SUBSECTION (B).
"(D)(1) THE SECRETARY SHALL, BY GRANTS OR CONTRACTS, OR BOTH, ASSIST
PUBLIC OR PRIVATE NONPROFIT ENTITIES IN MEETING THE COSTS OF PLANNING
AND ESTABLISHING NEW CENTERS, AND OPERATING EXISTING AND NEW CENTERS,
FOR MULTIDISCIPLINARY HEALTH SERVICES, RESEARCH, EVALUATIONS, AND
DEMONSTRATIONS RESPECTING THE MATTERS REFERRED TO IN SUBSECTION (B). TO
THE EXTENT PRACTICABLE, THE SECRETARY SHALL APPROVE, IN ACCORDANCE WITH
THE REQUIREMENTS OF THIS SUBSECTION AND SECTION 308, //POST, P. 358.//
A NUMBER OF APPLICATIONS FOR GRANTS AND CONTRACTS UNDER THIS SUBSECTION
WHICH WILL RESULT IN AT LEAST SIX OF SUCH CENTERS (INCLUDING TWO
NATIONAL SPECIAL EMPHASIS CENTERS, ONE OF WHICH (TO BE DESIGNATED AS THE
HEALTH CARE TECHNOLOGY CENTER) SHALL FOCUS ON ALL FORMS OF TECHNOLOGY,
INCLUDING COMPUTERS AND ELECTRONIC DEVICES, AND ITS APPLICATIONS IN
HEALTH CARE DELIVERY; AND ONE OF WHICH (TO BE DESIGNATED AS THE HEALTH
CARE MANAGEMENT CENTER) SHALL FOCUS ON THE IMPROVEMENT OF MANAGEMENT AND
ORGANIZATION IN THE HEALTH FIELD, THE TRAINING AND RETRAINING OF
ADMINISTRATORS OF HEALTH CARE ENTERPRISES, AND THE DEVELOPMENT OF
LEADERS, PLANNERS, AND POLICY ANALYSTS IN THE HEALTH FIELD) BEING
OPERATIONAL IN EACH FISCAL YEAR.
"(2)(A) NO GRANT OR CONTRACT MAY BE MADE UNDER THIS SUBSECTION FOR
PLANNING AND ESTABLISHING A CENTER UNLESS THE SECRETARY DETERMINES THAT
WHEN IT IS OPERATIONAL IT WILL MEET THE REQUIREMENTS LISTED IN
SUBPARAGRAPH (B) AND NO PAYMENT SHALL BE MADE UNDER A GRANT OR CONTRACT
FOR OPERATION OF A CENTER UNLESS THE CENTER MEETS SUCH REQUIREMENTS.
"(B) THE REQUIREMENTS REFERRED TO IN SUBPARAGRAPH (A) ARE AS FOLLOWS:
"(I) THERE SHALL BE A FULL-TIME DIRECTOR OF THE CENTER WHO
POSSESSES A DEMONSTRATED CAPACITY FOR SUSTAINED PRODUCTIVITY AND
LEADERSHIP IN HEALTH SERVICES RESEARCH, DEMONSTRATIONS, AND
EVALUATIONS, AND THERE SHALL BE SUCH ADDITIONAL FULL-TIME
PROFESSIONAL STAFF AS MAY BE APPROPRIATE.
"(II) THE STAFF OF THE CENTER SHALL REPRESENT ALL RELEVANT
DISCIPLINES.
"(III) THE CENTER SHALL (I) BE LOCATED WITHIN AN ESTABLISHED
ACADEMIC OR RESEARCH INSTITUTION WITH DEPARTMENTS AND RESOURCES
APPROPRIATE TO THE PROGRAMS OF THE CENTER, AND (II) HAVE WORKING
RELATIONSHIPS WITH HEALTH SERVICE DELIVERY SYSTEMS WHERE
EXPERIMENTS IN HEALTH SERVICES MAY BE INITIATED AND EVALUATED.
"(IV) THE CENTER SHALL SELECT PROBLEMS IN HEALTH SERVICES FOR
RESEARCH, DEMONSTRATIONS, AND EVALUATIONS ON THE BASIS OF (I)
THEIR REGIONAL OR NATIONAL IMPORTANCE, (II) THE UNIQUE POTENTIAL
FOR DEFINITIVE RESEARCH ON THE PROBLEM, AND (III) OPPORTUNITES FOR
LOCAL APPLICATION OF THE RESEARCH FINDINGS.
"(V) SUCH ADDITIONAL REQUIREMENTS AS THE SECRETARY MAY BY
REGULATION PRESCRIBE.
"(E) THE AUTHORITY OF THE SECRETARY UNDER SECTION 304(B) //ANTE, P.
362.// SHALL BE AVAILABLE TO HIM WITH RESPECT TO THE UNDERTAKING AND
SUPPORT OF PROJECTS UNDER SUBSECTIONS (B), (C), AND (D) OF THIS
SECTION."
SEC. 105. THE FOLLOWING NEW SECTION IS INSERTED IN PART A OF
TITLE III AFTER SECTION 305: //ANTE, P. 363.//
"SEC. 306. (A) THERE IS ESTABLISHED IN THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE THE NATIONAL CENTER FOR HEALTH STATISTICS
(HEREINAFTER IN THIS SECTION REFERRED TO AS THE 'CENTER') WHICH SHALL BE
UNDER THE DIRECTION OF A DIRECTOR WHO SHALL BE APPOINTED BY THE
SECRETARY AND SUPERVISED BY THE ASSISTANT SECRETARY FOR HEALTH (OR SUCH
OTHER OFFICER OF THE DEPARTMENT AS MAY BE DESIGNATED BY THE SECRETARY AS
THE PRINCIPAL ADVISER TO HIM FOR HEALTH PROGRAMS).
"(B) IN CARRYING OUT SECTION 304(A), THE SECRETARY, ACTING THROUGH
THE CENTER, MAY--,
"(1) COLLECT STATISTICS ON--,
"(A) THE EXTENT AND NATURE OF ILLNESS AND DISABILITY OF THE
POPULATION OF THE UNITED (OR OF ANY GROUPINGS OF THE PEOPLE IN-
CLUDED IN THE POPULATION), INCLUDING LIFE EXPECTANCY, THE INCI-
DENCE OF VARIOUS ACUTE AND CHRONIC ILLNESSES, AND INFANT AND
MATERNAL MORBIDITY AND MORTALITY,
"(B) THE IMPACT OF ILLNESS AND DISABILITY OF THE POPULATION ON
THE ECONOMY OF THE UNITED STATES AND ON OTHER ASPECTS OF THE
WELL-BEING OF ITS POPULATION (OR OF SUCH GROUPINGS),
"(C) ENVIRONMENTAL, SOCIAL, AND OTHER HEALTH HAZARDS,
"(D) DETERMINANTS OF HEALTH,
"(E) HEALTH RESOURCES, INCLUDING PHYSICIANS, DENTISTS, NURSES,
AND OTHER HEALTH PROFESSIONALS BY SPECIALTY AND TYPE OF PRACTICE
AND THE SUPPLY OF SERVICES BY HOSPITALS, EXTENDED CARE FACILITIES,
HOME HALTH AGENCIES, AND OTHER HEALTH INSTI- TUTIONS,
"(F) UTILIZATION OF HEALTH CARE, INCLUDING UTILIZATION OF (I)
AMBULATORY HEALTH SERVICES BY SPECIALTIES AND TYPES OF PRACTICE OF
THE HEALTH PROFESSIONALS PROVIDING SUCH SERVICES, AND (II)
SERVICES OF HOSPITALS, EXTENDED CARE FACILITIES, HOME HEALTH
AGENCIES, AND OTHER INSTITUTIONS,
"(G) HEALTH CARE COSTS AND FINANCING, INCLUDING THE TRENDS IN
HEALTH CARE PRICES AND COST, THE SOURCES OF PAYMENTS FOR HEALTH
CARE SERVICES, AND FEDERAL, STATE, AND LOCAL GOVERNMENTAL
EXPENDITURES FOR HEALTH CARE SERVICES, AND
"(H) FAMILY FORMATION, GROWTH, AND DISSOLUTION; AND
"(2) UNDERTAKE AND SUPPORT (BY GRANT OR CONTRACT) RESEARCH,
DEMONSTRATIONS, AND EVALUATIONS RESPECTING NEW OR IMPROVED METHODS
FOR OBTAINING CURRENT DATA ON THE MATTERS REFERRED TO IN PARAGRAPH
(1).
"(C) THE CENTER SHALL FURNISH SUCH SPECIAL STATISTICAL COMPILATIONS
AND SURVEYS AS THE COMMITTEE ON LABOR AND PUBLIC WELFARE AND THE
COMMITTEE ON APPROPRIATIONS OF THE SENATE AND THE COMMITTEE ON
INTERSTATE AND FOREIGN COMMERCE AND THE COMMITTEE ON APPROPRIATIONS OF
THE HOUSE OF REPRESENTATIVES MAY REQUEST. SUCH STATISTICAL COMPILATIONS
AND SURVEYS SHALL NOT BE MADE SUBJECT TO THE PAYMENT OF THE ACTUAL OR
ESTIMATED COST OF THE PREPARATION OF SUCH COMPILATIONS AND SURVEYS.
"(D) TO INSURE COMPARABILITY AND RELIABILITY OF HEALTH STATISTICS,
THE SECRETARY SHALL, THROUGH THE CENTER, PROVIDE ADEQUATE TECHNICAL
ASSISTANCE TO ASSIST STATE AND LOCAL JURISDICTIONS IN THE DEVELOPMENT OF
MODEL LAWS DEALING WITH ISSUES OF CONFIDENTIALITY AND COMPARABILITY OF
DATA.
"(E) THE SECRETARY SHALL (1) ASSIST STATE AND LOCAL HEALTH AGENCIES,
AND FEDERAL AGENCIES INVOLVED IN MATTERS RELATING TO HEALTH, IN THE
DESIGN AND IMPLEMENTATION OF A COOPERATIVE SYSTEM FOR PRODUCING
COMPARABLE AND UNIFORM HEALTH INFORMATION AND STASTICS AT THE FEDERAL,
STATE, AND LOCAL LEVELS; (2) COORDINATE THE ACTIVITIES OF SUCH FEDERAL
AGENCIES RESPECTING THE DESIGN AND IMPLEMENTATION OF SUCH COOPERATIVE
SYSTEM; (3) UNDERTAKE AND SUPPORT (BY GRANT OR CONTRACT) RESEARCH,
DEVELOPMENT, DEMONSTRATIONS, AND EVALUATIONS RESPECTING SUCH COOPERATIVE
SYSTEM; (4) PROVIDE THE FEDERAL SHARE OF THE DATA COLLECTION COSTS
UNDER SUCH SYSTEM; AND (5) REVIEW STATISTICAL ACTIVITIES OF THE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE TO ASSURE THAT THEY ARE
CONSISTENT WITH SUCH COOPERATIVE SYSTEM.
"(F) TO ASSIST IN CARRYING OUT THIS SECTION, THE SECRETARY SHALL
COOPERATE AND CONSULT WITH THE DEPARTMENTS OF COMMERCE AND LABOR AND ANY
OTHER INTERESTED FEDERAL DEPARTMENTS OR AGENCIES AND WITH STATE AND
LOCAL HEALTH DEPARTMENTS AND AGENCIES. FOR SUCH PURPOSE HE SHALL
UTILIZE INSOFAR AS POSSIBLE THE SERVICES OR FACILITIES OF ANY AGENCY OF
THE FEDERAL GOVERNMENT AND, WITHOUT REGARD TO SECTION 3709 OF THE
REVISED STATUTES (41 U.S.C. 5), OF ANY APPROPRIATE STATE OR OTHER PUBLIC
AGENCY, AND MAY, WITHOUT REGARD TO SUCH SECTION, UTILIZE THE SERVICES OR
FACILITIES OF ANY PRIVATE AGENCY, ORGANIZATION, GROUP, OR INDIVIDUAL, IN
ACCORDANCE WITH WRITTEN AGREEMENTS BETWEEN THE HEAD OF SUCH AGENCY,
ORGANIZATION, OR GROUP AND THE SECRETARY OR BETWEEN SUCH INDIVIDUAL AND
THE SECRETARY. PAYMENT, IF ANY, FOR SUCH SERVICES OR FACILITIES SHALL
BE MADE IN SUCH AMOUNTS AS MAY BE PROVIDED IN SUCH AGREEMENT.
"(G) TO SECURE UNIFORMITY IN THE REGISTRATION AND COLLECTION OF
MORTALITY, MORBIDITY, AND OTHER HEALTH DATA, THE SECRETARY SHALL PREPARE
AND DISTRIBUTE SUITABLE AND NECESSARY FORMS FOR THE COLLECTION AND
COMPILATION OF SUCH DATA WHICH SHALL BE PUBLISHED AS A PART OF THE
HEALTH REPORTS PUBLISHED BY THE SECRETARY.
"(H) THERE SHALL BE AN ANNUAL COLLECTION OF DATA FROM THE RECORDS OF
BIRTHS, DEATHS, MARRIAGES, AND DIVORCES IN REGISTRATION AREAS. THE DATA
SHALL BE OBTAINED ONLY FROM AND RESTRICTED TO SUCH RECORDS OF THE STATES
AND MUNICIPALITIES WHICH THE SECRETARY, IN HIS DISCRETION, DETERMINES
POSSESS RECORDS AFFORDING SATISFACTORY DATA IN NECESSARY DETAIL AND
FORM. EACH STATE OR REGISTRATION AREA SHALL BE PAID BY THE SECRETARY
THE FEDERAL SHARE OF ITS REASONABLE COSTS (AS DETERMINED BY THE
SECRETARY) FOR COLLECTING AND TRANSCRIBING (AT THE REQUEST OF THE
SECRETARY AND BY WHATEVER METHOD AUTHORIZED BY HIM) ITS RECORDS FOR SUCH
DATA.
"(I)(1) THERE IS ESTABLISHED IN THE OFFICE OF THE SECRETARY A
COMMITTEE TO BE KNOWN AS THE UNITED STATES NATIONAL COMMITTEE ON VITAL
AND HEALTH STATISTICS (HEREINAFTER IN THIS SUBSECTION REFERRED TO AS THE
'COMMITTEE') WHICH SHALL CONSIST OF FIFTEEN MEMBERS.
"(2)(A) THE MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE
SECRETARY FROM AMONG PERSONS WHO HAVE DISTINGUISHED THEMSELVES IN THE
FIELDS OF HEALTH STATISTICS, EPIDEMIOLOGY, AND THE PROVISION OF HEALTH
SERVICES. EXCEPT AS PROVIDED IN SUBPARAGRAPH (B), MEMBERS OF THE
COMMITTEE SHALL BE APPOINTED FOR TERMS OF THREE YEARS.
"(B) OF THE MEMBERS FIRST APPOINTED--,
"(I) FIVE SHALL BE APPOINTED FOR TERMS OF ONE YEAR,
"(II) FIVE SHALL BE APPOINTED FOR TERMS OF TWO YEARS, AND
"(III) FIVE SHALL BE APPOINTED FOR TERMS OF THREE YEARS,
AS DESIGNATED BY THE SECRETARY AT THE TIME OF APPOINTMENT. ANY MEMBER
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE
TERM FOR WHICH HIS PREDECESSOR WAS APPOINTED SHALL BE APPOINTED ONLY FOR
THE REMAINDER OF SUCH TERM. A MEMBER MAY SERVE AFTER THE EXPIRATION OF
HIS TERM UNTIL HIS SUCCESSOR HAS TAKEN OFFICE.
"(3) MEMBERS OF THE COMMITTEE SHALL BE COMPENSATED IN ACCORDANCE WITH
SECTION 208(C). //POST, P. 369.//
"(4) IT SHALL BE THE FUNCTION OF THE COMMITTEE TO ASSIST AND ADVISE
THE SECRETARY--,
"(A) TO DELINEATE STATISTICAL PROBLEMS BEARING ON HEALTH AND
HEALTH SERVICES WHICH ARE OF NATIONAL OR INTERNATIONAL INTEREST;
"(B) TO STIMULATE STUDIES OF SUCH PROBLEMS BY OTHER
ORGANIZATIONS AND AGENCIES WHENEVER POSSIBLE OR TO MAKE
INVESTIGATIONS OF SUCH PROBLEMS THROUGH SUBCOMMITTEES;
"(C) TO DETERMINE, APPROVE, AND REVISE THE TERMS, DEFINITIONS,
CLASSIFICATIONS, AND GUIDELINES FOR ASSESSING HEALTH STATUS AND
HEALTH SERVICES, THEIR DISTRIBUTION AND COSTS, FOR USE (I) WITHIN
THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, (II) BY ALL
PROGRAMS ADMINISTERED OR FUNDED BY THE SECRETARY, INCLUDING THE
FEDERAL-STATE-LOCAL COOPERATIVE HEALTH STATISTICS SYSTEM REFERRED
TO IN SUBSECTION (E), AND (III) TO THE EXTENT POSSIBLE AS
DETERMINED BY THE HEAD OF THE AGENCY INVOLVED, BY THE VETERANS'
ADMINISTRATION, THE DEPARTMENT OF DEFENSE, AND OTHER FEDERAL
AGENCIES CONCERNED WITH HEALTH AND HEALTH SERVICES;
"(D) WITH RESPECT TO THE DESIGN OF AND APPROVAL OF HEALTH
STATISTICAL AND HEALTH INFORMATION SYSTEMS CONCERNED WITH THE
COLLECTION, PROCESSING, AND TABULATION OF HEALTH STATISTICS WITHIN
THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE;
"(E) TO REVIEW AND COMMENT ON FINDINGS AND PROPOSALS DEVELOPED
BY OTHER ORGANIZATIONS AND AGENCIES AND TO MAKE RECOMMENDATIONS
FOR THEIR ADOPTION OR IMPLEMENTATION BY LOCAL, STATE, NATIONAL, OR
INTERNATIONAL AGENCIES;
"(F) TO COOPERATE WITH NATIONAL COMMITTEES OF OTHER COUNTRIES
AND WITH THE WORLD HEALTH ORGANIZATION AND OTHER NATIONAL AGENCIES
IN THE STUDIES OF PROBLEMS OF MUTUAL INTEREST; AND
"(G) TO ISSUE AN ANNUAL REPORT ON THE STATE OF THE NATION'S
HEALTH, ITS HEALTH SERVICES, THEIR COSTS AND DISTRIBUTIONS, AND TO
MAKE PROPOSALS FOR IMPROVEMENT OF THE NATION'S HEALTH STATISTICS
AND HEALTH INFORMATION SYSTEMS.
"(5) IN CARRYING OUT HEALTH STATISTICAL ACTIVITIES UNDER THIS PART,
THE SECRETARY SHALL CONSULT WITH, AND SEEK THE ADVICE OF, THE COMMITTEE
AND OTHER APPROPRIATE PROFESSIONAL ADVISORY GROUPS."
SEC. 106. SECTION 308 IS REDESIGNATED AS SECTION 307 AND IS AMENDED
TO READ AS FOLLOWS: //74 STAT. 364, 42 USC 242F.//
"SEC. 307. (A) FOR THE PURPOSE OF ADVANCING THE STATUS OF THE HEALTH
SCIENCES IN THE UNITED STATES (AND THEREBY THE HEALTH OF THE AMERICAN
PEOPLE), THE SECRETARY MAY PARTICIPATE WITH OTHER COUNTRIES IN
COOPERATIVE ENDEAVORS IN BIOMEDICAL RESEARCH AND THE HEALTH SERVICES
RESEARCH AND STATISTICAL ACTIVITIES AUTHORIZED BY SECTIONS 304, 305, AND
306. //ANTE, PP. 362, 363, 365.//
"(B) IN CONNECTION WITH THE COOPERATIVE ENDEAVORS AUTHORIZED BY
SUBSECTION (A), THE SECRETARY MAY--,
"(1) MAKE SUCH USE OF RESOURCES OFFERED BY PARTICIPATING
FOREIGN COUNTRIES AS HE MAY FIND NECESSARY AND APPROPRIATE;
"(2) ESTABLISH AND MAINTAIN FELLOWSHIPS IN THE UNITED STATES
AND IN PARTICIPATING FOREIGN COUNTRIES;
"(3) MAKE GRANTS TO PUBLIC INSTITUTIONS OR AGENCIES AND TO
NONPROFIT PRIVATE INSTITUTIONS OR AGENCIES IN THE UNITED STATES
AND IN PARTICIPATING FOREIGN COUNTRIES FOR THE PURPOSE OF
ESTABLISHING AND MAINTAINING THE FELLOWSHIPS AUTHORIZED BY
PARAGRAPH (2);
"(4) MAKE GRANTS OR LOANS OF EQUIPMENT AND MATERIALS, FOR USE
BY PUBLIC OR NONPROFIT PRIVATE INSTITUTIONS OR AGENCIES, OR BY
INDIVIDUALS, IN PARTICIPATING FOREIGN COUNTRIES;
"(5) PARTICIPATE AND OTHERWISE COOPERATE IN ANY INTERNATIONAL
MEETINGS, CONFERENCES, OR OTHER ACTIVITIES CONCERNED WITH
BIOMEDICAL RESEARCH, HEALTH SERVICES RESEARCH, OR HEALTH
STATISTICS;
"(6) FACILITATE THE INTERCHANGE BETWEEN THE UNITED STATES AND
PARTICIPATING FOREIGN COUNTRIES, AND AMONG PARTICIPATING FOREIGN
COUNTRIES, OF RESEARCH SCIENTISTS AND EXPERTS WHO ARE ENGAGED IN
EXPERIMENTS AND PROGRAMS OF BIOMEDICAL RESEARCH, HEALTH SERVICES
RESEARCH, AND HEALTH STATISTICAL ACTIVITIES, AND IN CARRYING OUT
SUCH PURPOSE MAY PAY PER DIEM COMPENSATION, SUBSISTENCE, AND
TRAVEL FOR SUCH SCIENTISTS AND EXPERTS WHEN AWAY FROM THEIR PLACES
OF RESIDENCE AT RATES NOT TO EXCEED THOSE PROVIDED IN SECTION 5703
(B) OF TITLE 5, UNITED STATES CODE, //80 STAT. 499; 83 STAT.
190.// FOR PERSONS IN THE GOVERNMENT SERVICE EMPLOYED
INTERMITTENTLY; AND
"(7) PROCURE, IN ACCORDANCE WITH SECTION 3109 OF TITLE 5,
UNITED STATES CODE, //80 STAT. 416.// THE TEMPORARY OR
INTERMITTENT SERVICES OF EXPERTS OR CONSULTANTS.
THE SECRETARY MAY NOT, IN THE EXERCISE OF HIS AUTHORITY UNDER THIS
SECTION, PROVIDE FINANCIAL ASSISTANCE FOR THE CONSTRUCTION OF ANY
FACILITY IN ANY FOREIGN COUNTRY.".
SEC. 107. (A) PART A OF TITLE III //42 USC 241.// IS AMENDED BY
INSERTING AFTER SECTION 307 //ANTE, P. 367.// (AS SO REDESIGNATED) THE
FOLLOWING NEW SECTIONS:
"SEC. 308. (A)(1) NOT LATER THAN SEPTEMBER 1 OF EACH YEAR, THE
SECRETARY SHALL MAKE A REPORT TO CONGRESS RESPECTING (A) THE
ADMINISTRATION OF SECTIONS 304 THROUGH 307 DURING THE PRECEDING FISCAL
YEAR, AND (B) THE CURRENT STATE AND PROGRESS OF HEALTH SERVICES RESEARCH
AND HEALTH STATISTICS. //ANTE, P. 362.//
"(2) THE SECRETARY, ACTING THROUGH THE NATIONAL CENTER FOR HEALTH
SERVICES RESEARCH AND THE NATIONAL CENTER FOR HEALTH STATISTICS, SHALL
ASSEMBEL AND SUBMIT TO THE PRESIDENT AND THE CONGRESS NOT LATER THAN
SEPTEMBER 1 OF EACH YEAR THE FOLLOWING REPORTS:
"(A) A REPORT ON HEALTH CARE COSTS AND FINANCING. SUCH REPORT
SHALL INCLUDE A DESCRIPTION AND ANALYSIS OF THE STATISTICS
COLLECTED UNDER SECTION 306(B)(1)(G). //ANTE, P. 365.//
"(B) A REPORT ON HEALTH RESOURCES. SUCH REPORT SHALL INCLUDE A
DESCRIPTION AND ANALYSIS, BY GEOGRAPHIC AREA, OF THE STATISTICS
COLLECTED UNDER SECTION 306(B)(1)(E).
"(C) A REPORT ON THE UTILIZATION OF HEALTH RESOURCES. SUCH
REPORT SHALL INCLUDE A DESCRIPTION AND ANALYSIS, BY AGE, SEX,
INCOME, AND GEOGRAPHIC AREA, OF THE STATISTICS COLLECTED UNDER
SECTION 306(B)(1)(F).
"(D) A REPORT ON THE HEALTH OF THE NATIONHS PEOPLE. SUCH
REPORT SHALL INCLUDE A DESCRIPTION AND ANALYSIS, BY AGE, SEX,
INCOME, AND GEOGRAPHIC AREA, OF THE STATISTICS COLLECTED UNDER
SECTION 306 (B)(1)(A).
"(3) THE OFFICE OF MANAGEMENT AND BUDGET MAY REVIEW ANY REPORT
REQUIRED BY PARAGRAPH (1) OR (2) OF THIS SUBSECTION BEFORE ITS
SUBMISSION TO CONGRESS, BUT THE OFFICE MAY NOT REVISE ANY SUCH REPORT OR
DELAY ITS SUBMISSION BEYOND THE DATE PRESCRIBED FOR ITS SUBMISSION, AND
MAY SUBMIT TO CONGRESS ITS COMMENTS RESPECTING ANY SUCH REPORT.
"(B)(1) NO GRANT OR CONTRACT MAY BE MADE UNDER SECTION 304, 305, 306,
OR 307 UNLESS AN APPLICATION THEREFOR HAS BEEN SUBMITTED TO THE
SECRETARY IN SUCH FORM AND MANNER, AND CONTAINING SUCH INFORMATION, AS
THE SECRETARY MAY BY REGULATION PRESCRIBE.
"(2) EACH APPLICATION SUBMITTED FOR A GRANT OR CONTRACT UNDER SECTION
304 OR 305, //ANTE, PP. 362, 363.// IN AN AMOUNT EXCEEDING $35,000 OF
DIRECT COSTS AND FOR A HEALTH SERVICES RESEARCH, EVALUATION, OR
DEMONSTRATION PROJECT, SHALL BE SUBMITTED BY THE SECRETARY FOR REVIEW
FOR SCIENTIFIC MERIT TO A PANEL OF EXPERTS APPOINTED BY HIM FROM PERSONS
WHO ARE NOT OFFICERS OR EMPLOYEES OF THE UNITED STATES AND WHO POSSESS
QUALIFICATIONS RELEVANT TO THE PROJECT FOR WHICH THE APPLICATION WAS
MADE. A PANEL TO WHICH AN APPLICATION IS SUBMITTED UNDER THIS PARAGRAPH
SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS RESPECTING THE APPLICATION
TO THE SECRETARY IN SUCH FORM AND MANNER AS THE SECRETARY SHALL BY
REGULATION PRESCRIBE.
"(3) IF AN APPLICATION IS SUBMITTED UNDER SECTION 304, 305, OR 306
FOR A GRANT OR CONTRACT FOR A PROJECT FOR WHICH A GRANT OR CONTRACT MAY
BE MADE OR ENTERED INTO UNDER ANOTHER PROVISION OF THIS ACT, SUCH
APPLICATION MAY NOT BE APPROVED UNDER SECTION 304, 305, OR 306 AND FUNDS
APPROPRIATED UNDER THIS SECTION MAY NOT BE OBLIGATED FOR SUCH GRANT OR
CONTRACT. THE APPLICANT WHO SUBMITTED SUCH APPLICATION SHALL BE
NOTIFIED OF THE OTHER PROVISION (OR PROVISIONS) OF THIS ACT UNDER WHICH
SUCH APPLICATION MAY BE SUBMITTED.
"(C) THE AGGREGATE NUMBER OF GRANTS AND CONTRACTS MADE OR ENTERED
INTO UNDER SECTIONS 304 AND 305 FOR ANY FISCAL YEAR RESPECTING A
PARTICULAR MEANS OF DELIVERY OF HEALTH SERVICES OR ANOTHER PARTICULAR
ASPECT OF HEALTH SERVICES MAY NOT EXCEED TWENTY; AND THE AGGREGATE
AMOUNT OF FUNDS OBLIGATED UNDER GRANTS AND CONTRACTS UNDER SUCH SECTIONS
FOR ANY FISCAL YEAR RESPECTING A PARTICULAR MEANS OF DELIVERY OF HEALTH
SERVICES OR ANOTHER PARTICULAR ASPECT OF HEALTH SERVICES MAY NOT EXCEED
$5,000,000.
"(D) NO INFORMATION OBTAINED IN THE COURSE OF ACTIVITIES UNDERTAKEN
OR SUPPORTED UNDER SECTION 304, 305, 306, OR 307 MAY BE USED FOR ANY
PURPOSE OTHER THAN THE PURPOSE FOR WHICH IT WAS SUPPLIED UNLESS
AUTHORIZED UNDER REGULATIONS OF THE SECRETARY; AND (1) IN THE CASE OF
INFORMATION OBTAINED IN THE COURSE OF HEALTH STATISTICAL ACTIVITIES
UNDER SECTION 304 OR 306, SUCH INFORMATION MAY NOT BE PUBLISHED OR
RELEASED IN OTHER FORM IF THE PARTICULAR ESTABLISHMENT OR PERSON
SUPPLYING THE INFORMATION OR DESCRIBED IN IT IS IDENTIFIABLE UNLESS SUCH
ESTABLISHMENT OR PERSON HAS CONSENTED (AS DETERMINED UNDER REGULATIONS
OF THE SECRETARY) TO ITS PUBLICATION OR RELEASE IN OTHER FORM, AND (2)
IN THE CASE OF INFORMATION OBTAINED IN THE COURSE OF HEALTH SERVICES
RESEARCH, EVALUATIONS, OR DEMONSTRATIONS UNDER SECTION 304 OR 305, SUCH
INFORMATION MAY NOT BE PUBLISHED OR RELEASED IN OTHER FORM IF THE PERSON
WHO SUPPLIED THE INFORMATION OR WHO IS DESCRIBED IN IT IS IDENTIFIABLE
UNLESS SUCH PERSON HAS CONSENTED (AS DETERMINED UNDER REGULATIONS OF THE
SECRETARY) TO ITS PUBLICATION OR RELEASE IN OTHER FORM.
"(E)(1) PAYMENTS OF ANY GRANT OR UNDER ANY CONTRACT UNDER SECTION
304, 305, 306, OR 307 MAY BE MADE IN ADVANCE OR BY WAY OF REIMBURSEMENT,
AND IN SUCH INSTALLMENTS AND ON SUCH CONDITIONS, AS THE SECRETARY DEEMS
NECESSARY TO CARRY OUT THE PURPOSES OF SUCH SECTION.
"(2) THE AMOUNTS OTHERWISE PAYABLE TO ANY PERSON UNDER A GRANT OR
CONTRACT MADE UNDER SECTION 304, 305, 306, OR 307 SHALL BE REDUCED BY--,
"(A) AMOUNTS EQUAL TO THE FAIR MARKET VALUE OF ANY EQUIPMENT OR
SUPPLIES FURNISHED TO SUCH PERSON BY THE SECRETARY FOR THE PURPOSE
OF CARRYING OUT THE PROJECT WITH RESPECT TO WHICH SUCH GRANT OR
CONTRACT IS MADE, AND
"(B) AMOUNTS EQUAL TO THE PAY, ALLOWANCES, TRAVELING EXPENSES,
AND RELATED PERSONNEL EXPENSES ATTRIBUTABLE TO THE PERFORMANCE OF
SERVICES BY AN OFFICER OR EMPLOYEE OF THE GOVERNMENT IN CONNECTION
WITH SUCH PROJECT, IF SUCH OFFICER OR EMPLOYEE WAS ASSIGNED OR
DETAILED BY THE SECRETARY TO PERFORM SUCH SERVICES,
BUT ONLY IF SUCH PERSON REQUESTED THE SECRETARY TO FURNISH SUCH
EQUIPMENT OR SUPPLIES, OR SUCH SERVICES, AS THE CASE MAY BE.
"(F) CONTRACTS MAY BE ENTERED INTO UNDER SECTION 304, 305, OR 306
//ANTE, PP. 362, 363, 365.// WITHOUT REGARD TO SECTIONS 3648 AND 3709 OF
THE REVISED STATUTES (31 U.S.C. 529; 41 U.S.C. 5).
"(G)(1) THE SECRETARY SHALL--,
"(A) PUBLISH, MAKE AVAILABLE AND DISSEMINATE, PROMPTLY IN
UNDERSTANDABLE FORM AND ON AS BROAD A BASIS AS PRACTICABLE, THE
RESULTS OF HEALTH SERVICES RESEARCH, DEMONSTRATIONS, AND
EVALUATIONS UNDERTAKEN AND SUPPORTED UNDER SECTIONS 304 AND 305;
"(B) MAKE AVAILABLE TO THE PUBLIC DATA DEVELOPED IN SUCH
RESEARCH, DEMONSTRATIONS, AND EVALUATIONS; AND
"(C) PROVIDE INDEXING, ABSTRACTING, TRANSLATING, PUBLISHING,
AND OTHER SERVICES LEADING TO A MORE EFFECTIVE AND TIMELY
DISSEMINATION OF INFORMATION ON HEALTH SERVICES RESEARCH,
DEMONSTRATIONS, AND EVALUATIONS IN HEALTH CARE DELIVERY TO PUBLIC
AND PRIVATE ENTITIES AND INDIVIDUALS ENGAGED IN THE IMPROVEMENT OF
HEALTH CARE DELIVERY AND THE GENERAL PUBLIC; AND UNDERTAKE
PROGRAMS TO DEVELOP NEW OR IMPROVED METHODS FOR MAKING SUCH
INFORMATION AVAILABLE.
EXCEPT AS PROVIDED IN SUBSECTION (D), THE SECRETARY MAY NOT RESTRICT THE
PUBLICATION AND DISSEMINATION OF DATA FROM, AND RESULTS OF PROJECTS
UNDERTAKEN BY, CENTERS SUPPORTED UNDER SECTION 305(D).
"(2) THE SECRETARY SHALL (A) TAKE SUCH ACTION AS MAY BE NECESSARY TO
ASSURE THAT STATISTICS DEVELOPED UNDER SECTIONS 304, 305, AND 306 ARE OF
HIGH QUALITY, TIMELY, COMPREHENSIVE AS WELL AS SPECIFIC, STANDARDIZED,
AND ADEQUATELY ANALYZED AND INDEXED, AND (B) PUBLISH, MAKE AVAILABLE,
AND DISSEMINATE SUCH STATISTICS ON AS WIDE A BASIS AS IS PRACTICABLE.
"(H)(1) EXCEPT WHERE THE SECRETARY DETERMINES THAT UNUSUAL
CIRCUMSTANCES MAKE A LARGER PERCENTAGE NECESSARY IN ORDER TO EFFECTUATE
THE PURPOSES OF SECTION 304, 305, OR 306, A GRANT OR CONTRACT UNDER
SECTION 304, 305, OR 306 WITH RESPECT TO ANY PROJECT FOR CONSTRUCTION OF
A FACILITY OR FOR ACQUISITION OF EQUIPMENT MAY NOT PROVIDE FOR PAYMENT
OF MORE THAN 50 PER CENTUM OF SO MUCH OF THE COST OF THE FACILITY OR
EQUIPMENT AS THE SECRETARY DETERMINES IS REASONABLY ATTRIBUTABLE TO
RESEARCH, EVALUATION, OR DEMONSTRATION PURPOSES.
"(2) LABORERS AND MECHANICS EMPLOYED BY CONTRACTORS AND
SUBCONTRACTORS IN THE CONSTRUCTION OF SUCH A FACILITY SHALL 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. 267A - 267A - 5, KNOWN AS THE
DAVIS-BACON ACT); //46 STAT. 1494; 49 STAT. 1011, 40 USC 276A NOTE.//
AND THE SECRETARY OF LABOR SHALL HAVE WITH RESPECT TO ANY LABOR
STANDARDS SPECIFIED IN THIS PARAGRAPH THE AUTHORITY AND FUNCTIONS SET
FORTH IN REORGANIZATION PLAN NUMBERED 14 OF 1950 (5 U.S.C. APPENDIX)
//64 STAT. 1267.// AND SECTION 2 OF THE ACT OF JUNE 13, 1934 (40 U.S.C.
276C). //48 STAT. 948; 72 STAT. 967.//
"(3) SUCH GRANTS AND CONTRACTS SHALL BE SUBJECT TO SUCH ADDITIONAL
REQUIREMENTS AS THE SECRETARY MAY BY REGULATION PRESCRIBE.
"(I)(1) FOR HEALTH SERVICE RESEARCH, EVALUATION, AND DEMONSTRATION
ACTIVITIES UNDERTAKEN OR SUPPORTED UNDER SECTION 304 OR 305, THERE ARE
AUTHORIZED TO BE APPROPRIATED $65,200,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1975, AND $80,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976.
OF THE FUNDS APPROPRIATED UNDER THIS PARAGRAPH FOR ANY FISCAL YEAR, NOT
LESS THAN 25 PER CENTUM OF SUCH FUNDS SHALL BE MADE AVAILABLE ONLY FOR
HEALTH SERVICES RESEARCH, EVALUATION, AND DEMONSTRATION ACTIVITIES
DIRECTLY UNDERTAKEN BY THE SECRETARY UNDER SUCH SECTION.
"(2) FOR HEALTH STATISTICAL ACTIVITIES UNDERTAKEN OR SUPPORTED UNDER
SECTION 304 OR 306, THERE ARE AUTHORIZED TO BE APPROPRIATED $30,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND $30,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976.
"SEC. 309. A CONFERENCE OF THE HEALTH AUTHORITIES IN AND AMONG THE
SEVERAL STATES SHALL BE CALLED ANNUALLY BY THE SECRETARY. WHENEVER IN
HIS OPINION THE INTERESTS OF THE PUBLIC HEALTH WOULD BE PROMOTED BY A
CONFERENCE, THE SECRETARY MAY INVITE AS MANY OF SUCH HEALTH AUTHORITIES
AND OFFICIALS OF OTHER STATE OR LOCAL PUBLIC OR PRIVATE AGENCIES,
INSTITUTIONS, OR ORGANIZATIONS TO CONFER AS HE DEEMS NECESSARY OR
PROPER. UPON THE APPLICATION OF HEALTH AUTHORITIES OF FIVE OR MORE
STATES IT SHALL BE THE DUTY OF THE SECRETARY TO CALL A CONFERENCE OF ALL
STATE HEALTH AUTHORITIES JOINING IN THE REQUEST. EACH STATE REPRESENTED
AT ANY CONFERENCE SHALL BE ENTITLED TO A SINGLE VOTE. WHENEVER AT ANY
SUCH CONFERENCE MATTERS RELATING TO MENTAL HEALTH ARE TO BE DISCUSSED,
THE MENTAL HEALTH AUTHORITIES OF THE RESPECTIVE STATES SHALL BE INVITED
TO ATTEND.
"SEC. 310. FROM TIME TO TIME THE SECRETARY SHALL ISSUE INFORMATION
RELATED TO PUBLIC HEALTH, IN THE FORM OF PUBLICATIONS OR OTHERWISE, FOR
THE USE OF THE PUBLIC, AND SHALL PUBLISH WEEKLY REPORTS OF HEALTH
CONDITIONS IN THE UNITED STATES AND OTHER COUNTRIES AND OTHER PERTINENT
HEALTH INFORMATION FOR THE USE OF PERSONS AND INSTITUTIONS CONCERNED
WITH HEALTH SERVICES."
(B) THE AUTHORIZATIONS OF APPROPRIATIONS PROVIDED BY SECTION 308(I)
OF THE PUBLIC HEALTH SERVICE ACT //42 USC 242M NOTE.// IS EXTENDED FOR
THE FISCAL YEAR ENDING JUNE 30, 1977, IN THE AMOUNTS AUTHORIZED FOR THE
PRECEDING FISCAL YEAR UNLESS BEFORE JUNE 30, 1976, CONGRESS HAS PASSED
LEGISLATION REPEALING THIS SUBSECTION. //ANTE, P. 368.//
SEC. 108, //42 USC 253B.// (A) SUBJECT TO REGULATIONS OF THE
PRESIDENT, LIGHTKEEPERS, ASSISTANT LIGHTKEEPERS, AND OFFICERS AND CREWS
OF VESSELS OF THE FORMER LIGHTHOUSE SERVICE, INCLUDING ANY SUCH PERSONS
WHO SUBSEQUENT TO JUNE 30, 1939, WERE INVOLUNTARILY ASSIGNED TO OTHER
CIVILIAN DUTY IN THE COAST GUARD, WHO WERE ENTITLED TO MEDICAL RELIEF AT
HOSPITALS AND OTHER STATIONS OF THE PUBLIC HEALTH SERVICE PRIOR TO JULY
1, 1944, AND WHO RETIRED UNDER THE PROVISIONS OF SECTION 6 OF THE ACT OF
JUNE 20, 1918 (40 U.S.C. 763), //41 STAT. 608; 86 STAT. 761, 33 USC
763.// SHALL BE ENTITLED TO MEDICAL, SURGICAL, AND DENTAL TREATMENT AND
HOSPITALIZATION AT HOSPITALS AND OTHER STATIONS OF THE PUBLIC HEALTH
SERVICE.
(B) SUBSECTION (A) SHALL BE EFFECTIVE FROM DECEMBER 28, 1973.
SEC. 201. (A) EFFECTIVE JULY 1, 1974, SECTION 390 //79 STAT. 1059,
42 USC 280B.// IS AMENDED BY ADDING AFTER SUBSECTION (B) THE FOLLOWING
NEW SUBSECTION:
"(C) FOR THE PURPOSE OF GRANTS AND CONTRACTS UNDER SECTIONS 393, 394,
395, 396, AND 397, //42 USC 280B - 3 TO 280B - 8.// THERE ARE AUTHORIZED
TO BE APPROPRIATED $17,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975,
AND $20,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976."
(B) THE SECTION HEADING FOR SUCH SECTION IS AMENDED TO READ AS
FOLLOWS:
(C) THE AUTHORIZATION OF APPROPRIATIONS PROVIDED BY SECTION 390(C) OF
THE PUBLIC HEALTH SERVICE ACT //42 USC 280B NOTE.// IS EXTENDED FOR THE
FISCAL YEAR ENDING JUNE 30, 1977, IN THE AMOUNT AUTHORIZED FOR THE
PRECEDING FISCAL YEAR UNLESS BEFORE JUNE 30, 1976, CONGRESS HAS PASSED
LEGISLATION REPEALING THIS SUBSECTION.
SEC. 202. (A) SUBSECTION (B) OF SECTION 390 //79 STAT. 1059; 84
STAT. 64, 65.// IS AMENDED BY STRIKING OUT PARAGRAPH (1) AND BY
REDESIGNATING PARAGRAPHS (2) THROUGH (7) AS PARAGRAPHS (1) THROUGH (6),
RESECTIVELY.
(B) SECTION 391 IS AMENDED-- //42 USC 280B, 42 USC 280B - 1.//
(1) BY INSERTING "AND" AT THE END OF PARAGRAPH (2),
(2) BY STRIKING OUT PARAGRAPH (3), AND
(3) BY REDESIGNATING CLAUSE (4) AS PARAGRAPH (3).
(C) SECTION 392(B) //42 USC 280B - 2.// IS AMENDED TO READ AS
FOLLOWS:
"(B) THE BOARD SHALL ADVISE AND ASSIST THE SECRETARY IN THE
PREPARATION OF GENERAL REGULATIONS AND WITH RESPECT TO POLICY MATTERS
ARISING IN THE ADMINISTRATION OF THIS PART."
(D) SECTION 393 IS REPEALED. //42 USC 280B - 3.//
(E) SECTION 397(B) IS AMENDED-- //42 USC 280B - 8.//
(1) BY INSERTING "AND" AT THE END OF PARAGRAPH (4),
(2) BY STRIKING OUT "; AND" AT THE END OF PARAGRAPH (5) AND
INSERTING IN LIEU THEREOF A PERIOD, AND
(3) BY STRIKING OUT PARAGRAPH (6).
(F) THE FIRST SENTENCE OF SECTION 397(D) IS REPEALED. //42 USC 280B
- 4.//
SEC. 203. (A) THE FIRST SENTENCE OF SECTION 394(A) IS REPEALED; AND
THE SECOND SENTENCE OF SUCH SECTION IS AMENDED BY STRIKING OUT "SUMS
MADE AVAILABLE UNDER THIS SECTION SHALL BE UTILIZED BY THE SECRETARY IN
MAKING" AND INSERTING IN LIEU THEREOF "TO CARRY OUT THE PURPOSES OF
SECTION 390(B)(1), THE SECRETARY SHALL MAKE".
(B)(1) THE FIRST AND SECOND SENTENCES OF SECTION 395(A) //87 STAT.
92, 42 USC 280B - 5.// ARE REPEALED; AND THE THIRD SENTENCE OF SUCH
SECTION IS AMENDED BY STRIKING OUT "SUMS MADE AVAILABLE UNDER THIS
SUBSECTION SHALL BE UTILIZED BY THE SECRETARY TO" AND INSERTING IN LIEU
THEREOF "TO CARRY OUT THE PURPOSES OF SECTION 390(B)(2), THE SECRETARY
SHALL".
(2) THE FIRST AND SECOND SENTENCES OF SECTION 395(B) ARE REPEALED;
AND THE THIRD SENTENCE OF SUCH SECTION IS AMENDED (A) BY STRIKING OUT
"SUMS MADE AVAILABLE UNDER THIS SUBSECTION SHALL BE UTILIZED BY THE
SECRETARY IN MAKING" AND INSERTING IN LIEU THEREOF "TO CARRY OUT THE
PURPOSES OF SECTION 390(B)(3), THE SECRETARY SHALL MAKE", AND (B) BY
STRIKING OUT "ENTERING INTO CONTRACTS" AND INSERTING IN LIEU THEREOF
"ENTER INTO CONTRACTS".
(C)(1) THE FIRST SENTENCE OF SECTION 396(B) //42 USC 280B - 7.// IS
AMENDED BY STRIKING OUT "SUMS MADE AVAILABLE UNDER THIS SECTION SHALL BE
UTILIZED BY THE SECRETARY FOR MAKING" AND INSERTING IN LIEU THEREOF "TO
CARRY OUT THE PURPOSES OF SECTION 390(B)(4), THE SECRETARY SHALL MAKE".
(2) CLAUSES (A), (B), (C), AND (D) OF SECTION 396(B) ARE REDESIGNATED
AS CLAUSES (1), (2), (3), AND (4), RESPECTIVELY.
(3) SUBSECTION (A) OF SECTION 396 IS REPEALED AND SUBSECTIONS (B) AND
(C) OF SUCH SECTION ARE REDESIGNATED AS SUBSECTIONS (A) AND (B),
RESPECTIVELY.
(D)(1) THE FIRST SENTENCE OF SECTION 397(A) //42 USC 280B - 8.// IS
REPEALED; AND THE SECOND SENTENCE OF SUCH SECTION IS AMENDED BY
STRIKING OUT "SUMS MADE AVAILABLE UNDER THIS SECTION SHALL BE UTILIZED
BY THE SECRETARY, WITH THE ADVICE OF THE BOARD, TO MAKE" AND INSERTING
IN LIEU THEREOF "TO CARRY OUT THE PURPOSES OF SECTION 390(B)(5), THE
SECRETARY, WITH THE ADVICE OF THE BOARD, SHALL MAKE".
(2) THE SECTION HEADING FOR SECTION 397 IS AMENDED BY INSERTING "AND
CONTRACTS" AFTER "GRANTS".
(E) THE FIRST AND SECOND SENTENCES OF SECTION 398(A) //42 USC 280B -
9.// ARE REPEALED; AND THE THIRD SENTENCE OF SUCH SECTION IS AMENDED BY
STRIKING OUT "SUMS MADE AVAILABLE UNDER THIS SECTION SHALL BE UTILIZED
BY THE SECRETARY, WITH THE ADVICE OF THE BOARD, IN MAKING GRANTS TO, AND
ENTERING INTO APPROPRIATE CONTRACTS" AND INSERTING IN LIEU THEREOF "TO
CARRY OUT THE PURPOSES OF SECTION 390(B)(6), //79 STAT. 1059; 84 STAT.
64, 65, 42 USC 280B.// THE SECRETARY, WITH THE ADVICE OF THE BOARD,
SHALL MAKE GRANTS TO, AND ENTER INTO APPROPRIATE CONTRACTS".
SEC. 204. SECTION 399B IS REPEALED; //84 STAT. 65, 42 USC 280B -
12.// AND SECTIONS 394 THROUGH 399A ARE REDESIGNATED AS SECTIONS 393
THROUGH 399, RESPECTIVELY.
SEC. 205. THE AMENDMENTS MADE BY SECTIONS 202, 203, AND 204 SHALL
APPLY WITH RESPECT TO APPROPRIATIONS UNDER PART J OF THE PUBLIC HEALTH
SERVICE ACT FOR FISCAL YEARS BEGINNING AFTER JUNE 30, 1974. //42 USC
280B.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 757 (COMM. ON INTERSTATE AND FOREIGN
COMMERCE) AND NO. 93 - 1170 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 764 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JAN. 21, CONSIDERED AND PASSED HOUSE.
MAY 2, CONSIDERED AND PASSED SENATE, AMENDED.
JULY 10, SENATE AGREED TO CONFERENCE REPORT.
JULY 11, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-352, 88 STAT 358, NATIONAL CANCER ACT AMENDMENTS OF
1974.
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 "NATIONAL CANCER ACT
AMENDMENTS OF 1974". //42 USC 282 NOTE.//
SEC. 102. SECTION 402(B) OF THE PUBLIC HEALTH SERVICE ACT //85 STAT.
784, 42 USC 282.// IS AMENDED--,
(1) BY STRIKING OUT "IN AMOUNTS NOT TO EXCEED "$35,000" IN
PARAGRAPH (1) AND INSERTING IN LIEU THEREOF "IF THE DIRECT COSTS
OF SUCH RESEARCH AND TRAINING DO NOT EXCEED $35,000, BUT ONLY";
AND
(2) BY STRIKING OUT "IN AMOUNTS EXCEEDING $35,000" IN PARAGRAPH
(2) AND INSERTING IN LIEU THEREOF "IF THE DIRECT COSTS OF SUCH
RESEARCH AND TRAINING EXCEED $35,000, BUT ONLY".
SEC. 103. //42 USC 286A.// SECTION 407(B)(4) OF THE PUBLIC HEALTH
SERVICE ACT IS AMENDED BY STRIKING OUT "ALL DATA" AND INSERTING IN LIEU
THEREOF "INFORMATION (INCLUDING INFORMATION RESPECTING NUTRITION
PROGRAMS FOR CANCER PATIENTS AND THE RELATIONSHIP BETWEEN NUTRITION AND
CANCER)"
SEC. 104. SECTION 407(B)(7) OF THE PUBLIC HEALTH SERVICE ACT IS
AMENDED BY STRIKING OUT "WHERE APPROPRIATE".
SEC. 105. SECTION 407(B)(9)(A) OF THE PUBLIC HEALTH SERVICE ACT IS
AMENDED BY INSERTING "(INCLUDING AN ESTIMATE OF THE NUMBER AND TYPE OF
PERSONNEL NEEDED FOR THE NATIONAL CANCER PROGRAM)" AFTER "BUDGET"
ESTIMATE".
SEC. 106. //42 USC 286B.// SECTION 408(A) OF THE PUBLIC HEALTH
SERVICE ACT IS AMENDED BY STRIKING OUT "FIFTEEN".
SEC. 107. //42 USC 286C.// (A) SUBSECTION (A) OF SECTION 409 OF THE
PUBLIC HEALTH SERVICE ACT IS AMENDED BY INSERTING BEFORE THE PERIOD AT
THE END THEREOF A COMMA AND THE FOLLOWING: "INCLUDING PROGRAMS TO
PROVIDE APPROPRIATE TRAILS OF PROGRAMS OF ROUTINE EXFOLIATIVE CYTOLOGY
TESTS CONDUCTED FOR THE DIAGNOSIS OF UTERINE CANCER".
(B) SUBSECTION (B) OF SUCH SECTION IS AMENDED BY STRIKING OUT "AND"
BEFORE "$40,000,000" AND BY INSERTING BEFORE THE PERIOD AT THE END
THEREOF A COMMA AND THE FOLLOWING: "$53,500,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, $68,500,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1976, AND $88,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977".
SEC. 108. //42 USC 286D.// SECTION 410 OF THE PUBLIC HEALTH
ACT IS AMENDED--,
(1) BY STRIKING OUT "FIFTY" IN PARAGRAPH (1) AND INSERTING IN
LIEU THEREOF "ONE HUNDRED";
(2) BY STRIKING OUT "AND" AT THE END OF PARAGRAPH (7);
(3) BY STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (8) AND
INSERTING IN LIEU THEREOF "; AND";
(4) BY ADDING AFTER PARAGRAPH (8) THE FOLLOWING NEW PARAGRAPH:
"(9) TO AWARD GRANTS FOR NEW CONSTRUCTION AS WELL AS
ALTERATIONS AND RENOVATIONS FOR IMPROVEMENT OF BASIC RESEARCH
LABORATORY FACILITIES, INCLUDING THOSE RELATED TO BIOHAZARD
CONTROL, AS DEEMED NECESSARY FOR THE NATIONAL CANCER PROGRAM.";
AND
(5) BY INSERTING "(A)" AFTER "410." AND BY ADDING AFTER
PARAGRPAH (9) THE FOLLOWING NEW SUBSECTION:
"(B)(1) THE DIRECTOR OF THE NATIONAL CANCER INSTITUTE SHALL PROVIDE
AND CONTRACT FOR A PROGRAM TO DISSEMINATE AND INTERPRET, ON A CURRENT
BASIS, FOR PRACTITIONERS AND OTHER HEALTH PROFESSIONALS, SCIENTISTS, AND
THE GENERAL PUBLIC SCIENTIFIC AND OTHER INFORMATION RESPECTING THE
CAUSE, PREVENTION, DIAGNOSIS, AND TREATMENT OF CANCER.
"(2) THE DIRECTOR OF THE NATIONAL CANCER INSTITUTE SHALL INCLUDE IN
THE ANNUAL REPORT REQUIRED BY SECTION 410(A)(B) //85 STAT. 782, 42 USC
286E.// A REPORT ON THE PROGRESS, ACTIVITIES, AND ACCOMPLISHMENTS OF,
AND EXPENDITURES FOR, THE INFORMATION SERVICES OF THE NATIONAL CANCER
PROGRAM."
SEC. 109. SECTION 410C OF THE PUBLIC HEALTH SERVICE ACT IS AMENDED
BY STRIKING OUT "AND" BEFORE "$60,000,000" AND BY INSERTING BEFORE THE
PERIOD AT THE END THEREOF A SEMICOLON AND THE FOLLOWING: "$750,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975; $830,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976; AND $985,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1977".
SEC. 110. THE PART H OF THE PUBLIC HEALTH SERVICE ACT //ANTE, P.
135.// RELATING TO THE APPOINTMENT OF THE DIRECTORS OF THE NATIONAL
INSTITUTES OF HEALTH AND THE NATIONAL CANCER INSTITUTE IS REDESIGNATED
AS PART I, SECTION 461 OF SUCH PART IS REDESIGNATED AS SECTION 471, AND
SUCH PART IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTIONS:
"SEC. 472. //42 USC 2891 - 4.// (A) THE SECRETARY, AFTER
CONSULTATION WITH THE DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH,
AND, WHERE APPROPRIATE, THE DIRECTORS OF THE NATIONAL INSTITUTE OF
MENTAL HEALTH, THE NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM,
AND THE NATIONAL INSTITUTE ON DRUG ABUSE, SHALL BY REGULATION REQUIRE
APPROPRIATE SCIENTIFIC PEER REVIEW OF--,
"(1) APPLICATIONS MADE AFTER THE EFFECTIVE DATE OF SUCH
REGULATIONS FOR GRANTS UNDER THIS ACT FOR BIOMEDICAL AND
BAHAVIORAL RESEARCH; AND
"(2) BIOMEDICAL AND BEHAVIORAL RESEARCH AND DEVELOPMENT
CONTRACT PROJECTS TO BE ADMINSITERED AFTER SUCH EFFECTIVE DATE
THROUGH AN INSTITUTE ESTABLISHED UNDER THIS TITLE, THE NATIONAL
INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM, OR THE NATIONAL
INSTITUTE ON DRUG ABUSE.
"(B) REGULATIONS PROMULGATED UNDER SUBSECTION (A) SHALL, TO THE
EXTENT PRACTICAL, REQUIRE THAT THE REVIEW OF GRANT APPLICATIONS REQUIRED
BY THE REGULATIONS BE CONDUCTED--,
"(1) IN A MANNER CONSISTENT WITH THE SYSTEM FOR SCIENTIFIC PEER
REVIEW APPLICABLE ON THE DATE OF THE ENACTMENT OF THIS SECTION TO
APPLICATIONS FOR GRANTS UNDER THIS ACT FOR BIOMEDICAL AND
BEHAVIORAL RESEARCH, AND
"(2) BY PEER REVIEW GROUPS PERFORMING SUCH REVIEW ON OR BEFORE
SUCH DATE.
"(C) THE MEMBERS OF ANY PEER REVIEW GROUP ESTABLISHED UNDER SUCH
REGULATIONS SHALL BE INDIVIDUALS WHO BY VIRTUE OF THEIR TRAINING OR
EXPERIENCE ARE EMINENTLY QUALIFIED TO PERFORM THE REVIEW FUNCTIONS OF
THE GROUP AND NOT MORE THAN ONE-FOURTH OF THE MEMBERS OF ANY PEER REVIEW
GROUP ESTABLISHED UNDER SUCH REGULATIONS SHALL BE OFFICERS OR EMPLOYEEES
OF THE UNITED STATES."
SEC. 111. SECTION 301(H) OF THE PUBLIC HEALTH SERVICE ACT, //79
STAT. 448; 84 STAT. 1308, 42 USC 241.// IS AMENDED BY STRIKING OUT
"DURING THE FISCAL YEAR ENDING JUNE 30, 1966, AND EACH OF THE EIGHT
SUCCEEDING FISCAL YEARS".
SEC. 112. (A) THE FIRST SENTENCE OF SECTION 471 OF THE PUBLIC HEALTH
SERVICE ACT (AS SO REDESIGNATED BY SECTION 110) IS AMENDED TO READ AS
FOLLOWS: "THE DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH SHALL BE
APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE; AND THE DIRECTOR OF THE NATIONAL CANCER INSTITUTE SHALL BE
APPOINTED BY THE PRESIDENT."
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL APPLY WITH RESPECT TO
APPOINTMENTS TO THE OFFICE OF DIRECTOR OF THE NATIONAL INSTITUTES OF
HEALTH MADE AFTER THE DATE OF THE ENACTMENT OF THIS ACT.
SEC. 113. SECTION 601 OF THE MEDICAL FACILITIES CONSTRUCTION AND
MODERNIZATION AMENDMENTS OF 1970 IS AMENDED BY STRIKING OUT "ENDING
PRIOR TO JULY 1, 1974,".
SEC. 201. (A)(1) THERE IS ESTABLISHED THE PRESIDENT'S BIOMEDICAL
RESEARCH PANEL (HEREINAFTER IN THIS SECTION REFERRED TO AS THE "PANEL)
WHICH SHALL BE COMPOSED OF (A) THE CHAIRMAN OF THE PRESIDENT'S CANCER
PANEL (ESTABLISHED UNDER SECTION 407(C) OF THE PUBLIC HEALTH SERVICE
ACT); AND (B) SIX MEMBERS APPOINTED BY THE PRESIDENT WHO BY VIRTUE OF
THEIR TRAINING, EXPERIENCE, AND BACKGROUND ARE EXCEPTIONALLY QUALIFIED
TO CARRY OUT THE DUTIES OF THE PANEL. AT LEAST FIVE OF THE MEMBERS OF
THE PANEL SHALL BE DISTINGUISHED SCIENTISTS OR PHYSICIANS. THE
APPOINTED MEMBERS OF THE PANEL SHALL BE APPOINTED FOR THE LIFE OF THE
PANEL.
(2) THE PRESIDENT SHALL DESIGNATE ONE OF THE APPOINTED MEMBERS TO
SERVE AS CHAIRMAN OF THE PANEL.
(3) APPOINTED MEMBERS OF THE PANEL SHALL EACH BE ENTITLED TO RECEIVE
THE DAILY EQUIVALENT OF THE ANNUAL RATE OF BASIC PAY IN EFFECT FOR GRADE
GS-18 OF THE GENERAL SCHEDULE FOR EACH DAY (INCLUDING TRAVELTIME) DURING
WHICH THEY ARE ENGAGED IN THE ACTUAL PERFORMANCE OF DUTIES VESTED IN THE
PANEL; AND WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS IN
THE PERFORMANCE OF SERVICES FOR THE PANEL, ALL MEMBERS OF THE PANEL
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.
(4) THE PANEL MAY APPOINT AND FIX THE PAY OF SUCH PERSONNEL AS IT
DEEMS NECESSARY TO CARRY OUT ITS DUTIES.
(B) THE PANEL SHALL--,
(1) REVIEW AND ASSESS,
(2) IDENTIFY AND MAKE RECOMMENDATIONS WITH RESPECT TO POLICY
ISSUES CONCERNING THE SUBJECT AND CONTENT OF, AND
(3) IDENTIFY AND MAKE RECOMMENDATIONS WITH RESPECT TO POLICY
ISSUES CONCERNING THE ORGANIZATION AND OPERATION OF,
BIOMEDICAL AND BEHAVIORAL RESEARCH CONDUCTED AND SUPPORTED UNDER
PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH AND THE NATIONAL INSTITUTE
OF MENTAL HEALTH.
(C)(1) NOT LATER THAN THE EXPIRATION OF THE 15-MONTH PERIOD BEGINNING
ON THE FIRST DAY OF THE FIRST MONTH THAT FOLLOWS THE DATE ON WHICH ALL
OF THE APPOINTED MEMBERS FO THE PANEL HAVE TAKEN OFFICE, THE PANEL SHALL
SUBMIT SIMULTANEOUSLY TO THE PRESIDENT AND TO THE CONGRESS A
COMPREHENSIVE REPORT OF (A) ITS FINDINGS MADE ON THE BASIS OF THE REVIEW
AND ASSESSMENT CONDUCTED UNDER CLAUSE (1) OF SUBSECTION (B). AND (B) THE
POLICY ISSUES IDENTIFIED UNDER CLAUSES (2) AND (3) OF SUCH SUBSECTION
AND THE PANEL'S RECOMMENDATIONS WITH RESPECT TO SUCH ISSUES.
(2) THE PANEL SHALL TERMINATE UPON THE EXPIRATION OF THE 18-MONTH
PERIOD BEGINNING ON THE FIRST DAY OF THE FIRST MONTH THAT FOLLOWS THE
DATE ON WHICH ALL OF THE APPOINTED MEMBERS OF THE PANEL HAVE TAKEN
OFFICE.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 954 ACCOMPANYING H.R. 13053 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE) AND NO. 93 - 1164 (COMM. OF
CONFERENCE).
SENATE REPORT NO. 93 - 736 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 26, CONSIDERED AND PASSED SENATE.
MAY 1, 2, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.
R. 13053.
JULY 9, HOUSE AGREED TO CONFERENCE REPORT.
JULY 10, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-351, 88 STAT 357, OLDER AMERICANS ACT OF 1965,
AMENDMENTS.
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 708 OF THE OLDER AMERICANS ACT //86 STAT. 94, 42 USC 3045G.//
IS AMENDED BY STRIKING OUT THE WORD "AND" BEFORE "$150,000,000" AND BY
INSERTING BEFORE THE PERIOD A COMMA AND THE FOLLOWING: "$150,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975, $200,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976, AND $250,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1977".
SEC. 2. (A) SECTION 201(A) OF THE OLDER AMERICANS ACT (42 U.S.C.
3011) //87 STAT. 30.// IS AMENDED BY STRIKING OUT EVERYTHING IN SUCH
SECTION THAT FOLLOWS THE WORD "COMMISSIONER" THE SECOND TIME IT APPEARS
IN THE FOURTH SENTENCE OF SUCH SECTION AND INSERTING IN LIEU THEREOF A
PERIOD.
(B) ANY DELEGATION OF THE FUNCTIONS OF THE COMMISSIONER ON AGING IN
EFFECT ON THE DATE OF ENACTMENT OF THIS ACT, ISSUED PURSUANT TO SECTION
201(A) OF SUCH ACT, //42 USC 3011 NOTE.// SHALL BE MODIFIED BY THE
COMMISSIONER TO COMPLY WITH THE PROVISIONS OF THE AMENDMENT MADE BY THIS
SECTION.
SEC. 3. TITLE III OF THE OLDER AMERICANS ACT OF 1965 (42 U.S.C.
3021FF.) //87 STAT. 36, 42 USC 3021.// IS AMENDED BY ADDING THE
FOLLOWING NEW SECTION:
"SEC. 309. //42 USC 3029.// (A) THERE ARE AUTHORIZED TO BE
APPROPRIATED $35,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, TO
CARRY OUT THE PURPOSES OF THIS SECTION. FROM SUMS APPROPRIATED UNDER
THIS SECTION, THE COMMISSIONER IS AUTHORIZED TO MAKE GRANTS TO EACH
STATE HAVING A STATE PLAN APPROVED UNDER SECTION 305 //42 USC 3025.//
FOR THE PURPOSE OF PAYING UP TO 75 PER CENTUM OF THE COSTS OF MEETING
THE TRANSPORTATION NEEDS OF OLDER PERSONS, WITH SPECIAL EMPHASIS ON
PROVIDING SUPPORTIVE TRANSPORTATION IN CONNECTION WITH NUTRITION
PROJECTS OPERATED PURSUANT TO TITLE VII OF THIS ACT. //86 STAT. 88, 42
USC 3045.// SUMS APPROPRIATED UNDER THIS SECTION SHALL BE ALLOTTED TO
THE STATES IN ACCORDANCE WITH THE ALLOTMENT FORMULA CONTAINED IN SECTION
303. //4I USC 3023.//
"(B) THE ALLOTMENT TO A STATE UNDER THIS SECTION SHALL REMAIN
AVAILABLE UNTIL DECEMBER 31, 1975, FOR GRANTS AND CONTRACTS TO AREA
AGENCIES ON AGING, ORGANIZED UNDER SECTION 305(B), OR TO OTHER PUVLIC OR
NON-PROFIT PRIVATE AGENCIES THAT THE STATE AGENCY DETERMINES HAVE THE
CAPACITY TO MEET THE TRANSPORTATION NEEDS OF OLDER PERSONS AND TO
PROVIDE SUPPORTIVE TRANSPORTATION SERVICES IN CONNECTION WITH NUTRITION
PROJECTS OPERATED UNDER TITLE VII. IN MAKING GRANTS AND CONTRACTS UNDER
THIS SECTION, STATE AGENCIES SHALL GIVE PRIORITY TO APPLICANTS PROPOSING
TO SERVE AREAS IN WHICH THERE IS NO PUBLIC TRANSPORTATION OR IN WHICH
EXISTING PUBLIC TRANSPORTATION IS INADEQUATE TO MEED THE SPECIAL NEEDS
OF OLDER PERSONS.
"(C) WITHIN NINETY DAYS FOLLOWING THE ENACTMENT OF LEGISLATION
APPROPRIATING FUNDS AS AUTHORIZED BY THIS SECTION, THE COMMISSIONER
SHALL ISSUE FINAL REGULATIONS FOR IMPLEMENTATION OF THE PROGRAM HEREIN
AUTHORIZED.
"(D) THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO REQUEST THE
TECHNICAL ASSISTANCE AND COOPERATION OF THE SECRETARY OF TRANSPORTATION
AND SUCH OTHER DEPARTMENTS AND AGENCIES OF THE FEDERAL GOVERNMENT AS MAY
BE APPROPRIATE FOR THE PROPER AND EFFECTIVE ADMINISTRATION OF THIS
SECTION.".
SEC. 4. SECTION 201 OF PUBLIC LAW 93 - 113 (87 STAT. 401, OCTOBER 1,
1973) //42 USC 5001.// IS AMENDED BY INSERTING THE FOLLOWING NEW
SUBSECTION (B) AFTER SUBSECTION (A) AND REDESIGNATING THE PRESENT
SUBSECTION (B) AS SUBSECTION (C):
"(B) IN NO EVENT SHALL THE REQUIRED PROPORTION OF THE LOCAL
CONTRIBUTION (INCLUDING IN-KIND CONTRIBUTIONS) FOR A GRANT OR CONTRACT
MADE UNDER THIS SECTION BE MORE THAN 10 PERCENTUM IN THE FIRST YEAR OF
ASSISTANCE UNDER THIS SECTION, 20 PER CENTUM IN THE SECOND SUCH YEAR, 30
PER CENTUM IN THE THIRD SUCH YEAR, 40 PER CENTUM IN THE FOURTH SUCH
YEAR, AND 50 PER CENTUM IN ANY SUBSEQUENT SUCH YEARS: PROVIDED,
HOWEVER, THAT THE DIRECTOR MAY MAKE EXCEPTIONS IN CASES OF DEMONSTRATED
NEED, DETERMINED (IN ACCORDANCE WITH REGULATIONS WHICH THE DIRECTOR
SHALL PRESCRIBE) ON THE BASIS OF THE FINANCIAL CAPABILITY OF A
PARTICULAR RECIPIENT OF ASSISTANCE UNDER THIS SECTION, TO PERMIT A
LESSER LOCAL CONTRIBUTION PROPORTION THAN ANY REQUIRED CONTRIBUTION
PROPORTION ESTABLISHED BY THE DIRECTOR IN GENERALLY APPLICABLE
REGULATIONS.".
SEC. 5. SECTION 707 OF THE OLDER AMERICANS ACT OF 1965 //87 STAT.
56, 42 USC 3045F.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTIONS:
"(D) IN DONATING COMMODITIES PURSUANT TO THIS SECTION, THE SECRETARY
OF AGRICULTURE SHALL MAINTAIN AN ANNUALLY PROGRAMED LEVEL OF ASSISTANCE
OF NOT LESS THAN 10 CENTS PER MEAL: PROVIDED, THAT THIS AMOUNT SHALL BE
ADJUSTED ON AN ANNUAL BASIS EACH FISCAL YEAR AFTER JUNE 30, 1975, TO
REFLECT 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. SUCH ADJUSTMENT SHALL BE COMPUTED TO THE NEAREST
ONE-FOURTH CENT. AMONG THE COMMODITIES DELIVERED UNDER THIS SECTION,
THE SECRETARY SHALL GIVE SPECIAL EMPHASIS TO HIGH PROTEIN FOODS, MEAT,
AND MEAT ALTERNATES. THE SECRETARY OF AGRICULTURE, IN CONSULTATION WITH
THE COMMISSIONER, IS AUTHORIZED TO PRESCRIBE THE TERMS AND CONDITIONS
RESPECTING THE DONATING OF COMMODITIES PURSUANT TO THIS SECTION, AND,
WITHIN NINETY DAYS AFTER THE DATE OF ENACTMENT OF THIS SUBSECTION (D),
THE SECRETARY OF AGRICULTURE SHALL ISSUE REGULATIONS GOVERNING THE
DONATION OF SUCH COMMODITIES.
"(E) THE SECRETARY OF AGRICULTURE IN CONSULTATION WITH THE
COMMISSIONER SHALL, WITHIN NINETY DAYS AFTER THE DATE OF ENACTMENT OF
THIS SUBSECTION, ISSUE REGULATIONS CLARIFYING THE USE OF FOOD STAMPS
UNDER THIS TITLE.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 914 (COMM. ON EDUCATION AND LABOR).
SENATE REPORT NO. 93 - 932 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 19, CONSIDERED AND PASSED HOUSE.
JUNE 19, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 26, HOUSE CONCURRED IN SENATE AMENDMENTS WITH AN
AMENDMENT.
JUNE 27, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-350, 88 STAT 355
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 3307 OF
TITLE 5, UNITED STATES CODE, //86 STAT. 141.// IS AMENDED--,
(1) BY STRIKING OUT IN SUBSECTION (A) THEREOF "SUBSECTIONS (B)
AND (C)" AND INSERTING IN LIEU THEREOF "SUBSECTIONS (B), (C), AND
(D)"; AND
(2) BY ADDING THE FOLLOWING NEW SUBSECTION AT THE END THEREOF:
"(D) THE HEAD OF ANY AGENCY MAY, WITH THE CONCURRENCE OF SUCH AGENT
AS THE PRESIDENT MAY DESIGNATE, DETERMINE AND FIX THE MINUMUM AND
MAXIMUM LIMITS OF AGE WITHIN WHICH AN ORIGINAL APPOINTMENT MAY BE MADE
TO A POSITION AS A LAW ENFORCEMENT OFFICER OR FIREFIGHTER, AS DEFINED BY
SECTION 8331 (20) AND (21), RESPECTIVELY, OF THIS TITLE."
SEC. 2. (A) SECTION 8331(3) AND TITLE 5, UNITED STATES CODE, //80
STAT. 564, 1164.// IS AMENDED--,
(1) BY STRIKING OUT THE WORD "AND" AT THE END OF CLAUSE (B)(
II);
(2) BY INSERTING THE WORD "AND" IMMEDIATELY AFTER THE SEMICOLON
AT THE END OF SUBPARAGRAPH (C);
(3) BY ADDING IMMEDIATELY BELOW SUBPARAGRAPH (C) THE FOLLOWING
NEW SUBPARAGRAPH:
PAY UNDER SECTION 5545 (C)(2) OF THIS TITLE; //84 STAT. 198.//
AND
(4) BY STRIKING OUT "SUBPARAGRPAHS (B) AND (C) OF THIS
PARAGRAPH" AND INSERTING IN LIEU THEREOF "SUBPARAGRAPHS (B), (C),
AND (D) OF THIS PARAGRAPH".
(B) SECTION 5331 OF TITLE 5, UNITED STATES CODE, IS AMENDED--,
(1) BY STRIKING OUT "AND" AT THE END OF PARAGRAPH (18); //83
STAT. 136.//
(2) BY STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (19) AND
INSERTING IN LIEU THEREOF A SEMICOLON AND THE WORD "AND"; AND (3)
BY ADDING AT THE END THEREOF THE FOLLOWING:
"(20) 'LAW ENFORCEMENT OFFICER' MEANS AN EMPLOYEE, THE DUTIES
OF WHOSE POSITION ARE PRIMARILY THE INVESTIGATION, APPREHENSION,
OR DETENTION OF INDIVIDUALS SUSPECTED OR CONVICTED OF OFFENSES
AGAINST THE CRIMINAL LAWS OF THE UNITED STATES, INCLUDING AN
EMPLOYEE ENGAGED IN THIS ACTIVITY WHO IS TRANSFERRED TO A
SUPERVISORY OR ADMINISTRATIVE POSITION. FOR THE PUSPOSE OF THIS
PARAGRAPH, 'DETENTION' INCLUDES THE DUTIES OF--,
"(A) EMPLOYEES OF THE BUREAU OF PRISONS AND FEDERAL PRISON
INDUSTRIES, INCORPORATED;
"(B) EMPLOYEES OF THE PUBLIC HEALTH SERVICE ASSIGNED TO THE
FIELD SERVICE OF THE BUREAU OF PRISONS OR OF THE FEDERAL PRISON
INDUSTRIES, INCORPORATED;
"(C) EMPLOYEES IN THE FIELD SERVICE AT ARMY OR NAVY DISCI-
PLINARY BARRACKS OR AT CONFINEMENT AND REHABILITATION FACILITIES
OPERATED BY ANY OF THE ARMED FORCES; AND
"(D) EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS OF THE DISTRICT
OF COLUMBIA, ITS INDUSTRIES AND UTILITIES; WHOSE DUTIES IN
CONNECTION WITH INDIVIDUALS IN DETENTION SUSPECTED OR CONVICTED OF
OFFENSES AGAINST THE CRIMINAL LAWS OF THE UNITED STATES OR OF THE
DISTRICT OF COLUMBIA OR OFFENSES AGAINST THE PUNITIVE ARTICLES OF
THE UNIFORMED CODE OF MILITARY JUSTICE (CHAPTER 47 OF TITLE 10)
//10 USC 801.// REQUIRE FREQUENT (AS DETERMINED BY THE APPROPRIATE
ADMINISTRATIVE AUTHORITY WITH THE CONCURRENCE OF THE COMMISSION)
DIRECT CONTACT WITH THESE INDIVIDUALS IN THEIR DETENTION,
DIRECTION, SUPERVISION, INSPECTION, TRAINING, EMPLOYMENT, CARE,
TRANSPORTATION, OR REHABILITATION; AND
"(21) 'FIREFIGHTER' MEANS AN EMPLOYEE, THE DUTIES OF WHOSE
POSITION ARE PRIMARILY TO PERFORM WORK DIRECTLY CONNECTED WITH THE
CONTROL AND EXTINGUISHMENT OF FIRES OR THE MAINTENANCE AND USE OF
FIREFIGHTING APPARATUS AND EQUIPMENT, INCLUDING AN EMPLOYEE
ENGAGED IN THIS ACTIVITY WHO IS TRANSFERRED TO A SUPERVISORY OR
ADMINISTRATIVE POSITION."
SEC. 3. (A) THE FIRST SENTENCE OF SECTION 8334(A)(1) OF TITLE 5,
UNITED STATES CODE, //83 STAT. 136.// IS AMENDED BY INSERTING "A LAW
ENFORCEMENT OFFICER, AND A FIREFIGHTER," FOLLOWING "CONGRESSIONAL
EMPLOYEE,".
(B) THE FIRST SENTENCE OF SECTION 8334 (A) (1) OF TITLE 5, UNITED
STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SCHEDULE:
FIREFIGHTER FOR FIREFIGHTER SERVICE.
SEC. 4. SECTION 8335 OF TITLE 5, UNITED STATES CODE, //80 STAT.
571; 86 STAT. 144.// IS AMENDED BY ADDING THE FOLLOWING NEW SUBSECTION
AT THE END THEREOF:
"(G) A LAW ENFORCEMENT OFFICER OR A FIREFIGHTER WHO IS OTHERWISE
ELIGIBLE FOR IMMEDIATE RETIREMENT UNDER SECTION 8336(C) OF THIS TITLE
SHALL BE SEPARATED FROM THE SERVICE ON THE LAST DAY OF THE MONTH IN
WHICH HE BECOMES 55 YEARS OF AGE OR COMPLETES 20 YEARS OF SERVICE IF
THEN OVER THAT AGE. THE HEAD OF THE AGENCY, WHEN IN HIS JUDGMENT THE
PUBLIC INTEREST SO REQUIRES, MAY EXEMPT SUCH AN EMPLOYEE FROM AUTOMATIC
SEPARATION UNDER THIS SUBSECTION UNTIL THAT EMPLOYEE BECOMES 60 YEARS OF
AGE. THE EMPLOYING OFFICE SHALL NOTIFY THE EMPLOYEE IN WRITING OF THE
DATE OF SEPARATION AT LEAST 60 DAYS IN ADVANCE THEREOF. ACTION TO
SEPARATE THE EMPLOYEE IS NOT EFFECTIVE, WITHOUT THE CONSENT OF THE
EMPLOYEE, UNTIL THE LAST DAY OF THE MONTH IN WHICH THE 60-DAY NOTICE
EXPIRES."
SEC. 5. SECTION 8336(C) OF TITLE 5, UNITED STATES CODE, //80 STAT.
571; 86 STAT. 539.// IS AMENDED TO READ AS FOLLOWS:
"(C) AN EMPLOYEE WHO IS SEPARATED FROM THE SERVICE AFTER BECOMING 50
YEARS OF AGE AND COMPLETING 20 YEARS OF SERVICE AS A LAW ENFORCEMENT
OFFICER OR FIREFIGHTER, OR ANY COMBINATION OF SUCH SERVICE TOTALING AT
LEAST 20 YEARS, IS ENTITLED TO AN ANNUITY."
SEC. 6. SECTION 8339(D) OF TITLE 5, UNITED STATES CODE, IS AMENDED
TO READ AS FOLLOWS:
"(D) THE ANNUITY OF AN EMPLOYEE RETIRING UNDER SECTION 8335(G) OR
8336(C) //80 STAT. 574. 80 STAT. 571.// OF THIS TITLE IS--,
"(A) 2 1/2 PERCENT OF HIS AVERAGE PAY MULTIPLIED BY SO MUCH OF
HIS TOTAL SERVICE AS DOES NOT EXCEED 20 YEARS; PLUS
"(B) 2 PERCENT OF HIS AVERAGE PAY MULTIPLIED BY SO MUCH OF HIS
TOTAL SERVICE AS EXCEEDS 20 YEARS."
SEC. 7. THE AMENDMENTS MADE BY THE FIRST SECTION, AND SECTIONS 2(B), 5,
AND 6, OF THIS ACT SHALL BECOME EFFECTIVE ON THE DATE OF ENACTMENT OF
THIS ACT. THE AMENDMENTS MADE BY SECTIONS 2(A) AND 3 OF THIS ACT //5
USC 3307 NOTE.// SHALL BECOME EFFECTIVE AT THE BEGINNING OF THE FIRST
APPLICABLE PAY PERIOD WHICH BEGINS AFTER DECEMBER 31, 1974. THE
AMENDMENTS MADE BY SECTION 4 OF THIS ACT SHALL BECOME EFFECTIVE ON
JANUARY 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 463 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 948 (COMM. ON POST OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): SEPT. 20, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): JUNE 24, CONSIDERED AND PASSED SENATE,
AMENDED.
JUNE 28, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-349, 88 STAT 354.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8348 OF
TITLE 5, UNITED STATES CODE, //80 STAT. 584; 83 STAT. 137.// IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION)
"(H)(1) NOTWITHSTANDING ANY OTHER STATUTE, THE UNITED STATES POSTAL
SERVICE SHALL BE LIABLE FOR THAT PORTION OF ANY ESTIMATED INCREASE IN
THE UNFUNDED LIABILITY OF THE FUND WHICH IS ATTRIBUTABLE TO ANY BENEFITS
PAYABLE FROM THE FUND TO ACTIVE AND RETIRED POSTAL SERVICE OFFICERS AND
EMPLOYEES, AND TO THEIR SURVIVORS, WHEN THE INCREASE RESULTS FROM AN
EMPLOYEE-MANAGEMENT AGREEMENT UNDER TITLE 39, //39 USC 101 ET SEQ.// OR
ANY ADMINISTRATIVE ACTION BY THE POSTAL SERVICE TAKEN PURSUANT TO LAW,
WHICH AUTHORIZES INCREASES IN PAY ON WHICH BENEFITS ARE COMPUTED.
"(2) THE ESTIMATED INCREASE IN THE UNFUNDED LIABILITY, REFERRED TO IN
PARAGRAPH (1) OF THIS SUBSECTION, SHALL BE DETERMINED BY THE CIVIL
SERVICE COMMISSION. THE UNITED STATES POSTAL SERVICE SHALL PAY THE
AMOUNT SO DETERMINED TO THE COMMISSION IN THIRTY EQUAL ANNUAL
INSTALLMENTS WITH INTEREST COMPUTED AT THE RATE USED IN THE MOST RECENT
VALUATION OF THE CIVIL SERVICE RETIREMENT SYSTEM, WITH THE FIRST PAYMENT
THEREOF DUE AT THE END OF THE FISCAL YEAR IN WHICH AN INCREASE IN PAY
BECOMES EFFECTIVE.".
SEC. 2. (A) THE LAST SENTENCE OF SECTION 1005(D) OF TITLE 39, UNITED
STATES CODE, IS REPEALED. //84 STAT. 731.//
(B) SECTION 1005(D) OF TITLE 39, UNITED STATES CODE, IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCE: "THE POSTAL
SERVICE SHALL PAY INTO THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND
THE AMOUNTS DETERMINED BY THE CIVIL SERVICE COMMISSION UNDER SECTION
8348(H) OF TITLE 5.".
SEC. 3. THE EFFECTIVE DATE OF THIS ACT //39 USC 1005 NOTE.// SHALL
BE JULY 1, 1971, EXCEPT THAT THE POSTAL SERVICE SHALL NOT BE REQUIRED TO
MAKE (1) THE PAYMENTS DUE JUNE 30, 1972, JUNE 30, 1973, AND JUNE 30,
1974, ATTRIBUTABLE TO PAY INCREASES GRANTED BY THE POSTAL SERVICE PRIOR
TO JULY 1, 1973, UNTIL SUCH TIME AS FUNDS ARE APPROPRIATED TO THE POSTAL
SERVICE FOR THAT PURPOSE, AND (2) THE TRANSFER TO THE CIVIL SERVICE
RETIREMENT AND DISABILITY FUND REQUIRED BY TIEL II OF THE TREASURY,
POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATION ACT, 1974, PUBLIC
LAW 93 - 143. //87 STAT. 513.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 120 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 947 (COMM. ON POST OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): MAY 7, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): JUNE 21, CONSIDERED AND PASSED SENATE,
AMENDED.
JUNE 28, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-348, 88 STAT 342, NATIONAL RESEARCH ACT, NATIONAL
RESEARCH SERVICE AWARD ACT OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OR REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. THIS ACT MAY BE CITED AS THE "NATIONAL RESEARCH ACT".
//42 USC 2891 - 1 NOTE.//
SEC. 101. //42 USC 2891 - 1 NOTE.// (A) CONGRESS FINDS AND DECLARES
THAT--,
(1) THE SUCCESS AND CONTINUED VIABILITY OF THE FEDERAL
BIOMEDICAL AND BEHAVIORAL RESEARCH EFFORT DEPENDS ON THE
AVAILABILITY OF EXCELLENT SCIENTISTS AND A NETWORK OF INSTITUTIONS
OF EXCELLENCE CAPABLE OF PRODUCING SUPERIOR RESEARCH PERSONNEL;
(2) DIRECT SUPPORT OF THE TRAINING OF SCIENTISTS FOR CAREERS IN
BIOMEDICAL AND BEHAVIORAL RESEARCH IS AN APPROPRIATE AND NECESSARY
ROLE FOR THE FEDERAL GOVERNMENT; AND
(3) GRADUATE RESEARCH ASSISTANCE PROGRAMS SHOULD BE THE KEY
ELEMENTS IN THE TRAINING PROGRAMS OF THE INSTITUTES OF THE
NATIONAL INSTITUTES OF HEALTH AND THE ALCOHOL, DRUG ABUSE, AND
MENTAL HEALTH ADMINISTRATION.
(B) IT IS THE PURPOSE OF THIS TITLE TO INCREASE THE CAPABILITY OF THE
INSTITUTES OF THE NATIONAL INSTITUTES OF HEALTH ALND THE ALCOHOL, DRUG
ABUSE, AND MENTAL HEALTH ADMINISTRATION TO CARRY OUT THEIR
RESPONSIBILITY OF MAINTAINING A SUPERIOR NATIONAL PROGRAM OF RESEARCH
INTO THE PHYSICAL AND MENTAL DISEASES AND IMPAIRMENTS OF MAN.
SEC. 103. THE PART H OF THE PUBLIC HEALTH SERVICE ACT //ANTE, P.
135.// RELATING TO THE APPOINTMENT OF THE DIRECTORS OF THE NATIONAL
INSTITUTES OF HEALTH AND THE NATIONAL CANCER INSTITUTE IS REDESIGNATED
AS PART I, SECTION 461 OF SUCH PART IS REDESIGNATED AS SECTION 471, AND
SUCH PART IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTIONS:
"SEC. 472. //4I USC 4821 - 1.// (A) (1) THE SECRETARY SHALL--,
"(1) BIOMEDICAL AND BEHAVORIAL RESEARCH AR THE NATIONAL
INSTITUTES OF HEALTH AND THE ALCOHOL, DRUG ABUSE, AND MENTAL
HEALTH ADMINISTRATION IN MATTERS RELATING TO THE CAUSE, DIAG-
NOSIS, PREVENTION, AND TREATMENT OF THE DISEASE (OR DISEASES) OR
OTHER HEALTH PROBLEMS TO WHICH THE ACTIVITIES OF THE INSTI- TUTES
AND ADMINISTRATION ARE DIRECTED,
"(II) TRAINING AT THE INSTITUTES AND ADMINISTRATION OF INDI-
VIDUALS TO UNDERTAKE SUCH RESEARCH, -
"(III) BIOMEDICAL AND BEHAVORIAL RESEARCH AT NON-FEDERAL -
PUBLIC INSTITUTIONS AND AT NONPROFIT PRIVATE INSTITUTIONS, AND
"(IV) PRE- AND POST DOCTORAL TRAINING AT SUCH PUBLIC AND
PRIVATE INSTITUTIONS OF INDIVIDUALS TO UNDERTAKE SUCH RESEARCH;
AND
"(B) MAKE GRANTS TO NON-FEDERAL PUBLIC INSTITUTIONS AND TO
NONPROFIT PRIVATE INSTITUTIONS TO ENABLE SUCH INSTITUTIONS TO MAKE
TO INDIVIDUALS SELECTED BY THEM NATIONAL RESEARCH SERVICE AWARDS
FOR RESEARCH (AND TRAINING TO UNDERTAKE SUCH RESEARCH) IN THE
MATTERS DESCRIBED IN SUBPARAGRAPH (A)(I).
A REFERENCE IN THIS SUBSECTION TO THE NATIONAL INSTITUTES OF HEALTH OR
THE ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION SHALL BE
CONSIDERED TO INCLUDE THE INSTITUTES, DIVISIONS, AND BUREAUS INCLUDED IN
THE INSTITUTES OR UNDER THE ADMINSITRATION, AS THE CASE MAY BE.
"(2) NATIONAL RESEARCH SERVICE AWARDS MAY NOT BE USED TO SUPPORT
RESIDENCIES.
"(3) EFFECTIVE JULY 1, 1975, NATIONAL RESEARCH SERVICE AWARDS MAY BE
MADE FOR RESEARCH OR RESEARCH TRAINING IN ONLY THOSE SUBJECT AREAS FOR
WHICH, AS DETERMINED UNDER SECTION 473, THERE IS A NEED FOR PERSONNEL.
"(B)(1) NO NATIONAL RESEARCH SERVICE AWARD MAY BE MADE BY THE
SECRETARY TO ANY INDIVIDUAL UNLESS--,
"(A) THE INDIVIDUAL HAS SUBMITTED TO THE SECRETARY AN
APPLICATION THEREFOR AND THE SECRETARY HAS APPROVED THE
APPLICATION;
"(B) THE INDIVIDUAL PROVIDES, IN SUCH FORM AND MANNER AS THE
SECRETARY SHALL BY REGULATION PRESCRIBE, ASSURANCES SATISFACTORY
TO THE SECRETARY THAT THE INDIVIDUAL WILL MEET THE SERVICE
REQUIREMENT OF SUBSECTION (C)(1); AND
"(C) IN THE CASE OF A NATIONAL RESEARCH SERVICE AWARD FOR A
PURPOSE DESCRIBED IN SUBSECTION (A)(1)(A)(III) OR (A)(1)(A) (IV),
THE INDIVIDUAL HAS BEEN SPONSORED (IN SUCH MANNER AS THE SECRETARY
MAY BY REGULATION REQUIRE) BY THE INSTITUTION AT WHICH THE
RESEARCH OR TRAINING UNDER THE AWARD WILL BE CONDUCTED.
AN APPLICATION FOR AN AWARD SHALL BE IN SUCH FORM, SUBMITTED IN SUCH
MANNER, AND CONTAIN SUCH INFORMATION, AS THE SECRETARY MAY BE REGULATION
PRESCRIBE.
"(2) THE AWARD OF NATIONAL RESEARCH SERVICE AWARDS BY THE SECRETARY
UNDER SUBSECTION (A) AND THE MAKING OF GRANTS FOR SUCH AWARDS SHALL BE
SUBJECT TO REVIEW AND APPROVAL BY THE APPROPRIATE ADVISORY COUNCILS TO
THE ENTITIES OF THE NATIONAL INSTITUTES OF HEALTH AND THE ALCOHOL, DRUG
ABUSE, AND MENTAL HEALTH ADMINISTRATION (A) WHOSE ACTIVITIES RELATE TO
THE RESEARCH OR TRAINING UNDER THE AWARDS, OR (B) AT WHICH SUCH RESEARCH
OR TRAINING WILL BE CONDUCTED.
"(3) NO GRANT MAY BE MADE UNDER SUBSECTION (A)(1)(B) 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 MAY BY REGULATION
PRESCRIBE. SUBJECT TO THE PROVISIONS OF THIS SECTION OTHER THAN
PARAGRAPH (1) OF THIS SUBSECTION, NATIONAL RESEARCH SERVICE AWARDS MADE
UNDER A GRANT UNDER SUBSECTION (A)(1)(B) SHALL BE MADE IN ACCORDANCE
WITH SUCH REGULATIONS AS THE SECRETARY SHALL PRESCRIBE.
"(4) THE PERIOD OF ANY NATIONAL RESEARCH SERVICE AWARD MADE TO ANY
INDIVIDUAL UNDER SUBSECTION (A) MAY NOT EXCEED THREE YEARS IN THE
AGGREGATE UNLESS THE SECRETARY FOR GOOD CAUSE SHOWN WAIVES THE
APPLICATION OF THE THREE-YEAR LIMIT TO SUCH INDIVIDUAL.
"(5) NATIONAL RESEARCH SERVICE AWARDS SHALL PROVIDE FOR SUCH STIPENDS
AND ALLOWANCES (INCLUDING TRAVEL AND SUBSISTENCE EXPENSES AND DEPENDENCY
ALLOWANCES) FOR THE RECIPIENTS OF THE AWARDS AS THE SECRETARY MAY DEEM
NECESSARY. A NATIONAL RESEARCH SERVICE AWARD MADE TO AN INDIVIDUAL FOR
RESEARCH OR RESEARCH TRAINING AT A NON-FEDERAL PUBLIC OR NONPROFIT
PRIVATE INSTITUTION SHALL ALSO PROVIDE FOR PAYMENTS TO BE MADE TO THE
INSTITUTION FOR THE COST OF SUPPORT SERVICES (INCLUDING THE COST OF
FACULTY SALARIES, SUPPLIES, EQUIPMENT, GENERAL RESEARCH SUPPORT, AND
RELATED ITEMS) PROVIDED SUCH INDIVIDUAL BY SUCH INSTITUTION. THE AMOUNT
OF ANY SUCH PAYMENTS TO ANY INSTITUTION SHALL BE DETERMINED BY THE
SECRETARY AND SHALL BEAR A DIRECT RELATIONSHIP TO THE REASONABLE COSTS
OF THE INSTITUTION FOR ESTABLISHING AND MAINTAINING THE QUALITY OF ITS
BIOMEDICAL AND BEHAVIORAL RESEARCH AND TRAINING PROGRAMS.
"(C)(1)(A) EACH INDIVIDUAL WHO RECEIVES A NATIONAL RESEARCH SERVICE
AWARD SHALL, IN ACCORDANCE WITH PARAGRAPH (3), ENGAGE IN--,
"(I) HEALTH RESEARCH OR TEACHING,
"(II) IF AUTHORIZED UNDER SUBPARAGRAPH (B), SERVE AS A MEMBER
OF THE NATIONAL HEALTH SERVICE CORPS OR SERVE IN HIS SPECIALTY, OR
"(III) IF AUTHORIZED UNDER SUBPARAGRAPH (C), SERVE IN A HEALTH
RELATED ACTIVITY APPROVED UNDER THAT SUBPARAGRAPH,
FOR A PERIOD COMPUTED IN ACCORDANCE WITH PARAGRAPH (2).
"(B) ANY INDIVIDUAL WHO RECEIVED A NATIONAL RESEARCH SERVICE AWARD
AND WHO IS A PHYSICIAN, DENTIST, NURSE, OR OTHER INDIVIDUAL TRAINED TO
PROVIDE HEALTH CARE DIRECTLY TO INDIVIDUAL PATIENTS MAY, UPON
APPLICATION TO THE SECRETARY, BE AUTHORIZED BY THE SECRETARY TO--,
"(I) SERVE AS A MEMBER OF THE NATIONAL HEALTH SERVICE CORPS,
"(II) SERVE IN HIS SPECIALTY IN PRIVATE PRACTICE IN A
GEOGRAPHIC AREA DESIGNATED BY THE SECRETARY AS REQUIRING THAT
SPECIALTY, OR
"(III) PROVIDES SERVICES IN HIS SPECIALTY FOR A HEALTH
MAINTENANCE ORGANIZATION TO WHICH PAYMENTS MAY BE MADE UNDER
SECTION 1876 OF TITLE XCIII OF THE SOCIAL SECURITY ACT //86 STAT.
1396; 87 STAT. 970, 971, 42 USC 1395MM.// AND WHICH SERVES A
MEDICALLY UNDERSERVED POPULATION (AS DEFINED IN SECTION 1302(7) OF
THIS ACT),
IN LIEU OF ENGAGING IN HEALTH RESEARCH OR TEACHING IF THE SECRETARY
DETERMINES THAT THERE ARE NO SUITABLE HEALTH RESEARCH OR TEACHING
POSITIONS AVAILABLE TO SUCH INDIVIDUAL.
"(C) WHERE APPROPRIATE THE SECRETARY MAY, UPON APPLICATION, AUTHORIZE
A RECIPIENT OF A NATIONAL RESEARCH SERVICE AWARD, WHO IS NOT TRAINED TO
PROVIDE HEALTH CARE DIRECTLY TO INDIVIDUAL PATIENTS, TO ENGAGE IN A
HEALTH-RELATED ACTIVITY IN LIEU OF ENGAGING IN HEALTH RESEARCH OR
TEACHING IF THE SECRETARY DETERMINES THAT THERE ARE NO SUITABLE HEALTH
RESEARCH OR TEACHING POSITIONS AVAILABLE TO SUCH INDIVIDUAL.
"(2) FOR EACH YEAR FOR WHICH AN INDIVIDUAL RECEIVES A NATIONAL
RESEARCH SERVICE AWARD HE SHALL--,
"(A) FOR TWELVE MONTHS ENGAGE IN HEALTH RESEARCH OR TEACHING
OR, IF SO AUTHORIZED, SERVE AS A MEMBER OF THE NATIONAL HEALTH
SERVICE CORPS, OR
"(B) IF AUTHORIZED UNDER PARAGRAPH (1)(B) OR (1)(C), FOR TWENTY
MONTHS SERVE IN HIS SPECIALTY OR ENGAGE IN A HEALTH-RELATED
ACTIVITY.
"(3) THE REQUIREMENT OF PARAGRAPH (1) SHALL BE COMPLIED WITH BY ANY
INDIVIDUAL TO WHOM IT APPLIES WITHIN SUCH REASONABLE PERIOD OF TIME,
AFTER THE COMPLETION OF SUCH INDIVIDUAL'S AWARD, AS THE SECRETARY SHALL
BY REGULATION PRESCRIBE. THE SECRETARY SHALL (A) BY REGULATION
PRESCRIBE (I) THE TYPE OR RESEARCH AND TEACHING WHICH AN INDIVIDUAL MAY
ENGAGE IN TO COMPLY WITH SUCH REQUIREMENT, AND (II) SUCH OTHER
REQUIREMENTS RESPECTING SUCH RESEARCH AND TEACHING AND ALTERNATIVE
SERVICE AUTHORIZED UNDER PARAGRAPHS (1)(B) AND (1)(C) AS HE DEEMS
NECESSARY; AND (B) TO THE EXTENT FEASIBLE, PROVIDE THAT THE MEMBERS OF
THE NATIONAL HEALTH SERVICE CORPS WHO ARE SERVING IN THE CORPS TO MEET
THE REQUIREMENT OF PARAGRAPH (1) SHALL BE ASSIGNED TO PATIENT CARE AND
TO POSITIONS WHICH UTILIZE THE CLINICAL TRAINING AND EXPERIENCE OF THE
MEMBERS.
"(4)(A) IF ANY INDIVIDUAL TO WHOM THE REQUIREMENT OF PARAGRAPH (1) IS
APPLICABLE FAILS, WITHIN THE PERIOD PRESCRIBED BY PARAGRAPH (3), TO
COMPLY WITH SUCH REQUIREMENT, THE UNITED STATES SHALL BE ENTITLED TO
RECOVER FROM SUCH INDIVIDUAL AN AMOUNT DETERMINED IN ACCORDANCE WITH THE
FORMULA--(OMITTED 88 STAT. 345, PAGE 4) IN WHICH 'A' IS THE AMOUNT THE
UNITED STATES IS ENTITLED TO RECOVER; '0' IS THE SUM OF THE TOTAL
AMOUNT PAID UNDER ONE OR MORE NATIONAL RESEARCH SERVICE AWARDS TO SUCH
INDIVIDUAL AND THE INTEREST ON SUCH AMOUNT WHICH WOULD BE PAYABLE IF AT
THE TIME IT WAS PAID IT WAS A LOAN BEARING INTEREST AT A RATE FIXED BY
THE SECRETARY OF THE TREASURY AFTER TAKING INTO CONSIDERATION PRIVATE
CONSUMER RATES OF INTEREST PREVAILING AT THE TIME EACH AWARD TO SUCH
INDIVIDUAL WAS MADE; 'T' IS THE TOTAL NUMBER OF MONTHS IN SUCH
INDIVIDUAL'S SERVICE OBLIGATION; AND 'S' IS THE NUMBER OF MONTHS OF
SUCH OBLIGATION SERVED BY HIM IN ACCORDANCE WITH PARAGRAPHS (1) AND (2)
OF THIS SUBSECTION.
"(B) ANY AMOUNT WHICH THE UNITED STATES IS ENTITLED TO RECOVER UNDER
SUBPARAGRAPH (A) SHALL, WITHIN THE THREE-YEAR PERIOD BEGINNING ON THE
DATE THE UNITED STATES BECOMES ENTITLED TO RECOVER SUCH AMOUNT, BE PAID
TO THE UNITED STATES. UNTIL ANY AMOUNT DUE THE UNITED STATES UNDER
SUBPARAGRAPH (A) ON ACCOUNT OF ANY NATIONAL RESEARCH SERVICE AWARD IS
PAID, THERE SHALL ACCRUE TO THE UNITED STATES INTEREST ON SUCH AMOUNT AT
THE SAME RATE AS THAT FIXED BY THE SECRETARY OF THE TREASURY UNDER
SUBPARAGRAPH (A) TO DETERMINE THE AMOUNT DUE THE UNITED STATES.
"(4)(A) ANY OBLIGATION OF ANY INDIVIDUAL UNDER PARAGRAPH (3) SHALL BE
CANCELED UPON THE DEATH OF SUCH INDIVIDUAL.
"(B) THE SECRETARY SHALL BY REGULATION PROVIDE FOR THE WAIVER OR
SUSPENSION OF ANY SUCH OBLIGATION APPLICABLE TO ANY INDIVIDUAL WHENEVER
COMPLIANCE BY SUCH INDIVIDUAL IS IMPOSSIBLE OR WOULD INVOLVE EXTREME
HARDSHIP TO SUCH INDIVIDUAL AND IF ENFORCEMENT OF SUCH OBLIGATION WITH
RESPECT TO ANY INDIVIDUAL WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE.
"(D) THERE ARE AUTHORIZED TO BE APPROPRIATED TO MAKE PAYMENTS UNDER
NATIONAL RESEARCH SERVICE AWARDS AND UNDER GRANTS FOR SUCH AWARDS
$207,947,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975. OF THE SUMS
APPROPRIATED UNDER THIS SUBSECTION, NOT LESS THAN 25 PER CENTUM SHALL BE
MADE AVAILABLE FOR PAYMENTS UNDER NATIONAL RESEARCH SERVICE AWARDS
PROVIDED BY THE SECRETARY UNDER SUBSECTION (A)(1)(A).
SEC. 473. //42 USC 2891 - 2.// (A) THE SECRETARY SHALL, IN
ACCORDANCE WITH SUBSECTION (B) ARRANGE FOR THE CONDUCT OF A CONTINUING
STUDY TO--,
"(1) ESTABLISH (A) THE NATION'S OVERALL NEED FOR BIOMEDICAL AND
BEHAVIORAL RESEARCH PERSONNEL, (B) THE SUBJECT AREAS IN WHICH SUCH
PERSONNEL ARE NEEDED AND THE NUMBER OF SUCH PERSONNEL NEEDED IN
EACH SUCH AREA, AND (C) THE KINDS AND EXTENT OF TRAINING WHICH
SHOULD BE PROVIDED SUCH PERSONNEL;
"(2) ASSESS (A) CURRENT TRAINING PROGRAMS AVAILABLE FOR THE
TRAINING OF BIOMEDICAL AND BEHAVIORAL RESEARCH PERSONNEL WHICH ARE
CONDUCTED UNDER THIS ACT AT OR THROUGH INSTITUTES UNDER THE
NATIONAL INSTITUTES OF HEALTH AND THE ALCOHOL, DRUG ABUSE, AND
MENTAL HEALTH ADMINISTRATION, AND (B) OTHER CURRENT TRAINING
PROGRAMS AVAILABLE FOR THE TRAINING OF SUCH PERSONNEL;
"(3) IDENTIFY THE KINDS OF RESEARCH POSITIONS AVAILABLE TO AND
HELD BY INDIVIDUALS COMPLETING SUCH PROGRAMS;
"(4) DETERMINE, TO THE EXTENT FEASIBLE, WHETHER THE PROGRAMS
REFERRED TO IN CLAUSE (B) OF PARAGRAPH (2) WOULD BE ADEQUATE TO
MEET THE NEEDS ESTABLISHED UNDER PARAGRAPH (1) IF THE PROGRAMS
REFERRED TO IN CLAUSE (A) OF PARAGRAPH (2) WERE TERMINATED; AND
"(5) DETERMINE WHAT MODIFICATIONS IN THE PROGRAMS REFERRED TO
IN PARAGRAPH (2) ARE REQUIRED TO MEET THE NEEDS ESTABLISHED UNDER
PARAGRAPH (1).
"(B)(1) THE SECRETARY SHALL REQUEST THE NATIONAL ACADEMY OF SCIENCES
TO CONDUCT THE STUDY REQUIRED BY SUBSECTION (A) UNDER AN ARRANGEMENT
UNDER WHICH THE ACTUAL EXPENSES INCURRED BY SUCH ACADEMY IN CONDUCTING
SUCH STUDY WILL BE PAID BY THE SECRETARY SHALL ENTER INTO SUCH AN
ARRANGEMENT WITH SUCH ACADEMY FOR THE CONDUCT OF SUCH STUDY.
"(2) IF THE NATIONAL ACADEMY OF SCIENCES IS UNWILLING TO CONDUCT SUCH
STUDY UNDER SUCH AN ARRANGEMENT, THEN THE SECRETARY SHALL ENTER INTO A
SIMILAR ARRAGNEMENT WITH OTHER APPROPRIATE NONPROFIT PRIVATE GROUPS OR
ASSOCIATIONS UNDER WHICH SUCH GROUPS OR ASSOCIATIONS WILL CONDUCT SUCH
STUDY AND PREPARE AND SUBMIT THE REPORTS THEREON AS PROVIDED IN
SUBSECTION (C).
"(C) A REPORT ON THE RESULTS OF SUCH STUDY SHALL BE SUBMITTED BY THE
SECRETARY TO THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE
HOUSE OF REPRESENTATIVES AND THE COMMITTEE ON LABOR AND PUBLIC WELFARE
OF THE SENATE NOT LATER THAN MARCH 31 OF EACH YEAR."
SEC. 104. (A)(1) SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT //58
STAT. 691; 79 STAT. 448, 42 USC 241.// IS AMENDED (A) BY STRIKING OUT
PARAGRAPH (C); (B) BY STRIKING OUT IN PARAGRAPH (D) "OR RESEARCH
TRAINING" EACH PLACE IT OCCURS, "AND RESEARCH TRAINING PROGRAMS", AND
"AND RESEARCH TRAINING PROGRAM"; AND (C) BY REDESIGNATING PARAGRAPHS
(D), (E), (F), (G), (H), AND (I) AS PARAGRAPHS (C), (D), (E), (F), (G),
AND (H), RESPECTIVELY.
(2)(A) SECTION 303(A)(1) OF SUCH ACT //70 STAT. 929, 42 USC 242A.//
IS AMENDED TO READ AS FOLLOWS:
"(1) TO PROVIDE CLINICAL TRAINING AND INSTRUCTION AND TO
ESTABLISH AND MAINTAIN CLINICAL TRAINEESHIPS (WITH SUCH STIPENDS
AND ALLOWANCES (INCLUDING TRAVEL AND SUBSISTENCE EXPENSES AND
DEPENDENCY ALLOWANCES) FOR THE TRAINEES AS THE SECRETARY MAY DEEM
NECESSARY);".
(B) SECTION 303(B) OF SUCH ACT //60 STAT. 423.// IS AMENDED BY
INSERTING BEFORE THE FIRST SENTENCE THE FOLLOWING: "THE SECRETARY MAY
PROVIDE FOR TRAINING, INSTRUCTION, AND TRAINEESHIPS UNDER SUBSECTION
(A)(1) THROUGH GRANTS TO PUBLIC AND OTHER NONPROFIT INSTITUTIONS.".
(3) SECTION 402(A) OF SUCH ACT //58 STAT. 707; 85 STAT. 784, 42 USC
282.// IS AMENDED (A) BY STRIKING OUT "TRAINING AND INSTRUCTION" IN
PARAGRAPH (3) AND INSERTING IN LIEU THEREOF "CLINICAL TRAINING AND
INSTRUCTION", AND (B) BY STRIKING OUT PARAGRAPH (4) AND BY REDESIGNATING
PARAGRAPHS (5), (6), AND (7) AS PARAGRAPHS (4), (5), AND (6),
RESPECTIVELY.
(4) SECTION 407(B)(7) OF SUCH ACT //85 STAT. 779, 42 USC 286A.// IS
AMENDED (A) BY STRIKING OUT "AND BASIC RESEARCH AND TREATMENT", AND (B)
BY STRIKING OUT "WHERE APPROPRIATE".
(5) SECTION 408(B)(3) OF SUCH ACT //85 STAT. 781, 42 USC 286B.// IS
AMENDED BY INSERTING "CLINICAL" BEFORE "TRAINING" EACH PLACE IT OCCURS.
(6) SECTION 412(7) OF SUCH ACT //62 STAT. 464; 86 STAT. 686, 42 USC
287A.// IS AMENDED BY STRIKING OUT "(1) ESTABLISH AND MAINTAIN" AND ALL
THAT FOLLOWS DOWN THROUGH AND INCLUDING "MAINTAIN TRAINEESHIPS" AND
INSERTING IN LIEU THEREOF ", PROVIDE CLINICAL TRAINING AND INSTRUCTION
AND ESTABLISH AND MAINTAIN CLINICAL TRAINEESHIPS".
(7) SECTION 413(A)(7) //86 STAT. 680, 42 USC 287B.// IS AMENDED BY
INSERTING "CLINICAL" BEFORE "PROGRAMS".
(8) SECTION 415(B) //86 STAT. 683, 42 USC 287D// IS AMENDED BY
INSERTING BEFORE THE PERIOD AT THE END OF THE LAST SENTENCE THEREOF THE
FOLLOWING: "; AND THE TERM 'TRAINING' DOES NOT INCLUDE RESEARCH
TRAINING FOR WHICH FELLOWSHIP SUPPORT MAY BE PROVIDED UNDER SECTION
472".
(9) SECTION 422 OF SUCH ACT //62 STAT. 598, 42 USC 288A.// IS AMENDED
(A) BY STRIKING OUT PARAGRPAH (C) AND BY REDESIGNATING PARAGRAPHS (D),
(E), AND (F) AS PARAGRAPHS (C), (D), AND (E), RESPECTIVELY, AND (B) BY
STRIKING OUT "TRAINING AND INSTRUCTION AND ESTABLISH AND MAINTAIN
TRAINEESHIPS" IN PARAGRAPH (E) (AS SO REDESIGNATED) AND INSETTING IN
LIEU THEREOF "CLINICAL TRAINING AND INSTRUCTION AND ESTABLISH AND
MAINTAIN CLINICAL TRAINEESHIPS".
(10) SECTION 434(C)(2) OF SUCH ACT //86 STAT. 162, 42 USC 289C - 1.//
IS AMENDED BY INSERTING "(OTHER THAN RESEARCH TRAINING FOR WHICH
NATIONAL RESEARCH SERVICE AWARDS MAY BE MADE UNDER SECTION 472)" AFTER
"TRAINING" THE FIRST TIME IT OCCURS.
(11) SECTIONS 433(A), 444, AND 453 OF SUCH ACT //82 STAT. 785. 76
STAT. 1073, 82 STAT. 772, 42 USC 289C, 289G, 289K.// ARE EACH AMENDED BY
STRIKING OUT THE SECOND SENTENCE THEREOF.
(12) THE HEADING FOR PART I OF TITLE IV OF SUCH ACT (AS SO
REDESIGNATED BY SECTION 103) IS AMENDED BY STRIKING OUT "ADMINISTRATIVE"
AND INSERTING IN LIEU THEREOF "GENERAL."
(B) THE AMENDMENTS MADE BY SUBSECTION (A) //ANTE, P. 342.// SHALL NOT
APPLY WITH RESPECT TO COMMITMENTS MADE BEFORE THE DATE OF THE ENACTMENT
OF THIS ACT BY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE FOR
RESEARCH TRAINING UNDER THE PROVISIONS OF THE PUBLIC HEALTH SERVICE ACT
AMENDED OR REPEALED BY SUBSECTION (A).
SEC. 105. SECTION 799A OF THE PUBLIC HEALTH SERVICE ACT //85 STAT.
461, 42 USC 295H - 9.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: "IN THE CASE OF A SCHOOL OF MEDICINE WHICH--,
"(1) ON THE DATE OF THE ENACTMENT OF THIS SENTENCE IS IN THE
PROCESS OF CHANGING ITS STATUS AS AN INSTITUTION WHICH ADMITS ONLY
FEMALE STUDENTS TO THAT OF AN INSTITUTION WHICH ADMITS STUDENTS
WITHOUT REGARD TO THEIR SEX, AND
"(2) IS CARRYING OUT SUCH CHANGE IN ACCORDANCE WITH A PLAN
APPROVED BY THE SECRETARY,
THE PROVISIONS OF THE PRECEDING SENTENCES OF THIS SECTION SHALL APPLY
ONLY WITH RESPECT TO A GRANT, CONTRACT, LOAN GUARANTEE, OR INTEREST
SUBSIDY TO, OR FOR THE BENEFIT OF SUCH A SCHOOL FOR A FISCAL YEAR
BEGINNING AFTER JUNE 30, 1979."
SEC. 106. SECTION 773(A) OF THE PUBLIC HEALTH SERVICE ACT //85 STAT.
446, 42 USC 295F - 3.// IS AMENDED (1) BY STRIKING OUT "$10,000,000" AND
INSERTING IN LIEU THEREOF "$15,000,000", AND (2) BY STRIKING OUT "1972"
EACH PLACE IT OCCURS IN THE LAST SENTENCE THEREOF AND INSERTING IN LIEU
THEREOF "1974".
SEC. 201. //42 USC 2891 - 1 NOTE.// (A) THERE IS ESTABLISHED A
COMMISSION TO BE KNOWN AS THE NATIONAL COMMISSION FOR THE PROTECTION OF
HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH (HEREINAFTER IN
THIS TITLE REFERRED TO AS THE "COMMISSION").
(B)(1) THE COMMISSION SHALL BE COMPOSED OF ELEVEN MEMBERS APPOINTED
BY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE (HEREINAFTER IN THIS
TITLE REFERRED TO AS THE "SECRETARY"). THE SECRETARY SHALL SELECT
MEMBERS OF THE COMMISSION FROM INDIVIDUALS DISTINGUISHED IN THE FIELDS
OF MEDICINE, LAW, ETHICS, THEOLOGY, THE BIOLOGICAL, PHYSICAL, BEHAVIORAL
AND SOCIAL SCIENCES, PHILOSOPHY, HUMANITIES, HEALTH ADMINISTRATION,
GOVERNMENT, AND PUBLIC AFFAIRS; BUT FIVE (AND NOT MORE THAN FIVE) OF
THE MEMBERS OF THE COMMISSION SHALL BE INDIVIDUALS WHO ARE OR WHO HAVE
BEEN ENGAGED IN BIOMEDICAL OR BEHAVIORAL RESEARCH INVOLVING HUMAN
SUBJECTS. IN APPOINTING MEMBERS OF THE COMMISSION, THE SECRETARY SHALL
GIVE CONSIDERATION TO RECOMMENDATIONS FROM THE NATIONAL ACADEMY OF
SCIENCES AND OTHER APPROPRIATE ENTITIES. MEMBERS OF THE COMMISSION
SHALL BE APPOINTED FOR THE LIFE OF THE COMMISSION. THE SECRETARY SHALL
APPOINT THE MEMBERS OF THE COMMISSION WITHIN SIXTY DAYS OF THE DATE OF
THE ENACTMENT OF THIS ACT.
(2)(A) EXCEPT AS PROVIDED IN SUBPARAGRAPH (B), MEMBERS OF THE
COMMISSION SHALL EACH BE ENTITLED TO RECEIVE THE DAILY EQUIVALENT OF THE
ANNUAL RATE OF THE 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 THE DUTIES OF THE
COMMISSION.
(B) MEMBERS OF THE COMMISSION WHO ARE FULL-TIME OFFICERS OR EMPLOYEES
OF THE UNITED STATES SHALL RECEIVE NO ADDITIONAL PAY ON ACCOUNT OF THEIR
SERVICE ON THE COMMISSION.
(C) WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS IN THE
PERFORMANCE OF DUTIES OF THE COMMISSION, MEMBERS OF THE COMMISSION 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. //80 STAT. 499; 83 STAT. 190.//
(C) THE CHAIRMAN OF THE COMMISSION SHALL BE SELECTED BY THE MEMBERS
OF THE COMMISSION FROM AMONG THEIR NUMBER.
(D)(1) THE COMMISSION MAY APPOINT AND FIX THE PAY OF SUCH STAFF
PERSONNEL AS IT DEEMS DESIRABLE. SUCH PERSONNEL SHALL BE APPOINTED
SUBJECT TO THE PROVISIONS OF TITLE 5. UNITED STATES CODE, //80 STAT.
378, 5 USC 101 ET SEQ.// GOVERNING APPOINTMENTS IN THE COMPETITIVE
SERVICE, AND SHALL BE PAID IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER
51 AND SUBCHAPTER III OF CHAPTER 53 OF SUCH TITLE //5 USC 5101, 5331,
5332 NOTE.// RELATING TO CLASSIFICATION AND GENERAL SCHEDULE PAY RATES.
(2) THE COMMISSION MAY PROCURE TEMPORARY AND INTERMITTENT SERVICES TO
THE SAME EXTENT AS IS AUTHORIZED BY SECTION 3109(B) OF TITLE 5 OF THE
UNITED STATES CODE, //80 STAT. 416.// BUT AT RATES FOR INDIVIDUALS NOT
TO EXCEED THE DAILY EQUIVALENT OF THE ANNUAL RATE OF BASIC PAY IN EFFECT
FOR GRADE GS-18 OF THE GENERAL SCHEDULE.
SEC. 202. //42 USC 2891 - 1 NOTE.// (A) THE COMMISSION SHALL CARRY
OUT THE FOLLOWING:
(1)(A) THE COMMISSION SHALL (I) CONDUCT A COMPREHENSIVE INVESTIGATION
AND STUDY TO IDENTIFY THE BASIC ETHICAL PRINCIPLES WHICH SHOULD UNDERLIE
THE CONDUCT OF BIOMEDICAL AND BEHAVIORAL RESEARCH INVOLVING HUMAN
SUBJECTS, (II) DEVELOP GUIDELINES WHICH SHOULD BE FOLLOWED IN SUCH
RESEARCH TO ASSURE THAT IT IS CONDUCTED IN ACCORDANCE WITH SUCH
PRINCIPLES, AND (III) MAKE RECOMMENDATIONS TO THE SECRETARY (I) FOR SUCH
ADMINISTRATIVE ACTION AS MAY BE APPROPRIATE TO APPLY SUCH GUIDELINES TO
BIOMEDICAL AND BEHAVIORAL RESEARCH CONDUCTED OR SUPPORTED UNDER PROGRAMS
ADMINISTERED BY THE SECRETARY, AND (II) CONCERNING ANY OTHER MATTER
PERTAINING TO THE PROTECTION OF HUMAN SUBJECTS OF BIOMEDICAL AND
BAHAVIORAL RESEARCH.
(B) IN CARRYING OUT SUBPARAGRAPH (A), THE COMMISSION SHALL CONSIDER
AT LEAST THE FOLLOWING:
(I) THE BOUNDARIES BETWEEN BIOMEDICAL OR BEHAVIORAL RESEARCH
INVOLVING HUMAN SUBJECTS AND THE ACCEPTED AND ROUTINE PRACTICE OF
MEDICINE.
(II) THE ROLE OF ASSESSMENT OF RISK-BENEFIT CRITERIA IN THE
DETERMINATION OF THE APPROPRIATENESS OF RESEARCH INVOLVING HUMAN
SUBJECTS.
(III) APPROPRIATE GUIDELINES FOR THE SELECTION OF HUMAN
SUBJECTS FOR PARTICIPATION IN BIOMEDICAL AND BEHAVIORAL RESEARCH.
(IV) THE NATURE AND DEFINITION OF INFORMED CONSENT IN VARIOUS
RESEARCH SITTINGS.
(V) MECHANISMS FOR EVALUATING AND MONITORING THE PERFORMANCE OF
INSTITUTIONAL REVIEW BOARDS ESTABLISHED IN ACCORDANCE WITH SECTION
474 OF THE PUBLIC HEALTH SERVICE ACT //POST, P. 352.// AND
APPROPRIATE ENFORCEMENT MECHANISMS FOR CARRYING OUT THEIR
DECISIONS.
(C) THE COMMISSION SHALL CONSIDER THE APPROPRIATENESS OF APPLYING THE
PRINCIPLES AND GUIDELINES IDENTIFIED AND DEVELOPED UNDER SUBPARAGRAPH
(A) TO THE DELIVERY OF HEALTH SERVICES TO PATIENTS UNDER PROGRAMS
CONDUCTED OR SUPPORTED BY THE SECRETARY.
(2) THE COMMISSION SHALL IDENTIFY THE REQUIREMENTS FOR INFORMED
CONSENT TO PARTICIPATION IN BIOMEDICAL AND BEHAVIORAL RESEARCH BY
CHILDREN, PRISONERS, AND THE INSTITUTIONALIZED MENTALLY INFIRM. THE
COMMISSION SHALL INVESTIGATE AND STUDY BIOMEDICAL AND BEHAVIORAL
RESEARCH CONDUCTED OR SUPPORTED UNDER PROGRAMS ADMINSITERED BY THE
SECRETARY AND INVOLVING CHILDREN, PRISONERS, AND THE INSTITUTIONALIZED
MENTALLY INFIRM TO DETERMINE THE NATURE OF THE CONSENT OBTAINED FROM
SUCH PERSONS OR THEIR LEGAL REPRESENTATIVES BEFORE SUCH PERSONS WERE
INVOLVED IN SUCH RESEARCH; THE ADEQUACY OF THE INFORMATION GIVEN THEM
RESPECTING THE NATURE AND PURPOSE OF THE RESEARCH, PROCEDURES TO BE
USED, RISKS AND DISCOMFORTS, ANTICIPATED BENEFITS FROM THE RESEARCH, AND
OTHER MATTERS NECESSARY FOR INFORMED CONSENT; AND THE COMPETENCE AND
THE FREEDOM OF THE PERSONS TO MAKE A CHOICE FOR OR AGAINST INVOLVEMENT
IN SUCH RESEARCH. ON THE BASIS OF SUCH INVESTIGATION AND STUDY THE
COMMISSION SHALL MAKE SUCH RECOMMENDATIONS TO THE SECRETARY AS IT
DETERMINES APPROPRIATE TO ASSURE THAT BIOMEDICAL AND BEHAVIORAL RESEARCH
CONDUCTED OR SUPPORTED UNDER PROGRAMS ADMINISTERED BY HIM MEETS THE
REQUIREMENTS RESPECTING INFORMED CONSENT IDENTIFIED BY THE COMMISSION.
FOR PURPOSES OF THIS PARAGRAPH, THE TERM "CHILDREN" MEANS INDIVIDUAL
SWHO HAVE NOT ATTAINED THE LEGAL AGE OF CONSENT TO PARTICIPATE IN
RESEARCH AS DETERMINED UNDER THE APPLICABLE LAW OF THE JURISDICTION IN
WHICH THE RESEARCH IS TO BE CONDUCTED; THE TERM "PRISONER" MEANS
INDIVIDUALS INVOLUNTARILY CONFINED IN CORRECTIONAL INSTITUTIONS OR
FACILITES (AS DEFINED IN SECTION 601 OF THE OMNIBUS CRIME CONTROL AND
SAFE STREETS ACT OF 1968 (42 U.S.C. 3781)); //84 STAT. 1887, 1888.//
AND THE TERM "INSTITUTIONALIZED MENTALLY INFIRM" INCLUDES INDIVIDUALS
WHO ARE MENTALLY ILL, MENTALLY RETARDED, EMOTIONALLY DISTURBED,
PSYCHOTIC, OR SENILE, OR WHO HAVE OTHR IMPAIRMENTS OF A SIMILAR NATURE
AND WHO RESIDE AS PATIENTS IN AN INSTITUTION.
(3) THE COMMISSION SHALL CONDUCT AN INVESTIGATION AND STUDY TO
DETERMINE THE NEED FOR A MECHANISM TO ASSURE THAT HUMAN SUBJECTS IN
BIOMEDICAL AND BEHAVIORAL RESEARCH NOT SUBJECT TO REGULATION BY THE
SECRETARY ARE PROTECTED. IF THE COMMISSION DETERMINES THAT SUCH A
MECHANISM IS NEEDED, IT SHALL DEVELOP AND RECOMMENT TO THE CONGRESS SUCH
A MECHANISM. THE COMMISSION MAY CONTRACT FOR THE DESIGN OF SUCH A
MECHANISM TO BE INCLUDED IN SUCH RECOMMENDATIONS.
(B) THE COMMISSION SHALL CONDUCT AN INVESTIGATION AND STUDY OF THE
NATURE AND EXTENT OF RESEARCH INVOLVING LIVING FETUSES, THE PURPOSES FOR
WHICH SUCH RESEARCH HAS BEEN UNDERTAKEN, AND ALTERNATIVE MEANS FOR
ACHIEVING SUCH PURPOSES. THE COMMISSION SHALL, NOT LATER THAN THE
EXPIRATION OF THE 4-MONTH PERIOD BEGINNING ON THE FIRST DAY OF THE FIRST
MONTH THAT FOLLOWS THE DATE ON WHICH ALL THE MEMBERS OF THE COMMISSION
HAVE TAKEN OFFICE, RECOMMEND TO THE SECRETARY POLICIES DEFINING THE
CIRCUMSTANCES (IF ANY) UNDER WHICH SUCH RESEARCH MAY BE CONDUCTED OR
SUPPORTED.
(C) THE COMMISSION SHALL CONDUCT AN INVESTIGATION AND STUDY OF THE
USE OF PSYCHOSURGERY IN THE UNITED STATES DURING THE FIVE-YEAR PERIOD
ENDING DECEMBER 31, 1972. THE COMMISSION SHALL DETERMINE THE
APPROPRIATENESS OF ITS USE, EVALUATE THE NEED FOR IT, AND RECOMMEND TO
THE SECRETARY POLICIES DEFINING THE CIRCUMSTANCES (IF ANY) UNDER WHICH
ITS USE MAY BE APPROPRIATE. FOR PUSPOSES OF THIS PARAGRAPH, THE TERM
"PSYCHOSURGERY" MEANS BRAIN SURGERY ON (1) NOTMAL BRAIN TISSUE OF AN
INDIVIDUAL, WHO DOES NOT SUFFER FROM ANY PHYSICAL DISEASE, FOR THE
PURPOSE OF CHANGING OR CONTROLLING THE BEHAVIOR OR EMOTIONS OF SUCH
INDIVIDUAL, OR (2) DISEASED BRAIN TISSUE OF AN INDIVIDUAL, IF THE SOLE
OBJECT OF THE PERFORMANCE OF SUCH SURGERY IS TO CONTROL, CHANGE, OR
AFFECT ANY BEHAVIORAL OR EMOTIONAL DISTRUBANCE OF SUCH INDIVIDUAL. SUCH
TERM DOES NOT INCLUDE BRAIN SURGERY DESIGNED TO CURE OR AMELIORATE THE
EFFECTS OF EPILEPSY AND ELECTRIC SHOCK TREATMENTS.
(D) THE COMMISSION SHALL MAKE RECOMMENDATIONS TO THE CONGRESS
RESPECTING THE FUNCTIONS AND AUTHORITY OF THE NATIONAL ADVISORY COUNCIL
FOR THE PROTECTION OF SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH TO
BE ESTABLISHED UNDER SECTION 217(F) OF THE PUBLIC HEALTH SERVICE ACT.
//POST, P. 351.//
SEC. 203. //42 USC 2891 - 1 NOTE.// THE COMMISSION SHALL UNDERTAKE A
CONMPREHENSIVE STUDY OF THE ETHICAL, SOCIAL, AND LEGAL IMPLICATIONS OF
ADVANCES IN BIOMEDICAL AND BEHAVIORAL RESEARCH AND TECHNOLOGY. SUCH
STUDY SHALL INCLUDE--,
(1) AN ANALYSIS AND EVALUATION OF SCIENTIFIC AND TECHNOLOGICAL
ADVANCES IN PAST, PRESENT, AND PROJECTED BIOMEDICAL AND BEHAVIORAL
RESEARCH AND SERVICES;
(2) AN ANALYSIS AND EVALUATION OF THE IMPLICATIONS OF SUCH
ADVANCES, BOTH FOR INDIVIDUALS AND SOCIETY;
(3) AN ANALYSIS AND EVALUATION OF LAWS AND MORAL AND ETHICAL
PRINCIPLES GOVERNING THE USE OF TECHNOLOGY IN MEDICAL PRACTICE;
(4) AN ANALYSIS AND EVALUATION OF PUBLIC UNDERSTANDING OF AND
ATTITUDES TOWARD SUCH IMPLICATIONS AND LAWS AND PRINCIPLES; AND
(5) AN ANALYSIS AND EVALUATION OF IMPLICATIONS FOR PUBLIC
POLICY OF SUCH FINDINGS AS ARE MADE BY THE COMMISSION WITH RESPECT
TO ADVANCES IN BIOMEDICAL AND BEHAVIORAL RESEARCH AND TECHNOLOGY
AND PUBLIC ATTITUDES TOWARD SUCH ADVANCES.
SEC. 204. //42 USC 2891 - 1 NOTE.// (A) THE COMMISSION MAY FOR THE
PURPOSE OF CARRYING OUT ITS DUTIES UNDER SECTIONS 202 AND 203 HOLD SUCH
HEARINGS, SIT AND ACT AT SUCH TIMES AND PLACES, TAKE SUCH TESTIMONY, AND
RECEIVE SUCH EVIDENCE AS THE COMMISSION DEEMS ADVISABLE.
(B) THE COMMISSION MAY SECURE DIRECTLY FROM ANY DEPARTMENT OR AGENCY
OF THE UNITED STATES INFORMATION NECESSARY TO ENABLE IT TO CARRY OUT ITS
DUTIES. UPON THE REQUEST OF THE CHAIRMAN OF THE COMMISSION, THE HEAD OF
SUCH DEPARTMENT OR AGENCY SHALL FURNISH SUCH INFORMATION TO THE
COMMISSION.
(C) THE COMMISSION SHALL NOT DISCLOSE ANY INFORMATION REPORTED OT OR
OTHERWISE OBTAINED BY IT IN CARRYING OUT ITS DUTIES WHICH (1) IDENTIFIES
ANY INDIVIDUAL WHO HAS BEEN THE SUBJECT OF AN ACTIVITY STUDIED AND
INVESTIGATED BY THE COMMISSION, OR (2) WHICH CONCERNS ANY INFORMATION
WHICH CONTAINS OR RELATES TO A TRADE SECRET OR OTHER MATTER REFERRED TO
IN SECTION 1905 OF TITLE 18 OF THE UNITED STATES CODE. //62 STAT. 791.//
(D) EXCEPT AS PROVIDED IN SUBSECTION (B) OF SECTION 202, THE
COMMISSION SHALL COMPLETE ITS DUTIES UNDER SECTIONS 202 AND 203 NOT
LATER THAN THE EXPIRATION OF THE 24-MONTH PERIOD BEGINNING ON THE FIRST
DAY OF THE FIRST MONTH THAT FOLLOWS THE DATE ON WHICH ALL THE MEMBERS OF
THE COMMISSION HAVE TAKEN OFFICE. THE COMMISSION SHALL MAKE PERIODIC
REPORTS TO THE PRESIDENT, THE CONGRESS, AND THE SECRETARY RESPECTING ITS
ACTIVITIES UNDER SECTIONS 202 AND 203 AND SHALL, NOT LATER THAN NINETY
DAYS AFTER THE EXPIRATION OF SUCH 24-MONTH PERIOD, MAKE A FINAL REPORT
TO THE PRESIDENT, THE CONGRESS, AND THE SECRETARY RESPECTING SUCH
ACTIVITIES AND INCLUDING ITS RECOMMENDATIONS FOR ADMINISTRATIVE ACTION
AND LEGISLATION.
(E) THE COMMISSION SHALL CEASE TO EXIST THIRTY DAYS FOLLOWING THE
SUBMISSION OF ITS FINAL REPORT PURSUANT TO SUBSECTION (D).
SEC. 205. //42 USC 2891 - 1 NOTE.// WITHIN 60 DAYS OF THE RECEIPT OF
ANY RECOMMENDATION MADE BY THE COMMISSION UNDER SECTION 202, THE
SECRETARY SHALL PUBLISH IT IN THE FEDERAL REGISTER AND PROVIDE
OPPORTUNITY FOR INTERESTED PERSONS TO SUBMIT WRITTEN DATA, VIEWS, AND
ARGUMENTS WITH RESPECT TO SUCH RECOMMENDATION. THE SECRETARY SHALL
CONSIDER THE COMMISSION'S RECOMMENDATION AND RELEVANT MATTER SUBMITTED
WITH RESPECT TO IT AND, WITHIN 180 DAYS OF THE DATE OF ITS PUBLICATION
IN THE FEDERAL REGISTER, THE SECRETARY SHALL (1) DETERMINE WHETHER THE
ADMINISTRATIVE ACTION PROPOSED BY SUCH RECOMMENDATION IS APPROPRIATE TO
ASSURE THE PROTECTION OF HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL
RESEARCH CONDUCTED OR SUPPORTED UNDER PROGRAMS ADMINISTERED BY HIM, AND
(2) IF HE DETERMINES THAT SUCH ACTION IS NOT SO APPROPRIATE, PUBLISH IN
THE FEDERAL REGISTER SUCH DETERMINATION TOGETHER WITH AN ADEQUATE
STATEMENT OF THE REASONS FOR HIS DETERMINATION. IF THE SECRETARY
DETERMINES THAT ADMINISTRATIVE ACTION RECOMMENDED BY THE COMMISSION
SHOULD BE UNDERTAKEN BY HIM, HE SHALL UNDERTAKE SUCH ACTION AS
EXPEDITIOUSLY AS IS FEASIBLE.
SEC. 211. (A) SECTION 217 OF THE PUBLIC HEALTH SERVICE ACT //58
STAT. 691; 86 STAT. 85, 42 USC 218.// IS AMENDED BY ADDING AT THE END
THE FOLLOWING NEW SUBSECTION:
"(F)(1) THERE SHALL BE ESTABLISHED A NATIONAL ADVISORY COUNCIL FOR
THE PROTECTION OF SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH
(HEREINAFTER IN THIS SUBSECTION REFERRED TO AS THE 'COUNCIL') WHICH
SHALL CONSIST OF THE SECRETARY WHO SHALL BE CHAIRMAN AND NOT LESS THAN
SEVEN NOR MORE THAN FIFTEEN OTHER MEMBERS WHO SHALL BE APPOINTED BY THE
SECRETARY WITHOUT REGARD TO THE PROVISIONS OF TITLE 5, UNITED STATES
CODE, //80 STAT. 378, 5 USC 101 ET SEQ.// GOVERNING APPOINTMENTS IN THE
COMPETITIVE SERVICE. THE SECRETARY SHALL SELECT MEMBERS OF THE COUNCIL
FROM INDIVIDUALS DISTINGUISHED IN THE FIELDS OF MEDICINE, LAW, ETHICS,
THEOLOGY, THE BIOLOGICAL, PHYSICAL, BEHAVIORAL AND SOCIAL SCIENCES,
PHILOSOPHY, HUMANITIES, HEALTH ADMINISTRATION, GOVERNMENT, AND PUBLIC
AFFAIRS; BUT THREE (AND NOT MORE THAN THREE) OF THE MEMBERS OF THE
COUNCIL SHALL BE INDIVIDUALS WHO ARE OR WHO HAVE BEEN ENGAGED IN
BIOMEDICAL OR BEHAVIORAL RESEARCH INVOLVING HUMAN SUBJECTS. NO
INDIVIDUAL WHO WAS APPOINTED TO BE A MEMBER OF THE NATIONAL COMMISSION
FOR THE PROTECTION OF HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL
RESEARCH (ESTABLISHED UNDER TITLE II OF THE NATIONAL RESEARCH ACT)
//ANTE, P. 348.// MAY BE APPOINTED TO BE A MEMBER OF THE COUNCIL. THE
APPOINTED MEMBERS OF THE COUNCIL SHALL HAVE TERMS OF OFFICE OF FOUR
YEARS, EXCEPT THAT FOR THE PURPOSE OF STAGGERING THE EXPIRATION OF THE
TERMS OF OFFICE OF THE COUNCIL MEMBERS, THE SECRETARY SHALL, AT THE TIME
OF APPOINTMENT, DESIGNATE A TERM OF OFFICE OF LESS THAN FOUR YEARS FOR
MEMBERS FIRST APPOINTED TO THE COUNCIL.
"(2) THE COUNCIL SHALL--,
"(A) ADVISE, CONSULT WITH, AND MAKE RECOMMENDATIONS TO, THE
SECRETARY CONCERNING ALL MATTERS PERTAINING TO THE PROTECTION OF
HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH;
"(B) REVIEW POLICIES, REGULATIONS, AND OTHER REQUIREMENTS OF
THE SECRETARY GOVERNING SUCH RESEARCH TO DETERMINE THE EXTENT TO
WHICH SUCH POLICIES, REGULATIONS, AND REQUIREMENTS REQUIRE AND ARE
EFFECTIVE IN REQUIRING OBSERVANCE IN SUCH RESEARCH OF THE BASIC
ETHICAL PRINCIPLES WHICH SHOULD UNDERLIE THE CONDUCT OF SUCH
RESEARCH AND, TO THE EXTENT SUCH POLICIES, REGULATIONS, OR
REQUIREMENTS DO NOT REQUIRE OR ARE NOT EFFECTIVE IN REQUIRING
OBSERVANCE OF SUCH PRINCIPLES, MAKE RECOMMENDATIONS TO THE
SECRETARY RESPECTING APPROPRIATE REVISION OF SUCH POLICIES,
REGULATIONS, OR REQUIREMENTS; AND
"(C) REVIEW PERIODICALLY CHANGES IN THE SCOPE, PURPOSE, AND
TYPES OF BIOMEDICAL AND BEHAVIORAL RESEARCH BEING CONDUCTED AND
THE IMPACT SUCH CHANGES HAVE ON THE POLICIES, REGULATIONS, AND
OTHER REQUIREMENTS OF THE SECRETARY FOR THE PROTECTION OF HUMAN
SUBJECTS OF SUCH RESEARCH.
"(3) THE COUNCIL MAY DISSEMINATE TO THE PUBLIC SUCH INFORMATION
RECOMMENDATIONS, AND OTHER MATTERS RELATING TO ITS FUNCTIONS AS IT DEEMS
APPROPRIATE.
"(4) SECTION 14 OF THE FEDERAL ADVISORY COMMITTEE ACT //86 STAT.
776, 5 USC APP. I.// SHALL NOT APPLY WITH RESPECT TO THE COUNCIL."
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL TAKE EFFECT JULY 1,
1976. //42 USC 218 NOTE.//
SEC. 212. (A) PART I OF TITLE IV OF THE PUBLIC HEALTH SERVICE ACT,
AS AMENDED BY SECTION 103 OF THIS ACT, ANTE, P. 342.// IS AMENDED BY
ADDING AT THE END THE FOLLOWING NEW SECTION:
"SEC. 474. //42 USC 2891 - 3.// (A) THE SECRETARY SHALL BY
REGULATION REQUIRE THAT EACH ENTITY WHICH APPLIES FOR A GRANT OR
CONTRACT UNDER THIS ACT FOR ANY PORJECT OR PROGRAM WHICH INVOLVES THE
CONDUCT OF BIOMEDICAL OR BEHAVIORAL RESEARCH INVOLVING HUMAN SUBJECTS
SUBMIT IN OR WITH ITS APPLICATION FOR SUCH GRANT OR CONTRACT ASSURANCES
SATISFACTORY TO THE SECRETARY THAT IT HAS ESTABLISHED (IN ACCORDANCE
WITH REGULATIONS WHICH TH SECRETARY SHALL PRESCRIBE) A BOARD (TO BE
KNOWN AS AN 'INSTITUTIONAL REVIEW BOARD') TO REVIEW BIOMEDICAL AND
BEHAVIORAL RESEARCH INVOLVING HUMAN SUBJECTS CONDUCTED AT OR SPONSORED
BY SUCH ENTITY IN ORDER TO PROTECT THE RIGHTS OF THE HUMAN SUBJECTS OF
SUCH RESEARCH.
"(B) THE SECRETARY SHALL ESTABLISH A PROGRAM WITHIN THE DEPARTMENT
UNDER WHICH REQUESTS FOR CLARIFICATION AND GUIDANCE WITH RESPECT TO
ETHICAL ISSUES RAISED IN CONNECTION WITH BIOMEDICAL OR BEHAVIORAL
RESEARCH INVOLVING HUMAN SUBJECTS ARE RESPONDED TO PROMPTLY AND
APPROPRIATELY."
(B) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE SHALL WITHIN 240
DAYS OF THE DATE OF THE ENACTMENT OF THIS ACT PROMULGATE SUCH
REGULATIONS AS MAY BE REQUIRED TO CARRY OUT SECTION 474(A) OF THE PUBLIC
HEALTH SERVICE ACT. //42 USC 2891 - 3 NOTE, ANTE, P. 352.// SUCH
REGULATIONS SHALL APPLY WITH RESPECT TO APPLICATIONS FOR GRANTS AND
CONTRACTS UNDER SUCH ACT SUBMITTED AFTER PROMULGATION OF SUCH
REGULATIONS.
SEC. 213. //42 USC 2891 - 1 NOTE.// UNTIL THE COMMISSION HAS MADE
ITS RECOMMENDATIONS TO THE SECRETARY PURSUANT TO SECTION 202(B), THE
SECRETARY MAY NOT CONDUCT OR SUPPORT RESEARCH IN THE UNITED STATES OR
ABROAD ON A LIVING HUMAN FETUS, BEFORE OR AFTER THE INDUCED ABORTION OF
SUCH FETUS, UNLESS SUCH RESEARCH IS DONE FOR THE PURPOSE OF ASSURING THE
SURVIVAL OF SUCH FETUS.
SEC. 214. (A) SUBSECTION (C) OF SECTION 401 OF THE HEALTH PROGRAMS
EXTENSION ACT OF 1973 //87 STAT. 95, 42 USC 300A - 7.// IS AMENDED (1)
BY INSERTING "(1)" AFTER "(C)", (2) BY REDESIGNATING PARAGRAPHS (1) AND
(2) AS SUBPARAGRAPHS (A) AND (B), RESPECTIVELY, AND (3) BY ADDING AT THE
END THE FOLLOWING NEW PARAGRAPH:
"(2) NO ENTITY WHICH RECEIVES AFTER THE DATE OF ENACTMENT OF THIS
PARAGRAPH A GRANT OR CONTRACT FOR BIOMEDICAL OR BEHAVIORAL RESEARCH
UNDER ANY PROGRAM ADMINISTERED BY THE SECRETARY OF HEALTH, EDUCATION,
AND WELFARE MAY--,
"(A) DISCRIMINATE IN THE EMPLOYMENT, PROMOTION, OR TERMINATION
OF EMPLOYMENT OF ANY PHYSICIAN OR OTHER HEALTH CARE PERSONNEL, OR
"(B) DISCRIMINATE IN THE EXTENSION OF STAFF OR OTHER PRIVILEGES
TO ANY PHYSICIAN OR OTHER HEALTH CARE PERSONNEL,
BECAUSE HE PERFORMED OR ASSISTED IN THE PERFORMANCE OF ANY LAWFUL HEALTH
SERVICE OR RESEARCH ACTIVITY, BECAUSE HE REFUSED TO PERFORM OR ASSIST IN
THE PERFORMANCE OF ANY SUCH SERVICE OR ACTIVITY ON THE GROUNDS THAT HIS
PERFORMANCE OR ASSISTANCE IN THE PERFORMANCE OF SUCH SERVICE OR ACTIVITY
WOULD BE CONTRARY TO HIS RELIGIOUS BELIEFS OR MORAL CONVICTIONS, OR
BECAUSE OF HIS RELIGIOUS BELIEFS OR MORAL CONVICTIONS RESPECTING ANY
SUCH SERVICE OR ACTIVITY."
(B) SECTION 401 OF SUCH ACT IS AMENDED BY ADDING AT THE END THE
FOLLOWING NEW SUBSECTION:
"(D) NO INDIVIDUAL SHALL BE REQUIRED TO PERFORM OR ASSIST IN THE
PERFORMANCE OF ANY PART OF A HEALTH SERVICE PROGRAM OR RESEARCH ACTIVITY
FUNDED IN WHOLE OR IN PART UNDER A PROGRAM ADMINISTERED BY THE SECRETARY
OF HEALTH, EDUCATION, AND WELFARE IF HIS PERFORMANCE OR ASSISTANCE IN
THE PERFORMANCE OF SUCH PART OF SUCH PROGRAM OR ACTIVITY WOULD BE
CONTRARY TO HIS RELIGIOUS BELIEFS OR MORAL CONVICTIONS."
SEC. 215. SECTION 772(A)(7) OF THE PUBLIC HEALTH SERVICE ACT //85
STAT. 445, 42 USC 295F - 2.// IS AMENDED BY INSERTING IMMEDIATELY BEFORE
THE SEMICOLON AT THE END THEREOF THE FOLLOWING: ", OR (C) PROVIDING
INCREASED EMPHASIS ON THE ETHICAL, SOCIAL, LEGAL, AND MORAL IMPLICATIONS
OF ADVANCES IN BIOMEDICAL RESEARCH AND TECHNOLOGY WITH RESPECT TO THE
EFFECTS OF SUCH ADVANCES ON INDIVIDUALS AND SOCIETY".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 224 (COMM. ON INTERSTATE AND FOREIGH
COMMERCE) AND NO. 93 - 1148 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 381 (COMM. ON LABOR AND PUBLIC WELFARE).
VOL. 119 (1973): MAY 31, CONSIDERED AND PASSED HOUSE.
SEPT. 11, CONSIDERED AND PASSED SENATE, AMENDED.
VOL. 120 (1974): JUNE 27, SENATE AGREED TO CONFRENCE
REPORT.
JUNE 28, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-347, 88 STAT 340
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 4(A) OF THE
AGRICULTURE AND CONSUMER PROTECTION ACT OF 1973, AS AMENDED (87 STAT.
221, AS AMENDED, 7 U.S.C. 612C NOTE), IS AMENDED TO READ AS FOLLOWS:
"SEC. 4. (A)(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
SECRETARY OF AGRICULTURE SHALL UNTIL JULY 1, 1975, (I) USE FUNDS
AVAILABLE UNDER PROVISIONS OF SECTION 32 OF PUBLIC LAW 320,
SEVENTY-FOURTH CONGRESS, AS AMENDED (7 U.S.C. 612C), //49 STAT. 774.//
AND NOT OTHERWISE EXPENDED OR NECESSARY FOR SUCH PURPOSES TO PURCHASE,
WITHOUT REGARD TO THE PROVISIONS OF EXISTING LAW GOVERNING THE
EXPENDITURE OF PUBLIC FUNDS, AGRICULTURAL COMMODITIES AND THEIR PRODUCTS
OF THE TYPES CUSTOMARILY PURCHASED UNDER SECTION 32 (WHICH MAY INCLUDE
SEAFOOD COMMODITIES AND THEIR PRODUCTS) TO MAINTAIN THE TRADITIONAL
LEVEL OF ASSISTANCE FOR FOOD ASSISTANCE PROGRAMS AS ARE AUTHORIZED BY
LAW, INCLUDING BUT NOT LIMITED TO DISTRIBUTION TO NEEDY FAMILIES PENDING
THE TRANSITION TO THE FOOD STAMP PROGRAM, INSTITUTIONS, SUPPLEMENTAL
FEEDING PROGRAMS WHEREVER LOCATED, DISASTER RELIEF, SUMMER CAMPS FOR
CHILDREN, AND THE FAMILY COMMODITY DISTRIBUTION PROGRAM ON INDIAN
RESERVATIONS NOT REQUESTING A FOOD STAMP PROGRAM, AND (II) IF STOCKS OF
THE COMMODITY CREDIT CORPORATION ARE NOT AVAILABLE, USE THE FUNDS OF THE
CORPORATION TO PURCHASE AGRICULTURAL COMMODITIES AND THEIR PRODUCTS OF
THE TYPES CUSTOMARILY AVAILABLE UNDER SECTION 416 OF THE AGRICULTURAL
ACT OF 1949 TO MEET SUCH REQUIREMENTS. //68 STAT. 458; 84 STAT. 199;
86 STAT. 1492, 7 USC 1431.//
"(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SECRETARY OF
AGRICULTURE SHALL, DURING EACH OF THE TWO FISCAL YEARS BEGINNING JULY 1,
1975, AND ENDING JUNE 30 1977, PURCHASE AGRICULTURAL COMMODITIES AND
OTHERWISE CARRY OUT THE PROVISIONS OF THIS SUBSECTION WITH FUNDS
APPROPRIATED FROM THE GENERAL FUND OF THE TREASURY. THERE ARE HEREBY
AUTHORIZED TO BE APPROPRIATED SUCH FUNDS AS MAY BE NECESSARY TO CARRY
OUT THE PROVISIONS OF THIS PARAGRAPH. AUTHORITY PROVIDED IN THIS
PARAGRAPH SHALL BE CARRIED OUT ONLY WITH SUCH FUNDS AS ARE APPROPRIATED
FROM THE GENERAL FUND OF THE TREASURY FOR THAT SPECIFIC PURPOSE, AND IN
NO EVENT SHALL IT BE CARRIED OUT WITH FUNDS DERIVED FROM PERMANENT
APPROPRIATIONS.
"(3) NOTHING IN THIS SUBSECTION SHALL SUPERSEDE THE REQUIREMENTS OF
SECTION 10(E) OF THE FOOD STAMP ACT OF 1964, AS AMENDED, //84 STAT.
2051; 87 STAT. 247, 7 USC 2019.// EXCEPT AS TO INDIAN RESERVATIONS."
SEC. 2. SECTION 15 OF THE FOOD STAMP ACT OF 1964, AS AMENDED, //78
STAT. 708; 84 STAT. 2052, 7 USC 2024.// IS AMENDED BY CHANGING
SUBSECTIONS (A) AND (B) TO READ AS FOLLOWS:
"(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, EACH STATE SHALL
BE RESPONSIBLE FOR FINANCING, FROM FUNDS AVAILABLE TO THE STATE OR
POLITICAL SUBDIVISION THEREOF, THE COSTS OF CARRYING OUT THE
ADMINISTRATIVE RESPONSIBILITIES ASSIGNED TO IT UNDER THE PROVISIONS OF
THIS ACT.
"(B) THE SECRETARY IS AUTHORIZED TO PAY TO EACH STATE AGENCY AN
AMOUNT EQUAL TO 50 PER CENTUM OF ALL ADMINISTRATIVE COSTS, INCLUDING,
BUT NOT LIMITED TO, THE COST OF (1) THE CERTIFICATION OF HOUSEHOLDS;
(2) THE ACCEPTANCE, STORAGE, AND PROTECTION OF COUPONS AFTER THEIR
DELIVERY TO RECEIVING POINTS WITHIN THE STATES; (3) THE ISSUANCE OF
SUCH COUPONS TO ELIGIBLE HOUSEHOLDS; (4) THE OUTREACH AND FAIR HEARING
REQUIREMENTS OF SECTION 10 OF THIS ACT, //7 USC 2019.// AND (5) THE
CONTROL AND ACCOUNTING OF COUPONS: PROVIDED, THAT EACH STATE SHALL,
FROM TIME TO TIME AT THE REQUEST OF THE SECRETARY, REPORT TO THE
SECRETARY ON THE EFFECTIVENESS OF ITS ADMINISTRATION OF THE PROGRAM AND
NO SUCH PAYMENT SHALL BE MADE TO ANY STATE UNLESS THE SECRETARY IS
SATISFIED PURSUANT TO REGULATIONS WHICH HE SHALL ISSUE THAT AN ADEQUATE
NUMBER OF QUALIFIED PERSONNEL ARE EMPLOYED BY THE STATE IN THE PROGRAM
TO ADMINISTER THE PROGRAM EFFICIENTLY AND EFFECTIVELY.".
SEC. 3. SECTION 3 OF THE CHILD NUTRITION ACT OF 1966, AS AMENDED (80
STAT. 885, AS AMENDED, 42 U.S.C. 1771 - 1786), //84 STAT. 336; 87 STAT.
563, 42 USC 1772.// IS AMENDED AS FOLLOWS:
(A) THE FIRST SENTENCE IS AMENDED BY STRIKING ", NOT TO EXCEED
$120,000,000," AND INSERTING IN LIEU THEREOF "SUCH SUMS AS MAY BE
NECESSARY".
(B) SECTION 3 IS FURTHER AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND FOR SUBSEQUENT
FISCAL YEARS, THE MINIMUM RATE OF REIMBURSEMENT FOR A HALF-PINT OF MILK
SERVED IN SCHOOLS AND OTHER ELIGIBLE INSTITUTIONS SHALL NOT BE LESS THAN
5 CENTS PER HALF-PINT SERVED TO ELIGIBLE CHILDREN, AND SUCH MINIMUM RATE
OF REIMBURSEMENT SHALL BE ADJUSTED ON AN ANNUAL BASIS EACH FISCAL YEAR
THEREAFTER, BEGINNING WITH THE FISCAL YEAR ENDING JUNE 30, 1976, TO
REFLECT CHANGES IN THE SERIES OF FOOD AWAY FROM HOME OF THE CONSUMER
PRICE INDEX PUBLISHED BY THE BUREAU OF LABOR STATISTICS OF THE
DEPARTMENT OF LABOR. SUCH ADJUSTMENT SHALL BE COMPUTED TO THE NEAREST
ONE-FOURTH CENT.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1110 ACCOMPANYING H.R. 14992 (COMM. ON
AGRICULTURE) AND NO. 93 - 1154 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 829 (COMM. ON AGRICULTURE AND FORESTRY) AND
NO. 93 - 978 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 21, CONSIDERED AND PASSED SENATE.
JUNE 17, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
14992.
JUNE 27, SENATE AGREED TO CONFERENCE REPORT.
JUNE 28, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-346, 88 STAT 340
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, EFFECTIVE UPON
TERMINATION OF SERVICE BY THE INCUMBENT IN THE OFFICE OF CHIEF OF NAVAL
OPERATIONS, DEPARTMENT OF THE NAVY, THE GOVERNMENT-OWNED HOUSE TOGETHER
WITH FURNISHINGS, ASSOCIATED GROUNDS AND RELATED FACILITIES WHICH ARE
AND HAVE BEEN USED AS THE RESIDENCE OF THE CHIEF OF NAVAL OPERATIONS,
SHALL THENCEFORTH BE AVAILABLE FOR, AND SHALL BE DESIGNATED AS, THE
OFFICIAL TEMPORARY RESIDENCE OF THE VICE PRESIDENT OF THE UNITES STATES.
//3 USC 111 NOTE.//
SEC. 2. AS IN THE CASE OF THE WHITE HOUSE, THE OFFICIAL TEMPORARY
RESIDENCE OF THE VICE PRESIDENT SHALL BE ADEQUATELY STAFFED AND PROVIDED
WITH SUCH APPROPRIATE EQUIPMENT, FURNISHINGS, DINING FACILITIES,
SERVICES, AND OTHER PROVISIONS AS MAY BE REQUIRED, UNDER THE SUPERVISION
AND DIRECTION OF THE VICE PRESIDENT, TO ENABLE HIM TO PERFORM AND
DISCHARGE APPROPRIATELY THE DUTIES, FUNCTIONS, AND OBLIGATIONS
ASSOCIATED WITH HIS HIGH OFFICE.
SEC. 3. THE SECRETARY OF THE NAVY SHALL, SUBJECT TO THE SUPERVISION
AND CONTROL OF THE VICE PRESIDENT, PROVIDE FOR THE STAFFING, CARE,
MAINTENANCE, REPAIR, IMPROVEMENT, ALTERATION, AND FURNISHING OF THE
OFFICIAL RESIDENCE AND GROUNDS OF THE VICE PRESIDENT.
SEC. 4. THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS
MAY BE NECESSARY FROM TIME TO TIME TO CARRY OUT THE FOREGOING PURPOSES.
DURING ANY INTERIM PERIOD UNTIL AND BEFORE SUCH FUNDS ARE SO
APPROPRIATED, THE DEPARTMENT OF THE NAVY SHALL MAKE PROVISION FOR
STAFFING AND OTHER APPROPRIATE SERVICIES IN CONNECTION WITH THE OFFICIAL
TEMPORARY RESIDENCE OF THE VICE PRESIDENT, SUBJECT TO REIMBURSEMENT
THEREFOR OUT OF ANY CONTINGENCY FUNDS AVAILABLE TO THE EXECUTIVE.
SEC. 5. IT IS THE SENSE OF CONGRESS THAT LIVING ACCOMMODATIONS,
GENERALLY EQUIVALENT TO THOSE AVAILABLE TO THE HIGHEST RANKING OFFICER
ON ACTIVE DUTY IN EACH OF THE OTHER MILITARY SERVICES, SHOULD BE
PROVIDED FOR THE CHIEF OF NAVAL OPERATIONS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1079 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 844 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 16, CONSIDERED AND PASSED SENATE.
JUNE 12, CONSIDERED AND PASSED HOUSE, AMENDED.
JUNE 26, SENATE CONCURRED IN HOUSE AMENDMENT WITH AN AMENDMENT.
JUNE 28, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-345, 88 STAT 339.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2(A)(4) OF
THE NATIONAL MUSEUM ACT OF 1966 (20 U.S.C. 65A) //80 STAT. 923.// IS
AMENDED BY INSERTING IMMEDIATELY BEFORE THE SEMICOLON THE FOLLOWING: ",
WITH EMPHASIS ON MUSEUM CONSERVATION AND THE DEVELOPMENT OF A NATIONAL
INSTITUTE FOR MUSEUM CONSERVATION".
SEC. 2. SECTION 2(B) OF SUCH ACT //84 STAT. 1875.// IS AMENDED TO
READ AS FOLLOWS:
"(B) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SMITHSONIAN
INSTITUTION SUCH SUMS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF
THIS ACT: PROVIDED, THAT NO MORE THAN $1,000,000 SHALL BE APPROPRIATED
ANNUALLY THROUGH FISCAL YEAR 1977, OF WHICH NO LESS THAN $200,000
ANNUALLY SHALL BE ALLOCATED AND USED TO CARRY OUT THE PURPOSES OF
SECTION 2(A)(4) OS THIS ACT.".
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 1162 (COMM. ON HOUSE ADMINISTRATION).
SENATE REPORT NO. 93 - 868 (COMM. ON RULES AND ADMINISTRATION).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 28, CONSIDERED AND PASSED SENATE.
JULY 1, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-344, 88 STAT 297, CONGRESSIONAL BUDGET AND IMPOUNDMENT
CONTROL ACT OF 1974.
ESTABLISH COMMITTEES ON THE BUDGET IN EACH HOUSE;
TO ESTABLISH A CONGRESSIONAL BUDGET OFFICE;
TO ESTABLISH A PROCEDURE PROVIDING CONGRESSIONAL
CONTROL OVER THE IMPOUNDMENT OF FUNDS BY THE EXECUTIVE
BRANCH; AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. (A) SHORT TITLES.--THIS ACT MAY BE CITED AS THE
"CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974". TITLES I
THROUGH IX MAY BE CITED AS THE "CONGRESSIONAL BUDGET ACT OF 1974", AND
TITLE X MAY BE CITED AS THE "IMPOUNDMENT CONTROL ACT OF 1974". //31 USC
1301 NOTE.//
SEC. 2. THE CONGRESS DECLARES THAT IT IS ESSENTIAL--,
(1) TO ASSURE EFFECTIVE CONGRESSIONAL CONTROL OVER THE
BUDGETARY PROCESS;
(2) TO PROVIDE FOR THE CONGRESSIONAL DETERMINATION EACH YEAR OF
THE APPROPRIATE LEVEL OF FEDERAL REVENUES AND EXPENDITURES;
(3) TO PROVIDE A SYSTEM OF IMPOUNDMENT CONTROL;
(4) TO ESTABLISH NATIONAL BUDGET PRIORITIES; AND
(5) TO PROVIDE FOR THE FURNISHING OF INFORMATION BY THE
EXECUTIVE BRANCH IN A MANNER THAT WILL ASSIST THE CONGRESS IN
DISCHARGING ITS DUTIES.
SEC. 3. (A) IN GENERAL.--FOR PURPOSES OF THIS ACT--,
(1) THE TERMS "BUDGET OUTLAYS" AND "OUTLAYS" MEAN, WITH RESPECT
TO ANY FISCAL YEAR, EXPENDITURES AND NET LENDING OF FUNDS UNDER
BUDGET AUTHORITY DURING SUCH YEAR.
(2) THE TERM "BUDGET AUTHORITY" MEANS AUTHORITY PROVEDED BY LAW
TO ENTER INTO OBLIGATIONS WHICH WILL RESULT IN IMMEDIATE OR FUTURE
OUTLAYS INVOLVING GOVERNMENT FUNDS, EXCEPT THAT SUCH TERM DOES NOT
INCLUDE AUTHORITY TO INSURE OR GUARANTEE THE REPAYMENT OF
INDEBTEDNESS INCURRED BY ANOTHER PERSON OR GOVERNMENT.
(3) THE TERM "TAX EXPENDITURES" MEANS THOSE REVENUE LOSSES
ATTRIBUTABLE TO PROVISIONS OF THE FEDERAL TAX LAWS WHICH ALLOW A
SPECIAL EXCLUSION, EXEMPTION, OR DEDUCTION FROM GROSS INCOME OR
WHICH PROVIDE A SPECIAL CREDIT, A PREFERENTIAL RATE OF TAX, OR A
DEFERRAL OF TAX LIABILITY; AND THE TERM "TAX EXPENDITURES BUDGET"
MEANS AN ENUMERATION OF SUCH TAX EXPENDITURES.
(4) THE TERM "CONCURRENT RESOLUTION ON THE BUDGET" MEANS--,
(A) A CONCURRENT RESOLUTION SETTING FORTH THE CONGRESSIONAL
BUDGET FOR THE UNITED STATES GOVERNMENT FOR A FISCAL YEAR AS
PROVIDED IN SECTION 301;
(B) A CONCURRENT RESOLUTION REAFFIRMING OR REVISING THE CON-
GRESSIONAL BUDGET FOR THE UNITED STATES GOVERNMENT FOR A FISCAL
YEAR AS PROVIDED IN SECTION 310; AND
(C) ANY OTHER CONCURRENT RESOLUTION REVISING THE CONGRESSIONAL
BUDGET FOR THE UNITED STATES GOVERNMENT FOR A FIS- CAL YEAR AS
DESCRIBED IN SECTION 304
(5) THE TERM "APPROPRIATION ACT" MEANS AN ACT REFERRED TO IN
SECTION 105 OF TITLE 1, UNITED STATES CODE. //POST, P. 322.//
(B) JOINT COMMITTEE ON ATOMIC ENERGY.--FOR PURPOSES OF TITLES II,
III, AND IV OF THIS ACT, THE MEMBERS OF THE HOUSE OF REPRESENTATIVES WHO
ARE MEMBERS OF THE JOINT COMMITTEE ON ATOMIC ENERGY SHALL BE TREATED AS
A STANDING COMMITTEE OF THE HOUSE, AND THE MEMBERS OF THE SENATE WHO ARE
MEMBERS OF THE JOINT COMMITTEE SHALL BE TREATED AS A STANDING COMMITTEE
OF THE SENATE.
SEC. 101. (A) CLAUSE 1 OF RULE X OF THE RULES OF THE HOUSE OF
REPRESENTATIVES IS AMENDED BY REDESIGNATING PARAGRAPHS (E) THROUGH (U)
AS PARAGRAPHS (F) THROUGH (V), RESPECTIVELY, AND BY INSERTING AFTER
PARAGRAPH (D) THE FOLLOWING NEW PARAGRAPH:
"(E) COMMITTEE ON THE BUDGET, TO CONSIST OF TWENTY-THREE MEMBERS AS
FOLLOWS:
"(1) FIVE MEMBERS WHO ARE MEMBERS OF THE COMMITTEE ON
APPROPRIATIONS;
"(2) FIVE MEMBERS WHO ARE MEMBERS OF THE COMMITTE ON WAYS AND
MEANS;
"(3) ELEVEN MEMBERS WHO ARE MEMBERS OF OTHER STANDING
COMMITTEES;
"(4) ONE MEMBER FROM THE LEADERSHIP OF THE MAJORITY PARTY; AND
"(5) ONE MEMBER FROM THE LEADERSHIP OF THE MINORITY PARTY.
NO MEMBER SHALL SERVE AS A MEMBER OF THE COMMITTEE ON THE BUDGET DURING
MORE THAN TWO CONGRESSES IN ANY PERIOD OF FIVE SUCCESSIVE CONGRESSES
BEGINNING AFTER 1974 (DISREGARDING FOR THIS PURPOSE ANY SERVICE
PERFORMED AS A MEMBER OF SUCH COMMITTEE FOR LESS THAN A FULL SESSION IN
ANY CONGRESS). ALL SELECTIONS OF MEMBERS TO SERVE ON THE COMMITTEE
SHALL BE MADE WITHOUT REGARD TO SENIORITY."
(B) RULE X OF THE RULES OF THE HOUSE OF REPRESENTATIVES IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW CLAUSE:
"6. FOR CARRYING OUT THE PURPOSES SET FORTH IN CLAUSE 5 OF RULE XI,
THE COMMITTEE ON THE BUDGET OR ANY SUBCOMMITTEE THEREOF IS AUTHORIZED TO
SIT AND ACT AT SUCH TIMES AND PLACES WITHIN THE UNITED STATES, WHETHER
THE HOUSE IS IN SESSION, HAS RECESSED, OR HAS ADJOURNED, TO HOLD SUCH
HEARINGS, TO REQUIRE THE ATTENDANCE OF SUCH WITNESSES AND THE PRODUCTION
OF SUCH BOOKS OR PAPERS OR DOCUMENTS OR VOUCHERS BY SUBPENA OR
OTHERWISE, AND TO TAKE SUCH TESTIMONY AND RECORDS, AS IT DEEMS
NECESSARY. SUBPENAS MAY BE ISSUED OVER THE SIGNATURE OF THE CHAIRMAN OF
THE COMMITTEE OR OF ANY MEMBER OF THE COMMITTEE DESIGNATED BY HIM; AND
MAY BE SERVED BY ANY PERSON DESIGNATED BY SUCH CHAIRMAN OR MEMBER. THE
CHAIRMAN OF THE COMMITTEE, OR ANY MEMBER THEREOF, MAY ADMINISTER OATHS
TO WITNESSES."
(C) RULE XI OF THE RULES OF THE HOUSE OF REPRESENTATIVES IS AMENDED
BY REDESIGNATING CLAUSES 5 THROUGH 33 AS CLAUSES 6 THROUGH 34,
RESPECTIVELY, AND BY INSERTING AFTER CLAUSE 4 THE FOLLOWING NEW CLAUSE:
"5. COMMITTEE ON THE BUDGET
"(A) ALL CONCURRENT RESOLUTIONS ON THE BUDGET (AS DEFINED IN SECTION
3(A)(4) OF THE CONGRESSIONAL BUDGET ACT OF 1974) AND OTHER MATTERS
REQUIRED TO BE REFERRED TO THE COMMITTEE UNDER TITLES III AND IV OF THAT
ACT.
"(B) THE COMMITTEE SHALL HAVE THE DUTY--,
"(1) TO REPORT THE MATTERS REQUIRED TO BE REPORTED BY IT UNDER
TITLES III AND IV OF THE CONGRESSIONAL BUDGET ACT OF 1974;
"(2) TO MAKE CONTINUING STUDIES OF THE EFFECT ON BUDGET OUTLAYS
OF RELEVANT EXISTING AND PROPOSED LEGISLATION AND TO REPORT THE
RESULTS OF SUCH STUDIES TO THE HOUSE ON A RECURRING BASIS;
"(3) TO REQUEST AND EVALUATE CONTINUING STUDIES OF TAX
EXPENDITURES, TO DEVISE METHODS OF COORDINATING TAX EXPENDITURES,
POLICIES, AND PROGRAMS WITH DIRECT BUDGET OUTLAYS, AND TO REPORT
THE RESULTS OF SUCH STUDIES TO THE HOUSE ON A RECURRING BASIS;
AND
"(4) TO REVIEW, ON A CONTINUING BASIS, THE CONDUCT BY THE
CONGRESSIONAL BUDGET OFFICE OF ITS FUNCTIONS AND DUTIES."
SEC. 102. (A) PARAGRAPH 1 OF RULE XXV OF THE STANDING RULES OF THE
SENATE IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SUBPARAGRAPH:
"(R)(1) COMMITTEE ON THE BUDGET, TO WHICH COMMITTEE SHALL BE REFERRED
ALL CONCURRENT RESOLUTIONS ON THE BUDGET (AS DEFINED IN SECTION 3(A)(4)
OF THE CONGRESSIONAL BUDGET ACT OF 1974) AND ALL OTHER MATTERS REQUIRED
TO BE REFERRED TO THAT COMMITTEE UNDER TITLES III AND IV OF THAT ACT,
AND MESSAGES, PETITIONS, MEMORIALS, AND OTHER MATTERS RELATING THERETO.
"(2) SUCH COMMITTEE SHALL HAVE THE DUTY--,
"(A) TO REPORT THE MATTERS REQUIRED TO BE REPORTED BY IT UNDER
TITLES III AND IV OF THE CONGRESSIONAL BUDGET ACT OF 1974;
"(B) TO MAKE CONTINUING STUDIES OF THE EFFECT ON BUDGET OUTLAYS
OF RELEVANT EXISTING AND PROPOSED LEGISLATION AND TO REPORT THE
RESULTS OF SUCH STUDIES TO THE SENATE ON A RECURRING BASIS;
"(C) TO REQUEST AND EVALUATE CONTINUING STUDIES OF TAX
EXPENDITURES, TO DEVISE METHODS OF COORDINATING TAX EXPENDITURES,
POLICIES, AND PROGRAMS WITH DIRECT BUDGET OUTLAYS, AND TO REPORT
THE RESULTS OF SUCH STUDIES TO THE SENATE ON A RECURRING BASIS;
AND
"(D) TO REVIEW, ON A CONTINUING BASIS, THE CONDUCT BY THE
CONGRESSIONAL BUDGET OFFICE OF ITS FUNCTIONS AND DUTIES."
(B) THE TABLE CONTAINED IN PARAGRAPH 2 OF RULE XXV OF THE STANDING
RULES OF THE SENATE IS AMENDED BY INSERTING AFTER--, "BANKING, HOUSING
AND URBAN AFFAIRS 15" THE FOLLOWING: "BUDGET
15".
(C) PARAGRAPH 6 OF RULE XXV OF THE STANDING RULES OF THE SENATE IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBPARAGRAPH:
"(H) FOR PURPOSES OF THE FIRST SENTENCE OF SUBPARAGRAPH (A),
MEMBERSHIP ON THE COMMITTEE ON THE BUDGET SHALL NOT BE TAKEN INTO
ACCOUNT UNTIL THAT DATE OCCURRING DURING THE FIRST SESSION OF THE
NINETY-FIFTH CONGRESS, UPON WHICH THE APPOINTMENT OF THE MAJORITY AND
MINORITY PARTY MEMBERS OF THE STANDING COMMITTEES OF THE SENATE IS
INITIALLY COMPLETED."
(D) EACH MEETING OF THE COMMITTEE ON THE BUDGET OF THE SENATE, OR ANY
SUBCOMMITTEE THEREOF, INCLUDING MEETINGS TO CONDUCT HEARINGS, SHALL BE
OPEN TO THE PUBLIC, EXCEPT THAT A PORTION OR PORTIONS OF ANY SUCH
MEETING MAY BE CLOSED TO THE PUBLIC IF THE COMMITTEE OR SUBCOMMITTEE, AS
THE CASE MAY BE, DETERMINES BY RECORD VOTE OF A MAJORITY OF THE MEMBERS
OF THE COMMITTEE OR SUBCOMMITTEE PRESENT THAT THE MATTERS TO BE
DISCUSSED OR THE TESTIMONY TO BE TAKEN AT SUCH PORTION OR PORTIONS--,
//2 USC 190A-3.//
(1) WILL DISCLOSE MATTERS NECESSARY TO BE KEPT SECRET IN THE
INTERESTS OF NATIONAL DEFENSE OR THE CONFIDENTIAL CONDUCT OF THE
FOREIGN RELATIONS OF THE UNITED STATES;
(2) WILL RELATE SOLELY TO MATTERS OF COMMITTEE STAFF PERSONNEL
OR INTERNAL STAFF MANAGEMENT OR PROCEDURE;
(3) WILL TEND TO CHARGE AN INDIVIDUAL WITH CRIME OR MISCONDUCT,
TO DISGRACE OR INJURE THE PROFESSIONAL STANDING OF AN INDIVIDUAL,
OR OTHERWISE TO EXPOSE AN INDIVIDUAL TO PUBLIC CONTEMPT OR
OBLOQUY, OR WILL REPRESENT A CLEARLY UNWARRANTED INVASION OF THE
PRIVACY OF AN INDIVIDUAL;
(4) WILL DISCLOSE THE IDENTITY OF ANY INFORMER OR LAW
ENFORCEMENT AGENT OR WILL DISCLOSE ANY INFORMATION RELATING TO THE
INVESTIGATION OR PROSECUTION OF A CRIMINAL OFFENSE THAT IS
REQUIRED TO BE KEPT SECRET IN THE INTERESTS OF EFFECTIVE LAW
ENFORCEMENT; OR
(5) WILL DISCLOSE INFORMATION RELATING TO THE TRADE SECRETS OR
FINANCIAL OR COMMERCIAL INFORMATION PERTAINING SPECIFICALLY TO A
GIVEN PERSON IF--,
(A) AN ACT OF CONGRESS REQUIRES THE INFORMATION TO BE KEPT
CONFIDENTIAL BY GOVERNMENT OFFICERS AND EMPLOYEES; OR
(B) THE INFORMATION HAS BEEN OBTAINED BY THE GOVERNMENT ON A
CONFIDENTIAL BASIS, OTHER THAN THROUGH AN APPLICATION BY SUCH
PERSON FOR A SPECIFIC GOVERNMENT FINANCIAL OR OTHER BENEFIT, AND
IS REQUIRED TO BE KEPT SECRET IN ORDER TO PREVENT UNDUE INJURY TO
THE COMPETITIVE POSITION OF SUCH PERSON.
(E) PARAGRAPH 7(B) OF RULE XXV OF THE STANDING RULES OF THE SENATE
AND SECTION 133A(B) OF THE LEGISLATIVE REORGANIZATION ACT OF 1946 //84
STAT. 1151, 1153, 2 USC 190A - 1.// SHALL NOT APPLY TO THE COMMITTEE ON
THE BUDGET OF THE SENATE.
SEC. 201. (A) IN GENERAL.--,
(1) THERE IS ESTABLISHED AN OFFICE OF THE CONGRESS TO BE KNOWN
AS THE CONGRESSIONAL BUDGET OFFICE (HEREINAFTER IN THIS TITLE
REFERRED TO AS THE "OFFICE"). THE OFFICE SHALL BE HEADED BY A
DIRECTOR; AND THERE SHALL BE A DEPUTY DIRECTOR WHO SHALL PERFORM
SUCH DUTIES AS MAY BE ASSIGNED TO HIM BY THE DIRECTOR AND, DURING
THE ABSENCE OR INCAPACITY OF THE DIRECTOR OR DURING A VACANCY IN
THAT OFFICE, SHALL ACT AS DIRECTOR.
(2) THE DIRECTOR SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE
AFTER CONSIDERING RECOMMENDATIONS RECEIVED FROM THE COMMITTEES ON
THE BUDGET OF THE HOUSE AND THE SENATE, WITHOUT REGARD TO
POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF HIS FITNESS TO
PERFORM HIS DUTIES. THE DEPUTY DIRECTOR SHALL BE APPOINTED BY THE
DIRECTOR.
(3) THE TERM OF OFFICE OF THE DIRECTOR FIRST APPOINTED SHALL
EXPIRE AT NOON ON JANUARY 3, 1979, AND THE TERMS OF OFFICE OF
DIRECTORS SUBSEQUENTLY APPOINTED SHALL EXPIRE AT NOON ON JANUARY 3
OF EACH FOURTH YEAR THEREAFTER. ANY INDIVIDUAL APPOINTED AS
DIRECTOR TO FILL A VACANCY PRIOR TO THE EXPIRATION OF A TERM SHALL
SERVE ONLY FOR THE UNEXPIRED PORTION OF THAT TERM. AN INDIVIDUAL
SERVING AS DIRECTOR AT THE EXPIRATION OF A TERM MAY CONTINUE TO
SERVE UNTIL HIS SUCCESSOR IS APPOINTED. ANY DEPUTY DIRECTOR SHALL
SERVE UNTIL THE EXPIRATION OF THE TERM OF OFFICE OF THE DIRECTOR
WHO APPOINTED HIM (AND UNTIL HIS SUCCESSOR IS APPOINTED), UNLESS
SOONER REMOVED BY THE DIRECTOR.
(4) THE DIRECTOR MAY BE REMOVED BY EITHER HOUSE BY RESOLUTION.
(5) THE DIRECTOR SHALL RECEIVE COMPENSATION AT A PER ANNUM
GROSS RATE EQUAL TO THE RATE OF BASIC PAY, AS IN EFFECT FROM TIME
TO TIME, FOR LEVEL III OF THE EXECUTIVE SCHEDULE IN SECTION 5314
OF TITLE 5, UNITED STATES CODE. //83 STAT. 863.// THE DEPUTY
DIRECTOR SHALL RECEIVE COMPENSATION AT A PER ANNUM GROSS RATE
EQUAL TO THE RATE OF BASIC PAY, AS SO IN EFFECT, FOR LEVEL IV OF
THE EXECUTIVE SCHEDULE IN SECTION 5315 OF SUCH TITLE.
(B) PERSONNEL.--THE DIRECTOR SHALL APPOINT AND FIX THE COMPENSATION
OF SUCH PERSONNEL AS MAY BE NECESSARY TO CARRY OUT THE DUTIES AND
FUNCTIONS OF THE OFFICE. ALL PERSONNEL OF THE OFFICE SHALL BE APPOINTED
WITHOUT REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF THEIR
FITNESS TO PERFORM THEIR DUTIES. THE DIRECTOR MAY PRESCRIBE THE DUTIES
AND RESPONSIBILITIES OF THE PERSONNEL OF THE OFFICE, AND DELEGATE TO
THEM AUTHORITY TO PERFORM ANY OF THE DUTIES, POWERS, AND FUNCTIONS
IMPOSED ON THE OFFICE OR ON THE DIRECTOR. FOR PURPOSES OF PAY (OTHER
THAN PAY OF THE DIRECTOR AND DEPUTY DIRECTOR) AND EMPLOYMENT BENEFITS,
RIGHTS, AND PRIVILEGES, ALL PERSONNEL OF THE OFFICE SHALL BE TREATED AS
IF THEY WERE EMPLOYEES OF THE HOUSE OF REPRESENTATIVES.
(C) EXPERTS AND CONSULTANTS.--IN CARRYING OUT THE DUTIES AND
FUNCTIONS OF THE OFFICE, THE DIRECTOR MAY PROCURE THE TEMPORARY (NOT TO
EXCEED ONE YEAR) OR INTERMITTENT SERVICES OF EXPERTS OR CONSULTANTS OR
ORGANIZATIONS THEREOF BY CONTRACT AS INDEPENDENT CONTRACTORS, OR, IN THE
CASE OF INDIVIDUAL EXPERTS OR CONSULTANTS, BY EMPLOYMENT AT RATES OF PAY
NOT IN EXCESS OF THE DAILY EQUIVALENT OF THE HIGHEST RATE OF BASIC PAY
PAYABLE UNDER THE GENERAL SCHEDULE OF SECTION 5332 OF TITLE 5, UNITED
STATES CODE. //5 USC 5332 NOTE.//
(D) RELATIONSHIP TO EXECUTIVE BRANCH.--THE DIRECTOR IS AUTHORIZED TO
SECURE INFORMATION, DATA, ESTIMATES, AND STATISTICS DIRECTLY FROM THE
VARIOUS DEPARTMENTS, AGENCIES, AND ESTABLISHMENTS OF THE EXECUTIVE
BRANCH OF GOVERNMENT AND THE REGULATORY AGENCIES AND COMMISSIONS OF THE
GOVERNMENT. ALL SUCH DEPARTMENTS, AGENCIES, ESTABLISHMENTS, AND
REGULATORY AGENCIES AND COMMISSIONS SHALL FURNISH THE DIRECTOR ANY
AVAILABLE MATERIAL WHICH HE DETERMINES TO BE NECESSARY IN THE
PERFORMANCE OF HIS DUTIES AND FUNCTIONS (OTHER THAN MATERIAL THE
DISCLOSURE OF WHICH WOULD BE A VIOLATION OF LAW). THE DIRECTOR IS ALSO
AUTHORIZED, UPON AGREEMENT WITH THE HEAD OF ANY SUCH DEPARTMENT, AGENCY,
ESTABLISHMENT, OR REGULATORY AGENCY OR COMMISSION, TO UTILIZE ITS
SERVICES, FACILITIES, AND PERSONNEL WITH OR WITHOUT REIMBURSEMENT; AND
THE HEAD OF EACH SUCH DEPARTMENT, AGENCY, ESTABLISHMENT, OR REGULATORY
AGENCY OR COMMISSION IS AUTHORIZED TO PROVIDE THE OFFICE SUCH SERVICES,
FACILITIES, AND PERSONNEL.
(E) RELATIONSHIP TO OTHER AGENCIES OF CONGRESS.--IN CARRYING OUT THE
DUTIES AND FUNCTIONS OF THE OFFICE, AND FOR THE PURPOSE OF COORDINATING
THE OPERATIONS OF THE OFFICE WITH THOSE OF OTHER CONGRESSIONAL AGENCIES
WITH A VIEW TO UTILIZING MOST EFFECTIVELY THE INFORMATION, SERVICES, AND
CAPABILITIES OF ALL SUCH AGENCIES IN CARRYING OUT THE VARIOUS
RESPONSIBILITIES ASSIGNED TO EACH, THE DIRECTOR IS AUTHORIZED TO OBTAIN
INFORMATION, DATA, ESTIMATES, AND STATISTICS DEVELOPED BY THE GENERAL
ACCOUNTING OFFICE, THE LIBRARY OF CONGRESS, AND THE OFFICE OF TECHNOLOGY
ASSESSMENT, AND (UPON AGREEMENT WITH THEM) TO UTILIZE THEIR SERVICES,
FACILITIES, AND PERSONNEL WITH OR WITHOUT REIMBURSEMENT. THE
COMPTROLLER GENERAL, THE LIBRARIAN OF CONGRESS, AND THE TECHNOLOGY
ASSESSMENT BOARD ARE AUTHORIZED TO PROVIDE THE OFFICE WITH THE
INFORMATION, DATA, ESTIMATES, AND STATISTICS, AND THE SERVICES,
FACILITIES, AND PERSONNEL, REFERRED TO IN THE PRECEDING SENTENCE.
(F) APPROPRIATIONS.--THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE
OFFICE FOR EACH FISCAL YEAR SUCH SUMS AS MAY BE NECESSARY TO ENABLE IT
TO CARRY OUT ITS DUTIES AND FUNCTIONS. UNTIL SUMS ARE FIRST
APPROPRIATED PURSUANT TO THE PRECEDING SENTENCE, BUT FOR A PERIOD NOT
EXCEEDING 12 MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS SUBSECTION, THE
EXPENSES OF THE OFFICE SHALL BE PAID FROM THE CONTINGENT FUND OF THE
SENATE, IN ACCORDANCE WITH THE PARAGRAPH RELATING TO THE CONTINGENT FUND
OF THE SENATE UNDER THE HEADING "UNDER LEGISLATIVE" IN THE ACT OF
OCTOBER 1, 1888 (28 STAT. 546; 2 U.S.C. 68), AND UPON VOUCHERS APPROVED
BY THE DIRECTOR.
SEC. 202. (A) ASSISTANCE TO BUDGET COMMITTEES.--IT SHALL BE THE DUTY
AND FUNCTION OF THE OFFICE TO PROVIDE TO THE COMMITTEES ON THE BUDGET OF
BOTH HOUSES INFORMATION WHICH WILL ASSIST SUCH COMMITTEES IN THE
DISCHARGE OF ALL MATTERS WITHIN THEIR JURISDICTIONS, INCLUDING (1)
INFORMATION WITH RESPECT TO THE BUDGET, APPROPRIATION BILLS, AND OTHER
BILLS AUTHORIZING OR PROVIDING BUDGET AUTHORITY OR TAX EXPENDITURES, (2)
INFORMATION WITH RESPECT TO REVENUES, RECEIPTS, ESTIMATED FUTURE
REVENUES AND RECEIPTS, AND CHANGING REVENUE CONDITIONS, AND (3) SUCH
RELATED INFORMATION AS SUCH COMMITTEES MAY REQUEST.
(B) ASSISTANCE TO COMMITTEES ON APPROPRIATIONS, WAYS AND MEANS, AND
FINANCE.--AT THE REQUEST OF THE COMMITTEE ON APPROPRIATIONS OF EITHER
HOUSE, THE COMMITTEE ON WAYS AND MEANS OF THE HOUSE OF REPRESENTATIVES,
OR THE COMMITTEE ON FINANCE OF THE SENATE, THE OFFICE SHALL PROVIDE TO
SUCH COMMITTEE ANY INFORMATION WHICH WILL ASSIST IT IN THE DISCHARGE OF
MATTERS WITHIN ITS JURISDICTION, INCLUDING INFORMATION DESCRIBED IN
CLAUSES (1) AND (2) OF SUBSECTION (A) AND SUCH RELATED INFORMATION AS
THE COMMITTEE MAY REQUEST.
(C) ASSISTANCE TO OTHER COMMITTEES AND MEMBERS.--,
(1) AT THE REQUEST OF ANY OTHER COMMITTEE OF THE HOUSE OF
REPRESENTATIVES OR THE SENATE OR ANY JOINT COMMITTEE OF THE
CONGRESS, THE OFFICE SHALL PROVIDE TO SUCH COMMITTEE OR JOINT
COMMITTEE ANY
SHALL APPLY WITH RESPECT TO THE FISCAL YEAR BEGINNING ON OCTOBER 1,
1978, AND SUCCEEDING FISCAL YEARS. THE AMENDMENT TO SUCH ACT MADE BY
SECTION 602 SHALL APPLY WITH RESPECT TO THE FISCAL YEAR BEGINNING ON
OCTOBER 1, 1976, AND SUCCEEDING FISCAL YEARS.
SEC. 906. //31 USC 1322 NOTE.// IF THE COMMITTEE ON THE BUDGET OF
THE HOUSE OF REPRESENTATIVES AND THE SENATE BOTH AGREE THAT IT IS
FEASIBLE TO REPORT AND ACT ON A CONCURRENT RESOLUTION ON THE BUDGET
REFERRED TO IN SECTION 301 (A), OR TO APPLY ANY PROVISION OF TITLE III
OR SECTION 401 OR 402, //ANTE, P. 306.// FOR THE FISCAL YEAR BEGINNING
ON JULY 1, 1975, AND SUBMIT REPORTS OF SUCH AGREEMENT TO THEIR
RESPECTIVE HOUSES, THEN TO THE EXTENT AND IN THE MANNER SPECIFIED IN
SUCH REPORTS, THE PROVISIONS SO SPECIFIED AND SECTION 202(F) //ANTE, P.
304.// SHALL APPLY WITH RESPECT TO SUCH FISCAL YEAR. IF ANY PROVISION
SO SPECIFIED CONTAINS A DATE, SUCH REPORTS SHALL ALSO SPECIFY A
SUBSTITUTE DATE.
SEC. 1001. //31 USC 1401 NOTE.// NOTHING CONTAINED IN THIS ACT, OR
IN ANY AMENDMENTS MADE BY THIS ACT, SHALL BE CONSTRUED AS--,
(1) ASSERTING OR CONCEDING THE CONSTITUTIONAL POWERS OR
LIMITATIONS OF EITHER THE CONGRESS OR THE PRESIDENT;
(2) RETIFYING OR APPROVING ANY IMPOUNDMENT HERETOFORE OR
HEREAFTER EXECUTED OR APPROVED BY THE PRESIDENT OR ANY OTHER
FDERAL OFFICER OR EMPLOYEE, EXCEPT INSOFAR AS PURSUANT TO
STATUTORY AUTHORIZATION THEN IN EFFECT;
(3) AFFECTING IN ANY WAY THE CLAIMS OR DEFENSES OF ANY PARTY TO
LITIGATION CONCERNING ANY IMPOUNDMENT; OR
(4) SUPERSEDING ANY PROVISION OF LAW WHICH REQUIRES THE
OBLIGATION OF BUDGET AUTHORITY OR THE MAKING OF OUTLAYS
THEREUNDER.
SEC. 1002. SECTION 3679(C)(2) OF THE REVISED STATUTES, AS AMENDED
(31 U.S.C. 665), IS AMENDED TO READ AS FOLLOWS:
"(2) IN APPORTIONING ANY APPROPRIATION, RESERVES MAY BE ESTABLISHED
SOLELY TO PROVIDE FOR CONTINGENCIES, OR TO EFFECT SAVINGS WHENEVER
SAVINGS ARE MADE POSSIBLE BY OR THROUGH CHANGES IN REQUIREMENTS OR
GREATER EFFICIENCY OF OPERATIONS. WHENEVER IT IS DETERMINED BY AN
OFFICER DESIGNATED IN SUBSECTION (D) OF THIS SECTION TO MAKE
APPORTIONMENTS AND REAPPORTIONMENTS THAT ANY AMOUNT SO RESERVED WILL NOT
BE REQUIRED TO CARRY OUT THE FULL OBJECTIVES AND SCOPE OF THE
APPROPRIATION CONCERNED, HE SHALL RECOMMEND THE RESCISSION OF SUCH
AMOUNT IN THE MANNER PROVIDED IN THE BUDGET AND ACCOUNTING ACT, 1921,
//42 STAT. 20, 31 USC 1.// FOR ESTIMATES OF APPROPRIATIONS. EXCEPT AS
SPECIFICALLY PROVIDED BY PARTICULAR APPROPRIATIONS ACTS OR OTHER LAWS,
NO RESERVES SHALL BE ESTABLISHED OTHER THAN AS AUTHORIZED BY THIS
SUBSECTION. RESERVES ESTABLISHED PURSUANT TO THIS SUBSECTION SHALL BE
REPORTED TO THE CONGRESS IN ACCORDANCE WITH THE IMPOUNDMENT CONTROL ACT
OF 1974."
SEC. 1003. SECTION 203 OF THE BUDGET AND ACCOUNTING PROCEDURES ACT
OF 1950 IS REPEALED. //87 STAT. 7, 31 USC 581C - 1.//
SEC. 1011. FOR PURPOSES OF THIS PART--,
(1) "DEFERRAL OF BUDGET AUTHORITY" INCLUDES--,
(A) WITHHOLDING OR DELAYING THE OBLIGATION OR EXPENDITURE OF
BUDGET AUTHORITY (WHETHER BY ESTABLISHING RESERVES OR OTHERWISE)
PROVIDED FOR PROJECTS OR ACTIVITIES: OR
(B) ANY OTHER TYPE OF EXECUTIVE ACTION OR INACTION WHICH
EFFECTIVELY PRECLUDES THE OBLIGATION OR EXPENDITURE OF BUDGET
AUTHORITY, INCLUDING AUTHORITY TO OBLIGATE BY CONTRACT IN ADVANCE
OF APPROPRIATIONS AS SPECIFICALLY AUTHORIZED BY LAW;
(2) "COMPTROLLER GENERAL" MEANS THE COMPTROLLER GENERAL OF THE
UNITED STATES;
(3) "RESCISSION BILL" MEANS A BILL OR JOINT RESOLUTION WHICH
ONLY RESCINDS, IN WHOLE OR IN PART, BUDGET AUTHORITY PROPOSED TO
BE RESCINDED IN A SPECIAL MESSAGE TRANSMITTED BY THE PRESIDENT
UNDER SECTION 1012, AND UPON WHICH THE CONGRESS COMPLETES ACTION
BEFORE THE END OF THE FIRST PERIOD OF 45 CALENDAR DAYS OF
CONTINUOUS SESSION OF THE CONGRESS AFTER THE DATE ON WHICH THE
PRESIDENT'S MESSAGE IS RECEIVED BY THE CONGRESS;
(4) "IMPOUNDMENT RESOLUTION" MEANS A RESOLUTION OF THE HOUSE OF
REPRESENTATIVES OR THE SENATE WHICH ONLY EXPRESSES ITS DISAPPROVAL
OF A PROPOSED DEFERRAL OF BUDGET AUTHORITY SET FORTH IN A SPECIAL
MESSAGE TRANSMITTED BY THE PRESIDENT UNDER SECTION 1013; AND
(5) CONTINUITY OF A SESSION OF THE CONGRESS SHALL BE CONSIDERED
AS BROKEN ONLY BY AN ADJOURNMENT OF THE CONGRESS SINE DIE, AND THE
DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN
ADJOURNMENT OF MORE THAN 3 DAYS TO A DAY CERTAIN SHALL BE EXCLUDED
IN THE COMPUTATION OF THE 45-DAY PERIOD REFERRED TO IN PARAGRAPH
(3) OF THIS SECTION AND IN SECTION 1012, AND THE 25-DAY PERIODS
REFERRED TO IN SECTIONS 1016 AND 1017(B)(1). IF A SPECIAL MESSAGE
IS TRANSMITTED UNDER SECTION 1012 DURING ANY CONGRESS AND THE LAST
SESSION OF SUCH CONGRESS ADJOURNS SINE DIE BEFORE THE EXPIRATION
OF 45 CALENDAR DAYS OF CONTINUOUS SESSION (OR A SPECIAL MESSAGE IS
SO TRANSMITTED AFTER THE LAST SESSION OF THE CONGRESS ADJOURNS
SINE DIE), THE MESSAGE SHALL BE DEEMED TO HAVE BEEN RETRANSMITTED
ON THE FIRST DAY OF THE SUCCEEDING CONGRESS AND THE 45-DAY PERIOD
REFERRED TO IN PARAGRAPH (3) OF THIS SECTION AND IN SECTION 1012
(WITH RESPECT TO SUCH MESSAGE) SHALL COMMENCE ON THE DAY AFTER
SUCH FIRST DAY.
SEC. 1012. (A) TRANSMITTAL OF SPECIAL MESSAGE.--WHENEVER THE
PRESIDENT DETERMINES THAT ALL OR PART OF ANY BUDGET AUTHORITY WILL NOT
BE REQUIRED TO CARRY OUT THE FULL OBJECTIVES OR SCOPE OF PROGRAMS FOR
WHICH IT IS PROVIDED OR THAT SUCH BUDGET AUTHORITY SHOULD BE RESCINDED
FOR FISCAL POLICY OR OTHER REASONS (INCLUDING THE TERMINATION OF
AUTHORIZED PROJECTS OR ACTIVITIES FOR WHICH BUDGET AUTHORITY HAS BEEN
PROVIDED), OR WHENEVER ALL OR PART OF BUDGET AUTHORITY PROVIDED FOR ONLY
ONE FISCAL YEAR IS TO BE RESERVED FROM OBLIGATION FOR SUCH FISCAL YEAR,
THE PRESIDENT SHALL TRANSMIT TO BOTH HOUSES OF CONGRESS A SPECIAL
MESSAGE SPECIFYING--,
(1) THE AMOUNT OF BUDGET AUTHORITY WHICH HE PROPOSES TO BE
RESCINDED OR WHICH IS TO BE SO RESERVED;
(2) ANY ACCOUNT, DEPARTMENT, OR ESTABLISHMENT OF THE GOVERNMENT
TO WHICH SUCH BUDGET AUTHORITY IS AVAILABLE FOR OBLIGATION, AND
THE SPECIFIC PROJECT OR GOVERNMENTAL FUNCTIONS INVOLVED;
(3) THE REASONS WHY THE BUDGET AUTHORITY SHOULD BE RESCINDED OR
IS TO BE SO RESERVED;
(4) TO THE MAXIMUM EXTENT PRACTICABLE, THE ESTIMATED FISCAL,
ECONOMIC, AND BUDGETARY EFFECT OF THE PROPOSED RESCISSION OR OF
THE RESERVATION; AND
(5) ALL FACTS, CIRCUMSTANCES, AND CONSIDERATIONS RELATING TO OR
BEARING UPON THE PROPOSED RESCISSION OR THE RESERVATION AND THE
DECISION TO EFFECT THE PROPOSED RESCISSION OR THE RESERVATION, AND
TO THE MAXIMUM EXTENT PRACTICABLE, THE ESTIMATED EFFECT OF THE
PROPOSED RESCISSION OR THE RESERVATION UPON THE OBJECTS, PURPOSES,
AND PROGRAMS FOR WHICH THE BUDGET AUTHORITY IS PROVIDED.
(B) REQUIREMENT TO MAKE AVAILABLE FOR OBLIGATION.--ANY AMOUNT OF
BUDGET AUTHORITY PROPOSED TO BE RESCINDED OR THAT IS TO BE RESERVED AS
SET FORTH IN SUCH SPECIAL MESSAGE SHALL BE MADE AVAILABLE FOR OBLIGATION
UNLESS, WITHIN THE PRESCRIBED 45-DAY PERIOD, THE CONGRESS HAS COMPLETED
ACTION ON A RESCISSION BILL RESCINDING ALL OR PART OF THE AMOUNT
PROPOSED TO BE RESCINDED OR THAT IS TO BE RESERVED.
SEC. 1013. (A) TRANSMITTAL OF SPECIAL MESSAGE.--WHENEVER THE
PRESIDENT, THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, THE HEAD
OF ANY DEPARTMENT OR AGENCY OF THE UNITED STATES, OR ANY OFFICER OR
EMPLOYEE OF THE UNITED STATES PROPOSES TO DEFER ANY BUDGET AUTHORITY
PROVIDED FOR A SPECIFIC PURPOSE OR PROJECT, THE PRESIDENT SHALL TRANSMIT
TO THE HOUSE OF REPRESENTATIVES AND THE SENATE A SPECIAL MESSAGE
SPECIFYING--,
(1) THE AMOUNT OF THE BUDGET AUTHORITY PROPOSED TO BE DEFERRED;
(2) ANY ACCOUNT, DEPARTMENT, OR ESTABLISHMENT OF THE GOVERNMENT
TO WHICH SUCH BUDGET AUTHORITY IS AVAILABLE FOR OBLIGATION, AND
THE SPECIFIC PROJECTS OR GOVERNMENTAL FUNCTIONS INVOLVED;
(3) THE PERIOD OF TIME DURING WHICH THE BUDGET AUTHORITY IS
PROPOSED TO BE DEFERRED;
(4) THE REASONS FOR THE PROPOSED DEFERRAL, INCLUDING ANY LEGAL
AUTHORITY INVOKED BY HIM TO JUSTIFY THE PROPOSED DEFERRAL;
(5) TO THE MAXIMUM EXTENT PRACTICABLE, THE ESTIMATED FISCAL,
ECONOMIC, AND BUDGETARY EFFECT OF THE PROPOSED DEFERRAL; AND
(6) ALL FACTS, CIRCUMSTANCES, AND CONSIDERATIONS RELATING TO OR
BEARING UPON THE PORPOSED DEFERRAL AND THE DECISION TO EFFECT THE
PROPOSED DEFERRAL, INCLUDING AN ANALYSIS OF SUCH FACTS,
CIRCUMSTANCES, AND CONSIDERATIONS IN TERMS OF THEIR APPLICATION TO
ANY INFORMATION COMPILED IN CARRYING OUT CLAUSES (1) AND (2) OF
SUBSECTION (A), AND, TO THE EXTENT PRACTICABLE, SUCH ADDITIONAL
INFORMATION RELATED TO THE FOREGOING AS MAY BE REQUESTED.
(2) AT THE REQUEST OF ANY MEMBER OF THE HOUSE OR SENATE, THE
OFFICE SHALL PROVIDE TO SUCH MEMBER ANY INFORMATION COMPILED IN
CARRYING OUT CLAUSES (1) AND (2) OF SUBSECTION (A), AND, TO THE
EXTENT AVAILABLE, SUCH ADDITIONAL INFORMATION RELATED TO THE
FOREGOING AS MAY BE REQUESTED.
(D) ASSIGNMENT OF OFFICE PERSONNEL TO COMMITTEES AND JOINT
COMMITTEES.--AT THE REQUEST OF THE COMMITTEE ON THE BUDGET OF EITHER
HOUSE, PERSONNEL OF THE OFFICE SHALL BE ASSIGNED, ON A TEMPORARY BASIS,
TO ASSIST SUCH COMMITTEE. AT THE REQUEST OF ANY OTHER COMMITTEE OF
EITHER HOUSE OR ANY JOINT COMMITTEE OF THE CONGRESS, PERSONNEL OF THE
OFFICE MAY BE ASSIGNED, ON A TEMPORARY BASIS, TO ASSIST SUCH COMMITTEE
OR JOINT COMMITTEE WITH RESPECT TO MATTERS DIRECTLY RELATED TO THE
APPLICABLE PROVISIONS OF SUBSECTION (B) OR (C).
(E) TRANSFER OF FUNCTIONS OF JOINT COMMITTEE ON REDUCTION OF FEDERAL
EXPENDITURES.--,
(1) THE DUTIES, FUNCTIONS, AND PERSONNEL OF THE JOINT COMMITTEE
ON REDUCTION OF FEDERAL EXPENDITURES ARE TRANSFERRED TO THE
OFFICE, AND THE JOINT COMMITTEE IS ABOLISHED.
(2) SECTION 601 OF THE REVENUE ACT OF 1941 (55 STAT. 726) //79
STAT. 1026, 31 USC 571.// IS REPEALED.
(F) REPORTS TO BUDGET COMMITTEES.--,
(1) ON OR BEFORE APRIL 1 OF EACH YEAR, THE DIRECTOR SHALL
SUBMIT TO THE COMMITTEES ON THE BUDGET OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE A REPORT, FOR THE FISCAL YEAR
COMMENCING ON OCTOBER 1 OF THAT YEAR, WITH RESPECT TO FISCAL
POLICY, INCLUDING (A) ALTERNATIVE LEVELS OF TOTAL REVENUES, TOTAL
NEW BUDGET AUTHORITY, AND TOTAL OUTLAYS (INCLUDING RELATED
SURPLUSES AND DEFICITS), AND (B) THE LEVELS OF TAX EXPENDITURES
UNDER EXISTING LAW, TAKING INTO ACCOUNT PROJECTED ECONOMIC FACTORS
AND ANY CHANGES IN SUCH LEVELS BASED ON PROPOSALS IN THE BUDGET
SUBMITTED BY THE PRESIDENT FOR SUCH FISCAL YEAR. SUCH REPORT
SHALL ALSO INCLUDE A DISCUSSION OF NATIONAL BUDGET PRIORITIES,
INCLUDING ALTERNATIVE WAYS OF ALLOCATING BUDGET AUTHORITY AND
BUDGET OUTLAYS FOR SUCH FISCAL YEAR AMONG MAJOR PROGRAMS OR
FUNCTIONAL CATEGORIES, TAKING INTO ACCOUNT HOW SUCH ALTERNATIVE
ALLOCATIONS WILL MEET MAJOR NATIONAL NEEDS AND AFFECT BALANCED
GROWTH AND DEVELOPMENT OF THE UNITED STATES.
(2) THE DIRECTOR SHALL FROM TIME TO TIME SUBMIT TO THE
COMMITTEES ON THE BUDGET OF THE HOUSE OF REPRESENTATIVES AND THE
SENATE SUCH FURTHER REPORTS (INCLUDING REPORTS REVISING THE REPORT
REQUIRED BY PARAGRAPH (1)) AS MAY BE NECESSARY OR APPROPRIATE TO
PROVIDE SUCH COMMITTEES WITH INFORMATION, DATA, AND ANALYSES FOR
THE PERFORMANCE OF THEIR DUTIES AND FUNCTIONS.
(G) USE OF COMPUTERS AND OTHER TECHNIQUES.--THE DIRECTOR MAY EQUIP
THE OFFICE WITH UP-TO-DATE COMPUTER CAPABILITY (UPON APPROVAL OF THE
COMMITTEE ON HOUSE ADMINISTRATION OF THE HOUSE OF REPRESENTATIVES AND
THE COMMITTEE ON RULES AND ADMINISTRATION OF THE SENATE), OBTAIN THE
SERVICES OF EXPERTS AND CONSULTANTS IN COMPUTER TECHNOLOGY, AND DEVELOP
TECHNIQUES FOR THE EVALUATION OF BUDGETARY REQUIREMENTS.
SEC. 203. (A) RIGHT TO COPY.--EXCEPT AS PROVIDED IN SUBSECTIONS (C)
AND (D), THE DIRECTOR SHALL MAKE ALL INFORMATION, DATA, ESTIMATES, AND
STATISTICS OBTAINED UNDER SECTIONS 201(D) AND 201(E) AVAILABLE FOR
PUBLIC COPYING DURING NORMAL BUSINESS HOURS, SUBJECT TO REASONABLE RULES
AND REGULATIONS, AND SHALL TO THE EXTENT PRACTICABLE, AT THE REQUEST OF
ANY PERSON, FURNISH A COPY OF ANY SUCH INFORMATION, DATA, ESTIMATES, OR
STATISTICS UPON PAYMENT BY SUCH PERSON OF THE COST OF MAKING AND
FURNISHING SUCH COPY.
(B) INDEX.--THE DIRECTOR SHALL DEVELOP AND MAINTAIN FILING, CODING,
AND INDEXING SYSTEMS THAT IDENTIFY THE INFORMATION, DATA, ESTIMATES, AND
STATISTICS TO WHICH SUBSECTION (A) APPLIES AND SHALL MAKE SUCH SYSTEMS
AVAILABLE FOR PUBLIC USE DURING NORMAL BUSINESS HOURS.
(C) EXCEPTIONS.--SUBSECTION (A) SHALL NOT APPLY TO INFORMATION, DATA,
ESTIMATES, AND STATISTICS--,
(1) WHICH ARE SPECIFICALLY EXEMPTED FROM DISCLOSURE BY LAW;
OR
(2) WHICH THE DIRECTOR DETERMINES WILL DISCLOSE-
(A) MATTERS NECESSARY TO BE KEPT SECRET IN THE INTERESTS OF
NATIONAL DEFENSE OR THE CONFIDENTIAL CONDUCT OF THE FOREIGN
RELATIONS OF THE UNITED STATES;
(B) INFORMATION RELATING TO TRADE SECRETS OR FINANCIAL OR
COMMERCIAL INFORMATION PERTAINING SPECIFICALLY TO A GIVEN PERSON
IF THE INFORMATION HAS BEEN OBTAINED BY THE GOVERNMENT ON A
CONFIDENTIAL BASIS, OTHER THAN THROUGH AN APPLICATION BY SUCH
PERSON FOR A SPECIFIC FINANCIAL OR OTHER BENEFIT, AND IS REQUIRED
TO BE KEPT SECRET IN ORDER TO PREVENT UNDUE INJURY TO THE
COMPETITIVE POSITION OF SUCH PERSON; OR
(C) PERSONNEL OR MEDICAL DATA OR SIMILAR DATA THE DISCLOSURE OF
WHICH WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL
PRIVACY; UNLESS THE PORTIONS CONTAINING SUCH MATTERS,
INFORMATION, OR DATA HAVE BEEN EXCISED.
(D) INFORMATION OBTAINED FOR COMMITTEES AND MEMBERS.--SUBSECTION (A)
SHALL APPLY TO ANY INFORMATION, DATA, ESTIMATES, AND STATISTICS OBTAINED
AT THE REQUEST OF ANY COMMITTEE, JOINT COMMITTEE, OR MEMBER UNLESS SUCH
COMMITTEE, JOINT COMMITTEE, OR MEMBER HAS INSTRUCTED THE DIRECTOR NOT TO
MAKE SUCH INFORMATION, DATA, ESTIMATES, OR STATISTICS AVAILABLE FOR
PUBLIC COPYING.
SEC. 300. THE TIMETABLE WITH RESPECT TO THE CONGRESSIONAL BUDGET
PROCESS FOR ANY FISCAL YEAR IS AS FOLLOWS:
SEC. 301. (A) ACTION TO BE COMPLETED BY MAY 15.--ON OR BEFORE MAY 15
OF EACH YEAR, THE CONGRESS SHALL COMPLETE ACTION ON THE FIRST CONCURRENT
RESOLUTION ON THE BUDGET FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1 OF
SUCH YEAR. THE CONCURRENT RESOLUTION SHALL SET FORTH--,
(1) THE APPROPRIATE LEVEL OF TOTAL BUDGET OUTLAYS AND OF TOTAL
NEW BUDGET AUTHORITY;
(2) AN ESTIMATE OF BUDGET OUTLAYS AND AN APPROPRIATE LEVEL OF
NEW BUDGET AUTHORITY FOR EACH MAJOR FUNCTIONAL CATEGORY, FOR
CONTINGENCIES, AND FOR UNDISTRIBUTED INTRAGOVERNMENTAL
TRANSACTIONS, BASED ON ALLOCATIONS OF THE APPROPRIATE LEVEL OF
TOTAL BUDGET OUTLAYS AND OF TOTAL NEW BUDGET AUTHORITY;
(3) THE AMOUNT, IF ANY, OF THE SURPLUS OR THE DEFICIT IN THE
BUDGET WHICH IS APPROPRIATE IN LIGHT OF ECONOMIC CONDITIONS AND
ALL OTHER RELEVANT FACTORS;
(4) THE RECOMMENDED LEVEL OF FEDERAL REVENUES AND THE AMOUNT,
IF ANY, BY WHICH THE AGGREGATE LEVEL OF FEDERAL REVENUES SHOULD BE
INCREASED OR DECREASED BY BILLS AND RESOLUTIONS TO BE REPORTED BY
THE APPROPRIATE COMMITTEES;
(5) THE APPROPRIATE LEVEL OF THE PUBLIC DEBT, AND THE AMOUNT,
IF ANY, BY WHICH THE STATUTORY LIMIT ON THE PUBLIC DEBT SHOULD BE
INCREASED OR DECREASED BY BILLS AND RESOLUTIONS TO BE REPORTED BY
THE APPROPRIATE COMMITTEES; AND
(6) SUCH OTHER MATTERS RELATING TO THE BUDGET AS MAY BE
APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS ACT.
(B) ADDITIONAL MATTERS IN CONCURRENT RESOLUTION.--THE FIRST
CONCURRENT RESOLUTION ON THE BUDGET MAY ALSO REQUIRE--,
(1) A PROCEDURE UNDER WHICH ALL OR CERTAIN BILLS AND
RESOLUTIONS PROVIDING NEW BUDGET AUTHORITY OR PROVIDING NEW
SPENDING AUTHORITY DESCRIBED IN SECTION 401(C)(2)(C) FOR SUCH
FISCAL YEAR SHALL NOT BE ENROLLED UNTIL THE CONCURRENT RESOLUTION
REQUIRED TO BE REPORTED UNDER SECTION 310(A) HAS BEEN AGREED TO,
AND, IF A RECONCILIATION BILL OR RECONCILIATION RESOLUTION, OR
BOTH, ARE REQUIRED TO BE REPORTED UNDER SECTION 310(C), UNTIL
CONGRESS HAS COMPLETED ACTION ON THAT BILL OR RESOLUTION, OR BOTH;
AND
(2) ANY OTHER PROCEDURE WHICH IS CONSIDERED APPROPRIATE TO
CARRY OUT THE PURPOSES OF THIS ACT.
NOT LATER THAN THE CLOSE OF THE NINETY-FIFTH CONGRESS, THE COMMITTEE ON
THE BUDGET OF EACH HOUSE SHALL REPORT TO ITS HOUSE ON THE IMPLEMENTATION
OF PROCEDURES DESCRIBED IN THIS SUBSECTION.
(C) VIEWS AND ESTIMATES OF OTHER COMMITTEES.--ON OR BEFORE MARCH 15
OF EACH YEAR, EACH STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES
SHALL SUBMIT TO THE COMMITTEE ON THE BUDGET OF THE HOUSE, EACH STANDING
COMMITTEE OF THE SENATE SHALL SUBMIT TO THE COMMITTEE ON THE BUDGET OF
THE SENATE, AND THE JOINT ECONOMIC COMMITTEE AND JOINT COMMITTEE ON
INTERNAL REVENUE TAXATION SHALL SUBMIT TO THE COMMITTEES ON THE BUDGET
OF BOTH HOUSES--,
(1) ITS VIEWS AND ESTIMATES WITH RESPECT TO ALL MATTERS SET
FORTH IN SUBSECTION (A) WHICH RELATE TO MATTERS WITHIN THE
RESPECTIVE JURISDICTION OR FUNCTIONS OF SUCH COMMITTEE OR JOINT
COMMITTEE; AND
(2) EXCEPT IN THE CASE OF SUCH JOINT COMMITTEES, THE ESTIMATE
OF THE TOTAL AMOUNTS OF NEW BUDGET AUTHORITY, AND BUDGET OUTLAYS
RESULTING THEREFROM, TO BE PROVIDED OR AUTHORIZED IN ALL BILLS AND
RESOLUTIONS WITHIN THE JURISDICTION OF SUCH COMMITTEE WHICH SUCH
COMMITTEE INTENDS TO BE EFFECTIVE DURING THE FISCAL YEAR BEGINNING
ON OCTOBER 1 OF SUCH YEAR.
THE JOINT ECONOMIC COMMITTEE SHALL ALSO SUBMIT TO THE COMMITTEES ON THE
BUDGET OF BOTH HOUSES, ITS RECOMMENDATIONS AS TO THE FISCAL POLICY
APPROPRIATE TO THE GOALS OF THE EMPLOYMENT ACT OF 1946. //60 STAT. 23,
15 USC 1021 NOTE.// ANY OTHER COMMITTEE OF THE HOUSE OR SENATE MAY
SUBMIT TO THE COMMITTEE ON THE BUDGET OF ITS HOUSE, AND ANY OTHER JOINT
COMMITTEE OF THE CONGRESS MAY SUBMIT TO THE COMMITTEES ON THE BUDGET OF
BOTH HOUSES, ITS VIEWS AND ESTIMATES WITH RESPECT TO ALL MATTERS SET
FORTH IN SUBSECTION (A) WHICH RELATE TO MATTERS WITHIN ITS JURISDICTION
OR FUNCTIONS.
(D) HEARINGS AND REPORT.--IN DEVELOPING THE FIRST CONCURRENT
RESOLUTION ON THE BUDGET REFERRED TO IN SUBSECTION (A) FOR EACH FISCAL
YEAR, THE COMMITTEE ON THE BUDGET OF EACH HOUSE SHALL HOLD HEARINGS AND
SHALL RECEIVE TESTIMONY FROM MEMBERS OF CONGRESS AND SUCH APPROPRIATE
REPRESENTATIVES OF FEDERAL DEPARTMENTS AND AGENCIES, THE GENERAL PUBLIC,
AND NATIONAL ORGANIZATIONS AS THE COMMITTEE DEEMS DESIRABLE. ON OR
BEFORE APRIL 15 OF EACH YEAR, THE COMMITTEE ON THE BUDGET OF EACH HOUSE
SHALL REPORT TO ITS HOUSE THE FIRST CONCURRENT RESOLUTION ON THE BUDGET
REFERRED TO IN SUBSECTION (A) FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1
OF SUCH YEAR. THE REPORT ACCOMPANYING SUCH CONCURRENT RESOLUTION SHALL
INCLUDE, BUT NOT BE LIMITED TO--,
(1) A COMPARISON OF REVENUES ESTIMATED BY THE COMMITTEE WITH
THOSE ESTIMATED IN THE BUDGET SUBMITTED BY THE PRESIDENT;
(2) A COMPARISON OF THE APPROPRIATE LEVELS OF TOTAL BUDGET
OUTLAYS AND TOTAL NEW BUDGET AUTHORITY, AS SET FORTH IN SUCH
CONCURRENT RESOLUTION, WITH TOTAL BUDGET OUTLAYS ESTIMATED AND
TOTAL NEW BUDGET AUTHORITY REQUESTED IN THE BUDGET SUBMITTED BY
THE PRESIDENT;
(3) WITH RESPECT TO EACH MAJOR FUNCTIONAL CATEGORY, AN ESTIMATE
OF BUDGET OUTLAYS AND AN APPROPRIATE LEVEL OF NEW BUDGET AUTHORITY
FOR ALL PROPOSED PROGRAMS AND FOR ALL EXISTING PROGRAMS (INCLUDING
RENEWALS THEREOF), WITH THE ESTIMATE AND LEVEL FOR EXISTING
PROGRAMS BEING DIVIDED BETWEEN PERMANENT AUTHORITY AND FUNDS
PROVIDED IN APPROPRIATION ACTS, AND EACH SUCH DIVISION BEING
SUBDIVIDED BETWEEN CONTROLLABLE AMOUNTS AND ALL OTHER AMOUNTS;
(4) AN ALLOCATION OF THE LEVEL OF FEDERAL REVENUES RECOMMENDED
IN THE CONCURRENT RESOLUTION AMONG THE MAJOR SOURCES OF SUCH
REVENUES;
(5) THE ECONOMIC ASSUMPTIONS AND OBJECTIVES WHICH UNDERLIE EACH
OF THE MATTERS SET FORTH IN SUCH CONCURRENT RESOLUTION AND
ALTERNATIVE ECONOMIC ASSUMPTIONS AND OBJECTIVES WHICH THE
COMMITTEE CONSIDERED;
(6) PROJECTIONS, NOT LIMITED TO THE FOLLOWING, FOR THE PERIOD
OF FIVE FISCAL YEARS BEGINNING WITH SUCH FISCAL YEAR OF THE
ESTIMATED LEVELS OF TOTAL BUDGET OUTLAYS, TOTAL NEW BUDGET
OUTLAYS, TOTAL NEW BUDGET AUTHORITY, THE ESTIMATED REVENUES TO BE
RECEIVED, AND THE ESTIMATED SURPLUS OR DEFICIT, IF ANY, FOR EACH
FISCAL YEAR IN SUCH PERIOD, AND THE ESTIMATED LEVELS OF TAX
EXPENDITURES (THE TAX EXPENDITURES BUDGET) BY MAJOR FUNCTIONAL
CATEGORIES;
(7) A STATEMENT OF ANY SIGNIFICANT CHANGES IN THE PROPOSED
LEVELS OF FEDERAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS; AND
(8) INFORMATION, DATA, AND COMPARISONS INDICATING THE MANNER IN
WHICH, AND THE BASIS ON WHICH, THE COMMITTEE DETERMINED EACH OF
THE MATTERS SET FORTH IN THE CONCURRENT RESOLUTION, AND THE
RELATIONSHIP OF SUCH MATTERS TO OTHER BUDGET CATEGORIES.
SEC. 302. (A) ALLOCATION OF TOTALS.--THE JOINT EXPLANATORY STATEMENT
ACCOMPANYING A CONFERENCE REPORT ON A CONCURRENT RESOLUTION ON THE
BUDGET SHALL INCLUDE AN ESTIMATED ALLOCATION, BASED UPON SUCH CONCURRENT
RESOLUTION AS RECOMMENDED IN SUCH CONFERENCE REPORT, OF THE APPROPRIATE
LEVELS OF TOTAL BUDGET OUTLAYS AND TOTAL NEW BUDGET AUTHORITY AMONG EACH
COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE WHICH HAS
JURISDICTION OVER BILLS AND RESOLUTIONS PROVIDING SUCH NEW BUDGET
AUTHORITY.
(B) REPORTS BY COMMITTEES.--AS SOON AS PRACTICABLE AFTER A CONCURRENT
RESOLUTION ON THE BUDGET IS AGREED TO--,
(1) THE COMMITTEE ON APPROPRIATIONS OF EACH HOUSE SHALL, AFTER
CONSULTING WITH THE COMMITTEE ON APPROPRIATIONS OF THE OTHER
HOUSE, (A) SUBDIVIDE AMONG ITS SUBCOMMITTEES THE ALLOCATION OF
BUDGET OUTLAYS AND NEW BUDGET AUTHORITY ALLOCATED TO IT IN THE
JOINT EXPLANATORY STATEMENT ACCOMPANYING THE CONFERENCE REPORT ON
SUCH CONCURRENT RESOLUTION, AND (B) FURTHER SUBDIVIDE THE AMOUNT
WITH RESPECT TO EACH SUCH SUBCOMMITTEE BETWEEN CONTROLLABLE
AMOUNTS AND ALL OTHER AMOUNTS; AND
(2) EVERY OTHER COMMITTEE OF THE HOUSE AND SENATE TO WHICH AN
ALLOCATION WAS MADE IN SUCH JOINT EXPLANATORY STATEMENT SHALL,
AFTER CONSULTING WITH THE COMMITTEE OR COMMITTEES OF THE OTHER
HOUSE TO WHICH ALL OR PART OF ITS ALLOCATION WAS MADE, (A)
SUBDIVIDE SUCH ALLOCATION AMONG ITS SUBCOMMITTEES OR AMONG
PROGRAMS OVER WHICH IT HAS JURISDICTION, AND (B) FURTHER SUBDIVIDE
THE AMOUNT WITH RESPECT TO EACH SUBCOMMITTEE OR PROGRAM BETWEEN
CONTROLLABLE AMOUNTS AND ALL OTHER AMOUNTS.
EACH SUCH COMMITTEE SHALL PROMPTLY REPORT TO ITS HOUSE THE SUBDIVISIONS
MADE BY IT PURSUANT TO THIS SUBSECTION.
(C) SUBSEQUENT CONCURRENT RESOLUTIONS.--IN THE CASE OF A CONCURRENT
RESOLUTION ON THE BUDGET REFERRED TO IN SECTION 304 OR 310, THE
ALLOCATION UNDER SUBSECTION (A) AND THE SUBDIVISIONS UNDER SUBSECTION
(B) SHALL BE REQUIRED ONLY TO THE EXTENT NECESSARY TO TAKE INTO ACCOUNT
REVISIONS MADE IN THE MOST RECENTLY AGREED TO CONCURRENT RESOLUTION ON
THE BUDGET.
SEC. 303. (A) IN GENERAL.--IT SHALL NOT BE IN ORDER IN EITHER THE
HOUSE OF REPRESENTATIVES OR THE SENATE TO CONSIDER ANY BILL OR
RESOLUTION (OR AMENDMENT THERETO) WHICH PROVIDES--,
(1) NEW BUDGET AUTHORITY FOR A FISCAL YEAR;
(2) AN INCREASE OR DECREASE IN REVENUES TO BECOME EFFECTIVE
DURING A FISCAL YEAR;
(3) AN INCREASE OR DECREASE IN THE PUBLIC DEBT LIMIT TO BECOME
EFFECTIVE DURING A FISCAL YEAR; OR
(4) NEW SPENDING AUTHORITY DESCRIBED IN SECTION 401(C)(2)(C) TO
BECOME EFFECTIVE DURING A FISCAL YEAR;
UNTIL THE FIRST CONCURRENT RESOLUTION ON THE BUDGET FOR SUCH YEAR HAS
BEEN AGREED TO PURSUANT TO SECTION 301.
(B) EXCEPTIONS.--SUBSECTION (A) DOES NOT APPLY TO ANY BILL OR
RESOLUTION--,
(1) PROVIDING NEW BUDGET AUTHORITY WHICH FIRST BECOMES
AVAILABLE IN A FISCAL YEAR FOLLOWING THE FISCAL YEAR TO WHICH THE
CONCURRENT RESOLUTION APPLIES; OR
(2) INCREASING OR DECREASING REVENUES WHICH FIRST BECOME
EFFECTIVE IN A FISCAL YEAR FOLLOWING THE FISCAL YEAR TO WHICH THE
CONCURRENT RESOLUTION APPLIES.
(C) WAIVER IN THE SENATE.--,
(1) THE COMMITTEE OF THE SENATE WHICH REPORTS ANY BILL OR
RESOLUTION TO WHICH SUBSECTION (A) APPLIES MAY AT OR AFTER THE
TIME IT REPORTS SUCH BILL OR RESOLUTION, REPORT A RESOLUTION TO
THE SENATE (A) PROVIDING FOR THE WAIVER OF SUBSECTION (A) WITH
RESPECT TO SUCH BILL OR RESOLUTION, AND (B) STATING THE REASONS
WHY THE WAIVER IS NECESSARY. THE RESOLUTION SHALL THEN BE
REFERRED TO THE COMMITTEE ON THE BUDGET OF THE SENATE. THAT
COMMITTEE SHALL REPORT THE RESOLUTION TO THE SENATE WITHIN 10 DAYS
AFTER THE RESOLUTION IS REFERRED TO IT (NOT COUNTING ANY DAY ON
WHICH THE SENATE IS NOT IN SESSION) BEGINNING WITH THE DAY
FOLLOWING THE DAY ON WHICH IT IS SO REFERRED, ACCOMPANIED BY THAT
COMMITTEE'S RECOMMENDATIONS AND REASONS FOR SUCH RECOMMENDATIONS
WITH RESPECT TO THE RESOLUTION. IF THE COMMITTEE DOES NOT REPORT
THE RESOLUTION WITHIN SUCH 10-DAY PERIOD, IT SHALL AUTOMATICALLY
BE DISCHARGED FROM FURTHER CONSIDERATION OF THE RESOLUTION AND THE
RESOLUTION SHALL BE PLACED ON THE CALENDAR.
(2) DURING THE CONSIDERATION OF ANY SUCH RESOLUTION, DEBATE
SHALL BE LIMITED TO ONE HOUR, TO BE EQUALLY DIVIDED BETWEEN, AND
CONTROLLED BY, THE MAJORITY LEADER AND MINORITY LEADER OR THEIR
DESIGNEES, AND THE TIME ON ANY DEBATABLE MOTION OR APPEAL SHALL BE
LIMITED TO TWENTY MINUTES, TO BE EQUALLY DIVIDED BETWEEN, AND
CONTROLLED BY, THE MOVER AND THE MANAGER OF THE RESOLUTION. IN
THE EVENT THE MANAGER OF THE RESOLUTION IS IN FAVOR OF ANY SUCH
MOTION OR APPEAL, THE TIME IN OPPOSITION THERETO SHALL BE
CONTROLLED BY THE MINORITY LEADER OR HIS DESIGNEE. SUCH LEADERS,
OR EITHER OF THEM, MAY, FROM THE TIME UNDER THEIR CONTROL ON THE
PASSAGE OF SUCH RESOLUTION, ALLOT ADDITIONAL TIME TO ANY SENATOR
DURING THE CONSIDERATION OF ANY DEBATABLE MOTION OR APPEAL. NO
AMENDMENT TO THE RESOLUTION IS IN ORDER.
(3) IF, AFTER THE COMMITTEE ON THE BUDGET HAS REPORTED (OR BEEN
DISCHARGED FROM FURTHER CONSIDERATION OF) THE RESOLUTION, THE
SENATE AGREES TO THE RESOLUTION, THEN SUBSECTION (A) OF THIS
SECTION SHALL NOT APPLY WITH RESPECT TO THE BILL OR RESOLUTION TO
WHICH THE RESOLUTION SO AGREED TO APPLIES.
SEC. 304. AT ANY TIME AFTER THE FIRST CONCURRENT RESOLUTION ON THE
BUDGET FOR A FISCAL YEAR HAS BEEN AGREED TO PURSUANT TO SECTION 301, AND
BEFORE THE END OF SUCH FISCAL YEAR, THE TWO HOUSES MAY ADOPT A
CONCURRENT RESOLUTION ON THE BUDGET WHICH REVISES THE CONCURRENT
RESOLUTION ON THE BUDGET FOR SUCH FISCAL YEAR MOST RECENTLY AGREED TO.
SEC. 305. (A) PROCEDURE IN HOUSE OF REPRESENTATIVES AFTER REPORT OF
COMMITTEE; DEBATE.--,
(1) WHEN THE COMMITTEE ON THE BUDGET OF THE HOUSE HAS REPORTED
ANY CONCURRENT RESOLUTION ON THE BUDGET, IT IS IN ORDER AT ANY
TIME AFTER THE TENTH DAY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
HOLIDAYS) FOLLOWING THE DAY ON WHICH THE REPORT UPON SUCH
RESOLUTION HAS BEEN AVAILABLE TO MEMBERS OF THE HOUSE (EVEN THOUGH
A PREVIOUS MOTION TO THE SAME EFFECT HAS BEEN DISAGREED TO) TO
MOVE TO PROCEED TO THE CONSIDERATION OF THE CONCURRENT RESOLUTION.
THE MOTION IS HIGHLY PRIVILEGED AND IS NOT DEBATABLE. AN
AMENDMENT TO THE MOTION IS NOT IN ORDER, AND IT IS NOT IN ORDER TO
MOVE TO RECONSIDER THE VOTE BY WHICH THE MOTION IS AGREED TO OR
DISAGREED TO.
(2) GENERAL DEBATE ON ANY CONCURRENT RESOLUTION ON THE BUDGET
IN THE HOUSE OF REPRESENTATIVES SHALL BE LIMITED TO NOT MORE THAN
10 HOURS, WHICH SHALL BE DIVIDED EQUALLY BETWEEN THE MAJORITY AND
MINORITY PARTIES. A MOTION FURTHER TO LIMIT DEBATE IS NOT
DEBATABLE. A MOTION TO RECOMMIT THE CONCURRENT RESOLUTION IS NOT
IN ORDER, AND IT IS NOT IN ORDER TO MOVE TO RECONSIDER THE VOTE BY
WHICH THE CONCURRENT RESOLUTION IS AGREED TO OR DISAGREED TO.
(3) CONSIDERATION OF ANY CONCURRENT RESOLUTION ON THE BUDGET BY
THE HOUSE OF REPRESENTATIVES SHALL BE IN THE COMMITTEE OF THE
WHOLE, AND THE RESOLUTION SHALL BE READ FOR AMENDMENT UNDER THE
FIVE-MINUTE RULE IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF
RULE XXIII OF THE RULES OF THE HOUSE OF REPRESENTATIVES. AFTER
THE COMMITTEE RISES AND REPORTS THE RESOLUTION BACK TO THE HOUSE,
THE PREVIOUS QUESTION SHALL BE CONSIDERED AS ORDERED ON THE
RESOLUTION AND ANY AMENDMENTS THERETO TO FINAL PASSAGE WITHOUT
INTERVENING MOTION; EXCEPT THAT IT SHALL BE IN ORDER AT ANY TIME
PRIOR TO FINAL PASSAGE (NOTWITHSTANDING ANY OTHER RULE OR
PROVISION OF LAW) TO ADOPT AN AMENDMENT (OR A SERIES OF
AMENDMENTS) CHANGING ANY FIGURE OR FIGURES IN THE RESOLUTION AS SO
REPORTED TO THE EXTENT NECESSARY TO ACHIEVE MATHEMATICAL
CONSISTENCY.
(4) DEBATE IN THE HOUSE OF REPRESENTATIVES ON THE CONFERENCE
REPORT OR ANY CONCURRENT RESOLUTION ON THE BUDGET SHALL BE LIMITED
TO NOT MORE THAN 5 HOURS, WHICH SHALL BE DIVIDED EQUALLY BETWEEN
THE MAJORITY AND MINORITY PARTIES. A MOTION FURTHER TO LIMIT
DEBATE IS NOT DEBATABLE. A MOTION TO RECOMMIT THE CONFERENCE
REPORT IS NOT IN ORDER, AND IT IS NOT IN ORDER TO MOVE TO
RECONSIDER THE VOTE BY WHICH THE CONFERENCE REPORT IS AGREED TO OR
DISAGREED TO.
(5) MOTIONS TO POSTPONE, MADE WITH RESPECT TO THE CONSIDERATION
OF ANY CONCURRENT RESOLUTION ON THE BUDGET, AND MOTIONS TO PROCEED
TO THE CONSIDERATION OF OTHER BUSINESS, SHALL BE DECIDED WITHOUT
DEBATE.
(6) APPEALS FROM THE DECISIONS OF THE CHAIR RELATING TO THE
APPLICATION OF THE RULES OF THE HOUSE OF REPRESENTATIVES TO THE
PROCEDURE RELATING TO ANY CONCURRENT RESOLUTION ON THE BUDGET
SHALL BE DECIDED WITHOUT DEBATE.
(B) PROCEDURE IN SENATE AFTER REPORT OF COMMITTEE; DEBATE;
AMENDMENTS.--,
(1) DEBATE IN THE SENATE ON ANY CONCURRENT RESOLUTION ON THE
BUDGET, AND ALL AMENDMENTS THERETO AND DEBATABLE MOTIONS AND
APPEALS IN CONNECTION THEREWITH, SHALL BE LIMITED TO NOT MORE THAN
50 HOURS, EXCEPT THAT, WITH RESPECT TO THE SECOND REQUIRED
CONCURRENT RESOLUTION REFERRED TO IN SECTION 310(A), ALL SUCH
DEBATE SHALL BE LIMITED TO NOT MORE THAN 15 HOURS. THE TIME SHALL
BE EQUALLY DIVIDED BETWEEN, AND CONTROLLED BY, THE MAJORITY LEADER
AND THE MINORITY LEADER OR THEIR DESIGNEES.
(2) DEBATE IN THE SENATE ON ANY AMENDMENT TO A CONCURRENT
RESOLUTION ON THE BUDGET SHALL BE LIMITED TO 2 HOURS, TO BE
EQUALLY DIVIDED BETWEEN, AND CONTROLLED BY, THE MOVER AND THE
MANAGER OF THE CONCURRENT RESOLUTION, AND DEBATE ON ANY AMENDMENT
TO AN AMENDMENT, DEBATABLE MOTION, OR APPEAL SHALL BE LIMITED TO 1
HOUR, TO BE EQUALLY DIVIDED BETWEEN, AND CONTROLLED BY, THE MOVER
AND THE MANAGER OF THE CONCURRENT RESOLUTION, EXCEPT THAT IN THE
EVENT THE MANAGER OF THE CONCURRENT RESOLUTION IS IN FAVOR OF ANY
SUCH AMENDMENT, MOTION, OR APPEAL, THE TIME IN OPPOSITION THERETO
SHALL BE CONTROLLED BY THE MINORITY LEADER OR HIS DESIGNEE. NO
AMENDMENT THAT IS NOT GERMANE TO THE PROVISIONS OF SUCH CONCURRENT
RESOLUTION SHALL BE RECEIVED. SUCH LEADERS, OR EITHER OF THEM,
MAY, FROM THE TIME UNDER THEIR CONTROL ON THE PASSAGE OF THE
CONCURRENT RESOLUTION, ALLOT ADDITIONAL TIME TO ANY SENATOR DURING
THE CONSIDERATION OF ANY AMENDMENT, DEBATABLE MOTION, OR APPEAL.
(3) A MOTION TO FURTHER LIMIT DEBATE IS NOT DEBATABLE. A
MOTION TO RECOMMIT (EXCEPT A MOTION TO RECOMMIT WITH INSTRUCTIONS
TO REPORT BACK WITHIN A SPECIFIED NUMBER OF DAYS, NOT TO EXCEED 3,
NOT COUNTING ANY DAY ON WHICH THE SENATE IS NOT IN SESSION) IS NOT
IN ORDER. DEBATE ON ANY SUCH MOTION TO RECOMMIT SHALL BE LIMITED
TO 1 HOUR, TO BE EQUALLY DIVIDED BETWEEN, AND CONTROLLED BY, THE
MOVER AND THE MANAGER OF THE CONCURRENT RESOLUTION.
(4) NOTWITHSTANDING ANY OTHER RULE, AN AMENDMENT, OR SERIES OF
AMENDMENTS, TO A CONCURRENT RESOLUTION ON THE BUDGET PROPOSED IN
THE SENATE SHALL ALWAYS BE IN ORDER IF SUCH AMENDMENT OR SERIES OF
AMENDMENTS PORPOSES TO CHANGE ANY FIGURE OR FIGURES THEN CONTAINED
IN SUCH CONCURRENT RESOLUTION SO AS TO MAKE SUCH CONCURRENT
RESOLUTION MATHEMATICALLY CONSISTENT OR SO AS TO MAINTAIN SUCH
CONSISTENCY.
(C) ACTION ON CONFERENCE REPORTS IN THE SENATE.--,
(1) THE CONFERENCE REPORT ON ANY CONCURRENT RESOLUTION ON THE
BUDGET SHALL BE IN ORDER IN THE SENATE AT ANY TIME AFTER THE THIRD
DAY (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) FOLLOWING
THE DAY ON WHICH SUCH A CONFERENCE REPORT IS REPORTED AND IS
AVAILABLE TO MEMBERS OF THE SENATE. A MOTION TO PROCEED TO THE
CONSIDERATION OF THE CONFERENCE REPORT MAY BE MADE EVEN THOUGH A
PREVIOUS MOTION TO THE SAME EFFECT HAS BEEN DISAGREED TO.
(2) DURING THE CONSIDERATION IN THE SENATE OF THE CONFERENCE
REPORT ON ANY CONCURRENT RESOLUTION ON THE BUDGET, DEBATE SHALL BE
LIMITED TO 10 HOURS, TO BE EQUALLY DIVIDED BETWEEN, AND CONTROLLED
BY, THE MAJORITY LEADER AND MINORITY LEADER OR THEIR DESIGNEES.
DEBATE ON ANY DEBATABLE MOTION OR APPEAL RELATED TO THE CONFERENCE
REPORT SHALL BE LIMITED TO 1 HOUR, TO BE EQUALLY DIVIDED BETWEEN,
AND CONTROLLED BY, THE MOVER AND THE MANAGER OF THE CONFERENCE
REPORT.
(3) SHOULD THE CONFERENCE REPORT BE DEFEATED, DEBATE ON ANY
REQUEST FOR A NEW CONFERENCE AND THE APPOINTMENT OF CONFEREES
SHALL BE LIMITED TO 1 HOUR, TO BE EQUALLY DIVIDED BETWEEN, AND
CONTROLLED BY, THE MANAGER OF THE CONFERENCE REPORT AND THE
MINORITY LEADER OR HIS DESIGNEE, AND SHOULD ANY MOTION BE MADE TO
INSTRUCT THE CONFEREES BEFORE THE CONFEREES ARE NAMED, DEBATE ON
SUCH MOTION SHALL BE LIMITED TO ONE-HALF HOUR, TO BE EQUALLY
DIVIDED BETWEEN, AND CONTROLLED BY, THE MOVER AND THE MANAGER OF
THE CONFERENCE REPORT. DEBATE ON ANY AMENDMENT TO ANY SUCH
INSTRUCTIONS SHALL BE LIMITED TO 20 MINUTES, TO BE EQUALLY DIVIDED
BETWEEN AND CONTROLLED BY THE MOVER AND THE MANAGER OF THE
CONFERENCE REPORT. IN ALL CASES WHEN THE MANAGER OF THE
CONFERENCE REPORT IS IN FAVOR OF ANY MOTION, APPEAL, OR AMENDMENT,
THE TIME IN OPPOSITION SHALL BE UNDER THE CONTROL OF THE MINORITY
LEADER OR HIS DESIGNEE.
(4) IN ANY CASE IN WHICH THERE ARE AMENDMENTS IN DISAGREEMENT,
TIME ON EACH AMENDMENT SHALL BE LIMITED TO 30 MINUTES, TO BE
EQUALLY DIVIDED BETWEEN, AND CONTROLLED BY, THE MANAGER OF THE
CONFERENCE REPORT AND THE MINORITY LEADER OR HIS DESIGNEE. NO
AMENDMENT THAT IS NOT GERMANE TO THE PROVISIONS OF SUCH AMENDMENTS
SHALL BE RECEIVED.
(D) REQUIRED ACTION BY CONFERENCE COMMITTEE.--IF, AT THE END OF 7
DAYS (EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) AFTER THE
CONFEREES OF BOTH HOUSES HAVE BEEN APPOINTED TO A COMMITTEE OF
CONFERENCE ON A CONCURRENT RESOLUTION ON THE BUDGET, THE CONFEREES ARE
UNABLE TO REACH AGREEMENT WITH RESPECT TO ALL MATTERS IN DISAGREEMENT
BETWEEN THE TWO HOUSES, THEN THE CONFEREES SHALL SUBMIT TO THEIR
RESPECTIVE HOUSES, ON THE FIRST DAY THEREAFTER ON WHICH THEIR HOUSE IS
IN SESSION--,
(1) A CONFERENCE REPORT RECOMMENDING THOSE MATTERS ON WHICH
THEY HAVE AGREED AND REPORTING IN DISAGREEMENT THOSE MATTERS ON
WHICH THEY HAVE NOT AGREED; OR
(2) A CONFERENCE REPORT IN DISAGREEMENT, IF THE MATTER IN
DISAGREEMENT IS AN AMENDMENT WHICH STRIKES OUT THE ENTIRE TEXT OF
THE CONCURRENT RESOLUTION AND INSERTS A SUBSTITUTE TEXT.
(E) CONCURRENT RESOLUTION MUST BE CONSISTENT IN THE SENATE.--IT SHALL
NOT BE IN ORDER IN THE SENATE TO VOTE ON THE QUESTION OF AGREEING TO--,
(1) A CONCURRENT RESOLUTION ON THE BUDGET UNLESS THE FIGURES
THEN CONTAINED IN SUCH RESOLUTION ARE MATHEMATICALLY CONSISTENT;
OR
(2) A CONFERENCE REPORT ON A CONCURRENT RESOLUTION ON THE
BUDGET UNLESS THE FIGURES CONTAINED IN SUCH RESOLUTION, AS
RECOMMENDED IN SUCH CONFERENCE REPORT, ARE MATHEMATICALLY
CONSISTENT.
SEC. 306. NO BILL OR RESOLUTION, AND NO AMENDMENT TO ANY BILL OR
RESOLUTION, DEALING WITH ANY MATTER WHICH IS WITHIN THE JURISDICTION OF
THE COMMITTEE ON THE BUDGET OF EITHER HOUSE SHALL BE CONSIDERED IN THAT
HOUSE UNLESS IT IS A BILL OR RESOLUTION WHICH HAS BEEN REPORTED BY THE
COMMITTEE ON THE BUDGET OF THAT HOUSE (OR FROM THE CONSIDERATION OF
WHICH SUCH COMMITTEE HAS BEEN DISCHARGED) OR UNLESS IT IS AN AMENDMENT
TO SUCH A BILL OR RESOLUTION.
SEC. 307. PRIOR TO REPORTING THE FIRST REGULAR APPROPRIATION BILL
FOR EACH FISCAL YEAR, THE COMMITTEE ON APPROPRIATIONS OF THE HOUSE OF
REPRESENTATIVES SHALL, TO THE EXTENT PRACTICABLE, COMPLETE SUBCOMMITTEE
MARKUP AND FULL COMMITTEE ACTION ON ALL REGULAR APPROPRIATION BILLS FOR
THAT YEAR AND SUBMIT TO THE HOUSE A SUMMARY REPORT COMPARING THE
COMMITTEE'S RECOMMENDATIONS WITH THE APPROPRIATE LEVELS OF BUDGET
OUTLAYS AND NEW BUDGET AUTHORITY AS SET FORTH IN THE MOST RECENTLY
AGREED TO CONCURRENT RESOLUTION ON THE BUDGET FOR THAT YEAR.
SEC. 308. (A) REPORTS ON LEGISLATION PROVIDING NEW BUDGET AUTHORITY
OR TAX EXPENDITURES.--WHENEVER A COMMITTEE OF EITHER HOUSE REPORTS A
BILL OR RESOLUTION TO ITS HOUSE PROVIDING NEW BUDGET AUTHORITY (OTHER
THAN CONTINUING APPROPRIATIONS) OR NEW OR INCREASED TAX EXPENDITURES FOR
A FISCAL YEAR, THE REPORT ACCOMPANYING THAT BILL OR RESOLUTION SHALL
CONTAIN A STATEMENT, PREPARED AFTER CONSULTATION WITH THE DIRECTOR OF
THE CONGRESSIONAL BUDGET OFFICE, DETAILING--,
(1) IN THE CASE OF A BILL OR RESOLUTION PROVIDING NEW BUDGET
AUTHORITY--,
(A) HOW THE NEW BUDGET AUTHORITY PROVIDED IN THAT BILL OR
RESOLUTION COMPARES WITH THE NEW BUDGET AUTHORITY SET FORTH IN THE
MOST RECENTLY AGREED TO CONCURRENT RESOLUTION ON THE BUDGET FOR
SUCH FISCAL YEAR AND THE REPORTS SUBMITTED UNDER SECTION 302;
(B) A PROJECTION FOR THE PERIOD OF 5 FISCAL YEARS BEGIN- NING
WITH SUCH FISCAL YEAR OF BUDGET OUTLAYS, ASSOCIATED WITH THE
BUDGET AUTHORITY PROVIDED IN THAT BILL OR RESOLUTION, IN EACH
FISCAL YEAR IN SUCH PERIOD; AND
(C) THE NEW BUDGET AUTHORITY, AND BUDGET OUTLAYS RESULT- ING
THEREFROM, PROVIDED BY THAT BILL OR RESOLUTION FOR FINAN- CIAL
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS; AND
(2) IN THE CASE OF A BILL OR RESOLUTION PROVIDING NEW OR
INCREASED TAX EXPENDITURES--,
(A) HOW THE NEW OR INCREASED TAX EXPENDITURES PROVIDED IN THAT
BILL OR RESOLUTION WILL AFFECT THE LEVELS OF TAX THAT BILL OR
RESOLUTION WILL AFFECT THE LEVELS OF TAX EXPENDITURES UNDER
EXISTING LAW AS SET FORTH IN THE REPORT ACCOMPANYING THE FIRST
CONCURRENT RESOLUTION ON THE BUDGET FOR SUCH FISCAL YEAR, OR, IF A
REPORT ACCOMPANYING A SUBSEQUENTLY AGREED TO CONCURRENT RESOLUTION
FOR SUCH YEAR SETS FORTH SUCH LEVELS, THEN AS SET FORTH IN THAT
REPORT; AND
(B) A PROJECTION FOR THE PERIOD OF 5 FISCAL YEARS BEGINNING
WITH SUCH FISCAL YEAR OF THE TAX EXPENDITURES WHICH WILL RESULT
FROM THAT BILL OR RESOLUTION IN EACH FISCAL YEAR IN SUCH PERIOD.
NO PROJECTION SHALL BE REQUIRED FOR A FISCAL YEAR UNDER PARAGRAPH (1)
(B) OR (2)(B) IF THE COMMITTEE DETERMINES THAT A PROJECTION FOR THAT
FISCAL YEAR IS IMPRACTICABLE AND STATES IN ITS REPORT THE REASON FOR
SUCH IMPRACTICABILITY.
(B) UP-TO-DATE TABULATION OF CONGRESSIONAL BUDGET ACTIONS.--, THE
DIRECTOR OF THE CONGRESSIONAL BUDGET OFFICE SHALL ISSUE PERIODIC REPORTS
DETAILING AND TABULATING THE PROGRESS OF CONGRESSIONAL ACTION ON BILLS
AND RESOLUTIONS PROVIDING NEW BUDGET AUTHORITY AND CHANGING REVENUES AND
THE PUBLIC DEBT LIMIT FOR A FISCAL YEAR. SUCH REPORTS SHALL INCLUDE,
BUT ARE NOT LIMITED TO--,
(1) AN UP-TO-DATE TABULATION COMPARING THE NEW BUDGET AUTHORITY
FOR SUCH FISCAL YEAR IN BILLS AND RESOLUTIONS ON WHICH CONGRESS
HAS COMPLETED ACTION AND ESTIMATED OUTLAYS, ASSOCIATED WITH SUCH
NEW BUDGET AUTHORITY, DURING SUCH FISCAL YEAR TO THE NEW BUDGET
AUTHORITY AND ESTIMATED OUTLAYS SET FORTH IN THE MOST RECENTLY
AGREED TO CONCURRENT RESOLUTION ON THE BUDGET FOR SUCH FISCAL YEAR
AND THE REPORTS SUBMITTED UNDER SECTION 302;
(2) AN UP-TO-DATE STATUS REPORT ON ALL BILLS AND RESOLUTIONS
PROVIDING NEW BUDGET AUTHORITY AND CHANGING REVENUES AND THE
PUBLIC DEBT LIMIT FOR SUCH FISCAL YEAR IN BOTH HOUSES;
(3) AN UP-TO-DATE COMPARISON OF THE APPROPRIATE LEVEL OF
REVENUES CONTAINED IN THE MOST RECENTLY AGREED TO CONCURRENT
RESOLUTION ON THE BUDGET FOR SUCH FISCAL YEAR WITH THE LATEST
ESTIMATE OF REVENUES FOR SUCH YEAR (INCLUDING NEW REVENUES
ACTICIPATED DURING SUCH YEAR UNDER BILLS AND RESOLUTIONS ON WHICH
THE CONGRESS HAS COMPLETED ACTION); AND
(4) AN UP-TO-DATE COMPARISON OF THE APPROPRIATE LEVEL OF THE
PUBLIC DEBT CONTAINED IN THE MOST RECENTLY AGREED TO CONCURRENT
RESOLUTION ON THE BUDGET FOR SUCH FISCAL YEAR WITH THE LATEST
ESTIMATE OF THE PUBLIC DEBT DURING SUCH FISCAL YEAR.
(C) FIVE-YEAR PROJECTION OF CONGRESSIONAL BUDGET ACTION.--AS SOON AS
PRACTICABLE AFTER THE BEGINNING OF EACH FISCAL YEAR, THE DIRECTOR OF THE
CONGRESSIONAL BUDGET OFFICE SHALL ISSUE A REPORT PROJECTING FOR THE
PERIOD OF 5 FISCAL YEARS BEGINNING WITH SUCH FISCAL YEAR--,
(1) TOTAL NEW BUDGET AUTHORITY AND TOTAL BUDGET OUTLAYS FOR
EACH FISCAL YEAR IN SUCH PERIOD;
(2) REVENUES TO BE RECEIVED AND THE MAJOR SOURCES THEREOF, AND
THE SURPLUS OR DEFICIT, IF ANY, FOR EACH FISCAL YEAR IN SUCH
PERIOD; AND
(3) TAX EXPENDITURES FOR EACH FISCAL YEAR IN SUCH PERIOD.
SEC. 309. EXCEPT AS OTHERWISE PROVIDED PURSUANT TO THIS TITLE, NOT
LATER THAN THE SEVENTH DAY AFTER LABOR DAY OF EACH YEAR, THE CONGRESS
SHALL COMPLETE ACTION ON ALL BILLS AND RESOLUTIONS--,
(1) PROVIDING NEW BUDGET AUTHORITY FOR THE FISCAL YEAR
BEGINNING ON OCTOBER 1 OF SUCH YEAR, OTHER THAN SUPPLEMENTAL,
DEFICIENCY, AND CONTINUING APPROPRIATION BILLS AND RESOLUTIONS,
AND OTHER THAN THE RECONCILIATION BILL FOR SUCH YEAR, IF REQUIRED
TO BE REPORTED UNDER SECTION 310(C); AND
(2) PROVIDING NEW SPENDING AUTHORITY DESCRIBED IN SECTION 401
(C)(2)(C) WHICH IS TO BECOME EFFECTIVE DURING SUCH FISCAL YEAR.
PARAGRAPH (1) SHALL NOT APPLY TO ANY BILL OR RESOLUTION IF LEGISLATION
AUTHORIZING THE ENACTMENT OF NEW BUDGET AUTHORITY TO BE PROVIDED IN SUCH
BILL OR RESOLUTION HAS NOT BEEN TIMELY ENACTED.
SEC. 310. (A) REPORTING OF CONCURRENT RESOLUTION.--THE COMMITTEE ON
THE BUDGET OF EACH HOUSE SHALL REPORT TO ITS HOUSE A CONCURRENT
RESOLUTION ON THE BUDGET WHICH REAFFIRMS OR REVISES THE CONCURRENT
RESOLUTION ON THE BUDGET MOST RECENTLY AGREED TO WITH RESPECT TO THE
FISCAL YEAR BEGINNING ON OCTOBER 1 OF SUCH YEAR. ANY SUCH CONCURRENT
RESOLUTION ON THE BUDGET SHALL ALSO, TO THE EXTENT NECESSARY--,
(1) SPECIFY THE TOTAL AMOUNT BY WHICH-
(A) NEW BUDGET AUTHORITY FOR SUCH FISCAL YEAR;
(B) BUDGET AUTHORITY INITIALLY PROVIDED FOR PRIOR FISCAL YEARS;
AND
(C) NEW SPENDING AUTHORITY DESCRIBED IN SECTION 401(C)(2)
CONTAINED LAWS, BILLS, AND RESOLUTIONS WIHTIN THE JURISDICTION OF
A COMMITTEE, IS TO BE CHANGED AND DIRECT THAT COMMITTEE TO
DETERMINE AND RECOMMEND CHANGES TO ACCOMPLISH A CHANGE OF SUCH
TOTAL AMOUNT;
(2) SPECIFY THE TOTAL AMOUNT BY WHICH REVENUES ARE TO BE
CHANGED AND DIRECT THAT THE COMMITTEES HAVING JURISDICTION TO
DETERMINE AND RECOMMEND CHANGES IN THE REVENUE LAWS, BILLS, AND
RESOLUTIONS TO ACCOMPLISH A CHANGE OF SUCH TOTAL AMOUNT;
(3) SPECIFY THE AMOUNT BY WHICH THE STATUTORY LIMIT ON THE
PUBLIC DEBT IS TO BE CHANGED AND DIRECT THE COMMITTEES HAVING
JURISDICTION TO RECOMMEND SUCH CHANGE; OR
(4) SPECIFY AND DIRECT ANY COMBINATION OF THE MATTERS DESCRIBED
IN PARAGRAPHS (1), (2), AND (3).
ANY SUCH CONCURRENT RESOLUTION MAY BE REPORTED, AND THE REPORT
ACCOMPANYING IT MAY BE FILED, IN EITHER HOUSE NOTWITHSTANDING THAT THAT
HOUSE IS NOT IN SESSION ON THE DAY ON WHICH SUCH CONCURRENT RESOLUTION
IS REPORTED.
(B) COMPLETION OF ACTION ON CONCURRENT RESOLUTION.--NOT LATER THAN
SEPTEMBER 15 OF EACH YEAR, THE CONGRESS SHALL COMPLETE ACTION ON THE
CONCURRENT RESOLUTION ON THE BUDGET REFERRED TO IN SUBSECTION (A).
(C) RECONCILIATION PROCESS.--IF A CONCURRENT RESOLUTION IS AGREED TO
IN ACCORDANCE WITH SUBSECTION (A) CONTAINING DIRECTIONS TO ONE OR MORE
COMMITTEES TO DETERMINE AND RECOMMEND CHANGES IN LAWS, BILLS, OR
RESOLUTIONS, AND--,
(1) ONLY ONE COMMITTEE OF THE HOUSE OR THE SENATE IS DIRECTED
TO DETERMINE AND RECOMMEND CHANGES, THAT COMMITTEE SHALL PROMPTLY
MAKE SUCH DETERMINATION AND RECOMMENDATIONS AND REPORT TO ITS
HOUSE A RECONCILIATION BILL OR RECONCILIATION RESOLUTION, OR BOTH,
CONTAINING SUCH RECOMMENDATIONS; OR
(2) MORE THAN ONE COMMITTEE OF THE HOUSE OR THE SENATE IS
DIRECTED TO DETERMINE AND RECOMMEND CHANGES, EACH SUCH COMMITTEE
SO DIRECTED SHALL PROMPTLY MAKE SUCH DETERMINATION AND
RECOMMENDATIONS, WHETHER SUCH CHANGES ARE TO BE CONTAINED IN A
RECONCILIATION BILL OR RECONCILIATION RESOLUTION, AND SUBMIT SUCH
RECOMMENDATIONS TO THE COMMITTEE ON THE BUDGET OF ITS HOUSE, WHICH
UPON RECEIVING ALL SUCH RECOMMENDATIONS, SHALL REPORT TO ITS HOUSE
A RECONCILIATION BILL OR RECONCILIATION RESOLUTION, OR BOTH,
CARRYING OUT ALL SUCH RECOMMENDATIONS WITHOUT ANY SUBSTANTIVE
REVISION.
FOR PURPOSES OF THIS SUBSECTION, A RECONCILIATION RESOLUTION IS A
CONCURRENT RESOLUTION DIRECTING THE CLERK OF THE HOUSE OF
REPRESENTATIVES OR THE SECRETARY OF THE SENATE, AS THE CASE MAY BE, TO
MAKE SPECIFIED CHANGES IN BILLS AND RESOLUTIONS WHICH HAVE NOT BEEN
ENROLLED.
(D) COMPLETION OF RECONCILIATION PROCESS.--CONGRESS SHALL COMPLETE
ACTION ON ANY RECONCILIATION BILL OR RECONCILIATION RESOLUTION REPORTED
UNDER SUBSECTION (C) NOT LATER THAN SEPTEMBER 25 OF EACH YEAR.
(E) PROCEDURE IN THE SENATE.--,
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE PROVISIONS OF
SECTION 305 FOR THE CONSIDERATION IN THE SENATE OF CONCURRENT
RESOLUTIONS ON THE BUDGET AND CONFERENCE REPORTS THEREON SHALL
ALSO APPLY TO THE CONSIDERATION IN THE SENATE OF RECONCILIATION
BILLS AND RECONCILIATION RESOLUTIONS REPORTED UNDER SUBSECTION (C)
AND CONFERENCE REPORTS THEREON.
(2) DEBATE IN THE SENATE ON ANY RECONCILIATION BILL OR
RESOLUTION REPORTED UNDER SUBSECTION (C), AND ALL AMENDMENTS
THERETO AND DEBATABLE MOTIONS AND APPEALS IN CONNECTION THEREWITH,
SHALL BE LIMITED TO NOT MORE THAN 20 HOURS.
(F) CONGRESS MAY NOT ADJOURN UNTIL ACTION IS COMPLETED.--IT SHALL NOT
BE IN ORDER IN EITHER THE HOUSE OF REPRESENTATIVES OR THE SENATE TO
CONSIDER ANY RESOLUTION PROVIDING FOR THE ADJOURNMENT SINE DIE OF EITHER
HOUSE UNLESS ACTION HAS BEEN COMPLETED ON THE CONCURRENT RESOLUTION ON
THE BUDGET REQUIRED TO BE REPORTED UNDER SUBSECTION (A) FOR THE FISCAL
YEAR BEGINNING ON OCTOBER 1 OF SUCH YEAR, AND, IF A RECONCILIATION BILL
OR RESOLUTION, OR BOTH, IS REQUIRED TO BE REPORTED UNDER SUBSECTION (C)
FOR SUCH FISCAL YEAR, UNLESS THE CONGRESS HAS COMPLETED ACTION ON THAT
BILL OR RESOLUTION, OR BOTH.
SEC. 311. (A) LEGISLATION SUBJECT TO POINT OF ORDER.--AFTER THE
CONGRESS HAS COMPLETED ACTION ON THE CONCURRENT RESOLUTION ON THE BUDGET
REQUIRED TO BE REPORTED UNDER SECTION 310(A) FOR A FISCAL YEAR, AND, IF
A RECONCILIATION BILL OR RESOLUTION, OR BOTH, FOR SUCH FISCAL YEAR ARE
REQUIRED TO BE REPORTED UNDER SECTION 310(C), AFTER THAT BILL HAS BEEN
ENACTED INTO LAW OR THAT RESOLUTION HAS BEEN AGREED TO, IT SHALL NOT BE
IN ORDER IN EITHER THE HOUSE OF REPRESENTATIVES OR THE SENATE TO
CONSIDER ANY BILL, RESOLUTION, OR AMENDMENT PROVIDING ADDITIONAL NEW
BUDGET AUTHORITY FOR SUCH FISCAL YEAR, PROVIDING NEW SPENDING AUTHORITY
DESCRIBED IN SECTION 401(C)(2)(C) TO BECOME EFFECTIVE DURING SUCH FISCAL
YEAR, OR REDUCING REVENUES FOR SUCH FISCAL YEAR, OR ANY CONFERENCE
REPORT ON ANY SUCH BILL OR RESOLUTION, IF--,
(1) THE ENACTMENT OF SUCH BILL OR RESOLUTION AS REPORTED;
(2) THE ADOPTION AND ENACTMENT OF SUCH AMENDMENT; OR
(3) THE ENACTMENT OF SUCH BILL OR RESOLUTION IN THE FORM
RECOMMENDED IN SUCH CONFERENCE REPORT;
WOULD CAUSE THE APPROPRIATE LEVEL OF TOTAL NEW BUDGET AUTHORITY OR TOTAL
BUDGET OUTLAYS SET FORTH IN THE MOST RECENTLY AGREED TO CONCURRENT
RESOLUTION ON THE BUDGET FOR SUCH FISCAL YEAR TO BE EXCEEDED, OR WOULD
CAUSE REVENUES TO BE LESS THAN THE APPROPRIATE LEVEL OF REVENUES SET
FORTH IN SUCH CONCURRENT RESOLUTION.
(B) DETERMINATION OF OUGLAYS AND REVENUES.--FOR PURPOSES OF
SUBSECTION (A), THE BUDGET OUTLAYS TO BE MADE DURING A FISCAL YEAR AND
REVENUES TO BE RECEIVED DURING A FISCAL YEAR SHALL BE DETERMINED ON THE
BASIS OF ESTIMATES MADE BY THE COMMITTE ON THE BUDGET OF THE HOUSE OF
REPRSENTATIVES OR THE SENATE, AS THE CASE MAY BE.
SEC. 401. (A) LEGISLATION PROVIDING CONTRACT OR BORROWING
AUTHORITY.--IT SHALL NOT BE IN ORDER IN EITHER THE HOUSE OF
REPRESENTATIVES OR THE SENATE TO CONSIDER ANY BILL OR RESOLUTION WHICH
PROVIDES NEW SPENDING AUTHORITY DESCRIBED IN SUBSECTION (C)(2)(A) OR (B)
(OR ANY AMENDMENT WHICH PROVIDES SUCH NEW SPENDING AUTHORITY), UNLESS
THAT BILL, RESOLUTION, OR AMENDMENT ALSO PROVIDES THAT SUCH NEW SPENDING
AUTHORITY IS TO BE EFFECTIVE FOR ANY FISCAL YEAR ONLY TO SUCH EXTENT OR
IN SUCH AMOUNTS AS ARE PROVIDED IN APPROPRIATION ACTS.
(B) LEGISLATION PROVIDING ENTITLEMENT AUTHORITY.--,
(1) IT SHALL NOT BE IN ORDER IN EITHER THE HOUSE OF
REPRESENTATIVES OR THE SENATE TO CONSIDER ANY BILL OR RESOLUTION
WHICH PROVIDES NEW SPENDING AUTHORITY DESCRIBED INSUBSECTION (C)(
2)(C) (OR ANY AMENDMENT WHICH PROVIDES SUCH NEW SPENDING
AUTHORITY) WHICH IS TO BECOME EFFECTIVE BEFORE THE FIRST DAY OF
THE FISCAL YEAR WHICH BEGINS DURING THE CALENDAR IN WHICH SUCH
BILL OR RESOLUTION IN REPORTED.
(2) IF ANY COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE
SENATE REPORTS ANY BILL OR RESOLUTION WHICH PROVIDES NEW SPENDING
AUTHORITY DESCRIBED IN SUBSECTION (C)(2)(C) WHICH IS TO BECOME
EFFECTIVE DURING A FISCAL YEAR AND THE AMOUNT OF NEW BUDGET
AUTHORITY WHICH WILL BE REQUIRED FOR SUCH FISCAL YEAR IF SUCH BILL
OR RESOLUTION IS ENACTED AS SO REPORTED EXCEEDS THE APPROPRIATE
ALLOCATION OF NEW BUDGET AUTHORITY REPORTED UNDER SECTION 302(B)
IN CONNECTION WITH THE MOST RECENTLY AGREED TO CONCURRENT
RESOLUTION ON THE BUDGET FOR SUCH FISCAL YEAR, SUCH BILL OR
RESOLUTION SHALL THEN BE REFERRED TO THE COMMITTEE ON
APPROPRIATIONS OF THAT HOUSE WITH INSTRUCTIONS TO REPORT IT, WITH
THE COMMITTEE'S RECOMMENDATIONS, WITHIN 15 CALENDAR DAYS (NOT
COUNTING ANY DAY ON WHICH THAT HOUSE IS NOT IN SESSION) BEGINNING
WITH THE DAY FOLLOWING THE DAY ON WHICH IT IS SO REFERRRED. IF
THE COMMITTEE ON APPROPRIATIONS OF EITHER HOUSE FAILS TO REPORT A
BILL OR RESOLUTION REFERRED TO IT UNDER THIS PARAGRAPH WITHIN SUCH
15-DAY PERIOD, THE COMMITTEE SHALL AUTOMATICALLY BE DISCHARGED
FROM FURTHER CONSIDERATION OF SUCH BILL OR RESOLUTION AND SUCH
BILL OR RESOLUTION SHALL BE PLACED ON THE APPRORPIATE CALENDAR.
(3) THE COMMITTEE ON APPROPRIATIONS OF EACH HOUSE SHALL HAVE
JURISDICTION TO REPORT ANY BILL OR RESOLUTION REFERRED TO IT UNDER
PARAGRAPH (2) WITH AN AMENDMENT WHICH LIMITS THE TOTAL AMOUNT OF
NEW SPENDING AUTHORITY PROVIDED IN SUCH BILL OR RESOLUTION.
(C) DEFINITIONS.--,
(1) FOR PURPOSES OF THIS SECTION, THE TERM "NEW SPENDING
AUTHORITY" MEANS SPENDING AUTHORITY NOT PROVIDED BY LAW ON THE
EFFECTIVE DATE OF THIS SECTION, INCLUDING ANY INCREASE IN OR
ADDITION TO SPENDING AUTHORITY PROVIDED BY LAW ON SUCH DATE.
(2) FOR PURPOSES OF PARAGRAPH (1), THE TERM "SPENDING
AUTHORITY" MEANS AUTHORITY (WHETHER TEMPORARY OR PERMANENT)--
(A) TO ENTER INTO CONTRACTS UNDER WHICH THE UNITED STATES IS
OBLIGATED TO MAKE OUTLAYS, THE BUDGET AUTHORITY FOR WHICH IS NOT
PROVIDED IN ADVANCE BY APPROPRIATION ACTS;
(B) TO INCUR INDEBTEDNESS (OTHER THAN INDEBTEDNESS INCURRED
UNDER THE SECOND LIBERTY BOND ACT) //40 STAT. 288,31 USC 774.//
FOR WHICH IS NOT PROVIDED IN ADVANCE BY APPROPRIATION ACTS; AND
(C) TO MAKE PAYMENTS (INCLUDING LOANS AND GRANTS), THE BUDGET
AUTHORITY FOR WHICH IS NOT PROVIDED FOR IN ADVANCE BY
APPROPRIATION ACTS, TO ANY PERSON OR GOVERNMENT IF, UNDER THE
PROVISIONS OF THE LAW CONTAINING SUCH AUTHORITY, THE UNITED STATES
IS OBLIGATED TO MAKE SUCH PAYMENTS TO PERSONS OR GOVERNMENTS WHO
MEET THE REQUIREMENTS ESTABLISHED BY SUCH LAW. SUCH TERM DOES NOT
INCLUDE AUTHORITY TO INSURE OR GUARANTEE THE REPAYMENT OF
INDEBTEDNESS INCURRED BY ANOTHER PERSON OR GOVERNMENT.
(D) EXCEPTIONS.--,
(1) SUBSECTIONS (A) AND (B) SHALL NOT APPLY TO NEW SPENDING
AUTHORITY IF THE BUDGET AUTHORITY FOR OUTLAYS WHICH WILL RESULT
FROM SUCH NEW SPENDING AUTHORITY IS DERIVIED--,
(A) FROM A TRUST FUND ESTABLISHED BY THE SOCIAL SECURITY ACT.
//49 STAT. 620, 42 USC 1305.// (AS IN EFFECT ON THE DATE OF THE
ENACTMENT OF THIS ACT); OR
(B) FROM ANY OTHER TRUST FUND, 90 PERCENT OR MORE OF THE
RECEIPTS OF WHICH CONSIST OR WILL CONSIST OF AMOUNTS (TRANS-
FERRED FROM THE GENERAL FUND OF THE TREASURY) EQUIVALENT TO
AMOUNTS OF TAXES (RELATED TO THE PURPOSES FOR WHICH SUCH OUTLAYS
ARE OR WILL BE MADE) RECEIVED IN THE TREASURY UNDER SPECIFIED
PROVISIONS OF THE INTERNAL REVENUE CODE OF 1954. //68A STAT. 3,
26 USC 1 ET SEQ.//
(2) SUBSECTIONS (A) AND (B) SHALL NOT APPLY TO NEW SPENDING
AUTHORITY WHICH IS AN AMENDMENT TO OR EXTENSION OF THE STATE AND
LOCAL FISCAL ASSISTANCE ACT OF 1972, 86 STAT. 919, 31 USC 1221
NOTE.// OR A CONTINUATION OF THE PROGRAM OF FISCAL ASSISTANCE TO
STATE AND LOCAL GOVERNMENTS PROVIDED BY THAT ACT, TO THE EXTENT SO
PROVIDED IN THE BILL OR RESOLUTION PROVIDING SUCH AUTHORITY.
(3) SUBSECTIONS (A) AND (B) SHALL NOT APPLY TO NEW SPENDING
AUTHORITY TO THE EXTENT THAT--,
(A) THE OUTLAYS RESULTING THEREFROM ARE MADE BY AN ORGANI-
ZATION WHICH IS (I) A MIXED-OWNERSHIP GOVERNMENT CORPORATION (AS
DEFINED IN SECTION 201 OF THE GOVERNMENT CORPORATION CONTROL ACT),
//59 STAT. 600, 87 STAT. 1005, 31 USC 856.// OR (II) A WHOLLY
OWNED GOVERNMENT CORPORATION (AS DEFINED IN SECTION 101 OF SUCH
ACT) WHICH IS SPECIFICALLY EXEMPTED BY LAW FROM COMPLIANCE WITH
ANY OR ALL OF THE PROVISIONS OF THAT; //59 STAT. 597; 86 STAT.
1274, 31 USC 846.// OR
(B) THE OUTLAYS RESULTING THEREFROM CONSIST EXCLUSIVELY OF THE
PROCEEDS OF GIFTS OR BEQUESTS MADE TO THE UNITED STATES FOR A
SPECIFIC PURPOSE.
SEC. 402. (A) REQUIRED REPORTING DATE.--EXCEPT AS OTHERWISE PROVIDED
IN THIS SECTION, IT SHALL NOT BE IN ORDER IN EITHER THE HOUSE OF
REPRESENTATIVES OR THE SENATE TO CONSIDER ANY BILL OR RESOLUTION WHICH,
DIRECTLY OR INDIRECTLY, AUTHORIZES THE ENACTMENT OF NEW BUDGET AUTHORITY
FOR A FISCAL YEAR, UNLESS THAT BILL OR RESOLUTION IS REPORTED IN THE
HOUSE OR THE SENATE, AS THE CASE MAY BE, ON OR BEFORE MAY 15 PRECEDING
THE BEGINNING OF SUCH FISCAL YEAR.
(B) EMERGANCY WAIVER IN THE HOUSE.--IF THE COMMITTEE ON RULES OF THE
HOUSE OF REPRESENTATIVES DETERMINES THAT EMERGENCY CONDITIONS REQUIRE A
WAIVER OF SUBSECTION (A) WITH RESPECT TO ANY BILL OR RESOLUTION, SUCH
COMMITTEE MAY REPORT, AND THE HOUSE MAY CONSIDER AND ADOPT, A RESOLUTION
WAIVING THE APPLICATION OF SUBSECTION (A) IN THE CASE OF SUCH BILL OR
RESOLUTION.
(C) WAIVER IN THE SENATE.--,
(1) THE COMMITTEE OF THE SENATE WHICH REPORTS ANY BILL OR
RESOLUTION MAY, AT OR AFTER THE TIME IT REPORTS SUCH BILL OR
RESOLUTION, REPORT A RESOLUTION TO THE SENATE (A) PROVIDING FOR
THE WAIVER OF SUBSECTION (A) WITH RESPECT TO SUCH BILL OR
RESOLUTIOON, AND (B) STATING THE REASONS WHY THE WAIVER IS
NECESSARY. THE RESOLUTION SHALL THEN BE REFERRED TO THE COMMITTEE
ON THE BUDGET OF THE SENATE. THAT COMMITTEE SHALL REPORT THE
RESOLUTION TO THE SENATE, WITHIN 10 DAYS AFTER THE RESOLUTION IS
REFERRED TO IT (NOT COUNTING ANY DAY ON WHICH THE SENATE IS NOT IN
SESSION) BEGINNING WITH THE DAY FOLLOWING THE DAY ON WHICH IT IS
SO REFERRED ACCOMPANIED BY THAT COMMITTEE'S RECOMMENDATIONS AND
REASONS FOR SUCH RECOMMENDATIONS WITH RESPECT TO THE RESOLUTION.
IF THE COMMITTEE DOES NOT REPORT THE RESOLUTION WITHIN SUCH 10-DAY
PERIOD, IT SHALL AUTOMATICALLY BE DISCHARGED FROM FURTHER
CONSIDERATION OF THE RESOLUTION AND THE RESOLUTION SHALL BE PLACED
ON THE CALENDAR.
(2) DURING THE CONSIDERATION OF ANY SUCH RESOLUTION, DEBATE
SHALL BE LIMITED TO ONE HOUR, TO BE EQUALLY DIVIDED BETWEEN, AND
CONTROLLED BY, THE MAJORITY LEADER AND THE MINORITY LEADER OR
THEIR DESIGNEES, AND THE TIME ON ANY DEBATABLE MOTION OR APPEL
SHALL BE LIMITED TO 20 MINUTES, TO BE EQUALLY DIVIDED BETWEEN, AND
CONTROLLED BY, THE MOVER AND THE MANAGER OF THE RESOLUTION. IN
THE EVENT THE MANAGER OF THE RESOLUTION IS IN FAVOR OF ANY SUCH
MOTION OR APPEAL, THE TIME IN OPPOSITION THERETO SHALL BE
CONTROLLED BY THE MINORITY LEADER OR HIS DESIGNEE. SUCH LEADERS,
OR EITHER OF THEM, MAY, FROM THE TIME UNDER THEIR CONTROL ON THE
PASSAGE OF SUCH RESOLUTION, ALLOT ADDITIONAL TIME TO ANY SENATOR
DURING THE CONSIDERATION OF ANY DEBATABLE MOTION OR APPEAL. NO
AMENDMENT TO THE RESOLUTION IS IN ORDER.
(3) IF, AFTER THE COMMITTEE ON THE BUDGET HAS REPORTED (OR BEEN
DISCHARGED FROM FURTHER CONSIDERATION OF) THE RESOLUTION, THE
SENATE AGREES TO THE RESOLUTION, THEN SUBSECTION (A) OF THIS
SECTION SHALL NOT APPLY WITH RESPECT TO THAT BILL OR RESOLUTION
REFERRED TO IN THE RESOLUTION.
(D) CERTAIN BILLS AND RESOLUTIONS RECEIVED FROM OTHER HOUSE.--
NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A), IF UNDER THAT
SUBSECTION IT IS IN ORDER IN THE HOUSE OF REPRESENTATIVES TO CONSIDER A
BILL OR RESOLUTION OF THE HOUSE, THEN IT SHALL BE IN ORDER TO CONSIDER A
COMPANION OR SIMILAR BILL OR RESOLUTION OF THE SENATE; AND IF UNDER
THAT SUBSECTION IT IS IN ORDER IN THE SENATE TO CONSIDER A BILL OR
RESOLUTION OF THE SENATE, THEN IT SHALL B IN ORDER TO CONSIDER A
COMPANION OR SIMILAR BILL OF THE HOUSE OF REPRESENTATIVES.
(E) EXCEPTIONS.--,
(1) SUBSECTION (A) SHALL NOT APPLY WITH RESPECT TO NEW SPENDING
AUTHORITY DESCRIBED IN SECTION 401(C)(2)(C).
(2) SUBSECTION (A) SHALL NOT APPLY WITH RESPECT TO NEW BUDGET
AUTHORITY AUTHORIZED IN A BILL OR RESOLUTION FOR ANY PROVISION OF
THE SOCIAL SECURITY ACT IF SUCH BILL OR RESOLUTION ALSO PROVIDES
NEW SPENDING AUTHORITY DESCRIBED IN SECTION 401(C)(2)(C) WHICH,
UNDER SECTION 401(D)(1)(A), IS EXCLUDED FROM THE APPLICATION OF
SECTION 401(B).
(F) STUDY OF EXISTING SPENDING AUTHORITY AND PERMANENT
APPROPRIATIONS.--THE COMMITTEES ON APPROPRIATIONS OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE SHALL STUDY ON A CONTINUING BASIS THOSE
PROVISIONS OF LAW, IN EFFECT ON THE EFFECTIVE DATE OF THIS SECTION,
WHICH PROVIDE SPENDING AUTHORITY OR PERMANENT BUDGET AUTHORITY. EACH
COMMITTEE SHALL, FROM TIME TO TIME, REPORT TO ITS HOUSE ITS
RECOMMENDATIONS FOR TERMINATING OR MODIFYING SUCH PROVISIONS.
SEC. 403. THE DIRECTOR OF THE CONGRESSIONAL BUDGET OFFICE SHALL, TO
THE EXTENT PRACTICABLE, PREPARE FOR EACH BILL OR RESOLUTION OF A PUBLIC
CHARACTER REPORTED BY ANY COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR
THE SENATE (EXCEPT THE COMMITTEE ON APPROPRIATIONS OF EACH HOUSE), AND
SUBMIT TO SUCH COMMITTEE--,
(1) AN ESTIMATE OF THE COSTS WHICH WOULD BE INCURRED IN
CARRYING OUT SUCH BILL OR RESOLUTION IN THE FISCAL YEAR IN WHICH
IT IS TO BECOME EFFECTIVE AND IN EACH OF THE 4 FISCAL YEARS
FOLLOWING SUCH FISCAL YEAR, TOGETHER WITH THE BASIS FOR EACH SUCH
ESTIMATE; AND
(2) A COMPARISON OF THE ESTIMATE OF COSTS DESCRIBED IN
PARAGRAPH (1) WITH ANY AVAILABLE ESTIMAT OF COSTS MADE BY SUCH
COMMITTEE OR BY ANY FEDERAL AGENCY.
THE ESTIMATE AND COMPARISON SO SUBMITTED SHALL BE INCLUDED IN THE REPORT
ACCOMPANYING SUCH BILL OR RESOLUTION IF TIMELY SUBMITTED TO SUCH
COMMITTEE BEFORE SUCH REPORT IS FILED.
SEC. 404. (A) AMENDMENT OF HOUSE RULES.--CLAUSE 2 OF RULE XI OF THE
RULES OF THE HOUSE OF REPRESENTATIVES IS AMENDED BY REDESIGNATING
PARAGRAPH (B) AS PARAGRAPH (E) BY INSERTING AFTER PARAGRAPH (A) THE
FOLLOWING NEW PARAGRAPHS:
"(B) RESCISSION OF APPROPRIATIONS CONTAINED IN APPROPRIATION ACTS
(REFERRED TO IN SECTION 105 OF TITLE 1, UNITED STATES CODE). //POST, P.
322.//
"(C) THE AMOUNT OF NEW SPENDING AUTHORITY DESCRIBED IN SECTION 401(
C)(2) (A) AND (B) OF THE CONGRESSIONAL BUDGET ACT OF 1974 WHICH IS TO BE
EFFECTIVE FOR A FISCAL YEAR.
"(D) NEW SPENDING AUTHORITY DESCRIBED IN SECTION 404(C)(2)(C) OF THE
CONGRESSIONAL BUDGET ADT OF 1974 PROVIDED IN BILLS AND RESOLUTIONS
REFERRED TO THE COMMITTEE UNDER SECTION 401(B)(2) OF THAT ACT (BUT
SUBJECT TO THE PROVISIONS OF SECTION 401(B)(3) OF THAT ACT)."
(B) AMENDMENT OF SENATE RULES.--SUBPARAGRAPH (C) OF PARAGRAPH 1 OF
RULE XXV OF THE STANDING RULES OF THE SENATE IS AMENDED TO READ AS
FOLLOWS:
"(C) COMMITTEE ON APPROPRIATIONS, TO WHICH COMMITTEE SHALL BE
REFERRED ALL PROPOSED LEGISLATION, MESSAGES, PETITIONS, MEMORIALS, AND
OTHER MATTERS RELATING TO THE FOLLOWING SUBJECTS:
"1. EXCEPT AS PROVIDED IN SUBPARAGRAPH (R), APPROPRIATION OF THE
REVENUE FOR THE SUPPORT OF THE GOVERNMENT.
"2. RESCISSION OF APPROPRIATIONS CONTAINED IN APPROPRIATION ACTS
REFERRED TO IN SECTION 105 OF TITLE 1, UNITED STATES CODE).
"3. THE AMOUNT OF NEW SPENDING AUTHORITY DESCRIBED IN SECTION 401
(C)(2) (A) AND (B) OF THE CONGRESSIONAL BUDGET ACT OF 1974 PROVIDED IN
BILLS AND RESOLUTIONS REFERRED TO THE COMMITTEE UNDER SECTION 401(B)(3)
OF THAT ACT).
"4. NEW ADVANCE SPENDING AUTHORITY DESCRIBED IN SECTION 401(C) (2)(
C) OF THE CONGRESSIONAL BUDGET ACT OF 1974 PROVIDED IN BILLS AND
RESOLUTIONS REFERRED TO THE COMMITTEE UNDER SECTION 401(B)(2) OF THAT
ACT (BUT SUBJECT TO THE PROVISIONS OF SECTION 401(B)(3) OF THAT ACT)."
SEC. 501. SECTION 237 OF THE REVISED STATUTES (31 U.S.C. 1020) IS
AMENDED TO READ AS FOLLOWS:
"SEC. 237. (A) THE FISCAL YEAR OF THE TREASURY OF THE UNITED STATES,
IN ALL MATTERS OF ACCOUNTS, RECEIPTS, EXPENDITURES, ESTIMATES, AND
APPROPRIATIONS--,
"(1) SHALL, THROUGH JUNE 30, 1976, COMMENCE ON JULY 1 OF EACH
YEAR AND END ON JUNE 30 OF THE FOLLOWING YEAR; AND
"(2) SHALL, BEGINNING ON OCTOBER 1, 1976, COMMENCE ON OCTOBER 1
OF EACH YEAR AND END ON SEPTEMBER 30 OF THE FOLLOWING YEAR.
"(B) ALL ACCOUNTS OF RECEIPTS AND EXPENDITURES REQUIRED BY LAW TO BE
PUBLISHED ANNUALLY SHALL BE PREPARED AND PUBLISHED FOR EACH FISCAL YEAR
AS ESTABLISHED BY SUBSECTION (A)."
SEC. 502. (A) AS SOON AS PRACTICABLE, THE PRESIDENT SHALL PREPARE
AND SUBMIT TO THE CONGRESS-- //31 USC 1020 NOTE.//
(1) AFTER CONSULTATION WITH THE COMMITTEES ON APPROPRIATIONS OF
THE HOUSE OF REPRESENTATIVES AND THE SENATE, BUDGET ESTIMATES FOR
THE UNITED STATES GOVERNMENT FOR THE PERIOD COMMENCING JULY 1,
1976, AND ENDING ON SEPTEMBER 30, 1976, IN SUCH FORM AND DETAIL AS
HE MAY DETERMINE; AND
(2) PROPOSED LEGISLATION HE CONSIDERS APPROPRIATE WITH RESPECT
TO CHANGES IN LAW NECESSARY TO PROVIDE AUTHORIZATIONS OF
APPROPRIATIONS FOR THAT PERIOD.
(B) THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET SHALL PROVIDE
BY REGULATION, ORDER, OR OTHERWISE FOR THE ORDERLY TRANSITION BY ALL
DEPARTMENTS, AGENCIES, AND INSTRUMENTALITIES OF THE UNITED STATES
GOVERNMENT AND THE GOVERNMENT OF THE DISTRICT OF COLUMBIA FROM THE USE
OF THE FISCAL YEAR IN EFFECT ON THE DATE OF ENACTMENT OF THIS ACT TO THE
USE OF THE NEW FISCAL YEAR PRESCRIBED BY SECTION 237 (A)(2) OF THE
REVISED STATUTES. THE DIRECTOR SHALL PREPARE AND SUBMIT TO THE CONGRESS
SUCH ADDITIONAL PROPOSED LEGISLATION AS HE CONSIDERS NECESSARY TO
ACCOMPLISH THIS OBJECTIVE.
(C) THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET AND THE
DIRECTOR OF THE CONGRESSIONAL BUDGET OFFICE JOINTLY SHALL CONDUCT A
STUDY OF THE FEASIBILITY AND ADVISABILITY OF SUBMITTING THE BUDGET OR
PORTIONS THEREOF, AND ENACTING NEW BUDGET AUTHORITY OR PORTIONS THEREOF,
FOR A FISCAL YEAR DURING THE REGULAR SESSION OF THE CONGRESS WHICH
BEGINS IN THE YEAR PRECEDING THE YEAR IN WHICH SUCH FISCAL YEAR BEGINS.
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET AND THE DIRECTOR OF
THE CONGRESSIONAL BUDGET OFFICE EACH SHALL SUBMIT A REPORT OF THE
RESULTS OF THE STUDY CONDUCTED BY THEM, TOGETHER WITH HIS OWN
CONCLUSIONS AND RECOMMENDATIONS, TO THE CONGRESS NOT LATER THAN 2 YEARS
AFTER THE EFFECTIVE DATE OF THIS SUBSECTION.
SEC. 503. (A) SUBSECTION (A)(1) OF THE FIRST SECTION OF THE ACT
ENTITLED "AN ACT TO SIMPLIFY ACCOUNTING , FACILITATE THE PAYMENT OF
OBLIGATIONS, AND FOR OTHER PURPOSES", APPROVED JULY 25, 1956, AS AMENDED
(31 U.S.C. 701), //70 STAT. 647.// IS AMENDED TO READ AS FOLLOWS:
"(1) THE OBLIGATED BALANCE SHALL BE TRANSFERRED, AT THE TIME
SPECIFIED IN SUBSECTION (B)(1) OF THIS SECTION, TO AN
APPROPRIATION ACCOUNT OF THE AGENCY OR SUBDIVISION THEREOF
RESPONSIBLE FOR THE LIQUIDATION OF THE OBLIGATION, IN WHICH
ACCOUNT SHALL BE MERGED THE AMOUNTS SO TRANSFERRED FROM ALL
APPROPRIATION ACCOUNTS FOR THE SAME GENERAL PURPOSES; AND".
(B) SUBSECTION (B) OF SUCH SECTION IS AMENDED TO READ AS FOLLOWS:
//70 STAT. 647, 31 USC 701.//
"(B)(1) ANY OBLIGATED BALANCE REFERRED TO IN SUBSECTION (A)(1) OF
THIS SECTION SHALL BE TRANSFERRED AS FOLLOWS:
"(A) FOR ANY FISCAL YEAR OR YEARS ENDING ON OR BEFORE JUNE 30,
1976, ON THAT JUNE 30 WHICH FALLS IN THE FIRST MONTH OF JUNE WHICH
OCCURS TWENTY-FOUR MONTHS AFTER THE END OF SUCH FISCAL YEAR OR
YEARS; AND
"(B) FOR THE PERIOD COMMENCING ON JULY 1, 1976, AND ENDING ON
SEPTEMBER 30, 1976, AND FOR ANY FISCAL YEAR COMMENCING ON OR AFTER
OCTOBER 1, 1976, ON SEPTEMBER 30 OF THE SECOND FISCAL YEAR
FOLLOWING THAT PERIOD OR THE FISCAL YEAR OR YEARS, AS THE CASE MAY
BE, FOR WHICH THE APPROPRIATION IS AVAILABLE FOR OBLIGATION.
"(2) THE WITHDRAWALS REQUIRED BY SUBSECTION (A)(2) OF THIS SECTION
SHALL BE MADE--,
"(A) FOR ANY FISCAL YEAR ENDING ON OR BEFORE JUNE 30, 1976 NOT
LATER THAN SEPTEMBER 30 OF THE FISCAL YEAR IMMEDIATELY FOLLOWING
THE FISCAL YEAR IN WHICH THE PERIOD OF AVAILABILITY FOR OBLIGATION
EXPIRES; AND
"(B) FOR THE PERIOD COMMENCING ON JULY 1, 1976, AND ENDING ON
SEPTEMBER 30, 1976, AND FOR ANY FISCAL YEAR COMMENCING ON OR AFTER
OCTOBER 1, 1976, NOT LATER THAN NOVEMBER 15 FOLLOWING SUCH PERIOD
OR FISCAL YEAR, AS THE CASE MAY BE, IN WHICH THE PERIOD OF
AVAILABILITY FOR OBLIGATION EXPIRES."
SEC. 504. //31 USC 1320A.// ANY LAW PROVIDING FOR AN AUTHORIZATION
OF APPROPRIATIONS COMMENCING ON JULY 1 OF A YEAR SHALL, IF THAT YEAR IS
ANY YEAR AFTER 1975, BE CONSIDERED AS MEANING OCTOBER 1 OF THAT YEAR.
ANY LAW PROVIDING FOR AN AUTHORIZATION OF APPROPRIATIONS ENDING ON JUNE
30 OF A YEAR SHALL, IF THAT YEAR IS ANY YEAR AFTER 1976, BE CONSIDERED
AS MEANING SEPTEMBER 30 OF THAT YEAR. ANY LAW PROVIDING FOR AN
AUTHORIZATION OF APPROPRIATIONS FOR THE FISCAL YEAR 1977 OR ANY FISCAL
YEAR THEREAFTER SHALL BE CONSTRUED AS REFERRING TO THAT FISCAL YEAR
ENDING ON SEPTEMBER 30 OF THE CALENDAR YEAR HAVING THE SAME CALENDAR
YEAR NUMBER AS THE FISCAL YEAR NUMBER.
SEC. 505. THE FOLLOWING PROVISIONS OF LAW ARE REPEALED:
(1) THE NINTH PARAGRAPH UNDER THE HEADINGS "LEGISLATIVE
ESTABLISHMENT", "SENATE", OF THE DEFICIENCY APPROPRIATION ACT,
FISCAL YEAR 1934 (48 STAT. 1022; 2 U.S.C. 66); AND
(2) THE PROVISO TO THE SECOND PARAGRAPH UNDER THE HEADINGS
"HOUSE OF REPRESENTATIVES", "SALARIES, MILIAGE, AND EXPENSES OF
MEMBERS", OF THE LEGISLATIVE-JUDICIARY APPROPRIATION ACT, 1955 (68
STAT. 400; 2 U.S.C. 81).
SEC. 506. (A) SECTION 105 OF TITLE 1, UNITED STATES CODE, //61 STAT.
634.// IS AMENDED BY STRIKING OUT "JUNE 30" AND INSERTING IN LIEU THEROF
"SEPTEMBER 30".
(B) THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION SHALL BE
EFFECTIVE WITH RESPECT TO ACTS MAKING APPROPRIATIONS FOR THE SUPPORT OF
THE GOVERNMENT FOR ANY FISCAL YEAR COMMENCING ON OR AFTER OCTOBER 1,
1976.
SEC. 601. SECTION 201 OF THE BUDGET AND ACCOUNTING ACT, 1921 (31 U.
S.C. 11), //64 STAT. 832; 84 STAT. 1169.// IS AMENDED BY ADDING AT THE
END THEREOF THE FOLLOWING NEW SUBSECTIONS:
"(D) THE BUDGET TRANSMITTED PURSUANT TO SUBSECTION (A) FOR EACH
FISCAL YEAR SHALL SET FORTH SEPARATELY THE ITEMS ENUMERATED IN SECTION
301(A)(1) - (5) OF THE CONGRESSIONAL BUDGET ACT OF 1974. //ANTE, P.
306.//
"(E) THE BUDGET TRANSMITTED PURSUANT TO SUBSECTION (A) FOR EACH
FISCAL YEAR SHALL SET FORTH THE LEVELS OF TAX EXPENDITURES UNDER
EXISTING LAW FOR SUCH FISCAL YEAR (THE TAX EXPENDITURE BUDGET), TAKING
INTO ACCOUNT PROJECTED ECONOMIC FACTORS, AND ANY CHANGES IN SUCH
EXISTING LEVELS BASED ON PROPOSALS CONTAINED IN SUCH BUDGET. FOR
PURPOSES OF THIS SUBSECTION, THE TERMS 'TAX EXPENDITURES' AND 'TAX
EXPENDITURES BUDGET' HAVE THE MEANINGS GIVEN TO THEM BY SECTION 3(A)(3)
OF THE CONGRESSIONAL BUDGET ACT OF 1974. //ANTE, P. 299.//
"(F) THE BUDGET TRANSMITTED PURSUANT TO SUBSECTION (A) FOR EACH
FISCAL YEAR SHALL CONTAIN--,
"(1) A COMPARISON, FOR THE LAST COMPLETED FISCAL YEAR, OF THE
TOTAL AMOUNT OF OUTLAYS ESTIMATED IN THE BUDGET TRANSMITTED
PURSUANT TO SUBSECTION (A) FOR EACH MAJOR PROGRAM INVOLVING
UNCONTROLLABLE OR RELATIVELY UNCONTROLLABLE OUTLAYS AND THE TOTAL
AMOUNT OF OUTLAYS MADE UNDER EACH SUCH MAJOR PROGRAM DURING SUCH
FISCAL YEAR;
"(2) A COMPARISON, FOR THE LAST COMPLETED FISCAL YEAR, OF THE
TOTAL AMOUNT OF REVENUES ESTIMATED IN THE BUDGET TRANSMITTED
PURSUANT TO SUBSECTION (A) AND THE TOTAL AMOUNT OF REVENUES
RECEIVED DURING SUCH YEAR, AND, WITH RESPECT TO EACH MAJOR REVENUE
SOURCE, THE AMOUNT OF REVENUES ESTIMATED IN THE BUDGET TRANSMITTED
PURSUANT TO SUBSECTION (A) AND THE AMOUNT OF REVENUES RECEIVED
DURING SUCH YEAR; AND
"(3) AN ANALYSIS AND EXPLANATION OF THE DIFFERENCE BETWEEN EACH
AMOUNT SET FORTH PURSUANT TO PARAGRAPHS (1) AND (2) AS THE AMOUNT
OF OUTLAYS OR REVENUES ESTIMATED IN THE BUDGET SUBMITTED UNDER
SUBSECTION (A) FOR SUCH FISCAL YEAR AND THE CORRESPONDING AMOUNT
SET FORTH AS THE AMOUNT OF OUTLAYS MADE OR REVENUES RECEIVED
DURING SUCH FISCAL YEAR.
"(G) THE PRESIDENT SHALL TRANSMIT TO THE CONGRESS, ON OR BEFORE APRIL
10 AND JULY !5 OF EACH YEAR, A STATEMENT OF ALL AMENDMENTS TO OR
REVISIONS IN THE BUDGET AUTHORITY REQUESTED, THE ESTIMATED OUTLAYS, AND
THE ESTIMATED RECEIPTS FOR THE ENSUING FISCAL YEAR SET FORTH IN THE
BUDGET TRANSMITTED PURSUANT TO SUBSECTION (A) (INCLUDING ANY PREVIOUS
AMENDMENTS OR REVISIONS PROPOSED ON BEHALF OF THE EXECUTIVE BRANCH) THAT
HE DEEMS NECESSARY AND APPROPRIATE BASED ON THE MOST CURRENT INFORMATION
AVAILABLE. SUCH STATEMENT SHALL CONTAIN THE EFFECT OF SUCH AMENDMENTS
AND REVISIONS ON THE SUMMARY DATA SUBMITTED UNDER SUBSECTION (A) AND
SHALL INCLUDE SUCH SUPPORTING DETAIL AS IS PRACTICABLE. THE STATEMENT
TRANSMITTED ON OR BEFORE JULY 15 OF ANY YEAR MAY BE INCLUDED IN THE
SUPPLEMENTAL SUMMARY REQUIRED TO BE TRANSMITTED UNDER SUBSECTION (B)
DURING SUCH YEAR. THE BUDGET TRANSMITTED TO THE CONGRESS PURSUANT TO
SUBSECTION (A) FOR ANY FISCAL YEAR, OR THE SUPPORTING DETAIL TRANSMITTED
IN CONNECTION THEREWITH, SHALL INCLUDE A STATEMENT OF ALL SUCH
AMENDMENTS AND REVISIONS WITH RESPECT TO THE FISCAL YEAR IN PROGRESS
MADE BEFORE THE DATE OF TRANSMISSION OF SUCH BUDGET.
"(H) THE BUDGET TRANSMITTED PURSUANT TO SUBSECTION (A) FOR EACH
FISCAL YEAR SHALL INCLUDE INFORMATION WITH RESPECT TO ESTIMATES OF
APPROPRIATIONS FOR THE NEXT SUCCEEDING FISCAL YEAR FOR GRANTS,
CONTRACTS, OR OTHER PAYMENTS UNDER ANY PROGRAM FOR WHICH THERE IS AN
AUTHORIZATION OF APPROPRIATIONS FOR SUCH SUCCEEDING FISCAL YEAR AND SUCH
APPROPRIATIONS ARE AUTHORIZED TO BE INCLUDED IN AN APPROPRIATION ACT FOR
THE FISCAL YEAR PRECEDING THE FISCAL YEAR IN WHICH THE APPROPRIATION IS
TO BE AVAILABLE FOR OBLIGATION.
"(I) THE BUDGET TRANSMITTED PURSUANT TO SUBSECTION (A) FOR EACH
FISCAL YEAR, BEGINNING WITH THE FISCAL YEAR ENDING SEPTEMBER 30, 1979,
SHALL CONTAIN A PRESENTATION OF BUDGET AUTHORITY, PROPOSED BUDGET
AUTHORITY, OUTLAYS, PROPOSED OUTLAYS, AND DESCRIPTIVE INFORMATION IN
TERMS OF--,
"(1) A DETAILED STRUCTURE OF NATIONAL NEEDS WHICH SHALL BE USED
TO REFERENCE ALL AGENCY MISSIONS AND PROGRAMS;
"(2) AGENCY MISSIONS; AND
"(3) BASIC PROGRAMS.
TO THE EXTENT PRACTICABLE, EACH AGENCY SHALL FURNISH INFORMATION IN
SUPPORT OF ITS BUDGET REQUESTS IN ACCORDANCE WITH ITS ASSIGNED MISSIONS
IN TERMS OF FEDERAL FUNCTIONS AND SUBFUNCTIONS, INCLUDING MISSION
RESPONSIBILITIES OF COMPONENT ORGANIZATIONS, AND SHALL RELATE ITS
PROGRAMS TO AGENCY MISSIONS."
SEC. 602. SECTION 201 OF THE BUDGET AND ACCOUNTING ACT, 1921 (31 U.
S.C. 11), //84 STAT. 1169.// IS AMENDED BY STRIKING OUT "ON OR BEFORE
JUNE 1 OF EACH YEAR, BEGINNING WITH 1972" AND INSERTING IN LIEU THEREOF
"ON OR BEFORE JULY 15 OF EACH YEAR".
SEC. 603. SECTION 201(A) OF THE BUDGET AND ACCOUNTING ACT, 1921 (31
U.S.C. 11), //64 STAT. 832; 70 STAT. 782.// IS AMENDED--,
(1) BY INSERTING AFTER "ENSUING FISCAL YEAR" IN PARAGRAPH (5)
"AND PROJECTIONS FOR THE FOUR FISCAL YEARS IMMEDIATELY FOLLOWING
THE ENSUING FISCAL YEAR";
(2) BY STRIKING OUT "SUCH YEAR" IN PARAGRAPH (5) AND INSERTING
IN LIEU THEREOF "SUCH YEARS"; AND
(3) BY INSERTING AFTER "ENSUING FISCAL YEAR" IN PARAGRAPH (6)
"AND PROJECTIONS FOR THE FOUR FISCAL YEARS IMMEDIATELY FOLLOWING
THE ENSUING FISCAL YEAR".
SEC. 604. SECTION 201(A) OF THE BUDGET AND ACCOUNTING ACT, 1921 (31
U.S.C. 11), IS FURTHER AMENDED--,
(1) BY STRIKING OUT "AND" AT THE END OF PARAGRAPH (11);
(2) BY STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (12) AND
INSERTING IN LIEU THEREOF"; AND"; AND
(3) BY ADDING AT THE END THEREOF THE FOLLOWING NEW
PARAGRAPH;
"(13) AN ALLOWANCE FOR ADDITIONAL ESTIMATED EXPENDITURES AND
PROPOSED APPROPRIATIONS FOR THE ENSUING FISCAL YEAR, AND AN
ALLOWANCE FOR UNANTICIPATED UNCONTROLLABLE EXPENDITURES FOR THE
ENSUING FISCAL YEAR."
SEC. 605. (A) ON OR BEFORE NOVEMBER 10 OF EACH YEAR (BEGINNING WITH
1975), THE PRESIDENT SHALL SUBMIT TO THE SENATE AND THE HOUSE OF
REPRESENTATIVES THE ESTIMATED OUTLAYS AND PROPOSED BUDGET AUTHORITY
WHICH WOULD BE INCLUDED IN THE BUDGET TO BE SUBMITTED PURSUANT TO
SECTION 201 OF THE BUDGET AND ACCOUNTING ACT, 1921, //ANTE, P. 324.//
FOR THE ENSUING FISCAL YEAR IF ALL PROGRAMS AND ACTIVITIES WERE CARRIED
ON DURING SUCH ENSUING FISCAL YEAR AT THE SAME LEVEL AS THE FISCAL YEAR
IN PROGRESS AND WITHOUT POLICY CHANGES IN SUCH PROGRAMS AND ACTIVITIES.
THE ESTIMATED OUTLAYS AND PROPOSED BUDGET AUTHORITY SUBMITTED PURSUANT
TO THIS SECTION SHALL BE SHOWN BY FUNCTION AND SUBFUNCTIONS (IN
ACCORDANCE WITH THE CLASSIFICATIONS IN THE BUDGET SUMMARY TABLE ENTITLED
"BUDGET AUTHORITY AND OUTLAYS BY FUNCTION AND AGENCY"), BY MAJOR
PROGRAMS WITHIN EACH SUCH FUNCTION, AND BY AGENCY. ACCOMPANYING THESE
ESTIMATES SHALL BE THE ECONOMIC AND PROGRAMMATIC ASSUMPTIONS UNDERLYING
THE ESTIMATE OUTLAYS AND PROPOSED BUDGET AUTHORITY, SUCH AS THE RATE OF
INFLATION, THE RATE OF REAL ECONOMIC GROWTH, THE UNEMPLOYMENT RATE,
PROGRAM CASELOADS, AND PAY INCREASES.
(B) THE JOINT ECONOMIC COMMITTEE SHALL REVIEW THE ESTIMATED OUTLAYS
AND PROPOSED BUDGET AUTHORITY SO SUBMITTED, AND SHALL SUBMIT TO THE
COMMITTEES ON THE BUDGET OF BOTH HOUSES AN ECONOMIC EVALUATION THEREOF
ON OR BEFORE DECEMBER 31 OF EACH YEAR.
SEC. 606. THE COMMITTEES ON THE BUDGET OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE SHALL STUDY ON A CONTINUING BASIS THOSE
PROVISIONS OF LAW WHICH EXEMPT AGENCIES OF THE FEDERAL GOVERNMENT, OR
ANY OF THEIR ACTIVITIES OR OUTLAYS, FROM INCLUSION IN THE BUDGET OF THE
UNITED STATES GOVERNMENT TRANSMITTED BY THE PRESIDENT UNDER SECTION 201
OF THE BUDGET AND ACCOUNTING ACT, 1921. EACH COMMITTEE SHALL, FROM TIME
TO TIME, REPORT TO ITS HOUSE ITS RECOMMENDATIONS FOR TERMINATING OR
MODIFYING SUCH PROVISIONS.
SEC. 607. NOTWITHSTNDING ANY OTHER PROVISION OF LAW, ANY REQUEST FOR
THE ENACTMENT OF LEGISLATION AUTHORIZING THE ENACTMENT OF NEW BUDGET
AUTHORITY TO CONTINUE A PROGRAM OR ACTIVITY FOR A FISCAL YEAR (BEGINNING
WITH THE FISCAL YEAR COMMENCING OCTOBER 1, 1976) SHALL BE SUBMITTED TO
THE CONGRESS NOT LATER THAN MAY 15 OF THE YEAR PRECEDING THE YEAR IN
WHICH SUCH FISCAL YEAR BEGINS. IN THE CASE OF A REQUEST FOR THE
ENACTMENT OF LEGISLATION AUTHORIZING THE ENACTMENT OF NEW BUDGET
AUTHORITY FOR A NEW PROGRAM OR ACTIVITY WHICH IS TO CONTINUE FOR MORE
THAN ONE FISCAL YEAR, SUCH REQUEST SHALL BE SUBMITTED FOR AT LEAST THE
FIRST 2 FISCAL YEARS.
SEC. 701. SECTION 136(A) OF THE LEGISLATIVE REORGANIZATION ACT OF
1946 (2 U.S.C. 190D) //85 STAT. 376.// IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SENTENCES: "SUCH COMMITTEES MAY CARRY OUT THE
REQUIRED ANALYSIS, APPRAISAL, AND EVALUATION THEMSELVES, OR BY CONTRACT,
OR MAY REQUIRE A GOVERNMENTAL AGENCY TO DO SO AND FURNISH A REPORT
THEREON TO THE CONGRESS. SUCH COMMITTEES MAY RELY ON SUCH TECHNIQUES AS
PILOT TESTING, ANALYSIS OF COSTS IN COMPARISON WITH BENEFITS, OR
PROVISION FOR EVALUATION AFTER A DEFINED PERIOD OF TIME."
SEC. 702. (A) SECTION 204 OF THE LEGISLATIVE REORGANIZATION ACT OF
1970 (31 U.S.C. 1154) //84 STAT. 1168.// IS AMENDED TO READ AS FOLLOWS:
"SEC. 204. (A) THE COMPTROLLER GENERAL SHALL REVIEW AND EVALUATE THE
RESULTS OF GOVERNMENT PROGRAMS AND ACTIVITIES CARRIED ON UNDER EXISTING
LAW WHEN ORDERED BY EITHER HOUSE OF CONGRESS, OR UPON HIS OWN
INITIATIVE, OR WHEN REQUESTED BY ANY COMMITTEE OF THE HOUSE OF
REPRESENTATIVES OR THE SENATE, OR ANY JOINT COMMITTEE OF THE TWO HOUSES,
HAVING JURISDICTION OVER SUCH PROGRAMS AND ACTIVITIES.
"(B) THE COMPTROLLER GENERAL, UPON REQUEST OF ANY COMMITTEE OF EITHER
HOUSE OR ANY JOINT COMMITTEE OF THE TWO HOUSES, SHALL--,
"(1) ASSIST SUCH COMMITTEE OR JOINT COMMITTEES IN DEVELOPING A
STATEMENT OF LEGISLATIVE OBJECTIVES AND GOALS AND METHODS FOR
ASSESSING AND REPORTING ACTUAL PROGRAM PERFORMANCE IN RELATION TO
SUCH LEGISLATIVE OBJECTIVES AND GOALS. SUCH STATEMENTS SHALL
INCLUDE, BUT ARE NOT LIMITED TO, RECOMMENDATIONS AS TO METHODS OF
ASSESSMENT, INFORMATION TO BE REPORTED, RESPONSIBILITY FOR
REPORTING, FREQUENCY OF REPORTS, AND FEASIBILITY OF PILOT TESTING;
AND
"(2) ASSIST SUCH COMMITTEE OR JOINT COMMITTEE IN ANALYZING AND
ASSESSING PROGRAM REVIEWS OR EVALUATION STUDIES PREPARED BY AND
FOR ANY FEDERAL AGENCY.
UPON REQUEST OF ANY MEMBER OF EITHER HOUSE, THE COMPTROLLER GENERAL
SHALL FURNISH TO SUCH MEMBER A COPY OF ANY STATEMENT OR OTHER MATERIAL
COMPILED IN CARRYING OUT PARAGRAPHS (1) AND (2) WHICH HAS BEEN RELEASED
BY THE COMMITTEE OR JOINT COMMITTEE FOR WHICH IT WAS COMPILED.
"(C) THE COMPTROLLER GENERAL SHALL DEVELOP AND RECOMMEND TO THE
CONGRESS METHODS FOR REVIEW AND EVALUATION OF GOVERNMENT PROGRAMS AND
ACTIVITIES CARRIED ON UNDER EXISTING LAW.
"(D) IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS SECTION, THE
COMPTROLLER GENERAL IS AUTHORIZED TO ESTABLISH AN OFFICE OF PROGRAM
REVIEW AND EVALUATION WITHIN THE GENERAL ACCOUNTING OFFICE. THE
COMPTROLLER GENERAL IS AUTHORIZED TO EMPLOY NOT TO EXCEED TEN EXPERTS ON
A PERMANENT, TEMPORARY, OR INTERMITTENT BASIS AND TO OBTAIN SERVICES AS
AUTHORIZED BY SECTION 3109 OF TITLE 5, UNITED STATES CODE, //80 STAT.
416; 83 STAT. 863.// BUT IN EITHER CASE AT A RATE (OR THE DAILY
EQUIVALENT) FOR INDIVIDUALS NOT TO EXCEED THAT PRESCRIBED, FROM TIME TO
TIME, FOR LEVEL V OF THE EXECUTIVE SCHEDULE UNDER SECTION 5316 OF TITLE
5, UNITED STATES CODE.
"(E) THE COMPTROLLER GENERAL SHALL INCLUDE IN HIS ANNUAL REPORT TO
THE CONGRESS A REVIEW OF HIS ACTIVITIES UNDER THIS SECTION, INCLUDING
HIS RECOMMENDATIONS OF METHODS FOR REVIEW AND EVALUATION OF GOVERNMENT
PROGRAMS AND ACTIVITIES UNDER SUBSECTION (C)."
(B) ITEM 204 IN THE TABLE OF CONTENTS OF SUCH ACT IS AMENDED TO READ
AS FOLLOWS:
"SEC. 204. REVIEW AND EVALUATION."
SEC. 703. (A) THE COMMITTEES ON THE BUDGET OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE SHALL STUDY ON A CONTINUING BASIS
PROPOSALS DESIGNED TO IMPROVE AND FACILITATE METHODS OF CONGRESSIONAL
BUDGET-MAKING. THE PROPOSALS TO BE STUDIED SHALL INCLUDE, BUT ARE NOT
LIMITED TO, PROPOSALS FOR--,
(1) IMPROVING THE INFORMATION BASE REQUIRED FOR DETERMINING THE
EFFECTIVENESS OF NEW PROGRAMS BY SUCH MEANS AS PILOT TESTING,
SURVEY RESEARCH, AND OTHER EXPERIMENTAL AND ALALYTICAL TECHNIQUES;
(2) IMPROVING ANALYTICAL AND SYSTEMATIC EVALUATION OF THE
EFFECTIVENESS OF EXISTING PROGRAMS;
(3) ESTABLISHING MAXIMUM AND MINIMUM TIME LIMITATIONS FOR
PROGRAM AUTHORIZATION; AND
(4) DEVELOPING TECHNIQUES OF HUMAN RESOURCE ACCOUNTING AND
OTHER MEANS OF PROVIDING NONECONOMIC AS WELL AS ECONOMIC
EVALUATION MEASURES.
(B) THE COMMITTEE ON THE BUDGET OF EACH HOUSE SHALL, FROM TIME TO
TIME, REPORT TO ITS HOUSE THE RESULTS OF THE STUDY CARRIED ON BY IT
UNDER SUBSECTION (A), TOGETHER WITH ITS RECOMMENDATIONS.
(C) NOTHING IN THIS SECTION SHALL PRECLUDE STUDIES TO IMPROVE THE
BUDGETARY PROCESS BY ANY OTHER COMMITTEE OF THE HOUSE OF REPRESENTATIVES
OR THE SENATE OR ANY JOINT COMMITTEE OF THE CONGRESS.
SEC. 801. (A) SO MUCH OF TITLE II OF THE LEGISLATIVE REORGANIZATION
ACT OF 1970 (31 U.S.C. CHAPTER 22) //84 STAT. 1167. 31 USC 1151.// AS
PRECEDES SECTION 204 THEREOF IS AMENDED TO READ AS FOLLOWS:
"SEC. 201. THE SECRETARY OF THE TREASURY AND THE DIRECTOR OF THE
OFFICE OF MANAGEMENT AND BUDGET, IN COOPERATION WITH THE COMPTROLLER
GENERAL OF THE UNITED STATES, SHALL DEVELOP, ESTABLISH, AND MAINTAIN,
FOR USE BY ALL FEDERAL AGENCIES, STANDARDIZED DATA PROCESSING AND
INFORMATION SYSTEMS FOR FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA AND
INFORMATION. THE DEVELOPMENT, ESTABLISHMENT, AND MAINTENANCE OF SUCH
SYSTEMS SHALL BE CARRIED OUT SO AS TO MEET THE NEEDS OF THE VARIOUS
BRANCHES OF THE FEDERAL GOVERNMENT AND, INSOFAR AS PRACTICABLE, OF
GOVERNMENTS AT THE STATE AND LOCAL LEVEL.
"SEC. 202. (A)(1) THE COMPTROLLER GENERAL OF THE UNITED STATES, IN
COOPERATION WITH THE SECRETARY OF THE TREASURY, THE DIRECTOR OF THE
OFFICE OF MANAGEMENT AND BUDGET, AND THE DIRECTOR OF THE CONGRESSIONAL
BUDGET OFFICE, SHALL DEVELOP, ESTABLISH, MAINTAIN, AND PUBLISH STANDARD
TERMINOLOGY, DEFINITIONS, CLASSIFICATIONS, AND CODES FOR FEDERAL FISCAL,
BUDGETARY, AND PROGRAM-RELATED DATA AND INFORMATION. THE AUTHORITY
CONTAINED IN THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO, DATA AND
INFORMATION PERTAINING TO FEDERAL FISCAL POLICY, REVENUES, RECEIPTS,
EXPENDITURES, FUNCTIONS, PROGRAMS, PROJECTS, AND ACTIVITIES. SUCH
STANDARD TERMS, DEFINITIONS, CLASSIFICATIONS, AND CODES SHALL BE USED BY
ALL FEDERAL AGENCIES IN SUPPLYING TO THE CONGRESS FISCAL, BUDGETARY, AND
PROGRAM-RELATED DATA AND INFORMATION.
"(2) THE COMPTROLLER GENERAL SHALL SUBMIT TO THE CONGRESS, ON OR
BEFORE JUNE 30, 1975, A REPORT CONTAINING THE INITIAL STANDARD
TERMINOLOGY, DEFINITIONS, CLASSIFICATIONS, AND CODES REFERRED TO IN
PARAGRAPH (1), AND SHALL RECOMMEND ANY LEGISLATION NECESSARY TO
IMPLEMENT THEM. AFTER JUNE 30, 1975, THE COMPTROLLER GENERAL SHALL
SUBMIT TO THE CONGRESS ADDITIONAL REPORTS AS HE MAY THINK ADVISABLE,
INCLUDING ANY RECOMMENDATIONS FOR ANY LEGISLATION HE MAY DEEM NECESSARY
TO FURTHER THE DEVELOPMENT, ESTABLISHMENT, AND MAINTENANCE,
MODIFICATION, AND EXECUTIVE IMPLEMENTATION OF SUCH STANDARD TERMINOLOGY,
DEFINITIONS, CLASSIFICATIONS, AND CODES.
"(B) IN CARRYING OUT THIS RESPONSIBILITY, THE COMPTROLLER GENERAL OF
THE UNITED STATES SHALL GIVE PARTICULAR CONSIDERATION TO THE NEEDS OF
THE COMMITTEES ON THE BUDGET OF THE HOUSE AND SENATE, THE COMMITTEES ON
APPROPRIATIONS OF THE HOUSE AND SENATE, THE COMMITTEE ON WAYS AND MEANS
OF THE HOUSE, THE COMMITTEE ON FINANCE OF THE SENATE, AND THE
CONGRESSIONAL BUDGET OFFICE.
"(C) THE COMPTROLLER GENERAL OF THE UNITED STATES SHALL CONDUCT A
CONTINUING PROGRAM TO IDENTIFY AND SPECIFY THE NEEDS OF THE COMMITTEES
AND MEMBERS OF THE CONGRESS FOR FISCAL, BUDGETARY, AND PROGRAM-RELATED
INFORMATTION TO SUPPORT THE OBJECTIVES OF THIS PART.
"(D) THE COMPTROLLER GENERAL SHALL ASSIST COMMITTEES IN DEVELOPING
THEIR INFORMATION NEEDS, INCLUDING SUCH NEEDS EXPRESSED IN LEGISLATIVE
REQUIREMENTS, AND SHALL MONITOR THE VARIOUS RECURRING REPORTING
REQUIREMENTS OF THE CONGRESS AND COMMITTEES AND MAKE RECOMMENDATIONS TO
THE CONGRESS AND COMMITTEES FOR CHANGES AND IMPROVEMENTS IN THEIR
REPORTING REQUIREMENTS TO MEET CONGRESSIONAL INFORMATION NEEDS
ASCERTAINED BY THE COMPTROLLER GENERAL, TO ENHANCE THEIR USEFULNESS TO
THE CONGRESSIONAL USERS AND TO ELIMINATE DUPLICATIVE OR UNNEEDED
REPORTING.
"(E) ON OR BEFORE SEPTEMBER 1, 1974, AND EACH YEAR THEREAFTER, THE
COMPTROLLER GENERAL SHALL REPORT TO THE CONGRESS ON NEEDS IDENTIFIED AND
SPECIFIED UNDER SUBSECTION (C); THE RELATIONSHIP OF THESE NEEDS TO THE
EXISTING REPORTING REQUIREMENTS; THE EXTENT TO WHICH THE EXECUTIVE
BRANCH REPORTING PRESENTLY MEETS THE IDENTIFIED NEEDS; THE
SPECIFICATION OF CHANGES TO STNDARD CLASSIFICATIONS NEEDED TO MEET
CONGRESSIONAL NEEDS; THE ACTIVITIES, PROGRESS AND RESULTS OF HIS
ACTIVITIES UNDER SUBSECTION (D); AND THE PROGRESS THAT THE EXECUTIVE
BRANCH HAS MADE DURING THE PAST YEAR.
"(F) ON OR BEFORE MARCH 1, 1975, AND EACH YEAR THEREAFTER, THE
DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET AND THE SECRETARY OF THE
TREASURY SHALL REPORT TO THE CONGRESS ON THEIR PLANS FOR ADDRESSING THE
NEEDS IDENTIFIED AND SPECIFIED UNDER SUBSECTION (C), INCLUDING PLANS FOR
IMPLEMENTING CHANGES TO CLASSIFICATIONS AND CODES TO MEET THE
INFORMATION NEEDS OF THE CONGRESS AS WELL AS THE STATUS OF PRIOR YEAR
SYSTEM AND CLASSIFICATION IMPLEMENTATIONS.
"SEC. 203. (A) UPON REQUEST OF ANY COMMITTEE OF EITHER HOUSE, OF ANY
JOINT COMMITTEE OF THE TWO HOUSES, OF THE COMPTROLLER GENERAL, OR OF THE
DIRECTOR OF THE CONGRESSIONAL BUDGET OFFICE, THE SECRETARY OF THE
TREASURY, THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, AND THE
HEADS OF THE VARIOUS EXECUTIVE AGENCIES SHALL--,
"(1) FURNISH TO SUCH COMMITTEE OR JOINT COMMITTEE, THE
COMPTROLLER GENERAL, OR THE DIRECTOR OF THE CONGRESSIONAL BUDGET
OFFICE INFORMATION AS TO THE LOCATION AND NATURE OF AVAILABLE
FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA AND INFORMATION; "(2)
TO THE EXTENT PRACTICABLE, PREPARE SUMMARY TABLES OF SUCH DATA AND
INFORMATION AND ANY RELATED INFORMATION DEEMED NECESSARY BY SUCH
COMMITTEE OR JOINT COMMITTEE, THE COMPTROLLER GENERAL, OR THE
DIRECTOR OF THE CONGRESSIONAL BUDGET OFFICE; AND
"(3) FURNISH TO SUCH COMMITTEE OR JOINT COMMITTEE, THE
COMPTROLLER GENERAL, OR THE DIRECTOR OF THE CONGRESSIONAL BUDGET
OFFICE ANY PROGRAM EVALUATIONS CONDUCTED OR COMMISSIONED BY ANY
EXECUTIVE AGENCY.
"(B) THE COMPTROLLER GENERAL, IN COOPERATION WITH THE DIRECTOR OF THE
CONGRESSIONAL BUDGET OFFICE, THE SECRETARY OF THE TREASURY, AND THE
DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, SHALL--,
"(1) DEVELOP, ESTABLISH, AND MAINTAIN AN UP-TO-DATE INVENTORY
AND DIRECTORY OF SOURCES AND INFORMATION SYSTEMS CONTAINING
FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA AND INFORMATION AND A
BRIEF DESCRIPTION OF THEIR CONTENT;
"(2) PROVIDE, UPON REQUEST, ASSISTANCE TO COMMITTEES, JOINT
COMMITTEES, AND MEMBERS OF CONGRESS IN SECURING FEDERAL FISCAL,
BUDGETARY, AND PROGRAM-RELATED DATA AND INFORMATION FROM THE
SOURCES IDENTIFIED IN SUCH INVENTORY AND DIRECTORY; AND
"(3) FURNISH, UPON REQUEST, ASSISTANCE TO COMMITTEES AND JOINT
COMMITTEES OF CONGRESS AND, TO THE EXTENT PRACTICABLE, TO MEMBERS
OF CONGRESS IN APPRAISING AND ALALYZING FISCAL, BUDGETARY, AND
PROGRAM-RELATED DATA AND INFORMATION SECURED FROM THE SOURCES
IDENTIFIED IN SUCH INVENTORY AND DIRECTORY.
"(C) THE COMPTROLLER GENERAL AND THE DIRECTOR OF THE CONGRESSIONAL
BUDGET OFFICE SHALL, TO THE EXTENT THEY DEEM NECESSARY, DEVELOP,
ESTABLISH, AND MAINTAIN A CENTRAL FILE OR FILES OF THE DATA AND
INFORMATION REQUIRED TO CARRY OUT THE PURPOSES OF THIS TITLE. SUCH A
FILE OR FILES SHALL BE ESTABLISHED TO MEET RECURRING REQUIREMENTS OF THE
CONGRESS FOR FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA AND INFORMATION
AND SHALL INCLUDE, BUT NOT BE LIMITED TO, DATA AND INFORMATION
PERTAINING TO BUDGET REQUESTS, CONGRESSIONAL AUTHORIZATIONS TO OBLIGATE
AND SPEND, APPORTIONMENT AND RESERVE ACTIONS, AND OBLIGATIONS AND
EXPENDITURES. SUCH FILE OR FILES AND THEIR INDEXES SHALL BE MAINTAINED
IN SUCH A MANNER AS TO FACILITATE THEIR USE BY THE COMMITTEES OF BOTH
HOUSES, JOINT COMMITTEES, AND OTHER CONGRESSIONAL AGENCIES THROUGH
MODERN DATA PROCESSING AND COMMUNICATIONS TECHNIQUES.
"(D) THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, IN
COOPERATION WITH THE DIRECTOR OF THE CONGRESSIONAL BUDGET OFFICE, THE
COMPTROLLER GENERAL, AND APPROPRIATE REPRESENTATIVES OF STATE AND LOCAL
GOVERNMENTS, SHALL PROVIDE, TO THE EXTENT PRACTICABLE, STATE AND LOCAL
GOVERNMENTS SUCH FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA AND
INFORMATION AS MAY BE NECESSARY FOR THE ACCURATE AND TIMELY
DETERMINATION BY THESE GOVERNMENTS OF THE IMPACT OF FEDERAL ASSISTANCE
UPON THEIR BUDGETS."
(B) THE TABLE OF CONTENTS OF THE LEGISLATIVE REORGANIZATION ACT OF
1970 IS AMENDED BY STRIKING OUT--,
"SEC. 201. BUDGETARY AND FISCAL DATA PROCESSING SYSTEM.
"SEC. 202. BUDGET STANDARD CLASSIFICATIONS.
"SEC. 203. AVAILABILITY TO CONGRESS OF BUDGETARY, FISCAL, AND
RELATED DATA." AND INSERTING IN LIEU THEREOF--,
"SEC. 201. FEDERAL FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA AND
INFORMATION SYSTEMS.
"SEC. 202. STANDARDIZATION OF TERMINOLOTY, DEFINITIONS,
CLASSIFICATIONS, AND CODES
"SEC. 203. AVAILABILITY TO AND USE BY THE CONGRESS AND STATE AND
LOCAL GOVERNMENTS OF FEDERAL FISCAL, BUDGETARY, AND PROGRAM-RELATED DATA
AND INFORMATION."
SEC. 802. ANY CHANGE IN THE FUNCTIONAL CATEGORIES SET FORTH IN THE
BUDGET OF THE UNITED STATES GOVERNMENT TRANSMITTED PURSUANT TO SECTION
201 OF THE BUDGET AND ACCOUNTING ACT, 1921, //ANTE P. 324.// SHALL BE
MADE ONLY IN CONSULTATION WITH THE COMMITTEES ON APPROPRIATIONS AND THE
BUDGET OF THE HOUSE OF REPRESENTATIVES AND SENATE.
SEC. 901. (A) RULE XI OF THE RULES OF THE HOUSE OF REPRESENTATIVES
AS AMENDED BY SECTION 101(C) OF THIS ACT) //ANTE, P. 299.// IS AMENDED
BY INSERTING IMMEDIATELY AFTER CLAUSE 22 THE FOLLOWING NEW CLAUSE:
"22A. THE RESPECTIVE AREAS OF LEGISLATIVE JURISDICTION UNDER THIS
RULE ARE MODIFIED BY TITLE I OF THE CONGRESSIONAL BUDGET ACT OF 1974."
(B) PARAGRAPH (C) OF CLAUSE 29 OF RULE XI OF THE RULES OF THE HOUSE
OF REPRESENTATIVES (AS REDESIGNATED BY SECTION 101(C) OF THIS ACT) IS
AMENDED BY INSERTING "THE COMMITTEE ON THE BUDGET," IMMEDIATELY AFTER
"THE COMMITTEE ON APPROPRIATIONS,".
(C) SUBPARAGRAPH (5) OF PARAGRAPH (A) OF CLAUSE 30 OF RULE XI OF THE
RULES OF THE HOUSE OF REPRESENTATIVES (AS SO REDESIGNATED) IS AMENDED BY
INSERTING "AND THE COMMITTEE ON THE BUDGET" IMMEDIATELY BEFORE THE
PERIOD AT THE END THEREOF.
(D) SUBPARAGRAPH (4) OF PARAGRAPH (B) OF CLAUSE 30 OF RULE XI OF THE
RULES OF THE HOUSE OF REPRESENTATIVES (AS SO REDESIGNATED) IS AMENDED BY
INSERTING "AND THE COMMITTEE ON THE BUDGET" IMMEDIATELY BEFORE THE
PERIOD AT THE END HEREOF.
(E) PARAGRAPH (D) OF CLAUSE 30 OF RULE XI OF THE RULES OF THE HOUSE
OF REPRESENTATIVES (AS SO REDISIGNATED) IS AMENDED BY STRIKING OUT "THE
COMMITTEE ON APPROPRIATIONS MAY APPOINT" AND INSERTING IN LIEU THEREOF
"THE COMMITTEE ON APPROPRIATIONS AND THE COMMITTEE ON THE BUDGET MAY
EACH APPOINT".
(F) CLAUSE 32 OF RULE XI OF THE RULES OF THE HOUSE OF REPRESENTATIVES
(AS SO REDESIGNATED) IS AMENDED BY INSERTING "THE COMMITTEE ON THE
BUDGET," IMMEDIATELY AFTER "THE COMMITTEE ON APPROPRIATIONS,".
(G) PARAGRAPH (A) OF CLAUSE 33 OF RULE XI OF THE RULES OF THE HOUSE
OF REPRESENTATIVES (AS SO REDESIGNATED) IS AMENDED BY INSERTING "AND THE
COMMITTEE ON THE BUDGET" IMMEDIATELY AFTER "THE COMMITTEE ON
APPROPRIATIONS".
SEC. 902. PARAGRAPH 1 OF RULE XXV OF THE STANDING RULES OF THE
SENATE IS AMENDED--,
(1) BY STRIKING OUT "REVENUE" IN SUBPARAGRAPH (H)1 AND
INSERTING IN LIEU THEREOF "EXCEPT AS PROVIDED IN THE CONGRESSIONAL
BUDGET ACT OF 1974, REVENUE";
(2) BY STRIKING OUT "THE" IN SUBPARAGRAPH (H)2 AND INSERTING IN
LIEU THEREOF "EXCEPT AS PROVIDED IN THE CONGRESSIONAL BUDGET ACT
OF 1974, THE"; AND
(3) BY STRIKING OUT "BUDGET" IN SUBPARAGRAPH (J)(1)(A) AND
INSERTING IN LIEU THEREOF "EXCEPT AS PROVIDED IN THE CONGRESSIONAL
BUDGET ACT OF 1974, BUDGET".
SEC. 903. (A) SECTION 134(C) OF THE LEGISLATIVE REORGANIZATION ACT
OF 1946 (2 U.S.C. 190B(B)) //84 STAT. 1155, 1440.// IS AMENDED BY
INSERTING "OR THE COMMITTEE ON THE BUDGET" AFTER "APPROPRIATIONS".
(B) SECTION 136(C) OF SUCH ACT (2 U.S.C. 190D(C)) //85 STAT. 376.//
IS AMENDED BY STRIKING OUT "COMMITTEE ON APPROPRIATIONS OF THE SENATE
AND THE COMMITTEES ON APPROPRIATIONS," AND INSERTING IN LIEU THEREOF
"COMMITTEES ON APPROPRIATIONS AND THE BUDGET OF THE SENATE AND THE
COMMITTEES ON APPROPRIATIONS, THE BUDGET,".
SEC. 904. (A) THE PROVISIONS OF THIS TITLE (EXCEPT SECTION 905) AND
OF TITLES I, III, AND IV AND THE PROVISIONS OF SECTIONS 606, 701, 703,
AND 1017 ARE ENACTED BY CONGRESS-- //31 USC 1301 NOTE.//
(1) AS AN EXERCISE OF THE RULEMAKING POWER OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE, RESPECTIVELY, AND AS SUCH THEY
SHALL BE CONSIDERED AS PART OF THE RULES OF EACH HOUSE,
RESPECTIVELY, OR OF THAT HOUSE TO WHICH THEY SPECIFICALLY APPLY,
AND SUCH RULES SHALL SUPERSEDE OTHER RULES ONLY TO THE EXTENT THAT
THEY ARE INCONSISTENT THEREWITH; AND
(2) WITH FULL RECOGNITION OF THE CONSTITUTIONAL RIGHT OF EITHER
HOUSE TO CHANGE SUCH RULES (SO FAR AS RELATING TO SUCH HOUSE) AT
ANY TIME, IN THE SAME MANNER, AND TO THE SAME EXTENT AS IN THE
CASE OF ANY OTHER RULE OF SUCH HOUSE.
(B) ANY PROVISION OF TITLE III OR IV MAY BE WAIVED OR SUSPENDED IN
THE SENATE BY A MAJORITY VOTE OF THE MEMBERS VOTING, A QUORUM BEING
PRESENT, OR BY THE UNANIMOUS CONSENT OF THE SENATE. //ANTE, PP. 306,
317.//
(C) APPEALS IN THE SENATE FROM THE DECISIONS OF THE CHAIR RELATING TO
ANY PROVISION OF TITLE III OR IV OR SECTION 1017 SHALL, EXCEPT AS
OTHERWISE PROVIDED THEREIN, BE LIMITED TO 1 HOUR, TO BE EQUALLY DIVIDED
BETWEEN, AND CONTROLLED BY, THE MOVER AND THE MANAGER OF THE RESOLUTION,
CONCURRENT RESOLUTION, RECONCILIATION BILL, OR RESCISSION BILL, AS THE
CASE MAY BE.
SEC. 905. (A) EXCEPT AS PROVIDED IN THIS SECTION, THE PROVISIONS OF
THIS ACT SHALL TAKE EFFECT ON THE DATE OF ITS ENACTMENT.
(B) TITLE II (EXCEPT SECTION 201(A)), SECTION 403, AND SECTION 502(
C) SHALL TAKE EFFECT ON THE DAY ON WHICH THE FIRST DIRECTOR OF THE
CONGRESSIONAL BUDGET OFFICE IS APPOINTED UNDER SECTION 201(A).
(C) EXCEPT AS PROVIDED IN SECTION 906, TITLE III AND SECTION 402
SHALL APPLY WITH RESPECT TO THE FISCAL YEAR BEGINNING ON OCTOBER 1,
1976, AND SUCCEEDING FISCAL YEARS, AND SECTION 401 SHALL TAKE EFFECT ON
THE FIRST DAY OF THE SECOND REGULAR SESSION OF THE NINETY-FOURTH
CONGRESS.
(D) THE AMENDMENTS TO THE BUDGET AND ACCOUNTING ACT, 1921, //42 STAT.
20, 31 USC 1.// MADE BY SECTIONS 601, 603, AND 604 SHALL APPLY WITH
RESPECT TO THE FISCAL YEAR BEGINNING ON JULY 1, 1975, AND SUCCEEDING
FISCAL YEARS, EXCEPT THAT SECTION 201(G) OF SUCH ACT (AS ADDED BY
SECTION 601) SHALL APPLY WITH RESPECT TO THE FISCAL YEAR BEGINNING ON
OCTOBER 18 1976, AND SUCCEEDING FISCAL YEARS AND SECTION 201(I) OF SUCH
ACT (AS ADDED BY SECTION 601) SHALL APPLY WITH RESPECT TO THE FISCAL
YEAR BEGINNING ON OCTOBER 1, 1978, AND SUCCEEDING FISCAL YEARS. THE
AMENDMENT TO SUCH ACT MADE BY SECTION 602 SHALL APPLY WITH RESPECT TO
THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1976, AND SUCCEEDING FISCAL
YEARS.
SEC. 906. //31 USC 1322 NOTE.// IF THE COMMITTEES ON THE BUDGET OF
THE HOUSE OF REPRESENTATIVES AND THE SENATE BOTH AGREE THAT IT IS
FEASIBLE TO REPORT AND ACT ON A CONCURRENT RESOLUTION ON THE BUDGET RE-
FERRED TO IN SECTION 301(A), OR TO APPLY ANY PROVISION OF TITLE III OR
SECTION 401 OR 402, //ANTE, P. 306.// FOR THE FISCAL YEAR BEGIN- NING ON
JULY 1, 1975, AND SUBMIT REPORTS OF SUCH AGREEMENT TO THEIR RESPECTIVE
HOUSES, THEN TO THE EXTENT AND IN THE MANNER SPECIFIED IN SUCH REPORTS,
THE PROVISIONS SO SPECIFIED AND SECTION 202(F) SHALL APPLY WITH RESPECT
TO SUCH FISCAL YEAR. //ANTE, P. 304.// IF ANY PROVISION SO SPECIFIED
CONTAINS A DATE, SUCH REPORTS SHALL APPLY WITH RESPECT TO SUCH FISCAL
YEAR. IF ANY PROVISION SO SPECIFIED CONTAINS A DATE, SUCH REPORTS SHALL
ALSO SPECIFY A SUBSTITUTE DATE.
SEC. 1001. //31 USC 1401 NOTE.// NOTHING CONTAINED IN THIS ACT, OR
IN ANY AMENDMENTS MADE BY THIS ACT, SHALL BE CONSTRUED AS-
(1) ASSERTING OR CONCEDING THE CONSTITUTIONAL POWERS OR
LIMITATIONS OF EITHER THE CONGRESS OR THE PRESIDENT;
(2) RETIFUING OR APPROVING ANY IMPOUNDMENT HERETOFORE OR
HEREAFTER EXECUTED OR APPROVED BY THE PRESIDENT OR ANY OTHER
FEDERAL OFFICER OR EMPLOYEE, EXCEPT INSOFAR AS PURSUANT TO STATU-
TORY AUTHORIZATION THEN IN EFFECT;
(3) AFFECTING IN ANY WAY THE CLAIMS OR DEFENSES OF ANY PARTY TO
LITIGATION CONCERNING ANY IMPOUNDMENT; OR
(4) SUPERSEDING ANY PROVISION OF LAW WHICH REQUIRES THE OBLI-
GATION OF BUDGET AUTHORITY OR THE MAKING OF OUTLAYS THEREUNDER.
SEC. 1002. SECTION 3679(C)(2) OF THE REVISED STATUTES, AS AMENDED
(31 USC 665), IS AMENDED TO READ AS FOLLOWS:
"(2) IN APPORTIONING ANY APPROPRIATION, RESERVES MAY BE ESTABLISHED
SOLELY TO PROVIDE FOR CONTINGENCIES, OR TO EFFECT SAVINGS WHENEVER
SAVINGS ARE MADE POSSIBLE BY OR THROUGH CHANGES IN REQUIREMENTS OR
GREATER EFFICIENCY OF OPERATIONS. WHENEVER IT IS DETERMINED BY AN
OFFICER DESIGNATED IN SUBSECTION (D) OF THIS SECTION TO MAKE
APPORTIONMENTS AND REAPPORTIONMENTS THAT ANY AMOUNT SO RESERVED WILL NOT
BE REQUIRED TO CARRY OUT THE FULL OBJECTIVES AND SCOPE OF THE
APPROPRIATION CONCERNED, HE SHALL RECOMMEND THE RESCISSION OF SUCH
AMOUNT IN THE MANNER PROVIDED IN THE BUDGET AND ACCOUNTING ACT, 1921,
//42 STAT. 20, 31 USC 1.// FOR ESTIMATES OF APPROPRIATIONS. EXCEPT AS
SPECIFICALLY PROVIDED BY PARTICULAR APPROPRIATIONS ACTS OR OTHER LAWS,
NO RESERVES SHALL BE ESTABLISHED OTHER THAN AS AUTHORIZED BY THIS
SUBSECTION. RESERVES ESTABLISHED PURSUANT TO THIS SUBSECTION SHALL BE
REPORTED TO THE CONGRESS IN ACCORDANCE WITH THE IMPOUNDMENT CONTROL ACT
OF 1974."
SEC. 1003. SECTION 203 OF THE BUDGET AND ACCOUNTING PROCEDURES ACT
OF 1950 IS REPEALED. //87 STAT. 7, 31 USC 581C-1.//
SEC. 1001. FOR PURPOSES OF THIS PART-
(1) "DEFERRAL OF BUDGET AUTHORITY" INCLUDES-
(A) WITHHOLDING OR DELAYING THE OBLIGATION OR EXPENDITURE OF
BUDGET AUTHORITY (WHETHER BY ESTABLISHING RESERVES OR OTHERWISE)
PROVIDED FOR PROJECTS OR ACTIVITIES; OR
(B) ANY OTHER TYPE OF EXECUTIVE ACTION OR INACTION WHICH
EFFECTIVELY PRECLUDES THE OBLIGATION OR EXPENDITURES OF BUDGET
AUTHORITY, INCLUDING AUTHORITY TO OBLIGATE BY CONTRACT IN ADVANCE
OF APPROPRIATIONS AS SPECIFICALLY AUTHORIZED BY LAW;
(2) "COMPTROLLER GENERAL" MEANS THE COMPTROLLER GENERAL OF THE
UNITED STATES;
(3) "RESCISSION BILL" MEANS A BILL OR JOINT RESOLUTION WHICH
ONLY RESCINDS, IN WHOLE OR IN PART, BUDGET AUTHORITY PRO- POSED TO
BE BE RESCINDED IN A SPECIAL MESSAGE TRANSMITTED BY THE PRESIDENT
UNDER SECTION 1012, AND UPON WHICH THE CONGRESS COM- PLETES ACTION
BEFORE THE END OF THE FIRST PERIOD OF 45 CALENDAR DAYS OF
CONTINUOUS SESSION OF THE CONGRESS AFTER THE DATE ON WHICH THE
PRESIDENT'S MESSAGE IS RECEIVED BY THE CONGRESS;
(4) "IMPOUNDMENT RESOLUTION" MEANS A RESOLUTION OF THE HOUSE OF
REPRESENTATIVES OR THE SENATE WHICH ONLY EXPRESSES ITS DISAP-
PROVAL OF A PROPOSED DEFERRAL OF BUDGET AUTHORITY SET FORTH IN A
SPECIAL MESSAGE TRANSMITTED BY THE PRESIDENT UNDER SECTION
THE END OF THE FIRST PERIOD OF 45 CALENDAR DAYS OF CONTINUOUSRE
SESSION OF THE CONGRESS AFTER THE DATE ON WHICH THE PRESIDENT'S
MESSAGE IS RECEIBED BY THE CONGRESS;
(4) " IMPOUNDMENT RESOLUTION" MEANS A RESOLUTION OF THE HOUSE
OF REPRESENTATIVES OR THE SENATE WHICH ONLY EXPRESSES ITS DISAP-
PROVAL OF A PROPOSED DEFERRAL OF BUDGER AUTHORITY SET FORTH IN A
SPECIAL MESSAGE TRANSMITTED BY THE PRESIDENT UNDER SECTION 1013;
AND
(5) CONTINUITY OF A SESSION OF THE CONGRESS SHALL BE CONSIDERED
AS BROKEN ONLY BY AN ADJOURNMENT OF THE CONGRESS SINE DIE, AND THE
DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN
ADJOURNMENT OF MORE THAN 3 DAYS TO A DAY CERTAIN SHALL BE EXCLUDED
IN TGE COMPUTATION OF ALL 45-DAY PERIOD RE- FERRED TO IN PARAGRAPH
(3) OF THIS SECTION AND IN SECTION 1012, AND THE 25-DAY PERIODS
REFERRED TO IN SECTIONS 1016 AND 1017(B)(1). IF A SPECIAL MESSAGE
IS TRANSMITTED UNDER SECTION 1012 DURING ANY CONGRESS AND THE LAST
SESSION OF SUCH CONGRESS ADJOURNS SINE DIE BEFORE THE EXPIRATION
OF 45 CALENDAR DAYS OF CONTINUOUS SESSION (OR A SPECIAL MESSAGE IS
SO TRANSMITTED AFTER THE LAST SESSION OF THE CONGRESS ADJOURNS
SINE DIE), THE MESSAGE SHALL BE DEEMED TO HAVE BEEN RETRANSMITTED
ON THE FIRST DAY OF THE SUCCEEDING CONGRESS AND THE 45-DAY PERIOD
REFERRED TO IN PARAGRAPH (3) OF THIS SECTION AND IN SECTION 1012
(WITH RESPECT TO SUCH MESSAGE) SHALL COMMENCE ON THE DAY AFTER
SUCH FIRST DAY.
SEC. 1012. (A) TRANSMITTAL OF SPECIAL MESSAGE. -WHENEVER THE
PRESIDENT DETERMINES THAT ALL OR PART OF ANY BUDGET AUTHORITY WILL NOT
BE REQUIRED TO CARRY OUT THE FULL OBJECTIVES OR SCOPE OF PROGRAMS FOR
WHICH IT IS PROVIDED OR THAT SUCH BUDGET AUTHORITY SHOULD BE RE- SCINDED
FOR FISCAL POLICY OR OTHER REASONS (INCLUDING THE TERMINATION OF
AUTHORIZED PROJECTS OR ACTIVITIES FOR WHICH BUDGET AUTHORITY HAS BEEN
PROVIDED), OR WHENEVER ALL OR PART OF BUDGET AUTHORITY PROVIDED FOR ONLY
ONE FISCAL YEAR IS TO BE RESERVED FROM OBLIGATION FOR SUCH FISCAL YEAR,
THE PRESIDENT SHALL TRANSMIT TO BOTH HOUSES OF CONGRESS A SPECIAL
MESSAGE SPECIFYING-
(1) THE AMOUNT OF BUDGET AUTHORITY WHICH HE PROPOSES TO BE
RESCINDED OR WHICH IS TO BE SO RESERVED;
(2) ANY ACCOUNT, DEPARTMENT, OR ESTABLISHMENT OF THE GOVERN-
MENT TO WHICH SYCH BUDGET AUTHORITY IS AVAILABLE FOR OBLIGATION,
AND THE SPECIFIC PROJECT OR GOVERNMENTAL FUNCTIONS INVOLVED;
(3) THE REASONS WHY THE BUDGET AUTHORITY SHOULD BE RESCINDED OR
IS TO BE SO RESERVED;
(4) TO THE MAXIMUM EXTENT PRACTICABLE, THE ESTIMATED FISCAL,
ECONOMIC, AND BUDGETARY EFFECT OF THE PROPOSED RESCISSION OR OF
THE RESERVATION; AND
(5) ALL FACTS, CIRCUMSTANCES, AND CONSIDERATIONS RELATING TO OR
BEARING UPON THE PROPOSED RESCISSION OR THE RESERVATION AND THE
DECISION TO EFFECT THE PROPOSED RESCISSION OR THE RESERVATION, AND
TO THE MAXIMUM EXTENT PRACTICABLE, THE ESTIMA- TED EFFECT OF THE
PROPOSED RESCISSION OR THE RESERVATION UPON THE OBJECTS, PURPOSES,
AND PROGRAMS FOR WHICH THE BUDGET AUTHORITY IS PROVIDED.
(B) REQUIREMENT TO MAKE AVAILABE FOR OBLIGATION.-ANY AMOUNT OF BUDGET
AUTHORITY PROPOSED TO BE RESCINDED OR THAT IS TO BE RESERVED AS SET
FORTH IN SUCH SPECIAL MESSAGE SHALL BE MADE AVAILABLE FOR OBLI- GATION
UNLESS, WITHIN THE PRESCRIBED 45-DAY PERIOD, THE CONGRESS HAS COMPLETED
ACTION ON A RESCISSION BILL RESCINDING ALL OR PART OF THE AMOUNT
PROPOSED TO BE RESCINDED OR THAT IS TO BE RESERVED.
SEC. 1013. (A) TRANSMITTAL OF SPECIAL MESSAGE.-WHENEVER THE
PRESIDENT, THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, THE HEAD
OF ANY DEPARTMENT OR AGENCY OF THE UNITED STATES, OR ANY OFFICER OR
EMPLOYEE OF THE UNITED STATES PROPOSES TO DEFER ANY BUDGET AUTHORITY
PROVIDED FOR A SPECIFIC PURPOSE OR PROJECT, THE PRESIDENT SHALL TRANS-
MIT TO THE HOUSE OF REPRESENTATIVES AND THE SENATE A SPECIAL MESSAGE
SPECIFYING-
(1) THE AMOUNT OF THE BUDGET AUTHORITY PROPOSED TO BE DE-
FERRED;
(2) ANY ACCOUNT, DEPARTMENT, OR ESTABLISHMENT OF THE GOVERN-
MENT TO WHICH SUCH BUDGET AUTHORITY IS AVAILABLE FOR OBLIGATION,
AND THE SPECIFIC PROJECTS OR GOVERNMENTAL FUNCTIONS INVOLVED;
(3) THE PERIOD OF TIME DURING WHICH THE BUDGET AUTHORITY IS
PROPOSED TO BE DEFERRED;
(4) THE REASONS FOR THE PROPOSED DEFERRAL, INCLUDING ANY LEGAL
AUTHORITY INVOKED BY HIM TO JUSTIFY THE PROPOSED DEFERRAL;
(5) TO THE MAXIMUM EXTENT PRACTICABLE, THE ESTIMATED FISCAL,
ECONOMIC, AND BUDGETARY EFFECT OF THE PROPOSED DEFERRAL; AND
(6) ALL FACTS, CIRCUMSTANCES, AND CONSIDERATIONS RELATING TO OR
BEARING UPON THE PROPOSED DEFERRAL AND THE DECISION TO EFFECT THE
PROPOSED DEFERRAL, INCLUDING AN ANALYSIS OF SUCH FACTS,
CIRCUMSTANCES, AND CONSIDERATIONS IN TERMS OF THEIR APPLICATION TO
ANY LEGAL AUTHORITY AND SPECIFIC ELEMENTS OF LEGAL AUTHORITY
INVOKED BY HIM TO JUSTIFY SUCH PROPOSED DEFERRAL, AND TO THE
MAXIMUM EXTENT PRACTICABLE, THE ESTIMATED EFFECT OF THE PROPOSED
DEFERRAL UPON THE OBJECTS, PURPOSES, AND PROGRAMS FOR WHICH THE
BUDGET AUTHORITY IS PROVIDED.
A SPECIAL MESSAGE MAY INCLUDE ONE OR MORE PROPOSED DEFERRALS OF BUDGET
AUTHORITY. A DEFERRAL MAY NOT BE PROPOSED FOR ANY PERIOD OF TIME
EXTENDING BEYOND THE END OF THE FISCAL YEAR IN WHICH THE SPECIAL MESSAGE
PROPOSING THE DEFERRAL IS TRANSMITTED TO THE HOUSE AND THE SENATE.
(B) REQUIREMENT TO MAKE AVAILABLE FOR OBLIGATION.--ANY AMOUNT OF
BUDGET AUTHORITY PROPOSED TO BE DEFERRED, AS SET FORTH IN A SPECIAL
MESSAGE TRANSMITTED UNDER SUBSECTION (A), SHALL BE MADE AVAILABLE FOR
OBLIGATION IF EITHER HOUSE OF CONGRESS PASSES AN IMPOUNDMENT RESOLUTION
DESAPPROVING SUCH PROPOSED DEFERRAL.
(C) EXCEPTION.--THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANY
BUDGET AUTHORITY PROPOSED TO BE RESCINDED OR THAT IS TO BE RESERVED AS
SET FORTH IN A SPECIAL MESSAGE REQUIRED TO BE TRANSMITTED UNDER SECTION
1012.
SEC. 1014. (A) DELIVERY TO HOUSE AND SENATE.--EACH SPECIAL MESSAGE
TRANSMITTED UNDER SECTION 1012 OR 1013 SHALL BE TRANSMITTED TO THE HOUSE
OF REPRESENTATIVES AND THE SENATE ON THE SAME DAY, AND SHALL BE
DELIVERED TO THE CLERK OF THE HOUSE OF REPRESENTATIVES IF THE HOUSE IS
NOT IN SESSION, AND TO THE SECRETARY OF THE SENATE IF THE SENATE IS NOT
IN SESSION. EACH SPECIAL MESSAGE SO TRANSMITTED SHALL BE REFERRED TO
THE APPROPRIATE COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
SENATE. EACH SUCH MESSAGE SHALL BE PRINTED AS A DOCUMENT OF EACH HOUSE.
(B) DELIVERY TO COMPTROLLER GENERAL.--A COPY OF EACH SPECIAL MESSAGE
TRANSMITTED UNDER SECTION 1012 OR 1013 SHALL BE TRANSMITTED TO THE
COMPTROLLER GENERAL ON THE SAME DAY IT IS TRANSMITTED TO THE HOUSE OF
REPRESENTATIVES AND THE SENATE. IN ORDER TO ASSIST THE CONGRESS IN THE
EXERCISE OF ITS FUNCTIONS UNDER SECTIONS 1012 AND 1013, THE COMPTROLLER
GENERAL SHALL REVIEW EACH SUCH MESSAGE AND INFORM THE HOUSE OF
REPRESENTATIVES AND THE SENATE AS PROMPTLY AS PRACTICABLE WITH RESPECT
TO--,
(1) IN THE CASE OF A SPECIAL MESSAGE TRANSMITTED UNDER SECTION
1012, THE FACTS SURROUNDING THE PROPOSED RESCISSION OR THE
RESERVATION OF BUDGET AUTHORITY (INCLUDING THE PROBABLE EFFECTS
THEREOF); AND
(2) IN THE CASE OF A SPECIAL MESSAGE TRANSMITTED UNDER SECTION
1013, (A) THE FACTS SURROUNDING EACH PROPOSED DEFERRAL OF BUDGET
AUTHORITY (INCLUDING THE PROBABLE EFFECTS THEREOF) AND (B) WHETHER
OR NOT (OR TO WHAT EXTENT), IN HIS JUDGMENT, SUCH PROPOSED
DEFERRAL IS IN ACCORDANCE WITH EXISTING STATUTOTY AUTHORITY.
(C) TRANSMISSION OF SUPPLEMENTARY MESSAGES.--IF ANY INFORMATION
CONTAINED IN A SPECIAL MESSAGE TRANSMITTED UNDER SECTION 1012 OR 1013 IS
SUBSEQUENTLY REVISED, THE PRESIDENT SHALL TRANSMIT TO BOTH HOUSES OF
CONGRESS AND THE COMPTROLLER GENERAL A SUPPLEMENTARY MESSAGE STATING AND
EXPLAINING SUCH REVISION. ANY SUCH SUPPLEMENTARY MESSAGE SHALL BE
DELIVERED, REFERRED, AND PRINTED AS PROVIDED IN SUBSECTION (A). THE
COMPTROLLER GENERAL SHALL PROMPTLY NOTIFY THE HOUSE OF REPRESENTATIVES
AND THE SENATE OF ANY CHANGES IN THE INFORMATION SUBMITTED BY HIM UNDER
SUBSECTION (B) WHICH MAY BE NECESSITATED BY SUCH REVISION.
(D) PRINTING IN FEDERAL REGISTER.--ANY SPECIAL MESSAGE TRANSMITTED
UNDER SECTION 1012 OR 1013, AND ANY SUPPLEMENTARY MESSAGE TRANSMITTED
UNDER SUBSECTION (C), SHALL BE PRINTED IN THE FIRST ISSUE OF THE FEDERAL
REGISTER PUBLISHED AFTER SUCH TRANSMITTAL.
(E) CUMULATIVE REPORTS OF PROPOSED RESCISSIONS, RESERVATIONS, AND
DEFERRALS OF BUDGET AUTHORITY.--,
(1) THE PRESIDENT SHALL SUBMIT A REPORT TO THE HOUSE OF
REPRESENTATIVES AND THE SENATE, NOT LATER THAN THE 10TH DAY OF
EACH MONTH DURING A FISCAL YEAR, LISTING ALL BUDGET AUTHORITY FOR
THAT FISCAL YEAR WITH RESPECT TO WHICH, AS OF THE FIRST DAY OF
SUCH MONTH--,
(A) HE HAS TRANSMITTED A SPECIAL MESSAGE UNDER SECTION 1012
WITH RESPECT TO A PROPOSED RESCISSION OR A RESERVATION; AND
(B) HE HAS TRANSMITTED A SPECIAL MESSAGE UNDER SECTION 1013
PROPOSING A DEFERRAL. SUCH REPORT SHALL ALSO CONTAIN, WITH
RESPECT TO EACH SUCH PROPOSED RESCISSION OR DEFERRAL, OR EACH SUCH
RESERVATION, THE INFORMATION REQUIRED TO BE SUBMITTED IN THE
SPECIAL MESSAGE WITH RESPECT THERETO UNDER SUCTION 1012 OR 1013.
(2) EACH REPORT SUBMITTED UNDER PARAGRAPH (1) SHALL BE PRINTED
IN THE FIRST ISSUE OF THE FEDERAL REGISTER PUBLISHED AFTER ITS
SUBMISSION.
SEC. 1015. (A) FAILURE TO TRANSMIT SPECIAL MESSAGE.--IF THE
COMPTROLLER GENERAL FINDS THAT THE PRESIDENT, THE DIRECTOR OF THE OFFICE
OF MANAGEMENT AND BUDGET, THE HEAD OF ANY DEPARTMENT OR AGENCY OF THE
UNITED STATES, OR ANY OTHER OFFICER OR EMPLOYEE OF THE UNITED STATES--,
(1) IS TO ESTABLISH A RESERVE OR PROPOSES TO DEFER BUDGET
AUTHORITY WITH RESPECT TO WHICH THE PRESIDENT IS REQUIRED TO
TRANSMIT A SPECIAL MESSAGE UNDER SECTION 1012 OR 1013; OR
(2) HAS ORDERED, PERMITTED, OR APPROVED THE ESTABLISHMENT OF
SUCH A RESERVE OR A DEFERRAL OF BUDGET AUTHORITY;
AND THAT THE PRESIDENT HAS FAILED TO TRANSMIT A SPECIAL MESSAGE WITH
RESPECT TO SUCH RESERVE OR DEFERRAL, THE COMPTROLLER GENERAL SHALL MAKE
A REPORT ON SUCH RESERVE OR DEFERRAL AND ANY AVAILABLE INFORMATION
CONCERNING IT TO BOTH HOUSES OF CONGRESS. THE PROVISIONS OF THIS PART
SHALL APPLY WITH RESPECT TO SUCH RESERVE OR DEFERRAL IN THE SAME MANNER
AND WITH THE SAME EFFECT AS IF SUCH REPORT OF THE COMPTROLLER GENERAL
WERE A SPECIAL MESSAGE TRANSMITTED BY THE PRESIDENT UNDER SECTION 1012
OR 1013, AND, FOR PURPOSES OF THIS PART, SUCH REPORT SHALL BE CONSIDERED
A SPECIAL MESSAGE TRANSMITTED UNDER SECTION 1012 OR 1013.
(B) INCORRECT CLASSIFICATION OF SPECIAL MESSAGE.--IF THE PRESIDENT
HAS TRANSMITTED A SPECIAL MESSAGE TO BOTH HOUSES OF CONGRESS IN
ACCORDANCE WITH SECTION 1013 OR 1013, AND THE COMPTROLLER GENERAL
BELIEVES THAT THE PRESIDENT SO TRANSMITTED THE SPECIAL MESSAGE IN
ACCORDANCE WITH ONE OF THOSE SECTIONS WHEN THE SPECIAL MESSAGE SHOULD
HAVE BEEN TRANSMITTED IN ACCORDANCE WITH THE OTHER OF THOSE SECTIONS,
THE COMPTROLLER GENERAL SHALL MAKE A REPORT TO BOTH HOUSES OF THE
CONGRESS SETTING FORTH HIS REASONS.
SEC. 1016. IF, UNDER SECTION 1012(B) OR 1013(B), BUDGET AUTHORITY IS
REQUIRED TO BE MADE AVAILABLE FOR OBLIGATION AND SUCH BUDGET AUTHORITY
IS NOT AVAILABLE FOR OBLIGATION, THE COMPTROLLER GENERAL IS HEREBY
EXPRESSLY EMPOWERED, THROUGH ATTORNEYS OF HIS OWN SELECTION, TO BRING A
CIVIL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
COLUMBIA TO REQUIRE SUCH BUDGET AUTHORITY TO BE MADE AVAILABLE FOR
OBLIGATION, AND SUCH COURT IS HEREBY EXPRESSLY EMPOWERED TO ENTER IN
SUCH CIVIL ACTION, AGAINST ANY DEPARTMENT, AGENCY, OFFICER, OR EMPLOYEE
OF THE UNITED STATES, ANY DECREE, JUDGMENT, OR ORDER WHICH MAY BE
NECESSARY OR APPROPRIATE TO MAKE SUCH BUDGET AUTHORITY AVAILABLE FOR
OBLIGATION. THE COURTS SHALL GIVE PRECEDENCE TO CIVIL ACTIONS BROUGHT
UNDER THIS SECTION, AND TO APPEALS AND WRITS FROM DECISIONS IN SUCH
ACTIONS, OVER ALL OTHER CIVIL ACTIONS, APPEALS, AND WRITS. NO CIVIL
ACTION SHALL BE BROUGHT BY THE COMPTROLLER GENERAL UNDER THIS SECTION
UNTIL THE EXPIRATION OF 25 CALENDAR DAYS OF CONTINUOUS SESSION OF THE
CONGRESS FOLLOWING THE DATE ON WHICH AN EXPLANATORY STATEMENT BY THE
COMPTROLLER GENERAL OF THE CIRCUMSTANCES GIVING RISE TO THE ACTION
CONTEMPLATED HAS BEEN FILED WITH THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND THE PRESIDENT OF THE SENATE.
SEC. 1017. (A) REFERRAL.--ANY RESCISSION BILL INTRODUCED WITH
RESPECT TO A SPECIAL MESSAGE OR IMPOUNDMENT RESOLUTION INTRODUCED WITH
RESPECT TO A PROPOSED DEFERRAL OF BUDGET AUTHORITY SHALL BE REFERRED TO
THE APPROPRIATE COMMITTEE OF THE HOUSE OF REPRESENTATIVES OR THE SENATE,
AS THE CASE MAY BE.
(B) DISCHARGE OF COMMITTEE.--,
(1) IF THE COMMITTEE TO WHICH A RESCISSION BILL OR IMPOUNDMENT
RESOLUTION HAS BEEN REFERRED HAS NOT REPORTED IT AT THE END OF 25
CALENDAR DAYS OF CONTINUOUS SESSION OF THE CONGRESS AFTER ITS
INTRODUCTION, IT IS IN ORDER TO MOVE EITHER TO DISCHARGE THE
COMMITTEE FROM FURTHER CONSIDERATION OF THE BILL OR RESOLUTION OR
TO DISCHARGE THE COMMITTEE FROM FURTHER CONSIDERATION OF ANY OTHER
RESCISSION BILL WITH RESPECT TO THE SAME SPECIAL MESSAGE OR
IMPOUNDMENT RESOLUTION WITH RESPECT TO THE SAME PROPOSED DEFERRAL,
AS THE CASE MAY BE, WHICH HAS BEEN REFERRED TO THE COMMITTEE.
(2) A MOTION TO DISCHARGE MAY BE MADE ONLY BY AN INDIVIDUAL
FAVORING THE BILL OR RESOLUTION, MAY BE MADE ONLY IF SUPPORTED BY
ONE-FIFTH OF THE MEMBERS OF THE HOUSE INVOLVED (A QUORUM BEING
PRESENT), AND IS HIGHLY PRIVILEGED IN THE HOUSE AND PRIVILEGED IN
THE SENATE (EXCEPT THAT IT MAY NOT BE MADE AFTER THE COMMITTEE HAS
REPORTED A BILL OR RESOLUTION WITH RESPECT TO THE SAME SPECIAL
MESSAGE OR THE SAME PORPOSED DEFERRAL, AS THE CASE MAY BE); AND
DEBATE THEREON SHALL BE LIMITED TO NOT MORE THAN 1 HOUR, THE TIME
TO BE DIVIDED IN THE HOUSE EQUALLY BETWEEN THOSE FAVORING AND
THOSE OPPOSING THE BILL OR RESOLUTION, AND TO BE DIVIDED IN THE
SENATE EQUALLY BETWEEN, AND CONTROLLED BY, THE MAJORITY LEADER AND
THE MINORITY LEADER OR THEIR DESIGNEES. AN AMENDMENT TO THE
MOTION IS NOT IN ORDER, AND IT IS NOT IN ORDER TO MOVE TO
RECONSIDER THE VOTE BY WHICH THE MOTION IS AGREED TO OR DISAGREED
TO.
(C) FLOOR CONSIDERATION IN THE HOUSE.--,
(1) WHEN THE COMMITTEE OF THE HOUSE OF REPRESENTATIVES HAS
REPORTED, OR HAS BEEN DISCHARGED FROM FURTHER CONSIDERATION OF, A
RESCISSION BILL OR IMPOUNDMENT RESOLUTION, IT SHALL AT ANY TIME
THEREAFTER BE IN ORDER (EVEN THOUGH A PREVIOUS MOTION TO THE SAME
EFFECT HAS BEEN DISAGREED TO) TO MOVE TO PROCEED TO THE
CONSIDERATION OF THE BILL OR RESOLUTION. THE MOTION SHALL BE
HIGHLY PRIVILEGED AND NOT DEBATABLE. AN AMENDMENT TO THE MOTION
SHALL NOT BE IN ORDER, NOR SHALL IT BE IN ORDER TO MOVE TO
RECONSIDER THE VOTE BY WHICH THE MOTION IS AGREED TO OR DISAGREED
TO.
(2) DEBATE ON A RESCISSION BILL OR IMPOUNDMENT RESOLUTION SHALL
BE LIMITED TO NOT MORE THAN 2 HOURS, WHICH SHALL BE DIVIDED
EQUALLY BETWEEN THOSE FAVORING AND THOSE OPPOSING THE BILL OR
RESOLUTION. A MOTION FURTHER TO LIMIT DABATE SHALL NOT BE
DEBATABLE. IN THE CASE OF AN IMPOUNDMENT RESOLUTION, NO AMENDMENT
TO, OR MOTION TO RECOMMIT, THE RESOLUTION SHALL BE IN ORDER. IT
SHALL NOT BE IN ORDER TO MOVE TO RECONSIDER THE VOTE BY WHICH A
RESCISSION BILL OR IMPOUNDMENT RESOLUTION IS AGREED TO OR
DISAGREED TO.
(3) MOTIONS TO POSTPONE, MADE WITH RESPECT TO THE CONSIDERATION
OF A RESCISSION BILL OR IMPOUNDMENT RESOLUTION, AND MOTIONS TO
PROCEED TO THE CONSIDERATION OF OTHER BUSINESS, SHALL BE DECIDED
WITHOUT DEBATE.
(4) ALL APPEALS FROM THE DECISIONS OF THE CHAIR RELATING TO THE
APPLICATION OF THE RULES OF THE HOUSE OR REPRESENTATIVES TO THE
PROCEDURE RELATING TO ANY RESCISSION BILL OR IMPOUNDMENT
RESOLUTION SHALL BE DECIDED WITHOUT DEBATE.
(5) EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED IN THE PRECEDING
PROVISIONS OF THIS SUBSECTION, CONSIDERATION OF ANY RESCISSION
BILL OR IMPOUNDMENT RESOLUTION AND AMENDMENTS THERETO (OR ANY
CONFERENCE REPORT THEREON) SHALL BE GOVERNED BY THE RULES OF THE
HOUSE OF REPRESENTATIVES APPLICABLE TO OTHER BILLS AND
RESOLUTIONS, AMENDMENTS, AND CONFERENCE REPORTS IN SIMILAR
CIRCUMSTANCES.
(D) FLOOR CONSIDERATION IN THE SENATE.--,
(1) DEBATE IN THE SENATE ON ANY RESCISSION BILL OR IMPOUNDMENT
RESOLUTION, AND ALL AMENDMENTS THERETO (IN THE CASE OF A
RESCISSION BILL) AND DEBATABLE MOTIONS AND APPEALS IN CONNECTION
THEREWITH SHALL BE LIMITED TO NOT MORE THAN 10 HOURS. THE TIME
SHALL BE EQUALLY DIVIDED BETWEEN, AND CONTROLLED BY, THE MAJORITY
LEADER AND THE MINORITY LEADER OR THEIR DESIGNEES.
(2) DEBATE IN THE SENATE ON ANY AMENDMENT TO A RESCISSION BILL
SHALL BE LIMITED TO 2 HOURS, TO BE EQUALLY DIVIDED BETWEEN, AND
CONTROLLED BY, THE MOVER AND THE MANAGER OF THE BILL. DEBATE ON
ANY AMENDMENT TO AN AMENDMENT, TO SUCH A BILL, AND DEBATE ON ANY
DEBATABLE MOTION OR APPEAL IN CONNECTION WITH SUCH A BILL OR AN
IMPOUNDMENT RESOLUTION SHALL BE LIMITED TO 1 HOUR, TO BE EQUALLY
DIVIDED BETWEEN, AND CONTROLLED BY, THE MOVER AND THE MANAGER OF
THE BILL OR RESOLUTION, EXCEPT THAT IN THE EVENT THE MANAGER OF
THE BILL OR RESOLUTION IS IN FAVOR OF ANY SUCH AMENDMENT, MOTION,
OR APPEAL, THE TIME IN OPPOSITION THERETO, SHALL BE CONTROLLED BY
THE MINORITY LEADER OR HIS DESIGNEE. NO AMENDMENT THAT IS NOT
GERMANE TO THE PROVISIONS OF A RESCISSION BILL SHALL BE RECEIVED.
SUCH LEADERS, OR EITHER OF THEM, MAY, FROM THE TIME UNDER THEIR
CONTROL ON THE PASSAGE OF A RESCISSION BILL OR IMPOUNDMENT
RESOLUTION, ALLOT ADDITIONAL TIME TO ANY SENATOR DURING THE
CONSIDERATION OF ANY AMENDMENT, DEBATABLE MOTION, OR APPEAL.
(3) A MOTION TO FURTHER LIMIT DEBATE IS NOT DEBATABLE. IN THE
CASE OF A RESCISSION BILL, A MOTION TO RECOMMIT (EXCEPT A MOTION
TO RECOMMIT WITH INSTRUCTIONS TO REPORT BACK WITHIN A SPECIFIED
NUMBER OF DAYS, NOT TO EXCEED 3, NOT COUNTING ANY DAY ON WHICH THE
SENATE IS NOT IN SESSION) IS NOT IN ORDER. DEBATE ON ANY SUCH
MOTION TO RECOMMIT SHALL BE LIMITED TO ONE HOUR, TO BE EQUALLY
DIVIDED BETWEEN, AND CONTROLLED BY, THE MOVER AND THE MANAGER OF
THE CONCURRENT RESOLUTION. IN THE CASE OF AN IMPOUNDMENT
RESOLUTION, NO AMENDMENT OR MOTION TO RECOMMIT IS IN ORDER.
(4) THE CONFERENCE REPORT ON ANY RESCISSION BILL SHALL BE IN
ORDER IN THE SENATE AT ANY TIME AFTER THE THIRD DAY (EXCLUDING
SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS) FOLLOWING THE DAY ON WHICH
SUCH A CONFERENCE REPORT IS REPORTED AND IS AVAILABLE TO MEMBERS
OF THE SENATE. A MOTION TO PROCEED TO THE CONSIDERATION OF THE
CONFERENCE REPORT MAY BE MADE EVEN THOUGH A PREVIOUS MOTION TO THE
SAME EFFECT HAS BEEN DISAGREED TO.
(5) DURING THE CONSIDERATION IN THE SENATE OF THE CONFERENCE
REPORT ON ANY RESCISSION BILL, DEBATE SHALL BE LIMITED TO 2 HOURS,
TO BE EQUALLY DIVIDED BETWEEN, AND CONTROLLED BY, THE MAJORITY
LEADER AND MINORITY LEADER OR THEIR DESIGNEES. DEBATE ON ANY
DEBATABLE MOTION OR APPEAL RELATED TO THE CONFERENCE REPORT SHALL
BE LIMITED TO 30 MINUTES, TO BE EQUALLY DIVIDED BETWEEN, AND
CONTROLLED BY, THE MOVER AND THE MANAGER OF THE CONFERENCE REPORT.
(6) SHOULD THE CONFERENCE REPORT BE DEFEATED, DEBATE ON ANY
REQUEST FOR A NEW CONFERENCE AND THE APPOINTMENT OF CONFEREES
SHALL BE LIMITED TO ONE HOUR, TO BE EQUALLY DIVIDED BETWEEN, AND
CONTROLLED BY, THE MANAGER OF THE CONFERENCE REPORT AND THE
MINORITY LEADER OR HIS DESIGNEE, AND SHOULD ANY MOTION BE MADE TO
INSTRUCT THE CONFEREES BEFORE THE CONFEREES ARE NAMED, DEBATE ON
SUCH MOTION SHALL BE LIMITED TO 30 MINUTES, TO BE EQUALLY DIVIDED
BETWEEN, AND CONTROLLED BY, THE MOVER AND THE MANAGER OF THE
CONFERENCE REPORT. DEBATE ON ANY AMENDMENT TO ANY SUCH
INSTRUCTIONS SHALL BE LIMITED TO 20 MINUTES, TO BE EQUALLY DIVIDED
BETWEEN, AND CONTROLLED BY, THE MOVER AND THE MANAGER OF THE
CONFERENCE REPORT. IN ALL CASES WHEN THE MANAGER OF THE
CONFERENCE REPORT IS IN FAVOR OF ANY MOTION, APPEAL, OR AMENDMENT,
THE TIME IN OPPOSITION SHALL BE UNDER THE CONTROL OF THE MINORITY
LEADER OR HIS DESIGNEE.
(7) IN ANY CASE IN WHICH THERE ARE AMENDMENTS IN DISAGREEMENT,
TIME ON EACH AMENDMENT SHALL BE LIMITED TO 30 MINUTES, TO BE
EQUALLY DIVIDED BETWEEN, AND CONTROLLED BY, THE MANAGER OF THE
CONFERENCE REPORT AND THE MINORITY LEADER OR HIS DESIGNEE. NO
AMENDMENT THAT IS NOT GERMANE TO THE PROVISIONS OF SUCH AMENDMENTS
SHALL BE RECEIVED.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 658 (COMM. ON RULES) AND NO. 93 - 1101
(COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 579 ACCOMPANYING S. 1541 (COMM. ON GOVERNMENT
OPERATIONS) AND NO. 93 - 688 ACCOMPANYING S. 1541 (COMM. ON RULES AND
ADMINISTRATION) AND NO. 93 - 924 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 4, 5, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): MAR. 13, 19 - 21, S. 1541 CONSIDERED IN
SENATE.
MAR. 22, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF S.
1541.
JUNE 18, HOUSE AGREED TO CONFERENCE REPORT.
JUNE 21, SENATE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
VOL. 10, NO. 28 (1974): JULY !2, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-343, 88 STAT 296.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT FUNDS APPROPRIATED
FOR PART D OF TITLE IX OF THE HIGHER EDUCATION ACT OF 1965 //86 STAT.
309, 20 USC 1134N.// BY THE DEPARTMENT OF LABOR AND HEALTH, EDUCATION,
AND WELFARE, AND RELATED AGENCIES APPROPRIATIONS ACT FOR THE FISCAL YEAR
ENDING JUNE 30, 1974 (PUBLIC LAW 93 - 192), //87 STAT. 746.// SHALL
REMAIN AVAILABLE FOR OBLIGATION THROUGH SEPTEMBER 15, 1974, FOR THE
PURPOSE OF SUPPORTING A PROGRAM TO ASSIST PERSONS FROM DISADVANTAGED
BACKGROUNDS TO PREPARE AND BE EDUCATED FOR THE LEGAL PROFESSION.
SEC. 2. IN ORDER TO CARRY OUT THE PROGRAM AUTHORIZED BY THIS ACT,
THE COMMISSIONER OF EDUCATION IS AUTHORIZED TO MAKE GRANTS TO PRIVATE
NONPROFIT ORGANIZATIONS REPRESENTATIVE OF LEGAL EDUCATION AND THE LEGAL
PROFESSION FOR THE PURPOSE OF (1) SELECTING AND COUNSELING SUCH PERSONS;
(2) PAYING STIPENDS TO SUCH PERSONS AND IN SUCH AMOUNTS AS THE
COMMISSIONER MAY DETERMINE TO BE APPROPRIATE; AND (3) PAYING FOR ANY
ADMINISTRATIVE EXPENSES INCURRED IN THE CARRYING OUT OF ACTIVITIES
AUTHORIZED BY THIS ACT.
SEC. 3. THE ACTIVITIES AUTHORIZED BY THIS ACT MAY BE CARRIED OUT
WITHOUT REGARD TO THE REQUIREMENTS AND LIMITATIONS SET FORTH IN SECTIONS
961, 962, AND 963 OF PART D OF TITLE IX OF THE HIGHER EDUCATION ACT OF
1965. //20 USC 1134N, 1134O, 1134P.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1106 (COMM. ON EDUCATION AND LABOR).
SENATE REPORT NO. 93 - 979 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 17, CONSIDERED AND PASSED HOUSE.
JUNE 27, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-342, 88 STAT 295
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) 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 1975, THE
SUM OF $13,910,000 TO REMAIN AVAILABLE UNTIL EXPENDED AS FOLLOWS: //42
USC 1959 NOTE.//
(1) RESEARCH EXPENSE, NOT MORE THAN $2,300,000;
(2) DEVELOPMENT EXPENSE, NOT MORE THAN $6,084,000;
(3) DESIGN, CONSTRUCTION, ACQUISITION, MODIFICATION, OPERATION,
AND MAINTENANCE OF SALINE WATER CONVERSION TEST BEDS AND TEST
FACILITIES, NOT MORE THAN $2,626,000;
(4) DESIGN, CONSTRUCTION, ACQUISITION, MODIFICATION, OPERATION,
AND MAINTENANCE OF SALINE WATER CONVERSION MODULES, NOT MORE THAN
$900,000; AND
(5) ADMINISTRATION AND COORDINATION, NOT MORE THAN $2,000,000.
(B) EXPENDITURES AND OBLIGATIONS UNDER PARAGRAPHS (1), (2), (3), AND
(4) OF SUBSECTION (A) OF THIS SECTION MAY BE INCREASED BY NOT MORE THAN
10 PER CENTUM AND EXPENDITURES AND OBLIGATIONS UNDER PARAGRAPH (5) OF
SUBSECTION (A) OF THIS SECTION MAY BE INCREASED BY NOT MORE THAN 2 PER
CENTUM, IF ANY SUCH INCREASE UNDER ANY PARAGRAPH IS ACCOMPANIED BY AN
EQUAL DECREASE IN EXPENDITURES AND OBLIGATIONS UNDER ONE OR MORE OF THE
OTHER PARAGRAPHS.
SEC. 2. IN ADDITION TO THE SUMS AUTHORIZED TO BE APPROPRIATED BY
SECTION 1 OF THIS ACT THERE ARE ALSO AUTHORIZED TO BE APPROPRIATED SUCH
ADDITIONAL SUMS OR SUPPLEMENTAL AMOUNTS AS MAY BE NECESSARY FOR
INCREASES IN SALARY, PAY, RETIREMENT, OR OTHER EMPLOYEE BENEFITS
AUTHORIZED BY LAW OR OTHER NONDISCRETIONARY COSTS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1047 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
SENATE REPORT NO. 93 - 958 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 21, CONSIDERED AND PASSED HOUSE.
JUNE 26, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-341, 88 STAT 295.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
THE INTERIOR SHALL ESTABLISH THE EGMONT KEY NATIONAL WILDLIFE REFUGE
(HEREAFTER REFERRED TO IN THIS ACT AS THE "REFUGE") AS PART OF THE
NATIONAL WILDLIFE REFUGE SYSTEM, WHICH SHALL CONSIST OF THAT AREA OF
LAND AND WATER DESCRIBED IN SECTION 2 OF THIS ACT. //16 USC 668DD
NOTE.//
SEC. 2. THE SECRETARY OF THE INTERIOR SHALL DESIGNATE AS THE REFUGE,
SUBJECT TO EXISTING VALID RIGHTS, THE LAND AND WATER, BEING
APPROXIMATELY TWO HUNDRED AND FIFTY ACRES, WHICH ARE--,
(1) GENERALLY DEPICTED ON THE MAP ENTITLED "EGMONT KEY NATIONAL
WILDLIFE REFUGE", DATED OCTOBER 1973, AND
(2) LOCATED WITHIN SECTIONS 23, 24, 25, AND 26 OF TOWNSHIP 33
SOUTH, RANGE 15 EAST, TALLAHASSEE MERIDIAN, BUT EXCLUDING (A) THE
LAND THEREIN UNDER THE JURISDICTION OF THE UNITED STATES COAST
GUARD WHICH LIES AT THE NORTH END OF THE ISLAND NORTH OF A LINE
DRAWN EAST TO WEST SIX HUNDRED FEET SOUTH OF THE GEOMETRIC CENTER
OF THE LIGHT TOWER, AND (B) THE LAND THEREIN CONVEYED BY THE
UNITED STATES TO THE COUNTY OF HILLSBOROUGH, FLORIDA, BY DEED
DATED MARCH 8, 1928,
BY PUBLICATION OF A PRECISE DESCRIPTION OF SUCH LAND AND WATER IN THE
FEDERAL REGISTER. THE MAP REFERRED TO IN THE PRECEDING SENTENCE SHALL
BE ON FILE AND AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICE OF THE
BUREAU OF SPORT FISHERIES AND WILDLIFE, DEPARTMENT OF THE INTERIOR.
SEC. 3. THE SECRETARY OF THE INTERIOR SHALL ADMINISTER THE REFUGE IN
ACCORDANCE WITH THE NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT
OF 1966, AS AMENDED (80 STAT. 927; 16 U.S.C. 668DD - EE). //83 STAT.
283; 87 STAT. 902.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 773 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 939 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 4, CONSIDERED AND PASSED HOUSE.
JUNE 20, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 28, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-340, 88 STAT 294
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SUBCHAPTER II
OF CHAPTER 55 OF TITLE 5, UNITED STATES CODE, //80 STAT. 477; 82 STAT.
1152.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SECTION:
"(A) WHEN A CITY ORDINANCE--
"(1) PROVIDES FOR THE COLLECTION OF A TAX BY IMPOSING ON
EMPLOYERS GENERALLY THE DUTY OF WITHHOLDING SUMS FROM THE PAY OF
EMPLOYEES AND MAKING RETURNS OF THE SUMS TO THE CITY: AND
"(2) IMPOSES THE DUTY TO WITHHOLD GENERALLY ON THE PAYMENT OF
COMPENSATION EARNED WITHIN THE JURISDICTION OF THE CITY IN THE
CASE OF EMPLOYEES WHOSE REGULAR PLACE OF EMPLOYMENT IS WITHIN SUCH
JURISDICTION;
THE SECRETARY OF THE TREASURY, UNDER REGULATIONS PRESCRIBED BY THE
PRESIDENT, SHALL ENTER INTO AN AGREEMENT WITH THE CITY WITHIN 120 DAYS
OF A REQUEST FOR AGREEMENT BY THE PROPER CITY OFFICIAL. THE AGREEMENT
SHALL PROVIDE THAT THE HEAD OF EACH AGENCY OF THE UNITED STATES SHALL
COMPLY WITH THE REQUIREMENTS OF THE CITY ORDINANCE IN THE CASE OF
EMPLOYEES OF THE AGENCY WHO ARE SUBJECT TO THE TAX AND WHOSE REGULAR
PLACE OF FEDERAL EMPLOYMENT IS WITHIN THE JURISDICTION OF THE CITY WITH
WHICH THE AGREEMENT IS MADE. THE AGREEMENT MAY NOT APPLY TO PAY FOR
SERVICE AS A MEMBER OF THE ARMED FORCES. THE AGREEMENT MAY NOT PERMIT
WITHHOLDING OF A CITY TAX FROM THE PAY OF AN EMPLOYEE WHO IS NOT A
RESIDENT OF THE STATE IN WHICH THAT CITY IS LOCATED UNLESS THE EMPLOYEE
CONSENTS TO THE WITHHOLDING.
"(B) THIS SECTION DOES NOT GIVE THE CONSENT OF THE UNITED STATES TO
THE APPLICATION OF AN ORDINANCE WHICH IMPOSES MORE BURDENSOME
REQUIREMENTS ON THE UNITED STATES THAN ON OTHER EMPLOYERS OR WHICH
SUBJECTS THE UNITED STATES OR ITS EMPLOYEES TO A PENALTY OR LIABILITY
BECAUSE OF THIS SECTION. AN AGENCY OF THE UNITED STATES MAY NOT ACCEPT
PAY FROM A CITY FOR SERVICES PERFORMED IN WITHHOLDING CITY INCOME OR
EMPLOYMENT TAXES FROM THE PAY OF EMPLOYEES OF THE AGENCY.
"(C) FOR THE PURPOSE OF THIS SECTION--,
"(1) 'CITY' MEANS A CITY WHICH IS DULY INCORPORATED UNDER THE
LAWS OF A STATE AND WITHIN THE POLITICAL BOUNDARIES OF WHICH 500
OR MORE PERSONS ARE REGULARLY EMPLOYED BY ALL AGENCIES OF THE
FEDERAL GOVERNMENT; AND
"(2) 'AGENCY' MEANS--,
(B) THE ANALYSIS OF SUBCHAPTER II OF CHAPTER 55 OF TITLE 5, UNITED
STATES CODE, //5 USC 5501.// IS AMENDED BY ADDING AT THE END THEREOF--,
"5520. WITHHOLDING OF CITY INCOME OR EMPLOYMENT TAXES.".
SEC. 2. SECTION 410(B) OF TITLE 39, UNITED STATES CODE, //84 STAT.
725.// IS AMENDED BY STRIKING OUT THE WORDS "AND SECTION 5532 (DUAL
PAY)" AND INSERTING IN LIEU THEREOF "SECTION 5520 (WITHHOLDING CITY
INCOME OR EMPLOYMENT TAXES), AND SECTION 5532 (DUAL PAY)". //80 STAT.
482, 5 USC 5532.//
SEC. 3. THIS SECTION SHALL BECOME EFFECTIVE ON THE DATE OF ENACTMENT
OF THIS ACT. THE PROVISIONS OF THE FIRST SECTION AND SECTION 2 OF THIS
ACT SHALL BECOME EFFECTIVE ON THE NINETIETH DAY FOLLOWING THE DATE OF
ENACTMENT. //5 USC 5520 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 892 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 946 (COMM. ON POST OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 18, CONSIDERED AND PASSED HOUSE.
JUNE 26, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-339, 88 STAT 293, NORTHWEST ATLANTIC FISHERIES ACT OF
1950, AMENDMENTS
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 2 OF
THE NORTHWEST ATLANTIC FISHERIES ACT OF 1950 (16 U.S.C. 981) //64 STAT.
1067; 85 STAT. 310.// IS AMENDED BY STRIKING OUT SUBSECTION (D) AND
REDESIGNATING SUBSECTIONS (E), (F), (G), (H), (I), AND (J) AS
SUBSECTIONS (D), (E), (F), (G), (H), AND (I), RESPECTIVELY.
(B) THE FIRST SENTENCE OF SECTION 4(A) OF SUCH ACT (16 U.S.C. 983
(A)) //64 STAT. 1068.// IS AMENDED BY STRIKING OUT "OF THE CONVENTION
AREA" EACH PLACE IT APPEARS AND INSERTING IN LIEU THEREOF IN EACH SUCH
PLACE "UNDER REGULATION BY THE COMMISSION".
(C) SECTION 4(B) OF SUCH ACT (16 U.S.C. 983(B)) IS AMENDED BY
STRIKING OUT "MAY" AND INSERTING "SHALL" IN LIEU THEREOF.
(D) SECTION 7(D) OF SUCH ACT (16 U.S.C. 986(D)) //85 STAT. 311.// IS
AMENDED BY STRIKING OUT "THAT PORTION OF THE CONVENTION AREA" AND
INSERTING IN LIEU THEREOF "ANY AREA INHABITED BY SPECIES OF FISH WHICH
ARE REGULATED BY THE COMMISSION".
(E) SECTION 7(E) OF SUCH ACT (16 U.S.C. 986(E)) //85 STAT. 312.// IS
AMENDED BY STRIKING OUT "ANY PORTION OF THE CONVENTION AREA EXCEPT SUCH
PORTIONS" AND INSERTING IN LIEU THEREOF "ANY AREA INHABITED BY SPECIES
OF FISH WHICH ARE REGULATED BY THE COMMISSION EXCEPT ANY SUCH AREA".
(F) SECTION 9(C) OF SUCH ACT (16 U.S.C. 988(C)) IS AMENDED BY
STRIKING OUT "THE CONVENTION AREA" AND INSERTING IN LIEU THEREOF "ANY
AREA INHABITED BY SPECIES OF FISH WHICH ARE REGULATED BY THE
COMMISSION".
(G) SUBSECTION (B) OF SECTION 4 OF THE ACT OF SEPTEMBER 27, 1950 (64
STAT. 1068), IS AMENDED BY ADDING THE FOLLOWING SENTENCE TO THE END
THEREOF: "THE SECRETARY OF STATE SHALL SUBMIT AN ANNUAL REPORT TO THE
CONGRESS OF THE COSTS INCURRED IN REIMBURSING TRAVEL AND PER DIEM
EXPENSES OF MEMBERS OF THE ADVISORY COMMITTEE PURSUANT TO THIS
SUBSECTION."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1020 (COMM. ON FOREIGN AFFAIRS).
SENATE REPORT NO. 93 - 893 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 7, CONSIDERED AND PASSED HOUSE.
JUNE 7, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 25, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-338, 88 STAT 293.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, NOTWITHSTANDING THE
PROVISIONS OF SECTION 203, TITLE 23, UNITED STATES CODE, //72 STAT.
906.// SUMS AUTHORIZED FOR FISCAL YEAR 1972 AND APPORTIONED TO STATES
FOR FOREST HIGHWAYS UNDER SECTION 202(A), TITLE 23, UNITED STATES CODE,
SHALL REMAIN AVAILABLE UNTIL EXPENDED.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 962 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 26, CONSIDERED AND PASSED SENATE; CONSIDERED AND PASSED
HOUSE, AMENDED.
JUNE 27, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-337, 88 STAT 292
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 1662 OF
TITLE 38, UNITED STATES CODE, //80 STAT. 14; 81 STAT. 188.// IS
AMENDED--,
(1) BY DELETING "EIGHT" IN SUBSECTION (A) AND INSERTING IN LIEU
THEREOF "10";
(2) BY DELETING "8-YEAR" IN SUBSECTION (B) AND INSERTING IN
LIEU THEREOF "10-YEAR";
(3) BY DELETING "8-YEAR" AND "EIGHT-YEAR" IN SUBSECTION (C) AND
INSERTING IN LIEU THEREOF "10-YEAR", RESPECTIVELY; AND
(4) BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(D) IN THE CASE OF ANY VETERAN (1) WHO SERVED ON OR AFTER JANUARY
31, 1955, (2) WHO BECAME ELIGIBLE FOR EDUCATIONAL ASSISTANCE UNDER THE
PROVISIONS OF THIS CHAPTER OR CHAPTER 36 OF THIS TITLE, //38 USC 1770.//
AND (3) WHO, SUBSEQUENT TO HIS LAST DISCHARGE OR RELEASE FROM ACTIVE
DUTY, WAS CAPTURED AND HELD AS A PRISONER OF WAR BY A FOREIGN GOVERNMENT
OR POWER, THERE SHALL BE EXCLUDED, IN COMPUTING HIS 10-YEAR PERIOD OF
ELIGIBILITY FOR EDUCATIONAL ASSISTANCE, ANY PERIOD DURING WHICH HE WAS
SO DETAINED AND ANY PERIOD IMMEDIATELY FOLLOWING HIS RELEASE FROM SUCH
DETENTION DURING WHICH HE WAS HOSPITALIZED AT A MILITARY, CIVILIAN, OR
VETERANS' ADMINISTRATION MEDICAL FACILITY.".
SEC. 2. SECTION 1712 OF TITLE 38, UNITED STATES CODE, //82 STAT.
1333; 84 STAT. 1575.// IS AMENDED--,
(1) BY DELETING "EIGHT" IN SUBSECTION (B) AND INSERTING IN LIEU
THEREOF "10"; AND
(2) BY DELETING "EIGHT" IN SUBSECTION (F) AND INSERTING IN LIEU
THEREOF "10".
SEC. 3. SECTION 604(A) AND (B) OF PUBLIC LAW 92 - 540 (82 STAT.
1333, OCTOBER 24, 1972) //86 STAT. 1099, 38 USC 1712 NOTE.// IS AMENDED
BY DELETING "EIGHT" AND INSERTING IN LIEU THEREOF "10".
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 977 (COMM. ON VETERANS' AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 26, CONSIDERED AND PASSED SENATE.
JUNE 27, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-336, 88 STAT 291.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2733 OF
TITLE 10, UNITED STATES CODE, IS AMENDED AS FOLLOWS: //82 STAT. 877;
84 STAT. 412.//
(1) SUBSECTION (A) IS AMENDED BY STRIKING OUT "$15,000" AND INSERTING
"$25,000" IN PLACE OF "15,000".
(2) SUBSECTION (D) IS AMENDED BY STRIKING OUT "$15,000" BOTH PLACES
IT APPEARS AND INSERTING "$25,000" IN PLACE THEREOF.
(3) SUBSECTION (G) IS AMENDED BY STRIKING OUT "$25,000" AND INSERTING
"$5,000" IN PLACE THEREOF.
SEC. 2. SECTION 2734 OF TITLE 10, UNITED STATES CODE, //72 STAT.
1461.// IS AMENDED BY STRIKING OUT "$15,000" WHEREVER IT APPEARS AND
INSERTING "$25,000" IN PLACE THEREOF.
SEC. 3. SECTION 715 OF TITLE 32, UNITED STATES CODE, //74 STAT.
878; 84 STAT. 412.// IS AMENDED AS FOLLOWS:
(1) SUBSECTION (A) IS AMENDED BY STRIKING OUT "$15,000" AND INSERTING
"$25,000" IN PLACE OF "$15,000".
(2) SUBSECTION (D) IS AMENDED BY STRIKING OUT "$15,000" BOTH PLACES
IT APPEARS AND INSERTING "$25,000" IN PLACE THEREOF.
(3) SUBSECTION (F) //82 STAT. 878.// IS AMENDED BY STRIKING OUT
"$2,500" AND INSERTING "$5,000" IN PLACE THEREOF.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 539 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 973 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD:
VOL. 119 (1973): OCT. 15, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): JUNE 27, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-335, 88 STAT. 291
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 8(A)(
1) OF PUBLIC LAW 93 - 233 //87 STAT. 956.// IS AMENDED BY STRIKING OUT
"6-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 "18-MONTH PERIOD". //7 USC 2012 NOTE.//
(B) SUBSECTIONS (A)(2), (B) (1), (B)(2), (B)(3), AND (E) OF SECTION 8
OF SUCH PUBLIC LAW ARE EACH AMENDED BY STRIKING OUT "6-MONTH PERIOD" AND
INSERTING IN LIEU THEREOF "18-MONTH PERIOD". //7 USC 612C NOTE, 1431
NOTE; 42 USC 1382E NOTE.//
(C) THE AMENDMENTS MADE BY THIS SECTION SHALL BE EFFECTIVE AS OF JULY
1, 1974.
SEC. 2. (A) SECTION 212(A) (3) (B) (I) OF PUBLIC LAW 93 - 66 //87
STAT. 155, 42 USC 1382 IS AMENDED BY STRIKING OUT "AND" AFTER "JUNE
1973," AND INSERTING IN LIEU THEREOF THE FOLLOWING: "TOGETHER WITH THE
BONUS VALUE OF FOOD STAMPS FOR JANUARY 1972, AS DEFINED IN SECTION 401(
B)(3) OF PUBLIC LAW 92 - 603, //42 USC 1382E NOTE.// IF, FOR SUCH MONTH,
SUCH INDIVIDUAL RESIDES IN A STATE WHICH PROVIDES STATE SUPPLEMENTARY
PAYMENTS (I) OF THE TYPE DESCRIBED IN SECTION 1616(A) OF THE SOCIAL
SECURITY ACT, //42 USC 1382E NOTE.// AND (II) THE LEVEL OF WHICH HAS
BEEN FOUND BY THE SECRETARY PURSUANT TO SECTION 8 OF PUBLIC LAW 93 - 233
//7 USC 2012 NOTE.// TO HAVE BEEN SPECIFICALLY INCREASED SO AS TO
INCLUDE THE BONUS VALUE OF FOOD STAMPS, AND".
(B)(1) THE AMENDMENT MADE BY SUBSECTION (A) SHALL TAKE EFFECT ON
JANUARY 1, 1974.
(2) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE IS AUTHORIZED TO
PRESCRIBE REGULATIONS FOR THE ADJUSTMENT OF AN INDIVIDUAL'S MONTHLY
SUPPLEMENTAL SECURITY INCOME PAYMENT IN ACCORDANCE WITH ANY INCREASE TO
WHICH SUCH INDIVIDUAL MAY BE ENTITLED UNDER THE AMENDMENT MADE BY
SUBSECTION (A) OF THIS SECTION: //42 USC 1382 NOTE.// PROVIDED, THAT
SUCH ADJUSTMENT IN MONTHLY PAYMENT, TOGETHER WITH THE REMITTANCE OF ANY
PRIOR UNPAID INCREMENTS TO WHICH SUCH INDIVIDUAL MAY BE ENTITLED UNDER
SUCH AMENDMENT, SHALL BE MADE NO LATER THAN THE FIRST DAY OF THE FIRST
MONTH BEGINNING MORE THAN SIXTY DAYS AFTER THE DATE OF THE ENACTMENT OF
THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1081 (COMM. ON WAYS AND MEANS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 18, CONSIDERED AND PASSED HOUSE.
JUNE 20, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-334, 88 STAT 290
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 274 OF THE
REVISED STATUTES OF THE UNITED STATES RELATING TO THE DISTRICT OF
COLUMBIA (D.C. CODE, SEC. 31 - 1102) IS HEREBY REPEALED.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 921 (COMM. ON THE DISTRICT OF COLUMBIA).
SENATE REPORT NO. 93 - 943 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 25, CONSIDERED AND PASSED HOUSE
JUNE 21, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-333, 88 STAT 290, FOREIGN DISASTER ASSISTANCE ACT OF
1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "FOREIGN DISASTER ASSISTANCE ACT OF 1974". //22 USC 2262
NOTE.//
SEC. 2. CHAPTER 5 OF PART 1 OF THE FOREIGN ASSISTANCE ACT OF 1961 IS
AMENDED-- //75 STAT. 434, 22 USC 2261.//
(1) BY STRIKING OUT OF THE CHAPTER HEADING "CONTINGENCY FUND"
AND INSERTING IN LIEU THEREOF "DISASTER RELIEF"; AND
(2) BY INSERTING IMMEDIATELY AFTER SECTION 451 THE FOLLOWING
NEW SECTION:
"SEC. 452 DISASTER RELIEF ASSISTANCE.-- //22 USC 2262.// THERE ARE
AUTHORIZED TO BE APPROPRIATED, IN ADDITION TO OTHER SUMS AVAILABLE FOR
SUCH PURPOSES, $65,000,000 FOR USE BY THE PRESIDENT FOR DISASTER RELIEF
AND EMERGENCY RECOVERY NEEDS IN PAKISTAN AND NICARAGUA, UNDER SUCH TERMS
AND CONDITIONS AS HE MAY DETERMINE, SUCH SUMS TO REMAIN AVAILABLE UNTIL
EXPENDED."
SEC. 3. SECTION 639A OF THE FOREIGN ASSISTANCE ACT OF 1961 //87
STAT. 725, 22 USC 2399-LA.// IS AMENDED--,
(1) BY STRIKING OUT "THE AFRICAN SAHEL" IN THE SECTION CAPTION
AND INSERTING "DROUGHT-STRIKEN AFRICAN NATIONS" IN LIEU THEREOF;
(2) BY STRIKING OUT OF SUBSECTION (A) "SAHELIAN";
(3) BY STRIKING OUT "$25,000,000" IN SUBSECTION (B) AND
INSERTING $110,000,000" IN LIEU THEREOF;
(4) BY STRIKING OUT "SAHELIAN" IN SUBSECTION (B); AND
(5) BY ADDING AT THE END OF SUBSECTION (B) THE FOLLOWING NEW
SENTENCE: "OF THE AMOUNT AUTHORIZED TO BE APPROPRIATED UNDER THIS
SUBSECTION, NOT MORE THAN $10,000,000 SHALL BE MADE AVAILABLE FOR
ETHIOPIA."
SEC. 4. //22 USC 2395 NOTE.// THE SECRETARY OF STATE SHALL KEEP THE
APPROPRIATE COMMITTEES OF CONGRESS FULLY AND CURRENTLY INFORMED OF THE
ONGOING STATUS OF ANY NEGOTIATIONS WITH ANY FOREIGN GOVERNMENT REGARDING
THE CANCELLATION, RENEGOTIATION, RESCHEDULING, OR SETTLEMENT OF ANY DEBT
OWED TO THE UNITED STATES BY ANY SUCH FOREIGN GOVERNMENT UNDER THE
FOREIGN ASSISTANCE ACT OF 1961. //75 STAT. 424, 22 USC 2151 NOTE.// THE
SECRETARY OF STATE SHALL TRANSMIT TO THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, AND TO THE CHAIRMAN OF THE APPROPRIATE SENATE
COMMITTEE, THE TEXT OF ANY INTERNATIONAL AGREEMENT PROPOSING A
MODIFICATION IN THE TERMS OF SUCH DEBT NO LESS THAN THIRTY DAYS PRIOR TO
ITS ENTRY INTO FORCE, TOGETHER WITH A DETAILED EXPLANATION OF THE
INTEREST OF THE UNITED STATES IN SUCH MODIFICATION.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 816 (COMM. ON FOREIGN AFFAIRS) AND NO. 93 -
1126 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 835 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 28, CONSIDERED AND PASSED HOUSE.
MAY 15, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 21, SENATE AGREED TO CONFERENCE REPORT.
JUNE 26, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-332, 88 STAT 289, ARMS CONTROL AND DISARMAMENT ACT,
AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 41(D)
OF THE ARMS CONTROL AND DISARMAMENT ACT (22 U.S.C. 2581(D)) IS AMENDED
BY
(1) DELETING "AS AUTHORIZED BY SECTION 15 OF THE ACT OF AUGUST
2, 1946 (5 U.S.C. 55A), //75 STAT. 635.// AT RATES NOT TO EXCEED
$100 PER DIEM FOR INDIVIDUALS," AND SUBSTITUTING THEREFOR "AS
AUTHORIZED BY SECTION 3109 OF TITLE 5 OF THE UNITED STATES CODE,";
//80 STAT. 416.//
(2) DELETING "SECTION 5 OF SAID ACT, AS AMENDED (5 U.S.C. 73B -
2)" AND SUBSTITUTING THEREFOR "SECTION 5703 OF SUCH TITLE"; AND
(3) DELETING FROM THE FIRST PROVISO THEREOF "ONE HUNDRED DAYS"
AND SUBSTITUTING THEREFOR "130 DAYS". //80 STAT. 499; 83 STAT.
190.//
(B) SECTION 19(A) OF SUCH ACT (22 U.S.C. 2589(A)) //86 STAT. 494.//
IS AMENDED BY INSERTING IN THE SECOND SENTENCE THEREOF IMMEDIATELY AFTER
"$22,000,000," THE FOLLOWING: "AND FOR THE FISCAL YEAR 1975, THE SUM OF
$10,000,000,".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 904 (COMM. ON FOREIGN AFFAIRS) AND NO. 93 -
1125 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 836 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 23, 24, CONSIDERED AND PASSED HOUSE.
MAY 15, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 21, SENATE AGREED TO CONFERENCE REPORT.
JUNE 26, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-331, 88 STAT 289
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8 OF THE
EXPORT-IMPORT BANK ACT OF 1945 //85 STAT. 345, 12 USC 635F.// IS AMENDED
BY STRIKING OUT "JUNE 30" AND INSERTING IN LIEU THEREOF "JULY 30".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 26, CONSIDERED AND PASSED SENATE.
JULY 1, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-330, 88 STAT 288.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, NOTWITHSTANDING
ANY OTHER PROVISION OF LAW OR OF PRIOR CONTRACT WITH THE UNITED STATES,
THE LAID-UP PASSENGER VESSEL STEAMSHIP INDEPENDENCE MAY BE SOLD AND
TRANSFERRED TO FOREIGN OWNERSHIP, REGISTRY, AND FLAG, WITH THE PRIOR
APPROVAL OF THE SECRETARY OF COMMERCE. SUCH APPROVAL SHALL REQUIRE (1)
APPROVAL OF THE PURCHASER; (2) PAYMENT OF EXISTING DEBT AND PRIVATE
OBLIGATIONS RELATED TO THE VESSEL; (3) APPROVAL OF THE PRICE, INCLUDING
TERMS OF PAYMENT, FOR THE SALE OF THE VESSEL; (4) THE SELLER TO ENTER
INTO AN AGREEMENT WITH THE SECRETARY WHEREBY AN AMOUNT EQUAL TO THE NET
PROCEEDS RECEIVED FROM SUCH SALE IN EXCESS OF EXISTING OBLIGATIONS AND
EXPENSES INCIDENT TO THE SALE SHALL WITHIN A REASONABLE PERIOD BE
DEPOSITED IN ITS CAPITAL CONSTRUCTION FUND OR CAPITAL RESERVE FUND; AND
(5) THE PURCHASER TO ENTER INTO AN AGREEMENT WITH THE SECRETARY, BINDING
UPON SUCH PURCHASER AND ANY LATER OWNER OF THE VESSEL AND RUNNING WITH
TITLE TO THE VESSEL, THAT (A) THE VESSEL WILL NOT CARRY PASSENGERS OR
CARGO IN COMPETITION, AS DETERMINED BY THE SECRETARY, WITH ANY UNITED
STATES-FLAG PASSENGER VESSEL FOR A PERIOD OF TWO YEARS FROM THE DATE THE
TRANSFERRED VESSEL GOES INTO OPERATION; (B) THE VESSEL WILL BE MADE
AVAILABLE TO THE UNITED STATES IN TIME OF EMERGENCY AND JUST
COMPENSATION FOR TITLE OR USE, AS THE CASE MAY BE, SHALL BE PAID IN
ACCORDANCE WITH SECTION 902 OF THE MERCHANT MARINE ACT, 1936, AS AMENDED
(46 U.S.C. 1242); //53 STAT. 1255; 57 STAT. 49; 70 STAT. 985.// (C)
THE PURCHASER WILL COMPLY WITH SUCH FURTHER CONDITIONS AS THE SECRETARY
MAY IMPOSE AS AUTHORIZED BY SECTIONS 9, 37, AND 41 OF THE SHIPPING ACT,
1916, AS AMENDED (46 U.S.C. 808, 835, AND 839); //40 STAT. 900; 79
STAT. 1305.// AND (D) THE PURCHASER WILL FURNISH A SURETY BOND IN AN
AMOUNT AND WITH A SURETY SATISFACTORY TO THE SECRETARY TO SECURE
PERFORMANCE OF THE FOREGOING AGREEMENTS.
IN ADDITION TO ANY OTHER PROVISION SUCH AGREEMENT MAY CONTAIN FOR
ENFORCEMENT OF (4) AND (5) ABOVE, THE AGREEMENT THEREIN REQUIRED MAY BE
SPECIFICALLY ENFORCED BY DECREE FOR SPECIFIC PERFORMANCE OR INJUNCTION
IN ANY DISTRICT COURT OF THE UNITED STATES. IN THE AGREEMENT WITH THE
SECRETARY, THE PURCHASER SHALL IRREVOCABLY APPOINT A CORPORATE AGENT
WITHIN THE UNITED STATES FOR SERVICES OR PROCESS UPON SUCH PURCHASER IN
ANY ACTION TO ENFORCE THE AGREEMENT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 947 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 933 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 2, CONSIDERED AND PASSED HOUSE.
JUNE 18, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-329, 88 STAT 288, RENEGOTIATION ACT OF 1951, EXTENSION
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTAIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 102 (C)(1) OF THE
RENEGOTIATION ACT OF 1951 (50 U.S.C. APP., SEC. 1212(C) (1)) //87 STAT.
152.// IS AMENDED BY STRIKING OUT "JUNE 30, 1974" AND INSERTING IN LIEU
THEREOF "DECEMBER 31, 1975".
SEC. 2. THE LAST SENTENCE OF SECTION 203(E)(2) OF THE FEDERAL-STATE
EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 1970 //ANTE, P. 53.// IS
AMENDED BY STRIKING OUT "JULY 1, 1974" AND INSERTING IN LIEU THEREOF
"AUGUST 1, 1974".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1065 (COMM. ON WAYS AND MEANS).
SENATE REPORT NO. 93 - 927 (COMM. ON FINANCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 3, CONSIDERED AND PASSED HOUSE.
JUNE 25, CONSIDERED AND PASSSED SENATE, AMENDED.
JUNE 27, HOUSE AGREED TO SENATE AMENDMENT WITH AN AMENDMENT;
SENATE RECEDED AND CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-328, 88 STAT 287
CERTAIN RATES OF POSTAGE, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 3626 OF
TITLE 39, UNITED STATES CODE, //84 STAT. 762.// IS AMENDED AS FOLLOWS:
(1) SUBOPARAGRAPH (1) IS AMENDED BY STRIKING OUT THE WORD "TENTH" AND
INSERTING IN LIEU THEREOF THE WORD "SIXTEENTH" AND BY STRIKING OUT THE
WORD "AND" AND FOLLOWING THE SEMICOLON.
(2) SUBPARAGRAPH (2) IS AMENDED--,
(A) BY INSERTING THE WORD "FORMER" BETWEEN THE WORDS "UNDER"
AND "SECTIONS";
(B) BY STRIKING OUT "4452(A),";
(C) BY STRIKING OUT THE WORD "FIFTH" AND INSERTING IN LIEU
THEREOF THE WORD "EIGHTH";
(D) BY STRIKING OUT "SUBSECTION" AND INSERTING IN LIEU THEREOF
"SUBPARAGRAPH"; AND
(E) BY STRIKING OUT THE PERIOD AND INSERTING IN LIEU THEREOF A
SEMICOLON AND THE WORD "AND".
(3) IMMEDIATELY BELOW SUBPARAGRAPH (2), ADD THE FOLLOWING NEW
SUBPARAGRAPH:
"(3) THE RATES FOR MAIL UNDER FORMER SECTION 4452(A) //81 STAT.
619.// SHALL BE EQUAL, ON AND AFTER THE FIRST DAY OF THE FIFTH
YEAR FOLLOWING THE EFFECTIVE DATE OF THE FIRST RATE DECISION
APPLICABLE TO THAT CLASS OR KIND, TO THE RATES THAT WOULD HAVE
BEEN IN EFFECT FOR SUCH MAIL IF THIS SUBPARAGRAPH HAD NOT BEEN
ENACTED."
SEC. 2. NOTHING IN SECTION 1 OF THIS ACT //39 USC 3626 NOTE.// SHALL
BE CONSTRUED TO AUTHORIZE A REDUCTION IN ANY RATE OF POSTAGE IN EFFECT
AND BEING PAID ON THE DATE OF ENACTMENT OF THIS ACT.
SEC. 3. SECTION 2009 OF TITLE 39, UNITED STATES CODE, //84 STAT.
742.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "THE
BUDGET PROGRAM SHALL ALSO INCLUDE SEPARATE STATEMENTS OF THE AMOUNTS
WHICH THE POSTAL SERVICE REQUESTS TO BE APPROPRIATED UNDER SUBSECTIONS
(B) AND (C) OF SECTION 2401 OF THIS TITLE. THE PRESIDENT SHALL INCLUDE
THESE AMOUNTS, WITH HIS RECOMMENDATIONS BUT WITHOUT REVISION, IN THE
BUDGET TRANSMITTED TO CONGRESS UNDER SECTION 11 OF TITLE 31.". //64
STAT. 832; 84 STAT. 1169.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1084 (COMM. ON POST OFFICE AND CIVIL SERVICE).
SENATE REPORT NO. 93 - 765 (COMM. ON POST OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 9, CONSIDERED AND PASSED SENATE.
JUNE 19, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-327, 88 STAT 287
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 14 OF THE EXPORT
ADMINISTRATION ACT OF 1969 //86 STAT. 646, 50 USC APP. 2413.// IS
AMENDED BY STRIKING OUT "JUNE 30" AND INSERTING IN LIEU THEREOF "JULY
30".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 25, CONSIDERED AND PASSED HOUSE AND SENATE.
PUBLIC LAW 93-326, 88 STAT 286, NATIONAL SCHOOL LUNCH AND CHILD
NUTRITION ACT AMENDMENTS OF 1974.
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 AND CHILD NUTRITION ACT AMENDMENTS
OF 1974".
SEC. 2. THE NATIONAL SCHOOL LUNCH ACT (42 U.S.C. 1751 ET SEQ.) IS
AMENDED BY REDESIGNATING SECTION 14 AS SECTION 15 AND BY INSERTING
IMMEDIATELY AFTER SECTION 13A THE FOLLOWING NEW SECTION:
"SEC. 14. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SECRETARY,
DURING THE PERIOD BEGINNING JULY !, 1974, AND ENDING JUNE 30, 1975,
SHALL--,
"(1) USE FUNDS AVAILABLE TO CARRY OUT THE PROVISIONS OF SECTION
32 OF THE ACT OF AUGUST 24, 1935 (7 U.S.C. 612C) WHICH ARE NOT
EXPENDED OR NEEDED TO CARRY OUT SUCH PROVISIONS, TO PURCHASE
(WITHOUT REGARD TO THE PROVISIONS OF EXISTING LAW GOVERNING THE
EXPENDITURE OF PUBLIC FUNDS) AGRICULTURAL COMMODITIES AND THEIR
PRODUCTS OF THE TYPES CUSTOMARILY PURCHASED UNDER SUCH SECTION,
FOR DONATION TO MAINTAIN THE ANNUALLY PROGRAMMED LEVEL OF
ASSISTANCE FOR PROGRAMS CARRIED ON UNDER THIS ACT, THE CHILD
NUTRITION ACT OF 1966, AND TITLE VII OF THE OLDER AMERICANS ACT OF
1965; AND
"(2) IF STOCKS OF THE COMMODITY CREDIT CORPORATION ARE NOT
AVAILABLE, USE THE FUNDS OF SUCH CORPORATION TO PURCHASE
AGRICULTURAL COMMODITIES AND THEIR PRODUCTS OF THE TYPES
CUSTOMARILY AVAILABLE UNDER SECTION 416 OF THE AGRICULTURAL ACT OF
1949 (7 U.S.C. 1431), FOR SUCH DONATION.".
SEC. 3. SECTION 6 OF THE NATIONAL SCHOOL LUNCH ACT IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(E) FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND SUBSEQUENT FISCAL
YEARS, THE NATIONAL AVERAGE VALUE OF DONATED FOODS, OR CASH PAYMENTS IN
LIEU THEREOF, SHALL NOT BE LESS THAN 10 CENTS PER LUNCH, AND THAT AMOUNT
SHALL BE ADJUSTED ON AN ANNUAL BASIS EACH FISCAL YEAR AFTER JUNE 30,
1975, TO REFLECT 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. SUCH ADJUSTMENT SHALL BE COMPUTED TO THE NEAREST
ONE-FOURTH CENT. AMONG THOSE COMMODITIES DELIVERED UNDER THIS SECTION,
THE SECRETARY SHALL GIVE SPECIAL EMPHASIS TO HIGH PROTEIN FOODS, MEAT,
AND MEAT ALTERNATES.".
SEC. 4. THE LAST SENTENCE OF SECTION 9(B) OF THE NATIONAL SCHOOL
LUNCH ACT IS AMENDED BY STRIKING OUT "FOR THE FISCAL YEAR ENDING JUNE
30, 1974" AND INSERTING IN LIEU THEREOF "BEGINNING WITH THE FISCAL YEAR
ENDING JUNE 30, 1974".
SEC. 5. THE CHILD NUTRITION ACT OF 1966 (42 U.S.C. 1771 - 1786) IS
AMENDED BY STRIKING OUT $20,000,000" IN THE FIRST SENTENCE OF SECTION
5(A) AND INSERTING IN LIEU THEREOF "$40,000,000".
SEC. 6. THE THIRD SENTENCE OF SECTION 17(B) OF THE CHILD NUTRITION
ACT OF 1966 IS AMENDED BY STRIKING OUT $40,000,000" EACH PLACE IT
APPEARS AND INSERTING IN LIEU THEREOF "$100,000,000".
SEC. 7. THE FIRST SENTENCE OF SECTION 3 OF THE NATIONAL SCHOOL LUNCH
ACT IS AMENDED BY STRIKING OUT "SECTIONS 11 AND 13" AND INSERTING IN
LIEU THEREOF "SECTION 13".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1022 (COMM. ON EDUCATION AND LABOR) AND NO.
93 - 1104 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 830 ACCOMPANYING S. 3459 (COMM. ON AGRICULTURE
AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 7, CONSIDERED AND PASSED HOUSE.
MAY 21, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF S.
3459.P
JUNE 17, HOUSE AGREED TO CONFERENCE REPORT.
JUNE 18, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-325, 88 STAT 285
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 MARCH
31, 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)
//87 STAT. 691.// SHALL BE TEMPORARILY INCREASED BY $95,000,000,000.
SEC. 2. EFFECTIVE ON THE DATE OF THE ENACTMENT OF THIS ACT, THE
FIRST SECTION OF THE ACT OF DECEMBER 3, 1973, //31 USC 757B NOTE.//
PROVIDING FOR A TEMPORARY INCREASE IN THE PUBLIC DEBT LIMIT FOR A PERIOD
ENDING JUNE 30, 1974 (PUBLIC LAW 93 - 173), //87 STAT. 691.// IS HEREBY
REPEALED.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1050 (COMM. ON WAYS AND MEANS).
SENATE REPORT NO. 93 - 926 (COMM. ON FINANCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 23, CONSIDERED AND PASSED HOUSE.
JUNE 17 - 21, 24 - 26, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-324, 88 STAT 281
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 1975, 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 OR OTHER ENACTED APPROPRIATION ACTS FOR THE FISCAL YEAR
1975) WHICH WERE CONDUCTED IN THE FISCAL YEAR 1974 AND FOR WHICH
APPROPRIATIONS, FUNDS, OR OTHER AUTHORITY WOULD BE AVAILABLE IN THE
FOLLOWING APPROPRIATION ACTS FOR THE FISCAL YEAR 1975:
AGRICULTURE-ENVIRONMENTAL AND CONSUMER PROTECTION APPROPRIATION
ACT;
DISTRICT OF COLUMBIA APPROPRIATION ACT;
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SPACE, SCIENCE,
VETERANS, AND CERTAIN OTHER INDEPENDENT AGENCIES APPROPRIATION
ACT;
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 ATOMIC ENERGY
COMMISSION APPROPRIATION ACT;
DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE, THE JUDICIARY, AND
RELATED AGENCIES APPROPRIATION ACT, NOTWITHSTANDING SECTION 701 OF
THE UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF
1948, AS AMENDED; //86 STAT. 35, 22 USC 1476.//
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATION
ACT; AND
TREASURY, POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATION
ACT INCLUDING NOT TO EXCEED ONE QUARTER OF THE "PAYMENT TO THE
POSTAL SERVICE FUND".
(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, 1974, IS DIFFERENT FROM THAT WHICH
WOULD BE AVAILABLE OR GRANTED UNDER SUCH ACT AS PASSED BY THE SENATE AS
OF JULY 1, 1974, 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 1975;
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, 1974, OR WHERE AN ITEM IS INCLUDED IN ONLY ONE
VERSION OF AN ACT AS PASSED BY BOTH HOUSES AS OF JULY 1, 1974, 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: 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 1974, 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: PROVIDED FURTHER,
THAT WITH RESPECT TO APPROPRIATIONS, INCLUDING ANY ACTIVITY, PROGRAM, OR
PROJECT, CONTAINED IN THE DEPARTMENTS OF LABOR, AND HEALTH, EDUCATION,
AND WELFARE, AND RELATED AGENCIES APPROPRIATION ACT, 1974 (PUBLIC LAW 93
- 192), //87 STAT. 746.// THE CURRENT RATE FOR OPERATIONS SHALL BE THAT
PERMITTED BY THE SPECIFIC PROVISIONS SET FORTH IN THE ENACTING CLAUSE OF
PUBLIC LAW 93 - 192.
(B) SUCH AMOUNTS AS MAY BE NECESSARY FOR CONTINUING PROJECTS OR
ACTIVITIES (NOT OTHERWISE PROVIDED FOR IN THIS JOINT RESOLUTION OR OTHER
ENACTED APPROPRIATION ACTS FOR THE FISCAL YEAR 1975) WHICH WERE
CONDUCTED IN THE FISCAL YEAR 1974 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 DEPARTMENT OF
INTERIOR AND RELATED AGENCIES APPROPRIATION ACT, 1974; //87 STAT.
429.//
ACTIVITIES FOR WHICH PROVISION WAS MADE IN THE MILITARY
CONSTRUCTION APPROPRIATION ACT, 1974; //87 STAT. 766.//
ACTIVITIES FOR WHICH PROVISION WAS MADE IN THE DEPARTMENT OF
DEFENSE APPROPRIATION ACT, 1974: //87 STAT. 1026.// PROVIDED,
THAT THE CONTINUATION OF SUPPORT FOR SOUTH VIETNAMESE MILITARY
FORCES SHALL BE ADMINISTERED AND ACCOUNTED FOR FROM ONE FUND, AT
AN ANNUAL RATE OF $1,000,000,000, TO BE OBLIGATED ONLY BY THE
ISSUANCE OF ORDERS BY THE SECRETARY OF DEFENSE FOR SUCH SUPPORT:
PROVIDED FURTHER, THAT THE FUND FOR SUPPORT OF VIETNAMESE MILITARY
FORCES SHALL BE DEEMED OBLIGATED AT THE TIME THE SECRETARY OF
DEFENSE ISSUES ORDERS AUTHORIZING SUPPORT OF ANY KIND, WHICH
OBLIGATIONS SHALL IN THE CASE OF NON-EXCESS MATERIALS AND SUPPLIES
TO BE FURNISHED FROM THE INVENTORY OF DEPARTMENT OF DEFENSE BE
EQUAL TO THE REPLACEMENT COSTS THEREOF AT THE TIME SUCH OBLIGATION
IS INCURRED AND IN THE CASE OF EXCESS MATERIALS AND SUPPLIES BE
EQUAL TO THE ACTUAL VALUE THEREOF AT THE TIME SUCH OBLIGATION IS
INCURRED: PROVIDED FURTHER, THAT NONE OF THE ACTIVITIES FOR
SUPPORT OF SOUTH VIETNAMESE MILITARY FORCES CONTAINED IN THIS
PARAGRAPH SHOULD BE FUNDED AT A RATE EXCEEDING ONE QUARTER OF THE
ANNUAL RATE AS PROVIDED BY THIS JOINT RESOLUTION;
ACTIVITIES FOR WHICH PROVISION WAS MADE IN THE FOREIGN
ASSISTANCE AND RELATED PROGRAMS APPROPRIATIONS ACT, 1974, //87
STAT. 1049.// NOTWITHSTANDING SECTION 10 OF PUBLIC LAW 91 - 672,
//84 STAT. 2055, 22 USC 2412.// AND SECTION 655(C) OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED: //86 STAT. 29, 22 USC 2415.//
PROVIDED, THAT IN COMPUTING THE CURRENT RATE OF OPERATIONS OF
MILITARY ASSISTANCE THERE SHALL BE INCLUDED: (1) THE AMOUNT OF
CONTRACT AUTHORITY USED DURING THE FISCAL YEAR 1974 PURSUANT TO
SECTION 506(A) OF THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED,
75 STAT. 436; 87 STAT. 721, 22 USC 2318.// FOR MILITARY
ASSISTANCE TO CAMBODIA, AND (2) THE AMOUNT OF OBLIGATIONS INCURRED
IN DEPARTMENT OF DEFENSE APPROPRIATIONS DURING THE FISCAL YEAR
1974 FOR MILITARY ASSISTANCE TO LAOS;
THE FOLLOWING ACTIVITIES FOR WHICH PROVISION WAS MADE IN THE
DEPARTMENTS OF LABOR AND HEALTH, EDUCATION, AND WELFARE
APPROPRIATION ACT, 1974, //87 STAT. 746.// THE SUPPLEMENTAL
APPROPRIATIONS ACT, 1974, //87 STAT. 1071.// OR THE SECOND
SUPPLEMENTAL APPROPRIATIONS ACT, 1974: //87 STAT. 1071.// //ANTE,
P. 195.//
ACTIVITIES UNDER SECTIONS 301(H), 304, 305, 310, 314(D) AND
(E) AND 329 OF THE PUBLIC HEALTH SERVICE ACT, AS AMENDED; //42
USC 241, 242B, 242C, 242H, 246, 254B.//
ACTIVITES UNDER TITLE III, PART J, AND TITLE X OF THE PUBLIC
HEALTH SERVICE ACT, AS AMENDED; //42 USC 280B, 300.//
ACTIVITIES UNDER TITLE VII OF THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965, AS AMENDED; //81 STAT. 816, 20 USC 880B.//
ACTIVITIES UNDER THE EDUCATION OF THE HANDICAPPED ACT; //84
STAT. 175, 20 USC 1401 NOTE.//
ACTIVITIES UNDER SECTION 1113 OF THE SOCIAL SECURITY ACT, AS
AMENDED; //75 STAT. 142, 42 USC 1313.//
ACTIVITIES UNDER THE YOUTH DEVELOPMENT AND DELINQUENCY
PREVENTION ACT; //84 STAT. 1327, 42 USC 2661 NOTE.//
ACTIVITIES UNDER TITLE VII OF TH OLDER AMERICANS ACT; //86
STAT. 532, 42 USC 3801 NOTE.// AND
ACTIVITIES FOR "HEALTH RESOURCES" AS SET FORTH IN THE 1975
BUDGET;
ACTIVITIES OF THE AMERICAN REVOLUTION BICENTENNIAL
ADMINISTRATION;
ACTIVITIES OF THE CABINET COMMITTEE ON OPPORTUNITIES FOR
SPANISH-SPEAKING PEOPLE;
ACTIVITIES UNDER THE NATURAL GAS PIPELINE SAFETY ACT OF 1968,
AS AMENDED; //82 STAT. 720, 49 USC 1671 NOTE.//
ACTIVITIES OF THE FEDERAL RAILROAD ADMINISTRATION FOR GRANTS TO
NATIONAL RAILROAD PASSENGER CORPORATION;
ACTIVITIES OF THE COMMITTEE FOR PURCHASE OF PRODUCTS AND
SERVICES OF THE BLIND AND OTHER SEVERELY HANDICAPPED; AND
ACTIVITIES OF THE COUNCIL ON INTERNATIONAL ECONOMIC POLICY.
(C) 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 UNDER TITLE XVI OF THE SOCIAL SECURITY ACT, AS
AMENDED; //86 STAT. 1465, 42 USC 1381.//
ACTIVITIES RELATED TO TERMINATING THE ECONOMIC STABILIZATION
PROGRAM;
ACTIVITIES OF THE VETERANS' ADMINISTRATION'S PROGRAM TO PROVIDE
REPRESENTATIVES ON COLLEGE CAMPUSES;
ACTIVITIES NECESSARY FOR STUDIES RELATED TO OIL AND GAS LEASING
ON THE OUTER CONTINENTAL SHELF; AND
ACTIVITIES NECESSARY TO RESPOND TO ENERGY-RELATED RIGHT-OF-WAY
REQUESTS ACROSS PUBLIC LANDS INCLUDING SUCH FEATURES AS OIL AND
GAS PIPELINES, POWER TRANSMISSION LINES, RAILROAD, AND TRAMROADS.
(D) SUCH AMOUNTS AS MAY BE NECESSARY FOR CONTINUING THE FOLLOWING
ACTIVITIES, BUT AT A RATE FOR OPERATIONS NOT IN EXCESS OF THE CURRENT
RATE--,
THE FOLLOWING ACTIVITIES FOR WHICH PROVISION WAS MADE IN THE
DEPARTMENTS OF LABOR AND HEALTH, EDUCATION, AND WELFARE
APPROPRIATIONS ACT, 1974, //87 STAT. 746.// THE SUPPLEMENTAL
APPROPRIATIONS ACT, 1974, OR THE SECOND SUPPLEMENTAL
APPROPRIATIONS ACT, 1974: //87 STAT. 1071.//
HEALTH PLANNING ACTIVITIES UNDER SECTION 314 OF THE PUBLIC
HEALTH SERVICE ACT, AS AMENDED; //42 USC 246.//
ACTIVITIES UNDER TITLES VI AND IX, AND SECTIONS 306, 309, 720,
792-794, 801, 805(B), 806, 810(D), AND 821(A) OF THE PUBLIC HEALTH
SERVICE ACT; //42 USC 291, 299, 242D, 242G, 293, 295H-L-295H-3,
296, 296D, 296E, 296I, 297.//
CONSTRUCTION UNDER SECTION 201 OF THE COMMUNITY MENTAL HEALTH
CENTERS ACT; //42USC 2681.//
ACTIVITIES UNDER THE DRUG ABUSE EDUCATION ACT; //21 USC 1001
NOTE.// TRAINING UNDER SECTION 707 OF THE SOCIAL SECURITY
ACT; //42 USC 908.// ACTIVITIES UNDER PART B OF THE
EDUCATION OF THE HANDICAPPED ACT; //20 USC 1411.//
NOTE.//
ACTIVITIES UNDER TITLES I, II, III, V, VIII, AND IX OF THE
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965, AS AMENDED: //20
USC 821 NOTE, 821, 841, 861, 881, 900.// PROVIDED, THAT
DISTRIBUTION OF FUNDS UNDER TITLE I SHALL BE BASED UPON THE
PROVISIONS CONTAINED IN TITLE I OF H.R. 69 AS PASSED BY THE
SENATE;
ACTIVITIES UNDER TITLE III OF THE NATIONAL DEFENSE EDUCATION
ACT OF 1958; //72 STAT. 1588; 86 STAT. 345. 20 USC 441.//
ACTIVITIES UNDER THE EMERGENCY SCHOOL AID ACT; //86 STAT.
354, 20 USC 1601 NOTE.// SCHOOL ASSISTANCE IN FEDERALLY
AFFECTED AREAS AUTHORIZED BY PUBLIC LAW 81 - 815 AND PUBLIC
LAW 81 - 874. //72 STAT. 548, 20 USC 631.//
ALL REMAINING ACTIVITIES EXCEPT TITLES I AND III (B) UNDER
ECONOMIC OPPORTUNITY ACT OF 1964, AS AMENDED; //64 STAT. 1100, 20
USC 236.//
ACTIVITIES OF THE NATIONAL COUNCIL ON INDIAN OPPORTUNITY;
ACTIVITIES UNDER PART A OF THE INDIAN EDUCATION ACT; //86 STAT.
334, 20 USC 241AA.// AND NOTWITHSTANDING THE FOURTH CLAUSE OF
SUBSECTION (B) OF THIS SECTION, 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 $100,000,000.
(E) APPLICABLE APPROPRIATIONS MADE BY THIS JOINT RESOLUTION SHALL BE
AVAILABLE IN SUCH AMOUNTS AS MAY BE NECESSARY FOR DEPARTMENTS, AGENCIES,
CORPORATIONS, AND OTHER ORGANIZATIONAL UNITS OF THE GOVERNMENT TO PAY
NOT IN EXCESS OF 90 PER CENTUM OF THE AMOUNT CONTAINED IN THE BUDGET
ESTIMATES FOR FISCAL YEAR 1975 OF THE FIRST QUARTER STANDARD LEVEL USER
CHARGES PURSUANT TO SECTION 210(J), OF THE FEDERAL PROPERTY AND
ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED (40 U.S.C. 490 (J)).
//86 STAT. 219.//
(F) 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 ARCHITECT OF THE CAPITOL, TO THE
EXTENT AND IN THE MANNER WHICH WOULD BE PROVIDED FOR IN THE BUDGET
ESTIMATES FOR FISCAL YEAR 1975.
(G) SUCH AMOUNT AS MAY BE NECESSARY FOR CONTINUING ACTIVITIES OF THE
PARLIAMENTARIAN OF THE HOUSE OF REPRESENTATIVES FOR COMPILING THE
PRECEDENTS OF THE HOUSE OF REPRESENTATIVES TO THE EXTENT AND IN THE
MANNER WHICH WOULD BE PROVIDED FOR IN THE BUDGET ESTIMATES FOR THE
FISCAL YEAR 1975.
(H) SUCH AMOUNT AS MAY BE NECESSARY FOR CONTINUING ACTIVITIES OF THE
SUBCOMMITTEE ON FISCAL POLICY OF THE JOINT ECONOMIC COMMITTEE TO THE
EXTENT AND MANNER AS PROVIDED IN THE LEGISLATIVE BRANCH APPROPRIATIONS
ACT, 1975, AS PASSED BY THE SENATE.
SEC. 102. APPROPRIATIONS AND FUNDS MADE AVAILABLE AND AUTHORITY
GRANTED PURSUANT TO THIS JOINT RESOLUTION SHALL BE AVAILABLE FROM JULY
1, 1974, 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)
SEPTEMBER 30, 1974, 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 SUBSECTION (D)(2) OF SECTION 3679 OF THE REVISED STATUTES, AS
AMENDED, //31 USC 665.// 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. EXCEPT AS PROVIDED IN SECTION 101(E) //ANTE, P. 284.// 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 FISCAL YEAR 1974.
SEC. 107. ANY APPROPRIATION FOR THE FISCAL YEAR 1975 REQUIRED TO BE
APPORTIONED PURSUANT TO SECTION 3679 OF THE REVISED STATUTES, //31 USC
665.// AS AMENDED, 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 SECTION
3679 OF THE REVISED STATUTES, AS AMENDED.
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 EXPENDED
TO AID OR ASSIST IN THE RECONSTRUCTION OF THE DEMOCRATIC REPUBLIC OF
VIETNAM (NORTH VIETNAM).
SEC. 110. NONE OF THE FUNDS HEREIN MADE AVAILABLE SHALL BE OBLIGATED
OR EXPENDED TO FINANCE DIRECTLY OR INDIRECTLY COMBAT ACTIVITIES BY
UNITED STATES MILITARY FORCES IN OR OVER OR FROM OFF THE SHORES OF NORTH
VIETNAM, SOUTH VIETNAM, LAOS, OR CAMBODIA.
SEC. 111. 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.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1119 (COMM. ON APPROPRIATIONS) AND NO. 93 -
1158 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 951 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 20, CONSIDERED AND PASSED HOUSE.
JUNE 24, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 27, HOUSE AND SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-323, 88 STAT 2800
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 U.S.C. APP.
2166(A)) //86 STAT. 390.// IS AMENDED BY STRIKING OUT "JUNE 30" AND
INSERTING IN LIEU THEREOF "JULY 30".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 24, CONSIDERED AND PASSED HOUSE.
JUNE 25, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-322, 88 STAT. 276, SPECIAL ENERGY RESEARCH AND
DEVELOPMENT APPROPRIATION 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, FOR ENERGY RESEARCH AND DEVELOPMENT ACTIVITIES OF CERTAIN
DEPARTMENTS, INDEPENDENT EXECUTIVE AGENCIES, BUREAUS, OFFICES, AND
COMMISSIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND FOR OTHER
PURPOSES, NAMELY:
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 SECTION 5901 - 5902,
UNITED STATES CODE, TITLE 5; //80 STAT. 508; 81 STAT. 206.// SERVICES
AS AUTHORIZED BY 5 U.S.C. 3109, //80 STAT. 416.// 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:
$54,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR NECESSARY EXPENSES OF THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION RELATING TO PROGRAMS AND OTHER ACTIVITIES IN RESEARCH AND
DEVELOPMENT, INCLUDING SERVICES AS AUTHORIZED BY 5 U.S.C. 3109,
,4,435,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR EXPENSES NECESSARY TO CARRY OUT THE PURPOSES OF THE NATIONAL
SCIENCE FOUNDATION ACT OF 1950, AS AMENDED (42 U.S.C. 1861 - 1875), //64
STAT. 149.// TITLE IX OF THE NATIONAL DEFENSE EDUCATION ACT OF 1958 (42
U.S.C. 1876 - 4879), //72 STAT. 1601; 82 STAT. 367.// INCLUDING AWARD
OF GRADUATE FELLOWSHIPS; SERVICES AS AUTHORIZED BY 5 U.S.C. 3109;
MAINTENANCE AND OPERATION OF AIRCRAFT AND PURCHASES OF FLIGHT SERVICES
FOR RESEARCH SUPPORT; HIRE OF PASSENGER MOTOR VEHICLES; NOT TO EXCEED
$2,200,000 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; $101,800,000, TO REMAIN AVAILABLE UNTIL EXPENDED, TO BE USED
FOR PROGRAMS AND OTHER ACTIVITIES IN SUPPORT OF ENERGY RELATED BASIC AND
APPLIED RESEARCH.
FOR EXPENSES RELATED TO THE ENERGY ACTIVITIES OF THE GEOLOGICAL
SURVEY, $43,125,000.
THE AMOUNT APPROPRIATED FOR THE GEOLOGICAL SURVEY SHALL BE AVAILABLE
FOR THE ACQUISITION OF ONE ADDITIONAL AIRCRAFT AND FOR CONTRACTING FOR
THE MAKING OF GEOPHYSICAL OR OTHER SPECIALIZED SURVEYS WHEN IT IS
ADMINISTRATIVELY DETERMINED THAT SUCH PROCEDURES ARE IN THE PUBLIC
INTEREST.
FOR EXPENSES NECESSARY TO ENABLE THE BUREAU OF MINES TO PERFORM
RESEARCH AND DEVELOPMENT PROGRAMS RELATING TO THE EXTRACTION,
PROCESSING, AND UTILIZATION OF ENERGY RESOURCES WITHOUT OBJECTIONABLE
SOCIAL AND ENVIRONMENTAL COSTS; TO FOSTER AND ENCOURAGE PRIVATE
ENTERPRISE IN THE DEVELOPMENT OF ENERGY RESOURCES; AND FOR OTHER
RELATED PURPOSES AS AUTHORIZED BY LAW; $142,298,000 OF WHICH
$103,500,000 SHALL REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT NO
PART OF THE SUM HEREIN APPROPRIATED SHALL BE USED FOR THE FIELD TESTING
OF NUCLEAR EXPLOSIVES IN THE RECOVERY OF OIL AND GAS.
THE SECRETARY IS AUTHORIZED TO ACCEPT LANDS, BUILDINGS, EQUIPMENT,
AND OTHER CONTRIBUTIONS FROM PUBLIC AND PRIVATE SOURCES AND TO PROSECUTE
PROJECTS IN COOPERATION WITH OTHER AGENCIES, FEDERAL, STATE, OR PRIVATE:
PROVIDED, THAT THE BUREAU OF MINES IS AUTHORIZED DURING THE CURRENT
FISCAL YEAR, TO SELL DIRECTLY OR THROUGH ANY GOVERNMENT AGENCY,
INCLUDING CORPORATIONS, ANY METAL OR MINERAL PRODUCT THAT MAY BE
MANUFACTURED IN PILOT PLANTS OPERATED BY THE BUREAU OF MINES, AND THE
PROCEEDS OF SUCH SALES SHALL BE COVERED INTO THE TREASURY AS
MISCELLANEOUS RECEIPTS.
FOR NECESSARY EXPENSES TO ENCOURAGE AND STIMULATE THE PRODUCTION AND
CONSERVATION OF COAL IN THE UNITED STATES THROUGH RESEARCH AND
DEVELOPMENT, AS AUTHORIZED BY LAW (30 U.S.C. 661 - 668),
//74 STAT. 336.// $261,278,000, TO REMAIN AVAILABLE UNTIL EXPENDED,
OF WHICH NOT TO EXCEED $6,541,000 SHALL BE AVAILABLE FOR ADMINISTRATION
AND SUPERVISION.
FOR NECESSARY EXPENSES TO ENABLE THE SECRETARY TO DISCHARGE HIS
RESPONSIBILITIES WITH RESPECT TO OIL AND GAS, INCLUDING COOPERATION WITH
THE PETROLEUM AND NATURAL GAS INDUSTRIES AND STATE AND LOCAL AUTHORITIES
IN THE PRODUCTION, PROCESSING, AND UTILIZATION OF PETROLEUM AND ITS
PRODUCTS, AND NATURAL GAS, $69,590,000, OF WHICH $10,000,000, TO REMAIN
AVAILABLE UNTIL EXPENDED, SHALL BE AVAILABLE FOR REIMBURSEMENT OF STATE
AND LOCAL PUBLIC AGENCIES AS AUTHORIZED BY PUBLIC LAW 93 - 275, SECTION
((D). //ANTE, P. 100.//
FOR NECESSARY EXPENSES TO SUPPORT ENERGY CONSERVATION RESEARCH, DATA
COLLECTION, AND ANALYSIS, $26,875,000.
SEC. 101. APPROPRIATIONS MADE IN THIS CHAPTER SHALL BE AVAILABLE FOR
OPERATION OF WAREHOUSES, GARAGES, SHOPS, AND SIMILAR FACILITIES,
WHEREVER CONSOLIDATION OF ACTIVITIES WILL CONTRIBUTE TO EFFICIENCY OR
ECONOMY, AND SAID APPROPRIATIONS SHALL BE REIMBURSED FOR SERVICES
RENDERED TO ANY OTHER ACTIVITY IN THE SAME MANNER AS AUTHORIZED BY THE
ACT OF JUNE 30, 1932 (31 U.S.C. 686): //47 STAT. 417.// PROVIDED, THAT
REIMBURSEMENTS FOR COSTS OF SUPPLIES, MATERIALS AND EQUIPMENT, AND FOR
SERVICES RENDERED MAY BE CREDITED TO THE APPROPRIATION CURRENT AT THE
TIME SUCH REIMBURSEMENTS ARE RECEIVED.
SEC. 102. APPROPRIATIONS MADE TO THE DEPARTMENT OF THE INTERIOR IN
THIS CHAPTER SHALL BE AVAILABLE FOR SERVICES AS AUTHORIZED BY 5 U.S.C.
3109, //80 STAT. 416.// WHEN AUTHORIZED BY THE SECRETARY; HIRE,
MAINTENANCE, AND OPERATION OF AIRCRAFT; HIRE OF PASSENGER MOTOR
VEHICLES; PURCHASE OF REPRINTS; PAYMENT FOR TELEPHONE SERVICE IN
PRIVATE RESIDENCES IN THE FIELD, WHEN AUTHORIZED UNDER REGULATIONS
APPROVED BY THE SECRETARY; AND THE PAYMENT OF DUES, WHEN AUTHORIZED BY
THE SECRETARY, FOR LIBRARY MEMBERSHIP IN SOCIETIES OR ASSOCIATIONS WHICH
ISSUE PUBLICATIONS TO MEMBERS ONLY OR AT A PRICE TO MEMBERS LOWER THAN
TO SUBSCRIBERS WHO ARE NOT MEMBERS.
SEC. 103. APPROPRIATIONS AVAILABLE TO THE DEPARTMENT OF THE INTERIOR
FOR SALARIES AND EXPENSES SHALL BE AVAILABLE FOR UNIFORMS OR ALLOWANCES
THEREFORE, AS AUTHORIZED BY LAW (5 U.S.C. 5901 - 5902 AND D. C. CODE 4
- 204). //80 STAT. 508; 81 STAT. 206. 43 STAT. 175.//
FOR NECESSARY OPERATING EXPENSES OF THE COMMISSION IN CARRYING OUT
THE PURPOSES OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, //68 STAT.
919, 42 USC 2011 NOTE.// INCLUDING THE EMPLOYMENT OF ALIENS; SERVICES
AUTHORIZED BY 5 U.S.C. 3109; HIRE, MAINTENANCE, AND OPERATION OF
AIRCRAFT; PUBLICATION AND DISSEMINATION OF ATOMIC INFORMATION;
PURCHASE, REPAIR, AND CLEANING OF UNIFORMS; REIMBURSEMENT OF THE
GENERAL SERVICES ADMINISTRATION FOR SECURITY GUARD SERVICES; HIRE OF
PASSENGER MOTOR VEHICLES; $1,032,690,000 AND ANY MONEYS (EXCEPT SUMS
RECEIVED FROM DISPOSAL OF PROPERTY UNDER THE ATOMIC ENERGY COMMUNITY ACT
OF 1955, AS AMENDED (42 U.S.C. 2301)) //69 STAT. 471.// RECEIVED BY THE
COMMISSION, NOTWITHSTANDING THE PROVISIONS OF SECTION 3617 OF THE
REVISED STATUTES (31 U.S.C. 484), TO REMAIN AVAILABLE UNTIL EXPENDED:
PROVIDED, THAT FROM THIS APPROPRIATION TRANSFERS OF SUMS MAY BE MADE TO
OTHER AGENCIES OF THE GOVERNMENT FOR THE PERFORMANCE OF THE WORK FOR
WHICH THIS APPROPRIATION IS MADE, AND IN SUCH CASES THE SUMS SO
TRANSFERRED MAY BE MERGED WITH THE APPROPRIATION TO WHICH TRANSFERRED:
PROVIDED FURTHER, THAT NO PART OF THE SUM HEREIN APPROPRIATED SHALL BE
USED FOR THE FIELD TESTING OF NUCLEAR EXPLOSIVES IN TEH RECOVERY OF OIL
AND GAS.
FOR EXPENSES OF THE COMMISSION, AS AUTHORIZED BY LAW, IN CONNECTION
WITH THE PURSHASE AND CONSTRUCTION OF PLANT AND THE ACQUISITION OF
CAPITAL EQUIPMENT AND OTHER EXPENSES INCIDENTAL THERETO NECESSARY IN
CARRYING OUT THE PURPOSES OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED,
//69 STAT. 919, 42 USC 2011 NOTE.// INCLUDING THE ACQUISITION OR
CONDEMNATION OF ANY REAL PROPERTY OR ANY FACILITY OR FOR PLANT OR
FACILITY ACQUISITION, CONSTRUCTION, OR EXPANSION; $453,970,000, TO
REMAIN AVAILABLE UNTIL EXPENDED.
FOR CONSTRUCTION AND ACQUISITION OF TRANSMISSION LINES, SUBSTATIONS,
AND APPURTENANT FACILITIES, AS AUTHORIZED BY LAW, $5,500,000, TO REMAIN
AVAILABLE UNTIL EXPENDED.
FOR NECESSARY EXPENSES OF RESEARCH AND DEVELOPMENT IN UNDERGROUND AND
OTHER ELECTRIC POWER TRANSMISSION, $8,498,000, TO REMAIN AVAILABLE UNTIL
EXPENDED.
FOR NECESSARY EXPENSES OF THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION TO REACTIVATE, EQUIP, AND OPERATE CERTAIN OCEANOGRAPHIC
RESEARCH VESSELS FOR THE PURPOSE OF CONDUCTING ASSESSMENTS OF
ENERGY-RELATED OFFSHORE ENVIRONMENTAL PROBLEMS ASSOCIATED WITH ENERGY
ACTIVITIES, $6,630,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR NECESSARY EXPENSES FOR CONDUCTING TRANSPORTATION PLANNING,
RESEARCH, AND DEVELOPMENT ACTIVITIES, INCLUDING THE COLLECTION OF
NATIONAL TRANSPORTATION STATISTICS, TO REMAIN AVAILABLE UNTIL EXPENDED,
$6,400,000.
FOR NECESSARY EXPENSES OF THE FEDERAL ENERGY OFFICE ESTABLISHED BY
EXECUTIVE ORDER NUMBERED 11748, //15 USC 754 NOTE.// DATED DECEMBER 4,
1973, INCLUDING HIRE OF PASSENGER MOTOR VEHICLES, REIMBURSEMENTS TO THE
EMERGENCY FUND OF THE PRESIDENT FOR ALLOCATIONS TO THE OFFICE, AND
SERVICES AS AUTHORIZED BY 5 U.S.C. 3109, //80 STAT. 416.// BUT AT RATES
FOR INDIVIDUALS NOT TO EXCEED THE PER DIEM EQUIVALENT OF THE RATE FOR
GRADE GS-18,
//5 USC 5332 NOTE.// $19,000,000: 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.
SEC. 201. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
REMAIN AVAILABLE FOR OBLIGATION BEYOND THE CURRENT FISCAL YEAR UNLESS
EXPRESSLY SO PROVIDED HEREIN.
SEC. 202. 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, //86 STAT. 219, 40
USC 490.// FOR SPACE AND SERVICES.
THIS ACT MAY BE CITED AS THE "SPECIAL ENERGY RESEARCH AND DEVELOPMENT
APPROPRIATION ACT, 1975".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1010 (COMM. ON APPROPRIATIONS) AND NO. 93 -
1123 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 903 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 30, CONSIDERED AND PASSED HOUSE.
JUNE 10, 12, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 24, HOUSE AND SENATE AGREED TO CONFERENCE REPORT;
RESOLVED AMENDMENTS IN DISAGREEMENT.
PUBLIC LAW 93-321, 88 STAT 275.
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 THE FISCAL YEAR ENDING JUNE 30, 1974, NAMELY:
FOR AN ADDITIONAL AMOUNT FOR COMPENSATION AND PENSIONS, $100,000,000,
TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR READJUSTMENT BENEFITS, $77,000,000, TO
REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR GENERAL OPERATING EXPENSES, $2,000,000.
LEGISLATIVE HISTORY:
HOUSE REPORT N. 93 - 1136 (COMM. ON APPROPRIATIONS).
SENATE REPORT NO. 93 - 963 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 24, CONSIDERED AND PASSED HOUSE.
JUNE 26, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-320, 88 STAT 266, COLORADO RIVER BASIN SALINITY CONTROL
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 "COLORADO RIVER BASIN SALINITY CONTROL ACT". //43 USC 1571
NOTE.//
SEC. 101. //43 USC 1571.// (A) THE SECRETARY OF THE INTERIOR,
HEREINAFTER REFERRED TO AS THE "SECRETARY", IS AUTHORIZED AND DIRECTED
TO PROCEED WITH A PROGRAM OF WORKS OF IMPROVEMENT FOR THE ENHANCEMENT
AND PROTECTION OF THE QUALITY OF WATER AVAILABLE IN THE COLORADO RIVER
FOR USE IN THE UNITED STATES AND THE REPUBLIC OF MEXICO, AND TO ENABLE
THE UNITED STATES TO COMPLY WITH ITS OBLIGATIONS UNDER THE AGREEMENT
WITH MEXICO AO AUGUST 30, 1973 (MINUTE NO.242 OF THE INTERNATIONAL
BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO), CONCLUDED
PURSUANT TO THE TREATY OF FEBRUARY 3, 1944 (TS 994), IN ACCORDANCE WITH
THE PROVISIONS OF THIS ACT. //TIAS 7708, 59 STAT. 1219.//
(B)(1) THE SECRETARY IS AUTHORIZED TO CONSTRUCT, OPERATE, AND
MAINTAIN A DESALTING COMPLEX, INCLUDING (1) A DESALTING PLANT TO REDUCE
THE SALINITY OF DRAIN WATER FROM THE WELLTON-MOHAWK DIVISION OF THE GILA
PROJECT, ARIZONA (HEREINAFTER REFERRED TO AS THE DIVISION), INCLUDING A
PRETREATMENT PLANT FOR SETTLING, SOFTENING, AND FILTRATION OF THE DRAIN
WATER TO BE DESALTED; (2) THE NECESSARY APPURTENANT WORKS INCLUDING THE
INTAKE PUMPING PLANT SYSTEM, PRODUCT WATERLINE, POWER TRANSMISSION
FACILITIES, AND PERMANENT OPERATING FACILITIES; (3) THE NECESSARY
EXTENSION IN THE UNITED STATES AND MEXICO OF THE EXISTING BYPASS DRAIN
TO CARRY THE REJECT STREAM FROM THE DESALTING PLANT AND OTHER DRAINAGE
WATERS TO THE SANTA CLARA SLOUGH IN MEXICO, WITH THE PART IN MEXICO,
SUBJECT TO ARRANGEMENTS MADE PURSUANT TO SECTION 101( D); (4)
REPLACEMENT OF THE METAL FLUME IN THE EXISTING MAIN OUTLET DRAIN
EXTENSION WITH A CONCRETE SIPHON; (5) REDUCTION OF THE QUANTITY OF
IRRIGATION RETURN FLOWS THROUGH ACQUISITION OF LANDS TO REDUCE THE SIZE
OF THE DIVISION, AND IRRIGATION EFFICIENCY IMPROVEMENTS TO MINIMIZE
RETURN FLOWS; (6) ACQUIRE ON BEHALF OF THE UNITED STATES SUCH LANDS OR
INTEREST IN LANDS IN THE PAINTED ROCK RESERVOIR AS MAY BE NECESSARY TO
OPERATE THE PROJECT IN ACCORDANCE WITH THE OBLIGATIONS OF MINUTE NO.
242, AND (7) ALL ASSOCIATED FACILITIES INCLUDING ROADS, RAILROAD SPUR,
AND TRANSMISSION LINES.
(2) THE DESALTING PLANT SHALL BE DESIGNED TO TREAT APPROXIMATELY ONE
HUNDRED AND TWENTY-NINE MILLION GALLONS A DAY OF DRAIN WATER USING
ADVANCED TECHNOLOGY COMMERCIALLY AVAILABLE. THE PLANT SHALL EFFECT
RECOVERY INITIALLY OF NOT LESS THAN 70 PER CENTUM OF THE DRAIN WATER AS
PRODUCT WATER, AND SHALL EFFECT REDUCTION OF NOT LESS THAN 90 PER CENTUM
OF THE DISSOLVED SOLIDS IN THE FEED WATER. THE SECRETARY SHALL USE
SOURCES OF ELECTRIC POWER SUPPLY FOR THE DESALTING COMPLEX THAT WILL NOT
DIMINISH THE SUPPLY OF POWER TO PREFERENCE CUSTOMERS FROM FEDERAL POWER
SYSTEMS OPERATED BY THE SECRETARY. ALL COSTS ASSOCIATED WITH THE
DESALTING PLANT SHALL BE NONREIMBURSABLE.
(C) REPLACEMENT OF THE REJECT STREAM FORM THE DESALTING PLANT AND OF
ANY WELLTON-MOHAWK DRAINAGE WATER BYPASSED TO THE SANTA CLARA SLOUGH TO
ACCOMPLISH ESSENTIAL OPERATION EXCEPT AT SUCH TIMES WHEN THERE EXISTS
SURPLUS WATER OF THE COLORADO RIVER UNDER THE TERMS OF THE MEXICAN WATER
TREATY OF 1944, //59 STAT. 1219.// IS RECOGNIZED AS A NATIONAL
OBLIGATION AS PROVIDED IN SECTION 202 OF THE COLORADO RIVER BASIN
PROJECT ACT (82 STAT. 895). //82 STAT. 887, 43 USC 1512.// STUDIES TO
IDENTIFY FEASIBLE MEASURES TO PROVIDE ADEQUATE REPLACEMENT WATER SHALL
BE COMPLETED NOT LATER THAN JUNE 30, 1980. SAID STUDIES SHALL BE
LIMITED TO POTENTIAL SOURCES WITHIN THE STATES OF ARIZONA, CALIFORNIA,
COLORADO, NEW MEXICO, AND THOSE PORTIONS OF NEVADA, UTAH, AND WYOMING
WHICH ARE WITHIN THE NATURAL DRAINAGE BASIN OF THE COLORADO RIVER.
MEASURES FOUND NECESSARY TO REPLACE THE REJECT STREAM FROM THE DESALTING
PLANT AND ANY WELLTON-MOHAWK DRAINAGE BYPASSED TO THE SANTA CLARA SLOUGH
TO ACCOMPLISH ESSENTIAL OPERATIONS MAY BE UNDERTAKEN INDEPENDENTLY OF
THE NATIONAL OBLIGATION SET FORTH IN SECTION 202 OF THE COLORADO RIVER
BASIN PROJECT ACT.
(D) THE SECRETARY IS HEREBY AUTHORIZED TO ADVANCE FUNDS TO THE UNITED
STATES SECTION, INTERNATIONAL BOUNDARY AND WATER COMMISSION (IBWC), FOR
CONSTRUCTION, OPERATION, AND MAINTENANCE BY MEXICO PURSUANT TO MINUTE
NO. 242 OF THAT PORTION OF THE BYPASS DRAIN WITHIN MEXICO. //TIAS
7708.// SUCH FUNDS SHALL BE TRANSFERRED TO AN APPROPRIATE MEXICAN
AGENCY, UNDER ARRNAGEMENTS TO BE CONCLUDED BY THE IBWC PROVIDING FOR THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF SUCH FACILITY BY MEXICO.
(E) ANY DESALTED WATER NOT NEEDED FOR THE PURPOSES OF THIS TITLE MAY
BE EXCHANGED AT PRICES AND UNDER TERMS AND CONDITIONS SATISFACTORY TO
THE SECRETARY AND THE PROCEEDS THEREFROM SHALL BE DEPOSITED IN THE
GENERAL FUND OF THE TREASURY. THE CITY OF YUMA, ARIZONA, SHALL HAVE
FIRST RIGHT OF REFUSAL TO ANY SUCH WATER.
(F) FOR THE PURPOSE OF REDUCING THE RETURN FLOWS FROM THE DIVISION TO
ONE HUNDRED AND SEVENTY-FIVE THOUSAND ACRE-FEET OR LESS, ANNUALLY, THE
SECRETARY IS AUTHORIZED TO:
(1) ACCELERATE THE COOPERATIVE PROGRAM OF IRRIGATION MANAGEMENT
SERVICES WITH THE WELLTON-MOHAWK IRRIGATION AND SERVICES WITH THE
WELLTON-MOHAWK IRRIGATION AND DRAINAGE DISTRICT, HEREINAFTER
REFERRED TO AS THE DISTRICT, FOR THE PURPOSE OF IMPROVING
IRRIGATION EFFICIENCY. THE DISTRICT SHALL BEAR ITS SHARE OF THE
COST OF SUCH PROGRAM AS DETERMINED BY THE SECRETARY.
(2) ACQUIRE, BY PURCHASE OR THROUGH EMINENT DOMAIN OR EXCHANGE,
TO THE EXTENT DETERMINED BY HIM TO BE APPROPRIATE, LANDS OR
INTERESTS IN LANDS TO REDUCE THE EXISTING SEVENTY-FIVE THOUSAND
DEVELOPED AND UNDEVELOPED IRRIGABLE ACRES AUTHORIZED BY THE ACT OF
JULY 30, 1947 (61 STAT. 628), KNOWN AS THE GILA REAUTHORIZATION
ACT. //43 USC 613.// THE INITIAL REDUCTION IN IRRIGABLE ACREAGE
SHALL BE LIMITED TO APPROXIMATELY TEN THOUSAND ACRES. IF THE
SECRETARY DETERMINES THAT THE IRRIGABLE ACREAGE OF THE DIVISION
MUST BE REDUCED BELOW SIXTY-FIVE THOUSAND ACRES OF IRRIGABLE LANDS
TO CARRY OUT THE PURPOSE OF THIS SECTION, THE SECRETARY IS
AUTHORIZED, WITH THE CONSENT OF THE DISTRICT, TO ACQUIRE
ADDITIONAL LANDS, AS MAY BE DEEMED BY HIM TO BE APPROPRIATE.
(G) THE SECRETARY IS AUTHOEIZED TO DISPOSE OF THE ACQUIRED LANDS AND
INTERESTS THEREIN ON TERMS AND CONDITIONS SATISFACTORY TO HIM AND
MEETING THE OBJECTIVE OF THIS ACT.
(H) THE SECRETARY IS AUTHORIZED, EITHER IN CONJUNCTION WITH OR IN
LIEU OF LAND ACQUISITION, TO ASSIST WATER USERS IN THE DIVISION IN
INSTALLING SYSTEM IMPROVEMENTS,SUCH AS DITCH LINING, CHANGE OF FIELD
LAYOUTS, AUTOMATIC EQUIPMENT, SPRINKLER SYSTEMS AND BUBBLER SYSTEMS, AS
A MEANS OF INCREASING IRRIGATION EFFICIENCIES: PROVIDED, HOWEVER, THAT
ALL COSTS ASSOCIATED WITH THE IMPROVEMENTS AUTHORIZED HEREIN AND
ALLOCATED TO THE WATER USERS ON THE BASIS OF BENEFITS RECEIVED, AS
DETERMINED BY THE SECRETARY, SHALL BY REIMBURSED TO THE UNITED STATES IN
AMOUNTS AND ON TERMS AND CONDITIONS SATISFACTORY TO THE SECRETARY.
(I) THE SECRETARY IS AUTHORIZED TO AMEND THE CONTRACT BETWEEN THE
UNITED STATES AND THE DISTRICT DATED MARCH 4, 1952, AS AMENDED, TO
PROVIDE THAT--,
(1) THE PORTION OF THE EXISTING REPAYMENT OBLIGATION OWING TO
THE UNITED STATES ALLOCABLE TO IRRIGABLE ACREAGE ELIMINATED FROM
THE DIVISION FOR THE PURPOSES OF THIS TITLE, AS DETERMINED BY THE
SECRETARY, SHALL BE NONREIMBURSABLE; AND
(2) IF DEEMED APPROPRIATE BY THE SECRETARY, THE DISTRICT SHALL
BE GIVEN CREDIT AGAINST ITS OUTSTANDING REPAYMENT OBLIGATION TO
OFFSET ANY INCREASE IN OPERATION AND MAINTENANCE ASSESSMENTS PER
ACRE WHICH MAY RESULT FROM THE DISTRICT'S DECREASED OPERATION AND
MAINTENANCE BASE, ALL AS DETERMINED BY THE SECRETARY.
(J) THE SECRETARY IS AUTHORIZED TO ACQUIRE THROUGH THE CORPS OF
ENGINEERS FEE TITLE TO, OR OTHER NECESSARY INTERESTS IN, ADDITIONAL
LANDS ABOVE THE PAINTED ROCK DAM IN ARIZONA THAT ARE REQUIRED FOR THE
TEMPORARY STORAGE CAPACITY NEEDED TO PERMIT OPERATION OF THE DAM AND
RESERVOIR IN TIMES OF SERIOUS FLOODING IN ACCORDANCE WITH THE
OBLIGATIONS OF THE UNITED STATES UNDER MINUTE NO. 242. //TIAS 7708.//
NO FUNDS SHALL BE EXPENDED FOR ACQUISITION OF LAND OR INTERESTS THEREIN
UNTIL IT IS FINALLY DETERMINED BY A FEDERAL COURT OF COMPETENT
JURISDICTION THAT THE CORPS OF ENGINEERS PRESENTLY LACKS LEGAL AUTHORITY
TO USE SAID LANDS FOR THIS PURPOSE. NOTHING CONTAINED IN THIS TITLE NOR
ANY ACTION TAKEN PURSUANT TO IT SHALL BE DEEMED TO BE A RECOGNITION OR
ADMISSION OF ANY OBLIGATION TO THE OWNERS OF SUCH LAND ON THE PART OF
THE UNITED STATES OR A LIMITATION OR DEFICIENCY IN THE RIGHTS OR POWERS
OF THE UNITED STATES WITH RESPECT TO SUCH LANDS OR THE OPERATION OF THE
RESERVOIR.
(K) TO THE EXTENT DESIRABLE TO CARRY OUT SECTIONS 101(F)(1) AND 101
(H), THE SECRETARY MAY TRANSFER FUNDS TO THE SECRETARY OF AGRICULTURE AS
MAY BE REQUIRED FOR TECHINICAL ASSISTANCE TO FARMERS, CONDUCT OF
RESEARCH AND DEMONSTRATIONS, AND SUCH RELATED INVESTIGATIONS AS ARE
REQUIRED TO ACHIEVE HIGHER ON-FARM IRRIGATION EFFICIENCIES.
(I) ALL COST ASSOCIATED WITH THE DESALTING COMPLEX HSHALL BE
NONREIMBURSABLE EXCEPT AS PROVIDED IN SECTIONS 101(F) AND 101(H).
SEC. 102. //43 USC 1572.// (A) TO ASSIST IN METTING SALINITY CONTROL
OBJECTIVES OF MINUTE NO. 242 DURING AN INTERIM PERIOD, THE SECRETARY IS
AUTHORIZED TO CONSTRUCT A NEW CONCRETE-LINED CANAL OR, TO LINE THE
PRESENTLY UNLINED PORTION OF THE COACHELLA CANAL OF THE BOULDER CANYON
PROJECT, CALIFORNIA, FROM STATION 2 PLUS 26 TO THE BEGINNING OF SIPHON
NUMBERED 7, A LENGTH OF APPROXIMATELY FORTY-NINE MILES. THE UNITED
STATES SHALL BE ENTITLED TO TEMPORARY USE OF A QUANTITY OF WATER, FOR
THE PURPOSE OF MEETING THE SALINITY CONTROL OBJECTIVES OF MINUTE NO.
242, DURING AN INTERIM PERIOD, EQUAL TO THE QUANTITY OF WATE CONSERVED
BY CONSTRUCTING OR LINING THE SAID CANAL. THE INTERIM PERIOD SHALL
COMMENCE ON COMPLETION OF CONSTRUCTION OR LINING SAID CANAL AND SHALL
END THE FIRST YEAR THAT THE SECRETARY DELIVERS MAIN STREAM COLORADO
RIVER WATER TO CALIFORNIA IN AN AMOUNT LESS THAB THE SUM OF THE
QUANTITIES REQUESTED BY (1) THE CALIFORNIA AGENCIES UNDER CONTRACTS MADE
PURSUANT TO SECTION 5 OF THE BOULDER CANYON PROJECT ACT (45 STAT. 1057),
//43 USC 617D.// AND (2) FEDERAL ESTABLISHMENTS TO MEET THEIR WATER
RIGHTS ACQUIRED IN CALIFORNIA IN ACCORDANCE WITH THE SUPREME COURT
DECREE IN ARIZONA AGAINST CALIFORNIA (376 U.S. 340).
(B) THE CHARGES FOR TOTAL CONSTRUCTION SHALL BE REPAYABLE WITHOUT
INTEREST IN EQUAL ANNUAL INSTALLMENTS OVER A PERIOD OF FORTY YEARS
BEGINNING IN THE YEAR FOLLOWING COMPLETION OF CONSTRUCTION: PROVIDED,
THAT, REPAYMENT SHALL BE PRORATED BETWEEN THE UNITED STATES AND THE
COACHELLA VALLEY COUNTY WATER DISTRICT, AND THE SECRETARY IS AUTHORIZED
TO ENTER INTO A REPAYMENT CONTRACT WITH COACHELLA VALLEY COUNTY WATER
DISTRICT FOR THAT PURPOSE. SUCH CONTRACT SHALL PROVIDE THAT ANNUAL
REPAYMENT ISSTALLMENTS SHALL BE NONREIMBURSABLE DURING THE INTERIM
PERIOD, DEFINED IN SECTION 102 (A) OF THIS TITLE AND SHALL PROVIDE THAT
AFTER THE INTERIM PERIOD, SAID ANNUAL REPAYMANT INSTALLMENTS OR PORTIONS
THEREOF, SHALL BE PAID BY COACHELLA VALLEY COUNTY WATER DISTRICT.
(C) THE SECRETARY IS AUTHORIZED TO ACQUIRE BY PURCHASE, EMINENT
DOMAIN, OR EXCHANGE PRIVATE LANDS OR INTERISTS THEREIN, AS MAY BE
DETERMINED BY HIM TO BE APPROPRIATE, WITHIN THE IMPERIAL IRRIGATION
DISTRICT ON THE IMPERIAL EAST MESA WHICH RECIEVE, OR WHICH HAVE BEEN
GRANTED RIGHTS TO RECIEVE, WATER FROM IMPERIAL IRRIGATION DISTRICT'S
CAPACITY IN THE COACHELLA CANAL. COSTS OF SUCH ACQUISITIONS SHALL BE
NONREIMBURSABLE AND THE SECRETARY SHALL RETURN SUCH LANDS TO THE PUBLIC
DOMAIN. THE UNITED STATES SHALL NOT ACQUIRE ANY WATER RIGHTS BY REASON
OF THIS LAND ACQUISITION.
(D) THE SECRETARY IS AUTHORIZED TO CREDIT IMPERIAL IRRIGATION
DISTRICT AGAINST ITS FINAL PAYMENTS FOR CERTAIN OUTSTANDING CONSTRUCTION
CHARGES PAYABLE TO THE UNITED STATES ON ACCOUNT OF CAPACITY TO BE
RELINQUISHED IN THE COACHELLA CANAL AS A RESULT OF THE CANAL LINING
PROGRAM, ALL AS DETERMINED BY THE SECRETARY: PROVIDED, THAT,
RELINQUISHMENT OF CAPACITY SHALL NOT AFFECT THE ESTABLISHED BASIS FOR
ALLOCATING OPERATION AND MAINTENANCE COSTS OF THE MAIN ALL-AMERICAN
CANAL TO EXISTING CONTRACTORS.
(E) THE SECRETARY IS AUTHORIZED AND DIRECTED TO CEDE THE FOLLOWING
LAND TO THE COCOPAH TRIBE OF INDIANS, SUBJECT TO RIGHTS-OF-WAY FOR
EXISTING LEVEES, TO BE HELD IN TRUST BY THE UNITED STATES FOR THE
COCOPAH TRIBE OF INDIANS:
TOWNSHIP 9 SOUTH, RANGE 25 WEST OF THE GILA AND SALT RIVER
MERIDIAN, ARIZONA;
SECTIONS 25: LOTS 18, 19, 20, 21, 22, AND 23;
SECTION 26: LOTS 1, 12, 13, 14, AND 15;
SECTION 27: LOT 3; AND ALL ACCRETION TO THE ABOVE DESCRIBED
LANDS.
THE SECRETARY IS AUTHORIZED AND DIRECTED TO CONSTRUCT THREE BRIDGES, ONE
OF WHICH SHALL BE CAPABLE OF ACCOMMODATING HEAVY VEHICULAR TRAFFIC, OVER
THE PORTION OF THE BYPASS DRAIN WHICH CROSSES THE RESERVATION OF THE
COCOPAH TRIBE OF INDIANS. THE TRANSFER OF LANDS TO THE COCOPAH INDIAN
RESERVATION AND THE CONSTRUCTION OF BRIDGES ACROSS THE BYPASS DRAIN
SHALL CONSTITUTE FULL AND COMPLETE PAYMENT TO SAID TRIBE FOR THE
RIGHTS-OF-WAY REQUIRED FOR CONSTRUCTION OF THE BYPASS DRAIN AND
ELECTRICAL TRANSMISSION LINES FOR WORKS AUTHORIZED BY THIS TITLE.
SEC. 103. //43 USC 1573.// (A) THE SECRETARY IS AUTHORIZED TO:
(1) CONSTRUCT, OPERATE, AND MAINTAIN, CONSISTENT WITH MINUTE
NO. 242, //TIAS 7708.// WELL FIELDS CAPABLE OF FURNISHING
APPROXIMATELY ONE HUNDRED AND SIXTY THOUSAND ACRE-FEET OF WATER
PER YEAR FOR USE IN THE UNITED STATES AND FOR DELIVERY TO MEXICO
IN SATISFACTION OF THE 1944 MEXICAN WATER TREATY. //59 STAT.
1219.//
(2) ACQUIRE BY PURCHASE, EMINENT DOMAIN, OR EXCHANGE, TO THE
EXTENT DETERMINED BY HIM TO BE APPROPRIATE, APPROXIMATELY
TWENTY-THREE THOUSAND FIVE HUNDRED ACRES OF LANDS OR INTERESTS
THEREIN WITHIN APPROXIMATELY FIVE MILES OF THE MEXICAN BORDER ON
THE YUMA MESA: PROVIDED, HOWEVER, THAT ANY SUCH LANDS WHICH ARE
PRESENTLY OWNED BY THE STATE OF ARIZONA MAY BE ACQUIRED OR
EXCHANGED FOR FEDERAL LANDS.
(3) ANY LANDS REMOVED FROM THE JURISDICTION OF THE YUMA MESA
IRRIGATION AND DRAINAGE DISTRICT PURSUANT TO CLAUSE (2) OF THIS
SUBSECTION WHICH WERE AVAILABLE FOR USE UNDER THE GILA
REAUTHORIZATION ACT (61 STAT. 628), //45 STAT. 1057, 43 USC
617D.// SHALL BE REPLACED WITH LIKE LANDS WITHIN OR ADJACENT TO
THE YUMA MESA DIVISION OF THE PROJECT. IN THE DEVELOPMENT OF
THESE SUBSTITUTED LANDS OR ANY OTHER LANDS WITHIN THE GILA
PROJECT, THE SECREATRY MAY PROVIDE FOR FULL UTILIZATION OF THE
GILA GRAVITY MAIN CANAL IN ADDITION TO CONTRACTED CAPACITIES.
(B) THE COST OF WORK PROVIDED FOR IN THIS SECTION, INCLUDING DELIVERY
OF WATER TO MEXICO, SHALL BE NONREIMBURSABLE; EXCEPT TO THE EXTENT THAT
THE WATERS FURNISHED ARE USED IN THE UNITED STATES.
SEC. 104. //43 USC 1574.// THE SECRETARY IS AUTHORIZED TO PROVIDE
FOR MODIFICATIONS OF THE PROJECTS AUTHORIZED BY THIS TITLE TO THE EXTENT
HE DETERMINES APPROPRIATE FOR PURPOSES OF MEETING THE INTERNATIONAL
SETTLEMENT OBJECTIVE OF THIS TITLE AT THE LOWEST OVERALL COST TO THE
UNITED STATES. NO FUNDS FOR ANY SUCH MODIFICATION SHALL BE EXPENDED
UNTIL THE EXPIRATION OF SIXTY DAYS AFTER THE PROPOSED MODIFICATION HAS
BEEN SUBMITTED TO THE APPROPRIATE COMMITTEES OF THE CONGRESS, UNLESS THE
CONGRESS APPROVES AN EARLIER DATE BY CONCURRENT RESOLUTION. THE
SECRETARY SHALL NOTIFY THE GOVERNORS OF THE COLORADO RIVER BASIN STATES
OF SUCH MODIFICATIONS.
SEC. 105. //43 USC 1575.// THE SECRETARY IS HEREBY AUTHORIZED TO
ENTER INTO CONTRACTS THAT HE DEEMS NECESSARY TO CARRY OUT THE PROVISIONS
OF THIS TITLE IN ADVANCE OF THE APPROPRIATION OF FUNDS THEREFOR. SEC.
106. //43 USC 1576.// IN CARRYING OUT THE PROVISIONS OF THIS TITLE, THE
SECRETARY SHALL CONSULT AND COOPERATE WITH THE SECRETARY OF STATE, THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, THE SECRETARY OF
AGRICULTURE, AND OTHER AFFECTED FEDERAL, STATE, AND LOCAL AGENCIES.
SEC. 107. //43 USC 1577.// NOTHING IN THIS ACT SHALL BE DEEMED TO
MODIFY THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969, //83 STAT. 852, 42
USC 4321 NOTE.// THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED,
//86 STAT. 816, 33 USC 1251 NOTE.// OR, EXCEPT AS EXPRESSLY STATED
HEREIN, THE PROVISIONS OF ANY OTHER FEDERAL LAW.
SEC. 108. //43 USC 1578.// THERE IS HEREBY AUTHORIZED TO BE
APPROPRIATED THE SUM OF $121,500,000 FOR THE CONSTRUCTION OF THE WORKS
AND ACCOMPLISHMENT OF THE PURPOSE AUTHORIZED IN SECTIONS 101 AND 102,
AND $34,000,000 TO ACCOMPLISH THE PURPOSES OF SECTION 103, BASED ON
APRIL 1973 PRICES PLUS OR MINUS SUCH AMOUNTS AS MAY BE JUSTITIED BY
REASON OF ORDINARY FLUCTUATIONS IN CONSTRUCTION COSTS INVOLVED THEREIN,
AND SUCH SUMS AS MAY BE REQUIRED TO OPERATE AND MAINTAIN SUCH WORKS AND
TO PROVIDE FOR SUCH MODIFICATIONS AS MAY BE MADE PURSUANT TO SECTION
104. THERE IS FURTHER AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE
NECESSARY TO PAY CONDEMNATION AWARDS IN EXCESS OF APPRAISED VALUES AND
TO COVER COSTS REQUIRED IN CONNECTION WITH THE UNIFORM RELOCATION
ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (PUBLIC
LAW 90 - 646). //84 STAT. 1894, 42 USC 4601 NOTE.//
SEC. 201. //43 USC 1591.// (A) THE SECRETARY OF THE INTERIOR SHALL
IMPLEMENT THE SALINITY CONTROL POLICY ADOPTED FOR THE COLORADO RIVER IN
THE "CONCLUSIONS AND RECOMMENDATIONS" PUBLISHED IN THE PROCEEDINGS OF
THE RECONVENED SEVENTH SESSION OF THE CONFERENCE IN THE MATTER OF
POLLUTION OF THE INTERSTATE WATERS OF THE COLORADO RIVER AND ITS
TRIBUTARIES IN THE STATES OF CALIFORNIA, COLORADO, UTAH, ARIZONA,
NEVADA, NEW MEXICO, AND WYOMING, HELD IN DENVER, COLORADO, ON APRIL 26 -
27, 1972, UNDER THE AUTHORITY OF SECTION 10 OF THE FEDERAL WATER
POLLUTION CONTROL ACT (33 U.S.C. 1160), //70 STAT. 506; 80 STAT.
1250.// AND APPROVED BY THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY ON JUNE 9, 1972.
(B) THE SECRETARY IS HEREBY DIRECTED TO EXPEDITE THE INVESTIGATION,
PLANNING, AND IMPLEMENTATION OF THE SALINITY CONTROL PROGRAM GENERALLY
AS DESCRIBED IN CHAPTER VI OF THE SECRETARY'S REPORT ENTITLED, "COLORADO
RIVER WATER QUALITY IMPROVEMENT PROGRAM, FEBRUARY 1972".
(C) IN CONFORMITY WITH SECTION 201 (A) OF THIS TITLE AND THE
AUTHORITY OF THE ENVIRONMENTAL PROTECTION AGENCY UNDER FEDERAL LAWS, THE
SECRETARY, THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, AND
THE SECRETARY OF AGRICULTURE ARE DIRECTED TO COOPERATE AND COORDINATE
THEIR ACTIVITIES EFFECTIVELY TO CARRY OUT THE OBJECTIVE OF THIS TITLE.
SEC. 202. // 43 USC 1592// THE SECRETARY IS AUTHORIZED TO CONSTRUCT,
OPERATE, AND MAINTAIN THE FOLLOWING SALINITY CONTROL UNITS AS THE
INITIAL STAGE OF THE COLORADO RIVER BASIN SALINITY CONTROL PROGRAM.
(1) THE PARADOX VALLEY UNIT, MONTROSE COUNTY, COLORADO, CONSISTING OF
FACILITIES FOR COLLECTION AND DISPOSITION OF SALINE GROUND WATER OF
PARADOX VALLEY, INCLUDING WELLS, PUMPS, PIPILINES, SOLAR EVAPORATION
PONDS, AND ALL NECESSARY APPURTENANT AND ASSOCIATED WORKS SUCH AS ROADS,
FENCES, DIKES, POWER TRANSMISSION FACILITIES, AND PERMANENT OPERATING
FACILITIES.
(2) THE GRAND VALLEY UNIT, COLORADO, CONSISTING OF MEASURES AND ALL
NECESSARY APPURTENANT AND ASSOCIATED WORDS TO REDUCE THE SEEPAGE OF
IRRIGATION WATER FROM THE IRRIGATED LANDS OF GRAND VALLEY INTO THE
GROUND WATER AND THENCE INTO THE COLORADO RIVER. MEASURES SHALL INCLUDE
LINING OF CANALS AND LATERALS, AND THE COMBINING OF EXISTING CANALS AND
LATERALS INTO FEWER AND MORE EFFICIENT FACILITIES. PRIOR TO INITIATION
OF CONSTRUCTION OF THE GRAND VALLEY UNIT THE SECRETARY SHALL ENTER INTO
CONTRACTS THROUGH WHICH THE AGENCIES OWNING, OPERATING, AND MAINTAINING
THE WATER DISTRIBUTION SYSTEMS IN GRAND VALLEY, SINGLY OR IN CONCERT,
WILL ASSUME ALL OBLIGATIONS RELATING TO THE CONTINUED OPERATION AND
MAINTENANCE OF THE UNIT'S FACILITIES TO THE END THAT THE MAXIMUM
REDUCTION OF SALINITY INFLOW TO THE COLORADO RIVER WILL BE ACHIEVED.
THE SECRETARY IS ALSO AUTHORIZED TO PROVIDE, AS AN ELEMENT OF THE GRAND
VALLEY UNIT, FOR A TECHNICAL STAFF TO PROVIDE INFORMATION AND ASSISTANCE
TO WATER USERS ON MEANS AND MEASURES FOR LIMITING EXCESS WATER
APPLICATIONS TO IRRIGATED LANDS: PROVIDED, THAT SUCH ASSISTANCE SHALL
NOT EXCEED A PERIOD OF FIVE YEARS AFTER FUNDS FIRST BECOME AVAILABLE
UNDER THIS TITLE. THE SECRETARY WILL ENTER INTO AGREEMENTS WITH THE
SECRETARY OF AGRICULTURE TO DEVELOP A UNIFIED CONTROL PLAN FOR THE GRAND
VALLEY UNIT. THE SECRETARY OF AGRICULTURE IS DIRECTED TO COOPERATE IN
THE PLANNING AND CONSTRUCTION OF ON-FARM SYSTEM MEASURES UNDER PROGRAMS
AVAILABLE TO THAT DEPARTMENT.
(3) THE CRYSTAL GEYSER UNIT, UTAH, CONSISTING OF FACILITIES FOR
COLLECTION AND DISPOSITION OF SALINE GEYSER DISCHARGES; INCLUDING
DIKES, PIPELINES, SOLAR EVAPORATION PONDS, AND ALL NECESSARY APPURTENANT
WORKS INCLUDING OPERATING FACILITIES.
(4) THE LAS VEGAS WASH UNIT, NEVADA, CONSISTING OF FACILITIES FOR
COLLECTION AND DISPOSITION OF SALINE GROUND WATER OF LAS VEGAS WASH,
INCLUDING INFILTRATION GALLERIES, PUMPS, DESALTER, PIPELINES, SOLAR
EVAPORATION FACILITIES, AND ALL APPURTENANT WORKS INCLUDING BUT NOT
LIMITED TO ROADS, FENCES,POWER TRANSMISSION FACILITIES, AND OPERATING
FACILITIES
SEC. 203. //43USC 1593.// (A) THE SECRETARY IS AUTHORIZED AND
DIRECTED TO--,
(1) EXPEDITE COMPLETION OF THE PLANNING REPORTS ON THE FOLLOWING
UNITS, DESCRIBED IN THE SECRETARY'S REPORT, "COLORADO RIVER WATER
QUALITY IMPROVEMENT PROGRAM, FEBRUARY 1972":
(I) IRRIGATION SOURCE CONTROL: LOWER GUNNISON UINTAH BASIN
COLORADO RIVER INDIAN RESERVATION PALO VERDE IRRIGATION DISTRICT
(II) POINT SOURCE CONTROL: LA VERKIN SPRINGS LITTLEFIELD
SPRINGS GLENWOOD-DOTSERO SPRINGS
(III) DIFFUSE SOURCE CONTROL: PRICE RIVER SAN RAFAEL RIVER
DIRTY DEVIL RIVER MCELMO CREEK BIG SANDY RIVER
(2) SUBMIT EACH PLANNING REPORT ON THE UNITS NAMED IN SECTION 203
(A)(1) OF THIS TITLE PROMPTLY TO THE COLORADO RIVER BASIN STATES AND TO
SUCH OTHER PARTIES AS THE SECRETARY DEEMS APPROPRIATE FOR THEIR REVIEW
AND COMMENTS. AFTER RECEIPT OF COMMENTS ON A UNIT AND CAREFUL
CONSIDERATION THEREOF, THE SECRETARY SHALL SUBMIT EACH FINAL REPORT WITH
HIS RECOMMENDATIONS, SIMULTANEOUSLY, TO THE PRESIDENT, OTHER CONCERNED
FEDERAL DEPARTMENTS AND AGENCIES, THE CONGRESS, AND THE COLORADO RIVER
BASIN STATES.
(B) THE SECRETARY IS DIRECTED--,
(1) IN THE INVESTIGATION, PLANNING, CONSTRUCTION, AND
IMPLEMENTATION OF ANY SALINITY CONTROL UNIT INVOLVING CONTROL OF
SALINITY FROM IRRIGATION SOURCES, TO COOPERATE WITH THE SECRETARY
OF AGRICULTURE IN CARRYING OUT RESEARCH AND DEMONSTRATION PROJECTS
AND IN IMPLEMENTING ON-THE-FARM IMPROVEMENTS AND FARM MANAGEMENT
PRACTICES AND PROGRAMS WHICH WILL FURTHER THE OBJECTIVE OF THIS
TITLE;
(2) TO UNDERTAKE RESEARCH ON ADDITIONAL METHODS FOR
ACCOMPLISHING THE OBJECTIVE OF THIS TITLE, UTILIZING TO THE
FULLEST EXTENT PRACTICABLE THE CAPABILITIES AND RESOURCES OF OTHER
FEDERAL DEPARTMENTS AND AGENCIES, INTERSTATE INSTITUTIONS, STATES,
AND PRIVATE ORGANIZATIONS.
SEC. 204. //43 USC 1594.// (A) THERE IS HEREBY CREATED THE COLORADO
RIVER BASIN SALINITY CONTROL ADVISORY COUNCIL COMPOSED OF NO MORE THAN
THREE MEMBERS FROM EACH STATE APPOINTED BY THE GOVERNOR OF EACH OF THE
COLORADO RIVER BASIN STATES.
(B) THE COUNCIL SHALL BE ADVISORY ONLY AND SHALL--,
(1) ACT AS LIAISON BETWEEN BOTH THE SECRETARIES OF INTERIOR AND
AGRICULTURE AND THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION
AGENCY AND THE STATES IN ACCOMPLISHING THE PURPOSES OF THIS TITLE;
(2) RECEIVE REPORTS FROM THE SECRETARY ON THE PROGRESS OF THE
SALINITY CONTROL PROGRAM AND REVIEW AND COMMENT ON SAID REPORTS;
AND
(3) RECOMMEND TO BOTH THE SECRETARY AND THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY APPROPRIATE STUDIES OF FURTHER
PROJECTS, TECHNIQUES, OR MITHODS FOR ACCOMPLISHING THE PURPOSES OF
THIS TITLE.
SEC. 205. //43 USC 1595.// (A) THE SECRETARY SHALL ALLICATE THE
TOTAL COSTS OF EACH UNIT OR SEPARATE FEATURE THEREOF AUTHORIZED BY
SECTION 202 OF THIS TITLE, AS FOLLOWS:
(1) IN RECOGNITION OF FEDERAL RESPONSIBILITY FOR THE COLORADO RIVER
AS AN INTERSTATE STREAM AND FOR INTERNATIONAL COMITY WITH MEXICO,
FEDERAL OWNERSHIP OF THE LANDS OF THE COLORADO RIVER BASIN FROM WHICH
MOST OF THE DISSOLVED SALTS ORIGINATE, AND THE POLICY EMBODIED IN THE
FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972 (86 STAT. 816),
//33USC 1251 NOTE.// 75 PER CENTUM OF THE TOTAL COSTS OF CONSTRUCTION,
OPERATION, MAINTENANCE, AND REPLACEMENT OF EACH UNIT OR SEPARABLE
FEATURE THEREOF SHALL BE NONREIMBURSABLE.
(2) TWENTY-FIVE PER CENTUM OF THE TOTAL COSTS SHALL BE ALLOCATED
BETWEEN THE UPPER COLORADO RIVER BASIN RUND ESTABLISHED BY SECTION 5(A)
OF THE COLORADO RIVER STORAGE PROJECT ACT (70 STAT. 107) // 43 USC
620D.// AND THE LOWER COLORADO RIVER BASIN DEVELOPMENT FUND ESTABLISHED
BY SECTION 403 (A) OF THE COLORADO RIVER BASIN PROJECT ACT (82 STAT.
895), //43 USC 1543.// AFTER CONSULTATION WITH THE ADVISORY COUNCIL
CREATED IN SECTION 204 (A) OF THIS TITLE AND CONSIDERATION OF THE
FOLLOWING ITEMS:
(I) BENEFITS TO BE DERIVED IN EACH BASIN FROM THE USE OF WATER
OF IMPROVED QUALITY AND THE USE OF WORKS FOR IMPROVED WATER
MANAGEMENT;
(II) CAUSES OF SALINITY; AND
(III) AVAILABILITY OF REVENUES IN THE LOWER COLORADO RIVER
BASIN DEVELOPMENT FUND AND INCREASED REVENUES TO THE UPPER
COLORADO RIVER BASIN FUND MADE AVAILABLE UNDER SECTION 205(D) OF
THIS TITLE: PROVIDED, THAT COSTS ALLOCATED TO THE UPPER COLORADO
RIVER BASIN FUND UNDER SECTION 205(A)(2) OF THIS TITLE SHALL NOT
EXCEED 15 PER CENTUM OF THE COSTS ALLOCATED TO THE UPPER COLORADO
RIVER BASIN FUND AND THE LOWER COLORADO RIVER BASIN DEVELOPMENT
FUND.
(3) COSTS OF CONSTRUCTION OF EACH UNIT OR SEPARABLE FEATURE THEREOF
ALLOCATED TO THE UPPER BASIN AND TO THE LOWER BASIN UNDER SECTION 205(
A)(2) OF THIS TITLE SHALL BE REPAID WITHIN A FIFTY-YEAR PERIOD WITHOUT
INTEREST FROM THE DATE SUCH UNIT OR SEPARABLE FEATURE THEREOF IS
DETERMINED BY THE SECRETARY TO BE IN OPERATION.
(B)(1) COSTS OF CONSTRUCTION, OPERATION, MAINTENANCE, AND REPLACEMENT
OF EACH UNIT OR SEAPRABLE FEATURE THEREOF ALLOCATED FOR REPAYMENT BY THE
LOWER BASIS UNDER SECTION 205(A)(2) OF THIS TITLE SHALL BE PAID IN
ACCORDANCE WITH SUBSECTION 205(B)(2) OF THIS TITLE, FROM THE LOWER
COLORADO RIVER BASIN DEVELOPMENT FUND.
(2) SECTION 403(G) OF THE COLORADO RIVER BASIN PROJECT ACT (82 STAT.
896) //43 USC 1543.// IS HEREBY AMENDED AS FOLLOWS: STRIKE THE WORD
"AND" AFTER THE WORD "ACT," IN LINE 8; INSERT AFTER THE WORD "ACT," THE
FOLLOWING "(2) FOR REPAYMENT TO THE GENERAL FUND OF THE TREASURY THE
COSTS OF EACH SALINITY CONTROL UNIT OR SEPARABLE FEATURE THEREOF PAYABLE
FROM THE LOWER COLORADO RIVER BASIN DEVELOPMENT FUND IN ACCORDANCE WITH
SECTIONS 205(A)(2), 205(A)(3), AND 205(B)(1) OF THE COLORADO RIVER
SALINITY CONTROL ACT AND"; CHANGE PARAGRAPH (2) TO PARAGRAPH (3).
(C) COSTS OF CONSTRUCTION, OPERATION, MAINTENANCE, AND REPLACEMENT OF
EACH UNIT OR SEPARABLE FEATURE THEREOF ALLOCATED FOR REPAYMENT BY THE
UPPER BASIN UNDER SECTION 205(A)(2) OF THIS TITLE SHALL BE PAID IN
ACCORDANCE WITH SECTION 205(D) OF THIS TITLE FROM THE UPPER COLORADO
RIVER BASIN FUND WITHIN THE LIMIT OF THE FUNDS MADE AVAILABLE UNDER
SECTION 205(E) OF THIS TITLE.
(D) SECTION 5(D) OF THE COLORADO RIVER STORAGE PROJECT ACT (70 STAT.
108) //43 USC 620D.// IS HEREBY AMENDED AS FOLLOWS: STRIKE THE WORD
"AND" AT THE END OF PARAGRAPH (3); STRIKE THE PERIOD AFTER THE WORD
"YEARS" AT THE END OF PARAGRAPH (4) AND INSERT A SEMICOLON IN LIEU
THEREOF FOLLOWED BY THE WORD "AND"; ADD A NEW PARAGRAPH (5) READING:
"(5) THE COSTS OF EACH SALINITY CONTROL UNIT OR SEPARABLE
FEATURE THEREOF PAYABLE FROM THE UPPER COLORADO RIVER BASIN FUND
IN ACCORDNACE WITH SECTIONS 205(A)(2), 205(A)(3), AND 205(C) OF
THE COLORADO RIVER SALINITY CONTROL ACT.".
(E) THE SECRETARY IS AUTHORIZED TO MAKE UPWARD ADJUSTMENTS IN RATES
CHARGED FOR ELECTRICAL ENERGY UNDER ALL CONTRACTS ADMINISTERED BY THE
SECRETARY UNDER THE COLORADO RIVER STORAGE PROJECT ACT (70 STAT. 105, 43
U.S.C. 620) AS SOON AS PRACTICABLE AND TO THE EXTENT NECESSARY TO COVER
THE COSTS OF CONSTRUCTION, OPERATION, MAINTENANCE, AND REPLACEMENT OF
UNITS ALLOCATED UNDER SECTION 205(A)(2) AND IN CONFORMITY WITH SECTION
205(A)(3) OF THIS TITLE: PROVIDED, THAT REVENUES DERIVED FROM SAID RATE
ADJUSTMENTS SHALL BE AVAILABLE SOLELY FOR THE CONSTRUCTION, OPERATION,
MAINTENANCE, AND REPLACEMENT OF SALINITY CONTROL UNITS IN THE COLORADO
RIVER BASIN HEREIN AUTHORIZED.
SEC. 206. //43 USC 1596.// COMMENCING ON JANUARY 1, 1975, AND EVERY
TWO YEARS THEREAFTER, THE SECRETARY SHALL SUBMIT, SIMULTANEOUSLY, TO THE
PRESIDENT, THE CONGRESS, AND THE ADVISORY COUNCIL CREATED IN SECTION
204(A) OF THIS TITLE, A REPORT ON THE COLORADO RIVER SALINITY CONTROL
PROGRAM AUTHORIZED BY THIS TITLE COVERING THE PROGRESS OF
INVESTIGATIONS, PLANNING, AND CONSTRUCTION OF SALINITY CONTROL UNITS FOR
THE PREVIOUS FISCAL TEAR, THE EFFECTIVENESS OF SUCH UNITS, ANTICIPATED
WORK NEEDED TO BE ACCOMPLISHED IN THE FUTURE TO MEET THE OBJECTIVES OF
THIS TITLE, WITH EMPHASIS ON THE NEEDS DURING THE FIVE YEARS IMMEDIATELY
FOLLOWING THE DATE OF EACH REPORT, AND ANY SPECIAL PROBLEMS THAT MAY BE
IMPEDING PROGRESS IN ATTAINING AN EFFECTIVE SALINITY CONTROL PROGRAM.
SAID REPORT MAY BE INCLUDED IN THE BIENNIAL REPORT ON THE QUALITY OF
WATER OF THE COLORADO RIVER BASIN PREPARED BY THE SECRETARY PURSUANT TO
SECTION 15 OF THE COLORADO RIVER STORAGE PROJECT ACT (70 STAT. 111; 43
U.S.C. 602N), SECTION 15 OF THE NAVAJO INDIAN IRRIGATION PROJECT, //43
USC 620N.// AND THE INITIAL STAGE OF THE SAN JUAN CHAMA PROJECT ACT (76
STAT. 102), AND //43 USC 615WW.// AND SECTION 6 OF THE
FRYINGPAN-ARKANSAS PROJECT ACT (76 STAT. 393).
SEC. 207. //43 USC 1597.// EXCEPT AS PROVIDED IN SECTION 205(B) AND
205(D) OF THIS TITLE, WITH RESPECT TO THE COLORADO RIVER BASIN PROJECT
ACT AND THE COLORADO RIVER STORAGE PROJECT ACT, RESPECTIVELY, NOTHING IN
THIS TITLE SHALL BE CONSTRUED TO ALTER, AMEND, REPEAL, MODIFY,
INTERPRET, OR BE IN IN CONFLICT WITH THE PROVISIONS OF THE COLORADO
RIVER COMPACT (45 STAT.1057), THE UPPER COLORADO RIVER BASIN COMPACT (63
STAT. 31), THE WATER TREATY OF 1944 WITH THE UNITED MEXICAN STATES
(TREATY SERIES 994; 59 STAT. 1219), THE DECREE ENTERED BY THE SUPREME
COURT OF THE UNITED STATES IN ARIZONA AGAINST CALIFORNIA AND OTHERS (376
U.S. 340), THE BOULDER CANYON PROJECT ACT (45 STAT. 1057), BOULDER
CANYON PROJECT ADJUSTMENT ACT ( 54 STAT. 774; 43 U.S.C. 618A), SECTION
15 OF THE COLORADO RIVER STORAGE PROJECT ACT (70 STAT. 111; 43 U.S.C.,
620N), THE COLORADO RIVER BASIN PROJECT ACT (82 STAT. 885), //43 USC
1501 NOTE.// SECTION 6 OF THE FRYINGPAN-ARKANSAS PROJECT ACT (76 STAT.
393), SECTION 15 OF THE NAVAJO INDIAN IRRIGATION PROJECT AND INITIAL
STAGE OF THE SAN JUAN-CHAMA PROJECT ACT (76 STAT. 102), THE NATIONAL
ENVIRONMENTAL POLICY ACT OF 1969, //83 STAT. 852, 42 USC 4321 NOTE.//
AND THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED. //86 STAT.
816, 33 USC 1251 NOTE.//
SEC. 208. //43 USC 1598.// (A) THE SECRETARY IS AUTHORIZED TO
PROVIDE FOR MODIFICATIONS OF THE PROJECTS AUTHORIZED BY THIS TITLE AS
DETERMINED TO BE APPROPRIATE FOR PURPOSES OF MEETING THE OBJECTIVE OF
THIS TITLE. NO FUNDS FOR ANY SUCH MODIFICATION SHALL BE EXPENDED UNTIL
THE EXPIRATION OF SIXTY DAYS AFTER THE PROPOSED MODIFICATION HAS BEEN
SUBMITTED TO APPROPRIATE COMMITTEES OF THE CONGRESS, AND NOT THEM IF
DISAPPROVED BY SAID COMMITTEES, EXCEPT THAT FUNDS MAY BE EXPENDED PRIOR
TO THE EXPIRATION OF SUCH SIXTY DAYS IN ANY CASE IN WHICH THE CONGRESS
APPROVES AN EARLIER DATE BY CONCURRENT RESOLUTION. THE GOVERNORS OF THE
COLORADO RIVER BASIN STATES SHALL BE NOTIFIED OF THESE CHANGES.
(B) THE SECRETARY IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS THAT
HE DEEMS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS TITLE, IN ADVANCE
OF THE APPROPRIATION OF FUNDS THEREFOR. THERE IS HEREBY AUTHORIZED TO
BE APPROPRIATED THE SUM OF $125,100,000 FOR THE CONSTRUCTION OF THE
WORKS AND FOR OTHER PURPOSES AUTHORIZED IN SECTION 202 OF THIS TITLE,
BASED ON APRIL 1973 PRICES, PLUS OR MINUS SUCH AMOUNTS AS MAY BE
JUSTIFIED BY REASON OF ORDINARY FLUCTUATIONS IN COSTS INVOLVED THEREIN,
AND SUCH SUMS AS MAY BE REQUIRED TO OPERATE AND MAINTAIN SUCH WORKS.
THERE IS FURTHER AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE
NECESSARY TO PAY CONDEMNATION AWARDS IN EXCESS OF APPRAISED VALUES AND
TO COVER COSTS REQUIRED IN CONNECTION WITH THE UNIFORM RELOCATION
ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 (PUBLIC
LAW 90 - 646). //84 STAT. 1894, 42 USC 4601 NOTE.// SEC. 209, //43 USC
1599.// AS USED IN THIS TITLE--,
(A) ALL TERMS THAT ARE DEFINED IN THE COLORADO RIVER COMPACT
SHALL HAVE THE MEANINGS THEREIN DEFINED;
(B) "COLORADO RIVER BASIN STATES" MEANS THE STATES OF ARIZONA,
CALIFORNIA, COLORADO, NEVADA, NEW MEXICO, UTAH, AND WYOMING.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1057 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
SENATE REPORT NO. 93 - 906 ACCOMPANYING S. 2940 (COMM. ON INTERIOR
AND INSULAR AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 11, CONSIDERED AND PASSED HOUSE.
JUNE 12, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF S.
2940.
JUNE 13, HOUSE CONCURRED IN SENATE AMENDMENT..
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 26:
JUNE 24, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-319, 88 STAT 246, ENERGY SUPPLY AND ENVIRONMENTAL
COORDINATION ACT OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
(A) THIS ACT, INCLUDING TH FOLLOWING TABLE OF CONTENTS, MAY BE CITED
AS THE "ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION ACT OF 1974". //15
USC 791 NOTE.//
(B) THE PURPOSES OF THIS ACT //15 USC 791.// ARE (1) TO PROVIDE FOR A
MEANS TO ASSIST IN MEETING THE ESSENTIAL NEEDS OF THE UNITED STATES FOR
FUELS, IN A MANNER WHICH IS CONSISTENT, TO THE FULLEST EXTENT
PRACTICABLE, WITH EXISTING NATIONAL COMMITMENTS TO PROTECT AND IMPROVE
THE ENVIRONMENT, AND (2) TO PROVIDE REQUIREMENTS FOR REPORTS RESPECTING
ENERGY RESOURCES.
(A) THE FEDERAL ENERGY ADMINISTRATOR--
(1) SHALL, BY ORDER, PROHIBIT ANY POWERPLANT, AND
(2) MAY, BY ORDER, PROHIBIT ANY MAJOR FUEL BURING INSTALLATION,
OTHER THAN A POWERPLANT,
FROM BURNING NATURAL GAS OR PETROLEUM PRODUCTS AS ITS PRIMARY ENERGY
SOURCE, IF THE FEDERAL ENERGY ADMINISTRATOR DETERMINES SUCH POWERPLANT
OR INSTALLATION ON THE DATE OF ENACTMENT OF THIS ACT HAS THE CAPABILITY
AND NECESSARY PLANT EQUIPMENT TO BURN COAL, AND IF THE REQUIREMENTS OF
SUBSECTION (B) ARE MET.
(B) THE REQUIREMENTS REFERRED TO IN SUBSECTION (A) ARE AS FOLLOWS:
(1) AN ORDER UNDER SUBSECTION (A) MAY NOT BE ISSUED WITH
RESPECT TO A POWERPLANT OR INSTALLATION UNLESS THE FEDERAL ENERGY
ADMINISTRATOR FINDS (A) THAT THE BURNING OF COAL BY SUCH PLANT OR
INSTALLATION, IN LIEU OF PETROLEUM PRODUCTS OR NATURAL GAS, IS
PRACTICABLE AND CONSISTENT WITH THE PURPOSES OF THIS ACT, (B) THAT
COAL AND COAL TRANSPORTATION FACILITIES WILL BE AVAILABLE DURING
THE PERIOD THE ORDER IS IN EFFECT, AND (C) IN THE CASE OF A
POWERPLANT, THAT THE PROBIBITION UNDER SUBSECTION (A) WILL NOT
IMPAIR THE RELIABILITY OF SERVICE IN THE AREA SERVED BY SUCH
PLANT. SUCH AN ORDER SHALL BE RESCINDED OR MODIFIED TO THE EXTENT
THE FEDERAL ENERGY ADMINISTRATOR DETERMINES THAT ANY REQUIREMENT
DESCRIBED IN SUBPARAGRAPH (A), (B), OR (C) OF THIS PARAGRAPH IS NO
LONGER MET; AND SUCH AN ORDER MAY AT ANY TIME BE MODIFIED IF THE
FEDERAL ENERGY ADMINISTRATOR DETERMINES THAT SUCH ORDER, AS
MODIFIED, COMPLIES WITH THE REQUIREMENTS OF THIS SECTION.
(2)(A) BEFORE ISSUING AN ORDER UNDER SUBSECTION (A) WHICH IS
APPLICABLE TO A POWERPLANT OR INSTALLATION FOR A PERIOD ENDING ON
OR BEFORE JUNE 30, 1975, THE FEDERAL ENERGY ADMINISTRATOR (I)
SHALL GIVE NOTICE TO THE PUBLIC AND AFFORD INTERESTED PERSONS AN
OPPORTUNITY FOR WRITTEN PRESENTATIONS OF DATA, VIEWS, AND
ARGUMENTS, (II) SHALL CONSULT WITH THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY, AND (III) SHALL TAKE INTO ACCOUNT
THE LIKELIHOOD THAT THE POWERPLANT OR INSTALLATION WILL BE
PERMITTED TO BURN COAL AFTER JUNE 30, 1975.
(B) AN ORDER DESCRIBED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH
SHALL NOT BECOME EFFECTIVE UNTIL THE DATE WHICH THE ADMINISTRATOR
OF THE ENVIRONMENTAL PROTECTION AGENCY CERTIFIES PURSUANT TO
SECTION 119(D)(1)(A) OF SUCH ACT IS THE EARLIEST DATE THAT SUCH
PLANT OR INSTALLATION WILL BE ABLE TO COMPLY WITH THE AIR
POLLUTION REQUIREMENTS WHICH WILL BE APPLICABLE TO IT. SUCH ORDER
SHALL NOT BE EFFECTIVE FOR ANY PERIOD CERTIFIED BY THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO
SECTION 119(D)(3) (B) OF SUCH ACT.
(3)(A) BEFORE ISSUING AN ORDER UNDER SUBSECTION (A) WHICH IS
APPLICABLE TO A POWERPLANT OR INSTALLATION AFTER JUNE 30, 1975 OR
MODIFYING AN ORDER TO WHICH PARAGRAPH (2) APPLIES, SO AS TO APPLY
SUCH ORDER TO A POWERPLANT OR INSTALLATION AFTER SUCH DATE), THE
FEDERAL ENERGY ADMINISTRATOR SHALL GIVE NOTICE TO THE PUBLIC AND
AFFORD INTERESTED PERSONS AN OPPORTUNITY FOR ORAL AND WRITTEN
PRESENTATIONS OF DATA, VIEWS, AND ARGUMENTS.
(B) AN ORDER (OR MODIFICATION THEREOF) DESCRIBED IN
SUBPARAGRAPH (A) OF THIS PARAGRAPH SHALL NOT BECOME EFFECTIVE
UNTIL (I) THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
NOTIFIES THE FEDERAL ENERGY ADMINISTRATOR UNDER SECTION 119(D)(1)
(B) OF THE CLEAN AIR ACT //POST, P. 248.// THAT SUCH PLANT OR
INSTALLATION WILL BE ABLE ON AND AFTER JULY 1, 1975, TO BURN COAL
AND TO COMPLY WITH ALL APPCILABLE AIR POLLUTION REQUIREMENTS
WITHOUT A COMPLIANCE DATE EXTENSION UNDER SECTION 119(C) OF SUCH
ACT, OR (II) IF SUCH NOTIFICATION IS NOT GIVEN, THE DATE WHICH THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY CERTIFIES
PURSUANT TO SECTION 119 (D)(1)(B) OF SUCH ACT IS THE EARLIEST DATE
THAT SUCH PLANT OR INSTALLATION WILL BE ABLE TO COMPLY WITH ALL
APPLICABLE REQUIREMENTS OF SUCH SECTION 119. SUCH ORDER (OR
MODIFICATION) SHALL NOT BE EFFECTIVE DURING ANY PERIOD CERTIFIED
BY THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY UNDER
SECTION 119(D)(3) (B) OF SUCH ACT.
(C) THE FEDERAL ENERGY ADMINISTRATOR MAY REQUIRE THAT ANY POWERPLANT
IN THE EARLY PLANNING PROCESS (OTHER THAN A COMBUSTION GAS TURBINE OR
COMBINED CYCLE UNIT) BE DESIGNED AND CONSTRUCTED SO AS TO BE CAPABLE OF
USING COAL AS ITS PRIMARY ENERGY SOURCE. NO POWERPLANT MAY BE REQUIRED
UNDER THIS SUBSECTION TO BE SO DESIGNED AND CONSTRUCTED, IF THE
ADMINISTRATOR DETERMINES THAT (1) TO DO SO IS LIKELY TO RESULT IN AN
IMPAIRMENT OF RELIABILITY OR ADEQUACY OF SERVICE, OR (2E AN ADEQUATE AND
RELIABLE SUPPLY OF COAL IS NOT EXPECTED TO BE AVAILABLE. IN CONSIDERING
WHETHER TO IMPOSE A DESIGN AND CONSTRUCTION REQUIREMENT UNDER THIS
SUBSECTION, THE FEDERAL ENERGY ADMINISTRATOR SHALL CONSIDER THE
EXISTENCE AND EFFECTS OF ANY CONTRACTUAL COMMITMENT FOR THE CONSTRUCTION
OF SUCH FACILITIES AND THE CAPABILITY OF THE OWNER TO RECOVER ANY
CAPITAL INVESTMENT MADE AS A RESULT OF ANY REQUIREMENT IMPOSED UNDER
THIS SUBSECTION.
(D) THE FEDERAL ENERGY ADMINISTRATOR MAY, BY RULE OR ORDER, ALLOCATE
COAL (1) TO ANY POWERPLANT OR MAJOR FUEL-BURNING INSTALLATION TO WHICH
AN ORDER UNDER SUBSECTION (A) HAS BEEN ISSUED, OR (2) TO ANY OTHER
PERSON TO THE EXTENT NECESSARY TO CARRY OUT THE PURPOSES OF THIS ACT.
(E) FOR PURPOSES OF THIS SECTION:
(1) THE TERM "POWERPLANT" MEANS A FOSSIL-FUEL FIRED ELECTRIC
GENERATING UNIT WHICH PRODUCES ELECTRIC POWER FOR PURPOSES OF SALE
OR EXCHANGE.
(2) THE TERM "COAL" INCLUDES COAL DERIVATIVES.
(F)(1) AUTHORITY TO ISSUE ORDERS OR RULES UNDER SUBSECTION (A)
THROUGH (D) OF THIS SECTION SHALL EXPIRE AT MIDNIGHT, JUNE 30, 1975.
SUCH A RULE OR ORDER MAY TAKE EFFECT AT ANY TIME BEFORE JANUARY 1, 1979.
(2) AUTHORITY TO AMEND, REPEAL, RESCIND, MODIFY, OR ENFORCE SUCH
RULES OR ORDERS SHALL EXPIRE AT MIDNIGHT, DECEMBER 31, 1978; BUT THE
EXPIRATION OF SUCH AUTHORITY SHALL NOT AFFECT ANY ADMINISTRATIVE OR
JUDICIAL PROCEEDING WHICH RELATES TO ANY ACT OR OMISSION WHICH OCCURRED
PRIOR TO JANUARY 1, 1979.
TITLE I OF THE CLEAN AIR ACT //81 STAT. 485, 42 USC 1857.// IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION:
"ENERGY-RELATED AUTHORITY
"SEC. 119. //42 USC 1857C-10.// (A) FOR PURPOSES OF THIS SECTION:
"(1) THE TERM 'STATIONARY SOURCE FUEL OR EMISSION LIMITATION
MEANS ANY EMISSION LIMITATION, SCHEDULE OR TIMETABLE OF
COMPLIANCE, OR OTHER REQUIREMNT, WHICH IS PRESCRIBED UNDER THIS
ACT (OTHER THAN THIS SECTION, OR SECTION 111(B), 112, OR 303) OR
CONTAINED IN AN APPLICABLE IMPLEMENTATION PLAN (OTHER THAN A
REQUIREMENT IMPOSED UNDER AUTHORITY DESCRIBED IN SECTION 110(A)
(2)(F)(V)), AND WHICH LIMITS, OR IS DESIGNED TO LIMIT, STATIONARY
SOURCE EMMISSIONS RESULTING FROM COMBUSTION OF FUELS, INCLUDING A
PROHIBITION ON, OR SPECIFICATION OF, THE USE OF ANY FUEL OF ANY
TYPE, GRADE, OR POLLUTION CHARACTERISTIC.
"(2) THE TERM 'AIR POLLUTION REQUIREMENT' MEANS ANY EMISSION
LIMITATION, SCHEDULE OR TIMETABLE FOR COMPLIANCE, OR OTHER
REQUIREMENT, WHICH IS PRESCRIBED UNDER ANY FEDERAL, STATE, OR
LOCAL LAW OR REGULATION, INCLUDING THIS ACT (EXCEPT FOR ANY
REQUIREMENT PRESCRIBED UNDER SUBSECTION (C) OR (D) OF THIS
SECTION, SECTION 110(A)(2)(F)(V), OR SECTION 303), AND WHICH
LIMITS STATIONARY SOURCE EMISSIONS RESULTING FROM COMBUSTION OF
FUELS (INCLUDING A PROHIBITION ON, OR SPECIFICATION OF, THE USE OF
ANY FUEL OF ANY TYPE, GRADE, OR POLLUTION CHARACTERISTIC).
"(3) THE TERMS 'STATIONARY SOURCE' AND 'SOURCE' HAVE THE SAME
MEANING AS THE TERM 'STATIONARY SOURCE' HAS UNDER SECTION 111(A)
(3); EXCEPT THAT SUCH TERMS INCLUDE ANY OWNER OR OPERATOR (AS
DEFINED IN SECTION 111(A)(5)) OF SUCH SOURCE.
"(4) THE TERM 'COAL' INCLUDES COAL DERIVATIVES.
"(5) THE TERM 'PRIMARY STANDARD CONDITION' MEANS A LIMITATION,
REQUIREMENT, OR OTHER MEASURE, PRESCRIBED BY THE ADMINISTRATOR
UNDER SUBSECTION (D)(2)(A) OF THIS SECTION.
"(6) THE TERM 'REGIONAL LIMITATION' MEANS THE REQUIREMENT OF
SUBSECTION (C)(2)(D) OF THIS SECTION.
"(B)(1)(A) THE ADMINISTRATOR MAY, FOR ANY PERIOD BEGINNING ON OR
AFTER THE DATE OF ENACTMENT OF THIS SECTION AND ENDING ON OR BEFORE JUNE
30, 1975, TEMPORARILY SUSPEND ANY STATIONARY SOURCE FUEL OR EMMISSION
LIMITATION AS IT APPLIES TO ANY PERSON--,
"(I) IF THE ADMINISTRATOR FINDS THAT SUCH PERSON WILL BE UNABLE
TO COMPLY WITH ANY SUCH LIMITATION DURING SUCH PERIOD SOLELY
BECAUSE OF UNAVAILABILITY OF TYPES OR AMOUNTS OF FUELS (UNLESS
SUCH UNAVAILABILITY RESULTS FROM AN ORDER UNDER SECTION 2(A) OF
THE ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION ACT OF 1974), OR
"(II) IF SUCH PERSON IS A SOURCE WHICH IS DESCRIBED IN
SUBSECTION (C)(1)(A) OR (B) OF THIS SECTION AND WHICH HAS
CONVERTED TO COAL, AND THE ADMINISTRATOR FINDS THAT THE SOURCE
WILL BE ABLE TO COMPLY DURING THE PERIOD OF THE SUSPENSION WITH
ALL PRIMARY STANDARD CONDITIONS WHICH WILL BE APPLICABLE TO SUCH
SOURCE.
ANY SUSPENSION UNDER THIS PARAGRAPH, THE IMPOSITION OF ANY INTERIM
REQUIREMENT ON WHICH SUCH SUSPENSION IS CONDITIONED UNDER PARAGRAPH (3)
OF THIS SUBSECTION, AND THE IMPOSITION OF ANY PRIMARY STANDARD CONDITION
WHICH RELATES TO SUCH SUSPENSION, SHALL BE EXEMPTED FROM ANY PROCEDURAL
REQUIREMENTS SET FORTH IN THIS ACT OR IN ANY OTHER PROVISION OF FEDERAL,
STATE, OR LOCAL LAW; EXCEPT AS PROVIDED IN SUBPARAGRAPH (B) OF THIS
PARAGRAPH.
"(B) THE ADMINISTRATOR SHALL GIVE NOTICE TO THE PUBLIC AND AFFORD
INTERESTED PERSONS AN OPPORTUNITY FOR WRITTEN AND ORAL PRESENTATIONS OF
DATA, VIEWS, AND ARGUMENTS PRIOR TO ISSUING A SUSPENSION UNDER
SUBPARAGRAPH (A), OR DENYING AN APPLICATION FOR SUCH A SUSPENSION,
UNLESS OTHERWISE PROVIDED BY THE ADMINISTRATOR FOR GOOD CAUSE FOUND AND
PUBLISHED IN THE FEDERAL REGISTER. IN ANY CASE, BEFORE ISSUING SUCH A
SUSPENSION, HE SHALL GIVE ACTUAL NOTICE TO THE GOVERNOR OF THE STATE IN
WHICH THE AFFECTED SOURCE OR SOURCES ARE LOCATED, AND TO APPROPRIATE
LOCAL GOVERNMENTAL OFFICIALS (AS DETERMINED BY THE ADMINISTRATOR). THE
ISSUING OR DENIAL OF SUCH A SUSPENSION, THE IMPOSITION OF AN INTERIM
REQUIREMENT, AND THE IMPOSITION OF ANY PRIMARY STANDARD CONDITION SHALL
BE SUBJECT TO JUDICIAL REVIEW ONLY ON THE GROUNDS SPECIFIED IN PARAGRAPH
(2)(B), (2)(C), OR (2)(D), OF SECTION 706 OF TITLE 5, UNITED STATES
CODE, //80 STAT. 393.// AND SHALL NOT BE SUBJECT TO ANY PROCEEDING UNDER
SECTION 304(A)(2) OR 307 (B) AND (C) OF THIS ACT. //84 STAT. 1705, 42
USC 1857H-2, 1857H-5.//
"(2) IN ISSUING ANY SUSPENSION UNDER PARAGRAPH (1), THE ADMINISTRATOR
IS AUTHORIZED TO ACT ON HIS OWN MOTION OR UPON APPLICATION BY ANY PERSON
(INCLUDING A PUBLIC OFFICER OR PUBLIC AGENCY).
"(3) ANY SUSPENSION UNDER PARAGRAPH (1) SHALL BE CONDITIONED UPON
COMPLIANCE WITH SUCH INTERIM REQUIREMENTS AS THE ADMINISTRATOR
DETERMINES ARE REASONABLE AND PRACTICABLE. SUCH INTERIM REQUIREMENTS
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, (A) A REQUIREMENT THAT THE
PERSONS RECEIVING THE SUSPENSION COMPLY WITH SUCH REPORTING REQUIERMENTS
AS THE ADMINISTRATOR DETERMINES MAY BE NECESSARY, (B) SUCH MEASURES AS
THE ADMINISTRATOR DETERMINES ARE NECESSARY TO AVOID AN IMMINENT AND
SUBSTANTIAL ENDANGERMENT TO HEALTH OF PERSONS, AND (C) IN THE CASE OF A
SUSPENSION UNDER PARAGRAPH (1)(A)(I), REQUIREMENTS THAT THE SUSPENSION
SHALL BE INAPPLICABLE DURING ANY PERIOD DURING WHICH FUELS WHICH WOULD
ENABLE COMPLIANCE WITH THE SUSPENDED STATIONARY SOURCE FUEL OR EMISSION
LIMITATIONS ARE IN FACT REASONABLY AVAILABLE (AS DETERMINED BY THE
ADMINISTRATOR) TO SUCH PERSON.
"(C)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
ADMINISTRATOR SHALL ISSUE A COMPLIANCE DATE EXTENSION TO ANY
FUEL-BURNING STATIONARY SOURCE--,
"(A) WHICH IS PROHIBITED FROM USING PETROLEUM PRODUCTS OR
NATURAL GAS BY REASON OF AN ORDER WHICH IS IN EFFECT UNDER SECTION
2 (A) AND (B) OF THE ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION
ACT OF 1974, OR
"(B) WHICH THE ADMINISTRATOR DETERMINES BEGAN CONVERSION TO THE
USE OF COAL AS ITS PRIMARY ENERGY SOURCE DURING THE PERIOD
BEGINNING ON SEPTEMBER 15, 1973, AND ENDING ON MARCH 15, 1974,
AND WHICH, ON OR AFTER SEPTEMBER 15, 1973, CONVERTS TO THE USE OF COAL
AS ITS PRIMARY ENERGY SOURCE. IF A COMPLIANCE DATE EXTENSION IS ISSUED
TO A SOURCE, SUCH SOURCE SHALL NOT, UNTIL JANUARY 1, 1979, BE
PROHIBITED, BY REASON OF THE APPLICATION OF ANY AIR POLLUTION
REQUIREMENT, FROM BURNING COAL WHICH IS AVAILABLE TO SUCH SOURCE, EXCEPT
AS PROVIDED IN SUBSECTION (D)(3). FOR PURPOSES OF THIS PARAGRAPH, THE
TERM 'BEGAN CONVERSION' MEANS ACTION BY THE SOURCE FURING THE PERIOD
BEGINNING ON SEPTEMBER 15, 1973, AND ENDING ON MARCH 15, 1974 (SUCH AS
ENTERING INTO A CONTRACT BINDING ON SUCH SOURCE FOR OBTAINING COAL, OR
EQUIPMENT OR FACILITIES TO BURN COAL; EXPANDING SUBSTANTIAL SUMS TO
PERMIT SUCH SOURCE TO BURN COAL; OR APPLYING FOR AN AIR POLLUTION
VARIANCE TO ENABLE SUCH SOURCE TO BURN COAL) WHICH THE ADMINISTRATOR
FINDS EVIDENCES A DECISION (MADE PRIOR TO MARCH 15, 1974) TO CONVERT TO
BURNING COAL AS A RESULT OF THE UNAVAILABILITY OF AN ADEQUATE SUPPLY OF
FUELS REQUIRED FOR COMPLIANCE WITH THE APPLICABLE IMPLEMENTATION PLAN,
AND A GOOD FAITH EFFORT TO EXPEDITIOUSLY CARRY OUT SUCH DECISION.
"(2) (A) A COMPLIANCE DATE EXTENSION UNDER PARAGRAPH (1) OF THIS
SUBSECTION MAY BE ISSUED TO A SOURCE ONLY IF--,
(I) THE ADMINISTRATOR FINDS THAT SUCH SOURCE WILL NOT ABLE TO
BURN COAL WHICH IS AVAILABLE TO SUCH SOURCE IN COMPLIANCE WITH ALL
APPLICABLE AIR POLLUTION REQUIREMENTS WITHOUT A COMPLIANCE DATE
EXTENSION,
(II) THE ADMINISTRATOR FINDS THAT THE SOURCE WILL BE ABLE
DURING THE PERIOD OF THE COMPLIANCE DATE EXTENSION TO COMPLY WITH
ALL THE PRIMARY STANDARD CONDITIONS WHICH ARE REQUIRED UNDER
SUBSECTION (D)(2) TO BE APPLICABLE TO SUCH SOURCE, AND WITH THE
REGIONAL LIMITATION IF APPLICABLE TO SUCH SOURCE, AND
(III) THE SOURCE HAS SUBMITTED TO THE ADMINISTRATOR A PLAN FOR
COMPLINACE FOR SUCH SOURCE WHICH THE ADMINISTRATOR HAS APPROVED.
A PLAN SUBMITTED UNDER CLAUSE (III) OF THE PRECEDING SENTENCE SHALL BE
APPROVED ONLY IF IT MEETS THE REQUIREMENTS OF REGULATIONS PRESCRIBED
UNDER SUBPARAGRAPH (B). THE ADMINISTRATOR SHALL APPROVE OR DISAPPROVE
ANY SUCH PLAN WITHIN 60 DAYS AFTER SUCH PLAN IS SUBMITTED.
"(B) NOT LATER THAN 90 DAYS AFTER THE DATE OF ENACTMENT OF THIS
SECTION, THE ADMINISTRATOR SHALL PRESCRIBE REGULATIONS REQUIRING THAT
ANY SOURCE TO WHICH A COMPLIANCE DATE EXTENSION APPLIES SUBMIT AND
OBTAIN APPROVAL OF ITS MEANS FOR AND SCHEDULE OF COMPLIANCE WITH THE
REQUIREMENTS OF SUBPARAGRAPH (C) OF THIS PARAGRAPH. SUCH REGULATIONS
SHALL INCLUDE REQUIREMENTS THAT SUCH SCHEDULES SHALL INCLUDE DATES BY
WHICH ANY SUCH SOURCE MUST--,
"(I) ENTER INTO CONTRACTS (OR OTHER OBLIGATIONS ENFORCEABLE
AGAINST SUCH SOURCE) WHICH THE ADMINISTRATOR HAS APPROVED AS BEING
ADEQUATE TO PROVIDE FOR OBTAINING A LONG-TERM SUPPLY OF COAL WHICH
ENABLES SUCH SOURCE TO ACHIEVE THE EMMISSION REDUCTION REQUIRED BY
SUBPARAGRAPH (C), OR
"(II) IF COAL WHICH ENABLES SUCH SOURCE TO ACHIEVE SUCH
EMISSION REDUCTION IS NOT AVAILABLE TO SUCH SOURCE, ENTER INTO
CONTRACTS (OR OTHER OBLIGATIONS ENFORCEABLE AGAINST SUCH SOURCE)
WHICH THE ADMINISTRATOR HAS APPROVED AS BEING ADEQUATE TO PROVIDE
FOR OBTAINING (I) A LONG-TERM SUPPLY OF OTHER COAL, AND (II)
CONTINUOUS EMISSION REDUCTION SYSTEMS NECESSARY TO PERMIT SUCH
SOURCE TO BURN SUCH COAL, AND TO ACHIEVE THE DEGREE OF EMISSION
REDUCTION REQUIRED BY SUBPARAGRAPH (C).
REGULATIONS UNDER THIS SUBPARAGRAPH SHALL PROVIDE THAT CONTRACTS OR
OTHER OBLIGATIONS REQUIRED TO BE APPROVED UNDER THIS SUBPARAGRAPH MUST
BE APPROVED BEFORE THEY ARE ENTERED INTO (EXCEPT THAT A CONTRACT OR
OBLIGATION WHICH WAS ENTERED INTO BEFORE THE DATE OF ENACTMENT OF THIS
SECTION MAY BE APPROVED AFTER SUCH DATE).
"(C) REGULATIONS UNDER SUBPARAGRAPH (B) SHALL REQUIRE THAT THE SOURCE
ACHIEVE THE MOST STRINGENT DEGREE OF EMISSION REDUCTION THAT SUCH SOURCE
WOULD HAVE BEEN REQUIRED TO ACHIEVE UNDER THE APPLICALBE IMPLEMENTATION
PLAN WHICH WAS IN EFFECT ON THE DATE OF SUBMITTAL (UNDER SUBPARAGRAPH
(B) OF THIS PARAGRAPH) OF THE MEANS FOR AND SCHEDULE OF COMPLIANCE (OR
IF NO APPLICABLE IMPLEMENTATION PLAN WAS IN EFFECT ON SUCH DATE, UNDER
THE FIRST APPLICABLE IMPLEMENTATION PLAN WHICH TAKES EFFECT AFTER SUCH
DATE)9 SUCH DEGREE OF EMISSION REDUCTION SHALL BE ACHIEVED AS SOON AS
PRACTICABLE, BUT NOT LATER THAN DECEMBER 31, 1978; EXCEPT THAT, IN THE
CASE OF A SOURCE FOR WHICH A CONTINUOUS EMMISSION REDUCTION SYSTEM IS
REQUIRED FOR SULFUR-RELATED EMISSIONS, REDUCTION OF SUCH EMISSIONS SHALL
BE ACHIEVED ON A DATE DESIGNATED BY THE ADMINISTRATOR (BUT NOT LATER
THAN JANUARY 1, 1979). SUCH REGULATIONS SHALL ALSO INCLUDE SUCH INTERIM
REQUIREMENTS AS THE ADMINISTRATOR DETERMINES ARE REASONABLE AND
PRACTICABLE, INCLUDING REQUIREMENTS DESCRIBED IN SUBPARAGRAPHS (A) AND
(B) OF SUBSECTION (B)(3) AND REQUIREMENTS TO FILE PROGRESS REPORTS.
"(D) A SOURCE WHICH IS ISSUED A COMPLIANCE DATE EXTENSION UNDER THIS
SUBSECTION, AND WHICH IS LOCATED IN AN AIR QUALITY CONTROL REGION IN
WHICH A NATIONAL PRIMARY AMBIENT AIR QUALITY STANDARD FOR AN AIR
POLLUTANT IS NOT BEING MET, MAY NOT EMIT SUCH POLLUTANT IN AMOUNTS WHICH
EXCEED ANY EMISSION LIMITATION (AND MAY NOT VIOLATE ANY OTHER
REQUIREMENT) WHICH APPLIES TO SUCH SOURCE, UNDER THE APPLICABLE
IMPLEMENTATION PLAN FOR SUCH POLLUTANT. FOR PURPOSES OF THIS
SUBPARAGRAPH, APPLICABILITY OF ANY SUCH LIMITATION OR REQUIREMENT TO A
SOURCE SHALL BE DETERMINED WITHOUT REGARD TO THIS SUBSECTION OR
SUBSECTION (B).
"(3) A SOURCE TO WHICH THIS SUBSECTION APPLIES MAY, UPON THE
EXPIRATION OF A COMPLIANCE DATE EXTENSION, RECEIVE A ONE-YEAR
POSTPONEMENT OF THE APPLICATION OF ANY REQUIREMENT OF AN APPLICALBE
IMPLEMENTATION PLAN UNDER THE CONDITIONS AND IN THE MANNER PROVIDED IN
SECTION 110(F).
"(4) THE ADMINISTRATOR SHALL GIVE NOTICE TO THE PUBLIC AND AFFORD AN
OPPORTUNITY FOR ORAL AND WRITTEN PRESENTATIONS OF DATA, VIEWS, AND
ARGUMENTS BEFORE ISSUING ANY COMPLIANCE DATE EXTENSION, PRESCRIBING ANY
REGULATION UNDER PARAGRAPH (2) OF THIS SUBSECTION, MAKING ANY FINDING
UNDER PARAGRAPH (2)(A) OF THIS SUBSECTION, IMPOSING ANY REQUIREMENT ON A
SOURCE PURSUANT TO PARAGRAPH (2) OR ANY REGULATION THEREUNDER,
PRESCRIBING A PRIMARY STATNDARD CONDITION UNDER SUBSECTION (D)(2) WHICH
APPLIES TO A SOURCE TO WHICH AN EXTENSION IS ISSUED UNDER THIS
SUBSECTION, OR ACTING ON ANY PETITION UNDER SUBSECTION (D)(2)(C).
"(D)(1)(A) WHENEVER THE FEDERAL ENERGY ADMINISTRATOR ISSUES AN ORDER
UNDER SECTION 2(A) OF THE ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION
OF ACT OF 1974 WHICH WILL NOT APPLY AFTER JUNE 30, 1975, THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY SHALL CERTIFY TO
HIM--,
"(I) IN THE CASE OF A SOURCE TO WHICH NO SUSPENSION WILL BE
ISSUED UNDER SUBSECTION (B), THE EARLIEST DATE ON WHICH SUCH
SOURCE WILL BE ABLE TO BURN COAL AND TO COMPLY WITH ALL APPLICABLE
AIR POLLUTION REQUIREMENTS, OR
"(II) IN THE CASE OF A SOURCE TO WHICH A SUSPENSION WILL BE
ISSUED UNDER SUBSECTION (B) OF THIS SECTION, THE DATE DETERMINED
UNDER PARAGRAPH (2)(B) OF THIS SUBSECTION.
"(B) WHENEVER THE FEDERAL ENERGY ADMINISTRATOR ISSUES AN ORDER UNDER
SECTION 2(A) OF SUCH ACT WILL APPLY AFTER JUNE 30, 1975, THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY SHALL NOTIFY HIM IF
SUCH SOURCE WILL BE ABLE, ON AND AFTER JULY 1, 1975, TO BURN COAL AND TO
COMPLY WITH ALL APPLICABLE AIR POLLUTION REQUIREMENTS WITHOUT A
COMPLIANCE DATE EXTENSION UNDER SUBSECTION (C). IF SUCH NOTIFICATION IS
NOT GIVEN--,
"(I) IN THE CASE OF A SOURCE WHICH IS ELIGIBLE FOR A COMPLIANCE
DATE EXTENSION UNDER SUBSECTION (C), THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY SHALL CERTIFY TO THE FEDERAL
ENERGY ADMINISTRATOR THE DATE DETERMINED UNDER PARAGRAPH (2) (B)
OF THIS SUBSECTION, AND
"(II) IN THE CASE OF A SOURCE WHICH IS NOT ELIGIBLE FOR SUCH AN
EXTENSION, THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION
AGENCY SHALL CERTIFY TO THE FEDERAL ENERGY ADMINISTRATOR THE
EARLIEST DATE ON WHICH THE SOURCE WILL BE ABLE TO BURN COAL AND TO
COMPLY WITH ALL APPLICABLE AIR POLLUTION REQUIREMENTS.
"(2)(A) THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY,
AFTER CONSULTATION WITH APPROPRIATE STATES, SHALL PRESCRIBE (AND MAY
FROM TIME TO TIME, AFTER SUCH CONSULTATION, MODIFY) EMISSION
LIMITATIONS, REQUIREMENTS RESPECTING POLLUTION CHARACTERISTICS OF COAL,
OR OTHER ENFORCEABLE MEASURES FOR CONTROL OF EMISSIONS, FOR EACH SOURCE
TO WHICH A SUSPENSION UNDER SUBSECTION (B)(1)(A)(II) WILL APPLY, AND FOR
EACH SOURCE TO WHICH A COMPLIANCE DATE EXTENSION UNDER SUBSECTION (C)(1)
WILL APPLY. SUCH LIMITATIONS, REQUIREMENTS, AND MEASURES SHALL BE THOSE
WHICH HE DETERMINES MUST BE COMPLIED WITH BY THE SOURCE IN ORDER TO
ASSURE (THROUGHOUT THE PERIOD THAT THE SUSPENSION OR EXTENSION WILL BE
IN EFFECT) THAT THE BURNING OF COAL BY SUCH SOURCE WILL NOT RESULT IN
EMISSIONS WHICH CAUSE OR CONTRIBUTE TO CONCENTRATIONS OF ANY AIR
POLLUTANT IN EXCESS OF ANY NATIONAL PRIMARY AMBIENT AIR QUALITY STANDARD
FOR SUCH POLLUTANT.
"(B) WHENEVER THE ADMINISTRATOR PRESCRIBES A LIMITATION, REQUIREMENT,
OR MEASURE UNDER SUBPARAGRAPH (A) OF THIS PARAGRAPH WITH RESPECT TO A
SOURCE, HE SHALL DETERMINE THE EARLIEST DATE ON WHICH SUCH SOURCE WILL
BE ABLE TO COMPLY WITH SUCH LIMITATION, REQUIREMENT, OR MEASURE, AND
WITH ANY REGIONAL LIMITATION APPLICABLE TO SUCH SOURCE.
"(C) AN AIR POLLUTION CONTROL AGENCY MAY PETITION THE ADMINISTRATOR
(A) TO MODIFY ANY LIMITATION, REQUIREMENT, OR OTHER MEASURE UNDER THIS
PARAGRAPH SO AS TO ASSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS
PARAGRAPH, OR (B) TO ISSUE TO THE FEDERAL ENERGY ADMINISTRATION THE
CERTIFICATION DESCRIBED IN PARAGRAPH (3)(B) ON THE GROUNDS DESCRIBED IN
CLAUSE (III) THEREOF. THE ADMINISTRATOR SHALL TAKE THE ACTION REQUESTED
IN THE PETITION, OR DENY THE PETITION, WITHIN 90 DAYS AFTER THE DATE OF
RECEIPT OF THE PETITION.
"(3)(A) IF THE ADMINISTRATOR DETERMINES THAT A SOURCE TO WHICH A
SUSPENSION UNDER SUBSECTION (B)(1)(A)(II) OR TO WHICH A COMPLIANCE DATE
EXTENSION UNDER SUBSECTION (C)(1) APPLIES IS NOT IN COMPLIANCE WITH ANY
PRIMARY STANDARD CONDITION, OR THAT A SOURCE TO WHICH A COMPLIANCE DATE
EXTENSION APPLIES ISN NOT IN COMPLIANCE WITH A REGIONAL LIMITATION
APPLICABLE TO IT, HE SHALL (EXCEPT AS PROVIDED IN SUBPARAGRAPH (B)
EITHER--,
"(I) ENFORCE COMPLIANCE WITH SUCH CONDITION OR LIMITATION UNDER
SECTION 113, OR
"(II) (AFTER NOTICE TO THE PUBLIC AND AFFORDING AN OPPORTUNITY
FOR INTERESTED PERSONS TO PRESENT DATA, VIEWS, AND ARGUMENTS,
INCLUDING ORAL PRESENTATIONS, TO THE EXTENT PRACTICABLE) REVOKE
SUCH SUSPENSION OR COMPLIANCE DATE EXTENSION.
"(B) IF THE ADMINISTRATOR FINDS THAT FOR ANY PERIOD--,
"(I) A SOURCE, TO WHICH AN ORDER UNDER SECTION 2(A) OF THE
ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION ACT OF 1974 APPLIES,
WILL BE UNABLE TO COMPLY WITH A PRIMARY STANDARD CONDITION OR
REGIONAL LIMITATION,
"(II) SUCH A SOURCE WILL NOT BE IN COMPLIANCE WITH SUCH A
CONDITION OR LIMITATION, BUT SUCH CONDITION OR LIMITATION CANNOT
BE ENFORCED BECAUSE OF A COURT ORDER RESTRAINING ITS ENFORCEMENT,
OR
"(III) THE BURNING OF COAL BY SUCH A SOURCE WILL RESULT IN AN
INCREASE IN EMISSIONS OF ANY AIR POLLUTANT FOR WHICH NATIONAL
AMBIENT AIR QUALITY STANDARDS HAVE NOT BEEN PROMULGATED (OR AN AIR
POLLUTANT WHICH IS TRANSFORMED IN THE ATMOSPHERE INTO AN AIR
POLLUTANT FOR WHICH SUCH A STANDARD HAS NOT BEEN PROMULGATED), AND
THAT SUCH INCREASE MAY CAUSE (OR MATERIALLY CONTRIBUTE TO) A
SIGNIFICANT RISK TO PUBLIC HEALTH,
HE SHALL NOTIFY THE FEDERAL ENERGY ADMINISTRATOR OF HIS FINDING AND
CERTIFY THE PERIOD FOR WHICH SUCH ORDER UNDER SUCH SECTION 2(A) SHALL
NOT BE IN EFFECT WITH RESPECT TO SUCH SOURCE. SUBJECT TO THE CONDITIONS
OF THE PRECEDING SENTENCE, SUCH CERTIFICATION MAY BE MODIFIED FROM TIME
TO TIME. FOR PURPOSES OF THIS SUBSECTION, SUBSECTION (C), AND SECTION
2(A) OR (B) OF THE ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION ACT OF
1974, A SOURCE SHALL BE CONSIDERED UNABLE TO COMPLY WITH AN AIR
POLLUTION REQUIREMENT (INCLUDING A PRIMARY STANDARD CONDITION OR
REGIONAL LIMITATION) ONLY IF NECESSARY TECHNOLOGY OR OTHER ALTERNATIVE
METHODS OF CONTROL ARE NOT AVAILABLE OR HAVE NOT BEEN AVAILABLE FOR A
SUFFICIENT PERIOD OF TIME.
"(4) NOTHING IN THIS ACT SHALL PROHIBIT A STATE, POLITICAL
SUBDIVISION OF A STATE, OR AGENCY OR INSTRUMENTALITY OF EITHER, FROM
ENFORCING ANY PRIMARY STANDARD CONDITION OR REGIONAL LIMITATION.
"(5) A CONVERSION TO COAL (A) TO WHCIH A SUSPENSION UNDER SUBSECTION
(B) OR A COMPLIANCE DATE EXTENSION UNDER SUBSECTION (C) APPLIES OR (B)
BY REASON OF AN ORDER UNDER SECTION 2(A) OF THE ENERGY SUPPLY AND
ENVIRONMENTAL COORDINATION ACT OF 1974 SHALL NOT BE DEEMED TO BE A
MODIFICATION FOR PURPOSES OF SECTION 111(A) (2) AND (4) OF THIS ACT.
"(E) THE ADMINISTRATOR MAY, BY RULE, ESTABLISH PRIORITIES UNDER WHICH
MANUFACTURERS OF CONTINUOUS EMISSION REDUCTION SYSTEMS NECESSARY TO
CARRY OUT SUBSECTION (C) SHALL PROVIDE SUCH SYSTEMS TO USERS THEREOF, IF
HE FINDS THAT PRIORTIES MUST BE IMPOSED IN ORDER TO ASSURE THAT SUCH
SYSTEMS ARE FIRST PROVIDED TO SOURCES IN AIR QUALITY CONTROL REGIONS IN
WHICH NATIONAL PRIMARY AMBIENT AIR QUALITY STANDARDS HAVE NOT BEEN
ACHIEVED. NO RULE UNDER THIS SUBSECTION MAY IMPAIR THE OBLIGATION OF
ANY CONTRACT ENTERED INTO BEFORE THE DATE OF ENACTMENT OF THIS SECTION.
TO THE EXTENT NECESSARY TO CARRY OUT THIS SECTION, THE ADMINISTRATOR MAY
PROHIBIT ANY STATE OR POLITICAL SUBDIVISION OF A STATE, OR AN AGENCY OR
INSTRUMENTALITY OF EITHER, FORM REQUIRING ANY PERSON TO USE A CONTINUOUS
EMISSION REDUCTION SYSTEM FOR WHICH PRIORITIES HAVE BEEN ESTABLISHED
UNDER THIS SUBSECTION, EXCEPT IN ACCORDANCE WITH SUCH PRIORITIES.
"(F) NO STATE, POLITICAL SUBDIVISION OF A STATE, OR AGENCY OR
INSTRUMENTALITY OF EITHER, MAY REQUIRE ANY PERSON TO WHOM A SUSPENSION
HAS BEEN ISSUED UNDER SUBSECTION (B)(1) TO USE ANY FUEL THE
UNAVAILABILITY OF WHICH IS THE BASIS OF SUCH PERSON'S SUSPENSION (EXCEPT
THAT THIS SUBSECTION SHALL NOT APPLY TO REQUIREMENTS IDENTICAL TO
FEDERAL REQUIREMENTS UNDER SUBSECTION (B)(3) OR SUBSECTION (D)(2)9
"(G)(1) IT SHALL BE UNLAWFUL FOR ANY PERSON TO WHOM A SUSPENSION HAS
BEEN ISSUED UNDER SUBSECTION (B)(1) TO VIOLATE ANY REQUIREMENT ON WHICH
THE SUSPENSION IS CONDITIONED PURSUANT TO SUBSECTION (B)(3) OR ANY
PRIMARY STANDARD CONDITION APPLICALBE TO HIM.
"(2) IT SHALL BE UNLAWFUL FOR ANY PERSON TO FAIL TO COMPLY WITH ANY
REQUIREMENT UNDER SUBSECTION (C), OR ANY REGULATION, PLAN, OR SCHEDULE
THEREUNDER (INCLUDING A PRIMARY STANDARD CONDITION OR REGIONAL
LIMITATION), WHICH IS APPLICABLE TO SUCH PERSON.
"(3) IT SHALL BE UNLAWFUL FOR ANY PERSON TO VIOLATE ANY RULE UNDER
SUBSECTION (E).
"(4) IT SHALL BE UNLAWFUL FOR ANY PERSON TO FAIL TO COMPLY WITH AN
INTERIM REQUIREMENT UNDER SUBSECTION (I)(3).
"(H) NOTHING IN THIS SECTION SHALL AFFECT THE POWER OF THE
ADMINISTRATOR TO DEAL WITH AIR POLLUTION PRESENTING AN IMMINENT AND
SUBSTANTIAL ENDANGERMENT TO THE HEALTH OF PERSONS UNDER SECTION 303 OF
THIS ACT. //84 STAT. 1705, 42 USC 1857H-1.//
"(I)(1) IN ORDER TO REDUCE THE LIKELIHOOD OF EARLY PHASEOUT OF
EXISTING ELECTRIC GENERATING POWERPLANTS, ANY ELECTRIC GENERATING
POWERPLANT (A) WHICH, BECAUSE OF THE AGE AND CONDITION OF THE PLANT, IS
TO BE TAKEN OUT OF SERVICE PERMANENTLY NO LATER THAN JANUARY 1, 1980,
ACCORDING TO THE POWER SUPPLY PLAN (IN EXISTENCE ON JANUARY 1, 1974) OF
THE OWNER OR OPERATOR OF SUCH PLANT, (B) FOR WHICH A CERTIFICATION TO
THAT EFFECT HAS BEEN FILED BY THE OWNER OR OPERATOR OF THE PLANT WITH
THE ENVIRONMENTAL PROTECTION AGENCY AND THE FEDERAL POWER COMMISSION,
AND (C) FOR WHICH SUCH COMMISSION HAS DETERMINED THAT THE CERTIFICATION
HAS BEEN MADE IN GOOD FAITH AND THAT THE PLAN TO CEASE OPERATIONS NO
LATER THAN JANUARY 1, 1980, WILL BE CARRIED OUT AS PLANNED IN LIGHT OF
EXISTIN AND PROSPECTIVE POWER SUPPLY REQUIREMENTS, SHALL BE ELIGIBLE FOR
A SINGLE ONE-YEAR POSTPONEMENT AS PROVIDED IN PARAGRAPH (2).
"(2) PRIOR TO THE DATE ON WHICH ANY POWERPLANT ELIGIBLE UNDER
PARAGRAPH (1) IS REQUIRED TO COMPLY WITH ANY REQUIREMENT OF AN
APPLICABLE IMPLEMENTATION PLAN, SUCH PLANT MAY APPLY (WITH THE
CONCURRENCE OF THE GOVERNOR OF THE STATE IN WHICH SUCH PLANT IS LOCATED)
TO THE ADMINISTRATOR TO POSTPONE THE APPLICABILITY OF SUCH REQUIREMENT
TO SUCH PLANT FOR NOT MORE THAN ONE YEAR. IF THE ADMINISTRATOR
DETERMINES, AFTER CONSIDERING THE RISK TO PUBLIC HEALTH AND WELFARE
WHICH MAY BE ASSOCIATED WITH A POSTPONEMENT, THAT COMPLIANCE WITH ANY
SUCH REQUIREMENT IS NOT REASONABLE IN LIGHT OF THE PROJECTED USEFUL LIFE
OF THE PLANT, THE AVAILABILTIY OF RATE BASE INCREASES TO PAY FOR THE
COSTS OF SUCH COMPLINACE, AND OTHER APPROPRIATE FACTORS, THEN THE
ADMINISTRATOR SHALL GRANT A POSTPONEMENT OF ANY SUCH REQUIREMENT.
"(3) THE ADMINISTRATOR SHALL, AS A CONDITION OF ANY POSTPONEMENT
UNDER PARAGRAPH (2), PRESCRIBE SUCH INTERIM REQUIREMENTS AS ARE
PRACTICABLE AND REASONABLE IN LIGHT OF THE CRITERIA IN PARAGRAPH (2).
"(J)(1) THE ADMINISTRATOR MAY, AFTER PUBLIC NOTICE AND OPPORTUNITY
FOR PRESENTATION OF DATA, VIEWS, AND ARGUMENTS IN ACCORDANCE WITH
SECTION 533 OF TITLE 5, UNITED STATES CODE, //80 STAT. 383.// AND AFTER
CONSULTATION WITH THE FEDERAL ENERGY ADMINISTRATOR, DESIGNATE PERSONS
WITH RESPECT TO WHOM FUEL EXCHANGE REQUIREMENTS SHOULD BE IMPOSED UNDER
PARAGRAPH (2) OF THIS SUBSECTION. THE PURPOSE OF SUCH DESIGNATION SHALL
BE TO AVOID OR MINIMIZE THE ADVERSE IMPACT ON PUBLIC HEALTH AND WELFARE
OF ANY SUSPENSION UNDER SUBSECTION (B) OF THIS SECTION OR CONVERSION TO
COAL TO WHICH SUBSECTION (C) APPLIES OR OF ANY ALLOCATION UNDER SECTION
2(D) OF THE ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION ACT OF 1974 OR
UNDER THE EMERGENCY PETROLEUM ALLOCATION ACT OF 1973. //87 STAT. 627,
15 USC 751 NOTE.//
"(2) THE FEDERAL ENERGY ADMINISTRATOR SHALL EXERCISE HIS AUTHORITY
UNDER SECTION 2(D) OF THE ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION
ACT OF 1974 AND UNDER THE EMERGENCY PETROLEUM ALLOCATION ACT OF 1973
WITH RESPECT TO PERSONS DESIGNATED BY THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY UNDER PARAGRAPH (1) IN ORDER TO REQUIRE
THE EXCHANGE OF ANY FUEL SUBJECT TO ALLOCATION UNDER SUCH ACTS EFFECTIVE
NO LATER THAN FORTY-FIVE DAYS AFTER THE DATE OF SUCH DESIGNATION, UNLESS
THE FEDERAL ENERGY ADMINISTRATOR DETERMINES, AFTER CONSULTATION WITH THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, THAT THE COSTS OR
CONSUMPTION OF FUEL, RESULTING FROM REQUIRING SUCH EXCHANGE, WILL BE
EXCESSIVE.
"(K) (1) THE ADMINISTRATOR SHALL STUDY, AND REPORT TO CONGRESS NOT
LATER THAN SIX MONTHS AFTER THE DATE OF ENACTMENT OF THIS SECTION, WITH
RESPECT TO--,
"(A) THE PRESENT AND PROJECTED IMPACT OF FUEL SHORTAGES AND
FUEL ALLOCATION PROGRAMS ON THE PROGRAM UNDER THIS ACT;
"(B) AVAILABILTIY OF CONTINUOUS EMISSION REDUCTION TECHNOLOGY
(INCLUDING PROJECTIONS RESPECTING THE TIME, COST, AND NUMBER OF
UNITS AVAILABLE) AND THE EFFECTS THAT CONTINUOUS EMISSION
REDUCTION SYSTEMS WOULD HAVE ON THE TOTAL ENVIRONMENT AND ON
SUPPLIES OF FUEL AND ELECTRICITY;
"(C) THE NUMBER OF SOURCES AND LOCATIONS WHICH MUST USE SUCH
TECHNOLOGY BASED ON PROJECTED FUEL AVAILABILITY DATA;
"(D) A PRIORITY SCHEDULE FOR INSTALLATION OF CONTINUOUS
EMISSION REDUCTION TECHNOLOGY, BASED ON PUBLIC HEALTHE OR AIR
QUALITY;
"(E) EVALUATION OF AVAILABILITY OF TECHNOLOGY TO BURN MUNICIPAL
SOLID WASTE IN ELECTRIC POWERPLANTS OR OTHER MAJOR FUEL BURNING
INSTALLATIONS, INCLUDING TIME SCHEDULES, PRIOTITIES, ANALYSIS OF
POLLUTANTS WHICH MAY BE EMITTED (INCLUDING THOSE FOR WHICH
NATIONAL AMBIENT AIR QUALITY STANDARDS HAVE NOT BE PROMULGATED),
AND A COMPARISON OF HEALTH BENEFITS AND DETRIMENTS FROM BURNING
SOLID WASTE AND OF ECONOMIC COSTS;
"(F) EVALUATION OF ALTERNATIVE CONTROL STRATEGIES FOR THE
ATTAINMENT AND MAINTENANCE OF ANTIONAL AMBIENT AIR QUALITY
STANDARDS FOR SULFUR OXIDES WITHIN THE TIME FOR ATTAINMENT
PRESCRIBED IN THIS ACT, INCLUDING ASSOCIATED CONSIDERATIONS OF
COST, TIME FOR ATTAINMENT, FEASIBILITY, AND EFFECTIVENESS OF SUCH
ALTERNATIVE CONTROL STRATEGIES AS COMPARED TO STATIONARY SOURCE
FUEL AND EMISSION REGULATIONS;
"(G) PROPOSED PRIORITIES, FOR CONTINUOUS EMISSION REDUCTION
SYSTEMS WHICH DO NOT PRODUCE SOLID WASTE, FOR SOURCES WHICH ARE
LEAST ABLE TO HANDLE SOLID WASTE BYPRODUCTS OF SUCH SYSTEMS;
"(H) PLANS FOR MONITORING OR REQUIRING SOURCES TO WHICH THIS
SECTION APPLIES TO MONITOR THE IMPACT OF ACTIONS UNDER THIS
SECTION ON CONCENTRATIONS OF SULFUR DIOXIDE IN THE AMBIENT AIR;
AND
"(I) STEPS TAKEN PURSUANT TO AUTHORITY OF SECTION 110(A)(3)(B)
OF THIS ACT.
"(2) BEGINNING JANUARY 1, 1975, THE ADMINISTRATOR SHALL PUBLISH IN
THE FEDERAL REGISTER, AT NO LESS THAN ONE-HUNDRED-AND-EIGHTY-DAY
INTERVALS, THE FOLLOWING:
"(A) A CONSISE SUMMARY OF PROGRESS REPORTS WHICH ARE REQUIRED
TO BE FILED BY ANY PERSON OR SOURCE OWNER OR OPERATOR TO WHICH
SUBSECTION (C) APPLIES. SUCH PROGRESS REPORTS SHALL REPORT ON THE
STATUS OF COMPLIANCE WITH ALL REQUIREMENTS WHICH HAVE BEEN IMPOSED
BY THE ADMINISTRATOR UNDER SUCH SUBSECTION.
"(B) UP-TO-DATE FINDINGS ON THE IMPACT OF THIS SECTION UPON--,
"(I) APPLICABLE IMPLEMENTATION PLANS, AND
"(II) AMBIENT AIR QUALITY."
(A) SECTION 110(A) OF THE CLEAN AIR ACT //84 STAT. 1680, 42 USC
1857C-5.// IS AMENDED IN PARAGRAPH (3) BY INSERTING "(A)" AFTER "(3)"
AND BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBPARAGRAPH:
"(B) AS SOON AS PRACTICABLE, THE ADMINISTRATOR SHALL, CONSISTENT WITH
THE PURPOSES OF THIS ACT AND THE ENERGY SUPPLY AND ENVIRONMENTAL
COORDINATION ACT OF 1974, REVIEW EACH STATE APPLICABLE IMPLEMENTATION
PLANS AND REPORT TO THE STATE ON WHETHER SUCH PLANS CAN BE REVISED IN
RELATION TO FUEL BURNING STATIONARY SOURCES (OR PERSONS SUPPLYING FUEL
TO SUCH SOURCES) WITHOUT INTERFERING WITH THE ATTAINMENT AND MAINTENANCE
OF ANY NATIONAL AMBIENT AIR QUALITY STANDARD WITHIN THE PERIOD PERMITTED
IN THIS SECTION. IF THE ADMINISTRATOR DETERMINES THAT ANY SUCH PLAN CAN
BE REVISED, HE SHALL NOTIFY THE STATE THAT A PLAN REVISION MAY BE
SUBMITTED BY THE STATE. ANY PLAN REVISION WHICH IS SUBMITTED BY THE
STATE SHALL, AFTER PUBLIC NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, BE
APPROVED BY THE ADMINISTRATOR IF THE REVISION RELATES ONLY TO FUEL
BURNING STATIONARY SOURCES (OR PERSONS SUPPLYING FUEL TO SUCH SOURCES),
AND THE PLAN AS REVISED COMPLIES WITH PARAGRAPH (2) OF THIS SUBSECTION.
THE ADMINISTRATOR SHALL APPROVE OR DISAPPROVE ANY REVISION NO LATER THAN
THREE MONTHS AFTER ITS SUBMISSION."
(B) SUBSECTION (C) OF SECTION 110 OF THE CLEAN AIR ACT //84 STAT.
1680, 42 USC 1857C-5.// IS AMENDED BY INSERTING "(1)" AFTER "(C)"; BY
REDESIGNATION PARAGRAPHS (1), (2), AND (3) AS SUBPARAGRAPHS (A), (B),
AND (C), RESPECTIVELY, AND BY ADDING AT THE END THEREOF THE FOLLOWING
NEW PARAGRAPH:
"(2)(A) THE ADMINISTRATOR SHALL CONDUCT A STUDY AND SHALL SUBMIT A
REPORT TO THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE UNITED
STATES HOUSE OF REPRESENTATIVES AND THE COMMITTEE ON PUBLIC WORKS OF THE
UNITED STATES SENATE NOT LATER THAN THREE MONTHS AFTER DATE OF ENACTMENT
OF THIS PARAGRAPH ON THE NECESSITY OF PARKING SURCHARGE, MANAGEMENT OF
PARKING SUPPLY, AND PREFERENTIAL BUS/CARPOOL LANE REGULATIONS AS PART OF
THE APPLICABLE IMPLEMENTATION PLANS REQUIRED UNDER THIS SECTION TO
ACHIEVE AND MAINTAIN NATIONAL PRIMARY AMBIENT AIR QUALITY STANDARDS.
THE STUDY SHALL INCLUDE AN ASSESSMENT OF THE ECONOMIC IMPACT OF SUCH
REGULATIONS, CONSIDERATION OF ALTERNATIVE MEANS OF REDUCING TOTAL
VEHICLE MILES TRAVELED, AND AN ASSESSMENT OF THE IMPACT OF SUCH
REGULATIONS ON OTHER FEDERAL AND STATE PROGRAMS DEALING WITH ENERGY OR
TRANSPORTATION. IN THE COURSE OF SUCH STUDY, THE ADMINISTRATOR SHALL
CONSULT WITH OTHER FEDERAL OFFICIALS INCLUDING, BUT NOT LIMITED TO, THE
SECRETARY OF TRANSPORTATION, THE FEDERAL ENERGY ADMINISTRATOR, AND THE
CHAIRMAN OF THE COUNCIL ON ENVIRONMENT QUALITY.
"(B) NO PARKING SURCHARGE REGULATION MAY BE REQUIRED BY THE
ADMINISTRATOR UNDER PARAGRAPH (1) OF THIS SUBSECTION AS A PART OF AN
APPLICABLE IMPLEMENTATION PLAN. ALL PARKING SURCHARGE REGULATIONS
PREVIOUSLY REQUIRED BY THE ADMINISTRATOR SHALL BE VOID UPON THE DATE OF
ENACTMENT OF THIS SUBPARAGRAPH. THIS SUBPARAGRAPH SHALL NOT PERVENT THE
ADMINISTRATOR FROM APPROVING PARKING SURCHARGES IF THEY ARE ADOPTED AND
SUBMITTED BY A STATE AS PART OF AN APPLICABLE IMPLEMENTATION PLAN. THE
ADMINISTRATOR MAY NOT CONDITION APPROVAL OF ANY IMPLEMENTATION PLAN
SUBMITTED BY A STATE ON SUCH PLAN'S INCLUDING A PARKING SURCHARGE
REGULATION.
"(C) THE ADMINISTRATOR IS AUTHORIZED TO SUSPEND UNTIL JANUARY 1,
1975, THE EFFECTIVE DATE OR APPLICABILITY OF ANY REGULATIONS FOR THE
MANAGEMENT OF PARKING SUPPLY OR ANY REQUIREMENT THAT SUCH REGULATIONS BE
A PART OF AN APPLICABLE IMPLEMENTATION PLAN APPROVED OR PROMULGATED
UNDER THIS SECTION. THE EXERCISE OF THE AUTHORITY UNDER THIS
SUBPARAGRAPH SHALL NOT PREVENT THE ADMINISTRATOR FROM APPROVING SUCH
REGULATIONS IF THEY ARE ADOPTED AND SUBMITTED BY A STATE AS PART OF AN
APPLICABLE IMPLEMENTATION PLAN. IF THE ADMINISTRATOR EXERCISES THE
AUTHORITY UNDER THIS SUBPARAGRAPH, REGULATIONS REQUIRING A REVIEW OR
ANALYSIS OF THE IMPACT OF PROPOSED PARKING FACILITIES BEFORE
CONSTRUCTION WHICH TAKE EFFECT ON OR AFTER JANUARY 1, 1975, SHALL NOT
APPLY TO PARKING FACILITIES ON WHICH CONSTRUCTION HAS BEEN INITIATED
BEFORE JANUARY 1, 1975.
"(D) FOR PURPOSES OF THIS PARAGRAPH--,
"(I) THE TERM 'PARKING SURCHARGE REGULATION' MEANS A REGULATION
IMPOSING OR REQUIRING THE IMPOSITION OF ANY TAX, SURCHARGE, FEE,
OR OTHER CHARGE ON PARKING SPACES, OR ANY OTHER AREA USED FOR THE
TEMPORARY STORAGE OF MOTOR VEHICLES.
"(II) THE TERM 'MANAGEMENT OF PARKING SUPPLY' SHALL INCLUDE ANY
REQUIREMENT PROVIDING THAT ANY NEW FACILITY CONTAINING A GIVEN
NUMBER OF PARKING SPACES SHALL RECEIVE A PERMIT OR OTHER PRIOR
APPROVAL, ISSUANCE OF WHICH IS TO BE CONDITIONED ON AIR QUALITY
CONSIDERATIONS.
"(III) THE TERM 'PREFERENTIAL BUS/CARPOOL LANE' SHALL INCLUDE
ANY REQUIREMENT FOR THE SETTING ASIDE OF ONE OR MORE LANES OF A
STREET OR HIGHWAY ON A PERMANENT OR TEMPORARY BASIS FOR THE
EXCLUSIVE USE OF BUSES OR CARPOOLS, OR BOTH.
"(E) NO STATNDARD, PLAN, OR REQUIREMENT, RELATING TO MANAGEMENT OF
PARKING SUPPLY OR PREFERENTIAL BUS/CARPOOL LANES SHALL BE PROMULGATED
AFTER THE DATE OF ENACTMENT OF THIS PARAGRAPH BY THE ADMINISTRATOR
PURSUANT TO THIS SECTION, UNLESS SUCH PROMULGATION HAS BEEN SUBJECTED TO
AT LEAST ONE PUBLIC HEARING WHIHC HAS BEEN HELD IN THE AREA AFFECTED AND
FOR WHICH REASONABLE NOTICE HAS BEEN GIVEN IN SUCH AREA. IF SUBSTANTIAL
CHANGES ARE MADE FOLLOWING PUBLIC HEARINGS, ONE OR MORE ADDITIONAL
HEARINGS SHALL BE HELD IN SUCH AREA AFTER SUCH NOTICE."
(A) SECTION 202(B)(1)(A) OF THE CLEAN AIR ACT //84 STAT. 1680, 42 USC
1857F-1.// IS AMENDED BY STRIKING OUT "1975" AND INSERTING IN LIEU
THEREOF "1977"; AND BY INSERTING AFTER "(A)" THE FOLLOWING: "THE
REGULATIONS UNDER SUBSECTION (A) APPLICABLE TO EMISSIONS OF CARBON
MONOXIDE AND HYDROCARBONS FROM LIGHT-DUTY VEHICLES AND ENGINES
MANUFACTURED DURING MODEL YEARS 1975 AND 1976 SHALL CONTAIN STANDARDS
WHICH ARE IDENTICAL TO THE INTERIM STANDARDS WHICH WERE PRESCRIBED (AS
DECEMBER 1, 1973) UNDER PARAGRAPH (5)(A) OF THIS SUBSECTION FOR
LIGHT-DUTY VEHICLES AND ENGINES MANUFACTURED DURING MODEL YEAR 1975."
(B) SECTION 202(B)(1)(B) OF SUCH ACT IS AMENDED BY STRIKING OUT
"1976" AND INSERTING IN LIEU THEREOF "1978"; AND BY INSERTING AFTER
"(B)" THE FOLLOWING: "THE REGULATIONS UNDER SUBSECTION (A) APPLICABLE
TO EMISSIONS OF OXIDES OF NITROGEN FROM LIGHT-DUTY VEHICLES AND ENGINES
MANUFACTURED DURING MODEL YEARS 1975 AND 1976 SHALL CONTAIN STANDARDS
WHICH ARE IDENTICAL TO THE STANDARDS WHICH WERE PRESCRIBED (AS OF
DECEMBER 1, 1973) UNDER SUBSECTION (A) FOR LIGHT-DUTY VEHICLES AND
ENGINES MANUFACTURED DURING MODEL YEAR 1975. THE REGULATIONS UNDER
SUBSECTION (A) APPLICABLE TO EMISSIONS OF OXIDES OF NITROGEN FORM
LIGHT-DUTY VEHICLES AND ENGINES MANUFACTURED DURING MODEL YEAR 1977
SHALL CONTAIN STATNDARDS WHICH PROVIDE THAT SUCH EMISSIONS FROM SUCH
VEHICLES AND ENGINES MAY NOT EXCEED 2.0 GRAMS PER VEHICLE MILE."
(C) SECTION 202(B)(5)(A) OF SUCH ACT IS AMENDED TO READ AS FOLLOWS:
"(5)(A) AT ANY TIME AFTER JANUARY 1, 1975, ANY MANUFACTURER MAY FILE
WITH THE ADMINISTRATOR AN APPLICATION REQUESTING THE SUSPENSION FOR ONE
YEAR ONLY OF THE EFFECTIVE DATE OF ANY EMISSION STANDARD REQUIRED BY
PARAGRAPH (1)(A) WITH RESPECT TO SUCH MANUFACTURER FOR LIGHT-DUTY
VEHICLES AND ENGINES MANUFACTURED IN MODEL YEAR 1977. THE ADMINISTRATOR
SHALL MAKE HIS DETERMINATION WITH RESPECT TO ANY SUCH APPLICATION WITHIN
SIXTY DAYS. IF HE DETERMINES, IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBSECTION, THAT SUCH SUSPENSION SHOULD BE GRANTED, HE SHALL
SIMULTANEOUSLY WITH SUCH DETERMINATION PRESCRIBE BY REGULATION INTERIM
EMISSION STANDARDS WHICH SHALL APPLY (IN LIEU OF THE STANDARDS REQUIRED
TO BE PRESCRIBED BY PARAGRAPH (1)(A) OF THIS SUBSECTION) TO EMISSIONS OF
CARBON MONOXIDE OR HYDROCARBONS (OR BOTH) FROM SUCH VEHICLES AND ENGINES
MANUFACTURED DURING MODEL YEAR 1977."
(D) SECTION 202(B)(5)(B) OF THE CLEAN AIR ACT //84 STAT. 1691, 42 USC
1857F.// IS REPEALED AND THE FOLLOWING SUBPARAGRAPHS REDESIGNATED
ACCORDINGLY.
(A)(1) SECTION 113(A)(3) OF THE CLEAN AIR ACT //84 STAT. 1686; 85
STAT. 464, 42 USC 1857C-8.// IS AMENDED BY STRIKING OUT "OR" BEFORE
"112(C)", BY INSERTING A COMMA IN LIEU THEREOF, AND BY INSERTING AFTER
"HAZARDOUS EMISSIONS)" THE FOLLOWING: ", OR 119(G) (RELATING TO
ENERGY-RELATED AUTHORITIES)".
(2) SECTION 113(B) (3) OF SUCH ACT IS AMENDED BY TTRIKING OUT "OR
112(C)" AND INSERTING IN LIEW THEREOF", 112(C), OR 119(G)".
(3) SECTION 113(C)(1)(C) OF SUCH ACT IS AMENDED BY STRIKING OUT "OR
SECTION 112(C)" AND INSERTING IN LIEU THEREOF", SECTION 112(C), OR
SECTION 119(G)".
(4) SECTION 114(A) OF SUCH ACT //42 USC 1857D-1.// IS AMENDED BY
INSERTING "119 OR" BEFORE "303".
(B) SECTION 116 OF THE CLEAN AIR ACT //42 USC 1857D-1.// IS AMENDED
BY INSERTING "119 (C), (E), AND (F)," BEFORE "209".
(C)(1) THE SECOND SENTENCE OF SUBSECTION (B) OF SECTION 307 OF SUCH
ACT //42 USC 1857H-5.// IS AMENDED BY INSERTING", OR HIS ACTION UNDER
SECTION 119(C)(2) (A), (B), OR (C) OR UNDER REGULATIONS THEREUNDER,"
AFTER "11(D)".
(2) THE THIRD SENTENCE OF SUCH SUBSECTION IS AMENDED BY STRIKING OUT
"OR APPROVAL" AND INSERTING IN LIEU THEREOF", APPROVAL, OR ACTION".
ENVIRONMENT.
(A) ANY ALLOCATION PROGRAM PROVIDED FOR IN SECTION 2 OF THIS ACT OR
IN THE EMERGENCY PETROLEUM ALLOCATION ACT OF 1973, // 87 STAT. 627, 15
USC 751 NOTE.// SHALL, TO THE MAXIMUM EXTENT PRACTICABLE, INCLUDE
MEASURES TO ASSURE THAT AVAILABLE LOW SULFUR FUEL WILL BE DISTRIBUTED ON
A PRIORITY BASIS TO THOSE AREAS OF THE UNITED STATES DESIGNATED BY THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY AS REQUIRING LOW
SULFUR FUEL TO AVOID OR MINIMIZE ADVERSE IMPACT ON PUBLIC HEALTH.
(B) IN ORDER TO DETERMINE THE HEALTH EFFECTS OF EMISSIONS OF SULFUR
OXIDES TO THE AIR RESULTING FROM ANY CONVERSIONS TO BURNING COAL TO
WHICH SECTION 119 OF THE CLEAN AIR ACT APPLIES, //ANTE, P. 248.// THE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE SHALL, THROUGH THE NATIONAL
INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES AND IN COOPERATION WITH THE
ENVIRONMENTAL PROTECTION AGENCY, CONDUCT A STUDY OF CHRONIC EFFECTS
AMONG EXPOSED POPULATIONS. THE SUM OF $3,500,000 IS AUTHORIZED TO BE
APPROPRIATED FOR SUCH A STUDY. IN ORDER TO ASSURE THAT LONG-TERM
STUDIES CAN BE CONDUCTED WITHOUT INTERRUPTION, SUCH SUMS AS ARE
APPROPRIATED SHALL BE AVAILABLE UNTIL EXPENDED.
(C)(1) NO ACTION TAKEN UNDER THE CLEAN AIR ACT //81 STAT. 485, 42 USC
1857.// SHALL BE DEEMED A MAJOR FEDERAL ACTION SIGNIFICANTLY AFFECTING
THE QUALITY OF THE HUMAN ENVIRONMENT WITHIN THE MEANING OF THE NATIONAL
ENVIROMENTAL POLICY ACT OF 1969 (83STAT. 856). //42 USC 4321 NOTE.//
(2) NO ACTION UNDER SECTION 2 OF THIS ACT FOR A PERIOD OF ONE YEAR
AFTER INITIATION OF SUCH ACTION SHALL BE DEEMED A MAJOR FEDERAL ACTION
SIGNIFICANTLY AFFECTING THE QUALITY OF THE HUMAN ENVIRONMENT WITHIN THE
MEANING OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969. //83 STAT.
852.// HOWEVER, BEFORE ANY ACTION UNDER SECTION 2 OF THIS ACT THAT HAS A
SIGNIFICANT IMPACT ON THE ENVIRONMENT IS TAKEN, IF PRACTICABLE, OR IN
ANY EVENT WITHIN SIXTY DAYS AFTER SUCH ACTION IS TAKEN, AN ENVIRONMENTAL
EVALUATION WITH ANALYSIS EQUIVALENT TO THAT REQUIRED UNDER SECTION
102(2)(C) OF THE NATIONAL ENVIRONMENTAL POLICY ACT, //83 STAT. 853, 42
USC 4332.// TO THE GREATEST EXTENT PRACTICABLE WITHIN THIS TIME
CONSTRAINT, SHALL BE PREPARED AND CIRCULATED TO APPROPRIATE FEDERAL,
STATE, AND LOCAL GOVERNMENT AGENCIES AND TO THE PUBLIC FOR A THIRTY-DAY
COMMENT PERIOD AFTER WHICH A PUBLIC HEARING SHALL BE HELD UPON REQUEST
TO REVIEW OUTSTANDING ENVIRONMENTAL ISSUES. SUCH AN EVALUATION SHALL NOT
BE REQUIRED WHERE THE CTION IN QUESTION HAS BEEN PRECEDED BY COMPLIANCE
WITH THE NATIONAL ENVIRONMENTAL POLICY ACT BY THE APPROPRIATE FEDERAL
AGENCY. ANY ACTION TAKEN UNDER SECTION 2 OF THIS ACT WHICH WILL BE IN
EFFECT FOR MORE THAN A ONE-YEAR PERIOD OR ANY ACTION TO EXTEND AN ACTION
TAKEN UNDER SECTION 2 OF THIS ACT TO A TOTAL PERIOD OF MORE THAN ONE
YEAR SHALL BE SUBJECT TO THE FULL PROVISIONS OF THE NATIONAL
ENVIRONMENTAL POLICY ACT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS
ACT.
(D) IN ORDER TO EXPEDITE THE PROMPT CONSTRUCTION OF FACILITIES FOR
THE IMPORTATION OF HYDROELECTRIC ENERGY THEREBY HELPING TO REDUCE THE
SHORTAGE OF PETROLEUM PRODUCTS IN THE UNITED STATES, THE FEDERAL POWER
CMMISSION IS HEREBY AUTHORIZED AND DIRECTED TO ISSUE A PRESIDENTIAL
PERMIT PURSUANT TO EXECUTIVE ORDER 10485 OF SEPTEMBER 3, 1953, //16 USC
824A NOTE.// FOR THE CONSTRUCTION, OPERATION, MAINTENANCE, AND
CONNECTION OF FACILITIES FOR THE TRANSMISSION OF ELECTRIC ENERGY AT THE
BORDERS OF THE UNITED STATES WITHOUT PREPARING AN ENVIRONMENTAL IMPACT
STATEMENT PURSUANT TO SECTION 102 OF THE NATIONAL ENVIRONMENTAL POLICY
ACT OF 1969 (83 STAT. 856) //42 USC 4332.// FOR FACILITIES FOR THE
TRANSMISSION OF ELECTRIC ENERGY BETWEEN CANADA AND THE UNITED STATES IN
THE VICINITY OF FORT COCINGTON, NEW YORK.
(A) THE FEDERAL ENERGY ADMINISTRATOR SHALL CONDUCT A STUDY ON
POTENTIAL METHODS OF ENERGY CONSERVATION AND, NOT LATER THAN SIX MONTHS
AFTER THE DATE OF ENACTMENT OF THIS ACT, SHALL SUBMIT TO CONGRESS A
REPORT ON THE RESULTS OF SUCH STUDY. THE STUDY SHALL INCLUDE, BUT NOT
BE LIMITED TO, THE FOLLOWING:
(1) THE ENERGY CONSERVATION POTENTIAL OF RESTRICTING EXPORTS OF
FUELS OR ENERGY-INTENSIVE PRODUCTS OR GOODS, INCLUDING AN ANALYSIS
OF BALANCE-OF-PAYMENTS AND FOREIGN RELATIONS IMPLICATIONS OF ANY
SUCH RESTRICTIONS;
(2) ALTERNATIVE REQUIREMENTS, INCENTIVES, OR DISINCENTIVES FOR
INCREASING INDUSTRIAL RECYCLING AND RESOURCE RECOVERY IN ORDER TO
REDUCE ENERGY DEMAND, INCLUDING THE ECONOMIC COSTS AND FUEL
CONSUMPTION TRADEOFF WHICH MAY BE ASSOCIATED WITH SUCH RECYCLING
AND RESOURCE RECOVERY IN LIEU OF TRANSPORTATION AND USE OF VIRGIN
MATERIALS; AND
(3) MEANS FOR INCENTIVES OR DISINCENTIVES TO INCREASE
EFFICIENCY OF INDUSTRIAL USE OF ENERGY.
(B) WITHIN NINETY DAYS OF THE DATE OF ENACTMENT OF THIS ACT, THE
SECRETARY OF TRANSPORTATION, AFTER CONSULTATION WITH THE FECERAL ENERGY
ADMINISTRATOR, SHALL SUBMIT TO THE CONGRESS FOR APPROPRIATE ACTION AN
"EMERGENCY MASS TRANSPORTATION ASSISTANCE PLAN" FOR THE PURPOSE OF
CONSERVING ENERGY BY EXPANDING AND IMPROVING PUBLIC MASS TRANSPORTATION
SYSTEMS AND ENCOURAGING INCREASED RIDERSHIP AS ALTERNATIVES TO
AUTOMOBILE TRAVEL.
(C) SUCH PLAN SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO--,
(1) RECOMMENDATIONS FOR ENERGENCY TEMPORARY GRANTS TO ASSIST
STATES AND LOCAL PUBLIC BODIES AND AGENCIES THEREOF IN THE PAYMENT
OF OPERATING EXPENSES INCURRED IN CONNECTION WITH THE PROVISION OF
EXPANDED MASS TRANSPORTATION SERVICE IN URBAN AREAS;
(2) RECOMMENDATIONS FOR ADDITIONAL EMERGENCY ASSISTANCE FOR THE
PURCHASE OF BUSES AND ROLLING STOCK FOR FIXED RAIL, INCLUDING THE
FEASIBILITY OF ACCELERATING THE TIMETABLE FOR SUCH ASSISTANCE
UNDER SECTION 142(A)(2) OF TITLE 23, UNITED STATES CODE (THE
"FEDERAL AID HIGHWAY ACT OF 1973"), //87 STAT. 259.// FOR THE
PURPOSE OF PROVIDING ADDITIONAL CAPACITY FOR AND ENCOURAGING
INCREASED USE OF PUBLIC MASS TRANSPROTATION SYSTEMS;
(3) RECOMMENDATIONS FOR A PROGRAM OF DEMONSTRATION PROJECTS TO
DETERMINE THE FEASIBILITY OF FARE-FREE AND LOW-FARE URBAN MASS
TRANSPORTATION SYSTEMS, INCLUDING REDUCED RATES FOR ELDERLY AND
HANDICAPPED PERSONS DURING NONPEAK HOURS OF TRANSPORTATION;
(4) RECOMMENDATIONS FOR ADDITIONAL EMERGENCY ASSISTANCE FOR THE
CONSTRUCTION OF FRINGE AND TRANSPORTATION CORRIDOR PARKING
FACILITIES TO SERVE BUS AND OTHER MASS TRANSPORTATION PASSENGERS;
(5) RECOMMENDATIONS ON THE FEASIBILITY OF PROVIDING TAX
INCENTIVES FOR PERSONS WHO USE PUBLIC MASS TRANSPORTATION SYSTEMS.
THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY SHALL REPORT
TO CONGRESS NOT LATER THAN JANUARY 31, 1975, ON THE IMPLEMENTATION OF
SECTIONS 3 THROUGH 7 OF THIS ACT.
TITLE II OF THE CLEAN AIR ACT //81 STAT. 499; 84 STAT. 1694, 42 USC
1857F-1.// IS AMENDED BY REDESIGNATING SECTION 213 AS SECTION 214 AND BY
ADDING THE FOLLOWING NEW SECTION:
"FUEL ECONOMY IMPROVEMENT FROM NEW MOTOR VEHICLES
"SEC. 213. //42 USC 1857F-6F.// (A)(1) THE ADMINISTRATOR AND THE
SECRETARY OF TRANSPORTATION SHALL CONDUCT A JOINT STUDY, AND SHALL
REPORT TO THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE UNITED
STATES HOUSE OF REPRESENTATIVES AND THE COMMITTEES ON PUBLIC WORKS AND
COMMERCE OF THE UNITED STATES SENATE WITHIN ONE HUNDRED AND TWENTY DAYS
FOLLOWING THE DATE OF ENACTMENT OF THIS SECTION, CONCERNING THE
PRACTICABILITY OF ESTABLISHING A FUEL ECONOMY IMPROVEMENT STANDARD OF 20
PER CENTUM FOR NEW MOTOR VEHICLES MANUFACTURED DURING AND AFTER MODEL
YEAR 1980. SUCH STUDY AND REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE TECHNOLOGICAL PROBLEMS OF MEETING ANY SUCH STANDARD, INCLUDING THE
LEADTIME INVOLVED; THE TEST PROCEDURES REQUIRED TO DETERMINE
COMPLIANCE; THE ECONOMIC COSTS ASSOCIATED WITH SUCH STANDARD, INCLUDING
ANY BENEFICIAL ECONOMIC IMPACT; THE VARIOUS MEANS OF ENFORCING SUCH
STANDARD; THE EFFECT ON CONSUMPTION OF NATURAL RESOURCES, INCLUDING
ENERGY CONSUMED; AND THE IMPACT OF APPLICABLE SAFETY AND EMISSION
STANDARDS. IN THE COURSE OF PERFORMING SUCH STUDY, THE ADMINISTRATOR
AND THE SECRETARY OF TRANSPORTATION SHALL UTILIZE THE RESEARCH
PREVIOUSLY PERFORMED IN THE DEPARTMENT OF TRANSPORTATION, AND THE
ADMINISTRATOR AND THE SECRETARY SHALL CONSULT WITH THE FEDERAL ENERGY
ADMINISTRATOR, THE CHAIRMAN OF THE COUNCIL ON ENVIRONMENTAL QUALITY, AND
THE SECRETARY OF THE TREASURY. THE OFFICE OF MANAGEMENT AND BUDGET MAY
REVIEW SUCH REPORT BEFORE ITS SUBMISSION TO SUCH COMMITTEES OF THE
CONGRESS, BUT SUCH OFFICE MAY NOT REVISE THE REPORT OR DELAY ITS
SUBMISSION BEYOND THE DATE PRESCRIBED FOR ITS SUBMISSION, AND MAY SUBMIT
TO CONGRESS ITS COMMENTS RESPECTING SUCH REPORT. IN CONNECTION WITH
SUCH STUDY, THE SDMINISTRATOR MAY UTILIZE THE AUTHORITY PROVIDED IN
SECTION 307(A) OF THIS ACT //84 STAT. 1707; 85 STAT. 464, 42 USC
1857H-5.// TO OBTAIN NECESSARY INFORMATION.
"(2) FOR THE PURPOSE OF THIS SECTION, THE TERM "FUEL ECONOMY
IMPROVEMENT STANDARD' MEANS A REQUIREMENT OF A PERCENTAGE INCREASE IN
THE NUMBER OF MILES OF TRANSPORTATION PROVIDED BY A MANUFACTURER'S
ENTIRE ANNUAL PRODUCTION OF NEW MOTOR VEHICLES PER UNIT OF FUEL
CONSUMED, AS DETERMINED FOR EACH MANUFACTURER IN ACCORDANCE WITH TEST
PROCEDURES ESTABLISHED BY THE ADMINISTRATOR PURSUANT TO THIS ACT. SUCH
TERM SHALL NOT INCLUDE ANY REQUIREMENT FOR ANY DESIGN STANDARD OR ANY
OTHER REQUIREMENT SPECIFYING OR OTHERWISE LIMITING THE MANUFACTURER'S
DISCRETION IN DECIDING HOW TO COMPLY WITH THE FUEL ECONOMY IMPROVEMENT
STANDARD BY ANY LAWFUL MEANS."
INFORMATION.
(A) FOR THE PURPOSE OF ASSURING THAT THE FEDERAL ENERGY
ADMINISTRATOR, THE CONGRESS, THE STATES, AND THE PUBLIC HAVE ACCESS TO
AND ARE ABLE TO OBTAIN RELIABLE ENERGY INFORMATION, THE FEDERAL ENERGY
ADMINISTRATOR SHALL REQUEST, ACQUIRE, AND COLLECT SUCH ENERGY
INFORMATION AS HE DETERMINES TO BE NECESSARY TO ASSIST IN THE
FORMULATION OF ENERGY POLICY OR TO CARRY OUT THE PURPOSES OF THIS ACT OR
THE ENERGENCY PETROLEUM ALLOCATION ACT OF 1973. //87 STAT. 627, 15 USC
751 NOTE.// THE FEDERAL ENERGY ADMINISTRATOR SHALL PROMPTLY PROMULGATE
RULES PURSUANT TO SUBSECTION (B)(1)(A) OF THIS SECTION REQUIRING REPORTS
OF SUCH INFORMATION TO BE SUBMITTED TO THE FEDERAL ENERGY ADMINISTRATOR
AT LEAST EVERY NINETY CALENDAR DAYS.
(B)(1) IN ORDER TO OBTAIN ENERGY INFORMATION FOR THE PURPOSE OF
CARRYING OUT THE PROVISIONS OF SUBSECTION (A), THE FEDERAL ENERGY
ADMINISTRATOR IS AUTHORIZED--,
(A) TO REQUIRE, BY RULE, ANY PERSON WHO IS ENGAGED IN THE
PRODUCTION, PROCESSING, REFINING, TRANSPORTATION BY PIPELINE, OR
DISTRIBUTION (AT OTHER THAN THE RETAIL LEVEL) OF ENERGY RESOURCES
TO SUBMIT REPORTS;
(B) TO SIGN AND ISSUE SUBPENAS FOR THE ATTENDANCE AND TESTIMONY
OF WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS, PAPERS, AND
OTHER DOCUMENTS;
(C) TO REQUIRE ANY PERSONM, BY GENERAL OR SPECIAL ORDER, TO
SUBMIT ANSWERS IN WRITING TO INTERROGATIORIES, REQUESTS FOR
REPORTS OR FOR OTHER INFORMATION; AND SUCH ANSWERS OR OTHER
SUBMISSIONS SHALL BE MADE WITHIN SUCH REASONABLE PERIOD, AND UNDER
OATH OR OTHERWISE, AS THE FEDERAL ENERGY ADMINISTRATOR MAY
DETERMINE; AND
(D) TO ADMINISTER OATHS.
(2) FOR THE PURPOSE OF VERIFYING THE ACCURACYU OF ANY ENERGY
INFORMATION REQUESTED, ACQUIRED, OR COLLECTED BY THE FEDERAL ENERGY
ADMINISTRATOR, THE FEDERAL ENERGY ADMINISTRATOR, OR ANY OFFICER OR
EMPLOYER DULY DESIGNATED BY HIM, UPON PRESENTING APPROPRIATE CREDENTIALS
AND A WRITTEN NOTICE FOR THE FEDERAL ENERGY ADMINISTRATOR TO THE OWNER,
OPERATOR, OR AGENT IN CHARGE, MAY--,
(A) ENTER, AT REASONABLE TIMES, ANY BUSINESS PREMISE OR
FACILITY; AND
(B) INSPECT, AT REASONABLE TIMES AND IN A REASONABLE MANNER,
ANY SUCH PREMISE OR FACILITY, INVENTORY AND SAMPLE ANY STOCK OF
ENERGY RESOURCES THERIN, AND EXAMINE AND COPY BOOKS, RECORDS,
PAPERS, OR OTHER DOCUMENTS, RELATING TO ANY SUCH ENERGY
INFORMATION.
(3) ANY UNITED STATES DISTRICT COURT WITHIN THE JURISDICTION OF WHICH
ANY INQUIRY IS CARRIED ON MAY, UPON PETITION BY THE ATTORNEY GENERAL AT
THE REQUEST OF THE FEDRAL ENERGY ADMINISTRATOR, IN THE CASE OF REFUSAL
TO OBEY A SUBPENA OR ORDER OF THE FEDERAL ENERGY ADMINISTRATOR ISSUED
UNDER THE SECTION, ISSUE AN ORDER REQUIRING COMPLIANCE THEREWITH; AND
ANY FAILURE TO OBEY THE ORDER OF THE COURT MAY BE PUNISHED BY THE COURT
AS A CONTEMPT THEREOF.
(C)(1) THE FEDERAL ENERGY ADMINISTRATOR SHALL EXERCISE THE
AUTHORITIES GRANTED TO HIM UNDER SUBSECTION (B)(1)(A) TO DEVELOP, WITHIN
THIRTY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT, AS FULL AND
ACCURATE A MEASURE AS IS REASONABLY PRACTICABLE OF--,
(A) DOMESTIC RESERVES AND PRODUCTION;
(B) IMPORTS; AND
(C) INVENTORIES;
OF CRUDE OIL, RESIDUAL FUEL OIL, REFINED PETROLEUM PRODUCTS, NATURAL
GAS, AND COAL.
(2) FOR EACH CALENDAR QUARTER BEGINNING WITH THE FIRST COMPLETE
CALENDAR QUARTER FOLLOWING THE DATE OF ENACTMENT OF THIS ACT, THE
FEDERAL ENERGY ADMINISTRATOR SHALL DEVELOP AND PUBLISH A REPORT
CONTAINING THE FOLLOWING ENERGY INFORMATION:
(A) IMPORTS OF CRUDE OIL, RESIDUAL FUEL OIL, REFINED PETROLEUM
PRODUCTS (BY PRODUCT), NATURAL GAS, AND COAL, IDENTIFYING (WITH
RESPECT TO EACH SUCH OIL, PRODUCT, GAS, OR COAL) COUNTRY OF
ORIGIN, ARRIVAL POINT, QUANTITY RECEIVED, AND THE GEOGRAPHIC
DISTRIBUTION WITHIN THE UNITED STATES.
(B) DOMESTIC RESERVES AND PRODUCTION OF CRUDE OIL, NATURAL GAS,
AND COAL.
(C) REFINERY ACTIVITIES, SHOWING FOR EACH REFINERY WITHIN THE
UNITED STATES (I) THE AMOUNTS OF CRUDE OIL RUN BY SUCH REFINERY,
(II) AMOUNTS OF CRUDE OIL ALLOCATED TO SUCH REFINERY PURSUANT TO
REGULATIONS AND ORDERS OF THE FEDERAL ENERGY ADMINISTRATOR, HIS
DELEGATE PURSUANT TO THE EMERGENCY PETROLEUM ALLOCATION ACT OF
1973, OR ANY OTHER PERSON AUTHORIZED BY LAW TO ISSUE REGULATIONS
AND ORDERS WITH RESPECT TO THE ALLOCATION OF CRUDE OIL, (III)
PERCENTAGE OF REFINERY CAPACITY UTILIZED, AND (IV) AMOUNTS OF
PRODUCTS REFINED FORM SUCH CRUDE OIL.
(D) REPORT OF INVENTORIES, ON A NATIONAL, REGIONAL, AND
STATEBY-STATE BASIS--,
(I) OF VARIOUS REFINED PETROLEUM PRODUCTS, RELATING REFINERS,
REFINERIES, SUPPLIERS TO REFINERS, SHARE OF MARKET, AND ALLOCATION
FRACTIONS;
(II) OF VARIOUS REFINED PETROLEUM PRODUCTS, PREVIOUS QUARTER
DELIVERIES AND ANTICIPATED THREE-MONTH AVAILABLE SUPPLIES;
(III) OF ANTICIPATED MONTHLY SUPPLY OF REFINED PETROLEUM
PRODUCTS, AMMOUNT OF SET-ASIDE FOR ASSIGNMENT BY THE STATE,
ANTICIPATED STATE REQUIREMENTS, EXCESS OR SHORTFALL OF SUPPLY, AND
ALLOCATION FRACTION OF BASE YEAR; AND
(IV) OF LPG BY STATE AND OWNER: QUANTITIES STORED, AND
EXISTING CAPACITIES, AND PREVIOUS PRIORITIES ON TYPES, INVENTORIES
OF SUPPLIERS, AND CHANGES IN SUPPLIER INVENTORIES.
(D) UPON A SHOWING SATISFACTORY TO THE FEDERAL ENERGY ADMINISTRATOR
BY ANY PERSON THAT ANY ENERGY INFORMATION OBTAINED UNDER THIS SECTION
FROM SUCH PERSON WOULD, IF MADE PUBLIC, DIVULGE METHODS OR PROCESSES
ENTITLED TO PROTECTION AS TRADE SECRETS OR OTHER PROPRIETARY INFORMATION
OF SUCH PERSON, SUCH INFORMATION, OR PORTION THEREOF, SHALL BE
CONFIDENTIAL IN ACCORDANCE WITH THE PROVISIONS OF SECTION 1905 OF TITLE
18, UNITED STATES CODE; //62 STAT. 791.// EXCEPT THAT SUCH INFORMATION,
OR PART THEREOF, SHALL NOT BE DEEMED CONFIDENTIAL FOR PURPOSES OF
DISCLOSURE, UPON REQUEST, TO (1) ANY DELEGATE OF THE FEDERAL ENERGY
ADMINISTRATOR FOR THE PURPOSE OF CARRYING OUT THIS ACT AND THE EMERGENCY
PETROLEUM ALLOCATION ACT OF 1973, //87 STAT. 627, 15 USC 751 NOTE.// (2)
THE ATTORNEY GENERAL, THE SECRETARY OF THE INTERIOR, THE FEDERAL TRADE
COMMISSION, THE FEDERAL POWER COMMISSION, OR THE GENERAL ACCOUNTING
OFFICE, WHIN NICESSARY TO CARRY OUT THOSE AGENCIES' DUTIES AND
RESPONSIBILITIES UNDER THIS AND OTHER STATUTES, AND (3) THE CONGRESS, OR
ANY COMMITTEE OF CONGRESS UPON REQUEST OF THE CHAIRMAN.
(E) AS USED IN THIS SECTION:
(1) THE TERM "INERGY INFORMATION" INCLUDES (A) ALL INFORMATION
IN WHATEVER FORM ON (I) FUEL RESERVES, EXPLORATION, EXTRACTION,
AND EVERGY RESOURCES (INCLUDING PETROCHEMICAL FEEDSTOCKS) WHEREVER
LOCATED; (II) PRODUCTION, DISTRIBUTION, AND CONSUMPTION OF ENERGY
AND FUELS WHEREVER CARRIED ON ; AND (B) MATTERS RELATING TO
ENERGY AND FUELS, SUCH AS CORPORATE STRUCTURE AND PROPRIETARY
RELATIONSHIPS, COSTS, PRICES, CAPITAL INVESTMENT, AND ASSETS, AND
OTHER MATTERS DIRECTLY RELATED THERETO, WHEREVER THEY EXIST.
(2) THE TERM "PERSON" MEANS ANY NATURAL PERSON, CORPORATION,
PARTNERSHIP, ASSOCIATION, CONSORTIUM, OR ABY ENTITY ORGANIZED FOR
A COMMON BUSINESS PURPOSE, WHEREVER SITUATED, DOMICILED, OR DOING
BUSINESS, WHO DIRECTLY OR THROUGH OTHER PERSONS SUBJECT TO THEIR
CONTROL DOES BUSINESS IN ANY PART OF THE UNITED STATES.
(3) THE TERM "UNITED STATES WHEN USED IN THE GEOGRAPHICAL SENSE
MEANS THE STATES, THE DISTRICT OF COLUMBIA, PUERTO RICO, AND THE
TERRITORIES AND POSSESSIONS OF THE UNITED STATES.
(F) INFORMATION OBTAINED BY THE ADMINISTRATION UNDER AUTHORITY OF
THIS ACT SHALL BE AVAILABLE TO THE PUBLIC IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 552 OF TITLE 5, UNITED STATES CODE. //81 STAT.
54//
(G) (1) THE AUTHORITY CONTAINED IN THIS SECTION IS IN ADDITION TO,
INDEPENDENT OF, NOT LIMITED BY, AND NOT IN LIMITATION OF, ANY OTHER
AUTHORITY OF THE FEDERAL ENERGY ADMINISTRATOR.
(2) THE PROVISIONS OF THIS SECTION EXPIRE AT MIDNIGHT, JUNE 30, 1975,
BUT SUCH EXPIRATION SHALL NOT AFFECT ANY ADMINISTRATIVE OR JUDICIAL
PROCEEDING WHICH RELATES TO ANY ACT OR FAILURE TO ACT IF SUCH ACT OR
FAILURE TO ACT WAS NOT IN COMPLIANCE WITH THE REQUIREMENTS AND
AUTHORITIES OF THIS SECTION AND OCCURRED PRIOR TO MIDNIGHT, JUNE 30,
(A) IT SHALL BE UNLAWFUL FOR ANY PERSON TO VIOLATE ANY PROVISION OF
SECTION 2 (RELATING TO COAL CONVERSION AND ALLOCATION) OR SECTION 11
(RELATING TO ENERGY INFORMATION) OR TO VIOLATE ANY RULE, REGULATION, OR
ORDER ISSUED PURSUANT TO ANY SUCH PROVISION.
(B)(1) WHOEVER VIOLATES ANY PROVISION OF SUBSECTION (A) SHALL BE
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN $2,500 FOR EACH VIOLATION.
(2) THOEVER WILLFULLY VIOLATES ANY PROVISION OF SUBSECTION (A) SHALL
BE FINED NOT MORE THAN $5,000 FOR EACH VIOLATION.
(3) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OFFER FOR SALE OR
DISTRIBUTE IN COMMERCE ANY COAL IN VIOLATION OF AN ORDER OR REGULATION
ISSUED PURSUANT TO SECTION 2(D). ANY PERSON WHO KNOWINGLY AND WILLFULLY
VIOLATES THIS PARAGRAPH AFTER HAVING BEEN SUBJECTED TO A CIVIL PENALTY
FOR A PRIOR VIOLATION OF THE SAME PROVISION OF ANY ORDER OR REGULATION
ISSUED PURSUANT TO SECTION 2(D) SHALL BE FINED NOT MORE THAN $50,000, OR
IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH.
(4) WHENEVER IT APPEARS TO THE FEDERAL ENERGY ADMINISTRATOR OR ANY
PERSON AUTHORIZED BY THE FEDERAL ENERGY ADMINISTRATOR TO EXERCISE
AUTHORITY UNDER THIS SECTION 2 OR SECTION 11 OF THIS ACT THAT ANY
INDIVIDUAL OR ORGANIZATION HAS ENGAGED, IS ENGAGED, OR IS ABOUT TO
ENGAGE IN ACTS OR PRACTICES CONSTITUTING A VIOLATION OF SUBSECTION ( (A)
THE FEDERAL ENERGY ADMINISTRATOR OR SUCH PERSON MAY REQUEST THE ATTORNEY
GENERAL TO BRING A CIVIL ACTION TO ENJOIN SUCH ACTS OR PRACTICES, AND
UPON A PROPER SHOWING, A TEMPORARY RESTRAINING ORDER OR A PRELIMINARY OR
PERMANENT INJUNCTION SHALL BE GRANTED WITHOUT BOND. IN SUCH ACTION, THE
COURT MAY ALSO ISSUE MANDATORY INJUNCTIONS COMMANDING ANY PERSON TO
COMPLY WITH ANY PROVISION, THE VIOLATION OF WHICH IS PROHIBITED BY
SUBSECTION (A).
(5) ANY PERSON SUFFERING LEGAL WRONG BECAUSE OF ANY ACT OR PRACTICE
ARISING OUT OF ANY VIOLATION OS SUBSECTION (A) MAY BRING A CIVIL ACTION
FOR APPROPRIATE RELIEF, INCLUDING AN ACTION FOR A DECLARATORY JUDGMENT
OR WRIT OF INJUNCTION. UNITED STATES DISTRICT COURTS SHALL HAVE
JURISDICTION OF ACTIONS UNDER THIS PARAGRAPH WITHOUT REGARD TO THE
AMOUNT IN CONTROVERSY. NOTHING IN THIS PARAGRAPH SHALL AUTHORIZE ANY
PERSON TO RECOVER DAMAGES.
(A) SECTION 104(C) OF THE CLEAN AIR ACT //87 STAT. 11, 42 USC 1857 B
- 1.// IS AMENDED BY STRIKING "AND $150,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1974" AND INSERTING IN LIEU THEREOF, "$150,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1974, AND $150,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1975."
(B) SECTION 212(I) OF SUCH ACT //42 USC 1857F - 6E.// IS AMENDED BY
STRIKING "THREE SUCCEEDING FISCAL YEARS." AND INSERTING IN LIEU THEREOF
"FOUR SUCCEEDING FISCAL YEARS.".
(C) SECTION 316 OF SUCH ACT //42 USC 15871.// IS AMENDED BY STRIKING
" THREE SUCCEEDING FISCAL YEARS." AND INSERTING IN LIEU THEREOF ",
$300,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND $300,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975".
(A) FOR PURPOSES OF THIS ACT AND THE CLEAN AIR ACT //81 STAT. 485;
84 STAT. 1676. 42 USC 1857.// THE TERM "FEDERAL ENERGY ADMINISTRATOR"
MEANS THE ADMINISTRATOR OR THE FEDERAL ENERGY ADMINISTRATION ESTABLISHED
BY THE FEDERAL ENERGY ADMINISTRATION ACT OF 1974 (PUBLIC LAW 93 - 275);
//ANTE, P. 96.// EXCEPT THAT UNTIL SUCH ADMINISTRATOR TAKES OFFICE AND
AFTER SUCH ADMINISTRATION CEASES TO EXIST, SUCH TERM MEANS ANY OFFICER
OF THE UNITED STATES DESIGNATED AS FEDERAL ENERGY ADMINISTRATOR BY THE
PRESIDENT FOR PURPOSES OF THIS ACT AND SECTION 119 OF THE CLEAN AIR ACT.
//ANTE, P. 248.//
(B) FOR PURPOSES OF THIS ACT, THE TERM "PETROLEUM PRODUCT" MEANS
CRUDE OIL, RESIDUAL FUEL OIL, OR ANY REFINED PETROLEUM PRODUCT (AS
DEFINED IN SEDTION 3(5) OF THE EMERGENCY PETROLEUM ALLOCATION ACT OF
1973). //87 STAT. 628. 15 USC 752.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1013 (COMM. ON. INTERSTATE AND FOREIGN
COMMERCE) AND NO. 93 - 1085 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 1, CONSIDERED AND PASSED HOUSE.
MAY 14, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 11, HOUSE AGREED TO CONFERENCE REPORT.
JUNE 12, SENATE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUNENTS, VOL. 10, NO. 26:
JUNE 26, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-318, 88 STAT 244.
BE IT ENACTED BY THE SENATE AND HOUSE REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. //31 USC 488V-3.// AS USED IN THIS ACT--,
(1) THE TERM "WOODSY OWL" MEANS THE NAME AND REPRESENTATION OF
A FANCIFUL OWL, WHO WEARS SLACKS (FOREST GREEN WHEN COLORED), A
BELT (BROWN WHEN COLORED), AND A ROBIN HOOD STYLE HAT (FOREST
GREEN WHEN COLORED) WITH A FEATHER (RED WHEN COLORED), AND WHO
FURTHERS THE SLOGAN, "GIVE A HOOT, DON'T POLLUTE", ORIGINATED BY
THE FOREST SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE;
(2) THE TERM "SMOKEY BEAR" MEANS THE NAME AND CHARACTER "SMOKEY
BEAR" ORIGINATED BY THE FOREST SERVICE OF THE UNITED STATES
DEPARTMENT OF AGRICULTURE IN COOPERATION WITH THE ASSOCIATION OF
STATE FORESTERS AND THE ADVERTISING COUNCIL.
(3) THE TERM "SECRETARY" MEANS THE SECRETARY OF AGRICULTURE.
SEC. 2. //31 USC 488B-4.// THE FOLLOWING ARE HEREBY DECLARED THE
PROPERTY OF THE UNITED STATES:
(1) THE NAME AND CHARACTER "SMOKEY BEAR".
(2) THE NAME AND CHARACTER "WOODSY OWL" AND THE ASSOCIATED
SLOGAN. "GIVE A HOOT, DON'T POLLUTE".
SEC. 3. //31 USC 488B-5.// (A) THE SECRETARY MAY ESTABLISH AND
COLLECT USE OR ROYALTY FEES FOR THE MANUFACTURE, REPRODUCTION, OR USE OF
THE NAME OR CHARACTER "WOODSY OWL" AND THE ASSOCIATED SLOGAN, "GIVE A
HOOT, DON'T POLLUTE", AS A SYMBOL FOR A PUBLIC SERVICE CAMPAIGN TO
PROMOTE WISE USE OF THE ENVERONMENT AND PROGRAMS WHICH FOSTER
MAINTENANCE AND IMPROVEMENT OF ENVIRONMENTAL QUALITY.
(B) THE SECRETARY SHALL DEPOSIT INTO A SPECIAL AMOUNT ALL FEES
COLLECTED PURSUANT TO THIS ACT. SUCH FEES ARE HEREBY MADE AVAILABLE FOR
OBLIGATION AND EXPENDITURE FOR THE PURPOSES OF FURTHERING THE "WOODSY
OWL" CAMPAIGN.
SEC. 4. //31 USC 488B-6.// (A) WHOEVER, EXCEPT AS PROVIDED BY RULES
AND REGULATIONS ISSUED BY THE SECRETARY, MANUFACTURERS, USES, OR
REPRODUCES THE CHARACTER "SMOKEY BEAR" OR THE NAME "SMOKEY BEAR", OR A
FACSIMILE OR SIMULATION OF SUCH CHARACTER OR NAME IN SUCH A MANNER AS
SUGGESTS "SMOKEY BEAR" MAY BE ENJOINED FROM SUCH MANUFACTURE, USE, OR
REPRODUCTION AT THE SUIT OF THE ATTORNEY GENERAL UPON COMPLAINT BY THE
SECRETARY.
(B) WHOEVER, EXCEPT AS PROVIDED BY RULES AND REGULATIONS ISSUED BY
THE SECRETARY, MANUFACTURES, USES, OR REPRODUCES THE CHARACTER "WOODSY
OWL", THE NAME "WOODSY OWL", OR THE SLOGAN "GIVE A HOOT, DON'T POLLUTE",
OR A FACSIMILE OR SIMULATION OF SUCH CHARACTER, NAME, OR SLOGAN IN SUCH
A MANNER AS SUGGESTS "WOODSY OWL" MAY BE ENJOINED FROM SUCH MANUFACTURE,
USE, OR REPRODUCTION AT THE SUIT OF THE ATTORNEY GENERAL UPON COMPLAINT
BY THE SECRETARY.
SEC. 5. SECTION 711 OF TITLE 18 OF THE UNITED STATES CODE IS
AMENDED-- //66 STAT. 92.//
(1) BY INSERTING "AND FOR PROFIT" IMMEDIATELY AFTER "KNOWLING",
AND
(2) BY DELETING "AS TRADE NAME OR IN SUCH MANNER AS SUGGESTS
THE CHARACTER 'SMOKEY BEAR'".
SEC. 6. CHAPTER 33 OF TITLE 18 OF THE UNITED STATES CODE IS AMENDED
//18 USC 700.// BY ADDING AFTER SECTION 711 A NEW SECTION, AS FOLLOWS:
"WHOEVER, EXCEPT AS AUTHORIZED UNDER RULES AND REGULATIONS ISSUED BY
THE SECRETARY, KNOWINGLY AND FOR PROFIT MANUFACTURES, REPRODUCES, OR
USES THE CHARACTER, 'WOODSY OWL', THE NAME 'WOODSY OWL', OR THE
ASSOCIATED SLOGAN, 'GIVE A HOOT, DON'T POLLUTE' SHALL BE FINED NOT MORE
THAN $250 OR IMPRISONED NOT MORE THAN SIX MONTHS, OR BOTH.".
SEC. 7. SECTION 3 OF THE ACT ENTITLED "AN ACT PROHIBITING THE
MANUFACTURE OR USE OF THE CHARACTER "SMOKEY BEAR' BY UNATHORIZED
PERSONS" (31 U.S.C. 488A ) //66 STAT. 92.// IS AMENDED BY STRIKING OUT
"UNDER THE PROVISIONS OF SECTION 711 OF TITLE 18".
SEC. 8. THE TABLE OF SECTIONS OF CHAPTER 33 OF TITLE 18, UNITED
STATES CODE, IS AMENDED BY INSERTING IMMEDIATELY AFTER THE ITEM RELATING
TO SECTION 711 OF THE FOLLOWING: "711A. 'WOODSY OWL' CHARACTER, NAME,
OR SLOGAN.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 948 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 205 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JUNE 14, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): APR. 2, CONSIDERED AND PASSED HOUSE,
AMENDED.
JUNE 18, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-317, 88 STAT 244
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF THE ARMY
IS AUTHORIZED TO PERMIT WITHIN 18 MONTHS AFTER THE DATE OF ENACTMENT OF
THIS JOINT RESOLUTION, ONE PERSON, WHO IS A CITIZEN OF THE KINGDOM OF
LAOS, TO RECEIVE INSTRUCTION AT THE UNITED STATES MILITARY ACADEMY, BUT
THE UNITED STATES SHALL NOT BE SUBJECT TO ANY EXPENSE ON ACCOUNT OF SUCH
INSTRUCTION.
SEC. 2. EXCEPT AS MAY BE OTHERWISE DETERMINED BY THE SECRETARY OF
THE ARMY, THE SAID PERSON SHALL, AS A CONDITION TO RECEIVING INSTRUCTION
UNDER THE PROVISIONS OF THIS JOINT RESOLUTION, AGREE TO BE SUBJECT TO
THE SAME RULES AND REGULATIONS GOVERNING ADMISSION, ATTENDANCE,
DISCIPLINE, RESIGNATION, DISCHARGE, DISMISSAL, AND GRADUATION, AS CADETS
AT THE UNITED STATES MILITARY ACADEMY APPOINTED FROM THE UNITED STATES,
BUT HE SHALL NOT BE ENTITLED TO APPOINTMENT TO ANY OFFICE OR POSITION IN
THE ARMED FORCES OF THE UNITED STATES BY REASON OF HIS GRADUATION FROM
THE UNITED STATES MILITARY ACADEMY, OR SUBJECT TO AN OATH OF ALLEGIANCE
TO THE UNITED STATES OF AMERICA.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1058 ACCOMPANYING H. J. RES. 876 (COMM. ON
ARMED SERVICES).
SENATE REPORT NO. 93 - 887 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 3, CONSIDERED AND PASSED SENATE.
JUNE 12, CONSIDERED AND PASSED HOUSE, IN LIEU OF H. J. RES.
876.
PUBLIC LAW 93-316, 88 STAT 240, NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION AUTHORIZATION ACT, 1975.
BE IT ENACTED BY THE SENATE AND HOUSE REPRESENTATIVES OF THE UNITED
STATES OF AMERICA 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, $805,000,000;
(2) SPACE FLIGHT OPERATIONS, $313,300,000;
(3) ADVANCED MISSIONS, $1,500,000;
(4) PHYSICS AND ASTRONOMY, $140,515,000;
(5) LUNAR AND PLANATERY EXPLORATION, $266,000,000;
(6) LAUNCH VEHICLE PROCUREMENT, $143,500,000;
(7) SPACE APPLICATIONS, $196,300,000, OF WHICH $2,000,000 IS
DESIGNATED FOR RESEARCH ON SHORT TERM WEATHER PHENOMENA; AND
$1,000,000 IS DESIGNATED FOR RESEARCH ON GROUND PROPULSION
SYSTEMS;
(8) AERONAUTICAL RESEARCH AND TECHNOLOGY, $171,500,000;
(9) SPACE AND NUCLEAR RESEARCH AND TECHNOLOGY, $79,700,000, OF
WHICH $1,000,000 IS DESIGNATED FOR RESEARCH ON HYDROGEN PRODUCTION
AND UTILIZATION SYSTEMS;
(10) TRACKING AND DATA ACQUISITION, $250,000,000;
(11) TECHNOLOGY UTILIZATION, $5,500,000;
(B) FOR "CONSTRUCTION OF FACILITIES," INCLUDING LAND ACQUISITION, AS
FOLLOWS:
(1) ADDITION TO FLIGHT AND GUIDANCE SIMULATION LABORATORY, AMES
RESEARCH CENTER, $3,660,000;
(2) REHABILITATION AND MODIFICATION OF SCIENCE AND APPLCATIONS
LABORATORIES, GODDARD SPACE FLIGHT CENTER, $890,000;
(3) MODIFICATIONS FOR FIRE PROTECTION AND SAFETY, GODDARD SPACE
FLIGHT CENTER, $1,220,000;
(4) ACQUISITION OF LAND, JET PROPULSION LABORATORY,
$150,000;
(5) ADDITION TO SYSTEMS DEVELOPMENT LABORATORY, JET PROPULSION
LABORATORY, $4,880,000;
(6) ADDITION FOR INTEGRATED SYSTEMS TESTING FACILITY, JET
PROPULSION LABORATORY, $3,790,000;
(7) MODIFICATION OF WATER SUPPLY SYSTEM, LYNDON B. JOHNSON
SPACE CENTER, $935,000;
(8) MODIFICATION OF 6,000 POUNDS PER SQUARE INCH AIR STORAGE
SYSTEM, LANGLEY RESEARCH CENTER, $515,000;
(9) REHABILITATION OF 16-FOOT TRANSONIC WIND TUNNEL, LANGLEY
RESEARCH CENTER, $2,990,000;
(10) MODIFICATION OF PROPULSION SYSTEMS LABORATORY, LEWIS
RESEARCH CENTER, $2,580,000;
(11) MODIFICATION OF ROCKET ENGINE TEST FACILITY, LEWIS
RESEARCH CENTER, $660,000;
(12) CONSTRUCTION OF X-RAY TELESCOPE FACILITY, MARSHALL SPACE
FLIGHT CENTER, $4,060,000;
(13) MODIFICATION OF BEACH PROTECTION SYSTEM, WALLOPS STATION,
$1,370,000;
(14) CONSTRUCTION OF INFRARED TELESCOPE FACILITY, MAUNA KEA,
HAWAII, $6,040,000;
(15) MODIFICATIONS FOR FIRE PROTECTION AND SAFETY AT VARIOUS
TRACKING AND DATA STATIONS, $1,430,000;
(16) SPACE SHUTTLE FACILITIES AT VARIOUS LOCATIONS AS
FOLLOWS:
(A) CONSTRUCTION OF ORBITER LANDING FACILITIES, JOHN F.
KENNEDY SPACE CENTER, $15,880,000;
(B) CONSTRUCTION OF ORBITER PROCESSING FACILITY, JOHN F.
KENNEDY SPACE CENTER, $13,380,000;
(C) MODIFICATIONS TO LAUNCH COMPLEX 39, JOHN F. KENNEDY SPACE
CENTER, $37,690,000;
(D) MODIFICATIONS FOR DYNAMIC TEST FACILITIES, MARSHALL SPACE
FLIGHT CENTER, AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
INDUSTRIAL PLANT, DOWNEY, CALIFORNIA, $3,920,000;
(E) CONSTRUCTION OF ORBITER HORIZONTAL FLIGHT TEST FACILITIES,
FLIGHT RESEARCH CENTER, $3,940,000;
(F) MODIFICATIONS FOR CREW TRAINING FACILITIES, LYNDON B.
JOHNSON SPACE CENTER, $420,000;
(G) MODIFICATION OF THE VIBRATION AND ACOUSTIC TEST FACILITY,
LYNDON B. JOHNSON SPACE CENTER, $410,000;
(H) CONSTRUCTION OF MATERIALS TEST FACILITY, WHITE SANDS TEST
FACILITY, $790,000;
(I) MODIFICATIONS FOR SOLID ROCKET BOOSTER STRUCTURAL TEST
FACILITIES, MARSHALL SPACE FLIGHT CENTER, $2,590,000;
(17) REHABILITATION AND MODIFICATION OF FACILITIES AT VARIOUS
LOCATIONS, NOT IN EXCESS OF $500,000 PER PROJECT, $14,900,000;
(18) MINOR CONSTRUCTION OF NEW FACILITIES AND ADDITIONS TO
EXISTING FACILITIES AT VARIOUS LOCATIONS NOT IN EXCESS OF $250,000
PER PROFECT, $4,500,000;
(19) FACILITY PLANNING AND DESIGN NOT OTHERWISE PROVIDED FOR,
$10,900,000.
(C) FOR "RESEARCH AND PROGRAM MANAGEMENT", $749,624,000, 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
PREFORMANCE 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" PURSUANT TO THIS ACT MAY BE
USED IN ACCORDANCE WITH THIS SUBSECTION FOR THE CONSTRUCTION OF ANY
MAJOR FACILITY, THE ESTIMATED COST OF WHICH, INCLUDING COLLATERAL
EQUIPMENT, EXCEEDS $250,000, UNLESS THE ADMINISTRATOR OR HIS DESIGNEE
HAS NOTIFIED THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE
PRESIDENT OF THE SENATE AND THE COMMITTEE ON SCIENCE AND ASTRONAUTICS 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 TWELVE MONTHS BEGINNING AT
ANY TIME DURING THE FISCAL YEAR.
(F) APPROPRIATIONS MADE PURSUANT TO SUBSECTION 1(C) MAY BE USED, BUT
NOT TO EXCEED $35,000, FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY
EXPENSES UPON THE APPROVAL OR AUTHORITY OF THE ADMINISTRATOR AND HIS
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 $10,000 FOR EACH PROJECT, INCLUDING COLLATERAL
EQUIPMENT, MAY BE USED FOR CONSTRUCTION OF NEW FACILITIES AND ADDITIONS
TO EXISTING FACILITIES, AND NOT IN EXCESS OF $25,000 FOR EACH PROJECT,
INCLUDING COLLATERAL EQUIPMENT, MAY BE USED FOR REHABILITATION OR
MODIFICATION OF FACILITIES: PROVIDED, THAT OF THE FUNDS APPROPRIATED
PURSUANT TO SUBSECTION 1(A), NOT IN EXCESS OF $250,000 FOR EACH PROJECT,
INCLUDING COLLETERAL EQUIPMENT, MAY BE USED FOR ANY OF THE FOREGOING FOR
UNFORSEEN PROGRAMMATIC NEEDS.
(H) THE AUTHORIZATION FOR THE APPROPRIATION TO THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION OF $10,900,000 WHICH AMOUNT
REPRESENTS THAT PART OF THE AUTHORZATION PROVIDED FOR IN SECTION 1(B)(
12) (I) OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
AUTHORIZATION ACT, 1974, //87 STAT. 171.// FOR WHICH APPROPRIATIONS HAVE
NOT BEEN MADE, SHALL EXPIRE ON THE DATE OF THE ENACTMENT OF THIS ACT.
SEC. 2. AUTHORIZATION IS HEREBY GRANTED WHEREBY ANY OF THE AMOUNTS
PRESCRIBED IN PARAGRAPHS (1) THROUGH (18), INCLUSIVE, OF SUBSECTION 1(
B) MAY, IN THE DISCRETION OF THE ADMINISTRATOR OR HIS DESINGEE, BE
VARIED UPWARD 10 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 (19) OF SUCH SUBSECTION) SHALL BE AVAILABLE FOR
EXPENDITURE TO CONSTRUCT, EXPAND, OR MODIFY LABORITORIES 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 INEREEST OF THE
NATION IN AERONAUTICAL AND SPACE ACTIVITIES. THE FUNDS SO MADE
AVAILABLE MAY BE EXPENDED TO ACQUIRE, CONSTRUCT, CONVERT, REGABILITATE,
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 DATYS 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
ASTRONAUTICS 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 ASTRONAUTICS OR
THE SENATE COMMITTEE ON AERONAUTICAL AND SPACE SCIENCES,
(2) NO AMOUNT 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 WRITTEN NOTICE 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 2549 NOTE.//
SEC. 6. SECTION 203(B)(9) OF THE NATIONAL AERONAUTICS AND SPACE ACT
OF 1958, AS AMENDED (42 U.S.C. 2473(B)(9), //72 STAT. 429.// IS AMENDED
TO READ AS FOLLOWS:
"(9) TO OBTAIN SERVICES AS AUTHORIZED BY SECTION 3109 OF TITLE
5, UNITED STATES CODE, BUT AT RATES FOR INDIVIDUALS NOT TO EXCEED
THE PER DIEM RATE EQUIVALENT TO THE RATE FOR GS-18;". //80 STAT.
416, 5 USC 5332 NOTE.//
SEC. 7. THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION IS
AUTHORIZED, WHEN SO PROVIDED IN AN APPROPRIATION ACT, //42 USC 2463.//
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. 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. TITLE TO ANY FACILITIES WHICH MAY BE REQUIRED
IN THE PERFORMANCE OF THE CONTRACT AND CONSTRUCTED ON GOVERNMENT-OWNED
LAND SHALL VEST IN THE UNITES STATES UPON THE TERMINATION OF THE
CONTRACT. THE ADMINISTRATOR SHALL IN JANUARY OF EACH YEAR REPORT TO THE
COMMITTEE ON SCIENCE AND ASTRONAUTICS 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. 8. THIS ACT MAY BE CITED AS THE "NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION AUTHORIZATION ACT, 1975".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 983 (COMM. ON SCIENCE AND ASTRONAUTICS) AND
NO. 93 - 1078 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 818 (COMM. ON AERONAUTICAL AND SPACE
SCIENCES) AND NO. 93 - 886 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 25, CONSIDERED AND PASSED HOUSE.
MAY 9, CONSIDERED AND PASSED SENATE, AMENDED.
MAY 30, SENATE AGREED TO CONFERENCE REPORT.
JUNE 12, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-315, 88 STAT 239, INTERNATIONAL ECONOMIC POLICY ACT OF
1972, AMENDMENTS
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE INTERNATIONAL
ECONOMIC POLICY ACT OF 1972, AS AMENDED, //86 STAT. 649; 87 STAT. 448,
22 USC 2849.// IS FURTHER AMENDED BY STRIKING OUT SECTION 210 AND
INSERTING IN LIEU THEREOF THE FOLLOWING:
"SEC. 210. FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS
TITLE, THERE IS AUTHORIZED TO BE APPROPRIATED $1,800,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1975.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1066 (COMM. ON BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 775 ACCOMPANYING S. 2986 (COMM. ON BANKING,
HOUSING AND URBAN AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 29, MAY 1, 9, S. 2986 CONSIDERED IN SENATE.
JUNE 13, CONSIDERED AND PASSED HOUSE.
JUNE 19, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-314, 88 STAT 239.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 910 OF
TITLE 44, UNITED STATES CODE, IS AMENDED TO READ AS FOLLOWS: //82 STAT.
1260.//
CURRENT,
INDIVIDUAL NUMBERS, AND BOUND SETS; POSTAGE RATE
"(A) UNDER THE DIRECTION OF THE JOINT COMMITTEE, THE PUBLIC PRINTER
MAY SELL--,
"(1) SUBSCRIPTIONS TO THE DAILY RECORD; AND
"(2) CURRENT, INDIVIDUAL NUMBERS, AND BOUND SETS OF THE
CONGRESSIONAL RECORD.
"(B) THE PRICE OF A SUBSCRIPTION TO THE DAILY RECORD AND OF CURRENT,
INDIVIDUAL NUMBERS, AND BOUND SETS SHALL BE DETERMINIED BY THE PUBLIC
PRINTER BASED UPON THE COST OF PRINTING AND DISTRIBUTION. ANY SUCH
PRICE SHALL BE PAID IN ADVANCE. THE MONEY FROM ANY SUCH SALE SHALL BE
PAID INTO THE TREASURY AND ACCOUNTED FOR IN THE PUBLIC PRINTER'S ANNUAL
REPORT TO CONGRESS.
"(C) THE CONGRESSIONAL RECORD SHALL BE ENTITLED TO BE MAILED AT THE
SAME RATES OF POSTAGE AT WHICH ANY NEWSPAPER OR OTHER PERIODICAL
PUBLICATION, WITH A LEGITIMATE LIST OF PAID SUBSCRIBERS, IS ENTITLED TO
BE MAILED.".
(B) SECTION 906 OF SUCH TITLE 44 IS AMENDED--, //89 STAT. 528.//
(1) BY STRIKING OUT OF THE SECTION CAPTION THE LAST SEMICOLON
AND "SUBSCRIPTIONS"; AND
(2) BY STRIKING OUT THE LAST FULL PARAGRAPH THEREOF. //84
STAT. 303.//
(C) THE ANALYSIS OF CHAPTER 9 OF SUCH TITLE 44, IMMEDIATELY PRECEDING
SECTION 901, IS AMENDED--,
(1) BY STRIKING OUT OF ITEM 906 THE LAST SEMICOLON AND
"SUBSCRIPTION"; AND
(2) BY STRIKING OUT ITEM 910 AND INSERTING IN LIEU THEREOF THE
FOLLOWING:
"910. CONGRESSIONAL RECORD: SUBSCRIPTIONS; SALE OF CURRENT, INDIVIDUAL
NUMBERS, AND BOUND SETS; POSTAGE RATE.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1069 (COMM. ON HOUSE ADMINISTRATION).
SENATE REPORT NO. 93 - 824 (COMM. ON RULES AND ADMINISTRATION).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 7, CONSIDERED AND PASSED SENATE.
JUNE 4, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-313, 88 STAT. 238.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ACT ENTITLED
"AN ACT TO PROVIDE ADDITIONAL FUNDS FOR CERTAIN WILDLIFE RESTORATION
PROJECTS, AND FOR OTHER PURPOSES", APPROVED OCTOBER 25, 1972 (PUBLIC LAW
92 - 558, 86 STAT. 1172 - 1173), IS AMENDED BY STRIKING OUT "JULY 1,
1974" IN SECTIONS 101(C) AND 201(B) GHEREOF AND INSERTING IN LIEU
THEREOF "JANUARY 1, 1975". //16 USC 669B NOTE, 669C NOTE, 26 USC 4161
NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 929 (COMM. ON MERCHANT MARINE AND
FISHERIES".
SENATE REPORT NO. 93 - 852 (COMM. ON COMMERCE)9
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 2, CONSIDERED AND PASSED HOUSE.
MAY 21, CONSIDERED AND PASSED SENATE; PROCEEDINGS VACATED.
MAY 22, RECONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-312, 88 STAT 237, DEPARTMENT OF STATE APPROPRIATIONS
AUTHORIZATION ACT OF 1973, AMENDMENTS
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
AUTHORIZATION OF APPROPRIATIONS
SECTION 1. SECTION 2(A) (1) OF THE DEPARTMENT OF STATE
APPROPRIATIONS AUTHORIZATION ACT OF 1973 (87 STAT. 451), PROVIDING
AUTHORIZATION OS APPROPRIATIONS FOR THE ADMINISTRATION OF FOREIGN
AFFAIRS, IS AMENDED BY STRIKING OUT "$282,565,000" AND INSERTING IN LIEU
THEREOF "$304,568,000".
SEC. 2. SECTION 2(A) (2) OF SUCH ACT(87 STAT. 451), PROVIDING
AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL ORGANIZATIONS AND
CONFERENCES, IS AMENDED BY STRIKING OUT "$211,279,000" AND INSERTING IN
LIEU THEREOF "$212,777,000".
SEC. 3. SECTION 2(A) (2) OF SUCH ACT (87 STAT. 451), PROVIDING
AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL COMMISSIONS, IS
AMENDED BY STRIKING OUT "$15,568,000" AND INSERTING IN LIEU THEREOF
"$12,528,000".
SEC. 4. SECTION 2(A) (4) OF SUCH ACT (87 STAT. 451), PROVIDING
AUTHORIZATION OF APPROPRIATIONS FOR EDUCATIONAL EXCHANGE, IS AMENDED BY
STRIKING OUT "$59,800,000" AND INSERTING IN LIEU THEREOF "$57,170,000".
SEC. 5 SECTION 2(B) (1) OF SUCH ACT (87 STAT. 451), PROVIDING
AUTHORIZATION OF APPROPRIATIONS FOR INCREASES IN SALARY, PAY,
RETIREMENT, OR OTHER EMPLOYEE BENEFITS AUTHORIZED BY LAW, IS AMENDED BY
STRIKING OUT "$9,328,000" AND INSERTING IN LIEU THEREOF "$16,711,000".
SEC. 6. SECTION 2(B) (2) OF SUCH ACT (87 STAT. 451), PROVIDING
AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL OVERSEAS COSTS RESULTING
FROM THE DEVALUATION OF THE DOLLAR, IS AMENDED BY STRIKING OUT
"$12,307,000" AND INSERTING IN LIER THEREOF "$9,905,000".
SEC. 7 SECTION 2(C) OF SUCH ACT (87 STAT. 451), PROVIDING
AUTHORIZATION OF APPRPRIATIONS FOR PROTECTION OF PERSONNEL AND
FACILITIES FROM THREATS OR ACTS OF TERRORISM, IS AMENDED BY STRIKING OUT
"$40,000,000" AND INSERTING IN LIEU THEREOF "$20,000,000".
INTERNATIONAL COMMITTEE OF THE RED CROSS
SEC. 8 (A) THE ACT ENTITLED "AN ACT TO AUTHORIZE A CONTRIBUTION BY
THE UNITED STATES TO THE INTERNATIONAL COMMITTEE OF THE RED CROSS",
APPROVED OCTOBER 1, 1965 (79 STAT. 901), IS AMENDED BY STRIKING OUT
"$50,000" AND INSERTING IN LIEU THEREOF "$500,000".
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL APPLY WITH RESPECT TO
CONTRIBUTIONS TO BE MADE COMMENCING IN 1974.
BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC
AFFAIRS
SEC. 9. SECTION 9 OF SUCH ACT (87 STAT. 453), //22 USC 2655A.//
PROVIDING FOR AN ADDITIONAL ASSISTANT SECRETARY TO HEAD THE BUREAU OF
OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS, IS
AMENDED BY INSERTING "(A)" IMMEDIATELY AFTER "SEC. 9." AND BY ADDING AT
THE END THEEROF THE FOLLOWING NEW SUBSECTIONS:
"(B) SECTION 5315 OF TITLE 5, UNITED STATES CODE, //86 STAT. 1488.//
IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH:
"'(99) ASSISTANT SECRETARY FOR OCEANS AND INTERNATIONAL ENVIRONMENTAL
AND SCIENTIFIC AFFAIRS, DEPARTMENT OF STATE.'
"(C) PARAGRAPH (109) FO SECTION 5316 OF TITLE 5, UNITED STATES CODE,
//80 STAT. 466.// RELATING TO THE DIRECTOR OF INTERNATIONAL AFFAIRS,
DEPARTMENT OF STATE, IS REPEALED.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 812 (COMM. ON FOREIGN AFFAIRS).
SENATE REPORT NO. 93 - 754 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 13, CONSIDERED AND PASSED HOUSE.
MAR. 29, CONSIDERED AND PASSED SENATE, AMENDED.
MAY 29, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-311, 88 STAT 236.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) IT IS THE
POLICY OF THE UNITED STATES TO PROMOTE INCREASED PRODUCTIVITY AND TO
IMPROVE THE MORALE AND QUALITY OF WORK OF THE AMERICAN WORKER, FOR THE
PRUPOSE OF PROVIDING GOODS AND SERVICES AT LOW COST TO AMERICAN
CONSUMERS, IMPROVING THE COMPETITIVE POSITION OF THE UNITED STATES IN
THE INTERNATIONAL ECONOMY, AND FACILITATING A MORE SATISFYING WORK
EXPERIENCE FOR AMERICAN WORKERS. //15 USC 1026.//
(B) THE PRESIDENT'S NATIONAL COMMISSION ON PRODUCTIVITY SHALL
HEREAFTER BE REFERRED TO AS THE NATIONAL COMMISSION ON PRODUCTIVITY AND
WORK QUALITY (HEREINAFTER REFERRED TO AS THE "COMMISSION "). THE
COMMISSION SHALL CARRY OUT THE OBJECTIVES AND EXERCISE THE FUNCTIONS
HEREINAFTER PRESCRIBED.
(C) THE OBJECTIVES OF THE COMMISSION SHALL BE TO HELP INCREASE THE
PRODUCTIVITY OF THE AMERICAN ECONOMY AND TO HELP IMPROVE THE MORALE AND
QUALITY OF WORK OF THE AMERICAN WORKER.
(D) TO ACHIEVE THE OBJECTIVES OF SUBSECTION (C), THE COMMSSION SHALL
HAVE THE FOLLOWING PRIMARY FUNCTIONS:
(1) TO ENCOURAGE AND ASSIST IN THE ORGANIZATION AND WORK OF
LABOR-MANAGEMENT COMMITTEES WHICH MAY ALSO INCLUDE PUBLIC MEMBERS,
ON A PLANT, COMMUNITY, REGIONAL, AND INDUSTRY BASIS. SUCH
COMMITTEES MAY BE SPECIFICALLY DESIGNED TO FACILITATE
LABOR-MANAGEMENT COOPERATION TO INCREASE PRODUCTIVITY OR TO HELP
IMPROVE THE MORALE AND QUALITY OF WORK OF THE AMERICAN WORKER.
(2) TO CONDUCT SUCH RESEARCH AS IS DIRECTLY NECESSARY TO
ACHIEVE EACH OF THE OBJECTIVES SET FORTH IN SUBSECTION (C) SHEN
SUCH RESEARCH CANNOT APPROPRIATELY BE ACCOMPLISHED BY OTHER
GOVERNMENT AGENCIES OR PRIVATE ORGANIZATIONS.
(3) TO PUBLICIZE, DISSEMINATE, AND OTHERWISE PROMOTE MATERIAL
AND IDEAS RELATING TO ITS OBJECTIVES.
(E) IN ADDITION TO ITS FUNCTIONS UNDER SUBSECTION (D) THE COMMISSION
SHALL--,
(1) ADVISE THE PRESIDENT AND THE CONGRESS WITH RESPECT TO
GOVERNMENT POLICY AFFECTING PRODUCTIVITY AND THE QUALITY OF WORK;
(2) COORDINATE AND PROMOTE GOVERNMENT RESEARCH AND TECHNICAL
ASSISTANCE EFFORTS RELATING TO PRODUCTIVITY; AND
(3) PROVIDE TECHNICAL AND CONSULTING ASSISTANCE.
(F) IN PURSUING ITS OBJECTIVES UNDER SUBSECTION (C), AND IN CARRYING
OUT ITS FUNCTIONS UNDER SUBSECTIONS (D) AND (E), THE COMMISSION SHALL
CONCENTRATE ITS EFFORTS ON THOSE AREAS WHERE SUCH EFFORTS ARE LIKELY TO
MAKE THE MOST SUBSTANTIAL IMPACT ON--,
(A) THE MORALE AND QUALITY OF WORK OF THE AMERICAN WORKER;
(B) THE INTERNATIONAL COMPETITIVE POSITION OF THE UNITED
STATES;
(C) THE EFFICIENCY OF GOVERNMTNE; OR
(D) THE COST OF THOSE GOODS AND SERVICES WHICH ARE GENERALLY
CONSIDERED TO FULFILL THE MOST BASIC NEEDS OF AMERICANS.
(G)(1) THE EXECUTIVE DIRECTOR OF THE COMMISSION SHALL BE THE
PRINCIPAL EXECUTIVE OFFICER OF THE COMMISSION IN CARRYING OUT THE
OBJECTIVES AND FUNCTIONS OF THE COMMISSION UNDER THIS SECTION.
(2) THE EXECUTIVE DIRECTOR OF THE COMMISSION, WITH THE APPROVAL OF
THE CHAIRMAN OF THE COMMISSION, IS AUTHORIZED (A) TO APPOINT AND FIX THE
COMPENSATION OF SUCH OFFICERS AND EMPLOYEES, AND PRESCRIBE THEIR
FUNCTIONS AND DUTIES, AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF
THIS SECTION, AND (B) TO OBTAIN THE SERVICES OF EXPERTS AND CONSULTANTS
IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3109 OF TITLE 5, UNITED
STATES CODE. //80 STAT. 416.//
(3) THE COMMISSION MAY ACCEPT GIFTS OR BEQUESTS, EITHER FOR CARRYING
OUT SPECIFIC PROGRAMS WHICH IT DEEMS DESIRABLE OR FOR ITS GENERAL
ACTIVITIES.
(H) IN CARRYING OUT ITS ACTIVITIES UNDER THIS SECTION, THE COMMISSION
SHALL CONSULT WITH THE COUNCIL OF ECONOMIC ADVISERS.
(I) THE COMMISSION SHALL TRANSMIT TO THE PRESIDENT AND TO THE
CONGRESS, NOT LATER THAN JULY 1, 1974, A REPORT COVERING ITS ACTIVITIES
DURING FISCAL YEAR 1974 AND DESCRIBING IN DETAIL THE PROGRAM TO BE
CARRIED OUT BY THE COMMISSION UNDER THIS SECTION DURING FISCAL YEAR
1975. SUCH REPORT SHALL INCLUDE AN EXPLANATION OF HOW THE COMMISSION'S
PROGRAM HAS COMPLIED OR WILL COMPLY, AS THE CASE MAY BE, WITH THE
PROVISIONS OF SUBSECTION (F).
(J) THERE IS HERBY AUTHORIZED TO BE APPROPRIATED SUCH SUMS, NOT TO
EXCEED $2,500,000, AS MAY BE NECESSARY TO CARRY OUT THE PURPOSE OF THIS
SECTION DURING THE PERIOD FROM JULY 1, 1974, THROUGH JUNE 30, 1975.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 366 (COMM. ON BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 138 (COMM. ON BANKING, HOUSING, AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD:
VOL. 119 (1973): MAY 10, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAY 14, CONSIDERED AND PASSED HOUSE, AMENDED.
MAY 31, SENATE AGREED TO HOUSE AMENDMENT.
PUBLIC LAW 93-310, 88 STAT 235
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT ITEM 911.70 OF THE
APPENDIX TO THE TARIFF SCHEDULES OF THE UNITED STATES (19 U.S.C. 1202)
//83 STAT. 99.// IS AMENDED BY STRIKING OUT "6/30/72" AND INSERTING IN
LIEU THEREOF "6/30/76".
SEC. 2. (A) THE AMENDMENT MADE BY THE FIRST SECTION OF THIS ACT
SHALL APPLY WITH RESPECT TO ARTICLES INETERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION AFTER THE DATE OF THE ENACTMENT OF THIS ACT.
(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--,
(1) WHICH WAS MADE AFTER JUNE 30, 1972, AND ON OR 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 //87 STAT. 284, 19 USC 1514.// OR ANY OTHER PROVISION OF LAW, BE
LIQUIDATED OR RELIQUIDATED AS THOUGH SUCH ENTRY OR WITHDRAWL HAD BEEN
MADE ON THE DAY AFTER THE DATE OF THE ENACTMENT OF THIS ACT.
SEC. 3. (A) SECTION 501 OF THE INTERNAL REVENUE CODE OF 1954 //68A
STAT. 163; 82 STAT. 269; 83 STAT. 527, 26 USC 501.// RELATING TO
EXEMPTION FROM TAX ON CORPORATIONS, ETC.), IS AMENDED BY REDESIGNATING
SUBSECTION (F) AS (G), AND BY INSERTING AFTER SUBSECTION (E) THE
FOLLOWING NEW SUBSECTION:
"(F) COOPERATIVE SERVICE ORGANIZATIONS OF OPERATING EDUCATIONAL
ORGANIZATIONS.--FOR PURPOSES OF THIS TITLE, IF AN ORGANIZATION IS IS--,
"(1) ORGANIZED AND OPERATED SOLELY TO HOLD, COMMINGLE, AND
COLLECTIVELY INVEST AND REINVEST (INCLUDING ARRANGING FOR AND
SUPERVISING THE PERFORMANCE BY INDEPENDENT CONTRACTORS OF
INVESTMENT SERVICES RELATED THERETO) IN STOCKS AND SECURITIES, THE
MONEYS CONTRIBUTED THERETO BY EACH OF THE MEMBERS OF SUCH
ORGANIZATION, AND TO COLLECT INCOME THEREFROM AND TURN OVER THE
ENTIRE AMOUNT THEREOF, LESS EXPENSES, TO SUCH MEMBERS,
"(2) ORGANIZED AND CONTROLLED BY ONE OR MORE SUCH MEMBERS, AND
"(3) COMPRISED SOLELY OF MEMBERS THAT ARE ORGANIZATIONS
DESCRIBED IN CLAUSE (II) OR (IV) OF SECTION 170(B) (1) (A)-- //68A
STAT. 58; 76 STAT. 1134, 26 USC 170.//
"(A) WHICH ARE EXEMPT FROM TAXATION UNDER SUBSECTION (A), OR
"(B) THE INCOME OF WHICH IS EXCLUDED FROM TAXATION UNDER
SECTION 115(A). //68A STAT. 35, 26 USC 115.//
THEN SUCH ORGANIZATION SHALL BE TREATED AS AN ORGANIZATION ORGANIZED AND
OPERATED EXCLUSIVELY FOR CHARITABLE PURPOSES".
(B) EFFECTIVE DATE.--THE AMENDMENTS MADE BY THIS SECTION SHALL APPLY
TO TAXABLE YEARS ENDING AFTER DECEMBER 31, 1973.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 312 (COMM. ON WAYS AND MEANS).
SENATE REPORT NO. 93 - 888 (COMM. ON FINANCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JUNE 27, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): MAY 31, CONSIDERED AND PASSED SENATE,
AMENDED. JUNE 3, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-309, 88 STAT 234.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, IN HONOR OF THE
LATE J. EDGAR HOOVER, THE SECERTARY OF THE TREASURY (HEREAFTER REFERRED
TO AS THE "SECRETARY") SHALL MAKE AVAILABLE MEDALS IN ACCORDANCE WITH
THIS ACT. THE MEDALS AUTHORIZED UNDER THIS ACT ARE NATIONAL MEDALS
WITHIN THE MEANING OF SECTION 3351 OF THE REVISED STATUTES (31 U.S.C.
368). //REV. STAT. 3551.//
SEC. 2. THE MEDALS SHALL BEAR SUCH EMBLEMS, DEVICES, AND
INSCRIPTIONS, SHALL BE OF SUCH SIZE OR SIZES, SHALL BE MADE OF SUCH
MATERIALS, AND SHALL BE MADE IN SUCH QUANTITY, AS THE SECRETARY MAY
DETERMINE.
SEC. 3. THE SECRETARY SHALL CAUSE SUCH MEDALS TO BE STRUCK, AND HE
SHALL CAUSE THEM TO BE SOLD TO THE GENERAL PUBLIC, UNDER SUCH RULES AND
REGULATIONS AS HE MAY PROVIDE, AT A PRICE NOT LESS THAN THE ESTIMATED
COST OF MANUFACTURE, INCLUDING LABOR, MATERIALS, DIES, USE OF MACHINERY,
AND OVERHEAD EXPENSES.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 666 (COMM. ON BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 872 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 3, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): MAY 28, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-308, 88 STAT 234
BE IT ENACTED BY THE SENATE AND HOUSE REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ACT OF JULY 10, 1973
(87 STAT. 168; PUBLIC LAW 93 - 70) IS AMENDED BY STRIKING OUT IN
PARAGRAPH (B), SECTION 1, THE FIGURE "$221,515,000" AND INSERTING IN
LIEU THEREOF THE FIGURE "$244,515,000".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 930 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 882 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 2, CONSIDERED AND PASSED HOUSE.
MAY 30, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-307, 88 STAT 233, DEPARTMENT OF DEFENSE SUPPLEMENTAL
APPROPRIATION AUTHORIZATION ACT, 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITES STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 101. IN ADDITION TO THE FUNDS AUTHORIZED TO BE APPROPRIATED
UNDER PUBLIC LAW 93 - 155 //87 STAT. 605.// THERE IS HEREBY AUTHORIZED
TO BE APPROPRIATED DURING FISCAL YEAR 1974 FOR THE USE OF THE ARMED
FORCES OF THE UNITED STATES FOR PROCUREMENT OF AIRCRAFT, MISSLES, NAVAL
VESSELS, TRACKED COMBAT VEHICLES, AND OTHER WEAPONS AUTHORIZED BY LAW,
IN AMOUNTS AS FOLLOWS:
AIRCRAFT
FOR AIRCRAFT: FOR THE ARMY, $15,000,000: FOR THE NAVY AND THE
MARINE CORPS, $201,200,000; FOR THE AIR FORCE, $187,800,000.
MISSLILES
FOR MISSILES: FOR THE ARMY, $76,600,000; FOR THE NAVY, $17,000,000;
FOR THE MARINE CORPS, $22,300,000; FOR THE AIR FORCE, $39,000,000.
NAVAL VESSELS
FOR NAVAL VESSELS: FOR THE NAVY, $24,800,000.
TRACKED COMBAT VEHICLES
FOR TRACKED COMBAT VEHICLES: FOR THE ARMY, $63,400,000.
OTHER WEAPONS
FOR OTHER WEAPONS: FOR THE ARMY $8,200,000.
SEC. 201. IN ADDITION TO THE FUNDS AUTHORIZED TO BE APPROPRIATED
UNDER PUBLIC LAW 93 - 155, THERE IS HEREBY AUTHOIZED TO BE APPROPRIATED
DURING THE FISCAL YEAR 1974, 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 $35,898,000;
FOR THE NAVY (INCLUDING THE MARINE CORPS), $38,528,000,
FOR THE AIR FORCE, $29,466,000, AND
FOR THE DEFENSE AGENCIES, $5,991,000.
SEC. 301. IN ADDITION TO THE FUNDS AUTHORIZED TO BE APPROPRIATED
UNDER PUBLIC LAW 93 - 166, //87 STAT. 661.// THERE IS HEREBY AUTHORIZED
TO BE APPROPRIATED DURING THE FISCAL YEAR 1974, FOR USE BY THE SECRETARY
OF DEFENSE, OR HIS DESIGNEE, FOR MILITARY FAMILY HOUSING, FOR OPERATING
EXPENSES AND MAINTENANCE OF REAL PROPERTY IN SUPPORT OF MILITARY FAMILY
HOUSING, AN AMOUNT NOT TO EXCEED $3,866,000.
SEC. 302, AUTHORIZATIONS CONTAINED IN THIS TITLE SHALL BE SUBJECT TO
THE AUTHORIZATIONS AND LIMITATIONS OF THE MILITARY CONSTRUCTION
AUTHORIZATION ACT, 1974 (PUBLIC LAW 93 - 166), IN THE SAME MANNER AS IF
SUCH AUTHORIZATIONS HAD BEEN INCLUDED IN THAT ACT.
SEC. 401. NO VOLUTNEER FOR ENLISTMENT INTO THE ARMED FORCES SHALL BE
DENIED ENLISTMENT SOLELY BECAUSE OF HIS NOT HAVING A HIGH SCHOOL
DIPLOMA.
SEC. 402. THIS ACT MAY BE CITED AS THE "DEPARTMENT OF DEFENSE
SUPPLEMENTAL APPROPRIATION AUTHORIZATION ACT, 1974".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 934 (COMM. ON ARMED SERVICES) AND NO. 93 -
1064 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 781 ACCOMPANYING S. 2999 (COMM. ON ARMED
SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 4, CONSIDERED AND PASSED HOUSE.
MAY 6, S. 2999 CONSIDERED AND PASSED SENATE.
MAY 7, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 4, HOUSE AGREED TO CONFERENCE REPORT.
JUNE 5, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-306, 88 STAT. 232, VESSELS EXCHANGE CONTRACTS,
AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
COMMERCE (HEREINAFTER REFERRED TO AS THE "SECRETARY"), ACTING BY AND
THROUGH THE MARITIME ADMINISTRATION, IS AUTHORIZED TO REMOVE FROM AN AND
ALL CONTRACTS MADE UNDER AUTHORITY OF THE ACT OF DECEMBER 14, 1967
(PUBLIC LAW 90 - 195) //81 STAT. 581.// OR OTHERWISE AFFECTING THE TWO
C-4-TYPE VESSELS TRADED OUT UNDER AUTHORITY OF THAT ACT, THE TERMS AND
CONDITIONS WHICH WERE DEEMED NECESSARY TO INSURE THAT IF THE PERSON WHO
ACQUIRED THE TWO C-4-TYPE VESSELS DISCONTINUES HIS OPERATION OF
UNSUBSIDIZED SERVICE BETWEEN THE WEST COAST OF THE UNITED STATES AND THE
TERRITORY OF GUAM, THE VESSELS WILL BE SOLD TO HIS SUCCESSOR IN SUCH
SERVICE AT THEIR FAIR AND REASONABLE VALUE AS DETERMINED BY THE
SECRETARY, AND ANY OTHER REQUIREMENTS THE SECRETARY DETERMINED WERE
NECESSARY TO INSURE CONTINUED OPERATION OF THE TWO C-4-TYPE VESSELS IN
SUCH UNSUBSIDIZED SERVICE. AT THE REQUEST OF THE OTHER PARTY TO ANY
SUCH CONTRACT, THE SECRETARY SHALL AMEND SUCH CONTRACT IN ACCORDANCE
WITH THE PROVISIONS OF THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 937 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 881 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 2, CONSIDERED AND PASSED HOUSE.
MAY 30, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-305, 88 STAT 195, SECOND SUPPLEMENTAL APPROPRIATIONS
ACT, 1974.
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 WISE
APPROPRIATED, TO SUPPLY SUPPLEMENTAL APPROPRIATIONS (THIS ACT MAY BE
CITED AS THE "SECOND SUPPLEMENTAL APPROPRIATIONS ACT, 1974") FOR THE
FISCAL YEAR ENDING JUNE 30, 1974, AND FOR OTHER PURPOSES, NAMELY:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
FOR AN ADDITIONAL AMOUNT FOR "ANIMAL AND PLANT HEALTH INSPECTION
SERVICE", $3,730,000, OF WHICH $100,000 SHALL BE FOR AN EVALUATION OF
THE EFFECTIVENESS OF THE SCREWWORM CONTROL PROGRAM: PROVIDED, THAT THE
ANIMAN AND PLANT HEALTH INSPECTION SERVICE IS AUTHORIZED TO ESTABLISH
AND OPERATE AN ENGLISH LANGUAGE SCHOOL AT TUXTLA GUTIERREZ, CHIAPAS,
MEXICO, OR TO CONTRACT THEREFOR WITHOUT REGARD TO THE PROVISIONS OF
REVISED STATUTES, SECTION 3648, AS AMENDED (31 U.S.C. 529), FOR CHILDREN
OF EMPLOYEES OF THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE ENGAGED
IN THE MEXICAN-AMERICAN SCREWWORM PROGRAM.
FOOD AND NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
FOR AN ADDITIONAL AMOUNT TO CARRY OUT THE NATIONAL SCHOOL LUNCH ACT,
AS AMENDED (42 U.S.C. 1751 - 1761), //60 STAT. 230; 82 STAT. 117.// AND
THE APPLICABLE PROVISIONS OTHER THAN SECTION 3 OF THE CHILD NUTRITION
ACT OF 1966, AS AMENDED (42 U.S.C. 1773 - 1785), //80 STAT. 886.//
$86,500,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOOD STAMP PROGRAM
FOR AN ADDITIONAL AMOUNT FOR "FOOD STAMP PROGRAM", $500,000,000, TO
REMAIN AVAILABLE UNTIL EXPENDED.
WATERSHED AND FLOOE PREVENTION OPERATIONS
FOR AN ADDITIONAL AMOUNT FOR "WATERSHED AND FLOOD PREVENTION
OPERATIONS" FOR EMERGENCY MEASURES FOR RUNOFF RETARDATION AND
SOIL-EROSION PREVENTION, AS AUTHORIZED BY SECTION 216 OF THE FLOOD
CONTROL ACT OF 1950 (33 U.S.C. 701B-1), //64 STAT. 184.// AND TO
IMPLEMENT THE PROVISIONS OF SECTION 5 OF PUBLIC LAW 93 - 251, //ANTE, P.
15.// $23,661,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
FOR AN ADDITIONAL AMOUNT FOR "MILITARY PERSONNEL, ARMY", $40,200,000.
MILITARY PERSONNEL, NAVY
FOR AN ADDITIONAL AMOUNT FOR "MILITARY PERSONNEL, NAVY", $16,000,000.
MILITARY PERSONNEL, MARINE CORPS
FOR AN ADDITIONAL AMOUNT FOR "MILITARY PERSONNEL, MARINE CORPS",
$8,100,000.
MILITARY PERSONNEL, AIR FORCE
FOR AN ADDITIONAL AMOUNT FOR "MILITARY PERSONNEL, AIR FORCE",
$50,800,000.
RETIRED PAY, DEFENSE
FOR AN ADDITIONAL AMOUNT FOR "RETIRED PAY, DEFENSE", $468,800,000.
OPERATION AND MAINTENANCE, ARMY
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, ARMY",
$116,147,000.
OPERATION AND MAINTENANCE, NAVY
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, NAVY",
$309,175,000.
OPERATION AND MAINTENANCE, MARINE CORPS
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, MARINE
CORPS", $13,400,000.
OPERATION AND MAINTENANCE, AIR FORCE
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, AIR FORCE",
$251,350,000.
OPERATION AND MAINTENANCE, DEFENSE AGENCIES
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, DEFENSE
AGENCIES", $830,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, NAVY
RESERVE", $21,000,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, MARINE CORPS
RESERVE", $30,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, AIR FORCE
RESERVE", $9,500,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, ARMY
NATIONAL GUARD", $780,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, AIR NATIONAL
GUARD", $22,300,000: PROVIDED, THAT NOT LESS THAN NINETY-TWO FLYING
UNITS SHALL BE MAINTAINED DURING FISCAL YEAR 1974.
AIRCRAFT PROCUREMENT, ARMY
FOR AN ADDITIONAL AMOUNT FOR "AIRCRAFT PROCUREMENT, ARMY",
$16,000,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976.
MISSILE PROCUREMENT, ARMY
FOR AN ADDITIONAL AMOUNT FOR "MISSILE PROCUREMENT, ARMY",
$76,600,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY
FOR AN ADDITIONAL AMOUNT FOR "PROCUREMENT OF WEAPONS AND TRACKED
COMBAT VEHICLES, ARMY", $71,100,000, TO REMAIN AVAILABLE FOR OBLIGATION
UNTIL JUNE 30, 1976.
PROCUREMENT OF AMMUNITION, ARMY
FOR AN ADDITIONAL AMOUNT FOR "PROCUREMENT OF AMMUNITION, ARMY",
$150,000,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976.
OTHER PROCUREMENT, ARMY
FOR AN ADDITIONAL AMOUNT FOR "OTHER PROCUREMENT, ARMY", $35,500,000,
TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976. AMOUNTS
AVAILABLE UNDER APPROPRIATIONS UNDER THIS HEAD SHALL BE AVAILABLE FOR
THE PURCHASE OF NOT TO EXCEED THREE HUNDRED AND SIXTY-SIX BUSES AND
AMBULANCES, FOR REPLACEMENT ONLY.
AIRCRAFT PROCUREMENT, NAVY
FOR AN ADDITIONAL AMOUNT FOR "AIRCRAFT PROCUREMENT, NAVY",
$95,000,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976.
SHIPBUILDING AND CONVERSION, NAVY
FOR AN ADDITIONAL AMOUNT FOR "SHIPBUILDING AND CONVERSION, NAVY",
$24,8000,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1978.
OTHER PROCUREMENT, NAVY
FOR AN ADDITIONAL AMOUNT FOR "OTHER PROCUREMENT, NAVY", $100,800,000,
TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976. AMOUNTS
AVAILABLE UNDER APPROPRIATIONS UNDER THIS HEAD SHALL BE AVAILABLE FOR
THE PURCHASE OF NOT TO EXCEED ONE HUNDRED AND FIVE BUSES, FOR
REPLACEMENT ONLY.
PROCUREMENT, MARINE CORPS
FOR AN ADDITIONAL AMOUNT FOR "PROCUREMENT, MARINE CORPS",
$33,800,000, TO REMAIN AVAILABLE FOR AOBLIGATION UNTIL JUNE 30, 1976.
AMOUNTS AVAILABLE UNDER APPROPRIATIONS UNDER THIS HEAD SHALL BE
AVAILABLE FOR THE PURCHASE OF NOT TO EXCEED SEVENTEEN BUSES, FOR
REPLACEMENT ONLY.
AIRCRAFT PROCUREMENT, AIR FORCE
FOR AN ADDITIONAL AMOUNT FOR "AIRCRAFT PROCUREMENT, AIR FORCE",
$107,700,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976.
MISSILE PROCUREMENT, AIR FORCE
FOR AN ADDITIONAL AMOUNT FOR "MISSILE PROCUREMENT, AIR FORCE",
$11,400,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976.
OTHER PROCUREMENT, AIR FORCE
FOR AN ADDITIONAL AMOUNT FOR "OTHER PROCUREMENT, AIR FORCE",
$82,400,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1973.
AMOUNTS AVAILABLE UNDER APPROPRIATIONS UNDER THIS HEAD SHALL BE
AVAILABLE FOR THE PURCHASE OF NOT TO EXCEED TWO HUNDRED AND SIXTY-ONE
BUSES AND AMBULANCES, FOR REPLACEMENT ONLY.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE
FOR AN ADDITIONAL AMOUNT FOR "RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION, AIR FORCE", $5,800,0000, TO REMAIN AVAILABLE FOR OBLIGATION
UNTIL JUNE 30, 1975.
GENERAL OPERATING EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "GENERAL OPERATING EXPENSES",
$5,901,000, OF WHICH $1,097,000 SHALL BE AVAILABLE FOR FISCAL YEAR 1973.
PUBLIC SAFETY
FOR AN ADDITIONAL AMOUNT FOR "PUBLIC SAFETY", $2,434,000, OF WHICH
$300,000 SHALL BE AVAILABLE FOR FISCAL YEAR 1972 AND $1,000,000, SHALL
BE AVAILABLE FOR FISCAL YEAR 1973.
SETTLEMENT OF CLAIMS AND SUITS
FOR PAYMENT OF PROPERTY DAMAGE CLAIMS IN EXCESS OF $500 AND OF
PERSONAL INJURY CLAIMS IN EXCESS OF $1,000, APPROVED BY THE COMMISSIONER
IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF FEBRUARY 11, 1929, AS
AMENDED (45 STAT. 1160; 43 STAT. 500; 65 STAT. 131), $222,000. //D.C.
CODE 1 - 902 TO 1 - 906.//
CAPITAL OUTLAY
FOR AN ADDITIONAL AMOUNT FOR "CAPITAL OUTLAY", TO REMAIN AVAILABLE
UNTIL EXPENDED, $3,577,400, OF WHICH $892,000 SHALL BE PAYABLE FROM THE
WATER FUND.
DIVISION OF EXPENSES
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 SPECIFICALLY PROVIDED.
INDOCHINA POSTWAR RECONSTRUCTION ASSISTANCE
FOR AN ADDITIONAL AMOUNT FOR "INDOCHINA POSTWAR RECONSTRUCTION
ASSISTANCE," $49,000,000.
DISASTER RELIEF ASSISTANCE
PUBLIC LAW 93 - 240 IS AMENDED AS FOLLOWS, AT TITLE IV, SECTION
ENTITLED DISASTER RELIEF ASSISTANCE, //87 STAT. 1055.// BY STRIKING
"SAHEL REGION" AND INSERTING IN LIEU THEREOF THE WORDS "DROUGHT-STRICKEN
NATIONS" AND BY STRIKING THE COLON AND INSERTING THE WORDS "TO REMAIN
AVAILABLE UNTIL EXPENDED:".
MIGRATION AND REFUGEE ASSISTANCE
FOR AN ADDITIONAL AMOUNT TO ENABLE THE SECRETARY OF STATE TO INCREASE
THE CONTRIBUTION OF THE UNITED STATES TO THE INTERNATIONAL COMMITTEE OF
THE RED CROSS, $250,000: PROVIDED, THAT THE FUNDS APPROPRIATED IN THIS
PARAGRAPH SHALL BE AVAILABLE ONLY UPON ENACTMENT INTO LAW OF AUTHORIZING
LEGISLATION.
COMPENSATION AND PENSIONS
FOR AN ADDITIONAL AMOUNT FOR "COMPENSATION AND PENSIONS",
$137,800,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
MEDICAL CARE
FOR AN ADDITIONAL AMOUNT FOR "MEDICAL CARE", $39,535,000.
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $2,010,000.
FUNDS APPROPRIATED TO THE PRESIDENT
FEDERAL DISASTER ASSISTANCE ADMINISTRATION
DISASTER RELIEF
FOR AN ADDITIONAL AMOUNT TO CARRY OUT THE FUNCTIONS OF THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT UNDER THE DISASTER RELIEF ACT OF 1970
(PUBLIC LAW 91 - 606, AS AMENDED, AND REORGANIZATION PLAN NO. 1 OF
1973), //87 STAT. 1744, 42 USC 4401 NOTE. 87 STAT. 1139, 5 USC APP.
II.// AUTHORIZING ASSISTANCE TO STATES AND LOCAL GOVERNMENTS IN MAJOR
DISASTERS, $32,600,000, TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED,
THAT NOT TO EXCEED 3 PER CENTUM OF THE FOREGOING AMOUNT SHALL BE
AVAILABLE FOR ADMINISTRATIVE EXPENSES.
MANAGEMENT OF LANDS AND RESOURCES
FOR AN ADDITIONAL AMOUNT FOR "MANAGEMENT OF LANDS AND RESOURCES",
$19,300,000.
RESOURCE MANAGEMENT
FOR AN ADDITIONAL AMOUNT FOR "RESOURCE MANAGEMENT", $400,000.
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $18,000,000:
PROVIDED, THAT ADVANCES, REPAYMENTS OR TRANSFERS FROM APPROPRIATIONS
UNDER THIS HEAD FOR THE CURRENT FISCAL YEAR MAY BE MADE TO ANY
DEPARTMENT OR AGENCY FOR EXPENSES OF CARRYING OUT FUEL ALLOCATION
ACTIVITIES.
RESOURCES MANAGEMENT
FOR AN ADDITIONAL AMOUNT FOR "RESOURCES MANAGEMENT", $3,000,000.
REVOLVING FUND FOR LOANS
FOR PAYMENT TO THE REVOLVING FUND FOR LOANS, FOR LOANS AS AUTHORIZED
IN SECTION 1 OF THE ACT OF NOVEMBER 4, 1963, AS AMENDED (25 U.S.C.
70N-1), AND PUBLIC SAW 90 - 37, //87 STAT. 73.// APPROVED MAY 24, 1973,
$900,000.
TRUST TERRITORY OF THE PACIFIC ISLANDS
FOR AN ADDITIONAL AMOUNT FOR "TRUST TERRITORY OF THE PUBLIC ISLANDS",
$1,500,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOREST SERVICE
FOREST PROTECTION AND UTILIZATION
FOR AN ADDITIONAL AMOUNT FOR "FOREST PROTECTION AND UTILIZATION", FOR
"FOREST LAND MANAGEMENT", $97,133,000, OF WHICH $6,213,000 FOR INSECT
AND DISEASE CONTROL SHALL REMAIN AVAILABLE UNTIL EXPENDED.
CONSTRUCTION AND LAND ACQUISITION
FOR AN ADDITIONAL AMOUNT FOR "CONSTRUCTION AND LAND ACQUISITION",
$650,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION
INDIAN HEALTH SERVICES
FOR AN ADDITIONAL AMOUNT FOR "INDIAN HEALTH SERVICES", $6,591,000.
INDIAN EDUCATION
NOTWITHSTANDING ANY REGULATION OF THE OFFICE OF EDUCATION, DEPARTMENT
OF HEALTH, EDUCATION, AND WELFARE, AMOUNTS FOR PART A APPROPRIATED UNDER
THIS HEAD IN THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES
APPROPRIATIONS ACT, 1974, //87 STAT. 444.// SHALL REMAIN AVAILABLE FOR
ALLOCATION AS PROVIDED BY LAW TO LOCAL EDUCATIONAL AGENCIES IN ALASKA IN
RESPONSE TO APPLICATIONS RECEIVED ON OR BEFORE MAY 30, 1974.
AMERICAN REVOLUTION BICENTENNIAL ADMINISTRATION
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $12,375,000, OF
WHICH NOT TO EXCEED $1,375,000 SHALL BE FOR DIRECT ANNUAL GRANTS-IN-AID
AS AUTHORIZED IN SECTION 7(A)(1) OF PUBLIC LAW 93 - 179 //87 STAT.
701.// AND OF WHICH NOT TO EXCEED $11,000,000 SHALL BE FOR MATCHING
GRANTS-IN-AID AS AUTHORIZED IN SECTION 7(A)(2) OF PUBLIC LAW 93 - 179,
TO REMAIN AVAILABLE UNTIL DECEMBER 31, 1976.
MANPOWER ADMINISTRATION
PROGRAM ADMINISTRATION
FOR EXPENSES OF ADMINISTERING EMPLOYMENT AND TRAINING PROGRAMS,
$71,762,000; TOGETHER WITH NOT TO EXCEED $26,766,000 WHICH MAY BE
EXPENDED FROM THE EMPLOYMENT SECURITY ADMINISTRATION ACCOUNT IN THE
UNEMPLOYMENT TRUST FUND, AND OF WHICH $2,830,000 SHALL BE FOR CARRYING
INTO EFFECT THE PROVISIONS OF 38 U.S.C. 2001 - 2003. //89 STAT.
1097.//
COMPREHENSIVE MANPOWER ASSISTANCE
FOR EXPENSES NECESSARY TO CARRY INTO EFFECT THE COMPREHENSIVE
EMPLOYMENT AND TRAINING ACT OF 1973, //87 STAT. 839.// AND SECTIONS 326
AND 328 OF THE TRADE EXPANSION ACT OF 1962 (19 U.S.C. 1951 AND 1961),
//79 STAT. 895.// $2,265,584,000, INCLUDING $370,000,000 FOR ACTIVITIES
AUTHORIZED UNDER TITLE II OF SAID COMPREHENSIVE EMPLOYMENT AND TRAINING
ACT //87 STA. 850.// AND $250,000,000 FOR ACTIVITIES OF THE TYPE
PROVIDED IN THE EMERGENCY EMPLOYMENT ACT OF 1971 AS AUTHORIZED IN
SECTION 3(A) OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973,
PLUS REIMBURSEMENTS, TO REMAIN AVAILABLE UNTIL JUNE 30, 1975: PROVIDED,
THAT THIS APPROPRATION SHALL BE ABAILABLE FOR THE PRUCHASE AND HIRE OF
PASSANGER MOTOR VEHICLES, AND FOR CONSTRUCTION, ALTERATION, AND REPAIR
OF BUILDINGS AND OTHER FACILITIES AND FOR THE PURCHASE OF REAL PROPERTY
FOR TRAINIGN CENTERS AS AUTHORIZED BY THE COMPREHENSIVE EMPLOYMENT AND
TRAINING ACT OF 1973.
LIMITATION ON GRANTS TO STATES FOR UNEMPLOYMENT INSURANCE AND
EMPLOYMENT SERVICES
FOR AN ADDITIONAL AMOUNT FOR "LIMITATION ON GRANTS TO STATES FOR
UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICES", TO REMAIN AVAILABLE
UNTIL JUNE 30, 1975, $81,000,000 MAY BE EXPENDED FROM THE EMPLOYMENT
SECURITY ADMINISTRATION ACCOUNT IN THE UNEMPLOYMENT TRUST FUND AND WHICH
SHALL BE AVAILABLE ONLY TO THE EXTENT NECESSARY TO MEET INCREASED COSTS
OF ADMINISTRATION RESULTING FROM CHANGES IN A STATE LAW OR INCREASES IN
THE NUMBER OF UNEMPLOYMENT INSURANCE CLAIMS FILED AND CLAIMS PAID OR
INCREASED SALARY COSTS RESULTING FORM STATE SALARY COMPENSATION PLANS
EMBRACING EMPLOYEES OF THE STATE GENERALLY OVER THOSE UPON WHICH THE
STATE'S BASIC GRANT WAS BASED, WHICH CANNOT BE PROVIDED FOR BY NORMAL
BUDGETARY ADJUSTMENTS.
HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION
HEALTH SERVICES DELIVERY
TO CARRY OUT THE PURPOSE OF TITLE XIII, AND, TO THE EXTENT NOT
OTHERWISE PROVIDED, SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT, //58
STAT. 691, 42 USC 241.// $60,700,000, OF WHICH $25,000,000 SHALL REMAIN
AVAILABLE UNTIL JUNE 30, 1975 FOR GRANTS AND CONTRACTS AND $35,000,000
SHALL REMAIN AVAILABLE UNTIL EXPENDED FOR DIRECT LOANS AND LOAN
GUARANTEES, AS WELL AS ANY AMOUNTS RECEIVED BY THE SECRETARY IN
CONNECTION WITH LOAN GUARANTEES UNDER SAID TITLE AND OTHER PROPERTY OR
ASSETS DERIVED BY HIM FROM HIS OPERATIONS RESPECTING SUCH LOANS AND LOAN
GUARANTEES, INCLUDING ANY MONEY DERIVED FROM THE SALE OF ASSETS:
PROVIDED, THAT GRANTS FROM FUNDS AVAILABLE FOR THE PRUPOSES OF SECTIONS
508, 509, AND 510 OF THE SOCIAL SECURITY ACT //81 STAT. 926, 42 USC 708
- 710.// MAY BE MADE FOR PROJECTS UNDER THOSE SECTIONS FOR ANY PERIOD
PRIOR TO JULY 1, 1975: PROVIDED FURTHER, THAT FUNDS PREVIOULSY
APPROPRIATED FOR TRAINING PROGRAMS AS AUTHORIZED BY THE EMERGENCY
MEDICAL SERVICES SYSTEMS ACT OF 1973 //87 STAT. 594, 42 USC 300D NOTE.//
SHALL REMAIN AVAILABLE UNTIL SEPTEMBER 30, 1974.
PREVENTIVE HEALTH SERVICES
FOR AN ADDITIONAL AMOUNT FOR "PREVENTIVE HEALTHE SERVICES",
$3,500,000, OF WHICH $2,500,000 SHALL BE FOR CARRYING OUT TITLE I OF THE
LEAD-BASED PAINT POISON PREVENTION ACT OF 1974. //84 STAT. 2078; 87
STAT. 565, 42 USC 4801.//
ELEMENTARY AND SECONDARY EDUCATION
FOR AN ADDITIONAL AMOUNT FOR "ELEMENTARY AND SECONDARY EDUCATION",
$20,000,000, OF WHICH $8,000,000 SHALL BE FOR GRANTS PURSUANT TO TITLE
VII OF THE ELEMENTARY AND SECONDARY EDUCATION ACT //81 STAT. 816, 20 USC
880B.// TO REMAIN AVAILABLE UNTIL DECEMBER 31, 1974, AND $12,000,000
SHALL BE FOR CARRYING OUT SECTION 222(A)(2) OF THE ECONOMIC OPPORTUNITY
ACT OF 1964. 81 STAT. 698, 42 USC 2809.//
HIGHER EDUCATION
FOR CARRYING OUT SECTION 705(A)(2)(C) OF THE HIGHER EDUCATION ACT
WITHOUT REGARD TO OTHER PROVISIONS OF SAID ACT, //86 STAT. 291, 20 USC
1132A-4.// $250,000, TO REMAIN AVAILABLE THROUGH JUNE 30, 1975.
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $394,000.
STUDENT LOAN INSURANCE FUND
FOR AN ADDITIONAL AMOUNT FOR "STUDENT LOAN INSURANCE FUND",
$30,785,000, TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT
$2,000,000 OF THE $269,400,000 APPROPRIATED BY PUBLIC LAW 93 - 25 FOR
TITLE IV, PART E OF THE HIGHER EDUCATION ACT OF 1965, //87 STAT. 26.//
SHALL BE AVAILABLE UNTIL JUNE 30, 1974, FOR CARRYING OUT SECTION 207 OF
THE NATIONAL DEFENSE EDUCATION ACT: //72 STAT. 1587, 20 USC 427.//
PROVIDED FURTHER, THAT ANY AMOUNTS APPROPRIATED FOR BASIC OPPORTUNITY
GRANTS FOR THE FISCAL YEAR ENDING JUNE 30, 1973, IN EXCESS OF THE
AMOUNTS REQUIRED TO MEET THE PAYMENT SCHEDULE ANNOUNCED FOR THE ACADEMIC
YEAR 1973 - 1974, SHALL REMAIN AVAILABLE FOR PAYMENTS UNDER THE PAYMENT
SCHEDULE ANNOUNCED FOR THE ACADEMIC YEAR 1974 - 1975: PROVIDED FURTHER,
THAT FUNDS APPROPRIATED BY PUBLIC LAW 93 - 192 //87 STAT. 756.// FOR
GRANTS TO STATES FOR STATE STUDENT INCENTIVES SHALL REMAIN AVAILABLE
UNTIL JUNE 30, 1975, AS AUTHORIZED BY SECTION 445A(B)( 3) OF THE HIGHER
EDUCATION ACT. //86 STAT. 225, 20 USC 1070C.//
GRANTS TO STATES FOR PUBLIC ASSISTANCE
THE APPROPRIATION FOR FISCAL YEAR 1974 UNDER THIS HEADING IS HEREBY
REDUCED IN THE AMOUNT OF $1,188,000,000.
SOCIAL AND REHABILITATION SERVICES
FOR AN ADDITIONAL AMOUNT FOR "SOCIAL AND REHABILITATION SERVICES",
FOR GRANTS UNDER SECTION 110 OF THE REHABILITATION ACT OF 1973 (PUBLIC
LAW 93 - 112), //87 STAT. 370, 29 USC 724.// $21,000,000, OS EHICH
$1,000,000 TO REMAIN AVAILABLE UNTIL EXPENDED SHALL BE FOR FACILITIES
CONSTRUCTION AS AUTHORIZED BY SECTION 301.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
FOR AN ADDITIONAL AMOUNT FOR "SPECIAL BENEFITS FOR DISABLED COAL
MINERS", $44,311,000: PROVIDED, THAT THE APPOINTMENTS OF ADMINISTRATIVE
LAW JUDGES FOR THIS PROGRAM SHALL TERMINATE NOT LATER THAN DECEMBER 31,
1975.
GALLAUDET COLLEGE
FOR AN ADDITIONAL AMOUNT FOR "HALLAUDET COLLEGE", $438,000.
HOWARD UNIVERSITY
FOR AN ADDITIONAL AMOUNT FOR "HOWARD UNIVERSITY", $3,382,000.
CHILD DEVELOPMENT
FOR AN ADDITIONAL AMOUNT FOR "CHILD DEVELOPMENT" FOR CARRYING OUT THE
CHILD ABUSE PREVENTION AND TREATMENT ACT (P.L. 90 - 247), //ANTE, P. 4//
$4,500,000, TO REMAIN AVAILABLE UNTIL DECEMBER 31, 1974.
DEPARTMENTAL MANAGEMENT
FOR AN ADDITIONAL AMOUNT FOR "DEPARTMENTAL MANAGEMENT", $2,950,000.
FEDERAL MEDIATION AND CONCILIATION SERVICE
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $170,000.
ECONOMIC OPPORTUNITY PROGRAM
FOR AN ADDITIONAL AMOUNT FOR "ECONOMIC OPPORTUNITY PROGRAM",
$12,500,000 FOR THE EMERGENCY FOOD AND MEDICAL SERVICES PROGRAM AS
AUTHORIZED BY SECTION 222(A)(5) OF THE ECONOMIC OPPORTUNITY ACT OF 1964.
// 82 STAT. 1019, 34 1964. 42 USC 2809.//
SALARIES, OFFICERS AND EMPLOYEES
OFFICE OF THE SECRETARY
FOR AN ADDITIONAL AMOUNT FOR "OFFICE OF THE SECRETARY", $13,965:
PROVIDED, THAT EFFECTIVE MAY 1, 1974, THE SECRETARY MAY APPOINT AND FIX
THE COMPENSATION OF AN AUDITOR, PUBLIC RECORDS OFFICE, AT NOT TO EXCEED
$14,525 PER ANNUM; A SECRETARY, PUBLIC RECORDS OFFICER, AT NOT TO
EXCEED $11,970 PER ANNUM; A CLERK, PUBLIC RECORDS OFFICE, AT NOT TO
EXCEED $10,830 PER ANNUM; FIVE TECHNICAL ASSISTANTS, PUBLIC RECORDS
OFFICE, AT NOT TO EXCEED $11,685 PER ANNUM EACH IN LIEU OF THREE
TECHNICAL ASSISTANTS, PUBLIC RECORDS OFFICE, AT NOT TO EXCEED SUCH RATE;
A MESSENGER, STATIONERY ROOM, AT NOT TO EXCEED $10,545 PER ANNUM; FOUR
MESSENGERS, STATIONERY ROOM, AT NOT TO EXCEED $9,690 PER ANNUM EACH IN
LIEU OF THREE MESSENGERS, STATIONERY ROOM, AT NOT TO EXCEED SUCH RATE;
AND THE SECRETARY MAY FIX THE PER ANNUM COMPENSATION OF THE ASSISTANT
KEEPER OF STATIONERY AT NOT TO EXCEED $21,660 IN LIEU OF $19,665, AND
THE PER ANNUM COMPENSATION OF THE CHIEF CLERK, STATIONERY ROOM, AT NOT
TO EXCEED $15,390 IN LIEU OF $14,535.
OFFICE OF SERGEANT AT ARMS AND DOORKEEPER
FOR AN ADDITIONAL AMOUNT FOR "OFFICE OF SERGEANT AT ARMS AND
DOORKEEPER", $5,890: PROVIDED, THAT EFFECTIVE MAY 1, 1974, THE SERGEANT
AT ARMS MAY APPOINT AND FIX THE COMPENSATION OF A COMPOSER AT NOT TO
EXCEED $13,110 PER ANNUM AND TOW COMPOSER TECHNICIANS AT NOT TO EXCEED
$11,115 PER ANNUM EACH.
INQUIRIES AND INVESTIGATIONS
FOR AN ADDITIONAL AMOUNT FOR "INQUIRIES AND INVESTIGATIONS",
$2,000,000.
MISCELLANEOUS ITEMS
FOR AN ADDITIONAL AMOUNT FOR "MISCELLANEOUS ITEMS", $1,205,000.
PAYMENTS TO WIDOWS AND HEIRS OF CECEASED MEMBERS OF CONGRESS
FOR PAYMENT TO THE ESTATE OF CHARLES M. TEAGUE, LATE A REPRESENTATIVE
FROM THE STATE OF CALIFORNIA, $42,500.
TELEGRAPH AND TELEPHONE
FOR AN ADDITIONAL AMOUNT FOR "TELEGRAPH AND TELEPHONE", $1,500,000.
STATIONERY (REVOLVING FUND)
FOR AN ADDITIONAL AMOUNT FOR "STATIONERY (REVOLVING FUND)", $438,000.
JOINT COMMITTEE ON INTERNAL REVENUE TAXATION
FOR AN ADDITIONAL AMOUNT FOR "JOINT COMMITTEE ON INTERNAL REVENUE
TAXATION", $25,000.
SENATE OFFICE BUILDINGS
FOR AN ADDITIONAL AMOUNT FOR "SENATE OFFICE BUILDINGS", $200,000, TO
REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT ANY BUILDINGS IN SQUARE
754 IN THE DISTRICT OF COLUMBIA, ACQUIRED UNDER AUTHORITY OF PUBLIC LAW
92 - 607, //86 STAT. 1468.// OCCUPIED BY THE SENATE, SHALL BE SUBJECT TO
THE PROVISIONS OF THE ACT OF JUNE 8, 1942 //56 STAT. 343.// (40 U.S.C.
174 (C) AND (D)) AND THE ACT OF JULY 31, 1946, AS AMENDED (40 U.S.C.
193A-193M, 212A, AND 212B). //60 STAT. 718; 87 STAT. 570.//
ACQUISITION OF PROPERTY AS A SITE FOR PARKING FACILITIES FOR
THE UNITED STATES SENATE
THE FIFTH PROVISION UNDER THIS HEAD IN THE SUPPLEMENTAL
APPROPRIATIONS ACT, 1973 (86 STAT. 1511), //40 USC 174B-1 NOTE.// IS
AMENDED BY INSERTING AFTER THE WORDS "PURPOSES OR" AND BEFORE THE WORDS
"TO LEASE" A COMMA AND THE FOLLOWING LANGUAGE: "WITHOUT REGARD TO
SECTION 3617 OF THE REVISED STATUTES, AS AMENDED (31 U.S.C. 484) AND
SECTION 3709 OF THE REVISED STATUTES, AS AMENDED (41 U.S.C. 5 AND
6A-1),".
ADDITIONAL PARKING FACILITIES FOR CONGRESSIONAL EMPLOYEES
NOT TO EXCEED $25,000 OF THE APPROPRIATION PROVIDED UNDER THIS HEAD
IN THE SUPPLEMENTAL APPROPRIATIONS ACT, 1974 //40 USC 175 NOTE, 87 STAT.
1079.// IS HEREBY MADE AVAILABLE FOR EXPENDITURE BY THE ARCHITECT OF THE
CAPITOL, UNDER THE DIRECTION OF THE SELECT COMMITTEE ON PARKING OF THE
HOUSE OF REPRESENTATIVES CREATED AND APPOINTED UNDER AUTHORITY OF HOUSE
RESOLUTION 145, NINETY-THIRD CONGRESS, AGREED TO FEBRUARY 7, 1973, FOR
THE EMPLOYMENT OF CONSULTANTS, BY CONTRACT OR OTHERWISE, WITHOUT REGARD
TO SECTION 3709 OF THE REVISED STATUTES, AS AMENDED, //41 USC 5.// TO
MAKE A DETAILED STUDY OF THE HOUSE GARAGES LOCATED IN THE RAYBURN AND
CANNON HOUSE OFFICE BUILDINGS AND IN SQUARES 637 AND 691 TO DETERMINE
THE FEASIBILITY OF PROVIDING ADDITIONAL PARKING WITHIN SUCH GARAGES AND
THE MEANS BY WHICH SUCH ADDITIONAL PARKING CAN BE EFFECTIVELY SO
PROVIDED.
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES, LIBRARY OF
CONGRESS", $184,000.
COPYRIGHT OFFICE
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES, COPYRIGHT
OFFICE", $24,700.
DISTRIBUTION OF CATALOG CARDS
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES, DISTRIBUTION OF
CATALOG CARDS", $259,900.
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES, BOOKS FOR THE
BLIND AND PHYSICALLY HANDICAPPED", $40,600.
ADMINISTRATIVE PROVISION
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 THE LIMITS OF THE
LIBRARY OF CONGRESS GROUNDS, AND TO PROVIDE FOR TRANSPORTATION 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.
638(C)(2). //60 STAT. 810.//
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES
FOR AN ADDITIONAL AMOUNT FOR "FLOOD CONTROL, MISSISSIPPI RIVER AND
TRIBUTARIES", $100,000,000 TO REMAIN AVAILABLE UNTIL EXPENDED.
OPERATION AND MAINTENANCE
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE", $7,000,000,
TO BE DERIVED FROM THE RECLAMATION FUND.
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $6,250,000:
PROVIDED, THAT THIS APPROPRIATION SHALL BE AVAILABLE ONLY UPON THE
ENACTMENT INTO LAW OF AUTHORIZING LEGISLATION.
ACQUISITION, OPERATION, AND MAINTENANCE OF BUILDINGS ABROAD
FOR AN ADDITIONAL AMOUNT FOR "ACQUISITION, OPERATION, AND MAINTENANCE
OF BUILDINGS ABROAD", $1,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED:
PROVIDED, THAT THIS APPROPRIATION SHALL BE AVAILABLE ONLY UPON THE
ENACTMENT INTO LAW OF AUTHORIZING LEGISLATION.
ACQUISITION, OPERATION, AND MAINTENANCE OF BUILDINGS ABROAD
(SPECIAL FOREIGN CURRENCY PROGRAM)
FOR AN ADDITIONAL AMOUNT FOR "ACQUISITION, OPERATION, AND MAINTENANCE
OF BUILDINGS ABROAD (SPECIAL FOREIGN CURRENCY PROGRAM)", $24,000, TO
REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT THIS APPROPRIATION
SHALL BE AVAILABLE ONLY UPON THE ENACTMENT INTO LAW OF AUTHORIZING
LEGISLATION.
PAYMENT TO FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
FOR AN ADDITIONAL AMOUNT FOR "PAYMENT TO FOREIGN SERVICE RETIREMENT
AND DISABILITY FUND", $17,563,000: PROVIDED, THAT THIS APPROPRIATION
SHALL BE AVAILABLE ONLY UPON THE ENACTMENT INTO LAW OF AUTHORIZING
LEGISLATION.
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
FOR AN ADDITIONAL AMOUNT FOR "CONTRIBUTIONS TO INTERNATIONAL
ORGANIZATIONS", $1,200,000.
CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN EAST AND
WEST
FOR AN ADDITIONAL AMOUNT FOR "CENTER FOR CULTURAL AND TECHNICAL
INTERCHANGE BETWEEN EAST AND WEST", $225,000.
SALARIES AND EXPENSES, ANTITRUST DIVISION
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES, ANTITRUST
DIVISION", $761,000.
FEES AND EXPENSES OF WITNESSES
FOR AN ADDITIONAL AMOUNT FOR "FEES AND EXPENSES OF WITNESSES",
$600,000, INCLUDING NOT TO EXCEED $150,000 FOR COMPENSATION AND EXPENSES
OF EXPERT WITNESSES.
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $75,000.
REGIONAL DEVELOPMENT PROGRAMS
THE AMOUNT MADE AVAILABLE IN THE APPROPRIATION UNDER THIS HEAD IN THE
DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATION ACT, 1974 //STAT. 646.// SHALL REMAIN AVAILABLE
UNTIL EXPENDED.
ADMINISTRATION OF PRIBILOF ISLANDS
FOR AN ADDITIONAL AMOUNT FOR "ADMINISTRATION OF PRIBILOF ISLANDS",
$330,000.
FISHERMAN'S GUARANTY FUND
FOR AN ADDITIONAL AMOUNT FOR "FISHERMEN'S GUARANTY FUND", $40,000, TO
REMAIN AVAILABLE UNTIL EXPENDED.
OFFSHORE SHRIMP FISHERIES FUND
FOR EXPENSES NECESSARY TO CARRYS OUT THE PROVISIONS OF THE OFFSHORE
SHRIMP FISHERIES ACT OF 1973 (PUBLIC LAW 93 - 242), //87 STAT. 1061, 16
USC 1100B NOTE.// $325,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
OPERATING-DIRRERENTIAL SUBSIDES (LIQUIDATION OF CONTRACT
AUTHORITY)
FOR AN ADDITIONAL AMOUNT FOR "OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)", $23,000,000, TO REMAIN AVAILABLE
UNTIL EXPENDED: PROVIDED, THAT THIS APPROPTIATION SHALL BE AVAILABLE
ONLY UPON THE ENACTMENT INTO LAW OF AUTHORIZING LEGISLATION.
REPRESENTATION BY COURT-APPOINTED COUNSEL AND OPERATION OF
DEFENDER ORGANIZATIONS
FOR AN ADDITIONAL AMOUNT FOR "REPRESENTATION BY COURT-APPOINTED
COUNSEL AND OPERATION OF DEFENDER ORGANIZATIONS", TO BE AVAILABLE FOR
THE COMPENSATION AND REIMBURSEMENT OF EXPENSES OF ATTORNEYS APPOINTED BY
JUDGES OF THE DISTRICT OF COLUMBIA COURT OF APPEALS OR BY JUDGES OF THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA, $2,000,000, OF WHICH NOT TO
EXCEED $800,000 SHALL BE AVAILABLE FOR THE LIQUIDATION OF OBLIGATIONS
INCURRD IN THE PRIOR YEAR.
FISHERMEN'S PROTECTIVE FUND
FOR PAYMENT TO THE "FISHERMEN'S PROTECTIVE FUND", IN ACCORDANCE WITH
SECTION 5 OF PUBLIC LAW 92 - 569 //86 STAT. 1183, 22 USC 1979.//
APPROVED OCTOBER 26, 1972, $1,000,000, TO REMAIN AVAILABLE UNTIL
EXPENDED.
INTERNATIONAL RADIO BRAODCASTING ACTIVITIES
FOR AN ADDITIONAL AMOUNT FOR "INTERNATIONAL RADIO BROADCASTING
ACTIVITIES", $4,500,000.
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $5,000,000, TO
BE TRANSFERRED FROM THE "DISASTER LOAN FUND".
SPECIAL INTERNATIONAL EXHIBITIONS
FOR AN ADDITIONAL AMOUNT FOR "SPECIAL INTERNATIONAL EXHIBITIONS",
$6,300,000, TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT NOT MORE
THAN $5,600,000 OF THE AMOUNT APPROPRIATED HEREIN SHALL BE USED FOR
UNITED STATES PARTICIPATION IN THE INTERNATIONAL OCEAN EXPOSITION TO BE
HELD IN OKINAWA, JAPAN IN 1975, INCLUDING NOT TO EXCEED $10,000 FOR
REPRESENTATION ABROAD: PROVIDED FURTHER, THAT NOT LESS THAN $2,500,000
OF THE AMOUNT APPROPRIATED FOR UNITED STATES PARTICIPATION IN THE
INTERNATIONAL OCEAN EXPOSITION SHALL BE PAID IN JAPANESE YEN ACCURED
UNDER THE SETTLEMENT ON POST WAR ECONOMIC ASSISTANCE BETWEEN THE UNITED
STATES AND JAPAN, DATED JANUARY 9, 1962: PROVIDED FURTHER, THAT THIS
APPROPRIATION SHALL BE AVAILABLE ONLY UPON ENACTMENT INTO LAW OF
APPROPRIATE AUTHORIZING LEGISLATION.
SALARIES AND EXPENSES
FOR AND ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $7,000,000, TO
REMAIN AVAILABLE UNTIL JUNE 30,1975.
INTERIM OPERATING ASSISTANCE
FOR AN ADDITIONAL AMOUNT FOR "INTERIM OPERATING ASSISTNACE",
$39,800,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
TRANSPORTATION, PLANNING, RESEARCH, AND DEVELOPMENT
FOR THE ADDITIONAL AMOUNT FOR "TRANSPORTATION PLANNING, RESEARCH, AND
DEVELOPMENT", $3,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
RETIRED PAY
FOR AN ADDITIONAL AMOUNT FOR "RETIRED PAY", $5,750,000.
INTER-AMERICAN HIGHWAY
FOR EXPENSES NECESSARY TO CARRY OUT THE PROVISIONS OF TITLE 23 OF THE
UNITED STATES CODE, AS AMENDED (SEC. 212), $56,000. //72 STAT. 909.//
RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION PROJECTS
FOR AN ADDITIONAL AMOUNT FOR RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION
PROJECTS, TO REMAIN AVAILABLE UNTIL EXPENDED, $2,218,000, TO BE DERIVED
BY TRANSFER FROM AMOUNTS AVAILABLE FOR OBLIGATION UNDER SECTIONS 203 AND
230 OF THE HIGHWAY SAFETY ACT OF 1973. //87 STAT. 282, 293, 23 USC 130
NOTE, 405.//
TRAFFIC AND HIGHWAY SAFETY
FOR AN ADDITIONAL AMOUNT FOR "TRAFFIC AND HIGHWAY SAFETY", $800,000,
WHICH SHALL BE DERIVED FROM THE HIGHWAY TRUST FUND, TO REMAIN AVAILABLE
UNTIL EXPENDED.
RAILROAD RESEARCH
FOR AN ADDITIONAL AMOUNT FOR "RAILROAD RESEARCH", $1,000,000, TO
REMAIN AVAILABLE UNTIL EXPENDED AND TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION "EMERGENCY RAIL FACILITIES RESTORATION."
HIGH SPEED GROUND TRANSPORTATION RESEARCH AND DEVELOPEMENT
FOR AN ADDITIONAL AMOUNT FOR "HIGH SPEED GROUND TRANSPORTATION
RESEARCH AND DEVELOPMENT", $5,000,000, TO REMAIN AVAILABLE UNTIL
EXPENDED AND TO BE DERIVED BY TRANSFER FROM THE APPROPRIATION "EMERGENCY
RAIL FACILITIES RESTORATION."
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
FOR AN ADDITIONAL AMOUNT FOR "GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION", $47,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED,
OF WHICH $2,000,000 IS PROVIDED ONLY FOR THE INITIATION OF A NEW SERVICE
AS SET FORTH IN SECTION 403 OF PUBLIC LAW 91 - 518, AS AMENDED. //84
STAT. 1335; 86 STAT. 229, 45 USC 563.//
PAYMENTS TO AIR CARRIERS
FOR AN ADDITIONAL AMOUNT FOR "PAYMENTS TO AIR CARRIERS", $6,834,000,
TO REMAIN AVAILABLE UNTIL EXPENDED.
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $3,500,000, OF
WHICH $3,400,000 SHALL REMAIN AVAILABLE UNTIL JUNE 30, 1975, FOR
NECESSARY EXPENSES OF THE RAIL SERVICES PLANNING OFFICE TO CARRY OUT THE
POWERS AND DUTIES AUTHORIZED BY THE REGIONAL REORGANIZATION ACT OF 1973.
//87 STAT. 985, 45 USC 701 NOTE.//
ADMINISTRATIVE EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "ADMINISTRATIVE EXPENSES", $12,000,000,
TO REMAIN AVAILABLE UNTIL JUNE 30, 1975.
FEDERAL CONTRIBUTION
FOR AN ADDITIONAL AMOUNT FOR "FEDERAL CONSTIBUTION", TO ENABLE THE
DEPARTMENT OF TRANSPORTATION TO PAY THE WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY, $13,600,000, TO REMAIN AVAILABLE UNTIL EXPENDED, FOR
THE DESIGN, CONSTRUCTION, PROCUREMENT, AND INSTALLATION OF ELEVATORS FOR
THE HANDICAPPED IN ALL 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). //87 STAT. 250, 23 USC 101 NOTE.//
SALARIES AND EXPENSES FOR AN ADDITIONAL AMOUNT FOR "SALARIES
AND EXPENSES", $10,778,000.
ADMINISTERING THE PUBLIC DEBT
FOR AN ADDITIONAL AMOUNT FOR "ADMINISTREING THE PUBLIC DEBT",
$2,000,000.
ACCOUNTS, COLLECTION AND TAXPAYER SERVICE
FOR AN ADDITIONAL AMOUNT FOR "ACCOUNTS, COLLECTION AND TAXPAYER
SERVICE", $17,000,000.
SALARIES AND EXPENSES
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", INCLUDING
PURCHASE OF AN ADDITIONAL ELEVEN PASSENGER MOTOR VEHICLES FOR
POLICE-TYPW USE, $2,700,000: PROVIDED, THAT FUNDS APPROPRIATED TO THE
UNITED STATES SECRET SERVICE SHALL BE AVAILABLE TO PROVIDE PROTECTION TO
THE IMMEDIATE FAMILY OF THE VICE PRESIDENT OF THE UNITED STATES.
PAYMENT TO THE POSTAL SERVICE FUND
FOR AN ADDITIONAL AMOUNT FOR "PAYMENT TO THE POSTAL SERVICE FUND",
$220,000,000.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS
FOR AN ADDITIONAL AMOUNT FOR "GOVERNMENT PAYMENT FOR ANNUITANTS,
EMPLOYEES HEALTH BENEFITS", $38,000,000.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
FOR AN ADDITIONAL AMOUNT FOR "PAYMENT TO CIVIL SERVICE RETIREMENT AND
DISABILITY FUND", $292,000,000.
CLAIMS AND JUDGMENTS
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 237, NINETY-THIRD
CONGRESS, $20,977,448, 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 FUDGMENT, 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:
LEGISLATIVE BRANCH
SENATE "SALARIES, OFFICERS AND EMPLOYEES", $1,000,000; "OFFICE
OF THE LEGISLATIVE COUNSEL OF THE SENATE", $21,365;
CONTINGENT EXPENSES OF THE SENATE "SENATE POLICY COMMITTEES",
$45,330; "INQUIRIES AND INVESTIGATIONS", $1,067,975; "FOLDING
DOCUMENTS", $6,635; "MISCELLANEOUS ITEMS", $1,545;
SALARIES, OFFICERS AND EMPLOYEES "OFFICE OF THE SPEAKER",
$18,920; "OFFICE OF THE PARLIAMENTARIAN", $12,275; "COMPILATION
OF PRECEDENTS OF HOUSE OF REPRESENTATIVES", $1,680; "OFFICE OF
THE CLERK", $274,910; "OFFICE OF THE SERGEANT AT ARMS", $387,965;
"OFFICE OF THE DOORKEEPER", $64,930; "OFFICE OF THE POSTMASTER",
$53,360; "COMMITTEE EMPLOYEES", $100,000; SPECIAL AND MINORITY
EMPLOYEES:
"SIX MINORITY EMPLOYEES", $5,620;
"HOUSE DEMOCRATIC STEERING COMMITTEE", $1,515;
"HOUSE REPUBLICAN CONFERENCE", $1,515;
"OFFICE OF THE MAJORITY FLOOR LEADER", $10,225;
"OFFICE OF THE MINORITY FLOOR LEADER", $8,740;
"OFFICE OF THE MAJORITY WHIP", $7,230;
"OFFICE OF THE MINORITY WHIP", $7,230:
"TWO PRINTING CLERKS, MAJORITY AND MINORITY CAUCUS ROOMS",
$2,175;
"TECHNEICAL ASSISTANT, OFFICE OF THE ATTENDING PHYSICIAN",
$1,960;
"OFFICIAL REPORTERS OF DEBATES", $15,165;
"OFFICIAL REPORTERS TO COMMITTEES", $15,755;
"COMMITTEE ON APPROPRIATIONS (INVESTIGATIONS)", $12,865;
"OFFICE OF THE LEGISLATIVE COUNSEL", $37,825;
MEMBERS' CLERK HIRE
"MEMBERS' CLERK HIRE", $4,715,500;
CONTINGENT EXPENSES OF THE HOUSE
"GOVERNMENT CONTRIBUTIONS", $487,460;
"SPECIAL AND SELECT COMMITTEES", $744,990;
LEADERSHIP AUTOMIBLES:
"SPEAKER'S AUTOMOBILE", $1,395;
"MAJORITY LEADER'S AUTOMIBLE", $1,395;
"MINORITY LEADER'S AUTOMOBILE", $1,395;
JOINT ITEMS
"JOINT COMMITTEE ON REDUCTION OF FEDERAL EXPENDITURES", $6,360, TO
REMAIN AVAILABLE DURING THE EXISTENCE OF THE COMMITTEE;
"JOINT ECONOMIC COMMITTEE", $57,390;
"JOINT ECONOMIC COMMITTEE--SUBCOMMITTEE ON FISCAL POLICY", $15,505;
"JOINT COMMITTEE ON PRINTING", $19,080;
"JOINT COMMITTEE ON INTERNAL REVENUE TAXATION", $58,460;
"JOINT COMMITTEE ON DEFENSE PRODUCTION", $12,125;
"JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS", $43,290;
"CAPITOL GUIDE SERVICE", $23,540;
ARCHITECT OF THE CAPITOL
OFFICE OF THE ARCHITECT OF THE CAPITOL: "SALARIES", $62,000;
"CAPITOL BUILDINGS", $110,000;
"CAPITOL GROUNDS", $24,000;
"SENATE OFFICE BUILDINGS", $281,500;
"SENATE GARAGE", $2,800;
"HOUSE OFFICE BUILDINGS", $371,600;
"CAPITOL POWER PLANT", $15,000;
"LIBRARY BUILDINGS AND GROUNDS: STRUCTUAL AND MECHANICAL CARE",
$37,000;
BOTANIC GARDEN
"SALARIES AND EXPENSES", $24,500;
LIBRARY OF CONGRESS
"SALARIES AND EXPENSES", $2,660,000;
COPYRIGHT OFFICE: "SALARIES AND EXPENSES", $269,000;
CONGRESSIONAL RESEARCH SERVICE: "SALARIES AND EXPENSES",
$464,000;
DISTRIBUTION OF CATALOG CARDS: "SALARIES AND EXPENSES", $483,000;
BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED: "SALARIES AND
EXPENSES", $49,000;
REVISION OF ANNOTATED CONSTITUTION: "SALARIES AND EXPENSES", $2,900,
TO REMAIN AVAILABLE UNTIL EXPENDED;
REVISION OF HINDS' AND CANNON'S PRECEDENTS: "SALARIES AND EXPENSES",
$11,400;
OFFICE OF SUPERINTENDENT OF DOCUMENTS
"SALARIES AND EXPENSES", $400,000;
GENERAL ACCOUNTING OFFICE
"SALARIES AND EXPENSES", $5,600,000;
UNITED STATES TAX COURT
"SALARIES AND EXPENSES", $58,000;
SUPREME COUT OF THE UNITED STATES
"SALARIES", $190,000;
"AUTOMOBILE FOR THE CHIEF JUSTICE", $1,000;
"CARE OF THE BUILDING AND GROUNDS", $16,300;
CUSTOMS COURT
"SALARIES AND EXPENSES", $83,000;
COURT OF CLAIMS
"SALARIES AND EXPENSES", $40,000;
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL SERVICES
"SALARIES OF SUPPORTING PERSONNEL", $6,550,000;
"REPRESENTATION BY COURT-APPOINTED COUNSEL AND OPERATION OF
DEFENDER ORGANIZATIONS", $175,000;
"ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS",
$302,000;
"EXPENSES OF REFEREES", $640,000, 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
MONEYS IN THE TREASURY NOT OTHERWISE APPROPRIATED;
FEDERAL JUDICIAL CENTER
"SALARIES AND EXPENSES", $73,000;
THE WHITE HOUSE OFFICE
"SALARIES AND EXPENSES", $650,000;
EXECUTIVE RESIDENCE
"OPERATING EXPENSES", $63,000;
SPECIAL ASSISTANCE TO THE PRESIDENT
"SPECIAL ASSISTANCE TO THE PRESIDENT", $17,000;
COUNCIL OF ECONOMIC ADVISERS
"SALARIES AND EXPENSES", $38,000;
COUNCIL ON INTERNATIONAL ECONOMIC POLICY
"SALARIES AND EXPENSES", $26,000;
OFFICE OF MANAGEMENT AND BUDGET
"SALARIES AND EXPENSES", $900,000;
OFFICE OF TELECOMMUNICATIONS POLICY
"SALARIES AND EXPENSES", $56,000;
SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS
"SALARIES AND EXPENSES", $19,000;
ECONOMIC STABILIZATION ACTIVITIES
"SALARIES AND EXPENSES", $3,395,000;
FOREIGN ASSISTANCE
ECONOMIC ASSISTANCE
"ADMINISTRATIVE AND OTHER EXPENSES", $119,000, TO BE DERIVED BY
TRANSFER FROM OTHER APPROPRIATIONS UNDER THE HEADING ECONOMIC
ASSISTANCE, FISCAL YEAR 1974;
"OFFICE OF THE SECRETARY", $683,000;
"OFFICE OF THE INSPECTOR GENERAL", $989,000, AND IN ADDITION,
$284,000 SHALL BE DERIVED BY TRANSFER FROM THE APPROPRIATION, "FOOD
STAMP PROGRAM" AND MERGED WITH THIS APPROPRIATION;
"OFFICE OF THE GENERAL COUNSEL", $572,000;
"OFFICE OF MANAGEMENT SERVICES", $308,000;
"AGRICULTURAL RESEARCH SERVICE", $12,353,000;
"ANIMAL AND PLANT HEALTH INSPECTION SERVICE", $17,651,000;
"COOPERATIVE STATE RESEARCH SERVICE", $148,000, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION "SALARIES AND EXPENSES", AGRICULTURAL
STABILAZATION AND CONSERVATION SERVICE, FISCAL YEAR 1974;
"EXTENSION SERVICE", FOR "FEDERAL ADMINISTRATION AND COORDINATION",
$308,000, TO BE DERIVED BY TRANSFER FROM "PAYMENTS FOR THE NUTRITION AND
FAMILY EDUCATION PROGRAM FOR LOW-INCOME AREAS UNDER SECTION 3(D) OF THE
(SMITH-LEVER) ACT";
"NATIONAL AGRICULTURAL LIBRARY", $242,000, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR THE "CROPLAND ADJUSTMENT PROGRAM", FISCAL
YEAR 1974;
"STATISTICAL REPORTING SERVICE", $1,357,000, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR THE "CROPLAND ADJUSTMENT PROGRAM",
FISCAL YEAR 1974;
"ECONOMIC RESEARCH SERVICE", $1,307,000;
"COMMODITY EXCHANGE AUTHORITY", $214,000, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION, "SALARIES AND EXPENSES", AGRICULTURAL
STABILIZATION AND CONSERVATION SERVICE, FISCAL YEAR 1974;
"PACKERS AND STOCKYARDS ADMINISTRATION", $276,000;
"FARMER COOPERATIVE SERVICE", $141,000;
"FOREIGN AGRICULTURAL SERVICE", $881,000;
FEDERAL CROP INSURANCE CORPORATION: "ADMINISTRATIVE AND OPERATING
EXPENSES", $1,008,000 WHICH MAY BE PAID FROM PREMIUM INCOME;
"RURAL DEVELOPMENT SERVICE", $28,000;
RURAL ELECTRFICATION ADMINISTRATION: "SALARIES AND EXPENSES",
$769,000;
FARMERS HOME ADMINISTRATION: "SALARIES AND EXPENSES", $8,350,000;
SOIL CONSERVATION SERVICE: "CONSERVATION OPERATIONS", $5,457,000, TO
REMAIN AVAILABLE UNTIL EXPENDED;
AGRICULTURAL MARKETING SERVICE: "MARKETING SERVICES", $2,222,000, TO
BE DERIVED BY TRANSFER FROM THE APPROPRIATION "SALARIES AND EXPENSES",
AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE, FISCAL YEAR 1974;
"FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)"
(INCREASE OF $232,000 IN THE LIMITATION ON MARKETING AGREEMENTS AND
ORDERS);
FOREST SERVICE
"FOREST PROTECTION AND UTILIZATION", FOREST LAND MANAGEMENT",
$13,400,000, OF WHICH $55,000 FOR COOPERATIVE LAW ENFORCEMENT SHALL
REMAIN AVAILABLE UNTIL EXPENDED; "FOREST RESEARCH", $3,400,000; AND
"STATE AND PRIVATE FORESTRY COOPERATION", $262,000;
"FOREST ROADS AND TRAILS (LIQUIDATION OF CONTRACT AUTHORITY)",
$5,500,000, TO REMAIN AVAILABLE UNTIL EXPENDED;
GENERAL ADMINISTRATION
"SALARIES AND EXPENSES", $550,000;
"ADMINISTRATION OF ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS",
$1,100,000;
SOCIAL AND ECONOMIC STATISTICS ADMINISTRATION
"SALARIES AND EXPENSES", $2,700,000;
"PERIODIC CENSUSES AND PROGRAMS", $1,300,000, TO REMAIN AVAILABLE
UNTIL EXPENDED;
DOMESTIC AND INTERNATIONAL BUSINESS ADMINISTRATION
"SALARIES AND EXPENSES", $2,600,000;
FOREIGN DIRECT INVESTMENT ADMINISTRATION
"SALARIES AND EXPENSES", $100,000;
MINORITY BUSINESS ENTERPRISE
"MINORITY BUSINESS DEVELOPMENT", $450,000, TO REMAIN AVAILABLE UNTIL
EXPENDED;
UNITED STATES TRAVEL SERVICE
"SALARIES AND EXPENSES", $100,000;
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
"OPERATIONS, RESEARCH, AND FACILITIES", $17,250,000, TO REMAIN
AVAILABLE UNTIL EXPENDED, OF WHICH $2,178,000 SHALL BE DERIVED BY
TRANSFER FROM FUNDS APPROPRIATED TO SUPPORT THE VESSEL CONSTRUCTION AND
SUBSIDY PROGRAM;
"ADMINISTRATION OF PRIBILOF ISLANDS", $155,000;
SCIENCE AND TECHNOLOGY
"SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES", $7,350,000, TO
REMAIN AVAILABLE UNTIL EXPENDED;
MARTIME ADMINISTRATION
"OPERATIONS AND TRAINING", $1,800,000, TO REMAIN AVAILABLE UNTIL
EXPENDED;
MILITARY PERSONNEL
"MILITARY PERSONNEL, ARMY", $585,850,000;
"MILITARY PERSONNEL, NAVY", $308,650,000;
"MILITARY PERSONNEL, MARINE CORPS", $113,834,000;
"MILITARY PERSONNEL, AIR FORCE", $564,950,000;
"RESERVE PERSONNEL, ARMY", $23,092,000;
"RESERVE PERSONNEL, NAVY", $11,197,000;
"RESERVE PERSONNEL, MARINE CORPS", $1,527,000;
"RESERVE PERSONNEL, AIR FORCE", $6,885,000;
"NATIONAL GUARD PERSONNEL, ARMY", $69,600,000;
"NATIONAL GUARD PERSONNEL, AIR FORCE", $7,583,000;
OPERATION AND MAINTENANCE
"OPERATION AND MAINTENANCE, ARMY", $260,400,000;
"OPERATION AND MAINTENANCE, NAVY", $191,000,000;
"OPERATION AND MAINTENANCE, MARINE CORPS", $13,500,000;
"OPERATION AND MAINTENANCE, AIR FORCE", $155,000,000;
"OPERATION AND MAINTENANCE, DEFENSE AGENCIES", $88,000,000;
"OPERATION AND MAINTENANCE, ARMY RESERVE", $10,200,000;
"OPERATION AND MAINTENANCE, NAVY RESERVE", $3,300,000;
"OPERATION AND MAINTENANCE, MARINE CORPS RESERVE", $48,000;
"OPERATION AND MAINTENANCE, AIR FORCE RESERVE", $7,700,000;
"OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD", $20,800,000;
"OPERATION AND MAINTENANCE, AIR NATIONAL GUARD", $16,375,000;
"NATIONAL BOARD FOR THE PROMOTION OF RIFLE PRACTICE, ARMY". $10,000;
"COURT OF MILITARY APPPEALS DEFENSE", $50,000;
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
"RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY", $26,914,000, TO
REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1975;
"RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY", $28,885,000, TO
REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1975;
"RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, NAVY", $28,885,000, TO
REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1975;
"RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, AIR FORCE",
$22,093,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1975;
"RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, DEFENSE AGENCIES",
$3,761,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1975;
FAMILY HOUSING
"FAMILY HOUSING, DEFENSE", $3,866,000 (AND AN INCREASE OF $3,866,000
IN THE LIMITATION ON DEPARTMENT OF DEFENSE, OPERATION, MAINTENANCE);
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS--CIVIL
"GENERAL EXPENSES", $2,200,000;
SOLDIERS' AND AIRMEN'S HOME
"OPERATION AND MAINTENANCE", $516,000;
THE PANAMA CANAL
CANAL ZONE GOVERNMENT
"OPERATING EXPENSES", $1,000,000.
PANAMA CANAL COMPANY
"LIMITAION ON GENERAL AND ADMINISTRATIVE EXPENSES" (INCREASE OF
$1,294,000 IN THE LIMITATION ON GENERAL AND ADMINISTRATIVE EXPENSES);
FOOD AND DRUG ADMINISTRATION
"SALARIES AND EXPENSES", $5,370,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "HEALTH MANPOWER", FISCAL YEAR 1974;
HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION
"SAINT ELIZABETHS HOSPITAL", $3,784,000, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR "MENTAL HEALTH", FISCAL YEAR 1974;
"HEALTH SERVICES DELIVERY", $2,470,000, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATIONS FOR "HEALTH SERVICES PLANNING AND DEVELOPMENT",
FISCAL YEAR 1974;
"PREVENTIVE HEALTH SERVICES", $1,789,000, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR "HEALTH SERVICES PLANNING AND DEVELOPMENT",
FISCAL YEAR 1974;
"NATIONAL HEALTH STATISTICS", $1,024,0008 TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR "HEALTH SERVICES PLANNING AND DEVELOPMENT",
FISCAL YEAR 1974;
"OFFICE OF THE ADMINISTRATOR", $945,000, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR "HEALTH SERVICES PLANNING AND DEVELOPMENT",
FISCAL YEAR 1974;
"INDIAN HEALTH SERVICES", $9,410,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "MENTAL HEALTH", FISCAL YEAR 1974;
NATIONAL INSTITUTES OF HEALTH
"NATIONAL LIBRARY OF MEDICINE", $458,000 TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR "RESEARCH RESOURCES", FISCAL YEAR 1974;
"OFFICE OF THE DIRECTOR", $903,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "RESEARCH RESOURCES", FISCAL YEAR 1974;
OFFICE OF THE ASSISTANT SECRETARY FOR EDUCATION
"SALARIES AND EXPENSES, ASSISTANT SECRETARY FOR EDUCATION", $124,000,
TO BE DERIVED BY TRANSFER FROM THE APPROPTIATION FOR "LIBRARY
RESOURCES", FISCAL YEAR 1974;
OFFICE OF EDUCATION
"SALARIES AND EXPENSES", $1,500,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "LIBRARY RESOURCES", FISCAL YEAR 1974;
NATIONAL INSTITUTE OF EDUCATION
"NATIONAL INSTITUTE OF EDUCATION", $700,000, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "LIBRARY RESOURCES", FISCAL YEAR
1974;
SOCIAL SECURITY ADMINISTRATION
"SPECIAL BENEFITS FOR DISABLED COAL MINERS", $1,746,000, TO BE
DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "ELEMENTARY AND SECONDARY
EDUCATION", FISCAL YEAR 1974;
OFFICE OF THE SECRETARY
"OFFICE FOR CIVIL RIGHTS", $1,302,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "CHILD DEVELOPMENT", FISCAL YEAR 1974;
"OFFICE OF CONSUMER AFFAIRS", $82,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "CHILD DEVELOPMENT", FISCAL YEAR 1974;
"DEPARTMENTAL MANAGEMENT", $5,096,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "CHILD DEVELOPMENT", FISCAL YEAR 1974;
HOUSING PRODUCTION AND MORTGAGE CREDIT
"SALARIES AND EXPENSES, HOUSING PRODUCTION AND MORTGAGE CREDIT
PROGRAMS", $126,000;
"LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, FEDERAL
HOUSING ADMINISTRATION" (INCREASE OF $365,000 IN THE LIMITATION ON
ADMINISTRATIVE EXPENSES AND INCREASE $945,000 IN THE LIMITATION ON
NONADMINISTRATIVE EXPENSES);
"LIMITATION ON ADMINISTRATIVE EXPENSES, GOVERNMENT NATIONAL MORTGAGE
ASSOCIATION" (INCREASE $22,000 IN THE LIMITATION ON ADMINISTRATIVE
EXPENSES);
HOUSING MANAGEMENT
"SALARIES AND EXPENSES, HOUSING MANAGEMENT PROGRAMS", $621,000;
COMMUNITY PLANNING AND MANAGEMENT
"SALARIES AND EXPENSES, COMMUNITY PLANNING AND MANAGEMENT PROGRAMS",
$225,000;
COMMUNITY DEVELOPMENT
"SALARIES AND EXPENSES, COMMUNITY DEVELOPMENT PROGRAMS", $591,000;
RESEARCH AND TECHNOLOGY
"RESEARCH AND TECHNOLOGY" (INCREASE OF $109,000 IN THE LIMITATION ON
ADMINISTRATIVE EXPENSES);
FAIR HOUSING AND EQUAL OPPORTUNITY
"FAIR HOUSING AND EQUAL OPPORTUNITY", $231,000;
DEPARTMENT MANAGEMENT
"GENERAL DEPARTMENT MANAGEMENT", $119,000;
"SALARIES AND EXPENSES, OFFICE OF GENERAL COUNSEL", $87,000;
"SALARIES AND EXPENSES, OFFICE OF INSPECTOR GENERAL", $174,000;
"ADMINISTRATION AND STAFF SERVICES", $190,000;
"REGIONAL MANAGEMENT AND SERVICES", $444,000;
BUREAU OF LAND MANAGEMENT
"MANAGEMENT OF LANDS AND RESOURCES", $5,000,000;
BUREAU OF INDIAN AFFAIRS
"EDUCATION AND WELFARE SERVICES", $10,400,000;
"RESOURCES MANAGEMENT", $4,500,000;
"GENERAL ADMINISTRATIVE EXPENSES", $350,000;
BUREAU OF OUTDOOR RECREATION
"SALARIES AND EXPENSES", $300,000;
"LAND AND WATER CONSERVATION" (INCREASE OF $350,000 IN THE LIMITATION
ON ADMINISTRATIVE EXPENSES);
GEOLOGICAL SURVEY
"SURVEYS, INVESTIGATIONS, AND RESEARCH", $9,500,000;
BUREAU OF MINES
"MINES AND MINERALS", $6,746,000;
BUREAU OF SPORT FISHERIES AND WILDLIFE
"RESOURCE MANAGEMENT", $5,250,000;
NATIONAL PARK SERVICE
"OPERATION OF THE NATIONAL PARK SYSTEM", $10,700,000;
"PRESERVATION OF HISTORIC PROPERTIES", $283,000, TO REMAIN AVAILABLE
UNTIL EXPENDED;
OFFICE OF WATER RESOURCES RESEARCH
"SALARIES AND EXPENSES", $80,000;
BUREAR OF RECLAMATION
"GENERAL ADMINISTRATIVE EXPENSES", $1,200,000, TO BE DERIVED FROM THE
RECLAMATION FUND;
BONNEVILLE POWER ADMINISTRATION
"OPERATION AND MAINTENANCE", $1,833,000;
SOUTHWESTERN POWER ADMINISTRATION
"OPERATION AND MAINTENANCE", $67,000;
OFFICE OF THE SOLICITOR
"SALARIES AND EXPENSES", $590,000;
OFFICE OF THE SECRETARY
"SALARIES AND EXPENSES", $1,070,000;
"DEPARTMENTAL OPERATIONS", $340,000;
LEGAL ACTIVITIES AND GENERAL ADMINISTRATION
"SALARIES AND EXPENSES, GENERAL ADMINISTRATION", $900,000;
"SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES", $3,250,000;
"SALARIES AND EXPENSES, ANTITRUST DIVISION", $1,010,000;
"SALARIES AND EXPENSES, UNITED STATES ATTORNEYS AND MARSHALS",
$6,650,000;
"SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE", $233,000;
FEDERAL BUREAU OF INVESTIGATION
"SALARIES AND EXPENSES", $25,788,000;
IMMIGRATION AND NATURALIZATION SERVICE
"SALARIES AND EXPENSES", $10,406,000;
FEDERAL PRISON SYSTEM
"SALARIES AND EXPENSES, BUREAU OF PRISONS", $8,103,000;
FEDERAL PRISON INDUSTRIES, INCORPORATED
"LIMITATION ON ADMINISTRATIVE AND VOCATIONAL TRAINING EXPENSES,
FEDERAL PRISON INDUSTRIES, INCORPORATED" (INCREASE OF $79,000 IN THE
LIMITATION ON ADMINISTRATIVE EXPENSES AND OF $350,000 IN THE LIMITATION
ON VOCATIONAL TRAINING EXPENSES);
DRUG ENFORCEMENT ADMINISTRATION
"SALARIES AND EXPENSES", $5,434,000;
LABOR-MANAGEMENT SERVICES ADMINISTRATION
"SALARIES AND EXPENSES", $898,000;
EMPLOYMENT STANDARDS ADMINISTRATION
"SALARIES AND EXPENSES", $2,218,000;
BUREAU OF LABOR STATISTICS
"SALARIES AND EXPENSES", $1,235,000, OF WHICH $444,000 SHALL BE
AVAILABLE, IN ADDITION TO THE AMOUNT HERETOFORE MADE AVAILABLE, FOR
EXPENSES OF REVISING THE CONSUMER PRICE INDEX;
DEPARTMENT MANAGEMENT
"SALARIES AND EXPENSES", $1,249,000, OF WHICH $24,000 SHALL BE
AVAILABLE, IN ADDITION TO THE AMOUNT HERETOFORE MADE AVAILABLE, FOR THE
PRESIDENT'S COMMITTEE ON EMPLOYMENT OF THE HANDICAPPED.
ADMINISTRATION OF FOREIGN AFFAIRS
"SALARIES AND EXPENSES", $13,130,000;
"ACQUISITION, OPERATION, AND MAINTENANCE OF BUILDINGS ABROAD",
$185,000, TO REMAIN AVAILABLE UNTIL EXPENDED;
INTERNATIONAL ORGANIZATIONS AND CONFERENCES
"MISSIONS TO INTERNATIONAL ORGANIZATIONS", $226,000;
"INTERNATIONAL TRADE NEGOTIATIONS", $44,000;
INTERNATIONAL COMMISSIONS
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND
MEXICO: "SALARIES AND EXPENSES", $311,000;
"AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS", $53,000;
"INTERNATIONAL FISHERIES COMMISSIONS", $58,000;
EDUCATIONAL EXCHANGE
"MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACTIVITIES", $787,000;
OTHER
"MIGRATION AND REFUGEE ASSISTANCE", $25,000;
COAST GUARD
"OPERATING EXPENSES", $39,500,000;
"RESERVE TRAINING", $1,770,000;
FEDERAL AVIATION ADMINISTRATION
"OPERATIONS", $82,000,000;
"OPERATION AND MAINTENANCE, NATIONAL CAPITAL AIRPORTS", $342,000;
FEDERAL HIGHWAY ADMINISTRATION
"SALARIES AND EXPENSES", $300,000 AND IN ADDITION, NOT TO EXCEED
$5,000,000 SHALL BE TRANSFERRED FROM THE APPROPRIATION FOR "FEDERAL-AID
HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION) (TRUST FUND)";
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
"TRAFFIC AND HIGHWAY SAFETY", $1,000,000, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION "EMERGENCY RAIL FACILITIES RESTORATION";
FEDERAL RAILROAD ADMINISTRATION
"OFFICE OF THE ADMINISTRATOR, SALARIES AND EXPENSES", $200,000, TO BE
DERIVED BY TRANSFER FROM THE APPROPRIATION "EMERGENCY RAIL FACILITIES
RESTORATION";
"RAILROAD SAFETY", $448,000, OF WHICH $111,000 IS TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION "EMERGENCY RAIL FACILITIES RESTORATION";
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
"LIMITATION ON ADMINISTRATIVE EXPENSES, SAINT LAWRENCE SEAWAY
DEVELOPMENT CORPORATION", (INCREASE OF $26,000 IN THE LIMITATION ON
ADMINISTRATIVE EXPENSES);
NATIONAL TRANSPORTATION SAFETY BOARD
"SALARIES AND EXPENSES", $280,000;
OFFICE OF THE SECRETARY
"SALARIES AND EXPENSES", $950,000;
FEDERAL LAW ENFORCEMENT TRAINING CENTER
"SALARIES AND EXPENSES", $50,000;
BUREAU OF ACCOUNTS
"SALARIES AND EXPENSES", $1,300,000;
BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS
"SALARIES AND EXPENSES", $5,448,000;
BUREAU OF CUSTOMS
"SALARIES AND EXPENSES", $15,500,000;
BUREAU OF THE MINT
"SALARIES AND EXPENSES", $1,915,000;
BUREAU OF THE PUBLIC DEBT
"ADMINISTERING THE PUBLIC DEBT", $1,880,000;
INTERNAL REVENUE SERVICE
"SALARIES AND EXPENSES", $2,400,000;
"ACCOUNTS, COLLECTION AND TAXPAYER SERVICE", $36,000,000, INCLUDING
$5,240,000 FOR TEMPORARY EMPLOYMENT IN ADDITION TO THAT HERETOFORE
AUTORIZED;
"COMPLIANCE", $44,000,000;
OFFICE OF THE TREASURER
"SALARIES AND EXPENSES", $800,000;
UNITED STATES SECRET SERVICE
"SALARIES AND EXPENSES", $3,350,000;
"OPERATING EXPENSES", $11,200,000, TO REMAIN AVAILABLE UNTIL
EXPENDED;
"RESEARCH AND DEVELOPMENT", $1,200,000;
"ABATEMENT AND CONTROL", $2,300,000;
"ENFORCEMENT", $1,000,000;
"AGENCY AND REGIONAL MANAGEMENT", $1,100,000;
PUBLIC BUILDING SERVICE
"OPERATING EXPENSES", $11,250,000;
FEDERAL SUPPLY SERVICE
"OPERATING EXPENSES", $5.950,000;
NATIONAL ARCHIVES AND RECORD SERIVCE
"OPERATING EXPENSES", $850,000;
"RECORDS DECLASSIFICATION", $85,000;
AUTOMATED DATA AND TELECOMMUNICATIONS SERVICE
"OPERATING EXPENSES", $500,000;
PROPERTY MANAGEMENT AND DISPOSAL SERVICE
"OPERATING EXPENSES", $1,700,000;
OFFICE OF THE ADMINISTRATOR
"SALARIES AND EXPENSES", $200,000;
"CONSUMER INFORMATION CENTER", $30,000;
"INDIAN TRIBAL CLAIMS", $90,000;
"ADMINISTRATIVE OPERATIONS FUND", IN ADDITION TO THE AMOUNT AVAILABLE
FOR OBLIGATION IN THIS ACCOUNT, $2,957,000 SHALL ALSO BE AVAILABLE FOR
SUCH OBLIGATION;
EMERGENCY PREPAREDNESS
"SALARIES AND EXPENSES", $250,000;
"DEFENSE MOBILIZATION FUNCTIONS OF FEDERAL AGENCIES", $260,000;
"RESEARCH AND PROGRAM MANAGEMENT", $37,600,000;
"MEDICAL CARE", $143,377,000;
"MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES",
$1,463,000;
"GENERAL OPERATING EXPENSES", $21,623,000;
"CONSTRUCTION, MINOR PROJECTS", $315,000, TO REMAIN AVAILABLE UNITL
EXPENDED;
ACTION
"OPERATING EXPENSES, DOMESTIC PROGRAMS", $899,000;
"INTERNATIONAL PROGRAMS, PEACE CORPS", $1,000,000;
AMERICAN BATTLE MONUMENTS COMMISSION
"SALARIES AND EXPENSES", $300,000;
ARMS CONTROL AND DISARMAMENT AGENCY
"ARMS CONTROL AND DISARMAMENT ACTIVITIES", $330,000;
CIVIL AERONAUTICS BOARD
"SALARIES AND EXPENSES", $770,000;
CIVIL SERVICE COMMISSION
"SALARIES AND EXPENSES", $4,700,000; TOGETHER WITH AN ADDITIONAL
AMOUNT OF $1,016,800 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;
FEDERAL LABOR RELATIONS COUNCIL
"SALARIES AND EXPENSES", $57,000;
COMMISSION OF FINE ARTS
"SALARIES AND EXPENSES", $10,000;
COMMISSION ON CIVIL RIGHTS
"SALARIES AND EXPENSES", $250,000;
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
"SALARIES AND EXPENSES", $1,400,000;
FARM CREDIT ADMINISTRATION
"LIMITATION ON ADMINISTRATIVE EXPENSES" (INCREASE OF $126,000 IN THE
LIMITATION ON ADMINISTRATIVE EXPENSES);
FEDERAL COMMUNICATIONS COMMISSION
"SALARIES AND EXPENSES", $295,000;
FEDERAL HOME LOAN BANK BOARD
"LIMITATION ON ADMINISTRATIVE AND NONADMINISTRATIVE EXPENSES, FEDERAL
HOME LOAN BANK BOARD" (INCREASE OF $450,000 IN THE LIMITATION ON
ADMINISTRATIVE EXPENSES AND INCREASE OF $430,000 IN THE LIMITATION ON
NONADMINISTRATIVE EXPENSES);
FEDERAL MARTIME COMMISSION
"SALARIES AND EXPENSES", $385,000;
FEDERAL MEDIATION AND CONCILIATION SERVICE
"SALARIES AND EXPENSES", $770,000;
FEDERAL POWER COMMISSION
"SALARIES AND EXPENSES", $1,500,000;
FEDERAL TRADE COMMISSION
"SALARIES AND EXPENSES", $1,896,000;
FOREIGN CLAIMS SETTLEMENT COMMISSION
"SALARIES AND EXPENSES", $42,000;
AMERICAN REVOLUTION BICENTENNIAL ADMINISTRATION
"SALARIES AND EXPENSES", $130,000;
INDIAN CLAIMS COMMISSION
"SALARIES AND EXPENSES", $78,000;
ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS
"SALARIES AND EXPENSES", $70,000;
INTERSTATE COMMERCE COMMISSION
"SALARIES AND EXPENSES", $2,340,000;
NATIONAL CAPITAL PLANNING COMMISSION
"SALARIES AND EXPENSES", $100,000;
NATIONAL COUNCIL ON INDIAN OPPORTUNITY
"SALARIES AND EXPENSES", $7,000.
NATIONAL LABOR RELATIONS BOARD
"SALARIES AND EXPENSES", $1,007,000;
NATIONAL MEDIATION BOARD
"SALARIES AND EXPENSES", $63,000;
NATIONAL SCIENCE FOUNDATION
"SALARIES AND EXPENSES", $1,860,000: (AND AN INCREASE OF $1,860,000
IN THE LIMITATION ON PROGRAM DEVELOPMENT AND MANAGEMENT);
RAILROAD RETIREMENT BOARD
"LIMITATION ON SALARIES AND EXPENSES" (INCREASE IN THE LIMITATION ON
SALARIES AND EXPENSES OF $1,387,000, TO BE DERIVED FROM THE RAILROAD
RETIREMENT ACCOUTS);
RENOGTIATION BOARD
"SALARIES AND EXPENSES", $115,000;
SECURITIES AND EXCHANGE COMMISSION
"SALARIES AND EXPENSES", $2,200,000, OF WHICH $160,000 SHALL BE
AVAILABLE FOR EXPENSES OF TRAVEL.
SELECTIVE SERVICE SYSTEM
"SALARIES AND EXPENSES", $4,250,000;
SMALL BUSINESS ADMINISTRATION
"SALARIES AND EXPENSES", $4,300,000, OF WHICH $3,450,000 SHALL BE
DERIVED BY TRANSFER FROM THE "BUSINESS LOAN AND INVESTMENT FUND", FROM
THE "DISASTER LOAN FUND", AND FROM THE "LEASE AND SURETY BOND GUARANTEES
REVOLVING FUND";
SMITHSONIAN INSTITUTION
"SALARIES AND EXPENSES", $3,105,000;
"SCIENCE INFORMATION EXCHANGE", $45,000;
"SALARIES AND EXPENSES, NATIONAL GALLERY OF ART", $37/,000;
TARIFF COMMISSION
"SALARIES AND EXPENSES", $300,000;
UNITED STATES INFORMATION AGENCY
"SALARIES AND EXPENSES", $7,062,000;
"SPECIAL INTERNATIONAL EXHIBITIONS", $138,000, TO REMAIN AVAILABLE
UNTIL EXPENDED;
(OUT OF DISTRICT OF COLUMBIA FUNDS)
"GENERAL OPERATING EXPENSES", $1,437,000, OF WHICH $16,321 SHALL BE
PAYABLE FROM THE HIGHWAY FUND (INCLUDING $4,102 FROM THE MOTOR VEHICLE
PARKING ACCOUNT), $2,663 FROM THE WATER FUND, AND $1,155 FROM THE
SANITARY SEWAGE WORKS FUND;
"PUBLIC SAFETY", $1,398,000;
"EDUCATION", $1,261,000;
"RECREATION", $240,000;
"HUMAN RESOURCES", $2,737,000;
"HIGHWAYS AND TRAFFIC", $394,000, OF WHICH $340,721 SHALL BE PAYABLE
FROM THE HIGHWAY FUND;
"ENVIRONMENTAL SERVICES", $1,191,000, OF WHICH $333,830 SHALL BE
PAYABLE FROM THE WATER FUND, AND $247,863 FROM THE SANITARY SEWAGE WORKS
FUND.
DIVISION OF EXPENSES
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 SPECIFICALLY PROVIDED.
EXPORT-IMPORT BANK OF THE UNITED STATES
"LIMITATION ON ADMINISTRATIVE EXPENSES" (INCREASE OF $525,000 IN THE
LIMITATION ON ADMINISTRATIVE EXPENSES).
FISCAL YEAR 1973 RETROACTIVE PAY COSTS
SEC. 301. FOR COSTS ARISING FROM THE FISCAL YEAR 1973 PAY INCREASE
GRANTED BY OR PURSUANT TO THE FEDERAL PAY COMPARABILITY ACT OF 1970 //84
STAT. 1946, 5 USC 4301 NOTE.// AND THE ACT OF DECEMBER 16, 1967 (81
STAT. 649), FOR ANY BRANCH OF THE FEDERAL GOVERNMENT OR THE MUNICIPAL
GOVERNMENT OF THE DISTRICT OF COLUMBIA, TO BE AVAILABLE IMMEDIATELY,
SUCH AMOUNTS AS MAY BE NECESSARY, TO BE DETERMINED AS HEREINAFTER
PROVIDED IN THIS TITLE, BUT NO APPROPRIATION, FUND, LIMITATION, OR
AUTHORIZATION MAY BE INCREASED PURSUANT TO THE PROVISIONS OF THIS TITLE
IN AN AMOUNT IN EXCESS OF THE COST TO SUCH APPROPRIATION, FUND,
LIMITATION, OR AUTHORIZATION RELATED TO INCREASED COMPENSATION PURSUANT
TO SUCH STATUTES.
SEC. 302. WHENEVER ANY OFFICER REFERED TO IN SECTION 303 OF THIS
TITLE SHALL DETERMINE THAT HE HAS EXHAUSTED THE POSSIBILITIES OF MEETING
THE COST OF PAY INCREASES, FIRST, THROUGH THE USE OF THE UNOBLIGATED
BALANCES OF THE FISCAL YEAR 1973 APPROPRIATIONS, FUNDS, LIMITATIONS, OR
AUTHORIZATIONS PROPERLY CHARGEABLE WITH THE COSTS IN FISCAL YEAR 1973,
WHICH ARE HEREBY RESTORED AND MADE AVAILABLE FOR THIS PURPOSE, AND,
SECONDLY, THROUGH THE USE OF THE CORRESPONDING APPROPRIATIONS, FUNDS,
LIMITATIONS, OR AUTHORIZATIONS FOR THE FISCAL YEAR 1974, HE SHALL
CERTIFY THE ADDITIONAL AMOUNT REQUIRED TO MEET SUCH COSTS FOR EACH
APPROPRIATION, FUND, LIMITATION, OR AUTHORIZATION UNDER HIS
ADMINISTRATIVE CONTROL, AND WITH RESPECT TO RETIRED PAY HE SHALL CERTIFY
THE ADDITIONAL AMOUNT REQUIRED FOR THE FISCAL YEAR 1974 COSTS RESULTING
FROM SUCH PAY INCREASES IN FISCAL YEAR 1973, AND THE AMOUNTS SO
CERTIFIED SHALL BE ADDED TO THE PERTINENT APPROPRIATION, FUND,
LIMITATION, OR AUTHORIZATION FOR THE FISCAL YEAR 1974: PROVIDED, THAT
ANY CERTIFICATION MADE UNDER THE AUTHORITY OF THIS SECTION BY AN OFFICER
IN OR UNDER THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT SHALL BE
VALID ONLY WHEN APPROVED BY THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND
BUDGET.
SEC. 303. FOR THE PURPOSE OF THE CERTIFICATIONS AUTHORIZED BY SECTION
302 OF THIS TITLE, THE FOLLOWING OFFICERS SHALL BE DEEMED TO HAVE
ADMINISTRATIVE CONTROL OF APPROPRIATIONS, FUNDS, LIMITATIONS, OR
AUTHORIZATIONS AVAILABLE WITHIN THEIR RESPECTIVE ORGANIZATION UNITS--
(A) THE LEGISLATIVE BRANCH;
THE CLERK OF THE HOUSE;
THE SECRETARY OF THE SENATE;
THE LIBRARIAN OF CONGRESS;
THE ARCHITECT OF THE CAPITOL;
THE PUBLIC PRINTER;
THE COMPTROLLER GENERAL OF THE UNITED STATES;
THE CHIEF JUDGE OF THE UNITED STATES TAX COURT;
THE CHAIRMAN OF ANY COMMISSION IN OR UNDER THE LEGISLATIVE
BRANCH.
(B) FOR THE JUDICIARY: THE ADMINISTRATIVE OFFICER OF THE
UNITED STATES COURTS; THE MARSHAL OF THE SUPREME COURT.
(C) FOR THE EXECUTIVE BRANCH: THE HEAD OF EACH DEPARTMENT,
AGENCY, OR CORPORATION IN OR UNDER THE EXECUTIVE BRANCH.
(D) FOR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA:
THE COMMISSIONER OF THE DISTRICT OF COLUMBIA.
SEC. 304. OBLIGATIONS OR EXPENDITURES INCURRED FOR PAY INCREASES AND
RELATED COSTS PURSUANT TO THIS TITLE, SHALL NOT BE REGARDED OR REPORTED
AS VIOLATIONS OF SECTION 3679 OF THE REVISED STATUTES, AS AMENDED (31
U.S.C. 665).
SEC. 305. (A) AMOUNTS MADE AVAILABLE BY THIS TITLE SHALL BE DERIVED
FROM THE SAME SOURCE AS THE APPROPRIATION, FUND, LIMITATION, OR
AUTHORIZATION TO WHICH SUCH AMOUNTS ARE ADDED.
(B) APPROPRIATIONS MADE PURSUANT TO THIS TITLE SHALL BE RECORDED ON
THE BOOKS OF THE GOVERNMENT AS OF JUNE 30, 1974: PROVIDED, THAT NO
APPROPRIATION MADE BY THIS TITLE SHALL BE WARRANTED AFTER AUGUST 15,
1974.
(C) A COMPLETE REPORT OF THE APPROPRIATIONS MADE BY OR PURSUANT TO
THIS TITLE SHALL BE MADE NOT LATER THAN SEPTEMBER 15, 1974, BY THE
OFFICERS DESCRIBED IN SECTION 303 TO THE DIRECTOR OF THE OFFICE OF
MANAGEMENT AND BUDGET, WHO SHALL COMPILE AND TRANSMIT TO THE CONGRESS A
CONSOLIDATED REPORT NOT LATER THAN OCTOBER 15, 1974.
SEC. 306. WITH RESPECT TO THE APPLICATION OF EXECUTIVE ORDER
NUMBERED 11691 OF DECEMBER 15, 1972, AS AMENDED BY EXECUTIVE ORDER
NUMBERED 11777 OF APRIL 12, 1974, //5 USC 5332 NOTE.// RELATING TO THE
CHANGE FROM JANUARY 1, 1973, TO OCTOBER 1, 1972, AS THE EFFECTIVE DATE
FOR CERTAIN ADJUSTMENTS OF RATES OF PAY OF CERTAIN STATUTORY PAY
SYSTEMS, THE CLERK OF THE HOUSE OF REPRESENTATIVES, IN THE
ADMINISTRATION OF AND IN ACCORDANCE WITH SECTION 5 OF THE FEDERAL PAY
COMPARABILITY ACT OF 1970 (84 STAT. 195- - 53; PUBLIC LAW 91 - 656),
//89 STAT. 146, 2 USC 60A NOTE.// WHITH RESPECT TO EACH EMPLOYEE OR
FORMER EMPLOYEE WHO WAS ON THE EMPLOYMENT ROLLS OF THE HOUSE FOR ANY
PERIOD OCCURING ON OR AFTER OCTOBER 1, 1972, AND ENDING AT THE CLOSE OF
DECEMBER 31, 1972, WHOSE PAY WAS DISBURSED IN SUCH PERIOD BY THE CLERK
OF THE HOUSE, MAY MAKE ADJUSTMENTS IN THE RATE OF PAY OF SUCH EMPLOYEE
OR FORMER EMPLOYEE FOR SUCH PERIOD WHO WAS THEN ON THE EMPLOYMENT ROLLS
OF THE HOUSE, IF, IN THE DETERMINATION OF THE CLERK, THE PAY FIXING
AUTORITY GOVERNING THE ADJUSTMENT OF PAY UNDER SUCH EXECUTIVE ORDER
NUMBERED 11691, AS IN EFFECT ON JANUARY 1, 1973, HAS CHANGED.
SEC. 401. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
REMAIN AVAILABLE FOR AOBLIGATION BEYOND THE CURRENT FISCAL YEAR UNLESS
EXPRESSLY SO PROVIDED HEREIN.
SEC. 402. EXCEPT WHERE SPECIFICALLY INCREASED OR DECREASED ELSEWHERE
IN THIS ACT, THE RESTRICTIONS CONTAINED WITHIN APPROPRIATIONS, OR
PROVISIONS AFFECTING APPROPRIATIONS OR OTHER FUNDS, AVAILABLE DURING THE
FISCAL YEAR 1974, LIMITING THE AMOUNTS WHICH MAY BE EXPENDED FOR
PERSONAL SERVICES, OR FOR PURPOSES INVOLVING PERSONAL SERVICES, OR
AMOUNTS WHICH MAY BE TRANSFERRED BETWEEN APPROPRIATIONS OR
AUTHORIZATIONS AVAILABLE FOR OR INVOLVING SUCH SERVICES, ARE HEREBY
INCREASED TO THE EXTENT NECESSARY TO MEET INCREASED PAY COSTS AUTHORIZED
BY OR PURSUANT TO LAW.
SEC. 403. APPLICALBE APPROPRIATIONS OR FUNDS AVAILABLE FOR FISCAL
YEAR 1974 SHALL ALSO BE ABAILABLE FOR PAYMENT OF PRIOR FISCAL YEAR
OBLIGATIONS FOR RETROACTIVE PAY INCREASES GRANTED PURSUANT 5 U.S.C.
5341. //86 STAT. 564.//
SEC. 404. NO FUNDS APPROPRIATED IN THIS ACT SHALL BE EXPENDED TO AID
OR ASSIST IN THE RECONSTRUCTION OF THE DEMOCRATIC REPUBLIC OF VIETNAM
(NORTH VIETNAM).
SEC. 405. NONE OF THE FUNDS HEREIN APPROPRIATED MAY BE OBLIGATED OR
EXPENDED TO FINANCE DIRECTLY OR INDIRECTLY COMBAT ACTIVITIES BY UNITED
STATES MILITARY FORCES IN OR OVER OR FROM OFF THE SHORES OF NORTH
VIETNAM, SOUTH VIETNAM, LAOS, OR CAMBODIA.
SEC. 406 APPROPRIATIONS AND AUTHORITY PROVIDED IN THIS ACT SHALL BE
AVAILABLE FROM JUNE 1, 1974, AND ALL OBLIGATIONS INCURRED IN
ANTICIPATION OF THE APPROPRIATIONS AND AUTHORITY PROVIDED IN THIS ACT A
ARE HEREBY RATIFIED AND CONFIRMED IF OTHERWISE IN ACCORDANCE WITH THE
PROVISIONS OF THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 977 (COMM. ON APPROPRIATIONS) AND NO. 93 -
1070 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 814 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 10, CONSIDERED AND PASSED HOUSE.
MAY 6, 7, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 4, HOUSE AGREED TO CONFERENCE REPORT; RESOLVED AMENDMENTS
IN DISAGREEMENT.
JUNE 5, SENATE AGREED TO CONFERENCE REPORT; RESOLVED
AMENDMENTS IN DISAGREEMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 24:
JUNE 11, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-304, 88 STAT 194, INTERNATIONAL OCEAN EXPOSITION
APPROPRIATIONS AUTHORIZATION ACT OF 1973.
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 "INTERNATIONAL OCEAN EXPOSITION APPROPRIATIONS
AUTHORIZATION ACT OF 1973".
SEC. 2 THERE IS AUTHORIZED TO BE APPROPRIATED FOR THE UNITED STATES
INFORMATION AGENCY FOR "SPECIAL INTERNATIONAL EXHIBITIONS", FOR UNITED
STATES PARTICIPATION IN THE INTERNATIONAL OCEAN EXPOSITION TO BE HELD IN
OKINAWA, JAPAN, IN 1975, AS AUTHORIZED BY THE MUTUAL EDUCATIONAL AND
CULTURAL EXCHANGE ACT OF 1961, AS AMENDED (22 U.S.C. 2451 ET SEQ.), //75
STAT. 527.// $5,600,000, TO REMAIN AVAILABLE UNTIL ESPENDED: PROVIDED,
THAT THE AMOUNT AUTHORIZED TO BE APPROPRIATED HEREIN SHALL BE AVAILABLE
WITHOUT REGARD TO SECTION 3108 OF TITLE 5, UNITED STATES CODE. //80
STAT. 416.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 700 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 11, CONSIDERED AND PASSED SENATE.
MAY 2., CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-303, 88 STAT 192.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 4 OF THE
LAND AND WATER CONSERVATION FUND ACT OF 1965 (78 STAT. 897), AS AMENDED
(16 U.S.C. 4601 - 6A), //86 STAT. 459; 87 STAT. 178, 179.// IS FURTHER
AMENDED AS FOLLOWS;
(A) THE HEADING OF THE SECTION IS REVISED TO READ:
"ADMISSION AND USE FEES; ESTABLISHMENT AND REGULATIONS".
(B) THE SECOND SENTENCE OF SECTION 4(A) IS AMENDED TO READ: "NO
ADMISSION FEES OF ANY KIND SHALL BE CHARGED OR IMPOSED FOR ENTRANCE INTO
ANY OTHER FEDERALLY OWNED AREAS WHICH ARE OPERATED AND MAINTAINED BY A
FEDERAL AGENCY AND USED FOR OUTDOOR RECREATION PURPOSES."
(C) SUBSECTION (A)(1) IS REVISED TO READ:
"(1) FOR ADMISSION INTO ANY SUCH DESIGNATED AREA, AN ANNUAL
ADMISSION PERMIT (TO BE KNOWN AS THE GOLDEN EAGLE PASSPORT) SHALL
BE AVAILABLE, FOR A FEE OF NOT MORE THAN $10. THE PERMITTEE AND
ANY PERSON ACCOMPANYING HIM IN A SINGLE, PRIVATE, NONCOMMERCIAL
VEHICLE, OR ALTERNATIVELY, THE PERMITTEE AND HIS SPOUSE, CHILDREN,
AND PARENTS ACCOMPANYING HIM WHERE ENTRY TO THE AREA IS BY ANY
MEANS OTHER THAN PRIVATE, NONCOMMERCIAL VEHICLE, SHALL BE ENTITLED
TO GENERAL ADMISSION INTO ANY AREA DESIGNATED PURSUANT TO THIS
SUBSECTION. THE ANNUAL PERMIT SHALL BE VALID DURING THE CALENDAR
YEAR FOR WHICH THE ANNUAL FEE IS PAID. THE ANNUAL PERMIT SHALL
NOT AUTHORIZE ANY USES FOR WHICH ADDITIONAL FEES ARE CHARGED
PURSUANT TO SUBSECTIONS (B) AND (C) OF THIS SECTION. THE ANNUAL
PERMIT SHALL BE NONTRANSFERABLE AND THE UNLAWFUL USE THEREOF SHALL
BE PUNISHABLE IN ACCORDANCE WITH REGULATIONS ESTABLISHED PURSUANT
TO SUBSECTION (E). THE ANNUAL PERMIT SHALL BE AVAILABLE FOR
PURCHASE AT ANY SUCH DESIGNATED AREA."
(D) SUBSECTION (A)(2) IS REVISED BY DELETING IN THE FIRST SENTENCE
"OR WHO ENTER SUCH AN AREA BY MEANS OTHER THAN BY PRIVATE, NONCOMMERCIAL
VEHICLE".
(E) SUBSECTION (A)(4) IS AMENDED BY REVISING THE FIRST TWO SENTENCES
TO READ: "THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF
AGRICULTURE SHALL ESTABLISH PROCEDURES PROVIDING FOR THE ISSUANCE OF A
LIFETIME ADMISSION PERMIT (TO BE KNOWN AS THE 'GOLDEN AGE PASSPORT') TO
ANY CITIZEN OF, OR PERSON DOMICILED IN, THE UNITED STATES SIXTY-TWO
YEARS OF AGE OR OLDER APPLYING FOR SUCH PERMIT. SUCH PERMIT SHALL BE
NONTRANSFERABLE, SHALL BE ISSUED WITHOUT CHARGE, AND SHALL ENTITLE THE
PERMITTEE AND ANY PERSON ACCOMPANYING HIM IN A SINGLE, PRIVATE,
NONCOMMERCIAL VEHICLE, OR ALTERNATIVELY, THE PERMITTEE AND HIS SPOUSE
AND CHILDREN ACCOMPANYING HIM WHERE ENTRY TO THE AREA IS BY ANY MEANS
OTHER THAN PRIVATE, NONCOMMERCIAL VEHICLE, TO GENERAL ADMISSION INTO ANY
AREA DESIGNATED PURSUANT TO THIS SUBSECTION."
(F) IN SUBSECTION (B) THE FIRST PARAGRAPH IS REVISED TO READ:
"(B) RECREATION USE FEES.--EACH FEDERAL AGENCY DEVELOPING,
ADMINISTERING, PROVIDING OR FURNISHING AT FEDERAL EXPENSE, SPECIALIZED
OUTDOOR RECREATION SITES, FACILITIES, EQUIPMENT, OR SERVICES SHALL, IN
ACCORDANCE WITH THIS SUBSECTION AND SUBSECTION (D) OF THIS SECTION,
PROVIDE FOR THE COLLECTION OF DAILY RECREATION USE FEES AT THE PLACE OF
USE OR ANY REASONABLY CONVENIENT LOCATION: PROVIDED, THAT IN NO EVENT
SHALL THERE BE A CHARGE BY ANY SUCH AGNECY FOR THE USE, EITHER SINGLY OR
IN ANY COMBINATION, OF DRINKING WATER, WAYSIDE EXHIBITS, ROADS, OVERLOOK
SITES, VISITORS' CENTERS, SCENIC DRIVES, TOILET FACILITIES, PICNIC
TABLES, OR BOAT RAMPS: PROVIDED, HOWEVER, THAT A FEE SHALL BE CHARGED
FOR BOAT LAUNCHING FACILITIES ONLY WHERE SPECIALIZED FACILITIES OR
SERVICES SUCH AS MECHANICAL OR HYDRAULIC BOAT LIFTS OR FACILITIES ARE
PROVIDED: AND PROVIDED FURTHER, THAT IN NO EVENT SHALL THERE BE A
CHARGE FOR THE USE OF ANY CAMPGROUND NOT HAVING THE FOLLOWING--TENT OR
TRAILER SPACES, DRINKING WATER, ACCESS ROAD, REFUSE CONTAINERS, TOILET
FACILITIES, PERSONAL COLLECTION OF THE FEE BY AN EMPLOYEE OR AGENT OF
THE FEDERAL AGENCY OPERATING THE FACILITY, REASONABLE VISITOR
PROTECTION, AND SIMPLE DEVICES FOR CONTAINING A CAMPFIRE (WHERE
CAMPFIRES ARE PERMITTED). AT EACH LAKE OR RESERVOIR UNDER THE
JURISDICTION OF THE CORPS OF ENGINEERS, UNITED STATES ARMY, WHERE
CAMPING IS PERMITTED, SUCH AGENCY SHALL PROVIDE AT LEAST ONE PRMITIVE
CAMPGROUND, CONTAINING DESIGNATED CAMPSITES, SANITARY FACILITIES, AND
VEHICULAR ACCESS, WHERE NO CHARGE SHALL BE IMPOSED. ANY GOLDEN AGE
PASSPORT PERMITTEE SHALL BE ENTITLED UPON PRESENTATION OF SUCH PERMIT TO
UTILIZE SUCH SPECIAL RECREATION FACILITIES AT A RATE OF 50 PER CENTUM OF
THE ESTABLISHED USE FEE."
(G) IN SUBSECTION (B) PARAGRAPH "(1)" IS DELETED; THE PARAGRAPH
DESIGNATION "2" IS REDESIGNATED AS SUBSECTION "(C) RECREATION
PERMITS.--"; AND SUBSEQUENT SUBSECTIONS ARE REDESIGNATED ACCORDINGLY.
//86 STAT. 460, 16 USC 4601 - 6A.//
(H) IN NEW SUBSECTION (D) THE SECOND SENTENCE IS REVISED TO READ:
"CLEAR NOTICE THAT A FEE HAS BEEN ESTABLISHED PURSUANT TO THIS SECTION
SHALL BE PROMINENTLY POSTED AT EACH AREA AND AT APPROPRIATE LOCATIONS
THEREIN AND SHALL BE INCLUDED IN PUBLICATIONS DISTRIBUTED AT SUCH
AREAS."
(I) IN NEW SUBSECTION (E) THE FIRST SENTENCE IS REVISED TO READ: "IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE HEADS OF APPROPRIATE
DEPARTMENTS AND AGENCIES MAY PRESCRIBE RULES AND REGULATIONS FOR AREAS
UNDER THEIR ADMINISTRATION FOR THE COLLECTION OF ANY FEE ESTABLISHED
PURSUANT TO THIS SECTION."
(J) IN NEW SUBSECTION (F) THE FIRST SENTENCE IS REVISED TO READ AS
FOLLOWS:
"(F) EXCEPT AS OTHERWISE PROVIDED BY LAW OR AS MAY BE REQUIRED BY
LAWFUL CONTRACTS ENTERED INTO PRIOR TO SEPTEMBER 3, 1964, PROVIDING THAT
REVENUES COLLECTED AT PARTICULAR FEDERAL AREAS SHALL BE CREDITED TO
SPECIFIC PURPOSES, ALL FEES WHICH ARE COLLECTED BY ANY FEDERAL AGENCY
SHALL BE COVERED INTO A SPECIAL ACCOUNT IN THE TREASURY OF THE UNITED
STATES TO BE ADMINISTERED IN CONJUNCTION WITH, BUT SEPARATE FROM, THE
REVENUES IN THE LAND AND WATER CONSERVATION FUND: PROVIDED, THAT THE
HEAD OF ANY FEDERAL AGENCY, UNDER SUCH TERMS AND CONDITIONS AS HE DEEMS
APPROPRIATE, MAY CONTRACT WITH ANY PUBLIC OR PRIVATE ENTITY TO PROVIDE
VISITOR RESERVATION SERVICES; AND ANY SUCH CONTRACT MAY PROVIDE THAT
THE CONTRACTOR SHALL BE PERMITTED TO DEDUCT A COMMISSION TO BE FIXED BY
THE AGENCY HEAD FROM THE AMOUNT CHARGED THE PUBLIC FOR PROVIDING SUCH
SERVICES AND TO REMIT THE NET PROCEEDS THEREFROM TO THE CONTRACTING
AGENCY."
SEC. 2. SECTION 6(E)(1) OF TITLE I OF THE LAND AND WATER CONSERVATION
FUND ACT OF 1965 (78 STAT. 897), AS AMENDED (16 U.S.C. 4601), //78
STAT. 900; 86 STAT. 459, 16 USC 4601 - 8.// IS FURTHER AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING:
"WHENEVER A STATE PROVIDES THAT THE OWNER OF A SINGLE-FAMILY
RESIDENCE MAY, AT HIS OPTION, ELECT TO RETAIN A RIGHT OF USE AND
OCCUPANCY FOR NOT LESS THAN SIX MONTHS FROM THE DATE OF ACQUISITION OF
SUCH RESIDENCE AND SUCH OWNER ELECTS TO RETAIN SUCH A RIGHT, SUCH OWNER
SHALL BE DEEMED TO HAVE WAIVED ANY BENEFITS UNDER SECTIONS 203, 204,
205, AND 206 OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970 (84 STAT. 1894) //42 USC 4623 - 4626,
46 USC 4601.// AND FOR THE PURPOSES OF THOSE SECTIONS SUCH OWNER SHALL
NOT BE CONSIDERED A DISPLACED PERSON AS DEFINED IN SECTION 101(6) OF
THAT ACT."
SEC. 3. SECTION 9 OF THE LAND AND WATER CONSERVATION FUND ACT OF 1965
(78 STAT. 89(), AS AMENDED (16 U.S.C. 4601 - 10A), IS FURTHER AMENDED BY
DELETING IN THE FIRST SENTENCE "SECTION 6(A)(1)" AND SUBSTITUTING
"SECTION 7(A)(1)".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1076 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
SENATE REPORT NO. 93 - 745 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 29, CONSIDERED AND PASSED SENATE.
JUNE 4, CONSIDERED AND PASSED HOUSE, AMENDED.
JUNE 5, SENATE CONCURRED IN HOUSE AMENDMENTS.
PUBLIC LAW 93-302, 88 STAT 191, PEACE CORPS ACT, AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SO MUCH OF SECTION
3(B) OF THE PEACE CORPS ACT (22 U.S.C. 2502(B)) //87 STAT. 99.// AS
PRECEDES THE FIRST PROVISO THEREOF IS AMENDED TO READ AS FOLLOWS:
"THERE ARE AUTHORIZED TO BE APPROPRIATED FOR FISCAL YEAR 1975 NOT TO
EXCEED $82,356,000 TO CARRY OUT THE PURPOSES OF THIS ACT:"
SEC. 2. SECTION 3 OF THE PEACE CORPS ACT (22 U.S.C. 2502) //75 STAT
612.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SUBSECTIONS:
"(C) IN ADDITION TO THE AMOUNT AUTHORIZED FOR FISCAL YEAR 1975, THERE
ARE AUTHORIZED TO BE APPROPRIATED FOR THE PEACE CORPS FOR FISCAL YEAR
1975 NOT IN EXCESS OF $1,000,000 FOR INCREASES IN SALARY, PAY,
RETIREMENT, OR OTHER EMPLOYEE BENEFITS AUTHORIZED BY LAW.
"(D) THE DIRECTOR OF ACTION IS AUTHORIZED TO TRANSFER TO THE
READJUSTMENT ALLOWANCE, ACTION, ACCOUNT AT THE TREASURY DEPARTMENT FROM
ANY SUMS APPROPRIATED TO CARRY OUT THE PURPOSES OF THIS ACT IN FISCAL
YEAR 1975 NOT TO EXCEED $315,000 TO RECTIFY THE IMBALANCE IN THE PEACE
CORPS READJUSTMENT ALLOWANCE ACCOUNT FOR THE PERIOD MARCH 1, 1961, TO
FEBRUARY 28, 1973.
"(E) THE DIRECTOR OF ACTION IS AUTHORIZED TO WAIVE CLAIMS RESLUTING
FROM ERRONEOUS PAYMENTS OF READJUSTMENT ALLOWANCES TO PEACE CORPS
VOLUNTEERS WHO TERMINATED THIER VOLUNTEER SERVICE BETWEEN MARCH 1, 1961,
AND FEBRUARY 28, 1973, NOTWITHSTANDING THE PROVISIONS OF SECTION 5584 OF
TITLE 5, UNITED STATES CODE, //82 STAT. 1212; 86 STAT. 760.// AND
NOTHWITHSTANDING THE FACT THAT THE NAMES OF THE RECIPIENTS OF SUCH
OVERPAYMENTS MAY BE UNKNOWN.
"(F) DISBURSING AND CERTIFYING OFFICERS OF THE PEACE CORPS AND ACTION
ARE RELIEVED FROM LIABILITY FOR IMPROPER OR INCORRECT PAYMENTS OF
READJUSTMENT ALLOWANCES MADE TO VOLUNTEERS BETWEEN MARCH 1, 1961, AND
FEBRUARY 2, 1973, OTHER THAN ANY CASES KNOWN TO HAVE RESULTED FROM
FRAUD, NOTWITHSTANDING THE PROVISIONS OF THE FIRST SECTION OF THIS ACT
ENTITLED 'AN ACT TO PROVIDE PERMANENT AUTHORITY FOR THE RELIEF OF
CERTAIN DISBURSING OFFICERS,A ND FOR OTHER PURPOSES', APPROVED AUGUST
11, 1955 (31 U.S.C. 82A-2), //69 STAT. 687.// AND OF SECTION 2 OF THE
ACT ENTITLED 'AN ACT TO FIX THE RESPONSIBILITIES OF DISBURSING AND
CERTIFYING OFFICERS, AND FOR OTHER PURPOSES', APPROVED DECEMBER 29, 1941
(31 U.S.C. 82C)." //55 STAT. 875; 86 STAT. 213.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 985 (COMM. ON FOREIGN AFFAIRS).
SENATE REPORT NO. 93 - 793 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 21, CONSIDERED AND PASSED HOUSE.
MAY 2, CONSIDERED AND PASSED SENATE, AMENDED.
MAY 15, HOUSE DISAGREED TO SENATE AMENDMENT.
MAY 21, SENATE RECEDED FROM ITS AMENDMENT.
PUBLIC LAW 93-301, 88 STAT 190.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
THE INTERIOR IS AUTHORIZED AND DIRECTED TO CONVEY TO THE RECORD OWNER
THEREOF, IN ACCORDANCE WITH SECTION 3 OF THIS ACT, ALL RIGHT, TITLE, AND
INTEREST IN PHOSPHATE DEPOSITS RESERVED TO THE UNITED STATES IN LAND
DESCRIBED AS THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER, SECTION 29, TOWNSHIP 17 SOUTH, RANGE 26 EAST, LYING
SOUTH OF RIGHT-OF-WAY OF STATE ROAD NUMBERED 42; LESS THE WEST THIRTY
FEET THEREOF, IN MARION COUNTY, FLORIDA.
SEC. 2. THE SECRETARY SHALL REQUIRE THE DEPOSIT OF A SUM OF MONEY
WHICH HE DEEMS SUFFICIENT TO COVER ESTIMATED ADMINISTRATIVE COSTS OF
THIS ACT. IF A CONVEYANCE IS NOT MADE PURSUANT TO THIS ACT, AND THE
ADMINISTRATIVE COSTS EXCEED THE DEPOSIT, THE SECRETARY SHALL BILL THE
APPLICANT FOR THE OUTSTANDING AMOUNT, BUT IF THE AMOUNT OF THE DEPOSIT
EXCEEDS THE ACTUAL ADMINISTRATIVE COSTS, THE SECRETARY SHALL REFUND THE
EXCESS.
SEC. 3. NO CONVEYANCE SHALL BE MADE UNLESS APPLICATION FOR
CONVEYANCE IS FILED WITH THE SECRETARY WITHIN SIX MONTHS OF THE DATE OF
APPROVAL OF THIS ACT AND UNLESS WITHIN THE TIME SPECIFIED BY HIM PAYMENT
IS MADE TO THE SECRETARY OF (1) ADMINISTRATIVE COSTS OF THE CONVEYANCE
AND (2) THE FAIR MARKET VALUE OF THE INTEREST TO BE CONVEYED. THE
AMOUNT OF THE PAYMENT REQUIRED SHALL BE THE DIFFERENCE BETWEEN THE
AMOUNT DEPOSITED AND THE FULL AMOUNT REQUIRED TO BE PAID UNDER THIS
SECTION. IF THE AMOUNT DEPOSITED EXCEEDS THE FULL AMOUNT REQUIRED TO BE
PAID, THE APPLICANT SHALL BE GIVEN A CREDIT OF REFUND FOR THE EXCESS.
SEC. 4. THE TERM "ADMINISTRATIVE COSTS", AS USED IN THIS ACT,
INCLUDES, BUT IS NOT LIMITED TO, ALL COSTS OF (1) CONDUCTING AN
EXPLORATORY PROGRAM TO DETERMINE THE CHARACTER OF THE PHOSPHATE DEPOSITS
IN THE LAND, (2) EVALUATING THE DATA OBTAINED UNDER THE EXPLORATORY
PROGRAM TO DETERMINE THE FAIR MARKET VALUE OF THE PHOSPHATE RIGHTS TO BE
CONVEYED, AND (3) PREPARING AND ISSUING THE INSTRUMENT OF CONVEYANCE.
SEC. 5. MONEYS PAID TO THE SECRETARY FOR ADMINISTRATIVE COSTS SHALL
BE PAID TO THE AGENCY WHICH RENDERED THE SERVICE, AND DEPOSITED TO THE
APPROPRIATION THEN CURRENT. MONEYS PAID FOR THE PHOSPHATE OR PHOSPHATE
INTERESTS CONVEYED SHALL BE DEPOSITED INTO THE GENERAL FUND OF THE
TREASURY AS MISCELLANEOUS RECEIPTS.
LEGILSATIVE HISTORY:
HOUSE REPORT NO. 93 - 785 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 858 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 4, CONSIDERED AND PASSED HOSUE.
MAY 21, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-300, 88 STAT 190, MIGRATORY BIRD TREATY ACT,
AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2 OF THE
MIGRATORY BIRD TREATY ACT (16 U.S.C. 703) IS AMENDED-- //40 STAT. 755;
49 STAT. 1556.//
(1) BY STRIKING OUT ", OR ANY PART, NEST, OR EGG OF ANY SUCH
BIRD, AND INSERT IN LIEU THEREOF", ANY PART, NEST, OR EGG OF ANY
SUCH BIRD OR ANY PRODUCT, WHETHER OR NOT MANUFACTURED, WHICH
CONSISTS, OR IS COMPOSED IN WHOLE OR PART, OF ANY SUCH BIRD OR ANY
PART, NEST, OR EGG THEREOF,";
(2) BY STRIKING OUT "AND " IMMEDIATELY AFTER "1916,"; AND
(3) BY STRIKING OUT THE PERIOD AT THE END THEREOF AND INSERTING
IN LIEU THEREOF THE FOLLOWING: ", AND THE UNITED STATES AND THE
GOVERNMENT OF JAPAN FOR THE PROTECTION OF MIGRATORY BIRDS AND
BIRDS IN DANGER OF EXTINCTION, AND THEIR ENVIRONMENT CONCLUDED
MARCH 4, 1972.".
SEC. 2. THE TITLE OF THE MIGRATORY BIRD TREATY ACT IS AMENDED TO READ
AS FOLLOWS: "AN ACT TO GIVE EFFECT TO THE CONVENTIONS BETWEEN THE
UNITED STATES AND OTHER NATIONS FOR THE PROTECTION OF MIGRATORY BIRDS,
BIRDS IN DANGER OF EXTINCTION, GAME MAMMALS, AND THEIR ENVIRONMENT.".
SEC. 3. THE AMENDMENTS MADE BY THIS ACT SHALL TAKE EFFECT ON THE DATE
ON WHICH THE PRESIDENT PROCLAIMS THE EXCHANGE OF RATIFICATIONS OF THE
CONVENTION BETWEEN THE UNITED STATES THE GOVERNMENT OF JAPAN FOR THE
PROTECTION OF MIGRATORY BIRDS AND BIRDS IN DANGER OF EXTINCTION, AND
THEIR ENVIRONMENT, CONCLUDED MARCH 4, 1972, OR ON THE DATE OF THE
ENACTMENT OF THIS ACT, WHICHEVER DATE IS LATER.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 936 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 851 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 2, CONSIDERED AND PASSED HOUSE.
MAY 20, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-299, 88 STAT 189.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
THE INTERIOR IS AUTHORIZED AND DIRECTED, IN ACCORDANCE WITH SECTION 3 OF
THIS ACT, TO CONVEY BY QUITCLAIM DEED TO THE PRESENT OWNER OR OWNERS OF
RECORD ALL MINERAL INTEREST OF THE UNITED STATES IN THE FOLLOWING
DESCRIBED LANDS IN CLARENDON COUNTY, SOUTH CAROLINA:
ALL THAT PIECE, PARCEL, OR TRACT OF LAND, LYING, BEING, AND
SITUATE THE NORTH CORNER IRON BEING ON THE SOUTH CITY LIMITS OF
MANNING, AS FOLLOWS: BEGINNING A A POINT ON THE RIGHT-OF-WAY OF
THE UNITED STATES HIGHWAY 301 AND RUNNING ALONG UNITED STATES
HIGHWAY 301 NORTH 60 DEGREES 10 MINUTES EAST 152 FEET TO A STAKE;
THENCE SOUTH 45 DEGREES 46 MINUTES EACH 156 FEET ALONG THE SOUTH
CITY LIMITS OF MANNING, SOUTH CAROLINA, TO STAKE; THENCE SOUTH 60
DEGREES 10 MINUTES WEST 194.8 FEET TO A STAKE; THENCE NORTH 29
DEGREES 50 MINUTES WEST 150 FEET TO THE POINT OF BEGINNING. SAID
TRACT OF LAND BOUNDED AS FOLLOWS: NORTH BY UNITED STATES HIGHWAY
301; EAST BY THE LANDS OF J. K. BREEDIN; SOUTH AND WEST BY THE
LANDS OF B. F. HILL.
FOR A MORE PARTICULAR DESCRIPTION OF SAID LAND REFERENCE MAY BE HAD TO A
PLAT MADE BY W. B. SYKES, SURVEYOR, ON DECEMBER 29, 1961, AND RECORDED
IN PLAT BOOK 17 AT PAGE 31 IN THE OFFICE OF THE CLERK OF COURT FOR
CLARENDON COUNTY.
SEC. 2. THE SECRETARY SHALL REQUIRE THE DEPOSIT OF A SUM OF MONEY
WHICH HE DEEMS SUFFICIENT TO COVER ESTIMATED ADMINISTRATIVE COSTS OF
THIS ACT. IF CONVEYANCE IS NOT MADE PURSUANT TO THIS ACT, AND THE
ADMINISTRATIVE COSTS EXCEED THE DEPOSIT, THE SECRETARY SHALL BILL THE
APPLICANT FOR THE OUTSTANDING AMOUNT, BUT IF THE AMOUNT OF THE DEPOSIT
EXCEEDS THE ACTUAL ADMINISTRATIVE COSTS, THE SECRETARY SHALL REFUND THE
EXCESS.
SEC. 3. NO CONVEYANCE SHALL BE MADE UNLESS APPLICATION FOR CONVEYANCE
IS FILED WITH THE SECRETARY WITHIN SIX MONTHS OF THE DATE OF APPROVAL OF
THIS ACT AND UNLESS WITHIN THE TIME SPECIFIED BY HIM PAYMENT IS MADE TO
THE SECRETARY OF (1) ADMINISTRATIVE COSTS OF THE CONVEYANCE AND (2) THE
FAIR MARKET VALUE OF THE INTEREST TO BE CONVEYED. THE AMOUNT OF THE
PAYMENT REQUIRED SHALL BE THE DIFFERENCE BETWEEN THE AMOUNT DEPOSITED
AND THE FULL AMOUNT REQUIRED TO BE PAID UNDER THIS SECTION. IF THE
AMOUNT DEPOSITED EXCEEDS THE FULL AMOUNT REQUIRED TO BE PAID, THE
APPLICANT SHALL BE GIVEN A CREDIT OR REFUND FOR THE EXCESS.
SEC. 4. THE TERM "ADMINISTRATIVE COSTS" AS USED IN THIS ACT,
INCLUDES, BUT IS NOT LIMITED TO, ALL COSTS OF (1) CONDUCTING SUCH
EXPLORATORY PROGRAMS AS THE SECRETARY OF THE INTERIOR DEEMS NECESSARY TO
DETERMINE THE CHARACTER OF THE MINERAL DEPOSITS IN THE LAND, (2)
EVALUATING THE DATA OBTAINED UNDER THE EXPLORATORY PROGRAMS TO DETERMINE
THE FAIR MARKET VALUE OF THE MINERAL RIGHTS TO BE CONVEYED, AND (3)
PREPARING AND ISSUING THE INSTRUMENT OF CONVEYANCE.
SEC. 5. MONEYS PAID TO THE SECRETARY FOR ADMINISTRATIVE COSTS SHALL
BE PAID TO THE AGENCY WHICH RENDERED SERVICE, AND DEPOSITED TO THE
APPROPRIATION THEN CURRENT. MONEYS PAID FOR THE MINERALS OR MINERAL
INTERESTS CONVEYED SHALL BE DEPOSITED INTO THE GENERAL FUND OF THE
TREASURY AS MISCELLANEOUS RECEIPTS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 784 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SEANTE REPORT NO. 93 - 856 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 4, CONSIDERED AND PASSED HOUSE.
MAY 21, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-298, 88 STAT 188.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FIRST CIVILIAN
CONSERVATION CORPS CENTER, KNOWN AS TH ARROWOOD CIVILIAN CONSERVATION
CORPS CENTER, LOCATED NEAR FRANKLIN, NORTH CAROLINA, IS REDESIGNATED AS
THE LYNDON B. JOHNSON CIVILIAN CONSERVATION CORPS CENTER, AND THE CROSS
TIMBERS NATIONAL GRASSLANDS, LOCATED IN WISE AND MONTAGUE COUNTIES,
TEXAS, IS REDESIGNATED AS THE LYNDON B. JOHNSON NATIONAL GRASSLANDS.
SEC. 2. ANY LAW, REGULATION, DOCUMENT, MAP, OR RECORD OF THE UNITED
STATES IN WHICH REFERENCE IS MADE TO THE ARROWOOD CIVILIAN CONSERVATION
CORPS CENTER OR TO THE CROSS TIMBERS NATIONAL GRASSLANDS SHALL BE HELD
AND CONSIDERED TO BE A REFERENCE TO THE LYNDON B. JOHNSON CIVILIAN
CONSERVATION CORPS CENTER AND THE LYNDON B. JOHNSON NATIONAL GRASSLANDS,
RESPECTIVELY.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 14038 ACCOMPNAYING H. R. 13685 (COMM. ON
AGRICULTURE).
SENATE REPORT NO. 93 - 756 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 28, CONSIDERED AND PASSED SENATE.
MAY 20, CONSIDERED AND PASSED HOUSE, IN LIEU OF H. R. 13685.
PUBLIC LAW 93-297, 88 STAT 187.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNTIED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
THE INTERIOR IS AUTHORIZED AND DIRECTED, IN ACCORDANCE WITH SECTION 3 OF
THIS ACT, TO CONVEY BY QUITCLAIM DEED TO THE PRESENT OWNER OR OWNERS OF
RECORD ALL MINERAL INTEREST OF THE UNITED STATES IN THE FOLLOWING
DESCRIBED LANDS IN CLARENDON COUNTY, SOUTH CAROLINA:
ALL THAT PRIECE, PARCEL, OR TRACT OF LAND LYING, BEING, AND
SITUATE A NORTH CORNER IRON BEING 152 FEET SOUTH OF THE CITY
LIMITS OF MANNING, SOUTH CAROLINA, CONTAINING 10.4 ACRES OF LAND
AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF THE RIGHT-OF-WAY OF UNITED STATES
HIGHWAY 301 AND RUNNING ALONG UNITED STATES HIGHWAY 301 NORTH 58
DEGREES 45 MINUTES EAST 240.3 FEET TO A STAKE;
THENCE SOUTH 31 DEGREES 15 MINUTES EAST 460 FEET TO A STAKE;
THENCE NORTH 58 DEGREES 45 MINUTES EAST 302.4 FEET TO A
STAKE;
THENCE NORTH 27 DEGREES 48 MINUTES WEST 459.8 FEET TO A
STAKE;
THENCE NORTH 59 DEGREES 12 MINUTIES EAST 85.7 FEET TO A POINT
OF CURVE;
THENCE NORTH 60 DEGREES 5 MINUTES EAST 32.5 FEET TO A STAKE;
THENCE SOUTH 29 DEGREES 50 MINUTES EAST 150 FEET TO A STAKE;
THENCE NORTH 60 DEGREES 10 MINUTES EAST 194.8 FEET TO A
STAKE:
THENCE SOUTH 46 DEGREES 55 MINUTES EAST 219.2 FEET TO A
STAKE:
THENCE SOUTH 16 DEGREES 6 MINUTES WEST 123 FEET TO A POINT OF
CURVE;
THENCE SOUTH 12 DEGREES 37 MINUTES EAST 106.3 FEET TO A POINT
CURVE;
THENCE SOUTH 20 DEGREES 22 MINUTES WEST 105.7 FEET TO A POINT
OF CURVE;
THENCE SOUTH 44 DEGREES 28 MINUTES WEST 124.7 FEET TO A POINT
OF CURVE;
THENCE SOUTH 37 DEGREES 25 MINUTES WEST 114.9 FEET TO A POINT
OF CURVE;
THENCE SOUTH 32 DEGREES 39 MINUTES WEST 88.6 FEET TO A POINT OF
CURVE;
THENCE SOUTH 22 DEGREES 22 MINUTES WEST 136.1 FEET TO A
STAKE;
THENCE NORTH 38 DEGREES 5, MINUTES WEST 149 FEET TO A POINT OF
CURVE;
THENCE NORTH 42 DEGREES 53 MINUTES WEST 190.7 FEET TO A POINT
OF CURVE;
THENCE NORTH 48 DEGREES 44 MINUTES WEST 93.5 FEET TO A POINT OF
CURVE;
THENCE NORTH 81 DEGREES 6 MINUTES WEST 114.9 FEET TO A POINT OF
CURVE;
THENCE NORTH 55 DEGREES 54 MINUTES WEST 110.1 FEET TO A POINT
OF CURVE;
THENCE NORTH 24 DEGREES 24 MINUTES WEST 135.4 FEET TO A POINT
OF CURVE;
THENCE NORTH 5 DEGREES 32 MINUTES WEST 86.6 FEET TO A POINT OF
CURVE;
THENCE NORTH 30 DEGREES 9 MINUTES WEST 171.5 FEET TO THE POINT
OF BEGINNING.
SAID TRACT OF LAND BOUNDED AS FOLLOWS: NORTH BY UNITED STATES
HIGHWAY 301 AND THE LANDS OF THE SAN-MAN INN OF MANNING
INCORPORATED; EAST BY THE LANDS OF M. R. WEBSTER AND OF J. K.
BREEDING; SOUTH AND WEST BY THE LANDS NOW OR FORMERLY OF ANNA AND
JOHN R. STEWART.
FOR A MORE PARTICULAR DESCRIPTION OF SAID LAND, A COMPARISON MAY BE HAD
OF A PLAT MADE BY W. B. SYKES, SURVEYOR, DATED MARCH 16, 1951, AND
RECORDED IN PLAT BOOK 14 AT PAGE 39 IN THE OFFICE OF THE CLERK OF COURT
FOR CLARENDON, A PLAT MADE BY W. B. SYKES, SURVEYOR, ON NOVEMBER 16,
1960, AND RECORDED IN PLAT BOOK 16 AT PAGE 157 IN THE OFFICE OF THE
CLERK OF COURT FOR CLARENDON COUNTY, AND A PLAT MADE BY W. B. SYKES,
SURVEYOR, DATED DECEMBER 29, 1961, AND RECORDED IN PLAT BOOK 17 AT PAGE
31 IN THE OFFICE OF THE CLERK OF COURT FOR CLARENDON COUNTY.
SEC. 2. THE SECRETARY SHALL REQUIRE THE DEPOSIT OF A SUM OF MONEY
WHICH HE DEEMS SUFFICIENT TO COVER ESTIMATED ADMINISTRATIVE COSTS OF
THIS ACT. IF CONVEYANCE IS NOT MADE PURSUANT TO THIS ACT, AND THE
ADMINISTRATIVE COSTS EXCEED THE DEPOSIT, THE SECRETARY SHALL BILL THE
APPLICANT FOR THE OUTSTANDING AMOUNT, BUT IF THE AMOUNT OF THE DEPOSIT
EXCEEDS THE ACTUAL ADMINISTRATIVE COSTS, THE SECRETARY SAHLL REFUND THE
EXCESS.
SEC. 3. NO CONVEYANCE SHALL BE MADE UNLESS APPLICATION FOR CONVEYANCE
IS FILED WITH THE SECRETARY WITHIN SIX MONTHS OF THE DATE OF APPROVAL OF
THIS ACT AND UNLESS WITHIN THE TIME SPECIFIED BY HIM PAYMENT IS MADE TO
THE SECRETARY OF (1) ADMINISTRATIVE COSTS OF THE CONVEYANCE AND (2) THE
FAIR MARKET VALUE OF THE INTEREST TO BE CONVEYED. THE AMOUNT OF THE
PAYMENT REQUIRED SHALL BE THE DIFFERENCE BETWEEN THE AMOUNT DEPOSITED
AND THE FULL AMOUNT REQUIRED TO BE PAID UNDER THIS SECTION. IF THE
AMOUNT DEPOSITED EXCEEDS THE FULL AMOUNT REQUIRED TO BE PAID, THE
APPLICANT SHALL BE GIVEN A CREDIT OR REFUND FOR THE EXCESS.
SEC. 4. THE TERM "ADMINISTRATIVE COSTS" AS USED IN THIS ACT,
INCLUDES, BUT IS NOT LIMITED TO, ALL COSTS OF (1) CONDUCTING SUCH
EXPLORATORY PROGRAMS AS THE SECRETARY OF THE INTERIOR DEEMS NECESSARY TO
DETERMINE THE CHARACTER OF THE MINERAL DEPOSITS IN THE LAND, (2)
EVALUATING THE DATA OBTAINED UNDER THE EXPLORATORY PROGRAMS TO DETERMINE
THE FAIR MARKET VALUE OF THE MINERAL RIGHTS TO BE CONVEYED, AND (3)
PREPARING AND ISSUING THE INSTRUMENT OF CONVEYANCE.
SEC. 5. MONEYS PAID TO THE SECRETARY FOR ADMINISTRATIVE COSTS SHALL
BE PAID TO THE AGENCY WHICH RENDERED THE SERVICE, AND DEPOSITED TO THE
APPROPRIATION THEN CURRENT. MONEYS PAID FOR THE MINERAL OR MINERAL
INTERESTS CONVEYED SHALL BE DEPOSITED INTO THE GENERAL FUND OF THE
TREASURY AS MISCELLANEOUS RECEIPTS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 783 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 855 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 4, CONSIDERED AND PASSED HOUSE.
MAY 21, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-296, 88 STAT 184, RESEARCH ON AGING ACT OF 1974.
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 "RESEARCH ON AGING ACT OF
1974". //42 USC 289K-2 NOTE.//
SEC. 2. THE CONGRESS FINDS AND DECLARES THAT-- //42 USC 289K-2
NOTE.//
(1) THE STUDY OF THE AGING PROCESS, THE ONE BIOLOGICAL
CONDITION COMMON TO ALL, HAS NOT RECEIVED RESEARCH SUPPORT
COMMENSURATE WITH ITS EFFECTS ON THE LIVES OF EVERY INDIVIDUAL;
(2) IN ADDITION TO THE PHYSICAL INFIRMITIES RESULTING FROM
ADVANCED AGE, THE ECONOMIC, SOCIAL, AND PSYCHOLOGICAL FACTORS
ASSOCIATED WITH AGING OPERATE TO EXCLUDE MILLIONS OF OLDER
AMERICANS FROM THE FULL LIFE AND THE PLACE IN OUR SOCIETY TO WHICH
THEIR YEARS OF SERVICE AND EXPERIENCE ENTITLE THEM;
(3) RECENT RESEARCH EFFORTS POINT THE WAY TOWARD ALLEVIATION OF
THE PROBLEMS OF OLD AGE BY EXTENDING THE HEALTHY MIDDLE YEARS OF
LIFE;
(4) THERE IS NO AMERICAN INSTITUTION THAT HAS UNDERTAKEN
COMPREHENSIVE SYSTEMATIC AND INTENSIVE STUDIES OF THE BIOMEDICAL
AND BEHAVIORAL ASPECTS OF AGING AND THE RELATED TRAINING OF
NECESSARY PERSONNEL;
(5) THE ESTABLISHMENT OF A NATIONAL INSTITUTE ON AGING WITHIN
THE NATIONAL INSTITUTES OF HEALTH WILL MEET THE NEED FOR SUCH AN
INSTITUTION.
SEC. 3. TITLE IV OF THE PUBLIC HEALTH ACT //ANTE, P. 135.// IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW PART:
"SEC. 461. THE SECRETARY SHALL ESTABLISH IN THE SERVICE AN INSTITUTE
TO BE KNOWN AS THE NATIONAL INSTITUTE ON AGING (HEREINAFTER IN THIS PART
REFERRED TO AS THE 'INSTITUTE') FOR THE CONDUCT AND SUPPORT OF
BIOMEDICAL, SOCIAL, AND BEHAVIORAL RESEARCH AND TRAINING RELATED TO THE
AGING PROCESS AND THE DISEASES AND OTHER SPECIAL PROBLEMS AND NEEDS OF
THE AGED.
"SEC. 462. (A) THE SECRETARY SHALL ESTABLISH A NATIONAL ADVISORY
COUNCIL ON AGING TO ADVISE, CONSULT WITH, AND MAKE RECOMMENDATIONS TO
HIM ON PROGRAMS RELATING TO THE AGED WHICH ARE ADMINISTERED BY HIM AND
ON THOSE MATTERS WHICH RELATE TO THE INSTITUTE.
"(B) THE PROVISIONS RELATING TO THE COMPOSITION, TERMS OF OFFICE OF
MEMBERS, AND REAPPOINTMENT OF MEMBERS OF ADVISORY COUNCILS UNDER SECTION
432(A) //64 STAT. 444; 84 STAT. 1310, 42 USC 289B.// SHALL BE
APPLICABLE TO THE ADVISORY COUNCIL ESTABLISHED UNDER THIS SECTION,
EXCEPT THAT (1E THE SECRETARY MAY INCLUDE ON SUCH ADVISORY COUNCIL SUCH
ADDITIONAL EX OFFICIO MEMBERS AS HE DEEMS NECESSARY, AND (2) THE
SECRETARY SHALL APPOINT TO THE COUNCIL LEADING MEDICAL OR SCIENTIFIC
AUTHORITIES SKILLED IN ASPECTS OF THE BIOLOGICAL AND THE BEHAVIORAL
SCIENCES RELATED TO AGING.
"(C) UPON APPOINTMENT OF SUCH ADVISORY COUNCIL, IT SHALL ASSUME ALL,
OR SUCH PART AS THE SECRETARY MAY SPECIFY, OF THE DUTIES, FUNCTIONS, AND
POWERS OF THE NATIONAL ADVISORY HEALTH COUNCIL RELATING TO PROGRAMS FOR
THE AGED WITH WHICH THE ADVISORY COUNCIL ESTABLISHED UNDER THIS PART IS
CONCERNED AND SUCH PORTION AS THE SECRETARY MAY SPECIFY OF THE DUTIES,
FUNCTIONS, AND POWERS OF ANY OTHER ADVISORY COUNCIL ESTABLISHED UNER
THIS ACT RELATING TO PROGRAMS FOR THE AGED.
"SEC. 463. (A) THE SECRETARY (1) SHALL, THROUGH THE INSTITUTE, CARRY
OUT THE PURPOSES OF SECTION 301 //58 STAT. 491; 79 STAT. 448, 42 USC
241.// WITH RESPECT TO RESEARCH INVESTIGATIONS, EXPERIMENTS,
DEMONSTRATIONS, AND STUDIES RELATED TO THE AGING PROCESS AND THE
DISEASES AND OTHER SPECIAL PROBLEMS AND NEEDS OF THE AGED, EXCEPT THAT
THE SECRETARY SHALL DETERMINE THE AREA IN WHICH AND THE EXTENT TO WHICH
HE WILL CARRY OUT SUCH ACTIVITIES IN FURTHERANCE OF THE PURPOSES OF
SECTION 3014 THROUGH THE INSTITUTE OR ANOTHER INSTITUTE ESTABLISHED BY
OR UNDER OTHER PROVISIONS OF THIS ACT, OR BOTH OF THEM, WHEN BOTH SUCH
INSTITUTES HAVE FUNCTIONS WITH RESPECT TO THE SAME SUBJECT MATTER, AND
(2) SHALL BE RESPONSIBLE FOR COORDINATING SUCH ACTIVITIES SO AS TO AVOID
UNPRODUCTIVE AND UNNECESSARY OVERLAP AND DUPLICATION OF SUCH FUNCTIONS,
THE SECRETARY MAY ALSO PROVIDE TRAINING AND INSTRUCTION AND ESTABLISH
TRAINEESHIPS AND FELLOWSHIPS, IN THE INSTITUTE AND ELSEWHERE, IN MATTERS
RELATING TO STUDY AND INVESTIGATION OF THE AGING PROCESS AND THE
DISEASES AND OTHER SPECIAL PROBLEMS AND NEEDS OF THE AGED. THE
SECRETARY MAY PROVIDE TRAINEES AND FELLOWS PARTICIPATING IN SUCH
TRAINING AND INSTRUCTION OR IN SUCH TRAINEESHIPS AND FELLOWSHIPS WITH
SUCH STIPENDS AND ALLOWANCES (INCLUDING TRAVEL AND SUBSISTENCE EXPENSES
AND DEPENDENCY ALLOWANCES) AS HE DEEMS NECESSARY, AND, IN ADDITION,
PROVIDE FOR SUCH TRAINING, INSTURCTION, TRAINEESHIPS, FELLOWSHIPS
THROUGH GRANTS TO PUBLIC OR OTHER NONPROFIT INSTITUTIONS. IN CARRYING
OUT HIS HEALTH MANPOWER TRAINING RESPONSIBILITIES UNDER THIS ACT OR ANY
OTHER ACT, THE SECRETARY SHALL TAKE APPROPRIATE STEPS TO INSURE THE
EDUCATION AND TRAINING OF ADEQUATE NUMBERS OF ALLIED HEALTH, NURSING,
AND PARAMEDICAL PERSONNEL IN THE FIELD OF HEALTH CARE FOR THE AGED.
"(B) THE SECRETARY SHALL, THROUGH THE INSTITUTE, CONDUCT SCIENTIFIC
STUDIES TO MEASURE THE IMPACT ON THE BIOLOGICAL, MEDICAL, AND
PSYCHOLOGICAL ASPECTS OF AGING OF ALL PROGRAMS AND ACTIVITIES ASSISTED
OR CONDUCTEC BY THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE.
"(C) THE SECRETARY, THROUGH THE INSTITUTE, SHALL CARRY OUT PUBLIC
INFORMATION AND EDUCATION PROGRAMS DESIGNED TO DISSEMINATE AS WIDELY AS
POSSIBLE THE FINDINGS OF INSTITUTE-SPONSORED AND OTHER RELEVANT AGING
RESEARCH AND STUDIES AND OTHER INFORMATION ABOUT THE PROCESS OF AGING
WHICH MAY ASSIST ELDERLY AND NEAR-ELDERLY PERSONS IN DEALING WITH, AND
ALL AMERICANS IN UNDERSTANDING, THE PROBLEMS AND PROCESSES ASSOCIATED
WITH GROWING OLDER.
"SEC. 464. (A) THE SECRETARY, IN CONSULTATION WITH THE INSTITUTE AND
THE NATIONAL ADVISORY COUNCIL ON AGING AND SUCH OTHER APPROPRIATE
ADVISORY BODIES AS HE MAY ESTABLISH, SHALL WITHIN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION DEVELOP A PLAN FOR A RESEARCH PROGRAM ON
AGING DESIGNED TO COORDINATE AND PROMOTE RESEARCH INTO THE BIOLOGICAL,
MEDICAL, PSYCHOLOGICAL, SOCIAL, EDUCATIONAL, AND ECONOMIC ASPECTS OF
AGING. SUCH PROGRAM SHALL BE CARRIED OUT, AS TO RESEARCH INVOLVING THE
FUNCTIONS OF THE INSTITUTE, PRIMARILY THROUGH THE INSTITUTE, AND AS TO
OTHER RESEARCH SHALL BE CARRIED OUT THROUGH ANY OTHER INSTITUTE
ESTABLISHED BY OR UNDER OTHER PROVISIONS OF THIS ACT OR THROUGH ANY
APPROPRIATE AGENCY OR OTHER ORGANIZATIONAL UNIT WITHIN THE DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE.
"(B) UPON ITS COMPLETION, THE PLAN FOR A RESEARCH PROGRAM ON AGING,
REQUIRED BY SUBSECTION (A) OF THIS SECTION, SHALL BE TRANSMITTED TO THE
CONGRESS AND TO THE PRESIDENT AND SHALL SET FORTH THE STAFFING AND
FUNDING REQUIREMENTS TO CARRY OUT SUCH PROGRAM."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 906 ACCOMPANYING H. R. 6175 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE).
SENATE REPORT NO. 93 - 299 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JULY 9, CONSIDERED AND PASSED SENATE.
VOL. 120( (1974): MAY 1, 2, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIEU OF H. R. 6175.
MAY 16, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-295, 88 STAT 180, VETERANS DISABILITY COMPENSATION AND
SURVIVOR BENEFITS ACT OF 1974.
PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "VETERANS DISABILITY COMPENSATION AND SURVIVOR BENEFITS ACT
OF 1974".
SEC. 101. (A) SECTION 314 OF TITLE 38, UNITED STATES CODE, IS
AMENDED-- // 86 STAT. 393.//
(1) BY STRIKING OUT "$28" IN SUBSECTION (A) AND INSERTING IN
LIEU THEREOF "$32";
(2) BY STRIKING OUT "$51" IN SUBSECTION (B) AND INSERTING IN
LIEU THEREOF "$59";
(3) BY STRIKING OUT "$77" IN SUBSECTION (C) AND INSERTING IN
LIEU THEREOF "$89";
(4) BY STRIKING OUT "$106" IN SUBSECTION (D) AND INSERTING IN
LIEU THEREOF "$122";
(5) BY STRIKING OUT "$149" IN SUBSECTION (E) AND INSERTING IN
LIEU THEREOF "$171";
(6) BY STRIKING OUT "$179" IN SUBSECTION (F) AND INSERTING IN
LIEU THEREOF "$211";
(7) BY STRIKING OUT "$212" IN SUBSECTION (G) AND INSERTING IN
LIEU THEREOF "$250";
(8) BY STRIKING OUT "$245" IN SUBSECTION (H) AND INSERTING IN
LIEU THEREOF "$289";
(9) BY STRIKING OUT "$275" IN SUBSECTION (I) AND INSERTING IN
LIEU THEREOF "$325";
(10) BY STRIKING OUT "$495" IN SUBSECTION (J) AND INSERTING IN
LIEU THEREOF "$584";
(11) BY STRIKING OUT "$47" AND "$616" AND "$862" IN SUBSECTION
(K) //81 STAT. 190.// AND INSERTING IN LIEU THEREOF "$52" AND
"$727" AND "$1,017", RESPECTIVELY;
(12) BY STRIKING OUT "$616" IN SUBSECTION (L) AND INSERTING IN
LIEU THEREOF "$727";
(13) BY STRIKING OUT "$687" IN SUBSECTION (M) AND INSERTING IN
LIEU THEREOF "$800";
(14) BY STRIKING OUT "$770" IN SUBSECTION (N) AND INSERTING IN
LIEU THEREOF "$909";
(15) BY STRIKING OUT "$862" IN SUBSECTIONS (O) AND (P) AND
INSERTING IN LIEU THEREOF "$1,017";
(16) BY STRIKING OUT "$370" IN SUBSECTION (R) AND INSERTING IN
LIEU THEREOF "$437"; AND
(17) BY STRIKING OUT "$554" IN SUBSECTION (S) AND INSERTING IN
LIEU THEREOF "$654".
(B) THE ADMINISTRATOR OF VETERANS' AFFAIRS MAY ADJUST
ADMINISTRATIVELY, CONSISTENT WITH THE INCREASES AUTHORIZED BY THIS
SECTION, THE RATES OF DISABILITY COMPENSATION PAYABLE TO PERSONS WITHIN
THE PURVIEW OF SECTION 10 OF PUBLIC LAW 85 - 857 //72 STAT. 1263.// WHO
ARE NOT IN RECEIPT OF COMPENSATION PAYABLE PURSUANT TO CHAPTER 11 OF
TITLE 38, UNITED STATES CODE. //38 USC PREC. 101 NOTE.//
SEC. 102. SECTION 315(1) OF TITLE 38, UNITED STATES CODE, IS
AMENDED-- //38 USC 301, 86 STAT. 394.//
(1) BY STRIKING OUT "$31" IN SUBPARAGRAPH (A) AND INSERTING IN
LIEU THEREOF "$36";
(2) BY STRIKING OUT "$53" IN SUBPARAGRAPH (B) AND INSERTING IN
LIEU THEREOF "$61";
(3) BY STRIKING OUT "$67" IN SUBPARAGRAPH (C) AND INSERTING IN
LIEU THEREOF "$77";
(4) BY STRIKING OUT "$83" AND "$15" IN SUBPARAGRAPH (D) AND
INSERTING IN LIEU THEREOF "$95" ANND "$17", RESPECTIVELY;
(5) BY STRIKING OUT "$21" IN SUBPARAGRAPH (E) AND INSERTING IN
LIEU THEREOF "$24";
(6) BY STRIKING OUT "$36" IN SUBPARAGRAPH (F) AND INSERTING IN
LIEU THEREOF "$41";
(7) BY STRIKING OUT "$53" AND "$15" IN SUBPARAGRAPH (G) AND
INSERTING IN LIEU THEREOF "$61" AND "$17", RESPECTIVELY;
(8) BY STRIKING OUT "$25" IN SUBPARAGRAPH (H) AND INSERTING IN
LIEU THEREOF "$29"; AND
(9) BY STRIKING OUT "$48" IN SUBPARAGRAPH (I) AND INSERTING IN
LIEU THEREOF "$55".
SEC. 201. SECTION 411 OF TITLE 38, UNITED STATES CODE, IS AMENDED TO
READ AS FOLLOWS: //85 STAT. 660.//
"(A) DEPENDENCY AND INDEMNITY COMPENSATION SHALL BE PAID TO A WIDOW,
BASED ON THE PAY GRADE OF HER DECEASED HUSBAN, AT MONTHLY RATES SET
FORTH IN THE FOLLOWING TABLE:
" /1/ IF THE VETERAN SERVED AS SERGEANT MAJOR OF 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 HUARD, AT THE APPLICABLE TIME DESIGNATED BY SEC. 402 OF THIS
TITLE, THE WIDOW'S RATE SHALL BE $316.
" /2/ IF THE VETERAN SERVED AS CHAIRMAN OF THE JOINT CHIEFS 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 $589.
"(B) IF THERE IS A WIDOW WITH ONE OR MORE CHILDREN BELOW THE AGE OF
EIGHTEEN OF DECEASED VETERAN, THE DEPENDENCY AND INDEMNITY COMPENSATION
PAID MONTHLY TO THE WIDOW SHALL BE INCREASED BY $26 FOR EACH SUCH CHILD.
"(C) THE MONTHLY RATE OF DEPENDENCY AND INDEMNITY COMPENSATION
PAYABLE TO THE WIDOW SHALL BE INCREASED BY $64 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: //85 STAT. 660.//
"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, $108.
"(2) TWO CHILDREN, $156.
"(3) THREE CHILDREN, $201.
"(4) MORE THAN THREE CHILDREN, $201, PLUS $40 FOR EACH CHILD IN
EXCESS OF THREE."
SEC. 203.(A) SUBSECTION (A) OF SECTION 414 OF TITLE 38, UNITED STATES
CODE, //85 STAT. 611.// IS AMENDED BY STRIKING OUT "$55" AND INSERTING
IN LIEU THEREOF "$64".
(B) SUBSECTION (B) OF SECTION 414 OF SUCH TITLE IS AMENDED BY
STRIKING OUT "$92" AND INSERTING IN LIEU THEREOF "$108".
(C) SUBSECTION (C) OF SECTION 414 OF SUCH TITLE IS AMENDED BY
STRIKING OUT "$47" AND INSERTING IN LIEU THEREOF "$55".
SEC. 204. SECTION 322(B) OF TITLE 38, UNITED STATES CODE, IS AMENDED
TO READ AS FOLLOWS: //85 STAT. 662.//
"(B) THE MONTHLY RATE OF DEATH COMPENSATION PAYABLE TO A WIDOW OR
DEPENDENT PARENT UNDER SUBSECTION (A) OF THIS SECTION SHALL BE INCREASED
BY $64 IF THE PAYEE IS (1) A PATEINT 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. 205. SECTION 337 OF TITLE 38, UNITED STATES CODE, //80 STAT.
27.// IS AMENDED BY STRIKING "JANUARY 31, 1955" AND INSERTING IN LIEU
THEREOF "DECEMBER 31, 1946".
SEC. 206.(A) SECTION 342 OF TITLE 38, UNITED STATES CODE, //72 STAT.
1124.// IS AMENDED BY STRIKING OUT "EQUAL" AND ALL THAT FOLLOWS DOWN
THROUGH THE END THEREOF AND INSERTING IN LIEU THEREOF "THOSE SPECIFIED
IN SECTION 322 OF THIS TITLE".
(B) SECTION 343 OF SUCH TITLE IS HEREBY REPEALED.
(C) THE TABLE OF SECTIONS AT THE BEGINNING OF SUBCHAPTER V OF CHAPTER
11 OF TITLE 38, UNITED STATES CODE, IS AMENDED BY STRIKING OUT THE
FOLLOWING: "343. CONDITIONS UNDER WHICH WARTIME RATES ARE PAYABLE.".
SEC. 207. (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, //72 STAT. 1106.// WHO AT TIME OF DEATH WITHIN SIX MONTHS
PRIOR TO THE DATE OF ENACTMENT OF THIS ACT WERE RECEIVING DISABILITY
COMPENSATION FROM THE VETERANS' ADMINISTRATION BASED UPON A RATING TOTAL
AND PERMANENT IN NATURE.
(B) THE REPORT OF SUCH STUDY SHALL INCLUDE (1) THE NUMBER OF THE
DESCRIBED CASED, (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, AND (5) DATA REGARDING THE
CURRENT FINANCIAL STATUS OF THE WIDOW, WIDOWER, CHILDREN, AND PARENTS IN
EACH CASE OF DENIAL.
(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 MORE THAN THIRTY DAYS AFTER
THE BEGINNING OF THE NINETY-FOURTH CONGRESS.
SEC. 301.(A) SUBSECTION (A) OF SECTION 3202 OF TITLE 38, UNITED
STATES CODE, IS AMENDED TO READ AS FOLLOWS: //72 STAT. 1232.//
"(A) WHERE IT APPEARS TO THE ADMINISTRATOR THAT THE INTEREST OF THE
BENEFICIARY WOULD BE SERVED THEREBY, PAYMENT OF BENEFITS UNDER ANY LAW
ADMINISTERED BY THE VETERANS' ADMINISTRATION MAY BE MADE DIRECTLY TO THE
BENEFICIARY OR TO A RELATIVE OR SOME OTHER PERSON FOR THE USE AND
BENEFIT OF THE BENEFICIARY, REGARDLESS OF ANY LEGAL DISABILITY ON THE
PART OF THE BENEFICIARY. WHERE, IN THE OPINION OF THE ADMINISTRATOR,
ANY FIDUCIARY RECEIVING FUNDS ON BEHALF OF A VETERANS' ADMINISTRATION
BENEFICIARY IS ACTING IN SUCH A NUMBER OF CASES AS TO MAKE IT
IMPRACTICABLE TO CONSERVE PROPERLY THE ESTATES OR TO SUPERVISE THE
PERSONS OF THE BENEFICIARIES, THE ADMINISTRATOR MAY REFUSE TO MAKE
FUTURE PAYMENTS IN SUCH CASES AS HE MAY DEEM PROPER."
(B) SUBSECTION (C) OF SECTION 3202 OF TITLE 38, UNITED STATES CODE,
//72 STAT. 1232.// IS AMENDED BY DELETING THE PHRASE "GUARDIAN, CURATOR,
CONSERVATOR, OR OTHER PERSON LEGALLY VESTED WITH THE CARE OF THE
CLAIMANT OR HIS ESTATE", FOLLOWING THE WORD "ANY" AND INSERTING
"FIDUCIARY OR OTHER PERSON FOR THE PURPOSE OF PAYMENT OF BENEFITS
PAYABLE UNDER LAWS ADMINISTERED BY THE VETERANS' ADMINISTRATION" AND BY
DELETING THE WORD "ESTATES" AND INSERTING THE WORD "BENEFITS".
(C) SUBSECTION (E) OF SECTION 3202 OF TITLE 38, UNITED STATES CODE,
IS AMENDED BY DELETING THE PHRASE "GUARDIAN, CURATOR, CONSERVATOR, OR
PERSON LEGALLY VESTED WITH THE CARE OF THE BENEFICIARY OR HIS ESTATE,"
FOLLOWING THE WORDS "HANDS OF A", AND INSERTING IN LIEU THEREOF THE
WORDS "FIDUCIARY APPOINTED BY A STATE COURT OR THE VETERANS'
ADMINISTRATION" AND BY DELETING THE PHRASE "GUARDIAN, CURATOR,
CONSERVATOR, OR PERSON LEGALLY VESTED WITH THE CARE OF THE BENEFICIARY
OR HIS ESTATE", FOLLOWING THE WORD "SUCH", AND INSERTING IN LIEU THEREOF
THE WORD "FIDUCIARY".
(D) SUBSECTIONS (F) AND (G) OF SECTION 3202 OF TITLE 38, UNITED
STATES CODE, ARE HEREBY REPEALED.
SEC. 302. SUBSECTION (A)(4) OF SECTION 1701 OF TITLE 38, UNITED
STATES CODE, IS AMENDED TO READ AS FOLLOWS: //72 STAT. 1193.//
"(4) THE TERM 'GUARDIAN' INCLUDES A FIDUCIARY LEGALLY APPOINTED BY A
COURT OF COMPETENT JURISDICTION, OR ANY OTHER PERSON WHO HAS BEEN
APPOINTED BY THE ADMINISTRATOR UNDER SECTION 3202 OF THIS TITLE, TO
RECEIVE PAYMENT OF BENEFITS FOR THE USE AND BENEFIT OF THE ELIGIBLE
PERSON.".
SEC. 401. THE PROVISIONS OF THIS ACT SHALL BECOME EFFECTIVE ON MAY 1,
1974, EXCEPT THAT TITLE III SHALL BECOME EFFECTIVE ON THE FIRST DAY OF
THE SECOND CALENDAR MONTH FOLLOWING ENACTMENT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 991 ACCOMPANYING H. R. 14117 (COMM. ON
VETERANS' AFFAIRS).
SENATE REPORT NO. 93 - 798 (COMM. ON VETERANS' AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 2, CONSIDERED AND PASSED SENATE.
MAY 7, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H. R.
14117.
MAY 20, SENATE AGREED TO HOUSE AMENDMENT WITH AN AMENDMENT.
MAY 23, HOUSE AGREED TO SENATE AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 22: MAY
31, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-294, 88 STAT. 177, AVIATION CAREER INCENTIVE ACT OF
1974.
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 "AVIATION CAREER INCENTIVE ACT OF 1974".
SEC. 2. CHAPTER 5 OF TITLE 37, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) SECTION 301(A)(1) //76 STAT. 461, 37 USC 301// IS AMENDED
BY STRIKING OUT "A CREW MEMBER" AND INSERTING IN LIEW THEREOF "AN
ENLISTED CREW MEMBER".
(2) SECTION 301 (G) IS REPEALED.
(3) THE FOLLOWING NEW SECTION IS INSERTED AFTER SECTION 301 AND
A CORRESPONDING ITEM FOR THAT SECTION IN INSERTED IN THE CHAPTER
ANALYSIS:
"(A)(1) SUBJECT TO REGULATIONS PRESCRIBED BY THE PRESIDENT, A MEMBER
OF A UNIFORMED SERVICE WHO IS ENTITLED TO BASIC PAY IS ALSO ENTITLED TO
AVIATION CAREER INCENTIVE PAY IN THE AMOUNT SET FORTH IN SUBSECTION (B)
OF THIS SECTION FOR THE FREQUENT AND REGULAR PERFROMANCE OF OPERATIONAL
OR PROFICIENCY FLYING DUTY REQUIRED BY ORDERS.
"(2) AVIATION CAREER INCENTIVE PAY SHALL BE RESTRICTED TO REGULAR AND
RESERVE OFFICERS WHO HOLD, OR ARE IN TRAINING LEADING TO, AN
AERONAUTICAL RATING OR DESIGNATION AND WHO ENGAGE AND REMAIN IN AVIATION
SERVICE ON A CAREER BASIS.
"(3) UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF DEFENSE, THE
SECRETARY OF TRANSPORTATION WITH RESPECT TO THE COAST GUARD WHEN IT IS
NOT OPERATING AS A SERVICE IN THE NAVY, OR THE SECRETARY OF COMMERCE AND
THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE WITH RESPECT TO MEMBERS
UNDER THEIR RESPECTIVE JURISDICTION, AN OFFICER (EXCEPT A FLIGHT SURGEON
OR OTHER MEDICAL OFFICER) WHO IS ENTITLED TO BASIC PAY, HOLDS AN
AERONAUTICAL RATING OR DESIGNATION, AND IS QUALIFIED FOR AVIATION
SERVICE UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, IS
ENTITLED TO CONTINUOUS MONTHLY INCENTIVE PAY IN THE AMOUNT SET FORTH IN
SUBSECTION (B) OF THIS SECTION THAT IS APPLICABLE TO HIM. A FLIGHT
SURGEON OR OTHER MEDICAL OFFICER WHO IS ENTITLED TO BASIC PAY, HOLDS AN
AERONAUTICAL RATING OR DESIGNATION, AND IS QUALIFIED FOR AVIATION
SERVICE UNDER REGUALTIONS PRESCRIBED BY THE SECRETARY CONCERNED, IS NOT
ENTITLED TO CONTINUOUS MONTHLY INCENTIVE PAY BUT IS ENTITLED TO MONTHLY
INCENTIVE PAY IN THE AMOUNTS SET FORTH IN SUBSECTION (B) OF THIS SECTION
FOR THE FREQUENT AND REGULAR PERFORMANCE OF OPERATIONAL FLYING DUTY.
"(4) TO BE ENTITLED TO CONTINUOUS MONTHLY INCENTIVE PAY, AN OFFICER
MUST PERFORM THE PRESCRIBED OPERATIONAL FLYING DUTIES (INCLUDING FLIGHT
TRAINING BUT EXCLUDING PROFICIENCY FLYING) FOR 6 OF THE FIRST 12, AND 11
OF THE FIRST 18, YEARS OF HIS AVIATION SERVICE. HOWEVER, IF AN OFFICER
PERFORMS THE PRESCRIBED OPERATIONAL FLYING DUTIES (INCLUDING FLIGHT
TRAINING BUT EXCLUDING PROFICIENCY FLYING) FOR AT LEAST 9 BUT LESS THAN
11 OF THE FIRST 18 YEARS OF HIS AVIATION SERVICE, HE WILL BE ENTITLED TO
CONTINUOUS MONTHLY INCENTIVE PAY FOR THE FIRST 22 YEARS OF HIS OFFICER
SERVICE.
"(5) IF UPON COMPLETION OF EITHER 12 OR 18 YEARS OF AVIATION SERVICE
IT IS DETERMINED THAT AN OFFICER HAS FAILED TO PERFORM THE MINIMUM
PRESCRIBED OPERATIONAL FLYING DUTY REQUIREMENTS DURING THE PRESCRIBED
PERIODS OF TIME, HIS ENTITLEMENT TO CONTINUOUS MONTHLY INCENTIVE PAY
CEASES. IF AT THE COMPLETION OF 12 YEARS OF AVIATION SERVICE
ENTITLEMENT TO CONTINUOUS MONTHLY INCENTIVE PAY CEASES, ENTITLEMENT TO
THAT PAY MAY AGAIN COMMENCE AT THE COMPLETION OF 18 YEARS OF AVIATION
SERVICE UPON COMPLETION OF THE MINIMUM OPERATIONAL FLYING DUTY
REQUIREMENTS, SUCH PAY TO CONTINUE FOR A PERIOD OF TIME AS PRESCRIBED IN
ACCORDANCE WITH THIS SECTION. HOWEVER, IF ENTITLEMENT TO CONTINUOUS
MONTHLY INCENTIVE PAY CEASES IN THE CASE OF ANY OFFICER AT THE
COMPLETION OF EITHER 12 OR 18 YEARS OF AVIATION SERVICE, SUCH OFFICER
REMAINS ENTITLED TO MONTHLY INCENTIVE PAY FOR THE PERFROMANCE OF
SUBSEQUENT OPERATIONAL OR PROFICIENCY FLYING DUTIES UP TO THE MAXIMUM
PERIOD OF TIME PRESCRIBED IN ACCORDANCE WITH THIS SECTION.
"(6) FOR THE PURPOSES OF THIS SECTION, THE TERM--,
"(A) 'OPERATIONAL FLYING DUTY' MEANS FLYING PERFORMED UNDER
COMPETENT ORDERS BY RATED OR DESIGNATED MEMBERS WHILE SERVING IN
ASSIGNMENTS IN WHICH BASIC FLYING SKILLS NORMALLY ARE MAINTAINED
IN THE PERFORMANCE OF ASSIGNED DUTIES AS DETERMINED BY THE
SECRETARY CONCERNED, AND FLYING PERFORMED BY MEMBERS IN TRAINING
THAT LEADS TO THE AWARD OF AN AERONAUTICAL RATING OR DESIGNATION;
AND
"(B) 'PROFICIENCY FLYING DUTY MEANS FLYING PERFORMED UNDER
COMPETENT ORDERS BY RATED OR DESIGNATED MEMBERS WHILE SERVING IN
ASSIGNMENTS IN WHICH SUCH SKILLS WOULD NORMALLY NOT BE MAINTAINED
IN THE PERFORMANCE OF ASSIGNED DUTIES.
"(B) A MEMBER WHO SATISFIES THE REQUIREMENTS DESCRIBED IN SUBSECTION
(A) OF THIS SECTION IS ENTITLED TO MONTHLY INCENTIVE PAY AS FOLLOWS:
"(1) FOR AN OFFICER IN PAY GRADES 0 - 1 THROUGH 0 - 10 WHO IS
QUALIFIED UNDER SUBSECTION (A) OF THIS SECTION:
AN OFFICER IS ENTITLED TO THE RATES IN PHASE I OF THIS TABLE UNTIL HE
HAS COMPLETED 18 YEARS OF SERVICE AS AN OFFICER, AFTER WHICH HIS
ENTITLEMENT IS AS PRESCRIBED BY THE RATES IN PHASE II, IF HE HAS
COMPLETED AT LEAST 6 YEARS OF AVIATION SERVICE AS AN OFFICER. HOWEVER,
IF HE HAS OVER 18 YEARS OF SERVICE AS AN OFFICER, BUT NOT AT LEAST 6
YEARS OF AVIATION SERVICE AS AN OFFICER, HE CONTINUES TO BE SUBJECT TO
THE RATES SET FORTH IN PHASE I OF THE TABLE THAT APPLY TO AN OFFICER WHO
HAS LESS THAN 6 YEARS OF AVIATION SERVICE AS AN OFFICER. AN OFFICER IN
A PAY GRADE ABOVE 0 - 6 IS ENTITLED, UNTIL HE COMPLETES 25 YEARS OF
SERVICE AS AN OFFICER, TO BE PAID AT THE RATES SET FORTH IN THIS TABLE,
EXCEPT THAT AN OFFICER IN PAY GRADE 0 - 7 MAY NOT BE PAID AT A RATE
GREATER THAN $160 A MONTH, AND AN OFFICER IN PAY GRADE 0 - 8, OR ABOVE,
MAY NOT BE PAID AT A RATE GREATER THAN $165 A MONTH.
"(2) FOR A WARRANT OFFICER WHO IS QUALIFIED UNDER SUBSECTION
(A) OF THIS SECTION: YEARS OF AVIATION SERVICE AS
FOR THE PURPOSES OF CLAUSES (1) AND (2) OF THIS SUBSECTION, THE TERM
'AVIATION SERVICE' MEANS THE SERVICE PERFORMED, UNDER REGULATIONS
PRESCRIBED BY THE SECRETARY CONCERNED, BY AN OFFICER, AND THE YEARS OF
AVIATION SERVICE ARE COMPUTED BEGINNING WITH THE EFFECTIVE DATE OF THE
INITIAL ORDER TO PERFROM AVIATION SERVICE.
"(C) IN TIME OF WAR, THE PRESIDENT MAY SUSPEND THE PAYMENT OF
AVIATION CAREER INCENTIVE PAY.
"(D) UNDER REGULATIONS PRESCRIBED BY THE PRESIDENT AND TO THE EXTENT
PROVIDED FOR BY APPROPRIATIONS, WHEN A MEMBER OF A RESERVE COMPONENT OF
A UNIFORMED SERVICE, OR OF THE NATIONAL GUARD, WHO IS ENTITLED TO
COMPENSATION UNDER SECTION 206 OF THIS TITLE, //76 STAT. 460, 37 USC
206.// PERFORMS, UNDER ORDERS, DUTY DESCRIBED IN SUBSECTION (A) OF THIS
SECTION FOR MEMBERS ENTITLED TO BASIC PAY, HE IS ENTITLED TO AN INCREASE
IN COMPENSATION EQUAL TO 1/30 OF THE MONTHLY INCENTIVE PAY AUTHORIZED BY
SUBSECTION (B) (1) OR (2) OF THIS SECTION, AS THE CASE MAY BE, FOR THE
PERFORMANCE OF THAT DUTY BY A MEMBER OF CORRESPONDING YEARS OF AVIATION
OR OFFICER SERVICE, AS APPROPRIATE, WHO IS ENTITLED TO BASIC PAY. SUCH
MEMBER IS ENTITLED TO THE INCREASE FOR AS LONG AS HE IS QUALIFIED FOR
IT, FOR EACH REGULAR PERIOD OF INSTRUCTION, OR PERIOD OF APPROPRIATE
DUTY, AT WHICH HE IS ENGAGED FOR AT LEAST TWO HOURS, INCLUDING THAT
PERFORMED ON A SUNDAY OR HOLIDAY, OR FOR THE PERFORMANCE OF SUCH OTHER
EQUIVALENT TRAINING, INSTRUCTION, DUTY OR APPROPRIATE DUTIES, AS THE
SECRETARY MAY PRESCRIBE UNDER SECTION 206(A) OF THIS TITLE. THIS
SUBSECTION DOES NOT APPLY TO A MEMBER WHO IS ENTITLED TO BASIC PAY UNDER
SECTION 204 OF THIS TITLE. //76 STAT. 457.//
"(E) THE SECRETARY OF DEFENSE SHALL REPORT TO CONGRESS BEFORE JULY 1
EACH YEAR THE NUMBER OF RATED MEMBERS BY PAY GRADE WHO--,
"(1) HAVE 12 OR 18 YEARS OF AVIATION SERVICE, AND OF THOSE
NUMBERS, THE NUMBER WHO ARE ENTITLED TO CONTINUOUS MONTHLY
INCENTIVE PAY UNDER SUBSECTION (A) OF THIS SECTION; AND
"(2) ARE PERFORMING OPERATIONAL FLYING DUTIES, PROFICIENCY
FLYING, AND THOSE NOT PERFORMING FLYING DUTIES.".
SEC. 3. SECTION 715 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT,
1973 (86 STAT. 1199), AND SECTION 715 OF THE DEPARTMENT OF DEFENSE
APPROPRIATION ACT, 1974 (87 STAT. 1041), ARE EACH AMENDED BY STRIKING
OUT THE LAST SENTENCE.
SEC. 4. NOTWITHSTANDING THE AMENDMENTS MADE BY THIS ACT, AN OFFICER
WHO WAS ENTITLED TO INCENTIVE PAY UNDER SECTION 301(A)(1) OF TITLE 37,
UNITED STATES CODE, //ANTE, P. 177.// ON MAY 31, 1973, OR ON THE DAY
BEFORE THE EFFECTIVE DATE OF THIS ACT, IF OTHERWISE QUALIFIED ON THE DAY
BEFORE THE EFFECTIVE DATE OF THIS ACT, IS ENTITLED TO MONTHLY INCENTIVE
PAY AS PRESCRIBED IN EITHER CLAUSE (1) OR (2) OF THIS SECTION, AS
FOLLOWS:
(1) IF HE IS CREDITED WITH 6 OR LESS YEARS OF AVIATION SERVICE
AS AN OFFICER, AND WITH LESS THAN 12 YEARS OF SERVICE AS AN
OFFICER, HE IS ENTITLED TO MONTHLY INCENTIVE PAY EITHER--,
(A) IN THE AMOUNT HE WAS RECEIVING UNDER SECTION 301(B) OF THAT
TITLE ON MAY 31, 1973, //76 STAT. 461, 37 USC 301.// OR ON THE DAY
BEFORE THE EFFECTIVE DATE OF THIS ACT, BUT WITH NO ENTITLEMENT
AFTER EITHER OF THOSE DATES, AS APPLICABLE, TO ANY LONGEVITY PAY
INCREASES OR INCREASES RESULTING FROM PROMOTION TO A HIGHER GRADE
UNTIL SUCH TIME AS THE RATE TO WHICH HE IS ENTITLED UNDER SECTION
301A(B) OF THAT TITLE, AS ADDED BY THIS ACT, //ANTE, P. 177.// IS
EQUAL TO OR GREATER THAN THE AMOUNT HE WAS RECEIVING UNDER THAT
SECTION ON MAY 31, 1973, OR ON THE DAY BEFORE THE EFFECTIVE DATE
OF THIS ACT, AND THEREAFTER THIS ENBTITLEMENT IS AS PRESCRIBED BY
THAT SECTION, AS ADDED BY THIS ACT; OR
(B) AT THE RATE PRESCRIBED BY SECTION 301N(B) OF THAT TITLE, AS
ADDED BY THIS ACT;
WHICHEVER IS GREATER. HOWEVER, AN OFFICER WHO IS PROMOTED AND ASSIGNED
TO PAY GRADE 0 - 7 OR ABOVE DURING THE 36-MONTH PERIOD FOLLOWING THE
EFFECTIVE DATE OF THIS ACT MAY NOT RECEIVE MORE THAN THE RATE WHICH
EXISTED FOR THAT PAY GRADE, AS APPROPRIATE, PRIOR TO JUNE 1, 1973.
(2) IF HE IS CREDITED WITH MORE THAN 6 YEARS OF AVIATION SERVICE AS
AN OFFICER, OR LESS THAN 6 YEARS OF AVIATION SERVICE BUT MORE THAN 12
YEARS OF SERVICE AS AN OFFICER, HE MAY RECEIVE MONTHLY INCENTIVE PAY AT
THE RATE PRESCRIBED IN THE TABLE IN SECTION 301A(B) OF TITLE 37, UNITED
STATES CODE, AS ADDED BY THIS ACT, THAT IS APPLICABLE TO HIM, OR $165,
WHICHEVER IS GREATER, FOR NOT MORE THAN 36 MONTHS AFTER THE EFFECTIVE
DATE OF THIS ACT, NOTWITHSTANDING THE PROVISIONS OF SECTION 301A(A) OF
THAT TITLE, AS ADDED BY THIS ACT, WITH RESPECT TO PRESCRIBED OPERATIONAL
FLYINGDUTIES (INCLUDING FLIGHT TRAINING BUT EXCLUDING PROFICIENCY
FLYING). HOWEVER, UNDER THIS CLAUSE, AN OFFICER WHO IS ASSIGNED TO THE
PAY GRADE 0 - 7 ON THE EFFECTIVE DATE OF THIS ACT, OR IS PROMOTED TO THE
APY GRADE 0 - 7 DURING THE 36-MONTH PERIOD FOLLOWING THE EFFECTIVE DATE
OF THIS ACT, MAY NOT RECEIVE MORE THAN 160 PER MONTH WHILE ASSIGNED TO
THAT GRADE. THE AMOUNT TO WHICH A RESERVE OFFICER WHO IS ENTITLED TO
COMPENSATION UNDER SECTION 206 OF TITLE 37, UNITED STATES CODE, //76
STAT. 460.// IS ENTITLED UNDER THIS SECTION IS GOVERNED BY THE
PROVISIONS OF SECTION 301A(D) OF THAT TITLE, AS ADDED BY THIS ACT.
SEC. 5. A YEARLY REPORT CONTAINING SUCH DATA AS NECESSARY TO MONITOR
THE PROGRESS OF THIS BILL SHALL BE MADE BY THE DEPARTMENT OF DEFENSE IN
COOPERATION WITH THE SENATE AND HOUSE ARMED SERVICES COMMITTEES AND
RELEASED PUBLICLY.
SEC. 6. THIS ACT BECOMES EFFECTIVE ON THE FIRST DAY OF THE FIRST
MONTH AFTER ENACTMENT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 799 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 21, CONSIDERED AND PASSED HOUSE.
MAY 21, CONSIDERED AND PASSED SENATE, AMENDED.
MAY 23, HOUSE AGREED TO SENATE AMENDMENTS.
PUBLIC LAW 93-293, 88 STAT. 176.
IMPROVEMENTS IN THE EDUCATIONAL
ASSISTANCE PROGRAMS; AND FOR OTHER PURPOSES.
BE IT EENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, NOTWITHSTANDING
ANY OTHER PROVISION OF LAW, THE EIGHT-YEAR DELIMITING DATE OFR PURSUIT
OF EDUCATIONAL PROGRAMS UNDER CHAPTER 34 OF TITLE 38, UNITED STATES
CODE, //80 STAT. 12.38 USC 1651.// FOR ELIGIBLE VETERANS DISCHARGED OR
RELEASED FROM ACTIVE DUTY BETWEEN JANUARY 31, 1955, AND SEPTEMBER 1,
1966 (EXCEPT FOR THOSE VETERANS WHOSE DISCHARGES ARE SUBJECT TO THE
PROVISIONS OF SECTION 1662(B) OF SUCH CHAPTER, OR WHO ARE PURSUING
COURSES OF FARM COOPERATIVE TRAINING, APPRENTICESHIP OR OTHER TRAINING
ON THE JOB, OR FLIGHT TRAINING UNDER SUCH CHAPTER), SHALL RUN FROM JULY
1, 1966.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 792 ACCOMPANYING H. R. 12628 (COMM. ON
VETERANS' AFFAIRS).
SENATE REPORT NO. 93 - 943 (COMM. ON VETERANS' AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 19, H. R. 12628 CONSIDERED AND PASSED HOUSE.
MAY 13, CONSIDERED AND PASSED SENATE.
MAY 15, CONSIDERED AND PASSED HOUSE, AMENDED.
MAY 21, SENATE CONCURRED IN HOUSE AMENDMENTS WITH AN AMENDMENT.
MAY 23, HOUSE CONCURRED IN SEANTE AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 22:
MAY 31, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-292, 88 STAT 176.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 1482 OF
TITLE 10, UNITED STATES CODE, //70A STAT. 113; 84 STAT. 1086.// IS
AMENDED BY ADDING THE FOLLOWING NEW SUBSECTION AT THE END THEREOF:
"(F) THE SECRETARY CONCERNED MAY PAY THE NECESSARY EXPENSES FOR THE
PRESENTATION OF A FLAG TO THE PERSON DESIGNATED TO DIRECT THE
DISPOSITION OF THE REMAINS OF A MEMEBER OF THE RESERVE OF AN ARMED FORCE
UNDER HIS JURISDICTION WHO DIES UNDER HONORABLE CIRCUMSTANCES AS
DETERMINED BY THE SECRETARY AND WHO IS NOT COVERED BY SECTION 1481 OF
THIS TITLE //78 STAT. 1071.// IF, AT THE TIME OF SUCH MEMBER'S DEATH,
HE--,
"(1) WAS A MEMBER OF THE READY RESERVE; OR
"(2) HAD PERFORMED AT LEAST TWENTY YEARS OF SERVICE AS
COMPUTED UNDER SECTION 1332 OF THIS TITLE //70A STAT.102; 78 STAT.
1034.// AND WAS NOT ENTITLED TO RETIRED PAY UNDER SECTION 1331 OF THIS
TITLE.). //82 STAT. 754.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 719 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 840 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 17, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): MAY 13, CONSIDERED AND PASSED SENATE,
AMENDED. MAY 15, HOUSE OCCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-291, 88 STAT 174.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ACT ENTITLED
"AN ACT TO PROVIDE FOR THE PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL
DATA (INCLUDING RELICS AND SPECIMENS) WHICH MIGHT OTHERWISE BE LOST AS
THE RESULT OF THE CONSTRUCTION OF A DAM", APPROVED JUNE 27, 1960 (74
STAT. 220; 16 U.S.C. 469), IS AMENDED AS FOLLOWS:
(1) IN SECTION 1, AFTER "RESULT OF" INSERT "(1)" AND DELETE "AGENCY."
AND INSERT "AGENCY OR (2) ANY ALTERATION OF THE TERRAIN CAUSED AS A
RESULT OF ANY FEDERAL CONSTRUCTION PROJECT OR FEDERALLY LICENSED
ACTIVITY OR PROGRAM."
(2) IN SECTION 2, //16 USC 469A.// CHANGE CSEC. 2. (A)", TO "SEC.
2."; AFTER "SECRETARY OF THE INTERIOR" INSERT "(HEREAFTER REFERRED TO
AS THE SECRETARY)", AND DELETE ALL OF SUBSECTION (B).
(3) ADD THE FOLLOWING NEW SECTIONS:
"SEC. 3. //16 USC 469A-1.// (A) WHENEVER ANY FEDERAL AGENCY FINDS,
OR IS NOTIFIED, IN WRITING, BY AN APPROPRIATE HISTORICAL OR
ARCHEOLOGICAL AUTHORITY, THAT ITS ACTIVITIES IN CONNECTION WITH ANY
FEDERAL CONSTRUCTION PROJECT OR FEDERALLLY LICENSED PROJECT, ACTIVITY,
OR PROGRAM MAY CAUSE IRREPARABLE LOSS OR DESTRUCTION OF SIGNIFICANT
SCIENTIFIC, PREHISTORICAL, HISTORICAL, OR ARCHEOLOGICAL DATA, SUCH
AGENCY SHALL NOTIFY THE SECRETARY, IN WRITING, AND SHALL PROVIDE THE
SECRETARY WITH APPROPRIATE INFORMATION CONCERNING THE PROJECT, PROGRAM,
OR ACTIVITY. SUCH AGENCY MAY REQUEST THE SECRETARY TO UNDERTAKE THE
RECOVERY, PROTECTION, AND PRESERVATION OF SUCH DATA (INCLUDING
PRELIMINARY SURVEY, OR OTHER INVESTIGATION AS NEEDED, AND ANALYSIS AND
PUBLICATION OF THE REPORTS RESULTING FROM SUCH INVESTIGATION), OR IT
MAY, WITH FUNDS APPROPIATED FOR SUCH PROJECT, PROGRAM, OR ACTIVITY,
UNDERTAKE SUCH ACTIVITIES. COPIES OF REPORTS OF ANY INVESTIGATIONS MADE
PURSUANT TO THIS SECTION SHALL BE SUBMITTED TO THE SECRETARY, WHO SHALL
MAKE THEM AVAILABLE TO THE PUBLIC FOR INSPECTION AND REVIEW.
"(B) WHENEVER ANY FEDERAL AGENCY PROVIDES FINANCIAL ASSISTANCE BY
LOAN, GRANT, OR OTHERWISE TO ANY PRIVATE PERSON, ASSOCIATION, OR PUBLIC
ENTITY, THE SECRETARY, IF HE DETERMINES THAT SIGNIFICANT SCIENTIFIC,
PREHISTORICAL, HISTORICAL, OR ARCHEOLOGICAL DATA MIGHT BE IRREVOCABLY
LOST OR DESTROYED, MAY WITH FUNDS APPROPRIATED EXPRESSLY FOR THIS
PURPOSE CONDUCT, WITH THE CONSENT OF ALL PERSONS, ASSOCIATIONS, OR
PUBLIC ENTITIES HAVING A LEGAL INTEREST IN THE PROPERTY INVOLVED, A
SURVEY OF THE AFFECTED SITE AND UNDERTAKE THE RECOVERY, PROTECTION, AND
PRESERVATION OF SUCH DATA (INCLUDING ANALYSIS AND PUBLICATION). THE
SECRETARY SHALL, UNLESS OTHERWISE MUTUALLY AGREED TO IN WRITING,
COMPENSATE ANY PERSON, ASSOCIATION, OR PUBLIC ENTITY DAMAGED AS A RESULT
OF DELAYS IN CONSTRUCTION OR AS A RESULT OF THE TEMPORARY LOSS OF THE
USE OF PRIVATE OR ANY NONFEDERALLY OWNED LANDS.
"SEC. 4. //16 USC 469A-2.// (A) THE SECRETARY, UPON NOTIFICATION, IN
WRITING, BY ANY FEDERAL OR STATE AGENCY OR APPROPRIATE HISTORICAL OR
ARCHEOLOGICAL AUTHORITY THAT SCIENTIFIC, PREHISTORICAL, OR ARCHEOLOGICAL
DATA IS BEING OR MAY BE IRREVOCABLY LOST OR DESTROYED BY ANY FEDERAL OR
FEDERALLY ASSISTED OR LICENSED PROJECT, ACTIVITY, OR PROGRAM, SHALL, IF
HE DETERMINES THAT SUCH DATA IS SIGNIFICANT AND IS BEING OR MAY BE
IRREVOCABLY LOST OR DESTROYED AND AFTER REASONABLE NOTICE TO THE AGENCY
RESPONSIBLE FOR FUNDING OR LICENSING SUCH PROJECT, ACTIVITY, OR PROGRAM,
CONDUCT OR CAUSE TO BE CONDUCTED A SUREVEY AND OTHER INVESTIGATION OF
THE AREAS WHICH ARE OR MAY BE AFFECTED AND RECOVER AND PRESERVE SUCH
DATA (INCLUDING ANALYSIS AND PUBLICATION) WHICH, IN HIS OPINION, ARE NOT
BEING, BUT SHOULD BE, RECOVERED AND PRESERVED IN THE PUBLIC INTEREST.
"(B) NO SURVEY OR RECOVERY WORK SHALL BE REQUIRED PURSUANT TO THEIS
SECTION WHICH, IN THE DETERMINATION OF THE HEAD OF THE RESPONSIBLE
AGENCY, WOULD IMPEDE FEDERAL OR FEDERALLY ASSISTED OR LICENSED PROJECTS
OR ACTIVITIES UNDERTAKEN IN CONNECTION WITH ANY EMERGENCY, INCLUDING
PROJECTS OR ACTIVITIES UNDERTAKEN IN ANTICIPATION OF, OR AS A RESULT OF,
A NATURAL DISASTER.
"(C) THE SECRETARY SHALL INITIATE THE SURVEY OR RECOVERY EFFORT
WITHIN SIXTY DAYS AFTER NOTIFICATION TO HIM PURSUANT TO SUBSECTION (A)
OF THIS SECTION OR WITHIN SUCH TIME AS MAY BE AGREED UPON WITH THE HEAD
OF THE AGENCY RESPONSIBLE FOR FUNDING OR LICENSING THE PROJECT,
ACTIVITY, OR PROGRAM IN ALL OTHER CASES.
"(D) THE SECRETARY SHALL, UNLESS OTHERWISE MUTUALLY AGREED TO IN
WRITING, COMPENSATE ANY PERSON, ASSOCIATION, OR PUBLIC ENTITY DAMAGED AS
A RESULT OF DELAYS IN CONSTRUCTION OR AS A RESULT OF THE TEMPORARY LOSS
OF THE USE OF PRIVATE OR NONFEDERALLY OWNED LAND."
(4) IN SECTION 2, CHANGE "SEC. 2. (C)" TO "SEC. 5. (A)" //74 STAT.
220, 16 USC 469, 16 USC 469A-3.// AND CHANGE "INSTIGATING AGENCY" TO
"AGENCY RESPONSIBLE FOR FUNDING OR LICENSING THE PROJECT" AND DELETE
"AGENCY." AND INSERT "AGENCY AND THE SURVEY AND RECOVERY PROGRAMS SHALL
TERMINATE AT A TIME MUTUALLY AGREED UPON BY THE SECRETARY AND THE HEAD
OF SUCH AGENCY UNLESS EXTENDED BY MUTUAL AGREEMENT.".
(5) DELETE SUBSECTION 2(D).
(6) IN SECTION 2, CHANGE "SEC. 2. (E)" TO "SEC. 5. (B)".
(7) IN SECTION 5, ADD THE FOLLOWING NEW SUBSECTION:
"(C) THE SECRETARY SHALL COORDINATE ALL FEDERAL SURVEY AND RECOVERY
ACTIVITIES AUTHORIZED UNDER THIS ACT AND SHALL SUBMIT AN ANNUAL REPORT
AT THE END OF EACH FISCAL YEAR TO THE INTERIOR AND INSULAR AFFAIRS
COMMITTEES OF THE UNITED STATES CONGRESS INDICATING THE SCOPE AND
EFFECTIVENESS OF THE PROGRAM, THE SPECIFIC PROJECTS SURVEYED AND THE
RELULTS PRODUCED, AND THE COSTS INCURRED BY THE FEDERAL GOVERNMENT AS A
RESULT THEREOF.".
(8) REDESIGNATE "SEC. 3." AS "SEC. 6." //16 USC 469B.// AND CHANGE
PARAGRAPHS (2) AND (3) TO READ AS FOLLOWS:
"(2) OBTAIN THE SERVICES OF EXPERTS AND CONSULTANTS OR
ORGANIZATIONS THEREOF IN ACCORDANCE WITH SECTION 3109 OF TITLE 5,
UNITED STATES CODE; //80 STATS. 416.// AND
"(3) ACCEPT AND UTILIZE FUNDS MADE AVAILABLE FOR SALVAGE
ARCHEOLOGICAL PURPOSES BY ANY PRIVATE PERSON OR CORPORATION OR
TRANSFERRED TO HIM BY ANY FEDERAL AGENCY.".
(9) DELETE ALL OF SECTION 4 AND INSERT THE FOLLOWING:
"SEC. 7. //16 USC 469C.// (A) TO CARRY OUT THE PURPOSES OF THIS ACT,
ANY FEDERAL AGENCY RESPONSIBLE FOR A CONSTRUCTION PROFECT MAY ASSIST THE
SECRETARY AND/OR IT MAY TRANSFER TO HIM SUCH FUNDS AS MAY BE AGREED
UPON, BUT NOT MORE THAN 1 PER CENTUM OF THE TOTAL AMOUNT AUTHORIZED TO
BE APPROPRIATED FOR SUCH PROJECT, EXCEPT THAT THE 1 PER CENTUM
LIMITATION OF THIS SECTION SHALL NOT APPLY IN THE EVENT THAT THE PROJECT
INVOLVES $50,000 OR LESS: PROVIDED, THAT THE COSTS OF SUCH SURVEY,
RECOVERY, ANALYSIS, AND PUBLICATION SHALL BE CONSIDERED NONREIMBURSABLE
PROJECTS COSTS.
"(B) FOR THE PURPOSES OF SUBSECTION 3(B), THERE ARE AUTHORIZED TO BE
APPROPRIATED SUCH SUMS AS MAY BE NECESSARY, BUT NOT MORE THAN $500,000
IN FISCAL YEAR 1974; $1,000,000 IN FISCAL YEAR 1975; $1,500,000 IN
FISCAL YEAR 1976; $1,500,000 IN FISCAL YEAR 1977; AND $1,5000,000 IN
FISCAL YEAR 1978.
"(C) FOR THE PURPOSES OF SUBSECTION 4(A), THERE ARE AUTHORIZED TO BE
APPROPRIATED NOT MORE THAN $2,000,000 IN FISCAL YEAR 1974; $2,000,000
IN FISCAL YEAR 1975; $3,000,000 IN FISCAL YEAR 1976; $3,000,000 IN
FISCAL YEAR 1977; AND $3,000,000 IN FISCAL YEAR 1978.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 992 ACCOMPANYING H.R. 296 (COMM. ON INTERIOR
AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 163 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD:
VOL. 119 (1973): MAY 22, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAY 6, CONSIDERED PASSED HOUSE, AMENDED, IN
LIEU OF H.R. 296, MAY 9, SENATE AGREED TO HOUSE AMENDMENTS.
PUBLIC LAW 93-290, 88 STAT 173.
BE IN ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. (A) THE FIRST SENTENCE OF SECTION 505(A) OF TITLE 10,
UNITED STATES CODE, //81 STAT. 754.// IS AMENDED BY STRIKING OUT "IN THE
CASE OF MALE PERSONS AND NOT LESS THAN EIGHTEEN YEARS OF AGE IN THE CASE
OF FEMALE PERSONS".
(B) THE SECOND SENTENCE OF SECTION 505(A) OF TITLE 10, UNITED STATES
CODE, IS AMENDED BY STRIKING OUT "MALE" AND BY STRIKING OUT ", OR FEMALE
PERSON UNDER TWENTY-ONE YEARS OF AGE,".
SEC. 2 SECTION 505(C) OF TITLE 10, UNITED STATE CODE, IS AMENDED
BY--,
(1) INSERTING "OF PERSONS FOR THE DURATION OF THEIR MINORITY OR
FOR A PERIOD OF TWO, THREE, FOUR, FIVE, OR SIX YEARS," AFTER
"ENLISTMENTS";
(2) INSERTING A PERIOD AFTER "BE" AND BY STRIKING OUT THE DASH
AFTER "BE"; AND
(3) STRIKING OUT PARAGRAPH (1) AND PARAGRAPH (2).
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 718 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 839 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 17, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): MAY 14, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-289, 88 STAT 165, VETERAN'S INSURANCE ACT OF 1974.
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' INSURANCE ACT OF 1974". //72 STAT. 1157, 1716;
75 STAT. 495.//
SEC. 2. (A) THAT SECTION 723 OF TITLE 38, UNITED STATES CODE, IS
AMENDED AS FOLLOWS:
(1) THE CATCHLINE IS AMENDED TO READ AS FOLLOWS: "VETERANS' SPECIAL
LIFE INSURANCE".
(2) CLAUSE (4) OF SUBSECTION (A) IS AMENDED TO READ AS FOLLOWS: "(4)
ALL PREMIUMS AND OTHER COLLECTIONS ON SUCH INSURANCE AND ANY TOTAL
DISABILITY PROVISIONS ADDED THERETO SHALL BE CREDITED TO A REVOLVING
FUND IN THE TREASURY OF THE UNITED STATES, WHICH, TOGETHER WITH INTEREST
EARNED THEREON, SHALL BE AVAILABLE FOR THE PAYMENT OF LIABILITIES UNDER
SUCH INSURANCE AND ANY TOTAL DISABILITY PROVISIONS ADDED THERETO,
INCLUDING PAYMENTS OF DIVIDENDS AND REFUNDS OF UNEARNED PREMIUMS".
(3) CLAUSE (5) OF SUBSECTION (B) IS AMENDED TO READ AS FOLLOWS: "(5)
ALL PREMIUMS AND OTHER COLLECTIONS ON INSURANCE ISSUED UNDER THIS
SUBSECTION AND ANY TOTAL DISABILITY INCOME PROVISIONS ADDED THERETO
SHALL BE CREDITED DIRECTLY TO THE REVOLVING FUND REFERRED TO IN
SUBSECTION (A) OF THIS SECTION, WHICH TOGETHER WITH INTEREST EARNED
THEREON, SHALL BE AVAILABLE FOR THE PAYMENT OF LIABILITIES UNDER SUCH
INSURANCE AND ANY TOTAL DISABILITY PROVISIONS ADDED THERETO, INCLUDING
PAYMENTS OF DIVIDENDS AND REFUNDS OF UNEARNED PREMIUNS".
(4) SUBSECTIONS (D) AND (E) ARE HEREBY REPEALED.
(B) THE ANALYSIS OF CHAPTER 19 OF TITLE 38, UNITED STATES CODE, IS
AMENDED BY DELETING "723. VETERANS' SPECIAL TERM INSURANCE." AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "723. VETERANS' SPECIAL LIFE
INSURANCE.".
SEC. 3. CLAUSE (5) OF SECTION 765 OF TITLE 38, UNITED STATES CODE,
//84 STAT. 326; 86 STAT. 227.// IS AMENDED TO READ AS FOLLOWS:
"(5) THE TERM 'MEMBER' MEANS--,
"(A) A PERSON ON ACTIVE DUTY, ACTIVE DUTY FOR TRAINING, OR
INACTIVE DUTY TRAINING IN THE UNIFORMED SERVICES IN A
COMMISSIONED, WARRANT, OR ENLISTED RANK, OR GRADE, OR AS A CADET
OR MIDSHIPMAN OF THE UNITED STATES MILITARY ACADEMY, UNITED STATES
NAVAL ACADEMY, UNITED STATES AIR FORCE ACADEMY, OR THE UNITED
STATES COAST GUARD ACADEMY;
"(B) A PERSON WHO VOLUNTEERS FOR ASSIGNMENT TO THE READY
RESERVE OF A UNIFORMED SERVICE AND IS ASSIGNED TO A UNIT OR
POSITION IN WHICH HE MAY BE REQUIRED TO PERFORM ACTIVE DUTY, OR
ACTIVE DUTY FOR TRAINING, AND EACH YEAR WILL BE SCHEDULED TO
PERFORM AT LEAST TWELVE PERIODS OF INACTIVE DUTY TRAINING THAT IS
CREDITABLE FOR RETIREMENT PURPOSES UNDER CHAPTER 67 OF TITLE 10;
//70A STAT. 102, 10 USC 1331.//
"(C) A PERSON ASSIGNED TO, OR WHO UPON APPLICATION WOULD BE
ELIGIBLE FOR ASSIGNMENT TO,THE RETIRED REXSERVE OF A UNIFORMED
SERVICE WHO HAS NOT RECEIVED THE FIRST INCREMENT OF RETIREMENT PAY
OR HAS NOT YET REACHED SIXTY-ONE YEARS OF AGE AND HAS COMPLETED AT
LEAST TWENTY YEARS OF SATISFACTORY SERVICE CREDITABLE FOR
RETIREMENT PURPOSES UNDER CHAPTER 67 OF TITLE 10; //70A STAT.
102, 10NUSC 1331.// AND
"(D) A MEMBER, CADET, OR MIDSHIPMAN OF THE RESERVE OFFICERS
TRAINING CORPS WHILE ATTENDING FIELD TRAINING OR PRACTICE
CRUISES."
SEC. 4. SECITON 767 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS: //84 STAT. 327.//
(1) SUBSECTION (A) IS AMENDED TO READ AS FOLLOWS:
"(A) ANY POLICY OF INSURANCE PURCHASED BY THE ADMINISTRATOR UNDER
SECTION 766 OF THIS TITLE //79 STAT. 880.// SHALL AUTOMATICALLY ISURE
AGAINST DEATH--,
"(1) ANY MEMBER OF A UNIFORMED SERVICE ON ACTIVE DUTY, ACTIVE
DUTY FOR TRAINING, OR INACTIVE DUTY TRAINING SCHEDULED IN ADVANCE
BY COMPETENT AUTHORITY;
"(2) ANY MEMBER OF THE READY RESERVE OF A UNIFORMED SERVICE WHO
MEETS THE QUALIFICATIONS SET FORTH IN SECTION 765(5) (B) OF THIS
TITLE; //ANTE, P. 165.// AND
"(3) ANY MEMBER ASSIGNED TO, OR WHO UPON APPLICATION WOUDL BE
ELIGIBLE FOR ASSIGNMENT TO, THE RETIRED RESERVE OF A UNIFORMED
SERVICE WHO MEETS THE QUALIFICATIONS SET FORTH INSECTION 765(5)
(C) OF THIS TITLE;
IN THE AMOUNT OF $20,000 UNLESS SUCH MEMBER ELECTS IN WRITING (A) NOT TO
BE INSURED UNDER THIS SUBCHAPTER, OR (B) TO BE INSURED IN THE AMOUNT OF
$15,0008 $10,000, OR $5,000. THE INSURANCE SHALL BE EFFECTIVE THE FIRST
DAY OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING, OR THE BEGINNING OF A
PERIOD OF INACTIVE DUTY TRAINING SCHEDULED IN ADVANCE BY COMPETENT
AUTHORITY, OR THE FIRST DAY A MEMBER OF THE READY RESERVE MEETS THE
QUALIFICATIONS SET FORTH IN SECTION 765(5) (B) OF THIS TITLE, OR THE
FIRST DAY A MEMBER OF THE RESERVES, WHETHER OR NOT ASSIGNED TO THE
RETIRED RESERVE OF A UNIFORMED SERVICE, MEETS THE QUALIFICATIONS OF
SECTION 765(5) (C) OF THIS TITLE, OR THE DATE CERTIFIED BY THE
ADMINISTRATOR TO THE SECRETARY CONCERNED AS THE DATE SERVICEMEN'S GROUP
LIFE INSURANCE UNDER THIS SUBCHAPTER FOR THE CLASS OR GROUP CONCERNED
TAKES EFFECT, WHICHEVER IS THE LATER DATE."
(2) SUBSECTION (B) IS AMENDED BY DELETING "NINETY DAYS" WHEREEVER IT
APPEARS THEREIN AND INSERTING IN LIEU THEREOF "ONE HUNDRED AND TWENTY
DAYS".
(3) SUBSECTION (C) IS AMENDED TO READ AS FOLLOWS:
"(C) IF ANY MEMBER ELECTSNOT TO BE INSURED UNDER THIS SUBCHAPTER OR
TO BE INSURED IN THE AMOUNT OF $15,0008 $10,0008 OR $5,000, HE MAY
THEREAFTER BE INSURED UNDER THIS SUBCHAPTER OR INSURED IN THE AMOUNT OF
$20,000, $15,000, OR $10,000 UNDER THIS SUBCHAPTER, AS THE CASE MAY BE,
UPON WRITTEN APPLICATION, PROOF OF GOOD HEALTH, AND COMPLIANCE WITH SUCH
OTHER TERMS AND CONDITIONS AS MAY BE PRESCIRBED BY THE ADMINISTRATOR.
ANY FORMER MEMBER INSURED UNDER VETERANS' GROUP LIFE INSURANCE WHO AGAIN
BECOMES ELIGIBLE FOR SERVICEMEN'S GROUP LIFE INSURANCE AND DECLINES SUCH
COVERAGE SLOELY FOR THE PURPOSE OF MAINTAINING HIS VETERANS' GROUP LIFE
INSURANCE IN EFFECT SHALL UPON TERMINATION OF COVERAGE UNDER VETERANS'
GROUP LIFE INSURANCE BY AUTOMATICALLY INSURED UNDER SERVICEMEN'S GROUP
LIFE INSURANCE, IF OTHERWISE ELIGIBLE THEREFOR."
SEC. 5. (A) SECTION 768 OF TITLE 38, UNITED STATES CODE, IS AMENDED
AS FOLLOWS: //84 STAT. 328.//
(1) SUBSECTION (A) IS AMENDED BY INSERTING "OR WHILE THE MEMBER MEETS
THE QUALIFICATIONS SET FORTH IN SECION 765(5) (B) OR (C) OF THIS TITLE,"
IMMEDIATELY BEOFRE "AND SUCH INSURANCE SHALL CEASE".
(2) CLAUSES (2) AND (3) OF SUBSECTIONS (A) AER EACH AMENDED BY
DELETING "NINETY DAYS" WHEREVER IT APPEARS THEREIN AND INSERTING IN LIEU
THEREOF "ONE HUNDRED AND TWENTY DAYS".
(3) SUBSECTION NA) IS FURTHER AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING: //ANTE, P. 166.//
"(4) WITH RESPECT TO MEMBER OF THE READY RESERVE OF A UNIFORMED
SERVICE WHO MEETS THE QUALIFICATIONS SET FORTH IN SECTION 765(5)
(B) OF THIS TITLE, //ANTE, P. 165.// ONE HUNDRED AND TWENTY DAYS
AFTER SEPARATION OR RELEASE FROM SUCH ASSIGNMENT--,
"(A) UNLESS ON THE DATE OF SUCH SEPARATION OR RELEASE THE
MEMBER IS TOTALLY DISABLED, UNDER CRITERIA ESTABLISHED BY THE
ADMINISTRATOR, IN WHICH EVENT THE INSURANCE SHALL CEASE ONE YEAR
AFTER THE DATE OF SEPARATION OR RELEASE FROM SUCH ASSIGNMENT OR ON
THE DATE THE INSURED CEASES TO BE TOTALLY DISABLED, WHICHEVER IS
THE EARLIER DATE, BUT IN NO EVENT PRIOR TO THE EXPIRATION OF ONE
HUNDRED AND TWENTY DAYS AFTER SEPARATION OR RELEASE FROM SUCH
ASSIGNMENT; OR
"(B) UNLESS ON THE DATE OF SUCH SEPARATION OR RELEASE THE
MEMBER HAS COMPLETED AT LEAST TWENTY YEARS OF SATISFACTORY SERVICE
CREDITABLE FOR RETIREMENT PURPOSES UNDER CHAPTER 67 OF TITLE 10
//70A STAT. 102, 10NUSC 1331.// AND WOULD UPON APPLICATION BE
ELIGIBLE FOR ASSIGNMENT TO OR IS ASSIGNED TO THE RETIRED RESERVE,
IN WHICH EVENT THE INSURANCE, UNLESS CONVERTED TO AN INDIVIDUAL
POLICY UNDER TERMS AND CONDITIONS SET FORTH IN SECTION 777(E) OF
THIS TITLE, //POST, P. 169.// SHALL, UPON TIMELY PAYMENT OF
PREMIUNS UNDER TERMS PRESCRIBED BY THE ADMINISTRATOR DIRECTLY TO
THE ADMINISTRATIVE OFFICE ESTABLISHED UNDER SECTION 766(B) OF THIS
TITLE, //79 STAT. 880.// CONTINUE IN FORCE UNTIL RECEIPT OF THE
FIRST INCREMENT OF RETIREMENT PAY BY THE MEMBER OR THE MEMBER'S
SIXTY/FIRST BIRTHDAY, WHICHEVER OCCURS EARLIER.
"(5) WITH RESPECT TO A MEMBER OF THE RETIRED RESERVE WHO MEETS
THE QUALIFICATIONS OF SECTION 765(5) (C) OF TIS TITLE, AND WHO WAS
ASSIGNED TO THE RETIRED RESERVE PRIOR TO THE DATE INSURANCE UNDER
THIS AMENDMENT IS PLACED IN EFFECT FOR MEMBERS OF THE RETIRED
RESERVE, AT SUCH TIME AS THE MEMBER RECEIVES THE FIRST INCREMENT
OF RETIREMENT PAY, OR THE MEMBER'S SIXTY-FIRST BIRTHDAY WHICHEVER
OCCURS EARLIER, SUBJECT TO THE TIMELY PAYMENT OF THE INITIAL AND
SUBSEQUENT PREMIUNS, UNDER TERMS PRESCRIBED BY THE ADMINISTRATOR,
DIRECTLY TO THE ADMINISTRATIVE OFFICE ESTABLISHED UNDER SECTION
766(B) OF THIS TITLE."
(4) SUBSECTION (B) IS AMENDED TO READ AS FOLLOWS:
"(B) EACH POLICY PURCHASED UNDER THIS SUBCHAPTER SHALL CONTAIN A
PROVISION, IN TERMS APPROVED BY THE ADMINISTRATOR, THAT, EXCEPT AS
HEREINAFTER PROVIDED, SERVICEMEN'S GROUP LIFE INSURANCE WHICH IS
CONTINUED IN FORCE AFTER EXPIRATION OF THE PERIOD OF DUTY OR TRAVEL
UNDER SECTION 767(B) OR 768(A) OF THIS TITLE, //ANTE, P. 166.//
EFFECTIVE THE DAY AFTER THE DATE SUCH INSURANCE WOULD CEASE, SHALL BE
AUTOMATICALLY CONVERTED TO VETERANS' GROUP LIFE INDURANCE SUBJECT TO (1)
THE TIMELY PAYMENT OF THE INITIAL PREMIUN UNDER TERMS PRESCRIBED BY THE
ADMINISTRATOR, AND (2) THE TERMS AND CONDITIONS SET FORTH IN SECTION 777
OF THIS TITLE. SUCH ATUOMATIC CONVERSION SHALL BE EFFECTIVE ONLY IN THE
CASE OF AN OTHERWISE ELIGIBLE MEMBER OR FORMER MEMBER WHO IS SEPARATED
OR RELEASED FROM A PERIOD OF ACTIVE DUTY OR ACTIVE DUTY FOR TRAINING OR
INACTIVE DUTY TRAINING ON OR AFTER THE DATE ON WHICH THE VETERANS' GROUP
LIFE INSURANCE PROGRAM (PROVIDED FOR UNDER SECTION 777 OF THIS TITLE)
BECOMES EFFECTIVE. SERVICEMEN'S GROUP LIFE INSURANCE CONTINUED IN FORCE
UNDER SECTION 768(A) (4) (B) OR (5) OF THIS TITLE SHALL NOT BE CONVERTED
TO VETERANS' GROUP LIFE INSURANCE. HOWEVER, A MEMBER WHOSE INSURANCE
COULD BE CONTINUED IN FORCE UNDER SECTION 768 (A) (4) (B) OF THIS TITLE,
//ANTE. P. 166.// BUT IS NOT SO CONTINUED, MAY, EFFECTIVE THE DAY AFTER
HIS INSURANCE OTHERWISE WOULD CEASE, CONVERT SUCH INSURANCE TO AN
INDIVIDUAL POLICY UNDER THE TERMS AND CONDITIONS SET FORTH IN SECTION
777(E) OF THIS TITLE." //POST, P. 169.//
(5) SECTION 768(C) IS HEREBY REPEALED. //84 STAT.328, 38 USC
768.//
(B) THE AMENDMENTS MADE BY THIS ACT SHALL NTO BE CONSTRUED TO DEPRIVE
ANY PERSON DISCHARGED OR RELEASED FROM THE UNIFORMED SERVICES OF THE
UNITED STATES PRIOR TO THE DATE ON WHICH THE VETERANS' GROUP LIFE
INSURANCE PROGRAM (PROVIDED FOR UNDER SECTION 777 OF TITLE 3,, UNITED
STATES CODE) BECOMES EFFECTIVE OF THE RIGHT TO CONVERT SERVICEMEN'S
GROUP LIFE INSURANCE TO AN INDIVIDUAL POLICY UNDER THE PROVISIONS OF LAW
IN EFFECT PRIOR TO SUCH EFFECTIVE DATE.
SEC. 6. SECTION 769 OF TITLE 3,, UNITED STATES CODE, IS AMENDED AS
FOLLOWS: //7. STAT. 881; 84 STAT. 329.//
(1) BY DELETING FROM PARAGRAPHS (1) AND (2) OF SUBSECTION (A) "IS
INSURED UNDER A POLICY OF INSURANCE PURCHASED BY THE ADMINISTRATOR,
UNDER SECTION 766 OF THIS TITLE" //76 STAT. 880.// AND INSERTING IN LIEU
THEREOF "IS INSURED UNDER SERVICEMEN'S GROUP LIFE INSURANCE".
(2) BY REDESIGNATING PARAGRAPHS (2) AND (3) OF SUBSECTION (A) AS
PARAGRAPHS (3) AND (4), RESEPCTIVELY, AND BY ADDING BY AFTER PARAGRAPH
(1) A NEW PARAGRAPH (2) AS FOLLOWS:
"(2) DURING ANY MONTH IN WHICH A MEMBER IS ASSIGNED TO THE READY
RESERVE OF A UNIFORMED SERVICE UNDER CONDITIONS WHICH MEET THE
QUALIFICATIONS OF SECTION 765(5) (B) OF THIS TITLE, //ANTE, P. 165.// OR
IS ASSIGNED TO THE RESERVE (OTHER THAN THE RETIRED RESERVE) AND MEETS
THE QUALIFICATIONS OF SECTION 765(5) (C) OF THIS TITLE, AND IS INSURED
UNDER A POLICY OF INSURANCE PURCHASED BY THE ADMINISTRATOR, UNDER
SECTION 766 OF THIS TITLE, THERE SHALL BE CONTRIBUTED FROM THE
APPROPRIATION MADE FOR ACTIVE DUTY PAY OF THE UNIFORMED SERVICE
CONCERNED AN AMOUNT DETERMINED BY THE ADMINISTRATOR (WHICH SHALL BE THE
SAME FOR ALL SUCH MEMBERS) AS THE SHARE OF THE COST ATTRIBUTABLE TO
INSURING SUCH MEMBER UNDER THIS POLICY, LESS ANY COSTS TRACEABLE TO THE
EXTRA HAZARDS OF SUCH DUTY IN THE UNIFORMED SERVICES. ANY AMOUNTS SO
CONTRIBUTED ON BEHALF OF ANY INDIVIDUAL SHALL BE COLLECTED BY THE
SECRETARY CONCERNED FROM SUCH INDIVIDUAL (BY DEDUCTION FROM PAY OR
OTHERWISE) AND SHALL BE CREDITED TO THE APPROPRIATION FROM WHICH SUCH
CONTRIBUTION WAS MADE."
(3) BY DELETING FROM THE SECOND SENTENCE OF PARAGRAPH (4) OF
SUBSECTION (A) "SUBSECTION (1) HEREOF, OR FISCAL YEAR AMOUNT UNDER
SUBSECTION (2) HEREOF" AND INSERTING IN LIEU THEREOF "PARAGRAPH (1) OR
(2) HEREOF, OR FISCAL YEAR AMOUNT UNDER PARAGRAPH (3) HEREOF"; AND BY
DELETING IN SUCH PARAGRAPH (4) "THIS SUBCHAPTER" EACH TIME IT APPEARS
AND "INSURANCE UNDER THIS SUBCHAPTER" AND INSERTING IN LIEU THEREOF
"SERVICEMEN'S GROUP LIFE INSURANCE".
(4) THE FIRST SENTENCE OF SUBSECTION (B) IS AMENDED BY DELETING "SUCH
INSURANCE" AND INSERTING IN LIEU THEREOF "SERVICEMEN'S GROUP LIFE
INSURANCE"; AND THE SECOND SENTENCE OF SUCH SUBSECTION IS AMENDED BY
DELETING "THIS SUBCHAPTER" AND INSERTING IN LIEU THEREOF "SERVICEMEN'S
GROUP LIFE INSURANCE".
(5) SUBSECTION (C) IS AMENDED BY DELETING "ANY SUCH INSURANCE" AND
INSERTING IN LIEU THEREOF "SERVICEMEN'S GROUP LIFE INSURANCE".
(6) THE LAST SENTENCE OF SUBSECTION (D) (1) //84 STAT. 330.// IS
AMENDED TO READ AS FOLLOWS: "ALL PREMIUM PAYMENTS AND EXTRA HAZARD
COSTS ON SERVICEMEN'S GROUP LIFE INSURANCE AND THE ADMINISTRATIVE COST
TO THE VETERANS' ADMINISTRATION OF INSURANCE ISSUED UNDER THIS
SUBCHAPTER SHALL BE PAID FROM THE REVOLVING FUND.".
(7) BY ADDING AT THE END OF SUCH SECTION A NEW SUBSECTION AS FOLLOWS:
//ANTE, P. 168.//
"(E) THE PREMIUNS FOR SERVICEMEN'S GROUP LIFE INSURANCE PLACED IN
EFFECT OR CONTINUED IN FORCE FOR A MEMBER ASSIGNED TO THE RETIRED
RESERVE OF A UNIFORMED SERVICE WHO MEETS THE QUALIFICATIONS OF SECTION
765(5) (C) OF THIS TITLE, //ANTE, P. 165.// SHALL BE ESTABLISHED UNDER
THE CRITERIA SET FORTH IN SECTION 771 (A) AND (C) OF THIS TITLE, //76
STAT. 884, 38 USC 765.// EXCEPT THAT THE ADMINISTRATOR MAY PROVIDE FOR
AVERAGE PREMIUNS FOR SUCH VARIOUS AGE GROUPINGS AS HE MAY DETERMINE TO
BE NECESSARY ACCORDING TO SOUND ACTUARIAL PRINCIPLES, AND SHALL INCLUDE
AN AMOUNT NECESSARY OT COVER THE ADMINISTRATIVE COST OF SUCH INSURANCE
TO THE COMPANY OR COMPANIES ISSUING OR CONTINUING SUCH INSURANCE. SUCH
PREMIUNS SHALL BE PAYABLE BY THE INSUREDS THEREUNDER AS PROVIDED BY THE
ADMINISTRATOR DIRECTLY TO THE ADMINISTRATIVE OFFICE ESTABLISHED FOR SUCH
INSURANCE UNDER 766 (B) OF THIS TITLE. //79 STAT. 880.// THE PROVISIONS
OF SECTIONS 771 (D) AND (E) OF THIS TITLE SHALL BE APPLICABLE TO
SERVICEMEN'S GROUP LIFE INSURANCE CONTINUED IN FORCE OR ISSUED TO A
MEMBER ASSIGNED TO THE RETIRED RESERVE OF A UNIFORMED SERVICE. HOWEVER,
A SEPARATE ACCOUNTING MAY BE REQUIRED BY THE ADMINISTRATOR FOR INSURANCE
ISSUED TO OR CONTINUED IN FORCE ON THE LIVES OF MEMBERS ASSIGNED TO THE
RETIRED RESERVE AND FOR OTHER INSURANCE IN FORCE UNDER THIS SUBCHAPTER.
IN SUCH ACCOUNTING THE ADMINISTRATOR IS AUTHORIZED TO ALLOCATE CLAIMS
AND OTHER COSTS AMONG SUCH PROGRAMS OF INSURANCE ACCORDING TO ACCEPTED
ACTUARIAL PRINCIPLES."
SEC. 7. SECTION 770 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS: //7. STAT. 883; 84 STAT. 330.//
(1) THE FIRST CLAUSE FOLLOWING THE COLON IN SUBSECTION (A) IS AMENDED
TO READ AS FOLLOWS:
"FIRST, TO THE BENFICIARY OR BENEFICIARIES AS THE MEMBER OR FORMER
MEMBER MAY HAVE DESIGNATED BY A WRITING RECEIVED PRIOR TO DEATH (1) IN
THE UNIFORMED SERVICES IF INSURED UNDER SERVICEMEN'S GROUP LIFE
INSURANCE, OR (2) IN THE ADMINISTRATIVE OFFICE ESTABLISHED UNDER SECTION
766(B) OF THIS TITLE IF SEPARATED OR RELEASED FROM SERVICE, OR IF
ASSIGNED TO THE RETIRED RESERV, AND INSURED UNDER SERVICEMEN'S GROUP
LIFE INSURANCE, OR IF INSURED UNDER VETERANS' GROUP LIFE INSURANCE;".
(2) SUBSECTION (E) IS AMENDED BY DELTING THEREFROM THE WORDS "THIS
AMENDATORY ACT" AND INSERTING IN LIEU THEREOF "THE VETERANS' INSURANCE
ACT OF 1974".
(3) SUBSECTIONS (F) AND (G) ARE AMENDED BY ADDING AFTER "SERVICEMEN'S
GROUP LIFE INSURANCE" WHEREVER IT APPEARS THEREIN "OR VETERANS' GROUP
LIFE INSURANCE".
SEC. 8. SECTION 771 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS: //79 STAT. 884.//
(1) SUBSECTION (B) IS AMENDED BY DELETING "THE POLICY OR POLICIES"
AND INSERTING IN LIEU THEREOF "SERVICEMEN'S GROUP LIFE INSURANCE".
(2) THE THIRD SENTENCE OF SUBSECTION (E) IS AMENDED BY DELETING
"SECTION 766" AND INSERTING IN LIEU THEREOF "SECTION 769(D) (1)".
//ANTE, P. 168.//
SEC. 9. (A) SUBCHAPTER III OF CHAPTER 19 OF TITLE 38, UNITED STATES
CODE, //79 STAT. 885; 84 STAT. 326, 38 USC 765.// IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING NEW SECTIONS:
"(A) VETERANS' GROUP LIFE INSURANCE SHALL BE ISSUED IN THE AMOUNT OF
$5,000, $10,000, $15,000, OR $20,000 ONLY. NO PERSON MAY CARRY A
COMBINED AMOUNT OF SERVICEMEN'S GROUP LIFE INSURANCE AND VETERANS' GROUP
LIFE INSURANCE IN EXCESS OF $20,000 AT ANY ONE TIME. ANY PERSON INSURED
UNDER VETERANS' GROUP LIFE INSURANCE WHO AGAIN BECOMES INSURED UNDER
SERVICEMEN'S GROUP LIFE INSURANCE MAY WITHIN SIXTY DAYS AFTER BECOMING
SO INSURED CONVERT ANY OR ALL OF HIS VETERANS' GROUP LIFE INSURANCE TO
AN INDIVIDUAL POLICY OF INSURANCE UNDER SUBSECTION (E) OF THIS SECTION.
HOWEVER, IF SUCH A PERSON DIES WITHIN THE SIXTY-SAY PERIOD AND BEFORE
CONVERTING HIS VETERANS' GROUP LIFE INSURANCE, VETERANS' GROUP LIEF
INSURANCE WILL BE PAYABLE ONLY IF HE IS INSURED FOR LESS THAN $20,000
UNDER SERVICEMEN'S GROUP LIFE INSURANCE, AND THEN ONLY IN AN AMOUNT
WHICH WHEN ADDED TO THE AMOUNT OF SERVICEMEN'S GROUP LIFE INSURANCE
PAYABLE SHALL NOT EXCEED $20,000.
"(B) VETERANS' GROUP LIFE INSURANCE SHALL (1) PROVIDE PROTECTION
AGAINST DEATH; (2) BE ISSUED ON A NONRENEWABLE FIVE-YEAR TERM BASIS;
(3) HAVE NO CASH, LOAN, PAID-UP, OR EXTENDED VALUES; (4) EXCEPT AS
OTHERWISE PROVIDED, LAPSE FOR NONPAYMENT OF PREMIUNS; AND (5) CONTAIN
SUCH OTHER TERMS AND CONDITIONS AS THE ADMINISTRATOR DETERMINES TO BE
REASONABLE AND PRACTICABLE WHICH ARE NOT SEPCIFICALLY PROVIDED FOR IN
THIS SECTION, INCLUDING ANY PROVISIONS OF THIS SUBCHAPTER NOT
SPECIFICALLY MADE INAPPLICABLE BY THE PROVISIONS OF THIS SECTION.
"(C) THE PREMIUMS FOR VETERANS' GROUP LIFE INSURANCE SHALL BE
ESTABLISHED UNDER THE CRITERIA SET FORTH IN SECTIONS 771 (A) AND (C) OF
THIS TITLE, //79 STAT. 884, 38 USC 771.// EXCEPT THAT THE ADMINISTRATOR
MAY PROVIDE FOR AVERAGE PREMIUMS FOR SUCH VARIOUS AGE GROUPINGS AS HE
MAY DECIDE TO BE NECESSARY ACCORDING TO SURND ACTUARIAL PRINCIPLES, AND
SHALL INCLUDE AN AMOUNT NECESSARY TO COVER THE ADMINISTRATIVE COST OF
SUCH INSURANCE TO THE COMPANY OR COMPANIES ISSUING SUCH INSURANCE. SUCH
PREMIUMS SHALL BE PAYABLE BY THE INSUREDS THEREUNDER AS PROVIDED BY THE
ADMINISTRATOR DIRECTLY TO THE ADMINISTRATIVE OFFICE ESTABLISHED FOR SUCH
INSURANCE UNDER SECTION 766(B) OF THIS TITLE. //76 STAT. 880.// IN ANY
CASE IN WHICH A MEMBER OR FORMER MEMBER WHO WAS MEMTALLY INCOMPETENT ON
THE DATE HE FIRST BECAME INSURED UNDER VETERANS' GROUP LIFE INSURANCE
DIES WITHIN ONE YEAR OF SUCH DATE, SUCH INSURANCE SHALL BE DEEMED NOT TO
HAVE LAPSED FOR NONPAYMENT OF PREMIUMS AND TO HAVE BEEN IN FORCE ON THE
DATE OF DEATH. WHERE INSURANCE IS IN FORCE UNDER THE PRECEDING
SENTENCE, ANY UNPAID PREMIUMS MAY BE DEDUCTED FROM THE PROCEEDS OF THE
INSURANCE. ANY PERSON WHO CLAIMS ELIGIBILITY FOR VETERANS' GROUP LIFE
INSURANCE BASED ON DISABILITY INCURRED DURING A PERIOD OF DUTY SHALL BE
REQUIRED TO SUBMIT EVIDENCE OF QUALIFYING HEALTH CONDITIONS AND, IF
REQUIRED, TO SUBMIT TO PHYSICAL EXAMINATIONS AT THEIR OWN EXPENSE.
"(D) ANY AMOUNT OF VETERANS' GROUP LIFE INSURANCE IN FORCE ON ANY
PERSON ON THE DATE OF HIS DEATH SHALL BE PAID, UPON THE ESTABLISHMENT OF
A VALID CLAIM THEREFOR, PURSUANT TO THE PROVISIONS OF SECTION 770 OF
THIS TITLE. //ANTE, P. 169// HOWEVER, ANY DESIGNATION OF BENEFICIARY OR
BENEFICARIES FOR SERVICEMEN'S GROUP LIFE INSURANCE FILED WITH A
UNIFORMED SERVICE UNTIL CHANGED, SHALL BE CONSIDERED A DESIGNATION OF
BENEFICIARY OR BENEFICIARIES FOR VETERANS' GROUP LIFE INSURANCE, BUT NOT
FOR MORE THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THE INSURED'S
VETERANS' GROUP INSURANCE, UNLESS AT THE END OF SUCH SIXTY-DAY PERIOD,
THE INSURED IS INCOMPETENT IN WHICH EVENT SUCH DESIGNATION MAY CONTINUE
IN FORCE UNTIL THE DISABILITY IS REVOCED BUT NOT FOR MORE THAN FIVE
AFTER THE EFFECTIVE DATE OF THE INSURED'S VETERANS' GROUP LIFE
INSURANCE. EXCEPT AS INDICATED ABOVCE IN INCOMPETENT CASES, AFTER SUCH
SIXTY-DAY PERIOD, ANY DESIGNATION OF BENEFICIARY OR BENEFICIARIES FOR
VETERANS' GROUP LIFE INSRUANCE TO BE EFFECTIVE MUST BE BY A WRITING
SIGNED BY THE INSURED AND RECEIVED BY THE ADMINISTRATIVE OFFICE
ESTABLISHED UNDER SECTION 766(B) OF THIS TITLE.
"(E) AN INSURED UNDER VETERANS' GROUP LIFE INSURANCE SHALL HAVE THE
RIGHT TO CONVERT SUCH INSURANCE TO AN INDIVIDUAL POLICY OF LIFE
INSURANCE UPON WRITTEN APPLICATION FOR CONVERSION MADE TO THE
PARTICIPATING COMPANY HE SELECTS AND PAYMENT OF THE REQUIRED PREMIUMS
THE INDIVIDUAL POLICY WILL BE ISSUED WITHOUT MEDICAL EXAMINIATION ON A
PLAN THEN CURRENTLY WRITTEN BY SUCH COMPANY WHICH DOESNOT PROVIDE FOR
THE PAYMENT OF ANY SUM LESS THAN THE FACE VALUE THEREOF OR FOR THE
PAYMENT OF AN ADDITIONAL AMOUNT AS PREMIUMS IN ETHE EVENT THE INSURED
PERFORMS ACTIVE DUTY, ACTIVE DUTY FOR TRAINING, OR INACTIVE DUTY
TRAINING. THE INDIVIDUAL POLICY WILL BE EFFECTIVE THE DAY AFTER THE
INSURED'S VETERANS' GROUP LIFE INSURANCE TERMINATES BY EXPIRATION OF THE
FIVE-YEAR TERM PERIOD, EXCEPT IN A CASE WHERE THE INSURED IS ELIGIBLE TO
CONVERT AT TN EARLIER DATE BY REASON OF AGAIN HAVING BECOME INSURED
UNDER SERVICEMEN'S GROUP LIFE INSURANCE, IN WHICH EVENT THE EFFECTIVE
DATE OF THE INDIVIDUAL POLICY MAY NOT BE LATER THAN THE SIXTY-FIRST DAY
AFTER HE AGAIN BECAME SO INSURED. UPON REQUEST TO THE ADMINISTRATIVE
OFFICE ESTABLISHED UNDER SECTION 766(B) OF THIS TITLE, //79 STAT. 880,
38 USC 766.// AN INSURED UNDER VETERANS' GROUP LIFE INSURANCE SHALL BE
FURNISHED A LIST OF LIFE INSURANCE COMPANIES PARTICIPATING IN THE
PROGRAM ESTABLISHED UNDER THIS SUBCHAPTER. IN ADDITION TO THE LIFE
INSURANCE COMPANIES PARTICIPATING IN THE PROGRAM ESTABLISHED UNDER THIS
SUBCHAPTER, THE LIST FURNISHED TO AN INSURED UNDER THIS SECTION SHALL
INCLUDE ADDITIONAL LIFE INSURANCE COMPANIES (NO SO PARTICIPATING) WHICH
MEET QUALIFYING CRITERIA, TERMS, AND CONDITIONS ESTABLISHED BY THE
ADMINISTRATOR AND AGREE TO SELL INSURANCE TO FORMER MEMBERS IN
ACCORDANCE WITH PROVISIONS OF THIS SECTION.
"(F) THE PROVISIONS OF SECTIONS 771 (D) AND (E) OF THIS TITLE //79
STAT. 884; ANTE, P. 169.// SHALL BE APPLICABLE TO VETERANS' GROUP LIFE
INSURANCE. HOWEVER, A SEPARATE ACCOUNTING SHALL BE REQUIRED FOR EACH
PROGRAM OF INSURANCE AUTHORIZED UNDER THIS SBCHAPTER. IN SUCH
ACCOUNTING, THE ADMINISTRATOR IS AUTHORIZED TO ALLOCATE CLAIMS AND OTHER
COSTS AMONG SUCH PROGRAMS OF INSURANCE ACCORDING TO ACCEPTED ACTUARIAL
PRINCIPLES.
"(G) ANY PERSON WHOSE SERVICEMEN'S GROUP LIFE INSURANCE WAS CONTINUED
IN FORCE AFTER TERMINATION OF DUTY OR DISCHARGE FROM SERVICE UNDER THE
LAW AS IN EFFECT PRIOR TO THE DATE ON WHICH THE VETERANS' GROUP LIFE
INSURANCE PROGRAM (PROVIDED FOR UNDER SECTION 777 OF THIS TITLE) BECAME
EFFECTIVE, AND WHOSE COVERAGE UNDER SERVICEMEN'S GROUP LIFE INSURANCE
TERMINATED LESS THAN FOUR YEARS PRIOR TO SUCH DATE, SHALL BE ELIGIBLE
WITHIN ONE YEAR FROM THE EFFECTIVE DATE OF THE VETERANS' GROUP LIFE
INSURANCE PROGRAM TO APPLY FOR AND BE GRANTED VETERANS' GROUP LIFE
INSURANCE IN AN AMOUNT EQUAL TO THE AMOUNT OF HIS SERVICEMEN'S GROUP
LIFE INSURANCE WHICH WAS NOT CONVERTED TO AN INDIVIDUAL POLICY UNDER
PRIOR LAW. VETERANS' GROUP LIFE INSURANCE ISSUED UNDER THIS SUBSECTION
SHALL BE ISSUED FOR A TERM PERIOD EQUAL TO FIVE YEARS, LESS THE TIME
ELAPSING BETWEEN THE TERMINATION OF THE APPLICANT'S SERVICEMEN'S GROUP
LIFE INSURANCE AND THE EFFECTIVE DATE ON WHICH THE VETERANS' GROUP LIFE
INSURANCE PROGRAM BECAME EFFECTIVE. VETERANS' GROUP LIFE INSURANCE
UNDER THIS SUBSECTION SHALL ONLY BE ISSUED UPON APPLICATION TO THE
ADMINISTRATIVE OFFICE ESTABLISHED UNDER SECTION 766(B) OF THIS TITLE,
PAYMENT OF THE REQUIRED PREMIMUM, AND PROOF OF GOOD HEALTH SATISFACTORY
TO THAT OFFICE, WHICH PROOF SHALL BE SUBMITTED AT THE APPLICANT'S OWN
EXPENSE. ANY PERSON WHO CANNOT MEET THE GOOD HEALTH REQUIREMENTS FOR
INSURANCE UNDER THIS SUBSECTION SOLELY BECAUSE OF A SERVICE-CONNECTED
DISABILITY SHALL HAVE SUCH DISABILITY WAIVED. FOR EACH MONTH FOR WHICH
ANY ELIGIBLE VETERAN, WHOSE SERVICE-CONNECTED DISABILITIES ARE WAIVED,
IS INSURED UNDER THIS SUBSECTION THERE SHALL BE CONTRIBUTED TO THE
INSURER OR INSURERS ISSUING THE POLICY OR POLICIES FROM THE
APPROPRIATION 'COMPENSATION AND PENSIONS, VETERANS' ADMINISTRATION' AN
AMOUNT NECESSARY TO COVER THE COST OF THE INSURANCE IN EXCESS OF THE
PREMIMUMS ESTABLISHED FOR ELIGIBLE VETERANS, INCLUDING THE COST OF THE
EXCESS MORTALITY ATTRIBUTABLE TO SUCH VETERAN'S SERVICE-CONNECTED
DISABILITIES. THE ADMINISTRATOR MAY ESTABLISH, AS HE MAY DETERMINE TO
BE NECESSARY ACCORDING TO SOUND ACTUARIAL PRINCIPLES, A SEPARATE
PREMIUM, AGE GROUPINGS FOR PREMIUM PURPOSES, ACCOUNTING, AND RESERVES,
FOR PERSONS GRANTED INSURANCE UNDER THIS SUBSECTION DIFFERENT FROM THOSE
ESTABLISHED FOR OTHER PERSONS GRANTED INSURANCE UNDER THIS SECTION.
APPROPRIATIONS TO CARRY OUT THE PURPOSE OF THIS SECTION ARE HEREBY
AUTHORIZED.
"REINSTATEMENT OF INSURANCE COVERAGE GRANTED UNDER THIS SUBCHAPTER
BUT LAPSED FOR NONPAYMENT OF PREMIUMS SHALL BE UNDER TERMS AND
CONDITIONS PRESCRIBED BY THE ADMINISTRATOR.
"SUBJECT TO THE PROVISION OF SECTION 773 OF THIS TITLE, //79 STAT.
885, 38 USC 773.// INSURANCE COVERAGE GRANTED UNDER THIS SUBCHAPTER
SHALL BE INCONTESTABLE FROM THE DATE OF ISSUE, REINSTATEMENT, OR
CONVERSION EXCEPT FOR FRAUD OR NONPAYMENT OF PREMIUM."
(B) THE ANALYSIS OF SUBCHAPTER III OF CHAPTER 19 OF TITLE 38, UNITED
STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
"777. VETERANS' GROUP LIFE INSURANCE. "778. REINSTATMENT. "779.
INCONTESTABILITY.".
SEC. 10. CHAPTER 19 OF TITLE 38, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) BY STRIKING OUT "ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION"
WHEREVER IT APPEARS IN SECTION 765 AND INSERTING IN LIEU THEREOF
"NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION". //84 STAT. 326; 86
STAT. 227.//
(2) BY STRIKING OUT "GENERAL OPERATING EXPENSES, VETERANS'
ADMINISTRATION" IN CLAUSE 3 OF SUBSECTION (D) OF SECTION 769 AND
INSERTING IN LIEU THEREOF "GENERAL OPERATING EXPENSES, VETERANS'
ADMINISTRATION".
(3) BY STRIKING OUT "BUREAU OF THE BUDGET" IN SECTION 774 AND
INSERTING IN LIEU THEREOF "OFFICE OF MANAGEMENT AND BUDGET". //76 STAT.
885.//
SEC. 11. (A) CHAPTER 13 OF TITLE 37, UNITED STATES CODE //76 STAT.
484, 37 USC 701.// IS AMENDED BY ADDING TO THE END THEREOF A NEW SECTION
AS FOLLOWS:
"(A) THE SECRETARY OF THE ARMY OR THE SECRETARY OF THE AIR FORCE, AS
THE CASE MAY BE, MAY ALLOW A MEMBER OF THE NATIONAL GUARD WHO IS NOT ON
ACTIVE DUTY TO MAKE ALLOTMENTS FROM HIS PAY UNDER SECTIONS 204 AND 206
OF THIS TITLE //76 STAT. 457.// FOR THE PAYMENT OF PREMIUMS UNDER A
GROUP LIFE INSURANCE PROGRAM SPONSORED BY THE MILITARY DEPARTMENT OF THE
STATE IN WHICH SUCH MEMBER HOLDS HIS NATIONAL GUARD MEMBERSHIP OR BY THE
NATIONAL GUARD ASSOCIATION OF SUCH STATE IF THE STATE OR ASSOCIATION
CONCERNED HAS AGREED IN WRITING TO REIMBURSE THE UNITED STATES FOR ALL
COSTS INCURRED BY THE UNITED STATES IN PROVIDING FOR SUCH ALLOTMENTS.
THE AMOUNT OF SUCH COSTS AND PROCEUDRES FOR REIMBURSEMENTS SHALL BE
DETERMINED BY THE SECRETARY OF DEFENSE AND HIS DETERMINATION SHALL BE
CONCLUSIVE. ALL AMOUNTS OF REIMBURSEMENTS FOR SUCH COSTS RECEIVED BY
THE UNITED STATES FROM A STATE OR AN ASSOCIATION SHALL BE CREDITED TO
THE APPROPRIATIONS OR FUNDS AGAINST WHICH CHARGES HAVE BEEN MADE FOR
SUCH COSTS."
(B) THE UNITED STATES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES
SUFFERED BY ANY PERSON AS THE RESULT OF ANY ERROR MADE BY ANY OFFICER OR
EMPLOYEE OF THE UNITED STATES IN ADMINISTERING THE ALLOTMENT PROGRAM
AUTHORIZED UNDER SUBSECTION (A). //37 USC 707 NOTE.//
(C) THE TABLE OF SECTIONS AT THE BEGINNING OF CHAPTER 13 OF SUCH
TITLE IS AMENDED BY ADDING AT THE END THEREOF A NEW ITEM AS FOLLOWS:
"707. ALLOTMENTS: MEMBERS OF THE NATIONAL GUARD.".
SEC. 12. THIS ACT SHALL BECOME EFFECITVE AS FOLLOWS:
(1) THE AMENDMENTS MADE BY SECTION 2, RELATING TO VETERANS' SPECIAL
LIFE INSURANCE, SHALL BECOME EFFETIVE UPON THE DAT E OF ENACTMENT OF
THIS ACT EXCEPT THAT NO DIVIDEND ON SUCH INSURANCE SHALL BE PAID PRIOR
TO JANURAY 1, 1974. //38 USC 723 NOTE.//
(2) THE AMENDMENTS RELATING TO SERVICEMEN'S GROUP LIFE INSURANCE
COVERAGE ON A FULL-TIME BASIS FOR CERTAIN MEMBERS OF THE RESERVES AND
NATIONAL GUARD SHALL BECOME EFFECTIVE UPON THE DATE OF ENACTMENT OF THIS
ACT. //38 USC 765 NOTE.//
(3) THE AMENDMENTS INCREASING THE MAXIMUM AMOUNT OF SERVICEMEN'S
GROUP LIFE INSURANCE SHALL BECOME EFFECTIVE UPON THE DATE OF ENACTMENT
OF THIS ACT. //38 USC 767 NOTE.//
(4) THE AMENDMENTS MADE BY SECTIONS 5(A) (4) AND (5) OF THIS ACT,
//38 USC 768 NOTE.// AND THOSE ENACTING A VETERANS' GROUP LIFE INSURANCE
PROGRAM SHALL BECOME EFFECTIVE ON THE FIRST DAY OF THE THIRD CALENDAR
MONTH FOLLOWING THE MONTH IN WHICH THIS ACT IS ENACTED. //ANTE, P.
166.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 132 (COMM. ON VETERANS' AFFAIRS).
SENATE REPORTS: NO. 93 - 723 ACCOMPANYING S. 1835 (COMM. ON
VETERANS' AFFAIRS) AND NO. 93 - 769 ACCOMPANYING S. 383 (COMM. ON ARMED
SERVICES).
CONGRESSIONAL RECORD:
VOL. 119 (1973): MAY 7, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): APR. 8, CONSIDERED AND PASSED SENATE,
AMENDED,
IN LIEU OF S. 1835 AND S. 383.
MAY 9, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-288, 88 STAT 143, DISASTER RELIEF ACT OF 1974.
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 "DISASTER RELIEF ACT OF 1974".
FINDINGS AND DECLARATIONS //42 USC 5121 NOTE.//
SEC. 101. (A) THE CONGRESS HEREBY FINDS AND DECLARES THAT--,
(1) BECAUSE DISASTERS OFTEN CAUSE LOSS OF LIFE, HUMAN
SUFFERING, LOSS OF INCOME, AND PROPERTY LOSS AND DAMAGE; AND
(2) BECAUSE DISASTERS OFTEN DISRUPT THE NORMAL FUNCTIONING OF
GOVERNMENTS AND COMMUNITIES, AND ADVERSELY AFFECT INDIVIDUALS AND
FAMILIES WITH GREAT SEVERITY;
SPECIAL MEASURES, DESIGNED TO ASSIST THE EFFORTS OF THE STATES IN
EXPEDITING THE RENDERING OF AID, ASSISTANCE, AND EMERGENCY SERVICES, AND
THE RECONSTRUCTION AND REHABILITATION OF DEVASTATED AREAS, ARE
NECESSARY.
(B) IT IS THE INTENT OF THE CONGRESS, BY THIS ACT, TO PROVIDE AN
ORDERLY AND CONTINUING MEANS OF ASSISTANCE BY THE FEDERAL GOVERNMENT TO
STATE AND LOCAL GOVERNMENTS IN CARRYING OUT THEIR RESPONSIBILITIES TO
ALLEVIATE THE SUFFERING AND DAMAGE WHICH RESULT FROM SUCH DISASTERS
BY--,
(1) REVISING AND BROADENING THE SCOPE OF EXISTING DISASTER
RELIEF PROGRAMS
(2) ENCOURAGING THE DEVELOPMENT OF COMPREHENSIVE DISASTER
PREPAREDNESS AND ASSISTANCE PLANS, PROGRAMS, CAPABILITIES, AND
ORGANIZATIONS BY THE STATES AND BY LOCAL GOVERNMENTS;
(3) ACHIEVING GREATER COORDINATION AND RESPONSIVENESS OF
DISASTER PREPAREDNESS AND RELIEF PROGRAMS;
(4) ENCOURAGING INDIVIDUALS, STATES, AND LOCAL GOVERNMENTS TO
PROTECT THEMSELVES BY OBTAINING INSURANCE COVERAGE TO SUPPLEMENT
OR REPLACE GOVERNMENT ASSISTANCE;
(5) ENCOURAGING HAZARD MITIGATION MEASURES TO REDUCE LOSSES
FROM DISASTERS, INCLUDING DEVELOPMENT OF LAND USE AND CONSTRUCTION
REGULATIONS;
(6) PROVIDING FEDERAL ASSISTANCE PROGRAMS FOR BOTH PUBLIC AND
PRIVATE LOSSES SUSTAINED IN DISASTERS; AND
(7) PROVIDING A LONG-RANGE ECONOMIC RECOVERY PROGRAM FOR MAJOR
DISASTER AREAS.
DEFINITIONS //42 USC 5122.//
SEC. 102. AS USED IN THIS ACT--,
(1) "EMERGENCY" MEANS ANY HURRICANE, TORNADO, STORM, FLOOD, HIGH
WATER, WIND-DRIVEN WATER, TIDAL WAVE, TSUNAMI, EARTHQUAKE, VOLCANIC
ERUPTION, LANDSLIDE, MUDSLIDE, SNOWSTORM, DROUGHT, FIRE, EXPLOSION, OR
OTHER CATASTROPHE IN ANY PART OF THE UNITED STATES WHICH REQUIRES
FEDERAL EMERGENCY ASSISTANCE TO SUPPLEMENT STATE AND LOCAL EFFORTS TO
SAVE LIVES AND PROTECT PROPERTY, PUBLIC HEALTH AND SAFETY OR TO AVERT OR
LESSEN THE THREAT OF A DISASTER.
(2) "MAJOR DISASTER" MEANS ANY HURRICANE, TORNADO, STORM, FLOOD, HIGH
WATER, WIND-DRIVEN WATER, TIDAL WAVE, TSUNAMI, EARTHQUAKE, VOLCANIC
ERUPTION, LANDSLIDE, MUDSLIDE, SNOWSTORM, DROUGHT, FIRE, EXPLOSION, OR
OTHER CATASTROPHE IN ANY PART OF THE UNITED STATES WHICH, IN THE
DETERMINATION OF THE PRESIDENT, CAUSES DAMAGES OF SUFFICIENT SEVERITY
AND MAGNITUDE TO WARRANT MAJOR DISASTER ASSISTANCE UNDER THIS ACT, ABOVE
AND BEYOND EMERGENCY SERVICES BY THE FEDERAL GOVERNMENT, TO SUPPLEMENT
THE EFFORTS AND AVAILABLE RESOURCES OF STATES, LOCAL GOVERNMENTS, AND
DISASTER RELIEF ORGANIZATIONS IN ALLEVIATING THE DAMAGE, LOSS, HARDSHIP,
OR SUFFERING CAUSED THEREBY.
(3) "UNITED STATES" MEANS THE FIFTY STATES, THE DISTRICT OF COLUMBIA,
PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AMERICAN SAMOA, THE CANAL ZONE,
AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS.
(4) "STATE" MEANS ANY STATE OF THE UNITED STATES, THE DISTRICT OF
COLUMBIA, PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AMERICAN SAMOA, THE
CANAL ZONE, OR THE TRUST TERRITORY OF THE PACIFIC ISLANDS.
(5) "GOVERNOR" MEANS THE CHIEF EXECUTIVE OF ANY STATE.
(6) "LOCAL GOVERNMENT" MEANS (A) ANY COUNTY, CITY, VILLAGE, TOWN,
DISTRICT, OR OTHER POLITICAL SUBDIVISION OF ANY STATE, ANY INDIAN TRIBE
OR AUTHORIZED TRIBAL ORGANIZATION, OR ALASKA NATIVE VILLAGE OR
ORGANIZATION, AND (B) INCLUDES ANY RURAL COMMUNITY OR UNINCORPORATED
TOWN OR VILLIAGE OR ANY OTHER PUBLIC ENTITY FOR WHICH AN APPLICATION FOR
ASSISTANCE IS MADE BY A STATE OR POLITICAL SUBDIVISION THEREOF.
(7) "FEDERAL AGENCY" MEANS ANY DEPARTMENT, INDEPENDENT ESTABLISHMENT,
GOVERNMENT CORPORATION, OR OTHER AGENCY OF THE EXECUTIVE BRANCH OF THE
FEDERAL GOVERNMENT, INCLUDING THE UNITED STATES POSTAL SERVICE, BUT
SHALL NOT INCLUDE THE AMERICAN NATIONAL RED CROSS.
FEDERAL AND STATE DISASTER PREPAREDNESS PROGRAMS //42 USC
5131.//
SEC. 201. (A) THE PRESIDENT IS AUTHORIZED TO ESTABLISH A PROGRAM OF
DISASTER PREPAREDNESS THAT UTILIZES SERVICES OF ALL APPROPRIATE AGENCIES
(INCLUDING THE DEFENSE CIVIL PREPAREDNESS AGENCY) AND INCLUDES--,
(1) PREPARATION OF DISASTER PREPAREDNESS PLANS FOR MITIGATION,
WARNING, EMERGENCY OPERATIONS, REHABILITATION, AND RECOVERY;
(2) TRAINING AND EXERCISES;
(3) POSTDISASTER CRITIQUES AND EVALUATIONS;
(4) ANNUAL REVIEW OF PROGRAMS;
(5) COORDINATION OF FEDERAL, STATE, AND LOCAL PREPAREDNESS
PROGRAMS;
(6) APPLICATION OF SCIENCE AND TECHNOLOGY;
(7) RESEARCH.
(B) THE PRESIDENT SHALL PROVIDE TECHNICAL ASSISTANCE TO THE STATES IN
DEVELOPING COMPREHENSIVE PLANS AND PRACTICABLE PROGRAMS FOR PREPARATION
AGAINST DISASTERS, INCLUDING HAZARD REDUCTION, AVOIDANCE, AND
MITIGATION; FOR ASSISTANCE TO INDIVIDUALS, BUSINESSES, AND STATE AND
LOCAL GOVERNMENTS FOLLOWING SUCH DISASTERS; AND FOR RECOVERY OF DAMAGED
OR DESTROYED PUBLIC AND PRIVATE FACILITIES.
(C) UPON APPLICATION BY A STATE, THE PRESIDENT IS AUTHORIZED TO MAKE
GRANTS, NOT TO EXCEED IN THE AGGREGATE TO SUCH STATE $250,000, FOR THE
DEVELOPMENT OF PLANS, PROGRAMS, AND CAPABILITIES FOR DISASTER
PREPAREDNESS AND PREVENTION. SUCH GRANTS SHALL BE APPLIED FOR WITHIN
ONE YEAR FROM THE DATE OF ENACTMENT OF THIS ACT. ANY STATE DESIRING
FINANCIAL ASSISTANCE UNDER THIS SECTION SHALL DESIGNATE OR CREATE AN
AGENCY TO PLAN AND ADMINISTER SUCH A DISASTER PREPAREDNESS PROGRAM, AND
SHALL, THROUGH SUCH AGENCY, SUBMIT A STATE PLAN TO THE PRESIDENT, WHICH
SHALL--,
(1) SET FORTH A COMPREHENSIVE AND DETAILED STATE PROGRAM FOR
PREPARATION AGAINST AND ASSISTANCE FOLLOWING, EMERGENCIES AND
MAJOR DISASTERS, INCLUDING PROVISIONS FOR ASSISTANCE TO
INDIVIDUALS, BUSINESSES, AND LOCAL GOVERNMENTS; AND
(2) INCLUDE PROVISIONS FOR APPOINTMENT AND TRAINING OF
APPROPRIATE STAFFS, FORMULATION OF NECESSARY REGULATIONS AND
PROCEDURES AND CONDUCT OF REQUIRED EXERCISES.
(D) THE PRESIDENT IS AUTHORIZED TO MAKE GRANTS NOT TO EXCEED 50 PER
CENTUM OF THE COST OF IMPROVING, MAINTAINING AND UPDATING STATE DISASTER
ASSISTANCE PLANS, EXCEPT THAT NO SUCH GRANT SHALL EXCEED $25,000 PER
ANNUM TO ANY STATE.
DISASTER WARNINGS //42 USC 5132.//
SEC. 202. (A) THE PRESIDENT SHALL INSURE THAT ALL APPROPRIATE
FEDERAL AGENCIES ARE PREPARED TO ISSUE WARNINGS OF DISASTERS TO STATE
AND LOCAL OFFICIALS.
(B) THE PRESIDENT SHALL DIRECT APPROPRIATE FEDERAL AGENCIES TO
PROVIDE TECHNICAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS TO INSURE
THAT TIMELY AND EFFECTIVE DISASTER WARNING IS PROVIDED.
(C) THE PRESIDENT IS AUTHORIZED TO UTILIZE OF TO MAKE AVAILABLE TO
FEDERAL, STATE, AND LOCAL AGENCIES THE FACILITIES OF THE CIVIL DEFENSE
COMMUNICATIONS SYSTEM ESTABLISHED AND MAINTAINED PURSUANT TO SECTION 201
(C) OF THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED (50 U.S.C.
APP. 2281(C)), //64 STAT. 1248.// OR ANY OTHER FEDERAL COMMUNICATIONS
SYSTEM FOR THE PURPOSE OF PROVIDING WARINING TO GOVERNMENTAL AUTHORITIES
AND THE CIVILIAN POPULATION IN AREAS ENDANGERED BY DISASTERS.
(D) THE PRESIDENT IS AUTHORIZED TO ENTER INTO AGREEMENTS WITH THE
OFFICERS OR AGENTS OF ANY PRIVATE OR COMMERCIAL COMMUNICATIONS SYSTEMS
WHO VOLUNTEER THE USE OF THEIR SYSTEMS ON A REIMBURSABLE OR
NONREIMBURSABLE BASIS FOR THE PURPOSE OF PROVIDING WARNING TO
GOVERNMENTAL AUTHORITIES AND THE CIVILIAN POPULATION ENDANGERED BY
DISASTERS.
PROCEDURES //42 USC 5141.//
SEC. 301. (A) ALL REQUESTS FOR A DETERMINATION BY THE PRESIDENT THAT
AN EMERGENCY EXISTS SHALL BE MADE BY THE GOVERNOR OF THE AFFECTED STATE.
SUCH REQUEST SHALL BE BASED UPON THE GOVERNOR'S FINDING THAT THE
SITUATION IS OF SUCH SEVERITY AND MAGNITUDE THAT EFFECTIVE RESPONSE IS
BEYOND THE CAPABILITIES OF THE STATE AND THE AFFECTED LOCAL GOVERNMENTS
AND THAT FEDERAL ASSISTANCE IS NECESSARY. THE GOVERNOR'S REQUEST WILL
FURNISH INFORMATION DESCRIBING STATE AND LOCAL EFFORTS AND RESOURCES
WHICH HAVE BEEN OR WILL BE USED TO ALLEVIATE THE EMERGENCY, AND WILL
DEFINE THE TYPE AND EXTENT OF FEDERAL AID REQUIRED. BASED UPON SUCH
GOVERNOR'S REQUEST, THE PRESIDENT MAY DETERMINE THAT AN EMERGENCY EXISTS
WHICH WARRANTS FEDERAL ASSISTANCE.
(B) ALL REQUESTS FOR A DECLARATION BY THE PRESIDENT THAT A MAJOR
DISASTER EXISTS SHALL BE MADE BY THE GOVERNOR OF THE AFFECTED STATE.
SUCH GOVERNOR'S REQUEST SHALL BE BASED UPON A FINDING THAT THE DISASTER
IS OF SUCH SEVERITY AND MAGNITUDE THAT EFFECTIVE RESPONSE IS BEYOND THE
CAPABILITIES OF THE STATE AND THE AFFECTED LOCAL GOVERNMENTS AND THAT
FEDERAL ASSISTANCE IS NECESSARY. AS A PART OF THIS REQUEST, AND AS A
PREREQUISITE TO MAJOR DISASTER ASSISTANCE UNDER THE ACT, THE GOVERNOR
SHALL TAKE APPROPRIATE ACTION UNDER STATE LAW AND DIRECT EXECUTION OF
THE STATE'S EMERGENCY PLAN. HE SHALL FURNISH INFORMATION ON THE EXTENT
AND NATURE OF STATE RESOURCES WHICH HAVE BEEN OR WILL BE USED TO
ALLEVIATE THE CONDITIONS OF THE DISASTER, AND SHALL CERTIFY THAT FOR THE
CURRENT DISASTER, STATE AND LOCAL GOVERNMENT OBLIGATIONS AND
EXPENDITURES (OF WHICH STATE COMMITMENTS MUST BE A SIGNIFICANT
PROPORTION) WILL CONSTITUTE THE EXPENDITURE OF A REASONABLE AMOUNT OF
THE FUNDS OF SUCH STATE AND LOCAL GOVERNMENTS FOR ALLEVIATING THE
DAMAGE, LOSS, HARDSHIP, OR SUFFERING RESULTING FROM SUCH DISASTER.
BASED UPON SUCH GOVERNOR'S REQUEST, THE PRESIDENT MAY DECLARE THAT A
MAJOR DISASTER EXISTS, OR THAT AN EMERGENCY EXISTS.
FEDERAL ASSISTANCE //42 USC 5142.//
SEC. 302. (A) IN THE INTEREST OF PROVIDING MAXIMUM MOBILIZATION OF
FEDERAL ASSISTANCE UNDER THIS ACT, THE PRESIDENT SHALL COORDINATE, IN
SUCH MANNER AS HE MAY DETERMINE, THE ACTIVITIES OF ALL FEDERAL AGENCIES
PROVIDING DISASTER ASSISTANCE. THE PRESIDENT MAY DIRECT ANY FEDERAL
AGENCY, WITH OR WITHOUT REIMBURSEMENT, TO UTILIZE ITS AVAILABLE
PERSONNEL, EQUIPMENT, SUPPLIES, FACILITIES, AND OTHER RESOURCES
INCLUDING MANAGERIAL AND TECHNICAL SERVICES IN SUPPORT OF STATE AND
LOCAL DISASTER ASSISTANCE EFFORTS. THE PRESIDENT MAY PRESCRIBE SUCH
RULES AND REGULATIONS AS MAY BE NECESSARY AND PROPER TO CARRY OUT ANY OF
THE PROVISIONS OF THIS ACT, AND HE MAY EXERCISE ANY POWER OR AUTHORITY
CONFERRED ON HIM BY ANY SECTION OF THIS ACT EITHER DIRECTLY OR THROUGH
SUCH FEDERAL AGENCY AS HE MAY DESIGNATE.
(B) ANY FEDERAL AGENCY CHARGED WITH THE ADMINISTRATION OF A FEDERAL
ASSISTANCE PROGRAM IS AUTHORIZED, IF SO REQUESTED BY THE APPLICANT STATE
OR LOCAL AUTHORITIES, TO MODIFY OR WAIVE, FOR A MAJOR DISASTER, SUCH
ADMINISTRATIVE CONDITIONS FOR ASSISTANCE AS WOULD OTHERWISE PREVENT THE
GIVING OF ASSISTANCE UNDER SUCH PROGRAMS IF THE INABILITY TO MEET SUCH
CONDITIONS IS A RESULT OF THE MAJOR DISASTER.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY REPAIR,
RESTORATION, RECONSTRUCTION, OR REPLACEMENT OF FARM FENCING DAMAGED OR
DESTROYED AS A RESULT OF ANY MAJOR DISASTER SHALL BE CONSIDERED AN
EMERGENCY CONSERVATION MEASURE ELIGIBLE FOR PAYMENTS UNDER CHAPTER I OF
THE THIR SUPPLEMENTAL APPROPRIATION ACT, 1957, OR ANY OTHER PROVISION OF
LAW. //71 STAT. 176.//
COORDINATING OFFICERS //42 USC 5143.//
SEC. 303. (A) IMMEDIATELY UPON HIS DELARATION OF A MAJOR DISASTER,
THE PRESIDENT SHALL APPOINT A FEDERAL COORDINATING OFFICER TO OPERATE IN
THE AFFECTED AREA.
(B) IN ORDER TO EFFECTUATE THE PURPOSES OF THIS ACT, THE FEDERAL
COORDINATING OFFICER, WITHIN THE AFFECTED AREA, SHALL--,
(1) MAKE AN INITIAL APPRAISAL OF THE TYPES OF RELIEF MOST
URGENTLY NEEDED;
(2) ESTABLISH SUCH FIELD OFFICES AS HE DEEMS NECESSARY AND AS
ARE AUTHORIZED BY THE PRESIDENT;
(3) COODINATE THE ADMINISTRATION OF RELIEF, INCLUDING
ACTIVITIES OF THE STATE AND LOCAL GOVERNMENTS, THE AMERICAN
NATIONAL RED CROSS, THE SALVATION ARMY, THE MENNONITE DISASTER
SERVICE, AND OTHER RELIEF OR DISASTER ASSISTANCE ORGANIZATIONS,
WHICH AGREE TO OPERATE UNDER HIS ADVICE OR DIRECTION, EXCEPT THAT
NOTHING CONTAINED IN THIS ACT SHALL LIMIT OR IN ANY WAY AFFECT THE
RESPONSIBILITIES OF THE AMERICAN NATIONAL RED CROSS UNDER THE ACT
OF JANUARY 5, 1905, AS AMENDED (33 STAT. 599) //61 STAT. 80; 67
STAT. 179. 36 USC 1.//; AND
(4) TAKE SUCH OTHER ACTION, CONSISTENT WITH AUTHORITY DELEGATED
TO HIM BY THE PRESIDENT, AND CONSISTENT WITH THE PROVISIONS OF
THIS ACT, AS HE MAY DEEM NECESSARY TO ASSIST LOCAL CITIZENS AND
PUBLIC OFFICIALS IN PROMPTLY OBTAINING ASSISTANCE TO WHICH THEY
ARE ENTITLED.
(C) WHEN THE PRESIDENT DETERMINES ASSISTANCE UNDER THIS ACT IS
NECESSARY, HE SHALL REQUEST THAT THE GOVERNOR OF THE AFFECTED STATE
DESIGNATE A STATE COORDINATING OFFICER FOR THE PURPOSE OF COORDINATING
STATE AND LOCAL DISASTER ASSISTANCE EFFORTS WITH THOSE OF THE FEDERAL
GOVERNMENT.
EMERGENCY SUPPORT TEAMS //42 USC 5144.//
SEC. 304. THE PRESIDENT SHALL FORM EMERGENCY SUPPORT TEAMS OF
FEDERAL PERSONNEL TO BE DEPLOYED IN AN AREA AFFECTED BY A MAJOR DISASTER
OR EMERGENCY. SUCH EMERGENCY SUPPORT TEAMS SHALL ASSIST THE FEDERAL
COORDINATING OFFICER IN CARRYING OUT HIS RESPONSIBILITIES PURSUANT TO
THIS ACT. UPON REQUEST OF THE PRESIDENT, THE HEAD OF ANY FEDERAL AGENCY
IS DIRECTED TO DETAIL TO TEMPORARY DUTY WITH THE EMERGENCY SUPPORT TEAMS
ON EITHER A REIMBURSABLE OR NONREIMBURSABLE BASIS, AS IS DETERMINED
NECESSARY BY THE PRESIDENT, SUCH PERSONNEL WITHIN THE ADMINISTRATIVE
JURISDICTION OF THE HEAD OF THE FEDERAL AGENCY AS THE PRESIDENT MAY NEED
OR BELIEVE TO BE USEFUL FOR CARRYING OUT THE FUNCTIONS OF THE EMERGENCY
SUPPORT TEAMS, EACH SUCH DETAIL TO BE WITHOUT LOSS OF SENIORITY, PAY, OR
OTHER EMPLOYEE STATUS.
EMERGENCY ASSISTANCE //42 USC 5145.//
SEC. 305. (A) IN ANY EMERGENCY, THE PRESIDENT MAY PROVIDE ASSISTANCE
TO SAVE LIVES AND PROTECT PROPERTY AND PUBLIC HEALTH AND SAFETY.
(B) THE PRESIDENT MAY PROVIDE SUCH EMERGENCY ASSISTANCE BY DIRECTING
FEDERAL AGENCIES TO PROVIDE TECHNICAL ASSISTANCE AND ADVISORY PERSONNEL
TO THE AFFECTED STATE TO ASSIST THE STATE AND LOCAL GOVERNMENTS IN--,
(1) THE PERFORMANCE OF ESSENTIAL COMMUNITY SERVICES; WARNING
OF FURTHER RISKS AND HAZARDS; PUBLIC INFORMATION AND ASSISTANCE
IN HEALTH AND SAFETY MEASURES; TECHNICAL ADVICE ON MANAGEMENT AND
CONTROL; AND REDUCTION OF IMMEDIATE THREATS TO PUBLIC HEALTH AND
SAFETY; AND
(2) THE DISTRIBUTION OF MEDICINE, FOOD AND OTHER CONSUMABLE
SUPPLIES, OR EMERGENCY ASSISTANCE.
(C) IN ADDITION, IN ANY EMERGENCY, THE PRESIDENT IS AUTHORIZED TO
PROVIDE SUCH OTHER ASSISTANCE UNDER THIS ACT AS THE PRESIDENT DEEMS
APPROPRIATE.
COOPERATION OF FEDERAL AGENCIES IN RENDERING DISASTER
ASSISTANCE //42 USC 5146.//
SEC. 306. (A) IN ANY MAJOR DISASTER OR EMERGENCY, FEDERAL AGENCIES
ARE HEREBY AUTHORIZED, ON THE DIRECTION OF THE PRESIDENT, TO PROVIDE
ASSISTANCE BY--,
(1) UTILIZING OR LENDING, WITH OR WITHOUT COMPENSATION
THEREFOR, TO STATES AND LOCAL GOVERNMENTS, THEIR EQUIPMENT,
SUPPLIES, FACILITIES, PERSONNEL, AND OTHER RESOURCES, OTHER THAN
THE EXTENSION OF CREDIT UNDER THE AUTHORITY OF ANY ACT;
(2) DISTRIBUTING OR RENDERING, THROUGH THE AMERICAN NATIONAL
RED CROSS, THE SALVATION ARMY, THE MENNONITE DISASTER SERVICE, AND
OTHER RELIEF AND DISASTER ASSISTANCE ORGANIZATIONS, OR OTHERWISE,
MEDICINE, FOOD AND OTHER CONSUMABLE SUPPLIES, OR EMERGENCY
ASSISTANCE;
(3) DONATING OR LENDING EQUIPMENT AND SUPPLIES, INCLUDING THAT
DETERMINED IN ACCORDANCE WITH APPLICABLE LAWS TO BE SURPLUS TO THE
NEEDS AND RESPONSIBILITIES OF THE FEDERAL GOVERNMENT, TO STATE AND
LOCAL GOVERNMENTS FOR USE OR DISTRIBUTION BY THEM FOR THE PURPOSES
OF THIS ACT; AND
(4) PERFORMING ON PUBLIC OR PRIVATE LANDS OR WATERS ANY
EMERGENCY WORK OR SERVICES ESSENTIAL TO SAVE LIVES AND TO PROTECT
AND PRESERVE PROPERTY, PUBLIC HEALTH AND SAFETY, INCLUDING BUT NOT
LIMITED TO: SEARCH AND RESCUE, EMERGENCY MEDICAL CARE, EMERGENCY
MASS CARE, EMERGENCY SHELTHER, AND PROVISIONS OF FOOD, WATER,
MEDICINE, AND OTHER ESSENTIAL NEEDS, INCLUDING MOVEMENT OF
SUPPLIES OR PERSONS; CLEARANCE OF ROADS AND CONSTRUCTION OF
TEMPORARY BRIDGES NECESSARY TO THE PERFORMANCE OF EMERGENCY TASKS
AND ESSENTIAL COMMUNITY SERVICES; PROVISION OF TEMPORARY
FACILITIES FOR SCHOOLS AND OTHER ESSENTIAL COMMUNITY SERVICES;
DEMOLITION OF UNSAFE STRUCTURES THAT ENDANGER THE PUBLIC; WARNING
OF FURTHER RISKS AND HAZARDS; PUBLIC INFORMATION AND ASSISTANCE
ON HEALTH AND SAFETY MEASURES; TECHNICAL ADVICE TO STATE AND
LOCAL GOVERNMENTS ON DISASTER MANAGEMENT AND CONTROL; REDUCTION
OF IMMEDIATE THREATS TO LIFE, PROPERTY, AND PUBLIC HEALTH AND
SAFETY; AND MAKING CONTRIBUTIONS TO STATE OR LOCAL GOVERNMENTS
FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS PARAGRAPH.
(B) WORK PERFORMED UNDER THIS SECTION SHALL NOT PRECLUDE ADDITIONAL
FEDERAL ASSISTANCE UNDER ANY OTHER SECTION OF THIS ACT.
REIMBURSEMENT //42 USC 5147.//
SEC. 307. FEDERAL AGENCIES MAY BE REIMBURSED FOR EXPENDITURES UNDER
THIS ACT FROM FUNDS APPROPRIATED FOR THE PURPOSES OF THIS ACT. ANY FUNDS
RECEIVED BY FEDERAL AGENCIES AS REIMBURSEMENT FOR SERVICES OR SUPPLIES
FURNISHED UNDER THE AUTHORITY OF THIS ACT SHALL BE DEPOSITED TO THE
CREDIT OF THE APPROPRIATION OR APPROPRIATIONS CURRENTLY AVAILABLE FOR
SUCH SERVICES OR SUPPLIES.
NONLIABILITY //42 USC 5148.//
SEC. 308. THE FEDERAL GOVERNMENT SHALL NOT BE LIABLE FOR ANY CLAIM
BASED UPON THE EXERCISE OR PERFORMANCE OF OR THE FAILURE TO EXERCISE OR
PERFORM A DISCRETIONARY FUNCTION OR DUTY ON THE PART OF A FEDERAL AGENCY
OR AN EMPLOYEE OF THE FEDERAL GOVRNMENT IN CARRYING OUT THE PROVISIONS
OF THIS ACT.
PERFORMANCE OF SERVICES //42 USC 5149.//
SEC. 309. (A) IN CARRYING OUT THE PURPOSES OF THIS ACT, ANY FEDERAL
AGENCY IS AUTHORIZED TO ACCEPT AND UTILIZE THE SERVICES OR FACILITIES OF
ANY STATE OR LOCAL GOVERNMENT, OR OF ANY AGENCY, OFFICE, OR EMPLOYEE
THEREOF, WITH THE CONSENT OF SUCH GOVERNMENT.
(B) IN PERFORMING ANY SERVICES UNDER THIS ACT, ANY FEDERAL AGENCY IS
AUTHORIZED--,
(1) TO APPOINT AND FIX THE COMPENSATION OF SUCH TEMPORARY
PERSONNEL AS MAY BE NECESSARY, WITHOUT REGARD TO THE PROVISIONS OF
TITLE 5, UNITED STATES CODE, GOVERNING APPOINTMENTS IN COMPETITIVE
SERVICE; //5 USC 101 ET SEQ.//
(2) TO EMPLOY EXPERTS AND CONSULTANTS IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 3109 OF SUCH TITLE, //80 STAT. 416.//
WITHOUT REGARD TO THE PROVISIONS OF CHAPTER 51 AND SUBCHAPTER III
OF CHAPTER 53 OF SUCH TITLE RELATING TO CLASSIFICATION AND GENERAL
SCHEDULE PAY RATES, //5 USC 5101, 5331.// AND
(3) TO INCUR OBLIGATIONS ON BEHALF OF THE UNITED STATES BY
CONTRACT OR OTHERWISE FOR THE ACQUISITION, RENTAL, OR HIRE OF
EQUIPMENT, SERVICES, MATERIALS, AND SUPPLIES FOR SHIPPING,
DRAYAGE, TRAVEL, AND COMMUNICATIONS, AND FOR THE SUPERVISION AND
ADMINISTRATION OF SUCH ACTIVITIES. SUCH OBLIGATIONS, INCLUDING
OBLIGATIONS ARISING OUT OF THE TEMPORARY EMPLOYMENT OF ADDITIONAL
PERSONNEL, MAY BE INCURRED BY AN AGENCY IN SUCH AMOUNT AS MAY BE
MADE AVAILABLE TO IT BY THE PRESIDENT.
USE OF LOCAL FIRMS AND INDIVIDUALS //42 USC 5150.//
SEC. 310. IN THE EXPENDITURE OF FEDERAL FUNDS FOR DEBRIS CLEARANCE,
DISTRIBUTION OF SUPPLIES, RECONSTRUCTION, AND OTHER MAJOR DISASTER
ASSISTANCE ACTIVITIES WHICH MAY BE CARRIED OUT BY CONTRACT OR AGREEMENT
WITH PRIVATE ORGANIZATIONS, FIRMS, OR INDIVIDUALS, PREFERENCE SHALL BE
GIVEN, TO THE EXTENT FEASIBLE AND PRACTICABLE, TO THOSE ORGANIZATIONS,
FIRMS, AND INDIVIDUALS RESIDING OR DOING BUSINESS PRIMARILY IN THE AREA
AFFECTED BY SUCH MAJOR DISASTER.
NONDISCRIMINATION IN DISASTER ASSISTANCE //42 USC 5151.//
SEC. 311. (A) THE PRESIDENT SHALL ISSUE, AND MAY ALTER AND AMEND,
SUCH REGULATIONS AS MAY BE NECESSARY FOR THE GUIDANCE OF PERSONNEL
CARRYING OUT FEDERAL ASSISTANCE FUNCTIONS AT THE SITE OF A MAJOR
DISASTER OR EMERGENCY. SUCH REGULATIONS SHALL INCLUDE PROVISIONS FOR
INSURING THAT THE DISTRIBUTION OF SUPPLIES, THE PROCESSING OF
APPLICATIONS, AND OTHER RELIEF AND ASSISTANCE ACTIVITIES SHALL BE
ACCOMPLISHED IN AN EQUITABLE AND IMPARTIAL MANNER, WITHOUT
DISCRIMINATION ON THE GROUNDS OF RACE, COLOR, RELIGION, NATIONALITY, SEX
AGE, OR ECONOMIC STATUS.
(B) AS A CONDITION OF PARTICIPATION IN THE DISTRIBUTION OF ASSISTANCE
OR SUPPLIES UNDER THIS ACT OR OF RECEIVING ASSISTANCE UNDER SECTION 402
OR 404 OF THIS ACT, GOVERNMENTAL BODIES AND OTHER ORGANIZATIONS SHALL BE
REQUIRED TO COMPLY WITH REGULATIONS RELATING TO NONDISCRIMINATION
PROMULGATED BY THE PRESIDENT, AND SUCH OTHER REGULATIONS APPLICABLE TO
ACTIVITIES WITHIN AN AREA AFFECTED BY A MAJOR DISASTER OR EMERGENCY AS
HE DEEMS NECESSARY FOR THE EFFECTIVE COORDINATION OF RELIEF EFFORTS.
USE AND COORDINATION OF RELIEF ORGANIZATIONS //42 USC 5152.//
SEC. 312. (A) IN PROVIDING RELIEF AND ASSISTANCE UNDER THIS ACT, THE
PRESIDENT MAY UTILIZE, WITH THEIR CONSENT, THE PERSONNEL AND FACILITIES
OF THE AMERICAN NATIONAL RED CROSS, THE SALVATION ARMY, THE MENNONITE
DISASTER SERVICE, AND OTHER RELIEF OR DISASTER ASSISTANCE ORGANIZATIONS,
IN THE DISTRIBUTION OF MEDICINE, FOOD, SUPPLIES, OR OTHER ITEMS, AND IN
THE RESTORATION, REHABILITATION, OR RECONSTRUCTION OF COMMUNITY SERVICES
HOUSING AND ESSENTIAL FACILITIES, WHENEVER THE PRESIDENT FINDS THAT SUCH
UTILIZATION IS NECESSARY.
(B) THE PRESIDENT IS AUTHORIZED TO ENTER INTO AGREEMENTS WITH THE
AMERICAN NATIONAL RED CROSS, THE SALVATION ARMY, THE MENNONITE DISASTER
SERVICE, AND OTHER RELIEF OR DISASTER ASSISTANCE ORGANIZATIONS UNDER
WHICH THE DISASTER RELIEF ACTIVITIES OF SUCH ORGANIZATIONS MAY BE
COORDINATED BY THE FEDERAL COORDINATING OFFICER WHENEVER SUCH
ORGANIZATIONS ARE ENGAGED IN PROVIDING RELIEF DURING AND AFTER A MAJOR
DISASTER OR EMERGENCY. ANY SUCH AGREEMENT SHALL INCLUDE PROVISIONS
ASSURING THAT USE OF FEDERAL FACILITIES, SUPPLIES, AND SERVICES WILL BE
IN COMPLIANCE WITH REGULATIONS PROHIBITING DUPLICATION OF BENEFITS AND
GUARANTEEING NONDISCRIMINATION PROMULGATED BY THE PRESIDENT UNDER THIS
ACT, AND SUCH REGULATION AS THE PRESIDENT MAY REQUIRE.
PRIORITY TO CERTAIN APPLICATIONS FOR PUBLIC FACILITY AND PUBLIC
HOUSING ASSISTANCE //42 USC 5153.//
SEC. 313. (A) IN THE PROCESSING OF APPLICATIONS FOR ASSISTANCE,
PRIORITY AND IMMEDIATE CONSIDERATION SHALL BE GIVEN BY THE HEAD OF THE
APPROPRIATE FEDERAL AGENCY, DURING SUCH PERIOD AS THE PRESIDENT SHALL
PRESCRIBE, TO APPLICATIONS FROM PUBLIC BODIES SITUATED IN AREAS AFFECTED
BY MAJOR DISASTERS, UNDER THE FOLLOWING ACTS:
(1) TITLE II OF THE HOUSING AMENDMENTS OF 1955, //69 STAT.
642, 42 USC 1491.// OR ANY OTHER ACT PROVIDING ASSISTANCE FOR
REPAIR, CONSTRUCTION, OR EXTENSION OF PUBLIC FACILITIES;
(2) THE UNITED STATES HOUSING ACT OF 1937 //63 STAT. 431, 42
USC 1430.// FOR THE PROVISION OF LOW-RENT HOUSING;
(3) SECTION 702 OF THE HOUSING ACT OF 1954 //69 STAT. 641; 78
STAT. 799,// FOR ASSISTANCE IN PUBLIC WORKS PLANNING;
(4) SECTION 702 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF
1965 //79 STAT. 490, 42 USC 3102.// PROVIDING FOR GRANTS FOR
PUBLIC FACILITIES;
(5) SECTION 306 OF THE CONSOLIDATED FARMERS HOME ADMINISTRATION
ACT; //75 STAT. 308; 87 STAT. 240, 7 USC 1926.//
(6) THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965,
AMENDED; //79 STAT. 552, 42 USC 3121 NOTE.//
(7) THE APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965, AS
AMENDED; //79 STAT 5, 40 USC APP. 1.// OR
(8) TITLE II OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS
AMENDED. //86 STAT. 833, 33 USC 1281.//
(B) IN THE OBLIGATION OF DISCRETIONARY FUNDS OR FUNDS WHICH ARE NOT
ALLOCATED AMONG THE STATES OR POLITICAL SUBDIVISIONS OF A STATE, THE
SECRETARY OF HOUSING AND URBAN DEVELOPMENT AND THE SECRETARY OF COMMERCE
SHALL GIVE PRIORITY TO APPLICATIONS FOR PROJECTS IN MAJOR DISASTER AREAS
IN WHICH A RECOVERY PLANNING COUNCIL HAS BEEN DESIGNATED PURSUANT TO
TITLE VIII OF THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965.
//POST, P. 160.//
INSURANCE //4I USC 5154.//
SEC. 314. (A)(1) AN APPLICANT FOR ASSISTANCE UNDER SECTION 402 OR
419 OF THIS ACT OR SECTION 803 OF THE PUBLIC WORKS AND ECONOMIC
DEVELOPMENT ACT OF 1965, //POST, P. 161.// SHALL COMPLY WITH REGULATIONS
PRESCRIBED BY THE PRESIDENT TO ASSURE THAT, WITH RESPECT TO ANY PROPERTY
TO BE REPLACED, RESTORED, REPAIRED, OR CONSTRUCTED WITH SUCH ASSISTANCE,
SUCH TYPES AND EXTENT OF INSURANCE WILL BE OBTAINED AND MAINTAINED AS
MAY BE REASONABLY AVAILABLE, ADEQUATE, AND NECESSARY TO PROTECT AGAINST
FUTURE LOSS TO SUCH PROPERTY.
(2) IN MAKING HIS DETERMINATION WITH RESPECT TO SUCH AVAILABILITY,
ADEQUACY AND NECESSITY, THE PRESIDENT SHALL NOT REQUIRE GREATER TYPES
AND EXTENT OF INSURANCE THAN ARE CERTIFIED TO HIM AS REASONABLE BY THE
APPROPRIATE STATE INSURANCE COMMISSIONER RESPONSIBLE FOR REGULATION OF
SUCH INSURANCE.
(B) NO APPLICANT FOR ASSISTANCE UNDER SECTION 402 OR 419 OF THIS ACT
OR SECTION 803 OF THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965,
SHALL RECEIVE SUCH ASSISTANCE FOR ANY PROPERTY OR PART THEREOF FOR WHICH
HE HAS PREVIOUSLY RECEIVED ASSISTANCE UNDER THIS ACT UNLESS ALL
INSURANCE REQUIRED PURSUANT TO THIS SECTION HAS BEEN OBTAINED AND
MAINTAINED WITH RESPECT TO SUCH PROPERTY.
(C) A STATE MAY ELECT TO ACT AS A SELF-INSURER WITH RESPECT TO ANY OR
ALL OF THE FACILITIES BELONGING TO IT. SUCH AN ELECTION, IF DECLARED IN
WRITING AT THE TIME OF ACCEPTING ASSISTANCE UNDER SECTION 402 OR 419 OF
THIS ACT OR SECTION 803 OF THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT
OF 1965, OR SUBSEQUENTLY, AND ACCOMPANIED BY A PLAN FOR SELF-INSURANCE
WHICH IS SATISFACTORY TO THE PRESIDENT, SHALL BE DEEMED COMPLIANCE WITH
SUBSECTION (A) OF THIS SECTION. NO SUCH SELF-INSURER SHALL RECEIVE
ASSISTANCE UNDER SUCH SECTIONS FOR ANY PROPERTY OR PART THEREOF FOR
WHICH IT HAS PREVIOUSLY RECEIVED ASSISTANCE UNDER THIS ACT, TO THE
EXTENT THAT INSURANCE FOR SUCH PROPERTY OR PART THEREOF WOULD HAVE BEEN
REASONABLY AVAILABLE.
DUPLICATION OF BENEFITS //42 USC 5155.//
SEC. 315. (A) THE PRESIDENT, IN CONSULTATION WITH THE HEAD OF EACH
FEDERAL AGENCY ADMINISTERING ANY PROGRAM PROVIDING FINANCIAL ASSISTANCE
TO PERSONS, BUSINESS CONCERNS, OR OTHER ENTITIES SUFFERING LOSSES AS THE
RESULT OF A MAJOR DISASTER, SHALL ASSURE THAT NO SUCH PERSON, BUSINESS
CONCERN, OR OTHER ENTITY WILL RECEIVE SUCH ASSISTANCE WITH RESPECT TO
ANY PART OF SUCH LOSS AS TO WHICH HE HAS RECEIVED FINANCIAL ASSISTANCE
UNDER ANY OTHER PROGRAM.
(B) THE PRESIDENT SHALL ASSURE THAT NO PERSON, BUSINESS CONCERN, OR
OTHER ENTITY RECEIVES ANY FEDERAL ASSISTANCE FOR ANY PART OF A LOSS
SUFFERED AS THE RESULT OF A MAJOR DISASTER IF SUCH PERSON, CONCERN, OR
ENTITY RECEIVED COMPENSATION FROM INSURANCE OR ANY OTHER SOURCE FOR THAT
PART OF SUCH A LOSS. PARTIAL COMPENSATION FOR A LOSS OR A PART OF A
LOSS RESULTING FROM A MAJOR DISASTER SHALL NOT PRECLUDE ADDITIONAL
FEDERAL ASSISTANCE FOR ANY PART OF SUCH A LOSS NOT COMPENSATED
OTHERWISE.
(C) WHENEVER THE PRESIDENT DETERMINES (1) THAT A PERSON, BUSINESS
CONCERN, OR OTHER ENTITY HAS RECEIVED ASSISTANCE UNDER THIS ACT FOR A
LOSS AND THAT SUCH PERSON, BUSINESS CONCERN OR OTHER ENTITY RECEIVED
ASSISTANCE FOR THE SAME LOSS FROM ANOTHER SOURCE, AND (2) THAT THE
AMOUNT RECEIVED FROM ALL SOURCES EXCEEDED THE AMOUNT OF THE LOSS, HE
SHALL DIRECT SUCH PERSON, BUSINESS CONCERN, OR OTHER ENTITY TO PAY TO
THE TREASURY AN AMOUNT, NOT TO EXCEED THE AMOUNT OF FEDERAL ASSISTANCE
RECEIVED, SUFFICIENT TO REIMBURSE THE FEDERAL GOVERNMENT FOR THAT PART
OF THE ASSISTANCE WHICH HE DEEMS EXCESSIVE.
REVIEWS AND REPORTS //42 USC 5156.//
SEC. 316. THE PRESIDENT SHALL CONDUCT ANNUAL REVIEWS OF THE
ACTIVITIES OF FEDERAL AGENCIES AND STATE AND LOCAL GOVERNMENTS PROVIDING
DISASTER PREPAREDNESS AND ASSISTANCE, IN ORDER TO ASSURE MAXIMUM
COORDINATION AND EFFECTIVENESS OF SUCH PROGRAMS, AND SHALL FROM TIME TO
TIME REPORT THEREON TO THE CONGRESS.
CRIMINAL AND CIVIL PENALTIES //42 USC 5157.//
SEC. 317. (A) ANY INDIVIDUAL WHO FRAUDULENTLY OR WILLFULLY MISSTATES
ANY FACT IN CONNECTION WITH A REQUEST FOR ASSISTANCE UNDER THIS ACT
SHALL BE FINED NOT MORE THAN $10,000 OR IMPRISONED FOR NOT MORE THAN ONE
YEAR OR BOTH FOR EACH VIOLATION.
(B) ANY INDIVIDUAL WHO KNOWINGLY VIOLATES ANY ORDER OR REGULATION
UNDER THIS ACT SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN
$5,000 FOR EACH VIOLATION.
(C) WHOEVER KNOWINGLY MISAPPLIES THE PROCEEDS OF A LOAN OR OTHER CASH
BENEFIT OBTAINED UNDER ANY SECTION OF THIS ACT SHALL BE SUBJECT TO A
FINE IN AN AMOUNT EQUAL TO ONE AND ONE-HALF TIMES THE ORIGINAL PRINCIPAL
AMOUNT OF THE LOAN OR CASH BENEFIT.
AVAILABILITY OF MATERIALS //42 USC 5158.//
SEC. 318. THE PRESIDENT IS AUTHORIZED, AT THE REQUEST OF THE
GOVERNOR OF AN AFFECTED STATE, TO PROVIDE FOR A SURVEY OF CONSTRUCTION
MATERIALS NEEDED IN THE AREA AFFECTED BY A MAJOR DISASTER ON AN
EMERGENCY BASIS FOR HOUSING REPAIRS, REPLACEMENT HOUSING, PUBLIC
FACILITIES REPAIRS AND REPLACEMENT, FARMING OPERATIONS, AND BUSINESS
ENTERPRISES AND TO TAKE APPROPRIATE ACTION TO ASSURE THE AVAILABILITY
AND FAIR DISTRIBUTION OF NEEDED NATERIALS, INCLUDING, WHERE POSSIBLE,
THE ALLOCATION OF SUCH MATERIALS FOR A PERIOD OF NOT MORE THAN ONE
HUNDRED AND EIGHTY DAYS AFTER SUCH MAJOR DISASTER. ANY ALLOCATION
PROGRAM SHALL BE IMPLEMENTED BY THE PRESIDENT OF THE EXTENT POSSIBLE, BY
WORKING WITH AND THROUGH THOSE COMPANIES WHICH TRADITIONALLY SUPPLY
CONSTRUCTION MATERIALS IN THE AFFECTED AREA. FOR THE PURPOSES OF THIS
SECTION "CONSTRUCTION MATERIALS" SHALL INCLUDE BUILDING MATERIALS AND
MATERIALS REQUIRED FOR REPAIRING HOUSING, REPLACEMENT HOUSING, PUBLIC
FACILITIES REPAIRS AND REPLACEMENT, AND FOR NORMAL FARM AND BUSINESS
OPERATIONS.
FEDERAL FACILITIES //42 USC 5171.//
SEC. 401. (A) THE PRESIDENT MAY AUTHORIZE ANY FEDERAL AGENCY TO
REPAIR, RECONSTRUCT, RESTORE, OR REPLACE ANY FACILITY OWNED BY THE
UNITED STATES AND UNDER THE JURISDICTION OF SUCH AGENCY WHICH IS DAMAGED
OR DESTROYED BY ANY MAJOR DISASTER IF HE DETERMINES THAT SUCH REPAIR,
RECONSTRUCTION, RESTORATION, OR REPLACEMENT IS OF SUCH IMPORTANCE AND
URGENCY THAT IT CANNOT REASONABLY BE DEFERRED PENDING THE ENACTMENT OF
SPECIFIC AUTHORIZING LEGISLATION OR THE MAKING OF AN APPROPRIATION FOR
SUCH PURPOSES, OR THE OBTAINING OF CONGRESSIONAL COMMITTEE APPROVAL.
(B) IN ORDER TO CARRY OUT THE PROVISIONS OF THIS SECTION, SUCH
REPAIR, RECONSTRUCTION, RESTORATION, OR REPLACEMENT MAY BE BEGUN
NOTWITHSTANDING A LACK OR AN INSUFFICIENCY OF FUNDS APPROPRIATED FOR
SUCH PURPOSE, WHERE SUCH LACK OR INSUFFICIENCY CAN BE REMEDIED BY THE
TRANSFER, IN ACCORDANCE WITH LAW, OF FUNDS APPROPRIATED TO THAT AGENCY
FOR ANOTHER PURPOSE.
(C) IN IMPLEMENTING THIS SECTION, FEDERAL AGENCIES SHALL EVALUATE THE
NATURAL HAZARDS TO WHICH THESE FACILITIES ARE EXPOSED AND SHALL TAKE
APPROPRIATE ACTION TO MITIGATE SUCH HAZARDS, INCLUDING SAFE LAND-USE AND
CONSTRUCTION PRACTICES, IN ACCORDANCE WITH STANDARDS PRESCRIBED BY THE
PRESIDENT.
REPAIR AND RESTORATION OF DAMAGED FACILITIES //42 USC 5172.//
SEC. 402. (A) THE PRESIDENT IS AUTHORIZED TO MAKE CONTRIBUTIONS TO
STATE OR LOCAL GOVERNMENTS TO HELP REPAIR, RESTORE, RECONTRUCT, OR
REPLACE PUBLIC FACILITIES BELONGING TO SUCH STATE OR LOCAL GOVERNMENTS
WHICH WERE DAMAGED OR DESTROYED BY A MAJOR DISASTER.
(B) THE PRESIDENT IS ALSO AUTHORIZED TO MAKE GRANTS TO HELP REPAIR,
RESTORE, RECONSTRUCT, OR REPLACE PRIVATE NONPROFIT EDUCATIONAL, UTILITY,
EMERGENCY, MEDICAL, AND CUSTODIAL CARE FACILITIES, INCLUDING THOSE FOR
THE AGED OR DISABLED, AND FACILITIES ON INDIAN RESERVATIONS AS DEFINED
BY THE PRESIDENT, WHICH WERE DAMAGED OR DESTROYED BY A MAJOR DISASTER.
(C) FOR THOSE FACILITIES ELIGIBLE UNDER THIS SECTION WHICH WERE IN
THE PROCESS OF CONSTRUCTION WHEN DAMAGED OR DESTROYED BY A MAJOR
DISASTER, THE GRANT SHALL BE BASED ON THE NET COSTS OF RESTORING SUCH
FACILITIES SUBSTANTIALLY TO THEIR PREDISASTER CONDITION.
(D) FOR THE PURPOSES OF THIS SECTION, "PUBLIC FACILITY" INCLUDES ANY
PUBLICLY OWNED FLOOD CONTROL, NAVIGATION, IRRIGATION, RECLAMATION,
PUBLIC POWER, SEWAGE TREATMENT AND COLLECTION, WATER SUPPLY AND
DISTRIBUTION, WATERSHED DEVELOPMENT, OR AIRPORT FACILITY, ANY
NON-FEDERAL-AID STREET, ROAD, OR HIGHWAY, ANY OTHER PUBLIC BUILDING,
STRUCTURE, OR SYSTEM INCLUDING THOSE USED FOR EDUCATIONAL OR
RECREATIONAL PURPOSES, AND ANY PARK.
(E) THE FEDERAL CONTRIBUTION FOR GRANTS MADE UNDER THIS SECTION SHALL
NOT EXCEED 100 PER CENTUM OF THE NET COST OF REPAIRING, RESTORING,
RECONSTRUCTING, OR REPLACING ANY SUCH FACILITY ON THE BASIS OF THE
DESIGN OF SUCH FACILITY AS IT EXISTED IMMEDIATELY PRIOR TO SUCH DISASTER
AND IN CONFORMITY WITH CURRENT APPLICABLE CODES, SPECIFICATIONS, AND
STANDARDS.
(F) IN THOSE CASES WHERE A STATE OR LOCAL GOVERNMENT DETERMINES THAT
PUBLIC WELFARE WOULD NOT BE BEST SERVED BY REPAIRING, RESTORING,
RECONSTRUCTING, OR REPLACING PARTICULAR PUBLIC FACILITIES OWNED OR
CONTROLLED BY THAT STATE OR THAT LOCAL GOVERNMENT WHICH HAVE BEEN
DAMAGED OR DESTROYED IN A MAJOR DISASTER, IT MAY ELECT TO RECEIVE, IN
LIEU OF THE CONTRIBUTION DESCRIBED IN SUBSECTION (E) OF THIS SECTION, A
CONTRIBUTION BASED ON 90 PER CENTUM OF THE FEDERAL ESTIMATE OF THE TOTAL
COST OF REPAIRING, RESTORING, RECONSTRUCTING, OR REPLACINGB ALL DAMAGED
FACILITIES OWNED BY IT WITHIN ITS JURISDICTION. THE COST OF REPAIRING,
RESTORING, RECONSTRUCTING, OR REPLACING DAMAGED OR DESTROYED PUBLIC
FACILITIES SHALL BE ESTIMATED ON THE BASIS OF THE DESIGN OF EACH SUCH
FACILITY AS IT EXISTED IMMEDIATELY PRIOR TO SUCH DISASTER AND IN
CONFORMITY WITH CURRENT APPLICABLE CODES, SPECIFICATIONS AND STANDARDS.
FUNDS CONTRIBUTED UNDER THIS SUBSECTION MAY BE EXPENDED EITHER TO REPAIR
OR RESTORE CERTAIN SELECTED DAMAGED PUBLIC FACILITIES OR TO CONSTRUCT
NEW PUBLIC FACILITIES WHICH THE STATE OR LOCAL GOVERNMENT DETERMINES TO
BE NECESSARY TO MEET ITS NEEDS FOR GOVERNMENTAL SERVICES AND FUNCTIONS
IN THE DISASTER-AFFECTED AREA.
DEBRIS REMOVAL //42 USC 5173.//
SEC. 403. (A) THE PRESIDENT, WHENEVER HE DETERMINES IT TO BE IN THE
PUBLIC INTEREST, IS AUTHORIZED--,
(1) THROUGH THE USE OF FEDERAL DEPARTMENTS, AGENCIES, AND
INSTRUMENTALITIES, TO CLEAR DEBRIS AND WRECKAGE RESULTING FROM A
MAJOR DISASTER FROM PUBLICLY AND PRIVATELY OWNED LANDS AND WATER;
AND
(2) TO MAKE GRANTS TO ANY STATE OR LOCAL GOVERNMENT FOR THE
PURPOSE OF REMOVING DEBRIS OR WRECKAGE RESULTING FROM A MAJOR
DISASTER FROM PUBLICLY OR PRIVATELY OWNED LANDS AND WATERS.
(B) NO AUTHORITY UNDER THIS SECTION SHALL BE EXERCISED UNLESS THE
AFFECTED STATE OR LOCAL GOVERNMENT SHALL FIRST ARRANGE AN UNCONDITIONAL
AUTHORIZATION FOR REMOVAL OF SUCH DEBRIS OR WRECKAGE FROM PUBLIC AND
PRIVATE PROPERTY, AND, IN THE CASE OF REMOVAL OF DEBRIS OR WRECKAGE FROM
PRIVATE PROPERTY, SHALL FIRST AGREE TO INDEMNIFY THE FEDERAL GOVERNMENT
AGAINST ANY CLAIM ARISING FROM SUCH REMOVAL.
TEMPORARY HOUSING ASSISTANCE //42 USC 5174.//
SEC. 404. (A) THE PRESIDENT IS AUTHORIZED TO PROVIDE, EITHER BY
PURCHASE OR LEASE, TEMPORARY HOUSING, INCLUDING, BUT NOT LIMITED TO,
UNOCCUPIED HABITABLE DWELLINGS, SUITABLE RENTAL HOUSING, MOBILE HOMES OR
OTHER READILY FABRICATED DWELLINGS FOR THOSE WHO, AS A RESULT OF A MAJOR
DISASTER, REQUIRE TEMPORARY HOUSING. DURING THE FIRST TWELVE MONTHS OF
OCCUPANCY NO RENTALS SHALL BE ESTABLISHED FOR ANY SUCH ACCOMMODATIONS,
AND THEREAFTER RENTALS SHALL BE ESTABLISHED, BASED UPON FAIR MARKET
VALUE OF THE ACCOMMADATIONS BEING FURNISHED, ADJUSTED TO TAKE INTO
CONSIDERATION THE FINANCIAL ABILITY OF THE OCCUPANT. ANY MOBILE HOME OR
READILY FABRICATED DWELLING SHALL BE PLACED ON A SITE COMPLETE WITH
UTILITIES PROVIDED EITHER BY THE STATE OR LOCAL GOVERNMENT, OR BY THE
OWNER OR OCCUPANT OF THE SITE WHO WAS DISPLACED BY THE MAJOR DISASTER,
WITHOUT CHARGE TO THE UNITED STATES. THE PRESIDENT MAY AUTHORIZE
INSTALLATION OF ESSENTIAL UTILITIES AT FEDERAL EXPENSE AND HE MAY ELECT
TO PROVIDE OTHER MORE ECONOMICAL OR ACCESSIBLE SITES WHEN HE DETERMINES
SUCH ACTION TO BE IN THE PUBLIC INTEREST.
(B) THE PRESIDENT IS AUTHORIZED TO PROVIDE ASSISTANCE ON A TEMPORARY
BASIS IN THE FORM OF MORTGAGE OR RENTAL PAYMENTS TO OR ON BEHALF OF
INDIVIDUALS AND FAMILIES WHO, AS A RESULT OF FINANCIAL HARDSHIP CAUSED
BY A MAJOR DISASTER, HAVE RECEIVED WRITTEN NOTICE OF DISPOSSESSION OR
EVICTION FROM A RESIDENCE BY REASON OF FORECLOSURE OF ANY MORTGAGE OR
LIEN, CANCELLATION OF ANY CONTRACT OF SALE, OR TERMINATION OF ANY LEASE,
ENTERED INTO PRIOR TO SUCH DISASTER. SUCH ASSISTANCE SHALL BE PROVIDED
FOR A PERIOD OF NOT TO EXCEED ONE YEAR OR FOR THE DURATION OF THE PERIOD
OF FINANCIAL HARDSHIP, WHICHEVER IS THE LESSER.
(C) IN LIEU OF PROVIDING OTHER TYPES OF TEMPORARY HOUSING AFTER A
MAJOR DISASTER, THE PRESIDENT IS AUTHORIZED TO MAKE EXPENDITURES FOR THE
PURPOSE OF REPAIRING OR RESTORING TO A HABITABLE CONDITION
OWNER-OCCUPIED PRIVATE RESIDENTIAL STRUCTURES MADE UNINHABITABLE BY A
MAJOR DISASTER WHICH ARE CAPABLE OF BEING RESTORED QUICKLY TO A
HABITABLE CONDITION WITH MINIMAL REPAIRS. NO ASSISTANCE PROVIDED UNDER
THIS SECTION MAY BE USED FOR MAJOR RECONSTRUCTION OR REHABILITATION OF
DAMAGED PROPERTY.
(D)(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY TEMPORARY
HOUSING ACQUIRED BY PURCHASE MAY BE SOLD DIRECTLY TO INDIVIDUALS AND
FAMILIES WHO ARE OCCUPANTS OF TEMPORARY HOUSING AT PRICES THAT ARE FAIR
AND EQUITABLE, AS DETERMINED BY THE PRESIDENT.
(2) THE PRESIDENT MAY SELL OR OTHERWISE MAKE AVAILABLE TEMPORARY
HOUSING UNITS DIRECTLY TO STATES, OTHER GOVERNMENTAL ENTITIES, AND
VOLUNTARY ORGANIZATIONS. THE PRESIDENT SHALL IMPOSE AS A CONDITION OF
TRANSFER UNDER THIS PARAGRAPH A COVENANT TO COMPLY WITH THE PROVISIONS
OF SECTION 311 OF THIS ACT REQUIRING NONDISCRIMINATION IN OCCUPANCY OF
SUCH TEMPORARY HOUSING UNITS. SUCH DISPOSITION SHALL BE LIMITED TO
UNITS PURCHASED UNDER THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION
AND TO THE PURPOSES OF PROVIDING TEMPORARY HOUSING FOR DISASTER VICTIMS
IN EMERGENCIES OR IN MAJOR DISASTERS.
PROTECTION OF ENVIRONMENT //42 USC 5175.//
SEC. 405. NO ACTION TAKEN OR ASSISTANCE PROVIDED PURSUANT TO
SECTIONS 305, 306, OR 403 OF THIS ACT, OR ANY ASSISTANCE PROVIDED
PURSUANT TO SECTION 402 OR 419 OF THIS ACT THAT HAS THE EFFECT OF
RESTORING FACILITIES SUBSTANTIALLY AS THEY EXISTED PRIOR TO THE
DISASTER, SHALL BE DEEMED A MAJOR FEDERAL ACTION SIGNIFICANTLY AFFECTING
THE QUALITY OF THE HUMAN EVIRONMENT WITHIN THE MEANING OF THE NATIONAL
EVIRONMENTAL POLICY ACT OF 1969 (83 STAT. 852). //43 USC 4321 NOTE.//
NOTHING IN THIS SECTION SHALL ALTER OR AFFECT THE APPLICABILITY OF THE
NATIONAL EVIRONMENTAL POLICY ACT OF 1969 (83 STAT. 852) TO OTHER FEDERAL
ACTIONS TAKEN UNDER THIS ACT OR UNDER ANY OTHER PROVISION OF LAW.
MINIMUM STANDARDS FOR PUBLIC AND PRIVATE STRUCTURES //42 USC
5176.//
SEC. 406. AS A CONDITION OF ANY DISASTER LOAN OR GRANT MADE UNDER
THE PROVISIONS OF THIS ACT, THE RECIPIENT SHALL AGREE THAT ANY REPAIR OR
CONSTRUCTION TO BE FINANCED THEREWITH SHALL BE IN ACCORDANCE WITH
APPLICABLE STANDARDS OF SAFETY, DECENCY, AND SANITATION AND IN
CONFORMITY WITH APPLICABLE CODES, SPECIFICATIONS, AND STANDARDS, AND
SHALL FURNISH SUCH EVIDENCE OF COMPLIANCE WITH THIS SECTION AS MAY BE
REQUIRED BY REGULATION. AS A FURTHER CONDITION OF ANY LOAN OR GRANT
MADE UNDER THE PROVISIONS OF THIS ACT, THE STATE OR LOCAL GOVERNMENT
SHALL AGREE THAT THE NATURAL HAZARDS IN THE AREAS IN WHICH THE PROCEEDS
OF THE GRANTS OR LOANS ARE TO BE USED SHALL BE EVALUATED AND APPROPRIATE
ACTION SHALL BE TAKEN TO MITIGATE SUCH HAZARDS, INCLUDING SAFE LAND-USE
AND CONSTRUCTION PRACTICES, IN ACCORDANCE WITH STANDARDS PRESCRIBED OR
APPROVED BY THE PRESIDENT AFTER ADEQUATE CONSULTATION WITH THE
APPROPRIATE ELECTED OFFICIALS OF GENERAL PURPOSE LOCAL GOVERNMENTS, AND
THE STATE SHALL FURNISH SUCH EVIDENCE OF COMPLIANCE WITH THIS SECTION AS
MAY BE REQUIRED BY REGULATION.
UNEMPLOYMENT ASSISTANCE //42 USC 5177.//
SEC. 407. (A) THE PRESIDENT IS AUTHORIZED TO PROVIDE TO ANY
INDIVIDUAL UNEMPLOYED AS A RESULT OF A MAJOR DISASTER SUCH BENEFIT
ASSISTANCE AS HE DEEMS APPROPRIATE WHILE SUCH INDIVIDUAL IS UNEMPLOYED.
SUCH ASSISTANCE AS THE PRESIDENT SHALL PROVIDE SHALL BE AVAILABLE TO AN
INDIVIDUAL AS LONG AS THE INDIVIDUAL'S UNEMPLOYMENT CAUSED BY THE MAJOR
DISASTER CONTINUES OR UNTIL THE INDIVIDUAL IS REEMPLOYED IN A SUITABLE
POSITION, BUT NO LONGER THAN ONE YEAR AFTER THE MAJOR DISASTER IS
DECLARED. SUCH ASSISTANCE FOR A WEEK OF UNEMPLOYMENT SHALL NOT EXCEED
THE MAXIMUM WEEKLY AMOUNT AUTHORIZED UNDER THE UNEMPLOYMENT COMPENSATION
LAW OF THE STATE IN WHICH THE DISASTER OCCURRED, AND THE AMOUNT OF
ASSISTANCE UNDER THIS SECTION TO ANY SUCH INDIVIDUAL FOR A WEEK OF
UNEMPLOYMENT SHALL BE REDUCED BY ANY AMOUNT OF UNEMPLOYMENT COMPENSATION
OR OF PRIVATE INCOME PROTECTION INSURANCE COMPENSATION AVAILABLE TO SUCH
INDIVIDUAL FOR SUCH WEEK OF UNEMPLOYMENT. THE PRESIDENT IS DIRECTED TO
PROVIDE SUCH ASSISTANCE THROUGH AGREEMENTS WITH STATES WHICH, IN HIS
JUDGMENT, HAVE AN ADEQUATE SYSTEM FOR ADMINISTERING SUCH ASSISTANCE
THROUGH EXISTING STATE AGENCIES.
(B) THE PRESIDENT IS FURTHER AUTHORIZED FOR THE PURPOSES OF THIS ACT
TO PROVIDE REEMPLOYMENT ASSISTANCE SERVICES UNDER OTHER LAWS TO
INDIVIDUALS WHO ARE UNEMPLOYED AS A RESULT OF A MAJOR DISASTER.
INDIVIDUAL AND FAMILY GRANT PROGRAMS //42 USC 5178.//
SEC. 408. (A) THE PRESIDENT IS AUTHORIZED TO MAKE A GRANT TO A STATE
FOR THE PURPOSE OF SUCH STATE MAKING GRANTS TO MEET DISASTER-RELATED
NECESSARY EXPENSES OR SERIOUS NEEDS OF INDIVIDUALS OR FAMILIES ADVERSELY
AFFECTED BY A MAJOR DISASTER IN THOSE CASES WHERE SUCH INDIVIDUALS OR
FAMILIES ARE UNABLE TO MEET SUCH EXPENSES OR NEEDS THROUGH ASSISTANCE
UNDER OTHER PROVISIONS OF THIS ACT, OR FROM OTHER MEANS. THE GOVERNOR
OF A STATE SHALL ADMINISTER THE GRANT PROGRAM AUTHORIZED BY THIS
SECTION.
(B) THE FEDERAL SHARE OF A GRANT TO AN INDIVIDUAL OR A FAMILY UNDER
THIS SECTION SHALL BE EQUAL TO 72 PER CENTUM OF THE ACTUAL COST OF
MEETING SUCH AN EXPENSE OR NEED AND SHALL BE MADE ONLY ON CONDITION THAT
THE REMAINING 25 PER CENTUM OF SUCH COST IS PAID TO SUCH INDIVIDUAL OR
FAMILY FROM FUNDS MADE AVAILABLE BY A STATE. WHERE A STATE IS UNABLE
IMMEDIATELY TO PAY ITS SHARE, THE PRESIDENT IS AUTHORIZED TO ADVANCE TO
SUCH STATE SUCH 25 PER CENTUM SHARE, AND ANY SUCH ADVANCE IS TO BE
REPAID TO THE UNITED STATES WHEN SUCH STATE IS ABLE TO DO SO. NO
INIDIVIDUAL AND NO FAMILY SHALL RECEIVE ANY GRANT OR GRANTS UNDER THIS
SECTION AGGREGATING MORE THAN $5,000 WITH RESPECT TO ANY ONE MAJOR
DISASTER.
(C) THE PRESIDENT SHALL PROMULGATE REGULATIONS TO CARRY OUT THIS
SECTION AND SUCH REGULATIONS SHALL INCLUDE NATIONAL CRITERIA, STANDARDS,
AND PROCEDURES FOR THE DETERMINATION OF ELIGIBILITY FOR GRANTS AND THE
ADMINISTRATION OF GRANTS MADE UNDER THIS SECTION.
(D) A STATE MAY EXPEND NOT TO EXCEED 3 PER CENTUM OF ANY GRANT MADE
THE THE PRESIDENT TO IT UNDER SUBSECTION (A) OF THIS SECTION FOR
EXPENSES OF ADMINISTERING GRANTS TO INDIVIDUALS AND FAMILIES UNDER THIS
SECTION.
(E) THIS SECTION SHALL TAKE EFFECT AS OF APRIL 20, 1973.
FOOD COUPONS AND DISTRIBUTION //42 USC 5179.//
SEC. 409. (A) WHENEVER THE PRESIDENT DETERMINES THAT, AS A RESULT OF
A MAJOR DISASTER, LOW-INCOME HOUSEHOLDS ARE UNABLE TO PURCHASE ADEQUATE
AMOUNTS OF NUTRITIOUS FOOD, HE IS AUTHORIZED, UNDER SUCH TERMS AND
CONDITIONS AS HE MAY PRESCRIBE, TO DISTRIBUTE THROUGH THE SECRETARY OF
AGRICULTURE OR OTHER APPROPRIATE AGENCIES COUPON ALLOTMENTS TO SUCH
HOUSEHOLDS PURSUANT TO THE PROVISIONS OF THE FOOD STAMP ACT OF 1964 (P.
L. 91 - 671; 84 STAT. 2048) //78 STAT. 703, 7 USC 20UU NOTE.// AND TO
MAKE SURPLUS COMMODITIES AVAILABLE PURSUANT TO THE PROVISIONS OF THIS
ACT.
(B) THE PRESIDENT, THROUGH THE SECRETARY OF AGRICULTURE OR OTHER
APPROPRIATE AGENCIES, IS AUTHORIZED TO CONTINUE TO MAKE SUCH COUPON
ALLOTMENTS AND SURPLUS COMMODITIES AVAILABLE TO SUCH HOUSEHOLDS FOR SO
LONG AS HE DETERMINES NECESSARY, TAKING INTO CONSIDERATION SUCH FACTORS
AS HE DEEMS APPROPRIATE, INCLUDING THE CONSEQUENCES OF THE MAJOR
DISASTER ON THE EARNING POWER OF THE HOUSEHOLDS, TO WHICH ASSISTANCE IS
MADE AVAILABLE UNDER THIS SECTION.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AMENDING OR
OTHERWISE CHANGING THE PROVISIONS OF THE FOOD STAMP ACT OF 1964 EXCEPT
AS THEY RELATE TO THE AVAILABILITY OF FOOD STAMPS IN AN AREA AFFECTED BY
A MAJOR DISASTER.
FOOD COMMODITIES //42 USC 5180.//
SEC. 410. (A) THE PRESIDENT IS AUTHORIZED AND DIRECTED TO ASSURE
THAT ADEQUATE STOCKS OF FOOD WILL BE READY AND CONVENIENTLY AVAILABLE
FOR EMERGENCY MASS FEEDING OR DISTRIBUTION IN ANY AREA OF THE UNITED
STATES WHICH SUFFERS A MAJOR DISASTER OR EMERGENCY.
(B) THE SECRETARY OF AGRICULTURE SHALL UTILIZE FUNDS APPROPRIATED
UNDER SECTION 32 OF THE ACT OF AUGUST 24, 1935 (7 U.S.C. 612C), //4.
STAT. 774.// TO PURCHASE FOOD COMMODITIES NECESSARY TO PROVIDE ADEQUATE
SUPPLIES FOR USE IN ANY AREA OF THE UNITED STATES IN THE EVENT OF A
MAJOR DISASTER OR EMERGENCY IN SUCH AREA.
RELOCATION ASSISTANCE //42 USC 5181.//
SEC. 411. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON
OTHERWISE ELIGIBLE FOR ANY KIND OF REPLACEMENT HOUSING PAYMENT UNDER THE
UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT
OF 1970 (P.L. 91 - 646) //84 STAT. 1894, 42 USC 4601 NOTE.// SHALL BE
DENIED SUCH ELIGIBILITY AS A RESULT OF HIS BEING UNABLE, BECAUSE OF A
MAJOR DISASTER AS DETERMINED BY THE PRESIDENT, TO MEET THE OCCUPANCY
REQUIREMENTS SET BY SUCH ACT.
LEGAL SERVICES //42 USC 5182.//
SEC. 412. WHENEVER THE PRESIDENT DETERMINES THAT LOW-INCOME
INDIVIDUALS ARE UNABLE ATO SECURE LEGAL SERVICES ADEQUATE TO MEET THEIR
NEEDS AS A CONSEQUENCE OF A MAJOR DISASTER, CONSISTENT WITH THE GOALS OF
THE PROGRAMS AUTHORIZED BY THIS ACT, THE PRESIDENT SHALL ASSURE THAT
SUCH PROGRAMS ARE CONDUCTED WITH THE ADVICE AND ASSISTANCE OF
APPROPRIATE FEDERAL AGENCIES AND STATE AND LOCAL BAR ASSOCIATIONS.
CRISIS COUNSELING ASSISTANCE AND TRAINING //42 USC 5183.//
SEC. 413. THE PRESIDENT IS AUTHORIZED (THROUGH THE NATIONAL
INSTITUTE OF MENTAL HEALTH) TO PROVIDE PROFESSIONAL COUNSELING SERVICES,
INCLUDING FINANCIAL ASSISTANCE TO STATE OR LOCAL AGENCIES OR PRIVATE
MENTAL HEALTH ORGANIZATIONS TO PROVIDE SUCH SERVICES OR TRAINING OF
DISASTER WORKERS, TO VICTIMS OF MAJOR DISASTERS IN ORDER TO RELIEVE
MENTAL HEALTH PROBLEMS CAUSED OR AGGFRAVATED BY SUCH MAJOR DISASTER OR
ITS AFTERMATH.
COMMUNITY DISASTER LOANS //42 USC 5184.//
SEC. 414. (A) THE PRESIDENT IS AUTHORIZED TO MAKE LOANS TO ANY LOCAL
GOVERNMENT WHICH MAY SUFFER A SUBSTANTIAL LOSS OF TAX AND OTHER REVENUES
AS A RESULT OF A MAJOR DISASTER, AND HAS DEMONSTRATED A NEED FOR
FINANCIAL ASSISTANCE IN ORDER TO PERFORM ITS GOVERNMENTAL FUNCTIONS.
THE AMOUNT OF ANY SUCH LOAN SHALL BE BASED ON NEED, AND SHALL NOT EXCEED
25 PER CENTUM OF THE ANNUAL OPERATING BUDGET OF THAT LOCAL GOVERNMENT
FOR THE FISCAL YEAR IN WHCIH THE MAJOR DISASTER OCCURS. REPAYMENT OF
ALL OR ANY PART OF SUCH LOAN TO THE EXTENT THAT REVENUES OF THE LOCAL
GOVERNMENT DURING THE THREE FULL FISCAL YEAR PERIOD FOLLOWING THE MAJOR
DISASTER ARE INSUFFICIENT TO MEET THE OPERATING BUDGET OF THE LOCAL
GOVERNMENT, INCLUDING ADDITIONAL DISASTER-RELATED EXPENSES OF A
MUNICIPAL OPERATION CHARACTER SHALL BE CANCELLED.
(B) ANY LOANS MADE UNDER THIS SECTION SHALL NOT REDUCE OR OTHERWISE
AFFECT ANY GRANTS OR OTHER ASSISTANCE UNDER THIS ACT.
(C)(1) SUBTITLE C OF TITLE I OF THE STATE AND LOCAL FISCAL ASSISTANCE
ACT OF 1972 (P.L. 92 - 512; 86 STAT. 919) //31 USC 1261 AND NOTE.// IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION:
"SEC. 145. ENTITLEMENT FACTORS AFFECTED BY MAJOR DISASTERS.
"IN THE ADMINISTRATION OF THIS TITLE THE SECRETARY SHALL DISREGARD
ANY CHANGE IN DATA USED IN DETERMINING THE ENTITLEMENT OF A STATE
GOVERNMENT OR A UNIT OF LOCAL GOVERNMENT FOR A PERIOD OF 60 MONTHS IF
THAT CHANGE--,
"(1) RESULTS FROM A MAJOR DISASTER DETERMINED BY THE PRESIDENT
UNDER SECTION 301 OF THE DISASTER RELIEF ACT OF 1974, AND
"(2) REDUCES THE AMOUNT OF THE ENTITLEMENT OF THAT STATE
GOVERNMENT OR UNIT OF LOCAL GOVERNMENT.".
(2) THE AMENDMENT MADE BY THIS SECTION TAKES EFFECT ON APRIL 1, 1974.
EMERGENCY COMMUNICATIONS //42 USC 5185.//
SEC. 415. THE PRESIDENT IS AUTHORIZED DURING, OR IN ANTICIPATION OF,
AN EMERGENCY OR MAJOR DISASTER TO ESTABLISH TEMPORARY COMMUNICATIONS
SYSTEMS AND TO MAKE SUCH COMMUNICATIONS AVAILABLE TO STATE AND LOCAL
GOVERNMENT OFFICIALS AND OTHER PERSONS AS HE DEEMS APPROPRIATE.
EMERGENCY PUBLIC TRANSPORTATION //42 USC 5186.//
SEC. 416. THE PRESIDENT IS AUTHORIZED TO PROVIDE TEMPORARY PUBLIC
TRANSPORTATION SERVICE IN AN AREA AFFECTED BY A MAJOR DISASTER TO MEET
EMERGENCY NEEDS AND TO PROVIDE TRANSPORTATION TO GOVERNMENTAL OFFICES,
SUPPLY CENTERS, STORES, POST OFFICES, SCHOOLS, MAJOR EMPLOYMENT CENTERS,
AND SUCH OTHER PLACES AS MAY BE NECESSARY IN ORDER TO ENABLE THE
COMMUNITY TO RESUME ITS NORMAL PATTERN OF LIFE AS SOON AS POSSIBLE.
FIRE SUPPRESSION GRANTS //42 USC 5187.//
SEC. 417. THE PRESIDENT IS AUTHORIZED TO PROVIDE ASSISTANCE,
INCLUDING GRANTS, EQUIPMENT, SUPPLIES, AND PERSONNEL, TO ANY STATE FOR
THE SUPPRESSION OF ANY FIRE ON PUBLICLY OR PRIVATELY OWNED FOREST OR
GRASSLAND WHICH THREATENS SUCH DESTRUCTION AS WOULD CONSTITUTE A MAJOR
DISASTER.
TIMBER SALE CONTRACTS //42 USC 5188.//
SEC. 418. (A) WHERE AN EXISTING TIMBER SALE CONTRACT BETWEEN THE
SECRETARY OF AGRICULTURE OR THE SECRETARY OF THE INTERIOR AND A TIMBER
PURCHASER DOES NOT PROVIDE RELIEF FROM MAJOR PHYSICAL CHANGE NOT DUE TO
NEGLIGENCE OF THE PURCHASER PRIOR TO APPROVAL OF CONSTRUCTION OF ANY
SECTION OF SPECIFIED ROAD OR OF ANY OTHER SPECIFIED DEVELOPMENT FACILITY
AND, AS A RESULT OF A MAJOR DISASTER, A MAJOR PHYSICAL CHANGE RESULTS IN
ADDITIONAL CONSTRUCTION WORK IN CONNECTION WITH SUCH ROAD OR FACILITY BY
SUCH PURCHASER WITH AN ESTIMATED COST, AS DETERMINED BY THE APPROPRIATE
SECRETARY, (1) OF MORE THAN $1,000 FOR SALES UNDER ONE MILLION BOARD
FEET, (2) OF MORE THAN $1 PER THOUSAND BOARD FEET FOR SALES OF ONE TO
THREE MILLION BOARD FEET, OR (3) OF MORE THAN $3,000 FOR SALES OVER
THREE MILLION BOARD FEET, SUCH INCREASED CONSTRUCTION COST SHALL BE
BORNE BY THE UNITED STATES.
(B) IF THE APPROPRIATE SECRETARY DETERMINES THAT DAMAGES ARE SO GREAT
THAT RESTORATION, RECONSTRUCTION, OR CONSTRUCTION IS NOT PRACTICAL UNDER
THE COST-SHARING ARRANGEMENT AUTHORIZED BY SUBSECTION (A) OF THIS
SECTION, HE MAY ALLOW CANCELLATION OF A CONTRACT ENTERED INTO BY HIS
DEPARTMENT NOTWITHSTANDING CONTRARY PROVISIONS THEREIN.
(C) THE SECRETARY OF AGRICULTURE IS AUTHORIZED TO REDUCE TO SEVEN
DAYS THE MINIMUM PERIOD OF ADVANCE PUBLIC NOTICE REQUIRED BY THE FIRST
SECTION OF THE ACT OF JUNE 4, 1897 (16 U.S.C. 476), //30 STAT. 35.// IN
CONNECTION WITH THE SALE OF TIMBER FROM NATIONAL FORESTS, WHENEVER THE
SECRETARY DETERMINES THAT (1) THE SALE OF SUCH TIMBER WILL ASSIST IN THE
CONSTRUCTION OF ANY AREA OF A STATE DAMAGED BY A MAJOR DISASTER, (2) THE
SALE OF SUCH TIMBER WILL ASSIST IN SUSTANINING THE ECONOMY OF SUCH AREA,
OR (3) THE SALE OF SUCH TIMBER IS NECESSARY TO SALVAGE THE VALUE OF
TIMBER DAMAGED IN SUCH MAJOR DISASTER OR TO PROTECT UNDAMAGED TIMBER.
(D) THE PRESIDENT, WHEN HE DETERMINES IT TO BE IN THE PUBLIC
INTEREST, IS AUTHORIZED TO MAKE GRANTS TO ANY STATE OR LOCAL GOVERNMENT
FOR THE PURPOSE OF REMOVING FROM PRIVATELY OWANED LANDS TIMBER DAMAGED
AS A RESULT OF A MAJOR DISASTER, AND SUCH STATE OR LOCAL GDOVERNMENT IS
AUTHORIZED UPON APPLICATION, TO MAKE PAYMENTS OUT OF SUCH GRANTS TO ANY
PERSON FOR REIMBURSEMENT OF EXPENSES ACTUALLY INCURRED BY SUCH PERSON IN
THE REMOVAL OF DAMAGED TIMBER, NOT TO EXCEED THE AMOUNT THAT SUCH
EXPENSES EXCEED THE SALVAGE VALUE OF SUCH TIMBER.
IN-LIEU CONTRIBUTION //42 USC 5189.//
SEC. 419. IN ANY CASE IN WHICH THE FEDERAL ESTIMATE OF THE TOTAL
COST OF (1) REPAIRING, RESTORING, RECONSTRUCTING, OR REPLACING, UNDER
SECTION 402, ALL DAMAGED OR DESTROYED PUBLIC FACILITIES OWNED BY A STATE
OR LOCAL GOVERNMENT WITHIN ITS JURISDICTION, AND (2) EMERGENCY
ASSISTANCE UNDER SECTION 306 AND DEBRIS REMOVED UNDER SECTION 403, IS
LESS THAN $25,000, THEN ON APPLICATION OF A STATE OR LOCAL GOVERNMENT,
THE PRESIDENT IS AUTHORIZED TO MAKE A CONTRIBUTION TO SUCH STATE OR
LOCAL GOVERNMENT UNDER THE PROVISIONS OF THIS SECTION IN LIEU OF ANY
CONTRIBUTION TO SUCH STATE OR LOCAL GOVERNMENT UNDER SECTION 306, 402,
OR 403. SUCH CONTRIBUTION SHALL BE BASED ON 100 PER CENTUM OF SUCH
TOTAL ESTIMATED COST, WHICH MAY BE EXPENDED EITHER TO REPAIR, RESTORE,
RECONSTRUCT, OR REPLACE ALL SUCH DAMAGED OR DESTROYED PUBLIC FACILITIES,
TO REPAIR, RESTORE, RECONSTRUCT, OR REPLACE CERTAIN SELECTED DAMAGED OR
DESTROYED PUBLIC FACILITIES, TO CONSTRUCT NEW PUBLIC FACILITIES WHICH
THE STATE OR LOCAL GOVERNMENT DETERMINES TO BE NECESSARY TO MEET ITS
NEEDS FOR GOVERNMENTAL SERVICES AND FUNCTIONS IN THE DISASTER-AFFECTED
AREA, OR TO UNDERTAKE DISASTER WORK AS AUTHORIZED IN SECTION 306 OR 403.
THE COST OR REPAIRING, RESTORING, RECONSTRUCTING, OR REPLACING DAMAGED
OR DESTROYED PUBLIC FACILITIES SHALL BE ESTIMATED ON THE BASIS OF THE
DESIGN OF EACH SUCH FACILITY AS IT EXISTED IMMEDIATELY PRIOR TO SUCH
DISASTER AND IN CONFORMITY WITH CURRENT APPLICABLE CODES, SPECIFICATIONS
AND STANDARDS.
AMENDMENT TO PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF
1965
SEC. 501. THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965, AS
AMENDED, //79 STAT. 522, 42 USC 3121 NOTE.// IS AMENDED BY ADDING AT THE
END THEREOF THE FOLLOWING NEW TITLE:
"PURPOSE OF TITLE //42 USC 3231.//
"SEC. 801. (A) IT IS THE PURPOSE OF THIS TITLE TO PROVIDE ASSISTANCE
FOR THE ECONOMIC RECOVERY, AFTER THE PERIOD OF EMERGENCY AID AND
REPLACEMENT OF ESSENTIAL FACILITIES AND SERVICES, OF ANY MAJOR DISASTER
AREA WHICH HAS SUFFERED A DISLOCATION OF ITS ECONOMY OF SUFFICIENT
SEVERITY TO REQUIRE (1) ASSISTANCE IN PLANNING FOR DEVELOPMENT TO
REPLACE THAT LOST IN THE MAJOR DISASTER; (2) CONTINUED COORDINATION OF
ASSISTANCE AVAILABLE UNDER FEDERAL-AID PROGRAMS; AND (3) CONTINUED
ASSISTANCE TOWARD THE RESTORATION OF THE EMPLOYMENT BASE.
"(B) AS USED IN THIS TITLE, THE TERM 'MAJOR DISASTER' MEANS A MAJOR
DISASTER DECLARED BY THE PRESIDENT IN ACCORDANCE WITH THE DISASTER
RELIEF ACT OF 1974.
"DISASTER RECOVERY PLANNING //42 USC 3232.//
"SEC. 802. (A)(1) IN THE CASE OF ANY AREA AFFECTED BY A MAJOR
DISASTER THE GOVERNOR MAY REQUEST THE PRESIDENT FOR ASSISTANCE UNDER
THIS TITLE. THE GOVERNOR, WITHIN THIRTY DAYS AFTER AUTHORIZATION OF
SUCH ASSISTANCE BY THE PRESIDENT, SHALL DESIGNATE A RECOVERY PLANNING
COUNCIL FOR SUCH AREA OR FOR EACH PART THEREOF.
"(2) SUCH RECOVERY PLANNING COUNCIL SHALL BE COMPOSED OF NOT LESS
THAN FIVE MEMBERS, A MAJORITY OF WHOM SHALL BE LOCAL ELECTED OFFICIALS
OF POLITICAL SUBDIVISIONS WITHIN THE AFFECTED AREAS, AT LEAST ONE
REPRESENTATIVE OF THE STATE, AND A REPRESENTATIVE OF THE FEDERAL
GOVERNMENT APPOINTED BY THE PRESIDENT IN ACCORDANCE WITH PARAGRAPH (3)
OF THIS SUBSECTION. DURING THE MAJOR DISASTER, THE FEDERAL COORDINATING
OFFICER SHALL ALSO SERVE ON THE RECOVERY PLANNING COUNCIL.
"(3) THE FEDERAL REPRESENTATIVE ON SUCH RECOVERY PLANNING COUNCIL MAY
BE THE CHAIRMAN OF THE FEDERAL REGIONAL COUNCIL FOR THE AFFECTED AREA,
OR A MEMBER OF THE FEDERAL REGIONAL COUNCIL DESIGNATED BY THE CHAIRMAN
OF SUCH REGIONAL COUNCIL. THE FEDERAL REPRESENTATIVE ON SUCH RECOVERY
PLANNING COUNCIL MAY BE THE FEDERAL COCHAIRMAN OF THE REGIONAL
COMMISSION ESTABLISHED PURSUANT TO TITLE V OF THIS ACT, OR THE
APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965, OR HIS DESIGNEE, WHERE ALL
OF THE AREA AFFECTED BY A MAJOR DISASTER IS WITHIN THE BOUNDARIES OF
SUCH COMMISSION.
"(4) THE GOVERNOR MAY DESIGNATE AN EXISTING MULTIJURISDICTIONAL
ORGANIZATION AS THE RECOVERY PLANNING COUNCIL WHERE SUCH ORGANIZATION
COMPLIES WITH PARAGRAPH (2) OF THIS SUBSECTION WITH THE ADDITION OF
STATE AND FEDERAL REPRESENTATIVES EXCEPT THAT IF ALL OR PART OF AN AREA
AFFECTED BY A MAJOR DISASTER IS WITHIN THE JURISDICTION OF AN EXISTING
MULTIJURISDICTIONAL ORGANIZATION ESTABLISHED UNDER TITLE IV OF THIS ACT
OR TITLE III OF THE APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965, //40
USC APP. 301.// SUCH ORGANIZATION, WITH THE ADDITION OF STATE AND
FEDERAL REPRESENTATIVES IN ACCORDANCE WITH PARAGRAPH (2) OF THIS
SUBSECTION, SHALL BE DESIGNATED BY THE GOVERNOR AS THE RECOVERY PLANNING
COUNCIL. IN ANY CASE IN WHICH SUCH TITLE III OR IV ORGANIZATION IS
DESIGNATED AS THE RECOVERY PLANNING COUNCIL UNDER THIS PARAGRAPH, SOME
LOCAL ELECTED OFFICIALS OF POLITICAL SUBDIVISIONS WITHIN THE AFFECTED
AREAS MUST BE APPOINTED TO SERVE ON SUCH RECOVERY PLANNING COUNCIL.
//40 USC APP. 301, 401.// WHERE POSSIBLE, THE ORGANIZATION DESIGNATED AS
THE RECOVERY PLANNING COUNCIL SHALL BE OR SHALL BE SUBSEQUENTLY
DESIGNATED AS THE APPROPRIATE AGENCY REQUIRED BY SECTION 204 OF THE
DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966 (42 U.S.C.
3334) AND BY THE INTERGOVERNMENTAL COOPERATION ACT OF 1968 (P.L. 90 -
577; 82 STAT. 1098). //80 STAT. 1262, 42 USC 4201 NOTE.//
"(5) THE RECOVERY PLANNING COUNCIL SHALL INCLUDE PRIVATE CITIZENS AS
MEMBERS TO THE EXTENT FEASIBLE, AND SHALL PROVIDE FOR AND ENCOURAGE
PUBLIC PARTICIPATION IN ITS DELIBERATIONS AND DECISIONS.
"(B) THE RECOVERY PLANNING COUNCIL (1) SHALL REVIEW EXISTING PLANS
FOR THE AFFECTED AREA; AND (2) MAY RECOMMEND TO THE GOVERNOR AND
RESPONSIBLE LOCAL GOVERNMENTS SUCH REVISIONS AS IT DETERMINES NECESSARY
FOR THE ECONOMIC RECOVERY OF THE AREA, INCLUDING THE DEVELOPMENT OF NEW
PLANS AND THE PREPARATION OF A RECOVERY INVESTMENT PLAN FOR THE 5-YEAR
PERIOD FOLLOWING THE DECLARATION OF THE MAJOR DISASTER. THE RECOVERY
PLANNING COUNCIL SHALL ACCEPT AS ONE ELEMENT OF THE RECOVERY INVESTMENT
PLANS DETERMINATIONS MADE UNDER SECTION 402(F) OF THE DISASTER RELIEF
ACT OF 1974.
"(C)(1) A RECOVERY INVESTMENT PLAN PREPARED BY A RECOVERY PLANNING
COUNCIL MAY RECOMMEND THE REVISION, DELETION, REPROGRAMING, OR
ADDITIONAL APPROVAL OF FEDERAL-AID PROJECTS AND PROGRAMS WITHIN THE
AREA--,
"(A) FOR WHICH APPLICATION HAS BEEN MADE BUT APPROVAL NOT YET
GRANTED;
"(B) FOR WHICH FUNDS HAVE BEEN OBLIGATED OR APPROVAL GRANTED
BUT CONSTRUCTION NOT YET BEGUN;
"(C) FOR WHICH FUNDS HAVE BEEN OR ARE SCHEDULED TO BE
APPORTIONED WITHIN THE FIVE YEARS AFTER THE DECLARATION OF THE
DISASTER;
"(D) WHICH MAY OTHERWISE BE AVAILABLE TO THE AREA UNDER ANY
STATE SCHEDULE OR REVISED STATE SCHEDULE OF PRIORITIES; OR
"(E) WHICH MAY REASONABLY BE ANTICIPATED AS BECOMING AVAILABLE
UNDER EXISTING PROGRAMS.
"(2) UPON THE RECOMMENDATION OF THE RECOVERY PLANNING COUNCIL AND THE
REQUEST OF THE GOVERNOR, ANY FUNDS FOR PROJECTS OR PROGRAMS IDENTIFIED
PURSUANT TO PARAGRAPH (1) OF THIS SUBSECTION MAY, TO ANY EXTENT
CONSISTENT WITH APPROPRIATION ACTS, BE PLACED IN RESERVE BY THE
RESPONSIBLE FEDERAL AGENCY FOR USE IN ACCORDANCE WITH SUCH
RECOMMENDATIONS. UPON THE REQUEST OF THE GOVERNOR AND WITH THE
CONCURRENCE OF AFFECTED LOCAL GOVERNMENTS, SUCH FUNDS MAY BE TRANSFERRED
TO THE RECOVERY PLANNING COUNCIL TO BE EXPENDED IN THE IMPLEMENTATION OF
THE RECOVERY INVESTMENT PLAN, EXCEPT THAT NO SUCH TRANSFER MAY BE MADE
UNLESS SUCH EXPENDITURE IS FOR A PROJECT OR PROGRAM FOR WHICH SUCH FUNDS
ORIGINALLY WERE MADE AVAILABLE BY AN APPROPRIATION ACT.
"PUBLIC WORKS AND DEVELOPMENT FACILITIES GRANTS AND LOANS //42
USC 3233.//
"SEC. 803. (A) THE PRESIDENT IS AUTHORIZED TO PROVIDE FUNDS TO ANY
RECOVERY PLANNING COUNCIL FOR THE IMPLEMENTATION OF A RECOVERY
INVESTMENT PLAN BY PUBLIC BODIES. SUCH FUNDS MAY BE USED--,
(1) TO MAKE LOANS FOR THE ACQUISITION OR DEVELOPMENT OF LAND
AND IMPROVEMENTS FOR PUBLIC WORKS, PUBLIC SERVICE, OR DEVELOPMENT
FACILITY USAGE, INCLUDING THE ACQUISITIION OR DEVELOPMENT OF PARKS
OR OPEN SPACES, AND THE ACQUISITION, CONSTRUCTION, REHABILITATION,
ALTERATION, EXPANSION, OR IMPROVEMENT OF SUCH FACILITIES,
INCLUDING RELATED MACHINERY AND EQUIPMENT, AND
"(2) TO MAKE SUPPLEMENTARY GRANTS TO INCREASE THE FEDERAL SHARE
FOR PROJECTS FOR WHICH FUNDS ARE RESERVED PURSUANT TO SUBSECTION
(C)(2) OF SECTION 802 OF THIS ACT, OR OTHER FEDERAL-AID PROJECTS
IN THE AFFECTED AREA.
"(B) GRANTS AND LOANS UNDER THIS SECTION MAY BE MADE TO ANY STATE,
LOCAL GOVERNMENT, OR PRIVATE OR PUBLIC NONPROFIT ORGANIZATION
REPRESENTING ANY AREA OR PART THEREOF AFFECTED BY A MAJOR DISASTER.
"(C) NO SUPPLEMENTARY GRANT SHALL INCREASE THE FEDERAL SHARE OF THE
COST OF ANY PROJECT TO GREATER THAN 90 PER CENTUM, EXCEPT IN THE CASE OF
A GRANT FOR THE BENEFIT OF INDIANS OR ALASKA NATIVES, OR IN THE CASE OF
ANY STATE OR LOCAL GOVERNMENT WHICH THE PRESIDENT DETERMINES HAS
EXHAUSTED ITS EFFECTIVE TAXING AND BORROWING CAPACITY.
"(D) LOANS UNDER THIS SECTION SHALL BEAR INTEREST AT A RATE
DETERMINED BY THE SECRETARY OF THE TREASURY TAKING INTO CONSIDERATION
THE CURRENT AVERAGE MARKET YIELD ON OUTSTANDING MARKETABLE OBLIGATIONS
OF THE UNITED STATES WITH REMAINING PERIODS TO MATURITY COMPARABLE TO
THE AVERAGE MATURITIES OF SUCH LOANS, ADJUSTED TO THE NEAREST ONE-EIGHTH
OF 1 PER CENTUM, LESS 1 PER CENTUM PER ANNUM.
"(E) FINANCIAL ASSISTANCE UNDER THIS TITLE SHALL NOT BE EXTENDED TO
ASSIST ESTABLISHMENTS RELOCATING FROM ONE AREA TO ANOTHER OR TO ASSIST
SUBCONTRACTORS WHOSE PURPOSE IS TO DIVEST, OR WHOSE ECONOMIC SUCCESS IS
DEPENDENT UPON DIVESTING, OTHER CONTRACTORS OR SUBCONTRACTORS OF
CONTRACTS THEREFORE CUSTOMARILY PERFORMED BY THEM. SUCH LIMITATIONS
SHALL NOT BE CONSTRUED TO PROHIBIT ASSISTANCE FOR THE EXPANSION OF AN
EXISTING BUSINESS ENTITY THROUGH THE ESTABLISHMENT OF A NEW BRANCH,
AFFILIATE, OR SUBSIDIARY OF SUCH ENTITY IF THE SECRETARY OF COMMERCE
FINDS THAT THE ESTABLISHMENT OF SUCH BRANCH, AFFILIATE, OR SUBSIDIARY
WILL NOT RESULT IN AN INCREASE IN UNEMPLOYMENT OF THE AREA OF ORGINIAL
LOCATION OR IN ANY OTHER AREA WHERE SUCH ENTITY CONDUCTS BUSINESS
OPERATIONS, UNLESS THE SECRETARY HAS REASON TO BELIEVE THAT SUCH BRANCH,
AFFILIATE, OR SUBSIDIARY IS BEING ESTABLISHED WITH THE INTENTION OF
CLOSING DOWN THE OPERATIONS OF THE EXISTING BUSINESS ENTITY IN THE AREA
OF ITS ORIGINAL LOCATION OR IN ANY OTHER AREA WHERE IT CONDUCTS SUCH
OPERATIONS.
"LOAN GUARANTEES //42 USC 3234.//
"SEC. 804. THE PRESIDENT IS AUTHORIZED TO PROVIDE FUNDS TO RECOVERY
PLANNING COUNCILS TO GUARANTEE LOANS MADE TO PRIVATE BORROWERS BY
PRIVATE LENDING INSITUTIONS (1) TO AID IN FINANCING ANY PROJECT WITHIN
AN AREA AFFECTED BY A MAJOR DISASTER FOR THE PURCHASE OR DEVELOPMENT OF
LAND AND FACILITIES (INCLUDING MACHINERY AND EQUIPMENT) FOR INDUSTRIAL
OR COMMERCIAL USAGE INCLUDING THE CONSTRUCTION OF NEW BUILDINGS, AND
REHABILITATION OF ABANDONED OR UNOCCUPIED BUILDINGS, AND THE ALTERATION,
CONVERSION, OR ENLARGEMENT OF EXISTING BUILDINGS; AND (2) FOR WORKING
CAPITAL IN CONNECTION WITH PROJECTS IN AREAS ASSISTED UNDER PARAGRAPH
(1), UPON APPLICATION OF SUCH INSITUTION AND UPON SUCH TERMS AND
CONDITIONS AS THE PRESIDENT MAY PRESCRIBE. NO SUCH GUARANTEE SHALL AT
ANY TIME EXCEED 90 PER CENTUM OF THE AMOUNT OF THE OUTSTANDING UNPAID
BALANCE OF SUCH LOAN.
"TECHNICAL ASSISTANCE //42 USC 3235.//
"SEC. 805. (A) IN CARRYING OUT THE PURPOSES OF THIS TITLE THE
PRESIDENT IS AUTHORIZED TO PROVIDE TECHNICAL ASSISTANCE WHICH WOULD BE
USEFUL IN FACILITATING ECONOMIC RECOVERY IN AREAS AFFECTED BY MAJOR
DISASTERS. SUCH ASSISTANCE SHALL INCLUDE PROJECT PLANNING AND
FEASIBILITY STUDIES, MANAGEMENT AND OPERATIONAL ASSISTANCE, AND STUDIES
EVALUATING THE NEEDS OF, AND DEVELOPING POTENTIALITIES FOR, ECONOMIC
RECOVERY OF SUCH AREAS. SUCH ASSISTANCE MAY BE PROVIDED BY THE
PRESIDENT DIRECTLY, THROUGH THE PAYMENTS OF FUNDS AUTHORIZED FOR THIS
TITLE TO OTHER DEPARTMENTS OR AGENCIES OF THE FEDERAL GOVERNMENT,
THROUGH THE EMPLOYMENT OF PRIVATE INDIVIDUALS, PARTNERSHIPS, FIRMS,
CORPORATIONS, OR SUITABLE INSTRUCTIONS, UNDER CONTRACTS ENTERED INTO FOR
SUCH PURPOSES, OR THROUGH GRANTS-IN-AID TO APPROPRIATE PUBLIC OR PRIVATE
NONPROFIT STATE, AREA, DISTRICT, OR LOCAL ORGANIZATIONS.
"(B) THE PRESIDENT IS AUTHORIZED TO MAKE GRANTS TO DEFRAY NOT TO
EXCEED 75 PER CENTUM OF THE ADMINISTRATIVE EXPENSES OF RECOVERY PLANNING
COUNCILS DESIGNATED PURSUANT TO SECTION 802 OF THIS ACT. IN DETERMINING
THE AMOUNT OF THE NON-FEDERAL SHARE OF SUCH COSTS OR EXPENSES, THE
PRESIDENT SHALL GIVE DUE CONSIDERATION TO ALL CONTRIBUTIONS BOTH IN CASH
AND IN KIND, FAIRLY EVALUATED, INCLUDING BUT NOT LIMITED TO SPACE,
EQUIPMENT, AND SERVICES. WHERE PRACTICABLE, GRANTS-IN-AID AUTHORIZED
UNDER THIS SUBSECTION SHALL BE USED IN CONJUNCTION WITH OTHER AVAILABLE
PLANNING GRANTS, TO ASSURE ADEQUATE AND EFFECTIVE PLANNING AND ECONOMIC
USE OF FUNDS.
"AUTHORIZATION OF APPROPRIATIONS //42 USC 3236.//
"SEC. 806. THERE IS AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED
$250,000,000 TO CARRY OUT THIS TITLE.".
AUTHORITY TO PRESCRIBE RULES //42 USC 5201.//
SEC. 601. THE PRESIDENT MAY PRESCRIBE SUCH RULES AND REGULATIONS AS
MAY BE NECESSARY AND PROPER TO CARRY OUT ANY OF THE PROVISIONS OF THIS
ACT, AND HE MAY EXERCISE ANY POWER OR AUTHORITY CONFERRED ON HIM BY ANY
SECTION OF THIS ACT EITHER DIRECTLY OR THROUGH SUCH FEDERAL AGENCY OR
AGENCIES AS HE MAY DESIGNATE.
TECHNICAL AMENDMENTS
SEC. 602. (A) SECTION 701(A)(3)(B)(II) OF THE HOUSING ACT OF 1954
(40 U.S.C. 461(A)(3)(B)(II)) //84 STAT. 1758.// IS AMENDED TO READ AS
FOLLOWS: "(II) HAVE SUFFERED SUBSTANTIAL DAMAGE AS A RESULT OF A MAJOR
DISASTER AS DECLARED BY THE PRESIDENT PURSUANT TO THE DISASTER RELIEF
ACT OF 1974;".
(B) SECTION 8(B)(2) OF THE NATIONAL HOUSING ACT (12 U.S.C. 1706C(B)
(2)) IS AMENDED BY STRIKING OUT OF THE LAST PROVISO "SECTION 102(1) OF
THE DISASTER RELIEF ACT OF 1970" AND INSERTING IN LIEU THEREOF "SECTIONS
102(2) AND 301 OF THE DISASTER RELIEF ACT OF 1974".
(C) SECTION 203(H) OF THE NATIONAL HOUSING ACT (12 U.S.C. 1709 (H))
IS AMENDED BY STRIKING OUT "SECTION 102(1) OF THE DISASTER RELIEF ACT OF
1970" AND INSERTING IN LIEU THEREOF "SECTIONS 102(2) AND 301 OF THE
DISASTER RELIEF ACT OF 1974".
(D) SECTION 221(F) OF THE NATIONAL HOUSING ACT (12 U.S.C. 1715) (F))
IS AMENDED BYU STRIKING OUT OF THE LAST PARAGRAPH "THE DISASTER RELIEF
ACT OF 1970" AND INSERTING IN LIEU THEREOF "THE DISASTER RELIEF ACT OF
1974".
(E) SECTION 7(A)(1)(A) OF THE ACT OF SEPTEMBER 30, 1950 (PUBLIC LAW
874, EIGHTY-FIRST CONGRESS, AS AMENDED; //84 STAT. 1758.// 20 U.S.C.
241 - 1(A)(1) (A)), IS AMENDED BY STRIKING OUT "PURSUANT TO SECTION
102(1) OF THE DISASTER RELIEF ACT OF 1970" AND INSERTING IN LIEU THEREOF
"PURSUANT TO SECTIONS 102(2) AND 301 OF THE DISASTER RELIEF ACT OF
1974".
(F) SECTION 16(A) OF THE ACT OF SEPTEMBER 23, 1950 (79 STAT. 1158;
20 U.S.C. 646(A)) IS AMENDED BY STRIKING OUT "SECTION 102(1) OF THE
DISASTER RELIEF ACT OF 1970" AND INSERTING IN LIEU THEREOF "SECTIONS
102(2) AND 301 OF THE DISASTER RELIEF ACT OF 1974".
(G) SECTION 408(A) OF THE HIGHER EDUCATION FACILITIES ACT OF 1963 (20
U.S.C. 758(A)) IS AMENDED BY STRIKING OUT "SECTION 102(1) OF THE
DISASTER RELIEF ACT OF 1970" AND INSERTING IN LIEU THEREOF "SECTIONS
102(2) AND 301 OF THE DISASTER RELIEF ACT OF 1974".
(H) SECTION 165(H) OF THE INTERNAL REVENUE CODE 1954, RELATING TO
DISASTER LOSSES (26 U.S.C. 165(H)) //86 STAT. 656.// IS AMENDED BY
STRIKING OUT "1970" AND INSERTING IN LIEU THEREOF "1974".
(I) SECTION 5064(A) OF THE INTERNAL REVENUE CODE OF 1954 (26 U.S.C.
5064(A)), //84 STAT. 1758.// RELATING TO LOSSES CAUSED BY DISASTER, IS
AMENDED BY STRIKING OUT "THE DISASTER RELIEF ACT OF 1970" AND INSERTING
IN LIEU THEREOF "THE DISASTER RELIEF ACT OF 1974".
(J) SECTION 5708(A) OF THE INTERNAL REVENUE CODE OF 1954 (26 U.S.C.
5708(A)), RELATING TO LOSSES CAUSED BY DISASTER, IS AMENDED BY STRIKING
OUT "THE DISASTER RELIEF ACT OF 1970" AND INSERTING IN LIEU THEREOF "THE
DISASTER RELIEF ACT OF 1974".
(K) SECTION 3 OF THE ACT OF JUNE 30, 1954 (68 STAT. 330, AS AMENDED
BY 82 STAT. 1213; 48 U.S.C. 1681 NT.), //84 STAT. 1753.// IS AMENDED BY
STRIKING OUT OF THE LAST SENTENCE "SECTION 102(1) OF THE DISASTER RELIEF
ACT OF 1970" AND INSERTING IN LIEU THEREOF "SECTIONS 102(2) AND 301 OF
THE DISASTER RELIEF ACT OF 1974".
(L) SECTION 1820(F) OF TITLE 38, UNITED STATES CODE, IS AMENDED BY
STRIKING "THE DISASTER ASSISTANCE ACT OF 1970" AND INSERTING IN LIEU
THEREOF "THE DISASTER RELIEF ACT OF 1974".
(M) WHENEVER REFERENCE IS MADE IN ANY PROVISION OF LAW (OTHER THAN
THIS ACT), REGULATION, RULE, RECORD, OR DOCUMENT OF THE UNITED STATES TO
PROBVISIONS OF THE DISASTER RELIEF ACT OF 1970 (84 STAT. 1744), //4I USC
4401 NOTE.// REPEALED BY THIS ACT SUCH REFERENCE SHALL BE DEEMED TO BE A
REFERENCE TO THE APPROPRIATE PROVISION OF THIS ACT.
REPEAL OF EXISTING LAW
SEC. 603. THE DISASTER RELIEF ACT OF 1970, AS AMENDED (84 STAT.
1744), IS HEREBY REPEALED, EXCEPT SECTIONS 231, 233, 234, 235, 236, 237,
301, 302, 303, AND 304. //42 USC 4451, 38 USC 1820, 42 USC 4453 - 4456,
42 USC 4401 NOTES, 4434 NOTE.// NOTWITHSTANDING SUCH REPEAL THE
PROVISIONS OF THE DISASTER RELIEF ACT OF 1970 SHALL CONTINUE IN EFFECT
WITH RESPECT TO ANY MAJOR DISASTER DECLARED PRIOR TO THE ENACTMENT OF
THIS ACT.
PRIOR ALLOCATION OF FUNDS
SEC. 604. FUNDS HERETOFORE APPROPRIATED AND AVAILABLE UNDER PUBLIC
LAWS 91 - 606, AS AMENDED, //86 STAT. 554.// AND 92 - 385 SHALL CONTINUE
TO BE AVAILABLE FOR THE PURPOSE OF PROVIDING ASSISTANCE UNDER THOSE ACTS
AS WELL AS FOR THE PURPOSES OF THIS ACT.
EFFECTIVE DATE
SEC. 605. EXCEPT FOR SECTION 408, THIS ACT SHALL TAKE EFFECT AS OF
APRIL 1, 1974. //42 USC 5121 NOTE.//
AUTHORIZATION OF APPROPRIATIONS
SEC. 606. EXCEPT AS PROVIDED BY THE AMENDMENT MADE BY SECTION 501,
THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE PRESIDENT SUCH SUMS AS
MAY BE NECESSARY TO CARRY OUT THIS ACT THROUGH THE CLOSE OF JUNE 30,
1977. //42 USC 5202.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1037 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 778 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 10, CONSIDERED AND PASSED SENATE.
APR. 11, CONSIDERED AND PASSED HOUSE, AMENDED.
MAY 9, SENATE AGREED TO CONFERENCE REPORT.
MAY 15, HOUSE AGREED TO CONFERENCE REPORT.
WEEKLY COMPLIATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 21:
MAY 21, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-287, 88 STAT 143.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
STATE OR SUCH OFFICER AS HE MAY DESIGNATE IS AUTHORIZED TO CONCLUDE AN
AGREEMENT WITH GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA FOR
INDEMNIFICATION OF SUCH GOVERNMENT, IN ACCORDANCE WITH THE TERMS OF THE
AGREEMENT, FOR ANY LOSS OR DAMAGE SUFFERED BY OBJECTS IN THE EXHIBITION
OF THE ARCHEOLOGICAL FINDS OF THE PEOPLE'S REPUBLIC OF CHINA FROM THE
TIME SUCH OBJECTS ARE HANDED OVER IN TORONTO, CANADA, TO A
REPRESENTATIVE OF THE GOVERNMENT OF THE UNITED STATES TO THE TIME THEY
ARE HANDED OVER IN PEKING, CHINA, TO A REPRESENTATIVE OF THE GOVERNMENT
OF THE PEOPLE'S REPUBLIC CHINA.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1023 (COMM. ON FOREIGN AFFAIRS).
SENATE REPORT NO. 93 - 780 (COMM. ON FOREIGN RELATIONS)
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 10, CONSIDERED AND PASSED SENATE.
MAY 7, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-286, 88 STAT 142.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SUBSECTION (C) OF
THE ACT OF JUNE 10, 1968 (82 STAT. 174) IS AMENDED BY DELETING THE
PROVISO SO THAT SAID SUBSECTION WILL READ AS FOLLOWS: //25 USC 487.//
"(C) TITLE TO LANDS, OR ANY INTERESTS THEREIN, ACQUIRED PURSUANT TO
THIS ACT FOR THE SPOKANE TRIBE OR INDIVIDUAL ENROLLED MEMBERS THEREOF,
SHALL BE TAKEN IN THE NAME OF THE UNITED STATES OF AMERICA IN TRUST FOR
THE TRIBE OR INDIVIDUAL INDIAN, AND SHALL BE NONTAXABLE AS OTHER TRIBAL
AND ALLOTTED INDIAN TRUST LANDS OF THE SPOKANE RESERVATION."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 790 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 816 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 4, CONSIDERED AND PASSED HOUSE.
MAY 8, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-285, 88 STAT 142.
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 MINERALS, INCLUDING COAL, OIL, AND
GAS, UNDERLYING LANDS HELD IN TRUST BY THE UNITED STATES FOR THE
CHIPPEWA AND CREE INDIANS OF THE ROCKY BOY'S RESERVATION AND LANDS
LOCATED WITHIN THE LEGAL SUBDIVISION DESCRIBED IN THE ACT OF MARCH 28,
1939 (53 STAT. 552), ARE HEREBY DECLARED TO BE HELD BY THE UNITED STATES
IN TRUST FOR THE CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION,
MONTANA: PROVIDED, THAT ALL EXISTING MINERAL LEASES, INCLUDING OIL AND
GAS LEASES WHICH MAY HAVE BEEN ISSUED OR APPROVED BY THE SECRETARY OF
THE INTERIOR, OR HIS AUTHORIZED REPRESENTATIVE, PURSUANT TO THE MINERAL
LEASING ACT OF FEBRUARY 25, 1920 (41 STAT. 443), AS AMENDED, OR THE ACT
OF MAY 11, 1938 (52 STAT. 347), PRIOR TO THE EFFECTIVE DATE OF THIS ACT,
SHALL REMAIN IN FORCE AND EFFECT IN ACCORDANCE WITH THE PROVISIONS
THEREOF.
SEC. 2. ALL BONUSES, RENTS, AND ROYALTIES RECEIVED BY THE SECRETARY
OF THE INTERIOR, OR HIS AUTHORIZED REPRESENTATIVE, FROM LEASES OF LANDS
IDENTIFIED IN SECTION 1 THAT WERE ISSUED OR APPROVED BY HIM AND ARE NOW
HELD IN SPECIAL DEPOSITS, AND ALL SUCH PROCEEDS RECEIVED FROM AND AFTER
THE EFFECTIVE DATE OF THIS ACT SHALL BE DEPOSITED TO THE CREDIT OF THE
CHIPPEWA CREE TRIBE OF THE ROCKY BOY'S RESERVATION FOR SUCH BENEFICIAL
PROGRAMS AS MAY BE DETERMINED BY THE TRIBAL COUNCIL OF THE CHIPPEWA CREE
TRIBE.
SEC. 3. ALL APPLICATIONS FOR MINERALS LEASES, INCLUDING OIL AND GAS
LEASES, PURSUANT TO THE MINERAL LEASING ACT OF FEBRUARY 25, 1920,
COVERING ANY OF THE MINERALS REFERRED TO IN SECTION 1 HEREOF SHALL BE
REJECTED AND THE ADVANCE RENTAL PAYMENTS RETURNED TO THE APPLICANTS.
SEC. 4. THIS ACT SHALL HAVE NO APPLICATION TO THE NORTH HALF
NORTH-WEST QUARTER, SOUTHEAST QUARTER NORTHWEST QUARTER, NORTHEAST
QUARTER SOUTHWEST QUARTER, SOUTHEAST QUARTER SOUTHEAST QUARTER, SECTION
21; THE SOUTHWEST QUARTER SOUTHWEST QUARTER, SECTION 22; AND THE
NORTHWEST QUARTER NORTHEAST QUARTER, NORTHEAST QUARTER NORTHWEST
QUARTER, SECTION 27 OF TOWNSHIP 29 NORTH, RANGE 14 EAST, AND THE NORTH
HALF SOUTHWEST QUARTER, SECTION 23 OF TOWNSHIP 30 NORTH, RANGE 15 EAST,
M.M.; WHICH LANDS HAVE HERETOFORE BEEN PATENTED TO THE STATE OF MONTANA
WITHOUT RESERVATION OF MINERALS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 905 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 817 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 1, CONSIDERED AND PASSED HOUSE.
MAY 8, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-284, 88 STAT 141.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT STRUCTURE S-5A OF
THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, LOCATED IN PALM
PEACH COUNTY, FLORIDA, SHALL BE NAMED THE "W. TURNER WALLIS PUMPING
STATION" IN MEMORY OF THE LATE W. TURNER WALLIS, THE FIRST
SECRETARY-TREASURER AND CHIEF ENGINEER OF THE CENTRAL AND SOUTHERN
FLORIDA FLOOD CONTROL DISTRICT.
SEC. 2. ANY LAW, RULE, REGULATION, DOCUMENT, MAP, OR RECORD OF THE
UNITED STATES IN WHICH REFERENCE IS MADE TO STRUCTURE S-5A REFERRED TO
IN THE FIRST SECTION OF THIS ACT SHALL BE CONSIDERED TO BE A REFERENCE
TO THAT STRUCTURE BY THE NAME DESIGNATED FOR THE STRUCTURE IN THE FIRST
SECTION OF THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 996 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 625 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 14, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAY 6, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-283, 88 STAT 139.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT TITLE 14, UNITED
STATES CODE, IS AMENDED AS FOLLOWS:
(1) SECTION 83 //63 STAT. 500.// IS AMENDED BY INSERTING THE WORDS
"IN OR ADJACENT TO THE WATERS SUBJECT TO THE JURISDICTION OF THE UNITED
STATES, ITS TERRITORIES OR POSSESSIONS, OR THE TRUST TERRITORY OF THE
PACIFIC ISLANDS, OR ON THE HIGH SEAS IF THAT PERSON, OR PUBLIC BODY, OR
INSTRUMENTALITY IS SUBJECT TO THE JURISDICTION OF THE UNITED STATES,"
BETWEEN THE WORD "NAVIGATION" AND THE WORD "WITHOUT" IN THE FIRST
SENTENCE THEREOF.
(2) SECTION 85 IS AMENDED--//70 STAT. 226.//
(A) BY DELETING THE WORDS "ON FIXED STRUCTURES" FROM THE
CATCHLINE;
(B) BY INSERTING THE WORDS "AND FLOATING" BETWEEN THE WORD
"FIXED" AND THE WORD "STRUCTURES" IN THE FIRST SENTENCE THEREOF;
(C) BY DELETING THE WORD "NAVIGABLE" BETWEEN THE WORD "OVER"
AND THE WORD "WATERS" AND BY INSERTING THE WORDS "SUBJECT TO THE
JURISDICTION" BETWEEN THE WORD "WATERS" AND THE WORDS "OF THE
UNITED STATES"; AND
(D) BY ADDING THE FOLLOWING WORDS AT THE END OF THE FIRST
SENTENCE THEREOF: "AND IN THE HIGH SEAS FOR STRUCTURES OWNED OR
OPERATED BY PERSONS SUBJECT TO THE JURISDICTION OF THE UNITED
STATES".
(3) SECTION 86 //79 STAT. 822.// IS AMENDED BY DELETING THE WORD
"ANY" PRECEDING THE WORDS "NAVIGABLE WATERS" AND SUBSTITUTING THEREFOR
THE WORD "THE" AND BY INSERTING THE WORDS "OR WATERS ABOVE THE
CONTINENTAL SHELF" BETWEEN THE WORDS "NAVIGABLE WATERS" AND THE WORDS
"OF THE UNITED STATES" IN THE FIRST SENTENCE THEREOF.
(4) THE ANALYSIS OF CHAPTER 5 IS AMENDED BY DELETING THE WORDS "ON
FIXED STRUCTURES" IN ITEM (SECTION) 85.
(5) THE SECOND SENTENCE OF SUBSECTION (D) OF SECTION 214 //77 STAT.
178.// IS AMENDED BY CHANGING THE PERIOD AT THE END THEREOF TO A COMMA
AND BY ADDING THE FOLLOWING TO THE SENTENCE: "OR ANY REDUCTION IN THE
PAY AND ALLOWANCES TO WHICH HE WAS ENTITLED UNDER A PRIOR TEMPORARY
APPOINTMENT IN A LOWER GRADE.".
(6) SUBSECTION (A) OF SECTION 283 //77 STAT. 184.// IS AMENDED BY
INSERTING THE WORDS "HAS COMPLETED AT LEAST 20 YEARS OF ACTIVE SERVICE
OR" BETWEEN THE WORD "HE" AND THE WORD "IS" IN PARAGRAPH (3) THEREOF.
(7) SECTION 285 IS AMENDED BY INSERTING THE WORDS "HE CAN COMPLETED
AT LEAST 20 YEARS OF ACTIVE SERVICE OR IS" BETWEEN THE WORD "IF" AND THE
WORD "ELIGIBLE" IN PARAGRAPH (1) THEREOF.
(8) SECTION 288 IS AMENDED--,
(A) BY DELETING IN SUBSECTION (A) THE WORDS "IF NOT EARLIER
RETIRED," AND SUBSTITUTING THEREFOR THE WORDS "UNLESS RETIRED
UNDER SOME OTHER PROVISION OF LAW,";
(B) BY ADDING AT THE END OF SUBSECTION (A) A NEW SENTENCE AS
FOLLOWS: "AN OFFICER ADVANCED IN PRECEDENCE ON THE ACTIVE DUTY
PROMOTION LIST BECAUSE OF HIS PROMOTION RESULTING FROM SELECTION
FOR PROMOTION FROM BELOW THE ZONE IS NOT SUBJECT TO INVOLUNTARY
RETIREMENT UNDER THIS SECTION EARLIER THAN IF HE HAD NOT BEEN
SELECTED FROM BELOW THE ZONE.".
(9) SECTION 656 IS AMENDED--//77 STAT. 68.//
(A) BY AMENDING THE CATCHLINE TO READ:
CONSTRUCTION,
AND IMPROVEMENT; FOR RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION; AND FOR THE ALTERATION OF BRIDGES OVER THE
NAVIGABLE WATERS";
(B) BY REDESIGNATING SUBSECTIONS (A) AND (B) AS SUBSECTIONS (B)
AND (C), RESPECTIVELY; AND
(C) BY INSERTING A NEW SUBSECTION (A) AS FOLLOWS:
"(A) FUNDS APPROPRIATED TO OR FOR THE USE OF THE COAST GUARD FOR
ACQUISITION, CONSTRUCTION, AND IMPROVEMENT OF FACILITIES, FOR RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION; AND FOR THE ALTERATION OF BRIDGES
OVER THE NAVIGABLE WATERS SHALL REMAIN AVAILABLE UNTIL EXPENDED.".
(10) CHAPTER 17 //14 USC 631.// IS AMENDED BY ADDING THE FOLLOWING
NEW SECTION AFTER SECTION 657:
"NOT MORE THAN $15,000 PER ANNUM APPROPRIATED FOR NECESSARY EXPENSES
FOR THE OPERATION OF THE COAST GUARD SHALL BE AVAILABLE FOR
INVESTIGATIVE EXPENSES OF A CONFIDENTIAL CHARACTER, TO BE EXPENDED ON
THE APPROVAL OR AUTHORITY OF THE COMMANDANT AND PAYMENT TO BE MADE ON
HIS CERTIFICATE OF NECESSITY FOR CONFIDENTIAL PURPOSES, AND HIS
DETERMINATION SHALL BE FINAL AND CONCLUSIVE UPON THE ACCOUNTING OFFICERS
OF THE GOVERNMENT.".
(11) THE ANALYSIS OF CHAPTER 17 IS AMENDED--,
(A) BY AMENDING ITEM (SECTION) 656 TO READ:
"656. USE OF MONEYS APPROPRIATED FOR ACQUISITION,
CONSTRUCTION, AND IMPROVEMENT FOR RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION; AND FOR THE ALTERATION OF BRIDGES OVER THE NAVIGABLE
WATERS.";
(B) BY ADDING THE FOLLOWING AFTER ITEM (SECTION) 657: "658.
CONFIDENTIAL INVESTIGATIVE EXPENSES.".
(12) THE LAST SENTENCE OF SUBSECTION (A) OF SECTION 760 //63 STAT.
553; 70 STAT. 981.// IS AMENDED BY DELETING THEREIN THE FIGURE "$300"
AND SUBSTITUTING THEREFOR THE FIGURE "$600".
(13) CHAPTER 21 AMENDED BY ADDING AFTER SECTION 764 THE FOLLOWING NEW
SECTION: //70A STAT. 624; 86 STAT. 794, 14 USC 751A.//
"TO PERMIT THE ENLISTMENT OF RESERVE MEMBERS WITHOUT INTERRUPTION OF
FULL-TIME SCHOOLING IN WHICH THEY ARE ENGAGED, THE FOUR-MONTH INITIAL
PERIOD OF ACTIVE DUTY FOR TRAINING REQUIREMENT OF SUBSECTION (D) OF
SECTION 511 OF TITLE 10, UNITED STATES CODE, //77 STAT. 135; 81 STAT.
523.// MAY BE DIVIDED INTO TWO SUCCESSIVE ANNUAL PERIODS OF NOT LESS
THAN TWO MONTHS EACH.".
(14) THE ANALYSIS OF CHAPTER 21 IS AMENDED--,
(A) BY INSERTING THE FOLLOWING AFTER ITEM (SECTION) 764: "765.
ENLISTMENT OF MEMBERS ENGAGED IN SCHOOLING."; AND
(B) BY INSERTING THE FOLLOWING AFTER ITEM (SECTION) 795: "796.
FAILURE OF SELECTION FOR PROMOTION. "797. PROMOTION;
ACCEPTANCE; OATH OF OFFICE. "798. REAR ADMIRAL; MAXIMUM
SERVICE IN GRADE.".
(15) SECTION 832 //63 STAT. 556.// IS AMENDED BY ADDING AT THE END
THEREOF A NEW SENTENCE AS FOLLOWS: "THE PERFORMANCE OF A SPECIFIC DUTY
AS THE TERM IS USED IN THIS SECTION INCLUDES TIME ENGAGED IN TRAVELING
BACK AND FORTH BETWEEN THE PLACE OF ASSIGNED DUTY AND THE PERMANENT
RESIDENCE OF A MEMBER OF THE AUXILIARY."
SEC. 2. PARAGRAPHS (5) AND (8) OF SECTION 1 OF THIS ACT ARE
EFFECTIVE AS OF THE ORIGINAL DATE OF ENACTMENT OF THE SECTIONS THEREBY
AMENDED.
SEC. 3. SUBSECTION (A) OF SECTION 2683 OF TITLE 10, UNITED STATES
CODE, //86 STAT. 1154.// IS AMENDED BY DELETING THE WORDS "OF A MILITARY
DEPARTMENT" IN THE FIRST SENTENCE THEREOF AND SUBSTITUTING THEREOF THE
WORD "CONCERNED".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 509 (COMM. ON MERCHANT AND MARINE
FISHERIES).
SENATE REPORT NO. 93 - 770 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): SEPT. 18, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): APR. 8, CONSIDERED AND PASSED SENATE,
AMENDED.
MAY 1, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-282, 88 STAT 125, COMPREHENSIVE ALCOHOL ABUSE AND
ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT AMENDMENTS OF
1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
PART A--SHORT TITLE; FINDINGS AND PURPOSE
SHORT TITLE
SEC. 101. THIS TITLE MAY BE CITED AS THE "COMPREHENSIVE ALCOHOL
ABUSE AND ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT
AMENDMENTS OF 1974". //42 USC 4541 NOTE.//
FINDINGS AND PURPOSE
SEC. 102. (A) THE COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM
PREVENTION, TREATMENT, AND REHABILITATION ACT OF 1970 //84 STAT. 1848,
42 USC 4551 NOTE.// IS AMENDED BY ADDING AFTER SECTION 1 THE FOLLOWING
NEW SECTION:
"FINDINGS AND PURPOSE
"SEC. 2. (A) //42 USC 4541.// THE CONGRESS FINDS THAT--,
"(1) ALCOHOL IS ONE OF THE MOST DANGEROUS DRUGS AND THE DRUG
MOST FREQUENTLY ABUSED IN THE UNITED STATES;
"(2) OF THE NATIONS'S ESTIMATE NINETY-FIVE MILLION DRINKERS, AT
LEAST NINE MILLION, OR 7 PER CENTUM OF THE ADULT POPULATION, ARE
ALCOHOL ABUSERS AND ALCOHOLICS;
"(3) PROBLEM DRINKING COSTS THE NATIONAL ECONOMY AT LEAST
$15,000,000,000 ANNUALLY IN LOST WORKING TIME, MEDICAL AND PUBLIC
ASSISTANCE EXPENDITURES, AND POLICE AND COURT COSTS;
"(4) ALCOHOL ABUSE IS FOUND WITH INCREASING FREQUENCY AMONG
PERSONS WHO ARE MULTIPLE-DRUG ABUSERS AND AMONG FORMER HEROIN
USERS WHO ARE BEING TREATED IN METHADONE MAINTENANCE PROGRAMS;
"(5) ALCOHOL ABUSE IS BEING DISCOVERED AMONG GROWING NUMBERS OF
YOUTH; AND "(6) ALCOHOLISM IS AN ILLNESS REQUIRING TREATMENT AND
REHABILITATION THROUGH THE ASSISTANCE OF A BROAD RANGE OF
COMMUNITY HEALTH AND SOCIAL SERVICES, AND WITH THE COOPERATION OF
LAW ENFORCEMENT AGENCIES.
"(B) IT IS THE POLICY OF THE UNITED STATES AND THE PURPOSE OF THIS
ACT TO (1) APPROACH ALCOHOL ABUSE AND ALCOHOLISM FROM A COMPREHENSIVE
COMMUNITY CARE STANDPOINT, AND (2) MEET THE PROBLEMS OF ALCOHOL ABUSE
AND ALCOHOLISM NOT ONLY THROUGH FEDERAL ASSISTANCE TO THE STATES BUT
ALSO THROUGH DIRECT FEDERAL ASSISTANCE TO COMMUNITY-BASED PROGRAMS
MEETING THE URGENT NEEDS OF SPECIAL POPULATIONS AND DEVELOPING METHODS
FOR DIVERTING PROBLEM DRINKERS FROM CRIMINAL JUSTICE SYSTEMS INTO
PREVENTION AND TREATMENT PROGRAMS.".
(B) //42 USC 4542.// THE CONGRESS DECLARES THAT, IN ADDITION TO THE
PROGRAMS UNDER THE COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM
PREVENTION, TREATMENT, AND REHABILITATION ACT OF 1970, PROGRAMS UNDER
OTHER FEDERAL LAWS WHICH FEDERAL OR FEDERALLY ASSISTED RESEARCH,
PREVENTION, TREATMENT, OR REHABILITATION IN THE FIELDS IN HEALTH AND
SOCIAL SERVICES SHOULD BE APPROPRIATELY UTILIZED TO HELP ERADICATE
ALCOHOL ABUSE AND ALCOHOLISM AS A MAJOR PROBLEM.
PART B--GRANTS TO STATES
PROGRAM EXTENSION
SEC. 105. (A) SECTION 301 OF THE COMPREHENSIVE ALCOHOL ABUSE AND
ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT OF 1970 //84
STAT. 1849; 86 STAT. 1167, 42 USC 4571.// IS AMENDED BY INSERTING
IMMEDIATELY AFTER "FOR EACH OF THE NEXT TWO FISCAL YEARS" THE FOLLOWING:
", $80,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND
$80,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976,".
(B) THE SECTION HEADING FOR SUCH SECTION IS AMENDED TO READ AS
FOLLOWS:
"AUTHORIZATION FOR FORMULA GRANTS".
PROGRAM INPROVEMENTS
SEC. 106. (A)(1) SECTION 302 OF SUCH ACT //42 USC 5472.// IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(D) ON THE REQUEST OF ANY STATE, THE SECREATARY IS AUTHORIZED TO
ARRANGE FOR THE ASSIGNMENT OF OFFICERS AND EMPLOYEES OF THE DEPARTMENT
OR PROVIDE EQUIPMENT OR SUPPLIES IN LIEU OF A PORTION OF THE ALLOTMENT
OF SUCH STATE. THE ALLOTMENT MAY BE REDUCED BY THE FAIR MARKET VALUE OF
ANY EQUIPMENT OR SUPPLIES FURNISHED TO SUCH STATE AND BY THE AMOUNT OF
THE PAY, ALLOWANCES, TRAVELING EXPENSES, AND ANY OTHER COSTS IN
CONNECTION WITH THE DETAIL OF AN OFFICER OR EMPLOYEE TO THE STATE. THE
AMOUNT BY WHICH SUCH PAYMENTS ARE SO REDUCED SHALL BE AVAILABLE FOR
PAYMENT OF SUCH COSTS (INCLUDING THE COSTS OF SUCH EQUIPMENT AND
SUPPLIES) BY THE SECRETARY, BUT SHALL FOR PURPOSES OF DETERMINING THE
ALLOTMENT UNDER SECTION 302(A), BE DEEMED TO HAVE BEEN PAID TO THE
STATE.".
(2) SECTION 302(B) OF SUCH ACT IS AMENDED (A) BY STRIKING OUT IN THE
FIRST SENTENCE "SO ALLOTTED TO A STATE" AND INSERTING IN LIEU THEREOF
"ALLOTTED TO A STATE IN A FISCAL YEAR"; AND (B) BY STRIKING OUT IN THE
SECOND SENTENCE "FOR A FISCAL YEAR" AND INSERTING IN LIEU THEREOF "IN A
FISCAL YEAR".
(B) SECTION 303(A) OF SUCH ACT IS AMENDED--, //42 USC 4573.//
(1) BY STRIKING OUT IN PARAGRAPH (3) "OR GROUPS" AND INSERTING
IN LIEU THEREOF, "OF GROUPS TO BE SERVED WITH ATTENTION TO
ASSURING REPRESENTATION OF MINORITY AND POVERTY GROUPS";
(2) BY STRIKING OUT "AND" AT THE END OF PARAGRAPH (9);
(3) BY REDESIGNATING PARAGRAPH (10) AS PARAGRAPH (11); AND
(4) BY ADDING AFTER PARAGRAPH (9) THE FOLLOWING NEW PARAGRAPH:
"(10) SET FORTH, IN ACCORDANCE WITH CRITERIA TO BE SET BY THE
SECRETARY, STANDARDS (INCLUDING ENFORCEMENT PROCEDURES AND
PENALTIES) FOR (A) CONSTRUCTION AND LICENSING OF PUBLIC AND
PRIVATE TREATMENT FACILITIES, AND (B) FOR OTHER COMMUNITY SERVICES
OR RESOURCES AVAILABLE TO ASSIST INDIVIDUALS TO MEET PROBLEMS
RESULTING FROM ALCOHOL ABUSE; AND".
UNIFORM ALCOHOLISM AND INTOXICATION TREATMENT ACT
SEC. 107. PART A OF TITLE III OF SUCH ACT //84 STAT. 1849. 42 USC
4571.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SECTION:
"SPECIAL GRANTS FOR IMPLEMENTATION OF THE UNIFORM ALCOHOLISM
AND INTOXICATION TREATMENT ACT
"SEC. 304. (A) //42 USC 4574.// TO ASSIST STATES WHICH HAVE ADOPTED
THE BASIC PROVISIONS OF THE UNIFORM ALCOHOLISM AND INTOXICATION
TREATMENT ACT (HEREINAFTER IN THIS SECTION REFERRED TO AS THE 'UNIFORM
ACT') TO UTILIZE FULLY THE PROTECTIONS OF THE UNIFORM ACT IN THEIR
EFFORTS TO APPROACH ALCOHOL ABUSE AND ALCOHOLISM FROM A COMMUNITY CARE
STANDPOINT, THE SECRETARY, ACTING THROUGH THE INSTITUTE, SHALL, DURING
THE PERIOD BEGINNING JULY 1, 1974, AND ENDING JUNE 30, 1977, MAKE GRANTS
TO SUCH STATES FOR THE IMPLEMENTATION OF THE UNIFORM ACT. A GRANT UNDER
THIS SECTION TO ANY STATE MAY ONLY BE MADE FOR THAT STATE'S COSTS (AS
DETERMINED IN ACCORDANCE WITH REGULATIONS WHICH THE SECRETARY SHALL
PROMULGATE NOT LATER THAN JULY 1, 1974) IN IMPLEMENTING THE UNIFORM ACT
FOR A PERIOD WHICH DOES NOT EXCEED ONE YEAR FROM THE FIRST DAY OF THE
FIRST MONTH FOR WHICH THE GRANT IS MADE. NO STATE MAY RECEIVE MORE THAN
THREE GRANTS UNDER THIS SECTION.
"(B) NO GRANT MAY BE MADE UNDER THIS SECTION 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 AN APPLICATION OF A STATE UNDER THIS SECTION
UNLESS HE DETERMINES THE FOLLOWING:
"(1) THE STATE AND EACH OF ITS POLITICAL SUBDIVISIONS ARE
COMMITTED TO THE CONCEPT OF CARE FOR ALCOHOLISM AND ALCOHOL ABUSE
THROUGH COMMUNITY HEALTH AND SOCIAL SERVICE AGENCIES, AND, IN
ACCORDANCE WITH THE PURPOSES OF SECTIONS 1 AND 19 OF THE UNIFORM
ACT, HAVE REPEALED THOSE PORTIONS OF THEIR CRIMINAL STATUTES AND
ORDINANCES UNDER WHICH DRUNKENESS IS THE GRAVAMEN OF A PETTY
CRIMINAL OFFENSE, SUCH A LOITERING, VAGRANCY, OR DISTURBING THE
PEACE.
"(2) THE LAWS OF THE STATE RESPECTING ACCEPTANCE OF INDIVIDUALS
INTO ALCOHOLISM AND INTOXICATION TREATMENT PROGRAMS ARE IN
ACCORDANCE WITH THE FOLLOWING STANDARDS OF ACCEPTANCE OF
INDIVIDUALS FOR SUCH TREATMENT (CONTAINED IN SECTION 10 OF THE
UNIFORM ACT):
"(A) A PATIENT SHALL, IF POSSIBLE, BE TREATED ON A VOLUNTARY
RATHER THAN AN INVOLUNTARY BASIS.
"(B) A PATIENT SHALL BE INITIALLY ASSIGNED OR TRANSFERRED TO
OUTPATIENT OR INTERMEDIATE TREATMENT, UNLESS HE IS FOUND TO
REQUIRE INPATIENT TREATMENT.
"(C) A PERSON SHALL NOT BE DENIED TREATMENT SOLELY BECAUSE HE
HAS WITHDRAWN FROM TREATMENT AGAINST MEDICAL ADVICE ON A PRIOR
OCCASION OR BECAUSE HE HAS RELAPSED AFTER EARLIER TREATMENT.
"(D) AN INDIVIDUALIZED TREATMENT PLAN SHALL BE PREPARED AND
MAINTAINED ON A CURRENT BASIS FOR EACH PATIENT.
"(E) PROVISION SHALL BE MADE FOR A CONTINUUM OF COORDINATED
TREATMENT SERVICES SO THAT A PERSON WHO LEAVES A FACILITY OR A
FORM OF TREATMENT WILL HAVE AVAILABLE AND UTILIZE OTHER
APPROPRIATE TREATMENT.
(3) THE LAWS OF THE STATE RESPECTING INVOLUNTARY COMMITTMENT OF
ALCOHOLICS ARE CONSISTENT WITH THE PROVISIONS OF SECTION 14 OF THE
UNIFORM ACT WHICH PROTECT INDIVIDUAL RIGHTS.
"(4) THE APPLICATION OF THE STATE CONTAINS SUCH ASSURANCES AS
THE SECRETARY MAY REQUIRE TO CARRY OUT THE PURPOSES OF THIS
SECTION.
FOR PURPOSES OF SUBSECTION (A), THE TERM 'BASIC PROVISIONS OF THE
UNIFORM ALCOHOLISM AND INTOXICATION TREATMENT ACT' SHALL NOT IN THE CASE
OF A STATE WHICH HAS A STATE PLAN APPROVED UNDER SECTION 303 //84 STAT.
1850. 42 USC 4573.// INCLUDE ANY PROVISION OF THE UNIFORM ACT RESPECTING
THE ORGANIZATION OF SUCH STATE'S TREATMENT PROGRAMS (AS DEFINED IN THE
UNIFORM ACT) WHICH ARE INCONSISTENT WITH THE REQUIREMENTS OF SUCH STATE
PLAN.
"(C) THE AMOUNT OF ANY GRANT UNDER THIS SECTION TO ANY STATE FOR ANY
FISCAL YEAR MAY NOT EXCEED THE SUM OF $100,000 AND AN AMOUNT EQUAL TO 10
PER CENTUM OF THE ALLOTMENT OF SUCH STATE FOR SUCH FISCAL YEAR UNDER
SECTION 302 OF THIS ACT. //42 USC 4572.// PAYMENTS UNDER GRANTS UNDER
THIS SECTION MAY BE MADE IN ADVANCE OR BY WAY OF REIMBURSEMENT, AND AT
SUCH INTERVALS AND ON SUCH CONDITIONS, AS THE SECRETARY FINDS NECESSARY.
"(D) FOR THE PURPOSE OF MAKING PAYMENTS UNDER GRANTS UNDER THIS
SECTION, THERE ARE AUTHORIZED TO BE APPROPRIATED $13,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1975, AND FOR EACH OF THE NEXT TWO FISCAL
YEARS.".
CONFORMING AMENDMENT
SEC. 108. THE HEADING FOR PART A OF TITLE III OF SUCH ACT IS AMENDED
BY STRIKING OUT "FORMULA GRANTS" AND INSERTING IN LIEU THEREOF "GRANTS
TO STATES".
PART C--PROJECT GRANTS AND CONTRACTS
GRANTS AND CONTRACTS FOR PREVENTION AND TDREATMENT PROJECTS
SEC. 111. SECTION 311 OF THE COMPREHENSIVE ALCOHOL AVUSE AND
ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT OF 1970 IS
AMENDED TO READ AS FOLLOWS: //84 STAT. 1851; 87 STAT. 94. 42 USC
4577.//
"GRANTS AND CONTRACTS FOR THE PREVENTION AND TREATMENT OF
ALCOHOL ABUSE AND ALCOHOLISM
"SEC. 311. (A) THE SECRETARY, ACTING THROUGH THE INSTITUTE, MAY MAKE
GRANTS TO PUBLIC AND NONPROFIT PRIVATE ENTITIES AND MAY ENTER INTO
CONTRACTS WITH PUBLIC AND PRIVATE ENTITIES AND WITH INDVIDUALS--,
"(1) TO CONDUCT DEMONSTRATION, SERVICE, AND EVALUATION
PROJECTS,
"(2) TO PROVIDE EDUCATION AND TRAINING,
"(3) TO PROVIDE PROGRAMS AND SERVICES IN COOPERATION WITH
SCHOOLS, COURTS, PENAL INSTITUTIONS, AND OTHER PUBLIC AGENCIES,
AND
"(4) TO PROVIDE COUNSELING AND EDUCATION ACTIVITIES ON AN
INDIVIDUAL OR COMMUNITY BASIS,
FOR THE PREVENTION AND TREATMENT OF ALCOHOL ABUSE AND ALCOHOLISM AND FOR
THE REHABILITATION OF ALCOHOL ABUSERS AND ALCOHOLICS.
"(B) PROJECTS AND PROGRAMS FOR WHICH GRANTS AND CONTRACTS ARE MADE
UNDER THIS SECTION SHALL (1) WHENEVER POSSIBLE, BE COMMUNITY BASED, SEEK
TO INSURE CARE OF GOOD QUALITY IN GENERAL COMMUNITY CARE FACILITIES AND
UNDER HEALTH INSURANCE PLANS, AND BE INTEGRATED WITH, AND PROVIDE FOR
THE ACTIVE PARTICIPATION OF, A WIDE RANGE OF PUBLIC AND NONGOVERNMENTAL
AGENCIES, ORGANIZATIONS, INSTITUTIONS, AND INDIVIDUALS; AND (2) WHERE
APPROPRIATE UTILIZE EXISTING COMMUNITY RESOURCES (INCLUDING COMMUNITY
MENTAL HEALTH CENTERS).
"(C)(1) IN ADMINISTERING THIS SECTION, THE SECRETARY SHALL REQUIRE
COORDINATION OF ALL APPLICATIONS FOR PROJECTS AND PROGRAMS IN A STATE.
"(2) EACH APPLICANT FROM WITHIN A STATE, UPON FILING ITS APPLICATION
WITH THE SECRETARY FOR A GRANT OR CONTRACT UNDER THIS SECTION, SHALL
SUBMIT A COPY OF ITS APPLICATION FOR REVIEW BY THE STATE AGENCY
DESIGNATED UNDER SECTION 303 OF THIS ACT, IF SUCH DESIGNATION HAS BEEN
MADE. SUCH STATE AGENCY SHALL BE GIVEN NOT MORE THAN THIRTY DAYS FROM
THE DATE OF RECEIPT OF THE APPLICATION TO SUBMIT TO THE SECRETARY, IN
WRITING, AN EVALUATION OF THE PROJECT OR PROGRAM SET FORTH IN THE
APPLICATION. SUCH EVALUATION SHALL INCLUDE COMMENTS ON THE RELATIONSHIP
OF THE PROJECT TO OTHER PROJECTS AND PROGRAMS PENDING AND APPROVED AND
TO THE STATE COMPREHENSIVE PLAN FOR TREATMENT AND PREVENTION OF ALCOHOL
ABUSE AND ALCOHOLISM UNDER SECTION 303. //84 STAT. 1850. 42 USC 4573.//
THE STATE SHALL FURNISH THE APPLICANT A COPY OF ANY SUCH EVALUATION.
"(3) APPROVAL OF ANY APPLICATION FOR A GRANT OR CONTRACT BY THE
SECRETARY, INCLUDING THE EARMARKING OF FINANCIAL ASSISTANCE FOR A
PROGRAM OR PROJECT, MAY BE GRANTED ONLY IF THE APPLICATION SUBSTANTIALLY
MEETS A SET OF CRITERIA ESTABLISHED BY THE SECRETARY THAT--,
"(A) PROBIDES THAT THE PROJECTS AND PROGRAMS FOR WHICH
ASSISTANCE UNDER THIS SECTION IS SOUGHT WILL BE SUBSTANTIALLY
ADMINISTERED BY OR UNDER THE SUPERVISION OF THE APPLICANT;
"(B) PROVIDES FOR SUCH METHODS OF ADMINISTRATION AS ARE
NECESSARY FOR THE PROPER AND EFFICIENT OPERATION OF SUCH PROGRAMS
AND PROJECTS;
"(C) PROVIDES FOR SUCH FISCAL CONTROL AND FUND ACCOUNTING
PROCEDURES AS MAY BE NECESSARY TO ASSURE PROPER DISBURSEMENT OF
AND ACCOUNTING FOR FEDERAL FUNDS PAID TO THE APPLICANT; AND
"(D) PROVIDES REASONABLE ASSURANCE THAT FEDERAL FUNDS MADE
AVAILABLE UNDER THIS SECTION FOR ANY PERIOD WILL BE SO USED AS TO
SUPPLEMENT AND INCREASE, TO THE EXTENT FEASIBLE AND PRACTICAL, THE
LEVEL OF STATE, LOCAL, AND OTHER NON-FEDERAL FUNDS THAT WOULD IN
THE ABSENCE OF SUCH FEDERAL FUNDS BE MADE AVAILABLE FOR THE
PROJECTS AND PROGRAMS DESCRIBED IN THIS SECTION, AND WILL IN NO
EVENT SUPPLANT SUCH STATE, LOCAL, AND OTHER NON-FEDERAL FUNDS.
"(D) TO MAKE PAYMENTS UNDER GRANTS AND CONTRACTS UNDER THIS SECTION,
THERE ARE AUTHORIZED TO BE APPROPRIATED $80,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, AND $95,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1976.".
PART D--ADMISSION TO HOSPITALS; CONFIDENTIALITY OF RECORDS
HOSPITAL ADMISSIONS
SEC. 121. (A) SECTION 321 OF THE COMPREHENSIVE ALCOHOL ABUSE AND
ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT OF 1970 IS
AMENDED TO READ AS FOLLOWS: //84 STAT. 1852, 42 USC 4581.//
"ADMISSION OF ALCOHOL ABUSERS AND ALCOHOLICS TO PRIVATE AND
PUBLIC HOSPITALS
"SEC. 321. (A) ALCOHOL ABUSERS AND ALCOHOLICS WHO ARE SUFFERING FROM
MEDICAL CONDITIONS SHALL NOT BE DISCRIMINATED AGAINST IN ADMISSION OR
TREATMENT, SOLELY BECAUSE OF THEIR ALCOHOL ABUSE OR ALCOHOLISM, BY ANY
PRIVATE OR PUBLIC GENERAL HOSPITAL WHICH RECEIVES SUPPORT IN ANY FORM
FROM ANY PROGRAM SUPPORTED IN WHOLE OR IN PART BY FUNDS APPROPRIATED TO
ANY FEDERAL DEPARTMENT OR AGENCY.
"(B)(1) THE SECRETARY IS AUTHORIZED TO MAKE REGULATIONS FOR THE
ENFORCEMENT OF THE POLICY OF SUBSECTION (A) WITH RESPECT TO THE
ADMISSION AND TREATMENT OF ALCOHOL ABUSERS AND ALCOHOLICS IN HOSPITALS
WHICH RECEIVE SUPPORT OF ANY KIND FROM ANY PROGRAM ADMINISTERED BY THE
SECRETARY. SUCH REGULATIONS SHALL INCLUDE PROCEDURES FOR DETERMINING
(AFTER OPPORTUNITY FOR A HEARING IF REQUESTED) IF A VIOLATION OF
SUBSECTION (A) HAS OCCURRED, NOTIFICATION OF FAILURE TO COMPLY WITH SUCH
SUBSECTION, AND OPPORTUNITY FOR A VIOLATOR TO COMPLY WITH SUCH
SUBSECTION. IF THE SECRETARY DETERMINES THAT A HOSPITAL SUBJECT TO SUCH
REGULATIONS HAS VIOLATED SUBSECTION (A) AND SUCH VIOLATION CONTINUES
AFTER AN OPPORTUNITY HAS BEEN AFFORDED FOR COMPLIANCE, THE SECRETARY MAY
SUSPEND OR REVOKE, AFTER OPPORTUNITY FOR A HEARING, ALL OR PART OF ANY
SUPPORT OF ANY KIND RECEIVED BY SUCH HOSPITAL FROM ANY PROGRAM
ADMINISTERED BY THE SECRETARY. THE SECRETARY MAY CONSULT WITH THE
OFFICIALS RESPONSIBLE FOR THE ADMINISTRATION OF ANY OTHER FEDERAL
PROGRAM FROM WHICH SUCH HOSPITAL RECEIVES SUPPORT OF ANY KIND, WITH
RESPECT TO THE SUSPENSION OR REVOCATION OF SUCH OTHER FEDERAL SUPPORT
FOR SUCH HOSPITAL.
"(2) THE ADMINISTRATOR OF VETERANS' AFFAIRS, THROUGH THE CHIEF
MEDICAL DIRECTOR, SHALL, TO THE MAXIMUM FEASIBLE EXTENT CONSISTENT WITH
THEIR RESPONSIBILITIES UNDER TITLE 38, UNITED STATES CODE, //72 STAT.
1106, 38 USC 101 ET. SEQ.// PRESCRIBE REGULATIONS MAKING APPLICABLE THE
REGULATIONS PRESCRIBED BY THE SECRETARY UNDER PARAGRAPH (1) OF THIS
SUBSECTION TO THE PROVISION OF HOSPITAL CARE, NURSING HOME CARE,
DOMICILIARY CARE, AND MEDICAL SERVICES UNDER SUCH TITLE 38 TO VETERANS
SUFFERING FROM ALCOHOL ABUSE OR ALCOHOLISM. IN PRESCRIBING AND
IMPLEMENTING REGULATIONS PURSUANT TO THIS PARAGRAPH, THE ADMINISTRATOR
SHALL, FROM TIME TO TIME, CONSULT WITH THE SECRETARY IN ORDER TO ACHIEVE
THE MAXIMUM POSSIBLE COORDINATION OF THE REGULATIONS, AND THE
IMPLEMENTATION THEREOF, WHICH THEY EACH PRESCRIBE.".
(B) THE ADMINISTRATOR OF VETERANS' AFFAIRS SHALL SUBMIT TO THE
APPROPRIATE COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE A
FULL REPORT (1) ON THE REGULATIONS (INCLUDING GUIDELINES, POLICIES, AND
PROCEDURES THEREUNDER) HE HAS PRESCRIBED PURSUANT TO SECTION 321(B)(2)
OF THE COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM PREVENTION, TREATMENT,
AND REHABILITATION ACT OF 1970, //42 USC 4581 NOTE, ANTE, P. 130.// (2)
EXPLAINING THE BASES FOR ANY INCONSISTENCY BETWEEN SUCH REGULATIONS AND
REGULATIONS OF THE SECRETARY UNDER SECTION 321(B)(1) OF SUCH ACT, (3) ON
THE EXTENT, SUBSTANCE, AND RESULTS OF HIS CONSULTATIONS WITH THE
SECRETARY RESPECTING THE PRESCRIBING AND IMPLEMENTATION OF THE
ADMINISTRATOR'S REGULATIONS, AND (4) CONTAINING SUCH RECOMMENDATIONS FOR
LEGISLATION AND ADMINISTRATIVE ACTIONS AS HE DETERMINES ARE NECESSARY
AND DESIRABLE. THE ADMINISTRATOR SHALL SUBMIT SUCH REPORT NOT LATER
THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THE REGULATIONS PRESCRIBED
BY THE SECRETARY UNDER SUCH SECTION 321(B)(1), AND SHALL TIMELY PUBLISH
SUCH REPORT IN THE FEDERAL REGISTER.
CONFIDENTIALITY
SEC. 122. (A) SECTION 333 OF SUCH ACT IS AMENDED TO READ AS FOLLOWS:
//84 STAT. 1853, 42 USC 4582.//
"CONFIDENTIALITY OF RECORDS
"SEC. 333. (A) RECORDS OF THE IDENTITY, DIAGNOSIS, PROGNOSIS, OR
TREATMENT OF ANY PATIENT WHICH ARE MAINTAINED IN CONNECTION WITH THE
PERFORMANCE OF ANY PROGRAM OR ACTIVITY RELATING TO ALCOHOLISM OR ALCOHOL
ABUSE EDUCATION, TRAINING, TREATMENT, REHABILITATION, OR RESEARCH, WHICH
IS CONDUCTED, REGULATED, OR DIRECTLY OR INDIRECTLY ASSISTED BY ANY
DEPARTMENT OR AGENCY OF THE UNITED STATES SHALL, EXCEPT AS PROVIDED IN
SUBSECTION (E), BE CONFIDENTIAL AND BE DISCLOSED ONLY FOR THE PURPOSES
AND UNDER THE CIRCUMSTANCES EXPRESSLY AUTHORIZED UNDER SUBSECTION (B) OF
THIS SECTION.
"(B)(1) THE CONTENT OF ANY RECORD REFERRED TO IN SUBSECTION (A) MAY
BE DISCLOSED IN ACCORDANCE WITH THE PRIOR WRITTEN CONSENT OF THE PATIENT
WITH RESPECT TO WHOM SUCH RECORD IS MAINTAINED, BUT ONLY TO SUCH EXTENT,
UNDER SUCH CIRCUMSTANCES, AND FOR SUCH PURPOSES AS MAY BE ALLOWED UNDER
REGULATIONS PRESCRIBED PURSUANT TO SUBSECTION (G).
"(2) WHETHER OR NOT THE PATIENT, WITH RESPECT TO WHOM ANY GIVEN
RECORD REFERRED TO IN SUBSECTION (A) OF THIS SECTION IS MAINTAINED,
GIVES HIS WRITTEN CONSENT, THE CONTENT OF SUCH RECORD MAY BE DISCLOSED
AS FOLLOWS:
"(A) TO MEDICAL PERSONNEL TO THE EXTENT NECESSARY TO MEET A
BONA FIDE MEDICAL EMERGENCY.
"(B) TO QUALIFIED PERSONNEL FOR THE PURPOSE OF CONDUCTING
SCIENTIFIC RESEARCH, MANAGEMENT AUDITS, FINANCIAL AUDITS, OR
PROGRAM EVALUATION, BUT SUCH PERSONNEL MAY NOT IDENTIFY, DIRECTLY
OR INDIRECTLY, ANY INDIVIDUAL PATIENT IN ANY REPORT OF SUCH
RESEARCH, AUDIT, OR EVALUATION, OR OTHERWISE DISCLOSE PATIENT
IDENTITIES IN ANY MANNER.
"(C) IF AUTHORIZED BY AN APPROPRIATE ORDER OF A COURT OF
COMPETENT JURISDICTION GRANTED AFTER APPLICATION SHOWING GOOD
CAUSE THEREFOR. IN ASSESSING GOOD CAUSE THE COURT SHALL WEIGH THE
PUBLIC INTEREST AND THE NEED FOR DISCLOSURE AGAINST THE INJURY TO
THE PATIENT, TO THE PHYSICIAN-PATIENT RELATIONSHIP, AND TO THE
TDREATMENT SERVICES. UPON THE GRANTING OF SUCH ORDER, THE COURT,
IN DETERMINING THE EXTENT TO WHICH ANY DISCLOSURE OF ALL OR ANY
PART OF ANY RECORD IS NECESSARY, SHALL IMPOSE APPROPRIATE
SAFEGUARDS AGAINST UNAUTHORIZED DISCLOSURE.
"(C) EXCEPT AS AUTHORIZED BY A COURT ORDER GRANTED SUBSECTION (B)(
2)(C) OF THIS SECTION, NO RECORD REFERRED TO IN SUBSECTION (A) MAY BE
USED TO INITIATE OR SUBSTANTIATE ANY CRIMINAL CHARGES AGAINST A PATIENT
OR TO CONDUCT ANY INVESTIGATION OF A PATIENT.
"(D) THE PROHIBITIONS OF THIS SECTION CONTINUE TO APPLY TO RECORDS
CONCERNING ANY INDIVIDUAL WHO HAS BEEN A PATIENT, IRRESPECTIVE OF
WHETHER OR WHEN HE CEASES TO BE A PATIENT.
"(E) THE PROHIBITIONS OF THIS SECTION DO NOT APPLY TO ANY INTERCHANGE
OF RECORDS--,
"(1) WITHIN THE ARMED FORCES OR WITHIN THOSE COMPONENTS OF THE
VETERANS' ADMINISTRATION FURNISHING HEALTH CARE TO VETERANS, OR
"(2) BETWEEN SUCH COMPONENTS AND THE ARMED FORCES.
"(F) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION OR ANY
REGULATION ISSUED PURSUANT TO THIS SECTION SHALL BE FINED NOT MORE THAN
$500 IN THE CASE OF A FIRST OFFENSE, AND NOT MORE THAN $5,000 IN THE
CASE OF EACH SUBSEQUENT OFFENSE.
"(G) EXCEPT AS PROVIDED IN SUBSECTION (H) OF THIS SECTION, THE
SECRETARY SHALL PRESCRIBE REGULATIONS TO CARRY OUT THE PURPOSES OF THIS
SECTION. THESE REGULATIONS MAY CONTAIN SUCH DEFINITIONS, AND MAY
PROVIDE FOR SUCH SAFEGUARDS AND PROCEDURES, INCLUDING PROCEDURES AND
CRITERIA FOR THE ISSUANCE AND SCOPE OF ORDERS UNDER SUBSECTION (C)(2)(
C), AS IN THE JUDGMENT OF THE SECRETARY ARE NECESSARY OR PROPER TO
EFFECTUATE THE PURPOSES OF THIS SECTION, TO PREVENT CIRCUMVENTION OR
EVASION THEREOF, OR TO FACILITATE COMPLIANCE THEREWITH.
"(H) THE ADMISTRATOR OF VETERANS' AFFAIRS, THROUGH THE CHIEF MEDICAL
DIRECTOR, SHALL, TO THE MAXIMUM FEASIBLE EXTENT CONSISTENT WITH THEIR
RESPONSIBILITIES UNDER TITLE 38, UNITED STATES CODE, //72 STAT. 1106, 38
USC 101 ET SEQ.// PRESCRIBE REGULATIONS MAKING APPLICABLE THE
REGULATIONS PRESCRIBED BY THE SECRETARY UNDER SUBSECTION (G) OF THIS
SECTION TO RECORDS MAINTAINED IN CONNECTION WITH THE PROVISION OF
HOSPITAL CARE, NURSING HOME CARE, DOMICILIARY CARE, AND MEDICAL SERVICES
UNDER SUCH TITLE 3, TO VETERANS SUFFERING FROM ALCOHOL ABUSE OR
ALCOHOLISM. IN PRESCRIBING AND IMPLEMENTING REGULATIONS PURSUANT TO
THIS SUBSECTION, THE ADMINISTRATOR SHALL, FROM TIME TO TIME, CONSULT
WITH THE SECRETARY IN ORDER TO ACHIEVE THE MAXIMUM POSSIBLE COORDINATION
OF THE REGULATIONS, AND THE IMPLEMENTATION THEREOF, WHICH THEY EACH
PRESCRIBE.".
(B) SECTION 303(A) OF THE PUBLIC HEALTH SERVICE ACT (42 U.S.C. 242A(
A)) //70 STAT. 929; 84 STAT. 1241.// IS AMENDED BY STRIKING OUT "THE
USE AND EFFECT OF DRUGS" AND INSERTING IN LIEU THEREOF "MENTAL HEALTH,
INCLUDING RESEARCH ON THE USE AND EFFECT OF ALCOHOL AND OTHER
PSYCHOACTIVE DRUGS,".
(C) THE ADMINISTRATOR OF VETERANS' AFFAIRS SHALL SUBMIT TO THE
APPROPRIATE COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE A
FULL REPORT (1) ON THE REGULATIONS (INCLUDING GUIDELINES, POLICIES, AND
PROCEDURES THEREUNDER) HE HAS PRESCRIBED PURSUANT TO SECTION 333(H) OF
THE COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM PREVENTION, TREATMENT,
AND REHABILITATION ACT OF 1970. //42 USC 4582 NOTE, ANTE, P. 132.// (2)
EXPLAINING THE BASIS FOR ANY INCONSISTENCY BETWEEN SUCH REGULATIONS AND
REGULATIONS OF THE SECRETARY UNDER SECTION 333(G) OF SUCH ACT, (3) ON
THE EXTENT, SUBSTANCE, AND RESULTS OF HIS CONSULTATIONS WITH THE
SECRETARY RESPECTING THE PRESCRIBING AND IMPLEMENTATION OF THE
ADMINISTRATOR'S REGULATIONS, AND (4) CONTAINING SUCH RECOMMENDATIONS FOR
LEGISLATION AND ADMINISTRATIVE ACTIONS AS HE DETERMINES ARE NECESSARY
AND DESIRABLE. THE ADMINISTRATOR SHALL SUBMIT SUCH REPORT NOT LATER
THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THE REGULATIONS PRESCRIBED
BY THE SECRETARY UNDER SUCH SECTION 333(G), AND SHALL TIMELY PUBLISH
SUCH REPORT IN THE FEDERAL REGISTER.
PART E--INTERAGENCY COMMITTEE
INTERAGENCY COMMITTEE
SEC. 131. TITLE I OF THE COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM
PREVENTION, TREATMENT, AND REHABILITATION ACT OF 1970 IS AMENDED BY
ADDING AT THE END THE FOLLOWING: //84 STAT. 1848, 42 USC 4551.//
"INTERAGENCY COMMITTEE ON FEDERAL ACTIVITIES FOR ALCOHOL ABUSE
AND ALCOHOLISM
"SEC. 103. (A) //42 USC 45539// THE SECRETARY SHALL ESTABLISH AN
INTERAGENCY COMMITTEE ON FEDERAL ACTIVITIES FOR ALCOHOL ABUSE AND
ALCOHOLISM (HEREINAFTER IN THIS SECTION REFERRED TO AS THE 'COMMITTEE').
THE COMMITTEE SHALL (1) EVALUATE THE ADEQUACY AND TECHNICAL SOUNDNESS
OF ALL FEDERAL PROGRAMS AND ACTIVITIES WHICH RELATE TO ALCOHOLISM AND
ALCOHOL ABUSE AND PROVIDE FOR THE COMMUNICATION AND EXCHANGE OF
INFORMATION NECESSARY TO MAINTAIN THE COORDINATION AND EFFECTIVENESS OF
SUCH PROGRAMS AND ACTIVITIES, AND (2) SEEK TO COORDINATE EFFORTS
UNDERTAKEN TO DEAL WITH ALCOHOL ABUSE AND ALCOHOLISM IN CARRYING OUT
FEDERAL HEALTH, WELFARE, REHABILITATION, HIGHWAY SAFETY, LAW
ENFORCEMENT, AND ECONOMIC OPPORTUNITY LAWS.
"(B) THE SECRETARY OR THE DIRECTOR OF THE NATIONAL INSTITUTE ON
ALCOHOL ABUSE AND ALCOHOLISM (OR THE DIRECTOR'S DESIGNEE) SHALL SERVE AS
CHAIRMAN OF THE COMMITTEE, THE MEMBERSHIP OF WHICH SHALL INCLUDE (1)
APPROPRIATE SCIENTIFIC, MEDICAL, OR TECHNICAL REPRESENTATION FROM THE
DEPARTMENT OF TRANSPORTATION, THE DEPARTMENT OF JUSTICE, THE DEPARTMENT
OF DEFENSE, THE VETERANS' ADMINISTRATION, AND SUCH OTHER FEDERAL
AGENCIES AND OFFICES (INCLUDING APPROPRIATE AGENCIES AND OFFICES OF THE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE) AS THE SECRETARY
DETERMINES ADMINSTER PROGRAMS DIRECTLY AFFECTING ALCOHOLISM AND ALCOHOL
ABUSE, AND (2) FIVE INDIVIDUALS FROM THE GENERAL PUBLIC APPOINTED BY THE
SECRETARY FROM INDIVIDUALS WHO BY VIRTUE OF THEIR TRAINING OR EXPERIENCE
ARE PARTICULARLY QUALIFIED TO PARTICIPATE IN THE PERFORMANCE OF THE
COMMITTEE'S FUNCTIONS. THE COMMITTEE SHALL MEET AT THE CALL OF THE
CHAIRMAN, BUT NOT LESS OFTEN THAN FOUR TIMES A YEAR.
"(C) EACH APPOINTED MEMBER OF THE COMMITTEE SHALL BE APPOINTED FOR A
TERM OF FOUR YEARS, EXCEPT THAT--,
"(1) 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
"(2) OF THE MEMBERS FIRST APPOINTED, TWO SHALL BE APPOINTED FOR
A TERM OF FOUR YEARS, TWO SHALL BE APPOINTED FOR A TERM OF THREE
YEARS, AND ONE SHALL BE APPOINTED FOR TERM OF ONE YEAR, AS
DESIGNATED BY THE SECRETARY AT THE TIME OF APPOINTMENT.
APPOINTED MEMBERS MAY SERVE AFTER THE EXPIRATION OF THEIR TERMS UNTIL
THEIR SUCCESSORS HAVE TAKEN OFFICE.
"(D) APPOINTED MEMBERS OF THE COMMITTEE SHALL RECEIVE FOR EACH DAY
THEY ARE ENGAGED IN THE PERFORMANCE OF THE FUNCTIONS OF THE COMMITTEE
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.// INCLUDING TRAVELTIME; AND ALL MEMBERS, WHILE SO SERVING AWAY
FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS, MAY BE ALLOWED TRAVEL
EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE, IN THE SAME MANNER
AS SUCH EXPENSES ARE AUTHORIZED BY SECTION 5703 OF TITLE 5, UNITED
STATES CODE, //80 STAT. 499; 83 STAT. 190.// FOR PERSONS IN THE
GOVERNMENT SERVICE EMPLOYED INTERMITTENTLY.
"(E) THE SECRETARY SHALL MAKE AVAILABLE TO THE COMMITTEE SUCH STAFF,
INFORMATION, AND OTHER ASSISTANCE AS IT MAY REQUIRE TO CARRY OUT ITS
ACTIVITIES EFFECTIVELY.".
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION
SEC. 201. (A) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE SHALL
ESTABLISH, IN THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, THE
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINSTRATION (HEREINAFTER IN
THIS SECTION REFERRED TOAS THE "ADMINSTRATION"). //42 USC 3511.// THE
ADMINSTRATION SHALL BE HEADED BY AN ADMINSTRATOR APPOINTED BY THE
PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. THE
ADMINISTRATOR, WITH THE APPROVAL OF THE SECRETARY, MAY APPOINT A DEPUTY
ADMINISTRATOR AND MAY EMPLOY AND PRESCRIBE THE FUNCTIONS OF SUCH
OFFICERS AND EMPLOYEES, INCLUDING ATTORNEYS, AS ARE NECESSARY TO
ADMINISTER THE ACTIVITIES TO BE CARRIED OUT THROUGH THE ADMINISTRATION.
(B) THE SECRETARY, ACTING THROUGH THE ADMIMISTRATION, SHALL SUPERVISE
THE FUNCTIONS OF THE NATIONAL INSTITUTE OF MENTAL HEALTH, THE NATIONAL
INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM, AND THE NATIONAL INSTITUTE ON
DRUG ABUSE IN ORDER TO ASSURE THAT (1) THE PROGRAMS CARRIED OUT THROUGH
EACH SUCH INSTITUTE RECEIVE APPROPRIATE AND EQUITABLE SUPPORT, AND (2)
THERE IS COOPERATION AMONG THE INSTITUTES IN THE IMPLEMENTATION OF SUCH
PROGRAMS.
(C) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE SHALL ESTABLISH A
NATIONAL PANEL ON ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH (HEREINAFTER IN
THIS SUBSECTION REFERRED TO AS THE "PANEL") TO ADVISE, CONSULT WITH, AND
MAKE RECOMMENDATIONS TO THE SECRETARY CONCERNING THE ACTIVITIES TO BE
CARRIED OUT THROUGH THE ADMINISTRATION. THE PANEL SHALL CONSIST OF
THREE MEMBERS APPOINTED BY THE SECRETARY AS FOLLOWS: ONE MEMBER SHALL
BE APPOINTED FROM THE PUBLIC MEMBERS OF THE NATIONAL ADVISORY MENTAL
HEALTH COUNCIL ESTABLISHED UNDER SECTION 217 OF THE PUBLIC HEALTH
SERVICE ACT, //58 STAT. 691; 86 STAT. 77. 42 USC 218.// ONE MEMBER
SHALL BE APPOINTED FROM THE PUBLIC MEMBERS OF THE NATIONAL ADVISORY
COUNCIL ON ALCOHOL ABUSE AND ALCOHOLISM ESTABLISHED UNDER SUCH SECTION,
AND ONE MEMBER SHALL BE APPOINTED FROM THE PUBLIC MEMBERS OF THE
NATIONAL ADVISORY COUNCIL ON DRUG ABUSE ESTABLISHED UNDER SUCH SECTION.
NATIONAL INSTITUTE OF MENTAL HEALTH
SEC. 202. TITLE IV OF THE PUBLIC HEALTH SERVICE ACT IS AMENDED BY
REDESIGNATING PART G AS PART H, //85 STAT. 785, 42 USC 2891.// BY
REDESIGNATING SECTION 454 AS SECTION 461, AND BY INSERTING AFTER PART F
//82 STAT. 771, 42 USC 289I.// THE FOLLOWING NEW PART:
"PART G--NATIONAL INSTITUTE OF MENTAL HEALTH
"ESTABLISHMENT OF INSTITUTE
"SEC. 455. //42 USC 289K-1.// (A) THERE IS ESTABLISHED THE NATIONAL
INSTITUTE OF MENTAL HEALTH (HEREINAFTER IN THIS PART REFERRED TO AS THE
'INSTITUTE') TO ADMINISTER THE PROGRAMS AND AUTHORITIES OF THE SECRETARY
WITH RESPECT TO MENTAL HEALTH. THE SECRETARY, ACTING THROUGH THE
INSTITUTE, SHALL, IN CARRYING OUT THE PURPOSES OF SECTIONS 301 AND 303
OF THIS ACT //58 STAT. 691, 42 USC 241, 70 STAT. 929, 42 USC 242A,// AND
THE MENTAL RETARDATION FACILITIES AND COMMUNITY MENTAL HEALTH CENTERS
CONSTRUCTION ACT OF 1963 //77 STAT. 282; 84 STAT. 1325, 42 USC 2661
NOTE.// (OTHER THAN PART C OF TITLE II) WITH RESPECT TO MENTAL ILLNESS,
DEVELOP AND CONDUCT COMPREHENSIVE HEALTH, EDUCATION, TRAINING, RESEARCH,
AND PLANNING PROGRAMS FOR THE PREVENTION AND TREATMENT OF MENTAL ILLNESS
AND FOR THE REHABILITATION OF THE MENTALLY ILL. THE SECRETARY SHALL
CARRY OUT THROUGH THE INSTITUTE THE ADMINISTRATIVE AND FINANCIAL
MANAGEMENT, POLICY DEVELOPMENT AND PLANNING, EVALUATION, AND PUBLIC
INFORMATION FUNCTIONS WITH ARE REQUIRED FOR THE IMPLIMENTATION OF SUCH
PROGRAMS AND AUTHORITIES.
"(B)(1) THE INSTITUTE SHALL BE UNDER THE DIRECTION OF A DIRECTOR WHO
SHALL ABE APPOINTED BY THE SECRETARY.
"(2) THE DIRECTOR, WITH THE APPROVAL OF THE SECRETARY, MAY EMPLOY AND
PRESCRIBE THE FUNCTIONS OF SUCH OFFICERS AND EMPLOYESES, INCLUDING
ATTORNEYS, AS ARE NECESSARY TO ADMINISTER THE PROGRAMS AND AUTHORITIES
TO BE CARRIED OUT THROUGH THE INSTITUTE.
"(C) THE PROGRAMS TO BE CARRIED OUT THROUGH THE INSTITUTE SHALL BE
ADMINISTERED SO AS TO ENCOURAGE THE BROADEST POSSIBLE PARTICIPATION OF
PROFESSIONALS AND PARAPROFESSIONALS IN THE FIELDS OF MEDICINE, SCIENCE,
THE SOCIAL SCIENCES, AND OTHER RELATED DISCIPLINES."
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
SEC. 203. (A) SECTION 101 OF THE COMPREHENSIVE ALCOHOL ABUSE AND
ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT OF 1970 IS
AMENDED TO READ AS FOLLOWS: //84 STAT. 1848, 42 USC 4551.//
"ESTABLISHMENT OF THE INSTITUTE
"SEC. 101. (A) THERE IS ESTABLISHED THE NATIONAL INSTITUTE ON
ALCOHOL ABUSE AND ALCOHOLISM (HEREINAFTER IN THIS ACT REFERRED TO AS THE
'INSTITUTE') TO ADMINSTER THE PROGRAMS AND AUTHORITIES ASSIGNED TO THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE (HEREAFTER IN THIS ACT
REFERRED TO AS THE 'SECRETARY') BY THIS ACT AND PART C OF THE COMMUNITY
MENTAL HEALTH CENTERS ACT. //82 STAT. 100L, 42 USC 2688E.// THE
SECRETARY, ACTING THROUGH THE INSTITUTE, SHALL, IN CARRYING OUT THE
PURPOSE OF SECTIONS 301 AND 303 OF THE PUBLIC HEALTH SERVICE ACT WITH
RESPECT TO ALCOHOL ABUSE AND ALCOHOLISM, DEVELOP AND CONDUCT
COMPREHENSIVE HEALTH, EDUCATION, TRAINING, RESEARCH, AND PLANNIING
PROGRAMS FOR THE PREVENTION AND TREATMENT OF ALCOHOL ABUSE AND
ALCOHOLISM AND FOR THE REHABILITATION OF ALCOHOL ABUSERS AND ALCOHOLICS.
THE SECRETARY SHALL CARRY OUT THROUGH THE INSTITUTE THE ADMINISTRATIVE
AND FINANCIAL MANAGEMENT, POLICY DEVELOPMENT AND PLANNING, EVALUATION,
AND PUBLIC INFORMATION FUNCTIONS WHICH ARE REQUIRED FOR THE
IMPLEMENTATION OF SUCH PROGRAMS AND AUTHORITIES.
"(B)(1) THE INSTITUTE SHALL BE UNDER THE DIRECTION OF A DIRECTOR WHO
SHALL BE APPOINTED BY THE SECRETARY.
"(2) THE DIRECTOR, WITH THE APPROVAL OF THE SECRETARY, MAY EMPLOY AND
PRESCRIBE THE FUNCTIONS OF SUCH OFFICERS AND EMPLOYEES, INCLUDING
ATTORNEYS, AS ARE NECESSARY TO ADMINISTER THE PROGRAMS TO BE CARRIED OUT
THROUGH THE INSTITUTE.
"(C) THE PROGRAMS TO BE CARRIED OUT THROUGH THE INSTITUTE SHALL BE
ADMINISTERED SO AS TO ENCOURAGE THE BROADEST POSSIBLE PARTICIPATION OF
PROFESSIONALS AND PARAPROFESSIONALS IN THE FIELDS OF MEDICINE, SCIENCE,
THE SOCIAL SCIENCES, AND OTHER RELATED DISCIPLINES."
(B)(1) SECTION 102(2) OF SUCH ACT //84 STAT. 1848, 42 USC 4552.// IS
AMENDED BY INSERTING "AND EVERY THREE YEARS THEREAFTER" AFTER "ACT".
(2)(A) SECTION 102 OF SUCH ACT IS AMENDED BY STRIKING OUT "AND" AT
THE END OF PARAGRAPH (3), BY STRIKING THE PERIOD AT THE END OF PARAGRAPH
(4) AND INSERTING IN LIEU THEREOF; "AND", ANDBY ADDING AFTER PARAGRAPH
(4) THE FOLLOWING:
"(5) SUBMIT TO CONGRESS ON OR BEFORE THE END OF EACH CALENDAR
YEAR A REPORT ON THE EXTENT TO WHICH OTHER FEDERAL PROGRAMS AND
DEPARTMENTS ARE CONCERNED AND DEALING EFFECTIVELY WITH THE
PROBLEMS OF ALCOHOL ABUSE AND ALCOHOLISM.
BEFORE SUBMITTING A REPORT UNDER PARAGRAPH (5), THE SECRETARY SHALL GIVE
EACH DEPARTMENT AND AGENCY OF THE GOVERNMENT WHICH (OR A PROGRAM OF
WHICH) IS REFERRED TO IN THE REPORT HE PROPOSES TO SUBMIT UNDER SUCH
PARAGRAPH AN OPPORTUNITY TO COMMENT ON THE PROPOSED REPORT; AND THE
SECRETARY SHALL INCLUDE IN THE REPORT SUBMITTED TO CONGRESS UNDER SUCH
PARAGRAPH THE COMMENTS RECEIVED BY HIM FROM ANY SUCH DEPARTMENT OR
AGENCY WITHIN 30 DAYS FROM THE DATE THE PROPOSED REPORT WAS SUBMITTED TO
SUCH DEPARTMENT OR AGENCY.".
(B) THE FIRST REPORT TO BE SUBMITTED BY THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE UNDER SECTION 102(5) OF THE COMPREHENSIVE ALCOHOL
ABUSE AND ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION ACT OF
1970 SHALL BE SUBMITTED NOT LATER THAN DECEMBER 31, 1974. //42 USC 4552
NOTE.//
NATIONAL ISTITUTE ON DRUG ABUSE
SEC. 204. SUBSECTIONS (A) AND (B) OF SECTION 501 OF THE DRUG ABUSE
OFFICE AND TREATMENT ACT OF 1972 //86 STAT. 85, 21 USC 1191.// ARE
AMENDED TO READ AS FOLLOWS:
"(A) THERE IS ESTABLISHED THE NATIONAL INSTITUTE ON DRUG ABUSE
(HEREINAFTER IN THIS SECTION REFERRED TO AS THE 'INSTITUTE') TO
ADMINISTER THE PROGRAMS AND AUTHORITIES OF THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE (HEREINAFTER IN THIS SECTION REFERRED TO AS THE
'SECRETARY') WITH RESPECT TO DRUG ABUSE PREVENTION FUNCTIONS. THE
SECRETARY, ACTING THROUGH THE INSTITUTE, SHALL, IN CARRYING OUT THE
PURPOSES OF SECTIONS 301, 302, AND 303 OF THE PUBLIC HEALTH SERVICE ACT
//42 USC 241, 242, 242A.// WITH RESPECT TO DRUG ABUSE, DEVELOP AND
CONDUCT COMPREHENSIVE HEALTH, EDUCATION, TRAINING, RESEARCH, AND
PLANNING PROGRAMS FOR THE PREVENTION AND TREATMENT OF DRUG ABUSE AND FOR
THE REHABILITATION OF DRUG ABUSERS. THE SECRETARY SHALL CARRY OUT
THROUGH THE INSTITUTE THE ADMINISTRATIVE AND FINANCIAL MANAGEMENT,
POLICY DEVELOPMENT AND PLANNING, EVALUATION, AND PUBLIC INFORMATION
FUNCTIONS WHICH ARE REQUIRED FOR THE IMPLEMENTATION OF SUCH PROGRAMS AND
AUTHORITIES.
"(B)(1) THE INSTITUTE SHALL BE UNDER THE DIRECTION OF A DIRECTOR WHO
SHALL BE APPOINTED BY THE SECRETARY.
"(2) THE DIRECTOR, WITH THE APPROVAL OF THE SECRETARY, MAY EMPLOY AND
PRESCRIBE THE FUNCTIONS OF SUCH OFFICERS AND EMPLOYEES, INCLUDING
ATTORNEYS, AS ARE NECESSARY TO ADMINISTER THE PROGRAMS AND AUTHORITIES
TO BE CARRIED OUT THROUGH THE INSTITUTE".
SEC. 301. SECTION 5108(C) OF TITLE 5, UNITED STATES CODE, IS
AMENDED--//80 STAT. 453; 84 STAT. 1619, 1955; 86 STAT. 112.//
(1) BY STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (10)(B)
AND ISERTING IN LIEU THEREOF A SEMICOLON;
(2) BY REDESIGNATING THE PARAGRAPH (10) RELATING TO THE LAW
ENFORCEMENT ASSISTANCE ADMINISTRATION AS PARAGRAPH (11) AND BY
STRIKING OUT THE PERIOD AT THE END OF THAT PARAGRAPH AND INSERTING
IN LIEU THEREOF A SEMICOLON;
(3) BY REDESIGNATING THE PARAGRAPH (10) RELATING TO THE CHIEF
JUDGE OF THE UNITED STATES TAX COURT AS PARAGRAPH (12) AND BY
STRIKING OUT "AND" AT THE END OF THAT PARAGRAPH;
(4) BY REDESIGNATING THE PARAGRAPH (11) RELATING TO THE
CHAIRMAN OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AS
PARAGRAPH (13) AND BY STRIKING OUT THE PERIOD AT THE END OF THAT
PARAGRAPH AND INSERTING IN LIEU THEREOF; "AND"; AND
(5) BY ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH:
"(14) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, SUBJECT TO
THE STANDARDS AND PROCEDURES PRESCRIBED BY THIS CHAPTER, MAY PLACE
A TOTAL OF ELEVEN POSITIONS IN THE NATIONAL INSTITUTE ON ALCOHOL
ABUSE AND ALCOHOLISM IN GS-16, 17, AND 18.".
SEC. 302. SECTION 247 OF THE COMMUNITY MENTAL HEALTH CENTERS ACT (42
U.S.C. 2688J-2) IS REPEALED. //84 STAT. 1851; 87 STAT. 94.//
SEC. 303. (A) SECTION 408 OF THE DRUG ABUSE OFFICE AND TREATMENT ACT
OF 1972 (21 U.S.C. 1175) //86 STAT. 79.// IS AMENDED TO READ AS FOLLOWS:
"408. CONFIDENTIALITY OF PATIENT RECORDS
"(A) RECORDS OF THE IDENTITY, DIAGNOSIS, PROGNOSIS, OR TREATMENT OF
ANY PATIENT WHICH ARE MAINTAINED IN CONNECTION WITH THE PERFORMANCE OF
ANY DRUG ABUSE PREVENTION FUNCTION CONDUCTED, REGULATED, OR DIRECTLY OR
INDIRECTLY ASSISTED BY ANY DEPARTMENT OR AGENCY OF THE UNITED STATES
SHALL, EXCEPT AS PROVIDED IN SUBSECTION (E), BE CONFIDENTIAL AND BE
DISCLOSED ONLY FOR THE PURPOSES AND UNDER THE CIRCUMSTANCES EXPRESSLY
AUTHORIZED UNDER SUBSECTION (B) OF THIS SECTION.
"(B)(1) THE CONTENT OF ANY RECORD REFERRED TO IN SUBSECTION (A) MAY
BE DISCLOSED IN ACCORDANCE WITH THE PRIOR WRITTEN CONSENT OF THE PATIENT
WITH RESPECT TO WHOM SUCH RECORD IS MAINTAINED, BUT ONLY TO SUCH EXTENT,
UNDER SUCH CIRCUMSTANCES, AND FOR SUCH PURPOSES AS MAY BE ALLOWED UNDER
REGULATIONS PRESCRIBED PURSUANT TO SUBSECTION (G).
"(2) WHETHER OR NOT THE PATIENT, WITH RESPECT TO WHOM ANY GIVEN
RECORD REFERRED TO IN SUBSECTION (A) OF THIS SECTION IS MAINTAINED,
GIVES HIS WRITTEN CONSENT, THE CONTENT OF SUCH RECORD MAY BE DISCLOSED
AS FOLLOWS:
"(A) TO MEDICAL PERSONNEL TO THE EXTENT NECESSARY TO MEET A
BONA FIDE MEDICAL EMERGENCY.
"(B) TO QUALIFIED PERSONNEL FOR THE PURPOSE OF CONDUCTING
SCIENTIFIC RESEARCH, MANAGEMENT AUDITS, FINANCIAL AUDITS, OR
PROGRAM EVALUATION, BUT SUCH PERSONNEL MAYNOT IDENTIFY, DIRECTLY
OR INDIRECTLY, ANY INDIVIDUAL PATIENT IN ANY REPORT OF SUCH
RESEARCH, AUDIT, OR EVALUATION, OR OTHERWISE DISCLOSE PATIENT
IDENTITIES IN ANY MANNER.
"(C) IF AUTHORIZED BY AN APPROPRIATE ORDER OF A COURT OF
COMPETENT JURISDICTION GRANTED AFTER APPLICATION SHOWING GOOD
CAUSE THEREFOR. IN ASSESSING GOOD CAUSE THE COURT SHALL WEIGH THE
PUBLIC INTEREST AND THE NEED FOR DISCLOSURE AGAINST THE INJURY TO
THE PATIENT, TO THE PHYSICIAN-PATIENT RELATIONSHIP, AND TO THE
TREATMENT SERVICES. UPON THE GRANTING OF SUCH ORDER, THE COURT IN
DETERMINING THE EXTENT TO WHICH ANY DISCLOSURE OF ALL OR ANY PART
OF ANY RECORD IS NECESSARY, SHALL IMPOSE APPROPRIATE SAFEGUARDS
AGAINST UNAUTHORIZED DISCLOSURE.
"(C) EXCEPT AS AUTHORIZED BY A COURT ORDER GRANTED UNDER SUBSECTION
(B)(2)(C) OF THIS SECTION, NO RECORD REFERRED TO IN SUBSECTION (A) MAY
BE USED TO INITIATE OR SUBSTANTIATE ANY CRIMINAL CHARGES AGAINST A
PATIENT OR TO CONDUCT ANY INVESTIGATION OF A PATIENT.
"(D) THE PROHIBITIONS OF THIS SECTION CONTINUE TO APPLY TO RECORDS
CONCERNING ANY INDIVIDUAL WHO HAS BEEN A PATIENT, IRRESPECTIVE OF
WHETHER OR WHEN HE CEASES TO BE A PATIENT.
"(E) THE PROHIBITIONS OF THIS SECTION DO NOT APPLY TO ANY INTERCHANGE
OF RECORDS--,
"(1) WITHIN THE ARMED FORCES OR WITHIN THOSE COMPONENTS OF THE
VETERANS' ADMINISTRATION FURNISHING HEALTH CARE TO VETERANS, OR
"(2) BETWEEN SUCH COMPONENTS AND THE ARMED FORCES.
"(F) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION OR ANY
REGULATION ISSUED PURSUANT TO THIS SECTION SHALL BE FINED NOT MORE THAN
$500 IN THE CASE OF A FIRST OFFENSE, AND NOT MORE THAN $5,000 IN THE
CASE OF EACH SUBSEQUENT OFFENSE.
"(G) THE DIRECTOR OF THE SPECIAL ACTION OFFICE FOR DRUG ABUSE
PREVENTION, AFTER CONSULTATION WITH THE ADMINISTRATOR OF VETERANS'
AFFAIRS AND THE HEADS OF OTHER FEDERAL DEPARTMENTS AND AGENCIES
SUBSTANTIALLY AFFECTED THEREBY, SHALL PRESCRIBE REGULATIONS TO CARRY OUT
THE PURPOSES OF THIS SECTION. THESE REGULATIONS MAY CONTAIN SUCH
DEFINITIONS, AND MAY PROVIDE FOR SUCH SAFEGUARDS AND PROCEDURES,
INCLUDING PROCEDURES AND CRITERIA FOR THE ISSUANCE AND SCOPE OF ORDERS
UNDER SUBSECTION (B)(2) (C), AS IN THE JUDGMENT OF THE DIRECTOR ARE
NECESSARY OR PROPER TO EFFECTUATE THE PURPOSES OF THIS SECTION, TO
PREVENT CIRCUMVENTION OR EVASION THEREOF, OR TO FACILITATE COMPLIANCE
THEREWITH.".
(B)(1) EFFECTIVE ON THE DATE SPECIFIED IN SECTION 104 OF THE DRUG
ABUSE OFFICE AND TREATMENT ACT OF 1972 (21 U.S.C. 1104), //86 STAT.
67.// THE FIRST SENTENCE OF SECTION 408(G) OF THAT ACT (21 U.S.C. 1175)
IS AMENDED BY STRIKING "DIRECTOR OF THE SPECIAL ACTION OFFICE FOR DRUG
ABUSE PREVENTION" AND INSERTING IN LIEU THEREOF "SECRETARY OF HEALTH,
EDUCATION, AND WELFARE", AND THE SECOND SENTENCE OF SUCH SECTION IS
AMENDED BY STRIKING "DIRECTOR" AND INSERTING "SECRETARY" IN LIEU
THEREOF.
(2) EFFECTIVE ON THE DATE SPECIFIED IN PARAGRAPH (1) OF THIS
SUBSECTION, SECTION 408 OF SUCH ACT IS FURTHER AMENDED BY--,
(A) STRIKING OUT "THE" AND INSERTING IN LIEU THEREOF "EXCEPT AS
PROVIDED IN SUBSECTION (H) OF THIS SECTION, THE" IN THE FIRST
SENTENCE OF SUBSECTION (G) OF SUCH SECTION; AND
(B) ADDING AT THE END OF SUCH SECTION THE FOLLOWING NEW
SUBSECTION:
"(H) THE ADMINISTRATOR OF VETERANS' AFFAIRS, THROUGH THE CHIEF
MEDICAL DIRECTOR, SHALL, TO THE MAXIMUM FEASIBLE EXTENT CONSISTENT WITH
THEIR RESPONSIBILITIES UNDER TITLE 38, UNITED STATES CODE, 38 USC 101 ET
SEQ.// PRESCRIBE REGULATIONS MAKING APPLICABLE THE REGULATIONS
ESTABLISHED BY THE SECRETARY UNDER SUBSECTION (G) OF THIS SECTION TO
RECORDS MAINTAINED IN CONNECTION WITH THE PROVISION OF HOSPITAL CARE,
NURSING HOME CARE, DOMICILIARY CARE, AND MEDICAL SERVICES UNDER SUCH
TITLE 38 TO VETERANS SUFFERING FROM DRUG ABUSE. IN PRESCRIBING AND
IMPLEMENTING REGULATIONS PURSUANT TO THIS SUBSECTION, THE ADMINISTRATOR
SHALL, FROM TIME TO TIME, CONSULT WITH THE SECRETARY IN ORDER TO ACHIEVE
THE MAXIMUM POSSIBLE COORDINATION OF THE REGULATIONS, AND THE
IMPLEMENTATION THEREOF, WHICH THE EACH PRESCRIBE.".
(C) THE ADMINISTRATOR OF VETERANS' AFFAIRS SHALL SUBMIT TO THE
APPROPRIATE COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE A
FULL REPORT (1) ON THE REGULATIONS (INCLUDING GUIDELINES, POLICIES, AND
PROCEDURES THEREUNDER) HE HAS PRECRIBED PURSUANT TO SECTION 408(H) OF
THE DRUG ABUSE OFFICE AND TREATMENT ACT OF 1972, //21 USC 1175 NOTE.//
(2) EXPLAINING THE BASES FOR ANY INCONSISTENCY BETWEEN SUCH REGULATIONS
AND THE REGULATIONS OF THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
UNDER SECTION 408(G) OF THAT ACT, //ANTE, P. 137.// (3) ON THE EXTENT,
SUBSTANCE, AND RESULTS OF HIS CONSULTATIONS WITH THE SECRETARY
RESPECTING THE PRESCRIBING AND IMPLEMENTATION OF THE ADMINISTRATOR'S
REGULATIONS, AND (4) CONTAINING SUCH RECOMMENDATIONS FOR LEGISLATION AND
ADMINISTRATIVE ACTIONS AS HE DETERMINES ARE NECESSARY AND DESIRABLE.
THE ADMINISTRATOR SHALL SUBMIT SUCH REPORT NOT LATER THAN SIXTY DAYS
AFTER THE EFFECTIVE DATE OF THE REGULATIONS PRESCRIBED BY THE SECRETARY
UNDER SUCH SECTION 408(G), AND SHALL TIMELY PUBLISH SUCH REPORT IN THE
FEDERAL REGISTER.
(D) ANY REGULATION UNDER OR WITH RESPECT TO SECTION 408 OF THE DRUG
ABUSE OFFICE AND TREATMENT ACT OF 1972 (21 U.S.C. 1175) ISSUED BY THE
DIRECTOR OF THE SPECIAL ACTION OFFICE FOR DRUG ABUSE PREVENTION PRIOR TO
THE DATE SPECIFIED IN SECTION 104 OF THAT ACT (21 U.S.C. 1104), //86
STAT. 67.// WHETHER BEFORE OR AFTER THE ENACTMENT OF THIS ACT, SHALL
REMAIN IN EFFECT UNTIL REVOKED OR AMENDED BY THE DIRECTOR OR THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE, AS THE CASE MAY BE.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 759 ACCOMPANYING H. R. 11387 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE).
SENATE REPORT NO. 93 - 208 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JUNE 21, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): JAN. 21, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIEU OF H. R. 11387. MAR. 21, SENATE CONCURRED IN
HOUSE AMENDMENT WITH AN AMENDMENT.
MAY 6, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-281, 84 STAT. 124, NARCOTIC ADDICT TREATMENT ACT OF
1974
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 "NARCOTIC ADDICT TREATMENT ACT OF 1974".
SEC. 2. SECTION 102 OF THE CONTROLLED SUBSTANCE ACT (21 U.S.C. 802)
//84 STAT. 1242.// IS AMENDED BY ADDING THE FOLLOWING AFTER PARAGRAPH
(26):
"(27) THE TERM 'MAINTENANCE TREATMENT' MEANS THE DISPENSING, FOR A
PERIOD IN EXCESS OF TWENTY-ONE DAYS, OF A NARCOTIC DRUG IN THE TREATMENT
OF AN INDIVIDUAL FOR DEPENDENCE UPON HEROIN OR OTHER MORPHINE-LIKE
DRUGS.
"(28) THE TERM 'DETOXIFICATION TREATMENT' MEANS THE DISPENSING, FOR A
PERIOD IN EXCESS OF TWENTY-ONE DAYS, OF A NARCOTIC DRUG IN THE
DECREASING DOSES TO AN INDIVIDUAL IN ORDER TO ALLEVIATE ADVERSE
PHYSIOLOGICAL OR PSYCHOLOGICAL EFFECTS INCIDENT TO WITHDRAWAL FROM THE
CONTINUOUS OR SUSTAINED USE OF A NARCOTIC DRUG AND AS A METHOD OF
BRINGING THE INDIVIDUAL TO A NARCOTIC DRUG-FREE STATE WITHIN SUCH
PERIOD."
SEC. 3. SECTION 303 OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 823)
IS AMENDED BY ADDING THE FOLLOWING AFTER SUBSECTION (F):
"(G) PRACTITIONERS WHO DISPENSE NARCOTIC DRUGS TO INDIVIDUALS FOR
MAINTENANCE TREATMENT OR DETOXIFICATION TREATMENT SHALL OBTAIN ANNUALLY
A SEPARATE REGISTRATION FOR THAT PURPOSE. THE ATTORNEY GENERAL SHALL
GEGISTER AN APPLICANT TO DISPENSE NAROCTIC DRUGS TO INDIVIDUALS FOR
MAINTENANCE TREATMENT OR DETOXIFICATION TREATMENT (OR BOTH)--,
"(1) IF THE APPLICANT IS A PRACTITIONER WHO IS DETERMINED BY
THE SECRETARY TO BE QUALIFIED (UNDER STANDARDS ESTABLISHED BY THE
SECRETARY) TO ENGAGE IN THE TREATMENT WITH RESPECT TO WHICH
REGISTRATION IS SOUGHT;
"(2) IF THE ATTORNEY GENERAL DETERMINES THAT THE APPLICANT WILL
COMPLY WITH STANDARDS ESTABLISHED BY THE ATTORNEY GENERAL
RESPECTING (A) SECURITY OF STOCKS OF NART.COTIC DRUGS FOR SUCH
TREATMENT, AND (B) THE MAINTENANCE OF RECORDS (IN ACCORDANCE WITH
SECTION 307) ON SUCH DRUGS; AND
"(3) IF THE SECRETARY DETERMINES THAT THE APPLICANT WILL COMPLY
WITH STANDARDS ESTABLISHED BY THE SECRETARY (AFTER CONSULTATION
WITH THE ATTORNEY GENERAL) RESPECTING THE QUANTITIES OF NARCOTIC
DRUGS WHICH MAY BE PROVIDED FOR UNSUPERVISED USE BY INDIVIDUALS IN
SUCH TREATMENT."
SEC. 4. (A) SECTION 304(A) OF THE CONTROLLED SUBSTANCE ACT (21 U.S.
C. 824(A) IS AMENDED BY ADDING AFTER AND BELOW PARAGRAPH(3) THE
FOLLOWING: "A REGISTRATION PURSUANT TO SECTION 303(G) TO DISPENSE A
NARCOTIC DRUG FOR MAINTENANCE TREATMENT OR DETOXIFICATION TREATMENT MAY
BE SUSPENDED OR REVOKED BY THE ATTORNEY GENERAL UPON A FINDING THAT THE
REGISTRANT HAS FAILED TO COMPLY WITH ANY STANDARD REFERRED TO IN SECTION
303(G)."
(B) SECTION 304(D) OF SUCH ACT IS AMENDED (1) BY INSERTING AFTER THE
FIRST SENTENCE THE FOLLOWING: "A FAILURE TO COMPLY WITH A STANDARD
REFERRED TO IN SECTION 303(G) MAY BE TREATED UNDER THIS SUBSECTION AS
GROUNDS FOR IMMEDIATE SUSPENSION OF A REGISTRATION GRANTED UNDER SUCH
SECTION." ; AND (2) BY STRIKING OUT "SUCH SUSPENSION" AND INSERTING IN
LIEU THEREOF "A SUSPENSION UNDER THIS SUBSECTION".
SEC. 5. SECTION 307(C)(1)(A) OF THE CONTROLLED SUBSTANCES ACT (21 U.
S.C. 827(C)(1)(A)) //84 STAT. 1258.// IS AMENDED TO READ AS FOLLOWS:
"(1)(A) WITH RESPECT TO ANY NARCOTIC CONTROLLED SUBSTANCE IN
SCHEDULE II, III, IV, OR V, TO THE PRESCRIBING OR ADMINISTERING OF
SUCH SUBSTANCE BY A PRACTITIONER IN THE LAWFUL COURSE OF HIS
PROFESSIONAL PRACTICE UNLESS SUCH SUBSTANCE WAS PRESCRIBED OR
ADMINISTERED IN THE COURSE OF MAINTENANCE TREATMENT OR
DETOZIFICATION TREATMENT OF AN INDIVIDUAL: OR".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 884 ACCOMPANYING H.R. 12503 (COM. ON INTERSTATE
AND FOREIGN COMMERCE).
SENATE REPORT NO. 93 - 192 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JUNE ,8 CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAR. 19, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIEU OF H.R. 12503.
MAY 1, SERNATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-280, 88 STAT 123.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PARAGRAPH
HEADED "PROPAGATION OF FOOD FISHES" OF THE ACT OF MARCH 3, 1885 (23
STAT. 494; 16 U.S.C. 743), IS AMENDED--,
(1) BY INSERTING "(1)" IMMEDIATELY AFTER "FISHES:";
(2) BY STRIKING OUT THE LAST SENTENCE THEREOF; AND
(3) BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SUBPARAGRAPH:
"(2)(A) AS USED IN THIS SUBPARAGRAPH, THE TERM 'AGENCY' MEANS THE
DEPARTMENT IN WHICH THE COAST GUARD IS OPERATING, THE DEPARTMENT OF THE
ARMY, THE DEPARTMENT OF THE NAVY, THE DEPARTMENT OF THE AIR FORCE, THE
ATOMIC ENERGY COMMISSION, AND THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION. //16 USC 743A.//
"(B) THE CHIEF EXECUTIVE OFFICER OF EACH AGENCY MAY FROM TIME TO
TIME--,
"(I) DETAIL FROM THE AGENCY FOR DUTY UNDER THE DIRECTOR OF THE
BUREAU OF SPORT FISHERIES AND WILDLIFE, DEPARTMENT OF THE
INTERIOR, SUCH COMMISSIONED AND ENLISTED PERSONNEL AND CIVILIAN
EMPLOYEES AS MAY BE SPARED FOR SUCH DUTY; AND
(II) CONSONANT WITH THE OPERATIONAL NEEDS OF THE AGENCY, LOAN
EQUIPMENT OF THE AGENCY TO THE DIRECTOR.
"(C) THE DIRECTOR OF THE BUREAU OF SOPRT FISHERIES AND WILDFIFE SHALL
MAKE AN ANNUAL REPORT AT THE END OF EACH FISCAL YEAR TO THE CONGRESS
CONCERNING THE UTILIZATION OF THE PROVISIONS OF THIS SUBPARTAGRAPH AND
THE ADDITIONAL COST, IF ANY, TO THE FEDERAL GOVERNMENT RESULTING
THEREFROM. SUCH ANNUAL REOPRT SHALL BE REFERRED IN THE SENATE TO THE
COMMITTEE ON COMMERCE AND IN THE HOUSE OF REPRESENTATIVES TO THE
COMMITTEE ON MERCHANT MARINE AND FISHERIES."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 958 (COMM. ON MERCHANT MARINE AND
FISHERIES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 2, CONSIDERED AND PASSED HOUSE.
APR. 11, CONSIDERED AND PASSED SENATE, AMENDED.
APR. 30, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-279, 88 STAT 122, WILD AND SCENIC RIVERS ACT,
AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE WILD AND SCENIC
RIVERS ACT (82 STAT. 906; 16 U.S.C. 1274 ET SEQ.), AS AMENDED, IS
FURTHER AMENDED AS FOLLOWS: //16 USC 1271 NOTE, 86 STAT. 1174, 16 USC
1274.//
(A) IN SECTION 3(A) AFTER PARAGRAPH (9) INSERT THE FOLLOWING NEW
PARAGRAPH:
"(10) CHATTOOGA, NORTH CAROLINA, SOUTH CAROLINA, GEORGIA.--THE
SEGMENT FROM 0.8 MILE BELOW CASHIERS LAKE IN NORTH CAROLINA TO TUGALOO
RESERVIOR, AND THE WEST FORK CHATTOOGA RIVER FROM ITS JUNCTION WITH
CHATTOOGA UPSTREAM 7.3 MILES, AS GENERALLY DEPICTED ON THE BOUNDARY MAP
ENTITLED 'PROPOSED WILD AND SCENIC CHATTOOGA RIVER AND CORRIDOR
BOUNDARY', DATED AUGUST 1973; TO BE ADMINISTERED BY THE SECRETARY OF
AGRICULTURE: PROVIDED, THAT THE SECRETARY OF AGRICULTURE SHALL TAKE
SUCH ACTION AS IS PROVIDED FOR UNDER SUBSECTION (B) OF THIS SECTION
WITHIN ONE YEAR FROM THE DATE OF ENACTMENT OF THIS PARAGRAPH (10):
PROVIDED FURTHER, THAT FOR THE PURPOSES OF THIS RIVER THERE ARE
AUTHORIZED TO BE APPROPRIATED NOT MORE THAN $2,000,000 FOR THE
ACQUISITION OF LANDS AND INTERESTS IN LANDS AND NOT MORE THAN $809,000
FOR DEVELOPMENT.".
(B)(1) IN SECTION 4 DELETE SUBSECTION (A) //16 USC 1275.// AND INSERT
IN LIEU THEREOF THE FOLLOWING:
"SEC. 4. (A) THE SECRETARY OF THE INTERIOR OR, WHERE NATIONAL FOREST
LANDS ARE INVOLVED, THE SECRETARY OF AGRICULTURE OR, IN APPROPRIATE
CASES, THE TWO SECRETARIES JOINLY SHALL STUDY AND SUBMIT TO THE
PRESIDENT REPORTS ON THE SUITABILITY OR NONSUITABILITY FOR ADDITION TO
THE NATIONAL WILD AND SCENIC RIVERS SYSTEM OF RIVERS WHICH ARE
DESIGNATED HEREIN OR HEREAFTER BY THE CONGRESS AS POTENTIAL ADDITIONS TO
SUCH SYSTEM. THE PRESIDENT SHALL REPORT TO THE CONGRESS HIS
RECOMMENDATION AND PROPOSALS WITH RESPECT TO THE DESIGNATION OF EACH
SUCH RIVER OR SECTION THEREOF UNDER THIS ACT. SUCH STUDIES SHALL BE
COMPLETED AND SUCH REPORTS SHALL BE MADE TO THE CONGRESS WITH RESPECT TO
ALL RIVERS NAMED IN SUBPARAGRAPHS 5(A) (1) THROUGH (27) OF THIS ACT //16
USC 1276.// NO LATER THAN OCTOBER 2, 1978. IN CONDUCTING THESE STUDIES
THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF AGRICULTURE SHALL
GIVE PRIORITY TO THOSE RIVERS WITH RESPECT TO WHICH THERE IS THE
GREATEST LIKELIHOOD OF DEVELOPMENTS WHICH, IF UNDERTAKEN, WOULD RENDER
THE RIVERS UNSUITABLE FOR INCLUSION IN THE NATIONAL WILD AND SCENIC
RIVERS SYSTEM. EVERY SUCH STUDY AND PLAN SHALL BE COORDINATED WITH ANY
WATER RESOURCES PLANNING INVOLVING THE SAME RIVER WHICH IS BEING
CONDUCTED PURSUANT TO THE WATER RESOURCES PLANNING ACT (79 STAT. 244;
42 U.S.C. 1962 ET SEG.).
"EACH REPORT, INCLUDING MAPS AND ILLUSTRATIONS, SHALL SHOW AMONG
OTHER THINGS THE AREA INCLUDED WITHIN THE REPORT; THE CHARACTERISTICS
WHICH DO OR DO NOT MAKE THE AREA A WORTHY ADDITION TO THE SYSTEM; THE
CURRENT STATUS OF LAND OWNERSHIP AND USE IN THE AREA; THE REASONABLY
FORESEEABLE POTENTIAL USES OF THE LAND AND WATER WHICH WOULD BE
ENHANCED, FORECLOSED, OR CURTAILED IF THE AREA WERE INCLUDED IN THE
NATIONAL WILD AND SCENIC RIVERS SYSTEM; THE FEDERAL AGENCY (WHICH IN
THE CASE OF A RIVER WHICH IS WHOLLY OR SUBSTANTIALLY WITHIN A NATIONAL
FOREST, SHALL BE THE DEPARTMENT OF AGRICULTURE) BY WHICH IT IS PROPOSED
THE AREA, SHOULD IT BE ADDED TO THE SYSTEM, BE ADMINISTERED; THE EXTENT
TO WHICH IT IS PROPOSED THAT SUCH ADMINISTRATION,INCLUDING THE COSTS
THEREOF, BE SHARED BY STATE AND LOCAL AGENCIES; AND THE ESTIMATED COST
TO THE UNITED STATES OF ACQUIRING NECESSARY LANDS AND INTERESTS IN LAND
AND OF ADMINISTERING THE AREA, SHOULD IT BE ADDED TO THE SYSTEM. EACH
SUCH REPORT SHALL BE PRINTED AS A SENATE OR HOUSE DOCUMENT."
(2) IN SECTION 5 DELETE SUBSECTION (B) AND RELETTER SUBSECTIONS (C)
AND (D) AS (B) AND (C), RESPECTIVELY. //82 STAT. 910, 16 USC 1276.//
(3) IN SECTION 7(B) DELETE CLAUSE (I) AND INSERT IN LIEU THEREOF THE
FOLLOWING: //16 USC 1278.//
(I) DURING THE TEN-YEAR PERIOD FOLLOWING ENACTMENT OF THIS ACT
OR FOR A THREE COMPLETE FISCAL YEAR PERIOD FOLLOWING ANY ACT OF
CONGRESS DESIGNATING ANY RIVER FOR POTETIAL ADDITION TO THE
NATIONAL WILD AND SCENIC RIVERS SYSTEM, WHICHEVER IS LATER,
UNLESS, PRIOR TO THE EXPIRATION OF THE RELEVANT PERIOD, THE
SECRETARY OF THE INTERIOR AND, WHERE NATIONAL FOREST LANDS ARE
INVOLVED, THE SECRETARY OF AGRICULTURE, ON THE BASIS OF STUDY,
DETERMINE THAT SUCH RIVER SHOULD NOT BE INCLUDED IN THE NATIONAL
WILD AND SCENIC RIVERS SYSTEM AND NOTIFY THE COMMITTEES ON
INTERIOR AND INSULAR AFFAIRS OF THE UNITED STATES CONGRESS, IN
WRITING, INCLUDING A COPY OF THE STUDY UPON WHICH THE
DETERMINATION WAS MADE, AT LEAST ONE HUNDRED AND EIGHTY DAYS WHILE
CONGRESS IS IN SESSION PRIOR TO PUBLISHING NOTICE TO THAT EFFECT
IN THE FEDERAL REGISTER, AND".
(4) IN SECTION 7(B)(II) DELETE "WHICH IS RECOMMENDED", INSERT IN LIEU
THEREOF "THE REPORT FOR WHICH IS SUBMITTED", AND DELETE "FOR INCLUSION
IN THE NATIONAL WILD AND SCENIC RIVERS SYSTEM".
(C) IN SECTION 15(C) //16 USC 1286,// DELETE "FOR THE PURPOSE OF
PROTECTING THE SCENIC VIEW FROM THE RIVER," AND INSERT IN LIEW THEREOF
"WITHIN THE AUTHORIZED BOUNDARIES OF A COMPONENT OF THE WILD AND SCENIC
RIVERS SYSTEM, FOR THE PURPOSE OF PROTECTING THE NATURAL QUALITIES OF A
DESIGNATED WILD, SCENIC OR RECREATIONAL RIVER AREA.".
(D) DELETE SECTIN 16 AND INSERT IN LIEU THEREOF: //16 USC 1287.//
"SEC. 16. (A) THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED,
INCLUDING SUCH SUMS AS HAVE HERETOFORE BEEN APPROPRIATED, THE FOLLOWING
AMOUNTS FOR LAND ACQUISITION FOR EACH OF THE RIVERS DESCRIBED IN SECTION
3(A) OF THIS ACT: //ANTE, P. 122.//
CLEARWATER, MIDDLE FORK, IDAHO, $2,909,800;
ELEVEN POINT, MISSOURI, $4,906,500;
FEATHER, MIDDLE FORK, CALIFORNIA, $3,935,700;
RIO GRANDE, NEW MEXICO, $253,000;
ROGUE, OREGON, $12,447,200;
ST. CROIX, MINNESOTA AND WISCONSIN, $11,768,550;
SALMON, MIDDLE FORK, IDAHO, $1,237,100; AND
WOLF, WISCONSIN, $142,150.
"(B) THE AUTHORITY TO MAKE THE APPROPRIATIONS AUTHORIZED IN THIS
SECTION SHALL EXPIRE ON JUNE 30, 1979."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 675 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 738 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 3, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): MAR. 22, CONSIDERED AND PASSED SENATE,
AMENDED.
APR. 10, HOUSE CONCURRED IN SENATE AMENDMENT WITH AN AMENDMENT.
APR. 23, SENATE AGREED TO HOUSE AMENDMENT WITH AMENDMENTS.
APR. 25, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-278, 88 STAT 212, ENVIORNMENTAL EDUCATION AMENDMENTS OF
1974.
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 "ENVIRONMENTAL EDUCATION AMENDMENTS OF 1974".
SEC. 2. SECTION 3(C)(1) OF THE ENVIRONMENTAL EDUCATION ACT (20 U.S.
C. 1532) //84 STAT. 1312.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SENTENCE: "SUBJECT TO SECTION 448(B) OF THE GENERAL
EDUCATION PROVISIONS ACT, //84 STAT. 172; 86 STAT. 326. 20 USC 1233G.//
THE ADVISORY COUNCIL SHALL CONTINUE TO EXIST UNTIL JULY 1, 1977.".
SEC. 3. SECTION 7 OF SUCH ACT //20 USC 1536.// IS AMENDED BY STRIKING
OUT "AND" AFTER "1972," AND BY INSERTING AFTER "1973" A COMMA AND THE
FOLLOWING: $5,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975,
$10,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND $15,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1977."
SEC. 4. SECTION 2(B) OF SUCH ACT //20 USC 1531.// IS AMENDED BY
INSERTING AFTER "MAINTAIN ECOLOGICAL BALANCE" THE FOLLOWING: "WHILE
GIVING DUE CONSIDERATION TO THE ECONOMIC CONSIDERATIONS RELATED
THERETO"9
SEC. 5. SECTION 3(B) (2) OF SUCH ACT IS AMENDED BY INSERTING AFTER
"TECHNOLOGY," THE FOLLOWING: "ECONOMIC IMPACT,".
SEC. 6. SECTION 3(C)(1) OF SUCH ACT IS FURTHER AMENDED BY INSERTING
"ECONOMIC," AFTER "MEDICAL,"
LEGISLATIVE HISTORY:
HOUSE REPORT: NO. 93 - 402 ACCOMPANYING H.R. 3927 (COMM. ON
EDUCATION AND LABOR).
SENATE REPORT: NO. 93 - 777 (COMM. ON LABOR AND PUBLIC WALFARE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): OCT. 24, H.R. 3927 CONSIDERED AND PASSED
HOUSE.
VOL. 120 (1974): APR. 11, CONSIDERED AND PASSED SENATE.
APR. 23, CONSIDERED AND PASSED HOUSE, AMENDED.
APR. 29, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-277, 88 STAT. 119, ARMED FORCES ENLISTED PERSONNEL
BONUS ACT OF 1974.
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 "ARMED FORCES ENLISTED PERSONNEL BONUS REVISION ACT OF
1974". //3M USC 301, 76 STAT. 467; 79 STAT. 547.//
SEC. 2. CHAPTER 5 OF TITLE 37, UNITED STATES CODE, IS AMENDED AS
FOLLOWS:
(1) SECTION 308 IS AMENDED TO READ AS FOLLOWS:
"(A) A MEMBER OF A UNIFORMED SERVICE WHO--,
"(1) HAS COMPLETED AT LEAST TWENTY-ONE MONTHS OF CONTINUOUS
ACTIVE DUTY (OTHER THAN FOR TRAINING) BUT NOT MORE THAN TEN YEARS
OF ACTIVE DUTY;
"(2) IS DESIGNATED AS HAVING A CRITICAL MILITARY SKILL BY THE
SECRETARY OF DEFENSE, OR BY THE SECRETARY OF TRANSPORTATION WITH
RESPECT TO THE COAST GUARD WHEN IT IS NOT OPERATING AS A SERVICE
IN THE NAVY;
"(3) IS NOT RECEIVING SPECIAL PAY UNDER SECTION 312A OF THIS
TITLE; AND //86 STAT. 1277.//
"(4) REENLISTS OR VOLUNTARILY EXTENDS HIS ENLISTMENT IN A
REGULAR COMPONENT OF THE SERVICE CONCERNED FOR A PERIOD OF AT
LEAST THREE YEARS;
MAY BE PAID A BONUS, NOT TO EXCEED SIX MONTHS OF THE BASIC PAY TO WHICH
HE WAS ENTITLED AT THE TIME OF HIS DISCHARGE OR RELEASE, MULTIPLIED BY
THE NUMBER OF YEARS, OR THE MONTHLY FRACTIONS THEREOF, OF ADDITONAL
OBLIGATED SERVICE, NOT TO EXCEED SIX YEARS, OR $15,000, WHICHEVER IS THE
LESSER AMOUNT. OBLIGATED SERVICE IN EXCESS OF TWELVE YEARS WILL NOT BE
USED FOR BONUS COMPUTATION.
"(B) BONUS PAYMENTS AUTHORIZED UNDER THIS SECTION MAY BE PAID IN
EITHER A LUMP SUM OR IN INSTALLMENTS.
"(C) FOR THE PURPOSE OF COMPUTING THE REENLISTMENT BONUS IN THE CASE
OF AN OFFICER WITH PRIOR ENLISTED SERVICE WHO MAY BE ENTITLED TO A BONUS
UNDER SUBSECTION (A) OF THIS SECTION, THE MONTHLY BASIC PAY OF THE GRADE
IN WHICH HE IS ENLISTED, COMPUTED IN ACCORDANCE WITH HIS YEARS OF
SERVICE COMPUTED UNDER SECTION 205 OF THIS TITLE, //76 STAT. 458; 82
STAT. 1314, 37 USC 205.// SHALL BE USED INSTEAD OF THE MONTHLY BASIC PAY
TO WHICH HE WAS ENTITLED AT THE TIME OF HIS RELEASE FROM ACTIVE DUTY AS
AN OFFICER.
"(D) A MEMBER WHO VOLUNTARILY, OR BECAUSE OF HIS MISCONDUCT, DOES NOT
COMPLETE THE TERM OF ENLISTMENT FOR WHICH A BONUS WAS PAID TO HIM UNDER
THIS SECTION SHALL REFUND THAT PERCENTAGE OF THE BONUS THAT THE
UNEXPIRED PART OF HIS ENLISTMENT IS OF THE TOTAL ENLISTMENT PERIOD FOR
WHICH THE BONUS WAS PAID.
"(E) THIS SECTION SHALL BE ADMINISTERED UNDER REGULATIONS PRESCRIBED
BY THE SECRETARY OF DEFENSE FOR THE ARMED FORCES UNDER HIS JURISDICTION,
AND BY THE SECRETARY OF TRANSPORTATION WITH RESPECT TO THE COAST GUARD
WHEN IT IS NOT OPERATING AS A SERVICE IN THE NAVY.
"(F) NO BONUS SHALL BE PAID UNDER THIS SECTION WITH RESPECT TO ANY
REENLISTMENT, OR VOLUNTARY EXTENSION OF AN ACTIVE-DUTY ENLISTMENT,IN THE
ARMED FORCES ENTERED INTO AFTER JUNE 30, 1977.".
(2) SECTION 308A IS AMENDED TO READ AS FOLLOWS: //85 STAT. 358; 87
STAT. 149.//
"(A) NOTWITHSTANDING SECTION 514(A) OF TITLE 10 OR ANY OTHER LAW,
//7/A STAT. 19.// UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF
DEFENSE, OR BY THE SECRETARY OF TRANSPORTATION WITH RESPECT TO THE COAST
GUARD WHEN IT IS NOT OPERATING AS A SERVICE IN THE NAVY, A PERSON WHO
ENLISTS IN AN ARMED FORCE FOR A PERIOD OF AT LEAST FOUR YEARS IN A SKILL
DESIGNATED AS CRITICAL, OR WHO EXTENDS HIS INITIAL PERIOD OF ACTIVE DUTY
IN THAT ARMED FORCE TO A TOTAL OF AT LEAST FOUR YEARS IN A SKILL
DESIGNATED AS CRITICAL, MAY BE PAID A BONUS IN AN AMOUNT PRESCRIBED BY
THE APPROPRIATE SECRETARY, BUT NOT MORE THAN $3,000. THE BONUS MAY BE
PAID IN A LUMP SUM OR IN EQUAL PERIODIC INSTALLMENTS, AS DETERMINED BY
THE APPROPRIATE SECRETARY.
"(B) UNDER REGULATIONS PRECRIBED BY THE SECRETARY OF DEFENSE, OR BY
THE SECRETARY OF TRANSPORTATION WITH RESPECT TO THE COAST GUARD WHEN IT
IS NOT OPERATING AS A SERVICE IN THE NAVY, A PERSON WHO VOLUNTARILY, OR
BECAUSE OF HIS MISCONDUCT, DOES NOT COMPLETE THE TERM OF ENLISTMENT FOR
WHICH A BONUS WAS PAID TO HIM UNDER THIS SECTION SHALL REFUND THAT
PERCENTAGE OF THE BONUS THAT THE UNEXPIRED PART OF HIS ENLISTMENT IS OF
THE TOTAL ENLISTMENT PERIOD FOR WHICH THE BONUS WAS PAID.
"(C) NO BONUS SHALL BE PAID UNDER THIS SECTION WITH RESPECT TO ANY
ENLISTMENT OR EXTENSION OF AN INITIAL PERIOD OF ACTIVE DUTY IN THE ARMED
FORCES MADE AFTER JUNE 30, 1977.".
SEC. 3. NOTWITHSTANDING SECTION 308 OF TITLE 37, UNITED STATES CODE
AS AMENDED BY THIS ACT, A MEMBER OF A UNIFORMED SERVIDE ON ACTIVE DUTY
ON THE EFFECTIVE DATE OF THIS ACT, WHO WOULD HAVE BEEN ELIGIBLE, AT THE
END OF HIS CURRENT OR SUBSEQUENT ENLISTMENT, FOR THE REENLISTMENT BONUS
PRESCRIBED IN SECTIN 308 (A) OR (D) OF THAT TITLE, AS IT EXISTED ON THE
DAY BEFORE THE EFFECTIVE DATE OF THIS ACT. IF A MEMBER IS ALSO ELIGIBLE
FOR THE REENLISTMENT BONUS UNDER THE SECTION AS IT EXISTED ON THE DAY
BEFORE THE EFFECTIVE DATE OF THIS ACT. IF A MEMBER IS ALSO ELIGIBLE FOR
THE REENLISTMENT BONUS PRESCRIBED IN THAT SECTION AS AMENDED BY THIS
ACT, HE MAY ELECT TO RECEIVE EITHER ON OF THOSE REENLISTMENT BONUSES.
HOWEVER, A MEMBER'S ELIGIBILITY UNDER SECTION 308(A) OR (D) OF THAT
TITLE, AS IT EXISTED ON THE DAY BEFORE THE EFFECTIVE DATE OF THIS ACT,
TERMINATES WHEN HE HAS RECEIVED A TOTAL OF $2,000 IN REENLISTMENT BONUS
PAYMENTS, RECEIVED UNDER EITHER SECTIN 308 (A) OR (D) OR THAT TITLE AS
IT EXISTED ON THE DAY BEFORE THE EFFECTIVE DATE OF THIS ACT, OR UNDER
SECTION 308 OF THAT TITLE, AS AMENDED BY THIS ACT, OR FROM A COMBINATION
OF BOTH.
SEC. 4. THE AMENDMENTS MADE BY THIS ACT BECOME EFFECTIVE ON THE FIRST
DAY OF THE MONTH FOLLOWING THE DATE OF ENACTMENT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 857 (COMM. ON ARMED SERVICES) AND NO. 93 -
985 (COMM. OF CONFERENCES.
SENATE REPORT N. 93 - 659 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 20, CONSIDERED AND PASSED SENATE.
VO. 120 (1974): MAR. 18, CONSIDERED AND PASSED HOUSE,
AMENDED.
APR. 23, SENATE AGREED TO CONFERENCE REPORT.
APR. 24, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-276, 88 STAT 115
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 101. THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED TO THE
ATOMIC ENERGY COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF SECTION
261 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED: //77 STAT. 88, 42 USC
2017.//
(A) FOR "OPERATING EXPENSES", $2,5518533,000NOT TO EXCEED
$132,200,000 IN OPERATING COSTS FOR THE HIGH-ENERGY PHYSICS PROGRAM
CATEGORY.
(B) FOR "PLANT AND CAPITAL EQUIPMENT", INCLUDING CONSTRUCTION,
ACQUISITION, OR MODIFICATION OF FACILITIES, INCLUDING LAND ACQUISITION;
AND ACQUISITION AND FABRICATION OF CAPITAL EQUIPMENT NOT RELATED TO
CONSTRUCTION, A SUM OF DOLLARS EQUAL TO THE TOTAL OF THE FOLLOWING:
(1) NUCLEAR MATERIALS.--,
PROJECT 75 - 1-A, ADDITIONAL FACILITIES, HIGH-LEVEL WASTE HANDLING
AND STORAGE, SAVANNAH RIVER, SOUTH CAROLINA, $30,000,000.
PROJECT 75 - 1-B, REPLACEMENT VENTILATION AIR FILTER, H CHEMICAL
SEPARATIONS AREA, SAVANNAH RIVER, SOUTH CAROLINA, $6,000,000.
PROJECT 75 - 1-C, NEW WASTE CALCINING FACILITY, IDAHO CHEMICAL
PROCESSING PLANT, NATIONAL REACTOR TESTING STATION, IDAHO, $20,000,000.
PROJECT 75 - 1-D, WASTE MANAGEMENT EFFLUENT CONTROL, RICHLAND,
WASHINGTON, $3,500,000.
PROJECT 75 - 1-E, RETOOLING OF COMPONENT PREPARATION LABORATORIES,
MULTIPLE SITES, $4,500,000.
PROJECT 75 - 1-F, ATMOSPHERIC POLLUTION CONTROL FACILITIES, STOKER
FIRED BOILERS, SAVANNAH RIVER, SOUTH CAROLINA, $7,500,000.
(2) NUCLEAR MATERIALS.--,
PROJECT 75 - 2-A, ADDITIONAL COOLING TOWER CAPACITY, GASEOUS
DIFFUSION PLANT, PORTSMOUTH, OHIO, $2,200,000.
(3) WEAPONS.--,
PROJECT 75 - 3-A, WEAPONS PRODUCTION, DEVELOPMENT, AND TEST
INSTALLATIONS, $10,000,000.
PROJECT 75 - 3-B, HIGH ENERGY LASER FACILITY, LOS ALAMOS SCIENTIFIC
LABORATORY, NEW MEXICO, $22,600,000.
PROJECT 75 - 3-C, TRIDENT PRODUCTION FACILITIES, VARIOUS LOCATIONS,
$22,200,000.
PROJECT 75 - 3-D, CONSOLIDATION OF FINAL ASSEMBLY PLANTS, PANTEX,
AMARILLO, TEXAS, $4,500,000.
PROJECT 75 - 3-E, ADDITION TO BUILDING 350 FOR SAFEGUARDS ANALYTICAL
LABORATORY, ARGONNE NATIONAL LABORATORY, ILLINOIS, $,500,000.
(4) WEAPONS.--,
PROJECT 75 - 4-A, TECHNICAL SUPPORT RELOCATION, LOS ALAMOS SCIENTIFIC
LABORATORY, NEW MEXICO, $2,8000,000.
(5) CIVILIAN REACTOR RESEARCH AND DEVELOPMENT.--
PROJECT 75 - 5-A, TRANSIENT TEST FACILITY, SANTA SUSANA, CALIFORNIA,
$4,000,000.
PROJECT 75 - 5-B, ADVANCED TEST REACTOR CONTROL SYSTEM UPGRADING,
NATIONAL REACTOR TESTING STATION, IDAHO, $2,400,000.
PROJECT 75 - 5-C, TEST REACTOR AREA WATER RECYCLE AND POLLUTION
CONTROL FACILITIES, NATIONAL REACTOR TESTING STATION, IDAHO, $1,000,000.
PROJECT 75 - 5-D, MODIFICATIONS TO REACTORS, $4,000,000.
PROJECT 75 - 5-E, HIGH TEMPERATURE GAS REACTOR FUEL REPROCESSING
FACILITY, NATIONAL REACTOR TESTING STATION, IDAHO, $10,100,000.
PROJECT 75 - 5-F, HIGH TEMPERATURE GAS REACTOR FUEL REFABRICATION
PILOT PLANT, OAK RIDGE NATIONAL LABORATORY, TENNESSEE, $3,000,000.
PROJECT 75 - 5-G, MOLTEN SALT BREEDER REACTOR (PRELIMINARY PLANNING
PREPARATORY TO POSSIBLE FUTURE DOMONSTRATION PROJECT), $1,500,000.
(6) PHYSICAL RESEARCH.--,
PROJECT 75 - 6-A, ACCELERATOR AND REACTOR IMPROVEMENTS AND
MODIFICATIONS, $3,000,000.
PROJECT 75 - 6-B, HEAVY ION RESEARCH FACILITIES, VARIOUS LOCATIONS,
$19,200,000.
PROJECT 75 - 6-C, POSITRON-ELECTRON JOINT PROJECT, LAWRENCE BERKELEY
LABORATORY AND STANFORD LINEAR ACCELERATOR CENTER, $900,000.
(7) BIOMEDICAL AND ENVIRONMENTAL RESEARCH AND SAFETY.--
PROJECT 75 - 7-A, UPGRADING OF LABORATORY FACILITIES, OAK RIDGE
NATIONAL LABORATORY, TENNESSEE,$2,100,000.
PROJECT 75 - 7-B, ENVIRONMENTAL RESEARCH LABORATORY, SAVANNAH RIVER,
SOUTH CAROLINA, $2,000,000.
PROJECT 75 - 7-C, INTERMEDIATE-LEVEL WASTE MANAGEMENT FACILITIES, OAK
RIDGE NATIONAL LABORATORY, TENNESSEE, $9,500,000.
PROJECT 75 - 7-D, MODIFICATIONS AND ADDITIONS TO BIOMEDICAL AND
ENVIRONMENTAL RESEARCH FACILITIES, $2,850,000.
(8) BIOMEDICAL AND ENVIRONMENTAL RESEARCH AND SAFETY.--,
PROJECT 75 - 8-A, ENVIRONMENTAL SCIENCES LABORATORY, OAK RIDGE
NATIONAL LABORATORY, TENNESSEE, $8,800,000.
(9) GENERAL PLANT PROJECTS.--$55,650,000.
(10) CONSTRUCTION PLANNING AND DESIGN.--$,000,000.
(11) CAPITAL EQUIPMENT.--ACQUISITION AND FABRICATION OF CAPITAL
EQUIPMENT NOT RELATED TO CONSTRUCTION, $208,850,000.
(12) REACTOR SAFETY RESEARCH.--,
PROJECT 75 - 12-A, REACTOR SAFETY FACILITIES MODIFICATIONS,
$1,000,000.
(13) APPLIED ENERGY TECHNOLOGY.--,
PROJECT 75 - 13-A, HYDROTHERMAL PILOT PLANT, $1,000,000.
SEC. 102. LIMITATIONS.--(A) THE COMMISSION IS AUTHORIZED TO START
ANY PROJECT SET FORTH IN SUBSECTION 101(B) (1), (3), (5), (6), (7),
(12), AND (13) ONLY IF THE CURRENTLY ESTIMATED COST OF THAT PROJECT DOES
NOT EXCEED BY MORE THAN 25 PER CENTUM THE ESTIMATED COST SET FORTH FOR
THAT PROJECT.
(B) THE COMMISSION IS AUTHORIZED TO START ANY PROJECT SET FORTH IN
SUBSECTION 101 (B) (2), (4), (8), AND (10) ONLY IF THE CURRENTLY
ESTIMATED COST OF THAT PROJECT DOES NOT EXCEED BY MORE THAN 10 PER
CENTUM THE ESTIMATED COST SET FORTH FOR THAT PROJECT.
(C) THE COMMISSION IS AUTHORIZED TO START ANY PROJECT UNDER
SUBSECTION 101 (B)(9) ONLY IF IT IS IN ACCORDANCE WITH THE FOLLOWING:
(1) THE MAXIMUM CURRENTLY ESTIMATED COST OF ANY PROJECT SHALL
BE $500,000 AND THE MAXIMUM CURRENTLY ESTIMATED COST OF ANY
BUILDING INCLUDED IN SUCH PROJECT SHALL BE $100,000: PROVIDED,
THAT THE BUILDING COST LIMITATION MAY BE EXCEEDED IF THE
COMMISSION DETERMINES THAT IT IS NECESSARY IN THE INTEREST OF
EFFICIENCY AND ECONOMY.
(2) THE TOTAL COST OF ALL PROJECTS UNDERTAKEN UNDER SUBSECTION
101(B) (9) SHALL NOT EXCEED THE ESTIMATED COST SET FORTH IN THAT
SUBSECTION BY MORE THAN 10 PER CENTUM.
(D) THE TOTAL COST OF ANY PROJECT UNDERTAKEN UNDER SUBSECTION 101(B)
(1), (3), (5), (6), (7)8 (12), AND (13) SHALL NOT EXCEED THE ESTIMATED
COST SET FORTH FOR THAT PROJECT BY MORE THAN 25 PER CENTUM, UNLESS AND
UNTIL ADDITIONAL APPROPRIATIONS ARE AUTHORIZED UNDER SECTION 261 OF THE
ATOMIC ENERGY ACT OF 1954, AS AMENDED, //77 STAT. 88, 42 USC 2017.//
PROVIDED THAT THIS SUBSECTION WILL NOT APPLY TO ANY PROJECT WITH AN
ESTIMATED COST LESS THAN $5,000,000.
(E) THE TOTAL COST OF ANY PROJECT UNDERTAKEN UNDER SUBSECTION 101(B)
(2), (4), (8), (9), AND (10) SHALL NOT EXCEED THE ESTIMATED COST SET
FORTH FOR THAT PROJECT BY MORE THAN 10 PER CONTUM, UNLESS AND UNTIL
ADDITIONAL APPROPRIATIONS ARE AUTHORIZED UNDER SECTION 261 OF THE ATOMIC
ENERGY ACT OF 1954, AS AMENDED, //77 STAT. 88, 42 USC 2017.// PROVIDED
THAT THIS SUBSECTION WILL NOT APPLY TO ANY PROJECT WITH AN ESTIMATED
COST LESS THAN $5,000,000.
SEC. 103. THE COMMISSION IS AUTHORIZED TO PERFORM CONSTRUCTION
DESIGN SERVICES FOR ANY COMMISSION CONSTRUCTION PROJECT WHENEVER (1)
SUCH CONSTRUCTION PROJECT HAS BEEN INCLUDED IN A PROPOSED AUTHORIZATION
BILL TRANSMITTED TO THE CONGRESS BY THE COMMISSION, AND (2) THE
COMMISSION DETERMINES THAT THE PROJECT IS OF SUCH URGENCY THAT
CONSTRUCTION OF THE PROJECT SHOULD BE INITIATED PROMPTLY UPON ENACTMENT
OF LEGISLATION APPROPRIATING FUNDS FOR ITS CONSTRUCTION.
SEC. 104. ANY MONEYS RECEIVED BY THE COMMISSION (EXCEPT SUMS
RECEIVED FROM THE DISPOSAL OF PROPERTY UNDER THE ATOMIC ENERGY COMMUNITY
ACT OF 1955, AS AMENDED (42 U.S.C. 2301)), //69 STAT. 471.// MAY BE
RETAINED BY THE COMMISSION AND CREDITED TO ITS "OPERATING EXPENSES"
APPROPRIATION NOTWITHSTANDING THE PROVISIONS OF SECTION 3617 OF THE
REVISED STATUTES (31 U.S.C. 484).
SEC. 105. TRANSFERS OF SUMS FROM THE "OPERATING EXPENSES"
APPROPRIATION MAY BE MADE TO OTHER AGENCIES OF THE GOVERNMENT FOR THE
PERFORMANCE OF THE WORK FOR WHICH THE APPROPRIATION IS MADE, AND IN SUCH
CASES THE SUMS SO TRANSFERRED MAY BE MERGED WITH THE APPROPRIATION TO
WHICH TRANSFERRED.
SEC. 106. WHEN SO SPECIFIED IN AN APPROPRIATION ACT, TRANSFERS OF
AMOUNTS BETWEEN "OPERATING EXPENSES" AND "PLANT AND CAPITAL EQUIPMENT"
MAY BE MADE AS PROVIDED IN SUCH APPROPRIATION ACT.
SEC. 107. AMENDMENT OF PRIOR YEAR ACTS.--(A) SECTION 101 OF PUBLIC
LAW 89 - 42,, AS AMENDED, //80 STAT. 162; 81 STAT. 126.// IS FURTHER
AMENDED BY STRIKING FROM SUBSECTION (B) (3) PROJECT 67 - 3-A, FAST FLUX
TEST FACILITY, THE FUGURE "$87,500,000", AND SUBSTITUTING THEREFOR THE
FIGURE "$420,000,000".
(B) SECTION 101 OF PUBLIC LAW 91 - 273, AS AMENDED, //87 STAT.
145.// IS FURTHER AMENDED BY STRIKING FROM SUBSECTION (B) (1), PROJECT
71 - 1-F, PROCESS EQUIPMENT MODIFICATIONS, GASEOUS DIFFUSION PLANTS, THE
FIGURE "$172,100,000" AND SUBSTITUTING THEREFOR THE FIGURE
"$295,100,000".
(C) SECTION 106 OF PUBLIC LAW 91 -273, AS AMENDED, //84 STAT. 300;
87 STAT. 145.// IS FURTHER AMENDED BY STRIKING FROM SUBSECTION (A) THE
FIGURE "$2,000,000" AND SUBSTITUTING THEREFOR THE FIGURE $3,000,0008"
AND BY ADDING THERETO THE FOLLOWING NEW SUBSECTION (C):
"(C) THE COMMISSION IS HEREBY AUTHORIZED TO AGREE, BY MODIFICATION TO
THE DEFINITIVE COOPERATIVE ARRANGEMENT REFLECTING SUCH CHANGES THEREIN
AS IT DEEMS APPROPRIATE FOR SUCH PURPOSE, TO THE FOLLOWING: (1) TO
EXECUTE AND DELIVER TO THE OTHER PARTIES TO THE AEC DEFINITIVE CONTRACT,
THE SPECIAL UNDERTAKINGS OF INDEMNIFICATION SPECIFIED IN SAID CONTRACT,
WHICH UNDERTAKINGS SHALL BE SUBJECT TO AVAILABILITY OF APPROPRIATIONS TO
THE ATOMIC ENERGY COMMISSION (OR ANY OTHER FEDERAL AGENCY TO WHICH THE
COMMISSION'S PERTINENT FUNCTIONS MIGHT BE TRANSFERRED AT SOME FUTURE
TIME) AND TO THE PROVISIONS OF SECTION 3679 OF THE REVISED STATUTES, AS
AMENDED; //31 USC 665.// AND (2) TO ACQUIRE OWNERSHIP AND CUSTODY OF
THE PROPERTY CONSTITUTING THE LIQUID METAL FAST BREEDER REACTOR
POWERPLANT OR PARTS THEREOF, AND TO USE, DECOMMISSSION, AND DISPOSE OF
SAID PROPERTY, AS PROVIDED FOR IN THE AEC DEFINITIVE CONTRACT."
(D) SECTION 101 OF PUBLIC LAW 92 - 314, AS AMENDED, //86 STAT.
223.// IS AMENDED BY STRIKING FROM SUBSECTION (B) (4), PROJECT 73 - 4-B,
LAND ACQUISITION, ROCKY FLATS, COLORADO, THE FIGURE "$8,000,000" AND
SUBSTITUTING THEREFOR THE FIGURE"$11,400,000".
(E) SECTION 101 OF PUBLIC LAW 93 - 60 //87 STAT. 143.// IS AMENDED BY
(1) STRIKING FROM SUBSECTION (B) (1), PROJECT 74 - 1-A, ADDITIONAL
FACILITIES, HIGH LEVEL WASTE STORAGE, SAVANNAH RIVER, SOUTH CAROLINA,
THE FIGURE "$14,000,000" AND SUBSTITUTING THEREFOR THE FIGURE
"$17,500,000", (2) STRIKING FROM SUBSECTION (B) (1), PROJECT 74 - 1-G,
CASCADE UPRATING PROGRAM, GASEOUS DIFFUSION PLANTS, THE WORDS "(PARTIAL
AE AND LIMITED COMPONENT PROCUREMENT ONLY)" AND FURTHER STRIKING THE
FIGURE "$6,000,000" AND SUBSTITUTING THEREFOR THE FIGURE "$183,100,000",
AND (3) STRIKING FROM SUBSECTION (B) (2), PROJECT 74 - 2-D, NATIONAL
SECURITY AND RESOURCES STUDY CENTER, THE WORDS "(AE ONLY), SITE
UNDESIGNATED" AND SUBSTITUTING THEREFOR THE WORDS "LOS ANLAMOS
SCIENTIFIC LABORATORY, NEW MEXICO" AND FURTHER STRIKING THE FIGURE
"$350,000" AND SUBSTITUTING THEREFOR THE FIGURE "$4,600,000".
SEC. 108. RESCISSION.--(A) PUBLIC LAW 91 - 44, AS AMENDED, //83
STAT. 46; 86 STAT. 225.// IS FURTHER AMENDED BY RESCINDING THEREFROM
AUTHORIZATION FOR A PROJECT, EXCEPT FOR FUNDS HERETOFORE OBLIGATED, AS
FOLLOWS:
PROJECT 70 - 1-B, BEDROCK WASTE STORAGE (AE AND SITE SELECTION
DRILLING ONLY), SAVANNAH RIVER, SOUTH CAROLINA, $4,300,000.
(B) PUBLIC LAW 92 - 84, AS AMENDED, //85 STAT. 304.// IS FURTHER
AMENDED BY RESCINDING THEREFROM AUTHORIZATION FOR A PROJECT, EXCEPT FOR
FUNDS HERETOFORE OBLIGATED, AS FOLLOWS:
PROJECT 72 - 3-B, NATIONAL RADIOACTIVE WASTE REPOSITORY, SITE
UNDETERMINED, $3,500,000.
(C) PUBLIC LAW 92 - 314, AS AMENDED, //86 STAT. 224.// IS FURTHER
AMENDED BY RESCINDING THEREFROM AUTHORIZATION FOR A PROJECT, EXCEPT FOR
FUNDS HERETOFORE OBLIGATED, AS FOLLOWS:
PROJECT 73 - 6-C, ACC*ELERATOR IMPROVEMENTS, CAMBRIDGE ELECTRON
ACCELERATOR, MASSACHUSETTS, $75,000.
SEC. 201. SECTION 157B. (3) OF THE ATOMIC ENERGY ACT OF 1954, AS
AMENDED, //69 STAT. 947, 42 USC 2187.// IS AMENDED BY STRIKING OUT "UPON
THE RECOMMENDATION OF" AND INSERTING IN LIEU THEREOF "AFTER CONSULTATION
WITH".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 969 ACCOMPANYING H.R. 1391. (JOINT COMMITTEE
ON ATOMIC ENERGY).
SENATE REPORT NO. 93 - 773 (JOINT COMMITTEE ON ATOMIC ENERGY).
CONGRESSIONAL RECORD, VOL. 12/ (1974):
APR. 11, CONSIDERED AND PASSED SENATE.
APR. 23, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
13919.
APR. 24, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-275, 88 STAT 96, FEDERAL ENERGY ADMINISTRATION ACT OF
1974.
BE IT ENCATED 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 "FEDERAL ENERGY
ADMINISTRATION ACT OF 1974". 15 USC 761 NOTE.//
DECLARATION OF PURPOSE'15 USC761.'
SEC. 2. (A) THE CONGRESS HEREBY DECLARES THAT THE GENERAL WELFARE AND
THE COMMON DEFENSE AND SECURITY REQUIRE POSITIVE AND EFFECTIVE ACTION TO
CONSERVE SCARCE ENERGY SUPPLIES, TO INSURE FAIR AND EFFICIENT
DISTRIBUTION OF, AND THE MAINTENANCE OF FAIR AND REASONABLE CONSUMER
PRICES FOR, SUCH SUPPLIES, TO PROMOTE THE EXPANSION OF READILY USABLE
ENERGY SOURCES, AND TO ASSIST IN DEVELOPING POLICIES AND PLANS TO MEET
THE ENERGY NEEDS OF THE NATION.
(B) THE CONGRESS FINDS THAT TO HELP ACHIEVE THESE OBJECTIVES, AND TO
ASSURE A CORRDINATED AND EFFECTIVE APPROACH TO OVERCOMING ENERGY
SHORTAGES, IT IS NECESSARY TO REORGANIZE CERTAIN AGENCIES AND FUNCTIONS
OF THE EXECUTIVE BRANCH AND TO ESTABLISH A FEDERAL ENERGY
ADMINISTRATION.
(C) THE SOLE PURPOSE OF THIS ACT IS TO CREATE AN ADMINISTRATION IN
THE EXECUTIVE BRANCH, CALLED THE FEDERAL ENERGY ADMINISTRATION, TO VEST
IN THE ADMINISTRATION CERTAIN FUNCTIONS AS PROVIDED IN THIS ACT, AND TO
TRANSFER TO SUCH ADMINISTRATION CERTAIN EXECUTIVE BRANCH FUNCTIONS
AUTHORIZED BY OTHER LAWS, WHERE SUCH TRANSFER IS NECESSARY ON AN INTERIM
BASIS DEAL WITH THE NATION'S ENERGY SHORTAGES.
ESTABLISHMENT'15 USC762.'
SEC. 3. THERE IS HEREBY ESTABLISHED AN INDEPENDENT AGENCY IN THE
EXECUTIVE BRANCH TO BE KNOWN AS THE FEDERAL ENERGY ADMINISTRATION
(HEREINAFTER IN THIS ACT REFERRED TO AS THE "ADMINISTRATION").
OFFICERS'15 USC763.'
SEC. 4. (A) THERE SHALL BE AT THE HEAD OF THE ADMINISTRATION AN
ADMINISTRATOR (HEREINAFTER IN THIS ACT REFERRED TO AS THE
"ADMINISTRATOR"), WHO SHALL BE APPOINTED BY THE PRESIDENT, BY AND WITH
THE ADVICE AND CONSENT OF THE SENATE. THE ADMINISTRATOR, SHALL RECEIVE
COMPENSATION AT THE RATE PRESCRIBED FOR OFFICES AND POSITION AT LEVEL II
OF THE EXECUTIVE SCHEDULE (5 U.S.C. 5313). //80 STAT. 460; 83 STAT.
864.// THE ADMINISTRATION SHALL BE ADMINISTERED UNDER THE SUPERVISION
AND DIRECTION OF THE ADMINISTRATOR.
(B)(1) THE FUNCTIONS AND POWERS OF THE ADMINISTRATION SHALL BE VESTED
IN AND EXERCISED BY THE ADMINISTRATOR.
(2) THE ADMINISTRATOR MAY, FROM TIME TO TIME AND TO THE EXTENT
PERMITTED BY LAW, CONSISTENT WITH THE PURPOSES OF THIS ACT, DELEGATE
SUCH OF HIS FUNCTIONS AS HE DEEMS APPROPRIATE.
(C) THERE SHALL BE IN THE ADMINISTRATION TWO DEPUTY ADMINISTRARORS,
WHO SHALL BE APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND
CONSENT OF THE SENATE, AND WHO SHALL RECEIVE COMPENSATION AT THE RATE
PRESCRIBED FOR OFFICES AND POSITIONS AT LEVEL III OF THE EXECU TIVE
SCHEDULE (5 U.S.C. 5314). //80 STAT. 460; 83 STAT. 864.//
(D) THERE ARE AUTHORIZED TO BE IN THE ADMINISTRATION SIX ASSITANT
ADMINISTRATORS, WHO SHALL BE APPOINTED BY THE PRESIDENT, BY AND WITH THE
ADVICE AND CONSENT OF THE SENATE, AND WHO SHALL RECEIVE COMPENSATION AT
THE RATE PRESCRIBED FOR OFFICES AND POSITIONS AT LEVEL IV OF THE
EXECUTIVE SCHEDULE (5 U.S.C. 5315).
(E) THERE SHALL BE IN THE ADMINISTRATION A GENERAL COUNSEL, WHO SHALL
BE APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE, AND WHO SHALL RECEIVE COMPENSATION AT THE RATE PRESCRIBED FOR
OFFICES AND POSITIONS AT LEVEL IV OF THE EXECUTIVE SCHEDULE (5 U.S.C.
5315).
(F)(1) THERE ARE AUTHORIZED TO BE IN THE AMINISTRATION NOT MORE THAN
NINE ADDITIONAL OFFICERS WHO SHALL BE APPOINTED BY THE ADMINISTRATOR AND
SHALL RECEIVE COMPENSATION AT THE RATE PRESCRIBED FOR OFFICES AND
POSITIONS AT LEVEL V OF THE EXECUTIVE SCHEDULE (5 U.S.C. 5316).
(2) IF ANY PERSON, OTHER THAN AN OFFICER WITHIN SUBSECTIONS (C),(D),
OR (E) OF THIS SECTION, IS TO BE ASSIGNED PRINCIPAL RESPONISBILITY FOR
ANY PROGRAM THAT SHALL BE INSTITUTED IN THE ADMINISTRATION FOR EITHER
(I) ALLOCATION, (II) PRICING, (III) RATIONING (IF EFFECTED), OR (IV)
FEDERAL AND STATE COORDINATION, HE SHALL BE ONE OF THE OFFICERS
AUTHORIZED BY PARAGRAPH (1) OF THIS SUBSECTION EXCEPT THAT HE SHALL BE
APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE.
(3) APPOINTMENTS TO THE POSITIONS DESCRIBED IN THIS SUBSENTION MAY BE
MADE WITHOUT REGARD TO THE PROVISIONS OF TITLE 5 OF THE UNITED STATES
CODE GOVERNING APPOINTMENTS IN THE COMPETITIVE SERVICE. //5 USC 101 ET
SEQ.//
(G) SUBJECT TO SUBSECTION (F) OF THIS SECTION, OFFICERS APPOINTED
PURSUANT TO THIS SECTION SHALL PERFORM SUCH FUNCTIONS AS THE
ADMINISTRATOR SHALL SPECIFY FROM TIME TO TIME.
(H) THE ADMINISTRATOR SHALL DESIGNATE THE ORDER IN WHICH THE DEPUTY
ADMINISTRATORS AND OTHER OFFICIALS SHALL ACT FOR AND PERFORM THE
FUNCTIONS OF THE ADMINISTRATOR DURING HIS ABSENCE OR DISABILITY OR IN
THE EVENT OF A VACANCY IN HIS OFFICE.
(I)(1) FOR THE PURPOSES OF THIS ACT, SECTION 208(B) OF TITLE 18,
UNITED STATES CODE, //76 STAT. 1124.// RELATING TO CONFLICTS OF
INTEREST, CAN BE INVOKED AND IMPLEMENTED ONLY BY THE ADMINISTRATOR
PERSONALLY. SUCH SUBSECTION SHALL NOT BE INVOKED AS TO ANY PERSON
UNLESS AND UNTIL--
(A) THE CONGRESS HAS RECEIVED, TEN DAYS PRIOR THERETO, A
WRITTEN REPORT CONTAINING NOTICE OF THE ADMINISTRATOR'S INTENTION
SO TO INVOKE SUCH SUBSECTION, A DETAILED STATEMENT OF THE SUBJECT
MATTER CONCERNING WHICH A CONFLICT EXISTS; AND IN THE CASE OF AN
EXEMPTION SET FORTH IN CLAUSE (1) OF SUCH SUBSECTION, THE NATURE
OF AN OFFICER'S OR EMPLOYYEE'S FINANCIAL INTEREST; OR IN THE CASE
OF AN EXEMPTION SET FORTH IN CLAUSE (2) OF SUCH SUBSECTION, THE
NAME AND STATEMENT OF FINANCIAL INTEREST OF EACH PERSON WHO WILL
COME WITHIN SUCH EXEMPTION; AND
(B) SUCH WRITTEN REPORT IS PUBLISHED IN THE FEDERAL REGISTER.
(2) NOTHING CONTAINED IN THIS SUBSECTION SHALL AFFECT IN ANY WAY THE
APPLICABILITY OR OPERATION OF OTHER LAWS RELATING TO OFFICERS AND
EMPLOYEE OF THE UNITED STATES GOVERNMENT.
(J) NO INDIVIDUAL HOLDING ANY OF THE POSITIONS DESCRIBED IN
SUBSECTION (A), (C), (D), AND (E) OF THIS SECTION MAY ALSO HOLD ANY
OTHER POSITION IN THE EXECUTIVE BRANCH DURING THE SAME PERIOD.
FUNCTIONS AND PURPOSES OF THE FEDERAL ENERGY ADMINISTRATION
//15 USC 764.//
SEC. 5. (A) SUBJECT TO THE PROVISIONS AND PROCEDURES SET FORTH IN
THIS ACT, THE ADMINISTRATOR SHALL BE RESPONSIBLE FOR SUCH ACTIONS AS ARE
TAKEN TO ASSURE THAT ADEQUATE PROVISION IS MADE TO MEET THE ENERGY NEEDS
OF THE NATION. TO THAT END, HE SHALL MAKE SUCH PLANS AND DIRECT AND
CONDUCT SUCH PROGRAMS RELATED TO THE PRODUCTION, CONSERVATION USE,
CONTROL, DISTRIBUTION, RATIONING, AND ALLOCATION OF ALL FORMS OF ENERGY
AS ARE APPROPRIATE IN CONNECTION WITH ONLY THOSE AUTHORITIES OF
FUNCTION--
(1) SPECIFICALLY TRANSFERRED TO OR VESTED IN HIM BY OR PURSUANT
TO THIS ACT;
(2) DELEGATED TO HIM BY THE PRESIDENT PURSUANT TO SPECIFIC
AUTHORITY VESTED IN THE PRESIDENT BY LAW; AND
(3) OTHERWISE SPECIFICALLY VESTED IN THE ADMINISTRATOR BY THE
CONGRESS.
(B) TO THE EXTENT AUTHORIZED BY SUBSECTION (A) OF THIS
SECTION, THE ADMINISTRATOR SHALL--
(1) ADVISE THE PRESIDENT AND THE CONGRESS WITH RESPECT TO THE
ESTABLISMENT OF A COMPREHENSIVE NATIONAL ENERGY POLICY IN RELATION
TO THE ENERGY MATTERS FOR WHICH THE ADMINISTRATION HAS
RESPONSIBILITY, AND, IN COORDINATION WITH THE SECRETARY OF STATE,
THE INTEGRATION OF DOMESTIC AND FOREIGN POLICIES RELATING TO
ENERGY RESOURCE MANAGEMENT;
(2) ASSESS THE ADEQUACY OF ENERGY RESOURCES TO MEET DEMANDS IN
THE IMMEDIATE AND LONGER RANGE FUTURE FOR ALL SECTORS OF THE
ECONOMY AND FOR THE GENERAL PUBLIC;
(3) DEVELOP EFFECTIVE ARRANGEMENTS FOR THE PARTICIPATION OF
STATE AND LOCAL GOVERNMENTS IN THE RESOLUTION OF ENERGY PROBLEMS;
(4) DEVELOP PLANS AND PROGRAMS FOR DEALING WITH ENERGY
PRODUCTION SHORTAGES;
(5) PROMOTE STABILITY IN ENERGY PRICES TO THE CONSUMER, PROMOTE
FREE AND OPEN COMPETITION IN ALL ASPECTS OF THE ENERGY FIELD,
PREVENT UNREASONABLE PROFITS WITHINT HE VARIOUS SEGMENTS OF THE
ENERGY INDUSTRY, AND PROMOTE FREE ENTERPRISE;
(6) ASSURE THAT ENERGY PROGRAMS ARE DESIGNED AND IMPLEMENTED IN
A FAIR AND EFFECIENT MANNER SO AS TO MINIMIZE HARDSHIP AND
INEQUITY WHILE ASSURING THAT THE PRIORITY NEEDS OF THE NATION ARE
MET;
(7) DEVELOP AND OVERSEE THE IMPLEMENTATION OF EQUITABLE
VOLUNTARY AND MANDATORY ENERGY CONSERVATION PROGRAMS AND PROMOTE
EFFICIENCIES IN THE USE OF ENERGY RESOURCES;
(8) DEVELOP AND RECOMMEND POLICIES ON THE IMPORT AND EXPORT OF
ENERGY RESOURCES;
(9) COLLECT, EVALUATE, ASSEMBLE, AND ANALYZE ENERGY INFORMATION
ON RESERVES, PRODUCTION, DEMAND, AND RELATED ECONOMIC DATA;
(10) WORK WITH BUSINESS, LABOR, CONSUMER AND OTHER INTERESTS
AND OBTAIN THEIR COOPERATION;
(11) IN ADMINISTERING ANY PRICING AUTHORITY, PROVIDE BY RULE,
FOR EQUITABLE ALLOCATION OF ALL COMPONENT COSTS OF PRODUCING
PROPANE GAS. SUCH RULES MAY REQUIRE THAT (A) ONLY THOSE COSTS
DIRECTLY RELATED TO THE PRODUCTION OF PROPANE MAY BE ALLOCATED BY
ANY PRODUCER TO SUCH GAS FOR PURPOSES OF ESTABLISHING ANY PRICE
FOR PROPANE, AND (B) PRICES FOR PROPANE SHALL BE BASED ON THE
PRICES FOR PROPANE IN EFFECT ON MAY 15, 1973. THE ADMINISTRATOR
SHALL NOT ALLOW COSTS ATTRIBUTABLE TO CHANGES IN OWNERSHIP AND
MOVEMENT OF PROPANE GAS WHERE, IN THE OPINION OF THE
ADMINISTRATOR, SUCH CHANGES IN OWNERSHIP AND MOVEMENT OCCUR
PRIMARILY FOR THE PURPOSE OF ESTABLISHING A HIGHER PRICE; AND
(12) PERFORM SUCH OTHER FUNCTIONS AS MAY BE PRESCRIBED BY
LAW.
TRANSFERS //15 USC 765.//
SEC. 6.(A) THERE ARE HEREBY TRANSFERRED TO AND VESTED IN THE
ADMINISTRATOR ALL FUNCTIONS OF THE SECRETARY OF THE INTERIOR, THE
DEPARTMENT OF THE INTERIOR, AND OFFICERS AND COMPONENTS OF THAT
DEPARTMENT--
(1) AS RELATE TO OR ARE UTILIZED BY THE OFFICE OF PETROLEUM
ALLOCATION;
(2) AS RELATE TO OR ARE UTILIZED BY THE OFFICE OF ENERGY
CONSERVATION;
(3) AS RELATE TO OR ARE UTILIZED BY THE OFFICE OF ENERGY DATA
AND ANALYSIS; AND
(4) AS RELATE TO OR ARE UTILIZED BY THE OFFICE OF OIL AND
GAS.
(B) THERE ARE HEREBY TRANSFERRED TO AND VESTED IN THE ADMINISTRATOR
ALL FUNCTIONS OF THE CHAIRMAN OF THE COST OF LIVING COUNCIL, THE
EXECUTIVE DIRECTOR OF THE COST OF LIVING COUNCIL, AND THE COST OF LIVING
COUNCIL, AND OFFICERS AND COMPONENTS THEREOF, AS RELATE TO OR ARE
UTILIZED BY THE ENERGY DIVISION OF THE COST OF LIVING COUNCIL.
ADMINISTRATIVE PROVISION //15 USC 766.//
SEC. 7. (A)(1) THE ADMINISTRATOR MAY APPOINT, EMPLOY, AND FIX THE
COMPENSATION OF SUCH OFFICERS AND EMPLOYEES, INCLUDING ATTORNEYS, AS ARE
NECESSARY TO PERFORM THE FUNCTIONS VESTED IN HIM, AND PRESCRIBE THEIR
AUTHORITY AND DUTIES. IN ADDITION TO THE NUMBER OF POSITIONS WHICH MAY
BE PLACED IN GS-16, 17, AND 18 UNDER EXISTING LAW, NOT TO EXCEED 91
POSITIONS MAY BE PLACED IN GS-16, 17, AND 18 TO CARRY OUT THE FUNCTIONS
UNDER THIS ACT: PROVIDED, THAT THE TOTAL NUMBER OF POSITIONS WITHIN THE
ADMINISTRATION IN GS-16, 17, 18 SHALL NOT EXCEED 105: AND PROVIDED
FURTHER, THAT, EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
THE AUTHORITY UNDER THIS SUBSECTION SHALL BE SUBJECT TO THE STANDARDS
AND PROCEDURES PRESCRIBED UNDER CHAPTER 51 OF TITLE 5, UNITED STATES
CODE, //80 STAT. 452, 5 USC 5101.// AND SHALL CONTINUE ONLY FOR THE
DURATION OF THE EXERCISE OF FUNCTIONS UNDER THIS ACT.
(2) TWENTY-FIVE OF THE GS-16, 17, AND 18 POSITIONS AUTHORIZED BY
PARAGRAPH (1) OF THIS SUBSECTION MAY BE FILLED WITHOUT REGARD TO THE
PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE GOVERNING APPOINTMENTS
IN THE COMPETITIVE SERVICE. //5 USC 101 ET SEQ.//
(B) THE ADMINISTRATOR MAY EMPLOY EXPERTS, EXPERT WITNESSES, AND
CONSULTANTS IN ACCORDANCE WITH SECTION 3109 OF TITLE 5 OF THE UNITED
STATES CODE, //80 STAT. 416.// AND COMPENSATE SUCH PERSONS AT RATES NOT
IN EXCESS OF THE MAXIMUM DAILY RATE PRESCRIBED FOR GS-18 UNDER SECTION
5332 OF TITLE 5 OF THE UNITED STATES CODE FOR PERSONS IN GOVERNMENT
SERVICE EMPLOYED INTERMITTENTLY. //5 USC 5332 NOTE.//
(C) THE ADMINISTRATOR MAY PROMULGATE SUCH RULES, REGULATIONS, AND
PROCEDURES AS MAY BE NECESSARY TO CARRY OUT THE FUNCTIONS VESTED IN HIM:
PROVIDED, THAT:
(1) THE ADMINISTRATOR SHALL, BEFORE PROMULGATING PROPOSED
RULES, REGULATIONS, OR POLICIES RELATING TO THE COST OR PRICE OF
ENERGY, TRANSMIT NOTICE OF SUCH PROPOSED ACTION TO THE COST OF
LIVING COUNCIL AND PROVIDE A PERIOD, WHICH SHALL NOT BE LESS THAN
FIVE DAYS FROM THE RECEIPT OF SUCH NOTICE, FOR THE COST OF LIVING
COUNCIL TO APPROVE OR DISAPPROVE SUCH PROPOSED ACTION. IF DURING
THE PERIOD PROVIDED, THE COST OF LIVING COUNCIL--,
(A) APPROVES SUCH PROPOSED ACTION, IT MAY TAKE EFFECT;
(B) DISAPPROVES SUCH PROPOSED ACTION, IT SHALL NOT TAKE EFFECT;
OR
(C) FAILS TO EITHER APPROVE OR DISAPPROVE SUCH PROPOSED ACTION,
IT MAY TAKE EFFECT IN THE SAME MANNER AS IF THE COST OF LIVING
COUNCIL HAD GIVEN ITS APPROVAL.
(2) THE ADMINISTRATOR SHALL, BEFORE PROMULGATING PROPOSED
RULES, REGULATIONS, OR POLICIES AFFECTING THE QUALITY OF THE
ENVIRONMENT, PROVIDE A PERIOD OF NOT LESS THAN FIVE DAYS FROM
RECEIPT OF NOTICE OF THE PROPOSED ACTION DURING WHICH THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY MAY PROVIDE
WRITTEN COMMENTS CONCERNING THE IMPACT OF SUCH RULES, REGULATIONS,
OR POLICIES ON THE QUALITY OF THE ENVIRONMENT. SUCH COMMENTS
SHALL BE PUBLISHED ALONG WITH PUBLIC NOTICE OF THE PROPOSED
ACTION.
THE REVIEW REQUIRED BY PARAGRAPHS (1) AND (2) OF THIS SUBSECTION MAY BE
WAIVED FOR A PERIOD OF FOURTEEN DAYS IF THERE IS AN EMERGENCY SITUATION
WHICH, IN THE JUDGMENT OF THE ADMINISTRATOR, REQUIRES IMMEDIATE ACTION.
(D) THE ADMINISTRATOR MAY UTILIZE, WITH THEIR CONSENT, THE SERVICES,
PERSONNEL, EQUIPMENT, AND FACILITIES OF FEDERAL, STATE, REGIONAL, AND
LOCAL PUBLIC AGENCIES AND INSTRUMENTALITIES, WITH OR WITHOUT
REIMBURSEMENT THEREFOR, AND MAY TRANSFER FUNDS MADE AVAILABLE PURSUANT
TO THIS ACT, TO FEDERAL, STATE, REGIONAL, AND LOCAL PUBLIC AGENCIES AND
INSTRUMENTALITIES, AS REIMBURSEMENT FOR UTILIZATION OF SUCH SERVICES,
PERSONNEL, EQUIPMENT, AND FACILITIES.
(E) THE ADMINISTRATOR SHALL CAUSE A SEAL OF OFFICE TO BE MADE FOR TH
ADMINISTRATION OF SUCH DESIGN AS HE SHALL APPROVE, AND JUDICIAL NOTICE
SHALL BE TAKEN OF SUCH SEAL.
(F) THE ADMINISTRATOR MAY ACCEPT UNCONDITIONAL GIFTS OR DONATIONS OF
MONEY OR PROPERTY, REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIBLE.
(G) THE ADMINISTRATOR MAY ENTER INTO AND PERFORM CONTRACTS, LEASES,
COOPERATIVE AGREEMENTS, OR OTHER SIMILAR TRANSACTIONS WITH ANY PUBLIC
AGENCY OR INSTRUMENTALITY OR WITH ANY PERSON, FIRM, ASSOCIATION,
CORPORATION, OR INSTITUTION.
(H) THE ADMINISTRATOR MAY PERFORM SUCH OTHER ACTIVITIES AS MAY BE
NECESSARY FOR THE EFFECTIVE FULFILLMENT OF HIS ADMINISTRATIVE DUTIES AND
FUNCTIONS.
(I)(1)(A) SUBJECT TO PARAGRAPHS (B), (C), AND (D) OF THIS SUBSECTION,
THE PROVISIONS OF SUBCHAPTER II OF CHAPTER 5 OF TITLE 5, UNITED STATES
CODE, //80 STAT. 381.// SHALL APPLY TO ANY RULE OR REGULATION, OR ANY
ORDER HAVING THE APPLICABILITY AND EFFECT OF A RULE AS DEFINED IN
SECTION 551 (4) OF TITLE 5, UNITED STATES CODE, //5 USC 551.// ISSUED
PURSUANT TO THIS ACT, INCLUDING ANY SUCH RULE, REGULATION, OR ORDER OF A
STATE OR LOCAL GOVERNMENT AGENCY, OR OFFICER THEREOF, ISSUED PURSUANT TO
AUTHORITY DELEGATED BY THE ADMINISTRATOR.
(B) NOTICE OF ANY PROPOSED RULE, REGULATION, OR ORDER DESCRIBED IN
PARAGRAPH (A) SHALL BE GIVEN BY PUBLICATION OF SUCH PROPOSED RULE,
REGULATION, OR ORDER IN THE FEDERAL REGISTER. IN EACH CASE, A MINIMUM
OF TEN DAYS FOLLOWING SUCH PUBLICATION SHALL BE PROVIDED FOR OPPORTUNITY
TO COMMENT; EXCEPT THAT THE REQUIREMENTS OF THIS PARAGRAPH AS TO TIME
OF NOTICE AND OPPORTUNITY TO COMMENT MAY BE WAIVED WHERE STRICT
COMPLIANCE IS FOUND TO CAUSE SERIOUS HARM OR INJURY TO THE PUBLIC
HEALTH, SAFETY, OR WELFARE, AND SUCH FINDING IS SET OUT IN DETAIL IN
SUCH RULE, REGULATION, OR ORDER. IN ADDITION, PUBLIC NOTICE OF ALL
RULES, REGULATIONS, OR ORDERS DESCRIBED IN PARAGRAPH (A) WHICH ARE
PROMULGATED BY OFFICERS OF A STATE OR LOCAL GOVERNMENT AGENCY SHALL TO
THE MAXIMUM EXTENT PRACTICABLE BE ACHIEVED BY PUBLICATION OF SUCH RULES,
REGULATIONS, OR ORDERS IN A SUFFICIENT NUMBER OF NEWSPAPERS OF STATEWIDE
CIRCULATION CALCULATED TO RECEIVE WIDEST POSSIBLE NOTICE.
(C) IN ADDITION TO THE REQUIREMENTS OF PARAGRAPH (B), IF ANY RULE,
REGULATION, OR ORDER DESCRIBED IN PARAGRAPH (A) IS LIKELY TO HAVE A
SUBSTANTIAL IMPACT ON THE NATION'S ECONOMY OR LARGE NUMBERS OF
INDIVIDUALS OR BUSINESSES, AN OPPORTUNITY FOR ORAL PRESENTATION OF
VIEWS, DATA, AND ARGUMENTS SHALL BE AFFORDED. TO THE MAXIMUM EXTENT
PRACTICABLE, SUCH OPPORTUNITY SHALL BE AFFORDED PRIOR TO THE ISSUANCE OF
SUCH RULE, REGULATION, OR ORDER, BUT IN ALL CASES SUCH OPPORTUNITY SHALL
BE AFFORDED NO LATER THAN FORTY-FIVE DAYS AFTER THE ISSUANCE OF ANY SUCH
RULE, REGULATION, OR ORDER. A TRANSCRIPT SHALL BE KEPT OF ANY ORAL
PRESENTATION.
(D) ANY OFFICER OR AGENCY AUTHORIZED TO ISSUE THE RULES, REGULATIONS,
OR ORDERS DESCRIBED IN PARAGRAPH (A) SHALL PROVIDE FOR THE MAKING OF
SUCH ADJUSTMENTS, CONSISTENT WITH THE OTHER PURPOSES OF THIS ACT, AS MAY
BE NECESSARY TO PREVENT SPECIAL HARDSHIP, INEQUITY, OR UNFAIR
DISTRIBUTION OF BURDENS AND SHALL, BY RULE, ESTABLISH PROCEDURES WHICH
ARE AVAILABLE TO ANY PERSON FOR THE PURPOSE OF SEEKING AN
INTERPRETATION, MODIFICATION, RESCISSION OF, EXCEPTION TO, OR EXEMPTION
FROM, SUCH RULES, REGULATIONS, AND ORDERS. IF SUCH PERSON IS AGGRIEVED
OR ADVERSELY AFFECTED BY THE DENIAL OF A REQUEST FOR SUCH ACTION UNDER
THE PRECEDING SENTENCE, HE MAY REQUEST A REVIEW OF SUCH DENIAL BY THE
OFFICER OR AGENCY AND MAY OBTAIN JUDICIAL REVIEW IN ACCORDANCE WITH
PARAGRAPH (2) OF THIS SUBSECTION WHEN SUCH DENIAL BECOMES FINAL. THE
OFFICER OR AGENCY SHALL, BY RULE, ESTABLISH APPROPRIATE PROCEDURES,
INCLUDING A HEARING WHERE DEEMED ADVISABLE BY THE OFFICER OR AGENCY, FOR
CONSIDERING SUCH REQUESTS FOR ACTION UNDER THIS PARAGRAPH.
(E) IN ADDITION TO THE REQUIREMENTS OF SECTION 552 OF TITLE 5, UNITED
STATES CODE, //81 STAT. 54.// ANY AGENCY AUTHORIZED TO ISSUE THE RULES,
REGULATIONS, OR ORDERS DESCRIBED IN PARAGRAPH (A) SHALL MAKE AVAILABLE
TO THE PUBLIC ALL INTERNAL RULES AND GUIDELINES WHICH MAY FORM THE
BASIS, IN WHOLE OR IN PART, FOR ANY SUCH RULE, REGULATION, OR ORDER WITH
SUCH MODIFICATIONS AS ARE NECESSARY TO INSURE CONFIDENTIALITY PROTECTED
UNDER SUCH SECTION 552. SUCH AGENCY SHALL, UPON WRITTEN REQUEST OF A
PETITIONER FILED AFTER ANY GRANT OR DENIAL OF A REQUEST FOR EXCEPTION OR
EXEMPTION FROM RULES OR ORDERS, FURNISH THE PETITIONER WITH A WRITTEN
OPINION SETTING FORTH APPLICABLE FACTS AND THE LEGAL BASIS IN SUPPORT OF
SUCH GRANT OR DENIAL. SUCH OPINIONS SHALL BE MADE AVAILABLE TO THE
PETITIONER AND THE PUBLIC WITHIN THIRTY DAYS OF SUCH REQUEST, WITH SUCH
MODIFICATIONS AS ARE NECESSARY TO INSURE CONFIDENTIALITY OF INFORMATION
PROTECTED UNDER SUCH SECTION 552.
(2)(A) JUDICIAL REVIEW OF ADMINISTRATIVE RULEMAKING OF GENERAL AND
NATIONAL APPLICABILITY DONE UNDER THIS ACT, EXCEPT THAT DONE PURSUANT TO
THE EMERGENCY PETROLEUM ALLOCATION ACT OF 1973, //87 STAT. 627, 15 USC
751 NOTE.// MAY BE OBTAINED ONLY BY FILING A PETITION FOR REVIEW IN THE
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA WITHIN
THIRTY DAYS FROM THE DATE OF PROMULGATION OF ANY SUCH RULE, REGULATION,
OR ORDER, AND JUDICIAL REVIEW OF ADMINISTRATIVE RULEMAKING OF GENERAL,
BUT LESS THAN NATIONAL, APPLICABILITY DONE UNDER THIS ACT, EXCEPT THAT
DONE PURSUANT TO THE EMERGENCY PETROLEUM ALLOCATION ACT OF 1973, MAY BE
OBTAINED ONLY BY FILING A PETITION FOR REVIEW IN THE UNITED STATES COURT
OF APPEALS FOR THE APPROPRIATE CIRCUIT WITHIN THIRTY DAYS FROM THE DATE
OF PROMULGATION OF ANY SUCH RULE, REGULATION, OR ORDER, THE APPROPRIATE
CIRCUIT BEING DEFINED AS THE CIRCUIT WHICH CONTAINS THE AREA OR THE
GREATER PART OF THE AREA WITHIN WHICH THE RULE, REGULATION, OR ORDER IS
TO HAVE EFFECT.
(B) NOTWITHSTANDING THE AMOUNT IN CONTROVERSY, THE DISTRICT COURTS OF
THE UNITED STATES SHALL HAVE EXCLUSIVE ORIGINAL JURISDICTION OF ALL
OTHER CASES OR CONTROVERSIES ARISING UNDER THIS ACT, OR UNDER RULES,
REGULATIONS, OR ORDERS ISSUED THEREUNDER, EXCEPT ANY ACTIONS TAKEN TO
IMPLEMENT OR ENFORCE ANY RULE, REGULATION, OR ORDER BY ANY OFFICER OF A
STATE OR LOCAL GOVERNMENT AGENCY UNDER THIS ACT: PROVIDED, THAT NOTHING
IN THIS SECTION AFFECTS THE POWER OF ANY COURT OF COMPETENT JURISDICTION
TO CONSIDER, HEAR, AND DETERMINE IN ANY PROCEEDING BEFORE IT ANY ISSUE
RAISED BY WAY OF DEFENSE (OTHER THAN A DEFENSE BASED ON THE
UNCONSTITUTIONALITY OF THIS ACT OR THE VALIDITY OF ACTION TAKEN BY ANY
AGENCY UNDER THIS ACT). IF IN ANY SUCH PROCEEDING AN ISSUE BY WAY OF
DEFENSE IS RAISED BASED ON THE UNCONSTITUTIONALITY OF THIS ACT OR THE
VALIDITY OF AGENCY ACTION UNDER THIS ACT, THE CASE SHALL BE SUBJECT TO
REMOVAL BY EITHER PARTY TO A DISTRICT COURT OF THE UNITED STATES IN
ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER 89 OF TITLE 28,
UNITED STATES CODE. //62 STAT. 937, 28 USC 1441.// CASES OR
CONTROVERSIES ARISING UNDER ANY RULE, REGULATION, OR ORDER OF ANY
OFFICER OF A STATE OR LOCAL GOVERNMENT AGENCY MAY BE HEARD IN EITHER (1)
ANY APPROPRIATE STATE COURT, OR (2) WITHOUT REGARD TO THE AMOUNT IN
CONTROVERSY, THE DISTRICT COURTS OF THE UNITED STATES.
(3) THE ADMINISTRATOR MAY BY RULE PRESCRIBE PROCEDURES FOR STATE OR
LOCAL GOVERNMENT AGENCIES AUTHORIZED BY THE ADMINISTRATOR TO CARRY OUT
FUNCTIONS UNDER THIS ACT. SUCH PROCEDURES SHALL APPLY TO SUCH AGENCIES
IN LIEU OF PARAGRAPH (1) OF THIS SUBSECTION, AND SHALL REQUIRE THAT
PRIOR TO TAKING ANY ACTION, SUCH AGENCIES SHALL TAKE STEPS REASONABLY
CALCULATED TO PROVIDE NOTICE TO PERSONS WHO MAY BE AFFECTED BY THE
ACTION, AND SHALL AFFORD AN OPPORTUNITY FOR PRESENTATION OF VIEWS
(INCLUDING ORAL PRESENTATION OF VIEWS WHERE PRACTICABLE) AT LEAST TEN
DAYS BEFORE TAKING THE ACTION.
(J) THE ADMINISTRATION, IN CONNECTION WITH THE EXERCISE OF THE
AUTHORITY UNDER THIS ACT, SHALL BE CONSIDERED AN INDEPENDENT FEDERAL
REGULATORY AGENCY FOR THE PURPOSES OF SECTIONS 3502 AND 3512 OF TITLE 44
OF THE UNITED STATES CODE. //82 STAT. 1302, 87 STAT. 576.//
TRANSITIONAL AND SAVINGS PROVISIONS //15 USC 767.//
SEC. 8. (A) ALL ORDERS, DETERMINATIONS, RULES, REGULATIONS, PERMITS,
CONTRACTS, CERTIFICATES, LICENSES, AND PRIVILEGES--,
(1) WHICH HAVE BEEN ISSUED, MADE, GRANTED, OR ALLOWED TO BECOME
EFFECTIVE BY THE PRESIDENT, BY ANY FEDERAL DEPARTMENT OR AGENCY OR
OFFICIAL THEREOF, OR BY A COURT OF COMPETENT JURISDICTION, IN THE
PERFORMANCE OF FUNCTIONS WHICH ARE TRANSFERRED UNDER THIS ACT, AND
(2) WHICH ARE IN EFFECT AT THE TIME THIS ACT TAKES EFFECT,
SHALL CONTINUE IN EFFECT ACCORDING TO THEIR TERMS UNTIL MODIFIED,
TERMINATED, SUPERSEDED, SET ASIDE, OR REVOKED BY THE PRESIDENT, THE
ADMINISTRATOR, OTHER AUTHORIZED OFFICIALS, A COURT OF COMPETENT
JURISDICTION, OR BY OPERATION OF LAW.
(B) THIS ACT SHALL NOT AFFECT ANY PROCEEDING PENDING, AT THE TIME
THIS ACT TAKES EFFECT, BEFORE ANY DEPARTMENT OR AGENCY (OR COMPONENT
THEROF) REGARDING FUNCTIONS WHICH ARE TRANSFERRED BY THIS ACT; BUT SUCH
PROCEEDINGS, TO THE EXTENT THAT THEY RELATE TO FUNCTIONS SO TRANSFERRED,
SHALL BE CONTINUED. ORDERS SHALL BE ISSUED IN SUCH PROCEEDINGS, APPEALS
(EXCEPT AS PROVIDED IN SECTION 7 (I)(2) OF THIS ACT) SHALL BE TAKEN
THEREFROM, AND PAYMENTS SHALL BE MADE PURSUANT TO SUCH ORDERS, AS IF
THIS ACT HAD NOT BEEN ENACTED; AND ORDERS ISSUED IN ANY SUCH
PROCEEDINGS SHALL CONTINUE IN EFFECT UNTIL MODIFIED, TERMINATED,
SUPERSEDED, OR REVOKED BY A DULY AUTHORIZED OFFICIAL, BY A COURT OF
COMPETENT JURISDICTION, OR BY OPERATION OF LAW. NOTHING IN THIS
SUBSECTION SHALL BE DEEMED TO PROHIBIT THE DISCONTINUANCE OR
MODIFICATION OF ANY SUCH PROCEEDING UNDER THE SAME TERMS AND CONDITIONS,
AND TO THE SAME EXTENT, THAT SUCH PROCEEDING COULD HAVE BEEN
DISCONTINUED IF THIS ACT HAD NOT BEEN ENACTED.
(C) EXCEPT AS PROVIDED IN SUBSECTION (E)--,
(1) THE PROVISIONS OF THIS ACT SHALL NOT AFFECT SUITS COMMENCED
PRIOR TO THE DATE THIS ACT TAKES EFFECT, AND
(2) IN ALL SUCH SUITS PROCEEDINGS SHALL BE HAD, APPEALS TAKEN,
AND JUDGMENTS RENDERED, IN THE SAME MANNER AND EFFECT AS IF THIS
ACT HAD NOT BEEN ENACTED.
(D) NO SUIT, ACTION, OR OTHER PROCEEDING COMMENCED BY OR AGAINST ANY
OFFICER IN HIS OFFICIAL CAPACITY AS AN OFFICER OF ANY DEPARTMENT OR
AGENCY, FUNCTIONS OF WHICH ARE TRANSFERRED BY THIS ACT, SHALL ABATE BY
REASON OF THE ENACTMENT OF THIS ACT. NO CAUSE OF ACTION BY OR AGAINST
ANY DEPARTMENT OR AGENCY, FUNCTIONS OF WHICH ARE TRANSFERRED BY THIS
ACT, OR BY OR AGAINST ANY OFFICER THEREOF IN HIS OFFICIAL CAPACITY SHALL
ABATE BY REASON OF THE ENACTMENT OF THIS ACT. CAUSES OF ACTIONS, SUITS,
ACTIONS, OR OTHER PROCEEDINGS MAY BE ASSERTED BY OR AGINST THE UNITED
STATES OR SUCH OFFICIAL AS MAY BE APPROPRIATE AND, IN ANY LITIGATION
PENDING WHEN THIS ACT TAKES EFFECT, THE COURT MAY AT ANY TIME, ON ITS
OWN MOTION OR THAT OF ANY PARTY, ENTER ANY ORDER WHICH WILL GIVE EFFECT
TO THE PROVISIONS OF THIS SECTION.
(E) IF, BEFORE THE DATE ON WHICH THIS ACT TAKES EFFECT, ANY
DEPARTMENT OR AGENCY, OR OFFICER THEREOF IN HIS OFFICIAL CAPACITY, IS A
PARTY TO A SUIT, AND UNDER THIS ACT ANY FUNCTION OF SUCH DEPARTMENT,
AGENCY, OR OFFICER IS TRANSFERRED TO THE ADMINISTRATOR, OR ANY OTHER
OFFICIAL, THEN SUCH SUIT SHALL BE CONTINUED AS IF THIS ACT HAD NOT BEEN
ENACTED, WITH THE ADMINISTRATOR, OR OTHER OFFICIAL AS THE CASE MAY BE,
SUBSTITUTED.
(F) FINAL ORDERS AND ACTIONS OF ANY OFFICIAL OR COMPONENT IN THE
PERFORMANCE OF FUNCTIONS TRANSFERRED BY THIS ACT SHALL BE SUBJECT TO
JUDICIAL REVIEW TO THE SAME EXTENT AND IN THE SAME MANNER AS IF SUCH
ORDERS OR ACTIONS HAD BEEN MADE OR TAKEN BY THE OFFICER, DEPARTMENT,
AGENCY, OR INSTRUMENTALITY IN THE PERFORMANCE OF SUCH FUNCTIONS
IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS ACT. ANY STATUTORY
REQUIREMENTS RELATING TO NOTICES, HEARINGS, ACTION UPON THE RECORD, OR
ADMINISTRATIVE REVIEW THAT APPLY TO ANY FUNCTION TRANSFERRED OR
DELEGATED BY THIS ACT SHALL APPLY TO THE PERFORMANCE OF THOSE FUNCTIONS
BY THE ADMINISTRATOR, OR ANY OFFICER OR COMPONENT OF THE ADMINISTRATION.
IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE PROVISIONS OF THIS
SUBSECTION AND SECTION 7, THE PROVISIONS OF SECTION 7 SHALL GOVERN.
(G) WITH RESPECT TO ANY FUNCTION TRANSFERRED BY THIS ACT AND
PERFORMED AFTER THE EFFECTIVE DATE OF THIS ACT, REFERENCE IN ANY OTHER
LAW TO ANY DEPARTMENT OR AGENCY, OR ANY OFFICER OR OFFICE, THE FUNCTIONS
OF WHICH ARE SO TRANSFERRED, SHALL BE DEEMED TO REFER TO THE
ADMINISTRATION, ADMINISTRATOR, OR OTHER OFFICE OR OFFICERS IN WHICH THIS
ACT VESTS SUCH FUNCTIONS.
(H) NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED TO LIMIT,
CURTAIL, ABOLISH, OR TERMINATE ANY FUNCTION OF THE PRESIDENT WHICH HE
HAD IMMEDIATELY BEFORE THE EFFECTIVE DATE OF THIS ACT; OR TO LIMIT,
CURTAIL, ABOLISH, OR TERMINATE HIS AUTHORITY TO PERFORM SUCH FUNCTION;
OR TO LIMIT, CURTAIL, ABOLISH, OR TERMINATE HIS AUTHORITY TO DELEGATE,
REDELEGATE, OR TERMINATE ANY DELEGATIONS OF FUNCTIONS.
(I) ANY REFERENCE IN THIS ACT TO ANY PROVISION OF LAW SHALL BE DEEMED
TO INCLUDE, AS APPROPRIATE, REFERENCES THERETO AS NOW OR HEREAFTER
AMENDED OR SUPPLEMENTED.
INCIDENTAL TRANSFERS //15 USC 768.//
SEC. 9. THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET IS
AUTHORIZED AND DIRECTED TO MAKE SUCH ADDITIONAL INCIDENTAL DISPOSITIONS
OF PERSONNEL, PERSONNEL POSITIONS, ASSETS, LIABILITIES, CONTRACTS,
PROPERTY, RECORDS, AND UNEXPENDED BALANCES OF APPROPRIATIONS,
AUTHORIZATIONS, ALLOCATIONS, AND OTHER FUNDS HELD, USED, ARISING FROM,
AVAILABLE TO, OR TO BE MADE AVAILABLE IN CONNECTION WITH FUNCTIONS WHICH
ARE TRANSFERRED BY OR WHICH REVERT UNDER THIS ACT, AS THE DIRECTOR DEEMS
NECESSARY AND APPROPRIATE TO ACCOMPLISH THE INTENT AND PURPOSE OF THIS
ACT.
DEFINITIONS //15 USC 769.//
SEC. 10. AS USED IN THIS ACT--
(1) ANY REFERENCE TO "FUNCTION" OR "FUNCTIONS" SHALL BE DEEMED
TO INCLUDE REFERENCES TO DUTY, OBLIGATION, POWER, AUTHORITY,
RESPONSIBILITY, RIGHT, PRIVILEGE, AND ACTIVITY, OR THE PLURAL
THEREOF, AS THE CASE MAY BE; AND
(2) ANY REFERENCE TO "PERFORM" OR "PERFORMANCE", WHEN USED IN
RELATION TO FUNCTIONS, SHALL BE DEEMED TO INCLUDE THE EXERCISE OF
POWER, AUTHORITY, RIGHTS, AND PRIVILEGES.
APPOINTMENTS //15 USC 770.//
SEC. 11 (A) FUNDS AVAILABLE TO ANY DEPARTMENT OR AGENCY (OR ANY
OFFICIAL OR COMPONENT THEREOF), AND LAWFULLY AUTHORIZED FOR ANY OF THE
SPECIFIC FUNCTIONS WHICH ARE TRANSFERRED TO THE ADMINISTRATOR BY THIS
ACT, MAY, WITH THE APPROVAL OF THE PRESIDENT, BE USED TO PAY THE
COMPENSATION AND EXPENSES OF ANY OFFICER APPOINTED PURSUANT TO THIS ACT
UNTIL SUCH TIMES AS FUNDS FOR THAT PURPOSE ARE OTHERWISE AVAILABLE.
(B) IN THE EVENT THAT ANY OFFICER REQUIRED BY THIS ACT TO BE
APPOINTED BY AND WITH THE ADVICE AND CONSENT OF THE SENATE SHALL NOT
HAVE ENTERED UPON OFFICE ON THE EFFECTIVE DATE OF THIS ACT, THE
PRESIDENT MAY DESIGNATE ANY OFFICER, WHOSE APPOINTMENT WAS REQUIRED TO
BE MADE BY AND WITH THE ADVICE AND CONSENT OF THE SENATE AND WHO WAS
SUCH AN OFFICER IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT, OR
ANY OFFICER WHO WAS PERFORMING ESSENTIALLY THE SAME FUNCTIONS
IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS ACT, TO ACT IN SUCH
OFFICE UNTIL THE OFFICE IS FILLED AS PROVIDED IN THIS ACT: PROVIDED,
THAT ANY OFFICER ACTING PURSUANT TO THE PROVISIONS OF THIS SUBSECTION
MAY ACT NO LONGER THAN A PERIOD OF THIRTY DAYS UNLESS DURING SUCH PERIOD
HIS APPOINTMENT AS SUCH AN OFFICER IS SUBMITTED TO THE SENATE FOR ITS
ADVICE AND CONSENT.
(C) TRANSFER OF NONTEMPORARY PERSONNEL PURSUANT TO THIS ACT SHALL NOT
CAUSE ANY SUCH EMPLOYEE TO BE SEPARATED OR REDUCED IN GRADE OR
COMPENSATION, EXCEPT FOR CAUSE, FOR ONE YEAR AFTER SUCH TRANSFER.
(D) ANY PERSON WHO, ON THE EFFECTIVE DATE OF THIS ACT, HELD A
POSITION COMPENSATED IN ACCORDANCE WITH THE EXECUTIVE SCHEDULE
PRESCRIBED IN CHAPTER 53 OF TITLE 5 OF THE UNITED STATES CODE, //80
STAT. 458; 84 STAT. 1946, 5 USC 5301.// AND WHO, WITHOUT A BREAK IN
SERVICE, IS APPOINTED IN THE ADMINISTRATION TO A POSITION HAVING DUTIES
COMPARABLE TO THOSE PERFORMED IMMEDIATELY PRECEDING HIS APPOINTMENT,
SHALL CONTINUE TO BE COMPENSATED IN HIS NEW POSITION AT NOT LESS THAN
THE RATE PROVIDED FOR HIS PREVIOUS POSITION.
ACCESS TO INFORMATION BY THE COMPTROLLER GENERAL //15 USC
771.//
SEC. 12. (A) FOR THE DURATION OF THIS ACT, THE COMPTROLLER GENERAL OF
THE UNITED STATES SHALL MONITOR AND EVALUATE THE OPERATIONS OF THE
ADMINISTRATION INCLUDING ITS REPORTING ACTIVITIES. THE COMPTROLLER
GENERAL SHALL (1) CONDUCT STUDIES OF EXISTING STATUTES AND REGULATIONS
GOVERNING THE ADMINISTRATION'S PROGRAMS; (2) REVIEW THE POLICIES AND
PRACTICES OF THE ADMINISTRATION; (3) REVIEW AND EVALUATE THE PROCEDURES
FOLLOWED BY THE ADMINISTRATOR IN GATHERING, ANALYZING, AND INTERPRETING
ENERGY STATISTICS, DATA, AND INFORMATION RELATED TO THE MANAGEMENT AND
CONSERVATION OF ENERGY, INCLUDING BUT NOT LIMITED TO DATA RELATED TO
ENERGY COSTS, SUPPLY, DEMAND, INDUSTRY STRUCTURE, AND ENVIRONMENTAL
IMPACTS; AND (4) EVALUATE PARTICULAR PROJECTS OR PROGRAMS. THE
COMPTROLLER GENERAL SHALL HAVE ACCESS TO SUCH DATA WITHIN THE POSSESSION
OR CONTROL OF THE ADMINISTRATION FROM ANY PUBLIC OR PRIVATE SOURCE
WHATEVER, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, AS ARE
NECESSARY TO CARRY OUT HIS RESPONSIBILITIES UNDER THIS ACT AND SHALL
REPORT TO THE CONGRESS AT SUCH TIMES AS HE DEEMS APPROPRIATE WITH
RESPECT TO THE ADMINISTRATION'S PROGRAMS, INCLUDING HIS RECOMMENDATIONS
FOR MODIFICATIONS IN EXISTING LAWS, REGULATIONS, PROCEDURES, AND
PRACTICES.
(B) THE COMPTROLLER GENERAL OR ANY OF HIS AUTHORIZED REPRESENTATIVES
IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS SECTION MAY REQUEST
ACCESS TO ANY BOOKS, DOCUMENTS, PAPERS, STATISTICS, DATA, RECORDS, AND
INFORMATION OF ANY PERSON OWNING OR OPERATING FACILITIES OR BUSINESS
PREMISES WHO IS ENGAGED IN ANY PHASE OF ENERGY SUPPLY OR MAJOR ENERGY
CONSUMPTION, WHERE SUCH MATERIAL RELATES TO THE PURPOSES OF THIS ACT,
INCLUDING BUT NOT LIMITED TO ENERGY COSTS, DEMAND, SUPPLY, INDUSTRY
STRUCTURE, AND ENVIRONMENTAL IMPACTS. THE COMPTROLLER GENERAL MAY
REQUEST SUCH PERSON TO SUBMIT IN WRITING SUCH ENERGY INFORMATION AS THE
COMPTROLLER GENERAL MAY PRESCRIBE.
(C) THE COMPTROLLER GENERAL OF THE UNITED STATES, OR ANY OF HIS DULY
AUTHORIZED REPRESENTATIVES, SHALL HAVE ACCESS TO AND THE RIGHT TO
EXAMINE ANY BOOKS, DOCUMENTS, PAPERS, RECORDS, OR OTHER RECORDED
INFORMATION OF ANY RECIPIENTS OF FEDERAL FUNDS OR ASSISTANCE UNDER
CONTRACTS, LEASES, COOPERATIVE AGREEMENTS, OR OTHER TRANSACTIONS ENTERED
INTO PURSUANT TO SUBSECTION (D) OR (G) OF SECTION 7 OF THIS ACT WHICH IN
THE OPINION OF THE COMPTROLLER GENERAL MAY BE RELATED OR PERTINENT TO
SUCH CONTRACTS, LEASES, COOPERATIVE AGREEMENTS, OR SIMILAR TRANSACTIONS.
(D) TO ASSIST IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS
SECTION, THE COMPTROLLER GENERAL MAY, WITH THE CONCURRENCE OF A DULY
ESTABLISHED COMMITTEE OF CONGRESS HAVING LEGISLATIVE OR INVESTIGATIVE
JURISDICTION OVER THE SUBJECT MATTER AND UPON THE ADOPTION OF A
RESOLUTION BY SUCH A COMMITTEE WHICH SETS FORTH SPECIFICALLY THE SCOPE
AND NECESSITY THEREFOR, AND THE SPECIFIC IDENTITY OF THOSE PERSONS FROM
WHOM INFORMATION IS SOUGHT, SIGN AND ISSUE SUBPENAS REQUIRING THE
PRODUCTION OF THE BOOKS, DOCUMENTS, PAPERS, STATISTICS, DATA, RECORDS,
AND INFORMATION REFERRED TO IN SUBSECTION (B) OF THIS SECTION.
(E) IN CASE OF DISOBEDIENCE TO A SUBPENA ISSUED UNDER SUBSECTION (D)
OF THIS SECTION, THE COMPTROLLER GENERAL MAY INVOKE THE AID OF ANY
DISTRICT COURT OF THE UNITED STATES IN REQUIRING THE PRODUCTION OF THE
BOOKS, DOCUMENTS, PAPERS, STATISTICS, DATA, RECORDS, AND INFORMATION
REFERRED TO IN SUBSECTION (B) OF THIS SECTION. ANY DISTRICT COURT OF
THE UNITED STATES WITHIN THE JURISDICTION WHERE SUCH PERSON IS FOUND OR
TRANSACTS BUSINESS MAY, IN CASE OF CONTUMACY OR REFUSAL TO OBEY A
SUBPENA ISSUED BY THE COMPTROLLER GENERAL, ISSUE AN ORDER REQUIRING SUCH
PERSON TO PRODUCE THE BOOKS, DOCUMENTS, PAPERS, STATISTICE, DATA,
RECORDS, OR INFORMATION; AND ANY FAILURE TO OBEY SUCH ORDER OF THE
COURT SHALL BE PUNISHED BY THE COURT AS A CONTEMPT THEREOF.
(F) REPORTS SUBMITTED BY THE COMPTROLLER GENERAL TO THE CONGRESS
PURSUANT TO THIS SECTION SHALL BE AVAILABLE TO THE PUBLIC AT REASONABLE
COST AND UPON IDENTIFIABLE REQUEST. THE COMPTROLLER GENERAL MAY NOT
DISCLOSE TO THE PUBLIC ANY INFORMATION WHICH CONCERNS OR RELATES TO A
TRADE SECRET OR OTHER MATTER REFERRED TO IN SECTION 1905 OF TITLE 18,
UNITED STATES CODE, //62 STAT. 791.// EXCEPT THAT SUCH INFORMATION SHALL
BE DISCLOSED BY THE COMPTROLLER GENERAL OR THE ADMINISTRATOR, IN A
MANNER DESIGNED TO PRESERVE ITS CONDIFIDENTIALITY--,
(1) TO OTHER FEDERAL GOVERNMENT DEPARTMENTS, AGENCIES, AND
OFFICIALS FOR OFFICAIL USE UPON REQUEST;
(2) TO COMMITTEES OF CONGRESS UON REQUEST; AND
(3) TO A COURT IN ANY JUDICIAL PROCEEDING UNDER COURT ORDER.
INFORMATION-GATHERING POWER //15 USC 772.//
SEC. 13. (A) THE ADMINISTRATOR SHALL COLLECT, ASSEMBLE, EVALUATE, AND
ANALYZE INFORMATION BY CATEGORICAL GROUPINGS, ESTABLISHED BY THE
ADMINISTRATOR, OF SUFFICIENT COMPREHENSIVENESS AND PARTICULARITY TO
PERMIT FULLY INFORMED MONITORING AND POLICY GUIDANCE WITH RESPECT TO THE
EXERCISE OF HIS FUNCTIONS UNDER THIS ACT.
(B) ALL PERSONS OWNING OR OPERATING FACILITIES OR BUSINESS PREMISES
WHO ARE ENGAGED IN ANY PHASE OF ENERGY SUPPLY OR MAJOR ENERGY
CONSUMPTION SHALL MAKE AVAILABLE TO THE ADMINISTRATOR SUCH INFORMATION
AND PERIODIC REPORTS, RECORDS, DOCUMENTS, AND OTHER DATA, RELATING TO
THE PURPOSES OF THIS ACT, INCLUDING FULL IDENTIFICATION OF ALL DATA AND
PROJECTIONS AS TO SOURCE, TIME, AND METHODOLOGY OF DEVELOPMENT, AS THE
ADMINISTRATOR MAY PRESCRIBE BY REGULATION OR ORDER AS NECESSARY OR
APPROPRIATE FOR THE PROPER EXERCISE OF FUNCTIONS UNDER THIS ACT.
(C) THE ADMINISTRATOR MAY REQUIRE, BY GENERAL OR SPECIAL ORDERS, ANY
PERSON ENGAGED IN ANY PHASE OF ENERGY SUPPLY OR MAJOR ENERGY CONSUMPTION
TO FILE WITH THE ADMINISTRATOR IN SUCH FORM AS HE MAY PRESCRIBE, REPORTS
OR ANSWERES IN WRITING TO SUCH SPECIFIC QUESTIONS, SURVEYS, OR
QUESTIONNAIRES AS MAY BE NECESSARY TO ENABLE THE ADMINISTRATOR TO CARRY
OUT HIS FUNCTIONS UNDER THIS ACT. SUCH REPORTS AND ANSWERS SHALL BE
MADE UNDER OATH, OR OTHERWISE, AS THE ADMINISTRATOR MAY PRESCRIBE, AND
SHALL BE FILED WITH THE ADMINISTRATOR WITHIN SUCH REASONABLE PERIOD AS
HE MAY PRESCRIBE.
(D) THE ADMINISTRATOR, TO VERIFY THE ACCURACY OF INFORMATION HE HAS
RECEIVED OR OTHERWISE TO OBTAIN INFORMATION NECESSARY TO PERFORM HIS
FUNCTIONS UNDER THIS ACT, IS AUTHORIZED TO CONDUCT INVESTIGATIONS, AND
IN CONNECTION THEREWITH, TO CONDUCT, AT REASONABLE TIMES AND IN A
REASONABLE MANNER, PHYSICAL INSPECTIONS AT ENERGY FACILITIES AND
BUSINESS PREMISES, TO INVENTORY AND SAMPLE ANY STOCK OF FUELS OR ENERGY
SOURCES THEREIN, TO INSPECT AND COPY RECORDS, REPORTS, AND DOCUMENTS
FROM WHICH ENERGY INFORMATION HAS BEEN OR IS BEING COMPILED, AND TO
QUESTION SUCH PERSONS AS HE MAY DEEM NECESSARY.
(E)(1) THE ASMINISTRATOR, OR ANY OF HIS DULY AUTHORIZED AGENTS, SHALL
HAVE THE POWER TO REQUIRE BY SUBPENA THE ATTENDANCE AND TESTIMONY OF
WITNESSES, AND THE PRODUCTION OF ALL INFORMATION, DOCUMENTS, REPORTS,
ANSWERS, RECORDS, ACCOUNTS, PAPERS, AND OTHER DATA AND DOCUMENTARY
EVIDENCE WHICH THE ADMINISTRATOR IS AUTHORIZED TO OBTAIN PURSUANT TO
THIS SECTION.
(2) ANY APPROPRIATE UNITED STATES DISTRICT COURT MAY, IN CASE OF
CONTUMACY OR REFUSAL TO OBEY A SUBPENA ISSUED PURSUANT TO THIS SECTION,
ISSUE AN ORDER REQUIRING THE PARTY TO WHOM SUCH SUBPENA IS DIRECTED TO
APPEAR BEFORE THE ADMINISTRATION AND TO GIVE TESTIMONY TOUCHING ON THE
MATTER IN QUESTION, OR TO PRODUCE ANY MATTER DESCRIBED IN PARAGRAPH (1)
OF THIS SUBSECTION, AND ANY FAILURE TO OBEY SUCH ORDER OF THE COURT MAY
BE PUNISHED BY SUCH COURT AS A CONTEMPT THEREOF.
(F) THE ADMINISTRATOR SHALL COOOECT FROM DEPARTMENTS, AGENCIES AND
INSTRUMENTALITIES OF THE EXECUTIVE BRANCH OF THE GOVERNMENT (INCLUDING
INDEPENDENT AGENCIES), AND EACH SUCH DEPARTMENT, AGENCY, AND
INSTRUMENTALITY IS AUTHORIZED AND DIRECTED TO FURNISH, UPON HIS REQUEST,
INFORMATION CONCERNING ENERGY RESOURCES ON LANDS OWNED BY THE GOVERNMENT
OF THE UNITED STATES. SUCH INFORMATION SHLL INCLUDE, BUT NOT BE LIMITED
TO, QUANTITIES OF RESERVES, CURRENT OR PROPOSED LEASING AGREEMENTS,
ENVIRONMENTAL CONSIDERATIONS, AND ECONOMIC IMPACT ANALYSES.
PUBLIC DISCLOSURE OF INFORMATION //15 USC 773.//
SEC. 14. (A) THE ADMINISTRATOR SHALL MAKE PUBLIC, ON A CONTINUING
BASIS, ANY STATISTICAL AND ECONOMIC ANALYSES, DATA, INFORMATION, AND
WHATEVER REPORTS AND SUMMARIES ARE NECESSARY TO KEEP THE PUBLIC FULLY
AND CURRENTLY INFORMED AS TO THE NATURE, EXTENT, AND PROJECTED DURATION
OF SHORTAGES OF ENERGY SUPPLIES, THE IMPACT OF SUCH SHORTAGES, AND THE
STEPS BEING TAKEN TO MINIMIZE SUCH IMPACTS.
(B) SUBJECT TO THE PROVISIONS OF THIS ACT, SECTION 552 OF TITLE 5,
UNITED STATES CODE, //81 STAT. 54.// SHALL APPLY TO PUBLIC DISCLOSURE OF
INFORMATION BY THE ADMINISTRATOR: PROVIDED, THAT NOTWITHSTANDING SAID
SECTION, THE PROVISIONS OF SECTION 1905 OF TITLE 28, UNITED STATES CODE,
//62 STAT. 791.// OR ANY OTHER PROVISION OF LAW, (1) ALL MATTERS
REPORTED TO, OR OTHERWISE OBTAINED BY, ANY PERSON EXERCISING AUTHORITY
UNDER THIS ACT CONTAINING TRADE SECRETS OR OTHER MATTER REFERRED TO IN
SECTION 1905 OF TITLE 18, UNITED STATES CODE, MAY BE DISCLOSED TO OTHER
PERSONS AUTHORIZED TO PERFORM FUNCTIONS UNDER THIS ACT SOLELY TO CARRY
OUT THE PURPOSES OF THE ACT, OR WHEN RELEVANT IN ANY PROCEEDING UNDER
THIS ACT; AND (2) THE ADMINISTRATOR SHALL DISCLOSE TO THE PUBLIC, AT A
REASONABLE COST, AND UPON A REQUEST WHICH REASONABLY DESCRIBES THE
MATTER SOUGHT, ANY MATTER OF THE TYPE WHICH COULD NOT BE EXCLUDED FROM
PUBLIC ANNUAL REPORTS TO THE SECURITIES AND EXCHANGE COMMISSION PURSUANT
TO SECTION 13 OR 15 (D) OF THE SECURITIES EXCHANGE ACT OF 1934 //48
STAT. 894, 78 STAT. 574, 15 USC 78M, 78O.// BY A BUSINESS ENTERPRISE
EXCLUSIVELY ENGAGED IN THE MANUFACTURE OR SALE OF A SINGLE PRODUCT,
UNLESS SUCH MATTER CONCERNS OR RELATES TO THE TRADE SECRETS. PROCESSES,
OPERATIONS, STYLE OF WORK, OR APPARATUS OF A BUSINESS ENTERPRISE.
(C) TO PROTECT AND ASSURE PRIVACY OF INDIVIDUALS AND CONFIDENTIALITY
OF PERSONAL INFORMATION, THE ADMINISTRATOR IS DIRECTED TO ESTABLISH
GUIDELINES AND PROCEDURES FOR HANDLING ANY INFORMATION WHICH THE
ADMINISTRATION OBTAINS PERTAINING TO INDIVIDUALS. HE SHALL PROVIDE, TO
THE EXTENT PRACTICABLE, IN SUCH GUIDELINES AND PROCEDURES A METHOD FOR
ALLOWING ANY SUCH INDIVIDUAL TO GAIN ACCESS TO SUCH INFORMATION
PERTAINING TO HIMSELF.
REPORTS AND RECOMMENDATIONS //15 USC 774.//
SEC. 15. (A) SIX MONTHS BEFORE THE EXPIRATION OF THIS ACT, THE
PRESIDENT SHALL TRANSMIT TO CONGRESS A FULL REPORT TOGETHER WITH HIS
RECOMMENDATIONS FOR--,
(1) DISPOSITION OF THE FUNCTIONS OF THE ADMINISTRATION UPON ITS
TERMINATION;
(2) CONTINUATION OF THE ADMINISTRATION WITH ITS PRESENT
FUNCTIONS; OR
(3) REORGANIZATION OF THE ADMINISTRATION; AND
(4) ORGANIZATION OF THE FEDERAL GOVERNMENT FOR THE MANAGEMENT
OF ENERGY AND NATURAL RESOURCES POLICIES AND PROGRAMS.
(B) NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ACT, THE
ADMINISTRATOR SHALL SUBMIT A REPORT TO THE PRESIDENT AND CONGRESS WHICH
WILL PROVIDE A COMPLETE AND INDEPENDENT ANALYSIS OF ACTUAL OIL AND GAS
RESERVES AND RESOURCES IN THE UNITED STATES AND ITS OUTER CONTINENTAL
SHELF, AS WELL AS OF THE EXISTING PRODUCTIVE CAPACITY AND THE EXTENT TO
WHICH SUCH CAPACITY COULD BE INCREASED FOR CRUDE OIL AND EACH MAJOR
PETROLEUM PRODUCT EACH YEAR FOR THE NEXT TEN YEARS THROUGH FULL
UTILIZATION OF AVAILABLE TECHNOLOGY AND CAPACITY. THE REPORT SHALL ALSO
CONTAIN THE ADMINISTRATION'S RECOMMENDATIONS FOR IMPROVING THE
UTILIZATION AND EFFECTIVENESS OF FEDERAL ENERGY DATA AND ITS MANNER OF
COLLECTION. THE DATA COLLECTION AND ANALYSIS PROTION OF THIS REPORT
SHALL BE PREPARED BY THE FEDERAL TRADE COMMISSION FOR THE
ADMINISTRATION. UNLESS SPECIFICALLY PROHIBITED BY LAW, ALL FEDERAL
AGENCIES SHALL MAKE AVAILABLE ESTIMATES, STATISTICS, DATA AND OTHER
INFORMATION IN THEIR FILES WHICH, IN THE JUDGMENT OF THE COMMISSION OR
ADMINISTRATION, ARE NECESSARY FOR THE PURPOSES OF THIS SUBSECTION.
(C) THE ADMINISTRATOR SHALL PREPARE AND SUBMIT DIRECTLY TO THE
CONGRESS AND THE PRESIDENT EVERY YEAR AFTER THE DATE OF ENACTMENT OF
THIS ACT A REPORT WHICH SHALL INCLUDE--,
(1) A REVIEW AND ANALYSIS OF THE MAJOR ACTIONS TAKEN BY THE
ADMINISTRATOR;
(2) AN ANALYSIS OF THE IMPACT THESE ACTIONS HAVE HAD ON THE
NATION'S CIVILIAN REQUIREMENTS FOR ENERGY SUPPLIES FOR MATERIALS
AND COMMODITIES;
(3) A PROJECTION OF THE ENERGY SUPPLY FOR THE MIDTERM AND LONG
TERM FOR EACH OF THE MAJOR TYPES OF FUEL AND THE POTENTIAL SIZE
AND IMPACT OF ANY ANTICIPATED SHORTAGES, INCLUDING RECOMMENDATIONS
FOR MEASURES TO--,
(A) MINIMIZE DEFICIENCIES OF ENERGY SUPPLIES IN RELATION TO
NEEDS;
(B) MAINTAIN THE HEALTH AND SAFETY OF CITIZENS;
(C) MAINTAIN PRODUCTION AND EMPLOYMENT AT THE HIGHEST FEASIBLE
LEVEL;
(D) EQUITABLY SHARE THE BURDEN OF SHORTAGES AMONG INDIVIDUALS
AND BUSINESS FIRMS; AND
(E) MINIMIZE ANY DISTORTION OF VOLUNTARY CHOICES OF INDIVIDUALS
AND FIRMS;
(4) A SUMMARY LISTING OF ALL RECIPIENTS OF FUNDS AND THE AMOUNT
THEREOF WITHIN THE PRECEDING PERIOD; AND
(5) A SUMMARY LISTING OF INFORMATION-GATHERING ACTIVITIES
CONDUCTED UNDER SECTION 13 OF THIS ACT.
(D) NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS ACT,
THE ADMINISTRATOR SHALL ISSUE PRELIMINARY SUMMER GUIDELINES FOR CITIZEN
FUEL USE.
(E) THE ADMINISTRATOR SHALL PROVIDE INTERIM REPORTS TO THE CONGRESS
FROM TIME TO TIME AND WHEN REQUESTED BY COMMITTEES OF CONGRESS.
SEX DISCRIMINATION //15 USC 775.//
SEC. 16. NO INDIVIDUAL SHALL ON THE GROUNDS OF SEX BY EXCLUDED FROM
PARTICIPATION IN, BE DENIED THE BENEFITS OF, OR BE SUBJECTED TO
DISCRIMINATION UNDER ANY PROGRAM OR ACTIVITY CARRIED ON OR RECEIVING
FEDERAL ASSISTANCE UNDER THIS ACT. THIS PROVISION WILL BE INFORCED
THROUGH AGENCY PROVISIONS AND RULES SIMILAR TO THOSE ALREADY
ESTABLISHED, WITH RESPECT TO RACIAL AND OTHER DISCRIMINATION, UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964. //78 STAT. 252, 42 USC
2000D.// HOWEVER, THIS REMEDY IS NOT EXCLUSIVE AND WILL NOT PREJUDICE OR
REMOVE ANY OTHER LEGAL REMEDIES AVAILABLE TO ANY INDIVIDUAL ALLEGING
DISCRIMINATION.
ADVISORY COMMITTEES //15 USC 776.//
SEC. 17. (A) WHENEVER THE ADMINISTRATOR SHALL ESTABLISH OR UTILIZE
ANY BOARD, TASK FORCE, COMMISSION, COMMITTEE, OR GROUP, NOT COMPOSED
ENTIRELY OF FULL-TIME GOVERNMENT EMPLOYEES, TO ADVISE WITH RESPECT TO,
OR TO FORMULATE OR CARRY OUT, ANY AGREEMENT OR PLAN OF ACTION AFFECTING
ANY INDUSTRY OR SEGMENT THEREOF, THE ADMINISTRATOR SHALL ENDEAVOR TO
INSURE THAT EACH SUCH GROUP IS REASONABLY REPRESENTATIVE OF THE VARIOUS
POINTS OF VIEW AND FUNCTIONS OF THE INDUSTRY AND USERS AFFECTED,
INCLUDING THOSE OF RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CONSUMERS,
AND SHALL INCLUDE, WHERE APPROPRIATE, REPRESENTATION FROM BOTH STATE AND
LOCAL GOVERNMENTS, AND FROM REPRESENTATIVES OF STATE REGULATORY UTILITY
COMMISSIONS, SELECTED AFTER CONSULTATION WITH THE RESPECTIVE NATIONAL
ASSOCIATIONS.
(B) EACH MEETING OF SUCH BOARD, TASK FORCE, COMMISSION, COMMITTEE, OR
SIMILAR GROUP, SHALL BE OPEN TO THE PUBLIC, AND INTERESTED PERSONS SHALL
BE PERMITTED TO ATTEND, APPEAR BEFORE, AND FILE STATEMENTS WITH, SUCH
GROUP, EXCEPT THAT THE ADMINISTRATOR MAY DETERMINE THAT SUCH MEETING
SHALL BE CLOSED IN THE INTEREST OF NATIONAL SECURITY. SUCH
DETERMINATION SHALL BE IN WRITING, SHALL CONTAIN A DETAILED EXPLANATION
OF REASONS IN JUSTIFICATION OF THE DETERMINATION, AND SHALL BE MADE
AVAILABLE TO THE PUBLIC.
(C) ALL REOCRDS, REPORTS, TRANSCRIPTS, MEMORANDA, AND OTHER
DOCUMENTS, WHICH WERE PREPARED FOR OR BY SUCH GROUP, SHALL BE AVAILABLE
FOR PUBLIC INSPECTION AND COPYING AT A SINGLE LOCATION IN THE OFFICES OF
THE ADMINISTRATION.
(D) ADVISORY COMMITTEES ESTABLISHED OR UTILIZED PURSUANT TO THIS ACT
SHALL BE GOVERNED IN FULL BY THE PROVISIONS OF THE FEDERAL ADVISORY
COMMITTEE ACT (PUBLIC LAW 92 - 463, 86 STAT. 770), //5 USC APP. 1.//
EXCEPT AS INCONSISTENT WITH THIS SECTION.
ECONOMIC ANALYSIS OF PROPOSED ACTIONS //15 USC 777.//
SEC. 18. (A) IN CARRYING OUT THE PROVISIONS OF THIS ACT, THE
ADMINISTRATOR SHALL, TO THE GREATEST EXTENT PRACITCABLE, INSURE THAT THE
POTENTIAL ECONOMIC IMPACTS OF PROSED REGULATORY AND OTHER ACTIONS ARE
EVALUATED AND CONSIDERED, INCLUDING BUT NOT LIMITED TO AN ANALYSIS OF
THE EFFECT OF SUCH ACTIONS ON--,
(1) THE FISCAL INTEFRITY OF STATE AND LOCAL GOVERNMENTS;
(2) VITAL INDUSTRIAL SECTORS OF THE ECONOMY;
(3) EMPLOYMENT, BY INDUSTRIAL AND TRADE SECTORS, AS WELL AS ON
A NATIONAL, REGIONAL, STATE, AND LOCAL BASIS;
(4) THE ECONOMIC VITALITY OF REGIONAL, STATE, AND LOCAL
AREAS;
(5) THE AVAILABILITY AND PRICE OF CONSUMER GOODS AND
SERVICES;
(6) THE GROSS NATIONAL PRODUCT;
(7) LOW AND MIDDLE INCOME FAMILIES AS DEFINED BY THE BUREAU OF
LABOR STATISTICS;
(8) COMPETITION IN ALL SECTORS OF INDUSTRY; AND
(9) SMALL BUSINESS.
(B) THE ADMINISTRATOR SHALL DEVELOP ANALYSES OF THE ECONOMIC IMPACT
OF VARIOUS CONSERVATION MEASURES ON STATES OR SIGNIFICANT SECTORS
THEREOF, CONSIDERING THE IMPACT ON BOTH ENERGY FOR FUEL AND ENERGY AS
FEED STOCK FOR INDUSTRY.
(C) SUCH ANALYSES SHALL, WHEREVER POSSIBLE, BE MADE EXPLICIT, AND TO
THE EXTENT POSSIBLE, OTHER FEDERAL AGENCIES AND AGENCIES OF STATE AND
LOCAL GOVERNMENTS WHICH HAVE SPECIAL KNOWLEDGE AND EXPERTISE RELEVANT TO
THE IMPACT OF PROPOSED REGULATORY OR OTHER ACTIONS SHALL BE CONSULTED IN
MAKING THE ANALYSES, AND ALL FEDERAL AGENCIES ARE AUTHORIZED AND
DIRECTED TO COOPERATE WITH THE ADMINISTRATOR IN PREPARING SUCH ANALYSES:
PROVIDED, THAT THE ADMINISTRATOR'S ACTIONS PURSUANT TO THIS SECTION
SHALL NOT CREATE ANY RIGHT OF REVIEW OR CAUSE OF ACTION EXCEPT AS WOULD
OTHERWISE EXIST UNDER OTHER PROVISIONS OF LAW.
(D) THE ADMINISTRATOR, TOGETHER WITH THE SECRETARIES OF LABOR AND
COMMERCE, SHALL MONITOR THE ECONOMIC IMPACT OF ANY ENERGY ACTIONS TAKEN
BY THE ADMINISTRATOR, AND SHALL PROVIDE THE CONGRESS WITH A REPORT EVERY
SIX MONTHS ON THE IMPACT OF THE ENERGY SHORTAGE AND THE ADMINISTRATOR'S
ACTIONS ON EMPLOYMENT AND THE ECONOMY. SUCH REPORT SHALL CONTAIN
RECOMMENDATIONS AS TO WHETHER ADDITIONAL FEDERAL PROGRAMS OF EMPLOYMENT
AND ECONOMIC ASSISTANCE SHOULD BE PUT IN EFFECT TO MINIMIZE THE IMPACT
OF THE ENERGY SHORTAGE AND ANY ACTIONS TAKEN.
(E) THE ADMINISTRATOR SHALL FORMULATE AND IMPLEMENT REGULATORY AND
OTHER ACTIONS IN A MANNER (1) WHICH DOES NOT UNDULY DISCRIMINATE AGAINST
ANY INDUSTRY OR ANY REGION OF THE UNITED STATES; AND (2) DESIGNED TO
INSURE THAT, TO THE GREATEST EXTENT POSSIBLE, THE COSTS AND BURDENS OF
MEETING ENERGY SHORTAGES SHALL BE BORNE EQUALLY BY EVERY SECTOR AND
SEGMENT OF THE COUNTRY AND OF THE ECONOMY.
MANAGEMENT OVERSIGHT REVIEW //15 USC 778.//
SEC. 19. THE ADMINISTRATOR MAY, FOR A PERIOD NOT EXCEED THIRTY DAYS
IN ANY ONE CALENDAR YEAR, PROVIDE FOR THE EXERCISE OR PERFORMANCE OF A
MANAGEMENT OVERSIGHT REVIEW WITH RESPECT TO THE CONDUCT OF ANY FEDERAL
OR STATE (WITH CONSENT OF THE GOVERNOR) ENERGY PROGRAM CONDUCTED
PURSUANT TO THIS ACT. SUCH REVIEW MAY BE CONDUCTED BY CONTRACT OR BY
ANY FEDERAL DEPARTMENT OR AGNECY. A WRITTEN REPORT SHALL BE SUBMITTED
TO THE ADMINISTRATOR CONCERNING THE FINDINGS OF THE REVIEW.
COORDINATION WITH, AND TECHNICAL ASSISTANCE TO, STATE
GOVERNMENTS //15 USC 779.//
SEC. 20. (A) THE ADMINISTRATOR SHALL--,
(1) COORDINATE FEDERAL ENERGY PROGRAMS AND POLICIES WITH SUCH
PROGRAMS AND POLICIES OF STATE GOVERNMENTS BY PROVIDING--,
(A) WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE
CONGRESS AND STATE GOVERNMENTS WITH A REPORT ON THE MANNER IN
WHICH HE HAS ORGANIZED THE ADMINISTRATION BASED UPON THE FUNCTIONS
DELEGATED BY THE PRESIDENT OR ASSIGNED TO THE ADMINISTRATOR BY
THIS ACT OR UNDER THE AUTHORITY OF OTHER ACTS; AND
(B) WITHIN ONE HUNDRED AND TWENTY DAYS OF THE EFFECTIVE DATE OF
THIS ACT, THE PUBLIC, STATE GOVERNMENTS, AND ALL MEMBERS OF THE
CONGRESS WITH A REPORT IN NONTECHNICAL LANGUAGE WHICH--,
(I) DESCRIBES THE FUNCTIONS PERFORMED BY THE ADMINISTRATION;
(II) SETS FORTH IN DETAIL THE ORGANIZATION OF THE
ADMINISTRATION, THE LOCATION OF ITS OFFICES (INCLUDING REGIONAL,
STATE, AND LOCAL OFFICES), THE NAMES AND PHONE NUMBERS OF
ADMINISTRATION OFFICIALS, AND OTHER APPROPRIATE INFORMATION
CONCERNING THE OPERATION OF THE ADMINISTRATION;
(III) DELINEATES THE ROLE THAT STATE, AND FEDERAL GOVERNMENTS
WILL OR MAY PERFORM IN ACHIEVING THE PURPOSES OF THIS ACT; AND
(IV) PROVIDES THE PUBLIC WITH A CLEAR UNDERSTANDING OF THEIR
DUTIES AND OBLIGATIONS, RIGHTS, AND RESPONSIBLITIES UNDER ANY OF
THE PROGRAMS OR FUNCTIONS OF THE ADMINISTRATION;
(2) BEFORE PROMULGATION ANY RULES, REGULATIONS, OR POLICIES,
AND BEFORE ESTABLISHING ANY PROGRAMS UNDER THE AUTHORITY OF THIS
ACT, PROVIDE, WHERE PRACTICABLE, A REASONABLE PERIOD IN WHICH
STATE GOVERNMENTS MAY PROVIDE WRITTEN COMMENTS IF SUCH RULES,
REGULATIONS, POLICIES, OR PROGRAMS SUBSTANTIALLY AFFECT THE
AUTHORITY OR RESPONSIBILITY OF SUCH STATE GOVERNMENTS;
(3) PROVIDE, IN ACCORDANCE TITHE THE PROVISIONS OF THIS ACT,
UPON REQUEST, TO STATE GOVERNMENTS ALL RELEVANT INFORMATION HE
POSSESSES CONCERNING THE STATUS AND IMPACT OF ENERGY SHORTAGES,
THE EXTENT AND LOCATION OF AVILABEE SUPPLIES AND SHORTAGES OF
CRUDE OIL, PETROLEUM PROUUCTS, NATUAL GAS, AND COAL, WITHIN THE
DISTRIGUTION AREA SERVING THAT PARTICULAR STATE GOVERNMENT; AND
(4) PROVIDE FOR A CENTRAL CLEARINGHOUSE FOR FEDERAL AGENCIES
AND STATE GOVERNMENTS SEEKING ENERGY INFORMATION AND ASSISTANCE
FROM THE FEDERAL GOVERNMENT.
(B) PURSUANT TO HIS RESPONSIBILITY UNDER THIS SECTION, THE
ADMINISTRATOR SHALL--,
(1) PROVIDE TECHNICAL ASSISTANCE--INCLUDING ADVICE AND
CONSULTATION RELATING TO STATE PROGRAMS, AND, WHERE NECESSARY, THE
USE OF TASK FORCES OF PUBLIC OFFICIALS AND PRIVATE PERSONS
ASSIGNED TO WORK WITH STATE GOVERNMENTS--TO ASSIST STATE
GOVERNMENTS IN DEALING WITH ENERGY PROBLEMS AND SHORTAGES AND
THEIR IMPACT AND IN THE DEVELOPMENT OF PLANS, PROGRAMS, AND
POLICIES TO MEET THE PROBLEMS AND SHORTAGES SO IDENTIFIED;
(2) CONVENE CONTERENCES OF STATE AND FEDERAL OFFICIALS, AND
SUCH OTHER PERSONS AS THE ADMINISTRATOR DESIGNATES, TO PROMOTE THE
PURPOSES OF THIS ACT, AND THE ADMINISTRATOR IS AUTHORIZED TO PAY
REASONABLE EXPENSES INCURRED IN THE PARTICIPATION OF INDIVIDUALS
IN SUCH CONFERENCES;
(3) DRAFT AND MAKE AVAILABLE TO STATE GOVERNMENTS MODEL
LEGISLATION WITH RESPECT TO STATE ENERGY PROGRAMS AND POLICIES;
AND
(4) PROMOTE THE PROMULGATION OF UNIFORM CRITERIA, PROCEDURES,
AND FORMS FOR GRANT OR CONTRACT APPLICATIONS FOR ENERGY PROPOSALS
SUBMITTED BY STATE GOVERNMENTS.
OFFICE OF PRIVATE GRIEVANCES AND REDRESS //15 USC 780.//
SEC. 21. (A) THE ADMINISTRATOR SHALL ESTABLISH AND MAINTAIN AN OFFICE
OF PRIVATE GRIEVANCES AND REDRESS, HEADED BY A DIRECTOR, TO RECEIVE AND
EVALUATE PETITIONS FILED IN ACCORDANCE WITH SUBSECTION (B) OF THIS
SECTION, AND TO MAKE RECOMMENDATIONS TO THE ADMINISTRATOR FOR
APPROPRIATE ACTION.
(B) ANY PERSON, ADVERSELY AFFECTED BY ANY ORDER, RULE, OR REGULATION
ISSUED BY THE ADMINISTRATOR IN CARRYING OUT THE FUNCTIONS ASSIGNED TO
HIM UNDER THIS ACT, MAY PETITION THE ADMINISTRATOR FOR SPECIAL REDRESS,
RELIEF, OR OTHER EXTRAORDINARY ASSISTANCE, APART FROM, OR IN ADDITION
TO, ANY RIGHT OR PRIVILEGE TO SEEK REDRESS OF GRIEVANCES PROVIDED IN
SECTION 7.
(C) THE ADMINISTRATOR SHALL REPORT QUARTERLY TO THE CONGRESS ON THE
NATURE AND NUMBER OF THE GRIEVANCES WHICH HAVE BEEN FILED, AND THE
ACTION TAKEN AND RELIEF PROVIDED, PURSUANT TO THIS SECTION; AND HE
SHALL MAKE RECOMMENDATIONS TO THE CONGRESS FROM TIME TO TIME CONCERNING
LEGISLATIVE OR ADMINISTRATIVE ACTIONS WHICH MAY BE TAKEN TO BETTER
ASSIST PERSONS ADVERSELY AFFECTED BY THE ENERGY SHORTAGES AND TO
DISTRIBUTE MORE EQUITABLY THE BURDENS RESULTING FROM ANY MEASURES
ADOPTED, OR ACTIONS TAKEN, BY HIM.
COMPREHENSIVE ENERGY PLAN //15 USC 781.//
SEC. 22. (A) PURSUANT AND SUBJECT TO THE PROVISIONS AND PROCEDURES
SET FORTH IN THIS ACT, THE ADMINISTRATOR SHALL, WITHIN SIX MONTHS FROM
THE DATE OF THE ENACTMENT OF THIS ACT, DEVELOP AND REPORT TO THE
CONGRESS AND THE PRESIDENT A COMPREHENSIVE PLAN DESIGNED TO ALLEVIATE
THE ENERGY SHORTAGE, FOR THE TIME PERIOD COVERED BY THIS ACT. SUCH PLAN
SHALL BE ACCOMPANIED BY FULL ANALYTICAL JUSTIFICATION FOR THE ACTIONS
PROPOSED THEREIN. SUCH ANALYSIS SHALL INCLUDE, BUT NOT BE LIMITED TO--
(1) ESTIMATES OF THE ENERGY SAVINGS OF EACH ACTION AND OF THE
PROGRAM AS A WHOLE;
(2) ESTIMATES OF ANY WINDFALL LOSSES AND GAINS TO BE
EXPERIENCED BY CORPORATIONS, INDUSTRIES, AND CITIZENS GROUPED BY
SOCIOECONOMIC CLASS;
(3) ESTIMATES OF THE IMPACT ON SUPPLIES AND CONSUMPTION OF
ENERGY FORMS CONSEQUENT TO SUCH PRICE CHANGES AS ARE OR MAY BE
PROPOSED; AND
(4) A DESCRIPTION OF ALTERNATIVE ACTIONS WHICH THE
ADMINISTRATOR HAS CONSIDERED TOGETHER WITH A RATIONALE IN
EXPLANATION OF THE REJECTION OF ANY SUCH ALTERNATIVES IN
PREFERENCE TO THE MEASURES ACTUALLY PROPOSED.
(B) THE ADMINISTRATOR MAY, FROM TIME TO TIME, MODIFY OR OTHERWISE
ALTER ANY SUCH PLAN, EXCEPT THAT, UPON REQUEST OF AN APPROPRIATE
COMMITTEE OF THE CONGRESS, THE ADMINISTRATOR SHALL SUPPLY ANALYTICAL
JUSTIFICATIONS FOR ANY SUCH ALTERATIONS.
(C) THE ADMINISTRATOR SHALL BE RESPONSIBLE FOR MONITORING ANY SUCH
PLANS AS ARE IMPLEMENTED WITH RESPECT TO THEIR EFFECTIVENESS IN
ACHIEVING THE ANTICIPATED BENEFITS.
PETROCHEMICAL REPORT //15 USC 782.//
SEC. 23. (A) WITHIN NINETY DAYS AFTER HE HAS ENTERED UPON THE OFFICE
OF ADMINISTRATOR OR HAS BEEN DESIGNATED BY THE PRESIDENT TO ACT IN SUCH
OFFICE, THE ADMINISTRATOR, OR ACTING ADMINISTRATOR, AS THE CASE MAY BE,
WITH THE ASSISTANCE OF THE DEPARTMENT OF COMMERCE, THE COST OF LIVING
COUNCIL, AND THE UNITED STATES TARIFF COMMISSION SHALL, BY WRITTEN
REPORT, INFORM THE CONGRESS AS TO THE--
(1) EFFECT OF CURRENT PETROCHEMICAL PRICES UPON THE CURRENT
LEVEL OF PETROCHEMICAL EXPORTS, AND EXPORT LEVELS EXPECTED FOR
1975;
(2) EFFECT OF CURRENT AND EXPECTED 1975 PETROCHEMICAL EXPORT
LEVELS UPON DOMESTIC PETROCHEMICAL RAW MATERIALS AND PRODUCTS
AVAILABLE TO PETROCHEMICAL PRODUCERS, CONVERTERS, AND FABRICATORS
CURRENTLY AND IN 1975;
(3) CURRENT CONTRIBUTION OF PETROCHEMICAL IMPORTS TO DOMESTIC
SUPPLIES AND THE EXPECTED CONTRIBUTION IN 1975;
(4) ANTICIPATED ECONOMIC EFFECTS OF CURRENT AND EXPECTED 1975
LEVELS OF DOMESTIC SUPPLIES OF PETROCHEMICALS UPON DOMESTIC
PRODUCERS, CONVERTERS, AND FABRICATORS OF PETROCHEMICAL RAW
MATERIALS AND PRODUCTS; AND
(5) EXACT NATURE, EXTENT, AND SOURCES OF DATA AND OTHER
INFORMATION AVAILABLE TO THE FEDERAL GOVERNMENT REGARDING THE
MATTERS SET FORTH IN PARAGRAPHS (1) THROUGH (4) OF THIS
SUBSECTION, INCLUDING THE EXACT NATURE, EXTENT, AND SOURCES OF
SUCH DATA AND INFORMATION UTILIZED IN CONNECTION WITH THE REPORT
REQUIRED BY THIS SUBSECTION.
(B) AS USED IN THIS SECTION, THE TERM "PETROCHEMICAL" INCLUDES
ORGANIC CHEMICALS, CYCLIC INTERMEDIATES, PLASTICS AND RESINS, SYNTHETIC
FIBERS, ELASTOMERS, ORGANIC DYES, ORGANIC PIGMENTS, DETERGENTS, SURFACE
ACTIVE AGENTS, CARBON BLACK AND AMMONIA.
HYDROELECTRIC GENERATING FACILITIES //15 USC 783.//
SEC. 24. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE
ADMINISTRATOR OF THE FEDERAL ENERGY ADMINISTRATION, IN CONSULTATION WITH
THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF THE ARMY, SHALL--
(1) TRANSMIT TO THE CONGRESS--
(A) A LIST OF HYDROELECTRIC GENERATING FACILITIES AND ELECTRIC
POWER TRANSMISSION FACILITIES WHICH HAVE BEEN AUTHORIZED FOR
CONSTRUCTION BY THE CONGRESS AND WHICH ARE NOT YET COMPLETED, AND
(B) A LIST OF OPPORTUNITIES TO INCREASE THE CAPACITY OF
EXISTING HYDROELECTRIC GENERATING FACILITIES, AND
(2) PROVIDE, FOR EACH SUCH FACILITY WHICH IS LISTED--
(A) A CONSTRUCTION SCHEDULE AND COST ESTIMATES FOR AN EXPEDITED
CONSTRUCTION PROGRAM WHICH WOULD MAKE THE FACILITY AVAILABLE FOR
SERVICE AT THE EARLIEST PRACTICABLE DATE, AND
(B) A STATEMENT OF THE ACCOMPLISHMENTS WHICH COULD BE PROVIDED
BY THE EXPEDITED COMPLETION OF EACH FACILITY AND A STATEMENT OF
ANY FUNDS WHICH HAVE BEEN APPROPRIATED BUT NOT YET OBLIGATED.
INFORMATION CONCERNING TRANSACTION, SALE, EXCHANGE OR SHIPMENT
INVOLVING THE EXPORT FROM THE UNITED STATES TO A FOREIGN NATION OF
COAL AND ANY REFINED PETROLEUM PRODUCT //15 USC 784.//
SEC. 25. (A) THE ADMINISTRATOR IS AUTHORIZED AND DIRECTED TO
ESTABLISH AND MAINTAIN A FILE WHICH SHALL CONTAIN INFORMATION CONCERNING
EVERY TRANSACTION, SALE, EXCHANGE OR SHIPMENT INVOLVING THE EXPORT FROM
THE UNITED STATES TO A FOREIGN NATION OF COAL, CRUDE OIL, RESIDUAL OIL
OR ANY REFINED PETROLEUM PRODUCT. INFORMATION TO BE INCLUDED IN THE
FILE SHALL BE CURRENT AND SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
THE NAME OF THE EXPORTER (INCLUDING THE NAME OR NAMES OF THE HOLDERS OF
ANY BENEFICIAL INTERESTS), THE VOLUME AND TYPE OF PRODUCT INVOLVED IN
THE EXPORT TRANSACTION, THE MANNER OF SHIPMENT AND IDENTIFICATION OF THE
VESSEL OR CARRIER, THE DESTINATION, THE NAME OF THE PURCHASER IF A SALE,
EXCHANGE OR OTHER TRANSACTION IS INBOLVED, AND A STATEMENT OF REASONS
JUSTIFYING THE EXPORT.
(B) UPON REQUEST OF ANY COMMITTEE OF CONGRESS OR THE HEAD OF ANY
FEDERAL AGENCY, THE ADMINISTRATOR SHALL PROMPTLY PROVIDE ANY INFORMATION
MAINTAINED IN THE FILE AND A REPORT THEREON TO SUCH COMMITTEE, OR AGENCY
HEAD, EXCEPT WHERE THE PRESIDENT FINDS SUCH DISCLOSURE TO BE DETRIMENTAL
TO NATIONAL SECURITY.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FEDERAL AGENCY
WHICH COLLECTS OR HAS INFORMATION RELEVANT TO THE FUNCTIONS REQUIRED BY
THIS SECTION SHALL MAKE SUCH INFORMATION AVAILABLE TO THE ADMINISTRATOR.
SEC. 26. THE ADMINISTRATOR SHALL CONDUCT A COMPREHENSIVE REVIEW OF
FOREIGN OWNERSHIP OF, INFLUENCE ON, AND CONTROL OF DOMESTIC ENERGY
SOURCES AND SUPPLIES. SUCH REVIEW SHALL DRAW UPON EXISTING INFORMATION,
WHERE AVAILABLE, AND ANY INDEPENDENT INVESTIGATION NECESSARY BY THE
ADMINISTRATION. THE ADMINISTRATOR SHALL, ON OR BEFORE THE EXPIRATION OF
THE ONE HUNDRED AND EIGHTY DAY PERIOD FOLLOWING THE EFFECTIVE DATE OF
THIS ACT, REPORT TO THE CONGRESS IN SUFFICIENT DETAIL SO AS TO APPRISE
THE CONGRESS AS TO THE EXTENT AND FORMS OF SUCH FOREIGN OWNERSHIP OF,
INFLUENCE ON, AND CONTROL OF DOMESTIC ENERGY SOURCES AND SUPPLIES, AND
SHALL THEREAFTER CONTINUE TO MONITOR SUCH OWNERSHIP, INFLUENCE AND
CONTROL.
SEPARABILITY
SEC. 27. IF ANY PROVISION OF THIS ACT, OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCE, IS HELD INVALID, THE REMAINDER OF THIS ACT,
AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES,
SHALL NOT BE AFFECTED THEREBY. //15 USC 761 NOTE.//
REVERSION //15 USC 786.//
SEC. 28. UPON THE TERMINATION OF THIS ACT, ANY FUNCTIONS OR PERSONNEL
TRANSFERRED BY THIS ACT SHALL REVERT TO THE DEPARTMENT, AGENCY, OR
OFFICE FROM WHICH THEY WERE TRANSFERRED. AN OFFICER OR EMPLOYEE OF THE
FEDERAL GOVERNMENT WHO IS APPOINTED, WITHOUT BREAK IN SERVICE OF ONE OR
MORE WORKDAYS, TO ANY POSITION FOR CARRYING OUT FUNCTIONS UNDER THIS ACT
IS ENTITLED, UPON SEPARATION FROM SUCH POSITION OTHER THAN FOR CAUSE, TO
REEMPLOYMENT IN THE POSITION OCCUPIED AT THE TIME OF APPOINTMENT, OR IN
A POSITION OF COMPARABLE GRADE AND SALARY.
AUTHORIZATION OF APPROPRIATIONS
SEC. 29. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED TO THE
ADMINISTRATOR, TO REMAIN AVAILABLE UNTIL EXPENDED, $75,000,000 FOR
FISCAL YEAR 1974, AND $200,000,000 ANNUALLY FOR EACH OF FISCAL YEARS
1975 AND 1976 TO CARRY OUT THE PURPOSES OF THIS ACT. //15 USC 761
NOTE.//
EFFECTIVE DATE; TERMINATION DATE
SEC. 30. THIS ACT SHALL BECOME EFFECTIVE SIXTY DAYS AFTER THE DATE OF
ENACTMENT OR SOONER IF THE PRESIDENT PUBLISHES NOTICE IN THE FEDERAL
REGISTER. THIS ACT SHALL TERMINATE JUNE 30, 1976.
//15 USC 761 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 748 (COMM. ON GOVERNMENT OPERATIONS) AND NO.
93 - 999 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 634 ACCOMPANYING S. 2776 (COMM. ON
GOVERNMENT OPERATIONS) AND NO. 93 - 788 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 19, S. 2776 CONSIDERED AND PASSED
SENATE.
VOL. 120 (174): JAN. 29, MAR. 5 - 7, CONSIDERED AND PASSED
HOUSE.
MAR. 13, CONSIDERED AND PASSED SENATE, AMENDED.
APR. 29, HOUSE AGREED TO CONFERENCE REPORT.
MAY 2, SENATE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 19:
MAY 7, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-274, 88 STAT 94.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT CHAPTER 5 OF TITLE
37, UNITED STATES CODE, IS AMENDED AS FOLLOWS: //37 USC 301, 76 STAT.
464; 87 STAT. 149.//
(1) SECTION 302 IS AMENDED TO READ AS FOLLOWS AND THE ITEM IN
THE CHAPTER ANALYSIS IS AMENDED TO CORRESPOND WITH THE REVISED
CATCHLINE:
"AN OFFICER OF THE ARMY OR NAVY IN THE MEDICAL CORPS, AN OFFICER OF
THE AIR FORCE WHO IS DESIGNATED AS A MEDICAL OFFICER, OR A MEDICAL
OFFICER OF THE PUBLIC HEALTH SERVICE, WHO IS ON ACTIVE DUTY FOR A PERIOD
OF AT LEAST ONE YEAR IS ENTITLED, IN ADDITION TO ANY OTHER PAY OR
ALLOWANCES TO WHICH HE IS ENTITLED, TO SPECIAL PAY AT THE FOLLOWING
RATES--
"(1) $100 A MONTH FOR EACH MONTH OF ACTIVE DUTY IF HE HAS NOT
COMPLETED TWO YEARS OF ACTIVE DUTY IN A CATEGORY NAMED IN THIS
SECTION; OR
"(2) $350 A MONTH FOR EACH MONTH OF ACTIVE DUTY IF HE HAS
COMPLETED AT LEAST TWO YEARS OF ACTIVE DUTY IN A CATEGORY NAMED IN
THIS SECTION.
THE AMOUNTS SET FORTH IN THIS SECTION MAY NOT BE INCLUDED IN COMPUTING
THE AMOUNT OF AN INCREASE IN PAY AUTHORIZED BY ANY OTHER PROVISION OF
THIS TITLE OR IN COMPUTING RETIRED PAY OR SEVERANCE PAY.".
(2) THE FOLLOWING NEW SECTION IS ADDED AFTER SECTION 302A AND A
CORRESPONDING ITEM IS INSERTED IN THE CHAPTER ANALYSIS:
//85 STAT. 357; 87 STAT. 149.//
"AN OFFICER OF THE ARMY OR NAVY IN THE DENTAL CORPS, AN OFFICER OF
THE AIR FORCE WHO IS DESIGNATED AS A DENTAL OFFICER, OR A DENTAL OFFICER
OF THE PUBLIC HEALTH SERVICE, WHO IS ON ACTIVE DUTY FOR A PERIOD OF AT
LEAST ONE YEAR IS ENTITLED, IN AFFITION TO ANY OTHER PAY OR ALLOWANCES
TO WHICH HE IS ENTITLED, TO SPECIAL PAY AT THE FOLLOWING RATES--
"(1) $100 A MONTH FOR EACH MONTH OF ACTIVE DUTY DUTY IF HE HAS
NOT COMPLETED TWO YEARS OF ACTIVE DUTY IN THE DENTAL CORPS OR AS A
DENTAL OFFICER;
"(2) $150 A MONTH FOR EACH MONTH OF ACTIVE DUTY IF HE HAS
COMPLETED AT LEAST TWO YEARS OF ACTIVE DUTY IN THE DENTAL CORPS OR
AS A DENTAL OFFICER; OR
"(3) $250 A MONTH FOR EACH MONTH OF ACTIVE DUTY IF HE HAS
COMPLETED AT LEAST SIX YEARS OF ACTIVE DUTY IN THE DENTAL CORPS OR
AS A DENTAL OFFICER; OR
"(4) $350 A MONTH FOR EACH MONTH OF ACTIVE DUTY IF HE HAS
COMPLETED AT LEAST TEN YEARS OF ACTIVE DUTY IN THE DENTAL CORPS OR
AS A DENTAL OFFICER.
THE AMOUNTS SET FORTH IN THIS SECTION MAY NOT BE INCLUDED IN COMPUTING
THE AMOUNT OF AN INCREASE IN PAY AUTHORIZED BY ANY OTHER PROVISION OF
THIS TITLE OR IN COMPUTING RETIRED PAY OR SEVERANCE PAY.".
(3) THAT PORTION OF THE FIRST SENTENCE OF SECTION 311(A)
PRECEDING CLAUSE (1) IS AMENDED TO READ OR FOLLOWS: //81 STAT.
651.//
"(A) UNDER REGULATIONS TO BE PRESCRIBED BY THE SECRETARY OF DEFENSE
OR BY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, AS APPROPRIATE,
AN OFFICER OF THE ARMY OR NAVE IN THE MEDICAL CORPS ABOVE THE PAY GRADE
OF O-6, AN OFFICER OF THE AIR FORCE WHO IS DESIGNATED AS A MEDICAL
OFFICER AND IS ABOVE THE PAY GRADE OF O-6, A MEDICAL OFFICER OF THE
PUBLIC HEALTH SERVICE ABOVE THE PAY GRADE OF O-6, AN OFFICER OF THE ARMY
OR NAVY IN THE DENTAL CORPS, AN OFFICER OF THE AIR FORCE WHO IS
DESIGNATED AS A DENTAL OFFICER, OR A DENTAL OFFICER OF THE PUBLIC HEALTH
SERVICE WHO--".
(4) BY ADDING THE FOLLOWING NEW SECTION AFTER SECTION 312A //86
STAT. 1277.// AND BY INSERTING A CORRESPONDING ITEM IN
THE CHAPTER ANALYSIS:
DUTY AGREEMENTS
"(A) UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF DEFENSE OR BY
THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, AS APPROPRIATE, AND
APPROVED BY THE PRESIDENT, AN OFFICER OF THE ARMY OR NAVY IN THE MEDICAL
CORPS, AN OFFICER OF THE AIR FORCE WHO IS DESIGNATED AS A MEDICAL
OFFICER, OR A MEDICAL OFFICER OF THE PUBLIC HEALTH SERVICE, WHO--
"(1) IS BELOW THE PAY GRADE OF O-7;
"(2) IS DESIGNATED AS BEING QUALIFIED IN A CRITICAL SPECIALTY
BY THE SECRETARY CONCERNED;
"(3) IS DETERMINED BY A BOARD COMPOSED OF OFFICERS IN THE
MEDICAL PROFESSION UNDER CRITERIA PRESCRIBED BY THE SECRETARY
CONCERNED TO BE QUALIFIED TO ENTER INTO AN ACTIVE DUTY AGREEMENT
FOR A SPECIFIED NUMBER OF YEARS;
"(4) IS NOT SERVING AN INITIAL ACTIVE DUTY OBLIGATION OF FOUR
YEARS OR LESS OR IS NOT SERVING THE FIRST FOUR YEARS OF AN INITIAL
ACTIVE DUTY OBLIGATION OF MORE THAN FOUR YEARS;
"(5) IS NOT UNDERGOING INTERN OR INITIAL RESIDENCY TRAINING;
AND
"(6) EXECUTES A WRITTEN ACTIVE DUTY AGREEMENT UNDER WHICH HE
WILL RECEIVE INCENTIVE PAY FOR COMPLETING A SPECIFIED NUMBER OF
YEARS OF CONTINUOUS ACTIVE DUTY SUBSEQUENT TO EXECUTING SUCH AN
AGREEMENT;
MAY, UPON ACCEPTANCE OF THE WRITTEN AGREEMENT BY THE SECRETARY
CONCERNED, OR HIS DESIGNEE, AND IN ADDITION TO ANY OTHER PAY OR
ALLOWANCES TO WHICH HE IS ENTITLED, BE PAID AN AMOUNT NOT TO EXCEED
$13,500 FOR EACH YEAR OF THE ACTIVE DUTY AGREEMENT. UPON ACCEPTANCE OF
THE AGREEMENT BY THE SECRETARY CONCERNED, OR HIS DESIGNEE, AND SUBJECT
TO SUBSECTIONS (B) AND (C) OF THIS SECTION, THE TOTAL AMOUNT PAYABLE
BECOMES FIXED AND MAY BE PAID IN ANNUAL, SEMIANNUAL, OR MONTHLY
INSTALLMENTS, OR IN A LUMP SUM AFTER COMPLETION OF THE PERIOD OF ACTIVE
DUTY SPECIFIED IN THE AGREEMENT, AS PRESCRIBED BY THE SECRETARY
CONCERNED.
"(B) UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF DEFENSE, THE
SECRETARY CONCERNED, OR HIS DESIGNEE, MAY TERMINATE, AT ANY TIME, AN
OFFICER'S ENTITLEMENT TO THE SPECIAL PAY AUTHORIZED BY THIS SECTION. IN
THAT EVENT, THE OFFICER IS ENTITLED TO BE PAID ONLY FOR THE FRACTIONAL
PART OF THE PERIOD OF ACTIVE DUTY THAT HE SERVED, AND HE MAY BE REQUIRED
TO REFUND ANY AMOUNT HE RECEIVED IN EXCESS OF THAT ENTITLEMENT.
"(C) UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF DEFENSE OR BY
THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, AS APPROPRIATE, AN
OFFICER WHO HAS RECEIVED PAYMENT UNDER THIS SECTION AND WHO VOLUNTARILY,
OR BECAUSE OF HIS MISCONDUCT, FAILS TO COMPLETE THE TOTAL NUMBER OF
YEARS OF ACTIVE DUTY SPECIFIED IN THE WRITTEN AGREEMENT SHALL BE
REQUIRED TO REFUND THE AMOUNT RECEIVED THAT EXCEEDS HIS ENTITLEMENT
UNDER THOSE REGULATIONS. IF AN OFFICER HAS RECEIVED LESS INCENTIVE PAY
THAN HE IS ENTITLED TO UNDER THOSE REGULATIONS AT THE TIME OF HIS
SEPARATION FROM ACTIVE DUTY, HE SHALL BE ENTITLED TO RECEIVE THE
ADDITIONAL AMOUNT DUE HIM.
"(D) THIS SECTION DOES NOT ALTER OR MODIFY ANY OTHER SERVICE
OBLIGATION OF AN OFFICER. COMPLETION OF THE AGREED PERIOD OF ACTIVE
DUTY, OR OTHER TERMINATION OF AN AGREEMENT, UNDER THIS SECTION DOES NOT
ENTITLE AN OFFICER TO BE SEPARATED FROM THE SERVICE, IF HE HAS ANY OTHER
SERVICE OBLIGATION.
"(E) THE SECRETARY OF DEFENSE AND THE SECRETARY OF HEALTH, EDUCATION,
AND WELFARE SHALL EACH SUBMIT A WRITTEN REPORT EACH YEAR TO THE
COMMITTEES ON ARMED SERVICES OF THE SENATE AND HOUSE OF REPRESENTATIVES
REGARDING THE OPERATION OF THE SPECIAL PAY PROGRAM AUTHORIZED BY THIS
SECTION. THE REPORT SHALL BE ON A FISCAL YEAR BASIS AND SHALL CONTAIN--
"(1) A REVIEW OF THE PROGRAM FOR THE FISCAL YEAR IN WHICH THE
REPORT IS SUBMITTED; AND
"(2) THE PLAN FOR THE PROGRAM FOR THE SUCCEEDING FISCAL
YEAR.
THIS REPORT SHALL BE SUBMITTED NOT LATER THAN APRIL 30 OF EACH YEAR,
BEGINNING IN 1975.".
SEC. 2. THE AMENDMENTS MADE BY THIS ACT BECOME EFFECTIVE ON THE
FIRST DAY OF THE FIRST CALENDAR MONTH FOLLOWING THE DATE OF ENACTMENT.
EXCEPT FOR THE PROVISIONS OF SECTION 313 OF TITLE 37, UNITED STATES
CODE, AS ADDED BY SECTION 1(4) OF THIS ACT, WHICH WILL EXPIRE ON JUNE
30, 1976, THE AUTHORITY FOR THE SPECIAL PAY PROVIDED BY THIS ACT SHALL,
UNLESS OTHERWISE EXTENDED BY CONGRESS, EXPIRE ON JUNE 30, 1977.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 883 (COMM. ON ARMED SERVICES) AND NO. 93 -
984 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 658 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 20, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): APR. 2, CONSIDERED AND PASSED HOUSE,
AMENDED.
APR. 23, HOUSE AND SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-273, 88 STAT 93.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBED, THAT SECTION 8345 OF
TITLE 5, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION: //80 STAT. 582.//
"(F)(1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBCHAPTER, OTHER
THAN THIS SUBSECTION, THE MONTHLY RATE OF ANNUITY PAYABLE UNDER
SUBSECTION (A) OF THIS SECTION SHALL NOT BE LESS THAN THE SMALLEST
PRIMARY INSURANCE AMOUNT, INCLUDING ANY COST-OF-LIVING INCREASE ADDED TO
THAT AMOUNT, AUTHORIZED TO BE PAID FROM TIME TO TIME UNDER TITLE II OF
THE SOCIAL SECURITY ACT. //58 STAT. 683, 42 USC 202.//
"(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBCHAPTER, OTHER
THAN THIS SUBSECTION THE MONTHLY RATE OF ANNUITY PAYABLE UNDER
SUBSECTION (A) OF THIS SECTION TO A SURVIVING CHILD SHALL NOT BE LESS
THAN THE SMALLEST PRIMARY INSURANCE AMOUNT, INCLUDING ANY COST-OF-LIVING
INCREASE ADDED TO THAT AMOUNT, AUTHORIZED TO BE PAID FROM TIME TO TIME
UNDER TITLE II OF THE SOCIAL SECURITY ACT, OR THREE TIMES SUCH PRIMARY
INSURANCE AMOUNT DIVIDED BY THE NUMBER OF SURVIVING CHILDREN ENTITLED TO
AN ANNUITY, WHICHEVER IS THE LESSER.
"(3) THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO AN
ANNUITANT OR TO A SURVIVOR WHO IS OR BECOMES ENTITLED TO RECEIVE FROM
THE UNITED STATES AN ANNUITY OR RETIRED PAY UNDER ANY OTHER CIVILIAN OR
MILITARY RETIREMENT SYSTEM, BENEFITS UNDER TITLE II OF THE SOCIAL
SECURITY ACT, A PENSION, VETERANS' COMPENSATION, OR ANY OTHER PERIODIC
PAYMENT OF A SIMILAR NATURE, WHEN THE MONTHLY RATE THEREOF, IS EQUAL TO
OR GREATER THAN THE SMALLEST PRIMARY INSURANCE AMOUNT, INCLUDING ANY
COST-OF-LIVING INCREASE ADDED TO THAT AMOUNT, AUTHORIZED TO BE PAID FROM
TIME TO TIME UNDER TITLE II OF THE SOCIAL SECURITY ACT.".
SEC. 2.(A) AN ANNUITY PAYABLE FROM THE CIVIL SERVICE RETIREMENT AND
DISABILITY FUND TO A FORMER EMPLOYEE OR MEMBER, WHICH IS BASED ON A
SEPARATION OCCURRING PRIOR TO OCTOBER 20, 1969, IS INCREASED BY $240.
//5 USC 8339 NOTE.//
(B) IN LIEU OF ANY INCREASE BASED ON AN INCREASE UNDER SUBSECTION (A)
OF THIS SECTION, AN ANNUITY PAYABLE FROM THE CIVIL SERVICE RETIREMENT
AND DISABILITY FUND TO THE SURVIVING SPOUSE OF AN EMPLOYEE, MEMBER, OR
ANNUITANT, WHICH IS BASED ON A SEPARATION OCCURRING PRIOR TO OCTOBER 20,
1969, SHALL BE INCREASED BY $132. 5 USC 8341 NOTE.//
(C) THE MONTHLY RATE OF AN ANNUITY RESULTING FROM AN INCREASE UNDER
THIS SECTION SHALL BE CONSIDERED AS THE MONTHLY RATE OF ANNUITY PAYABLE
UNDER SECTION 8345(A) OF TITLE 5, UNITED STATES CODE, FOR PURPOSES OF
COMPUTING THE MINIMUM ANNUITY UNDER SECTION 8345(F) OF TITLE 5, AS ADDED
BY THE FIRST SECTION OF THIS ACT. //5 USC 8345 NOTE.//
SEC. 3. THIS ACT SHALL BECOME EFFECTIVE ON THE DATE OF ENACTMENT.
ANNUITY INCREASES UNDER THIS ACT SHALL APPLY TO ANNUITIES WHICH COMMENCE
BEFORE, ON, OR AFTER THE DATE OF ENACTMENT OF THIS ACT, BUT NO INCREASE
IN ANNUITY SHALL BE PAID FOR ANY PERIOD PRIOR TO THE FIRST DAY OF THE
FIRST MONTH WHICH BEGINS ON OR AFTER THE NINETIETH DAY AFTER THE DATE OF
ENACTMENT OF THIS ACT, OR THE DATE ON WHICH THE ANNUITY COMMENCES,
WHICHEVER IS LATER. //5 USC 8345 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 460 ACCOMPANYING H.R. 9107 (COMM. ON POST
OFFICE AND CIVIL SERVICE).
SENATE REPORT NO. 93 - 353 (COMM. ON POST OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): SEPT. 11, CONSIDERED AND PASSED SENATE.
DEC. 7, H.R. 9107 CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): MAR. 5, CONSIDERED AND PASSED HOUSE, AMENDED.
APR. 3,4, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-272, 88 STAT 93
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FIRST PARAGRAPH
OF THE MATTER ON THE REFERENDUM BALLOT RELATING TO THE ADVISORY
NEIGHBORHOOD COUNCILS, APPEARING IN SECTION 703(A) OF THE DISTRICT OF
COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL REORGAINIZATION ACT IS AMENDED
TO READ AS FOLLOWS: //87 STAT. 817.//
"IN ADDITION, THE ACT REFERRED TO ABOVE AUTHORIZES THE ESTABLISHMENT
OF ADVISORY NEIGHBORHOOD COUNCILS IF A MAJORITY OF THE REGISTERED
QUALIFIED VOTERS OF THE DISTRICT VOTING ON THIS ISSUE IN THIS REFERENDUM
VOTE FOR THE ESTABLISHMENT OF SUCH COUNCILS."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 922 (COMM. ON THE DISTRICT OF COLUMBIA).
SENATE REPORT NO. 93 - 774 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 25, CONSIDERED AND PASSED HOUSE.
APR. 11, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-271, 88 STAT 92, FISH AND WILDLIFE ACT OF 1956,
AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 3 OF THE
FISH AND WILDLIFE ACT OF 1956 (16 U.S.C. 742B) IS AMENDED-- //70 STAT.
1120.//
(1) BY STRIKING OUT ", AND THE POSITION OF COMMISSIONER OF FISH
AND WILDLIFE" IN THE FIRST SENTENCE OF SUBSECTION (A):
(2) BY STRIKING OUT ALL OF THAT PART OF SUBSECTION (A) WHICH
FOLLOWS THE SECOND SENTENCE THEREOF; AND
(3) BY STRIKING OUT SUBSECTION (B) THROUGH (F) AND INSERTING IN
LIEU THEREOF THE FOLLOWING:
"(B) THERE IS ESTABLISHED WITHIN THE DEPARTMENT OF THE INTERIOR THE
INITED STATES FISH AND WILDLIFE SERVICE. THE FUNCTIONS OF THE UNITED
STATES FISH AND WILDLIFE SERVICE SHALL BE ADMINISTERED UNDER THE
SUPERVISION OF THE DIRECTOR, WHO SHALL BE SUBJECT TO THE SUPERVISION OF
THE ASSISTANT SECRETARY FOR FISH AND WILDLIFE. THE DIRECTOR OF THE
UNITED STATES FISH AND WILDLIFE SERVICE SHALL BE APPOINTED BY THE
PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. NO
INDIVIDUAL MAY BE APPOINTED AS THE DIRECTOR UNLESS HE IS, BY REASON OF
SCIENTIFIC EDUCATION AND EXPERIENCE, KNOWLEDGEABLE IN THE PRINCIPLES OF
FISHERIES AND WILDLIFE MANAGEMENT.
"(C) THE UNITED STATES FISH AND WILDLIFE SERVICE ESTABLISHED BY
SUBSECTION (B) SHALL SUCCEED TO AND REPLACE THE UNITED STATES FISH AND
WILDLIFE SERVICE (AS CONSTITUTED ON JUNE 30, 1974) AND THE BUREAU OF
SPORT FISHERIES AND WILDLIFE (AS CONSTITUTED ON SUCH DATE). ALL LAWS
AND REGULATIONS IN EFFECT ON JUNE 30, 1974, WHICH RELATE TO MATTERS
ADMINISTERED BY THE DEPARTMENT OF THE INTERIOR THROUGH THE UNITED STES
FISH AND WILDLIFE SERVICE (AS CONSTITUTED ON SUCH DATE) AND THE BUREAU
OF SPORT FISHERIES AND WILDLIFE (AS CONSTITUTED ON SUCH DATE) SHALL
REMAIN IN EFFECT.
"(D) ALL FUNCTIONS AND RESPONSIBILITIES PLACED IN THE DEPARTMENT OF
THE INTERIOR OR ANY OFFICIAL THEREOF BY THIS ACT SHALL BE INCLUDED AMONG
THE FUNCTIONS AND RESPONSIBILITIES OF THE SECRETARY OF THE INTERIOR, AS
THE HEAD OF THE DEPARTMENT, AND SHALL BE CARRIED OUT UNDER HIS DIRECTION
PURSUANT TO SUCH PROCEDURES OR DELEGATIONS OF AUTHORITY AS HE MAY DEEM
ADVISABLE AND IN THE PUBLIC INTEREST."
SEC. 2. PARAGRAPH (42) OF SECTION 5316 OF TITLE 5, UNITED STATES
CODE, //80 STAT. 463.// IS AMENDED BY STRIKING OUT "COMMISSIONER OF FISH
AND WILDLIFE" AND INSERTING IN LIEU THEREOF "DERECTOR, UNITED STATES
FISH AND WILDLIFE SERVICE".
SEC. 3. THE AMENDMENTS MADE BY THIS ACT SHALL TAKE EFFECT ON JULY 1,
1974.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 952 (COMM. ON MERCHANT MARINE AND
FISHERIES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 2, CONSIDERED AND PASSED HOUSE.
APR. 9, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-270, 88 STAT 90, SUDDEN INFANT DEATH SYNDROME ACT OF
1974
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SHORT TITLE
SECTION 1. THIS ACT MAY BE CITED AS THE "SUDDEN INFANT DEATH SYNDROME
ACT OF 1974". //42 USC 300C-11 NOTE.//
SUDDEN INFANT DEATH SYNDROME RESEARCH
SEC. 2.(A) SECTION 441 OF THE PUBLIC HEALTH SERVICE ACT IS AMENDED BY
STRIKING OUT "AN INSTITUTE" AND INSERTING IN LIEU THEREOF "THE NATIONAL
INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT". //76 STAT. 1072, 42
USC 289D.
(B)(1) SUCH SECTION 441 IS FURTHER AMENDED BY INSERTING "(A)" AFTER
"SEC. 441." AND BY ADDING AT THE END THEREOF THE FOLLOWING:
"(B) THE SECRETARY SHALL CARRY OUT THROUGH THE NATIONAL INSTITUTE OF
CHILD HEALTH AND HUMAN DEVELOPMENT THE PURPOSES SECTION 301 //42 USC
241.// WITH RESPECT TO THE CONDUCT AND SUPPORT OF RESEARCH WHICH
SPECIFICALLY RELATES TO SUDDEN INFANT DEATH SYNDROME."
(2) SECTION 444 OF SUCH ACT //76 STAT. 1073, 42 USC 289G.// IS
AMENDED (1) BY STRIKING OUT "THE SURGEON GENERAL" EACH PLACE IT OCCURS
AND INSERTING IN LIEU THEREOF "THE SECRETARY", AND (2) BY STRIKING OUT
"THE SURGEON GENERAL SHALL, WITH THE APPROVAL OF THE SECRETARY" IN THE
FIRST SENTENCE AND INSERTING IN LIEU THEREOF "THE SECRETARY SHALL, IN
ACCORDANCE WTIH SECTION 441(B),".
(C)(1) WITHIN NINETY DAYS FOLLOWING THE CLOSE OF THE FISCAL YEAR
ENDING JUNE 30, 1975, AND THE CLOSE OF EACH OF THE NEXT TWO FISCAL
YEARS, THE SECRETARY SHALL REPORT TO THE COMMITTEES ON APPROPRIATIONS OF
THE SENATE AND THE HOUSE OF REPRESENTATIVES AND TO THE COMMITTEE ON
LABOR AND PULBIC WELFARE OF THE SENATE AND THE COMMITTEE ON INTERSTATE
AND FOREIGN COMMERCE OF THE HOUSE OF REPRESENTATIVES THE FOLLOWING
INFORMATION FOR SUCH FISCAL YEAR: //42 USC 289G NOTE.//
(A) THE (I) NUMBER OF APPLICATIONS APPROVED BY THE SECRETARY IN
THE FISCAL YEAR REPORTED ON FOR GRANTS AND CONTRACTS UNDER THE
PUBLIC HEALTH SERVICE ACT //58 STAT. 682, 42 USC 201 NOTE.// FOR
RESEARCH WHICH RELATES SPECIFICALLY TO SUDDEN INFANT DEATH
SYNDROME, (II) TOTAL AMOUNT REQUESTED UNDER SUCH APPLICATIONS,
(III) NUMBER OS SUCH APPLICATIONS FOR SUCH FUNDS WERE PROVIDED IN
SUCH FISCAL YEAR, AND (IV) TOTAL AMOUNT OF SUCH FUNDS.
(B) THE (I) NUMBER OF APPLICATIONS APPROVED BY THE SECRETARY IN
SUCH FISCAL YEAR FOR GRANTS AND CONTRACTS UNDER THE PUBLIC HEALTH
SERVICE ACT FOR RESEARCH WHICH RELATES GENERALLY TO SUDDEN INFANT
DEATH SYNDROME, (II) TOTAL AMOUNT REQUESTED UNDER SUCH
APPLICATIONS, (III) NUMBER OF SUCH APPLICATIONS FOR WHICH FUNDS
WERE PROVEDED IN SUCH FISCAL YEAR, AND (IV) TOTAL AMOUNT OF SUCH
FUNDS.
EACH SUCH REPORT SHALL CONTAIN AN ESTIMATE OF THE NEED FOR ADDITIONAL
FUNDS FOR GRANTS OR CONTRACTS UNDER THE PUBLIC HEALTH SERVICE ACT FOR
RESEARCH WHICH RELATES SPECIFICALLY TO SUDDEN INFANT DEATH SYNDROME.
(2) WITHIN FIVE DAYS AFTER THE BUDGET IS TRANSMITTED BY THE PRESIDENT
TO THE CONGRESS FOR THE TISCAL YEAR ENDING JUNE 30, 1976, AND FOR EACH
OF THE NEXT TWO FISCAL YEARS, THE SECRETARY SHALL TRANSMIT TO THE
COMMITTEES ON APPROPRIATIONS OF THE HOUSE OF REPRESENTATIVES AND THE
SENATE, THE COMMITTEE ON LABOR AND PUBLIC WELFARE OF THE SENATE, AND THE
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF
REPRESENTATIVES AN ESTIMATE OF THE AMOUNT REQUESTED FOR THE NATIONAL
INSTITUTES OF HEALTH FOR RESEARCH RELATING TO SUDDEN INFANT DEATH
SYNDROME AND A COMPARISON OF THAT AMOUNT WITH THE AMOUNT REQUESTED FOR
THE PRECEDING FISCAL YEAR.
COUNSELING, INFORMATION, EDUCATIONAL AND STATISTICAL PROGRAMS
SEC. 3. (A) TITLE XI OF THE PUBLIC HEALTH SERVICE ACT //86 STAT.
137, 650, 42 USC 300B.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW PART:
"SUDDEN INFANT DEATH SYNDROME COUNSELING, INFORMATION,
EDUCATIONAL, AND STATISTICAL PROGRAMS
"SEC. 1121. (A) THE SECRETARY, THROUGH THE ASSISTANT SECRETARY FOR
HEALTH, SHALL CARRY OUT A PROGRAM TO DEVELOP PUBLIC INFORMATION AND
PROFESSIONAL EDUCATIONAL MATERIALS RELATING TO SUDDEN INFANT DEATH
SYNDROME AND TO DISSEMINATE SUCH INFORMATION AND MATERIALS TO PERSONS
PROVIDING HEALTH CARE, TO PUBLIC SAFETY OFFICIALS, AND TO THE PUBLIC
GENERALLY. //42 USC 300C-11.//
"(B)(1) THE SECREATRY MAY MAKE GRANTS TO PUBLIC AND NONPROFIT PRIVATE
ENTITIES, AND ENTER INTO CONTRACTS WITH PUBLIC AND PRIVATE ENTITIES, FOR
PROJECTS WHICH INCLUDE BOTH--
"(A) THE COLLECTION, ANALYSIS, AND FURNISHING OF INFORMATION
(DERIVED FROM POST MORTEM EXAMINATIONS AND OTHER MEANS) RELATING
TO THE CAUSES OF SUDDEN INFANT DEATH SYNDROME; AND
"(B) THE PROVISION OF INFORMATION AND COUNSELING TO FAMILIES
AFFECTED BY SUDDEN INFANT DEATH SYNDROME.
"(2) NO GRANT MAY BE MADE OR CONTRACT ENTERED INTO UNDER THIS
SUBSECTION UNLESS AN APPLICATION THEREFOR HAS BEEN SUBMITTED TO AND
APPROVED BY THE SECRETARY. SUCH APPLICATION SHALL BE SUCH FORM,
SUBMITTED IN SUCH MANNER, AND CONTAIN SUCH INFORMATION AS THE SECRETARY
SHALL BY REGULATION PRESCRIBE. EACH APPLICATION SHALL--
"(A) PROVIDE THAT THE PROJECT FOR WHICH ASSISTANCE UNDER THIS
SUBSECTION IS SOUGHT WILL BE ADMINISTERED BY OR UNDER SUPERVISION
OF THE APPLICANT;
"(B) PROVIDE FOR APPROPRIATE COMMUNITY REPRESENTATION IN THE
DEVELOPMENT AND OPERATION OF SUCH PROJECT;
"(C) SET FORTH SUCH FISCAL CONTROLS AND SUND ACCOUNTING
PROCEDURES AS MAY BE NECESSARY TO ASSURE PROPER DISBURSEMENT OF
AND ACCOUNTING FOR FEDERAL FUNDS PAID TO THE APPLICANT UNDER THIS
SUBSECTION; AND
"(D) PROVIDE FOR MAKING SUCH REPORTS IN SUCH FORM AND
CONTAINING SUCH INFORMATION AS THE SECRETARY MAY REASONABLY
REQUIRE.
"(3) PAYMENTS UNDER GRANTS UNDER THIS SUBSECTION MAY BE MADE IN
ADVANCE OR BY WAY OF REIMBURSEMENT, AND AT SUCH INTERVALS AND ON SUCH
CONDITIONS, AS THE SECRETARY FINDS NECESSARY.
"(4) CONTRACTS UNDER THIS SUBSECTION MAY BE ENTERED INTO WITHOUT
REGARD TO SECTIONS 3648 THROUGH 3709 OF THE REVISED STATUTES (31 U.S.C.
529; 44 U.S.C. 5). //41 USC 5.//
"(5) FOR THE PURPOSE OF MAKING PAYMENTS PURSUANT TO GRANTS AND
CONTRACTS UNDER THIS SUBSECTION, THERE ARE AUTHORIZED TO BE APPROPRIATED
$2,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, $3,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1976, AND $4,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1977.
"(C) THE SECRETARY SHALL SUBMIT, NOT LATER THAN JANUARY 1, 1976, A
COMPREHENSIVE 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 RESPECTING THE ADMINISTRATION OF THIS SECTION AND THE
RESULTS OBTAINED FROM THE PROGRAMS AUTHORIZED BY IT ."
(B) THE TITLE OF SUCH TITLE XI IS AMENDED BY ADDING AT THE END
THEREOF "AND SUDDEN INFANT DEATH SYNDROME".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 758 ACCOMPANYING H.R. 11386 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE).
SENATE REPORT NO. 93 - 606 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 11, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): JAN. 21, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIEU OF H.R. 11386.
MAR. 6, SENATE CONCURRED IN HOUSE AMENDMENTS WITH AN AMENDMENT.
APR. 10, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-269, 88 STAT 87
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, (A) AS USED IN
THIS SECTION, THE TERM "APPLICABLE PROGRAM" MEANS ANY PROGRAM TO WHICH
THE GENERAL EDUCATION PROVISIONS ACT APPLIES. //20 USC 1226 NOTE, 81
STAT. 814; 86 STAT. 326, 20 USC 1221 NOTE.//
(B)(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, UNLESS ENACTED IN
EXPRESS AND SPECIFIC LIMITATION OF THE PROVISIONS OF THIS SECTION--
(A) ANY FUNDS APPROPRIATED TO CARRY OUT ANY APPLICABLE PROGRAM
FOR THE FISCAL YEAR 1973; AND
(B) ANY FUNDS APPROPRIATED TO CARRY OUT ANY APPLICABLE PROGRAM
FOR FISCAL YEAR 1974;
SHALL REMAIN AVAILABLE FOR OBLIGATION AND EXPENDITURE UNTIL JUNE 30,
1975.
(2) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO APPROVE OF THE
WITHHOLDING FROM EXPENDITURE OR THE DELAY IN EXPENDITURE OF ANYGIBLE
FUNDS APPROPRIATED TO CARRY OUT ANY APPLICABLE PROGRAM FOR FISCAL YEAR
1973 BEYOND THE PERIOD ALLOWED FOR APPORTIONMENT UNDER SUBSECTION (D) OF
SECTION 3679 OF THE REVISED STATUTES (31 U.S.C. 665).
SEC. 2. PARAGRAPHS (2), (3), (4), AND (5) OF SECTION 428(A) OF THE
HIGHER EDUCATION ACT OF 1965, AND ALL REFERENCES THERETO, ARE
REDESIGNATED AS PARAGRAPHS (3), (4), (5), AND (6), THEREOF,
RESPECTIVELY, AND SUCH SECTION 428(A) IS AMENDED BY STRIKING OUT
PARAGRAPH (1) THEREOF AND INSERTING IN LIEU THEREOF THE FOLLOWING: //79
STAT. 1240; 82 STAT. 634, 1020, 20 USC 1078, 86 STAT. 262.//
"(1) EACH STUDENT WHO HAS RECEIVED A LOAN FOR STUDY AT AN ELIGIBLE
INSTITUTION--
"(A) WHICH IS INSURED BY THE COMMISSIONER UNDER THIS PART;
"(B) WHICH WAS MADE UNDER A STATE STUDENT LOAN PROGRAM (MEETING
CRITERIA PRESCRIBED BY THE COMMISSIONER), AND WHICH WAS CONTRACTED
FROM AND PAID TO THE STUDENT, WITHIN THE PERIOD SPECIFIED BY
PARAGRAPH (5); OR
"(C) WHICH IS INSURED UNDER A PROGRAM OS A STATE OR OF A
NONPROFIT PRIVATE INSTITUTION OR ORGANIZATION WHICH WAS CONTRACTED
FOR, AND PAID TO THE STUDENT, WITHIN THE PERIOD SPECIFIED IN
PARAGRAPH (5), AND WHICH--
"(I) IN THE CASE OF A LOAN INSURED PRIOR IN JULY 1, 1967, WAS
MADE BY AN ELIGIBLE LENDER AND IS INSURED UNDER A PROGRAM WHICH
MEETS THE REQUIREMENTS OF SUBPARAGRAPH (E) OF SUBSECTION (B)(1)
//82 STAT. 635.// AND PROVIDES THAT REPAYMENT OF SUCH LOAN SHALL
BE IN INSTALLMENTS BEGINNING NOT EARLIER THAN SIXTY DAYS AFTER THE
STUDENT CEASES TO PURSUE A COURSE OF STUDY (AS DESCRIBED IN
SUBPARAGRAPH (D) OF SUBSECTION (B)(1) //82 STAT. 1026, 1027.// AT
AN ELIGIBLE INSTITUTION, OR
"(II) IN THE CASE OF A LOAN INSURED AFTER JUNE 30, 1967, IS
INSURED UNDER A PROGRAM COVERED BY AN AGREEMENT MADE PURSUANT TO
SUBSECTION (B).
SHALL BE ENTITLED TO HAVE PAID ON HIS BEHALF AND FOR HIS ACCOUNT TO THE
HOLDER OF THE LOAN A PORTION OF THE INTEREST ON SUCH LOAN AT THE TIME OF
EXECUTION OF THE NOTE OR WRITTEN AGREEMENT EVIDENCING SUCH LOAN UNDER
CIRCUMSTANCES DESCRIBED IN PARAGRAPH (2).
"(2)(A) EACH STUDENT QUALIFYING FOR A PORTION OF AN INTEREST PAYMENT
UNDER PARAGRAPH (1) SHALL--
"(I) HAVE PROVIDED TO THE LENDER A STATEMENT FROM THE ELIGIBLE
INSTITUTION, ST WHICH THE STUDENT HAS BEEN ACCEPTED FOR
ENROLLMENT, OR AT WHICH HE IS IN ATTENDANCE IN GOOD STANDING (AS
DETERMINED BY SUCH INSTITUTION), WHICH--
"(I) SETS FORTH SUCH STUDENT'S ESTIMATED COSTS OF ATTENDANCE,
AND
"(II) SETS FORTH SUCH STUDENT'S ESTIMATED FINANCIAL ASSISTANCE;
AND
"(II) MEET THE REQUIREMENTS OF SUBPARAGRAPH (B).
"(B) FOR THE PURPOSES OF CLAUSE (II), OF SUBPARAGRAPH (A), A STUDENT
SHALL QUALIFY FOR A PORTION OF AN INTEREST PAYMENT UNDER PARAGRAPH (1)
IF SUCH STUDENT'S ADJUSTED FAMILY INCOME--
"(I) IS LESS THAN $15,000, AND--
"(I) THE AMOUNT OF SUCH LOAN WOULD NOT CAUSE THE TOTAL AMOUNT
OF THE STUDENT'S LOANS INSURED BY THE COMMISSIONER UNDER THIS PART
OR BY A STATE OR NONPROFIT PRIVATE INSTITUTION OR ORGAINZATION
WHICH HAS AN AGREEMENT UNDER SUBSECTION (B) TO EXCEED $2,000 IN
ANY ACADEMIC YEAR, OR ITS EQUIVALENT, OR
"(II) THE AMOUNT OF SUCH LOAN WOULD CAUSE THE TOTAL AMOUNTS OF
THE LOANS DESCRIBED IN CLAUSE (I) OF THIS SUBPARAGRAPH OF THAT
STUDENT TO EXCEED $2,000 IN ANY ACADEMIC YEAR OR ITS EQUIVALENT,
AND THE ELIGIBLE INSTITUTION HAS PROVIDED, WITH RESPECT TO THE
AMONT OF SUCH LOANS IN EXCESS OF $2.000, THE LENDER WITH A
STATEMENT RECOMMENDING THE AMOUNT OF SUCH EXCESS; OR
"(II) IS EQUAL TO OR GREATER THAN $15,000, AND THE ELIGIBLE
INSTITUTION HAS PROVIDED THE LENDER WITH A STATMENT EVIDENCING A
DETERMINATION OF NEED AND RECOMMENDING A LOAN IN THE AMOUNT OF
SUCH NEED.
(C) FOR THE PURPOSES OF PARAGRAPH (1) AND THIS PARAGRAPH--
"(I) A STUDENT'S ESTIMATED COST OF ATTENDANCE MEANS, FOR THE
PERIOD FOR WHICH THE LOAN IS SOUGHT, THE TUITION AND FEES
APPLICABLE TO SUCH STUDENT TOGETHER WITH THE INSTITUTION'S
ESTIMATE OF OTHER EXPENSES REASONABLY RELATED TO ATTENDANCE AT
SUCH INSTITUTION, INCLUDING, BUT NOT LIMITED TO, THE COST OF ROOM
AND BOARD, REASONABLE COMMUTING COSTS, AND COSTS FOR BOOKS;
"(II) A STUDENT'S ESTIMATED FINANCIAL ASSISTANCE MEANS, FOR THE
PERIOD FOR WHICH THE LOAN IS SOUGHT, THE AMOUNT OF ASSISTANCE SUCH
STUDENT WULL RECEIVE UNDER PARTS A, C, AND E OF THIS TITLE, //20
USC 1070, 1087A, 1088.// PLUS OTHER SCHOLARSHIP, GRANT, OR LOAN
ASSISTANCE;
"(III) THE TERM 'ELGIBLE INSTITUTION AT WHICH THE STUDENT HAS
BEEN ACCEPTED FOR ENROLLMENT OR, IN THE CASE OF A STUDENT WHO IS
IN ATTENDANCE AT SUCH AN INSTITUTION IS IN GOOD STANDING (AS
DETERMINED BY SUCH INSTITUTION);
"(IV) THE DETERMINATION OF NEED AND THE AMOUNT OF A LOAN
RECOMMENDED BY AN ELIGIBLE INSTITUTION UNDER SUBPARAGRAPH (B)(II)
AND THE AMOUNT OF LOANS IN EXCESS OF $2,000 RECOMMENDED BY AN
ELIGIBLE INSTITUTION UNDER SUBPARAGRAPH (B)(I)(II) WITH RESPECT TO
A STUDENT SHALL BE DETERMINED BY SUBTRACTING FROM THE ESTIMATED
COST OF ATTENDANCE AT SUCH INSTITUTION THE TOTAL OF THE EXPECTED
FAMILY CONTRIBUTION WITH RESPECT TO SUCH STUDENT (AS DETERMINED BY
MEANS OTHER THAN ONE FORMULATED BY THE COMMISSIONER UNDER SUBPART
1 OF PART A OF THIS TITLE) PLUS ANY OTHER RESOURCES OR STUDENT
FINANCIAL ASSISTANCE REASONABLY AVAILABLE TO SUCH STUDENT.
"(D) IN ADDITION, THE COMMISSIONER SHALL PAY AN ADMINISTRATIVE COST
ALLOWANCE IN THE AMOUNT ESTABLISHED BY PARAGRAPH (3)(B) OF THIS
SUBSECTION WITH RESPECT TO LOANS TO ANY STUDENT WITHOUT REGARD TO THE
BORROWER'S NEED. FOR THE PURPOSES OF THIS PARAGRAPH, THE ADJUSTED
FAMILY INCOME OF A STUDENT SHALL BE DETERMINED PURSUANT TO REGULATIONS
OF THE COMMISSIONER IN EFFECT AT THE TIME OF THE EXECUTION OF THE NOTE
OR WRITTEN AGREEMENT EVIDENCING THE LOAN. SUCH REGULATION SHALL PROVIDE
FOR TAKING INTO ACCOUNT SUCH FACTORS, INCLUDING FAMILY SIZE, AS THE
COMMISSIONER DEEMS APPROPRIATE. IN THE ABSENCE OF FRAUD BY THE LENDER,
SUCH DETERMINATION OF THE NEED OF A STUDENT UNDER THIS PARAGRAPH SHALL
BE FINAL INSOFAR AS IT CONCERNS THE OBLIGATION OF THE COMMISSIONER TO
PAY THE HOLDER OF A LOAN A PORTION OF THE INTEREST ON THE LOAN.".
SEC. 3. SECTION 428(A) OF THE HIGHER EDUCATION ACT OF 1965, AS
AMENDED BY THIS ACT, IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW PARAGRAPH: //ANTE, P. 87.//
"(7) NOTHING IN THIS OR ANY OTHER ACT SHALL BE CONTRUED TO PROHIBIT
OR REQUIRE UNLESS OTHERWISE SPECIFICALLY PROVIDED BY LAW, A LENDER TO
EVALUATE THE TOTAL FINANCIAL SITUATION OF A STUDENT MAKING APPLICATION
FOR A LOAN UNDER THIS PART, OR TO COUNSEL A STUDENT WITH RESPECT TO ANY
SUCH LOAN, OR TO MAKE A DECISION BASED ON SUCH EVALUATION AND COUNSELING
WITH RESPECT TO THE DOLLOR AMOUNT OF ANY SUCH LOAN.".
SEC. 4. CLAUSE (H) OF PARAGRAPH 428(B)(1) OF THE HIGHER EDUCATION
ACT OF 1965 IS AMENDED TO READ AS FOLLOWS: //79 STAT. 1240; 86 STAT.
263, 20 USC 1078.//
"(H) PROVIDES THAT THE BENEFITS OF THE LOAN INSURANCE PROGRAM
WILL NOT BE DENIED ANY STUDENT WHO IS ELIGIBLE FOR INTEREST
BENEFITS UNDER SECTION 428(A) (1) AND (2) EXCEPT IN THE CASE OF
LOANS MADE BY AN INSTRUMENTALITY OF A STATE OR ELIGIBLE
INSTITUTION;".
SEC. 5. SECTION 2(A)(7) OF THE EMERGENCY INSURED STUDENT LOAN ACT OF
1969 //86 STAT. 270, 20 USC 1078A.// IS AMENDED BY STRIKING OUT "JULY 18
1974" AND INSERTING IN LIEU THEROF "JULY 1, 1975".
SEC. 6. THE AMENDMENTS MADE BY SECTION 2 SHALL BE EFFECTIVE
FORTY-FIVE DAYS AFTER ENACTMENT OF THIS ACT AND BE APPLICABLE TO A LOAN
FOR WHICH A GUARANTEE COMMITMENT IS MADE ON OR AFTER THAT DATE.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 965 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 674 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JAN. 28, CONSIDERED AND PASSED HOUSE.
FEB. 5, CONSIDERED AND PASSED SENATE, AMENDED.
MAR. 12, HOUSE AGREED TO SENATE AMENDMENTS WITH AN AMENDMENT.
APR. 4, HOUSE AND SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-268, 88 STAT 52.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBED, TAHT THE FIRST PROVISO OF
SECTION 1 OF TITLE X OF THE DISTRICT OF COLUMBIA REVENUE ACT OF 1974
(D.C. CODE, SEC. 47 - 1580) IS AMENDED TO READ AS FOLLOWS: // 61 STAT.
349.// ": PROVIDED, HOWEVER, THAT, IN THE CASE OF ANY CORPORATION, THE
AMOUNT RECEIVED AS DIVIDENDS FROM A CORPORATION WHICH IS SUBJECT TO
TAXATION UNDER THIS SUBCHAPTER OR UNDER TITLE II OF THE ACT ENTITLED "AN
ACT TO PROVIDE ADDITIONAL REVENUE FOR THE DISTRICT OF COLUMBIA, AND FOR
OTHER PURPOSES", APPROVED AUGUST 17, 1937 (D.C. CODE, SECS. 47 - 1801 -
1808), // 50 STAT. 675; 52 STAT. 358.// AND, IN THE CASE OF A
CORPORATION NOT ENGAGED IN CARRYING ON ANY TRADE OR BUSINESS WITHIN THE
DISTRICT, INTEREST RECEIVED BY IT FROM A CORPORATION WHICH IS SUBJECT TO
TAXATION UNDER THIS ARTICLE OR UNDER SUCH TITLE II OF SUCH ACT SHALL NOT
BE CONSIDERED AS INCOME FROM SOURCES WITHIN THE DISTRICT FOR PURPOSES OF
THIS SUBCHAPTER; AND IN THE CASE OF ANY CORPORATION ORGANIZED AS A BANK
HOLDING COMPANY UNDER THE PROVISIONS OF THE BANK HOLDING COMPANY ACT OF
1956 //70 STAT. 133, 12 USC 1841 NOTE.// AND THE BANK HOLDING COMPANY
ACT AMENDMENTS OF 1970, //84 STAT. 1760, 12 USC 1841 NOTE.// THE AMOUNT
RECEIVED AS DIVIDENDS FROM A CORPORATION WHICH IS SUBJECT TO TAXATION
UNDER THIS ARTICLE OR UNDER THE PROVISIONS OF PARAGRAPH (5) OR PARAGRAPH
(7) OF SECTION 6 OF THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS TO
PROVIDE FOR THE EXPENSES OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA
FOR THE FISCAL YEAR ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND THREE,
AND FOR OTHER PURPOSES", APPROVED JULY 1, 1902 (D.C. CODE, SECS. 47 -
1701 AND 47 - 1703), //32 STAT. 619.// AND IN THE CASE OF ANY SUCH BANK
HOLDING COMPANY NOT ENGAGED IN CARRYING ON ANY TRADE OR BUSINESS WITHIN
THE DISTRICT, INTEREST RECEIVED BY IT FROM A CORPORATION WHICH IS
SUBJECT TO TAXATION UNDER SUCH PARAGRAPHS, SHALL NOT BE CONSIDERED AS
INCOME FROM SOURCES WITHIN THE DISTRICT FOR PURPOSES OF THIS ARTICLE,"
SEC. 2. THE AMENDMENT MADE BY THE FIRST SECTION OF THIS ACT SHALL
APPLY WITH RESPECT TO ALL TAXABLE YEARS ENDING AFTER DECEMBER 31, 1973.
SEC. 3. (A) PART C OF TITLE VII OF THE DISTRICT OF COLUMBIA
SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT IS AMENDED BY
INSERTING AT THE END THEREOF THE FOLLOWING: //88 STAT. 821.//
"SEC. 724. (A) IN ORDER TO PROVIDE CONTINUITY IN THE GOVERNMENT OF
THE DISTRICT OF COLUMBIA DURING THE TRANSITION FROM THE APPOINTED
GOVERNMENT TO THE ELECTED GOVERNMENT PROVIDED FOR UNDER THIS ACT, NO
PERSON EMPLOYED BY THE UNITED STATES OR BY THE GOVERNMENT OF THE
DISTRICT OF COLUMBIA SHALL BE PROHIBITED BY REASON OF SUCH EMPLOYMENT--
"(1) FROM BEING A CANDIDATE IN THE FIRST PRIMARY ELECTION AND
GENERAL ELECTION HELD UNDER THIS ACT FOR THE OFFICE OF MAYOR OR
CHAIRMAN OR MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMBIA
PROVIDED FOR UNDER TITLE IV OF THIS ACT, AND
"(2) IF SUCH A CANDIDATE, FROM TAKING AN ACTIVE PART IN
POLITICAL MANAGEMENT OR POLITICAL CAMPAIGNS IN ANY ELECTION
REFERRED TO IN PARAGRAPH (1) OF THIS SUBSECTION.
"(B) SUCH CANDIDACY SHALL BE DEEMED TO HAVE COMMENCED ON THE DAY SUCH
PERSON OBTAINS FROM THE BOARD OF ELECTIONS AN OFFICIAL NOMINATING
PETITION WITH HIS NAME STAMPED THEREON, AND SHALL TERMINATE--
"(1) IN THE CASE OF SUCH CANDIDATE WHO CEASES TO BE ELIGIBLE AS
A NOMINEE FOR THE OFFICE WITH RESPECT TO WHICH SUCH PETITION WAS
OBTAINED BY REASON OF HIS INABILITY OR FAILURE TO QUALIFY AS A
BONA FIDE NOMINEE PRIOR TO THE EXPIRATION OF THE FINAL DATE FOR
FILING SUCH PETITION UNDER THE ELECTION LAWS OF THE DISTRICT OF
COLUMBIA, ON THE DAY FOLLOWING SUCH EXPIRATION DATE;
"(2) IN THE CASE OF SUCH CANDIDATE WHO IS ELECTED TO ANY SUCH
OFFICE WITH RESPECT TO WHICH SUCH NOMINATING PETITION WAS
OBTAINED, ON THE DAY SUCH CANDIDATE TAKES OFFICE FOLLOWING THE
ELECTION HELD WITH RESPECT THERETO;
"(3) IN THE CASE OF SUCH CANDIDATE WHO IS DEFEATED IN A PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR THE OFFICE WITH RESPECT
TO WHICH SUCH NOMINATING PETITION WAS OBTAINED, ON THE EXPIRATION
OF THE THIRTY DAY PERIOD FOLLOWING THE DATE OF SUCH PRIMARY
ELECTION; AND
"(4) IN THE CASE OF SUCH CANDIDATE WHO FAILS TO BE ELECTED IN A
GENERAL ELECTION TO ANY SUCH OFFICE WITH RESPECT TO WHICH SUCH
NOMINATING PETITION WAS OBTAINED, ON THE EXPIRATION OF THE THIRTY
DAY PERIOD FOLLOWING THE DATE OF SUCH ELECTION.
"(C) THE PROVISIONS OF THIS SECTION SHALL TERMINATE AS OF JANUARY 2,
1975."
(B) THE TABLE OF CONTENTS FOR PART C OF TITLE VII OF SUCH ACT IS
AMENDED BY INSERTING AT THE END OF THAT PART THE FOLLOWING NEW ITEM:
FIRST HELD UNDER THIS ACT."
(C) SECTION 771(E) OF THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND
GOVERNMENTAL REORGANIZATION ACT //87 STAT. 836.// IS AMENDED BY DELETING
"PART E" AND INSERTING IN LIEU THEREOF "SECTION 724 AND PART E".
SEC. 4. (A) SECTION 7324(D)(4) OF TITLE 5, UNITED STATES CODE, IS
AMENDED TO READ AS FOLLOWS: //80 STAT. 526.//
"(4) THE MAYOR OF THE DISTRICT OF COLUMBIA, THE MEMBERS OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA, OR THE CHAIRMAN OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA, AS ESTABLISHED BY THE
DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL
REORGANIZATION ACT; OR".
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS
OF SECTION 7324(A)(2) OF TITLE 5, UNITED STATES CODE, SHALL NOT BE
APPLICABLE TO THE COMMISSIONER OF THE DISTRICT OF COLUMBIA OR THE
MEMBERS OF THE DISTRICT OF COLUMBIA COUNCIL (INCLUDING THE CHAIRMAN AND
VICE CHAIRMAN), AS ESTABLISHED BY REORGANIZATION PLAN NUMBERED 3 OF
1967. //81 STAT. 948, 5 USC APP.//
(C) SECTION 741 OF THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND
GOVERNMENTAL REORGANIZATION ACT IS REPEALED. //87 STAT. 831.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 654 (COMM. ON THE DISTRICT OF COLUMBIA) AND
NO. 93- 955 (COMM. OF CONFERENCE).
SENATE REPORT: NO. 93 - 618 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD:
VOL. 119 (1973): NOV. 26, CONSIDERED AND PASSED HOUSE. DEC.
14, CONSIDERED AND PASSED SENATE, AMENDED. DEC. 19, 20, HOUSE
AGREED TO SENATE AMENDMENTS WITH AN AMENDMENT.
VOL. 120 (1974): APR. 2, HOUSE AGREED TO CONFERENCE REPORT.
APR. 3, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-267, 88 STAT 85.
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 ENTITLED "AN ACT TO INCORPORATE THE AMERICAN WAR MOTHERS", APPROVED
FEBRUARY 24, 1925, AS AMENDED (36 U.S.C. 97), IS AMENDED BY INSERTING
AFTER "HER SON OR SONS OR DAUGHTER OR DAUGHTERS OF HER BLOOD" THE
FOLLOWING: ", HER LEGALLY ADOPTED SON OR SONS OR LEGALLY ADOPTED
DAUGHTER OR DAUGHTERS, OR HER STEPSON OR STEPSONS OR STEPDAUGHTER OR
STEPDAUGHTERS". // 67 STAT. 81. //
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 933 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 576 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD:
VOL. 119 (1973): NOV. 28, CONSIDERED AND PASSED SENATE.
120 (1974): APRIL 1, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-266, 88 STAT 85.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 4 OF
THE ACT ENTITLED "AN ACT TO INCORPORATE THE AMERICAN HOSPITAL OF PARIS",
APPROVED JANUARY 30, 1913 (37 STAT. 654), IS AMENDED BY DELETING "NOR
MORE THAN TWENTY".
(B) SECTION 6 OF SUCH ACT IS AMENDED BY DELETING "AN EQUAL NUMBER OF"
WHEREVER IT APPEARS THEREIN.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 932 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 578 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD:
VOL. 119 (1973): NOV. 28, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): APR. 1, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-265, 88 STAT 84.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SUBSECTION (C) OF
SECTION 701 OF TITLE VII OF THE ACT ENTITLED "AN ACT TO PRESCRIBE
PENALTIES FOR CERTAIN ACTS OF VIOLENCE OR INTIMIDATION, AND FOR OTHER
PURPOSES", APPROVED APRIL 11, 1968, IS AMENDED TO READ AS FOLLOWS: //
82 STAT. 80. 25 USC 1341. //
"(C) THERE IS AUTHORIZED TO BE APPROPRIATED FOR CARRYING OUT THE
PROVISIONS OF THIS TITLE SUCH SUM AS MAY BE NECESSARY.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 931 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 252 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JUNE 27, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): APR. 1, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-264, 88 STAT. 84
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) THE SECRETARY
OF STATE IS HEREBY AUTHORIZED TO SELL, BY QUITCLAIM DEED, TO WAKE FOREST
UNIVERSITY THE FORMER CONSULATE OFFICE BUILDING AND RESIDENCE AT RIO
TORRE-SELLE AND CANAL GRANDE, IN VENICE, FOR THE SUM OF $250,000,
SUBJECT TO SUCH TERMS AND CONDITIONS AS THE SECRETARY SHALL PRESCRIBE
NOT INCONSISTENT WITH THE PROVISIONS OF THE FOREIGN SERVICE BUILDINGS
ACT. 1926. SUCH $250,000 SHALL BE APPLIED OR HELD PURSUANT TO SECTION
9(B) OF SUCH ACT OF 1926. //80 STAT. 882, 22 USC 300.//
(B) WAKE FOREST UNIVERSITY SHALL NOT LEASE OR OTHERWISE ALIENATE THIS
PROPERTY EXCEPT IN ACCORDANCE WITH THE TERMS OF THIS ACT.
(C) IF THE UNIVERSITY DETERMINES THAT THE PROPERTY IS NO LONGER
REQUIRED AND WISHES TO DISPOSE OF IT, THE UNIVERSITY WILL OFFER THE
PROPERTY, BY QUITCLAIM DEED, TO THE SECRETARY OF STATE AT A PRICE OF
$250,000, GRANTING A ONE-YEAR OPTION AT THAT PRICE, AND MAY ONLY DISPOSE
OF THE PROPERTY TO A THIRD PARTY AFTER WRITTEN NOTICE FROM THE SECRETARY
OF STATE THAT HE DOES NOT WISH TO EXERCISE THE OPTION, OR AFTER THE
EXPIRATION OF THE YEAR'S OPTION WITHOUT ITS BEING EXERCISED BY HIM. IN
THE EVENT THE SECRETARY SHALL EXERCISE THE OPTION, HE SHALL HAVE ONE
YEAR FROM THE DATE OF EXERCISE IN WHICH TO MAKE SETTLEMENT. IF THE
UNIVERSITY HAS MADE CAPITAL IMPROVEMENTS TO THE OROPERTY DURING ITS
OWNERSHIP, SUCH IMPROVEMENTS SHALL BE EVALUATED BY THE SECRETARY, AND
PAID TO THE UNIVERSITY IN ADDITION TO THE $250,000 PRICE STATED ABOVE IN
COMPENSATION THEREFOR.
(D) WAKE FOREST UNIVERSITY SHALL PROVIDE SUITABLE OFFICE SPACE FOR
UNITED STATES GOVERNMENT EMPLOYEES ON OFFICIAL BUSINESS IN VENICE AT ANY
TIME SUCH SPACE IS REQUESTED BY THE AMERICAN EMBASSY IN ROME OR THE
AMERICAN CONSULATE IN MILAN, IN ACCORDANCE WITH ARRANGEMENTS TO BE
DETERMINED BY THE PARTIES PRIOR TO TRANSFER OF TITLE UNDER THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 810 (COMM. ON FOREIGN AFFAIRS).
SENATE REPORT NO. 93 - 752 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 13, CONSIDERED AND PASSED HOUSE.
MAR. 28, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-263, 88 STAT 83, FOREIGN SERVICE BUILDINGS ACT, 1926,
AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED. THAT SUBSECTION (G) OF
SECTION 4 OF THE FOREIGN SERVICE BUILDINGS ACT, 1926 (22 U.S.C. 295), IS
AMENDED-- //87 STAT. 98.//
(1) BY STRIKING OUT "$590,000" IN SUBPARAGRAPH (1)(A) AND
INSERTING IN LIEU THEREOF "$631,000";
(2) BY STRIKING OUT "$160,000" IN SUBPARAGRAPH (1)(C) AND
INSERTING IN LIEU THEREOF "$204,000";
(3) BY STRIKING OUT "$2,218,000" IN SUBPARAGRAPH (1)(E) AND
INSERTING IN LIEU THEREOF "$2,287,000"; AND
(4) BY STRIKING OUT "$45,800,000" AND $21,700,000" IN PARAGRAPH
(2) AND INSERTING IN LIEU THEREOF "$48,532,000" AND "$23,066,000",
RESPECTIVELY.
LEGISLATIVE HISTORY:
HOUSE REPORT NO 93 - 811 (COMM. ON FOREIGN AFFAIRS).
SENATE REPORT NO. 93 - 753 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 13, CONSIDERED AND PASSED HOUSE.
MAR. 29, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-262, 88 STAT 77, INDIAN FINANCING ACT OF 1974.
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 "INDIAN FINANCING ACT OF 1974". //25 USC 1451 NOTE.//
DECLARATION OF POLICY //25 USC 1451.//
SEC. 2. IT IS HEREBY DECLARED TO BE THE POLICY OF CONGRESS TO
PROVIDE CAPITAL ON A REIMBURSABLE BASIS TO HELP DEVELOP AND UTILIZE
INDIAN RESOURCES, BOTH PHYSICAL AND HUMAN, TO A POINT WHERE THE INDIANS
WILL FULLY EXERCISE RESPONSIBILITY FOR THE UTILIZATION AND MANAGEMENT OF
THEIR OWN RESOURCES AND WHERE THEY WILL ENJOY A STANDARD OF LIVING FROM
THEIR OWN PRODUCTIVE EFFORTS COMPARABLE TO THAT ENJOYED BY NON-INDIANS
IN NEIGHBORING COMMUNITIES.
DEFINITIONS //25 USC 1452.//
SEC. 3. SOR THE PURPOSE OF THIS ACT, THE TERM--
(A) "SECRETARY" MEANS THE SECRETARY OF THE INTERIOR.
(B) "INDIAN" MEANS ANY PERSON WHO IS A MEMBER OF ANY INDIAN TRIBE,
BAND, GROUP, PUEBLO, OR COMMUNITY WHICH IS RECOGNIZED BY THE FEDERAL
GOVERNMENT AS ELIGIBLE FOR SERVICES FROM THE BURIAU OF INDIAN AFFAIRS
AND ANY "NATIVE" AS DEFINED IN THE ALASKA NATIVE CLAIMS SETTLEMENT ACT
(85 STAT. 688).
(C) "TRIBE" MEANS ANY INDIAN TRIBE, BAND, GROUP, PUEBLO, OR
COMMUNITY, INCLUDING NATIVE VILLAGES AND NATIVE GROUPS (INCLUDING
CORPORATIONS ORGANIZED BY KENAI, JUNEAU, SITKA, AND KODIAK) AS DEFINED
IN THE ALASKA NATIVE CLAIMS SETTLEMENT ACT, //43 USC 1601 NOTE.// WHICH
IS RECOGNIZED BY THE FEDERAL GOVERNMENT AS ELIGIBLE FOR SERVICES FROM
THE BUREAU OF INDIAN AFFAIRS.
(D) "RESERVATION" INCLUDES INDIAN RESERVATIONS, PUBLIC DOMAIN INDIAN
ALLOTMENTS, FORMER INDIAN RESERVATIONS IN OKLAHOMA, AND LAND HELD BY
INCORPORATED NATIVE GROUPS, REGIONAL CORPORATIONS, AND VILLAGE
CORPORATIONS UNDER THE PROVISIONS OF THE ALASKA NATIVE CLAIMS SETTLEMENT
ACT.
(E) "ECONOMIC ENTERPRISE" MEANS AND INDIAN-OWNED (AS DEFINED BY THE
SECRETARY OF THE INTERIOR) COMMERCIAL, INDUSTRIAL, OR BUSINESS ACTIVITY
ESTABLISHED OR ORGANIZED FOR THE PURPOSE OF PROFIT: PROVIDED, THAT SUCH
INDIAN OWNERSHIP SHALL CONSTITUTE NOT LESS THAN 51 PER CENTUM OF THE
ENTERPRISE.
(F) "ORGANIZATION", UNLESS OTHERWISE SPECIFIED, SHALL BE THE
BOVERNING BODY OF ANY INDIAN TRIBE, AS DEFINED IN SUBSECTION (C) HEREOF,
OR ENTITY ESTABLISHED OR RECOGNIZED BY SUCH GOVERNING BODY FOR THE
PURPOSE OF THIS ACT.
(G) "OTHER ORGANIZATIONS" MEANS ANY NON-INDIAN INDIVIDUAL, FIRM,
CORPORATION, PARTNERSHIP, OR ASSOCIATION.
SEC. 4. NO PROVISION OF THIS OR ANY OTHER ACT //25 USC 1453.// SHALL
BE CONSTRUED TO TERMINATE OR OTHERWISE CURTAIL THE ASSISTANCE OR
ACTIVITIES OF THE SMALL BUSINESS ADMINISTRATION OR ANY OTHER FEDERAL
AGENCY WITH RESPECT TO ANY INDIAN TRIBE, ORGANIZATION, OR INDIVIDUAL
BECAUSE OF THEIR ELIGIBILITY FOR ASSISTANCE UNDER THIS ACT.
SEC. 101. //25 USC 1461.// IN ORDER TO PROVIDE CREDIT THAT IS NOT
AVAILABLE FROM PRIVATE MONEY MARKETS, ALL FUNDS THAT ARE NOW OR
HEREAFTER A PART OF THE REVOLOVING FUND AUTHORIZED BY THE ACT OF JUNE
18, 1934 (48 STAT. 986), //25 USC 470.// THE ACT OF JUNE 26, 1936 (49
STAT. 1968, //25 USC 506.// AND THE ACT OF APRIL 19, 1950 (64 STAT.
44), AS AMENDED AND SUPPLEMENTED, //25 USC 634.// INCLUDING SUMS
RECEIVED IN SETTLEMENT OF DEBTS OF LIVESTOCK PURSUANT TO THE ACT OF MAY
24, 1950 (64 STAT. 190, //25 USC 442, 443.// AND THE SUMS COLLECTED IN
REPAYMENT OF LOANS HERETOFORE OR HEREAFTER MADE, AND AS INTEREST OR
OTHER CHARGES ON LOANS, SHALL HEREAFTER BE ADMINISTERED AS A SINGLE
INDIAN REVOLVING LOAN FUND. THE FUND SHALL BE AVAILABLE FOR LOANS TO
INDIANS HAVING A FORM OF ORGANIZATIONS THAT IS SATISFACTORY TO THE
SECRETARY AND FOR LOANS TO INDIVIDUAL INDIANS WHO ARE NOT MEMBERS OF OR
ELIGIBLE FOR MEMBERSHIP IN AN ORGANIZATION WHICH IS MAKING LOANS TO ITS
MEMBERS: PROVIDED, THAT, WHERE THE SECRETARY DETERMINES A REJECTION OF
A LOAN APPLICATION FROM A MEMBER OF AN ORGANIZATION MAKING LOANS TO ITS
MEMBERSHIP FROM MONEYS BORROWED FROM THE FUND IS UNWARRANTED, HE MAY, IN
HIS DISCRETION, MAKE A DIRECT LOAN TO SUCH INDIVIDUAL FROM THE FUND.
THE FUND SHALL ALSO BE AVAILABLE FOR ADMINISTRATIVE EXPENSES INCURRED IN
CONNECTION THEREWITH.
SEC. 102. //25 USC 1462.// LOANS MAY BE MADE FOR ANY PURPOSE WHICH
WILL PROMOTE THE ECONOMIC DEVELOPMENT OF (A) THE INDIVIDUAL INDIAN
BORROWER, INCLUDING LOANS FOR EDUCATIONAL PURPOSES, AND (B) THE INDIAN
ORGANIZATION AND ITS MEMBERS INCLUDING LOANS BY SUCH ORGANIZATIONS TO
OTHER ORGANIZATIONS AND INVESVTMENTS IN OTHER ORGANIZATIONS REGARDLESS
OF WHETHER THEY ARE ORGANIZATIONS OF INDIANS: PROVIDED, THAT NOT MORE
THAN 50 PER CENTUM OF LOAN MADE TO AN ORGANIZATION SHALL BE USED BY SUCH
ORGANIZATION FOR THE PURPOSE OF MAKING LOANS TO OR INVESTMENTS IN
NON-INDIAN ORGANIZATIONS.
SEC. 103. //25 USC 1463.// LOANS MAY BE MADE ONLY WHEN, IN THE
JUDGMENT OF THE SECRETARY, THERE IS A REASONABLE PROSPECT OF REPAYMENT,
AND ONLY TO APPLICANTS WHO IN THE OPINION OF THE SECRETARY ARE UNABLE TO
OBTAIN FINANCING FROM OTHER SOURCES ON REASONABLE TERMS AND CONDITIONS.
SEC. 104. //25 USC 1464.// LOANS SHALL BE FOR TERMS THAT DO NOT
EXCEED THIRTY YEARS AND SHALL BEAR INTEREST AT (A) A RATE DETERMINED BY
THE SECRETARY OF THE TREASURY TAKING INTO CONSIDERATION THE MARKET YIELD
ON MUNICIPAL BONDS: PROVIDED, THAT IN NO EVENT SHALL THE RATE BE
GREATER THAN THE RATE DETERMINED BY THE SECRETARY OF THE TREASURY TAKING
INTO CONSIDERATION THE CURRENT AVERAGE YIELD ON OUTSTANDING MARKETABLE
OBLIGATIONS OF THE UNITED STATES OF COMPARABLE MATURITY, PLUS (B) SUCH
ADDITIONAL CHARGE, IF ANY, TOWARD COVERING OTHER COSTS OF THE PROGRAM AS
THE SECRETARY MAY DETERMINE TO BE CONSISTENT WITH ITS PURPOSE:
PROVIDED, THAT EDUCATIONAL LOANS MAY PROVIDE FOR INTEREST TO BE DEFERRED
WHILE THE BORROWER IS IN SCHOOL OR IN THE MILITARY SERVICE.
SEC. 105. //25 USC 1465.// THE SECRETARY MAY CANCEL, ADJUST,
COMPROMISE, OR REDUCE THE AMOUNT OF ANY LOAN OR ANY PORTION THEREOF
HERETOFORE OR HEREAFTER MADE FROM THE REVOLVING LOAN FUND ESTABLISHED BY
THIS TITLE AND ITS PREDECESSOR CONSTITUENT FUNDS WHICH HE DETERMINES TO
BE UNCOLLECTABLE IN WHOLE OR IN PART, OR WHICH IS COLLECTABLE ONLY AT AN
UNREASONABLE COST, OR WHEN SUCH ACTION WOULD, IN HIS JUDGMENT, BE IN THE
BEST INTERESTS OF THE UNITED STATES: PROVIDED, THAT PROCEEDINGS
PURSUANT TO THIS SENTENCE SHALL BE EFFECTIVE ONLY AFTER FOLLOWING THE
PROCEDURE PRESCRIBED BY THE ACT OF JULY 1, 1932 (47 STAT. 564,25 U.S.C.
386A). HE MAY ALSO ADJUST, COMPROMISE, SUBORDINATE, OR MODIFY THE TERMS
OF ANY MORTGAGE, LEASE, ASSIGNMENT, CONTRACT, AGREEMENT, OR OTHER
DOCUMENT TAKEN TO SECURE SUCH LOANS.
SEC. 106. //25 USC 1466.// TITLE TO ANY LAND PURCHASED BY A TRIBE OR
BY AN INDIVIDUAL INDIAN WITH LOANS YMADE FROM THE REVOLVING LOAN FUND
MAY BE TAKEN IN TRUST UNLESS THE LAND IS LOCATED OUTSIDE THE BOUNDARIES
OF A RESERVATION OR A TRIBAL CONSOLIDATION AREA APPROVED BY THE
SECRETARY. TITLE TO ANY LAND PURCHASED BY A TRIBE OR AN INDIVIDUAL
INDIAN WHICH IS OUTSIDE THE BOUNDARIES OF THE RESERVATION OR APPROVED
CONSOLIDATION AREA MAY BE TAKEN IN TRUST IF THE PURCHASER WAS THE OWNER
OF TRUST OR RESTRICTED INTERESTS IN THE LAND BEFORE THE PURCHASE,
OTHERWISE TITLE SHALL BE TAKEN IN THE NAME OF THE PURCHASERS WITHOUT ANY
RESTRICTION ON ALIENATION, CONTROL, OR USE. TITLE TO ANY PERSONAL
PROPERTY PURCHASED WITH A LOAN FROM THE REVOLVING LOAN FUND SHALL BE
TAKEN IN THE NAME OF THE PURCHASER.
SEC. 107. //25 USC 1467.// ANY ORGANIZATION RECEIVING A LOAN FROM
THE REVOLVING LOAN FUND SHALL BE REQUIRED TO ASSIGN TO THE UNITED STATES
AS SECURITY FOR THE LOAN ALL SECURITIES ACQUIRED IN CONNECTION WITH THE
LOANS MADE TO ITS MEMBERS FROM SUCH FUNDS UNLESS THE SECRETARY
DETERMINES THAT THE REPAYMENT OF THE LOAN TO THE UNITED STATES IS
OTHERWISE REASONABLY ASSURED.
SEC. 108. //25 USC 1768.// THERE IS AUTHORIZED TO BE APPROPRIATED,
TO PROVIDE CAPITAL AND TO RESTORE ANY IMPAIRMENT OF CAPITAL FOR THE
REVOLVING LOAN FUND $50,000,000 EXCLUSINVE OF PRIOR AUTHORIZATIONS AND
APPROPRIATIONS.
SEC. 109. //25 USC 1469.// THE SECRETARY SHALL PROMULGATE RULES AND
REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS TITLE.
SEC. 201. //25 USC 1481.// IN ORDER TO PROVIDE ACCESS TO PRIVATE
MONEY SOURCES WHICH OTHERWISE WOULD NOT BE AVAILABLE, THE SECRETARY IS
AUTHORIZED (A) TO GUARANTEE NOT TO EXCEED 90 PER CENTUM OF THE UNPAID
PRINCIPAL AND INTEREST DUE ON ANY LOAN MADE TO ANY ORGANIZATION OF
INDIANS HAVING A FORM OR ORGANIZATION SATISFACTORY TO THE SECRETARY, AND
TO INDIVIDUAL INDIANS WHO ARE NOT MEMBERS OF OR ELIGIBLE FOR MEMBERSHIP
IN AN ORGANIZATION WHICH IS MAKING LOANS TO ITS MEMBERS; AND (B) IN
LIEU OF SUCH GUARANTY, TO INSURE LOANS UNDER AN AGREEMENT APPROVED BY
THE SECRETARY WHEREBY THE LENDER WILL BE REIMBURSED FOR LOSSES IN AN
AMOUNT NOT TO EXCEED 15 PER CENTUM OF THE AGGREGATE OF SUCH LOANS MADE
BY IT, BUT NOT TO EXCEED 90 PER CENTUM OF THE LOSS ON ANY ONE LOAN.
SEC. 202. //25 USC 1482.// THE SECRETARY SHALL FIX SUCH PREMIUM
CHARGES FOR THE INSURANCE AND GUARANTEE OF LOANS AS ARE IN HIS JUDGMENT
ADEQUATE TO COVER EXPENSES AND PROBABLE LOSSES, AND DEPOSIT RECEIPTS
FROM SUCH CHARGES IN THE INDIAN LOAN GUARANTY AND INSURANCE FUND
ESTABLISHED PURSUANT TO SECTION 217(A) OF THIS TITLE.
SEC. 203. //25 USC 1483.// LOANS GUARANTEED OR INSURED PURSUANT TO
THIS TITLE SHALL BEAR INTEREST (EXCLUSIVE OF PREMIUM CHARGES FOR
INSURANCE, AND SERVICE CHARGE, IF ANY) AT RATES NOT TO EXCEED SUCH PER
CENTUM PER ANNUM ON THE PRINCIPAL OBLIGATION OUTSTANDING AS THE
SECRETARY DETERMINES TO BE REASONABLE TAKING INTO CONSIDERATION THE
RANGE OF INTEREST RATES PREVAILING IN THE PRIVATE MARKET FOR SIMILAR
LOANS AND THE RISKS ASSUMED BY THE UNITED STATES.
SEC. 204. //25 USC 1484.// THE APPLICATION FOR A LOAN TO BE
GUANANTEED HEREUNDER SHALL BE SUBMITTED TO THE SECRETARY FOR PRIOR
APPROVAL. UPON APPROVAL, THE SECRETARY SHALL ISSUE A CERTIFICATE AS
EVIDENCE OF THE GUARANTY. SUCH CERTIFICATE SHALL BE ISSUED ONLY WHEN,
IN THE JUDGMENT OF THE SECRETARY, THERE IS A REASONABLE PROSPECT OF
REPAYMENT. NO LOAN TO AN INDIVIDUAL INDIAN MAY BE GUARANTEED OR INSURED
WHICH WOULD CAUSE THE TOTAL UNPAID PRINCIPAL INDEBTEDNESS TO EXCEED
$100,000. NO LOAN TO AN ECONOMIC ENTERPRISE (AS DEFINED IN SECTION 3)
IN EXCESS OF $100,000 OR SUCH LOWER AMOUNT AS THE SECRETARY MAYN
DETERMINE TO BE APPROPRIATE, SHALL BE INSURED UNLESS PRIOR APPROVAL OF
THE LOAN IS OBTAINED FROM THE SECRETARY.
SEC. 205. //25 USC 1485.// ANY LOAN GUARANTEED HEREUNDER, INCLUDING
THE SECURITY GIVEN THEREFOR, MAY BE SOLD OR ASSIGNED BY THE LENDER TO
ANY FINANCIAL INSTITUTION SUBJECT TO EXAMINATION AND SUPERVISION BY AN
AGENCY OF THE UNITED STATES OR OF ANY STATE OR THE DISTRICT OF COLUMBIA.
SEC. 206. //25 USC 1486.// LOANS MADE BY ANY AGENCY OR
INSTRUMENTALITY OF THE FEDERAL GOVERNMENT, OR BY AN ORGANIZATION OF
INDIANS FROM FUNDS BORROWED FROM THE UNITED STATES, AND LOANS THE
INTEREST ON WHICH IS NOT INCLUDED IN GROSS INCOME FOR THE PURPOSES OF
CHAPTER 1 OF THE INTERNAL REVENUE CODE OF 1954, AS AMENDED, //68A STAT.
3; 76 STAT. 1051, 26 USC 1 ET SEQ.// SHALL NOT BE ELIGIBLE FOR GUARANTY
OR INSURANCE HEREUNDER.
SEC. 207. //25 USC 1487.// ANY LOANS INSURED HEREUNDER SHALL BE
RESTRICTED TO THOSE MADE BY A FINANCIAL INSTITUTION SUBJECT TO
EXAMINATION AND SUPERVISION BY AN AGENCY OF THE UNITED STATES, A STATE,
OR THE DISTRICT OF COLUMBIA, AND TO LOANS MADE BY INDIAN ORGANIZATIONS
FROM THEIR OWN FUNDS TO OTHER TRIBES OR ORGANIZATIONS OF INDIANS.
SEC. 208. //25 USC 1488.// LOANS GUARANTEED HEREUNDER MAY BE MADE BY
ANY LENDER SATISFACTORY TO THE SECRETARY, EXCEPT AS PROVIDED IN SECTION
206. THE LIABILITY UNDER THE GUARANTY SHALL DECREASE OR INCREASE PRO
RATA WITH ANY DECREASE OR INCREASE IN THE UNPAID PORTION OF THE
OBLIGATION.
SEC. 209. //25 USC 1489.// ANY LOAN MADE BY ANY NATIONAL BAND OR
FEDERAL SEVINGS AND LOAN ASSOCIATION, OR BY ANY BANK, TRUST COMPANY,
BUILDING AND LOAN ASSOCIATION, OR INSURANCE COMPANY AUTHORIZED TO DO
BUSINESS IN THE DISTRICT OF COLUMBIA, AT LEAST 20 PER CENTUM OF WHICH IS
GUARANTEED HEREUNDER, MAY BE MADE WITHOUT REGARD TO THE LIMITATIONS AND
RESTRICTIONS OF ANY OTHER FEDERAL STATUTE WITH RESPECT TO (A) RATIO OF
AMOUNT OF LOAN TO THE VALUE OF THE PROPERTY; (B) MATURITY OF LOANS;
(C) REQUIREMENT OF MORTGAGE OR OTHER SECURITY; (D) PRIORITY OF LIEN;
OR (E) PERCENTAGE OF ASSETS WHICH MAY BE INVESTED IN REAL ESTATE LOANS.
SEC. 210. //25 USC 1490.// THE MATURITY OF ANY LOAN GUARANTEED OR
INSURED HEREUNDER SHALL NOT EXCEED THIRTY YEARS.
SEC. 211. //25 USC 1491.// IN THE EVENT OF A DEFAULT OF A LOAN
GUARANTEED HEREUNDER, THE HOLDER OF THE GUARANTY CERTIFICATE MAY
IMMEDIATELY NOTIFY THE SECRETARY IN WRITING OF SUCH DEFAULT AND THE
SECRETARY SHALL THEREUPON PAY TO SUCH HOLDER THE PRO RATA PORTION OF THE
AMOUNT GUARANTEED AND SHALL BE SUBROGATED TO THE RIGHTS OF THE HOLDER OF
THE GUARANTY AND RECEIVE AN ASSIGNMENT OF THE OBLIGATION AND SECURITY.
THE SECRETARY MAY CANCEL THE UNCOLLECTIBLE PORTION OF ANY OBLIGATION, TO
WHICH HE HAS AN ASSIGNMENT OR A SUBROGATED RIGHT UNDER THIS SECTION:
PROVIDED, THAT PROCEEDINGS PURSUANT TO THIS SENTENCE SHALL EB EFFECTIVE
ONLY AFTER FOLLOWING THE PROCEDURE PRESCRIBED BY THE ACT OF JULY 1, 1932
(47 STAT. 564, 25 US.C. 386A). NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PRECLUDE ANY FORBEARANCE FOR THE BENEFIT OF THE BORROWER AS
MAY BE AGREED UPON BY THE PARTIES TO THE LOAN AND APPROVED BY THE
SECRETARY. THE SECRETARY MAY ESTABLISH THE DATE, NOT LATER THAN THE
DATE OF JUDGMENT AND DECREE OF FORECLOSURE OR SALE, UPON WHICH ACCRUAL
OF INTEREST OR CHARGES SHALL CEASE.
SEC. 212. //25 USC 1492.// WHEN A LENDER SUFFERS A LOSS ON A LOAN
INSURED HEREUNDER, INCLUDING ACCRUED INTEREST, A CLAIM THEREFOR SHALL BE
SUBMITTED TO THE SECRETARY. IF THE SECRETARY FINDS THAT THE LOSS HAS
BEEN SUFFERED, HE SHALL REIMBURSE THE LENDER THEREFOR: PROVIDED, THAT
THE AMOUNT PAYABLE TO THE LENDER FOR A LOSS ON ANY ONE LOAN SHALL NOT
EXCEED 90 PER CENTUM OF SUCH LOSS: PROVIDED FURTHER THAT NO
REIMBURSEMENT MAY BE MADE FOR LOSSES IN EXCESS OF 15 PER CENTUM OF THE
AGGREGATE OF INSURED LOANS MADE BY THE LENDER: PROVIDED FURTHER, THAT
BEFORE ANY REIMBURSEMENT IS MADE, ALL REASONABLE COLLECTION EFFORTS
SHALL HAVE BEEN LIQUIDATED TO THE EXTENT FEASIBLE, AND THE PROCEEDS
APPLIED ON THE DEBT. UPON REIMBURSEMENT, IN WHOLE OR IN PART, TO THE
LENDER, THE NOTE OR JUDGMENT EVIDENCING THE DEBT SHALL BE ASSIGNED TO
THE UNITED STATES. AND THE LENDER SHALL HAVE NO FURTHER CLAIM AGAINST
THE BORROWER OR THE UNITED STATES. THE SECRETARY SHALL THEN TAKE SUCH
FURTHER COLLECTION ACTION AS MAY BE WARRANTED, OR MAY CANCEL THE
UNCOLLECTABLE PORTION OF ANY DEBT ASSIGNED PURSUANT HERETO. THE
SECRETARY MAY ESTABLISH A DATE UPON WHICH ACCRUAL OF INTEREST OR CHARGES
SHALL CEASE.
SEC. 213. //25 USC 1493.// WHENEVER THE SECRETARY FINDS THAT ANY
LENDER OR HOLDER OF A GUARANTY CERTIFICATE FAILS TO MAINTAIN ADEQUATE
ACCOUNTING RECORDS, OR TO DEMONSTRATE PROPER ABILITY TO SERVICE
ADEQUATELY LOANS GUARANTEED OR INSURED, OR TO EXERCISE PROPER CREDIT
JUDGMENT, OR HAS WILLFULLY OR NEGLIGENTLY ENGAGED IN PRACTICES OTHERWISE
DETRIMENTAL TO THE INTERESTS OF A BORROWER OR OF THE UNITED STATES, HE
MAY REFUSE, EITHER TEMPORARILY OR PERMANENTLY, TO GUARANTEE OR INSURE
ANY FURTHER LOANS MADE BY SUCH LENDER OR HOLDER, AND MAY BAR SUCH LENDER
OR HOLDER FROM ACQUIRING ADDITIONAL LOANS GUARANTEED OR INSURED
HEREUNDER: PROVIDED, THAT THE SECRETARY SHALL NOT REFUSE TO PAY A VALID
GUARANY OR INSURANCE CLAIM ON LOANS PREVIOUSLY MADE IN GOOD FAITH.
SEC. 214. //25 USC 1494.// ANY EVIDENCE OF GUARANTY OR INSURANCE
ISSUED BY THE SECRETARY SHALL BE CONCLUSIVE EFIDENCE OF THE ELIGIBILITY
OF THE LOAN FOR GUARANY OR INSURANCE UNDER THE PROVISIONS OF THIS ACT
AND THE AMOUNT OF SUCH GUARANTY OR INSURANCE: PROVIDED, THAT NOTING IN
THIS SECTION SHALL PRECLUDE THE SECRETARY FROM ESTABLISHING, AS AGANIST
THE ORIGINAL LENDER, DEFENSES BASED ON FRAUD OR MATERIAL
MISREPRESENTATION OR BAR HIM FROM ESTABLISHING, BY REGULATIONS IN FORCE
AT THE DATE OF SUCH ISSUANCE OR DISBURSEMENT, WHICHEVER IS THE EARLIER,
PARTIAL DEFENSES TO THE AMOUNT PAYABLE ON THE GUARANTY OR INSURANCE.
SEC. 215. //25 USC 1495.// TITLE TO ANY LAND PURCHASED BY A TRIBE OR
BY AN INDIVIDUAL INDIAN WITH LOANS GUARANTEED OR INSURED PURSUANT TO
THIS TITLE MAY BE TAKEN IN TRUST, UNLESS THE LAND IS LOCATED OUTSIDE THE
BOUNDARIES OF A RESERVATION OR A TRIBAL CONSOLIDATION AREA APPROVED BY
THE SECRETARY. TITLE TO ANY LAND PURCHASED BY A TRIBE OR AN INDIVIDUAL
INDIAN WHICH IS OUTSIDE THE BOUNDARIES OF THE RESERVATION OR APPROVED
CONSOLIDATION AREA MAY BE TAKEN IN TRUST IF THE PURCHASER WAS THE OWNER
OF TRUST OR RESTRICTED INTERESTS IN THE LAND BEFORE THE PURCHASE,
OTHERWISE TITLE SHALL BE TAKEN IN THE NAME OF THE PURCHASER WITHOUT ANY
RESTRICTION ON ALIENATION, CONTROL, OR USE. TITLE TO ANY PERSONAL
PROPERTY PURCHASED WITH LOANS GUARANTEED OR INSURED HEREUNDER SHALL BE
TAKEN IN THE NAME OF THE PURCHASER.
SEC. 216. //25 USC 1496.// THE FINANCIAL TRANSACTIONS OF THE
SECRETARY INCIDENT TO OR ARISING OUT OF THE GUARANTEE OR INSURANCE OF
LOANS, AND THE ACQUISITION, MANAGEMENT, AND DISPOSITION OF PROPERTY,
REAL, PERSONAL, OR MIXED, INCIDENT TO SUCH ACTIVITIES, SHALL BE FINAL
AND CONCLUSIVE UPON ALL OFFICERS OF THE GOVERNMENT. WITH RESPECT TO
MATTERS ARISING OUT OF THE GUARANTY OR INSURANCE PROGRAM AUTHORIZED BY
THIS TITLE, AND NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAWS, THE
SECRETARY MAY--
(A) SUE AND BE SUED IN HIS OFFICIAL CAPACITY IN ANY COURT OF
COMPETENT JURISDICTION;
(B) SUBJECT TO THE SPECIFIC LIMITATIONS IN THIS TITLE, CONSENT
TO THE MODIFICATION, WITH RESPECT TO THE RATE OF INTEREST, TIME OF
PAYMENT ON PRINCIPAL OR INTEREST OR ANY PORTION THEREOF, SECURITY,
OR ANY OTHER PROVISIONS OF ANY NOTE, CONTRACT, MORTGAGE, OR OTHER
INSTRUMENT SECURING A LOAN WHICH HAS BEEN GUARANTEED OR INSURED
HEREUNDER;
(C) SUBJECT TO THE SPECIFIC LIMITATIONS IN THIS TITLE, PAY, OR
COMPROMISE, ANY CLAIM ON, OR ARISING BECAUSE OF ANY LOAN GUARANTY
OR INSURANCE;
(D) SUBJECT TO THE SPECIFIC LIMITATIONS IN THIS TITLE, PAY,
COMPROMISE, WAIVE, OR RELEASE ANY RIGHT TITLE, CLAIM, LIEN, OR
DEMAND, HOWEVER ACQUIRED, INCLUDING, BUT NOT LIMITED TO, ANY
EQUITY OR RIGHT OF REDEMPTION;
(E) PURCHASE AT ANY SALE, PUBLIC OR PRIVATE, UPON SUCH TERMS
AND FOR SUCH PRICES AS HE DETERMINES TO BE REASONABLE, AND TAKE
TITLE TO PROPERTY, REAL, PERSONAL, OR MIXED; AND SIMILARLY SELL,
AT PUBLIC OR PRIVATE SALE, EXCHANGE, ASSIGN, CONVEY, OR OTHERWISE
DISPOSE OF SUCH PROPERTY; AND
(F) COMPLETE, ADMINISTER, OPERATE, OBTAIN, AND PAY FOR
INSURANCE ON, AND MAINTAIN, RENOVATE, REPAIR, MODERNIZE, LEASE, OR
OTHERWISE DEAL WITH ANY PROPERTY ACQUIRED OR HELD PURSUANT TO THE
GUARANY OR INSURANCE PROGRAM AUTHORIZED BY THIS TITLE.
SEC. 217. //25 USC 1497.// THERE IS HEREBY CREATED AN INDIAN LOAN
GUARANTY AND INSURANCE FUND (HEREINAFTER REFERRED TO AS THE "FUND")
WHICH SHALL BE AVAILABLE TO THE SECRETARY AS A REVOLVING FUND WITHOUT
FISCAL YEAR LIMITATION FOR CARRYING OUT THE PROVISIONS OF THIS TITLE.
(B) THE SECRETARY MAY USE THE FUND FOR THE PURPOSE OF FULFILLING THE
OBLIGATIONS WITH RESPECT TO LOANS GUARANTEED OR INSURED UNDER THIS
TITLE, BUT THE AGGREGATE OF SUCH LOANS WHICH ARE INSURED OR GUARANTEED
BY THE SECRETARY SHALL BE LIMITED TO $200,000,000.
(C) ALL FUNDS, CLAIMS, NOTES, MORTGAGES, CONTRACTS, AND PROPERTY
ACQUIRED BY THE SECRETARY UNDER THIS SECTION, AND ALL COLLECTIONS AND
PROCEEDS THEREFROM, SHALL CONSTITUTE ASSETS OF THE FUND; AND ALL
LIABILITIES AND OBLIGATIONS OF SUCH ASSETS SHALL BE LIABILITIES AND
OBLIGATIONS OF THE FUND. THE SECRETARY IS AUTHORIZED TO MAKE AGREEMENTS
WITH RESPECT TO SERVICING LOANS HELD, GUARANTEED, OR INSURED BY HIM
UNDER THIS TITLE AND PURCHASING SUCH GUARANTEED OR INSURED LOANS ON SUCH
TERMS AND CONDITIONS AS HE MAY PRESCRIBE.
(D) THE SECRETARY MAY ALSO UTILIZE THE FUND TO PAY TAXES, INSURANCE
PRIOR LIENS, EXPENSES NECESSARY TO MAKE FISCAL ADJUSTMENTS IN CONNECTION
WITH THE APPLICATION AND TRANSMITTAL OF COLLECTIONS, AND OTHER EXPENSES
AND ADVANCES TO PROTECT THE SECRETARY FOR LOANS WHICH ARE GUARANTEED OR
INSURED UNDER THIS TITLE OR HELD BY THE SECRETARY, TO PACQUIRE SUCH
SECURITY PROPERTY AT FORECLOSURE SALE OR OTHERWISE, AND TO PAY
ADMINISTRATIVE EXPENSES.
SEC. 218. //25 USC 1498.// THE SECRETARY SHALL PROMULGATE RULES AND
REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS TITLE.
SEC. 301. //25 USC 1511.// THE SECRETARY IS AUTHORIZED UNDER SUCH
RULES AND REGULATIONS AS HE MAY PRESCRIBE TO PAY AS AN INTEREST SUBSIDY
ON LOANS WHICH ARE GUARANTEED OR INSURED UNDER THE PROVISIONS OF TITLE
II OF THIS ACT AMOUNTS WHICH ARE NECESSARY TO REDUCE THE RATE PAYABLE BY
THE BORROWER TO THE RATE DETERMINED UNDER SECTION 104 OF THIS ACT.
SEC. 302. //25 USC 1512.// THERE ARE AUTHORIZED TO BE APPROPRIATED
TO THE SECRETARY (A) TO CARRY OUT THE PROVISIONS OF SECTIONS 217 AND 301
OF THIS ACT, SUCH SUMS TO REMAIN AVAILABLE UNTIL EXPENDED, AND (B) FOR
ADMINISTRATIVE EXPENSES UNDER THIS ACT NOT TO EXCEED $20,000,000 IN EACH
OF THE FISCAL YEARS 1975, 1976, AND 1977.
SEC. 401. //25 USC 1521.// THERE IS ESTABLISHED WITHIN THE
DEPARTMENT OF THE INTERIOR THE INDIAN BUSINESS DEVELOPMENT PROGRAM WHOSE
PURPOSE IS TO STIMULATE AND INCREASE INDIAN ENTREPRENEURSHIP AND
EMPLOYMENT BY PROVIDING EQUITY CAPITAL THROUGH NONREIMBURSABLE GRANTS
MADE BY THE SECRETARY OF THE INTERIOR TO INDIANS AND INDIAN TRIBES TO
ESTABLISH AND EXPAND PROFIT-MAKING INDIAN-OWNED ECONOMIC ENTERPRISES ON
OR NEAR RESERVATIONS.
SEC. 402. //25 USC 1522.// NO GRANT IN EXCESS OF $50,000,000, OR
SUCH LOWER AMOUNT AS THE SECRETARY MAY DETERMINE TO BE APPROPRIATE, MAY
BE MADE TO AN INDIAN OR INDIAN TRIBE.
(B) A GRANT MAY BE MADE ONLY TO AN APPLICANT WHO, IN THE OPINION OF
THE SECRETARY, IS UNABLE TO OBTAIN ADEQUATE FINANCING FOR ITS ECONOMIC
ENTERPRISE FROM OTHER SOURCES: PROVIDED, THAT PRIOR TO MAKING ANY GRANT
UNDER THIS TITLE, THE SECRETARY SHALL ASSURE THAT, WHERE PRACTICAL, THE
APPLICANT HAS REASONABLY MADE AVAILABLE FOR THE ECONOMIC ENTERPRISE
FUNDS FROM THE APPLICANT'S OWN FINANCIAL RESOURCES.
(C) NO GRANT MAY BE MADE TO AN APPLICANT WHO IS UNABLE TO OBTAIN AT
LEAST 60 PER CENTUM OF THE NECESSARY FUNDS FOR THE ECONOMIC ENTERPRISE
FROM OTHER SOURCES.
SEC. 403. //25 USC 1523.// THERE ARE AUTHORIZED TO BE APPROPRIATED
NOT TO EXCEED THE SUM OF $10,000,000 FOR EACH OF THE FISCAL YEARS !975,
1976, AND 1977 FOR THE PURPOSES OF THIS TITLE.
SEC. 404. //25 USC 1524.// THE SECRETARY OF THE INTERIOR IS
AUTHORIZED TO PRESCRIBE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY
TO CARRY OUT THE PURPOSES OF THIS ACT.
SEC. 501. //25 USC 1451.// CONCURRENT WITH THE MAKING OR
GUARANTEEING OF ANY LOAN UNDER TITLES I AND II AND WITH THE MAKING OF A
GRANT UNDER TITLE IV OF THIS ACT, THE PURPOSE OF WHICH IS TO FUND THE
DEVELOPMENT OF AN ECONOMIC ENTERPRISE, THE SECRETARY SHALL INSURE THAT
THE LOAN OR GRANT APPLICANT SHALL BE PROVIDED COMPETENT MANAGEMENT AND
TECHNICAL ASSISTANCE CONSISTENT WITH THE NATURE OF THE ENTERPRISE BEING
FUNDED.
SEC. 502. //25 USC 1542.// FOR THE PURPOSE OF PROVIDING THE
ASSISTANCE REQUIRED UNDER SECTION 501, THE SECRETARY IS AUTHORIZED TO
COOPERATE WITH THE SMALL BUSINESS ADMINISTRATION AND ACTION AND OTHER
FEDERAL AGENCIES IN THE USE OF EXISTING PROGRAMS OF THIS CHARACTER IN
THOSE AGENCIES. IN ADDITION, THE SECRETARY IS AUTHORIZED TO ENTER INTO
CONTRACTS WITH PRIVATE ORGANIZATIONS FOR PROVIDING SUCH SERVICES AND
ASSISTANCE.
SEC. 503. //25 USC 1543.// FOR THE PURPOSE OF ENTERING INTO
CONTRACTS PURSUANT TO SECTION 502 OF THIS TITLE, THE SECRETARY IS
AUTHORIZED TO USE NOT TO EXCEED 5 PER CENTUM OF ANY FUNDS APPROPRIATED
FOR ANY FISCAL YEAR PURSUANT TO SECTION 302 OF THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 907 ACCOMPANYING H.R. 6371 (COMM. ON INTERIOR
AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 348 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
CONGRESSIONAL RECORD:
VOL. 119 (!973): JULY 28, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAR. 18, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIEU OF H.R. 6371.
MAR. 27, SENATE AGREED TO HOUSE AMENDMENT WITH AN AMENDMENT.
APR. 1, HOUSE CONCURRED IN SENATE AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 16:
APR. 13, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-261, 88 STAT 76.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FOLLOWING SUM IS
APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE
APPROPRIATED, FOR THE FISCAL YEAR ENDING JUNE 30, 1974 NAMELY:
READJUSTMENT BENEFITS
FOR AN ADDITIONAL AMOUNT FOR "READJUSTMENT BENEFITS", $750,000,000,
TO REMAIN AVAILABLE UNTIL EXPENDED.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 951 (COMM. ON APPROPRIATIONS).
SENATE REPORT NO. 93 - 759 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 27, CONSIDERED AND PASSED HOUSE.
MAR. 29, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-260, 88 STAT 76.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) CLAUSES (1)(A)
AND (2)(A) OF SECTION 8341(A) OF TITLE, 5, UNITED STATES CODE, //80
STAT. 577.// ARE AMENDED BY STRIKING OUT "2 YEARS" WHEREVER IT APPEARS
AND INSERTING IN LIEU THEREOF "1 YEAR".
(B) THE AMENDNENTS MADE BY SUBSECTION (A) OF THIS SECTION SHALL NOT
APPLY IN THE CASES OF EMPLOYEES, MEMBERS, OR ANNUITANTS WHO DIE BEFORE
THE DATE OF ENACTMENT OF THIS ACT. THE RIGHTS OF SUCH INDIVIDUALS AND
THEIR SURVIVORS SHALL CONTINUE IN THE SAME MANNER AND TO THE SAME EXTENT
AS IF SUCH AMENDMENTS HAD NOT BEEN ENACTED.
SEC. 2. (A) SECTION 8339(F)(2) OF TITLE 5, UNITED STATES CODE, IS
AMENDED--, //80 STAT. 575; 81 STAT. 642; 86 STAT. 144.//
(1) BY DELETING "GREATER" AND INSERTING "GREATEST" IN PLACE
THEREOF;
(2) BY DELETING THE WORD "OR" IMMEDIATELY AFTER THE SEMICOLON
AT THE END OF CLAUSE(A);
(3) BY REDESIGNATING CLAUSE (B) AS CLAUSE (C); AND
(4) BY INSERTING IMMEDIATELY BELOW CLAUSE (A) THE FOLLOWING NEW
CLAUSE (B):
"(B) THE AVERAGE PAY OF THE MEMBER; OR".
(B) THE AMENDMENTS MADE BY SXUBSECTION (A) OF THIS SECTION SHALL
APPLY TO ANNUITIES PAID FOR MONTHS BEGINNING AFTER THE DATE OF ENACTMENT
OF THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 882 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 395 (COMM. ON POST OFFICE AND CIVIL SERVICE)
CONGRESSIONAL RECORD:
VOL. 119 (1973): SEPT. 20, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAR. 19, CONSIDERED AND PASSED HOUSE,
AMENDED.
MAR. 27, SENATE CONCURRED IN HOUSE AMENDMENTS.
PUBLIC LAW 93-259, 88 STAT 55, FAIR LABOR STANDARDS AMENDMENTS OF
1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SHORT TITLE; REFERENCES TO ACT
SECTION 1. (A) THIS ACT MAY BE CITED AS THE "FAIR LABOR STANDARDS
AMENDMENTS OF 1974". //298 USC 203 NOTE.//
(B) UNLESS OTHERWISE SPECIFIED, WHENEVER IN THIS ACT AN AMENDMENT OR
REPEAL IS EXPRESSED IN TERMS OF AN AMENDMENT TO, OR REPEAL OF, A SECTION
OR OTHER PROVISION, THE SECTION OR OTHER PROVISION AMENDED OR REPEALED
IS A SECTION OR OTHER PROVISION OF THE FAIR LABOR STANDARDS ACT OF 1938
(29 U.S.C. 201 - 219). //52 STAT. 1060.//
INCREASE IN MINIMUM WAGE RATE FOR EMPLOYEES COVERED BEFORE 1966
SEC. 2. SECTION 6(A) (1) IS AMENDED TO READ AS FOLLOWS: //80 STAT.
838, 29 USC 206.//
"(1) NOT LESS THAN $2 AN HOUR DURING THE PERIOD ENDING DECENBER
31, 1974, NOT LESS THAN $2.10 AN HOUR DURING THE YEAR BEGINNING
JANUARY 1, 1975, AND NOT LESS THAN $2.30 AN HOUR AFTER DECEMBER
31, 1975, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION;".
INCREASE IN MINUMUM WAGE RATE FOR NONAGRICULTURAL EMPLOYEES
COVERED IN 1966 AND 1974
SEC. 3. SECTION 6(B) IS AMENDED (1) BY INSERTING ", TITLE IX OF THE
EDUCATION AMENDMENTS OF 1972, OR THE FAIR LABOR STANDARDS AMENDMENTS OF
1974" AFTER "1966", AND (2) BY STRIKING OUT PARAGRAPHS (1) THROUGH (5)
AND INSERTING IN LIEU THEREOF THE FOLLOWING: //86 STAT. 373, 20 USC
1681.//
"(1) NOT LESS THAN $1.90 AN HOUR DURING THE PERIOD ENDING
DECEMBER 31, 1974,
"(2) NOT LESS THAN $2 AN HOUR DUING THE YEAR BEGINNING JANUARY
1, 1975,
"(3) NOT LESS THAN $2.20 AN HOUR DURING THE YEAR BEGINNING
JANUARY 1, 1976, AND
"(4) NOT LESS THAN $2.30 AN HOUR AFTER DECEMBER 31, 1976."
INCREASE IN MINIMUM WAGE RATE FOR AGRICULTURAL EMPLOYEES
SEC. 4. SECTION 6(A) (5) IS AMENDED TO READ AS FOLLOWS:
"(5) IF SUCH EMPLOYED IN AGRICULTURE, NOT LESS THAN--,
"(A) $1.60 AN HOUR DURING THE PERIOD ENDING DECEMBER 31, 1974.
"(B) $1.80 AN HOUR DURING THE YEAR BEGINNING JANUARY 1, 1975.
"(C) $2 AN HOUR DURING THE YEAR BEGINNING JANUARY 1, 1976,
"(D) $2.20 AN HOUR DURING THE YEAR BEGINNING JANUARY 1, 1977,
AND
"(E) $2.30 AN HOUR AFTER DECEMBER 31, 1977."
INCREASE IN MINIMUM WAGE RATES FOR EMPLOYEES IN PUERTO RICO AND
THE VIRGIN ISLANDS.
SEC. 5. (A) SECTION 5 IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION: //63 STAT. 911, 29 USC 205.//
"(E) THE PROVISIONS OF THIS SECTION, SECTION 6(C), AND SECTION 8 //63
STAT. 915; 75 STAT. 70. 29 USC 208.// SHALL NOT APPLY WITH RESPECT TO
THE MINIMUM WAGE RATE OF ANY EMPLOYEE EMPLOYED IN PUERTO RICO OR THE
VIRGIN ISLANDS (1) BY THE UNITED STATES OR BY THE GOVERNMENT OF THE
VIRGIN ISLANDS, (2) BY AN ESTABLISHMENT WHICH IS A HOTEL, MOTEL, OR
RESTAURANT, OR (3) BY ANY OTHER RETAIL OR SERVICE ESTABLISHMENT WHICH
EMPLOYS SUCH EMPLOYEE PRIMARILY IN CONNECTION WITH THE PREPARATION OR
OFFERING OF FOOD OR BEVERAGES FOR HUMAN CONSUMPTION, EITHER ON THE
PREMISES, OR BY SUCH SERVICES AS CATERING, BANQUET, BOX LUNCH, OR CURB
OR COUNTER SERVICE, TO THE PUBLIC, TO EMPLOYEES, OR TO MEMBERS OR GUESTS
OF MEMBERS OF CLUBS. THE MINIMUM WAGE RATE OF SUCH AN EMPLOYEE SHALL BE
DETERMINED UNDER THIS ACT IN THE SAME MANNER AS THE MINIMUM WAGE RATE
FOR EMPLOYEES EMPLOYED IN A STATE OF THE UNITED STATES IS DETERMINED
UNDER THIS ACT. AS USED IN THE PRECEDING SENTENCE, THE TERM 'STATE'
DOES NOT INCLUDE A TERRITORY OR POSSESSION OF THE UNITED STATES.".
(B) EFFECTIVE ON THE DATE OF THE ENACTMENT OF THE FAIR LABOR
STANDARDS AMENDMENTS OF 1974, SUBSECTION (C) OF SECTION 6 //80 STAT.
839, 29 USC 206.// IS AMENDED BY STRIKING OUT PARAGRAPHS (2), (3), AND
(4) AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"(2) EXCEPT AS PROVIDED IN PARAGRAPHS (4) AND (5), IN THE CASE OF ANY
EMPLOYEE WHO IS COVERED BY SUCH A WAGE ORDER ON THE DATE OF ENACTMENT OF
THE FAIR LABOR STANDARDS AMENDMENTS OF 1974 AND TO WHOM THE RATE OR
RATES PRESCRIBED BY SUBSECTION (A) OR (B) WOULD OTHERWISE APPLY, THE
WAGE RATE APPLICABLE TO SUCH EMPLOYEE SHALL BE INCREASED AS FOLLOWS:
"(A) EFFECTIVE ON THE EFFECTIVE DATE OF THE FAIR LABOR
STANDARDS AMENDMENTS OF 1974, THE WAGE ORDER RATE APPLICABLE TO
SUCH EMPLOYEE ON THE DAY BEFORE SUCH DATE SHALL--
"(I) IF SUCH RATE IS UNDER $1.40 AN HOUR, BE INCREASED BY $0.12
AN HOUR, AND
"(II) IF SUCH RATE IS $1.40 OR MORE AN HOUR, BE INCREASED BY
$0.15 AN HOUR.
"(B) EFFECTIVE ON THE FIRST DAY OF THE SECOND AND EACH
SUBSEQUENT YEAR AFTER SUCH DATE, THE HIGHEST WAGE ORDER RATE
APPLICABLE TO SUCH EMPLOYEES ON THE DATE BEFORE SUCH FIST DAY
SHALL--
"(I) IF SUCH RATE IS UNDER $1.40 AN HOUR, BE INCREASED BY $0.12
AN HOUR, AND
"(II) IF SUCH RATE IS $1.40 OR MORE AN HOUR, BE INCREASED BY
$0.15 AN HOUR.
IN THE CASE OF ANY EMPLOYEE EMPLOYED IN AGRICULTURE WHO IS COVERED BY A
WAGE ORDER ISSUED BY THE SECRETARY PURSUANT TO THE RECOMMENDATIONS OF A
SPECIAL INDUSTRY COMMITTEE APPOINTED PURSUANT TO SECTION 5, //ANTE, P.
56// TO WHOM THE RATE OR RATES PRESCRIBED BY SUBSECTION (A) (5) WOULD
OTHERWISE APPLY, AND WHOSE HOURLY WAGE IS INCREASED ABOVE THE WAGE RATE
PRESCRIBED BY SUCH WAGE ORDER BY A SUBSIDY (OR INCOME SUPPLEMENT) PAID,
IN WHOLE OR IN PART, BY THE GOVERNMENT OF PUERTO RICO, THE INCREASES
PRESCRIBED BY THIS PARAGRAPH SHALL BE APPLIED TO THE SUM OF THE WAGE
RATE IN EFFECT UNDER SUCH WAGE ORDER AND THE AMOUNT BY WHICH THE
EMPLOYEE'S HOURLY WAGE RATE IS INCREASED BY THE SUBSIDY (OR INCOME
SUPPLEMENT) ABOVE THE WAGE RATE IN EFFECT UNDER SUCH WAGE ORDER.
"(3) IN THE CASE OF ANY EMPLOYEE EMPLOYED IN PUERTO RICO OR THE
VIRGIN ISLANDS TO WHOM THIS SECTION IS MADE APPLICABLE BY THE AMENDMENTS
MADE TO THIS ACT BY THE FAIR LABOR STANDARDS AMENDMENT OF 1974, THE
SECRETARY SHALL, AS SOON AS PRACTICABLE AFTER THE DATE OF ENACTMENT OF
THE FAIR LABOR STANDARDS AMENDMENTS OF 1974, APPOINT A SPECIAL INDUSTRY
COMMITTEE IN ACCORDANCE WITH SECTION 5 TO RECOMMEND THE HIGHEST MINIMUM
WAGE RATE OR RATES, WHICH SHALL BE NOT LESS THAN 60 PER CENTUM OF THE
OTHERWISE APPLICABLE MINIMUM WAGE RATE IN EFFECT UNDER SUBSECTION (B) OR
$1.00 AN HOUR, WHICHEVER IS GREATER, TO BE APPLICABLE TO SUCH EMPLOYEE
IN LIEU OF THE RATE OR RATES PRESCRIBED BY SUBSECTION (B). THE RATE
RECOMMENDED BY THE SPECIAL INDUSTRY COMMITTEE SHALL (A) BE EFFECTIVE
WITH RESPECT TO SUCH EMPLOYEE UPON THE EFFECTIVE DATE OF THE WAGE ORDER
ISSUED PURSUANT TO SUCH RECOMMENDATION, BUT NOT BEFORE SIXTY DAYS AFTER
THE EFFECTIVE DATE OF THE FAIR LABOR STANDARDS AMENDMENTS OF 1974, AND
(B) EXCEPT IN THE CASE OF EMPLOYEES OF THE GOVERNMENT OF PUERTO RICO OR
ANY POLITICAL SUBDIVISION THEREOF, BE INCREASED IN ACCORDANCE WITH
PARAGRAPH (2) (B).
"(4) (A) NOTWITHSTANDING PARAGRAPH (2) (A) OR (3), THE WAGE RATE OF
ANY EMPLOYEE IN PUERTO RICO OR THE VIRGIN ISLANDS WHICH IS SUBJECT TO
PARAGRAPH (2) (A) OR (3) OF THIS SUBSECTION, SHALL, ON THE EFFECTIVE
DATE OF THE WAGE INCREASE UNDER PARAGRAPH (2)(A) OR OF THE WAGE RATE
RECOMMENDED UNDER PARAGRAPH (3), AS THE CASE MAY BE, BE NOT LESS THAN 60
PER CENTUM OF THE OTHERWISE APPLICABLE RATE UNDER SUBSECTION (A) OR (B)
OR $1.00, WHICHEVER IS HIGHER.
"(B) NOTWITHSTANDING PARAGRAPH (2)(B), THE WAGE RATE OF ANY EMPLOYEE
IN PUERTO RICO OR THE VIRGIN ISLANDS WHICH IS SUBJECT TO PARAGRAPH (2)(
B), SHALL, ON AND AFTER THE EFFECTIVE DATE OF THE FIRST WAGE INCREASE
UNDER PARAGRAPH (2)(B), BE NOT LESS THAN 60 PER CENTUM OF THE OTHERWISE
APPLICABLE RATE UNDER SUBSECTION (A) OR (B) OR $1.00, WHICHEVER IS
HIGHER.
"(5) IF THE WAGE RATE OF AN EMPLOYEE IS TO BE INCREASED UNDER THIS
SUBSECTION TO A WAGE RATE WHICH EQUALS OR IS GREATER THAN THE WAGE RATE
UNDER SUBSECTION (A) OR (B) WHICH, BUT FOR PARAGRAPH (1) OF THIS
SUBSECTION, WOULD BE APPLICABLE TO SUCH EMPLOYEE, THIS SUBSECTION SHALL
BE INAPPLICABLE TO SUCH EMPLOYEE AND THE APPLICABLE RATE UNDER SUCH
SUBSECTION SHALL APPLY TO SUCH EMPLOYEE.
"(6) EACH MINIMUM WAGE RATE PRESCRIBED BY OR UNDER PARAGRAPH (2) OR
(3) SHALL BE IN EFFECT UNLESS SUCH MINIMUM WAGE RATE HAS BEEN SUPERSEDED
BY A WAGE ORDER (ISSUED BY THE SECRETARY PURSUANT TO THE RECOMMENDATION
OF A SPECIAL INDUSTRY COMMITTEE CONVENED UNDER SECTION 8) FIXING A
HIGHER MINIMUM WAGE RATE."
(C)(1) THE LAST SENTENCE OF SECTION 8(B) //63 STAT. 915; 69 STAT.
711, 29 USC 208.// IS AMENDED BY STRIKING OUT THE PERIOD AT THE END
THEREOF AND INSERTING IN LIEU THEREOF A SEMICOLON . AND THE FOLLOWING:
"EXCEPT THAT THE COMMITTEE SHALL RECOMMEND TO THE SECRETARY THE MINIMUM
WAGE RATE PRESCRIBED IN SECTION 6(A) OR 6(B), //ANTE, P. 55.// WHICH
WOULD BE APPLICABLE BUT FOR SECTION 6(C), //ANTE, P. 56.// UNLESS THERE
IS SUBSTANTIAL DOCUMENTARY EVIDENCE, INCLUDING PERTINENT UNABRIDGED
PROFIT AND LOSS STATEMENTS AND BALANCE SHEETS FOR A REPRESENTATIVE
PERIOD OF YEARS OR IN THE CASE OF EMPLOYEES OF PUBLIC AGENCIES OTHER
APPROPRIATE INFORMATION, IN THE RECORD WHICH ESTABLISHES THAT THE
INDUSTRY, OR A PREDOMINANT PORTION THEREOF, IS UNABLE TO PAY THAT WAGE."
(2) THE THIRD SENTENCE OF SECTION 10(A) //69 STAT. 712F 72 STAT.
948, 29 USC 210.// IS AMENDED BY INSERTING AFTER "MODIFY" THE FOLLOWING:
"(INCLUDING PROVISION FOR THE PAYMENT OF AN APPROPRIATE MINIMUM WAGE
RATE)".
(D) SECTION 8 //75 STAT. 70.// IS AMENDED (1) BY STRIKING OUR "THE
MINIMUM WAGE PRESCRIBED IN PARAGRAPH (1) OF SECTION 6(A) IN EACH SUCH
INDUSTRY" IN THE FIRST SENTENCE OF SUBSECTION (A) AND INSERTING IN LIEU
THEREOF "THE MINIMUM WAGE RATE WHICH WOULD APPLY IN EACH INDUSTRY UNDER
PARAGRAPH (1) OR (5) OF SECTION 6(A) BUT FOR SECTION 6(C)", (2) BY
STRIKING OUT "THE MINIMUM WAGE RATE PRESCRIBED IN PARAGRAPH (1) OF
SECTION 6(A)" IN THE LAST SENTENCE OF SUBSECTION (A) AND INSERTING IN
LIEU THEREOF "THE OTHERWISE APPLICABLE MINIMUM WAGE RATE IN EFFECT UNDER
PARAGRAPH (1) OR (5) OF SECTION 6(A)", AND (3) BY STRIKING OUT
"PRESCRIBED IN PARAGRAPH (1) OF SECTION 6(A)", IN SUBSECTION (C) AND
INSERTING IN LIEU THEREOF "IN EFFECT UNDER PARAGRAPH (1) OR (5) OF
SECTION 6(A) (AS THE CASE MAY BE)".
FEDERAL AND STATE EMPLOYEES
SEC. 6. (A) (1) SECTION 3(D) IS AMENDED TO READ AS FOLLOWS: /52
STAT. 1060; 80 STAT. 830, 29 USC 203.//
"(D) 'EMPLOYER' INCLUDES ANY PERSON ACTING DIRECTLY OR INDIRECTLY IN
THE INTEREST OF AN EMPLOYER IN RELATION TO AN EMPLOYEE AND INCLUDES A
PUBLIC AGENCY, BUT DOES NOT INCLUDE ANY LABOR ORGANIZATION (OTHER THAN
WHEN ACTING AS AN EMPLOYER) OR ANYONE ACTING IN THE CAPACITY OF OFFICER
OR AGENT OF SUCH LABOR ORGANIZATION."
(2) SECTION 3(E) IS AMENDED TO READ AS FOLLOWS:
"(E)(1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3), THE TERM
'EMPLOYEE' MEANS ANY INDIVIDUAL EMPLOYED BY AN EMPLOYER.
"(2) IN THE CASE OF AN INDIVIDUAL EMPLOYED BY A PUBLIC AGENCY, SUCH
TERM MEANS--,
"(A) ANY INDIVIDUAL EMPLOYED BY THE GOVERNMENT OF THE UNITED
STATES--,
"(I) AS A CIVILIAN IN THE MILITARY DEPARTMENTS (AS DEFINED IN
SECTION 102 OF TITLE 5, UNITED STATES CODE). //80 STAT. 378.//
"(II) IN ANY EXECUTIVE AGENCY (AS DEFINED IN SECTION 105 OF
SUCH TITLE),
"(III) IN ANY UNIT OF THE LEGISLATIVE OR JUDICIAL BRANCH OF THE
GOVERNMENT WHICH HAS POSITIONS IN THE COMPETITIVE SERVICE,
"(IV) IN A NONAPPROPRIATED FUND INSTRUMENTALITY UNDER THE
JURISDICTION OF THE ARMED FORCES, OR
"(V) IN THE LIBRARY OF CONGRESS;
"(B) ANY INDIVIDUAL EMPLOYED BY THE UNITED STATES POSTAL
SERVICE OR THE POSTAL RATE COMMISSION; AND
"(C) ANY INDIVIDUAL EMPLOYED BY A STATE, POLITICAL SUBDIVISION
OF A STATE, OR AN INTERSTATE GOVERNMENTAL AGENCY, OTHER THAN SUCH
AN INDIVIDUAL--,
"(I) WHO IS NOT SUBJECT TO THE CIVIL SERVICE LAWS OF THE STATE,
POLITICAL SUBDIVISION, OR AGENCY WHICH EMPLOYS HIM; AND
"(II) WHO--,
"(I) HOLDS A PUBLIC ELECTIVE OFFICE OF THAT STATE, POLITICAL
SUBDIVISION, OR AGENCY,
"(II) IS SELECTED BY THE HOLDER OF SUCH AN OFFICE TO BE A
MEMBER OF HIS PERSONAL STAFF,
"(III) IS APPOINTED BY SUCH AN OFFICEHOLDER TO SERVE ON A
POLICYMAKING LEVEL, OR
"(IV) WHO IS AN IMMEDIATE ADVISER TO SUCH AN OFFICEHOLDER WITH
RESPECT TO THE CONSTITUTIONAL OR LEGAL POWERS OF HIS OFFICE.
"(3) FOR PURPOSES OF SUBSECTION (U), SUCH TERM DOES NOT INCLUDE ANY
INDIVIDUAL EMPLOYED BY AN EMPLOYER ENGAGED IN AGRICULTURE IF SUCH
INDIVIDUAL IS THE PARENT, SPOUSE, CHILD, OR OTHER MEMBER OF THE
EMPLOYER'S IMMEDIATE FAMILY."
(3) SECTION 3(H) IS AMENDED TO READ AS FOLLOWS: //52 STAT. 1060.//
"(H) 'INDUSTRY' MEANS A TRADE, BUSINESS, INDUSTRY, OR OTHER ACTIVITY, OR
BRANCH OR GROUP THEREOF, IN WHICH INDIVIDUALS ARE GAINFULLY EMPLOYED.".
(4) SECTION 3(R) //75 STAT. 65; 86 STAT. 375.// IS AMENDED BY
INSERTING "OR" AT THE END OF PARAGRAPH (2) AND BY INSERTING AFTER THAT
PARAGRAPH THE FOLLOWING NEW PARAGRAPH:
"(3) IN CONNECTION WITH THE ACTIVITIES OF A PUBLIC AGENCY,".
(5) SECTION 3(S) IS AMENDED-- //80 STAT. 831; 86 STAT. 375.//
(A) BY STRIKING OUT IN THE MATTER PRECEDING PARAGRAPH (1)
"INCLUDING EMPLOYEES HANDLING, SELLING, OR OTHERWISE WORKING ON
GOODS" AND INSERTING IN LIEU THEREOF "EMPLOYEES HANDLING, SELLING,
OR OTHERWISE WORKING ON GOODS OR MATERIALS",
(B) BY STRIKING OUT "OR" AT THE END OF PARAGRAPH (3), //80
STAT. 831, 26 USC 203.//
(C) BY STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (4) AND
INSERTING IN LIEU THEREOF "; OR",
(D) BY ADDING AFTER PARAGRAPH (4) THE FOLLOWING NEW PARAGRAPH:
(5) IS AN ACTIVITY OF A PUBLIC AGENCY.", AND
(E) BY ADDING AFTER THE LAST SENTENCE THE FOLLOWING NEW
SENTENCE: "THE EMPLOYEES OF AN ENTERPRISE WHICH IS A PUBLIC
AGENCY SHALL FOR PURPOSES OF THIS SUBSECTION BE DEEMED TO BE
EMPLOYEES ENGAGED IN COMMERCE, OR IN THE PRODUCTION OF GOODS FOR
COMMERCE, OR EMPLOYEES HANDLING, SELLING, OR OTHERWISE WORKING ON
GOODS OR MATERIALS THAT HAVE BEEN MOVED IN OR PRODUCED FOR
COMMERCE.".
(6) SECTION 3 IS AMENDED BY ADDING AFTER SUBSECTION (W) THE
FOLLOWING: //52 STAT. 1060; 80 STAT. 832.//
"NX) 'PUBLIC AGENCY' MEANS THE GOVERNMENT OF THE UNITED STATES; THE
GOVERNMENT OF A STATE OR POLITICAL SUBDIVISION THEREOF; ANY AGENCY OF
THE UNITED STATES (INCLUDING THE UNITED STATES POSTAL SERVICE AND POSTAL
RATE COMMISSION), A STATE, OR A POLITICAL SUBDIVISION OF A STATE; OR
ANY INTERSTATE GOVERNMENTAL AGENCY.".
(B) SECTION 4 //75 STAT. 66, 29 USC 204.// IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(F) THE SECRETARY IS AUTHORIZED TO ENTER INTO AN AGREEMENT WITH THE
LIBRARIAN OF CONGRESS WITH RESPECT TO INDIVIDUALS EMPLOYED IN THE
LIBRARY OF CONGRESS TO PROVIDE FOR THE CARRYING OUT OF THE SECRETARY'S
FUNCTIONS UNDER THIS ACT WITH RESPECT TO SUCH INDIVIDUALS.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, OR ANY OTHER LAW, THE
CIVIL SERVICE COMMISSION IS AUTHORIZED TO ADMINISTER THE PROVISIONS OF
THIS ACT WITH RESPECT TO ANY INDIVIDUAL EMPLOYED BY THE UNITED STATES
(OTHER THAN AN INDIVIDUAL EMPLOYED IN THE LIBRARY OF CONGRESS, UNITED
STATES POSTAL SERVICE, POSTAL RATE COMMISSION, OR THE TENNESSEE VALLEY
AUTHORITY). NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO AFFECT THE
RIGHT OF AN EMPLOYEE TO BRING AN ACTION FOR UNPAID MINIMUM WAGES, OR
UNPAID OVERTIME COMPENSATION, AND LIQUIDATED DAMAGES UNDER SECTION 16(B)
OF THIS ACT.". //29 USC 216.//
(C)(1)(A) EFFECTIVE JANUARY 1, 1975, SECTION 7 IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING NEW SUBSECTION: //52 STAT. 1063; 80
STAT. 842, 29 USC 207.//
"(K) NO PUBLIC AGENCY SHALL BE DEEMED TO HAVE VIOLATED SUBSECTION (A)
WITH RESPECT TO THE EMPLOYMENT OF ANY EMPLOYEE IN FIRE PROTECTION
ACTIVITIES OR ANY EMPLOYEE IN LAW ENFORCEMENT ACTIVITIES (INCLUDING
SECURITY PERSONNEL IN CORRECTIONAL INSTITUTIONS) IF--
"(1) IN A WORK PERIOD OF 28 CONSECUTIVE DAYS THE EMPLOYEE
RECEIVES FOR TOURS OF DUTY WHICH IN THE AGGREGATE EXCEED 240
HOURS; OR
"(2) IN THE CASE OF SUCH AN EMPLOYEE TO WHOM A WORK PERIOD OF
AT LEAST 7 BUT LESS THAN 28 DAYS APPLIES, IN HIS WORK PERIOD THE
EMPLOYEE RECEIVES FOR TOURS OF DUTY WHICH IN THE AGGREGATE EXCEED
A NUMBER OF HOURS WHICH BEARS THE SAME RATIO TO THE NUMBER OF
CONSECUTIVE DAYS IN HIS WORK PERIOD AS 240 HOURS BEARS TO 28 DAYS,
COMPENSATION AT A RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE REGULAR
RATE AT WHICH HE IS EMPLOYED."
(B) EFFECTIVE JANUARY 1, 1976, SECTION 7(K) IS AMENDED BY STRIKING
OUT "240 HOURS" EACH PLACE IT OCCURS AND INSERTING IN LIEU THEREOF "232
HOURS".
(C) EFFECTIVE JANUARY 1, 1977, SUCH SECTION IS AMENDED BY STRIKING
OUT "232 HOURS" EACH PLACE IT OCCURS AND INSERTING IN LIEU THEREOF "216
HOURS".
(D) EFFECTIVE JANUARY 1, 1978, SUCH SECTION IS AMENDED-- //ANTE, P.
60.//
(I) BY STRIKING OUT "EXCEED 216 HOURS" IN PARAGRAPH (1) AND
INSERTING IN LIEU THEREOF "EXCEED THE LESSER OF (A) 216 HOURS, OR
(B) THE AVERAGE NUMBER OF HOURS (AS DETERMINED BY THE SECRETARY
PURSUANT TO SECTION 6(C)(3) OF THE FAIR LABOR STANDARDS AMENDMENTS
OF 1974) IN TOURS OF DUTY OF EMPLOYEES ENGAGED IN SUCH ACTIVITIES
IN WORK PERIODS OF 28 CONSECUTIVE DAYS IN CALENDAR YEAR 1975";
AND
(II) BY STRIKING OUT "AS 216 HOURS BEARS TO 28 DAYS" IN
PARAGRAPH (2) AND INSERTING IN LIEU THEREOF "AS 216 HOURS (OR IF
LOWER, THE NUMBER OF HOURS REFERRED TO IN CLAUSE (B) OF PARAGRAPH
(1) BEARS TO 28 DAYS".
(2)(A) SECTION 13(B) //75 STAT. 71; 80 STAT. 837. 29 USC 213.// IS
AMENDED BY STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (19) AND
INSERTING IN LIEU THEREOF"; OR" AND BY ADDING AFTER THAT PARAGRAPH THE
FOLLOWING NEW PARAGRAPH:
L"(20) ANY EMPLOYEE OF A PUBLIC AGENCY WHO IS EMPLOYED IN FIRE
PROTECTION OR LAW ENFORCEMENT ACTIVITIES (INCLUDING SECURITY
PERSONNEL IN CORRECTIONAL INSTITUTIONS);".
(B) EFFECTIVE JANUARY 1, 1975, SECTION 13(B)(20) IS AMENDED TO READ
AS FOLLOWS:
"(20) ANY EMPLOYEE OF A PUBLIC AGENCY WHO IN ANY WORKWEEK IS
EMPLOYED IN FIRE PROTECTION ACTIVITIES OR ANY EMPLOYEE OF A PUBLIC
AGENCY WHO IN ANY WORKWEEK IS EMPLOYED IN LAW ENFORCEMENT
ACTIVITIES (INCLUDING SECURITY PERSONNEL IN CORRECTIONAL
INSTITUTIONS), IF THE PUBLIC AGENCY EMPLOYS DURING THE WORKWEEK
LESS THAN 5 EMPLOYEES IN FIRE PROTECTION OR LAW ENFORCEMENT
ACITVITIES, AS THE CASE MAY BE; OR".
(3) THE SECRETARY OF LABOR SHALL IN THE CALENDAR YEAR BEGINNING
JANUARY 1, 1976, CONDUCT (A) A STUDY OF THE AVERAGE NUMBER OF HOURS IN
TOURS OF DUTY IN WORK PERIODS IN THE PRECEDING CALENDAR YEAR OF
EMPLOYEES (OTHER THAN EMPLOYEES EXEMPT FROM SECTION 7 OF THE FAIR LABOR
STANDARDS ACT OF 1938 BY SECTION 13(B)(20) OF SUCH ACT) OF PUBLIC
AGENCIES WHO ARE EMPLOYED IN FIRE PROTECTION ACTIVITIES, AND (B) A STUDY
OF THE AVERAGE NUMBER OF HOURS IN TOURS OF DUTY IN WORK PERIODS IN THE
PRECEDING CALENDAR YEAR OF EMPLOYEES (OTHER THAN EMPLOYEES EXEMPT FROM
SECTION 7 OF THE FAIR LABOR STANDARDS ACT OF 1938 BY SECTION 13(B)(20)
OF SUCH ACT) OF PUBLIC AGENCIES WHO ARE EMPLOYED IN LAW ENFORCEMENT
ACTIVITIES (INCLUDING SECURITY PERSONNEL IN CORRECTIONAL INSTITUTIONS).
THE SECRETARY SHALL PUBLISH THE RESULTS OF EACH SUCH STUDY IN THE
FEDERAL REGISTER. //29 USC 213 NOTE.//
(D)(1) THE SECOND SENTENCE OF SECTION 16(B) //52 STAT. 1069; 75
STAT. 74, 29 USC 216.// IS AMENDED TO READ AS FOLLOWS: "ACTION TO
RECOVER SUCH LIABILITY MAY BE MAINTAINED AGAINST ANY EMPLOYER (INCLUDING
A PUBLIC AGENCY) IN ANY FEDERAL OR STATE COURT OF COMPETENT JURISDICTION
BY ANY ONE OR MORE EMPLOYEES FOR AND IN BEHALF OF HIMSELF OR THEMSELVES
AND OTHER EMPLOYEES SIMILARLY SITUATED.".
(2)(A) SECTION 6 OF THE PORTAL-TO-PORTAL PAY ACT OF 1947 //61 STAT.
87, 29 USC 255.// IS AMENDED BY STRIKING OUT THE PERIOD AT THE END OF
PARAGRAPH (C) AND BY INSERTING IN LIEU THEREOF A SEMICOLON AND BY ADDING
AFTER SUCH PARAGRAPH THE FOLLOWING:
"(D) WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER SECTION
16(B) OF THE FAIR LABOR STANDARDS ACT OF 1938 AGAINST A STATE OR A
POLITICAL SUBDIVISION OF A STATE IN A DISTRICT COURT OF THE UNITED
STATES ON OR BEFORE APRIL 18, 1973, THE RUNNING OF THE STATUTORY
PERIODS OF LIMITATION SHALL BE DEEMED SUSPENDED DURING THE PERIOD
BEGINNING WITH THE COMMENCEMENT OF ANY SUCH ACTION AND ENDING ONE
HUNDRED AND EIGHTY DAYS AFTER THE EFFECTIVE DATE OF THE FAIR LABOR
STANDARDS AMENDMENTS OF 1974, EXCEPT THAT SUCH SUSPENSION SHALL
NOT BE APPLICABLE IF IN SUCH ACTION JUDGMENT HAS BEEN ENTERED FOR
THE DEFENDANT ON THE GROUNDS OTHER THAN STATE IMMUNITY FROM
FEDERAL JURISDICTION.".
(B) SECTION 11 OF SUCH ACT //61 STAT. 89, 29 USC 260.// IS AMENDED BY
STRIKING OUT "(B)" AFTER "SECTION 16".
DOMESTIC SERVICE WORKERS
SEC. 7. (A) SECTION 2(A) //52 STAT. 1060; 63 STAT. 910. 29 USC
202.// IS AMENDED BY INSERTING AT THE END THE FOLLOWING NEW SENTANCE:
"THAT CONGRESS FURTHER FINDS THAT THE EMPLOYMENT OF PERSONS IN DOMESTIC
SERVICE IN HOUSEHOLDS AFFECTS COMMERCE."
(B)(1) SECTION 6 //80 STAT. 841. 29 USC 206.// IS AMENDED BY ADDING
AFTER SUBSECTION (E) THE FOLLOWING NEW SUBSECTION:
"(F) ANY EMPLOYEE--,
"(1) WHO IN ANY WORKWEEK IS EMPLOYED IN DOMESTIC SERVICE IN A
HOUSEHOLD SHALL BE PAID WAGES AT A RATE NOT LESS THAN THE WAGE
RATE IN EFFECT UNDER SECTION 6(B) UNLESS SUCH EMPLOYEE'S
CONPENSATION FOR SUCH SERVICE WOULD NOT BECAUSE OF SECTION 209(G)
OF THE SOCIAL SECURITY ACT CONSTITUTE WAGES FOR THE PURPOSES OF
TITLE II OF SUCH ACT, OR //64 STAT. 492; 68 STAT. 1078, 42 USC
409.//
"(2) WHO IN ANY WORKWEEK--,
"(A) IS EMPLOYED IN DOMESTIC SERVICE IN ONE OR MORE HOUSEHOLDS,
AND
"(B) IS SO EMPLOYED FOR MORE THAN 8 HOURS IN THE AGGREGATE,
SHALL BE PAID WAGES FOR SUCH EMPLOYMENT IN SUCH WORKWEEK AT A RATE
NOT LESS THAN THE WAGE RATE IN EFFECT UNDER SECTION 6(B)." //ANTE,
P. 55.//
(2) SECTION 7 IS AMENDED BY ADDING AFTER THE SUBSECTION ADDED BY
SECTION 6(C) OF THIS ACT THE FOLLOWING NEW SUBSECTION: //ANTE. P. 60.//
"(1) NO EMPLOYER SHALL EMPLOY ANY EMPLOYEE IN DOMESTIC SERVICE IN ONE
OR MORE HOUSEHOLDS FOR A WORKWEEK LONGER THAN FORTY HOURS UNLESS SUCH
EMPLOYEE RECEIVES COMPENSATION FOR SUCH EMPLOYMENT IN ACCORDANCE WITH
SUBSECTION (A)."
(3) SECTION 13(A) //72 STAT. 71; 80 STAT. 838, 29 USC 213.// IS
AMENDED BY ADDING AT THE END THE FOLLOWING NEW PARAGRPAPH:
"(15) ANY EMPLOY EMPLOYED ON A CASUAL BASIS IN DOMESTIC SERVICE
EMPLOYMENT TO PROVIDE BABYSITTING SERVICES OR ANY EMPLOYEE
EMPLOYED IN DOMESTIC SERVICE EMPLOYMENT TO PROVIDE COMPANIONSHIP
SERVICES FOR INDIVIDUALS WHO (BECAUSE OF AGE OR INFIRMITY) ARE
UNABLE TO CARE FOR THEMSELVES (AS SUCH TERMS ARE DEFINED AND
DELIMITED BY REGULATIONS OF THE SECRETARY)."
(4) SECTION 13(B) IS AMENDED BY ADDING AFTER THE PARAGRAPH ADDED BY
SECTION 6(C) THE FOLLOWING NEW PARAGRAPH: //ANTE, P. 61.//
"(21) ANY EMPLOYEE WHO IS EMPLOYED IN DOMESTIC SERVICE IN A
HOUSEHOLD AND WHO RESIDES IN SUCH HOUSEHOLD; OR".
RETAIL AND SERVICE ESTABLISHMENTS
SEC. 8. (A) EFFECTIVE JANUARY 1, 1975, SECTION 13(A)(2) //80 STAT.
833.// (RELATING TO EMPLOYEES OF RETAIL AND SERVICE ESTABLISHMENTS) IS
AMENDED BY STRIKING OUT "$250,000" AND INSERTING IN LIEU THEREOF
"$225,000.
(B) EFFECTIVE JANUARY 1, 1976, SUCH SECTION IS AMENDED BY STRIKING
OUT "$225,000" AND INSERTING IN LIEU THEREOF "$200,000".
(C) EFFECTIVE JANUARY 1, 1977, SUCH SECTION IS AMENDED BY STRIKING
OUT "OR SUCH ESTABLISHMENT HAS AN ANNUAL DOLLAR VOLUME OF SALES WHICH IS
LESS THAN $200,000 (EXCLUSIVE OF EXCISE TAXES AT THE RETAIL LEVEL WHICH
ARE SEPARATELY STATED)".
TOBACCO EMPLOYEES
SEC. 9. (A) SECTION 7 IS AMENDED BY ADDING AFTER THE SUBSECTION
ADDED BY SECTION ((B)(2) OF THIS ACT THE FOLLOWING:
"(M) FOR A PERIOD OR PERIODS OF NOT MORE THAN FOURTEEN WORKWEEKS IN
THE AGGREGATE IN ANY CALENDAR YEAR, ANY EMPLOYER MAY EMPLOY ANY EMPLOYEE
FOR A WORKWEEK IN EXCESS OF THAT SPECIFIED IN SUBSECTION (A) WITHOUT
PAYING THE COMPENSATION FOR OVERTIME EMPLOYMENT PRESCRIBED IN SUCH
SUBSECTION, IF SUCH EMPLOYEE--,
"(1) IS EMPLOYED BY SUCH EMPLOYER--,
"(A) TO PROVIDE SERVICES (INCLUDING STRIPPING AND GRADING)
NECESSARY AND INCIDENTAL TO THE SALE AT AUCTION OF GREEN LEAF
TOBACCO OF THPE 11, 12, 13, 14, 21, 22, 23, 24, 31, 35, 36, OR 37
(AS SUCH TYPES ARE DIFINED BY THE SECRETARY OF AGRICULTURE), OR IN
AUCTION SALE, BUYING, HANDLING, STEMMING, REDRYING, PACKING, AND
STORING OF SUCH TOBACCO,
"(B) IN AUCTION SALE, BUYING, HANDLING, STRIPPING, SORTING,
GRADING, SIZING, PACKING, OR STEMMING PRIOR TO PACKING, OF
PERISHABLE CIGAR LEAF TOBACCO OF TYPE 41, 42, 43, 44, 45, 46, 51,
52, 53, 54, 55, 61, OR 62 (AS SUCH TYPES ARE DEFINED BY THE
SECRETARY OF AGRICULTURE); AND
"(2) RECEIVES FOR--,
"(A) SUCH EMPLOYMENT BY SUCH EMPLOYER WHICH IS IN EXCESS OF TEN
HOURS IN ANY WORKDAY, AND
"(B) SUCH EMPLOYMENT BY SUCH EMPLOYER WHICH IS IN EXCESS OF
FORTY-EIGHT HOURS IN ANY WORKWEEK, COMPENSATION AT A RATE NOT LESS
THAN ONE AND ONE-HALF TIMES THE REGULAR RATE AT WHICH HE IS
EMPLOYED.
AN EMPLOYER WHO RECEIVES AN EXEMPTION UNDER THIS SUBSECTION SHALL NOT BE
ELIGIBLE FOR ANY OTHER EXEMPTION UNDER THIS SECTION.".
(B)(1) SECTION 13(A) (14) IS REPEALED. //75 STAT. 71; 80 STAT.
838. 29 USC 213.//
(2) SECTION 13(B) IS AMENDED BY ADDING AFTER THE PARAGRAPH ADDED BY
SECTION 7(B)(4) OF THIS ACT //ANTE. P. 62.// THE FOLLOWING NEW
PARAGRAPH:
"(22) ANY AGRICULTURAL EMPLOYEE EMPLOYED IN THE GROWING AND
HARVESTING OF SHADE-GROWN TOBACCO WHO IS ENGAGED IN THE PROCESSING
(INCLUDING, BUT NOT LIMITED TO, DRYING, CURING, FERMENTING, BULKING,
REBULKING, SORTING, GRADING, AGING, AND BALING) OF SUCH TOBACCO, PRIOR
TO THE STEMMING PROCESS, FOR USE AS CIGAR WRAPPER TOBACCO; OR".
TELEGRAPH AGENCY EMPLOYEES
SEC 10. (A) SECTION 13(A)(11) (RELATING TO TELEGRAPH AGENCY
EMPLOYEES) IS REPEALED.
(B)(1) SECTION 13(B) IS AMENDED BY ADDING AFTER THE PARAGRAPH ADDED
BY SECTION 9(B)(2) OF THIS ACT THE FOLLOWING NEW PARAGRAPH:
"(23) ANY EMPLOYEE OR PROPRIETOR IN A RETAIL OR SERVICE
ESTABLISHMENT WHICH QUALIFIES AS AN EXEMPT RETAIL OR SERVICE
ESTABLISHMENT UNDER PARAGRAPH (2) OF SUBSECTION (A) WITH RESPECT
TO WHOM THE PROVISIONS OF SECTIONS 6 AND 7 //ANTE, PP. 55, 90.//
WOULD NOT OTHERWISE APPLY, WHO IS ENGAGED IN HANDLING TELEGRAPHIC
MESSAGES FOR THE PUBLIC UNDER AN AGNCY OR CONTRACT ARRANGEMENT
WITH A TELEGRAPH COMPANY WHERE THE TELEGRAPH MESSAGE REVENUE OF
SUCH AGENCY DOES NOT EXCEED $500 A MONTH, AND WHO RECEIVES
COMPENSATION FOR EMPLOYMENT IN EXCESS OF FORTY-EIGHT HOURS IN ANY
WORKWEEK AT A RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE
REGULAR RATE AT WHICH HE IS EMPLOYED; OR".
(2) EFFECTIVE ONE YEAR AFTER THE EFFECTIVE DATE OF THE FAIR LABOR
STANDARDS AMENDMENTS OF 1974, SECTION 13(B)(23) IS AMENDED BY STRIKING
OUT "FORTY-EIGHT HOURS" AND INSERTING IN LIEU THEREOF "FORTY-FOUR
HOURS".
(3) EFFECTIVE TWO YEARS AFTER SUCH DATE, SECTION 13(B)(23) IS
REPEALED. //ANTE, P. 63.//
SEAFOOD CANNING AND PROCESSING EMPLOYEES
SEC. 11. (A) SECTION 13(B)(4) //75 STAT. 71, 29 USC 213.// (RELATING
TO FISH AND SEAFOOD PROCESSING EMPLOYEES) IS AMENDED BY INSERTING "WHO
IS" AFTER "EMPLOYEE", AND BY INSERTING BEFORE THE SEMICOLON THE
FOLLOWING: ", AND WHO RECEIVES COMPENSATION FOR EMPLOYMENT IN EXCESS OF
FORTY-EIGHT HOURS IN ANY WORKWEEK AT A RATE NOT LESS THAN ONE AND
ONE-HALF TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED".
(B) EFFECTIVE ONE YEAR AFTER THE EFFECTIVE DATE OF THE FAIR LABOR
STANDARDS AMENDMENTS OF 1974, SECTION 13(B)(4) IS AMENDED BY STRIKING
OUT "FORTH-EIGHT HOURS" AND INSERTING IN LIEU THEREOF "FORTY-FOUR
HOURS".
(C) EFFECTIVE TWO YEARS AFTER SUCH DATE, SECTION 13(B)(4) IS
REPEALED.
NURSING HOME EMPLOYEES
SEC. 12. (A) SECTION 13(B)(8) //80 STAT. 833.// (INSOFAR AS IT
RELATED TO NURSING HOME EMPLOYEES) IS AMENDED BY STRIKING OUT "ANY
EMPLOYEE WHO (A) IS EMPLOYED BY AN ESTABLISHMENT WHICH IS AN INSTITUTION
(OTHER THAN A HOSPITAL) PRIMARILY ENGAGED IN THE CARE OF THE SICK, THE
AGED, OR THE MENTALLY ILL OR DEFECTIVE WHO RESIDE ON THE PREMISES" AND
THE REMAINDER OF THAT PARAGRAPH.
(B) SECTION 7(J) //80 STAT. 842, 29 USC 207.// IS AMENDED BY
INSERTING AFTER "A HOSPITAL" THE FOLLOWING: "OR AN ESTABLISHMENT WHICH
IS AN INSTITUTION PRIMARILY ENGAGED IN THE CARE OF THE SICK, THE AGED,
OR THE MENTALLY ILL OR DEFECTIVE WHO RESIDE ON THE PREMISES".
HOTEL, MOTEL, AND RESTAURANT EMPLOYEES AND TIPPED EMPLOYEES
SEC. 139 (A) SECTION 13(B)(8) (INSOFAR AS IT RELATES TO HOTEL, MOTEL,
AND RESTAURANT EMPLOYEES) (AS AMENDED BY SECTION 12) IS AMENDED (1) BY
STRIKING OUT "ANY EMPLOYEE" AND INSERTING IN LIEU THEREOF "(A) ANY
EMPLOYEE (OTHER THAN AN EMPLOYEE OF A HOTEL OR MOTEL WHO PERFORMS MAID
OR CUSTODIAL SERVICES) WHO IS", (2) BY INSERTING BEFORE THE SEMICOLON
THE FOLLOWING: "AND WHO RECEIVES COMPENSATION FOR EMPLOYMENT IN EXCESS
OF FORTY-EIGHT HOURS IN ANY WORKWEEK AT A RATE NOT LESS THAN ONE AND
ONE-HALF TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED", AND (3) BY
ADDING AFTER SUCH SECTION THE FOLLOWING:
"(B) ANY EMPLOYEE OF A HOTEL OR MOTEL WHO PERFORMS MAID OR
CUSTODIAL SERVICES AND WHO RECEIVES COMPENSATION FOR EMPLOYMENT IN
EXCESS OF FORTY-EIGHT HOURS IN ANY WORKWEEK AT A RATE NOT LESS
THAN ONE AND ONE-HALF TIMES THE REGULAR RATE AT WHICH HE IS
EMPLOYED; OR.
(B) EFFECTIVE ONE YAR AFTERTHE EFFECTIVE DATE OF THE FAIR LABOR
STANDARDS AMENDMENTS OF 1974, SUBPARAGRAPHS (A) AND (B) OF SECTION 13(
B)(8) ARE EACH AMENDED BY STRIKING OUT "FORTY-EIGHT HOURS" AND INSERTING
IN LIEU THEREOF "FORTY-SIX HOURS".
(C) EFFECTIVE TWO YEARS AFTER SUCH DATE, SUBPARAGRAPH (B) OF SECTION
13(B)(8) IS AMENDED BY STRIKING OUT "FORTY-SIX HOURS" AND INSERTING IN
LIEU THEREOF "FORTY-FOUR HOURS".
(D) EFFECTIVE THREE YEARS AFTER SUCH DATE, SUBPARAGRAPH (B) OF
SECTION 13(B) (8) IS REPEALED AND SUCH SECTION IS AMENDED BY STRIKING
OUT "(A)".
(E) THE LAST SENTENCE OF SECTION 3(M) //80 STAT. 830, 29 USC 203.//
IS AMENDED TO READ AS FOLLOWS: "IN DETERMINING THE WAGE OF A TIPPED
EMPLOYEE, THE AMOUNT PAID SUCH EMPLOYEE BY HIS EMPLOYER SHALL BE DEEMED
TO BE INCREASED ON ACCOUNT OF TIPS BY AN AMOUNT DETERMINED BY THE
EMPLOYER, BUT NOT BY AN AMOUNT IN EXCESS OF 50 PER CENTUM OF THE
APPLICABLE MINIMUM WAGE RATE, EXCEPT THAT THE AMOUNT OF THE INCREASE ON
ACCOUNT OF TIPS DETERMINED BY THE EMPLOYER MAY NOT EXCEED THE VALUE OF
TIPS ACTUALLY RECEIVED BY THE EMPLOYEE. THE PREVIOUS SENTENCE SHALL NOT
APPLY WITH RESPECT TO ANY TIPPED EMPLOYEE UNLESS (1) SUCH EMPLOYEE HAS
BEEN INFORMED BY THE EMPLOYER OF THE PROVISIONS OF THIS SUBSECTION, AND
(2) ALL TIPS RECEIVED BY SUCH EMPLOYEE HAVE BEEN RETAINED BY THE
EMPLOYEE, EXCEPT THAT THIS SUBSECTION SHALL NOT BE CONSTRUED TO PROHIBIT
THE POOLING OF TIPS AMONG EMPLOYEES WHO CUSTOMARILY AND REGULARLY
RECEIVE TIPS.".
SALESMEN, PARTSMEN, AND MECHANICS
SEC. 14. SECTION 13(B)(10) //80 STAT. 836, 29 USC 213.// (RELATING
TO SALESMEN, PARTSMEN, AND MECHANICS) IS AMENDED TO READ AS FOLLOWS:
"(10)(A) ANY SALESMEN, PARTSMAN, OR MECHANIC PRIMARILY ENGAGED
IN SELLING OR SERVICING AUTOMOBILES, TRUCKS, OR FARM IMPLEMENTS,
IF HE IS EMPLOYED BY A NONMANUFACTURING ESTABLISHMENT PRIMARILY
ENGAGED IN THE BUSINESS OF SELLING SUCH VEHICLES OR IMPLEMENTS TO
ULTIMATE PURCHASERS; OR
"(B) ANY SALESMAN PRIMARILY ENGAGED IN SELLING TRAILERS, BOATS,
OR AIRCRAFT, IF HE IS EMPLOYED BY A NONMANUFACTURING ESTABLISHMENT
PRIMARILY ENGAGED IN THE BUSINESS OF SELLING TRAILERS, BOATS, OR
AIRCRAFT TO ULTIMATE PURCHASERS; OR".
FOOD SERVICE ESTABLISHMENT EMPLOYEES
SEC. 15. (A) SECTION 13(B)(8) (RELATING TO FOOD SERVICE AND CATERING
EMPLOYEES) IS AMENDED BY INSERTING IMMEDIATELY BEFORE THE SEMICOLON THE
FOLLOWING: "AND WHO RECEIVES COMPENSATION FOR EMPLOYMENT IN EXCESS OF
FORTY-EIGHT HOURS IN ANY WORKWEEK AT A RATE NOT LESS THAN ONE AND
ONE-HALF TIMES THE REGULAR RATE AT WHICH HE IS EMPLOYED".
(B) EFFECTIVE ONE YEAR AFTER THE EFFECTIVE DATE OF THE FAIR LABOR
STANDARDS AMENDMENTS OF 1974, SUCH SECTION IS AMENDED BY STRIKING OUT
"FORTY-EIGHT HOURS" AND INSERTING IN LIEU THEREOF "FORTY-FOUR HOURS".
(C) EFFECTIVE TWO YEARS AFTER SUCH DATE, SUCH SECTION IS REPEALED.
BOWLING EMPLOYEES
SEC. 16. (A) EFFECTIVE ONE YEAR AFTER TEH EFFECTIVE DATE OF THE FAIR
LABOR STANDARDS AMENDMENTS OF 1974, SECTION 13(B)(19) (RELATING TO
EMPLOYEES OF BOWLING ESTABLISHMENTS) IS AMENDED BY STRIKING OUT
"FORTY-EIGHT HOURS" AND INSERTING IN LIEU THEREOF "FORTY-FOUR HOURS".
(B) EFFECTIVE TWO YEARS AFTER SUCH DATE, SUCH SECTION IS REPEALED.
SUBSTITUTE PARENTS FOR INSTITUTIONALIZED CHILDREN
SEC. 17. SECTION 13(B) //ANTE, P. 63.// IS AMENDED BY INSERTING
AFTER THE PARAGRAPH ADDED BY SECTION 10(B)(1) OF THIS ACT THE FOLLOWING
NEW PARAGRAPH:
"(24) ANY EMPLOYEE WHO IS EMPLOYED WITH HIS SPOUSE BY A
NON-PROFIT EDUCATIONAL INSTITUTION TO SERVE AS THE PARENTS OF
CHILDREN--,
"(A) WHO ARE ORPHANS OR ONE OF WHOSE NATURAL PARENTS IS
DECEASED, OR
"(B) WHO ARE ENROLLED IN SUCH INSTITUTION AND RESIDE IN
RESIDENTIAL FACILITIES OF THE INSTITUTION, SHILE SUCH CHILDREN ARE
IN RESIDENCE AT SUCH INSTITUTION, IF SUCH EMPLOYEE AND HIS SPOUSE
RESIDE IN SUCH FACILITIES, RECEIVE, WITHOUT COST, BOARD AND
LODGING FROM SUCH INSTITUTION, AND ARE TOGETHER COMPENSATED, ON A
CASH BASIS, AT AN ANNUAL RATE OF NOT LESS THAN $10,000; OR".
EMPLOYEES OF CONGLOMERATES
SEC. 18. SECTION 13 //52 STAT. 1067; 71 STAT. 514, 29 USC 213.// IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
"(G) THE EXEMPTION FROM SECTION 6 PROVIDED BY PARAGRAPHS (2) AND (6)
OF SUBSECTION (A) OF THIS SECTION //ANTE, P. 55.// SHALL NOT APPLY WITH
RESPECT TO ANY EMPLOYEE EMPLOYED BY AN ESTABLISHMENT (1) WHICH CONTROLS,
IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH, ANOTHER ESTABLISHMENT
THE ACTIVITIES OF WHICH ARE NOT RELATED FOR A COMMON BUSINESS PURPOSE
TO, BUT MATERIALLY SUPPORT THE ACTIVITIES OF THE ESTABLISHMENT EMPLOYING
SUCH EMPLOYEE; AND (2) WHOSE ANNUAL GROSS VOLUME OF SALES MADE OR
BUSINESS DONE, WHEN COMBINED WITH THE ANNUAL GROSS VOLUME OF SALES MADE
OR BUSINESS DONE BY EACH ESTABLISHMENT WHICH CONTROLS, IS CONTROLLED BY,
OR IS UNDER COMMON CONTROL WITH, THE ESTABLISHMENT EMPLOYING SUCH
EMPLOYEE, EXCEEDS $10,000,000 (EXCLUSIVE OF EXCISE TAXES AT THE RETAIL
LEVEL WHICH ARE SEPARATELY STATED), EXCEPT THAT THE EXEMPTION FROM
SECTION 6 PROVIDED BY PARAGRAPH (2) OF SUBSECTION (A) OF THIS SECTION
SHALL APPLY WITH RESPECT TO ANY ESTABLISHMENT DESCRIBED IN THIS
SUBSECTION WHICH HAS AN ANNUAL DOLLAR VOLUME OF SALES WHICH WOULD PERMIT
IT TO QUALIFY FOR THE EXEMPTION PROVIDED IN PARAGRAPH (2) OF SUBSECTION
(A) IF IT WERE IN AN ENTERPRISE DESCRIBED IN SECTION 3(S).".
SEASONAL INDUSTRY EMPLOYEES
SEC. 19. (A) SECTION 7(C) AND 7(D) ARE EACH AMENDED-- //80 STAT.
835, 29 USC 207.//
(1) BY STRIKING OUT "TEN WORKWEEKS" AND INSERTING IN LIEU
THEREOF "SEVEN WORKWEEKS", AND
(2) BY STRIKING OUT "FOURTEEN WORKWEEKS" AND INSERTING IN LIEU
THEREOF "TEN WORKWEEKS".
(B) SECTION 7(C) IS AMENDED BY STRIKING OUT "FIFTY HOURS" AND
INSERTING IN LIEU THEREOF "FORTY-EIGHT HOURS".
(C) EFFECTIVE JANUARY 1, 1975, SECTIONS 7(C) AND 7(D) ARE EACH
AMENDED--,
(1) BY STRIKING OUT "SEVEN WORKWEEKS" AND INSERTING IN LIEU
THEREOF "FIVE WORKWEEKS", AND
(2) BY STRIKING OUT "TEN WORKWEEKS" AND INSERTING IN LIEU
THEREOF "SEVEN WORKWEEKS".
(D) EFFECTIVE JANUARY 1, 1976, SECTIONS 7(C) AND 7(D) ARE EACH
AMENDED--,
(1) BY STRIKING OUT "FIVE WORKWEEKS" AND INSERTING IN LIEU
THEREOF "THREE WORKWEEKS", AND
(2) BY STRIKING OUT "SEVEN WORKWEEKS" AND INSERTING IN LIEU
THEREOF "FIVE WORKWEEKS".
(E) EFFECTIVE DECEMBER 31, 1976, SECTIONS 7(C) AND 7(D) ARE REPEALED.
COTTON GINNING AND SUGAR PROCESSING EMPLOYEES
SEC. 20. (A) SECTION 13(B)(15) IS AMENDED TO READ AS FOLLOWS: //80
STAT. 835.//
"(15) ANY EMPLOYEE ENGAGED IN THE PROCESSING OF MAPLE SAP INTL
SUGAR (OTHER THAN REFINED SUGAR) OR SYRUP; OR".
(B)(1) SECTION 13(B) //ANTE. P. 65.// IS AMENDED BY ADDING AFTER
PARAGRAPH (24) THE FOLLOWING NEW PARAGRAPH:
"(25) ANY EMPLOYEE WHO IS ENGAGED IN GINNING OF COTTON FOR
MARKET IN ANY PLACE OF EMPLOYMENT LOCATED IN A COUNTY WHERE COTTON
IS GROWN IN COMMERCIAL QUANTITIES AND WHO RECEIVES COMPENSATION
FOR EMPLOYMENT IN EXCESS OF--
"(A) SEVENTY-TWO HOURS IN ANY WORKWEEK FOR NOT MORE THAN SIX
WORKWEEKS IN A YEAR,
"(B) SIXTY-FOUR HOURS IN ANY WORKWEEK FOR NOT MORE THAN FOUR
WORKWEEKS IN THAT YEAR,
=(C) FIFTY-FOUR HOURS IN ANY WORKWEEK FOR NOT MORE THAN TWO
WORKWEEKS IN THAT YEAR, AND
"(D) FORTY-EIGHT HOURS IN ANY OTHER WORKWEEK IN THAT YEAR, AT A
RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE REGULAR RATE AT
WHICH HE IS EMPLOYED; OR".
(2) EFFECTIVE JANUARY 1, 1975, SECTION 13(B)(25) IS AMENDED-- //ANTE,
P. 66.//
(A) BY STRIKING OUT "SEVENTY-TWO" AND INSERTING IN LIEU THEREOF
"SIXTY-SIX";
(B) BY STRIKING OUT "SIXTY-FOUR" AND INSERTING IN LIEU THEROF
"SIXTY".
(C) BY STRIKING OUT "FIFTY-FOUR" AND INSERTING IN LIEU THEREOF
"FIFTY";
(D) BY STRIKING OUT "AND" AT THE END OF SUBPARAGRAPH (C);
AND
(E) BY STRIKING OUT "FORTY-EIGHT HOURS IN ANY OTHER WORKWEEK IN
THAT YEAR," AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"FORTY-SIX HOURS IN ANY WORKWEEK FOR NOT MORE THAN TWO WORKWEEKS
IN THAT YEAR, AND
(E) FORTY-FOUR HOURS IN ANY OTHER WORKWEEK IN THAT YEAR",
(3) EFFECTIVE JANUARY 1, 1976, SECTION 13(B)(25) IS AMENDED--
(A) BY STRIKING OUT "SIXTY-SIX" IN SUBPARAGRAPH (A) AND
INSERTING IN LIEU THEREOF "SIXTY";
(B) BY STRIKING OUT "SIXTY" IN SUBPARAGRAPH (B) AND INSERTING
IN LIEU THEREOF "FIFTY-SIX";
(C) BY STRIKING OUT "FIFTY" AND INSERTING IN LIEU THEREOF
"FORTY-EIGHT";
(D) BY STRIKING OUT "FORTY-SIX" AND INSERTING IN LIEU THEREOF
"FORTY-FOUR"; AND
(E) BY STRIKING OUT "FORTY-FOUR" IN SUBPARAGRAPH (E) AND
INSERTING IN LIEU THEREOF "FORTY".
(C)(1) SECTION 13(B) //ANTE. P. 66.// IS AMENDED BY ADDING AFTER
PARAGRAPH (25) THE FOLLOWING NEW PARAGRAPH:
"(26) ANY EMPLOYEE WHO IS ENGAGED IN THE PROCESSING OF SUGAR
BEETS, SUGAR BEET MOLASSES, OR SUGARCANE INTO SUGAR (OTHER THAN
REFINED SUGAR) OR SYRUP AND WHO RECEIVES COMPENSATION FOR
EMPLOYMENT IN EXCESS OF--
"(A) SEVENTY-TWO HOURS IN ANY WORKWEEK FOR NOT MORE THAN SIX
WORKWEEKS IN A YEAR,
"(B) SIXTY-FOUR HOURS IN ANY WORKWEEK FOR NOT MORE THAN FOUR
WORKWEEKS IN THAT YEAR.
"(C) FIFTY-FOUR HOURS IN ANY WORKWEEK FOR NOT MORE THAN TWO
WORKWEEKS IN THAT YEAR, AND
(D) FORTY-EIGHT HOURS IN ANY OTHER WORKWEEK IN THAT YEAR. AT A
RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE REGULAR RATE AT
WHICH HE IS EMPLOYED; OR".
(2) EFFECTIVE JANUARY 1, 1975, SECTION 13(B)(26) IS AMENDED--
(A) BY STRIKING OUT "SEVENTY-TWO" AND INSERTING IN LIEU THEREOF
"SIXTY-SIX";
(B) BY STRIKING OUT "SIXTY-FOUR" AND INSERTING IN LIEU THEREOF
"SIXTY";
(C) BY STRIKING OUT "FIFTY-FOUR" AND INSERTING IN LIEU THEREOF
"FIFTY";
(D) BY STRIKING OUT "AND" AT THE END OF SUBPARAGRAPH (C);
AND
(E) BY STRIKING OUT "FORTY-EIGHT HOURS IN ANY OTHER WORKWEEK IN
THAT YEAR," AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"FORTY-SIX HOURS IN ANY WORKWEEK FOR NOT MORE THAN TWO WORKWEEKS
IN THAT YEAR, AND
"(E) FORTY-FOUR HOURS IN ANY OTHER WORKWEEK IN THAT YEAR",
(3) EFFECTIVE JANUARY 1, 1976, SECTION 13(B)(26) IS AMENDED-- //ANTE,
P. 67.//
(A) BY STRIKING OUT "SISTY-SIX" IN SUBPARAGRAPH (A) AND
INSERTING IN LIEU THEREOF "SIXTY";
(B) BY STRIKING OUT "SIXTY" IN SUBPARAGRAPH (B) AND INSERTING
IN LIEU THEREOF "FIFTY-SIX";
(C) BY STRIKING OUT "FIFTY" AND INSERTING IN LIEU THEREOF
"FORTY-EIGHT";
(D) BY STRIKING OUT "FORTY-SIX" AND INSERTING IN LIEU THEREOF
"FORTY-FOUR"; AND
(E) BY STRIKING OUT "FORTY-FOUR" IN SUBPARAGRAPH (E) AND
INSERTING IN LIEU THEREOF "FORTY".
LOCAL TRANSIT EMPLOYEES
SEC. 21. (A) SECTION 7 //ANTE, P. 62.// IS AMENDED BY ADDING AFTER
THE SUBSECTION ADDED BY SECTION 9(A) OF THIS ACT THE FOLLOWING NEW
SUBSECTION:
"(N) IN THE CASE OF AN EMPLOYEE OF AN EMPLOYER ENGAGED IN THE
BUSINESS OF OPERATING A STREET, SUBURBAN OR INTERURBAN ELECTRIC RAILWAY,
OR LOCAL TROLLEY OR MOTORBUS CARRIER (REGARDLESS OF WHETHER OR NOT SUCH
RAILWAY OR CARRIER IS PUBLIC OR PRIVATE OR OPERATED FOR PROFIT OR NOT
FOR PROFIT), IN DETERMINING THE HOURS OF EMPLOYMENT OF SUCH AN EMPLOYEE
TO WHICH THE RATE PRESCRIBED BY SUBSECTION (A) APPLIES THERE SHALL BE
EXCLUDED THE HOURS SUCH EMPLOYEE WAS EMPLOYED IN CHARTER ACTICITIES BY
SUCH EMPLOYER IF (1) THE EMPLOYEE'S EMPLOYMENT IN SUCH ACTIVITIES WAS
PURSUANT TO AN AGREEMENT OR UNDERSTANDING WITH HIS EMPLOYER ARRIVED AT
BEFORE ENGAGING IN SUCH EMPLOYMENT, AND (2) IF EMPLOYMENT IN SUCH
ACTIVITIES IS NOT PART OF SUCH EMPLOYEE'S REGULAR EMPLOYMENT."
(B)(1) SECTION 13(B)(7) //80 STAT. 836, 29 USC 213.// (RELATING TO
EMPLOYEES OF STREET, SUBURBAN OR INTERURBAN ELECTRIC RAILWAYS, OR LOCAL
TROLLEY OR MOTORBUS CARRIERS) IS AMENDED BY STRIKING OUT ",IF THE RATES
AND SERVICES OF SUCH RAILWAY OR CARRIER ARE SUBJECT TO REGULATION BY A
STATE OR LOCAL AGENCY" AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"(REGARDLESS OF WHETHER OR NOT SUCH RAILWAY OR CARRIER IS PUBLIC OR
PRIVATE OR OPERATED FOR PROFIT OR NOT FOR PROFIT), IF SUCH EMPLOYEE
RECEIVED COMPENSATION FOR EMPLOYMENT IN EXCESS OF FORTY-EIGHT HOURS IN
ANY WORKWEEK AT A RATE NOT LESS THAN ONE AND ONE-HALF TIMES THE REGULAR
RATE AT WHICH HE IS EMPLOYED".
(2) EFFECTIVE ONE YEAR AFTER THE EFFECTIVE DATE OF THE FAIR LABOR
STANDARDS AMENDMENTS OF 1974, SUCH SECTION IS AMENDED BY STRIKING OUT
"FORTY-EIGHT HOURS" AND INSERTING IN LIEU THEREOF "FORTY-FOUR HOURS".
(3) EFFECTIV TWO YEARS AFTER SUCH DATE, SUCH SECTION IS REPEALED.
COTTON AND SUGAR SERVICES EMPLOYEES
SEC. 22. SECTION 13 //ANTE, P. 66.// IS AMENDED BY ADDING AFTER THE
SUBSECTION ADDED BY SECTION 18 THE FOLLOWING:
"(H) THE PROVISIONS OF SECTION 7 SHALL NOT APPLY FOR A PERIOD OR
PERIODS OF NOT MORE THAN FOURTEEN WORKWEEKS IN THE AGGREGATE IN ANY
CALENDAR YEAR TO ANY EMPLOYEE WHO--
"(1) IS EMPLOYED BY SUCH EMPLOYER--,
"(A) EXCLUSIVELY TO PROVIDE SERVICES NECESSARY AND INCIDENTAL
TO THE GINNING OF COTTON IN AN ESTABLISHMENT PRIMARILY ENGAGED IN
THE GINNING OF COTTON;
"(B) EXCLUSIVELY TO PROVIDE SERVICES NECESSARY AND INCIDENTAL
TO THE RECEIVING, HANDLING, AND STORING OF RAW COTTON AND THE
COMPRESSING OF RAW COTTON WHEN PERFORMED AT A COTTON WAREHOUSE OR
COMPRESS-WAREHOUSE FACILITY, OTHER THAN ONE OPERATED IN
CONJUNCTION WITH A COTTON MILL, PRIMARILY ENGAGED IN STORING AND
COMPRESSING;
"(C) EXCLUSIVELY TO PROVIDE SERVICES NECESSARY AND INCIDENTAL
TO THE RECEIVING, HANDLING, STORING, AND PROCESSING OF COTTONSEED
IN AN ESTABLISHMENT PRIMARILY ENGAGED IN THE RECEIVING, HANDLING,
STORING, AND PROCESSING OF COTTONSEED; OR
"(D) EXCLUSIVELY TO PROVIDE SERVICES NECESSARY AND INCIDENTAL
TO THE PROCESSING OF SUGAR CANE OR SUGAR BEETS IN AN ESTABLISHMENT
PRIMARILY ENGAGED IN THE PROCESSING OF SUGAR CANE OR SUGAR BEETS;
AND
"(2) RCEIVES FOR--,
"(A) SUCH EMPLOYMENT BY SUCH EMPLOYER WHICH IS IN EXCESS OF TEN
HOURS IN ANY WORKDAY, AND
(B) SUCH EMPLOYMENT BY SUCH EMPLOYER WHICH IS IN EXCESS OF
FORTY-EIGHT HOURS IN ANY WORKWEEK, COMPENSATION AT A RATE NOT LESS
THAN ONE AND ONE-HALF TIMES THE REGULAR RATE AT WHICH HE IS
EMPLOYED.
ANY EMPLOYER WHO RECEIVES AN EXEMPTION UNDER THIS SUBSECTION SHALL NOT
BE ELIGIBLE FOR ANY OTHER EXEMPTION UNDER THIS SECTION OR SECTION 7.".
//ANTE, P. 68.//
OTHER EXEMPTIONS
SEC. 23. (A)(9) (RELATING TO MOTION PICTURE THEATER EMPLOYEES) IS
REPEALED. //80 STAT. 836, 29 USC 213.//
(2) SECTION 13(B) IS AMENDED BY ADDING PARAGRAPH (26) THE FOLLOWING
NEW PARAGRAPH: //ANTE, P. 67.//
"(27) ANY EMPLOYEE EMPLOYED BY AN ESTABLISHMENT WHICH IS A
MOTION PICTURE THEATER; OR".
(B)(1) SECTION 13(A)(13) (RELATING TO SMALL LOGGING CREWS) IS
REPEALED. //75 STAT. 71; 80 STAT. 838.//
(2) SECTION 13(B) IS AMENDED BY ADDING AFTER PARAGRAPH (27) THE
FOLLOWING NEW PARAGRAPH:
"(28) ANY EMPLOYEE EMPLOYED IN PLANTING OR TENDING TREES,
CRUISING, SURVEYING, OR FELLING TIMBER, OR IN PREPARING OR
TRANSPORTING LOGS OR OTHER FORESTRY PRODUCTS TO THE MILL,
PROCESSING PLANT, RAILROAD, OR OTHER TRANSPORTATION TERMINAL, IF
THE NUMBER OF EMPLOYEES EMPLOYED BY HIS EMPLOYER IN SUCH FORESTRY
OR LUMBERING OPERATIONS DOES NOT EXCEED EIGHT.".
(C) SECTION 13(B)(2) (INSOFAR AS IT RELATES TO PIPELINE EMPLOYEES) IS
AMENDED BY INSERTING AFTER "EMPLOYER" THE FOLLOWING: "ENGAGED IN THE
OPERATION OF A COMMON CARRIER BY RAIL AND".
EMPLOYMENT OF STUDENTS
SEC. 24. (A) SECTION 14 //80 STAT. 842, 29 USC 214.// IS AMENDED BY
STRIKING OUT SUBSECTIONS (A), (B), AND (C) AND INSERTING IN LIEU THEREOF
THE FOLLOWING:
"SEC. 14. (A) THE SECRETARY, TO THE EXTENT NECESSARY IN ORDER TO
PREVENT CURTAILMENT OF OPPORTUNITIES FOR EMPLOYMENT, SHALL BY
REGULATIONS OR BY ORDERS PROVIDE FOR THE EMPLOYMENT OF LEARNERS, OF
APPRENTICES, AND OF MESSENGERSH EMPLOYED PRIMARILY IN DELIVERING LETTERS
AND MESSAGES, UNDER SPECIAL CERTIFICATES ISSUED PURSUANT TO REGULATIONS
OF THE SECRETARY, AT SUCH WAGES LOWER THAN THE MINIMUM WAGE APPLICABLE
UNDER SECTION 6 //ANTE, P. 55.// AND SUBJECT TO SUCH LIMITATIONS AS TO
TIME, NUMBER PROPORTION, AND LENGTH OF SERVICE AS THE SECRETARY SHALL
PRESCRIBE.
"(B)(1)(A) THE SECRETARY, TO THE EXTENT NECESSARY IN ORDER TO PREVENT
CURTAILMENT OF OPPORTUNITIES FOR EMPLOYMENT, SHALL BY SPECIAL
CERTIFICATE ISSUED UNDER A REGULATION OR ORDER PROVIDE, IN ACCORDANCE
WITH SUBPARAGRAPH (B), FOR THE EMPLOYMENT, AT A WAGE RATE NOT LESS THAN
85 PER CENTUM OF THE OTHERWISE APPLICABLE WAGE RATE IN EFFECT UNDER
SECTION 6 OR NOT LESS THAN $1.60 AN HOUR, WHICHEVER IS THE HIGHER (OR IN
THE CASE OF EMPLOYMENT IN PUERTO RICO OR THE VIRGIN ISLANDS NOT
DESCRIBED IN SECTION 5(E), ANTE, P. 56.// AT A WAGE RATE NOT LESS THAN
85 PER CENTUM OF THE OTHERWISE APPLICABLE WAGE RATE IN EFFECT UNDER
SECTION 6(C)), //80 STAT. 839, 29 USC 206.// OF FULL-TIME STUDENTS
(REGARDLESS OF AGE BUT IN COMPLIANCE WITH APPLICABLE CHILD LABOR LAWS)
IN RETAIL OR SERVICE ESTABLISHMENTS.
"(B) EXCEPT AS PROVIDED IN PARAGRAPH (4)(B), DURING ANY MONTH IN
WHICH FULL-TIME STUDENTS ARE TO BE EMPLOYED IN ANY RETAIL OR SERVICE
ESTABLISHMENT UNDER CERTIFICATES ISSUED UNDER THIS SUBSECTION THE
PROPORTION OF STUDENT HOURS OF EMPLOYMENT TO THE TOTAL HOURS OF
EMPLOYMENT OF ALL EMPLOYEES IN SUCH ESTABLISHMENT MAY NOT EXCEED--
"(I) IN THE CASE OF A RETAIL OR SERVICE ESTABLISHMENT WHOSE
EMPLOYEES (OTHER THAN EMPLOYEES ENGAGED IN COMMERCE OR IN THE
PRODUCTION OF GOODS FOR COMMERCE) WERE COVERED BY THIS ACT BEFORE
THE EFFECTIVE DATE OF THE FAIR LABOR STANDARDS AMENDMENTS OF
1974--,
"(I) THE PROPORTION OF STUDENT HOURS OF EMPLOYMENT TO THE TOTAL
HOURS OF EMPLOYMENT OF ALL EMPLOYEES IN SUCH ESTABLISHMENT FOR THE
CORRESPONDING MONTH OF THE IMMEDIATELY PRECEDING TWELVE-MONTH
PERIOD,
"(II) THE MAXIMUM PROPORTION FOR ANY CORRESPONDING MONTH OF
STUDENT HOURS OF EMPLOYMENT TO THE TOTAL HOURS OF EMPLOYMENT OF
ALL EMPLOYEES IN SUCH ESTABLISHMENT APPLICABLE TO THE ISSUANCE OF
CERTIFICATES UNDER THIS SECTION AT ANY TIME BEFORE THE EFFECTIVE
DATE OF THE FAIR LABOR STANDARDS AMENDMENTS OF 1974 FOR THE
EMPLOYMENT OF STUDENTS BY SUCH EMPLOYER, OR
"(III) A PROPORTION EQUAL TO ONE-TENTH OF THE TOTAL HOURS OF
EMPLOYMENT OF ALL EMPLOYEES IN SUCH ESTABLISHMENT, WHICHEVER IS
GREATER;
"(II) IN THE CASE OF RETAIL OR SERVICE ESTABLISHMENT WHOSE EMPLOYEES
(OTHER THAN EMPLOYEES ENGAGED IN COMMERCE OR IN THE PRODUCTION OF GOODS
FOR COMMERCE) ARE COVERED FOR THE FIRST TIME ON OR AFTER THE EFFECTIVE
DATE OF THE FAIR LABOR STANDARDS AMENDMENTS OF 1974--,
"(I) THE PROPORTION OF HOURS OF EMPLOYMENT OF STUDENTS IN SUCH
ESTABLISHMENT TO THE TOTAL HOURS OF EMPLOYMENT OF ALL EMPLOYEES IN
SUCH ESTABLISHMENT FOR THE CORRESPONDING MONTH OF THE TWELVE-MONTH
PERIOD IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF SUCH AMENDMENTS,
"(II) THE PROPORTION OF STUDENT HOURS OF EMPLOYMENT TO THE
TOTAL HOURS OF EMPLOYMENT OF ALL EMPLOYEES IN SUCH ESTABLISHMENT
FOR THE CORRESPONDING MONTH OF THE IMMEDIATELY PRECEDING
TWELVE-MONTH PERIOD, OR
"(III) A PROPORTION EQUAL TO ONE-TENTH OF THE TOTAL HOURS OF
EMPLOYMENT OF ALL EMPLOYEES IN SUCH ESTABLISHMENT, WHICHEVER IS
GREATER; OR
(III) IN THE CASE OF A RETAIL OR SERVICE ESTABLISHMENT FOR WHICH
RECORDS OF STUDENT HOURS WORKED ARE NOT AVAILABLE, THE PROPORTION OF
STUDENT HOURS OF EMPLOYMENT TO THE TOTAL HOURS OF EMPLOYMENT OF ALL
EMPLOYEES BASED ON THE PRACTICE DURING THE IMMEDIATELY PRECEDING
TWELVE-MONTH PERIOD IN (I) SIMILAR ESTABLISHMENTS OF THE SAME EMPLOYER
IN THE SAME GENERAL METROPOLITAN AREA IN WHICH SUCH ESTABLISHMENT IS
LOCATED, (II) SIMILAR ESTABLISHMENTS OF THE SAME OR NEARBY COMMUNITIES
IF SUCH ESTABLISHMENT
IS NOT IN A METROPOLITAN AREA, OR (III) OTHER ESTABLISHMENTS OF
THE SAME GENERAL CHARACTER OPERATING IN THE COMMUNITY OR THE
NEAREST COMPARABLE COMMUNITY.
FOR PURPOSE OF CLAUSES (I), AND (III) OF THIS SUBPARAGRAPH, THE TERM
'STUDENT HOURS OF EMPLOYMENT' MEANS HOURS DURING WHICH STUDENTS ARE
EMPLOYED IN A RETAIL OR SERVICE ESTABLISHMENT UNDER CERTIFICATES ISSUED
UNDER THIS SUBSECTION.
"(2) THE SECRETARY, TO THE EXTENT NECESSARY IN ORDER TO PREVENT
CURTAILMENT OF OPPORTUNITIES FOR EMPLOYMENT, SHALL BY SPECIAL
CERTIFICATE ISSUED UNDER A REGULATION OR ORDER PROVIDE FOR THE
EMPLOYMENT, AT A WAGE RATE NOT LESS THAN 85 PER CENTUM OF THE WAGE RATE
IN EFFECT UNDER SECTION 6(A)(5) //ANTE, P. 56.// OR NOT LESS THAN $1.30
AN HOUR WHICHEVER IS THE HIGHER (OR IN THE CASE OF EMPLOYMENT IN PUERTO
RICO OR THE VIRGIN ISLANDS NOT DESCRIBED IN SECTION 5(E), AT A WAGE RATE
NOT LESS THAN 85 PER CENTUM OF THE WAGE RATE IN EFFECT UNDER SECTION
6(C)), //80 STAT. 839, 29 USC 206.// OF FULL-TIME STUDENTS (REGARDLESS
OF AGE BUT IN COMPLIANCE WITH APPLICABLE CHILD LABOR LAWS) IN ANY
OCCUPATION IN AGRICULTURE.
"(3) THE SECRETARY, TO THE EXTENT NECESSARY IN ORDER TO PREVENT
CURTAILMENT OF OPPORTUNITIES FOR EMPLOYMENT, SHALL BY SPECIAL
CERTIFICATE ISSUED UNDER A REGULATION OR ORDER PROVIDE FOR THE
EMPLOYMENT BY AN INSTITUTION OF HIGHER EDUCATION, AT A WAGE RATE NOT
LESS THAN 85 PER CENTUM OF THE OTHERWISE APPLICABLE WAGE RATE IN EFFECT
UNDER SECTION 6 OR NOT LESS THAN $1.60 AN HOUR, WHICHEVER IS THE HIGHER
(OR IN THE CASE OF EMPLOYMENT IN PUERTO RICO OR THE VIRGIN ISLANDS NOT
DESCRIBED IN SECTION 5(E), AT A WAGE RATE NOT LESS THAN 85 PER CENTUM OF
THE WAGE RATE IN EFFECT UNDER SECTION 6(C)), OF FULL-TIME STUDENTS
(REGARDLESS OF AGE BUT IN COMPLIANCE WITH APPLICABLE CHILD LABOR LAWS)
WHO ARE ENROLLED IN SUCH INSTITUTION. THE SECRETARY SHALL BY REGULATION
PRESCRIBE STANDARDS AND REQUIREMENTS TO INSURE THAT THIS PARAGRAPH WILL
NOT CREATE A SUBSTANTIAL PROBABILITY OF REDUCING THE FULL-TIME
EMPLOYMENT OPPORTUNITIES OF PERSONS OTHER THAN THOSE TO WHOM THE MINIMUM
WAGE RATE AUTHORIZED BY THIS PARAGRAPH IS APPLICABLE.
"(4)(A) A SPECIAL CERTIFICATE ISSUED UNDER PARAGRAPH (1), (2), OR (3)
SHALL PROVIDE THAT THE STUDENT OR STUDENTS FOR WHOM IT IS ISSUED SHALL,
EXCEPT DURING VACATION PERIODS, BE EMPLOYED ON A PART-TIME BASIS AND NOT
IN EXCESS OF TWENTY HOURS IN ANY WORKWEEK.
"(B) IF THE ISSUANCE OF A SPECIAL CERTIFICATE UNDER PARAGRAPH (1) OR
(2) FOR AN EMPLOYER WILL CAUSE THE NUMBER OF STUDENTS EMPLOYED BY SUCH
EMPLOYER UNDER SPECIAL CERTIFICATES ISSUED UNDER THIS SUBSECTION TO
EXCEED FOUR, THE SECRETARY MAY NOT ISSUE SUCH A SPECIAL CERTIFICATE FOR
THE EMPLOYMENT OF A STUDENT BY SUCH EMPLOYER UNLESS THE SECRETARY FINDS
EMPLOYMENT OF SUCH STUDENT WILL NOT CREATE A SUBSTANTIAL PROBABILITY OF
REDUCING THE FULL-TIME EMPLOYMENT OPPORTUNITIES OF PERSONS OTHER THAN
THOSE EMPLOYED UNDER SPECIAL CERTIFICATES ISSUED UNDER THIS SUBSECTION.
IF THE ISSUANCE OF A SPECIAL CERTIFICATE UNDER PARAGRAPH (1) OR (2) FOR
AN EMPLOYER WILL NOT CAUSE THE NUMBER OF STUDENTS EMPLOYED BY SUCH
EMPLOYER UNDER SPECIAL CERTIFICATES ISSUED UNDER THIS SUBSECTION TO
EXCEED FOUR--
"(I) THE SECRETARY MAY ISSUE A SPECIAL CERTIFICATE UNDER
PARAGRAPH (1) OR (2) FOR THE EMPLOYMENT OF A STUDENT BY SUCH
EMPLOYER IF SUCH EMPLOYER CERTIFIES TO THE SECRETARY THAT THE
EMPLOYMENT OF SUCH STUDENT WILL NOT REDUCE THE FULL-TIME
EMPLOYMENT OPPORTUNITIES OF PERSONS OTHER THAN THOSE EMPLOYED
UNDER SPECIAL CERTIFICATES ISSUED UNDER THIS SUBSECTION, AND
"(II) IN THE CASE OF AN EMPLOYER WHICH IS A RETAIL OR SERVICE
ESTABLISHMENT, SUBPARAGRAPH (B) OF PARAGRAPH (1) SHALL NOT APPLY
WITH RESPECT TO THE ISSUANCE OF SPECIAL CERTIFICATES FOR SUCH
EMPLOYER UNDER SUCH PARAGRAPH.
THE REQUIREMENT OF THIS SUBPARAGRAPH SHALL NOT APPLY IN THE CASE OF THE
ISSUANCE OF SPECIAL CERTIFICATES UNDER PARAGRAPH (3) FOR THE EMPLOYMENT
OF FULL-TIME STUDENTS BY INSTITUTIONS OF HIGHER EDUCAQTION; EXCEPT THAT
IF THE SECRETARY DETERMINES THAT AN INSTITUTION OF HIGHER EDUCATION IS
EMPLOYING STUDENTS UNDER CERTIFICATES ISSUED UNDER PARAGRAPH (3) BUT IN
VIOLATION OF THE REQUIRMENTS OF THAT PARAGRAPH OR OF REGULATIONS ISSUED
THEREUNDER, THE REQUIREMENTS OF THIS SUBPARAGRAPH SHALL APPLY WITH
RESPECT TO THE ISSUANCE OF SPECIAL CERTIFICATES UNDER PARAGRAPH (3) FOR
THE EMPLOYMENT OF STUDENTS BY SUCH INSTITUTION.
"(C) NO SPECIAL CERTIFICATE MAY BE ISSUED UNDER THIS SUBSECTION
UNLESS THE EMPLOYER FOR WHOM THE CERTIFICATE IS TO BE ISSUED PROVIDES
EVIDENCE SATISFACTORY TO THE SECRETARY OF THE STUDENT STATUS OF THE
EMPLOYEES TO BE EMPLOYED UNDER SUCH SPECIAL CERTIFICATE."
(B) SECTION 14 //ANTE, P. 69.// SHALL NOT APPLY WITH RESPECT TO THE
EMPLOYMENT BY ANY ELEMENTARY OR SECONDARY SCHOOL OF ITS STUDENTS IF SUCH
EMPLOYMENT CONSTITUTES, AS DETERMINED UNDER REGULATIONS PRESCRIBED BY
THE SECRETARY, AN INTEGRAL PART OF THE REGULAR EDUCATION PROGRAM
PROVIDED BY SUCH SCHOOL AND SUCH EMPLOYMENT IS IN ACCORDANCE WITH
APPLICABLE CHILD LABOR LAWS."
(C) SECTION 4(D) //52 STAT. 1062; 69 STAT. 711, 29 USC 204.// IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCES: "SUCH
REPORT SHALL ALSO INCLUDE A SUMMARY OF THE SPECIAL CERTIFICATES ISSUED
UNDER SECTION 14(B)." //ANTE, P. 69.//
CHILD LABOR
SEC. 25. (A) SECTION 12 //52 STAT. 1067; 63 STAT. 917, 29 USC
212.// (RELATING TO CHILD LABOR) IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SUBSECTION:
"(D) IN ORDER TO CARRY OUT THE OBJECTIVES OF THIS SECTION, THE
SECRETARY MAY BY REGULATION REQUIRE EMPLOYERS TO OBTAIN FROM ANY
EMPLOYEE PROOF OF AGE."
(B) SECTION 13(C)(1) //80 STAT. 834, 29 USC 213.// (RELATING TO CHILD
LABOR IN AGRICULTURE) IS AMENDED TO READ AS FOLLOWS:
"(C)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE PROVISIONS OF
SECTION 12 RELATING TO CHILD LABOR SHALL NOT APPLY TO ANY EMPLOYEE
EMPLOYED IN AGRICULTURE OUTSIDE OF SCHOOL HOURS FOR THE SCHOOL DISTRICT
WHERE SUCH EMPLOYEE IS LIVING WHILE HE IS SO EMPLOYED, IF SUCH
EMPLOYEE--,
"(A) IS LESS THAN TWELVE YEARS OF AGE AND (I) IS EMPLOYED BY
HIS PARENT, OR BY A PERSON STANDING IN THE PLACE OF HIS PARENT, ON
A FARM OWNED OR OPERATED BY SUCH PARENT OR PERSON, OR (II) IS
EMPLOYED, WITH THE CONSENT OF HIS PARENT OR PERSON STANDING IN THE
PLACE OF HIS PARENT, ON A FARM, NONE OF THE EMPLOYEES OF WHICH ARE
(BECAUSE OF SECTION 13(A) (6)(A)) //80 STAT. 833.// REQUIRED TO BE
PAID AT THE WAGE RATE PRESCRIBED BY SECTION 6(A)( 5), //ANTE, P.
56.//
"(B) IS TWELVE YEARS OR THIRTEEN YEARS OF AGE AND (I) SUCH
EMPLOYMENT IS WITH THE CONSENT OF HIS PARENT OR PERSON STANDING IN
THE PLACE OF HIS PARENT, OR (II) HIS PARENT OR SUCH PERSON IS
EMPLOYED ON THE SAME FARM AS SUCH EMPLOYEE, OR
"(C) IS FOURTEEN YEARS OF AGE OR OLDER.".
(C) SECTION 16 //52 STAT. 1069; 71 STAT. 514, 29 USC 216.// IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(E) ANY PERSON WHO VIOLATES THE PROVISIONS OF SECTION 12, RELATING
TO CHILD LABOR, OR ANY REGULATION ISSUED UNDER THAT SECTION, SHALL BE
SUBJECT TO A CIVIL PENALTY OF NOT TO EXCEED $1,000 FOR EACH SUCH
VIOLATION. IN DETERMINING THE AMOUNT OF SUCH PENALTY, THE
APPROPRIATENESS OF SUCH PENALTY TO THE SIZE OF THE BUSINESS OF THE
PERSON CHARGED AND THE GRAVITY OF THE VIOLATION SHALL BE CONSIDERED.
THE AMOUNT OF SUCH PENALTY, WHEN FINALLY DETERMINED, MAY BE--
"(1) DEDUCTED FROM ANY SUMS OWNG BY THE UNITED STATES TO THE
PERSON CHARGED;
"(2) RECOVERED IN A CIVIL ACTION BROUGHT BY THE SECRETARY IN
ANY COURT OF COMPETENT JURISDICTION, IN WHICH LITIGATION THE
SECRETARY SHALL BE REPRESENTED BY THE SOLICITOR OF LABOR; OR
"(3) ORDERED BY THE COURT, IN AN ACTION BROUGHT FOR A VIOLATION
OF SECTION 15(A) (4), //52 STAT. 1068, 29 USC 215.// TO BE PAID TO
THE SECRETARY.
ANY ADMINISTRATIVE DETERMINATION BY THE SECRETARY OF THE AMOUNT OF SUCH
PENALTY SHALL BE FINAL, UNLESS WITHIN FIFTEEN DAYS AFTER RECEIPT OF
NOTICE THEREOF BY CERTIFIED MAIL THE PERSON CHARGED WITH THE VIOLATION
TAKES EXCEPTION TO THE DETERMINATION THAT THE VIOLATIONS FOR WHICH THE
PENALTY IS IMPOSED OCCURRED, IN WHICH EVENT FINAL DETERMINATION OF THE
PENALTY SHALL BE MADE IN AN ADMINISTRATIVE PROCEEDING AFTER OPPORTUNITY
FOR HEARING IN ACCORDANCE WITH SECTION 554 OF TITLE 5, UNITED STATES
CODE, //80 STAT. 384.// AND REGULATIONS TO BE PROMULGATED BY THE
SECRETARY, SUMS COLLECTED AS PENALTIES PURSUANT TO THIS SECTION SHALL BE
APPLIED TOWARD REIMBURSEMENT OF THE COSTS OF DETERMINING THE VIOLATIONS
AND ASSESSING AND COLLECTING SUCH PENALTIES, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 2 OF AN ACT ENTITLED 'AN ACT TO AUTHORIZE THE
DEPARTMENT OF LABOR TO MAKE SPECIAL STATISTICAL STUDIES UPON PAYMENT OF
THE COST THEREOF, AND FOR OTHER PURPOSES' (29 U.S.C. 9A)." //48 STAT.
582; 53 STAT. 581.//
SUITS BY SECRETARY FOR BACK WAGES
SEC. 26. THE FIRST THREE SENTENCES OF SECTION 16(C) //63 STAT. 919;
80 STAT. 844, 29 USC 216./ ARE AMENDED TO READ AS FOLLOWS: "THE
SECRETARY IS AUTHORIZED TO SUPERVISE THE PAYMENT OF THE UNPAID MINIMUM
WAGES OR THE UNPAID OVERTIME COMPENSATION OWING TO ANY EMPLOYEE OR
EMPLOYEES UNDER SECTION 6 OR 7 OF THIS ACT, //ANTE, PP. 55, 68.// AND
THE AGREEMENT OF ANY EMPLOYEE TO ACCEPT SUCH PAYMENT SHALL UPON PAYMENT
IN FULL CONSTITUTE A WAIVER BY SUCH EMPLOYEE OF ANY RIGHT HE MAY HAVE
UNDER SUBSECTION (B) OF THIS SECTION TO SUCH UNPAID MINIMUM WAGES OR
UNPAID OVERTIME COMPENSATION AND AN ADDITIONAL EQUAL AMOUNT AS
LIQUIDATED DAMAGES. THE SECRETARY MAY BRING AN ACTION IN ANY COURT OF
COMPETENT JURISDICTION TO RECOVER THE AMOUNT OF THE UNPAID MINIMUM WAGES
OR OVERTIME COMPENSATION AND AN EQUAL AMOUNT AS LIQUIDATED DAMAGES. THE
RIGHT PROVIDED BY SUBSECTION (B) TO BRING AN ACTION BY OR ON BAHALF OF
ANY EMPLOYEE AND OF ANY EMPLOYEE TO BECOME A PARTY PLAINTIFF TO ANY SUCH
ACTION SHALL TERMINATE UPON THE FILING OF A COMPLAINT BY THE SECRETARY
IN AN ACTION UNDER THIS SUBSECTION IN WHICH A RECOVERY IS SOUGHT OF
UNPAID MINIMUM WAGES OR UNPAID OVERTIME COMPENSATION UNDER SECTIONS 6
AND 7 OR LIQUIDATED OR OTHER DAMAGES PROVIDED BY THIS SUBSECTION OWING
TO SUCH EMPLOYEE BY AN EMPLOYER LIABLE UNDER THE PROVISIONS OF
SUBSECTION (B), UNLESS SUCH ACTION IS DISMISSED WITHOUT PREJUDICE ON
MOTION OF THE SECRETARY.
ECONOMIC EFFECTS STUDIES
SEC. 27. SECTION 4(D) IS AMENDED BY-- //ANTE, P. 72.//
(1) INSERTING "(1)" IMMEDIATELY AFTER "(D)",
(2) INSERTING IN THE SECOND SENTENCE AFTER "MINIMUM WAGES" THE
FOLLOWING: "AND OVERTIME COVERAGE"; AND
(3) BY ADDING AT THE END THEREOF THE FOLLOWING NEW
PARAGRAPHS:
"(2) THE SECRETARY SHALL CONDUCT STUDIES ON THE JUSTIFICATION OR LACK
THEREOF FOR EACH OF THE SPECIAL EXEMPTIONS SET FORTH IN SECTION 13 OF
THIS ACT, //ANTE, P. 72.// AND THE EXTENT TO WHICH SUCH EXEMPTIONS APPLY
TO EMPLOYEES OF ESTABLISHMENTS DESCRIBED IN SUBSECTION (G) OF SUCH
SECTION //ANTE, P. 66.// AND THE ECONOMIC EFFECTS OF THE APPLICATION OF
SUCH EXEMPTIONS TO SUCH EMPLOYEES. THE SECRETARY SHALL SUBMIT A REPORT
OF HIS FINDINGS AND RECOMMENDATIONS TO THE CONGRESS WITH RESPECT TO THE
STUDIES CONDUCTED UNDER THIS PARAGRAPH NOT LATER THAN JANUARY 1, 1976.
"(3) THE SECRETARY SHALL CONDUCT A CONTINUING STUDY ON MEANS TO
PREVENT CURTAILMENT OF EMPLOYMENT OPPORTUNITIES FOR MANPOWER GROUPS
WHICH HAVE HAD HISTORICALLY HIGH INCIDENCES OF UNEMPLOYMENT (SUCH AS
DISADVANTAGED MINORITIES, YOUTH, ELDERLY, AND SUCH OTHER GROUPS AS THE
SECRETARY MAY DESIGNATE). THE FIRST REPORT OF THE RESULTS OF SUCH STUDY
SHALL BE TRANSMITTED TO THE CONGRESS NOT LATER THAN ONE YEAR AFTER THE
EFFECTIVE DATE OF THE FAIR LABOR STANDARDS AMENDMENTS OF 1974.
SUBSEQUENT REPORTS ON SUCH STUDY SHALL BE TRANSMITTED TO THE CONGRESS AT
TWO-YEAR INTERVALS AFTER SUCH EFFECTIVE DATE. EACH SUCH REPORT SHALL
INCLUDE SUGGESTIONS RESPECTING THE SECRETARY'S AUTHORITY UNDER SECTION
14 OF THIS ACT." //ANTE, P. 69.//
AGE DISCRIMINATION
SEC. 28(A)(1) THE FIRST SENTENCE OF SECTION 11(B) OF THE AGE
DISCRIMINATION IN EMPLOYMENT ACT OF 1967 (29 U.S.C. 630(B) //81 STAT.
605.// IS AMENDED BY STRIKING OUT "TWENTY-FIVE" AND INSERTING IN LIEU
THEREOF "TWENTY".
(2) THE SECOND SENTENCE OF SECTION 11(B) OF SUCH ACT IS AMENDED TO
READ AS FOLLOWS: "THE TERM ALSO MEANS (1) ANY AGENT OF SUCH A PERSON,
AND (2) A STATE OR POLITICAL SUBDIVISION OF A STATE AND ANY AGENCY OR
INSTRUMENTALITY OF A STATE OR A POLITICAL SUBDIVISION OF A STATE, AND
INY INTERSTATE AGENCY, BUT SUCH TERM DOES NOT INCLUDE THE UNITED STATES,
OR A CORPORATION WHOLLY OWNED BY THE GOVERNMENT OF THE UNITED STATES.".
(3) SECTION 11(C) OF SUCH ACT IS AMENDED BY STRIKING OUT", OR AN
AGENCY OF A STATE OR POLITICAL SUBDIVISION OF A STATE, EXCEPT THAT SUCH
TERM SHALL INCLUDE THE UNITED STATES EMPLOYMENT SERVICE AND THE SYSTEM
OF STATE AND LOCAL EMPLOYMENT SERVICES RECEIVING FEDERAL ASSISTANCE".
(4) SECTION 11(F) OF SUCH ACT IS AMENDED TO READ AS FOLLOWS:
"(F) THE TERM 'EMPLOYEE' MEANS AN INDIVIDUAL EMPLOYED BY ANY EMPLOYER
EXCEPT THAT THE TERM 'EMPLOYEE' SHALL NOT INCLUDE ANY PERSON ELECTED TO
PUBLIC OFFICE IN ANY STATE OR POLITICAL SUVDIVISION OF ANY STATE BY THE
QUALIFIED VOTERS THEREOF, OR ANY PERSON CHOSEN BY SUCH OFFICER TO BE ON
SUCH OFFICER'S PERSONAL STAFF, OR AN APPOINTEE ON THE POLICYMAKING LEVEL
OR AN IMMEDIATE ADVISER WITH RESPECT TO THE EXERCISE OF THE
CONSTITUTIONAL OR LEGAL POWERS OF THE OFFICE. THE EXEMENTION SET FORTH
IN THE PRECEDING SECTENCE SHALL NOT INCLUDE EMPLOYEES SUBJECT TO THE
CIVIL SERVICE LAWS OF A STATE GOVERNMENT, GOVERNMENTAL AGENCY, OR
POLITICAL SUBDIVISION.".
(5) SECTION 16 OF SUCH ACT //29 USC 634.// IS AMENDED BY STRIKING OUT
"$3,000,000" AND INSERTING IN LIEU THEREOF "$5,000,000".
(B)(1) THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 IS AMENDED BY
REDESIGNATING SECTIONS 15 AND 16, AND ALL REFERENCES THERETO, AS
SECTIONS 19 AND 19, RESPECTIVELY.
(2) THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 //29 USC 633.//
IS FURTHER AMENDED BY ADDING IMMEDIATELY AFTER SECTION 14 THE FOLLOWING
NEW SECTION:
"NONDISCRIMINATION ON ACCOUNT OF AGE IN FEDERAL GOVERNMENT
EMPLOYMENT.
SEC. 15.(A) ALL PERSONEL ACTIONS AFFECTING EMPLOYEES OR APPLICANTS
FOR EMPLOYMENT (EXCEPT WITH REGARD TO ALIENS EMPLOYED OUTSIDE THE LIMITS
OF THE UNITED STATES) IN MILITARY DEPARTMENTS AS DEFINED IN SECTION 102
OF TITLE 5, UNITED STATES CODE, //80 STAT. 378.// IN EXECUTIVE AGENCIES
AS DEFINED IN SECTION 105 OF TITLE 5, UNITED STATES CODE (INCLUDING
EMPLOYEES AND APPLICANTS FOR EMPLOYMENT WHO ARE PAID FROM
NONAPPROPRIATED FUNDS), IN THE UNITED STATES POSTAL SERVICE AND THE
POSTAL RATE COMMISSION, IN THOSE UNITS IN THE GOVERNMENT OF THE DISTRICT
OF COLUMBIA HAVING POSITIONS IN THE COMPETITIVE SERVICE, AND IN THOSE
UNITS OF THE LEGISLATIVE AND JUDICIAL BRANCHES OF THE FEDERAL GOVERNMENT
HAVING POSITIONS IN THE COMPETITIVE SERVICE, AND IN THE LIBRARY OF
CONGRESS SHALL BE MADE FREE FROM ANY DISCRIMINATION BASED ON AGE. //29
USC 633A.//
"(B) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THE CIVIL
SERVICE COMMISSION IS AUTHORIZED TO ENFORCE THE PROVISIONS OF SUBSECTION
(A) THROUGH APPROPRIATE REMEDIES, INCLUDINT REINSTATEMENT OR HIRING OF
EMPLOYEES WITH OR WITHOUT BACKPAY, AS WILL EFFECTUATE THE POLICIES OF
THIS SECTION. THE CIVIL SERVICE COMMISSION SHALL ISSUE SUCH RULES,
REGULATIONS, ORDERS AND INSTRUCTIONS AS IT DEEMS NECESSARY AND
APPROPRIATE TO CARRY OUT ITS RESPONSIBILITIES UNDER THIS SECTION. THE
CIVIL SERVICE COMMISSION SHALL--
"(1) BE RESPONSIBLE FOR THE REVIEW AND EVALUATION OF THE
OPERATION OF ALL AGENCY PROGRAMS DESIGNED TO CARRY OUT THE POLICY
OF THIS SECTION, PERIODICALLY OBTAINING AND PUBLISHING (ON AT
LEAST A SEMIANNUAL BASIS) PROGRESS REPORTS FROM EACH DEPARTMENT,
AGENCY, OR UNIT REFERRED TO IN SUBSECTION (A);
"(2) CONSULT WITH AND SOLICIT THE RECOMMENDATIONS OF INTERESTED
INDIVIDUALS, GROUPS, AND ORGANIZATIONS RELATING TO
NONDISCRIMINATION IN EMPLOYMENT ON ACCOUNT OF AGE; AND
"(3) PROVIDE FOR THE ACCEPTANCE AND PROCESSING OF COMPLAINTS OF
DISCRIMINATION IN FEDERAL EMPLOYMENT ON ACCOUNT OF AGE.
THE HEAD OF EACH SUCH DEPARTMENT, AGENCY, OR UNIT SHALL COMPLY WITH SUCH
RULES, REGULATIONS, ORDERS, AND INSTRUCTIONS OF THE CIVIL SERVICE
COMMISSION WHICH SHALL INCLUDE A PROVISION THAT AN EMPLOYEE OR APPLICANT
FOR EMPLOYMENT SHALL BE NOTIFIED OF ANY FINAL ACTION TAKEN ON ANY
COMPLAINT OF DISCRIMINATION FILED BY HIM THEREUNDER. REASONABLE
EXEMPTIONS TO THE PROVISIONS OF THIS SECTION MAY BE ESTABLISHED BY THE
COMMISSION BUT ONLY WHEN THE COMMISSION HAS ESTABLISHED A MAXIMUM AGE
REQUIREMENT ON THE BASIS OF A DETERMINATION THAT AGE IS A BONA FIDE
OCCUPATIONAL QUALIFICATION NECESSARY TO THE PERFORMANCE OF THE DUTIES OF
THE POSITION. WITH RESPECT TO EMPLOYMENT IN THE LIBRARY OF CONGRESS,
AUTHORITIES GRANTED IN THIS SUBSECTION TO THE CIVIL SERVICE COMMISSION
SHALL BE EXERCISED BY THE LIBRARIAN OF CONGRESS.
"(C) ANY PERSON AGGRIEVED MAY BRING A CIVIL ACTION IN ANY FEDERAL
DISTRICT COURT OF COMPETENT JURISDICTION FOR SUCH LEGAL OR EQUITABLE
RELIEF AS WILL EFFECTUATE THE PURPOSES OF THIS ACT.
"(D) WHEN THE INDIVIDUAL HAS NOT FILED A COMPLAINT CONCERNING AGE
DISCRIMINATION WITH THE COMMISSION, NO CIVIL ACTION MAY BE COMMENCED BY
ANY INDIVIDUAL UNDER THIS SECTION UNTIL THE INDIVIDUAL HAS GIVEN THE
COMMISSION NOT LESS THAN THIRTY DAYS' NOTICE OF AN INTENT TO FILE SUCH
ACTION. SUCH NOTICE SHALL BE FILED WITHIN ONE HUNDRED AND EIGHTY DAYS
AFTER THE ALLEGED UNLAWFUL PRACTICE OCCURRED. UPON RECEIVING A NOTICE
OF INTENT TO SUE, THE COMMISSION SHALL PROMPTLY NOTIFY ALL PERSONS NAMED
THEREIN AS PROSPECTIVE DEFENDANTS IN THE ACTION AND TAKE ANY APPROPRIATE
ACTION TO ASSURE THE ELIMINATION OF ANY UNLAWFUL PRACTICE.
"(E) NOTHING CONTAINED IN THIS SECTION SHALL RELIEVE ANY GOVERNMENT
AGENCY OR OFFICIAL OF THE RESPONSIBILITY TO ASSURE NONDISCRIMINATION ON
ACCOUT OF AGE IN EMPLOYMENT AS REQUIRED UNDER ANY PROVISION OF FEDERAL
LAW."
EFFECTIVE
SEC. 29(A) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE AMENDMENTS
MADE BY THIS ACT SHALL TAKE EFFECT ON MAY 1, 1974.
(B) NOTWITHSTANDING SUBSECTION (A), ON AND AFTER THE DATE OF THE
ENACTMENT OF THIS ACT THE SECRETARY OF LABOR IS AUTHORIZED TO PRESCRIBE
NECESSARY RULES, REGULATIONS, AND ORDERS WITH REGARD TO THE AMENDMENTS
MADE BY THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: N/. 93 - 913 ACCOMPANYING H.R. 12435 (COMM. ON
EDUCATION AND LABOR) AND NO. 93 - 953 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 690 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL 120 (1974):
FEB. 28, MAR. 5, 7, CONSIDERED AND PASSED SENATE.
MAR. 20, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
12435.
MAR. 28, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
12435.
MAR. 28, SENATE AND HOUSE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 15:
APR. 8, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-258, 88 STAT 54.
BE IN ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
THE INTERIOR SHALL CONVEY TO THOSE PERSONS WHO, ON THE DATE OF ENACTMENT
OF THIS ACT, ARE THE RECORD OWNERS OF THE SURFACE RIGHTS THEREOF, OR TO
THE HEIRS, SUCCESSORS, OR ASSIGNS OF SUCH PERSON OR PERSONS, ALL MINERAL
INTERESTS RESERVED TO THE UNITED STATES IN AND TO THE REAL PROPERTY
CONSISTING OF TWENTY ACRES AND MORE PARTICULARLY DESCRIBED IN SECTION 2
OF THIS ACT.
SEC. 2. THE REAL PROPERTY REFERRED TO IN THE FIRST SECTION OF THIS
ACT IS SITUATED IN UTAH COUNTY, UTAH, AND IS MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT SOUTH 151.8 FEET AND WEST 0.27 FEET FROM
THE NORTH QUARTER CORNER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 2
EAST, SALT LAKE BASE AND MERIDIAN, AND RUNNING THENCE SOUTH 89
DEGREES 54 MINUTES EAST 62.0 FEET; THENCE NORTH 0 DEGREE 06
MINUTES EAST 152.1 FEET; THENCE NORTH 89 DEGREES 29 MINUTES 44
SECONDS EAST 70 FEET; THENCE SOUTH 0 DEGREE 06 MINUTES WEST
165.62 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES EAST 164.97 FEET;
THENCE NORTH 0 DEGREE 0L MINUTES EAST 137 FEET; THENCE NORTH 89
DEGREES 51 MINUTES EAST 16.5 FEET; THENCE SOUTH 0 DEGREE 0L
MINUTES WEST 137 FEET; THENCE SOUTH 39 DEGREES 20 MINUTES WEST
135 FEET; THENCE SOUTH 51 DEGREES 0M MINUTES EAST 660 FEET;
THENCE NORTH 88 DEGREES 40 MINUTES WEST 268.8 FEET; THENCE SOUTH
0 DEGREE 28 MINUTES 30 SECONDS WEST 1262.9 FEET ALONG A FENCE
LINE; THENCE NORTH 89 DEGREES 46 MINUTES WEST 364.2 FEET; THENCE
NORTH 1 DEGREE 17 MINUTES 30 SECONDS EAST 1323.2 FEET; THENCE
EAST 4.34 FEET; THENCE NORTH 0 DEGREE 06 MINUTES EAST 466.7 FEET,
MORE OR LESS TO THE POINT OF BEGINNING.
SEC. 3. THE SECRETARY SHALL REQUIRE THE DEPOSIT OF A SUM OF MONEY
WHICH HE DEEMS SUFFICIENT TO COVER ESTIMATED ADMINISTRATIVE COSTS OF
THIS ACT. IF A CONVEYANCE IS NOT MADE PURSUANT TO THIS ACT, AND THE
ADMINISTRATIVE COSTS EXCEED THE DEPOSIT, THE SECRETARY SHALL BILL THE
APPLICANT FOR THE OUTSTANDING AMOUNT, BUT IF THE AMOUNT OF THE DEPOSIT
EXCEEDS THE ACTUAL ADMINISTRATIVE COSTS, THE SECRETARY SHALL REFUND THE
EXCESS.
SEC. 4. NO CONVEYANCE SHALL BE MADE UNLESS APPLICATION FOR
CONVEYANCE IS FILED WITH THE SECRETARY WITHIN SIX MONTHS OF THE DATE OF
APPROVAL OF THIS ACT AND UNLESS WITHIN THE TIME SPECIFIED BY HIM PAYMENT
IS MADE TO THE SECRETARY OF (1) ADMINISTRATIVE COSTS OF THE CONVEYANCE
AND (2) THE FAIR MARKET VALUE OF THE INTEREST TO BE CONVEYED. THE
AMOUNT OF THE PAYMENT REQUIRED SHALL BE THE DIFFERENCE BETWEEN THE
AMOUNT DEPOSITED AND THE FULL AMOUNT REQUIRED TO BE PAID UNDER THIS
SECTION. IF THE AMOUNT DEPOSITED EXCEEDS THE FULL AMOUNT REQUIRED TO BE
PAID, THE APPLICANT SHALL BE GIVEN A CREDIT OR REFUND FOR THE EXCESS.
SEC. 5. THE TERM "ADMINISTRATIVE COSTS" AS USED IN THIS ACT
INCLUDES, BUT IS NOT LIMITED TO, ALL COSTS OF (1) CONDUCTING AN
EXPLORATORY PROGRAM TO DETERMINE THE CHARACTER OF THE MINERAL DEPOSITS
IN THE LAND, (2) EVALUATING THE DATA OBTAINED UNDER THE EXPLORATORY
PROGRAM TO DETERMINE THE FAIR MARKET VALUE OF THE MINERAL RIGHTS TO BE
CONVEYED, AND (3) PREPARING AND ISSUING THE INSTRUMENT OF CONVEYANCE.
SEC. 6. MONEYS PAID TO THE SECRETARY FOR ADMINISTRATIVE COSTS SHALL
BE PAID TO THE AGNCY WHICH RENDERED THE SERVICE, AND DEPOSITED TO THE
APPROPRIATION THEN CURRENT. MONEYS PAID FOR THE MINERALS OR MINERAL
INTERESTS CONVEYED SHALL BE DEPOSITED INTO THE GENERAL FUND OF THE
TREASURY AS MISCELLANEOUS RECEIPTS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 732 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 725 ACCOMPANYING S. 265 (COMM. ON INTERIOR AND
INSULAR AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 4, CONSIDERED AND PASSED HOUSE.
MAR. 7, S. 265 CONSIDERED AND PASSED SENATE.
MAR. 20, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-257, 88 STAT 53, FUNERAL TRANSPORTATION AND LIVING
EXPENSE BENEFITS ACT OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SHORT TITLE
SECTION 1. THIS ACT MAY BE CITED AS THE "FUNERAL TRANSPORTATION AND
LIVING EXPENSE BENEFITS ACT OF 1974". //37 USC 406 NOTE.//
FINDINGS
SEC. 2. (A) THE UNITED STATES DID IN 1973 PROVIDE TRANSPORTATION AND
OTHER AMENITIES TO FAMILIES OF FIVE HUNDRED AND FIFTY-SIX RETURNED
PRISONERS OF WAR FOR REUNIONS UPON THESE MEN'S ARRIVAL IN THE
CONTINENTAL UNITED STATES AFTER RELEASE FROM IMPRISONMENT BY THE
GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM AND DID IN 1973 ALSO
PROVIDE TRANSPORTATION AND OTHER AMENITIES TO THESE RETURNED PRISONERS
OF WAR AND THEIR FAMILIES TO ATTEND CEREMONIES IN THEIR HONOR IN
WASHINGTON, DISTRICT OF COLUMBIA.
(B) THE REMAINS OF OTHER PRISONERS OF WAR, HAVING DIED IN CAPTIVITY
IN SOUTHEAST ASIA, ARE NOW BEING RETURNED TO THE UNITED STATES FOR
BURIAL.
(C) THE UNITED STATES OWES NO LESSER DEGREE OF RESPECT, HONOR OR
SOLICITUDE TO THE MEMORIES OF THE MEN WHO DIED IN CAPTIVITY AND THEIR
FAMILIES THAN IN THE CASES OF THOSE WHO SURVIVED AND RETURNED ALIVE TO
THE UNITED STATES.
(D) IT IS FITTING AND PROPER, THEREFORE, AS A MARK OF RESPECT TO
THOSE MEN WHO DIED IN CAPTIVITY WHILE SERVING IN THE ARMED FORCES OF THE
UNITED STATES, THAT COMPARABLE COURTESIES AND AMENITIES BE EXTENDED TO
THE FAMILIES OF THESE DECEASED MILITARY PERSONNEL.
BENEFITS
SEC. 3. (A) THE SECRETARY OF DEFENSE IS AUTHORIZED TO PROVIDE
FUNERAL TRANSPORTATION AND LIVING EXPENSES BENEFITS FOR THE FAMILY OF
ANY DECEASED MEMBER OF THE ARMED FORCES WHO SHALL HAVE DIED WHILE
CLASSIFIED AS A PRISONER OF WAR OR AS MISSING IN ACTION DURING THE
VIETNAM CONFLICT AND WHOSE REMAINS SHALL HAVE BEEN RETURNED TO THE
UNITED STATES AFTER JANUARY 27, 1973.
(B) SUCH BENEFITS SHALL INCLUDE TRANSPORTATION ROUNDTRIP FROM SUCH
FAMILY MEMBERS' PLACES OF RESIDENCE TO THE PLACE OF BURIAL FOR SUCH
DECEASED MEMBER OF THE ARMED FORCES, LIVING EXPENSES AND OTHER SUCH
ALLOWANCES AS THE SECRETARY SHALL DEEM APPROPRIATE.
(C) ELIGIBLE FAMILY MEMBERS SHALL INCLUDE THE DECEASED'S WIDOW,
CHILDREN, STEPCHILDREN, MOTHER, FATHER, STEPFATHER AND STEPMOTHER, OR IF
NONE OF THESE SHALL DISIRE TO BE GRANTED SUCH BENEFITS, THE DECEASED'S
BROTHERS, SISTERS, HALFBROTHERS AND HALFSISTERS.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 22, CONSIDERED AND PASSED SENATE.
MAR. 25, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-256, 88 STAT 52.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT ANY INDIVIDUAL WHO
WOULD BE CONSIDERED DISABLED UNDER SECTION 1614(A) (3) (E) OF THE SOCIAL
SECURITY ACT //87 STAT. 957.// EXCEPT THAT HE DID NOT RECEIVE AID UNDER
THE APPROPRIATE STATE PLAN FOR AT LEAST ONE MONTH PRIOR TO JULY 1973 MAY
BE CONSIDERED TO BE PRESUMPTIVELY DISABLED UNDER SECTION 1631(A) (4) (B)
OF THAT ACT //42 USC 1382C.// AND MAY BE PAID SUPPLEMENTAL SECURITY
INCOME BENEFITS UNDER TITLE XVI OF THAT ACT ON THE BASIS OF SUCH
PRESUMPTIVE DISABILITY, AND STATE SUPPLEMENTARY PAYMENTS UNDER SECTION
212 OF PUBLIC LAW 93 - 66 //86 STAT. 1465. 42 USC 1381.// AS THOUGH HE
HAD BEEN DETERMINED TO BE DISABLED WITHIN THE MEANING OF SECTION 1614(A)
(3) OF THE SOCIAL SECURITY ACT, //87 STAT. 155, 42 USC 1382 NOTE.// FOR
ANY MONTH IN CALENDAR YEAR 1974 FOR WHICH IT HAS BEEN DETERMINED THAT HE
IS OTHERWISE ELIGIBLE FOR SUCH BENEFITS WITHOUT REGARD TO THE
THREE-MONTH LIMITATION IN SECTION 1631(A) (4) (B) OF THAT ACT ON THE
PERIOD FOR WHICH BENEFITS MAY BE PAID TO PRESUMPTIVELY DISABLED
INDIVIDUALS, EXCEPT THAT NO SUCH BENEFITS MAY BE PAID ON THE BASIS OF
SUCH PRESUMPTIVE DISABILITY FOR ANY MONTH AFTER THE MONTH IN WHICH THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE HAS MADE A DETERMINATION AS
TO WHETHER SUCH INDIVIDUAL IS DISABLED, AS DEFINED IN SECTION 1614 (A)
(3) (A) OF THAT ACT.
SEC. 2. THE LAST SENTENCE OF SECTION 203(E) (2) OF THE FEDERAL-STATE
EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 1970 (AS ADDED BY SECTION 20
OF PUBLIC LAW 93 - 233) //84 STAT. 709; 87 STAT. 974, 26 USC 3304
NOTE.// IS AMENDED BY STRIKING OUT "APRIL" AND INSERTING IN LIEU THEREOF
"JULY".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 871 (COMM. ON WAYS AND MEANS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 5, CONSIDERED AND PASSED HOUSE.
MAR. 13, CONSIDERED AND PASSED SENATE, AMENDED.
MAR. 21, HOUSE CONCURRED IN SENATE AMENDMENTS, WITH AN
AMENDMENT.
MAR. 22, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-255, 88 STAT 52.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 105(E) OF
THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1968, AS AMENDED AND AS
MODIFIED BY THE ORDER OF THE PRESIDENT PRO TEMPORE OF THE SENATE OF
OCTOBER 4, 1973, IS AMENDED AS FOLLOWS: //81 STAT. 142, 2 USC 61 - 1,
60A.//
(1) IN PARAGRAPH (1), STRIKE OUT "RANGING FROM $18,525 TO" AND
INSERT IN LIEU THEREOF "AT NOT TO EXCEED".
(2) IN PARAGRAPH (2) (A), STRIKE OUT "$8,265 TO" EACH PLACE IT
AAPPEARS THEREIN AND INSERT IN LIEU THEREOF "NOT TO EXCEED".
(3) IN PARAGRAPH (2) (B), STRIKE OUT "$18,240 TO", "$14,250
TO", AND "$8,265 TO" AND INSERT IN LIEU THEREOF IN EACH PLACE "NOT
TO EXCEED".
SEC. 2. (A) SECTION 3246 OF TITLE 39, UNITED STATES CODE, //87 STAT.
745.// IS AMENDED BY STRIKING OUT ",AND THE PRINTED WORDS 'POSTAGE PAID
BY CONGRESS'".
(B) SECTION 733 OF TITLE 44, UNITED STATES CODE, IS AMENDED BY
STRIKING OUT "POSTAGE PAID BY CONGRESS." //82 STAT. 1253; 87 STAT.
745./
(C) SECTION 907 OF TITLE 44, UNITED STATES CODE, IS AMENDED BY
STRIKING OUR "POSTAGE PAID BY CONGRESS".
SEC. 3. (A) SECTION 5(D) OF THE ACT OF DECEMBERR 18, 1973 (87 STAT.
742; PUBLIC LAW 93 - 191), //2 USC 501.// IS AMENDED BY STRIKING OUT
"OR 3218" AND INSERTING IN LIEU THEREOF "3218, OR 3219".
(B) SECTION 6(A) OF THE ACT OF DECEMBER 18, 1973 (87 STAT. 744;
PUBLIC LAW 93 - 191), //2 USC 502.// IS AMENDED BY STRIKING OUT "OR
3218" AND INSERTING IN LIEU THEREOF ",3218, OR 3219".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 791 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 490 (COMM. ON POST OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): NOV. 13, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAR. 4, CONSIDERED AND PASSED HOUSE,
AMENDMENTS.
MAR. 19, SENATE CONCURRED IN HOUSE AMENDMENTS.
PUBLIC LAW 93-254, 88 STAT 50, MARINE PROTECTION, RESEARCH AND
SANCTUARIES ACT OF 1972, AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE MARINE
PROTECTION, RESEARCH, AND SANCTUARIES ACT OF 1972 (86 STAT. 1052) IS
AMENDED AS FOLLOWS: //33 USC 1401.//
(1) SECTION 2 IS AMENDED BY DELETING THE LAST SENTENCE THEREOF AND BY
ADDING A NEW SUBSECTION TO READ AS FOLLOWS:
"(C) IT IS THE PURPOSE OF THIS ACT TO REGULATE (1) THE TRANSPORTATION
BY ANY PERSON OF MATERIAL FROM THE UNITED STATES AND, IN THE CASE OF
UNITED STATES VESSELS, AIRCRAFT, OR AGENCIES, THE TRANSPORTATION OF
MATERIAL FROM A LOCATION OUTSIDE THE UNITED STATES, WHEN IN EITHER CASE
THE TRANSPORTATION IS FOR THE PURPOSE OF DUMPING THE MATERIAL INTO OCEAN
WATERS, AND (2) THE DUMPING OF MATERIAL TRANSPORTED BY ANY PERSON FROM A
LOCATION OUTSIDE THE UNITED STATES, IF THE DUMPING OCCURS IN THE
TERRITORIAL SEA OR THE CONTIGUOUS ZONE OF THE UNITED STATES.".
(2) SECTION 3 IS AMENDED-- //33 USC 1402.//
(A) IN SUBSECTION (C), BY DELETING "OIL WITHIN THE MEANING OF
SECTION 11 OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED
(33 U.S.C. 1161), AND DOES NOT MEAN SEWAGE FROM VESSELS WITHIN THE
MEANING OF SECTION 13 OF SUCH ACT (33 U.S.C. 1163)."., AND
INSERTING IN LIEU THEREOF "SEWAGE FROM VESSELS WITHIN THE MEANING
OF SECTION 312 OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS
AMENDED (33 U.S.C. 1322). //86 STAT. 871.// OIL WITHIN THE
MEANING OF SECTION 311 OF THE FEDERAL WATER POLLUTION CONTROL ACT,
AS AMENDED (33 U.S.C. 1321), //86 STAT. 862; 87 STAT. 906.//
SHALL BE INCLUDED ONLY TO THE EXTENT THAT SUCH OIL IS TAKEN ON
BOARD A VESSEL OR AIRCRAFT FOR THE PURPOSE OF DUMPING.";
(B) IN SUBSECTION (F), BY DELETING "(33 U.S.C. 1151 - 1175)",
AND INSERTING IN LIEU THEREOF "(33 U.S.C. 1251 - 1376)"; AND
(C) BY ADDING A NEW SUBSECTION TO READ AS FOLLOWS:
"(1) 'CONVENTION' MEANS THE CONVENTION ON THE PREVENTION OF MARINE
POLLUTION BY DUMPING OF WASTES AND OTHER MATTER.".
(3) SECTION 101 IS AMENDED TO READ AS FOLLOWS: //33 USC 1411.//
"(A) EXCEPT AS MAY BE AUTHORIZED BY A PERMIT ISSUED PURSUANT TO
SECTION 102 OR SECTION 103 OF THIS TITLE, //33 USC 1412, 1413.// AND
SUBJECT TO REGULATIONS ISSUED PURSUANT TO SECTION 108 OF THIS TITLE,
//33 USC 1418.//
"(1) NO PERSON SHALL TRANSPORT FROM THE UNITED STATES, AND
"(2) IN THE CASE OF A VESSEL OR AIRCRAFT REGISTERED IN THE
UNITED STATES OR FLOYING THE UNITED STATES FLAG OR IN THE CASE OF
A UNITED STATES DEPARTMENT, AGENCY, OR INSTRUMENTALITY, NO PERSON
SHALL TRANSPORT FROM ANY LOCATION.
ANY MATERIAL FOR THE PURPOSE OF DUMPING IT INTO OCEAN WATERS.
"(B) EXCEPT AS MAY BE AUTHORIZED BY A PERMIT ISSUED PURSUANT TO
SECTION 102 OF THIS TITLE, AND SUBJECT TO REGULATIONS ISSUED PURSUANT TO
SECTION 108 OF THIS TITLE, NO PERSON SHALL DUMP ANY MATERIAL TRANSPORTED
FROM A LOCATION OUTSIDE THE UNITED STATES (1) INTO THE TERRITORIAL SEA
OF THE UNITED STATES, OR (2) INTO A ZONE CONTIGUOUS TO THE TERRITORIAL
SEA OF THE UNITED STATES, EXTENDING TO A LINE TWELVE NAUTICAL MILES
SEAWARD FROM THE BASE LINE FROM WHICH THE BREADTH OF THE TERRITORIAL SEA
IS MEASURED, TO THE EXTENT THAT IT MAY AFFECT THE TERRITORIAL SEA OR THE
TERRITORY OF THE UNITED STATES.".
(4) SECTION 102 IS AMENDED--, //86 STAT. 1054, 33 USC 1412.//
(A) IN SUBSECTION (A)--
(I) BY DELETING THE WORDS "AS PROVIDED FOR IN SECTION 101 OF
THIS TITLE," AND INSERTING IN LIEU THEREOF THE WORDS "FOR WHICH NO
PERMIT MAY BE ISSUED,";
(II) BY ADDING, AFTER THE PHRASE "INSTRUMENTALITY OF THE UNITED
STATES,", THE WORDS "OR IN CASE OF A VESSEL OR AIRCRAFT REGISTERED
IN THE UNITED STATES OR FLYING THE UNITED STATES FLAG,"; AND
(III) BY ADDING AT THE END OF THE SUBSECTION THE FOLLOWING
SENTENCE: "TO THE EXTENT THAT HE MAY DO SO WITHOUT RELAXING THE
REQUIREMENTS OF THIS TITLE, THE ADMINISTRATOR, IN ESTABLISHING OR
REVISING SUCH CRITERIA, SHALL APPLY THE STANDARDS AND CRITERIA
BINDING UPON THE UNITED STATES UNDER THE CONVENTION, INCLUDING IT
ANNEXES."
(B) BY ADDING A NEW SUBSECTION TO READ AS FOLLOWS:
"(E) IN THE CASE OF TRANSPORTATION OF MATERIAL, BY A VESSEL OR
AIRCRAFT REGISTERED IN THE UNITED STATES OR FLYING THE UNITED STATES
FLAG, FROM A LOCATION IN A FOREIGN STATE PARTY TO THE CONVENTION, A
PERMIT ISSUED PURSUANT TO THE AUTHORITY OF THAT FOREIGN STATE PARTY, IN
ACCORDANCE WITH CONVENTION REQUIREMENTS, AND WHICH OTHERWISE COULD HAVE
BEEN ISSUED PURSUANT TO SUBSECTION (A) HEREOF, SHALL BE ACCEPTED, FOR
THE PURPOSES OF THIS TITLE, AS IF IT WERE ISSUED BY THE ADMINISTRATOR
UNDER THE AUTHORITY OF THIS SECTION.".
SEC. 2. THE AMENDMENTS MADE BY SUBPARAGRAPH 1(4) (A) (III) AND
PARAGRAPH 1(4) (B) OF THIS ACT SHALL BECOME EFFECTIVE ON THE DATE THAT
THE CONVENTION ON THE PREVENTION OF MARINE POLLUTION BY DUMPING OF
WASTES AND OTHER MATTERS ENTERS INTO FORCE FOR THE UNITED STATES. IN
ALL OTHER RESPECTS, THIS ACT SHALL BECOME EFFECTIVE ON THE DATE OF
ENACTMENT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 568 (COMM. ON MERCHANT MARINE AND FISHERIES).
SENATE REPORT NO. 93 - 726 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): OCT. 16, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): MAR. 8, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-253, 88 STAT 50, REORGANIZATION PLAN NO. 2 OF 1973,
AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) REORGANIZATION
PLAN NUMBERED 2 OF 1973 IS AMENDED BY-- //87 STAT. 1091, 5 USC APP.
11.//
(1) REPEALING SECTION 2;
(2) REPEALING SECTION 6(B) AND REDESIGNATING SECTION 6(A) AS
SECTION 6; AND
(3) STRIKING "AND TO THE SECRETARY OF THE TREASURY", AND "AND
TO THE DEPARTMENT OF THE TREASURY, RESPECTIVELY," FROM SECTION 8.
(B) THE REPEALS AND AMENDMENTS MADE BY SUBSECTION (A) SHALL BE
EFFECTIVE AS OF JULY 1, 1973.
SEC. 2. SECTION 2680(H) OF TITLE 28, UNITED STATES CODE, //62 STAT.
985.// IS AMENDED BY STRIKING OUT THE PERIOD AT THE END THEREOF AND
INSERTING IN LIEU THEREOF A COLON AND THE FOLLOWING: "PROVIDED, THAT,
WITH REGARD TO ACTS OR OMISSIONS OF INVESTIGATIVE OR LAW ENFORCEMENT
OFFICERS OF THE UNITED STATES GOVERNMENT, THE PROVISIONS OF THIS CHAPTER
AND SECTION 1346(B) OF THIS TITLE //62 STAT. 933; 72 STAT. 348.//
SHALL APPLY TO ANY CLAIM ARISING, ON OR AFTER THE DATE OF THE ENACTMENT
OF THIS PROVISO, OUT OF ASSAULT, BATTERY, FALSE IMPRISONMENT, FALSE
ARREST, ABUSE OF PROCESS, OR MALICIOUS PROSECUTION. FOR THE PURPOSE OF
THIS SUBSECTION, 'INVESTIGATIVE OR LAW ENFORCEMENT OFFICER' MEANS ANY
OFFICER OF THE UNITED STATES WHO IS EMPOWERED BY LAW TO EXECUTE
SEARCHES, TO SEIZE EVIDENCE, OR TO MAKE ARRESTS FOR VIOLATIONS OF
FEDERAL LAW.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 303 (COMM. ON GOVERNMENT OPERATIONS). SENATE
REPORT NO. 93 - 588 (COMM. ON GOVERNMENT OPERATIONS).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JULY 17, CONSIDERED AND PASSED HOUSE.
NOV. 30, CONSIDERED PASSED SENATE, AMENDED.
DEC. 3, RECONSIDERED AND PASSED SENATE, AMENDED.
VOL. 120 (1974): MAR. 5, HOUSE AGREED TO SENATE AMENDMENTS.
PUBLIC LAW 93-252, 88 STAT. 49
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT S.J. RES. 182, AMENDING
THE PROVISIONS OF SECTION 3(A) OF THE EMPLOYMENT ACT OF 1946, BE FURTHER
AMENDED BY CHANGING THE FILING DATE OF THE JOINT ECONOMIC COMMITTEE
REPORT FROM MARCH 13, 1974, TO MARCH 29, 1974. //87 STAT. 984, 15 USC
1022.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 809 (COMM. ON GOVERNMENT OPERATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 28, CONSIDERED AND PASSED HOUSE.
MARCH 1, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-251, 88 STAT 12.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED.
SEC. 1. (A) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS HEREBY AUTHORIZED TO UNDERTAKE THE PHASE I DESIGN
MEMORANDUM STAGE OF ADVANCED ENGINEERING AND DESIGN OF THE FOLLOWING
MULTI-PURPOSE WATER RESOURCES DEVELOPMENT PROJECTS, SUBSTANTIALLY IN
ACCORDANCE WITH, AND SUBJECT TO THE CONDITIONS RECOMMENDED BY THE CHIEF
OF ENGINEERS IN, THE REPORTS HEREINAFTER DESIGNATED.
MIDDLE ATLANTIC COASTAL AREA
THE PROJECT FOR HURRICANE-FLOOD PROTECTION AT VIRGINIA BEACH,
VIRGINIA: HOUSE DOCUMENT NUMBERED 92 - 365, AT AN ESTIMATED COST OF
$954,000.
JAMES RIVER BASIN
THE PROJECT FOR FLOOD PROTECTION FOR THE CIRY OF BUENA VISTA ON THE
MAURY RIVER, VIRGINIA: HOUSE DOCUMENT NUMBERED 93 - 56, AT AN ESTIMATED
COST OF $665,000.
SALT RIVER BASIN
THE PROJECT FOR CAMP GROUND LAKE ON BEECH FORK IN THE SALT RIVER
BASIN, KENTUCKY, FOR FLOOD PROTECTION AND OTHER PURPOSES: HOUSE
DOCUMENT NUMBERED 92 - 374, AT AN ESTIMATED COST OF $330,000.
PASCAGOULA RIVER BASIN
THE PROJECT FOR FLOOD PROTECTION AND OTHER PURPOSES ON BOWIE CREEK,
MISSISSIPPI: HOUSE DOCUMENT NUMBERED 92 - 359, AT AN ESTIMATED COST OF
$390,000.
PEARL RIVER BASIN
THE PROJECT FOR FLOOD CONTROL AND OTHER PURPOSES ON THE PEARL RIVER,
MISSISSIPPI: HOUSE DOCUMENT NUMBERED 92 - 282, AT AN ESTIMATED COST OF
$310,000.
UPPER MISSISSIPPI RIVER BASIN
THE PROJECT FOR FLOOD CONTROL AND OTHER PURPOSES ON THE ZUMBRO RIVER
AT ROCHESTER, MINNESOTA: REPORT OF THE CHIEF OF ENGINEERS DATED JUNE 7,
1973, IN HOUSE DOCUMENT NUMBERED 93 - 156, AT AN ESTIMATED COST OF
$150,000.
LOWER MISSISSIPPI RIVER BASIN
THE PROJECT FOR GREENVILLE HARBOR, GREENVILLE, MISSISSIPPE: SENATE
DOCUMENT NUMBERED 93 - 38, AT AN ESTIMATED COST OF $200,000.
THE PROJECT FOR FLOOD PROTECTION FOR THE EAST BANK OF THE MISSISSIPPI
RIVER, WARREN TO WILKINSON COUNTIES, MISSISSIPPI (NATHEX AREA): HOUSE
DOCUMENT NUMBERED 93 - 148, AT AN ESTIMATED COST OF $150,000.
THE PROJECT FOR FLOOD CONTROL AND OTHER PURPOSES ON THE EAST BANK OF
THE MISSISSIPPI RIVER, WARREN TO WILKINSON COUNTIES, MISSISSIPPI
(VICKSBURG-YAZ// AREA): HOUSE DOCUMENT NUMBERED 93 - 149, AT AN
ESTIMATED COST OF $150,000.
THE PROJECT FOR FLOOD CONTROL AND OTHER PURPOSES FOR THE BUSHLEY
BAYOU AREA OF THE RED RIVER BACKWATER AREA, LOUISIANA: HOUSE DOCUMENT
NUMBERED 93 - 157, AT AN ESTIMATED COST OF $300,000.
PEE DEE RIVER BASIN
THE PROJECT FOR FLOOD CONTROL AND OTHER PURPOSES ON ROARING RIVER
RESERVOIR, NORTH CAROLINA: IN ACCORDANCE WITH THE RECOMMENDATIONS OF
THE SECRETARY OF THE ARMY IN HIS REPORT DATED APRIL 12, 1971, ON TEH
DEVELOPMENT OF WATER RESOURCES IN APPALACHIA, AT AN ESTIMATED COST OF
$400,000.
ALTAMAHA RIVER BASIN
THE PROJECT FOR FLOOD CONTROL AND OTHER PURPOSES AT CURRY CREEK
RESERVOIR, GEORGIA: IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE
SECRETARY OF THE ARMY IN HIS REPORT DATED APRIL 12, 1971, ON THE
DEVELOPMENT OF WATER RESOURCES IN APPALACHIA, AT AN ESTIMATED COST OF
$400,000.
COOSA RIVER BASIN
THE PROJECT FOR FLOOD CONTROL AND OTHER PUSPOSES AT DALTON RESERVOIR,
CONASAUGA RIVER, GEORGIA: IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE
SECRETARY OF THE ARMY IN HIS REPORT DATED APRIL 12, 1971, ON THE
DEVOLOPMENT OF WATER RESOURCES IN APPALACHIA, AT AN ESTIMATED COST OF
$440,000.
GUADALUPE RIVER BASIN
THE PROJECT FOR FLOOD CONTROL AND OTHER PURPOSES ON THE BLANCO RIVER
AT CLOPTON CROSSING, TEXAS: HOUSE DOCUMENT NUMBERED 92 - 364, AT AN
ESTIMATED COST OF $177,000.
ARKANSAS RIVER BASIN
THE PROJECT FOR FLOOD PROTECTION AND OTHER PURPOSES ON THE ARKANSAS
RIVER AND TRIBUTRARIES ABOVE JOHN MARTIN DAM, COLORADO: HOUSE DOCUMENT
NUMBERED 93 - 143, AT AN ESTIMATED COST OF $1,140,000.
SPRING RIVER BASIN
THE PROJECT FOR FLOOD CONTROL AND OTHER PURPOSES ON CENTER CREEK NEAR
JOPLIN, MISSOURI: HOUSE DOCUMENT NUMBERED 92 - 361, AT AN ESTIMATED
COST OF $150,000.
COLUMBIA RIVER BASIN
THE PROJECT FOR INSTALLATION OF POWER GENERATING FACILITIES AT THE
LIBBY REREGULATING DAM, KOOTENAI RIVER, MONTANA: SENATE DOCUMENT
NUMBERED 93 - 29, AT AN ESTIMATED COST OF $75,000.
UMPQUA RIVER BASIN
THE PROJECT FOR FLOOD PROTECTION AND OTHER PURPOSES AT THE DAYS'
CREEK DAM, SOUTH UMPQUA RIVER, OREGON: HOUSE DOCUMENT NUMBERED 92 -
371, AT AN ESTIMATED COST OF $400,000.
(B) THE SECRETARY OF THE ARMY IS AUTHORIZED TO UNDERTAKE ADVANCED
ENGINEERING AND DESIGN FOR THE PROJECTS IN SUBSECTION (A) OF THIS
SECTION AFTER COMPLETION OF THE PHASE I DESIGN MEMORANDUM STAGE OF SUCH
PROJECTS. SUCH ADVANCED ENGINEERING AND DESIGN MAY BE UNDERTAKEN ONLY
UPON A FINDING BY THE CHIEF OF ENGINEERS, TRANSMITTED TO THE COMMITTEES
ON PUBLIC WORKS OF THE SENATE AND HOUSE OF REPRESENTATIVES, THAT THE
PROJECT IS WITHOUT SUBSTANTIAL CONTROVERSY, THAT IT IS SUBSTANTIALLY IN
ACCORDANCE WITH AND SUBJECT TO THE CONDITIONS RECOMMENDED FOR SUCH
PROJECT IN THIS SECTION, AND THAT THE ADVANCED ENGINEERING AND DESIGN
WILL BE COMPATIBLE WITH ANY PROJECT MODIFICATIONS WHICH MAY BE UNDER
CONSIDERATION. THERE IS AUTHORIZED TO CARRY OUT THIS SUBSECTION NOT TO
EXCEED $5,000,000. NO FUNDS APPROPRIATED UNDER THIS SUBSECTION MAY BE
USED FOR LAND ACQUISITION OR COMMENCEMENT OF CONSTRUCTION.
SEC. 2. SECTIONS 201 AND 202 AND THE LAST THREE SENTENCES IN SECTION
203 OF THE FLOOD CONTROL ACT OF 1968 SHALL APPLY TO ALL PROJECTS
AUTHORIZED IN THIS SECTION. //82 STAT. 739, 33 USC 701C NOTE, 701 - 1
NOTE.// THE FOLLOWING WORKS OF IMPROVEMENT FOR THE BENEFIT OF NAVIGATION
AND THE CONTROL OF DESTRUCTIVE FLOODWATERS AND OTHER PURPOES ARE HEREBY
ADOPTED AND AUTHORIZED TO BE PROSECUTED THE SECRETARY OF THE ARMY,
ACTING THROUGH THE CHIEF OF ENGINEERS, IN ACCORDANCE WITH THE PLANS AND
SUBJECT TO THE CONDITIONS RECOMMENDED BY THE CHIEF OF ENGINEERS IN THE
RESPECTIVE REPORTS HEREINAFTER DESIGNATED.
DELAWARE RIVER BASIN
THE PROJECT FOR LOCAL FLOOD PROTECTION ON WABASH CREEK, BOROUGH OF
TAMAQUA, PENNSYLVANIA: IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE
SECRETARY OF THE ARMY IN HIS REPORT DATED APRIL 12, 1971, ON THE
DEVELOPMENT OF WATER RESOURCES IN APPALACHIA, AT AN ESTIMATED COST OF
$2,355,000.
CHARLES RIVER WATERSHED
THE PROJECT FOR FLOOD CONTROL AND OTHER PURPOSES IN THE CHARLES RIVER
WATERSHED, MASSACHUSETTS: REPORT OF THE CHIEF OF ENGINEERS DATED
DECEMBER 6, 1972, AT AN ESTIMATED COST OF $7,340,000.
UPPER MISSISSIPPI RIVER BASIN
THE PROJECT FOR FLOOD CONTROL AND OTHER PURPOSESW AT PRAIRIE DU
CHIEN, WISCONSIN: REPORT OF THE CHIEF OF ENGINEERS DATED FEBRUARY 9,
1972, AT AN ESTIMATED COST OF $1,840,000.
SEC. 3. (A) THE WEST TENNESSEE TRIBUTARIES FEATURE, MISSISSIPPI
RIVER AND TRIBUTARIES PROJECT (OBION AND FORKED DEER RIVERS), TENNESSEE,
AUTHORIZED BY THE FLOOD CONTROL ACTS APPROVED JUNE 30, 1948, AND
NOVEMBER 7, 1966, AS AMENDED AND MODIFIED, //62 STAT. 1178, 80 STAT.
1423.// IS HEREBY FURTHER AMENDED TO AUTHORIZE THE SECRETARY OF THE
ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO ACQUIRE THIRTY-TWO
THOUSAND ACRES OF LAND FOR THE MITIGATION OF FISH AND WILDLIFE
RESOURCES, RECREATION, AND ENVIRONMENTAL PURPOSES. SUCH LANDS SHALL BE
MADE AVAILABLE FOR PUBLIC USE, CONSISTENT WITH GOOD WILDLIFE MANAGEMENT
PRACTICES.
(B) DUE TO THE URGENCY OF COMPLETION OF THE WEST TENNESSEE
TRIBUTARIES FEATURE AND THE NECESSITY TO PRESERVE WILDLIFE HABITAT, THE
SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, IS HEREBY
AUTHORIZED TO ENTER IMMEDIATELY INTO LEASEHOLD AGREEMENTS, ACCEPT
DONATIONS, ACQUIRE BY DIRECT PURCHASE, AND TO INSTITUTE EMINENT DOMAIN
PROCEEDINGS TO INSURE THE PRESERVATION OF THE NECESSARY LANDS IN THEIR
NATURAL STATE AND TO FURTHER THE OBJECTIVES OF THIS SECTION.
(C) FINAL DETAILS AND DESIGNS OF THIS MITIGATION FEATURE SHALL
CONSIST OF PLANS APPROVED BY THE SECRETARY OF THE ARMY, THE SECRETARY OF
THE INTERIOR, AND THE GOVERNOR OF THE STATE OF TENNESSEE AFTER
CONSULTATION WITH THE TENNESSEE GAME AND FISH COMMISSION PRIOR TO THE
CONVEYANCE BY THE SECRETARY OF THE ARMY TO THE STATE OF TENNESSEE AS
PROVIDED IN SUBSECTION (D).
(D) THE SECRETARY OF THE ARMY IS AUTHORIZED AND DIRECTED TO CONVEY
WITHOUT MONETARY CONSIDERATION, TO THE STATE OF TENNESSEE ALL RIGHT,
TITLE, AND INTEREST OF THE UNITED STATES IN THE LANDS AND DEVELOPMENTS
ACQUIRED UNDER THE AUTHORITY OF THIS SECTION. PRIOR TO SUCH CONVEYANCE
THE STATE OF TENNESSEE OR ITS APPROPRIATE DESIGNEE SHALL AGREE IN
WRITING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 221 OF THE FLOOD
CONTROL ACT OF 1970, //84 STAT. 1831; 85 STAT. 799. 42 USC 1962D -
5B.// TO OPERATE MAINTAIN, AND MANAGE THE AGREED-UPON MITIGATION LANDS
AND DEVELOPMENTS AT NO EXPENSE TO THE UNITED STATES. IN ADDITION, THE
DEED OF CONVEYANCE TO THE LANDS AND DEVELOPMENTS SHALL PROVIDE THAT THEY
SHALL CONTINUE TO BE USED FOR WILDLIFE PURPOSES IN ACCORDANCE WITH THE
PLANS OF SUBSECTION (B) AND THE TITLE TO SUCH LANDS OR DEVELOPMENTS,
WHICH HAVE BEEN PROVIDED AT FEDERAL EXPENSE UNDER THE AUTHORITY OF THIS
SUBSECTION SHALL REVERT TO THE UNITED STATES IF THEY CEASE TO BE USED
FOR SUCH PURPOSES.
(E) NOT LESS THAN 20 PER CENTUM OF THE FUNDS APPROPRIATED EACH FISCAL
YEAR FOR THE CONSTRUCTION OF THE WEST TENNESSEE TRIBUTARIES FEATURE,
MISSISSIPPI RIVER AND TRIBUTARIES PROJECT, SHALL BE EXPENDED TO
IMPLEMENT THE MITIGATION PROGRAM AUTHORIZED BY THIS SECTION, UNTIL THE
ENTIRE AMOUNT OF FUNDS AUTHORIZED BY THIS SECTION HAS BEEN EXPENDED.
(F) TEH SUM OF $6,600,000 IS HEREBY AUTHORIZED TO BE APPROPRIATED TO
CARRY OUT THE PURPOSES OF THIS SECTION, AND SUCH SUM SHALL BE IN
ADDITION TO FUNDS PREVIOUSLY AUTHORIZED FOR THE WEST TENNESSEE
TRIBUTARIES FEATURE.
SEC. 4. THE PROJECT FOR BEACH EROSION CONTROL ON EDIZ HOOK AT PORT
ANGELES, WASHINGTON, IS AUTHORIZED SUBSTANTIALLY IN ACCORDANCE WITH THE
RECOMMENDATIONS OF THE CHIEF OF ENGINEERS IN HOUSE DOCUMENT NUMBERED 93
- 101, AT AN ESTIMATED COST OF $4,553,000. THE SECRETARY OF THE ARMY,
ACTING THROUGH THE CHIEF OF ENGINEERS IS AUTHORIZED TO UNDERTAKE, IN
CONNECTION WITH SUCH PROJECT, SUCH EMERGANCY INTERIM MEASURES AS MAY BE
NECESSARY TO PREVENT THE BREACHING OF EDIZ HOOK PRIOR TO CONSTRUCTION OF
THE AUTHORIZED PROJECT.
SEC. 5. THE PROJECT FOR FLOOD CONTROL, WATER SUPPLY, AND RELATED PU
RPOSES, IN THE POCATALICO RIVER BASIN, WEST VIRGINIA, IS HEREBY
AUTHORIZED SUBSTANTIALLY IN ACCORDANCE WITH THE RECOMMENDATIONS
CONTAINED IN THE POCATILICO RIVER BASIN JOINT STUDY INTERIM REPORT
PREPARED BY THE CORPS OF ENGINEERS AND THE SOIL CONSERVATION SERVICE, AT
AN ESTIMATED COST OF $3,568,900, WITH THE FUNDS TO BE APPROPRIATED FOR
USE BY THE SECRETARY OF AGRICULTURE, CONTINGENT UPON PROJECT APPROVAL BY
THE PRESIDENT.
SEC. 6. SECTION 103 OF THE RIVER AND HARBOR ACT OF 1970 IS AMENDED
TO READ AS FOLLOWS: //84 STAT. 1819.//
"SEC. 103. THE COST OF OPERATION AND MAINTENANCE OF THE GENERAL
NAVIGATION FEATURES OF SMALL BOAT HARBOR PROJECTS SHALL BE BORNE BY THE
UNITED STATES. THIS SECTION SHALL APPLY TO ANY SUCH PROJECT AUTHORIZED
(A) UNDER SECTION 201 OF THE FLOOD CONTROL ACT OF 1965, //79 STAT.
1073.// (B) UNDER SECTION 107 OF THE RIVER AND HARBOR ACT OF 1960, //42
USC 1962D - 5.// (C) BETWEEN JANUARY 1, 1970, AND DECEMBER 31, 1970,
UNDER AUTHORITY OF THIS ACT, //74 STAT. 846.// AND TO PROJECTS
HERETOFORE AUTHORIZED IN ACCORDANCE WITH THE POLITY SET FORTH IN THE
PRECEDING SENTENCE AND TO SUCH PROJECTS AUTHORIZED IN THIS ACT OR WHICH
ARE HEREAFTER AUTHORIZED." //33 USC 577.//
SEC. 7. (A) SECTION 116(A) OF THE RIVER AND HARBOR ACT OF 1970
(PUBLIC LAW 91 - 611) //84 STAT. 1822.// IS AMENDED BY INSERTING BEFORE
THE PERIOD THE FOLLOWING: ", AND THEREAFTER TO MAINTAIN SUCH CHANNEL
FREE OF SUCH TREES, ROOTS, DEBRIS, AND OBJECTS".
(B) SECTION 116(C) OF THE RIVER AND HARBOR ACT OF 1970 (PUBLIC LAW 91
- 611) IS AMENDED BY INSERTING BEFORE THE PERIOD THE FOLLOWING: "TO
CLEAR THE CHANNEL, AND NOT TO EXCEED $150,000 EACH FISCAL YEAR
THEREAFTER TO MAINTAIN SUCH CHANNEL".
(C) SECTION 116(B) OF THE RIVER AND HARBOR ACT OF 1970 (PUBLIC LAW 91
- 611 //84 STAT. 1822.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: "NON-FEDERAL INTERESTS SHALL PAY 25 PER CENTUM OF THE SCOST
OF MAINTAINING THE CHANNEL FREE OF TREES, ROOTS, DEBIRS, AND OBJECTS."
SEC. 8. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED TO OPERATE AND MAINTAIN THE SAN FRANCISCO
BAY-DELTA MODEL IN SAUSALITO, CLLIFORNIA, FOR THE PURPOSE OF TESTING
PROPOSALS AFFECTING THE ENVIRONMENTAL QUALITY OF THE REGION, INCLUDING
BUT NOT LIMITED TO, SALINITY INTRUSION, DISPERSION OF POLLUTANTS, WATER
QUALITY, IMPROVEMENTS FOR NAVIGATION, DREDGING, BAY FILL, PHYSICAL
STRUCTURES, AND OTHER SHORELINE CHANGES WHICH MIGHT AFFECT THE REGIMEN
OF THE BAY-DELTA WATERS.
SEC. 9. THE REQUIREMENT IN ANY WATER RESOURCES DEVELOPMENT PROJECT
UNDER THE JURISDICTION OF THE SECRETARY OF THE ARMY, THAT NON-FEDERAL
INTERESTS HOLD AND SAVE THE UNITED STATES FREE FROM DAMAGES DUE TO THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE UNITED STAQTES OR ITS
CONTRACTORS.
SEC. 10. THE MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM,
AUTHORIZED BY THE ACT ENTITLED "AN ACT AUTHORIZING THE CONSTRUCTION OF
CERTAIN PUBLIC WORKS ON RIVERS AND HARBORS FOR FLOOD CONTROL, AND FOR
OTHER PURPOSES", APPROVED JUNE 28, 1938 (52 STAT. 1215), AS AMENDED AND
SUPPLEMENTED, IS HEREBY FURTHER MODIFIED TO INCLUDE ALTERATION AT
FEDERAL EXPENSE OF THE MUNICIPAL WATER SUPPLY FACILITIES OF THE CITY OF
CONWAY, ARKANSAS, BY THE CONSTRUCTION OF WATER SUPPLY IMPOUNDMENT
FACILITIES AT A LOCATION OUTSIDE THE FLAT FLOOD PLAIN OF CADRON CREEK,
TOGETHER WITH INTERCONNECTING PIPELINE AND OTHER APPURTENANT WORK, SO
THAT THE WATER SUPPLY CAPACITY OF THE RESULTANT MUNICIPAL FACILITIES IS
APPROXIMATELY EQUIVALENT TO THAT EXISTING PRIOR TO CONSTRUCTION OF THE
NAVIGATION SYSTEM.
SEC. 11. (A) THE SECRETARY OF THE ARMY IS HEREBY AUTHORIZED AND
DIRECTED TO CAUSE SURVEYS TO BE MADE AT THE FOLLOWING LOCATIONS FOR
FLOOD CONTROL AND ALLIED PURPOSES, AND SUBJECT TO ALL APPLICABLE
PROVISIONS OF SECTION 217 OF THE FLOOD CONTROL ACT OF 1970 (PUBLIC LAW
91 - 611): //84 STAT. 1830.//
SAN LUIS OBISPO COUNTY, CALIFORNIA. BUFFALO RIVER BASIN, NEW
YORK (WASTEWATER MANAGEMENT STUDY).
PALO BLANCO CREEK AND CIBOLO CREEK, AT AND IN THE VICINITY OF
FALFURRIAS, TEXAS.
(B) THE SECRETARY OF THE ARMY IS HEREBY AUTHORIZED AND DIRECTED TO
CAUSE SURVEYS TO BE MADE AT THE FOLLOWING LOCATIONS AND SUBJECT TO ALL
APPLICABLE PROVISIONS OF SECTION 110 OF THE RIVER AND HARBOR ACT OF
1950: //64 STAT. 168.//
MIAMI RIVER, FLORIDA, WITH A VIEW TO DETERMINING THE
FEASIBILITY AND ADVISABILITY OF DREDGING THE RIVER IN THE INTEREST
OF WATER QUALITY.
PORT LAS MAREAS, PUERTO RICO, WITH A VIEW TO DETERMINING THE
FEASIBILITY AND ADVISABILITY OF ASSUMPTION OF MAINTENANCE OF THE
PROJECT BY THE UNITED STATES.
SAINT MARYS RIVER AT, AND IN THE VICINITY OF SAULT SAINTE
MARIE, MICHIGAN, WITH A VIEW TO DETERMINING THE ADVISABILITY OF
DEVELOPING A DEEP DRAFT NAVIGATION HARBOR AND INTERNATIONAL PORT.
EAST TWO RIVERS BETWEEN TOWER, MINNESOTA, AND VERMILLION LAKE.
SEC. 12. (A) AS SOON AS PRACTICABLE AFTER THE DATE OF ENACTMENT OF
THIS SECTION AND AT LEAST ONCE EACH YEAR THEREAFTER, THE SECRETARY OF
THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, SHALL REVIEW AND SUBMIT
TO CONGRESS A LIST OF THOSE AUTHORIZED PROJECTS FOR WORKS OF IMPROVEMENT
OF RIVERS AND HARBORS AND OTHER WATERWAYS FOR NAVIGATION, BEACH EROSION,
FLOOD CONTROL, AND OTHER PURPOSES WHICH HAVE BEEN AUTHORIZED FOR A
PERIOD OF AT LEAST EIGHT YEARS WITHOUT ANY CONGRESSIONAL APPROPRIATIONS
WITHIN THE LAST EIGHT YEARS AND WHICH HE DETERMINES, AFTER APPROPRIATE
REVIEW, SHOULD NO LONGER BE AUTHORIZED. EACH PROJECT SO LISTED SHALL BE
ACCOMPANIED BY THE RECOMMENDATION OF THE CHIEF OF ENGINEERS TOGETHER
WITH HIS REASONS FOR SUCH RECOMMENDATION. PRIOR TO THE SUBMISSION OF
SUCH LIST TO THE CONGRESS, THE SECRETARY OF THE ARMY, ACTING THROUGH THE
CHIEF OF ENGINEERS, SHALL BOTAIN THE VIEWS OF INTERESTED FEDERAL
DEPARTMENTS, AGENCIES, AND INSTTUMENTALITIES, AND OF THE GOVERNOR OF
EACH STATE WHEREIN SUCH PROJECT WOULD BE LOCATED, WHICH VIEWS SHALL BE
FURNISHED WITHIN SIXTY DAYS AFTER BEING REQUESTED BY THE SECRETARY AND
WHICH SHALL ACCOMPANY THE LIST SUBMITTED TO CONGRESS. PRIOR TO THE
SUBMISSION OF SUCH LIST TO CONGRESS THE SECRETARY OF THE ARMY, ACTING
THROUGH THE CHIEF OF ENGINEERS, SHALL NOTIFY EACH SENATOR IN WHOSE
STATE, AND EACH MEMBER OF THE HOUSE OF REPRESENTATIVES IN WHOSE
DISTRICT, A PROJECT (INCLUDING ANY PART THEREOF) ON SUCH LIST WOULD BE
LOCATED.
(B) SUCH LIST SHALL BE DELIVERED TO BOTH HOUSES ON THE SAME DAY AND
TO EACH HOUSE WHILE IT IS IN SESSION. A PROJECT ON SUCH LIST SHALL NOT
BE AUTHORIZED AT THE END OF THE FIRST PERIOD OF ONE HUNDRED AND EIGHTY
CALENDAR DAYS OF CONTINUOUS SESSION OF CONGRESS AFTER THE DATE SUCH LIST
IS DELIVERED TO IT UNLESS BETWEEN THE DATE OF DELIVERY AND THE END OF
SUCH ONE HUNDRED AND EIGHTY-DAY PERIOD, EITHER THE COMMITTEE ON PUBLIC
WORKS OF THE HOUSE OF REPRESENTATIVES OR THE COMMITTEE ON PUBLIC WORKS
OF THE SENATE ADOPTS A RESOLUTION STATING THAT SUCH PROJECT SHALL
CONTINUE TO BE AN AUTHORIZED PROJECT. FOR THE PURPOSES OF THIS SECTION
CONTINUITY OF SESSION IS ONLY BY AN ADJOURNMENT OF CONGRESS SINE DIE,
AND THE DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN
ADJOURNMENT OF MORE THAN THREE DAYS TO A DAY CERTAIN ARE EXCLUDED IN THE
COMPUTATION OF THE ONE HUNDRED AND EIGHTY-DAY PERIOD. THE PROVISIONS OF
THIS SECTION SHALL NOT APPLY TO ANY PROJECT CONTAINED IN A LIST OF
PROJECTS SUBMITTED TO THE CONGRESS WITHIN ONE HUNDRED AND EIGHTY DAYS
PRECEDING THE DATE OF ADJOURNMENT SINE DIE OF ANY SESSION OF CONGRESS.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED SO AS TO PRECLUDE THE
SECRETARY FROM WITHDRAWING ANY PROJECT OR PROJECTS FROM SUCH LIST AT ANY
TIME PRIOR TO THE FINAL DAY OF THE PERIOD PROVIDED FOR IN SUBSECTION
(B).
(D) THIS SECTION SHALL NOT BE APPLICABLE TO ANY PROJECT WHICH HAS
BEEN INCLUDED IN A RESOLUTION ADOPTED PURSUANT TO SUBSECTION (B).
(E) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS,
SHALL, ON REQUEST BY RESOLUTION OF THE COMMITTEE ON PUBLIC WORKS OF THE
SENATE OR THE COMMITTEE ON PUBLIC WORKS OF THE HOUSE OF REPRESENTATIVES,
REVIEW AUTHORIZED PROJECTS FOR INCLUSION IN THE LIST OF PROJECTS
PROVIDED FOR IN SUBSECTION (A) OF THIS SECTION. IF ANY PROJECT SO
REVIEWED IS NOT INCLUDED IN ANY OF THE FIRST THREE LISTS SUBMITTED TO
THE CONGRESS AFTER THE DATE OF THE RESOLUTION DIRECTING THE REVIEW OF
THE PROJECT, A REPORT ON THE REVIEW TOGETHER WITH THE REASONS FOR NOT
RECOMMENDING DEAUTHORIZATION, SHALL BE SUBMITTED TO THE COMMITTEES ON
PUBLIC WORKS OF THE SENATE AND HOUSE OF REPRESENTATIVES NOT LATER THAN
THE DATE OF THE THIRD LIST SUBMITTED TO CONGRESS AFTER THE DATE OF SUCH
RESOLUTION.
SEC. 13. SECTION 207 (C) OF THE FLOOD CONTROL ACT OF 1960 (33 U.S.
C. 701R - 1(C) IS HEREBY AMENDED TO READ AS FOLLOWS: //76 STAT.
1196.//
"(C) FOR WATER RESOURCES PROJECTS TO BE CONSTRUCTED IN THE FUTURE.
WHEN THE TAKING BY THE FEDERAL GOVERNMENT OF AN EXISTING PUBLIC ROAD
NECESSITATES REPLACEMENT, THE SUBSTITUTE PROVIDED WILL, AS NEARLY AS
PRACTICABLE, SERVE IN THE SAME MANNER AND REASONABLY AS WELL AS THE
EXISTING ROAD. THE HEAD OF THE AGENCY CONCERNED IS AUTHORIZED TO
CONSTRUCT SUCH SUBSTITUTE ROADS TO THE DESIGN STANDARDS WHICH THE STATE
OR OWNING POLITICAL DIVISION WOULD USE IN CONSTRUCTING A NEW ROAD UNDER
SIMILAR CONDITIONS OF GEOGRAPHY AND UNDER SIMILAR TRAFFIC LOADS (PRESENT
AND PROJECTED). IN ANY CASE WHERE A STATE OR POLITICAL SUBDIVISION
THEREOF REQUESTS THAT SUCH A SUBSTITUTE ROAD BE CONSTRUCTED TO A HIGHER
STANDARD THAT THAT PROVIDED FOR IN THE PRECEDING PROVISIONS OF THIS
SUBSECTION, AND PAYS, PRIOR TO COMMENCEMENT OF SUCH CONSTRUCTION, THE
ADDITIONAL COSTS INVOLVED DUE TO SUCH HIGHER STANDARD. FEDERAL COSTS
UNDER THE PROVISIONS OF THIS SUBSECTION SHALL BE PART OF THE
NONREIMBURSABLE PROJECT COSTS."
SEC. 14. THE PROJECT FOR THE SANDRIDGE DAM AND RESERVOIR, ELLICOTT
CREEK, NEW YORK, FOR FLOOD PROTECTION AND OTHER PURPOSES AS AUTHORIZED
BY THE FLOOD CONTROL ACT OF 1970, //84 STAT. 1824.// IS HEREBY MODIFIED
TO AUTHORIZE THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, TO UNDERTAKE REMEDIAL FLOOD CONTROL MEASURES TO ALLEVIATE
FLOODING IN THE REACH BETWEEN STAHL ROAD AND NIAGARA FALLS BOULEVARD
THAT ARE COMPATIBLE WITH THE DIVERSION CHANNEL PLAN CONTAINED IN THE
REPORT OF THE DISTRICT ENGINEER, UNITED STATES ARMY ENGINEER DISTRICT.
BUFFALO, DATED AUGUST 1973, SUCH WORK TO BE SUBJECT TO THE ITEMS OF
LOCAL COOPERATION REQUIRED FOR SIMILAR PROJECTS AND SUCH WORK TO BE
LIMITED TO AREAS DOWNSTREAM FROM SWEETHOME ROAD IN THE TOWN OF AMHERST,
NEW YORK, AND SUCH OTHER AREAS AS THE SECRETARY MAY DEEM NECESSARY. THE
WORK AUTHORIZED BY THIS SECTION SHALL BE COMPATIBLE WITH THE AUTHORIZED
PROJECT AND ANY ALTERNATIVES CURRENTLY UNDER STUDY PURSUANT TO THE FLOOD
CONTROL ACT OF 1970.
SEC. 15. THE PROJECT FOR NAVIGATION AT LITTLE RIVER INLET, SOUTH
CAROLINA, AUTHORIZED UNDER PROVISIONS OF SECTION 201 OF THE FLOOD
CONTROL ACT OF OCTOBER 27, 1965 (PUBLIC LAW 89 - 298), //79 STAT.
1073.// IS HEREBY MODIFIED TO AUTHORIZE AND DIRECT THE SECRETARY OF THE
ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO PERFORM SUCH EMERGENCY
DREDGING OPERATIONS AS THE CHIEF OF ENGINEERS DETERMINES NECESSARY TO
MAINTAIN CHANNEL DEPTHS SUFFICENT TO PERMIT FREE AND SAFE MOVEMENT OF
VESSELS UNTIL SUCH TIME AS THE AUTHORIZED PROJECT IS CONSTRUCTED.
SEC. 16. (A) THE COMPREHENSIVE PLAN FOR FLOOD CONTROL AND OTHER
PURPOSES IN THE WHITE RIVER BASIN, AS AUTHORIZED BY THE ACT OF JUNE 28,
1938 (52 STAT. 1215), AND AS MODIFIED AND AMENDED BY SUBSEQUENT ACTS IS
FURTHER MODIFIED TO PROVIDE FOR A FREE HIGHWAY BRIDGE BUILT TO MODERN
STANDARDS OVER THE NORFORK RESERVOIR AT AN APPROPRIATE LOCATION IN THE
AREA WHERE UNITED STATES HIGHWAY 62 AND ARKANSAS STATE HIGHWAY 101 WERE
INUNDATED AS A RESULT OF THE CONSTRUCTION OF THE NORFORK DAM AND
RESERVOIR. SUCH BRIDGE SHALL BE CONSTRUCTED BY THE CHIEF OF ENGINEERS
IN ACCORDANCE WITH SUCH PLANS AS ARE DETERMINED TO BE SATISFACTORY BY
THE SECRETARY OF THE ARMY TO PROVIDE ADEQUATE CROSSING FACILITIES.
PRIOR TO CONSTRUCTION THE SECRETARY OF THE ARMY, ACTING THROUGH THE
CHIEF OF ENGINEERS, SHALL ENTER INTO AN AGREEMENT WITH APPROPRIATE
NON-FEDERAL INTERESTS AS DETERMINED BY HIM, WHICH SHALL PROVIDE THAT
AFTER CONSTRUCTION SUCH NON-FEDERAL INTERESTS SHALL OWN, OPERATE, AND
MAINTAIN SUCH BRIDGES AND APPROACH FACILITIES FREE TO THE PUBLIC.
(B) THE COST OF CONSTRUCTING SUCH BRIDGE SHALL BE BORNE BY THE UNITED
STATES EXCEPT THAT THE STATE OF ARKANSAS SHALL, UPON COMPLETION OF SUCH
BRIDGE, REIMBURSE THE UNITED STATES THE SUM OF $1,342,000 PLUS INTEREST,
COMPOUNDED ANNUALLY, FOR THE PERIOD FROM MAY 29, 1943, TO THE DATE OF
ENACTMENT OF THIS ACT. SUCH INTEREST SHALL BE COMPUTED AT RATES
DETERMINED BY THE SECRETARY OF THE TREASURY TO BE EQUAL TO THE AVERAGE
ANNUAL RATES PAYABLE ON ALL INTEREST-BEARING OBLIGATIONS OF THE UNITED
STATES FORMING A PART OF THE PUBLIC DEBT FOR EACH YEAR DURING THIS
PERIOD, AND ADJUSTED TO THE NEAREST ONE-EIGHTH OF 1 PER CENTUM.
SEC. 17. THE PROJECTS FOR MELVERN LAKE AND POMONA LAKE, KANSAS,
AUTHORIZED AS UNITS OF THE COMPREHENSIVE PLAN FOR FLOOD CONTROL AND
OTHER PURPOSES, MISSOURI RIVER BASIN, BY THE FLOOD CONTROL ACT APPROVED
SEPTEMBER 3, 1954, //68 STAT. 1261.// ARE HEREBY MODIFIED TO AUTHORIZE
THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO
IMPROVE SURFACE ROADS IN THE VICINITY OF SUCH PROJECTS WHICH HE
DETERMINES TO BE NECESSARY FOR APPROPRIATE UTILIZATION OF SUCH PROJECTS.
THE FEDERAL SHARE OF THE WORK PERFORMED UNDER THIS SECTION SHALL NOT
EXCEED 70 PER CENTUM OF THE COSTS OF SUCH WORK. THERE IS AUTHORIZED TO
BE APPROPRIATED TO THE SECRETARY NOT TO EXCEED $500,000 TO CARRY OUT
THIS SECTION.
SEC. 18. THE PROJECT FOR TUTTLE CREEK RESERVOIR, BIG BLUE RIVER,
KANSAS, AUTHORIZED AS A UNIT OF THE COMPREHENSIVE PLAN FOR FLOOD CONTROL
AND OTHER PURPOSES, MISSOURI RIVER BASIN BY THE FLOOD CONTROL ACT
APPROVED JUNE 28, 1938, AS MODIFIED, //52 STAT. 1218.// IS HEREBY
FURTHER MODIFIED TO AUTHORIZE THE SECRETARY OF THE ARMY ACTING THROUGH
THE CHIEF OF ENGINEERS, IN HIS DISCRETION TO IMPROVE THAT PORTION OF FAS
1208 EXTENDING FROM THE INTERSECTION WITH KANSAS STATE HIGHWAY 13 IN
SECTION 5, TOWNSHIP 9 SOUTH, RANGE 8 EAST, THENCE NORTH AND WEST TO THE
INTERSECTION WITH COUNTRY ROAD IN SECTION 14, TOWNSHIP 8 SOUTH, RANGE 7
EAST, APPROXIMATELY 5.78 MILES. THE FEDERAL SHARE OF THE WORK PERFORMED
UNDER THIS SECTION SHALL NOT EXCEED 70 PER CENTUM OF THE COSTS OF SUCH
WORK. THERE IS AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY NOT TO
EXCEED $500,000 TO CARRY OUT THIS SECTION.
SEC. 19. (A) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO CONVEY TO THE ANDREW JACKSON
LODGE NUMBERED 5, FRATERNAL OFERE OF POLICE OF NASHVILLE, TENNESSEE
(HEREAFTER IN THIS SECTION REFERRED TO AS THE "LODGE"), ALL RIGHT,
TITLE, AND INTEREST OF THE UNITED STATES IN AND TO THAT REAL PROPERTY
CONSISTING OF THIRTY-EIGHT ACRES, MORE OR LESS, WHICH IS LOCATED WITHIN
THE OLD HICKORY LOCK AND DAM PROJECT AND WHICH IS PRESENTLY LEASED TO
THE LODGE UNDER LEASE NUMBERED AA--10058--CIVENG-- 60 - 431, DATED
DECEMBER 1, 1959.
(B) THE COST OF ANY SURVEYS NECESSARY AS AN INCIDENT OF THE
CONVEYANCE AUTHORIZED BY THIS SECTION SHALL BE BORNE BY THE LODGE.
(C) TITLE TO THE PROPERTY AUTHORIZED TO BE CONVEYED BY THIS SECTION
SHALL REVERT TO THE UNITED STATES, WHICH SHALL HAVE THE RIGHT OF
IMMEDIATE ENTRY THEREON IF THE LODGE SHALL EVER USE, OR PERMIT TO BE
USED, ANY PART OF SUCH PROPERTY FOR ANY PURPOSE OTHER THAN AS A YOUTH
CAMP FACILITY.
(D) THE CONVEYANCE AUTHORIZED BY THIS SECTION SHALL BE MADE UPON
PAYMENT BY THE LODGE TO THE SECRETARY OF THE ARMY OF AN AMOUNT OF MONEY
EQUAL TO THE FAIR MARKET VALUE OF THE PROPERTY. THE FAIR MARKET VALUE
OF SUCH PROPERTY SHALL BE DETERMINED BY AN INDEPENDENT QUALIFIED
APPRAISER ACCEPTABLE TO BOTH THE SECRETARY OF THE ARMY AND THE LODGE.
NO CONVEYANCE MAY BE MADE PURSUANT TO THIS SECTION AFTER THE CLOSE OF
THE TWELFTH MONTH AFTER THE MONTH IN WHICH THIS SECTION IS ENACTED.
SEC. 20. SECTION 213 OF THE FLOOD CONTROL ACT OF 1970 (84 STAT.
1824, 1829) IS HEREBY AMENDED BY (1) INSERTING BEFORE THE PERIOD AT THE
END OF THE FIRST SENTENCE THE FOLLOWING: ", AT AN ESTIMATED COST OF
$11,400,000" AND (2) STRIKING OUT THE LAST SENTENCE.
SEC. 21. THE PROJECT FOR FLOOD PROTECTION ON THE MINNESOTA RIVER AT
MANKATO-NORTH MANKATO, MINNESOTA, AUTHORIZED BY THE FLOOD CONTROL ACT OF
1958 AND MODIFIED BY SECTION 207 OF THE FLOOD CONTROL ACT OF 1965, //72
STAT. 310; 79 STAT. 1085.// IS HEREBY FURTHER MODIFIED TO AUTHORIZE THE
SECRETRARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO
REIMBUSER THE CITY OF MANKATO FOR LOCAL COSTS INCURRED IN RELOCATING
THAT PORTION OF THE EXISTING MANKATO INTERCEPTOR SEWER EXTENDING
APPROXIMATELY ONE THOUSAND SIX HUNDRED FEET UPSTREAM AND ONE THOUSAND
FIVE HUNDRED FEET DOWNSTRAM OF THE WARREN CREEK PUMPING STATION,
PROVIDED THE RELOCATED INTERCEPTOR SEWER IS DESIGNED AND CONSTRUCTED IN
A MANNER WHICH THE SECRETARY OF THE ARMY DETERMINES IS FULLY ADEQUATE TO
SERVE THE PROJECT PURPOSE.
SEC. 22. (A) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED TO COOPERATE WITH ANY STATE IN THE PREPARATION
OF COMPREHENSIVE PLANS FOR THE DEVELOPMENT, UTILIZATION, AND
CONSERVATION OF THE WATER AND RELATED RESOURCES OF DRAINAGE BASINS
LOCATED WITHIN THE BOUNDARIES OF SUCH STATE AND TO SUBMIT TO CONGRESS
REPORTS AND RECOMMENDATIONS WITH RESPECT TO APPROPRIATE FEDERAL
PARTICIPATION IN CARRYING OUT SUCH PLANS.
(B) THERE IS AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $2,000,000
ANNUALLY TO CARRY OUT THE PROVISIONS OF THIS SECTION EXCEPT THAT NOT
MORE THAN $200,000 SHALL BE EXPENDED IN ANY ONE YEAR IN ANY ONE STATE.
SEC. 23. SECTION 123 OF THE RIVER AND HARBOR ACT OF 1970 (84 STAT.
1818, 1823) IS HEREBY AMENDED BY ADDING AT THE END OF SUBSECTION (D) OF
SUCH SECTION THE FOLLOWING: "IN THE EVENT SUCH FINDINGS OCCUR AFTER THE
APPROPRIATE NON-FEDERAL INTEREST OR INTERESTS HAVE ENTERED INTO THE
AGREEMENT REQUIRED BY SUBSECTION (C), ANY PAYMENTS DUE AFTER THE DATE OF
SUCH FINDINGS AS PART OF THE REQUIRED LOCAL CONTRIBUTION OF 25 PER
CENTUM OF THE CONSTRUCTION COSTS SHALL BE WAIVED BY THE SECRETARY OF THE
ARMY.".
SEC. 24. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO MAKE A COMPLETE STUDY OF THE
ITEMS OF LOCAL COOPERATION INVOLVING HOLD AND SAVE HARMLESS PROVISIONS
WHICH HAVE BEEN REQUIRED FOR WATER RESOURCES DEVELOPMENT PROJECTS UNDER
HIS JURISDICTION, AND HIS REASONS FOR SUCH REQUIREMENTS, AND TO REPORT
THEREON TO THE CONRESS NOT LATER THAN JUNE 30, 1975, TOGETHER WITH
RECOMMENDATIONS AS TO THOSE ITEMS OF LOCAL COOPERATION WHICH SHOULD
APPROPRIATELY BE REQUIRED FOR VARIOUS TYPES OF WATER RESOURCES
DEVELOPMENT PROJECTS.
SEC. 25. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO STUDY LAND USE PRACTICES AND
RECREATIONAL USES AT WATER RESOURCE DEVELOPMENT PROJECTS UNDER HIS
JURISDICTION, AND TO REPORT THEREON TO THE CONGRESSG NOT LATER THAN JUNE
30, 1975, WITH RECOMMENDATIONS AS TO THE BEST USE OF SUCH LANDS FOR
OUTDOOR RECREATION, FISH AND WILDLIFE ENHANCEMENT, AND RELATED PURPOSES.
SEC. 26. SECTION 208 OF THE FLOOD CONTROL ACT OF 1954 (68 STAT.
1256, 1266) IS HEREBY AMENTED BY STRIKING OUT $2,000,000" AND INSERTING
IN LIEU THEREOF $5,000,000", AND BY STRIKING OUT "$100,000" AND
INSERTING IN LIEU THEREOF $250,000".
SEC. 27 SECTION 14 OF THE ACT APPROVED JULY 24, 1946 (60 STAT. 653),
IS HEREBY AMENDED BY STRIKING OUT $1,000,000" AND INSERTING IN LIEU
THEREOF "$10,000,000", BY INSERTING AFTER THE WORDS "PUBLIC WORKS,"
"CHURCHES, HOSPITALS, SCHOOLS, AND OTHER NONPROFIT PUBLIC SERVICES," BY
STRIKING OUT "$50,000" AND INSERTING IN LIEU THEREOF "250,000" AND BY
STRIKING OUT "OF EMERGENCY BANK-PROTECTION WORKS TO PREVENT FLOOD" AND
INSERTING IN LIEU THEREOF ", REPAIR, RESTORATION, AND MODIFICATION OF
EMERGENCY STREAMBANK AND SHORELINE PROTECTION WORKS TO PREVENT".
SEC. 28. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO IMPROVE PERIMETER ACCESS AT
LAKE TEXOMA, TEXAS AND OKLAHOMA, UTILIZING EXISTING ROADS TO THE EXTENT
FEASIBLE. THERE IS AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED
$3,000,000 TO CARRY OUT THIS SECTION.
SEC. 29 THE ACT ENTITLED "AN ACT AUTHORIZING THE CITY OF ROCK ISLAND,
ILLINOIS, OR ITS ASSIGNS, TO CONSTRUCT, MAINTAIN, AND OPERATE A TOLL
BRIDGE ACROSS THE MISSISSIPPI RIVER AT OR NEAR ROCK ISLAND, ILLINOIS,
AND TO PLACE AT OR NEAR THE CITY OF DAVENPORT, IOWA", APPROVED MARCH 18,
1938 (52 STAT. 110), IS AMENDED--
(1) BY INSERTING AFTER "TO RECONSTRUCT, ENLARGE, AND EXTEND THE
APPROACHES" IN SUBSECTION (B) OF THE FIRST SECTION THE FOLLOWING:
"(INCLUDING THE EASTERN APPROACH IN ROCK ISLAND, ILLINOIS)",
(2) BY INSERTING AFTER "APPROACHES" IN SUBSECTION (C) OF THE
FIRST SECTION THE FOLLOWING: "(OTHER THAN THE EASTERN APPROACH IN
ROCK ISLAND, ILLINOIS)", AND
(3) BY INSERTING AT THE END OF SUBSECTION (C) OF THE FIRST
SECTION OF THE EASTERN APPROACH IN ROCK ISLAND, ILLINOIS, TO SUCH
BRIDGE PURSUANT TO SUBSECTION (B) OF THIS SECTION SHALL BE
COMMENCED NOT LATER THAN DECEMBER 1, 1974, AND SHALL BE COMPLETED
BEFORE DECEMBER 1, 1977".
SEC. 30. THE PROJECT FOR ENLARGEMENT OF LAVON RESERVOIR ON THE EAST
FORK OF THE TRINITY RIVER, TEXAS, AUTHORIZED BY THE FLOOD CONTROL ACT OF
1962, //76 STAT. 1185.// IS HEREBY MODIFIED TO AUTHORIZE THE SECRETARY
OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO PROVIDE A
CROSSING AND APPROACHES AT TICKEY CREEK AND SUITABLE SURFACING TO PERMIT
ALL-WEATHER USE OF COLLIN COUNTY ROAD 115, AT A COST NOT TO EXCEED
$800,000.
SEC. 31. THE PROJECT FOR THE ATLANTIC COAST OF LONG ISLAND, FIRE
ISLAND INLET TO MONTAUK POINT, NEW YORK, AUTHORIZED IN SECTION 101 OF
THE RIVER AND HARBOR ACT OF 1960, //74 STAT. 480.// IS HEREBY MODIFIED
TO PROVIDE THAT NON-FEDERAL INTERESTS SHALL (1) CONTRIBUTE 30 PER CENTUM
OF THE FIRST COST OF THE PROJECT, INCLUDING THE VALUE OF LANDS,
EASEMENTS, AND RIGHTS-OF-WAY; (2) HOLD AND SAVE THE UNITED STATES FREE
FROM DAMAGES DUE TO THE CONSTRUCTION WORKS; AND (3) MAINTAIN AND
OPERATE THE IMPROVEMENTS IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY
THE SECRETARY OF THE ARMY.
SEC. 32. (A) THIS SECTION MAY BE CITED AS THE "STREAMBANK EROSION
CONTROL EVALUATION AND DEMONSTRATION ACT OF 1974".
(B) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS,
IS AUTHORIZED AND DIRECTED TO ESTABLISH AND CONDUCT FOR A PERIOD OF FIVE
FISCAL YEARS A NATIONAL STREAMBANK EROSION PREVENTION AND CONTROL
DEMONSTRATION PROGRAM. THE PROGRAM SHALL CONSIST OF (1) AN EVALUATION
OF THE EXTENT OF STREAMBANK EROSION ON NAVIGABLE RIVERS AND THEIR
TRIBUTARIES; (2) DEVELOPMENT OF NEW METHODS AND TECHNIQUES FOR BANK
PROTECTION, RESEARCH ON SOIL STABILITY, AND IDENTIFICATION OF THE CAUSES
OF EROSION; (3) A REPORT TO THE CONGRESS ON THE RESULTS OF SUCH STUDIES
AND THE RECOMMENDATIONS OF THE SECRETARY OF THE ARMY ON MEANS FOR THE
PREVENTION AND CORRECTION OF STREAMBANK EROSION; AND (4) DEMONSTRATION
PROJECTS, INCLUDING BANK PROTECTION WORKS.
(C) DEMONSTRATION PROJECTS AUTHORIZED BY THIS SECTION SHALL BE
UNDERTAKEN ON STREAMS SELECTED TO REFLECT A VARIETY OF GEOGRAPHICAL AND
ENVIRONMENTAL CONDITIONS, INCLUDING STREAMS WITH NATURALLY OCCURRING
EROSION PROBLEMS AND STREAMS WITH EROSION CAUSED OR INCREASED BY MANMADE
STRUCTURES OR ACTIVITIES. AT A MINIMUM DEMONSTRATION PROJECTS SHALL BE
CONDUCTED AT MULTIPLE SITES ON--,
(1) THE OHIO RIVER;
(2) THAT REACH OF THE MISSOURI RIVER BETWEEN FORT RANDALL DAM,
SOUTH DAKOTA, AND SIOUX CITY, IOWA;
(3) THAT REACH OF THE MISSOURI RIVER IN NORTH DAKOTA AT OR
BELOW THE GARRISON DAM; AND
(4) THE DELTA AND HILL AREAS OF THE YAZOO RIVER BASIN GENERALLY
IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE CHIEF OF ENGINEERS
IN HIS REPORT DATED SEPTEMBER 23, 1972.
(D) PRIOR TO CONSTRUCTION OF ANY PROJECTS UNDER THIS SECTION,
NON-FEDERAL INTERESTS SHALL AGREE THAT THEY WILL PROVIDE WITHOUT COST TO
THE UNITED STATES LANDS, EASEMENTS, AND RIGHTS-OF-WAY NECESSARY FOR
CONSTRUCTION AND SUBSEQUENT OPERATION OF THE PROJECTS; HOLD AND SAVE
THE UNITED STATES FREE FROM DAMAGES DUE TO CONSTRUCTION, OPERATION, AND
MAINTENANCE OF THE PROJECTS; AND OPERATE AND MAINTAIN THE PROJECTS UPON
COMPLETION.
(E) THERE IS AUTHORIZED TO BE APPROPRIATED FOR THE FIVE-FISCAL-YEAR
PERIOD ENDING JUNE 30, 1978, NOT TO EXCEED $25,000,000 TO CARRY OUT
SUBSECTIONS (B), (C) AND (D) OF THIS SECTION.
SEC. 33. THE FLOOD CONTROL PROJECT FOR THE SCIOTO RIVER, OHIO
AUTHORIZED BY SECTION 203 OF THE FLOOD CONTROL ACT OF 1962, AS MODIFIED,
//76 STAT. 1188.// IS HEREBY FURTHER MODIFIED (1) TO PERMIT THE
CONSTRUCTION OF LOCAL PROTECTION WORKS AT CHILLICOTHE, OHIO, PRIOR TO
COMMENCEMENT OF CONSTRUCTION OF THE MILL CREEK RESERVOIR, AND (2) TO
PERMIT THE PLAN FOR SUCH WORKS TO BE REVISED BY THE CHIEF OF ENGINEERS
SO AS TO PROVIDE A DEGREE OF PROTECTION SUBSTANTIALLY EQUIVALENT TO THAT
PROVIDED BY THE PROJECT AS ORIGINALLY AUTHORIZED.
SEC. 34. THE PROJECT FOR NEWBURGH LOCK AND DAM, AUTHORIZED UNDER
AUTHORITY OF SECTION 6 OF THE RIVER AND HARBOR ACT APPROVED MARCH 3,
1909, //35 STAT. 818, 33 USC 5.// IS HEREBY MODIFIED TO DIRECT THE
SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO PERFORM
BANK PROTECTION WORKS ALONG THE OHIO RIVER AT NEWBURGH, INDIANA. PRIOR
TO CONSTRUCTION NON-FEDERAL INTERESTS SHALL AGREE THAT THEY WILL PROVIDE
WITHOUT COST TO THE UNITED STATES LANDS, EASEMENTS, AND RIGHTS-OF-WAY
NECESSARY FOR CONSTRUCTION AND SUBSEQUENT OPERATION OF THE WORKS; HOLD
AND SAVE THE UNITED STATES FREE FROM DAMAGES DUE TO CONSTRUCTION,
OPERATION, AND MAINTENANCE OF THE WORKS, AND OPERATE AND MAINTAIN THE
WORKS UPON COMPLETION.
SEC. 35. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO MAKE A DETAILED STUDY OF SUCH
PLANS AS HE MAY DEEM FEASIBLE AND APPROPRIATE FOR THE REMOVAL AND
DISPOSAL OF DEBRIS AND OBSOLETE BUILDINGS REMAINING AS A RESULT OF
MILITARY CONSTRUCTION IN WORLD WAR II IN THE VICINITIES OF PORT HEIDEN,
COLD BAY, UNALASKA, AND UNMAK ISLAND, IN THE ALEUTIAN ISLANDS, ALASKA.
SUCH STUDY SHALL INCLUDE AN ANALYSIS OF APPROPRIATE MEASURES TO RESTORE
THISE AREAS TO THEIR NATURAL CONDITION. THE SECRETARY OF THE ARMY,
ACTING THROUGH THE CHIEF OF ENGINEERS, IS DIRECTED TO REPORT THE
FINDINGS OF SUCH STUDY TO CONGRESS WITHIN ONE YEAR AFTER THE DATE OF
ENACTMENT OF THIS SECTION.
SEC. 36. SECTION 222 OF THE FLOOD CONTROL ACT OF 1970 (PUBLIC LAW 91
- 611) //84 STAT. 1931.// IS AMENDED BY INSERTING AT THE END THEREOF THE
FOLLOWING: "THE SECRETARY MAY ALSO PROVIDE FOR THE COST OF CONSTRUCTION
OF A TWO-LAND, ALL-WEATHER PAVED ROAD (INCLUDING APPROPRIATE TWO-LANE
BRIDGES) EXTENDING FROM OLD UNITED STATES HIGHWAY 40, NEAR WEIMAR ACROSS
THE NORTH FORK AND MIDDLE FORK OF THE AMERICAN RIVER TO THE ELDORADO
COUNTY ROAD NEAR SPANISH DRY DIGGINGS, SUBSTANTIALLYN IN ACCORDANCE WITH
THE REPORT OF THE SECRETARY ENTITLED "REPLACEMENT ALTERNATIVE UPSTREAM
ROAD SYSTEM, AUBURN RESERVOIR--JUNE 1970".
SEC. 37. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO REVIEW THE REQUIREMENTS OF
LOCAL COOPERATION FOR THE SANTA CRUZ HARBOR PROJECT, SANTA CRUZ,
CALIFORNIA, AUTHORIZED BY THE RIVER AND HARBOR ACT OF 1958, //72 STAT.
2999// WITH PARTICULAR REFERENCE TO FEDERAL AND NON-FEDERAL COST
SHARING, AND TO REPORT THE FINDINGS OF SUCH REVIEW TO CONGRESS WITHIN
ONE YEAR AFTER THE DATE OF ENACTMENT OF THIS SECTION.
SEC. 28. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO REVIEW THE REQUIREMENTS OF
LOCAL COOPERATION FOR THE PROJECT FOR ANAHEIM BAY, CALIFORNIA,
AUTHORIZED BY THE RIVER AND HARBOR ACT OF 1954 FOR SEAL BEACH,
CALIFORNIA, //68 STAT. 1254.// WITH PARTICULAR REFERENCE TO FEDERAL AND
NON-FEDERAL COST SHARING, AND TO REPORT THE FINDINGS OF SUCH REVIEW TO
CONGRESS WITHIN ONE YEAR AFTER THE DATE OF ENACTMENT OF THIS SECTION.
SEC. 39. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO UNDERTAKE SUCH EMERGENCY BANK
STABILIZATION WORKS AS ARE NECESSARY TO PROTECT THE SACRED HEART
HOSPITAL IN YANKTON, SOUTH DAKOTA, FROM DAMAGES CAUSED BY BANK EROSION
DOWNSTREAM OF GAVINS POINT DAM, MISSOURI RIVER.
SEC. 40. (A) IN CONNECTION WITH ANY WATER RESOURCE DEVELOPMENT
PROJECT, HERETOFORE, HEREIN, OR HEREAFTER AUTHORIZED TO BE UNDERTAKEN BY
THE SECRETARY OF THE ARMY, THE CONSTRUCTION OF WHICH HAS NOT BEEN
INITIATED AS OF THE DATE OF THE ENACTMENT OF THIS SECTION, WHERE
AUTHORIZATION REQUIRES THAT NON-FEDERAL PUBLIC BODIES MAKE AN
AGREED-UPON CASH CONTRIBUTION AS PART OF THEIR REIMBURSEMENT TO THE
FEDERAL GOVERNMENT FOR CONSTRUCTION COSTS, OR A SPECIFIC PORTION OF THE
CONSTRUCTION COSTS, AND WHERE THERE EXISTS NO OTHER PROVISION OF LAW
WHICH WOULD PERMIT EXTENDED REPAYMENT FOR THE CONSTRUCTION COSTS OR SUCH
SPECIFIC PORTION OF THE CONSTRUCTION COSTS INVOLVED, SUCH NON-FEDERAL
PUBLIC BODIES MAY MAKE SUCH REPAYMENT IN ANNUAL INSTALLMENTS DURING THE
PERIOD OF CONSTRUCTION.
(B) UPON THE REQUEST OF AFFECTED NON-FEDERAL PUBLIC BODIES, THE
SECRETARY OF THE ARMY IS AUTHORIZED TO MODIFY EXISTING COST SHARING
AGREEMENTS IN ORDER TO EFFECTUATE THE PROVISIONS OF SUBSECTION (A) OF
THIS SECTION.
SEC. 41. (A) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS IS AUTHORIZED AND DIRECTRED TO MAKE A DETAILED STUDY AND
REPORT OF THE TOTAL BENEFITS AND COSTS ATTRIBUTABLE TO THE WATER
RESOURCES DEVELOPMENT PROJECTS UNDERTAKEN IN THE OHIO RIVER BASIN BY THE
CORPS OF ENGINEERS. THE EVALUATION OF BENEFITS AND COSTS ATTRIBUTABLE
TO SUCH PROJECTS SHALL INCLUDE CONSIDERATION OF THE ENHANCMENT OF
REGIONAL ECONOMIC DEVELOPMENT, QUALITY OF THE TOLAL ENVIRONMENT, THE
WELL-BEING OF THE PEOPLE, AND THE NATIONAL ECONOMIC DEVELOPMENT.
(B) THE SECRETARY, ACTING THROUGH THE CHIEF OF ENGINEERS, SHALL
REPORT THE FINDING OF SUCH STUDY TO CONGRESS WITHIN TWO YEARS AFTER
FUNDS ARE MADE AVAILABLE TO INITIATE THE STUDY.
(C) THERE IS AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY NOT TO
EXCEED $2,000,000 TO CARRY OUT THIS SECTION.
SEC. 42. THE PROJECT FOR FLOOD CONTROL AND IMPROVEMENT OF THE LOWER
MISSISSIPPI RIVER (ADOPTED BY THE ACT OF MAY 15, 1928 (45 STAT. 534)),
AS AMENDED AND MODIFIED IS FURTHER AMENDED AND MODIFIED SO AS TO PROVIDE
THAT IN THE CASE OF LANDS WHICH WERE AUTHORIZED TO BE ACQUIRED FOR THE
PURPOSE OF MITIGATING LOSSES TO WILDLIFE RESULTING FROM FEDERAL
IMPROVEMENTS WHICH HAVE NOT BEEN ACQUIRED AND WHICH ARE NO LONGER
SUITABLE FOR SUCH PURPOSE, THE SECRETARY OF THE ARMY, ACTING THROUGH THE
CHIEF OF ENGINEERS, MAY, TO THE EXTENT JUSTIFIED, ACQUIRE SUBSTITUTE
LANDS, NOT TO EXCEED THE ACREAGES PREVIOUSLY AUTHORIZED FOR SUCH
PURPOSE, IN THE SAME OR ADJACENT SUBBASINS OF THE PROJECT AREA.
SEC. 43. ANY PROPOSED ROAD TO THE ZILPO RECREATION AREA SHALL NOT BE
CONSTRUCTED UNDER THE CAVE RUN LAKE PROJECT IN KENTUCKY AUTHORIZED BY
THE FLOOD CONTROL ACTS APPROVED JUNE 22, 1936, AND JUNE 28, 1938, //52
STAT. 1215.// UNTIL THERE IS A FULL OPPORTUNITY FOR PUBLIC REVIEW AND
COMMENT ON THE ENVIRONMENTAL IMPACT STATEMENT PERTAINING TO ANY SUCH
PROPOSED ROAD.
SEC. 44. (A) SUBJECT TO THE PROVISIONS OF SUBSECTION (B) OF THIS
SECTION, THE SECRETARY OF THE ARMY IS AUTHORIZED AND DIRECTED TO CONVEY
TO THE MOUNTRAIL COUNTY PARK COMMISSION OF MOUNTRAIL COUNTY, NORTH
DAKOTA, ALL RIGHTS, TITLE, AND INTEREST OF THE UNITED STATES IN AND TO
THE FOLLOWING DESCRIBED TRACTS OF LAND:
TRACT NUMBER 1
ALL OF THE LAND WHICH LIES LANDWARD OF A LINE, WHICH LINE IS 300 FEET
ABOVE AND MEASURED HORIZONTALLY FROM CONTOUR ELEVATION 1,850 MEAN SEA
LEVEL OF OLD VAN HOOK VILLAGE IN THE NORTHWEST QUARTER OF SECTION 32,
TOWNSHIP 152, RANGE 91 WEST OF THE FIFTH GUIDE MERIDIAN.
TRACT NUMBER 2
ALL OF THE LAND WHICH LIES LANDWARD OF A LINE WHICH LINE IS 300 FEET
ABOVE AND MEASURED HORIZONTALLY FROM CONTOUR ELEVATION 1,850 MEAN SEA
LEVEL OF OLSON'S FIRST ADDITION, PART OF THE SOUTHWEST QUARTER OF
SECTION 29, TOWNSHIP 152, RANGE 91 WEST OF THE FIFTH GUIDE MERIDIAN.
TRACT NUMBER 3
HODGE'S FORST ADDITION, PART OF THE NORTHEAST QUARTER OF SECTION 32,
TOWNSHIP 152, RANGE 91, WEST OF THE FIFTH GUIDE MERIDIAN.
(B) (1) THE CONVEYANCE OF SUCH PORTION OF THE LANDS DESCRIBED IN
SUBSECTION (A) AS IS BEING USED BY THE NORTH DAKOTA STATE GAME AND FISH
DEPARTMENT FOR WILDLIFE MANAGEMENT PURPOSES SHALL NOT BECOME EFFECTIVE
UNTIL THE TERMINATION OF THE LICENSE GRANTED TO SUCH DEPARTMENT FOR SUCH
USE EITHER IN ACCORDANCE WITH ITS ORIGINAL TERMS ON OCTOBER 31, 1980, OR
AT ANY TIME PRIOR THERETO.
(2) THE LANDS CONVEYED PURSUANT TO THIS SECTION SHALL BE USED BY THE
MOUNTRAIL COUNTY PARK COMMISSION, MOUNTRAIL COUNTY, NORTH DAKOTA, SOLELY
FOR PUBLIC PARK AND RECREATIONAL PURPOSES, AND IF SUCH LANDS ARE EVER
USED FOR ANY OTHER PURPOSE, TITLE THERETO SHALL REVERT TO, AND BECOME
THE PROPERTY OF THE UNITED STATES WHICH SHALL HAVE THE RIGHT OF
IMMEDIATE ENTRY THEREOF.
(3) THE CONVEYANCE AUTHORIZED BY THIS SECTION SHALL BE SUBJECT TO
SUCH OTHER TERMS AND CONDITIONS AS THE SECRETARY OF THE ARMY DEEMS TO BE
IN THE PUBLIC INTEREST.
(C) THE MOUNTRAIL COUNTY PARK COMMISSION SHALL PAY THE COSTS OF SUCH
SURVEYS AS MAY BE NECESSARY TO DETERMINE THE EXACT LEGAL DESCRIPTION OF
THE LANDS TO BE CONVEYED AND SUCH SUMS AS MAY BE FIXED BY THE SECRETARY
OF THE ARMY TO COMPENSATE THE UNITED STATES FOR ITS ADMINISTRATIVE
EXPENSES IN CONNECTION WITH THE CONVEYANCE OF SUCH LANDS, WHICH SUM
SHALL BE COVERED INTO THE TREASURY INTO MISCELLANEOUS EXPENSES.
SEC. 45. (A) SECTION 252 OF THE DISASTER RELIEF ACT OF 1970 (PUBLIC
LAW 91 - 606, 84 STAT. 1757) IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: //42 USC 4482.//
"(D) FOR THE PURPOSES OF THIS SECTION, 'NET COST' AND 'NET COSTS' OF
REPAIRING, RESTORING, RECONSTRUCTING, OR REPLACING ANY SUCH FACILITY
SHALL INCLUDE THE COSTS ACTUALLY INCURRED IN REPLACING THE FACILITY'S
SERVICES WITH SERVICES FROM OTHER SOURCES DURING THE PERIOD OF REPAIR,
RESTORATION, RECONSTRUCTION, OR REPLACEMENT OF SUCH FACILITY, TO THE
EXTENT SUCH COSTS EXCEED THE COSTS WHICH WOULD HAVE BEEN INCURRED IN
PROVIDING SUCH SERVICES BUT FOR THE DISASTER."
(B) THE AMENDMENT MADE BY SECTION (A) OF THIS SECTION SHALL TAKE
EFFECT AS OF AUGUST 1, 1969.
SEC. 46. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED TO AMEND THE CONTRACT BETWEEN THE CITY OF
ABERDEEN, WASHINGTON, AND THE UNITED STATES FOR USE OF STORAGE SPACE IN
THE WYNOOCHEE DAM AND LAKE ON THE WYNOOCHEE RIVER, WASHINGTON, FOR
MUNICIPAL AND INDUSTRIAL WATER SUPPLY PURPOSES. SUCH AMENDED CONTRACT
SHALL PROVIDE THAT THE COSTS ALLOCATED TO PRESENT DEMAND WATER SUPPLY,
SHALL BE REPAID OVER A PERIOD OF FIFTY YEARS AFTER THE PROJECT IS FIRST
USED FOR THE STORAGE OF WATER FOR WATER SUPPLY PURPOSES. THE FIRST
ANNUAL PAYMENT SHALL BE A MINIMUM OF 0.1 PER CENTUM OF THE TOTAL AMOUNT
TO BE REPAID. THE ANNUAL PAYMENTS SHALL BE INCREASED BY 0.1 PER CENTUM
EACH YEAR UNTIL THE TENTH YEAR AT WHICH TIME THE PAYMENT SHALL BE 1
PERCENTUM OF THE TOTAL PRINCIPAL AMOUNT TO BE REPAID. SUBSEQUENT ANNUAL
PAYMENTS FOR THE BALANCE OF FORTY YEARS SHALL BE ONE-FORTIETH OF THE
BALANCE REMAINING AFTER THE TENTH ANNUAL PAYMENT (INCLUDING INTEREST
OVER SUCH FIFTY YEAR PERIOD).
SEC 47. THE PROJECT FOR WYANOOCHEE DAM AND LAKE, WYNOOCHEE RIVER,
WASHINGTON, AUTHORIZED BY THE FLOOD CONTROL ACT APPROVED OCTOBER 23,
1962 (76 STAT. 1193), IS HEREBY MODIFIED TO PROVIDE THAT THE SECRETARY
OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, IS AUTHORIZED AND
DIRECTED TO TRANSFER TO THE STATE OF WASHINGTON, AS A PART OF PROJECT
COSTS, AN AMOUNT NOT TO EXCEED $696,000 FOR CONSTRUCTION OF FISH
HATCHERY FACILITIES FOR PREVENTION OF LOSSES OF NATURAL SPAWNING AREAS
FOR ANADROMOUS TROUT OCCASIONED BY PROJECT CONSTRUCTION.
SEC. 48. SECTION 7 OF THE RIVER BASIN MONETARY AUTHORIZATION AND
MISCELLANEOUS CIVIL WORKS AMENDMENT ACT OF 1970 (84 STAT. 310) IS HEREBY
AMENDED TO READ AS FOLLOWS:
"SEC 7. THAT THE PROJECT FOR LIBBY DAM, KOOTENAI RIVER, MONTANA, IS
HEREBY MODIFIED TO PROVIDE THAT AN AMOUNT NOT TO EXCEED $4,000,000 MAY
BE USED FOR THE CONSTRUCTION OF FISH PRODUCTION MEASURES IN COMPENSATION
FOR FISH LOSSES ATTRIBUTED TO THE PROJECT, AND FOR THE ACQUISITION OF
NECESSARY REAL ESTATE, CONSTRUCTION OF ACCESS ROADS AND UTILITIES, AND
PERFORMANCE OF SERVICES RELATED THERETO, AS DEEMED APPROPRIATE BY THE
SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS.".
SEC. 49. (A) THE PROJECT FOR LIBBY DAM, KOOTENAI RIVER, MONTANA,
AUTHORIZED BY THE FLOOD CONTROL ACT APPROVED MAY 17, 1950 (64 STAT.
170), IS HEREBY MODIFIED TO PROVIDE THAT THE SECRETARY OF THE ARMY,
ACTING THROUGH THE CHIEF OF ENGINEERS, IS AUTHORIZED TO ACQUIRE NOT MORE
THAN TWELVE THOUSAND ACRES OF LAND FOR THE PREVENTION OF WILDLIFE
GRAZING LOSSES CAUSED BY THE PROJECT.
(B) THE SECRETARY IS FURTHER AUTHORIZED AND DIRECTED TO CONVEY
WITHOUT MONETARY CONSIDERATION, TO THE STATE OF MONTANA ALL RIGHT,
TITLE, AND INTEREST OF THE UNITED STATES IN THE LAND ACQUIRED UNDER
SUBSECTION (A), FOR USE FOR WILDLIFE GRAZING PURPOSES. THE DEED OF
CONVEYANCE SHALL PROVIDE THAT THE LAND SHALL REVERT TO THE UNITED STATES
IN THE EVENT IT EVER CEASES TO BE USED FOR WILDLIFE GRAZING PURPOSES.
(C) THERE IS AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $2,000,000
TO CARRY OUT THE PROVISIONS OF THIS SECTION.
SEC. 50. THE PROJECT FOR LIBBY DAM (LAKE KOOCANUSA). MONTANA,
AUTHORIZED BY THE FLOOD CONTROL ACT APPROVED MAY 117, 1950 (64 STAT.
170), IS HEREBY MODIFIED TO PROVIDE THAT THE SECRETARY OF THE ARMY,
ACTING THROUGH THE CHIEF OF ENGINEERS, IS AUTHORIZED TO REIMBURSE
BOUNDARY COUNTY, IDAHO, FOR THE COST INCURRED TO ELEVATE, RELOCATE, OR
RECONSTRUCT THE BRIDGE, LOCATED AT THE MOUTH OF DEEP CREEK AS IT JOINS
THE KOOTENAI RIVER, MADE NECESSARY BY THE DURATION OF HIGHER FLOWS
DURING DRAWDOWN OPERATIONS AT LIBBY DAM. THERE IS AUTHORIZED TO BE
APPROPRIATED NOT TO EXCEED $350,000 FOR THE PURPOSES OF THIS SECTION.
SEC. 51. IF THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, FINDS THAT THE PROPOSED PROJECT TO BE ERECTED AT THE LOCATION
TO BE DECLARED NON-NAVIGABLE UNDER THIS SECTION IS IN THE PUBLIC
INTEREST, ON THE BASIS OF ENGINEERING STUDIES TO DETERMINE THE LOCATION
AND STRUCTURAL STABILITY OF THE BULKHEADING AND FILLING AND PERMANENT
PILE-SUPPORTED STRUCTURES IN ORDER TO PRESERVE AND MAINTAIN THE
REMAINING NAVIGABLE WATERWAY AND ON THE BASIS OF ENVIRONMENTAL STUDIES
CONDUCTED PURSUANT TO THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969,
//83 STAT. 852, 42 USC 4321 NOTE.// THEN THOSE PORTIONS OF THE EAST
RIVER IN NEW YORK COUNTY, STATE OF NEW YORK, BOUNDED AND DESCRIBED AS
FOLLOWS ARE HEREBY DECLARED TO BE NOT NAVIGABLE WATERS OF THE UNITED
STATES WITHIN THE MEANING OF THE LAWS OF THE UNITED STATES, AND THE
CONSENT OF CONGRESS IS HEREBY GIVEN TO THE FILLING IN OF ALL OR ANY PART
THEREOF OR THE ERECTION OF PERMANENT PILE-SUPPORTED STRUCTURES THEREON:
THAT PORTION OF THE EAST RIVER IN NEW YORK COUNTY, STATE OF NEW YORK,
LYING SHOREWARD OF A LINE WITH THE UNITED STATES PIERHEAD LINE AS IT
EXISTS ON THE DATE OF THE ENACTMENT OF THIS ACT, BOUNDED ON THE NORTH BY
THE SOUTH SIDE OF RUTGERS SLIP EXTENDED EASTERLY, AND BOUNDED ON THE
SOUTH BY THE SOUTHEASTERLY BORDER OF BATTERY PARK AT A POINT ADJACENT TO
THE WESTERLY END OF SOUTH STREET EXTENDED SOUTH BY SOUTHWEST, IS HEREBY
DECLARED TO BE NON-NAVIGABLE WATES OF THE UNITED STATES. THIS
DECLARATION SHALL APPLY ONLY TO PORTIONS OF THE ABOVE-DESCRIBED AREA
WHICH ARE BULKHEADED AND FILLED OR OCCUPIED BY PERMANENT PILE-SUPPORTED
STRUCTURES. PLANS FOR BULKHEADING AND FILLING AND PERMANENT
PILE-SUPPORTED STRUCTURES SHALL BE APPROVED BY THE SECRETARY OF THE
ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS. LOCAL INTERESTS SHALL
REIMBURSE THE FEDERAL GOVERNMENT FOR ENGINEERING AND ALL OTHER COSTS
INCURRED UNDER THIS SECTION.
SEC. 52. THE PROJECT FOR HURRICANE-FLOOD CONTROL PROTECTION FROM
CAPE FEAR TO THE NORTH CAROLINA-SOUTH CAROLINA STATE LINE. NORTH
CAROLINA, AUTHORIZED BY THE FLOOD CONTROL ACT OF 1966 (80 STAT. 1418,
1419) IS HEREBY MODIFIED TO PROVIDE THAT THE SECRETARY OF THE ARMY,
ACTING THROUGH THE CHIEF OF ENGINEERS, MAY ENTER INTO AN AGREEMENT WITH
NON-FEDERAL PUBLIC BODIES TO PROVIDE FOR REIMBURSEMENT OF INSTALLATION
COSTS INCURRED BY SUCH BODIES, OR AN EQUIVALENT REDUCTION IN THE
CONTRIBUTIONS THEY ARE OTHERWISE REQUIRED TO MAKE, OR A COMBINATION
THEREOF, IN AN AMOUNT NOT TO EXCEED $2,000,000 FOR WORK TO BE PERFORMED
IN THE PROJECT, SUBJECT TO THE PROVISIONS OF SUBSECTIONS (B) THROUGH (E)
OF SECTION 215 OF THE FLOOD CONTROL ACT OF 1968. //82 STAT. 747, 42 USC
1962D -5A.//
SEC. 53. THE PROJECT FOR FLOOD PROTECTION ON THE GRAND RIVER AND
TRIBUTARIES, MISSOURI AND IOWA, AUTHORIZED BY THE FLOOD CONTROL ACT OF
1965 //79 STAT. 1080.// IS HEREBY MODIFIED TO AUTHORIZE AND DIRECT THE
CHIEF OF ENGINEERS ON THE BASIS OF RESULTS OF A REVIEW OF THE AUTHORIZED
GRAND RIVER BASIN PLAN OF DEVELOPMENT INCLUDING CONSIDERATION OF THE
CURRENT JUSTIFICATION AND FEASIBILITY OF ADVANCE FEDERAL PARTICIPATION
IN CONSTRUCTION OF THE I-35 HIGHWAY CROSSING OF THE RIVER AND OF
INCLUDING POWER FACILITIES DURING THE PROJECT CONSTRUCTION. SUCH
INCLUSION OF POWER FACILITIES SHALL BE SUBJECT TO SUBMISSION OF A
FEASIBILITY REPORT TO THE CONGRESS AND SUBSEQUENT CONGRESSIONAL ACTION
THEREON.
SEC. 54. (A) THIS SECTION MAY BE CITED AS THE "SHORELINE EROSION
CONTROL DEMONSTRATION ACT OF 1974".
(B) THE CONGRESS FINDS THAT BECAUSE OF THE IMPORTANCE AND INCREASING
INTEREST IN THE COASTAL AND ESTUARINE ZONE OF THE UNITED STATES, THE
DETERIORATION OF THE SHORELINE WITHIN THIS ZONE DUE TO EROSION, THE HARM
TO WATER QUALITY AND MARINE LIFE FROM SHORELINE EROSION, THE LOSS OF
RECREATIONAL POTENTIAL DUE TO SUCH EROSION, THE FINANCIAL LOSS TO
PRIVATE AND PUBLIC LANDOWNERS RESULTING FROM SHORELINE EROSION, AND THE
INABILITY OF SUCH LANDOWNERS TO OBTAIN SATISFACTORY FINANCIAL AND
TECHNICAL ASSISTANCE TO COMBAT SUCH EROSION, IT IS ESSENTIAL TO DEVELOP,
DEMONSTRATE, AND DISSEMINATE INFORMATION ABOUT LOW-COST MEANS TO PREVENT
AND CONTROL SHORELINE EROSION. IT IS THEREFORE THE PURPOSE OF THIS
SECTION TO AUTHORIZE A PROGRAM TO DEVELOP AND DEMONSTRATE SUCH MEANS TO
COMBAT SHORELINE EROSION.
(C) (1) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, SHALL ESTABLISH AND CONDUCT FOR A PERIOD OF FIVE FISCAL YEARS
A NOTIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION
PROGRAM. THE PROGRAM SHALL CONSIST OF PLANNING, CONSTRUCTIN, OPERATING,
EVALUATING, AND DEMONSTRATING PROTOTYPE SHORELINE EROSION CONTROL
DEVICES, BOTH ENGINEERED AND VEGETATIVE.
(2) THE PROGRAM SHALL BE CARRIED OUT IN COOPERATION WITH THE
SECRETARY OF AGRICULTURE, PARTICULARLY WITH RESPECT TO VEGETATIVE MEANS
OF PREVENTING AND CONTROLLING SHORELINE EROSION, AND IN COOPERATION WITH
FEDERAL, STATE, AND LOCAL AGENCIES, PRIVATE ORGANIZATIONS, AND THE
SHORELINE EROSION ADVISORY PANEL ESTABLISHED PURSUANT TO SUBSECTION (D).
(3) DEMONSTRATION PROJECTS ESTABLISHED PURSUANT TO THIS SECTION SHALL
EMPHASIZE THE DEVELOPMENT OF LOW-COST SHORELINE EROSION CONTROL DEVICES
LOCATED ON SHELTERED OR INLAND WATERS. SUCH PROJECTS SHALL BE
UNDERTAKEN AT NO LESS THAN TWO SITES EACH ON THE SHORELINES OF THE
ATLANTIC, GULF AND PACIFIC COASTS, THE GREAT LAKES, AND THE STATE OF
ALASKA, AND AT LOCATIONS OF SERIOUS EROSION ALONG THE SHORES OF DELAWARE
BAY, PARTICULARLY AT THOSE REACHES KNOWN AS PICKERING BEACH, KITTS
HUMMOCK, BOWERS, SLAUGHTER BEACH, BROADKILL BEACH, AND LEWES IN THE
STATE OF DELAWARE. SITES SELECTED SHOULD, TO THE EXTENT POSSIBLE,
REFLECT A VARIETY OF GEOGRAPHICAL AND CLIMATIC CONDITIONS.
(4) SUCH DEMONSTRATION PROJECTS MAY BE CARRIED OUT ON PRIVATE OR
PUBLIC LANDS EXCEPT THAT NO FUNDS APPROPRIATED FOR THE PURPOSE OF THIS
SECTION MAY BE EXPENDED FOR THE ACQUISITION OF PRIVATELY OWNED LANDS.
IN TH CASE OF SITES LOCATED ON PRIVATE OR NON-FEDERAL PUBLIC LANDS, THE
DEMONSTRATION PROJECTS SHALL BE UNDERTAKEN IN COOPERATION WITH A
NON-FEDERAL SPONSOR OR SPONSORS WHO SHALL PAY AT LEAST 25 PER CENTUM OF
CONSTRUCTION COSTS AT EACH SITE AND ASSUME OPERATION AND MAINTENANCE
COSTS UPON COMPLETION OF THE PROJECT.
(D) (1) NO LATER THAN ONE HUNDRED AND TWENTY DAYS AFTER THE DATE OF
ENACTMENT OF THIS SECTION THE CHIEF OF ENGINEERS SHALL ESTABLISH A
SHORELINE EROSION ADVISORY PANEL. THE CHIEF OF ENGINEERS SHALL APPOINT
FIFTEEN MEMBERS TO SUCH PANEL FROM AMONG INDIVIDUALS WHO ARE
KNOWLEDGEABLE WITH RESPECT TO VARIOUS ASPECTS OF SHORELINE EROSION, WITH
REPRESENTATIVES FROM VARIOUS GEOGRAPHICAL AREAS, INSTITUTIONS OF HIGHER
EDUCATION, PROFESSIONAL ORGANIZATIONS, STATE AND LOCAL AGENCIES, AND
PRIVATE ORGANIZATIONS, EXCEPT THAT SUCH INDIVIDUALS SHALL NOT BE REGULAR
FULL-TIME EMPLOYEES OF THE UNITED STATES. THE PANEL SHALL MEET AND
ORGANIZE WITHIN NINETY DAYS FROM THE DATE OF ITS ESTABLISHMENT, AND
SHALL SELECT A CHAIRMAN FROM AMONG ITS MEMBERS. THE PANEL SHALL THEN
MEET AT LEAST ONCE EACH SIX MONTHS THEREAFTER AND SHALL EXPIRE NINETY
DAYS AFTER TERMINATION OF THE FIVE-YEAR PROGRAM ESTABLISHED PURSUANT TO
SUBSECTION (C).
(2) THE PANEL SHALL--,
(A) ADVISE THE CHIEF OF ENGINEERS GENERALLY IN CARRYING OUT
PROVISIONS OF THIS SECTION;
(B) RECOMMEND CRITERIA FOR THE SELECTION OF DEVELOPMENT AND
DEMONSTRATION SITES;
(C) RECOMMEND ALTERNATIVE INSTITUTIONAL, LEGAL, AND FINANCIAL
ARRANGEMENTS NECESSARY TO EFFECT AGREEMENTS WITH NON-FEDERAL
SPONSORS OF PROJECT SITES;
(D) MAKE PERIODIC REVIEWS OF THE PROGRESS OF THE PROGRAM
PURSUANT TO THIS SECTION;
(E) RECOMMEND MEANS BY WHICH THE KNOWLEDGE OBTAINED FROM THE
PROJECT MAY BE MADE READILY AVAILABLE TO THE PUBLIC; AND
(F) PERFORM SUCH FUNCTIONS AS THE CHIEF OF ENGINEERS MAY
DESIGNATE.
(3) MEMBERS OF THE PANEL SHALL, WHILE SERVING ON BUSINESS OF THE
PANEL, BE ENTITLED TO RECEIVE COMPENSATION AT RATES FIXED BY THE CHIEF
OF ENGINEERS, BUT NOT IN EXCESS OF THE MAXIMUM RATE OF PAY FOR GRADE
GS-18, AS PROVIDED IN THE GENERAL SCHEDULE UNDER SECTION 5332 OF TITLE 5
OF THE UNITED STATES CODE, //5 USC 5332 NOTE.// INCLUDING TRAVELTIME AND
WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS, THEY MAY BE
ALLOWED TRAVEL EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE, AS
AUTHORIZED BY LAW (5 U.S.C. 73B-2) FOR PERSONS IN GOVERNMENT SERVICE
EMPLOYED INTERMITTENTLY. //80 STAT. 499; 83 STAT. 190, 5 USC 5703.//
(4) THE PANEL IS AUTHORIZED, WITHOUT REGARD TO THE CIVIL SERVICE
LAWS, TO ENGAGE SUCH TECHNICAL AND OTHER ASSISTANCE AS MAY BE REQUIRED
TO CARRY OUT ITS FUNCTIONS.
(E) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS,
SHALL PREPARE AND SUBMIT ANNUALLY A PROGRAM PROGRESS REPORT, INCLUDING
THEREIN CONTRIBUTIONS OF THE SHORELINE EROSION ADVISORY PANEL, TO THE
COMMITTEES ON PUBLIC WORKS OF THE SENATE AND HOUSE OF REPRESENTATIVES.
THE FIFTH AND FINAL REPORT SHALL BE SUBMITTED SIXTY DAYS AFTER THE FIFTH
FISCAL YEAR OF FUNDING AND SHALL INCLUDE A COMPREHENSIVE EVALUATION OF
THE NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT AND DEMONSTRATION
PROGRAM.
(F) THERE IS AUTHORIZED TO BE APPROPRIATED FOR THE FIRST FISCAL YEAR
FOLLOWING ENACTMENT OF THIS SECTION, AND THE SUCCEEDING FOUR FISCAL
YEARS, A TOTAL OF NOT TO EXCEED $8,000,000 TO CARRY OUT THE PROVISIONS
OF THIS SECTION.
SEC. 55. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED TO PROVIDE TECHNICAL AND ENGINEERING ASSISTANCE
TO NON-FEDERAL PUBLIC INTERESTS IN DEVELOPING STRUCTURAL AND
NON-STRUCTURAL METHODS OF PREVENTING DAMAGES ATTRIBUTABLE TO SHORE AND
STREAMBANK EROSION.
SEC. 56. THE PROJECT FOR LIBBY DAM (LAKE KOOCANUSA), MONTANA,
AUTHORIZED BY THE FLOOD CONTROL ACT APPROVED MAY 17, 1950 (64 STAT.
170), IS HEREBY MODIFIED TO PROVIDE THAT THE SECRETARY OF THE ARMY,
ACTING THROUGH TEH CHIEF OF ENGINEERS, IS AUTHORIZED TO COMPENSATE THE
DRAINAGE DISTRICTS AND OWNERS OF LEVEED AND UNLEVEED TRACTS, IN KOOTENAI
FLATS, BOUNDARY COUNTY, IDAHO, FOR MODIFICATION TO FACILITIES INCLUDING
GRAVITY DRAINS, STRUCTURES, PUMPS, AND ADDITIONAL PUMPING OPERATIONAL
COSTS MADE NECESSARY BY, AND CROP AND OTHER DAMAGES RESULTING FROM THE
DURATION OF HIGHER FLOWS DURING DRAWDOWN OPERATIONS AT LIBBY DAM, EXCEPT
THAT THE TOTAL OF ALL SUCH COMPENSATION SHALL NOT EXCEED $1,500,000.
SEC. 57. THE AUTHORIZATION FOR THE BEACH EROSION CONTROL PROJECT FOR
PRESQUE ISLE PENINSULA, ERIE, PENNSYLVANIA, AS PROVIDED IN SECTION 101
OF THE RIVER AND HARBOR ACT OF 1960 (74 STAT. 480) IS REINSTATED AND
EXTENDED UNDER THE TERMS EXISTING IMMEDIATELY PRIOR TO THE TERMINATION
OF SUCH AUTHORIZATION, FOR A PERIOD OF FIVE YEARS FROM THE DATE OF
ENACTMENT OF THIS ACT, OR IF THE REVIEW STUDY OF SUCH PROJECT BEING
CARRIED OUT BY THE SECRETARY OF THE ARMY IS NOT COMPLETED PRIOR TO THE
END OF SUCH PERIOD, UNTIL SUCH STUDY IS COMPLETED AND A REPORT THEREON
SUBMITTED TO THE CONGRESS. THERE IS AUTHORIZED TO BE APPROPRIATED NOT
TO EXCEED $3,500,000 TO CARRY OUT THIS SECTION.
SEC. 58. (A) THE PROJECT FOR NAVIGATION IN THE ATCHAFALAYA RIVER AND
BAYOUS CHENE, BOEUS, AND BLACK, LOUISIANA, AUTHORIZED BY THE RIVER AND
HARBOR ACT OF 1968 (82 STAT. 731) IS HEREBY MODIFIED TO PROVIDE THAT THE
NON-FEDERAL INTERESTS SHALL CONTRUBUTE 25 PER CENTUM OF THE COSTS OF
AREAS REQUIRED FOR INITIAL AND SUBSEQUENT DISPOSAL OF SPOIL, AND OF
NECESSARY RETAINING DIKES, BULKHEADS, AND EMBANKMENTS THEREFOR.
(B) THE REQUIREMENTS FOR APPROPRIATE NON-FEDERAL INTEREST OR
INTERESTS TO FURNISH AN AGREEMENT TO CONTRIBUTE 25 PER CENTUM OF THE
CONSTRUCTION COSTS AS SET FORTH IN SUBSECTION (A) SHALL BE WAIVED BY THE
SECRETARY OF THE ARMY UPON A FINDING BY THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY THAT FOR THE AREA TO WHICH SUCH
CONSTRUCTION APLIES, THE STAT OR STATES INVOLVED, INTERSTATE AGENCY,
MUNICIPALITY, AND OTHER APPROPRIATE POLITICAL SUBDIVISIONS OF THE STATE
AND INDUSTRIAL CONCERNS ARE PARTICIPATING IN AND IN COMPLIANCE WITH AN
APPROVED PLAN FOR THE GENERAL GEOGRAPHICAL AREA OF THE DREDGING ACTIVITY
FOR CONSTRUCTION, MODIFICATION, EXPANSION, OR REHABILITATION OF WASTE
TREATMENT FACILITIES AND THE ADMINISTRATOR HAS FOUND THAT APPLICABLE
WATER QUALITY STANDARDS ARE NOT BEING VIOLATED.
SEC. 59. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE STATES OF
ILLINOIS AND IOWA, WHICH ARE CONNECTED AT KEOKIK, IOWA, BY THE BRIGDE
CONSTRUCTED BY THE KEOKUK AND HAMILTON BRIDGE COMPANY PURSUANT TO PUBLIC
LAW 342 OF THE SIXTY-THIRD CONGRESS //38 STAT. 1220.// AND AT
BURLINGTON, IOWA, BY THE BRIDGE CONSTRUCTED BY THE CITIZENS' BRIDGE
COMPANY, PURSUANT TO PUBLIC LAW 1 OF THE SIXTY-FOURTH CONGRESS //39
STAT. 1.// ARE AUTHORIZED TO CONTRACT INDIVIDUALLY OR JOINTLY WITH
EITHER OR BOTH OF THE CITIES OF KEOKUK, IOWA, AND BURLINGTON, IOWA, ON
OR BEFORE JUNE 1, 1974, TO ASSUME RESPONSIBILITY FOR THE OPERATION,
MAINTENANCE, AND REPAIR OF THE BRIDGES AT KEOKUK AND BURLINGTON AND THE
APPROACHES THERETO AND FOR LAWFUL EXPENSES INCURRED IN CONNECTION
THEREWITH. WHEN EITHER OR BOTH STATES HAVE ENTERED INTO SUCH AN
AGREEMENT ANY OUTSTANDING PRINCIPAL AND INTEREST INDEBTEDNESS ON ACCOUNT
OF A BRIDGE SHALL BE PAID FROM RESERVE FUNDS ACCUMULATED FOR THAT
PURPOSE AND THE BALANCE OF SUCH FUNDS, IF ANY, SHALL BE USED TO DEFRAY
COSTS OF OPERATING AND MAINTAINING THE BRIDGE. AFTER SUCH AN AGREEMENT
IS ENTERED INTO WITH RESPECT TO A BRIDGE THAT BRIDGE SHALL THEREAFTER BE
FREE OF TOLLS.
SEC. 60. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO PERFORM CHANNEL CLEANOUT
OPERATIONS AND SNAGGING AND CLEARING FOR SELECTED STRESMS WHERE CHRONIC
AND PERSISTENT FLOOD CONDITIONS EXIST IN THE LOWER GUYANDOT RIVER BASIN,
WEST VIRGINIA, FOR THE PURPOSE OF IMPROVING CHANNEL CAPACITITES, VISUAL
ENVIRONMENT, AND HUMAN WELL-BEING ALL IN THE INTEREST OF FLOOD CONTROL.
SUCH OPERATIONS SHALL BE PERFORMED AS AN INTERIM MEASURE PENDING
COMPLETION OF THE R.D. BAILEY LAKE PROJECT AT A TOTAL COST NOT TO EXCEED
$2,000,000. APPROPRIATE NON-FEDERAL INTERESTS AS DETERMINED BY THE
SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, SHALL,
PRIOR TO INITIATION OF REMEDIAL OPERATIONS, AGREE IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 221 OF THE FLOOD CONTROL ACT OF 1970 //84 STAT.
1831, 42 USC 1962D-5B.// THAT THEY WILL FURNISH THE NECESSARY LANDS,
DISPOSAL AREAS, EASEMENTS, AND RIGHTS-OF-WAY, AND HOLD AND SAVE THE
UNITED STATES FREE FROM DAMAGES DUE TO THE CLEANOUT OPERATIONS.
SEC. 61. SECTION 205 OF THE FLOOD CONTROL ACT OF 1948 (33 U.S.C.
701S) IS AMENDED-- // 62 STAT. 1182; 76 STAT. 1194.//
(1) BY STRIKING OUT "$25,000,000" AND INSERTING IN LIEU THEREOF
"$30,000,000".
(2) BY STRIKING OUT "ADVISABLE" AND ALL THAT FOLLOWS DOWN
THROUGH AND INCLUDING THE PERIOD AT THE END OF SUCH SECTION AND
INSERT IN LIEU THEREOF THE FOLLOWING: ?ADVISABLE. THE AMOUNT
ALLOTTED FOR A PROJECT SHALL BE SUFFICIENT TO COMPLETE FEDERAL
PARTICIPATION IN THE PROJECT. NOT MORE THAN $1,000,000 SHALL BE
ALLOTTED UNDER THIS SECTION FOR A PROJECT AT ANY SINGLE LOCALITY,
EXCEPT THAT NOT MORE THAN $2,000,000 SHALL BE ALLOTED UNDER THIS
SECTION FOR A PROJECT AT A SINGLE LOCALITY IF SUCH PROJECT
PROTECTS AN AREA WHICH HAS BEEN DECLARED TO BE A MAJOR DISASTER
AREA PURSUANT TO THE DISASTER RELIEF ACT OF 1966 //80 STAT.
1316.// OR THE DISASTER RELIEF ACT OF 1970 //84 STAT. 1744.// IN
THE FIVE-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CHIEF OF
ENGINEERS DEEMS SUCH WORK ADVISABLE. //42 USC 4401// THE
PROVISIONS OF LOCAL COOPERATION SPECIFIED IN SECTION 3 OF THE
FLOOD CONTROL ACT OF JUNE 22, 1936, AS AMENDED, //49 STAT. 1571;
50 STAT. 877, 33 USC 701C.// SHALL APPLY. THE WORK SHALL BE
COMPLETE IN ITSELF AND NOT COMMIT THE UNITED STATES TO ANY
ADDITIONAL IMPROVEMENT TO INSURE ITS SUCCESSFUL OPERATION, EXCEPT
AS MAY RESULT FROM THE NORMAL PROCEDURE APPLYING TO PROJECTS
AUTHORIZED AFTER SUBMISSION OF PRELIMINARY EXAMINATIONS AND SURVEY
REPORTS."
SEC. 62. (A) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED TO PERFORM SUCH WORK AS MAY BE NECESSARY TO
PROVIDE FOR THE REPAIR AND CONVERSION TO A FIXED-TYPE STRUCTURE OF DAM
NUMBERED 3 ON THE BIG SANDY RIVER, KENTUCKY AND WEST VIRGINIA.
(B) THE WORK AUTHORIZED BY THIS SECTION SHALL HAVE NO EFFECT OF THE
CONDITION THAT LOCAL INTERESTS SHALL OWN, OPERATE, AND MAINTIAN THE
STRUCTURE AND RELATED PROPERTIES AS REQUIRED BY THE ACT OF AUGUST 6,
1956 (70 STAT. 1062).
(C) THERE IS AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $330,000 TO
CARRY OUT THIS SECTION.
SEC. 63. THE PROJECT FOR HURRICANE-FLOOD CONTROL AT TEXAS CITY AND
VICINITY, TEXAS, AUTHORIZED BY THE FLOOD CONTROL ACT APPROVED AUGUST 13,
1968, //82 STAT. 742.// IS HEREBY MODIFIED TO PROVIDE THAT THE
NON-FEDERAL INTERESTS SHALL HAVE UNTIL JULY 1, 1974, TO PROVIDE THE
ASSURANCES OF LOCAL COOPERATION REQUIRED IN ACCORDANCE WITH THE
RECOMMENDATIONS OF THE CHIEF OF ENGINEERS IN HOUSE DOCUMENT NUMBERED
187, NINETIETH CONGRESS.
SEC. 64. SUBSECTION (B) OF SECTION 206 OF THE FLOOD CONTROL ACT OF
1960 AS AMENDED (33 U.S.C. 709A), //80 STAT. 1423; 84 STAT. 1832.// IS
FURTHER AMENDED BY STRIKING OUT "$11,000,000" AND INSERTING IN LIEU
THEREOF "$15,000,000".
SEC. 65. IN THE CASE OF ANY RESERVOIR PROJECT AUTHORIZED FOR
CONSTRUCTION BY THE CORPS OF ENGINEERS, BUREAU OF RECLAMATION, OR OTHER
FEDERAL AGENCY WHEN THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION
AGENCY DETERMINES PURSUANT TO SECTION 102(B) OF THE FEDERAL WATER
POLLUTION CONTROL ACT //86 STAT. 817, 33 USC 1252.// THAT ANY STORAGE IN
SUCH PROJECT FOR REGULATION OF STREAMFLOW FOR WATER QUALITY IS NOT
NEEDED, OR IS NEEDED IN A DIFFERENT AMOUNT, SUCH PROJECT MAY BE MODIFIED
ACCORDINGLY BY THE HEAD OF THE APPROPRIATE AGENCY AND ANY STORAGE NO
LONGER REQUIRED FOR WATER QUALITY MAY BE UTILIZED FOR OTHER AUTHORIZED
PURPOSES OF THE PROJECT WHEN, IN THE OPINION OF THE HEAD OF SUCH AGENCY,
SUCH USE IS JUSTIFIED. ANY SUCH MODIFICATION OF A PROJECT WHERE THE
BENEFITS ATTRIBUTABLE TO WATER QUALITY ARE 15 PER CENTUM OR MORE BUT NOT
GREATER THAN 25 PER CENTUM OF THE TOTAL PROJECT BENEFITS SHALL TAKE
EFFECT ONLY UPON THE ADOPTION OF RESOLUTIONS APPROVING SUCH MODIFICATION
BY THE APPROPRIATE COMMITTEES OF THE SENATE AND HOUSE OF
REPRESENTATIVES. THE PROVISIONS OF THE SECTION SHALL NOT APPLY TO ANY
PROJECT WHERE THE BENEFITS ATTRIBUTABLE TO WATER QUALITY EXCEED 25 PER
CENTUM OF THE TOTAL PROJECT BENEFITS.
SEC. 66. (A) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED TO UNDERTAKE MEASURES TO CLEAR THE CHANNEL OF
THE MAIN CHANNEL OF THE LITTLE CALUMET RIVER, ILLINOIS, FROM ITSY
CONFLUENCE WITH THE CALUMET-SAG CHANNEL EASTWARD TO INDIANA STATE LINE
OF FALLEN TREES, ROOTS, SILT, AND OTHER DEBRIS AND OBJECTS WHICH
CONTRIBUTE TO FLOODING, UNSIGHTLINESS, AND POLLUTION OF THE RIVER.
(B) PRIOR TO INITIATION OF MEASURES AUTHORIZED BY THIS SECTION, SUCH
NON-FEDERAL INTERESTS AS THE SECRETARY OF THE ARMY, ACTING THROUGH THE
CHIEF OF ENGINEERS, MAY REQUIRE SHALL AGREE TO SUCH CONDITIONS OF
COOPERATION AS THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, DETERMINES APPROPRIATE, EXCEPT THAT SUCH CONDITIONS SHALL BE
SIMILAR TO THOSE REQUIRED FOR SIMILAR PROJECT PURPOSES IN OTHER FEDERAL
WASTE RECOURCES PROJECTS.
SEC. 67. THE PROJECT FOR NAVIGATION AT MURRELLS INLET, SOUTH
CAROLINA, AUTHORIZED UNDER PROVISIONS OF SECTION 201 OF THE FLOOD
CONTROL ACT OF OCTOBER 27, 1965 (PUBLIC LAW 89 - 298), //79 STAT. 1073,
42 USC 1962D - 5.// IS HEREBY MODIFIED TO AUTHORIZE AND DIRECT THE
SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO PERFORM
SUCH EMERGENCY DREDGING OPERATIONS AS THE CHIEF OF ENGINEERS DETERMINES
NECESSARY TO MAINTAIN CHANNEL DEPTHS SUFFICIENT TO PERMIT FREE AND SAFE
MOVEMENT OF VESSELS UNTIL SUCH TIME AS THE AUTHORIZED PROJECT IS
CONSTRUCTED.
SEC. 68. (A) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED TO UNDERTAKE THE PHASE 1 DESIGN MEMORANDUM
STAGE OF ADVANCED ENGINEERING AND DESIGN OF THE PROJECT INVOLVING THE
WILLACY-HIDALGO FLOODWATER BYPASS THE LAGUNA MADRE FLOOD-WATER CHANNEL,
AND THE NORTH FLOODWAY CHANNEL IN THE LOWER RIO GRANDE BASIN, IN
WILLACY, HIDALGO, AND CAMERON COUNTIES, TEXAS, SUBSTANTIALLY IN
ACCORDANCE WITH THE RECOMMENDATIONS FOR PHASE 1 CONTAINED IN THE
COMPREHENSIVE STUDY AND PLAN OF DEVELOPMENT LOWER RIO GRANDE BASIN,
TEXAS, DATED JULY 1969, PREPARED BY THE UNITED STATES DEPARTMENT OF
AGRICULTURE IN COOPERATION WITH THE TEXAS WATER DEVELOPMENT BOARD, THE
TEXAS STATE SOIL AND WATER CONSERVATION BOARD, AND THE TEXAS WATER
RIGHTS COMMISSION, AT AN ESTIMATED FEDERAL COST OF $600,000.
(B) THE SECRETARY OF THE ARMY, IN COOPERATION WITH THE SECRETARY OF
AGRICULTURE, SHALL SEEK REASONABLE ASSURANCES THAT AN ADEQUATE LAND
TREATMENT PROGRAM SATISFACTORY TO THE SECRETARY OF AGRICULTURE WILL BE
INSTALLED TO PROVIDE NECESSARY PROTECTION TO THE WATERSHED LANDS AND
PLANNED STRUCTURAL MEASURES; THAT NON-FEDERAL ENTITIES WILL ACQUIRE ALL
LAND RIGHTS NEEDED IN CONNECTION WITH THE CONSTRUCTION OF THE WORKS OF
IMPROVEMENT AUTHORIZED BY THIS SECTION; AND THAT SUCH ENTITIES WILL
OPERATE AND MAINTAIN ANY UPSTREAM STRUCTURAL WORKS OF IMPROVEMENT ON
NON-FEDERAL LANDS.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION, THE
DRAFT ENVIRONMENTAL IMPACT STATEMENT PREPARED ON SUCH WORKS OF
IMPROVEMENT BY THE SOIL CONSERVATION SERVICE PURSUANT TO SECTION 102 (2)
(C) OF THE NATIONAL ENVIRONMENTAL POLICY ACT //83 STAT. 853, 42 USC
4332.// SHALL CONSTITUTE THE DRAFT ENVIRONMENTAL IMPACT STATEMENT ON
SUCH WORKS AS AUTHORIZED BY THIS SECTION, AND SUCH DRAFT STATEMENT SHALL
BE CIRCULATED TO FEDERAL AGENCIES AND OTHER APPROPRIATE PARTIES AT SUCH
TIME AS THE SECRETARY OF THE ARMY DIRECTS.
SEC. 69. THE PROJECT FOR BEACH EROSION CONTROL AND HURRICANE (TIDAL
FLOODING) PROTECTION IN DADE COUNTY, FLORIDA, AUTHORIZED BY SECTION 203
OF THE FLOOD CONTROL ACT OF AUGUST 13, 1968 (PUBLIC LAW 90 - 183). //82
STAT. 740.// IS HEREBY MODIFIED TO PROVIDE FOR INITIAL CONSTRUCTION BY
NON-FEDERAL INTERESTS, AND FOR SUBSEQUENT FUTURE NOURISHMENT BY FEDERAL
OR NON-FEDERAL INTERESTS, OF THE 0.85-MILE PROJECT SEGMENT IMMEDIATELY
SOUTH OF BAKER'S HAULOVER INLET, AND FOR REIMBURSEMENT OF THE APPLICABLE
FEDERAL SHARE OF THOSE PROJECT COSTS AS ORIGINALLY AUTHORIZED. FEDERAL
REIMBURSEMENT SHALL BE CONTINGENT UPON APPROVAL BY THE CHIEF OF
ENGINEERS, PRIOR TO COMMENCEMENT OF THE WORK, OF THE DETAILED PLANS AND
SPECIFICATIONS FOR ACCOMPLISHING THE WORK AS BEING IN ACCORDANCE WITH
THE AUTHORIZED PROJECT.
SEC 70. SECTION 107(B) OF THE RIVER AND HARBOR ACT OF 1970 (84 STAT.
1818, 1820) IS HEREBY AMENDED BY DELETING "JULY 30, 1974" AND INSERTING
IN LIEU THEREOF "DECEMBER 31, 1976", AND DELETING "$6,500,000" AND
INSERTING IN LIEU THEREOF "$9,500,000".
SEC. 71. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, SHALL SUBMIT TO THE CONGRESS NOT LATER THAN JUNE 30, 1974,
THE SURVEY REPORT AUTHORIZED BY RESOLUTION OF THE COMMITTEE ON PUBLIC
WORKS, HOUSE OF REPRESENTATIVES, DATED OCTOBER 12, 1972, CONCERNING A
MODIFICATION OF THE CORPUS CHRISTI SHIP CHANNEL, TEXAS, PROJECT TO
PROVIDE INCREASED DEPTHS AND WIDTHS IN THE ENTRANCE CHANNELS FROM THE
GULF OF MEXICO TO A DEEPER DRAFT INSHORE PORT IN THE VICINITY OF HARBOR
ISLAND, TEXAS, AND SHALL COMPLETE THE ADVANCED ENGINEERING AND DESIGN
FOR SUCH MODIFICATION BY JUNE 30, 1975. SUCH ADVANCED ENGINEERING AND
DESIGN MAY BE ACCOMPLISHED PRIOR TO AUTHORIZATION OF THE MODIFICATION.
THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, IS
AUTHORIZED TO ACCEPT FUNDS MADE AVAILABLE BY NON-FEDERAL INTERESTS AND
TO EXPEND SUCH FUNDS FOR THE PREPARATION OF THE SURVEY REPORT AND
ACCOMPLISHMENT OF THE ADVANCED ENGINEERING AND DESIGN AUTHORIZED AND
DIRECTED BY THIS SECTION. SUCH FUNDS SHALL BE REPAID TO SUCH
NON-FEDERAL INTERESTS OUT OF MONEYS APPROPRIATED FOR CONSTRUCTION OF THE
MODIFICATION.
SEC. 72. THE PROJECT FOR HURRICANE-FLOOD PROTECTION AND BEACH
EROSION CONTROL AT EAST ROCKAWAY INLET TO ROCKAWAY INLET AND JAMAICA
BAY, NEW YORK, AUTHORIZED BY THE FLOOD CONTROL ACT OF 1965 (79 STAT.
1073), IS HEREBY MODIFIED TO AUTHORIZE THE SECRETARY OF THE ARMY, ACTING
THROUGH THE CHIEF OF ENGINEERS, TO COMMENCE WORK ON THE BEACH EROSION
CONTROL ASPECT OF THE PROJECT, INDEPENDENTLY OF THE HURRICANE-FLOOD
PROTECTION ASPECT OF THE PROJECT. CONSTRUCTION OF THE BEACH EROSION
CONTROL ASPECT OF THE PROJECT MAY COMMENCE FOLLOWING THE COMPLETION OF
ENVIRONMENTAL STUDIES REGARDING THAT ASPECT, CONDUCTED PURSUANT TO THE
NATIONAL ENVIRONMENTAL POLICY ACT OF 1969. //83 STAT. 852, 42 USC 4321
NOTE.// NOTHING HEREIN SHALL INCREASE OR REDUCE THE PERCENTAGE OF TOTAL
COSTS OF THE ENTIRE PROJECT TO BE CONTRIBUTED BY THE AFFECTED
NON-FEDERAL INTERESTS.
SEC. 73. (A) IN THE SURVEY, PLANNING, OR DESIGN BY ANY FEDERAL
AGENCY OF ANY PROJECT INVOLVING FLOOD PROTECTION, CONSIDERATION SHALL BE
GIVEN TO NONSTRUCTURAL ALTERNATIVES TO PREVENT OR REDUCE FLOOD DAMAGES
INCLUDING, BUT NOT LIMITED TO, FLOODPROOFING OF STRUCTURES; FLOOD PLAIN
REGULATION; ACQUISITION OF FLOOD PLAIN LANDS FOR RECREATIONAL, FISH AND
WILDLIFE, AND OTHER PUBLIC PURPOSES; AND RELOCATION WITH A VIEW TOWARD
FORMULATING THE MOST ECONOMICALLY, SOCIALLY, AND ENVIRONMENTALY
ACCEPTABLE MEANS OF REDUCING OR PREVENTING FLOOD DAMAGES.
(B) WHERE A NONSTRUCTURAL ALTERNATIVE IS RECOMMENDED, NON-FEDERAL
PARTICIPATION SHALL BE COMPARABLE TO THE VALUE OF LANDS, EASEMENTS, AND
RIGHTS-OF-WAY WHICH WOULD HAVE BEEN REQUIRED OF NON-FEDERAL INTERESTS
UNDER SECTION 3 OF THE ACT OF JUNE 27, 1936 (PUBLIC LAW NUMBERED 738,
SEVENTY-FOURTH CONGRESS, //49 STAT. 1571; 50 STAT. 877, 33 USC 701C.//
FOR STRUCTURAL PROTECTION MEASURES, BUT IN NO EVENT SHALL EXCEED 20 PER
CENTUM OF THE PROJECT COSTS.
SEC. 74. THE PROJECT FOR WATER QUALITY CONTROL IN THE ARKANSAS-RED
RIVER BASIN, TEXAS, OKLAHOMA, AND KANSAS, AUTHORIZED BY THE FLOOD
CONTROL ACTS OF 1966 AND 1970, //80 STAT. 1420, 84 STAT. 1825.// IS
HEREBY MODIFIED TO AUTHORIZE THE SECRETARY OF THE ARMY, ACTING THROUGH
THE CHIEF OF ENGINEERS TO INITIATE CONSTRUCTION OF THE AREA VIII FEATURE
OF THE PROJECT, CONSISTING OF A LOW-FLOW DAM, PUMPING STATION AND
PIPELINE, AND A BRINE DAM, PRIOR TO THE APPROVAL REQUIRED BY SECTION 201
OF THE FLOOD CONTROL ACT OF 1970.
SEC. 75. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO STUDY THE NEED FOR AND MEANS OF
PROVIDING VISITOR PROTECTION SERVICES AT WATER RESOURCES DEVELOPMENT
PROJECTS UNDER THE JURISDICTION OF THE DEPARTMENT OF THE ARMY, AND TO
REPORT THEREON TO THE CONGRESS, WITH HIS RECOMMENDATIONS, NOT LATER THAN
DECEMBER 31, 1974.
SEC. 76. THE PARAGRAPH OF SECTION 209 OF THE FLOOD CONTROL ACT OF
1966, PUBLIC LAW 89 - 789, //80 STAT. 1424.// AUTHORIZING AND DIRECTING
THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO
CONDUCT A SURVEY OF THE GREAT SOUTH BAY, NEW YORK, IS AMENDED TO READ AS
FOLLOWS: "GREAT SOUTH BAY, NEW YORK, INCLUDING THE WATERS OF ADJOINING
LESSER BAYS AND INLETS WITH RESPECT TO WATER UTILIZATION AND CONTROL.
SUCH INVESTIGATIONS AND STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO,
NAVIGATION, FISHERIES, FLOOD CONTROL, CONTROL OF NOXIOUS WEEDS, WATER
POLLUTION, WATER QUALITY CONTROL, BEACH EROSION, AND RECREATION. SUCH
SURVEY SHALL BE PROVIDED TO THE CONGRESS BY JULY 31, 1975, AND SHALL
INCLUDE THE USE OF A CONPREHENSIVE COMPUTER MODEL."
SEC. 77. (A) THE FEDERAL WATER PROJECT RECREATION ACT (79 STAT 213)
IS HEREBY AMENDED AS FOLLOWS: //16 USC 4601 - 12.//
(1) STRIKE OUT "AND TO BEAR NOT LESS THAN ONE-HALF THE SEPARABLE
COSTS OF THE PROJECT ALLOCATED TO EITHER OR BOTH OF SAID PURPOSES, AS
THE CASE MAY BE" IN SECTION 2(A) //16 USC 4601 - 13.// AND INSERT IN
LIEU THEREOF "AND TO BEAR NOT LESS THAN ONE-HALF THE SEPARABLE COSTS OF
THE PROJECT ALLOCATED TO RECREATION, AND TO BEAR ONE-QUARTER OF SUCH
COSTS ALLOCATED TO FISH AND WILDLIFE ENHANCEMENT".
(2) STRIKE OUT "NOT MORE THAN ONE-HALF THE SEPARABLE COSTS" IN
SECTION 2(A) (3) AND INSERT IN LIEU THEREOF "NOT MORE THAN ONE-HALF THE
SEPARABLE COSTS OF THE PROJECT ALLOCATED TO RECREATION AND EXACTLY
THREE-QUARTERS OF SUCH COSTS ALLOCATED TO FISH AND WILDLIFE
ENHANCEMENT".
(3) STRIKE OUT "BEAR NOT LESS THAN ONE-HALF THE COSTS OF LANDS,
FACILITIES, AND PROJECT MODIFICATIONS PROVIDED FOR EITHER OR BOTH OF
THOSE PURPOSES, AS THE CASE MAY BE" IN SECTION 3(B) (1) //16 USC 4601 -
14.// AND INSERT IN LIEU THEREOF "BEAR NOT LESS THAN ONE-HALF THE COSTS
OF LANDS, FACILITIES, AND PROJECT MODIFICATIONS PROVIDED FOR RECREATION,
AND WILL BEAR ONE-QUARTER OF SUCH COSTS FOR FISH AND WILDLIFE
ENHANCEMENT".
(B) THE AMENDMENTS MADE BY THIS SECTION SHALL APPLY TO ALL PROJECTS
THE CONSTRUCTION OF WHICH IS NOT SUBSTANTIALLY COMPLETED ON THE DATE OF
ENACTMENT OF THIS ACT.
(C) IN THE CASE OF ANY PROJECT (1) AUTHORIZED SUBJECT TO SPECIFIC
COST-SHARING REQUIREMENTS WHICH WERE BASED ON THE SAME PERCENTAGES AS
THOSE ESTABLISHED IN THE FEDERAL WATER PROJECT RECREATION ACT, AND (2)
CONSTRUCTION OF WHICH IS NOT SUBSTANTIALLY COMPLETED ON THE DATE OF
ENACTMENT OF THIS ACT, THE COST-SHARING REQUIREMENTS FOR SUCH PROJECT
SHALL BE THE SAME PERCENTAGES AS ARE ESTABLISHED BY THE AMENDMENTS MADE
BY SUBSECTION (A) OF THIS SECTION FOR PROJECTS WHICH ARE SUBJECT TO THE
FEDERAL WATER PROJECT RECREATION ACT.
SEC. 78. THE PROJECT FOR FLOOD PROTECTION ON INDIAN BEND WASH.
MARICOPA COUNTY, ARIZONA, AUTHORIZED BY THE FLOOD CONTROL ACT OF 1965
(79 STAT. 1083) IS HEREBY MODIFIED TO PROVIDE THAT ALL COSTS OF THE
SIPHON SYSTEM FROM THE ARIZONA CANAL, REQUIRED TO BE PROVIDED IN
CONNECTION WITH THE RELOCATION OF IRRIGATION FACILITIES SHALL BE PAID BY
THE UNITED STATES.
SEC. 79. THE MULTI-PURPOSE PLAN FOR THE IMPROVEMENT OF THE ARKANSAS
RIVER AND TRIBUTARIES, AUTHORIZED BY THE RIVER AND HARBOR ACT OF JULY
24, 1946, AS AMENDED AND MODIFIED, //60 STAT. 640.// IS HEREBY FURTHER
AMENDED TO AUTHORIZE THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF
OF ENGINEERS, TO REASSIGN THE STORAGE PROVIDED IN THE OOLOGAH RESERVOIR
FOR HYDROELECTRIC POWER PRODUCTION TO MUNICIPAL IND INDUSTRIAL WATER
SUPPLY AND TO MAKE SUCH STORAGE AVAILABLE FOR SUCH PURPOSES UNDER THE
WATER SUPPLY ACT OF 1958, AS AMENDED. //43 USC 390B NOTE.//
SEC. 80. (A) THE INTEREST RATE FORMULA TO BE USED IN PLAN
FORMULATION AND EVALUATION FOR DISCOUNTING FUTURE BENEFITS AND COMPUTING
COSTS BY FEDERAL OFFICERS, EMPLOYEES, DEPARTMENTS, AGENCIES, AND
INSTRUMENTALITIES IN THE PREPARATION OF COMPREHENSIVE REGIONAL OR RIVER
BASIN PLANS AND THE FORMULATION AND EVALUATION OF FEDERAL WATER AND
RELATED LAND REWSOURCES PROJECTS SHALL BE THE FORMULA SET FORTH IN THE
"POLICIES, STANDARDS, AND PROCEDURES IN THE FORMULATION, EVALUATION, AND
REVIEW OF PLANS FOR USE AND DEVELOPMENT OF WATER AND RELATED LAND
RESOURCES" APPROVED BY THE PRESIDENT ON MAY 15, 1962, AND PUBLISHED AS
SENATE DOCUMENT 97 OF THE EITHTY-SEVENTH CONGRESS ON MAY 29, 1962, AS
AMENDED BY THE REGULATION ISSUED BY THE WATER RESOURCES COUNCIL AND
PUBLISHED IN THE FEDERAL REGISTER ON DECEMBER 24, 1968 (33 F.R. 19170;
18 C.F.R. 704,39), UNTIL OTHERWISE PROVIDED BY A STATUTE ENACTED AFTER
THE DATE OF ENACTMENT OF THIS ACT. EVERY PROVISION OF LAW AND EVERY
ADMINISTRATIVE ACTION IN CONFLICT WITH THIS SECTION IS HEREBY REPEALED
TO THE EXTENT OF SUCH CONFLICT.
(B) IN THE CASE OF ANY PROJECT AUTHORIZED BEFORE JANUARY 3, 1969, IF
THE APPROPRIATE NON-FEDERAL INTERESTS HAVE, PRIOR TO DECEMBER 31, 1969,
GIVEN SATISFACTORY ASSURANCES TO PAY THE REQUIRED NON-FEDERAL SHARE OF
PROJECT COSTS, THE DISCOUNT RATE TO BE USED IN THE COMPUTATION OF
BENEFITS AND COSTS FOR SUCH PROJECT SHALL BE THE RATE IN EFFECT
IMMEDIATELY PRIOR TO DECEMBER 24, 1968, AND THAT RATE SHALL CONTINUE TO
BE USED FOR SUCH PROJECT UNTIL CONSTRUCTION HAS BEEN COMPLETED, UNLESS
OTHERWISE PROVIDED BY A STATUTE ENACTED AFTER THE DATE OF ENACTMENT OF
THIS ACT.
(C) THE PRESIDENT SHALL MAKE A FULL AND COMPLETE INVESTIGATION AND
STUDY OF PRINCIPLES AND STANDARDS FOR PLANNING AND EVALUATING WATER AND
RELATED REWOURCES PROJECTS. SUCH INVESTIGATION AND STUDY SHALL INCLUDE,
BUT NOT BE LIMITED TO, CONSIDERATION OF ENHANCING REGIONAL ECONOMIC
DEVELOPMENT, THE QUALITY OF THE TOTAL ENVIRONMENT INCLUDING ITS
PROTECTION AND IMPROVEMENT, THE WELL-BEING OF THE PEOPLE OF THE UNITED
STATES, AND THE NATIONAL ECONOMIC DEVELOPMENT, AS OBJECTIVES TO BE
INCLUDED IN FEDERALLY-FINANCED WATER AND RELATED RESOURCES PROJECTS AND
IN THE EVALUATION OF COSTS AND BENEFITS ATTRIBUTABLE TO SUCH PROJECTS,
AS INTENDED IN SECTION 209 OF THE FLOOD CONTROL ACT OF 1970 (84 STAT.
1818, 1829), //42 USC 1962 - 2.// THE INTEREST RATE FORMULA TO BE USED
IN EVALUATING AND DISCOUNTING FUTURE BENEFITS FOR SUCH PROJECTS, AND
APPROPRIATE FEDERAL AND NON-FEDERAL COST SHARING FOR SUCH PROJECTS. HE
SHALL REPORT THE RESULTS OF SUCH INVESTIGATION AND STUDY, TOGETHER WITH
HIS RECOMMENDATIONS, TO CONGRESS NOT LATER THAN ONE YEAR AFTER FUNDS ARE
FIRST APPROPRIATED TO CARRY OUT THIS SUBSECTION.
SEC. 81. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO STUDY THE FEASIBILITY AND
PRACTICALITY OF CONSTRUCTING, OPERATING, AND MAINTAINING IN THE VICINITY
OF DULUTH, MINNESOTA, A HYXDRAULIC MODEL OF ALL OR A PART OF THE GREAT
LAKES AND THEIR CONNECTING CHANNELS AND AN ASSOCIATED TECHNICAL CENTER,
AND TO REPORT THEREON TO CONGRESS WITH RECOMMENDATIONS NOT LATER THAN
JUNE 30, 1976.
SEC. 82. SECTION 5 OF THE FLOOD CONTROL ACT APPROVED AUGUST 18,
1941, AS AMENDED (33 U.S.C. 701N), IS AMENDED AS FOLLOWS:
(1) THE FIRST SENTENCE IS AMENDED BY STRIKING OUT "IN THE AMOUNT OF
$15,000,000".
(2) BY INSERTING IMMEDIATELY AFTER THE FIRST SENTENCE THE FOLLOWING
NEW SENTENCE: "THE CHIEF OF ENGINEERS, IN THE EXERCISE OF HIS
DISCRETION, IS FURTHER AUTHORIZED TO PROVIDE EMERGENCY SUPPLIES OF CLEAN
DRINKING WATER, ON SUCH TERMS AS HE DETERMINES TO BE ADVISABLE, TO ANY
LOCALITY WHICH HE FINDS IS CONFRONTED WITH A SOURCE OF CONTAMINATED
DRINKING WATER, ON SUCH TERMS AS HE DETERMINES TO BE ADVISABLE, TO ANY
LOCALITY WHICH HE FINDS IS CONFRONTED WITH A SOURCE OF CONTAMINATED
DRINKING WATER CAUSING OR LIKELY TO CAUSE A SUBSTANTIAL THREAT TO THE
PUBLIC HEALTH AND WELFARE OF THE INHABITANTS OF THE LOCALITY."
(3) THE PROVISO IN THE NEXT TO THE LAST SENTENCE IS AMENDED BY
STRIKING OUT "OF SAID SUM," AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"OF SUMS TO SUCH EMERGENCY FUND,".
SEC. 83. (A) THE PROJECT FOR BONNEVILLE LOCK AND DAM, COLUMBIA
RIVER, OREGON AND WASHINGTON, AUTHORIZED BY THE ACT OF AUGUST 30, 1935
(49 STAT. 1028) //33 USC 540 NOTE.// AND THE ACT OF AUGUST 20, 1937 (50
STAT. 731) //16 USC 832.// IS HEREBY MODIFIED TO AUTHORIZE THE SECRETARY
OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, IN CONNECTION WITH
THE CONSTRUCTION OF THE BONNEVILLE SECOND POWERHOUSE, TO RELOCATE THE
TOWN OF NORTH BONNEVILLE, WASHINGTON, TO A NEW TOWNSITE.
(B) AS PART OF SUCH RELOCATION, THE SECRETARY OF THE ARMY, ACTING
THROUGH THE CHIEF OF ENGINEERS, IS AUTHORIZED TO COOPERATE IN THE
PLANNING OF A NEW TOWN WITH OTHER FEDERAL AGENCIES AND APPROPRIATE
NON-FEDERAL INTERESTS; TO ACQUIRE LANDS NECESSARY FOR THE NEW TOWN AND
TO CONVEY TITLE TO SAID LANDS TO INDIVIDUALS, BUSINESS OR OTHER
ENTITIES, AND TO THE TOWN AS APPROPRIATE; AND TO CONSTRUCT A CENTRAL
SEWAGE COLLECTION AND TREATMENT FACILITY AND OTHER NECESSARY MUNICIPAL
FACILITIES.
(C) THE COMPENSATION PAID TO ANY INDIFICUAL OR ENTITY FOR THE TAKING
OF PROPERTY UNDER THIS SECTION SHALL BE THE AMOUNT DUE SUCH INDIVIDUAL
OR ENTITYG UNDER THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970 LESS THE FAIR MARKET VALUE OF THE REAL
PROPERTY CONVEYED TO SUCH INDIVIDUAL OR ENTITY IN THE NEW TOWN.
MUNICIPAL FACILITIES PROVIDED UNDER THE AUTHORITY OF THIS SECTION SHALL
BE SUBSTITUTE FACILITIES WHICH SERVE REASONABLY AS WELL AS THOSE IN THE
EXISTING TOWN OF NORTH BONNEVILLE EXCEPT THAT THEY SHALL BE CONSTRUCTED
TO SUCH HIGHER STANDARDS AS MAY BE NECESSARY TO COMPLY WITH APPLICABLE
FEDERAL AND STATE LAWS. ADDITIONAL FACILITIES MAY BE CONSTRUCTED, OR
HIGHER STANDARDS UTILIZED, ONLY AT THE EXPENSE OF APPROPRIATE
NON-FEDERAL INTERESTS.
(D) BEFORE THE SECRETARY OF THE ARMY ACQUIRES ANY REAL PROPERTY FOR
THE NEW TOWNSITE APPROPRIATE NON-FEDERAL INTERESTS SHALL FURNISH BINDING
CONTRACTUAL COMMITMENTS THAT ALL LOTS IN THE NEW TOWNSITE WILL BE EITHER
OCCUPIED WHEN AVAILABLE, WILL BE REPLACEMENTS FOR OPEN SPACE AND VACANT
LOTS IN THE EXISTING TOWN, OR WILL BE PURCHASED BY NON-FEDERAL INTERESTS
AT THE FAIR MARKET VALUE.
SEC. 84. (A) THE PROJECT FOR FLOOD PROTECTION ON FOURMILE RUN, CITY
OF ALEXANDRIA AND ARLINGTON COUNTY, VIRGINIA, APPROVED BY RESOLUTIONS OF
THE COMMITTEES ON PUBLIC WORKS OF THE UNITED STATES SENATE AND HOUSE OF
REPRESENTATIVES, DATED JUNE 25, 1970, AND JULY 14, 1970, RESPECTIVELY,
IN ACCORDANCE WITH THE PROVISIONS OF SECTION 201 OF THE FLOOD CONTROL
ACT OF 1965 (PUBLIC LAW 84 - 298), //79 STAT. 1073, 42 USC 1962D - 5.//
IS HEREBY MODIFIED TO INCORPORATE THE FOLLOWING:
(1) A CHANNEL CAPACITY SUFFICIENT TO ACCOMMODATE FLOOD FLOWS OF
TWENTY-SEVEN THOUSAND CUBIC FEET PER SECOND;
(2) AN INCREASE IN CHANNEL BOTTOM WIDTHS ALOND FOURMILE RUN
FROM ONE HUNDRED SEVENTY-FIVE TO TWO HUNDRED FEET FROM MOUNT
VERNON AVENUE TO LONG BRANCH AND FROM ONE HUNDRED FIFTY TO ONE
HUNDRED SEVENTY-FIVE FEET ABOVE LONG BRANCH, AND, ALONG LONG
BRANCH, FROM FORTY TO SIXTY FEET.
(3) THE DELETION OF THE PUMPING STATIONS, PONDING AREAS, AND
LEVEES, EXCEPT FOR A SHORT LEVEE ON LONG BRANCH, AND THE
SUBSTITUTION THEREFOR OF BANK RETENTION STRUCTURES, INCLUDING
WALLS WHERE REQUIRED DUE TO SPACE LIMITATIONS, AND FLOOD PROOFING
BY NON-FEDERAL INTERESTS OF EXISTING AND FUTURE STRUCTURES AS
NECESSARY TO PROVIDE PROTECTION AGAINST A ONE HUNDRED-YEAR FLOOD;
(4) THE ADDITION OF RECREATION AS A PROJECT FEATURE, INCLUDING
PEDESTRIAN AND BICYCLE TRAILS, ACTIVE AND PASSIVE RECREATION
AREAS, PICNIC AREAS, AND PROTECTION OF EXISTING MARSHLAND AREA.
(B) PRIOR TO INITIATION OF CONSTRUCTION OF THIS PROJECT, APPROPRIATE
NON-FEDERAL INTERESTS SHALL AGREE TO--,
(1) PROVIDE WITHOUT COST TO THE UNITED STATES ALL LANDS,
EASEMENT, AND RIGHTS-OF-WAY NECESSARY FOR CONSTRUCTION OF THE
PROJECT;
(2) ACCOMPLISH WITHOUT COST TO THE UNITED STATES ALL
RELOCATIONS AND ALTERATIONS TO EXISTING IMPROVEMENTS, OTHER THAN
RAILROADS AND THE GEORGE WASHINGTON MEMORIAL PARKWAY BRIDGE, WHICH
MAY BE REQUIRED BY THE CONSTRUCTION WORKS, INCLUDING THE
RECONSTRUCTION OF THE EXISTING UNITED STATES ROUTE 1 HIGHWAY
BRIDGE WITH ITS APPROACH RAMPS;
(3) HOLD AND SAVE THE UNITED STATES FREE FROM DAMAGES DUE TO
THE CONSTRUCTION WORKS;
(4) MAINTAIN AND OPERATE ALL THE WORKS AFTER COMPLETION IN
ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARY OF THE
ARMY;
(5) PREVENT ENCROACHMENT ON THE PROJECT FLOOD CHANNELS THAT
WOULD DECREASE THE EFFECTIVENESS OF THE FLOOD CONTROL IMPROVEMENT;
(6) PROVIDE AT THEIR OWN EXPENSE FLOOD PROOFING OF EXISTING AND
FUTURE BUILDING AND OTHER MEASURES AS NECESSARY TO PROVIDE FLOOD
PROTECTION AGAINST A ONE HUNDRED-YEAR FLOOD;
(7) DEVELOP A LAND MANAGEMENT PLANNING PROCESS SATISFACTORY TO
THE SECRETARY OF THE ARMY FOR THE AREA PROTECTED BY THE PROJECT
AND OTHER AREAS WITHIN THE JURISDICTION OF THE NON-FEDERAL
INTEREST OR INTERESTS FURNISHING THE COOPERATION FOR THE PROJECT,
WHICH WILL INSURE, AMONG OTHER THINGS, THAT FUTURE DEVELOPMENT
WILL NOT BE PERMITTED IN FLOOD PRONE AREAS UNLESS SUITABLE
STRUCTURAL OR NON-STRUCTURAL FLOOD CONTROL MEASURES ARE FIRST
UNDERTAKEN BY NON-FEDERAL PUBLIC OR PRIVATE INTERESTS AT NO
EXPENSE TO THE FEDERAL GOVERNMENT;
(9) CONTRIBUTE IN CASH TOWARD CONSTRUCTION OF THE PROJECT A SUM
ESTIMATED AT $2,439,000, AS FOLLOWS:
(A) CITY OF ALEXANDRIA--ONE-HALF OF THE COST OF CONSTRUCTION OF
THE CHANNELS AND FLOODWALLS BETWEEN COMMONWEALTH AVENUE AND
INTERSTATE 95, IN THE CITY OF ALEXANDRIA, OR $1,500,000 WHICH IS
GREATER,
(B) ARLINGTON COUNTY--$500,000,
(C) RICHMOND. FREDERICKSBURG, AND POTOMAC RAILROAD COMPANY--$
439,000;
(10) PAY 50 PER CENTUM OF THE SEPARABLE COSTS OF THE PROJECT
ALLOCATED TO RECREATION, CONSISTENT WITH THE FEDERAL WATER PROJECT
RECREATION ACT (PUBLIC LAW 89 - 72). //79 STAT. 213, 16 USC 4601
- 12 NOTE.//
(C) THERE IS AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY OF THE
ARMY FOR CONSTRUCTION OF THE FOURMILE RUN PROJECT NOT TO EXCEED
$29,981,000, PLUS OR MINUS SUCH AMOUNTS, IF ANY, AS MAY BE JUSTIFIED BY
REASON OF ORDINARY FLUCTUATION IN THE COST OF CONSTRUCTION AS INDICATED
BY ENGINEERING COST INDEXES APPLICABLE TO THE TYPE OF CONSTRUCTION
INVOLVED.
SEC. 85. (A) THE PROJECTS FOR VERONA DAM AND LAKE, VIRGINIA, AND FOR
SIXES BRIDGE DAM AND LAKE, MARYLAND, ARE HEREBY AUTHORIZED SUBSTANTIALLY
IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE SECRETARY OF THE ARMY IN
HOUSE DOCUMENT NUMBERED 91 - 343 AS MODIFIED BY THE RECOMMENDATIONS OF
THE CHIEF OF ENGINEERS IN HIS REPORT DATED JULY 13, 1973, EXCEPT THAT
SUCH AUTHORIZATION SHALL BE LIMITED TO THE PHASE I DESIGN MEMORANDUM OF
ADVANCED ENGINEERING AND DESIGN, AT AN ESTIMATED COST OF $1,400,000.
(B) (1) PRIOR TO ANY FURTHER AUTHORIZATION OF SUCH SIXES BRIDGE DAM
PROJECT, THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS SHALL (A) MAKE A FULL AND COMPLETE INVESTIGATION AND STUDY OF
THE FUTURE WATER RESOURCES NEEDS OF THE WASHINGTON METORPOLITAN AREA,
INCLUDING BUT NOT LIMITED TO THE ADEQUACY OF PRESENT WATER SUPPLY,
NATURE OF PRESENT AND FUTURE USES, THE EFFECT WATER PRICING POLICIES AND
USE RESTRICTIONS MAY HAVE ON FUTURE DEMAND, THE FEASIBILITY OF UTILIZING
WATER FROM THE POTOMAC ESTUARY, ALL POSSIBLE WATER IMPOUNDMENT SITES,
NATURAL AND RECHARGED GROUND WATER SUPPLY, WASTEWATER RECLAMATION, AND
THE EFFECT SUCH PROJECTS WILL HAVE ON FISH, WILDLIFE, AND PRESENT
BENEFICIAL USES, AND SHALL PROVIDE RECOMMENDATIONS BASED ON SUCH
INVESTIGATION AND STUDY FOR SUPPLYING SUCH NEEDS, AND (B) REPORT TO THE
CONGRESS THE RESULTS OF SUCH INVESTIGATION AND STUDY TOGETHER WITH SUCH
RECOMMENDATIONS. THE STUDY OF MEASURES TO MEET THE WATER SUPPLY NEEDS
OF THE WASHINGTON METROPOLITAN AREA SHALL BE COORDINATED WITH THE
NORTHEASTERN UNITED STATES WATER SUPPLY STUDY AUTHORIZED BY THE ACT OF
OCTOBER 27, 1965 (79 STAT. 1073). //42 USC 1962D - 4.//
(2) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS,
SHALL UNDERTAKE AN INVESTIGATION AND STUDY OF THE USE OF ESTUARY WATERS
TO DETERMINE THE FEASIBILITY OF USING SUCH WATES AS A SOURCE OF WATER
SUPPLY AND IS AUTHORIZED TO CONSTRUCT, OPERATE, AND EVALUATE A PILOT
PROJECT ON THE POTOMAC ESTUARY FOR THE TREATMENT OF SUCH WATERS AT AN
ESTIMATED COST OF $6,000,000. THE SECRETARY OF THE ARMY, ACTING THROUGH
THE CHIEF OF ENGINEERS, SHALL REPORT TO THE CONGRESS ON THE RESULTS OF
SUCH PROJECT WITHIN THREE YEARS AFTER COMMENCEMENT OF OPERATION OF SUCH
PROJECT AND SUCH REPORT SHALL INCLUDE THE RESULTS OF TWO YEARS TESTING
AT THE PILOT PROJECT FOR THE TREATMENT OF WATER FROM THE POTOMAC
ESTUARY.
(3) THE SECRETARY OF THE ARMY, ACTING THROUGH THE ENIEF OF ENGINEERS,
SHALL REQUEST THE NATIONAL ACADEMY OF SCIENCES-NATIONAL ACADEMY OF
ENGINEERING TO REVIEW AND BY WRITTEN REPORT COMMENT UPON THE SCIENTIFIC
BASIS FOR THE CONCLUSIONS REACHED BY THE INVESTIGATION AND STUDY OF THE
FUTURE WATER RESOURCE NEEDS OF THE WASHINGTON METROPOLITAN AREA AND THE
PILOT PROJECT FOR THE TREATMENT OF WATER FROM THE POTOMAC ESTUARY. SUCH
REVIEW AND WRITTEN REPORT SHALL BE COMPLETED AND SUBMITTED TO THE
CONGRESS WITHIN ONE YEAR FOLLOWING THE COMPLETION OF BOTY THE CORPS OF
ENGINEERS REPORT ON THE FUTURE WATER RESOURCE NEEDS OF THE WASHINGTON
METROPOLITAN AREA AND THE REPORT ON THE RESULTS DERIVED FROM THE PILOT
PROJECT FOR THE TREATMENT OF WATER FOM THE POTOMAC ESTUARY. COMPLETION
OF SUCH REVIEW AND WRITTEN REPORT BY THE NATIONAL ACADEMY OF
SCIENCES-NATIONAL ACADEMY OF ENGINEERING SHALL BE A CONDITION OF FURTHER
AUTHORIZATION OF SUCH SIXES BRIDGE DAM PROJECT.
(4) THE SECRETARY OF THE ARMY IS AUTHORIZED TO ENTER INTO APPROPRIATE
ARRANGEMENTS WITH THE NATIONAL ACADEMY OF SCIENCES-NATIONAL ACADEMY OF
ENGINEERING FOR THE PURPOSE OF THIS SUBSECTION.
(C) THERE IS AUTHORIZED $1,000,000 FOR THE PURPOSES OF CARRYING OUT
THE PROVISIONS CONTAINED IN PARAGRAPH (3) OF SUBSECTION (B).
SEC. 86. (A) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED TO ASSIST THE NATIONAL PARK SERVICE IN THE
NATIONAL PARK SERVICE'S PROGRAM TO PLAN FOR, DESIGN, AND IMPLEMENT
RESTORATION OF THE HISTORICAL AND ECOLOGICAL VALUES OF DYKE MARSH ON THE
POTOMAC RIVER. SUCH ASSISTANCE MAY INCLUDE, BUT NEED NOT BE LIMITED TO,
FURNISHING SUITABLE FILL MATERIAL OBTAINED FROM THE POTOMAC RIVER OR ITS
TRIBUTARIES, ITS PLACEMENT, UPON REQUEST, AND ENGINEERING AND TECHNICAL
SERVICES.
(B) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS,
IS AUTHORIZED AND DIRECTED TO MAKE AN INVESTIGATION AND STUDY OF THE
SILTATION AND SEDIMENTATION PROBLEMS OF THE POTOMAC RIVER BASIN WITH
PARTICULAR EMPHASIS ON THESE PROBLEMS AS THEY EXIST IN THE WASHINGTON
METROPOLITAN AREA OF THE BASIN. THIS STURY IS TO BE MADE IN
CONSULTATION WITH THE DEPARTMENTS OF INTERIOR AND AGRICULTURE, THE
ENVIRONMENTAL PROTECTION AGENCY, AND OTHER INTERESTED FEDERAL, STATE,
AND LOCAL ENTITIES AND IS TO INCLUDE, BUT NEED NOT BE LIMITED TO, A
DESCRIPTION OF THE EXTENT OF SUCH PROBLEMS TOGETHER WITH THE CHIEF OF
ENGINEERS' RECOMMENDATIONS ON FEASIBLE AND ENVIRONMENTALLY SOUND METHODS
OF REMOVING POLLUTED RIVER BED MATERIALS TO ENHANCE WATER QUALITY,
RECREATION USE, FISH AND WILDLIFE, NAVIGATION, AND THE ESTHETICS OF THE
BASIN, AS WELL AS HIS RECOMMENDATIONS ON ALTERNATIVE METHODS AND SITES
FOR THE PROPER DISPOSAL OF SUCH MATERIALS. THE SECRETARY OF THE ARMY
SHALL TRANSMIT THIS STUDY AND THE CHIEF OF ENGINEERS' RECOMMENDATIONS TO
THE CONGRESS NO LATER THAN THREE YEARS FROM THE DATE OF ENACTMENT OF
THIS ACT.
SEC. 87. THE COMPREHENSIVE PLAN FOR FLOOD CONTROL AND OTHER PURPOSES
FOR THE MISSISSIPPI RIVER AND TRIBUTRARIES, APPROVED BY THE FLOOD
CONTROL ACT OF JUNE 15, 1936, AS AMENDED, //49 STAT. 1575, 1580.// IS
HEREBY MODIFIED TO PROVIDE THAT THE CHANNEL OF BAYOU COURTABLEAU BE
ENLALRGED FROM WASHINGTON TO THE WEST PROTECTION LEVEE IN LIEU OF THE
AUTHORIZED WASHINGTON TO COURTABLEAU DIVERSION, AND THAT THE
RIGHT-OF-WAY AND SPOIL AREAS THEREFOR BE PROVIDED AT FEDERAL EXPENSE.
FURTHER, THAT ADDITIONAL CULVERTS THROUGH THE WEST PROTECTION LEVEE BE
PROVIDED AS NECESSARY FOR THE INCREASED FLOW.
SEC. 88. (A) THE PROJECT FOR FLOOD CONTROL BELOW CHATFIELD DAM ON
THE SOUTH PLATTE RIVER, COLORADO, AUTHORIZED BY THE FLOOD CONTROL ACT OF
1950 (64 STAT. 175), IS HEREBY MODIFIED TO AUTHORIZE THE SECRETARY OF
THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO PARTICIPATE WITH
NON-FEDERAL INTERESTS IN THE ACQUISITION OF LANDS AND INTERESTS THEREIN
AND IN THE DEVELOPMENT OF RECREATIONAL FACILITIES IMMEDIATELY DOWNSTREAM
OF THE CHATFIELD DAM, IN LIEU OF A PORTION OF THE AUTHORIZED CHANNEL
IMPROVEMENT, FOR THE PURPOSE OF FLOOD CONTROL AND RECREATION.
(B) SUCH PARTICIPATION SHALL (1) CONSIST OF THE AMOUNT OF SAVINGS
REALIZED BY THE UNITED STATES, AS DETERMINED BY THE SECRETARY OF THE
ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, IN NOT CONSTRUCTING THAT
PORTION OF THE AUTHORIZED CHANNEL IMPROVEMENT BELOW THE DAM, TOGETHER
WITH SUCH SHARE OF ANY LAND ACQUISITION AND RECREATION DEVELOPMENT
COSTS, OVER AND ABOVE THAT AMOUNT THAT THE SECRETARY OF THE ARMY
DETERMINES IS COMPARABLE TO THE SHARE AVAILABLE UNDER SIMILAR FEDERAL
PROGRAMS PROVIDING FINANCIAL ASSISTANCE FOR RECREATION AND OPEN SPACES,
(2) IN THE INSTANCE OF THE AFOREMENTIONED LAND ACQUISITION, BE
RESTRICTED TO THOSE LANDS DEEMED NECESSARY BY THE SECRETARY OF THE ARMY
FOR FLOOD CONTROL PURPOSES, AND (3) NOT OTHERWISE REDUCE THE LOCAL
COOPERATION REQUIRED UNDER THE PROJECT.
(C) PRIOR TO THE FURNISHING OF THE PARTICIPATION AUTHORIZED BY THIS
ACT, NON-FEDERAL INTERESTS SHALL ENTER INTO A BINGING WRITTEN AGREEMENT
WITH THE SECRETARY OF THE ARMY TO PREVENT ANY ENCROACHMENTS IN NEEDED
FLOOD PLAIN DETENTION AREAS WHICH WOULD REDUCE THEIR CAPABILITY FOR
FLOOD DETENTION AND RECREATION.
SEC. 89. THE PROJECT FOR THE ROGUE RIVER BASIN, OREGON AND
CALIFORNIA, AS AUTHORIZED IN SECTION 203 OF THE FLOOD CONTROL ACT OF
1962 (PUBLIC LAW 87 - 874) //76 STAT. 1192.// IS MODIFIED TO PROVIDE
THAT CONSTRUCTION OF THE APPLEGATE LAKE, OREGON PROJECT MAY COMMENCE
PRIOR TO NON-FEDERAL INTERESTS MAKING NECESSARY ARRANGEMENTS WITH THE
SECRETARY OF THE INTERIOR FOR REPAYMENT IN ACCORDANCE WITH FEDERAL
RECLAMATION LAWS. THE APPLEGATE PROJECT SHALL NOT BE OPERATED FOR
IRRIGATION PURPOSES UNTIL SUCH TIME AS THE SECRETARY OF THE INTERIOR
MAKES THE NECESSARY ARRANGEMENTS WITH NON-FEDERAL INTERESTS TO RECOVER
THE COSTS, IN ACCORDANCE WITH FEDERAL RECLAMATION LAWS WHICH ARE
ALLOCATED TO THE IRRIGATION PURPOSE.
SEC. 90. THE PLAN FOR FLOOD PROTECTION IN THE BIG SANDY RIVER BASIN,
KENTUCKY, WEST VIRGINIA, AND VIRGINIA INCLUDED IN THE COMPREHENSIVE PLAN
FOR FLOOD CONTROL IN THE OHIO RIVER BASIN, AUTHORIZED BY THE FLOOD
CONTROL ACT, APPROVED JUNE 22, 1936 (49 STAT. 1570), AS AMENDED AND
MODIFIED, IS HEREBY FURTHER MODIFIED TO AUTHORIZE THE SECRETARY OF THE
ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO PROVIDE ALL COMMUNITIES
IN THE TUG FORK VALLEY OF THE BIG SANDY RIVER BASIN, KENTUCKY, VIRGINIA,
AND WEST VIRGINIA, WITH COMPREHENSIVE FLOOD PROTECTION BY A COMBINATION
OF LOCAL FLOOD PROTECTION WORKS AND RESIDENTIAL FLOOD PROOFING SIMILAR
TO THE MEASURES DESCRIBED BY THE CHIEF OF ENGINEERS IN THE "REPORT ON
TUG FORK, JULY 1973", EXCEPT THAT SUCH AUTHORIZATION SHALL BE LIMITED TO
THE PHASE I DESIGN MEMORANDUM STAGE OF ADVANCED ENGINEERING AND DESIGN
AT AN ESTIMATED COST OF $1,290,000.
SEC. 91. THE NEW YORK HARBOR COLLECTION AND REMOVAL OF DRIFT PROJECT
IS HEREBY MODIFIED IN ACCORDANCE WITH THE RECOMMENDATIONS CONTAINED IN
"SURVEY REPORT ON REVIEW OF PROJECT, NEW YORK HARBOR COLLECTION AND
REMOVAL OF DRIFT," DATED JUNE 1968, REVISED MARCH 1969, AND APRIL 1971,
ON FILE IN THE OFFICE, CHIEF OF ENGINEERS. THERE IS AUTHORIZED TO BE
APPROPRIATED NOT TO EXCEED $14,000,000 TO CARRY OUT THE MODIFICATION
AUTHORIZED BY THIS SECTION.
SEC. 92. (A) THE HURRICANE-FLOOD PROTECTION PROJECT ON LAKE
PONTCHARTRAIN, LOUISIANA, AUTHORIZED BY SECTION 204 OF THE FLOOD CONTROL
ACT OF 1965 (PUBLIC LAW 89 - 298) //79 STAT. 1077.// IS HEREBY MODIFIED
TO PROVIDE THAT NON-FEDERAL PUBLIC BODIES MAY AGREE TO PAYR THE UNPAID
BALANCE OF THE CASH PAYMENT DUE, WITH INTEREST, IN YEARLY INSTALLMENTS.
THE YEARLY INSTALLMENTS WILL BE INITIATED WHEN THE SECRETARY DETERMINES
THAT THE PROJECT IS COMPLETE BUT IN NO CASE SHALL THE INITIAL
INSTALLMENT BE DELAYED MORE THAN TEN YEARS AFTER THE INITIATION OF
PROJECT CONSTRUCTION. EACH INSTALLMENT SHALL NOT BE LESS THAN
TWENTY-FIFTY OF THE REMAINING UNPAID BALANCE PLUS INTEREST ON SUCH
BALANCE, AND THE TOTAL OF SUCH INSTALLMENTS SHALL BE SUFFICIENT TO
ACHIEVE FULL PAYMENT, INCLUDING INTEREST, WITHIN TWENTY-FIVE YEARS OF
THE INITIATION OF PROJECT CONSTRUCTION.
(B) THE RATE OF INTEREST ON THE UNPAID BALAMCE SHALL THAT SPECIFIED
IN SECTION 301(B) OF THE WATER SUPPLY ACT OF 1958 (PUBLIC LAW 85 - 500).
//72 STAT. 319.//
(C) ANY PAYMENT AGREEMENT PURSUANT TO THE PROVISIONS OF THIS ACT
SHALL BE IN SRITING, AND THE PROVISIONS OF SUBSECTIONS (B), (C), AND (E)
OF SECTION 221 OF THE FLOOD CONTROL ACT OF 1970 (PUBLIC LAW 91 - 611)
SHALL BE APPLICABLE TO SUCH WRITTEN AGREEMENT. //84 STAT. 1831, 42 USC
1962D - 5B.//
SEC. 93. SECTION 107 OF THE RIVER AND HARBOR ACT OF 1948 (62 STAT.
1174) //22 USC 275A.// IS AMENDED BY STRIKING OUT "$22,000" AND
INSERTING IN LIEU THEREOF "$45,000".
SEC. 94. (A) THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED, IN COORDINATION WITH THE STATE OF
KENTUCKY AND APPROPRIATE LOCAL AGENCIES. (1) TO REPAIR EXISTING FLOOD
DAMAGE TO RIVER ROAD AT RABBIT HASH, BOONE COUNTY, KENTUCKY, OR, AS
APPROPRIATE, TO RELOCATE RIVER ROAD, (2) TO REPAIR EXISTING FLOOD DAMAGE
TO HUFF ROAD (ALSO KNOWN AS RYLE ROAD) AT HAMILTON LANDING, BOONE
COUNTY, KENTUCKY, OR, AS APPROPRIATE, TO RELOCATE HUFF ROAD, AND (3) TO
CONSTRUCT NEEDED STREAMBANK PROTECTION WORKS TO PREVENT FUTURE EROSION
DAMAGE TO PUBLIC AND PRIVATE FACILITIES AT AND NEAR BOONE COUNTY,
KENTUCKY.
(B) THERE IS AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $375,000 FOR
THE ROADWORK AUTHORIZED BY THIS SECTION AND NOT TO EXCEED $600,000 TO
CONSTRUCT THE BANK PROTECTION WORKS.
SEC. 95. THE PROJECT FOR RUSSIAN RIVER, DRY CREEK, CALIFORNIA, AS
AUTHORIZED IN SECTION 203 OF THE FLOOD CONTROL ACT OF 1962 (76 STAT.
1173), AS MODIFIED, //80 STAT. 1422.// IS FURTHER MODIFIED TO AUTHORIZE
AND DIRECT THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, TO COMPENSATE FOR FISH LOSSES ON THE RUSSIAN RIVER WHICH MAY
BE ATTRIBUTED TO THE OPERATION OF THE COYOTE DAM COMPONENT OF THE
PROJECT THROUGH MEASURES SUCH AS POSSIBLE EXPANSION OF THE CAPACITY OF
THE FISH HATCHERY AT THE WARM SPRINGS DAM COMPONENT OF THE PROJECT.
SEC. 96. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO INVESTIGATE AND STUDY THE
FEASIBILITY OF ACQUIRING, AS A PART OF THE PROJECT FOR KEHOE LAKE,
KENTUCKY, AUTHORIZED BY THE FLOOD CONTROL ACT OF 1966, AN AREA
CONSISTING OF APPROXIMATELY 4,000 ACRES FOR MAINTENANCE IN ITS NATURAL
STATE AND FOR THE PURPOSE OF ENVIRONMENTAL INVESTIGATIONS.
SEC. 97. (A) IF THE SECRETARY OF THE ARMY ACTING THROUGH THE CHIEF
OF ENGINEERS, FINDS THAT THE PROPOSED PROJECT IN SALISBURY, MARYLAND, TO
BE UNDERTAKEN AT THE LOCATIONS TO BE DECLARED NONNAVIGABLE UNDER THIS
SECTION IS IN THE PUBLIC INTEREST, ON THE BASIS OF ENGINEERING STUDIES
TO DETERMINE THE LOCATION AND STRUCTURAL STABILITYU OF ANY BULKHEADING
AND FILLING AND PERMANENT PILE-SUPPORTED STRUCTURES, IN ORDER TO
PRESERVE AND MAINTAIN THE REMAINING NAVIGABLE WATERWAY AND ON THE BASIS
OF ENVIRONMENTAL STUDIES CONDUCTED PURSUANT TO THE NATIONAL
ENVIRONMENTAL POLICY ACT OF 1969, //83 STAT. 852, 42 USC 4321 NOTE.//
THEN THOSE PORTIONS OF THE SOUTH PRONG OF THE WICOMICO RIVER IN WICOMICO
COUNTY, STATE OF MARYLAND, BOUNDED AND DESCRIBED AS FOLLOWS, ARE
DECLARED TO BE NOT A NAVIGABLE WATER OF THE UNITED STATES WITHIN THE
MEANING OF THE LAWS OF THE UNITED STATES, AND THE CONSENT OF CONGRESS IS
HEREBY GIVEN, CONSISTENT WITH SUBSECTION (B) OF THIS SECTION, TO THE
FILLING IN OF A PART THEREOF OR THE ERECTION OF PERMANENT PILE-SUPPORTED
STRUCTURES THEREON: THAT PORTION OF THE SOUTH PRONG OF THE WICOMICO
RIVER IN SALISBURY, MARYLAND, BOUNDED ON THE EAST BY THE WEST SIDE OF
UNITED STATES ROUTE 13; ON THE WEST BY THE WEST SIDE OF THE MILL STREET
BRIDGE; ON THE SOUTH BY A LINE FIVE FEET LANDWARD FROM THE PRESENT
WATER'S EDGE AT HIGH TIDE EXTENDING THE ENTIRE LENGTH OF THE SOUTH PRONG
FROM THE EAST BOUNDARY AT UNITED STATES ROUTE 13 OF THE WEST BOUNDARY AT
THE MILL STREET BRIDGE; AND ON THE NORTH BY A LINE FIVE FEET LANDWARD
FROM THE PRESENT WATER'S EDGE AT HIGH TIDE EXTENDING THE ENTIRE LENGTH
OF THE SOUTH PRONG FROM THE EAST BOUNDARY AT UNITED STATES ROUTE 13 TO
THE WEST BOUNDARY AT THE MILL STREET BRIDGE.
(B) THIS DECLARATION SHALL APPLY ONLY TO THE PORTIONS OF THE AREAS
DESCRIBED IN SUBSECTION (A) WHICH ARE BULKHEADED AND FILLED OR OCCUPIED
BY PERMANENT PILE-SUPPORTED STRUCTURES. PLANS FOR BULKHEADING AND
FILLING AND PERMANENT PILE-SUPPORTED STRUCTURES SHALL BE APPROVED BY THE
SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS. SUCH
BULKHEADED AND FILLED AREAS OR AREAS OCCUPIED BY PERMANENT
PILE-SUPPORTED STRUCTURES SHALL NOT REDUCE THE EXISTING WIDTH OF THE
WICOMICO RIVER TO LESS THAN SIXTY FEET AND A MINUMUM DEPTH OF FIVE FEET
SHALL BE MAINTAINED WITHIN SUCH SIXTY-FOOT WIDTH OF THE WICOMICO RIVER.
LOCAL INTERESTS SHALL REIMBURSE THE FEDERAL GOVERNMENT FOR ENGINEERING
AND ALL OTHER COSTS INCURRED UNDER THIS SECTION.
SEC. 98. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED AND DIRECTED TO UNDERTAKE A DEMONSTRATION
PROJECT FOR THE REMOVAL OF SILT AND AQUATIC GROWTH FROM BROADWAY LAKE,
ANDERSON COUNTY, SOUTH CAROLINA, AT AN ESTIMATED COST OF $400,000. THE
SECRETARY SHALL REPORT TO THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY THE PLANS FOR THE RESULTS OF SUCH PROJECT TOGETHER
WITH SUCH RECOMMENDATIONS AS HE DETERMINES NECESSARY TO ASSIST IN
CARRYING OUT THE PROGRAM FOR FRESH WATER LAKES UNDER SECTION 314 OF THE
FEDERAL WATER POLLUTION CONTROL ACT. //86 STAT. 875.//
SEC. 99. THE CACHE RIVER BASIN PROJECT FEATURE MISSISSIPPI RIVER AND
TRIBUTARIES PROJECT, ARKANSAS, AUTHORIZED BY THE FLOOD CONTROL ACT
APPROVED MAY 17, 1950, //64 STAT. 172.// IS HEREBY MODIFIED TO PROVIDE
FOR ACQUISITION BY FEE OR EASEMENTS, OF NOT MORE THAN SEVENTY THOUSAND
ACRES OF LAND FOR FISH AND WILDLIFE MANAGEMENT, RECREATION, AND
ENVIRONMENTAL PURPOSES, OF WHICH NOT LESS THAN THIRTY THOUSAND ACRES
SHALL BE AVAILABLE FOR PUBLIC USE IN ACCORDANCE WITH THE RECOMMENDATIONS
OF THE CHIEF OF ENGINEERS IN HOUSE DOCUMENT NUMBERED 92 - 366. THE
TOTAL FEDERAL EXPENDITURE FOR THIS ACQUISITION SHALL NOT EXCEED
$7,000,000 AND LOCAL INTERESTS SHALL CONTRIBUTE 50 PER CENTUM OF ANY
COST IN EXCESS OF $6,000,000. NO ACTION MAY BE INITIATED FOR ANY TAKING
OF PROSPECTIVE MITIGATION LANDS UNTIL AN OFFER HAS FIRST BEEN MADE TO
THE LANDOWNER THEREOF TO TAKE ONLY AN ENVIRONMENTAL EASEMENT.
EASEMENT-TAKING OFFERS SHALL ALLOW THE LANDOWNER THE CHOICE OF EITHER
KEEPING ACCESS SUBJECT TO PRIVATE CONTROL OR ALLOWING PUBLIC ACCESS.
EASEMENTS FOR ENVIRONMENTAL PURPOSES ON LANDS NOT CLEARED AT THE TIME OF
TAKING SHALL PREVENT CLEARING OF THE LAND FOR COMMERCIAL AGRICULTURAL
PURPOSES OR ANY OTHER PURPOSE INCONSISTENT WITH WILDLIFE HABITAT BUT
SHALL ALLOW ANY LANDOWNERS TO MANAGE THE LANDS TO PROVIDE A PERPETUAL,
REGULARLY HARVESTED HARDWOOD FOREST, WHICH MAY BE HARVESTED IN SUCH A
MANNER AS TO PROVIDE FOOD AND HABITAT FOR A VARIETY OF WILDLIFE.
SELECTION OF AREAS AND DESIGNATION OF USE SHALL BE WITHIN THE DISCRETION
OF THE CHIEF OF ENGINEERS. SECTION 401 OF THE ACT OF JUNE 15, 1935 (16
U.S.C. 715S), //78 STAT. 70.// PERTAINING TO THE DISTRIBUTION OF
REVENUES, IS HEREBY EXTENDED AND MADE APPLICABLE TO THOSE LANDS ACQUIRED
HEREUNDER BY THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, FOR
MITIGATION PURPOSES UPON THEIR TRANSFER TO THE DEPARTMENT OF THE
INTERIOR, OR ANY OTHER GOVERNMENTAL AGENCY. NO LESS THAN 20 PER CENTUM
OF THE FUNDS APPROPRIATED EACH FISCAL YEAR FOR THE CACHE RIVER PROJECT
SHALL BE APPROPRIATED TO IMPLEMENT MITIGATION UNTIL THE FULL MITIGATION
AMOUNT HAS BEEN APPROPRIATED.
SEC. 100. THE KNIFE RIVER HARBOR PROJECT ON LAKE SUPERIOR,
MINNESOTA, IS HEREBY MODIFIED TO REQUIRE THE SECRETARY OF THE ARMY,
ACTING THROUGH THE CHIEF OF ENGINEERS, TO CONSTRUCT SUCH MEASURES AS THE
CHIEF OF ENGINEERS DETERMINES NECESSARY TO CORRECT THE DESIGN DEFICIENCY
WHICH RESULTS IN UNSATISFACTORY ENTRANCE AND MOORING CONDITIONS AT SUCH
HARBOR, AT AN ESTIMATED COST OF $850,000.
SEC. 101. THE PROJECT FOR FLOOD PROTECTION ON THE RAHWAY RIVER, NEW
JERSEY, AUTHORIZED BY THE FLOOD CONTROL ACT OF 1965 //79 STAT. 1075.//
IS HEREBY MODIFIED TO PROVEDE THAT THE COSTS OF RELOCATIONS OF UTILITIES
WITHIN THE CHANNEL WALLS SHALL BE BORNE BY THE UNITED STATES.
SEC. 102. THE PROJECT FOR FLOOD PROTECTION ON THE CHARITON RIVER,
IOWA AND MISSOURI, AS AUTHORIZED BY THE FLOOD CONTROL ACT OF 1954 (68
STAT. 1262) IS MODIFIED TO AUTHORIZE AND DIRECT THE SECRETARY OF THE
ARMY TO MAKE A PAYMENT OF $700,000 TO THE IOWA CONSERVATION COMMISSION
TOWARD THE COST OF CONSTRUCTION OF SUCH COMMISSION OF THE FISH HATCHERY
PLANNED TO BE CONSTRUCTED FOR THE PURPOSE OF RESTORING FISH LOSSES
RESULTING FROM THE CONSTRUCTION OF RATHBUN, SAYLORVILLE, CORALVILLE, AND
RED ROCK DAM AND LAKE IN THE STATE OF IOWA. NO SUCH PAYMENT SHALL BE
MADE UNTIL THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, SHALL HAVE APPROVED THE PLANS FOR SUCH FISH HATCHERY.
SEC. 103. THE PROJECT FOR THE KANSAS RIVER, KANSAS, NEBRASKA, AND
COLORADO, AUTHORIZED BY THE FLOOD CONTROL ACT OF 1962 (76 STAT.1180,
1187) IS HEREBY MODIFIED TO PROVIDE THAT THE SECRETARY OF THE ARMY,
ACTING THROUGH THE CHIEF OF ENGINEERS, IS AUTHORIZED TO RELOCATE THE
EXISTING FAS 1343 CROSSING OVER THE VERMILION CREEK, AS REQUIRED FOR THE
ONAGA LAKE PROJECT, IN ADVANCE OF CONSTRUCTION OF SUCH PROJECT.
SEC. 104. THE REQUIREMENTS OF SECTION 221 OF THE FLOOD CONTROL ACT
OF 1970 (PUBLIC LAW 91 - 611) //84 STAT. 1831, 42 USC 1962D - 5B.//
SHALL NOT APPLY TO ANY AGREEMENTS, TO INCLUDE AGREEMENTS ON RECREATIONAL
DEVELOPMENT, BETWEEN THE FEDERAL GOVERNMENT AND THE STATE OF WEST
VIRGINIA FOR LOCAL COOPERATION AS A CONDITION FOR THE CONSTRUCTION OF
THE PROJECT FOR STONEWALL JACKSON LAKE, WEST FORK RIVER, WEST VIRGINIA,
AUTHORIZED BY SECTION 203 OF THE FLOOD CONTROL ACT OF 1966 (PUBLIC LAW
89 - 789). //80 STAT. 1421.// THE SECRETARY OF THE ARMY, ACTING THROUGH
THE CHIEF OF ENGINEERS, IS AUTHORIZED TO CONTRACT WITH THE STATE OF WEST
VIRGINIA ON THE ITEMS OF LOCAL COOPERATION FOR THE STONEWALL JACKSON
LAKE PROJECT, WHICH ARE TO BE ASSUMED BY THE STATE, NOTWITHSTANDING THAT
THE STATE MAY ELECT TO MAKE ITS PERFORMANCE OF ANY OBLIGATION CONTINGENT
UPON THE STATE LEGISLATURE MAKING THE NECESSARY APPROPRIATIONS AND FUNDS
BEING ALLOCATED FOR THE SAME OR SUBJECT TO THE AVAILABILITY OF FUNDS ON
THE PART OF THE STATE.
SEC. 105. THE PROJECT FOR FLOOD PROTECTION ON THE SOURIS RIVER AT
MINOT, NORTH DAKOTA, APPROVED BY RESOLUTIONS OF THE COMMITTEES ON PUBLIC
WORKS OF THE SENATE AND HOUSE OF REPRESENTATIVES UNDER THE AUTHORITY OF
SECTION 201 OF THE FLOOD CONTROL ACT OF 1968, //82 STAT. 739; 84 STAT.
1824, 33 USC 701C NOTE.// IS HEREBY MODIFIED TO AUTHORIZE THE SECRETARY
OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS, TO REIMBURSE THE
DESIGNATED NON-FEDERAL PUBLIC BODIES FOR THE ESTIMATED ADDITIONAL COST
BEING INCURRED BY THEM FOR LANDS AND RELOCATIONS IN THE PROPOSED CHANNEL
REALIGNMENT AT THE THIRD AVENUE N. E. BRIDGE IN MINOT. THE AMOUNT OF
REIMBURSABLE COSTS SHALL NOT EXCEED $200,000.
SEC 106. NOTWITHSTANDING SECTION 105 OF THE RIVER AND HARBOR ACT OF
1966 (80 STAT. 1406) OR ANY OTHER PROVISION OF THE LAW, THE STATES OF
ILLINOIS AND MISSOURI, WHICH ARE CONNECTED BY THE BRIDGE CONSTRUCTED BY
THE CITY OF CHESTER, ILLINOIS, PURSUANT TO PUBLIC LAW 76 - 751 //54
STAT. 765// AND PUBLIC LAW 85 - 512, //72 STAT. 355.// ARE AUTHORIZED TO
CONTRACT INDIVIDUALLY OR JOINTLY WITH THE CITY OF CHESTER, ILLINOIS, ON
OR BEFORE JUNE, 1974, TO ASSUME RESPONSIBILITY FOR THE OPERATION,
MAINTENANCE, AND REPAIR OF THE CHESTER BRIDGE AND THE APPROCHES THERETO
AND LAWFUL EXPENSES INCURRED IN CONNECTION THEREWITH (EXCLUSIVE OF
PRINCIPAL, INTEREST, AND FINANCING CHARGES ON THE OUTSTANDING
INDEBTEDNESS ON SUCH BRIDGE AND APPROACHES). WHEN EITHER OR BOTH STATES
ENTER INTO SUCH AN AGREEMENT ALL TOLLS THEREAFTER CHARGED FOR TRANSIT
OVER SUCH BRIDGE SHALL, EXCEPT AS PROVIDED IN THE LAST TWO SENTENCES OF
THIS ACT, BE USED EXCLUDIVELY (A) TO RETIRE OUTSTANDING INDEBTEDNESS
(INCLUDING REASONABLE INTEREST AND FINANCING CHARGES) ON THE BRIDGE AND
APPROACHES THERETO AND (B) CREDITED INTO A SINKING FUND ESTABLISHED FOR
SUCH BRIDGE. NO TOLLS SHALL BE CHARGED FOR TRANSIT OVER SUCH BRIDGE
AFTER THE OUTSTANDING INDEBTEDNESS (INCLUDING REASONABLE INTEREST AND
FINANCING CHARGES) ON SUCH BRIDGE AND APPROACHES. IF A STATE DECLINES
OR IS UNABLE TO PARTICIPATE IN THE AGREEMENT AUTHORIZED BY THIS ACT, THE
OTHER STATE MAY ASSUME THE RESPONSIBILITIES SUCH STATE WOULD HAVE
ASSUMED UNDER SUCH AN AGREEMENT. IN THAT EVENT, THE ASSUMING STATE
SHALL BE ENTITLED TO RECEIVE FROM TOLL REVENUES, AFTER PROVISION IS MADE
FOR PRINCIPAL AND INTEREST PAYMENTS ON ANY INDEBTEDNESS THEN OUTSTANDING
ON THE BRIDGE AND ITS APPROACHES, AS REIMBURSEMENT, AN AMOUNT OF MONEY
(NO LESS OFTEN THAN ANNUALLY) WHICH IS EQUAL TO THE NONPARTICIPATING
STATE'S FAIR SHARE OF THE OPERATING, MAINTENANCE, REPAIR, AND OTHER
LAWFUL COSTS INCURRED IN CONNECTION WITH THE BRIDGE AND ITS APPROACHES.
SEC. 107. IF THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS AND IN CONSULTATION WITH THE ADMINISTRATOR OF THE
ENVIRONMEMTAL PROTECTION AGENCY AND AFFECTED NON-FEDERAL INTERESTS,
DETERMINES THAT ENVIRONMENTAL, ENGINEERING, AND ECONOMIC CONSIDERATIONS
MAKE IT ADVISABLE TO UTILIZE THE SERVICES OF A REGIONAL OR MUNICIPAL
SEWAGE TREATMENT PLANT FOR THE TREATMENT OF DEWAGE RESULTING FROM THE
OPERATING OF RECREATION AND OTHER FACILITIES AT CORPS OF ENGINEERS WATER
RESOURCES DEVELOPMENT PROJECTS, THEN THE SECRETARY IS AUTHORIZED TO
INCLUDE AS PART OF THE REASONABLE SERVICE CHARGES CONTEMPLATED BY
SECTION 313 OF THE FEDERAL WATER POLLUTION CONTROL ACT PAYMENT, //86
STAT. 875, 33 USC 1323.// IN WHOLE OR IN PART, FOR THAT PORTION OF THE
COSTS OF CONSTRUCTING THE SEWAGE TREATMENT PLANT WHICH IS ATTRIBUTABLE
TO THE PURPOSE OF TREATING THE SEWAGE RESULTING FROM THE OPERATION OF
SUCH CORPS FACILITIES. PAYMENT FOR SUCH CONSTRUCTION COST MAY BE EITHER
IN LUMP SUM OR ON AN INSTALLMENT BASIS.
SEC. 108. (A) AS USED IN THIS SECTION THE TERM "SECRETARY" SHALL
MEAN THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF ENGINEERS.
THE SECRETARY, IN ACCORDANCE WITH THE NATIONAL RECREATION AREA CONCEPT
INCLUDED IN THE INTERAGENCY REPORT PREPARED PURSUANT TO SECTION 218 OF
THE FLOOD CONTROL ACT OF 1968 (PUBLIC LAW 90 - 483) //82 STAT. 749.// BY
THE CORPS OF ENGINEERS, THE DEPARTMENT OF THE INTERIOR, AND THE
DEPARTMENT OF AGRICULTURE, AS MODIFIED BY THIS SECTION, IS AUTHORIZED
AND DIRECTED TO ESTABLISH ON THE BIG SOUTH FORK OF THE CUMBERLAND RIVER
IN KENTUCKY AND TENNESSEE THE BIG SOUTH FORK NATIONAL RIVER AND
RECREATION AREA (HEREAFTER IN THIS SECTION REFERRED TO AS THE "NATIONAL
AREA") FOR THE PURPOSES OF CONSERVING AND INTERPRETING AN AREA
CONTAINING UNIQUE CULTURAL, HISTORIC, GEOLOGIC, FISH AND WILDLIFE
ARCHEOLOGIC, SCENIC, AND RECREATIONAL VALUES, PRESERVING AS A NATURAL,
FREE-FLOWING STREAM THE BIG SOUTH FORK OF THE CUMBERLAND RIVER, MAJOR
PORTIONS OF ITS CLEAR FORK AND NEW RIVER STEMS, AND PORTIONS OF THEIR
VARIOUS TRIBUTARIES FOR THE BENEFIT AND ENJOYMENT OF PRESENT AND FUTURE
GENERATIONS, THE PRESERVATION OF THE NATURAL INTEGRITY OF THE SCENIC
GORGES AND VALLEYS, AND THE DEVELOPMENT OF THE AREA'S POTENTIAL FOR
HEALTHFUL OUTDOOR RECREATION. THE BOUNDARIES SHALL BE AS GENERALLY
DEPICTED ON THE DRAWING PREPARED BY THE CORPS OF ENGINEERS AND ENTITLED
"BIG SOUTH FORK NATIONAL RIVER AND RECREATION AREA" IDENTIFIED AS MAP
NUMBER BSF-NRRA (1) (A) AND DATED OCTOBER 1972, WHICH SHALL BE ON FILE
AND AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICE OF THE DISTRICT
ENGINEER, U.S. ARMY ENGINEER DISTRICT, NASHVILLE, TENNESSEE.
(B) THE SECRETARY SHALL ESTABLISH THE NATIONAL AREA BY PUBLICATION OF
NOTICE THEREOF IN THE FEDERAL REGISTER WHEN HE DETERMINES THAT THE
UNITED STATES HAS ACQUIRED AN ACREAGE WITHIN THE BOUNDARIES OF THE
NATIONAL AREA THAT IS EFFICIENTLY ADMINISTRABLE FOR THE PURPOSES OF THIS
SECTION. AFTER PUBLICATION OF NOTICE, AND AFTER HE HAS COMPLETED THE
CONSTRUCTION OF NECESSARY ACCESS ROADS, DAY-USE FACILITIES, CAMPGROUND
FACILITIES, LODGES, AND ADMINISTRATIVE BUILDINGS, THE SECRETARY SHALL
TRANSFER THE JURISDICTION OF THE NATIONAL AREA TO THE SECRETARY OF THE
INTERIOR WHO SHALL ADMINISTER THE NATIONAL AREA IN ACCORDANCE WITH THE
PROVISIONS OF THE ACT OF AUGUST 25, 1916 (39 STAT. 535; 16 U.S.C. 1, 2
- 4), AS AMENDED AND SUPPLEMENTED. IN THE ADMINISTRATION OF THE
NATIONAL AREA THE SECRETARY MAY UTILIZE SUCH STATUTORY AUTHORITY
AVAILABLE TO HIM FOR THE CONSERVATION AND MANAGEMENT OF WILDLIFE AND
NATURAL RESOURCES AS HE DEEMS APPROPRIATE TO CARRY OUT THE PURPOSES OF
THIS SECTION. THE SECRETARY OF THE INTERIOR MAY, AFTER TRANSFER TO HIM,
REVISE THE BOUNDARIES FROM TIME TO TIME, BUT THE TOTAL ACREAGE WITHIN
SUCH BOUNDARIES SHALL NOT EXCEED ONE HUNDRED AND TWENTY-FIVE THOUSAND
ACRES. FOLLOWING SUCH TRANSFER THE AUTHORITIES AVAILABLE TO TEH
SECRETARY IN SUBSECTION (C) OF THIS SECTION SHALL LIKEWISE BE AVAILABLE
TO THE SECRETARY OF THE INTERIOR. THE SECRETARY MAY, PRIOR TO THE
TRANSFER TO THE SECRETARY OF THE INTERIOR, REVISE THE BOUNDARIES FROM
TIME TO TIME, BUT THE TOTAL ACREAGW WITHIN SUCH BOUNDARIES SHALL NOT
EXCEED ONE HUNDRED AND TWENTY-FIVE THOUSAND ACRES.
(C) (1) WITHIN THE BOUNDARIES OF THE NATIONAL AREA, THE SECRETARY MAY
ACQUIRE LANDS AND WATERS OR INTERESTS THEREIN BY DONATION, PURCHASE WITH
DONATD OR APPROPRIATED FUNDS, OR EXVHANGE OR OTHERWISE, EXCEPT THAT
LANDS (OTHER THAN ROADS AND RIGHTS-OF-WAY FOR ROADS) OWNED BY THE STATES
OF KENTUCKY AND TENNESSEE OR ANY POLITICAL SUBDIVISIONS THEREOF MAY BE
ACQUIRED ONLY BY DONATION. WHEN AN INDIVIDUAL TRACT OF LAND IS ONLY
PARTLY WITHIN THE BOUNDARIES OF THE NATIONAL AREA, THE SECRETARY MAY
ACQUIRE ALL OF THE TRACT BY ANY OF THE ABOVE METHODS IN ORDER TO AVOID
THE PAYMENT OF SEVERANCE COSTS. LAND SO ACQUIRED OUTSIDE OF THE
BOUNDARIES OF THE NATIONAL AREA MAY BE EXCHANGED BY SECRETARY FOR
NON-FEDERAL LANDS WITHIN THE NATIONAL AREA BOUNDARIES, AND ANY PORTION
OF THE LAND NOT UTILIZED FOR SUAH EXCHANGES MAY BE DISPOSED OF IN
ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL PROPERTY AND
ADMINISTRATIVE SERVICES ACT OF 1949 (63 STAT. 377; 40 U.S.C. 471 ET
SEQ.), AS AMENDED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY
FEDERAL PROPERTY WITHIN THE BOUNDARIES OF THE NATIONAL AREA SHALL BE
TRANSFERRED WITHOUT CONSIDERATION TO THE ADMINISTRATIVE JURISDICTION OF
THE SECRETARY FOR THE PURPOSES OF THIS SECTION.
(2) WITH THE EXCEPTION OF PROPERTY OR ANY INTEREST IN PROPERTY THAT
THE SECRETARY DETERMINES IS NECESSARY FOR PURPOSES OF ADMINISTRATION,
PRESERVATION, OR PUBLIC USE, ANY OWNER OR OWNERS (HEREAFTER IN THIS
SECTION REFERRED TO AS "OWNER") OF IMPROVED PROPERTY USED SOLELY FOR
NONCOMMERCIAL RESIDENTIAL PURPOSES ON THE DATE OF ITS ACQUISITION BY THE
SECRETARY MAY RETAIN THE RIGHT OF USE AND OCCUPANCY OF SUCH PROPERTY FOR
SUCH PURPOSES FOR A TERM, AS THE OWNER MAY ELECT, ENDING EITHER (A) UPON
THE DEATH OF THE OWNER OR HIS SPOUSE, WHICHEVER OCCURS LATER, OR (B) NOT
MORE THAN TWENTY-FIVE YEARS FROM THE DATE OF ACQUISITION. THE SECRETARY
SHALL PAY TO THE OWNER THE FAIR MARKET VALUE OF THE PROPERTY ON THE DATE
OF ACQUISITION, LESS THE FAIR MARKET VALUE ON SUCH DATE OF THE TERM
RETAINED BY THE OWNER. SUCH RIGHT: SHALL BE SUBJECT TO SUCH TERMS AND
CONDITIONS AS THE SECRETARY DEEMS APPROPRIATE TO ASSURE THAT THE
PROPERTY IS USED IN ACCORDANCE WITH THE PURPOSES OF THIS SECTION; MAY
BE TRANSFERRED OR ASSIGNED; AND MAY BE TERMINATED WITH RESPECT TO THE
ENTIRE PROPERTY BY THE SECRETARY UPON HIS DETERMINATION THAT THE
PROPERTY OR ANY PORTION THEREOF HAS CEASED TO BE USED FOR NONCOMMERCIAL
RESIDENTIAL PURPOSES, AND UPON TENDER TO THE HOLDER OF THE RIGHT AN
AMOUNT EQUAL TO THE FAIR MARKET VALUE, AS OF THE DATE OF THE TENDER, OF
THAT PORTION OF THE RIGHT WHICH REMAINS UNEXPIRED ON THE DATE OF
TERMINATION. ANY PERSON RESIDING UPON IMPROVED PROPERTY, SUBJECT TO THE
RIGHT OF ACQUISITION BY THE SECRETARY AS A TENANT OR BY THE SUFFERANCE
OF THE OWNER OR OWNERS OF THE PROPERTY MAY BE ALLOWED TO CONTINUE IN
SUCH RESIDENCE FOR THE LIFETIME OF SUCH PERSON OR HIS SPOUSE, WHICHEVER
OCCURS LATER, SUBJECT TO THE SAME RESTRICTIONS AS APPLICABLE TO OWNERS
RESIDING UPON SUCH PROPERTY AND PROVIDED THAT ANY OBLIGATION OR RENTAL
INCURRED AS CONSIDERATION FOR SUCH TENANCY SHALL ACCRUE DURING SUCH TERM
TO THE UNITED STATES TO BE USED IN THE ADMINISTRATION OF THIS SECTION.
(3) AS USED IN THIS SECTION THE TERM "IMPROVED PROPERTY" MEANS A
DETACHED YEAR-ROUND ONE-FAMILY DWELLING WHICH SERVES AS THE OWNER'S
PERMANENT PLACE OF ABODE AT THE TIME OF ACQUISITION, AND CONSTRUCTION OF
WHICH WAS BEGUN BEFORE JANUARY 1, 1974, TOGETHER WITH SO MUCH OF THE
LAND ON WHICH THE DWELING IS SITUATED, SUCH LAND BEING IN THE SAME
OWNERSHIP AS THE DWELLING, AS THE SECRETARY SHALL DESIGNATE TO BE
REASONABLY NECESSARY FOR THE ENJOYMENT OF THE DWELLING FOR THE SOLE
PURPOSE OF NONCOMMERCIAL RESIDENTIAL USE, EXCEPT THAT THE SECRETARY MAY
EXCLUDE FROM ANY IMPROVED PROPERTY ANY WATERS OR LAND FRONTING THEREON,
TOGETHER WITH SO MUCH OF THE LAND ADJOINING SUCH WATERS OR LAND AS HE
DEEMS NECESSARY FOR PUBLIC ACCESS THERETO.
(4) IN ANY CASE WHERE THE SECRETARY DETERMINES THAT UNDERLYING
MINERALS ARE REMOVABLE CONSISTENT WITH THE PROVISIONS OF SUBSECTION (E)
(3) OF THIS SECTION, THE OWNER OF THE MINERALS UNDERLYING PROPERTY
ACQUIRED FOR THE PURPOSES OF THIS SECTION MAY RETAIN SUCH INTEREST. THE
SECRETARY SHALL RESERVE THE RIGHT TO INSPECT AND REGULATE THE EXTRACTION
OF SUCH MINERALS TO INSURE THAT THE VALUES ENUMERATED IN SUBSECTION (A)
ARE NOT REDUCED AND THAT THE PURPOSES DECLARED IN SUBSECTION (E) (1) ARE
NOT INTERFERED WITH.
(D) THE SECRETARY, AND THE SECRETARY OF THE INTERIOR AFTER
JURISDICTION OVER THE NATIONAL AREA HAS BEEN TRANSFERRED TO HIM UNDER
SUBSECTION (B) OF THIS SECTION, SHALL PERMIT HUNTING, FISHING, AND
TRAPPING ON LANDS AND WATERS UNDER HIS JURISDICTION WITHIN THE
BOUNDARIES OF THE NATIONAL AREA IN ACCORDANCE WITH APPLICABLE FEDERAL
AND STATE LAWS, EXCEPT THAT HE MAY DESIGNATE ZONES WHERE, AND ESTABLISH
PERIODS WHEN, NO HUNTING, FISHING, OR TRAPPING SHALL BE PERMITTED FOR
REASONS OF PUBLIC SAFETY, ADMINISTRATION, FISH OR WILDLIFE MANAGEMENT,
OR PUBLIC USE AND ENJOYMENT. EXCEPT IN EMERGENCIES, ANY RULES AND
REGULATIONS OF THE SECRETARY OR THE SECRETARY OF THE INTERIOR PURSUANT
TO THIS SUBSECTION SHALL BE PUT INTO EFFECT ONLY AFTER CONSULTATION WITH
THE APPROPRIATE STATE AGENCY RESPONSIBLE FOR HUNTING, FISHING, AND
TRAPPING ACTIVITIES.
(E) (1) THE NATIONAL AREA SHALL BE ESTABLISHED AND MANAGED FOR THE
PURPOSES OF PRESERVING AND INTERPRETING THE SCENIC, BIOLOGICAL,
ARCHEOLOGICAL, AND HISTORICAL RESOURCES OF THE RIVER GORGE AREAS AND
DEVELOPING THE NATURAL RECREATIONAL POTENTIAL OF THE AREA FOR THE
ENJOYMENT OF THE PUBLIC AND FOR THE BENEFIT OF THE ECONOMY OF THE
REGION. THE AREA WITHIN THE BOUNDARY OF THE NATIONAL AREA SHALL BE
DIVIDED INTO TWO CATEGORIES; NAMELY, THE GORGE AREAS AND ADJACENT AREAS
AS HEREINAFTER DEFINED.
(2) (A) WITHIN THE GORGE AREA, NO EXTRACTION OF, OR PROSPECTING FOR
MINERALS, PETROLEUM PRODUCTS, OR GAS SHALL BE PERMITTED. NO TIMBER
SHALL BE CUT WITHIN THE GORGE AREA EXCEPT FOR LIMITED CLEARING NECESSARY
FOR ESTABLISHMENT OF DAY-USE FACILITIES, HISTORICAL SITES, PRIMITIVE
CAMPGROUNDS, AND ACCESS ROADS. NO STRUCTURES SHALL BE CONSTRUCTED
WITHIN THE GORGE EXCEPT FOR RECONSTRUCTION AND IMPROVEMENT OF THE
HISTORICAL SITES SPECIFIED IN PARAGRAPHS (5) AND (6) OF THIS SUBSECTION
AND EXCEPT FOR NECESSARY DAY-USE FACILITIES ALONG THE PRIMARY AND
SECONDARY ACCESS ROUTES SPECIFIED HEREIN AND WITHIN FIVE HUNDRED FEET OF
SUCH ROADS, AND EXCEPT FOR PRIMITIVE CAMPGROUNDS ACCESSIBLE ONLY BY
WATER OR ON FOOT. NO MOTORIZED TRANSPORTATION SHALL BE ALLOWED IN THE
GORGE AREA EXCEPT ON DESIGNATED ACCESS ROUTES.
(B) PRIMARY ACCESS ROUTES INTO THE GORGE AREA MAY BE CONSTRUCTED OR
IMPROVED UPON THE GENERAL ROUTE OF THE FOLLOWING DESIGNATED ROADS:
TENNESSEE HIGHWAY NUMBERED 52 FAS 2451 (LEATHERWOOD FORD ROAD), THE ROAD
INTO THE BLUE HERON COMMUNITY, AND KENTUCKY HIGHWAY NUMBERED 92.
(C) SECONDARY ACCESS ROADS IN THE GORGE AREA MAY BE CONSTRUCTED OR
IMPROVED UPON THE FOLLOWING ROUTES: THE ROADS FROM SMITH TOWN,
KENTUCKY, TO WORLEY, KENTUCKY, THE ROAD CROSSING THE CLEAR FORK AT BURNT
MILL BRIDGE, THE ROAD FROM GOAD, TENNESSEE, TO ZENITH, TENNESSEE, THE
ROAD FROM CO-OPERATIVE, KENTUCKY, TO KENTUCKY HIGHWAY NUMBERED 92, THE
ROAD ENTERING THE GORGE ACROSS FROM THE MOUTH OF ALUM CREEK IN KENTUCKY,
THE ROAD CROSSING THE CLEAR FORK AT PETERS BRIDGE.
(D) ALL OTHER EXISTING ROADS IN THE GORGE AREA SHALL BE MAINTAINED
FOR NONVEHICULAR TRAFFIC ONLY, EXCEPT THAT NOTHING IN THIS SECTION SHALL
ABROGATE THE RIGHT OF INGRESS AND EGRESS OF THOSE WHO REMAIN OCCUPANCY
UNDER SUBSECTION (C) (1) OF THIS SECTION.
(E) ROAD IMPROVEMENT OR MAINTENANCE AND ANY CONSTRUCTION OF ROADS OR
FACILITIES IN THE GORGE AREA AS PERMITTED BY THIS SECTION SHALL BE
ACCOMPLISHED BY THE SECRETARY IN A MANNER THAT WILL PROTECT THE DECLARED
VALUES OF THIS UNIQUE NATURAL SCENIC RESOURCE.
(3) IN ADJACENT AREAS: THE REMOVAL OF TIMBER SHALL BE PERMITTED ONLY
ONLY WHERE REQUIRED FOR THE DEVELOPMENT OR MAINTENANCE OF PUBLIC USE AND
FOR ADMINISTRATIVE SITES AND SHALL BE ACCOMPLISHED WITH CAREFUL REGARD
FOR SCENIC AND ENVIRONMENTAL VALUES; PROSPECTING FOR MINERALS AND THE
EXTRACTION OF MINERALS FROM THE ADJACENT AREAS SHALL BE PERMITTED ONLY
WHERE THE ADIT TO ANY SUCH MINE CAN BE LOCATED OUTSIDE THE BOUNDARY OF
THE NATIONAL AREA; NO SURFACE MINING OR STRIP MINING SHALL BE
PERMITTED; PROSPECTING AND DRILLING FOR PETROLEUM PRODUCTS AND NATURAL
GAS SHALL BE PERMITTED IN THE ADJACENT AREA UNDER SUCH REGULATIONS AS
THE SECRETARY OR THE SECRETARY OF THE INTERIOR, AFTER JURISDICTION OVER
THE NATIONAL RIVER AND RECREATION AREA HAS BEEN TRANSFERRED TO HIM UNDER
SUBSECTION (B) OF THIS SECTION, MAY PRESCRIBE TO MINIMIZE DETRIMENTAL
ENVIRONMENT IMPACT, SUCH REGULATIONS SHALL PROVIDE AMONG OTHER THINGS
FOR AN AREA LIMITATION FOR EACH SUCH OPERATION, ZONES WHERE OPERATIONS
WILL NOT BE PERMITTED, AND SAFEGUARDS TO PREVENT AIR AND WATER
POLLUTION; NO STORAGE FACILITIES FOR PETROLEUM PRODUCTS OR NATURAL GAS
SHALL BE LOCATED WITHIN THE BOUNDARY OF THE NATIONAL AREA EXCEPT AS
NECESSARY AND INCIDENTAL TO PRODUCTION; THE SECRETARY IS AUTHORIZED TO
CONSTRUCT TWO LODGES WITH RECREATIONAL FACILITIES WITHIN THE ADJACENT
AREAS SO AS TO MAXIMIZE AND ENHANCE PUBLIC USE AND ENJOYMENT OF THE
NATIONAL AREA; CONSTRUCTION OF ALL ROADS AND FACILITIES IN THE ADJACENT
AREAS SHALL BE UNDERTAKEN WITH CAREFUL REGARD FOR THE MAINTENANCE OF THE
SCENIC AND ESTHETIC VALUES OF THE GORGE AREA AND THE ADJACENT AREAS.
(4) THE GORGE AREA AS SET OUT IN PARAGRAPHS (1) AND (2) OF THIS
SUBSECTION SHALL CONSIST OF ALL LANDS AND WATERS OF THE BIG SOUTH FORK,
CLEAR FORK, AND NEW RIVER WHICH LIE BETWEEN THE GORGE OR VALLEY RIM ON
EITHER SIDE (WHERE THE RIM IS NOT CLEARLY DEFINED BY TOPOGRAPHY, THE
GORGE BOUNDARY SHALL BE ESTABLISHED AT AN ELEVATION NO LOWER THAN THAT
OF THE NEAREST CLEARLY DEMARKED RIM ON THE SAME SIDE OF THE VALLEY), AND
THOSE PORTIONS OF THE MAIN TRIBUTARIES AND STREAMS IN THE WATERSHEDS OF
THE BIG SOUTH FORK, CLEAR FORK, AND NEW RIVER THAT LIE WITHIN A GORGE OR
VALLEY RIM ON EITHER SIDE, EXCEPT THAT NO LNADS OR WATERS NORTH OF
KENTUCKY HIGHWAY NUMBERED 92 SHALL BE INCLUDED. THE DESIGNATED ADJACENT
AREAS SHALL CONSIST OF THE BALANCE OF THE NATIONAL AREA.
(5) THE SECRETARY, AND THE SECRETARY OF THE INTERIOR, SHALL CONSULT
AND COOPERATE WITH THE TENNESSEE HISTORICAL COMMISSION AND THE RUGBY
RESTORATION ASSOCIATION AND WITH OTHER INVOLVED AGENCIES AND
ASSOCIATIONS, BOTH PUBLIC AND PRIVATE, CONCERNING THE DEVELOPMENT AND
MANAGEMENT OF THE NATIONAL AREA IN THE AREA ADJACENT TO RUGBY,
TENNESSEE. DEVELOPMENT WITHIN THE AREA ADJACENT TO RUGBY, TENNESSEE,
SHALL BE DISIGNED TOWARD PRESERVING AND ENHANCING THE HISTORICAL
INTEGRITY OF THE COMMUNITY AND ANY HISTORICAL SITES WITHIN THE BOUNDARY
OF THE NATIONAL AREA.
(6) THE SECRETARY, OR THE SECRETARY OF THE INTERIOR, AFTER
JURISDICTION OVER THE NATIONAL AREA HAS BEEN TRANSFERRED TO HIM UNDER
SUBSECTION (B) OF THIS SECTION, SHALL PROVIDE FOR THE RESTORATION OF THE
BLUE HERON MINE COMMUNITY IN A MANNER WHICH WILL PRESERVE AND ENHANCE
THE HISTORICAL INTEGRITY OF THE COMMUNITY AND WILL CONTRIBUTE TO THE
PUBLIC'S UNDERSTANDING AND ENJOYMENT OF ITS HISTORICAL VALUE. TO THAT
END THE SECRETARY, OR THE SECETARY OF THE INTERIOR, AFTER JURISDICTION
OVER THE ANTIONAL AREA HAS BEEN TRANSFERRED TO HIM UNDER SUBSECTION (B)
OF THIS SECTION, MAY CONSTRUCT AND IMPROVE STRUCTURES WITHIN AND
MAYCONSTRUCT AND IMPROVE A ROAD INTO THIS COMMUNITY.
(7) THE SECRETARY SHALL STUDY THE DESIRABILITY AND FEASIBILITY OF
REESTABLISHING RAIL TRANSPORTATION ON THE ABANDONED O&W RAILBED OR AN
ALTERNATIVE MODE OF TRANSPORTATION WITHIN THE NATIONAL AREA UPON THE O&
W ROADBED, AND SHALL REPORT TO CONGRESS HIS RECOMMENDATION WITH REGARD
TO DEVELOPMENT OF THIS FACILITY.
(F) THE FEDERAL POWER COMMISSION SHALL NOT LICENSE THE CONSTRUCTION
OF ANY DAM, WATER CONDUIT, RESERVOIR, POWERHOUSE, TRANSMISSION LINE, OR
OTHER PROJECT WORKS UNDER THE FEDERAL POWER ACT (41 STAT. 1063) AS
AMENDED (16 U.S.C. 791A ET SEQ.), WITHIN OR DIRECTLY AFFECTING THE
NATIONAL AREA AND NO DEPARTMENT OR AGENCY OF THE UNITED STATES SHALL
ASSIST BY LOAN, GRANT, LICENSE, OR OTHERWISE IN THE CONSTRUCTION OF ANY
WATER RESOURCES PROJECT THAT WOULD HAVE A DIRECT AND ADVERSE EFFECT ON
THE VALUES FOR WHICH THE NATIONAL AREA WAS ESTABLISHED. NOTHING
CONTAINED IN THE PRECEDING SENTENCE SHALL PRECLUDE LICENSING OF, OR
ASSISTANCE TO, DEVELOPMENTS BELOW OR ABOVE THE NATIONAL AREA OR ON ANY
STREAM TRIBUTARY THERETO WHICH WILL NOT INVADE THE NATIONAL AREA OR
UNREASONABLY DIMINISH THE SCENIC, RECREATION, AND FISH AND WILDLIFE
VALUES PRESENT IN THE AREA ON THE DATE OF ENACTMENT OF THIS SECTION. NO
DEPARTMENT OR AGENCY OF THE UNITED STATES SHALL RECOMMEND AUTHORIZATION
OF ANY WATER RESOURCES PROJECT THAT WOULD HAVE A DIRECT AND ADVERSE
EFFECT ON THE VALUES FOR WHICH THE NATIONAL AREA WAS ESTABLISHED, OR
REQUEST APPROPRIATIONS TO BEGIN CONSTRUCTION OF ANY SUCH PROJECT,
WHETHER HERETOFORE OR HEREAFTER AUTHORIZED, WITHOUT ADVISING THE
SECRETARY OR THE SECRETARY OF THE INTERIOR, AFTER JURISDICTION OVER THE
NATIONAL AREA HAS BEEN TRANSFERRED TO HIM UNDER SUBSECTION (B) OF THIS
SECTION IN WRITING OF ITS INTENTION SO TO DO AT LEAST SIXTY DAYS IN
ADVANCE, AND WITHOUT SPECIFICALLY REPORTING TO THE CONGRESS IN WRITING
AT THE TIME IT MAKES ITS RECOMMENDATIONS OR REQUEST IN WHAT RESPECT
CONSTRUCTION OF SUCH PROJECT WOULD BE IN CONFLICT WITH THE PURPOSES OF
THIS SECTION AND WOULD AFFECT THE NATIONAL AREA AND THE VALUES TO BE
PROTECTED UNDER THIS SECTION.
(G) THE SECRETARY SHALL STUDY TRANSPORTATION FACILITIES IN THE REGION
SERVED BY THE NATIONAL AREA AND SHALL ESTABLISH TRANSPORTATION
FACILITIES TO ENHANCE PUBLIC ACCESS TO THE NATIONAL AREA. IN THIS
CONNECTION THE SECRETARY IS AUTHORIZED TO ACQUIRE AND MAINTAIN PUBLIC
ROADS, OTHER THAN STATE HIGHWAYS, NECESSARY TO SERVE THE PUBLIC USE
FACILITIES WITHIN THE NATIONAL AREA, AND TO ESTABLISH AND MAINTAIN AT
FEDERAL COST AN INTERIOR AND CIRCULATING ROAD SYSTEM SUFFICIENT TO MEET
THE PURPOSES OF THIS SECTION. ANY EXISTING PUBLIC ROAD, WHICH AT THE
TIME OF ITS ACQUISITION CONTINUES TO BE A NECESSARY AND ESSENTIAL PART
OF THE COUNTY HIGHWAY SYATEM, MAY, UPON MUTUAL AGREEMENT BETWEEN THE
SECRETARY AND THE OWNER OF SUCH ROAD, BE RELOCATED OUTSIDE OF THE
NATIONAL AREA AND IF NOT SO RELOCATED SUCH ROAD SHALL BE MAINTAINED AT
FEDERAL EXPENSE AND KEPT OPEN AT ALL TIMES FOR GENERAL TRAVEL PURPOSES.
NOTHING IN THIS SUBSECTION SHALL ABROGATE THE RIGHT OF EGRESS IND
INGRESS OF THOSE PERSONS WHO MAY REMAIN IN OCCUPANCY UNDER SUBSECTION
(C) OF THIS SECTION. NOTHING IN THIS SUBSECTION SHALL PRECLUDE THE
ADJUSTMENT, RELOCATION, RECONSTRUCTION, OR ABANDONMENT OF STATE HIGHWAYS
SITUATED IN THE NATIONAL AREA, WITH THE CONCURRENCE OF THE AGENCY HAVING
THE CUSTODY OF SUCH HIGHWAYS UPON ENTERING INTO SUCH ARRANGEMENTS AS THE
SECRETARY OF THE SECRETARY OF THE INTERIOR, AFTER JURISDICTION OVER THE
NATIONAL AREA HAS BEEN TRANSFERRED TO HIM UNDER SUBSECTION (B) OF THIS
SECTION, DEEMS APPROPRIATE AND IN THE BEST INTEREST OF THE BENERAL
WELFARE.
(H) IN FURTHERANCE OF THE PURPOSE OF THIS SUBSECTION THE SECRETARY IN
COOPERATION WITH THE SECRETARY OF AGRICULTURE, THE HEADS OF OTHER
FEDERAL DEPARTMENTS AND AGENCIES INVOLVED, AND THE STATE OF TENNESSEE
AND ITS POLITICAL SUBDIVISIONS, SHALL FORMULATE A COMPREHENSIVE PLAN FOR
THAT PORTION OF THE NEW RIVER THAT LIES UPSTREAM FROM UNITED STATES
HIGHWAY NUMBERED 27. SUCH PLAN SHALL INCLUDE, AMONG OTHER THINGS,
PROGRAMS TO ENHANCE THE ENVIRONMENT AND CONSERVE AND DEVELOP NATURAL
RESOURCES, AND TO MINIMIZE SILTATION AND ACID MINE DRAINAGE. SUCH PLAN,
WITH RECOMMENDATIONS, INCLUDING THOSE AS TO COSTS AND ADMINISTRATIVE
RESPONSIBILITIES, SHALL BE COMPLETED AND TRANSMITTED TO THE CONGRESS
WITHIN ONE YEAR FROM THE DATE OF ENACTMENT OF THIS SECTION.
(I) THE SECRETARY OR THE SECRETARY OF THE INTERIOR, AFTER
JURISDICTION OVER THE NATIONAL AREA HAS BEEN TRANSFERRED TO HIM UNDER
SUBSECTION (B) OF THIS SUBSECTION, SHALL CONSULT AND COOPERATE WITH
OTHER DEPARTMENTS AND AGENCIES OF THE UNITED STATES AND THE STATES OF
TENNESSEE AND KENTUCKY IN THE DEVELOPMENT OF MEASURES AND PROGRAMS TO
PROTECT AND ENHANCE WATER QUALITY WITHIN THE NATIONAL AREA AND TO INSURE
THAT SUCH PROGRAMS FOR THE PROTECTION AND ENHANCEMENT OF WATER QUALITY
DO NOT DIMINISH OTHER VALUES THAT ARE TO BE PROTECTED UNDER THIS
SECTION.
(J) (1) UNTIL SUCH TIME AS THE TRANSFER OF JURISDICTION TO THE
SECRETARY OF THE INTERIOR AUTHORIZED BY SUBSECTION (B) OF THIS SECTION
SHALL TAKE PLACE, FOR THE PURPOSE OF FINANCIALLY ASSISTING THE STATES OF
TENNESSEE AND KENTUCKY, MCCREARY COUNTY, KENTUCKY, AND SCOTT, MORGAN,
PICKETT, AND FENTRESS COUNTIES IN TENNESSEE, BECAUSE OF LOSSES WHICH
THESE JURISDICTIONS WILL SUSTAIN BY REASON OF THE FACT THAT CERTAIN
LANDS AND OTHER PROPERTY WITHIN THEIR BOUNDARIES MAY BE INCLUDED WITHIN
THE NATIONAL AREA ESTABLISHED BY THIS SECTION AND THEREAFTER WILL NO
LONGER BE SUBJECT TO REAL AND PERSONAL PROPERTY TAXES LEVIED OR IMPOSED
BY THEM, PAYMENTS SHALL BE MADE TO THEM ON AN ANNUAL BASIS IN AN AMOUNT
EQUAL TO THOSE TAXES LEVIED OR IMPOSED ON SUCH PROPERTY FOR THE LAST
TAXABLE YEAR IMMEDIATELY PRECEDING THE DATE OF ENACTMENT OF THIS
SECTION.
(2) FOR THE PURPOSE OF ENABLING THE SECRETARY TO MAKE SUCH PAYMENTS
DURING THE FISCAL YEARS ENDING JUNE 30, 1975, JUNE 30, 1976, JUNE 30,
1977, JUNE 30, 1978, AND JUNE 30, 1979, THERE ARE AUTHORIZED TO BE
APPROPRIATED SUCH SUMS AS MAY BE NECESSARY.
(K) THERE ARE AUTHORIZED TO BE APPROPRIATED $32,850,000 TO CARRY OUT
THE PROVISIONS OF THIS SECTION, OTHER THAN SUBSECTION (J) OF THIS
SECTION. NO MONEYS SHALL BE APPROPRIATED FROM THE LAND AND WATER
CONSERVATION FUND TO CARRY OUT THE PURPOSES OF THIS SECTION.
SEC. 109. THIS TITLE MAY BE CITED AS THE "WATER RESOURCES
DEVELOPMENT ACT OF 1974".
SEC. 201. (A) IN ADDITION TO PREVIOUS AUTHORIZATIONS, THERE IS
HEREBY AUTHORIZED TO BE APPROPRIATED FOR THE PROSECUTION OF THE
COMPREHENSIVE PLAN OF DEVELOPMENT OF EACH RIVER BASIN UNDER THE
JURISDICTION OF THE SECRETARY OF THE ARMY REFERRED TO IN THE FIRST
COLUMN BELOW, WHICH WAS BASICALLY AUTHORIZED BY THE ACT REFERRED TO BY
DATE OF ENACTMENT IN THE SECOND COLUMN BELOW, AN AMOUNT NOT TO EXCEED
THAT SHOWN OPPOSITE SUCH RIVER BASIN THE THE THIRD COLUMN BELOW: (TABLE
OMITTED, PAGE 38, 88 STAT 49).
(B) THE TOTAL AMOUNT AUTHORIZED TO BE APPROPRIATED BY THIS SECTION
SHALL NOT EXCEED $764,000,000.
SEC. 202. THE SECRETARY OF THE ARMY, ACTING THROUGH THE CHIEF OF
ENGINEERS, IS AUTHORIZED TO INITIATE THE SECOND PHASE OF THE BANK
EROSION CONTROL WORKS AND SETBACK LEVEES ON THE SACRAMENTO RIVER,
CALIFORNIA, AUTHORIZED BY THE FLOOD CONTROL ACT OF 1960, //74 STAT.
498.// IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE CHIEF OF ENGINEERS
IN HOUSE DOCUMENT NUMBERED 93 - 151, AND THE MONETARY AUTHORIZATION FOR
THE SACRAMENTO RIVER BASIN, BASICALLY AUTHORIZED BY THE ACT OF DECEMBER
22, 1944, //58 STAT. 900.// IS INCREASED BY NOT TO EXCEED $16,000,000
FOR SUCH PURPOSE.
SEC. 203. THIS TITLE MAY BE CITED AS THE "RIVER BASIN MONETARY
AUTHORIZATION ACT OF 1974".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 541 (COMM. ON PUBLIC WORKS) AND NO. 93 -
796 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 615 ACCOMPANYING S. 2798 AND NO. 93 - 6
ACCOMPANYING S. 606 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD:
VOL. 119 (1973); JAN. 31, FEB. 1, S. 606 CONSIDERED AND PASSED
SENATE.
OCT. 12, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): JAN. 21, 22, CONSIDERED AND PASSED SENATE,
AMENDED, IN LIEU OF S. 2798.
FEB. 19, HOUSE AGREED TO CONFERENCE REPORT.
FEB. 21, SENATE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 10:
MAR. 7, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-250, 88 STAT 11
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FIRST TWO
SENTENCES OF SECTION 207 OF THE BUDGET AND ACCOUNTING ACT, 1921 (31 U.
S.C. 16) ARE AMENDED TO READ AS FOLLOWS: //42 STAT. 22; 64 STAT.
833.//
SEC. 2. THE AMENDMENT MADE BY THE FIRST SECTION OF THIS ACT SHALL
TAKE EFFECT--,
(1) INSOFAR AS SUCH AMENDMENT RELATES TO APPOINTMENT TO THE
OFFICE OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
IMMEDIATELY AFTER THE INDIVIDUAL HOLDING THAT OFFICE ON THE DATE
OF THE ENACTMENT OF THIS ACT CEASES TO HOLD THAT OFFICE;
(2) INSOFAR AS SUCH AMENDLMENT RELATES TO APPOINTMENTS TO THE
OFFICE OF DEPUTY DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET,
IMMEDIATELY AFTER THE INDIVIDUAL HOLDING THAT OFFICE ON THE DATE
OF THE ENACTMENT OF THIS ACT CEASES TO HOLD THAT OFFICE; AND
(3) IMMEDIATELY AS TO SUCH VACANT OFFICE OR OFFICES, IF THE
OFFICE OF THE DIRECTOR OR THE OFFICE OF THE DEPUTY DIRECTOR OF THE
OFFICE OF MANAGEMENT AND BUDGET IS VACANT WHEN THIS ACT IS
ENACTED.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 697 ACCOMPANYING H.R. 11137 (COMM. ON
GOVERNMENT OPERATIONS).
SENATE REPORT NO. 93 - 237 (COMM. ON GOVERNMENT OPERATIONS).
CONGRESSSIONAL RECORD:
VOL. 119 (1973): JUNE 25, CONSIDERED AND PASSED SENATE. DEC.
17, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R. 11137.
VOL. 120 (1974): FEB. 7, SENATE CONCURRED IN HOUSE
AMENDMENT.
PUBLIC LAW 93-249, 88 STAT 11
WHEREAS THE INTERSTATE COMMERCE COMMISSION, THROUGH ITS
PROPOSED ORDER ISSUD JANUARY 30, 1974, IN DOCKET NO. MC 43
(SUB-NO. 2), SEEKS TO ALLEVIATE A SERIOUS AND PRESSING
TRANSPORTATION PROBLEM BY REQUIRING CARRIERS TO REIMBURSE THEIR
OWNER-OPERATORS FOR ALL INCREASES IN THE PRICE OF FUEL OVER THE
BASE PERIOD MAY 15, 1973; AND
WHEREAS SECTION 221(B) OF THE INTERSTATE COMMERCE ACT, 49 U.S.
C. 321(B) APPEARS TO PRECLUDE THE COMMISSION FROM MAKING ITS FINAL
ORDER IN MC 43 (SUB-NO.2) EFFECTIVE IN LESS THAN THIRTY DAYS, AND
WHEREAS THE INABILITY TO EFFECTUATE THE FINAL ORDER IN MC 43
(SUB-NO. 2) MORE PROMPTLY WILL CAUSE SUBSTANTIAL HARDSHIP TO A
SIGNIFICANT PORTION OF THE MOTOR CARRIER INDUSTRY AND THE SHIPPING
PUBLIC; AND
WHEREAS THERE EXISTS A NATIONAL TRANSPORTATION CRISIS WHICH
PRESENTS A GRAVE RISK TO THE COMMERCE AND WELL-BEING OF THE
NATION: NOW. THEREFORE, BE IT
RESOLVED BY THE SENTATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE COMMISSION SHALL ISSUE
A FINAL ORDER IN MC 43 (SUB-NO. 2) AS SOON AS POSSIBLE WHICH SHALL
BECOME EFFECTIVE NOT LATER THAN FEBRUARY 15, 1974.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 786 ACCOMPANYING J.J. RES. 893 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE) AND 93 - 787 (COMM. ON RULES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 5, CONSIDERED AND PASSED SENATE.
FEB. 7, CONSIDERED AND PASSED HOUSE IN LIEU OF H.J. RES. 893.
PUBLIC LAW 93-248, 88 STAT 8, INTERVENTION ON THE HIGH SEAS 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 "INTERVENTION ON THE HIGH SEAS ACT".
SEC. 2. AS USED IN THIS ACT--,
(1) "SHIP" MEANS--,
(A) ANY SEAGOING VESSEL OF ANY TYPE WHATSOEVER, AND
(B) ANY FLOATING CRAFT, EXCEPT AN INSTALLATION OR DEVICE
ENGAGED IN THE EXPLORATION AND EXPLOITATION OF THE RESOURCES OF
THE SEABED AND THE OCIAN FLOOR AND THE SUBSOIL THEREOF;
(2) "OIL" MEANS CRUDE OIL, FUEL OIL, DIESEL OIL, AND
LUBRICATING OIL;
(3) "CONVENTION" MEANS THE INTERNATIONAL CONVENTION RELATING TO
INTERVENTION ON THE HIGH SEAS IN CASES OF OIL POLLUTION
CASUALTIES, 1969;
(4) "SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT IN WHICH
THE COAST GUARD IS OPERATING; AND
(5) "UNITED STATES" MEANS THE STATES, THE DISTRICT OF COLUMBIA,
THE COMMONWEALTH OF PUERTO RICO, THE CANAL ZONE, GUAM, AMERICAN
SAMOA, THE VIRGIN ISLANDS, AND THE TRUST TERRITORY OF THE PACIFIC
ISLANDS.
SEC. 3. WHENEVER A SHIP COLLISION, STRANDING, OR OTHER INCIDENT OF
NAVIGATION OR OTHER OCCURRENCE ON BOARD A SHIP OR EXTERNAL TO IT
RESULTING IN MATERIAL DAMAGE OR IMMINENT THREAT OF MATERIAL DAMAGE TO
THE SHIP OR HER CARGO CREATES, AS DETERMINED BY THE SECRETARY, A GRAVE
AND IMMINENT DANGER TO THE COASTLINE OR RELATED INTERESTS OF THE UNITED
STATES FROM POLLUTION OR THREAT OF POLLUTION OF THE SEA BY OIL WHICH MAY
REASONABLY BE EXPECTED TO RESULT IN MAJOR HARMFUL CONSEQUENCES, THE
SECRETARY MAY, EXCEPT AS PROVIDED FOR IN SECTION 10, WHITOUT LIABILITY
FOR ANY DAMAGE TO THE OWNERS OR OPERATORS OF THE SHIP, TO HER CARGO OR
CREW, OR TO UNDERWRITERS OR OTHER PARTIES INTERESTED THEREIN, TAKE
MEASURES ON THE HIGH SEAS, IN ACCORDANCE WITH THE PROVISIONS OF THE
CONVENTION AND THIS ACT, TO PREVENT, MITIGATE, OR ELIMINATE THAT DANGER.
SEC.4. IN DETERMINING WHETHER THERE IS GRAVE AND IMMINENT DANGER OF
MAJOR HARMFUL CONSEQUENCES TO THE COASTLINE OR RELATED INTERESTS OF THE
UNITED STATES, THE SECRETARY SHALL CONSIDER THE INTERESTS OF THE UNITED
STATES DIRECTLY THREATENED OR AFFECTED INCLUDING BUT NOT LIMITED TO,
FISH, SHELLFISH, AND OTHER LIVING MARINE RESOURCES, WILDLIFE, COASTAL
ZONE AND ESTUARINE ACTIVITIES, AND PUBLIC AND PRIVATE SHORELINES AND
BEACHES.
SEC. 5. UPON A DETERMINATION UNDER SECTION 3 OF THIS ACT OF A GRAE
AND IMMINENT DANGER TO THE COASTLINE OR RELATED INTERESTS OF THE UNITED
STATES, THE SECRETARY MAY--,
(1) COORDINATE AND DIRECT ALL PUBLIC AND PRIVATE EFFORTS
DIRECTED AT THE REMOVAL OR ELIMINATION OF THE THREATENED POLLUTION
DAMAGE;
(2) DIRECTLY OR INDIRECTLY UNDERTAKE THE WHOLE OR ANY PART OF
ANY SALVAGE OR OTHER ACTION HE COULD REQUIRE OR DIRECT UNDER
SUBSECTION (1) OF THIS SECTION; AND
(3) REMOVE, AND, IF NECESSARY, DESTROY THE SHIP AND CARGO WHICH
IS THE SOURCE OF THE DANGER.
SEC. 6. BEFORE TAKING ANY MEASURE UNDER SECTION 5 OF THIS ACT, THE
SECRETARY SHALL--,
(1) CONSULT, THROUGH THE SECRETARY OF STATE, WITH OTHER
COUNTRIES AFFECTED BY THE MARINE CASUALTY, AND PARTICULARLY WITH
THE FLAG COUNTRY OF ANY SHIP INVOLVED;
(2) NOTIFY WITHOUT DALAY THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY AND ANY OTHER PERSONS KNOWN TO THE SECRETARY, OR
OF WHOM HE LATER BECOMES AWARE, WHO HAVE INTERESTS WHICH CAN
REASONABLY BE EXPECTED TO BE AFFECTED BY ANY PROPOSED MEASURES;
AND
(3) CONSIDER ANY VIEWS SUBMITTED IN RESPONSE TO THE
CONSULTATION OR NOTIFICATION REQUIRED BY SUBSECTIONS (1) AND (2)
OF THIS SECTION.
SEC. 7. IN CASES OF EXTREME URGENCY REQUIRING MEASURES TO BE TAKEN
IMMEDIATELY, THE SECRETARY MAY TAKE THOSE MEASURES RENDERED NECESSARY BY
THE URGENCY OF THE SITUATION WITHOUT THE PRIOR CONSULTATION OR
NOTIFICATION AS REQUIRED BY SECTION 6 OF THIS ACT OR WITHOUT THE
CONTINUATION OF CONSULTATIONS ALREADY BEGUN.
SEC. 8. (A) MEASURES DIRECTED OR CONDUCTED UNDER THIS ACT SHALL BE
PROPORTIONATE TO THE DAMAGE, ACTUAL OR THREATENED TO THE COASTLINE OR
RELATED INTERESTS OF THE UNITED STATES AND MAY NOT GO BEYOND WHAT IS
REASONABLY NECESSARY TO PREVENT, MITIGATE, OR ELIMINATE THAT DAMAGE.
(B) IN CONSIDERING WHETHER MEASURES ARE PROPORTIONATE TO THE DAMAGE
THE SECRETARY SHALL, AMONG OTHER THINGS, CONSIDER--,
(1) ASSURE THE AVOIDANCE OF RISK TO HUMAN LIFE;
(2) RENDER ALL POSSIBLE AID TO DISTRESSED PERSONS, INCLUDING
FACILITATING REPATRIATION OF SHIPS' CREWS; AND
(3) NOT UNNECESSARILY INTERFERE WITH RIGHTS AND INTERESTS OF
OTHERS, INCLUDING THE FLAG STATE OF ANY SHIP INVOLVED OTHER
FOREIGN STATES THREATENED BY DAMAGE AND PERSONS OTHERWISE
CONCERNED.
SEC. 10. (A) THE UNITED STATES SHALL BE OBLIGED TO PAY COMPENSATION
TO THE EXTENT OF THE DAMAGE CAUSED BY MEASURES WHICH EXCEED THOSE
REASONABLYH NECESSARY TO ACHIEVE THE END MENTIONED IN SECTION 3.
(B) ACTIONS AGAINST THE UNITED STATES, SEEKING COMPENSATION FOR ANY
EXCESSIVE MEASURES MAY BE BROUGHT IN THE UNITED STATES COURT OF CLAIMS,
IN ANY DISTRICT COURT OF THE UNITED STATS, AND IN THOSE COURTS
ENUMERATED IN SECTION 460 OF TITLE 28, UNITED STATES CODE. FOR PURPOSES
OF THIS ACT, AMERICAN SAMOA SHALL BE INCLUDED WITHIN THE JUDICIAL
DISTRICT OF THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF
HAWAII, AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS SHALL BE INCLUDED
WITHIN THE JUDICIAL DISTRICTS OF BOTH THE DISTRICT COURT OF THE UNITED
STATES FOR THE DISTRICT OF HAWAII AND THE DISTRICT COURT OF GUAM.
SEC. 11. THE SECRETARY OF STATE SHALL NOTIFY WITHOUT DELAY FOREIGN
STATES CONCERNED, THE SECRETARY-GENERAL OF THE INTER-GOVERNMENTAL
MARITIME CONSULTATIVE ORGANIZATION, AND PERSONS AFFECTED BY MEASURES
TAKEN UNDER THIS ACT.
SEC. 12. (A) ANY PERSON WHO--,
(1) WILLFULLY VIOLATES A PROVISION OF THIS ACT OR A REGULATION
ISSUED THEREUNDER; OR
(2) WILLFULLY REFUSES OR FAILS TO COMPLY WITH ANY LAWFUL ORDER
OR DIRECTION GIVEN PURSUANT TO THIS ACT; OR
(3) WILLFULLY OBSTRUCTS ANY PERSON WHO IS ACTING IN COMPLIANCE
WITH AN ORDER OR DIRECTION UNDER THIS ACT, SHALL BE FINED NOT MORE
THAN $10,000 OR IMPRISONED NOT MORE THAN ONE YEAR, OR BOTH.
(B) IN A CRIMINAL PROCEEDING FOR AN OFFENSE UNDER PARAGRAPH (1) OR
(2) OF SUBSECTION (A) OF THIS SECTION SHALL BE A DEFENSE FOR THE ACCUSED
TO PROVE THAT HE USED ALL DUE DILIGENCE TO COMPLY WITH ANY ORDER OR
DIRECTION OR THAT HE HAD REASONABLE CAUSE TO BELIEVE THAT COMPLIANCE
WOULD HAVE RESULTED IN SERIOUS RISK TO HUMAN LIFE.
SEC. 13. (A) THE SECRETARY, IN CONSULTATION WITH THE SECRETARY OF
STATE AND THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, MAY
NOMINATE INDIVIDUALS TO THE LIST OF EXPERTS PROVIDED FOR IN ARTICLE III
OF THE CONVENTION.
(B) THE SECRETARY OF STATE, IN CONSULTATION WITH THE SECRETARY, SHALL
DESIGNATE OR NOMINATE, AS APPROPRIATE AND NECESSARY, THE NEGOTIATORS,
CONCILIATORS, OR ARBITRATORS PROVIDED FOR BY THE CONVENTION AND THE
ANNEXES THERETO.
SEC. 14. NO MEASURES MAY BE TAKEN UNDER AUTHORITY OF THIS ACT
AGAINST ANY WARSHIP OR OTHER SHIP OWNED OR OPERATED BY A COUNTRY AND
USED, FOR THE TIME BEING, ONLY ON GOVERNMENT NONCOMMERCIAL SERVICE.
SEC. 15. THIS ACT SHALL BE INTERPRETED AND ADMINISTERED IN A MANNER
CONSISTENT WITH THE CONVENTION AND OTHER INTERNATIONAL LAW. EXCEPT AS
SPECIFICALLY PROVIDED, NOTHING IN THIS ACT MAY BE INTERPRETED TO
PREJUDICE ANY OTHERWISE APPLICABLE RIGHT, DUTY, PRIVILEGE, OR IMMUNITY
OR DEPRIVE ANY COUNTRY OR PERSON OF ANY REMEDY OTHERWISE APPLICABLE.
SEC. 16. THE SECRETARY MAY ISSUE REASONABLE RULES AND REGULATIONS
WHICH HE CONSIDERS APPROPRIATE AND NECESSARY FOR THE EFFECTIVE
IMPLEMENTATION OF THIS ACT.
SEC. 17. THE REVOLVING FUND ESTABLISHED UNDER SECTION 311(K) OF THE
FEDERAL WATER POLLUTION CONTROL ACT SHALL BE AVAILABLE TO THE SECRETARY
FOR FEDERAL ACTIONS AND ACTIVITIES UNDER SECTION 5 OF THIS ACT. //86
STAT. 862. 33 USC 1321.//
SEC. 18. THIS ACT SHALL BE EFFECTIVE UPON THE DATE OF ENACTMENT, OR
UPON THE DATE THE CONVENTION BECOMES EFFECTIVE AS TO THE UNITED STATES,
WHICHEVER IS LATER.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 760 (COMM. ON MERCHANT MARINES AND
FISERIES).
SENATE REPORT NO. 93 - 482 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): NOV. 5, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): JAN. 22, CONSIDERED AND PASSED HOUSE, IN LIEU
OF H.R. 5957.
PUBLIC LAW 93-247, 88 STAT 4, CHILD ABUSE PREVENTION AND TREATMENT
ACT.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAYP BE
CITED AS TEH "CHILD ABUSE PREVENTION AND TREATMENT ACT".
THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT
SEC. 2. (A) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
(HEREINAFTER REFERRED TO IN THIS ACT AS THE "SECRETARY") SHALL ESTABLISH
AN OFFICE TO BE KNOWN AS THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT
(HEREINAFTER REFERRED TO IN THIS ACT AS THE "CENTER").
(B) THE SECRETARY, THROUGH THE CENTER, SHALL--,
(1) THE COMPILE, ANALYZE, AND PUBLISH A SUMMARY ANNUALLY OF
RECENTLY CONDUCTED AND CURRENTLY CONDUCTED RESEARCH ON CHILD ABUSE
AND NEGLECT;
(2) DEVELOP AND MAINTAIN AN INFORMATION CLEARINGHOUSE ON ALL
PROGRAMS, INCLUDING PRIVATE PROGRAMS, SHOWING PROMISE OF SUCCESS,
FOR THE PREVENTION, IDENTIFICATION, AND TREATMENT OF CHILD ABUSE
AND NEGLECT;
(3) COMPILE AND PUBLISH TRAINING MATERIALS FOR PERSONNEL WHO
ARE ENGAGED OR INTEND TO ENGAGE IN THE PREVENTION, IDENTIFICATION,
AND TREATMENT OF CHILD ABUSE AND NEGLECT;
(4) PROVIDE TECHNICAL ASSISTANCE (DIRECTLY OR THROUGH GRANT OR
CONTRACT) TO PUBLIC AND NONPROFIT PRIVATE AGENCIES AND
ORGANIZATIONS TO ASSIST THEM IN PLANNING, IMPROVING, DEVELOPING,
AND CARRYING OUT PROGRAMS AND ACTIVITIES RELATING TO THE
PREVENTION, IDENTIFICATION, AND TREATMENT OF CHILD ABUSE AND
NEGLECT;
(5) CONDUCT RESEARCH INTO THE CAUSES OF CHILD ABUSE AND
NEGLECT, AND INTO THE PREVENTION, IDENTIFICATION, AND TREATMENT
THEREOF; AND
(6) MAKE A COMPLETE AND FULL STUDY AND INVESTIGATION OF THE
NATIONAL INCIDENCE OF CHILD ABUSE AND NEGLECT, INCLUDING A
DETERMINATION OF THE EXTENT TO WHICH INCIDENTS OF CHILD ABUSE AND
NEGLECT ARE INCREASING IN NUMBER OR SEVERITY.
DEFINITION
SEC. 3. FOR PURPOSES OF THIS ACT THE TERM "CHILD ABUSE AND NEGLECT"
MEANS THE PHYSICAL OR MENTAL INJURY, SEXUAL ABUSE, NEGLIGENT TREATMENT,
OR MALTREATMENT OF A CHILD UNDER THE AGE OF EIGHTEEN BY A PERSON WHO IS
RESPONSIBLE FOR THE CHILD'S WELFARE UNDER CIRCUMSTANCES WHICH INDICATE
THAT THE CHILD'S HEALTH OR WELFARE IS HARMED OR THREATENED THEREBY, AS
DETERMINED IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE SECRETARY.
DEMONSTRATION PROGRAMS AND PROJECTS
SEC. 4. (A) THE SECRETARY, THROUGH THE CENTER, IS AUTHORIZED TO MAKE
GRANTS TO, AND ENTER INTO CONTRACTS WITH, PUBLIC AGENCIES OR NONPROFIT
PRIVATE ORGANIZATIONS (OR COMBINATIONS THEREOF) FOR DEMONSTRATION
PROGRAMS AND PROJECTS DESIGNED TO PREVENT, IDENTIFY, AND TREAT CHILD
ABUSE AND NEGLECT. GRANTS OR CONTRACTS UNDER THIS SUBSECTION MAY BE--,
(1) FOR THE DEVELOPMENT AND ESTABLISHMENT OF TRAINING PROGRAMS
FOR PROFESSIONAL AND PARAPROFESSIONAL PERSONNEL IN THE FIELDS OF
MEDICINE, LAW, EDUCATION, SOCIAL WORK, AND OTHER RELEVANT FIELDS
WHO ARE ENGAGED IN, OR INTEND TO WORK IN, THE FIELD OF THE
PREVENTION, IDENTIFICATION, AND TREATMENT OF CHILD ABUSE AND
NEGLECT; AND TRAINING PROGRAMS FOR CHILDREN, AND FOR PERSONS
RESPONSIBLE FOR THE WELFARE OF CHILDREN, IN METHODS OF PROTECTING
CHILDREN FROM CHILD ABUSE AND NEGLECT;
(2) FOR THE ESTABLISHMENT AND LMAINTENANCE OF CENTERS, SERVING
DEFINED GEOGRAPHIC AREAS, STAFFED BY MULTIDISCIPLINARY TEAMS OF
PERSONNEL TRAINED IN THE PREVENTION, IDENTIFICATION, AND TREATMENT
OF CHILD ABUSE AND NEGLECT CASES, TO PROVIDE A BROAD RANGE OF
SERVICES RELATED TO CHILD ABUSE, AND NEGLECT, INCLUDING DIRECT
SUPPORT AND SUPERVISION OF SATELLITE CENTERS AND ATTENTION HOMES,
AS WELL AS PROVIDING ADVICE AND CONSULTATION TO INDIVIDUALS,
AGENCIES, AND ORGANIZATIONS WHICH REQUEST SUCH SERVICES;
(3) FOR FURNISHING SERVICES OF TEAMS OF PROFESSIONAL AND
PARAPROFESSIONAL PERSONNEL WHO ARE TRAINED IN THE PREVENTION,
IDENTIFICATION, AND TREATMENT OF CHILD ABUSE AND NEGLECT CASES, ON
A CONSULTING BASIS TO SMALL COMMUNITIES WHERE SUCH SERVICES ARE
NOT AVAILABLE; AND
(4) FOR SUCH OTHER INNOVATIVE PROGRAMS AND PROJECTS, INCLUDING
PROGRAMS AND PROJECTS FOR PARENT SELF-HELP, AND FOR PREVENTION AND
TREATMENT OF DRUG-RELATED CHILD ABUSE AND NEGLECT, THAT SHOW
PROMISE OF SUCCESSFULLY PREVENTING OR TREATING CASES OF CHILD
ABUSE AND NEGLECT AS THE SECRETARY MAY APPROVE.
NOT LESS THAN 50 PER CENTUM OF THE FUNDS APPROPRIATED UNDER THIS ACT FOR
ANY FISCAL YEAR SHALL BE USED ONLY FOR CARRYING OUT THE PROVISIONS OF
THIS SUBSECTION.
(B) (1) OF THE SUMS APPROPRIATED UNDER THIS ACT FOR ANY FISCAL YEAR,
NOT LESS THAN 5 PER CENTUM AND NOT MORE THAN 20 PER CENTUM MAY BE USED
BY THE SECRETARY FOR MAKING GRANTS TO THE STATES FOR THE PAYMENT OF
REASONABLE AND NECESSARY EXPENSES FOR THE PURPOSE OF ASSISTING THE
STATES IN DEVELOPING, STRENGTHENING, AND CARRYING OUT CHILD ABUSE AND
NEGLECT PREVENTION AND TREATMENT PROGRAMS.
(2) IN ORDER FOR A STATE TO QUALIFY FOR ASSISTANCE UNDER THIS
SECTION, SUCH STATE SHALL--,
(A) HAVE IN EFFECT A STATE CHILD ABUSE AND NEGLECT LAW WHICH
SHALL INCLUDE PROVISIONS FOR IMMUNITY FOR PERSONS REPORTING
INSTANCES OF CHILD ABUSE AND NEGLECT FROM PROSECUTION, UNDER ANY
STATE OR LOCAL LAW, ARISING OUT OF SUCH REPORTING;
(B) PROVIDE FOR THE REPORTING OF KNOWN AND SUSPECTED INSTANCES
OF CHILD ABUSE AND NEGLECT;
(C) PROVIDE THAT UPON RECEIPT OF A REPORT OF KNOWN OR SUSPECTED
INSTANCES OF CHILD ABUSE OR NEGLECT AN INVESTIGATION SHALL BE
INITIATED PROMPTLY TO SUBSTANTIATE THE ACCURACY OF THE REPORT,
AND, UPON A FINDING OF ABUSE OR NEGLECT, IMMEDIATE STEPS SHALL BE
TAKEN TO PROTECT THE HEALTH AND WELFARE OF THE ABUSED OR NEGLECTED
CHILD, AS WELL AS THAT OF ANY OTHER CHILD UNDER THE SAME CARE WHO
MAY BE IN DANGER OF ABUSE OR NEGLECT;
(D) DEMONSTRATE THAT THERE ARE IN EFFECT THROUGHOUT THE STATE,
IN CONNECTION WITH THE ENFORCEMENT OF CHILD ABUSE AND NEGLECT LAWS
AND WITH THE REPORTING OF SUSPECTED INSTANCES OF CHILD ABUSE AND
NEGLECT, SUCH ADMINISTRATIVE PROCEDURES, SUCH PERSONNEL TRAINED IN
CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT, SUCH TRAINING
PROCEDURES, SUCH INSTITUTIONAL AND OTHER FACILITIES (PUBLIC AND
PRIVATE), AND SUCH RELATED MULTIDISCIPLINARY PROGRAMS AND SERVICES
AS MAY BE NECESSARY OR APPROPRIATE TO ASSURE THAT THE STATE WILL
DEAL EFFECTIVELY WITH CHILD ABUSE AND NEGLECT CASES IN THE STATE;
(E) PROVIDE FOR METHODS TO PRESERVE THE CONFIDENTIALITY OF ALL
RECORDS IN ORDER TO PROTECT THE RIGHTS OF THE CHILD, HIS PARENTS
OR GUARDIANS;
(F) PROVIDE FOR THE COOPERATION OF LAW ENFORCEMENT OFFICIALS,
COURTS OF COMPETENT JURISDICTION, AND APPROPRIATE STATE AGENCIES
PROVIDING HUMAN SERVICES;
(G) PROVIDE THAT IN EVERY CASE INVOLVING AN ABUSED OR NEGLECTED
CHILD WHICH RESULTS IN A JUDICIAL PROCEEDING A GUARDIAN AD LITEM
SHALL BE APPOINTED TO REPRESENT THE CHILD IN SUCH PROCEEDINGS;
(H) PROVIDE THAT THE AGGREGATE OF SUPPORT FOR PROGRAMS OR
PROJECTS RELATED TO CHILD ABUSE AND NEGLECT ASSISTED BY STATE
FUNDS SHALL NOT BE REDUCED BELOW THE LEVEL PROVIDED DURING FISCAL
YEAR 1973, AND SET FORTH POLICIES AND PROCEDURES DESIGNED TO
ASSURE THAT FEDERAL FUNDS MADE AVAILABLE UNDER THIS ACT FOR ANY
FISCAL YEAR WILL BE SO USED AS TO SUPPLEMENT AND, TO THE EXTENT
PRACTICABLE, INCREASE THE LEVEL OF STATE FUNDS WHICH WOULD, IN THE
ABSENCE OF FEDERAL FUNDS, BE AVAILABLE FOR SUCH PROGRAMS AND
PROJECTS;
(I) PROVIDE FOR DISSEMINATION OF INFORMATION TO THE GENERAL
PUBLIC WITH RESPECT TO THE PROBLEM OF CHILD ABUSE AND NEGLECT AND
THE FACILITIES AND PREVENTION AND TREATLMENT METHODS AVAILABLE TO
COMBAT INSTANCES OF CHILD ABUSE AND NEGLECT; AND
(J) TO THE EXTENT FEASIBLE, INSURE THAT PARENTAL ORGANIZATIONS
COMBATING CHILD ABUSE AND NEGLECT RECEIVE PREFERENTIAL TREATMENT.
(3) PROGRAMS OR PROJECTS RELATED TO CHILD ABUSE AND NEGLECT ASSISTED
UNDER PART A OR B OF TITLE IV OF THE SOCIAL SECURITY ACT SHALL COMPLY
WITH THE REQUIREMENTS SET FORTH IN CLAUSES (B), (C), (E), AND (F) OF
PARAGRAPH (2). //49 STAT. 627; 81 STAT. 911, 42 USC 601, 620.//
(C) ASSISTANCE PROVIDED PURSUANT TO THIS SECTION SHALL NOT BE
AVAILABLE FOR CONSTRUCTION OF FACILITIES; HOWEVER, THE SECRETARY IS
AUTHORIZED TO SUPPLY SUCH ASSISTANCE FOR THE LEASE OR RENTAL OF
FACILITIES WHERE ADEQUATE FACILITIES ARE NOT OTHERWISE AVAILABLE, AND
FOR REPAIR OR MINOR REMODELING OR ALTERATION OF EXISTING FACILITIES.
(D) THE SECRETARY SHALL ESTABLISH CRITERIA DESIGNED TO ACHIEVE
EQUITABLE DISTRIBUTION OF ASSISTANCE UNDER THIS SECTION AMONG THE
STATES, AMONG GEOGRAPHIC AREAS OF THE NATION, AND AMONG RURAL AND URBAN
AREAS. TO THE EXTENT POSSIBLE, CITIZENS OF EACH STATE SHALL RECEIVE
ASSISTANCE FROM AT LEAST ONE PROJECT UNDER THIS SECTION.
AUTHORIZATIONS
SEC. 5. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED FOR THE
PURPOSES OF THIS ACT $15,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1974, $20,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND
$25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND FOR THE
SUCCEEDING FISCAL YEAR.
ADVISORY BOARD ON CHILD ABUSE AND NEGLECT
SEC. 6. (A) THE SECRETARY SHALL, WITHIN SIXTY DAYS AFTER THE DATE OF
ENACTMENT OF THIS ACT, APPOINT AN ADVISORY BOARD ON CHILD ABUSE AND
NEGLECT (HEREINAFTER REFERRED TO AS THE "ADVISORY BOARD"). WHICH SHALL
BE COMPOSED OF REPRESENTATIVES FROM FEDERAL AGENCIES WITH RESPONSIBILITY
FOR PROGRAMS AND ACTIVITIES RELATED TO CHILD ABUSE AND NEGLECT,
INCLUDING THE OFFICE OF CHILD DEVELOPMENT, THE OFFICE OF EDUCATION, THE
NATIONAL INSTITUTE OF EDUCATION, THE NATIONAL INSTITUTE OF MENTAL
HEALTH, THE NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT,
THE SOCIAL AND REHABILITATION SERVICE, AND THE HEALTH SERVICES
ADMINISTRATION. THE ADVISORY BOARD SHALL ASSIST THE SECRETARY IN
COORDINATING PROGRAMS AND ACTIVITIES RELATED TO CHILD ABUSE AND NEGLECT
ADMINISTERED OR ASSISTED UNDER THIS ACT WITH SUCH PROGRAMS AND
ACTIVITIES ADMINISTERED OR ASSISTED BY THE FEDERAL AGENCIES WHOSE
REPRESENTATIVES ARE MEMBERS OF THE ADVISORY BOARD. THE ADVISORY BOARD
SHALL ALSO ASSIST THE SECRETARY IN THE DEVELOPMENT OF FEDERAL STANDARDS
FOR CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT PROGRAMS AND
PROJECTS.
(B) THE ADVISORY BOARD SHALL PREPARE AND SUBMIT, WITHIN EIGHTEEN
MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, TO THE PRESIDENT AND TO
THE CONGRESS A REPORT ON THE PROGRAMS ASSISTED UNDER THIS ACT AND THE
PROGRAMS, PROJECTS, AND ACTIVITIES RELATED TO CHILD ABUSE AND NEGLECT.
ADMINISTERED OR ASISTED BY THE FEDERAL AGENCIES WHOSE REPRESENTATIVES
ARE MEMBERS OF THE ADVISORY BOARD. SUCH REPORT SHALL INCLUDE A STUDY OF
THE RELATIONSHIP BETWEEN DRUG ADDITION AND CHILD ABUSE AND NEGLECT.
(C) OF THE FUNDS APPROPRIATED UNDER SECTION 5, ONE-HALF OF 1 PER
CENTUM, OR $1,000,000, WHICHEVER IS THE LESSER, MAY BE USED BY THE
SECRETARY ONLY FOR PURPOSES OF THE REPORT UNDER SUBSECTION (B).
COORDINATION
SEC. 7. THE SECRETARY SHALL PROMULGATE REGULATIONS AND MAKE SUCH
ARRANGEMENTS AS MAY BE NECESSARY OR APPROPRIATE TO ENSURE THAT THERE IS
EFFECTIVE COORDINATION BETWEEN PROGRAMS RELATED TO CHILD ABUSE AND
NEGLECT UNDER THIS ACT AND OTHER SUCH PROGRAMS WHICH ARE ASSISTED BY
FEDERAL FUNDS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 685 (COMM. ON EDUCATION AND LABOR).
SENATE REPORT NO. 93 - 308 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JULY 14, CONSIDERED AND PASSED SENATE.
DEC. 3, CONSIDERED AND PASSED HOUSE, AMENDED.
DEC. 20, SENATE AGREED TO HOUSE AMENDMENTS WITH AMENDMENTS.
DEC. 21, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-246, 88 STAT 3.
BE IN ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SUBSECTIONS (A)
AND (B) OF SECTION 8906 OF TITLE 5, UNITED STATES CODE, ARE AMENDED TO
READ AS FOLLOWS: //80 STAT. 604; 84 STAT. 869.//
"(A) THE COMMISSION SHALL DETERMINE THE AVERAGE OF THE SUBSCRIPTION
CHARGES IN EFFECT ON THE BEGINNING DATE OF EACH CONTRACT YEAR WITH
RESPECT TO SELF ALONE OR SELF AND FAMILY ENROLLMENTS UNDER THIS CHAPTER,
AS APPLICABLE, FOR THE HIGHEST LEVEL OF BENEFITS OFFERED BY--,
"(1) THE SERVICE BENEFIT PLAN;
"(2) THE INDEMNITY BENEFIT PLAN;
"(3) THE TWO EMPLOYEE ORGANIZATION PLANS WITH THE LARGEST
NUMBER OF ENROLLMENTS, AS DETERMINED BY THE COMMISSION; AND
"(4) THE TWO COMPREHENSIVE MEDICAL PLANS WITH THE LARGEST
NUMBER OF ENROLLMENTS, AS DETERMINED BY THE COMMISSION.
"(B) (1) EXCEPT AS PROVIDED BY PARAGRAPH (2) OF THIS SUBSECTION THE
BIWEEKLY GOVERNMENT CONTRIBUTION FOR HEALTH BENEFITS FOR AN EMPLOYEE OR
ANNUITANT ENROLLED IN A HEALTH BENEFITS PLAN UNDER THIS CHAPTER SHALL BE
ADJUSTED, BEGINNING ON THE FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD
OF EACH YEAR, TO AN AMOUNT EQUAL TO THE FOLLOWING PERCENTAGE, AS
APPLICABLE, OF THE AVERAGE SUBSCRIPTION CHARGE DETERMINED UNDER
SUBSECTION (A) OF THIS SECTION: 50 PERCENT FOR APPLICABLE PAY PERIODS
COMMENCING IN 1974 AND 60 PERCENT FOR APPLICABLE PAY PERIODS COMMENCING
IN 1975 AND IN EACH YEAR THEREAFTER.
"(2) THE BIWEEKLY GOVERNMENT CONTRIBUTION FOR AN EMPLOYEE OR
ANNUITANT ENROLLED IN A PLAN UNDER THIS CHAPTER SHALL NOT EXCEED 75
PERCENT OF THE SUBSCRIPTION CHARGE."
(B) SECTION 8906(C) OF TITLE 5, UNITED STATES CODE, IS AMENDED BY
STRIKING OUT "SUBSECTIONS (A) AND (B)" AND INSERTING "SUBSECTION (B)" IN
LIEU THEREOF.
(C) SECTION 8906(G) OF TITLE 5, UNITED STATES CODE, IS AMENDED BY
STRIKING OUT "SUBSECTION (A) OF".
SEC. 2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN
ANNUITANT, AS DEFINED UNDER SECTION 8901(3) OF TITLE 5, UNITED STATES
CODE, //84 STAT. 869.// WHO IS PARTICIPATING OR WHO IS ELIGIBLE TO
PARTICIPATE IN THE HEALTH BENEFITS PROGRAM OFFERED UNDER THE RETIRED
FEDERAL EMPLOYEES HEALTH BENEFITS ACT (74 STAT. 849; PUBLIC LAW 86 -
724), MAY ELECT, IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY THE UNITED
STATES CIVIL SERVICE COMMISSION, TO BE COVERED UNDER THE PROVISIONS OF
CHAPTER 89 OF TITLE 5, UNITED STATES CODE, //5 USC 8901.// IN LIEU OF
COVERAGE UNDER SUCH ACT.
(B) AN ANNUITANT WHO ELECTS TO BE COVERED UNDER THE PROVISIONS OF
CHAPTER 89 OF TITLE 5, UNITED STATES CODE, IN ACCORDANCE WITH SUBSECTION
(A) OF THIS SECTION, SHALL BE ENTITLED TO THE BENEFITS UNDER SUCH
CHAPTER 89.
SEC. 3. SECTION 8902 OF TITLE 5, UNITED STATES CODE, //5 USC 8901.//
IN LIEU OF COVERAGE UNDER SUCH ACT.
(B) AN ANNUITANT WHO ELECTS TO BE COVERED UNDER THE PROVISIONS OF
CHAPTER 89 OF TITLE 5, UNITED STATES CODE, IN ACCORDANCE WITH SUBSECTION
(A) OF THIS SECTION, SHALL BE ENTITLED TO THE BENEFITS UNDER SUAH
CHAPTER 89.
SEC 3. SECTION 8902 OF TITLE 5, UNITED STATES CODE, //80 STAT.
601.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING SUBSECTION:
"(J) EACH CONTRACT UNDER THIS CHAPTER SHALL REQUIRE THE CARRIER TO
AGREE TO PAY FOR OR PROVIDE A HEALTH SERVICE OR SUPPLY IN AN INDIVIDUAL
CASE IF THE COMMISSION FINDS THAT THE EMPLOYEE, ANNUILTANT, OR FAMILY
MEMBER IS ENTITLED THERETO UNDER THE TERMS OF THE CONTRACT."
SEC. 4. (A) THE FIRST SECTION OF THIS ACT SHALL TAKE EFFECT ON THE
FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD WHICH BEGINS ON OR AFTER
JANUARY 1, 1974.
(B) SECTION 2 SHALL TAKE EFFECT ON THE ONE HUNDRED AND EITHTIETH DAY
FOLLOWING THE DATE OF ENACTMENT OR ON SUCH EARLIER DATE AS THE UNITED
STATES CIVIL SERVICE COMMISSION MAY PRESCRIBE.
(C) SECTION 3 SHALL BECOME EFFECTIVE WITH RESPECT TO ANY CONTRACT
ENTERED INTO OR RENEWED ON OR AFTER THE DATE OF ENACTMENT OF THIS ACT.
(D) THE DETERMINATION OF THE AVERAGE OF SUBSCRIPTION CHARGES AND THE
ADJUSTMENT OF THE GOVERNMENT CONTRIBUTIONS FOR 1973, UNDER SECTION 8906
OF TITLE 5, UNITED STATES CODE, AS AMENDED BY THE FIRST SECTION OF THIS
ACT, //80 STAT. 604; 84 STAT. 869.// SHALL TAKE EFFECT ON THE FIRST DAY
OF THE FIRST APPLICABLE PAY PERIOD WHICH BEGINS ON OR AFTER THE
THIRTIETH DAY FOLLOWING THE DATE OF ENACTMENT OF THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 459 (COMM. ON POST OFFICE AND CIVIL SERVICE)
AND NO. 93 - 706 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 511 (COMM. ON POST OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
SEPT. 20, CONSIDERED AND PASSED HOUSE.
NOV. 16, CONSIDERED AND PASSED SENATE, AMENDED.
DEC. 7, SENATE AGREED TO CONFERENCE REPORT.
DEC. 18, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-245, 87 STAT. 1071, SUPPLEMENTAL APPROPRIATIONS ACT,
1974
MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
JUNE 30, 1974, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE 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 "SUPPLEMENTAL APPROPRIATIONS ACT, 1974") FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, AND FOR OTHER PURPOSES, NAMELY:
FOR AN ADDITIONAL AMOUNT FOR "FOREIGN AGRICULTURAL SERVICE",
$1,300,000.
FOR AN ADDITIONAL AMOUNT FOR "RESEARCH AND DEVELOPMENT", $10,500,000.
NO PART OF ANY FUNDS APPROPRIATED UNDER THIS ACT MAY BE USED BY THE
ENVIRONMENT PROTECTION AGENCY TO ADMINISTER ANY PROGRAM TO TAX, LIMIT,
OR OTHERWISE REGULATE PRAKING FACILITIES.
FOR THE EXPLORATION, DEVELOPMENT, AND PRODUCTION OF THE NAVAL
PETROLEUM RESERVES $72,000,000: PROVIDED, THAT SUBJECT TO SUCH
AUTHORIZATION OF PRODUCTION OF NAVAL PETROLEUM RESERVE NUMBERED 1 AS MAY
BE GRANTED IN ACCORDANCE WITH CHAPTER 641, TITLE 10, UNITED STATES CODE,
NO LESS THAN $13,000,000 SHALL BE AVAILABLE FOR THE OPERATING EXPENSES
INCURRED IN PRODUCING FROM THAT RESERVE: PROVIDED FURTHER, THAT NO LESS
THAN $47,500,000 SHALL BE AVAILABLE TO PERMIT THE DEVELOPMENT OF THE
PRODUCTIVE CAPACITY OF THAT RESERVE SO AS TO PERMIT PRODUCTION AT SUCH A
LEVEL AS MAY BE AUTHORIZED BY CONGRESS AND IN A MANNER WHICH IS
CONSISTENT WITH SOUND ENGINEERING AND ECONOMIC PRINCIPLES: PROVIDED
FURTHER, THAT NO LESS THAN $11,500,000 SHALL BE AVAILABLE FOR THE
CONDUCT OF PROGRAMS OF EXPLORATION FOR OIL AND GAS ON NAVAL PETROLEUM
RESERVES NUMBERED 1 AND 4. //87 STAT. 1072. 10 USC 7421.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $7,800,000 OF
WHICH NOT TO EXCEED $800,000 MAY BE USED FOR PROGRAM DEVELOPMENT AND
MANAGEMENT AND NOT TO EXCEED $3,100,000 MAY BE USED FOR RESEARCH APPLIED
TO NATIONAL NEEDS.
SEC. 301. NO FUNDS APPROPRIATED IN THIS OR ANY OTHER APPROPRIATION
ACT FOR ANY FISCAL YEAR SHALL BE USED TO MAKE A SETTLEMENT OF ANY
CONSTRUCTION CONTRACT BY THE VETERANS ADMINISTRATION IN AN AMOUNT IN
EXCESS OF $1,000,000 WHICH HAS NOT BEEN AUDITED INDEPENDENTLY AS TO THE
REASONABLENESS AND APPROPRIATENESS OF EXPENDITURES AND WHICH HAS NOT
BEEN PROVIDED FOR SPECIFICALLY IN AN APPROPRIATIONS ACT.
FOR AN ADDITIONAL AMOUNT FOR "MANAGEMENT OF LANDS AND RESOURCES",
$8,450,000. //87 STAT. 1072.//
FOR AN ADDITIONAL AMOUNT FOR "CONSTRUCTION AND MAINTENANCE",
$500,000. //87 STAT. 1073.//
FOR AN ADDITIONAL AMOUNT FOR "EDUCATION AND WELFARE SERVICES",
$2,240,000.
FOR AN ADDITIONAL AMOUNT FOR "RESOURCES MANAGEMENT", $125,000.
FOR AN ADDITIONAL AMOUNT FOR "CONSTRUCTION", $1,020,000, TO REMAIN
AVAILABLE UNTIL EXPENDED: PROVIDED, THAT $343,000 SHALL BE AVAILABLE TO
ASSIST THE PYRAMID LAKE PAIUTE TRIBE OF INDIANS IN THE CONSTRUCTION OF A
FISH HATCHERY AND RELATED FACILITIES FOR THE RESTORATION OF THE PYRAMID
LAKE FISHERY PURSUANT TO THE WASHOE ACT (43 U.S.C. 614): PROVIDED
FURTHER, THAT $320,000 SHALL BE AVAILABLE TO ASSIST THE WIND RIVER
EDUCATION ASSOCIATION IN THE CONSTRUCTION OF FACILITIES AT THE ETHETE,
WYOMING, HIGH SCHOOL: PROVIDED FURTHER, THAT $2,700,000 OF THE AMOUNT
APPROPRIATED UNDER THIS HEADING IN THE DEPARTMENT OF THE INTERIOR AND
RELATED AGENCIES APPROPRIATION ACT, 1974, SHALL BE AVAILABLE FOR
ASSISTANCE TO THE RAMAH NAVAJO SCHOOL BOARD, INCORPORATED, NEW MEXICO,
FOR THE CONSTRUCTION OF SCHOOL FACILITIES. //70 STAT. 775. ANTE, P.
429.//
IN ADDITION TO ANY ADVANCES HERETOFORE AUTHORIZED TO BE MADE FROM THE
ALASKA NATIVE FUND, AN ADDITIONAL $1,000,000 SHALL BE AVAILABLE DURING
THE CURRENT FISCAL YEAR AND PRIOR TO THE FIRST REGULAR DISTRIBUTION
PURSUANT TO SECTION 6 OF THE ALASKA NATIVE CLAIMS SETTLEMENT ACT OF
DECEMBER 18, 1971 (PUBLIC LAW 92 - 203), FOR DISTRIBUTION BY THE
SECRETARY OF THE INTERIOR AMONG THE REGIONAL CORPORATIONS ESTABLISHED
PURSUANT TO SECTION 7 OF SAID ACT, WHICH THE SECRETARY SHALL DETERMINE
TO BE NECESSARY FOR THE ORGANIZATION OF SUCH REGIONAL CORPORATION AND
THE VILLAGE CORPORATIONS WITHIN SUCH REGION, AND TO IDENTIFY LAND FOR
SUCH CORPORATIONS PURSUANT TO SAID ACT, AND TO REPAY LOANS AND OTHER
OBLIGATIONS INCURRED PRIOR TO MAY 27, 1972, FOR SUCH PURPOSES: //85
STAT. 690. 43 USC 1605. 43 USC 1606.// PROVIDED, THAT SUCH ADVANCES
SHALL NOT BE SUBJECT TO THE PROVISIONS OF SECTION 7 (J) OF SAID ACT BUT
SHALL BE CHARGED TO AND ACCOUNTED FOR BY SUCH REGIONAL AND VILLAGE
CORPORATIONS IN COMPUTING THE DISTRIBUTIONS PURSUANT TO SECTION 7 (J)
REQUIRED AFTER THE FIRST REGULAR RECEIPT OF MONEYS FROM THE ALASKA
NATIVE FUND UNDER SECTION 6 OF SAID ACT: PROVIDED FURTHER, THAT NO PART
OF THE MONEY SO ADVANCED SHALL BE USED FOR THE ORGANIZATION OF A VILLAGE
CORPORATION THAT HAD LESS THAN TWENTY-FIVE NATIVE RESIDENTS LIVING
WITHIN SUCH VILLAGE ACCORDING TO THE 1970 CENSUS. //85 STAT. 693. 43
USC 1606. 43 USC 1605. 87 STAT. 1073.//
FOR AN ADDITIONAL AMOUNT FOR "TRUST TERRITORY OF THE PACIFIC
ISLANDS", $10,110,000, TO REMAIN AVAILABLE UNTIL EXPENDED. //87 STAT.
1074.//
FOR AN ADDITIONAL AMOUNT FOR "SURVEYS, INVESTIGATIONS, AND RESEARCH",
$1,846,000.
FOR AN ADDITIONAL AMOUNT FOR "MINES AND MINERALS", $5,670,000, OF
WHICH $1,500,000 SHALL REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $29,100,000, TO
REMAIN AVAILABLE UNTIL EXPENDED, OF WHICH NOT TO EXCEED $1,200,000 SHALL
BE AVAILABLE FOR ADMINISTRATION AND SUPERVISION.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $33,545,000:
PROVIDED, THAT $10,000,000 OF THE FUNDS MADE AVAILABLE IN THIS PARAGRAPH
SHALL BE SET ASIDE AS A CONTINGENCY RESERVE AND SHALL BE AVAILABLE FOR
OBLIGATION ONLY UPON THE ENACTMENT INTO LAW OF S. 2589, NINETY THIRD
CONGRESS, OR SIMILAR LEGISLATION.
FOR AN ADDITIONAL AMOUNT FOR "RESOURCE MANAGEMENT", $450,000.
FOR AN ADDITIONAL AMOUNT FOR "PLANNING AND CONSTRUCTION", $12,000, TO
REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT THIS AMOUNT SHALL NOT
BE AVAILABLE FOR OBLIGATION EXCEPT UPON THE ENACTMENT INTO LAW OF
LEGISLATION AUTHORIZING THE ADDITION OF THE NAMES OF THE STATES OF
ALASKA AND HAWAII TO THE LIST OF STATES INSCRIBED UPON THE WALLS OF THE
LINCOLN NATIONAL MEMORIAL.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $8,960,000.
FOR AN ADDITIONAL AMOUNT FOR "DEPARTMENTAL OPERATIONS", $543,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $999,000.
FOR AN ADDITIONAL AMOUNT FOR "FOREST PROTECTION AND UTILIZATION", FOR
"FOREST LAND MANAGEMENT", $9,890,000; AND FOR "FOREST RESEARCH",
$240,000: PROVIDED, THAT NONE OF THE FUNDS MADE AVAILABLE IN THIS
PARAGRAPH SHALL BE OBLIGATED OR EXPENDED TO CHANGE THE BOUNDARIES OF ANY
REGION, TO ABOLISH ANY REGION, TO MOVE OR CLOSE ANY REGIONAL OFFICE FOR
RESEARCH, STATE AND PRIVATE FORESTRY, AND NATIONAL FOREST SYSTEM
ADMINISTRATION OF THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE, WITHOUT
THE CONSENT OF THE COMMITTEES ON APPROPRIATIONS OF THE UNITED STATES
SENATE AND HOUSE OF REPRESENTATIVES AND THE COMMITTEE ON AGRICULTURE AND
FORESTRY OF THE UNITED STATES SENATE AND THE COMMITTEE ON AGRICULTURE OF
THE HOUSE OF REPRESENTATIVES.
FOR AN ADDITIONAL AMOUNT FOR "FOREST ROADS AND TRAILS (LIQUIDATION OF
CONTRACT AUTHORITY)", $1,500,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $75,000.
FOR EXPENSES TO CARRY OUT THE PROVISIONS OF THE ACT OF DECEMBER 11,
1973 (PUBLIC LAW 93 - 179), $7,100,000. //ANTE, P. 697.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $150,000.
TO CARRY OUT TITLE IX OF THE OLDER AMERICANS COMPREHENSIVE SERVICES
AMENDMENTS OF 1973, $10,000,000. //ANTE, P. 60.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $2,800,000, TO
BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "SPECIAL BENEFITS",
FISCAL YEAR 1974.
FOR AN ADDITIONAL AMOUNT FOR "HEALTH SERVICES PLANNING AND
DEVELOPMENT", $36,500,000 OF WHICH $9,500,000 SHALL REMAIN AVAILABLE
UNTIL EXPENDED FOR CARRYING OUT, TO THE EXTENT NOT OTHERWISE PROVIDED,
SECTION 304 AND TITLE IX OF THE PUBLIC HEALTH SERVICE ACT, AND
$27,000,000 FOR CARRYING OUT THE PROVISIONS OF PUBLIC LAW 93 - 154, OF
WHICH $10,000,000 SHALL BE DERIVED BY TRANSFER FROM FUNDS PREVIOUSLY
APPROPRIATED FOR EMERGENCY MEDICAL SERVICES ACTIVITIES. //69 STAT.
382; 79 STAT. 926. 42 USC 242B, 299. ANTE, P. 594.//
FOR AN ADDITIONAL AMOUNT FOR "HEALTH SERVICES DELIVERY", FOR CARRYING
OUT SECTION 4 (C) OF PUBLIC LAW 93 - 53, $7,000,000. //ANTE, P. 135.//
FOR AN ADDITIONAL AMOUNT FOR "HEALTH MANPOWER", $5,000,000, TO BE
AVAILABLE FOR OBLIGATION ONLY UPON ENACTMENT INTO LAW OF AUTHORIZING
LEGISLATION.
FOR AN ADDITIONAL AMOUNT FOR "SOCIAL AND REHABILITATION SERVICES",
FOR CARRYING OUT, EXCEPT AS OTHERWISE PROVIDED, THE REHABILITATION ACT
OF 1973 (PUBLIC LAW 93 - 112), //ANTE, P. 355. ANTE, P. 370.//
$725,668,000, OF WHICH $630,000,000 SHALL BE FOR GRANTS UNDER SECTION
110 (A), AND SECTION 110 (B), $4,000,000 TO REMAIN AVAILABLE UNTIL
EXPENDED SHALL BE FOR FACILITIES CONSTRUCTION AS AUTHORIZED BY SECTION
301, AND $30,000,000 SHALL BE FOR GRANTS UNDER PARTS C AND D OF SAID
ACT. //ANTE, P. 377.//
FOR AN ADDITIONAL AMOUNT FOR "OPERATING EXPENSES, DOMESTIC PROGRAMS",
FOR CARRYING OUT, EXCEPT AS OTHERWI;E PROVIDED, THE DOMESTIC VOLUNTEER
SERVICE ACT OF 1973 (PUBLIC LAW 93 - 113), $47,857,000. //ANTE, P.
394.//
SEC. 501. ANY FUNDS NECESSARY TO BE APPROPRIATED FOR FULL OBLIGATION
OF A FISCAL YEAR 1973 APPROPRIATION DETERMINED TO HAVE BEEN UNLAWFULLY
IMPOUNDED BY THE EXECUTIVE BRANCH OF THE UNITED STATES GOVERNMENT IN A
CIVIL ACTION FILED ON OR BEFORE JUNE 30, 1974, ARE HEREBY APPROPRIATED
OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED. SINCE
APPROPRIATIONS SHALL REMAIN AVAILABLE FOR OBLIGATION THROUGH THE LATER
OF THE DAY ON WHICH A FINAL JUDICIAL DETERMINATION FINDING THE
IMPOUNDMENT LEGAL IS MADE OR ONE YEAR FOLLOWING THE DAY ON WHICH THE
IMPOUNDMENT IS FOUND ILLEGAL.
SEC. 502. FOR CONTINUING THROUGH JUNE 30, 1974, THE ACTIVITIES OF
THE CABINET COMMITTEE ON OPPORTUNITIES FOR SPANISH-SPEAKING PEOPLE AND
ACTIVITIES UNDER THE MANPOWER DEVELOPMENT AND TRAINING ACT OF 1962, AS
AMENDED, AND TITLE I AND TITLE IIIB OF THE ECONOMIC OPPORTUNITY ACT OF
1964, AS AMENDED, AND FOR NECESSARY EXPENSES FOR THE ACTIVITIES OF THE
MANPOWER ADMINISTRATION, FOR WHICH PROVISION WAS MADE UNDER THE JOINT
RESOLUTION OF JULY 1, 1972, PUBLIC LAW 93 - 334, AS AMENDED, AND THE
SUPPLEMENTAL APPROPRIATIONS ACT, 1973, PUBLIC LAW 92 - 607, SUCH AMOUNTS
AS MAY BE NECESSARY BUT AT A RATE FOR OPERATIONS NOT IN EXCESS OF THE
CURRENT RATE: PROVIDED, THAT THE CURRENT RATE FOR OPERATIONS SHALL BE
DEFINED AS THAT PERMITTED BY SUCH APPROPRIATIONS FOR FISCAL YEAR 1973:
PROVIDED FURTHER, THAT EXPENDITURES MADE PURSUANT TO THIS SECTION SHALL
BE CHRRGED TO THE APPLICABLE APPROPRIATION, FUND, OR AUTHORIZATION
WHENEVER A BILL IN WHICH SUCH APPLICABLE APPROPRIATION, FUND, OR
AUTHORIZATION IS CONTAINED IS ENACTED INTO LAW: PROVIDED FURTHER, THAT
SECTION 103 OF PUBLIC LAW 93 - 52 SHALL APPLY TO THIS APPROPRIATION.
//76 STAT. 23, 42 USC 2571 NOTE, 81 STAT. 672, 42 USC 2711, 2861, 86
STAT. 402, 86 STAT. 1498, ANTE, P. 133.//
FOR AN ADDITIONAL AMOUNT FOR "OFFICE OF THE SECRETARY", $36,480:
PROVIDED, THAT EFFECTIVE DECEMBER 1, 1973, THE ALLOWANCE FOR CLERICAL
ASSISTANCE AND READJUSTMENT OF SALARIES IN THE DISBURSING OFFICE IS
INCREASED BY $62,415: PROVIDED FURTHER, THAT EFFECTIVE JULY 1, 1974,
THE ALLOWANCE FOR CLERICAL ASSISTANCE AND READJUSTMENT OF SALARIES IN
THE DISBURSING OFFICE IS DECREASED BY $17,100.
FOR AN ADDITIONAL AMOUNT FOR "OFFICE OF SERGEANT AT ARMS AND
DOORKEEPER", $46,055: PROVIDED, THAT EFFECTIVE DECEMBER 1, 1973, THE
SERGEANT AT ARMS MAY APPOINT AND FIX THE COMPENSATION OF ONE ADDITIONAL
SENIOR PROGRAMER ANALYST AT NOT TO EXCEED $22,515 PER ANNUM, TWO
ADDITIONAL PROGRAMER ANALYSTS AT NOT TO EXCEED $17,385 PER ANNUM EACH,
AND TWO ADDITIONAL MAIL SPECIALISTS AT NOT TO EXCEED $10,830 PER ANNUM
EACH.
FOR AN ADDITIONAL AMOUNT FOR "MISCELLANEOUS ITEMS", $115,000.
FOR AN ADDITIONAL AMOUNT FOR "MISCELLANEOUS ITEMS", FISCAL YEAR 1973,
$875,000.
SECTION 105 (E) OF THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1968, AS
AMENDED AND AS MODIFIED BY THE ORDER OF THE PRESIDENT PRO TEMPORE OF THE
SENATE OF OCTOBER 4, 1973, IS AMENDED AS FOLLOWS: //81 STAT. 127, 2 USC
61-1.//
(1) IN PARAGRAPH (1), STRIKE OUT "RANGING FROM $18,525 TO" AND
INSERT IN LIEU THEREOF "AT NOT TO EXCEED".
(2) IN PARAGRAPH (2) (A), STRIKE OUT "$8,265 TO" EACH PLACE IT
APPEARS THEREIN AND INSERT IN LIEU THEREOF "NOT TO EXCEED".
(3) IN PARAGRAPH (2) (B), STRIKE OUT "$18,240 TO", $14,25U TO",
AND "$8,265 TO" AND INSERT IN LIEU THEREOF IN EACH PLACE "NOT TO
EXCEED".
FOR PAYMENT TO GRACE D. SAYLOR, WIDOW OF JOHN P. SAYLOR, LATE A
REPRESENTATIVE FROM THE STATE OF PENNSYLVANIA, $42,500.
FOR AN ADDITIONAL AMOUNT FOR "HOUSE DEMOCRATIC STEERING COMMITTEE",
$68,560.
FOR AN ADDITIONAL AMOUNT FOR "HOUSE REPUBLICAN CONFERENCE", $68,560.
FOR AN ADDITIONAL AMOUNT FOR "OFFICIAL REPORTERS OF DEBATES",
$34,930.
FOR AN ADDITIONAL AMOUNT FOR "MEMBERS' CLERK HIRE", $6,800,000.
FOR AN ADDITIONAL AMOUNT FOR "SPECIAL AND SELECT COMMITTEES",
$1,500,000.
THE PROVISIONS OF HOUSE RESOLUTION 8 (THE THIRD PROVISO ONLY)
RELATING TO THE OFFICE OF THE MAJORITY LEADER OF THE HOUSE; HOUSE
RESOLUTION 283 RELATING TO THE HOUSE DEMOCRATIC STEERING COMMITTEE AND
THE HOUSE REPUBLICAN CONFERENCE; HOUSE RESOLUTION 342 RELATING TO THE
HOUSE LEADERSHIP OFFICES; HOUSE RESOLUTION 398 RELATING TO THE UNITED
STATES CAPITOL POLICE FORCE; HOUSE RESOLUTION 420 RELATING TO THE
CONGRESSIONAL INTERN PROGRAM; AND HOUSE RESOLUTION 492 RELATING TO PAY
COMPARABILITY ADJUSTMENTS OF CERTAIN HOUSE EMPLOYEES; ALL OF THE
NINETY-THIRD CONGRESS, SHALL BE THE PERMANENT LAW WITH RESPECT THERETO.
FOR AN ADDITIONAL AMOUNT FOR "SENATE OFFICE BUILDINGS", $117,000.
FOR AN ADDITIONAL AMOUNT FOR "CONSTRUCTION OF AN EXTENSION TO THE NEW
SENATE OFFICE BUILDING", INCLUDING EXTENSION OF THE SENATE SUBWAY
TRANSPORTATION SYSTEM, CONSTRUCTION OF ADDITIONAL FLOOR LEVELS ON THE
REAR CENTER WING OF THE DIRKSEN OFFICE BUILDING, CHANGES TO THE DIRKSEN
AND RUSSELL OFFICE BUILDINGS TO PROVIDE IMPROVED MEANS OF CIRCULATION
TO, IN, AND THROUGH THOSE BUILDINGS AND THE EXTENSION, AND OTHER CHANGES
REQUIRED TO PROPERLY CORRELATE USE OF THE THREE BUILDINGS, $20,900,000,
TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "HOUSE OFFICE BUILDINGS", $52,000.
EFFECTIVE ON THE FIRST DAY OF THE FIRST APPLICABLE PAY PERIOD WHICH
BEGINS ON OR AFTER THE DATE OF ENACTMENT OF THIS ACT, THE COMPENSATION
OF PERSONNEL ASSIGNED TO THE HOUSE GARAGES IN CONNECTION WITH PARKING
ACTIVITIES AND PAID FROM THE APPROPRIATION "HOUSE OFFICE BUILDINGS"
UNDER THE ARCHITECT OF THE CAPITOL, SHALL BE FIXED BY THE ARCHITECT OF
THE CAPITOL WITHOUT REGARD TO CHAPTER 51 AND SUBCHAPTERS III AND IV OF
CHAPTER 53 OF TITLE 5, UNITED STATES CODE, AND SHALL THEREAFTER BE
ADJUSTED IN ACCORDANCE WITH 5 U.S.C. 5307. //5 USC 5101, 5331, 5341, 84
STAT. 1950.//
FOR AN ADDITIONAL AMOUNT FOR "ADDITIONAL PARKING FACILITIES FOR
CONGRESSIONAL EMPLOYEES", $153,000.
FOR AN ADDITIONAL AMOUNT FOR "OPERATING EXPENSES", $11,300,000.
FOR AN ADDITIONAL AMOUNT FOR "PLANT AND CAPITAL EQUIPMENT",
$30,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, GENERAL",
$17,500,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "FLOOD CONTROL AND COASTAL EMERGENCIES",
$100,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "FLOOD CONTROL, MISSISSIPPI RIVER AND
TRIBUTARIES", $14,600,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "UNDERGROUND ELECTRIC POWER TRANSMISSION
RESEARCH", $1,250,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "CONTRIBUTIONS TO INTERNATIONAL
ORGANIZATIONS", TO BE AVAILABLE WITHOUT REGARD TO THE PROVISION UNDER
THIS HEADING IN THE DEPARTMENT OF STATE APPROPRIATION ACT, 1973,
$17,337,000: PROVIDED, THAT THIS APPROPRIATION SHALL BE AVAILABLE ONLY
UPON THE ENACTMENT INTO LAW OF AUTHORIZING LEGISLATION. //86 STAT.
1110.//
FOR AN ADDITIONAL AMOUNT FOR "INTERNATIONAL CONFERENCES AND
CONTINGENCIES", $1,700,000, OF WHICH $800,000 SHALL REMAIN AVAILABLE
UNTIL DECEMBER 31, 1974, AND 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. //74 STAT. 801.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES, GENERAL
ADMINISTRATION", $600,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES, UNITED STATES
ATTORNEYS AND MARSHALS", $2,100,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $500,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", INCLUDING (IN
ADDITION TO THOSE HERETOFORE AUTHROIZED) PURCHASE FOR POLICE-TYPE USE OF
NOT TO EXCEED NINETY-SIX PASSENGER MOTOR VEHICLES WITHOUT REGARD TO THE
GENERAL PURCHASE PRICE LIMITATION FOR THE CURRENT FISCAL YEAR,
$3,600,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $7,000,000.
FOR ADDITIONAL AMOUNT FOR "DEVELOPMENT FACILITIES", $15,000,000.
FOR AN ADDITIONAL AMOUNT FOR "INDUSTRIAL DEVELOPMENT LOANS AND
GUARANTEES", $15,000,000.
FOR AN ADDITIONAL AMOUNT FOR "PLANNING, TECHNICAL ASSISTANCE, AND
RESEARCH", $6,500,000 WHICH SHALL BE AVAILABLE FOR EXTENSION OF GRANTS
TO EXISTING ECONOMIC DEVELOPMENT DISTRICTS AND PLANNING ORGANIZATIONS,
INCLUDING ADMINISTRATIVE EXPENSES, AND TO FUND NEW DISTRICTS WHOCH MEET
THE REQUIREMENTS OF 42 U.S.C. 3171, AS AMENDED: PROVIDED, THAT NO
RESTRICTIONS SHALL BE IMPOSED IN THE AUTHORIZATION, DESIGNATION, AND
FUNDING OF SUCH NEW ECONOMIC DEVELOPMENT DISTRICTS WHICH MEET THE
REQUIREMENTS OF 42 U.S.C. 3171, AS AMENDED. //79 STAT. 562.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $2,100,000, OF
WHICH $900,000 MAY REMAIN AVAILABLE FOR INTERNATIONAL BUSINESS
ACTIVITIES UNTIL JUNE 30, 1975.
FOR NECESSARY EXPENSES FOR FEDERAL PARTICIPATION IN THE 1974 ARCTIC
WINTER GAMES, AS AUTHORIZED BY PUBLIC LAW 93 - 144, NOVEMBER 1, 1973,
$150,000. //ANTE, P. 527.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $2,000,000.
FOR AN ADDITIONAL AMOUNT FOR "OPERATIONS, RESEARCH, AND FACILITIES",
$10,287,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "MISCELLANEOUS EXPENSES", $45,000.
FOR AN ADDITIONAL AMOUNT FOR "CARE OF THE BUILDING AND GROUNDS",
$377,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
THE FIGURE OF $1,700,000 CONTAINED IN THE PARAGRAPH "EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION, SALARIES AND EXPENSES", IN PUBLIC LAW 93 - 162,
MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF STATE, JUSTICE, AND
COMMERCE, THE JUDICIARY, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING
JUNE 30, 1974, IS HEREBY INCREASED TO $2,500,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $105,000.
FOR NECESSARY EXPENSES OF THE BOARD FOR INTERNATIONAL BROADCASTING,
AS AUTHORIZED BY LAW, $125,000.
FOR AN ADDITIONAL AMOUNT FOR "TRAFFIC AND HIGHWAY SAFETY",
$30,335,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $2,250,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $5,000,000, OF
WHICH NOT TO EXCEED $100,000 SHALL BE AVAILABLE FOR PAYMENT FOR RENTAL
SPACE IN CONNECTION WITH PRECLEARANCE OPERATIONS: PROVIDED, THAT NONE
OF THE FUNDS MADE AVAILABLE UNDER THIS OR ANY OTHER ACT SHALL BE
OBLIGATED OR EXPENDED TO CHANGE THE BOUNDARIES OF THE PEMBINA, NORTH
DAKOTA CUSTOMS DISTRICT (REGION IX), WITHOUT THE CONSENT OF THE
COMMITTEES ON APPROPRIATIONS OF THE UNITED STATES SENATE AND HOUSE OF
REPRESENTATIVES.
FOR AN ADDITIONAL AMOUNT FOR "ACCOUNTS, COLLECTION AND TAXPAYER
SERVICE", $26,000,000, INCLUDING $4,700,000 FOR TEMPORARY EMPLOYMENT IN
ADDITION TO THAT HERETOFORE AUTHORIZED.
FOR AN ADDITIONAL AMOUNT FOR "PAYMENT TO THE POSTAL SERVICE FUND",
$105,000,000.
FOR NECESSARY EXPENSES OF THE COUNCIL ON INTERNATIONAL ECONOMIC
POLICY, INCLUDING PERSONNEL SERVICES WITHOUT REGARD TO THE PROVISIONS OF
LAW REGULATING THE EMPLOYMENT AND COMPENSATION OF PERSONS IN THE
GOVERNMENT SERVICE, AND NOT TO EXCEED $1,000 FOR OFFICIAL ENTERTAINMENT,
$1,350,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $17,000,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $1,500,000:
PROVIDED, THAT OF THE AMOUNT HERETOFORE AND HEREIN APPROPRIATED FOR
"SALARIES AND EXPENSES" FOR THE CURRENT FISCAL YEAR, THE LIMITATION FOR
PERSONAL SERVICES AS AUTHORIZED BY TITLE 5, UNITED STATES CODE, SECTION
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 IS $3,850,000 AND THE LIMITATION ON TRAVEL IS
$100,000. //80 STAT. 416.//
FOR NECESSARY EXPENSES OF THE FEDERAL ENERGY OFFICE ESTABLISHED BY
EXECUTIVE ORDER NUMBERED 11748, DATED DECEMBER 4, 173, INCLUDING HIRE OF
PASSENGER MOTOR VEHICLES, REIMBURSEMENTS TO THE EMERGENCY FUND OF THE
PRESIDENT FOR ALLOCATIONS TO THE OFFICE, AND SERVICES AS AUTHORIZED BY
TITLE 5, UNITED STATES CODE, SECTION 3109, BUT AT RATES FOR INDIVIDUALS
NOT TO EXCEED THE PER DIEM EQUIVALENT OF THE RATE FOR GRADE GS - 18,
$9,360,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $760,000.
FOR AN ADDITIONAL AMOUNT FOR "PUBLIC BUILDINGS SERVICE, OPERATING
EXPENSES", $90,400,000, OF WHICH NOT TO EXCEED $400,000 SHALL BE
AVAILABLE FOR EXPENSES IN CONNECTION WITH PREPARATION OF ENVIRONMENTAL
IMPACT STATEMENTS PERTAINING TO ANY STRUCTURE OR STRUCTURES CONTEMPLATED
BY PUBLIC LAW 89 - 547. //80 STAT. 370. 44 USC 2108 NOTE.//
FOR AN ADDITIONAL AMOUNT FOR "REPAIR AND IMPROVEMENT OF PUBLIC
BUILDINGS", $21,683,000.
AN AMOUNT OF $1,290,000 HERETOFORE APPROPRIATED UNDER THIS HEADING
SHALL BE AVAILABLE UNTIL EXPENDED FOR CONSTRUCTION, PURSUANT TO THE
PUBLIC BUILDINGS ACT OF 1959, AS AMENDED (40 U.S.C. 601 - 615), OF THE
POST OFFICE, COURTHOUSE, AND FEDERAL OFFICE BUILDING, ELKINS, WEST
VIRGINIA, IN ADDITION TO THE AMOUNT APPROPRIATED IN THE TREASURY, POSTAL
SERVICE, AND GENERAL GOVERNMENT APPROPRIATION ACT, 1972, //73 STAT. 479.
85 STAT. 108.// FOR THIS PROJECT: PROVIDED, THAT THIS AMOUNT MAY BE
INCREASED BY NOT TO EXCEED 10 PER CENTUM TO THE EXTENT THAT SAVINGS ARE
EFFECTED IN OTHER PROJECTS.
FOR AN ADDITIONAL AMOUNT FOR "OPERATING EXPENSES", $7,000,000.
FOR AN ADDITIONAL AMOUNT FOR "OPERATING EXPENSES", $3,500,000.
IN ADDITION TO THE AMOUNT AVAILABLE FOR OBLIGATION IN THIS ACCOUNT
FOR THE CURRENT FISCAL YEAR FROM FUNDS MADE AVAILABLE TO GENERAL
SERVICES ADMINISTRATION FROM ANY SOURCE EXCEPT OBLIGATIONS FOR
REIMBURSABLE WORK PERFORMED FOR OTHER AGENCIES UNDER SECTION 601 OF THE
ECONOMY ACT OF 1932, AS AMENDED (31 U.S.C. 686), $1,100,000 SHALL ALSO
BE AVAILABLE FOR SUCH OBLIGATION. //56 STAT. 661.//
SEC. 1001. NO APPROPRIATED FUNDS SHALL BE AVAILABLE FOR THE PURPOSE
OF DEFRAYING ANY EXPENSES (INCLUDING EXPENSES FOR THE PAYMENTS OF THE
SALARY OF ANY PERSON) INCURRED IN CONNECTION WITH THE TRANSFER OF TITLE
OF ALL (OR ANY PORTION) OF THE SAND POINT NAVAL FACILITY, SEATTLE,
WASHINGTON, TO ANY PERSON OR ENTITY FOR AVIATION USE UNLESS AND UNTIL
(A) THE ADMINISTRATOR OF GENERAL SERVICES HAS TRANSFERRED TO THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION TITLE TO THAT PORTION OF
SUCH FACILITY AS HAS BEEN REQUESTED BY THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION; AND (B) THE CITY OF SEATTLE, WASHINGTON,
AND THE COUNTY OF KING IN THE STATE OF WASHINGTON, AND THE STATE OF
WASHINGTON HAVE EACH APPROVED A PLAN FOR AVIATION USE OF A PORTION OF
SUCH FACILITY.
FOR PAYMENT OF CLAIMS SETTLED AND DETERMINED BY DEPARTMENTS AND
AGENCIES IN ACCORD WITH LAW AND JUDGMENTS RENDERED AGAINST THE UNITED
STATES BY THE UNITED STATES COURT OF CLAIMS AND UNITED STATES DISTRICT
COURTS, AS SET FORTH IN SENATE DOCUMENT NUMBERED 93 - 49 AND HOUSE
DOCUMENTS NUMBERED 93 - 163 AND 93 - 179, NINETY-THIRD CONGRESS,
$57,352,301, 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 THE JUDGMENT, PAYMENT OF INTEREST WHEREVER
APPROPRIATED FOR HEREIN SHALL NOT CONTINUE FOR MORE THAN THIRTY DAYS
AFTER THE DATE OF APPROVAL OF THE ACT.
SEC. 1201. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
REMAIN AVAILABLE FOR OBLIGATION BEYOND THE CURRENT FISCAL YEAR UNLESS
EXPRESSLY SO PROVIDED HEREIN.
SEC. 1202. NO PART OF ANY APPROPRIATION UNDER THIS ACT SHALL BE
AVAILABLE TO THE SECRETARIES OF THE INTERIOR AND AGRICULTURE FOR USE FOR
ANY SALE HEREAFTER MADE OF UNPROCESSED TIMBER FROM FEDERAL LANDS WEST OF
THE 100TH MERIDIAN IN THE CONTIGUOUS FORTY-EIGHT STATES WHICH WILL BE
EXPORTED FROM THE UNITED STATES, OR WHICH WILL BE USED AS A SUBSTITUTE
FOR TIMBER FROM PRIVATE LANDS WHICH IS EXPORTED BY THE PURCHASER.
APPROVED JANUARY 3, 1974.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 663 (COMM. ON APPROPRIATIONS)
AND NOS. 93 - 736 AND 93 - 745 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 614 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 30, CONSIDERED AND PASSED HOUSE. DEC. 12, CONSIDERED AND
PASSED SENATE, MENDED. AMDEC. 19, HOUSE RECOMMITTED CONFERENCE T.
REPORTDEC. 20, HOUSE AGREED TO FURTHER CONFERENCE REPORT AND
CONCURRED IN CERTAIN SENATE AMENDMENTS WITH AMENDMENTS. DEC.
21, SENATE AGREED TO CONFERENCE REPORT AND HOUSE
AMENDMENTS.
PUBLIC LAW 93-244, 87 STAT. 1070
TO AUTHORIZE THE AMERICAN BATTLE MONUMENTS COMMISSION TO ASSUME
CONTROL OF OVERSEAS WAR MEMORIALS ERECTED BY PRIVATE PERSONS AND
NON-FEDERAL AND FOREIGN AGENCIES AND TO DEMOLISH SUCH WAR
MEMORIALS IN CERTAIN INSTANCES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 5 OF THE
ACT ENTITLED "AN ACT FOR THE CREATION OF THE AMERICAN BATTLE MONUMENTS
COMMISSION TO ERECT SUITABLE MEMORIALS COMMEMORATING THE SERVICES OF THE
AMERICAN SOLDIER IN EXROPE, AND FOR OTHER PURPOSES", APPROVED MARCH 4,
1923 (36 U.S.C. 126), IS AMENDED BY INSERTING "(A)" IMMEDIATELY BEFORE
"THE", AND BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTIONS:
//60 STAT. 317; 70 STAT. 640.//
"TB) (1) THE COMMISSION IS AUTHORIZED, IN ITS DISCRETION, TO
ASSUME
"(B) (1) THE COMMISSION IS AUTHORIZED, IN ITS DISCRETION, TO ASSUME
RESPONSIBILITY FOR THE CONTROL, ADMINISTRATION, AND MAINTENANCE OF ANY
WAR MEMORIAL ERECTED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS
SUBSECTION OUTSIDE THE UNITED STATES BY AN AMERICAN CITIZEN, A STATE, A
POLITICAL SUBDIVISION OF A STATE, ANY OTHER NON-FEDERAL GOVERNMENTAL
AGENCY, FOREIGN AGENCY, OR PRIVATE ASSOCIATION TO COMMEMORATE THE
SERVICES OF ANY OF THE AMERICAN ARMED FORCES IN HOSTILITIES OCCURRING
SINCE APRIL 6, 1917, IF (A) THE MEMORIAL IS NOT ERECTED ON THE TERRITORY
OF THE FORMER ENEMY CONCERNED, AND (B) THE SPONSORS OF THE MEMORIAL
CONSENT TO THE COMMISSION ASSUMING SUCH RESPONSIBILITIES AND TRANSFER TO
THE COMMISSION ALL THEIR RIGHT, TITLE, AND INTEREST IN THE MEMORIAL. IF
REASONABLE EFFORT FAILS TO LOCATE THE SPONSORS OF A MEMORIAL, THE
COMMISSION MAY ASSUME RESPONSIBILITY THEREFOR UNDER THIS SUBSECTION BY
AGREEMENT WITH THE APPROPRIATE FOREIGN AUTHORITIES. A DECISION OF THE
COMMISSION TO ASSUME RESPONSIBILITY FOR ANY WAR MEMORIAL UNDER THIS
SUBSECTION IS FINAL.
"(2) ANY FUNDS ACCUMULATED BY THE SPONSORS FOR THE MAINTENANCE AND
REPAIR OF A WAR MEMORIAL FOR WHICH THE COMMISSION ASSUMES RESPONSIBILITY
UNDER THIS SUBSECTION MAY BE TRANSFERRED TO THE COMMISSION FOR USE IN
CARRYING OUT THE PURPOSE OF THIS ACT. ANY SUCH FUNDS SO TRANSFERRED
SHALL BE DEPOSITED BY THE COMMISSION IN THE MANNER PROVIDED FOR IN
SECTION 7. //60 STAT. 318. 36 USC 128.//
"(C) THE COMMISSION IS AUTHORIZED TO TAKE NECESSARY MEASURES TO
DEMOLISH ANY WAR MEMORIAL ERECTED ON FOREIGN SOIL BY AN AMERICAN
CITIZEN, A STATE, A POLITICAL SUBDIVISION OF A STATE, ANY OTHER
NON-FEDERAL GOVERNMENTAL AGENCY, FOREIGN AGENCY, OR PRIVATE ASSOCIATION
AND TO DISPOSE OF THE SITE OF SUCH MEMORIAL IN SUCH MANNER AS IT DEEMS
PROPER, IF--
"(1) THE APPROPRIATE FOREIGN AUTHORITIES AGREE TO SUCH
DEMOLITION; AND
"(2) THE SPONSORS OF THE MEMORIAL CONSENT TO SUCH DEMOLITION;
//87 STAT. 1071// OR
"(3) THE MEMORIAL HAS FALLEN INTO DISREPAIR AND A REASONABLE
EFFORT ON THE PART OF THE COMMISSION HAS FAILED--
"(A) TO PERSUADE THE SPONSORS TO MAINTAIN THE MEMORIAL AT A
STANDARD ACCEPTABLE TO THE COMMISSION, OR
"(B) TO LOCATE THE SPONSORS.
"(D) AS USED IN THIS SECTION, THE TERM 'SPONSORS' INCLUDES THE LEGAL
SUCCESSORS TO THE SPONSOR."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 281 (COMM. ON VETERANS' AFFAIRS).
SENATE REPORT NO. 93 - 609 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JULY 16, CONSIDERED AND PASSED HOUSE. DEC. 21, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-243; 87 STAT. 1069
- SDFASDFSDFASDF
TO AMEND THE FEDERAL WATER POLLUTION CONTROL ACT TO ESTABLISH
THE RATIO FOR ALLOCATION OF TREATMENT WORKS CONSTRUCTION GRANT
FUNDS, TO INSURE THAT GRANTS MAY BE GIVEN FOR OTHER THAN OPERABLE
UNITS, AND TO CLARIFY THE REQUIREMENTS FOR DEVELOPMENT OF
PRIORITIES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SUBSECTION (A)
OF SECTION 205 OF THE FEDERAL WATER POLLUTION CONTROL ACT IS AMENDED BY
INSERTING IMMEDIATELY AFTER THE THIRD SENTENCE THEREOF THE FOLLOWING NEW
SENTENCE: "FOR THE FISCAL YEAR ENDING JUNE 30, 1975, SUCH RATIO SHALL
BE DETERMINED ONE-HALF ON THE BASIS OF TABLE I OF HOUSE PUBLIC WORKS
COMMITTEE PRINT NUMBERED 93 - 28 AND ONE-HALF ON THE BASIS OF TABLE II
OF SUCH PRINT, EXCEPT THAT NO STATE SHALL RECEIVE AN ALLOTMENT LESS THAN
THAT WHICH IT RECEIVED FOR THE FISCAL YEAR ENDING JUNE 30, 1972, AS SET
FORTH IN TABLE III OF SUCH PRINT.". //86 STAT. 837. 33 USC 1285.//
(B) THE LAST SENTENCE OF SUBSECTION (A) OF SECTION 205 OF THE FEDERAL
WATER POLLUTION CONTROL ACT IS AMENDED BY STRIKING OUT "JUNE 30, 1974,"
AND INSERTING IN LIEU THEREOF "JUNE 30, 1975,".
SEC. 2. SECTION 203 OF THE FEDERAL WATER POLLUTION CONTROL ACT IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION: //86
STAT. 835. 33 USC 1283.//
"(D) NOTHING IN THIS ACT SHALL BE CONSTRUED TO REQUIRE, OR TO
AUTHORIZE THE ADMINISTRATOR TO REQUIRE, THAT GRANTS UNDER THIS ACT FOR
CONSTRUCTION OF TREATMENT WORKS BE MADE ONLY FOR PROJECTS WHICH ARE
OPERABLE UNITS USABLE FOR SEWAGE COLLECTION, TRANSPORTATION, STORAGE,
WASTE TREATMENT, OR FOR SIMILAR PURPOSES WITHOUT ADDITIONAL
CONSTRUCTION.".
SEC. 3. SECTION 511 OF THE FEDERAL WATER POLLUTION CONTROL ACT IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION: //86
STAT. 893. 33 USC 1371.//
"(D) NOTWITHSTANDING THIS ACT OR ANY OTHER PROVISION OF LAW, THE
ADMINISTRATOR (1) SHALL NOT REQUIRE ANY STATE TO CONSIDER IN THE
DEVELOPMENT OF THE RANKING IN ORDER OF PRIORITY OF NEEDS FOR THE
CONSTRUCTION OF TREATMENT WORKS (AS DEFINED IN TITLE II OF THIS ACT),
ANY WATER POLLUTION CONTROL AGREEMENT WHICH MAY HAVE BEEN ENTERED INTO
BETWEEN THE UNITED STATES AND ANY OTHER NATION, AND (2) SHALL NOT
CONSIDER ANY SUCH AGREEMENT IN THE APPROVAL OF ANY SUCH PRIORITY
RANKING.". //33 USC 1281.//
SEC. 4. SUBSECTION (B) OF SECTION 516 OF THE FEDERAL WATER POLLUTION
CONTROL ACT, AS AMENDED (86 STAT. 895), IS AMENDED BY INSERTING "(1)"
AFTER "(B)"; BY STRIKING "(1)", "(2)", "(3)", AND "(4)" AND INSERTING
IN LIEU THEREOF "(A)", "(B)", "(C)", AND "(D)", RESPECTIVELY; AND BY
ADDING THE FOLLOWING NEW PARAGRAPH: //33 USC 1375.//
"(2) NOTWITHSTANDING THE SECOND SENTENCE OF PARAGRAPH (1) OF THIS
SUBSECTION, THE ADMINISTRATOR SHALL MAKE A PRELIMINARY DETAILED
.ESTIMATE CALLED FOR BY SUBPARAGRAPH (B) OF SUCH PARAGRAPH AND SHALL
SUBMIT SUCH PRELIMINARY DETAILED ESTIMATE TO THE CONGRESS NO LATER THAN
SEPTEMBER 3, 1974. THE ADMINISTRATOR SHALL REQUIRE EACH STATE TO
PREPARE AN ESTIMATE OF COST FOR SUCH STATE, AND SHALL UTILIZE THE SURVEY
FORM EPA - 1, O. M. B. NO. 158 - R0017, PREPARED FOR THE 1973 DETAILED
ESTIMATE, EXCEPT THAT SUCH ESTIMATE SHALL INCLUDE ALL COSTS OF
COMPLIANCE WITH SECTION 201 (G) (2) (A) OF THIS ACT AND WATER QUALITY
STANDARDS ESTABLISHED PURSUANT TO SECTION 303 OF THIS ACT, AND ALL COSTS
OF TREATMENT WORKS AS DEFINED IN SECTION 212 (2), INCLUDING ALL ELIGIBLE
COSTS OF CONSTRUCTING SEWAGE COLLECTION SYSTEMS AND CORRECTING EXCESSIVE
INFILTRATION OR INFLOW AND ALL ELIGIBLE COSTS OF CORRECTING COMBINED
STORM AND SANITARY SEWER PROBLEMS AND TREATING STORM WATER FLOWS. THE
SURVEY FORM SHALL BE DISTRIBUTED BY THE ADMINISTRATOR TO EACH STATE NO
LATER THAN JANUARY 31, 1974.". //87 STAT. 1070 DETAILED ESTIMATE,
SUBMITTAL TO CONGRESS. 86 STAT. 834. 33 USC 1281. 33 USC 1313. 33
USC 1292.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 735 ACCOMPANYING H. R. 11928 (COMM. ON PUBLIC
WORKS).
SENATE REPORT NO. 93 - 630 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 14, CONSIDERED AND PASSED SENATE. DEC. 18, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF H. R. 11928. DEC. 21, SENATE
AGREED TO HOUSE AMENDMENTS WITH AMENDMENTS;
HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-242; 87 STAT. 1061, OFFSHORE SHRIMP FISHERIES ACT OF
1973
TO IMPLEMENT THE SHRIMP FISHING AGREEMENT WITH BRAZIL, AND FOR
OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "OFFSHORE SHRIMP FISHERIES ACT OF 1973".
SEC. 2. WHEN USED IN THIS ACT--
(A) THE TERM "TREATY" SHALL MEAN THE AGREEMENT BETWEEN THE
GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT
OF THE UNITED STATES OF AMERICA CONCERNING SHRIMP, SIGNED ON MAY
9, 1972, INCLUDING RELATED ANNEXES, NOTES, AND AGREED MINUTES, AS
THESE DOCUMENTS MAY BE AMENDED FROM TIME TO TIME; //24 UST 932.
87 STAT. 1062.//
(B) THE TERM "SHRIMP" SHALL MEAN THE SHRIMP PENAEUS (M.)
DUORARUM NOTIALIS, PENEAUS BRASILIENSIS, AND PENAEUS (M.) AZTECUS
SUBTILIS;
(C) THE TERM "AREA OF AGREEMENT" SHALL MEAN THE AREA IN WHICH
UNITED STATES VESSELS CARRY ON A SHRIMP FISHERY IN THE VICINITY OF
BRAZIL, AS DESCRIBED BY THE FOLLOWING BOUNDARIES: THE WATERS OFF
THE COAST OF BRAZIL HAVING THE ISOBATH OF THIRTY METERS AS THE
SOUTHWEST LIMIT, THE LATITUDE 1 DEGREE NORTH AS THE SOUTHERN
LIMIT, THE LONGITUDE 47 DEGREES 30 MINUTES WEST AS THE EASTERN
LIMIT, AND A LINE RUNNING FROM THE POINT OF 4 DEGREES 44 MINUTES
NORTH LATITUDE, 51 DEGREES 30 MINUTES WEST LONGITUDE AT AN AZIMUTH
OF 17 DEGREES TO THE POINT OF 4 DEGREES 51 MINUTES NORTH LATITUDE,
51 DEGREES 28 MINUTES WEST LONGITUDE AND THENCE AT AN AZIMUTH OF
43 DEGREES TO THE POINT OF 8 DEGREES 58 MINUTES NORTH LATITUDE, 47
DEGREES 30 MINUTES WEST LONGITUDE AS THE NORTHWESTERN BOUNDARY;
(D) THE TERM "VESSEL" SHALL MEAN EVERY DESCRIPTION OF
WATERCRAFT OR OTHER CONTRIVANCE USED, OR CAPABLE OF BEING USED, AS
A MEANS OF TRANSPORTATION IN WATER;
(E) THE TERM "SECRETARY" SHALL MEAN THE SECRETARY OF COMMERCE
OF HIS DELEGATE;
(F) THE TERM "TRANSSHIP" SHALL MEAN THE TRANSFER OF SHRIMP FROM
ONE VESSEL TO ANOTHER VESSEL, OR THE RECEIPT OF SHRIMP BY ONE
VESSEL FROM ANOTHER VESSEL;
(G) THE TERM "FISHING" SHALL MEAN THE TAKING OR ATTEMPTED
TAKING OF SHRIMP BY ANY MEANS WHATSOEVER;
(H) THE TERM "VESSEL OWNER" SHALL MEAN ANY PERSON, PARTNERSHIP,
CORPORATION, OR ASSOCIATION WHICH IS THE OWNER OF RECORD OF A
VESSEL DOCUMENTED UNDER THE LAWS OF THE UNITED STATES, EXCEPT
THAT, WITH RESPECT TO SECTIONS 4 AND 5 THEREOF, THE SECRETARY MAY
ISSUE SUCH REGULATIONS AS HE DEEMS APPROPRIATE TO COVER
APPLICATIONS FOR AND ISSUANCE OF LETTERS OF VOLUNTARY COMPLIANCE
AND PERMITS WITH RESPECT TO VESSELS OWNED BY CORPORATIONS WHICH
ARE OWNED OR CONTROLLED BY ONE OR MORE OTHER CORPORATIONS;
(I) THE TERM "REGULATIONS" SHALL MEAN RULES AND REGULATIONS
ISSUED BY THE SECRETARY FROM TIME TO TIME AS HE DEEMS NECESSARY TO
CARRY OUT THE PURPOSES AND OBJECTIVES OF THE TREATY AND THIS ACT;
AND
(J) THE TERM "GEAR" WHEN APPLIED TO ANY VESSEL INVOLVED IN A
VIOLATION SHALL MEAN ANY SINGLE SET OF NET AND DOORS FOR A SINGLE
TRAWL VESSEL, OR FOR A VESSEL CAPABLE OF TOWING MORE THAN ONE SET
AT A TIME, AS MANY SETS OF NET AND DOORS AS THE VESSEL IS CAPABLE
OF TOWING: PROVIDED, THAT IF THE VESSEL OWNER, MASTER, OR OTHER
PERSON IN CHARGE OF THE VESSEL CAN SHOW THAT A PARTICULAR SET (OR
SETS) OF NET AND DOORS WAS ACTUALLY INVOLVED IN THE VIOLATION,
THEN THAT SET (OR SETS) SHALL BE DEEMED TO BE THE GEAR OF THE
VESSEL INVOLVED IN THE VIOLATION. //87 STAT. 1062.//
SEC. 3. (A) THE SECRETARY IS AUTHORIZED TO ISSUE PERMITS TO VESSEL
OWNERS FOR VESSELS DOCUMENTED UNDER THE LAWS OF THE UNITED STATES TO
ENGAGE IN FISHING IN THE AREA OF AGREEMENT: PROVIDED, THAT THE NUMBER
OF VESSELS WHICH ARE THE SUBJECT OF PERMITS SHALL NOT EXCEED THREE
HUNDRED AND TWENTY-FIVE OR SUCH OTHER NUMBER OF VESSELS AS MAY BE
SPECIFIED IN THE TREATY FROM TIME TO TIME AS AUTHORIZED TO FISH IN THE
AREA OF AGREEMENT. NO VESSEL OWNER MAY BE ISSUED A PERMIT WITH RESPECT
TO A VESSEL UNLESS SUCH VESSEL MEETS THE REQUIREMENTS OF THE TREATY, THE
ACT, AND THE REGULATIONS. //87 STAT. 1062.//
(B) EXCEPT AS PROVIDED IN SECTION 4 (D), A PERMIT SHALL BE VALID ONLY
FOR THE VESSEL WITH RESPECT TO WHICH IT IS ISSUED AND SHALL NOT COVER
MORE THAN ONE VESSEL, EXCEPT THAT A VESSEL OWNER MAY, WITH THE PRIOR
CONSENT OF THE SECRETARY, TRANSFER A PERMIT TO ANOTHER VESSEL WHETHER OR
NOT OWNED BY THE SAME VESSEL OWNER.
(C) PERMITS SHALL BE ISSUED FOR A CALENDAR YEAR, AND MAY BE RENEWED
ANNUALLY.
(D) PERMITS SHALL CONTAIN SUCH PROVISIONS, AND SHALL BE ISSUED UPON,
AND SUBJECT TO, SUCH TERMS AND CONDITIONS AS THE SECRETARY DEEMS
NECESSARY TO CARRY OUT THE TREATY, THE ACT, AND THE REGULATIONS. PERMIT
PROVISIONS MAY INCLUDE, BUT ARE NOT LIMITED TO--
(I) THE MANNER, PLACE, AND TIME OF CONDUCTING FISHING
OPERATIONS,
(II) THE KEEPING OF RECORDS,
(III) THE FURNISHING OF INFORMATION TO THE SECRETARY,
(IV) THE IDENTIFICATION AND MARKING OF THE VESSELS,
(V) LIMITATIONS ON TRANSSHIPMENT OPERATIONS,
(VI) RESTRICTIONS OR PROHIBITIONS ON THE EMPLOYMENT ON ANY
PERMITTED VESSEL OF A MASTER OR OTHER PERSON AGAINST WHOM A CIVIL
PENALTY HAS BEEN ASSESSED PURSUANT TO SECTION 9,
(VII) PROHIBITED ACTIVITIES,
(VIII) REVOCATION OF PERMIT FOR FAILURE TO PAY A CIVIL PENALTY
ASSESSED AGAINST A VESSEL OWNER PURSUANT TO SECTION 9, AND
(IX) THE MAINTENANCE OF AN OFFICE IN THE UNITED STATES BY THE
HOLDER OF A PERMIT AT WHICH ALL NOTICES, LEGAL DOCUMENTS, AND
OTHER MATERIAL MAY BE SERVED.
PERMITS MAY BE SUSPENDED OR REVOKED BY THE SECRETARY FOR FAILURE TO
COMPLY WITH ANY OF THE TERMS OR CONDITIONS THEREOF, OR WITH THE TREATY,
THIS ACT OR THE REGULATIONS. UPON ANY SUCH SUSPENSION OR REVOCATION,
THE PERMITTEE SHALL BE AFFORDED A PROMPT OPPORTUNITY, AFTER DUE NOTICE,
FOR A HEARING BY THE SECRETARY. THE DECISION OF THE SECRETARY RENDERED
IN CONNECTION WITH SUCH HEARING SHALL BE FINAL AND BINDING.
(E) PERMITS MAY BE RETURNED TO THE SECRETARY. IN ADDITION, THE
SECRETARY MAY ISSUE REGULATIONS REQUIRING THE RETURN OF UNUTILIZED
PERMITS UNDER SUCH CIRCUMSTANCES AND UPON SUCH TERMS AND CONDITIONS AS
HE DEEMS APPROPRIATE. IF THE SECRETARY REISSUES A PERMIT TO ANOTHER
VESSEL OWNER, A PRORATED AMOUNT OF THE ANNUAL PERMIT FEE FOR THE PORTION
OF THE YEAR DURING WHICH THE PERMIT IS HELD BY ANOTHER VESSEL OWNER
SHALL BE REFUNDED TO THE ORIGINAL PERMITTEE. EXCEPT AS SPECIFIED IN
THIS SUBSECTION (E) AND IN SECTION 4 (C), PERMIT FEES SHALL NOT BE
PRORATED.
(F) THE ANNUAL FEE FOR A PERMIT FOR ANY YEAR OTHER THAN 1973 SHALL BE
$615 FOR ENFORCEMENT SERVICES PLUS AN AMOUNT OF NOT MORE THAN $100, AS
DETERMINED BY THE SECRETARY, FOR THE PURPOSE OF COVERING ADMINISTRATIVE
COSTS. THE FEE FOR A PERMIT FOR 1973 SHALL BE $1,230 FOR ENFORCEMENT
SERVICES PLUS AN AMOUNT OF NOT MORE THAN $200, AS DETERMINED BY THE
SECRETARY, FOR THE PURPOSE OF COVERING ADMINISTRATIVE COSTS: PROVIDED,
THAT THE ANNUAL FEE FOR A PERMIT FOR 1973 FOR ANY VESSEL FIRST
DOCUMENTED IN THAT YEAR OR CERTIFIED AS NOT HAVING BEEN ENGAGED IN
FISHING IN THE AREA OF AGREEMENT IN 1972 SHALL BE $615 FOR ENFORCEMENT
SERVICES PLUS AN AMOUNT OF NOT MORE THAN $100, AS DETERMINED BY THE
SECRETARY, FOR THE PURPOSE OF COVERING ADMINISTRATIVE COSTS. THE AMOUNT
OF ANY DEPOSIT TRANSFERRED TO THE OFFSHORE SHRIMP FISHERIES FUND
PURSUANT TO SECTION 5 OF THIS ACT SHALL BE CREDITED TOWARD THE ANNUAL
PERMIT FEE.
(G) ANY PERMIT WHICH HAS BEEN SUSPENDED OR REVOKED, OR WHICH IS
REQUIRED TO BE RETURNED, SHALL BE SURRENDERED TO THE SECRETARY.
SEC. 4. (A) VESSEL OWNERS MAY APPLY FOR PERMITS TO ENGAGE IN FISHING
IN THE AREA OF AGREEMENT. THE METHOD AND TIME FOR APPLICATION SHALL BE
ANNOUNCED IN ADVANCE IN THE FEDERAL REGISTER.
(B) THE OWNER OF ANY VESSEL FOR WHICH APPLICATION FOR A PERMIT IS
REFUSED MAY PETITION THE SECRETARY FOR RECONSIDERATION, AND SHALL BE
ENTITLED TO A HEARING. THE DECISION OF THE SECRETARY RENDERED IN
CONNECTION WITH SUCH RECONSIDERATION SHALL BE FINAL AND BINDING.
(C) THE SECRETARY MAY REISSUE PERMITS WHICH HAVE BEEN RETURNED
PURSUANT TO SECTION 3, TO VESSEL OWNERS WITH OUTSTANDING APPLICATIONS,
WHO HAVE NOT BEEN ABLE TO OBTAIN PERMITS UNDER THE PROCEDURE SET OUT IN
SUBSECTION (D). THE FEE FOR SUCH REISSUED PERMITS SHALL BE THE PRORATED
SHARE OF THE ANNUAL FEE FOR THE PORTION OF THE YEAR DURING WHICH THE NEW
PERMITTEE HOLDS THE PERMIT. //ANTE, P. 1063.//
(D) IF APPLICATION IS MADE WITH RESPECT TO MORE VESSELS THAN THE
NUMBER OF PERMITS ALLOWED TO BE ISSUED UNDER SECTION 3 (A), THE
FOLLOWING PROCEDURE FOR GRANTING PERMITS SHALL APPLY:
(1) ALL VESSEL OWNERS TO WHOM LETTERS OF VOLUNTARY COMPLIANCE
HAVE BEEN ISSUED, PURSUANT TO SECTION 5 OF THIS ACT, SHALL HAVE
FIRST PRIORITY FOR PERMITS BUT ONLY AS TO VESSELS COVERED BY SUCH
LETTERS.
(2) AFTER ALL VESSEL OWNERS UNDER SUBPARAGRAPH (1) HAVE BEEN
CONSIDERED FOR PERMITS, ALL VESSEL OWNERS WHO HAVE BEEN ENGAGED IN
FISHING IN THE AREA OF AGREEMENT, DURING THE LAST FIVE YEARS,
SHALL HAVE SECOND PRIORITY FOR PERMITS. HOWEVER, IN NO EVENT
SHALL A VESSEL OWNER BE ALIGIBLE FOR RECEIVING A PERMIT UNDER THIS
SUBSECTION FOR A GIVEN VESSEL DURING THE FIRST SIX MONTHS AFTER
THE EFFECTIVE DATE OF THIS ACT IF THE SECRETARY DETERMINES THAT
SUCH VESSEL HAS ENGAGED IN ACTIVITIES DURING THE PERIOD FROM MAY
9, 1972, TO THE EFFECTIVE DATE OF THIS ACT WHICH WOULD HAVE
CONSTITUTED A VIOLATION SPECIFIED IN SECTION 8 (A) (3) OR 8 (A)
(5), BUT ONLY TO THE EXTENT I (A) (5) RELATES TO USE OF FISHING
GEAR AND THE CLOSURE OF THE AREA OF AGREEMENT TO FISHING, IF THE
ACT HAD BEEN IN EFFECT DURING SUCH PERIOD. IN THE EVENT OF ANY
SUCH DETERMINATION, THE VESSEL OWNER AFFECTED THEREBY SHALL BE
GIVEN NOTICE THEREOF AND AN OPPORTUNITY FOR A HEARING. THE
DECISION OF THE SECRETARY RENDERED IN CONNECTION WITH THE HEARING
SHALL BE FINAL AND BINDING.
(3) AFTER ALL VESSEL OWNERS UNDER SUBPARAGRAPHS (1) AND (2)
HAVE BEEN CONSIDERED FOR ISSUANCE OF A PERMIT, ALL OTHER VESSEL
OWNERS WHO HAVE MADE APPLICATION MAY BE CONSIDERED FOR PERMITS.
IF THE NUMBER OF VESSELS FOR WHICH APPLICATION IS MADE IN THE
CATEGORIES OUTLINED IN SUBPARAGRAPH (2) OR (3) IS MORE THAN THE NUMBER
OF PERMITS AVAILABLE AFTER HAVING ACCOUNTED FOR THE VESSELS IN THE
PREVIOUS CATEGORY (OR IN THE CASE OF SUBPARAGRAPH (1), IF THE NUMBER OF
VESSELS FOR WHICH APPLICATION IS MADE IN THAT CATEGORY IS MORE THAN THE
NUMBER OF PERMITS AVAILABLE PURSUANT TO THE TREATY), THEN THE NUMBER OF
PERMITS AVAILABLE SHALL BE PROPORTIONALLY DISTRIBUTED WITH THE
APPLICABLE CATEGORY, IN A MANNER PROVIDED IN THE REGULATIONS.
SEC. 5. THE SECRETARY SHALL ISSUE A LETTER OF VOLUNTARY COMPLIANCE
TO A VESSEL OWNER WHO HAS HAD VESSELS ENGAGED IN FISHING IN THE AREA OF
AGREEMENT AT ANY TIME SUBSEQUENT TO MAY 9, 1972, FOR ALL VESSELS OF SUCH
OWNER DOCUMENTED UNDER THE LAWS OF THE UNITED STATES WHICH MEET THE
REQUIREMENTS OF THE TREATY, AND FOR EACH OF WHICH THE VESSEL OWNER HAS
DEPOSITED AND CONTINUOUSLY MAINTAINED, UNTIL THE TRANSFER REFERRED TO IN
THE FOLLOWING SENTENCE, $700 IN A SPECIAL ACCOUNT IN A BANK OR TRUST
COMPANY INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION FOR THE
PURPOSE OF REIMBURSING THE UNITED STATES FOR ENFORCEMENT EXPENSES AS
PROVIDED IN ARTICLE 6 OF THE TREATY. ON OR BEFORE THE ISSUANCE OF A
LETTER OF VOLUNTARY COMPLIANCE THE DEPOSITED FUNDS REFERRED TO ABOVE
SHALL BE TRANSFERRED, IN THE MANNER PROVIDED FOR IN REGULATIONS, THROUGH
THE SECRETARY, TO THE OFFSHORE SHRIMP FISHERIES FUND, ESTABLISHED
PURSUANT TO SECTION 6 OF THIS ACT. //24 UST 923.//
SEC. 6. (A) THERE IS HEREBY ESTABLISHED ON THE BOOKS OF THE TREASURY
A SEPARATE FUND, THE OFFSHORE SHRIMP FISHERIES FUND, TO BE USED BY THE
SECRETARY TO MAKE PAYMENTS FOR ENFORCEMENT EXPENSES AS PROVIDED IN
ARTICLE VI OF THE TREATY. THE FUND SHALL BE CREDITED WITH PERMIT FEES
COLLECTED PURSUANT TO SECTION 3 FOR ENFORCEMENT EXPENSES, FUNDS
APPROPRIATED UNDER SECTION 12 (A), AMOUNTS TRANSFERRED THROUGH THE
SECRETARY FROM DEPOSITS IN THE SPECIAL ACCOUNTS REFERRED TO IN SECTION
5, AND AMOUNTS COLLECTED FOR MINIMUM PENALTIES PURSUANT TO SECTION 9.
//ANTE, P. 1063.//
(B) THE SECRETARY OF COMMERCE, THROUGH THE SECRETARY OF STATE, SHALL
PAY, OR CAUSE TO BE PAID, ON BEHALF OF THE UNITED STATES THE ENFORCEMENT
EXPENSES AS PROVIDED IN ARTICLE VI OF THE TREATY.
(C) IN THE EVENT THAT A VESSEL OWNER, MASTER, OR OTHER PERSON IN
CHARGE OF A VESSEL, PAYS ON BEHALF OF THE UNITED STATES THE UNUSUAL
ENFORCEMENT EXPENSES INCURRED IN CARRYING OUT THE SEIZURE AND DETENTION
OF A VESSEL, REFERRED TO IN ARTICLE VI OF THE TREATY, AND IS NOT
ASSESSED A CIVIL PENALTY UNDER SECTION 9 OF THIS ACT WITHIN TWO YEARS
FROM THE DATE OF SUCH SEIZURE IN RESPECT TO THE VIOLATION FOR WHICH THE
VESSEL WAS SEIZED, SUCH VESSEL OWNER, MASTER, OR OTHER PERSON SHALL BE
ENTITLED TO REIMBURSEMENT OF AMOUNTS SO PAID. APPLICATION FOR
REIMBURSEMENT SHALL BE MADE TO THE SECRETARY.
SEC. 7. (A) EACH MASTER OR OTHER PERSON IN CHARGE OF A VESSEL WHICH
IS THE SUBJECT OF A PERMIT UNDER THIS ACT SHALL KEEP A LOGBOOK IN THE
FORM AND MANNER PRESCRIBED PURSUANT TO THE TREATY AND SET FORTH IN
REGULATIONS.
(B) IN ADDITION TO THE LOGBOOK, OWNERS OF VESSELS WHICH HAVE PERMITS
UNDER THIS ACT SHALL SXPPLY TO THE SECRETARY, IN SUCH FORM AND AT SUCH
TIMES AS HE MAY PRESCRIBE, ANY OTHER INFORMATION NECESSARY IN ORDER TO
CARRY OUT THE PURPOSES AND OBJECTIVES OF THE TREATY, THE ACT OR THE
REGULATIONS, WHICH INFORMATION MAY INCLUDE DATA ON FISHING BEYOND THE
AREA OF AGREEMENT IN ORDER TO DETERMINE TO THE EXTENT POSSIBLE THE FULL
POTENTIAL OF THE SHRIMP FISHERY.
(C) EXCEPT AS OTHERWISE PROVIDED IN THE TREATY, INFORMATION OBTAINED
PURSUANT TO THIS ACT SHALL BE TREATED AS CONFIDENTIAL COMMERCIAL
INFORMATION PURSUANT TO SECTION 552 OF TITLE 5, UNITED STATES CODE.
//80 STAT. 383; 81 STAT. 54.//
(D) THE SECRETARY SHALL HAVE THE POWER TO REQUIRE BY SUBPENA THE
PRODUCTION OF ALL SUCH LOGBOOKS, RECORDS, OR OTHER INFORMATION REQUIRED
PURSUANT TO THIS SECTION. THE SECRETARY MAY DELEGATE THE POWER TO SIGN
SUBPOENAS AND TO RECEIVE DOCUMENTS.
(E) IN CASE OF CONTUMACY OR REFUSAL TO OBEY A SUBPENA ISSUED TO ANY
PERSON, CORPORATION, PARTNERSHIP, OR OTHER ENTITY, THE SECRETARY MAY
REQUEST THE ATTORNEY GENERAL TO INVOKE THE AID OF ANY DISTRICT COURT OF
THE UNITED STATES OR THE UNITED STATES COURTS OF ANY TERRITORY OR
POSSESSION WITHIN THE JURISDICTION OF WHICH SAID PERSON, CORPORATION,
PARTNERSHIP, OR OTHER ENTITY IS FOUND, RESIDES, OR TRANSACTS BUSINESS TO
SECURE COMPLIANCE.
SEC. 8. (A) NO MASTER OR OTHER PERSON IN CHARGE OF A VESSEL
DOCUMENTED UNDER THE LAWS OF THE UNITED STATES SHALL--
(1) ENGAGE IN FISHING IN THE AREA OF AGREEMENT, UNLESS THE
VESSEL IS THE SUBJECT OF A PERMIT IN FORCE PURSUANT TO THIS ACT;
(2) TRANSSHIP SHRIMP IN THE AREA OF AGREEMENT, UNLESS EACH
VESSEL ENGAGED IN THE TRANSSHIPMENT IS THE SUBJECT OF A PERMIT IN
FORCE PURSUANT TO THIS ACT, OR IS OTHERWISE AUTHORIZED TO FISH IN
THE AREA OF AGREEMENT PURSUANT TO THE TREATY;
(3) ASSAULT OR ATTEMPT TO PREVENT ANY DULY AUTHORIZED OFFICER
FROM BOARDING, SEARCHING, SEIZING OR DETAINING A VESSEL IN
ACCORDANCE WITH SUCH OFFICER'S DUTIES UNDER THE TREATY;
(4) ENGAGE IN FISHING IN THE AREA OF AGREEMENT CONTRARY TO
REGULATIONS ESTABLISHING A PROCEDURE FOR LIMITING THE NUMBER OF
VESSELS ALLOWED TO BE PRESENT IN THE AREA OF AGREEMENT AT ANY ONE
TIME TO ONE HUNDRED AND SIXTY OR SUCH OTHER NUMBER AS MAY BE
ALLOWED PURSUANT TO THE TREATY;
(5) ENGAGE IN FISHING IN THE AREA OF AGREEMENT IN CONTRAVENTION
OF ANNEX II, AS IT MAY BE MODIFIED FROM TIME TO TIME PURSUANT TO
ARTICLE II OF THE TREATY, OR ANY REGULATIONS ISSUED BY THE
SECRETARY TO IMPLEMENT SUCH ANNEX. //24 UST 923.//
(B) NO MASTER OR OTHER PERSON IN CHARGE OF A VESSEL DOCUMENTED UNDER
THE LAWS OF THE UNITED STATES SHALL--
(1) FAIL OR REFUSE TO KEEP OR PROVIDE ANY LOGBOOKS OR ANY OTHER
INFORMATION REQUIRED PURSUANT TO THIS ACT, OR PROVIDE OR FURNISH
FALSE LOGBOOKS OR OTHER INFORMATION;
(2) VIOLATE ANY OTHER PROVISION OF THE TREATY, THIS ACT, OR ANY
REGULATIONS PROMULGATED BY THE SECRETARY, THE VIOLATION OF WHICH
IS NOT COVERED BY SUBSECTION (A).
SEC. 9. (A) ANY MASTER OR OTHER PERSON IN CHARGE OF A VESSEL WHO
VIOLATES SECTION 8 HEREOF MAY BE ASSESSED A CIVIL PENALTY BY THE
SECRETARY, AFTER NOTICE AND OPPORTUNITY FOR A HEARING, OF NOT MORE THAN
$10,000 FOR A VIOLATION OF SECTION 8 (A) AND $3,000 FOR A VIOLATION OF
SECTION 8 (B). EXCEPT AS PROVIDED IN THIS SECTION, THE MINIMUM PENALTY
ASSESSED SHALL BE NOT LESS THAN AN AMOUNT SUFFICIENT TO COVER THE
UNUSUAL ENFORCEMENT EXPENSES, IF ANY, INCURRED BY THE UNITED STATES
PURSUANT TO ARTICLE VI OF THE TREATY IN CONNECTION WITH SUCH VIOLATION:
PROVIDED, THAT IF THE PERSON AGAINST WHOM THE PENALTY HAS BEEN ASSESSED
HAS PAID ON BEHALF OF THE UNITED STATES SUCH UNUSUAL ENFORCEMENT
EXPENSES, THE MINIMUM PENALTY REQUIREMENT SHALL NOT APPLY. THE AMOUNT OF
ANY SUCH MINIMUM CIVIL PENALTY ASSESSED SHALL BE DEPOSITED DIRECTLY INTO
THE OFFSHORE SHRIMP FISHERIES FUND. THE AMOUNT OF ANY SUCH CIVIL
PENALTY OVER THE MINIMUM PENALTY MAY BE COMPROMISED BY THE SECRETARY.
(B) THE SECRETARY SHALL NOTIFY ANY VESSEL OWNER INVOLVED IN A
VIOLATION OF SECTION 8 OF THE OUTCOME OF ANY PROCEEDING UNDER SUBSECTION
(A) ABOVE.
(C) THE SECRETARY, AFTER NOTICE AND OPPORTUNITY FOR HEARING, MAY
ASSESS AGAINST A VESSEL OWNER A CIVIL PENALTY EQUAL TO THE VALUE OF THE
CATCH ON BOARD THE VESSEL WHEN DETAINED AND THE VALUE OF THE GEAR
INVOLVED IN A VIOLATION OF SECTION 8 (A) (1), OR INVOLVED IN A SECOND OR
SUBSEQUENT VIOLATION OF ANY OTHER PROVISION OF SECTION 8 (A) BY A PERSON
AGAINST WHOM A PENALTY HAD PREVIOUSLY BEEN ASSESSED UNDER SECTION 9 (A)
FOR A VIOLATION INVOLVING THE OPERATION OF A VESSEL OWNED BY THE SAME
PERSON AS THE VESSEL INVOLVED IN SUCH SECOND OR SUBSEQUENT VIOLATION.
THE AMOUNT OF ANY SUCH PENALTY SHALL BE DEPOSITED AS MISCELLANEOUS
RECEIPTS INTO THE GENERAL FUND OF THE TREASURY.
(D) UPON FAILURE OF THE PARTY PENALIZED AS PROVIDED IN THIS SECTION
TO PAY THE PENALTY WITHIN THIRTY DAYS OF THE ASSESSMENT THEREOF, THE
SECRETARY MAY REQUEST THE ATTORNEY GENERAL TO COMMENCE ACTION IN THE
FEDERAL DISTRICT COURT HAVING JURISDICTION OVER THE PARTY FOR SUCH
RELIEF AS MAY BE APPROPRIATE. IN ANY SUCH ACTION FOR RELIEF, THE
SECRETARY'S PENALTY ASSESSMENT SHALL BE FINAL AND UNREVIEWABLE UNLESS
THE PENALIZED PARTY HAS OTHERWISE SOUGHT JUDICIAL REVIEW THEREOF.
(E) IN ANY HEARING HELD BY THE SECRETARY IN CONNECTION WITH THE
ASSESSMENT OF A CIVIL PENALTY HEREUNDER, THE VESSEL OWNER, THE MASTER OR
ANY OTHER PERSON AGAINST WHOM A PENALTY MAY BE ASSESSED MAY APPEAR IN
PERSON OR BY COUNSEL AT SUCH HEARING OR IN LIEU OF A PERSONAL APPEARANCE
MAY SUBMIT SUCH AFFIDAVITS OR DEPOSITIONS AS HE DEEMS NECESSARY TO THE
DEFENSE OF ANY CHARGES WHICH MAY BE CONSIDERED BY THE SECRETARY AT SUCH
HEARING.
SEC. 10. (A) THIS ACT SHALL BE ENFORCED JOINTLY BY THE SECRETARY,
THE SECRETARY OF THE DEPARTMENT IN WHICH THE COAST GUARD IS OPERATING,
AND THE SECRETARY OF THE TREASURY.
(B) ANY DULY AUTHORIZED LAW ENFORCEMENT OFFICER OF THE GOVERNMENT OF
BRAZIL WHO IS EXERCISING RESPONSIBILITY UNDER ARTICLE V OF THE TREATY
SHALL BE IMPOWERED TO ACT ON BEHALF OF THE UNITED STATES TO ENFORCE THE
PROVISIONS OF THE TREATY IN THE AREA OF AGREEMENT AS FOLLOWS: ANY SUCH
OFFICER MAY BOARD AND SEARCH ANY VESSEL WHICH HE HAS REASONABLE CAUSE TO
BELIEVE HAS VIOLATED ANY PROVISIONS OF THE TREATY. IF AFTER BOARDING AND
SEARCHING SUCH VESSEL THE OFFICER CONTINUES TO HAVE REASONABLE CAUSE TO
BELIEVE THAT A VIOLATION HAS BEEN COMMITTED, HE MAY SEIZE AND DETAIN THE
VESSEL FOR THE SOLE PURPOSE OF DELIVERING IT, AS SOON AS PRACTICABLE, TO
AN AGENT OF THE UNITED STATES GOVERNMENT AT THE NEAREST PORT TO THE
PLACE OF SEIZURE OR ANY OTHER PLACE WHICH IS MUTUALLY AGREED UPON BY THE
GOVERNMENT OF BRAZIL AND THE SECRETARY OF STATE. //24 UST 923.//
SEC. 11. IN ADDITION TO ANY SPECIFIC AUTHORITY CONTAINED IN THIS
ACT, THE SECRETARY IS AUTHORIZED TO ISSUE ALL REGULATIONS NECESSARY TO
CARRY OUT THE PURPOSES AND OBJECTIVES OF THE TREATY AND THIS ACT. PRIOR
TO THE ISSUANCE OF ANY REGULATIONS DEALING WITH THE MARKING OF VESSELS
OR WITH THE USE OF RADIOTELEPHONE FREQUENCIES, THE SECRETARY SHALL
CONSULT WITH THE SECRETARY OF THE DEPARTMENT IN WHICH THE COAST GUARD IS
OPERATING.
SEC. 12. (A) THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED SUCH
AMOUNTS AS ARE NECESSARY FOR ENFORCEMENT EXPENSES PURSUANT TO ARTICLE VI
OF THE TREATY, TO BE DEPOSITED IN THE OFFSHORE SHRIMP FISHERIES FUND.
//24 UST 923.//
(B) THERE IS ALSO HEREBY AUTHORIZED TO BE APPROPRIATED SUCH AMOUNTS
AS ARE NECESSARY FOR DOMESTIC ENFORCEMENT EXPENSES AND THE EXPENSES OF
ADMINISTERING THE PROVISIONS OF THE TREATY, THIS ACT, AND THE
REGULATIONS, TO BE AVAILABLE UNTIL EXPENDED, WHEN SO PROVIDED IN
APPROPRIATION ACTS. SO MUCH OF THE PERMIT FEES AS ARE IDENTIFIED FOR
ADMINISTRATIVE COSTS SHALL BE DEPOSITED AS MISCELLANEOUS RECEIPTS TO THE
GENERAL FUND OF THE TREASURY.
SEC. 13. THE PROVISIONS OF THIS ACT, EXCEPT SECTION 15, SHALL EXPIRE
JUNE 15, 1975.
SEC. 14. THE PROVISIONS OF THIS ACT SHALL BE SEVERABLE AND IF ANY
PART OF THE ACT IS DECLARED UNCONSTITUTIONAL OR THE APPLICABILITY
THEREOF IS HELD INVALID, THE CONSTITUTIONALITY OF THE REMAINDER AND THE
APPLICABILITY THEREOF SHALL NOT BE AFFECTED THEREBY.
SEC. 15. SUBSECTIONS (A) AND (B) OF SECTION 5 OF THE ACT OF MAY 20,
1964 (78 STAT. 196), ARE AMENDED TO READ AS FOLLOWS: //16 USC 1085.//
"(A) AS USED IN THIS ACT, THE TERM 'CONTINENTAL SHELF FISHERY
RESOURCE' MEANS LIVING ORGANISMS BELONGING TO SEDENTARY SPECIES; THAT
IS TO SAY, ORGANISMS, WHICH AT THE HARVESTABLE STAGE, EITHER ARE
IMMOBILE ON OR UNDER THE SEABED OR ARE UNABLE TO MOVE EXCEPT IN CONSTANT
PHYSICAL CONTACT WITH THE SEABED OR THE SUBSOIL OF THE CONTINENTAL
SHELF, INCLUDING THE FOLLOWING SPECIES:
"TANNER CRAB--CHIONOECETES TANNERI; "TANNER CRAB--CHIONOECETES
OPILIP; "TANNER CRAB--CHIONOECETES ANGULATUS; "TANNER CRAB--
CHIONOECETES BAIRDI; "KING CRAB--PARALITHODES CAMTSCHATICA;
"KING CRAB--PARALITHODES PLATYPUS; "KING CRAB--PARALITHODES
BREVIPES; "STONE CRAB--MENIPPE MERCENARIA; "LOBSTER--HOMARUS
AMERICANUS; "DUNGENESS CRAB--CANCER MAGISTER; "CALIFORNIA KING
CRAB--PARALITHODES CALIFORNIENSIS; "GOLDEN KING CRAB--LITHODES
AEQUISPINUS; "NORTHERN STONE CRAB--LITHODES MAIA; "STONE CRAB--
MENIPPE MERCENARIA; AND "DEEP-SEA RED CRAB--CERYON QUINQUEDENS.
"RED ABALONE--HALIOTIS REFESCENS; "PINK ABALONE--HALIOTIS
CORRUGATE; "JAPANESE ABALONE--HALIOTIS KAMTSCHATKANA; "QUEEN
CONCH--STROMBUS GIGAS; "SURF CLAM--SPISULA SOLIDISSIMA; AND
"OCEAN QUAHOG--ARTICA ISLANDICA.
"GLOVE SPONGE--HIPPIOSPONGIA CANALICULATA; "SHEEPSWOOL SPONGS--
HIPPIOSPONGIA LACHNE; "GRASS SPONGE--SPONGIA GRAMINEA; "YELLOW
SPONGE--SPONGIA BARBERA.
"(B) THE SECRETARY OF COMMERCE, IN CONSULTATION WITH THE SECRETARY OF
STATE, IS AUTHORIZED TO PUBLISH IN THE FEDERAL REGISTER ADDITIONAL
SPECIES OF LIVING ORGANISMS COVERED BY THE PROVISIONS OF SUBSECTION (A)
OF THIS SECTION." //PUBLICATION IN FEDERAL REGISTER.//
APPROVED JANUARY 2, 1974.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 687 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 633 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 4, CONSIDERED AND PASSED HOUSE. DEC. 18, CONSIDERED AND
PASSED SENATE, MENDED. AMDEC. 20, HOUSE CONCURRED IN SENATE
AMENDMENTS.
PUBLIC LAW 93-241; 87 STAT. 1057
TO AMEND THE ACT OF MARCH 16, 1926 (RELATING TO THF BOARD OF
PUBLIC WELFARE IN THE DISTRICT OF COLUMBIA), TO PROVIDE FOR AN
IMPROVED SYSTEM OF ADOPTION OF CHILDREN IN THE DISTRICT OF
COLUMBIA, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) (1) SECTION 11
OF THE ACT ENTITLED "AN ACT TO ESTABLISH A BOARD OF PUBLIC WELFARE IN
AND FOR THE DISTRICT OF COLUMBIA, TO DETERMINE ITS FUNCTIONS, AND FOR
OTHER PURPOSES", APPROVED MARCH 16, 1926 (D. C. CODE, SEC. 3 - 114), IS
AMENDED TO READ AS FOLLOWS: //44 STAT. 210.//
"SEC. 11. THE COMMISSIONER OF THE DISTRICT OF COLUMBIA (HEREINAFTER
REFERRED TO AS THE 'COMMISSIONER') MAY-- //87 STAT. 1058//
"(1) MAKE TEMPORARY PROVISION FOR THE CARE OF CHILDREN PENDING
INVESTIGATION OF THEIR STATUS;
"(2) HAVE THE CARE AND LEGAL GUARDIANSHIP, INCLUDING THE POWER
TO CONSENT TO OR ARRANGE FOR ADOPTION IN APPROPRIATE CASES, OF--
"(A) CHILDREN WHO MAY BE COMMITTED TO THE COMMISSIONER AS WARDS
OF THE DISTRICT OF COLUMBIA BY COURTS OF COMPETENT JURISDICTION;
AND
"(B) CHILDREN WHO ARE RELINQUISHED BY THEIR PARENTS TO THE
COMMISSIONER OR WHOSE RELINQUISHMENT IS TRANSFERRED TO THE
COMMISSIONER BY A LICENSED CHILD-PLACING AGENCY UNDER SECTION 6 OF
THE ACT ENTITLED 'AN ACT TO REGULATE THE PLACING OF CHILDREN IN
FAMILY HOMES, AND FOR OTHER PURPOSES', APPROVED APRIL 22, 1944 (D.
C. CODE, SEC. 32 - 786); AND
"(3) MAKE SUCH PROVISION FOR THE CARE AND MAINTENANCE OF SUCH
CHILDREN IN PRIVATE HOMES, UNDER CONTRACT, INCLUDING ADOPTION
SUBSIDY PURSUANT TO SECTION 3 OF THE ACT OF JULY 26, 1892 (D. C.
CODE, SEC. 3 - 115), OR IN PUBLIC OR PRIVATE INSTITUTIONS, AS THE
WELFARE OF SUCH CHILDREN MAY REQUIRE; //58 STAT. 194; 84 STAT.
578. 27 STAT. 269.// AND
"(4) PROVIDE CARE AND MAINTENANCE FOR SUBSTANTIALLY RETARDED
CHILDREN WHO MAY BE RECEIVED UPON APPLICATION OR UPON COURT
COMMITMENT, IN INSTITUTIONS OR HOMES OR OTHER FACILITIES EQUIPPED
TO RECEIVE THE, WITHIN OR WITHOUT THE DISTRICT OF COLUMBIA.
THE COMMISSIONER SHALL CAUSE THE WARDS OF THE DISTRICT OF COLUMBIA
PLACED OUT UNDER TEMPORARY CARE TO BE VISITED AS OFTEN AS MAY BE
REQUIRED TO SAFEGUARD THEIR WELFARE.
(2) SECTION 3 OF THE ACT OF JULY 26, 1892 (D. C. CODE, SEC. 3 - 115),
IS AMENDED TO READ AS FOLLOWS:
"SEC. 3. (A) EXCEPT AS PROVIDED IN SUBSECTION (F), THE COMMISSIONER
MAY CONCLUDE ARRANGEMENTS WITH PERSONS OR INSTITUTIONS AT SUCH RATES AS
MAY BE AGREED UPON. //POST, P. 1059.//
"(B) (1) THE COMMISSIONER MAY MAKE ADOPTION SUBSIDY PAYMENTS TO AN
ADOPTIVE FAMILY (IRRESPECTIVE OF THE STATE OF RESIDENCE OF THE FAMILY),
AS NEEDED, ON BEHALF OF A CHILD WITH SPECIAL NEEDS, WHERE SUCH CHILD
WOULD IN ALL LIKELIHOOD GO WITHOUT ADOPTION EXCEPT FOR THE ACCEPTANCE OF
THE CHILD AS A MEMBER OF THE ADOPTIVE FAMILY, AND WHERE THE ADOPTIVE
FAMILY HAS THE CAPABILITY OF PROVIDING THE PERMANENT FAMILY
RELATIONSHIPS NEEDED BY SUCH CHILD IN ALL AREAS EXCEPT FINANCIAL, AS
DETERMINED BY THE COMMISSIONER. SUBSIDY PAYMENTS MAY BE MADE UNDER THIS
SECTION ONLY PURSUANT TO A SUBSIDY PAYMENT AGREEMENT ENTERED INTO BY THE
COMMISSIONER AND THE ADOPTIVE PARENTS CONCERNED PRIOR TO COMPLETION OF
THE ADOPTIVE PROCESS, BUT SUBSIDY PAYMENTS MAY BE MADE BEFORE SUCH
ADOPTION BECOMES FINAL.
"(2) FOR THE PURPOSES OF THIS SUBSECTION--
"(A) THE TERM 'CHILD WITH SPECIAL NEEDS' INCLUDES ANY CHILD WHO
IS DIFFICULT TO PLACE IN ADOPTION BECAUSE OF AGE, RACE, OR ETHNIC
BACKGROUND, PHYSICAL OR MENTAL CONDITION, OR MEMBERSHIP IN A
SIBLING GROUP WHICH SHOULD BE PLACED TOGETHER. A CHILD FOR WHOM
AN ADOPTIVE PLACEMENT HAS NOT BEEN MADE WITHIN SIX MONTHS AFTER HE
IS LEGALLY AVAILABLE FOR ADOPTIVE PLACEMENT SHALL BE CONSIDERED A
CHILD WITH SPECIAL NEEDS WITHIN THE MEANING OF THIS SECTION.
"(B) THE TERM 'ADOPTIVE FAMILY' INCLUDES SINGLE PERSONS.
"(C) ANY PUBLIC AGENCY OR LICENSED CHILD-PLACING AGENCY, HAVING A
CHILD WITH SPECIAL NEEDS IN FOSTER CARE OR INSTITUTIONAL CARE, OR ANY
FOSTER PARENT HAVING SUCH A CHILD IN HIS HOME MAY RECOMMEND TO THE
COMMISSIONER A SUBSIDY FOR THE ADOPTION OF SUCH CHILD, AND MAY INCLUDE
IN THE RECOMMENDATION ADVICE AS TO THE APPROPRIATE LEVEL OF PAYMENTS AND
ANY OTHER INFORMATION LIKELY TO ASSIST THE COMMISSIONER IN CARRYING OUT
THE PROVISIONS OF THIS SECTION. THE COMMISSIONER SHALL MAKE THE
DETERMINATION AS TO WHETHER OR NOT AN APPROPRIATE ADOPTIVE HOME EXISTS
FOR THE CHILD, BUT IN SO DOING THE COMMISSIONER SHALL REFER TO THE
RECOMMENDATIONS OF THE REFERRING AGENCY. IF THE COMMISSIONER CONCLUDES
THAT THE CHILD REFERRED IS A CHILD WITH SPECIAL NEEDS WITHIN THE MEANING
OF THIS SECTION, AND THAT AN APPROPRIATE ADOPTIVE HOME EXISTS FOR THE
CHILD, THE COMMISSIONER IS AUTHORIZED TO ENTER INTO A TENTATIVE ADOPTION
SUBSIDY AGREEMENT WITH THE PROSPECTIVE ADOPTIVE FAMILY, AND UPON
ENTERING INTO SUCH AN AGREEMENT, THE COMMISSIONER MAY ACCEPT A TRANSFER
OF RELINQUISHMENT OF PARENTAL RIGHTS FROM THE REFERRING AGENCY PURSUANT
TO SECTION 6 OF THE ACT ENTITLED 'AN ACT TO REGULATE THE PLACING OF
CHILDREN IN FAMILY HOMES, AND FOR OTHER PURPOSES', APPROVED APRIL 22,
1944 (D. C. CODE, SEC. 32 - 786).
"(D) IF A CHILD IN THE CUSTODY OF THE COMMISSIONER OR A LICENSED
CHILD-PLACING AGENCY HAS BEEN IN FOSTER CARE OR INSTITUTIONAL CARE FOR
AT LEAST SIX MONTHS AFTER THE CHILD IS CONSIDERED LEGALLY AVAILABLE FOR
ADOPTIVE PLACEMENT, //58 STAT. 194; 84 STAT. 578.// THE COMMISS'ONER OR
AGENCY SHALL INFORM THE FAMILY OR INSTITUTION PROVIDING CARE OF THE
POSSIBILITY OF FINANCIAL AID FOR ADOPTION UNDER THIS SECTION. IF THE
FAMILY CARING FOR THE PROSPECTIVE ADOPTEE APPLIES TO THE COMMISSIONER
FOR ADOPTION OF THE CHILD, AND IF IT APPEARS TO THE COMMISSIONER AFTER
STUDY THAT THE FAMILY WOULD BE AN APPROPRIATE ADOPTIVE FAMILY FOR THE
CHILD BUT FOR THE FAMILY'S ECONOMIC INABILITY TO MEET THE CHILD'S NEEDS,
THE COMMISSIONER SHALL ENTER INTO A TENTATIVE AGREEMENT WITH THE FAMILY
CONCERNING THE AMOUNT AND DURATION OF A PROPOSED SUBSIDY IN THE EVENT
THE CHILD IS PLACED FOR ADOPTION WITH THAT FAMILY. THEREAFTER THE
COMMISSIONER MAY ACCEPT A TRANSFER OF RELINQUISHMENT OF PRRENTAL RIGHTS
FROM THE REFERRING AGENCY IN APPROPRIATE CASES. THE COMMISSIONER SHALL
IN ALL CASES TAKE ALL STEPS NECESSARY TO ASSIST THE FAMILY IN COMPLETING
THE LEGAL AND PROCEDURAL REQUIREMENTS NECESSARY TO EFFECTUATE THE
ADOPTION, INCLUDING PAYMENT FOR LEGAL FEES AND COURT COSTS.
"(E) THE AMOUNT AND DURATION OF ADOPTION SUBSIDY PAYMENTS MAY VARY
ACCORDING TO THE SPECIAL NEEDS OF THE CHILD, AND MAY INCLUDE MAINTENANCE
COSTS, MEDICAL, DENTAL, AND SURGICAL EXPENSES, PSYCHIATRIC AND
PSYCHOLOGICAL EXPENSES, AND OTHER COSTS NECESSARY FOR HIS CARE AND WELL
BEING. A SUBSIDY MAY BE PAID ON A LONG-TERM BASIS TO HELP A FAMILY
WHOSE INCOME IS LIMITED AND IS LIKELY TO REMAIN SO; ON A TIME-LIMITED
BASIS TO HELP A FAMILY MEET THE COST OF INTEGRATING A CHILD INTO THE
FAMILY OVER A SPECIFIED PERIOD OF TIME; OR ON A SPECIAL SERVICES BASIS
TO HELP A FAMILY MEET A SPECIFIC ANTICIPATED EXPENSE OR EXPENSES WHEN NO
OTHER RESOURCE APPEARS TO BE AVAILABLE. ELIGIBILITY FOR PAYMENTS SHALL
CONTINUE UNTIL THE CHILD REACHES EIGHTEEN YEARS OF AGE.
"(F) THE COMMISSIONER IS AUTHORIZED TO MAKE PAYMENTS UNDER THIS
SECTION FROM APPROPRIATIONS FOR THE CARE OF CHILDREN IN FOSTER HOMES AND
INSTITUTIONS, AND TO SEEK AND ACCEPT FUNDS FROM OTHER SOURCES INCLUDING
FEDERAL, PRIVATE, AND OTHER PUBLIC FUNDING SOURCES, TO CARRY OUT THE
PURPOSES OF THIS SECTION. THE AMOUNT EXPENDED BY THE COMMISSIONER FOR
ANY SUBSIDY MAY NOT EXCEED THE HIGHEST AMOUNT THE COMMISSIONER WOULD BE
AUTHORIZED TO SPEND IN PROVIDING OR SECURING SUPPORT AND SPECIAL
SERVICES FOR THE CHILD IF THE CHILD WERE IN THE LEGAL CUSTODY OF THE
COMMISSIONER. THERE ARE AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS ARE
NECESSARY TO CARRY OUT THE PURPOSES OF THIS SECTION.
"(G) NO ADOPTION SUBSIDY PAYMENT SHALL BE MADE ON BEHALF OF ANY CHILD
WITH REPSECT TO WHOM AN ADOPTION DECREE HAS BEEN ENTERED BY THE SUPERIOR
COURT OF THE DISTRICT OF COLUMBIA, PURSUANT TO CHAPTER 3 OF TITLE 16 OF
THE DISTRICT OF COLUMBIA CODE, PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION. //D. C. CODE 16 - 301.//
"(H) ONCE DURING EACH CALENDAR YEAR THE COMMISSIONER SHALL REVIEW THE
NEED FOR CONTINUING EACH FAMILY'S SUBSIDY. AT THE TIME OF SUCH REVIEW
AND AT OTHER TIMES DURING THE YEAR WHEN CHANGED CONDITIONS, INCLUDING
VARIATIONS IN MEDICAL OPINIONS, PROGNOSIS, AND COSTS ARE DEEMED BY THE
COMMISSIONER TO WARRANT SUCH ACTION, APPROPRIATE ADJUSTMENTS IN PAYMENTS
SHALL BE MADE BASED UPON CHANGES IN THE NEEDS OF THE CHILD. ANY PARENT
WHO IS A PARTY TO A SUBSIDY AGREEMENT MAY AT ANY TIME IN WRITING
REQUEST, FOR REASONS SET FORTH IN THE REQUEST, A REVIEW OF THE AMOUNT OF
ANY PAYMENT OR THE LEVEL OF CONTINUING PAYMENTS. SUCH REVIEW SHALL BE
BEGUN NOT LATER THAN THIRTY DAYS FROM THE RECEIPT OF THE REQUEST. ANY
ADJUSTMENT MAY BE MADE RETROACTIVE TO THE DATE THE REQUEST WAS RECEIVED
BY THE COMMISSIONER. IF THE REQUEST IS NOT ACTED ON WITHIN THIRTY DAYS
AFTER IT HAS BEEN RECEIVED BY THE COMMISSIONER, OR IF THE COMMISSIONER
MODIFIES OR TERMINATES AN AGREEMENT WITHOUT THE CONCURRENCE OF ALL
PARTIES, ANY PARTY TO THE AGREEMENT SHALL BE ENTITLED TO A HEARING UNDER
THE APPLICABLE PROVISIONS OF THE DISTRICT OF COLUMBIA ADMINISTRATIVE
PROCEDURE ACT (D. C. CODE, SECS. 1 - 1501 -- 1 - 1510). //82 STAT.
1204; 84 STAT. 582.//
"(I) THE COMMISSIONER SHALL KEEP SUCH RECORDS AS ARE NECESSARY TO
EVALUATE THE EFFECTIVENESS OF ADOPTION SUBSIDY AS A MEANS OF ENCOURAGING
AND PROMOTING THE ADOPTION OF CHILDREN WITH SPECIAL NEEDS. THE
COMMISSIONER SHALL MAKE AN ANNUAL PROGRESS REPORT WHICH SHALL BE OPEN TO
PUBLIC INSPECTION. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO--
"(1) THE NUMBER OF CHILDREN PLACED IN ADOPTIVE HOMES UNDER
SUBSIDY AGREEMENTS DURING THE YEAR PRECEDING THE ANNUAL REPORT AND
THE MAJOR CHARACTERISTICS OF THE CHILDREN PLACED; AND
"(2) THE NUMBER OF CHILDREN CURRENTLY IN FOSTER CARE WITH THE
COMMISSIONER FOR SIX MONTHS OR MORE, AND THE LEGAL STATUS OF THOSE
CHILDREN.
THE COMMISSIONER SHALL DISSEMINATE INFORMATION TO PROSPECTIVE ADOPTIVE
FAMILIES AS TO THE AVAILABILITY OF ADOPTABLE CHILDREN AND OF THE
EXISTENCE OF AID TO FAMILIES WHO QUALIFY FOR A SUBSIDY UNDER THIS
SECTION.
"(J) ALL RULES AND REGULATIONS ADOPTED BY THE COMMISSIONER PURSUANT
TO THIS ACT SHALL BE PUBLISHED IN THE DISTRICT OF COLUMBIA REGISTER AS
REQUIRED BY SECTION 6 OF THE DISTRICT OF COLUMBIA ADMINISTRATIVE
PROCEDURE ACT (D. C. CODE, SEC. 1 - 1505).". //82 STAT. 1206.//
(B) SECTION 5 OF THE ACT OF JULY 26, 1892 (D. C. CODE, SEC. 3 - 117),
IS AMENDED TO READ AS FOLLOWS: //27 STAT. 269; 55 STAT. 883.//
"SEC. 5. THE COMMISSIONER MAY--
"(1) ACCEPT FOR CARE, CUSTODY, AND GUARDIANSHIP DEPENDENT OR
NEGLECTED CHILDREN WHOSE CUSTODY OR PARENTAL CONTROL HAS BEEN
TRANSFERRED TO THE COMMISSIONER, AND TO PROVIDE FOR THE CARE AND
SUPPORT OF SUCH CHILDREN DURING THEIR MINORITY OR DURING THE TERM
OF THEIR COMMITMENT, INCLUDING THE INITIATION OF ADOPTION
PROCEEDINGS AND THE PROVISION OF SUBSIDY IN APPROPRIATE CASES
UNDER SECTION 3 OF THIS ACT (D. C. CODE, SEC. 3 - 115); //27
STAT. 269.//
"(2) WITH RESPECT TO ALL CHILDREN ACCEPTED BY HIM FOR CARE,
PLACE THEM IN PRIVATE FAMILIES EITHER WITHOUT EXPENSE OR WITH
REIMBURSEMENT FOR THE COST OF CARE, OR IN APPROPRIATE CASES TO
PLACE THEM IN PRIVATE FAMILIES UNDER AN ADOPTION SUBSIDY AGREEMENT
CONCLUDED UNDER SECTION 3 OF THIS ACT (D. C. CODE, SEC. 3 - 115)
OR TO PLACE THEM IN INSTITUTIONS WILLING TO RECEIVE THEM EITHER
WITHOUT EXPENSE OR WITH REIMBURSEMENT FOR THE COST OF CARE; //27
STAT. 269.// AND
"(3) CONSENT TO, ARRANGE FOR OR INITIATE COURT PROCEEDINGS FOR
THE ADOPTION OF ALL CHILDREN COMMITTED TO THE CARE OF THE
COMMISSIONER WHOSE PARENTS HAVE BEEN PERMANENTLY DEPRIVED OF
CUSTODY BY COURT ORDER, OR WHOSE PARENTS HAVE RELINQUISHED A CHILD
TO THE COMMISSIONER OR TO A LICENSED CHILD-PLACING AGENCY WHICH
HAS TRANSFERRED THE RELINQUISHMENT TO THE COMMISSIONER UNDER
SECTION 6 OF THE ACT ENTITLED 'AN ACT TO REGULATE THE PLACING OF
CHILDREN IN FAMILY HOMES, AND FOR OTHER PURPOSES', APPROVED APRIL
22, 1944 (D. C. CODE, SEC. 32 - 786).". //58 STAT. 194; 84 STAT.
578.//
SEC. 2. (A) SECTION 307 (B) (1) (D) OF TITLE 16 OF THE DISTRICT OF
COLUMBIA CODE IS AMENDED BY INSERTING IMMEDIATELY AFTER "SHOULD HAVE
KNOWLEDGE" THE FOLLOWING: ", INCLUDING THE EXISTENCE AND TERMS OF A
TENTATIVE ADOPTION SUBSIDY AGREEMENT ENTERED INTO PRIOR TO THE FILING OF
THE ADOPTION PETITION UNDER SECTION 3 OF THE ACT OF JULY 26, 1892 (D. C.
CODE, SEC. 3 - 115)". //77 STAT. 539.//
(B) SECTION 309 (B) OF TITLE 16 OF THE DISTRICT OF COLUMBIA CODE IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCE: "IN
DETERMINING WHETHER THE PETITIONER WILL BE ABLE TO GIVE THE PROSEPCTIVE
ADOPTEE A PROPER HOME AND EDUCATION, THE COURT SHALL GIVE DUE
CONSIDERATION TO ANY ASSURANCE BY THE COMMISSIONER THAT HE WILL PROVIDE
OR CONTRIBUTE FUNDS FOR THE NECESSARY MAINTENANCE OR MEDICAL CARE OF THE
PROSPECTIVE ADOPTEE UNDER AN ADOPTION SUBSIDY AGREEMENT UNDER SECTION 3
OF THE ACT OF JULY 26, 1892 (D. C. CODE, SEC. 3 - 115).". //77 STAT.
540.//
SEC. 3. THE AMENDMENTS MADE BY THIS ACT SHALL TAKE EFFECT AT THE END
OF THE NINETY-DAY PERIOD BEGINNING ON THE DATE OF ENACTMENT OF THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 657 (COMM. ON THE DISTRICT OF COLUMBIA).
SENATE REPORT NO. 93 - 651 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 26, CONSIDERED AND PASSED HOUSE. DEC. 20, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-240; 87 STAT. 1049, FOREIGN ASSISTANCE AND RELATED
PROGRAMS APPROPRIATION ACT OF 1974
MAKING APPROPRIATIONS FOR FOREIGN ASSISTANCE AND RELATED
PROGRAMS FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND FOR OTHER
PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FOLLOWING SUMS
ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE
APPROPRIATED, FOR FOREIGN ASSISTANCE AND RELATED PROGRAMS FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, AND FOR OTHER PURPOSES, NAMELY:
FOR EXPENSES NECESSARY TO ENABLE THE PRESIDENT TO CARRY OUT THE
PROVISIONS OF THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED, AND FOR
OTHER PURPOSES, TO REMAIN AVAILABLE UNTIL JUNE 30, 1974, UNLESS
OTHERWISE SPECIFIED HEREIN, AS FOLLOWS: //75 STAT. 424, 719. 22 USC
2151 NOTE.//
FOOD AND NUTRITION, DEVELOPMENT ASSISTANCE: FOR NECESSARY EXPENSES
TO CARRY OUT THE PROVISIONS OF SECTION 103, $284,000,000: PROVIDED,
THAT IN ADDITION TO THE AMOUNTS PROVIDED FOR LOANS TO CARRY OUT THE
PURPOSES OF THIS PARAGRAPH, SUCH AMOUNTS AS ARE PROVIDED FOR UNDER
SECTION 203 SHALL ALSO BE AVAILABLE FOR LOANS, TOGETHER WITH ALL SUCH
AMOUNTS TO REMAIN AVAILABLE UNTIL EXPENDED. //ANTE, P. 715. ANTE, P.
717.//
POPULATION PLANNING AND HEALTH, DEVELOPMENT ASSISTANCE: FOR
NECESSARY EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION 104,
$135,000,000: PROVIDED, THAT IN ADDITION TO THE AMOUNTS PROVIDED FOR
LOANS TO CARRY OUT THE PURPOSES OF THIS PARAGRAPH, SUCH AMOUNTS AS ARE
PROVIDED FOR UNDER SECTION 203 SHALL ALSO BE AVAILABLE FOR LOANS,
TOGETHER ALL SUCH AMOUNTS TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED
FURTHER, THAT NOT MORE THAN $112,500,000 APPROPRIATED OR MADE AVAILABLE
UNDER THIS ACT SHALL BE USED FOR THE PURPOSES OF SECTION 291 DURING THE
CURRENT FISCAL YEAR. //81 STAT. 452. 22 USC 2219.//
EDUCATION AND HUMAN RESOURCES DEVELOPMENT, DEVELOPMENT ASSISTANCE:
FOR NECESSARY EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION 105,
$89,000,000: PROVIDED, THAT IN ADDITION TO THE AMOUNTS PROVIDED FOR
LOANS TO CARRY OUT THE PURPOSES OF THIS PARAGRAPH, SUCH AMOUNTS AS ARE
PROVIDED FOR UNDER SECTION 203 SHALL ALSO BE AVAILABLE FOR LOANS,
TOGETHER ALL SUCH AMOUNTS TO REMAIN AVAILABLE UNTIL EXPENDED.
SELECTED DEVELOPMENT PROBLEMS, DEVELOPMENT ASSISTANCE: FOR NECESSARY
EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION 106, $40,500,000:
PROVIDED, THAT IN ADDITION TO THE AMOUNTS PROVIDED FOR LOANS TO CARRY
OUT THE PURPOSES OF THIS PARAGRAPH, SUCH AMOUNTS AS ARE PROVIDED FOR
UNDER SECTION 203 SHALL ALSO BE AVAILABLE FOR LOANS, TOGETHER ALL SUCH
AMOUNTS TO REMAIN AVAILABLE UNTIL EXPENSED.
SELECTED COUNTRIES AND ORGANIZATIONS, DEVELOPMENT ASSISTANCE: FOR
NECESSARY EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION 107,
$36,500,000: PROVIDED, THAT IN ADDITION TO THE AMOUNTS PROVIDED FOR
LOANS TO CARRY OUT THE PURPOSES OF THIS PARAGRAPH, SUCH AMOUNTS AS ARE
PROVIDED FOR UNDER SECTION 203 SHALL ALSO BE AVAILABLE FOR LOANS,
TOGETHER ALL SUCH AMOUNTS TO REMAIN AVAILABLE UNTIL EXPENDED.
LIMITATION ON GRANTS, DEVELOPMENT ASSISTANCE: OF THE NEW
OBLIGATIONAL AUTHORITY APPROPRIATED UNDER THIS ACT TO CARRY OUT THE
PROVISIONS OF SECTIONS 103 - 107, NOT MORE THAN $300,000,000 SHALL BE
AVAILABLE FOR GRANTS. //ANTE, P. 715.//
INTERNATIONAL ORGANIZATIONS AND PROGRAMS: FOR NECESSARY EXPENSES TO
CARRY OUT THE PROVISIONS OF SECTION 301, $125,000,000, OF WHICH
$15,000,000 SHALL BE AVAILABLE ONLY FOR THE UNITED NATIONS CHILDREN'S
FUND AND OF WHICH $14,300,000 SHALL BE AVAILABLE ONLY FOR THE UNITED
NATIONS RELIEF AND WORKS AGENCY. //ANTE, P. 718.//
UNITED NATIONS ENVIRONMENT FUND: FOR NECESSARY EXPENSES TO CARRY OUT
THE PROVISIONS OF SECTION 2 OF THE UNITED NATION'S ENVIRONMENT PROGRAM
PARTICIPATION ACT OF 1973, $7,500,000.
AMERICAN SCHOOLS AND HOSPITALS ABROAD: FOR NECESSARY EXPENSES TO
CARRY OUT THE PROVISIONS OF SECTION 214, $19,000,000. //ANTE, P.
717.//
AMERICAN SCHOOLS AND HOSPITALS ABROAD (SPECIAL FOREIGN CURRENCY
PROGRAM): FOR NECESSARY EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION
214, $6,500,000 IN FOREIGN CURRENCIES WHICH THE TREASURY DEPARTMENT
DETERMINES TO BE EXCESS TO THE NORMAL REQUIREMENTS OF THE UNITED STATES,
TO REMAIN AVAILABLE UNTIL EXPENDED.
NATIONAL ASSOCIATION OF THE PARTNERS OF THE ALLIANCE, INC.: FOR
NECESSARY EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION 252 (B)
$750,000. //ANTE, P. 718.//
INDUS BASIN DEVELOPMENT FUND, GRANTS: FOR NECESSARY EXPENSES TO
CARRY OUT THE PROVISIONS OF SECTION 302 (B) (2) WITH RESPECT TO INDUS
BASIN DEVELOPMENT FUND, GRANTS, $9,000,000: PROVIDED, THAT NO OTHER
FUNDS APPROPRIATED OR MADE AVAILABLE UNDER THIS ACT SHALL BE USED FOR
THE PURPOSES OF SUCH SECTION DURING THE CURRENT FISCAL YEAR. //ANTE, P.
719.//
INDUS BASIN DEVELOPMENT FUND, LOANS: FOR EXPENSES AUTHORIZED BY
SECTION 302 (B) (1), $2,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED:
PROVIDED, THAT NO OTHER FUNDS APPROPRIATED OR MADE AVAILABLE UNDER THIS
ACT SHALL BE USED FOR THE PURPOSES OF SUCH SECTION DURING THE CURRENT
FISCAL YEAR.
UNITED NATIONS RELIEF AND WORKS AGENCY (ARAB REFUGEES): FOR
NECESSARY EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION 302 (E),
$2,000,000. //83 STAT. 819; ANTE, P. 719.//
ALBERT SCHWEITZER HOSPITAL: FOR NECESSARY EXPENSES TO CARRY OUT
SECTION 33 OF THE FOREIGN ASSISTANCE ACT OF 1973, $1,000,000. //ANTE,
P. 733.//
CONTINGENCY FUND: FOR NECESSARY EXPENSES, $15,000,000, TO BE USED
FOR THE PURPOSES SET FORTH IN SECTION 451. //ANTE, P. 719.//
INTERNATIONAL NARCOTICS CONTROL: FOR NECESSARY EXPENSES TO CARRY OUT
THE PROVISIONS OF SECTION 481, $42,500,000. //86 STAT. 496; ANTE, P.
719.//
AFRICAN SAHEL FAMINE AND DISASTER RELIEF ASSISTANCE: FOR NECESSARY
EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION 639A, $25,000,000.
//ANTE, P. 725.//
ADMINISTRATIVE EXPENSES: FOR NECESSARY EXPENSES, $40,000,000, TO BE
USED FOR THE PURPOSES SET FORTH IN SECTION 637 (A). //ANTE, P. 724.//
ADMINISTRATIVE AND OTHER EXPENSES: FOR EXPENSES AUTHORIZED BY
SECTION 637 (B) OF THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED, AND
BE SECTION 305 OF THE MUTUAL DEFENSE ASSISTANCE CONTROL ACT OF 1951, AS
AMENDED, $4,800,000. //22 USC 1007. 22 USC 1613D.//
UNOBLIGATED BALANCES AS OF JUNE 30, 1973, OF FUNDS HERETOFORE MADE
AVAILABLE UNDER THE AUTHORITY OF THE FOREIGN ASSISTANCE ACT OF 1961, AS
AMENDED, EXCEPT AS OTHERWISE PROVIDED BY LAW, ARE HEREBY CONTINUED
AVAILABLE FOR THE FISCAL YEAR 1974, FOR THE SAME GENERAL PURPOSES FOR
WHICH APPROPRIATED AND AMOUNTS CERTIFIED PURSUANT TO SECTION 1311 OF THE
SUPPLEMENTAL APPROPRIATION ACT, 1955, AS HAVING BEEN OBLIGATED AGAINST
APPROPRIATIONS HERETOFORE MADE UNDER THE AUTHORITY OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED, FOR THE SAME GENERAL PURPOSE AS ANY
OF THE SUBPARAGRAPHS UNDER "ECONOMIC ASSISTANCE", "SECURITY SUPPORTING
ASSISTANCE", AND "INDOCHINA POSTWAR RECONSTRUCTION ASSISTANCE", //75
STAT. 424. 22 USC 2151 NOTE. 68 STAT. 830; 84 STAT. 2085. 31 USC
200.// ARE HEREBY CONTINUED AVAILABLE FOR THE SAME PERIOD AS THE
RESPECTIVE APPROPRIATIONS IN SUCH SUBPARAGRAPHS FOR THE SAME GENERAL
PURPOSE: PROVIDED, THAT SUCH UNOBLIGATED BALANCES AS OF JUNE 30, 1973,
AND SUCH AMOUNTS CERTIFIED PURSUANT TO SECTION 1311 OF THE SUPPLEMENTAL
APPROPRIATION ACT, 1955, AS HAVING BEEN OBLIGATED AGAINST APPROPRIATIONS
HERETOFORE MADE UNDER THE AUTHORITY OF SECTION 531 OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED, ARE HEREBY CONTINUED AVAILABLE FOR
THE FISCAL YEAR 1974 FOR EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION
531 OR SECTION 801 OF THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED:
PROVIDED FURTHER, THAT SUCH PURPOSE RELATES TO A PROJECT OR PROGRAM
PREVIOUSLY JUSTIFIED TO CONGRESS AND THE COMMITTEES ON APPROPRIATIONS OF
THE HOUSE OF REPRESENTATIVES AND THE SENATE ARE NOTIFIED PRIOR TO THE
REOBLIGATION OF FUNDS FOR SUCH PROJECTS OR PROGRAMS. //68 STAT. 830;
84 STAT. 2085. 31 USC 200. 86 STAT. 26. 22 USC 2346. ANTE, P. 728.//
MILITARY ASSISTANCE: FOR NECESSARY EXPENSES TO CARRY OUT THE
PROVISIONS OF SECTION 503 OF THE FOREIGN ASSISTANCE ACT OF 1961, AS
AMENDED, INCLUDING ADMINISTRATIVE EXPENSES AND PURCHASE OF PASSENGER
MOTOR VEHICLES FOR REPLACEMENT ONLY FOR USE OUTSIDE OF THE UNITED
STATES, $450,000,000: PROVIDED, THAT NONE OF THE FUNDS CONTAINED IN
THIS PARAGRAPH SHALL BE AVAILABLE FOR THE PURCHASE OF NEW AUTOMOTIVE
VEHICLES OUTSIDE OF THE UNITED STATES. //ANTE, P. 520.//
INDOCHINA POSTWAR RECONSTRUCTION ASSISTANCE: FOR NECESSARY EXPENSES
TO CARRY OUT THE PROVISIONS OF SECTION 801 OF THE FOREIGN ASSISTANCE ACT
OF 1961, AS AMENDED, $450,000,000.
SECURITY SUPPORTING ASSISTANCE: FOR NECESSARY EXPENSES TO CARRY OUT
THE PROVISIONS OF SECTION 531 OF THE FOREIGN ASSISTANCE ACT OF 1961, AS
AMENDED, $112,500,000: PROVIDED, THAT OF THE FUNDS APPROPRIATED UNDER
THIS PARAGRAPH, NOT LESS THAN $50,000,000 SHALL BE ALLOCATED TO ISRAEL.
THE OVERSEAS PRIVATE INVESTMENT CORPORATION IS AUTHORIZED TO MAKE
SUCH EXPENDITURES WITHIN THE LIMITS OF FUNDS AVAILABLE TO IT AND IN
ACCORDANCE WITH LAW (INCLUDING NOT TO EXCEED $10,000 FOR ENTERTAINMENT
ALLOWANCES), AND TO MAKE SUCH CONTRACTS AND COMMITMENTS WITHOUT REGARD
TO FISCAL YEAR LIMITATIONS AS PROVIDED BY SECTION 104 OF THE GOVERNMENT
CORPORATION CONTROL ACT, AS AMENDED (31 U.S.C. 849), AS MAY BE NECESSARY
IN CARRYING OUT THE PROGRAM SET FORTH IN THE BUDGET FOR THE CURRENT
FISCAL YEAR. //61 STAT. 584.//
OVERSEAS PRIVATE INVESTMENT CORPORATION, RESERVES: FOR EXPENSES
AUTHORIZED BY SECTION 235 (F), $25,000,000, TO REMAIN AVAILABLE UNTIL
EXPENDED. //83 STAT. 813. 22 USC 2195.//
THE INTER-AMERICAN FOUNDATION IS AUTHORIZED TO MAKE SUCH EXPENDITURES
WITHIN THE LIMITS OF FUNDS AVAILABLE TO IT AND IN ACCORDANCE WITH THE
LAW, AND TO MAKE SUCH CONTRACTS AND COMMITMENTS WITHOUT REGARD TO FISCAL
YEAR LIMITATIONS AS PROVIDED BY SECTION 104 OF THE GOVERNMENT
CORPORATION CONTROL ACT, AS AMENDED (31 U.S.C. 849), AS MAY BE NECESSARY
IN CARRYING OUT ITS AUTHORIZED PROGRAMS DURING THE CURRENT FISCAL YEAR:
PROVIDED, THAT NOT TO EXCEED $10,000,000 SHALL BE AVAILABLE TO CARRY OUT
THE AUTHROIZED PROGRAMS DURING THE CURRENT FISCAL YEAR.
SEC. 101. NONE OF THE FUNDS HEREIN APPROPRIATED (OTHER THAN FUNDS
APPROPRIATED FOR "INTERNATIONAL ORGANIZATIONS AND PROGRAMS" AND "INDUS
BASIN DEVELOPMENT FUND") SHALL BE USED TO FINANCE THE CONSTRUCTION OF
ANY NEW FLOOD CONTROL, RECLAMATION, OR OTHER WATER OR RELATED LAND
RESOURCE PROJECT OR PROGRAM WHICH HAS NOT MET THE STANDARDS AND CRITERIA
USED IN DETERMINING THE FEASIBILITY OF FLOOD CONTROL, RECLAMATION, AND
OTHER WATER AND RELATED LAND RESOURCE PROGRAMS AND PROJECTS PROPOSED FOR
CONSTRUCTION WITHIN THE UNITED STATES OF AMERICA AS PER MEMORANDUM OF
THE PRESIDENT DATED MAY 15, 1962.
SEC. 102. EXCEPT FOR THE APPROPRIATIONS ENTITLED "CONTINGENCY FUND",
AND APPROPRIATIONS OF FUNDS TO BE USED FOR LOANS, NOT MORE THAN 20 PER
CENTUM OF ANY APPROPRIATION ITEM MADE AVAILABLE BY THIS TITLE SHALL BE
OBLIGATED AND/OR RESERVED DURING THE LAST MONTH OF AVAILABILITY.
SEC. 103. NONE OF THE FUNDS HEREIN APPROPRIATED NOR ANY OF THE
COUNTERPART FUNDS GENERATED AS A RESULT OF ASSISTANCE HEREUNDER OR ANY
PRIOR ACT SHALL BE USED TO PAY PENSIONS, ANNUITIES, RETIREMENT PAY, OR
ADJUSTED SERVICE COMPENSATION FOR ANY PERSONS HERETOFORE OR HEREAFTER
SERVING IN THE ARMED FORCES OF ANY RECIPIENT COUNTRY.
SEC. 104. NONE OF THE FUNDS APPROPRIATED OR MADE AVAILABLE PURSUANT
TO THIS ACT FOR CARRYING OUT T,E FOREIGN ASSISTANCE ACT OF 1961, AS
AMENDED, MAY BE USED FOR MAKING PAYMENTS ON ANY CONTRACT FOR PROCUREMENT
TO WHICH THE UNITED STATES IS A PARTY ENTERED INTO AFTER THE DATE OF
ENACTMENT OF THIS ACT WHICH DOES NOT CONTAIN A PROVISION AUTHORIZING THE
TERMINATION OF SUCH CONTRACT FOR THE CONVENIENCE OF THE UNITED STATES.
//75 STAT. 424, 719. 22 USC 2151 NOTE.//
SEC. 105. NONE OF THE FUNDS APPROPRIATED OR MADE AVAILABLE UNDER
THIS ACT FOR CARRYING OUT THE FOREIGN ASSISTANCE ACT OF 1961, AS
AMENDED, MAY BE USED TO MAKE PAYMENTS WITH RESPECT TO ANY CAPITAL
PROJECT FINANCED BY LOANS OR GRANTS FROM THE UNITED STATES WHERE THE
UNITED STATES HAS NOT DIRECTLY APPROVED THE TERMS OF THE CONTRACTS AND
THE FIRMS TO PROVIDE ENGINEERING, PROCUREMENT, AND CONSTRUCTION SERVICES
ON SUCH PROJECTS.
SEC. 106. OF THE FUNDS APPROPRIATED OR MADE AVAILABLE PURSUANT TO
THIS ACT, NOT MORE THAN $12,000,000 MAY BE USED DURING THE FISCAL YEAR
ENDING JUNE 30, 1974, IN CARRYING OUT RESEARCH UNDER SECTION 241 OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED. //75 STAT. 433; 77 STAT.
382.//
SEC. 107. NONE OF THE FUNDS APPROPRIATED OR MADE AVAILABLE PURSUANT
TO THIS ACT FOR CARRYING OUT THE FOREIGN ASSISTANCE ACT OF 1961, AS
AMENDED, MAY BE USED TO PAY IN WHOLE OR IN PART ANY ASSESSMENTS,
ARREARAGES, OR DUES OF ANY MEMBER OF THE UNITED NATIONS. //22 USC
2201.//
SEC. 108. NONE OF THE FUNDS MADE AVAILABLE BY THIS ACT FOR CARRYING
OUT THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED, MAY BE OBLIGATED FOR
FINANCING, IN WHOLE OR IN PART, THE DIRECT COSTS OF ANY CONTRACT FOR THE
CONSTRUCTION OF FACILITIES AND INSTALLATIONS IN ANY UNDERDEVELOPED
COUNTRY, UNLESS THE PRESIDENT SHALL HAVE PROMULGATED REGULATIONS
DESIGNED TO ASSURE, TO THE MAXIMUM EXTENT CONSISTENT WITH THE NATIONAL
INTEREST AND THE AVOIDANCE OF EXCESSIVE COSTS TO THE UNITED STATES, THAT
NONE OF THE FUNDS MADE AVAILABLE BY THIS ACT AND THERE AFTER OBLIGATED
SHALL BE USED TO FINANCE THE DIRECT COSTS UNDER SUCH CONTRACTS FOR
CONSTRUCTION WORK PERFORMED BY PERSONS OTHER THAN QUALIFIED NATIONALS OF
THE RECIPIENT COUNTRY OR QUALIFIED CITIZENS OF THE UNITED STATES:
PROVIDED, HOWEVER, THAT THE PRESIDENT MAY WAIVE THE APPLICATION OF THIS
SECTION IF IT IS IMPORTANT TO THE NATIONAL INTEREST.
SEC. 109. NONE OF THE FUNDS APPROPRIATED OR MADE AVAILABLE PURSUANT
TO THIS ACT FOR CARRYING OUT THE FOREIGN ASSISTANCE ACT OF 1961, AS
AMENDED, MAY BE USED TO FINANCE THE PROCUREMENT OF IRON AND STEEL
PRODUCTS FOR USE IN VIETNAM CONTAINING ANY COMPONENT ACQUIRED BY THE
PRODUCER OF THE COMMODITY, IN THE FORM IN WHICH IMPORTED INTO THE
COUNTRY OF PRODUCTION, FROM SOURCES OTHER THAN THE UNITED STATES. //75
STAT. 424, 719.//
SEC. 110. NONE OF THE FUNDS CONTAINED IN TITLE I OF THIS ACT MAY BE
USED TO CARRY OUT THE PROVISIONS OF SECTIONS 209 (D) AND 251 (H) OF THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED. //22 USC 2151 NOTE. 22 USC
2169, 2211.//
SEC. 111. NONE OF THE FUNDS APPROPRIATED OR MADE AVAILABLE PURSUANT
TO THIS ACT SHALL BE USED TO PROVIDE ASSISTANCE TO THE DEMOCRATIC
REPUBLIC OF VIETNAM (NORTH VIETNAM).
SEC. 112. NONE OF THE FUNDS APPROPRIATED OR MADE AVAILABLE PURSUANT
TO THIS ACT, AND NO LOCAL CURRENCIES GENERATED AS A RESULT OF ASSISTANCE
FURNISHED UNDER THIS ACT, MAY BE USED FOR THE SUPPORT OF POLICE, OR
PRISON CONSTRUCTION AND ADMINISTRATION WITHIN SOUTH VIETNAM, FOR
TRAINING, INCLUDING COMPUTER TRAINING, OF SOUTH VIETNAMESE WITH RESPECT
TO POLICE, CRIMINAL, OR PRISON MATTERS, OR FOR COMPUTERS OR COMPUTER
PARTS FOR USE FOR SOUTH VIETNAM WITH RESPECT TO POLICE, CRIMINAL, OR
PRISON MATTERS.
SEC. 113. IT IS THE SENSE OF THE CONGRESS THAT EXCESS FOREIGN
CURRENCIES ON DEPOSIT WITH THE UNITED STATES TREASURY, HAVING BEEN
ACQUIRED WITHOUT THE PAYMENT OF DOLLARS, SHOULD BE USED TO UNDERWRITE
LOCAL COSTS OF UNITED STATES FOREIGN ASSISTANCE PROGRAMS TO THE EXTENT
TO WHICH THEY ARE AVAILABLE. THEREFORE, NONE OF THE FUNDS APPROPRIATED
BY THIS TITLE SHALL BE USED TO ACQUIRE, DIRECTLY OR INDIRECTLY,
CURRENCIES OR CREDITS OF A FOREIGN COUNTRY FROM NON-UNITED STATES
TREASURY SOURCES WHEN THERE IS ON DEPOSIT IN THE UNITED STATES TREASURY
EXCESS CURRENCIES OF THAT COUNTRY HAVING BEEN ACQUIRED WITHOUT PAYMENT
OF DOLLARS.
SEC. 114. NONE OF THE FUNDS MADE AVAILABLE UNDER THIS ACT FOR "FOOD
AND NUTRITION, DEVELOPMENT ASSISTANCE," "POPULATION PLANNING AND HEALTH,
DEVELOPMENT ASSISTANCE," "EDUCATION AND HUMAN RESOURCES DEVELOPMENT,
DEVELOPMENT ASSISTANCE," "SELECTED DEVELOPMENT PROBLEMS, DEVELOPMENT
ASSISTANCE," "SELECTED COUNTRIES AND ORGANIZATIONS, DEVELOPMENT
ASSISTANCE," "INTERNATIONAL ORGANIZATIONS AND PROGRAMS," "AMERICAN
SCHOOLS AND HOSPITALS ABROAD," "INTERNATIONAL NARCOTICS CONTROL,"
"INDOCHINA POSTWAR RECONSTRUCTION ASSISTANCE," "SECURITY SUPPORTING
ASSISTANCE," "MILITARY ASSISTANCE," OR "MIGRATION AND REFUGEE
ASSISTANCE" SHALL BE AVAILABLE FOR OBLIGATION FOR ACTIVITIES, PROGRAMS,
PROJECTS, COUNTRIES, OR OTHER OPERATIONS UNLESS THE COMMITTEES ON
APPROPRIATIONS OF THE SENATE AND HOUSE OF REPRESENTATIVES ARE PREVIOUSLY
NOTIFIED FIVE DAYS IN ADVANCE.
FOR EXPENSES NOT OTHERWISE PROVIDED FOR, NECESSARY TO ENABLE THE
PRESIDENT TO CARRY OUT THE PROVISIONS OF THE FOREIGN MILITARY SALES ACT,
$325,000,000: PROVIDED, THAT OF THE AMOUNT PROVIDED FOR THE TOTAL
AGGREGATE CREDIT SALE CEILING DURING THE CURRENT FISCAL YEAR, NOT LESS
THAN $300,000,000 SHALL BE ALLOCATED TO ISRAEL. //82 STAT. 1320. 22
USC 2751 NOTE.//
FOR EXPENSES NECESSARY FOR ACTION TO CARRY OUT THE PROVISIONS OF THE
PEACE CORPS ACT (75 STAT. 612), AS AMENDED, $76,000,000. //22 USC 2501
NOTE.//
FOR EXPENSES NECESSARY TO CARRY OUT THE PROVISIONS OF THE MIGRATION
AND REFUGEE ASSISTANCE ACT OF 1962 (PUBLIC LAW 87 - 510), RELATING TO
AID TO REFUGEES WITHIN THE UNITED STATES, INCLUDING HIRE OF PASSENGER
MOTOR VEHICLES, AND SERVICES AS AUTHORIZED BY 5 U.S.C. 3109,
$129,000,000: PROVIDED, THAT FUNDS FROM THIS APPROPRIATION SHALL BE
USED TO REIMBURSE THE SECRETARY OF STATE TO COVER THE COSTS INCURRED BY
THE DEPARTMENT OF STATE IN CONNECTION WITH THE MOVEMENT OF REFUGEES FROM
CUBS TO THE UNITED STATES. //22 USC 2601 NOTE. 80 STAT. 416.//
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY TO ENABLE THE
SECRETARY OF STATE TO PROVIDE, AS AUTHORIZED BY LAW, A CONTRIBUTION TO
THE INTERNATIONAL COMMITTEE OF THE RED CROSS AND ASSISTANCE TO REFUGEES,
INCLUDING CONTRIBUTIONS TO THE INTERGOVERNMENTAL COMMITTEE FOR EUROPEAN
MIGRATION AND THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES;
SALARIES AND EXPENSES OF PERSONNEL AND DEPENDENTS AS AUTHORIZED BY THE
FOREIGN SERVICE ACT OF 1946, AS AMENDED (22 U.S.C. 801 - 1158);
ALLOWANCES AS AUTHORIZED BY 5 U.S.C. 5921 - 5925; HIRE OF PASSENGER
MOTOR VEHICLES; AND SERVICES AS AUTHORIZED BY 5 U.S.C. 3109;
$9,504,000, OF WHICH NOT TO EXCEED $8,184,000 SHALL REMAIN AVAILABLE
UNTIL DECEMBER 31, 1974: PROVIDED, THAT NO FUNDS HEREIN APPROPRIATED
SHALL BE USED TO ASSIST DIRECTLY IN THE MIGRATION TO ANY NATION IN THE
WESTERN HEMISPHERE OF ANY PERSON NOT HAVING A SECURITY CLEARANCE BASED
ON REASONABLE STANDARDS TO INSURE AGAINST COMMUNIST INFILTRATION IN THE
WESTERN HEMISPHERE. //80 STAT. 510.//
FOR NECESSARY EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION 101 (B)
OF THE FOREIGN RELATIONS AUTHORIZAT'ON ACT OF 1972, $36,500,000. //86
STAT. 489. 22 USC 2680 NOTE.//
FOR PAYMENT BY THE SECRETARY OF THE TREASURY OF A UNITED STATES
CONTRIBUTION TO THE CONSOLIDATED SPECIAL FUNDS OF THE ASIAN DEVELOPMENT
BANK, AS AUTHORIZED BY THE ACT OF MARCH 10, 1972 (PUBLIC LAW 92 - 245),
$50,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED. //86 STAT. 57. 22 USC
285I - 258J.//
FOR PAYMENT TO THE INTER-AMERICAN DEVELOPMENT BANK BY THE SECRETARY
OF THE TREASURY FOR THE UNITED STATES SUBSCRIPTION TO (1) PAID-IN
CAPITAL STOCK; (2) CALLABLE CAPITAL STOCK; AND (3) THE UNITED STATES
SHARE OF THE INCREASE IN THE RESOURCES OF THE FUND FOR SPECIAL
OPERATIONS AUTHORIZED BY THE ACTS OF DECEMBER 30, 1970 (PUBLIC LAW 91 -
599), AND MARCH 10, 1972 (PUBLIC LAW 92 - 246), $418,380,000, TO REMAIN
AVAILABLE UNTIL EXPENDED. //84 STAT. 1657. 22 USC 268E - 1D. 86 STAT.
59. 22 USC 283P - 283R.//
FOR PAYMENT BY THE SECRETARY OF THE TREASURY OF THE SECOND
INSTALLMENT OF THE UNITED STATES CONTRIBUTION TO THE THIRD REPLENISHMENT
OF THE RESOURCES OF THE INTERNATIONAL DEVELOPMENT ASSOCIATION AS
AUTHORIZED BY THE ACT OF MARCH 10, 1972 (PUBLIC LAW 92 - 247),
$320,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED. //86 STAT. 60. 22
USC 284I.//
FOR EMERGENCY SECURITY ASSISTANCE FOR ISRAEL, $2,200,000,000:
PROVIDED, THAT THE FUNDS APPROPRIATED IN THIS PARAGRAPH SHALL BE
AVAILABLE ONLY UPON ENACTMENT INTO LAW OF AUTHORIZING LEGISLATION:
PROVIDED FURTHER, THAT ANY PART OF ANY FUNDS APPROPRIATED IN THIS
PARAGRAPH USED TO FURNISH MILITARY ASSISTANCE SHALL BE ACCOUNTED FOR IN
ACCORDANCE WITH SECTION 108 OF THE MUTUAL SECURITY APPROPRIATION ACT,
1956 (69 STAT. 438), AS AMENDED: PROVIDED FURTHER, THAT OF THE FUNDS
APPROPRIATED UNDER THIS PARAGRAPH, NOT MORE THAN $1,500,000,000 MAY BE
AVAILABLE FOR GRANT MILITARY ASSISTANCE: PROVIDED FURTHER, THAT NONE OF
THE FUNDS APPROPRIATED IN THIS PARAGRAPH IN EXCESS OF $1,700,000,000
SHALL BE OBLIGATED UNLESS THE PRESIDENT DETERMINES SUCH OBLIGATIONS WILL
BE IN THE NATIONAL INTEREST AND PROVIDES CONGRESS WITH DETAILED
JUSTIFICATIONS AND NOTIFICATION TEN DAYS PRIOR TO ANY SUCH OBLIGATION OF
FUNDS. //22 USC 1819.//
EMERGENCY MILITARY ASSISTANCE FOR CAMBODIA
FOR EMERGENCY MILITARY ASSISTANCE FOR CAMBODIA, $150,000,000:
PROVIDED, THAT THE FUNDS APPROPRIATED IN THIS PARAGRAPH SHALL BE
ACCOUNTED FOR IN ACCORDANCE WITH SECTION 108 OF THE MUTUAL SECURITY
APPROPRIATION ACT, 1956 (69 STAT. 438), AS AMENDED: PROVIDED FURTHER,
THAT THE FUNDS APPROPRIATED IN THIS PARAGRAPH SHALL BE AVAILABLE ONLY
UPON ENACTMENT INTO LAW OF AUHTORIZING LEGISLATION.
FOR NECESSARY EXPENSES FOR DISASTER RELIEF AND REHABILITATION IN
PAKISTAN, THE SAHEL REGION OF AFRICA AND NICARAGUA, $150,000,000:
PROVIDED, THAT THE FUNDS APPROPRIATED IN THIS PARAGRAPH SHALL BE
AVAILABLE ONLY UPON ENACTMENT INTO LAW OF AUTHORIZING LEGISLATION.
THE EXPORT-IMPORT BANK OF THE UNITED STATES IS HEREBY AUTHORIZED TO
MAKE SUCH EXPENDITURES WITHIN THE LIMITS OF FUNDS AND BORROWING
AUTHORITY AVAILABLE TO SUCH CORPORATION, AND IN ACCORD WITH LAW, AND TO
MAKE SUCH CONTRACTS AND COMMITMENTS WITHOUT REGARD TO FISCAL YEAR
LIMITATIONS AS PROVIDED BY SECTION 104 OF THE GOVERNMENT CORPORATION
CONTROL ACT, AS AMENDED, AS MAY BE NECESSARY IN CARRYING OUT THE PROGRAM
SET FORTH IN THE BUDGET FOR THE CURRENT FISCAL YEAR FOR SUCH
CORPORATION, EXCEPT AS HEREINAFTER PROVIDED. //59 STAT. 598; 61 STAT.
584. 31 USC 849.//
NOT TO EXCEED $7,650,000,000 (OF WHICH NOT TO EXCEED $3,800,000,000
SHALL BE FOR EQUIPMENT AND SERVICES LOANS) SHALL BE AUTHORIZED DURING
THE CURRENT FISCAL YEAR FOR OTHER THAN ADMINISTRATIVE EXPENSES.
NOT TO EXCEED $8,655,000 (TO BE COMPUTED ON AN ACCRUAL BASIS) SHALL
BE AVAILABLE DURING THE CURRENT FISCAL YEAR FOR ADMINISTRATIVE EXPENSES,
INCLUDING HIRE OF PASSENGER MOTOR VEHICLES, SERVICES AS AUTHORIZED BY 5
U.S.C. 3109, AND NOT TO EXCEED $18,000 FOR ENTERTAINMENT ALLOWANCES FOR
MEMBERS OF THE BOARD OF DIRECTORS: PROVIDED, THAT (1) FEES OR DUES TO
INTERNATIONAL ORGANIZATIONS OF CREDIT INSTITUTIONS ENGAGED IN FINANCING
FOREIGN TRADE, (2) NECESSARY EXPENSES (INCLUDING SPECIAL SERVICES
PERFORMED ON A CONTRACT OR FEE BASIS, BUT NOT INCLUDING OTHER PERSONAL
SERVICES) IN CONNECTION WITH THE ACQUISITION, OPERATION, MAINTENANCE,
IMPROVEMENT, OR DISPOSITION OF ANY REAL OR PERSONAL PROPERTY BELONGING
TO THE BANK OR IN WHICH IT HAS AN INTEREST, INCLUDING EXPENSES OF
COLLECTIONS OF PLEDGED COLLATERAL, OR THE INVESTIGATION OR APPRAISAL OF
ANY PROPERTY IN RESPECT TO WHICH AN APPLICATION FOR A LOAN HAS BEEN
MADE, AND (3) EXPENSES (OTHER THAN INTERNAL EXPENSES OF THE BANK)
INCURRED IN CONNECTION WITH THE ISSUANCE AND SERVICING OF GUARANTEES,
INSURANCE, AND REINSURANCE, SHALL BE CONSIDERED AS NON-ADMINISTRATIVE
EXPENSES FOR THE PURPOSES HEREOF. //80 STAT. 416.//
SEC. 601. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
BE USED FOR PUBLICITY OR PROPAGANDA PURPOSES WITHIN THE UNITED STATES
NOT HERETOFORE AUTHORIZED BY THE CONGRESS.
SEC. 602. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
BE USED FOR EXPENSES OF THE INSPECTOR GENERAL, FOREIGN ASSISTANCE, AFTER
THE EXPIRATION OF THE THIRTY-FIVE DAY PERIOD WHICH BEGINS ON THE DATE
THE GENERAL ACCOUNTING OFFICE OR ANY COMMITTEE OF THE CONGRESS, OR ANY
DULY AUTHORIZED SUBCOMMITTEE THEREOF, CHARGED WITH CONSIDERING FOREIGN
ASSISTANCE LEGISLATION, APPROPRIATIONS, OR EXPENDITURES, HAS DELIVERED
TO THE OFFICE OF THE INSPECTOR GENERAL, FOREIGN ASSISTANCE, A WRITTEN
REQUEST THAT IT BE FURNISHED ANY DOCUMENT, PAPER, COMMUNICATION, AUDIT,
REVIEW, FINDING, RECOMMENDATION, REPORT, OR OTHER MATERIAL IN THE
CUSTODY OR CONTROL OF THE INSPECTOR GENERAL, FOREIGN ASSISTANCE,
RELATING TO ANY REVIEW, INSPECTION OR AUDIT ARRANGED FOR, DIRECTED, OR
CONDUCTED BY HIM, UNLESS AND UNTIL THERE HAS BEEN FURNISHED TO THE
GENERAL ACCOUNTING OFFICE OR TO SUCH COMMITTEE OR SUBCOMMITTEE, AS THE
CASE MAY BE, (A) THE DOCUMENT, PAPER, COMMUNICATION, AUDIT, REVIEW,
FINDING, RECOMMENDATION, REPORT, OR OTHER MATERIAL SO REQUESTED OR (B) A
CERTIFICATION BY THE PRESIDENT, PERSONALLY, THAT HE HAS FORBIDDEN THE
FURNISHING THEREOF PURSUANT TO SUCH REQUEST AND HIS REASON FOR SO DOING.
SEC. 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.
SEC. 604. NONE OF THE FUNDS CONTAINED IN THIS ACT SHALL BE USED TO
FURNISH PETROLEUM FUELS PRODUCED IN THE CONTINENTAL UNITED STATES TO
SOUTHEAST ASIA FOR USE BY NON-UNITED STATES NATIONALS.
FOR NECESSARY EXPENSES FOR INTERIM OPERATING ASSISTANCE UNDER THE
REGIONAL RAIL REORGANIZATION ACT OF 1973, $35,000,000, TO REMAIN
AVAILABLE UNTIL EXPENDED AND TO BE DERIVED BY TRANSFER FROM THE URBAN
MASS TRANSPORTATION FUND: PROVIDED, THAT THIS APPROPRIATION SHALL
BECOME EFFECTIVE ONLY UPON ENACTMENT INTO LAW BY THE 93RD CONGRESS OF H.
R. 9142 OR SIMILAR LEGISLATION.
FOR AN ADDITIONAL AMOUNT OF "SALARIES AND EXPENSES," $3,000,000, TO
REMAIN AVAILABLE UNTIL EXPENDED AND TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR TRANSPORTATION, PLANNING, RESEARCH AND DEVELOPMENT,
OFFICE OF THE SECRETARY: PROVIDED, THAT THIS APPROPRIATION SHALL BECOME
EFFECTIVE ONLY UPON ENACTMENT INTO LAW BY THE 93RD CONGRESS OF H. R.
9142 OR SIMILAR LEGISLATION.
FOR NECESSARY ADMINISTRATIVE EXPENSES TO ENABLE THE UNITED STATES
RAILWAY ASSOCIATION TO CARRY OUT ITS FUNCTIONS UNDER THE REGIONAL RAIL
REORGANIZATION ACT OF 1973, $6,000,000, TO REMAIN AVAILABLE UNTIL
EXPENDED AND TO BE DERIVED BY TRANSFER FROM THE APPROPRIATIONS FOR
RAILROAD RESEARCH AND HIGH-SPEED GROUND TRANSPORTATION RESEARCH AND
DEVELOPMENT, FEDERAL RAILROAD ADMINISTRATION: PROVIDED, THAT THIS
APPROPRIATION SHALL BECOME EFFECTIVE ONLY UPON ENACTMENT INTO LAW BY THE
93RD CONGRESS OF H. R. 9142 OR SIMILAR LEGISLATION.
THIS ACT MAY BE CITED AS THE "FOREIGN ASSISTANCE AND RELATED PROGRAMS
APPROPRIATION ACT, 1974".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 694 (COMM. ON APPROPRIATIONS) AND
NO. 93 - 742 (COMM. ON CONFERENCE).
SENATE REPORT NO. 93 - 620 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 11, CONSIDERED AND PASSED HOUSE. DEC. 17, CONSIDERED AND
PASSED SENATE, MENDED. AMDEC. 20, HOUSE AND SENATE AGREED TO
CONFERENCE REPORT;
RESOLVED AMENDMENTS IN DISAGREEMENT.
PUBLIC LAW 93-239; 87 STAT. 1046, EMERGENCY HIGHWAY ENERGY
CONVERSATION ACT
TO CONSERVE ENERGY ON THE NATION'S HIGHWAYS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT BE CITED
AS THE "EMERGENCY HIGHWAY ENERGY CONSERVATION ACT".
SEC. 2. (A) THE PURPOSE OF THIS SECTION IS TO CONSERVE FUEL DURING
PERIODS OF CURRENT AND IMMINENT FUEL SHORTAGES THROUGH THE ESTABLISHMENT
OF A NATIONAL MAXIMUM HIGHWAY SPEED LIMIT.
(B) AFTER THE SIXTIETH DAY AFTER THE DATE OF ENACTMENT OF THIS ACT,
THE SECRETARY OF TRANSPORTATION SHALL NOT APPROVE ANY PROJECT UNDER
SECTION 106 OF TITLE 23 OF THE UNITED STATES CODE IN ANY STATE WHICH HAS
(1) A MAXIMUM SPEED LIMIT ON ANY PUBLIC HIGHWAY WITHIN ITS JURISDICTION
IN EXCESS OF 55 MILES PER HOUR, AND (2) A SPEED LIMIT FOR ALL TYPES OF
MOTOR VEHICLES OTHER THAN 55 MILES PER HOUR ON ANY PORTION OF ANY PUBLIC
HIGHWAY WITHIN ITS JURISDICTION OF FOUR OR MORE TRAFFIC LANES, THE
OPPOSING LANES OF WHICH ARE PHYSICALLY SEPARATED BY MEANS OTHER THAN
STRIPING, WHICH PORTION OF HIGHWAY HAD A SPEED LIMIT FOR ALL TYPES OF
MOTOR VEHICLES OF 55 MILES, OR MORE, PER HOUR ON NOVEMBER 1, 1973, AND
(3) A SPEED LIMIT ON ANY OTHER PORTION OF A PUBLIC HIGHWAY WITHIN ITS
JURISDICTION WHICH IS NOT UNIFORMLY APPLICABLE TO ALL TYPES OF MOTOR
VEHICLES USING SUCH PORTION OF HIGHWAY, IF ON NOVEMBER 1, 1973, SUCH
PORTION OF HIGHWAY HAD A SPEED LIMIT WHICH WAS UNIFORMLY APPLICABLE TO
ALL TYPES OF MOTOR VEHICLES USING IT. A LOWER SPEED LIMIT MAY BE
ESTABLISHED FOR ANY VEHICLE OPERATING UNDER A SPECIAL PERMIT BECAUSE OF
ANY WEIGHT OR DIMENSION OF SUCH VEHICLE, INCLUDING ANY LOAD THEREON.
CLAUSES (2) AND (3) OF THIS SECTION SHALL NOT APPLY TO ANY PORTION OF A
HIGHWAY DURING SUCH TIME THAT THE CONDITION OF THE HIGHWAY, WEATHER, AN
ACCIDENT, OR OTHER CONDITION CREATES A TEMPORARY HAZARD TO THE SAFETY OF
TRAFFIC ON SUCH PORTION OF A HIGHWAY. //72 STAT. 892; 84 STAT. 1717,
1737. 87 STAT. 1047.//
(C) (1) FOR THE PURPOSES OF THIS SECTION THE TERMS "HIGHWAY" AND
"STATE" SHALL HAVE THE SAME MEANINGS AS IN SECTION 101 OF TITLE 23,
UNITED STATES CODE. //72 STAT. 885; 74 STAT. 415.//
(2) AS USED IN THIS ACT, THE TERM "MOTOR VEHICLE" MEANS ANY VEHICLE
DRIVEN OR DRAWN BY MECHANICAL POWER MANUFACTURED PRIMARILY FOR USE ON
PUBLIC HIGHWAYS, EXCEPT ANY VEHICLE OPERATED EXCLUSIVELY ON A RAIL OR
RAILS.
(D) NOTWITHSTANDING THE PROVISIONS OF SECTION 120 OF TITLE 23, UNITED
STATES CODE, SUMS APPORTIONED TO ANY STATE UNDER SECTION 104 OF TITLE
23, UNITED STATES CODE, SHALL BE AVAILABLE TO PAY THE ENTIRE COST OF ANY
MODIFICATION OF THE SIGNING OF THE FEDERAL-AID HIGHWAYS FOR WHICH SUCH
SUMS ARE APPORTIONED WITHIN SUCH STATE DUE TO A REDUCTION IN SPEED
LIMITS TO CONSERVE FUEL IF SUCH CHANGE IN SIGNING OCCURS OR HAS OCCURRED
AFTER NOVEMBER 1, 1973. //72 STAT. 899; 84 STAT. 1731, ANTE, PP. 254,
256, 257, 292.//
(E) THIS SECTION SHALL CEASE TO BE IN EFFECT (1) ON AND AFTER THE
DATE ON WHICH THE PRESIDENT DECLARES THAT THERE IS NOT A FUEL SHORTAGE
REQUIRING THE APPLICATION OF THIS ACT, OR (2) ON AND AFTER JUNE 30,
1975, WHICHEVER DATE FIRST OCCURS.
(F) THE REQUIREMENTS OF THIS SECTION SHALL BE DEEMED COMPLIED WITH BY
ADMINISTRATIVE ACTION LAWFULLY TAKEN BY THE GOVERNOR OR OTHER
APPROPRIATE STATE OFFICIAL THAT COMPLIES WITH THIS SECTION.
SEC. 3. (A) TO CONSERVE FUEL, DECREASE TRAFFIC CONGESTION DURING
RUSH HOURS, IMPROVE AIR QUALITY, AND ENHANCE THE USE OF EXISTING
HIGHWAYS AND PARKING FACILITIES, THE SECRETARY OF TRANSPORTATION IS
AUTHORIZED TO APPROVE DEMONSTRATION PROJECTS DESIGNED TO ENCOURAGE THE
USE OF CARPOOLS IN URBAN AREAS.
(B) PROPOSALS SHALL BE ORIGINATED BY LOCAL OFFICIALS AND SUBMITTED BY
THE STATE IN ACC ORDANCE WITH THE PROVISIONS OF SECTION 105 (D) OF TITLE
23, UNITED STATES CODE. THE SECRETARY OF TRANSPORTATION SHALL APPROVE
FOR FUNDING THOSE PROJECTS WHICH OFFER REASONABLE PROSPECTS OF ACHIEVING
FOR THE OBJECTIVES SET FORTH IN SUBSECTION (A) OF THIS SECTION. //ANTE,
P. 255.//
(C) A PROJECT MAY INCLUDE, BUT NOT BE LIMITED TO, SUCH MEASURES AS
SYSTEMS FOR LOCATING POTENTIAL RIDERS AND INFORMING THEM OF CONVENIENT
CARPOOL OPPORTUNITIES, DESIGNATING EXISTING HIGHWAY LANES AS
PREFERENTIAL CARPOOL HIGHWAY LANES OR SHARED BUS AND CARPOOL LANES,
PROVIDING RELATED TRAFFIC CONTROL DEVICES, AND DESIGNATING EXISTING
PUBLICLY OWNED FACILITIES FOR USE AS PREFERENTIAL PARKING FOR CARPOOLS.
(D) A PROJECT AUTHORIZED BY THIS SECTION SHALL BE SUBJECT TO, AND
CARRIED OUT IN ACCORDANCE WITH ALL OF THE PROVISIONS OF CHAPTER 1 OF
TITLE 23, UNITED STATES CODE, APPLICABLE TO HIGHWAY PROJECTS, EXCEPT
THAT THE FEDERAL SHARE OF SUCH PROJECT SHALL BE 90 PER CENTUM, THE
FEDERAL SHARE SHALL NOT EXCEED $1,000,000 FOR ANY SINGLE PROJECT, AND
ONLY FUNDS APPORTIONED UNDER SECTION 104 (B) (3) AND (6) OF SUCH TITLE
SHALL BE AVAILABLE TO CARRY OUT PROJECTS AUTHORIZED BY THIS SECTION.
THE SECRETARY SHALL NOT APPROVE ANY PROJECT UNDER THIS SECTION AFTER
DECEMBER 31, 1974. //72 STAT. 885; ANTE, P. 261. 23 USC 101. 77
STAT. 276; ANTE, P. 256. 87 STAT. 1047.//
(E) THE SECRETARY OF TRANSPORTATION SHALL CONDUCT A FULL
INVESTIGATION OF THE EFFECTIVENESS OF MEASURES EMPLOYED IN THE
DEMONSTRATION PROJECTS AUTHORIZED BY SUBSECTION (A) OF THIS SECTION. IN
ADDITION, HE SHALL, IN COOPERATION WITH THE INTERNAL REVENUE SERVICE,
THE ENVIRONMENTAL PROTECTION AGENCY, AND OTHER APPROPRIATE FEDERAL AND
STATE AGENCIES, STUDY OTHER MEASURES, INCLUDING BUT NOT LIMITED TO TAX
AND OTHER ECONOMIC INCENTIVES, WHICH MIGHT LEAD TO SIGNIFICANT INCREASES
IN CARPOOL RIDERSHIP IN URBAN AREAS THROUGHOUT THE COUNTRY, AND SHALL
IDENTIFY ANY INSTITUTIONAL OR LEGAL BARRIERS TO SUCH MEASURES AND THE
COSTS AND BENEFITS OF SUCH MEASURES. HE SHALL REPORT TO THE CONGRESS
NOT LATER THAN DECEMBER 31, 1974, HIS FINDINGS, CONCLUSIONS, AND
RECOMMENDATIONS RESULTING FROM SUCH INVESTIGATION AND STUDY. FUNDS
AUTHORIZED TO CARRY OUT SECTION 307 OF TITLE 23, UNITED STATES CODE, ARE
AUTHORIZED TO BE USED TO CARRY OUT THE INVESTIGATION AND STUDY
AUTHORIZED BY THIS SUBSECTION. //87 STAT. 1048 STUDY. 72 STAT. 913;
ANTE, P. 276.//
SEC. 4. SECTION 601 (D) OF THE FEDERAL AVIATION ACT OF 1958, AS
AMENDED (49 U.S.C. 1421) IS AMENDED TO READ AS FOLLOWS: //84 STAT.
1619, 1705.//
"(D) (1) EXCEPT WITH RESPECT TO AIRCRAFT DESCRIBED IN PARAGRAPH (2)
OF THIS SUBSECTION, MINIMUM STANDARDS PURSUANT TO THIS SECTION SHALL
INCLUDE A REQUIREMENT THAT EMERGENCY LOCATOR TRANSMITTERS SHALL BE
INSTALLED--
"(A) ON ANY FIXED-WING, POWERED CIVIL AIRCRAFT FOR USE IN AIR
COMMERCE THE MANUFACTURE OF WHICH IS COMPLETED, OR WHICH IS
IMPORTED INTO THE UNITED STATES, AFTER ONE YEAR FOLLOWING THE DATE
OF ENACTMENT OF THIS SUBSECTION; AND
"(B) ON ANY FIXED-WING, POWERED CIVIL AIRCRAFT USED IN AIR
COMMERCE AFTER THREE YEARS AND SIX MONTHS FOLLOWING SUCH DATE.
"(2) THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO:
"(A) TURBOJET-POWERED AIRCRAFT;
"(B) AIRCRAFT WHILE ENGAGED IN SCHEDULED FLIGHTS BY SCHEDULED
AIR CARRIERS CERTIFICATED BY THE BOARD;
"(C) AIRCRAFT WHILE ENGAGED IN TRAINING OPERATIONS CONDUCTED
ENTIRELY WITHIN A FIFTY-MILE RADIUS OF THE AIRPORT FROM WHICH SUCH
LOCAL FLIGHT OPERATIONS BEGAN;
"(D) AIRCRAFT WHILE ENGAGED IN FLIGHT OPERATIONS INCIDENT TO
DESIGN AND TESTING;
"(E) NEW AIRCRAFT WHILE ENGAGED IN FLIGHT OPERATIONS INCIDENT
TO THEIR MANUFACTURE, PREPARATION, AND DELIVERY; "(F) AIRCRAFT
WHILE ENGAGED IN FLIGHT OPERATIONS INCIDENT TO THE AERIAL
APPLICATION OF CHEMICALS AND OTHER SUBSTANCES FOR AGRICULTURAL
PURPOSES;
"(G) AIRCRAFT CERTIFICATED BY THE ADMINISTRATOR FOR RESEARCH
AND DEVELOPMENT PURPOSES;
"(H) AIRCRAFT WHILE USED FOR SHOWING COMPLIANCE WITH
REGULATIONS, CREW TRAINING, EXHIBITION, AIR RACING, OR MARKET
SURVEYS; AND
"(I) AIRCRAFT EQUIPPED TO CARRY NOT MORE THAN ONE PERSON.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 677 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 628 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 3, CONSIDERED AND PASSED HOUSE. DEC. 14, CONSIDERED AND
PASSED SENATE, MENDED. AMDEC. 21, HOUSE CONCURRED IN CERTAIN
SENATE AMENDMENTS
WITH AMENDMENTS; SENATE AGREED TO HOUSE AMENDMENTS.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 1
(1974):
JAN. 2, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-238; 87 STAT. 1026, DEPARTMENT OF DEFENSE
APPROPRIATION ACT, 1974.
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE
FISCAL YEAR ENDING JUNE 30, 1974, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FOLLOWING SUMS
ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE
APPROPRIATED, FOR THE FISCAL YEAR ENDING JUNE 30, 1974, FOR MILITARY
FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF DEFENSE, AND FOR OTHER
PURPOSES, NAMELY:
FOR PAY, ALLOWANCES, INDIVIDUAL CLOTHING, SUBSISTENCE, INTEREST ON
DEPOSITS, GRATUITIES, PERMANENT CHANGE OF STATION TRAVEL (INCLUDING ALL
EXPENSES THEREOF FOR ORGANIZATIONAL MOVEMENTS), AND EXPENSES OF
TEMPORARY DUTY TRAVEL BETWEEN PERMANENT DUTY STATIONS, FOR MEMBERS OF
THE ARMY ON ACTIVE DUTY (EXCEPT MEMBERS OF RESERVE COMPONENTS PROVIDED
FOR ELSEWHERE); $7,109,950,000.
FOR PAY, ALLOWANCES, INDIVIDUAL CLOTHING, SUBSISTENCE, INTEREST ON
DEPOSITS, GRATUITIES, PERMANENT CHANGE OF STATION TRAVEL (INCLUDING ALL
EXPENSES THEREOF FOR ORGANIZATIONAL MOVEMENTS, AND EXPENSES OF TEMPORARY
DUTY TRAVEL BETWEEN PERMANENT DUTY STATIONS, FOR MEMBERS OF THE NAVY ON
ACTIVE DUTY (EXCEPT MEMBERS OF THE RESERVE PROVIDED FOR ELSEWHERE),
MIDSHIPMEN, AND AVIATION CADETS; $5,271,350,000, OF WHICH NOT TO EXCEED
$9,900,000 SHALL BE TRANSFERRED TO APPROPRIATE ACCOUNTS UNDER THIS HEAD
FOR THE FISCAL YEARS 1969, 1971, AND 1972 BUT ONLY IN SUCH AMOUNTS AS
ARE NECESSARY FOR PAYMENTS TO THE INTERNAL REVENUE SERVICE FOR UNPAID
WITHHOLDING TAXES, AND THE ACCOUNTS IN SUCH FISCAL YEARS SHALL BE
ADJUSTED ACCORDINGLY.
FOR PAY, ALLOWANCES, INDIVIDUAL CLOTHING, SUBSISTENCE, INTEREST ON
DEPOSITS, GRATUITIES, PERMANENT CHANGE OF STATION TRAVEL (INCLUDING ALL
EXPENSES THEREOF FOR ORGANIZATIONAL MOVEMENTS), AND EXPENSES OF
TEMPORARY DUTY TRAVEL BETWEEN PERMANENT DUTY STATIONS, FOR MEMBERS OF
THE MARINE CORPS ON ACTIVE DUTY (EXCEPT MEMBERS OF THE RESERVE PROVIDED
FOR ELSEWHERE); $1,547,000,000.
FOR PAY, ALLOWANCES, INDIVIDUAL CLOTHING, SUBSISTENCE, INTEREST ON
DEPOSITS, GRATUITIES, PERMANENT CHANGE OF STATION TRAVEL (INCLUDING ALL
EXPENSES THEREOF FOR ORGANIZATIONAL MOVEMENTS), AND EXPENSES OF
TEMPORARY DUTY TRAVEL BETWEEN PERMANENT DUTY STATIONS, FOR MEMBERS OF
THE AIR FORCE ON ACTIVE DUTY (EXCEPT MEMBERS OF RESERVE COMPONENTS
PROVIDED FOR ELSEWHERE), CADETS, AND AVIATION CADETS; $6,863,350,000.
FOR PAY, ALLOWANCES, CLOTHING, SUBSISTENCE, GRATUITIES, TRAVEL, AND
RELATED EXPENSES FOR PERSONNEL OF THE ARMY RESERVE ON ACTIVE DUTY UNDER
SECTIONS 265, 3019, AND 3033 OF TITLE 10, UNITED STATES CODE, OR WHILE
UNDERGOING RESERVE TRAINING OR WHILE PERFORMING DRILLS OR EQUIVALENT
DUTY, AND FOR MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS, AS
AUTHORIZED BY LAW; $452,408,000. //70A STAT. 11; 81 STAT. 523, 524.//
FOR PAY, ALLOWANCES, CLOTHING, SUBSISTENCE, GRATUITIES, TRAVEL, AND
RELATED EXPENSES FOR PERSONNEL OF THE NAVAL RESERVE ON ACTIVE DUTY UNDER
SECTION 265 OF TITLE 10, UNITED STATES CODE, OR WHILE UNDERGOING RESERVE
TRAINING, OR WHILE PERFORMING DRILLS OR EQUIVALENT DUTY, AND FOR MEMBERS
OF THE RESERVE OFFICERS' TRAINING CORPS, AS AUTHORIZED BY LAW;
$209,403,000.
FOR PAY, ALLOWANCES, CLOTHING, SUBSISTENCE, GRATUITIES, TRAVEL, AND
RELATED EXPENSES FOR PERSONNEL OF THE MARINE CORPS RESERVE ON ACTIVE
DUTY UNDER SECTION 265 OF TITLE 10, UNITED STATES CODE, OR WHILE UNDER
GOING RESERVE TRAINING, OR WHILE PERFORMING DRILLS OR EQUIVALENT DUTY,
AND FOR MEMBERS OF THE MARINE CORPS PLATOON LEADERS CLASS, AS AUTHORIZED
BY LAW; $61,173,000.
FOR PAY, ALLOWANCES, CLOTHING, SUBSISTENCE, GRATUITIES, TRAVEL, AND
RELATED EXPENSES FOR PERSONNEL OF THE AIR FORCE RESERVE ON ACTIVE DUTY
UNDER SECTIONS 265, 8019, AND 8033 OF TITLE 10, UNITED STATES CODE, OR
WHILE UNDERGOING RESERVE TRAINING, OR WHILE PERFORMING DRILLS OR
EQUIVALENT DUTY, AND FOR MEMBERS OF THE AIR RESERVE OFFICERS' TRAINING
CORPS, AS AUTHORIZED BY LAW; $126,962,000. //81 STAT. 524, 525.//
FOR PAY, ALLOWANCES, CLOTHING, SUBSISTENCE, GRATUITIES, TRAVEL, AND
RELATED EXPENSES FOR PERSONNEL OF THE ARMY NATIONAL GUARD WHILE ON DUTY
UNDER SECTIONS 265, 3033, OR 3496 OF TITLE 10 OR SECTION 708 OF TITLE
32, UNITED STATES CODE, OR WHILE UNDERGOING TRAINING OR WHILE PERFORMING
DRILLS OR EQUIVALENT DUTY, AS AUTHORIZED BY LAW; $555,900,000. //81
STAT. 524; 70A STAT. 198, 614; 86 STAT. 203.//
FOR PAY, ALLOWANCES, CLOTHING, SUBSISTENCE, GRATUITIES, TRAVEL, AND
RELATED EXPENSES FOR PERSONNEL OF THE AIR NATIONAL GUARD ON DUTY UNDER
SECTIONS 265, 8033, OR 8496 OF TITLE 10 OR SECTION 708 OF TITLE 32,
UNITED STATES CODE, OR WHILE UNDERGOING TRAINING OR WHILE PERFORMING
DRILLS OR EQUIVALENT DUTY, AS AUTHORIZED BY LAW; $177,500,000. //70A
STAT. 524.//
FOR RETIRED PAY AND RETIREMENT PAY, AS AUTHORIZED BY LAW, OF MILITARY
PERSONNEL ON THE RETIRED LISTS OF THE ARMY, NAVY, MARINE CORPS, AND THE
AIR FORCE, INCLUDING THE RESERVE COMPONENTS THEREOF, RETAINER PAY FOR
PERSONNEL OF THE INACTIVE FLEET RESERVE AND PAYMENTS UNDER SECTION 4 OF
PUBLIC LAW 92 - 425 AND CHAPTER 73 OF TITLE 10, UNITED STATES CODE;
$4,681,900,000. //10 USC 1431.//
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY FOR THE OPERATION
AND MAINTENANCE OF THE ARMY, AS AUTHORIZED BY LAW AS FOLLOWS; FOR
STRATEGIC FORCES, $98,482,000; FOR GENERAL PURPOSE FORCES,
$1,649,394,000; FOR INTELLIGENCE AND COMMUNICATIONS, $310,178,000; FOR
CENTRAL SUPPLY AND MAINTENANCE, $1,802,832,000; FOR TRAINING OPERATIONS
AND OTHER GENERAL PERSONNEL ACTIVITIES, $1,087,131,000; FOR MEDICAL
ACTIVITIES, $597,964,000; FOR ADMINISTRATION AND ASSOCIATED ACTIVITIES,
$327,879,000; AND FOR THE SUPPORT OF OTHER NATIONS, $340,837,000; IN
ALL: $6,214,697,000: PROVIDED, THAT OF THE TOTAL AMOUNT OF THIS
APPROPRIATION, NOT TO EXCEED $3,069,000 CAN BE USED FOR EMERGENCIES AND
EXTRAORDINARY EXPENSES, TO BE EXPENDED ON THE APPROVAL OR AUTHORITY OF
THE SECRETARY OF THE ARMY, AND PAYMENT MAY BE MADE ON HIS CERTIFICATE OF
NECESSITY FOR CONFIDENTIAL MILITARY PURPOSES: PROVIDED FURTHER, THAT
NOT LESS THAN $246,000,000 OF THE TOTAL AMOUNT OF THIS APPROPRIATION
SHALL BE AVAILABLE ONLY FOR THE MAINTENANCE OF REAL PROPERTY FACILITIES:
PROVIDED FURTHER, THAT THE SECRETARY OF THE ARMY MAY TRANSFER UP TO 3
PER CENTUM OF THE AMOUNT OF ANY SUBDIVISION OF THIS APPROPRIATION TO ANY
OTHER SUBDIVISION OF THIS APPROPRIATION, BUT NO SUBDIVISION MAY THEREBY
BE INCREASED BY MORE THAN 5 PER CENTUM AND THE SECRETARY OF THE ARMY
SHALL NOTIFY THE CONGRESS PROMPTLY OF ALL TRANSFERS MADE PURSUANT TO
THIS AUTHORITY.
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY FOR THE OPERATION
AND MAINTENANCE OF THE NAVY AND THE MARINE CORPS, AS AUTHORIZED BY LAW;
AS FOLLOWS: FOR STRATEGIC FORCES, $334,236,000; FOR GENERAL PURPOSES
FORCES, $2,334,618,000; FOR INTELLIGENCE AND COMMUNICATIONS,
$303,225,000; FOR CENTRAL SUPPLY AND MAINTENANCE, $2,033,250,000; FOR
TRAINING OPERATIONS AND OTHER GENERAL PERSONNEL ACTIVITIES,
$445,810,000; FOR MEDICAL ACTIVITIES, $354,645,000; FOR ADMINISTRATION
AND ASSOCIATED ACTIVITIES, $177,285,000; AND FOR THE SUPPORT OF OTHER
NATIONS, $21,881,000; IN ALL: $6,004,950,000: PROVIDED, THAT OF THE
TOTAL AMOUNT OF THIS APPROPRIATION, NOT TO EXCEED $4,242,000 CAN BE USED
FOR EMERGENCIES AND EXTRAORDINARY EXPENSES, AS AUTHORIZED BY SECTION
7202 OF TITLE 10, UNITED STATES CODE, TO BE EXPENDED ON THE APPROVAL OR
AUTHORITY OF THE SECRETARY OF THE NAVY AND PAYMENT MAY BE MADE ON HIS
CERTIFICATE OF NECESSITY FOR CONFIDENTIAL MILITARY PURPOSES: //70A
STAT. 442.// PROVIDED FURTHER, THAT NOT LESS THAN $138,200,000 OF THE
TOTAL AMOUNT OF THIS APPROPRIATION SHALL BE AVAILABLE ONLY FOR THE
MAINTENANCE OF REAL PROPERTY FACILITIES: PROVIDED FURTHER, THAT OF THE
TOTAL AMOUNT OF THIS APPROPRIATION MADE AVAILABLE FOR THE ALTERATION,
OVERHAUL, AND REPAIR OF NAVAL VESSELS, NOT LESS THAN $851,672,000 SHALL
BE AVAILABLE FOR THE PERFORMANCE OF SUCH WORK IN NAVY SHIPYARDS AND NOT
LESS THAN $359,919,000 SHALL BE AVAILABLE FOR THE PERFORMANCE OF SUCH
WORK IN PRIVATE SHIPYARDS: PROVIDED FURTHER,
T E PERFORMANCE OF SUCH WORK IN THAT DURING FISCAL YEAR 1974 THE
MAINTENANCE, OPERATION, AND AVAILABILITY OF THE SAINT ALBANS NAVAL
HOSPITAL AT QUEENS, NEW YORK, TO MEET THE REQUIREMENTS OF THE MILITARY
NAD NAVAL FORCES AND THE RETIRED PERSONNEL THEREOF SHALL BE CONTINUED:
PROVIDED FURTHER, THAT THE SECRETARY OF THE NAVY MAY TRANSFER UP TO 3
PER CENTUM OF THE AMOUNT OF ANY SUBDIVISION OF THIS APPROPRIATION TO ANY
OTHER SUBDIVISION OF THIS APPROPRIATION, BUT NO SUBDIVISION MAY THEREBY
BE INCREASED BY MORE THAN 5 PER CENTUM AND THE SECRETARY OF THE NAVY
SHALL NOTIFY THE CONGRESS PROMPTLY OF ALL TRANSFERS MADE PURSUANT TO
THIS AUTHORITY.
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY FOR THE OPERATION
AND MAINTENANCE OF THE MARINE CORPS, AS AUTHORIZED BY LAW; AS FOLLOWS:
FOR GENERAL PURPOSE FORCES, $212,374,000; FOR INTELLIGENCE AND
COMMUNICATIONS, $889,000; FOR CENTRAL SUPPLY AND MAINTENANCE
ACTIVITIES, $66,486,000; AND FOR ADMINISTRATION AND ASSOCIATED
ACTIVITIES, $29,642,000; IN ALL: $410,645,000: PROVIDED, THAT NOT
LESS THAN $44,500,000 OF THE TOTAL OF THIS APPROPRIATION SHALL BE
AVAILABLE ONLY FOR THE MAINTENANCE OF REAL PROPERTY FACILITIES:
PROVIDED FURTHER, THAT THE SECRETARY OF THE NAVY MAY TRANSFER UP TO 3
PER CENTUM OF THE AMOUNT OF ANY SUBDIVISION OF THIS APPROPRIATION TO ANY
OTHER SUBDIVISION OF THIS APPROPRIATION, BUT NO SUBDIVISION MAY THEREBY
BE INCREASED BY MORE THAN 5 PER CENTUM AND THE SECRETARY OF THE NAVY
SHALL NOTIFY THE CONGRESS PROMPTLY OF ALL TRANSFERS MADE PURSUANT TO
THIS AUTHORITY.
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY FO R THE
OPERATION AND MAINTENANCE OF THE AIR FORCE, AS AUTHORIZED BY LAW; AS
FOLLOWS: FOR STRATEGIC FORCES, $1,108,442,000; FOR GENERAL PURPOSE
FORCES, $1,006,832,000; FOR INTELLIGENCE AND COMMUNICATIONS,
$530,843,000; FOR AIRLIFT AND SEALIFT, $177,530,000; FOR CENTRAL
SUPPLY AND MAINTENANCE, $2,304,868,000; FOR TRAINING OPERATIONS AND
OTHER GENERAL PERSONNEL ACTIVITIES, $563,266,000; FOR MEDICAL
ACTIVITIES, $377,398,000; FOR ADMINISTRATION AND ASSOCIATED ACTIVITIES,
$215,882,000; AND FOR THE SUPPORT OF OTHER NATIONS, $219,233,000; IN
ALL $6,504,294,000: PROVIDED, THAT OF THE TOTAL AMOUNT OF THIS
APPROPRIATION, NOT TO EXCEED $2,343,000 CAN BE USED FOR EMERGENCIES AND
EXTRAORDINARY EXPENSES, TO BE EXPENDED ON THE APPROVAL OR AUTHORITY OF
THE SECRETARY OF THE AIR FORCE, AND PAYMENTS MAY BE MADE ON HIS
CERTIFICATE OF NECESSITY FOR CONFIDENTIAL MILITARY PURPOSES: PROVIDED
FURTHER, THAT NOT LESS THAN $215,000,000 OF THE TOTAL AMOUNT OF THIS
APPROPRIATION SHALL BE AVAILABLE ONLY FOR THE MAINTENANCE OF REAL
PROPERTY FACILITIES: PROVIDED FURTHER, THAT THE SECRETARY OF THE AIR
FORCE MAY TRANSFER UP TO 3 PER CENTUM OF THE AMOUNT OF ANY SUBDIVISION
OF THIS APPROPRIATION TO ANY OTHER SUBDIVISION OF THIS APPROPRIATION,
BUT NO SUBDIVISION MAY THEREBY BE INCREASED BY MORE THAN 5 PER CENTUM
AND THE SECRETARY OF THE AIR FORCE SHALL NOTIFY THE CONGRESS PROMPTLY OF
ALL TRANSFERS MADE PURSUANT TO THIS AUTHORITY.
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY FOR THE OPERATION
AND MAINTENANCE OF ACTIVITIES AND AGENCIES OF THE DEPARTMENT OF DEFENSE
(OTHER THAN THE MILITARY DEPARTMENTS AND THE DEFENSE CIVIL PREPAREDNESS
AGENCY), AS AUTHORIZED BY LAW; AS FOLLOWS: FOR THE SECRETARY OF
DEFENSE ACTIVITIES, $49,749,000; FOR THE ORGANIZATION OF THE JOINT
CHIEFS OF STAFF, $8,305,000; FOR THE OFFICE OF INFORMATION FOR THE
ARMED FORCES, $11,225,000; FOR THE ARMED FORCES INSTITUTE, $5,757,000;
FOR THE DEFENSE CONTRACT AUDIT AGENCY, $57,250,000; FOR THE DEFENSE
INVESTIGATIVE SERVICE, $20,320,000; FOR THE DEFENSE MAPPING AGENCY,
$148,149,000; FOR THE DEFENSE NUCLEAR AGENCY, $9,940,000; FOR THE
DEFENSE SUPPLY AGENCY, $697,344,000; AND FOR INTELLIGENCE AND
COMMUNICATIONS ACTIVITIES, $446,859,000; IN ALL: $1,454,898,000:
PROVIDED, THAT OF THE TOTAL AMOUNT OF THIS APPROPRIATION, NOT TO EXCEED
$5,448,000 CAN BE USED FOR EMERGENCIES AND EXTRAORDINARY EXPENSES, TO BE
EXPENDED ON THE APPROVAL OR AUTHORITY OF THE SECRETARY OF DEFENSE, AND
PAYMENT MAY BE MADE ON HIS CERTIFICATE OF NECESSITY FOR CONFIDENTIAL
MILITARY PURPOSES: PROVIDED FURTHER, THAT NOT LESS THAN $17,100,000 OF
THE TOTAL AMOUNT OF THIS APPROPRIATION SHALL BE AVAILABLE ONLY FOR THE
MAINTENANCE OF REAL PROPERTY FACILITIES: PROVIDED FURTHER, THAT THE
SECRETARY OF DEFENSE MAY TRANSFER UP TO 3 PER CENTUM OF THE AMOUNT OF
ANY SUBDIVISION OF THIS APPROPRIATION TO ANY OTHER SUBDIVISION OF THIS
APPROPRIATION, BUT NO SUBDIVISION MAY THEREBY BE INCREASED BY MORE THAN
5 PER CENTUM AND THE SECRETARY OF DEFENSE SHALL NOTIFY THE CONGRESS
PROMPTLY OF ALL TRANSFERS MADE PURSUANT TO THIS AUTHORITY.
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY FOR THE OPERATION
AND MAINTENANCE, INCLUDING TRAINING, ORGANIZATION, AND ADMINISTRATION,
OF THE ARMY RESERVE; REPAIR OF FACILITIES AND EQUIPMENT; HIRE OF
PASSENGER MOTOR VEHICLES; TRAVEL AND TRANSPORTATION; CARE OF THE DEAD;
RECRUITING; PROCUREMENT OF SERVICES, SUPPLIES, AND EQUIPMENT; AND
COMMUNICATION; $253,900,000, OF WHICH NOT LESS THAN $14,000,000 SHALL
BE AVAILABLE ONLY FOR THE MAINTENANCE OF REAL PROPERTY FACILITIES.
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY FOR THE OPERATION
AND MAINTENANCE, INCLUDING TRAINING, ORGANIZATION, AND ADMINISTRATION,
OF THE NAVY RESERVE; REPAIR OF FACILITIES AND EQUIPMENT; HIRE OF
PASSENGER MOTOR VEHICLES; TRAVEL AND TRANSPORTATION; CARE OF THE DEAD;
RECRUTING; PROCUREMENT OF SERVICES, SUPPLIES, AND EQUIPMENT; AND
COMMUNICATIONS; $170,750,000, OF WHICH NOT LESS THAN $9,500,000 SHALL
BE AVAILABLE ONLY FOR THE MAINTENANCE OF REAL PROPERTY FACILITIES.
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY FOR THE OPERATION
AND MAINTENANCE, INCLUDING TRAINING, ORGANIZATION, AND ADMINISTRATION,
OF THE MARINE CORPS RESERVE; REPAIR OF FACILITIES AND EQUIPMENT; HIRE
OF PASSENGER MOTOR VEHICLES; TRAVEL AND TRANSPORTATION; CARE OF THE
DEAD; RECRUITING; PROCUREMENT OF SERVICES, SUPPLIES, AND EQUIPMENT;
AND COMMUNICATIONS; $11,000,000, OF WHICH NOT LESS THAN $800,000 SHALL
BE AVAILABLE ONLY FOR THE MAINTENANCE OF REAL PROPERTY FACILITIES.
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, NECESSARY FOR THE OPERATION
AND MAINTENANCE, INCLUDING TRAINING, ORGANIZATION, AND ADMINISTRATION,
OF THE AIR FORCE RESERVE; REPAIR OF FACILITIES AND EQUIPMENT; HIRE OF
PASSENGER MOTOR VEHICLES; TRAVEL AND TRANSPORTATION; CARE OF THE DEAD;
RECRUITING; PROCUREMENT OF SERVICES, SUPPLIES, AND EQUIPMENT; AND
COMMUNICATIONS; $221,900,000, OF WHICH NOT LESS THAN $4,200,000 SHALL
BE AVAILABLE ONLY FOR THE MAINTENANCE OF REAL PROPERTY FACILITIES.
FOR EXPENSES OF TRAINING, ORGANIZING, AND ADMINISTERING THE ARMY
NATIONAL GUARD, INCLUDING MEDICAL AND HOSPITAL TREATMENT AND RELATED
EXPENSES IN NON-FEDERAL HOSPITALS; MAINTENANCE, OPERATIONS, AND REPAIRS
TO STRUCTURES AND FACILITIES; HIRE OF PASSENGER MOTOR VEHICLES;
PERSONNEL SERVICES IN THE NATIONAL GUARD BUREAU; TRAVEL EXPENSES (OTHER
THAN MILEAGE), AS AUTHORIZED BY LAW FOR ARMY PERSONNEL ON ACTIVE DUTY,
FOR ARMY NATIONAL GUARD DIVISION, REGIMENTAL, AND BATTALION COMMANDERS
WHILE INSPECTING UNITS IN COMPLIANCE WITH NATIONAL GUARD REGULATIONS
WHEN SPECIFICALLY AUTHORIZED BY THE CHIEF, NATIONAL GUARD BUREAU;
SUPPLYING AND EQUIPPING THE ARMY NATIONAL GUARD AS AUTHORIZED BY LAW;
AND EXPENSES OF REPAIR, MODIFICATION, MAINTENANCE, NAD ISSUE OF SUPPLIES
AND EQUIPMENT (INCLUDING AIRCRAFT); $524,400,000, OF WHICH NOT LESS
THAN $2,000,000 SHALL BE AVAILABLE ONLY FOR THE MAINTENANCE OF REAL
PROPERTY FACILITIES.
FOR OPERATION AND MAINTENANCE OF THE AIR NATIONAL GUARD, INCLUDING
MEDICAL AND HOSPITAL TREATMENT AND RELATED EXPENSES IN NON-FEDERAL
HOSPITALS; MAINTENANCE, OPERATION, REPAIR, AND OTHER NECESSARY EXPENSES
OF FACILITIES FOR THE TRAINING AND ADMINISTRATION OF THE AIR NATIONAL
GUARD, INCLUDING REPAIR OF FACILITIES, MAINTENANCE, OPERATION, AND
MODIFICATION OF AIRCRAFT; TRANSPORTATION OF THINGS; HIRE OF PASSENGER
MOTOR VEHICLES; SUPPLIES, MATERIALS, AND EQUIPMENT, AS AUTHORIZED BY
LAW FOR THE AIR NATIONAL GUARD; AND EXPENSES INCIDENT TO THE
MAINTENANCE AND USE OF SUPPLIES, MATERIALS, AND EQUIPMENT, INCLUDING
SUCH AS MAY BE FURNISHED FROM STOCKS UNDER THE CONTROL OF AGENCIES OF
THE DEPARTMENT OF DEFENSE; TRAVEL EXPENSES (OTHER THAN MILEAGE) ON THE
SAME BASIS AS AUTHORIZED BY LAW FOR AIR NATIONAL GUARD PERSONNEL ON
ACTIVE FEDERAL DUTY, OR AIR NATIONAL GUARD COMMANDERS WHILE INSPECTING
UNITS IN COMPLIANCE WITH NATIONAL GUARD REGULATIONS WHEN SPECIFICALLY
AUTHORIZED BY THE CHIEF, NATIONAL GUARD BUREAU; $514,250,000, OF WHICH
NOT LESS THAN $3,500,000 SHALL BE AVAILABLE ONLY FOR THE MAINTENANCE OF
REAL PROPERTY FACILITIES.
FOR THE NECESSARY EXPENSES OF CONSTRUCTION, EQUIPMENT, AND
MAINTENANCE OF RIFLE RANGES, THE INSTRUCTION OF CITIZENS IN
MARKSMANSHIP, AND PROMOTION OF RIFLE PRACTICE, IN ACCORDANCE WITH LAW,
INCLUDING TRAVEL OF RIFLE TEAMS, MILITARY PERSONNEL, AND INDIVIDUALS
ATTENDING REGIONAL, NATIONAL, AND INTERNATIONAL COMPETITIONS, AND NOT TO
EXCEED $10,000 FOR INCIDENTAL EXPENSES OF THE NATIONAL BOARD; $159,000:
PROVIDED, THAT TRAVEL EXPENSES OF CIVILIAN MEMBERS OF THE NATIONAL
BOARD SHALL BE PAID IN ACCORDANCE WITH THE STANDARDIZED GOVERNMENT
TRAVEL REGULATIONS, AS AMENDED.
FOR PAYMENT, NOT OTHERWISE PROVIDED FOR, OF CLAIMS AUTHORIZED BY LAW
TO BE PAID BY THE DEPARTMENT OF DEFENSE (EXCEPT FOR CIVIL FUNCTIONS),
INCLUDING CLAIMS FOR DAMAGES ARISING UNDER TRAINING CONTRACTS WITH
CARRIERS, AND REPAYMENT OF AMOUNTS DETERMINED BY THE SECRETARY
CONCERNED, OR OFFICERS DESIGNATED BY HIM, TO HAVE BEEN ERRONEOUSLY
COLLECTED FROM MILITARY AND CIVILIAN PERSONNEL OF THE DEPARTMENT OF
DEFENSE, OR FROM STATES, TERRITORIES, OR THE DISTRICT OF COLUMBIA, OR
MEMBERS OF THE NATIONAL GUARD UNITS THEREOF; $49,100,000.
FOR EMERGENCIES AND EXTRAORDINARY EXPENSES ARISING IN THE DEPARTMENT
OF DEFENSE, TO BE EXPENDED ON THE APPROVAL OR AUTHORITY OF THE SECRETARY
OF DEFENSE AND SUCH EXPENSES MAY BE ACCOUNTED FOR SOLELY ON HIS
CERTIFICATE THAT THE EXPENDITURES WERE NECESSARY FOR CONFIDENTIAL
MILITARY PURPOSES; $5,000,000.
FOR SALARIES AND EXPENSES NECESSARY FOR THE UNITED STATES COURT OF
MILITARY APPEALS; $864,000.
FOR CONSTRUCTION, PROCUREMENT, PRODUCTION, MODIFICATION, AND
MODERNIZATION OF AIRCRAFT, EQUIPMENT, INCLUDING ORDNANCE, GROUND
HANDLING EQUIPMENT, SPARE PARTS, AND ACCESSORIES THEREFOR; SPECIALIZED
EQUIPMENT AND TRAINING DEVICES; EXPANSION OF PUBLIC AND PRIVATE PLANTS,
INCLUDING THE LAND NECESSARY THEREFOR, WITHOUT REGARD TO SECTION 4774,
TITLE 10, UNITED STATES CODE, FOR THE FOREGOING PURPOSES, AND SUCH LANDS
AND INTERESTS THEREIN, MAY BE ACQUIRED, AND CONSTRUCTION PROSECUTED
THEREON PRIOR TO APPROVAL OF TITLE AS REQUIRED BY SECTION 355, REVISED
STATUTES, AS AMENDED; AND PROCUREMENT AND INSTALLATION OF EQUIPMENT,
APPLIANCES, AND MACHINE TOOLS IN PUBLIC AND PRIVATE PLANTS; AND OTHER
EXPENSES NECESSARY FOR THE FOREGOING PURPOSES; $138,400,000, AND IN
ADDITION, $21,400,000, OF WHICH $6,700,000 SHALL BE DERIVED BY TRANSFER
FROM "AIRCRAFT PROCUREMENT, ARMY, 1972/1974" AND $14,700,000 SHALL BE
DERIVED BY TRANSFER FROM "AIRCRAFT PROCUREMENT, ARMY 1973/ 1975", TO
REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976. //70A STAT. 269;
83 STAT. 312; 85 STAT. 408. 40 USC 255.//
FOR CONSTRUCTION, PROCUREMENT, PRODUCTION, MODIFICATION, AND
MODERNIZATION OF MISSILES, EQUIPMENT, INCLUDING ORDNANCE, GROUND
HANDLING EQUIPMENT, SPARE PARTS, AND ACCESSORIES THEREFOR; SPECIALIZED
EQUIPMENT AND TRAINING DEVICES; EXPANSION OF PUBLIC AND PRIVATE PLANTS,
INCLUDING THE LAND NECESSARY THEREFOR, WITHOUT REGARD TO SECTION 4774,
TITLE 10, UNITED STATES CODE, FOR THE FOREGOING PURPOSES, AND SUCH LANDS
AND INTERESTS THEREIN, MAY BE ACQUIRED, AND CONSTRUCTION PROSECUTED
THEREON PRIOR TO APPROVAL OF TITLE AS REQUIRED BY SECTION 355, REVISED
STATUTES, AS AMENDED; AND PROCUREMENT AND INSTALLATION OF EQUIPMENT,
APPLIANCES, AND MACHINE TOOLS IN PUBLIC AND PRIVATE PLANTS; AND OTHER
EXPENSES NECESSARY FOR THE FOREGOING PURPOSES; $525,100,000, AND IN
ADDITION, $22,000,000, OF WHICH $5,000,000 SHALL BE DERIVED BY TRANSFER
FROM "MISSILE PROCUREMENT, ARMY 1972/1974" AND $17,000,000 SHALL BE
DERIVED FROM "MISSILE PROCUREMENT, ARMY 1973/1975", TO REMAIN AVAILABLE
FOR OBLIGATION UNTIL JUNE 30, 1976. //40 USC 255.//
FOR CONSTRUCTION, PROCUREMENT, PRODUCTION, AND MODIFICATION OF
WEAPONS AND TRACKED COMBAT VEHICLES, EQUIPMENT, INCLUDING ORDNANCE,
SPARE PARTS, AND ACCESSORIES THEREFOR; SPECIALIZED EQUIPMENT; TRAINING
DEVICES; EXPANSION OF PUBLIC AND PRIVATE PLANTS, INCLUDING THE LAND
NECESSARY THEREFOR, WITHOUT REGARD TO SECTION 4774, TITLE 10, UNITED
STATES CODE, FOR THE FOREGOING PURPOSES, AND SUCH LANDS AND INTEREST
THEREIN, MAY BE ACQUIRED, AND CONSTRUCTION PROSECUTED THEREON PRIOR TO
APPROVAL OF TITLE AS REQUIRED BY SECTION 355, REVISED STATUTES, AS
AMENDED; AND PROCUREMENT AND INSTALLATION OF EQUIPMENT, APPLIANCES, AND
MACHINE TOOLS IN PUBLIC AND PRIVATE PLANTS; AND OTHER EXPENSES
NECESSARY FOR THE FOREGOING PURPOSES; $224,300,000, TO REMAIN AVAILABLE
FOR OBLIGATION UNTIL JUNE 30, 1976. //70A STAT. 269; 83 STAT. 312; 85
STAT. 408.//
FOR CONSTRUCTION, PROCUREMENT, PRODUCTION, AND MODIFICATION OF
AMMUNITION, AND ACCESSORIES THEREFOR; SPECIALIZED EQUIPMENT AND
TRAINING DEVICES; EXPANSION OF PUBLIC AND PRIVATE PLANTS, INCLUDING THE
LAND NECESSARY THEREFOR, WITHOUT REGARD TO SECTION 4774, TITLE 10,
UNITED STATES CODE, FOR THE FOREGOING PURPOSES, AND SUCH LANDS AND
INTEREST THEREIN, MAY BE ACQUIRED, AND CONSTRUCTION PROSECUTED THEREON
PRIOR TO APPROVAL OF TITLE AS REQUIRED BY SECTION 355, REVISED STATUTES,
AS AMENDED; AND PROCUREMENT AND INSTALLATION OF EQUIPMENT, APPLIANCES,
AND MACHINE TOOLS IN PUBLIC AND PRIVATE PLANTS; AND OTHER EXPENSES
NECESSARY FOR THE FOREGOING PURPOSES; $784,300,000, AND IN ADDITION,
$146,100,000, OF WHICH $100,000,000 SHALL BE DERIVED BY TRANSFER FROM
THE ARMY STOCK FUND, AND $46,100,000 WHICH SHALL BE DERIVED BY TRANSFER
FROM "PROCUREMENT OF AMMUNITION, ARMY, 1973/1975", TO REMAIN AVAILABLE
FOR OBLIGATION UNTIL JUNE 30, 1976.
FOR CONSTRUCTION, PROCUREMENT, PRODUCTION, AND MODIFICATION OF
VEHICLES, INCLUDING TACTICAL, SUPPORT, AND NONTRACKED COMBAT VEHICLES;
COMMUNICATIONS AND ELECTRONIC EQUIPMENT; OTHER SUPPORT EQUIPMENT;
SPARE PARTS, ORDNANCE AND ACCESSORIES THEREFOR; SPECIALIZED EQUIPMENT
AND TRAINING DEVICES; EXPANSION OF PUBLIC AND PRIVATE PLANTS, INCLUDING
THE LAND NECESSARY THEREFOR, WITHOUT REGARD TO SECTION 4774, TITLE 10,
UNITED STATES CODE, FOR THE FOREGOING PURPOSES, AND SUCH LANDS AND
INTEREST THEREIN, MAY BE ACQUIRED, AND CONSTRUCTION PROSECUTED THEREON
PRIOR TO APPROVAL OF TITLE AS REQUIRED BY SECTION 355, REVISED STATUTES,
AS AMENDED; AND PROCUREMENT AND INSTALLATION OF EQUIPMENT, APPLIANCES,
AND MACHINE TOOLS IN PUBLIC AND PRIVATE PLANTS; AND OTHER EXPENSES
NECESSARY FOR THE FOREGOING PURPOSES; $461,690,000, AND IN ADDITION,
$39,500,000 OF WHICH $20,500,000 SHALL BE DERIVED BY TRANSFER FROM
"OTHER PROCUREMENT, ARMY, 1972/1974" AND $19,000,000 SHALL BE DERIVED BY
TRANSFER FROM "OTHER PROCUREMENT, ARMY, 1973/1975", TO REMAIN AVAILABLE
FOR OBLIGATION UNTIL JUNE 30, 1976.
FOR CONSTRUCTION, PROCUREMENT, PRODUCTION, MODIFICATION, AND
MODERNIZATION OF AIRCRAFT, EQUIPMENT INCLUDING ORDNANCE, SPARE PARTS,
AND ACCESSORIES THEREFOR; SPECIALIZED EQUIPMENT, EXPANSION OF PUBLIC
AND PRIVATE PLANTS, INCLUDING THE LAND NECESSARY THEREFOR, AND SUCH
LANDS AND INTERESTS THEREIN, MAY BE ACQUIRED, AND CONSTRUCTION
PROSECUTED THEREON PRIOR TO APPROVAL OF TITLE AS REQUIRED BY SECTION
355, REVISED STATUTES, AS AMENDED; AND PROCUREMENT AND INSTALLATION OF
EQUIPMENT, APPLIANCES, AND MACHINE TOOLS IN PUBLIC OR PRIVATE PLANTS;
$2,722,700,000, AND IN ADDITION, $106,800,000, OF WHICH $40,000,000
SHALL BE DERIVED BY TRANSFER FROM "PROCUREMENT OF AIRCRAFT AND MISSILES,
NAVY, 1972/1974" AND $66,800,000 SHALL BE DERIVED BY TRANSFER FROM
"PROCUREMENT OF AIRCRAFT AND MISSILES, NAVY, 1973/1975", TO REMAIN
AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976. //40 USC 255.//
FOR CONSTRUCTION, PROCUREMENT, PRODUCTION, MODIFICATION, AND
MODERNIZATION OF MISSILES, TORPEDOES, OTHER WEAPONS, AND RELATED SUPPORT
EQUIPMENT INCLUDING SPARE PARTS, AND ACCESSORIES THEREFOR; EXPANSION OF
PUBLIC AND PRIVATE PLANTS, INCLUDING THE LAND NECESSARY THEREFOR, AND
SUCH LANDS AND INTERESTS THEREIN, MAY BE ACQUIRED, AND CONSTRUCTION
PROSECUTED THEREON PRIOR TO APPROVAL OF TITLE AS REQUIRED BY SECTION
355, REVISED STATUTES, AS AMENDED; AND PROCUREMENT AND INSTALLATION OF
EQUIPMENT, APPLIANCES, AND MACHINE TOOLS IN PUBLIC OR PRIVATE PLANTS;
$800,700,000, OF WHICH $5,000,000 SHALL BE AVAILABLE ONLY FOR THE
TRIDENT PROGRAM, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976.
FOR EXPENSES NECESSARY FOR THE CONSTRUCTION, ACQUISITION, OR
CONVERSION OF VESSELS AS AUTHORIZED BY LAW, INCLUDING ARMOR AND ARMAMENT
THEREOF, PLANT EQUIPMENT, APPLIANCES, AND MACHINE TOOLS AND INSTALLATION
THEREOF IN PUBLIC OR PRIVATE PLANTS; PROCUREMENT OF CRITICAL, LONG
LEADTIME COMPONENTS AND DESIGNS FOR VESSELS TO BE CONSTRUCTED OR
CONVERTED IN THE FUTURE; AND EXPANSION OF PUBLIC AND PRIVATE PLANTS,
INCLUDING LAND NECESSARY THEREFOR, AND SUCH LANDS AND INTERESTS THEREIN,
MAY BE ACQUIRED, AND CONSTRUCTION PROSECUTED THEREON PRIOR TO APPROVAL
OF TITLE AS REQUIRED BY SECTION 355, REVISED STATUTES, AS AMENDED;
$3,468,100,000, OF WHICH $627,800,000 SHALL BE AVAILABLE ONLY FOR THE
TRIDENT PROGRAM, $913,200,000 SHALL BE AVAILABLE ONLY FOR THE SSN - 688
CLASS SUBMARINE PROGRAM, AND $79,000,000 SHALL BE AVAILABLE ONLY FOR
ADVANCE PROCUREMENT F,NDING FOR DLGN - 41 AND DLGN - 42 NUCLEAR-POWERED
FRIGATES, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1978:
PROVIDED, THAT NONE OF THE FUNDS HEREIN PROVIDED FOR THE CONSTRUCTION OR
CONVERSION OF ANY NAVAL VESSEL TO BE CONSTRUCTED IN SHIPYARDS IN THE
UNITED STATES SHALL BE EXPENDED IN FOREIGN SHIPYARDS FOR THE
CONSTRUCTION OF MAJOR COMPONENTS OF THE HULL OR SUPERSTRUCTURE OF SUCH
VESSEL: PROVIDED FURTHER, THAT NONE OF THE FUNDS HEREIN PROVIDED SHALL
BE USED FOR THE CONSTRUCTION OF ANY NAVAL VESSEL IN FOREIGN SHIPYARDS.
FOR PROCUREMENT, PRODUCTION, AND MODERNIZATION OF SUPPORT EQUIPMENT
AND MATERIALS NOT OTHERWISE PROVIDED FOR, NAVY ORDNANCE AND AMMUNITION
(EXCEPT ORDNANCE FOR NEW AIRCRAFT, NEW SHIPS, AND SHIPS AUTHORIZED FOR
CONVERSION), EXPANSION OF PUBLIC AND PRIVATE PLANTS, INCLUDING THE LAND
NECESSARY THEREFOR, AND SUCH LANDS AND INTERESTS THEREIN, MAY BE
ACQUIRED, AND CONSTRUCTION PROSECUTED THEREON PRIOR TO APPROVAL OF TITLE
AS REQUIRED BY SECTION 355, REVISED STATUTES, AS AMENDED; AND
PROCUREMENT AND INSTALLATION OF EQUIPMENT, APPLIANCES, AND MACHINE TOOLS
IN PUBLIC OR PRIVATE PLANTS; $1,204,200,000, OF WHICH $26,400,000 SHALL
BE AVAILABLE ONLY FOR THE TRIDENT PROGRAM, AND IN ADDITION, $45,000,000,
OF WHICH $10,000,000 SHALL BE DERIVED BY TRANSFER FROM "OTHER
PROCUREMENT, NAVY, 1972/1974" AND $35,000,000 SHALL BE DERIVED BY
TRANSFER FROM "OTHER PROCUREMENT, NAVY, 1973/1975", TO REMAIN AVAILABLE
FOR OBLIGATION UNTIL JUNE 30, 1976. //40 USC 255.//
FOR EXPENSES NECESSARY FOR THE PROCUREMENT, MANUFACTURE, AND
MODIFICATION OF MISSILES, ARMAMENT, AMMUNITION, MILITARY EQUIPMENT,
SPARE PARTS, AND ACCESSORIES THEREFOR; PLANT EQUIPMENT, APPLIANCES, AND
MACHINE TOOLS, AND INSTALLATION THEREOF IN PUBLIC OR PRIVATE PLANTS, AND
VEHICLES FOR THE MARINE CORPS; $173,932,000, AND IN ADDITION,
$5,000,000 OF WHICH $3,000,000 SHALL BE DERIVED BY TRANSFER FROM
"PROCUREMENT, MARINE CORPS, 1972/1974" AND $2,000,000 WHICH SHALL BE
DERIVED BY TRANSFER FROM "PROCUREMENT, MARINE CORPS, 1973/1975", TO
REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976.
FOR CONSTRUCTION, PROCUREMENT, AND MODIFICATION OF AIRCRAFT AND
EQUIPMENT, INCLUDING ARMOR AND ARMAMENT, SPECIALIZED GROUND HANDLING
EQUIPMENT, AND TRAINING DEVICES, SPARE PARTS, AND ACCESSORIES THEREFOR;
SPECIALIZED EQUIPMENT; EXPANSION OF PUBLIC AND PRIVATE PLANTS,
GOVERNMENT-OWNED EQUIPMENT AND INSTALLATION THEREOF IN SUCH PLANTS,
ERECTION OF STRUCTURES, AND ACQUISITION OF LAND WITHOUT REGARD TO
SECTION 9774 OF TITLE 10, UNITED STATES CODE, FOR THE FOREGOING
PURPOSES, AND SUCH LANDS AND INTERESTS THEREIN, MAY BE ACQUIRED, AND
CONSTRUCTION PROSECUTED THEREON PRIOR TO THE APPROVAL OF TITLE AS
REQUIRED BY SECTION 355, REVISED STATUTES, AS AMENDED; RESERVE PLANT
AND EQUIPMENT LAYAWAY; AND OTHER EXPENSES NECESSARY FOR THE FOREGOING
PURPOSES, INCLUDING RENTS AND TRANSPORTATION OF THINGS; $2,720,400,000,
OF WHICH $28,300,000 SHALL BE AVAILABLE FOR REIMBURSEMENT TO THE
APPROPRIATION "MILITARY ASSISTANCE", AND IN ADDITION, $54,000,000, OF
WHICH $30,000,000 SHALL BE DERIVED BY TRANSFER FROM "AIRCRAFT
PROCUREMENT, AIR FORCE, 1972/1974" AND $24,000,000 SHALL BE DERIVED BY
TRANSFER FROM "AIRCRAFT PROCUREMENT, AIR FORCE, 1973/1975", AND OF THE
TOTAL FUNDS TRANSFERRED, $41,000,000 SHALL BE AVAILABLE FOR
REIMBURSEMENT TO THE APPROPRIATION "MILITARY ASSISTANCE", TO REMAIN
AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1976. //70A STAT. 590; 83 STAT.
312; 85 STAT. 408. 40 USC 255.//
FOR CONSTRUCTION, PROCUREMENT, AND MODIFICATION OF MISSILES, ROCKETS,
AND RELATED EQUIPMENT, INCLUDING SPARE PARTS AND ACCESSORIES THEREFOR,
GROUND HANDLING EQUIPMENT, AND TRAINING DEVICES; EXPANSION OF PUBLIC
AND PRIVATE PLANTS, GOVERNMENT-OWNED EQUIPMENT AND INSTALLATION THEREOF
IN SUCH PLANTS, ERECTION OF STRUCTURES, AND ACQUISITION OF LAND WITHOUT
REGARD TO SECTION 9774 OF TITLE 10, UNITED STATES CODE, FOR THE
FOREGOING PURPOSES, AND SUCH LANDS AND INTERESTS THEREIN, MAY BE
ACQUIRED, AND CONSTRUCTION PROSECUTED THEREON PRIOR TO THE APPROVAL OF
TITLE AS REQUIRED BY SECTION 355, REVISED STATUTES, AS AMENDED; RESERVE
PLANT AND EQUIPMENT LAYAWAY; AND OTHER EXPENSES NECESSARY FOR THE
FOREGOING PURPOSES INCLUDING RENTS AND TRANSPORTATION OF THINGS;
$1,393,300,000, AND IN ADDITION, $30,000,000 OF WHICH $20,000,000 SHALL
BE DERIVED BY TRANSFER FROM "MISSILE PROCUREMENT, AIR FORCE, 1972/1974"
AND $10,000,000 SHALL BE DERIVED BY TRANSFER FROM "MISSILE PROCUREMENT,
AIR FORCE 1973/1975", TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30,
1976.
FOR PROCUREMENT AND MODIFICATION OF EQUIPMENT (INCLUDING GROUND
GUIDANCE AND ELECTRONIC CONTROL EQUIPMENT, AND GROUND ELECTRONIC AND
COMMUNICATION EQUIPMENT), AND SUPPLIES, MATERIALS, AND SPARE PARTS
THEREFOR, NOT OTHERWISE PROVIDED FOR; AND EXPANSION OF PUBLIC AND
PRIVATE PLANTS, GOVERNMENT-OWNED EQUIPMENT AND INSTALLATION THEREOF IN
SUCH PLANTS, ERECTION OF STRUCTURES, AND ACQUISITION OF LAND WITHOUT
REGARD TO SECTION 9774 OF TITLE 10, UNITED STATES CODE, FOR THE
FOREGOING PURPOSES, AND SUCH LANDS AND INTERESTS THEREIN MAY BE
ACQUIRED, AND CONSTRUCTION PROSECUTED THEREON PRIOR TO THE APPROVAL OF
TITLE AS REQUIRED BY SECTION 355, REVISED STATUTES, AS AMENDED;
$1,542,700,000, AND IN ADDITION, $30,000,000, OF WHICH $17,000,000 SHALL
BE DERIVED BY TRANSFER FROM "OTHER PROCUREMENT, AIR FORCE, 1972/ 1974"
AND $13,000,000 SHALL BE DERIVED BY TRANSFER FROM "OTHER PROCUREMENT,
AIR FORCE, 1973/1975", TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30,
1976. //70A STAT. 590; 83 STAT. 312; 85 STAT. 408. 40 USC 255.//
FOR EXPENSES OF ACTIVITIES AND AGENCIES OF THE DEPARTMENT OF DEFENSE
(OTHER THAN THE MILITARY DEPARTMENTS AND THE DEFENSE CIVIL PREPAREDNESS
AGENCY) NECESSARY FOR PROCUREMENT, PRODUCTION, AND MODIFICATION OF
EQUIPMENT, SUPPLIES, MATERIALS, AND SPARE PARTS THEREFOR, NOT OTHERWISE
PROVIDED FOR; EXPANSION OF PUBLIC AND PRIVATE STRUCTURES, AND
ACQUISITION OF LAND FOR THE FOREGOING PURPOSES, AND SUCH LANDS AND
INTERESTS THEREIN, MAY BE ACQUIRED, AND CONSTRUCTION PROSECUTED THEREON
PRIOR TO THE APPROVAL OF TITLE AS REQUIRED BY SECTION 355, REVISED
STATUTES, AS AMENDED; $66,000,000, TO REMAIN AVAILABLE FOR OBLIGATION
UNTIL JUNE 30, 1976.
FOR EXPENSES NECESSARY FOR BASIC AND APPLIED SCIENTIFIC RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION, INCLUDING MAINTENANCE,
REHABILITATION, LEASE, AND OPERATION OF FACILITIES AND EQUIPMENT, AS
AUTHORIZED BY LAW; $1,912,100,000, AND IN ADDITION, $3,500,000 TO BE
DERIVED BY TRANSFER FROM "RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,
ARMY, 1973/1974", TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30,
1975.
FOR EXPENSES NECESSARY FOR BASIC AND APPLIED SCIENTIFIC RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION, INCLUDING MAINTENANCE,
REHABILITATION, LEASE, AND OPERATION OF FACILITIES AND EQUIPMENT, AS
AUTHORIZED BY LAW; $2,651,805,000, TO REMAIN AVAILABLE FOR OBLIGATION
UNTIL JUNE 30, 1975: PROVIDED FURTHER, THAT NO PART OF THE
APPROPRIATION CONTAINED IN THIS ACT SHALL BE USED FOR FULL SCALE
DEVELOPMENT OF PROJECT SANGUINE.
FOR EXPENSES NECESSARY FOR BASIC AND APPLIED SCIENTIFIC RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION, INCLUDING MAINTENANCE,
REHABILITATION, LEASE, AND OPERATION OF FACILITIES AND EQUIPMENT, AS
AUTHORIZED BY LAW; $3,042,000,000, TO REMAIN AVAILABLE FOR OBLIGATION
UNTIL JUNE 30, 1975.
FOR EXPENSES OF ACTIVITIES AND AGENCIES OF THE DEPARTMENT OF DEFENSE
(OTHER THAN THE MILITARY DEPARTMENTS AND THE DEFENSE CIVIL PREPAREDNESS
AGENCY), NECESSARY FOR BASIC AND APPLIED SCIENTIFIC RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION; ADVANCED RESEARCH PROJECTS AS MAY BE
DESIGNATED AND DETERMINED BY THE SECRETARY OF DEFENSE, PURSUANT TO LAW;
MAINTENANCE, REHABILITATION, LEASE, AND OPERATION OF FACILITIES AND
EQUIPMENT, AS AUTHORIZED BY LAW; $457,900,000, TO REMAIN AVAILABLE FOR
OBLIGATION UNTIL JUNE 30, 1975: PROVIDED, THAT SUCH AMOUNTS AS MAY BE
DETERMINED BY THE SECRETARY OF DEFENSE TO HAVE BEEN MADE AVAILABLE IN
OTHER APPROPRIATIONS AVAILABLE TO THE DEPARTMENT OF DEFENSE DURING THE
CURRENT FISCAL YEAR FOR PROGRAMS RELATED TO ADVANCED RESEARCH MAY BE
TRANSFERRED TO AND MERGED WITH THIS APPROPRIATIONS TO BE AVAILABLE FOR
THE SAME PURPOSES AND TIME PERIOD: PROVIDED FURTHER, THAT SUCH AMOUNTS
OF THIS APPROPRIATION AS MAY BE DETERMINED BY THE SECRETARY OF DEFENSE
MAY BE TRANSFERRED TO CARRY OUT THE PURPOSES OF ADVANCED RESEARCH TO
THOSE APPROPRIATIONS FOR MILITARY FUNCTIONS UNDER THE DEPARTMENT OF
DEFENSE WHICH ARE BEING UTILIZED FOR RELATED PROGRAMS, TO BE MERGED WITH
AND TO BE AVAILABLE FOR THE SAME TIME PERIOD AS THE APPROPRIATION TO
WHICH TRANSFERRED
FOR EXPENSES, NOT OTHERWISE PROVIDED FOR, OF INDEPENDENT ACTIVITIES
OF THE DIRECTOR OF DEFENSE TEST AND EVALUATION IN THE DIRECTION AND
SUPERVISION OF TEST AND EVALUATION, INCLUDING INITIAL OPERATIONAL
TESTING AND EVALUATION; AND PERFORMANCE OF JOINT TESTING AND
EVALUATION; AND ADMINISTRATIVE EXPENSES IN CONNECTION THEREWITH,
$24,600,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL JUNE 30, 1975.
FOR PAYMENT IN FOREIGN CURRENCIES WHICH THE TREASURY DEPARTMENT
DETERMINES TO BE EXCESS TO THE NORMAL REQUIREMENTS OF THE UNITED STATES
FOR EXPENSES OF CARRYING OUT PROGRAMS OF THE DEPRRTMENT OF DEFENSE, AS
AUTHORIZED BY LAW, $2,600,000, TO REMAIN AVAILABLE FOR OBLIGATION UNTIL
JUNE 30, 1975: PROVIDED, THAT THIS APPROPRIATION SHALL BE AVAILABLE, IN
ADDITION TO OTHER APPROPRIATIONS TO SUCH DEPARTMENT, FOR PAYMENTS IN THE
FOREGOING CURRENCIES.
SEC. 701. NO PRRT OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
BE USED FOR PUBLICITY OR PROPAGANDA PURPOSES NOT AUTHORIZED BY THE
CONGRESS.
SEC. 702. DURING THE CURRENT FISCAL YEAR, THE SECRETARY OF DEFENSE
AND THE SECRETARIES OF THE ARMY, NAVY, AND AIR FORCE, RESPECTIVELY, IF
THEY SHOULD DEEM IT ADVANTAGEOUS TO THE NATIONAL DEFENSE, AND IF IN
THEIR OPINIONS THE EXISTING FACILITIES OF THE DEPARTMENT OF DEFENSE ARE
INADEQUATE, ARE AUTHORIZED TO PROCURE SERVICES IN ACCORDANCE WITH
SECTION 3109 OF TITLE 5, UNITED STATES CODE, UNDER REGULATIONS
PRESCRIBED BY THE SECRETARY OF DEFENSE AND TO PAY IN CONNECTION
THEREWITH TRAVEL EXPENSES OF INDIVIDUALS, INCLUDING ACTUAL
TRANSPORTATION AND PER DIEM IN LIEU OF SUBSISTENCE WHILE TRAVELING FROM
THEIR HOMES OR PLACES OF BUSINESS TO OFFICIAL DUTY STATION AND RETURN AS
MAY BE AUTHORIZED BY LAW: PROVIDED, THAT SUCH CONTRACTS MAY BE RENEWED
ANNUALLY. //80 STAT. 416.//
SEC. 703. DURING THE CURRENT FISCAL YEAR, PROVISIONS OF LAW
PROHIBITING THE PAYMENT OF COMPENSATION TO, OR EMPLOYMENT OF, ANY PERSON
NOT A CITIZEN OF THE UNITED STATES SHALL NOT APPLY TO PERSONNEL OF THE
DEPARTMENT OF DEFENSE.
SEC. 704. APPROPRIATIONS CONTAINED IN THIS ACT SHALL BE AVAILABLE
FOR INSURANCE OF OFFICIAL MOTOR VEHICLES IN FOREIGN COUNTRIES, WHEN
REQUIRED BY LAWS OF SUCH COUNTRIES; PAYMENTS IN ADVANCE OF EXPENSES
DETERMINED BY THE INVESTIGATING OFFICER TO BE NECESSARY AND IN ACCORD
WITH LOCAL CUSTOM FOR CONDUCTING INVESTIGATIONS IN FOREIGN COUNTRIES
INCIDENT TO MATTERS RELATING TO THE ACTIVITIES OF THE DEPARTMENT
CONCERNED; REIMBURSEMENT OF GENERAL SERVICES ADMINISTRATION FOR
SECURITY GUARD SERVICES FOR PROTECTION OF CONFIDENTIAL FILES;
REIMBURSEMENT OF THE FEDERAL BUREAU OF INVESTIGATION FOR EXPENSES IN
CONNECTION WITH INVESTIGATION OF DEFENSE CONTRACTOR PERSONNEL; AND ALL
NECESSARY EXPENSES, AT THE SEAT OF GOVERNMENT OF THE UNITED STATES OF
AMERICA OR ELSEWHERE, IN CONNECTION WITH COMMUNICATION AND OTHER
SERVICES AND SUPPLIES AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF
THIS ACT.
SEC. 705. ANY APPROPRIATION AVAILABLE TO THE ARMY, NAVY, OR THE AIR
FORCE MAY, UNDER SUCH REGULATIONS AS THE SECRETARY CONCERNED MAY
PRESCRIBE, BE USED FOR EXPENSES INCIDENT TO THE MAINTENANCE, PAY, AND
ALLOWANCES OF PRISONERS OF WAR, OTHER PERSONS IN ARMY, NAVY, OR AIR
FORCE CUSTODY WHOSE STATUS IS DETERMINED BY THE SECRETARY CONCERNED TO
BE SIMILAR TO PRISONERS OF WAR, AND PERSONS DETAINED IN SUCH CUSTODY
PURSUANT TO PRESIDENTIAL PROCLAMATION.
SEC. 706. APPROPRIATIONS AVAILABLE TO THE DEPARTMENT OF DEFENSE FOR
THE CURRENT FISCAL YEAR FOR MAINTENANCE OR CONSTRUCTION SHALL BE
AVAILABLE FOR ACQUISITION OF LAND OR INTEREST THEREIN AS AUTHORIZED BY
SECTION 2672 OR 2675 OF TITLE 10, UNITED STATES CODE.
SEC. 707. APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE
CURRENT FISCAL YEAR SHALL BE AVAILABLE, (A) EXCEPT AS AUTHORIZED BY THE
ACT OF SEPTEMBER 30, 1950 (20 U.S.C. 236 - 244), FOR PRIMARY AND
SECONDARY SCHOOLING FOR MINOR DEPENDENTS OF MILITARY AND CIVILIAN
PERSONNEL OF THE DEPARTMENT OF DEFENSE RESIDING ON MILITARY OR NAVAL
INSTALLATIONS OR STATIONED IN FOREIGN COUNTRIES, AS AUTHORIZED FOR THE
NAVY BY SECTION 7204 OF TITLE 10, UNITED STATES CODE, IN AN AMOUNT NOT
EXCEEDING $196,614,000, WHEN THE SECRETARY OF THE DEPARTMENT CONCERNED
FINDS THAT SCHOOLS, IF ANY, AVAILABLE IN THE LOCALITY, ARE UNABLE TO
PROVIDE ADEQUATELY FOR THE EDUCATION OF SUCH DEPENDENTS: PROVIDED, THAT
UNDER SUCH REGULATIONS AS MAY BE ISSUED BY THE SECRETARY OF DEFENSE,
SUCH SCHOOLING IN A SCHOOL OPERATED BY THE DEPARTMENT OF DEFENSE UNDER
THIS SECTION MAY BE PROVIDED WITHOUT TUITION FOR MINOR DEPENDENTS OF
CIVILIAN AND MILITARY PERSONNEL OF THE DEPARTMENT OF DEFENSE WHO DIED
WHILE ENTITLED TO COMPENSATION OR ACTIVE DUTY PAY: PROVIDED FURTHER,
THAT WHERE SUCH PERSONNEL DIE SUBSEQUENT TO JANUARY 11, 1971, SUCH
SCHOOLING MUST BE CONTINUED OR COMMENCED WITHIN ONE YEAR AFTER THE DATE
OF DEATH; (B) FOR EXPENSES IN CONNECTION WITH ADMINISTRATION OF
OCCUPIED AREAS; (C) FOR PAYMENT OF REWARDS AS AUTHORIZED FOR THE NAVY
BY SECTION 7209 (A) OF TITLE 10, //85 STAT. 411; 72 STAT. 1460; 84
STAT. 1224. 70A STAT. 442.// UNITED STATES CODE, FOR INFORMATION
LEADING TO THE DISCOVERY OF MISSING NAVAL PROPERTY OR THE RECOVERY
THEREOF; (D) FOR PAYMENT OF DEFICIENCY JUDGMENTS AND INTERESTS THEREON
ARISING OUT OF CONDEMNATION PROCEEDINGS; (E) FOR LEASING OF BUILDINGS
AND FACILITIES INCLUDING PAYMENT OF RENTALS FOR SPECIAL PURPOSE SPACE AT
THE SEAT OF GOVERNMENT, AND IN THE CONDUCT OF FIELD EXERCISES AND
MANEUVERS OR, IN ADMINISTERING THE PROVISIONS OF TITLE 43, UNITED STATES
CODE, SECTION 315Q, RENTALS MAY BE PAID IN ADVANCE; (F) PAYMENTS UNDER
CONTRACTS FOR MAINTENANCE OF TOOLS AND FACILITIES FOR TWELVE MONTHS
BEGINNING AT ANY TIME DURING THE FISCAL YEAR; (G) MAINTENANCE OF
DEFENSE ACCESS ROADS CERTIFIED AS IMPORTANT TO NATURAL DEFENSE IN
ACCORDANCE WITH SECTION 210 OF TITLE 23, UNITED STATES CODE; (H) FOR
THE PURCHASE OF MILK FOR ENLISTED PERSONNEL OF THE DEPARTMENT OF DEFENSE
HERETOFORE MADE AVAILABLE PURSUANT TO SECTION 1446A, TITLE 7, UNITED
STATES CODE, AND THE COST OF MILK SO PURCHASED, AS DETERMINED BY THE
SECRETARY OF DEFENSE, SHALL BE INCLUDED IN THE VALUE OF THE COMMUTED
RATION; (I) TRANSPORTING CIVILIAN CLOTHING TO THE HOME OF RECORD OF
SELECTIVE SERVICE INDUCTEES AND RECRUITS ON ENTERING THE MILITARY
SERVICES; (J) PAYMENTS UNDER LEASES FOR REAL OR PERSONAL PROPERTY FOR
TWELVE MONTHS BEGINNING AT ANY TIME DURING THE FISCAL YEAR; AND (K) PAY
AND ALLOWANCES OF NOT TO EXCEED NINE PERSONS, INCLUDING PERSONNEL
DETAILED TO INTERNATIONAL MILITARY HEADQUARTERS AND ORGANIZATIONS, AT
RATES PROVIDED FOR UNDER SECTION 625 (D) (1) OF THE FOREIGN ASSISTANCE
ACT OF 1961, AS AMENDED. //72 STAT. 908; 75 STAT. 123. 68 STAT. 900;
84 STAT. 1361.//
SEC. 708. //75 STAT. 449. 22 USC 2385.// APPROPRIATIONS FOR THE
DEPARTMENT OF DEFENSE FOR THE CURRENT FISCAL YEAR SHALL BE AVAILABLE
FOR: (A) DONATIONS OF NOT TO EXCEED $25 TO EACH PRISONER UPON EACH
RELEASE FROM CONFINEMENT IN MILITARY OR CONTRACT PRISON AND TO EACH
PERSON DISCHARGED FOR FRAUDULENT ENLISTMENT; (B) AUTHORIZED ISSUES OF
ARTICLES TO PRISONERS, APPLICANTS FOR ENLISTMENT AND PERSONS IN MILITARY
CUSTODY; (C) SUBSISTENCE OF SELECTIVE SERVICE REGISTRANTS CALLED FOR
INDUCTION, APPLICANTS FOR ENLISTMENT, PRISONERS, CIVILIAN EMPLOYEES AS
AUTHORIZED BY LAW, AND SUPERNUMERARIES WHEN NECESSITATED BY EMERGENT
MILITARY CIRCUMSTANCES; (D) REIMBURSEMENT FOR SUBSISTENCE OF ENLISTED
PERSONNEL WHILE SICK IN HOSPITALS; (E) EXPENSES OF PRISONERS CONFINED
IN NONMILITARY FACILITIES; (F) MILITARY COURTS, BOARDS, AND
COMMISSIONS; (G) UTILITY BUILDINGS ON MILITARY RESERVATIONS AUTHORIZED
BY REGULATIONS TO BE USED FOR WELFARE AND RECREATIONAL PURPOSES; (H)
EXCHANGE FEES, AND LOSSES IN THE ACCOUNTS OF DISBURSING OFFICERS OR
AGENTS IN ACCORDANCE WITH LAW; (I) EXPENSES OF LATIN AMERICAN
COOPERATION AS AUTHORIZED FOR THE NAVY BY LAW (10 U. S.C. 7208); AND
(J) EXPENSES OF APPREHENSION AND DELIVERY OF DESERTERS, PRISONERS, AND
MEMBERS ABSENT WITHOUT LEAVE, INCLUDING PAYMENT OF REWARDS OF NOT TO
EXCEED $25 IN ANY ONE CASE. //70A STAT. 443.//
SEC. 709. INSOFAR AS PRACTICABLE, THE SECRETARY OF DEFENSE SHALL
ASSIST AMERICAN SMALL BUSINESS TO PARTICIPATE EQUITABLY IN THE
FURNISHING OF COMMODITIES AND SERVICES FINANCED WITH FUNDS APPROPRIATED
UNDER THIS ACT BY MAKING AVAILABLE OR CAUSING TO BE MADE AVAILABLE TO
SUPPLIERS IN THE UNITED STATES, AND PARTICULARLY TO SMALL INDEPENDENT
ENTERPRISES, INFORMATION, AS FAR IN ADVANCE AS POSSIBLE, WITH RESPECT TO
PURCHASES PROPOSED TO BE FINANCED WITH FUNDS APPROPRIATED UNDER THIS
ACT, AND BY MAKING AVAILABLE OR CAUSING TO BE MADE AVAILABLE TO
PURCHASING AS TO COMMODITIES AND SERVICES PRODUCED AND FURNISHED BY
SMALL INDEPENDENT ENTERPRISES IN THE UNITED STATES, AND BY OTHERWISE
HELPING TO GIVE SMALL BUSINESS AN OPPORTUNITY TO PARTICIPATE IN THE
FURNISHING OF COMMODITIES AND SERVICES FINANCED WITH FUNDS APPROPRIATED
BY THIS ACT.
SEC. 710. NO APPROPRIATION CONTAINED IN THIS ACT SHALL BE AVAILABLE
FOR EXPENSES OF OPERATION OF MESSES (OTHER THAN ORGANIZED MESSES THE
OPERATING EXPENSES OF WHICH ARE FINANCED PRINCIPALLY FROM
NONAPPROPRIATED FUNDS) AT WHICH MEALS ARE SOLD TO OFFICERS OR CIVILIANS,
EXCEPT UNDER REGULATIONS APPROVED BY THE SECRETARY OF DEFENSE, WHICH
SHALL (EXCEPT UNDER UNUSUAL OR EXTRAORDINARY CIRCUMSTANCES) ESTABLISH
RATES FOR SUCH MEALS SUFFICIENT TO PROVIDE REIMBURSEMENTS OF OPERATING
EXPENSES AND FOOD COSTS TO THE APPROPRIATIONS CONCERNED: PROVIDED, THAT
OFFICERS AND CIVILIANS IN A TRAVEL STATUS RECEIVING A PER DIEM ALLOWANCE
IN LIEU OF SUBSISTENCE SHALL BE CHARGED AT THE RATE OF NOT LESS THAN
$2.50 PER DAY: PROVIDED FURTHER, THAT FOR THE PURPOSES OF THIS SECTION
PAYMENTS FOR MEALS AT THE RATES ESTABLISHED HEREUNDER MAY BE MADE IN
CASH OR BY DEDUCTION FROM THE PAY OF CIVILIAN EMPLOYEES: PROVIDED
FURTHER, THAT MEMBERS OF ORGANIZED NONPROFIT YOUTH GROUPS SPONSORED AT
EITHER THE NATIONAL OR LOCAL LEVEL, WHEN EXTENDED THE PRIVILEGE OF
VISITING A MILITARY INSTALLATION AND PERMITTED TO EAT IN THE GENERAL
MESS BY THE COMMANDING OFFICER OF THE INSTALLATION, SHALL PAY THE
COMMUTED RATION COST OF SUCH MEAL OR MEALS.
SEC. 711. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
REMAIN AVAILABLE FOR OBLIGATION BEYOND THE CURRENT FISCAL YEAR UNLESS
EXPRESSLY SO PROVIDED HEREIN.
SEC. 712. APPROPRIATIONS OF THE DEPARTMENT OF DEFENSE AVAILABLE FOR
OPERATION AND MAINTENANCE MAY BE REIMBURSED DURING THE CURRENT FISCAL
YEAR FOR ALL EXPENSES INVOLVED IN THE PREPARATION FOR DISPOSAL AND FOR
THE DISPOSAL OF MILITARY SUPPLIES, EQUIPMENT, AND MATERIAL, AND FOR ALL
EXPENSES OF PRODUCTION OF LUMBER OR TIMBER PRODUCTS PURSUANT TO SECTION
2665 OF TITLE 10, UNITED STATES CODE, FROM AMOUNTS RECEIVED AS PROCEEDS
FROM THE SALE OF ANY SUCH PROPERTY: PROVIDED, THAT A REPORT OF RECEIPTS
AND DISBURSEMENTS UNDER THIS LIMITATION SHALL BE MADE QUARTERLY TO
CONGRESS: PROVIDED FURTHER, THAT NO FUNDS AVAILABLE TO AGENCIES OF THE
DEPARTMENT OF DEFENSE SHALL BE USED FOR THE OPERATION, ACQUISITION, OR
CONSTRUCTION OF NEW FACILITIES OR EQUIPMENT FOR NEW FACILITIES IN THE
CONTINENTAL LIMITS OF THE UNITED STATES FOR METAL SCRAP BALING OR
SHEARING OR FOR MELTING OR SWEATING ALUMINUM SCRAP UNLESS THE SECRETARY
OF DEFENSE OR AN ASSISTANT SECRETARY OF DEFENSE DESIGNATED BY HIM
DETERMINES, WITH RESPECT TO EACH FACILITY INVOLVED, THAT THE OPERATION
OF SUCH FACILITY IS IN THE NATIONAL INTEREST.
SEC. 713. (A) DURING THE CURRENT FISCAL YEAR, THE PRESIDENT MAY
EXEMPT APPROPRIATIONS, FUNDS, AND CONTRACT AUTHORIZATIONS, AVAILABLE FOR
MILITARY FUNCTIONS UNDER THE DEPARTMENT OF DEFENSE, FROM THE PROVISIONS
OF SUBSECTION (C) OF SECTION 3679 OF THE REVISED STATUTES, AS AMENDED,
WHENEVER HE DEEMS SUCH ACTION TO BE NECESSARY IN THE INTEREST OF
NATIONAL DEFENSE. //31 USC 665.//
(B) UPON DETERMINATION BY THE PRESIDENT THAT SUCH ACTION IS
NECESSARY, THE SECRETARY OF DEFENSE IS AUTHORIZED TO PROVIDE FOR THE
COST OF AN AIRBORNE ALERT AS AN EXCEPTED EXPENSE IN ACCORDANCE WITH THE
PROVISIONS OF REVISED STATUTES 3732 (41 U.S.C. 11).
(C) UPON DETERMINATION BY THE PRESIDENT THAT IT IS NECESSARY TO
INCREASE THE NUMBER OF MILITARY PERSONNEL ON ACTIVE DUTY SUBJECT TO
EXISTING LAWS BEYOND THE NUMBER FOR WHICH FUNDS ARE PROVIDED IN THIS
ACT, THE SECRETARY OF DEFENSE IS AUTHORIZED TO PROVIDE FOR THE COST OF
SUCH INCREASED MILITARY PERSONNEL, AS AN EXCEPTED EXPENSE IN ACCORDANCE
WITH THE PROVISIONS OF REVISED STATUTES 3732 (41 U.S.C. 11).
(D) THE SECRETARY OF DEFENSE SHALL IMMEDIATELY ADVISE CONGRESS OF THE
EXERCISE OF ANY AUTHORITY GRANTED IN THIS SECTION, AND SHALL REPORT
MONTHLY ON THE ESTIMATED OBLIGATIONS INCURRED PURSUANT TO SUBSECTIONS
(B) AND (C).
SEC. 714. NO APPROPRIATION CONTAINED IN THIS ACT SHALL BE AVAILABLE
IN CONNECTION WITH THE OPERATION OF COMMISSARY STORES OF THE AGENCIES OF
THE DEPARTMENT OF DEFENSE FOR THE COST OF PURCHASE (INCLUDING COMMERCIAL
TRANSPORTATION IN THE UNITED STATES TO THE PLACE OF SALE BUT EXCLUDING
ALL TRANSPORTATION OUTSIDE THE UNITED STATES) AND MAINTENANCE OF
OPERATING EQUIPMENT AND SUPPLIES, AND FOR THE ACTUAL OR ESTIMATED COST
OF UTILITIES AS MAY BE FURNISHED BY THE GOVERNMENT AND OF SHRINKAGE,
SPOILAGE, AND PILFERAGE OF MERCHANDISE UNDER THE CONTROL OF SUCH
COMMISSARY STORES, EXCEPT AS AUTHORIZED UNDER REGULATIONS PROMULGATED BY
THE SECRETARIES OF THE MILITARY DEPARTMENTS CONCERNED, WITH THE APPROVAL
OF THE SECRETARY OF DEFENSE, WHICH REGULATIONS SHALL PROVIDE FOR
REIMBURSEMENT THEREFOR TO THE APPROPRIATIONS CONCERNED AND,
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SHALL PROVIDE FOR THE
ADJUSTMENT OF THE SALES PRICES IN SUCH COMMISSARY STORES TO THE EXTENT
NECESSARY TO FURNISH SUFFICIENT GROSS REVENUE FROM SALES OF COMMISSARY
STORES TO MAKE SUCH REIMBURSEMENT: PROVIDED, THAT UNDER SUCH
REGULATIONS AS MAY BE ISSUED PURSUANT TO THIS SECTION ALL UTILITIES MAY
BE FURNISHED WITHOUT COST TO THE COMMISSARY STORES OUTSIDE THE
CONTINENTAL UNITED STATES AND IN ALASKA: PROVIDED FURTHER, THAT NO
APPROPRIATION CONTAINED IN THIS ACT SHALL BE AVAILABLE IN CONNECTION
WITH THE OPERATION OF COMMISSARY STORES WITHIN THE CONTINENTAL UNITED
STATES UNLESS THE SECRETARY OF DEFENSE HAS CERTIFIED THAT ITEMS NORMALLY
PROCURED FROM COMMISSARY STORES ARE NOT OTHERWISE AVAILABLE AT A
REASONABLE DISTANCE AND A REASONABLE PRICE IN SATISFACTORY QUALITY AND
QUANTITY TO THE MILITARY AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE. //FREE UTILITIES OUTSIDE U.S. AND IN ALASKA.//
SEC. 715. NO PART OF THE APPROPRIATIONS IN THIS ACT SHALL BE
AVAILABLE FOR ANY EXPENSE OF OPERATING AIRCRAFT UNDER THE JURISDICTION
OF THE ARMED FORCES FOR THE PURPOSE OF PROFICIENCY FLYING, AS DEFINED IN
DEPARTMENT OF DEFENSE DIRECTIVE 1340.4, EXCEPT IN ACCORDANCE WITH
REGULATIONS PRESCRIBED BY THE SECRETARY OF DEFENSE. SUCH REGULATIONS
(1) MAY NOT REQUIRE SUCH FLYING EXCEPT THAT REQUIRED TO MAINTAIN
PROFICIENCY IN ANTICIPATION OF A MEMBER'S ASSIGNMENT TO COMBAT
OPERATIONS AND (2) SUCH FLYING MAY NOT BE PERMITTED IN CASES OF MEMBERS
WHO HAVE BEEN ASSIGNED TO A COURSE OF INSTRUCTION OF NINETY DAYS OR
MORE. WHEN ANY RATED MEMBER IS ASSIGNED TO DUTIES, THE PERFORMANCE OF
WHICH DOES NOT REQUIRE THE MAINTENANCE OF BASIC FLYING SKILLS, ALL SUCH
MEMBERS, WHILE SO ASSIGNED, EXCEPT, AFTER MAY 31, 1973, THOSE OF THE
RANK OF COLONEL OR EQUIVALENT OR ABOVE (O-6) IN NON-COMBAT ASSIGNMENTS,
ARE ENTITLED TO FLIGHT PAY PRESCRIBED UNDER SECTION 301 OF TITLE 37,
UNITED STATES CODE, IF OTHERWISE ENTITLED TO FLIGHT PAY AT THE TIME OF
SUCH ASSIGNMENT. //76 STAT. 461.//
SEC. 716. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
BE AVAILABLE FOR EXPENSE OF TRANSPORTATION, PACKING, CRATING, TEMPORARY
STORAGE, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS
IN ANY ONE SHIPMENT HAVING A NET WEIGHT IN EXCESS OF THIRTEEN THOUSAND
FIVE HUNDRED POUNDS.
SEC. 717. VESSELS UNDER THE JURISDICTION OF THE DEPARTMENT OF
COMMERCE, THE DEPARTMENT OF THE ARMY, DEPARTMENT OF THE AIR FORCE, OR
THE DEPARTMENT OF THE NAVY MAY BE TRANSFERRED OR OTHERWISE MADE
AVAILABLE WITHOUT REIMBURSEMENT TO ANY SUCH AGENCIES UPON THE REQUEST OF
THE HEAD OF ONE AGENCY AND THE APPROVAL OF THE AGENCY HAVING
JURISDICTION OF THE VESSELS CONCERNED.
SEC. 718. NONE OF THE FUNDS IN THIS ACT SHALL BE AVAILABLE FOR THE
ENLISTMENT OR PAY OF NON-PRIOR SERVICE PERSONNEL DURING FISCAL YEAR 1974
WHEN THE ENLISTMENT WILL CAUSE THE PERCENTAGE OF NON-HIGH SCHOOL
GRADUATE ENLISTMENTS OF THE SERVICE CONCERNED TO EXCEED 45 PER CENTUM OR
THE MENTAL CATEGORY IV ENLISTMENTS TO EXCEED 18 PER CENTUM OF THE TOTAL
NON-PRIOR SERVICE ENLISTMENTS FOR THE ENTIRE FISCAL YEAR.
SEC. 719. NOT MORE THAN 20 PER CENTUM OF THE APPROPRIATIONS IN THIS
ACT WHICH ARE LIMITED FOR OBLIGATION DURING THE CURRENT FISCAL YEAR
SHALL BE OBLIGATED DURING THE LAST TWO MONTHS OF THE FISCAL YEAR:
PROVIDED, THAT THIS SECTION SHALL NOT APPLY TO OBLIGATIONS FOR SUPPORT
OF ACTIVE DUTY TRAINING OF CIVILIAN COMPONENTS OR SUMMER-CAMP TRAINING
OF THE RESERVE OFFICERS' TRAINING CORPS.
SEC. 720. DURING THE CURRENT FISCAL YEAR THE AGENCIES OF THE
DEPARTMENT OF DEFENSE MAY ACCEPT THE USE OF REAL PROPERTY FROM FOREIGN
COUNTRIES FOR THE UNITED STATES IN ACCORDANCE WITH MUTUAL DEFENSE
AGREEMENTS OR OCCUPATIONAL ARRANGEMENTS AND MAY ACCEPT SERVICES
FURNISHED BY FOREIGN COUNTRIES AS RECIPROCAL INTERNATIONAL COURTESIES OR
AS SERVICES CUSTOMARILY MADE AVAILABLE WITHOUT CHARGE; AND SUCH
AGENCIES MAY USE THE SAME FOR THE SUPPORT OF THE UNITED STATES FORCES IN
SUCH AREAS WITHOUT SPECIFIC APPROPRIATION THEREFOR.
IN ADDITION TO THE FOREGOING, AGENCIES OF THE DEPARTMENT OF DEFENSE
MAY ACCEPT REAL PROPERTY, SERVICES, AND COMMODITIES FROM FOREIGN
COUNTRIES FOR THE USE OF THE UNITED STATES IN ACCORDANCE WITH MUTUAL
DEFENSE AGREEMENTS OR OCCUPATIONAL ARRANGEMENTS AND SUCH AGENCIES MAY
USE THE SAME FOR THE SUPPORT OF THE UNITED STATES FORCES IN SUCH AREAS,
WITHOUT SPECIFIC APPROPRIATIONS THEREFOR: PROVIDED, THAT THE FOREGOING
AUTHORITY SHALL NOT BE AVAILABLE FOR THE CONVERSION OF HEATING PLANTS
FROM COAL TO OIL AT DEFENSE FACILITIES IN EUROPE: PROVIDED FURTHER,
THAT WITHIN THIRTY DAYS AFTER THE END OF EACH QUARTER THE SECRETARY OF
DEFENSE SHALL RENDER TO CONGRESS AND TO THE OFFICE OF MANAGEMENT AND
BUDGET A FULL REPORT OF SUCH PROPERTY, SUPPLIES, AND COMMODITIES
RECEIVED DURING SUCH QUARTER.
SEC. 721. DURING THE CURRENT FISCAL YEAR, APPROPRIATIONS AVAILABLE
TO THE DEPARTMENT OF DEFENSE FOR RESEARCH AND DEVELOPMENT MAY BE USED
FOR THE PURPOSES OF SECTION 2353 OF TITLE 10, UNITED STATES CODE, AND
FOR PURPOSES RELATED TO RESEARCH AND DEVELOPMENT FOR WHICH EXPENDITURES
ARE SPECIFICALLY AUTHORIZED IN OTHER APPROPRIATIONS OF THE SERVICE
CONCERNED.
SEC. 722. NO APPROPRIATION CONTAINED IN THIS ACT SHALL BE AVAILABLE
FOR THE PAYMENT OF MORE THAN 75 PER CENTUM OF CHARGES OF EDUCATIONAL
INSTITUTIONS FOR TUITION OR EXPENSES OF OFF-DUTY TRAINING OF MILITARY
PERSONNEL, NOR FOR THE PAYMENT OF ANY PART OF TUITION OR EXPENSES FOR
SUCH TRAINING FOR COMMISSIONED PERSONNEL WHO DO NOT AGREE TO REMAIN ON
ACTIVE DUTY FOR TWO YEARS AFTER COMPLETION OF SUCH TRAINING.
SEC. 723. NO PART OF THE FUNDS APPROPRIATED HEREIN SHALL BE EXPENDED
FOR THE SUPPORT OF ANY FORMALLY ENROLLED STUDENT IN BASIC COURSES OF THE
SENIOR DIVISION, RESERVE OFFICERS' TRAINING CORPS, WHO HAS NOT EXECUTED
A CERTIFICATE OF LOYALTY OR LOYALTY OATH IN SUCH FORM AS SHALL BE
PRESCRIBED BY THE SECRETARY OF DEFENSE.
SEC. 724. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
BE AVAILABLE FOR THE PROCUREMENT OF ANY ARTICLE OF FOOD, CLOTHING,
COTTON, WOVEN SILK OR WOVEN SILK BLENDS, SPUN SILK YARN FOR CARTRIDGE
CLOTH, SYNTHETIC FABRIC OR COATED SYNTHETIC FABRIC, OR WOOL (WHETHER IN
THE FORM OF FIBER OR YARN OR CONTAINED IN FABRICS, MATERIALS, OR
MANUFACTURED ARTICLES), OR SPECIALTY METALS NOT GROWN, REPROCESSED,
REUSED, OR PRODUCED IN THE UNITED STATES OR ITS POSSESSIONS, EXCEPT TO
THE EXTENT THAT THE SECRETARY OF THE DEPARTMENT CONCERNED SHALL
DETERMINE THAT A SATISFACTORY QUALITY AND SUFFICIENT QUANTITY OF ANY
ARTICLES OF FOOD OR CLOTHING OR ANY FORM OF COTTON, WOVEN SILK AND WOVEN
SILK BLENDS, SPUN SILK YARN FOR CARTRIDGE CLOTH, SYNTHETIC FABRIC OR
COATED SYNTHETIC FABRIC, WOOL, OR SPECIALTY METALS GROWN, REPROCESSED,
REUSED, OR PRODUCED IN THE UNITED STATES OR ITS POSSESSIONS CANNOT BE
PROCURED AS AND WHEN NEEDED AT UNITED STATES MARKET PRICES AND EXCEPT
PROCUREMENTS OUTSIDE THE UNITED STATES IN SUPPORT OF COMBAT OPERATIONS,
PROCUREMENTS BY VESSELS IN FOREIGN WATERS, AND EMERGENCY PROCUREMENTS OR
PROCUREMENTS OF PERISHABLE FOODS BY ESTABLISHMENTS LOCATED OUTSIDE THE
UNITED STATES FOR THE PERSONNEL ATTACHED THERETO: PROVIDED, THAT
NOTHING HEREIN SHALL PRECLUDE THE PROCUREMENT OF FOODS MANUFACTURED OR
PROCESSED IN THE UNITED STATES OR ITS POSSESSIONS: PROVIDED FURTHER,
THAT NO FUNDS HEREIN APPROPRIATED SHALL BE USED FOR THE PAYMENT OF A
PRICE DIFFERENTIAL ON CONTRACTS HEREAFTER MADE FOR THE PURPOSE OF
RELIEVING ECONOMIC DISLOCATIONS: PROVIDED FURTHER, THAT NONE OF THE
FUNDS APPROPRIATED IN THIS ACT SHALL BE USED EXCEPT THAT, SO FAR AS
PRACTICABLE, ALL CONTRACTS SHALL BE AWARDED ON A FORMALLY ADVERTISED
COMPETITIVE BID BASIS TO THE LOWEST RESPONSIBLE BIDDER.
SEC. 725. NONE OF THE FUNDS APPROPRIATED IN THIS ACT SHALL BE USED
FOR THE CONSTRUCTION, REPLACEMENT, OR REACTIVATION OF ANY BAKERY,
LAUNDRY, OR DRYCLEANING FACILITY IN THE UNITED STATES, ITS TERRITORIES
OR POSSESSIONS, AS TO WHICH THE SECRETARY OF DEFENSE DOES NOT CERTIFY IN
WRITING, GIVING HIS REASONS THEREFOR, THAT THE SERVICES TO BE FURNISHED
BY SUCH FACILITIES ARE NOT OBTAINABLE FROM COMMERCIAL SOURCES AT
REASONABLE RATES.
SEC. 726. DURING THE CURRENT FISCAL YEAR, APPROPRIATIONS OF THE
DEPARTMENT OF DEFENSE SHALL BE AVAILABLE FOR REIMBURSEMENT TO THE UNITED
STATES POSTAL SERVICE FOR PAYMENT OF COSTS OF COMMERCIAL AIR
TRANSPORTATION OF MILITARY MAIL BETWEEN THE UNITED STATES AND FOREIGN
COUNTRIES.
SEC. 727. APPROPRIATIONS CONTAINED IN THIS ACT SHALL BE AVAILABLE
FOR THE PURCHASE OF HOUSEHOLD FURNISHINGS, AND AUTOMOBILES FROM MILITARY
AND CIVILIAN PERSONNEL ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES,
FOR THE PURPOSE OF RESALE AT COST TO INCOMING PERSONNEL, AND FOR
PROVIDING FURNISHINGS, WITHOUT CHARGE, IN OTHER THAN PUBLIC QUARTERS
OCCUPIED BY MILITARY OR CIVILIAN PERSONNEL OF THE DEPARTMENT OF DEFENSE
ON DUTY OUTSIDE THE CONTINENTAL UNITED STATES OR IN ALASKA, UPON A
DETERMINATION, UNDER REGULATIONS APPROVED BY THE SECRETARY OF DEFENSE,
THAT SUCH ACTION IS ADVANTAGEOUS TO THE GOVERNMENT.
SEC. 728. DURING THE CURRENT FISCAL YEAR, APPROPRIATIONS AVAILABLE
TO THE DEPARTMENT OF DEFENSE FOR PAY OF CIVILIAN EMPLOYEES SHALL BE
AVAILABLE FOR UNIFORMS, OR ALLOWANCES THEREFOR, AS AUTHORIZED BY LAW (5
U.S.C. 5901; 80 STAT. 508). //81 STAT. 206.//
SEC. 729. DURING THE CURRENT FISCAL YEAR, THE SECRETARY OF DEFENSE
SHALL, UPON REQUISITION OF THE NATIONAL BOARD FOR THE PROMOTION OF RIFLE
PRACTICE, AND WITHOUT REIMBURSEMENT, TRANSFER FROM AGENCIES OF THE
DEPARTMENT OF DEFENSE TO THE BOARD AMMUNITION FROM STOCK OR WHICH HAS
BEEN PROCURED FOR THE PURPOSES IN SUCH AMOUNTS AS HE MAY DETERMINE.
SUCH APPROPRIATIONS OF THE DEPARTMENT OF DEFENSE AVAILABLE FOR
OBLIGATION DURING THE CURRENT FISCAL YEAR AS MAY BE DESIGNATED BY THE
SECRETARY OF DEFENSE SHALL BE AVAILABLE FOR THE TRAVEL EXPENSES OF
MILITARY AND NAVAL PERSONNEL, INCLUDING THE RESERVE COMPONENTS, AND
MEMBERS OF THE RESERVE OFFICERS' TRAINING CORPS ATTENDING REGIONAL,
NATIONAL OR INTERNATIONAL RIFLE MATCHES.
SEC. 730. FUNDS PROVIDED IN THIS ACT FOR CONGRESSIONAL LIAISON
ACTIVITIES OF THE DEPARTMENT OF THE ARMY, THE DEPARTMENT OF THE NAVY,
THE DEPRRTMENT OF THE AIR FORCE, AND THE OFFICE OF THE SECRETARY OF
DEFENSE SHALL NOT EXCEED $1,300,000: PROVIDED, THAT THIS AMOUNT SHALL
BE AVAILABLE FOR APPORTIONMENT TO THE DEPARTMENT OF THE ARMY, THE
DEPARTMENT OF THE NAVY, THE DEPARTMENT OF THE AIR FORCE, AND THE OFFICE
OF THE SECRETARY OF DEFENSE AS DETERMINED BY THE SECRETARY OF DEFENSE.
SEC. 731. OF THE FUNDS MADE AVAILABLE BY THIS ACT FOR THE SERVICES
OF THE MILITARY AIRLIFT COMMAND, $100,000,000 SHALL BE AVAILABLE ONLY
FOR PROCUREMENT OF COMMERCIAL TRANSPORTATION SERVICE FROM CARRIERS
PARTICIPATING IN THE CIVIL RESERVE AIR FLEET PROGRAM; AND THE SECRETARY
OF DEFENSE SHALL UTILIZE THE SERVICES OF SUCH CARRIERS WHICH QUALIFY AS
SMALL BUSINESSES TO THE FULLEST EXTENT FOUND PRACTICABLE: PROVIDED,
THAT THE SECRETARY OF DEFENSE SHALL SPECIFY IN SUCH PROCUREMENT,
PERFORMANCE CHARACTERISTICS FOR AIRCRAFT TO BE USED BASED UPON MODERN
AIRCRAFT OPERATED BY THE CIVIL AIR FLEET.
SEC. 732. DURING THE CURRENT FISCAL YEAR, APPROPRIATIONS AVAILABLE
TO THE DEPARTMENT OF DEFENSE FOR OPERATION MAY BE USED FOR CIVILIAN
CLOTHING, NOT TO EXCEED $40 IN COST FOR ENLISTED PERSONNEL: (1)
DISCHARGED FOR MISCONDUCT, UNFITNESS, UNSUITABILITY, OR OTHERWISE THAN
HONORABLY; (2) SENTENCED BY A CIVIL COURT TO CONFINEMENT IN A CIVIL
PRISON OR INTERNED OR DISCHARGED AS AN ALIEN ENEMY; (3) DISCHARGED
PRIOR TO COMPLETION OF RECRUIT TRAINING UNDER HONORABLE CONDITIONS FOR
DEPENDENCY, HARDSHIP, MINORITY, DISABILITY, OR FOR THE CONVENIENCE OF
THE GOVERNMENT.
SEC. 733. NO PART OF THE FUNDS APPROPRIATED HEREIN SHALL BE
AVAILABLE FOR PAYING THE COSTS OF ADVERTISING BY ANY DEFENSE CONTRACTOR,
EXCEPT ADVERTISING FOR WHICH PAYMENT IS MADE FROM PROFITS, AND SUCH
ADVERTISING SHALL BE CONSIDERED A PART OF ANY DEFENSE CONTRACT COST.
THE PROHIBITION CONTAINED IN THIS SECTION SHALL NOT APPLY WITH RESPECT
TO ADVERTISING CONDUCTED BY ANY SUCH CONTRACTOR, IN COMPLIANCE WITH
REGULATIONS WHICH SHALL BE PROMULGATED BY THE SECRETARY OF DEFENSE,
SOLELY FOR (1) THE RECRUITMENT BY THE CONTRACTOR OF PERSONNEL REQUIRED
FOR THE PERFORMANCE BY THE CONTRACTOR OF OBLIGATIONS UNDER A DEFENSE
CONTRACT, (2) THE PROCUREMENT OF SCARCE ITEMS REQUIRED BY THE CONTRACTOR
FOR THE PERFORMANCE OF A DEFENSE CONTRACT, OR (3) THE DISPOSAL OF SCRAP
OR SURPLUS MATERIALS ACQUIRED BY THE CONTRACTOR IN THE PERFORMANCE OF A
DEFENSE CONTRACT.
SEC. 734. FUNDS APPROPRIATED IN THIS ACT FOR MAINTENANCE AND REPAIR
OF FACILITIES AND INSTALLATIONS SHALL NOT BE AVAILABLE FOR ACQUISITION
OF NEW FACILITIES, OR ALTERATION, EXPANSION, EXTENSION, OR ADDITION OF
EXISTING FACILITIES, AS DEFINED IN DEPARTMENT OF DEFENSE DIRECTIVE
7040.2, DATED JANUARY 18, 1961, IN EXCESS OF $50,000: PROVIDED, THAT
THE SECRETARY OF DEFENSE MAY AMEND OR CHANGE THE SAID DIRECTIVE DURING
THE CURRENT FISCAL YEAR, CONSISTENT WITH THE PURPOSE OF THIS SECTION.
SEC. 735. DURING THE CURRENT FISCAL YEAR UPON DETERMINATION BY THE
SECRETARY OF DEFENSE THAT SUCH ACTION IS NECESSARY IN THE NATIONAL
INTEREST, HE MAY, WITH THE APPROVAL OF THE OFFICE OF MANAGEMENT AND
BUDGET, TRANSFER NOT TO EXCEED $625,000,000 OF THE APPROPRIATIONS OF
FUNDS AVAILABLE TO THE DEPARTMENT OF DEFENSE FOR MILITARY FUNCTIONS
(EXCEPT MILITARY CONSTRUCTION) BETWEEN SUCH APPROPRIATIONS OR FUNDS OR
ANY SUBDIVISION THEREOF, TO BE MERGED WITH AND TO BE AVAILABLE FOR THE
SAME PURPOSES, AND FOR THE SAME TIME PERIOD, AS THE APPROPRIATION OR
FUND TO WHICH TRANSFERRED: PROVIDED, THAT SUCH AUTHORITY TO TRANSFER
MAY NOT BE USED UNLESS FOR HIGHER PRIORITY ITEMS, BASED ON UNFORESEEN
MILITARY REQUIREMENTS, THEN THOSE FOR WHICH ORIGINALLY APPROPRIATED, AND
IN NO CASE WHERE THE ITEM FOR WHICH FUNDS ARE REQUESTED HAS BEEN DENIED
BY OCNGRESS: PROVIDED FURTHER, THAT THE SECRETARY OF DEFENSE SHALL
NOTIFY THE CONGRESS PROMPTLY OF ALL TRANSFERS MADE PURSUANT TO THIS
AUTHORITY.
SEC. 736. NONE OF THE FUNDS APPROPRIATED IN THIS ACT MAY BE USED TO
MAKE PAYMENTS UNDER CONTRACTS FOR ANY PROGRAM, PROJECT, OR ACTIVITY IN A
FOREIGN COUNTRY UNLESS THE SECRETARY OF DEFENSE OR HIS DESIGNEE, AFTER
CONSULTATION WITH THE SECRETARY OF THE TREASURY OR HIS DESIGNEE,
CERTIFIES TO THE CONGRESS THAT THE USE, BY PURCHASE FROM THE TREASURY,
OF CURRENCIES OF SUCH COUNTRY ACQUIRED PURSUANT TO LAW IS NOT FEASIBLE
FOR THE PURPOSE, STATING THE REASON THEREFOR.
SEC. 737. (A) NOT TO EXCEED $1,126,000,000 OF THE APPROPRIATIONS
AVAILABLE TO THE DEPARTMENT OF DEFENSE DURING THE CURRENT FISCAL YEAR
SHALL BE AVAILABLE FOR THEIR STATED PURPOSES TO SUPPORT (1) VIETNAMESE
AND OTHER FREE WORLD FORCES IN SUPPORT OF VIETNAMESE FORCES; (2) LOCAL
FORCES IN LAOS; AND FOR RELATED COSTS ON SUCH TERMS AND CONDITIONS AS
THE SECRETARY OF DEFENSE MAY DETERMINE: PROVIDED, THAT NONE OF THE
FUNDS APPROPRIATED BY THIS ACT MAY BE USED FOR THE PURPOSE OF PAYING ANY
OVERSEAS ALLOWANCES, PER DIEM ALLOWANCE, OR ANY OTHER ADDITION TO THE
REGULAR BASE PAY OF ANY PERSON SERVING WITH THE FREE WORLD FORCES IN
SOUTH VIETNAM IF THE AMOUNT OF SUCH PAYMENT WOULD BE GREATER THAN THE
AMOUNT OF SPECIAL PAY AUTHORIZED TO BE PAID, FOR AN EQUIVALENT PERIOD OF
SERVICE, TO MEMBERS OF THE ARMED FORCES OF THE UNITED STATES UNDER
SECTION 310 OF TITLE 37, UNITED STATES CODE, SERVING IN VIETNAM OR IN
ANY OTHER HOSTILE FIRE AREA, EXCEPT FOR CONTINUATION OF PAYMENTS OF SUCH
ADDITIONS TO REGULAR BASE PAY PROVIDED IN AGREEMENTS EXECUTED PRIOR TO
JULY 1, 1970: PROVIDED FURTHER, THAT NOTHING IN CLAUSE (1) OF THE FIRST
SENTENCE OF THIS SUBSECTION SHALL BE CONSTRUED AS AUTHORIZING THE USE OF
ANY SUCH FUNDS TO SUPPORT VIETNAMESE OR OTHER FREE WORLD FORCES IN
ACTIONS DESIGNED TO PROVIDE MILITARY SUPPORT AND ASSISTANCE TO THE
GOVERNMENT OF CAMBODIA OR LAOS. PROVIDED FURTHER, THAT NOTHING
CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT SUPPORT OF
ACTIONS REQUIRED TO INSURE THE SAFE AND ORDERLY WITHDRAWAL OR
DISENGAGEMENT OF UNITED STATES FORCES FROM SOUTHEAST ASIA, OR TO AID IN
THE RELEASE OF AMERICANS HELD AS PRISONERS OF WAR. //77 STAT. 216; 79
STAT. 547.//
(B) WITHIN THIRTY DAYS AFTER THE END OF EACH QUARTER, THE SECRETARY
OF DEFENSE SHALL RENDER TO CONGRESS A REPORT WITH RESPECT TO THE
ESTIMATED VALUE BY PURPOSE, BY COUNTRY, OF SUPPORT FURNISHED FROM SUCH
APPROPRIATIONS.
SEC. 738. DURING THE CURRENT FISCAL YEAR, CASH BALANCES IN WORKING
CAPITAL FUNDS OF THE DEPARTMENT OF DEFENSE ESTABLISHED PURSUANT TO
SECTION 2208 OF TITLE 10, UNITED STATES CODE, MAY BE MAINTAINED IN ONLY
SUCH AMOUNTS AS ARE NECESSARY AT ANY TIME FOR CASH DISBURSEMENTS TO BE
MADE FROM SUCH FUNDS: PROVIDED, THAT TRANSFERS MAY BE MADE BETWEEN SUCH
FUNDS IN SUCH AMOUNTS AS MAY BE DETERMINED BY THE SECRETARY OF DEFENSE,
WITH THE APPROVAL OF THE OFFICE OF MANAGEMENT AND BUDGET. //76 STAT.
521.//
SEC. 739. NO PART OF THE FUNDS APPROPRIATED UNDER THIS ACT SHALL BE
USED TO PAY SALARIES OF ANY FEDERAL EMPLOYEE WHO IS CONVICTED IN ANY
FEDERAL, STATE, OR LOCAL COURT OF COMPETENT JURISDICTION, OF INCITING,
PROMOTING, OR CARRYING ON A RIOT, OR ANY GROUP ACTIVITY RESULTING IN
MATERIAL DAMAGE TO PROPERTY OR INJURY TO PERSONS, FOUND TO BE IN
VIOLATION OF FEDERAL, STATE, OR LOCAL LAWS DESIGNED TO PROTECT PERSONS
OR PROPERTY IN THE COMMUNITY CONCERNED.
SEC. 740. NO PART OF THE FUNDS APPROPRIATED UNDER THIS ACT SHALL BE
USED TO PROVIDE A LOAN, GUARANTEE OF A LOAN, OR A GRANT TO ANY APPLICANT
WHO HAS BEEN CONVICTED BY ANY COURT OF GENERAL JURISDICTION OF ANY CRIME
WHICH INVOLVES THE USE OF OR THE ASSISTANCE TO OTHERS IN THE USE OF
FORCE, TRESPASS, OR THE SEIZURE OF PROPERTY UNDER CONTROL OF AN
INSTITUTION OF HIGHER EDUCATION TO PREVENT OFFICIALS OR STUDENTS AT SUCH
AN INSTITUTION FROM ENGAGING IN THEIR DUTIES OR PURSUING THEIR STUDIES.
SEC. 741. NONE OF THE FUNDS HEREIN APPROPRIATED MAY BE OBLIGATED OR
EXPENDED AFTER AUGUST 15, 1973, TO FINANCE DIRECTLY OR INDIRECTLY COMBAT
ACTIVITIES BY UNITED STATES MILITARY FORCES IN OR OVER OR FROM OFF THE
SHORES OF NORTH VIETNAM, SOUTH VIETNAM, LAOS, OR CAMBODIA.
SEC. 742. NONE OF THE FUNDS AVAILABLE TO THE DEPARTMENT OF DEFENSE
SHALL BE UTILIZED FOR THE CONVERSION OF HEATING PLANTS FROM COAL TO OIL
AT DEFENSE FACILITIES IN EUROPE.
SEC. 743. NONE OF THE FUNDS APPROPRIATED BY THIS ACT SHALL BE
AVAILABLE FOR ANY RESEARCH INVOLVING UNINFORMED OR NONVOLUNTARY HUMAN
BEINGS AS EXPERIMENTAL SUBJECTS.
SEC. 744. APPROPRIATIONS FOR THE CURRENT FISCAL YEAR FOR OPERATION
AND MAINTENANCE OF THE ACTIVE FORCES SHALL BE AVAILABLE FOR MEDICAL AND
DENTAL CARE OF PERSONNEL ENTITLED THERETO BY LAW OR REGULATION
(INCLUDING CHARGES OF PRIVATE FACILITIES FOR CARE OF MILITARY PERSONNEL,
EXCEPT ELECTIVE PRIVATE TREATMENT); WELFARE AND RECREATION; HIRE OF
PASSENGER MOTOR VEHICLES; REPAIR OF FACILITIES; MODIFICATION OF
PERSONAL PROPERTY; DESIGN OF VESSELS; INDUSTRIAL MOBILIZATION;
INSTALLATION OF EQUIPMENT IN PUBLIC OR PRIVATE PLANTS; MILITARY
COMMUNICATIONS FACILITIES ON MERCHANT VESSELS; ACQUISITION OF SERVICES,
SPECIAL CLOTHING, SUPPLIES, AND EQUIPMENT; AND EXPENSES FOR THE RESERVE
OFFICERS' TRAINING CORPS AND OTHER UNITS AT EDUCATIONAL INSTITUTIONS.
SEC. 745. NO PART OF THE FUNDS IN THIS ACT SHALL BE AVAILABLE TO
PREPARE OR PRESENT A REQUEST TO THE COMMITTEES ON APPROPRIATIONS FOR THE
REPROGRAMING OF FUNDS, UNLESS FOR HIGHER PRIORITY ITEMS, BASED ON
UNFORESEEN MILITARY REQUIREMENTS, THAN THOSE FOR WHICH ORIGINALLY
APPROPRIATED AND IN NO CASE WHERE THE ITEM FOR WHICH REPROGRAMING IS
REQUESTED HAS BEEN DENIED BY THE CONGRESS.
SEC. 746. NONE OF THE FUNDS CONTAINED IN THIS ACT SHALL BE USED TO
FURNISH PETROLEUM FUELS PRODUCED IN THE CONTINENTAL UNITED STATES TO
SOUTHEAST ASIA FOR USE BY NON-UNITED STATES NATIONALS.
THERE IS HEREBY APPROPRIATED THE SUM OF $400,000 TO THE DEFENSE
MANPOWER COMMISSION FOR USE IN CARRYING OUT THE PROVISIONS OF TITLE VII
OF THE DEPARTMENT OF DEFENSE APPROPRIATION AUTHORIZATION ACT, 1974.
THIS ACT MAY BE CITED AS THE "DEPARTMENT OF DEFENSE APPROPRIATION
ACT, 1974". //ANTE, P. 1037. SHORT TITLE.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 662 (COMM. ON APPROPRIATIONS) AND NO. 93 -
741 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 617 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 29, 30, CONSIDERED AND PASSED HOUSE. DEC. 13, CONSIDERED AND
PASSED SENATE, MENDED. AMDEC. 20, HOUSE AND SENATE AGREED TO
CONFERENCE REPORT;
RESOLVED AMENDMENTS IN DISAGREEMENT.
PUBLIC LAW 93-237; 87 STAT. 1023
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. PARAGRAPH (4) OF SECTION 4 (C) OF THE SMALL BUSINESS ACT
IS AMENDED-- //80 STAT. 132; 84 STAT. 1468; 86 STAT. 382. 15 USC
633.//
(1) BY STRIKING OUT "$4,300,000,000" AND INSERTING IN LIEU
THEREOF "$4,875,000,000";
(2) BY STRIKING OUT "$500,000,000" WHERE IT APPEARS IN CLAUSE
(B) AND INSERTING IN LIEU THEREOF "$556,250,000";
(3) BY STRIKING OUT "$500,000,000" WHERE IT APPEARS IN CLAUSE
(C) AND INSERTING IN LIEU THEREOF "$525,000,000"; AND
(4) BY STRIKING OUT "$350,000,000" AND INSERTING IN LIEU
THEREOF "$381,250,000".
ANY ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT WHICH ARE NOT OBLIGATED BY
JUNE 30, 1974, SHALL NO LONGER BE AVAILABLE AFTER THAT DATE.
SEC. 2. (A) SECTION 7 (B) (B) OF THE SMALL BUSINESS ACT IS AMENDED
TO READ AS FOLLOWS: //15 USC 636.//
"(5) TO MAKE SUCH LOANS (EITHER DIRECTLY OR IN COOPERATION WITH
BANKS OR OTHER LENDING INSTITUTIONS THROUGH AGREEMENTS TO
PARTICIPATE ON AN IMMEDIATE OR DEFERRED BASIS) AS THE
ADMINISTRATION MAY DETERMINE TO BE NECESSARY OR APPROPRIATE TO
ASSIST ANY SMALL BUSINESS CONCERN IN EFFECTING ADDITIONS TO OR
ALTERATIONS IN ITS PLANT, FACILITIES, OR METHODS OF OPERATION TO
MEET REQUIREMENTS IMPOSED ON SUCH CONCERN PURSUANT TO ANY FEDERAL
LAW, ANY STATE LAW ENACTED IN CONFORMITY THEREWITH, OR ANY
REGULATION OR ORDER OF A DULY AUTHORIZED, FEDERAL, STATE,
REGIONAL, OR LOCAL AGENCY ISSUED IN CONFORMITY WITH SUCH FEDERAL
LAW, IF THE ADMINISTRATION DETERMINES THAT SUCH CONCERN IS LIKELY
TO SUFFER SUBSTANTIAL ECONOMIC INJURY WITHOUT ASSISTANCE UNDER
THIS PARAGRAPH: PROVIDED, THAT THE MAXIMUM LOAN MADE TO ANY SMALL
BUSINESS CONCERN UNDER THIS PARAGRAPH SHALL NOT EXCEED THE MAXIMUM
LOAN WHICH, UNDER RULES OR REGULATIONS PRESCRIBED BY THE
ADMINISTRATION, MAY BE MADE TO ANY BUSINESS ENTERPRISE UNDER
PARAGRAPH (1) OF THIS SUBSECTION; AND". //87 STAT. 1024//
(B) (1) SECTION 7 (B) (6) OF THE SMALL BUSINESS ACT IS REPEALED.
(2) PARAGRAPH (7) OF SUCH SECTION 7 (B) IS REDESIGNATED AS PARAGRAPH
(6). //87 STAT. 1618. 86 STAT. 555.//
(C) SECTION 28 (D) OF THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
(PUBLIC LAW 91 - 596) IS AMENDED BY STRIKING OUT "7 (B) (6)" AND
INSERTING IN LIEU THEREOF "7 (B) (5)". //84 STAT. 1618. 42 USC 3142 -
1.//
(D) IN NO CASE SHALL THE INTEREST RATE CHARGED FOR LOANS TO MEET
REGULATORY STANDARDS BE LOWER THAN LOANS MADE IN CONNECTION WITH
PHYSICAL DISASTERS.
SEC. 3. (A) SUBSECTION (G) OF SECTION 7 OF THE SMALL BUSINESS ACT,
AS ADDED BY SECTION 3(B) OF THE SMALL BUSINESS INVESTMENT ACT AMENDMENTS
OF 1972, IS DESIGNATED AS SUBSECTION (H). //86 STAT. 1316.//
(B) SUBSECTION (C) OF SECTION 4 OF THE SMALL BUSINESS ACT IS AMENDED
BY STRIKING OUT "7 (G)" EACH PLACE IT APPEARS IN PARAGRAPHS (1) (B),
(2), AND (4) AND INSERTING IN LIEU THEREOF "7 (H)". //80 STAT. 132; 86
STAT. 1316. 15 USC 633.//
SEC. 4. //ANTE, P. 24.// NOTWITHSTANDING THE PROVISIONS OF PUBLIC
LAW 93 - 24, THE SECRETARY OF AGRICULTURE SHALL CONTINUE TO EXERCISE HIS
AUTHORITY WITH RESPECT TO NATURAL DISASTERS WHICH OCCURRED AFTER
DECEMBER 26, 1972, BUT PRIOR TO APRIL 20, 1973, IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 5 OF PUBLIC LAW 92 - 385 AS SUCH SECTION WAS IN
EFFECT PRIOR TO APRIL 20, 1973. //86 STAT. 557. 7 USC 1969.//
SEC. 5. SECTION 7 (B) (4) OF THE SMALL BUSINESS ACT IS AMENDED BY
INSERTING BEFORE THE SEMICOLON AT THE END THEREOF THE FOLLOWING: ":
PROVIDED, THAT LOANS UNDER THIS PARAGRAPH INCLUDE LOANS TO PERSONS WHO
ARE ENGAGED IN THE BUSINESS OF RAISING LIVESTOCK (INCLUDING BUT NOT
LIMITED TO CATTLE, HOGS, AND POULTRY), AND WHO SUFFER SUBSTANTIAL
ECONOMIC INJURY AS A RESULT OF ANIMAL DISEASE". //78 STAT. 7; 83 STAT.
802. 15 USC 630.//
SEC. 6. SECTION 7 (B) OF THE SMALL BUSINESS ACT IS AMENDED BY ADDING
AFTER PARAGRAPH (6) THE FOLLOWING NEW PARAGRAPH: //84 STAT. 1618.//
"(7) TO MAKE SUCH LOANS (EITHER DIRECTLY OR IN COOPERATION WITH
BANKS OR OTHER LENDING INSTITUTIONS THROUGH AGREEMENTS TO
PARTICIPATE ON AN IMMEDIATE OR DEFERRED BASIS) AS THE
ADMINISTRATION MAY DETERMINE TO BE NECESSARY OR APPROPRIATE TO
ASSIST ANY SMALL BUSINESS CONCERN IN CONTINUING IN BUSINESS AT ITS
EXISTING LOCATION, IN REESTABLISHING ITS BUSINESS, IN PURCHASING A
NEW BUSINESS, OR IN ESTABLISHING A NEW BUSINESS IF THE
ADMINISTRATION DETERMINES THAT SUCH CONCERN HAS SUFFERED OR WILL
SUFFER SUBSTANTIAL ECONOMIC INJURY AS THE RESULT OF THE CLOSING BY
THE FEDERAL GOVERNMENT OF A MAJOR MILITARY INSTALLATION UNDER THE
JURISDICTION OF THE DEPARTMENT OF DEFENSE, OR AS A RESULT OF A
SEVERE REDUCTION IN THE SCOPE AND SIZE OF OPERATIONS AT A MAJOR
MILITARY INSTALLATION.". //87 STAT. 1024//
SEC. 7. //87 STAT. 1025. 75 STAT. 666. 15 USC 639.// THE FIRST
SENTENCE OF SUBSECTION (A) OF SECTION 10 OF THE SMALL BUSINESS ACT AND
THE FIRST WORD OF THE SECOND SENTENCE OF SUCH SUBSECTION ARE AMENDED TO
READ AS FOLLOWS: "THE ADMINISTRATION SHALL, AS SOON AS PRACTICABLE EACH
CALENDAR YEAR MAKE A COMPREHENSIVE ANNUAL REPORT TO THE PRESIDENT, THE
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES. SUCH REPORT SHALL INCLUDE A DESCRIPTION OF THE STATE
OF SMALL BUSINESS IN THE NATION AND THE SEVERAL STATES, AND A
DESCRIPTION OF THE OPERATIONS OF THE ADMINISTRATION UNDER THIS CHAPTER,
INCLUDING, BUT NOT LIMITED TO, THE GENERAL LENDING, DISASTER RELIEF,
GOVERNMENT REGULATION RELIEF, PROCUREMENT AND PROPERTY DISPOSAL,
RESEARCH AND DEVELOPMENT, TECHNICAL ASSISTANCE, DISSEMINATION OF DATA
AND INFORMATION, AND OTHER FUNCTIONS UNDER THE JURISDICTION OF THE
ADMINISTRATION DURING THE PREVIOUS CALENDAR YEAR. SUCH REPORT SHRLL
CONTAIN RECOMMENDATIONS FOR STRENGTHENING OR IMPROVING SUCH PROGRAMS,
OR, WHEN NECESSARY OR DESIRABLE TO IMPLEMENT MORE EFFECTIVELY
CONGRESSIONAL POLICIES AND PROPOSALS, FOR ESTABLISHING NEW OR
ALTERNATIVE PROGRAMS. IN ADDITION, SUCH".
SEC. 8. SECTION 4 (B) OF THE SMALL BUSINESS ACT IS AMENDED BY ADDING
AFTER "THE ADMINISTRATOR SHALL NOT ENGAGE IN ANY OTHER BUSINESS,
VOCATION, OR EMPLOYMENT THAN THAT OF SERVING AS ADMINISTRATOR," //72
STAT. 384. 15 USC 633.// THE FOLLOWING NEW SENTENCE: "IN CARRYING OUT
THE PROGRAMS ADMINISTERED BY THE SMALL BUSINESS ADMINISTRATION INCLUDING
ITS LENDING AND GUARANTEEING FUNCTIONS, THE ADMINISTRATOR SHALL NOT
DISCRIMINATE ON THE BASIS OF SEX OR MARITAL STATUS AGAINST ANY PERSON OR
SMALL BUSINESS CONCERN APPLYING FOR OR RECEIVING ASSISTANCE FROM THE
SMALL BUSINESS ADMINISTRATION, AND THE SMALL BUSINESS ADMINISTRATION
SHALL GIVE SPECIAL CONSIDERATION TO VETERANS OF THE ARMED FORCES OF THE
UNITED STATES AND THEIR SURVIVORS OR DEPENDENTS.".
SEC. 10. (A) SECTION 3 OF PUBLIC LAW 93 - 24 IS AMENDED BY STRIKING
THEREFROM: ", 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", AND INSERT IN LIEU THEREOF THE FOLLOWING:
"SUCH LOANS SHALL BE MADE WITHOUT REGARD TO WHETHER THE REQUIRED
FINANCIAL ASSISTANCE IS OTHERWISE AVAILABLE FROM PRIVATE, COOPERATIVE,
OR OTHER RESPONSIBLE SOURCES". //ANTE, P. 24.//
(B) THE PROVISIONS OF SUBSECTION (A) OF THIS SECTION SHALL BE GIVEN
EFFECT WITH RESPECT TO ALL LOAN APPLICATIONS AND LOANS MADE IN
CONNECTION WITH A DISASTER OCCURRING ON OR AFTER APRIL 20, 1973.
(C) WITH REGARD TO ALL DISASTERS OCCURRING ON OR AFTER DECEMBER 27,
1972, THE SECRETARY OF AGRICULTURE SHALL EXTEND FOR NINETY DAYS AFTER
THE DATE OF ENACTMENT OF THIS SECTION THE DEADLINE FOR SEEKING
ASSISTANCE UNDER SECTION 321 OF THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT AS AMENDED BY THIS SECTION. //75 STAT. 311. 7 USC
1961.//
(D) SECTION 321 (A) OF PUBLIC LAW 87 - 128, AS AMENDED, IS HEREBY
AMENDED BY STRIKING "WHICH CANNOT BE MET FOR TEMPORARY PERIODS OF TIME
BY PRIVATE, COOPERATIVE, OR OTHER RESPONSIBLE SOURCES (INCLUDING LOANS
THE SECRETARY IS AUTHORIZED TO MAKE OR INSURE UNDER SUBTITLES AND B OF
THIS TITLE OR ANY OTHER ACT OF CONGRESS), AT REASONABLE RATES AND TERMS
FOR LOANS FOR SIMILAR PURPOSES AND PERIODS OF TIME". THE PROVISIONS OF
THIS SUBSECTION SHALL BE GIVEN EFFECT WITH RESPECT TO ALL LOAN
APPLICATIONS AND LOANS MADE IN CONNECTION WITH A DISASTER OCCURRING ON
OR AFTER DECEMBER 27, 1972.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 119 (1973):
SEPT. 28, CONSIDERED AND PASSED SENATE.
. DEC. 17, CONSIDERED AND PASSED HOUSE, AMENDED.
DEC. 17, CONSIDERED AND PASSED HOUSE, AMENDED. DEC. 19, SENATE
AGREED TO HOUSE AMENDMENT WITH AN MENDMENT. AMDEC. 20, HOUSE
AGREED TO SENATE AMENDMENT.
PUBLIC LAW 93-236; 87 STAT. 985 REGIONAL RAIL REORGANIZATION ACT OF
1973 (TITLES III-VI)
SEC. 301. (A) ESTABLISHMENT.--THERE SHALL BE ESTABLISHED WITHIN 300
DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, A CORPORATION TO BE KNOWN AS THE
CONSOLIDATED RAIL CORPORATION.
(B) STATUS.--THE CORPORATION SHALL BE A FOR-PROFIT CORPORATION
ESTABLISHED UNDER THE LAWS OF A STATE AND SHALL NOT BE AN AGENCY OR
INSTRUMENTALITY OF THE FEDERAL GOVERNMENT. THE CORPORATION SHALL BE
DEEMED A COMMON CARRIER BY RAILROAD UNDER SECTION 1 (3) OF THE
INTERSTATE COMMERCE ACT (49 U.S.C. 1 (3)), SHALL BE SUBJECT TO THE
PROVISIONS OF THIS ACT AND, TO THE EXTENT NOT INCONSISTENT WITH SUCH
ACTS, SHALL BE SUBJECT TO APPLICABLE STATE LAW. THE PRINCIPAL OFFICE OF
THE CORPORATION SHALL BE LOCATED IN PHILADELPHIA IN THE COMMONWEALTH OF
PENNSYLVANIA. //41 STAT. 424.//
(C) INCORPORATORS.--THE MEMBERS OF THE EXECUTIVE COMMITTEE OF THE
ASSOCIATION SHALL BE THE INCORPORATORS OF THE CORPORATION AND SHALL TAKE
WHATEVER STEPS ARE NECESSARY TO ESTABLISH THE CORPORATION, INCLUDING THE
FILING OF ARTICLES OF INCORPORATION. THE INCORPORATORS SHALL ALSO SERVE
AS THE BOARD OF DIRECTORS OF THE CORPORATION UNTIL THE STOCK AND OTHER
SECURITIES OF THE CORPORATION ARE DISTRIBUTED TO THE ESTATES OF THE
RAILROADS IN ACCORDANCE WITH SECTION 303 (C) OF THIS TITLE AND SHALL
ADOPT THE INITIAL BYLAWS OF THE CORPORATION.
(D) BOARD OF DIRECTORS.--THE BOARD OF DIRECTORS OF THE CORPORATION
SHALL CONSIST OF 15 INDIVIDUALS SELECTED IN ACCORDANCE WITH THE ARTICLES
AND BYLAWS OF THE CORPORATION: PROVIDED, THAT SO LONG AS 50 PER CENTUM
OR MORE, AS DETERMINED BY THE SECRETARY OF THE TREASURY, OF THE
OUTSTANDING INDEBTEDNESS OF THE CORPORATION CONSISTS OF OBLIGATIONS OF
THE ASSOCIATION OR OTHER DEBTS OWING TO OR GUARANTEED BY THE UNITED
STATES, THREE OF THE MEMBERS OF SUCH BOARD SHALL BE THE SECRETARY, THE
CHAIRMAN AND THE PRESIDENT OF THE ASSOCIATION AND FIVE OF THE MEMBERS OF
SUCH BOARD SHALL BE INDIVIDUALS APPOINTED AS SUCH BY THE PRESIDENT, BY
AND WITH THE ADVICE AND CONSENT OF THE SENATE.
(E) INITIAL CAPITALIZATION.--IN ORDER TO CARRY OUT THE FINAL SYSTEM
PLAN THE CORPORATION IS AUTHORIZED TO ISSUE STOCK AND OTHER SECURITIES.
COMMON STOCK SHALL BE ISSUED INITIALLY TO THE ESTATES OF RAILROADS IN
REORGANIZATION IN THE REGION IN EXCHANGE FOR RAIL PROPERTIES CONVEYED TO
THE CORPORATION PURSUANT TO THE FINAL SYSTEM PLAN. NOTHING IN THIS
SUBSECTION SHALL PRECLUDE THE CORPORATION FROM REPURCHASING THE COMMON
STOCK INITIALLY ISSUED THROUGH PAYMENTS OUT OF PROFITS IN ORDER TO
ESTABLISH AN EMPLOYEE STOCK OWNERSHIP PLAN; AND NOTHING IN THIS
SUBSECTION SHALL PRECLUDE THE RECIPIENTS OF COMMON STOCK INITIALLY
ISSUED FROM ESTABLISHING AN EMPLOYEE STOCK OWNERSHIP PLAN.
(F) AUDIT AND EXPENDITURES.--SO LONG AS 50 PER CENTUM OR MORE, AS
DETERMINED BY THE SECRETARY OF THE TREASURY, OF THE OUTSTANDING
INDEBTEDNESS OF THE CORPORATION CONSISTS OF OBLIGATIONS OF THE
ASSOCIATION OR OTHER DEBTS OWING TO OR GUARANTEED BY THE UNITED STATES,
THE CORPORATION SHALL BE SUBJECT TO THE PROVISIONS OF THE GOVERNMENT
CORPORATION CONTROL ACT FOR THE PURPOSES OF A FEDERAL GOVERNMENT AUDIT.
SECTION 201 OF THE GOVERNMENT CORPORATION CONTROL ACT (31 U.S.C. 856) IS
AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING: ", AND (9) THE
CONSOLIDATED RAIL CORPORATION TO THE EXTENT PROVIDED IN THE REGIONAL
RAIL REORGANIZATION ACT OF 1973.". //ANTE, P. 992.//
(G) ANNUAL REPORT.--THE CORPORATION SHALL TRANSMIT TO THE CONGRESS
AND THE PRESIDENT, NOT LATER THAN 90 DAYS AFTER THE END OF EACH FISCAL
YEAR, A COMPREHENSIVE AND DETAILED REPORT ON ALL ACTIVITIES AND
ACCOMPLISHMENTS OF THE CORPORATION DURING THE PRECEDING FISCAL YEAR.
SEC. 302. THE CORPORATION SHALL HAVE ALL OF THE POWERS AND IS
SUBJECT TO ALL OF THE DUTIES VESTED IN IT UNDER THIS ACT, IN ADDITION TO
THE POWERS CONFERRED UPON IT UNDER THE LAWS OF THE STATE OR STATES IN
WHICH IT IS INCORPORATED AND THE POWERS OF A RAILROAD IN ANY STATE IN
WHICH IT OPERATES. THE CORPORATION IS AUTHORIZED AND DIRECTED TO--
(A) ACQUIRE RAIL PROPERTIES DESIGNATED IN THE FINAL SYSTEM PLAN
TO BE TRANSFERRED OR CONVEYED TO IT;
(B) OPERATE RAIL SERVICE OVER SUCH RAIL PROPERTIES EXCEPT AS
PROVIDED UNDER SECTIONS 304 (E) AND 601 (D) (3) OF THIS ACT;
(C) REHABILITATE, IMPROVE, AND MODERNIZE SUCH RAIL PROPERTIES;
AND
(D) MAINTAIN ADEQUATE AND EFFICIENT RAIL SERVICES.
SO LONG AS 50 PER CENTUM OR MORE, AS DETERMINED BY THE SECRETARY OF THE
TREASURY, OF THE OUTSTANDING INDEBTEDNESS OF THE CORPORATION CONSISTS OF
OBLIGATIONS OF THE ASSOCIATION OR OTHER DEBTS OWING TO OR GUARANTEED BY
THE UNITED STATES, THE CORPORATION SHALL NOT ENGAGE IN ACTIVITIES WHICH
ARE NOT RELATED TO TRANSPORTATION.
SEC. 303. (A) DEPOSIT WITH COURT.--WITHIN 10 DAYS AFTER DELIVERY OF
A CERTIFIED COPY OF A FINAL SYSTEM PLAN PURSUANT TO SECTION 209 (C) OF
THIS ACT--
(1) THE CORPORATION, IN EXCHANGE FOR THERAIL PROPERTIES OF THE
RAILROADS IN REORGANIZATION IN THE REGION AND OF RAILROADS LEASED,
OPERATED, OR CONTROLLED BY RAILROADS IN REORGANIZATION IN THE
REGION TO BE TRANSFERRED TO THE CORPORATION, SHALL DEPOSIT WITH
THE SPECIAL COURT ALL OF THE STOCK AND OTHER SECURITIES OF THE
CORPORATION AND OBLIGATIONS OF THE ASSOCIATION DESIGNATED IN THE
FINAL SYSTEM PLAN TO BE EXCHANGED FOR SUCH RAIL PROPERTIES;
(2) EACH PROFITABLE RAILROAD OPERATING IN THE REGION PURCHASING
RAIL PROPERTIES FROM A RAILROAD IN REORGANIZATION IN THE REGION,
OR FROM A RAILROAD LEASED, OPERATED, OR CONTROLLED BY A RAILROAD
IN REORGANIZATION IN THE REGION, AS PROVIDED IN THE FINAL SYSTEM
PLAN SHALL DEPOSIT WITH THE SPECIAL COURT THE COMPENSATION TO BE
PAID FOR SUCH RAIL PROPERTIES.
(B) CONVEYANCE OF RAIL PROPERTIES.--(1) THE SPECIAL COURT SHALL,
WITHIN 10 DAYS AFTER DEPOSIT UNDER SUBSECTION (A) OF THIS SECTION OF THE
SECURITIES OF THE CORPORATION, OBLIGATIONS OF THE ASSOCIATION, AND
COMPENSATION FROM THE PROFITABLE RAILROADS OPERATING IN THE REGION,
ORDER THE TRUSTEE OR TRUSTEES OF EACH RAILROAD IN REORGANIZATION IN THE
REGION TO CONVEY FORTHWITH TO THE CORPORATION AND THE RESPECTIVE
PROFITABLE RAILROADS OPERATING IN THE REGION, ALL RIGHT, TITLE, AND
INTEREST IN THE RAIL PROPERTIES OF SUCH RAILROAD IN REORGANIZATION AND
SHALL ITSELF ORDER THE CONVEYANCE OF ALL RIGHT, TITLE, AND INTEREST IN
THE RAIL PROPERTIES OF ANY RAILROAD LEASED, OPERATED, OR CONTROLLED BY
SUCH RAILROAD IN REORGANIZATION THAT ARE TO BE CONVEYED TO THEM UNDER
THE FINAL SYSTEM PLAN AS CERTIFIED TO SUCH COURT UNDER SECTION 209 (D)
OF THIS ACT.
(2) ALL RAIL PROPERTIES CONVEYED TO THE CORPORATION AND THE
RESPECTIVE PROFITABLE RAILROADS OPERATING IN THE REGION UNDER THIS
SECTION SHALL BE CONVEYED FREE AND CLEAR OF ANY LIENS OR ENCUMBRANCES,
BUT SUBJECT TO SUCH LEASES AND AGREEMENTS AS SHALL HAVE PREVIOUSLY
BURDENED SUCH PROPERTIES OR BOUND THE OWNER OR OPERATOR THEREOF IN
PURSUANCE OF AN ARRANGEMENT WITH ANY STATE, OR LOCAL OR REGIONAL
TRANSPORTATION AUTHORITY UNDER WHICH FINANCIAL SUPPORT FROM SUCH STATE,
OR LOCAL OR REGIONAL TRANSPORTATION AUTHORITY WAS BEING PROVIDED AT THE
TIME OF ENACTMENT OF THIS ACT FOR THE CONTINUANCE OF RAIL PASSENGER
SERVICE OR ANY LIEN OR ENCUMBRANCE OF NO GREATER THAN 5 YEARS' DURATION
WHICH IS NECESSARY FOR THE CONTRACTUAL PERFORMANCE BY ANY PERSON OF
DUTIES RELATED TO PUBLIC HEALTH OR SANITATION. SUCH CONVEYANCES SHALL
NOT BE RESTRAINED OR ENJOINED BY ANY COURT.
(3) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS ACT,
IF RAILROAD ROLLING STOCK IS INCLUDED IN THE RAIL PROPERTIES TO BE
CONVEYED, SUCH CONVEYANCE MAY ONLY BE EFFECTED IF THE PROFITABLE
RAILROAD OPERATING IN THE REGION OR THE CORPORATION TO WHOM THE
CONVEYANCE IS MADE ASSUMES ALL OF THE OBLIGATIONS UNDER ANY CONDITIONAL
SALE AGREEMENT, EQUIPMENT TRUST AGREEMENT, OR LEASE IN RESPECT TO SUCH
ROLLING STOCK AND SUCH CONVEYANCE IS MADE SUBJECT THERETO; AND THE
PROVISIONS OF THIS ACT SHALL NOT AFFECT THE TITLE AND INTERESTS OF ANY
LESSOR, EQUIPMENT TRUST TRUSTEE, OR CONDITIONAL SALE VENDEE OR ASSIGNEE
UNDER SUCH CONDITIONAL SALE AGREEMENT, EQUIPMENT TRUST AGREEMENT OR
LEASE UNDER SECTION 77 (J) OF THE BANKRUPTCY ACT (11 U.S.C. 205 (J)).
//49 STAT. 911.//
(4) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS ACT,
IF A RAILROAD IN REORGANIZATION HAS LEASED RAIL PROPERTIES FROM A LESSOR
THAT IS NEITHER A RAILROAD NOR CONTROLLED BY OR AFFILIATED WITH A
RAILROAD, AND SUCH LEASE HAS BEEN APPROVED BY THE LESSEE RAILROAD'S
REORGANIZATION COURT PRIOR TO THE DATE OF ENACTMENT OF THIS ACT,
CONVEYANCE OF SUCH LEASE MAY ONLY BE EFFECTED IF THE CORPORATION OR THE
PROFITABLE RAILROAD TO WHOM THE CONVEYANCE IS MADE ASSUMES ALL OF THE
TERMS AND CONDITIONS SPECIFIED IN THE LEASE, INCLUDING THE OBLIGATION TO
PAY THE SPECIFIED RENT TO THE NON-RAILROAD LESSOR.
(C) FINDINGS AND DISTRIBUTION.--(1) AFTER THE RAIL PROPERTIES HAVE
BEEN CONVEYED TO THE CORPORATION AND PROFITABLE RAILROADS OPERATING IN
THE REGION UNDER SUBSECTION (B) OF THIS SECTION, THE SPECIAL COURT,
GIVING DUE CONSIDERATION TO THE FINDINGS CONTAINED IN THE FINAL SYSTEM
PLAN, SHALL DECIDE--
(A) WHETHER THE TRANSFERS OR CONVEYANCES--
(I) OF RAIL PROPERTIES OF EACH RAILROAD IN REORGANIZATION, OR
OF EACH RAILROAD LEASED, OPERATED, OR CONTROLLED BY A RAILROAD IN
REORGANIZATION, TO THE CORPORATION IN EXCHANGE FOR THE SECURITIES
AND THE OTHER BENEFITS ACCRUING TO SUCH RAILROAD AS A RESULT OF
SUCH EXCHANGE, AS PROVIDED IN THE FINAL SYSTEM PLAN AND THIS ACT,
AND
(II) OF RAIL PROPERTIES OF EACH RAILROAD IN REORGANIZATION, OR
OF EACH RAILROAD LEASED, OPERATED, OR CONTROLLED BY A RAILROAD IN
REORGANIZATION, TO A PROFITABLE RAILROAD OPERATING IN THE REGION,
IN ACCORDANCE WITH THE FINAL SYSTEM PLAN, ARE IN THE PUBLIC
INTEREST AND ARE FAIR AND EQUITABLE TO THE ESTATE OF EACH RAILROAD
IN REORGANIZATION IN ACCORDANCE WITH THE STANDARD OF FAIRNESS AND
EQUITY APPLICABLE TO THE APPROVAL OF A PLAN OF REORGANIZATION OR A
STEP IN SUCH A PLAN UNDER SECTION 77 OF THE BANKRUPTCY ACT (11
U.S.C. 205), OR FAIR AND EQUITABLE TO A RAILROAD THAT IS NOT
ITSELF IN REORGANIZATION BUT WHICH IS LEASED, OPERATED, OR
CONTROLLED BY A RAILROAD IN REORGANIZATION; //49 STAT. 911; 76
STAT. 572.// AND
(B) WHETHER THE TRANSFERS OR CONVEYANCES ARE MORE FAIR AND
EQUITABLE THAN IS REQUIRED AS A CONSTITUTIONAL MINIMUM.
(2) IF THE SPECIAL COURT FINDS THAT THE TERMS OF ONE OR MORE
EXCHANGES FOR SECURITIES AND OTHER BENEFITS ARE NOT FAIR AND EQUITABLE
TO AN ESTATE OF A RAILROAD IN REORGANIZATION, OR TO A RAILROAD LEASED,
OPERATED, OR CONTROLLED BY A RAILROAD IN REORGANIZATION, WHICH HAS
TRANSFERRED RAIL PROPERTIES PURSUANT TO THE FINAL SYSTEM PLAN, IT
SHALL--
(A) ENTER A JUDGMENT REALLOCATING THE SECURITIES OF THE
CORPORATION IN A FAIR AND EQUITABLE MANNER IF IT HAS NOT BEEN
FAIRLY ALLOCATED AMONG THE RAILROADS TRANSFERRING RAIL PROPERTIES
TO THE CORPORATION; AND
(B) IF THE LACK OF FAIRNESS AND EQUITY CANNOT BE COMPLETELY
CURED BY A REALLOCATION OF THE CORPORATION'S SECURITIES, ORDER THE
CORPORATION TO PROVIDE FOR THE TRANSFER TO THE RAILROAD OF OTHER
SECURITIES OF THE CORPORATION OR OBLIGATIONS OF THE ASSOCIATION AS
DESIGNATED IN THE FINAL SYSTEM PLAN IN SUCH NATURE AND AMOUNT AS
WOULD MAKE THE EXCHANGE OR EXCHANGES FAIR AND EQUITABLE; AND
(C) IF THE LACK OF FAIRNESS AND EQUITY CANNOT BE COMPLETELY
CURED BY REALLOCATION OF THE CORPORATION'S SECURITIES OR BY
PROVIDING FOR THE TRANSFER OF OTHER SECURITIES OF THE CORPORATION
OR OBLIGATIONS OF THE ASSOCIATION AS DESIGNATED IN THE FINAL
SYSTEM PLAN, ENTER A JUDGMENT AGAINST THE CORPORATION
(3) IF THE SPECIAL COURT FINDS THAT THE TERMS OF ONE OR MORE
CONVEYANCES OF RAIL PROPERTIES TO A PROFITABLE RAILROAD OPERATING IN THE
REGION IN ACCORDANCE WITH THE FINAL SYSTEM PLAN ARE NOT FAIR AND
EQUITABLE, IT SHALL ENTER A JUDGMENT AGAINST SUCH PROFITABLE RAILROAD.
IF THE SPECIAL COURT FINDS THAT THE TERMS OF ONE OR MORE CONVEYANCES OR
EXCHANGES FOR SECURITIES OR OTHER BENEFITS ARE FAIRER AND MORE EQUITABLE
THAN IS REQUIRED AS A CONSTITUTIONAL MINIMUM, THEN IT SHALL ORDER THE
RETURN OF ANY EXCESS SECURITIES, OBLIGATIONS, OR COMPENSATION TO THE
CORPORATION OR A PROFITABLE RAILROAD SO AS NOT TO EXCEED THE
CONSTITUTIONAL MINIMUM STANDARD OF FAIRNESS AND EQUITY.
(4) UPON MAKING THE FINDINGS REFERRED TO IN THIS SUBSECTION, THE
SPECIAL COURT SHALL ORDER DISTRIBUTION OF THE SECURITIES, OBLIGATIONS,
AND COMPENSATION DEPOSITED WITH IT UNDER SUBSECTION (B) OF THIS SECTION
TO THE TRUSTEE OR TRUSTEES OF EACH RAILROAD IN REORGANIZATION IN THE
REGION WHO CONVEYED RIGHT, TITLE, AND INTEREST IN RAIL PROPERTIES TO THE
CORPORATION AND THE RESPECTIVE PROFITABLE RAILROADS UNDER SUCH
SUBSECTION.
(D) APPEAL.--A FINDING OR DETERMINATION ENTERED PURSUANT TO
SUBSECTION (C) OF THIS SECTION MAY BE APPEALED DIRECTLY TO THE SUPREME
COURT OF THE UNITED STATES IN THE SAME MANNER THAT AN INJUNCTION ORDER
MAY BE APPEALED UNDER SECTION 1253 OF TITLE 28, UNITED STATES CODE:
PROVIDED, THAT SUCH APPEALS IS EXCLUSIVE AND SHALL BE FILED IN THE
SUPREME COURT NOT MORE THAN 5 DAYS AFTER SUCH FINDING OR DETERMINATION
IS ENTERED BY THE SPECIAL COURT. //62 STAT. 928.// THE SUPREME COURT
SHALL DISMISS ANY SUCH APPEAL WITHIN 7 DAYS AFTER THE ENTRY OF SUCH AN
APPEAL IF IT DETERMINES THAT SUCH AN APPEAL WOULD NOT BE IN THE INTEREST
OF AN EXPEDITIOUS CONCLUSION OF THE PROCEEDINGS AND SHALL GRANT THE
HIGHEST PRIORITY TO THE DETERMINATION OF ANY SUCH APPEALS WHICH IT
DETERMINES NOT TO DISMISS.
SEC. 304. (A) DISCONTINUANCE.--EXCEPT AS PROVIDED IN SUBSECTIONS (C)
AND (F) OF THIS SECTION, (1) RAIL SERVICE ON RAIL PROPERTIES OF A
RAILROAD IN THE REGION WHICH TRANSFERS TO THE CORPORATION OR TO
PROFITABLE RAILROADS OPERATING IN THE REGION ALL OR SUBSTANTIALLY ALL OF
ITS RAIL PROPERTIES DESIGNATED FOR SUCH CONVEYANCE IN THE FINAL SYSTEM
PLAN, AND (2) RAIL SERVICE ON RAIL PROPERTIES OF A PROFITABLE RAILROAD
OPERATING IN THE REGION WHICH TRANSFERS SUBSTANTIALLY ALL OF ITS RAIL
PROPERTIES TO THE CORPORATION OR TO OTHER RAILROADS PURSUANT TO THE
FINAL SYSTEM PLAN MAY BE DISCONTINUED TO THE EXTENT SUCH DISCONTINUANCE
IS NOT PRECLUDED BY THE TERMS OF THE LEASES AND AGREEMENTS REFERRED TO
IN SECTION 303 (B) (2) OF THIS TITLE IF--
(A) THE FINAL SYSTEM PLAN DOES NOT DESIGNATE RAIL SERVICE TO BE
OPERATED OVER SUCH RAIL PROPERTIES; AND
(B) NOT SOONER THAN 30 DAYS FOLLOWING THE EFFECTIVE DATE OF THE
FINAL SYSTEM PLAN THE TRUSTEE OR TRUSTEES OF THE APPLICABLE
RAILROAD IN REORGANIZATION OR A PROFITABLE RAILROAD GIVE NOTICE IN
WRITING OF INTENT TO DISCONTINUE SUCH RAIL SERVICE ON A DATE
CERTAIN WHICH IS NOT LESS THAN 60 DAYS AFTER THE DATE OF SUCH
NOTICE; AND
(C) THE NOTICE REQUIRED BY PARAGRAPH (B) OF THIS SUBSECTION IS
SENT BY CERTIFIED MAIL TO THE GOVERNOR AND STATE TRANSPORTATION
AGENCIES OF EACH STATE AND TO THE GOVERNMENT OF EACH POLITICAL
SUBDIVISION OF EACH STATE IN WHICH SUCH RAIL PROPERTIES ARE
LOCATED AND TO EACH SHIPPER WHO HAS USED SUCH RAIL SERVICE DURING
THE PREVIOUS 12 MONTHS.
(B) ABANDONMENT.--(1) RAIL PROPERTIES OVER WHICH RAIL SERVICE HAS
BEEN DISCONTINUED UNDER SUBSECTION (A) OF THIS SECTION MAY NOT BE
ABANDONED SOONER THAN 120 DAYS AFTER THE EFFECTIVE DATE OF SUCH
DISCONTINUANCE EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND (F) OF THIS
SECTION. THEREAFTER, EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
SECTION, SUCH RAIL PROPERTIES MAY BE ABANDONED UPON 30 DAYS' NOTICE IN
WRITING TO ALL THOSE REQUIRED TO RECEIVE NOTICE UNDER PARAGRAPH (2) (C)
OF SUBSECTION (A) OF THIS SECTION.
(2) IN ANY CASE IN WHICH RAIL PROPERTIES PROPOSED TO BE ABANDONED
UNDER THIS SECTION ARE DESIGNATED BY THE FINAL SYSTEM PLAN AS RAIL
PROPERTIES WHICH ARE SUITABLE FOR USE FOR OTHER PUBLIC PURPOSES
(INCLUDING ROADS OR HIGHWAYS, OTHER FORMS OF MASS TRANSPORTATION,
CONSERVATION, AND RECREATION), SUCH RAIL PROPERTIES SHALL NOT BE SOLD,
LEASED, EXCHANGED, OR OTHERWISE DISPOSED OF DURING THE 180 DAY PERIOD
BEGINNING ON THE DATE OF NOTICE OF PROPOSED ABANDONMENT UNDER THIS
SECTION UNLESS SUCH RAIL PROPERTIES HAVE FIRST BEEN OFFERED UPON
REASONABLE TERMS, FOR ACQUISITION FOR PUBLIC PURPOSES.
(C) LIMITATIONS.--RAIL SERVICE MAY BE DISCONTINUED AND RAIL
PROPERTIES MAY BE ABANDONED UNDER SUBSECTIONS (A) AND (B) OF THIS
SECTION NOTWITHSTANDING ANY PROVISION OF THE INTERSTATE COMMERCE ACT (49
U.S.C. 1 ET SEQ.) OR THE CONSTITUTION OR LAW OF ANY STATE OR THE
DECISION OF ANY COURT OR ADMINISTRATIVE AGENCY OF THE UNITED STATES OR
OF ANY STATE. //24 STAT. 379.// NO RAIL SERVICE MAY BE DISCONTINUED AND
NO RAIL PROPERTIES MAY BE ABANDONED PURSUANT TO THIS SECTION--
(1) AFTER 2 YEARS FROM THE EFFECTIVE DATE OF THE FINAL SYSTEM
PLAN OR MORE THAN 2 YEARS AFTER THE FINAL PAYMENT OF ANY RAIL
SERVICE CONTINUATION SUBSIDY IS RECEIVED, WHICHEVER IS LATER; OR
(2) IF A SHIPPER, A STATE, THE UNITED STATES, A LOCAL OR REGIONAL
TRANSPORTATION AUTHORITY, OR ANY RESPONSIBLE PERSON OFFERS--
(A) A RAIL SERVICE CONTINUATION SUBSIDY WHICH COVERS THE
DIFFERENCE BETWEEN THE REVENUE ATTRIBUTABLE TO SUCH RAIL
PROPERTIES AND THE AVOIDABLE COSTS OF PROVIDING SERVICE ON SUCH
RAIL PROPERTIES PLUS A REASONABLE RETURN ON THE VALUE OF SUCH RAIL
PROPERTIES;
(B) A RAIL SERVICE CONTINUATION SUBSIDY WHICH IS PAYABLE
PURSUANT TO A LEASE OR AGREEMENT WITH A STATE, OR A LOCAL OR
REGIONAL TRANSPORTATION AUTHORITY, UNDER WHICH FINANCIAL SUPPORT
WAS BEING PROVIDED AT THE TIME OF THE ENACTMENT OF THIS ACT FOR
THE CONTINUANCE OF RAIL PASSENGER SERVICE; OR
(C) TO PURCHASE, PURSUANT TO SUBSECTION (D) OF THIS SECTION,
SUCH RAIL PROPERTIES IN ORDER TO OPERATE RAIL SERVICE OVER SUCH
PROPERTIES.
IF A RAIL SERVICE CONTINUATION SUBSIDY IS OFFERED, THE GOVERNMENT OR
PERSON OFFERING THE SUBSIDY SHALL ENTER INTO AN OPERATING AGREEMENT WITH
THE CORPORATION OR ANY RESPONSIBLE PERSON (INCLUDING A GOVERNMENT
ENTITY) UNDER WHICH THE CORPORATION OR SUCH PERSON (INCLUDING A
GOVERNMENT ENTITY) WILL OPERATE RAIL SERVICE OVER SUCH RAIL PROPERTIES
AND RECEIVE THE DIFFERENCE BETWEEN THE REVENUE ATTRIBUTABLE TO SUCH
PROPERTIES AND THE TRUSTEE OF ANY RAILROAD IN REORGANIZATION SHALL
RECEIVE A REASONABLE RATE OF RETURN ON THE VALUE OF ANY RAIL PROPERTIES
FOR WHICH A RAIL SERVICE IS OPERATED UNDER SUCH SUBSIDY.
(D) PURCHASE.--IF AN OFFER TO PURCHASE IS MADE UNDER SUBSECTION (C)
(2) (C) OF THIS SECTION, SUCH OFFER SHALL BE ACCOMPANIED BY AN OFFER OF
A RAIL SERVICE CONTINUATION SUBSIDY. SUCH SUBSIDY SHALL CONTINUE UNTIL
THE PURCHASE TRANSACTION IS COMPLETED, UNLESS A RAILROAD ASSUMES
OPERATIONS OVER SUCH RAIL PROPERTIES ON ITS OWN ACCOUNT PURSUANT TO AN
ORDER OR AUTHORIZATION OF THE COMMISSION. WHENEVER A RAILROAD IN
REORGANIZATION IN THE REGION OR A PROFITABLE RAILROAD GIVES NOTICE OF
INTENT TO DISCONTINUE SERVICE PURSUANT TO SUBSECTION (A) OF THIS
SECTION, SUCH RAILROAD SHALL, UPON THE REQUEST OF ANYONE APPARENTLY
QUALIFIED TO MAKE A PURCHASE OFFER PROMPTLY MAKE AVAILABLE ITS MOST
RECENT REPORTS ON THE PHYSICAL CONDITION OF SUCH PROPERTY TOGETHER WITH
SUCH TRAFFIC AND REVENUE DATA AS WOULD BE REQUIRED UNDER SUBPART B OF
PART 1121 OF CHAPTER X OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS
AND SUCH OTHER DATA NECESSARY TO ASCERTAIN THE AVOIDABLE COSTS OF
PROVIDING SERVICE OVER SUCH RAIL PROPERTIES.
(E) ABANDONMENT BY CORPORATION.--AFTER THE RAIL SYSTEM TO BE OPERATED
BY THE CORPORATION UNDER THE FINAL SYSTEM PLAN HAS BEEN IN OPERATION FOR
2 YEARS, THE COMMISSION MAY AUTHORIZE THE CORPORATION TO ABANDON ANY
RAIL PROPERTIES AS TO WHICH IT DETERMINES THAT RAIL SERVICE OVER SUCH
PROPERTIES IS NOT REQUIRED BY THE PUBLIC CONVENIENCE AND NECESSITY. THE
COMMISSION MAY, AT ANY TIME AFTER THE EFFECTIVE DATE OF THE FINAL SYSTEM
PLAN, AUTHORIZE ADDITIONAL RAIL SERVICE IN THE REGION OR AUTHORIZE THE
ABANDONMENT OF RAIL PROPERTIES WHICH ARE NOT BEING OPERATED BY THE
CORPORATION OR BY ANY OTHER PERSON. DETERMINATIONS BY THE COMMISSION
UNDER THIS SUBSECTION SHALL BE MADE PURSUANT TO APPLICABLE PROVISIONS OF
THE INTERSTATE COMMERCE ACT (49 U.S.C. 1). //24 STAT. 379.//
(F) INTERIM ABANDONMENT.--AFTER THE DATE OF ENACTMENT OF THIS ACT, NO
RAILROAD IN REORGANIZATION MAY DISCONTINUE SERVICE OR ABANDON ANY LINE
OF RAILROAD OTHER THAN IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT,
UNLESS IT IS AUTHORIZED TO DO SO BY THE ASSOCIATION AND UNLESS NO
AFFECTED STATE OR LOCAL OR REGIONAL TRANSPORTATION AUTHORITY REASONABLY
OPPOSES SUCH ACTION, NOTWITHSTANDING ANY PROVISION OF ANY OTHER FEDERAL
LAW, THE CONSTITUTION OR LAW OF ANY STATE, OR DECISION OR ORDER OF, OR
THE PENDENCY OF ANY PROCEEDING BEFORE ANY FEDERAL OR STATE COURT,
AGENCY, OR AUTHORITY.
SEC. 401. (A) FINDINGS.--THE CONGRESS FINDS AND DECLARES THAT--
(1) THE NATION IS FACING AN ENERGY SHORTAGE OF ACUTS
PROPORTIONS IN THE NEXT DECADE.
(2) RAILROADS ARE ONE OF THE MOST ENERGY-EFFICIENT MODES OF
TRANSPORTATION FOR THE MOVEMENT OF PASSENGERS AND FREIGHT AND
CAUSE THE LEAST AMOUNT OF POLLUTION.
(3) ABANDONMENT, TERMINATION, OR SUBSTANTIAL REDUCTION OF RAIL
SERVICE IN ANY LOCALITY WILL ADVERSELY AFFECT THE NATION'S
LONG-TERM AND IMMEDIATE GOALS WITH RESPECT TO ENERGY CONSERVATION
AND ENVIRONMENTAL PROTECTION.
(4) UNDER CERTAIN CIRCUMSTANCES THE COST TO THE TAXPAYERS OF
RAIL SERVICE CONTINUATION SUBSIDIES WOULD BE LESS THAN THE COST OF
ABANDONMENT OF RAIL SERVICE IN TERMS OF LOST JOBS, ENERGY
SHORTAGES, AND DEGRADATION OF THE ENVIRONMENT.
(B) PURPOSE.--THEREFORE, IT IS DECLARED TO BE THE PURPOSE OF THE
CONGRESS TO AUTHORIZE THE SECRETARY TO MAINTAIN A PROGRAM OF RAIL
SERVICE CONTINUATION SUBSIDIES.
SEC. 402. (A) GENERAL.--THE SECRETARY SHALL PROVIDE FINANCIAL
ASSISTANCE IN ACCORDANCE WITH THIS SECTION FOR THE PURPOSE OF RAIL
SERVICE CONTINUATION SUBSIDIES. FOR PURPOSES OF SUBSECTION (B) (1) OF
THIS SECTION THE FEDERAL SHARE OF A RAIL SERVICE CONTINUATION SUBSIDY
SHALL BE 70 PER CENTUM AND THE STATE SHARE SHALL BE 30 PER CENTUM. FOR
PURPOSES OF SUBSECTION (B) (2) OF THIS SECTION A STATE RECEIVING
DISCRETIONARY ASSISTANCE SHALL BE REQUIRED TO CONTRIBUTE AT LEAST 30 PER
CENTUM OF THE COST OF THE PROGRAM FOR WHICH THE FEDERAL ASSISTANCE IS
PROVIDED.
(B) ENTITLEMENT.--(1) EACH STATE IN THE REGION IS ENTITLED TO AN
AMOUNT FOR RAIL SERVICE CONTINUATION SUBSIDIES FROM 50 PER CENTUM OF THE
SUMS APPROPRIATED EACH FISCAL YEAR FOR SUCH PURPOSE IN THE RATIO WHICH
THE TOTAL RAIL MILEAGE IN SUCH STATE, AS DETERMINED BY THE SECRETARY AND
MEASURED IN POINT-TO-POINT LENGTH (EXCLUDING YARD TRACKS AND SIDINGS),
BEARS TO THE TOTAL RAIL MILEAGE IN ALL THE STATES IN THE REGION,
MEASURED IN THE SAME MANNER, EXCEPT THAT THE ENTITLEMENT OF EACH STATE
SHALL BE NO LESS THAN 3 PER CENTUM, AND THE ENTITLEMENT OF NO STATE
SHALL BE MORE THAN 10 PER CENTUM, OF 50 PER CENTUM OF THE FUNDS
APPROPRIATED. IN THE EVENT THAT THE TOTAL AMOUNT ALLOCATED UNDER THIS
FORMULA, DUE TO THE APPLICATION OF THE MAXIMUM AND MINIMUM LIMITATIONS
WHICH IT ESTABLISHES, IS GREATER OR LESS THAN 50 PER CENTUM OF THE FUNDS
APPROPRIATED, THE EXCESS OR DEFICIENCY, AS THE CASE MAY BE, SHALL BE
ADDED TO OR DEDUCTED FROM THE SECRETARY'S DISCRETIONARY FUND PROVIDED
FOR IN PARAGRAPH (2) OF THIS SUBSECTION. THE ENTITLEMENT OF ANY STATE
WHICH IS WITHHELD IN ACCORDANCE WITH THIS SECTION AND ANY SUMS NOT USED
OR COMMITTED BY A STATE DURING THE PRECEDING FISCAL YEAR SHALL BE PAID
INTO THE DISCRETIONARY FUND PROVIDED FOR IN PARAGRAPH (2) OF THIS
SUBSECTION.
(2) THE SECRETARY IS AUTHORIZED TO PROVIDE DISCRETIONARY FINANCIAL
ASSISTANCE TO A STATE OR A LOCAL OR REGIONAL TRANSPORTATION AUTHORITY IN
THE REGION FOR THE PURPOSE OF CONTINUING LOCAL RAIL SERVICES, INCLUDING
ASSISTANCE FOR THE PURPOSES ENUMERATED IN SECTION 403 OF THIS TITLE.
(C) ELIGIBILITY.--A STATE IN THE REGION IS ELIGIBLE TO RECEIVE RAIL
SERVICE CONTINUATION SUBSIDIES PURSUANT TO SUBSECTION (B) OF THIS
SECTION IN ANY FISCAL YEAR IF--
(1) THE STATE HAS ESTABLISHED A STATE PLAN FOR RAIL
TRANSPORTATION AND LOCAL RAIL SERVICES WHICH IS ADMINISTERED OR
COORDINATED BY A DESIGNATED STATE AGENCY AND SUCH PLAN PROVIDES
FOR THE EQUITABLE DISTRIBUTION OF SUCH SUBSIDIES AMONG STATE,
LOCAL, AND REGIONAL TRANSPORTATION AUTHORITIES;
(2) THE STATE AGENCY HAS AUTHORITY AND ADMINISTRATIVE
JURISDICTION TO DEVELOP, PROMOTE, SUPERVISE, AND SUPPORT SAFE,
ADEQUATE, AND EFFICIENT RAIL SERVICES; EMPLOYS OR WILL EMPLOY,
DIRECTLY OR INDIRECTLY, SUFFICIENT TRAINED AND QUALIFIED
PERSONNEL; AND MAINTAINS OR WILL MAINTAIN ADEQUATE PROGRAMS OF
INVESTIGATION, RESEARCH, PROMOTION, AND DEVELOPMENT WITH PROVISION
FOR PUBLIC PARTICIPATION;
(3) THE STATE PROVIDES SATISFACTORY ASSURANCE THAT SUCH FISCAL
CONTROL AND FUND ACCOUNTING PROCEDURES WILL BE ADOPTED AS MAY BE
NECESSARY TO ASSURE PROPER DISBURSEMENT OF, AND ACCOUNTING FOR,
FEDERAL FUNDS PAID UNDER THIS TITLE TO THE STATE; AND (4) THE
STATE COMPLIES WITH THE REGULATIONS OF THE SECRETARY ISSUED UNDER
THIS SECTION.
(D) REGULATIONS.--WITHIN 90 DAYS AFTER THE DATE OF ENACTMENT OF THIS
ACT, THE SECRETARY SHALL ISSUE, AND MAY FROM TIME TO TIME AMEND,
REGULATIONS WITH RESPECT TO BASIC AND DISCRETIONARY RAIL SERVICE
CONTINUATION SUBSIDIES.
(E) PAYMENT.--THE SECRETARY SHALL PAY TO EACH STATE IN THE REGION AN
AMOUNT EQUAL TO ITS ENTITLEMENT UNDER SUBSECTION (B) (1) OF THIS
SECTION. ANY AMOUNTS WHICH ARE NOT EXPENDED OR COMMITTED BY A STATE
PURSUANT TO SUBSECTION (B) DURING THE ENSUING FISCAL YEAR SHALL BE
RETURNED BY SUCH STATE TO THE SECRETARY, WHO MAY USE SUCH AMOUNTS IN
ACCORDANCE WITH SUBSECTION (B) (2) OF THIS SECTION.
(F) TERM.--A RAIL SERVICE CONTINUATION SUBSIDY BETWEEN A STATE, OR A
LOCAL OR REGIONAL AUTHORITY, AND THE CORPORATION OR OTHER RESPONSIBLE
PERSON (INCLUDING A GOVERNMENT ENTITY) MAY NOT EXCEED A TERM OF 2 YEARS.
(G) RECORD, AUDIT, AND EXAMINATION.--(1) EACH RECIPIENT OF FINANCIAL
ASSISTANCE UNDER THIS SECTION, WHETHER IN THE FORM OF GRANTS, SUBGRANTS,
CONTRACTS, SUBCONTRACTS, OR OTHER ARRANGEMENTS, SHALL KEEP SUCH RECORDS
AS THE SECRETARY SHALL PRESCRIBE, INCLUDING RECORDS WHICH FULLY DISCLOSE
THE AMOUNT AND DISPOSITION BY SUCH RECIPIENT OF THE PROCEEDS OF SUCH
ASSISTANCE, THE TOTAL COST OF THE PROJECT OR UNDERTAKING IN CONNECTION
WITH WHICH SUCH ASSISTANCE WAS GIVEN OR USED, THE AMOUNT OF THAT PORTION
OF THE COST OF THE PROJECT SUPPLIED BY OTHER SOURCES, AND SUCH OTHER
RECORDS AS WELL AS WILL FACILITATE AN EFFECTIVE AUDIT.
(2) THE SECRETARY AND THE COMPTROLLER GENERAL OF THE UNITED STATES,
OR ANY OF THEIR DULY AUTHORIZED REPRESENTATIVES SHALL, UNTIL THE
EXPIRATION OF 3 YEARS AFTER COMPLETION OF THE PROJECT OR UNDERTAKING
REFERRED TO IN PARAGRAPH (1) OF THIS SUBSECTION, HAVE ACCESS FOR THE
PURPOSE OF AUDIT AND EXAMINATION TO ANY BOOKS, DOCUMENTS, PAPERS, AND
RECORDS OF SUCH RECEIPTS WHICH IN THE OPINION OF THE SECRETARY OR THE
COMPTROLLER GENERAL MAY BE RELATED OR PERTINENT TO THE GRANTS,
CONTRACTS, OR OTHER ARRANGEMENTS REFERRED TO IN SUCH PARAGRAPH.
(H) WITHHOLDING.--IF THE SECRETARY, AFTER REASONABLE NOTICE AND
OPPORTUNITY FOR A HEARING TO ANY STATE AGENCY, FINDS THAT A STATE IS NOT
ELIGIBLE FOR RAIL SERVICE CONTINUATION SUBSIDIES UNDER SUBSECTIONS (C)
AND (D) OF THIS SECTION, PAYMENT TO SUCH STATE SHALL NOT BE MADE UNTIL
THERE IS NO LONGER ANY FAILURE TO COMPLY.
(I) AUTHORIZATION FOR APPROPRIATIONS.--(1) THERE IS AUTHORIZED TO BE
APPROPRIATED TO CARRY OUT THE PURPOSES OF THIS SECTION SUCH SUMS AS ARE
NECESSARY, NOT TO EXCEED $90,000,000 FOR EACH OF THE 2 FISCAL YEARS
INCLUDING AND FOLLOWING THE EFFECTIVE DATE OF THE FINAL SYSTEM PLAN.
SUCH SUMS AS ARE APPROPRIATED SHALL REMAIN AVAILABLE UNTIL EXPENDED.
(2) ONE-HALF OF THE SUMS APPROPRIATED PURSUANT TO THE AUTHORIZATION
OF THIS SUBSECTION SHALL BE RESERVED FOR ALLOCATION TO STATES IN THE
REGION UNDER SUBSECTION (B) (1) OF THIS SECTION. ONE-HALF OF THE SUMS
APPROPRIATED PURSUANT TO THE AUTHORIZATION OF THIS SUBSECTION SHALL BE
RESERVED FOR DISTRIBUTION BY THE SECRETARY UNDER SUBSECTION (B) (2) OF
THIS SECTION.
(J) DEFINITION.--AS USED IN THIS SECTION, "RAIL SERVICE CONTINUATION
SUBSIDIES" MEANS SUBSIDIES CALCULATED IN ACCORDANCE WITH THE PROVISIONS
OF SECTION 205 (D) (3) OF THIS ACT TO COVER COSTS OF OPERATING ADEQUATE
AND EFFICIENT RAIL SERVICE, INCLUDING WHERE NECESSARY IMPROVEMENT AND
MAINTENANCE OF TRACKS AND RELATED FACILITIES.
SEC. 403. (A) ACQUISITION.--IF A STATE WHICH IS ELIGIBLE FOR
ASSISTANCE UNDER SECTION 402 (C) OF THIS TITLE OR A LOCAL OR REGIONAL
TRANSPORTATION AUTHORITY HAS MADE AN OFFER TO PURCHASE ANY RAIL
PROPERTIES OF A RAILROAD PURSUANT TO SECTION 304 (C) (2) (C) OF THIS ACT
OR OTHER LAWFUL AUTHORITY NOT TO EXCEED 70 PER CENTUM OF THE PURCHASE
PRICE: PROVIDED, HOWEVER, THAT ANY RECIPIENT OF SUCH LOAN IS NO LONGER
ELIGIBLE FOR A RAIL SERVICE CONTINUATION SUBSIDY PURSUANT TO SECTION 402
OF THIS TITLE.
(B) MODERNIZATION.--IN ADDITION TO SUCH ACQUISITION LOANS, THE
SECRETARY IS AUTHORIZED TO DIRECT THE ASSOCIATION TO PROVIDE ADDITIONAL
ASSISTANCE NOT TO EXCEED 70 PER CENTUM OF THE COST OF RESTORING OR
REPAIRING SUCH RAIL PROPERTIES TO SUCH CONDITION AS WILL ENABLE SAFE AND
EFFICIENT RAIL TRANSPORTATION OPERATIONS OVER SUCH RAIL PROPERTIES.
SUCH FINANCIAL ASSISTANCE MAY BE IN THE FORM OF A LOAN OR THE GUARANTEE
OF A LOAN. THE ASSOCIATION SHALL PROVIDE SUCH FINANCIAL ASSISTANCE AS
THE SECRETARY MAY DIRECT UNDER THIS SECTION AND SHALL ADOPT REGULATIONS
DESCRIBING ITS PROCEDURES FOR SUCH ASSISTANCE. WITH THE APPROVAL OF THE
SECRETARY, A STATE MAY EXPEND SUMS RECEIVED BY IT UNDER SECTION 402 OF
THIS TITLE FOR ACQUISITION AND MODERNIZATION PURSUANT TO THIS SECTION.
SEC. 501. AS USED IN THIS TITLE UNLESS THE CONTEXT OTHERWISE
REQUIRES--
(1) "ACQUIRING RAILROAD" MEANS A RAILROAD, EXCEPT THE CORPORATION,
WHICH SEEKS TO ACQUIRE OR HAS ACQUIRED, PURSUANT TO THE PROVISIONS OF
THIS ACT, ALL OR A PRRT OF THE RAIL PROPERTIES OF ONE OR MORE OF THE
RAILROADS IN REORGANIZATION, THE CORPORATION, OR A PROFITABLE RAILROAD;
(2) "EMPLOYEE OF A RAILROAD IN REORGANIZATION" MEANS A PERSON WHO, ON
THE EFFECTIVE DATE OF A CONVEYANCE OF RAIL PROPERTIES OF A RAILROAD IN
REORGANIZATION TO THE CORPORATION OR TO AN ACQUIRING RAILROAD, HAS AN
EMPLOYMENT RELATIONSHIP WITH EITHER SAID RAILROAD IN REORGANIZATION OR
ANY CARRIER (AS DEFINED IN PARTS I AND II OF THE INTERSTATE COMMERCE
ACT) //49 USC 1, 301.// WHICH IS LEASED, CONTROLLED, OR OPERATED BY THE
RAILROAD IN REORGANIZATION EXCEPT A PRESIDENT, VICE PRESIDENT,
TREASURER, SECRETARY, COMPTROLLER, AND ANY OTHER PERSON WHO PERFORMS
FUNCTIONS CORRESPONDING TO THOSE PERFORMED BY THE FOREGOING OFFICERS;
(3) "PROTECTED EMPLOYEE" MEANS ANY EMPLOYEE OF AN ACQUIRING RAILROAD
ADVERSELY AFFECTED BY A TRANSACTION AND ANY EMPLOYEE OF A RAILROAD IN
REORGANIZATION WHO ON THE EFFECTIVE DATE OF THIS ACT HAVE NOT REACHED
AGE 65;
(4) "CLASS OR CRAFT OF EMPLOYEES" MEANS A GROUP OF EMPLOYEES,
RECOGNIZED AND TREATED AS A UNIT FOR PURPOSES OF COLLECTIVE BARGAINING,
WHICH IS REPRESENTED BY A LABOR ORGANIZATION THAT HAS BEEN DULY
AUTHORIZED OR RECOGNIZED PURSUANT TO THE RAILWAY LABOR ACT AS ITS
REPRESENTATIVE FOR PURPOSES OF COLLECTIVE BARGAINING; //44 STAT. 577.
45 USC 151.//
(5) "REPRESENTATIVE OF A CLASS OR CRAFT OF EMPLOYEES" MEANS A LABOR
ORGANIZATION WHICH HAS BEEN DULY AUTHORIZED OR RECOGNIZED AS THE
COLLECTIVE BARGAINING REPRESENTATIVE OF A CLASS OR CRAFT OF EMPLOYEES
PURSUANT TO THE RAILWAY LABOR ACT;
(6) "DEPRIVED OF EMPLOYMENT" MEANS THE INABILITY OF A PROTECTED
EMPLOYEE TO OBTAIN A POSITION BY THE NORMAL EXERCISE OF HIS SENIORITY
RIGHTS WITH THE CORPORATION AFTER PROPERLY ELECTING TO ACCEPT EMPLOYMENT
THEREWITH OR, THE SUBSEQUENT LOSS OF A POSITION AND INABILITY, BY THE
NORMAL EXERCISE OF HIS SENIORITY RIGHTS UNDER THE APPLICABLE COLLECTIVE
BARGAINING AGREEMENTS, TO OBTAIN ANOTHER POSITION WITH THE CORPORATION:
PROVIDED, HOWEVER, THAT PROVISIONS IN EXISTING COLLECTIVE BARGAINING
AGREEMENTS OF A RAILROAD IN REORGANIZATION, WHICH DO NOT REQUIRE A
PROTECTED EMPLOYEE, IN THE NORMAL EXERCISE OF SENIORITY RIGHTS, TO MAKE
A CHANGE IN RESIDENCE, IN ORDER TO MAINTAIN HIS PROTECTION, WILL BE
PRESERVED AND WILL ALSO BE EXTENDED AND BE APPLICABLE TO ALL OTHER
PROTECTED EMPLOYEES OF THAT SAME CRAFT OR CLASS. IT SHALL NOT, HOWEVER,
INCLUDE ANY DEPRIVATION OF EMPLOYMENT BY REASON OF DEATH, RETIREMENT,
RESIGNATION, DISMISSAL OR DISCIPLINARY SUSPENSION FOR CAUSE, FAILURE TO
WORK DUE TO ILLNESS OR DISABILITY, NOR ANY SEVERANCE OF EMPLOYMENT
COVERED BY SUBSECTIONS (D) AND (E) OF SECTION 505 OF THIS TITLE:
(7) "EMPLOYEE ADVERSELY AFFECTED WITH RESPECT TO HIS COMPENSATION"
MEANS A PROTECTED EMPLOYEE WHO SUFFERS A REDUCTION IN COMPENSATION;
(8) "TRANSACTION" MEANS ACTIONS TAKEN PURSUANT TO THE PROVISIONS OF
THIS ACT OR THE RESULTS THEREOF; AND
(9) "CHANGE IN RESIDENCE" MEANS TRANSFER TO A WORK LOCATION WHICH IS
LOCATED EITHER (A) OUTSIDE A RADIUS OF 30 MILES OF THE EMPLOYEE'S FORMER
WORK LOCATION AND FARTHER FROM HIS RESIDENCE THAN WAS HIS FORMER WORK
LOCATION OR (B) IS LOCATED MORE THAN 30 NORMAL HIGHWAY ROUTE MILES FROM
HIS RESIDENCE AND ALSO FARTHER FROM HIS RESIDENCE THAN WAS HIS FORMER
WORK LOCATION.
SEC. 502. (A) APPLICABLE LAW.--THE CORPORATION AND, WHERE
APPLICABLE, THE ASSOCIATION SHALL BE SUBJECT TO THE PROVISIONS OF THE
RAILWAY LABOR ACT AND SHALL BE CONSIDERED EMPLOYERS FOR PURPOSES OF THE
RAILROAD RETIREMENT ACT, RAILROAD RETIREMENT TAX ACT, AND THE RAILROAD
UNEMPLOYMENT INSURANCE ACT. THE CORPORATION, IN ADDITION, SHALL, EXCEPT
AS OTHERWISE SPECIFICALLY PROVIDED BY THIS ACT, BE SUBJECT TO ALL
FEDERAL AND STATE LAWS AND REGULATIONS APPLICABLE TO CARRIERS BY
RAILROAD. //48 STAT. 1283. 26 USC 3201. 45 USC 367.//
(B) MANDATORY OFFER.--THE CORPORATION SHALL OFFER EMPLOYMENT, TO BE
EFFECTIVE AS OF THE DATE OF A CONVEYANCE OR DISCONTINUANCE OF SERVICE
UNDER THE PROVISIONS OF THIS ACT, TO EACH EMPLOYEE OF A RAILROAD IN
REORGANIZATION WHO HAS NOT ALREADY ACCEPTED AN OFFER OF EMPLOYMENT BY
THE ASSOCIATION, WHERE APPLICABLE, OR AN ACQUIRING RAILROAD. SUCH
OFFERS OF EMPLOYMENT TO EMPLOYEES REPRESENTED BY LABOR ORGANIZATIONS
WILL BE CONFINED TO THEIR SAME CRAFT OR CLASS. THE CORPORATION SHALL
APPLY TO SAID EMPLOYEES THE PROTECTIVE PROVISIONS OF THIS TITLE.
(C) ASSOCIATION.--AFTER THE TRANSFER OF RAIL PROPERTIES PURSUANT TO
SECTION 303, THE ASSOCIATION, IN EMPLOYING ANY ADDITIONAL EMPLOYEES,
SHALL GIVE PRIOITY CONSIDERATION TO EMPLOYEES OF A RAILROAD IN
REORGANIZATION AND THE PROVISIONS OF THIS TITLE SHALL APPLY TO ANY SUCH
EMPLOYEES EMPLOYED BY THE ASSOCIATION AS IF THEY WERE EMPLOYEES OF THE
CORPORATION.
SEC. 503. THE CORPORATION SHALL HAVE THE RIGHT TO ASSIGN, ALLOCATE,
REASSIGN, REALLOCATE, AND CONSOLIDATE WORK FORMERLY PERFORMED ON THE
RAIL PROPERTIES ACQUIRED PURSUANT TO THE PROVISIONS OF THIS ACT FROM A
RAILROAD IN REORGANIZATION TO ANY LOCATION, FACILITY, OR POSITION ON ITS
SYSTEM PROVIDED IT DOES NOT REMOVE SAID WORK FROM COVERAGE OF A
COLLECTIVE-BARGAINING AGREEMENT AND DOES NOT INFRINGE UPON THE EXISTING
CLASSIFICATION OF WORK RIGHTS OF ANY CRAFT OR CLASS OF EMPLOYEES AT THE
LOCATION OR FACILITY TO WHICH SAID WORK IS ASSIGNED, ALLOCATED,
REASSIGNED, REALLOCATED, OR CONSOLIDATED AND SHALL HAVE THE RIGHT TO
TRANSFER TO AN ACQUIRING RAILROAD THE WORK INCIDENT TO THE RAIL
PROPERTIES OR FACILITIES ACQUIRED BY SAID ACQUIRING RAILROAD PURSUANT TO
THIS ACT, SUBJECT, HOWEVER, TO THE PROVISIONS OF SECTION 508 OF THIS
TITLE.
SEC. 504. (A) INTERIM APPLICATION.--UNTIL COMPLETION OF THE
AGREEMENTS PROVIDED FOR UNDER SUBSECTION (D) OF THIS SECTION, THE
CORPORATION SHALL, AS THOUGH AN ORIGINAL PARTY THERETO, ASSUME AND APPLY
ON THE PARTICULAR LINES, PROPERTIES, OR FACILITIES ACQUIRED ALL
OBLIGATIONS UNDER EXISTING COLLECTIVE-BARGAINING AGREEMENTS COVERING ALL
CRAFTS AND CLASSES EMPLOYED THEREON, EXCEPT THAT THE AGREEMENT OF MAY
1936, WASHINGTON, D.C. AND PROVISIONS IN OTHER EXISTING JOB
STABILIZATION AGREEMENTS SHALL NOT BE APPLICABLE TO TRANSACTIONS
EFFECTED PURSUANT TO THIS ACT WITH RESPECT TO WHICH THE PROVISIONS OF
SECTION 505 OF THIS TITLE SHALL BE SUPERSEDING AND CONTROLLING. DURING
THIS PERIOD, EMPLOYEES OF A RAILROAD IN REORGANIZATION WHO HAVE
SENIORITY ON THE LINES, PROPERTIES, OR FACILITIES ACQUIRED BY THE
CORPORATION PURSUANT TO THIS ACT SHALL HAVE PRIOR SENIORITY ROSTER
RIGHTS ON SUCH ACQUIRED LINES, PROPERTIES, OR FACILITIES.
(B) SINGLE IMPLEMENTING AGREEMENT.--ON OR BEFORE THE DATE OF THE
ADOPTION OF THE FINAL SYSTEM PLAN BY THE BOARD OF DIRECTORS OF THE
ASSOCIATION AS PROVIDED IN SECTION 207 (C) OF THIS ACT, THE
REPRESENTATIVES OF THE VARIOUS CLASSES OR CRAFTS OF THE EMPLOYEES OF A
RAILROAD IN REORGANIZATION INVOLVED IN A CONVEYANCE PURSUANT TO THIS ACT
AND REPRESENTATIVES OF THE CORPORATION SHALL COMMENCE NEGOTIATION OF A
SINGLE IMPLEMENTING AGREEMENT FOR EACH CLASS AND CRAFT OF EMPLOYEES
AFFECTED PROVIDING (1) THE IDENTIFICATION OF THE SPECIFIC EMPLOYEES OF
THE RAILROAD IN REORGANIZATION TO WHOM THE CORPORATION OFFERS
EMPLOYMENT; (2) THE PROCEDURE BY WHICH THOSE EMPLOYEES OF THE RAILROAD
IN REORGANIZATION MAY ELECT TO ACCEPT EMPLOYMENT WITH THE CORPORATION;
(3) THE PROCEDURE FOR ACCEPTANCE OF SUCH EMPLOYEES INTO THE
CORPORATION'S EMPLOYMENT AND THEIR ASSIGNMENT TO POSITIONS ON THE
CORPORATION'S SYSTEM; (4) THE PROCEDURE FOR DETERMINING THE SENIORITY
OF SUCH EMPLOYEES IN THEIR RESPECTIVE CRAFTS OR CLASSES ON THE
CORPORATION'S SYSTEM WHICH SHALL, TO THE EXTENT POSSIBLE, PRESERVE THEIR
PRIOR SENIORITY RIGHTS; AND (5) THE PROCEDURE FOR DETERMINING EQUITABLE
ADJUSTMENT IN RATES OF COMPARABLE POSITIONS. IF NO AGREEMENT WITH
RESPECT TO THE MATTERS REFERRED TO IN THIS SUBSECTION IS REACHED BY THE
END OF 30 DAYS AFTER THE COMMENCEMENT OF NEGOTIATIONS, THE PARTIES SHALL
WITHIN AN ADDITIONAL 10 DAYS SELECT A NEUTRAL REFEREE AND, IN THE EVENT
THEY ARE UNABLE TO AGREE UPON THE SELECTION OF SUCH REFEREE, THEN THE
NATIONAL MEDIATION BOARD SHALL IMMEDIATELY APPOINT A REFEREE. AFTER A
REFEREE HAS BEEN DESIGNATED, A HEARING ON THE DISPUTE SHALL COMMENCE AS
SOON AS PRACTICABLE. NOT LESS THAN 10 DAYS PRIOR TO THE EFFECTIVE DATE
OF ANY CONVEYANCE PURSUANT TO THE PROVISIONS OF THIS ACT, THE REFEREE
SHALL RESOLVE AND DECIDE ALL MATTERS IN DISPUTE WITH RESPECT TO THE
NEGOTIATION OF SAID IMPLEMENTING AGREEMENT OR AGREEMENTS AND SHALL
RENDER A DECISION WHICH SHALL BE FINAL AND BINDING AND SHALL CONSTITUTE
THE IMPLEMENTING AGREEMENT OR AGREEMENTS BETWEEN THE PARTIES WITH
RESPECT TO THE TRANSACTION INVOLVED. THE SALARY AND EXPENSES OF THE
REFEREE SHALL BE PAID PURSUANT TO THE PROVISIONS OF THE RAILWAY LABOR
ACT. //44 STAT. 577. 45 USC 151.//
(C) RELATIONSHIP TO OTHER PROVISIONS.--NOTWITHSTANDING FAILURE FOR
ANY REASON TO COMPLETE IMPLEMENTING AGREEMENTS PROVIDED FOR IN
SUBSECTION (B) OF THIS SECTION, THE CORPORATION MAY PROCEED WITH A
CONVEYANCE OF PROPERTIES, FACILITIES, AND EQUIPMENT PURSUANT TO THE
PROVISIONS OF THIS ACT AND EFFECTUATE SAID TRANSACTION: PROVIDED, THAT
ALL PROTECTED EMPLOYEES SHALL BE ENTITLED TO ALL OF THE PROVISIONS OF
SUCH AGREEMENTS, AS FINALLY DETERMINED, FROM THE TIME THEY ARE ADVERSELY
AFFECTED AS A RESULT OF ANY SUCH CONVEYANCE.
(D) NEW COLLECTIVE-BARGAINING AGREEMENTS.--NOT LATER THAN 60 DAYS
AFTER THE EFFECTIVE DATE OF ANY CONVEYANCE PURSUANT TO THE PROVISIONS OF
THIS ACT, THE REPRESENTATIVES OF THE VARIOUS CLASSES OR CRAFTS OF THE
EMPLOYEES OF A RAILROAD IN REORGANIZATION INVOLVED IN A CONVEYANCE AND
REPRESENTATIVES OF THE CORPORATION SHALL COMMENCE NEGOTIATIONS OF NEW
COLLECTIVE-BARGAINING AGREEMENTS FOR EACH CLASS AND CRAFT OF EMPLOYEES
COVERING THE RATES OF PAY, RULES AND WORKING CONDITIONS OF EMPLOYEES WHO
ARE EMPLOYEES OF THE CORPORATION, WHICH COLLECTIVE-BARGAINING AGREEMENTS
SHALL INCLUDE APPROPRIATE PROVISIONS CONCERNING RATES OF PAY, RULES, AND
WORKING CONDITIONS BUT SHALL NOT INCLUDE ANY PROVISIONS FOR JOB
STABILIZATION RESULTING FROM ANY TRANSACTION EFFECTED PURSUANT TO THIS
ACT WHICH MAY EXCEED OR CONFLICT WITH THOSE ESTABLISHED OR PRESCRIBED
HEREIN.
SEC. 505. (A) EQUIVALENT POSITION.--A PROTECTED EMPLOYEE WHOSE
EMPLOYMENT IS GOVERNED BY A COLLECTIVE-BARGAINING AGREEMENT WILL NOT,
EXCEPT AS EXPLICITLY PROVIDED IN THIS TITLE, DURING THE PERIOD IN WHICH
HE IS ENTITLED TO PROTECTION, BE PLACED IN A WORSE POSITION WITH RESPECT
TO COMPENSATION, FRINGE BENEFITS, RULES, WORKING CONDITIONS, AND RIGHTS
AND PRIVILEGES PERTAINING THERETO.
(B) MONTHLY DISPLACEMENT ALLOWANCE.--A PROTECTED EMPLOYEE, WHO HAS
BEEN DEPRIVED OF EMPLOYMENT OR ADVERSELY AFFECTED WITH RESPECT TO HIS
COMPENSATION SHALL BE ENTITLED TO A MONTHLY DISPLACEMENT ALLOWANCE
COMPUTED AS FOLLOWS:
(1) SAID ALLOWANCES SHALL BE DETERMINED BY COMPUTING THE TOTAL
COMPENSATION RECEIVED BY THE EMPLOYEE, INCLUDING VACATION
ALLOWANCES AND MONTHLY COMPENSATION GUARANTEES, AND HIS TOTAL TIME
PAID FOR DURING THE LAST 12 MONTHS IMMEDIATELY PRIOR TO HIS BEING
ADVERSELY AFFECTED IN WHICH HE PERFORMED COMPENSATED SERVICE MORE
THAN 50 PER CENTUM OF EACH OF SUCH MONTHS, BASED UPON HIS NORMAL
WORK SCHEDULE, AND BY DIVIDING SEPARATELY THE TOTAL COMPENSATION
AND THE TOTAL TIME PAID FOR BY 12, THEREBY PRODUCING THE AVERAGE
MONTHLY COMPENSATION AND AVERAGE MONTHLY TIME PAID FOR; AND, IF
AN EMPLOYEE'S COMPENSATION IN HIS CURRENT POSITION IS LESS IN ANY
MONTH IN WHICH HE PERFORMS WORK THAN THE AFORESAID AVERAGE
COMPENSATION, HE SHALL BE PAID THE DIFFERENCE, LESS ANY TIME LOST
ON ACCOUNT OF VOLUNTARY ABSENCES OTHER THAN VACATIONS, BUT SAID
PROTECTED EMPLOYEE SHALL BE COMPENSATED IN ADDITION THERETO AT THE
RATE OF THE POSITION FILLED FOR ANY TIME WORKED IN EXCESS OF HIS
AVERAGE MONTHLY TIME, PROVIDED, HOWEVER, THAT--
(A) IN DETERMINING COMPENSATION IN HIS CURRENT EMPLOYMENT THE
PROTECTED EMPLOYEE SHALL BE TREATED AS OCCUPYING THE POSITION,
PRODUCING THE HIGHEST RATE OF PAY TO WHICH HIS QUALIFICATIONS AND
SENIORITY ENTITLE HIM UNDER THE APPLICABLE COLLECTIVE BARGAINING
AGREEMENT AND WHICH DOES NOT REQUIRE A CHANGE IN RESIDENCE;
(B) THE SAID MONTHLY DISPLACEMENT ALLOWANCES SHALL BE REDUCED
BY THE FULL AMOUNT OF ANY UNEMPLOYMENT COMPENSATION BENEFITS
RECEIVED BY THE PROTECTED EMPLOYEE AND SHALL BE REDUCED BY AN
AMOUNT EQUIVALENT TO ANY EARNINGS OF SAID PROTECTED EMPLOYEE IN
ANY EMPLOYMENT SUBJECT TO THE RAILROAD RETIREMENT ACT AND 50 PER
CENTUM OF ANY EARNINGS IN ANY EMPLOYMENT NOT SUBJECT TO THE
RAILROAD RETIREMENT ACT; //48 STAT. 1283.//
(C) A PROTECTED EMPLOYEE'S AVERAGE MONTHLY COMPENSATION SHALL
BE ADJUSTED FROM TIME TO TIME THEREAFTER TO REFLECT SUBSEQUENT
GENERAL WAGE INCREASES;
(D) SHOULD A PROTECTED EMPLOYEE'S SERVICE TOTAL LESS THAN 12
MONTHS IN WHICH HE PERFORMS MORE THAN 50 PER CENTUM COMPENSATED
SERVICE BASED UPON HIS NORMAL WORK SCHEDULE IN EACH OF SAID
MONTHS, HIS AVERAGE MONTHLY COMPENSATION SHALL BE DETERMINED BY
DIVIDING SEPARATELY THE TOTAL COMPENSATION RECEIVED BY THE
EMPLOYEE AND THE TOTAL TIME FOR WHICH HE WAS PAID BY THE NUMBER OF
MONTHS IN WHICH HE PERFORMED MORE THAN 50 PER CENTUM COMPENSATED
SERVICE BASED UPON HIS NORMAL WORK SCHEDULE; AND
(E) THE MONTHLY DISPLACEMENT ALLOWANCE PROVIDED BY THIS SECTION
SHALL IN NO EVENT EXCEED THE SUM OF $2,500 IN ANY MONTH EXCEPT
THAT SUCH AMOUNT SHALL BE ADJUSTED TO REFLECT SUBSEQUENT GENERAL
WAGE INCREASES.
(2) A PROTECTED EMPLOYEE'S AVERAGE MONTHLY COMPENSATION UNDER
THIS SECTION SHALL BE BASED UPON THE RATE OF PAY APPLICABLE TO HIS
EMPLOYMENT AND SHALL INCLUDE INCREASES IN RATES OF PAY NOT IN FACT
PAID BUT WHICH WERE PROVIDED FOR IN NATIONAL RAILROAD LABOR
AGREEMENTS GENERALLY APPLICABLE DURING THE PERIOD INVOLVED.
(3) IF A PROTECTED EMPLOYEE WHO IS ENTITLED TO A MONTHLY
DISPLACEMENT ALLOWANCE SERVED AS AN AGENT OR A REPRESENTATIVE OF A
CLASS OR CRAFT OF EMPLOYEES ON EITHER A FULL- OR PART-TIME BASIS
IN THE 12 MONTHS IMMEDIATELY PRECEDING HIS BEING ADVERSELY
AFFECTED, HIS MONTHLY DISPLACEMENT ALLOWANCE SHALL BE COMPUTED BY
TAKING THE AVERAGE OF THE AVERAGE MONTHLY COMPENSATION AND AVERAGE
MONTHLY TIME PAID FOR OF THE PROTECTED EMPLOYEES IMMEDIATELY ABOVE
AND BELOW HIM ON THE SAME SENIORITY ROSTER OR HIS OWN MONTHLY
DISPLACEMENT ALLOWANCE, WHICHEVER IS GREATER.
(4) AN EMPLOYEE AND HIS REPRESENTATIVE SHALL BE FURNISHED WITH
A PROTECTED EMPLOYEE'S AVERAGE MONTHLY COMPENSATION AND AVERAGE
MONTHLY TIME PAID FOR, COMPUTED IN ACCORDANCE WITH THE TERMS OF
HIS SUBSECTION, TOGETHER WITH THE DATA UPON WHICH SUCH
COMPUTATIONS ARE BASED, WITHIN 30 DAYS AFTER THE PROTECTED
EMPLOYEE NOTIFIES THE CORPORATION IN WRITING THAT HE HAS BEEN
DEPRIVED OF EMPLOYMENT OR ADVERSELY AFFECTED WITH RESPECT TO HIS
COMPENSATION.
(C) DURATION OF DISPLACEMENT ALLOWANCE.--THE MONTHLY DISPLACEMENT
ALLOWANCE PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION SHALL CONTINUE
UNTIL THE ATTAINMENT OF AGE 65 BY A PROTECTED EMPLOYEE WITH 5 OR MORE
YEARS OF SERVICE ON THE EFFECTIVE DATE OF THIS ACT AND, IN THE CASE OF A
PROTECTED EMPLOYEE WHO HAS LESS THAN 5 YEARS SERVICE ON SUCH DATE, SHALL
CONTINUE FOR A PERIOD EQUAL TO HIS TOTAL PRIOR YEARS OF SERVICE:
PROVIDED, THAT SUCH MONTHLY DISPLACEMENT ALLOWANCE SHALL TERMINATE UPON
THE PROTECTED EMPLOYEE'S DEATH, RETIREMENT, RESIGNATION, OR DISMISSAL
FOR CAUSE; AND SHALL BE SUSPENDED FOR THE PERIOD OF DISCIPLINARY
SUSPENSION FOR CAUSE, FAILURE TO WORK DUE TO ILLNESS OR DISABILITY,
VOLUNTARY FURLOUGH, OR FAILURE TO RETAIN OR OBTAIN A POSITION AVAILABLE
TO HIM BY THE EXERCISE OF HIS SENIORITY RIGHTS IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
(D) TRANSFER.--(1) A PROTECTED EMPLOYEE WHO HAS BEEN DEPRIVED OF
EMPLOYMENT MAY BE REQUIRED BY THE CORPORATION, IN INVERSE SENIORITY
ORDER AND UPON REASONABLE NOTICE, TO TRANSFER TO ANY BONA FIDE VACANCY
FOR WHICH HE IS QUALIFIED IN HIS SAME CLASS OR CRAFT OF EMPLOYEE ON ANY
PART OF THE CORPORATION'S SYSTEM AND SHALL THEN BE GOVERNED BY THE
COLLECTIVE-BARGAINING AGREEMENT APPLICABLE ON THE SENIORITY DISTRICT TO
WHICH TRANSFERRED. IF SUCH TRANSFER REQUIRES A CHANGE IN RESIDENCE, ANY
SUCH PROTECTED EMPLOYEE MAY CHOOSE (A) TO VOLUNTARILY FURLOUGH HIMSELF
AT HIS HOME LOCATION AND HAVE HIS MONTHLY DISPLACEMENT ALLOWANCE
SUSPENDED DURING THE PERIOD OF VOLUNTARY FURLOUGH, OR (B) TO BE SEVERED
FROM EMPLOYMENT UPON PAYMENT TO HIM OF A SEPARATION ALLOWANCE COMPUTED
AS PROVIDED IN SUBSECTIONS (E) AND (F) OF THIS SECTION, WHICH SEPARATION
ALLOWANCE SHALL BE IN LIEU OF ALL OTHER BENEFITS PROVIDED BY THIS TITLE.
(2) SUCH PROTECTED EMPLOYEE SHALL NOT BE REQUIRED TO TRANSFER TO A
LOCATION REQUIRING A CHANGE IN RESIDENCE UNLESS THERE IS A BONA FIDE
NEED FOR HIS SERVICES AT SUCH LOCATION. SUCH BONA FIDE NEED FOR
SERVICES CONTEMPLATES THAT THE TRANSFER BE TO A POSITION WHICH HAS NOT
AND CANNOT BE FILLED BY EMPLOYEES WHO ARE NOT REQUIRED TO MAKE A CHANGE
IN RESIDENCE IN THE SENIORITY DISTRICT INVOLVED AND WHICH, IN THE
ABSENCE OF THIS SECTION, WOULD HAVE REQUIRED THE EMPLOYMENT OF A NEW
EMPLOYEE.
(3) SUCH PROTECTED EMPLOYEE WHO, AT THE REQUEST OF THE CORPORATION,
HAS ONCE ACCEPTED AND MADE A TRANSFER TO A LOCATION REQUIRING A CHANGE
IN RESIDENCE SHALL NOT BE REQUIRED AGAIN TO SO TRANSFER FOR A PERIOD OF
3 YEARS.
(4) TRANSFERS TO VACANCIES REQUIRING A CHANGE IN RESIDENCE SHALL BE
SUBJECT TO THE FOLLOWING:
(A) THE VACANCY SHALL BE FIRST OFFERED TO THE JUNIOR QUALIFIED
PROTECTED EMPLOYEE DEPRIVED OF EMPLOYMENT IN THE SENIORITY
DISTRICT WHERE THE VACANCY EXISTS, AND EACH SUCH EMPLOYEE SHALL
HAVE 20 DAYS TO ELECT ONE OF THE OPTIONS SET FORTH IN PARAGRAPH
(1) OF THIS SUBSECTION. IF THAT EMPLOYEE ELECTS NOT TO ACCEPT THE
TRANSFER IT WILL THEN BE OFFERED IN INVERSE SENIORITY ORDER TO THE
REMAINING QUALIFIED, PROTECTED EMPLOYEES DEPRIVED OF EMPLOYMENT ON
THE SENIORITY DISTRICT, WHO WILL EACH HAVE 20 DAYS TO ELECT ONE OF
THE OPTIONS SET FORTH IN PARAGRAPH (1) OF THIS SUBSECTION.
(B) IF THE VACANCY IS NOT FILLED BY THE PROCEDURE IN PARAGRAPH
(4) (A) OF THIS SUBSECTION, THE VACANCY WILL THEN BE OFFERED IN
THE DEPRIVED OF EMPLOYMENT ON THE SYSTEM AND EACH OF SUCH
EMPLOYEES WILL BE AFFORDED 30 DAYS TO ELECT ONE OF THE OPTIONS SET
FORTH IN PARAGRAPH (1) OF THIS SUBSECTION.
(C) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT PREVENT THE
ADOPTION OF OTHER PROCEDURES PURSUANT TO AN AGREEMENT MADE BY THE
CORPORATION AND REPRESENTATIVE OF THE CLASS OR CRAFT OF EMPLOYEES
INVOLVED.
(E) SEPARATION ALLOWANCE.--A PROTECTED EMPLOYEE WHO IS TENDERED AND
ACCEPTS AN OFFER BY THE CORPORATION TO RESIGN AND SEVER HIS EMPLOYMENT
RELATIONSHIP IN CONSIDERATION OF PAYMENT TO HIM OF A SEPARATION
ALLOWANCE, AND ANY PROTECTED EMPLOYEE WHOSE EMPLOYMENT RELATIONSHIP IS
SEVERED IN ACCORDANCE WITH SUBSECTION (D) OF THIS SECTION, SHALL BE
ENTITLED TO RECEIVE A LUMP-SUM SEPARATION ALLOWANCE NOT TO EXCEED
$20,000 IN LIEU OF ALL OTHER BENEFITS PROVIDED BY THIS TITLE. SAID
LUMP-SUM SEPARATION ALLOWANCE, IN THE CASE OF A PROTECTED EMPLOYEE WHO
HAD NOT LESS THAN 3 NOR MORE THAN 5 YEARS OF SERVICE AS OF THE DATE OF
THIS ACT, SHALL AMOUNT TO 270 DAYS' PAY AT THE RATE OF THE POSITION LAST
HELD AND IN THE CASE OF A PROTECTED EMPLOYEE HAVING HAD 5 OR MORE YEARS
SERVICE, SHALL AMOUNT TO THE NUMBER OF DAYS' PAY INDICATED BELOW AT THE
RATE OF THE POSITION LAST HELD DEPENDENT UPON THE AGE OF THE PROTECTED
EMPLOYEE AT THE TIME OF SUCH TERMINATION OF EMPLOYMENT: TABLE OMITTED
(F) TERMINATION ALLOWANCE.--THE CORPORATION MAY TERMINATE THE
EMPLOYMENT OF AN EMPLOYEE OF A RAILROAD IN REORGANIZATION, WHO HAS LESS
THAN 3 YEARS' SERVICE AS OF THE EFFECTIVE DATE OF THIS ACT: PROVIDED,
HOWEVER, THAT IN SUCH EVENT THE TERMINATED EMPLOYEE SHALL BE ENTITLED TO
RECEIVE A LUMP SUM SEPARATION ALLOWANCE IN AN AMOUNT DETERMINED AS
FOLLOWS: TABLE OMITTED
(G) MOVING EXPENSE BENEFITS.--ANY PROTECTED EMPLOYEE WHO IS REQUIRED
TO MAKE A CHANGE OF RESIDENCE AS THE RESULT OF A TRANSACTION SHALL BE
ENTITLED TO THE FOLLOWING BENEFITS--
(1) REIMBURSEMENT FOR ALL EXPENSES OF MOVING HIS HOUSEHOLD AND
OTHER PERSONAL EFFECTS, FOR THE TRAVELING EXPENSE OF HIMSELF AND
MEMBERS OF HIS FAMILY, INCLUDING LIVING EXPENSES FOR HIMSELF AND
HIS FAMILY, AND FOR HIS OWN ACTUAL WAGE LOSS, NOT TO EXCEED 10
WORKING DAYS. PROVIDED, THAT THE CORPORATION OR ACQUIRING
RAILROAD SHALL, TO THE SAME EXTENT PROVIDED ABOVE, ASSUME SAID
EXPENSES FOR ANY EMPLOYEE FURLOUGHED WITHIN 3 YEARS AFTER CHANGING
HIS POINT OF EMPLOYMENT AS A RESULT OF A TRANSACTION, WHO ELECTS
TO MOVE HIS PLACE OF RESIDENCE BACK TO HIS ORIGINAL POINT OF
EMPLOYMENT. NO CLAIM FOR REIMBURSEMENT SHALL BE PAID UNDER THE
PROVISIONS OF THIS SECTION UNLESS SUCH CLAIM IS PRESENTED TO THE
CORPORATION OR ACQUIRING RAILROAD WITHIN 90 DAYS AFTER THE DATE ON
WHICH THE EXPENSES WERE INCURRED.
(2) (A) (I) IF THE PROTECTED EMPLOYEE OWNS, OR IS UNDER A
CONTRACT TO PURCHASE, HIS OWN HOME IN THE LOCALITY FROM WHICH HE
IS REQUIRED TO MOVE AND ELECTS TO SELL SAID HOME, HE SHALL BE
REIMBURSED FOR ANY LOSS SUFFERED IN THE SALE OF HIS HOME FOR LESS
THAN ITS FAIR MARKET VALUE. IN EACH CASE THE FAIR MARKET VALUE OF
THE HOME IN QUESTION SHALL BE DETERMINED AS OF A DATE SUFFICIENTLY
PRIOR TO THE DATE OF THE TRANSACTION SO AS TO BE UNAFFECTED
THEREBY. THE CORPORATION OR AN ACQUIRING RAILROAD SHALL IN EACH
INSTANCE BE AFFORDED AN OPPORTUNITY TO PURCHASE THE HOME AT SUCH
FAIR MARKET VALUE BEFORE IT IS SOLD BY THE EMPLOYEE TO ANY OTHER
PERSON. (II) A PROTECTED EMPLOYEE MAY ELECT TO WAIVE THE
PROVISIONS OF PARAGRAPH (2) (A) (I) OF THIS SUBSECTION AND TO
RECEIVE, IN LIEU THEREOF, AN AMOUNT EQUAL TO HIS CLOSING COSTS
WHICH ARE ORDINARILY PAID FOR AND ASSUMED BY A SELLER OF REAL
ESTATE IN THE JURISDICTION IN WHICH THE RESIDENCE IS LOCATED.
SUCH COSTS SHALL INCLUDE A REAL ESTATE COMMISSION PAID TO A
LICENSED REALTOR (NOT TO EXCEED $3,000 OR 6 PER CENTUM OF SALE
PRICE, WHICHEVER IS LESS), AND ANY PREPAYMENT PENALTY REQUIRED BY
THE INSTITUTION HOLDING THE MORTGAGE; SUCH COSTS SHALL NOT
INCLUDE THE PAYMENT OF ANY "POINTS" BY THE SELLER.
(B) IF THE PROTECTED EMPLOYEE HOLDS AN UNEXPIRED LEASE ON A
DWELLING OCCUPIED BY HIM AS HIS HOME, HE SHALL BE PROTECTED FROM
ALL LOSS AND COST IN SECURING THE CANCELLATION OF SAID LEASE.
(C) NO CLAIM FOR COSTS OR LOSS SHALL BE PAID UNDER THE
PROVISIONS OF THIS PARAGRAPH UNLESS THE CLAIM IS PRESENTED TO THE
CORPORATION OR AN ACQUIRING RAILROAD WITHIN 90 DAYS AFTER SUCH
COSTS OR LOSS ARE INCURRED.
(D) SHOULD A CONTROVERSY ARISE WITH RESPECT TO THE VALUE OF THE
HOME, THE COSTS OR LOSS SUSTAINED IN ITS SALE, THE COSTS OR LOSS
UNDER A CONTRACT FOR PURCHASE, LOSS OR COST IN SECURING
TERMINATION OF A LEASE, OR ANY OTHER QUESTION IN CONNECTION WITH
THESE MATTERS, IT SHALL BE DECIDED THROUGH JOINT CONFERENCE
BETWEEN THE EMPLOYEE, OR HIS REPRESENTATIVE, AND THE CORPORATION
OR AN ACQUIRING RAILROAD. IN THE EVENT THEY ARE UNABLE TO AGREE,
THE DISPUTE OR CONTROVERSY MAY BE REFERRED BY EITHER PARTY TO A
BOARD OF COMPETENT REAL ESTATE APPRAISERS, SELECTED IN THE
FOLLOWING MANNER: ONE TO BE SELECTED BY THE EMPLOYEEOR HIS
REPRESENTATIVE AND ONE BY THE CORPORATION OR ACQUIRING RAILROAD
AND THESE TWO, IF UNABLE TO AGREE UPON A VALUATION WITHIN 30 DAYS,
SHALL ENDEAVOR BY AGREEMENT WITHIN 10 DAYS THEREAFTER TO SELECT A
THIRD APPRAISER, OR TO AGREE TO A METHOD BY WHICH A THIRD
APPRAISER SHALL BE SELECTED, AND, FAILING SUCH AGREEMENT, EITHER
PARTY MAY REQUEST THE NATIONAL MEDIATION BOARD TO DESIGNATE WITHIN
10 DAYS A THIRD QUALIFIED REAL ESTATE APPRAISER WHOSE DESIGNATION
WILL BE BINDING UPON THE PARTIES. A DECISION OF A MAJORITY OF THE
APPRAISERS SHALL BE REQUIRED AND SAID DECISION SHALL BE FINAL AND
CONCLUSIVE. THE SALARY AND EXPENSES OF THE THIRD OR NEUTRAL
APPRAISER, INCLUDING THE EXPENSES OF THE APPRAISAL BOARD, SHALL BE
BORNE EQUALLY BY THE PARTIES TO THE PROCEEDINGS. ALL OTHER
EXPENSES SHALL BE PAID BY THE PARTY INCURRING THEM, INCLUDING THE
COMPENSATION OF THE APPRAISER SELECTED BY SUCH PARTY.
(H) APPLICATION OF TITLE.--SHOULD A RAILROAD REARRANGE OR ADJUST ITS
FORCES IN ANTICIPATION OF A TRANSACTION WITH THE PURPOSE OR EFFECT OF
DEPRIVING A PROTECTED EMPLOYEE OF BENEFITS TO WHICH HE OTHERWISE WOULD
HAVE BECOME ENTITLED UNDER THIS TITLE, THE PROVISIONS OF THIS TITLE WILL
APPLY TO SUCH EMPLOYEE.
SEC. 506. ALL WORK IN CONNECTION WITH THE OPERATION OR SERVICES
PROVIDED BY THE CORPORATION ON THE RAIL LINES, PROPERTIES, EQUIPMENT, OR
FACILITIES ACQUIRED PURSUANT TO THE PROVIS)ONS OF THIS ACT AND THE
MAINTENANCE, REPAIR, REHABILITATION, OR MODERNIZATION OF SUCH LINES,
PROPERTIES, EQUIPMENT, OR FACILITIES WHICH HAS BEEN PERFORMED BY
PRACTICE OR AGREEMENT IN ACCORDANCE WITH PROVISIONS OF THE EXISTING
CONTRACTS IN EFFECT WITH THE REPRESENTATIVES OF THE EMPLOYEES OF THE
CLASSES OF CRAFTS INVOLVED SHALL CONTINUE TO BE PERFORMED BY SAID
CORPORATION'S EMPLOYEES, INCLUDING EMPLOYEES ON FURLOUGH. SHOULD THE
CORPORATION LACK A SUFFICIENT NUMBER OF EMPLOYEES, INCLUDING EMPLOYEES
ON FURLOUGH, AND BE UNABLE TO HIRE ADDITIONAL EMPLOYEES, TO PERFORM THE
WORK REQUIRED, IT SHALL BE PERMITTED TO SUBCONTRACT THAT PART OF SUCH
WORK WHICH CANNOT BE PERFORMED BY ITS EMPLOYEES, INCLUDING THOSE ON
FURLOUGH, EXCEPT WHERE AGREEMENT BY THE REPRESENTATIVES OF THE EMPLOYEES
OF THE CLASSES OR CRAFTS INVOLVED IS REQUIRED BY APPLICABLE
COLLECTIVE-BARGAINING AGREEMENTS. THE TERM "UNABLE TO HIRE ADDITIONAL
EMPLOYEES" AS USED IN THIS SECTION CONTEMPLATES ESTABLISHMENT AND
MAINTENANCE BY THE CORPORATION OF AN APPRENTICESHIP, TRAINING, OR
RECRUITMENT PROGRAM TO PROVIDE AN ADEQUATE NUMBER OF SKILLED EMPLOYEES
TO PERFORM THE WORK.
SEC. 507. ANY DISPUTE OR CONTROVERSY WITH RESPECT TO THE
INTERPRETATION, APPLICATION, OR ENFORCEMENT OF THE PROVISIONS OF THIS
TITLE, EXCEPT SECTION 504 (D) AND THOSE DISPUTES OR CONTROVERSIES
PROVIDED FOR IN SUBSECTION (G) (2) (D) OF SECTION 505 AND SUBSECTION (B)
OF SECTION 504 WHICH HAVE NOT BEEN RESOLVED WITHIN 90 DAYS, MAY BE
SUBMITTED BY EITHER PARTY TO AN ADJUSTMENT BOARD FOR A FINAL AND BINDING
DECISION THEREON AS PROVIDED IN SECTION 3 SECOND, OF THE RAILWAY LABOR
ACT, IN WHICH EVENT THE BURDEN OF PROOF ON ALL ISSUES SO PRESENTED SHALL
BE UPON THE CORPORATION OR, WHERE APPLICABLE, THE ASSOCIATION. //44
STAT. 578; 80 STAT. 208. 45 USC 153.//
SEC. 508. AN ACQUIRING RAILROAD SHALL OFFER SUCH EMPLOYMENT AND
AFFORD SUCH EMPLOYMENT PROTECTION TO EMPLOYEES OF A RAILROAD FROM WHICH
IT ACQUIRES PROPERTIES OR FACILITIES PURSUANT TO THIS ACT, AND SHALL
FURTHER PROTECT ITS OWN EMPLOYEES WHO ARE ADVERSELY AFFECTED BY SUCH
ACQUISITION, AS SHALL BE AGREED UPON BETWEEN THE SAID ACQUIRING RAILROAD
AND THE REPRESENTATIVES OF SUCH EMPLOYEES PRIOR TO SAID ACQUISITION:
PROVIDED, HOWEVER, THAT THE PROTECTION AND BENEFITS PROVIDED FOR
PROTECTED EMPLOYEES IN SUCH AGREEMENTS SHALL BE THE SAME AS THOSE
SPECIFIED IN SECTION 505 OF THIS TITLE: AND PROVIDED FURTHER, HOWEVER,
THAT UNLESS AND UNTIL SUCH AGREEMENTS ARE REACHED, THE ACQUIRING
RAILROAD SHALL NOT ENTER INTO PURCHASE AGREEMENTS PURSUANT TO SECTION
303 OF THIS ACT.
SEC. 509. THE CORPORATION, THE ASSOCIATION (WHERE APPLICABLE), AND
ACQUIRING RAILROADS, AS THE CASE MAY BE, SHALL BE RESPONSIBLE FOR THE
ACTUAL PAYMENT OF ALL ALLOWANCES, EXPENSES, AND COSTS PROVIDED PROTECTED
EMPLOYEES PURSUANT TO THE PROVISIONS OF THIS TITLE. THE CORPORATION,
THE ASSOCIATION (WHERE APPLICABLE), AND ACQUIRING RAILROADS SHALL THEN
BE REIMBURSED FOR SUCH ACTUAL AMOUNTS PAID PROTECTED EMPLOYEES, NOT TO
EXCEED THE AGGREGATE SUM OF $250,000,000, PURSUANT TO THE PROVISIONS OF
THIS TITLE BY THE RAILROAD RETIREMENT BOARD UPON CERTIFICATION TO SAID
BOARD BY THE CORPORATION, THE ASSOCIATION (WHERE APPLICABLE), AND
ACQUIRING RAILROADS OF THE AMOUNTS PAID SUCH EMPLOYEES. SUCH
REIMBURSEMENT SHALL BE MADE FROM A SEPARATE ACCOUNT MAINTAINED IN THE
TREASURY OF THE UNITED STATES TO BE KNOWN AS THE REGIONAL RAIL
TRANSPORTATION PROTECTIVE ACCOUNT. THERE IS HEREBY AUTHORIZED TO BE
APPROPRIATED TO SUCH PROTECTIVE ACCOUNT ANNUALLY SUCH SUMS AS MAY BE
REQUIRED TO MEET THE OBLIGATIONS PAYABLE HEREUNDER, NOT TO EXCEED IN THE
AGGREGATE, HOWEVER, THE SUM OF $250,000,000. THERE IS FURTHER
AUTHORIZED TO BE APPROPRIATED TO THE RAILROAD RETIREMENT BOARD ANNUALLY
SUCH SUMS AS MAY BE NECESSARY TO PROVIDE FOR ADDITIONAL ADMINISTRATIVE
EXPENSES TO BE INCURRED BY THE BOARD IN THE PERFORMANCE OF ITS FUNCTIONS
UNDER THIS SECTION.
SEC. 601. (A) ANTITRUST.--(1) EXCEPT AS SPECIFICALLY PROVIDED IN
PARAGRAPH (2) OF THIS SUBSECTION, NO PROVISION OF THIS ACT SHALL BE
DEEMED TO CONVEY TO ANY RAILROAD OR EMPLOYEE OR DIRECTOR THEREOF ANY
IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY, OR TO CREATE DEFENSES TO
ACTIONS, UNDER THE ANTITRUST LAWS.
(2) THE ANTITRUST LAWS ARE INAPPLICABLE WITH RESPECT TO ANY ACTION
TAKEN TO FORMULATE OR IMPLEMENT THE FINAL SYSTEM PLAN WHERE SUCH ACTION
WAS IN COMPLIANCE WITH THE REQUIREMENTS OF SUCH PLAN.
(3) AS USED IN THIS SUBSECTION, "ANTITRUST LAWS" INCLUDES THE ACT OF
JULY 2, 1890 (CH. 647, 26 STAT. 209), AS AMENDED; THE ACT OF OCTOBER
15, 1914 (CH. 323, 38 STAT. 730), AS AMENDED; THE FEDERAL TRADE
COMMISSION ACT (38 STAT. 717), AS AMENDED; SECTIONS 73 AND 74 OF THE
ACT OF AUGUST 27, 1894 (28 STAT. 570), AS AMENDED; THE ACT OF JUNE 19,
1936 (CH. 592, 49 STAT. 1526), AS AMENDED; AND THE ANTITRUST LAWS OF
ANY STATE OR SUBDIVISION THEREOF. //15 USC 2. 15 USC 12. 15 USC 58.
15 USC 8, 9. 15 USC 13.//
(B) COMMERCE AND BANKRUPTCY.--THE PROVISIONS OF THE INTERSTATE
COMMERCE ACT (49 U.S.C. 1 ET SEQ.) AND THE BANKRUPTCY ACT (11 U.S.C. ET
SEQ.) ARE INAPPLICABLE TO TRANSACTIONS UNDER THIS ACT TO THE EXTENT
NECESSARY TO FORMULATE AND IMPLEMENT THE FINAL SYSTEM PLAN WHENEVER A
PROVISION OF ANY SUCH ACT IS INCONSISTENT WITH THIS ACT. //24 STAT.
379. 30 STAT. 544.//
(C) ENVIRONMENT.--(1) THE PROVISIONS OF SECTION 102 (2) (C) OF THE
NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (42 U.S.C. 4332 (2) (C)) SHALL
NOT APPLY WITH RESPECT TO ANY ACTION TAKEN UNDER AUTHORITY OF THIS ACT
BEFORE THE EFFECTIVE DATE OF THE FINAL SYSTEM PLAN. //83 STAT. 853.//
(D) NORTHEAST CORRIDOR.--(1) RAIL PROPERTIES DESIGNATED IN ACCORDANCE
WITH SECTION 206 (C) (1) (C) OF THIS ACT SHALL BE LEASED OR MAY (AT ITS
OPTION) BE PURCHASED OR OTHERWISE ACQUIRED BY THE NATIONAL RAILROAD
PASSENGER CORPORATION. THE CORPORATION SHALL NEGOTIATE AN APPROPRIATE
SALE OR LEASE AGREEMENT WITH THE NATIONAL RAILROAD PASSENGER CORPORATION
AS PROVIDED IN THE FINAL SYSTEM PLAN.
(2) PROPERTIES ACQUIRED BY PURCHASE, LEASE, OR OTHERWISE PURSUANT TO
THIS SUBSECTION SHALL BE IMPROVED IN ORDER TO MEET THE GOAL SET FORTH IN
SECTION 206 (A) (3) OF THIS ACT, RELATING TO IMPROVED HIGH-SPEED
PASSENGER SERVICE, BY THE EARLIEST PRACTICABLE DATE AFTER THE DATE OF
ENACTMENT OF THIS ACT.
(3) THE SECRETARY SHALL BEGIN THE NECESSARY ENGINEERING STUDIES AND
IMPROVEMENTS UPON ENACTMENT.
(4) THE FINAL SYSTEM PLAN SHALL PROVIDE FOR ANY NECESSARY
COORDINATION WITH FREIGHT OR COMMUTER SERVICES OF USE OF THE FACILITIES
DESIGNATED IN SECTION 206 (C) (1) (C) OF THIS ACT. SUCH COORDINATION
MAY BE EFFECTUATED THROUGH A SINGLE OPERATING ENTITY, DESIGNATED IN THE
FINAL SYSTEM PLAN, OR AS MUTUALLY AGREED UPON BY THE INTERESTED PARTIES.
(5) CONSTRUCTION OR IMPROVEMENTS MADE PURSUANT TO THIS SUBSECTION MAY
BE MADE IN CONSULTATION WITH THE CORPS OF ENGINEERS.
(E) EMERGENCY SERVICE.--SECTION 1 (16) OF THE INTERSTATE COMMERCE ACT
(49 U.S.C. 1 (16)) IS AMENDED BY INSERTING "(A)" BEFORE THE WORD
"WHENEVER" IN THE FIRST SENTENCE AND ADDING THE FOLLOWING NEW PARAGRAPH:
//41 STAT. 477.//
"(B) WHENEVER ANY CARRIER BY RAILROAD IS UNABLE TO TRANSPORT THE
TRAFFIC OFFERED IT BECAUSE--
"(1) ITS CASH POSITION MAKES ITS CONTINUING OPERATION
IMPOSSIBLE;
(2) IT HAS BEEN ORDERED TO DISCONTINUE ANY SERVICE BY A COURT;
OR
"(3) IT HAS ABANDONED SERVICE WITHOUT OBTAINING A CERTIFICATE
FROM THE COMMISSION PURSUANT TO THIS SECTION;
THE COMMISSION MAY, UPON THE SAME PROCEDURE AS PROVIDED IN PARAGRAPH
(15) OF THIS SECTION, MAKE SUCH JUST AND REASONABLE DIRECTIONS WITH
RESPECT TO THE HANDLING, ROUTING, AND MOVEMENT OF THE TRAFFIC AVAILABLE
TO SUCH CARRIER AND ITS DISTRIBUTION OVER SUCH CARRIER'S LINES, AS IN
THE OPINION OF THE COMMISSION WILL BEST PROMOTE THE SERVICE IN THE
INTEREST OF THE PUBLIC AND THE COMMERCE OF THE PEOPLE SUBJECT TO THE
FOLLOWING CONDITIONS:
"(A) SUCH DIRECTION SHALL BE EFFECTIVE FOR NO LONGER THAN 60 DAYS
UNLESS EXTENDED BY THE COMMISSION FOR CAUSE SHOWN FOR AN ADDITIONAL
DESIGNATED PERIOD NOT TO EXCEED 180 DAYS.
"(B) NO SUCH DIRECTIONS SHALL BE ISSUED THAT WOULD CAUSE A CARRIER TO
OPERATE IN VIOLATION OF THE FEDERAL RAILROAD SAFETY ACT OF 1970 (45
U.S.C. 421) OR THAT WOULD SUBSTANTIALLY IMPAIR THE ABILITY OF THE
CARRIER SO DIRECTED TO SERVE ADEQUATELY ITS OWN PATRONS OR TO MEET ITS
OUTSTANDING COMMON CARRIER OBLIGATIONS. //84 STAT. 971.//
"(C) THE DIRECTED CARRIER SHALL NOT, BY REASON OF SUCH COMMISSION
DIRECTION, BE DEEMED TO HAVE ASSUMED OR TO BECOME RESPONSIBLE FOR THE
DEBTS OF THE OTHER CARRIER.
"(D) THE DIRECTED CARRIER SHALL HIRE EMPLOYEES OF THE OTHER CARRIER
TO THE EXTENT SUCH EMPLOYEES HAD PREVIOUSLY PERFORMED THE DIRECTED
SERVICE FOR THE OTHER CARRIER, AND, AS TO SUCH EMPLOYEES AS SHALL BE SO
HIRED, THE DIRECTED CARRIER SHALL BE DEEMED TO HAVE ASSUMED ALL EXISTING
EMPLOYMENT OBLIGATIONS AND PRACTICES OF THE OTHER CARRIER RELATING
THERETO, INCLUDING, BUT NOT LIMITED TO, AGREEMENTS GOVERNING RATE OF
PAY, RULES AND WORKING CONDITIONS, AND ALL EMPLOYEE PROTECTIVE
CONDITIONS COMMENCING WITH AND FOR THE DURATION OF THE DIRECTION.
"(E) ANY ORDER OF THE COMMISSION ENTERED PURSUANT TO THIS PARAGRAPH
SHALL PROVIDE THAT IF, FOR THE PERIOD OF ITS EFFECTIVENESS, THE COST, AS
HEREINAFTER DEFINED, OF HANDLING, ROUTING, AND MOVING THE TRAFFIC OF
ANOTHER CARRIER OVER THE OTHER CARRIER'S LINES OF ROAD SHALL EXCEED THE
DIRECT REVENUES THEREFOR, THEN UPON REQUEST, PAYMENT SHALL BE MADE TO
THE DIRECTED CARRIER, IN THE MANNER HEREINAFTER PROVIDED AND WITHIN 90
DAYS AFTER EXPIRATION OF SUCH ORDER, OF A SUM EQUAL TO THE AMOUNT BY
WHICH SUCH COST HAS EXCEEDED SAID REVENUES. THE TERM 'COST' SHALL MEAN
THOSE EXPENDITURES MADE OR INCURRED IN OR ATTRIBUTABLE TO THE OPERATIONS
AS DIRECTED, INCLUDING THE RENTAL OR LEASE OF NECESSARY EQUIPMENT, PLUS
AN APPROPRIATE ALLOCATION OF COMMON EXPENSES, OVERHEADS, AND A
REASONABLE PROFIT. SUCH COST SHALL BE THEN CURRENTLY RECORDED BY THE
CARRIER OR CARRIERS IN SUCH MANNER AND ON SUCH FORMS AS BY GENERAL ORDER
MAY BE PRESCRIBED BY THE COMMISSION AND SHALL BE SUBMITTED TO AND
SUBJECT TO AUDIT BY THE COMMISSION. THE COMMISSION SHALL CERTIFY
PROMPTLY TO THE SECRETARY OF THE TREASURY THE AMOUNT OF PAYMENT TO BE
MADE TO SAID CARRIER OR CARRIERS UNDER THE PROVISIONS OF THIS PARAGRAPH.
PAYMENTS REQUIRED TO BE MADE TO A CARRIER UNDER THE PROVISIONS OF THIS
PARAGRAPH SHALL BE MADE BY THE SECRETARY OF THE TREASURY FROM FUNDS
HEREBY AUTHORIZED TO BE APPROPRIATED IN SUCH AMOUNTS AS MAY BE NECESSARY
FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS HEREOF.".
SEC. 602. AS PART OF HIS ANNUAL REPORT EACH YEAR, THE SECRETARY
SHALL TRANSMIT TO CONGRESS EACH YEAR A COMPREHENSIVE REPORT ON THE
EFFECTIVENESS OF THE ASSOCIATION AND THE CORPORATION IN IMPLEMENTING THE
PURPOSES OF THIS ACT, TOGETHER WITH ANY RECOMMENDATIONS FOR ADDITIONAL
LEGISLATIVE OR OTHER ACTION.
SEC. 603. THE COMMISSION SHALL, BY EXPEDITED PROCEEDINGS, ADOPT
APPROPRIATE RULES UNDER THE INTERSTATE COMMERCE ACT (49 U.S.C. 1 ET
SEQ.) WHICH WILL ELIMINATE DISCRIMINATION AGAINST THE SHIPMENT OF
RECYCLABLE MATERIALS IN RATE STRUCTURES AND IN OTHER COMMISSION
PRACTICES WHERE SUCH DISCRIMINATION EXISTS. //24 STAT. 379.//
SEC. 604. IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCES IS HELD INVALID, THE REMAINDER OF THIS ACT
AND THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES
SHALL NOT BE AFFECTED THEREBY.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 620 (COMM. ON INTERSTATE AND FOREIGN
COMMERCE) AND NO. 93 - 744 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 8, CONSIDERED AND PASSED HOUSE. DEC. 11, CONSIDERED AND
PASSED SENATE, MENDED. AMDEC. 13, PROCEEDINGS VACATED;
RECONSIDERED AND PASSED SENATE, AMENDEDDEC. 20, HOUSE AGREED TO
CONFERENCE REPORT. RDEC. 21, SENATE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 1
(1974):
JAN. 2, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-236; 87 STAT. 985, REGIONAL RAIL REORGANIZATION ACT OF
1973 (TITLES I-II)
TO AUTHORIZE AND DIRECT THE MAINTENANCE OF ADEQUATE AND
EFFICIENT RAIL SERVICES IN THE MIDWEST AND NORTHEAST REGION OF THE
UNITED STATES, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT, DIVIDED
INTO TITLES AND SECTIONS ACCORDING TO THE FOLLOWING TABLE OF CONTENTS,
MAY BE CITED AS THE "REGIONAL RAIL REORGANIZATION ACT OF 1973". TABLE
OMITTED
SEC. 101. (A) FINDINGS.--THE CONGRESS FINDS AND DECLARES THAT--
(1) ESSENTIAL RAIL SERVICE IN THE MIDWEST AND NORTHEAST REGION
OF THE UNITED STATES IS PROVIDED BY RAILROADS WHICH ARE TODAY
INSOLVENT AND ATTEMPTING TO UNDERGO REORGANIZATION UNDER THE
BANKRUPTCY ACT. //30 STAT. 544. 11 USC 1 NOTE.//
(2) THIS ESSENTIAL RAIL SERVICE IS THREATENED WITH CESSATION OR
SIGNIFICANT CURTAILMENT BECAUSE OF THE INABILITY OF THE TRUSTEES
OF SUCH RAILROADS TO FORMULATE ACCEPTABLE PLANS OF REORGANIZATION.
THIS RAIL SERVICE IS OPERATED OVER RAIL PROPERTIES WHICH WERE
ACQUIRED FOR A PUBLIC USE, BUT WHICH HAVE BEEN PERMITTED TO
DETERIORATE AND NOW REQUIRE EXTENSIVE REHABILITATION AND
MODERNIZATION.
(3) THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE ADEQUATE AND
EFFICIENT RAIL SERVICE IN THIS REGION AND THROUGHOUT THE NATION TO
MEET THE NEEDS OF COMMERCE, THE NATIONAL DEFENSE, THE ENVIRONMENT,
AND THE SERVICE REQUIREMENTS OF PASSENGERS, UNITED STATES MAIL,
SHIPPERS, STATES AND THEIR POLITICAL SUBDIVISIONS, AND CONSUMERS.
(4) CONTINUATION AND IMPROVEMENT OF ESSENTIAL RAIL SERVICE IN
THIS REGION IS ALSO NECESSARY TO PRESERVE AND MAINTAIN ADEQUATE
NATIONAL RAIL SERVICES AND AN EFFICIENT NATIONAL RAIL
TRANSPORTATION SYSTEM.
(5) RAIL SERVICE AND RAIL TRANSPORTATION OFFER ECONOMIC AND
ENVIRONMENTAL ADVANTAGES WITH RESPECT TO LAND USE, AIR POLLUTION,
NOISE LEVELS, ENERGY EFFICIENCY AND CONSERVATION, RESOURCE
ALLOCATION, SAFETY, AND COST PER TON-MILE OF MOVEMENTS TO SUCH
EXTENT THAT THE PRESERVATION AND MAINTENANCE OF ADEQUATE AND
EFFICIENT RAIL SERVICE IS IN THE NATIONAL INTEREST.
(6) THESE NEEDS CANNOT BE MET WITHOUT SUBSTANTIAL ACTION BY THE
FEDERAL GOVERNMENT.
(B) PURPOSES.--IT IS THEREFORE DECLARED TO BE THE PURPOSE OF CONGRESS
IN THIS ACT TO PROVIDE FOR--
(1) THE IDENTIFICATION OF A RAIL SERVICE SYSTEM IN THE MIDWEST
AND NORTHEAST REGION WHICH IS ADEQUATE TO MEET THE NEEDS AND
SERVICE REQUIREMENTS OF THIS REGION AND OF THE NATIONAL RAIL
TRANSPORTATION SYSTEM;
(2) THE REORGANIZATION OF RAILROADS IN THIS REGION INTO AN
ECONOMICALLY VIABLE SYSTEM CAPABLE OF PROVIDING ADEQUATE AND
EFFICIENT RAIL SERVICE TO THE REGION;
(3) THE ESTABLISHMENT OF THE UNITED STATES RAILWAY ASSOCIATION,
WITH ENUMERATED POWERS AND RESPONSIBILITIES;
(4) THE ESTABLISHMENT OF THE CONSOLIDATED RAIL CORPORATION,
WITH ENUMERATED POWERS AND RESPONSIBILITIES;
(5) ASSISTANCE TO STATES AND LOCAL AND REGIONAL TRANSPORTATION
AUTHORITIES FOR CONTINUATION OF LOCAL RAIL SERVICES THREATENED
WITH CESSATION; AND
(6) NECESSARY FEDERAL FINANCIAL ASSISTANCE AT THE LOWEST
POSSIBLE COST TO THE GENERAL TAXPAYER.
SEC. 102. AS USED IN THIS ACT, UNLESS THE CONTEXT OTHERWISE
REQUIRES--
(1) "ASSOCIATION" MEANS THE UNITED STATES RAILWAY ASSOCIATION,
ESTABLISHED UNDER SECTION 201 OF THIS ACT;
(2) "COMMISSION" MEANS THE INTERSTATE COMMERCE COMMISSION;
(3) "CORPORATION" MEANS THE CONSOLIDATED RAIL CORPORATION
REQUIRED TO BE ESTABLISHED UNDER SECTION 301 OF THIS ACT;
(4) "EFFECTIVE DATE OF THE FINAL SYSTEM PLAN" MEANS THE DATE ON
WHICH THE FINAL SYSTEM PLAN OR ANY REVISED FINAL SYSTEM PLAN IS
DEEMED APPROVED BY CONGRESS, IN ACCORDANCE WITH SECTION 208 OF
THIS ACT;
(5) "EMPLOYEE STOCK OWNERSHIP PLAN" MEANS A TECHNIQUE OF
CORPORATE FINANCE THAT USES A STOCK BONUS TRUST OR A COMPANY STOCK
MONEY PURCHASE PENSION TRUST WHICH QUALIFIES UNDER SECTION 401 (A)
OF THE INTERNAL REVENUE CODE OF 1954 (26 U.S.C. 401 (A)) //68A
STAT. 134; 76 STAT. 809.// IN CONNECTION WITH THE FINANCING OF
CORPORATE ASSETS, AND OTHER CAPITAL REQUIREMENTS OF A CORPORATION
AND WHICH IS DESIGNED TO BUILD BENEFICIAL EQUITY OWNERSHIP OF
SHARES IN THE EMPLOYER CORPORATION INTO ITS EMPLOYEES
SUBSTANTIALLY IN PROPORTION TO THEIR RELATIVE INCOMES, WITHOUT
REQUIRING ANY CASH OUTLAY, ANY REDUCTION IN PAY OR OTHER EMPLOYEE
BENEFITS, OR THE SURRENDER OF ANY OTHER RIGHTS ON THE PART OF SUCH
EMPLOYEES.
(6) "FINAL SYSTEM PLAN" MEANS THE PLAN OF REORGANIZATION FOR
THE RESTRUCTURE, REHABILITATION, AND MODERNIZATION OF RAILROADS IN
REORGANIZATION PREPARED PURSUANT TO SECTION 206 AND APPROVED
PURSUANT TO SECTION 208 OF THIS ACT;
(7) "INCLUDES" AND VARIANTS THEREOF SHOULD BE READ AS IF THE
PHRASE "BUT IS NOT LIMITED TO" WERE ALSO SET FORTH;
(8) "OFFICE" MEANS THE RAIL SERVICES PLANNING OFFICE
ESTABLISHED UNDER SECTION 205 OF THIS ACT;
(9) "PROFITABLE RAILROAD" MEANS A RAILROAD WHICH IS NOT A
RAILROAD IN REORGANIZATION. THE TERM DOES NOT INCLUDE THE
CORPORATION, THE NATIONAL RAILROAD PASSENGER CORPORATION, OR A
RAILROAD LEASED, OPERATED, OR CONTROLLED BY A RAILROAD IN
REORGANIZATION IN THE REGION;
(10) "RAIL PROPERTIES" MEANS ASSETS OR RIGHTS OWNED, LEASED, OR
OTHERWISE CONTROLLED BY A RAILROAD WHICH ARE USED OR USEFUL IN
RAIL TRANSPORTATION SERVICE; EXCEPT THAT THE TERM, WHEN USED IN
CONJUNCTION WITH THE PHASE "RAILROADS LEASED, OPERATED OR
CONTROLLED BY A RAILROAD IN REORGANIZATION", SHALL NOT INCLUDE
ASSETS OR RIGHTS OWNED, LEASED, OR OTHERWISE CONTROLLED BY A CLASS
I RAILROAD WHICH IS NOT WHOLLY OWNED, OPERATED, OR LEASED BY A
RAILROAD IN REORGANIZATION BUT IS CONTROLLED BY A RAILROAD IN
REORGANIZATION;
(11) "RAILROAD" MEANS A COMMON CARRIER BY RAILROAD AS DEFINED
IN SECTION 1 (3) OF PART I OF THE INTERSTATE COMMERCE ACT (49 U.
S.C. 1 (3)). THE TERM INCLUDES THE CORPORATION AND THE NATIONAL
RAILROAD PASSENGER CORPORATION; //41 STAT. 474.//
(12) "RAILROAD IN REORGANIZATION" MEANS A RAILROAD WHICH IS
SUBJECT TO A BANKRUPTCY PROCEEDING AND WHICH HAS NOT BEEN
DETERMINED BY A COURT TO BE REORGANIZABLE OR NOT SUBJECT TO
REORGANIZATION PURSUANT TO THIS ACT AS PRESCRIBED IN SECTION 207
(B) OF THIS ACT. A "BANKRUPTCY PROCEEDING" INCLUDES A PROCEEDING
PURSUANT TO SECTION 77 OF THE BANKRUPTCY ACT (11 U.S.C. 205) AND
AN EQUITY RECEIVERSHIP OR EQUIVALENT PROCEEDING; //49 STAT. 911;
76 STAT. 572.//
(13) "REGION" MEANS THE STATES OF MAINE, NEW HAMPSHIRE,
VERMONT, MASSACHUSETTS, CONNECTICUT, RHODE ISLAND, NEW YORK, NEW
JERSEY, PENNSYLVANIA, DELAWARE, MARYLAND, VIRGINIA, WEST VIRGINIA,
OHIO, INDIANA, MICHIGAN, AND ILLINOIS; THE DISTRICT OF COLUMBIA;
AND THOSE PORTIONS OF CONTIGUOUS STATES IN WHICH ARE LOCATED RAIL
PROPERTIES OWNED OR OPERATED BY RAILROADS DOING BUSINESS PRIMARILY
IN THE AFOREMENTIONAL JURISDICTIONS (AS DETERMINED BY THE
COMMISSION BY ORDER);
(14) "SECRETARY" MEANS THE SECRETARY OF TRANSPORTATION OR HIS
DELEGATE, UNLESS THE CONTEXT INDICATES OTHERWISE; AND
(15) "STATE" MEANS ANY STATE OR THE DISTRICT OF COLUMBIA.
SEC. 201. (A) ESTABLISHMENT.--THERE IS ESTABLISHED, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, AN INCORPORATED NONPROFIT
ASSOCIATION TO BE KNOWN AS THE UNITED STATES RAILWAY ASSOCIATION.
(B) ADMINISTRATION.--THE ASSOCIATION SHALL BE DIRECTED BY A BOARD OF
DIRECTORS. THE INDIVIDUALS DESIGNATED, PURSUANT TO SUBSECTION (D) (2)
OF THIS SECTION, AS THE GOVERNMENT MEMBERS OF SUCH BOARD SHALL BE DEEMED
THE INCORPORATORS OF THE ASSOCIATION AND SHALL TAKE WHATEVER STEPS ARE
NECESSARY TO ESTABLISH THE ASSOCIATION, INCLUDING FILING OF ARTICLES OF
INCORPORATION, AND SERVING AS AN ACTING BOARD OF DIRECTORS FOR A PERIOD
OF NOT MORE THAN 45 DAYS AFTER THE DATE OF INCORPORATION OF THE
ASSOCIATION.
(C) STATUS.--THE ASSOCIATION SHALL BE A GOVERNMENT CORPORATION OF THE
DISTRICT OF COLUMBIA SUBJECT, TO THE EXTENT NOT INCONSISTENT WITH THIS
TITLE, TO THE DISTRICT OF COLUMBIA NONPROFIT CORPORATION ACT (D.C.
CODE, SEC. 29 - 1011 ET SEQ.). //76 STAT. 265.// EXCEPT AS OTHERWISE
PROVIDED, EMPLOYEES OF THE ASSOCIATION SHALL NOT BE DEEMED EMPLOYEES OF
THE FEDERAL GOVERNMENT. THE ASSOCIATION SHALL HAVE SUCCESSION UNTIL
DISSOLVED BY ACT OF CONGRESS, SHALL MAINTAIN ITS PRINCIPAL OFFICE IN THE
DISTRICT OF COLUMBIA, AND SHALL BE DEEMED TO BE A RESIDENT OF THE
DISTRICT OF COLUMBIA WITH RESPECT TO VENUE IN ANY LEGAL PROCEEDING.
(D) BOARD OF DIRECTORS.--THE BOARD OF DIRECTORS OF THE ASSOCIATION
SHALL CONSIST OF 11 INDIVIDUALS, AS FOLLOWS: :10 (1) THE CHAIRMAN, A
QUALIFIED INDIVIDUAL WHO SHALL BE APPOINTED
Y THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE;
(2) THREE GOVERNMENT MEMBERS, WHO SHALL BE THE SECRETARY,
7 THE CHAIRMAN OF THE COMMISSION, AND THE SECRETARY OF THE
REASURY, OR THEIR DULY AUTHORIZED
(1) THE CHAIRMAN, A QUALIFIED INDIVIDUAL WHO SHALL BE APPOINTED
BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE;
(2) THREE GOVERNMENT MEMBERS, WHO SHALL BE THE SECRETARY, THE
CHAIRMAN OF THE COMMISSION, AND THE SECRETARY OF THE TREASURY, OR
THEIR DULY AUTHORIZED REPRESENTATIVES; AND
(3) SEVEN NONGOVERNMENT MEMBERS, WHO SHALL BE APPOINTED BY THE
PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, ON
THE FOLLOWING BASIS--
(A) ONE TO BE SELECTED FROM A LIST OF QUALIFIED INDIVIDUALS
RECOMMENDED BY THE ASSOCIATION OF AMERICAN RAILROADS OR ITS
SUCCESSOR WHO ARE REPRESENTATIVES OF PROFITABLE RAILROADS;
(B) ONE TO BE SELECTED FROM A LIST OF QUALIFIED INDIVIDUALS
RECOMMENDED BY THE AMERICAN FEDERATION OF LABOR AND CONGRESS OF
INDUATRIAL ORGANIZATIONS OR ITS SUCCESSOR WHO ARE REPRESENTATIVE
OF RAILROAD LABOR;
(C) ONE TO BE SELECTED FROM A LIST OF QUALIFIED INDIVIDUALS
RECOMMENDED BY THE NATIONAL GOVERNORS CONFERENCE;
(D) ONE TO BE SELECTED FROM A LIST OF QUALIFIED INDIVIDUALS
RECOMMENDED BY THE NATIONAL LEAGUE OF CITIES AND CONFERENCE OF
MAYORS;
(E) TWO TO BE SELECTED FROM LISTS OF QUALIFIED INDIVIDUALS
RECOMMENDED BY SHIPPERS AND ORGANIZATIONS REPRESENTATIVE OF
SIGNIFICANT SHIPPING INTERESTS INCLUDING SMALL SHIPPERS;
(F) ONE TO BE SELECTED FROM LISTS OF QUALIFIED INDIVIDUALS
RECOMMENDED BY FINANCIAL INSTITUTIONS, THE FINANCIAL COMMUNITY,
AND RECOGNIZED FINANCIAL LEADERS. AS USED IN THIS PARAGRAPH, A
LIST OF QUALIFIED INDIVIDUALS SHALL CONSIST OF NOT LESS THAN THREE
INDIVIDUALS.
EXCEPT FOR THE MEMBERS APPOINTED UNDER PARAGRAPHS (1) AND (3) (A), (B),
(E), AND (F), NO MEMBER OF THE BOARD MAY HAVE ANY EMPLOYMENT OR OTHER
DIRECT FINANCIAL RELATIONSHIP WITH ANY RAILROAD. A MEMBER OF THE BOARD
WHO IS NOT OTHERWISE AN EMPLOYEE OF THE FEDERAL GOVERNMENT MAY RECEIVE
$300 PER DIEM WHEN ENGAGED IN THE ACTUAL PERFORMANCE OF HIS DUTIES PLUS
REIMBURSEMENT FOR TRAVEL, SUBSISTENCE, AND OTHER NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF SUCH DUTIES.
(3) TERMS OF OFFICE.--THE TERMS OF OFFICE OF THE NONGOVERNMENT
MEMBERS OF THE BOARD OF DIRECTORS OF THE ASSOCIATION FIRST TAKING OFFICE
SHALL EXPIRE AS DESIGNATED BY THE PRESIDENT AT THE TIME OF
NOMINATION--TWO AT THE END OF THE SECOND YEAR; TWO AT THE END OF THE
FOURTH YEAR; AND THREE AT THE END OF THE SIXTH YEAR. THE TERM OF
OFFICE OF THE CHAIRMAN OF SUCH BOARD SHALL BE 6 YEARS. SUCCESSORS TO
MEMBERS OF SUCH BOARD SHALL BE APPOINTED IN THE SAME MANNER AS THE
ORIGINAL MEMBERS AND, EXCEPT IN THE CASE OF GOVERNMENT MEMBERS, SHALL
HAVE TERMS OF OFFICE EXPIRING 6 YEARS FROM THE DATE OF EXPIRATION OF THE
TERMS FOR WHICH THEIR PREDECESSORS WERE APPOINTED. ANY INDIVIDUAL
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF ANY
TERM OF OFFICE SHALL BE APPOINTED FOR THE REMAINDER OF THAT TERM.
(F) QUORUM.--BEGINNING 45 DAYS AFTER THE DATE OF INCORPORATION OF THE
ASSOCIATION, SIX MEMBERS OF THE BOARD, INCLUDING THREE OF THE
NON-GOVERNMENT MEMBERS, SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF
ANY FUNCTION OF THE ASSOCIATION.
(G) PRESIDENT.--THE BOARD OF DIRECTORS OF THE ASSOCIATION, UPON THE
RECOMMENDATION OF THE SECRETARY, SHALL APPOINT A QUALIFIED INDIVIDUAL TO
SERVE AS THE PRESIDENT OF THE ASSOCIATION AT THE PLEASURE OF THE BOARD.
THE PRESIDENT OF THE ASSOCIATION, SUBJECT TO THE DIRECTION OF THE BOARD,
SHALL MANAGE AND SUPERVISE THE AFFAIRS OF THE ASSOCIATION.
(H) EXECUTIVE COMMITTEE.--THE BOARD OF DIRECTORS OF THE ASSOCIATION
SHALL HAVE AN EXECUTIVE COMMITTEE WHICH SHALL CONSIST OF THE CHAIRMAN OF
THE BOARD, THE SECRETARY, THE CHAIRMAN OF THE COMMISSION, AND TWO OTHER
MEMBERS WHO SHALL BE SELECTED BY THE MEMBERS OF THE BOARD.
(I) MISCELLANEOUS.--(1) THE ASSOCIATION SHALL HAVE A SEAL WHICH SHALL
BE JUDICIALLY RECOGNIZED.
(2) THE ADMINISTRATOR OF GENERAL SERVICES SHALL FURNISH THE
ASSOCIATION WITH SUCH OFFICES, EQUIPMENT, SUPPLIES, AND SERVICES AS HE
IS AUTHORIZED TO FURNISH TO ANY OTHER AGENCY OR INSTRUMENTALITY OF THE
UNITED STATES.
(3) THE SECRETARY IS AUTHORIZED TO TRANSFER TO THE ASSOCIATION OR THE
CORPORATION RIGHTS IN INTELLECTUAL PROPERTY WHICH ARE DIRECTLY RELATED
TO THE CONDUCT OF THE FUNCTIONS OF THE ASSOCIATION OR THE CORPORATION,
TO THE EXTENT THAT THE FEDERAL GOVERNMENT HAS SUCH RIGHTS AND TO THE
EXTENT THAT TRANSFER IS NECESSARY TO CARRY OUT THE PURPOSES OF THIS ACT.
(J) USE OF NAMES.--NO PERSON, EXCEPT THE ASSOCIATION, SHALL HEREAFTER
USE THE WORDS "UNITED STATES RAILWAY ASSOCIATION" AS A NAME FOR ANY
BUSINESS PURPOSE. NO PERSON, EXCEPT THE CORPORATION DIRECTED TO BE
ESTABLISHED UNDER SECTION 301 OF THIS ACT, SHALL HEREAFTER USE THE WORDS
"CONSOLIDATED RAIL CORPORATION" AS A NAME FOR ANY BUSINESS PURPOSE.
VIOLATIONS OF THESE PROVISIONS MAY BE ENJOINED BY ANY COURT OF GENERAL
JURISDICTION IN AN ACTION COMMENCED BY THE ASSOCIATION OR THE
CORPORATION. IN ANY SUCH ACTION, THE ASSOCIATION OR THE CORPORATION MAY
RECOVER ANY ACTUAL DAMAGES FLOWING FROM SUCH VIOLATION, AND, IN
ADDITION, SHALL BE ENTITLED TO PUNITIVE DAMAGES (REGARDLESS OF THE
EXISTENCE OR NONEXISTENCE OF ACTUAL DAMAGE) IN AN AMOUNT NOT TO EXCEED
$100 FOR EACH DAY DURING WHICH SUCH VIOLATION WAS COMMITTED. THE
DISTRICT COURTS OF THE UNITED STATES SHALL HAVE JURISDICTION OVER
ACTIONS BROUGHT UNDER THIS SUBSECTION, WITHOUT REGARD TO THE AMOUNT IN
CONTROVERSY OR THE CITIZENSHIP OF THE PARTIES.
SEC. 202. (A) GENERAL.--TO CARRY OUT THE PURPOSES OF THIS ACT, THE
ASSOCIATION IS AUTHORIZED TO--
(1) ENGAGE IN THE PREPARATION AND IMPLEMENTATION OF THE FINAL
SYSTEM PLAN;
(2) ISSUE OBLIGATIONS UNDER SECTION 210 OF THIS TITLE AND MAKE
LOANS UNDER SECTION 211 OF THIS TITLE; //POST, P. 1000.//
(3) PROVIDE ASSISTANCE TO STATES AND LOCAL OR REGIONAL
TRANSPORTATION AUTHORITIES IN ACCORDANCE WITH SECTION 403 OF THIS
ACT;
(4) SUE AND BE SUED, COMPLAIN AND DEFEND, IN THE NAME OF THE
ASSOCIATION AND THROUGH ITS OWN ATTORNEYS; ADOPT, AMEND, AND
REPEAL BYLAWS GOVERNING THE OPERATION OF THE ASSOCIATION AND SUCH
RULES AND REGULATIONS AS ARE NECESSARY TO CARRY OUT THE AUTHORITY
GRANTED UNDER THIS ACT; CONDUCT ITS AFFAIRS, CARRY ON OPERATIONS,
AND MAINTAIN OFFICES;
(5) APPOINT, FIX THE COMPENSATION, AND ASSIGN THE DUTIES OF
SUCH ATTORNEYS, AGENTS, CONSULTANTS, AND OTHER FULL- AND PART-TIME
EMPLOYEES AS IT DEEMS NECESSARY OR APPROPRIATE; EXCEPT THAT (1)
NO OFFICER OF THE ASSOCIATION, INCLUDING THE CHAIRMAN, MAY RECEIVE
COMPENSATION AT A RATE IN EXCESS OF THAT PRESCRIBED FOR LEVEL I OF
THE EXECUTIVE SCHEDULE UNDER SECTION 5312 OF TITLE 5, UNITED
STATES CODE; AND (2) NO INDIVIDUAL MAY HOLD A POSITION IN
VIOLATION OF REGULATIONS WHICH THE SECRETARY SHALL ESTABLISH TO
AVOID CONFLICTS OF INTEREST AND TO PROTECT THE INTERESTS OF THE
PUBLIC; //80 STAT. 460; 84 STAT. 776.//
(6) ACQUIRE AND HOLD SUCH REAL AND PERSONAL AS IT DEEMS
NECESSARY OR APPROPRIATE IN THE EXERCISE OF ITS RESPONSIBILITIES
UNDER THIS ACT, AND TO DISPOSE OF ANY SUCH PROPERTY HELD BY IT;
(7) CONSULT WITH THE SECRETARY OF THE ARMY AND THE CHIEF OF
ENGINEERS AND REQUEST THE ASSISTANCE OF THE CORPS OF ENGINEERS,
AND THE SECRETARY OF THE ARMY MAY DIRECT THE CORPS OF ENGINEERS TO
COOPERATE FULLY WITH THE ASSOCIATION, THE CORPORATION, OR ANY
ENTITY DESIGNATED IN ACCORDANCE WITH SECTION 206 (C) (1) (C) IN
ORDER TO CARRY OUT THE PURPOSES OF THIS ACT;
(8) CONSULT ON AN ONGOING BASIS WITH THE CHAIRMAN OF THE
FEDERAL TRADE COMMISSION AND THE ATTORNEY GENERAL TO ASSESS THE
POSSIBLE ANTICOMPETITIVE EFFECTS OF VARIOUS PROPOSALS AND TO
NEGOTIATE PROVISIONS WHICH WOULD, TO THE GREATEST EXTENT
PRACTICABLE IN ACCORDANCE WITH THE PURPOSES OF THIS ACT AND THE
GOAL SET FORTH IN SECTION 206 (A) (5) OF THIS TITLE, ALLEVIATE ANY
SUCH ANTICOMPETITIVE EFFECTS;
(9) CONSULT WITH REPRESENTATIVES OF SCIENCE, INDUSTRY,
AGRICULTURE, LABOR, ENVIRONMENTAL PROTECTION AND CONSUMER
ORGANIZATIONS, AND OTHER GROUPS, AS IT DEEMS ADVISABLE; AND
(10) ENTER INTO, WITHOUT REGARD TO SECTION 3709 OF THE REVISED
STATUTES OF THE UNITED STATES (41 U.S.C. 5), SUCH CONTRACTS,
LEASES, COOPERATIVE AGREEMENTS, OR OTHER TRANSACTIONS AS MAY BE
NECESSARY IN THE CONDUCT OF ITS FUNCTIONS AND DUTIES WITH ANY
PERSON (INCLUDING A GOVERNMENT ENTITY).
(B) DUTIES.--IN ADDITION TO ITS DUTIES AND RESPONSIBILITIES UNDER
OTHER PROVISIONS OF THIS ACT, THE ASSOCIATION SHALL--
(1) PREPARE A SURVEY OF EXISTING RAIL SERVICES IN THE REGION,
INCLUDING PATTERNS OF TRAFFIC MOVEMENT; TRAFFIC DENSITY OVER
IDENTIFIED LINES; PERTINENT COSTS AND REVENUES OF LINES; AND
PLANT, EQUIPMENT, AND FACILITIES (INCLUDING YARDS AND TERMINALS);
(2) PREPARE AN ECONOMIC AND OPERATIONAL STUDY AND ANALYSIS OF
PRESENT AND FUTURE RAIL SERVICE NEEDS IN THE REGION; THE NATURE
AND VOLUME OF THE TRAFFIC IN THE REGION NOW BEING MOVED BY RAIL OR
LIKELY TO BE MOVED BY RAIL IN THE FUTURE; THE EXTENT TO WHICH
AVAILABLE ALTERNATIVE MODES OF TRANSPORTATION COULD MOVE SUCH
TRAFFIC AS IS NOW CARRIED BY RAILROADS IN REORGANIZATION; THE
RELATIVE ECONOMIC, SOCIAL, AND ENVIRONMENTAL COSTS THAT WOULD BE
INVOLVED IN THE USE OF SUCH AVAILABLE ALTERNATIVE MODES, INCLUDING
ENERGY
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RESOURCE COSTS; AND THE COMPETITIVE OR OTHER EFFECTS ON
PROFITABLE RAILROADS;
(3) PREPARE A STUDY OF RAIL PASSENGER SERVICES IN THE REGION,
IN TERMS OF SCOPE AND QUALITY;
(4) CONSIDER THE VIEWS OF THE OFFICE AND OF ALL GOVERNMENT
OFFICIALS AND PERSONS WHO SUBMIT VIEWS, REPORTS, OR TESTIMONY
UNDER SECTION 205 (D) (1) OF THIS TITLE OR IN THE COURSE OF
PROCEEDINGS CONDUCTED BY THE OFFICE; //POST, P. 994.//
(5) CONSIDER METHODS OF ACHIEVING ECONOMIES IN THE COST OF RAIL
SYSTEM OPERATIONS IN THE REGION INCLUDING CONSOLIDATION, POOLING,
AND JOINT USE OR OPERATION OF LINES, FACILITIES, AND OPERATING
EQUIPMENT; RELOCATION; REHABILITATION AND MODERNIZATION OF
EQUIPMENT, TRACK, AND OTHER FACILITIES; AND ABANDONMENT OF LINES
CONSISTENT WITH MEETING NEEDS AND SERVICE REQUIREMENTS; TOGETHER
WITH THE ANTICIPATED ECONOMIC, SOCIAL, AND ENVIRONMENTAL COSTS AND
BENEFITS OF EACH SUCH METHOD;
(6) CONSIDER THE EFFECT ON RAILROAD EMPLOYEES OF ANY
RESTRUCTURING OF RAIL SERVICES IN THE REGION;
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(7) MAKE AVAILABLE TO THE SECRETARY, THE DIRECTOR OF THE OFFICE
AND APPROPRIATE COMMITTEES OF THE CONGRESS ALL STUDIES, DATA, AND
OTHER INFORMATION ACQUIRED OR DEVELOPED BY THE ASSOCIATION.
(C) INVESTMENT OF FUNDS.--UNCOMMITTED FUNDS OF THE ASSOCIATION SHALL
BE KEPT IN CASH ON HAND OR ON DEPOSIT, OR INVESTED IN OBLIGATIONS OF THE
UNITED STATES OR GUARANTEED THEREBY, OR IN OBLIGATIONS, PARTICIPATIONS,
OR OTHER INVESTMENTS WHICH ARE LAWFUL INVESTMENTS FOR FIDUCIARY, TRUST,
OR PUBLIC FUNDS.
(D) EXEMPTION FROM TAXATION.--THE ASSOCIATION, INCLUDING ITS
FRANCHISE, CAPITAL RESERVES, SURPLUS, SECURITY HOLDINGS, AND INCOME
SHALL BE EXEMPT FROM ALL TAXATION NOW OR HEREAFTER IMPOSED BY THE UNITED
STATES, ANY COMMONWEALTH, TERRITORY, DEPENDENCY, OR POSSESSION THEREOF,
OR BY ANY STATE OR POLITICAL SUBDIVISION THEREOF, EXCEPT THAT ANY REAL
PROPERTY OF THE ASSOCIATION SHALL BE SUBJECT TO TAXATION TO THE SAME
EXTENT ACCORDING TO ITS VALUE AS OTHER REAL PROPERTY IS TAXED.
(E) ANNUAL REPORT.--THE ASSOCIATION SHALL TRANSMIT TO THE CONGRESS
AND THE PRESIDENT, NOT LATER THAN 90 DAYS AFTER THE END OF EACH FISCAL
YEAR, A COMPREHENSIVE AND DETAILED REPORT ON ALL ACTIVITIES OF THE
ASSOCIATION DURING THE PRECEDING FISCAL YEAR. EACH SUCH REPORT SHALL
INCLUDE (1) THE ASSOCIATION'S STATEMENT OF SPECIFIC AND DETAILED
OBJECTIVES FOR THE ACTIVITIES AND PROGRAMS CONDUCTED AND ASSISTED UNDER
THIS ACT; (2) STATEMENTS OF THE ASSOCIATION'S CONCLUSIONS AS TO THE
EFFECTIVENESS OF SUCH ACTIVITIES AND PROGRAMS IN MEETING THE STATED
OBJECTIVES AND THE PURPOSES OF THIS ACT, MEASURED THROUGH THE END OF THE
PRECEDING FISCAL YEAR; (3) RECOMMENDATIONS WITH RESPECT TO ANY
LEGISLATION OR ABLE; (4) A STATISTICAL COMPILATION OF THE OBLIGATIONS
ISSUED AND LOANS MADE UNDER THIS ACT; (5) A SUMMARY OF OUTSTANDING
PROBLEMS CONFRONTING THE ASSOCIATION, IN ORDER OF PRIORITY; (6) ALL
OTHER INFORMATION REQUIRED TO BE SUBMITTED TO THE CONGRESS PURSUANT TO
ANY OTHER PROVISION OF THIS ACT; AND (7) THE ASSOCIATION'S PROJECTIONS
AND PLANS FOR ITS ACTIVITIES AND PROGRAMS DURING THE NEXT FISCAL YEAR.
(F) BUDGET.--THE RECEIPTS AND DISBURSEMENTS OF THE ASSOCIATION (OTHER
THAN ADMINISTRATIVE EXPENSES REFERRED TO IN SUBSECTION (G) OF THIS
SECTION) IN THE DISCHARGE OF ITS FUNCTIONS SHALL NOT BE INCLUDED IN THE
TOTALS OF THE BUDGET OF THE UNITED STATES GOVERNMENT, AND SHALL BE
EXEMPT FROM ANY ANNUAL EXPENDITURE AND NET LENDING (BUDGET OUTLAYS)
LIMITATIONS IMPOSED ON A BUDGET OF THE UNITED STATES GOVERNMENT. THE
CHAIRMAN OF THE ASSOCIATION SHALL TRANSMIT ANNUALLY TO THE CONGRESS A
BUDGET FOR PROGRAM ACTIVITIES AND FOR ADMINISTRATIVE EXPENSES OF THE
ASSOCIATION. THE CHAIRMAN SHALL REPORT ANNUALLY TO THE CONGRESS THE
AMOUNT OF NET LENDING OF THE ASSOCIATION, WHICH WOULD BE INCLUDED IN THE
TOTALS OF THE BUDGETS OF THE UNITED STATES GOVERNMENT, IF THE
ASSOCIATION'S ACTIVITIES WERE NOT EXCLUDED FROM THOSE TOTALS AS A RESULT
OF THIS SECTION.
(G) ACCOUNTABILITY.--(1) SECTION 201 OF THE GOVERNMENT CORPORATION
CONTROL ACT (31 U.S.C. 856) IS AMENDED BY STRIKING OUT "AND" AT THE
END OF CLAUSE T& END OF CLAUSE (6) AND BY INSERTING IMMEDIATELY
BEFORE THE PERIOD AT THE END THEREOF THE FOLLOWING: ", (8) THE UNITED
STATES RAILWAY ASSOCIATION". //70 STAT. 667; 85 STAT. 37.//
(2) THE CHAIRMAN OF THE ASSOCIATION SHALL TRANSMIT ANNUALLY TO THE
OFFICE OF MANAGEMENT AND BUDGET A BUDGET FOR ADMINISTRATIVE EXPENSES OF
THE ASSOCIATION. WHENEVER THE ASSOCIATION SUBMITS ANY BUDGET ESTIMATE
OR REQUEST TO THE OFFICE OF MANAGEMENT AND BUDGET, IT SHALL CONCURRENTLY
TRANSMIT A COPY OF THE ESTIMATE OR REQUEST TO THE CONGRESS. WITHIN
BUDGETARY CONSTRAINTS OF THE CONGRESS, THE MAXIMUM FEASIBLE AND PRUDENT
BUDGETARY FLEXIBILITY SHALL BE PROVIDED TO THE ASSOCIATION TO PERMIT
EFFECTIVE OPERATIONS.
SEC. 203. (A) PLANNING.--EACH RAILROAD OPERATING IN THE REGION SHALL
PROVIDE SUCH RELEVANT INFORMATION AS MAY BE REQUESTED BY THE SECRETARY,
THE OFFICE, OR THE ASSOCIATION IN CONNECTION WITH THE PERFORMANCE OF
THEIR RESPECTIVE FUNCTIONS UNDER ANY PROVISION OF THIS ACT. NO
INFORMATION MAY BE REQUESTED UNDER THIS SUBSECTION AFTER THE EFFECTIVE
DATE OF THE FINAL SYSTEM PLAN.
(B) OTHER.--EACH RAILROAD OR OTHER PERSON OR GOVERNMENT ENTITY
SEEKING FINANCIAL ASSISTANCE FROM THE ASSOCIATION SHALL MAINTAIN AND
MAKE AVAILABLE SUCH RECORDS, MAKE AND SUBMIT SUCH REPORTS, AND PROVIDE
SUCH DATA, MATERIALS, OR OTHER RELEVANT INFORMATION AS MAY BE REQUESTED
BY THE ASSOCIATION.
(C) ENFORCEMENT.--WHERE AUTHORIZED UNDER SUBSECTION (A) OR (B) OF
THIS SECTION AND UPON PRESENTING APPROPRIATE CREDENTIALS AND A WRITTEN
NOTICE OF INSPECTION AUTHORITY, ANY OFFICER OR EMPLOYEE DULY DESIGNATED
BY THE SECRETARY, THE OFFICE, OR THE ASSOCIATION MAY, AT REASONABLE
TIMES, INSPECT RECORDS, PAPERS, PROCESSES, ROLLING STOCK, SYSTEMS,
EQUIPMENT, OR FACILITIES AND MAY, IN FURTHERANCE OF THEIR RESPECTIVE
FUNCTIONS UNDER THIS ACT, HOLD SUCH HEARINGS, SIT AND ACT AT SUCH TIMES
AND PLACES, ADMINISTER SUCH OATHS, AND REQUIRE BY SUBPOENA OR OTHER
ORDER THE ATTENDANCE AND TESTIMONY OF SUCH WITNESSES AND THE PRODUCTION
OF SUCH INFORMATION AS IS DEEMED ADVISABLE. SUBPOENAS SHALL BE ISSUED
UNDER THE SIGNATURE OF THE SECRETARY, THE DIRECTOR OF THE OFFICE, OR THE
CHAIRMAN OR PRESIDENT OF THE ASSOCIATION AND MAY BE SERVED TO ANY DULY
DESIGNATED INDIVIDUAL. IN CASE OF CONTUMACY OR REFUSAL TO OBEY SUCH A
SUBPOENA OR ORDER BY ANY PERSON WHO RESIDES, IS FOUND, OR TRANSACTS
BUSINESS WITHIN THE JURISDICTION OF ANY DISTRICT COURT OF THE UNITED
STATES, SUCH DISTRICT COURT SHALL, UPON PETITION, HAVE JURISDICTION TO
ISSUE TO SUCH PERSON AN ORDER REQUIRING HIM TO COMPLY FORTHWITH.
FAILURE TO OBEY SUCH AN ORDER IS PUNISHABLE BY SUCH COURT AS A CONTEMPT
OF COURT.
(D) CONGRESS.--NOTHING IN THIS SECTION SHALL AUTHORIZE THE
WITHHOLDING OF INFORMATION FROM ANY DULY AUTHORIZED COMMITTEE OF THE
CONGRESS.
SEC. 204. (A) PREPARATION.--WITHIN 30 DAYS AFTER THE DATE OF
ENACTMENT OF THIS ACT, THE SECRETARY SHALL PREPARE A COMPREHENSIVE
REPORT CONTAINING HIS CONCLUSIONS AND RECOMMENDATIONS WITH RESPECT TO
THE GEOGRAPHIC ZONES WITHIN THE REGION IN AND BETWEEN WHICH RAIL SERVICE
SHOULD BE PROVIDED AND THE CRITERIA UPON WHICH SUCH CONCLUSIONS AND
RECOMMENDATIONS ARE BASED. THE SECRETARY MAY USE AS A BASIS FOR THE
IDENTIFICATION OF SUCH GEOGRAPHIC ZONES THE STANDARD METROPOLITAN
STATISTICAL AREAS, GROUPS OF SUCH AREAS, COUNTIES, OR GROUPS OF COUNTIES
HAVING SIMILAR ECONOMIC CHARACTERISTICS SUCH AS MINING, MANUFACTURING,
OR FARMING.
(B) SUBMISSION.--THE SECRETARY SHALL SUBMIT THE REPORT REQUIRED BY
SUBSECTION (A) OF THIS SECTION TO THE OFFICE, THE ASSOCIATION, THE
GOVERNOR AND PUBLIC UTILITIES COMMISSION OF EACH STATE STUDIED IN THE
REPORT, LOCAL GOVERNMENTS, CONSUMER ORGANIZATIONS, ENVIRONMENTAL GROUPS,
THE PUBLIC, AND THE CONGRESS. THE SECRETARY SHALL FURTHER CAUSE A COPY
OF THE REPORT TO BE PUBLISHED IN THE FEDERAL REGISTER.
SEC. 205. (A) ESTABLISHMENT.--THERE IS ESTABLISHED, ON THE DATE OF
ENACTMENT OF THIS ACT, A NEW OFFICE IN THE COMMISSION TO BE KNOWN AS THE
RAIL SERVICES PLANNING OFFICE. THE OFFICE SHALL FUNCTION CONTINUOUSLY
PURSUANT TO THE PROVISIONS OF THIS ACT, AND SHALL CEASE TO EXIST 5 YEARS
AFTER THE DATE OF ENACTMENT OF THIS ACT. THE OFFICE SHALL BE
ADMINISTERED BY A DIRECTOR.
(B) DIRECTOR.--THE DIRECTOR OF THE OFFICE SHALL BE APPOINTED BY THE
CHAIRMAN OF THE COMMISSION WITH THE CONCURRENCE OF 5 MEMBERS OF THE
COMMISSION. THE DIRECTOR OF THE OFFICE SHALL ADMINISTER AND BE
RESPONSIBLE FOR THE DISCHARGE OF THE FUNCTIONS AND DUTIES OF THE OFFICE
FROM THE DATE HE TAKES OFFICE UNLESS REMOVED FOR CAUSE BY THE
COMMISSION. HE SHALL BE COMPENSATED AT A RATE TO BE SET BY THE CHAIRMAN
OF THE COMMISSION WITHOUT REGARD TO THE PROVISIONS OF TITLE 5, UNITED
STATES CODE, GOVERNING APPOINTMENTS IN THE COMPETITIVE SERVICE,
CLASSIFICATION, AND GENERAL SCHEDULE PAY RATES, BUT AT A RATE NOT IN
EXCESS OF THE MAXIMUM RATE FOR GS-18 OF THE GENERAL SCHEDULE UNDER
SECTION 5332 OF SUCH TITLE. //5 USC 5332 NOTE.//
(C) POWERS.--THE DIRECTOR OF THE OFFICE IS SUBJECT TO THE DIRECTION
OF, AND SHALL REPORT TO, SUCH MEMBER OF THE COMMISSION AS THE CHAIRMAN
THEREOF SHALL DESIGNATE. THE CHAIRMAN MAY DESIGNATE HIMSELF AS THAT
MEMBER. SUCH DIRECTOR IS AUTHORIZED, WITH THE CONCURRENCE OF SUCH
MEMBER OR (IN CASE OF DISAGREEMENT) THE CHAIRMAN OF THE COMMISSION, TO--
(1) APPOINT, FIX THE COMPENSATION, AND ASSIGN THE DUTIES OF
EMPLOYEES OF THE OFFICE WITHOUT REGARD TO THE PROVISIONS OF TITLE
5, UNITED STATES CODE, GOVERNING APPOINTMENTS IN THE COMPETITIVE
SERVICE, AND TO PROCURE TEMPORARY AND INTERMITTENT SERVICES TO THE
SAME EXTENT AS IS AUTHORIZED UNDER SECTION 3109 OF TITLE 5, UNITED
STATES CODE, BUT AT RATES NOT TO EXCEED $250 A DAY FOR QUALIFIED
EXPERTS. //80 STAT. 416.// EACH DEPARTMENT, AGENCY, AND
INSTRUMENTALITY OF THE EXECUTIVE BRANCH OF THE FEDERAL GOVERNMENT
AND EACH INDEPENDENT REGULATORY AGENCY OF THE UNITED STATES IS
AUTHORIZED AND SHALL GIVE CAREFUL CONSIDERATION TO A REQUEST TO
FURNISH TO THE DIRECTOR OF THE OFFICE, UPON WRITTEN REQUEST, ON A
REIMBURSABLE BASIS OR OTHERWISE, SUCH ASSISTANCE AS THE DIRECTOR
DEEMS NECESSARY TO CARRY OUT THE FUNCTIONS AND DUTIES OF THE
OFFICE. SUCH ASSISTANCE INCLUDES TRANSFER OF PERSONNEL WITH THEIR
CONSENT AND WITHOUT PREJUDICE TO THEIR POSITION AND RATING; AND
(2) ENTER INTO, WITHOUT REGARD TO SECTION 3709 OF THE REVISED
STATUTES OF THE UNITED STATES (41 U.S.C. 5), SUCH CONTRACTS,
BEASES, COOPERATIVE AGREEMENTS, OR OTHER TRANSACTIONS AS MAY BE
NECESSARY IN THE CONDUCT OF THE FUNCTIONS AND DUTIES OF THE
OFFICE, WITH ANY PERSON (INCLUDING A GOVERNMENT ENTITY).
(D) DUTIES.--IN ADDITION TO ITS DUTIES, AND RESPONSIBILITIES UNDER
OTHER PROVISIONS OF THIS ACT, THE OFFICE SHALL--
(1) STUDY AND EVALUATE THE SECRETARY'S REPORT ON RAIL SERVICE
IN THE REGION REQUIRED UNDER SECTION 204 (A) OF THIS ACT AND
SUBMIT ITS REPORT THEREON TO THE ASSOCIATION WITHIN 120 DAYS AFTER
THE DATE OF ENACTMENT OF THIS ACT. THE OFFICE SHALL ALSO SOLICIT,
STUDY, AND EVALUATE THE VIEWS WITH RESPECT TO PRESENT AND FUTURE
RAIL SERVICE NEEDS OF THE REGION FROM GOVERNORS OF STATES WITHIN
THE REGION; MAYORS AND CHIEF EXECUTIVES OF POLITICAL SUBDIVISIONS
WITHIN SUCH STATES; SHIPPERS; THE SECRETARY OF DEFENSE;
MANUFACTURERS; WHOLESALERS, AND RETAILERS WITHIN THE REGION;
CONSUMERS OF GOODS AND PRODUCTS SHIPPED BY RAIL; AND ALL OTHER
INTERESTED PERSONS. THE OFFICE SHALL CONDUCT PUBLIC HEARINGS TO
SOLICIT COMMENTS ON SUCH REPORT AND TO RECEIVE SUCH VIEWS;
(2) EMPLOY AND UTILIZE THE SERVICES OF ATTORNEYS AND SUCH OTHER
PERSONNEL AS MAY BE REQUIRED IN ORDER PROPERLY TO PROTECT THE
INTERESTS OF THOSE COMMUNITIES AND USERS OF RAIL SERVICE WHICH,
FOR WHATEVER REASON, SUCH AS THEIR SIZE OR LOCATION, MIGHT NOT
OTHERWISE BE ADEQUATELY REPRESENTED IN THE COURSE OF THE HEARINGS
AND EVALUATIONS WHICH THE OFFICE IS REQUIRED TO CONDUCT AND
PERFORM UNDER OTHER PROVISIONS OF THIS ACT;
(3) WITHIN 180 DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT,
DETERMINE AND PUBLISH STANDARDS FOR DETERMINING THE "REVENUE
ATTRIBUTABLE TO THE RAIL PROPERTIES", THE "AVOIDABLE COSTS OF
PROVIDING SERVICE", AND "A REASONABLE RETURN ON THE VALUE", AS
THOSE PHRASES ARE USED IN SECTION 304 OF THIS ACT, AFTER A
PROCEEDING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 553 OF
TITLE 5, UNITED STATES CODE; //80 STAT. 383.// AND
(4) ASSIST STATES AND LOCAL AND REGIONAL TRANSPORTATION
AGENCIES IN MAKING DETERMINATIONS WHETHER TO PROVIDE RAIL SERVICE
CONTINUATION SUBSIDIES TO MAINTAIN IN OPERATION PARTICULAR RAIL
PROPERTIES BY ESTABLISHING CRITERIA FOR DETERMINING WHETHER
7PRRTICULAR RAIL PROPERTIES ARE SUITABLE FOR RAIL SERVICE CONTINUATION
SUBSIDIES. SUCH CRITERIA SHOULD INCLUDE THE FOLLOWING
CONSIDERATIONS: RAIL PROPERTIES ARE SUITABLE IF THE COST OF THE
REQUIRED SUBSIDY FOR SUCH PROPERTIES PER YEAR TO THE TAXPAYERS IS
LESS THAN THE COST OF TERMINATION OF RAIL SERVICE OVER SUCH
PROPERTIES MEASURED BY INCREASED FUEL CONSUMPTION AND OPERATIONAL
COSTS FOR ALTERNATIVE MODES OF TRANSPORTATION; THE COST TO THE
GROSS NATIONAL PRODUCT IN TERMS OF REDUCED OUTPUT OF GOODS AND
SERVICES; THE COST OF RELOCATING OR ASSISTING THROUGH
UNEMPLOYMENT, RETRAINING, AND WELFARE BENEFITS TO INDIVIDUALS AND
FIRMS ADVERSELY AFFECTED THEREBY; AND THE COST TO THE ENVIRONMENT
MEASURED BY DAMAGE CAUSED BY INCREASED POLLUTION.
SEC. 206. (A) GOALS.--THE FINAL SYSTEM PLAN SHALL BE FORMULATED IN
SUCH A WAY AS TO EFFECTUATE THE FOLLOWING GOALS:
10^(1) THE CREATION, THROUGH A PROCESS OF REOR
(1) THE CREATION, THROUGH A PROCESS OF REORGANIZATION, OF A
FINANCIALLY SELF-SUSTAINING RAIL SERVICE SYSTEM IN THE REGION;
(2) THE ESTABLISHMENT AND MAINTENANCE OF A RAIL SERVICE SYSTEM
ADEQUATE TO MEET THE RAIL TRANSPORTATION NEEDS AND SERVICE
REQUIREMENTS OF THE REGION;
(3) THE ESTABLISHMENT OF IMPROVED HIGH-SPEED RAIL PASSENGER
SERVICE, CONSONANT WITH THE RECOMMENDATIONS OF THE SECRETARY IN
HIS REPORT OF SEPTEMBER 1971, ENTITLED "RECOMMENDATIONS FOR
NORTHEAST CORRIDOR TRANSPORTATION";
(4) THE PRESERVATION, TO THE EXTENT CONSISTENT WITH OTHER
GOALS, OF EXISTING PATTERNS OF SERVICE BY RAILROADS (INCLUDING
SHORT-LINE AND TERMINAL RAILROADS), AND OF EXISTING RAILROAD
TRACKAGE IN AREAS IN WHICH FOSSIL FUEL NATURAL RESOURCES ARE
LOCATED, AND THE UTILIZATION OF THOSE MODES OF TRANSPORTATION IN
THE REGION WHICH REQUIRE THE SMALLEST AMOUNT OF SCARCE ENERGY
RESOURCES AND WHICH CAN MOST EFFICIENTLY TRANSPORT ENERGY
RESOURCES;
(5) THE RETENTION AND PROMOTION OF COMPETITION IN THE PROVISION
OF RAIL AND OTHER TRANSPORTATION SERVICES IN THE REGION;
(6) THE ATTAINMENT AND MAINTENANCE OF ANY ENVIRONMENTAL
STANDARDS, PARTICULARLY THE APPLICABLE NATIONAL AMBIENT AIR
QUALITY STANDARDS AND PLANS ESTABLISHED UNDER THE CLEAN AIR ACT
AMENDMENTS OF 1970, TAKING INTO CONSIDERATION THE ENVIRONMENTAL
IMPACT OF ALTERNATIVE CHOICES OF ACTION; //84 STAT. 1676. 42 USC
1857B NOTE.//
(7) THE MOVEMENT OF PASSENGERS AND FREIGHT IN RAIL
TRANSPORTATION IN THE REGION IN THE MOST EFFICIENT MANNER
CONSISTENT WITH SAFE OPERATION, INCLUDING THE REQUIREMENTS OF
COMMUTER AND INTERCITY RAIL PASSENGER SERVICE; THE EXTENT TO
WHICH THERE SHOULD BE COORDINATION WITH THE NATIONAL RAILROAD
PASSENGER CORPORATION AND SIMILAR ENTITIES; AND THE
IDENTIFICATION OF ALL SHORT-TO-MEDIUM DISTANCE CORRIDORS IN
DENSELY POPULATED AREAS IN WHICH THE MAJOR UPGRADING OF RAIL LINES
FOR HIGH-SPEED PASSENGER OPERATION WOULD RETURN SUBSTANTIAL PUBLIC
BENEFITS; AND
(8) THE MINIMIZATION OF JOB LOSSES AND ASSOCIATED INCREASES IN
UNEMPLOYMENT AND COMMUNITY BENEFIT COSTS IN AREAS IN THE REGION
PRESENTLY SERVED BY RAIL SERVICE.
(B) FACTORS.--THE FINAL SYSTEM PLAN SHALL BE BASED UPON DUE
CONSIDERATION OF ALL FACTORS RELEVANT TO THE REALIZATION OF THE GOALS
SET FORTH IN SUBSECTION (A) OF THIS SECTION. SUCH FACTORS INCLUDE THE
NEED FOR AND THE COST OF REHABILITATION AND MODERNIZATION OF TRACK,
EQUIPMENT, AND OTHER FACILITIES; METHODS OF ACHIEVING ECONOMIES IN THE
COST OF RAIL OPERATIONS IN THE REGION; MEANS OF ACHIEVING
RATIONALIZATION OF RAIL SERVICES AND THE RAIL SERVICE SYSTEM IN THE
REGION; MARKETING STUDIES; THE IMPACT ON RAILROAD EMPLOYEES, CONSUMER
NEEDS; TRAFFIC ANALYSES; FINANCIAL STUDIES; AND ANY OTHER FACTORS
IDENTIFIED BY THE ASSOCIATION UNDER SECTION 202 (B) OF THIS TITLE OR IN
THE REPORT OF THE SECRETARY REQUIRED UNDER SECTION 204 (A) OF THIS
TITLE. //ANTE, P. 990.//
(C) DESIGNATIONS.--THE FINAL SYSTEM PLAN SHALL DESIGNATE--
(1) WHICH RAIL PROPERTIES OF RAILROADS IN REORGANIZATION IN THE
REGION OR OF RAILROADS LEASED, OPERATED, OR CONTROLLED BY ANY
RAILROAD IN REORGANIZATION IN THE REGION--
(A) SHALL BE TRANSFERRED TO THE CORPORATION;
(B) SHALL BE OFFERED FOR SALE TO A PROFITABLE RAILROAD
OPERATING IN THE REGION AND, IF SUCH OFFER IS ACCEPTED, OPERATED
BY SUCH RAILROAD; THE PLAN SHALL DESIGNATE WHAT ADDITIONS SHALL
BE MADE TO THE DESIGNATION UNDER SUBPARAGRAPH (A) OF THIS
PARAGRAPH IN THE EVENT SUCH PROFITABLE RAILROAD FAILS TO ACCEPT
SUCH OFFER;
(C) SHALL BE PURCHASED, LEASED, OR OTHERWISE ACQUIRED FROM THE
CORPORATION BY THE NATIONAL RAILROAD PASSENGER CORPORATION IN
ACCORDANCE WITH THE EXERCISE OF ITS OPTION UNDER SECTION 601 (D)
OF THIS ACT FOR IMPROVEMENT TO ACHIEVE THE GOAL SET FORTH IN
SUBSECTION (A) (3) OF THIS SECTION;
(D) MAY BE PURCHASED OR LEASED FROM THE CORPORATION BY A STATE
OR A LOCAL OR REGIONAL TRANSPORTATION AUTHORITY TO MEET THE NEEDS
OF COMMUTER AND INTERCITY RAIL PASSENGER SERVICE; AND
(E) IF NOT OTHERWISE REQUIRED TO BE OPERATED BY THE
CORPORATION, A GOVERNMENT ENTITY, OR A RESPONSIBLE PERSON, ARE
SUITABLE FOR USE FOR OTHER PUBLIC PURPOSES, INCLUDING HIGHWAYS,
OTHER FORMS OF TRANSPORTATION, CONSERVATION, ENERGY TRANSMISSION,
EDUCATION OR HEALTH CARE FACILITIES, OR RECREATION. IN CARRYING
OUT THIS SUBPARAGRAPH, THE ASSOCIATION SHALL SOLICIT THE VIEWS AND
RECOMMENDATIONS OF THE SECRETARY, THE SECRETARY OF THE INTERIOR,
THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, AND
OTHER AGENCIES OF THE FEDERAL GOVERNMENT AND OF THE STATES AND
POLITICAL SUBDIVISIONS THEREOF WITHIN THE REGION, AND THE GENERAL
PUBLIC; AND
(2) WHICH RAIL PROPERTIES OF PROFITABLE RAILROADS OPERATING IN
THE REGION MAY BE OFFERED FOR SALE TO THE CORPORATION OR TO OTHER
PROFITABLE RAILROADS OPERATING IN THE REGION SUBJECT TO PARAGRAPHS
(3) AND (4) OF SUBSECTION (D) OF THIS SECTION.
(D) TRANSFERS.--ALL TRANSFERS OR CONVEYANCES PURSUANT TO THE FINAL
SYSTEM PLAN SHALL BE MADE IN ACCORDANCE WITH, AND SUBJECT TO, THE
FOLLOWING PRINCIPLES:
(1) ALL RAIL PROPERTIES TO BE TRANSFERRED TO THE CORPORATION BY
A PROFITABLE RAILROAD, BY TRUSTEES OF A RAILROAD IN
REORGANIZATION, OR BY ANY RAILROAD LEASED, OPERATED, OR CONTROLLED
BY A RAILROAD IN REORGANIZATION IN THE REGION, SHALL BE
TRANSFERRED IN EXCHANGE FOR STOCK AND OTHER SECURITIES OF THE
CORPORATION (INCLUDING OBLIGATIONS OF THE ASSOCIATION) AND THE
OTHER BENEFITS ACCRUING TO SUCH RAILROAD BY REASON OF SUCH
TRANSFER.
(2) ALL RAIL PROPERTIES TO BE CONVEYED TO A PROFITABLE RAILROAD
OPERATING IN THE REGION BY TRUSTEES OF A RAILROAD IN
REORGANIZATION, OR BY ANY RAILROAD LEASED, OPERATED, OR CONTROLLED
BY A RAILROAD IN REORGANIZATION IN THE REGION, SHALL BE CONVEYED
IN EXCHANGE FOR COMPENSATION FROM THE PROFITABLE RAILROAD.
(3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, NO
ACQUISITION UNDER THIS ACT SHALL BE MADE BY ANY PROFITABLE
RAILROAD OPERATING IN THE REGION WITHOUT A DETERMINATION WITH
RESPECT TO EACH SUCH TRANSACTION AND ALL SUCH TRANSACTIONS
CUMULATIVELY (A) BY THE ASSOCIATION, UPON ADOPTION AND RELEASE OF
THE PRELIMINARY SYSTEM PLAN, THAT SUCH ACQUISITION OR ACQUISITIONS
WILL NOT MATERIALLY IMPAIR THE PROFITABILITY OF ANY OTHER
PROFITABLE RAILROAD OPERATING IN THE REGION OR OF THE CORPORATION,
AND (B) BY THE COMMISSION, WHICH SHALL BE MADE WITHIN 90 DAYS
AFTER ADOPTION AND RELEASE BY THE ASSOCIATION OF THE PRELIMINARY
SYSTEM PLAN, THAT SUCH ACQUISITION OR ACQUISITIONS WILL BE IN FULL
ACCORD AND COMPLY WITH THE PROVISIONS AND STANDARDS OF SECTION 5
OF PART I OF THE INTERSTATE COMMERCE ACT (49 U.S.C. 5). THE
DETERMINATION BY THE ASSOCIATION SHALL NOT BE REVIEWABLE IN ANY
COURT. THE DETERMINATION BY THE COMMISSION SHALL NOT BE
REVIEWABLE IN ANY COURT. //62 STAT. 472.//
(4) WHERE THE FINAL SYSTEM PLAN DESIGNATES SPECIFIED RAIL
PROPERTIES OF A RAILROAD IN REORGANIZATION IN THE REGION, OR OF A
RAILROAD LEASED, OPERATED, OR CONTROLLED BY A RAILROAD IN
REORGANIZATION IN THE REGION, TO BE OFFERED FOR SALE TO AND
OPERATED BY A PROFITABLE RAILROAD OPERATING IN THE REGION, SUCH
DESIGNATION SHALL TERMINATE PRIOR TO SUCH DATE, SUCH PROFITABLE
RAILROAD HAS NOTIFIED THE ASSOCIATION IN WRITING OF ITS ACCEPTANCE
OF SUCH OFFER. WHERE THE FINAL SYSTEM PLAN DESIGNATES SPECIFIED
RAIL PROPERTIES OF A PROFITABLE RAILROAD OPERATING IN THE REGION
AS AUTHORIZED TO BE OFFERED FOR SALE OR LEASE TO THE CORPORATION
OR TO OTHER PROFITABLE RAILROADS OPERATING IN THE REGION, SUCH
DESIGNATION AND AUTHORIZATION SHALL TERMINATE 60 DAYS AFTER THE
EFFECTIVE DATE OF THE FINAL SYSTEM PLAN UNLESS, PRIOR TO SUCH
DATE, A BINDING AGREEMENT WITH RESPECT TO SUCH PROPERTIES HAS BEEN
ENTERED INTO AND CONCLUDED.
(5) ALL PROPERTIES SOLD BY THE CORPORATION PURSUANT TO SECTIONS
206 (C) (1) (C) AND 601 (D) OF THIS ACT SHALL BE TRANSFERRED AT A
VALUE RELATED TO THE VALUE RECEIVED FOR THE TRANSFER TO THE
CORPORATION OF SUCH PROPERTIES.
(E) CORPORATION FEATURES.--THE FINAL SYSTEM PLAN SHALL SET FORTH--
(1) PRO FORMA EARNINGS FOR THE CORPORATION, AS REASONABLY
PROJECTED AND CONSIDERING THE ADDITIONS OR CHANGES IN THE
DESIGNATION OF RAIL PROPERTIES TO BE OPERATED BY THE CORPORATION
WHICH MAY BE MADE UNDER SUBSECTION (D) (4) OF THIS SECTION;
(2) THE CAPITAL STRUCTURE OF THE CORPORATION, BASED ON THE PRO
FORMA EARNINGS OF THE CORPORATION AS SET FORTH, INCLUDING SUCH
DEBT CAPITALIZATION AS SHALL BE REASONABLY DEEMED TO CONFORM TO
THE REQUIREMENTS OF THE PUBLIC INTEREST WITH RESPECT TO RAILROAD
DEBT SECURITIES, INCLUDING THE ADEQUACY OF COVERAGE OF FIXED
CHARGES; AND
(3) THE MANNER IN WHICH EMPLOYEE STOCK OWNERSHIP PLANS MAY, TO
THE EXTENT PRACTICABLE, BE UTILIZED FOR MEETING THE CAPITALIZATION
REQUIREMENTS OF THE CORPORATION, TAKING INTO ACCOUNT (A) THE
RELATIVE COST SAVINGS COMPARED TO CONVENTIONAL METHODS OF
CORPORATE FINANCE; (B) THE LABOR COST SAVINGS; (C) THE POTENTIAL
FOR MINIMIZING STRIKES AND PRODUCING MORE HARMONIOUS RELATIONS
BETWEEN LABOR ORGANIZATIONS AND RAILWAY MANAGEMENT; (D) THE
PROJECTED EMPLOYEE DIVIDEND INCOMES; (E) THE IMPACT ON QUALITY OF
SERVICE AND PRICES TO RAILWAY USERS; AND (F) THE PROMOTION OF THE
OBJECTIVES OF THIS ACT OF CREATING A FINANCIALLY SELF-SUSTAINING
RAILWAY SYSTEM IN THE REGION WHICH ALSO MEETS THE SERVICE NEEDS OF
THE REGION AND THE NATION.
(F) VALUE.--THE FINAL SYSTEM PLAN SHALL DESIGNATE THE VALUE OF ALL
RAIL PROPERTIES TO BE TRANSFERRED UNDER THE FINAL SYSTEM PLAN AND THE
VALUE OF THE SECURITIES AND OTHER BENEFITS TO BE RECEIVED FOR
TRANSFERRING THOSE RAIL PROPERTIES TO THE CORPORATION IN ACCORDANCE WITH
THE FINAL SYSTEM PLAN.
(G) OTHER PROVISIONS.--THE FINAL SYSTEM PLAN MAY RECOMMEND
ARRANGEMENTS AMONG VARIOUS RAILROADS FOR JOINT USE OR OPERATION OF RAIL
PROPERTIES ON A SHARED OWNERSHIP, COOPERATIVE, POOLED, OR
CONDOMINIUM-TYPE BASIS, SUBJECT TO SUCH TERMS AND CONDITIONS AS MAY BE
SPECIFIED IN THE FINAL SYSTEM PLAN. THE FINAL SYSTEM PLAN SHALL ALSO
MAKE SUCH DESIGNATIONS AS ARE DETERMINED TO BE NECESSARY IN ACCORDANCE
WITH THE PROVISIONS OF SECTION 402 OR 403 OF THIS ACT.
(H) OBLIGATIONAL AUTHORITY.--THE FINAL SYSTEM PLAN SHALL RECOMMEND
THE AMOUNT OF OBLIGATIONS OF THE ASSOCIATION WHICH ARE NECESSARY TO
ENABLE IT TO IMPLEMENT THE FINAL SYSTEM PLAN.
(I) TERMS AND CONDITIONS FOR SECURITIES.--THE FINAL SYSTEM PLAN MAY
INCLUDE TERMS AND CONDITIONS FOR ANY SECURITIES TO BE ISSUED BY THE
CORPORATION IN EXCHANGE FOR THE CONVEYANCE OF RAIL PROPERTIES UNDER THE
FINAL SYSTEM PLAN WHICH IN THE JUDGMENT OF THE ASSOCIATION WILL MINIMIZE
ANY ACTUAL OR POTENTIAL DEBT BURDEN ON THE CORPORATION. ANY SUCH TERMS
AND CONDITIONS FOR SECURITIES OF THE CORPORATION WHICH PURPORT TO
DIRECTLY OBLIGATE THE ASSOCIATION SHALL NOT BECOME EFFECTIVE WITHOUT
AFFIRMATIVE APPROVAL, WITH OR WITHOUT MODIFICATION BY A JOINT RESOLUTION
OF THE CONGRESS.
SEC. 207. (A) PRELIMINARY SYSTEM PLAN.--(1) WITHIN 300 DAYS AFTER
THE DATE OF ENACTMENT OF THIS ACT, THE ASSOCIATION SHALL ADOPT AND
RELEASE A PRELIMINARY SYSTEM PLAN PREPARED BY IT ON THE BASIS OF REPORTS
AND OTHER INFORMATION SUBMITTED TO IT BY THE SECRETARY, THE OFFICE, AND
INTERESTED PERSONS IN ACCORDANCE WITH THIS ACT AND ON THE BASIS OF ITS
OWN INVESTIGATIONS, CONSULTATIONS, RESEARCH, EVALUATION, AND ANALYSIS
PURSUANT TO THIS ACT. COPIES OF THE PRELIMINARY SYSTEM PLAN SHALL BE
TRANSMITTED BY THE ASSOCIATION TO THE SECRETARY, THE OFFICE, THE
GOVERNOR AND PUBLIC UTILITY COMMISSION OF EACH STATE IN THE REGION, THE
CONGRESS, EACH COURT HAVING JURISDICTION OVER A RAILROAD IN
REORGANIZATION IN THE REGION, THE SPECIAL COURT, AND INTERESTED PERSONS,
AND A COPY SHALL BE PUBLISHED IN THE FEDERAL REGISTER. THE ASSOCIATION
SHALL INVITE AND AFFORD INTERESTED PERSONS AN OPPORTUNITY TO SUBMIT
COMMENTS ON THE PRELIMINARY SYSTEM PLAN TO THE ASSOCIATION WITHIN 60
DAYS AFTER THE DATE OF ITS RELEASE.
(2) THE OFFICE IS AUTHORIZED AND DIRECTED TO HOLD PUBLIC HEARINGS ON
THE PRELIMINARY SYSTEM PLAN AND TO MAKE AVAILABLE TO THE ASSOCIATION A
SUMMARY AND ANALYSIS OF THE EVIDENCE RECEIVED IN THE COURSE OF SUCH
PROCEEDINGS, TOGETHER WITH ITS CRITIQUE AND EVALUATION OF THE
PRELIMINARY SYSTEM PLAN, NOT LATER THAN 60 DAYS AFTER THE DATE OF
RELEASE OF SUCH PLAN.
(B) APPROVAL.--WITHIN 120 DAYS AFTER THE DATE OF ENACTMENT OF THIS
ACT EACH UNITED STATES DISTRICT COURT OR OTHER COURT HAVING JURISDICTION
OVER A RAILROAD IN REORGANIZATION SHALL DECIDE WHETHER THE RAILROAD IS
REORGANIZABLE ON AN INCOME BASIS WITHIN A REASONABLE TIME UNDER SECTION
77 OF THE BANKRUPTCY ACT (11 U.S.C. 205) AND THAT THE PUBLIC INTEREST
WOULD BE BETTER SERVED BY CONTINUING THE PRESENT REORGANIZATION
PROCEEDINGS THAN BY A REORGANIZATION UNDER THIS ACT. //49 STAT. 911;
76 STAT. 572.// WITHIN 60 DAYS AFTER THE SUBMISSION OF THE REPORT BY THE
OFFICE, UNDER SECTION 205 (D) (1) OF THIS TITLE, ON THE SECRETARY'S
REPORT ON RAIL SERVICES IN THE REGION, EACH UNITED STATES DISTRICT COURT
OR OTHER COURT HAVING JURISDICTION OVER A RAILROAD IN REORGANIZATION
SHALL DECIDE WHETHER OR NOT SUCH RAILROAD SHALL BE REORGANIZED BY MEANS
OF TRANSFERRING SOME OF ITS RAIL PROPERTIES TO THE CORPORATION PURSUANT
TO THE PROVISIONS OF THIS ACT. BECAUSE OF THE STRONG PUBLIC INTEREST IN
THE CONTINUANCE OF RAIL TRANSPORTATION IN THE REGION PURSUANT TO A
SYSTEM PLAN DEVISED UNDER THE PROVISIONS OF THIS ACT, EACH SUCH COURT
SHALL ORDER THAT THE REORGANIZATION BE PROCEEDED WITH PURSUANT TO THIS
ACT UNLESS IT (1) HAS FOUND THAT THE RAILROAD IS REORGANIZABLE ON AN
INCOME BASIS WITHIN A REASONABLE TIME UNDER SECTION 77 OF THE BANKRUPTCY
ACT (11 U.S.C. 205) AND THAT THE PUBLIC INTEREST WOULD BE BETTER SERVED
BY SUCH A REORGANIZATION THAN BY A REORGANIZATION UNDER THIS ACT, OR (2)
FINDS THAT THIS ACT DOES NOT PROVIDE A PROCESS WHICH WOULD BE FAIR AND
EQUITABLE TO THE ESTATE OF THE RAILROAD IN REORGANIZATION IN WHICH CASE
IT SHALL DISMISS THE REORGANIZATION PROCEEDING. IF A COURT DOES NOT
ENTER AN ORDER OR MAKE A FINDING AS REQUIRED BY THIS SUBSECTION, THE
REORGANIZATION SHALL BE PROCEEDED WITH PURSUANT TO THIS ACT. AN APPEAL
FROM AN ORDER MADE UNDER THIS SECTION MAY BE MADE ONLY TO THE SPECIAL
COURT. APPEAL TO THE SPECIAL COURT SHALL BE TAKEN WITHIN 10 DAYS
FOLLOWING ENTRY OF AN ORDER PURSUANT TO THIS SUBSECTION, AND THE SPECIAL
COURT SHALL COMPLETE ITS REVIEW AND RENDER ITS DECISION WITHIN 80 DAYS
AFTER SUCH APPEAL IS TAKEN. THERE SHALL BE NO REVIEW OF THE DECISION OF
THE SPECIAL COURT.
(C) ADOPTION.--WITHIN 420 DAYS AFTER THE DATE OF ENACTMENT OF THIS
ACT, THE EXECUTIVE COMMITTEE OF THE ASSOCIATION SHALL PREPARE AND SUBMIT
A FINAL SYSTEM PLAN FOR THE APPROVAL OF THE BOARD OF DIRECTORS OF THE
ASSOCIATION. A COPY OF SUCH SUBMISSION SHALL BE SIMULTANEOUSLY
PRESENTED TO THE COMMISSION. THE SUBMISSION SHALL REFLECT EVALUATION OF
ALL RESPONSES AND SUMMARIES OF RESPONSES RECEIVED, TESTIMONY AT ANY
PUBLIC HEARINGS, AND THE RESULTS OF ADDITIONAL STUDY AND REVIEW. WITHIN
30 DAYS THEREAFTER, THE BOARD OF DIRECTORS OF THE ASSOCIATION SHALL BY A
MAJORITY VOTE OF ALL ITS MEMBERS APPROVE A FINAL SYSTEM PLAN WHICH MEETS
ALL OF THE REQUIREMENTS OF SECTION 206 OF THIS TITLE. //ANTE, P. 994.//
(D) REVIEW OF COMMISSION.--WITHIN 30 DAYS FOLLOWING THE ADOPTION OF
THE FINAL SYSTEM PLAN BY THE ASSOCIATION UNDER SUBSECTION (C) OF THIS
SECTION AND THE SUBMISSION OF SUCH PLAN TO CONGRESS UNDER SECTION 208
(A) OF THIS TITLE, THE COMMISSION SHALL SUBMIT TO THE CONGRESS AN
EVALUATION OF THE FINAL SYSTEM PLAN DELIVERED TO BOTH HOUSES OF
CONGRESS.
SEC. 208. (A) GENERAL.--THE BOARD OF DIRECTORS OF THE ASSOCIATION
SHALL DELIVER THE FINAL SYSTEM PLAN ADOPTED BY THE ASSOCIATION TO BOTH
HOUSES OF CONGRESS AND TO THE COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE OF THE HOUSE OF REPRESENTATIVES AND THE COMMITTEE ON COMMERCE
OF THE SENATE. THE FINAL SYSTEM PLAN SHALL BE DEEMED APPROVED AT THE
END OF THE FIRST PERIOD OF 60 CALENDAR DAYS OF CONTINUOUS SESSION OF
CONGRESS AFTER SUCH DATE OF TRANSMITTAL UNLESS EITHER THE HOUSE OF
REPRESENTATIVES OR THE SENATE PASSES A RESOLUTION DURING SUCH PERIOD
STATING THAT IT DOES NOT FAVOR THE FINAL SYSTEM PLAN.
(B) REVISED PLAN.--IF EITHER THE HOUSE OR THE SENATE PASSES A
RESOLUTION OF DISAPPROVAL UNDER SUBSECTION (A) OF THIS SECTION, THE
ASSOCIATION, WITH THE COOPERATION AND ASSISTANCE OF THE SECRETARY AND
THE OFFICE, SHALL PREPARE, DETERMINE, AND ADOPT A REVISED FINAL SYSTEM
PLAN. EACH SUCH REVISED PLAN SHALL BE SUBMITTED TO CONGRESS FOR REVIEW
PURSUANT TO SUBSECTION (A) OF THIS SECTION.
(C) COMPUTATION.--FOR PURPOSES OF THIS SECTION--
(1) CONTINUITY OF SESSION OF CONGRESS IS BROKEN ONLY BY AN
ADJOURNMENT SINE DIE; AND
(2) THE DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF
AN ADJOURNMENT OF MORE THAN 3 DAYS TO A DAY CERTAIN ARE EXCLUDED
IN THE COMPUTATION OF THE 60-DAY PERIOD.
SEC. 209. (A) GENERAL--NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE FINAL SYSTEM PLAN WHICH IS ADOPTED BY THE ASSOCIATION AND WHICH
BECOMES EFFECTIVE AFTER REVIEW BY THE CONGRESS IS NOT SUBJECT TO REVIEW
BY ANY COURT EXCEPT IN ACCORDANCE WITH THIS SECTION. AFTER THE FINAL
SYSTEM PLAN BECOMES EFFECTIVE UNDER SECTION 208 OF THIS TITLE, IT MAY BE
REVIEWED WITH RESPECT TO MATTERS CONCERNING THE VALUE OF THE RAIL
PROPERTIES TO BE CONVEYED UNDER THE PLAN AND THE VALUE OF THE
CONSIDERATION TO BE RECEIVED FOR SUCH PROPERTIES.
(B) SPECIAL COURT.--WITHIN 30 DAYS AFTER THE DATE OF ENACTMENT OF
THIS ACT, THE ASSOCIATION SHALL MAKE APPLICATION TO THE JUDICIAL PANEL
ON MULTI-DISTRICT LITIGATION AUTHORIZED BY SECTION 1407 OF TITLE 28.
UNITED STATES CODE, FOR THE CONSOLIDATION IN A SINGLE, THREE-JUDGE
DISTRICT COURT OF THE UNITED STATES OF ALL JUDICIAL PROCEEDINGS WITH
RESPECT TO THE FINAL SYSTEM PLAN. //82 STAT. 109.// WITHIN 30 DAYS
AFTER SUCH APPLICATION IS RECEIVED, THE PANEL SHALL MAKE THE
CONSOLIDATION IN A DISTRICT COURT (CITED HEREIN AS THE "SPECIAL COURT")
WHICH THE PANEL DETERMINES TO BE CONVENIENT TO THE PARTIES AND THE ONE
MOST LIKELY TO BE ABLE TO CONDUCT ANY PROCEEDINGS UNDER THIS SECTION
WITH THE LEAST DELAY AND THE GREATEST POSSIBLE FAIRNESS AND ABILITY.
SUCH PROCEEDINGS SHALL BE CONDUCTED BY THE SPECIAL COURT WHICH SHALL BE
COMPOSED OF THREE FEDERAL JUDGES WHO SHALL BE SELECTED BY THE PANEL,
EXCEPT THAT NONE OF THE JUDGES SELECTED MAY BE A JUDGE ASSIGNED TO A
PROCEEDING INVOLVING ANY RAILROAD IN REORGANIZATION IN THE REGION UNDER
SECTION 77 OF THE BANKRUPTCY ACT (11 U.S.C. 205). THE SPECIAL COURT IS
AUTHORIZED TO EXERCISE THE POWERS OF A DISTRICT JUDGE IN ANY JUDICIAL
DISTRICT WITH RESPECT TO SUCH PROCEEDINGS AND SUCH POWERS SHALL INCLUDE
THOSE OF A REORGANIZATION COURT. //49 STAT. 911; 76 STAT. 572.// THE
SPECIAL COURT SHALL HAVE THE POWER TO ORDER THE CONVEYANCE OF RAIL
PROPERTIES OF RAILROADS LEASED, OPERATED, OR CONTROLLED BY A RAILROAD IN
REORGANIZATION IN THE REGION. THE PANEL MAY ISSUE RULES FOR THE CONDUCT
OF ITS FUNCTIONS UNDER THIS SUBSECTION. NO DETERMINATION BY THE PANEL
UNDER THIS SUBSECTION MAY BE REVIEWED IN ANY COURT.
(C) DELIVERY OF PLAN TO SPECIAL COURT.--WITHIN 90 DAYS AFTER ITS
EFFECTIVE DATE, THE ASSOCIATION SHALL DELIVER A CERTIFIED COPY OF THE
FINAL SYSTEM PLAN TO THE SPECIAL COURT AND SHALL CERTIFY TO THE SPECIAL
COURT--
(1) WHICH RAIL PROPERTIES OF THE RESPECTIVE RAILROADS IN
REORGANIZATION IN THE REGION AND OF ANY RAILROAD LEASED, OPERATED,
OR CONTROLLED BY SUCH RAILROADS IN REORGANIZATION ARE TO BE
TRANSFERRED TO THE CORPORATION, IN ACCORDANCE WITH THE FINAL
SYSTEM PLAN;
(2) WHICH RAIL PROPERTIES OF THE RESPECTIVE RAILROADS IN
REORGANIZATION IN THE REGION OR RAILROADS LEASED, OPERATED, OR
CONTROLLED BY SUCH RAILROADS IN REORGANIZATION ARE TO BE CONVEYED
TO PROFITABLE RAILROADS, IN ACCORDANCE WITH THE FINAL SYSTEM PLAN;
(3) THE AMOUNT, TERMS, AND VALUE OF THE SECURITIES OF THE
CORPORATION (INCLUDING ANY OBLIGATIONS OF THE ASSOCIATION) TO BE
EXCHANGED FOR THOSE RAIL PROPERTIES TO BE TRANSFERRED TO THE
CORPORATION PURSUANT TO THE FINAL SYSTEM PLAN, AND AS INDICATED IN
PARAGRAPH (1) OF THIS SUBSECTION; AND
(4) THAT THE TRANSFER OF RAIL PROPERTIES IN EXCHANGE FOR
SECURITIES OF THE CORPORATION (INCLUDING ANY OBLIGATIONS OF THE
ASSOCIATION) AND OTHER BENEFITS IS FAIR AND EQUITABLE AND IN THE
PUBLIC INTEREST.
(D) BANKRUPTCY COURTS.--WITHIN 90 DAYS AFTER ITS EFFECTIVE DATE, THE
ASSOCIATION SHALL DELIVER A CERTIFIED COPY OF THE FINAL SYSTEM PLAN TO
EACH DISTRICT COURT OF THE UNITED STATES OR ANY OTHER COURT HAVING
JURISDICTION OVER A RAILROAD IN REORGANIZATION IN THE REGION AND SHALL
CERTIFY TO EACH SUCH COURT--
(1) WHICH RAIL PROPERTIES OF THAT RAILROAD IN REORGANIZATION
ARE TO BE TRANSFERRED TO THE CORPORATION UNDER THE FINAL SYSTEM
PLAN; AND
(2) WHICH RAIL PROPERTIES OF THAT RAILROAD IN REORGANIZATION,
IF ANY, ARE TO BE CONVEYED TO PROFITABLE RAILROADS OPERATING IN
THE REGION, UNDER THE FINAL SYSTEM PLAN.
SEC. 210. (A) GENERAL.--TO CARRY OUT THE PURPOSES OF THIS ACT, THE
ASSOCIATION IS AUTHORIZED TO ISSUE BONDS, DEBENTURES, TRUST
CERTIFICATES, SECURITIES, OR OTHER OBLIGATIONS (HEREIN CITED AS
"OBLIGATIONS") IN ACCORDANCE WITH THIS SECTION. SUCH OBLIGATIONS SHALL
HAVE SUCH MATURITIES AND BEAR SUCH RATE OR RATES OF INTEREST AS ARE
DETERMINED BY THE ASSOCIATION WITH THE APPROVAL OF THE SECRETARY OF THE
TREASURY. SUCH OBLIGATIONS SHALL BE REDEEMABLE AT THE OPTION OF THE
ASSOCIATION PRIOR TO MATURITY IN THE MANNER STIPULATED IN EACH SUCH
OBLIGATION, AND MAY BE PURCHASED BY THE ASSOCIATION IN THE OPEN MARKET
AT A PRICE WHICH IS REASONABLE.
(B) MAXIMUM OBLIGATIONAL AUTHORITY.--EXCEPT AS OTHERWISE PROVIDED IN
THE LAST SENTENCE OF THIS SUBSECTION, THE AGGREGATE AMOUNT OF
OBLIGATIONS OF THE ASSOCIATION ISSUED UNDER THIS SECTION WHICH MAY BE
OUTSTANDING AT ANY ONE TIME SHALL NOT EXCEED $1,500,000,000 OF WHICH THE
AGGREGATE AMOUNT ISSUED TO THE CORPORATION SHALL NOT EXCEED
$1,000,000,000. OF THE AGGREGATE AMOUNT OF OBLIGATIONS ISSUED TO THE
CORPORATION BY THE ASSOCIATION, NOT LESS THAN $500,000,000 SHALL BE
AVAILABLE SOLELY FOR THE REHABILITATION AND MODERNIZATION OF RAIL
PROPERTIES ACQUIRED BY THE CORPORATION UNDER THIS ACT AND NOT DISPOSED
OF BY THE CORPORATION PURSUANT TO SECTION 206 (C) (1) (C) OF THIS ACT.
ANY MODIFICATION TO THE LIMITATIONS SET FORTH IN THIS SUBSECTION SHALL
BE MADE BY JOINT RESOLUTION ADOPTED BY THE CONGRESS.
(C) GUARANTEES.--THE SECRETARY SHALL GUARANTEE THE PAYMENT OF
PRINCIPAL AND INTEREST ON ALL OBLIGATIONS ISSUED BY THE ASSOCIATION IN
ACCORDANCE WITH THIS ACT AND WHICH THE ASSOCIATION REQUESTS BE
GUARANTEED.
(D) VALIDITY.--NO OBLIGATION ISSUED BY THE ASSOCIATION UNDER THIS
SECTION SHALL BE TERMINATED, CANCELED, OR OTHERWISE REVOKED, EXCEPT IN
ACCORDANCE WITH LAWFUL TERMS AND CONDITIONS PRESCRIBED BY THE
ASSOCIATION. SUCH AN OBLIGATION SHALL BE CONCLUSIVE EVIDENCE THAT IT IS
IN COMPLIANCE WITH THIS SECTION, HAS BEEN APPROVED, AND IS LEGAL AS TO
PRINCIPAL, INTEREST, AND OTHER TERMS. AN OBLIGATION OF THE ASSOCIATION
SHALL BE VALID AND INCONTESTABLE IN THE HANDS OF A HOLDER, EXCEPT AS TO
FRAUD, DURESS, MUTUAL MISTAKE OF FACT, OR MATERIAL MISREPRESENTATION BY
OR INVOLVING SUCH HOLDER.
(E) THE SECURITY OF THE TREASURY.--IF AT ANY TIME THE MONEYS
AVAILABLE TO THE SECRETARY ARE INSUFFICIENT TO ENABLE HIM TO DISCHARGE
HIS RESPONSIBILITIES UNDER SUBSECTION (C) OF THIS SECTION, HE SHALL
ISSUE NOTES OR OTHER OBLIGATIONS TO THE SECRETARY OF THE TREASURY IN
SUCH FORMS AND DENOMINATIONS, BEARING SUCH MATURITIES, AND SUBJECT TO
SUCH TERMS AND CONDITIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE
TREASURY. SUCH OBLIGATIONS SHALL BEAR INTEREST AT A RATE TO BE
DETERMINED BY THE SECRETARY OF THE TREASURY TAKING INTO CONSIDERATION
THE CURRENT AVERAGE MARKET YIELD ON OUTSTANDING MARKETABLE OBLIGATIONS
OF THE UNITED STATES OF COMPARABLE MATURITIES DURING THE MONTH PRECEDING
THE ISSUANCE OF SUCH OBLIGATIONS. THE SECRETARY OF THE TREASURY IS
AUTHORIZED AND DIRECTED TO PURCHASE ANY SUCH OBLIGATIONS AND FOR SUCH
PURPOSE IS AUTHORIZED TO USE AS A PUBLIC DEBT TRANSACTION THE PROCEEDS
FROM THE SALE OF ANY SECURITIES ISSUED UNDER THE SECOND LIBERTY BOND
ACT, AS AMENDED. THE PURPOSES FOR WHICH SECURITIES MAY BE ISSUED UNDER
SUCH ACT ARE EXTENDED TO INCLUDE ANY PURCHASE OF NOTES OR OTHER
OBLIGATIONS ISSUED UNDER THIS SUBSECTION. //40 STAT. 288. 31 USC
774.// AT ANY TIME, THE SECRETARY OF THE TREASURY MAY SELL ANY SUCH
OBLIGATIONS, AND ALL SALES, PURCHASES, AND REDEMPTIONS OF SUCH
OBLIGATIONS BY THE SECRETARY OF THE TREASURY SHALL BE TREATED AS PUBLIC
DEBT TRANSACTIONS OF THE UNITED STATES.
(F) AUTHORIZATION FOR APPROPRIATIONS.--THERE ARE HEREBY AUTHORIZED TO
BE APPROPRIATED TO THE SECRETARY SUCH AMOUNTS AS ARE NECESSARY TO
DISCHARGE THE OBLIGATIONS OF THE UNITED STATES ARISING UNDER THIS
SECTION.
(G) LAWFUL INVESTMENTS.--ALL OBLIGATIONS ISSUED BY THE ASSOCIATION
SHALL BE LAWFUL INVESTMENTS AND MAY BE ACCEPTED AS SECURITY FOR ALL
FIDUCIARY, TRUST, AND PUBLIC FUNDS, THE INVESTMENT OR DEPOSIT OF WHICH
SHALL BE UNDER THE AUTHORITY AND CONTROL OF THE UNITED STATES OR ANY
OFFICER OR OFFICERS THEREOF. ALL SUCH OBLIGATIONS ISSUED PURSUANT TO
THIS SECTION SHALL BE EXEMPT SECURITIES WITHIN THE MEANING OF LAWS
ADMINISTERED BY THE SECURITIES AND EXCHANGE COMMISSION.
SEC. 211. (A) GENERAL.--THE ASSOCIATION IS AUTHORIZED, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION AND SUCH RULES AND REGULATIONS AS IT
SHALL PRESCRIBE, TO MAKE LOANS TO THE CORPORATION, THE NATIONAL RAILROAD
PASSENGER CORPORATION, AND OTHER RAILROADS (INCLUDING A RAILROAD IN
REORGANIZATION WHICH HAS BEEN FOUND TO BE REORGANIZABLE UNDER SECTION 77
OF THE BANKRUPTCY ACT PURSUANT TO SECTION 207 (B) OF THIS TITLE) //49
STAT. 911; 76 STAT. 572. 11 USC 205.// IN THE REGION, FOR PURPOSES OF
ASSISTING IN THE IMPLEMENTATION OF THE FINAL SYSTEM PLAN; TO A STATE OR
LOCAL OR REGIONAL TRANSPORTATION AUTHORITY PURSUANT TO SECTION 403 OF
THIS ACT; AND TO PROVIDE ASSISTANCE IN THE FORM OF LOANS TO ANY
RAILROAD WHICH (A) CONNECTS WITH A RAILROAD IN REORGANIZATION, AND (B)
IS IN NEED OF FINANCIAL ASSISTANCE TO AVOID REORGANIZATION PROCEEDINGS
UNDER SECTION 77 OF THE BANKRUPTCY ACT (11 U.S.C. 205). NO SUCH LOAN
SHALL BE MADE BY THE ASSOCIATION TO A RAILROAD UNLESS SUCH LOANS SHALL,
WHERE APPLICABLE, BE TREATED AS AN EXPENSE OF ADMINISTRATION. THE
RIGHTS REFERRED TO IN THE LAST SENTENCE OF SECTION 77 (J) OF THE
BANKRUPTCY ACT (11 U.S.C. 205 (J)) SHALL IN NO WAY BE AFFECTED BY THIS
ACT.
(B) APPLICATIONS.--EACH APPLICATION FOR SUCH A LOAN SHALL BE MADE IN
WRITING TO THE ASSOCIATION IN SUCH FORM AND WITH SUCH CONTENT AND OTHER
SUBMISSIONS AS THE ASSOCIATION SHALL PRESCRIBE TO PROTECT REASONABLY THE
INTERESTS OF THE UNITED STATES. THE ASSOCIATION SHALL PUBLISH A NOTICE
OF THE RECEIPT OF EACH SUCH APPLICATION IN THE FEDERAL REGISTER AND
SHALL AFFORD INTERESTED PERSONS AN OPPORTUNITY TO COMMENT THEREON.
(C) TERMS AND CONDITIONS.--EACH LOAN SHALL BE EXTENDED IN SUCH FORM,
UNDER SUCH TERMS AND CONDITIONS, AND PURSUANT TO SUCH REGULATIONS AS THE
ASSOCIATION DEEMS APPROPRIATE. SUCH LOAN SHALL BEAR INTEREST AT A RATE
NOT LESS THAN THE GREATER OF A RATE DETERMINED BY THE SECRETARY OF THE
TREASURY TAKING INTO CONSIDERATION (1) THE RATE PREVAILING IN THE
PRIVATE MARKET FOR SIMILAR LOANS AS DETERMINED BY THE SECRETARY OF THE
TREASURY, OR (2) THE CURRENT AVERAGE YIELD ON OUTSTANDING MARKETABLE
OBLIGATIONS OF THE ASSOCIATION WITH REMAINING PERIODS OF MATURITY
COMPARABLE TO THE AVERAGE MATURITIES OF SUCH LOANS, PLUS SUCH ADDITIONAL
CHARGE, IF ANY, TOWARD COVERING COSTS OF THE ASSOCIATION AS THE
ASSOCIATION MAY DETERMINE TO BE CONSISTENT WITH THE PURPOSES OF THIS
ACT.
(D) MODIFICATIONS.--THE ASSOCIATION IS AUTHORIZED TO APPROVE ANY
MODIFICATION OF ANY PROVISION OF A LOAN UNDER THIS SECTION, INCLUDING
THE RATE OF INTEREST, TIME OF PAYMENT OF INTEREST OR PRINCIPAL,
SECURITY, OR ANY OTHER TERM OR CONDITION, UPON AGREEMENT OF THE
RECIPIENT OF THE LOAN AND UPON A FINDING BY THE ASSOCIATION THAT SUCH
MODIFICATION IS EQUITABLE AND NECESSARY OR APPROPRIATE TO ACHIEVE THE
POLICY DECLARED IN SUBSECTION (F) OF THIS SECTION.
(E) PREREQUISITES.--THE ASSOCIATION SHALL MAKE A FINDING IN WRITING,
BEFORE MAKING A LOAN TO ANY APPLICANT UNDER THIS SECTION, THAT--
(1) THE LOAN IS NECESSARY TO CARRY OUT THE FINAL SYSTEM PLAN OR
TO PREVENT INSOLVENCY;
(2) IT IS SATISFIED THAT THE BUSINESS AFFAIRS OF THE APPLICANT
WILL BE CONDUCTED IN A REASONABLE AND PRUDENT MANNER; AND
(3) THE APPLICANT HAS OFFERED SUCH SECURITY AS THE ASSOCIATION
DEEMS NECESSARY TO PROTECT REASONABLY THE INTERESTS OF THE UNITED
STATES.
(F) POLICY.--IT IS THE INTENT OF CONGRESS THAT LOANS MADE UNDER THIS
SECTION SHALL BE MADE ON TERMS AND CONDITIONS WHICH FURNISH REASONABLE
ASSURANCE THAT THE CORPORATION OR THE RAILROADS TO WHICH SUCH LOANS ARE
GRANTED WILL BE ABLE TO REPAY THEM WITHIN THE TIME FIXED AND THAT THE
GOALS OF THE FINAL SYSTEM PLAN ARE REASONABLY LIKELY TO BE ACHIEVED.
SEC. 212. (A) RECORDS.--EACH RECIPIENT OF FINANCIAL ASSISTANCE UNDER
THIS TITLE, WHETHER IN THE FORM OF LOANS, OBLIGATIONS, OR OTHER
ARRANGEMENTS, SHALL KEEP SUCH RECORDS AS THE ASSOCIATION OR THE
SECRETARY SHALL PRESCRIBE, INCLUDING RECORDS WHICH FULLY DISCLOSE THE
AMOUNT AND DISPOSITION BY SUCH RECIPIENT OF THE PROCEEDS OF SUCH
ASSISTANCE AND SUCH OTHER RECORDS AS WILL FACILITATE AN EFFECTIVE AUDIT.
(B) AUDIT AND EXAMINATION.--THE ASSOCIATION, THE SECRETARY, AND THE
COMPTROLLER GENERAL OF THE UNITED STATES, OR ANY OF THEIR DULY
AUTHORIZED REPRESENTATIVES SHALL, UNTIL THE EXPIRATION OF 3 YEARS AFTER
THE IMPLEMENTATION OF THE FINAL SYSTEM PLAN, HAVE ACCESS FOR THE PURPOSE
OF AUDIT AND EXAMINATION TO ANY BOOKS, DOCUMENTS, PAPERS, AND RECORDS OF
SUCH RECIPIENTS WHICH IN THE OPINION OF THE ASSOCIATION, THE SECRETARY,
OR THE COMPTROLLER GENERAL MAY BE RELATED OR PERTINENT TO THE LOANS,
OBLIGATIONS OR OTHER ARRANGEMENTS REFERRED TO IN SUBSECTION (A) OF THIS
SECTION. THE ASSOCIATION OR ANY OF ITS DULY AUTHORIZED REPRESENTATIVES
SHALL, UNTIL ANY FINANCIAL ASSISTANCE RECEIVED UNDER THIS TITLE HAS BEEN
REPAID TO THE ASSOCIATION, HAVE ACCESS TO ANY SUCH MATERIALS WHICH
CONCERN ANY MATTER THAT MAY BEAR UPON--
(1) THE ABILITY OF THE RECIPIENT OF SUCH FINANCIAL ASSISTANCE
TO MAKE REPAYMENT WITHIN THE TIME FIXED THEREFOR;
(2) THE EFFECTIVENESS WITH WHICH THE PROCEEDS OF SUCH
ASSISTANCE IS USED; AND
(3) THE IMPLEMENTATION OF THE FINAL SYSTEM PLAN AND THE
REALIZATION OF THE DECLARATION OF POLICY OF THIS ACT.
SEC. 213. (A) EMERGENCY ASSISTANCE.--THE SECRETARY IS AUTHORIZED,
PENDING THE IMPLEMENTATION OF THE FINAL SYSTEM PLAN, TO PAY TO THE
TRUSTEES OF RAILROADS IN REORGANIZATION SUCH SUMS AS ARE NECESSARY FOR
THE CONTINUED PROVISION OF ESSENTIAL TRANSPORTATION SERVICES BY SUCH
RAILROADS. SUCH PAYMENTS SHALL BE MADE BY THE SECRETARY UPON SUCH
REASONABLE TERMS AND CONDITIONS AS THE SECRETARY ESTABLISHES, EXCEPT
THAT RECIPIENTS MUST AGREE TO MAINTAIN AND PROVIDE SERVICE AT A LEVEL NO
LESS THAN THAT IN EFFECT ON THE DATE OF ENACTMENT OF THIS ACT.
(B) AUTHORIZATION FOR APPROPRIATIONS.--THERE ARE AUTHORIZED TO BE
APPROPRIATED TO THE SECRETARY FOR CARRYING OUT THIS SECTION SUCH SUMS AS
ARE NECESSARY, NOT TO EXCEED $85,000,000, TO REMAIN AVAILABLE UNTIL
EXPENDED.
SEC. 214. (A) SECRETARY.--THERE ARE AUTHORIZED TO BE APPROPRIATED TO
THE SECRETARY FOR PURPOSES OF PREPARING THE REPORTS AND EXERCISING OTHER
FUNCTIONS TO BE PERFORMED BY HIM UNDER THIS ACT SUCH SUMS AS ARE
NECESSARY, NOT TO EXCEED $12,500,000, TO REMAIN AVAILABLE UNTIL
EXPENDED.
(B) OFFICE.--THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE
COMMISSION FOR THE USE OF THE OFFICE IN CARRYING OUT ITS FUNCTIONS UNDER
THIS ACT SUCH SUMS AS ARE NECESSARY, NOT TO EXCEED $5,000,000, TO REMAIN
AVAILABLE UNTIL EXPENDED. THE BUDGET FOR THE OFFICE SHALL BE SUBMITTED
BY THE COMMISSION DIRECTLY TO THE CONGRESS AND SHALL NOT BE SUBJECT TO
REVIEW OF ANY KIND BY ANY OTHER AGENCY OR OFFICIAL OF THE UNITED STATES.
MONEYS APPROPRIATED FOR THE OFFICE SHALL NOT BE WITHHELD BY ANY AGENCY
OR OFFICIAL OF THE UNITED STATES OR USED BY THE COMMISSION FOR ANY
PURPOSE OTHER THAN THE USE OF THE OFFICE. NO PART OF ANY OTHER MONEYS
APPROPRIATED TO THE COMMISSION SHALL BE WITHHELD BY ANY OTHER AGENCY OR
OFFICIAL OF THE UNITED STATES TO OFFSET ANY MONEYS APPROPRIATED PURSUANT
TO THIS SUBSECTION.
(C) ASSOCIATION.--THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE
ASSOCIATION FOR PURPOSES OF CARRYING OUT ITS ADMINISTRATIVE EXPENSES
UNDER THIS ACT SUCH SUMS AS ARE NECESSARY, NOT TO EXCEED $26,000,000, TO
REMAIN AVAILABLE UNTIL EXPENDED.
SEC. 215. PRIOR TO THE DATE UPON WHICH RAIL PROPERTIES ARE CONVEYED
TO THE CORPORATION UNDER THIS ACT, THE SECRETARY, WITH THE APPROVAL OF
THE ASSOCIATION, IS AUTHORIZED TO ENTER INTO AGREEMENTS WITH RAILROADS
IN REORGANIZATION IN THE REGION (OR RAILROADS LEASED, OPERATED, OR
CONTROLLED BY RAILROADS IN REORGANIZATION) FOR THE ACQUISITION,
MAINTENANCE, OR IMPROVEMENT OF RAILROAD FACILITIES AND EQUIPMENT
NECESSARY TO IMPROVE PROPERTY THAT WILL BE IN THE FINAL SYSTEM PLAN.
AGREEMENTS ENTERED INTO PURSUANT TO THIS SECTION SHALL SPECIFICALLY
IDENTIFY THE TYPE AND QUALITY OF IMPROVEMENTS TO BE MADE PURSUANT TO
SUCH AGREEMENTS. //ANTE, P. 1000.// NOTWITHSTANDING SECTION 210 (B) OF
THIS TITLE, THE ASSOCIATION SHALL ISSUE OBLIGATIONS UNDER SECTION 210
(A) OF THIS TITLE IN AN AMOUNT SUFFICIENT TO FINANCE SUCH AGREEMENTS AND
SHALL REQUIRE THE CORPORATION TO ASSUME ANY SUCH OBLIGATIONS. HOWEVER,
THE ASSOCIATION MAY NOT ISSUE OBLIGATIONS UNDER THIS SECTION IN AN
AGGREGATE AMOUNT IN EXCESS OF $150,000,000. THE SECRETARY MAY NOT ENTER
INTO ANY AGREEMENTS UNDER THIS SECTION UNTIL HE ISSUES REGULATIONS
SETTING FORTH PROCEDURES AND GUIDELINES FOR THE ADMINISTRATION OF THIS
SECTION. THE CORPORATION SHALL NOT BE REQUIRED UNDER TITLE III OF THIS
ACT TO COMPENSATE ANY RAILROAD IN REORGANIZATION FOR THAT PORTION OF THE
VALUE OF RAIL PROPERTIES TRANSFERRED TO IT UNDER THIS ACT WHICH IS
ATTRIBUTABLE TO THE ACQUISITION, MAINTENANCE, OR IMPROVEMENT OF SUCH
PROPERTIES UNDER THIS SECTION.
PUBLIC LAW 93-235; 87 STAT. 984
EXTENDING THE DATES FOR THE TRANSMISSION OF THE 1974 ECONOMIC
REPORT AND THE REPORT OF THE JOINT ECONOMIC COMMITTEE. //87 STAT.
984//
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) NOTWITHSTANDING THE
PROVISIONS OF SECTION 3 (A) OF THE EMPLOYMENT ACT OF 1946 (15 U.S.C.
1022 (A)), THE PRESIDENT SHALL TRANSMIT THE 1974 ECONOMIC REPORT TO THE
CONGRESS NOT LATER THAN FEBRUARY 1, 1974, AND (B) NOTWITHSTANDING THE
PROVISIONS OF CLAUSE (3) OF SECTION 5 (B) OF SUCH ACT (15 U.S.C. 1024
(B)), THE JOINT ECONOMIC COMMITTEE SHALL FILE ITS REPORT ON THE
PRESIDENT'S 1974 ECONOMIC REPORT WITH THE SENATE AND THE HOUSE OF
REPRESENTATIVES NOT LATER THAN MARCH 13, 1974. //60 STAT. 24; 70 STAT.
289. 62 STAT. 16.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 119 (1973):
DEC. 19, CONSIDERED AND PASSED SENATE. DEC. 20, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-234; 87 STAT. 975, FLOOD DISASTER PROTECTION ACT OF
1973
TO EXPAND THE NATIONAL FLOOD INSURANCE PROGRAM BY SUBSTANTIALLY
INCREASING LIMITS OF COVERAGE AND TOTAL AMOUNT OF INSURANCE
AUTHORIZED TO BE OUTSTANDING AND BY REQUIRING KNOWN FLOOD-PRONE
COMMUNITIES TO PARTICIPATE IN THE PROGRAM, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "FLOOD DISASTER PROTECTION ACT OF 1973".
SEC. 2. (A) THE CONGRESS FINDS THAT--
(1) ANNUAL LOSSES THROUGHOUT THE NATION FROM FLOODS AND
MUDSLIDES ARE INCREASING AT AN ALARMING RATE, LARGELY AS A RESULT
OF THE ACCELERATING DEVELOPMENT OF, AND CONCENTRATION OF
POPULATION IN, AREAS OF FLOOD AND MUDSLIDE HAZARDS;
(2) THE AVAILABILITY OF FEDERAL LOANS, GRANTS, GUARANTIES,
INSURANCE, AND OTHER FORMS OF FINANCIAL ASSISTANCE ARE OFTEN
DETERMINING FACTORS IN THE UTILIZATION OF LAND AND THE LOCATION
AND CONSTRUCTION OF PUBLIC AND OF PRIVATE INDUSTRIAL, COMMERCIAL,
AND RESIDENTIAL FACILITIES;
(3) PROPERTY ACQUIRED OR CONSTRUCTED WITH GRANTS OR OTHER
FEDERAL ASSISTANCE MAY BE EXPOSED TO RISK OF LOSS THROUGH FLOODS,
THUS FRUSTRATING THE PURPOSE FOR WHICH SUCH ASSISTANCE WAS
EXTENDED;
(4) FEDERAL INSTRUMENTALITIES INSURE OR OTHERWISE PROVIDE
FINANCIAL PROTECTION TO BANKING AND CREDIT INSTITUTIONS WHOSE
ASSETS INCLUDE A SUBSTANTIAL NUMBER OF MORTGATE LOANS AND OTHER
INDEBTEDNESS SECURED BY PROPERTY EXPOSED TO LOSS AND DAMAGE FROM
FLOODS AND MUDSLIDES;
(5) THE NATION CANNOT AFFORD THE TRAGIC LOSSES OF LIFE CAUSED
ANNUALLY BY FLOOD OCCURRENCES; NOR THE INCREASING LOSSES OF
PROPERTY SUFFERED BY FLOOD VICTIMS, MOST OF WHOM ARE STILL
INADEQUATELY COMPENSATED DESPITE THE PROVISION OF COSTLY DISASTER
RELIEF BENEFITS; //87 STAT. 976// AND
(6) IT IS IN THE PUBLIC INTEREST FOR PERSONS ALREADY LIVING IN
FLOOD-PRONE AREAS TO HAVE BOTH AN OPPORTUNITY TO PURCHASE FLOOD
INSURANCE AND ACCESS TO MORE ADEQUATE LIMITS OF COVERAGE, SO THAT
THEY WILL BE INDEMNIFIED FOR THEIR LOSSES IN THE EVENT OF FUTURE
FLOOD DISASTERS.
(B) THE PURPOSE OF THIS ACT, THEREFORE, IS TO--
(1) SUBSTANTIALLY INCREASE THE LIMITS OF COVERAGE AUTHORIZED
UNDER THE NATIONAL FLOOD INSURANCE PROGRAM;
(2) PROVIDE FOR THE EXPEDITIOUS IDENTIFICATION OF, AND THE
DISEMINATION OF INFORMATION CONCERNING, FLOOD-PRONE AREAS;
(3) REQUIRE STATES OR LOCAL COMMUNITIES, AS A CONDITION OF
FUTURE FEDERAL FINANCIAL ASSISTANCE, TO PARTICIPATE IN THE FLOOD
INSURANCE PROGRAM AND TO ADOPT ADEQUATE FLOOD PLAIN ORDINANCES
WITH EFFECTIVE ENFORCEMENT PROVISIONS CONSISTENT WITH FEDERAL
STANDARDS TO REDUCE OR AVOID FUTURE FLOOD LOSSES; AND
(4) REQUIRE THE PURCHASE OF FLOOD INSURANCE BY PROPERTY OWNERS
WHO ARE BEING ASSISTED BY FEDERAL PROGRAMS OR BY FEDERALLY
SUPERVISED, REGULATED, OR INSURED AGENCIES OR INSTITUTIONS IN THE
ACQUISITION OR IMPROVEMENT OF LAND OR FACILITIES LOCATED OR TO BE
LOCATED IN IDENTIFIED AREAS HAVING SPECIAL FLOOD HAZARDS.
SEC. 3. (A) AS USED IN THIS ACT, UNLESS THE CONTEXT OTHERWISE
REQUIRES, THE TERM--
(1) "COMMUNITY" MEANS A STATE OR A POLITICAL SUBDIVISION
THEREOF WHICH HAS ZONING AND BUILDING CODE JURISDICTION OVER A
PARTICULAR AREA HAVING SPECIAL FLOOD HAZARDS;
(2) "FEDERAL AGENCY" MEANS ANY DEPARTMENT, AGENCY, CORPORATION,
OR OTHER ENTITY OR INSTRUMENTALITY OF THE EXECUTIVE BRANCH OF THE
FEDERAL GOVERNMENT, AND INCLUDES THE FEDERAL NATIONAL MORTGAGE
ASSOCIATION AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION;
(3) "FINANCIAL ASSISTANCE" MEANS ANY FORM OF LOAN, GRANT,
GUARANTY, INSURANCE, PAYMENT, REBATE, SUBSIDY, DISASTER ASSISTANCE
LOAN OR GRANT, OR ANY OTHER FORM OF DIRECT OR INDIRECT FEDERAL
ASSISTANCE, OTHER THAN GENERAL OR SPECIAL REVENUE SHARING OR
FORMULA GRANTS MADE TO STATES; //87 STAT. 976//
(4) "FINANCIAL ASSISTANCE FOR ACQUISITION OR CONSTRUCTION
PURPOSES" MEANS ANY FORM OF FINANCIAL ASSISTANCE WHICH IS INTENDED
IN WHOLE OR IN PART FOR THE ACQUISITION, CONSTRUCTION,
RECONSTRUCTION, REPAIR, //87 STAT. 977// OR IMPROVEMENT OF ANY
PUBLICLY OR PRIVATELY OWNED BUILDING OR MOBILE HOME, AND FOR ANY
MACHINERY, EQUIPMENT, FIXTURES, AND FURNISHINGS CONTAINED OR TO BE
CONTAINED THEREIN, AND SHALL INCLUDE THE PURCHASE OR SUBSIDIZATION
OF MORTGAGES OR MORTGAGE LOANS BUT SHALL EXCLUCE ASSISTANCE FOR
EMERGENCY WORK ESSENTIAL FOR THE PROTECTION AND PRESERVATION OF
LIFE AND PROPERTY PERFORMED PURSUANT TO THE DISASTER RELIEF ACT OF
1970 OR ANY SUBSEQUENT ACT OF CONGRESS WHICH SUPERSEDES OR
MODIFIED THE DISASTER RELIEF ACT OF 1970; //84 STAT. 1744. 42
USC 4401 NOTE.//
(5) "FEDERAL INSTRUMENTALITY RESPONSIBLE FOR THE SUPERVISION,
APPROVAL, REGULATION, OR INSURING OF BANKS, SAVINGS AND LOAN
ASSOCIATIONS, OR SIMILAR INST'TUTIONS" MEANS THE BOARD OF
GOVERNORS OF THE FEDERAL RESERVE SYSTEM, 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; AND
(6) "SECRETARY" MEANS THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT.
(B) THE SECRETARY IS AUTHORIZED TO DEFINE OR REDEFINE, BY RULES AND
REGULATIONS, ANY SCIENTIFIC OR TECHNICAL TERM USED IN THIS ACT, INSOFAR
AS SUCH DEFINITION IS NOT INCONSISTENT WITH THE PURPOSES OF THIS ACT.
SEC. 101. (A) SECTION 1306 (B) (1) (A) OF THE NATIONAL FLOOD
INSURANCE ACT OF 1968 IS AMENDED TO READ AS FOLLOWS: //82 STAT. 575.
42 USC 4013.//
"(A) IN THE CASE OF RESIDENTIAL PROPERTIES--
"(I) $35,000 AGGREGATE LIABILITY FOR ANY SINGLE-FAMILY
DWELLING, AND $100,000 FOR ANY RESIDENTIAL STRUCTURE CONTAINING
MORE THAN ONE DWELLING UNIT,
"(II) $10,000 AGGREGATE LIABILITY PER DWELLING UNIT FOR ANY
CONTENTS RELATED TO SUCH UNIT, AND
"(III) IN THE STATES OF ALASKA AND HAWAII, AND IN THE VIRGIN
ISLANDS AND GUAM, THE LIMITS PROVIDED IN CLAUSE (I) OF THIS
SENTENCE SHALL BE: $50,000 AGGREGATE LIABILITY FOR ANY
SINGLE-FAMILY DWELLING, AND $150,000 FOR ANY RESIDENTIAL STRUCTURE
CONTAINING MORE THAN ONE DWELLING UNIT;".
(B) SECTION 1306 (B) (1) (B) OF SUCH ACT IS AMENDED BY STRIKING OUT
"$30,000" AND "$5,000" WHEREVER THEY APPEAR AND INSERTING IN LIEU
THEREOF "$100,000". //82 STAT. 575. 42 USC 4013.//
(C) SECTION 1306 (B) (1) (C) OF SUCH ACT IS AMENDED TO READ AS
FOLLOWS: //85 STAT. 775.//
"(C) IN THE CASE OF CHURCH PROPERTIES AND ANY OTHER PROPERTIES
WHICH MAY BECOME ELIGIBLE FOR FLOOD INSURANCE UNDER SECTION 1305--
"(I) $100,000 AGGREGATE LIABILITY FOR ANY SINGLE STRUCTURE, AND
"(II) $100,000 AGGREGATE LIABILITY PER UNIT FOR ANY CONTENTS
RELATED TO SUCH UNIT; AND." //83 STAT. 397. 42 USC 4012.//
SEC. 102. (A) AFTER THE EXPIRATION OF SIXTY DAYS FOLLOWING THE DATE
OF ENACTMENT OF THIS ACT, NO FEDERAL OFFICER OR AGENCY SHALL APPROVE ANY
FINANCIAL ASSISTANCE FOR ACQUISITION OR CONSTRUCTION PURPOSES FOR USE IN
ANY AREA THAT HAS BEEN IDENTIFIED BY THE SECRETARY AS AN AREA HAVING
SPECIAL FLOOD HAZARDS AND IN WHICH THE SALE OF FLOOD INSURANCE HAS BEEN
MADE AVAILABLE UNDER THE NATIONAL FLOOD INSURANCE ACT OF 1968, UNLESS
THE BUILDING OR MOBILE HOME AND ANY PERSONAL PROPERTY TO WHICH SUCH
FINANCIAL ASSISTANCE RELATES IS, DURING THE ANTICIPATED ECONOMIC OR
USEFUL LIFE OF THE PROJECT, COVERED BY FLOOD INSURANCE IN AN AMOUNT AT
LEAST EQUAL TO ITS DEVELOPMENT OR PROJECT COST (LESS ESTIMATED LAND
COST) OR TO THE MAXIMUM LIMIT OF COVERAGE MADE AVAILABLE WITH RESPECT TO
THE PARTICULAR TYPE OF PROPERTY UNDER THE NATIONAL FLOOD INSURANCE ACT
OF 1968, WHICHEVER IS LESS: PROVIDED, THAT IF THE FINANCIAL ASSISTANCE
PROVIDED IS IN THE FORM OF A LOAN OR AN INSURANCE OR GUARANTY OF A LOAN,
THE AMOUNT OF FLOOD INSURANCE REQUIRED NEED NOT EXCEED THE OUTSTANDING
PRINCIPAL BALANCE OF THE LOAN AND NEED NOT BE REQUIRED BEYOND THE TERM
OF THE LOAN. //82 STAT. 572. 42 USC 4001.//
(B) EACH FEDERAL INSTRUMENTALITY RESPONSIBLE FOR THE SUPERVISION,
APPROVAL, REGULATION, OR INSURING OF BANKS, SAVINGS AND LOAN
ASSOCIATIONS, OR SIMILAR INSTITUTIONS SHALL BY REGULATION DIRECT SUCH
INSTITUTIONS NOT TO MAKE, INCREASE, EXTEND, OR RENEW AFTER THE
EXPIRATION OF SIXTY DAYS FOLLOWING THE DATE OF ENACTMENT OF THIS ACT ANY
LOAN SECURED BY IMPROVED REAL ESTATE OR A MOBILE HOME LOCATED OR TO BE
LOCATED IN AN AREA THAT HAS BEEN IDENTIFIED BY THE SECRETARY AS AN AREA
HAVING SPECIAL FLOOD HAZARDS AND IN WHICH FLOOD INSURANCE HAS BEEN MADE
AVAILABLE UNDER THE NATIONAL FLOOD INSURANCE ACT OF 1968, UNLESS THE
BUILDING OR MOBILE HOME AND ANY PERSONAL PROPERTY SECURING SUCH LOAN IS
COVERED FOR THE TERM OF THE LOAN BY FLOOD INSURANCE IN AN AMOUNT AT
LEAST EQUAL TO THE OUTSTANDING PRINCIPAL BALANCE OF THE LOAN OR TO THE
MAXMIMUM LIMIT OF COVERAGE MADE AVAILABLE WITH RESPECT TO THE PARTICULAR
TYPE OF PROPERTY UNDER THE ACT, WHICHEVER IS LESS.
(C) NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SECTION, FLOOD
INSURANCE SHALL NOT BE REQUIRED ON ANY STATE-OWNED PROPERTY THAT IS
COVERED UNDER AN ADEQUATE STATE POLICY OF SELF-INSURANCE SATISFACTORY TO
THE SECRETARY. THE SECRETARY SHALL PUBLISH AND PERIODICALLY REVISE THE
LIST OF STATES TO WHICH THIS SUBSECTION APPLIES.
SEC. 103. SECTION 1308 OF THE NATIONAL FLOOD INSURANCE ACT OF 1968
IS AMENDED BY STRIKING OUT SUBSECTION (C) AND INSERTING IN LIEU THEREOF
THE FOLLOWING NEW SUBSECTION: //82 STAT. 576. 42 USC 4015.//
"(C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, THE
CHARGEABLE RATE WITH RESPECT TO ANY PROPERTY, THE CONSTRUCTION OR
SUBSTANTIAL IMPROVEMENT OF WHICH THE SECRETARY DETERMINES HAS BEEN
STARTED AFTER DECEMBER 31, 1974, OR THE EFFECTIVE DATE OF THE INITIAL
RATE MAP PUBLISHED BY THE SECRETARY UNDER PARAGRAPH (2) OF SECTION 1360
FOR THE AREA IN WHICH SUCH PROPERTY IS LOCATED, WHICHEVER IS LATER,
SHALL NOT BE LESS THAN THE APPLICABLE ESTIMATED RISK PREMIUM RATE FOR
SUCH AREA (OR SUBDIVISION THEREOF) UNDER SECTION 1307 (A) (1).". //82
STAT. 587. 42 USC 4101. 42 USC 4014.//
SEC. 104. SECTION 1309 (A) OF THE NATIONAL FLOOD INSURANCE ACT OF
1968 IS AMENDED BY STRIKING OUT ALL AFTER THE SEMICOLON AND INSERTING IN
LIEU THEREOF THE FOLLOWING: "EXCEPT THAT THE TOTAL AMOUNT OF NOTES AND
OBLIGATIONS WHICH MAY BE ISSUED BY THE SECRETARY PURSUANT TO SUCH
AUTHORITY (1) WITHOUT THE APPROVAL OF THE PRESIDENT, MAY NOT EXCEED
$500,000,000, AND (2) WITH THE APPROVAL OF THE PRESIDENT, MAY NOT EXCEED
$1,000,000,000. THE SECRETARY SHALL REPORT TO THE COMMITTEE ON BANKING
AND CURRENCY OF THE HOUSE OF REPRESENTATIVES AND THE COMMITTEE ON
BANKING, HOUSING AND URBAN AFFAIRS OF THE SENATE AT ANY TIME WHEN HE
REQUESTS THE APPROVAL OF THE PRESIDENT IN ACCORDANCE WITH THE PRECEDING
SENTENCE.". //82 STAT. 577. 42 USC 4016.//
SEC. 105. SECTION 1319 OF THE NATIONAL FLOOD INSURANCE ACT OF 1968
IS AMENDED TO READ AS FOLLOWS: //82 STAT. 581. 42 USC 4026.//
"SEC. 1319. NO NEW CONTRACT FOR FLOOD INSURANCE UNDER THIS TITLE
SHALL BE ENTERED INTO AFTER JUNE 30, 1977.".
SEC. 106. SUBSECTION (A) OF SECTION 1336 OF THE NATIONAL FLOOD
INSURANCE ACT OF 1968 IS AMENDED BY STRIKING THE DATE "DECEMBER 31,
1973" AND INSERTING IN LIEU THEREOF "DECEMBER 31, 1975". //83 STAT.
396; 85 STAT. 775. 42 USC 4056.//
SEC. 107. SECTION 1370 (B) OF THE NATIONAL FLOOD INSURANCE ACT OF
1968 IS AMENDED BY INSERTING "PROXIMATELY" BEFORE "CAUSED". //82 STAT.
588; 83 STAT. 397. 42 USC 4121.//
SEC. 108. (A) SECTION 1302 OF THE NATIONAL FLOOD INSURANCE ACT OF
1968 IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SUBSECTION: //42 USC 4001.//
"(G) THE CONGRESS ALSO FINDS THAT (1) THE DAMAGE AND LOSS WHICH MAY
RESULT FROM THE EROSION AND UNDERMINING OF SHORELINES BY WAVES OR
CURRENTS IN LAKES AND OTHER BODIES OF WATER EXCEEDING ANTICIPATED
CYCLICAL LEVELS IS RELATED IN CAUSE AND SIMILAR IN EFFECT TO THAT WHICH
RESULTS DIRECTLY FROM STORMS, DELUGES, OVERFLOWING WATERS, AND OTHER
FORMS OF FLOODING, AND (2) THE PROBLEMS INVOLVED IN PROVIDING PROTECTION
AGAINST THIS DAMAGE ANDLOSS, AND THE POSSIBILITIES FOR MAKING SUCH
PROTECTION AVAILABLE THROUGH A FEDERAL OR FEDERALLY SPONSORED PROGRAM,
ARE SIMILAR TO THOSE WHICH EXIST IN CONNECTION WITH EFFORTS TO PROVIDE
PROTECTION AGAINST DAMAGE AND LOSS CAUSED BY SUCH OTHER FORMS OF
FLOODING. IT IS THEREFORE THE FURTHER PURPOSE OF THIS TITLE TO MAKE
AVAILABLE, BY MEANS OF THE METHODS, PROCEDURES, AND INSTRUMENTALITIES
WHICH ARE OTHERWISE ESTABLISHED OR AVAILABLE UNDER THIS TITLE FOR
PURPOSES OF THE FLOOD INSURANCE PROGRAM, PROTECTION AGAINST DAMAGE AND
LOSS RESULTING FROM THE EROSION AND UNDERMINING OF SHORELINES BY WAVES
OR CURRENTS IN LAKES AND OTHER BODIES OF WATER EXCEEDING ANTICIPATED
CYCLICAL LEVELS.?.
(B) SECTION 1370 OF SUCH ACT IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SUBSECTION: //82 STAT. 588; 83 STAT. 397. 42 USC
4121.//
"(C) THE TERM 'FLOOD' SHALL ALSO INCLUDE THE COLLAPSE OR SUBSIDENCE
OF LAND ALONG THE SHORE OF A LAKE OR OTHER BODY OF WATER AS A RESULT OF
EROSION OR UNDERMINING CAUSED BY WAVES OR CURRENTS OF WATER EXCEEDING
ANTICIPATED CYCLICAL LEVELS, AND ALL OF THE PROVISIONS OF THIS TITLE
SHALL APPLY WITH RESPECT TO SUCH COLLAPSE OR SUBSIDENCE IN THE SAME
MANNER AND TO THE SAME EXTENT AS WITH RESPECT TO FLOODS DESCRIBED IN
PARAGRAPH (1), SUBJECT TO AND IN ACCORDANCE WITH SUCH REGULATIONS,
MODIFYING THE PROVISIONS OF THIS TITLE (INCLUDING THE PROVISIONS
RELATING TO LAND MANAGEMENT AND USE) TO THE EXTENT NECESSARY TO INSURE
THAT THEY CAN BE EFFECTIVELY SO APPLIED, AS THE SECRETARY MAY PRESCRIBE
TO ACHIEVE (WITH RESPECT TO SUCH COLLAPSE OF SUBSIDENCE) THE PURPOSES OF
THIS TITLE AND THE OBJECTIVES OF THE PROGRAM.".
SEC. 109. SECTION 1307 OF THE NATIONAL FLOOD INSURANCE ACT OF 1968
IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
//82 STAT. 576. 42 USC 4014.//
"(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY STRUCTURE
EXISTING ON THE DATE OF ENACTMENT OF THE FLOOD DISASTER PROTECTION ACT
OF 1973 AND LOCATED WITHIN AVOYELLES, EVANGELINE, RAPIDES, OR SAINT
LANDRY PARISH IN THE STATE OF LOUISIANA, WHICH THE SECRETARY DETERMINES
IS SUBJECT TO ADDITIONAL FLOOD HAZARDS AS A RESULT OF THE CONSTRUCTION
OR OPERATION OF THE ATCHAFALAYA BASIN LEVEE SYSTEM, SHALL BE ELIGIBLE
FOR FLOOD INSURANCE UNDER THIS TITLE (IF AND TO THE EXTENT IT IS
ELIGIBLE FOR SUCH INSURANCE UNDER THE OTHER PROVISIONS OF THIS TITLE) AT
PREMIUM RATES THAT SHALL NOT EXCEED THOSE WHICH WOULD BE APPLICABLE IF
SUCH ADDITIONAL HAZARDS DID NOT EXIST.". //ANTE, P. 975.//
SEC. 110. CHAPTER III OF THE NATIONAL FLOOD INSURANCE ACT OF 1968 IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION: //82
STAT. 587. 42 USC 4101.//
"SEC. 1363. (A) IN ESTABLISHING PROJECTED FLOOD ELEVATIONS FOR LAND
USE PURPOSES WITH RESPECT TO ANY COMMUNITY PURSUANT TO SECTION 1361, THE
SECRETARY SHALL FIRST PROPOSE SUCH DETERMINATIONS BY PUBLICATION FOR
COMMENT IN THE FEDERAL REGISTER, BY DIRECT NOTIFICATION TO THE CHIEF
EXECUTIVE OFFICER OF THE COMMUNITY, AND BY PUBLICATION IN A PROMINENT
LOCAL NEWSPAPER. //42 USC 4102.//
"(B) THE SECRETARY SHALL PUBLISH NOTIFICATION OF FLOOD ELEVATION
DETERMINATIONS IN A PROMINENT LOCAL NEWSPAPER AT LEAST TWICE DURING THE
TEN-DAY PERIOD FOLLOWING NOTIFICATION TO THE LOCAL GOVERNMENT. DURING
THE NINETY-DAY PERIOD FOLLOWING THE SECOND PUBLICATION, ANY OWNER OR
LESSEE OF REAL PROPERTY WITHIN THE COMMUNITY WHO BELIEVES HIS PROPERTY
RIGHTS TO BE ADVERSELY AFFECTED BY THE SECRETARY'S PROPOSED
DETERMINATION MAY APPEAL SUCH DETERMINATION TO THE LOCAL GOVERNMENT.
THE SOLE BASIS FOR SUCH APPEAL SHALL BE THE POSSESSION OF KNOWLEDGE OR
INFORMATION INDICATING THAT THE ELEVATIONS BEING PROPOSED BY THE
SECRETARY WITH RESPECT TO AN IDENTIFIED AREA HAVING SPECIAL FLOOD
HAZARDS ARE SCIENTIFICALLY OR TECHNICALLY INCORRECT, AND THE SOLE RELIEF
WHICH SHALL BE GRANTED UNDER THE AUTHORITY OF THIS SECTION IN THE EVENT
THAT SUCH APPEAL IS SUSTAINED IN ACCORDANCE WITH SUBSECTION (E) OR (F)
IS A MODIFICATION OF THE SECRETARY'S PROPOSED DETERMINATION ACCORDINGLY.
"(C) APPEALS BY PRIVATE PERSONS SHALL BE MADE TO THE CHIEF EXECUTIVE
OFFICER OF THE COMMUNITY, OR TO SUCH AGENCY AS HE SHALL PUBLICLY
DESIGNATE, AND SHALL SET FORTH THE DATA THAT TEND TO NEGATE OR
CONTRADICT THE SECRETARY'S FINDING IN SUCH FORM AS THE CHIEF EXECUTIVE
OFFICER MAY SPECIFY. THE COMMUNITY SHALL REVIEW AND CONSOLIDATE ALL
SUCH APPEALS AND ISSUE A WRITTEN OPINION STATING WHETHER THE EVIDENCE
PRESENTED IS SUFFICIENT TO JUSTIFY AN APPEAL ON BEHALF OF SUCH PERSONS
BY THE COMMUNITY IN ITS OWN NAME. WHETHER OR NOT THE COMMUNITY DECIDES
TO APPEAL THE SECRETARY'S DETERMINATION, COPIES OF INDIVIDUAL APPEALS
SHALL BE SENT TO THE SECRETARY AS THEY ARE RECEIVED BY THE COMMUNITY,
AND THE COMMUNITY'S APPEAL OR A COPY OF ITS DECISION NOT TO APPEAL SHALL
BE FILED WITH THE SECRETARY NOT LATER THAN NINETY DAYS AFTER THE DATE OF
THE SECOND NEWSPAPER PUBLICATION OF THE SECRETARY'S NOTIFICATION.
"(D) IN THE EVENT THE SECRETARY DOES NOT RECEIVE AN APPEAL FROM THE
COMMUNITY WITHIN THE NINETY DAYS PROVIDED, HE SHALL CONSOLIDATE AND
REVIEW ON THEIR OWN MERITS, IN ACCORDANCE WITH THE PROCEDURES SET FORTH
IN SUBSECTION (E), THE APPEALS FILED WITHIN THE COMMUNITY BY PRIVATE
PERSONS AND SHALL MAKE SUCH MODIFICATIONS OF HIS PROPOSED DETERMINATIONS
AS MAY BE APPROPRIATE, TAKING INTO ACCOUNT THE WRITTEN OPINION, IF ANY,
ISSUED BY THE COMMUNITY IN NOT SUPPORTING SUCH APPEALS. THE SECRETARY'S
DECISION SHALL BE IN WRITTEN FORM, AND COPIES THEREOF SHALL BE SENT BOTH
TO THE CHIEF EXECUTIVE OFFICER OF THE COMMUNITY AND TO EACH INDIVIDUAL
APPELLANT.
"(E) UPON APPEAL BY ANY COMMUNITY, AS PROVIDED BY THIS SECTION, THE
SECRETARY SHALL REVIEW AND TAKE FULLY INTO ACCOUNT ANY TECHNICAL OR
SCIENTIFIC DATA SUBMITTED BY THE COMMUNITY THAT TEND TO NEGATE OR
CONTRADICT THE INFORMATION UPON WHICH HIS PROPOSED DETERMINATION IS
BASED. THE SECRETARY SHALL RESOLVE SUCH APPEAL BY CONSULTATION WITH
OFFICIALS OF THE LOCAL GOVERNMENT INVOLVED, BY ADMINISTRATIVE HEARING,
OR BY SUBMISSION OF THE CONFLICTING DATA TO AN INDEPENDENT SCIENTIFIC
BODY OR APPROPRIATE FEDERAL AGENCY FOR ADVICE. UNTIL THE CONFLICT IN
DATA IS RESOLVED, AND THE SECRETARY MAKES A FINAL DETERMINATION ON THE
BASIS OF HIS FINDINGS IN THE FEDERAL REGISTER, AND SO NOTIFIED THE
GOVERNING BODY OF THE COMMUNITY, FLOOD INSURANCE PREVIOUSLY AVAILABLE
WITHIN THE COMMUNITY SHALL CONTINUE TO BE AVAILABLE, AND NO PERSON SHALL
BE DENIED THE RIGHT TO PURCHASE SUCH INSURANCE AT CHARGEABLE RATES. THE
SECRETARY SHALL MAKE HIS DETERMINATION WITHIN A REASONABLE TIME. THE
COMMUNITY SHALL BE GIVEN A REASONABLE TIME AFTER THE SECRETARY'S FINAL
DETERMINATION IN WHICH TO ADOPT LOCAL LAND USE AND CONTROL MEASURES
CONSISTENT WITH THE SECRETARY'S DETERMINATION. THE REPORTS AND OTHER
INFORMATION USED BY THE SECRETARY IN MAKING HIS FINAL DETERMINATION
SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION AND SHALL BE ADMISSIBLE IN
A COURT OF LAW IN THE EVENT THE COMMUNITY SEEKS JUDICIAL REVIEW AS
PROVIDED BY THIS SECTION.
"(F) ANY APPELLANT AGGRIEVED BY ANY FINAL DETERMINATION OF THE
SECRETARY UPON ADMINISTRATIVE APPEAL, AS PROVIDED BY THIS SECTION, MAY
APPEAL SUCH DETERMINATION TO THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT WITHIN WHICH THE COMMUNITY IS LOCATED NOT MORE THAN SIXTY DAYS
AFTER RECEIPT OF NOTICE OF SUCH DETERMINATION. THE SCOPE OF REVIEW BY
THE COURT SHALL BE AS PROVIDED BY CHAPTER 7 OF TITLE 5, UNITED STATES
CODE. DURING THE PENDETCY OF ANY SUCH LITIGATION, ALL FINAL
DETERMINATIONS OF THE SECRETARY SHALL BE EFFECTIVE FOR THE PURPOSES OF
THIS TITLE UNLESS STAYED BY THE COURT FOR GOOD CAUSE SHOWN.". //80
STAT. 392. 5 USC 701.//
SEC. 111. //82 STAT. 583. 42 USC 4054.// SECTION 1334 OF THE
NATIONAL FLOOD INSURANCE ACT OF 1968 IS AMENDED BY STRIKING OUT
SUBSECTION (B) AND BY REDESIGNATING SUBSECTION "(C)" AS SUBSECTION
"(B)".
SEC. 201. (A) NOT LATER THAN SIX MONTHS FOLLOWING THE ENACTMENT OF
THIS TITLE, THE SECRETARY SHALL PUBLISH INFORMATION IN ACCORDANCE WITH
SUBSECTION 1360 (1) OF THE NATIONAL FLOOD INSURANCE ACT OF 1968, AND
SHALL NOTIFY THE CHIEF EXECUTIVE OFFICER OF EACH KNOWN FLOOD-PRONE
COMMUNITY NOT ALREADY PARTICIPATING IN THE NATIONAL FLOOD INSURANCE
PROGRAM OF ITS TENTATIVE IDENTIFICATION AS A COMMUNITY CONTAINING ONE OR
MORE AREAS HAVING SPECIAL FLOOD HAZARDS. //82 STAT. 587. 42 USC
4101.//
(B) AFTER SUCH NOTIFICATION, EACH TENTATIVELY IDENTIFIED COMMUNITY
SHALL EITHER (1) PROMPTLY MAKE PROPER APPLICATION TO PARTICIPRTE IN THE
NATIONAL FLOOD INSURANCE PROGRAM OR (2) WITHIN SIX MONTHS SUBMIT
TECHNICAL DATA SUFFICIENT TO ESTABLISH TO THE SATISFACTION OF THE
SECRETARY THAT THE COMMUNITY EITHER IS NOT SERIOUSLY FLOOD PRONT OR THAT
SUCH FLOOD HAZARDS AS MAY HAVE EXISTED HAVE BEEN CORRECTED BY FLOODWORKS
OR OTHER FLOOD CONTROL METHODS. THE SECRETARY MAY, IN HIS DISCRETION,
GRANT A PUBLIC HEARING TO ANY COMMUNITY WITH RESPECT TO WHICH
CONFLICTING DATA EXIST AS TO THE NATURE AND EXTENT OF A FLOOD HAZARD.
IF THE SECRETARY DECIDES NOT TO HOLD A HEARING, THE COMMUNITY SHALL BE
GIVEN AN OPPORTUNITY TO SUBMIT WRITTEN AND DOCUMENTARY EVIDENCE.
WHETHER OR NOT SUCH HEARING IS GRANTED, THE SECRETARY'S FINAL
DETERMINATION AS TO THE EXISTENCE OR EXTENT OF A FLOOD HAZARD AREA IN A
PARTICULAR COMMUNITY SHALL BE DEEMED CONCLUSIVE FOR THE PURPOSES OF THIS
ACT IF SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE RECORD CONSIDERED AS A
WHOLE.
(C) AS INFORMATION BECOMES AVAILABLE TO THE SECRETARY CONCERNING THE
EXISTENCE OF FLOOD HAZARDS IN COMMUNITIES NOT KNOWN TO BE FLOOD PRONE AT
THE TIME OF THE INITIAL NOTIFICATION PROVIDED FOR BY SUBSECTION (A) OF
THIS SECTION HE SHALL PROVIDE SIMILAR NOTIFICATIONS TO THE CHIEF
EXECUTIVE OFFICERS OF SUCH ADDITIONAL SOMMUNITIES, WHICH SHALL THEN BE
SUBJECT TO THE REQUIREMENTS OF SUBSECTION (B) OF THIS
SECTION. C) AS INFORMATION BECOMES AVAILABLE TO THE SECRETARY
CONCERNING
(D) FORMALLY IDENTIFIED FLOOD-PRONE COMMUNITIES THAT DO NOT QUALIFY
FOR THE NATIONAL FLOOD INSURANCE PROGRAM WITHIN ONE YEAR AFTER SUCH
NOTIFICATION OR BY THE DATE SPECIFIED IN SECTION 202, WHICHEVER IS
LATER, SHALL THEREAFTER BE SUBJECT TO THE PROVISIONS OF THAT SECTION
RELATING TO FLOOD-PRONE COMMUNITIES WHICH ARE NOT PARTICIPATING IN THE
PROGRAM.
SEC. 202. (A) NO FEDERAL OFFICER OR AGENCY SHALL APPROVE ANY
FINANCIAL ASSISTANCE FOR ACQUISITION OR CONSTRUCTION PURPOSES ON AND
AFTER JULY 1, 1975, FOR USE IN ANY AREA THAT HAS BEEN IDENTIFIED BY THE
SECRETARY AS AN AREA HAVING SPECIAL FLOOD HAZARDS UNLESS THE COMMUNITY
IN WHICH SUCH AREA IS SITUATED IS THEN PARTICIPATING IN THE NATIONAL
FLOOD INSURANCE PROGRAM.
(B) EACH FEDERAL INSTRUMENTALITY RESPONSIBLE FOR THE SUPERVISION,
APPROVAL, REGULATION, OR INSURING OF BANKS, SAVINGS AND LOAN
ASSOCIATIONS, OR SIMILAR INST'TUTIONS SHALL BE REGULATION PROHIBIT SUCH
INSTITUTIONS ON AND AFTER JULY 1, 1975, FROM MAKING, INCREASING,
EXTENDING, OR RENEWING ANY LOAN SECURED BY IMPROVED REAL ESTATE OR A
MOBILE HOME LOCATED OR TO BE LOCATED IN AN AREA THAT HAS BEEN IDENTIFIED
BY THE SECRETARY AS AN AREA HAVING SPECIAL FLOOD HAZARDS, UNLESS THE
COMMUNITY IN WHICH SUCH AREA IS SITUATED IS THEN PARTICIPATING IN THE
NATIONAL FLOOD INSURANCE PROGRAM.
SEC. 203. SECTION 1314 OF THE NATIONAL FLOOD INSURANCE ACT OF 1968
IS REPEALED. //82 STAT. 579. 42 USC 4021.//
SEC. 204. (A) SECTION 1360 OF THE NATIONAL FLOOD INSURANCE ACT OF
1968 IS AMENDED BY INSERTING THE DESIGNATION "(A)" AFTER "SEC. 1360."
AND ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTIONS: //82 STAT.
587. 42 USC 4101.//
"(B) THE SECRETARY IS DIRECTED TO ACCELERATE THE IDENTIFICAT'ON OF
RISK ZONES WITHIN FLOOD-PRONE AND MUDSLIDE-PRONE AREAS, AS PROVIDED BY
SUBSECTION (A) (2) OF THIS SECTION, IN ORDER TO MAKE KNOWN THE DEGREE OF
HAZARD WITHIN EACH SUCH ZONE AT THE EARLIEST POSSIBLE DATE. TO
ACCOMPLISH THIS OBJECTIVE, THE SECRETARY IS AUTHORIZED, WITHOUT REGARD
TO SECTIONS 3648 AND 3709 OF THE REVISED STATUTES, AS AMENDED (31 U.S.
C. 529 AND 41 U.S.C. 5), TO MAKE GRANTS, PROVIDE TECHNICAL ASSISTANCE,
AND ENTER INTO CONTRACTS, COOPERATIVE AGREEMENTS, OR OTHER TRANSACTIONS,
ON SUCH TERMS AS HE MAY DEEM APPROPRIATE, OR CONSENT TO MODIFICATIONS
THEREOF, AND TO MAKE ADVANCE OR PROGRESS PAYMENTS IN CONNECTION
THEREWITH.
"(C) THE SECRETARY OF DEFENSE (THROUGH THE ARMY CORPS OF ENGINEERS),
THE SECRETARY OF THE INTERIOR (THROUGH THE UNITED STATES GEOLOGICAL
SURVEY), THE SECRETARY OF AGRICULTURE (THROUGH THE SOIL CONSERVATION
SERVICE), THE SECRETARY OF COMMERCE (THROUGH THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION), THE HEAD OF THE TENNESSEE VALLEY AUTHORITY,
AND HEADS OF ALL OTHER FEDERAL AGENCIES ENGAGED IN THE IDENTIFICATION OR
DELINEATION OF FLOOD-RISK ZONES WITHIN THE SEVERAL STATES SHALL, IN
CONSULTATION WITH THE SECRETARY, GIVE THE HIGHEST PRACTICABLE PRIORITY
IN THE ALLOCATION OF AVAILABLE MANPOWER AND OTHER AVAILABLE RESOURCES TO
THE IDENTIFICATION AND MAPPING OF FLOOD HAZARD AREAS AND FLOOD-RISK
ZONES, ON ORDER TO ASSIST THE SECRETARY TO MEET THE DEADLINE ESTABLISHED
BY THIS SECTION.".
SEC. 205. (A) THE SECRETARY IS AUTHORIZED TO ISSUE SUCH REGULATIONS
AS MAY BE NECESSARY TO CARRY OUT THE PURPOSE OF THIS ACT.
(B) THE HEAD OF EACH FEDERAL AGENCY THAT ADMINISTERS A PROGRAM OF
FINANCIAL ASSISTANCE RELAT'NG TO THE ACQUISITION, CONSTRUCTION,
RECONSTRUCTION, REPAIR, OR IMPROVEMENT OF PUBLICLY OR PRIVATELY OWNED
LAND OR FACILITIES, AND EACH FEDERAL INSTRUMENTALITY RESPONSIBLE FOR THE
SUPERVISION, APPROVAL, REGULATION, OR INSURING OF BANKS, SAVINGS AND
LOAN ASSOCIATIONS, OR SIMILAR INSTITUTIONS, SHALL, IN COOPERATION WITH
THE SECRETARY, ISSUE APPROPRIATE RULES AND REGULATIONS TO GOVERN THE
CARRYING OUT OF THE AGENCY'S RESPONSIBILITIES UNDER THIS ACT.
SEC. 206. //82 STAT. 572. 42 USC 4001 NOTE.// IN CARRYING OUT HIS
RESPONSIBILITIES UNDER THE PROVISIONS OF THIS TITLE AND THE NATIONAL
FLOOD INSURANCE ACT OF 1968 WHICH RELATE TO NOTIFICATION TO AND
IDENTIFICATION OF FLOOD-PRONE AREAS AND THE APPLICATION OF CRITERIA FOR
LAND MANAGEMENT AND USE, INCLUDING CRITERIA DERIVED FROM DATA REFLECTING
NEW DEVELOPMENTS THAT MAY INDICATE THE DESIRABILITY OF MODIFYING
ELEVATIONS BASED ON PREVIOUS FLOOD STUDIES, THE SECRETARY SHALL
ESTABLISH PROCEDURES ASSURING ADEQUATE CONSULTATION WITH THE APPROPRIATE
ELECTED OFFICIALS OF GENERAL PURPOSE LOCAL GOVERNMENTS, INCLUDING BUT
NOT LIMITED TO THOSE LOCAL GOVERNMENTS WHOSE PRIOR ELIGIBILITY UNDER THE
PROGRAM HAS BEEN SUSPENDED. SUCH CONSULTATION SHALL INCLUDE, BUT NOT BE
LIMITED TO, FULLY INFORMING LOCAL OFFICIALS AT THE COMMENCEMENT OF ANY
FLOOD ELEVATION STUDY OF INVESTIGATION UNDERTAKEN BY ANY AGENCY ON
BEHALF OF THE SECRETARY CONCERNING THE NATURE AND PURPOSE OF THE STUDY,
THE AREAS INVOLVED, THE MANNER IN WHICH THE STUDY IS TO BE UNDERTAKEN,
THE GENERAL PRINCIPLES TO BE APPLIED, AND THE USE TO BE MADE OF THE DATA
OBTAINED. THE SECRETARY SHALL ENCOURAGE LOCAL OFFICIALS TO DISSEMINATE
INFORMATION CONCERNING SUCH STUDY WIDELY WITHIN THE COMMUNITY, SO THAT
INTERESTED PERSONS WILL HAVE AN OPPORTUNITY TO BRING ALL RELEVANT FACTS
AND TECHNICAL DATA CONCERNING THE LOCAL FLOOD HAZARD TO THE ATTENTION OF
THE AGETCY DURING THE COURSE OF THE STUDY.
SEC. 207. THAT PARAGRAPH "SEVENTH" OF SECTION 5136 OF THE REVISED
STATXTES (12 U.S.C. 24) IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: "NOTWITHSTANDING ANY OTHER PROVISION IN THIS PARAGRAPH, THE
ASSOCIATION MAY PURCHASE FOR ITS OWN ACCOUNT SHARES OF STOCK ISSUED BY A
CORPORATION ORGANIZED SOLELY FOR THE PURPOSE OF MAKING LOANS TO FARMERS
AND RANCHERS FOR AGRICULTURAL PURPOSES, INCLUDING THE BREEDING, RAISING,
FATTENING, OR MARKETING OF LIVESTOCK. HOWEVER, UNLESS THE ASSOCIATION
OWNS AT LEAST 80 PER CENTUM OF THE STOCK OF SUCH AGRICULTURAL CREDIT
CORPORATION THE AMOUNT INVESTED BY THE ASSOCIATION AT ANY ONE TIME IN
THE STOCK OF SUCH CORPORATION SHALL NOT EXCEED 20 PER CENTUM OF THE
UNIMPAIRED CAPITAL AND SURPLUS OF THE ASSOCIATION.".
SEC. 208. SECTION 3 (A) OF THE ACT ENTITLED "AN ACT TO AMEND CHAPTER
37 OF TITLE 38 OF THE UNITED STATES CODE WITH RESPECT TO THE VETERANS'
HOME LOAN PROGRAM, TO AMEND THE NATIONAL HOUSING ACT WITH RESPECT TO
INTEREST RATES ON INSURED MORTGAGES, AND FOR OTHER PURPOSES", APPROVED
MAY 7, 1968, AS AMENDED (12 U.S.C. 1709 - 1), IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW SENTENCE: "NOTWITHSTANDING THE
PROVISIONS OF SECTION 2 (B) OF THE NATIONAL HOUSING ACT REGARDING THE
MAXIMUM INTEREST RATE WHICH MAY BE ESTABLISHED FOR OBLIGATIONS WITH
RESPECT TO WHICH INSURANCE IS GRANTED TO FINANCIAL INSTITUTIONS UNDER
SECTION 2 OF SUCH ACT, THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT IS
ALSO AUTHORIZED, UNTIL THE DATE SPECIFIED IN THE PRECEDING SENTENCE, TO
SET THE MAXIMUM INTEREST RATE FOR OBLIGATIONS WITH RESPECT TO WHICH
INSURANCE IS GRANTED UNDER SUCH SECTION, AND WHICH REPRESENT LOANS AND
ADVANCES OF CREDIT MADE FOR THE PURPOSE OF FINANCING PURCHASES OF MOBILE
HOMES, AT SUCH LEVEL AS HE FINDS NECESSARY TO MEET THE LOAN MARKET.".
//82 STAT. 113; 86 STAT. 405. 12 USC 1703.//
APPROVED DECEMBER 31, 1973.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 359 (COMM. ON BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 583 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
SEPT. 5, CONSIDERED AND PASSED HOUSE. DEC. 1, CONSIDERED AND
PASSED SENATE, MENDED. AMDEC. 3, ACTION VACATED; BILL RESTORED
TO R. CALENDARDEC. 18, CONSIDERED AND PASSED SENATE, AMENDED.
ADEC. 20, HOUSE AGREED TO SENATE AMENDMENT WITH AN
AMENDMENT; SENATE CONCURRED IN HOUSE AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 1
(1974):
DEC. 31, 1973, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-233; 87 STAT. 947
TO PROVIDE A 7-PERCENT INCREASE IN SOCIAL SECURITY BENEFITS
BEGINNING WITH MARCH 1974 AND AN ADDITIONAL 4-PERCENT INCREASE
BEGINNING WITH JUNE 1974, TO PROVIDE INCREASES IN SUPPLEMENTAL
SECURITY INCOME BENEFITS, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. (A) SECTION 201 (A) (1) OF PUBLIC LAW 93 - 66 IS AMENDED
BY STRIKING OUT "THE PERCENTAGE BY WHICH" AND ALL THAT FOLLOWS AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "7 PER CENTUM.". //ANTE, P.
152.//
(B) SECTION 201 (A) (2) OF PUBLIC LAW 93 - 66 IS AMENDED--
(1) BY STRIKING OUT "MAY 1974" EACH PLACE IT APPEARS AND
INSERTING IN LIEU THEREOF "FEBRUARY 1974"; AND
(2) BY STRIKING OUT "JANUARY 1975" EACH PLACE IT APPEARS AND
INSERTING IN LIEU THEREOF "JUNE 1974".
(C) SECTION 201 (B) OF PUBLIC LAW 93 - 66 IS AMENDED TO READ AS
FOLLOWS:
"(B) THE INCREASE IN SOCIAL SECURITY BENEFITS AUTHORIZED UNDER THIS
SECTION SHALL BE PROVIDED, AND ANY DETERMINATIONS BY THE SECRETARY IN
CONNECTION WITH THE PROVISION OF SUCH INCREASE IN BENEFITS SHALL BE
MADE, IN THE MANNER PRESCRIBED IN SECTION 215 (I) OF THE SOCIAL SECURITY
ACT FOR THE IMPLEMENTATION OF COST-OF-LIVING INCREASES AUTHORIZED UNDER
TITLE II OF SUCH ACT, EXCEPT THAT-- //86 STAT. 412. 42 USC 415.//
"(1) THE AMOUNT OF SUCH INCREASE SHALL BE 7 PER CENTUM,
"(2) IN THE CASE OF ANY INDIVIDUAL ENTITLED TO MONTHLY
INSURANCE BENEFITS PAYABLE PURSUANT TO SECTION 202 (E) OF SUCH ACT
FOR FEBRUARY 1974 (WITHOUT THE APPLICATION OF SECTION 202 (J) (1)
OR 223 (B) OF SUCH ACT), INCLUDING SUCH BENEFITS BASED ON A
PRIMARY INSURANCE AMOUNT DETERMINED UNDER SECTION 215 (A) (3) OF
SUCH ACT AS AMENDED BY THIS SECTION, SUCH INCREASE SHALL BE
DETERMINED WITHOUT REGARD TO PARAGRAPH (2) (B) OF SUCH SECTION 202
(E), //42 USC 402. 42 USC 423. 42 USC 415. 42 USC 402.// AND
"(3) IN THE CASE OF ANY INDIVIDUAL ENTITLED TO MONTHLY
INSURANCE BENEFITS PAYABLE PURSUANT TO SECTION 202 (F) OF S,CH ACT
FOR FEBRUARY 1974 (WITHOUT THE APPLICATION OF SECTION 202 (J) (1)
OR 223 (B) OF SUCH ACT), INCLUDING SUCH BENEFITS BASED ON A
PRIMARY INSURANCE AMOUNT DETERMINED UNDER SECTION 215 (A) (3) OF
SUCH ACT AS AMENDED BY THIS SECTION, SUCH INCREASE SHALL BE
DETERMINED WITHOUT REGARD TO PARAGRAPH (3) (B) OF SUCH SECTION 202
(F)."
(D) SECTION 201 (C) (2) OF PUBLIC LAW 93 - 66 IS AMENDED BY STRIKING
OUT "MAY 1974" AND INSERTING IN LIEU THEREOF "FEBRUARY 1974". //ANTE, P.
152.//
(E) SECTION 201 (D) OF PUBLIC LAW 93 - 66 IS AMENDED BY STRIKING OUT
"DECEMBER 1974" EACH PLACE IT APPEARS AND INSERTING IN LIEU THEREOF "MAY
1974".
(F) SECTION 202 (E) OF THE SOCIAL SECURITY ACT IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH: //81 STAT. 829.//
"(7) IN THE CASE OF AN INDIVIDUAL ENTITLED TO MONTHLY INSURANCE
BENEFITS PAYABLE UNDER THIS SECTION FOR ANY MONTH PRIOR TO JANUARY 1973
WHOSE BENEFITS WERE NOT REDETERMINED UNDER SECTION 102 (G) OF THE SOCIAL
SECURITY AMENDMENTS OF 1972, SUCH BENEFITS SHALL NOT BE REDETERMINED
PURSUANT TO SUCH SECTION, BUT SHALL BE INCREASED PURSUANT TO ANY GENERAL
BENEFIT INCREASE (AS DEFINED IN SECTION 215 (I) (3)) OR ANY INCREASE IN
BENEFITS MADE UNDER OR PURSUANT TO SECTION 215 (I), INCLUDING FOR THIS
PURPOSE THE INCREASE PROVIDED EFFECTIVE FOR MARCH 1974, AS THOUGH SUCH
REDETERMINATION HAD BEEN MADE." //86 STAT. 1338. 42 USC 415.//
(G) SECTION 202 (F) OF THE SOCIAL SECURITY ACT IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH: //81 STAT. 830. 42 USC
402.//
"(8) IN THE CASE OF AN INDIVIDUAL ENTITLED TO MONTHLY INSURANCE
BENEFITS PAYABLE UNDER THIS SECTION FOR ANY MONTH PRIOR TO JANUARY 1973
WHOSE BENEFITS WERE NOT REDETERMINED UNDER SECTION 102 (G) OF THE SOCIAL
SECURITY AMENDMENTS OF 1972, SUCH BENEFITS SHALL NOT BE REDETERMINED
PURSUANT TO SUCH SECTION, BUT SHALL BE INCREASED PURSUANT TO ANY GENERAL
BENEFIT INCREASE (AS DEFINED IN SECTION 215 (I) (3) OR ANY INCREASE IN
BENEFITS MADE UNDER OR PURSUANT TO SECTION 215 (I), INCLUDING FOR THIS
PURPOSE THE INCREASE PROVIDED EFFECTIVE FOR MARCH 1974, AS THOUGH SUCH
REDETERMINATION HAD BEEN MADE." //86 STAT. 1338. 42 USC 415.//
(H) (1) SECTION 215 (A) (3) OF THE SOCIAL SECURITY ACT IS AMENDED BY
STRIKING OUT "$8.50" AND INSERTING IN LIEU THEREOF "$9.00". //86 STAT.
1333.//
(2) THE AMENDMENT MADE BY PARAGRAPH (1) SHALL BE EFFECTIVE WITH
RESPECT TO BENEFITS PAYABLE FOR MONTHS AFTER FEBRUARY 1974.
(I) IN THE CASE OF AN INDIVIDUAL TO WHOM MONTHLY BENEFITS ARE PAYABLE
UNDER TITLE II OF THE SOCIAL SECURITY ACT FOR FEBRUARY 1974 (WITHOUT THE
APPLICATION OF SECTION 202 (J) (1) OR 223 (B) OF SUCH ACT), AND TO WHOM
SECTION 202 (M) OF SUCH ACT IS APPLICABLE FOR SUCH MONTH, SUCH SECTION
SHALL CONTINUE TO BE APPLICABLE TO SUCH BENEFITS FOR THE MONTHS OF MARCH
THROUGH MAY 1974 FOR WHICH SUCH INDIVIDUAL REMAINS THE ONLY INDIVIDUAL
ENTITLED TO A MONTHLY BENEFIT ON THE BASIS OF THE WAGES AND
SELF-EMPLOYMENT INCOME OF THE DECEASED INSURED INDIVIDUAL. //53 STAT.
1362. 42 USC 401. 64 STAT. 487. 42 USC 402, 423. 86 STAT. 1338.//
SEC. 2. (A) SECTION 215 (A) OF THE SOCIAL SECURITY ACT IS AMENDED BY
STRIKING OUT THE TABLE AND INSERTING IN LIEU THEREOF THE FOLLOWING:
//86 STAT. 406. 42 USC 415.//
"TABLE OMITTED"
(B) (1) EFFECTIVE JUNE 1, 1974, SECTIONS 227 AND 228 OF THE SOCIAL
SECURITY ACT ARE AMENDED BY STRIKING OUT "$58.00" WHEREVER IT APPEARS
AND INSERTING IN LIEU THEREOF "THE LARGER OF $64.40 OR THE AMOUNT MOST
RECENTLY ESTABLISHED IN LIEU THEREOF UNDER SECTION 215 (I)", AND BY
STRIKING OUT "$29.00" WHEREVER IT APPEARS AND INSERTING IN LIEU THEREOF
"THE LARGER OF $32.20 OR THE AMOUNT MOST RECENTLY ESTABLISHED IN LIEU
THEREOF UNDER SECTION 215 (I)". //86 STAT. 411. 42 USC 427, 428. 42
USC 415.//
(2) SECTION 20Z (A) (4) OF PUBLIC LAW 92 - 336 IS HEREBY REPEALED.
(C) THE AMENDMENT MADE BY SUBSECTIONS (A) AND (B) SHALL APPLY WITH
RESPECT TO MONTHLY BENEFITS UNDER TITLE II OF THE SOCIAL SECURITY ACT
FOR MONTHS AFTER MAY 1974, AND WITH RESPECT TO LUMP-SUM DEATH PAYMENTS
UNDER SECTION 202 (I) OF SUCH ACT IN THE CASE OF DEATHS OCCURRING AFTER
SUCH MONTH.
(D) SECTION 202 (A) (3) OF PUBLIC LAW 92 - 336 IS AMENDED BY STRIKING
OUT "JANUARY 1, 1975" IN SUBPARAGRAPHS (A), (B), AND (C) AND INSERTING
IN LIEU THEREOF IN EACH INSTANCE "JUNE 1, 1974". //53 STAT. 1362. 42
USC 401. 74 STAT. 947; 85 STAT. 802. 86 STAT. 416.//
SEC. 3. (A) CLAUSE (I) OF SECTION 215 (I) (1) (A) OF THE SOCIAL
SECURITY ACT IS AMENDED TO READ AS FOLLOWS: "(I) THE CALENDAR QUARTER
ENDING ON MARCH 31 IN EACH YEAR AFTER 1974, OR". //86 STAT. 412. 42
USC 415.//
(B) CLAUSE (II) OF SECTION 215 (I) (1) (B) OF SUCH ACT IS AMENDED BY
STRIKING OUT "IN WHICH A LAW" AND ALL THAT FOLLOWS AND INSERTING IN LIEU
THEREOF "IF IN THE YEAR PRIOR TO SUCH YEAR A LAW HAS BEEN ENACTED
PROVIDING A GENERAL BENEFIT INCREASE UNDER THIS TITLE OR IF IN SUCH
PRIOR YEAR SUCH A GENERAL BENEFIT INCREASE BECOMES EFFECTIVE; AND".
(C) SECTION 215 (I) (2) (A) (I) OF SUCH ACT IS AMENDED BY STRIKING
OUT "1974" AND INSERTING IN LIEU THEREOF "1975", AND BY STRIKING OUT
"AND TO SUBPARAGRAPH (E) OF THIS PARAGRAPH".
(D) SECTION 215 (I) (2) (A) (II) OF SUCH ACT IS AMENDED--
(1) BY STRIKING OUT "SUCH BASE QUARTER" AND INSERTING IN LIEU
THEREOF "THE BASE QUARTER IN ANY YEAR";
(2) BY STRIKING OUT "JANUARY OF THE NEXT CALENDAR YEAR" AND
INSERTING IN LIEU THEREOF "JUNE OF SUCH YEAR"; AND
(3) BY STRIKING OUT "(SUBJECT TO SUBPARAGRAPH (E))". (E)
SECTION 215 (I) (2) (B) OF SUCH ACT IS AMENDED BY STRIKING
OUT "DECEMBER" EACH PLACE IT APPEARS AND INSERTING IN LIEU THEREOF
"MAY", AND BY STRIKING OUT "(SUBJECT TO SUBPARAGRAPH (E))".
(F) SECTION 215 (I) (2) (C) (II) OF SUCH ACT IS AMENDED BY STRIKING
OUT "ON OR BEFORE AUGUST 15 OF SUCH CALENDAR YEAR" AND INSERTING IN LIEU
THEREOF "WITHIN 30 DAYS AFTER THE CLOSE OF SUCH QUARTER".
(G) SECTION 215 (I) (2) (D) OF SUCH ACT IS AMENDED BY STRIKING OUT
"ON OR BEFORE NOVEMBER 1 OF SUCH CALENDAR YEAR" AND INSERTING IN LIEU
THEREOF "WITHIN 45 DAYS AFTER THE CLOSE OF SUCH QUARTER".
(H) SECTION 215 (I) (2) OF SUCH ACT IS AMENDED BY STRIKING OUT
PARAGRAPH (E).
(I) FOR PURPOSES OF SECTION 203 (F) (8), SO MUCH OF SECTION 215
-(1) (B) AS FOLLOWS T)E^ SEMICOLON, THE SECTION 230 (A) OF THE SOCIAL
SECURITY ACT, THE INCREASE IN BENEFITS PROVIDED BY SECTION 2 OF THIS ACT
SHALL BE CONSIDERED AN INCREASE UNDER SECTION 215 (I) OF THE SOCIAL
SECURITY ACT. //POST, P. 953. 86 STAT. 417. 42 USC 430.//
(J) (1) SECTION 230 (A) OF SUCH ACT IS AMENDED--
(A) BY STRIKING OUT "WITH THE FIRST MONTH OF THE CALENDAR YEAR"
AND INSERTING IN LIEU THEREOF "WITH THE JUNE"; AND
(B) BY STRIKING OUT "(ALONG WITH THE PUBLICATION OF SUCH
BENEFIT INCREASE AS REQUIRED BY SECTION 215 (I) (2) (D))" AND BY
STRIKING OUT "(UNLESS SUCH INCREASE IN BENEFITS IS PREVENTED FROM
BECOMING EFFECTIVE BY SECTION 215 (I) (2) (E))".
(2) SECTION 230 (C) OF SUCH ACT IS AMENDED BY STRIKING OUT "THE FIRST
MONTH" AND INSERTING IN LIEU THEREOF "THE JUNE". //86 STAT. 417. 42
STAT. 430.//
(K) (1) SECTION 203 (F) (8) (A) OF SUCH ACT IS AMENDED TO READ AS
FOLLOWS:
"(A) WHENEVER THE SECRETARY PURSUANT TO SECTION 215 (I)
INCREASES BENEFITS EFFECTIVE WITH THE MONTH OF JUNE FOLLOWING A
COST-OF-LIVING COMPUTATION QUARTER HE SHALL ALSO DETERMINE AND
PUBLISH IN THE FEDERAL REGISTER ON OR BEFORE NOVEMBER 1 OF THE
CALENDAR YEAR IN WHICH SUCH QUARTER OCCURS A NEW EXEMPT AMOUNT
WHICH SHALL BE EFFECTIVE (UNLESS SUCH NEW EXEMPT AMOUNT IS
PREVENTED FROM BECOMING EFFECTIVE BY SUBPARAGRAPH (C) OF THIS
PARAGRAPH) WITH RESPECT TO ANY INDIVIDUAL'S TAXABLE YEAR WHICH
ENDS AFTER THE CALENDAR YEAR IN WHICH SUCH BENEFIT INCREASE IS
EFFECTIVE (OR, IN THE CASE OF AN INDIVIDUAL WHO DIES DURING THE
CALENDAR YEAR AFTER THE CALENDAR YEAR IN WHICH THE BENEFIT
INCREASE IS EFFECTIVE, WITH RESPECT TO SUCH INDIVIDUAL'S TAXABLE
YEAR WHICH ENDS, UPON HIS DEATH, DURING SUCH YEAR).". //86 STAT.
1342. 42 USC 403. 42 USC 415.//
(2) SECTION 203 (F) (8) (B) OF SUCH ACT IS AMENDED BY STRIKING OUT
"NO LATER THAN AUGUST 15 OF SUCH YEAR" AND INSERTING IN LIEU THEREOF
"WITHIN 30 DAYS AFTER THE CLOSE OF THE BASE QUARTER (AS DEFINED IN
SECTION 215 (I) (1) (A)) IN SUCH YEAR".
(3) SECTION 203 (F) (8) (C) IS AMENDED BY STRIKING OUT "OR PROVIDING
A GENERAL BENEFIT INCREASE UNDER THIS TITLE (AS DEFINED IN SECTION 215
(I) (3))".
SEC. 4. (A) (1) SECTION 210 (C) OF PUBLIC LAW 93 - 66 IS AMENDED BY
STRIKING OUT "JUNE 1974" AND INSERTING IN LIEU THEREOF "DECEMBER 1973".
//ANTE, P. 154.//
(2) SECTION 211 (A) (1) (A) OF PUBLIC LAW 93 - 66 IS AMENDED BY
STRIKING OUT "($780 IN THE CASE OF ANY PERIOD PRIOR TO JULY 1974)".
(1) SECTION 1611 (A) (1) (A) AND SECTION 1611 (B) (1) OF THE
SOCIAL SECURITY ACT (AS ENACTED BY SECTION 301 OF THE SOCIAL
SECURITY AMENDMENTS OF 1972 AND AMENDED BY SECTION 210 OF PUBLIC
LAW 93 - 66) ARE EACH AMENDED BY STRIKING OUT "$1,680" AND
INSERTING IN LIEU THEREOF "$1,752"; //86 STAT. 1466; ANTE, P.
154. 42 USC 1382.//
(2) SECTION 1611 (A) (2) (A) AND SECTION 1611 (B) (2) OF SUCH
ACT (AS SO ENACTED AND AMENDED) ARE EACH AMENDED BY STRIKING OUT
"$2,520" AND INSERTING IN LIEU THEREOF "$2,628"; AND
(3) SECTION 211 (A) (1) (A) OF PUBLIC LAW 93 - 66 (AS AMENDED
BY SUBSECTION (A) (2) OF THIS SECTION) IS AMENDED BY STRIKING OUT
"$840" AND INSERTING IN LIEU THEREOF "$876".
SEC. 5. (A) (1) SECTION 209 (A) (8) OF THE SOCIAL SECURITY ACT IS
AMENDED BY STRIKING OUT "$12,600" AND INSERTING IN LIEU THEREOF
"$13,200". //ANTE, P. 153.//
(2) SECTION 211 (B) (1) (H) OF SUCH ACT IS AMENDED BY STRIKING OUT
"$12,600" AND INSERTING IN LIEU THEREOF "$13,200".
(3) SECTIONS 213 (A) (2) (II) AND 213 (A) (2) (III) OF SUCH ACT ARE
EACH AMENDED BY STRIKING OUT "$12,600" AND INSERTING IN LIEU THEREOF
"$13,200".
(4) SECTION 215 (E) (1) OF SUCH ACT IS AMENDED BY STRIKING OUT
"$12,600" AND INSERTING IN LIEU THEREOF "$13,200".
(B) (1) SECTION 1402 (B) (1) (H) OF THE INTERNAL REVENUE CODE OF 1954
(RELATING TO DEFINITION OF SELF-EMPLOYMENT INCOME) IS AMENDED BY
STRIKING OUT "$12,600" AND INSERTING IN LIEU THEREOF "$13,200". //ANTE,
P. 453.//
(2) EFFECTIVE WITH RESPECT TO REMUNERATION PAID AFTER 1973, SECTION
3121 (A) (1) OF SUCH CODE IS AMENDED BY STRIKING OUT THE DOLLAR AMOUNT
EACH PLACE IT APPEARS THEREIN AND INSERTING IN LIEU THEREOF "$13,200".
//86 STAT. 419. 26 USC 3121.//
(3) EFFECTIVE WITH RESPECT TO REMUNERATION PAID AFTER 1973, THE
SECOND SENTENCE OF SECTION 3122 OF SUCH CODE IS AMENDED BY STRIKING OUT
THE DOLLAR AMOUNT AND INSERTING IN LIEU THEREOF "$13,200".
(4) EFFECTIVE WITH RESPECT TO REMUNERATION PAID AFTER 1973, SECTION
3125 OF SUCH CODE IS AMENDED BY STRIKING OUT THE DOLLAR AMOUNT EACH
PLACE IT APPEARS IN SUBSECTIONS (A), (B), AND (C) AND INSERTING IN LIEU
THEREOF "$13,200".
(5) SECTION 6413 (C) (1) OF SUCH CODE (RELATING TO SPECIAL REFUNDS OF
EMPLOYMENT TAXES) IS AMENDED BY STRIKING OUT "$12,600" EACH PLACE IT
APPEARS AND INSERTING IN LIEU THEREOF "$13,200".
(6) SECTION 6413 (C) (2) (A) OF SUCH CODE (RELATING TO REFUNDS OF
EMPLOYMENT TAXES IN THE CASE OF FEDERAL EMPLOYEES) IS AMENDED BY
STRIKING OUT "$12,600" AND INSERTING IN LIEU THEREOF "$13,200".
(7) EFFECTIVE WITH RESPECT TO TAXABLE YEARS BEGINNING AFTER 1973,
SECTION 6654 (D) (2) (B) (II) OF SUCH CODE (RELATING TO FAILURE BY
INDIVIDUAL TO PAY ESTIMATED INCOME TAX) IS AMENDED BY STRIKING OUT THE
DOLLAR AMOUNT AND INSERTING IN LIEU THEREOF "$13,200".
(C) SECTION 230 (C) OF THE SOCIAL SECURITY ACT IS AMENDED BY STRIKING
OUT "$12,600" AND INSERTING IN LIEU THEREOF "$13,200".
(D) PARAGRAPHS (2) (C), (3) (C), (4) (C), AND (7) (C) OF SECTION 203
(B) OF PUBLIC LAW 92 - 336 ARE EACH AMENDED BY STRIKING OUT "$12,600"
AND INSERTING IN LIEU THEREOF "$13,200".
(E) THE AMENDMENTS MADE BY THIS SECTION, EXCEPT SUBSECTION (A) (4),
SHALL APPLY ONLY WITH RESPECT TO REMUNERATION PRID AFTER, AND TAXABLE
YEARS BEGINNING AFTER, 1973. THE AMENDMENTS MADE BY SUBSECTION (A) (4)
SHALL APPLY WITH RESPECT TO CALENDAR YEARS AFTER 1973.
(F) THE AMENDMENTS MADE BY THIS SECTION TO PROVISIONS OF THE SOCIAL
SECURITY ACT, THE INTERNAL REVENUE CODE OF 1954, AND PUBLIC LAW 92 - 336
SHALL BE DEEMED TO BE MADE TO SUCH PROVISIONS AS AMENDED BY SECTION 203
OF PUBLIC LAW 93 - 66. //49 STAT. 620. 42 USC 1305. 68A STAT. 3. 26
USC 1 ET SEQ. 86 STAT. 406. ANTE, P. 153. 86 STAT. 1362. 26 USC
3101.//
SEC. 6. (A) (1) SECTION 3101 (A) OF THE INTERNAL REVENUE CODE OF
1954 (RELATING TO RATE OF TAX ON EMPLOYEES FOR PURPOSES OF OLD-AGE,
SURVIVORS, AND DISABILITY INSURANCE) IS AMENDED BY STRIKING OUT
PRRAGRAPHS (4) THROUGH (6) AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"(4) WITH RESPECT TO WAGES RECEIVED DURING THE CALENDAR YEAR
1973, THE RATE SHALL BE 4.85 PERCENT;
"(5) WITH RESPECT TO WAGES RECEIVED DURING THE CALENDAR YEARS
1974 THROUGH 2010, THE RATE SHALL BE 4.95 PERCENT; AND
"(6) WITH RESPECT TO WAGES RECEIVED AFTER DECEMBER 31, 2010,
THE RATE SHALL BE 5.95 PERCENT."
(2) SECTION 3111 (A) OF SUCH CODE (RELATING TO RATE OF TAX ON
EMPLOYERS FOR PURPOSES OF OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE)
IS AMENDED BY STRIKING OUT PARAGRAPHS (4) THROUGH (6) AND INSERTING IN
LIEU THEREOF THE FOLLOWING:
"(4) WITH RESPECT TO WAGES PAID DURING THE CALENDAR YEAR 1973,
THE RATE SHALL BE 4.85 PERCENT;
"(5) WITH RESPECT TO WAGES PRID DURING THE CALENDAR YEARS 1974
THROUGH 2010, THE RATE SHALL BE 4.95 PERCENT; AND
"(6) WITH RESPECT TO WAGES PAID AFTER DECEMBER 31, 2010, THE
RATE SHALL BE 5.95 PERCENT.".
(B) (1) SECTION 1401 (B) OF SUCH CODE (RELATING TO RATE OF TAX ON
SELF-EMPLOYMENT INCOME FOR PURPOSES OF HOSPITAL INSURANCE) IS AMENDED BY
STRIKING OUT PARAGRAPHS (2) THROUGH (5) AND INSERTING IN LIEU THEREOF
THE FOLLOWING: //86 STAT. 1363. 26 USC 1401.//
"(2) IN THE CASE OF ANY TAXABLE YEAR BEGINNING AFTER DECEMBER
31, 1972, AND BEFORE JANUARY 1, 1974, THE TAX SHALL BE EQUAL TO
1.0 PERCENT OF THE AMOUNT OF THE SELF-EMPLOYMENT INCOME FOR SUCH
TAXABLE YEAR;
"(3) IN THE CASE OF ANY TAXABLE YEAR BEGINNING AFTER DECEMBER
31, 1973, AND BEFORE JANUARY 1, 1978, THE TAX SHALL BE EQUAL TO
0.90 PERCENT OF THE AMOUNT OF THE SELF-EMPLOYMENT INCOME FOR SUCH
TAXABLE YEAR;
"(4) IN THE CASE OF ANY TAXABLE YEAR BEGINNING AFTER DECEMBER
31, 1977, AND BEFORE JANUARY 1, 1981, THE TAX SHALL BE EQUAL TO
1.0 PERCENT OF THE AMOUNT OF THE SELF-EMPLOYMENT INCOME FOR SUCH
TAXABLE YEAR;
"(5) IN THE CASE OF ANY TAXABLE YEAR BEGINNING AFTER DECEMBER
31, 1980, AND BEFORE JANUARY 1, 1986, THE TAX SHALL BE EQUAL TO
1.35 PERCENT OF THE AMOUNT OF THE SELF-EMPLOYMENT INCOME FOR SUCH
TAXABLE YEAR; AND "(6) IN THE CASE OF ANY TAXABLE YEAR BEGINNING
AFTER DECEMBER 31, 1985, THE TAX SHALL BE EQUAL TO 1.50 PERCENT OF
THE SELF EMPLOYMENT INCOME FOR SUCH TAXABLE YEAR."
(2) SECTION 3101 (B) OF SUCH CODE (RELATING TO RATE OF TAX ON
EMPLOYEES FOR PURPOSES OF HOSPITAL INSURANCE) IS AMENDED BY STRIKING OUT
PARAGRAPHS (2) THROUGH (5) AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"(2) WITH RESPECT TO WAGES RECEIVED DURING THE CALENDAR YEAR
1973, THE RATE SHALL BE 1.0 PERCENT;
"(3) WITH RESPECT TO WAGES RECEIVED DURING THE CALENDAR YEARS
1974 THROUGH 1977, THE RATE SHALL BE 0.90 PERCENT;
"(4) WITH RESPECT TO WAGES RECEIVED DURING THE CALENDAR YEARS
1978 THROUGH 1980, THE RATE SHALL BE 1.10 PERCENT;
"(5) WITH RESPECT TO WAGES RECEIVED DURING THE CALENDAR YEARS
1981 THROUGH 1985, THE RATE SHALL BE 1.35 PERCENT; AND
"(6) WITH RESPECT TO WAGES RECEIVED AFTER DECEMBER 31, 1985,
THE RATE SHALL BE 1.50 PERCENT.".
(3) SECTION 3111 (B) OF SUCH CODE (RELATING TO RATE OF TAX ON
EMPLOYERS FOR PURPOSES OF HOSPITAL INSURANCE) IS AMENDED BY STRIKING OUT
PARAGRAPHS (2) THROUGH (5) AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"(2) WITH RESPECT TO WAGES PAID DURING THE CALENDAR YEAR 1973,
THE RATE SHALL BE 1.0 PERCENT;
"(3) WITH RESPECT TO WAGES PAID DURING THE CALENDAR YEARS 1974
THROUGH 1977, THE RATE SHALL BE 0.90 PERCENT;
"(4) WITH RESPECT TO WAGES PAID DURING THE CALENDAR YEARS 1978
THROUGH 1980, THE RATE SHALL BE 1.10 PERCENT;
"(5) WITH RESPECT TO WAGES PAID DURING THE CALENDAR YEARS 1981
THROUGH 1985, THE RATE SHALL BE 1.35 PERCENT; AND
"(6) WITH RESPECT TO WAGES PAID AFTER DECEMBER 31, 1985, THE
RATE SHALL BE 1.50 PERCENT.".
(C) THE AMENDMENT MADE BY SUBSECTION (B) (1) SHALL APPLY ONLY WITH
RESPECT TO TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1973. THE
REMAINING AMENDMENTS MADE BY THIS SECTION SHALL APPLY ONLY WITH RESPECT
TO REMUNERATION PAID AFTER DECEMBER 31, 1973.
SEC. 7. (A) SECTION 201 (B) (1) OF THE SOCIAL SECURITY ACT IS
AMENDED BY STRIKING OUT "(E) AND ALL THAT FOLLOWS DOWN THROUGH "WHICH
WAGES" AND INSERTING IN LIEU THEREOF THE FOLLOWING: "(E) 1.1 PER CENTUM
OF THE WAGES (AS SO DEFINED) PAID AFTER DECEMBER 31, 1972, AND BEFORE
JANUARY 1, 1974, AND SO REPORTED, (F) 1.15 PER CENTUM OF THE WAGES (AS
SO DEFINED PAID AFTER DECEMBER 31, 1973, AND BEFORE JANUARY 1, 1978, AND
SO REPORTED, (G) 1.2 PER CENTUM OF THE WAGES (AS SO DEFINED) PRID AFTER
DECEMBER 31, 1977, AND BEFORE JANUARY 1, 1981, AND SO REPORTED, (H) 1.3
PER CENTUM OF THE WAGES (AS SO DEFINED) PAID AFTER DECEMBER 31, 1980,
AND BEFORE JANUARY 1, 1986, AND SO REPORTED, (1) 1.4 PER CENTUM OF THE
WAGES (AS SO DEFINED) PAID AFTER DECEMBER 31, 1985, AND BEFORE JANUARY
1, 2011, AND SO REPORTED, AND (J) 1.7 PER CENTUM OF THE WAGES (AS SO
DEFINED) PAID AFTER DECEMBER 31, 2010, AND SO REPORTED, WHICH WAGES".
(B) SECTION 201 (B) (2) OF SUCH ACT IS AMENDED BY STRIKING OUT "(E)
AND ALL THAT FOLLOWS DOWN THROUGH "WHICH SELF-EMPLOYMENT INCOME" AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "(E) 0.795 OF 1 PER CENTUM OF
THE AMOUNT OF SELF-EMPLOYMENT INCOME (AS SO DEFINED) SO REPORTED FOR ANY
TAXABLE YEAR BEGINNING AFTER DECEMBER 31, 1972, AND BEFORE JANUARY 1,
1974, (F) 0.815 OF 1 PER CENTUM OF THE AMOUNT OF SELF-EMPLOYMENT INCOME
(AS SO DEFINED) AS REPORTED FOR ANY TAXABLE YEAR BEGINNING AFTER
DECEMBER 31, 1973, AND BEFORE JANUARY 1, 1978, (G) 0.850 OF 1 PER CENTUM
OF THE AMOUNT OF SELF-EMPLOYMENT INCOME (AS SO DEFINED) SO REPORTED FOR
ANY TAXABLE YEAR BEGINNING AFTER DECEMBER 31, 1977, AND BEFORE JANUARY
1, 1981, (H) 0.920 OF 1 PER CENTUM OF THE AMOUNT OF SELF-EMPLOYMENT
INCOME (AS SO DEFINED) SO REPORTED FOR ANY TAXABLE YEAR BEGINNING AFTER
DECEMBER 31, 1980, AND BEFORE JANUARY 1, 1986, (I) 0.990 OF 1 PER CENTUM
OF THE AMOUNT OF SELF-EMPLOYMENT INCOME (AS SO DEFINED) SO REPORTED FOR
ANY TAXABLE YEAR BEGINNING AFTER DECEMBER 31, 1985, AND BEFORE JANUARY
1, 2011, AND (J) 1 PER CENTUM OF THE AMOUNT OF SELF-EMPLOYMENT INCOME
(AS SO DEFINED) SO REPORTED FOR ANY TAXABLE YEAR BEGINNING AFTER
DECEMBER 31, 2010, WHICH SELF-EMPLOYMENT INCOME". //86 STAT. 1364. 42
USC 401.//
SEC. 8. (A) (1) SECTION 3 (E) OF THE FOOD STAMP ACT OF 1964 IS
AMENDED EFFECTIVELY ONLY FOR THE 6-MONTH PERIOD BEGINNING JANUARY 1,
1974 TO READ AS IT DID BEFORE AMENDMENT BY PUBLIC LAW 92 - 603 AND
PUBLIC LAW 93 - 86, BUT WITH THE ADDITION OF THE FOLLOWING NEW SENTENCE
AT THE END THEREOF: "FOR THE 6-MONTH PERIOD BEGINNING JANUARY 1, 1974
NO INDIVIDUAL, WHO RECEIVED SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER
TITLE XVI OF THE SOCIAL SECURITY ACT, STATE SUPPLEMENTARY PAYMENTS
DESCRIBED IN SECTION 1616 OF SUCH ACT, OR PAYMENTS OF THE TYPE REFERRED
TO IN SECTION 212 (A) OF PUBLIC LAW 93 - 66, SHALL BE CONSIDERED TO BE A
MEMBER OF A HOUSEHOLD OR AN ELDERLY PERSON FOR PURPOSES OF THIS ACT FOR
ANY MONTH DURING SUCH PERIOD, IF, FOR SUCH MONTH, SUCH INDIVIDUAL
RESIDES IN A STATE WHICH PROVIDES STATE SUPPLEMENTARY PAYMENTS (A) OF
THE TYPE DESCRIBED IN SECTION 1616 (A) OF THE SOCIAL SECURITY ACT, AND
(B) THE LEVEL OF WHICH HAS BEEN FOUND BY THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE TO HAVE BEEN SPECIFICALLY INCREASED SO AS TO
INCLUDE THE BONUS VALUE OF FOOD STAMPS.". //ANTE, P. 246. 86 STAT.
1329. 42 USC 401 NOTE. ANTE, P. 221. 42 USC 1381. 42 USC 1382E.
ANTE, P. 155.//
(2) SECTION 3 (B) OF PUBLIC LAW 93 - 86 SHALL NOT BE EFFECTIVE FOR
THE 6-MONTH PERIOD BEGINNING JANUARY 1, 1974. //ANTE, P. 246.//
(B) (1) SECTI-N 4 (C) OF PUBLIC LAW 93 - 86 SHALL NOT BE EFFECTIVE
FOR THE 6-MONTH PERIOD BEGINNING JANUARY 1, 1974.
(2) THE LAST SENTENCE OF SECTION 416 OF THE ACT OF OCTOBER 31, 1949
(AS ADDED BY SECTION 411 (G) OF PUBLIC LAW 92 - 603) SHALL NOT BE
EFFECTIVE FOR THE 6-MONTH PERIOD BEGINNING JANUARY 1, 1974. //86 STAT.
1492. 7 USC 1431.//
(3) FOR THE 6-MONTH PERIOD BEGINNING JANUARY 1, 1974, NO INDIVIDUAL
WHO RECEIVES SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER TITLE XVI OF
THE SOCIAL SECURITY ACT, STATE SUPPLEMENTARY PAYMENTS DESCRIBED IN
SECTION 1616 OF SUCH ACT, OR PAYMENTS OF THE TYPE REFERRED TO IN SECTION
212 (A) OF PUBLIC LAW 93 - 66, SHALL BE CONSIDERED TO BE A MEMBER OF A
HOUSEHOLD FOR ANY PURPOSE OF THE FOOD DISTRIBUTION PROGRAM FOR FAMILIES
UNDER SECTION 32 OF PUBLIC LAW 74 - 320, SECTION 416 OF THE AGRICULTURAL
ACT OF 1949, OR ANY OTHER LAW, FOR ANY MONTH DURING SUCH PERIOD, IF, FOR
SUCH MONTH, SUCH INDIVIDUAL RESIDES IN A STATE WHICH PROVIDES STATE
SUPPLEMENTARY PAYMENTS (A) OF THE TYPE DESCRIBED IN SECTION 1616 (A) OF
THE SOCIAL SECURITY ACT, AND (B) THE LEVEL OF WHICH HAS BEEN FOUND BY
THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE TO HAVE BEEN
SPECIFICALLY INCREASED SO AS TO INCLUDE THE BONUS VALUE OF FOOD STAMPS.
//86 STAT. 1465. 42 USC 1381. 42 USC 1382E. ANTE, P. 155. 49 STAT.
774. 7 USC 612C. 68 STAT. 458. 7 USC 1431.//
(C) FOR PURPOSES OF THE LAST SENTENCE OF SECTION 3 (E) OF THE FOOD
STAMP ACT OF 1964 (AS AMENDED BY SUBSECTION (A) OF THIS SECTION) AND
SUBSECTIONS (B) (3) AND (F) OF THIS SECTION, THE LEVEL OF STATE
SUPPLEMENTARY PAYMENT UNDER SECTION 1616 (A) SHALL BE FOUND BY THE
SECRETARY TO HAVE BEEN SPECIFICALLY INCREASED SO AS TO INCLUDE THE BONUS
VALUE OF FOOD STAMPS (1) ONLY IF, PRIOR TO OCTOBER 1, 1973, THE STATE
HAS ENTERED INTO AN AGREEMENT WITH THE SECRETARY OR TAKEN OTHER POSITIVE
STEPS WHICH DEMONSTRATE ITS INTENTION TO PROVIDE SUPPLEMENTARY PAYMENTS
UNDER SECTION 1616 (A) AT A LEVEL WHICH IS AT LEASE EQUAL TO THE MAXIMUM
LEVEL WHICH CAN BE DETERMINED UNDER SECTION 401 (B) (1) OF THE SOCIAL
SECURITY AMENDMENTS OF 1972 AND WHICH IS SUCH THAT THE LIMITATION ON
STATE FISCAL LIABILITY UNDER SECTION 401 DOES NOT RESULT IN A REDUCTION
IN THE AMOUNT WHICH WOULD OTHERWISE BE PAYABLE TO THE
SE RETARY BY THE STATE, AND SECRETARY BY THE STATE, AND (2) ONLY WITH
RESPECT TO SUCH MONTHS AS THE STATE MAY, AT ITS OPTION, ELECT. //ANTE,
P. 956. 86 STAT. 1486. 42 USC 1382E//
(D) SECTION 401 (B) (1) OF THE SOCIAL SECURITY AMENDMENTS OF 1972 IS
AMENDED BY STRIKING OUT EVERYTHING AFTER THE WORD "EXCEED" AND INSERTING
IN LIEU THEREOF: "A PAYMENT LEVEL MODIFICATION (AS DEFINED IN PARAGRAPH
(2) OF THIS SUBSECTION) WITH RESPECT TO SUCH PLANS."
(E) THE AMENDMENT MADE BY SUBSECTION (D) SHALL BE EFFECTIVE ONLY FOR
THE 6-MONTH PERIOD BEGINNING JANUARY 1, 1974, EXCEPT THAT SUCH AMENDMENT
SHALL NOT DURING SUCH PERIOD, BE EFFECTIVE IN ANY STATE WHICH PROVIDES
SUPPLEMENTARY PAYMENTS OF THE TYPE DESCRIBED IN SECTION 1616 (A) OF THE
SOCIAL SECURITY ACT THE LEVEL OF WHICH HAS BEEN FOUND BY THE SECRETARY
TO HAVE BEEN SPECIFICALLY INCREASED SO AS TO INCLUDE THE BONUS VALUE OF
FOOD STAMPS.
SEC. 9. SECTION 1614 (A) (3) OF THE SOCIAL SECURITY ACT IS AMENDED--
//86 STAT. 1471. 42 USC 1382C.//
(1) BY STRIKING OUT THE LAST SENTENCE OF SUBPARAGRAPH (A); AND
(2) BY INSERTING AT THE END THEREOF THE FOLLOWING NEW
SUBPARAGRAPHS:
"(E) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (A)
THROUGH (D), AN INDIVIDUAL SHALL ALSO BE CONSIDERED TO BE DISABLED
FOR THE PURPOSES OF THIS TITLE IF HE IS PERMANENTLY AND TOTALLY
DISABLED AS DEFINED UNDER A STATE PLAN APPROVED UNDER TITLE XIV OR
XVI AS IN EFFECT FOR OCTOBER 1972 AND RECEIVED AID UNDER SUCH PLAN
(ON THE BASIS OF DISABILITY) FOR DECEMBER 1973 (AND FOR AT LEASE
ONE MONTH PRIOR TO JULY 1973), SO LONG AS HE IS CONTINUOUSLY
DISABLED AS SO DEFINED.". //64 STAT. 555; 86 STAT. 1484. 42
USC 1351, 1381.//
SEC. 10. (A) SECTION 212 (A) (3) (A) OF PUBLIC LAW 93 - 66 IS
AMENDED BY STRIKING OUT "SUBPARAGRAPH (D)" AND INSERTING IN LIEU THEREOF
"SUBPARAGRAPHS (D) AND (E)". //ANTE, P. 155.//
(B) SECTION 212 (A) (3) OF PUBLIC LAW 93 - 66 IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW SUBPARAGRAPH:
"(E) (I) IN THE CASE OF AN INDIVIDUAL WHO, FOR DECEMBER 1973 LIVED AS
A MEMBER OF A FAMILY UNIT OTHER MEMBERS OF WHICH RECEIVED AID (IN THE
FORM OF MONEY PAYMENTS) UNDER A STATE PLAN OF A STATE APPROVED UNDER
PART A OF TITLE IV OF THE SOCIAL SECURITY ACT, SUCH STATE AT ITS OPTION,
MAY (SUBJECT TO CLAUSE (II)) REDUCE SUCH INDIVIDUAL'S DECEMBER 1973
INCOME (AS DETERMINED UNDER SUBPARAGRAPH (B)) TO SUCH EXTENT AS MAY BE
NECESSARY TO CAUSE THE SUPPLEMENTARY PAYMENT (REFERRED TO IN PARAGRAPH
(2)) PAYABLE TO SUCH INDIVIDUAL FOR JANUARY 1974 OR ANY MONTH THEREAFTER
TO BE REDUCED TO A LEVEL DESIGNED TO ASSURE THAT THE TOTAL INCOME OF
SUCH INDIVIDUAL (AND OF THE MEMBERS OF SUCH FAMILY UNIT) FOR ANY MONTH
AFTER DECEMBER 1973 DOES NOT EXCEED THE TOTAL INCOME OF SUCH INDIVIDUAL
(AND OF THE MEMBERS OF SUCH FAMILY UNIT) FOR DECEMBER 1973. //42 USC
601.//
"(II) THE AMOUNT OF THE REDUCTION (UNDER CLAUSE (I)) OF ANY
INDIVIDUAL'S DECEMBER 1973 INCOME SHALL NOT BE IN AN AMOUNT WHICH WOULD
CAUSE THE SUPPLEMENTARY PAYMENT (REFERRED TO IN PARAGRAPH (2)) PAYABLE
TO SUCH INDIVIDUAL TO BE REDUCED BELOW THE AMOUNT OF SUCH SUPPLEMENTARY
PAYMENT WHICH WOULD BE PRYABLE TO SUCH INDIVIDUAL IF HE HAD, FOR THE
MONTH OF DECEMBER 1973 NOT LIVED IN A FAMILY, MEMBERS OF WHICH WERE
RECEIVING AID UNDER PART A OF THE TITLE IV OF THE SOCIAL SECURITY ACT,
AND HAD HAD NO INCOME FOR SUCH MONTH OTHER THAN THAT RECEIVED AS AID OR
ASSISTANCE UNDER A STATE PLAN APPROVED UNDER TITLE I, X, XIV, OR XVI OF
THE SOCIAL SECURITY ACT." //86 STAT. 1484, 1465. 42 USC 301, 1201,
1351, 1381.//
SEC. 11. (A) IF ANY STATE (OTHER THAN THE COMMONWEALTH OF PUERTO
RICO, THE VIRGIN ISLANDS, OR GUAM) HAS ANY EXPERIMENTAL, PILOT, OR
DEMONSTRATION PROJECT (REFERRED TO IN SECTION 1115 OF THE SOCIAL
SECURITY ACT-- 10 (1) WHICH (PRIOR TO OCTOBER 1, 1973) HAS BEEN APPROVED
BY THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE (HEREINAFTER IN THIS
SECTION REFERRED TO AS THE "SECRETARY"), FOR A PERIOD WHICH ENDS
ON OR AFTER DECEMBER 31, 1973, AS BEING A PROJECT WITH RESPECT TO
WHICH THE AUTHORITY CONFERRED UPON HIM BY SUBSECTION (A) OR (B) OF
SUCH SECTION 1115 WILL BE EXERCISED, //76 STAT. 192. 42 USC
1315.// AND
(2) WITH RESPECT TO THE COSTS OF WHICH FEDERAL FINANCIAL
PARTICIPATION WOULD (EXCEPT FOR THE PROVISIONS OF THIS SECTION) BE
DENIED OR REDUCED ON ACCOUNT OF THE ENACTMENT OF SECTION 301 OF
THE SOCIAL SECURITY AMENDMENTS OF 1972,
THEN, FOR ANY PERIOD (AFTER DECEMBER 31, 1973) //86 STAT. 1465. 42 USC
1381 AND NOTE.// WITH RESPECT TO WHICH SUCH PROJECT IS APPROVED BY THE
SECRETARY, FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF SUCH PROJECT
SHALL BE CONTINUED IN LIKE MANNER AS IF--
(3) SUCH SECTION 301 HAD NOT BEEN ENACTED, AND
(4) SUCH STATE (FOR THE MONTH OF JANUARY 1974 AND ANY MONTH
THEREAFTER) CONTINUED TO HAVE IN EFFECT THE STATE PLAN (APPROVED
UNDER TITLE XVI) WHICH WAS IN EFFECT FOR THE MONTH OF OCTOBER
1973, OR THE STATE PLANS (APPROVED UNDER TITLES I, X, AND XIV OF
THE SOCIAL SECURITY ACT) WHICH WERE IN EFFECT FOR SUCH MONTH, AS
THE CASE MAY BE.
(B) WITH RESPECT TO INDIVIDUALS--
(1) WHO ARE PARTICIPANTS IN ANY PROJECT TO WHICH THE PROVISIONS
OF SUBSECTION (A) ARE APPLICABLE, AND
(2) WITH RESPECT TO WHOM SUPPLEMENTAL SECURITY INCOME BENEFITS
ARE (OR WOULD, EXCEPT FOR THEIR PARTICIPATION IN SUCH PROJECT, BE)
PAYABLE UNDER TITLE XVI OF THE SOCIAL SECURITY ACT, OR WHO MEET
THE REQUIREMENTS FOR AID OR ASSISTANCE UNDER A STATE PLAN APPROVED
UNDER TITLE I, X, XIV, OR XVI OF THE SOCIAL SECURITY ACT OF THE
STATE IN WHICH SUCH PROJECT IS CONDUCTED (AS SUCH STATE PLAN WAS
IN EFFECT FOR JULY 1973), //86 STAT. 1481, 1465.//
THE SECRETARY MAY WAIVE SUCH REQUIREMENTS OF TITLE XVI OF SUCH ACT (AS
ENACTED BY SECTION 301 OF THE SOCIAL SECURITY AMENDMENTS OF 1972) TO
SUCH EXTENT AS HE DETERMINES TO BE NECESSARY TO THE SUCCESSFUL OPERATION
OF SUCH PROJECT. //42 USC 301, 1201, 1351, 1381. 86 STAT. 1465. 42
USC 1381.//
(C) IN THE CASE OF ANY STATE WHICH HAS ENTERED INTO AN AGREEMENT WITH
THE SECRETARY UNDER SECTION 1616 OF THE SOCIAL SECURITY ACT (OR WHICH IS
DEEMED, UNDER SECTION 212 (D) OF PUBLIC LAW 93 - 66, TO HAVE ENTERED
INTO SUCH AN AGREEMENT), THEN, OF THE COSTS OF ANY PROJECT OF SUCH STATE
WITH RESPECT TO WHICH THERE IS (SOLELY BY REASON OF THE PROVISIONS OF
SUBSECTION (A)) FEDERAL FINANCIAL PARTICIPATION, THE NON-FEDERAL SHARE
THEREOF SHALL-- //ANTE, P. 157.//
(1) BE PAID, FROM TIME TO TIME, TO SUCH STATE BY THE SECRETARY,
AND
(2) SHALL, FOR PURPOSES OF SECTION 1616 (D) OF THE SOCIAL
SECURITY ACT AND SECTION 401 OF THE SOCIAL SECURITY AMENDMENTS OF
1972, BE TREATED IN LIKE MANNER AS IF SUCH NON-FEDERAL SHARE WERE
SUPPLEMENTARY PAYMENTS MADE BY THE SECRETARY ON BEHALF OF SUCH
STATE PURSUANT TO SUCH AGREEMENT. //86 STAT. 1474, 1485. 42
USC 1382E, 1382E NOTE.//
SEC. 12. (A) SUBJECT TO SUBSECTION (B), NO REGULATION AND NO
MODIFICATION OF ANY REGULATION, PROMULGATED BY THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE (HEREINAFTER REFERRED TO AS THE "SECRETARY")
AFTER JANUARY 1, 1973, SHALL BE EFFECTIVE FOR ANY PERIOD WHICH BEGINS
PRIOR TO JANUARY 1, 1975, IF (AND INSOFAR AS) SUCH REGULATIONS OR
MODIFICATION OF A REGULATION PERTAINS (DIRECTLY OR INDIRECTLY) TO THE
PROVISIONS OF LAW CONTAINED IN SECTIONS 3 (A) (4) (A), 402 (A) (19) (G),
403 (A) (3) (A), 603 (A) (1) (A), 1003 (A) (3) (A), 1403 (A) (3) (A), OR
1603 (A) (4) (A), OF THE SOCIAL SECURITY ACT.
(B) (1) THE PROVISIONS OF SUBSECTION (A) SHALL NOT BE APPLICABLE TO
ANY REGULATION RELATING TO "SCOPE OF PROGRAMS", IF SUCH REGULATION IS
IDENTICAL (EXCEPT AS PROVIDED IN THE SUCCEEDING SENTENCE) TO THE
PROVISIONS OF SECTION 221.0 OF THE REGULATIONS (RELATING TO SOCIAL
SERVICES) PROPOSED BY THE SECRETARY AND PUBLISHED IN THE FEDERAL
REGISTER ON MAY 1, 1973. THERE SHALL BE DELETED FROM THE FIRST SENTENCE
OF SUBSECTION (B) OF SUCH SECTION 221.0 THE PHRASE "MEETS ALL THE
APPLICABLE REQUIREMENTS OF THIS PART AND". //42 USC 303, 602, 603, 803,
1203, 1353, 1383. 38 FR 10783.//
(2) THE PROVISIONS OF SUBSECTION (A) SHALL NOT BE APPLICABLE TO ANY
REGULATION RELATING TO "LIMITATIONS ON TOTAL AMOUNT OF FEDERAL FUNDS
PAYABLE TO STATES FOR SERVICES", IF SUCH REGULATION IS IDENTICAL (EXCEPT
AS PROVIDED IN THE SUCCEEDING SENTENCE) TO THE PROVISIONS OF SECTION
221.55 OF THE REGULATIONS SO PROPOSED AND PUBLISHED ON MAY 1, 1973.
THERE SHALL BE DELETED FROM SUBSECTION (D) (1) OF SUCH SECTION 221.55
THE PHRASE "(AS DEFINED UNDER DAY CARE SERVICES FOR CHILDREN)"; AND, IN
LIEU OF THE SENTENCE CONTAINED IN SUBSECTION (D) (5) OF SUCH SECTION
221.55, THERE SHALL BE INSERTED THE FOLLOWING: //38 FR. 10787.//
"SERVICES PROVIDED TO A CHILD WHO IS UNDER FOSTER CARE IN A FOSTER
FAMILY HOME (AS DEFINED IN SECTION 408 OF THE SOCIAL SECURITY ACT) OR IN
A CHILDCARE INSTITUTION (AS DEFINED IN SUCH SECTION), OR WHILE AWAITING
PLACEMENT IN SUCH A HOME OR INSTITUTION, BUT ONLY IF SUCH SERVICES ARE
NEEDED BY SUCH CHILD BECAUSE HE IS UNDER FOSTER CARE.". //75 STAT. 76;
81 STAT. 880, 892. 42 USC 608.//
(3) THE PROVISIONS OF SUBSECTION (A) SHALL NOT BE APPLICABLE TO ANY
REGULATION RELATING TO "RATES AND AMOUNTS OF FEDERAL FINANCIAL
PARTICIPATION FOR PUERTO RICO, THE VIRGIN ISLANDS, AND GUAM", IF SUCH
REGULATION IS IDENTICAL TO THE PROVISIONS OF SECTION 221.56 OF THE
REGULATIONS SO PROPOSED AND PUBLISHED ON MAY 1, 1973. //38 FR.
10788.//
(4) THE PROVISIONS OF SUBSECTION (A) SHALL NOT BE CONSTRUED TO
PRECLUDE THE SECRETARY FROM MAKING ANY MODIFICATION IN ANY REGULATION
(DESCRIBED IN SUBSECTION (A)) IF SUCH MODIFICATION IS TECHNICALLY
NECESSARY TO TAKE ACCOUNT OF THE ENACTMENT OF SECTION 301 OR 302 OF THE
SOCIAL SECURITY AMENDMENTS OF 1972.
(C) NOTWITHSTANDING THE PROVISIONS OF SECTION 553 (D) OF TITLE 5,
UNITED STATES CODE, ANY REGULATION DESCRIBED IN SUBSECTION (B) MAY
BECOME EFFECTIVE UPON THE DATE OF ITS PUBLICATION IN THE FEDERAL
REGISTER. //86 STAT. 1465, 1478. 42 USC 1381 AND NOTE, 801 AND NOTE.
80 STAT. 383.//
SEC. 13. (A) (1) SECTION 1901 OF THE SOCIAL SECURITY ACT (AS AMENDED
BY PUBLIC LAW 92 - 603) IS AMENDED BY STRIKING OUT "PERMANENTLY AND
TOTALLY DISABLED" AND INSERTING "DISABLED" IN LIEU THEREOF. //79 STAT.
343. 42 USC 1396.//
(2) SECTION 1902 (A) (5) OF SUCH ACT IS AMENDED BY--
(A) STRIKING OUT "TO ADMINISTER THE PLAN," AND INSERTING IN
LIEU THEREOF "TO ADMINISTER OR TO SUPERVISE THE ADMINISTRATION OF
THE PLAN;" AND BY STRIKING OUT "TO SUPERVISE THE ADMINISTRATION OF
THE PLAN" AND INSERTING "TO ADMINISTER OR TO SUPERVISE THE
ADMINISTRATION OF THE PLAN" IN LIEU THEREOF; AND
(B) STRIKING OUT "XVI (INSOFAR AS IT RELATES TO THE AGED)" AND
INSERTING "XVI (INSOFAR AS IT RELATES TO THE AGED) IF THE STATE IS
ELIGIBLE TO PARTICIPATE IN THE STATE PLAN PROGRAM ESTABLISHED
UNDER TITLE XVI, OR BY THE AGENCY OR AGENCIES ADMINISTERING THE
SUPPLEMENTAL SECURITY INCOME PROGRAM ESTABLISHED UNDER TITLE XVI
OR THE STATE PLAN APPROVED UNDER PART A OF TITLE IV IF THE STATE
IS NOT ELIGIBLE TO PARTICIPATE IN THE STATE PLAN PROGRAM
ESTABLISHED UNDER TITLE XVI" IN LIEU THEREOF. //79 STAT. 334. 42
USC 1396A. 42 USC 1381. 42 USC 601.//
(3) SECTION 1902 (A) (10) OF SXCH ACT IS AMENDED TO READ AS
FOLLOWS: "(10) PROVIDE--
"(A) FOR MAKING MEDICAL ASSISTANCE AVAILABLE TO ALL INDIVIDUALS
RECEIVING AID OR ASSISTANCE UNDER ANY PLAN OF THE
STATE APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF
STATE APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF INCOME
BENEFITS ARE BEING PAID UNDER TITLE XVI;
"(B) THAT THE MEDICAL ASSISTANCE MADE AVAILABLE TO ANY
INDIVIDUAL DESCRIBED IN CLAUSE (A)--
"(I) SHALL NOT BE LESS IN AMOUNT, DURATION, OR SCOPE THAN THE
MEDICAL ASSISTANCE MADE AVAILABLE TO ANY OTHER SUCH INDIVIDUAL,
AND
"(II) SHALL NOT BE LESS IN AMOUNT, DURATION, OR SCOPE THAN THE
MEDICAL ASSISTANCE MADE AVAILABLE TO INDIVIDUALS NOT DESCRIBED IN
CLAUSE (A); //42 USC 301, 1201, 1351, 1381, 601.// AND
"(C) IF MEDICAL ASSISTANCE IS INCLUDED FOR ANY GROUP OF
INDIVIDUALS WHO ARE NOT DESCRIBED IN CLAUSE (A) AND WHO
7 DO NOT MEET THE INCOME AND RESOURCES REQUIREMENTS OF THE
APPROPRIATE STATE PLAN, OR THE SUPPLEMENTAL SECURITY INCOME
PROGRAM UNDER TITLE XVI, AS THE CASE MAY BE, AS DETERMINED IN
ACCORDANCE WITH STANDARDS PRESCRIBED BY THE SECRETARY--
"(I) FOR MAKING MEDICAL ASSISTANCE AVAILABLE TO ALL INDIVIDUALS
WHO WOULD, EXCEPT FOR INCOME AND RESOURCES, BE ELIGIBLE FOR AID OR
ASSISTANCE UNDER ANY SUCH STATE PLAN OR TO HAVE PAID WITH RESPECT
TO THEM SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER TITLE XVI, AND
WHO HAVE INSUFFICIENT (AS DETERMINED IN ACCORDANCE WITH COMPARABLE
STANDARDS) INCOME AND RESOURCES TO MEET THE COSTS OF NECESSARY
MEDICAL AND REMEDIAL CARE AND SERVICES, AND
ASDFASDFASDFASDF
"(II) THAT THE MEDICAL ASSISTANCE MADE AVAILABLE TO ALL
INDIVIDUALS NOT DESCRIBED IN CLAUSE (A) SHALL BE EQUAL IN AMOUNT,
DURATION, AND SCOPE; EXCEPT THAT (I) THE MAKING AVAILABLE OF THE
SERVICES DESCRIBED IN PARAGRAPH (4), (14), OR (16) OF SECTION 1905
(A) TO INDIVIDUALS MEETING THE AGE REQUIREMENTS PRESCRIBED THEREIN
SHALL NOT, BY REASON OF THIS PARAGRAPH (10), REQUIRE THE MAKING
AVAILABLE OF ANY SUCH SERVICES, OR THE MAKING AVAILABLE OF SUCH
SERVICES OF THE SAME AMOUNT, DURATION, AND SCOPE, TO INDIVIDUALS
OF ANY OTHER AGES, (II) THE MAKING AVAILABLE OF SUPPLEMENTARY
MEDICAL INSURANCE BENEFITS UNDER PART B OF TITLE XVIII TO
INDIVIDUALS ELIGIBLE THEREFOR (EITHER PURSUANT TO AN AGREEMENT
ENTERED INTO UNDER SECTION 1843 OR BY REASON OF THE PAYMENT OF
PREMIUMS UNDER SUCH TITLE BY THE STATE AGENCY ON BEHALF OF SUCH
INDIVIDUALS), OR PROVISION FOR MEETING PART OF ALL OF THE COST OF
DEDUCTIBLES, COST SHARING, OR SIMILAR CHARGES UNDER PART B OF
TITLE XVIII FOR INDIVIDUALS ELIGIBLE FOR BENEFITS UNDER SUCH PART,
SHALL NOT, BY REASON OF THIS PARAGRAPH (10), REQUIRE THE MAKING
AVAILABLE OF ANY SUCH BENEFITS, OR THE MAKING AVAILABLE OF
SERVICES OF THE SAME AMOUNT, DURATION, AND SCOPE, TO ANY OTHER
INDIVIDUALS, AND (III) THE MAKING AVAILABLE OF MEDICAL ASSISTANCE
EQUAL IN AMOUNT, DURATION, AND SCOPE TO THE MEDICAL ASSISTANCE
MADE AVAILABLE TO INDIVIDUALS DESCRIBED IN CLAUSE (A) TO ANY
CLASSIFICATION OF INDIVIDUALS APPROVED BY THE SECRETARY WITH
RESPECT TO WHOM THERE IS BEING PAID, OR WHO ARE ELIGIBLE, OR WOULD
BE ELIGIBLE IF THEY WERE NOT IN MEDICAL INSTITUTION, TO HAVE PAID
WITH RESPECT TO THEM, A STATE SUPPLEMENTARY PAYMENT SHALL NOT, BY
REASON OF THIS PARAGRAPH (10), REQUIRE THE MAKING AVAILABLE OF ANY
SUCH ASSISTANCE, OR THE MAKING AVAILABLE OF SUCH ASSISTANCE OF THE
SAME AMOUNT, DURATION, AND SCOPE, TO ANY OTHER INDIVIDUALS NOT
DESCRIBED IN CLAUSE (A);". //42 USC 1396D. 42 USC 1395J. 42 USC
1395V.//
(4) SECTION 1902 (A) (13) (B) OF SUCH ACT IS AMENDED BY STRIKING OUT
"THE STATE'S PLAN APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF
TITLE IV" AND INSERTING "ANY PLAN OF THE STATE APPROVED UNDER TITLE I,
X, XIV, OR XVI, OR PART A OF TITLE IV, OR WITH RESPECT TO WHOM
SUPPLEMENTAL SECURITY INCOME BENEFITS ARE BEING PAID UNDER TITLE XVI" IN
LIEU THEREOF. //81 STAT. 902. 42 USC 1396A. 42 USC 301, 1201, 1351,
1381, 601.//
(5) SECTION 1902 (A) (14) (A) OF SUCH ACT IS AMENDED BY STRIKING OUT
"A STATE PLAN APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF TITLE
IV, OR WHO MEET THE INCOME AND RESOURCES REQUIREMENTS OF THE ONE OF SUCH
STATE PLANS WHICH IS APPROPRIATE" AND INSERTING "ANY PLAN OF THE STATE
APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF TITLE IV, OR WITH
RESPECT TO WHOM SUPPLEMENTAL SECURITY INCOME BENEFITS ARE BEING PAID
UNDER TITLE XVI, OR WHO MEET THE INCOME AND RESOURCES REQUIREMENTS OF
THE APPROPRIATE STATE PLAN, OR THE SUPPLEMENTAL SECURITY INCOME PROGRAM
UNDER TITLE XVI, AS THE CASE MAY BE, AND INDIVIDUALS WITH RESPECT TO
WHOM THERE IS BEING PAID, OR WHO ARE ELIGIBLE, OR WOULD BE ELIGIBLE IF
THEY WERE NOT IN A MEDICAL INSTITUTION, TO HAVE PAID WITH RESPECT TO
THEM, A STATE SUPPLEMENTARY PAYMENT AND ARE ELIGIBLE FOR MEDICAL
ASSISTANCE EQUAL IN AMOUNT, DURATION, AND SCOPE TO THE MEDICAL
ASSISTANCE MADE AVAILABLE TO INDIVIDUALS DESCRIBED IN PARAGRAPH (10)
(A)" IN LIEU THEREOF. //86 STAT. 1381.//
(6) SECTION 1902 (A) (14) (B) OF SUCH ACT IS AMENDED BY--
(A) INSERTING "(OTHER THAN INDIVIDUALS WITH RESPECT TO WHOM
THERE IS BEING PAID, OR WHO ARE ELIGIBLE OR WOULD BE ELIGIBLE IF
THEY WERE NOT IN A MEDICAL INSTITUTION, TO HAVE PAID WITH RESPECT
TO THEM, A STATE SUPPLEMENTARY PAYMENT AND ARE ELIGIBLE FOR
MEDICAL ASSISTANCE EQUAL IN AMOUNT, DURATION, AND SCOPE TO THE
MEDICAL ASSISTANCE MADE AVAILABLE TO INDIVIDUALS DESCRIBED IN
PARAGRAPH (10) (A))" IMMEDIATELY AFTER "WITH RESPECT TO
INDIVIDUALS";
(B) INSERTING "AND WITH RESPECT TO WHOM SUPPLEMENTAL SECURITY
INCOME BENEFITS ARE NOT BEING PAID UNDER TITLE XVI" IMMEDIATELY
AFTER "ANY SUCH STATE PLAN"; //42 USC 1381.//
(C) STRIKING OUT "THE ONE OF SUCH STATE PLANS WHICH IS
APPROPRIATE" AND INSERTING "THE APPROPRIATE STATE PLAN, OR THE
SUPPLEMENTAL SECURITY INCOME PROGRAM UNDER TITLE XVI, AS THE CASE
MAY BE," IN LIEU THEREOF; AND
(D) STRIKING OUT "OR WHO, AFTER DECEMBER 31, 1973, ARE INCLUDED
UNDER THE STATE PLAN FOR MEDICAL ASSISTANCE PURSUANT TO SECTION
1902 (A) (10) (B) APPROVED UNDER TITLE XIX".
(7) SECTION 1902 (A) (17) OF SUCH ACT IS AMENDED BY--
(A) STRIKING OUT "THE STATE'S PLAN APPROVED UNDER TITLE I, X,
XIV, OR XVI, OR PART A OF TITLE IV" AND INSERTING "ANY PLAN OF THE
STATE APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF TITLE
IV, AND WITH RESPECT TO WHOM SUPPLEMENTAL SECURITY INCOME BENEFITS
ARE NOT BEING PAID UNDER TITLE XVI" IN LIEU THEREOF; //42 USC
301, 1201, 1351, 1381, 601.//
(B) STRIKING OUT "IF HE MET THE REQUIREMENTS AS TO NEED; AND
INSERTING "EXCEPT FOR INCOME AND RESOURCES" IN LIEU THEREOF;
(C) STRIKING OUT "A STATE PLAN APPROVED UNDER TITLE I, X, XIV,
OR XVI, OR PART A OF TITLE IV" AND INSERTING "ANY PLAN OF THE
STATE APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF TITLE
IV, OR TO HAVE PAID WITH RESPECT TO HIM SUPPLEMENTAL SECURITY
INCOME BENEFITS UNDER TITLE XVI" IN LIEU THEREOF; AND
(D) STRIKING OUT "AND AMOUNT OF SUCH AID OR ASSISTANCE UNDER
SUCH PLAN" AND INSERTING "SUCH AID, ASSISTANCE, OR BENEFITS" IN
LIEU THEREOF.
(8) SECTIONS 1902 (A) (17) AND 1902 (A) (18) ARE EACH AMENDED BY
STRIKING OUT "IS BLIND OR PERMANENTLY AND TOTALLY DISABLED" AND
INSERTING "(WITH RESPECT TO STATES ELIGIBLE TO PARTICIPATE IN THE STATE
PROGRAM ESTABLISHED UNDER TITLE XVI), IS BLIND OR PERMANENTLY AND
TOTALLY DISABLED, OR IS BLIND OR DISABLED AS DEFINED IN SECTION 1614
(WITH RESPECT TO STATES WHICH ARE NOT ELIGIBLE TO PARTICIPATE IN SUCH
PROGRAM)" IN LIEU THEREOF.
(9) SECTION 1902 (A) (20) (C) OF SUCH ACT IS AMENDED BY INSERTING ",
SECTION 603 (A) (1) (A) (I) AND (II)," IMMEDIATELY AFTER "SECTION 3 (A)
(4) (A) (I) AND (II)". //42 USC 803. 42 USC 303. 86 STAT. 1381. 42
USC 1396A.//
(10) SECTION 1902 (F) OF SUCH ACT IS AMENDED BY--
(A) INSERTING "NOT ELIGIBLE TO PARTICIPATE IN THE STATE PLAN
PROGRAM ESTABLISHED UNDER TITLE XVI" IMMEDIATELY AFTER "STATE" THE
FIRST TIME IT APPEARS THEREIN'
(B) STRIKING OUT "SUCH INDIVIDUAL'S PAYMENT UNDER TITLE XVI"
AND INSERTING "ANY SUPPLEMENTAL SECURITY INCOME PAYMENT AND STATE
SUPPLEMENTARY PAYMENT MADE WITH RESPECT TO SUCH INDIVIDUAL" IN
LIEU THEREOF;
(C) STRIKING OUT "AS DEFINED IN SECTION 213 OF THE INTERNAL
REVENUE CODE OF 1954" AND INSERTING "AS RECOGNIZED UNDER STATE
LAW" IN LIEU THEREOF; AND
(D) INSERTING AT THE END THEREOF THE FOLLOWING NEW SENTENCES:
"IN STATES WHICH PROVIDE MEDICAL ASSISTANCE TO INDIVIDUALS
PURSUANT TO CLAUSE (10) (C) OF SUBSECTION (A) OF THIS SECTION, AN
INDIVIDUAL WHO IS ELIGIBLE FOR MEDICAL ASSISTANCE BY REASON OF THE
REQUIREMENTS OF THIS SECTION CONCERNING THE DEDUCTION OF INCURRED
MEDICAL EXPENSES FROM INCOME SHALL BE CONSIDERED AN INDIVIDUAL
ELIGIBLE FOR MEDICAL ASSISTANCE UNDER CLAUSE (10) (A) OF THAT
S SECTION IF THAT INDIVIDUAL IS, OR IS ELIGIBLE TO BE (1) AN
INDIVIDUAL - ITH RESPECT
SUBSECTION IF THAT INDIVIDUAL IS, OR IS ELIGIBLE TO BE (1) AN
INDIVIDUAL WITH RESPECT TO WHOM THERE IS PAYABLE A STATE
SUPPLEMENTARY PAYMENT ON THE BASIS OF WHICH SIMILARLY SITUATED
INDIVIDUALS ARE ARE ELIGIBLE TO RECEIVE MEDICAL ASSISTANCE EQUAL
IN AMOUNT, DURATION, AND SCOPE TO THAT PROVIDED TO INDIVIDUALS
ELIGIBLE UNDER CLAUSE (10) (A), OR (2) AN ELIGIBLE INDIVIDUAL OR
ELIGIBLE SPOUSE, AS DEINED IN TITLE XVI, WITH RESPECT TO WHOM
SUPPLEMENTAL SECURITY INCOME BENEFITS ARE PAYABLE; OTHERWISE THAT
INDIVIDUAL SHALL BE CONSIDERED TO BE AN INDIVIDUAL ELIGIBLE FOR
MEDICAL ASSISTANCE UNDER CLAUSE (10) (C) OF THAT SUBSECTION. IN
STATES WHICH DO NOT PROVIDE MEDICAL ASSISTANCE TO INDIVIDUALS
PURSUANT TO CLAUSE (10) (C) OF THAT SUBSECTION, AN INDIVIDUAL WHO
IS ELIGIBLE FOR MEDICAL ASSISTANCE BY REASON OF THE REQUIREMENTS
OF THIS SECTION CONCERNING THE DEDUCTION OF INCURRED MEDICAL
EXPENSES FROM INCOME SHALL BE CONSIDERED AN INDIVIDUAL ELIGIBLE
FOR MEDICAL ASSISTANCE UNDER CLAUSE (10) (A) OF THAT SUBSECTION.".
//86 STAT. 1465. 42 USC 1381.//
(11) SECTION 1903 (A) (1) OF SUCH ACT IS AMENDED BY STRIKING OUT
"INDIVIDUALS WHO ARE RECIPIENTS OF MONEY PAYMENTS UNDER A STATE PLAN
APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF TITLE IV" AND
INSERTING "INDIVIDUALS WHO ARE ELIGIBLE FOR MEDICAL ASSISTANCE UNDER THE
PLAN AND (A) ARE RECEIVING AID OR ASSISTANCE UNDER ANY PLAN OF THE STATE
APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF TITLE IV, OR WITH
RESPECT TO WHOM SUPPLEMENTAL SECURITY INCOME BENEFITS ARE BEING PAID
UNDER TITLE XVI, OR (B) WITH RESPECT TO WHOM THERE IS BEING PAID A STATE
SUPPLEMENTARY PAYMENT AND ARE ELIGIBLE FOR MEDICAL ASSISTANCE EQUAL IN
AMOUNT, DURATION, AND SCOPE TO THE MEDICAL ASSISTANCE MADE AVAILABLE TO
INDIVIDUALS DESCRIBED IN SECTION 1902 (A) (10) (A)" IN LIEU THEREOF.
//79 STAT. 349. 42 USC 1396B. 42 USC 301, 1201, 1351, 1381, 601.//
(12) SECTION 1903 (F) (4) OF SUCH ACT IS AMENDED TO READ AS FOLLOWS:
//42 USC 1396B.//
"(4) THE LIMITATIONS ON PAYMENT IMPOSED BY THE PRECEDING PROVISIONS
OF THIS SUBSECTION SHALL NOT APPLY WITH RESPECT TO ANY AMOUNT EXPENDED
BY A STATE AS MEDICAL ASSISTANCE FOR ANY INDIVIDUAL--
"(A) WHO IS RECEIVING AID OR ASSISTANCE UNDER ANY PLAN OF THE
STATE APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF TITLE
IV, OR WITH RESPECT TO WHOM SUPPLEMENTAL SECURITY INCOME BENEFITS
ARE BEING PAID UNDER TITLE XVI, OR
"(B) WHO IS NOT RECEIVING SUCH AID OR ASSISTANCE, AND WITH
RESPECT TO WHOM SUCH BENEFITS ARE NOT BEING PAID, BUT (I) IS
ELIGIBLE TO RECEIVE SUCH AID OR ASSISTANCE, OR TO HAVE SUCH
BENEFITS PAID WITH RESPECT TO HIM, OR (II) WOULD BE ELIGIBLE TO
RECEIVE SUCH AID OR ASSISTANCE, OR TO HAVE SUCH BENEFITS PAID WITH
RESPECT TO HIM IF HE WERE NOT IN A MEDICAL INSTITUTION, OR
"(C) WITH RESPECT TO WHOM THERE IS BEING PAID, OR WHO IS
ELIGIBLE, OR WOULD BE ELIGIBLE IF HE WERE NOT IN A MEDICAL
INSTITUTION, TO HAVE PAID WITH RESPECT TO HIM, A STATE
SUPPLEMENTARY PAYMENT AND IS ELIGIBLE FOR MEDICAL ASSISTANCE EQUAL
IN AMOUNT, DURATION, AND SCOPE TO THE MEDICAL ASSISTANCE MADE
AVAILABLE TO INDIVIDUALS DESCRIBED IN SECTION 1902 (A) (10) (A),
BUT ONLY IF THE INCOME OF SUCH INDIVIDUAL (AS DETERMINED UNDER
SECTION 1612, BUT WITHOUT REGARD TO SUBSECTION (B) THEREOF) DOES
NOT EXCEED 300 PERCENT OF THE SUPPLEMENTAL SECURITY INCOME BENEFIT
RATE ESTABLISHED BY SECTION 1611 (B) (1), //42 USC 1369A. 86
STAT. 1468. 42 USC 1382A. 42 USC 1382.//
AT THE TIME OF THE PROVISION OF THE MEDICAL ASSISTANCE GIVING RISE TO
SUCH EXPENDITURE."
(13) THE MATTER BEFORE CLAUSE (I) IN SECTION 1905 (A) OF SUCH ACT IS
AMENDED BY STRIKING OUT "INDIVIDUALS NOT RECEIVING AID OR ASSISTANCE
UNDER THE STATE'S PLAN APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A
OF TITLE IV" AND INSERTING "INDIVIDUALS (OTHER THAN INDIVIDUALS WITH
RESPECT TO WHOM THERE IS BEING PAID, OR WHO ARE ELIGIBLE, //42 USC
1396D.// OR WOULD BE ELIGIBLE IF THEY WERE NOT IN A MEDICAL INSTITUTION,
TO HAVE PAID WITH RESPECT TO THEM A STATE SUPPLEMENTARY PAYMENT AND ARE
ELIGIBLE FOR MEDICAL ASSISTANCE EQUAL IN AMOUNT, DURATION, AND SCOPE TO
THE MEDICAL ASSISTANCE MADE AVAILABLE TO INDIVIDUALS DESCRIBED IN
SECTION 1902 (A) (10) (A)) NOT RECEIVING AID OR ASSISTANCE UNDER ANY
PLAN OF THE STATE APPROVED UNDER TITLE I, X, XIV, OR XVI, OR PART A OF
TITLE IV, AND WITH RESPECT TO WHOM SUPPLEMENTAL SECURITY INCOME BENEFITS
ARE NOT BEING PAID UNDER TITLE XVI" IN LIEU THEREOF. //42 USC 301,
1201, 1351, 1381, 601. 42 USC 1395D.//
(14) SECTION 1905 (A) (IV) OF SUCH ACT IS AMENDED BY INSERTING "WITH
RESPECT TO STATES ELIGIBLE TO PARTICIPATE IN THE STATE PLAN PROGRAM
ESTABLISHED UNDER TITLE XVI," AT THE END THEREOF.
(15) SECTION 1905 (A) (V) OF SUCH ACT IS AMENDED BY STRIKING OUT "OR"
AND INSERTING "WITH RESPECT TO STATES ELIGIBLE TO PARTICIPATE IN THE
STATE PLAN PROGRAM ESTABLISHED UNDER TITLE XVI," IN LIEU THEREOF.
(16) SECTION 1905 (A) (VI) OF SUCH ACT IS AMENDED BY INSERTING "OR"
AT THE END THEREOF.
(17) SECTION 1905 (A) OF SUCH ACT IS FURTHER AMENDED BY INSERTING
IMMEDIATELY AFTER CLAUSE (VI) THE FOLLOWING NEW CLAUSE:
"(VII) BLIND OR DISABLED AS DEFINED IN SECTION 1614, WITH
RESPECT TO STATES NOT ELIGIBLE TO PARTICIPATE IN THE STATE PLAN
PROGRAM ESTABLISHED UNDER TITLE XVI,".
(18) SECTION 1905 OF SUCH ACT IS AMENDED BY INSERTING AT THE END
THEREOF THE FOLLOWING NEW SUBSECTIONS:
"(J) THE TERM 'STATE SUPPLEMENTARY PAYMENT' MEANS ANY CASH PAYMENT
MADE BY A STATE ON A REGULAR BASIS TO AN INDIVIDUAL WHO IS RECEIVING
SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER TITLE XVI OR WHO WOULD BUT
FOR HIS INCOME BE ELIGIBLE TO RECEIVE SUCH BENEFITS, AS ASSISTANCE BASED
ON NEED IN SUPPLEMENTATION OF SUCH BENEFITS (AS DETERMINED BY THE
SECRETARY), BUT ONLY TO THE EXTENT THAT SUCH PAYMENTS ARE MADE WITH
RESPECT TO AN INDIVIDUAL WITH RESPECT TO WHOM SUPPLEMENTAL SECURITY
INCOME BENEFITS ARE PAYABLE UNDER TITLE XVI, OR WOULD BUT FOR HIS INCOME
BE PAYABLE UNDER THAT TITLE.
"(K) INCREASED SUPPLEMENTAL SECURITY INCOME BENEFITS PAYABLE PURSUANT
TO SECTION 211 OF PUBLIC LAW 93 - 66 SHALL NOT BE CONSIDERED
SUPPLEMENTAL SECURITY INCOME BENEFITS PAYABLE UNDER TITLE XVI.".
//ANTE, P. 154.//
(B) (1) (A) CLAUSE (2) (A) OF SECTION 231 OF PUBLIC LAW 93 - 66 IS
AMENDED BY-- //ANTE, P. 159.//
(I) INSERTING "RECEIVED OR" IMMEDIATELY BEFORE "WOULD", AND
(II) STRIKING OUT "OR" AT THE END THEREOF AND INSERTING "AND)
IN LIEU THEREOF. (B) CLAUSE (2) (B) OF THAT SECTION IS AMENDED
BY--
(I) STRIKING OUT "WAS", AND
(II) STRIKING OUT "NEED FOR CARE IN SUCH INSTITUTION,
CONSIDERED TO BE ELIGIBLE FOR AID OR ASSISTANCE UNDER A STATE PLAN
(REFERRED TO IN SUBPARAGRAPH (A)) FOR PURPOSES OF DETERMINING HIS
ELIGIBILITY" AND INSERTING "STATUS AS DESCRIBED IN SUBPARAGRAPH
(A), WAS INCLUDED AS AN INDIVIDUAL ELIGIBLE" IN LIEU THEREOF.
(2) THE FIRST SENTENCE OF SECTION 232 OF PUBLIC LAW 93 - 66 IS
AMENDED BY-- //ANTE, P. 160.//
(A) STRIKING OUT "(UNDER THE PROVISIONS OF SUBPARAGRAPH (B) OF
SUCH SECTION)",
(B) STRIKING OUT "TO BE A PERSON DESCRIBED AS BEING A PERSON
WHO 'WOULD, IF NEEDY, BE ELIGIBLE FOR AID OR ASSISTANCE UNDER ANY
SUCH STATE PLAN' IN SUBPARAGRAPH (B) (I) OF SUCH SECTION" AND
INSERTING "FOR PURPOSES OF TITLE XIX TO BE AN INDIVIDUAL WHO IS
BLIND OR DISABLED WITHIN THE MEANING OF SECTION 1614 (A) OF THE
SOCIAL SECURITY ACT" IN LIEU THEREOF, //42 USC 1396. 42 USC
1382C.// AND
(C) INSERTING ", AND THE OTHER CONDITIONS OF ELIGIBILITY
CONTAINED IN THE PLAN OF THE STATE APPROVED UNDER TITLE XIX (AS IT
WAS IN EFFECT IN DECEMBER 1973)" BEFORE THE PERIOD AT THE END
THEREOF.
(C) IN ADDITION TO OTHER REQUIREMENTS IMPOSED BY LAW AS CONDITIONS
FOR THE APPROVAL OF ANY STATE PLAN UNDER TITLE XIX OF THE SOCIAL
SECURITY ACT, THERE IS HEREBY IMPOSED (EFFECTIVE JANUARY 1, 1974) THE
REQUIREMENT (AND EACH SUCH STATE PLAN SHALL BE DEEMED TO REQUIRE) THAT
MEDICAL ASSISTANCE UNDER SUCH PLAN SHALL BE PROVIDED TO ANY INDIVIDUAL--
//79 STAT. 343; 86 STAT. 1426. 42 USC 1396.//
(1) FOR ANY MONTH FOR WHICH THERE (A) IS PAYABLE WITH RESPECT
TO SUCH INDIVIDUAL A SUPPLEMENTARY PAYMENT PURSUANT TO AN
AGREEMENT ENTERED INTO BETWEEN THE STATE AND THE SECRETARY OF
HEALTH, EDUCATION, AND WELFARE UNDER SECTION 212 (A) OF PUBLIC LAW
93 - 66, AND (B) WOULD BE PAYABLE WITH RESPECT TO SUCH INDIVIDUAL
SUCH A SUPPLEMENTARY PAYMENT, IF THE AMOUNT OF THE SUPPLEMENTARY
PAYMENTS PAYABLE PURSUANT TO SUCH AGREEMENT WERE ESTABLISHED
WITHOUT REGARD TO PARAGRAPH (3) (A) (II) OF SUCH SECTION 212 (A),
//ANTE, P. 155.// AND
(2) IN LIKE MANNER, AND SUBJECT TO THE SAME TERMS AND
CONDITIONS, AS MEDICAL ASSISTANCE IS PROVIDED UNDER SUCH PLAN TO
INDIVIDUALS WITH RESPECT TO WHOM BENEFITS ARE PAYABLE FOR SUCH
MONTH UNDER THE SUPPLEMENTARY SECURITY INCOME PROGRAM ESTABLISHED
BY TITLE XVI OF THE SOCIAL SECURITY ACT.
FEDERAL MATCHING UNDER TITLE XIX OF THE SOCIAL SECURITY ACT SHALL BE
AVAILABLE FOR THE MEDICAL ASSISTANCE FURNISHED TO INDIVIDUALS WHO ARE
ELIGIBLE FOR SUCH ASSISTANCE UNDER THIS SUBSECTION. //86 STAT. 1465.
42 USC 1381.//
(D) THE AMENDMENTS MADE BY SUBSECTION (A) SHALL BE EFFECTIVE WITH
RESPECT TO PAYMENTS UNDER SECTION 1903 OF THE SOCIAL SECURITY ACT FOR
CALENDAR QUARTERS COMMENCING AFTER DECEMBER 31, 1973. //42 USC 1396B.//
SEC. 14. SECTION 1616 OF THE SOCIAL SECURITY ACT IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION: //42 USC
1382E.//
"(E) PAYMENTS MADE UNDER THIS TITLE WITH RESPECT TO AN INDIVIDUAL
SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE AMOUNT OF ANY SUPPLEMENTARY
PAYMENT (AS DESCRIBED IN SUBSECTION (A)) OR OTHER PAYMENT MADE BY A
STATE (OR POLITICAL SUBDIVISION THEREOF) WHICH IS MADE FOR OR ON ACCOUNT
OF ANY MEDICAL OR ANY OTHER TYPE OF REMEDIAL CARE PROVIDED BY AN
INSTITUTION TO SUCH INDIVIDUAL AS AN INPATIENT OF SUCH INSTITUTION IN
THE CASE OF ANY STATE WHICH HAS A PLAN APPROVED UNDER TITLE XIX OF THIS
ACT IF SUCH CARE IS (OR COULD BE) PROVIDED UNDER A STATE PLAN APPROVED
UNDER TITLE XIX OF THIS ACT BY AN INSTITUTION CERTIFIED UNDER SUCH TITLE
XIX.".
SEC. 15. (A) (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
PROVISIONS OF SECTION 1861 (B) OF THE SOCIAL SECURITY ACT, SHALL,
SUBJECT TO SUBSECTION (B) OF THIS SECTION, FOR THE PERIOD WITH RESPECT
TO WHICH THIS PARAGRAPH IS APPLICABLE, BE ADMINISTERED AS IF PARAGRAPH
(7) OF SUCH SECTION READ AS FOLLOWS: //42 USC 1395X.//
"(7) A PHYSICIAN WEHRE THE HOSPITAL HAS A TEACHING PROGRAM
APPROVED AS SPECIFIED IN PARAGRAPH (6), IF (A) THE HOSPITAL ELECTS
ECEIVE ANY PAYMENT DUE UNDER THIS TITLE FOR REASONABLE COSTS OF TO
RECEIVE ANY PAYMENT DUE UNDER THIS TITLE FOR REASONABLE COSTS OF
SUCH SERVICES, AND (B) ALL PHYSICIANS IN SUCH HOSPITAL AGREE NOT
TO BILL CHARGES FOR PROFESSIONAL SERVICES RENDERED IN SUCH
HOSPITAL TO INDIVIDUALS COVERED UNDER THE INSURANCE PROGRAM
ESTABLISHED BY THIS TITLE.".
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PROVISIONS OF
SECTION 1832 (A) (2) (B) (I) OF THE SOCIAL SECURITY ACT, SHALL, SUBJECT
TO SUBSECTION (B) OF THIS SECTION, FOR THE PERIOD WITH RESPECT TO WHICH
THIS PARAGRAPH IS APPLICABLE, BE ADMINISTERED AS IF SUBCLAUSE II OF SUCH
SECTION READ AS FOLLOWS: //86 STAT. 1406. 42 USC 1395K.//
"(II) A PHYSICIAN TO A PATIENT IN A HOSPITAL WHICH HAS A
TEACHING PROGRAM APPROVED AS SPECIFIED IN PARAGRAPH (6) OF SECTION
1861 (B) (INCLUDING SERVICES IN CONJUNCTION WITH
4 THE TEACHING PROGRAMS OF SUCH HOSPITAL WHETHER OR NOT SUCH
THE TEACHING PROGRAMS OF SUCH HOSPITAL WHETHER OR NOT SUCH PATIENT
IS AN INPATIENT OF SUCH HOSPITAL), WHERE THE CONDITIONS SPECIFIED
IN PARAGRAPH (7) OF SUCH SECTION ARE MET, AND". //42 USC 1395X.//
(B) THE PROVISIONS OF SUBSECTION (A) SHALL NOT BE DEEMED TO RENDER
IMPROPER ANY DETERMINATION OF PAYMENT UNDER TITLE XVIII OF THE SOCIAL
SECURITY ACT FOR ANY SERVICE PROVIDED PRIOR TO THE ENACTMENT OF THIS
ACT. //42 USC 1395.//
(C) (1) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE SHALL ARRANGE
FOR THE CONDUCT OF A STUDY OR STUDIES CONCERNING (A) APPROPRIATE AND
EQUITABLE METHODS OF REIMBURSEMENT FOR PHYSICIANS' SERVICES UNDER TITLES
XVIII AND XIX OF THE SOCIAL SECURITY ACT IN HOSPITALS WHICH HAVE A
TEACHING PROGRAM APPROVED AS SPECIFIED IN SECTION 1861 (B) (6) OF SUCH
ACT, (B) THE EXTENT TO WHICH FUNDS EXPENDED UNDER SUCH TITLES ARE
SUPPORTING THE TRAINING OF MEDICAL SPECIALTIES WHICH ARE IN EXCESS
SUPPLY, (C) HOW SUCH FUNDS COULD BE EXPENDED IN WAYS WHICH SUPPORT MORE
RATIONAL DISTRIBUTION OF PHYSICIAN MANPOWER BOTH GEOGRAPHICALLY AND BY
SPECIALTY, (D) THE EXTENT TO WHICH SUCH FUNDS SUPPORT OR ENCOURAGE
TEACHING PROGRAMS WHICH TEND TO DISPROPORTIONATELY ATTRACT FOREIGN
MEDICAL GRADUATES, AND (E) THE EXISTING AND APPROPRIATE ROLE THAT PART
OF SUCH FUNDS WHICH ARE EXPENDED TO MEET IN WHOLE OR IN PART THE COST OF
SALARIES OF INTERNS AND RESIDENTS IN TEACHING PROGRAMS APPROVED AS
SPECIFIED IN SECTION 1861 (B) (6) OF SUCH ACT. //42 USC 1396.//
(2) THE STUDIES REQUIRED BY PARAGRAPH (1) SHALL BE THE SUBJECT OF AN
INTERIM REPORT THEREON SUBMITTED NOT LATER THAN DECEMBER 1, 1974, AND A
FINAL REPORT THEREON SUBMITTED NOT LATER THAN DECEMBER 1, 1974, AND A
FINAL REPORT NOT LATER THAN JULY 1, 1975. SUCH REPORTS SHALL BE
SUBMITTED TO THE SECRETARY, THE COMMITTEE ON FINANCE OF THE SENATE, AND
THE COMMITTEE ON WAYS AND MEANS OF THE HOUSE OF REPRESENTATIVES,
SIMULTANEOUSLY.
(3) THE SECRETARY SHALL REQUEST THE NATIONAL ACADEMY OF SCIENCES TO
CONDUCT SUCH STUDIES UNDER AN ARRANGEMENT UNDER WHICH THE ACTUAL
EXPENSES INCURRED BY SUCH ACADEMY IN CONDUCTING SUCH STUDIES WILL BE
PAID BY THE SECRETARY. IF THE NATIONAL ACADEMY OF SCIENCES IS WILLING
TO DO SO, THE SECRETARY SHALL ENTER INTO SUCH AN ARRANGEMENT WITH SUCH
ACADEMY FOR THE CONDUCT OF SUCH STUDIES.
(4) IF THE NATIONAL ACADEMY OF SCIENCES IS UNWILLING TO CONDUCT THE
STUDIES REQUIRED UNDER THIS SECTION, UNDER SUCH AN ARRANGEMENT WITH THE
SECRETARY, THEN THE SECRETARY SHALL ENTER INTO A SIMILAR ARRANGEMENT
WITH OTHER APPROPRIATE NONPROFIT PRIVATE GROUPS OR ASSOCIATIONS UNDER
WHICH SUCH GROUPS OR ASSOCIATIONS SHALL CONDUCT SUCH STUDIES AND PREPARE
AND SUBMIT THE REPORTS THEREON AS PROVIDED IN PARAGRAPH (2).
(5) THE SOCIAL SECURITY ADMINISTRATION SHALL STUDY THE INTERIM REPORT
CALLED FOR IN PARAGRAPH (2) AND SHALL SUBMIT ITS ANALYSIS OF SUCH
INTERIM REPORT TO THE COMMITTEE ON FINANCE OF THE SENATE AND THE
COMMITTEE ON WAYS AND MEANS OF THE HOUSE OF REPRESENTATIVES NOT LATER
THAN MARCH 1, 1975. THE SOCIAL SECURITY ADMINISTRATION SHALL STUDY AND
SUBMIT ITS ANALYSIS OF THE FINAL REPORT TO THE COMMITTEE ON FINANCE OF
THE SENATE AND THE COMMITTEE ON WAYS AND MEANS OF THE HOUSE OF
REPRESENTATIVES BY OCTOBER 1, 1975.
(D) THE PROVISIONS OF SUBSECTION (A) SHALL APPLY WITH RESPECT TO COST
ACCOUNTING PERIODS BEGINNING AFTER JUNE 30, 1973, AND PRIOR TO JANUARY
1, 1975, EXCEPT THAT IF THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
DETERMINES THAT ADDITIONAL TIME IS REQUIRED TO PREPARE THE REPORT
REQUIRED BY SUBSECTION (C), HE MAY, BY REGULATION, EXTEND THE
APPLICABILITY OF THE PROVISIONS OF SUBSECTION (A) TO COST ACCOUNTING
PERIODS BEGINNING AFTER JUNE 30, 1975.
SEC. 16. IN THE ADMINISTRATION OF TITLES V, XVIII, AND XIX OF THE
SOCIAL SECURITY ACT, THE AMOUNT PAYABLE UNDER SUCH TITLE TO ANY PROVIDER
OF SERVICES ON ACCOUNT OF SERVICES PROVIDED BY SUCH HOSPITAL, SKILLED
NURSING FACILITY, OR HOME HEALTH AGENCY SHALL BE DETERMINED (FOR ANY
PERIOD WITH RESPECT TO WHICH THE AMENDMENTS MADE BY SECTION 233 OF
PUBLIC LAW 92 - 603 WOULD, EXCEPT FOR THE PROVISIONS OF THIS SECTION, BE
APPLICABLE) IN LIKE MANNER AS IF THE DATE CONTAINED IN THE FIRST AND
SECOND SENTENCES OF SUBSECTION (F) OF SUCH SECTION 233 WERE DECEMBER 31,
1973, RATHER THAN DECEMBER 31, 1972. //42 USC 701, 1395, 1396. 86
STAT. 1141.//
SEC. 17. (A) IN THE ADMINISTRATION OF TITLE XVIII OF THE SOCIAL
SECURITY ACT, THE AMOUNT PAYABLE THEREUNDER WITH RESPECT TO PHYSICAL
THERAPY AND OTHER SERVICES REFERRED TO IN SECTION 1861 (V) (5) (A) OF
SUCH ACT (AS ADDED BY SECTION 151 (C) OF THE SOCIAL SECURITY AMENDMENTS
OF 1972) SHALL BE DETERMINED (FOR THE PERIOD WITH RESPECT TO WHICH THE
AMENDMENT MADE BY SUCH SECTION 151 (C) WOULD, EXCEPT FOR THE PROVISIONS
OF THIS SECTION, BE APPLICABLE) IN LIKE MANNER AS IF THE "DECEMBER 31,
1972", WHICH APPEARS IN SUCH SUBSECTION (D) (3) OF SUCH SECTION 151,
READ "THE MONTH IN WHICH THERE ARE PROMULGATED, BY THE SECRETARY OF
HEALTH, EDUCATION, AND WELFARE, FINAL REGULATIONS IMPLEMENTING THE
PROVISIONS OF SECTION 1861 (V) (5) OF THE SOCIAL SECURITY ACT". //86
STAT. 1445. 42 USC 1395X.//
. IN L SION OF ALL WAGE LEVEL INCREASES IN AUTOMATIC ADJUSTMENT OF
SEC. 18. (A) SECTION 203 (F) (8) (B) (II) OF THE SOCIAL SECURITY ACT
IS AMENDED BY-- //86 STAT. 1341. 42 USC 403.//
(1) STRIKING OUT "CONTRIBUTION AND BENEFIT BASE" AND INSERTING
"EXEMPT AMOUNT" IN LIEU THEREOF; AND
(2) STRIKING OUT "SECTION 230 (A)" AND INSERTING "SUBPARAGRAPH
(A)" IN LIEU THEREOF.
(B) SECTION 202 (W) OF SUCH ACT IS AMENDED BY INSERTING AT THE END
THEREOF THE FOLLOWING NEW PARAGRAPH: //86 STAT. 1339. 42 USC 402.//
"(5) IF AN INDIVIDUAL'S PRIMARY INSURANCE AMOUNT IS DETERMINED UNDER
PARAGRAPH (3) OF SECTION 215 (A) AND, AS A RESULT OF THIS SUBSECTION, HE
WOULD BE ENTITLED TO A HIGHER OLD-AGE INSURANCE BENEFIT IF HIS PRIMARY
INSURANCE AMOUNT WERE DETERMINED UNDER SECTION 215 (A) WITHOUT REGARD TO
SUCH PARAGRAPH, SUCH INDIVIDUAL'S OLD-AGE INSURANCE BENEFIT BASED UPON
HIS PRIMARY INSURANCE AMOUNT DETERMINED UNDER SUCH PARAGRAPH SHALL BE
INCREASED BY AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN SUCH BENEFIT AND
THE BENEFIT TO WHICH HE WOULD BE ENTITLED IF HIS PRIMARY INSURANCE
AMOUNT WERE DETERMINED UNDER SUCH SECTION WITHOUT REGARD TO SUCH
PARAGRAPH." //86 STAT. 1333. 42 USC 415.//
(C) SECTION 228 (D) OF SUCH ACT IS AMENDED BY INSERTING "AND SUCH
INDIVIDUAL IS NOT AN INDIVIDUAL WITH RESPECT TO WHOM SUPPLEMENTAL
SECURITY INCOME BENEFITS ARE PAYABLE PURSUANT TO TITLE XVI OR SECTION
211 OF PUBLIC LAW 93 - 66 FOR THE FOLLOWING MONTH, NOR SHALL SUCH
BENEFIT BE PAID FOR SUCH MONTH IF SUCH INDIVIDUAL IS AN INDIVIDUAL WITH
RESPECT TO WHOM SUPPLEMENTAL SECURITY INCOME BENEFITS ARE PAYABLE
PURSUANT TO TITLE XVI OR SECTION 211 OF PUBLIC LAW 93 - 66 FOR SUCH
MONTH, UNLESS THE SECRETARY DETERMINES THAT SUCH BENEFITS ARE NOT
PAYABLE WITH RESPECT TO SUCH INDIVIDUAL FOR THE MONTH FOLLOWING SUCH
MONTH" IMMEDIATELY BEFORE THE PERIOD AT THE END THEREOF. //42 USC 428D.
86 STAT. 1465. ANTE, P. 154. 42 USC 1381.//
(D) SECTION 1611 OF SUCH ACT (AS AMENDED BY PUBLIC LAW 92 - 603) IS
AMENDED BY STRIKING OUT SUBSECTION (G) AND INSERTING IN LIEU THEREOF THE
FOLLOWING NEW SUBSECTION:
"(G) IN THE CASE OF ANY INDIVIDUAL OR ANY INDIVIDUAL AND HIS SPOUSE
(AS THE CASE MAY BE) WHO--
"(1) RECEIVED AID OR ASSISTANCE FOR DECEMBER 1973 UNDER A PLAN
OF A STATE APPROVED UNDER TITLE I, X, XIV, OR XVI,
"(2) HAS, SINCE DECEMBER 31, 1973, CONTINUOUSLY RESIDED IN THE
STATE UNDER THE PLAN OF WHICH HE OR THEY RECEIVED SUCH AID OR
ASSISTANCE FOR DECEMBER 1973, AND
"(3) HAS, SINCE DECEMBER 31, 1973, CONTINUOUSLY BEEN (EXCEPT
FOR PERIODS NOT IN EXCESS OF SIX CONSECUTIVE MONTHS) AN ELIGIBLE
INDIVIDUAL OR ELIGIBLE SPOUSE WITH RESPECT TO WHOM SUPPLEMENTAL
SECURITY INCOME BENEFITS ARE PAYABLE, //86 STAT. 1466. 86 STAT.
1484, 1465. 42 USC 301, 1201, 1351, 1381.//
THE RESOURCES OF SUCH INDIVIDUAL OR SUCH INDIVIDUAL AND HIS SPOUSE (AS
THE CASE MAY BE) SHALL BE DEEMED NOT TO EXCEED THE AMOUNT SPECIFIED IN
SECTIONS 1611 (A) (1) (B) AND 1611 (A) (2) (B) DURING ANY PERIOD THAT
THE RESOURCES OF SUCH INDIVIDUAL OR INDIVIDUALS AND HIS SPOUSE (AS THE
CASE MAY BE) DOES NOT EXCEED THE MAXIMUM AMOUNT OF RESOURCES SPECIFIED
IN THE STATE PLAN, AS IN EFFECT FOR OCTOBER 1972, UNDER WHICH HE OR THEY
RECEIVED SUCH AID OR ASSISTANCE FOR DECEMBER 1973."
(E) SECTION 1611 OF SUCH ACT IS AMENDED BY STRIKING OUT SUBSECTION
(H) AND INSERTING IN LIEU THEREOF THE FOLLOWING NEW SUBSECTION:
"(H) IN DETERMINING ELIGIBILITY FOR, AND THE AMOUNT OF, BENEFITS
PAYABLE UNDER THIS SECTION IN THE CASE OF ANY INDIVIDUAL OR ANY
INDIVIDUAL AND HIS SPOUSE (AS THE CASE MAY BE) WHO--
"(1) RECEIVED AID OR ASSISTANCE FOR DECEMBER 1973 UNDER A PLAN
OF A STATE APPROVED UNDER TITLE X OR XVI,
"(2) IS BLIND UNDER THE DEFINITION OF THAT TERM IN THE PLAN, AS
IN EFFECT FOR OCTOBER 1972, UNDER WHICH HE OR THEY RECEIVED SUCH
AID OR ASSISTANCE FOR DECEMBER 1973,
"(3) HAS, SINCE DECEMBER 31, 1973, CONTINUOUSLY RESIDED IN THE
STATE UNDER THE PLAN OF WHICH HE OR THEY RECEIVED SUCH AID OR
ASSISTANCE FOR DECEMBER 1973, AND
"(4) HAS, SINCE DECEMBER 31, 1973, CONTINUOUSLY BEEN (EXCEPT
FOR PERIODS NOT IN EXCESS OF SIX CONSECUTIVE MONTHS) AN ELIGIBLE
INDIVIDUAL OR AN ELIGIBLE SPOUSE WITH RESPECT TO WHOM SUPPLEMENTAL
SECURITY INCOME BENEFITS ARE PAYABLE,
THERE SHALL BE DISREGARDED AN AMOUNT EQUAL TO THE GREATER OF (A) THE
MAXIMUM AMOUNT OF ANY EARNED OR UNEARNED INCOME WHICH COULD HAVE BEEN
DISREGARDED UNDER THE STATE PLAN, AS IN EFFECT FOR OCTOBER 1972, UNDER
WHICH HE OR THEY RECEIVED SUCH AID OR ASSISTANCE FOR DECEMBER 1973, AND
(B) THE AMOUNT WHICH WOULD BE REQUIRED TO BE DISREGARDED UNDER SECTION
1612 WITHOUT APPLICATION OF THIS SUBSECTION."
(F) (1) SECTION 226 OF SUCH ACT IS AMENDED BY--
7 (A) REDESIGNATT ."
(A) REDESIGNATING SUBSECTION (A) (1) AS SUBSECTION (A); 86
STAT. 1371. 42 USC 426.//
(B) REDESIGNATING CLAUSES (A) AND (B) OF SUBSECTION (A), AS
REDESIGNATED BY THIS SUBSECTION, AS CLAUSES (1) AND (2),
RESPECTIVELY; AND
(C) REDESIGNATING SUBSECTION (F) (AS ADDED BY SECTION 201 (B)
(5) OF THE SOCIAL SECURITY AMENDMENTS OF 1972 AND REDESIGNATED BY
SECTION 299L OF THAT ACT) AND THE SUBSECTION (F) (AS ENACTED BY
SECTION 101 OF THE SOCIAL SECURITY AMENDMENTS OF 1965 AND
REDESIGNATED BY SECTION 201 (B) (5) OF THE SOCIAL SECURITY
AMENDMENTS OF 1972) AS SUBSECTIONS (H) AND (I), RESPECTIVELY; AND
BY INSERTING SUCH SUBSECTIONS (H) AND (I) (AS SO REDESIGNATED)
IMMEDIATELY AFTER SUBSECTION (G) OF SUCH SECTION.
(2) SECTION 226 (H) (1) (A) OF SUCH ACT, AS REDESIGNATED BY THIS
SUBSECTION, IS AMENDED BY STRIKING OUT "AND 202 (E) (5), AND THE TERM
'AGE 62' IN SECTIONS" AND INSERTING ", 202 (E) (5)," IN LIEU THEREOF.
(3) SECTION 226 (H) (1) (B) OF SUCH ACT, AS REDESIGNATED BY THIS
SUBSECTION, IS AMENDED BY STRIKING OUT "SHALL" AND INSERT'NG "AND THE
PHRASE 'BEFORE HE ATTAINED AGE 60' IN THE MATTER FOLLOWING SUBPARAGRAPH
(G) OF SECTION 202 (F) (1) SHALL EACH: IN LIEU THEREOF.
(4) PARAGRAPHS (2) AND (3) OF SECTION 226 (H) OF SUCH ACT, AS
REDESIGNATED BY THIS SUBSECTION, ARE EACH AMENDED BY STRIKING OUT "(A)
(2)" AND INSERTING "B) IN LIEU
THEREOF. B (ASDFASDFASDFASDF
(G) SECTION 1631 (A) (4) (B) OF SUCH ACT IS AMENDED BY INSERTING
"SOLELY BECAUSE SUCH INDIVIDUAL IS DETERMINED NOT TO BE DISABLED"
IMMEDIATELY BEFORE THE PERIOD AT THE END THEREOF. //86 STAT. 1475. 42
USC 1383.//
(H) (1) SECTION 401 (A) (1) OF THE SOCIAL SECURITY AMENDMENTS OF 1972
IS AMENDED BY-- //86 STAT. 1485. 42 USC 1382E NOTE.//
(A) INSERTING ", OTHER THAN FISCAL YEAR 1974," IMMEDIATELY
AFTER "ANY FISCAL YEAR"; AND
(B) INSERTING ", AND THE AMOUNT PAYABLE FOR FISCAL YEAR 1974
PURSUANT TO SUCH AGREEMENT OR AGREEMENTS SHALL NOT EXCEED ONE-HALF
OF THE NON-FEDERAL SHARE OF SUCH EXPENDITURES" IMMEDIATELY BEFORE
THE PERIOD OF THE END THEREOF.
(2) SECTION 401 (C) (1) OF SUCH ACT IS AMENDED BY INSERTING
"EXCLUDING" IMMEDIATELY BEFORE "EXPENDITURES AUTHORIZED UNDER SECTION
1119". //86 STAT. 1487.//
(I) SECTION 402 OF THE SOCIAL SECURITY AMENDMENTS OF 1972 IS AMENDED
BY-- //86 STAT. 1487. 42 USC 1382E NOTE.//
(1) STRIKING OUT "XVI" THE FIRST TIME THAT IT APPEARS THEREIN
AND INSERTING "VI" IN LIEU THEREOF;
(2) INSERTING "THE THIRD AND FOURTH QUARTERS IN THE FISCAL YEAR
ENDING JUNE 30, 1974, AND" IMMEDIATELY AFTER "WITH RESPECT TO
EXPENDITURES FOR"; AND
(3) INSERTING "THE THIRD AND FOURTH QUARTERS OF THE FISCAL YEAR
ENDING JUNE 30, 1974, AND ANY QUARTER OF" IMMEDIATELY AFTER
"DURING SUCH PORTION OF".
(J) SECTION 1130 (A) OF SUCH ACT IS AMENDED BY INSERTING "603 (A)
(1)," IMMEDIATELY AFTER "403 (A) (3),". //86 STAT. 945. 42 USC
1320B.//
(K) (1) SECTION 1814 (A) (2) (E) OF SUCH ACT (AS AMENDED BY PUBLIC
LAW 93 - 603) IS AMENDED TO READ AS FOLLOWS: //86 STAT. 1447. 42 USC
1395F.//
"(E) IN THE CASE OF INPATIENT HOSPITAL SERVICES IN CONNECTION
WITH THE CARE, TREATMENT, FILLING, REMOVAL, OR REPLACEMENT OF
TEETH OR STRUCTURES DIRECTLY SUPPORTING TEETH, THE INDIVIDUAL,
BECAUSE OF HIS UNDERLYING MEDICAL CONDITION AND CLINICAL STATUS,
REQUIRES HOSPITALIZATION IN CONNECTION WITH THE PROVISION OF SUCH
DENTAL SERVICES;".
(2) THE LAST SENTENCE OF SECTION 1814 (A) IS AMENDED BY STRIKING OUT
"OR (D)" AND INSERTING "(D), OR (E)" IN LIEU THEREOF.
(3) SECTION 1862 (A) (12) OF SUCH ACT IS AMENDED BY STRIKING OUT "A
DENTAL PROCEDURE" AND ALL THAT FOLLOWS THEREAFTER, AND INSERTING "THE
PROVISION OF SUCH DENTAL SERVICES IF THE INDIVIDUAL, BECAUSE OF HIS
UNDERLYING MEDICAL CONDITION AND CLINICAL STATUS, REQUIRES
HOSPITALIZATION IN CONNECTION WITH THE PROVISION OF SUCH SERVICES; OR"
IN LIEU THEREOF. //42 USC 1395Y.//
(1) SECTION 1843 (B) OF SUCH ACT IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING: "EFFECTIVE JANUARY 1, 1974, AND SUBJECT TO
SECTION 1902 (F), THE SECRETARY SHALL, AT THE REQUEST OF ANY STATE NOT
ELIGIBLE TO PARTICIPATE IN THE STATE PLAN PROGRAM ESTABLISHED UNDER
TITLE XVI, CONTINUE IN EFFECT THE AGREEMENT ENTERED INTO UNDER THIS
SECTION WITH SUCH STATE SUBJECT TO SUCH MODIFICATIONS AS THE SECRETARY
MAY BE REGULATIONS PROVIDE TO TAKE ACCOUNT OF THE TERMINATION OF ANY
PLANS OF SUCH STATE APPROVED UNDER TITLES I, X, XIV, AND XVI AND THE
ESTABLISHMENT OF THE SUPPLEMENTAL SECURITY INCOME PROGRAM UNDER TITLE
XVI.". //42 USC 1395V. EFFECTIVE DATE. 86 STAT. 1381. 42 USC 1396A.
42 USC 1381. 42 USC 301, 1201, 1351.//
(M) SECTION 1876 (A) (3) (A) (II) OF SUCH ACT IS AMENDED BY STRIKING
OUT ", WITH THE APPORTIONMENT OF SAVINGS BEING PROPORTIONAL TO THE
LOSSES ABSORBED AND NOT YET OFFSET". //86 STAT. 1396. 42 USC 1395MM.//
(N) THE LAST SENTENCE OF SECTION 1876 (G) (2) OF SUCH ACT IS AMENDED
BY-- //86 STAT. 1401. 42 USC 1395MM.//
(1) INSERTING "OF ITS PREMIUM RATE OR OTHER CHARGES:
IMMEDIATELY AFTER "PORTION";
(2) STRIKING OUT "MAY" AND INSERTING "SHALL";
(3) STRIKING OUT "(I)"; AND
(4) STRIKING OUT "LESS (II) THE ACTUARIAL VALUE OF OTHER
CHARGES MADE IN LIEU OF SUCH DEDUCTIBLE AND COINSURANCE".
(O) SECTION 1902 (A) (34) OF THE SOCIAL SECURITY ACT (AS AMENDED BY
PUBLIC LAW 92 - 603) IS AMENDED BY INSERTING "(OR APPLICATION WAS MADE
ON HIS BEHALF IN THE CASE OF A DECEASED INDIVIDUAL)" IMMEDIATELY AFTER
"HE MADE APPLICATION". //86 STAT. 1446. 42 USC 1396A.//
(P) SECTION 1902 (A) (35) (A) OF SUCH ACT IS AMENDED BY INSERTING "OR
WHO IS THE OWNER (IN WHOLE OR IN PART) OF ANY MORTGAGE, DEED OF TRUST,
NOTE, OR OTHER OBLIGATION SECURED (IN WHOLE OR IN PART) BY SUCH
INTERMEDIATE CARE FACILITY OR ANY OF THE PROPERTY OR ASSETS OF SUCH
INTERMEDIATE CARE FACILITY" IMMEDIATELY AFTER "INTERMEDIATE CARE
FACILITY". //86 STAT. 1460. 42 USC 1396A.//
(Q) SECTION 1902 (E) OF SUCH ACT IS AMENDED TO READ AS FOLLOWS:
"(E) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, EFFECTIVE
JANUARY 1, 1974, EACH STATE PLAN APPROVED UNDER THIS TITLE MUST PROVIDE
THAT EACH FAMILY WHICH WAS RECEIVING AID PURSUANT TO A PLAN OF THE STATE
APPROVED UNDER PART A OF TITLE IV IN AT LEAST 3 OF THE 6 MONTHS
IMMEDIATELY PRECEDING THE MONTH IN WHICH SUCH FAMILY BECAME INELIGIBLE
FOR SUCH AID BECAUSE OF INCREASED HOURS OF, OR INCREASED INCOME FROM,
EMPLOYMENT, SHALL, WHILE A MEMBER OF SUCH FAMILY IS EMPLOYED, REMAIN
ELIGIBLE FOR ASSISTANCE UNDER THE PLAN APPROVED UNDER THIS TITLE (AS
THOUGH THE FAMILY WAS RECEIVING AID UNDER THE PLAN APPROVED UNDER PART A
OF TITLE IV) FOR 4 CALENDAR MONTHS BEGINNING WITH THE MONTH IN WHICH
SUCH FAMILY BECAME INELIGIBLE FOR AID UNDER THE PLAN APPROVED UNDER PART
A OF TITLE IV BECAUSE OF INCOME AND RESOURCES OF HOURS OF WORK
LIMITATIONS CONTAINED IN SUCH PLAN.". //86 STAT. 1381. 42 USC 1396A.//
(4) (1) SECTION 1903 (A) (1) OF SUCH ACT IS AMENDED BY INSERTING "AND
DISABLED INDIVIDUALS ENTITLED TO HOSPITAL INSURANCE BENEFITS UNDER TITLE
XVIII" IMMEDIATELY AFTER "INDIVIDUALS SIXTY-FIVE YEARS OF AGE OR OLDER".
//42 USC 1396B.//
(2) SECTION 1901 (B) (2) OF SUCH ACT IS AMENDED BY INSERTING "AND
DISABLED INDIVIDUALS ENTITLED TO HOSPITAL INSURANCE BENEFITS UNDER TITLE
XVIII" IMMEDIATELY AFTER "INDIVIDUALS AGED 65 OR OVER".
(S) SECTION 1903 (A) (4) OF SUCH ACT IS AMENDED BY STRIKING OUT "SUMS
EXPENDED" AND INSERTING "SUMS EXPENDED WITH RESPECT TO COSTS INCURRED"
IN LIEU THEREOF. //79 STAT. 349; 86 STAT. 1414. 42 USC 1396B.//
(T) SECTION 1903 (A) (5) OF SUCH ACT IS AMENDED BY STRIKING OUT "(AS
FOUND NECESSARY BY THE SECRETARY FOR THE PROPER AND EFFICIENT
ADMINISTRATION OF THE PLAN)".
(U) SECTION 1903 (B) (2) OF SUCH ACT IS AMENDED BY INSERTING ", OTHER
THAN AMOUNTS EXPENDED UNDER PROVISIONS OF THE PLAN OF SUCH STATE
REQUIRED BY SECTION 1902 (A) (34)" IMMEDIATELY BEFORE THE PERIOD AT THE
END THEREOF.
(V) SECTION 1903 (G) (1) (C) OF SUCH ACT IS AMENDED BY STRIKING OUT
"AND WHO ARE NOT EMPLOYED BY" AND BY INSERTING "OR, EXCEPT IN THE CASE
OF HOSPITALS, EMPLOYED BY THE INSTITUTION" IMMEDIATELY AFTER "ANY SUCH
INSTITUTION". //86 STAT. 1379.//
(W) SECTION 1905 (H) (1) (B) OF SUCH ACT IS AMENDED BY--
(1) STRIKING OUT ", INVOLVES ACTIVE TREATMENT (I)" AND
INSERTING "(I) INVOLVE ACTIVE TREATMENT" IN LIEU THEREOF, //86
STAT. 1461. 42 USC 1396D.//
(2) STRIKING OUT "PURSUANT TO TITLE XVIII", AND
(3) STRIKING OUT "(II) WHICH" AND INSERTING "(II)" IN LIEU
THEREOF.
(X) (1) SECTION 1902 (A) (13) (C) OF SUCH ACT IS AMENDED BY STRIKING
OUT "(14)" AND INSERTING "(16)" IN LIEU THEREOF. //79 STAT. 344. 42
USC 1396A.//
(2) SECTION 1902 (A) (33) (A) OF SUCH ACT IS AMENDED BY STRIKING OUT
"LAST SENTENCE" AND INSERTING "PENULTIMATE SENTENCE" IN LIEU THEREOF.
(3) SECTION 1902 (A) OF SUCH ACT IS AMENDED BY--
(A) STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (35) AND
INSERTING "; AND" IN LIEU THEREOF; AND
(B) REDESIGNATING PARAGRAPH (37) AS PARAGRAPH (36).
(4) SECTIONS 1902 (A) (21), (24), AND (26) (B), AND THE LAST SENTENCE
OF SECTION 1902 (D), OF SUCH ACT ARE EACH AMENDED BY STRIKING OUT
"NURSING HOME" AND "NURSING HOMES" EACH TIME THAT THEY APPEAR THEREIN
AND INSERTING "NURSING FACILITY" AND "NURSING FACILITIES", RESPECTIVELY,
IN LIEU THEREOF.
(5) SECTION 1903 (A) OF SUCH ACT IS AMENDED BY STRIKING OUT "AND E
ECTIVELY, IN LIEU THEREO SECTION 1117" IN THE FIRST PARENTHETICAL
PHRASE. //79 STAT. 349.//
(6) SECTION 1903 (B) OF SUCH ACT IS AMENDED BY REDESIGNATING
PARAGRAPHS (2) AND (3) AS PARAGRAPHS (1) AND (2), RESPECTIVELY.
(7) SECTIONS 1905 (A) (16) OF SUCH ACT IS AMENDED BY STRIKING OUT
"UNDER 21, AS DEFINED IN SUBSECTION (E);" AND INSERTING "UNDER AGE 21,
AS DEFINED IN SUBSECTION (H); AND" IN LIEU THEREOF. //86 STAT. 1460.
42 USC 1396D.//
(8) SECTION 1905 (C) OF SUCH ACT IS AMENDED BY STRIKING OUT "SKILLED
NURSING HOME" EACH TIME THAT IT APPEARS THEREIN AND INSERTING "SKILLED
NURSING FACILITY" IN LIEU THEREOF.
(9) SECTION 1905 OF SUCH ACT IS AMENDED BY REDESIGNATING SUBSECTION
(H) (WHICH WAS ENACTED BY SECTION 299L(B) OF THE SOCIAL SECURITY
AMENDMENTS OF 1972) AS SUBSECTION (I).
(10) SECTION 1905 (H) (2) IS AMENDED BY STRIKING OUT "(E) (1)" AND
INSERTING "(1)" IN LIEU THEREOF. //86 STAT. 1461.//
(Y) (1) SECTION 1903 OF SUCH ACT IS AMENDED BY-- //79 STAT. 349. 42
USC 1396B.//
(A) STRIKING OUT SUBSECTION (C);
(B) STRIKING OUT "(A), (B), AND (C)" IN SUBSECTION (D) AND
INSERTING "(A) AND (B)" IN LIEU THEREOF.
(2) SECTION 1905 (B) OF SUCH ACT IS AMENDED BY STRIKING OUT
EVERYTHING AFTER "SECTION 1110 (A) (8)" AND INSERTING A PERIOD IN LIEU
THEREOF. //42 USC 1396D.//
(3) SECTION 1908 OF SUCH ACT IS AMENDED BY STRIKING OUT THE LAST
SENTENCE OF SUBSECTION (D) AND SUBSECTIONS (E) AND (F), AND
REDESIGNATING SUBSECTION (G) AS SUBSECTION (E). //81 STAT. 908. 42 USC
1396G.//
(Z) THE LAST SENTENCE OF SECTION 1122 (D) (1) OF SUCH ACT IS AMENDED
BY INSERTING "OR A FIXED FEE OR NEGOTIATED RATE" IMMEDIATELY AFTER "PER
CAPITA" EACH TIME THAT IT APPEARS THEREIN. //86 STAT. 1386. 42 USC
1320A-1.//
(Z-1) SECTION 1122 (D) (2) OF SUCH ACT IS AMENDED BY STRIKING OUT
"INCLUDE" THE LAST TIME THAT IT APPEARS THEREIN AND INSERTING "EXCLUDE"
IN LIEU THEREOF.
(Z-2) (1) TITLE XI OF THE SOCIAL SECURITY ACT IS AMENDED--
(A) IN SECTION 1101 (A) (1), BY--
(I) STRIKING OUT "I,", "X,", "XIV,", AND "XVI,", AND
(II) BY ADDING AT THE END OF SUCH SECTION 1101 (A) THE
FOLLOWING NEW SENTENCE: "IN THE CASE OF PUERTO RICO, THE VIRGIN
ISLANDS, AND GUAM, TITLES I, X, AND XIV, AND TITLE XVI (AS IN
EFFECT WITHOUT REGARD TO THE AMENDMENT MADE BY SECTION 301 OF THE
SOCIAL SECURITY AMENDMENTS OF 1972) SHALL CONTINUE TO APPLY, AND
THE TERM 'STATE' WHEN USED IN SUCH TITLES (BUT NOT IN TITLE XVI AS
IN EFFECT PURSUANT TO SUCH AMENDMENT AFTER DECEMBER 31, 1973)
INCLUDES PUERTO RICO, AND VIRGIN ISLANDS, AND GUAM.", //42 USC
1301. 42 USC 301, 1201, 1351, 1381. 86 STAT. 1465.// (B) IN
SECTION 1115, BY--
(I) INSERTING (IN THE MATTER PRECEDING SUBSECTION (A)) "VI,"
IMMEDIATELY AFTER "TITLE I,",
(II) INSERTING (IN SUBSECTION (A)) "602," IMMEDIATELY AFTER
"402,", AND
(III) INSERTING (IN SUBSECTION (B)) "603," IMMEDIATELY AFTER
"403,", AND (C) IN SECTION 1116, BY-- //79 STAT. 419; 81 STAT.
917. 42 USC 1316.//
(I) INSERTING (IN SUBSECTION (A) (1)) "VI," IMMEDIATELY AFTER
"TITLE I,",
(II) INSERTING (IN SUBSECTION (A) (3)) "604," IMMEDIATELY AFTER
"404,",
(III) INSERTING (IN SUBSECTION (B)) "VI," IMMEDIATELY AFTER
"TITLE I,", AND
(IV) INSERTING (IN SUBSECTION (D)) "VI," IMMEDIATELY AFTER
"TITLE I,".
(2) THE AMENDMENTS MADE BY THIS SUBSECTION SHALL BE EFFECTIVE ON AND
AFTER JANUARY 1, 1974.
(Z-3) (1) THE AMENDMENTS MADE BY SUBSECTIONS (G), (H), (J), AND (L)
SHALL BE EFFECTIVE JANUARY 1, 1974.
(2) THE AMENDMENTS AMDE BY SUBSECTION (K) SHALL BE EFFECTIVE WITH
RESPECT TO ADMISSIONS SUBJECT TO THE PROVISIONS OF SECTION 1814 (A) (2)
OF THE SOCIAL SECURITY ACT WHICH OCCUR AFTER DECEMBER 31, 1972. //42
USC 1395F.//
(3) THE AMENDMENTS MADE BY SUBSECTIONS (M) AND (N) SHALL BE EFFECTIVE
WITH RESPECT TO SERVICES PROVIDED AFTER JUNE 30, 1973.
(4) THE AMENDMENTS MADE BY SUBSECTIONS (O) AND (U) SHALL BE EFFECTIVE
JULY 1, 1973.
SEC. 19. (A) SECTION 303 (C) OF THE SOCIAL SECURITY AMENDMENTS OF
1972 IS AMENDED TO READ AS FOLLOWS: //86 STAT. 1484. 25 USC 639.//
"(C) SECTION 9 OF THE ACT OF APRIL 19, 1950 (64 STAT. 47) IS
AMENDED TO READ AS FOLLOWS:
"'SEC. 9. BEGINNING WITH THE QUARTER COMMENCING JULY 1, 1950, THE
SECRETARY OF THE TREASURY SHALL PAY QUARTERLY TO EACH STATE (FROM SUMS
MADE AVAILABLE FOR MAKING PAYMENTS TO THE STATES UNDER SECTION 403 (A)
OF THE SOCIAL SECURITY ACT) AN AMOUNT, IN ADDITION TO THE AMOUNT
PRESCRIBED TO BE PAID TO SUCH STATE UNDER SUCH SECTION, EQUAL TO 80 PER
CENTUM OF THE TOTAL AMOUNT OF CONTRIBUTIONS BY THE STATE TOWARD
EXPENDITURES DURING THE PRECEDING QUARTER BY THE STATE, UNDER THE STATE
PLAN APPROVED UNDER THE SOCIAL SECURITY ACT FOR AID TO DEPENDENT
CHILDREN TO NAVAJO AND HOPI INDIANS RESIDING WITHIN THE BOUNDARIES OF
THE STATE ON RESERVATIONS OR ON ALLOTTED OR TRUST LANDS, WITH RESPECT TO
WHOM PAYMENTS ARE MADE TO THE STATE BY THE UNITED STATES UNDER SECTION
403 (A) OF THE SOCIAL SECURITY ACT, NOT COUNTING SO MUCH OF SUCH
EXPENDITURE TO ANY INDIVIDUAL FOR ANY MONTH AS EXCEEDS THE LIMITATIONS
PRESCRIBED IN SUCH SECTION.'." //42 USC 603.//
(B) NOTWITHSTANDING THE PROVISIONS OF SECTION 301 OF THE SOCIAL
SECURITY AMENDMENTS OF 1972, THE SECRETARY OF HEALTH, EDUCATION, AND
WELFARE SHALL MAKE PAYMENTS TO THE 50 STATES AND THE DISTRICT OF
COLUMBIA AFTER DECEMBER 31, 1973, IN ACCORDANCE WITH THE PROVISIONS OF
THE SOCIAL SECURITY ACT AS IN EFFECT PRIOR TO JANUARY 1, 1974, FOR (1)
ACTIVITIES CARRIED OUT THROUGH THE CLOSE OF DECEMBER 31, 1973, UNDER
STATE PLANS APPROVED UNDER TITLE I, X, XIV, OR XVI, OF SUCH ACT, AND (2)
ADMINISTRATIVE ACTIVITIES CARRIED OUT AFTER DECEMBER 31, 1973, WHICH
SUCH SECRETARY DETERMINES ARE NECESSARY TO BRING TO A CLOSE ACTIVITIES
CARRIED OUT UNDER SUCH STATE PLANS. //86 STAT. 1465. 42 USC 1381. 42
USC 301, 1201, 1351, 1381.//
SEC. 20. SECTION 203 (2) OF THE FEDERAL STATE EXTENDED UNEMPLOYMENT
COMPENSATION ACT OF 1970 IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SENTENCE: "EFFECTIVE WITH RESPECT TO COMPENSATION FOR
WEEKS OF UNEMPLOYMENT BEGINNING BEFORE APRIL 1, 1974, AND BEGINNING
AFTER DECEMBER 31, 1973 (OR, IF LATER, THE DATE ESTABLISHED PURSUANT TO
STATE LAW), THE STATE MAY BY LAW PROVIDE THAT THE DETERMINATION OF
WHETHER THERE HAS BEEN A STATE 'ON' OR 'OFF' INDICATOR BEGINNING OR
ENDING ANY EXTENDED BENEFIT PERIOD SHALL BE MADE UNDER THIS SUBSECTION
AS IF PARAGRAPH (1) DID NOT CONTAIN SUBPARAGRAPH (A) THEREOF.". //84
STAT. 709. 26 USC 3304 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 627 (COMM. ON WAYS AND MEANS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
NOV. 13 - 15, CONSIDERED AND PASSED HOUSE. DEC. 20, 21, CONSIDERED
AND PASSED SENATE, MENDED. AMDEC. 21, HOUSE AGREED TO SENATE
AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 10, NO. 1
(1974): JAN. 3, PRESIDENTIAL STATEMENT.
"LAW ENFORCEMENT OFFICER FOR LAW ENFORCEMENT SERVICE AND
2 1/2 AUGUST 1, 1920, TO JUNE 30, 1926.
3 1/2 JULY 1, 1926, TO JUNE 30, 1942.
5 JULY 1, 1942, TO JUNE 30, 1948.
6 JULY 1, 1948, TO OCTOBER 31, 1956.
6 1/2 NOVEMBER 1, 1956, TO DECEMBER 31, 1969.
7 JANUARY 1, 1970, TO DECEMBER 31, 1974.
7 1/2 AFTER DECEMBER 31, 1974.".
ON OR BEFORE: ACTION TO BE COMPLETED:
NOVEMBER 10 PRESIDENT SUBMITS CURRENT SERVICES BUDGET.
15TH DAY AFTER CONGRESS
MEETS PRESIDENT SUBMITS HIS BUDGET.
MARCH 15 COMMITTEES AND JOINT COMMITTEES SUBMIT
REPORTS TO BUDGET COMMITTEES.
APRIL 1 CONGRESSIONAL BUDGET OFFICE SUBMITS
REPORT TO BUDGET COMMITTEES.
APRIL 15 BUDGET COMMITTEES REPORT FIRST CONCURRENT
RESOLUTION ON THE BUDGET TO THEIR HOUSES.
MAY 15 COMMITTEES REPORT BILLS AND RESOLUTIONS
AUTHORIZING NEW BUDGET AUTHORITY.
MAY 15 CONGRESS COMPLETES ACTION ON FIRST
CONCURRENT RESOLUTION ON THE BUDGET.
7TH DAY AFTER LABOR DAY CONGRESS COMPLETES ACTION ON BILLS AND
RESOLUTIONS PROVIDING NEW BUDGET
AUTHORITY AND NEW SPENDING AUTHORITY.
SEPTEMBER 15 CONGRESS COMPLETES ACTION ON SECOND
REQUIRED CONCURRENT RESOLUTION ON
THE BUDGET.
SEPTEMBER 25 CONGRESS COMPLETES ACTION ON
RECONCILIATION BILL OR RESOLUTION, OR
BOTH, IMPLEMENTING SECOND REQUIRED
CONCURRENT RESOLUTION.
OCTOBER 1 FISCAL YEAR BEGINS.
"PAY GRADE MONTHLY RATE
E-1 --------------------- $215
E-2 ---------------------- 221
E-3 ---------------------- 228
E-4 ---------------------- 241
E-5 ---------------------- 248
E-6 ---------------------- 254
E-7 ---------------------- 266
E-8 ---------------------- 281
E-9 ---------------------- 294 /1/
W-1 ---------------------- 271
W-2 ---------------------- 282
W-3 ---------------------- 291
W-4 -----------------------307
O-1 ---------------------- 271
O-2 ---------------------- 281
O-3 ---------------------- 301
O-4 ---------------------- 318
O-5 ---------------------- 350
O-6 ---------------------- 394
O-7 ---------------------- 427
O-8 ---------------------- 467
O-9 ---------------------- 502
O-10 --------------------- 549 /2/
"PHASE I YEARS OF AVIATION SERVICE
(INCLUDING FLIGHT TRAINING)
"MONTHLY RATE: AS AN OFFICER
$100 ----------------- 2 OR LESS.
$125 ----------------- OVER 2.
$150 ----------------- OVER 3.
$165 ------------------OVER 4.
$245 ------------------OVER 6.
"PHASE II YEARS OF SERVICES AS AN OFFICER
AS COMPUTED UNDER
"MONTHLY RATE: SECTION 205
$225 ----------------- OVER 18.
$205 ----------------- OVER 20.
$185 ----------------- OVER 22.
$165 ----------------- OVER 24 BUT NOT OVER 25.
"MONTHLY RATE: AN OFFICER
$100 ----------------- 2 OR LESS
$110 ----------------- OVER 2.
$200 ----------------- OVER 6.