PUBLIC LAW 94-469, 90 STAT, 2003, TOXIC SUBSTANCES CONTROL ACT,
94TH CONGRESS, S. 3149
OCTOBER 11, 1976
AN ACT
To regulate commerce and protect human health and the environment by
requiring testing and necessary use restrictions on certain chemical
substances, 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. SHORT TITLE AND TABLE OF CONTENTS. This Act may be cited
as the " Toxic Substances Control Act".
TABLE OF CONTENTS
Sec. 1. Short title and table of contents.
Sec. 2. Findings, policy, and intent.
Sec. 3. Definitions.
Sec. 4. Testing of chemical substances and mixtures.
Sec. 5. Manufacturing and processing notices.
Sec. 6. Regulation of hazardous chemical substances and mixtures.
Sec. 7. Imminent hazards.
Sec. 8. Reporting and retention of information.
Sec. 9. Relationship to other Federal laws.
Sec. 10. Research, development, collection, dissemination, and
utilization of data.
Sec. 11. Inspections and subpoenas.
Sec. 12. Exports.
Sec. 13. Entry into customs territory of the United States.
Sec. 14. Disclosure of data.
Sec. 15. Prohibited acts.
Sec. 16. Penalties.
Sec. 17. Specific enforcement and seizure.
Sec. 18. Preemption.
Sec. 19. Judicial review.
Sec. 20. Citizens' civil actions.
Sec. 21. Citizens' petitions.
Sec. 22. National defense waiver.
Sec. 23. Employee protection.
Sec. 24. Employment effects.
Sec. 25. Studies.
Sec. 26. Administration of the Act.
Sec. 27. Development and evaluation of test methods.
Sec. 28. State programs.
Sec. 29. Authorization for appropriations.
Sec. 30. Annual report.
Sec. 31. Effective date.
SEC. 2. FINDINGS, POLICY, AND INTENT.
(a) Findings.--The Congress finds that--,
(1) human beings and the environment are being exposed each
year to a large number of chemical substances and mixtures;
(2) among the many chemical substances and mixtures which are
constantly being developed and produced, there are some whose
manufacture, processing, distribution in commerce, use, or
disposal may present an unreasonable risk of injury to health or
the environment; and
(3) the effective regulation of interstate commerce in such
chemical substances and mixtures also necessitates the regulation
of intrastate commerce in such chemical substances and mixtures.
(b) Policy.--It is the policy of the United States that--,
(1) adequate data should be developed with respect to the
effect of chemical substances and mixtures on health and the
environment and that the development of such data should be the
responsibility of those who manufacture and those who process such
chemical substances and mixtures;
(2) adequate authority should exist to regulate chemical
substances and mixtures which present an unreasonable risk of
injury to health or the environment, and to take action with
respect to chemical substances and mixtures which are imminent
hazards; and
(3) authority over chemical substances and mixtures should be
exercised in such a manner as not to impede unduly or create
unnecessary economic barriers to technological innovation while
fulfilling the primary purpose of this Act to assure that such
innovation and commerce in such chemical substances and mixtures
do not present an unreasonable risk of injury to health or the
environment.
(c) Intent of Congress.--It is the intent of Congress that the
Administrator shall carry out this Act in a reasonable and prudent
manner, and that the Administrator shall consider the environmental,
economic, and social impact of any action the Administrator takes or
proposes to take under this Act.
SEC. 3. DEFINITIONS.
As used in this Act: // 15 USC 2602. //
(1) the term " Administrator" means the Administrator of the
Environmental Protection Agency.
(2)(A) Except as provided in subparagraph (B), the term "chemical
substance" means any organic or inorganic substance of a particular
molecular identity, including--,
(i) any combination of such substances occurring in whole or in
part as a result of a chemical reaction or occurring in nature,
and
(ii) any element or uncombined radical.
(B) Such term does not include--,
(i) any mixture,
(ii) any pesticide (as defined in the Federal Insecticide,
Fungicide, and Rodenticide Act)
// 7 USC 136 note. //
when manufactured, processed, or distributed in commerce for use
as a pesticide,
(iii) tobacco or any tobacco product,
(iv) any source material, special nuclear material, or
byproduct material (as such terms are defined in the Atomic Energy
Act of 1954 and regulations issued under such Act),
// 42 USC 2011 note. //
(v) any article the sale of which is subject to the tax imposed
by section 4181 of the Internal Revenue Code of 1954
// 26 USC 4181. //
(determined without regard to any exemptions from such tax
provided by section 4182 or 4221 or any other provision of such
Code),
// 26 USC 4182, 4221. //
and
(vi) any food, food additive, drug, cosmetic, or device (as
such terms are defined in section 201 of the Federal Food, Drug,
and Cosmetic Act)
// 21 USC 321. //
when manufactured, processed, or distributed in commerce for use
as a food, food additive, drug, cosmetic, or device.
The term "food" as used in clause (vi) of this subparagraph includes
poultry and poultry products (as defined in sections 4(e) and 4(f) of
the Poultry Products Inspection Act), // 21 USC 453. // meat and meat
food products (as defined in section 1(j) of the Federal Meat Inspection
Act), // 21 USC 601. // and eggs and egg products (as defined in
section 4 of the Egg Products Inspection Act). // 21 USC 1033. //
(3) The term "commerce" means trade, traffic, transportation, or
other commerce (A) between a place in a State and any place outside of
such State, or (B) which affects trade, traffic, transportation, or
commerce described in clause (A).
(4) The terms "distribute in commerce" and "distribution in commerce"
when used to describe an action taken with respect to a chemical
substance or mixture or article containing a substance or mixture mean
to sell, or the sale of, the substance, mixture, or article in commerce;
to introduce or deliver for introduction into commerce, or the
introduction or delivery for introduction into commerce of, the
substance, mixture, or article; or to hold, or the holding of, the
substance, mixture, or article after its introduction into commerce.
(5) The term "environment" includes water, air, and land and the
interrelationship which exists among and between water, air, and land
and all living things.
(6) The term "health and safety study" means any study of any effect
of a chemical substance or mixture on health or the environment or on
both, including underlying data and epidemiological studies, studies of
occupational exposure to a chemical substance or mixture, toxicological,
clinical, and ecological studies of a chemical substance or mixture, and
any test performed pursuant to this Act.
(7) The term "manufacture" means to import into the customs territory
of the United States (as defined in general headnote 2 of the Tariff
Schedules of the United States), // 19 USC 1202. // produce, or
manufacture.
(8) The term "mixture" means any combination of two or more chemical
substances if the combination does not occur in nature and is not, in
whole or in part, the result of a chemical reaction; except that such
term does include any combination which occurs, in whole or in part, as
a result of a chemical reaction if none of the chemical substances
comprising the combination is a new chemical substance and if the
combination could have been manufactured for commercial purposes without
a chemical reaction at the time the chemical substances comprising the
combination were combined.
(9) The term "new chemical substance" means any chemical substance
which is not included in the chemical substance list compiled and
published under section 8(b).
(10) The term "process" means the preparation of a chemical substance
or mixture, after its manufacture, for distribution in commerce--,
(A) in the same form or physical state as, or in a different
form or physical state from, that in which it was received by the
person so preparing such substance or mixture, or
(B) as part of an article containing the chemical substance or
mixture.
(11) The term "processor" means any person who processes a chemical
substance or mixture.
(12) The term "standards for the development of test data" means a
prescription of--,
(A) the--,
(i) health and environmental effects, and
(ii) information relating to toxicity, persistence, and other
characteristics which affect health and the environment,
for which test data for a chemical substance or mixture are to be
developed and any analysis that is to be performed on such data,
and
(B) to the extent necessary to assure that data respecting such
effects and characteristics are reliable and adequate--,
(i) the manner in which such data are to be developed,
(ii) the specification of any test protocol or methodology to be
employed in the development of such data, and
(iii) such other requirements as are necessary to provide such
assurance.
(13) The term " State" means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Canal Zone, American Samoa, the Northern Mariana
Islands, or any other territory or possession of the Unite States.
(14) The term " United States", when used in the geographic sense,
means all of the States.
SEC. 4. TESTING OF CHEMICAL SUBSTANCES AND MIXTURES.
(a) Testing Requirements. // 15 USC 2603. // --If the Administrator
finds that--,
(1)(A)(i) the manufacture, distribution in commerce,
processing, use, or disposal of a chemical substance or mixture,
or that any combination of such activities, may present an
unreasonable risk of injury to health or the environment,
(ii) there are insufficient data and experience upon which the
effects of such manufacture, distribution in commerce, processing,
use, or disposal of such substance or mixture or of any
combination of such activities on health or the environment can
reasonably be determined or predicted, and
(iii) testing of such substance or mixture with respect to such
effects is necessary to develop such data; or
(B)(i) a chemical substance or mixture is or will be produced
in substantial quantities, and (I) it enters or may reasonably be
anticipated to enter the environment in substantial quantities or
(II) there is or may be significant or substantial human exposure
to such substance or mixture,
(ii) there are insufficient data and experience upon which the
effects of the manufacture, distribution in commerce, processing,
use, or disposal of such substance or mixture or of any
combination of such activities on health or the environment can
reasonably be determined or predicted, and
(iii) testing of such substance or mixture with respect to such
effects is necessary to develop such data; and
(2) in the case of a mixture, the effects which the mixture's
manufacture, distribution in commerce, processing, use, or
disposal or any combination of such activities may have on health
or the environment may not be reasonably and more efficiently
determined or predicted by testing the chemical substances which
comprise the mixture;
the Administrator shall by rule require that testing be conducted on
such substance or mixture to develop data with respect to the health and
environmental effects for which there is an insufficiency of data and
experience and which are relevant to a determination that the
manufacture, distribution in commerce, processing, use, or disposal of
such substance or mixture, or that any combination of such activities,
does or does not present an unreasonable risk of injury to health or the
environment.
(b)(1) Testing Requirement Rule.--A rule under subsection (a) shall
include--,
(A) identification of the chemical substance or mixture for
which testing is required under the rule,
(B) standards for the development of test data for such
substance or mixture, and
(C) with respect to chemical substances which are not new
chemical substances and to mixtures, a specification of the period
(which period may not be of unreasonable duration) within which
the persons required to conduct the testing shall submit to the
Administrator data developed in accordance with the standards
referred to in subparagraph (B).
In determining the standards and period to be included, pursuant to
subparagraphs (B) and (C), in a rule under subsection (a), the
Administrator's considerations shall include the relative costs of the
various test protocols and methodologies which may be required under the
rule and the reasonably foreseeable availability of the facilities and
personnel needed to perform the testing required under the rule. Any
such rule may require the submission to the Administrator of preliminary
data during the period prescribed under subparagraph (C).
(2)(A) The health and environmental effects for which standards for
the development of test data may be prescribed include carcinogenesis,
mutagenesis, teratogenesis, behavioral disorders, cumulative or
synergistic effects, and any other effect which may present an
unreasonable risk of injury to health or the environment. The
characteristics of chemical substances and mixtures for which such
standards may be prescribed include persistence, acute toxicity,
subacute toxicity, chronic toxicity, and any other characteristic which
may present such a risk. The methodologies that may be prescribed in
such standards include epidemiologic studies, serial or hierarchical
tests, in vitro tests, and whole animal tests, except that before
prescribing epidemiologic studies of employees, the Administrator shall
consult with the Director of the National Institute for Occupational
Safety and Health.
(B) From time to time, but not less than once each 12 months, the
Administrator shall review the adequacy of the standards for development
of data prescribed in rules under subsection (a) and shall, if
necessary, institute proceedings to make appropriate revisions of such
standards.
(3)(A) A rule under subsection (a) respecting a chemical substance or
mixture shall require the persons described in subparagraph (B) to
conduct test and submit data to the Administrator on such substance or
mixture, except that the Administrator may permit two or more of such
persons to designate one such person or a qualified third party to
conduct such tests and submit such data on behalf of the persons making
the designation.
(B) The following persons shall be required to conduct tests and
submit data on a chemical substance or mixture subject to a rule under
subsection (a):
(i) Each person who manufactures or intends to manufacture such
substance or mixture if the Administrator makes a finding
described in subsection (a)(1)(A)(ii) or (a)(1)(B)(ii) with
respect to the manufacture of such substance or mixture.
(ii) Each person who processes or intends to process such
substance or mixture if the Administrator makes a finding
described in subsection (a)(1)(A)(ii) or (a)(1)(B)(ii) with
respect to the processing of such substance or mixture.
(iii) Each person who manufactures or processes or intends to
manufacture or process such substance or mixture if the
Administrator makes a finding described in subsection (a)(1)(A)(
ii) or (a)(1)(B)(ii) with respect to the distribution in commerce,
use, or disposal of such substance or mixture.
(4) Any rule under subsection (a) requiring the testing of and
submission of data for a particular chemical substance or mixture shall
expire at the end of the reimbursement period (as defined in subsection
(c)(3)(B)) which is applicable to test data for such substance or
mixture unless the Administrator repeals the rule before such date; and
a rule under subsection (a) requiring the testing of and submission of
data for a category of chemical substances or mixtures shall expire with
respect to a chemical substance or mixture included in the category at
the end of the reimbursement period (as so defined) which is applicable
to test data for such substance or mixture unless the Administrator
before such date repeals the application of the rule to such substance
or mixture or repeals the rule.
(5) Rules issued under subsection (a) (and any substantive amendment
thereto or repeal thereof) shall be promulgated pursuant to section 553
of title 5, United States Code, except that (A) the Administrator shall
give interested persons an opportunity for the oral presentation of
data, views, or arguments, in addition to an opportunity to make written
submissions; (B) a transcript shall be made of any oral presentation;
and (C) the Administrator shall make and publish with the rule the
findings described in paragraph (1)(A) or (1)(B) of subsection (a) and,
in the case of a rule respecting a mixture, the finding described in
paragraph (2) of such subsection.
(c) Exemption.--(1) Any person required by a rule under subsection
(a) to conduct tests and submit data on a chemical substance or mixture
may apply to the Administrator (in such form and manner as the
Administrator shall prescribe) for an exemption from such requirement.
(2) If, upon receipt of an application under paragraph (1), the
Administrator determines that--,
(A) the chemical substance or mixture with respect to which
such application was submitted is equivalent to a chemical
substance or mixture for which data has been submitted to the
Administrator in accordance with a rule under subsection (a) or
for which data is being developed pursuant to such rule, and
(B) submission of data by the applicant on such substance or
mixture would be duplicative of data which has been submitted to
the Administrator in accordance with such rule or which is being
developed pursuant to such rule,
the Administrator shall exempt, in accordance with paragraph (3) or (4),
the applicant from conducting tests and submitting data on such
substance or mixture under the rule with respect to which such
application was submitted.
(3)(A) If the exemption under paragraph (2) of any person from the
requirement to conduct tests and submit test data on a chemical
substance or mixture is granted on the basis of the existence of
previously submitted test data and if such exemption is granted during
the reimbursement period for such test data (as prescribed by
subparagraph (B)), then (unless such person and the persons referred to
in clauses (i) and (ii) agree on the amount and method or reimbursement)
the Administrator shall order the person granted the exemption to
provide fair and equitable reimbursement (in an amount determined under
rules of the Administrator)--,
(i) to the person who previously submitted such test data, for
a portion of the costs incurred by such person in compllying with
the requirement to submit such data, and
(ii) to any other person who has been required under this
subparagraph to contribute with respect to such costs, for a
portion of the amount such person was required to contribute.
In promulgating rules for the determination of fair and equitable
reimbursement to the persons described in clauses (i) and (ii) for costs
incurred with respect to a chemical substance or mixture, the
Administrator shall, after consultation with the Attorney General and
the Federal Trade Commission, consider all relevant factors, including
the effect on the competitive position of the person required to provide
reimbursement in relation to the person to be reimbursed and the share
of the market for such substance or mixture of the person required to
provide reimbursement in relation to the share of such market of the
persons to be reimbursed. An order under this subparagraph shall, for
purposes of judicial review, be considered final agency action.
(B) For purposes of subparagraph (A), the reimbursement period for
any test data for a chemical substance or mixture is a period--,
(i) beginning on the date such data is submitted in accordance
with a rule promulgated under subsection (a), and
(ii) ending--,
(I) five years after the date referred to in clause (i), or
(II) at the expiration of a period which begins on the date referred to
in clause (i) and which is equal to the period which the Administrator
determines was necessary to develop such data,
whichever is later.
(4)(A) If the exemption under paragraph (2) of any person from the
requirement to conduct tests and submit test data on a chemical
substance or mixture is granted on the basis of the fact that test data
is being developed by one or more persons pursuant to a rule promulgated
under subsection (a), then (unless such person and the persons referred
to in clauses (i) and (ii) agree on the amount and method of
reimbursement) the Administrator shall order the person granted the
exemption to provide fair and equitable reimbursement (in an amount
determined under rules of the Administrator)--,
(i) to each such person who is developing such test data, for a
portion of the costs incurred by each such person in complying
with such rule, and
(ii) to any other person who has been required under this
subparagraph to contribute with respect to the costs of complying
with such rule, for a portion of the amount such person was
required to contribute.
In promulgating rules for the determination of fair and equitable
reimbursement to the persons described in clauses (i) and (ii) for costs
incurred with respect to a chemical substance or mixture, the
Administrator shall, after consultation with the Attorney General and
the Federal Trade Commission, consider the factors described in the
second sentence of paragraph (3)(A). An order under this subparagraph
shall, for purposes of judicial review, be considered final agency
action.
(B) If any exemption is granted under paragraph (2) on the basis of
the fact that one or more persons are developing test data pursuant to a
rule promulgated under subsection (a) and if after such exemption is
granted the Administrator determines that no such person has complied
with such rule, the Administrator shall (i) after providing written
notice to the person who holds such exemption and an opportunity for a
hearing, by order terminate such exemption, and (ii) notify in writing
such person of the requirements of the rule with respect to which such
exemption was granted.
(d) Notice.--Upon the receipt of any test data pursuant to a rule
under subsection (a), the Administrator shall publish a notice of the
receipt of such data in the Federal Register within 15 days of its
receipt. Subject to section 14, each such notice shall (1) identify the
chemical substance or mixture for which data have been received; (2)
list the uses or intended uses of such substance or mixture and the
information required by the applicable standards for the developnent of
test data; and (3) describe the nature of the test data developed.
Except as otherwise provided in section 14, such data shall be made
available by the Administrator for examination by any person.
(e) Priority List.--(1)(A) There is established a committee to make
recommendations to the Administrator respecting the chemical substances
and mixtures to which the Administrator should give priority
consideration for the promulgation of a rule under subsection (a). In
making such a recommendation with respect to any chemical substance or
mixture, the committee shall consider all relevant factors, including--,
(i) the quantities in which the substance or mixture is or will
be manufactured,
(ii) the quantities in which the substance or mixture enters or
will enter the environment,
(iii) the number of individuals who are or will be exposed to
the substance or mixture in their places of employment and the
duration of such exposure,
(iv) the extent to which human beings are or will be exposed to
the substance or mixture,
(v) the extent to which the substance or mixture is closely
related to a chemical substance or mixture which is known to
present an unreasonable risk of injury to health or the
environment,
(vi) the existence of data concerning the effects of the
substance or mixture on health or the environment,
(vii) the extent to which testing of the substance or mixture
may result in the development of data upon which the effects of
the substance or mixture on health or the environment can
reasonably be determined or predicted, and
(viii) the reasonably foreseeable availability of facilities
and personnel for performing testing on the substance or mixture.
The recommendations of the committee shall be in the form of a list of
chemical substances and mixtures which shall be set forth, either by
individual substance or mixture or by groups of substances or mixtures,
in the order in which the committee determines the Administrator should
take action under subsection (a) with respect to the substances and
mixtures. In establishing such list, the committee shall give priority
attention to those chemical substances and mixtures which are known to
cause or contribute to or which are suspected of causing or contributing
to cancer, gene mutations, or birth defects. The committee shall
designate chemical substances and mixtures on the list with respect to
which the committee determines the Administrator should, within 12
months of the date on which such substances and mixtures are first
designated, initiate a proceeding under subsection (a). The total
number of chemical substances and mixtures on the list which are
designated under the preceding sentence may not, at any time, exceed 50.
(B) As soon as practicable but not later than nine months after the
effective date of this Act, the committee shall publish in the Federal
Register and transmit to the Administrator the list and designations
required by subparagraph (A) together with the reasons for the
committee's inclusion of each chemical substance or mixture on the list.
At least every six months after the date of the transmission to the
Administrator of the list pursuant to the preceeding sentence, the
committee shall make such revisions in the list as it determines to be
necessary and shall transmit them to the Administrator together with the
committee's reasons for the revisions. Upon receipt of any such
revision, the Administrator shall publish in the Federal Register the
list with such revision, the reasons for such revision, and the
designations made under subparagraph (A). The Administrator shall
provide reasonable opportunity to any interested person to file with the
Administrator written comments on the committee's list, any revision of
such list by the committee, and designations made by the committee, and
shall make such comments available to the public. Within the 12-month
period beginning on the date of the first inclusion on the list of a
chemical substance or mixture designated by the committee under
subparagraph (A) the Administrator shall with respect to such chemical
substance or mixture either initiate a rulemaking proceeding under
subsection (a) or if such a proceeding is not initiated within such
period, publish in the Federal Register the Administrator's reason for
not initiating such a proceeding.
(2)(A) The committee established by paragraph (1)(A) shall consist of
eight members as follows:
(i) One member appointed by the Administrator from the
Environmental Protection Agency.
(ii) One member appointed by the Secretary of Labor from
officers or employees of the Department of Labor engaged in the
Secretary's activities under the Occupational Safety and Health
Act of 1970.
(iii) One member appointed by the Chairman of the Council on
Environmental Quality from the Council or its officers or
employees.
(iv) One member appointed by the Director of the National
Institute for Occupational Safety and Health from officers or
employees of the Institute.
(v) One member appointed by the Director of the National
Institute of Environmental Health Sciences from officers or
employees of the Institute.
(vi) One member appointed by the Director of the National
Cancer Institute from officers or employees of the Institute.
(vii) One member appointed by the Director of the National
Science Foundation from officers or employees of the Foundation.
(viii) One member appointed by the Secretary of Commerce from
officers or employees of the Department of Commerce.
(B)(i) An appointed member may designate an individual to serve on
the committee on the member's behalf. Such a designation may be made
only with the approval of the applicable appointing authority and only
if the individual is from the entity from which the member was
appointed.
(ii) No individual may serve as a member of the committee for more
than four years in the aggregate. If any member of the committee leaves
the entity from which the member was appointed, such member may not
continue as a member of the committee, and the member's position shall
be considered to be vacant. A vacancy in the committee shall be filled
in the same manner in which the original appointment was made.
(iii) Initial appointments to the committee shall be made not later
than the 60th day after the effective date of this Act. Not later than
the 90th day after such date the members of the committee shall hold a
meeting for the selection of a chairperson from among their number.
(C)(i) No member of the committee, or designee of such member, shall
accept employment or compensation from any person subject to any
requirement of this Act or of any rule promulgated or order issued
thereunder, for a period of at least 12 months after termination of
service on the committee.
(ii) No person, while serving as a member of the committee, or
designee of such member, may own any stocks or bonds, or have any
pecuniary interest, of substantial value in any person engaged in the
manufacture, processing, or distribution in commerce of any chemical
substance or mixture subject to any requirement of this Act or of any
rule promulgated or order issued thereunder.
(iii) The Administrator, acting through attorneys of the
Environmental Protection Agency, or the Attorney General may bring an
action in the appropriate district court of the United States to
restrain any violation of this subparagraph.
(D) The Administrator shall provide the committee such administrative
support services as may be necessary to enable the committee to carry
out its function under this subsection.
(f) Required Actions.--Upon the receipt of--,
(1) any test data required to be submitted under this Act, or
(2) any other information available to the Administrator,
which indicates to the Administrator that there may be a reasonable
basis to conclude that a chemical substance or mixture presents or will
present a significant risk or serious or widespread harm to human beings
from cancer, gene mutations, or birth defects, the Administrator shall,
within the 180-day period beginning on the date of the receipt of such
data or information, initiate appropriate action under section 5, 6, or
7 to prevent or reduce to a sufficient extent such risk or publish in
the Federal Register a finding that such risk is not unreasonable. For
good cause shown the Administrator may extend such period for an
additional period of not more than 90 days. The Administrator shall
publish in the Federal Register notice of any such extension and the
reasons therefor. A finding by the Administrator that a risk is not
unreasonable shall be considered agency action for purposes of judicial
review under chapter 7 of title 5, United States Code. // 5 USC 701.
// This subsection shall not take effect until two years after the
effective date of this Act.
(g) Petition for Standards for the Development of Test Data.--, A
person intending to manufacture or process a chemical substance for
which notice is required under section 5(a) and who is not required
under a rule under subsection (a) to conduct tests and submit data on
such substance may petition the Administrator to prescribe standards for
the development of test data for such substance. The Administrator
shall by order either grant or deny any such petition within 60 days of
its receipt. If the petition is granted, the Administrator shall
prescribe such standards for such substance within 75 days of the date
the petition is granted. If the petition is denied, the Administrator
shall publish, subject to section 14, in the Federal Register the
reasons for such denial.
SEC. 5. MANUFACTURING AND PROCESSING NOTICES.
(a) In General.--(1) Except as provided in subsection (h), // 15 USC
2604. // no person may--,
(A) manufacture a new chemical substance on or after the 30th
day after the date on which the Administrator first publishes the
list required by section 8(b), or
(B) manufacture or process any chemical substance for a use
which the Administrator has determined, in accordance with
paragraph (2), is a significant new use,
unless such person submits to the Administrator, at least 90 days before
such manufacture or processing, a notice, in accordance with subsection
(d), of such person's intention to manufacture or process such substance
and such person complies with any applicable requirement of subsection
(b).
(2) A determination by the Administrator that a use of a chemical
substance is a significant new use with respect to which notification is
required under paragraph (1) shall be made by a rule promulgated after a
consideration of all relevant factors, including--,
(A) the projected volume of manufacturing and processing of a
chemical substance,
(B) the extent to which a use changes the type or form of
exposure of human beings or the environment to a chemical
substance,
(C) the extent to which a use increases the magnitude and
duration of exposure of human beings or the environment to a
chemical substance, and
(D) the reasonably anticipated manner and methods of
manufacturing, processing, distribution in commerce, and disposal
of a chemical substance.
(b) Submission of Test Data.--(1)(A) If (i) a person is required by
subsection (a)(1) to submit a notice to the Administrator before
beginning the manufacture or processing of a chemical substance, and
(ii) such person is required to submit test data for such substance
pursuant to a rule promulgated under section 4 before the submission of
such notice, such person shall submit to the Administrator such data in
accordance with such rule at the time notice is submitted in accordance
with subsection (a)(1).
(B) If--,
(i) a person is required by subsection (a)(1) to submit a
notice to the Administrator, and
(ii) such person has been granted an exemption under section
4(c) from the requirements of a rule promulgated under section 4
before the submission of such notice,
such person may not, before the expiration of the 90 day period which
begins on the date of the submission in accordance with such rule of the
test data the submission or development of which was the basis for the
exemption, manufacture such substance if such person is subject to
subsection (a)(1)(A) or manufacture or process such substance for a
significant new use if the person is subject to subsection (a)(1)(B).
(2)(A) If a person--,
(i) is required by subsection (a)(1) to submit a notice to the
Administrator before beginning the manufacture or processing of a
chemical substance listed under paragraph (4), and
(ii) is not required by a rule promulgated under section 4
before the submission of such notice to submit test data for such
substance,
such person shall submit to the Administrator data prescribed by
subparagraph (B) at the time notice is submitted in accordance with
subsection (a)(1).
(B) Data submitted pursuant to subparagraph (A) shall be data which
the person submitting the data believes show that--,
(i) in the case of a substance with respect to which notice is
required under subsection (a)(1)(A), the manufacture, processing,
distribution in commerce, use, and disposal of the chemical
substance or any combination of such activities will not present
an unreasonable risk or injury to health or the environment, or
(ii) in the case of a chemical substance with respect to which
notice is required under subsection (a)(1)(B), the intended
significant new use of the chemical substance will not present an
unreasonable risk of injury to health or the environment.
(3) Data submitted under paragraph (1) or (2) shall be made
available, subject to section 14, for examination by interested persons.
(4)(A)(i) The Administrator may, by rule, compile and keep current a
list of chemical substances with respect to which the Administrator
finds that the manufacture, processing, distribution in commerce, use,
or disposal, or any combination of such activities, presents or may
present an unreasonable risk of injury to health or the environment.
(ii) In making a finding under clause (i) that the manufacture,
processing, distribution in commerce, use, or disposal of a chemical
substance or any combination of such activities presents or may present
an unreasonable risk of injury to health or the environment, the
Administrator shall consider all relevant factors, including--,
(I) the effects of the chemical substance on health and the
magnitude of human exposure to such substance; and
(II) the effects of the chemical substance on the environment
and the magnitude of environmental exposure to such substance.
(B) The Administrator shall, in prescribing a rule under subparagraph
(A) which lists any chemical substance, identify those uses, if any,
which the Administrator determines, by rule under subsection (a)(2),
would constitute a significant new use of such substance.
(C) Any rule under subparagraph (A), and any substantive amendment or
repeal of such a rule, shall be promulgated pursuant to the procedures
specified in section 553 of title 5, United States Code, except that (i)
the Administrator shall give interested persons an opportunity for the
oral presentation of data, views, or arguments, in addition to an
opportunity to make written submissions, (ii) a transcript shall be kept
of any oral presentation, and (iii) the Administrator shall make and
publish with the rule the finding described in subparagraph (A).
(c) Extension of Notice Period.--The Administrator may for good cause
extend for additional periods (not to exceed in the aggregate 90 days)
the period, prescribed by subsection (a) or (b) before which the
manufacturing or processing or a chemical substance subject to such
subsection may begin. Subject to section 14, such an extension and the
reasons therefor shall be published in the Federal Register and shall
constitute a final agency action subject to judicial review.
(d) Content of Notice; Publications in the Federal Register.--, (1)
The notice required by subsection (a) shall include--,
(A) insofar as known to the person submitting the notice or
insofar as reasonably ascertainable, the information described in
subparagraphs (A), (B), (C), (D), (F), and (G) of section 8(a)(
2), and
(B) in such form and manner as the Administrator may prescribe,
any test data in the possession or control of the person giving
such notice which are related to the effect of any manufacture,
processing, distribution in commerce, use, or disposal of such
substance or any article containing such substance, or of any
combination of such activities, on health or the environment, and
(C) a description of any other data concerning the
environmental and health effects of such substance, insofar as
known to the person making the notice or insofar as reasonably
ascertainable.
Such a notice shall be made available, subject to section 14, for
examination by interested persons.
(2) Subject to section 14, not later than five days (excluding
Saturdays, Sundays and legal holidays) after the date of the receipt of
a notice under subsection (a) or of data under subsection (b), the
Administrator shall publish in the Federal Register a notice which--,
(A) identifies the chemical substance for which notice or data
has been received;
(B) lists the uses or intended uses of such substance; and
(C) in the case of the receipt of data under subsection (b),
describes the nature of the tests performed on such substance and
any data which was developed pursuant to subsection (b) or a rule
under section 4.
A notice under this paragraph respecting a chemical substance shall
identify the chemical substance by generic class unless the
Administrator determines that more specific identification is required
in the public interest.
(3) At the beginning of each month the Administrator shall publish a
list in the Federal Register of (A) each chemical substance for which
notice has been received under subsection (a) and for which the
notification period prescribed by subsection (a), (b), or (c) has not
expired, and (B) each chemical substance for which such notification
period has expired since the last publication in the Federal Register of
such list.
(e) Regulation Pending Development of Information.--(1)(A) If the
Administrator determines that--,
(i) the information available to the Administrator is
insufficient to permit a reasoned evaluation of the health and
environmental effects of a chemical substance with respect to
which notice is required by subsection (a); and
(ii)(I) in the absence of sufficient information to permit the
Administrator to make such an evaluation, the manufacture,
processing, distribution in commerce, use, or disposal of such
substance, or any combination of such activities, may present an
unreasonable risk of injury to health or the environment, or
(Ii) such substance is or will be produced in substantial
quantities, and such substance either enters or may reasonably be
anticipated to enter the environment in substantial quantities or
there is or may be significant or substantial human exposure to
the substance,
the Administrator may issue a proposed order, to take effect on the
expiration of the notification period applicable to the manufacturing or
processing of such substance under subsection (a), (b), or (c), to
prohibit or limit the manufacture, processing, distribution in commerce,
use, or disposal of such substance or to prohibit or limit any
combination of such activities.
(B) A proposed order may not be issued under subparagraph (A)
respecting a chemical substance (i) later than 45 days before the
expiration of the notification period applicable to the manufacture or
processing of such substance under subsection (a), (b), or (c), and (ii)
unless the Administrator has, on or before the issuance of the proposed
order, notified, in writing, each manufacturer or processor, as the case
may be, of such substance of the determination which underlies such
order.
(C) If a manufacturer or processor of a chemical substance to be
subject to a proposed order issued under subparagraph (A) files with the
Administrator (within the 30-day period beginning on the date such
manufacturer or processor received the notice required by subparagraph
(B)(ii)) objections specifying with particularity the provisions of the
order deemed objectionable and stating the grounds therefor, the
proposed order shall not take effect.
(2)(A)(i) Except as provided in clause (ii), if with respect to a
chemical substance with respect to which notice is required by
subsection (a), the Administrator makes the determination described in
paragraph (1)(A) and if--,
(I) the Administrator does not issue a proposed order under
paragraph (1) respecting such substance, or
(II) the Administrator issues such an order respecting such
substance but such order does not take effect because objections
were filed under paragraph (1)(C) with respect to it,
the Administrator, through attorneys of the Environmental Protection
Agency, shall apply to the United States District Court for the judicial
of Columbia or the United States district court for the judicial
district in which the manufacturer or processor, as the case may be, of
such substance is found, resides, or transacts business for an
injunction to prohibit or limit the manufacture, processing,
distribution in commerce, use, or disposal of such substance (or to
prohibit or limit any combination of such activities).
(ii) If the Administrator issues a proposed order under paragraph
(1)(A) respecting a chemical substance but such order does not take
effect because objections have been filed under paragraph (1)(C) with
respect to it, the Administrator is not required to apply for an
injunction under clause (i) respecting such substance if the
Administrator determines, on the basis of such objections, that the
determinations under paragraph (1)(A) may not be made.
(B) A district court of the United States which receives an
application under subparagraph (A)(i) for an injunction respecting a
chemical substance shall issue such injunction if the court finds
that--,
(i) the information available to the Administrator is
insufficient to permit a reasoned evaluation of the health and
environmental effects of a chemical substance with respect to
which notice is required by subsection (a); and
(ii)(I) in the absence of sufficient information to permit the
Administrator to make such an evaluation, the manufacture,
processing, distribution in commerce, use, or disposal of such
substance, or any combination of such activities, may present an
unreasonable risk or injury to health or the environment, or
(II) such substance is or will be produced in substantial
quantities, and such substance either enters or may reasonably be
anticipated to enter the environment in substantial quantities or
there is or may be significant or substantial human exposure to
the substance.
(C) Pending the completion of a proceeding for the issuance of an
injunction under subparagraph (B) respecting a chemical substance, the
court may, upon application of the Administrator made through attorneys
of the Environmental Protection Agency, issue a temporary restraining
order or a preliminary injunction to prohibit the manufacture,
processing, distribution in commerce, use, or disposal of such a
substance (or any combination of such activities) if the court finds
that the notification period applicable under subsection (a), (b), or
(c) to the manufacturing or processign of such substance may expire
before such proceeding can be completed.
(D) After the submission to the Administrator of test data sufficient
to evaluate the health and environmental effects of a chemical substance
subject to an injunction issued under usbparagraph (B) and the
evaluation of such data by the Administrator, the district court of the
United States which issued such injunction shall, upon petition,
dissolve the injunction unless the Administrator has initiated a
proceeding for the issuance of a rule under section 6(a) respecting the
substance. If such a proceeding has been initiated, such court shall
continue the injunction in effect until the effective date of the rule
promulgated in such proceeding or, if such proceeding is terminated
without the promulgation of a rule, upon the termination of the
proceeding, whichever occurs first.
(f) Protection Against Unreasonable Risks.--(1) If the Administrator
finds that there is a reasonable basis to conclude that the manufacture,
processing, distribution in commerce, use, or disposal of a chemical
substance with respect to which notice is required by subsection (a), or
that any combination of such activities, presents or will present an
unreasonable risk of injury to health or environment before a rule
promulgated under section 6 can protect against such risk, the
Administrator shall, before the expiration of the notification period
applicable under subsection (a), (b), or (c) to the manufacturing or
processing of such substance, take action authorized by paragraph (2) or
(3) to the extent necessary to protect against such risk.
(2) The Administrator may issue a proposed rule under section 6(a) to
apply to a chemical substance with respect to which a finding was made
under paragraph (1)--,
(A) a requirement limiting the amount of such substance which
may be manufactured, processed, or distributed in commerce,
(B) a requirement described in paragraph (2), (3), (4), (5),
(6), or (7) of section 6(a), or
(C) any combination of the requirements referred to in
subparagraph (B).
Such a proposed rule shall be effective upon its publication in the
Federal Register. Section 6(d)(2)(B) shall apply with respect to such
rule.
(3)(A) The Administrator may--,
(i) issue a proposed order to prohibit the manufacture,
processing, or distribution in commerce of a substance with
respect to which a finding was made under paragraph (1), or
(ii) apply, through attorneys of the Environmental Protection
Agency, to the United States District Court for the District of
Columbia or the United States district court for the judicial
district in which the manufacturer, or processor, as the case may
be, of such substance, is found, resides, or transacts business
for an injunction to prohibit the manufacture, processing, or
distribution in commerce of such substance.
A proposed order issued under clause (i) respecting a chemical substance
shall take effect on the expiration of the notification period
applicable under subsection (a), (b), or (c) to the manufacture or
processing of such substance.
(B) If the district court of the United States to which an
application has been made under subparagraph (A)(ii) finds that there is
a reasonable basis to conclude that the manufacture, processing,
distribution in commerce, use, or disposal of the chemical substance
with respect to which such application was made, or that any combination
of such activities, presents or will present an unreasonable risk of
injury to health or the environment before a rule promulgated under
section 6 can protect against such risk, the court shall issue an
injunction to prohibit the manufacture, processing, or distribution in
commerce of such substance or to prohibit any combination of such
activities.
(C) The provisions of subparagraphs (B) and (C) of subsection (e)(1)
shall apply with respect to an order issued under clause (i) of
subparagraph (A); and the provisions of subparagraph (C) of subsection
(e)(2) shall apply with respect to an injunction issued under
subparagraph (B).
(D) If the Administrator issues an order pursuant to subparagraph
(A)(i) respecting a chemical substance and objections are filed in
accordance with subsection (e)(1)(C), the Administrator shall seek an
injunction under subparagraph (A)(ii) respecting such substance unless
the Administrator determines, on the basis of such objections, the such
substance does not or will not present an unreasonable risk of injury to
health or the environment.
(g) Statement of Reasons for Not Taking Action.--If the Administrator
has not initiated any action under this section or section 6 or 7 to
prohibit or limit the manufacture, processing, distribution in commerce,
use, or disposal of a chemical substance, with respect to which
notification or data is required by subsection (a)(1)(B) or (b), before
the expiration of the notification period applicable to the
manufacturing or processing of such substance, the Administrator shall
publish a statement of the Administrator's reasons for not initiating
such action. Such a statement shall be published in the Federal
Register before the expiration of such period. Publication of such
statement in accordance with the preceding sentence is not a
prerequisite to the manufacturing or processing of the substance with
respect to which the statement is to be published.
(h) Exemptions.--(1) The Administrator may, upon application, exempt
any person from any requirement of subsection (a) or (b) to permit such
person to manufacture or process a chemical substance for test marketing
purposes--,
(A) upon a showing by such person satisfactory to the
Administrator that the manufacture, processing, distribution in
commerce, use, and disposal of such substance, and that any
combination of such activities, for such purposes will not present
any unreasonable risk of injury to health or the environment, and
(B) under such restrictions as the Administrator considers
appropriate.
(2)(A) The Administrator may, upon application, exempt any person
from the requirement of subsection (b)(2) to submit data for a chemical
substance. If, upon receipt of an application under the preceding
sentence, the Administrator determines that--,
(i) the chemical substance with respect to which such
application was submitted is equivalent to a chemical substance
for which data has been submitted to the Administrator as required
by subsection (b)(2), and
(ii) submission of data by the applicant on such substance
would be duplicative of data which has been submitted to the
Administrator in accordance with such subsection,
the Administrator shall exempt the applicant from the requirement to
submit such data on such substance. No exemption which is granted under
this subparagraph with respect to the submission of data for a chemical
substance may take effect before the beginning of the reimbursement
period applicable to such data.
(B) If the Administrator exempts any person, under subparagraph (A),
from submitting data required under subsection (b)(2) for a chemical
substance because of the existence of previously submitted data and if
such exemption is granted during the reimbursement period for such data,
then (unless such person and the persons referred to in clauses (i) and
(ii) agree on the amount and method of reimbursement) the Administrator
shall order the person granted the exemption to provide fair and
equitable reimbursement (in an amount determined under rules of the
Administrator)--,
(i) to the person who previously submitted the data on which
the exemption was based, for a portion of the costs incurred by
such person in complying with the requirement under subsection
(b)(2) to submit such data, and
(ii) to any other person who has been required under this
subparagraph to contribute with respect to such costs, for a
portion of the amount such person was required to contribute.
In promulgating rules for the determination of fair and equitable
reimbursement to the persons described in clauses (i) and (ii) for costs
incurred with respect to a chemical substance, the Administrator shall,
after consultation with the Attorney General and the Federal Trade
Commission, consider all relevant factors, including the effect on the
competitive position of the person required to provide reimbursement in
relation to the persons to be reimbursed and the share of the market for
such substance of the person required to provide reimbursement in
relation to the share of such market of the persons to be reimbursed.
For purposes of judicial review, an order under this subparagraph shall
be considered final agency action.
(C) For purposes of this paragraph, the reimbursement period for any
previously submitted data for a chemical substance is a period--,
(i) beginning on the date of the termination of the
prohibition, imposed under this section, on the manufacture or
processing of such substance by the person who submitted such data
to the Administrator, and
(ii) ending--,
(I) five years after the date referred to in clause (i), or
(II) at the expiration of a period which begins on the date referred to
in clause (i) and is equal to the period which the Administrator
determines was necessary to develop such data,
whichever is later.
(3) The requirements of subsections (a) and (b) do not apply with
respect to the manufacturing or processing of any chemical substance
which is manufactured or processed, or proposed to be manufactured or
processed, only in small quantities (as defined by the Administrator by
rule) solely for purposes of--,
(A) scientific experimentation or analysis, or
(B) chemical research on, or analysis of such substance or
another substance, including such research or analysis for the
development of a product,
if all persons engaged in such experimentation, research, or analysis
for a manufacturer or processor are notified (in such form and manner as
the Administrator may prescribe) of any risk to health which the
manufacturer, processor, or the Administrator has reason to believe may
be associated with such chemical substance.
(4) The Administrator may, upon application and by rule, exempt the
manufacturer of any new chemical substance from all or part of the
requirements of this section if the Administrator determines that the
manufacture, processing, distribution in commerce, use, or disposal of
such chemical substance, or that any combination of such activities,
will not present an unreasonable risk of injury to health or the
environment. A rule promulgated under this paragraph (and any
substantive amendment to, or repeal of, such a rule) shall be
promulgated in accordance with paragraphs (2) and (3) of section 6(c).
(5) The Administrator may, upon application, make the requirements of
subsections (a) and (b) inapplicable with respect to the manufacturing
or processing of any chemical substance (A) which exists temporarily as
a result of a chemical reaction in the manufacturing or processing of a
mixture or another chemical substance, and (B) to which there is no, and
will not be, human or environmental exposure.
(6) Immediately upon receipt of an application under paragraph (1) or
(5) the Administrator shall publish in the Federal Register notice of
the receipt of such application. The Administrator shall give
interested persons an opportunity to comment upon any such application
and shall, within 45 days of its receipt, either approve or deny the
application. The Administrator shall publish in the Federal Register
notice of the approval or denial of such an application.
(i) Definition.--For purposes of this section, the terms
"manufacture" and "process" mean manufacturing or processing for
commercial purposes.
SEC. 6. REGULATION OF HAZARDOUS CHEMICAL SUBSTANCES AND MIXTURES.
(a) Scope of Regulation. // 15 USC 2605. // --If the Administrator
finds that there is a reasonable basis to conclude that the manufacture,
processing, distribution in commerce, use, or disposal of a chemical
substance or mixture, or that any combination of such activities,
presents or will present an unreasonable risk or injury to health or the
environment, the Administrator shall by rule apply one or more of the
following requirements to such substance or mixture to the extent
necessary to protect adequately against such risk using the least
burdensome requirements:
(1) A requirement (A) prohibiting the manufacturing,
processing, or distribution in commerce of such substance or
mixture, or (B) limiting the amount of such substance or mixture
which may be manufactured, processed, or distributed in commerce.
(2) A requirement--,
(A) prohibiting the manufacture, processing, or distribution in
commerce of such substance or mixture for (i) a particular use or (ii) a
particular use in a concentration in excess of a level specified by the
Administrator in the rule imposing the requirement, or
(B) limiting the amount of such substance or mixture which may be
manufactured, processed, or distributed in commerce for (i) a particular
use or (ii) a particular use in a concentration in excess of a level
specified by the Administrator in the rule imposing the requirement.
(3) A requirement that such substance or mixture or any article
containing such substance or mixture be marked with or accompanied
by clear and adequate warnings and instructions with respect to
its use, distribution in commerce, or disposal or with respect to
any combination of such activities. The form and content of such
warnings and instructions shall be prescribed by the
Administrator.
(4) A requirement that manufacturers and processors of such
substance or mixture make and retain records of the processes used
to manufacture or process such substance or mixture and monitor or
conduct tests which are reasonable and necessary to assure
compliance with the requirements of any rule applicable under this
subsection.
(5) A requirement prohibiting or otherwise regulating any
manner or method of commercial use of such substance or mixture.
(6)(A) A requirement prohibiting or otherwise regulating any
manner or method of disposal of such substance or mixture, or of
any article containing such substance or mixture, by its
manufacturer or processor or by any other person who uses, or
disposes of, it for commercial purposes.
(B) A requirement under subparagraph (A) may not require any
person to take any action which would be in violation of any law
or requirement of, or in effect for, a State or political
subdivision, and shall require each person subject to it to notify
each State and political subdivision in which a required disposal
may occur of such disposal.
(7) A requirement directing manufacturers or processors of such
substance or mixture (A) to give notice of such unreasonable risk
of injury to distributors in commerce of such substance or mixture
and, to the extent reasonably ascertainable, to other persons in
possession of such substance or mixture or exposed to such
substance or mixture, (B) to give public notice of such risk of
injury, and (C) to replace or repurchase such substance or mixture
as elected by the person to which the requirement is directed.
Any requirement (or combination of requirements) imposed under this
subsection may be limited in application to specified geographic areas.
(b) Quality Control.--If the Administrator has a reasonable basis to
conclude that a particular manufacturer or processor is manufacturing or
processing a chemical substance or mixture in a manner which
unintentionally causes the chemical substance or mixture to present or
which will cause it to present an unreasonable risk of injury to health
or the environment--,
(1) the Administrator may by order require such manufacturer or
processor to submit a description of the relevant quality control
procedures followed in the manufacturing or processing of such
chemical substance or mixture; and
(2) if the Administrator determines--,
(A) that such quality control procedures are inadequate to
prevent the chemical substance or mixture from presenting such
risk of injury, the Administrator may order the manufacturer or
processor to revise such quality control procedures to the extent
necessary to remedy such inadequacy; or
(B) that the use of such quality control procedures has
resulted in the distribution in commerce of chemical substances or
mixtures which present an unreasonable risk of injury to health or
the environment, the Administrator may order the manufacturer or
processor to (i) give notice of such risk to processors or
distributors in commerce of any such substance or mixture, or to
both, and, to the extent reasonably ascertainable, to any other
person in possession of or exposed to any such substance, (ii) to
give public notice of such risk, and (iii) to provide such
replacement or repurchase of any such substance or mixture as is
necessary to adequately protect health or the environment.
A determination under subparagraph (A) or (B) of paragraph (2) shall be
made on the record after opportunity for hearing in accordance with
section 554 of title 5, United States Code. Any manufacturer or
processor subject to a requirement to replace or repurchase a chemical
substance or mixture may elect either to replace or repurchase the
substance or mixture and shall take either such action in the manner
prescribed by the Administrator.
(c) Promulgation of Subsection (a) Rules.--(1) In promulgating any
rule under subsection (a) with respect to a chemical substance or
mixture, the Administrator shall consider and publish a statement with
respect to--,
(A) the effects of such substance or mixture on health and the
magnitude of the exposure of human beings to such substance or
mixture,
(B) the effects of such substance or mixture on the environment
and the magnitude of the exposure of the environment to such
substance or mixture,
(C) the benefits of such substance or mixture for various uses
and the availability of substitutes for such uses, and
(D) the reasonably ascertainable economic consequences of the
rule, after consideration of the effect on the national economy,
small business, technological innovation, the environment, and
public health.
If the Administrator determines that a risk of injury to health or the
environment could be eliminated or reduced to a sufficient extent by
actions taken under another Federal law (or laws) administered in whole
or in part by the Administrator, the Administrator may not promulgate a
rule under subsection (a) to protect against such risk of injury unless
the Administrator finds, in the Administrator's discretion, that it is
in the public interest to protect against such risk under this Act. In
making such a finding the Administrator shall consider (i) all relevant
aspects of the risk, as determined by the Administrator in the
Administrator's discretion, (ii) a comparison of the estimated costs of
complying with actions taken under this Act and under such law (or
laws), and (iii) the relative efficiency of actions under this Act and
under such law (or laws) to protect against such risk of injury.
(2) When prescribing a rule under subsection (a) the Administrator
shall proceed in accordance with section 553 of title 5, United States
Code (without regard to any refference in such section to sections 556
and 557 of such title), // 5 USC 556, 557. // and shall also (A)
publish a notice of proposed rulemaking stating with particularity the
reason for the proposed rule: (B) allow interested persons to submit
written data, views, and arguments, and make all such submissions
publicly available; (C) provide an opportunity for an informal hearing
in accordance with paragraph (3); (D) promulgate, if appropriate, a
final rule based on the matter in the rulemaking record (as defined in
section 19(a)), and (E) make and publish with the rule the finding
described in subsection (a).
(3) Informal hearings required by paragraph (2)(C) shall be conducted
by the Administrator in accordance with the following requirements:
(A) Subject to subparagraph (B), an interested person is
entitled--,
(i) to present such person's position orally or by documentary
submissions (or both), and
(ii) if the Administrator determines that there are disputed issues of
material fact it is necessary to resolve, to present such rebuttal
submissions and to conduct (or have conducted under subparagraph
(B)(ii)) such cross-examination of persons as the Administrator
determines (I) to be appropriate, and (II) to be required for a full and
true disclosure with respect to such issues.
(B) The Administrator may prescribe such rules and make such
rulings concerning procedures in such hearings to avoid unecessary
costs or delay. Such rules or rulings may include (i) the
imposition of reasonable time limits on each interested person's
oral presentations, and (ii) requirements that any
cross-examination to which a person may be entitled under
subparagraph (A) be conducted by the Administrator on behalf of
that person in such manner as the Administrator determines (I) to
be appropriate, and (II) to be required for a full and true
disclosure with respect to disputed issues of material fact.
(C)(i) Except as provided in clause (ii), if a group of persons
each of whom under subparagraphs (A) and (B) would be entitled to
conduct (or have conducted) cross-examination and who are
determined by the Administrator to have the same or similar
interests in the proceeding cannot agree upon a single
representative of such interests for purposes of
cross-examination, the Administrator may make rules and rulings
(I) limiting the representation of such interest for such
purposes, and (II) governing the manner in which such
cross-examination shall be limited.
(ii) When any person who is a member of a group with respect to
which the Administrator has made a determination under clause (i)
is unable to agree upon group representation with the other
members of the group, then such person shall not be denied under
the authority of clause (i) the opportunity to conduct (or have
conducted) cross-examination as to issues affecting the person's
particular interests if (I) the person satisfies the Administrator
that the person has made a reasonable and good faith effort to
reach agreement upon group representation with the other members
of the group and (II) the Administrator determines that there are
substantial and relevant issues which are not adequately presented
by the group representative.
(D) A verbatim transcript shall be taken of any oral
presentation made, and cross-examination conducted in any informal
hearing under this subsection. Such transcript shall be available
to the public.
(4)(A) The Administrator may, pursuant to rules prescribed by the
Administrator, provide compensation for reasonable attorneys' fees,
expert witness fees, and other costs of participating in a rulemaking
proceeding for the promulgation of a rule under subsection (a) to any
person--,
(i) who represents an interest which would substantially
contribute to a fair determination of the issues to be resolved in
the proceeding, and
(ii) if--,
(I) the economic interest of such person is small in comparison
to the costs of effective participation in the proceeding by such
person, or
(II) such person demonstrates to the satisfaction of the
Administrator that such person does not have sufficient resources
adequately to participate in the proceeding without compensation
under this subparagraph.
In determining for purposes of clause (i) if an interest will
substantially contribute to a fair determination of the issues to be
resolved in a proceeding, the Administrator shall take into account the
number and complexity of such issues and the extent to which
representation of such interest will contribute to widespread public
participation in the proceeding and representation of a fair balance of
interests for the resolution of such issues.
(B) In determining whether compensation should be provided to a
person under subparagraph (A) and the amount of such compensation, the
Administrator shall take into account the financial burden which will be
incurred by such person in participating in the rulemaking proceeding.
The Administrator shall take such action as may be necessary to ensure
that the aggregate amount of compensation paid under this paragraph in
any fiscal year to all persons who, in rulemaking proceedings in which
they receive compensation, are persons who either--,
(i) would be regulated by the proposed rule, or
(ii) represent persons who would be so regulated,
may not exceed 25 per centum of the aggregate amount paid as
compensation under this paragraph to all persons in such fiscal year.
(5) Paragraph (1), (2), (3), and (4) of this subsection apply to the
promulgation of a rule repealing, or making a substantive amendment to,
a rule promulgated under subsection (a).
(d) Effective Date.--(1) The Administrator shall specify in any rule
under subsection (a) the date on which it shall take effect, which date
shall be as soon as feasible.
(2)(A) The Administrator may declare a proposed rule under subsection
(a) to be effective upon its publication in the Federal Register and
until the effective date of final action taken, in accordance with
subparagraph (B), respecting such rule if--,
(i) the Administrator determines that--,
(I) the manufacture, processing, distribution in commerce, use,
or disposal of the chemical substance or mixture subject to such
proposed rule or any combination of such activities is likely to
result in an unreasonable risk of serious or widespread injury to
health or the environment before such effective date; and
(II) making such proposed rule so effective is necessary to
protect the public interest; and
(ii) in the case of a proposed rule to prohibit the
manufacture, processing, or distribution of a chemical substance
or mixture because of the risk determined under clause (i)(I), a
court has in an action under section 7 granted relief with respect
to such risk associated with such substance or mixture.
Such a proposed rule which is made so effective shall not, for purposes
of judicial review, be considered final agency action.
(B) If the Administrator makes a proposed rule effective upon its
publication in the Federal Register, the Administrator shall, as
expeditiously as possible, give interested persons prompt notice of such
action, provide reasonable opportunity, in accordance with paragraphs
(2) and (3) of subsection (c), for a hearing on such rule, and either
promulgate such rule (as proposed or with modifications) or revoke it;
and if such a hearing is requested, the Administrator shall commence the
hearing within five days from the date such request is made unless the
Administrator and the person making the request agree upon a later date
for the hearing to begin, and after the hearing is concluded the
Administrator shall, within ten days of the conclusion of the hearing,
either promulgate such rule (as proposed or with modifications) or
revoke it.
(e) Polychlorinated Biphenyls.--(1) Within six months after the
effective date of this Act the Administrator shall promulgate rules
to--,
(A) prescribe methods for the disposal of polychlorinated
biphenyls, and
(B) require polychlorinated biphenyls to be marked with clear
and adequate warnings, and instructions with respect to their
processing, distribution in commerce, use, or disposal or with
respect to any combination of such activities.
Requirements prescribed by rules under this paragraph shall be
consistent with the requirements of paragraphs (2) and (3).
(2)(A) Except as provided under subparagraph (B), effective one year
after the effective date of this Act no person may manufacture, process,
or distribute in commerce or use any polychlorinated biphenyl in any
manner other than in a totally enclosed manner.
(B) The Administrator may by rule authorize the manufacture,
processing, distribution in commerce or use (or any combination of such
activities) of any polychlorinated biphenyl in a manner other than in a
totally enclosed manner if the Administrator finds that such
manufacture, processing, distribution in commerce, or use (or
combination of such activities) will not present an unreasonable risk of
injury to health or the environment.
(C) For the purposes of this paragraph, the term "totally enclosed
manner" means any manner which will ensure that any exposure of human
beings or the environment to a polychlorinated biphenyl will be
insignificant as determined by the Administrator by rule.
(3)(A) Except as provided in subparagraphs (B) and (C)--,
(i) no person may manufacture any polychlorinated biphenyl
after two years after the effective date of this Act, and
(ii) no person may process or distribute in commerce any
polychlorinated biphenyl after two and one-half years after such
date.
(B) Any person may petition the Administrator for an exemption from
the requirements of subparagraph (A), and the Administrator may grant by
rule such an exemption if the Administrator finds that--,
(i) an unreasonable risk of injury to health or environment
would not result, and
(ii) good faith efforts have been made to develop a chemical
substance which does not present an unreasonable risk of injury to
health or the environment and which may be substituted for such
polychlorinated biphenyl.
An exemption granted under this subparagraph shall be subject to such
terms and conditions as the Administrator may prescribe and shall be in
effect for such period (but not more than one year from the date it is
granted) as the Administrator may prescribe.
(C) Subparagraph (A) shall not apply to the distribution in commerce
of any polychlorinated biphenyl if such polychlorinated biphenyl was
sold for purposes other than resale before two and one half years after
the date of enactment of this Act.
(4) Any rule under paragraph (1), (2)(B), or (3)(B) shall be
promulgated in accordance with paragraphs (2), (3), and (4) of
subsection (c).
(5) This subsection does not limit the authority of the
Administrator, under any other provision of this Act or any other
Federal law, to take action respecting any polychlorinated biphenyl.
SEC. 7. IMMINENT HAZARDS.
(a) Actions Authorized and Required. // 15 USC 2606. // --The
Administrator may commence a civil action in an appropriate district
court of the United States--,
(A) for siezure of an imminently hazardous chemical substance
or mixture or any article containing such a substance or mixture,
(B) for relief (as authorized by subsection (b)) against any
person who manufactures, processes, distributes in commerce, or
uses, or disposes of, an imminently hazardous chemical substance
or mixture or any article containing such a substance or mixture,
or
(C) for both such seizure and relief.
A civil action may be commenced under this paragraph notwithstanding the
existence of a rule under section 4, 5, or 6 or an order under section
5, and notwithstanding the pendency of any administrative or judicial
proceeding under any provision of this Act.
(2) If the Administrator has not made a rule under section 6(a)
immediately effective (as authorized by subsection 6(d)(2)(A)(i)) with
respect to an imminently hazardous chemical substance or mixture, the
Administrator shall commence in a district court of the United States
with respect to such substance or mixture or article containing such
substance or mixture civil action described in subparagraph (A), (B), or
(C) of paragraph (1).
(b) Relief Authorized.--(1) The district court of the United States
in which an action under subsection (a) is brought shall have
jurisdiction to grant such temporary or permanent relief as may be
necessary to protect health or the environment from the unreasonable
risk associated with the chemical substance, mixture, or article
involved in such action.
(2) In the case of an action under subsection (a) brought against a
person who manufactures, processes, or distributes in commerce a
chemical substance or mixture or an article containing a chemical
substance or mixture, the relief authorized by paragraph (1) may include
the issuance of a mandatory order requiring (A) in the case of
purchasers of such substance, mixture, or article known to the
defendant, notification to such purchasers of the risk associated with
it; (B) public notice of such risk; (C) recall; (D) the replacement
or repurchase of such substance, mixture, or article; or (E) any
combination of the actions described in the preceding clauses.
(3) In the case of an action under subsection (a) against a chemical
substance, mixture, or article, such substance, mixture, or article may
be proceeded against by process of libel for its seizure and
condemnation. Proceedings in such an action shall conform as nearly as
possible to proceedings in rem in admiralty.
(c) Venue and Consolidation.--(1)(A) An action under subsection (a)
against a person who manufactures, processes, or distributes a chemical
substance or mixture or an article containing a chemical substance or
mixture may be brought in the United States District Court for the
District of Columbia or for any judicial district in which any of the
defendants is found, resides, or transacts business; and process in
such an action may be served on a defendant in any other district in
which such defendant resides or may be found. An action under
subsection (a) against a chemical substance, mixture, or article may be
brought in any United States district court within the jurisdiction of
which the substance, mixture, or article is found.
(B) In determining the judicial district in which an action may be
brought under subsection (a) in instances in which such action may be
brought in more than one judicial district, the Administrator shall take
into account the convenience of the parties.
(C) Subpeonas requiring attendance of witnesses in an action brought
under subsection (a) may be served in any judicial district.
(2) Whenever proceedings under subsection (a) involving identical
chemical substances, mixtures, or articles are pending in courts in two
or more judicial districts, they shall be consolidated for trial by
order of any such court upon application reasonably made by any party in
interest, upon notice to all parties in interest.
(d) Action Under Section 6.--Where appropriate, concurrently with the
filing of an action under subsection (a) or as soon thereafter as may be
practicable, the Administrator shall initiate a proceeding for the
promulgation of a rule under section 6(a).
(e) Representation.--Notwithstanding any other provision of law, in
any action under subsection (a), the Administrator may direct attorneys
of the Environmental Protection Agency to appear and represent the
Administrator in such an action.
(f) Definition.--For the purposes of subsection (a), the term
"imminently hazardous chemical substance or mixture" means a chemical
substance or mixture which presents an imminent and unreasonable risk of
serious or widespread injury to health or the environment. Such a risk
to health or the environment shall be considered imminent if it is shown
that the manufacture, processing, distribution in commerce, use, or
disposal of the chemical substance or mixture, or that any combination
of such activities, is likely to result in such injury to health or the
environment before a final rule under section 6 can protect against such
risk.
SEC. 8. REPORTING AND RETENTION OF INFORMATION.
(a) Reports.--(1) // 15 USC 2607. // The Administrator shall
promulgate rules under which--,
(A) each person (other than a small manufacturer or processor)
who manufactures or processes or proposes to manufacture or
process a chemical substance (other than a chemical substance
described in subparagraph (B)(ii)) shall maintain such records,
and shall submit to the Administrator such reports, as the
Administrator may reasonably require, and
(B) each person (other than a small manufacturer or
processor)
who manufactures or processes or proposes to manufacture or
process--,
(i) a mixture, or
(ii) a chemical substance in small quantities (as defined by the
Administrator by rule) solely for purposes of scientific experimentation
or analysis or chemical research on, or analysis of, such substance or
another substance, including any such research or analysis for the
development of a product,
shall maintain records and submit to the Administrator reports but
only to the extent the Administrator determines the maintenance of
records or submission of reports, or both, is necessary for the
effective enforcement of this Act.
The Administrator may not require in a rule promulgated under this
paragraph the maintenance of records or the submission of reports with
respect to changes in the proportions of the components of a mixture
unless the Administrator finds that the maintenance of such records or
the submission of such reports, or both, is necessary for the effective
enforcement of this Act. For purposes of the compilation of the list of
chemical substances required under subsection (b), the Administrator
shall promulgate rules pursuant to this subsection not later than 180
days after the effective date of this Act.
(2) The Administrator may require under paragraph (1) maintenance of
records and reporting with respect to the following insofar as known to
the person making the report or insofar as reasonably ascertainable:
(A) The common or trade name, the chemical identity, and the
molecular structure of each chemical substance or mixture for
which such a report is required.
(B) The categories or proposed categories of use of each such
substance or mixture.
(C) The total amount of each such substance and mixture
manufactured or processed, reasonable estimates of the total
amount to be manufactured or processed, the amount manufactured or
processed for each of its categories of use, and reasonable
estimates of the amount to be manufactured or processed for each
of its categories of use or proposed categories of use.
(D) A description of the byproducts resulting from the
manufacture, processing, use, or disposal of each such substance
or mixture.
(E) All existing data concerning the environmental and health
effects of such substance or mixture.
(F) The number of individuals exposed, and reasonable estimates
of the number who will be exposed, to such substance or mixture in
their places of employment and the duration of such exposure.
(G) In the initial report under paragraph (1) on such substance
or mixture, the manner or method of its disposal, and in any
subsequent report on such substance or mixture, any change in such
manner or method.
To the extent feasible, the Administrator shall not require under
paragraph (1), any reporting which is unnecessary or duplicative.
(3)(A)(i) The Administrator may by rule require a small manufacturer
or processor of a chemical substance to submit to the Administrator such
information respecting the chemical substance as the Administrator may
require for publication of the first list of chemical substances
required by subsection (b).
(ii) The Administrator may by rule require a small manufacturer or
processor of a chemical substance or mixture--,
(I) subject to a rule proposed or promulgated under section 4,
5(b)(4), or 6, or an order in effect under section 5(e), or
(II) with respect to which relief has been granted pursuant to
a civil action brought under section 5 or 7,
to maintain such records on such substance or mixture, and to submit to
the Administrator such reports on such substance or mixture, as the
Administrator may reasonably require. A rule under this clause
requiring reporting may require reporting with respect to the matters
referred to in paragraph (2).
(B) The Administrator, after consultation with the Administrator of
the Small Business Administration, shall by rule prescribe standards for
determining the manufacturers and processors which qualify as small
manufacturers and processors for purposes of this paragraph and
paragraph (1).
(b) Inventory.--(1) The Administrator shall compile, keep current,
and publish a list of each chemical substance which is manufactured or
processed in the United States. Such list shall at least include each
chemical substance which any person reports, under section 5 or
subsection (a) of this section, is manufactured or processed in the
United States. Such list may not include any chemical substance which
was not manufactured or processed in the United States within three
years before the effective date of the rules promulgated pursuant to the
last sentence of subsection (a)(1). In the case of a chemical substance
for which a notice is submitted in accordance with section 5, such
chemical substance shall be included in such list as of the earliest
date (as determined by the Administrator) on which such substance was
manufactured or processed in the United States. The Administrator shall
first publish such a list not later than 315 days after the effective
date of this Act. The Administrator shall not include in such list any
chemical substance which is manufactured or processed only in small
quantities (as defined by the Administrator by rule) solely for purposes
of scientific experimentation or analysis or chemical research on, or
analysis of, such substance or another substance, including such
research or analysis for the development of a product.
(2) To the extent consistent with the purposes of this Act, the
Administrator may, in lieu of listing, pursuant to paragraph (1), a
chemical substance individually, list a category of chemical substances
in which such substance is included.
(c) Records.--Any person who manufactures, processes, or distributes
in commerce any chemical substance or mixture shall maintain records of
significant adverse reactions to health or the environment, as
determined by the Administrator by rule, alleged to have been caused by
the substance or mixture. Records of such adverse reactions to the
health of employees shall be retained for a period of 30 years from the
date such reactions were first reported to or known by the person
maintaining such records. Any other record of such adverse reactions
shall be retained for a period of five years from the date the
information contained in the record was first reported to or known by
the person maintaining the record. Records required to be maintained
under this subsection shall include records of consumer allegations of
personal injury or harm to health, reports of occupational disease or
injury, and reports or complaints of injury to the environment submitted
to the manufacturer, processor, or distributor in commerce from any
source. Upon request of any duly designated representative of the
Administrator, each person who is required to maintain records under
this subsection shall permit the inspection of such records and shall
submit copies of such records.
(d) Health and Safety Studies.--The Administrator shall promulgate
rules under which the Administrator shall require any person who
manufactures, processes, or distributes in commerce or who proposes to
manufacture, process, or distribute in commerce any chemical substance
or mixture (or with respect to paragraph (2), any person who has
possession of a study) to submit to the Administrator--,
(1) lists of health and safety studies (A) conducted or
initiated by or for such person with respect to such substance or
mixture at any time, (B) known to such person, or (C) reasonably
ascertainable by such person, except that the Administrator may
exclude certain types or categories of studies from the
requirements of this subsection if the Administrator finds that
submission of lists of such studies are unnecessary to carry out
the purposes of this Act; and
(2) copies of any study contained on a list submitted pursuant
to paragraph (1) or otherwise known by such person.
(e) Notice to Administrator of Substantial Risks.--Any person who
manufactures, processes, or distributes in commerce a chemical substance
or mixture and who obtains information which reasonably supports the
conclusion that such substance or mixture presents a substantial risk of
injury to health or the environment shall immediately inform the
Administrator of such information unless such person has actual
knowledge that the Administrator has been adequately informed of such
information.
(f) Definitions.--For purposes of this section, the terms
"manufacture" and "process" mean manufacture or process for commercial
purposes.
SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS.
(a) Laws Not Administered by the Administrator. // 15 USC 2608. //
--(1) If the Administrator has reasonable basis to conclude that the
manufacture, processing, distribution in commerce, use, or disposal of a
chemical substance or mixture, or that any combination of such
activities, presents or will present an unreasonable risk of injury to
health or the environment and determines, in the Administrator's
discretion, that such risk may be prevented or reduced to a sufficient
extent by action taken under a Federal law not administered by the
Administrator, the Administrator shall submit to the agency which
administers such law a report which describes such risk and includes in
such description a specification of the activity or combination of
activities which the Administrator has reason to believe so presents
such risk. Such report shall also request such agency--,
(A)(i) to determine if the risk described in such report may be
prevented or reduced to a sufficient extent by action taken under
such law, and
(ii) if the agency determines that such risk may be so
prevented or reduced, to issue an order declaring whether or not
the activity or combination of activities specified in the
description of such risk presents such risk; and
(B) to respond to the Administrator with respect to the matters
described in subparagraph (A).
Any report of the Administrator shall include a detailed statement of
the information on which it is bassed and shall be published in the
Federal Register. The agency receiving a request under such a report
shall make the requested determination, issue the requested order, and
make the requested response within such time as the Administrator
specifies in the request, but such time specified may not be less than
90 days from the date the request was made. The response of an agency
shall be accompanied by a detailed statement of the findings and
conclusions of the agency and shall be published in the Federal
Register.
(2) If the Administrator makes a report under paragraph (1) with
respect to a chemical substance or mixture and the agency to which such
report was made either--,
(A) issues an order declaring that the activity or combination
of activities specified in the description of the risk described
in the report does not present the risk described in the report,
or
(B) initiates, within 90 days of the publication in the Federal
Register of the response of the agency under paragraph (1), action
under the law (or laws) administered by such agency to protect
against such risk associated with such activity or combination of
activities,
the Adminstrator may not take any action under section 6 or 7 with
respect to such risk.
(3) If the Administrator has initiated action under section 6 or 7
with respect to a risk associated with a chemical substance or mixture
which was the subject of a report made to an agency under paragraph (1),
such agency shall before taking action under the law (or laws)
administered by it to protect against such risk consult with the
Administrator for the purpose of avoiding duplication of Federal action
against such risk.
(b) Laws Administered by the Administrator.--The Administrator shall
coordinate actions taken under this Act with actions taken under other
Federal laws administered in whole or in part by the Administrator. If
the Administrator determines that a risk to health or the environment
associated with a chemical substance or mixture could be eliminated or
reduced to a sufficient extent by actions taken under the authorities
contained in such other Federal laws, the Administrator shall use such
authorities to protect against such risk unless the Administrator
determines, in the Administrator's discretion, that it is in the public
interest to protect against such risk by actions taken under this Act.
This subsection shall not be construed to relieve the Administrator of
any requirement imposed on the Administrator by such other Federal laws.
(c) Occupational Safety and Health.--In exercising any authority
under this Act, the Administrator shall not, for purposes of section 4(
b)(1) of the Occupational Safety and Health Act of 1970, // 29 USC 651
note. // be deemed to be exercising statutory authority to prescribe or
enforce standards or regulations affecting occupational safety and
health.
(d) Coordination.--In administering this Act, the Administrator shall
consult and coordinate with the Secretary of Health, Education, and
Welfare and the heads of any other appropriate Federal executive
department or agency, any relevant independent regulatory agency, and
any other appropriate instrumentality of the Federal Government for the
purpose of achieving the maximum enforcement of this Act while imposing
the least burdens of duplicative requirements on those subject to the
Act and for other purposes. The Administrator shall, in the report
required by section 30, report annually to the Congress on actions taken
to coordinate with such other Federal departments, agencies, or
instrumentalities, and on actions taken to coordinate the authority
under this Act with the authority granted under other Acts referred to
in subsection (b).
SEC. 10. RESEARCH, DEVELOPMENT, COLLECTION, dissemination, AND
UTILIZATION OF DATA.
(a) Authority. // 15 USC 2609. // --The Administrator shall, in
consultation and cooperation with the Secretary of Health, Education,
and Welfare and with other heads of appropriate departments and
agencies, conduct such research, development, and monitoring as is
necessary to carry out the purposes of this Act. The Administrator may
enter into contracts and may make grants for research, development, and
monitoring under this subsection. Contracts may be entered into under
this subsection without regard to sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529, 14 U.S.C. 5).
(b) Data Systems.--(1) The Administrator shall establish, administer,
and be responsible for the continuing activities of an interagency
committee which shall design, establish, and coordinate and efficient
and effective system, within the Environmental Protection Agency, for
the collection, dissemination to other Federal departments and agencies,
and use of data submitted to the Administrator under this Act.
(2)(A) The Administrator shall, in consultation and cooperation with
the Secretary of Health, Education, and Welfare and other heads of
appropriate departments and agencies design, establish, and coordinate
an efficient and effective system for the retrieval of toxicological and
other scientific data which could be useful to the Administrator in
carrying out the purposes of this Act. Systematized retrieval shall be
developed for use by all Federal and other departments and agencies with
responsibilities in the area of regulation or study of chemical
substances and mixtures and their effect on health or the environment.
(B) The Administrator, in consultation and cooperation with the
Secretary of Health, Education, and Welfare, may make grants and enter
into contracts for the development of a data retieval system described
in subparagraph (A). Contracts may be entered into under this
subparagraph without regard to sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529, 41 U.S.C. 5).
(c) Screening Techniques.--The Administrator shall coordinate, with
the Assistant Secretary for Health of the Department of Health,
Education, and Welfare, research undertaken by the Administrator and
directed toward the development of rapid, reliable, and economical
screening techniques for carcinogenic, mutagenic, teratogenic, and
ecological effects of chemical substances and mixtures.
(d) Monitoring.--The Administrator shall, in consultation and
cooperation with the Secretary of Health, Education, and Welfare,
establish and be responsible for research aimed at the development, in
cooperation with local, State, and Federal agencies, of monitoring
techniques and instruments which may be used in the detection of toxic
chemical substances and mixtures and which are reliable, economical, and
capable of being implemented under a wide variety of conditions.
(e) Basic Research.--The Administrator shall, in consultation and
cooperation with the Secretary of Health, Education, and Welfare,
establish research programs to develop the fundamental scientific basis
of the screening and monitoring techniques described in subsections (c)
and (d), the bounds of the reliability of such techniques, and the
opportunities for their improvement.
(f) Training.--The Administrator shall establish and promote programs
and workshops to train or facilitate the training of Federal laboratory
and technical personnel in existing or newly developed screening and
monitoring techniques.
(g) Exchange of Research and Development Results.--The Administrator
shall, in consultation with the Secretary of Health, Education, and
Welfare and other heads of appropriate departments and agencies,
establish and coordinate a system for exchange among Federal, State, and
local authorities of research and development results respecting toxic
chemical substances and mixtures, including a system to facilitate and
promote the development of standard data format and analysis and
consistent testing procedures.
SEC. 11. INSPECTIONS AND SUBPOENAS.
(a) In General. // 15 USC 2610. // --For purposes of administering
this Act, the Administrator, and any duly designated representative of
the Administrator, may inspect any establishment, facility, or other
premises in which chemical substances or mixtures are manufactured,
processed, stored, or held before or after their distribution in
commerce and any conveyance being used to transport chemical substances,
mixtures, or such articles in connection with distribution in commerce.
Such an inspection may only be made upon the presentation of appropriate
credentials and of a written notice to the owner, operator, or agent in
charge of the premises or conveyance to be inspected. A separate notice
shall be given for each such inspection, but a notice shall not be
required for each entry made during the period covered by the
inspection. Each such inspection shall be commenced and completed with
reasonable promptness and shall be conducted at reasonable times, within
reasonable limits, and in a reasonable manner.
(b) Scope.--(1) Except as provided in paragraph (2), an inspection
conducted under subsection (a) shall extend to all things within the
premises or conveyance inspected (including records, files, papers,
processes, controls, and facilities) bearing on whether the requirements
of this Act applicable to the chemical substances or mixtures within
such premises or conveyance have been complied with.
(2) No inspection under subsection (a) shall extend to--,
(A) financial data,
(B) sales data (other than shipment data),
(C) pricing data,
(D) personnel data, or
(E) research data (other than data required by this Act or
under a rule promulgated thereunder),
unless the nature and extent of such data are described with reasonable
specificity in the written notice required by subsection (a) for such
inspection.
(c) Subpoenas.--In carrying out this Act, the Administrator may by
subpoena require the attendance and testimony of witnesses and the
production of reports, papers, documents, answers to questions, and
other information that the Administrator deems necessary. Witnesses
shall be paid the same fees and mileage that are paid witnesses in the
courts of the United States. In the event of contumacy, failure, or
refusal of any person to obey any such subpoena, any district court of
the United States in which venue is proper shall have jurisdiction to
order any such person to comply with such subpoena. Any failure to obey
such an order of the court is punishable by the court as a contempt
thereof.
SEC. 12. EXPORTS.
(a) In General. // 15 USC 2611. // --(1) Except as provided in
paragraph (2) and subsection (b), this Act (other than section 8) shall
not apply to any chemical substance, mixture, or to an article
containing a chemical substance or mixture, if--,
(A) it can be shown that such substance, mixture, or article is
being manufactured, processed, or distributed in commerce for
export from the United States, unless such substance, mixture, or
article was, in fact, manufactured, processed, or distributed in
commerce, for use in the United States, and
(B) such substance, mixture, or article (when distributed in
commerce), or any container in which it is enclosed (when so
distributed), bears a stamp or label stating that such substance,
mixture, or article is intended for export.
(2) Paragraph (1) shall not apply to any chemical substance, mixture,
or article if the Administrator finds that the substance, mixture, or
article will present an unreasonable risk of injury to health within the
United States or to the environment of the United States. The
Administrator may require, under section 4, testing of any chemical
substance or mixture exempted from this Act by paragraph (1) for the
purpose of determining whether or not such substance or mixture presents
an unreasonable risk of injury to health within the United States or to
the environment of the United States.
(b) Notice.--(1) If any person exports or intends to export to a
foreign country a chemical substance or mixture for which the submission
of data is required under section 4 or 5(b), such person shall notify
the Administrator of such exportation or intent to export and the
Administrator shall furnish to the government of such country notice of
the availability of the data submitted to the Administrator under such
section for such substance or mixture.
(2) If any person exports or intends to export to a foreign country a
chemical substance or mixture for which an order has been issued under
section 5 or a rule has been proposed or promulgated under section 5 or
6, or with respect to which an action is pending, or relief has been
granted under section 5 or 7, such person shall notify the Administrator
of such exportation or intent to export and the Administrator shall
furnish to the government of such country notice of such rule, order,
action, or relief.
SEC 13. ENTRY INTO CUSTOMS TERRITORY OF THE UNITED STATES.
(a) In General. // 15 USC 2612. // --(1) The Secretary of the
Treasury shall refuse entry into the customs territory of the United
States (as defined in general headnote 2 to the Tariff Schedules of the
United States) // 19 USC 1202. // of any chemical substance, mixture,
or article containing a chemical substance or mixture offered for such
entry if--,
(A) it fails to comply with any rule in effect under this Act,
or
(B) it is offered for entry in violation of section 5 or 6, a
rule or order under section 5 or 6, or an order issued in a civil
action brought under section 5 or 7.
(2) If a chemical substance, mixture, or article is refused entry
under paragraph (1), the Secretary of the Treasury shall notify the
consignee of such entry refusal, shall not release it to the consignee,
and shall cause its disposal or storage (under such rules as the
Secretary of the Treasury may prescribe) if it has not been exported by
the consignee within 90 days from the date of receipt of notice of such
refusal, except that the Secretary of the Treasury may, pending a review
by the Administrator of the entry refusal, release to the consignee such
substance, mixture, or article on execution of bond for the amount of
the full invoice of such substance, mixture, or article (as such value
is set forth in the customs entry), together with the duty thereon. On
failure to return such substance, mixture, or article for any cause to
the custody of the Secretary of the Treasury when demanded, such
consignee shall be liable to the United States for liquidated damages
equal to the full amount of such bond. All charges for storage,
cartage, and labor on and for disposal of substances, mixtures, or
articles which are refused entry or release under this section shall be
paid by the owner or consignee, and in default of such payment shall
constitute a lien against any future entry made by such owner or
consignee.
(b) Rules.--The Secretary of the Treasury, after consultation with
the Administrator, shall issue rules for the administration of
subsection (a) of this section.
SEC. 14. DISCLOSURE OF DATA.
(a) In General. // 15 USC 2613. // --Except as provided by
subsection (b), any information reported to, or otherwise obtained by,
the Administrator (or any representative of the Administrator) under
this Act, which is exempt from disclosure pursuant to subsection (a) of
section 552 of title 5, United States Code, by reason of subsection
(b)(4) of such section, shall, notwithstanding the provisions of any
other section of this Act, not be disclosed by the Administrator or by
any officer or employee of the United States, except that such
information--,
(1) shall be disclosed to any officer or employee of the United
States--,
(A) in connection with the official duties of such officer or
employee under any law for the protection of health or the
environment, or
(B) for specific law enforcement purposes;
(2) shall be disclosed to contractors with the United States
and employees of such contractors if in the opinion of the
Administrator such disclosure is necessary for the satisfactory
performance by the contractor of a contract with the United States
entered into on or after the date of enactment of this Act for the
performance of work in connection with this Act and under such
conditions as the Administrator may specify;
(3) shall be disclosed if the Administrator determines it
necessary to protect health or the environment against an
unreasonable risk of injury to health or the environment; or
(4) may be disclosed when relevant in any proceeding under this
Act, except that disclosure in such a proceeding shall be made in
such manner as to preserve confidentiality to the extent
practicable without impairing the proceeding.
In any proceeding under section 552(a) of title 5, United States Code,
to obtain information the disclosure of which has been denied because of
the provisions of this subsection, the Administrator may not rely on
section 552(b)(3) of such title to sustain the Administrator's action.
(b) Data From Health and Safety Studies.--(1) Subsection (a) does not
prohibit the disclosure of--,
(A) any health and safety study which is submitted under this
Act with respect to--,
(i) any chemical substance or mixture which, on the date on which such
study is to be disclosed has been offered for commercial distribution,
or
(ii) any chemical substance or mixture for which testing is required
under section 4 or for which notification is required under section 5,
and
(B) any data reported to, or otherwise obtained by, the
Administrator from a health and safety study which relates to a
chemical substance or mixture described in clause (i) or (ii) of
subparagraph (A).
This paragraph does not authorize the release of any data which
discloses processes used in the manufacturing or processing of a
chemical substance or mixture or, in the case of a mixture, the release
of data disclosing the portion of the mixture comprised by any of the
chemical substances in the mixture.
(2) If a request is made to the Administrator under subsection (a) of
section 552 of title 5, United States Code, for information which is
described in the first sentence of paragraph (1) and which is not
information described in the second sentence of such paragraph, the
Administrator may not deny such request on the basis of subsection (b)(
4) of such section.
(c) Designation and Release of Confidential Data.--(1) In submitting
data under this Act, a manufacturer, processor, or distributor in
commerce may (A) designate the data which such person believes is
entitled to confidential treatment under subsection (a), and (B) submit
such designated data separately from other data submitted under this
Act. A designation under this paragraph shall be made in writing and in
such manner as the Administrator may prescribe.
(2)(A) Except as provided by subparagraph (B), if the Administrator
proposes to release for inspection data which has been designated under
paragraph (1)(A), the Administrator shall notify, in writing and by
certified mail, the manufacturer, processor, or distributor in commerce
who submitted such data of the intent to release such data. If the
release of such data is to be made pursuant to a request made under
section 552(a) of title 5, United States Code, such notice shall be
given immediately upon approval of such request by the Administrator.
The Administrator may not release such data until the expiration of 30
days after the manufacturer, processor, or distributor in commerce
submitting such data has received the notice required by this
subparagraph.
(B)(i) Subparagraph (A) shall not apply to the release of information
under paragraph (1), (2), (3), or (4) of subsection (a), except that the
Administrator may not release data under paragraph (3) of subsection (a)
unless the Administrator has notified each manufacturer, processor, and
distributor in commerce who submitted such data of such release. Such
notice shall be made in writing by certified mail at least 15 days
before the release of such data, except that if the Administrator
determines that the release of such data is necessary to protect against
an imminent, unreasonable risk of injury to health or the environment,
such notice may be made by such means as the Administrator determines
will provide notice at least 24 hours before such release is made.
(ii) Subparagraph (A) shall not apply to the release of information
described in subsection (b)(1) other than information described in the
second sentence of such subsection.
(d) Criminal Penalty for Wrongful Disclosure.--(1) Any officer or
employee of the United States or former officer or employee of the
United States, who by virtue of such employment or official position has
obtained possession of, or has access to, material the disclosure of
which is prohibited by subsection (a), and who knowing that disclosure
of such material is prohibited by such subsection, willfully discloses
the material in any manner to any person not entitled to receive it,
shall be guilty of a misdemeanor and fined not more than $5,000 or
imprisoned for not more than one year, or both. Section 1905 of title
18, United States Code, does not apply with respect to the publishing,
divulging, disclosure, or making known of, or making available,
information reported or otherwise obtained under this Act.
(2) For the purposes of paragraph (1), any contractor with the United
States who is furnished information as authorized by subsection (a)(2),
and any employee of any such contractor, shall be considered to be an
employee of the United States.
(e) Access by Congress.--Notwithstanding any limitation contained in
this section or any other provision of law, all information reported to
or otherwise obtained by the Administrator (or any representative of the
Administrator) under this Act shall be made available, upon written
request of any duly authorized committee of the Congress, to such
committee.
SEC. 15. PROHIBITED ACTS.
It shall be unlawful for any person to--,
(1) fail or refuse to comply with (A) any rule promulgated or
order issued under section 4, (B) any requirement prescribed by
section 5 or 6, or (C) any rule promulgated or order issued under
section 5 or 6;
(2) use for commercial purposes a chemical substance or mixture
which such person knew or had reason to know was manufactured,
processed, or distriuted in commerce in violation of section 5 or
6, a rule or order under section 5 or 6, or an order issued in
action brought under section 5 or 7;
(3) fail or refuse to (A) establish or maintain records, (B)
submit reports, notices, or other information, or (C) permit
access to or copying of records, as required by this Act or a rule
thereunder; or
(4) fail or refuse to permit entry or inspection as required by
section 11.
SEC. 16. PENALTIES.
(a) Civil.--(1) Any person who violates a provision of section 15 //
15 USC 2615. // shall be liable to the United States for a civil
penalty in an amount not to exceed $25,000 for each such violation.
Each day such a violation continues shall, for purposes of this
subsection, constitute a separate violation of section 15.
(2)(A) A civil penalty for a violation of section 15 shall be
assessed by the Administrator by an order made on the record after
opportunity (provided in accordance with this subparagraph) for a
hearing in accordance with section 554 of title 5, United States Code.
Before issuing such an order, the Administrator shall give written
notice to the person to be assessed a civil penalty under such order of
the Administrator's proposal to issue such order and provide such person
an opportunity to request, within 15 days of the date the notice is
received by such person, such a hearing on the order.
(B) In determining the amount of a civil penalty, the Administrator
shall take into account the nature, circumstances, extent, and gravity
of the violation or violations and, with respect to the violator,
ability to pay, effect on ability to continue to do business, any
history of prior such violations, the degree of culpability, and such
other matters as justice may require.
(C) The Administrator may compromise, modify, or remit, with or
without conditions, any civil penalty which may be imposed under this
subsection. The amount of such penalty, when finally determined, or the
amount agreed upon in compromise, may be deducted from any sums owing by
the United States to the person charged.
(3) Any person who requested in accordance with paragraph (2) (A) a
hearing respecting the assessment of a civil penalty and who is
aggrieved by an order assessing a civil penalty may file petition for
judicial review of such order with the United States Court of Appeals
for the District of Columbia Circuit or for any other circuit in which
such person resides or transacts business. Such a petition may only be
filed within the 30-day period beginning on the date the order making
such assessment was issued.
(4) If any person fails to pay an assessment of a civil penalty--,
(A) after the order making the assessment has become a final
order and if such person does not file a petition for judicial
review of the order in accordance with paragraph (3), or
(B) after a court in an action brought under paragraph (3) has
entered a final judgment in favor of the Administrator,
the Attorney General shall recover the amount assessed (plus interest at
currently prevailing rates from the date of the expiration of the 30-day
period referred to in paragraph (3) or the date of such final judgment,
as the case may be) in an action brought in any appropriate district
court of the United States. In such an action, the validity, amount,
and appropriateness of such penalty shall not be subject to review.
(b) Criminal.--Any person who knowingly or willfully violates any
provision of section 15 shall, in addition to or in lieu of any civil
penalty which may be imposed under subsection (a) of this section for
such violation, be subject, upon conviction, to a fine of not more than
$25,000 for each day of violation, or to imprisonment for not more than
one year, or both.
SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE.
(a) Specific Enforcement. // 15 USC 2616. // --(1) The district
courts of the United States shall have jurisdiction over civil actions
to--,
(A) restrain any violation of section 15,
(B) restrain any person from taking any action prohibited by
section 5 or 6 or by a rule or order under section 5 or 6,
(C) compel the taking of any action required by or under this
Act, or
(D) direct any manufacturer or processor of a chemical
substance or mixture manufactured or processed in violation of
section 5 or 6 or a rule or order under section 5 or 6 and
distributed in commerce, (i) to give notice of such fact to
distributors in commerce of such substance or mixture and, to the
extent reasonably ascertainable, to other persons in possession of
such substance or mixture or exposed to such substance or mixture,
(ii) to give public notice of such risk of injury , and (iii) to
either replace or repurchase such substance or mixture, whichever
the person to which the requirement is directed elects.
(2) A civil action described in paragraph (1) may be brought--,
(A) in the case of a civil action described in subparagraph (A)
of such paragraph, in the United States district court for the
judicial district wherein any act, ommission, or transaction
constituting a violation of section 15 occurred or wherein the
defendant is found or transacts business, or
(B) in the case of any other civil action described in such
paragraph, in the United States district court for the judicial
district wherein the defendant is found or transacts business.
In any such civil action process may be served on a defendant in any
judicial district in which a defendant resides or may be found.
Subpoenas requiring attendance of witnesses in any such action may be
served in any judicial district.
(b) Seizure.--Any chemical substance or mixture which was
manufactured, processed, or distributed in commerce in violation of this
Act or any rule promulgated or order issued under this Act or any
article containing such a substance or mixture shall be liable to be
proceeded against, by process of libel for the seizure and condemnation
of such substance, mixture, or article, in any district court of the
United States within the jurisdiction of which such substance, mixture,
or article is found. Such proceedings shall conform as nearly as
possible to proceedings in rem in admiralty.
SEC. 18. PREEMPTION.
(a) Effect on State Law. // 15 USC 2617. // --(1) Except as
provided in paragraph (2), nothing in this Act shall affect the
authority of any State or political subdivision of a State to establish
or continue in effect regulation of any chemical substance, mixture, or
article containing a chemical substance or mixture.
(2) Except as provided in subsection (b)--,
(A) if the Administrator requires by a rule promulgated under
section 4 the testing of a chemical substance or mixture, no State
or political subdivision may, after the effective date of such
rule, establish or continue in effect a requirement for the
testing of such substance or mixture for purposes similar to those
for which testing is required under such rule; and
(B) if the Administrator prescribes a rule or order under
section 5 or 6 (other than a rule imposing a requirement described
in subsection (a)(6) of section 6) which is applicable to a
chemical substance or mixture, and which is designed to protect
against a risk of injury to health or the environment associated
with such substance or mixture, no State or political subdivision
of a State may, after the effective date of such requirement,
establish or continue in effect, any requirement which is
applicable to such substance or mixture, or an article containing
such substance or mixture, and which is designed to protect
against such risk unless such requirement (i) is identical to the
requirement prescribed by the Administrator, (ii) is adopted under
the authority of the Clean Air Act or any other Federal law, or
(iii) prohibits the use of such substance or mixture in such State
or political subdivision (other than its use in the manufacture or
processing of other substances or mixtures).
(b) Exemption.--Upon application of a State or political subdivision
of a State the Administrator may by rule exempt from subsection (a)(2),
under such conditions as may be prescribed in such rule, a requirement
of such State or political subdivision designed to protect against a
risk of injury to health or the environment associated with a chemical
substance, mixture, or article containing a chemical substance or
mixture if--,
(1) compliance with the requirement would not cause the
manufacturing, processing, distribution in commerce, or use of the
substance, mixture, or article to be in violation of the
applicable requirement under this Act described in subsection
(a)(2), and
(2) the State or political subdivision requirement (A) provides
a significantly higher degree of protection from such risk than
the requirement under this Act described in subsection (a)(2) and
(B) does not, through difficulties in marketing, distribution, or
other factors, unduly burden interstate commerce.
SEC. 19. JUDICIAL REVIEW.
(a) In General.--(1)(A) Not later than 60 days after the date of the
promulgation of a rule under section 4(a), 5(a)(2), 5(b)(4), 6(a), 6(
e), or 8, any person may file a petition for judicial review of such
rule with the United States Court of Appeals for the District of
Columbia Circuit or for the circuit in which such person resides or in
which such person's principal place of business is located. Courts of
appeals of the United States shall have exclusive jurisdiction of any
action to obtain judicial review (other than in an enforcement
proceeding) of such a rule if any district court of the United States
would have had jurisdiction of such action but for this subparagraph.
(B) Courts of appeals of the United States shall have exclusive
jurisdiction of any action to obtain judicial review (other than in an
enforcement proceeding) of an order issued under subparagraph (A) or (B)
of section 6(b)(1) if any district court of the United States would have
had jurisdiction of such action but for this subparagraph.
(2) Copies of any petition filed under paragraph (1)(A) shall be
transmitted forthwith to the Administrator and to the Attorney General
by the clerk of the court with which such petition was filed. The
provisions of section 2112 of title 28, United States Code, shall apply
to the filing of the rulemaking record of proceedings on which the
Administrator based the rule being reviewed under this section and to
the transfer of proceedings between United States courts of appeals.
(3) For purposes of this section, the term "rulemaking record"
means--,
(A) the rule being reviewed under this section;
(B) in the case of a rule under section 4(a), the finding
required by such section, in the case of a rule under section 5(
b)(4), the finding required by such section, in the case of a rule
under section 6(a) the finding required by section 5(f) or 6(a),
as the case may be, in the case of a rule under section 6( a), the
statement required by section 6(c)(1), and in the case of a rule
under section 6(e), the findings required by paragraph (2)(B) or
(3)(B) of such section, as the case may be;
(C) any transcript required to be made of oral presentations
made in proceedings for the promulgation of such rule;
(D) any written submission of interested parties respecting the
promulgation of such rule; and
(E) any other information which the Administrator considers to
be relevant to such rule and which the Administrator identified,
on or before the date of the promulgation of such rule, in a
notice published in the Federal Register.
(b) Additional Submissions and Presentations; Modifications.--, If
in an action under this section to review a rule the petitioner or the
Administrator applies to the court for leave to make additional oral
submissions or written presentations respecting such rule and shows to
the satisfaction of the court that such submissions and presentations
would be material and that there were reasonable grounds for the
submissions and failure to make such submissions and presentations in
the proceeding before the Administrator, the court may order the
Administrator to provide additional opportunity to made such submissions
and presentations. The Administrator may modify or set aside the rule
being reviewed or make a new rule by reason of the additional
submissions and presentations and shall file such modified or new rule
with the return of such submissions and presentations. The court shall
thereafter review such new or modified rule.
(c) Standard of Review.--(1)(A) Upon the filing of a petition under
subsection (a)(1) for judicial review of a rule, the court shall have
jurisdiction (i) to grant appropriate relief, including interim relief,
as provided in chapter 7 of title 5, United States Code, and (ii) except
as otherwise provided in subparagraph (B), to review such rule in
accordance with chapter 7 of title 5, United States Code.
(B) Section 706 of title 5, United States Code, shall apply to review
of a rule under this section, except that--,
(i) in the case of review of a rule under section 4(a), 5(b)
(4), 6(a), or 6(e), the standard for review prescribed by
paragraph (2)(E) of such section 706 shall not apply and the court
shall hold unlawful and set aside such rule if the court finds
that the rule is not supported by substantial evidence in the
rulemaking record (as defined in subsection (a)(3)) taken as a
whole;
(ii) in the case of review of a rule under section 6(a), the
court shall hold unlawful and set aside succ rule if it finds
that--,
(I) a determination by the Administrator under section 6( c)(3) that
the petitioner seeking review of such rule is not entitled to conduct
(or have conducted) cross-examination or to present rebuttal
submissions, or
(II) a rule of, or ruling by, the Administrator under section 6(c)(3)
limiting such petitioner's cross-examination or oral presentations,
has precluded disclosure of disputed material facts which was
necessary to a fair determination by the Administrator of the
rulemaking proceeding taken as a whole; and section 706(2)(D)
shall not apply with respect to a determination, rule, or ruling
referred to in subclause (I) or (II); and
(iii) the court may not review the contents and adequacy
of--,
(I) any statement required to be made pursuant to section 6(c)(1), or
(II) any statement of basis and purpose required by section 553(c) of
title 5, United States Code, to be incorporated in the rule
except as part of a review of the rulemaking record taken as a
whole.
The term "evidence" as used in clause (i) means any matter in the
rulemaking record.
(C) A determination, rule, or ruling of the Administrator described
in subparagraph (B)(ii) may be reviewed only in an action under this
section and only in accordance with such subparagraph.
(2) The judgment of the court affirming or setting aside, in whole or
in part, any rule reviewed in accordance with this section shall be
final, subject to review by the Supreme Court of the United States upon
certiorari or certification, as provided in section 1254 of title 28,
United States Code.
(d) Fees and costs.--The decision of the court in an action commenced
under subsection (a), or of the Supreme Court of the United States on
review of such a decision, may include an award of costs of suit and
reasonable fees for attorneys and expert witnesses if the court
determines that such an award is appropriate.
(e) Other remedies.--The remedies as provided in this section shall
be in addition to and not in lieu of any other remedies provided by law.
SEC. 20. CITIZENS' CIVIL ACTIONS.
(a) In General.--Except as provided in subsection (b), // 15 USC
2619. // any person may commence a civil action--,
(1) against any person (including (A) the United States, and
(B) any other governmental instrumentality or agency to the extent
permitted by the eleventh amendment to the Constitution) who is
alleged to be in violation of this Act or any rule promulgated
under section 4, 5, or 6 or order issued under section 5 to
restrain such violation, or
(2) against the Administrator to compel the Administrator to
perform any act or duty under this Act which is not discretionary.
Any civil action under paragraph (1) shall be brought in the United
States district court for the district in which the alleged violation
occurred or in which the defendant resides or in which the defendant's
principal place of business is located. Any action brought under
paragraph (2) shall be brought in the United States District Court for
the District of Columbia, or the United States district court for the
judicial district in which the plaintiff is domiciled. The district
courts of the United States shall have jurisdiction over suits brought
under this section, without regard to the amount in controversy or the
citizenship of the parties. In any civil action under this subsection
process may be served on a defendant in any judicial district in which
the defendant resides or may be found and subpoenas for witnesses may be
served in any judicial district.
(b) Limitation.--No civil action may be commenced--,
(1) under subsection (a)(1) to restrain a violation of this Act
or rule or order under this Act--,
(A) before the expiration of 60 days after the plaintiff has
given notice of such violation (i) to the Administrator, and (ii)
to the person who is alleged to have committed such violation, or
(B) if the Administrator has commenced and is diligently
prosecuting a proceeding for the issuance of an order under
section 16(a)(2) to require compliance with this Act or with such
rule or order or if the Attorney General has commenced and is
diligently prosecuting a civil action in a court of the United
States to require compliance with this Act or with such rule or
order, but if such proceeding or civil action is commenced after
the giving of notice, any person giving such notice may intervene
as a matter of right in such proceeding or action; or
(2) under subsection (a)(2) before the expiration of 60 days
after the plaintiff has given notice to the Administrator of the
alleged failure of the Administrator to perform an act or duty
which is the basis for such action or, in the case of an action
under such subsection for the failure of the Administrator to file
an action under section 7, before the expiration of ten days after
such notification.
Notice under this subsection shall be given in such manner as the
Administrator shall prescribe by rule.
(c) General.--(1) In any action under this section, the
Administrator, if not a party, may intervene as a matter of right.
(2) The court, in issuing any final order in any action brought
pursuant to subsection (a), may award costs of suit and reasonable fees
for attorneys and expert witnesses if the court determines that such an
award is appropriate. Any court, in issuing its decision in an action
brought to review such an order, may award costs of suit and reasonable
fees for attorneys if the court determines that such an award is
appropriate.
(3) Nothing in this section shall restrict any right which any person
(or class of persons) may have under any statute or common law to seek
enforcement of this Act or any rule or order under this Act or to seek
any other relief.
(d) Consolidation.--When two or more civil actions brought under
subsection (a) involving the same defendant and the same issues or
violations are pending in two or more judicial districts, such pending
actions, upon application of such defendants to such actions which is
made to a court in which any such action is brought, may, if such court
in its discretion so decides, be consolidated for trial by order (issued
after giving all parties reasonable notice and opportunity to be heard)
of such court and tried in--,
(1) any district which is selected by such defendant and in
which one of such actions is pending,
(2) a district which is agreed upon by stipulation between all
the parties to such actions and in which one of such actions is
pending, or
(3) a district which is selected by the court and in which one
of such actions is pending.
The court issuing such an order shall give prompt notification of the
order to the other courts in which the civil actions consolidated under
the order are pending.
SEC. 21. CITIZENS' PETITIONS.
(a) In General. // 15 USC 2620. // --Any person may petition the
Administrator to initiate a proceeding for the issuance, amendment, or
repeal of a rule under section 4, 6, or 8 or an order under section 5(
e) or (6)(b)(2).
(b) Procedures.--(1) Such petition shall be filed in the principal
office of the Administrator and shall set forth the facts which it is
claimed establish that it is necessary to issue, amend, or repeal a rule
under section 4, 6, or 8 or an order under section 5(e), 6(b)(1)( A), or
6(b)(1)(B).
(2) The Administrator may hold a public hearing or may conduct such
investigation or proceeding as the Administrator deems appropriate in
order to determine whether or not such petition should be granted.
(3) Within 90 days after filing of a petition described in paragraph
(1), the Administrator shall either grant or deny the petition. If the
Administrator grants such petition, the Administrator shall promptly
commence an appropriate proceeding in accordance with section 4, 5, 6,
or 8. If the Administrator denies such petition, the Administrator
shall publish in the Federal Register the Administrator's reasons for
such denial.
(4)(A) If the Administrator denies a petition filed under this
section (or if the Administrator fails to grant or deny such petition
within the 90-day period) the petitioner may commence a civil action in
a district court of the United States to compel the Administrator to
initiate a rulemaking proceeding as requested in the petition. Any such
action shall be filed within 60 days after the Administrator's denial of
the petition or, if the Administrator fails to grant or deny the
petition within 90 days after filing the petition, within 60 days after
the expiration of the 90-day period.
(B) In an action under subparagraph (A) respecting a petition to
initiate a proceeding to issue a rule under section 4, 6, or 8 or an
order under section 5(e) or 6(b)(2), the petitioner shall be provided an
opportunity to have such petition considered by the court in a de novo
proceeding. If the petitioner demonstrates to the satisfaction of the
court by a preponderance of the evidence that--,
(i) in the case of a petition to initiate a proceeding for the
issuance of a rule under section 4 or an order under section 5(
e)--,
(I) information available to the Administrator is insufficient to
permit a reasoned evaluation of the health and environmental effects of
the chemical substance to be subject to such rule or order; and
(II) in the absence of such information, the substance may present an
unreasonable risk to health or the environment, or the substance is or
will be produced in substantial quantities and it enters or may
reasonably be anticipated to enter the environment in substantial
quantities or there is or may be significant or substantial human
exposure to it; or
(ii) in the case of a petition to initiate a proceeding for the
issuance of a rule under section 6 or 8 or an order under section
6(b)(2), there is a reasonable basis to conclude that the issuance
of such a rule or order is necessary to protect health or the
environment against an unreasonable risk of injury to health or
the environment.
the court shall order the Administrator to initiate the action requested
by the petitioner. If the court finds that the extent of the risk to
health or the environment alleged by the petitioner is less than the
extent of risks to health or the environment with respect to which the
Administrator is taking action under this Act and there are insufficient
resources available to the Administrator to take the action requested by
the petitioner, the court may permit the Administrator to defer
initiating the action requested by the petitioner until such time as the
court prescribes.
(C) The court in issuing any final order in any action brought
pursuant to subparagraph (A) may award costs of suit and reasonable fees
for attorneys and expert witnesses if the court determines that such an
award is appropriate. Any court, in issuing its decision in an action
brought to review such an order, may award costs of suit and reasonable
fees for attorneys if the court determines that such an award is
appropriate.
(5) The remedies under this section shall be in addition to, and not
in lieu of, other remedies provided by law.
SEC. 22. NATIONAL DEFENSE WAIVER.
The Administrator shall waive compliance with any provision of this
Act upon a request and determination by the President that the requested
waiver is necessary in the interest of national defense. The
Administrator shall maintain a written record of the basis upon which
such waiver was granted and make such record available for in camera
examination when relevant in a judicial proceeding under this Act. Upon
the issuance of such a waiver, the Administrator shall publish in the
Federal Register a notice that the waiver was granted for national
defense purposes, unless, upon the request of the President, the
Administrator determines to omit such publication because the
publication itself would be contrary to the interests of national
defense, in which event the Administrator shall submit notice thereof to
the Armed Services Committees of the Senate and the House of
Representatives.
SEC. 23. EMPLOYEE PROTECTION.
(a) In General.--No employer may discharge any employee or otherwise
discriminate against any employee with respect to the employee's
compensation, terms, conditions, or privileges of employment because the
employee (or any person acting pursuant to a request of the employee)
has--,
(1) commenced, caused to be commenced, or is about to commence
or cause to be commenced a proceeding under this Act;
(2) testified or is about to testify in any such proceeding;
or
(3) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any other
action to carry out the purposes of this Act.
(b) Remedy.--(1) Any employee who believes that the employee has been
discharged or otherwise discriminated against by any person in violation
of subsection (a) of this section may, within 30 days after such alleged
violation occurs, file (or have any person file on the employee's
behalf) a complaint with the Secretary of Labor (hereinafter in this
section referred to as the " Secretary") alleging such discharge or
discrimination. Upon receipt of such a complaint, the Secretary shall
notify the person named in the complaint of the filing of the complaint.
(2)(A) Upon receipt of a complaint filed under paragraph (1), the
Secretary shall conduct an investigation of the violation alleged in the
complaint. Within 30 days of the receipt of such complaint, the
Secretary shall complete such investigation and shall notify in writing
the complainant (and any person acting on behalf of the complainant) and
the person alleged to have committed such violation of the results of
the investigation conducted pursuant to this paragraph. Within ninety
days of the receipt of such complaint the Secretary shall, unless the
proceeding on the complaint is terminated by the Secretary on the basis
of a settlement entered into by the Secretary and the person alleged to
have committed such violation, issue an order either providing the
relief prescribed by subparagraph (B) or denying the complaint. An
order of the Secretary shall be made on the record after notice and
opportunity for agency hearing. The Secretary may not enter into a
settlement terminating a proceeding on a complaint without the
participation and consent of the complainant.
(B) If in response to a complaint filed under paragraph (1) the
Secretary determines that a violation of subsection (a) of this section
has occurred, the Secretary shall order (i) the person who committed
such violation to take affirmative action to abate the violation, (ii)
such person to reinstate the complainant to the complainant's former
position together with the compensation (including back pay), terms,
conditions, and privileges of the complainant's employment, (iii)
compensatory damages, and (iv) where appropriate, exemplary damages. If
such an order issued, the Secretary, at the request of the complainant,
shall assess against the person against whom the order is issued a sum
equal to the aggregate amount of all costs and expenses (including
attorney's fees) reasonably incurred, as determined by the Secretary, by
the complainant for, or in connection with, the bringing of the
complaint upon which the order was issued.
(c) Review.--Any employee or employer adversely affected or aggrieved
by an order issued under subsection (b) may obtain review of the order
in the United States Court of Appeals for the circuit in which the
violation, with respect to which the order was issued, allegedly
occurred. The petition for review must be filed within sixth days from
the issuance of the Secretary's order. Review shall conform to chapter
7 of title 5 of the United States Code.
(2) An order of the Secretary, with respect to which review could
have been obtained under paragraph (1), shall not be subject to judicial
review in any criminal or other civil proceeding.
(d) Enforcement.--Whenever a person has failed to comply with an
order issued under subsection (b)(2), the Secretary shall file a civil
action in the United States district court for the district in which the
violation was found to occur to enforce such order. In actions brought
under this subsection, the district courts shall have jurisdiction to
grant all appropriate relief, including injunctive relief and
compensatory and exemplary damages. Civil actions brought under this
subsection shall be heard and decided expeditiously.
(e) Exclusion.--Subsection (a) of this section shall not apply with
respect to any employee who, acting without direction from the
employee's employer (or any agent of the employer), deliberately causes
a violation of any requirement of this Act.
SEC. 24. EMPLOYMENT EFFECTS.
(a) In General. // 15 USC 2623. // --The Administrator shall
evaluate on a continuing basis the potential effects on employment
(including reductions in employment or loss of employment from
threatened plant closures) of--,
(1) the issuance of a rule or order under section 4, 5, or 6,
or
(2) a requirement of section 5 or 6.
(b)(1) Investigations.--Any employee (or any representative of an
employee) may request the Administrator to make an investigation of--,
(A) a discharge or layoff or threatened discharge or layoff of
the employee, or
(B) adverse or threatened adversed effects on the employee's
employment,
allegedly resulting from a rule or order under section 4, 5, or 6 or a
requirement of section 5 or 6. Any such request shall be made in
writing, shall set forth with reasonable particularity the grounds for
the request, and shall be signed by the employee, or representative of
such employee, making the request.
(2)(A) Upon receipt of a request made in accordance with paragraph
(1) the Administrator shall (i) conduct the investigation requested, and
(ii) if requested by any interested person, hold public hearings on any
matter involved in the investigation unless the Administrator, by order
issued within 45 days of the date such hearings are requested, denies
the request for the hearings because the Administrator determines there
are no reasonable grounds for holding such hearings. If the
Administrator makes such a determination, the Administrator shall notify
in writing the person requesting the hearing of the determination and
the reasons therefor and shall publish the determination and the reasons
therefor in the Federal Register.
(B) If public hearings are to be held on any matter involved in an
investigation conducted under this subsection--,
(i) at least five days' notice shall be provided the person
making the request for the investigation and any person identified
in such request,
(ii) such hearings shall be held in accordance with section 6(
c)(3), and
(iii) each employee who made or for whom was made a request for
such hearings and the employer of such employee shall be required
to present information respecting the applicable matter referred
to in paragraph (1)(A) or (1)(B) together with the basis for such
information.
(3) Upon completion of an investigation under paragraph (2), the
Administrator shall make findings of fact, shall make such
recommendations as the Administrator deems appropriate, and shall make
available to the public such findings and recommendations.
(4) This section shall not be construed to require the Administrator
to amend or repeal any rule or order in effect under this Act.
SEC. 25. STUDIES.
(a) Indemnification Study. // 15 USC 2624. // --The Administrator
shall conduct a study of all Federal laws administered by the
Administrator for the purpose of determining whether and under what
conditions, if any, indemnification should be accorded any person as a
result of any action taken by the Administrator under any such law. The
study shall--,
(1) include an estimate of the probable cost of any
indemnification programs which may be recommended;
(2) include an examination of all viable means of financing the
cost of any recommended indemnification; and
(3) be completed and submitted to Congress within two years
from the effective date of enactment of this Act.
The General Accounting Office shall review the adequacy of the study
submitted to Congress pursuant to paragraph (3) and shall report the
results of its review to the Congress within six months of the date such
study is submitted to Congress.
(b) Classification, Storage, and Retrieval Study.--The Council on
Environmental Quality, in consultation with the Administrator, the
Secretary of Health, Education, and Welfare, the Secretary of Commerce,
and the heads of other appropriate Federal departments or agencies,
shall coordinate a study of the feasibility of establishing (1) a
standard classification system for chemical substances and related
substances, and (2) a standard means for storing and for obtaining rapid
access to information respecting such substances. A report on such
study shall be completed and submitted to Congress not later than 18
months after the effective date of enactment of this Act.
SEC. 26. ADMINISTRATION OF THE ACT.
(a) Cooperation of Federal Agencies. // 15 USC 26259 // --Upon
request by the Administrator, each Federal department and agency is
authorized--,
(1) to make its services, personnel, and facilities available
(with or without reimbursement) to the Administrator to assist the
Administrator in the administration of this Act; and
(2) to furnish to the Administrator such information, data,
estimates, and statistics, and to allow the Administrator access
to all information in its possession as the Administrator may
reasonably determine to be necessary for the administration of
this Act.
(b) Fees.--(1) The Administrator may, by rule, require the payment of
a reasonable fee from any person required to submit data under section 4
or 5 to defray the cost of administering this Act. Such rules shall not
provide for any fee in excess of $2,500 or, in the case of a small
business concern, any fee in excess of $100. In setting a fee under
this paragraph, the Administrator shall take into account the ability to
pay of the person required to submit data and the cost to the
Administrator of reviewing such data. Such rules may provide for
sharing such a fee in any case in which the expenses of testing are
shared under section 4 or 5.
(2) The Administrator, after consultation with the Administrator of
the Small Business Administration, shall by rule prescribe standards for
determining the persons which qualify as small business concerns for
purposes of paragraph (1).
(c) Action With Respect to Categories.--(1) Any action authorized or
required to be taken by the Administrator under any provision of this
Act with respect to a chemical substance or mixture may be taken by the
Administrator in accordance with that provision with respect to a
category of chemical substances or mixtures. Whenever the Administrator
takes action under a provision of this Act with respect to a category of
chemical substances or mixtures, any reference in this Act to a chemical
substance or mixture (insofar as it relates to such action) shall be
deemed to be a reference to each chemical substance or mixture in such
category.
(2) For purposes of paragraph (1):
(A) The term "category of chemical substances" means a group of
chemical substances the members of which are similar in molecular
structure, in physical, chemical, or biological properties, in
use, or in mode of entrance into the human body or into the
environment, or the members of which are in some other way
suitable for classification as such for purposes of this Act,
except that such term does not mean a group of chemical substances
which are grouped together solely on the basis of their being new
chemical substances.
(B) The term "category of mixtures" means a group of mixtures
the members of which are similar in molecular structure, in
physical, chemical, or biological properties, in use, or in the
mode of entrance into the human body or into the environment, or
the members of which are in some other way suitable for
classification as such for purposes of this Act.
(d) Assistance Office.--The Administrator shall establish in the
Environmental Protection Agency an identifiable office to provide
technical and other nonfinancial assistance to manufacturers and
processors of chemical substances and mixtures respecting the
requirements of this Act applicable to such manufacturers and
processors, the policy of the Agency respecting the application of such
requirements to such manufacturers and processors, and the means and
methods by which such manufacturers and processors may comply with such
requirements.
(e) Financial Disclosures.--(1) Except as provided under paragraph
(3), each officer or employee of the Environmental Protection Agency and
the Department of Health, Education, and Welfare who--,
(A) performs any function or duty under this Act, and
(B) has any known financial interest (i) in any person subject
to this Act or any rule or order in effect under this Act, or (ii)
in any person who applies for or receives any grant or contract
under this Act,
shall, on February 1, 1978, and on Feb Ruary 1 of each year thereafter,
file with the Administrator or the Secretary of Health, Education, and
Welfare (hereinafter in this subsection referred to as the "
Secretary"), as appropriate, a written statement concerning all such
interests held by such officer or employee during the preceding calendar
year. Such statement shall be made availabe to the puplic.
(2) The Administrator and the Secretary shall--,
(A) act within 90 days of the effective date of this Act--,
(i) to define the term "known financial interests" for purposes
of paragraph (1), and
(ii) to establish the methods by which the requirement to file
written statements specified in paragraph (1) will be monitored
and enforced, including appropriate provisions for review by the
Administrator and the Secretary of such statements; and
(B) report to the Congress on June 1, 1978, and on June 1 of
each year thereafter with respect to such statements and the
actions taken in regard thereto during the preceding calendar
year.
(3) The Administrator may by rule identify specific positions with
the Environmental Protection Agency, and the Secretary may by rule
identify specific positions with the Department of Health, Education,
and Welfare, which are of a nonregulatory or nonpolicymaking nature, and
the Administrator and the Secretary may by rule provide that officers or
employees occupying such positions shall be exempt from the requirements
of paragraph (1).
(4) This subsection does not supersede any requirement of chapter 11
of title 18, United States Code.
(5) Any officer or employee who is subject to, and knowingly
violates, this subsection or any rule issued thereunder, shall be fined
not more than $2,500 or improsoned not more than one year, or both.
(f) Statement of Basis and Purpose.--Any final order issued under
this Act shall be accompanied by a statement of its basis and purpose.
The contents and adequacy of any such statement shall not be subject to
judicial review in any respect.
(g) Assistant Administrator.--(1) The President, by and with the
advice and consent of the Senate, shall appoint an Assistant
Administrator for Toxic Substances of the Environmental Protection
Agency. Such Assistant Administrator shall be a qualified individual
who is, by reason of background and experience, especially qualified to
direct a program concerning the effects of chemicals on human health and
the environment. Such Assistant Administrator shall be responsible for
(A) the collection of data, (B) the preparation of studies, (C) the
making of recommendations to the Administrator for regulatory and other
actions to carry out the purposes and to facilitate the administration
of this Act, and (D) such other functions as the Administrator may
assign or delegate.
(2) The Assistant Administrator to be appointed under paragraph (1)
shall (A) be in addition to the Assistant Administrators of the
Environmental Protection Agency authorized by section 1(d) of
Reorganization Plan No. 3 of 1970, // 5 USC app. II. // and (B) be
compensated at the rate of pay authorized for such Assistant
Administrators.
SEC. 27. DEVELOPMENT AND EVALUATION OF TEST METHODS.
(a) In General. // 15 USC 2626. // --The Secretary of Health,
Education, and Welfare, in consultation with the Administrator and
acting through the Assistant Secretary for Health, may conduct, and make
grants to public and nonprofit private entities and enter into contracts
with public and private entities for, projects for the development and
evaluation of inexpensive and efficient methods (1) for determining and
evaluating the health and environmental effects of chemical substances
and mixtures, and their toxicity, persistence, and other characteristics
which affect health and the environment, and (2) which may be used for
the development of test data to meet the requirements of rules
promulgated under section 4. The Administrator shall consider such
methods in prescribing under section 4 standards for the development of
test data.
(b) Approval by Secretary.--No grant may be made or contract entered
into under subsection (a) unless an application therefor has been
submitted to and approved by the Secretary. Such an application shall
be submitted in such form and manner and contain such information as the
Secretary may require. The Secretary may apply such conditions to
grants and contracts under subsection (a) as the Secretary determines
are necessary to carry out the purposes of such subsection. Contracts
may be entered into under such subsection without regard to sections
3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5).
(c) Annual Reports.--(1) The Secretary shall prepare and submit to
the President and the Congress on or before January 1 of each year a
report of the number of grants made and contracts entered into under
this section and the results of such grants and contracts.
(2) The Secretary shall periodically publish in the Federal Register
reports describing the progress and results of any contract entered into
or grant made under this section.
SEC. 28. STATE PROGRAMS.
(a) In General. // 15 USC 2627. // --For the purpose of
complementing (but not reducing) the authority of, or actions taken by,
the Administrator under this Act, the Administrator may make grants to
States for the establishment and operation of programs to prevent or
eliminate unreasonable risks within the States to health or the
environment which are associated with a chemical substance or mixture
and with respect to which the Administrator is unable or is not likely
to take action under this Act for their prevention or elimination. The
amount of grant under this subsection shall be determined by the
Administrator, except that no grant for any State program may exceed 75
per centum of the establishment and operation costs (as determined by
the Administrator) of such program during the period for which the grant
is made.
(b) Approval by Administrator.--(1) No grant may be made under
subsection (a) unless an application therefor is submitted to and
approved by the Administrator. Such an application shall be submitted
in such form and manner as the Administrator may require and shall--,
(A) set forth the need of the applicant for a grant under
subsection (a),
(B) identify the agency or agencies of the State which shall
establish or operate, or both, the program for which the
application is submitted,
(C) describe the actions proposed to be taken under such
program,
(D) contain or be supported by assurances satisfactory to the
Administrator that such program shall, to the extent feasible, be
integrated with other programs of the applicant for environmental
and public health protection,
(E) provide for the making of such reports and evaluations as
the Administrator may require, and
(F) contain such other information as the Administrator may
prescribe.
(2) The Administrator may approve an application submitted in
accordance with paragraph (1) only if the applicant has established to
the satisfaction of the Administrator a priority need, as determined
under rules of the Administrator, for the grant for which the
application has been submitted. Such rules shall take into
consideration the seriousness of the health effects in a State which are
associated with chemical substances or mixtures, including cancer, birth
defects, and gene mutations, the extent of the exposure in a State of
human beings and the environment to chemical substances and mixtures,
and the extent to which chemical substances and mixtures are
manufactured, processed, used, and disposed of in a State.
(c) Annual Reports.--Not later than six months after the end of each
of the fiscal years 1979, 1980, and 1981, the Administrator shall submit
to the Congress a report respecting the programs assisted by grants
under subsection (a) in the preceding fiscal year and the extent to
which the Administrator has disseminated information respecting such
programs.
(d) Authorization.--For the purpose of making grants under subsection
(a) there are authorized to be appropriated $1,500,000 for the fiscal
year ending September 30, 1977, $1,500,000 for the fiscal year ending
September 30, 1978, and $1,500,000 for the fiscal year ending September
30, 1979. Sums appropriated under this subsection shall remain
available until expended.
SEC. 29. AUTHORIZATION FOR APPROPRIATIONS.
There are authorized to be appropriated to the Administrator for
purposes of carrying out this Act // 15 USC 26289 // (other than
sections 27 and 28 and subsections (a) and (c) through (g) of section 10
thereof) $10,100,000 for the fiscal year ending September 30, 1977,
$12,625,000 for the fiscal year ending September 30, 1978, $16,200,000
for the fiscal year ending September 30, 1979. No part of the funds
appropriated under this section may be used to construct any research
laboratories.
SEC. 30. ANNUAL REPORT.
The Administrator shall prepare and submit to the President and the
Congress on or before January 1, 1978, and on or before January 1 of
each succeeding year a comprehensive report on the administration of
this Act during the preceding fiscal year. Such report shall include--,
(1) a list of the testing required under section 4 during the
year for which the report is made and an estimate of the costs
incurred during such year by the persons required to perform such
tests;
(2) the number of notices received during such year under
section 5, the number of such notices received during such year
under such section for chemical substances subject to a section 4
rule, and a summary of any action taken during such year under
section 5(g);
(3) a list of rules issued during such year under section 6;
(4) a list, with a brief statement of the issues, of completed
or pending judicial actions under this Act and administrative
actions under section 16 during such year;
(5) a summary of major problems encountered in the
administration of this Act; and
(6) such recommendations for additional legislation as the
Administrator deems necessary to carry out the purposes of this
Act.
SEC. 31. EFFECTIVE DATE.
Except as provided in section 4(f), this Act // 15 USC 2601 note. //
shall take effect on January 1, 1977.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1341 accompanying H.R. 14032 (Comm. on
Interstate and Foreign Commerce) and No. 94 - 1679 (Comm. of
Conference).
SENATE REPORTS: No. 94 - 698 (Comm. on Commerce) and No. 94 - 1302
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Mar. 26, considered and passed Senate.
Aug. 23, considered and passed House, amended, in lieu of H.R.
14032.
Sept. 28, Senate and House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42:
Oct. 12, Presidential statement.
PUBLIC LAW 94-468, 90 STAT, 2002
94th CONGRESS
OCTOBER 11, 1976
AN ACT
To amend title 14, United States Code, to authorize the admission of
additional foreign nationals to the Coast Guard Academy.
Be it enacted by the Senate and House of Representatives of the
United States of Americal in Congress assembled, That section 195 of
title 14, United States Code, is amended to read as follows:
"195. Admission of foreign nationals for instruction; restrictions;
conditions
"(a) A foreign national may not receive instruction at the Academy
except as authorized by this section.
"(b) The President may designate not more than 36 foreign nationals
whom the Secretary may permit to receive instruction at the Academy.
"(c) A person receiving instruction under this section is entitled to
the same pay and allowances, to be paid from the same appropriations, as
a cadet appointed pursuant to section 182 of this title. // 14 USC 182.
// A person may receive instruction under this section only if his
country agrees in advance to reimburse the United States, at a rate
determined by the Secretary, for the cost of providing such instruction,
including pay and allowances, unless a waiver therefrom has been granted
to that country by the Secretary. Funds received by the Secretary for
this purpose shall be credited to the appropriations bearing the cost
thereof, and may be apportioned between fiscal years.
"(d) A person receiving instruction under this section is--,
"(1) not entitled to any appointment in the Coast Guard by
reason of his graduation from the Academy; and
"(2) subject to those regulations applicable to the Academy
governing admission, attendance, discipline, resignation,
discharge, dismissal, and graduation, except as may otherwise be
prescribed by the Secretary.".
LEGISLATIVE HISTORY:
SENATE REPORT No. 94 - 1110 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 94 - 1187 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 122 (1976):
May 18, considered and passed House.
Sept. 7, considered and passed Senate, amended.
Sept. 27, House concurred in Senate amendment.
PUBLIC LAW 94-467, 90 STAT, 1997
94th Congress, H.R. 15552
OCTOBER 8, 1976
AN ACT
To amend title 18, United States Code, to implement the " Convention to
Prevent and Punish the Acts of Terrorism Taking the Form of Crimes
Against Persons and Related Extortion That Are of International
Significance" and the " Convention on the Prevention and Punishment of
Crimes Against Internationally Protected Persons, Including Diplomatic
Agents", 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 " Act for the Prevention and Punishment of Crimes Against
Internationally Protected Persons".
Sec. 2. Section 1116 of title 18, United States Code, is amended to
read as follows:
"1116. Murder or manslaughter of foreign officials, official guests,
or internationally protected persons
"(a) Whoever kills or attempts to kill a foreign official, offical
guest, or internationally protected person shall be punished as provided
under sections 1111, 1112, and 1113 of this title, // 18 USC 1111 -
1113. // except that any such person who is found guilty of murder in
the first degree shall be sentenced to imprisonment for life, and any
such person who is found guilty of attempted murder shall be imprisoned
for not more than twenty years.
"(b) For the purposes of this section:
"(1) ' Family' includes (a) a spouse, parent, brother, or
sister, child, or person to whom the foreign official or
internationally protected person stands in loco parentis, or (b)
any other person living in his household and related to the
foreign offical or internationally protected person by blood or
marriage.
"(2) ' Foreign government' means the government of a foreign
country, irrespective of recognition by the United States.
"(3) ' Foreign official' means--,
"(A) a Chief of State or the political equivalent, President, Vice
President, Prime Minister, Ambassador, Foreign Minister, or other
officer of Cabinet rank or above of a foreign government or the chief
executive officer of an international organization, or any person who
has previously served in such capacity, and any member of his family,
while in the United States; and
"(B) any person of a foreign nationality who is duly notified to the
United States as an officer or employee of a foreign government or
international organization, and who is in the United States on official
business, and any member of his family whose presence in the United
States is in connection with the presence of such officer or employee.
"(4) ' Internationally protected person' means--,
"(A) a Chief of State or the political equivalent, head of government,
or Foreign Minister whenever such person is in a country other than his
own and any member of his family accompanying him; or
"(B) any other representative, officer, employee, or agent of the
United States Government, a foreign government, or international
organization who at the time and place concerned is entitle pursuant to
international law to special protection against attack upon his person,
freedom, or dignity, and any member of his family then forming part of
his household.
"(5) ' International organization' means a public international
organization designated as such pursuant to section 1 of the
International Organizations Immunities Act (22 U.S.C. 288).
"(6) ' Official guest' means a citizen or national of a foreign
country present in the United States as an official guest of the
Government of the United States pursuant to designation as such by
the Secretary of State.
"(c) If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present within
the United States, irrespective of the place where the offense was
committed or the nationality of the victim or the alleged offender. As
used in this subsection, the United States includes all areas under the
jurisdiction of the United States including any of the places within the
provisions of sections 5 and 7 of this title, // 18 USC 5, 7. // and
section 101(34) of the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301(34)).
"(d) In the course of enforcement of this section and any other
sections prohibiting a conspiracy or attempt to violate this section,
the Attorney General may request assistance from any Federal, State, or
local agency, including the Army, navy, and Air Force, any statute,
rule, or regulation to the contrary notwithstanding.".
Sec. 3. The analysis at the beginning of chapter 51 of title 18,
United States Code, relating to section 1116 is amended to read as
follows:
"1116. Murder or manslaughter of foreign officials, official
guests, or internationally protected persons.".
Sec. 4. Section 1201 of title 18, United States Code, is amended as
follows:
(a) by deleting subsection (a)(4) and inserting in lieu thereof
the following:
"(4) the person is a foreign offical, an internationally
protected person, or an offical guest as those terms are defined
in section 1116(b) of this title,"; and
(b) by adding at the end thereof new subsections (d), (e), and
(f) as follows:
"(d) Whoever attempts to violate subsection (a)(4) shall be punished by
imprisonment for not more than twenty years.
"(e) If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present within
the United States, irrespective of the place where the offense was
committed or the nationality of the victim or the alleged offender. As
used in this subsection, the
United States includes all areas under the jurisdiction
of the United States including any of the places within
the provisions of sections 5 and 7 of this title,
// 18 USC 5, 7. //
and section 101(34) of the Federal
Aviation Act of 1958, as amended (49 U.S.C. 1301
(34)).
"(f) In the course of enforcement of subsection (a)(4) and any other
sections prohibiting a conspiracy or attempt to violate subsection
(a)(4), the Attorney General may request assistance from any Federal,
State, or local agency, including the Army, Navy, and Air Force, any
statue, rule, or regulation to the contrary notwithstanding.".
Sec. 5. Section 112 of title 18, United States Code, is amended to
read as follows:
"112. Protection of foreign officials, official guests, and
internationally protected persons
"(a) Whoever assaults, strikes, wounds, imprisons, or offers violence
to a foreign offical, official guest, or internationally protected
person or makes any other violent attack upon the person or liberty of
such person, or, if likely to endanger his person or liberty, makes a
violent attack upon his official premises, private accommodation, or
means of transport or attempts to commit any of the foregoing shall be
fined not more than $5,000 or imprisoned not more than three years, or
both. Whoever in the commission of any such act uses a deadly or
dangerous weapon shall be fined not more than $10,000 or imprisoned not
more than ten years, or both.
"(b) Whoever willfully--,
"(1) initmidates, coerces, threatens, or harasses a foreign
official or an offical guest or obstructs a foreign official in
the performance of his duties;
"(2) attempts to intimidate, coerce, threaten, or harass a
foreign official or an official guest or obstruct a foreign
official in the performance of his duties; or
"(3) within the United States but outside the District of
Columbia and within one hundred feet of any building or premises
in whole or in part owned, used, or occupied for official business
or for diplomatic, consular, or residential purposes by--,
"(A) a foreign government, including such use as a mission to an
international organization;
"(B) an international organization;
"(C) a foreign offical; or
"(D) an official guest;
congregates with two or more other persons with intent to violate
any other provision of this section;
shall be fined not more than $500 or imprisoned not more than six
months, or both.
"(c) For the purpose of this section 'foreign government', 'foreign
official', 'internationally protected person', 'international
organization', and 'official guest' shall have the same meanings as
those provided in section 1116(b) of this title.
"(d) Nothing contained in this section shall be construed or applied
so as to abridge the exercise of rights guaranteed under the first
amendment to the Constitution of the United States.
"(e) If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present within
the United States, irrespective of the place where the offense was
committed or the nationality of the victim or the alleged offender. As
used in this subsection, the United States includes all areas under the
jurisdiction of the United States including any of the places within the
provisions of sections 5 and 7 of this title, // 18 USC 5, 7. // and
section 101(34) of the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301(34)).
"(f) In the course of enforcement of subsection (a) and any other
sections prohibiting a conspiracy or attempt to violate subsection (a),
the Attorney General may request assistance from any Federal, State, or
local agency, including the Army, Navy, and Air Force, any statute,
rule, or regulation to the contrary, nonwithstanding.".
Sec. 6. The analysis at the beginning of chapter 51 of title 18,
United States Code, relating to section 112 is amended to read as
follows:
"112. Protection of foreign officials, official guests, and
internationally protected persons.".
Sec. 7. Section 970 of title 18, United States Code, is amended:
(a) by relettering subsection "(b)" as subsection "(c) and
amending the subsection to read as follows:
"(c) For the purpose of this section 'foreign government', 'foreign
official', 'international organization', and 'official guest' shall have
the same meanings as those provided in section 1116(b) of this title.";
and
(b) by inserting a new subsection "(b)" as follows:
"(b) Whoever, willfully with intent to intimidate, coerce,
threaten, or harass--,
"(1) forcibly thrusts any part of himself or any object within
or upon that portion of any building or premises located within
the United States, which portion is used or occupied for official
business or for diplomatic, consular, or residential purposes
by--,
"(A) a foreign government, including such use as a mission to an
international organization;
"(B) an international organization;
"(C) a foreign official; or
"(D) an official guest; or
"(2) refuses to depart from such portion of such building or
premises after a request--,
"(A) by an employee of a foreign government or of an international
organization, if such employee is authorized to make such request by the
senior official of the unit of such government or organization which
occupies such portion of such building or premises;
"(B) by a foeign official or any member of the foreign official's staff
who is authorized by the foreign official to make such request;
"(C) by an official guest or any member of the official guest's staff
who is authorized by the official guest to make such request; or
"(D) by any person present having law enforcement powers;
shall be fined not more than $500 or imprisoned not more than six
months, or both.".
Sec. 8. Chapter 41 of title 18, United States Code, is amended by
adding a new section 878 as follows:
"878. Threats and extortion against foreign officials, official
guests, or internationally protected persons
"(a) Whoever knowingly and willfully threatens to violate section
112, 1116, or 1201 by killing, kidnapping, or assaulting a foreign
official, official guest, or internationally protected person shall be
fined not more than $5,000 or imprisoned not more than five years, or
both, except that imprisonment for a threatened assault shall not exceed
three years.
"(b) Whoever in connection with any violation of subsection (a) or
actual violation of section 112, 1116, or 1201 makes any extortionate
demand shall be fined not more than $20,000 or imposed not more than
twenty years, or both.
"(c) For the purpose of this section 'foreign official',
'internationally protected person', and 'official guest' shall have the
same meanings as those provided in section 1116(a) of this title.
"(d) If the victim of an offense under subsection (a) is an
internationally protected person, the United States may exercise
jurisdiction over the offense if the alleged offender is present within
the United States, irrespective of the place where the offense was
committed or the nationality of the victim or the alleged offender, As
used in this subsection, the United States includes all areas under the
jurisdiction of the United States including any of the places within the
provisions of sections 5 and 7 of this title, // 18 USC 5, 7. // and
section 101(34) of the Federal Aviation Act of 1958, as amended (49
U.S.C. 1301(34)).".
Sec. 9. The analysis of chapter 41 of title 18, United States Code,
is amended by inserting at the end thereof the following new item:
"878. Threat and extortion against foreign officials, official
guests, and internationally protected persons.".
Sec. 10. Nothing contained in this Act, // 18 USC 112 note. //
shall be construed to indicate an intent on the part of Congress to
occupy the field in which its provisions opearate to the exclusion of
the laws of any State, Commonwealth, territory, possession, or the
District of Columbia, on the same subject matter, nor to relieve any
person of any obligation imposed by any law of any State, commonwealth,
territory, possession, or the District of Columbia, including the
obligation of all persons having official law enforcement powers to take
appropriate action, such as effecting arrests, for Federal as well as
non-Federal violations.
Sec. 11. Section 11 of title 18, United States Code, is amended by
inserting after the word "title" words "except in sections 112, 878,
970, 1116, and 1201".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1614 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 1273 accompanying S. 3646 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Sept. 21, considered and passed House.
Sept. 24, considered and passed *SENATE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42:
Oct. 10, Presidential statement.
PUBLIC LAW 94-466, 90 STAT, 1992, MINNESOTA VALLEY NATIONAL WILDLIFE
REFUGE ACT
94th Congress, H.R. 13374
OCTOBER 8, 1976
AN ACT
To provide for a national wildlife refuge in the Minnesota River
Valley, 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 " Minnesota Valley National Wildlife Refuge Act".
DECLARATION OF POLICY
Sec. 2. (a) Findings.--The Congress finds and declares the
following:
(1) The Lower Minnesota River Valley, which provides habitat
for a large number of migratory waterfowl, fish, and other
wildlife species, is a unique environmental resource.
(2) This valley is located close to a large metropolitan area
and, accordingly, it is of great value as a source of
environmental education, recreational opportunities, and
interpretive programs for hundreds of thousands of urban dwellers.
(3) This valley is currently threatened with spoilation,
removal from public access, and ecological downgrading, through
commerical and industrial development.
(4) Despoilment of this valley and its flood plain will result
in the permanent loss of unique social, educational, and
environmental assets.
(b) Polucy.-- It is therefore declared to be the policy of the
Congress in this Act to preserve the Minnesota River Valley through the
establishment of the Minnesota Valley National Wildlife Refuge.
DEFINITIONS
Sec. 3. As used in this Act: // 16 USC 668ll. //
(1) The terms "conserve" and "conservation" mean to use, and the use
of, methods and procedures which are necessary to assure, to the maximum
extent practicable, the continued existence of populations of fish and
wildlife. Such methods and procedures may include, but are not limited
to, all activites associated with scientific resource management,
including research, census, law enforcement, habitat acquisition, and
public information and education.
(2) The term "interests therein" means any property interest in lands
and waters, including, but not limited to, a leasehold, as easement, a
future interest, or an equitable use.
(3) The term "refuge" means the Minnesota Valley National Wildlife
Refuge, established pursuant to section 4 of this Act.
(4) The term " Secretary" means the Secretary of the Interior, acting
through the United States Fish and Wildlife Service.
(5) The term " State" means the State of Minnesota and any political
subdivision thereof.
(6) The term "wildlife recreation area" means the wildlife recreation
area established adjacent to the refuge, pursuant to section 5 of this
Act.
THE REFUGE
Sec. 4. (a) Establishment.--The Secretary shall establish, in
accordance with this section, the Minnesota Valley National Wildlife
Refuge by publication of a notice to that effect in the Federal Register
upon completion of the comprehensive plan pursuant to section 6 of this
Act. The refuge shall consist of--,
(1) approximately 9,500 acres of lands, marshes, submerged
lands, and open waters in the lower Minnesota River Valley, which
are depicted as a wildlife refuge on a map dated November 1975 and
entitled "officeal map--Minnesota Valley National Wildlife
Refuge-Recreation Area", which shall be on file and available for
public inspection in the offices of the United States Fish and
Wildlife Service of the Department of the Interior; and
(2) any additional lands, waters, and interests therein, which
the Secretary may acquire and designate for inclusion in the
refuge.
(b) Acquisition and Administration.--(1) The Secretary shall, within
6 years after the date of enactment of this Act, acquire lands, waters,
and interests therein, within the boundaries of the refuge, by (A)
donation; (B) purchase (with donated, transferred, or appropriated
funds); or (C) exchange.
(2) With respect ot the Black Dog Lake unit, as identified on
the map referred to in subsection (a) (1) of this section, the
Secretary may not acquire any lands, waters, or interests therein
unless such acquisition is compatible with the continued operation
of the electric power generation plant presently located within
such unit. The Secretary may negotiate and enter into an
agreement, with the owner of such powerplant, for the joint or
cooperative conservation and management of such unit.
(3) The Secretary shall develop and administer the lands,
waters, and interests therein, which are acquired for the refuge,
in accordance with the National Wildlife Refuge System
Administration Act of 1966, as amended (16 U.S.C. 688dd et seq.).
// 16 USC 668dd note. //
The Secretary may also exercise any other authority available to
him for the conservation and management of wildlife and natural
resources, the development of wildlife recreational opportunities,
wildlife interpretation, and environmental education, to the
extent deemed by him to be appropriate to carry out the purposes
of this Act.
(c) Wildlife Interpretation and Education Center.-- The Secretary
shall construct, administer, and maintain, at an appropriate site within
the refuge, a wildlife interpretation and education center. Such center
shall be designed and operated to promote environmental education and to
provide an opportunity for the study and enjoyment of wildlife in its
natural habitat.
(d) Revenue Sharing.-- Payments made, in accordance with the Refuge
Revenue Sharing Act (16 U.S.C. 715s), to the counties in which units of
the refuge are located shall be distributed by such counties to
municipalities and townships on the same pro rata basis as is used in
the distribution of real estate taxes.
THE WILDLIFE RECREATION AREA
Sec. 5. (a) General.--The Secretary shall establish, in cooperation
with the State and in an area adjacent to the refuge, a wildlife
recreation area by publication of a notice to that effect in the Federal
Register upon completion of the comprehensive plan pursuant to section 6
of this Act. Such area shall consist of the lands, waters, and
interests therein which are depicted as a recreation area on the map
referred to in section 4(a)(1) of this Act. The wildlife recreation
area shall, in general, consist of--,
(1) those portions of the Lower Minnesota River floodplain and
which are necessary for one or more of the following: public
access to such area; safety; the well-being of the visiting
public; and the operation and maintenance of such area; and
(2) any additional areas which are adjacent to such floodplain
and which are located between the city of Jordan, Minnesota, and
Fort Snelling State Park, excluding the industrialized component
thereof located in the municipalities of Savage, Chaska, Shakopee,
and Burnsville, Minnesota.
(b) Acquisition and Administration.--Lands, waters, and interests
therein, which are within the boundaries of the wildlife recreation
area, shall, with the agreement of the State, be acquired, developed,
and administered by the State (in cooperation with the Secretary) in
accordance with the provisions of the comprehensive plan developed under
section 6 of this Act.
COMPREHENSIVE PLAN
Sec. 6. (a) General.--Within 3 years after the date of enactment of
this Act, // 16 USC 668oo. // the Secretary shall, in cooperation with
the State and political subdivisions thereof, develop a comprehensive
plan for the conservation, protection, preservation, and interpretation
of the Minnesota Valley National Wildlife Refuge and the adjacent
wildlife recreation area.
(b) Management Categories.--The plan required by subsection (a) of
this section shall delineate and provide appropriate management
guidelines for the following two categories of property:
(1) Catergory I.--The Minnesota Valley National Wildlife
Refuge, to be qcquired and managed by the Secretary pursuant to
section 4(b) of this Act.
(2) Category Ii.--Public natur-recreation areas, to be acquired
(in fee or by lease, easement, donation, or other agreement) and
managed by the State (in cooperation with the Secretary) pursuant
to section 5(b) of this Act.
(c) Other Requirements.--The plan required by subsection (a) of this
section shall--,
(1) provide for the Minnesota Valley Trail Corridor, authorized
by Minnesota Statue, 1969, section 85, 198, as an integral part of
the Minnesota Valley National Wildlife Refuge and the adjacent
wildlife recreation area; and
(2) contain such other provisions relating to public use, law
enforcement, wildlife conservation, environmental education and
interpretation, and other matters as the Secretary and the State
deem necessary to preserve, protect, and enhance the
refuge-recreation area and to carry out the purposes of this Act.
FINANCIAL ASSISTANCE
Sec. 7. (a) Grants.--, // 16 USC 668pp. // The Secretary shall
provide sufficient financial assistance to the State to enable it to
acquire and develop lands, waters, and interests therein in the wildlife
recreation area. A grant made under this section shall only be used
with respect to lands, waters, and interests therein which are acquired
by the State after the establishment of the wildlife recreation area.
The Secretary may reimburse the State for lands, waters, and interests
therein which are acquired prior to the establishment of the wildlife
recreation area if such lands, waters, and interests therein are
contained within the area at the time of its establishment. Such grants
shall be subject to such other terms and conditions as may be prescribed
by the Secretary. Any grants made from the Land and Water Conservation
Fund shall be subject to the provisions of section 6 of the Land and
Water Conservation Fund Act, as amended (16 U.S.C. 4601 - 8).
(b) Limitations.--Any payment made by the Secretary under this
section shall be subject to the following condition: The conversion,
use, or disposal of any lands, waters, and interests therein which are
required by the State, directly or indirectly, with Federal financial
assistance provided under this section, for purposes contrary to the
purposes of this Act (as determined by the Secretary), shall create in
the United States a right to compensation from the State in an amount
equal to the fair market value of the land at the time of conversion,
use or disposal, or an amount equal to the Federal payment for
acquisition and development of the land, whichever is greater.
SPOIL SITES
Sec. 8. The Secretary and the United States Corps of Engineers shall
assist appropriate local authorities in the disposal of dredge material
and in the designation of sites for deposit of dredge material, so as to
minimize the disruption of wildlife and the reduction of scenic and
recreational values and so as to assure the continuation of navigation
on the riverway. The Secretary may acquire such alternative sites,
outside the boundary of the refuge-recreation area, as may be necessary,
in exchange for sites existing in the area on the date of enactment of
this Act. The value of any properties so exchanged shall be
approximately equal as determined by the Secretary or, if not, such
value shall be equalized by the payment of cash, to the owners of the
property within the refuge-recreation area or to the Secretary, as the
circumstances require. The Secretary is authorized to expend not more
than 20 per centum of the funds appropriated for acquisition of the
refuge under section 10(a) of this Act to assist in the disposal of
dredge material and to purchase alternative sites for deposit of dredge
material as may be necessary outside the boundaries of the refuge and
recreation area.
CONTINUED PUBLIC SERVICES
Sec. 9. Nothing contained in this Act // 16 USC 668rr. // shall be
construed as prohibiting or preventing the provision of vital public
services, including--,
(1) the continuation of commercial navigation in the main
navigation channel of the Minnesota River which lies within the
refuge/recreation area;
(2) the construction, improvement, and replacement of highways
and bridges, whether or not the highway is a Federal-aid highway;
or
(3) any other activity which the Secretary determines to be
necessary;
if the provision of such services is otherwise in accordance with law.
Any activity referred to in this section shall be carried out so as to
minimize the disruption of the wildlife and the reduction of
recreational and scenic values of the area, consistent with economic
feasibility.
AUTHORIZATION FOR APPROPRIATIONS
Sec. 10. (a) Acquisition.--, // 16 USC 668ss. // There are
authorized to be appropriated such amounts as may be necessary for
acquisition of lands, waters, and interests therein in the
refuge-recreation area, pursuant to sections 4(b)(1) and (7)(a) of this
Act, except that such sums shall not exceed a total of $14,500,000 for
the period beginning October 1, 1977, and ending September 30, 1983.
(b) Development.--There are authorized to be appropriated such
amounts as may be necessary for the development of the refuge-recreation
area, except that such sums shall not exceed $6,000,000 for the period
beginning October 1, 1977, and ending September 30, 1986. Not more than
$500,000 of such sums shall be used for the development of the
comprehensive plan pursuant to section 6 of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1470 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 94 - 934 accompanying S. 2097 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Sept. 20, considered and passed House.
Sept. 24, considered and passed Senate.
PUBLIC LAW 94-465, 90 STAT, 1990
94th Congress, S. 2981
OCTOBER 8, 1976
AN ACT
To authorize appropriations for the Indian Claims Commission for fiscal
year 1977, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That there is authorized
to be appropriated to carry out the provisions of the Indian Claims
Commission Act (25 U.S.C. 70), during fiscal year 1977, not to exceed
$1,650,000.
Sec. 2. Section 23 of the Act entitled " An Act to create an Indian
Claims Commission, to provide for the powers, duties and functions
thereof, and for other purposes", approved August 13, 1946 (60 Stat.
1049, 1055), as amended (86 Stat. 115; 25 U.S.C. 70v), is hereby
amended by striking said section and inserting in lieu thereof the
following:
" DISSOLUTION OF THE COMMISSION AND DISPOSITION OF PENDING CLAIMS
" Sec. 23. The existence of the Commission shall terminate at the
end of fiscal year 1978 on September 30, 1978, or at such earlier time
as the Commission shall have made its final report to the Congress on
all claims filed with it. Upon its dissolution, the records and files
of the Commission in all cases in which a final determination has been
entered shall be delivered to the Archivist of the United States. No
later than December 31, 1976, the Indian Claims Commission may certify
and transfer to the Court of Claims all cases which the Commission
determines it cannot completely adjudicate by September 30, 1978. In
addition, the Commission may, at any time prior to September 30, 1978,
certify and transfer to the Court of Claims any case which it determines
cannot be completely adjudicated prior to the dissolution of the
Commission. Jurisdiction is hereby conferred upon the Court of Claims
to adjudicate all such cases under the provisions of section 2 of the
Indian Claims Commission Act: Provided, That section 2 of said Act
shall not apply to any cases filed originally in the Court of Claims
under section 1505 of title 28, United States Code. Upon dissolution of
the Commission, all pending cases including those on appeal shall be
transferred to the Court of Claims for adjudication on the same basis as
those authorized to be transferred by this section.".
Sec. 3. Section 28 of such Act of August 13, 1946, as amended (25
U.S.C. 70v-2), is amended by striking said section and inserting in lieu
thereof the following:
" STATUS REPORT TO CONGRESS
" Sec. 28. The Commission shall, on the first day of the 95th
Congress, submit a report to the Committees on Interior and Insular
Affairs of the Senate and House of Representatives on those cases which
it has transferred pursuant to section 23 of this Act, // 25 USC 70v.
// as amended. In addition, the Commission shall submit a report to
said Committees at six month intervals thereafter showing the progress
made and the work remaining to be completed by the Commission, as well
as the status of each remaining case, along with the projected date for
its completion.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1150 accompanying H.R. 11909 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 94 - 737 (Comm. on INTERIOR and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Apr. 9, considered and passed Senate.
Aug. 3, considered and passed House, amended, in lieu of H.R.
11909. Sept. 28, Senate agreed to conference report.
Sept. 29, House agreed to conference report.
PUBLIC LAW 94-464, 90 STAT, 1985
94th Congress, H.R. 3954
OCTOBER 8, 1976
AN ACT
To provide for an exclusive remedy against the United States in suits
based upon medical malpractice on the part of medical personnel of the
armed forces, the Defense Department, the Central Intelligence Agency,
and the National Aeronautics and Space Administration, 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) chapter 55 of
title 10, United States Code, is amended by adding at the end thereof a
new section as follows:
1089. Defense of certain suits arising out of medical malpractice
"(a) The remedy against the United States provided by sections 1346(
b) and 2672 of title 28 for damages for personal injury, including
death, caused by the negligent or wrongful act or omission of any
physician, dentist, nurse, pharmacist, or paramedical or other
supporting personnel (including medical and dental technicians, nursing
assistants, and therapists) of the armed forces, the Department of
Defense, or the Central Intelligence Agency in the performance of
medical, dental, or related health care functions (including clinical
studies and investigations) while acting within the scope of his duties
or employment therein or therefor shall hereafter be exclusive of any
other civil action or proceeding by reason of the same subject matter
against such physician, dentist, nurse, pharmacist, or paramedical or
other supporting personnel (or the estate of such person) whose act or
omission gave rise to such action or proceeding.
"(b) The Attorney General shall defend any civil action or proceeding
brought in any court against any person referred to in subsection (a) of
this section (or the estate of such person) for any such injury. Any
such person against whom such civil action or proceeding is brought
shall deliver within such time after date of service or knowledge of
service as determined by the Attorney General, all process served upon
such person or an attested true copy thereof to such person's immediate
superior or to whomever was designated by the head of the agency
concerned to receive such papers and such person shall promptly furnish
copies of the pleading and process therein to the United States attorney
for the district embracing the place wherein the action or proceeding is
brought, to the Attorney General and to the head of the agency
concerned.
"(c) Upon a certification by the Attorney General that any person
described in subsection (a) was acting in the scope of such person's
duties or employment at the time of the incident out of which the suit
arose, any such civil action or proceeding commenced in a State court
shall be removed without bond at any time before trial by the Attorney
General to the district court of the United States of the district and
division embracing the place wherein it is pending and the proceeding
deemed a tort action brought against the United States under the
provisions of title 28 // 28 USC 1. // and all references thereto.
Should a United States district court determine on a hearing on a motion
to remand held before a trial on the merits that the case so removed is
one in which a remedy by suit within the meaning of subsection (a) of
this section is not available against the United States, the case shall
be remanded to the State court.
"(d) The Attorney General may compromise or settle any claim asserted
in such civil action or proceeding in the manner provided in section
2677 of title 28, and with the same effect.
"(e) For purposes of this section, the provisions of section 2680 (h)
of title 28 shall not apply to any cause of action arising out of a
negligent or wrongful act or omission in the performance of medical,
dental, or related health care functions (including clinical studies and
investigations).
"(f) The head of the agency concerned or his designee may, to the
extent that he or his designee deems appropriate, hold harmless or
provide liablilty insurance for any person described in subsection (a)
for damages for personal injury, including death, caused by such
person's negligent or wrongful act or omission in the performance of
medical, dental, or related health care functions (including clinical
studies and investigations) while acting within the scope of such
person's duties if such person is assigned to a foreign country or
detailed for service with other than a Federal department, agency, or
instrumentality or if the circumstances are such as are likely to
preclude the remedies of third persons against the United States
described in section 1346(b) of title 28, for such damage or injury.
"(g) In this section, 'head of the agency concerned' means--,
"(1) the Director of Central Intelligence, in the case of an
employee of the Central Intelligence Agency;
"(2) the Secretary of Transportation, in the case of a member
or employee of the Coast Guard when it is not operating as a
service in the Navy; and
"(3) the Secretary of Defense, in all other cases.".
(b) The table of sections at the beginning of such chapter 55 is
amended by adding at the end thereof the following:
"1089. Defense of certain suits arising out of medical
malpractice.".
Sec. 2. (a) The Congress finds--,
(1) that the Army National Guard and the Air National Guard are
citical components of the defense posture of the United States;
(2) that a medical capability is essential to the performance of the
mission of the National Guard when in Federal service;
(3) that the cureent medical malpractice crisis poses a serious
threat to the availability of sufficient medical personnel for the
National Guard; and
(4) that in order to insure that such medical personnel will continue
to be available to the National Guard, it is necessary for the Federal
Government to assume responsibility for the payment of malpractice
claims made against such personnel arising out of actions or omissions
on the part of such personnel while they are performing certain training
exercises.
(b) Chapter 3 of title 32, United States Code, is amended by adding
at the end thereof a new section as follows:
334. Payment of malpractice liability of National Guard Medical
personnel
(a) Upon the final disposition of any claim for damages for personal
injury, including death, caused by the negligent or wrongful act or
omission of any medical personnel of the Antiona Guard in furnishing
medical care or treatment while acting within the scope of his duties
for the National Guard during a training exercise, the liability of such
medical personnel for any costs, settlements, or judgment shall become,
subject to the provisions of this section, the liability of the United
States and shall be payable under the provisions of section 1302 of the
Act of July 27, 1956 (31 U.S.C. 724a), or out of funds appropriated for
the payment of such liability.
"(b) The liability for any claim for damages under this section
against any medical personnel shall become the liability of the United
States only to the extent that the liability of such medical personnel
is not covered by insurance, and such liability not constitute
coinsurance for any purpose.
"(c) Liability of the United States for damages against any medical
personnel referred to in subsection (a) shall be subject to the
condition that the medical personnel against whom any claim for such
damages is made shall--,
"(1) promptly notify the Attorney General of the claim, and in
case of any civil action, or proceeding brought in any court
against any such personnel, deliver all process served upon such
personnel (or an attested true copy thereof) to the immediate
superior of such personnel or to such other person designated by
the appropriate Adjutant General to receive such papers, who shall
promptly transmit such papers to the Attorney Geeneral.
"(2) furnish to the Attorney General such other information and
documents as the Attorney General may request, and
"(3) comply with the instructions of the Attorney General
realative to the final disposition of a claim for damages.
"(d) The liability of the United States under this section shall also
be subject to the condition that the settlement of any claim described
in subsection (a) of this section be approved by the Attorney General
prior to its finalization.
"(e) The provisions of this section shall not apply in the case of
any claim for damages against any medical personnel settled under the
provisions of section 715 of title 32.
"(f) As used in this section, the term--,
"(1) ' Medical personnel' means any physician, dentist, nurse,
pharmacist, paramedical, or other supporting personnel (including
medical and dental technicians, nursing assistants, and
therapists) of the Army National Guard or the Air National Guard.
"(2) ' Training exercise' means training or duty performed by
medical personnel under section 316, 502, 503, 504, or 505 of this
title
// 32 USC 316, 502 - 505. //
or under any other provision of law for which such personnel are
entitled to ro has waived pay under section 206 of title 37.
"(3) ' Final disposition' means--,
"(A) a final judgement of any court from which the Attorney General
decides there will be no appeal,
"(B) the settlement of any claim, or
"(C) a determination at any stage of a claim for damages in favor of a
medical personnel and from which determination no appeal can be made.
"(5) ' Costs' includes any costs which are taxed by any court
against any medical personnel, normal litigation expenses,
attorney's fees incurred by any medical personnel, and such
interest as any medical personnel may be obligated to pay by any
court order or by statute.
"(6) ' Claim for damages' means any claim or any legal or
administrative action in connection with any claim described in
subsection (a) of this section.
"(7) ' Attorney General' means the Attorney General of the
United States.".
(c) The table of sections at the beginning of such chapter 3 is
amended by adding at the end thereof the following:
"334. Payment of malpractice liability of National
Guard medical personnel.".
Sec. 3. Title III of the National Aeronautics and Space Act of 1958,
// 42 USC 2459. // as amended, is amended by redesignating section 307
as 308 and by inserting after section 306 a new section 307 as follows:
" DEFENSE OF CERTAIN MALPRACTICE AND NEGLIGENCE SUITS
" Sec. 307. (a) The remedy against the United States provided by
sections 1346(b) and 2672 of title 28, United States Code, for damages
for personal injury, including death, caused by the negligent or
wrongful act or omission of any physician, dentist, nurse, pharmacist,
or paramedical or other supporting personnel (including medical and
dental technicians, nursing assistants, and therapists) of the
Administration in the performance of medical, dental, or related health
care functions (including clinical studies and investigation) while
acting within the scope of his duties or employment therein or therefor
shall hereafter be exclusive of any other civil action or proceeding by
reason of the same subject matter against such physician, dentist,
nurse, pharmacist, or paramedical or other supporting personnel (or the
estate of such person) whose act or omission gave rise to such action or
proceeding.
"(b) The Attorney General shall defend any civil action or proceeding
brought in any court against any person referred to in subsection (a) of
this section (or the estate of such person) for any such injury. Any
such person against whom such civil action or proceeding is brought
shall deliver within such time after date of service or knowledge of
service as determined by the Attorney General, all process served upon
such person or an attested true copy therof to such person's immediate
superior or to whomever was designated by the Administrator to receive
such papers and such person shall promptly furnish copies of the
pleading and pricess therein to the United States Attorney for the
district embracing the place wherein the proceeding is brought to the
Attorney General and to the Administrator.
"(c) Upon a certification by the Attorney General that any person
described in subsection (a) was acting in the scope of such person's
duties or employment at the time of the incident out of which the suit
arose, any such civil action or proceeding commenced in a State court
shall be removed without bond at any time before trial by the Attorney
General to the district court of the United States of the district and
division embracing the place wherein it is pending and the proceeding
deemed a tort action brought against the United States under the
provisions of title 28, United States Code, // 28 USC 1. // and all
references thereto. Should a United States district court determine on
a hearing on a motion to remand held before a trial on the merits that
the case so removed is one in which a remedy by suit within the meaning
of subsection (a) of this section is not available against the United
States, the case shall be remanded to the State court.
"(d) The Attorney General may compromise or settle any claim asserted
in such civil action or proceeding in the manner provided in section
2677 of title 28, United States Code, and with the same effect.
"(e) For purposes of this section, the provisions of section 2680 (h)
of title 28, United States Code, shall not apply to any cause of action
arising out of a negligent or wrongful act of omission in the
performance of medical, dental, or related health care functions
(including clinical studies and investigations).
"(f) The Administrator or his designee may, to the extent that the
Administrator or his designee deem appropriate, hold harmless or provide
liablity insurance for any person described in subsection (a) for
damages for personal injury, including death, caused by such person's
negligent or wrongful act or omission in the performance of medical,
dental, or related health care functions (including clinical studies and
investigations) while acting within the scope of such person's duties if
such person is assigned to a foreign country or detailed for service
with other than a Federal department, agency, or instrumentality or if
the circumstances are such as are likely to preclude the remedies of
third persons against the United States described in section 2679(b) @f
title 28, United States Code, for such damage or injury.".
Sec. 4. This Act // 10 USC 1089 note. // shall become effective on
the date of its enactment and shall apply only to those claims accruing
on or after such date of enactment.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 333 (Comm. on Armed Services).
SENATE REPORT No. 94 - 1264 (Comm. on Armed Services).
CONGRESSIONAL RECORD:
Vol. 121 (1975): July 21, considered and passed House.
Vol. 122 (1976): Sept. 24, considered and passed Senate,
amended.
Sept. 27, House concurred in Senate amendment.
PUBLIC Law 94-463, 90 STAT, 1982, FARMER TO CONSUMER DIRECT MARKETING
ACT OF 1976.
94th Congress, H.R. 10339
OCTOBER 8, 1976
AN ACT
To encourage the direct marketing of agricultural commodities from
farmers to consumers.
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 " Farmer-to-Consumer Direct Marketing Act of 1976". // 7
USC 3001 note. //
PURPOSE
Sec. 2. It is the purpose of this Act // 7 USC 3001. // to promote,
through appropriate means and on an economically sustainable basis, the
development and expansion of direct marketing of agricultural
commodities from farmers to consumers. To accomplish this objective,
the Secretary of Agriculture (hereinafter referred to as the "
Secretary") shall initiate and coordinate a program designed to
facilitate direct marketing from farmers to consumers for the mutual
benefit of consumers and farmers.
DEFINITION
Sec. 3. For purposes of this Act // 7 USC 3002. // the therm
"direct marketing from farmers to consumers" shall mean the marketing of
agricultural commodities at any marketplace (including, but not limited
to, roadside stands, city markets, and vehicles used for house-to-house
marketing of agricultural commodities) established and maintained for
the purpose of enabling farmers to sell (either individually or through
a farmers' organization directly representing the farmers who produced
the commodities being sold) their agricultural commodities directly to
inidvidual consumers, or organizations representing consumers, in a
manner calculated to lower the cost and increase the quality of food to
such consumers while providing increased financial returns to the
farmers.
SURVEY
Sec. 4. The Secretary shall provide, through the Economic Research
Service of the United States Department of Agriculture, or whatever
agency or agencies the Secretary considers appropriate, a continuing
survey of existing methods of direct marketing from farmers to consumers
in each State. The initial survey, which shall be completed no later
than one year following the date of enactment of this Act, shall include
the number of types of such marketing methods in existence, the volume
of business conducted through each such marketing method, and the impact
of such marketing methods upon financial returns to farmers (including
their impact upon improving the economic viability of small farmers) and
food quality and costs to consumers.
DIRECT MARKETING ASSISTANCE WITHIN THE STATES
Sec. 5. (a) In order to promote the establishment and operation of
direct marketing from farmers to consumers, the Secretary shall provide
that funds appropriated to carry out this section be utilized by State
departments of agriculture and the Extension Service of the United
States Department of Agriculture for the purpose of conducting or
facilitating activities which will initiate, encourage, develop, or
coordinate methods of direct marketing from farmers to consumers within
or among the States. Such funds shall be allocated to a State on the
basis of the feasibility of direct marketing from farmers to consumers
within that state as compared to other States and shall be allocated
within a State to the State department of agriculture and to the
Extension Service on the basis of the types of activities which are
needed in the State and on the basis of which of these two agencies, or
combination thereof, can best perform these activities. The activities
shall include, but shall not be limited to--,
(1) sponsoring conferences which are designed to faciliate the
sharing of information (among farm producers, consumers, and other
interested persons or groups) concerning the establishment and
operation of direct marketing from farmers to consumers;
(2) compiling laws and regulations relevant to the conduct of
the various methods of such direct marketing within the State,
formulating drafts of enabling legislation needed to faciliate
such direct marketing, determining feasible locations for
additional facilities for such direct marketing, and preparing and
disseminating practical information on the establishment and
operation of such direct marketing; and
(3) providing technical assistance for the purpose of aiding
interested individuals or groups in the establishment of
arrangements for direct marketing from farmers to consumers.
(b) In the implementation of this section, the Secretary shall take
into account consumer preferences and needs which may bear upon the
establishment and operation of arrangements for direct marketing from
farmers to consumers.
ANNUAL REPORT
Sec. 6. The Secretary shall periodically review the activities
carried out under this Act and shall report to the Committee on
Agriculture, United States House of Representatives, and the Committee
on Agriculture and Forestry, United States Senate, within one year of
the date of enactment of this Act, and annually thereafter, with respect
to the effectiveness of this Act. The Secretary shall include in such
report a State-by-state summary of the results of the survey conducted
under this Act, and a summary of the activities and accomplishments of
the Extension Service and the State departments of agriculture in the
development of direct marketing from farmers to consumers during the
previous year.
AUTHORIZATION OF APPROPRIATIONS
Sec. 7. (a) For purposes of carrying out the provisions of sections
4 and 6, there are authorized to be appropriated such sums as are
necessary.
(b) For purposes of carrying out the provisions of section 5, there
is authorized to be appropriated $1,500,000 for each of the fiscal years
ending September 30, 1977, and September 30, 1978.
EMERGENCY HAY PROGRAM
Sec. 8. In carrying out any emergency hay program for farmers or
ranchers in any area of the United States under section 305 of the
Disaster Relief Act of 1974, // 42 USC 5145 note. 42 USC 5145. //
because of an emergency or major disaster in such area, the President
shall direct the Secretary of Agriculture to pay 80 percent of the cost
of transporting hay (not to exceed $50 per ton) from areas in which hay
is in plentiful supply to the area in which such farmers or ranchers are
located. The provisions of this section shall expire on October 1,
1977, and shall become effective on October 1, 1976, or on the date of
enactment of this Act, whichever is later.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 612 (Comm. on Agriculture) and No. 94 - 1516
(Comm. of Conference).
SENATE REPORT: No. 94 - 1022 (Comm. on Agriculture and Forestry).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Nov. 4, considered and passed House.
Vol. 122 (1976): July 30, considered and passed Senate,
amended.
Sept. 15, Senate agreed to conference report.
Sept. 23, House receded and concurred in certain Senate
amendments; receded and concurred in certain others with
amendments.
Sept. 27, Senate concurred in House amendments.
Public Law 94-462, 90 Stat, 1971, Arts, Humanities and Cultural
Affairs Act of 1976.
94th Congress, H.R. 12838
October 8, 1976
An Act
To amend and extend the National Foundation of the Arts and Humanities
Act of 1965, to provide for the improvement of museum services, to
establish a challenge grant 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 " Arts, Humanities, and Cultural Affairs Act of 1976".
TITLE I--ARTS AND HUMANITIES
SCOPE OF PROGRAMS CARRIED OUT BY CHARIMAN OF NATIONAL ENDOWMENT FOR THE
ARTS
Sec. 101. Section 5(c) of the National Foundation on the Arts and
the Humanities Act of 1965 // 20 USC 954. // is amended by striking out
"in the United States".
ALLOTMENTS FOR PROJECTS AND PRODUCTIONS RELATING TO THE ARTS
Sec. 102. Section 5(g)(4)(A) of the National Foundation on the Arts
and the Humanities Act of 1965 is amended by inserting immediately after
"(4)(A)" the following new sentence: " The amount of each allotment to
a Senate for any fiscal year under this subsection shall be available to
each State, which has a plan approved by the Chairman in effect on the
first day of such fiscal year, to pay not more than 50 per centum of the
total cost of any project or production described in paragraph (1).".
APPOINTMENT OF MEMBERS OF NATIONAL COUNCIL ON ARTS AND NATIONAL COUNCIL
ON HUMANITIES
Sec. 103. (a) The first sentence of section 6(b) of the National
Foundation on the Arts and Humanities Act of 1965 // 20 USC 955. // is
amended by inserting ", by and with the advice and consent of the
Senate," immediately after " President".
(b) The first sentence of section 8(b) // 20 USC 957. // of the
National Foundation on the Arts and the Humanities Act of 1965 if
amended by inserting ", by and with the advice and consent of the
Senate," immediately after " President".
STATE HUMANITIES PROGRAM
Sec. 104. (a) Section 7 of the National Foundation on the Arts and
the Humanities Act of 1965 // 20 USC 956. // is amended by adding at
the end thereof the following new subsection:
"(f)(1) The Chairman with the advice of the National Council on
the Humanities, is authorized, in accordance with the provisions
of this subsection, to establish and carry out a program of
grants-in-aid in each of the several States in order to support
not more than 50 per centum of the cost of existing activities
which meet the standards enumerated in subsection (c) of this
section, and in order to develop a program in the humanities in
such a manner as will furnish adequate programs in the humanities
in each of the several States.
"(2) In order to receive Federal assistance under this
subsection in any fiscal year, any appropriate entity desiring to
receive such assistance shall submit an application for such
grants at such time as shall be specified by the Chairman. Each
such application shall be accompanied by a plan which the Chairman
finds--,
"(A) provides assurances that the grant recipient will comply with the
requirements of paragraph (3) of this subsection;
"(B) provides that funds paid to the grant recipient will be expended
solely on programs which carry out the objectives of subsection (c) of
this section;
"(C) establishes a membership policy which is designed to assure broad
public representation with respect to programs administered by such
grant recipient;
"(D) provides a nomination process which assures opportunities for
nomination to membership from various groups within the State involved
and from a variety of segments of the population of such State, and
including individuals who by reason of their achievement, scholarship,
or creativity in the humanities, are especially qualified to serve;
"(E) provides for a membership rotation process which assures the
regular rotation of the membership and officers of such grant recipient
and which complies with the provisions of paragraph (3)(C) of this
subsection
"(F) establishes reporting procedures which are designed to inform the
chief executive officer of the State involved, and other appropriate
officers and agencies, of the activities of such grant recipient;
"(G) establishes procedures to assure public access to information
relating to such activities; and
"(H) provides that such recipient shall make reports to the Chairman,
in such form, at such times, and containing such information, as the
Chairman may require.
"(3)(A) whenever a State desires that an appropriated
officer or agency or such State appoint 50 per centum of the
membership of the governing body of the grant recipient involved,
such State shall--,
"(i) for the first fircal year with respect to which such State desires
to make such appointments, match, from State funds, 50 per centum of
that portion of the Federal financial assistance received by such grant
recipient under this subsection which exceeds $100,000;
"(ii) for the second fiscal year with respect to which such State
desires to make such appointments, match, from State funds, that portion
of the Federal financial assistance received by such grant recipient
under this subsection for which exceeds $100,000; and
"(iii) with respect to each fiscal year thereafter, match, from State
funds, the total amount of Federal financial assistance received by such
grant recipient under this subsection for the fiscal year involved.
"(B) In any State in which the State does not desire to comply
with the requirements of subparagraph (A) of this paragraph, the
grant recipient shall--,
"(i) establish a procedure which assures that two members of the
governing body of such grant recipient shall be appointed by an
appropriate officer or agency of such State; and
"(ii) provide, from any source, an amount equal to the total amount of
Federal financial assistance received by such grant recipient under this
subsection in the fiscal year involved.
"(C) In any fiscal year in which a State fails to meet the
matching requirement from State funds made by subparagraph (A) of
this paragraph, the number of members on the governing body of the
grant recipient who were appointed by an appropriate officer or
agency of such State shall be reduced so that the governing body
complies with the provisions of subparagraph (B) of this
paragraph.
"(4) Of the sums available to carry out this subsection for any
fiscal year, each grant recipient which has a plan approved by the
Chairman shall be allotted at least $200,000. If the sums
appropriated are insufficient to make the allotments under the
preceding sentence in full, such sums shall be allotted among such
grant recipients in equal amounts. In any case where the sums
available to carry out this subsection for any fiscal year are in
excess of the amount required to make the allotments under the
first sentence of this paragraph--,
"(A) the amount of such excess which is no greater than 25 per centum
of the sums available to carry out this subsection for any fiscal year
shall be available to the Chairman for making grants under this
subsection to entities applying for such grants;
"(B) the amount of such excess, if any, which remains after reserving
in full for the Chairman the amount required under subparagraph (A)
shall be allotted among the grant recipients which have plans approved
by the Chairman in equal amounts, but in no event shall any grant
recipient be allotted less than $2000,000.
"(5) (A) Whenever the provisions of paragraph (3)(B) of this
subsection apply in any State, that part of any allotment made
under paragraph (4) for any fiscal year--,
"(i) which exceeds $125,000, but
"(ii) which does not exceed 20 per centum of such allotment, shall be
available, at the discretion of the Chairman, to pay up to 100 per
centum of the cost of programs under this subsection if such programs
would otherwise be unavailable to the residents of that State.
"(B) Any amount allotted to a State under the first sentence of
paragraph (4) for any fiscal year which is not obligated by the
grant recipient prior to sixty days prior to the end of the fiscal
year for which such sums are appropriated shall be available to
the Chairman for making grants to regional groups.
"(C) Funds made available under this subsection shall not be
used to supplant non-Federal funds.
"(D) For the purposes of this paragraph, the term 'regional
group' means any multistate group, whether or not representative
of contiguous States.
(6) All amounts allotted or made available under paragraph (4)
for a fiscal year which are not granted to any entity during such
fiscal year shall be available to the National Endowment for the
Humanities for the purpose of carrying out subsection (c).
"(7) Whenever the Chairman, after reasonable notice and
opportunity for hearing, finds that--,
"(A) a grant recipient is not complying substantially with the
provisions of this subsection;
"(B) a grant recipient is not complying substantially with terms and
conditions of its plan approved under this subsection; or
"(C) any funds granted to any grant recipient under this subsection
have been diverted from the purposes for which they are allotted or
paid,
the Chairman shall immediately notify the Secretary of the
Treasury and the grant recipient with respect to which such
finding was made that no further grants will be made under this
subsection to such grant recipient until there is no longer a
default or failure to comply or the diversion has been corrected,
or, if the compliance or correction is impossible, until such
grant recipient repays or arranges the repayment of the Federal
funds which have been improperly diverted or expended.
"(8) Except as provided in paragraphs (4), (5), and (6), the
Chairman may not make grants under this subsection to more than
one entity in any State."
(b) The amendment made by subsection (a)
// 20 USC 956 note. //
shall be effective with
respect to fiscal year 1977 and succeeding fiscal
years.
PAYMENT OF PERFORMERS AND SUPPORTING PERSONNEL
Sec. 105. Section 7 of the National Foundation on the Arts and the
Humanities Act of 1965, as amended by section 104(a), is further amended
by adding at the ned thereof the following new subsection:
"(g) It shall be a condition of the receipt of any grant under
this section that the group, individual, or State entity receiving
such grant furnish adequate assurances to the Secretary of Labor
that (1) all professional performers and related or supporting
professional personnel employed on projects or productions which
are financed in whole or in part under this section will be paid,
without subsequent deduction or rebate on any account, not less
than the minimum compensation as determined by the Secretary of
Labor to be the prevailing minimum compensation for persons
employed in similar activities; and (2) no part of any project or
production which is financed in whole or in part under this
section will be performed or engaged in under working conditions
which are unsanitary or hazardous or dangerous to the health and
safety of the employees engaged in such project or production.
Compliance with the safety and sanitary laws of the State in which
the performance or part thereof is to take place shall be prima
facie evidence of compliance. The Secretary of Labor shall have
the authority to prescribe standards, regulations, and procedures
as he may deem necessary or appropriate to carry out the
provisions of this subsection.".
AUTHORIZATIONS OF APPROPRIATIONS
Sec. 106. (a)(1)(A) Section 11(a)(1)(A) of the National Foundation
on the Arts and the Humanities Act of 1965 // 20 USC 690. // is amended
to read as follows:
" Sec. 11. (a)(1)(A) // 20 USC 954. // For the purpose of carrying
out section 5(c), there are authorized to be appropriated $93,500,000
for fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums
as may be necessary for fiscal years 1979 and 1980. Of the sums so
appropriated for any fiscal year, not less than 20 per centum shall be
for carrying out section 5(g).".
(B) Section 11(a)(1)(B) of such Act is amended by striking out all
that follows " Humanities" and inserting in lieu thereof the following:
"$93,500,000 for fiscal year 1977, $105,000,000 for fiscal year 1978,
and such sums as may be necessary for fiscal years 1979 and 1980. Of
the sums so appropriated for any fiscal year, not less than 20 per
centum shall be carrying out section 7(f).".
(2) Section 11(a)(2) of such Act is amended (A) by striking out
" July 1, 1976" and inserting in lieu thereof " October 1, 1980";
and (B) by striking out all that follows "not exceed" and
inserting in lieu therof "$20,000,000 for fiscal year 1977,
$25,000,000 for fiscal year 1978, and such sums as may be
necessary for fiscal years 1979 and 1980.".
(3) Section 11(c) of such Act
// 20 USC 960. //
is amended by iserting before the period a comma and the
following: "or any other program for which the Chairman of the
National Endowment for the Arts or the Chairman of the National
Endowment for the Humanities is responsible".
(b) The amendments made by subsection (a)
// 20 USC 960 note. //
shall be effective with respect to fiscal year 1977 and succeeding
fiscal years.
TITLE II-- MUSEUM SERVICES SHORT TITLE
Sec. 201. This title may be cited as the " Museum Services Act".--,
// 20 USC 961 note. //
PURPOSE
Sec. 202. It is the purpose of this title // 20 USC 691. // to
encourage and assist museums in their educational role, in conjunction
with formal systems of elementary, secondary, and post-secondary
education and with programs of nonformal education for all age groups;
to assist museums in modernizing their methods and facilities so that
they may be better able to conserve our cultural, historic, and
scientific heritage; and to ease the financial burden borne by museums
as a result of their increasing use by the public.
INSTITUTE OF MUSEUM SERVICES
Sec. 203. There is hereby established, within the Department of
Health, Education, and Welfare, an Institute of Museum Services. // 20
USC 962. // The Institute shall consist of a National Museum Services
Board and a Director of the Institute.
NATIONAL MUSEUM SERVICES
Sec. 204. (a)(1) The Board shall consist of fifteen members
appointed by the President, by and with the advice and consent of the
Senate. // 20 USC 963. // Such members shall be broadly representative
of various museums, including museums relating to science, history,
technology, art, zoos, and botancial gardens, of the curatorial,
educational, and cultural resources of the United States, and of the
general public.
(2)(A) In additin to members appointed by the President under
paragraph (1), the following persons shall serve as members of the
Board--,
(i) the Chairman of the National Endowment for the Arts;
(ii) the Chairman of the National Endowment for the Humanities;
(iii) the Secretary of the Smithsonian Institute;
(iv) the Director of the National Science Foundation; and
(v) the Commissioner of Education.
(B) The members of the Board listed in clause (i) through
clause (v) of subparagraph (A) shall be nonvoting members.
(b) The term of office of the appointed members of the Board shall be
five yeras, except that--,
(1) any such member appointed to fill a vacancy shall serve
only such portion of at term as shall not have expired at the time
of such appointment; and
(2) in the case of initial members, three shall serve for terms
of five years, three shall serve for terms of four years, three
shall serve for terms of three years, three shall serve for terms
of two years, and three shall serve for terms of one year, as
designated by the President at the time of nomination for
appointment.
Any appointed member who has been a member of the Board for more than
seven consecutive years shall thereafter be ineligible for reappointment
to the Board during the three-year period following the expiration of
the last such consecutive year.
(c) The Chairman of the Board shall be disignated by the President
from among the appointed members of the Board. Eight appointed members
of the Board shall constitute a quorum.
(d) The Board shall meet at the call of the Chairman, except that--,
(1) it shall meet not less than four times each year; and
(2) it shall meet whenever one-third of the appointed members
request a meeting in writing, in which event eight of the
appointed members shall constitute a quorum.
(e) Members of the Board who are not in the regular full-time employ
of the United States shall receive, while engaged in the business of the
Board, compensation for service at a rate to be fixed by the President,
except that such rate shall not exceed the rate specified at the time of
such service for grade GS-18 set forth in section 5332 of title 5,
United States Code, // 5 USC 5332 note. // including traveltime, and,
while so serving 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 section 5703 of title 5, United States
Code, for persons employed in Government service.
(f) The Board shall have the responsibility for the general policies
with respect to the powers, duties, and authorities vested in the
Institute under this title. The Director shall make available to the
Board such information and assistance as may be necessary to enable the
Board to carry out its functions.
(g) The Board shall, with the advice of the Director, take steps to
assure that the policies and purposes of the Institute are coordinated
with other activities of the Federal Government.
DIRECTOR OF THE INSTITUTE
Sec. 205. (a)(1) The Director of the Institute shall be appointed
by the President, by and with the advice and consent of the Senate, and
shall serve at the pleasure of the President. The Director shall be
compensated at the rate provided for level V of the Executive Schedule
(5 U.S.C. 531 ), and shall perform such duties and exercise such powers
as the Board may prescibe.
(2) The Director shall report to the Secretary of Health,
Education, and Welfare with respect to the activities of the
Institute. The Director shall not delegate any of his functions
to any other officer who is not directly responsible to the
Director.
(b) The Director shall advise the Board regrding policies of the
Institute to assure coordination of the Institute's activities with
other agencies and organizations of the Federal Government having
interest in and responsibilities for the improvement of museums. Such
Government agencies shall include the National Endowment for the Arts,
the National Endowment for the Humanities, the National Science
Foundation, appropriate units in the Department of Health, Education,
and Welfare, the Library of Congress, and the Smithsonian Institute and
related organizations.
ACTIVITIES OF THE INSTITUTE
Sec. 206. (a) The Director, subject to the policy direction of the
Board, is authorized to make grants to museums to increase and improve
museum services, through such activities as--,
(1) programs to enable museums to construct or install
displays, interpretations, and exhibitions in order to improve
their services to the public;
(2) assisting them in developing and maintaining
professionally-trained or otherwise experienced staff to meet
their needs;
(3) assisting them to meet their administrative costs in
preserving and maintaining their collection, exhibiting them to
the public, and providing educational programs to the public
through the use of their collections;
(4) assisting museums in cooperation with each other in the
development of traveling exhibitions, meeting transportation
costs, and identifying and locating collections available for
loan;
(5) assisting them in conservation of artifacts and art
objects; and
(6) developing and carrying out specialized programs for
specific segments of the public, such as programs for urban
neighborhoods, rural areas, Inidan reservations, and penal and
other State institutions.
(b) Grants under this section for any fiscal year may not exceed 50
per centum of the cost of the program for which the grant is made,
except that not more than 20 per centum of the funds available under
this section for any fiscal year may be available for grants in such
fiscal year without regard to such limitation.
CONTRIBUTIONS
Sec. 207. The Institute shall have authority to accept in the name
of the United States, grants, gifts, or bequests of money for immediate
disbursement in furtherance of the functions of the Institute. Such
grants, gifts, or bequests, after acceptance by the Institute, shall be
paid by the donor or his representative to the Treasurer of the United
States whose receipt shall be their acquittance. The Treasurer of the
United States shall enter in a special account to the credit of the
Institute for the purposes in each case specified.
FUNCTIONS OF FEDERAL COUNCIL ON THE ARTS AND THE HUMANITIES
Sec. 208. Section 9(c) of the National Foundation on the Arts and
the Humanities Act of 1965 // 20 USC 958. // is amended--,
(1) by redesignating paragraph (2) through paragraph (4) as
paragraph (3) through paragraph (5), respectively, and by
inserting immediately after paragraph (1) the following new
paragraph:
"(2) advise and consult with the National Museum Services Board
and with the Director of the Institute of Museum Services on major
problems arising in carrying out the purposes of such Institute;";
(2) in paragraph (3) therof, as so redesignated by paragraph
(1), by striking out "and" immediately after " Arts" and inserting
in lieu thereof a comma, and by inserting "and the Institute of
Museum Services," immediately after "humanities," and
(3) in paragraph (4) thereof, as so redesignated by paragraph
(1), by inserting "and the Institute of Museum Services"
immediately after " Foundation".
AUTHORIZATION OF APPROPRIATIONS
Sec. 209. (a) For the purpose of making grants under section 206
(a), // 20 USC 967. // there are authorized to be appropriated
$15,000,000 for fiscal year 1977, $25,000,000 for fiscal year 978, and
such sums as may be necessary for each of fiscal years 979 and 980.
(b) There are authorized to be appropriated such sums as may be
necessary to administer the provisions of this title.
(c) Sums appropriated pursuant to subsection (a) for any fiscal year
shall remain available for obligation and expenditure until expended.
(d) For the purpose of enabling the Institute to carry out its
functions under this title, during the period beginning on the date of
the enactment of this Act and ending October 1, 1980, there is
authorized to be appropriated an amount equal to the amount contributed
during such period to the Institute under section 207.
DEFINITIONS
Sec. 210. For the purpose of this title, // 20 USC 968. // the
term--,
(1) " Board" means the National Museum Services Board
established under section 203;
(2) " Director" means the Director of the Institute established
under section 203;
(3) " Institute" means the Institute of Museum Services
established under section 203; and
(4) "museum" means a public or private nonprofit agency or
institution organized on a permanent basis for essentially
educational or esthetic purposes, which, utilizing a professional
staff, owns or utilizes tangible objects, cares for them, and
exhibits them to the public on a regular basis.
TITLE III-- CHALLENGE GRANT PROGRAMS ESTABLISHMENT OF PROGRAMS
Sec. 301. (a) Section 5 of the National Foundation of the Arts and
the Humanities Act of 1965 // 20 USC 954. // is amended by adding at
the end thereof the following new subsection:
"(l)(1) The Chairman of the National Endowment for the Arts, with
the advice of the National Council on the Arts, is authorized, in
accordance with the provisions of this subsection, to establish
and carry out a program of contracts with, or grants-in-aid to,
public agencies and private nonprofit organizations for the
purpose of--,
"(A) enabling cultural orgainzations and institutions to increase the
levels of continuing support and to increase the range of contributors
to the programs of such organizations or institutions;
"(B) providing administrative and management improvements for cultural
organizations and institutions, particularly in the field of long-range
financial planning;
"(C) enabling cultural orgainzations and institutions to increase
audience participation in, and appreciation of, programs sponsored by
such organizations and institutions;
"(D) stimulating greater cooperation among cultural organizations and
institutions especially designed to serve better the communities in
which such organizations or institutions are located; and
"(E) fostering greater citizen involvement in planning the cultural
development of a community.
(2) The total amount of any payment made under this subsection
for a program or project may not exceed 50 per centum of the cost
of such program or project.
"(3) In carrying out the progaram authorized by this
subsection, the Chairman of the National Endowment for the Arts
shall have the same authority as is established in section 5(c)
and section 10.".
// 20 USC 954, 959. //
(b) Section 7 of the National Foundation on the Arts and the
Humanities Act of 1965, as amended by section 105, is further amended by
adding at the end thereof the following new subsection:
"(h)(1) The Chairman of the National Endowment for the
Humanities, with the advice of the National Council on the
Humanities, is authorized, in accordance with the provisions of
this subsection, to establish and carry out a program of contracts
with, or grants-in-aid to, public agencies and private nonprofit
organizations for the purpose of--,
"(A) enabling cultural organizations and institutions to increase the
levels of continuing support and to increase the range of contributors
to the program of such organizations or institutions;
"(B) providing administative and management improvements for cultural
organizations and institutions, particularly in the field of long-range
financial planning;
"(C) enabling cultural organizations and institutions to increase
audience participation in, and appreciation of, programs sponsored by
such organizations and institutions;
"(D) stimulating greater cooperation among cultural organizations and
institutions especially designed to serve better the communities in
which such organizations or institutions are located;
"(E) fostering greater citizen involvement in planning the cultural
development of a community; and
"(F) for bicentennial programs, assessing where our society and
Government stand in relation to the founding principles of the Republic,
primarily focused on projects which will bring together the public and
private citizen sectors in an effort to find new processes for solving
problems facing our Nation in its third century.
"(2)(A) Except as provided in subparagraph (B) of this
paragraph, the total amount of any payment made under this
subsection for a program or project may not exceed 50 per centum
of the cost of such program or project.
"(B) The Chairman, with the advice of the Council, may waive
all or part of the requirement of matching funds provided in
subparagraph (A) of this paragraph, but only for the purpose
described in clause (F) of paragraph (1), whenever he determines
that highly meritorious proposals for grants and contracts under
such clause, could not otherwise be supported from non-Federal
sources or from Federal sources other than funds authorized by
section 11(a) (3),
// 20 USC 960. //
unless such matching requirement is waived. Such waiver may not
exceed 15 per centum of the amount appropriated in any fiscal year
and available to the National Endowment on the Humanities for the
purpose of this subsection.
"(3) In carrying out the program authorized by this subsection,
the Chairman of the National Endowment for the Humanities shall
have the same authority as is established in section 7(c) and
section 10.".
// 20 USC 956, 959. //
AUTHORIZATION OF APPROPRIATIONS
Sec. 302. Section 11(a) of the National Foundation on the Arts and
the Humanities Act // 20 USC 960. // of 1965 is amended by adding at
the end thereof the following new paragraph:
"(3)(A) There is authorized to be appropriated for each fiscal
year ending before October 1, 1980, to the National Endowment for
the Arts an amount equal to the total amounts received by such
Endowment for the purposes set forth in section 5(l)(1) pursuant
to the authority of section 10(a)(2),
// 20 USC 959. //
except that the amount so appropriated to such Endowment shall not
exceed $12,000,000 for fiscal year 1977, and $18,000,000 for
fiscal year 1978. Such sums as may be necessary are authorized to
be appropriated for fiscal years 1979 and 1980.
"(B) There are authorized to be appropriated for each fiscal
year ending before October 1, 1980, to the National Endowment for
the Humanities an amount equal to the total amounts received by
such Endowment for the purposes set forth in section 7(h)(1)
pursuant to the authority of section 10(a)(2),
// 20 USC 959. //
except that the amount so appropriated to such Endowment shall not
exceed $12,000,000 for fiscal year 1977, and $18,000,000 for
fiscal year 1978. Such sums as may be necessary are authorized to
be appropriated for fiscal years 1979 and 1980.
"(C) If either Chairman determines at the end of the ninth
month of any fiscal year that funds which would otherwise be
available under this paragraph to an Endowment cannot be used, he
shall transfer such funds to the other Endowment for the purposes
described in section 5(l)(1) or section 7(h)(1), as may be
necessary.
"(D) Sums appropriated pursuant to subparagraph (A) and
subparagraph (B) for any fiscal year shall remain available for
obligation and expenditure until expended.".
TITLE IV-- AMERICAN BICENTENNIAL PHOTOGRAPHY AND FILM PROJECT
AMERICAN BICENTENNIAL PHOTOGRAPHY AND FILM PROJECT
Sec. 401. (a) Section 5 of the National Foundation on the Arts and
the Humanities Act of 1965, as amended by section 301(a), is further
amended by adding at the end thereof the following new subsection:
"(m)(1) From funds appropriated to the Endowment and
apportioned to each State pursuant to section 11(a)(4),
// 20 USC 960. //
the Endowment is authorized to provide, by grant or contract,
financial assistance to the State arts agency of each State,
pursuant to such regulations and guidelines as the Endowment shall
establish, to permit such State agency to support one or more
photography or film projects meeting the purposes of this
subsection. Such assistance shall also be available for acquiring
essential supplies, and for administrative or supervisory
personnel, and for processing and cataloging, and for the display
(and related activities) of the photographs and films produced
with assistance under this subsection.
"(2)(A) No financial assistance may be made under this
subsection unless an application is made at such time, in such
manner, and containing or accompanied by such information, as the
Endowment determines is reasonably necessary.
"(B) In providing financial assistance under this subsection,
each State shall give consideration to proposals which involve
promising and qualified photographers or film makers who are
unemployed or underemployed.
"(3) From funds allotted to the Endowment pursuant to section
11(a)(4), the Endowment shall pay the costs of administration,
provide for collection and dissemination of a representative
collection of photographs and films produced pursuant to this
subsection, and provide direct assistance to applicants for
photography or film projects of special merit which meet the
purposes of this subsection. The Endowment shall assure that
representative photographs and films (including, where
appropriate, negatives) produced with assistance furnished under
this subsection are made available for the permanent collection of
the Library of Congress.".
(b) Section 11(a) of the National Foundation on the Arts and the
Humanities Act of 1965, as amended by section 302, is further amended by
adding at the end thereof the following new paragraph:
"(4)(A) For the purposes of carrying out section 5(m), there
are authorized to be appropriated to the National Endowment for
the Arts $4,000,000 for fiscal year 1977 and $2,000,000 for fiscal
year 1978. Sums appropriated pursuant to this subparagraph shall
remain available until expended.
"(B) Not more than 75 per centum of the amounts appropriated
pursuant to subparagraph (A) shall be allocated among the States
in equal amounts for fiscal year 1977, and not more than 50 per
centum of the amounts appropriated pursuant to subparagraph (A)
shall be allocated among the States in equal amounts for fiscal
year 1978.".
TITLE V--ARTS EDUCATION
AMENDMENT TO THE EDUCATION AMENDMENTS OF 1974
Sec. 501. Section 409 of the Education Amendments of 1974 // 20 USC
1867. // is amended by inserting "(a)" after the section designation
and by adding at the end thereof the following new subsection:
"(b) Notwithstanding the provisions of section 402(b)(3)(G) and
section 402(b)(4) of this Act,
// 20 USC 1861. //
and in addition to sums reserved under that section and made
available under subsection (a) of this section, there are
authorized to be appropriated $2,000,000 for fiscal year 1978 to
carry out the purposes of this section.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1024 (Comm. on Education and Labor) and No.
94 - 1631 (Comm. of Conference).
SENATE REPORTS: No. 94 - 881; No. 94 - 880 accompanying S. 3440
(both from Comm. on Labor and Public Welfare) and No. 94 - 1260 (Comm.
of Conference).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Apr. 26, considered and passed House.
May 20, considered and passed Senate, amended, in lieu of S.
3440.
Sept. 22, Senate agreed to conference report.
Sept. 27, House agreed to conference report.
WEEKLY COMPLIATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42:
Oct. 10, Presidential statement.
PUBLIC LAW 94-461, 90 Stat, 1961, sea grant IMPROVEMENT ACT OF 1976,
94th Congress, H.R. 13035
October 8, 1976
An Act
To improve the national sea grant 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 " Sea Grant Program Improvement Act of 1976".
SEC. 2. AMENDMENT TO THE NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT
OF 1966. // 33 USC 1121 note. //
Title II of the Marine Resources and Engineering Development Act of
1966 (33 U.S.C. 1101 et seq.) is amended to read as follows:
TITLE II-- NATIONAL SEA GRANT PROGRAM
" SEC. 201. SHORT TITLE.
" This title may be cited as the ' National Sea Grant Program Act'.
// 33 USC 1121 note. //
" SEC. 202. DECLARATION OF POLICY.
"(a) Findings.--The Congress finds and declares the following:
"(1) The vitality of the Nation and the quality of life of its
citizens depend increasingly on the understanding, assessment,
development, utilization, and conservation of ocean and coastal
resources. These resources supply food, energy, and minerals and
contribute to human health, the quality of the environment, national
security, and the enhancement of commerce.
"(2) The understanding, assessment, development, utilization, and
conservation of such resources require a broad commitment and an intense
involvement on the part of the Federal Government in continuing
partnership with State and local governments, private industry,
universities, organizations, and individuals concerned with or affected
by ocean and coastal resources.
"(3) The National Oceanic and Atmospheric Administration, through the
national sea grant program, offers the most suitable locus and means for
such commitment and involvement through the promotion of activities that
will result in greater such understanding, assessment, development,
utilization, and conservation. Continued and increased Federal support
of the establishment, development, and operation of programs and
projects by sea grant colleges, sea grant regional consortia,
institutions of higher education, institutes, laboratories, and other
appropriate public and private entities is the most cost-effective way
to promote such activities.
"(b) Objective.--The objective of this title is to increase the
understanding, assessment, development, utilization, and conservation of
the Nation's ocean and coastal resources by providing assistance to
promote a stron educational base, responsive research and training
activities, and broad and prompt dissemination of knowledge and
techniques.
"(c) Purpose.--It is the purpose of the Congress to achieve the
objective of this title by extending and strengthening the national sea
grant program, initially established in 1966, to promote research,
education, training, and advisory service activities in fields related
to ocean and coastal resources.
" SEC. 203. DEFINITIONS.
" As used in this title--,
"(1) The term ' Administration' means the National Oceanic and
Atmospheric Administration.
"(2) the term ' Administrator' means the Administrator of the
National Oceanic and Atmospheric Administration.
"(3) The term 'director' means the Director of the national sea grant
program, appointed pursuant to section 204(b).
"(4) the term 'field related to ocean and coastal resources' means
any discipline or field (including marine science (and the physical,
natural, and biological sciences, and engineering, included therein),
marine technology, education, economics, sociology, communications,
planning, law, international affairs, and public administration) which
is concerned with or likely to improve the understanding, assessment,
development, utilization, or conservation of ocean and coastal
resources.
"(5) the term 'includes' and variants thereof should be read as if
the phrase 'but is not limited to' were also set forth.
"(6) the term 'marine environment' means the coastal zone, as defined
in section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1453(1)); the seabed, subsoil, and waters of the which the United
States asserts exclusive fishery management authority; the waters of
the high sea; and the seabed and subsoil of and beyond the outer
Continental Shelf.
"(7) The term 'ocean and coastal resource' means any resource
(whether living, nonliving, manmade, tangible, intangible, actual, or
potential) which is located in, derived, from, or traceable to, the
marine environment. Such term includes the habitat of any such living
resource, the coastal space, the ecosystems, the nutrientrich areas, and
the other complnents of the marine environment which contribute to or
provide (or which are capable of contributing to or providing)
recreational, scenic, esthetic, biological, habitational, commercial,
economic, or conservation values. Living resources include natural and
cultured plant life, fish, shellfish, marine mammals, and wildlife.
Nonliving resources include energy sources, minerals, and chemical
substances.
"(8) The term 'panel' neams the sea grant review panel established
under section 209.
"(9) The term 'person' means any individual; any public or private
corporation, partnership, or other association or entity (including any
sea grant college, sea grant regional consortium, institution of higher
education, institute, or laboratory); or any State, political
subdivision of a State, or agency or officer thereof.
"(10) The term 'sea grant college' means any public or private
institution of higher education which is designated as such by the
Secretary under section 207.
"(11) The term 'sea grant program' means any prograqm which--,
"(A) is administered by any sea grant college, sea grant
regional consortium, institution of higher education, institute,
laboratory, or State or local agency; and
"(B) includes two or more projects involving one or more of the
following activities in fields related to ocean and coastal
resources:
"(i) research,
"(ii) education,
"(iii) training, or
"(iv) advisory services.
"(12) the term 'sea grant regional consortium' means any association
or other alliance which is desgnated as such by the Secretary under
section 207.
"(13) the term ' Secretary ' means the Secretary of Commerce.
"(14) the term ' State' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands,
or any other territory or possession of the United States.
" SEC. 204. NATIONAL SEA GRANT PROGRAM. // 33 USC 1123. //
"(a) In General.--The Secretary shall maintain, within the
Administration, a program to be known as the national sea grant program.
The national sea grant program shall consist of the financial
assistance and other activities provided for in this title. The
Secretary shall establish long-range planning guidelines and priorities
for, and adequately evaluate, this program.
"(b) Director.--(1) The Secretary shall appoint a Director of the
national sea grant program who shall be a qualified individual who
has--,
"(A) knowledge or expertise in fields related to ocean and
coastal resources; and
"(B) appropriate administrative experience.
"(2) The Director shall be appointed and compensated, without regard
to the provisions of title 5, United States Code, // 5 USC 3301 et seq.
// governing appointments in the competitive service, 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) Duties.--The Director shall administer the national sea grant
program subject to the supervision of the Secretary and the
Administrator. In addition to any other duty prescribed by law or
assigned by the Secretary, the Director shall--,
"(1) apply the long-range planning guidelines and the
priorities established by the Secretary under subsection (a);
"(2) advise the Administrator with respect to the expertise and
capabilities which are available within or through the national
sea grant program, and provide (as directed by the Administrator)
those which are or could be of use to other offices and activities
within the Administration;
"(3) evaluate activities conducted under grants and contracts
awarded pursuant to section 205 and 206 to assure that the
objective set forth in section 202(b) is implemented;
"(4) encourage other Federal departments, agencies, and
instrumentalities to use and take advantage of the expertise and
capabilities which are available through the national sea grant
program, on a cooperative or other basis;
"(5) advise the Secretary on the designation of sea grant
colleges and sea grant regional consortia and, in appropriate
cases, if any, on the termination or suspension of any such
designation; and
"(6) encourage the formation and growth of sea grant programs.
"(d) Powers.--To carry out the provisions of this title, the
Secretary may--,
"(1) appoint, assign the duties, transfer, and fix the
compensation of such personnel as may be necessary, in accordance
with the civil service laws; except that five positions may be
established without regard to the provisions of title 5, United
States Code,
// 5 USC 3301 et seq. //
governing appointments in the competitive service, but the pay
rates for such positons may not exceed the maximum rate for GS-18
of the General Schedule under section 5332
// 5 USC 5332 note. //
of such title;
"(2) make appointments with respect to temporary and
intermittent services to the same extent as is authorized by
section 3109 of title 5, United States Code;
"(3) publish or arrange for the publication of, and otherwise
dissenimate, in cooperation with other services, offices, and
programs in the Administration, and information of research,
educational, training, and other value in fields related to ocean
and coastal resources and with respect to ocean and coastal
resources, without regard to section 501 of title 44, United
States Code;
"(4) enter into contracts, cooperative agreements, and other
transactions without regard to section 3709 of the Revised
Statutes of the United States (41 U.S.C. 5);
"(5) accept donations and voluntary and uncompensated services,
notwithstanding section 3679 of the Revised Statutes of the Unites
States (31 U.S.C. 665(b)); and
"(6) issue such rules and regulations as may be necessary and
appropriate.
" SEC. 205. CONTRACTS AND GRANTS. // 33 USC 1124. //
"(a) In General.--The Secretary may make grants and enter into
contracts under this subsection to assist any sea grant program or
project if the Secretary finds that such program or project will--,
"(1) implement the objective set forth in section 202(b);
and
"(2) be responsive to the needs or problems of individual
States or regions.
The total amount paid pursuant to any such grant or contract may equal
66 2/3 percent, or any lesser percent, of the total cost of the sea
grant program or project involved.
"(b) Special Grants.--The Secretary may make special grants under
this subsection to implement the bojective set forth in section 202(b).
The amount of any such grant may equal 100 percent, or any lesser
percent, of the total cost of the project involved. No grant may be
made under this subsection unless the Secretary finds that--,
"(1) no reasonable means is available through which the
applicant can meet the matching requirement for a grant under
subsection (a);
"(2) the probable benefit of such project outweighs the public
interest in such matching requirement; and
"(3) the same or equivalent benefit cannot be obtained through
the award of a contract or grant under subsection (a) or section
206.
The total amount which may be provided for grants under this subsection
during any fiscal year shall not exceed an amount equal to 1 percent of
the total funds appropriated for such year pursuant to section 212.
"(c) Eligibility and Procedure.--Any person may apply to the
Secretary for a grant or contract under this section. Application shall
be made in such form and manner, and with such content and other
submissions, as the Secretary shall by regulation prescribe. The
Secretary shall act upon each such application within 6 months after the
date on which all required information is received.
"(d) Terms and Conditions.--(1) Any grant made, or contract entered
into, under this section shall be subject to the limitations and
provisions set forth in paragraphs (2), (3), and (4) and to such other
terms, conditions, and requirements as the Secretary deems necessary or
appropriate.
"(2) No payment under any grant or contract under this section
may be applied to--,
"(A) the purchase or rental of any land; or
"(B) the purchase, rental, construction, preservation, or repair of any
building, dock, or vessel;
except that payment under any such grant or contract may, if
approved by the Secretary, be applied to the purchase, rental,
construction, preservation, or repair of non-self-propelled
habitats, buoys, platforms, and other similar devices or
structures, or to the rental of any research vessel which is used
in direct support of activities under any sea grant program or
project.
"(3) The total amount which may be obligated for payment
pursuant to grants made to, and contracts entered into with,
persons under this section within any one State in any fiscal year
shall not exceed an amount equal to 15 percent of the total funds
appropriated for such year pursuant to section 212.
"(4) Any person who receives or utilizes any proceeds of any
grant or contract under this section shall keep such records as
the Secretary shall by regulation prescribe as being necessary and
appropriate to facilitate effective audit and evaluation,
including records which fully disclose the amount and disposition
by such recipient of such proceeds, the total cost of the program
or project in connection with which such proceeds were used, and
the amount if any, of such cost which was provided through other
sources. Such records shall be maintained for 3 years after the
completion of such a program or project. The Secretary and the
Comptroller General of the United States, or any of their duly
authorized representatives, shall have access, for the purpose of
audit and evaluation, to any books, documents, papers, and records
of receipts which, in the opinion of the Secretary or of the
Comptroller General, may be related or pertinent to such grants
and contracts.
" SEC. 206. NATIONAL PROJECTS. // 33 USC 1125. //
"(a) In General.--The Secretary shall identify specific national
needs and problems with respect to ocean and coastal resources. The
Secretary may make grants or enter into contracts under this section
with respect to such needs or problems. The amount of any such grant or
contract may equal 100 percent, or any lesser percent, of the total cost
of the project involved.
"(b) Eligibility and Procedure.--Any person may apply to the
Secretary for a grant or contract under this section. In addition, the
Secretary may invite applications with respect to specific national
needs or problems identified under subsection (a). Application shall be
made in such form and manner, and with such content and other
submissions, as the Secretary shall by regulation prescribe. The
Secretary shall act upon each such application within 6 months after the
date on which all required information is received. Any grant made, or
contract entered into, under this section shall be subject to the
limitations and provisions set forth in section 205(d) (2) and (4) and
to such other terms, conditions, and requirements as the Secretary deems
necessary or appropriate.
"(c) Authorization for Appropriations.--There is authorized to be
appropriated for purposes of carrying out this section not to exceed
$5,000,000 for the fiscal year ending September 30, 1977. Such sums as
may be appropriated pursuant to this subsection shall remain available
until expended. The amounts obligated to be expended for the purposes
set forth in subsection (a) shall not, in any fiscal year, exceed an
amount equal to 10 percent of the sums appropriated for such year
pursuant to section 212.
" SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA. //
33 USC 1126. //
"(a) Designation.--(1) The Secretary may designate--,
"(A) any institution of higher education as a sea grant
college; and
"(B) any association or other alliance of two or more persons
(other than individuals) as a sea grant regional consortium.
"(2) No institution of higher education may be designated as a sea
grant college unless the Secretary finds that such institution--,
"(A) is maintaining a balanced program of research, education,
training, and advisory services in fields related to ocean and
coastal resources and has received financial assistance under
section 205 of this title or under section 204(c) of the National
Sea Grant College and Program Act of 1966;
// 33 USC 1124, 1123. //
"(B) will act in accordance with such guidelines as are
prescribed under subsection (b)(2); and
"(C) meets such other qualifications as the Secretary deems
necessary or appropriate.
The designation of any institution as a sea grant college under the
authority of such Act of 1966 // 33 SUC 1121 note. // shall, if such
designation is in effect on the day before the date of the enactment of
the Sea Grant Program Improvement Act of 1976, be considered to be a
designation made under paragraph (1) so long as such institution
complies with subparagraphs (B) and (C).
"(3) No association or other alliance of two or more persons may be
designated as a sea grant regional consortium unless the Secretary finds
that such association or alliance--,
"(A) is established for the purpose of sharing expertise,
research, educational facilities, or training facilities, and
other capabilities in order fto facilitate research, education,
training, and advisory services, in any field related to ocean and
coastal resources;
"(B) will encourage and follow a regional approach to solving
problems or meeting needs relating to ocean and coastal resources,
in cooperation with appropriate sea grant colleges, sea grant
programs, and other persons in the region;
"(C) will act in accordance with such guidelines as are
prescribed under subsection (b)(2); and
"(D) meets such other qualifications as the Secretary deems
necessary or appropriate.
"(b) Regulations.--The Secretary shall by regulation prescribe--,
"(1) the qualifications required to be met under paragraphs
(2)(C) and (3)(D) of subsection (a); and
"(2) guidelines relating to the activities and responsibilities
of sea grant colleges and sea grant regional consortia.
"(c) Suspension or Termination of Designation.--The Secretary may,
for cause and after an opportunity for hearing, suspend or terminate any
designation under subsection (a).
" SEC. 208. SEA GRANT FELLOWSHIPS. // 33 USC 1127. //
"(a) In General.--The Secretary shall support a sea grant fellowship
program to provide educational and training assistance to qualified
individuals at the undergraduate and graduate levels of education in
fields related to ocean and coastal resources. Such fellowships shall
be awarded pursuant to guidelines established by the Secretary. Sea
grant fellowships may only be awarded by sea grant colleges, sea grant
regional consortia, institutions of higher education, and professional
associations and institutes.
"(b) Limitation on Total Fellowship Grants.--The total amount which
may be provided for grants under the sea grant fellowship program during
any fiscal year shall not exceed an amount equal to 5 percent of the
total funds appropriated for such year pursuant to section 212.
" SEC. 209. SEA GRANT REVIEW PANEL. // 33 USC 1128. //
"(a) Establishment.--There shall be established an independent
committee to be known as the sea grant review panel. The panel shall,
on the 60th day after the date of the enactment of the Sea Grant Program
Improvement Act of 1976, supersede the sea grant advisory panel in
existence before such date of enactment.
"(b) Duties.--The panel shall take such steps as may be necessary to
review, and shall advise the Secretary, the Administrator, and the
Director with respect to--,
"(1) applications or proposals for, and performance under,
grants and contracts awarded under section 205 and 206;
"(2) the sea grant fellowship program;
"(3) the designation and operation of sea grant colleges and
sea grant regional consortia, and the operation of sea grant
programs;
"(4) the formulation and application of the planning guidelines
and priorities under section 204 (a) and (c)(1); and
"(5) such other matters as the Secretary refers to the panel
for review and advice.
The Secretary shall make available to the panel such information,
personnel, and administrative services and assistance as it may
reasonbly require to carry out its duties.
"(c) Membership, Terms, and Powers.--(1) The panel shall consist of
15 voting members who shall be appointed by the Secretary. The Director
shall serve as a nonvoting member of the panel. Not less than five of
the voting members of the panel shall be individuals who, by reason of
knowledge, experience, or training, are especially qualified in one or
more of the disciplines and fields included in marine science. The
other voting members shall be individuals who, by reason of knowledge,
experience, or training, are especially qualified in, or representative
of, education, extension services, State government, industry,
economics, planning, or any other activity which is appropriate to, and
important for, any effort to enhance the understanding, assessment,
development, utilization, or conservation of ocean and coastal
resources. No individual is eligible to be a voting member of the panel
if the individual is (A) the director of a sea grant college, sea grant
regional consortium, or sea grant program; (B) an applicant for, or
beneficiary (as determined by the Secretary) of, any grant or contract
under section 205 or 206; or (C) a full-time officer or employee of the
United States.
"(2) The term of office of a voting member of the panel shall
be 3 years, except that of the original appointees, five shall be
appointed for a term of 1 year, five shall be appointed for a term
of 2 years, and five shall be appointed for a term of 3 years.
"(3) Any individual appointed to fill a vacancy occurring
before the expiration of the term for which his or her predecessor
was appointed shall be appointed only for the remainder of such
term. No individual may be appointed as a voting member after
serving one full term as such a member. A voting member may serve
after the date of the expiration of the term of office for which
appointed until his or her sucessor has taken office, or until 90
days after such date, whichever is earlier.
"(4) The panel shall select one voting member to serve as the
Chairman and another voting member to serve as the Vice Chairman.
The Vice Chairman shall act as Chairman in the absence or
incapacity of the Chairman.
"(5) Voting members of the panel shall--,
"(A) receive compensation at the daily rate for GS-18 of the General
Schedule under section 5332 of title 5, United States Code, when
actually engaged in the performance of duties for such panel; and
"(B) be reimbursed for actual and reasonable expenses incurred in the
performance of such duties.
"(6) The panel shall meet a on a biannual basis and, at any other time,
at the call of the Chairman or upon the request of a majority of the
voting members or of the Director.
"(7) The panel may exercise such powers as are reasonably necessary in
order to carry out its duties under subsection (b).
" SEC. 210. INTERAGENCY COOPERATION.
" Each department, agency, or other instrumentality of the Federal
Government which is engaged in or concerned with, or which has authority
over, matters relating to ocean and coastal resources--,
"(1) may, upon a writter request from the Secretary, make
available, on a reimbursable basis or otherwise any personnel
(with their consent and without prejudice to their position and
rating), service, or facility which the Secretary deems necessary
to carry out any provision of this title;
"(2) shall, upon a written request from the Secretary, furnish
any available data or other information which the Secretary deems
necessary to carry out any provisions of this title; and
"(3) shall cooperate with the Administration and duly
authorized officials thereof.
" SEC. 211. ANNUAL REPORT AND EVALUATION.
"(a) Annual Report.--The Secretary shall submit to the Congress and
the President, not later than February 15 of each year, a report on the
activities of, and the outlook for, the national sea grant program.
"(b) Evaluation.--The Director of the Office of Management and Budget
and the Director of the Office of Science and Technology Policy, in the
Executive Office of the President, shall have the opportunity to review
each report prepared pursuant to subsection (a). Such Directors may
submit, for inclusion in such report, comments and recommendations and
an independent evaluation of the national sea grant program. Such
material shall be transmitted to the Secretary not later than February 1
of each year, and the Secretary shall cause it to be published as a
separate section in the annual report submitted pursuant to subsection
(a).
" SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.
" There is authorized to be appropriated for purposes of carrying out
the provisions of this title (other than section 206) not to exceed
$50,000,000 for the fiscal year ending September 308 1977. Such sums as
may be approrpriated under this section shall remain available until
expended.".
SEC. 3. INTERNATIONAL COOPERATION ASSISTANCE. // 33 USC 1124a. //
(a) In General.--The Secretary of Commerce (hereafter in this section
referred to as the " Secretary") may enter into contracts and make
grants under this section to--,
(1) enhance the research and development capability of
developing foreign nations with respect to ocean and coastal
resources, as such term is defined in section 203 of the National
Sea Grant Program Act; and
(2) promote the international exchange of information and data
with respect to the assessment, development, utilization, and
conservation of such resources.
(b) Eligibility and Procedure.--Any sea grant college and sea grant
regional consortium (as defined in section 203 of the National Sea Grant
Program Act) and any institution of higher eduction, laboratory, or
institute (if such institution, laboratory, or institute is located
within any State (as defined in section 203) may apply for an receive
financial assistance under this section. Each grant or contract under
this section shall be made pursuant to such requirements as the
Secretary shall, after consultation lwith the Secretary of State, by
regulation prescribe. Application shall be made in such form, and with
such content and other submissions, as may be so required. Before
approving any application for a grant or contract under this section,
the Secretary shall consult with the Secretary of State. Any grant
made, or contract entered into, under this section shall be subject to
the limitations and provisions set forth in section 205(d) (2) ( ns (4)
of the National Sea Grant Program Act and to such other terms,
condtions, and requirements as the Secretary deems necessary or
appropriate.
(c) Authorization for Appropriations.--There is authorized to be
appropriated for purposes of carrying out this section not to exceed
$3,000,000 for the fiscal year ending September 30, 1977. Such sums as
may be appropriated under this section shall remain available until
expended.
SEC. 4. CONFORMING AND MISCELLANEOUS PROVISIONS.
(a) Section 5314 of title 5, United States Code, is amended by adding
at the end thereof the following new paragraph:
"(65) Administrator, National Oceanic and Atmospheric
Administration.".
(b) Section 5315 of tile 5, United States Code, is amended by
adding at the end thereof the following new paragraphs:
"(109) Deputy Administrator, National Oceanic and Atmospheric
Administration.
"(110) Associate Administrator, National Oceanic and
Atmospheric Administration.".
(c)(1) Section 2(d) of Reorganization Plan Numbered 4 of 1970 (84
Stat. 2090) is amended by striking out " Level V" and "5 U.S.C. 5316)"
and inserting in lieu thereof " Level IV" and "(5 U.S.C. 5315)",
respectively.
(2) The individual serving as the Associate Administrator of the
National Oceanic and Atmospheric Administration (pursuant to section 2(
d) of Reorganization Plan Numbered 4 of 1970) on the date of the
enactment of this Act shall continue as the Associate Administrator,
notwithstanding the provisions of paragraph (1).
LEGISLATIVE HISTORY:
HOUSE reports No. 94 - 1048 (Comm. on Merchant Marine and Fisheries)
and No. 94 - 1556 (Comm. of Conference).
SENATE REPORTS No. 94 - 848 accompanying S. 3165 (Committees on Labor
and Public Welfare and Commerce).
CONGRESSIONAL RECORD, Vol. 122 (1976):
May 3, considered and passed House.
June 14, considered and passed Senate, amended, in lieu of S.
3165.
Sept. 17, Senate agreed to conference report.
Sept. 23, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42:
PUBLIC LAW 94-460, 90 Stat, 1945, Health Maintenance Organization
Amendments Of 1976.
94th Congress, H.R. 9019
October 8, 1976
An Act
To amend title XIII of the Public Health Service Act to revise and
extend the program for the establishment and expansion of health
maintenance organizations.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SHORT TITLE; REFERENCE TO ACT
Section 1. (a) This Act may be cited as the " Health Maintenance
Organization Amendments of 1976". // 42 USC 201 note. //
(b) Whenever in title I an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision
of the Public Health Service Act. // 42 USC 201 note. //
TITLE I-- AMENDMENTS TO TITLE XIII OF THE PUBLIC HEALTH SERVICE ACT
SUPPLEMENTAL HEALTH SERVICES
Sec. 101. (a) Section 1301(b)(1) // 42 USC 300e. // is amended by
adding at the end the following: " A health maintenance organization
may include a health service, defined as a supplemental health service
by section 1302(2), in the basic health services provided its members
for a basic health services payment described in the first sentence.".
(b) The first sentence of section 1301(b)(2) is amended by striking
out "the organization shall provide" and all that follows in that
sentence and substituting "the organization may provide to each of its
members any of the health services which are included in supplemental
health services (as defined in section 1302(2)).". // 42 USC 300e - 1.
//
(c) Section 1301(b)(4) is amended by striking out "and supplemental
health services in the case of the members who have contracted therefor"
and substituting "and only such supplemental health services as members
have contracted for".
STAFFING
Sec. 102. (a)()1 The first sentence of section 1301(b)(3) // 42 USC
300e. // is amended (A) by striking out "or through" and by
substituting ", through", (B) by striking out "(or groups) of" and
substituting "(or groups), through an", and (C) by inserting after "(or
associations)" the follwing: ", through health professionals who have
contracted with the health maintenance organization for the provision of
such services, or through any combination of such staff, medical group
(or groups), individual practice association (or associations), or
health professionals under contract with the organization".
(2) Section 1301(b)(3) is amended by adding after the first sentence
the following: " A health maintenance organization may also, durng the
thirty-six month period beginning with the month following the month in
which the organization becomes a qualified health maintenance
organization (within the meaning of section 1310(d)), // 42 USC 300e /
9. // provide basic and supplemental health services through an entity
which but for the requirement of section 1302(4)(C)(i) // 42 USC 300e -
1. // would be a medical group for purposes of this title. After the
expiration of such period, the organization may provide basic or
supplemental health services through such an entity only if authorized
by the Secretary in accordance with regulations which take into
consideration the unusual circumstances of such entity. A health
maintenance organization may not, in any of its fiscal years, enter into
contracts with health professionals or entities other than medical
groups or individual practice associations if the amounts paid under
such contracts for basic and supplemental health services exceed fifteen
percent of the total amount to be paid in such fiscal year by the
healthe maintenance organization to physicians for the provision of
basic and supplemental health services, or, if the health maintenance
organization principally serves a rural area, thirty percent of such
amount, except that this sentence does not apply to the entering into of
contracts for the purchase of basic and supplemental health services
through an entity which but for the requirements of section 1302(4)(C)(
i) would be a medical group for purposes of this title. Contracts
between a health maintenance organization and health professionals for
the provision of basic and supplemental health services shall include
such provisions as the Secretary may require (including provisions
requiring appropriate continuing education).".
(b)(1) Section 1302(4) // 42 USC 300e - 1. // (C) is amended (A) by
striking out clause (iv), (B) by redesignation clause (v) as clause
(iv), and (C) by inserting "and" at the end of clause (iii).
(2) Section 1302(5)(B) is amended (A) by striking out clause (i), and
(B) by redesignation clauses (ii) and (iii) as clauses (i) and (ii),
respectively.
OPEN ENROLLMENT
Sec. 103. (a) Section 1301(c) // 42 USC 300e. // is amended by
amending paragraph (4) to read as follows:
"(4) have an open enrollment period in accordance with the
provisions of subsection (d);".
(b) Section 1301 is amended by adding at the end thereof the
following:
"(d)(1)(A) A health maintenance organization which--,
"(i) has for at least 5 years provided comprehensive health services on
a prepaid basis, or
"(ii) has an enrollment of at least 50,000 members,
shall have at least once during each fiscal year next following a
fiscal year in which it did not have a financial deficit an open
enrollment period (determined under subparagraph (B)) during which
it shall accept individuals for membership in the order in which
they apply for enrollment and, except as provided in paragraph
(2), without regard to preexisting illness, medical condition, or
degree of disability.
"(B) An open enrollment period for a health maintenance
organization shall be the lesser of--,
"(i) 30 days, or
"(ii) the number of days in which the organization enrolls a number of
individuals at least equal 3 percent of its total net increase in
enrollment (if any) in the fiscal year preceding the fiscal year in
which such period is held.
For the purpose of determining the total net increase in
enrollment in a health maintenance organization, there shall not
be included any individual who is enrolled in the organization
through a group which had a contract for health care services with
the health maintenance organization at the time that such health
maintenance organization was determined to be a qualified health
maintenance organization under section 1301.
// 42 USC 300e - 9. //
"(2) Notwithstanding the requirement of paragraph (1) a health
maintenance organization shall not be required to enroll individuals who
are confined to an institution because of chronic illness, permanent
injury, or other infirmity which would cause economic impairment to the
health maintenance organization if such individual were enrolled.
"(3) A health maintenance organization may not be required to make the
effective date fo benefits for individuals enrolled under this
subsection less than 90 days after the date of enrollment.
"(4) The Secretary may waive the requirements of this subsection for a
health maintenance organization which demonstrates that compliance with
the provisions of this subsection would jeopardize its economic
viability in its service area.".
DEFINITION OF SERVICES
Sec. 104. (a)(1) Paragraph (1)(H) of section 1302 // 42 USC 300-1.
// is amended to read as follows:
"(H) preventive health services (including (i) immunizations,
(ii) well-child care from birth, (iii) periodic health evaluations
for adults, (iv) voluntary family planning services, (v)
infertility services, and (vi) children's eye and ear examinations
conducted to determine the need for vision and hearing
correction).".
(2) Paragraph (1) of section 1302 is amended by striking out "or
podiatrist" each place it occurs and substituting "podiatrist, or other
health care personnel".
(b) Paragraph (2) of such section is amended--,
(1) by striking out "under paragraph (1)(A) or (1)(H)" in subparagraphs
(B) and (C);
(2) by striking out "and" at the end of subparagraph (E), by striking
out the period at the end of subparagraph (F) and substituting "; and",
and by adding after
subparagraph (F) the
following:
"(G) other health services which are not included as basic health
services and which have been approved by the Secretary for delivery as
supplemental health services.";
(3) by striking out "or podiatrist" each place it occurs and
substituting "podiatrist, or other health care personnel".
COMMUNITY RATING
Sec. 105. (a)(1) Section 1301(b)(1) // 42 USC 300e. // is amended
by adding at the end thereof the following new sentence: " In the case
of an entity which before it became a qualified health maintenance
organization (within the meaning of section 1310(d)) provided
comprehensive health services on a prepaid basis, the requirement of
clause (C) shall not apply to such entity until the expiration of the
forty-eight month period beginning with the month following the month in
which the entity became such a qualified health organization.".
(2) The last sentence of section 1301(b)(2) // 42 USC 300e. // is
amended by inserting before the period the following: "except that, in
the case of an entity which before it became a qualified health
maintenance organization (within the meaning of section 1310(d)) // 42
USC 300e-9. // provided comprehensive health services on a prepaid
basis, the requirement of this sentence shall not apply to such entity
during the forty-eight month period beginning with the month following
the month in which the entity became such a qualified health maintenance
organization".
(3) Section 1306(b) // 42 USC 300e-5. // is amended (A) by striking
out "and" at the end of paragraph (6), (B) by redesignating paragraph
(7) as paragraph (8), and (C) by inserting after paragraph (6) the
following new paragraph:
"(7) the application contains such assurances as the Secretary
may require respecting the intent and the ability of the applicant
to meet the requirement of paragraphs (1) and (2) of section
1301(b) respecting the fixing of basic health services payments
and supplemental health services payments under a community rating
system; and"
(b) Section 1302(8)(A) // 42 USC 300e-1. // is amended by inserting
"differences in marketing costs and" after "reflect".
(c) Subparagraph (B) of section 1302(8) is redesignated as
subparagraph (C) and the following new subparagraph is inserted after
subparagraph (A):
"(B) Nominal differentials in such rates may be established to
reflect the compositing of the rates of payment in a systematic
manner to accommodate group purchasing practices of the various
employers.".
MEDICAL GROUP REQUIREMENTS
Sec. 106. (a) Section 1302(4)(C) // 42 USC 300e-1. // is amended by
striking out "(i) as their principal professional activity and as a
group responsibility engage in the coordinated practice of their
profession for a health maintenance organization" and substituting "(i)
as their principal professional activity engage in the coordinated
practice of their profession as as a group resposibility have
substantial responsibility for the delivery of health services to
members of a health maintenance organization".
(b) Section 1302(4)(C)(ii) is amended by striking out "plan" and
substituting "similar plan unrelated to the provision of specific health
services".
(c) 1302(4)(C) (as amended by section 102(b)(1)) is amended by--,
(1) striking "and" before"(iv)", and
(2) striking the period at the end of subparagraph (C) and
substituting "; and (v) establish an arrangement whereby a
member's enrollment status is not known to the health professional
who provides health services to the member.".
INCREASE IN LIMITS ON ASSISTANCE FOR FEASIBILITY SURVEYS, PLANNING,
INITIAL DEVELOPMENT, AND INITIAL OPERATION
Sec. 107. (a) Sectoin 1303(e) // 42 USC 300e-2. // is amended by
striking "$50,000" and substituting "$75,000".
(b)(1) Section 1304(f)(1)(A) // 42 USC 300e-3. // is amended by
striking "$125,000" and substituting "$200,000".
(2) Section 1304(f)(2)(A) is amended by inserting after
"$1,000,000" the following: "or, in the case of a project for a
health maintenance organization which will provide services to an
additional service area (as defined by the Secretary) or which
will provide services in one or more areas which are nto
contiguous, $1,600,000".
(c) Section 1305(a) // 42 USC 300e-4. // is amended by striking out
"first thrity-six months" each place it occurs and substituting "first
sixty months".
LOAN GUARANTEES FOR PRIVATE ENTITIES
Sec. 108. (a) Section 1304(a)(2) // 42 USC 300e-3. // is amended to
read as follows:
"(2) guarantee to non-Federal lenders payment of the principal
of and the interest on loans made to--,
"(A) nonprofit private entities for planning projects for the
establishment ro expansion of health maintenance organizations, or
"(B) other private entities for such projects for health
maintenance organizations which will serve medically underserved
populations.".
(b) Section 1304(b)(1)(B) is amended to reas as follows:
"(B) guarantee to non-Federal lenders payment of the principal
of and the interest on loans made to--,
"(i) nonprofit private entities for projects for the initial
development of health maintenance organizations, or
"(ii) other private entities for such projects for health maintenance
organizations which will serve medically underserved populations.".
(c) Section 1305(a)(3) // 42 USC 300e-4. // is amended to read as
follows:
"(3) guarantee to non-Federal lenders payment of the principal
of and the interest on loans made to--,
"(A) nonprofit private health maintenance organizations for the amounts
referred to in paragraph (1) or (2), or
"(B) other private health amintenance organizations for such amounts
but only if the health maintenance organization will serve a medically
underserved population.".
(d) (1) Section 1304(d) is amended by adding at the end the following
new sentence: " In considering applications for loan guarantees under
this section, the Secretary shall give special consideration to
applications for projects for health maintenance organizations which
will serve medically underserved populations.".
(2) Section 1305 is amended by adding at the end therof the following
new subsection:
"(f) In considering applicatins for loan guarantees under this
section, the Secretary shall give special consideration to
applications for health maintenance organizatins which will serve
medically underserved populations.".
MISCELLANEOUS AMENDMENTS
Sec. 109. (a)(1) Section 1305(a) // 42 USC 300e-4. // is amended by
striking out "in the period of" in paragraphs (1) and (2) and
substituting "during a period not to exceed".
(2) The last sentence of 1305(b)(1) is amended to read as follows: "
In any fiscal year the amount disbursed to a health maintenance
organization under this section (either directly by the Secretary or by
an escrow agent under the terms of an escrow agreement or by a lender
under a loan guaranteed under this section) may not exceed $1,000,000.".
(b)(1) Section 1307(e) // 42 USC 300e-6. // is amended--,
(A) by inserting "for a private health maintenance organization
(other than a private nonprofit health maintenance organization)"
after "may be made", and
(B) by inserting "for private health maintenance organizations
(other than private nonprofit health meaintenance organizations)"
after "guaranteed".
(2) Section 1308(c) // 42 USC 300e-7. // is amended by adding after
paragraph (4) the following new paragraph:
"(5) Any reference in this title (other than in this subsection
and in subsection (d)) to a loan guarantee under this title does
not include a loan guarantee made under this subsection.".
(c)(1) Section 1308(b)(2)(A) is amended by striking out "for similar
loans" and substituting "for loans with similar maturities, terms,
conditions, and security".
(2) Section 1308(b)(2)(D) is amended by striking out "loans
guaranteed under this title" and substituting "marketable obligations of
the United States of comparable matutites, adjusted to provide for
appropriate administrative charges".
(d)(1) The last sentence of section 1303(i) // 42 USC 300e-2. // is
amended--,
(A) by striking "the fiscal year ending June 30, 1974, or June
30, 1975," and substituting "any fiscal year"; and
(B) by striking "for projects otherthan those described in
clause (1) of such sentence" and substituting "for any project,
with priority being given to projects described in clause (1) of
such sentence". The last sentence of section 1304(k)(1)
// 42 USC 300e-3. // is amended--,
(A) by striking "the fiscal year ending June 30, 1974, or June
30, 1975," and substituting "any fiscal year";and
(B) by striking "for projects other than those described in
clause (A) of such sentence" ans substituting "for any project,
with priority being given to projects described in clause (A) of
such sentence".
(3) The last sentence of section 1304(k)(2) is amended--,
(A) by striking "the fiscal year ending June 30, 1974, or in
either of the next two fiscal years" and substituting "any fiscal
year"; and
(B) by striking "for projects other than those described in
clause (A) os such sentence" ans substituting "for any project,
with priority being given to projects described in clause (A) of
such sentence".
(e) Section 1304(b)(2)(D) is amended by striking out "for such an
organization" and substituting "who will engage in practice principally
for the health maintenance organization".
EMPLOYEE HEALTH BENEFITS PLANS
Sec. 110. (a) Section 1310 // 42 USC 300e-9. // is amended--,
(1) by amending subsection (a) to read as follows:
" Sec. 1310. (a)(1) In accordance with regulations which the
Secretary shall prescribe--,
"(A) each employer--,
"(i) which is now or hereafter required during any calendar quarter to
pay its employees the minimum wage prescribed by section 6 of the Fair
Labor Standards Act of 1938
// 29 USC 206. //
(or would be required to pay its employees such wage
but for section 13(a) of such Act),
// 29 USC 213. //
and
"(ii) which during such calendar quarter employed an average number of
employees of not less than 25, shall include in any health benefits
plan, and
"(B) any State and each political subdivision thereof which during any
calendar quarter employed an average number of employees of not less
than 25, as a condition of the payment to the State of funds under
section 314(d),
// 42 USC 246, 247b, 247c, 300a, 300m-4, 300p-3. //
317, 318, 1002, 1525, or 1613,
shall include in any health benefits plan,
offered to such employees in the calendar year beginning after
such calendar quarter to option of membership in qualified health
maintenance organization which are engaged in the provision of
basic health services in health maintenande organization service
areas in which at least 25 of such employees reside.
"(2) If any of the employees of an employer or State or
political subdivision thereof described in paragraph (1)
represented by a collective bargaining representative or other
employee representative designated or selected under any law,
offer of membership in a qualified health maintenance organization
required by paragraph (1) to be made in a health benefits plan
offered to such employees (A) shall first be made to such
collective bargaining representative or other employee
representative, and (B) if such offer is accepted by such
representative, shall then be made to each such employee.";
(2) by amending paragraphs (1) and (2) of subsection (b) to read as
follows:
"(1) one or more of such organizations provides basic health services
(A) without the use of an individual practice association and (B)
without the use of contracts (except for contracts for unusual or
infrequently used services) with health professionals, and
"(2) one or more of such organizations provides basic health services
through (A) an individual practice association (or associations), (B)
health professionals who have contracted with the health maintenance
organization for the provision of such services, or (C) a combination of
such association (or associations) or health professionals under
contract with the organization,";
(3) by striking out the last sentence of subsection (c); and
(4) by adding after subsection (d) the following new subsections:
"(e)(1) Any employer who knowingly does not comply with one or more of
the requirements of subsection (a) shall be subject to a civil penalty
of not more than $10,000. If such noncompliance countinues, a civil
penalty may be assessed and collected under this subsection for each
thirty-day period such noncompliance continues. Such
penalty may be assessed by the Secretary and collected
in a civil action brought by the United States in a
United States district court.
"(2) In any proceeding by the Secretary to assess a civil penalty under
this subsection, no penalty shall be assessed until the employer charged
shall habe been given notice and an opportunity to present its views on
such charge. In determining the amount of
the penalty,
or the amount agreed upon in compromise, the Secretary
shall consider
the gravity of the noncompliance and the demonstrated
good faith of
the employer charged in attempting to achieve rapid
compliance after
notification by the Secretary of a noncompliance.
"(3) In any civil action brought ot review the assessment of a civil
penalty assessed under this subsection, the court shall, at the request
of any party to such action, hold a trial de novo on the assessment of
such civil penalty and in any civil action to collect such a civil
penalty, the court shall, at the request of any party to such action,
hold a trial de novo on the assessment of such civil penalty unless in a
prior civil action to review the assessment of such penalty the court
held a trial de novo on such assessment.
"(f) For purposes of this section, the term 'employer' does not include
(1) the Government of the United States, the government of the District
of Columbia or any territory or possession of the United States, a State
or any political subdivision thereof, or any agency or instrumentality
(including the United States Postal Service and Postal Rate Commission)
of any of the foregoing; or
(2) a church,
convention or association of churches, or any
organization operated.
supervised or controlled by a church, convention or
association of
churches which organization (A) is an organization
described in section
501(c)(3) of the Internal Revenue Code of 1954,
// 26 USC 501. //
and (B) does
not discriminate (i) in the employment, compensation,
promotion, or
termination of employment of any personnel, or (ii) in
the extension
of staff or other privileges to any physician or other
health personnel,
because such persons seek to obtain or obtained health
care, or
participate in providing health care, through a health
maintenance
organization.
"(g) If the Secretary, after reasonable notice and opportunity for
hearing to a State, finds that it or any of its political subdivisions
has failed to comply with one or more of the requirement of subsection
(a), the Secretary shall terminate payments to such State under sections
314(d),
// 42 USC 246, 247b, 427c, 300a, 300m-4 300p-3. //
317, 318, 1002, 1525, and 1613 and notify the
Governor of such State further payments under such
sections will
not be made to the State until the Secretary is
satisfied that there will
no longer be any such failure to comply.
"(h) The duties and functions of the Secretary, insofar as they involve
making determinations as to whether an organization is a qualified
health maintenance organization within the meaning of subsection (d),
shall be administered thorugh the Assistant Secretary for Health, and in
the Office of the Assistant Secretary for health and the administration
of such duties and functions shall be integrated with the administration
of section 1312(a).".
(b) Section 8902 of title 5, United States Code, relating to Federal
employee health insurance, is amended by adding at the end thereof the
following new subsection:
"(1) The Commission shall contract under this chapter for a
plan described in seciton 8903(4) of this title with any qualified
health maintenance carrier which offers such a plan. For the
purpose of this subsection, 'qualified health maintenance carrier'
means any qualified carrier which is a qualified health
maintenance organization within the meaning of section 1310(d)(1)
of title XIII of the Public Health Service Act
// 42 USC 300e-9 //
(42 U.S.C. 300c - 9(d)).".
ENFORCEMENT REQUIREMENTS
Sec. 111. (a) Section 1312(a) // 42 USC 300e-11. // is amended by
striking out all of the section following paragraph (3) and substituting
the following: "the Secretary may take the action authorized by
subsection (b)."
(b) Section 1312(b) is amenede to read as follows:
"(b)(1) If the Secretary makes, with respect to any entity
which provided assurances to the Secretary under section 1310(d)(
1), a determination described in subsection (a), the Secretary
shall notify the entity in writing of the determination. Such
notice shall specify the manner in which the entity has not
complied with such assurances and direct that the entity initiate
(within 30 days of the date the notice is issued by the Secretary
or within such longer period as the Secretary determines is
reasonable) such action as may be necessary to bring (within such
period as the Secretary shall prescribe) the entity into
compliance with the assurances. If the entity fails to initiate
corrective action within the period prescribed by the notice or
fails to comply with the assurances within such period as the
Secretary prescribes (A) the entity shall not be a qualified
health maintenance organization for purposes of section 1310
// 42 USC 300e-9. //
until such date as the Secretary determines that it is in
compliance with the assurances, and (B) each employer which has
offered membership in the entity in compliance with section 1310,
each lawfully recognized collective bargaining representative or
other employee representative which represents the employees of
each such employer, and the members of such entity shall be
notified by the entity that the entity is not a qualified health
maintenance organization for purposes of such section. The notice
required by clause (B) of the preceding sentence shall contain, in
readily understandable language, the reasons for the determination
that the entity is not a qualified health maintenance
organization. The Secretary shall publish in the Federal Register
each determination referred to in this paragraph.
"(2) If the Secretary makes, with respect to an entity which
has received a grant, contract, loan, or loan guarantee under this
title, a determination described in subsection (a), the Secretary
may, in addition to any other remedies available to him, bring a
civil action in the United States district court for the district
in which such entity is located to enforce its compliance withthe
assurances it furnished respecting the provision of basic and
supplemental health services or its organization or operation, as
the case may be, which assurances were made in connection with its
application under this title for the grant, contract, loan, or
loan guarantee.".
(c) Section 1312 // 42 USC 300e-11. // is amended by adding at the
end the following new subsection:
"(c) The Secretary, acting through the Assistant Secretary for
Health, shall administer subsections (a) and (b) in the Office of
the Assistant Secretary for Health.".
HMO'S AND FEDERAL HEALTH BENEFITS PROGRAMS
Sec. 112. Section 1307(d) // 42 USC 300)-6. // is amended by adding
after and below paragraph (2) the following new sentence: " An entity
which provides health services to a defined population on a prepaid
basis and which has members who are enrolled under the health benefits
program authorized by chapter 89 of title 5, United States Code, // 5
USC 8901 et seq. // may be considered as a health maintenance
organization for purposes of receiving assistance under this title if
with respect to its other members it provides health services in
accordance with section 1301(b) // 42 USC 300e. // and is organized and
operated in the manner prescribed by section 1301(c).".
EXTENSIONS AND AUTHORIZATIONS
Sec. 113. (a) Section 1304(j) // 42 USC 300e-3. // is amended (1)
by striking out " September 30, 1976" and substituting " September 30,
1978", and (2) by striking out " September 30, 1977" and substituting "
September 30, 1979".
(b) Subsection (d) of section 1305 // 42 USC 300e-4. // is amended
to read as follows:
"(d) No loan may be made or guaranteed under this section after
September 30, 1980.".
(c) Section 1309(a) // 42 USC 300e-8. // is amended--,
(1) by striking out "and" after "1975,",
(2) by inserting after "1976" the following: ", $45,000,000
for the fiscal year ending September 30, 1977, and $45,000,000 for
the fiscal year ending September 30, 1978",
(3) by striking out "ending June 30, 1977" and substituting
"ending September 30, 1977", and
(4) by striking out "$85,000,000" the first time it occurs and
substituting "$40,000,000", and by striking out "$85,000,000" the
second time it occurs and substituting "$50,000,000".
RESTRICTIVE STATE LAW
Sec. 114. Section 1311 // 42 USC 300e-10. Digest. // is amended by
adding at the end the following new subsection:
"(c) The Secretary shall, within 6 months after the date of the
enactment of this subsection, develop a digest of State laws,
regulations, and practices pertaining to development,
establishment, and operation of health maintenance organizations
which shall be undated at least quarterly and relevant sections of
which shall be provided to the Governor of each State annually.
Such digest shall indicate which State laws, regulations, and
practices appear to be inconsistent with the operation of this
section. The Secretary shall also insure that appropriate legal
consultative assistance is available to the States for the purpose
of complying with the provisions of this section."
PROGRAM EVALUATION BY THE COMPTROLLER GENERAL
Sec. 115. So much of section 1314(a) // 42 USC 300e-13. // as
precedes paragraph (1) thereof is amended to read as follows:
" Sec. 1314. (a) The Comptroller General shall evaluate the
operations of at least ten or one-half (whichever is greater) of
the health maintenance organizations for which assistance was
provided under sections 1303, 1304, and 1305,
// 42 USC 300e-2-300e-4. Report to Congress.
and which, by December 31, 1976, have been designated by the
Secretary under section 1310(d) as qualified health maintenance
organizations. The Comptroller General shall report to the
Congress the results of the Evaluation by June 30, 1978. Such
report shall contain findings--".,
ADMINISTRATION OF PROGRAMS
Sec. 166. Title XIII is amended byadding after section 1315 the
following new section:
" ADMINISTRATION OF PROGRAM
" Sec. 1316. The Secretary shall administer this title // 42 USC
300e-15. 42 USC 300e-9, 300e-11. // (other than sections 1310 and
1312) through a single identifiable administrative unit of the
Department.
CONFORMING AMENDMENTS
Sec. 117. (a) Section 1532(c) // 42 USC 300n-1. // is amneded by
adding the following sentence at the end thereof: " The criteria
established by any health systems agency or State Agency under paragraph
(8) shall be consistent with the standards and procedures established by
the Secretary under section 1306(c) of this Act.". // 42 USC 300e-5.
//
(b)(1) Paragraph (6) of section 1302 // 42 USC 300e-1. // is amended
to read as follows:
"(6) The term 'health systems agency' means as entity which is
designated in accordance with section 1515 of this Act.".
// 42 USC 300l-4. //
(2) Paragraph (7) of section 1302 is amended by--,
(A) striking "section 314(a) State health planning agency whose
section 314(a) plan" and substituting " State health planning and
development agency which"; and
(B) striking "section 314(b) areawide health planning agency
whose section 314(b) plan", and substituting "health systems
agency designated for a health service area which".
(3) Paragraph (1) of section 13037b) // 42 USC 300e-2. // is amended
by striking "section 314(b) areawide health planning agency (if any)
whose section 314(b) plan" and substituting "each health systems agency
designated for a health service area which".
(4) Paragraph (1) of section 1304(c) // 42 USC 300e-3. // is amended
by striking "section 314(b) areawide health planning agency (if any)
whose section 314(b) plan" and substituting "each health systems agnecy
designated for a health service area which".
(5) Section (b)(5) of section 1306 // 42 USC 300e-5. // is amended
to read as follows:
"(5) each health systems agnecy designated for a health service
area which cover (in whole or in part) the area to be served by
the health maintenance organization for which such application is
submitted:".
(6) Subsection (c) of section 1306 is amneded by striking "section
314(b) areawide health planning agencies and section 314(a) State health
planning agencies" and substituting "health systems agencies".
EFFECTIVE DATES
Sec. 118. (a) Except as provided in subsection (b), // 42 USC 300e
note. // the amendments made by this title shall take effect on the
date of the enactment of this Act.
(b)(1) The amendments made by sections 101, 102, 103, 104, and 106
shall (A) apply with respect to grants, contracts, loans, and loan
guarantees made under sections 1303, 1034, and 1305 of the Public Health
Service Act // 42 USC 300e-2-300e-4. // for fiscal years beginning
after September 30, 1976, (B) apply with respect to health benefit plans
offered under section 1310 of such Act // 42 USC 300e-9. 42 USC
300e-11. // after such date, and (C) for purposes of section 1312 take
effect October 1, 1976.
(2) Subsection (d) of section 1301 of the Public Health Service Act
// 42 USC 300e. // (added by section 103(b) of this Act) shal take
effect with respect to fiscal years of health maintenance organizations
beginning on or after the date of the enactment of this Act.
(3) The amendments made by section 107 shall apply with respect to
grants, contracts, loans, and loan guarantees made under sections 1303,
1304, and 1305 of the Public Health Service Act for fiscal years
beginning after September 30, 1976.
(4) The amendments made by sections 109(a)(1) and 109(c) shall apply
with respect to loan guarantees made under section 1305 of the Public
Health Service Act after September 30, 1976.
(5) The amendment made by section 109(e) shall apply with respect to
projects assisted under section 1304 of the Public Health Service Act
after September 30, 1976.
(6) The amendments made by paragraphs (1) and (2) of section 110(a)
shall apply with respect to calendar quarters which begin after the date
of the enactment of this Act.
(7) The amendments made by paragraphs (3) and (4) of section 110
shall apply with respect to failures of employers to comply with section
1310(a) of the Public Health Service Act // 42 USC 300e-9. // after the
date of the enactment of this Act.
(8) The amendment made by section 111 shall apply with respect to
determinatins of the Secretary of Health, Education, and Welfare
described in section 1312(a) of the Public Health Service Act and made
after the date of the enactment of this Act.
TITLE II-- AMENDMENTS TO SOCIAL SECURITY ACT MEDICARE AMENDMENTS
Sec. 201. (a) Section 1876(b) of the Social Security Act // 42 USC
1395mm. // is amended to read as follows:
"(b)(1) The term 'health maintenance organization' means a legal
entity which provides health services on a prepayment basis to
individuals enrolled with such organizations and which--,
"(A) provides to its enrollees who are insured for benefits
under parts A and B of this title or for benefits under part B
alone, through institutions, entities, and persons meeting the
applicable requirements of section 18618
// 42 USC 1395x. //
all of the services and benefits covered under such parts (to the
extent applicable under subparagraph (A) or (B) of subsection
(a)(1)) which are available to individuals residing in the
geographic area served by the organization;
"(B) provides such services in the manner prescribed by section
1301(b) of the Public Health Service Act,
// 42 USC 300e. //
except that solely for the purposes of this section--,
"(i) the term 'basic health services' and references thereto shall be
deemed to refer to the services and benefits included under parts A and
B of this title;
"(ii) the organizatoin shall not be required to fix the basic health
services payment under a community rating system;
"(iii) the additional nominal payments authorized by section
1301(b)(1)(D) of such Act shall not exceed the limits applicable under
subsection (g) of this section; and
"(iv) payment for basic health services provided by the organization to
its enrollees under this section or for services such enrollees receive
other than through the organization shall be made as provided for by
this title;
"(C) is organized and operated in the manner prescribed by
section 1301(c) of the Public Health Service Act, except that
solely for the purposes of this section--,
"(i) the term 'basic health services' and references thereto shall be
deemed to refer to the services and benefits included under parts A and
B of this title;
"(ii) the organization shall not be reimbursed for the cost of
reinsurance except as permitted by subsection (i) of this section; and
"(iii) the organization shall have an open enrollment period as
provided for in subsection (k) of this section.
"(2)(A) The duties and functions of the Secretary, insofar as they
involve making determinations as to whether an organization is a 'health
maintenance organization' within the meaning of paragraph (1), shall be
administered through the Assistant Secretary for Health and in the
Office of the Assistant Secretary for Health, and the administration of
such duties and functions shall be integrated with the administration of
section 1312 (a) and (b) of the Public Health Service Act. // 42 USC
300e-11. //
"(B) Except as provided in subparagraph (A), the Secretary shall
administer the provisions of this section through the Commissioner of
Social Security.".
(b) Section 1876(h) of such Act
// 42 USC 1395mm. //
is amended to read as follows:
"(h)(1) Except as provided in paragraph (2), each health
maintenance organization with which the Secretary enters into a
contract under this section shall have an enrolled membership at least
half of which consists of individuals who have not attained age 65.
"(2) The Secretary may waive the requirement imposed in paragraph (1)
for a period of not more than three years from the date a health
maintenance organization first enters into an agreement with the
Secretary pursuant to subsection (i), but only for so long as such
organization demonstrates to the satisfaction of the Secretary by the
submission of its plan for each year that it is making continuous
efforts and progress toward compliance with the provisions of paragraph
(1) within such three-year period.".
(c) Section 1876(i)(6)(B) of such Act is amended by striking out
"(other than those with respect to out-of-area services)" and inserting
in lieu thereof "(other than costs with respect to out-of-area services
and, in the case of an organization which has entered into a risksharing
contract with the Secretary pursuant to paragraph (2)(A), the cost of
providing any member with basic health services the aggregate value of
which exceeds $5,000 in any year)".
(d) Section 1876 is amended by adding at the end thereof the
following--,
"(k) Each health maintenance organization with which the
Secretary enters into a contract under this section shall have an
open enrollment period at least every year under which it accepts
up to the limits of its capacity and without restrictions, except
as may be authorized in regulations, individuals who are eligible
to enroll under subsection (d) in the order in which they apply
for enrollment (unless to do so would result in failure to meet
the requirements of subsection (h)) or would result in enrollemtn
of enrollees substantially nonrepresentative, as determined n
accordance with regulations of the Secretary, of the population in
the geographic area served by such health maintenance
organization.".
(e) The amendments made by this section shall be effective with
respect to contracts entered into between the Secretary and health
maintenance organizations under section 1876 of the Social Security Act
on and after the first day of the first calendar month which begins more
than 30 days after the date of enactment of this Act.
MEDICAID AMENDMENTS
Sec. 202. (a) Section 1903 of the Social Security Act // 42 USC
1396b. // is amended by adding at the end thereof the following new
subsection:
"(m)(1)(A) The term 'health maintenance organization' means a
legal entity which provides health services to individuals
enrolled in such organization and which--,
"(i) provides to its enrollees who are eligible for benefits under this
title the services and benefits described in paragraphs (1), (2), (3),
(4)(C), and (5) of section 1905,
// 42 USC 1396d. //
and, to the extent
required by section 1902(a)(13)(A)(ii)
// 42 USC 1396a. //
to be provided under a
State plan for medical assistance, the services and
benefits
described in paragraph (7) of section 1905(a);
"(ii) provices such services and benefits in the manner prescribed in
section 1301(b) of the Public Health Service Act
// 42 USC 300e. //
(except that, solely for purposes of this paragraph,
the
term 'basic
health services' and references thereto, when employed
in such
section, shall be deemed to refer to the services and
benefits
described in paragraphs (1), (2), (3), (4)(C), and (5)
of section
1905(a),
// 42 USC 1396d. //
and, to the extent required by section 1902(a)(13)(A)
// 42 USC 1396a. //
(ii) to be provided under a State plan for medical
assistance, the
services and benefits described in paragraph (7) of
section 1905
(a)); and
"(iii) is organized and operated in the manner prescribed by section
1301(c) of the Public Health Service Act (except that solely for
purposes of this paragraph, the term 'basic health services' and
references thereto, when wmployed is such section shall be deemed to
refer to the services and benefits described in section 1905 (a) (1),
(2), (3), (4)(C), and (5), and to the extent required by section
1902(a)(13)(A)(ii) to be provided under a State plan for medical
assistance, the services and benefits described in paragraph (7) of
section 1905( a)).
"(B) The duties and functions of the Secretary, insofar as they
involve making determinations as to whether an organization is a
health maintenance organization within the meaning of subparagraph
(A), shall be administered through the Assistant Secretary for
Health and in the Office of the Assistant Secretary for Health,
and the administration of such duties and functions shall be
integrated with the administration of section 1312 (a) and (b) of
the Public Health Service Act.
// 42 USC 300e-11. //
"(2)(A) Except as provided in subparagraphs (B) and (C), no
payment shall be made under this title to a State with respect to
expenditures incurred by it for payment for services provided by
any entity--,
"(i) which is responsible for the provision of--,
"(I) inpatient hospital services and any other service described in
paragraph (2), (3), (4), (5), or (7) of section 1905(a), or
"(II) any three or more of the services described in such paragraphs,
when payment for such services is determined under a prepaid capitation
risk basis or under any other risk basis;
"(ii) which the Secretary (or the State as authorized by paragraph (3))
has not determined to be a health maintenance organization as defined in
paragraph (1); and
"(iii) more than one-half of the membership of which consists of
individuals who are insured under parts A and B of title XVIII or
recipients of benefits under this title.
"(B) Subparagraph (A) does not apply with respect to payments
under this title to a State with respect to expenditures incurred
by it for payment for services provided by an entity whcih--,
"(2)(I) received a grant of at least $100,000 in the fiscal year ending
June 30, 1976, under section 319(d)(1)(A) or 330(d)(1) of the Public
Health Service Act,
// 42 USC 247d, 254c. //
and (II) for the period beginning
July 1, 1976, and ending on the expiration of the
period
for which payments are to be made under this title has
been the
recipient of a grant under either such section; and
"(II) provides to its enrollees on a prepaid capitation risk basis or
on any other risk basis, all of the services and benefits
described in paragraphs (1), (2), (3), (4)(C), and (5) of section
1905(a)
// 42 USC 1396d. //
and, to the extent required by section 1902(a)(13)(A)
(ii)
// 42 USC 1396a. //
to be provided under a State plan for medical
assistance, the
services and benefits described in paragraph (7) of
such
section;
or
"(ii) is a nonprofit primary health care entity located in a rural area
(as defined by the Appalachian Regional Commission)--,
"(I) which received in the fiscal year ending June 30, 1976, at least
$100,000 (by grant, subgrant, or subcontract) under the Appalachian
Regional Development Act of 1965,
// 40 USC app. 1. //
and,
"(II) for the period beginning July 1, 1976, and ending on the
expiration of the period for which payments are to be made under this
title either has been the recipient of a grant, subgrant, or subcontract
under such Act or has provided services under a contract (initially
entered into during year in which the entity was the recipient of such a
grant, subgrant, or subcontract) with a State agency under this title on
a prepaid capitation risk basis or on any other risk basis; or
"(iii) which has contracted with the single State agency for the
provision of services (but not including inpatient hospital services) to
persons eligible under this title on a prepaid risk basis prior to 1970.
"(C) Subparagraph (A)(iii) shall not apply with respect to
payments under this title to a State with respect to expenditures
incurred by it for payment for services by an entity during the
three-year period beginning on the date of enactment of this
subsection or beginning on the date the entity enters into a
contract with the State under this title for the provision of
health services on a prepaid risk basis, whichever occurs later,
but only if the entity demonstrates to the satisfaction of the
Secretary by the submission of plans for each year of such
three-year period that it is making continuous efforts and
progress toward achieving compliance with subparagraph (A)(iii).
"(3) A State may, in the case of an entity which has submitted
an application to the Secretary for determination that it is a
health maintenance organization within the meaning of paragraph
(1) and for which no such determination has been made within 90
days of the submission of the application, make a provisional
determination for the purposes of this title that such entity is
such a health maintenance organization. Such provisional
determination shall remain in force until such time as the
Secretary makes a determination regarding the entity's
qualification under paragraph (1).".
(b) The amendment made by subsection (a)
// 42 USC 1396b note. //
shall apply with
respect to payments under title XIX of the Social Security Act
// 42 USC 1396. //
to
States for services provided--,
(1) after the date of enactment of subsection (a) under contracts under
such title entered into or renegotiated after such date, or
(2) after the expiration of the 1-year period beginning on such date of
enactment,
whichever occurs first.
TITLE III-- MISCELLANEOUS AMENDMENTS CENTER FOR HEALTH SERVICES POLICY
ANALYSIS
Sec. 301. Section 305(d)(1) of the Public Health Service Act // 42
USC 247c. // is amended (1) by striking out "two national special
emphasis centers" and substituting "three national special emphasis
centers", (2) by striking out "and one" and substituting "one", and (3)
by inserting before the last close parenthesis a semicolon and the
following: "and one of which (to be designated as the Health Services
Policy Analysis Center) shall focus on the development and evaluation of
national policies with respect to health services, including the
development of health maintenance organizations and other forms of group
practice, with a view toward improving the efficiencies of the health
services delivery system".
HOME HEALTH EXTENSION
Sec. 302. (a) Section 602(a)(5) of Public Law 94 - 63 // 42 USC
1395x note. // is amended by inserting ", $2,000,000 for the period
July 1, 1976, through September 30, 1976, $8,000,000 for the fiscal year
ending September 30, 1977" after "1976".
(b) Section 602(b)(4) of Public Law 94 - 63 is amended by inserting
", $1,000,000 for the period July 1, 1976, through September 30, 1976,
and $4,000,000 for the fiscal year ending September 30, 1977" after
"1976".
EXTENSION OF REPORTING DATE
Sec. 303. Section 603(b) of Public Law 94 - 63 // 42 USC 289k-2. //
is amended by striking " Within one year" and substituting " Not later
than 2 years".
TECHNICAL
Sec. 304. Section 514(a) of the Federal Food, Drug, and Cosmetic Act
// 21 USC 360. // is amended by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No 94 - 518 (Comm. on Interstate and Foreign
Commerce) and No. 94 - 1513 (Comm. of Conference).
SENATE REPORT: No. 94 - 844 accompanying S. 1926 (Comm. on Labor and
Public Welfare).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Nov. 7, considered and passed House.
Vol. 122 (1976): June 14, considered and passed Senate,
amended, in lieu of S. 1926.
Sept. 16, Senate agreed to conference report.
Sept. 23, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 12, No. 42 (1976): Oct. 9, Presidential statement.
PUBLIC LAW 94-459, 90 Stat, 1944
94th Congress, S. 3843
October 8, 1976
An Act
To name the Visitors' Center at the Sleeping Bear Dunes National
Lakeshore the " Philip A. Hart Visitors' Center".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Visitors'
Center at the Sleeping Bear Dunes National Lakeshore shall hereinafter
be known as, and is hereby designated as, the " Philip A. Hart Visitors'
Center".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 122 (1976):
Sept. 22, considered and passed Senate.
Sept. 27, considered and passed House.
PUBLIC LAW 94-458, 90 Stat, 1939
94th Congress
94th Congress, S. 3430
An Act
To amend the Act approved August 18, 1970, providing for improvement in
the administration of the National Park System by the Secretary of the
Interior
and clarifying authorities applicable to the National Park System, 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 3 of the
Act approved August 18, 1970 (84 Stat. 825; 16 U.S.C. 1a - 1 et seq.),
is amended as follows:
(1) In subsection (e), after "within an area of the national
park system," insert ", as long as such activity does not
jeopardize or unduly interfere with the primary natural or
historic resource of the area involved,".
(2) At the end of subsection (g), change the period to a
semicolon and add the following new subsections:
"(h) promulgate and enforce regulations concerning boating and other
activities on or relating to waters located within areas of the National
Park System, including waters subject to the jurisdiction of the United
States: Provided, That any regulations adopted pursuant to this
subsection shall be complementary to, and not in derogation of, the
authority of the United States Coast Guard to regulate the use of waters
subject to the jurisdiction of the United States;
"(i) provide meals and lodging, as the Secretary deems appropriate, for
members of the United States Park Police and other employees of the
National Park Service, as he may designate, serving temporarily on
extended special duty in areas of the National Park System, and for this
purpose he is authorized to use funds appropriated for the expenses of
the Department of the Interior.".
Sec. 2. Such Act of August 18, 1970, is further amended by adding
the following new sections:
" Sec. 5. Section 11 of the Act of May 26, 1930 (46 Stat.
383; 16 U.S.C. 17j), is amended to read as follows:
"' Sec. 11. In the administration of the National Park System,
the Secretary of the Interior is authorized, under regulations
prescribed by him, to pay (a) the traveling expenses of employees,
including the costs of packing, crating, and transporting
(including draying) their personal property, upon permanent change
of station of such employees and (b) the traveling expenses as
aforesaid of dependents of deceased employees (i) to the nearest
housing reasonably available and of a standard not less than that
which is vacated, and to include compensation for not to exceed
sixty days rental cost thereof, in the case of an employee who
occupied Government housing and the death of such employee
requires that housing to be promptly vacated, and (ii) to the
nearest port of entry in the conterminous forty-eight States in
the case of an employee whose last permanent station was outside
the conterminous forty-eight States.'.
" Sec. 6. Notwithstanding any other provision of law, the
Secretary of the Interior may relinquish to a State, or to a
Commonwealth, territory, or possession of the United States, part
of the legislative jurisdiction of the United States over National
Park System lands or interests therein in that State,
Commonwealth, territory, or possession: Provided, That prior to
consummating any such relinquishment, the Secretary shall submit
the proposed agreement to the Committees on Interior and Insular
Affairs of the United States Congress, and shall not finalize such
agreement until sixty calendar days after such submission shall
have elapsed. Relinquishment of legislative jurisdiction under
this section may be accomplished (1) by filing with the Governor
(or, if none exists, witht he chief executive officer) of the
State, Commonwealth, territory, or possession concerned a notice
of relinquishment to take effect upon acceptance thereof, or (2)
as the laws of the State, Commonwealth, territory, or possession
may otherwise provide. The Secretary shall diligently pursue the
consummation of arrangements with each State, Commonwealth,
territory, or possession within which a unit of the National Park
System is located to the end that insofar as practicable the
United States shall exercise concurrent legislative jurisdiction
within units of the National Park System.
" Sec. 7. Notwithstanding subsection 5901(a) of title 5,
United States Code (80 Stat. 508), as amended, the uniform
allowance for uniformed employees of the National Aprk Service may
be up to $400 annually.
" Sec. 8. The Secretary of the Interior is directed to
investigate, study, and continually monitor the welfare or areas
whose resources exhibit qualities of national significance and
which may have potential for inclusion in the National Park
System. At the beginning of each fiscal year, the Secretary shall
transmit to the Speaker of the House of Representatives and to the
President of the Senate, comprehensive reports on each of those
areas upon which studies have been completed. On this same date,
and accompanying such reports, the Secretary shall transmit a
listing, in generally descending order of importance or merit, of
not less than twelve such areas which appear to be of national
significance and which may have potential for inclusion in the
National Park System. Threats to resource values, and cost
escalation factors shall be considered in listing the order of
importance or merit. Such listing may be comprised of any areas
heretofore submitted under terms of this section, and which at the
time of listing are not included in the National Park System. The
Secretary is also directed to transmit annually to the Speaker of
the House of Representatives and to the President of the Senate,
at the beginning of each fiscal year, a complete and current list
of all areas included on the Registry of Natural Landmarks and
those areas of national significance listed on the National
Register of Historic places which areas exhibit known or
anticipated damage or threats to the integrity of their resources,
along with notations as to the nature and severity of such damage
or threats. Each report and annual listing shall be printed as a
House document.
" Sec. 9. Section 3 of the Act of August 21, 1935 (49 Stat.
666, 667; 16 U.s.c. 461, 463), is amended to read as follows:
"' Sec. 3. (a) A general advisory board to be known as
the National
Park Systerm Advisory Board is hereby established,
to be composed of
not to exceed eleven persons, citizens of the United
States, to include
but not be limited to representatives competent in the
fields of history,
archaeology, architecture, and natural science, who
shall be appointed
by the Secretary for a term not to exceed four years.
The Secretary
shall take into consideration nominations for
appointees
from public
and private, professional, civic, and educational
societies, associations,
and institutions. The members of such board shall
receive no salary
but may be paid expenses incidental to travel when
engaged in discharging
their duties as members. It shall be the duty of such
board
to advise the Secretary on matters relating to the
National Park System,
to other related areas, and to the administration of
this Act,
including but not limited to matters submitted to it
for
consideration
by the Secretary, but it shall not be required to
recommend as to the
suitability or desirability of surplus real and related
personal property
for use as an historic monument.
"'(b) The National Park System Advisory Board shall continue to exist
until January 1, 1990. In all other
respects,
it shall be subject
to the provisions of the Federal Advisory Committee
Act.'.
// 5 USC app. I. //
" Sec. 10. (a) The arrest authority relating to the National
Park Service is hereby amended in the Follwing respects:
"(1) Section 3 of the Act of March 3, 1897 (29 Stat. 621; 16 U.S.C.
415), as supplemented; relating to certain
arrest authority
relative to national military parks, is hereby
repealed;
"(2) The first paragraph of that portion designated ' GENERAL
EXPENSES-- FOREST SERVICE' of the Act of March 3, 1905 (33 Stat. 872;
16 U.S.C. 10, 559), as
amended,
relating in part to arrest authority relative to laws
and regulations
applicalbe to forest reserves and national parks, is
amended
by deleting the words 'and national park service', 'and
national
parks', and 'or national parks';
"(3) Section 2 of the Act of March 2, 1933 (47 Stat. 1420; 16 U.S.C.
10a), as amended, relating to certain arrest authority for certain
employees of the Natinal Park Service, is hereby repealed; and
"(4) The second paragraph of secton 6 of the Act of October 8, 1964 (78
Stat. 1041; 16 U.S.C. 460n - 5), as
amended, relating
to certain arrest authority relative to the Lake Mead
National
Recreation Area, is hereby repealed.
"(b) In addition to any other authority conferred by law, the Secretary
of the Interior is authorized to designate, pursuant to standards
prescribed in regulations by the Secretary, certain officers or
employees of the Department of the Interior who shall maintain law and
order and protect persons and property within areas of the National Park
System. In the
performance of such duties, the
officers or employees, so
designated, may--,
"(1) carry firearms and make arrests without warrant for any offense
against the United States committed in his presence, or for any felony
cognizable under the laws of the United States if he has reasonable
grounds to believe that the person to be arrested has committed or is
committing such felony, provided such arrests occur within the system or
the person to be arrested is fleeing therefrom to avoid arrest;
"(2) execute any warrant or other process issued by a court or officer
of competent jurisdiction for the enforcement of the provisions of any
Federal law or regulation issued pursuant to law arising out of an
offense committed in that system or, where the person subject to the
warrant or process is in that system. in connection with any Federal
offense; and
"(3) conduct investigations of offenses against the United States
committed in that system in the absence of investigation thereof by any
other Federal law enforcement agency having investigative jurisdiction
over th offense committed or with the concurrence of such other agency.
"(c) The Secretary of the Interior is hereby authorized to--,
"(1) designate officers and employees of any other Federal agency or
law enforcement personnel of any State or political subdivison thereof,
when deemed economical and in the public interest and with the
concurrence of that agency or that State or subdivision, to act as
special policemen in areas of the National Park System when supplemental
law enforcement personnel may be needed, and to exercise to powers and
authority provided by paragraphs (1), (2), and (3) of subsection (b) of
this section;
"(2) cooperate, within the National Park System, with any State or
political subdivision thereof in the enforcement of supervision of the
laws or ordinances of that State or subdivision; and
"(3) provide limited reimbursement, to a State or its political
subdivisions, in accordance with such regualtions as he may prescribe,
where the State has ceded concurrent legislative jurisdiction over the
affected area of the system, for expenditures incurred in connection
with its activities within that system which were rendered pursuant to
paragraph (1) of this subsection.
"(4) the authorities provided by this subsection shall supplement the
law enforcement responsibilities of the National Park Service, and shall
not authorize the delegation of law enforcement responsibilities of the
agency the State and local governments.
"(d)(1) Except as otherwise provided in this subsection, a law
enforcement officer of any State or political subdivision thereof
designated to act as a special policeman under subsection (c) of this
section shall not be deemed a Federal employee and shall not be subject
to the provisions of law relating to Federal employment, including, but
not limited to, those relating to hours of work, rates of compensation,
leave, unemployment compensation, and Federal benefits.
"(2) For purposes of the tort claim provisions of title 28, United
States Code,
// 5 USC 8101. //
a law enforcement officer of any State or political
subdivision
thereof shall, when acting as a special policeman under
subsection
(c) of this section, be considered a Federal employee.
"(3) For purposes of subchapter I of chapter 81 of title 5, United
States Code, relating to compensation to Federal employees for work
injuries, a law enforcement officer of any State or political
subdivision thereof shall, when acting as a special policeman under
subsection (c) of this section be deemed a civil service employee of the
United States withis the meaning of the term 'employee' as defined in
section 8101 of title 5, and the provisions of that subchapter shall
apply.
"(e) Nothing contained in this Act shall be construed or applied to
limit ro restrict the investigative jurisdiction of any Federal law
enforcement agency other than the National Park Service, and nothing
shall be construed or applied to affect any right of a State or a
political subdivision thereof to exercise civil and criminal
jurisdiction within the National Park System.
" Sec. 11. Section 101(a) of title I of public Law 89 - 655
(80 Stat. 915; 16 U.S.C. 470a), is amended by adding thereto a
new paragraph to read as follows:
"'(4) to withhold from disclosure to the public, information relating
to the location of sites or objects listed on the National Register
wherever he determines that the disclosure of specific informatin would
create a risk of destruction or harm to such sites or objects.'.
" Sec. 12. (a) Not later than January 15 of each calendar
year, the Secretary of the Interior shall transmit to the
Committees on Interior and Insular Affairs a detailed program for
the development of facilities, structures, or buildings for each
unit of the National Park System Consistent with the general
management plans required in subsection (b) of this section.
"(b) General management plans for the development of each unit
of the National Park System, including the areas within the
national capital region, shall be prepared by the Director of the
National Park Service and transmitted to the Committees on
Interior and Insular Affairs. Such plans shall include:
"(1) the facilities which the Director finds necessary to accommodate
the health, safety, and recreation needs of the visiting public,
including such facilities as he may deem appropriate to provide in
accordance wiht the provision of the Act of October 9, 1965 (79 Stat.
969);
"(2) the location and estimated cost of all such facilities; and
"(3) the projected need for any additional facilities required for such
unit.
"(c) The Secretary of the Interior shall hereafter transmit to
the Committees on Interior and Insular Affairs all proposed awards
of concession leases and contracts involving a gross annual
business of $100,000 of more, or exceeding five years in duration
(including renewals thereof), and all proposed rules and
regualtions relating thereto, sixty days before such awards are
made or such rules and regulations are promulgated. The Act of
July 14, 1956 (70 Stat. 543) is hereby repealed.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1569 accompanying H.R. 11887 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 94 - 1190 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vo. 122 (1976):
Sept. 17, considered and passed Senate.
Sept 21, considered and passed House, amended, in lieu of H.R.
11887.
Sept. 23, Senate agreed to House amendment.
PUBLIC LAW 94-457, 90 STAT, 1938
94th Congress, S. 3734
October 5, 1976
An Act
To approve the sale of certain naval vessels, and for other purposes.
Be in enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) the President
may sell, subject to such terms and conditions as he may determine and
at a price not less than the value thereof in United States dollars,
three destroyers to the Government of Argentina; two landing ships dock
and one auxiliary repair dry dock to the Government of the Republic of
China; one destroyer to the Government of Colombia; four destroyers to
the Government of the Federal Republic of Germany; seven destroyers and
two tank landing ships to the Government of Greece; one repair ship and
one auxiliary repair dry dock to the Government of Iran; seven
destroyers and one landing craft repair ship to the Government of the
Republic of Korea; two destroyers to the Government of Pakistan; one
landing craft repair ship and one inshore patrol craft to the Government
of the Philippines; five destroyers and three tank landing ships to the
Government of Spain; one landing craft repair ship, one tank landing
ship, and one auxiliary repair dry dock to the Government of Venezuela.
(b) All expenses involved in the sales authorized by this Act shall
be charged to funds provided by the recipient government. The authority
of the President to sell vessels under this Act shall terminate two
years after the date of enactment of this Act.
Sec. 2. Subsection (b)(1) of section 7307 of title 10, United States
Code, is amended by striking out "2,000" and inserting in lieu thereof
"3,000".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1646 (Comm. on Armed Services).
SENATE REPORT No. 94 - 1123 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Aug. 25, considered and passed Senate.
Sept. 27, considered and passed House.
Public Law 94-456, 90 Stat, 1934, ALASKA NATIVE CLAIMS SETTLEMENT ACT
OF 1976.
94th Congress, S. 3651
October 4, 1976
An Act
To amend the Alaska Native Claims Settlement Act to provide for the
withdrawal of lands for the village of Klukwan, Alaska, 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 16(a) of the Alaska Native Claims Settlement
Act (85 Stat. 688, 705, as amended; 43 U.S.C. 1604, 1615) is further
amended by striking " Klukwan, Southeast.".
(b) Section 16(d) of such Act is amended to read as follows:
"(d)(1) The Secretary is authorized and directed to withdraw
seventy thousand acres of public lands, as defined in section 3 of
this Act,
// 43 USC 1602. //
may select twenty-three thousand and forty acres of land. Such
Corporation and the shareholders thereof shall otherwise
participate fully in the beneifts provided by this Act to the same
extent as as they would have participated had they not elected to
acquire title to their former reserve as provided by section 19(b)
of this Act:
// 43 USC 1618. //
provided, That noting in this subsection shall affect the existing
entitlement of any Regional Corporation to lands pursuant to
section 14(h)(8) of this Act:
// 43 USC 1613. //
Provided further, That no such lands shall be withdrawn from an
area previously withdrawn as a forest reserve without prior
consultation with the Secretary of Agriculture: Provided further,
That the foregoing provisions of this subsection shall not become
effective unless and until the Village Corporation for the village
of Klukwan shall quitclaim to Chilkat Indian Village, organized
under the provisions of the Act of June 18, 1934 (48 Stat. 984),
as amended by the Act of May 1, 1936 (49 Stat. 1250), all its
right, title, and interest in the lands of the reservation defined
in and vested by the Act of September 2, 1957 (71 Stat. 596),
which lands are hereby conveyed and confirmed to said Chilkat
Indian Village in fee simple absolute, free of trust and all
restrictions upon alienation, encumbrance, or otherwise: Provided
further, That the United States and the Village Corporation for
the village of Klukwan shall also quitclaim to said Chilkat Indian
Village any right or interest they may have in and to income
derived from the reservation lands defined in and vested by the
Act of September 2, 1957 (71 Stat. 597), after December 18, 1971
and prior to January 2, 1976.
"(2) The lands withdrawn by the Secretary pursuant to paragraph
(1) of this subsection shall be located in the southeastern Alaska
region and shall be of similar character and comparable value, to
the extent possible, to those of the Chilkat Valley surrounding
the village of Klukwan. Such withdrawal shall be made within six
months of the date of enactment of this paragraph and the Village
Corporation for the village of Klukwan shall select, within one
year from the time that the withdrewal is made, and be conveyed,
twenty-three thousand and forty acres. None of the lands
withdrawn by the Secretary for selection by the Village
Corporation for the village of Klukwan shall have been selected
by, or be subject to an outstanding nomination for selection by,
any other Native Corporation organized pursuant to this Act, or
located on Admiralty Island.".
Sec. 2. Notwithstanding any other provision of law, the Secretary is
hereby authorized and directed to convey immediately to the State of
Alaska, subject to valid existing rights, the following described lands
for park, recreation, airport, or other public purposes:
Seward Meridan, Alaska
T. 13 N., R. 4 W. Section 28, E1/2 W1/2, E1/2 W1/2 NW1/4,
W1/2 NW1/4 NW1/4, E1/2 NW1/4 SW1/4, E1/2 W1/2 SW1/4
NW1/
4, NE1/4 SW1/4 SW1/4, E1/2 SE1/j SW1/4 SW1/4.
Containing
265 acres, more or less.
Sec. 3. The first sentence of subsection 12(b) of the Act of January
2, 1976 (89 Stat. 1145, 1151), // 43 USC 1611 note. // is amended by
changing the matter preceding the first colon to read as follows:
"(b) The Secretary shall make the following conveyances to the
Region, in accordance with the specific terms, conditions,
procedures, covenants, reservations, and other restrictions set
forth in the document entitled ' Terms and Conditions for Land
Consolidation and Management in Cook Inlet Area', which was
submitted to the House Committee on Interior and Insular Affaris
on December 10, 1975, and clarified on August 31, 1976, the terms
of which, as calrified, are hereby incorporated herein and
ratified as to the duties and obligations of the United States and
the Region, as a matter of Federal law.".
Sec. 4. (a) The Secretary is authorized th convey lands under
application for selection by Village Corporations within Cook Inlet
Region to the Cook Inlet Region, Incorporated, for reconveyance by the
Region to such Village Corporations. Such lands shall be conveyed as
partial satisfacton of the statutory entitlement of such Village
Corporations from lands withdrawn pursuant to secton 11(a) (3) of the
Alaska Native Claims Settlemetn Act // 43 USC 1610. // (hereinafter, "
The Settlement Act"), and with consent of the Region affected, as
provided in section 12 of the Act of January 2, 1976 (89 Stat. 1145,
1150), from lands outside the boundaries of Cook Inlet Region. This
authority shall not be employed to increase or decrease the statutory
entitlement of any Village Corporation or Cook Inlet Region,
Incorporated. For the purposes of counting acres received in computing
statutory entitlement, the Secretary shall count the number of acres or
acre selections surrendered by Village Corporations in any exchange for
any other lands or selections.
(b) The Secretary shall not be required to survey any land conveyed
pursuant to subsection 4(a) until the Village Corporation entitlement
for all eligible Village Corporations has been conveyed. With respect
to the conveyances made by the Secretary in the manner authorized by
subsection 4(a), the Secretary shall survey the exterior boundaries of
each entire area conveyed to Cook Inlet Region, Incorporated, pursuant
to subsection 4(a) and monument to boundary lines at angle points and
intervals of approximately two miles on straight lines. The Secretary
shall not be required to provide ground survey or monumentation along
meanderable water boundaries. Each township corner located within the
exterior boundary of land conveyed shall be located and monumented. Any
areas within such tracts that are to be reconveyed pursuant to section
14(C)(1) and (2) or the Settlement Act // 43 USC 1613. // shall also be
surveyed pursuant to 43 C.F.R. 2650.
(c) Conveyances made under the authority of subsection (a) of this
section shall be considered conveyances under the Settlement Act // 43
USC 1601. // and subject to the provisions of that Act, except as
provided by this Act.
Sec. 5. (a) The Secretary shall, within sixty days after the
effective date of this Act, tender conveyances of the land described in
subsection (b), subject to valid existing rights, to Cook Inlet Region,
Incorporated. If the conveyance is accepted by the Region, such lands
shall be considered 1,687.2 acre-equivalents within the meaning of
paragraph I( C)(2)(e)(iii) of the Terms and Conditions as clarified I(
C) August 31, 1976, and the Secretary's obligations under paragraph I(
C) of those Terms and Conditions will be reduces accordingly. If,
however, said section 12 of the Act of January 2, 1976, does not take
effect then the entitlement of Cook Inlet Region, Incorporated, under
section 12(c) shall be reduced by 8,346 acres.
(b) The land referred to in subsection (a) is described as a parcel
of land located in section 7 of township 13 north, range 2 west of the
Seward Meridian, Third Judicial District, State of Alaska; said parcel
being all of Government lots 5 and 7 and that portion of the SE1/4 NW1/
4 lying north of the north right-of-way line of the Glenn Highway, State
of Alaska, Department of Highways Project No. F - 042 - 1 (2), and more
particularly described as follows:
" Commencing at the north quarter corner of said section 7;
"thence south 00 degrees 12 minutes east, a distance of 1,320.0
feet, more or less, to the northeast corner of said southeast
quarter northwest quarter;
"thence west along the north line of southeast quarter
northwest quarter a distance of 94.0 feet, more or less, to the
north right-of-way line of the Glenn Highway and the true point of
beginning;
"thence south 53 degrees 16 minutes 15 seconds west along said
north right-of-way line, a distance of 1,415.0 feet, more or less,
to a point of curve being at right angles to centerline Station
216 plus 51.35;
"thence continuing along said north right-of-way line along a
curve to the right with a central angle of 12 degrees 51 minutes
34 seconds, having a radius of 5,595.58 feet for an arc distance
of 105.0 feet, more or less, to a point of intersection of said
north right-of-way line with the west line of said southeast
quarter northwest quarter;
"thence north 00 degrees 12 minutes west along said west line,
being common with the east line of Government lot 5, a distance of
910.0 feet, more or less, to the northwest corner of said
southeast quarter northwest quarter;
"thence east along the north line of said southeast quarter
northwest quarter, a distance of 1,225.0 feet, more or less, to
the point of beginning; containing 56.24 acres, more or less.".
LEGISLATIVE HISTORY:
SENATE REPORT No. 94 - 1170 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol 122 (1976):
Sept. 1, considered and passed Senate.
Sept. 23, considered and passes House.
PUBLIC LAW 94-454, 90 STAT, 1518
94th Congress, H.R. 13549
October 2, 1976
An Act
To provide for additional income for the United States Soldiers' and
Airmen's Home by requiring the Board of Commissioners of such home to
collect a fee from the members of such home and by increasing deductions
for the support of such home from the pay of enlisted men and warrant
officers, and for other purposes.
Be in enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 24 USC 44b. // That
the Board of Commissioners of the United States Soldiers' and Airmen's
Home shall collect from members of the home a fee which may be used
solely for the operation of the home. The amount of the fee shall be
determined by the Board of Commissioners on the basis of financial needs
of the home and the ability of the members to pay, but in no case may
the fee collected in any month in the case of any member exceed an
amount equal to 25 per centum of the monthly--,
(1) military retires pay paid to such member;
(2) civil service annuity paid to such member where such
annuity is based in part on years of military service;
(3) disability compensation or pension paid to such member by
the Veterans' Administration; or
(4) military retired pay and disability compensation or pension
where such member is receiving both retired pay and disabilty
compensation or pension.
Sec. 2. // 24 USC 44c. // (a) There shall be deducted each month
from the pay of each enlisted man and warrant officer on the active list
of the Regular Army and Regular Air Force a sum not to exceed 50 cents
which shall be deposited to the credit of the permanent fund, United
States Soldiers' and Airmen's Home (trust fund) in the Treasury of the
United States. The sums to be deducted shall be fixed from time to
time, within the limit prescribed above, by the Secretary of the Army
and the Secretary of the Air Force in consultation with the Board of
Commissioners of such home so as to meet the annual operating
requirements of such home. Such sums may be fixed at different amounts
for such enlisted men and warrant officers on the basis of grade or time
in service, or both, except that the sums fixed shall be the same for
both the Army and Air Force.
(b) The Act entitled " An Act to provide further for the maintenance
of United States Soldiers' Home", approved February 13, 1936 (49 Stat.
1137; 24 U.S.C. 44a), is repealed.
Sec. 3. // 24 USC 41 note. // (a) The Comptroller General of the
United States shall conduct a study of the operations of the United
States Soldiers' and Airmen's Home with a view to determining the
short-and long-term financial needs of such home, the appropriate
functions of such home, and the operating efficiency of such home.
(b) The Comptroller General shall transmit the results of such study
to the Committees on Armed Services of the Senate and the House of
Representatives on or before August 1, 1977, together with such comments
and recommendations as he deems appropriate.
Sec. 4. The Act of August 29, 1974 (Public Law 93 - 397; 10 U.S.C.
8202 note), is amended by striking out "through September 30, 1976" and
inserting in place thereof "through September 30, 1978".
Approved October 2, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1136 (Comm. on Armed Services).
SENATE REPORT No 94 - 1238 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 18, considered and passed
House. Sept. 20, considered and passed Senate, amended. Sept. 23,
House agreed to Senate amendments.
PUBLIC LAW 94-453, 90 STAT, 1516
94th Congress, H.R. 11722
October 2, 1976
An Act
To amend title 18 fo the United States Code to prohibit deprivation of
employment or other benefit for political contribution, 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 601 of
title 18 of the United States Code is amended to read as follows:
" Sec. 601. Deprivation of employment or other benefit
for political
contribution
"(a) Whoever, directly or indirectly, knowingly causes or attempts to
cause any person to make a contribution of a thing of value (including
services) for the benefit of any candidate or any political party, by
means of the denial or deprivation, or the threat of the denial or
deprivation, of--,
"(1) any employment, position, or work in or for any agency or
other entity of the Government of the United States, a State, or a
political subdivision of a State, or any compensation or benefit
of such employment, position, or work; or
"(2) any payment or benefit of a program of the United States,
a Stae, or a political subdivision of a State;
if such employment, position, work, compensation, payment, or benefit is
provided for or made possible in whole or in part by an Act of Congress,
shall be fined not more than $10,000, or imprisoned not more than one
year, or both.
"(b) As used in this section--,
"(1) the term 'candidate' means an individual who seeks
nomination for election, or election, to Federal, State, or local
office, whether or not such individual is elected, and, for
purposes of this paragraph, an individual shall be deemed to seek
nomination for election, or election, to Federal, State, or local
office, if he has (A) taken the action necassary under the law of
a State to qualify himself for nomination for election, or
election, or (B) received contributions or made expenditures, or
has given his consent for any other persons to receive
contributions or make expenditures, with a view to bringing about
his nomination for election, or election, to such office;
"(2) the term 'election' means (A) a general, special primary,
or runoff election, (B) a convention or caucus of a political
party held to nominate a candidate, (C) a primary election held
for the selection of delegates to a nominating convention of a
political party, (D) a primary election held for the expression of
a preference for the nomination of persons for election to the
office of President, and (E) the election of delegates to a
constitutional convention for proposing amendments to the
Constitution of the United States or of any State; and
"(3) the term ' State' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or any
territory of possession of the United States.".
Sec. 2. The item relating to section 601 in the table of sections
for chapter 29 of title 18 of the United States Code is amended to read
as follows:
"601. Deprivation of employment or other benefit for political
contribution.".
Sec. 3. Section 600 of title 18 of the United States Code is amended
by striking out "$1,000" and inserting "$10,000" in lieu thereof.
Sec. 4. (a) Chapter 13 of title 18 of the United States Code is
amended by adding at the end the following new section:
" Sec. 246.
// 18 USC 246. //
deprivation of relief benefits
" Whoever directly or indirectly deprives, attempts to deprive, or
threatens to deprive any person of any employment, position, work,
compensation, or other benefit provided for or made possible in whole or
in part by any Act of Congress appropriating funds for work relief or
relief purposes, on account of political affiliation, race, color, sex,
religion, or national origin, shall be fined not more than $10,00 or
imprisoned not more than one year, or both.".
(b) The table of sections for chapter 13 of title 18 of the United
States Code is amended by adding at the end thereof of following new
item: "246. Deprivation of relief benefits.".
Approved October 2, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 986 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 1245 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 5, considered and passed
House. Sept. 21, considered and passed Senate, amended. Sept. 22,
House concurred in Senate amendments.
PUBLIC LAW 94-452, 90 STAT, 1503
94th Congress, H.R. 11997
October 2, 1976
An Act
To amend the Internal Revenue Code of 1954 with respect to the tax
treatment of certain divestitures of assets by bank holding companies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the " Bank Holding Company Tax Act of 1976".
// 26 USC 1101 note. //
SEC. 2. DISTRIBUTIONS PURSUANT TO BANK HOLDING
COMPANY ACT
AMENDMENTS OF 1970.
(a) Tax-Free Distributions.--Part VIII of subchapter O of chapter 1
of the Internal Revenue Code of 1954 (relating to distributions pursuant
to Bank Holding Company Act of 1956) // 12 USC 1841 note. // is amended
to read as follows:
" PART VIII-- DISTRIBUTIONS PURSUANT TO BANK HOLDING COMPANY ACT
" Sec. 1101. Distributions pursuant to Bank Holding
Company Act.
" Sec. 1102. Special rules.
" Sec. 1103. Definitions.
" SEC. 1101.
// 26 USC 1101. // DISTIRBUTIONS PURSUANT TO BANK HOLDING COMPANY ACT.
"(a) Distributions of Certain Non-Banking Property.--,
"(1) Distributions of PROHIBITED PROPERTY.-- If--,
"(A) a qualified bank holding corporation distributes
prohibited property (other than stock received in an exchange to
which subsection (c)(2) applies)--,
"(i) to a shareholder (with respect to its stock held by such
shareholder), without the surrender by such shareholder of stock
in such corporation, or
"(ii) to a shareholder, in exchange for its preferred stock or
"(iii) to a security holder, in exchange for its securities,
and
"(B) the Board has, before the distribution, certified that the
distribution of such prohibited property is necessary or
appropriate ot effectuate section 4 of the Bank Holding Company
Act,
then no gain to the shareholder or security holder from the receipt of
such property shall be recognized.
"(2) Distributions of stock and securities received in an exchange to
which subsection (c)(2) applies.--If--,
"(A) a qualified bank holding corporation distributes
"(i) common stock received in an exchange to which subsection
(c)(2) applies to a shareholder (with respect to its stock held by
such shareholder), without the surrender by such shareholder of
stock in such corporation, or
"(ii) common stock received in an exchange to which subsection
(c)(2) applies to a shareholder, in exchange for its common stock,
or
"(iii) preferred stock or common stock received in an exchange
to which subsection (c)(2) applies to a shareholder, in exchange
for its preferred stock, or
"(iv) securities or preferred or common stock received in an
exchange to which subsection (c)(2) applies to a security holder
in exchange for its securities, and
"(B) any preferred stock received has substantially the same
terms as the preferred stock exchanged, and any securities
received have substantially the same terms as the securities
exchanged,
then, except as provided in subsection (f), no gain to the shareholder
or security holder from the receipt of such stock or such securities or
such stock and securities shall be recognized.
"(3) Pro rata and other requirements.--,
"(A) In GENERAL.-- Paragraphs (1) and (2) of this subsection,
or paragraphs (1) and (2) of subsection (b), as the case may be,
shall apply to any distribution to the shareholders of a qualified
bank holding corporation only if each distribution--,
"(i) which is make by such corporation to its shareholders
after July 7, 1970, and on or before the date on which the Board
makes its final certification under subsection (e), and
"(ii) to which such paragraph (1) and (2) applies (determined
without regard to this paragraph), meets the requirements of
subparagraph (B), (C), or (D).
"(B) Pro rata requirements.--A distribution meets the
requirements of this subparagraph if the distribution of pro rata
with respect to all shareholders of the distributing qualified
bank holding corporation or with respect to all shareholders of
common stock of such corporation.
"(C) Redemptions when uniform offer is made.--A distribution
meets the requirements of this subparagraph if the distribution is
in exchange for stock of the distributing qualified bank holding
corporation and such distribution is pursuant to a good faith
offer made on a uniform basis to all shareholders of the
distributin qualified bank holding corporation or to all
shareholders of common stock of such corporation.
"(D) Non-pro rata distributions form certain closely-held
corporations.--A distribution meets the requirements of this
subparagraph if such distribution is made by a qualified bank
holding corporation which does not have more than 10 shareholders
(within the meaning of section 1371
// 26 USC 1371. // (a)(1))
and does not have as a shareholder a person (other than an estate)
which is not an individual, and if the Board (after consultation
with the Secretary or his delegate) certifies that--,
"(i) a distribution which meets the requirements of
subparagraph (B) or (C) is not appropriate to effectuate section 4
or the policies of the Bank Holding Company Act,
// 12 USC 1843. //
and
"(ii) the distribution being made is necessary or appropriate
ot effectuate section 4 of the policies of such Act.
"(4) Exception.--This subsection shall not apply to any distribution
by a corporation if such corporation, a corporation having control of
such corporation, or a subsidiary of such corporation has made any
distrubution pursuant to subsection (b) or has made an election under
section 6158 with respect to bank property (as defined in section 6158(
f)(3)).
"(5) Distributions involving gift or compensation.--In the case of a
distribution to which paragraph (1) or (2) applies but which--,
"(A) results in a gift, see section 2501
// 26 USC 2501. //
following, or
"(B) has the effect of the payemtn of compensation, see section
61.
// 26 USC 61. //
"(b) Corporation Ceasing To Be a Bank Holding Company.--,
"(1) Distributions of property which cause a corporation to be
a bank holding company.--If--,
"(A) a qualified bank holding corporation distributes property
(other than stock received in an exchange to which subsection
(c)(3) applies)--,
"(i) to a shareholder (with respect to its stock held by such
shareholder), without the surrender by such shareholder of stock
in such corporation, or
"(ii) to a shareholder, in exchange for its preferred stock, or
"(iii) to a security holder, in exchange for its securities,
and
"(B) the Board has, before the distribution, certified that--,
"(i) such property is all or part of the property by reason of
which such corporation controls (within the meaning of section 2(
a) of the Bank Holding Company Act) USC 1841. // a bank or bank
holding company, or such property is part of the property by
reason of which such corporation did control a bank or a bank
holding company before any property of the
d same kind was
distributed under this subsection or exchanged under subsection
(c)(3), and
"(ii) the distribution is necessary of appropriate to
effectuate the policies of such Act,
then no gain to the shareholder or security holder from the receipt of
such property shall be recognized.
"(2) Distributions of stock and securities received in an exchange to
which subsection (c)(3) applies.--If--,
(A) a qualified bank holding corporation distributes--,
"(i) common stock received in an exchange to which subsection
(c)(3) applies to a shareholder (with respect to its stock held by
such shareholder), without the surrender by such shareholder of
stock in such corporation, or
"(ii) common stock received in an exchange to which subsection
(c)(3) applies to a shareholder in exchange for its common stock,
or
"(iii) preferred stock or common stock received in an exchange
to which subsectoin (c)(3) applies to a shareholder, in exchange
for its preferred stock, or
"(iv) securities or preferred or common stock received in an
exchange to which subsection (c)(3) applies to a security holder,
in exchange for its securities, and
"(B) and preferred stock received ahs substantially the same
terms as the preferred stock exchanged, and any securities
received have substantially the same terms as the securities
exchanged.
then, except as provided in subsection (f), no gain to the shareholder
or security holder from the receipt of such stock or such securities or
such stock and securities shall be recognized
"(3) Pro rata and other requirements.--For pro rata and other
requirements, see subsection (a)(3).
"(4) Exception.--This subsection shall not apply to any distribution
by a corporation if such corporation, a corporation having control of
such cororation, or a subsidiary of such corporation has made by any
distribution pursuant to subsection (a) or has made an election under
section 6158 with respect to prohibited property.
"(5) Distributions involving gift or compensation.--In the case of a
distribution to which paragraph (1) or (2) applies but which--,
"(A) results in a gift, see section 2501 USC 2501. // and
following, or
"(B) has the effect of the payment of compensation, see section
61.
// 26 USC 61. //
"(c) Property Acquired After July 7, 1970.--,
"(1) In general.--Except as provided in paragraphs (2) and (3),
subsection (a) or (b) shall not apply to--,
"(A) any property acquired by the distributing corporation
after July 7, 1970, unless (i) gain to such corporation with
respect to the receipt of such property was not recognized by
reason of subsection (a) or (b), or (ii) such property was
received by it in exchanged for all of its stock in an exchange to
which paragraph (2) or(3) applies, or (iii) such property was
acquired by thedistributing corporation in a transaction in which
gain was not recognized under section 305(a) or section 332, or
under section 354 or 356 (but only
with rwith respect to property permittedc by section 354 or 356 // 26
USC 305, 322, 354, 356. //
to be received without the recognition or gain or loss) with
repect ot a reorganization described in section 368(a)(1) (A),
(B), (E) or (F),
// 26 USC 368. //
or
"(B) any property which was acquired by the distributing
corporation in a distribution with respect to stock acquired by
such corporation after July 7, 1970, unless such stock was
acquired by such corporation (i) in a distribution (with respect
to stock held by it on July 7, 1970, or with respect to stock in
respect of which all previous applications of this clause are
satisfied) with respect to which gain to it was not recognized by
reason of subsection (a) or (b), or (ii) in exchange for all of
its stock in an exchange to which paragraph (2) or (3) applies, or
(iii) in a transaction in which gain was not recognized under
section 305(a) or section 332, or under section 354 or 356 (but
only with respect to property permitted by seciton 354 or 356 to
be received without the recognition of gain or loss) with respect
to a reorganization described in section 368(a)(1) (A), (B), (E),
or (F), or
"(C) any property acquired by the distributing corporation in a
transaction in which gain was not recognized under section 332,
// 26 USC 332. //
unless such property was acquired from a corporation which, if it
had been a qualified bank holding corporation, could have
distributed such property under subsection (a)(1) or (b)(1), or
"(D) any property acquired by the distributing corporation in a
transaction in which gain was not recognized under section 354 or
356
// 26 USC 354, 356. //
with respect to a reorganization described in section 368(a)(1)
(A) or (B),
// 26 USC 368. //
unless such property was acquired by the distributing corporation
in exchange for property which the distributing corporation could
have distributed under subsection (a)(1) or (b)(1).
"(2) Exchanges involving prohibited property.--If--,
"(A) any qualified bank holding corporation exchanges (i)
property, which, under subsection (a)(1), such corporation could
distribute directly to its shareholders or security holders
without the recognition of gain to such shareholders or security
holders, an other property (except property described in
subsection (b)(1)(B)(i)), for (ii) all of the stock of a second
corporation created and availed of solely for the purpose of
receiving such property,
"(B) immediately after the exchange the qualified bank holding
corporation distributes all of such stock in a manner prescribed
in subsection (a)(2)(A), and
"(C) before such distribution, the Board has certified (with
respect to the property exchanged which consists of property
which, under subsection (a)(1), such corporation could distribute
directly to its shareholders or security holders without the
recognition or gain) that the exchange and distribution are
necessary or appropriate to effectuate section 4 of the Bank
Holding Company Act,
// 12 SUC 1843. // then paragraph (1) shall not apply with respect to
such distribution.
"(3) Exchanges involving interests in banks.--If--,
"(A) any qualified bank holding corporation exchanges (i)
property which, under subsection (b)(1), such corporation could
distribute directly to its shareholders or security holders with
out the recognition of gain to such shareholders or security
holders, and other property (except prohibited property), for (ii)
all of the stock of a second corporation created and availed of
solely for the prupose of receiving such property.
"(B) immediately after the exchange, the qualified bank holding
corporation distributes all of such stock in a manner prescribed
in subsection (b)(2)(A), and
"(C) before such distribution, the Board has certified (with
respect to the property exchanged which consists of property
which, under subsection (b)(1), such corporation could distribute
directly to its shareholders or security holders without the
recognition of gain) that--,
"(i) such property is all or part of the property by reason of
which such corporation controls (within the meaning of section i(
a) of the Bank Holding Company Act)
// 12 USC 1841. //
a bank or bank holding company, or such property is part of the
property by reason of which such cprporation did control a bank or
a bank holding company brfore any property of the same kind was
distributed under subsection (b)(1) or exchanged under this
paragraph, and
"(ii) the exchange and distribution are necessary or
appropriate to effectuate the policies of such Act,
then paragraph (1) shall not apply with respect to such distribution.
"(d) Distributions To Avoid Federal Income Tax.--,
"(1) Prohibited PROPERYT.-- Subsection (a) shall not apply to a
distribution if, in connection with such distribution,
distributing corporation retains, or transfers after July 7, 1970,
to any corporation, property (other than prohibited property) as
part of a plan one of the principal purposes of which is the
distribution of the earnings and profits of any corporation.
"(2) Banking PROPERTY.-- Subsection (b) shall not apply to a
distribution if, in connection with such distribution, the
distributing corporation retains, or transfers after July 7, 1970
to any corporation, property (other than property described in
subsection (b)(1)(B)(i)) as part of a plan one of the principal
purposes of which is the distribution of the earnings and profits
of any corporation.
"(e) Final Certification.--,
"(1) For subsection (a).--Subsection (a) shall not apply with
respect to any distribution by a corporation unless the Board
certifies, before the close of the calendar year following the
calendar year in which the last distribution occurred, that the
corporation has (before the expiration of the period prohibited
property is permitted under the Bank Holding Company Act
// 12 USC 1841 note. //
to be held by a bank holding company) disposed of all of the
property the disposition of which is necessary of appropriate to
effectuate section 4 of the Bank Holding Company Act.
// 12 USC 1843. //
"(2) For SUBSECTION (b).--Subsection (b) shall not apply with
respect to any distribution by a corporation unless the Board
certifies, before the colse of the calendar year following the
calendar year in which the last distribution occurred, that the
corporation has (before the expiration of the period prohibited
property is permitted under the Bank Holding Company Act to be
held by a bank holding company) ceased to be a bank holding
company.
"(f) Certain Exchanges of Securities.--In the case of an exchange
described in subsection (a)(2)(A)(iv) or subsection (b)(2)(A)(iv),
subsection (a) or subsection (b) (as the case may be) shall apply only
to the extent that the principle amount of the securities received does
not exceed the principal amount of the securities exchanged.
" SEC. 1102.
// 26 USC 1102. //
SPECIAL RULES.
"(a) Basis of Property Acquired in Distributions.--If, by reason of
section 1101, gain is not recognized with respect to the receipt of any
property, then, under regulations prescribed by the Secretary or his
delegate--,
"(1) if the property is received by a shareholder with respect
to stock without the surrender by such shareholder of stock, the
basis of the property received and of the stock with respect to
which it is distributed shall, in the distributee's hands, be
determined by allocating between such properyt and such stock the
adjusted basis of such stock, or
"(2) if the property is received by a shareholder in exchange
for stock or by a security holder in exchange for securities, the
basis of the property received shall, in the distributee's hands,
be the same as the adjusted basis of the stock or securities
exchanged, increased by the amount of gain to the taxpayer
recognized on the property received.
"(b) Periods of Limitation.--The periods of limitaiton provided in
section 6501 // 26 USC 6501. // (relating to limitations on assessment
and collection) shall not expire, with respect to any deficiency
(including interest and additions to the tax) resulting solely from the
receipt of property by shareholders in a distribution which is certified
by the Board under subsection (a), (b) or (c) of section 1101, until 5
years after the distributing corporation notifies the Secretary or his
delegate (in such manner and with such accompanying information as the
Secretary or his delegate may by regulations prescribe)--,
"(1) that the final certification will not be made; section
1101 has been made, or
"(2) that such final certification will not be made;
and such assessment may be made notwithstqanding any provision of law or
rule of law which would otherwise prevent such assessment.
"(c) Allocation of Earnings and Profits.--,
"(1) Distribution of stock in a controlled corporation.--In the
case of a distribution by a qualified bank holding corporation
under section 1101 (a)(1) or (b)(1) of stock in a controlled
corporation, proper allocation with respect to the earning and
profits of the distributing corporation and the controlled
corporation shall be made under regulations prescribed by the
Secretary or his delegate.
"(2) Exchanges described in seciton 1101(c)(2) of (3).--In the
case or any exchange described in section 1101(c) (2) or (3),
proper allocation with respect to the earnings and profits of the
corporation transferring the property and the cprporation
receiving such property shall be made under regulations prescribed
by the Secretary or his delegate.
"(3) Definition of controlled corporation.--For purposes of
paragraph (1), the term 'controlled corporation' means a
corporation with respect to which at least 80 percent of the total
combined voting power of all classes of stock entitled to vote and
at least 80 percent of the total number of shares of all other
classes of stock is owned by the distributing qualified bank
holding corporation.
"(d) Itermization of Property.--In any certification under this part,
the Board shall make such specification and itemization of property as
may be necessary to carry out the provisions of this part.
" SEC. 1103.
// 26 USC 1103. //
DEFINITIONS.
"(a) // 12 USC 1841 note. // Bank Holding Company; Bank Holding
Company Act.--, For purpose of this part--,
"(1) Bank holding company.--The term 'bank holding company'
means--,
"(A) a bank holding company within the meaning of section 2(a)
of the Bank Holding Company Act,
// 12 USC 1841. //
or
"(B) a bank holding company subsidiary within the meaning of
section 2(d) of such Act.
"(2) Bank holding company act.--The term ' Bank Holding Company
Act' means the Bank Holding Company Act of 1956, as amended
through December 31, 1970 (12 U.S.C. 1841 et seq.).
"(b) Qualified Bank Holding Corporation.--,
"(1) In general.--Except as provided in paragraph (2), for
purposes of this part the term 'qualified bank holding
corporation' means any corporation (as defined in section 7701(
a)(3))
// 26 USC 7701. //
which is a bank holding company and which holds prohibited
property acquired by it--,
"(A) on or before July 7, 1970,
"(B) in a distribution in which gain to such corporation with
respect to the receipt of such property was not recognized by
reason of subsection (a) or (b) of section 1101, or
"(C) in exchange for all of its stock in an exchange described
in section 1101 (c)(2) or (c)(3).
"(2) Limitations.--,
"(A) A bank holding company shall not be a qualified bank
holding corporation, unless it would have been a bank holding
company on July 7, 1970, if the Bank Holding Company Act
Amendments of 1970
// 12 USC 1841 note. //
had been in effect on such date, or unless it is a bank holding
company determined solely by reference to--,
"(i) property acquired by it on or before July 7, 1970,
"(ii) property acquired by it in a distribution in which gain
to such corporation with respect to the receipt of such preperty
was not recognized by reason of subsection (a) or (b) section
1101, or
"(iii) property acquired by it in exchange for all of its stock
in an exchange described in section 1101(c) (2) or (3). For
purposes of this subparagraph, property held by a corporation
having control of the corporation or by a subsidiary of the
corporation shall be treated as held by the corporation.
"(B) A bank holding company shall not be a qualified bank
holding corporation by reason of property described in
subparagraph (B) of paragraph (1) or clause (ii) of subparagraph
(A) of this paragraph, unless such property was acquired in a
distribution with respect to stock, which stock was acquired by
such bank holding company--,
"(i) on or before July 7, 1970,
"(ii) in a distribution (with respect to stock held by it on
July 7, 1970, or with respect to stock in respect by which all
previous applications of this clause are satisfied) with respect
to which gain to it was not recognized by reason of subsection (a)
or (b) of section 1101, or
"(iii) in exchange for all its stock in an exchange described
in section 1101(c) (2) or (3).
"(C) A corporation shall be treated as a qualified bank holding
corporation only if the Board certifies that it satisfies the
foregoing requirements of this subsection.
"(3) Certain successor corporation.--For purposes of this
subsection, a sucessor corporation in a reorganization described
in section 368(a)(1)(F)
// 26 USC 368. //
shall suceed to the status of its predecessor corporation as a
qualified bank holding corporation.
"(c) Prohibited Property.--For purposes of this part, the term
'prohibited property' means, in the case of any bank holding company,
property (other than nonexempt property) the disposition of which would
be necessary or appropriate to effectuate section 4 of the Bank Holding
Company Act // 12 USC 1843. // if such company continued to be a bank
holding company beyond the period (including any extensions thereof)
specified in subsection (a) of such section. The term 'prohibited
property' also includes shares of any company not in excess of 5 percent
of the outstanding voting shares of such company if the prohibitions of
section 4 of such Act apply to the shares of such company in excess of
such 5 percent.
"(d) Nonexempt Property.--For purposes of this part, the term
'nonexempt property'means--,
"(1) obligations (including notes, drafts, bills of exchange,
and bankers' acceptances) having a maturity at the time of
issuance of not exceeding 24 months, exclusive of days of grace,
"(2) securities issued by or guaranteed as to principal or
interest by a government or subdivision thereof or by any
instrumentality of a government or subdivision, or
"(3) money, and the right to receive money not evidenced by a
security or obligation (other than a security or obligation
described in paragraph (1) or (2).
"(e) Board.--For purposes of this part, the term ' Board' means the
Board of Governors of the Federal Reserve System.
"(f) Control; Subsidiary.--For purposes of this part--,
"(1) Control.--Except as provided in section 1102(c)(3), a
corporation shall be treated as having control of another
corporation if such corporation has control (within the meaning of
section 2(a)(2) of the Bank Holding Company Act)
// 12 USC 1841. //
of such other corporation.
"(2) Subsidiary.--The term 'subsidiary' has the meaning given
to such term by section 2(d) of the Bank Holding Company Act.
"(g) Election To Forego Grandfather Provison for All Property
Representing Pre-June 30, 1968, Activities.--Any bank holding company
may elect, for purposes of this part and section 6158, to have the
determination of whether property is property described in subsection
(c) or is property eligible to be distributed without recognition of
gain under section 1101(b)(1) made under the Bank Holding Company Act as
if such Act did not contain the proviso of section 4(a)(2) thereof. Any
election under this subsection shall apply to all property described is
such proviso and shall be made at such time and in such manner as the
Secretary or his delegate may by regulations prescribe. Any such
election, once made, shall be irrevocable. An election under this
subsection or subsection (h) shall not apply unless the final
certification referred to in section 1101(e) or section 6158(c)(2), as
the case may be, includes a certification by the Board that the bank
holding company has disposed of either all banking property or all
nonbanking property.
"(h) Election To Divest All Banking or Nonbanking Property in Case of
Certain Closely Held Bank Holding Companies.--Any bank holding company
may elect, for purposes of this part and section 6158, to have the
determination of whether property is property described in subsection
(c) or is property eligible to be distributed without recognition of
gain under section 1101(b)(1) made under the Bank Holding Company Act.
// 12 USC 1843. // Any election under this subsection shall apply to
all property described in subsection (c), or to all property eligible to
be distributed without recognition of gain under section 1101(b)(1), as
the case may be, and shall be made at such time and in such manner as
the Secretary or his delegate may by regulations prescribe. Any such
election, once made, shall be irrevocable."
(b) Amendment of Section 311 // 26 USC 311. // (d).--Paragraph (2)
of section 311(d) of such Code (relating to exceptions and limitations
to the recognition of gain where appreciated property is used to redeem
stock) is amended by striking out "and" at the end of subparagraph (F),
by striking out the period at the end of subparagraph (G) and inserting
in lieu thereof "; and", and by adding at the end thereof the following
new subparagraph:
"(H) a distribution of stock to a distributee which in not an
organization exempt from tax under section 501(a),
// 26 USC 501. //
if with respect to such distributee, subsection (a)(1) or (b)(1)
of section 1101 (relating to distributions pursuant to Bank
Holding Company Act) applies to such distribution."
(c) Clerical Amendment.--The table of parts for subchapter O of
chapter 1 of such Code is amended by striking out "of 1956".
(d) // 26 USC 1101 note. // Effective Date.--,
(1) For SUBSECTION (a).--The amendments made by subsections (a)
and (c) shall take effect on October 1, 1977, with respect to
distributions after July 7, 1970, in taxable years ending after
July 7, 1970, but only in the case of qualified bank holding
corporations (within the meaning of section 1103(b) of the
Internal Revenue Code of 1954, as amended by subsection (a) of
this section).
(2) Special rule for certifying distributions which have have
already taken place.--For purposes of secitons 1101(a)(1) (B),
1101(a)(3)(D), 1101(b)(1)(B), 1101(c)(2)(C), 1101(c)(3) (C), and
1101(e) of this seciton), in the case of any distribution which
takes place on or brfore the 90th day after the date of the
enactment of this Act, a certification by the Federal Reserve
Board described in any such section shall be treated as
made before the distribution (or, in the case of section 1101(e),
before the close of the calendar year following the calendar year
in which the last distribution occurred) if application for such
certification is made before the colse of the 90th day after the
date of the enactment of this Act.
(3) Period of limitations.--If refund or credit of any
overpayment of income tax attributable to the amendment made by
subsection (a) is prevented at any time before October 1, 1978, by
the operation of any law or rule of law, refund or credit of such
overpayment may, nevertheless, be made or allowed of claim
therefor is filed before October 1, 1978.
(4)
// 26 USC 311 note. // For subsection (b).--The amendment made by
subsection
(b) shall take effect on October 18 1977, with respect to
distributions after December 31, 1975, in taxable years ending
after December 31, 1975.
SEC. 3. INSTALLMENT PAYMENT OF TAX.
(a) Installment Payment.--Subchapter A of chapter 62 of the Internal
Revenue Code of 1954 (relating to place and due date for payment of tax)
is amended by adding at the end thereof the following new section:
" SE. 6158.
// 26 USC 6158. //
INSTALLMENT PAYMENT OF TAS ATTRIBUTABLE TO
DIVESTITURES PURSUANT TO BANK HOLDING COMPANY
ACT AMENDMENTS OF 1970.
"(a) Election of Extension.--If, after July 7, 1970, a qualified bank
holding corporation sells bank property or prohibited property, the
divestiture of either of which the Board certifies, before such sale, is
necessary or appropriate to effectuate section 4 or the policies of the
Bank Holding Company Act, // 12 USC 1843. // the tax under chapter 1
attributable to such sale shall, at the election of the taxpayer, be
payable in equal annual installments beginning with the due date
(determined without extension) for the taxpayer's return of tax under
chapter 1 for the taxable year in which the sale occurred and ending
with the corresponding date in 1985. If the number of installments
determined under the preceding sentence is less than 10, such number
shall be increased to 10 equal annual installments which begin as
provided in the preceding sentence and which end on the corresponding
date 10 years later. An election under this subsection shall be made at
such time and in such manner as the Secretary or his delegate may by
regulations prescribe.
"(b) Limitations.--,
"(1) Treatment not available to taxpayer for both bank property
and prohibited property.--This section shall not apply to any sale
of prohibited property if the taxpayer (or a corporation having
control of the taxpayer or a subsidiary of the taxpayer) has made
an election under subsection (a) with respect to bank property or
has made any distribution pursuant to section 1101(b). This
section shall not apply to bank property if the taxpayer (or a
corporation having control of the taxpayer or a subsidiary of the
taxpayer) has made an election under subsection (a) with respect
to prohibited property or has made any distribution prusuant to
section 1101(a).
// 26 USC 1101. //
"(2) Treatment not available for certain installment sales.--
No election may be made under subsection (a) with respect to a
sale if the income from such sale is being returned at the time
and in the manner provided in section 453
// 26 USC 453. //
(relating to installment method).
"(c) Acceleration of Payments.--If an election is made under
subsection (a) and before the tax attributable to such sale is paid in
full--,
"(1) any installment under this section is not paid on or
before the date fixed by this section for its payment, or
"(2) the Board fails to make a certification similar to the
applicable certification provided in section 1101(e) within the
time prescribed therein (for this purpose treating the last such
sale as constituting the last distribution),
then the extension of time for payment of tax provided in this section
shall cease to apply, and any portion of the tax payable in installments
shall be paid on notice and demand from the Secretary or his delegate.
"(d) Proration of Deficiency to Installments.--If an election is made
under subsection (a) and a deficiency attributable to the sale has been
assessed, the deficiency shall be prorated to such installments. The
part of the deficiency so prorated to any installment the date for
payment of which has not arrived shall be collected at the same time as,
and as part of, such installment. The part of the deficiency so
prorated to any installment the date for payment of which has arrived
shall be paid on notice and demand from the Secretary or his delegate.
This subsection shall not apply if the deficiency is due to negligence,
to intentional disregard of rules and regulations, or to fraud with
intent to evade tax.
"(e) Bond May Be Required.--If an election is made under this
section, section 6165 // 26 USC 6165l // shall apply as though the
Secretary were extending the time for payment of the tax.
"(f) Definitions.--For purposes of this section--,
"(1) Terms have meanings given to them by section 1103.--, The
terms 'qualified bank holding corporation', ' Bank Holding Company
Act', ' Board'; 'control', and 'subsidiary' have the respective
meanings given to such terms by section 1103.
"(2) Prohibited property.--The term 'prohibited property' means
property held by a qualified bank holding corporation which could
be distributed without recognition of gain under section
1101(a)(1).
"(3) Bank property.--The term 'bank property' means property
held by a qualified bank holding corporation which could be
distributed without recognition of gain under section 1101(b)(1).
"(g) Cross References.--,
"(1) Security.--For authority of the Secretary or his delegate
to require security in the case of an extension under this
section, see section 6165. "(2) Period of limitation.--For
extension of the period of limitation in the case of an extension
under this section, see section 6503(i)."
(b) Extension of Time for Collection of Tax.--Section 6503 of such
Code // 29 USC 6503. // (relating to suspension of running of period of
limitation) is amended by redesignating subsection (i) as subsection (j)
and by inserting after subsection (h) the following new subsection:
"(i) Extensin of Time for Collectin Tax Attributable to Divestitures
Pursuatn to Bank Holding Company Act Amendments of 1970.--, // 12 USC
1841 note. // The running of the period of limitations for collection
of the tax attributable to a sale with respect to which the taxpayer
makes an election under section 6158(a) shall be suspended for the
period during which there are any unpaid installments of such tax."
(c) Technical Amendments.--,
(1) The table of sections for subchapter A of chapter 62 of
such Code is amended by adding at the end thereof the following
new item:
" Sec. 6158. Installment payment of tax attributable to
divestitures pursuant
to Bank Holding Company Act Amendments of
1970."
(2) Subsection (a) of section 6151
// 26 USC 6151. //
of such Code (relating to time and place for paying tax shown on
returns) is amended by striking out "section," and inserting in
lieu thereof "subchapter,".
(3) Paragraph (2) of section 6601
// 26 USC 6601. //
(b) of such Code (relating to interest) is amended--, (A) by
striking out "or 6156(a)" and inserting in lieu thereof ", 6156(
a), or 6158(a)",
(B) by striking out "or 6156(b)" and inserting in lieu thereof
", 6156(b), or 6158(a)"; and
(C) by inserting at the end thereof the following new sentence:
" For purposes of subparagraph (A), section 6158(a) shall be
treated as providing that the date prescribed for payment of each
installment shall not be later than the date prescribed for
payment of the 1985 installment."
(d) Applicability to Certain Successor Corporations.-- // 26 USC 1101
note. // If, after July 7, 1970, and before August 1, 1974--,
(1) a corporation acquires substantially all of the properties
of a qualified bank holding corporation (as defined in section
1103(b) fo the Internal Revenue Code of 1954) in a transaction
described in section 368(a)(1)(A)
// 26 USC 368. // and 368 (a)(2)(D), and
(2) the acquiring corporation (or a corporation in control of
the acquiring corporation) acquires beneficial interest in shares
described in section 2(g)(2) of the Bank Holding Company Act (as
defined in section 1103(a)(2) of the Internal Revenue Code of
1954) in a transaction to which seciton 351
// 12 USC 351. //
applies,
then, the acquiring corporation (or a corporation which is in control
(within the meaning of section 2na)(2) of such Act) of the acquiring
corporation or a subsidiary (within the meaning of section 2(d) of such
Act) of the corporation for purposes of section 1103 (b) and 6158 of the
Internal Revenue Code of 1954 and the shares described in such section
2(g)(2) shall be considered property which is acquired by such
corporation, for purposes of section 1101(c)(1)
(A) (iii) of the Internal Revenue Code of 1954, // 26 USC 6158 note.
// after July 7, 1970.
(e) Effective Dates.--,
(1) In general.--The amendments made by this section shall take
effect on October 1, 1977, with respect to sales after July 7,
1970, in taxable years ending after July 7, 1970, but only in the
case of qualified bank holding corporations (within the meaning of
section 1103(b) of the Internal Revenue Code of 1954, as amended
by section 2(a) of the Act).
(2) Special rule for certifying sales which have already taken
place.--For purposes of section 6158(a) of the Internal Revenue
Code of 1954 (as added by subsection (a) of this section) in the
case of any sale which takes place on or before the 90th day after
the date of the enactment of this Act, a certification by the
Federal Reserve Board described in section 6158(a) shall be
treated as made before the sale if application for such
certification is made before the close of the 90th day after the
date of the enactment of this Act.
(3) Refund of tax.--,
(A) In general.--If any tax attributable to a sale which
occurred before October 1, 1977, is payable in annual installments
by reason of an election under section 6158(a) of the Internal
Revenue Code of 1954, any portion of such tax for which the due
date of the installment does not occur before October 1, 1977,
shall, on application of the taxpayer, be treated as an
overpayment of tax.
(B) Interest on overpayments.--For purposes of section 6611(
b), in the case of any overpayment attributable to subparagraph
(A), the date of the overpayment shall be the day which is 6
months after the latest of the following:
(i) the date on which application for refund or credit of such
overpayment is filed,
(ii) the due date prescribed by alw (determined without
extensions) for filing the return of tax under chapter 1 of the
Internal Revenue Code of 1954 for the taxable year the tax of
which is being refunded or credited, or
(iii) the date of the enactment of this Act.
(C) Extension of period of limitations.--If any refund or
credit of tax attributable to the application of subparagraph (A)
is prevented at any time before October 1, 1978, by the operation
of any law or rule of law, refund or credit of such overpayment
may, nevertheless, be made or allowed if claim therefor is filed
before October 1, 1978.
Approved October 2, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 879 (Comm. on Ways and Means).
SENATE REPORT No. 94 - 1192 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 15, considered and
passed House. Sept. 21, considered and passed Senate.
PUBLIC LAW 94-451, 90 STAT, 1502
94th Congress, H.R. 11321
October 2, 1976
An Act
To suspend until July 1, 1978, the duty on certain elbow prostheses if
imported for charitable therapeutic use, or for free distribution, by
certain public or private nonprofit institutions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subpart B of part 1
of the Appendix to the Tariff Schedules of the United States (19 U.S.
C. 1202) is amended by inserting after item 912.05 the following new
item:
"912.07 Externally-powered electric elbow prosthetic devices
for juvenile amputees (provided for item 709.57,
part 2 B, schedule 7), and parts thereof, if imported
solely for charitable therapeutic use, or distribution
free of charge, by any public or private nonprofit
institution
established for educational, scientific, or
therapeutic purposes.. Free No change On or before
06/30/78. "..
Sec. 2. The amendment made by the first section of this Act shall
apply with respect to articles entered, or withdrawn from warehouse, for
consumption on or after the date of te enactment of this Act.
Approved October 2, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1065 (Comm. on Ways and Means).
SENATE REPORT No. 94 - 1174 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 17, considered and passed
House. Sept. 23, considered and passed Senate.
PUBLIC LAW 94-450, 90 STAT, 1501
94th Congress, S. 3095
October 1, 1976
An Act
To increase the protection of consumers by reducing permissible
deviations in the manufacture of articles made in whole or in part of
gold.
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 " Gold Labeling Act of 1976".
Sec. 2. Section of the Act of June 13, 1906 (34 Stat. 260; 15 U.S.
C. 295), is amended--,
(1) by striking out "one-half of one carat" an inserting in
lieu thereof "three one-thousandth parts";
(2) by striking out "; except" and all that follows through
"incased or inclosed" immediately before the first proviso;
(3) by striking out "in the case of any article mentioned in
this section" in the second proviso;
(4) by striking out "in such article" in the second proviso and
inserting in lieu thereof "in an article mentioned in this
section"; and
(5) by striking out "than one carat" in the second proviso and
inserting in lieu thereof "than three one-thousandth parts in the
case of a watchcase or flatware, or than seven one-thousandth
parts, in the case of any other such article,".
Sec. 3. The amendments made by section 2 of this Act shall take
effect five years after the date of enactment of this Act and shall not
apply with respect to any article of merchandise which is sold by any
manufacturer or importer before the effective date of such amendments.
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1617 (Comm. on Interstate and Foreign
Commerce).
SENATE REPORT No. 94 - 812 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 13, considered and passed
Senate. Sept. 20, considered and passed House, amended. Sept. 21,
Senate concurred in House amendment.
PUBLIC LAW 94-449, 90 STAT, 1500
94th Congress, S. 3052
October 1, 1976
An Act
To authorize orientation and language training for families of certain
officers and employees of the Department of Agriculture.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 602 of the
Agricultural Act of 1954, as amended, // 7 USC 1701. // is amended by
adding at the end thereof a new subsection as follows:
"(f) Effective October 1, 1976, the Secretary of Agriculture is
authorized to provide appropriate orientation and language training to
families of officers and employees of the Department of Agriculture in
anticipation of an assignment abroad of such officers and employees or
while abroad pursuant to this Act or other authority: Provided, That
the facilities of the Foreign Service Institute or other Government
facilities shall be used wherever practicable, and the Secretary may
utilize foreign currencies generated under title I of the Agricultural
Trade Development and Assistance Act of 1954, as amended, // 7 USC 1701.
// to carry out the purposes of this subsection in the foreign nations
to which such officers employees, and families are assigned. There are
hereby authorized to be appropriated such sums, not to exceed $50,000
annually, as may be necessary to carry out the purposes of this
subsection: Provided, That for the fiscal year ending September 30,
1977, any appropriations available to the Secretary of Agriculture (not
to exceed $50,000) may be used to carry out the purposes of this
subsection. The Secretary of Agriculture shall submit to the House
Committee on Agriculture and the Senate Committee on Agriculture and
Forestry not later than ninety days after the end of each fiscal year a
detailed report showing activities carried out under the authority of
this subsection during such fiscal year.".
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1158 and No. 94 - 1158, Pt. II both
accompanying H.R. 11868 (Comm. on Agriculture) and No. 94 - 1424 (Comm.
of Conference).
SENATE REPORT No. 94 - 691 (Comm. on Agriculutre and Forestry).
CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 16, considered and
passed Senate. June 7, considred and passed House, amended, in lieu of
H.R. 11868. Sept. 14, House agreed to conference report. Sept. 22,
Senate agreed to conference report.
PUBLIC LAW 94-448, 90 STAT, 1499
94th Congress, S. 2090
October 1, 1976
An Act
To make the provisions of section 1331(e) of title 10, United States
Code, retroactive to November 1, 1953.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That for the purposes of
survivor annuities under subchapter I chapter 73 of title 10, United
States Code, // 10 USC 1331 note. // and under prior corresponding
provisions of law, the provisions of section 1331(e) of such title 10,
// 10 USC 1435. // relating to the date of entitlement to retired pay
under chapter 67 of such title 10, // 10 USC 1331. // shall be
effective as of November 1, 1953.
Sec. 2. // 10 USC 1331 note. // No benefits shall be paid to any
person for any period prior to the date of encatment of this Act as a
result of the enactment of this Act.
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1436, Pt. I (Comm. on Armed Services) and
No. 94 - 1436, Pt. II (Comm. on Appropriations). SENATE REPORT No. 94 -
560 (Comm. on Armed Services).
CONGRESSIONAL RECORD:
Vol. 121 (1975: Dec. 17, considered and passed Senate.
Vol. 122 (1976): Sept. 20, considered and passed House.
PUBLIC LAW 94-447, 90 STAT, 1497
94th Congress, H.R. 15194
October 1, 1976
An Act
Making appropriations for public works employment for the period ending
September 30, 1977, 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 public works employment for the period ending
September 30, 1977, and for other purposes, namely:
TITLE I
CHAPTER I
DEPARTMENT OF COMMERCE
Economic Development Administration
LOCAL PUBLIC WORKS PROGRAM
For expenses necessary to carry out title I of the Public Works
Employment Act of 1976 (Public Law 94 - 369), // 42 USC 6701 note. //
$2,000,000,000: Provided, That not exceed $10,000,000 may be used for
necessary adminsitrative expenses, including expenses for program
evaluation by the Secretary of Commerce.
CHAPTER II
DEPARTMENT OF THE TREASURY
Office of the Secretary
Office of Revenue Sharing
ANTIRECESSION FINANCIAL ASSISTANCE FUND
For payments to State and local governments pursuant to title II of
the Public Works Employment Act of 1976, // 42 USC 6721. //
$312,500,000 for the period July 1, 1976, through September 30, 1976,
and $937,500,000 for the fiscal year 1977, in all, $1,250,000,000, to
remain available until September 30, 1978.
SALARIES AND EXPENSES
For an additional amount for necessary expenses in the Office of
Revenue Sharing, $1,633,000, to remain available until September 30,
1977.
INDEPENDENT AGENCIES
Environmental Protection Agency
CONSTRUCTION GRANTS
For necessary expenses for the fiscal year 1977 to carry out title II
fo the Federal Water Pollution Control Act, // 33 USC 1281. // other
than sections 206, 208, and 209, as authorized by title II of the Public
Works Employment Act of 1976, // 33 USC 1287 note. // $480,000,000, to
remain available until expended.
ABATEMENT AND CONTROL
For an additional amount for fiscal year 1977 for abatement and
control activities, $800,000, to remain available until September 30,
1978.
TITLE II
GENERAL PROVISIONS
Sec. 201. Title II of the Public Works Employment Act of 1976
(PUBLIC Law 94 - 369), // 42 USC 6721. // authorizing foregoing
appropriations, is amended as follows:
(1) // 42 USC 6722. // Section 202(d)(1) is amended by striking out
"and" at the end thereof and inserting in lieu thereof "or".
(2) // 42 USC 6723. // Section 203(c)(3)(C)(ii) is amended by
striking out "thirty days" and inserting in lieu thereof "90 days".
(3) Section 203(c)(4)(E)(ii) is amended by striking out "of Alaskan
Native village" and inserting in lieu thereof "or Alaskan Native
village".
(4) // 42 USC 6724. // Section 204 is amended by striking out
"grants" and inserting in lieu thereof "payments".
(5) // 42 USC 6730. // Section 210(c)(1) is amended by striking out
"and" at the end thereof and inserting in lieu thereof "or".
Sec. 202. No part of any appropriation contained in this Act shall
remain available for obligation beyond September 30, 1977, unless
expressly so provided herein.
This Act may be cited as the " Pulbic Works Employment Appropriations
Act".
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1425 (Comm. on Appropriations) and No. 94 -
1537 (Comm. on Conference).
SENATE REPORT No. 94 - 1185 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 25, considered and
passed House. Sept. 10, considered and passed Senate, amended. Sept.
17, House agreed to conference report. Sept. 22, Senate agreed to
conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 41: Oct.
2, Presidential statement.
PUBLIC LAW 94-446, 90 STAT, 1490
94th Congress, H.R. 15193
October 1, 1976
An Act
Making appropriations for the government of the District of Columbia
and other activities chargeable in whole or in part against the revenues
of said District for the fiscal year ending September 30, 1977, 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 District of Columbia for the fiscal year ending
September 30, 1977, and for other purposes, nemely:
TITLE I- DISTRICT OF COLUMBIA
Federal Payment to the District of Columbia
For payment to the District of Columbia for fiscal year ending
September 30, 1977, $259,797,400, as authorized by the District of
Columbia Self-Government and Governmental Reorganization Act, Public Law
93 - 198 as amended (D.C. Code 47 - 2501d); and $2,707,000 in lieu of
reimbursements for charges for water and water services and sanitary
sewer services furnished to facilities of the United States Government
as authorized by the Act of May 18, 1954 (D.C. Code 43 - 1541 and 1611).
Loans to the District of Columbia for Capital Outlay
For laons to the District of Columbia, as authorized by the District
of Columbia Self-Government and Governmental Reorganization Act, Public
Law 93 - 198, $101,292,000, which together with balances of previous
appropriations for this prupose, shall remain available until expended
and be advanced upon request of the Mayor: Provided, That
notwithstanding any other provision of law, the Mayor is authorized to
accept loans for the District from the United States Treasury, and the
Secretary of the Treasury is authorized to lend the Mayor such sums as
the Mayor may determine are required for financing capital projects for
which appropriations are authorized in this title.
DIVISION OF EXPENSES
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided:
General Operating Expenses
General operating expenses, $84,453,300, of which $799,300 shall be
payable from the revenue sharing trust fund: Provided, That not to
exceed $2,500 for the Mayor and $2,500 for the Chairman of the Council
of the District of Columbia shall be available from this appropriation
for expenditures for official purposes: Provided further, That, for the
purpose of assessing and reassessing real property in the District of
Columbia, $5,000 of this appropriation shall be available able for
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not in excess of $100 per diem: Provided further, That not to exceed
$7,500 of this appropriation shall be available for test borings and
soil investigations: Provided further, That $4,480,700 of this
appropriation (to remain available until expended) shall be available
solely for District of Columbia employees' disability compensation:
Provided further, That not to exceed $325,000 of the appropriation shall
be available for settlement of property damage claims not in excess of
$1,500 each and personal injury claims not in excess of $5,000 each:
Provided further, That not to exceed $50,000 of any appropriations
available to the District of Columbia may be used to match financial
contributions from the Department of Defense to the District of Columbia
Office of Emergency Preparedness for the purchase of civil defense
equipment and supplies approved by the Department of Defense, when
authorized by the Major.
Public Safety
Public safety, including purchase of two hundred and sixty-five
passenger motor vehicles for replacement only (including two hundred and
sixty for police-type use and five for fire-type use without regard to
the general purchase price limitation for the current fiscal year);
$247,160,400, of which $5,530,400, shall be payable from the revenue
sharing trust fund: Provided, That the Police Department is authorized
to replace not to exceed twenty-five passenger carrying vehicles, and
the Fire Department not to exceed five such vehicles annually whenever
the cost of repair to any damaged vehicle exceeds three-fourths the cost
of the replacement: Provided further, That funds appropriated for
expenses under the Criminal Justice Act of 1974 (Public Law 93 - 412)
for fiscal year 1977 shall be available for obligations incurred under
that Act in fiscal year 1975 and fiscal year 1976: Provided further,
That not to exceed $200,000 shall be available from this appropriation
for the Chief of Police for the prevention and detection of crime.
Education
Education, including the development of national defense education
programs, $245,287,700 of which $5,179,800 shall be payable from the
revenue sharing trust fund: Provided, That the District of Columbia
Public Schools are authorized to accept not to exceed thrity-one motor
vehicles for exclusive use in the driver education program: Provided
further, That not to exceed $1,000 for the Superintendent of Schools,
$1,000 for the President of Federal City College, and $1,000 for the
President of Washington Technical Institute shall be available from this
appropriation for expenditures for offical purpose.
Recreation
Recreation, $17,674,400 of which $208,200 shall be payable from the
revenue sharng trust fund.
Human Resources
Human Resources, including care and treatment of indigent patients in
institutions under contracts to be made by the Director of the
Department of Human Resources, $268,475,600, of which $6,520,000 shall
be payable from the revenue sharing trust fund: Provided, That the
inpatient rate under such contracts shall not exceed $76 per diem and
the outpatient rate shall not exceed $12 per visit, and the inpatient
rate (excluding the proportionate share for repairs and construction)
for services rendered by Saint Elizabeths Hospital for patient care
shall be $25.18 per diem: Provided further, That totla reimbursements
to Saint Elizabeths Hospital, including funds from title XIX of the
Social Security Act, shall not exceed the amount for the fiscal year
1970: Provided further, That the hospital rates specified herein shall
not apply, begining July 1, 1969, to srvices provided to patients who
are eligible for such services under the District of Columbia plan for
medical assistance under title XIX of the Social Security Act: Provided
further, That this appropriation shall be available for the furnishing
of medical assistance to individuals sixty-five years of age or older
who are residing in the District of Columbia: Provided further, That
$13,733,000 of this appropriation shall be available for care and
treatment of the mentally retarded at Forest Haven.
Transportation
Transportation, including rental of one passenger-carrying vehicle
for use by the Mayor, $54,182,600, of which $6,262,300 shall be payable
from the revenue sharing trust fund: Provided, That this appropriation
shall not be available for the purchase of driver-training vehicles.
Environmental Services
Enviornmental services, $69,036,000 of which $1,500,000 shall be
payable from the revenue sharing trust fund: Provided, That this
appropriation shall not be available for collecting ashes of
miscellaneous refuse from hotels and places of business or from
apartment houses with four or more apartments, or from any building or
connected group of buildings operating as a rooming or boarding house as
defined in the housing regulations of the District of Columbia.
Personal Services
For pay increases and related costs for police officers, firefighters
and teachers, to be transferred by the Mayor of the District of Columbia
to the appropriations for the fiscal year 1977 from which said employees
are properly payable, $16,245,000.
Settlement of Claims and Suits
For payment of property damage claims in excess of $500 and of
personal injury claims in excess of $1,000, approved by the Mayor in
accordance with the provisions of the Act of February 11, 1929, as
amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), $166,600.
Repayment of Loans and Interest
For reimbursement to the United States of funds loaned in compliance
with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat.
103, 109, and 110), as amended; section 9 of the Act of September 7,
1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958
(72 Stat. 183), as amended; section 4 of the Act of June 12, 1960 (74
Stat. 211)8 as amended; and section 723 of the District of Columbia
Self-Government and Governmental Reorganization Act (Public Law 93 -
198), as amended, including interest as required thereby, $80,839,100:
Provided, That there are hereby appropriated from the funds of the
District of Columbia such sums as may be necessary to repay funds
borrowed under the provisions of section 471 and 472 of Public Law 93 -
198: Provided fruther, That the District is authorized to repay
outstanding loans from the United States Treasury with funds received
from the sale of general obligation bonds authorized for such purpose.
Capital Outlay
For reimbursement to United States of funds loaned in compliance with
the Act of August 7, 1946 (60 Stat. 896), as amended, construction
projects as authorized by the Acts of April 22, 1901 (33 Stat. 244), May
18, 1954 (68 Stat. 1058 110), June 6, 1958 (72 Stat. 183), August 20,
1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 321);
including acquisition of sites; preparation of plans and
specifications; conducting preliminary surveys; erection of
structures, including building improvement and alteration and treatment
grounds; to remain available until expended, $36,586,700: Provided,
That $1,854,600 shall be available for construction services by the
Director of the Department of General Services or by contract for
architectural engineering services, as may be determined by the Mayor,
and the funds for the use of the Director of the Department of General
Services shall be advanced to the appropriation account " Construction
Services, Department of General Services": Provided further, That the
amount appropriated to the Construction Services Fund, Department of
General Services, be limited, during the current fiscal year, to ten per
centum of appropriations for all construction projects, except for
Project Numbered 24 - 99, Permanent Improvements, for which construction
services shall be limited to twenty per centum of the appropriation:
Provided further, Notwithstanding the foregoing, all authorizations for
capital outlay projects except those projects covered by the first
sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (Public
Law 90 - 495, approved August 23, 1968), for which funds are provided by
this paragraph, shall expire on September 30, 1978, except
authorizations for projects as to which funds have been obligated in
whole or in part prior to such date. Upon expiration of any such
project authorization the funds provided herein for such project shall
lapse: Provided further, That $1,292,000 is hereby appropriated for the
completion of the Sursum Corda Neighborhood Center; $900,000 shall be
for the completion of the Sursum Corda neighborhood Center to be repaid
to the city out of funds raised by Sursum Corda, Inc., through
fundraising activities: And provided further, That all sums so
collected be applied to the cost of construction with a corresponding
reduction in, or refund of, appropriated District of Columbia funds;
and $392,000 shall be for equipment for the center.
GENERAL Provisions-DISTRICT OF COLUMBIA
Sec. 102. Except as otherwise provided in this title, all vouchers
covering expenditures of appropriations contained in this title shall be
audited before payment by the designated certifying official and the
vouchers as approved shall be paid by checks issued by the designated
disbursing official.
Sec. 103. Whenever in this title an amount is specified within an
appropriation for particular purposes or object of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount which may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 104. Appropriations in this title shall be available, when
authorized or approved by the Mayor, for allowances for privately owned
conveyances used for the performance of official duties at 13 cents per
mile but not to exceed $45 a month for each automobile and at 8 cents
per mile but not to exceed $30 a month for each motorcycle, unless
otherwise therein specifically provided, except that one hundred and
thirteen (eighteen for venereal disease investigators in the Department
of Human Resources) such automobile allowances at not more than $715
each per annum may be authorized or approved by the Mayor.
Sec. 105. Appropriations in this title shall not be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government, when
authorized by the Mayor.
Sec. 106. Appropriations in this title shall not be used in
connection with the preparation, issuance, publication, or enforcement
of any regulation or order of the Public Service Commission requiring
the installation of meters in taxicabs, or for or in connection with the
licensing of any vehicle to be operated as a taxicab except for
operation in accordance with such system of uniform zones and rates and
regulations applicable thereto as shall have been prescribed by the
Public Service Sommission.
Sec. 107. Appropriations in this title shall not be available for
the payment of rates for electric current for street lighting in excess
of 2 cents per kilowatt-hour for current consumed.
Sec. 108. There are hereby appropriated from the applicable funds of
the District of Columbia such sums as may be necessary for making
refunds and for the payment of judgments which have been entered against
the government of the District of Columbia: Provided, That nothing
contained in this section shall be construed as modifying or affecting
the provisions of paragraph 3, subsection (c) of section 11 of title XII
of the District of Columbia Income and Franchise Tax Act of 1947, as
amended.
Sec. 109. Appropriations in this title shall be available for the
payment of public assistance without reference to the requirement of
subsection (b) of section 5 of the District of Columbia Public
Assistance Act of 1962 and for the non-Federal share of funds necessary
to qualify for Federal assistance under the Act of July 31, 1968 (Public
Law 90 - 445).
Sec 110. No part of any appropriation contained in this title shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 111. No part of any funds appropriated by this title shall be
used to pay the compensation (whether by contract or otherwise) of any
individual for performing services as a chauffeur or driver for any
designated officer or employee of the District of Columbia government
(other than the Mayor of the District of Columbia, Chief of Police and
Fire Chief), or for performing services as a chauffeur or driver of a
motor vehicle assigned for the personal or individual use of any such
officer or employee (other than the Mayor of the District of Columbia,
Chief of Police and Fire Chief). No part of any funds appropriated by
this title, in excess of $1,000 per month in the aggregate ($12,000 per
annum) shall be used to pay the compensation (whether by contract or
otherwise) of individuals for performing services as a chauffeur or
driver for the Mayor of the District of Columbia, or for performing
services as a chauffeur or driver of a motor vehicle assigned for the
personal or individual use of the Mayor of the District of Columbia.
Sec. 112. Not to exceed 41/2 per centum of the total of all funds
appropriated by this title for personal compensation may be used to pay
the cost of overtime or temporary positions.
Sec. 113. The total expenditure of funds appropriated by this title
for authorized travel and per diem costs outside the District of
Columbia, Maryland, and Virginia shall not exceed $210,000.
Sec. 114. Appropriations in this title shall not be available,
during the fiscal year ending September 30, 1977, for the compensation
of any person appointed--,
(1) as full-time employee to a permanent, authorized position
in the government of the District of Columbia during any month
when the number of such employees is greater than 35,145,
exclusive of positions initially authorized or funded by this
title; and exclusive of the 20 positions approved in the
transition period for Forest Haven Department of Human Resources;
28 positions approved in fiscal year 1976 for Tax Administration,
Department of Finance and Revenue; and 303 positons approved in
fiscal year 1976 for the District of Columbia Genreal Hospital,
Department of Human Resources; or
(2) as a temporary or part-time employee in the government of
the District of Columbia during any month in which the number of
such employees exceeds the number of such employees for the same
month of the preceding fiscal year.
Sec. 115. No funds appropriated in this title, for the government of
the District of Columbia for the operation of educational institutions,
the compensation of personnel, or for other educational purposes may be
used to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community group during non-school
hours.
Sec. 116. Appropriations in this title shall be available for
services as authorized by 5 U.S.C. 3109, at rates to be fixed by the
Mayor.
Sec. 117. No part of any funds appropriated to the District of
Columbia government for fiscal year 1977 shall be available for, or may
be used to pay the compensation (whether by contract or otherwise) of
any person for performing services normally performed by a public
affairs officer, public relations officer, or community services
officer, unless approved by a resolution adopted by the Council of the
District of Columbia.
This Act may be cited as the " District of Columbia Appropriation
Act, 1977".
TITLE II- DEPARTMENT OF TRANSPORTATION
Funds provided for the Coast Guard's Pollution Fund in Public Law 94
- 387, shall become available immediately upon enactment of this
legislation into law.
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1415 (Comm. on Appropriations) and 94 - 1500
(Comm. of Conference).
SENATE REPORT No. 94 - 1167 (Comm. on Appropriations).
CONGRSSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed
House. Aug. 30, considered and passed Senate, amended. Sept. 17, House
agreed to conference report, receded and concurred in certain Senate
amendments with amendments. Sept. 21, Senate agreed to conference
report; concurred in House amendments.
PUBLIC LAW 94-445, 90 STAT, 1489
94th Congress, H.R. 15068
October 1, 1976
An Act
To provide for emergency allotment lease and transfer of tobacco
allotments or quotas for 1976 in certain disaster areas in South
Carolina and Georgia.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 316 of the
Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b) is amended by
adding at the end thereof the following new subsection (i):
"(i) Notwithstanding any provision of this section, when as a result
of drought, flood, damage due to excessive rain, hail, wind, tornado, or
other natural disaster, the Secretary determines (1) that one of the
counties in South Carolina or Georgia has suffered a loss of 10 per
centum or more in the number of acres of tabacco planted (or expected
production from the planted acreage), and (2) that a lease of such
tobacco allotment or quota will not impair the effective operation of
the tobacco marketing quota or price support program, he may permit the
owner and operator of any farm within a designated county which has
suffered a loss of 10 per centum or more in the number of acres of
tobacco planted (or expected production from the planted acreage) of
such crop to lease all or any part of such allotment or quota to any
other owners or operators in the sam county, or other counties within
the same State, for use in such counties for the year 1976 on a farm or
farms having a current tobacco allotment or quota of the same kind. In
the case of a lease and transfer to an owner or operator in another
county pursuant to this subsection, the lease and transfer shall not be
effective until a copy of the lease in filed with and determined by the
county committee of the county to which the transfer is made to be in
compliance with the provisions of the subsection.".
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1430 (Comm. on Agriculture).
SENATE REPORT No. 94 - 1228 (comm. on Agriculture and Forestry).
CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and
passed House. Sept. 22, considered and passed Senate, amended. Sept
23, House concurred in Senate amendment.
PUBLIC LAW 94-444, 90 STAT, 1476
94th Congress, H.R. 12987
October 1, 1976
An Act
To authorize appropriations for carrying out title VI of the
Comprehensive Employment and training Act of 1973, 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 // 29 USC
961. // may be cited as the " Emergency Jobs Programs Extension Act of
1976".
Sec. 2. Title VI of the Comprehensive Employment and Training Act of
1973 // 29 USC 961. // is amended by striking out section 601 and
inserting in lieu thereof the following:
" AUTHORIZATION OF APPROPRIATIONS
" Sec. 601. There are authorized to be appropriated such sums as may
be necessary for fiscal year 1976, and for the period beginning July 1,
1976, and ending September 30, 1976, and for fiscal year 1977, for
carrying out the provisions of this title.".
sec. 3. (a)(1) Section 203 (be of the Comprehensive Employment and
Training Act of 1973 // 29 USC 843. // is amended to read as follows:
"(b) Notwithstanding the provisions of section 208 (a)(7) of this
Act, not less than 85 per centum of the funds allocated in accordance
with the provisions of this title which are used by an eligible
applicant for public service employment programs under this title shall
be expended only for wages and employment benefits to persons employed
in public service jobs pursuant to this title, and the remainder of such
funds may be used for administrative costs, including rental costs
(within such reasonable limitations as the Secretary may prescribe with
respect to the rental of space), and to obtain necessary supplies,
equipment, and materials.".
(2) Section 602(b) of the Comprehensive Employment and Training Act
of 1973 // 29 SUC 962. // is amended to read as follows:
"(b) Notwithstanding the provisions of section 208(a)(7) of this Act,
not less than 85 per centum of the funds allocated in accordance with
the provisions of this title which are used by an eligible applicant for
public service employment programs under this title shall be expended
only for wages and employment benefits to persons employed in public
service jobs pursuant to this title, and the remainder of such funds may
be used for administrative costs, including rental costs (within such
reasonable limitations as the Secretary may prescribe with respect to
the rental of space), and to obtain necessary supplies, equipment, and
materials.".
(b) Section 704 of the Comprehensive Employment and Training Act of
1973 is amended by inserting at the end thereof the following new
subsection:
"(d) Financial records of a prime sponsor relating to public service
employment programs assisted under this Act // 29 USC 984. // and
records of the names, addresses, positions, and salaries of all persons
employed in public service jobs assisted under this Act shall be
maintained and made available to the public.".
Sec. 4. (a)(1) // 29 USC 842 note. // With respect ot
appropriations made by the Emergency Supplemental Appropriations Act of
1976 (Public Law 94 - 266, enacted April 15, 1976) for the purpose of
carrying out activities authorized by title II of the Comprehensive
Employment and Training Act of 1973--, // 29 USC 841. //
(A) notwithstanding any other provision of law, funds made
available under section 202(b) of the Comprehensive Employment and
Training Act of 1973
// 29 USC 842. //
may be used in any areas qualifying under title VI of such Act
// 29 USC 861. //
to provide a continuation of public service employment activities
under both II and title VI of such Act; and
(B) in order to enable persons employed in public service jobs
financially assisted under title VI of such Act to be transferred
to jobs financially assisted under title II of such Act, the
Secretary of Labor is authorized to waive the provision of section
205(a) of such Act
// 29 USC 845. //
requiring a thirty-day period of unemployment.
(2) The provisions of paragraph (1) of this subsection shall be
deemed to have taken effect on the date of enactment of the Emergency
Supplemental Appropriations Act of 1976. Persons transferred after such
date from jobs financially assisted under title VI of the Comprehensive
Employment and Training Act of 1973 to jobs financially assisted under
title II of such Act, using funds made available under the Emergency
Supplemental Appropriations Act of 1976, shall after the date of
enactment of this Act be considered to be public service jobholders
financially assisted under such title VI.
(b) Subsection (b) of section 603 of the Comprehensive Employment and
Training Act of 1973 // 29 USC 963. // is amended by adding at the end
of such subsection the following new sentences: " In distributing funds
available for the discretionary use of the Secretary of Labor under this
subsection, the Secretary is authorized to utilize such funds to assure
a continuation of public service employment activities supported under
this Act. In distributing such funds under this subsection to prime
sponsors, the Secretary shall base allocations upon the public service
employment activities sustained within the jurisdicton of each unit of
general local government within the area served by each such prime
sponsor in accordance with subsection (c) of this section.".
Sec. 5. (a) TITLE VI of the Comprehensive Employment and Training
Act of 1973 is further amended by adding at the end thereof the
following new sections:
" RESERVATION OF FUNDS; EMPLOYMENT OF LONG- TERM
UNEMPLOYED, LOW- INCOME PERSONS
" Sec. 607. // 29 USC 967. // (a) Each prime sponsor, in accordance
with regulations which the Secretary shall prescribe, shall reserve out
of any allocation which it receives under this title from appropriations
for fiscal year 1977 such amount as will be sufficient, when added to
funds available for use under title II of th is Act // 29 USC 841. //
during such fiscal year, to enable to prime sponsor to sustain
throughout such fiscal year the number of public service jobholders
supported under this title and title II of this Act on June 30, 1976.
"(b) The amount of each prime sponsor's allocation under this title
remaining after funds are reserved for the purpose described in
subsection (a) of this section shall be used to provide public service
jobs for eligible unemployed persons (as described in section 608) in
projects and activities carried out by project applicants (as defined in
section 701(a)(15) of this Act). Suchprojects and jobs shall not exceed
twelve months in duration and shall provide employment consistent with
the aim of maintaining average federally supported wage rates for public
service jobholders (adjusted on a regional and area basis) as set forth
under section 209(b) of this Act. // 29 USC 849. //
"(c) Vacancies occurring after June 30, 1976, in jobs supported under
this title and the Emergency Supplemental Appropriations Act of 1976
(Public Law 94 - 266) to which subsection (a) of this section is
applicable shall be filled as follows:
"(1) Fifty per centum of such vacancies shall be filled in
accordance with the provisions of section 608.
"(2) Fifty per centum of such vacancies shall be filled in
accordance with the provisions of this title (other than the
provisions of this section, except for this paragraph, and of
sections 608 and 609) except that a prime sponsor may give
preference in filling such vacancies to unemployed public health
and safety personnel in public health and safety positions for
which they are qualified.
" ELIGIBILITY OF LONG- TERM UNEMPLOYED, LOW- INCOME PERSONS
" Sec. 608. // 29 USC 968. // (a) In filling public service jobs
with financial assistance available for the purposes of subsections (b)
and (c)(1) of section 607, each prime sponsor shall determine that any
persons to be employed in any such public service job (1) is an
individual--,
"(A) who has been receiving unemployment compensation for
fifteen or more weeks;
"(B) who is not eligible for such benefits and has been
unemployed for fifteen or more weeks;
"(C) who has exhausted umemployment compensation benefits; or
"(D) who is, or whose family is, receiving aid to families with
dependent children provided under a State plan approved under part
A of title IV of the Social Security Act;
// 42 SUC 601. // and (2) is not a member of a household which has
current gross family income, adjusted to an annualized basis (exclusive
of unemployment compensation and other public payments which such
individual will be disqualified from receiving by reason of employment
under this title) at a rate exceeding 70 per centum of the lower living
standard income level.
"(b) For purposes of this section, the term 'lower living standard
income level' means that income level (adjusted for regional and
metropolitan and urban and rural differences and family size) determined
annually by the Secretary based upon the most recent 'lower living
standard budget' issued by the Bureau of Labor Statistics of the
Department of Labor.
"(c) In filling public service jobs, each prime sponsor shall take
reasonable steps, which such sponsor shall determine, to insure that
funds provided in accordance with subsections (b) and (c)(1) of section
607 shall be equitably allocated for jobs among the categories of
eligible persons described in section 608(a) in light of the composition
of the population of unemployed eligible persons served by the prime
sponsor.
"(d) In providing public service jobs and determining hours of work
for eligible persons with financial assistance provided in accordance
with subsections (b) and (c)(1) of section 607, each prime sponsor shall
take into account the household support obligations of the men and women
applying for such jobs, and shall give special consideration to such
alternative working arrangements as flexible hours of work, shared time,
and part-time jobs, for eligible persons, particularly for parents of
young children and for older persons.
"(e) The Secretary, through the affiliated State employment security
agencies, shall take steps to inform the recipients of unemployment
compensation benefits of any available public service jobs for which
such recipients may be eligible, but such notification shall clearly
state that such notification is designed only to inform, and in no way
to coerce, such recipients with respect to the availability of such
jobs.
" APPROVAL OF PROJECTS
" Sec. 609. // 29 USC 969. // (a) In order for a project
application submitted by a project applicant to be approved by the prime
sponsor for financial assistance provided in accordance with subsection
(b) of section 607, copies of such application shall have been submitted
at the time of such application to the prime sponsor's planning council
established under section 104, // 29 USC 814. // for the purpose of
affording such council an opportunity to submit comments and
recommendations with respect to that application to the prime sponsor.
No member of a prime sponsor's planning council shall cast a vote on any
matter in connection with a project in which that member (or any
organization with which that member is associated) has a direct
interest.
"(b) Consistent with procedures established by the prime sponsor in
accordance with regulations which the Secretary shall prescribe, the
prime sponsor shall not disapprove a project application submitted by a
project applicant unless it has first considered any comments and
recommendations made by the prime sponsor's planning council and unless
it has provided such applicant and the planning council with a written
statement of its reasons for such disapproval.".
(b)(1) Section 701(a) of the Comprehensive Employment and Training
Act of 1973 // 29 USC 981. // is amended by adding at the end thereof
the following new paragraph:
"(15) 'project applicants' includes States and agencies
thereof, units of general local government and agencies thereof or
combinations or associations of such governmental units when the
primary purpose of such combinations or associations is to assist
such governmental units to provide public services, special
purpose political subdivisions having the power to levy taxes and
spend funds or serving such special purpose within an area served
by one or more units of general local government, local
educational agencies as defined in section 801(f) of the
Elementary and Secondary Education Act of 1965,
// 20 USC 881. //
institutions of higher education as defined in section 1201(a) of
the Higher Education Act of 1965,
// 20 USC 1141. //
community-based organizations as defined in paragraph (1) of this
subsection, community development corporations, nonprofit groups
anbd organizations serving Indians or Native Hawaiians, and other
nonprofit private organizations or institutions engaged in public
service.".
(2) The last sentence of section 606 of the Comprehensive Employment
and Training Act of 1973 // 29 USC 966. // is amended to read as
follows: " In reallocating any such funds, the Secretary shall give
priority first to other areas within the same State and then to areas
within other States, taking into account the number of eligible
unemployed individuals (as described in section 608) in such areas.".
(3) Section 605 of the Comprehensive Employment and Training Act of
1973 // 29 USC 965. // is amended by inserting after "projects and
activities" a comma and the following: "including projects and
activities to be carried out by project applicants as defened in section
701(a)(15) of this Act,".
(c) Section 702 of the Comprehensive Employment and Training Act of
1973 // 29 USC 982. // is amended by adding at the end thereof the
following new subsection:
"(c) The Secretary shall not, by regulation or otherwise, impose any
quota or limitation on the number or percentage of persons hired under
title II or VI, or both, of this Act // 29 USC 841, 861. // who were
former employees of public employers under this Act and who held jobs
supported under title II or VI of this Act on June 30, 1976, or who are
hired to fill vacanicies under the provisions of section 6077c)(2). Any
person who, between June 30, 1976, and the date of enactment of this
Act, was laid off from a job supported under title II or VI of this Act
by reason of such a quota or limitation may be reinstated by the prime
sponsor without regard to the provisions of section 607(c). Nothing in
this subsection shall be construed to relieve any prime sponsor from
complying with section 205(c)(8) of this Act.".
(d) Section 605 of the Comprehensive Employment and Training Act of
1973 // 29 USC 965. // is amended by inserting "(a)" after such section
designation and by adding at the end thereof the following new
subsection:
"(b) No funds for public service employment programs under this Act
may be used to provide public services, through a private or nonprofit
organization or institution, which are customarily provided by a State,
a political subdivision, or a local educational agency in the area
served by the project.".
Sec. 6. (a) Title II of the Emergency Jobs and Unemployment
Assistance Act of 1974 is amended by adding at the end thereof the
following new part:
" Part B-Reimbursement for Unemployment Benefits Paid on Basis of
Public Service Employment
" PAYMENTS TO STATES
" Sec. 220. // 26 USC 3304 note. // (a) Each State shall be paid by
the United States with respect to each individual--,
"(1) who receives compensation with respect to any benefit
year, and
"(2) whose base period wages for such benefit year include
public service wages,
an amount which bears the same ratio to the total amount of compensation
paid to such individual with respect to such benefit year for weeks of
unemployment which begin on or after January 1, 1976, as the amount of
the public service wages included in the individual's base period wages
bears to the total amount of the individual's base period wages.
"(b) Each State shall be paid, either in advance or by way of
reimbursement, as may be determined by the Secretary, the sum that the
Secretary estimates is payable to such State under this part for each
calendar month. The sum shall be reduced or increased by the amount
which the Secretary finds that his estimate for an earlier calendar
month was greater or less than the sum which should have been paid to
the State. Estimates shall be made on the basis of reports made by the
State to the Secretary as prescribed by the Secretary.
"(c) The Secretary shall, from time to time, certify to the Secretary
of the Treasury the sum payable to each State under this part. The
Secretary of the Treasury, prior to audit and settlement by the General
Accounting Office, shall pay the State in accordance with the
certification from funds for carrying out the purposes of this part.
"(d) Money paid to a State under this part may be used solely for the
purpose of paying compensation. Money so paid which is not used for
such purpose shall be returned, at the time specified by the Secretary,
to the Treasury of the United States and credited to current applicable
appropriations, funds, or accounts from which payments to States under
this part may be made.
"(e) In the case of any political subdivision of a State which has in
effect an enemployment compensation program which provides for the
payment of compensation on the basis of services performed in its
employ, such political subdivision shall be entitled to payments under
this part in the same manner and to the same extent as if such political
subdivision were a State.
" STATE AW PROVISIONS
" Sec. 221. // 26 USC 3304 note. // (a) The unemployment
compensation law of any State may provide that any organization which
elects to make payments (in lieu of contributions) into the State
unemployment compensation fund--,
"(1) shall not be liable to make such payments after the date
of the enactment of this section with respect to any compensation
to the extent that such State is entitled to payments with respect
to such compensation under this pary; and
"(2) shall receive credit against payments required to be made
after such date of enactment for any such payments made on or
before such date of enactment to the extent that such payments
were made with respect to compensation for which the State is
entitled to receive payments under this part.
"(b) The unemployment compensation law of any State may, without
being deemed to violate the standards set forth in section 3303(a) of
the Internal Revenue Code of 1954, // 26 USC 3303. // provide for
appropriate adjustments, as may be detremined by the Secretary, in the
account of any employer who has paid public service wages to reflect the
payments to which such State is entitled under this part with respect to
compensation attributable to such wages.
" AUTHORIZATION OF APPROPRIATIONS
"sec. 222. // 26 USC 3304 note. // There are hereby authorized to
be appropriated for purposes of this part such sums as may be necessary.
" DEFINITIONS
" Sec. 223. // 26 USC 3304 note. // As used in this part, the
term--,
"(1) ' State' means the States of the United States, the
District of Columbia, Puerto Rico, and the Virgin Islands;
"(2) 'compensation' means cash benefits payable to indivisuals
with respect th their unemployment, except that such term shall
not include special unemployment assistance payable under part A;
"(3) 'public service job' means any public service job funded
with assistance provided under the Comprehensive Employment and
Training Act of 1973;
// 29 USC 801 note. //
"(4) 'public service wages' means remuneration for services
performed in a public service job to the extent that such
remuneration is paid with funds provided under the Comprehensive
Employment and Training Act of 1973;
"(5) 'benefit year' means the benefit year as defined by the
applicable State unemployment compensation law;
"(6) 'base period' means the base period as defined by the
applicable State unemployment compensation law for the benefit
year; and
"(7) ' Secretary' means the Secretary of Labor."
(b) Title II of such Act // 26 USC 3304 note. // is further
amended--,
(1) by inserting after the heading of such title the following:
" Part A-Special Unemployment Assistance";
(2) by striking out "this title" each place it appears and
inserting in lieu thereof "this part"; and
(3) by striking out "the title" in section 210
// 29 USC 850. //
and inserting in lieu thereof "this title".
(c) // 29 USC 3304 note. // The amendments made by this section
shall take effect on October 1, 1976, with respect to compensation paid
for weeks of unemployment beginning after December 31, 1975.
Sec. 7. Section 205(c)(24) of the Comprehensive Employment and
Training Act of 1973 // 29 USC 845. // is amended by striking out "job
category" in both places where that term occurs in such clause and
inserting in lieu thereof "promotional line".
Sec. 8. (a) Section 602(e) // 29 USC 962. // of the Comprehensive
Employment and Training Act of 1973 is amended by striking out " Indian
tribes on Federal or State reservations" and inserting in lieu thereof "
Indian tribes, bands, and groups qualified under section 302(c)(1) of
this Act". // 29 USC 872. //
(b) Section 603(a) // 29 USC 963. // of the Comprehensive Employment
and Training Act of 1973 is amended by redesignating paragraphs (1) and
(2) thereof as paragraphs (2) and (3), respectively, and by inserting
immediately after "(a)" the follwing: "(1) The Secretary shall reserve
an amount equal to not less than 2 per centum of the amounts
appropriated under section 601 // 29 USC 861. // for any fiscal year to
enable Indian tribes, bands, and groups which are designated as eligible
applicants under this title to carry out public service employment
programs.".
(c) Section 603(a)(2) of such Act, as redesignated by subsection (b)
of this section, is amended by insering after "per centum" the
following: "of the remainder".
Sec. 9. (a) Section 704 of the Comprehensive Employment and Training
Act of 1973 (as amended by section 3(b) of this Act) is further amended
by adding at the end thereof the following new subsection:
"(e) Notwithstanding any other provision of law, funds allocated by a
prime sponsor or an Indian tribe, band, or group for the employment of
individuals under this Act may be expended in conjuction with funds from
any other public or private source, but funds allocated under this Act
may only be expended in accordance with the requirements of this Act.".
(b) The heading of such section 704 // 29 USC 984. // is amended to
read as follows:
" SPECIAL PROVISIONS".
Sec. 10. Section 311 of the Comprehensive Employment and Training
Act of 1973 // 29 USC 881. // is amended by adding at the end thereof
the following new subsection:
"(e) The Secretary is authorized to undertake projects (either
directly or by grant or contract) for the purpose of demonstrating the
feasibility of providing relocation assistance to unemployed workers
residing in areas of substantial unemployment who would otherwise be
eligible for public service employment under this Act. Such assistance
shall be in such form and amount as the Secretary deems appropriate for
demonstration purposes, except that he shall use as a general guideline
the form and amount of relocation assistance available under chapter 2
of title II of the Trade Act of 1974". // 19 USC 2271. //
Sec. 11. Section 704 of the Comprehensive Employment and Training Act
of 1973 (as amended by sections 3(b) and 9 of this Act) is further
amended by adding at the end thereof the following new subsection:
"(f) Notwithstanding any other provisions of law, employment and
training services furnished under this Act in connection with
weatherization projects authorized under section 222(a)(12) of the
Economic Opportunity Act of 1964 // 42 USC 2809. // may include work on
such projects for the near poor, including families having incomes which
do not exceed 125 per centum of the poverty line as established by
section 625 of the Economic Opportunity Act of 1964.".
Sec. 12. (a) Section 104(b) of the Emergency Jobs and Unemployment
Assistance Act of 1974 // 38 USC 2002 note. // is amended by--,
(1) striking out "by this Act" after "amended"; and
(2) inserting at the end of such subsection the following new
sentence: " They shall also report to such committees on the same
subjects not later than ninety days after the date of enactment of
the Emergency Jobs Programs Extension Act of 1976.".
(b) Title I of the Comprehensive Employment and Training Act of 1973
is amended by--,
(1) inserting at the end of section 105(a)(3)
// 29 USC 815. //
the following "and (E) provides such arrangements as may be
appropriate to promote maximum feasible use of apprenticeship or
other on-job training opportunities available under section 1787
of title 38, United States Code;"; and
(2) striking out in sectin 106(b)(5) "provide special emphasis"
and inserting in lieu thereof "take affirmative action".
Sec. 13. // 29 USC 952 note. // (a)(1) The Congress finds and
declares that--,
(A) the reliable and comprehensive measurement of employment
and unemployment is vital to assessing the Nation's economic
well-being and the utilization of its work force, and is an
important determinant of public policies toward job creation,
education, training, assistance ofr the jobless, and other labor
market programs;
(B) the allocation fo billions of dollars of Federal funds on
the basis of unemployment data is increasing, making even more
crucial the timely, accurate, and uniform measurement of the labor
force;
(C) the formulation of public policies to promote the most
effective use of our human resources is hindered by inadequate
information on the utilization and effect of education and
training programs;
(D) in order for governmental and private sector policy
decisions to have maximum effect upon reducing employment and
strengthening the labor force, and accurate and precise system for
measuring employment and unemployment and its impacts on
particular segments of the potential works force is essential;
(E) the current method of data collection and the form of its
presentation, at national, regional, and subregional levels, may
not fully reflect unemployment and employment trends, and may
produce incomplete and, therefore, misleading conclusions, thus
impairing the validity and utility of this critical economic
indicator;
(F) it is critical to retain public confidence in the
procedures, concepts and methodology of collecting, analyzing, and
presenting employment and unemployment statistics; and
(G) objectivity is a necessity in considering reform of
statistical processes.
(2) It is the purpose of this section to establish a National
Commission on Employment and Unemployment Statistics to have
responsibility for examining the procedures, concepts, and methodology
involved in employment and unemployment statistics and suggesting ways
and means of improving them.
(b)(1) There shall be established a National Commission on Employment
and Unemployment Statistics (hereinafter in this section referred to as
the " Commission") which shall consist of nine members appointed by the
President, by and with the advice and consent of the Senate. Seven of
the members shall be selected on the basis of their knowledge of and
experience in the procedures, methodology, or use of employment and
unemployment statistics, and shall be broadly representative of labor,
business and finance, education and training, economics and statistics,
and State and local government. Two of the members shall be selected
from the general public. The membership of the Commission shall be
generally representative of significant segments of the labor force,
including women and minority groups. Any vacancy in the Commission
shall not affect its powers as long as there continues to be at least
five members; and any such vacancy may be filled in the same manner as
the original appointment is made.
(2) Except when six members of the Commission shall vote to hold an
executive session for a particular purpose, the Secretary of Labor, the
Secretary of Commerce, the Commissioner of Labor statistics, the
Director of the Bureau of the Census, the Director of the Office of
Management and Budget, the Chairman of the National Commission for
Manpower Policy, the Chairman of the Council of Economic Advisers, and a
majority and a minority member each of the Joint Economic Committee, of
the Committee on Labor and Public Welfare of the Senate, and of the
Committee on Education and Labor of the House of Representatives, or in
each case a designee, shall assist and participate in the hearings,
deliberations,and other activities of the Commission on an advisory
basis.
(3) The President shall designate a Chairman from among the appointed
members of the Commission.
(4) The Chairman, with the concurrence of the Commission, shall
appoint an executive director, who shall be the chief executive officer
of the Commission and shall perform such duties as are prescribed by the
chairman or the Commission. The executive director may appoint, with
the concurrence of the Chairman, such professional, technical, and
clerical staff as are necessary to carry out the provisions of this
section. The executive director and staff shall be appointed without
regard to the provisions of title 5, United States Code, // 5 USC 101,
5331. // governing appointments to the competitive service, governing
appointments to the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 // 5 USC 5101,
5331. // of such title relating to classification and General Schedule
pay rates, but at rates not in excess of the maximum rate of GS-18 of
the General Schedule under section 5332 of such title. // 5 USC 5332
note. // The executive director, with the concurence of the Chairman,
may obtain temporary and intermitten services of experts and consultants
in accordance with the provisions of section 3109 of title 5, United
States Code. The Commission may utilize such staff, with or without
reimbursement, from the Department of Labor, the Department of Commerce,
and such other appropriate Federal agencies as may be available to
assist the Commission in carrying out its responsibilities.
(5) The Commission shall determine its own internal procedures,
including the constituting of a quorum.
(6) The Commission is authorized to accept and utilize voluntary and
uncompensated services notwithstanding the provisions of section 665(b)
of title 31, United States Code.
(7) Members of the Commission who are not officers or employees of
the Federal Government shall be paid compensation at a rate of not to
exceed the per diem equivalent of the rate for GS-18 of the General
Schedule under section 5332 of title 5, United States Code, // 5 USC
5332 note. // when engaged in the work of the Commission, including
traveltime; and while serving away from their homes or regular places
of business, shall be allowed travel expenses including per diem in lieu
of subsistence, in the same manner as such expenses are authorized by
law (5 U.S.C. 5703) for persons in the Government service employed
intermittently.
(c) The Commission shall--,
(1) identify the needs of the Nation for labor force statistics
and assess the extent to which current procedures, concepts and
methodology in the collection, analysis, and presentation of such
statistics constitute a comprehensive, reliable, timely, and
consistent system of measuring employment and unemployment and
indicating trends therein; and
(2) conduct or provide (thorugh contract with institutions,
organinzations, and individuals, or appropriate Federal of State
agencies, or otherwise) for such studies, hearings, research, or
other activities as it deems necessary to enable it to formulate
appropriate recommendations.
The Commission or, on the authorization of the Commission, any
subcommittee or members thereof, may, for the purposes of carrying out
the provisions of this section, hold such hearings, take such testimony,
and sit and act at such times and places as the Commission deems
advisable. Any member authorized by the Commission may administer oaths
or affirmations to witnesses appearing before the Commission or any
subcommittee or members thereof.
(d)(1) The Commission shall make a report of its findings and
recommendations to the President and the Congress within eighteen months
after the date of appointment of the first five members of the
Commission.
(2) In preparing its report, the Commission shall consider the
following:
(A) The methodology of collection of employment and
unemployment data at all levels, including National, regional,
State, and local application.
(B) The methodology of analysis of such data, including its
relevance and application.
(C) The methodology of presentation of employment and
unemployment statistics, including the dissemination, current
utilization, and application of such statistics.
(D) Alternative methods of such collection, analysis, and
presentation.
(E) The need of additional special statistical surveys
(including longitudinal studies) and reports on a continuing
basis.
(F) The need for additional data and analysis on job vacancies,
job turnover, job matching, discouraged workers, part-time
workers, youth, minorities, women, and other labor force
participants.
(G) Accuracy and uniformity of seasonal adjustments in all
categories of labor force statistics.
(H) Methods of achieving current, accurate, and uniform
employment and unemployment statistics on a State and local basis,
including their use as a determinant of the allocation of Federal
assistance.
(I) The need for, and methods to obtain, data relating
employment status and earnings, economic hardship, and family
support obligations.
(J) The extent to which employment and earnings date assist in
determining the impact of public programs and policies upon
persons who are economically disadvantaged, unemployed or
underemployed.
(K) The availability of and need for periodic information on
education and training enrollments and completions in the public
and private sectors.
(L) Statistical indicators of the relationship between
education and training and subsequent employment, earnings, and
unemployment experience.
(M) The value and usefulness of other statistics regarding
employment and enemployment, such as those obtained through
operation of the unemployment insurance system.
(N) The availability of and need for current and projected
occupational information, particularly on a local basis, to assist
youths and adults in making training, education, and career
choices.
(O) Such other matters as the Commission deems appropriate or
necessary, including such matters as are suggested by the
President of by the Congress that th e Commission deems
appropriate.
(3) The Commission's report shall contain its findings and
recommendations, including a feasible schedule for their implementation,
cost estimates, and any appropriate draft regulations and legislation to
implement such recommendations.
(4) The Commission may make such interim reports or recommendations
as it may deem desirable.
(e) Upon submission of the Commission's final report, the Secretary
of Labor shall take steps to ascertain the views of each affected
executive agency and, within six months after the report's submission,
shall make an interim report to the Congress on--,
(1) the desirability, feasibility, and cost of implementing
each of the Commission's recommendations, and the actions taken or
planned with respect to their implementation; and
(2) recommendations with respect ot any legislation proposed by
the Commission, the need for any alternative or additional
legislation to implement the Commission's recommendations, and any
other proposals to strengthen and improve the measurement of
employment and unemployment.
Within two years after submission of the Commission's final report, the
Secretary shall submit a final report to the Congress detailing the
actions taken with respect to the recommendations of the Commission,
together with any further recommendations deemed appropriate.
(f)(1) Each department, agency, and instrumentality of the Federal
Government is authorized and directed to cooperate fully with the
Commission in furnishing appropriate information to assist the
Commission in carrying out its functions under this section.
(2) The head of each department, agency, or instrumentality of the
Federal Government is authorized to provide such support and services to
the Commission, upon request of the Chairman, as may be agreed between
the head of the department, agency, or instrumentality and the Chairman.
(g) The Commission shall cease to exist one hundred and eighty days
after submission of its final report as required under subsection (d)(
1) of this section.
(h)(1) There are authorized to be appropriated such sums as may be
necessary to carry out the provision s of this section.
(2) Notwithstanding any other provision of law, any funds
appropriated to carry out this section which are not obligated prior to
the end of the fiscal year for which such funds were appropriated shall
remain available for obligation during the succeeding fiscal year.
Sec. 14. (a) Section 202 of the Comprehensive Employment and
Training Act of 1973 // 29 USC 842. // is amended by adding at the end
thereof the following new subsection:
"(c) Whenever the Secretary allocates any funds available under
subsection (b) of this section through a distribution based upon a
formula, he shall, not later than 30 days prior to such allocation,
publish in the Federal Register for comment the specific formula upon
which such distribution is based, the rationale supporting the selection
of the formula, and the proposed distribution to each prime sponsor.
After consideration of comments received under the preceding sentence,
the Secretary shall publish final allocations.".
(b) Section 603 // 29 USC 963. // of such Act is amended by adding
at the end thereof the following new subsection:
"(d) Whenever the Secretary allocates any funds available under
subsection (b) of this section through a distribution based upon a
formula, he shall, not later than 30 days prior to such allocation,
publish in the Federal Register the specific formula upon whcih such
distribution is based, the rationale behind the selection of the
formula, and the proposed distribution for each prime sponsor. After
consideration of comments received under the preceding sentence, the
Secretary shall publish final allocations.".
Sec. 15. (a) The National Commission for Manpower Policy,
established under title V of the Comprehensive Employment and Training
Act of 1973, // 29 USC 953 note. // shall conduct a study of the net
employment effects of the public service employment programs suthorized
by title II and title VI of the Comprehensive Employment and Training
Act of 1973. // 29 USC 951. //
(b) // 29 USC 841, 861. // The National Commission for Manpower
Policy shall prepare and submit to the Congress not later than March 31,
1978, a report on the study required by this section, together with such
recommendations, including recommendations for legislation, as such
Commission deems advisable.
(c) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section.
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1019 (Comm. on Education and Labor) and No.
94 - 1514 (Comm. of Conference).
SENATE REPORT No. 94 - 883 (Comm. on Labor and Public Welfare).
CONGRESSIONVL RECORD, Vol. 122 (1976): Apr. 30, considered and
passed House. Aug. 9, 10, considered and passed Senate, amended. Sept.
17, House agreed to conference report. Sept. 22, Senate agreed to
conference report.
PUBLIC LAW 94-443, 90 STAT, 1475
94th Congress, H.R. 11149
October 1, 1976
An Act
To amend section 2 of the Act entitled " An Act to incorporate the
National Society of the Daughters of the American Revolution".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 36 USC 18a. // That
section 2 of the Act entitled " An Act to incorporate the National
Society of the Daughters of the American Revolution" approved February
20, 1896, as amended, is amended to read as follows:
" Sec. 2. The society is authorized to acquire by purchase, gift,
devise, or bequest and to hold, convey, or otherwise dispose of such
property, real or personal, as may be convenient or necessary for its
lawful purposes, and may adopt a constitution and make bylaws not
inconsistent with law, and may adopt a seal. Said society shall have
its headquarters or principal office at Washington, in the District of
Columbia.".
Sec. 2. Add a new section to said Act to be numbered section 4 and to
read as follows:
" Sec. 4. // 36 USC 18a. // The society and its subordinate
divisions shall have the sole and exclusive right to use the name '
National Society of the Daughters of the American Revolution'. The
society shall have the exclusive and sole right to use, or to allow or
refuse the use of, such emblems, seals, and badges as have heretofore
been adopted or used by the National Society of the Daughters of the
American Revolution.".
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1286 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 1249 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 122 (1976): July 19, considered and
passed House. Sept. 21, considered and passed Senate.
PUBLIC LAW 94-442, 90 STAT, 1474
94th Congress, H.R. 589
October 1, 1976
An Act
To authorize the Secretary of the Interior to provide relief to the
Santa Ynez River Water Conservation District due to dilivery of water to
the Santa Ynez Indian Reservation lands.
Be it enacted by the Senate and House of Representatives of the
United States of American in Congress assembled, That the Secretary of
the Interior is authorized to amend the repayment contract dated March
16, 1960, with the Santa Ynez River Water Conservation District, to
reduce by $1,120, annually, the amount due the United States. The
reduction in to commence with the payment due on January 1 of the year
following passage of this Act and continue as long as all of the lands
of the Santa Ynez Indian Reservation, as presently constituted, remain
in Federal ownership.
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 475 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 1244 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Oct. 6, considered and passed House.
Vol. 122 (1976): Sept. 22, considered and passed Senate.
PUBLIC LAW 94-441, 90 STAT, 1465
94th Congress, H.R. 14260
October 1, 1976
An Act
Making appropriations for Foreign Assistance and related programs for
the fiscal year ending September 30, 1977, 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 September 30, 1977, and for other purposes, namely:
TITLE I- FOREIGN ASSISTANCE ACT ACTIVITIES
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, as amended, // 22 USC
2151 note. // and for other purposes, to remain available until
September 30, 1977, unless otherwise specified herein, as follows:
ECONOMIC ASSISTANCE
Food and nutrition, Development Assistance: For necessary expenses
to carry out the provisions of section 103, // 22 USC 2151a. //
$505,000,000: Provided, That the amounts provided for loans to carry
out the purposes of this paragraph shall remain available until
expended.
Population planning and health, Development Assistance: For
necessary expenses to carry out the provisions of section 104, // 22 USC
2151b. // $214,000,000: Provided, That the amounts provided for loans
to carry out the purposes of this paragraph shall remain available until
expended: Provided further, That of the funds made available for
population planning and health, not less than $15,000,000 shall be only
available for programs providing training to auxiliary or paramedical
personnel who will be engaged in the delivery of health and family
planning services to rural areas.
Education and human resources development, Development Assistance:
For necessary expenses to carry out the provisions of section 105, // 22
USC 2151c. // $70,000,000: Provided, That the amounts provided for
loans to carry out the purposes of this paragraph shall remain available
until expended.
Technical assistance, energy, research, reconstruction, and selected
development problems, Development Assistance: For necessary expenses to
carry out the provisions of section 106, // 22 USC 2151d. //
$67,000,000: Provided, That the amounts provided for loans to carry out
the purposes of this paragraph shall remain available until expended.
Loan allocation, Development Assistance: Of the new obligational
authority appropriated under this Act to carry out the provisions of
sections 103-106, // 22 USC 2151a - 2151d. // not less than
$300,000,000 shall be available for loans for fiscal year 1977:
Provided, That of the amount made available for loans, not to exceed
$210,000,000 of such amount shall be available for loans repayable
within forty years following the date on which the funds were initially
made available under the loan: Provided further, That not to exceed
$60,000,000 of such amount shall be available for loans repayable within
thirty years following such date: Provided further, That not to exceed
$30,000,000 of such amount shall be available for loans repayable within
twenty years following such date.
International organizations and programs: For necessary expenses to
carry out the provisions of section 301, // 22 USC 2221. //
$187,000,000: Provided, That not more than $20,000,000 shall be
available for the United Nations Children's Fund: Provided further,
That not less than $1,000,000 shall be available until expended for a
contribution to the International Atomic Energy Agency to strengthen the
Agency's safeguards program: Provided further, That not less than
$100,000,000 shall be available only for the United Nations Development
Program: Provided further, That none of the funds appropriated or made
available pursuant ot this Act shall be used to supplement the funds
provided ot the United Nations Development Program in fiscal year 1976.
United Nations Environment Fund: For necessary expenses to carry out
the provisions of section 2 of the United Nations Environment Program
Participation Act of 1973, // 22 USC 287 note. // $10,000,000.
American schools and hospitals abroad: For necessary expenses to
carry out the provisions of section 214, // 22 USC 2174. //
$19,800,000.
American schools and hospitals aborad (special foreign currency
program): For necessary expenses to carry out the provisions of section
214, $7,000,000 in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
to remain available until expended.
Indus Basin Development Fund, grants: For necessary expenses to
carry out the provisions of section 302 // 22 USC 2222. // (b)(2) with
respect to Indus Basin Development Fund, grants, $15,750,000.
Contingency fund: For necessary expenses, $5,000,000, to be used for
the purposes set forth in section 451. // 22 USC 2261. //
International disaster assistance: For necessary expenses to carry
out the provisions of section 491, // 22 USC 2292. // $25,000,000.
International narcotics control: For necessary expenses to carry out
the provisions of section 481, // 22 USC 2291. // $34,000,000.
Payment to the Foreign Service Retiremnet and Disability Fund: For
payment to the " Foreign Service Retirement and Disability Fund," as
authorized by the Foreign Service Act of 1946, as amended (22 U.S.C.
1105 - 1106), $16,680,000.
Overseas training (special foreign currency program): For necessary
expenses to carry out the provisions of section 612, // 22 USC 2362. //
$400,000 in foreign currencies which the Treasury Department declares to
be excess to the normal requirements of the United States.
Lebanon Relief and Rehabilitation assistance: For necessary expenses
to carry out the provisions of section 495 C, $20,000,000.
Except for the Contingency Fund, unobligated balances as of September
30, 1976, of funds heretofore made available under the authority of the
Foreign Assistance Act of 1961, as amended, // 22 USC 2151 note. //
except as otherwise provided by law, are hereby continued available for
the fiscal year 1977, for the same purposes for which appropriated and
amounts certified pursuant to section 1311 of the Supplemental
Appropriation Act, 1955, // 31 USC 200. // as having been obligated
against appropriations heretofore made under the authority of the
Foreign Assistance Act of 1961, as amended, for the same purpose as any
of the subparagraphs under " Economic Assistance," " Middle East Special
Requirements Fund," " Security Supporting Assistance," " Operating
Expenses of the Agency for International Development," " International
Military Education and Training," and " Indochina Postwar Reconstruction
Assistance," are hereby continued available for the same period as the
respective appropriations in such subparagraphs for the same purpose:
Provided, That such purpose relates to a project or program previously
justified to Congress, and the Committees on Appropriations of the House
of Representatives and the Senate are notified prior to be reobligation
of funds for such projects or programs.
None of the funds made available under this Act for " Food and
nutrition, Development Assistance," " Population planning and health,
Development Assistance," " Education and human resources development,
Development Assistance," " Technical assistance, energy research,
reconstruction, and selected development problems, Development
Assistance," " International organizations and programs," " Untied
Nations Environment Fund8" " American schools and hospitals abroad," "
Indus Basin Development Fund, grants," " International narcotics
control," " Middle East special requirements fund," " Sucurity
supporting assistance," " Operating Expenses of the Agency for
International Development," " Military assistance," " International
military education and training," " Inter-American Foundation," " Peace
Corps," " Cuban refugee assistance," " Special assistance to refugees
from Cambodia, Vietnam, and Laos in the United States," " Migration and
refugee assistance," of " Assistance to refugees from the Soviet Union
or other Communist countries in Eastern Europe," shall be available for
obligation for activities, programs projects type of materiel
assistance, countries, or other operations not justified or in excess of
the amount justified to the Appropriations Committees for obligation
under any of these specific headings for fiscal year 1977 unless the
Appropriations Committees of both Houses of the Congress are previously
notified fifteen days in advance.
MIDDLE EAST SPECIAL REQUIREMENTS FUND
Middle East special requirements fund: For necessary expenses to
carry out the provisions of section 901 and section 903 of the Foreign
Assistance Act of 1961, as amended, // 22 USC 2441, 2443. //
$23,000,000: Provided, That none of the funds appropriated under this
heading may be used to provide a United States contribution to the
United Nations Relief and Works Agency.
SECURITY SUPPORTING ASSISTANCE
Security supporting assistance: For necessary expenses to carry out
the provisions of section 531 of the Foreign assistance Act of 1961, as
amended, // 22 USC 2346. // $1,734,700,000: Provided, That of th funds
appropriated under this paragraph, $735,000,000 shall be allocated to
Israel, $700,000,000 shall be allocated to Egypt, $70,000,000 shall be
allocated to Jordan, $17,500,000 shall be allocated for Cyprus,
$55,000,000 shall be allocated for Portugal, $80,000,000 shall be
allocated to Syria, $14,000,000 shall be allocated for Botswana and for
regional training programs, not to exceed $20,000,000 shall be allocated
to Zaire, and not to exceed $20,000,000 shall be allocated to Zambia:
Provided, further, That $7,000,000 of this appropriation shall be
available only upon ratification of the Treaty of Friendship and
Cooperation Between Spain and the United States of America.
OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL 5 DEVELOPMENT
For "operating Expenses of the Agency for International Development",
$192,000,000.
MILITARY ASSISTANCE
Military assistance: For necessary expenses to carry out the
provisions of section 503 of the Foreign Assistance Act of 1961, as
amended, // 22 USC 2311. // including administrative expenses and
purchase of passenger motor vehicles for replacement only for use
outside of the United States, $247,300,000: 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: Provided further,
That $15,000,000 of this appropriation shall be available only upon
ratification of the Treaty of Friendship and Cooperation Between Spain
and the Untied States of America.
INTERNATIONAL MILITARY EDUCATION AND TRAINING
International military education and training: For necessary
expenses for " International military education and training,"
$25,000,000: * provided, That $2,000,000 of this appropriation shall be
available only upon ratification of the Treaty of Friendship and
Cooperation Between Spain and the United States of America.
OVERSEAS PRIVATE INVESTMENT CORPORATION
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.
INTER- AMERICAN FOUNDATION
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 Goverment 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 $7,000,000 shall be available to carry out the
authorized programs during the current fiscal year.
GENERAL PROVISIONS
Sec. 101. None of the funds herein appropriated (other than funds
appropriated for " International organizationa and programs") 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", " International disaster assistance", and appropriations of funds
to be used for loans, not more than 20 per centum of any appropriation
item made available by this title for fiscal year 1977 shall be
obligated and/or reserved during the last month of availability.
Sec. 103. None of the funds herein appropriated nor any of the
counterpart funds generated as a result of assistance hereunder or any
prior Act shall be used to pay pensions, annuities, retirement pay, or
adjusted service compensation for any persons heretofore or hereafter
serving in the armed forces of any recipient country.
Sec. 104. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, as
amended, // 22 USC 2151 note. // may be used for making payments on any
contract for procurement to which the United States is a party entered
into after the date of anactment of this Act which does not contain a
provision authorizing the termination of such contract for the
convenience of the United States.
Sec. 105. Of the funds appropriated or made available pursuant to
this Act, not more than $12,000,000 may be used during the current
fiscal year in carrying out centrally funded research under sections 105
and 106 of the Foreign Assistance Act of 19618 as amended. // 22 USC
2151c, 2151d. //
Sec. 106. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, as
amended, may be used to pay in whole or in part any assessments,
arrearages, or dues of any member of the United Nations.
Sec. 107. None of the funds contained in title I of this Act may be
used to carry out the provisions of sections 209(d) and 251(h) of the
Foreign Assistance Act of 1961, as amended. // 22 USC 2169, 2211. //
Sec. 108. None of the funds appropriated or made available pursuant
to this Act shall be used to provide assistance to the Democratic
Republic of Vietnam (North Vietnam), South Vietnam, Combodia, or Laos.
Sec. 109. Of the funds appropriated or made available pursuant to
this Act, not to exceed $108,000 shall be for official residence
expenses of the Agency for International Development during the fiscal
year ending September 30, 1977.
sec. 110. Of the funds appropriated or made available pursuant to
this Act, not to exceed $20,000 shall be for entertainment expenses of
the Agnecy for International Development during the fiscal year ending
September 30, 1977.
sec. 111. Of the funds appropriated or made available pursuant to
this Act, not to exceed $96,000 shall be for representation allowances
of the Agency for International Development during the fiscal year
ending September 30, 1977.
Sec. 112. Of the funds appropriated or made available prusuant to
this Act, not to exceed $75,000 shall be for entertainment expenses
relating to the Military Assistance Program, International Military
Education and Training, and Foreign Military Credit Sales during the
fiscal year ending September 30, 1977.
TITLE II- FOREIGN MILITARY CREDIT SALES
Foreign Military Credit Sales
For expenses not otherwise provided for, necessary to enable the
President to carry out the provisions of the Foreign Military Sales Act,
// 22 USC 2751 note. // $740,000,000: Provided, That of the amount
provided for the total aggregate credit sale ceiling during the current
fiscal year, not less than $1,000,000,000 shall be allocated to Israel.
TITLE III- FOREIGN ASSISTANCE (OTHER)
Independent Agency
Action-International Programs
PEACE CORPS
For expenses necessary for Action to carry out the provisions of the
Peace Corps Act, as amended (22 U.S.C. 2501 et seq.), $80,000,000:
Provided, That of this amount $49,563,000 shall be available for the
direct support of volunteers: Provided further, That no less than
$3,600,000 of this amount shall be available only for the overseas
technical support of volunteers.
Department of Health, Education, and Welfare
CUBAN Refugee ASSISTANCE
For expenses necessary to carry out the provisions of the Migration
and Refugee Assistance Act of 1962 // 22 USC 2601 note. // (Public Law
87 - 510), relating to aid to Cuban refugees within the United States,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, $82,000,000.
SPECIAL ASSISTANCE TO REFUGEES FROM CAMBODIA, VIETNAM, AND LAOS IN THE
UNITED STATES
For assistance to refugees from Cambodia, Vietnam, and Laos in the
United States, $50,000,000: Provided, That all funds in this account
shall remain available through September 30, 1977.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
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 serivces as authorized by 5 U.S.C. 3109;
$10,000,000 of which not to exceed $8,171,000 shall remain available
until December 31, 1977: 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.
ASSISTANCE TO REFUGEES FROM THE SOVIET UNION AND OTHER COMMUNIST
COUNTRIES IN EASTERN EUROPE
For necessary expenses to carry out the provisions of section 101 (b)
of the Foreign Relations Authorization Act of 1972 // 86 Stat. 490. //
and the provisions of section 105 of the Foreign Relations Authorization
Act, Fiscal Year 1977, $15,000,000.
Funds Appropriated to the President
International Financial Institutions
INVESTMENT IN ASIAN DEVELOPMENT BANK
For payment by the Secretary of the Treasury of the third and final
installment of the United States subscription to the paid-in capital
stock and the callable capital stock of the Asian Development Bank,
authorized by the Asian Development Bank Act of December 22, 1974
(Public Law 93 - 537), // 22 Usc 285q, 285r. // $90,477,000, to remain
available until expended.
INVESTMENT IN INTER- AMERICAN DEVELOPMENT BANK
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the increase in
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, $270,000,000, to remain available until
expended.
INVESTMENT IN INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment by the Secretary of the Treasury of the second
installment of the United States contribution to the fourth
replenishment of the resources of the International Development
Association as authorized by the International Development Association
Act of August 14, 1974 (Public Law 93 - 373), // 22 USC 2841, 284m. //
$375,000,000, to remain available until expended.
INVESTMENT IN AFRICAN DEVELOPMENT FUND
For payment by the Secretary of the Treasury of a United States
contribution to the African Development Fund as authorized by the Act of
May 31, 1976 (Public Law 94 - 302), $10,000,000, to remain available
until expended.
TITLE IV- EXPORT- IMPORT BANK OF THE UNITED STATES
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, // 31 USC 849. // 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.
Limitation on Program Activity
Not to exceed $6,334,443,000 (of which not to exceed $3,875,000,000
shall be for equipment and serivces loans) shall be authorized during
the current fiscal year for other than administrative expenses.
Limitation on administrative Expenses
Not to exceed $12,081,000 (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 $24,000 for entertainment allowances for
members of the Board of Directors: Provided, That (1) fees or dues to
international organizations of credit institutions engaged in financing
foreign trade, (2) necessary expenses (including special services
performed on a contract or a fee basis, but not including other personal
services) in connection with the acquisition, operation, maintenance,
improvement, or disposition of any real or personal property belonging
to the Bank or in which it has an interest, including expenses of
collections of pledged collateral, or the investigation or appraisal of
any property in respect to which an application for a loan has been
made, in (3) expenses (other than internal expenses of the Bank)
incurred in connection with the issuance and servicing of guarantees,
insurance, and reinsurance, shall be considered as nonadministrative
expenses for the purposes hereof.
TITLE V- GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not heretofore authorized by the Congress.
sec. 502. No part of any appropriation contained in this Act shall
be used for expenses of the Inspector General, Foreign Assistance, after
the expiration of the thirty-five day period which begins on the date
the General Accounting Office or any committee of the Congress, or any
duly authorized subcommittee thereof, charged with considering foreign
assistance legislation, appropriations, or expenditures, has delivered
to the Office of the Inspector General, Foreign Assistance, a written
request that it be furnished any document, paper communication, audit,
review, finding recommendation, report or other material in the custody
of control of the Inspector General, Foreign Assistnace, 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 of subcommittee, as the case may be, (A) the
document, paper, communication, audit, review, finding, recommendation,
report, or other material so requested or (B) a certification by the
President, personally, that he has forbidden the furnishing thereof
pursuant to such request and his reason for so doing.
Sec. 503. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 504. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal of interest on any loan made to such country by the United
States pursuant to a program for which funds are appropriated under this
Act unless (1) such debt has been disputed by such country prior to the
enactment of this Act or (2) such country has either arranged to make
payment of the amount in arrears or otherwise taken appropriate steps,
which may include renegotiation, to cure the existing default.
Sec. 505. None of the funds appropriated or made available pursuant
to this Act shall be used to provide military assistance, international
military education and training, or foreign military credit sales to the
Government of Uruguay.
Sec. 505 A. Not to exceed $1,626,000 of the funds appropriated or
made available pursuant to this Act for fiscal year 1977 shall be made
available to the Office of the Inspector General of Foreign Assistance.
Sec. 506. None of the funds appropriated or made available pursuant
to this Act shall be available to any international financial
institution whose United States' representative cannot upon request
obtain the amounts and the names of borrowers for all loans of the
international financial institution, including loans to employees of the
institution or the compensation and related benefits of employees of the
institution.
This Act may be cited as the " Foreign Assistance and Related
Programs Appropriations Act, 1977".
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1228 (Comm. on Appropriations) and No. 94 -
1642 (Comm. of Conference).
SENATE REPORT No. 94 - 1009 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 122 (1976): June 24, 25, 29, considered
and passed House. June 30, Sept. 9, 10, considered and passed Senate,
amended. Sept. 27, House agreed to conference report. Sept. 28, Senate
agreed to conference report.
PUBLIC LAW 94-440, 90 STAT, 1439
94th Congress, H.R. 14238
October 1, 1976
An Act
Making appropriations for the Legislative Branch for the fiscal year
ending September 30, 1977, 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 Legislative Branch for the fiscal year ending
September 30, 1977, and for other purposes, namely:
TITLE I
SENATE
Compensation and Mileage of the Vice President and Senators and Expense
Allowances of the Vice President and Leaders of the Senate COMPENSATION
AND MILEAGE OF THE VICE PRESIDENT AND SENATORS
2 USC 60a note.
For compensation and mileage of the Vice President and Senators of
the United States, $5,052,630.
EXPENSE ALLOWANCES OF THE VICE PRESIDENT AND MAJORITY AND MINORITY
LEADERS
For expense allowance of the Vice President, $10,000; Majority
Leader of the Senate, $3,000; and Minority Leader of the Senate,
$3,000; in all, $16,000.
Salaries, Officers and Employees
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:
OFFICE OF THE VICE PRESIDENT
For clerical assistance to the Vice President, $615,015.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For offices of the Majority and Minority Leaders, $251,540.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
For offices of the Majority and Minority Whips, $195,260.
OFFICE OF THE CHAPLAIN
For office of the Chaplain, $31,800.
OFFICE OF THE SECRETARY
For office of the Secretary, $3,323,290, including $151,370 required
for the purpose specified and authorized by section 74b of Title 2,
United States Code: Provided, That, effective October 1, 1976, the
Secretary may appoint and fix the compensation of a Bill Clerk at not to
exceed $25,440 per annum in lieu of not to exceed $19,080 per annum; an
Assistant Bill Clerk at not to exceed $19,080 per annum in lieu of not
to exceed $12,720 per annum; a Secretary at not to exceed $17,172 per
annum in lieu of a Receptionist at not to exceed $17,172 per annum; a
Registrar at not to exceed $16,218 per annum in lieu of a secretary to
the Curator at not to exceed $16,218 per annum; a Clerk at not to
exceed $10,812 per annum in lieu of an Assistant Messenger at not to
exceed $10,812 per annum; an Historian at not to exceed $29,574 per
annum; an Associate Historian at not to exceed $18,126 per annum; a
Photo Historian at not to exceed $25,281 per annum; a Research
Assistant to Historian at not to exceed $10,335 per annum; a Secretary
to Historian at not to exceed $11,130 per annum; an Information Clerk,
Digest, at not to exceed $10,017 per annum; and a Secretary, Stationery
Room, at not to exceed $13,356 per annum: Provided further, That,
effective October 1, 1976, the allowance for clerical assistance and
readjustment of salaries in the Disbursing Office is increased by
$37,842.
committee employees
For professional and clerical assistance to standing committees and
the Select Committee on Small Business, $9,660,685
conference committees
For clerical assistance to the Conference of the Majority and the
Conference of the Minority, at rates of compensation to be fixed by the
Chairman of each such committee, $227,255 for each committee; in all,
$454,510.
administrative and clerical assistants to senators
For administrative and clerical assistants to Senators, $48,190,355.
legislative assistance to senators
For legislative assistance to Senators, $5,500,000.
office of sergeant at arms and doorkeeper
For office of the Sergeant at Arms and Doorkeeper, $15,579,010:
Provided, That, effective October 1, 1976, the Sergeant at Arms and
Doorkeeper may appoint and fix the compensation of an Administrative
Assistant to the Sergeant at Arms and Doorkeeper at not to exceed
$36,729 per annum in lieu of not to exceed $35,298 per annum; a
Superintendent, Service Department at not to exceed $35,457 per annum in
lieu of not to exceed $31,482 per annum; a Director, Computer Center at
not to exceed $31,482 per annum in lieu of not to exceed $34,344 per
annum; a Director, Recording Studio at not to exceed $35,457 per annum
in lieu of not to exceed $34,662 per annum; a Telecommunications
Adviser at not to exceed $29,574 per annum in lieu of not to exceed
$27,348 per annum; a Chief Cabinetmaker at not to exceed $22,737 per
annum in lieu of not to exceed $20,670 per annum; a Chief Janitor at
not to exceed $19,557 per annum in lieu of not to exceed $17,808 per
annum; an Assistant Superintendent, Service Department at not to exceed
$22,578 per annum in lieu of not to exceed $20,988 per annum; a Night
Supervisor, Service Department at not to exceed $19,875 per annum in
lieu of not to exceed $15,264 per annum; a Supervisor, Printing Section
at not to exceed $18,921 per annum in lieu of a Foreman of Duplicating
Department at not to exceed $17,808 per annum; a Supervisor, Folding
Section at not to exceed $18,921 per annum in lieu of a Chief Machine
Operator at not to exceed $15,582 per annum; a Supervisor,
Addressograph Section at not to exceed $18,921 per annum in lieu of not
to exceed $14,628 per annum; two Audio Engineers at not to exceed
$13,356 per annum each in lieu of an Audio Engineer at not to exceed
$13,356 per annum; a Micrographics Supervisor at not to exceed $21,147
per annum; an Assistant micrographics Supervisor at not to exceed
$16,536 per annum; a Secretary-Receptionist at not to exceed $10,812
per annum; a Senior Folding Machine Operator at not to exceed $12,243
per annum; a Senior Addressograph Operator at not exceed $12,243 per
annum; twenty Laborers, Service Department at not exceed $9,222 per
annum each in lieu of seventeen Laborers, Service Department at not to
exceed $9,222 per annum each; ten Office Systems Specialists at not to
exceed $15,582 per annum each in lieu or seven Office Systems
Specialists at not to exceed $15,582 per annum each; ten Senior
Programmer Analysts at not to exceed,25,122 per annum each in lieu of
eight Snior Programmer Analysts at not to exceed $25,122 per annum each;
three Network Technicians at not to exceed $20,352 per annum each in
lieu of a Network Technician at not to exceed $20,352 per annum; two
Secretary-Typists at not to exceed $12,402 per annum each; three
Systems Supervisor at not to exceed $29,892 per annum; an Operations
Supervisor at not to exceed $20,988 per annum; eight Lead Operators at
not to exceed $14,628 per annum each in lieu of six Lead Operators at
not to exceed $14,628 per annum each; two Data Conversion Operators at
not to exceed $10,017 per annum each in lieu of a Data Conversion
Operator at not to exceed $10,017 per annum; a Training Specialist at
not to exceed $20,034 per annum; five Printing Operators at not exceed
$14,946 per annum each; three Quality Controllers at not to exceed
$14,946 per annum each; three Assistant Chief Telephone Operators at
not to exceed $13,356 per annum each and an Suditor at not to exceed
$13,356 per annum each and an Auditor at not at exceed $13,356 per annum
in lieu of four Assistant Chief Telephone Operators at not to exceed
$13,356 per annum each; twenty-one Telephone Operators at not to exceed
$10,494 per annum each, a Secretary at to not exceed $10,494 per annum,
four Clerks at not to exceed $10,494 per annum each, and an Auditor at
not to exceed $10,494 per annum in lieu of twenty-seven Telephone
Operators at not to exceed $10,494 per annum each; a Chief Barber at
not to exceed $12,084 per annum in lieu of a Foreman of Skilled Laborers
at not to exceed $12,084 per annum; a Chief Barber at not to exceed
$10,971 per annum; two Barbers at not to exceed $11,130 per annum each
in lieu of two Skilled Laborers at not to exceed $11,130 per annum each;
three Barbers at not to exceed $9,381 per annum each; forty-eight
Laborers at not to exceed $9,222 per annum each and a Barber Shop
Attendant at not to exceed $9,222 per annum in lieu of forty-nine
Laborers at not to exceed $9,222 per annum each; a Barber Shop
Attendant at not to exceed $4,134 per annum; seven Detectives, Police
Force at not to exceed $14,946 per annum each in lieu of not to exceed
$13,992 per annum each; sixteen Technicians, Police Force at not to
exceed $13,992 per annum each in lieu of not to exceed $13,038 per annum
each; eight Plainclothesmen, Police Force at not to exceed $13,992 per
annum each in lieu of not to exceed $13,038 per annum each; and six K-9
Officers, Police Force at not to exceed $13,992 per annum each in lieu
of not to exceed $13,038 per annum each: Provided further, That not to
exceed $45,000 of this appropriation may be used to employ special
deputies.
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND
MINORITY
For offices of the Secretary for the Majority and the Secretary for
the Minority, $311,645.
AGENCY CONTRIBUTIONS AND LONGEVITY COMPENSATION
For agency contributions for employee benefits and longevity
compensation, as authorized by law, $5,500,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the office of the Legislative Counsel of
the Senate, $629,700.
Contingent Expenses of the Senate
SENATE POLICY COMMITTEES
For salaries and expenses of the Majority Policy Committee and the
Minority Policy Committee, $422,855 for each such committee; in all,
$845,710.
AUTOMOBILES AND MAINTENANCE
For purchase, lease, exchange, maintenance, and operation of
vehicles, one for the Vice President, one for the President pro tempore,
one for the Majority Leader, one for the Minority Leader, one for the
Majority Whip, one for the Minority Whip, for carrying the mails, and
for official use of the offices of the Secretary and the Sergeant at
Arms and Doorkeeper, $45,000.
INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered by the Senate,
or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth
Congress, as amended, 2 USC 1906. including $600,385 for the Committee
on Appropriations, to be available also for the purposes mentioned in
Senate Resolution Numbered 193, agreed to October 14, 1943, and Senate
Resolution Numbered 140, agreed to May 14, 1975, $21,854,485.
FOLDING DOCUMENTS
For the employment of personnel for folding speeches and pamphlets at
a gross rate of not exceeding $4.07 per hour per perso $90,905.
MISCELLANEOUS ITEMS
For miscellaneous items, $19,098,000: Provided, That not to exceed
$736,000 shall be available for the lease and alteration of space for
the Senate Computer Center if the Committee on Rules and Administration
determines that such facility cannot be located in existing space
available to the Senate or the House of Representatives.
POSTAGE STAMPS
For postage stamps for the offices of the Secretaries for the
Majority and Minority, $420; Chaplain, $200; and for air mail and
special delivery stamps for the office of the Secretary, $610; office
of the Sergeant at Arms and Doorkeeper, $240; and the President of the
Senate, as authorized by law, $1,215; in all, $2,685.
STATIONERY (REVOLVING FUND)
For stationery for the President of the Senate, $4,500, and for
committees and officers of the Senate, $27,150; in all, $31,650.
Administrative Provisions
Sec. 101. (a) Effective October 1, 1976, section 105(d)(1) of the
Legislative Branch Appropriation Act, 1968, as amended 2 USC 61 - 1.
and modified, is amended by striking out "calendar year" each place it
appears and inserting in lieu thereof "fiscal year".
(b) Subject to the provisions of section 10 (d)(2) of the Legislative
Branch Appropriation Act, 1968, as amended and modified, the amount of
accrued surplus available to any Senator under section 105(d)(1) of such
Act at the close of September 30, 1976, shall be available to that
Senator during the period beginning on October 1, 1976, and ending on
December 31, 1976, for the purposes of fixing the number and rates of
compensation of employees in his office.
Sec. 102. Section 108(c) of the Legislative Branch Appropriation
Act, 1976, // 2 USC 72a - 1c. // is amended by inserting "(1)" after
"(c)" and by adding at the end thereof the following new paragraph:
"(2) If (A) a Senator's service on a committee terminates (other than
by reason of his ceasing to be a Member of the Senate) or a Senator's
status on a committee as the chairman or ranking minority member of such
committee or a subcommittee thereof changes, and (B) the appointment of
an employee appointed under this section and designated to such
committee by such Senator would (but for this paragraph) thereby
terminate, such employee shall, subject to the provisions of subsection
(e), be continued as an employee appointed by such Senator under this
section until whichever of the following first occurs: (1) the close of
the tenth day following the day on which such Senator's service on such
committee terminates or his status on such committee changes or (2) the
effective date on which such Senator notifies the Secretary of the
Senate, in writing, that such employee is no longer the continued as an
employee appointed under this section. An employee whose appointment is
continued under this paragraph shall perform such duties as the Senator
who appointed him may assign.".
Sec. 103. Section 5533(c)(1) of title 5, United States Code, is
amended by inserting before the period at the end thereof "($10,540, in
the case of pay disbursed by the Secretary of the Senate)".
Sec. 104. // 2 USC 60c - 2a. // (a) The Secretary of the Senate is
authorized to reimburse any bank which clears items for the United
States Senate for the costs incurred therein. Such reimbursements shall
be made from the contingent fund of the Senate.
(b) The Secretary of the Senate is authorized to prescribe such
regulations as he deems necessary to govern the cashing of personal
checks by the Disbursing Office of the Senate.
(c) Whenever an employee whose compensation is disbursed by the
Secretary of the Senate becomes indebted to the Senate and such employee
fails to pay such indebtedness, the Secretary of the Senate is
authorized to withhold the amount of the indebtedness from any amount
which is disbursed by him and which is due to, or on behalf of, such
employee. Whenever an amount is withheld under this section, the
appropriate account shall be credited in an amount equal to the amount
so withheld.
Sec. 105. (a) Effective October 1, 1976, except as provided in
subsections (b) and (c), the maximum annual compensation of a mail
carrier in the Senate post office shall not exceed $8,109.
(b) In the case of a mail carrier in the Senate post office who was
serving as such a mail carrier on September 30, 1976, the maximum annual
rate of compensation shall not exceed $11,130, so long as his service as
such a mail carrier remain continuous.
(c) In the case of a mail carrier in the Senate post office (other
than a mail carrier whose compensation is fixed under subsection (b))
whose regularly scheduled daily tour of duty begins on or before 6 a.
m., the annual rate of compensation may be increased, in the descretion
of the Sergeant at Arms and Doorkeeper, by not to exceed 10 percent. If
such annual rate of compensation, as so increased, is not a multiple of
the figure set forth in the applicable Order of the President pro
tempore of the Senate issured under authority of section 4 of the
Federal Pay Comparability Act of 1970, // 2 USC 60a notes. // such rate
shall be adjusted to the next higher multiple of such figure. Sec. 106.
// 2 USC 121a. // (a) There is hereby established in the Treasury of
the United States a revolving fund within the contingent fund of the
Senate to be known as the Senate Employees Barber Shop Revolving Fund
(hereafter in this section referred to as the "revolving fund").
(b) All moneys received by the Senate employees barber shop from fees
for services or form any other source shall be deposited to the credit
of the revolving fund. Moneys in the revolving fund shall be available
without fiscal year limitation for disbursement by the Secretary of the
Senate for additional compensation of personnel of the Senate employees
barber shop, as determined by the Sergeant at Arms and Doorkeeper of the
Senate, and for necessary supplies of the Senate employees barber shop.
(c) On or before December 31 of each year, the Secretary of the
Senate shall withdraw from the revolving fund and deposit in the
Treasury of the United States as miscellaneous receipts an amount equal
to the amount in the revolving fund at the colse of the preceding fiscal
year, reduced by the amount of outlays from the revolving fund after the
close of such year attributable to abligations incurred during such
year.
(d) Disbursements from the revolving fund shall be made upon vouchers
signed by the Sergeant at Arms and Doorkeeper of the Senate.
(e) The Sergeant at Arms and Doorkeeper of the Senate is authorized
to prescribe such regulations as may be necessary to carry out the
provisions of this section.
(f) This section shall take effect on October 1, 1976.
Sec. 107. No provision of this Act // 2 USC 60a - 1a. // or of any
Act hereafter enacted which specifies a rate of compensation (including
a maximum rate) for any position or employee whose compensation is
disbursed by the Secretary of the Senate shall, unless otherwise
specifically provided therein, be construed to affect the applicability
of section 4 of the Federal Pay Comparability Act of 1970 to such rate.
Sec. 108. The second paragraph under the heading " Administrative
Provisions" in the Legislative Branch Appropriation Act, 1959 (72 Stat.
442; 2 U.S.C. 65b), is amemded by striking out "$2,000" and inserting
in lieu there of "$4,000 during any fiscal year".
Sec. 109. Section 502(b) of the Mutual Security Act of 1954 (5 (22
U.S.C. 1754(b)) is amended--,
(1) by inserting after " Joint Committee on Congressional
Operations" the following: "and the Select Committee on
Intelligence of the Senate"; and
(2) by adding at the end thereof the following new sentence: "
In the case of the Select Committee on Intelligence of the Senate,
such consolidated report may, in the discretion of the chairman of
such select committee, omit such information as would identify the
foreign countries in which members and employees of such select
committee traveled.".
Sec. 110. (a)(1) Notwithstanding any other provision of law but
subject to the provisions of paragraph (2), the Committee on Government
Operations in authorized, during the fiscal year ending September 30,
1977, to employ one additional professional staff menber at a per annum
rate not to exceed the rate provided for the four professional staff
members referred to in section 105(e)(3)(A) of the Legislative Branch
Appropriations Act, 1968, as maended // 2 USC 61 - 1. // and modified.
(2) The provisions of paragraph (1) shall cease to be effective when
and if the individual who was a reemployed annuitant and was employed by
such Committee at the per annum rate referred to in such paragraph on
August 25, 1976, ceases to be so employed at such rate.
(b)(1) Notwithstanding any other provision of law but subject to the
provisions of paragraph (2), the Committee on Commerce is authorized,
during the fiscal year ending September 30, 1977, to pay one additional
professional staff member at a per annum rate not to exceed the rate
provided for the two professional staff members referred to in section
105(e)(A) of the Legislative Branch Appropriations Act, 1968, as amended
and modified.
(2) The provisions of paragraph (1) shall cease to be effective when
and if any of the indivisuals who were paid by such Committee at the per
annum rate referred to in such paragraph on August 25, 1976, cease to be
paid at such rate.
sec. 111. Amounts required to be deposited in the Treasury of the
United States to the credit of the Civil Service Retirement and
Disability Fund under section 8344 of title 5, United States Code, with
respect to any officer or employee of the Senate, including an employee
in the office of a Senator, shall be paid from the contingent fund of
the Senate during the fiscal year ending September 30, 1977.
TITLE II
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of
Congress
For payment to Phyllis Macdonald, widow of Torbert H. Macdonald,
late a Representative from the State of Massachusetts, $44,600. For
payment to Charles and Mildred Litton, father and mother of Jerry L.
Litton, late a Representative from the State of Missouri, $44,600.
Compensation and Mileage for the Members
COMPENSATION OF Members
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), $21,543,800: Provided, That none of
the funds contained in this Act shall be used to increase salaries of
Members of the House of Representatives prusuant to section 204a of
Public Law 94 - 82 // 2 USC 31. // // 2 USC 356a. // in excess of the
salary rate in effect on September 30, 1976, for such position or
officer. No part of the funds appropriated in this Act or any other Act
shall be used to pay the salary of an individual in a position or office
referred to in section 225(f) of the Federal Salary Act of 1967, as
amended (2 U.S.C. 356), including a Delegate to the House of
Representatives, at a rate which exceeds the salary rate in effect on
September 30, 1976, for such position or office except increases
submitted by the President pursuant to section 225 of the Federal Salary
Act of 1967.
MILEAGE OF MEMBERS
For mileage of Members, as authorized by law, $210,000.
House Leadership Offices
For salaries ans expenses, as authorized by law, $1,568,500,
including: Office of the Speaker, $460,500 including $10,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$292,700, including $5,000 for official expenses of the Majority Leader;
Minority Floor Leader, $292,700, including $5,000 for official expenses
of the Minority Leader; Majority Whip, $261,300, including not to
exceed $46,432 for the Chief Deputy Majority Whip; Minority Whip,
$261,300, including not to exceed $46,432 for the Chief Deputy Minority
Whip.
Salaries, Officers and Employees
For compensation and expenses of officers and employees as authorized
by law, $20,420,100, including: Office of the Clerk, $4,672,000;
Office of the Sergeant at Arms, $8,456,000; Office of the Dookeeper,
,537,400; Office of the Postmaster, $1,073,000; including $18,657 for
employment of substitute messengers and extra services of regular
employees when required at the salary rate of not to exceed $10,039 per
annum each; Office of the Chaplain, $19,800; Office of the
Parliamentarian, including the Parliamentarian and $2,000 for preparing
the Digest of the Rules, $228,000; for compiling the precedents of the
House of Representatives, $255,000; Official Reporters of Debates,
$488,000; Official Reporters ot Committes, $560,800; two printing
clerks, one for the majority appointed by the majority leader and one
for the minority appointed by the minority leader, $30,000 to be equally
divided; a technical assistant in the Office of the Attending
Physician, to be appointed by the Attending Physician subject ot the
approval of the Speaker, $27,000; the House Democratic Steering
Committee, $357,200; the House Democratic Caucus, $69,300; the House
Republican Conference, $246,500; and six minority employees, $220,100.
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.
Committee Employees
For professional and clerical employees of standing committees,
including the Committee on Appropriations and the Committee on the
Budget, $21,805,000.
Committee on Appropriations (Studies and
Investigations)
For salaries and expenses, studies and examinations of executive
agencies, by the Committee on Appropriations and temporary personal
services for such committee, to be expended in accordance with section
202(b) of the Legislative Reorganization Act, 1946, // 2 USC 72a. //
and to be available for reimbursement to agencies for services
performed, $2,608,000.
Committee of the Budget (Studies)
For salaries, expenses, and studies by the Committee on the Budget,
and temporary personal services for such committee to be expended in
accordance with sections 101(c), 606, 703, and 901(e), of the
Congressional Budget Act of 1974, // 88 Stat. 300; 31 USC 11b, 1303;
88 Stat. 330. // and to be available for reimbursement to agencies for
services performed, $329,000.
Office of the Law Revision Counsel
For salaries and expenses of the Office of the Legislative Counsel of
the House, $1,293,000.
Members' Clerk Hire
For staff employed by each Member in the discharge of his official
and representative duties, $96,566,000.
Contingent Expenses of the House
ALLOWANCES AND EXPENSES
For allowances and expenses as authorized by House resolution or law,
$48,137,450, including: Computer and related services for Members,
$3,500,000; constituent communication expenses, $2,195,000; equipment
(purchase, lease, and maintenance), $5,150,000; district office
expenses, $865,0000; postage stamps for official special delivery and
overseas mail for the first session of the Ninety-fifth Congress to be
procured and furnished by the Clerk of the House of Representatives (1)
to each Representative, the Resident Commissioner of Puerto Rico, and
the Delegates from the District of Columbia, Guam, and the Virgin
Islands, upon request by such person, in an amount not exceeding $290,
(2) to the Speaker, the majority and minority leaders, and majority and
minority whips of the House of Representatives, upon request by such
person, in an amount not exceeding $260, (3) to each standing committee
of the House of Representatives, upon request of the chairman thereof,
in an amount not exceeding $170, and (4) to each of the following
officers of the House of Representatives, upon request such person, in
an amount not exceeding $370 for the Clerk of the House, $270 ofr the
Sergeant at Arms, $230 for the Doorkeeper, $180 for the Postmaster, and
$50 for the Chaplain, in all, $133,450; rental of district office
space, $6,220,000; transportation for Members, $2,350,000;
transportation for staff, $900,000; telegraph and telephone,
$9,383,000; supplies and materials, $1,512,000; furniture and
furnishings, $1,500,000; reporting hearings for stenographic reports of
hearings of committees, including special and select committees,
$1,525,000; salaries authorized by House resolutions, $1,680,000;
Government contributions to employees' life insurance fund, retirement
fund, and health benefits fund, $10,141,300; miscillaneous items
including, but not limited to, purchase, exchange, hire, driving,
maintenance, repair, and operation of House motor vehicles, and not to
exceed $5,000 for the purposes authorized by section 1 of House
Resolution 348, approved June 29, 1961, $1,082,700.
Such amounts as deemed necessary for the payment of allowances and
expenses within this appropriation may be transferred among accounts
upon approval of the Committee on Appropriations of the House of
Representatives.
STATIONERY (REVOLVING FUND)
For a stationery allowance for each Member for the first session of
the Ninety-fifth Congress, as authorized by law, $2,853,500, to remain
available until expended.
SPECIAL AND SELECT COMMITTEES
For salaries and expenses of special and select committees authorized
by the House, $23,993,000.
Administrative Provision
Sec. 101. the provisions of House Resolution 698, Ninety-fourth
Congress, authorizing the payment of overtime compensation to employees
of the Publication Distribution Service of the House of Representatives;
House Resolution 732, Ninety-fourth Congress, // 2 USC 60e - 1a, 60e -
1b. // authorizing the voluntary withholding of State income taxes
Members of the House of Representatives and employees whose compensation
is disbursed by the Clerk of the House of Representatives; House
Resolution 1368, Ninety-fourth Congress, establishing a Commission on
Administrative Review in the House of Representatives; and House
Resolution 1372, Ninety-fourth Congress, // 2 USC 57a. // limiting the
authority of the Committee on House Administration to fix and adjust
allowances, shall be the permanent low with respect thereto.
TITLE III
JOINT ITEMS
For joint committees, as follows:
Contingent Expenses of the Senate
JOINT ECONOMIC COMMITTEE
For salaries and expenses of the Joint Economic Committee $1,423,475.
JOINT COMMITTEE ON ATOMIC ENERGY
For salaries and expenses of the Joint Committee on Atomic Energy,
$663,600.
JOINT COMMITTEE ON PRINTING
For salaries and expenses of the Joint Committee on Printing,
$478,325.
AMERICAN INDIAN POLICY REVIEW COMMISSION
For salaries and expenses of the American Indian Policy Review
Commission necessary to carry out the provisions of Public Law 93 - 580,
// 25 USC 174 note. // $263,000: Provided, That, not to exceed
$100,000 of the funds appropriated under this heading for fiscal year
1976 and for the period ending September 30, 1976, shall remain
available until June 30, 1977.
Contingent Expenses of the House
JOINT COMMITTEE ON INTERNAL REVENUE TAXATION
For salaries and expenses of the Joint Committee on Internal Revenue
Taxation, $1,636,000.
JOINT COMMITTEE ON DEFENSE PRODUCTION
For salaries and expenses of the Joint Committee on Defense
Production, $168,000.
JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS
For salaries and expenses of the Joint Committee on Congressional
Operations, including the Office of Placement and Office Management,
$661,500.
For other joint items, as follows:
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including (1) an allowance of $1,000 per month to the Attending
Physician; (2) an allowance of $600 per month to one senior medical
officer while on duty in the Attending Physician's office; (3) an
allowance of $200 per month each to two medical officers while on duty
in the Attending Physician's office; (4) an allowance of $200 per month
each to not exceed eight assistants on the basis heretofore provided for
such assistance; and (5) $262,073 for reimbursement to the Department
of the Navy for expenses incurred for staff and equipment assigned to
the Office of the Attending Physician, such amount shall be advanced and
credited to the applicable appropriation or appropriations from which
such salaries, allowances, and other expenses are payable and shall be
available for all the purposes thereof, $387,800.
Capitol Police
GENERAL EXPENSES
For purchasing and supplying uniforms; the purchase, maintenance,
and repair of police motor vehicles, including two-way police radio
equipment; contingent expenses, including advance payment for travel
for training or other purposes, and expenses associated with the
relocation of instructor personnel to and from the Federal Law
Enforcement Training Center as approved by the Chairman of the Capitol
Police Board, and including $40 per month for extra services performed
for the Capitol Police Board by such member of the staff of the Sergeant
at Arms of the Senate or the House as may be designated by the Chairman
of the Board, $702,000.
CAPITOL POLICE BOARD
To enable the Capitol Police Board to provide additional protection
for the Capitol Buildings and Grounds, including the Senate and House
Office Buildings and the Capitol Power Plant, $1,618,860. 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, // D. C. Code 9 - 126a. // and the Mayor of the District of
Columbia is authorized and directed to make such details upon the
request of the Board. Personnel so detailed shall, during the period of
such detail, serve under the direction and instructions of the Board and
are authorized to exercise the same authority as members of such
Metropolitan Police and members of the Capitol Police and to perform
such other duties as may be assigned by the Board. Reimbursement for
salaries and other expenses of such detail personnel shall be made to
the Government of the District of Columbia, and any sums so reimbursed
shall be credited to the appropriation or appropriations from which such
salaries and expenses are payable and shall be available for all the
purposes thereof: Provided, That any person detailed under the
authority of this paragraph or under similar authority in the
Legislative Branch Appropriation Act, 1942, // 55 Stat. 456. // and the
Second Deficiency Appropriation Act, 1940, // 54 Stat. 629. // from the
Metropolitan Police of the District of Columbia shall be deemed a member
of such Metropolitan Police during the period or periods of any such
detail for all purposes of rank, pay, allowances, privileges, and
benefits to the same extent as though such detail had not been made, and
at the termination thereof any such person shall have a status with
respect to rank, pay, allownaces, privileges, and benefits which is not
less than the status of such person in such police at the end of such
detail: Provided further, That the Mayor of the District of Columbia is
directed (1) to pay the assistant chief detailed under the authority of
this paragraph and serving as Chief of the Capitol Police, the salary of
assistant chief plus $i,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 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 and such increases in basic
compensation as may be subsequently provided by law so long as this
position is held by the present incumbent, (5) to pay the captain
detailed under the authority of this paragraph the salary of captain
plus $1,625 and such increases in basic compensation as may be
subsequently provided by law so long as this position is held by the
present incumbent, (6) to pay the lieutenant detailed under the
authority of this paragraph the salary of lieutenant and such increases
in basic compensation as may be subsequently provided by law so long as
this position is held by the present incumbent, (7) to elevate and pay
the sergeant detailed under the authority of this paragraph the rank and
salary of lieutenant and such increases in basic compensation as amy be
subsequently provided by law so long as this position is held by the
present incumbent, (8) to pay the three 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,
(9) to elevate and pay the detective, grade 2, detailed under the
authority of this paragraph the rank and salary of detective sergeant
ans 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 pay the three sergeants of the uniform force detailed under the
authority of this paragraph the salary of sergeant ans such increases in
basic compensation as may be subsequently provided by law so long as
these positions are held by the present incumbents: Provided further,
That $109,230 of this amount is provided to cover the costs of a 6
percent salary increase, approved retroactive to October 1, 1975, for
the purpose of reimbursing the District of Columbia government for the
costs of that salary increase from October 1, 1975, through September
30, 1976.
No part of any appropriation contained in this Act shall be paid as
compensation to any person appointed after June 30, 1935, as as 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.
Education of Pages
For education of congressional pages and pages of the Supreme Court,
pursuant to part 9 of title IV of the Legislative Reorganization Act,
1970, // 2 USC 88b - 1 and note; 40 USC 184a. // and section 243 of
the Legislative Reorganization Act, 1946, // 2 USC 88a. // $180,200,
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 // D.C. Code 31 - 121. // 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.
Official Mail Costs
For expenses necessary for official costs pursuant to title 39, U.S.
C., section 3216, $46,904,000, to be available immediately on enactment
of this Act.
The foregoing amounts under "other joint items" shall be disbursed by
the Clerk of the House.
Capitol Guide Service
For salaries and expenses of the Capitol Guide Service, $389,100, 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.
Statements of Appropriations
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-fourth Congress, showing
appropriations made, indefinite appropriations, and contracts
authorized, together with a chronological history of the regular
appropriation bills as required by law, $13,000, to be paid to the
persons designated by the chariman of such committees to supervise the
work.
TITLE IV
OFFICE OF TECHNOLOGY ASSESSMENT
Salaries and Expenses
For salaries and expenses necessary to carry out the provisions of
the Technology Assessment Act of 1972 // 2 USC 471 note. // (Public Law
92 - 484), $6,624,000.
TITLE V
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For salaries and expenses necessary to carry out the provisions of
the Congressional Budget Act of 1974 // 31 USC 1301 note. // (Public
Law 93 - 344), $9,319,200: Provided, That none of these funds shall be
available for the purchase or hire of a passenger motor vehicle:
Provided further, That none of the funds in this Act shall be available
for salaries or expenses of any employee of the Congressional Budget
Office in excess of 208 staff employees: Provided further, // 2 USC
604. // That the Congressional Budget Office shall have the authority
to contract without regard to section 5 of title 41 of the United States
Code (section 3709 of the Revised Statutes, as amended).
TITLE VI
ARCHITECT OF THE CAPITOL
Office of the Architect of the Capitol
SALARIES
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, $1,770,100.
Appropriations under the control of the Architect of the Capitol //
40 USC 166a. // shall be available for expenses of travel of official
business not to exceed in the aggregate under all funds the sum of
$20,000.
CONTINGENT EXPENSES
To enable the Architect of the Capitol to make surveys and studies,
to incur expenses authorized by the Act of December 13, 1973 (87 Stat.
704), // 40 USC 166d, 166e. // and to meet unforeseen expenses in
connection with activities under his care $120,000.
Capitol Buildings and Grounds
CAPITOL BUILDINGS
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; security installations authorized by H. Con. Res.
550, Ninety-second Congress, agreed to September 19, 1972, the cost
limitation of whichis hereby further increased by $800,000; furnishings
and office equipment; special and protective clothing for workmen;
uniforms or allowances therefor as authorized by law (5 U.S.C. 5901 -
5902); personal and other services; cleaning and repairing works of
art and prevention and eradication of insect and other pests without
regard to section 3709 of the Revised Statutes, as amended; // 41 USC
5. // preservation of historic drawings through use of document
conservation laboratory facilities of the Library of Congress on a
reimbursable basis; 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, $5,853,900.
Not to exceed $15,000 of the unobligated balance of the appropriation
under this head for the fiscal year 1976 is hereby continued available
until September 30, 1977.
Not to exceed $193,500 of the unobligated balance of that part of the
appropriation under this head for the fiscal year 1975, continued
available until June 30, 1976, is hereby continued available until
September 30, 1977.
CAPITOL GROUNDS
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 ot section 3709 of the
Revised Statutes, as amended, // 40 USC 223. // $1,832,800: Provided,
That hereafter, funds appropriated under this heading shall be available
for the purchase of rental, maintenance and operation of passenger motor
vehicles to provide shuttle service for Members and employees of
Congress to and from the buildings in the Legislative group.
Not to exceed $94,500 of the unobligated balance of the appropriation
under this head for the fiscal year 1976 is hereby continued available
until September 30, 1977.
SENATE OFFICE BUILDINGS
For maintenance, miscillaneous items and supplies, including
furniture, furnishings, and equipment, and for labor and material
incident thereto, and repairs thereof; for purchase of waterproof
wearing apparel, and for personal and other services; for the care and
operation of the Senate Office Buildings; including the subway and
subway transporatation systems connecting the Senate Office Buildings
with the Capitol; uniforms or allownaces therefor as authorized by law
(5 U.S.C. 5901 - 5902), prevention and eradication of insect and other
pests without regard to section 3709 of the Revised Statutes as amended;
// 41 USC 5. // to be expended under the control and supervision of
the Architect of the Capitol in all $10,408,000, of which $980,000 shall
remain available until expended.
Not to exceed $120,000 of the unobligated balance of the
appropriation under this head for the fiscal year 1975, continued
available until June 30, 1976, is hereby continued available until
September 30,1977.
SENATE GARAGE
For maintenance, repairs, alterations, personal and other services,
and all other necessary expenses, $139,500.
HOUSE OFFICE BUILDINGS
For maintenance, includnig equipment; waterproof wearing apparel;
uniforms or allowances thereofr 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 Stattutes, as amended;
miscellaneous items; and for all necessary services, including the
position of Superintendent of Garages as authorized by law,
$144,448,000, of which $2,065,000 shall remain available until expended.
CAPITOL POWER PLANT
For lighting, heating, and power (including the purchase of
electrical energy) for the Capitol, Senate and House Office Buildings,
Supreme Court Buildings, Congressional Library Buildings, and the
grounds about the same, Botanic Garden, Senate garage, and for
airconditioning refrigeration not supplied from plants in any of such
buildings; for heating the Government Printing Office, Washington City
Post Office, and Folger Shakespeare Libary, 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 maintenence and
operation of the plant, $11,172,000.
MODIFICATIONS AND ENLARGEMENT, capitol POWER PLANT
For an additional amount for " Modifications and Enlargement, Capitol
Power Plant", $12,000,000, to remain available until expended, and the
limit of cost authorized by Public Law 93 - 50 (87 Stat. 109 - 110) for
such project is increased by such additional amount.
Library Buildings and Grounds
STRUCTURAL AND MECHANICL CARE
For necessary expenditures for mechanical and structural maintenance,
including improvements, equipment, supplies, waterproof wearing apparel,
and personal and other services, $2,241,200, of which $150,000 shall
remain available until expended.
Not to exceed $71,000 of the unobligated balance of the appropriation
under this head for the fiscal year 1976 is hereby continued available
until September 30, 1977.
Automatic Elevator Operators
No part of the funds appropriated under this Act shall be used for
the payment of compensation for more than forty-six elevator operator
positions under the heading " Architect of the Capitol, Capitol
Buildings", sixteen elevator operator positions under the heading "
Architect of the Capitol, Senate Office Buildings"; and twenty-eight
elevator operator positions under the heading " Architect of the
Capitol, House Office Buildings": Provided, That such provision shall
not be applicable to present incumbents of elevator operator positions.
TITLE VII
BOTANIC GARDEN
Salaries and Expenses
For all necessay expenses incident to maintaining, operating,
repairing, and improving the Botanic Garden and the nurseries, buildings
grounds, collections, and equipemtn pertaining thereto, including
personal serivces; 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 deseases by pruchase 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, $1,164,900.
TITLE VIII
LIBRARY OF CONGRESS
Salaries and Expenses
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,
$66,978,000.
Copyright Office
SALARIES AND EXPENSES
For necessary expneses of the Copyright Office, including publication
of the decisions of the Untied States courts involving copyrights,
$9,408,300: Provided, That $1,683,000 of this appropriation shall be
available only upon enactment into law of S. 22 or equivalent
legislation.
National Commission on New Technological Uses of of Copyrighted Works
SALARIES AND EXPENSES
For necessary expenses of the National Commission on New
Technological Uses of Copyrighted Works, $559,500.
Congressional Research Service
SALARIES NAD EXPENSES
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), $19,293,200:
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.
Distribution of Catalog Cards
SALARIES AND EXPENSES
For necessary expenses for the preparation and distribution of
catalog cards and other publications of the Library, $11,993,000.
Books for the General Collections
For necessary expenses (except personal services) for acquisition of
books, periodicals, and newspapers, and all other material for the
increase of the Library, $1,760,000, 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.
Books for the Law Library
For necessary expenses (except personal services) for acquisition of
books, legal periodicals, and all other material for the increase of the
law library, $286,000, to remain available until expended.
Books for the Blind and Physically Handicapped
SALARIES AND EXPENSES
For salaries and expenses to carry out the provisions of the Act
approved March 3, 1931 (2 U.S.C. 135a), as amended, $21,729,000.
Collection and Distribution of Library Materials
(Special Foreign Currency Program)
For necessary expenses for carrying out the provisions of section
104(b)(5) of the Agricultural Trade Development and Assistance Act of
1954, as amended (7 U.S.C. 1704), to remain available until expended,
$2,910,200, of which $2,680,200 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.
Furniture and Furnishings
For necessary expenses for the purchase and repair of furniture,
furnishings, office and library equipment, $2,942,000, of which
$1,729,000 shall be abailable 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.
Revision of Annotated Constitution
SALARIES AND EXPENSES
For necessary expenses to enable the Librarian to revise and extend
the Annotated Constitution of the United States of America, $36,000, to
remain available until expended.
Administrative Provisions
Sec. 801. Appropriations in this Act available to the Library of
Congress for salaries shall be available for expenses of personnel
security and suitability investigations of Library employees; special
and temporary services (including employees engaged by day or hour or in
piecework); and services as aothorized by 5 U.S.C. 3109.
Sec. 802. // 2 USC 169. // Not to exceed fifteen positions in the
Library of Congress may be exempt from the provisions of appropriation
acts concerning the employment of aliens during the current fiscal year,
but the Librarian shall not make any appointment to any such position
until he has ascertained that he cannot secure for such appointments a
person in any of the categories specified in such provisions who
possesses the special qualifications for the particular position and
also otherwise meets the general requirements for employment in the
Library of Congress.
Sec. 803. // 2 USC 143a. // Funds available to the Library of
Congress may be expended to reimburse the Department of State for
medical services rendered to employees of the Library of Congress
stationed abroad and for contracting on behalf of and horing alien
employees for the Library of Congress under compensation plans
comparable to those authorezed by section 444 of the Foreign Service Act
of 1946, as amended (22 U.S.C. 889(a)); for purchase or hire of
passenger motor vehicles; for payment of travel, storage and
transportation of household goods, and transportation and per diem
expenses for families en route (not to exceed twenty-four); for
benefits comparable to those payable under sections 911(9), 911(11), and
941 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136( 9),
1136(11), and 1156, respectively); and travel benefits comparable with
those which are now or hereafter may be granted single employees of the
Agency for International Development, including single Foreign Service
personnel assigned to A.I.D. projects, by the Administrator of the
Agency for International Development--or his designee--under the
authority of section 636(b) of the Foreign Assistance Act of 1961
(Public Law 87 - 195, 22 U.S.C. 2396(b)); subject ot such rules and
regulations as may be issued by the Librarian of Congress.
Sec. 804. Payments in advance for subscriptions or other charges for
bibliographical data, publications, materials in any other form, and
services may be made by the Librarian of Congress whenever he determines
it to be more prompt, efficient, or economical to do so in the interest
of carrying out required Library programs.
Sec. 805. Appropriations in this Act available to the Library of
Congress shall be available, in an amount not to exceed $92,000, when
specifically authorized by the Librarian, for Expenses of attendance at
meetings concerned with function or activity for which the appropriation
is made.
Sec. 806. 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).
Sec. 807. Funds available to the Library of Congress may be expended
to purchase, lease, maintain, and otherwise acquire automatic data
processing equipment without regard to the provisions of 40 U.S.C. 759.
Sec. 808. The Disbursing Officer of the Library of Congress is
authorized to disburse funds appropriated for the Congressional Budget
Office, and the Library of Congress shall provide financial management
support to the Congressional Budget Office as may be required and
mutually agreed to by the Librarian of Congress and the Director fo the
Congressional Budget Office. // 2 USC 142e. //
All vouchers certified for payment by duly authorized certifying
officers of the Library of Congress shall be supported with a
certification by an officer or employee of the Congressional Budget
Office duly authorized in writing by the Director of the Congressional
Budget Office to certify payments from appropriations of the
Congressional Budget Office. The Congressional Budget Office certifying
officers shall (1) be held responsible for the existence and correctness
of the facts recited in the certificate of otherwise stated on the
voucher or its supporting paper and the legality of the proposed payment
under the appropriation or fund involved, (2) be held responsible and
accountable for the correctness of the computations of certifications
made, and (3) be held accountable for and required to make good to the
United States the amount of any illegal, improper, or incorrect payment
resulting from any false, inaccurate, or misleading certificate made by
him, as well as for any payment prohibited by law which did not
represent a legal obligation under the appropriation or fund involved:
Provided, That the Comptroller General of the United States may, at his
discretion, relieve such certifying officer or employee of liability for
any payment otherwise proper whenever he finds (1) that the
certification was based on official records and that such certifying
officer or employee did not know, and by reasonable diligence and
inquiry could not have ascertained the actual facts, or (2) that the
obligation was incurred in good farith, that the payment was not
contrary to any statutory provision specifically prohibiting payments of
the character involved, and the United States has received value for
such payment: Provided further, That the Comptroller General
overpayment for transportation services made to any common carrier
covered by section 66 of title 49, whenever he finds that the
overpayment occurred solely because the administrative examination made
prior to payment of hte transportation bill did not include a
verification of transportation rates, freight classifications, or land
grant deduction. (Public Law 58 - 53, paragraph 3, June 13, 1957, 71
Stat. 81.)
The Disbursing Officer of the Library of Congress shall not be held
accountable or responsible for any illegal, improper, or incorrect
payment resulting from any false, inaccurate, or misleading certificate,
the responsibility for whichis imposed upon a certifying officer or
employee of the Congressional Budget Office.
TITLE IX
COPYRIGHT ROYALTY COMMISSION
Salaries and Expenses
For nicessary expenses of the Copyright Royalty Commission, $268,000,
which shall be abailable only upon enactment into law of S.22 or
equivalent legislation.
TITLE X
GOVERNMENT PRINTING OFFICE
Printing and Binding
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); printing, binding, and
distribution of the Federal Register (including the Code of Federal
Regulations) as authorezed by law (44 U.S.C. 1509, 1510); and printing
and binding of Government publications authorized by law to be
distributed without charge the recipient, $93,639,000: Provided, That
this appropriation shall not be available for printing and binding part
2 of the anual report of the Secretary of Agriculture (known as the
Yearbook of Agriculture): Provided further, That this appropriation
shall be abailable for the payment of abligations incurred under the
appropriations for similar purposes for preceding fiscal years.
Hereafter, notwithstanding any other provisions of law, // 44 USC 728
note. // appropriations for the automatic distribution to Senators and
Representatives (including Delegates to Congress and the Resident
Commissioner from Puerto Rico) of copies of the United States Statutes
at Large shall not be abailable with respect to any Senator or
Representative unless such Senator or Representative specifically, in
writing, requests that he receive copies of such document.
Office of Superintendent of Documents
SALARIES AND EXPENSES
For necessary expenses of the Office of Superintendent of Documents,
including compensation of all employees in accordance with the
provisions of 44 U.S.C. 305; travel expenses (not to exceed $88,300):
Provided, That expenditures in connection with travel expenses of the
Depository Library Council to the Public printer shall be deemed
necessary to carry out the provisions of chapter 19 of title 44, United
States Code; // 44 USC 1901. // price lists and bibliographies;
repairs to buildings, elevators, and machinery; and supplying books to
depository libraries; $47,188,400: Provided, That $300,000 of this
appropriation shall be apportioned for used prusuant 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.
Government Printing Office 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, // 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:
Provided further, That funds available ot the Government Printing Office
may be expended to purchase, lease maintain and otherwise acquire
automatic data processing equipment without regard to the provisions of
40 U.S.C. 759: Provided further, That funds available to the
TITLE XI
GENERAL ACCOUNTING OFFICE
Salaries and Expenses
For necessary expenses of the General Accounting Office, including
not to exceed $5,000 to be expended on the certification of the
Comptroller General of the United States in connection with special
studies of governmental financial practices and procrdures; services as
authorized by 5 U.S.C. 3109 but at rates for induviduals not to exceed
the per diem rate equivalent to the rate for grade GS - 18; // 5 USC
5332 note. // hire of one passenger motor vehicle; advance payments in
foreign countires notwithstanding section 3648, Revised Statutes, as
amended (31 U.S.C. 529); benefits comparable to those payable under
section 911(9), 911(11) and 942(a) of the Foreign Service Act of 1946,
as amended (22 U.S.C. 1136(9), 1136(11), and 1157(a), respectively);
and under regulations prescribed by the Comptroller General of the
United States, rental fo 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 Agnecy 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)),
$150,580,000: Provided, That this appropriation and appropriations for
administrative expenses of any other department or agency which is a
member of the Joint Financial Management Improvement Program (JFMIP)
shall be available to finance an appropriate share of JFMIP costs as
determined by the JFMIP, including but not limited to the salry of the
Executive Secretary and secretarial support: Provided further, That
this appropriation and appropriations for administrative expenses of any
other department or agency which is a member of the National
Intergovernmental Audit Forum or a Regional Intergovernmental Audit
Forum shall be available to finance an appropriate share of Forum costs
as determined by the Forum, including necessary travel expenses of
non-Federal participants. Payments hereunder to either the Forum or the
JFMIP may be credited as reimbursements to any appropriation from which
costs involved are initially financed.
TITLE XII
COST- ACCOUNTING STANDARDS BOARD
Salaries and Expenses
For expenses of the Cost-Accounting Standards Board necessary to
carry out the provision of section 719 of the Defense Production Act of
1950, as amended // 50 USC app. 2168. // (Public Law 91 - 379, approved
August 15, 1970), $1,700,000.
TITLE XIII
GENERAL PROVISIONS
Sec. 1301. 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
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration.
Sec. 1302. Whenever any office or position not specifically
established by the Legislative Pay Act of 1929 // 46 Stat. 32. // is
appropriated for herein or wherever the rate of compensation or
designation of any position appropriated for herein is defferent 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 ther
permanent law with repect thereto.
Sec. 1303. No part of any appropriation contained in this Act shall
remain available for abligation beyond the current fiscal year unless
expressly so provided herein.
sec. 1304. Notwithstanding any other provision of law, none of the
funds in this Act shall be used to pay Pages of the House of
Representatives at a gross annual maxumum rate of compensation in excess
of that in effect on June 30, 1975. Effective October 1, 1976, the
gross annual maximum rate of compensation of Pages of the Senate shall
be $9,063, and such rate shall not be adjusted under any Order of the
President pro tempore of the Senate issued under authority of section 4
of the Federal Pay Comparability Act of 1970, // 2 USC 60a notes. //
except to the multiple specified in any sucn Order which is nearest to
but not less than $9,606.
Sec. 1305. (a) The Sergeant at Arms and Doorkeeper of the Senate and
Sergeant at Arms of the House may (1) designate as a private, first
class, any private of the Capitol Police whose pay is disbursed by the
Secretary of the Senate or Clerk of the House who has served
satisfactorily as a member of the Capitol Police for thirty months or
more, and (2) fix the compansation of any such private, first class, at
not to exceed $13,038 per annum: Provided, That the Sergeant at Arms of
the House may fix the compensation of seven Detectives, Police Force at
not exceed $14,946 per annum each in lieu of not to exceed $13,992 per
annum each; nineteen Technicians, Police Force at not to exceed $13,992
per annum each in lieu of not to exceed $13,038 per annum each; eight
Plaincolthesmen, Police Force at not to exceed $13,992 per annum each in
lieu of not to exceed $13,038 per annum each; and six K-9 Officers,
Police Force at not to exceed $13,992 per annum each in lieu of not to
exceed $13,038 per annum each.
(b) Subsection (a) shall take effect October 18 1976. Any
designation of a private of the Capitol Police as a private, first
class, shall be made effective on the first day of a month, and no such
designation may be effective before the first day of the first month
which begins after the day on which such private has served
satisfactorily as a member of the Capitol Police for thirty months.
COST OF LIVING ADJUSTMENTS
Sec. 1306. (a) Section 8340(b) of title 5, United States Code, is
amended by striking out "1 percent plus". (b) // 5 USC 8340 note. //
The amendment made by subsection (a) shall apply to any increase in
annuities after the date of anactment of this Act.
(c)(1) Section 8340(b) of title 5, United States Code, as amended by
subsection (a), is amended to read as follows:
"(b)(1) The Commission shall--,
"(A) on January 1 of each year, or within a reasonable time
thereafter, determine the percent change in the price index
published for December of the preceding year over the price index
published for June of the preceding year, and
"(B) on July 1 of each year, or within a reasonable time
thereafter, determine the percent change in the price index
published for June of such year over the price index published for
December of the preceding year.
"(2) If in any year the percent change determined under either
paragraph (1)(A) or (1)(B) indicates a rise in the price index, then--,
"(A) effective March 1 of such year, in the case of an increase
under paragraph (1)(A), each annuity payable from the Fund having
a commencing date not later than such March 1 shall be increased
by the percent change computed under such paragraph, adjusted to
the nearest 1/10 of 1 percent, or
"(B) effective September 1 of such year, in the case of an
increase under paragraph (1)(B), each annuity payable, from the
Fund having a commencing date not later than such September 1
shall be increased by the percent change computed under such
paragraph, adjusted to the nearest 1/10 of 1 percent.".
(2) // 5 USC 8340 note. // The amendment made by subsection (1)
shall apply to any increase in annuities after the date of anactment of
this Act, except that with respect to the first date after the date of
anactment of this Act on which the Commission is to determine a percent
change, such percent change shall be determined by computing the change
in the price index published for the month immediately preceding such
first date over the price index for the last month prior to the date of
enactment of this Act for which the price index showed a percent rise
forming the basis for a cost-of-living annuity increase under section
8340(b) of title 5, United States Code, as in effect immediately prior
to the date of the anactment of this Act.
(d)(1) Section 1401a(b) of title, 10, United States Code, in amended
to read as follows:
"(b)(1) The Secretary of Defense shall--,
"(A) on January 1 of each year, or within a reasonable time
thereafter, determine the percent change in the index published
for December of the preceding year over the index published for
June of th preceding year; and
"(B) on July 1 of each year, or within a reasonable time
thereafter, determine the percent change in the index published
for June of such year over the index published for December of the
previous year.
"(2) If in any year the percent change determined under either
paragraph (1)(A) or (1)(B) indicates a rise in the index, then--,
"(A) effective March 1 of such year, in the case of an increase
under paragraph (1)(A), the retired pay and retainer pay of
members and former members of the armed forces who become entitled
to that pay before such March 1 shall be increased by the percent
change computed under such paragraph, adjusted to the nearest 1/10
of 1 percent; and
"(B) effective September 1 of such year, in the case of an
increase under paragraph (1)(B), the retired pay and retainer pay
of members and former members of the armed forces who become
entitled to that pay before such September 1 shall be increased by
the percent change computed under such paragraph, adjusted to the
nearest 1/10 of 1 percent.".
(2) The amendment made by subsection (1) // 10 USC 1401a note. //
shall apply to any increase in retired pay or retainer pay after the
date of enactment of this Act, except that with respect to the first
date after the date of enactment of this Act on which the Secretary of
Defense in the determine a percent change, such percent change shall be
determined by computing the change in the index published for the month
immediately preceding such first date over the index for the last month
preceding the date of enactment of this Act used as the basis for the
most recent adjustment of retired pay and retainer pay under section
1401a(b) of title 10, United States Code, as in effect immediately prior
to the date of enactment of this Act.
(e)(1) Section 882(b) of the Foreign Service Act of 1946 (22 U.S.C.
1121(b)), is amended to read as follows:
"(b)(1) The Secretary shall--,
"(A) on January 1 of each year, or within a reasonable time
thereafter, datermine the percent change in the price index
published for December of the preceding year over the price index
published for June of the preceding year, and
"(B) on July 1 of each year, or within a reasonable time
thereafter, determine the percent change in the price index
published for June of such year over the price index published for
December of the preceding year.
"(2) If any year the percent change determined under either paragraph
(1)(A) or (1)(B) indicates a rise in the price index, then--,
"(A) effective March 1 of such year, in the case of an increase
under paragraph (1)(A), each annuity payable from the Fund having
a commencing date not later than such March 1 shall be increased
by the percent change computed under such paragraph, adjusted to
the nearest 1/10 of 1 percent, or
"(B) effective September 1 of such year, in the case of an
increase under paragraph (1)(B), each annuity payable from the
Fund having a commencing date not later than such September 1
shall be increased by the percent change computed under such
paragraph adjusted to the nearest 1/10 of 1 percent.".
(2) The amendment made by subsection (1) // 22 USC 1121 note. //
shall apply to any increase in annuities after the date of anactment of
this Act, except that with respect to the first date after the date of
enactment of this Act on which the Secretary in the determine a percent
change, such percent change shall be determined by computing the change
in the price index published for the month immediately preceding such
first date over the price index for the last month prior to the date of
enactment of this Act for which the price index showed a percent rise
forming the basis for a cost-of-living increase under section 882(b) of
the Foreign Service Act of 1946 (22 U.S.C. 1121(b)), as in effect
immediately prior to the date of enactment of this Act.
This Act may be cited as the " Legislative Branch Appropriation Act,
1977".
Approved October 1, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS No. 94 - 1225 (Comm. on Appropriations) and No. 94 -
1559 (Comm. of Conference).
SENATE REPORT No. 94 - 1201 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 1, considered and
passed House. Sept. 7,8,considered and passed Senate, amended. Sept.
22, House agreed to conference report; concurred in certain Senate
Amendments with amendments. Senate agreed to conference, report;
concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Oct.
1, Presidential statement.
PUBLIC LAW 94-439, 90 STAT, 1418
94th Congress, H.R. 14232
September 30, 1976
AN ACT
Making appropriations for the Departments of Labor, and Health,
Education, and Welfare, and related agencies, for the fiscal year ending
September 30, 1977, 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 Deppartments of Labor and Health, Education, and
Welfare, and related agencies, for the fiscal year ending September 30,
1977, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Enployment and Training Administration
PROGRAM ADMINISTRATION
For expenses of administering employment and training programs,
$69,774,000, together with not to exceed $30,884,000 which may be
expended from the Employment Security Administraiton account in the
Unemployment Trust Fund, and of which $5,598,000 shall be for carrying
into effect the provisions of 38 U.S.C. 2001 - 2003.
EMPLOYMENT AND TRAINING ASSISTANCE
For expenses necessary to carry into effect the Comprehensive
Employment and Training Act of 1973, 29 USC 801 note. as amended, and
sections 326 and 328 of the Trade Expansion Act of 1962 (19 U.S.C. 1951
and 1961) and sections 236, 237, and 238 of the Trade Act of 1974, 19
USC 2296, 2297, 2298. (19 U.S.C. 2101) $3,311,830,000, plus
reimbursements, to remain available until September 30, 1978: Provided,
That this appropriation shall be available for the purchase and hire of
passenger motor vehicles, and for construction, alteration, and repair
of buildings and other facilities and for the purchase of real property
for training centers as authorized by the Comprehensive Employment and
Training Act of 1973, as amended, (29 U.S.C. 801 et seq.).
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title IX of the Older Americans Act, 42 USC 3056. 42
USC 3056d. $90,600,000, of which $75,300,000 shall be for section 906(
a)(1).
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of benefits and
allowances to unemployed Federal employees and ex-servicemen, as
authorized by title 5, chapter 85 of the United States Code, 5 USC 8501
et seq. of trade adjustment benefit payments and allowances, as
provided by law (19 U.S.C. 1941 - 1944 and 1952; part I, subchapter B,
chapter 2, title II of the Trade Act of 1974), 19 USC 2291. and of
unemployment assistance as authorized by title II of the Emergency Jobs
and Unemployment Assistance Act of 1974, as amended, 26 USC 3304 note.
$860,000,000, together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15 of the current year: Provided, That, in
addition, there shall be transferred from the Postal Service Fund to
this appropriation such sums as the Secretary of Labor determines to be
the cost of benefits for ex-Postal Service employees: Procided further,
That amounts received during the current fiscal year from the Postal
Service or recovered from the States pursuant to 5 U.S.C. 8505( d) shall
be available for such payments during the year.
GRANTS TO STATES FOR UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICES
For grants for activities authorized by the Act of June 6, 1933, as
amended (29 U.S.C. 49 - 49n; 39 U.S.C. 3202(a)(1)(E)); Veterans'
Employment and Readjustment Act of 1972, as amended (38 U.S.C. 2001 -
2013); title III of the Social Security Act, as amended (42 U.S.C. 501
- 503); sections 312(e) and (g) of the Comprehensive Employment and
Training Act of 1973, as amended; 29 U.S.C. 882. and necessary
administrative expenses for carrying out 5 U.S.C. 8501 - 8523, 19 u.s.
c.1941 - 1944, 1952, and chapter 2, title II, of the Trade Act of 1974,
19 USC 2271 et seq. including upon the request of any State, the
payment of rental for space made available to such State in lieu of
grants for such purpose, $89,100,000, together with not to exceed
$1,412,700,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund and of which
$239,800,000 shall be available only to the extent necessary to meet
increased costs of administration resulting from changes in a State law
or increases in the number of unemployment insurance claims filed and
claims paid or increased salary costs resulting from changes in State
salary compensation plans embracing employees of the State generally
over those upon which the State's basic grant was based, which cannot be
provided for by normal budgetary adjustments: Provided, That any
portion of the funds granted to a State in the current fiscal year and
not obligated by the State in that year shall be returned to the
Treasury and credited to the account from which derived.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund, as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, 12
USC 1105, 1323. and for nonrepayable advances to the " Federal
unemployment benefits and allowances" account, to remain available until
September 30, 1978, $5,000,000,000.
LABOR- MANAGEMENT SERVICES ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the LABOR- MANAGEMENT Services
Administation, $48,319,000.
Pension Benefit Guaranty Corporation
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures within limits of funds and borrowing authority available to
such corporation, and in accord with law, and to make such contracts and
commitments without regard to fiscal year 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 through
September 30, 1977 for such operation.
Employment Standards Administration
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $92,952,000, together with
$250,000 which may be expended from the Special Fund in accordance with
Sections 39(c) and 44(j) of the Longshoremen's and Harbor Workers'
Compensation Act. 33 USC 939, 944.
SPECIAL BENEFITS
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by title IV of the Federal Coal Mine Health and Safety
Act of 1969, as amended, 30 Usc 901. 5 USC 8101 et seq. and title V,
chapter 81 of the United States Code; continuation of benefits as
provided for under the head " Civilian War Benefits" in the Federal
Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; and sections 4(c) and 5(f) of the
War Claims Act of 1948 (50 U.S.C. App. 2012); and fifty per centum of
the additional compensation and benefits required by section 10(h) of
the Longshoremen's and Harbor Workers' Compensation Act, as amended, 33
USC 910. $317,818,000, together with such amount as may be necessary to
be charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to September
15 of the current year: Provided, That in addition there shall be
transferred from the Postal Service fund to this appropriation such sums
as the Secretary of Labor determines to be the cost of administration
for Postal Service employees through September 30, 1977.
Whenever the Secretary of Labor finds it will promote the achievement
of the above activities, qualified persons may be appointed to conduct
hearings thereunder without meeting the requirements for hearing
examiners appointed under 5 U.S.C. 3105: Provided, That no person shall
hold a hearing in any case with which he has been concerned previously
in the administration of such activities.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $130,333,000, of which not to exceed $9,000,000 shall be
available for reimbursement to States under section7(c)(1) of the
Occupational Safety and Health Act of 1970 (29 U.s.c. 656(c)(1)) for
the furnishing of consultation services to employers under section 21(
c) of such Act (29 U.s.c. 670(c)): Provided, That none of the funds
appropriated under this paragraph shall be obligated or expended for the
assessment of civil penalties issued for first instance violations of
any standard, rule, or regulation promulgated under the Occupational
Safety and Health Act of 1970 29 Usc 651 note. (other than serious,
willful, or repeated violations under section 17 of the Act) resulting
from the inspection of any establishment or workplace subject to the
Act, 29 USC 666. unless such establishment or workplace is cited, on
the basis of such inspection, for 10 or more violations: Provided
further, That none of the funds appropriated under this paragraph shall
be obligated or expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Occupational Safety and
Health Act of 1970 which is applicable to any person who is engaged in a
farming operation and employs 10 or fewer employees.
Bureau of Labor Statistics
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements ot State, Federal, and local agencies and
their employees for services rendered, $73,018,000, of which $5,614,000
shall be for expenses of revising the Consumer Price Index, including
salaries of temporary personnel assigned to this project without regard
to competitive civil service requirements.
Departmental Management
SALARIES AND EXPENSES
For necessary expenses for departmental management and $1,393,000 for
the President's Committee on Employment of the Handicapped, $49,182,000,
together with not to exceed $1,305,000, to be derived from the
Employment Security Administration account, Unemployment Trust Fund.
SPECIAL FOREIGN CURRENCY PROGRAM
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for necessary expenses of the Department of Labor, as authorized by law,
$70,000, to remain available until expended: Provided, That this
appropriation shall be available, in addition to other appropriations to
such agency for payments in the foregoing currencies.
General Provisions
Sec. 101. Appropriations in this Act available for salaries and
expenses shall be available for supplies, services, and rental of
conference space within the District of Columbia, as the Secretary of
Labor shall deem necessary for settlement of labor-management disputes.
This title may be cited as the " Department of Labor Appropriation
Act, 1977".
TITLE II- DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE
Health Services Administration
HEALTH SERVICES
For carrying out, except as otherwise provided, titles III, V, X, XI,
and sections 1303, 1304(a) and 1304(b) of the Public Health Service Act,
42 USC 241, 219, 300, 300b, 300e - 2, 300e - 3. the Act of August 8,
1946 (5 U.S.C. 7901), 42 USC 253b and note. section 1 of the Act of
July 19, 1963 (42 U.S.C. 253a), 42 USC 701, 1301. section 108 of Public
Law 93 - 353, and titles V and XI of the Social Security Act, 42 USC
300e. $1,016,021,000, of which $1,200,000 shall be available only for
payments to the State of Hawaii for care and treatment of persons
afflicted with leprosy: Provided, That any amounts received by the
Secretary in connection with loans and loan guarantees under title XIII
and any other property or assets derived by him from his operations
respecting such loans and loan guarantees, including any money derived
from the sale of assets, shall be available to the Secretary without
fiscal year limitation for direct loans and loan guarantees, as
authorized by said title XIII, in addition to funds specifically
appropriated for that purpose: Provided further, That this
appropriation shall be available for payment of the costs of medical
care, related expenses, and burial expenses, hereafter incurred, by or
on behalf of any person who has participated in the study of untreated
syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and
subject to such terms and conditions as prescribed by the Secretary of
Health, Education, and Welfare, and for payment, in such amounts and
subject to such terms and conditions, of such costs and expenses
hereafter incurred by or on behalf of such person's wife or offspring
determined by the Secretary to have suffered injury or disease from
syphilis contracted from such person: Proviced further, That when the
Health Services Administration operates an employee health program for
any Federal department or agency, payment for the estimated cost shall
be made by way of reimbursement or in advance to this appropriation:
Provided further, That in addition, $40,121,000 may be transferred to
this appropriation as authorized by section 201(g)(1) of the Social
Security Act, 42 USC 401. from any one or all of the trust funds
referred to therein.
Center for Disease Control
PREVENTIVE HEALTH SERVICES
To carry out, to the extent not otherwise provided, title III of the
Public Health Service Act, 42 USC 241. title XVII of the Public Health
Service Act, 42 USC 300u. the Lead-Based Paint Poisoning Prevention
Act, 42 USC 4801 note. the Federal Coal Mine Health and Safety Act of
1969, 30 USC 801 note. and the Occupational Safety and Health Act of
1970, 29 USC 651 note. including insurance of official motor vehicles
in foreign countries; and purchase, hire, maintenance, and operation of
aircraft, $175,228,000: Provided, That training of employees of private
agencies shall be made subject to reimbursement or advances to this
appropriation for the full cost of such training.
National Institutes of Health
NATIONAL CANCER INSTITUTE
For carrying out, to the extent not otherwise provided, title IV of
the Public Health Service Act 42 USC 281. with respect to cancer,
$815,000,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For expenses, not otherwise provided for, necessary to carry out
titles IV and XI of the Public Health Service Act 42 USC 281, 300b.
with respect to heart, lung, blood vessel, and blood diseases,
$396,661,000.
NATIONAL INSTITUTE OF DENTAL RESEARCH
For expenses, not otherwise provided for, to carry out title IV of
the Public Health Service Act with respect to dental diseases,
$55,573,000.
NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM, AND DIGESTIVE DISEASES
For expenses necessary to carry out title IV of the Public Health
Service Act with respect to arthritis, rheumatism, metabolic diseases,
and digestive diseases, $209,000,000.
NATIONAL INSTITUTE OF NEUROLOGICAL AND COMMUNICATIVE DISORDERS AND
STROKE
For expenses necessary to carry out, to the extent not otherwise
provided, title IV of the Public Health Service Act with respect to
neurological and communicative disorders and stroke, $155,500,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
For expenses, not otherwise provided for, to carry out title IV of
the Public Health Service Act with respect to allergy and infectious
diseases, $141,000,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For expenses, not otherwise provided for, necessary to carry out
title IV of the Public Health Service Act with respect to general
medical sciences, $205,000,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
To carry out, except as otherwise provided, titles IV and X of the
Public Health Service Act 42 USC 300. with respect to child health and
human development, $145,543,000.
NATIONAL INSTITUTE ON AGING
To carry out, except as otherwise provided, title IV of the Public
Health Service Act with respect to aging, $30,000,000.
NATIONAL EYE INSTITUTE
For expenses necessary to carry out title IV of the Public Health
Service Act, with respect to eye diseases and visual disorders,
$64,000,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
To carry out, except as otherwise provided, sections 301, 311, and
472 of the Public Health Service Act 42 USC 241, 243, 289l - 1. with
respect to environmental health sciences, $49,141,000.
RESEARCH RESOURCES
To carry out, except as otherwise provided, sections 301 and 472 of
the Public Health Service Act 42 USC 241, 2891 - 1. with respect to
research resources and general research support grants, $137,500,000:
Provided, That none of these funds shall be used to pay recipients of
the general research support grants programs any amount for indirect
expenses in connection with such grants.
JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN THE HEALTH
SCIENCES
For the John E. Fogarty International Center for Advanced Study in
the Health Sciences, $7,992,000, of which not to exceed $1,400,000 shall
be available for payment to the Gorgas Memorial Institute for
maintenance and operation of the Gorgas Memorial Laboratory.
NATIONAL LIBRARY OF MEDICINE
To carry out, to the extent not otherwise provided for, section 301
with respect to health information communications and parts I and J of
title III of the Public Health Service Act, 42 USC 2891, 280b.
$35,234,000.
BUILDINGS AND FACILITIES
For construction of, and acquisition of sites and equipment for,
facilities of or used by the National Institutes of Health, where not
otherwise provided, $67,400,000 to remain available until expended.
OFFICE OF THE DIRECTOR
For expenses necessary for the Office of the Director, National
Institutes of Health, $16,234,000.
Funds advanced to the National Institutes of Health management fund
from appropriations in this Act shall be available for the expenses of
sharing medical care facilities and resources pursuant to section 328 of
the Public Health Service Act 42 USC 254a. and for the purchase of not
to exceed thirteen passenger motor vehicles for replacement only.
Alcohol, Drug Abuse, and Mental Health Administration
ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH
For carrying out the Public Health Service Act with respect to mental
health, and except as otherwise provided, parts A, B, and D of the
Community Mental Health Centers Act (42 U.S.C. 2681, et seq.), the
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970, 42 USC 4551 note. as amended, the Narcotic
Addict Rehabilitation Act of 1966, 42 USC 3401 note. and the Drug Abuse
Office and Treatment Act of 1972, 21 USC 1101 note. $763,141,000.
SAINT ELIZABETHS HOSPITAL
For expenses necessary for the maintenance and operation of the
hospital, including clothing for patients, and cooperation with
organizations or individuals in the scientific research into the nature,
causes, prevention, and treatment of mental illness, $60,464,000, or
such amounts as may be necessary to provide a total appropriation equal
to the difference between the amount of the reimbursements received
during the current fiscal year on account of patient care provided by
the hospital during such year and $84,244,000.
Health Resources Administration
HEALTH RESOURCES
For carrying out, to the extent not otherwise provided, titles III,
VIII, and XV and section 472 of the Public Health Service Act, 42 USC
241, 296, 300k - 1, 2891 - 1. section 1122 of the Social Security Act
42 USC 1320a - 1. and section 222 of the Social Security Amendments of
1972, 42 USC 1395f note. $359,008,000 of which $9,000,000 shall remain
available until expended for carrying out section 305(b)(3) of the
Public Health Service Act, 42 USC 242c. without regard to the
requirements of section 308 of said Act. 42 USC 242f.
MEDICAL FACILITIES GUARANTEE AND LOAN FUND
For carrying out title XVI of the Public Health Service Act, 42 USC
300o. $31,000,000 shall be available without fiscal year limitation for
the payment of interst subsidies. The total principal amount of loans
to be guaranteed or directly made, which may be allotted among the
States, pursuant to titles VI and XVI of the Public Health Service Act
4i USC 291. shall not exceed a cumulative amount of $1,750,000,000.
PAYMENT OF SALES INSUFFICIENCIES AND INTEREST LOSSES
For the payment of such insufficiencies as may be required by the
trustee on account of outstanding beneficial interest or participations
in the Health Professions Education Fund assets or Nurse Training Fund
assets, authorized by the Department of Health, Education, and Welfare
Appropriation Act, 1968, to be issued pursuant to section 302(c) of the
Federal National Mortgage Association Charter Act, 12 USC 1717.
$164,000, and for payment of amounts pursuant to section 744(b) or 827(
b) of the Public Health Service Act 42 USC 294d, 297f. to schools which
borrow any sums from the Health Professions Education Fund or Nurse
Training Fund, $3,836,000: Provided, That the amounts appropriated
herein shall remain available until expended.
HEALTH EDUCATION LOANS
The Secretary is hereby authorized to make such expenditures, within
the limits of funds available in the Health Professions Education Fund
and the Nurse Training Fund, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitation as
provided by section 104 of the Government Corporation Control Act, as
amended, 31 USC 849. as may be necessary in carrying out the programs
set forth in the budget for the current fiscal year.
Assistant Secretary for Health
SALARIES and EXPENSES
For expenses necessary for the Office of the Assistant Secretary for
Health, $22,316,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS
For retired pay of commissioned officers, as authorized by law, and
for payments under the Retired Serviceman's Family Protection Plan;
Survivor Benefit Plan and payments for medical care of dependents and
retired personnel under the Dependents' Medical Care Act (10 U.S.C., ch.
55), 10 USC 1071 et seq. such amount as may be required during the
current fiscal year.
SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)
For payments in foreign currencies which the Treasury Department
determines to be in excess to the normal requirements of the United
States, for necessary expenses for conducting scientific activities
overseas, as authorized by law, $1,500,000, to remain available until
expended: Provided, That this appropriation shall be available in
addition to other appropriations for such activities, for payments in
the foregoing currencies.
EDUCATION DIVISION
Office of Education
ELEMENTARY AND SECONDARY EDUCATION
For carrying out, to the extent not otherwise provided, title I, part
A ($2,258,981,000), title I, part B ($24,769,000), title IV, part C
($184,522,000)8 title VII ($115,000,000), and title IX of the Elementary
and Secondary Education Act; 20 USC 241c, 241d, 1831, 880b. title VII
of the Education Amendments of 1974; the Environmental Education Act 20
USC 1901 20 USC 1531 note. ($3,500,000); section 417( a)(2) of the
General Education Provisions Act; 20 USC 1226c. the Communications Act
of 1934, as amended; section 842 of Public Law 93 - 380; the Alcohol
and Drug Abuse Education Act; part B of the Headstart-Follow Through
Act ($59,000,000); and Public Law 92 - 506 47 USC 151; 20 USC 246. 21
USC 1001 note. 42 USC 2929. 47 USC 392a. as amended, $2,703,572,000 of
which $10,500,000 shall remain available until September 30, 1978, for
carrying out section 842 of Public Law 93 - 380 and $15,000,000 for
educational broadcasting facilities shall remain available until
expended, including $1,000,000 for carrying out section 392 A of the
Communications Act of 1934, as amended: Provided, That of the amounts
appropriated above the following amounts shall become available for
obligation on July 1, 1977, and shall remain available until September
30, 1978: title I, part A ($2,258,981,000), title I, part B
($24,769,000), title IV, part C ($184,522,000) of the Elementary and
Secondary Education Act and section 417(a)(2) of the General Education
Provisions Act ($1,250,000): Provided further, That amounts
appropriated in Public Law 94 - 94 for carrying out title I of the
Elementary and Secondary Education Act 20 USC 241a. in the fiscal year
1977 shall be available for carrying out section 822 of Public Law 93 -
380. For carrying out title IV of the Elementary and Secondary
Education Act 20 USC 241c note. an additional $9,478,000 for fiscal
year 1978: Provided, That none of such funds 20 USC 1801. may be paid
to any State for which the allocation for fiscal year 1978 exceeds the
allocation for comparable purposes for fiscal year 1977.
SCHOOL ASSISTANCE IN FEDERALLY AFFECTED AREAS
For carrying out title I of the Act of September 30, 1950, as amended
(20 U.S.C., ch. 13), 20 USC 236 et seq. $768,000,000 of which
$52,500,000 shall be for payments under section 6, 20 USC 241. and
$715,500,000 shall be for payments under sections 2, 3, and 4 in
accordance with subsection 5(c)(1) and (2) of said Act 20 USC 237, 238,
239, 240. and for payments under subparagraphs (A), (B), (C), and (D)
of section 305 of the Education Amendments of 1974. 20 USC 238.
For carrying out the Act of September 23, 1950, as amended (20 U.S.
C., ch. 19), 20 USC 631 et seq. $25,000,000, which shall remain
available until expended, shall be for providing school facilities as
authorized by said Act of September 23, 1950: 20 USC 640. Provided,
That, with the exception of up to $6,000,000 for repairs for facilities
constructed under section 10, none of the funds contained herein for
providing school facilities shall be available to pay for any other
section of the Act of September 23, 1950, until payment has been made of
100 per centum of the amounts payable under section 5 and subsections
14(a) and 14(b): 20 USC 635, 644. Provided further, That, of the funds
provided herein for carrying out the Act of September 23, 1950, no more
than $8,000,000 may be used to fund section 5 of said Act: Provided
further, That, notwithstanding section 421 A(c)(2)(A) of the General
Education Provisions Act, 20 Usc 1231. the Commissioner of Education is
authorized to approve applications for funds to increase school
facilities in communities located near the Trident Support Site, Bangor,
Washington, on such terms and conditions as he may reasonably require
without regard to any provision in law.
EMERGENCY SCHOOL AID
For carrying out title IV of the Civil Rights Act of 1964 42 USC
2000c. 20 USC 1601 note. and the Emergency School Aid Act, 20 USC
1607, 1605. $274,700,000, of which $35,750,000 shall be for section
708(a) and $137,600,000 shall be for section 706(a) of the Emergency
School Aid Act.
EDUCATION FOR THE HANDICAPPED
For carrying out, to the extent not otherwise provided, the Education
of the Handicapped Act, 20 USC note. as amended by Public Law 94 - 142,
except for sections 607 and 618 20 USC 1406, 1418. $467,625,000:
Provided, That of this amount, $315,000,000 for part B and $12,500,000
for section 619 20 USC 1419. shall become available for obligation on
July 1, 1977, and shall remain available until September 30, 1978:
Provided, That the appropriations for " Education for the handicapped"
contained in title I, chapter VI of Public Law 94 - 303 (Second
Supplemental Appropriations Act, 1976) is amended by adding at the end
thereof, " to remain available until September 30, 1977": Provided
further, That funds contained in this title for " Special benefits for
disabled coal miners" shall remain available for benefit payments from
July 1, 1976 through September 30, 1977.
OCCUPATIONAL, VOCATIONAL, AND ADULT EDUCATION
For carrying out, to the extent not otherwise provided, parts B and C
($844,000,000) and section 104(b) of the Vocational Education Act of
1963, as amended (20 U.S.C. 1241 - 1391), and the Adult Education Act of
1966, 20 USC 1201 note. $932,053,000, including not to exceed
$31,500,000 for research and training under part C of said 1963 Act: 20
USC 1281. Provided, That of the amounts appropriated above the
following amounts shall become available for obligation on July 1, 1977,
and shall remain available until September 30, 1978: part B
($475,000,000), part C ($18,000,000) and section 104(b) ($4,316,000) of
the Vocational Education Act of 1963 20 USC 1244. and $80,500,000 for
the Adult Education Act.
For carrying out, to the extent not otherwise provided, title IV and
section 966 of the Higher Education Act, 20 USC 1061, 1134r - 1. the
Emergency Insured Student Loan Act of 1969, 20 USC 1078a note. the
Mutual Educational and Cultural Exchange Act of 1961, 22 USC 2451 note.
and section 22 of the Act of June 29, 1953, as amended (7 U.S.C. 329),
$352,170,000, of which $325,000,000 for subsidies on guaranteed student
loans shall remain available until expended.
LIBRARY RESOURCES
For carrying out, to the extent not otherwise provided, titles I
($56,900,000) and III ($3,337,000) of the Library Services and
Construction Act (20 U.S.C., ch. 16); 20 USC 352, 355e. and title IV,
part B ($154,330,000) of the Elementary and Secondary Education Act, 20
USC 1821. $214,567,000: Provided, That the amount appropriated above
for title IV, part B of the Elementary and Secondary Education Act shall
become available for obligation on July 1, 1977, and shall remain
available until September 30, 1978.
SPECIAL PROJECTS AND TRAINING
For carrying out the Special Projects Act (Public Law 93 - 380) 20
USC 1851 note. and section 422(a) of the General Education Provisions
Act, 20 USC 1231a. $47,493,000.
EDUCATIONAL ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURENCY PROGRAM)
For payments in foreign currencies which the Treasury Department
determines to be in excess to the normal requirements of the United
States, for necessary expenses of the Office of Education, as authorized
by law, $2,000,000, to remain available until expended: Provided, That
this appropriation shall be available, in addition to other
appropriations to such office, for payments in the foregoing currencies.
SALARIES AND EXPENSES
For carrying out, to the extent not otherwise provided, the General
Education Provisions Act, 20 USC 1221. and the Education Amendments of
1974, 20 USC 821 note. including rental of conference rooms in the
District of Columbia, $115,784,000.
HIGHER EDUCATION FACILITIES LOAN AND INSURANCE FUND
For the payment of such insufficiencies as may be required by the
trustee on account of outstanding beneficial interest of participations
in assets of the Office of Education authorized by the Department of
Health, Education, and Welfare Appropriation Act, 1968, to be issued
pursuant to section 302(c) of the Federal National Mortgage Association
Charter Act (12 U.S.C. 1717(c)), $2,119,000, to remain available until
expended, and the Secretary is hereby authorized to make such
expenditures, within the limits of funds available in the Higher
Education Facilities Loan and Insurance Fund, and in accord with law,
and to make such contracts and commitments without regard to fiscal year
limitation as provided by section 104 of the Government Corporation
Control Act (31 U.S.C. 849) as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for such
fund.
Office of the Assistant Secretary for Education
SALARIES AND EXPENSES
For necessary expenses to carry out sections 402 and 406 of the
General Education Provisions Act, 20 USC 1221b, 1221e - 1. $20,446,000,
of which not to exceed $1,500 may be for official reception and
representation expenses.
Social and Rehabilitation Service
PUBLIC ASSISTANCE
For carrying out, except as otherwise provided, titles I, IV, X, XI,
XIV, XVI, XIX, and XX of the Social Security Act, 42 USC 301, 601, 1201,
1301, 1351, 1381, 1396, 1397. and the Act of July 5, 1960 (24 U. S.C.,
ch. 9) $18,040,850,000, of which $56,500,000 shall be for child welfare
services under part B of title IV.
For making, after June 30 of the current fiscal year, payments to
States under titles I, IV, X, XIV, XVI, XIX, and XX, respectively, of
the Social Security Act, 24 USC 321 et seq. 42 USC 620. for the last
three months of the current fiscal year (except with respect to
activities included in the appropriation for " Work incentives"); and
for making after July 31 of the current fiscal year, payments for the
first quarter of the succeeding fiscal year; such sums as may be
necessary, the obligations incurred and the expenditures made thereunder
for payments under each of such titles to be charged to the subsequent
appropriations therefor for the current or succeeding fiscal year.
In the administration of titles I, IV (other than part C thereof), X,
XIV, XVI, XIX, and XX, respectively, of the Social Security Act,
payments to a State under any such titles for any quarter in the period
beginning July 1, 1976, and ending September 30, 1977 may be made with
respect to a State plan approved under such title prior to or during
such period, but no such payment shall be made with respect to any plan
for any quarter prior to the quarter in which a subsequently approved
plan was submitted.
Such amounts as may be necessary from this appropriation shall be
available for grants to States for any period in fiscal year 1976 and
the period July 1, 1976 through September 30, 1976 subsequent to March
31, 1976.
WORK INCENTIVES
For carrying out a work incentives program, as authorized by part C
of title IV of the Social Security Act, 42 USC 630. including
registration of individuals for such program, and for related child care
and other supportive services, as authorized by section 402(a)( 19)(G)
of the Act, 42 USC 602. including transfer to the Secretary of Labor,
as authorized by section 431 of the Act, 42 USC 631. $370,000,000,
which shall be the maximum amount available for transfer to the
Secretary of Labor and to which the States may become entitled pursuant
to section 403(d) of such Act, 42 USC 603. for these purposes.
PROGRAM ADMINISTRATION
For expenses necessary for the administration of public assistance
programs, $62,895,000.
Social Security Administration
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance, the
Federal Disability Insurance, the Federal Hospital Insurance, and the
Federal Supplementary Medical Insurance Trust Funds, as provided under
sections 217(g), 228(g), 229(b), and 1844 of the Social Security Act, 42
USC 417, 428, 429, 1395w. and sections 103(c) and 111(d) of the Social
Security Amendments of 1965, 42 USC 426a, 1395i - 1. $6,713,902,000.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Coal Mine Health and Safety
Act of 1969, 30 USC 901. as amended, including the payment of travel
expenses either on an actual cost or commuted basis, to an individual
for travel incident to medical examinations, and to parties, their
representatives and all reasonably necessary witnesses for travel within
the United States, Puerto Rico, and the Virgin Islands, to
reconsideration interviews and to proceedings before administrative law
judges, $913,897,000: Provided, That after July 31, such amounts for
benefit payments as may be necessary may be charged to the subsequent
year appropriation.
Whenever the Commissioner of Social Security finds it will promote
the achievement of the provisions of title IV of the Federal Coal Mine
Health and Safety Act of 1969, as amended, qualified persons may be
appointed to conduct hearings thereunder without meeting the
requirements for administrative law judges appointed under 5 U.S.C.
3105, but such appointments shall terminate not later than March 31,
1978: Provided, That no person shall hold a hearing in any case with
which he has been concerned previously in the administration of such
title.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out the Supplemental Security Income program under title
XVI of the Social Security Act, 42 USC 1381. section 401 of Public Law
92 - 603, and section 212 of Plublic Law 93 - 66, 42 USC 1382e note.
including payment to the social security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Security
Act, 42 USC 401. $5,895,122,000: Provided, That for carrying out these
activities after July 31, such sums as may be necessary shall be
available, the obligations and expenditures therefor to be charged to
the appropriation for the succeeding fiscal year.
LIMITATION ON SALARIES AND EXPENSES
For necessary expenses, not more than $2,561,773,000 may be expended
as authorized by section 201(g)(1) of the Social Security Act, 42 USC
421 note. from any one or all of the trust funds referred to therein:
Provided, That such amounts as are required shall be available to pay
travel expenses either on an actual cost or commuted basis, to an
individual for travel incident to medical examinations, and to parties,
their representatives and all reasonably necessary witnesses for travel
within the United States, Puerto Rico, and the Virgin Islands to
reconsideration interviews and to proceedings before administrative law
judges under titles II, XVI, and XVIII, of the Social SECURITY Act: 42
USC 401, 1381, 1395. Provided further, That $25,000,000 of the
foregoing amount shall be approtioned for use pursuant to section 3679
of the Revised Statutes (31 U.S.C. 665), only to the extent necessary to
process workloads not anticipated in the budget estimates and to meet
mandatory increases in costs of agnecies or organizations with which
agreements have been made to participate in the administration of titles
XVI and XVIII and section 221 of title II of the Social Security Act, 42
USC 1381, 1395, 421. and after maximum absorption of such costs within
the remainder of the existing limitation has been achieved: Provided
further, That such amounts as may be required may be expended for
administration within the United States of the social insurance program
of the United Kingdom, under terms of an agreement wherein similar
services will be provided by the United Kingdom in that country for
administration of the social insurance program of the United States.
LIMITATION ON CONSTRUCTION
For acquisition of sites, construction and equipment of facilities
and for payments of principal, interest, taxes, and any other
obligations under contracts entered into pursuant to the Public
Buildings Purchase Contract Act of 1954 40 USC 356 note. and the Public
Buildings Amendments of 1972, 40 USC 603 note. $14,400,000, to be
expended as authorized by section 201(g)(1) of the Social Security Act,
42 USC 401. from any one or all of the trust funds referred to therein,
and to remain available until expended.
Special Institutions
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
- 105), $3,012,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For carrying out the National TECHNICAL INSTITUTE for the Deaf Act
(20 U.S.C. 681, et seq.), $12,675,000.
GALLAUDET COLLEGE
For carrying out the Model Secondary School for the Deaf Act (80
Stat. 1027) D.C. Code 31 - 1051 note. and for the partial support of
Gallaudet College authorized by the Act of June 18, 1954 (68 Stat.
265), D.C. Code 31 - 1025 note. $40,840,000 of which $15,575,000 shall
be for construction and shall remain available until expended:
Provided, That if requested by the college, such construction shall be
supervised by the General Services Administration.
HOWARD UNIVERSITY
For the partial support of Howard University, $82,409,000, of which
$2,500,000 shall be for construction and shall remain available until
expended: Provided, That if requested by the university, such
construction shall be supervised by the General Services Administration.
Assistant Security for Human Development
HUMAN DEVELOPMENT
For carrying out, except as otherwise provided, section 426 of the
Social Security Act, 42 USC 626. the Act of April 9, 1912 (42 U.S.C.
191), the Older Americans Act of 1965, as amended, 42 USC 3001 note.
the Child Abuse Prevention and Treatment Act, 42 USC 5101 note; 42 USC
5601 note. the Runaway Youth Act, 42 USC 2701 note. the Community
Services Act of 1974, 29 USC 816, 817, 875. sections 106, 107 and 306
of the Comprehensive Employment and Training Act of 1973, 29 USC 701
note; 22 USC 2101 note. the Rehabilitation Act of 1973, as amended, 42
USC 2661 note. the International Health Research Act of 1960, the
Developmental Disabilities Services and Facilities Construction Act, as
amended, 29 USC 701 note. and the White House Conference on Handicapped
Individuals Act, 29 USC 730. $1,896,023,000, of which $740,000,000
shall be for activities under section 110(a) of the Rehabilitation Act
of 1973; $309,000 shall be for section 110(b) of such Act; and
$30,058,000 shall be for grants under part C of the Development
Disabilities Services and Facilities Construction Act, as amended,
together with not to exceed $600,000 to be transferred from the Federal
Disability Insurance Trust Fund and the Federal Old-Age and Survivors
Insurance Trust Fund as provided by section 201(g)(1) of the Social
Security Act: 42 USC 401. Provided further, That the level of
operations for the nutrition services for the elderly program shall be
$225,000,000 per annum.
Departmental Management
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights $29,685,000,
together with not to exceed $919,000, to be transferred and expended as
authorized by section 201(g)(1) of the Social Security Act from any one
or all of the trust funds referred to therein.
GENERAL DEPARTMENTAL MANAGEMENT
For expenses not otherwise provided, necessary for general
departmental management, including hire of six medium sedans,
$89,511,000 together with not to exceed $12,872,000 to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from any one or all of the trust funds referred to therein.
POLICY RESEARCH
For carrying out, to the extent not otherwise provided, research
studies under section 232 of the Community Services Act of 1974 42 USC
2825. and section 1110 of the Social Security Act, 42 USC 1310.
$20,000,000.
General Provisions
Sec. 201. None of the funds appropriated by this title to the Social
and Rehabilitation Service for grants-in-aid of State agencies to cover,
in whole or in part, the cost of operation of said agencies, including
the salaries and expenses of officers and employees of said agencies,
shall be withheld from the said agencies of any States which have
established by legislative enactment and have in operation a merit
system and classification and compensation plan covering the selection,
tenure in office, and compensation of their employees, because of any
disapproval of their personnel or the manner of their selection by the
agencies of the said States, or the rates of pay of said officers or
employees.
Sec. 202. Funds appropriated in this Act to the American Printing
House for the Blind, Howard University, the National Technical Institute
for the Deaf, and Gallaudet College shall be awarded to these
institutions in the form of lump-sum grants and expenditures made
therefrom shall be subject to audit by the Secretary of Health,
Education, and Welfare.
Sec. 203. None of the funds provided herein shall be used to pay any
recipient of a grant for the conduct of a research project an amount
equal to as much as the entire cost of such project.
Sec. 204. None of the funds contained in this title shall be
available for additional permanent positions in the Washington area if
the total authorized positions in the Washington area is allowed to
exceed the proportion existing at the close of fiscal year 1966.
Sec. 205. Appropriations in this Act for the Health Services
Adiministration, the National Institutes of Health, the Center for
Disease Control, the Alcohol, Drug Abuse, and Mental Health
Administration, the Health Resources Administraiton and Departmental
Management shall be available for expenses for active commissioned
officers in the Public Health Service Reserve Corps and for not to
exceed two thousand eight hundred commissioned officers in the Regular
Corps; expenses incident to the dissemination of health information in
foreign countries through exhibits and other appropriate means;
advances of funds for compensation, travel, and subsistence expenses (or
per diem in lieu thereof) for persons coming from abroad to participate
in health or scientific activities of the Department pursuant to law;
expenses of primary and secondary schooling of dependents in foreign
countries, of Public Health Service commissioned officers stationed in
foreign countries, at costs for any given area not in excess of those of
the Department of Defense for the same area, when it is determined by
the Secretary that the schools available in the locality are unable to
provide adequately for the education of such dependents, and for the
transportation of such dependents between such schools and their places
of residence when the schools are not accessible to such dependents by
regular means of transportation; rental or lease of living quarters
(for periods not exceeding 5 years), and provision of heat, fuel, and
light, and maintenance, improvement, and repair of such quarters, and
advance payments therefor, for civilian officers, and employees of the
Public Health Service who are United States citizens and who have a
permanent station in a foreign country; purchase, erection, and
maintenance of temporary or portable structures; and for the payment of
compensation to consultants or individual scientists appointed for
limited periods of time pursuant to section 207(f) or section 207(g) of
the Public Health Service Act, 42 USC 209. at rates established by the
Assistant Secretary for Health, or the Secretary where such action is
required by statute, not to exceed the per diem rate equivalent to the
rate for GS - 18; 5 USC 5332 note. not to exceed $9,500 for official
reception and representation expenses related to any health agency of
the Department when specifically approved by the Assistant Secretary for
Health.
Sec. 206. No part of the funds contained in this title may be used
to force any school or school district which is desegregated as that
term is defined in title IV of the Civil Rights Act of 1964, 42 USC
2000c. Public Law 88 - 352, to take any action to force the busing of
students; to force on account of race, creed, or color the abolishment
of any school so desegragated; or to force the transfer or assignment
of any student attending any elementary or secondary school so
desegregated to or from a particular school over the protest of his or
her parents or parent.
Sec. 207. (a) No part of the funds contained in this title shall be
used to force any school or school district which is desegregated as
that term is defined in title IV of the Civil Rights Act of 1964, Public
Law 88 - 352, to take any action to force the busing of students; to
require the abolishment of any school so desegregated; or to force on
account of race, creed, or color the transfer of students to or from a
particular school so desegregated as a condition precedent to obtaining
Federal funds otherwise available to any State, school district, or
school.
(b) No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students or
teachers (or for the purchase of equipment for such transportation) in
order to carry out a plan of racial desegregation of any school or
school system.
Sec. 208. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, and
which offers the courses of study pursued by such student, in order to
comply with title VI of the Civil Rights Act of 1964. 42 USC 2000d.
Sec. 209. None of the funds contained in this Act shall be used to
perform abortions except where the life of the mother would be
endangered if the fetus were carried to term.
TITLE III-- RELATED AGENCIES
Action
OPERATING EXPENSES, DOMESTIC PROGRAMS
For expenses necessary for Action to carry out the provisions of the
Domestic Volunteer Service Act of 1973, as amended, 42 USC 4951 note.
$408,200,000.
Community Services Administration
COMMUNITY SERVICES PROGRAM
For expenses of the Community Services Administration, $511,170,000.
Corporation for Plublic Broadcasting
PUBLIC BROADCASTING FUND
For payment to the Corporation for Public Broadcasting, as authorized
by the Public broadcasting Financing Act of 1975, 47 USC 396 note. an
amount which shall be available within limitations specified by said
Act, for the fiscal year 1977, $103,000,000; for the fiscal year 1978,
$107,150,000; and for the fiscal year 1979, $120,200,000: Provided,
That no funds made available to the Corporation for Public Broadcasting
by this Act shall be used to pay for receptions, parties and similar
forms of entertainment for government officials or employees: Provided
further, That none of the funds contained in this paragraph shall be
available or used to aid or support any program or activity excluding
from participation in, denying the benefits of, or discriminating
against any person in the United States, on the basis or race, color,
national origin, religion, or sex.
Federal Mediation AND Conciliation Service
For expenses to carry out the functions vested in it by the
Labor-Management Relations Act, 1947 (29 U.S.C. 171 - 180, 182),
including expenses of the Labor-Management Panel and boards of inquiry
appointed by the President; hire of passenger motor vehicles; and
rental of conference rooms in the District of Columbia; and for
expenses necessary pursuant to Public Law 93 - 360 for mandatory
meditation in health care industry negotiation disputes, and for
convening factfinding boards of inquiry appointed by the Director in the
health care industry $20,328,000.
National Commission on Libraries and Information Science
SALARIES AND EXPENSES
For necessary expenses of the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public Law
91 - 345), 20 USC 1501 note. $492,575.
National Labor Relations Board
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141 - 167), and other laws,
$77,776,000: Provided, That no part of this appropriation shall be
available to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.s.c.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least 95
per centum of the water stored or supplied thereby is used for farming
purposes.
National Mediation Board
SALARIES AND EXPENSES
For expenses necessary for carrying out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151 - 188), including emergency boards
appointed by the President, $3,606,000.
Occupational Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health Review
Commission, $6,280,000.
Railroad Retirement Board
PAYMENTS TO RAILROAD RETIREMENT TRUST FUND
For payment to the Rairoad Retirement Account, as provided under
sections 15(b) and 15(d) of the Railroad Retirement Act of 1974, 45 USC
231n. $250,000,000.
REGIONAL RAIL TRANSPORTATION PROTECTIVE ACCOUNT
For payment of benefits under section 509 of the Regional Rail
Reorganization Act of 1973, 45 USC 779. to remain available until
expended, including not to exceed $100,000 for payment to the Railroad
Retirement Board for administrative expenses, $40,000,000.
LIMITATION ON SALARIES AND EXPENSES
For expenses necessary for the Railroad Retirement Board,
$33,723,000, to be derived from the railroad retirement accounts:
Provided, That $500,000 of the foregoing amount shall be apportioned for
use pursuant to section 3679 of the Revised Statutes, as amended (31
U.S.C. 665), only to the extent necessary to process workloads not
anticipated in the budget estimates and after maximum absorption of the
costs of such workloads within the remainder of the foregoing limitation
has been achieved: Provided further, That notwithstanding any other
provision in law, no portion of this limitation shall be available for
payments of 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); 45 U.S.C. 228a - r).
Soldiers' and Airmen's Home
OPERATION AND MAINTENANCE
For maintenance and operation of the United States Soldiers' and
Airmen's Home, to be paid from the Soldiers' and Airmen's Home permanent
fund, $15,373,000: Provided, That this appropriation shall not be
available for the payment of hospitalization of members of the Home in
United States Army hospitals at rates in excess of those prescribed by
the Secretary of the Army upon recommendation of the Board of
Commissioners of the Home and the Surgeon General of the Army.
TITLE IV-- GENERAL PROVISIONS
Sec. 401. Appropriations contained in this Act, available for
salaries and expenses, shall be available for services as authorized by
5 U.S.C. 3109 but at rates for individuals not to exceed the per diem
rate equivalent to the rate for GS - 18. 5 USC 5332
Sec. 402. Appropriations contained in this Act available for
salaries and expenses shall be available for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901 - 5902).
Sec. 403. Appropriations contained in this Act available for
salaries and expenses shall be available for expenses of attendance at
meetings which are concerned with the functions or activities for which
the appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities.
Sec. 404. No part of the funds appropriated under this Act shall be
used to provide a loan, guarantee of a loan, a grant, the salary of or
any remuneration whatever to any individual applying for admission,
attending, employed by, teaching at, or doing research at an institution
of higher education who has engaged in conduct on or after August 1,
1969, which involves the use of (or the assistance to others in the use
of) force or the threat of force or the seizure of property under the
control of an institution of higher education, to require or prevent the
availability of certain curriculum, or to prevent the faculty,
administrative officials, or students in such institution from engaging
in their duties or pursuing their studies at such institution.
Sec. 405. The Secretary of Labor and the Secretary of Health,
Education, and Welfare are authorized to transfer unexpended balances of
prior appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 406. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 407. No part of any appropriation contained in this Act shall
be used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television or film presentation designed to support
or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 408. The Secretary of Labor and the Secretary of Health,
Education, and Welfare are each authorized to made available not to
exceed $7,500 from funds available for salaries and expenses under
titles I and II, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $2,500 from funds available for "
Salaries and expenses, Federal Mediation and Conciliation Service".
Sec. 409. None of the funds appropriated by this Act shall be used
to pay for any research program or project or any program, project, or
course which is of an experimental nature, or any other activity
involving human participants, which is determined by the Secretary or a
court of competent jurisdiction to present a danger to the physical,
mental, or emotional well-being of a participant or subject of such
program, project, or course, without the written, informed consent of
each participant or subject, or his parents or legal guardian, if such
participant or subject is under eighteen years of age. The Secretary
shall adopt appropriate regulations respecting this section.
This Act may be cited as the " Departments of Labor and Health,
Education, and Welfare Appropriation Act, 1977".
Carl Albert
Speaker of the House of
Representatives.
Lee Metcalf
Acting President of the Senate
pro Tempore.
IN THE HOUSE OF REPRESENTATIVES, U.S.,
September 30, 1976.
The House of Representatives having proceeded to reconsider the bill
(H.R. 14232) entitled " An Act making appropriations for the
Departments of Labor, and Health, Education, and Welfare, and related
agencies, for the fiscal year ending September 30, 1977, and for other
purposes", returned by the President of the United States with his
opjections, to the House of Representatives, in which it originated, it
was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
Attest:
Edmund L. Henshaw, Jr.
Clerk.
I certify that this Act originated in the House of
Representatives.
Edmund L. Henshaw, Jr.
Clerk.
IN THE SENATE OF THE UNITED STATES,
September 30, 1976.
The Senate having proceeded to reconsider the bill (H.R. 14232)
entitled " An Act making appropriations for the Departments of Labor,
and Health, Education, and Welfare, and related agencies, for the fiscal
year ending September 30, 1977, and for other purposes", returned by the
President of the United States with his objections, to the House of
Representatives, in which it originated, and passed by the House of
Representatives on reconsideration of the same, it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
Attest:
Francis R. Valeo
Secretary.
By Harold G. Ast
Legislative Clerk.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No 94 - 1219 (Comm. on Appropriations) and Nos. 94 -
1384 and 94 - 1555 (Comm. on Conference).
SENATE REPORT No. 94 - 997 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol 122 (1976): June 23, 24, considered and
passed House. June 28 - 30, considered and passed Senate, amended.
Aug. 10, House agreed to conference report; receded and concurred in
certain Senate amendments; concurred in certain others with amendments.
Aug. 25, Senate agreed to conference report; agreed to certain House
amendments. Sept. 16, House receded and concurred in Senate amendment
with an amendment. Sept. 17, Senate agreed to House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept.
29, vetoed; Presidential message.
CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 29, House overrode
veto. Sept. 30, Senate overrode veto.
PUBLIC LAW 94-438, 90 STAT, 1415
94th Congress, H.J. Res. 1096
September 30, 1976
JOINT RESOLUTION
Making supplemental appropriations for the Department of Defense for
the repair and replacement of facilities on Guam damaged or destroyed by
Typhoon Pamela, and for other purposes.
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 period ending September 30, 1976, the fiscal year
ending September 30, 1977, and for other purposes, namely:
DEPARTMENT OF DEFENSE, MILITARY
RESTORATION OF FACILITIES ON GUAM, DEFENSE
For replacement, repair, and restoration of supplies, equipment, and
facilities on Guam, for the period ending September 30, 1976,
$122,033,000, and in addition, $30,900,000, of which $20,861,000 shall
be derived by transfer from " Military Personnel, Navy, 1976",
$3,700,000 shall be derived by transfer from " Military Personnel, Army,
1976" and $6,339,000 shall be derived by transfer from " Military
Personnel, Air Force, 1976", to be immediately available, to be
transferred as follows:
" Operation and maintenance, Navy," $19,960,000;
" Operation and maintenance, Air Force," $10,940,000;
" Military construction, Navy," $65,699,000;
" Military construction, Air Force," $25,843,000;
" Family housing, Defense," $30,491,000, to be obligated and expended
in the Family Housing Management Account established pursuant to section
501(a) of Public Law 87 - 554, 42 USC 1594a-1. in not to exceed the
following amounts:
For the Navy and Marine Corps: Construction, $12,250,000;
For the Air Force: Construction, $18,241,000;
Provided, That amounts provided for construction shall remain available
until expended: Provided further, That amounts provided for operation
and maintenance shall be transferred, in whole or in part, to the
designated appropriations which are available for obligation through
September 30, 1976, or, to the extent obligations cannot be incurred as
of September 30, 1976, for the purpose of this resolution, to fiscal
year 1977 successor appropriations, to be merged with and to be
available for the same purposes and for the same time period as the
appropriation to which transferred.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
CONSTRUCTION AND REHABILITATION
For an additional amount for " Construction and Rehabilitation," for
the fiscal year 1977, $200,000,000, to remain available until expended:
Provided, That this additional amount may be made available without
reimbursement: Provided further, That this appropriation is for the
payment of claims for damages to or loss of property, personal injury,
or death proximately resulting from the failure on June 5, 1976, of the
Teton River Dam, in accordance with Public Law 94 - 400 and such rules
and regulations ofthe Secretary of the Interior as may be necessary and
proper for the purpose of administering such claims and of determining
the amounts to be allowed pursuant to this appropriation and the persons
entitled to receive the same: Provided further, That nothing herein
shall be construed to impose any liabilty on the United States or to
allow for payment of claims that are paid or payable from any other
source, public or private.
DEPARTMENT OF THE TREASURY
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 94 - 603, Ninety-fourth
Congress, $46,951,838, together with such amounts as may be necessary to
pay interest (as and when specified in such judgments or provided by
law) and such additional sums due to increases in rates of exchange as
may be necessary to pay claims in foreign currency: Provided, That no
judgment herein appropriated for shall be paid until it shall become
final and conclusive against the United States by failure of the parties
to appeal or otherwise: Provided further, That, unless otherwise
specifically required by law or by judgment, payment of interest
wherever appropriated for herein shall not continue for more than thirty
days after the date of approval of the Act.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For an additional amount for " Payment to the Postal Service Fund"
for fiscal year 1976 and for the period July 1, 1976, through September
30, 1976, $500,000,000, to remain available until expended.
GENERAL SERVICES ADMINISTRATION
Refunds Under Renegotiation Act
For necessary expenses to carry out Section 201(f)), of the
Renegotiation Act of 1951 (50 U.S.C. App. 1231(f)), for the fiscal year
1977, $1,000,000, to remain available until expended.
Expenses, Presidential Transition
For an additional amount to carry out the provisions of the
Presidential Transaction Act of 1963, as amended (3 U.S.C. 102, Note),
$2,100,000, to remain available until September 30, 1977.
Approved September 30, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1603 (Comm. on Appropriations) and No. 94 -
1717 (Comm. of Conference).
SENATE REPORT No. 94 - 1301 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and
passed House. Sept. 28, considered and passed Senate, amended. Sept.
30, House and Senate agreed to conference report and resolved amendments
in disagreement.
PUBLIC LAW 94-437, 90 STAT, 1400
94th Congress, S. 522
September 30, 1976
AN ACT
To implement the Federal responsibility for the care and education of
the Indian people by improving the services and facilities of Federal
Indian health programs and encouraging maximum participation of Indians
in such programs, 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 " Indian Health Care Improvement Act". 25 USC 1601 note.
FINDINGS
Sec. 2. 25 USC 1601. The Congress finds that--,
(a) Federal health services to maintain and improve the health of the
Indians are consonant with and required by the Federal Government's
historical and unique legal relationship with, and resulting
responsibility to, the American Indian people.
(b) A major national goal of the United States is to provide the
quantity and quality of health services which will permit the health
status of Indians to be raised to the highest possible level and to
encourage the maximum participation of Indians in the planning and
management of those services.
(c) Federal health services to Indians have resulted in a reduction
in the prevalence and incidence of preventable illnesses among, and
unnecessary and premature deaths of, Indians.
(d) Despite such services, the unmet health needs of the American
Indian people are severe and the health status of the Indians is far
below that of the general population of the United States. For example,
for Indians compared to all Americans in 1971, the tuberculosis death
rate was over four and one-half times greater, the influenza and
pneumonia death rate over one and one-half times greater, and the infant
death rate approximately 20 per centum greater.
(e) All other Federal services and programs in fulfillment of the
Federal responsibility to Indians are jeopardized by the low health
status of the American Indian people.
(f) Further improvement in Indian health is imperiled by--,
(1) inadequate, outdated, inefficient, and undermanned
facilities. For example, only twenty-four of fifty-one Indian
Health Service hospitals are accredited by the Joint Commission on
Accreditation of Hospitals; only thirty-one meet mational fire
and safety codes; and fifty-two locations with Indian populations
have been identified as requiring either new or replacement health
centers and stations, or clinics remodeled for improved or
additional service;
(2) shortage of personnel. For example, about one-half of the
Service hospitals, four-fifths of the Service hospital outpatient
clinics, and one-half of the Service health meet only 80 per
centum of staffing standards for their respective services;
(3) insufficient services in such areas as laboratory, hospital
inpatient and outpatient, eye care and mental health services, and
services available through contracts with private physicians,
clinics, and agencies. For example, about 90 per centum of the
surgical operations needed for otitis media have not been
performed, over 57 per centum of required dental services remain
to be provided, and about 98 per centum of hearing aid
requirements are unmet;
(4) related support factors. For example, over seven hundred
housing units are needed for staff at remote Service facilities;
(5) lack of access of Indians to health services due to remote
residences, undeveloped or underdeveloped communication and
transportation systems, and difficult, sometimes severe, climate
conditions; and
(6) lack of safe water and sanitary waste disposal services.
For example, over thirty-seven thousand four hundred existing and
forty-eight thousand nine hundred and sixty planned replacement
and renovated Indian housing units need new or upgraded water and
sanitation facilities.
(g) The Indian people's growth of confidence in Federal Indian health
services is revealed by their increasingly heavy use of such services.
Progress toward the goal of better Indian health is dependent on this
continued growth of confidence. Both such progress and such confidence
are dependent on improved Federal Indian health services.
DECLARATION OF POLICY
Sec. 3. 25 USC 1602. The Congress hereby declares that it is the
policy of this Nation, in fulfillment of its special responsibilities
and legal obligation to the American Indian people, to meet the national
goal of providing the highest possible health status to Indians and to
provide existing Indian health services with all resources necessary to
effect that policy.
DEFINITIONS
Sec. 4. 25 USC 1603. For purposes of this Act--,
(a) " Secretary", unless otherwise designated, means the Secretary of
Health, Education, and Welfare.
(b) " Service" means the Indian Health Service.
(c) " Indians" or " Indian", unless otherwise designated, means any
person who is a member of an Indian tribe, as defined in subsection (d)
hereof, except that, for the purpose of sections 102, 103, and 201(c)(
5), such terms shall mean any individual who (1), irrespective of
whether he or she lives on or near a reservation, is a member of a
tribe, band, or other organized group of Indians, including those
tribes, bands, or groups terminated since 1940 and those recognized now
or in the future by the State in which they reside, or who is a
descendant, in the first or second degree, of any such member, or (2) is
an Eskimo or Aleut or other Alaska Native, or (3) is considered by the
Secretary of the Interior to be an Indian for any purpose, or (4) is
determined to be an Indian under regulations promulgated by the
Secretary.
(d) " Indian tribe" means any Indian tribe, band, nation, or other
organized group or community, including any Alaska Native village or
group or regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act 43 USC 1601 note.
(85 Stat. 688), which is recognized as eligible for the special programs
and services provided by the United States to Indians because of their
status as Indians.
(e) " Tribal organization" means the elected governing body of any
tribe or any legally established organization of Indians which is
controlled by one or more such bodies or by a board of directors elected
or selected by one or more such bodies (or elected by the Indian
population to be served by such organization) and which includes the
maximum participation of Indians in all phases of its activities.
(f) " Urban Indian" means any individual who resides in an urban
center, as defined in subsection (g) hereof, and who meets one or more
of the four criteria in subsection (c) (1) through (4) of this section.
(g) " Urban center" means any community which has a sufficient urban
Indian population with unmet health needs to warrant assistance under
title V, as determined by the Secretary.
(h) " Urban Indian organization" means a nonprofit corporate body
situated in an urban center, composed of urban Indians, and providing
for the maximum participation of all interested Indian groups and
individuals, which body is capable of legally cooperating with other
public and private entities for the purpose of performing the activities
described in section 503(a).
TITLE I--INDIAN HEALTH MANPOWER
PURPOSE
Sec. 101. 25 USC 1611. The purpose of this title is to augment the
inadequate number of health professionals serving Indians and remove the
multiple barriers to the entrance of health professionals into the
Service and private practice among Indians.
HEALTH PROFESSIONS RECRUITMENT PROGRAM FOR INDIANS
Sec. 102. 25 USC 1612. (a) The Secretary, acting through the
Service, shall make grants to public or nonprofit private health or
educational entities or Indian tribes or tribal organizations to assist
such entities in meeting the costs of--,
(1) identifying Indians with a potential for education or
training in the health professions and encouraging and assisting
them (A) to enroll in schools of medicine, osteopathy, dentistry,
veterinary medicine, optometry, podiatry, pharmacy, public health,
nursing, or allied health professions; or (b), if they are not
qualified to enroll in any such school, to undertake such
post-secondary education or training as may be required to qualify
them for enrollment;
(2) publicizing existing sources of financial aid available to
Indians enrolled in any school referred to in clause (1)(A) of
this subsection or who are undertaking training necessary to
qualify them to enroll in any such school; or
(3) establishing other programs which the Secretary determines
will enhance and facilitate the enrollment of Indians, and the
subsequent pursuit and completion by them of courses of study, in
any school referred to in clause (1)(A) of this subsection.
(b)(1) 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:
Provided, That the Secretary shall give a preference to applications
submitted by Indian tribes or tribal organizations.
(2) The amount of any grant under this section shall be determined by
the Secretary. Payments pursuant to 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.
(c) For the purpose of making payments pursuant to grants under this
section, there are authorized to be appropriated $900,000 for fiscal
year 1978, $1,500,000 for fiscal year 1979, and $1,800,000 for fiscal
year 1980. For fiscal years 1981, 1982, 1983, and 1984 there are
authorized to be appropriated for such payments such sums as may be
specifically authorized by an Act enacted after this Act.
Sec. 103. 25 USC 1613. (a) The Secretary, acting through the
Service, shall make scholarship grants to Indians who--,
(1) have successfully completed their high school education or
high school equivalency; and
(2) have demonstrated the capability to successfully complete
courses of study in schools of medicine, osteopathy, dentistry,
veterinary medicine, optometry, podiatry, pharmacy, public health,
nursing, or allied health professions.
(b) Each scholarship grant made under this section shall be for a
period not to exceed two academic years, which years shall be for
compensatory preprofessional education of any grantee.
(c) Scholarship grants made under this section may cover costs of
tuition, books, transportation, board, and other necessary related
expenses.
(d) There are authorized to be appropriated for the purpose of this
section: $800,000 for fiscal year 1978, $1,000,000 for fiscal year
1979, and $1,300,000 for fiscal year 1980. For fiscal years 1981, 1982,
1983, and 1984 there are authorized to be appropriated for the purpose
of this section such sums as may be specifically authorized by an Act
enacted after this Act.
HEALTH PROFESSIONS SCHOLARSHIP PROGRAM
Sec. 104. Section 225(i) of the Public Health Service Act (42 U.S.
C. 234(i)) is amended (1) by inserting "(1)" after "(i)", and (2) by
adding at the end the following:
"(2)(A) In addition to the sums authorized to be appropriated under
paragraph (1) to carry out the Program, there are authorized to be
appropriated for the fiscal year ending September 30, 1978, $5,450,000;
for the fiscal year ending September 30, 1979, $6,300,000; for the
fiscal year ending September 30, 1980, $7,200,000; and for fiscal years
1981, 1982, 1983, and 1984 such sums as may be specifically authorized
by an Act enacted after the Indian Health Care Improvement Act, to
provide scholarships under the Program to provide physicians,
osteopaths, dentists, veterinians, nurses, optometrists, podiatrists,
pharmacists, public health personnel, and allied health professionals to
provide services to Indians. Such scholarships shall be designated
Indian Health Scholarships and shall be made in accordance with this
section except as provided in subparagraph (B).
'(B)(i) The Secretary, acting through the Indian Health Service,
shall determine the individuals who receive the Indian Health
Scholarships, shall accord priority to applicants who are Indians, and
shall determine the distribution of the scholarships on the basis of the
relative needs of Indians for additional service in specific health
professions.
"(ii) The active duty service obligation prescribed by subsection (e)
shall be met by the recipient of an Indian Health Scholarship by service
in the Indian Health Service, in a program assisted under title V of the
Indian Health Care Improvement Act, or in the private practice of his
profession if, as determined by the Secretary in accordance with
guidelines promulgated by him, such practice is situated in a physician
or other health professional shortage area and addresses the health care
needs of a substantial number of Indians.
"(C) For purposes of this paragraph, the term ' Indians' has the same
meaning given that term by subsection (c) of section 4 of the Indian
Health Care Improvement Act and includes individuals described in
clauses (1) through (4) of that subsection.".
INDIAN HEALTH SERVICE EXTERN PROGRAMS
Sec. 105. 25 USC 1614. (a) Any individual who receives a
scholarship grant pursuant to section 104 shall be entitled to
employement in the Service during any nonacademic period of the year.
Periods of employment pursuant to this subsection shall not be counted
in determining the fulfillment of the service obligation incurred as a
condition of the scholarship grant.
(b) Any individual enrolled in a school of medicine, osteopathy,
dentistry, veterinary medicine, optometry, podiatry, pharmacy, public
health, nursing, or allied health professions may be employed by the
Service during any nonacademic period of the year. Any such employment
shall not exceed one hundred and twenty days during any calendar year.
(c) Any employment pursuant to this section shall be made without
regard to any competitive personnel system or agency personnel
limitation and to a position which will enable the individual so
employed to receive practical experience in the health profession in
which he or she is engaged in study. Any individual so employed shall
receive payment for his or her services comparable to the salary he or
she would receive if he or she were employed in the competitive system.
Any individual so employed shall not be counted against any employment
ceiling affecting the Service or the Department of Health, Education,
and Welfare.
(d) There are authorized to be appropriated for the purpose of this
section: $600,000 for fiscal year 1978, $800,000 for fiscal year 1979,
and $1,000,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983,
and 1984 there are authorized to be appropriated for the purpose of this
section such sums as may be specifically authorized by an Act enacted
after this Act.
CONTINUING EDUCATION ALLOWANCES
Sec. 106. 25 USC 1615. (a) In order to encourage physicians,
dentists, and other health professionals to join or continue in the
Service and to provide their services in the rural and remote areas
where a significant portion of the Indian people resides, the Secretary,
acting through the Service, may provide allowances to health
professionals employed in the Service to enable them for a period of
time each year prescribed by regulation of the Secretary to take leave
of their duty stations for professional consultation and refresher
training courses.
(b) There are authorized to be appropriated for the purpose of this
section: $100,000 for fiscal year 1978, $200,000 for fiscal year 1979,
and $250,000 for fiscal year 1980. For fiscal years 1981, 1982, 1983,
and 1984 there are authorized to be appropriated for the purpose of this
section such sums as may be specifically authorized by an Act enacted
after this Act.
TITLE II-- HEALTH SERVICES
HEALTH SERVICES
Sec. 201. 25 USC 1621. (a) For the purpose of eliminating backlogs
in Indian health care services and to supply known, unmet medical,
surgical, dental, optometrical, and other Indian health needs, the
Secretary is authorized to expend, through the Service, over the
seven-fiscal-year period beginning after the date of the enactment of
this Act the amounts authorized to be appropriated be subsection (c).
Funds appropriated pursuant to this section for each fiscal year shall
not be used to offset or limit the appropriations required by the
Service under other Federal laws to continue to serve the health needs
of Indians during and subsequent to such seven-fiscal-year period, but
shall be in addition to the level of appropriations provided to the
Service under this Act and such other Federal laws in the preceding
fiscal year plus an amount equal to the amount required to cover pay
increases and employee benefits for personnel employed under this Act
and such laws and increases in the costs of serving the health needs of
Indians under this Act and such laws, which increases are caused by
inflation.
(b) The Secretary, acting through the Service, is authorized to
employ persons to implement the provisions of this section during the
seven-fiscal-year period in accordance with the schedule provided in
subsection (c). Such positions authorized each fiscal year pursuant to
this section shall not be considered as offsetting or limiting the
personnel required by the Service to serve the health needs of Indians
during and subsequent to such seven-fiscal-year period but shall be in
addition to the positions authorized in the previous fiscal year.
(c) The following amounts and positions are authorized, in accordance
with the provisions of subsections (a) and (b), for the specific
purposes noted:
(1) Patient care (direct and indirect): sums and positions as
provided in subsection (e) for fiscal year 1978, $8,500,000 and
two hundred and twenty-five positions for fiscal year 1979, and
$16,200,000 and three hundred positions for fiscal year 1980.
(2) Field health, excluding dental care (direct and indirect):
sums and positions as provided in subsection (e) for fiscal year
1978, $3,350,000 and eighty-five positions for fiscal year 1979,
and $5,550,000 and one hundred and thirteen positions for fiscal
year 1980.
(3) Dental care (direct and indirect): sums and positions as
provided in subsection (e) for fiscal year 1978, $1,500,000 and
eighty positions for fiscal year 1979, and $1,500,000 and fifty
positions for fiscal year 1980.
(4) Mental health: (A) Community mental health services: sums
and positions as provided in subsection (e) for fiscal year 1978,
$1,300,000 and thirty positions for fiscal year 1979, and
$2,000,000 and thirty positions for fiscal year 1980.
(B) Inpatient mental health services: sums and positions as
provided in subsection (e) for fiscal year 1978, $400,000 and
fifteen positions for fiscal year 1979, and $600,000 and fifteen
positions for fiscal year 1980.
(C) Model dormitory mental health services: sums and positions
as provided in subsection (e) for fiscal year 1978, $1,250,000 and
fifty positions for fiscal year 1979, and $1,875,000 and fifty
positions for fiscal year 1980.
(D) Therapeutic and residential treatment centers: sums and
positions as provided in subsection (e) for fiscal year 1978,
$300,000 and ten positions for fiscal year 1979, and $400,000 and
five positions for fiscal year 1980.
(E) Training of traditional Indian practitioners in mental
health: sums as provided in subsection (e) for fiscal year 1978,
$150,000 for fiscal year 1979, and $200,000 for fiscal year 1980.
(5) Treatment and control of alcoholism among Indians:
$4,000,000 for fiscal year 1978, $9,000,000 for fiscal year 1979,
and $9,200,000 for fiscal year 1980.
(6) Maintenance and repair (direct or indirect): sums and
positions as provided in subsection (e) for fiscal year 1978,
$3,000,000 and twenty positions for fiscal year 1979, and
$4,000,000 and thirty positions for fiscal year 1980.
(7) For fiscal years 1981, 1982, 1983, and 1984 there are
authorized to be appropriated for the items referred to in the
preceding paragraphs such sums as may be specifically authorized
by an Act enacted after this Act. For such fiscal years,
positions are authorized for such items (other than the items
referred to in paragraphs (4)(E) and (5)) as may be specified in
an Act enacted after the date of enactment of this Act.
(d) The Secretary, acting through the Service, shall expend directly
or by contract not less than 1 per centum of the funds appropriated
under the authorizations in each of the clases (1) through (5) of
subsection (c) for research in each of the areas of Indian health care
for which such funds are authorized to be appropriated.
(e) For fiscal year 1978, the Secretary is authorized to apportion
not to exceed a total of $10,025,000 and 425 positions for the programs
enumerated in clauses (c) (1) through (4) and (c)(6) of this section.
TITLE III-- HEALTH FACILITIES
CONSTRUCTION AND RENOVATION OF SERVICE FACILITIES
Sec. 301. 25 USC 1631. (a) The Secretary, acting through the
Service, is authorized to expend over the seven-fiscal-year period
beginning after the date of the enactment of this Act the sums
authorized by subsection (b) for the construction and renovation of
hospitals, health centers, health stations, and other facilities of the
Service.
(b) The following amounts are authorized to be appropriated for
purposes of subsection (a):
(1) Hospitals: $67,180,000 for fiscal year 1978, $73,256,000
for fiscal year 1979, and $49,742,000 for fiscal year 1980. For
fiscal years 1981, 1982, 1983, and 1984, there are authorized to
be appropriated for hospitals such sums as may be specifically
authorized by an Act enacted after this Act.
(2) Health centers and health stations: $6,960,000 for fiscal
year 1978, $6,226,000 for fiscal year 1979, and $3,720,000 for
fiscal year 1980. For fiscal years 1981, 1982, 1983, and 1984,
there are authorized to be appropriated for health centers and
health stations such sums as may be specifically authorized by an
Act enacted after this Act.
(3) Staff housing: $1,242,000 for fiscal year 1978,
$21,725,000 for fiscal year 1979, and $4,116,000 for fiscal year
1980. For fiscal years 1981, 1982, 1983, and 1984, there are
authorized to be appropriated for staff housing such sums as may
be specifically authorized by an Act enacted after this Act.
(c) Prior to the expenditure of, or the making of any firm commitment
to expend, any funds authorized in subsection (a), the Secretary, acting
through the Service shall--,
(1) consult with any Indian tribe to be significantly affected
by any such expenditure for the purpose of determining and,
wherever practicable, honoring tribal preferences concerning the
size, location, type, and other characteristics of any facility on
which such expenditure is to be made; and
(2) be assured that, wherever practicable, such facility, not
later than one year after its construction or renovation, shall
meet the standards of the Joint Committee on Accreditation of
Hospitals.
CONSTRUCTION OF SAFE WATER AND SANITARY WASTE DISPOSAL FACILITIES
Sec. 302. 25 USC 1632. (a) During the seven-fiscal-year period
beginning after the date of enactment of this Act, the Secretary is
authorized to expend under section 7 of the Act of August 5, 1954 (42
U.S.C. 2004a), the sums authorized under subsection (b) to supply unmet
needs for safe water and sanitary waste disposal facilities in existing
and new Indian homes and communities.
(b) For expenditures of the Secretary authorized by subsection (a)
for facilities in existing Indian homes and communities there are
authorized to be appropriated $43,000,000 for fiscal year 1978,
$30,000,000 for fiscal year 1979, and $30,000,000 for fiscal year 1980.
For expenditures of the Secretary authorized by subsection (a) for
facilities in new Indian homes and communities there are authorized to
be appropriated such sums as may be necessary for fiscal years 1978,
1979, and 1980. For fiscal years 1981, 1982, 1983, and 1984 for
expenditrues authorized by subsection (a) there are authorized to be
appropriated such sums as may be specifically authorized in an Act
enacted after this Act.
(c) Former and currently federally recognized Indian tribes in the
State of New York shall be eligible for assistance under this section.
PREFERENCE TO INDIANS AND INDIAN FIRMS
Sec. 303. 25 USC 1633. (a) The Secretary, acting through the
Service, may utilize the negotiating authority of the Act of June 25,
1910 (25 U.S.C. 47), to give preference to any Indian or any
enterprise, partnership, corporation, or other type of business
organization owned and controlled by an Indian or Indians including
former or currently federally recognized Indian tribes in the State of
New York (hereinafter referred to as an " Indian firm") in the
construction and renovation of Service facilities pursuant to section
301 and in the construction of safe water and sanitary waste disposal
facilities pursuant to section 302. Such preference may be accorded by
the Secretary unless he finds, pursuant to rules and regulations
promulgated by him, that the project or function to be contracted for
will not be satisfactory or such project or function cannot be properly
completed or maintained under the proposed contract. The Secretary, in
arriving at his finding, shall consider whether the Indian or Indian
firm will be deficient with respect to (1) ownership and control by
Indians, (2) equipment, (3) bookkeeping and accounting procedures, (4)
substantive knowledge of the project or function to be contracted for,
(5) adequately trained personnel, or (6) other necessary components of
contract performance.
(b) For the purpose of implementing the provisions of this title, the
Secretary shall assure that the rates of pay for personnel engaged in
the construction or renovation of facilities constructed or renovated in
whole or in part by funds made available pursuant to this title are not
less than the prevailing local wage rates for similar work as determined
in accordance with the Act of March 3, 1931 (40 U.S. C. 276a - 276a -
5, known as the Davis-Bacon Act). 40 USC 276a note.
SOBOBA SANITATION FACILITIES
Sec. 304. The Act of December 17, 1970 (84 Stat. 1465), is hereby
amended by adding the following new section 9 at the end thereof:
" Sec. 9. Nothing in this Act shall preclude the Soboba Band of
Mission Indians and the Soboba Indian Reservation from being provided
with sanitation facilities and services under the authority of section 7
of the Act of August 5, 1954 (68 Stat. 674), as amended by the Act of
July 31, 1959 (73 Stat. 267).". 42 Usc 2004a.
TITLE IV-- ACCESS TO HEALTH SERVICES
ELIGIBILITY OF INDIAN HEALTH SERVICE FACILITIES UNDER MEDICARE PROGRAM
Sec. 401. (a) Sections 1814(c) and 1835(d) of the Social Security
Act 42 USC 1395f, 1395n. are each amended by striking out " No payment"
and inserting in lieu thereof " Subject to section 1880, no payment".
(b) Part C of title XVIII of such Act 42 USC 1395x. is amended by
adding at the end thereof the following new section:
" INDIAN HEALTH SERVICE FACILITIES
" Sec. 1880. 42 USC 1395qq. (a) A hospital or skilled nursing
facility of the Indian Health Service, whether operated by such Service
or by an Indian tribe or tribal organization (as those terms are defined
in section 4 of the Indian Health Care Improvement Act), shall be
eligible for payments under this title, notwithstanding sections 1814(c)
and 1835(d), if and for so long as it meets all of the conditions and
requirements for such payments which are applicable generally to
hospitals or skilled nursing facilities (as the case may be) under this
title.
"(b) Notwithstanding subsection (a), a hospital or skilled nursing
facility of the Indian Health Service which does not meet all of the
conditions and requirements of this title which are applicable generally
to hospitals or skilled nursing facilities (as the case may be), but
which submits to the Secretary within six months after the date of the
enactment of this section an acceptable plan for achieving compliance
with such conditions and requirements, shall be deemed to meet such
conditions and requirements (and to be eligible for payments under this
title), without regard to the extent of its actual compliance with such
conditions and requirements, during the first 12 months after the month
in which such plan is submitted.
"(c) Notwithstanding any other provision of this title, payments to
which any hospital or skilled nursing facility of the Indian Health
Service is entitled by reason of this section shall be placed in a
special fund to be held by the Secretary and used by him (to such extent
or in such amounts as are provided in appropriation Acts) exclusively
for the purpose of making any improvements in the hospitals and skilled
nursing facilities of such Service which may be necessary to achieve
compliance with the applicable conditions and requirements of this
title. The preceding sentence shall cease to apply when the Secretary
determines and certifies that substantially all of the hospitals and
skilled nursing facilities of such Service in the United States are in
compliance with such conditions and requirements.
"(d) The annual report of the Secretary which is required by section
701 of the Indian Health Care Improvement Act shall include (along with
the matters specified in section 403 of such Act) a detailed statement
of the status of the hospitals and skilled nursing facilities of the
Service in terms of their compliance with the applicable conditions and
requirements of this title and of the progress being made by such
hospitals and facilities (under plans submitted under subsection (b) and
otherwise) toward the achievement of such compliance.".
(c) Any payments received for services provided to beneficiaries
hereunder shall not be considered in determining appropriations for
health care and services to Indians.
(d) 42 USC 1395. Nothing herein authorizes the Secretary to provide
services to an Indian beneficiary with coverage under title XVIII of the
Social Security Act, as amended, in preference to an Indian Beneficiary
without such coverage.
SERVICES PROVIDED TO MEDICAID ELIGIBLE INDIANS
Sec. 402. 42 USC 1396. (a) Title XIX of the Social Security Act is
amended by adding at the end thereof the following new section:
" INDIAN HEALTH SERVICE FACILITIES
" Sec. 1911. 42 USC 1396j. (a) A facility of the Indian Health
Service (including a hospital, intermediate care facility, or skilled
nursing facility), whether operated by such Service or by an Indian
tribe or tribal organization (as those terms are defined in section 4 of
the Indian Health Care Improvement Act), shall be eligible for
reimbursement for medical assistance provided under a State plan if and
for so long as it meets all of the conditions and requirements which are
applicable generally to such facilities under this title.
"(b) Notwithstanding subsection (a), a facility of the Indian Health
Service (including a hospital, intermediate care facility, or skilled
nursing facility) which does not meet all of the conditions and
requirements of this title which are applicable generally to such
facility, but which submits to the Secretary within six months after the
date of the enactment of this section an acceptable plan for achieving
compliance with such conditions and requirements, shall be deemed to
meet such conditions and requirements (and to be eligible for
reimbursement under this title), without regard to the extent of its
actual compliance with such conditions and requirements, during the
first twelve months after the month in which such plan is submitted.".
(b) 42 USC 1396j note. The Secretary is authorized to enter into
agreements with the appropriate State agency for the purpose of
reimbursing such agency for health care and services provided in Service
facilities to Indians who are eligible for medical assistance under
title XIX of the Social Security Act, 42 USC 1396. as amended.
(c) Notwithstanding any other provision of law, payments to which any
facility of the Indian Health Service (including a hospital,
intermediate care facility, or skilled nursing facility) is entitled
under a State plan approved under title XIX of the Social Security Act
by reason of section 1911 of such Act shall be placed in a special fund
to be held by the Secretary and used by him (to such extent or in such
amounts as are provided in appropriation Acts) exclusively for the
purpose of making any improvements in the facilities of such Service
which may be necessary to achieve compliance with the applicable
conditions and requirements of such title. The preceding sentence shall
cease to apply when the Secretary determines and certifies that
substantially all of the health facilities of such Service in the United
States are in compliance with such conditions and requirements.
(d) 42 USC 1396j note. Any payments received for services provided
recipients hereunder shall not be considered in determining
appropriations for the provision of health care and services to Indians.
(e) Section 1905(b) 42 USC 1396d. of the Social Security Act is
amended by inserting at the end thereof the following: "
Notwithstanding the first sentence of this section, the Federal medical
assistance percentage shall be 100 per centum with respect to amounts
expended as medical assistance for services which are received through
an Indian Health Service facility whether operated by the Indian Health
Service or by an Indian tribe or tribal organization (as defined in
section 4 of the Indian Health Care Improvement Act).".
REPORT
Sec. 403. 25 USC 1671 note. The Secretary shall include in his
annual report required by section 701 an accounting on the amount and
use of funds made available to the Service pursuant to this title as a
result of reimbursements through titles XVIII and XIX of the Social
Security Act, as amended. 42 USC 1395., 1396.
TITLE V--HEALTH SERVICES FOR URBAN INDIANS
PURPOSE.
Sec. 501. 25 USC 1651. The purpose of this title is to encourage
the establishment of programs in urban areas to make health services
more accessible to the urban Indian population.
CONTRACTS WITH URBAN INDIAN ORGANIZATIONS
Sec. 502. 25 USC 1652. The Secretary, acting through the Service,
shall enter into contracts with urban Indian organizations to assist
such organizations to establish and administer, in the urban center in
which such organizations are situated, programs which meet the
requirements set forth in sections 503 and 504.
CONTRACT ELIGIBILITY
Sec. 503. 25 USC 1653. (a) The Secretary, acting through the
Service, shall place such conditions as he deems necessary to effect the
purpose of this title in any contract which he makes with any urban
Indian organization pursuant to this title. Such conditions shall
include, but are not limited to, requirements that the organization
successfully undertake the following activities:
(1) determine the population of urban Indians which are or
could be recipients of health referral or care services;
(2) identify all public and private health service resources
within the urban center in which the organization is situated
which are or may be available to urban Indians;
(3) assist such resources in providing service to such urban
Indians;
(4) assist such urban Indians in becoming familiar with and
utilizing such resources;
(5) provide basic health education to such urban Indians;
(6) establish and implement manpower training programs to
accomplish the referral and education tasks set forth in clauses
(3) through (5) of this subsection;
(7) identify gaps between unmet health needs of urban Indians
and the resources available to meet such needs;
(8) make recommendations to the Secretary and Federal, State,
local, and other resource agencies on methods of improving health
service programs to meet the needs of urban Indians; and
(9) where necessary, provide or contract for health care
services to urban Indians.
(b) The Secretary, acting through the Service, shall by regulation
prescrige the criteria for selecting urban Indian organizations with
which to contract pursuant to this title. Such criteria shall, among
other factors, take into consideration:
(1) the extent of the unmet health care needs of urban Indians
in the urban center involved;
(2) the size of the urban Indian population which is to receive
assistance;
(3) the relative accessibility which such population has to
health care services in such urban center;
(4) the extent, if any, to which the activities set forth in
subsection (a) would duplicate any previous or current public or
private health services project funded by another source in such
urban center;
(5) the appropriateness and likely effectiveness of the
activities set forth in subsection (a) in such urban center;
(6) the existence of an urban Indian organization capable of
performing the activities set forth in subsection (a) and of
entering into a contract with the Secretary pursuant to this
title; and
(7) the extent of existing or likely future participation in
the activities set forth in subsection (a) by appropriate health
and health-related Federal, State, local, and other resource
agencies.
OTHER CONTRACT REQUIREMENTS
Sec. 504. 25 USC 1654. (a) Contracts with urban Indian
organizations pursuant to this title shall be in accordance with all
Federal contracting laws and regulations except that, in the discretion
of the Secretary, such contracts may be negotiated without advertising
and need not conform to the provisions of the Act of August 24, 1935 (48
Stat. 793), as amended. 49 Stat. 793.
(b) 40 USC 270a - 270d. Payments under any contracts pursuant to
this title 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 this title.
(c) Notwithstanding any provision of law to the contrary, the
Secretary may, at the request or consent of an urban Indian
organization, revise or amend any contract made by him with such
organization pursuant to this title as necessary to carry out the
purposes of this title: Provided, however, That whenever an urban
Indian organization requests retrocession of the Secretary for any
contract entered into pursuant to this title, such retrocession shall
become effective upon a date specified by the Secretary not more than
one hundred and twenty days from the date of the request by the
organization or at such later date as may be mutually agreed to by the
Secretary and the organization.
(d) In connection with any contract made pursuant to this title, the
Secretary may permit an urban Indian organization to utilize, in
carrying out such contract, existing facilities owned by the Federal
Government within his jurisdiction under such terms and conditions as
may be agreed upon for their use and maintenance.
(e) Contracts with urban Indian organizations and regulations adopted
pursuant to this title shall include provisions to assure the fair and
uniform provision to urban Indians of services and assistance under such
contracts by such organizations.
REPORTS AND RECORDS
Sec. 505. 25 USC 1655. For each fiscal year during which an urban
Indian organization receives or expends funds pursuant to a contract
under this title, such organization shall submit to the Secretary a
report including information gathered pursuant to section 503(a) (7) and
(8), information on activities conducted by the organization pursuant to
the contract, an accounting of the amounts and purposes for which
Federal funds were expended, and such other information as the Secretary
may request. The reports and records of the urban Indian organization
with respect to such contract shall be subject to audit by the Secretary
and the Comptroller General of the United States.
AUTHORIZATIONS
Sec. 406. 25 USC 1656. There are authorized to be appropriated for
the purpose of this title: $5,000,000 for fiscal year 1978, $10,000,000
for fiscal year 1979, and $15,000,000 for fiscal year 1980.
REVIEW OF PROGRAM
Sec. 507. 25 USC 1657. Within six months after the end of fiscal
year 1979, the Secretary, acting through the Service and with the
assistance of the urban Indian organizations which have entered into
contracts pursuant to this title, shall review the program established
under this title and submit to the Congress his assessment thereof and
recommendations for any further legislative efforts he deems necessary
to meet the purpose of this title.
RURAL HEALTH PROJECTS
Sec. 508. 25 USC 1658. Not to exceed 1 per centum of the amounts
authorized by section 506 shall be available for not to exceed two pilot
projects providing outreach services to eligible Indians residing in
rural communities near Indian reservations.
TITLE VI-- AMERICAN INDIAN SCHOOL OF MEDICINE; FEASIBILITY
STUDY
FEASIBILITY STUDY
Sec. 601. 25 USC 1661. The Secretary, in consultation with Indian
tribes and appropriate Indian organizations, shall conduct a study to
determine the need for, and the feasibility of, establishing a school of
medicine to train Indians to profide health services for Indians.
Within one year of the date of the enactment of this Act the Secretary
shall complete such study and shall report to the Congress findings and
recommendations based on such study.
TITLE VII- MISCELLANEOUS
REPORTS
Sec. 701. 25 USC 1671. The Secretary shall report annually to the
President and the Congress on progress made in effecting the purposes of
this Act. Within three months after the end of fiscal year 1979, the
Secretary shall review expenditures and progess made under this Act and
make recommendations to the Congress concerning additional
authorizations for fiscal years 1981 through 1984 for programs
authorized under this Act which he deems appropriate. In the event the
Congress enacts legislation authorizing appropriations for programs
under this Act for fiscal years 1981 through 1984, within three months
after the end of fiscal year 1983, the Secretary shall review programs
established or assisted pursuant to this Act and shall submit to the
Congress his assessment and recommendations of additional programs or
additional assistance necessary to, at a minimum, provide health
services to Indians, and insure a health status for Indians, which are
at a parity with the health services available to, and the health
status, of the general population.
REGULATIONS
Sec. 702. 25 USC 1672. (a)(1) Within six months from the date of
enactment of this Act, the Secretary shall, to the extent practicable,
consult with national and regional Indian organizations to consider and
formulate appropriate rules and regulations to implement the provisions
of this Act.
(2) Within eight months from the date of enactment of this Act, the
Secretary shall publish proposed rules and regulations in the Federal
Register for the purpose of receiving comments from interested parties.
(3) Within ten months from the date of enactment of this Act, the
Secretary shall promulgate rules and regulations to implement the
provisions of this Act.
(b) The Secretary is authorized to revise and amend any rules or
regulations promulgated pursuant to this Act: Provided, That, prior to
any revision of or amendment to such rules or regulations, the Secretary
shall, to the extent practicable, consult with appropriate national or
regional Indian organizations and shall publish any proposed revision or
amendment in the Federal Register not less than sixty days prior to the
effective date of such revision or amendment in order to provide
adequate notice to, and receive comments from, other interested parties.
PLAN OF IMPLEMENTATION
Sec. 703. 25 USC 1673. Within two hundred and forty days after
enactment of this Act, a plan will be prepared by the Secretary and will
be submitted to the Congress. The plan will explain the manner and
schedule (including a schedule of appropriation requests), by title and
section, by which the Secretary will implement the provisions of this
Act.
LEASES WITH INDIAN TRIBES
Sec. 704. Notwithstanding any other provision of law, the Secretary
is authorized, in carrying out the purposes of this Act, to enter into
leases with Indian tribes for periods not in excess of twenty years.
AVAILABILITY OF FUNDS
Sec. 705. The funds appropriated pursuant to this Act shall remain
available until expended.
Approved September 30, 1976
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1026 part 1 and 94 - 1026 part 4 (Comm. on
Interior and Insular Affairs), No. 94 - 1026 pt. II (Comm. on Ways and
Means), and No. 94 - 1026 pt. III (Comm. on Interstate and Foreign
Commerce) all accompanying H.R. 2525.
SENATE REPORT No. 94 - 133 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD:
Vol. 121 (1975): May 16, considered and passed Senate.
Vol. 122 (1976): July 308 considered and passed House,
amended, in lieu of H.R. 2525. Sept. 9, Senate concurred in House
amendment with an amendment. Sept. 16, House concurred in Senate
amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 12, No. 40 (1976): Oct. 1, Presidential statement.
PUBLIC LAW 94-436, 90 STAT, 1398
94th Congress, H.R. 13325
September 30, 1976
AN ACT
To amend the Regional Rail Reorganization Act of 1973 to authorize
additional appropriations for the United States Railway Association, 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 214(c) of
the Regional Rail Reorganization Act of 1973 (45 U.S.C. 724(c)) is
amended to read as follows:
"(c) Association.--For the period beginning May 1, 1976, and ending
September 30, 1977, 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 $20,000,000.
Sums appropriated under this subsection are authorized to remain
available until September 30, 1978.".
Sec. 2. Section 206(d)(5) of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 716(d)(5)) is amended by adding at the end thereof the
following new sentence: " The Corporation, its Board of Directors, and
its individual directors shall not be liable to any party, for money
damages or in any other manner, solely by reason of the fact that the
Corporation transferred property pursuant to section 303 of this Act 45
USC 743. to meet the needs of commuter or intercity rail passenger
service, except as otherwise provided with respect to the Corporation
pursuant to section 303(c)(2) of this Act.".
Sec. 3. The first sentence of section 303(c)(5) of the Regional Rail
Reorganization Act of 1973 (45 U.s.c. 743(c)(5)) is amended to read as
follows: " Whenever the special court, pursuant to section 303(b)(1) of
this title, orders the transfer or conveyance of rail properties--,
"(A) designated under section 206(c)(1)(C) or (D) of this
Act, 45 USC 716.
to the Corporation or any subsidiary thereof, the United States
shall indemnify the Corporation against any costs or liabilities
imposed on the Corporation as the result of any judgment entered
against the Corporation, with respect to such properties, under
paragraph (2) of this subsection; and
"(B) to the National Railroad Passenger Corporation, a
profitable railroad operating in the region, a State, or any other
responsible person (including a governmental entity), the United
States shall indemnify such Corporation, railroad, State, or
person against any costs or liabilities imposed thereon as the
result of any judgment entered against such Corporation, railroad,
State, or person under paragraph (3) of this subsection;
plus interest on the amount of such judgment at such rate as is
constitutionally required.".
Sec. 4. Section 206(d) of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 716(d)) is amended by adding at the end thereof the
following new paragraph:
"(7) Notwithstanding any contrary provision in the options conveyed
to the Corporation by railroads in reorganization, or railroads leased,
operated, or controlled by a railroad in reorganization, with respect to
the acquisition, on behalf of a State (or a local or regional
transportation authority) of rail properties designated under section
206(c)(1)(D) of this title, such options shall not be deemed to have
expired prior to 7 days after the date of enactment of this paragraph.
The exercise by the Corporation of any such option shall be effective if
it is made, prior to the expiration of such 7-day period, in the manner
prescribed in such options.".
Sec. 5. Section 303(e) of the Regional Rail Reorganization Act of
1973 (45 U.S.C. 743(e) is amended by adding "or which are made at any
time to carry out the purposes of title VII of the Railroad
Revitalization and Regulatory Reform Act of 1976 or of section 601(d) of
this Act, 43 USC 791. at the end of the second parenthetical expression
between "title" and the closing parenthesis.
Approved September 30, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1124 (Comm. on Interstate and Foreign
Commerce).
SENATE REPORT No. 94 - 1194 (Comm. on Commerce).
CONGRESSIONAL RECORD: Vol. 122 (1976): June 7, considered and
passed House. Sept. 1, considered and passed Senate, amended. Sept.
17, House concurred in Senate amendments, with amendments. Sept. 20,
Senate concurred in House amendments.
PUBLIC LAW 94-435, 90 STAT, 1383
94th Congress, H.R. 8532
September 30, 1976
An Act
To improve and facilitate the expeditious and effective enforcement of
the antitrust laws, 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 " Hart-Scott-Rodino Antitrust Improvements Act of 1976".
15 USC 1311 note.
TABLE OF CONTENTS
TITLE I--ANTITRUST CIVIL PROCESS ACT AMENDMENTS
Sec. 101. Definitions.
Sec. 102. Civil investigative demands.
Sec. 103. Custodian of documents, answers, and transcripts.
Sec. 104. Judicial proceedings.
Sec. 105. Criminal penalty.
Sec. 106. Effective date.
TITLE II-- PREMERGER NOTIFICATION
Sec. 201. Notification and waiting period.
Sec. 202. Effective dates.
TITLE III-- PARENS PATRIAE
Sec. 301. Parens patriae actions by State attorneys general.
Sec. 302. Conforming amendments.
Sec. 303. Consolidation.
Sec. 304. Effective date.
Sec. 305. Short title to certain antitrust laws.
TITLE I--ANTITRUST CIVIL PROCESS ACT AMENDMENTS
DEFINITIONS
Sec. 101. Section 2 of the Antitrust Civil Process Act (15 U.S.C.
1311) is amended--,
(1) in subsection (a)--,
(A) by inserting "and" after the semicolon at the end of
paragraph (1);
(B) by striking out paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(C) by striking out "(A)" and ", or (B) any unfair trade
practice in or affecting such commerce" in paragraph (2) (as
redesignated by subparagraph (B)).
(2) by amending subsection (c) to read as follows:
"(c) The term 'antitrust investigation' means any inquiry conducted
by any antitrust investigator for the purpose of ascertaining whether
any person is or has been engaged in any antitrust violation or in any
activities in preparation for a merger, acquisition, joint venture, or
similar transaction, which, if consummated, may result in an antitrust
violation;".
(3) by amending subsection (f) to read as follows:
"(f) The term 'person' means any natural person, partnership,
corporation, association, or other legal entity, including any person
acting under color or authority of State law;".
(4) by amending subsection (h) to read as follows:
"(h) The term 'custodian' means the custodian or any deputy custodian
designated under section 4(a) of this Act.".
CIVIL INVESTIGATIVE DEMANDS
Sec. 102. Section 3 of the Antitrust Civil Process Act (15 U.S.C.
1312) is amended to read as follows:
" CIVIL INVESTIGATIVE DEMANDS
" Sec. 3. (a) Whenever the Attorney General, or the Assistant
Attorney General in charge of the Antitrust Division of the Department
of Justice, has reason to believe that any person may be in possession,
custody, or control of any documentary material, or may have any
information, relevant to a civil antitrust investigation, he may, prior
to the institution of a civil or criminal proceeding thereon, issue in
writing, and cause to be served upon such person, a civil investigative
demand requiring such person to produce such documentary material for
inspection and copying or reproduction, to answer in writing written
interrogatories, to give oral tertimony concerning documentary material
or information, or to furnish any combination of such material, answers,
or testimony.
"(b) Each such demand shall--,
"(1) state the nature of--,
"(A) the conduct constituting the alleged antitrust violation,
or
"(B) the activities in preparation for a merger, acquisition,
joint venture, or similar transaction, which, if consummated, may
result in an antitrust violation, which are under investigation
and the provision of law applicable thereto;
"(2) if it is a demand for production of documentary
material--,
"(A) describe the class or classes of documentary material to
be produced thereunder with such definiteness and certainty as to
plermit such material to be fairly identified;
"(B) prescribe a return date or dates which will provide a
reasonable period of time within which the material so demanded
may be assmebled and made available for inspection and copying or
reproduction; and
"(C) identify the custodian to whom such material shall be made
available; or
"(3) if it is a demand for answers to written
interrogatories--,
"(A) propound with definiteness and certainty the written
interrogatories to be answered;
"(B) prescribe a date or dates at which time answers to written
interrogatories shall be submitted; and
"(C) identify the custodian to whom such answers shall be
submitted; or
"(4) if it is a demand for the giving of oral testimony--,
"(A) prescribe a date, time, and place at which oral testimony
shall be commenced; and
"(B) identify an antitrust investigator who shall conduct the
examination and the custodian to whom the transcript of such
examination shall be submitted.
"(c) No such demand shall require the production of any documentary
material, the submission of any answers to written interrogatories, or
the giving of any oral testimony, if such material, answers, or
testimony would be protected from disclosure under--,
"(1) the standards applicable to subpenas or subpenas duces
tecum issued by a court of the United States in aid of a grand
jury investigation, or
"(2) the standards applicable to discovery requests under the
Federal Rules of Civil Procedure,
28 USC app.
to the extent that the application of such standards to any such
demand is appropriate and consistent with the provisions and
purposes of this Act.
"(d)(1) Any such demand may be served by any antitrust investigator,
or by any United States marshal or deputy marshal, at any place within
the territorial jurisdiction of any court of the United States.
"(2) any such demand or any petition filed under section 5 of this
Act may be served upon any person who is not to be found within the
territorial jurisdiction of any court of the United States, in such
manner as the Federal Rules of Civil Procedure prescribe for service in
a foreign country. To the extent that the courts of the United States
can assert jurisdiction over such person consistent with due process,
the United States District Court for the District of Columbia shall have
the same jurisdiction to take any action respecting compliance with this
Act by such person that such court would have if such person were
personally within the jurisdiction of such court.
"(e)(1) Service of any such demand or of any petition filed under
section 5 of this Act may be made upon a partnership, corporation,
association, or other legal entity by--,
"(A) delivering a duly executed copy thereof to any partner,
executive officer, managing agent, or general agent thereof, or to
any agent thereof authorized by appointment or by law to receive
service of process on behalf of such partnership, corporation,
association, or entity;
"(B) delivering a duly executed copy thereof to the principal
office or place of business of the partnership, corporation,
association, or entity to be served; or
"(C) depositing such copy in the United States mails, by
registered or certified mail, return receipt requested, duly
addressed to such partnership, corporation, association, or entity
at its principal office or place of business.
"(2) Service of any such demand or of any petition filed under
section 5 of this Act may be made upon any natural person by--,
"(A) delivering a duly executed copy thereof to the person to
be served; or
"(B) depositing such copy in the United States mails by
registered or certified mail, return receipt requested, duly
addressed to such person at his residence or principal office or
place of business.
"(f) A verified return by the individual serving any such demand or
petition setting forth the manner of such service shall be proof of such
service. In the case of service by registered or certified mail such
return shall be accompanied by the return post office receipt of
delivery of such demand.
"(g) The production of documentary material in response to a demand
served pursuant to this section shall be made under a sworn certificate,
in such form as the designates, by the person, if a natural person, to
whom the demand is directed or, if not a natural person, by a person or
persons having knowledge of the facts and circumstances relating to such
production, to the effect that all of the documentary material required
by the demand and in the possession, custody, or control of the person
to whom the demand is directed has been produced and made available to
the custodian.
"(h) Each interrogatory in a demand served pursuant to this section
shall be answered separately and fully in writing under oath, unless it
is objected to, in which event the reasons for the objection shall be
stated in lieu of an answer, and it shall be submitted under a sworn
certificate, is such form as the demand designates, by the person, if a
natural person, to whom the demand is directed or, if not a natural
person, by a person or persons responsible for answering each
interrogatory, to the effect that all information required by the demand
and in the possession, custody, control, or knowledge of the person to
whom the demand is directed has been submitted.
"(i)(1) The examination of any person pursuant to a demand for oral
testimony served under this section shall be taken before an officer
authorized to administer oaths and affirmations by the laws of the
United States or of the place where the examination is held. The
officer before whom the testimony is to be taken shall put the witness
on oath or affirmation and shall personally, or by someone acting under
his direction and in his presence,, record the testimony of the witness.
The testimony shall be taken stenographically and transcribed. When
the testimony is fully transcribed, the officer before whom the
testimony is taken shall promptly transmit a copy of the transcript of
the testimony to the custodian.
"(2) The antitrust investigator or investigators conducting the
examination shall exclude from the place where the examination is held
all other persons except the person being examined, his counsel, the
officer before whom the testimony is to be taken, and any stenographer
taking such testimony. The provisions of the Act of March 3, 1913 (Ch.
114,, 37 Stat. 731; 15 U.S.C. 30), shall not apply to such
examinations.
"(3) The oral testimony of any person taken pursuant to a demand
served under this section shall be taken in the judicial district of the
United States within which such person resides, is found, or trnasacts
business, or in such other place as may be agreed upon by the antitrust
investigator conducting the examination and such person.
"(4) When the testimony is fully transcribed, the antitrust
investigator or the officer shall afford the witness (who may be
accompanied by counsel) a reasonable opportunity to examine the
transcript; and the transcript shall be read to or by the witness,
unless such examination and reading are waived by the witness. Any
changes in form or substance which the witness desires to make shall be
entered and identified upon the transcript by the officer or the
antitrust investigator with a statement of the reasons given by the
witness for making such changes. The transcript shall then be signed by
the witness, unless the witness in writing waives the signing, is ill,
cannot be found, or refuses to sign. If the transcript is not signed by
the witness within thirty days of his being afforded a reasonable
opportunity to examine it, the officer or the antitrust investigator
shall sign it and state on the record the fact of the waiver, illness,
absence of the witness, or the refusal to sign, together with the
reason, if any, given therefor,
"(5) The officer shall certify on the transcript that the witness was
duly sworn by him and that the transcript is a true record of the
testimony given by the witness, and the officer or antitrust
investigator shall promptly deliver it or send it by registered or
certified mail to the custodian.
"(6) Upon payment of reasonable charges therefor, the antitrust
investigator shall furnish a copy of the transcript to the witness only,
except that the Assistant Attorney General in charge of the Antitrust
Division may for good cause limit such witness to inspection of the
official transcript of his testimony.
"(7)(A) Any person compelled to appear under a demand for oral
testimony pursuant to this section may be accompanied, represented and
advised by counsel. Counsel may advise such person, in confidence,
either upon the request of such person or upon counsel's own initiative,
with respect to any question asked of such person. Such person or
counsel may object on the record to any question, in whole or in part,
and shall briefly state for the record the reason for the objection. An
objection may properly be made, received, and entered upon the record
when it is claimed that such person is entitled to refuse to answer the
question on grounds of any constitutional or other legal right of
privilege, including the privilege against self-incrimination. Such
person shall not otherwise object to or refuse to answer any question,
and shall not by himself or through counsel otherwise interrupt the oral
examination. If such person refuses to answer any question, the
antitrust investigator conducting the examination may petition the
district court of the United States pursuant to section 5 of this Act
for an order compelling such person to answer such question.
"(B) If such person refuses to answer any question on grounds of the
privilege against self-incrimination, the testimony of such person may
be compelled in accordance with the provisions of part V of title 18,
United States Code. 18 USC 6001.
"(8) Any person appearing for oral examination pursuant to a demand
served under this section shall be entitled to the same fees and mileage
which are paid to witnesses in the district courts of the United
States.".
CUSTODIAN OF DOCUMENTS, ANSWERS, AND TRANSCIPTS
Sec. 103. Section 4 of such Act 15 USC 1313. is amended to read as
follows:
" CUSTODIAN OF DOCUMENTS, ANSWERS, AND TRANSCRIPTS
" Sec. 4. (a) The Assistant Attorney General in chare of the
Antitrust Division of the Department of Justice shall designate an
antitrust investigator to serve as custodian of documentary material,
answers to interrogatories, and transcripts of oral testimony received
under this Act, and such additional antitrust investigators as he shall
determine from time to time to be necessary to serve as deputies to such
officer.
"(b) Any person, upon whom any demand undersection 3 of this Act for
the production of documentary material has been duly served, shall make
such material available for inspection and copying or reproduction to
the custodian designated therein at the principal place of business of
such person (or at such other place as such custodian and such person
thereafter may agree and prescribe in writing or as the court may
direct, pursuant to section 5(d) of this Act) 15 USC 1314 on the return
date specified in such demand (or on such later date as such custodian
may prescribe in writing). Such person may upon written agreement
between such person and the custodian substitute copies for originals of
all or any part of such material.
"(c)(1) The custodian to whom any documentary material, answers to
interrogatories, or transcripts of oral testimony are delivered shall
take physical possession thereof, and shall be responsible for the use
made thereof and for the return of documentary material, pursuant to the
Act.
"(2) The custodian may cause the preparation of such copies of such
documentary material, answers to interrogatories, or transcripts of oral
testimony as may be required for official use by any duly authorized
official or employee of the Department of Justice under regulations
which shall be promulgated by the Attorney General. Notwithstanding
paragraph (3) of this subsection, such material, answers, and
transcripts may be used by any such official or employee in connection
with the taking of oral testimony pursuant to this Act.
"(3) Except as otherwise provided in this section, while in the
possession of the custodian, no documentary material, answers to
interrogatories, or transcripts of oral testimony, or copies thereof, so
produced shall be available for examination, without the consent of the
person who produced such material, answers, or transcripts, by any
individual other than a duly authorized official or employee of the
Department of Justice. Nothing in this section is intended to prevent
disclosure to either body of the Congress or to any authorized committee
or subcommittee thereof.
"(4) While in the possession of the custodian and under such
reasonable terms and conditions as the Attorney General shall prescribe,
(A) documentary material and answers to interrogatories shall be
available for examination by the person who produced such material or
answers, or by any duly authorized representative of such person, and
(B) transcripts of oral testimony shall be available for examination by
the person who produced such testimony, or his counsel.
"(d)(1) Whenever any attorney of the Department of Justice has been
designated to appear before any court, grand jury, or Federal
administrative or regulatory agency in any case or proceeding, the
custodian of any documentary material, answers to interrogatories, or
transcripts of oral testimony may deliver to such attorney such
material, answers, or transcripts for official use in connection with
any such case, grand jury, or proceeding as such attorney determines to
be required. Upon the completion of any such case, grand jury, or
proceeding, such attorney shall return to the custodian any such
material, answers, or trnascripts so delivered which have not passed
into the control of such court, grand jury, or agency through the
introduction thereof into the record of such case or proceeding.
"(2) The custodian of any documentary material, answers to
interrogatories, or transcripts of oral testimony may deliver to the
Federal Trade Commission, in response to a written request, copies of
such material, answers, or trnascripts for use in connection with an
investigation or proceeding under the Commission's jurisdiction. Such
material, answers, or transcripts may only be used by the Commission in
such manner and subject to such conditions as apply to the Department of
Justice under this Act.
"(e) If any documentary material has been produced in the course of
any antitrust investigation by any person pursuant to a demand under
this Act and--,
"(1) any case or proceeding before any court or grand jury
arising out of such investigation, or any proceeding before any
Federal administrative or regulatory agency involving such
material, has been completed, or
"(2) no case or proceeding, in which such material may be used,
has been commenced within a reasonable time after completion of
the examination and analysis of all documentary material and other
information assembled in the course of such investigation,
the custodian shall, upon written request of the person who produced
such material, return to such person any such material (other than
copies thereof furnished to the custodian pursuant to subsection (b) of
this section or made by the Department of Justice pursuant to subsection
(c) of this section) which has not passed into the control of any court,
grand jury, or agency through the introduction thereof into the record
of such case or proceeding.
"(f) In the event of death, disability, or separation from service in
the Department of Justice of the custodian of any documentary material,
answers to interrogatories, or transcripts of oral testimony produced
under any demand issued pursuant to this Act, or the official relief of
such custodian from resposibility for the custody and control of such
material, answers, or transcripts, the Assistant Attorney General in
charge of the Antitrust Division shall promptly (1) designate another
antitrust investigator to serve as custodian of such material, answers,
or transcripts, and (2) transmit in writing to the person who produced
such material, answers, or testimony notice as to the identity and
address of the successor so designated. Any successor designated under
this subsection shall have with regard to such material, answers, or
transcripts all duties and resposibilities imposed by this Act upon his
predecessor in office with regard thereto, except that he shall not be
held responsible for any default or dereliction which occurred prior to
his designation.".
JUDICIAL PROCEEDINGS
Sec. 104. (a) Section 5(a) of such Act 15 USC 1314. is amended by
striking out ",except that if" and all that follows down through the end
of the sentence and inserting in lieu thereof a period.
(b) The first sentence of subsection (b) of section 5 of such Act is
amended to read as follows: " Within twenty days after the service of
any such demand upon any person, or at any time before the return date
specified in the demand, whichever period is shorter, or within such
period exceeding twenty days after service or in excess of such return
date as may be prescribed in writing, wubsequent to service, by any
antitrust investigator named in the demand, such person may file, in the
district court of the United States for the judicial district within
which such person resides, is found, or transacts business, and serve
upon such antitrust investigator a petition for an order of such court
modifying or setting aside such demand.".
(c) The second sentence of subsection (b) of section 5 is amended by
striking out the period at the end thereof and by inserting in lieu
thereof: ", except that such person shall comply with any portions of
the demand not sought to be modified or set aside.".
(d) Subsection (c) of section 5 is amended by striking out
"delivered" and inserting in lieu thereof "or answers to interrogatories
delivered, or transcripts of oral testimony given".
(e) Section 5 is further amended by adding at the end thereof the
following:
"(f) Any documentary material, answers to written interrogatories, or
transcripts of oral testimony provided pursuant to any demand issued
under this Act shall be exempt from disclosure under section 552 of
title 5, United States Code.".
CRIMINAL PENALTY
Sec. 105. The third paragraph of section 1505 of title 18, United
States Code, is amended to read as follows:
" Whoever, with intent to avoid, evade, prevent, or obstruct
compliance, in whole or in part, with any civil investigative demand
duly and properly made under the Antitrust Civil Process Act, 15 USC
1311 note. willfully withholds, misrepresents, removes from any place,
conceals, covers up, destroys, mutilates, alters, or by other means
falsifies any documentary material, answers to written interrogatories,
or oral testimony, which is the subject of such demand; or attempts to
do so or solicits another to do so; or".
EFFECTIVE DATE
Sec. 106. The amendments to the Antitrust Civil Process Act 15 USC
1311 note. and to section 1505 of title 18, United States Code, made by
this title shall take effect on the date of enactment of this Act,
except section 3(i)(8) of the Antitrust Civil Process Act (as amended by
this Act) shall take effect on the later of (1) the date of enactment of
this Act, or (2) October 1, 1976. Any such amendment which provides for
the production of documentary material, answers to interrogatories, or
oral testimony shall apply to any act or practice without regard to the
date on which it occurred.
TITLE II-- PREMERGER NOTIFICATION
NOTIFICATION AND WAITING PERIOD
Sec. 201. The Clayton Act (15 U.S.C. 12 et seq.) is amended by
inserting immediately after section 7 of such Act the following new
section:
" Sec. 7 A. 15 USC 18a. (a) Except as exempted pursuant to
subsection (c), no person shall acquire, directly or indirectly, any
voting securities or assets of any other person, unless both persons (or
in the case of a tender offer, the acquiring person) file notification
pursuant to rules under subsection (d)(1) and the waiting period
described in subsection (b)(1) has expired, if--,
"(1) the acquiring person, or the person whose voting
securities or assets are being acquired, is engaged in commerce or
in any activity affecting commerce;
"(2)(A) any voting securities or assets of a person engaged in
manufacturing which has annual net sales or total assets of
$10,000,000 or more are being acquired by any person which has
total assets or annual net sales of $100,000,000 or more;
"(B) any voting securities or assets of a person not engaged in
manufacturing which has total assets of $10,000,000 or more are
being acquired by any person which has total assets or annual net
sales of $100,000,000 or more; or
"(C) any voting securities or assets of a person with annual
net sales or total assets of $100,000,000 or more are being
acquired by any person with total assets or annual net sales of
$10,000,000 or more; and
"(3) as a result of such acquisition, the acquiring person
would hold--,
"(A) 15 per centum or more of the voting securities or assets
of the acquired person, or
"(B) an aggregate total amount of the voting securities and
assets of the acquired person in excess of $15,000,000.
In the case of a tender offer, the person whose voting securities are
sought to be acquired by a person required to file notification under
this subsection shall file notification pursuant to rules under
subsection (d).
"(b)(1) The waiting period required under subsection (a) shall--,
"(A) begin on the date of the receipt by the Federal Trade
Commission and the Assistant Attorney General in charge of the
Antitrust Division of the Department of Justice (hereinafter
referred to in this section as the ' Assistant Attorney General')
of--,
"(i) the completed notification required under subsection (a),
or
"(ii) if such notification is not completed, the notification
to the extent completed and a statement of the reasons for such
noncompliance, from both persons, or, in the case of a tender
offer, the acquiring person; and
"(B) end on the thirtieth day after the date of such receipt
(or in the case of a cash tender offer, the fifteenth day), or on
such later date as may be set under subsection (e)(2) or (g)(2).
"(2) The Federal Trade Commission and the Assistant Attorney General
may, in individual cases, terminate the waiting period specified in
paragraph (1) and allow any person to proceed with any acquisition
subject to this section, and promptly shall cause to be published in the
Federal Register a notice that neither intends to take any action within
such period with respect to such acquisition.
"(3) As used in this section--,
"(A) The term 'voting securities' means any securities which at
present or upon conversion entitle the owner or holder thereof to
vote for the election of directors of the issuer or, with respect
to unincorporated issuers, persons exercising similar functions.
"(B) The amount or percentage of voting securities or assets of
a person which are acquired or held by another person shall be
determined by aggregating the amount or percentage of such voting
securities or assets held or acquired by such other person and
each affiliate thereof.
"(c) The following classes of transactions are exempt from the
requirements of this section--,
"(1) acquisitions of goods or realty transferred in the
ordinary course of business;
"(2) acquisitions of bonds, mortgages, deeds of trust, or other
obligations which are not voting securities;
"(3) acquisitions of voting securities of an issuer at least 50
per centum of the voting securities of which are owned by the
acquiring person prior to such acquisition;
"(4) transfers to or from a Federal agency or a State or
political subdivision thereof;
"(5) transactions specifically exempted from the antitrust laws
by Federal Statute;
"(6) transactions specifically exempted from the antitrust laws
by Federal statute if approved by a Federal agency, if copies of
all information and documentary material filed with such agency
are contemporaneously filed with the Federal Trade Commission and
the Assistant Attorney General;
"(7) transactions which require agency approval under section
18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1828 (c)),
or section 3 of the Bank Holding Company Act of 1956 (12 U.S.C.
1842);
"(8) transactions which require agency approval under section 4
of the Bank Holding Company Act of 1956 (12 U.S.C. 1843), section
403 or 408(e) of the National Housing Act (12 U.S.C. 1726 and
1730a), or section 5 of the Home Owners' Loan Act of 1933 (12
U.S.C. 1464), if the copies of all information and documentary
material filed with any such agency are contemporaneously filed
with the Federal Trade Commission and the Assistant Attorney
General at least 30 days prior to consummation of the proposed
transaction;
"(9) acquisitions, solely for the purpose of investment, of
voting securities, if, as a result of such acquisition, the
securities acquired or held do not exceed 10 per centum of the
outstanding voting securities of the issuer;
"(10) acquisitions of voting securities, if, as a result of
such acquisition, the voting securities acquired do not increase,
directly or indirectly, the acquiring person's per centum share of
outstanding voting securities of the issuer;
"(11) acquisitions, solely for the purpose of investment, by
any bank, banking association, trust company, investment company,
or insurance company, of (A) voting securities pursuant to a plan
of reorganization or dissolution; or (B) assets in the ordinary
course of its business; and
"(12) such other acquisitions, transfers, or transactions, as
may be exempted under subsection (d)(2)(B).
"(d) The Federal Trade Commission, with the concurrence of the
Assistant Attorney General and by rule in accordance with section 553 of
title 5, United States Code, consistent with the purposes of this
section--,
"(1) shall require that the notification required under
subsection (a) be in such form and contain such documentary
material and information relevant to a proposed acquisition as is
necessary and appropriate to enable the Federal Trade Commission
and the Assistant Attorney General to determine whether such
acquisition may, if consummated, violate the antitrust laws; and
"(2) may--,
"(A) define the terms used in this section;
"(B) exempt, from the requirements of this section, classes of
persons, acquisitions, transfers, or transactions which are not
likely to violate the antitrust laws; and
"(C) prescribe such other rules as may be necessary and
appropriate to carry out the purposes of this section.
"(e)(1) The Federal Trade Commission or the Assistant Attorney
General may, prior to the expiration of the 30-day waiting period (or in
the case of a cash tender offer, the 15-day waiting period) specified in
subsection (b)(1) of this section, require the submission of additional
information or documentary material relevant to the proposed
acquisition, from a person required to file notification with respect to
such acquisition under subsection (a) of this section prior to the
expiration of the waiting period specified in subsection (b)(1) of this
section, or from any officer, director, partner, agent, or employee of
such person.
"(2) The Federal Trade Commission or the Assistant Attorney General,
in its or his discretion, may extend the 30-day waiting period (or in
the case of a cash tender offer, the 15-day waiting period) specified in
subsection (b)(1) of this section for an additional period of not more
than 20 days (or in the case of a cash tender offer, 10 days) after the
date on which the Federal Trade Commission or the Assistant Attorney
General, as the case may be, receives from any person to whom a request
is made under paragraph (1), or in the case of tender offers, the
acquiring person, (A) all the information and documentary material
required to be submitted pursuant to such a request, or (B) if such
request is not fully complied with, the information and documentary
material submitted and a statement of the reasons for such
noncompliance. Such additional period may be further extended only by
the United States district court, upon an application by the Federal
Trade Commission or the Assistant Attorney General pursuant to
subsection (g)(2).
"(f) If a proceeding is instituted or an action is filed by the
Federal Trade Commission, alleging that a proposed acquisition violates
section 7 of this Act or section 5 of the Federal Trade Commission Act,
15 USC 18, 45. or an action is filed by the United States, alleging
that a proposed acquisition violates such section 7 or section 1 or 2 of
the Sherman Act, 15 USC 1, 2. and the Federal Trade Commission or the
Assistant Attorney General (1) files a motion for a preliminary
injunction against consummation of such acquisition pendente lite, and
(2) certifies to the United States district court for the judicial
district within which the respondent resides or carries on business, or
in which the action is brought, that it or he believes that the public
interest requires relief pendente lite pursuant to this subsection--,
"(A) upon the filing of such motion and certification, the
chief judge of such district court shall immediately notify the
chief judge of the United States court of appeals for the curcuit
in which such district court is located, who shall designate a
United States district judge to whom such action shall be assigned
for all purposes; and
"(B) the motion for a preliminary injunction shall be set down
for hearing by the district judge so designated at the earliest
practicable time, shall take precendence over all matters except
older matters of the same character and trials pursuant to section
3161 of title 18, United States Code, and shall be in every way
expedited.
"(g)(1) Any person, or any officer, director, or partner thereof, who
fails to comply with any provision of this section shall be liable to
the United States for a civil penalty of not more than $10,000 for each
day during which such person is in violation of this section. Such
penalty may be recovered in a civil action brought by the United States.
"(2) If any person, or any officer, director, partner, agent, or
employee thereof, fails substantially to comply with the notification
requirement under subsection (a) or any request for the submission of
additional information or documentary material under subsection (e)(1)
of this section within the waiting period specified in subsection (b)(
1) and as may be extended under subsection (e)(2), the United States
district court--,
"(A) may order compliance;
"(B) shall extend the waiting period specified in subsection
(b)(1) and as may have been extended under subsection (e)(2) until
there has been substantial compliance, except that, in the case of
a tender offer, the court may not extend such waiting period on
the basis of failure, by the person whose stock is sought to be
acquired, to comply substantially with such notification
requirement or any such request; and
"(C) may grant such other equitable relief as the court in its
discretion determines necessary or appropriate,
upon application of the Federal Trade Commission or the Assistant
Attorney General.
"(h) Any information or documentary material filed with the Assistant
Attorney General or the Federal Trade Commission pursuant to this
section shall be exempt from disclosure under section 552 of title 5,
United States Code, and no such information or documentary material may
be made public, except as may be relevant to any administrative or
judicial action or proceeding. Nothing in this section is intended to
prevent disclosure to either body of Congress or to any duly authorized
committee or subcommittee of the Congress.
"(i)(1) Any action taken by the Federal Trade Commission or the
Assistant Attorney General or any failure of the Federal Trade
Commission or the Assistant Attorney General to take any action under
this section shall not bar any proceeding or any action with respect to
such acquisition at any time under any other section of this Act or any
other provision of law.
"(2) Nothing contained in this section shall limit the authority of
the Assistant Attorney General or the Federal trade Commission to secure
at any time from any person documentary material, oral testimony, or
other information under the Antitrust Civil Process Act, 15 USC 1311
note. the Federal Trade Commission Act, 15 USC 58. or any other
provision of law.
"(j) Beginning not later than January 1, 1978, the Federal Trade
Commission, with the concurrence of the Assistant Attorney General,
shall annually report to the Congress on the operation of this section.
Such report shall include an assessment of the effects of this section,
of the effects, purpose, and need for any rules promulgated pursuant
thereto, and any recommendations for revisions of this section.".
EFFECTIVE DATES
Sec. 202. (a) The amendment made by section 201 of this Act 15 USC
18a note. shall take effect 150 days after the date of enactment of
this Act, except that subsection (d) of section 7 A of the Clayton Act
(as added by section 201 of this Act) shall take effect on the date of
enactment of this Act.
TITLE III-- PARENS PATRIAE
PARENS PATRIAE ACTIONS BY STATE ATTORNEYS GENERAL
Sec. 301. The Clayton Act is amended by inserting immediately
following section 4 B the following new sections:
" ACTIONS BY STATE ATTORNEYS GENERAL
" Sec. 4 C. 15 USC 15c. (a)(1) Any attorney general of a State may
bring a civil action in the name of such State, as parens patriae on
behalf of natural persons residing in such State, in any district court
of the United States having jurisdiction of the defendant, to secure
monetary relief as provided in this section for injury sustained by such
natural persons to their property by reason of any violation of the
Sherman Act. 15 USC 1-7. The court shall exclude from the amount of
monetary relief awarded in such action any amount of monetary relief (A)
which duplicates amounts which have been awarded for the same injury, or
(B) which is properly allocable to (i) natural persons who have excluded
their claims pursuant to subsection (b)(2) of this section, and (ii) any
business entity.
"(2) The court shall award the State as monetary relief threefold the
total damage sustained as described in paragraph (1) of this subsection,
and the cost of suit, including a reasonable attorney's fee.
"(b)(1) In any action brought under subsection (a)(1) of this
section, the State attorney general shall, at such times, in such
manner, and with such content as the court may direct, cause notice
thereof to be given by publication. If the court finds that notice
given solely by publication would deny due process of law to any person
or persons, the court may direct further notice to such person or
persons according to the circumstances of the case.
"(2) Any person on whose behalf an action is brought under subsection
(a)(1) may elect to exclude from adjudication the portion of the State
claim for monetary relief attributable to him by filing notice of such
election with the court within such time as specified in the notice
given pursuant to paragraph (1) of this subsection.
"(3) The final judgement in an action under subsection (a)(1) shall
be res judicata as to any claim under section 4 of this Act by any
person on behalf of whom such action was brought and who fails to give
such notice within the period specified in the notice given pursuant to
paragraph (1) of this subsection.
"(c) An action under subsection (a)(1) shall not be dismissed or
compromised without the approval of the court, and notice of any
proposed dismissal or compromise shall be given in such manner as the
court directs.
"(d) In any action under subsection (a)--,
"(1) the amount of the plaintiffs' attorney fee, if any, shall
be determined by the court; and
"(2) the court may in its discretion, award a reasonable
attorney's fee to a prevailing defendant upon a finding that the
State attorney general has acted in bad faith, vexatiously,
wantonly, or for oppressive reasons.
" MEASUREMENT OF DAMAGES
" Sec. 4 D. 15 USC 15d. In any action under section 4 C(a)(1), in
which there has been a determination that a defendant agreed to fix
prices in violation of the Sherman Act, 15 USC 1 - 7. damages may be
proved and assessed in the aggregate by statistical or sampling methods,
by the computation of illegal overcharges, or by such other reasonable
system of estimating aggregate damages as the court in its discretion
may permit without the necessity of separately proving the individual
claim of, or amount of damage to, persons on whose behalf the suit was
brought.
" DISTRIBUTION OF DAMAGES
" Sec. 4 E. 15 USC 15e. Monetary relief recovered in an action
under section 4 C(a)(1) shall--,
"(1) be distributed in such manner as the district court in its
discretion may authorize; or
"(2) be deemed a civil penalty by the court and deposited with
the State as general revenues;
subject in either case to the requirement that any distribution
procedure adopted afford each person a reasonable opportunity to secure
his appropriate portion of the net monetary relief.
" ACTIONS BY ATTORNEY GENERAL OF THE UNITED STATES
" Sec. 4 F. 15 USC 15f. (a) Whenever the Attorney General of the
United States has brought an action under the antitrust laws, and he has
reason to believe that any State attorney general would be entitled to
bring an action under this Act based substantially on the same alleged
violation of the antitrust laws, he shall promptly give written
notification thereof to such State attorney general.
"(b) To assist a State attorney general in evaluating the notice or
in bringing any action under this Act, the Attorney General of the
United States shall, upon request by such State attorney general, make
available to him, to the extent permitted by law, any investigative
files or other materials which are or may be relevant or material to the
actual or potential cause of action under this Act.
" DEFINITIONS
" Sec. 4 G. 15 USC 15g. For the purposes of sections 4 C, 4 D, 4 E,
and 4 F of this Act:
"(1) The term ' State attorney general' means the chief legal
officer of a State, or any other person authorized by State law to
bring actions under section 4 C of this Act, and includes the
Corporation Counsel of the District of Columbia, except that such
term does not include any person employed or retained on--,
"(A) a contingency fee based on a percentage of the monetary
relief awarded under this section; or
"(B) any other contingency fee basis, unless the amount of the
award of a reasonable attorney's fee to a prevailing plaintiff is
determined by the court under section 4 C(d)(1).
"(2) The term ' State' means a State, the District of Columbia,
the Commonwealth of Puerto Rico, and any other territory or
possession of the United States.
"(3) The term 'natural persons' does not include
proprietorships or partnerships.
" APPLICABILITY OF PARENS PATRIAE ACTIONS
" Sec. 4 H. 15 USC 15h. Sections 4 C, 4 D, 4 E, 4 F, and 4 G shall
apply in any State, unless such State provides by law for its
nonapplicability in such State.".
CONFORMING AMENDMENTS
Sec. 302. The Clayton Act (15 U.S.C. 12 et seq.), is amended--,
(1) in section 4 B (15 U.S.C. 15b), by striking out "sections 4
or 4 A" and inserting in lieu thereof "section 4, 4 A, or 4 C";
"(2) in section 5(i) (15 U.S.C. 16(i)), by striking out
"private right of action" and inserting in lieu thereof "private
or State right of action"; and by striking out "section 4" and
inserting in lieu thereof "section 4 or 4 C"; and
(3) by adding at the end of section 16 (15 U.S.C 26) the
following: " In any action under this section in which the
plaintiff substantially prevails, the court shall award the cost
of suit, including a reasonable attorney's fee, to such
plaintiff.".
CONSOLIDATION
Sec. 303. Section 1407 of title 28, United States Code, is amended
by adding at the end thereof the following new section:
"(h) 28 USC 1404. Notwithstanding the provisions of section 1404 or
subsection (f) of this section, the judicial panel on multidistrict
litigation may consolidate and transfer with or without the consent of
the parties, for both pretrial purposes and for trial, any action
brought under section 4 C of the Clayton Act.
EFFECTIVE DATE
Sec. 304. The amendments to the Clayton Act 15 USC 15c note. made
by section 301 of this Act shall not apply to any injury sustained prior
to the date of enactment of this Act.
SHORT TITLES FOR CERTAIN ANTITRUST LAWS
Sec. 305. (a) The Act 15 USC 1 note. entitled " An Act to protect
trade and commerce against unlawful restraints and monopolies", approved
July 2, 1890 (15 U.S.C. 1 et seq.), is amended by adding immediately
after the enacting clase the following: " That this Act may be cited as
the ' Sherman Act'.".
(b) The Act entitled " An Act to supplement existing laws against
unlawful restraints and monopolies, and for other purposes", approved
October 15, 1914 (15 U.S.C. 12 et seq.), is amended by--,
(1) inserting "(a)" after " That" in the first section; and
(2) adding at the end of the first section the following new
subsection:
"(b) This Act may be cited as the ' Clayton Act'.".
(c) The Act entitled " An Act to promote export trade, and for other
purposes", approved April 10, 1918 (40 Stat. 516; 15 U.S.C. 61 et seq.)
is amended by adding at the end thereof the following new section:
" Sec. 6. This Act 15 USC 66. may be cited as the ' Webb-Pomerene
Act'.".
(d) The Act entitled " An Act to reduce taxation, to provide revenue
for the Government, and for other purposes", approved August 27, 1894
(28 Stat. 509; 15 U.S.C. 8 et seq.), is amended by adding at the end
thereof the following new section:
" Sec. 78. Sections 73, 74, 75, 76, and 77 of this Act 15 USC 8
note. may be cited as the ' Wilson Tariff Act'.".
Approved September 30, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 499, No. 94 - 499, Pt. 2, No. 94 - 1343
accompanying H.r. 13489, and No. 94 - 1373 accompanying H.R. 14580 (all
from Comm. on the Judiciary).
SENATE REPORT No. 94 - 803 accompanying S. 1284 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 18, considered and
passed House. May 25, 27, 28, June 3, 4, 7 - 10, considered and passed
Senate, amended. Aug. 2, H.R. 13489 and H.R. 14580 considered and
passed House Aug. 24, House agreed to Senate amendment with an
amendment. Ag. 27, 30, 31, Sept. 7, 8, Senate agreed to House amendment
with an amendment. Sept. 16, House agreed to Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept.
30, Presidential statement.
PUBLIC LAW 94-434, 90 STAT, 1381
94th Congress, S. 2511
September 30, 1976
An Act
To authorize the Secretary of Agriculture to convey certain lands in
the State of Idaho, 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) the Secretary
of Agriculture is authorized to convey by quitclaim deed, subject to the
provisions of subsection (b) of this section, all right, title, and
interest of the United States in and to the following described tract of
land and the improvements thereon:
A part of the Riverside Park Addition to Boise City, Ada
County, Idaho, in sections 9 and 10, township 3 north, range 2
east, Boise meridian, according to the plat thereof, filed in book
6 of plats at page 250, records of Ada County, Idaho.
All of block 6, except lots 9 and 10; all of block 3, except
lots 10 to 13, inclusive; and all of the adjacent vacated streets
and alleys described as follows:
Tenth Street between the south line of River Street and the
north line of Park Boulevard; alley running in a northerly and
southerly direction in block 3 from the south line of River Street
to the south line of lot 9, block 3; all of alley running in a
northerly and southerly direction in block 6; all of alley
running in an easterly and westerly direction between lots 16 and
20 and lots 21 to 32, inclusive, block 6; alley running in an
easterly and westerly direction between lots 13 and 17 and lots 1
to 12, inclusive, in block 6 from west line of Tenth Street to
west line of lot 8, block 6; all the alley running in an easterly
and westerly direction in block 3; and the following two tracts:
Tract 1: A tract 12 feet wide lying west and adjacent to lots
1 through 9, inclusive, block 3, Riverside Park Addition, more
particularly described as follows:
Beginning at the northwest corner of lot 1, block 3, Riverside
Park Addition; then north 87 degrees 36 minutes west 12 feet,
thence south 2 degrees 24 minutes west 225 feet; thence south 87
degrees 36 minutes east 12 feet; thence north 2 degrees 24
minutes east 225 feet to the northwest corner of lot 1, the place
of beginning.
Tract 2: A tract 12 feet wide lying east and adjacent to lots
36 and 15, also a tract 12 feet wide, lying along the easterly
line of lot 14 and being approximately 50 feet in length along
said lot 14, all in block 3 of Riverside Park Addition, more
particularly described as follows:
Beginning at the northeast corner of lot 36, block 3, Riverside
Park Addition; thence south 2 degrees 24 minutes west 256 feet,
to a point extending approximately 50 feet, more or less,
southerly from the north end of lot 14, which would be intersected
by the projection of the south line of lot 9; thence south 87
degrees 36 minutes east 12 feet; thence north 2 degrees 24
minutes east 249 feet; thence north 55 degrees 06 minutes west 14
feet to the place of beginning. Containing 5.22 acres, more or
less.
(b) Any such conveyance pursuant to subsection (a) of this section
shall be conditioned upon the Secretary of Agriculture (hereinafter
referred to as the " Secretary") entering into an agreement or other
arrangement, including an exchange, sufficient to assure the Secretary
that the party to whom such conveyance is to be made will cause to be
constructed, for the United States, on the southeast quarter northwest
quarter northeast quarter southwest quarter, section 27, township 3
north, range 2 east, Boise meridian, containing 2.50 acres, more or less
(withdrawn from the public domain for administrative site purposes), or
on an alternative site to be determined by the Secretary, administrative
improvements of at least equal value to the lands and the improvements
thereto authorized to be conveyed by subsection (a) of this section:
Provided, That if the value of the lands and the improvements thereon
authorized to be conveyed by subsection (a) exceeds the value of the
administrative improvements determined necessary by the Secretary to be
constructed under this subsection, the party to whom the conveyance is
made shall make a cash payment to the United States in an amount equal
to the difference between the two values.
(c) In carrying out the provisions of this Act, the Secretary shall
solicit public offers. Such solicitation shall be made with sufficient
time to permit such full and free competition as is necessary to meet
the requirements of the agency concerned. All offers shall be publicly
opened at the time and place stated in the solicitation notice. After
considering price, value and other factors, the Secretary shall enter
into such agreement or arrangement with the responsible party whose
offer, conforming to the solicitation notice, is determined by the
Secretary to be most advantageous to the Government. Notwithstanding
any other provision of this Act, all offers may be rejected by the
Secretary if he determines that it is in the public interest to do so.
Approved September 30, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1539 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 745 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 13, considered and
passed Senate. Sept. 20, considered and passed House.
PUBLIC LAW 94-433, 90 STAT, 1374
94th Congress, H.R. 14299
September 30, 1976
An Act
To amend title 38, United States Code, to increase the rates of
disability compensation for disabled veterans; to increase the rates of
dependency and indemnity compensation for their survivors; 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 " Veterans Disability Compensation and Survivor Benefits
Act of 1976".
TITLE I--VETERANS DISABILITY COMPENSATION
Sec. 101. 38 USC 101 note. (a) Section 314 of title 38, United
States Code, is amended--,
(1) by striking out in subsection (a) "$35" and inserting in
lieu thereof "$38";
(2) by striking out in subsection (b) "$65" and inserting in
lieu thereof "$70";
(3) by striking out in subsection (c) "$98" and inserting in
lieu thereof "$106";
(4) by striking out in subsection (d) "$134" and inserting in
lieu thereof "$145";
(5) by striking out in subsection (e) "$188" and inserting in
lieu thereof "$203";
(6) by striking out in subsection (f) "$236" and inserting in
lieu thereof "$255";
(7) by striking out in subsection (g) "$280" and inserting in
lieu thereof "$302";
(8) by striking out in subsection (h) "$324" and inserting in
lieu thereof "$350";
(9) by striking out in subsection (i) "$364" and inserting in
lieu thereof "$393";
(10) by striking out in subsection (j) "$655" and inserting in
lieu thereof "$707";
(11) by striking out in subsection (k) "$52" and "$814" and
"$1,139" each time they appear and inserting in lieu thereof "$56"
and "$879" and "$1,231", respectively;
(12) by striking out in subsection (l) "$814" and inserting in
lieu thereof "$879";
(13) by striking out in subsection (m) "$896" and inserting in
lieu thereof "$968";
(14) by striking out in subsection (n) "$1,018" and inserting
in lieu thereof "$1,099";
(15) by striking out in subsection (o) and (p) "$1,139" each
time it appears and inserting in lieu thereof "$1,231";
(16) by striking out in subsection (r) "$489" and inserting in
lieu thereof "$528"; and
(17) by striking out in subsection (s) "$732" and inserting in
lieu thereof "$791".
(b) 38 USC 314 note. 38 USC prec. 101. 38 USC 301. 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 who are not in receipt of compensation payable
pursuant to chapter 11 of title 38, United States Code.
Sec. 102. Section 315(1) of title 38, United States Code, as
amended--,
(1) by striking out in subparagraph (A) "$40" and inserting in
lieu thereof "$43";
(2) by striking out in subparagraph (B) "$67" and inserting in
lieu thereof "$72";
(3) by striking out in subparagraph (C) "$85" and inserting in
lieu thereof "$92";
(4) by striking out in subparagraph (D) "$105" and "$19" and
inserting in lieu thereof "$113" and "$21", respectively;
(5) by striking out in subparagraph (E) "$26" and inserting in
lieu thereof "$28";
(6) by striking out in subparagraph (F) "$45" and inserting in
lieu thereof "$49";
(7) by striking out in subparagraph (G) "$67" and "$19" and
inserting in lieu thereof "$72" and "$21", respectively;
(8) by striking out in subparagraph (H) "$32" and inserting in
lieu thereof "$35" and by striking out in such subparagraph after
the semicolon "and";
(9) by striking out in subparagraph (I) "$61" and inserting in
lieu thereof "$66"; and
(10) by redesignating subparagraph (I) as subparagraph (J) and
inserting the new subparagraph (I) as follows:
"(I) notwithstanding the other provisions of the subsection,
the monthly payable amount on account of a spouse who 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, shall be $78 for a totally disabled
veteran and proportionate amounts for partially disabled veterans
in accordance with paragraph (2) of this subsection; and".
TITLE II- SURVIVORS, DEPENDENCY AND INDEMNITY COMPENSATION
Sec. 201. Section 411 of title 38, United States Code, is amended to
read as follows:
" Sec. 411. Dependency and indemnity compensation to a
surviving
spouse
"(a) Dependency and indemnity compensation shall be paid to a
surviving spouse, based on the pay grade of the person upon whose death
entitlement is predicated, at monthly rates set forth in the following
table:
" Pay grade Monthly rate Pay grade Monthly rate
E-1 $260 W-4 $372
E-2 268 O-1 328
E-3 275 O-2 340
E-4 292 O-3 364
E-5 300 O-4 384
E-6 307 O-5 423
E-7 322 O-6 476
E-8 340 O-7 516
E-9 /1/ 355 O-8 565
W-1 328 O-9 607
W-2 341 O-10 /2/
664
W-3 352
"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 Guard, at the applicable time designated by sec. 402 of this
title, the surviving spouse's rate shall be .382.
"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 surviving spouse's rate shall
be $712.
"(b) If there is a surviving spouse with one or more children below
the age of eighteen of a deceased veteran, the dependency and indemnity
compensation paid monthly to the surviving spouse shall be increased by
$31 for each such child.
"(c) The monthly rate of dependency and indemnity compensation
payable to a surviving spouse shall be increased by $78 if the spouse is
(1) a patient in a nursing home or (2) helpless or blind, or so nearly
helpless or blind as to need or require the regular aid and attendance
of another person.".
Sec. 202. Section 413 of title 38, United States Code, is amended to
read as follows:
" Whenever there is no surviving spouse 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, $131;
"(2) two children, $189;
"(3) three children, $243; and
"(4) more than three children, $243, plus $49 for each child in
excess of three.".
Sec. 203. Section 414 of title 38, United States Code, is amended--,
(1) by striking out in subsection (a) "$72" and inserting in
lieu thereof "$78";
(2) by striking out in subsection (b) "$121" and inserting in
lieu thereof "$131"; and
(3) by striking out in subsection (c) "$62" and inserting in
lieu thereof "$67".
Sec. 204. (a) 38 USC 410 note. 38 USC 401. The Administrator shall
carry out a thorough and detailed study of the dependency and indemnity
compensation program authorized under chapter 13 of this title and of
its beneficiaries to measure and evaluate the adequacy of benefits
provided under this program and to determine whether, or to what extent,
benefits should be based on the military pay grade of the person upon
whose death entitlement is predicated.
(b) The report of such study shall include such full statistical data
as may be obtained concerning surviving spouses and dependents in
receipt of dependency and indemnity compensation other than under
section 415 of title 38, United States Code, and in each instance the
data shall include a breakdown of the distribution of the surviving
spouses and dependents amongst the pay grade levels set forth in section
411(a) of title 38, United States Code. Data concerning such surviving
spouses and dependents shall include (1) full statistical information
concerning the number and ages of surviving spouses and dependents, the
number of surviving spouses that remarry, the number of surviving
spouses with dependents, and the number of surviving spouses in receipt
of aid and attendance; (2) full statistical information concerning the
number of surviving spouses and the number of dependents in receipt of
old-age, survivors, and disability insurance (OASDI) cash benefits and
the amount and type thereof, the number of surviving spouses and the
number of dependents in receipt of other Federal or State assistance and
the amount and type thereof, the number or surviving spouses in receipt
of State survivor benefits and the amount and type thereof to include a
breakdown by State, and the number of surviving spouses who work and
their earnings therefrom; (3) full statistical information concerning
the educational attainment of the survivor's deceased spouse; and (4)
full statistical information concerning those surviving spouses whose
veteran spouse was in receipt of disability compensation pursuant to
chapter 11 of title 38, 38 USC 301. prior to death and the rating of
disability thereof.
(c) The report together with such comments and recommendations by the
Administrator for improving the program as are appropriate shall be
submitted to the Congress and the President not later than October 1,
1977.
TITLE III- OTHER DISABLED VETERANS PROGRAM IMPROVEMENTS
Sec. 301. Section 362 of title 38, United States Code, is amended by
striking out "$175" and inserting in lieu thereof "$190".
Sec. 302. Section 806 of title 38, United States Code, is amended by
striking out in subsection (c) "$30,000," and inserting in lieu thereof
"$40,000,".
Sec. 303. Section 1901 of title 38, United States Code, is
amended--,
(1) by striking out in paragraph (1) before the colon at the
end of clause (A) "during World War II or thereafter" and
inserting in lieu thereof "on or after September 16, 1940"; and
(2) by striking out in paragraph (1) before the period at the
end of clause (B) "during World War II or thereafter" and
inserting in lieu thereof "on or after September 16, 1940".
Sec. 304. (a) Chapter 23 of title 38, United States Code, is amended
by adding at the end thereof the following new section:
" Sec. 908.
38 USC 908.
Transportation of deceased veteran to a national
cemetary
" Where a veteran dies as the result of a service-connected
disability, or is in receipt of (but for the receipt of retirement pay
or pension under this title would have been entitled to) disability
compensation, the Administrator may pay, in addition to any amount paid
pursuant to section 902 or 907 of this title, the cost of transportation
of the deceased veteran for burial in a national cemetery. Such payment
shall not exceed the cost of transportation to the national cemetary
nearest the veteran's last place of residence in which burial space is
available.".
(b) The table of sections at the beginning of such chapter is amended
by adding at the end thereof the following:
"908. Transportation of deceased veterans to a national
cemetery.".
TITLE IV-- MISCELLANEOUS AND TECHNICAL AMENDMENTS AND EFFECTIVE DATE
PROVISIONS
Sec. 401. Chapter 11 of title 38, United States Code, 38 USC 301.
is amended--,
(1) by striking out in the table of sections at the beginning
of such chapter 11
"356. Minimum rating for arrested tuberculosis.";
(2) by striking out in paragraph (3) of section 301 " Leprosy"
and inserting in lieu thereof " Hansen's disease";
(3) by striking out in paragraph (4) of section 301 " Leprosy",
and by inserting in paragraph (4) of such section " Hansen's
disease" between " Filiariasis" and " Leishmaniasis, including
kala-azar";
(4) by striking out in clause (o) of section 314 "in
combination with total blindness with 5/200 visual acuity or
less,"; and
(5) by striking out in clause (r) of section 314 "3203(f)" and
inserting in lieu thereof "3203(e)".
Sec. 402. Section 3012(b) of title 38, United States Code, is
amended--,
(1) by inserting in clause (2) "annulment," immediately before
"divorce" each time it appears; and
(2) by striking out in clause (9) "his" and inserting in lieu
thereof "the beneficiary's".
Sec. 403. 38 USC 301 note. (a) The Administrator of Veterans'
Affairs shall conduct a scientific study to determine if there is a
casual relationship between the amputation of an extremity and the
subsequent development of cardiovascular disorders.
(b) The report of the study shall include (1) a comprehensive review
and professional analysis of the literature covering other such studies
conducted or underway of such relationship; and (2) an analysis of
statistically valid samples of disability claims of veterans having
service-connected extremity amputation matched by age, sex and war
period with nonamputee veterans.
(c) 38 USC 301. The report, together with such comments and
recommendations as the Administrator deems appropriate, shall be
submitted to the Speaker of the House and the President of the Senate
not later than June 30, 1977.
Sec. 404. Chapter 11 of title 38, United States Code, is further
amended--,
(1) by striking out in clauses (A) and (B) of section 301(2)
"him" and inserting in lieu thereof "such veteran";
(2) by striking out in section 302(a) "widow of a veteran under
this chapter unless she was married to him" and inserting in lieu
thereof "surviving spouse of a veteran under this chapter unless
such surviving spouse was married to such veteran";
(3) by striking out in section 302(b) "widow" each time it
appears and inserting in lieu thereof "surviving spouse";
(4) by striking out in the catchline of section 302 "widows"
and inserting in lieu thereof "surviving spouses";
(5) by striking out in the table of sections at the beginning
of such chapter 11.
"302. Special provisions relating to widows."
and inserting in lieu thereof
"302. Special provisions relating to surviving
spouses.";
(6) by striking out in clauses (m) and (o) of section 314 "him"
and inserting in lieu thereof "such veteran";
(7) by striking out in section 314(p) ", in his
discretion,";
(8) by striking out in clauses (r) and (s) of section 314 "he"
and "his" each time they appear and inserting in lieu thereof
"such veteran" and "such veteran's", respectively;
(9) by striking out in clauses (A), (B), (C), (D), (E), (F),
and (G) of section 315(1) "wife" each time it appears and
inserting in lieu thereof "spouse";
(10) by striking out in section 315(1)(H) "mother or father,
either or both dependent upon him" and inserting in lieu thereof
"parent dependent upon such veteran";
(11) by striking out in section 315(2) "his";
(12) by striking out in section 321 "widow" and inserting in
lieu thereof "spouse";
(13) by striking out in paragraphs (1) and (2) of section 322(
a) " Widow" and inserting in lieu thereof " Surviving spouse";
(14) by striking out in paragraphs (3), (4), and (5) of section
322(a) "widow" and inserting in lieu thereof "surviving spouse";
(15) by striking out in section 322(a)(6) "mother or father"
and inserting in lieu thereof "parent";
(16) by striking out in section 322(a)(7)
38 USC 322.
" Dependent mother and father" and inserting in lieu thereof "
Both dependent parents";
(17) by striking out in section 322(b) "widow" and inserting in
lieu thereof "surviving spouse";
(18) by striking out in section 341 "widow" and inserting in
lieu thereof "spouse";
(19) by striking out in section 351 "him", and by striking out
in such section "his" and inserting in lieu thereof "such
veteran's";
(20) by striking out in section 354(a) "his" and "he" each time
they appear and inserting in lieu thereof "such veteran's" and
"such veteran", respectively;
(21) by striking out in section 358 ", in his discretion,", and
by striking out in such section "his wife" and "a wife" and
inserting in lieu thereof "such veteran's spouse" and "such
spouse", respectively;
(22) by striking out in section 360 "his" each time it appears
and inserting in lieu thereof "such veteran's";
(23) by striking out in section 361 "his" and inserting in lieu
thereof "such former member's"; and
(24) by striking out in section 362 "he" and inserting in lieu
thereof "the Administrator".
Sec. 405. Chapter 13 of title 38, United States Code, 38 USC 401.
is amended--,
(1) by striking out in subsections (a) and (b) of section 402
"his" and "he" each time they appear and inserting in lieu thereof
"such veteran's" and "such veteran", respectively;
(2) by striking out in subsectsions (c) and (d) of section 402
"he" and "his widow" and inserting in lieu thereof "such veteran"
and "such veteran's surviving spouse", respectively;
(3) by striking out in section 402(e) "his" and "he" each time
they appear and inserting in lieu thereof "such person's" and
"such person", respectively;
(4) by striking out in section 404 "widow", "she", and "him",
and inserting in lieu thereof "surviving spouse", "such surviving
spouse", and "such veteran", respectively;
(5) by striking out in the catchline of section 404 "widows"
and inserting in lieu thereof "surviving spouses";
(6) by striking out in the table of sections at the beginning
of such chapter 13
"404. Special provisions relating to widows."
and inserting in lieu thereof
"404. Special provisions relating to surviving
spouses.";
(7) by striking out in subsections (a) and (b) of section 410
"his widow", "widow", "he", and "his" and inserting in lieu
thereof "such veteran's surviving spouse", "surviving spouse",
"such veteran", and "such veteran's", respectively;
(8) by striking out in the table of sections at the beginning
of such chapter 13
"411. Dependency and indemnity compensation to a widow."
and inserting in lieu thereof
"411. Dependency and indemnity compensation to a
surviving spouse.";
(9) by striking out in subsections (a) and (b) of section 412
"his", "he", and "widow" each time they appear and inserting in
lieu thereof "such veteran's", "such veteran", and "surviving
spouse", respectively;
(10) by striking out in subsections (a), (b), and (c) of
section 414 "him", "woman", "widow", and "her deceased husband"
each time they appear and inserting in lieu thereof "such child",
"person", "surviving spouse", and "such person's deceased spouse",
respectively;
(11) by striking out in paragraphs (1) and (2) of section 416(
a) "widow" and "his" and inserting in lieu thereof "surviving
spouse" and "such person's", respectively;
(12) by striking out in section 416(b)(1) "widow" and "her" and
inserting in lieu thereof "surviving spouse" and "such surviving
spouse", respectively;
(13) by striking out in section 416(c) "him" and inserting in
lieu thereof "such child";
(14) by striking out in section 416(d) "him" each time it
appears and inserting in lieu thereof "such parent";
(15) by striking out in section 416(e)(1) "he" and "his" and
inserting in lieu thereof "such person" and "such beneficiary's",
respectively;
(16) by striking out in section 416(e)(3) "his" and "he" and
inserting in lieu thereof "such child's" and "the Administrator",
respectively;
(17) by striking out in section 421 "him" and inserting in lieu
thereof "the Administrator";
(18) by striking out in section 422(a) "his" and "him" and
inserting in lieu thereof "such veteran's" and "such Secretary",
respectively; and
(19) by striking out in section 423 "him" and "he" each time
they appear and inserting in lieu thereof "the Administrator".
Sec. 406. 38 USC 301 note. The provisions of this Act shall become
effective on October 1, 1976.
Approved September 30, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1270 (Comm. on Veterans' Affairs).
SENATE REPORT No. 94 - 1226 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976): June 21, considered and
passed House. Sept. 20, considered and passed Senate, amended. Sept.
21, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept.
30, Presidential statement.
PUBLIC LAW 94-432, 90 STAT, 1369
94th Congress, H.R. 14298
September 30, 1976
An Act
To amend title 38 of the United States Code to increase the rates of
disability and death pension and to increase the rates of dependency and
indemnity compensation for parents, 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 " Veterans and Survivors Pension Adjustment Act of 1976".
38 USC 101 note.
TITLE I--EXTENSION OF CERTAIN INTERIM ADJUSTMENTS OF PENSION AND OF
DEPENDENCY AND INDEMNITY COMPENSATION RATES UNTIL JANUARY 1, 1977
Sec. 101. 38 USC 521 notes, 541 note, 542 note, 544 note, 521 notes,
415 note, 322 note. Sections 102, 103, 104, 105, 107, 201, and 202 of
Public Law 94 - 169 (89 Stat. 1014) are each amended by striking out
"for the period beginning January 1, 1976, and ending September 30,
1976" and inserting in lieu thereof " January 1, 1976".
TITLE II-- VETERANS' AND SURVIVORS' PENSIONS
Sec. 201. 38 USC 521 note. Section 502(a) of title 38, United
States Code, is amended by inserting immediately after "or older" the
following: "or became unemployable after age 65,".
Sec. 202. Section 521 of title 38, United States Code, is amended--,
(1) by amending the table in section (b)(1) to read as follows:
For each $1 of annual income
" The monthly rate of pension
shall be $185 reduced by-- Which is more than-- But not more than
$0.00 0 $300
.03 $300 500
.04 500 700
.05 700 900
.06 900 1,500
.07 1,500 1,800
.08 1,800 3,540";
(2) by striking out "$3,300" in subsection (b) (3) and
inserting in lieu thereof "$3,540".
(3) by amending the table in subsection (c) (1) to read as
follows:
" The monthly rate of pension
for a veteran shall be--,
$199 if he or she has one For each $1 annual income
dependent; $204 if he or she
has two dependents; and
$209 if he or she has three or
more dependents; reduced
by--, Which is more than-- But not more than-
$0.00 0 $500
.02 $500 700
.03 700 1,100
.04 1,100 2,400
.05 2,400 3,100
.06 3,100 3,500
.07 3,500 3,700
.08 3,700 4,760";
(4) by striking out "$4,500" in subsection (c)(3)
38 USC 521 note.
and inserting in lieu thereof "$4,760";
(5) by amending subsection (d) to read as follows:
"(d)(1) If the veteran is in need of regular aid and attendance, the
monthly rate payable to such veteran under subsection (b) or (c) shall
be increased by $155.
"(2) In any case in which--,
"(A) any veteran is denied pension under subsection (b) or (c) of
this section solely for the reason that his annual income exceeds the
maximum income limitation set forth in such subsection, or
"(B) payment of pension to any veteran under such subsection (b) or
(c) is discontinued for such reason, and such veteran is in need of aid
and attendance, such veteran shall be entitled to a monthly rate of $155
reduced by 16.6 per centum for each $100, or portion thereof, by which
the veteran's annual income exceeds the applicable maximum annual income
limitation; but no monthly rate shall be payable under this paragraph
if the veteran's annual income exceeds such limitation by more than
$500.".
(6) by striking out "$53" in subsection (e) and inserting in
lieu thereof "$57"; and
(7) by adding at the end thereof the following new
paragraph:
"(h) The rate of pension payable to any veteran receiving benefits
under subsections (b), (c), (d), and (e) of this section shall be
increased by 25 per centum beginning on the first day of the month
during which the veteran attains age 78.".
Sec. 203. Section 541 of title 38, United States Code, 38 USC 541
note. is amended--,
(1) by amending the table in subsection (b)(1) to read as
follows:
" The monthly rate of pension For each $1 of annual income
shall be $125 reduced by-- Which is more than-- But not more than-
$0.00 0 $300
.01 $300 600
.03 600 900
.04 900 1,200
.05 1,200 2,300
.06 2,300 3,540";
(2) by striking out "$3,300" in subsection (b)(3) and inserting
in lieu thereof "$3,540";
(3) by amending the table in subsection (c)(1) to read as
follows:
" The monthly rate of pension For each $1 of annual income
shall be $149 reduced by-- Which is more than-- But not more than-
$0.00 0 $700
.01 $700 1,100
.02 1,100 1,700
.03 1,700 2,500
.04 2,500 3,300
.05 3,300 4,760";
(4) by striking out "$4,500" in subsection (c)(2) and inserting
in lieu thereof "$4,760"; and
(5) by striking out "$22" in subsection (d) and inserting in
lieu thereof "$24".
Sec. 204. Section 542 of title 38, United States Code, is amended--,
(1) by striking out "$53" and "$22" in subsection (a) and
inserting in lieu thereof "$57" and "$24", respectively; and
(2) by striking out "$2,700" in subsection (c) and inserting in
lieu thereof "$2,890".
Sec. 205. Section 544 of title 38, United States Code, is amended by
striking out "$69" and inserting in lieu thereof "$74".
Sec. 206. Section 4 of Public Law 90 - 275 (82 Stat. 68) 38 USC 521
note. is amended to read as follows:
" Sec. 4. The annual income limitations governing payment of pension
under the first sentence of section 9(b) of the Veterans' Pension Act of
1959 38 USC 521 note. hereafter shall be $3,100 and $4,460 instead of
$2,900 and $4,200, respectively.".
TITLE III-- DEPENDENCY AND INDEMNITY COMPENSATION FOR PARENTS
Sec. 301. Section 415 of title 38, United States Code, 38 USC 415
note. is amended--,
(1) by amending the table in subsection (b)(1) to read as
follows:
" The monthly rate of For each $1 of annual income
dependency
and indemnity compensation
shall be $142 reduced Which is more than--But not more than--
by--,
$0.00 0 $800
.03 $800 1,000
.04 1,000 1,200
.05 1,200 1,400
.06 1,400 1,600
.08 1,600 3,540";
(2) by striking out "$3,300" in subsection (b)(3) and inserting
in lieu thereof "$3,540";
(3) by amending the table in subsection (c)(1) to read as
follows:
" The monthly rate of For each $1 of annual income of
dependency such parent
and indemnity compensation
shall be $100 reduced Which is more than--But not more than--
by--,
$0.00 0 $800
.02 $800 1,100
.04 1,100 1,300
.05 1,300 2,300
.06 2,300 3,540";
(4) by striking out "$3,300" in subsection (c)(3) and inserting
in lieu thereof "$3,540";
(5) by amending the table in subsection (d)(1) to read as
follows:
" The monthly rate of For each $1 of the total combined
dependency annual income
and indemnity
compensation shall be $96 Which is more than--But not more than--
reduced by--,
$0.00 0 $1,000
.02 $1,000 2,100
.03 2,100 3,100
.04 3,100 3,800
.05 3,800 4,760";
(6) by striking out "$4,500" in subsection (d)(3)
38 USC 415 note.
and inserting in lieu thereof "$4,760"; and
(7) by striking out "$69" in subsection (h) and inserting in
lieu thereof "$74".
TITLE IV-- MISCELLANEOUS AND EFFECTIVE DATE PROVISIONS
Sec. 401. Section 322(b) of title 38, United States Code, is amended
by striking out "$69" and inserting in lieu thereof "$74".
Sec. 402. Subsection 102(a)(2) of title 38, United States Code, is
amended to read as follows:
"(2) Dependency of a parent shall not be denied (A) solely because of
remarriage, or (B) in any case in any State where the monthly income for
a mother or father does not exceed minimum levels which the
Administrator shall prescribe by regulation, giving due regard to the
marital status of the mother or father and additional members of the
family whom the mother or father is under a moral or legal obligation to
support.".
Sec. 403. Chapter 51 of title 38, United States Code, is 38 USC 3001
et seq. amended as follows:
(1) the analysis of subchapter I is amended by adding at the
end the following:
"3006. Furnishing of information by other agencies.";
and
(2) subchapter I is amended by adding at the end thereof the
following new section:
" Sec. 3006.
38 USC 3006.
Furnishing of information by other agencies
" The head of any Federal department or agency shall provide such
information to the Administrator as he may request for purposes of
determining eligibility for or amount of benefits, or verifying other
information with respect thereto.".
Sec. 404. 38 USC 501 note. 38 USC 501 et seq. (a) The Congress
finds and declares that the pension program for nonservice-connected
disability or death, authorized in chapter 15 or title 38, United States
Code, and administered by the Veterans' Administration--,
(1) does not provide sufficient assistance to meet the needs of
some eligible veterans and survivors;
(2) has developed some inconsistencies, inequities, and
anomalies which prevent it from operating in the most efficient
and equitable manner; and
(3) subjects many pensioners annually to reductions in their
pensions.
The Congress further finds and declares that it lacks sufficient
longrange information as to actual and anticipated financial
characteristics of potential pensioners (and their families) upon which
to estimate costs of existing alternative pension programs.
(b) No later than October 1, 1977, the Administrator of Veterans'
Affairs shall submit a report to Congress and the President. The report
shall contain the findings and recommendations of a comprehensive
investigation, analysis, and evaluation of existing and alternative
nonservice-connected pension programs, and shall include, but not be
limited to, the following:
(1) Income characteristics of veterans and survivors currently
in receipt of nonservice-connected pension.
(2) Actual and anticipated long-term financial characteristics
of pensioners including those veterans and survivors (and their
families) who may be potentially eligible for benefits under the
nonservice-connected pension program during the next 25 years.
(3) Identification and analysis of existing inequities,
anomalies, and inconsistencies contained in the current
nonservice-connected pension program.
(4) Current and proposed income exclusions.
(5) Particular problems and needs of catastrophically disabled
nonservice-connected pensioners.
(6) Alternative proposals which--,
(A) assure a level of income for eligible veterans at or above
the national minimum standard of need;
(B) treat similarly circumstanced pensioners alike; and
(C) provide the greatest amount of assistance to those with the
greatest amount of need.
(c) On the basis of the investigation, analysis, and evaluation
required to be made in subsection (b), the report shall identify
alternative courses of legislative or administrative action (including
proposed legislation) and long-range cost estimates therefor which, in
the judgment of the Administrator, would result in a more equitable
nonservice-connected pension program.
Sec. 405. (a) The provisions of this Act, other than titles II and
III and section 401, shall take effect on the date of the enactment of
this Act.
(b) Titles II and III and section 401 of this Act shall take effect
January 1, 1977.
Approved September 30, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1269 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976): June 21, considered and
passed House. Aug. 4, considered and passed Senate, amended. Sept. 9,
House concurred in Senate amendment with an amendment. Sept. 20, Senate
concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept.
30, Presidential statement.
PUBLIC LAW 94-431, 90 STAT, 1349
94th Congress, H.R. 14846
September 30, 1976
An Act
To authorize certain construction at military installations, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--ARMY
Sec. 101. The Secretary of the Army may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Inside the United States
UNITED STATES ARMY FORCES COMMAND
Fort Bragg, North Carolina, $33,293,000.
Fort Campbell, Kentucky, $65,387,000.
Fort Carson, Colorado, $10,589,000.
Fort Drum, New York, $7,114,000.
Fort Greely, Alaska, $2,854,000.
Fort Hood, Texas, $20,033,000.
Fort Lewis, Washington, $2,114,000.
Fort George G. Meade, Maryland, $1,142,000.
Fort Ord, California, $14,453,000.
Fort Polk, Louisiana, $47,613,000.
Fort Riley, Kansas, $5,694,000.
Fort Stewart/ Hunter Army Air Field, Georgia, $39,634,000.
Fort Wainwright, Alaska, $17,163,000.
UNITED STATES ARMY TRAINING AND DOCTRINE COMMAND
Fort Belvoir, Virginia, $6,052,000.
Fort Benning, Georgia, $10,394,000.
Fort Bliss, Texas, $3,856,000.
Fort Eustis, Virginia, $3,016,000.
Fort Gordon, Georgia, $2,224,000.
Fort Benjamin Harrison, Indiana, $987,000.
Fort Knox, Kentucky, $10,379,000.
Fort Leavenworth, Kansas, $190,000.
Fort Lee, Virginia, $1,115,000.
Fort Rucker, Alabama, $1,841,000.
Fort Sill, Oklahoma, $1,181,000.
Fort Leonard Wood, Missouri, $15,249,000.
UNITED STATES ARMY MILITARY DISTRICT OF WASHINGTON
Fort Mc Nair, District of Columbia, $722,000.
UNITED STATES ARMY MATERIEL COMMAND
Aberdeen Proving Ground, Maryland, $726,000.
Detroit Arsenal, Michigan, $340,000.
Kansas Army Ammunition Plant, Kansas, $493,000.
Letterkenny Army Depot, Pennsylvania, $8,357,000.
Fort Monmouth, New Jersey, $495,000.
Natick Laboratories, Massachusetts, $118,000.
Picatinny Arsenal, New Jersey, $560,000.
Pine Bluff Arsenal, Arkansas, $6,934,000.
Pueblo Army Depot, Colorado, $417,000.
Radford Army Ammunition Plant, Virginia, $25,663,000.
Redstone Arsenal, Alabama, $1,126,000.
Scranton Army Ammunition Plant, Pennsylvania, $162,000.
Seneca Army Depot, New York, $421,000.
Sharpe Army Depot, California, $551,000.
Sierra Army Depot, California, $1,489,000.
Tooele Army Depot, Utah, $2,572,000.
USA Fuel Lubrication Research Laboratory, Texas, $469,000.
Watervliet Arsenal, New York, $3,383,000.
White Sands Missile Range, New Mexico, $349,000.
Woodbridge Research Facility, Virginia, $2,130,000.
Yuma Proving Ground, Arizona, $6,978,000.
AMMUNITION FACILITIES
Holston Army Ammunition Plant, Tennessee, $1,118,000.
Indiana Army Ammunition Plant, Indiana, $6,758,000.
Lone Star Army Ammunition Plant, Texas, $116,000.
Longhorn Army Ammunition Plant, Texas, $86,000.
Milan Army Ammunition Plant, Tennessee, $512,000.
Radford Army Ammunition Plant, Virginia, $387,000.
Sunflower Army Ammunition Plant, Kansas, $15,238,000.
Volunteer Army Ammunition Plant, Tennessee, $285,000.
UNITED STATES MILITARY ACADEMY
United States Military Academy, West Point, New York, $2,857,000.
UNITED STATES ARMY HEALTH SERVICES COMMAND
Fitzsimmons Army Medical Center, Colorado, $244,000.
Walter Reed Army Medical Center, District of Columbia, $1,108,000.
UNITED STATES ARMY MILITARY TRAFFIC COMMAND
Sunny Point Army Terminal, North Carolina, $531,000.
NUCLEAR WEAPONS SECURITY
Various locations, $2,575,000.
Outside the United States
EIGHTH UNITED STATES ARMY, KOREA
Various locations, $13,669,000.
UNITED STATES ARMY, JAPAN
Okinawa, $124,000.
UNITED STATES ARMY SECURITY AGENCY
Various locations, $4,480,000.
UNITED STATES ARMY, EUROPE
Germany, various locations, $15,907,000.
Italy, various locations, $1,088,000.
Various locations: For the United States share of the cost of
multilateral programs for the acquisition or construction of military
facilities and installations, including international military
headquarters, for the collective defense of the North Atlantic Treaty
Area, $80,000,000. Within thirty days after the end of each quarter,
the Secretary of the Army shall furnish to the Committees on Armed
Services and on Appropriations of the Senate and House of
Representatives a description of obligations incurred as the United
States share of such multilateral programs.
NUCLEAR WEAPONS SECURITY
Various locations, $49,393,000.
EMERGENCY CONSTRUCTION
Sec. 102. The Secretary of the Army may establish or develop Army
installations and facilities by proceeding with construction made
necessary by changes in Army missions and responsibilities which have
been occasioned by (1) unforeseen security considerations, (2) new
weapons developments, (3) new and unforeseen research and development
requirements, or (4) improved production schedules, if the Secretary of
Defense determines that deferral of such construction for inclusion in
the next Military Construction Authorization Act would be inconsistent
with interests of national security and, in connection therewith, may
acquire, construct, convert, rehabilitate, or install permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities and equipment in the total amount of
$10,000,000. The Secretary of the Army, or his designee, shall notify
the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public work undertaken
under this section, including those real estate actions pertaining
thereto. This authorization will expire upon the date of enactment of
the Military Construction Authorization Act for fiscal year 1978 except
for those public works projects concerning which the Committees on Armed
Services of the Senate and House of Representatives have been notified
pursuant to this section prior to such date.
TITLE II- NAVY
Sec. 201. The Secretary of the Navy may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Inside the United States
TRIDENT FACILITIES
Various locations, $92,278,000.
MARINE CORPS
Marine Corps Supply Center, Albany, Georgia, $1,965,000.
Marine Corps Base, Camp Lejeune, North Carolina, $22,001,000.
Marine Corps Base, Camp Pendleton, California, $12,720,000.
Marine Corps Air Station, Cherry Point, North Carolina, $526,000.
Marine Corps Air Station, Kaneohe Bay, Hawaii, $1,900,000.
Fleet Marine Force Atlantic, Norfolk, Virginia, $799,000.
Headquarters, Fleet Marine Force Pacific, Camp Smith, Oahu, Hawaii,
$1,046,000.
Marine Corps Recruit Depot, Paris Island, South Carolina, $4,499,000.
Marine Corps Development and Education Command, Quantico, Virginia,
$532,000.
Marine Corps Air Station, Yuma, Arizona, $940,000.
CHIEF OF NAVAL OPERATIONS
Naval Support Activity, Brooklyn, New York, $491,000.
Naval Support Activity, New Orleans, Louisiana, $1,400,000.
Commander in Chief Pacific, Pearl Harbor, Hawaii, $4,300,000.
Naval Support Activity, Philadelphia, Pennsylvania, $201,000.
Naval Support Activity, Seattle, Washington, $667,000.
Headquarters Naval District Washington, Washington, District of
Columbia, $1,300,000.
COMMANDER IN CHIEF, ATLANTIC FLEET
Naval Air Station, Cecil Field, Florida, $272,000.
Oceanographic System Atlantic, Dam Neck, Virginia, $8,048,000.
Naval Air Station, Jacksonville, Florida, $6,101,000.
Naval Station, Mayport, Florida, $1,674,000.
Naval Submarine Base, New London, Connecticut, $300,000.
Flag Administrative Unit, Atlantic, Norfolk, Virginia, $223,000.
Naval Station, Norfolk, Virginia, $24,246,000.
Naval Air Station, Oceana, Virginia, $14,457,000.
COMMANDER IN CHIEF, PACIFIC FLEET
Naval Station, Adak, Alaska, $1,418,000.
Naval Air Station, Barbers Point, Hawaii, $12,836,000.
Naval Air Station, Fallon, Nevada, $2,376,000.
Naval Air Station, Miramar, California, $4,958,000.
Naval Air Station, Moffett Field, California, $896,000.
Naval Air Station, North Island, California, $11,720,000.
Naval Station, Pearl Harbor, Hawaii, $4,051,000.
Naval Submarine Base, Pearl Harbor, Hawaii, $975,000.
Naval Facility, Point Sur, California, $160,000.
Naval Station, San Diego, California, $8,386,000.
Naval Air Station, Whidbey Island, Washington, $1,055,000.
NAVAL EDUCATION AND TRAINING
Naval Academy, Annapolis, Maryland, $1,639,000.
Naval Supply Corps School, Athens, Georgia, $670,000.
Navy Fleet Ballistic Missile Submarine Training Center, Charleston,
South Carolina, $2,504,000.
Naval Air Station, Memphis, Tennessee, $1,871,000.
Naval Submarine School, New London, Connecticut, $672,000.
Naval Education and Training Center, Newport, Rhode Island, $490,000.
Naval School of Diving and Salvage, Panama City, Florida,
$10,800,000.
Naval Air Station, Pensacola, Florida, $1,546,000.
Naval Technical Training Center, Corry Station, Pensacola, Florida,
$900,000.
Naval Submarine Training Center, San Diego, California, $3,520,000.
Naval Training Center, San Diego, California, $5,455,000.
Naval Air Station, Whiting Field, Florida, $1,208,000.
BUREAU OF MEDICINE AND SURGERY
Naval Regional Medical Center, Jacksonville, Florida, $7,393,000.
Portsmouth Naval Regional Medical Clinic, Kittery, Maine, $4,058,000.
Naval Regional Dental Center, Newport, Rhode Island, $1,975,000.
Naval Hospital, Orlando, Florida, $23,850,000.
Navy Environmental and Preventive Medicine Unit No. 6, Pearl Harbor,
Hawaii, $283,000.
Naval Regional Dental Center, San Diego, California, $2,501,000.
Navy Environmental and Preventive Medicine Unit No. 5, San Diego,
California, $1,270,000.
CHIEF OF NAVAL MATERIAL
Naval Air Rework Facility, Alameda, California, $1,191,000.
Puget Sound Naval Shipyard, Bremerton, Washington, $10,876,000.
Charleston Naval Shipyard, Charleston, South Carolina, $11,256,000.
Naval Weapons Station, Charleston, South Carolina, $8,796,000.
Polaris Missile Facility, Atlantic, Charleston, South Carolina,
$2,315,000.
Naval Weapons Center, China Lake, California, $950,000.
Naval Weapons Support Center, Crane, Indiana, $988,000.
Naval Weapons Station, Earle, New Jersey, $2,835,000.
National Parachute Test Range, El Centro, California, $732,000.
Naval Air Facility, El Centro, California, $3,500,000.
Naval Construction Battalion Center, Gulfport, Mississippi,
$4,551,000.
Naval Ordnance Station, Indian Head, Maryland, $383,000.
Naval Torpedo Station, Keyport, Washington, $2,145,000.
Portsmouth Naval Shipyard, Kittery, Maine, $12,789,000.
Naval Air Station, Lakehurst, New Jersey, $117,000.
Long Beach Naval Shipyard, Long Beach, California, $3,981,000.
Navy Ships Parts Control Center, Mechanicsburg, Pennsylvania,
$135,000.
Navy Public Works Center, Norfolk, Virginia, $454,000.
Naval Air Test Center, Patuxent River, Maryland, $2,701,000.
Pearl Harbor Naval Shipyard, Pearl Harbor, Hawaii, $11,985,000.
Naval Air Rework Facility, Pensacola, Florida, $7,784,000.
Navy Public Works Center, Pensacola, Florida, $95,000.
Navy Aviation Supply Office, Philadelphia, Pennsylvania, $629,000.
Philadelphia Naval Shipyard, Philadelphia, Pennsylvania, $4,607,000.
Pacific Missile Test Center, Point Mugu, California, $3,087,000.
Naval Construction Battalion Center, Port Hueneme, California,
$183,000.
Norfolk Naval Shipyard, Portsmouth, Virginia, $5,909,000.
Naval Undersea Center, San Diego, California, $811,000.
Navy Public Works Center, San Francisco, California, $190,000.
Mare Island Naval Shipyard, Vallejo, California, $9,302,000.
OCEANOGRAPHER OF THE NAVY
Naval Oceanographic Center, Bay Saint Louis, Mississippi, $7,400,000.
NUCLEAR WEAPONS SECURITY
Various locations, $34,581,000.
Outside the United States
COMMANDER IN CHIEF, ATLANTIC FLEET
Naval Station, Keflavik, Iceland, $6,009,000.
Naval Station, Roosevelt Roads, Puerto Rico, $4,160,000.
COMMANDER IN CHIEF, PACIFIC FLEET
Naval Magazine, Guam, Mariana Islands, $1,861,000.
NAVAL TELECOMMUNICATIONS COMMAND
Classified location, $1,832,000.
NAVAL SECURITY GROUP COMMAND
Naval Security Group Activity, Keflavik, Iceland, $3,000,000.
NUCLEAR WEAPONS SECURITY
Various locations, $2,494,000.
EMERGENCY CONSTRUCTION
Sec. 202. The Secretary of the Navy may establish or develop Navy
installations and facilities by proceeding with construction made
necessary by changes in Navy missions and responsibilities which have
been occasioned by (1) unforeseen security considerations, (2) new
weapons developments, (3) new and unforeseen research and development
requirements, or (4) improved production schedules, if the Secretary of
Defense determines that deferral of such construction for inclusion in
the next Military Construction Authorization Act would be inconsistent
with interests of national security and, in connection therewith, may
acquire, construct, convert, rehabilitate, or install permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment, in the total amount of
$10,000,000. The Secretary of the Navy, or his designee, shall notify
the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a decision to implement, of
the cost of construction of any public work undertaken under this
section, including those real estate actions pertaining thereto. This
authorization will expire upon the date of enactment of the Military
Construction Authorization Act for fiscal year 1978 except for those
public works projects concerning which the Committees on Armed Services
of the Senate and House of Representatives have been notified pursuant
to this section prior to such date.
DEFICIENCY AUTHORIZATIONS
Sec. 203. Public Law 93 - 166, as amended, is amended by striking
out in clause (2) of section 602 87 Stat. 679. "$549,849,000" and
"608,682,000" and inserting in place thereof "$560,849,000" and
"$619,682,000", respectively.
TITLE III-- AIR FORCE
Sec. 301. The Secretary of the Air Force may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment, for the following acquisition and
construction:
Inside the United States
AEROSPACE DEFENSE COMMAND
Tyndall Air Force Base, Florida, $1,720,000.
AIR FORCE LOGISTICS COMMAND
Hill Air Force Base, Utah, $16,587,000.
Kelly Air Force Base, Texas, $2,374,000.
Mc Clellan Air Force Base, California, $1,194,000.
Newark Air Force Station, Ohio, $266,000.
Robins Air Force Base, Georgia, $10,051,000.
Tinker Air Force Base, Oklahoma, $5,348,000.
Wright-Patterson Air Force Base, Ohio, $35,804,000.
AIR FORCE SYSTEMS COMMAND
Arnold Engineering Development Center, Tennessee, $439,010,000.
Eglin Air Force Base, Florida, $354,000.
Laurence G. Hanscom Air Force Base, Massachusetts, $671,000.
Patrick Air Force Base, Florida, $198,000.
Pillar Point Air Force Station, California, $450,000.
Various locations, $10,250,000.
AIR TRAINING COMMAND
Columbus Air Force Base, Mississippi, $6,467,000.
Keesler Air Force Base, Mississippi, $1,350,000.
Mather Air Force Base, California, $3,883,000.
Randolph Air Force Base, Texas, $4,927,000.
Reese Air Force Base, Texas, $250,000.
Williams Air Force Base, Arizona, $825,000.
AIR UNIVERSITY
Maxwell Air Force Base, Alabama, $123,000.
ALASKAN AIR COMMAND
Elmendorf Air Force Base, Alaska, $210,000.
Shemya Air Force Base, Alaska, $3,110,000.
Fort Yukon Air Force Station, Alaska, $448,000.
HEADQUARTERS COMMAND
Andrews Air Force Base, Maryland, $2,880,000.
Bolling Air Force Base, District of Columbia, $1,415,000.
MILITARY AIRLIFT COMMAND
Altus Air Force Base, Oklahoma, $11,377,000.
Charleston Air Force Base, South Carolina, $1,468,000.
Dover Air Force Base, Delaware, $900,000.
Little Rock Air Force Base, Arkansas, $2,305,000.
Mc Chord Air Force Base, Washington, $286,000.
Norton Air Force Base, California, $900,000.
Pope Air Force Base, North Carolina, $200,000.
Scott Air Force Base, Illinois, $90,000.
PACIFIC AIR FORCES
Hickam Air Force Base, Hawaii, $4,145,000.
STRATEGIC AIR COMMAND
Barksdale Air Force Base, Louisiana, $3,628,000.
Beale Air Force Base, California, $7,825,000.
Blytheville Air Force Base, Arkansas, $2,200,000.
Carswell Air Force Base, Texas, $732,000.
Castle Air Force Base, California, $1,270,000.
Davis-Monthan Air Force Base, Arizona, $2,192,000.
Fairchild Air Force Base, Washington, $100,000.
Grand Forks Air Force Base, North Dakota, $2,441,000.
Griffiss Air Force Base, New York, $699,000.
K.I. Sawyer Air Force Base, Michigan $270,000.
Malmstrom Air Force Base, Montana, $3,150,000.
Mc Connell Air Force Base, Kansas, $2,948,000.
Minot Air Force Base, North Dakota, $980,000.
Offutt Air Force Base, Nebraska, $38,060,000.
Plattsburgh Air Force Base, New York, $588,000.
Rickenbacker Air Force Base, Ohio, $704,000.
Vandenberg Air Force Base, California, $1,454,000.
Whiteman Air Force Base, Missouri, $133,000.
Wurtsmith Air Force Base, Michigan, $1,607,000.
TACTICAL AIR COMMAND
England Air Force Base, Louisiana, $198,000.
Holloman Air Force Base, New Mexico, $500,000.
Luke Air Force Base, Arizona, $987,000.
Mac Dill Air Force Base, Florida, $1,022,000.
Moody Air Force Base, Georgia, $5,796,000.
Myrtle Beach Air Force Base, South Carolina, $1,570,000.
Nellis Air Force Base, Nevada, $245,000.
Seymour-Johnson Air Force Base, North Carolina, $1,030,000.
East Coast Range, $7,500,000.
UNITED STATES AIR FORCE ACADEMY
United States Air Force Academy, Colorado, $354,000.
NUCLEAR WEAPONS SECURITY
Various locations, $15,523,000.
AIR INSTALLATION COMPATIBLE USE ZONES
Various locations, $2,217,000.
Outside the United States
AIR FORCE SYSTEMS COMMAND
Classified locations, $1,300,000.
STRATEGIC AIR COMMAND
Andersen Air Force Base, Guam, $4,170,000.
UNITED STATES AIR FORCES IN EUROPE
Various locations, $38,000,000.
NUCLEAR WEAPONS Security
Various locations, $13,180,000.
EMERGENCY CONSTRUCTION
Sec. 302. The Secretary of the Air Force may establish or develop
Air Force installations and facilities by proceeding with construction
made necessary by changes in Air Force missions and responsibilities
which have been occasioned by (1) unforeseen security considerations,
(2) new weapons developments, (3) new and unforeseen research and
development requirements, or (4) improved production scheldules, if the
Secretary of Defense determines the deferral of such construction for
inclusion in the next Military Construction Authorization Act would be
inconsistent with interests of national security and, in connection
therewith, may acquire, construct, convert, rehabilitate, or install
permanent or temporary public works, including land acquisition, site
preparation, appurtenances, utilities, and equipment in the total amount
of $10,000,000. The Secretary of the Air Force, or his designee, shall
notify the Committes on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public work undertaken
under this section, including those real estate actions pertaining
thereto. This authorization will expire upon the date of enactment of
the Military Construction Authorization Act for fiscal year 1978 except
for those public works projects concerning which the Committees on Armed
Services of the Senate and House of Representatives have been notified
pursuant to this section prior to such date.
TITLE IV-- DEFENSE AGENCIES
Sec. 401. The Secretary of Defense may establish or develop military
installations and facilities by acquiring, constructing, converting,
rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities
and equipment, for the following acquisition and construction:
Inside the United States
DEFENSE MAPPING AGENCY
Defense Mapping Agency Aerospace Center, Saint Louis, Missouri,
$1,023,000.
Defense Mapping Agency Topographic Center, Bethesda, Maryland,
$455,000.
DEFENSE SUPPLY AGENCY
Cameron Station, Alexandria, Virginia, $8,000,000.
Defense Construction Supply Center, Columbus, Ohio, $855,000.
Defense Electronics Supply Center, Dayton, Ohio, $130,000.
Defense Fuel Support Point, Cincinnati, Ohio, $191,000.
Defense Fuel Support Point, Lynn Haven, Florida, $1,393,000.
Defense Fuel Support Point, Melville, Newport, Rhode Island,
$225,000.
Defense General Supply Center, Richmond, Virginia, $1,624,000.
Defense Logistics Service Center, Battle Creek, Michigan, $1,862,000.
Defense Property Disposal Office, Ayer, Fort Devens, Massachusetts,
$500,000.
Defense Property Disposal Office, Duluth Air Force Base, Minnesota,
$135,000.
Defense Property Disposal Office, Groton, Connecticut, $231,000.
Defense Property Disposal Office, Gunter Air Force Base, Alabama,
$150,000.
Defense Property Disposal Office, Fort Riley, Kansas, $772,000.
Defense Property Disposal Office, Wurtsmith, Michigan, $162,000.
TERMINAL PROCUREMENT
Harrisville, Michigan, $700,000.
Verona, New York, $200,000.
NATIONAL SECURITY AGENCY
Fort George G. Meade, Maryland, $2,247,000.
Outside the United States
DEFENSE SUPPLY AGENCY
Defense Property Disposal Office, Kaiserslautern, Germany, $575,000.
Defense Property Desposal Office, Nuremberg, Germany, $649,000.
Defense Property Desposal Office, Seckenheim, Germany, $867,000.
EMERGENCY CONSTRUCTION
Sec. 402. The Secretary of Defense may establish or develop
installations and facilities which he determines to be vital to the
security of the United States and, in connection therewith, may acquire,
construct, convert, rehabilitate, or install permanent or temporary
public works, including land acquisition, site preparation
appurtenances, utilities, and equipment, in the total amount of
$10,000,000. The Secretary of Defense, or his designee, shall notify
the Committee on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public work undertaken
under this section, including real estate actions pertaining thereto.
TITLE V--MILITARY FAMILY HOUSING
AUTHORIZATION TO CONSTRUCT OR ACQUIRE HOUSING
Sec. 501. (a) The Secretary of Defense, or his designee, is
authorized to construct or acquire sole interest in existing family
housing units in the numbers and at the locations hereinafter named, but
no family housing construction shall be commenced at any such locations
in the United States until the Secretary has consulted with the
Secretary of the Department of Housing and Urban Development as to the
availability of suitable private housing at such locations. If
agreement connot be reached with respect to the availability of suitable
private housing at any location, the Secretary of Defense shall notify
the Committees on Armed Services of the Senate and the House of
Representatives, in writing, of such difference of opinion, and no
contract for construction at such location shall be entered into for a
period of thirty days after such notification has been given. This
authority shall include the authority to acquire land, and interests in
land, by gift, purchase, exchange of Government-owned land, or
otherwise.
(b) With respect to the family housing units authorized to be
constructed by this section, the Secretary of Defense is authorized to
acquire sole interest in privately owned or Department of Housing and
Urban Development held family housing units in lieu of constructing all
or a portion of the family housing authorized by this section, if he, or
his designee, determines such action to be in the best interests of the
United States; but any family housing units acquired under authority of
this subsection shall not exceed the cost limitations specified in this
section for the project nor the limitations on size specified in section
2684 of title 10, United States Code. In no case may family housing
units be acquired under this subsection through the exercise of eminent
domain authority; and in no case may family housing units other than
those authorized by this section be acquired in lieu of construction
unless the acquisition of such units is hereafter specifically
authorized by law.
(c) Family housing units:
Fort Polk, Louisiana, six hundred fifty-two units, $25,510,000.
Naval Complex, Bangor, Washington, two hundred forty-two units,
$9,375,000.
Naval Station, Keflavik, Iceland, one hundred sixty units,
$17,200,000.
Gila Bend Air Force Auxiliary Field, Arizona, forty units,
$1,676,000.
(d) Any amount specified in this section may, at the discretion of
the Secretary of Defense, or his designee, be increased by 10 per
centum, if he determines that such increase (1) is required for the sole
purpose of meeting unusual variations in cost, and (2) could not have
been reasonably anticipated at the time the request for such amount was
submitted to the Congress. The amounts authorized include the costs of
shades, screens, ranges, refrigerators, and all other installed
equipment and fixtures, the cost of the family housing unit, design,
supervision, inspection, overhead, land acquisition, site preparation,
and installation of utilities.
ALTERATIONS OF EXISTING QUARTERS
Sec. 502. The Secretary of Defense, or his designee, is authorized
to accomplish alterations, additions, expansions, or extensions, not
otherwise authorized by law, to existing public quarters at a cost not
to exceed--,
(1) for the Department of the Army, $12,000,000 for energy
conservation projects;
(2) for the Department of the Navy, $7,000,000 for energy
conservation projects; and
(3) for the Department of the Air Force, $6,890,000 for energy
conservation projects.
RENTAL QUARTERS
Sec. 503. 10 USC 2674 note. (a) Section 515 of Public Law 84 - 161
(69 Stat. 324, 352), as amended, is further amended by revising the
third sentence to read as follows: " Expenditures for the rental of
such housing facilities, including the cost of utilities and maintenance
and operation, may not exceed: For the United States (other than
Alaska, Hawaii, and Guam) and Puerto Rico, an average of $265 per month
for each military department or the amount of $450 per month for any
unit; and for Alaska, Hawaii, and Guam, an average of $335 per month
for each military department, or the amount of $450 per month for any
one unit.".
(b) Section 507(b) of Public Law 93 - 166 (87 Stat. 661, 676) is
amended by striking out "$380" and "$670" in the first sentence and
inserting in lieu thereof "$405" and $700", respectively.
SETTLEMENT OF CLAIMS
Sec. 504. Notwithstanding the provisions of any other law:
(1) The Secretary of the Navy is authorized to settle claims
regarding construction of public quarters at the Naval Station,
Charleston, South Carolina, in the amount of $1,675,000.
(2) The Secretary of the Air Force is authorized to settle
claims regarding construction of mobile home facilities at Mac
Dill Air Force Base, Florida, in the amount of $88,000, plus
interst at 8 7/8 per centum from April 23, 1975, the date of
settlement.
HOUSING, APPROPRIATIONS LIMITATIONS
Sec. 505. There is authorized to be appropriated for use by the
Secretary of Defense or, his designee, for military family housing as
authorized by law for the following purposes:
(1) For construction or acquisition of sole interest in family
housing, including demolition, authorized improvements to public
quarters, minor construction, relocation of family housing, rental
guarantee payments, and planning, an amount not to exceed
$80,576,000.
(2) For support of military family housing, including operating
expenses, leasing, maintenance of real property, payments of
principal and interest on mortgage debts incurred, payment to the
Commodity Credit Corporation, and mortgage insurance premiums
authorized under section 222 of the National Housing Act, as
amended (12 U.S.C. 1715m), an amount not to exceed $1,223,947,000.
TITLE VI-- GENERAL PROVISIONS
WAIVER OF RESTRICTIONS
Sec. 601. The Secretary of each military department may proceed to
establish or develop installations and facilities under this Act without
regard to section 3648 of the Revised Statutes, as amended (31 U.S.C.
529), and sections 4774 and 9774 of title 10, United States Code. The
authority to place permanent or temporary improvements on land includes
authority for surveys, administration, overhead, planning, and
supervision incident to construction. That authority may be exercised
before title to the land is approved under section 355 of the Revised
Statutes, as amended (40 U.S.C. 255), and even though the land is held
temporarily. The authority to acquire real estate or land includes
authority to make surveys and to acquire land, and interests in land
(including temporary use), by gift, purchase, exchange of
Government-owned land, or otherwise.
APPROPRIATIONS LIMITATIONS
Sec. 602. There are authorized to be appropriated such sums as may
be necessary for the purposes of this Act, but appropriations for public
works projects authorized by title I, II, III, IV, and V shall not
exceed--,
(1) for title I: Inside the United States, $419,837,000;
outside the United States, $164,661,000; or a total of
$584,498,000.
(2) for title II: Inside the United States, $481,580,000;
outside the United States, $19,356,000; or a total of
$500,936,000.
(3) for title III: Inside the United States, $679,759,000;
outside the United States, $56,650,000; or a total of
$736,409,000.
(4) for title IV: A total of $32,946,000.
(5) for title V: Military Family Housing, $1,304,523,000.
COST VARIATIONS
Sec. 603. (a) Except as provided in subsections (b) and (c), any
amount specified in titles I, II, III, and IV of this Act may, at the
discretion of the Secretary of the military department or Director of
the defense agency concerned, be increased by 5 per centum when inside
the United States (other than Hawaii and Alaska) and by 10 per centum
when outside the United States or in Hawaii and Alaska, if he determines
that such increase (1) is required for the sole purpose of meeting
unusual variations in cost, and (2) could not have been reasonably
anticipated at the time the request for such amount was submitted to the
Congress.
(b) When the amount named for any construction or acquisition in
title I, II, III, or IV of this Act involves only one project at any
military installation and the Secretary of the military department or
Director of the defense agency concerned determines that the amount
authorized must be increased by more than the applicable percentage
prescribed in subsection (a), he may proceed with such construction or
acquisition if the amount of the increase does not exceed by more than
25 per centum the amount named for such project by the Congress.
(c) When the Secretary of Defense determines that any amount named in
title I, II, III, or IV of this Act must be exceeded by more than the
percentages permitted in subsections (a) or (b) to accomplish authorized
construction or acquisition, the Secretary of the military department or
Director of the defense agency concerned may proceed with such
construction or acquisition after a written report of the facts relating
to the increase of such amount, including a statement of the reasons for
such increase, has been submitted to the Committees on Armed Services of
the Senate and House of Representatives, and either (1) thirty days have
elapsed from date of submission of such report, or (2) both committees
have indicated approval of such construction or acquisition.
Notwithstanding any provision to the contrary in prior military
construction authorizations Acts, the provisions of this subsection
shall apply to such prior Acts.
(d) Notwithstanding the foregoing provisions of this section, the
total cost of all construction and acquisition in each such title may
not exceed the total amount authorized to be appropriated in that title.
(e) No individual project authorized under title I, II, III, or IV of
this Act for any specifically listed military installation for which the
current working estimate is $400,000 or more may be placed under
contract if--,
(1) the approved scope of the project is reduced in excess of
25 per centum; or
(2) the current working estimate, based upon bids received, for
the construction of such project exceeds by more than 25 per
centum the amount authorized for such project by the Congress,
until a written report of the facts relating to the reduced scope
or increased cost of such project, including a statement of the
reasons for such reduction in scope or increase in cost, has been
submitted to the Committees on Armed Services of the Senate and
House of Representatives and either (A) thirty days have elapsed
from the date of submission of such report, or (B) both committees
have indicated approval of such reduction in scope or increase in
cost, as the case may be.
(f) The Secretary of Defense shall submit an annual report to the
Congress identifying each individual project which has been placed under
contract in the preceding twelve-month period and with respect to which
the then current working estimate of the Department of Defense based
upon bids received for such project exceeded the amount authorized by
the Congress for that project by more than 25 per centum. The Secretary
shall also include in such report each individual project with respect
to which the scope was reduced by more than 25 per centum in order to
permit contract award within the available authorization for such
project. Such report shall include all pertinent cost information for
each individual project, including the amount in dollars and percentage
by which the current working estimate based on the contract price for
the project exceeded the amount authorized for such project by the
Congress.
CONSTRUCTION SUPERVISION
Sec. 604. Contracts for construction made by the United States for
performance within the United States and its possessions under this Act
shall be executed under the jurisdiction and supervision of the Corps of
Engineers, Department of the Army, or the Naval Facilities Engineering
Command, Department of the Navy, or such other department or Government
agency as the Secretaries of the military departments recommend and the
Secretary of Defense approves to assure the most efficient, expeditious,
and cost-effective accomplishment of the construction herein authorized.
The Secretaries of the military departments shall report annually to
the President of the Senate and the Speaker of the House of
Representatives a breakdown of the dollar value of construction
contracts completed by each of the several construction agencies
selected together with the design, construction supervision, and
overhead fees charged by each of the several agents in the execution of
the assigned construction. Further, such contracts (except architect
and engineering contracts which, unless specifically authorized by the
Congress, shall continue to be awarded in accordance with presently
established procedures, customs, and practice) shall be awarded, insofar
as practicable, on a competitive basis to the lowest responsible bidder,
if the national security will not be impaired and the award is
consistent with chapter 137 of title 10, United States Code. 10 USC
2301 et seq. The Secretaries of the military departments shall report
annually to the President of the Senate and Speaker of the House of
Representatives with respect to all contracts awarded on other than a
competitive basis to the lowest responsible bidder. Such reports shall
also show, in the case of the ten architect-engineering firms which, in
terms of total dollars, were awarded the most business; the names of
such firms; the total number of separate contracts awarded each such
firm; and the total amount paid or to be paid in the case of each such
action under all such contracts awarded such firm.
REPEAL OF PRIOR AUTHORIZATIONS; EXCEPTIONS
Sec. 605. (a) As of January 1, 1978, all authorizations for military
public works, including family housing to be accomplished by the
Secretary of a military department, in connection with the establishment
or development of installations and facilities, and all authorizations
for appropriations therefor, that are contained in titles I, II, III,
IV, and V of the Act of October 7, 1975, Public Law 94 - 107 (89 Stat.
546), and all such authorizations contained in Acts approved before
October 7, 1975, and not superseded or otherwise modified by a later
authorization are repealed except--,
(1) authorizations for public works and for appropriations
therefor that are set forth in those Acts in the titles that
contain the general provisions;
(2) authorizations for public works projects as to which
appropriated funds have been obligated for construction contracts,
land acquisition, or payments to the North Atlantic Treaty
Organization, in whole or in part, before January 1, 1978, and
authorizations for appropriations therefor.
(b) Notwithstanding the repeal provisions of section 605 of the Act
of October 7, 1975, Public Law 94 - 107 (89 Stat. 546, 565),
authorizations for the following items shall remain in effect until
January 1, 1979:
(1) Defense Satellite Communications System construction in the
amount of $1,054,000 at Stuttgart, Germany, authorized in section
101 of the Act of December 27, 1974 (88 Stat. 1747), as amended.
(2) Cold storage warehouse construction in the amount of
$1,215,000 at Fort Dix, New Jersey, authorized in section 101 of
the Act of October 25, 1972 (86 Stat. 1135), as amended and
extended in section 605(3)(B) of the Act of December 27, 1974 (88
Stat. 1762), as amended.
(3) Land acquisition, Murphy Canyon in the amount of $3,843,000
at Naval Regional Medical Center, San Diego, California,
authorized in section 201 of the Act of December 27, 1974 (88
Stat. 1750), as amended.
(4) Land acquisition in the amount of $800,000 at Naval
Security Group Activity, Sabana Seca, Puerto Rico, authorized in
section 201 of the Act of December 27, 1974 (88 Stat. 1750). as
amended.
UNIT COST LIMITATIONS
Sec. 606. None of the authority contained in titles I, II, III, and
IV of this Act shall be deemed to authorize any building construction
project inside the United States in excess of a unit cost to be
determined in proportion to the appropriate area construction cost
index, based on the following unit cost limitations where the area
construction index is 1.0:
(1) $39 per square foot for permanent barracks;
(2) $42 per square foot for bachelor officer quarters;
unless the Secretary of Defense, or his designee, determines that
because of special circumstances application to such project of the
limitations on unit costs contained in this section is impracticable.
Notwithstanding the limitations contained in prior Military Construction
Authorization Acts on unit costs, the limitations on such costs
contained in this section shall apply to all prior authorizations for
such construction not heretofore repealed and for which construction
contracts have not been awarded by the date of enactment of this Act.
INCREASES FOR SOLAR HEATING AND SOLAR COOLING EQUIPMENT
Sec. 607. The Secretary of Defense shall encourage the utilization
of solar energy as a source of energy for projects authorized by this
Act where utilization of solar energy would be practical and
economically feasible. In addition to all other authorized variations
of cost limitations or floor area limitations contained in this Act or
prior Military Construction Authorization Acts, the Secretary of
Defense, or his designee, may permit increases in the cost limitations
or floor area limitations by such amounts as may be necessary to equip
any projects with solar heating and/or solar cooling equipment.
LAND CONVEYANCE, NEW JERSEY
Sec. 608. (a) The Secretary of the Navy is authorized to convey,
without consideration, to the Airship Association, a nonprofit
organization incorporated under the laws of the State of New Jersey, all
right, title, and interest of the United States in and to that portion
of the lands comprising the Naval Air Station, Lakehurst, New Jersey,
described in subsection (b), for use as a permanent site for the museum
described in subsection (c), subject to conditions of use set forth in
such subsection.
(b) The land authorized to be conveyed by subsection (a) is a certain
parcel of land containing 13.98 acres, more or less, situated in Ocean
County, New Jersey, being a part of the Naval Air Station, Lakehurst,
New Jersey, and more particularly described as follows:
Beginning at a point on the westerly side of Ocean County Route
Numbered 547, 205.40 feet northerly from the intersection of the
center line of new road and the westerly side of Route Numbered
547 thence (1) north 10 degrees 14 minutes 19 seconds east, 770.25
feet along the westerly edge of road to a point thence (2) north
66 degrees 35 minutes 41 seconds west, 724.55 feet to a point
thence (3) south 23 degrees 24 minutes 19 seconds west, 750 feet
to a point thence (4) south 66 degrees 35 minutes 41 seconds east,
900 feet to the point and place of beginning.
(c) The conveyance authorized by subsection (a) shall be subject to
the following conditions and such other terms and conditions as the
Secretary of the Navy, or his designee, shall determine necessary to
protect the interests of the United States:
(1) The lands so conveyed shall be used primarily for the
construction and operation of an airship museum to collect,
preserve, and display to the public materials, memorabilia, and
other items of historical significance and interest relative to
the development and use of the airship, and for purposes
incidental thereto.
(2) All right, title, and interest in and to such lands, and
any improvements constructed thereon, shall revert to the United
States, which shall have an immediate right of entry thereon, if
the construction of the airship museum is not undertaken within
five years from the date of such conveyance or if the lands
conveyed shall cease to be used for the purposes specified in
paragraph (1).
(3) All expenses for surveys and the preparation and execution
of legal documents necessary or appropriate to carry out the
provisions of this section shall be borne by the Airship
Association.
LAND CONVEYANCE, WEST VIRGINIA
Sec. 609. Notwithstanding any other provisions of law, the Secretary
of Defense, or his designee, is authorized to convey to the city of
South Charleston, West Virginia, subject to such terms and conditions as
the Secretary shall deem to be in the public interest, all right, title,
and interest of the United States in and to a section of land located on
the property formerly known as the South Charleston Naval Ordnance
Plant, with improvements, such land consisting of approximately 4.5
acres. In consideration of such conveyance by the Secretary, the city
of South Charleston shall convey to the United States unencumbered fee
title to eight acres of land owned by the municipality, improved in a
manner acceptable to the Secretary, and subject to such other conditions
as are acceptable to the Secretary. The exact acreages and legal
descriptions of both properties are to be determined by accurate surveys
as mutually agreed upon by the Secretary and the city of South
Charleston. The Secretary is authorized to accept the lands so conveyed
to the United States, which lands shall be administered by the
Department of the Army.
STUDIES OF REUSE OF MILITARY BASES
Sec. 610. (a) Whenever a final decision has been made to close any
military installation located in the United States, Guam, or Puerto Rico
and, because of the location, facilities, and other particular
characteristics of such installation, the Secretary of Defense
determines that such installation may be suitable for some specific
Federal or State use potentially beneficial to the Nation, the Secretary
of Defense is authorized to conduct such studies, including, but not
limited to, the preparation of an environmental impact statement in
accordance with the National Environmental Policy Act of 1969, 42 USC
4321 note. in connection with such installation and such potential use
as may be necessary to provide information sufficient to make sound
conclusions and recommendations regarding the possible use of such
installation.
(b) Any study conducted under authority of this section shall be
submitted to the President and the Congress together with such comments
and recommendations as the Secretary of Defense may deem appropriate.
Such studies shall also be available to the public.
(c) As used in this section, the term "military installation"
includes any camp, post, station, base, yard, or other installation
under the jurisdiction of any military department.
(d) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section.
IMPACT ASSISTANCE, NONPROFIT COOPERATIVES
Sec. 611. Notwithstanding section 7 of the Act of August 23, 1912
(31 U.S.C. 679), the Secretary of Defense is authorized to use any funds
appropriated to carry out the provisions of section 610 of the Military
Construction Act, 1971 (84 Stat. 1224), to reimburse non-profit, mutual
aid telephone cooperatives for their capital expenditures for the
purchase and installation of nontactical communications equipment and
related facilities, to the extent the Secretary determines that (1) such
expenditures are not otherwise recoverable by such cooperatives, (2)
such expenditures were incurred as the direct result of the
construction, installation, testing, and operation of the SAFEGUARD
Antiballistic Missile System, and (3) such cooperatives, as a result of
the deactivation and termination of such system, would sustain an unfair
and excessive financial burden in the absence of the financial
assistance authorized by this section.
BASE REALIGNMENTS
Sec. 612. (a) Notwithstanding any other provision of law, no funds
authorized to be appropriated in this Act may be used to effect or
implement--,
(1) the closure of any military installation;
(2) any reduction in the authorized level of civilian personnel
at any military installation by more than one thousand civilian
personnel or 50 per centum of the level of such personnel
authorized as of March 1, 1976, or the end of the fiscal year
immediately preceding the fiscal year in which the Secretary of
Defense or the Secretary of the military department concerned
notifies the Congress that such installation is a candidate for
closure or significant reduction, whichever occurs later; or
(3) any construction, conversion, or rehabilitation at any
other military installation (whether or not such installation is a
military installation as defined in subsection (b)) which will or
may be required as a result of the relocation of civilian
personnel to such other installation by reason of any closure or
reduction to which this section applies;
unless--,
(A) the Secretary of Defense or the Secretary of the military
department concerned notifies the Congress in writing that such
military installation is a candidate for closure or significant
reduction; and then
(B) the Secretary of Defense or the Secretary of the military
department concerned complies with all terms, conditions and
requirements of the National Environmental Policy Act,
42 USC 4321 note.
and then
(C) the Secretary of Defense or the Secretary of the military
department concerned submits to the Committees on Armed Services
of the House of Representatives and the Senate his final decision
to close or significantly reduce such installation and a detailed
justification for his decision, together with the estimated
fiscal, local economic, budgetary, environmental, strategic, and
operational consequences of the proposed closure or reduction;
and then
(D) a period of at least sixty days expires following the date
on which the justification referred to in clause (C) has been
submitted to such committees, during which period the Secretary of
Defense or the Secretary of the military department concerned may
take no irrevocable action to implement the decision.
(b) For purposes of this section, the term "military installation"
means any camp, post, station, base, yard, or other facility under the
authority of the Department of Defense--,
(1) which is located within any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, or Guam;
and
(2) at which not less than five hundred civilian personnel are
authorized to be employed.
(c) For purposes of this section, the term "civilian personnel" means
direct-hire permanent civilian employees of the Department of Defense.
(d) This section shall not apply to any closure or reduction if the
President certifies to Congress that such closure or reduction must be
implemented for reasons of any military emergency or national security
or if such closure or reduction was publicly announced prior to January
1, 1976.
NAVAL MUSEUM, CHARLESTON, SOUTH CAROLINA
Sec. 613. The Congress hereby expresses its approval and
encouragement with respect to the establishment, by the State of South
Carolina, of a naval and maritime museum in the city of Charleston,
South Carolina, and recognizes the historical importance of such museum
and the patriotic purpose it is intended to serve.
AMENDMENT TO TITLE 10, UNITED STATES CODE; REAL
PROPERTY
EXCHANGE
Sec. 614. Section 2662(a) of title 10, United States Code, is
amended by adding at the end thereof a new sentence as follows: " The
report required by this subsection to be submitted to the Committees on
Armed Services of the Senate and House of Representatives concerning any
report of excess real property described in clause (5) shall contain a
certification by the Secretary concerned that he has considered the
feasibility of exchanging such property for other real property
authorized to be acquired for military purposes and has determined that
the property proposed to be declared excess is not suitable for such
purpose.".
SHORT TITLE
Sec. 615. Titles I, II, III, IV, V, and VI of this Act may be cited
as the " Military Construction Authorization Act, 1977".
TITLE VII-- GUARD AND RESERVE FORCES FACILITIES
AUTHORIZATION FOR FACILITIES
Sec. 701. 10 USC 2231 et seq. Subject to chapter 133 of title 10,
United States Code, the Secretary of Defense may establish or develop
additional facilities for the Guard and Reserve Forces, including the
acquisition of land therefor, but the cost of such facilities shall not
exceed--,
(1) For the Department of the Army:
(a) Army National Guard of the United States, $54,745,000.
(b) Army Reserve, $44,459,000.
(2) For the Department of the Navy: Naval and Marine Corps Reserves,
$21,800,000.
(3) For the Department of the Air Force:
(a) Air National Guard of the United States, $33,900,000.
(b) Air Force Reserve, $9,773,000.
WAIVER OF CERTAIN RESTRICTIONS
Sec. 702. The Secretary of Defense may establish or develop
installations and facilities under this title without regard to section
3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections
4774 and 9774 of title 10, United States Code. The authority to place
permanent or temporary improvements on lands includes authority for
surveys, administration, overhead, planning, and supervision incident to
construction. That authority may be exercised before title to the land
is approved under section 355 of the Revised Statutes, as amended (40
U.S.C. 255), and even though the land is held temporarily. The
authority to acquire real estate or land includes authority to make
surveys and to acquire land, and interests in land (including temporary
use), by gift, purchase, exchange of Government-owned land, or
otherwise.
SHORT TITLE
Sec. 703. This title may be cited as the " Guard and Reserves Forces
Facilities Authorization Act, 1977".
Approved September 30, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1371 (Comm. on Armed Services).
SENATE REPORT No. 94 - 1233 (Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and
passed House. Sept. 15, considered and passed Senate, amended. Sept.
16, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept.
30, Presidential statement.
PUBLIC LAW 94-430, 90 STAT, 1346
94th Congress, H.R. 366
September 29, 1976
An Act
To amend the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, to provide benefits to survivors of certain public safety
officers who die in the performance of duty.
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 " Public Safety Officers' Benefits Act of 1976". 42 USC
3701 note. 42 USC 3701 et seq.
Sec. 2. Title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended, is amended by adding at the end thereof the following
new part:
" Part J.--Public Safety Officers' Death Benefits
" PAYMENTS
" Sec. 701. 42 USC 3796. (a) In any case in which the
Administration determines, under regulations issued pursuant to this
part, that a public safety officer has died as the direct and proximate
result of a personal injury sustained in the line of duty, the
Administration shall pay a benefit of $50,000 as follows:
"(1) if there is no surviving child of such officer, to the
surviving spouse of such officer;
"(2) if there is a surviving child or children and a surviving
spouse, one-half to the surviving child or children of such
officer in equal shares and one-half to the surviving spouse;
"(3) if there is no surviving spouse, to the child or children
of such officer in equal shares; or
"(4) if none of the above, to the dependent parent or parents
of such officer in equal shares.
"(b) Whenever the Administration determines, upon a showing of need
and prior to taking final action, that the death of a public safety
officer is one with respect to which a benefit will probably be paid,
the Administration may make an interim benefit payment not exceeding
$3,000 to the person entitled to receive a benefit under subsection (a)
of this section.
"(c) The amount of an interim payment under subsection (b) of this
section shall be deducted from the amount of any final benefit paid to
such person.
"(d) Where there is no final benefit paid, the recipient of any
interim payment under subsection (b) of this section shall be liable for
repayment of such amount. The Administration may waive all or part of
such repayment, considering for this purpose the hardship which would
result from such repayment.
"(e) The beneffit payable under this part shall be in addition to any
other benefit that may be due from any other source, but shall be
reduced by--,
"(1) payments authorized by section 8191 of title 5, United
States Code;
"(2) payments authorized by section 12(k) of the Act of
September 1, 1916, as amended (D.C. Code, sec. 4 - 531(1)).
"(f) No benefit paid under this part shall be subject to execution or
attachment.
" LIMITATIONS
" Sec. 702. 42 USC 3796a. No benefit shall be paid under this
part--,
"(1) if the death was caused by the intentional misconduct of
the public safety officer or by such officer's intention to bring
about his death;
"(2) if voluntary intoxication of the public safety officer was
the proximate cause of such officer's death; or
"(3) to any person who would otherwise be entitled to a benefit
under this part if such person's actions were a substantial
contributing factor to the death of the public safety officer.
" DEFINITIONS
" Sec. 703. 42 USC 3796b. As used in this part--,
"(1) 'child' means any natural, illegitimate, adopted, or
posthumous child or stepchild of a deceased public safety officer
who, at the time of the public safety officer's death, is--,
"(A) eighteen years of age or under;
"(B) over eighteen years of age and a student as defined in
section 8101 of title 5, United States Code; or
"(C) over eighteen years of age and incapable of self-support
because of physical or mental disability;
"(2) 'dependent' means a person who was substantially reliant
for support upon the income of the deceased public safety officer;
"(3) 'fireman' includes a person serving as an officially
recognized or designated member of a legally organized volunteer
fire department;
"(4) 'intoxication' means a disturbance of mental or physical
faculties resulting from the introduction of alcohol, drugs, or
other substances into the body;
"(5) 'law enforcement officer' means a person involved in crime
and juvenile delinquency control or reduction, or enforcement of
the criminal laws. This includes, but is not limited to, police,
corrections, probation, parole, and judicial officers;
"(6) 'public agency' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States, or any unit of local
government, combination of such States, or units, or any
department, agency, or instrumentality of any of the foregoing;
and
"(7) 'public safety officer' means a person serving a public
agency in an official capacity, with or without compensation, as a
law enforcement officer or as a fireman.
" ADMINISTRATIVE PROVISIONS
" Sec. 704. 42 USC 3796c. (a) The Administration is authorized to
establish such rules, regulations, and procedures as may be necessary to
carry out the purposes of this part. Such rules, regulations, and
procedures will be determinative of conflict of laws issues arising
under this part. Rules, regulations, and procedures issued under this
part may include regulations governing the recognition of agents or
other persons representing claimants under this part before the
Administration. The Administration may prescribe the maximum fees which
may be charged for services performed in connection with any claim under
this part before the Administration, and any agreement in violation of
such rules and regulations shall be void.
"(b) In making determinations under section 701, the Administration
may utilize such administrative and investigative assistance as may be
available from State and local agencies. Responsibility for making
final determinations shall rest with the Administration.".
MISCELLANEOUS PROVISIONS
Sec. 3. Section 520 of the Omnibus Crime Control and Safe Streets
Act of 1968, 42 USC 3768. as amended, is amended by adding at the end
thereof the following new subsection:
"(c) There are authorized to be appropriated in each fiscal year such
sums as may be necessary to carry out the purposes of part J.".
Sec. 4. The authority to make payments under part J 42 USC 3796
note. of the Omnibus Crime Control and Safe Streets Act of 1968 (as
added by section 2 of this Act) shall be effective only to the extent
provided for in advance by appropriation Acts.
Sec. 5. If the provisions of any part of this Act 42 USC 3796 note.
are found invalid, the provisions of the other parts and their
application to other persons or circumstances shall not be affected
thereby.
Sec. 6. The amendments made by this Act 42 USC 3796 note. shall
become effective and apply to deaths occurring from injuries sustained
on or after the date of enactment of this Act.
Approved September 29, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1032 (Comm. on the Judiciary) and No. 94 -
1501 (Comm. of Conference).
SENATE REPORTS: No. 94 - 816 (Comm. on the Judiciary) and No. 94 -
825 accompanying S. 230 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 30, considered and
passed House. July 19, considered and passed Senate, amended. Sept.
15, House agreed to conference report. Sept. 16, Senate agreed to
conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept.
29, Presidential statement.
PUBLIC LAW 94-429, 90 STAT, 1342
94th Congress, S. 2371
September 28, 1976
An Act
To provide for the regulation of mining activity within, and to repeal
the application of mining laws to, areas of the National Park System,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 16 USC 1901. That the
Congress finds and declares that--,
(a) the level of technology of mineral exploration and
development has changed radically in recent years and continued
application of the mining laws of the United States to those areas
of the National Park System to which it applies, conflicts with
the purposes for which they were established; and
(b) all mining operations in areas of the National Park System
should be conducted so as to prevent or minimize damage to the
environment and other resource values, and, in certain areas of
the National Park System, surface disturbance from mineral
development should be temporarily halted while Congress determines
whether or not to acquire any valid mineral rights which may exist
in such areas.
Sec. 2. 16 USC 1902. In order to preserve for the benefit of
present and future generations the pristine beauty of areas of the
National Park System, and to further the purposes of the Act of August
25, 1916, as amended (16 U.S.C. 1) and the individual organic Acts for
the various areas of the National Park System, all activities resulting
from the exercise of valid existing mineral rights on patented or
unpatented mining claims within any area of the National Park System
shall be subject to such regulations prescribed by the Secretary of the
Interior as he deems necessary or desirable for the preservation and
management of those areas.
Sec. 3. Subject to valid existing rights, the following Acts are
amended or repealed as indicated in order to close these areas to entry
and location under the Mining Law of 1872:
(a) the first proviso of section 3 of the Act of May 22, 1902
(32 Stat. 203; 16 U.S.C. 123), relating to Crater Lake National
Park, is amended by deleting the words "and to the location of
mining claims and the working of same";
(b) section 4 of the Act of February 26, 1917 (39 Stat. 938;
16 U.S.C. 350), relating to Mount Mc Kinley National Park, is
hereby repealed;
(c) section 2 of the Act of January 26, 1931 (46 Stat. 1043;
16 U.S.C. 350a), relating to Mount Mc Kinley National Park, is
hereby repealed;
(d) the Act of June 13, 1933 (48 Stat. 139; 16 U.S.C. 447),
relating to Death Valley National Monument, is hereby repealed;
(e) the Act of June 22, 1936 (49 Stat. 1817), relating to
Glacier Bay National Monument, is hereby repealed;
(f) section 3 of the Act of August 18, 1941 (55 Stat. 631; 16
U.S.C. 450y-2), relating to Coronado National Memorial is amended
by replacing the semicolon in subsection (a) with a period and
deleting the prefix "(a)", the word "and" immediately preceding
subsection (b), and by repealing subsection (b); and
(g) The Act of October 27, 1941 (55 Stat. 745; 16 U.S.C.
450z), relating to Organ Pipe Cactus National Monument, is hereby
repealed.
Sec. 4. 16 USC 1903. For a period of four years after the date of
enactment of this Act, holders of valid mineral rights located within
the boundaries of Death Valley National Monument, Mount Mc Kinley
National Park, and Organ Pipe Cactus National Monument shall not disturb
for purposes of mineral exploration or development the surface of any
lands which had not been significantly disturbed for purposes of mineral
extraction prior to February 29, 1976: Provided, That if the Secretary
finds that enlargement of the existing excavation of an individual
mining operation is necessary in order to make feasible continued
production therefrom at an annual rate not to exceed the average annual
production level of said operation for the three calendar years 1973,
1974, and 1975, the surface of lands contiguous to the existing
excavation may be disturbed to the minimum extent necessary to effect
such enlargement, subject to such regulations as may be issued by the
Secretary under section 2 of this Act. For purposes of this section,
each separate mining excavation shall be treated as an individual mining
operation.
Sec. 5. 16 USC 1904. The requirements for annual expenditures on
mining claims imposed by Revised Statute 2324 (30 U.S.C. 28) shall not
apply to any claim subject to section 4 of this Act during the time such
claim is subject to such section.
Sec. 6. 16 USC 1905. Within two years after the date of enactment
of this Act, the Secretary of the Interior shall determine the validity
of any unpatented mining claims within Glacier Bay National Monument,
Death Valley and Organ Pipe Cactus National Monuments and Mount Mc
Kinley National Park and submit to the Congress recommendations as to
whether any valid or patented claims should be acquired by the United
States, including the estimated acquisition costs of such claims, and a
discussion of the environmental consequences of the extraction of
minerals from these lands. The Secretary shall also study and within
two years submit to Congress his recommendations for modifications or
adjustments to the existing boundaries of the Death Valley National
Monument and the Glacier Bay National Monument to exclude significant
mineral deposits and to decrease possible acquisition costs.
Sec. 7. 16 USC 1906. Within four years after the date of enactment
of this Act, the Secretary of the Interior shall determine the validity
of any unpatented mining claims within Crater Lake National Park,
Coronado National Memorial, and Glacier Bay National Monument, and
submit to the Congress recommendations as to whether any valid or
patented claims should be acquired by the United States.
Sec. 8. 16 USC 1907. All mining claims under the Mining Law of
1872, as amended and supplemented (30 U.S.C. chapters 2, 12 A, and 16
and sections 161 and 162) which lie within the boundaries of units of
the National Park System shall be recorded with the Secretary of the
Interior within one year after the effective date of this Act. Any
mining claim not so recorded shall be conclusively presumed to be
abandoned and shall be void. Such recordation will not render valid any
claim which was not valid on the effective date of this Act, or which
becomes invalid thereafter. Within thirty days following the date of
enactment of this Act, the Secretary shall publish notice of the
requirement for such recordation in the Federal Register. He shall also
publish similar notices in newspapers of general circulation in the
areas adjacent to those units of the National Park System listed in
section 3 of this Act.
Sec. 9. 16 USC 1908. (a) Whenever the Secretary of the Interior
finds on his own motion or upon being notified in writing by an
appropriate scientific, historical, or archeological authority, that a
district, site, building, structure, or object which has been found to
be nationally significant in illustrating natural history or the history
of the United States and which has been designated as a natural or
historical landmark may be irreparably lost or destroyed in whole or in
part by any surface mining activity, including exploration for or
removal or production of minerals or materials, he shall notify the
person conducting such activity and submit a report thereon, including
the basis for his finding that such activity may cause irreparable loss
or destruction of a national landmark, to the Advisory Council on
Historic Preservation, with a request for advice of the Council as to
alternative measures that may be taken by the United States to mitigate
or abate such activity.
(b) The Council shall within two years from the effective date of
this section submit to the Congress a report on the actual or potential
effects of surface mining activities on natural and historical landmarks
and shall include with its report its recommendations for such
legislation as may be necessary and appropriate to protect natural and
historical landmarks from activities, including surface mining
activities, which may have an adverse impact on such landmarks.
Sec. 10. 16 USC 1909. If any provision of this Act is declared to
be invalid, such declaration shall not affect the validity of any other
provision hereof.
Sec. 11. 16 USC 1910. The holder of any patented or unpatented
mining claim subject to this Act who believes he has suffered a loss by
operation of this Act, or by orders or regulations issued pursuant
thereto, may bring an action in a United States district court to
recover just compensation, which shall be awarded if the court finds
that such loss constitutes a taking of property compensable under the
Constitution. The court shall expedite its consideration of any claim
brought pursuant to this section.
Sec. 12. 16 USC 1911. Nothing in this Act shall be construed to
limit the authority of the Secretary to acquire lands and interests in
lands within the boundaries of any unit of the National Park System.
The Secretary is to give prompt and careful consideration to any offer
made by the owner of any valid right or other property within the areas
named in section 6 of this Act to sell such right or other property, if
such owner notifies the Secretary that the continued ownership of such
right or property is causing, or would result in, undue hardship.
SUNSHINE IN GOVERNMENT
Sec. 13. (a) 16 USC 1912. Each officer or employee of the Secretary
of the Interior who--,
(1) performs any function or duty under this Act, or any Acts
amended by this Act concerning the regulation of mining within the
National Park System; and
(2) has any known financial interest (A) in any person subject
to such Acts, or (B) in any person who holds a mining claim within
the boundaries of units of the National Park System;
shall, beginning on February 1, 1977, annually file with the Secretary a
written statement concerning all such interests held by such officer or
employee during the preceding calendar year. Such statement shall be
available to the public.
(b) The Secretary shall--,
(1) act within ninety days after the date of enactment of this
Act--,
(A) to define the term "known financial interest" for purposes
of subsection (a) of this section; and
(B) to establish the methods by which the requirement to file
written statements specified in subsection (a) of this section
will be monitored and enforced, including appropriate provisions
for the filing by such officers and employees of such statements
and the review by the Secretary of such statements; and
(2) report to the Congress on June 1 of each calendar year with
respect to such disclosures and the actions taken in regard
thereto during the preceding calendar year.
(c) In the rules prescribed in subsection (b) of this section, the
Secretary may identify specific positions within such agency which are
of a nonregulatory or nonpolicymaking nature and provide that officers
or employees occupying such positions shall be exempt from the
requirements of this section.
(d) Any officer or employee who is subject to, and knowingly
violates, this section or any regulation issued thereunder, shall be
fined not more than $2,500 or imprisoned not more than one year, or
both.
Approved September 28, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1428 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 567 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 3, 4, considered and
passed Senate. Sept. 14, considered and passed House, amended. Sept.
17, Senate concurred in House amendments.
PUBLIC LAW 94-428, 90 STAT, 1340
94th Congress, S. 2286
September 28, 1976
An Act
To amend the Act of June 9, 1906, to provide for a description of
certain lands to be conveyed by the United States to the city of
Albuquerque, New Mexico.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3(a) of the
Act entitled " An Act granting land to the city of Albuquerque for
public purposes", approved June 9, 1906 (34 Stat. 227), as amended, is
further amended by striking out " A parcel of land situated within the
northwest quarter" and all that follows through "containing 0.7041 acre
more or less." and inserting in lieu thereof the following:
" A parcel of land situated within the northwest quarter of section
20, township 10 north, range 4 east of the New Mexico principal meridian
and within tract numbered 4 and tract numbered 1 of the municipal
addition numbered 2, an addition to the city of Albuquerque, New Mexico,
said parcel of land being more particularly described as follows:
" Beginning at the northwest corner of tract numbered 1 of said
addition, said northwest corner being the same as shown on the
plat of said addition filed for record in the offices of the
county clerk of Bernalillo County, New Mexico, on July 12, 1955,
from which point the northwest corner of said section 20 bears
north 89 degrees 29 minutes 40 seconds west, a distance of
1,355.11 feet;
"thence south 0 degrees 23 minutes 20 seconds west, a distance
of 220.88 feet to a point on a curve on the new southerly
right-of-way line of Lomas Boulevard Northeast as shown on the New
Mexico State Highway Department right-of-way map for project
numbered I - 040 - 3(1) 163, and the true point of beginning;
"thence southeasterly, along said southerly right-of-way line
on a curve (said curve being concave to the northeast, having a
radius of 1,461.13 feet, a central angle of 2 degrees 37 minutes
42 seconds, and a long chord which bears south 88 degrees 17
minutes 40 seconds east, a distance of 67.02 feet) a distance of
67.03 feet to a New Mexico State Highway Department right-of-way
marker (station 14 + 47.46) and a point on the westerly
right-of-way of Herndon Street Northeast;
"thence south 1 degree 49 minutes 00 seconds west, along said
westerly right-of-way line, a distance of 11.81 feet to the point
of curve marked by a New Mexico State Highway Department
right-of-way marker (station 0 + 50);
"thence southeasterly, along said westerly right-of-way line on
a curve (said curve being concave to the northeast, having a
radius of 330.71 feet, a central angle of 48 degrees 55 minutes 00
seconds, and a long chord which bears south 22 degrees 38 minutes
30 seconds east, a distance of 273.85 feet) a distance of 282.35
feet to a New Mexico State Highway Department right-of-way marker
(station 2 + 89.89);
"thence north 43 degrees 02 minutes 30 seconds east, along said
westerly right-of-way line, a distance of 10.00 feet to a New
Mexico State Highway marker (station 2 + 89.89) and a point on a
curve;
"thence southeasterly, along said westerly right-of-way line on
a curve (said curve being concave to the southwest, having a
radius of 242.58 feet, a central angle of 33 degrees 46 minutes 00
seconds and a long chord which bears south 30 degrees 04 minutes
30 seconds east, a distance of 140.09 feet) a distance of 142.96
feet to a New Mexico State Highway Department right-of-way marker
(station 4 + 56);
"thence north 64 degrees 32 minutes 30 seconds west, a distance
of 1,343.09 feet to a point on a curve on the said southerly
right-of-way line of Lomas Boulevard Northeast;
"thence southeasterly, along said southerly right-of-way line
on a curve (said curve being concave to the southwest, having a
radius of 1,361.94 feet, a central angle of 15 degrees 31 minutes
33 seconds and a long chord which bears south 79 degrees 46
minutes 46 seconds east, a distance of 367.93 feet) a distance of
369.04 feet to a New Mexico State Highway Department right-of-way
marker (station 7 + 83.81);
"thence south 72 degrees 01 minutes 00 seconds east, along said
southerly right-of-way line, a distance of 200.00 feet to a New
Mexico State Highway Department right-of-way marker (station 9 +
83.81) and the point of curve;
"thence southeasterly, along said southerly right-of-way line
on a curve (said curve being concave to the northeast, having a
radius of 1,461.13 feet, a central angle of 16 degrees 24 minutes
18 seconds and a long chord which bears south 80 degrees 13
minutes 09 seconds east, a distance of 416.93 feet) a distance of
418.35 feet to the true point of beginning.
Said parcel of land containing 3.6586 acres more or less.".
Approved September 28, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1538 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 728 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 1, considered and passed
Senate. Sept. 20, considered and passed House.
PUBLIC LAW 94-427, 90 STAT, 1336
94th Congress, S. 2184
September 28, 1976
An Act
To authorize appropriations for the winter Olympic games, and for other
purposes.
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 " Olympic Winter Games
Authorization Act of 1976".
FINDINGS
Sec. 2. The Congress finds and declares that--,
(1) it is desirable for Americans of present and future
generations to be assured adequate outdoor recreational resources
and wilderness areas;
(2) the XIII international Olympic winter games, which are to
be held in the United States at Lake Placid, New York, in 1980,
will further an awareness and appreciation of indoor and outdoor
recreational activities and of the need for preserving wilderness
areas;
(3) amateur athletics and amateur athletic competition have
contributed to the health and well-being of the Nation and, as the
host country for the XIII international Olympic winter games, the
United States has a unique opportunity to encourage participation
in such activities by furnishing limited financial assistance to
assure the availability of adequate facilities, resources, and
support for the Olympic winter games;
(4) the Congress has pledged its cooperation and support in the
successful fulfillment of the XIII international Olympic winter
games; and
(5) the Federal financial assistance authorized by this Act is
provided in recognition of the unique economic circumstances of
the Lake Placid area and should not be considered as establishing
a precedent for any future Federal financial assistance for
international athletic competitions.
DEFINITIONS
Sec. 3. For purposes of this Act:
(1) The term " Olympic winter games" means the XIII
international Olympic winter games to be held in 1980 at Lake
Placid, New York.
(2) The term " Secretary" means the Secretary of Commerce.
(3) The term "winter games facilities" means existing or
proposed winter sports and supporting facilities which are
necessary to carry out the Olympic winter games, including--,
(A) a field house;
(B) ski jumps;
(C) skating ovals or arenas;
(D) housing for athletes;
(E) a winter sports arena;
(F) administrative offices;
(G) dressing rooms, equipment, and storage facilities;
(H) a luge run;
(I) parking facilities;
(J) facilities for increased electrical power;
(K) sanitary and water facilities; and
(L) a scoreboard and other miscellaneous facilities.
FINANCIAL ASSISTANCE
Sec. 4. (a) Grants.--The Secretary shall provide financial
assistance in the form of grants to--,
(1) the Lake Placid 1980 Olympic Games, Incorporated, a
not-for-profit corporation incorporated under the laws of the
State of New York; or
(2) State, local, or other governmental agencies,
for purposes of assisting in the planning, design, and construction or
improvement of winter games facilities, and for purposes of land
acquisition and legal and fiscal fees in connection with the Olympic
winter games. Subject to the provisions of subsection (b) of this
section, such grants shall be provided in such sums, at such times, and
under such conditions as the Secretary considers necessary and
appropriate.
(b) Conditions.--The amount of any grant for a winter games facility
under subsection (a) of this section shall be based initially on the
estimated cost of such facility. If the actual cost of any winter games
facility is less than such estimated cost, the difference may be applied
to meet the excess cost of any other winter games facility. If the
actual cost of any winter games facility exceeds such estimated cost,
plus any amounts applied to the excess cost under the preceding
sentence, the Secretary shall not provide any grant for more than 50
percent of the remaining excess cost of such facility.
(c) Reversion.--All revenues generated by the Olympic winter games in
excess of actual costs shall revert to the Treasury of the United States
in an amount not to exceed the total amount of funds appropriated under
the authority of section 9 of this Act.
(d) Other Assistance.--The Secretary may provide financial assistance
for projects related to the Olympic winter games under the authority
contained in title I of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3131 - 3136). Any such assistance (1) shall not be
subject to the requirements for a non-Federal matching share set forth
in section 101(c) 42 USC 3131. of such title, and (2) shall be excluded
from the limitation on the amount available to any one State set forth
in section 103 42 USC 3133. of such title.
ENVIRONMENTAL PROTECTION
Sec. 5. In carrying out the provisions of this Act, the Secretary--,
(1) shall require that all winter games facilities for which
Federal financial assistance is provided under this Act are
planned, designed, and constructed or improved in a manner which
is consistent in all respects with State laws, rules, regulations,
and plans governing the use, management, and development of
Adirondack Park;
(2) shall not, as a condition on the receipt of Federal b
financial assistance uder this Act, require any modification in
any such State law, rule, regulation, or plan; and
(3) shall take such action as may be necessary and appropriate
to assure that all activities relating to the Olympic winter games
are carried out in a manner designed to recognize the outdoor
recreational and wilderness values of Adirondack Park and the Lake
Placid area and meet the needs of the Olympic winter games.
CONTINUED PUBLIC USE
Sec. 6. The Secretary, in coordination and consultation with State
and local officials, shall take such action as may be necessary and
appropriate to assure that all winter games facilities for which Federal
financial assistance is provided under this Act are planned, designed,
and constructed or improved in a manner which will provide maximum
continued public use and benefit following the conclusion of the Olympic
winter games.
REPORTS
Sec. 7. (a) Interim Reports.--The Secretary shall, within 3 months
after the end of fiscal year 1977 and within 3 months after the end of
each of the 2 succeeding fiscal years, submit an interim report to the
Congress and to the President on the progress of the planning, design,
and construction or improvement of winter games facilities under this
Act. Each such report shall summarize and evaluate the progress made in
preparing for the Olympic winter games, and include any recommendations
for any further Federal involvement which the Secretary considers
necessary or appropriate.
(b) Final Report.--The Secretary shall, within 3 months after the
conclusion of the Olympic winter games, submit a final report to the
Congress and to the President containing a summary of all actions taken
under this Act, including a description of the action taken under
section 6 of this Act to assure the maximum continued public use of
winter games facilities.
RECORDS AND AUDIT
Sec. 8. (a) Records.--Each recipient of Federal financial assistance
under this Act, whether directly or indirectly, shall keep such records
as the Secretary shall prescribe, including--,
(1) records which fully disclose (A) the amount and the
disposition by such recipient of the proceeds of such assistance,
(B) the total cost of the winter games facility or related project
for which such assistance is given or used, (C) the amount of that
portion of the cost of such facility or project supplied by other
sources, and (D) an identification of such other sources; and
(2) such other records as will facilitate an effective
financial audit.
(b) Audit.--Until the expiration of 3 years after the completion of
the winter games facility or related project referred to in subsection
(a) of this section, the Secretary and the Comptroller General of the
United States, or any of their duly authorized representatives, shall
have access, for purposes of audit and examination, to any books,
documents, papers, and records of each recipient of Federal financial
assistance under this Act which the Secretary or the Comptroller General
considers relevant to such Federal financial assistance.
AUTHORIZATION OF APPROPRIATIONS
Sec. 9. (a) General.--There is authorized to be appropriated to the
Secretary the sum of $49,040,000 for the purposes of providing grants
under section 4(a) of this Act for the Olympic winter games.
(b) Administration.--There is authorized to be appropriated to the
Secretary the sum of $250,000 for the administration of this Act.
(c) Availability.--Sums appropriated under this section are
authorized to remain available until expended.
Approved September 28, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1167 accompanying H.R. 13490 (Comm. on
Interstate and Foreign Commerce) and No. 94 - 1447 (Comm. of
Conference).
SENATE REPORT No. 94 - 858 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 122 (1976): June 9, H.R. 13490 considered
in House. June 10, considered and passed Senate. June 11, considered
and passed House, amended, in lieu of H.R. 13490. Sept. 10, House
agreed to conference report. Sept. 16, Senate agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Sept.
29, Presidential statement.
PUBLIC LAW 94-426, 90 STAT, 1334
94th Congress, H.R. 15319
September 28, 1976
An Act
To approve in whole or in part, with amendments, certain rules relating
to cases and proceedings under sections 2254 and 2255 of title 28 of the
United States Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 28 USC 2071 note. That
the rules governing section 2254 cases in the United States district
courts and the rules governing section 2255 proceedings for the United
States district courts, as proposed by the United States Supreme Court,
which were delayed by the Act entitled " An Act to delay the effective
date of certain proposed amendments to the Federal Rules of Criminal
Procedure and certain other rules promulgated by the United States
Supreme Court" (Public Law 94 - 349), are approved with the amendments
set forth in section 2 of this Act and shall take effect as so amended,
with respect to petitions under section 2254 and motions under section
2255 of title 28 of the United States Code filed on or after February 1,
1977.
Sec. 2. 28 USC app. The amendments referred to in the first section
of this Act are as follows:
(1) Rule 2(c) of the rules governing section 2254 cases is amended--,
(A) by inserting "substantially" immediately after " The
petition shall be in"; and
(B) by striking out the sentence " The petition shall follow
the prescribed form.".
(2) Rule 2(e) of the rules governing section 2254 cases is amended to
read as follows:
"(e) Return of Insufficient Petition.--If a petition received by the
clerk of a district court does not substantially comply with the
requirements of rule 2 or rule 3, it may be returned to the petitioner,
if a judge of the court so directs, together with a statement of the
reason for its return. The clerk shall retain a copy of the petition.".
(3) Rule 2(b) of the rules governing section 2255 proceedings is
amended--,
(A) by inserting "substantially" immediately after " The motion
shall be in"; and
(B) by striking out the sentence " The motion shall follow the
prescribed form.".
(4) Rule 2(d) of the rules governing section 2255 proceedings is
amended to read as follows:
"(d) Return of Insufficient Motion.--If a motion received by the
clerk of a district court does not substantially comply with the
requirements of rule 2 or rule 3, it may be returned to the movant, if a
judge of the court so directs, together with a statement of the reason
for its return. The clerk shall retain a copy of the motion.".
(5) Rule 8(c) of the rules governing section 2254 cases is amended by
adding at the end: " These rules do not limit the appointment of
counsel under 18 U.S.C. Sec. 3006 A at any stage of the case if the
interest of justice so requires.".
(6) 28 USC app. Rule 8(c) of the rules governing section 2255
proceedings is amended by adding at the end the following: " These
rules do not limit the appointment of counsel under 18 U.S.C. Sec. 3006
A at any stage of the proceeding if the interest of justice so
requires.".
(7) Rule 9(a) of the rules governing section 2254 cases is amended by
striking out the second and third sentences.
(8) Rule 9(b) is amended by striking out "is not excusable" and
inserting in lieu thereof "constituted an abuse of the writ".
(9) Rule 9(a) of the rules governing section 2255 proceedings is
amended by striking out the final sentence.
(10) Rule 9(b) of the rules governing section 2255 proceedings is
amended by striking out "is not excusable" and inserting in lieu thereof
"constituted an abuse of the procedure governed by these rules".
(11) Rule 10 of the rules governing section 2254 cases is amended by
inserting ", and to the extent the district court has established
standards and criteria for the performance of such duties" immediately
after "rule of the district court".
(12) Rule 10 of the rules governing section 2255 proceedings is
amended by inserting ", and to the extent the district court has
established standards and criteria for the performance of such duties,"
immediately after "rule of the district court".
Approved September 28, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1471 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 14, considered and
passed House. Sept. 16, considered and passed Senate.
PUBLIC LAW 94-425, 90 STAT, 1333
94th Congress, H.R. 14973
September 28, 1976
An Act
To provide for acquisition of lands in connection with the
international Tijuana River flood control project, 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 2 of Public
Law 89 - 640 (80 Stat. 884) 22 USC 277d-33. 22 USC 277d-32. is amended
by striking out section 2 in its entirety and substituting in lieu
thereof the following new section:
" Sec. 2. Pursuant to the agreement concluded under the authority of
section 1 of this Act, the United States Commissioner is authorized to
construct, operate, and maintain the portion of the ' International
Flood Control Project, Tijuana River Basin,' assigned to the United
States, and there is hereby authorized to be appropriated to the
Department of State for use of the United States section the sum of
$10,800,000 for construction costs of such project, as modified, based
on estimated June 1976 prices, plus or minus such amounts as may be
justified by reason of price index fluctuations in costs involved
therein, and such sums as may be necessary for its maintenance and
operation, except that no funds may be appropriated under this Act for
the fiscal year ending on September 30, 1977. Contingent upon the
furnishing by the city of San Diego ofits appropriate share of the funds
for the acquisition of the land and interests therein needed to carry
out the agreement between the United States and Mexico to construct such
project, the Secretary of State, acting through the United States
Commissioner, is further authorized to participate financially with
non-Federal interests in the acquisition of said lands and interest
therein, to the extent that funds provided by the city of San Diego are
insufficient for this purpose.".
Approved September 28, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1399, Pt. 1 (Comm. on International Relations).
SENATE REPORT No. 94 - 1237 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and
passed House. Sept. 20, considered and passed Senate.
PUBLIC LAW 94-424, 90 STAT, 1332
94th Congress, H.R. 3348
September 28, 1976
An Act
To amend title 38, United States Code, in order to extend and improve
the program of exchange of medical information between the Veterans'
Administration and the medical community, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress Assembled, That subchapter IV of
chapter 81 of title 38, United States Code, 38 USC 5054. is amended as
follows:
(1) By inserting at the end of section 5054(b) the following new
sentence: " Any proceeds to the Government received therefrom shall be
credited to the applicable Veterans' Administration medical
appropriation."; and
(2) By striking out in section 5055(c) 38 USC 5055. (1) "$3,000,000
for each fiscal year 1968 through 1971, and such sums as may be
necessary for each fiscal year 1972 through 1975," and inserting in lieu
thereof $3,500,000 for fiscal year 1976; $1,700,000 for the period
beginning July 1, 1976, and ending September 30, 1976; $4,000,000 for
fiscal year 1977; $4,000,000 for fiscal year 1978; and $4,000,000 for
fiscal year 1979,".
Sec. 2. (a) Subchapter I of chapter 2 of title 38, United States
Code, is amended by adding at the end thereof the following new section:
" Sec. 203.
38 USC 203.
Availability of appropriations
" Any funds appropriated to the Veterans' Administration may, to the
extent provided in this title or an appropriations Act, remain available
until expended.".
(b) The table of sections for subchapter I of chapter 3 of title 38,
United States Code, is amended by adding at the end thereof the
following new item: "203. Availability of appropriations.".
Approved September 28, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 286 (Comm. on Veterans' Affairs).
SENATE REPORT No. 94 - 891 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD:
Vol. 121 (1975): June 16, considered and passed House.
Vol. 122 (1976): Sept. 13, considered and passed Senate,
amended. Sept. 16, House concurred in Senate amendment.
PUBLIC LAW 94-423, 90 STAT, 1324
94th Congress, S. 3283
September 28, 1976
An Act
To authorize various Federal reclamation projects and programs, 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 shall be
known as the Reclamation Authorization Act of 1976.
TITLE I
KANOPOLIS UNIT, KANSAS
Sec. 101. The Kanopolis unit, heretofore authorized as an integral
part of the Pick-Sloan Missouri Basin program by the Act of December 22,
1944 (58 Stat. 887, 891), is hereby reauthorized as part of that
project. The construction, operation, and maintenance of the Kanopolis
unit for the purposes of providing irrigation water for approximately
twenty thousand acres of land, municipal and industrial water supply,
fish and wildlife conservation and development, environmental
preservation, and other purposes shall be prosecuted by the Secretary of
the Interior in collaboration with the Secretary of the Army acting
through the Chief of Engineers, in accordance with the Federal
reclamation laws (Act of June 17, 1902; 32 Stat. 388, and Acts
amendatory thereof or supplementary thereto). 43 USC 391 note. The
principal features of the Kanopolis unit shall include the modification
of the existing Kanopolis Dam and Lake, an irrigation diversion
structure, the Kanopolis north and south canals, laterals, drains, and
necessary facilities to effect the aforesaid purposes of the unit.
Sec. 102. Upon expiration of existing leases for agricultural use of
publicly owned lands, in the Kanopolis Reservoir area, the Secretary of
the Army is authorized to enter into a management agreement covering
said lands with the Kansas Forestry, Fish and Game Commission. The
Secretary of the Army is further authorized to include provisions in
such operating agreements whereby revenues deriving from future use of
said reservoir lands for agricultural purposes may be retained by the
game commission to the extent that they are utilized for wildlife
management purposes at Kanopolis Reservoir.
Sec. 103. The Kanopolis unit shall be integrated physically and
financially with the other Federal works constructed under the
comprehensive plan approved by section 9 of the Flood Control Act of
December 22, 1944 (58 Stat. 887, 891), as amended and supplemented.
Repayment contracts for the return of construction costs allocated to
irrigation will be based on the irrigator's ability to repay as
determined by the Secretary of the Interior, and the terms of such
contract shall not exceed fifty years following the permissible
development period. Repayment contracts for the return of costs
allocated to municipal and industrial water supply shall be under the
jurisdiction of the Secretary of the Army, and such contracts shall be
prerequisite to the initiation of construction of facilities authorized
by this title. Costs allocated to environmental preservation and fish
and wildlife shall be nonreimbursable and nonreturnable under Federal
reclamation law.
Sec. 104. For a period of ten years from the date of enactment of
this title, no water from the unit authorized by this title shall be
delivered to any water user for the production on newly irrigated lands
of any basic agricultural commodity, as defined in the Agricultural Act
of 1949 (63 Stat. 1051; 7 U.S.C. 1421), 7 USC 1421 note. or any
amendment thereof, if the total supply of such commodity for the
marketing year in which the bulk of the crop would normally be marketed
in excess of the normal supply as defined in section 301(b)(10) of the
Agricultural Adjustment Act of 1938 (62 Stat. 1251), 7 USC 1301. as
amended, unless the Secretary of Agriculture calls for an increase in
production of such commodity in the interest of national security.
Sec. 105. The interest rate used for computing interest during
construction and interest on the unpaid balance of the reimbursable
costs of the Kanopolis unit shall be determined by the Secretary of the
Treasury, as of the beginning of the fiscal year in which construction
of the unit is commenced, on the basis of the computed average interest
rate payable by the Treasury upon its outstanding marketable public
obligations which are neither due nor callable for fifteen years from
date of issue.
Sec. 106. The provisions of the third sentence of section 46 of the
Act of May 25, 1926 (44 Stat. 649, 650), 43 USC 423e. and any other
similar provisions of Federal reclamation laws as applied to the
Kanopolis unit, Pick-Sloan Missouri Basin program, are hereby modified
to provide that lands held in a single ownership which may be eligible
to receive water from, through, or by means of, unit works shall be
limited to one hundred and sixty acres of class I land or the equivalent
thereof in other land classes, as determined by the Secretary of the
Interior.
Sec. 107. There is hereby authorized to be appropriated for fiscal
year 1978 and thereafter, for construction of the Kanopolis unit, the
sum of $30,900,000 (January 1976 price levels) plus or minus such
amounts, if any, as may be justified by reason of changes in
construction costs as indicated by engineering cost indexes applicable
to the types of construction involved. Of the funds authorized to be
appropriated by this section, the Secretary of the Interior shall
transfer to the Secretary of the Army all except those required for
post-authorization planning, design, and construction of the single use
irrigation facilities of the unit, and the Secretary of the Army shall
utilize such transferred funds for implementation of all other aspects
of the authorized unit. There are also authorized to be appropriated
such sums as may be required for operation and maintenance of the works
of said unit.
TITLE II
OROVILLE- TONASKET UNIT, WASHINGTON
Sec. 201. For purposes of supplying water to approximately ten
thousand acres of land and for enhancement of the fish resource of the
Similkameen, Okanogan, and Columbia Rivers and the Pacific Ocean, the
Secretary of the Interior (hereinafter referred to as the " Secretary")
is authorized to construct, operate, and maintain the Oroville-Tonasket
unit extension, Okanogan-Similameen division, Chief Joseph Dam project,
Washington, in accordance with the Federal reclamation laws (Act of June
17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary
thereto). 43 USC 391 note. The principal works of the
Oroville-Tonasket unit extension (hereinafter referred to as the
project) shall consist of pumping plants, distribution systems;
necessary works incidental to the rehabilitation or enlargement of
portions of the existing irrigation system to be incorporated in the
project; drainage works; and measures necessary to provide fish
passage and propagation in the Similkameen River. Irrigation works
constructed and rehabilitated by the United States under the Act of
October 9, 1962 (76 Stat. 761) and which are not required as a part of
the project shall be dismantled and removed with funds appropriated
hereunder and title to the lands and right-of-way thereto which were
conveyed to the United States shall be reconveyed to the
Oroville-Tonasket Irrigation District. All other irrigation works which
are a part of the Oroville-Tonasket Irrigation District's existing
system and which are not required as a part of the project or that do
not have potential as rearing areas for fish shall be dismantled and
removed with funds appropriated hereunder.
Sec. 202. The Secretary is authorized to terminate the contract of
December 26, 1964, between the United States and the Oroville-Tonasket
Irrigation District and to execute new contracts for the payment of
project costs, including the then unpaid obligation under the December
26, 1964, contract. Such contracts shall be entered into pursuant to
section 9 of the Act of August 4, 1939 (53 Stat. 1187). 43 USC 485h.
The term of such contract shall be fifty years, exclusive of any
development period authorized by law. The contracts for irrigation
water may provide for the assessment of an account charge for each
identifiable ownership receiving water from the project. Such charge,
together with the acreage or acre-foot charge, shall not exceed the
repayment capacity of commercial family-size farm enterprises as
determined on the basis of studies by the Secretary. Project
construction costs covered by contracts entered into pursuant to section
9(d) of the Act of August 4, 1939, as determined by the Secretary, and
which are beyond the ability of the irrigators to repay shall be charged
to and returned to the reclamation fund in accordance with the
provisions of section 2 of the Act of June 14, 1966 (80 Stat. 200), as
amended by section 6 of the Act of September 7, 1966 (80 Stat. 707).
The aforesaid contract shall provide that irrigation costs properly
assignable to privately owned recreational lands shall be repaid in full
within fifty years with interest.
Sec. 203. Power and energy required for irrigation water pumping for
the project, including existing irrigation works retained as a part of
the project, shall be made available by the Secretary from the Federal
Columbia River power system at charges determined by him.
Sec. 204. The provision of lands, facilities, and any project
modifications which furnish fish and wildlife benefits in connection
with the project shall be in accordance with the Federal Water Project
Recreation Act (79 Stat. 213), 16 USC 460l-12 note. as amended. All
costs allocated to the anadromous fish species shall be nonreimbursable.
Sec. 205. For a period of ten years from the date of enactment of
this title, no water from the project authorized by this title shall be
delivered to any water user for the production on newly irrigated lands
of any basic agricultural commodity, as defined in the Agricultural Act
of 1949 (63 Stat. 1051; 7 U.S.C. 1421), 7 USC 1421 note. or any
amendment thereof, if the total supply of such commodity for the
marketing year in which the bulk of the crop would normally be marketed
is in excess of the normal supply as defined in section 301(b)(10) of
the Agricultural Adjustment Act of 1938 (62 Stat. 1251; 7 U.S.C.
1301), as amended, unless the Secretary of Agriculture calls for an
increase in production of such commodity in the interest of national
security.
Sec. 206. The interest rate used for purposes of computing interest
during construction and, where appropriate, interest on the unpaid
balance of the reimbursable obligations assumed by non-Federal entities
shall be determined by the Secretary of the Treasury, as of the
beginning of the fiscal year in which construction is initiated, on the
basis of the computed average interest rate payable by the Treasury upon
its outstanding marketable public obligations which are neither due nor
callable for redemption from fifteen years from the date of issue.
Sec. 207. The provisions of the third sentence of section 46 of the
Act of May 25, 1926 (44 Stat. 649, 650), 43 USC 423e. and any other
similar provisions of Federal reclamation laws as applied to the
Oroville-Tonasket unit, are hereby modified to provide that lands held
in a single ownership which may be eligible to receive water from,
through, or by means of unit works shall be limited to one hundred and
sixty acres of class I land or the equivalent thereof in other land
classes as determined by the Secretary of the Interior.
Sec. 208. There is hereby authorized to be appropriated for
construction of the works and measures authorized by this title for the
fiscal year 1978 and thereafter the sum of $39,370,000 (January 1976
prices), plus or minus such amounts, if any, as may be required by
reason of changes in the cost of construction work of the types involved
therein as shown by engineering cost indexes. There are also authorized
to be appropriated such sums as may be required for the operation and
maintenance of the project.
TITLE III
UINTAH UNIT, UTAH
Sec. 301. Pursuant to the authorization for construction, operation,
and maintenance of the Uintah unit, central Utah project, Utah, as
provided in section 1 of the Act of April 11, 1956 (70 Stat. 105), 43
USC 620. as amended by section 501(a) of the Colorado River Basin
Project Act (82 Stat. 897), 43 USC 620, 620 note, 620a, 620k note.
there is authorized to be appropriated for fiscal year 1978 and
thereafter, for the construction of said Uintah unit, the sum of
$90,247,000 (based on January 1976 price levels) plus or minus such
amounts, if any, as may be required by reason of changes in construction
costs as indicated by engineering cost indexes applicable to the type of
construction involved.
Sec. 302. Notwithstanding any other provision of law, lands held in
a single ownership which may be eligible to receive water from, through,
or by means of the Uintah works shall be limited to one hundred and
sixty acres of class I land or the equivalent thereof in other land
classes, as determined by the Secretary of the Interior.
TITLE IV
AMERICAN CANAL EXTENSION, EL PASO, TEXAS
Sec. 401. The Secretary of the Interior, acting pursuant to the
Federal reclamation laws (Act of June 17, 1902; 32 Stat. 388, 43 USC
391 note. and Acts amendatory thereof and supplementary thereto), in
order to salvage water losses, eliminate hazards to public safety, and
to facilitate compliance with the convention between the United States
and Mexico concluded May 21, 1906, providing for the equitable division
of the waters of the Rio Grande, is authorized as a part of the Rio
Grande project, New Mexico-Texas, to construct, operate, and maintain,
wholly within the United States, extensions of the American Canal
approximately thirteen miles in total length, commencing in the vicinity
of International Dam, El Paso, Texas, and extending to Riverside
Heading; together with laterals, pumping plants, wasteways, and
appurtenant facilities as required to assure continuing irrigation
service to the project. Existing facilities no longer required for
project service shall be removed or obliterated as a part of the program
herein authorized.
Sec. 402. Construction of the American Canal extension shall not be
undertaken until the Secretary of the Interior has entered into a
repayment contract with the El Paso County Water Improvement District
Number 1, in which said irrigation district contracts to repay to the
United States, for fifty years, an annual sum representing the value of
eleven thousand six hundred acre-feet of salvaged water at a price per
acre-foot established by the Secretary on the basis of an up-to-date
payment capacity determination. Costs of the American Canal in excess
of those repaid by the El Paso County Water Improvement District Number
1 shall be nonreimbursable and nonreturnable in recognition of benefits
accruing to public safety and international considerations.
Sec. 403. There is hereby authorized to be appropriated for fiscal
year 1978 and thereafter for construction of the American Canal
extension the sum of $21,714,000 (January 1976 price levels), plus or
minus such amounts, if any, as may be required by reason of changes in
the cost of construction work of the types involved therein as shown by
engineering cost indexes. There are also authorized to be appropriated
such sums as may be required for the operation and maintenance of the
project.
TITLE V
ALLEN CAMP UNIT, CALIFORNIA
Sec. 501. For the purposes of providing irrigation water supplies,
controlling floods, conserving and developing fish and wildlife
recources, enhancing outdoor recreation opportunities, and for other
related purposes, the Secretary of the Interior, acting pursuant to the
Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388 43 USC 391
note. and Acts amendatory thereof or supplementary thereto), is
authorized to construct, operate, and maintain the Allen Camp unit, Pit
River division, as an addition to, and an integral part of, the Central
Valley project, California. The principal works of the unit shall
consist of Allen Camp Dam and Reservoir and necessary water diversion,
conveyance, distribution, and drainage facilities, and other appurtenant
works for the delivery of water to the unit, a wildlife refuge, channel
rectification works and levees, and recreation facilities.
Sec. 502. Subject to the provisions of this title, the operation of
the Allen Camp unit shall be integrated and coordinated, from both a
financial and an operational standpoint, with the operation of other
features of the Central Valley project in such manner as will effectuate
the fullest, most beneficial, and most economic utilization of the water
resources hereby made available.
Sec. 503. Notwithstanding any provision of law, lands held in a
single ownership which may be eligible to receive water from, through,
or by means of the Allen Camp unit works shall be limited to one hundred
and sixty acres of class I land or the equivalent thereof in other land
classes, as determined by the Secretary of the Interior.
Sec. 504. The costs of the Allen Camp unit allocated to flood
control, conservation and development of fish and wildlife resources,
and the enhancement of recreation opportunities shall be
nonreimbursable.
Sec. 505. The Secretary is hereby authorized to replace those roads
and bridges now under the jurisdiction of the Secretary of Agriculture
which will be inundated or otherwise rendered unusable by construction
and operation of the unit. Said replacements are to be the standards
(including provisions for the future) which would be used by the
Secretary of Agriculture in constructing similar roads to provide
similar services.
Sec. 506. For a period of ten years from the date of enactment of
this title, no water from the unit authorized by this title shall be
delivered to any water user for the production on newly irrigated lands
of any basic agricultural commodity, as defined in the Agricultural Act
of 1949 (63 Stat. 1051; 7 U.S.C. 1421), 7 USC 1421 note. or any
amendment thereof, if the total supply of such commodity for the
marketing year in which the bulk of the crop would normally be marketed
is in excess of the normal supply as defined in section 301(b)(10) of
the Agricultural Adjustment Act of 1938 (62 Stat. 1251), 7 USC 1301. as
amended, unless the Secretary of Agriculture calls for an increase in
production of such commodity in the interest of national security.
Sec. 507. There is hereby authorized to be appropriated for fiscal
year 1978 and thereafter the sum of $64,220,000 (January 1976 price
levels) for the construction of the Allen Camp unit, plus or minus such
amounts as are justified by reason of ordinary fluctuations in
construction costs as indicated by engineering cost indexes applicable
to the construction of works related to the Allen Camp unit. There are
also authorized to be appropriated such sums as may be required to
operate and maintain said unit and associated facilities.
TITLE VI
LEADVILLE MINE DRAINAGE TUNNEL, COLORADO
Sec. 601. The Secretary of the Interior is authorized to
rehabilitate the federally owned Leadville Mine drainage tunnel, Lake
County, Colorado, by installing a conrete-lined, structural
steel-supported, eight-foot-diameter, horseshoe-shaped tunnel section
extending for an approximate distance of one thousand feet inward, from
the portal of said tunnel or for the distance required to enter
structurally competernt geologic formations. The Secretary is further
authorized to maintain the rehabilitated tunnel in a safe condition and
to monitor the quality of the tunnel discharge.
Sec. 602. There is authorized to be appropriated for fiscal year
1978 and thereafter $2,750,000 (January 1976 price levels) for the
rehabilitation of the tunnel. There is also authorized to be
appropriated such sums as are necessary for maintenance of the
rehabilitated tunnel, water quality monitoring and investigations
leading to recommendations for treatment measures if necessary to bring
the quality of the tunnel discharge into compliance with applicable
water quality statutes. All funds authorized to be appropriated by this
title, together with such sums as have been expended for emergency work
on the Leadville Mine drainage tunnel by the Bureau of Reclamation,
shall be nonreimbursable.
TITLE VII
M'GEE CREEK PROJECT, OKLAHOMA
Sec. 701. The Secretary of the Interior is authorized to construct,
operate, and maintain the Mc Gee Creek project, Oklahoma, in accordance
with the Federal Reclamation laws (Act of June 17, 1902, 32 Stat. 388,
43 USC 391 note. and Acts amendatory thereof or supplementary thereto)
and the provisions of this title for the purposes of storing,
regulating, and conveying water for municipal and industrial use,
conserving and developing fish and wildlife resources, providing outdoor
recreation opportunities, developing a scenic recreation area,
developing a wildlife management area and controlling floods. The
principal physical works of the project shall consist of a dam and
reservoir on Mc Gee Creek, appurtenant conveyance facilities and public
outdoor recreation facilities.
Sec. 702. To provide for the protection, preservation, use, and
enjoyment by the general public of the scenic and esthetic values of the
canyon area adjacent to the upper portion of the Mc Gee Creek Reservoir,
the Secretary of the Interior is hereby authorized to purchase privately
owned lands, not to exceed twenty thousand acres, for the aforesaid
scenic recreation and wildlife management areas. The Secretary of the
Interior is also authorized to construct such facilities as he
determines to be appropriate for utilization of the scenic and wildlife
management areas for the safety, health, protection, and compatible use
by the visiting public.
Sec. 703. The Secretary of the Interior shall make such rules and
regulations as are necessary to carry out the provisions and intent of
section 702 of this title and may enter into an agreement or agreements
with a non-Federal public body or bodies for operation and maintenance
of the scenic recreational and wildlife management areas.
Sec. 704. The interest rate used for computing interest during
construction and interest on the unpaid balance of the reimbursable
costs of the project shall be determined by the Secretary of the
Treasury, as of the beginning of the fiscal year in which construction
of the project is commenced, on the basis of the computed average
interest rate payable by the Treasury upon its outstanding marketable
public obligations which are neither due nor callable for redemption for
fifteen years from date of issue.
Sec. 705. (a) The Secretary of the Interior is authorized to enter
into a contract with a qualified entity or entities, for delivery of
water and for repayment of all the reimbursable construction costs. All
costs of acquiring, developing, operating, and maintaining the scenic
recreation and wildlife management areas authorized by section 702 of
this title shall be nonreimbursable.
(b) Construction of the project shall not be commenced until the
contracts and agreements required by this title have been entered into.
(c) Upon execution of the contract referred to in section 705(a) of
this title, and upon completion of construction of the project, the
Secretary of the Interior shall transfer to a qualified contracting
entity or entities the care, operation, and maintenance of the project
works; and, after such transfer is made, will reimburse, subject to
such amounts as may be provided in the appropriation Acts, the
contractor annually for that portion of the year's operation and
maintenance costs, which, if the United States had continued to operate
the project, would have been nonreimbursable. Prior to assuming care,
operation, and maintenance of the project works the contracting entity
or entities shall agree to operate them in accordance with regulations
prescribed by the Secretary of the Army with respect to flood control,
and by the Secretary of the Interior with respect to fish, wildlife, and
recreation.
(d) Upon execution of the contract reffered to in section 705(a) of
this title, and upon completion of construction of the project, the
contracting entity or entities, their designee or designees, shall have
a permanent right to use the reservoir and related facilities of the Mc
Gee Creek project in accordance with said contract.
Sec. 706. The conservation and development of the fish and wildlife
resources, and the enhancement of recreation opportunities in connection
with the Mc Gee Creek project, except the scenic recreation and wildlife
management areas authorized by section 702 of this title, shall be in
accordance with provisions of the Federal Water Project Recreation Act
(79 Stat. 213), 16 USC 460l-12 note. as amended.
Sec. 707. There is hereby authorized to be appropriated for fiscal
year 1978 and thereafter, for construction of the Mc Gee Creek project
the sum of $83,239,000 (January 1976 price levels), plus or minus such
amounts, if any, as may be justified by reason of ordinary fluctuations
in construction costs as indicated by engineering cost indexes
applicable to the type of construction involved herein. There are also
authorized to be appropriated such additional sums as may be required
for the operation and maintenance of the project.
Approved September 28, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1382 accompanying H.R. 14578 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 94 - 1122 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Aug. 6, considered and passed Senate.
Aug. 26, considered and passed House, amended, in lieu of H.R.
14578.
Sept. 13, Senate concurred in House amendments.
PUBLIC LAW 94-422, 90 STAT, 1313
94th Congress, S. 327
September 28, 1976
An Act
To amend the Land and Water Conservation Fund Act of 1965, as amended,
to establish the National Historc Preservation Fund, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--LAND AND WATER CONSERVATION FUND
Sec. 101. The Land and Water Conservation Fund Act of 1965 (78 Stat.
987), as amended (16 U.S.C. 4601 - 4 et seq.), 16 USC 460l-5. is
further amended as follows:
(1) Amend section 2 to read as follows:
" Sec. 2. Separate Fund.--During the period ending September 30,
1989, there shall be covered into the land and water conservation fund
in the Treasury of the United States, which fund is hereby established
and is hereinafter referred to as the 'fund', the following revenues and
collections:
"(a) Surplus Property Sales.--All proceeds (except so much thereof as
may be otherwise obligated, credited, or paid under authority of those
provisions of law set forth in section 485(b)(e), title 40, United
States Code, or the Independent Offices Appropriation Act, 1963 (76
Stat. 725) or in any later appropriation Act) hereafter received from
any disposal of surplus real property and related personal property
under the Federal Property and Administrative Services Act of 1949, as
amended, 40 USC 471 note. notwithstanding any provision of law that
such proceeds shall be credited to miscellaneous receipts of the
Treasury. Nothing in this Act shall affect existing laws or regulations
concerning disposal of real or personal surplus property to schools,
hospitals, and States and their political subdivisions.
"(b) Motorboat Fuels Tax.-- The amounts provided for in section 201
of this Act. 16 USC 460l-11.
"(c)(1) Other Revenues.--In addition to the sum of the revenues and
collections estimated by the Secretary of the Interior to be covered
into the fund pursuant to this section, as amended, there are authorized
to be appropriated annually to the fund out of any money in the Treasury
not otherwise appropriated such amounts as are necessary to make the
income of the fund not less than $300,000,000 for fiscal year 1977,
$600,000,000 for fiscal year 1978, $750,000,000 for fiscal year 1979,
and $900,000,000 for fiscal year 1980 and for each fiscal year
thereafter through September 30, 1989.
"(2) To the extent that any such sums so appropriated are not
sufficient to make the total annual income of the fund equivalent to the
amounts provided in clause (1), an amount sufficient to cover the
remainder thereof shall be credited to the fund from revenues due and
payable to the United States for deposit in the Treasury as
miscellaneous receipts under the Outer Continental Shelf Lands Act, as
amended (43 U.S.C. 1331 et seq.): Provided, That notwithstanding the
provisions of section 3 of this Act, 16 USC 460l-6. moneys covered into
the fund under this paragraph shall remain in the fund until
appropriated by the Congress to carry out the purpose of this Act.".
(2) Amend section 5 to read as follows:
" ALLOCATION OF LAND AND WATER CONSERVATION FUND FOR STATE AND FEDERAL
PURPOSES
" Sec. 5. 16 USC 460l-7. Allocation.--There shall be submitted with
the annual budget of the United States a comprehensive statement of
estimated requirements during the ensuing fiscal year for appropriations
from the fund. Not less than 40 per centum of such appropriations shall
be available for Federal purposes.".
(3) Amend section 6 to read as follows:
" FINANCIAL ASSISTANCE TO STATES
" Sec. 6. 16 USC 460l-8. General Authority; Purposes.--(a) The
Secretary of the Interior (hereinafter referred to as the ' Secretary')
is authorized to provide financial assistance to the States from moneys
available for State purposes. Payments may be made to the States by the
Secretary as hereafter provided, subject to such terms and conditions as
he considers appropriate and in the public interest to carry out the
purposes of this Act, for outdoor recreation: (1) planning, (2)
acquisition of land, waters, or interests in land or waters, or (3)
development.
"(b) Apportionment Among States; Notification.--Sums appropriated
and available for State purposes for each fiscal year shall be
apportioned among the several States by the Secretary, whose
determination shall be final, in accordance with the following formula:
"(1) Forty per centum of the first $225,000,000; thirty per
centum of the next $275,000,000; and twenty per centum of all
additional appropriations shall be apportioned equally among the
several States; and
"(2) At any time, the remaining appropriation shall be
apportioned on the basis of need to individual States by the
Secretary in such amounts as in his judgement will best accomplish
the purposes of this Act. The determination of need shall include
among other things a consideration of the proportion which the
population of each State bears to the total population of the
United States and of the use of outdoor recreation resources of
individual States by persons from outside the State as well as a
consideration of the Federal resources and programs in the
particular States.
"(3) The total allocation to an individual State under
paragraphs (1) and (2) of this subsection shall not exceed 10 per
centum of the total amount allocated to the several States in any
one year.
"(4) The Secretary shall notify each State of its
apportionments; and the amounts thereof shall be available
thereafter for payment to such State for planning, acquisition, or
development projects as hereafter prescribed. Any amount of any
apportionment that has not been paid or obligated by the Secretary
during the fiscal year in which such notification is given and for
two fiscal years thereafter shall be reapportioned by the
Secretary in accordance with paragraph (2) of this subsection,
without regard to the 10 per centum limitation to an individual
State specified in this subsection.
"(5) For the purposes of paragraph (1) of this subsection, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands (when such islands achieve Commonwealth status) shall be
treated collectively as one State, and shall receive shares of
such apportionment in proportion to their populations. The above
listed areas shall be treated as States for all other purposes of
this title.
"(c) Matching Requirements.--Payments to any State shall cover not
more than 50 per centum of the cost of planning, acquisition, or
development projects that are undertaken by the State. The remaining
share of the cost shall be borne by the State in a manner and with such
funds or services as shall be satisfactory to the Secretary. No payment
may be made to any State for or on account of any cost or obligation
incurred or any service rendered prior to the date of approval of this
Act.
"(d) Comprehensive State Plan Required; Planning Projects.--, A
comprehensive statewide outdoor recreation plan shall be required prior
to the consideration by the Secretary of financial assistance for
acquisition or development projects. The plan shall be adequate if, in
the judgment of the Secretary, it encompasses and will promote the
purposes of this Act: Provided, That no plan shall be approved unless
the Governor of the respective State certifies that ample opportunity
for public participation in plan development and revision has been
accorded. The Secretary shall develop, in consultation with others,
criteria for public participation, which criteria shall consititute the
basis for the certification by the Governor. The plan shall contain--,
"(1) the name of the State agency that will have authority to
represent and act for the State in dealing with the Secretary for
purposes of this Act;
"(2) an evaluation of the demand for and supply of outdoor
recreation resources and facilities in the State;
"(3) a program for the implementation of the plan; and
"(4) other necessary information, as may be determined by the
Secretary.
The plan shall take into account relevant Federal resources and programs
and shall be correlated so far as practicable with other State,
regional, and local plans. Where there exists or is in preparation for
any particular State a comprehensive plan financed in part with funds
supplied by the Housing and Home Finance Agency, any statewide outdoor
recreation plan prepared for purposes of this Act shall be based upon
the same population, growth, and other pertinent factors as are used in
formulating the Housing and Home Finance Agency financed plans.
" The Secretary may provide financial assistance to any State for
projects for the preparation of a comprehensive statewide outdoor
recreation plan when such plan is not otherwise available or for the
maintenance of such plan.
"(e) Projects for Land and Water Acquisition; Development.--, In
addition to assistance for planning projects, the Secretary may provide
financial assistance to any State for the following types of projects or
combinations thereof if they are in accordance with the State
comprehensive plan:
"(1) Acquisition of Land and Waters.--For the acquisition of
land, waters, or interests in land or waters (other than land,
waters, or interests in land or waters acquired from the United
States for less than fair market value), but not including
incidental costs relating to acquisition.
" 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
42 USC 4623 - 4626.
(84 Stat. 1894) 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.
42 USC 4601.
"(2) Development.--For development of basic outdoor recreation
facilities to serve the general public, including the development
of Federal lands under lease to States for terms of twenty-five
years or more: Provided, That no assistance shall be available
under this Act to enclose or shelter facilities normally used for
outdoor recreation activities, but the Secretary may permit local
funding, and after the date of enactment of this proviso not to
exceed 10 per centum of the total amount allocated to a State in
any one year to be used for sheltered facilities for swimming
pools and ice skating rinks in areas where the Secretary
determines that the severity of climatic conditions and the
increased public use thereby made possible justifies the
construction of such facilities.
"(f) Requirements for Project Approval; Condition.--(1) Payments may
be made to States by the Secretary only for those planning, acquisition,
or development projects that are approved by him. No payment may be
made by the Secretary for or on account of any project with respect to
which financial assistance has been given or promised under any other
Federal program or activity, and no financial assistance may given under
any other Federal program or activity for or on account of any project
with respect to which such assistance has been given or promised under
this Act. The Secretary may make payments from time to time in keeping
with the rate of progress toward the satisfactory completion of
individual projects: Provided, That the approval of all projects and
all payments, or any commitments relating thereto, shall be withheld
until the Secretary receives appropriate written assurance from the
State that the State has the ability and intention to finance its share
of the cost of the particular project, and to operate and maintain by
acceptable standards, at State expense, the particular properties or
facilities acquired or developed for public outdoor recreation use.
"(2) Payments for all projects shall be made by the Secretary to the
Governor of the State or to a State offical or agency designated by the
Governor or by State law having authority and responsibility to accept
and to administer funds paid hereunder for approved projects. If
consistent with an approved project, funds may be transferred by the
State to a political subdivision or other appropriate public agency.
"(3) No property acquired or developed with assistance under this
section shall, without the approval of the Secretary, be converted to
other than public outdoor recreation uses. The Secretary shall approve
such conversion only if he finds it to be in accord with the then
existing comprehensive statewide outdoor recreation plan and only upon
such conditions as he deems necessary to assure the substitution of
other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location.
"(4) No payment shall be made to any State until the State has agreed
to (1) provide such reports to the Secretary, in such form and
containing such information, as may be reasonably necessary to enable
the Secretary to perform his duties under this Act, and (2) provide such
fiscal control and fund accounting procedures as may be necessary to
assure proper disbursement and accounting for Federal funds paid to the
State under this Act.
"(5) Each recipient of assistance under this Act shall keep such
records as the Secretary shall prescribe, including records which fully
disclose the amount and the disposition by such recipient of the
proceeds of such assistance, the total cost of the project or
undertaking in connection with which such assistance is given or used,
and the amount and nature of that portion of the cost of the project or
undertaking supplied by other sources, and such other records as will
facilitate an effective audit.
"(6) The Secretary, and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
the purpose of audit and examination to any books, documents, papers,
and records of the recipient that are pertinent to assistance received
under this Act.
"(7) Each State shall evaluate its grant programs annually under
guidelines set forth by the Secretary and shall transmit such evaluation
to the Secretary, together with a list of all projects funded during
that fiscal year, including, but not limited to, a description of each
project, the amount of Federal funds employed in such project, the
source of other funds, and the estimated cost of completion of the
project. Such evaluation and the publication of same shall be eligible
for funding on a 50 - 50 matching basis. The results of the evaluation
shall be annually reported on a fiscal year basis to the Bureau of
Outdoor Recreation, which agency shall forward a summary of such reports
to the Committees on Interior and Insular Affairs of the United States
Congress. Such Report to the committees shall also include an analysis
of the accomplishments of the fund for the period reported, and may also
include recommendations as to future improvements for the operation of
the Land and Water Conservation Fund program.
"(8) With respect to property acquired or developed with assistance
from the fund, discrimination on the basis of residence, including
preferential reservaiton or membership systems, is prohibited except to
the extent that reasonable differences in admission and other fees may
be maintained on the basis of residence.
"(g) Coordination With Federal Agences.--In order to assure
consistency in policies and actions under this Act, with other related
Federal programs and activities (including those conducted pursuant to
title VII of the Housing Act of 1961 42 USC 1500. and section 701 of
the Housing Act of 1954) 40 USC 461. and to assure coordination of the
planning, acquisition, and development assistance to States under this
section with other related Federal programs and activities, the
President may issue such regulations with respect thereto as he deems
desirable and such assistance may be provided only in accordance with
such regulations.".
(4) Amend section 7 to read as follows:
" Sec. 7. 16 USC 460l-9. (a) Moneys appropriated from the fund for
Federal purposes shall unless otherwise alloted in the appropriation Act
making them available, be alloted by the President to the following
purposes and subpurposes:
"(1) For the acquisition of land, waters, or interests in land or
waters as follows:
" National park system; recreation areas.--Within the exterior
boundaries of areas of the National Park System now or hereafter
authorized or established and of areas now or hereafter authorized
to be administered by the Secretary of the Interior for outdoor
recreation purposes.
" National forest system.--Inholdings within (a) wilderness
areas of the National Forest System, and (b) other areas of
national forests as the boundaries of those forests exist on the
effective date of this Act, or purchase units approved by the
National Forest Reservation Commission subsequent to the date of
this Act, all of which other areas are primarily of value for
outdoor recreation purposes: Provided, That lands outside of but
adjacent to an existing national forest boundary, not to exceed
three thousand acres in the case of any one forest, which would
comprise an integral part of a forest recreational management area
may also be acquired with moneys appropriated from this fund:
Provided further, That except for areas specifically authorized by
Act of Congress, not more than 15 per centum of the acreage added
to the National Forest System pursuant to the section shall be
west of the 100th meridian.
" National wildlife refuge system.--Acquisition for (a)
endangered species and threatened species authorized under section
5(a) of the Endangered Species Act of 1973;
16 USC 1534.
(b) areas authorized by section 2 of the Act of September 28,
1962, as amended (16 U.S.C. 460k-1); (c) national wildlife refuge
areas under section 7(a)(5) of the Fish and Wildlife Act of 1956
(16 U.S.C. 742f(5)) except migratory waterfowl areas which are
authorized to be acquired by the Migratory Bird Conservation Act
of 1929, as amended (16 U.S.C. 715 - 715s); (d) any areas
authorized for the National Wildlife Refuge System by specific
Acts.
"(2) For payment into miscellaneous receipts of the Treasury as a
partial offset for those capital costs, if any, of Federal water
development projects hereafter authorized to be constructed by or
pursuant to an Act of Congress which are allocated to public recreation
and the enhancement of fish and wildlife values and financed through
appropriations to water resource agencies.
"(b) Acquisition Restriction.--Appropriations from the fund pursuant
to this section shall not be used for acquisition unless such
acquisition is otherwise authorized by law.".
(5) Amend section 8 to read as follows:
" Sec. 8. 16 USC 460l-10. Moneys derived form the sources listed in
section 2 of this Act shall not be availabe for publicity purposes:
Provided, however, That in each case where significant acquisition or
development is initiated, appropriate standardized temporary signing
shall be located on or near the affected site, to the extent feasible,
so as to indicate the action taken is a product of funding made
available through the Land and Water Conservation Fund. Such signing
may indicate the per centum and dollar amounts financed by Federal and
non-Federal funds, and that the source of the funding includes moneys
derived from Outer Continental Shelf receipts. The Secretary shall
prescribe standards and guidelines for the usage of such signing to
assure consistency of design and application.".
(6) Add the following new section:
" Sec. 12. 16 USC 460l-10d. Within one year of the date of
enactment of this section, the Secretary is authorized and directed to
submit to the Committees on Interior and Insular Affairs of the Senate
and House of Representatives a comprehensive review and report on the
needs, problems, and opportunities associated with urban recreation in
highly populated regions, including the resources potentially available
for meeting such needs. The report shall include site specific analyses
and alternatives, in a selection of geographic environments
representative of the Nation as a whole, including, but not limited to,
information on needs, local capabilities for action, major site
opportunities, trends, and a full range of options and alternatives as
to possible solutions and courses of action designed to preserve
remaining open space, ameliorate recreational deficiency, and enhance
recreational opportunity for urban populations, together with an
analysis of the capability of the Federal Government to provide
urban-oriented environmental education programs (including, but not
limited to, cultural programs in the arts and crafts) within such
options. The Secretary shall consult with, and request the views of,
the affected cities, counties, and States on the alternatives and
courses of action identified.".
TITLE II-- NATIONAL HISTORIC PRESERVATION FUND
Sec. 201. The Act of October 15, 1966 (80 Stat. 915), as amended (16
U.S.C. 470), is amended as follows:
(1) Amend section 102 to read as follows:
" Sec. 102. (a) No grant may be made under this Act--, 16 USC 470b.
"(1) unless application therefor is submitted to the Secretary
in accordance with regulations and procedures prescribed by him;
"(2) unless the application is in accordance with the
comprehensive statewide historic preservation plan which has been
approved by the Secretary after considering its relationship to
the comprehensive statewide outdoor recreation plan prepared
pursuant to the Land and Water Conservation Fund Act of 1965 (78
Stat. 897);
16 USC 460l-4 note.
"(3) for more than 50 per centum of the total cost involved, as
determined by the Secretary and his determination shall be final;
"(4) unless the grantee has agreed to make such reports, in
such form and containing such information as the Secretary may
from time to time require;
"(5) unless the grantee has agreed to assume, after completion
of the project, the total cost of the continued maintenance,
repair, and administration of the property in a manner
satisfactory to the Secretary; and
"(6) until the grantee has complied with such further terms and
conditions as the Secretary may deem necessary or advisable.
"(b) The Secretary may in his discretion waive the requirements of
subsection (a), paragraphs (2) and (5) of this section for any grant
under this Act to the National Trust for Historic Preservation in the
United States, in which case a grant to the National Trust may include
funds for the maintenance, repair, and adminstration of the property in
a manner satisfactory to the Secretary.
"(c) The Secretary may in his discretion waive the requirements of
paragraph (3) of subsection (a) of this section for the purposes of
making grants for the preparation of statewide preservation plans and
surveys and project plans. Any grant made pursuant to this subsection
may not exceed 70 per centum of the cost of a project, and the total of
such grants made pursuant to this subsection in any one fiscal year may
not exceed one-half of the funds appropriated for that fiscal year
pursuant to section 108 of this Act.
"(d) No State shall be permitted to utilize the value of real
property obtained before the date of approval of this Act in meeting the
remaining cost of a project for which a grant is made under this Act.".
(2) Amend section 103(a) 16 USC 470c. by deleting " Provided,
however, That the amount granted to any one State shall not exceed 50
per centum of the total cost of the comprehensive statewide historic
survey and plan for that State, as determined by the Secretary,".
(3) Amend section 106 16 USC 470f. by inserting after the words
"included in" the phrase "or eligible for inclusion in".
(4) Amend section 108 16 USC 470h. to read as follows:
" Sec. 108. To carry out the provisions of this Act, there is hereby
established the Historic Preservation Fund (hereafter referred to as the
'fund') in the Treasury of the United States.
" There shall be covered into such fund $24,400,000 for fiscal year
1977, $100,000,000 for fiscal year 1978, $100,000,000 for fiscal year
1979, $150,000,000 for fiscal year 1980, and $150,000,000 for fiscal
year 1981, from revenues due and payable to the United States under the
Outer Continental Shelf Lands Act (67 Stat. 462, 469), as amended (43
U.S.C. 338), 43 USC 1331 note. and/or under the Act of June 4, 1920 (41
Stat. 813), as amended (30 U.S.C. 191), notwithstanding any provision of
law that such proceeds shall be credited to miscellaneous receipts of
the Treasury. Such moneys shall be used only to carry out the purposes
of this Act and shall be available for expenditure only when
appropriated by the Congress. Any moneys not appropriated shall remain
available in the fund until appropriated for said purposes: Provided,
That appropriations made pursuant to this paragraph may be made without
fiscal year limitation.".
(5) Amend section 201 16 USC 470i. to read as follows:
" Sec. 201. (a) There is established as an independent agency of the
United States Government an Advisory Council on Historic Preservation
(hereinafter referred to as the ' Council') which shall be composed of
twenty-nine members as follows:
"(1) The Secretary of the Interior;
"(2) The Secretary of Housing and Urban Development;
"(3) The Secretary of Commerce;
"(4) The Administrator of the General Services Administration;
"(5) The Secretary of the Treasury;
"(6) The Attorney General;
"(7) The Secretary of Agriculture;
"(8) The Secretary of Transportation;
"(9) The Secretary of State;
"(10) The Secretary of Defense;
"(11) The Secretary of Health, Education, and Welfare;
"(12) The Chairman of the Council on Environmental Quality;
"(13) The Chairman of the Federal Council on the Arts and
Humanities;
"(14) The Architect of the Capitol;
"(15) The Secretary of the Smithsonian Institution;
"(16) The Chairman of the National Trust for Historic
Preservation;
"(17) The President of the National Conference of State
Historic Preservation Officers; and
"(18) Twelve appointed by the President from outside the
Federal Government. In making these appointments, the President
shall give due consideration to the selection of officers of State
and local governments and individuals who are significantly
interested and experienced in the matters to be considered by the
Council.
"(b) Each member of the Council specified in paragraphs (1) through
(17) of subsection (a) may designate another officer of his department,
agency, or organization to serve on the Council in his stead.
"(c) Each member of the Council appointed under paragraph (18) of
subsection (a) shall serve for a term of five years from the expiration
of his predecessor's term; except that the members first appointed
under that paragraph shall serve for terms of from one to five years, as
designated by the President at the time of appointment, in such manner
as to insure that the terms of not less than one nor more than two of
them will expire in any one year.
"(d) A vacancy in the Council shall not affect its powers, but shall
be filled in the same manner as the original appointment (and for the
balance of the unexpired term).
"(e) The Chairman and the Vice Chairman of the Council shall be
designated by the President. During the absence or disability of the
Chairman or when the office is vacant, the Vice Chairman shall act in
the place of the Chairman.
"(f) Fifteen members of the Council shall constitute a quorum.".
(6) Amend section 204 16 USC 470l. by deleting the term "(10)" in
the first sentence and inserting in lieu thereof the term "(17)", and by
striking the term "(11)" in the second sentence and inserting in lieu
thereof the term "(18)".
(7) Amend section 205 16 USC 470m. to read as follows:
" Sec. 205. (a) There shall be an Executive Director of the Council
who shall be appointed in the competitive service by the Chairman with
the concurrence of the Council. The Executive Director shall report
directly to the Council and perform such functions and duties as the
Council may prescribe.
"(b) The Council shall have a General Counsel, who shall be appointed
by the Executive Director. The General Counsel shall report directly to
the Executive Director and serve as the Council's legal advisor. The
Executive Director shall appoint such other attorneys as may be
necessary to assist the General Counsel, represent the Council in courts
of law whenever appropriate, assist the Department of Justice in
handling litigation concerning the Council in courts of law, and perform
such other legal duties and functions as the Executive Director and the
Council may direct.
"(c) The Executive Director of the Council may appoint and fix the
compensation of such officers and employees in the competitive service
as are necessary to perform the functions of the Council at rates not to
exceed that now or hereafter prescribed for the highest rate for grade
15 of the General Schedule under section 5332 of title 5, United States
Code: Provided, however, That the Executive Director, with the
concurrence of the Chairman, may appoint and fix the compensation of not
to exceed five employees in the competitive service at rates not to
exceed that now or hereafter prescribed for the highest rate of grade 17
of the General Schedule under section 5332 of title 5, United States
Code.
"(d) The Executive Director shall have power to appoint and fix the
compensation of such additional personnel as may be necessary to carry
out its duties, without regard to the provisions of the civil service
laws and the Classification Act of 1949.
"(e) The Executive Director of the Council is authorized to procure
expert and consultant services in accordance with the provisions of
section 3109 of title 5, United States Code.
"(f) Financial and administrative services (including those related
to budgeting, accounting, financial reporting, personnel and
procurement) shall be provided the Council by the Department of the
Interior, for which payments shall be made in advance, or by
reimbursement, from funds of the Council in such amounts as may be
agreed upon by the Chairman of the Council and the Secretary of the
Interior: Provided, That the regulations of the Department of the
Interior for the collection of indebtedness of personnel resulting from
erroneous payments (5 U.S.C. 46e) shall apply to the collection of
erroneous payments made to or on behalf of a Council employee, and
regulations of said Secretary for the administrative control of funds
(31 U.S.C. 665(g)) shall apply to appropriations of the Council: And
provided further, That the Council shall not be required to prescribe
such regulations.
"(g) The members of the Council specified in paragraphs (1) through
(16) of section 201(a) shall provide the Council, with or without
reimbursement as may be agreed upon by the Chairman and the members,
with such funds, personnel, facilities, and services under their
jurisdiction and control as may be needed by the Council to carry out
its duties, to the extent that such funds, personnel, facilities, and
services are requested by the Council and are otherwise available for
that purpose. To the extent of available appropriations, the Council
may obtain, by purchase, rental, donation, or otherwise, such additional
property, facilities, and services as may be needed to carry out its
duties.".
(8) Amend section 206 16 USC 470n. (c) to read as follows:
"(c) For the purposes of this section there are authorized to be
appropriated not more than $175,000 per year for fiscal years 1977,
1978, and 1979: Provided, That no appropriation is authorized and no
payment shall be made to the Centre in excess of 25 per centum of the
total annual assessment of such organization.".
(9) Add the following new sections:
" Sec. 207. 16 USC 470o. So much of the personnel, property,
records, and unexpended balances of appropriations, allocations, and
other funds employed, held, used, programed, or available or to be made
available by the Department of the Interior in connection with the
functions of the Council, as the Director of the Office of Management
and Budget shall determine, shall be transferred from the Department to
the Council within 60 days of the effective date of this Act.
" Sec. 208. 16 USC 470p. Any employee in the competitive service of
the United States transferred to the Council under the provisions of
this section shall retain all the rights, benefits, and privileges
pertaining thereto held prior to such transfer.
" Sec. 209. 16 USC 470q. The Council is exempt from the provisions
of the Federal Advisory Committee Act (86 Stat. 770), 5 USC app. I. and
the provisions of the Administrative Procedure Act (80 Stat. 381) 5 USC
note prec. 551. shall govern the operations of the Council.
" Sec. 210. 16 USC 470r. Whenever the Council transmits any
legislative recommendations, or testimony, or comments on legislation to
the President or the Office of Management and Budget, it shall
concurrently transmit copies thereof to the House Committee on Interior
and Insular Affairs and the Senate Committee on Interior and Insular
Affairs. No officer or agency of the United States shall have any
authority to require the Council to submit its legislative
recommendations, or testimony, or comments on legislation to any officer
or agency of the United States for approval, comments, or review, prior
to the submission of such recommendations, testimony, or comments to the
Congress. In instances in which the Council voluntarily seeks to obtain
the comments or review of any officer or agency of the United States,
the Council shall include a description of such actions in its
legislative recommendations, testimony, or comments on legislation which
it transmits to the Congress.
" Sec. 211. 16 USC 470s. The Council is authorized to promulgate
such rules and regulations as it deems necessary to govern the
implementation of section 106 of this Act.
" Sec. 212. 16 USC 470t. (a) The Council shall submit its budget
annually as a related agency of the Department of the Interior. To
carry out the provisions of this title, there are authorized to be
appropriated not more than $1,500,000 in fiscal year 1977, $1,750,000 in
fiscal year 1978, and $2,000,000 in fiscal year 1979.
"(b) Whenever the Council submits any budget estimate or request to
the President or the Office of Management and Budget, it shall
concurrently transmit copies of that estimate or request to the House
and Senate Appropriations Committees and the House Committee on Interior
and Insular Affairs and the Senate Committee on Interior and Insular
Affairs.".
Sec. 202. Section 5316 of title 5 of the United States Code is
amended by adding at the end thereof the following new paragraph:
"(135) Executive Director, Advisory Council on Historic
Preservation.".
TITLE III-- STATES OIL SHALE FUNDS
Sec. 301. Section 35 of the Act of February 25, 1920 (41 Stat.
450), as amended (30 U.S.C. 191), is further amended by striking the
period at the end of the proviso and inserting in lieu thereof the
language as follows: ": And provided further, That all moneys paid to
any State from sales, bonuses, royalties, and rentals of oil shale in
public lands may be used by such State and its subdivisions for
planning, construction, and maintenance of public facilities, and
provision of public services, as the legislature of the State may
direct, giving priority to those subdivisions of the State socially or
economically impacted by the development of the resource.".
Approved September 28, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1021 accompanying H.R. 12234 (Comm. on
Interior and Insular Affairs) and No. 94 - 1468 (Comm. of Conference).
SENATE REPORT No. 94 - 367 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Oct. 29, considered and passed Senate.
Vol. 122 (1976): May 5, considered and passed House, amended,
in lieu of H.R. 12234. Sept. 10, House agreed to conference
report. Sept. 13, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 12, No. 40 (1976): Sept. 28, Presidential statement.
PUBLIC LAW 94-421, 90 STAT, 1303
94th Congress, H.R. 8603
September 24, 1976
An Act
To amend title 39, United States Code, with respect to the
organizational and financial matters of the United States Postal Service
and the Postal Rate Commission, 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 " Postal Reorganization Act Amendments of 1976".
Sec. 2. (a) Section 2401(b) of title 39, United States Code, is
amended by striking out paragraph (3). 39 USC 101 note.
(b) Section 2401 of title 39, United States Code, is amended by
adding at the end thereof the following new subsections:
"(d)(1) There is authorized to be appropriated to the Postal Service
for fiscal year 1976 and for the period beginning July 1, 1976, and
ending September 30, 1976, the amount of $500,000,000 to be applied
against the accumulated operating indebtedness of the Postal Service as
of September 30, 1976.
"(2) There is authorized to be appropriated to the Postal Service for
fiscal year 1977 the amount of $500,000,000 to be applied against the
accumulated operating indebtedness of the Postal Service as of September
30, 1977.
"(e) During the period beginning on the date of the appropriation of
the funds under subsection (d)(1) and ending on the date on which the
Commission on Postal Service is required to transmit the final report
required under section 7(f)(1) of the Postal Reorganization Act
Amendments of 1976 to the President and each House of Congress, the
Postal Service shall not--,
"(1) have in effect any permanent or temporary rate of postage
or fee for postal services exceeding the rates and fees in effect
on the date of enactment of the Postal Reorganization Act
Amendments of 1976;
"(2) provide levels and types of postal services which are less
than the levels and types of services provided on July 1, 1976;
"(3) close any post office where 35 or more families regularly
receive their mail and which was providing service on July 1,
1976; or
"(4) close any post office where fewer than 35 families receive
their mail and which was providing service on July 1, 1976, unless
the Postal Service receives the written consent of at least 60
percent of the regular patrons of such office who are at least 18
years of age.
"(f) During the period beginning on the date of the appropriation of
the funds under subsection (d)(1) and ending on the date on which the
Commission on Postal Service is required to transmit the final report
required under section 7(f)(1) of the Postal Reorganization Act
Amendments of 1976 to the President and each House of Congress, the
Postal Service shall provide door delivery or curbline delivery to all
permanent residential addresses (other than apartment building
addresses) to which service is begun on or after the date of enactment
of the Postal Reorganization Act Amendments of 1976.
"(g) The Postal Service shall present to the Committees on Post
Office and Civil Service and the Committees on Appropriations of the
Senate and the House of Representatives, at the same time it submits its
annual budget under section 2009 of this title, 39 USC 2009. sufficient
copies of the budget of the Postal Service for the fiscal year for which
funds are requested to be appropriated, and a comprehensive statement
relating to the following matters:
"(1) the plans, policies, and procedures of the Postal Service
designed to comply with all of the provisions of section 101 of
this title;
39 USC 101.
"(2) postal operations generally, including data on the speed
and reliability of service provided for the various classes of
mail and types of mail service, mail volume, productivity, trends
in postal operations, and analyses of the impact of internal and
external factors upon the Postal Service;
"(3) a listing of the total expenditures and obligations
incurred by the Postal Service for the most recent fiscal year for
which information is available, an estimate of the total
expenditures and obligations to be incurred by the Postal Service
during the fiscal year for which funds are requested to be
appropriated, and the means by which these estimated expenses will
be financed; and
"(4) such other matters as the committees may determine
necessary to ensure that the Congess is fully and currently
consulted and informed on postal operations, plans, and policies.
Not later than March 15 of each year, the Postal Service shall appear
before the Committees on Post Office and Civil Service of the Senate and
the House of Representatives to submit information which any such
committee considers necessary to determine the amount of funds to be
appropriated for the operation of the Postal Service, and to present
testimony and respond to questions with respect to such budget and
statement. Each such committee shall take such action as it considers
appropriate and shall advise the Postal Service of such action.
"(h) The failure of the President to request the appropriation of any
part of the funds authorized by this section may not be deemed a failure
of appropriations. The failure of the President to request the
appropriation of any part of the funds authorized by this section shall
not relieve the Postal Service from the responsibility to comply with
the provisions of subsections (e) and (f) of this section.
"(i) The rates established under chapter 36 of this title 39 USC 3601
et seq. for zone-rated parcels formerly entered under former chapter 67
of this title shall not be more than 10 percent less than the rates for
such mail would be if the funds authorized under subsection (b) and (d)
of this section were not appropriated.".
(c) Section 2003 of title 39, United States Code, is amended by
adding at the end thereof the following new subsection:
"(f) Notwithstanding any other provision of this section, any amounts
appropriated to the Postal Service under subsection (d) of section 2401
of this title and deposited into the Fund shall be expended by the
Postal Service only for the purposes provided in such subsection.".
Sec. 3. (a) Section 3601 of title 39, United States Code, is amended
to read as follows:
" Sec. 3601. Establishment
"(a) The Postal Rate Commission is an independent establishment of
the executive branch of the Government of the United States. The
Commission is composed of 5 Commissioners, appointed by the President,
by and with the advice and concent of the Senate. The Commissioners
shall be chosen on the basis of their professional qualifications and
may be removed by the President only for cause. Not more than 3 of the
Commissioners may be adherents of the same political party.
"(b) A Commissioner may continue to serve after the expiration of his
term until his successor has qualified, except that a Commissioner may
not so continue to serve for more than 1 year after the date upon which
his term otherwise would expire under section 3602 of this title. 39
USC 3602.
"(c) One of the Commissioners shall be designated as Chairman by, and
shall serve in the position of Chairman at the pleasure of, the
President.
"(d) The Commissioners shall by majority vote designate a Vice
Chairman of the Commission. The Vice Chairman shall act as Chairman of
the Commission in the absence of the Chairman.".
(b) The provisions of section 3601(a) of title 39, 39 USC 3601 note.
United States Code, as amended by subsection (a) of this section, shall
not apply with respect to any Commissioner of the Postal Rate Commission
holding office on the date of the enactment of this Act, except that
such provisions shall apply to any appointment of such a Commissioner
occurring after the date of the enactment of this Act.
Sec. 4. Section 3604 of title 39, United States Code, is amended to
read as follows:
" Sec. 3604. Administration
"(a) The Chairman of the Postal Rate Commission shall be the
principal executive officer of the Commission. The Chairman shall
exercise or direct the exercise of all the executive and administrative
functions of the Commission, including functions of the Commission with
respect to (1) the appointment of personnel employed under the
Commission, except that the appointment of heads of major administrative
units under the Commission shall require the approval of a majority of
the members of the Commission, (2) the supervision of the personnel
employed under the Commission and the distribution of business among
them and among the Commissioners, and (3) the use and expenditure of
funds.
"(b) In carrying out any of his functions under this section, the
Chairman shall be governed by the general policies of the Commission.
"(c) The Chairman may obtain such facilities and supplies as may be
necessary to permit the Commission to carry out its functions. Any
officer or employee appointed under this section shall be paid at rates
of compensation and shall be entitled to programs offering employee
benefits established under chapter 10 or chapter 12 of this title, 39
USC 1001 et seq, 1201 et seq. as appropriate.
"(d)(1) The Commission shall periodically prepare and submit to the
Postal Service a budget of the Commission's expenses, including, but not
limited to, expenses for facilities, supplies, compensation, and
employee benefits. The budget shall be considered approved--,
"(A) as submitted if the Governors fail to act in accordance
with subparagraph (B) of this paragraph; or
"(B) as adjusted if the Governors holding office, by unanimous
written decision, adjust the total amount of money requested in
the budget.
Subparagraph (B) shall not be construed to authorize the Governors to
adjust any item included within the budget.
"(2) Expenses incurred under any budget approved under paragraph (1)
of this subsection shall be paid out of the Postal Service fund
established under section 2003 of this title. 39 USC 2003. 39 USC 410,
1001 et seq.
"(e) The provisions of section 410 and chapter 10 of this title shall
apply to the Commission, as appropriate.".
Sec. 5. (a) Section 3624 of title 39, United States Code, is amended
by redesignating subsection (c) as subsection (d) and by inserting
immediately after subsection (b) the following new subsection:
"(c)(1) Except as provided by paragraph (2) of this subsection, in
any case in which the Postal Service makes a request under section 3622
of this title 39 USC 3622. for a recommended decision by the Commission
on changes in a rate or rates of postage or in a fee or fees for postal
services the Commission shall transmit its recommended decision to the
Governors under subsection (d) of this section no later than 10 months
after receiving any such request from the Postal Service.
"(2) In any case in which the Commission determines that the Postal
Service has unreasonably delayed consideration of a request made by the
Postal Service under section 3622 by failing to respond within a
reasonable time to any lawful order of the Commission, the Commission
may extend the 10-month period described in paragraph (1) of this
subsection by one day for each day of such delay.".
(b) The amendment made by subsection (a) 39 USC 3624 note. of this
section shall not apply to any action or proceeding with respect to the
recommended decision of the Postal Rate Commission relating to proposed
changes in rates of postage, and in fees for postal services, requested
on September 18, 1975, by the United States Postal Service in a request
which bears, or which at any time has been included under, Postal Rate
Commission Docket Number R76-1.
Sec. 6. (a) Section 3641 of title 39, United States Code, is amended
to read as follows:
" Sec. 3641. Temporary changes in rates and classes
"(a) In any case in which the Postal Rate Commission fails to
transmit a recommended decision on a change in rates of postage or in
fees for postal services to the Governors in accordance with section
3624(c) of this title, the Postal Service may establish temporary
changes in rates of postage and in fees for postal services in
accordance with the proposed changes under consideration by the
Commission. Such temporary changes may take effect upon such date as
the Postal Service may determine, except that such temporary changes may
take effect only after 10 days' notice in the Federal Register.
"(b) Any temporary rate or fee established by the Postal Service
under subsection (a) of this section shall be in accordance with the
policies of this title and shall not exceed such amount as may be
necessary for sufficient revenues to assure that the total estimated
income, including appropriations, of the Postal Service shall, to the
extent practicable, be equal to the total estimated costs of the Postal
Service.
"(c) Notwithstanding the provisions of subsection (b) of this
section, the Postal Service may not establish any temporary rate for a
class of mail or any temporary fee for a postal service which is more
than the permanent rate or fee requested for such class or postal
service by the Postal Service under section 3622 of this title.
"(d) Any temporary change in rates of postage or in fees for postal
services made by the Postal Service under this section shall remain in
effect no longer than 150 days after the date on which the Commission
transmits its recommended decision to the Governors under section 3624(
d) of this title, 39 USC 3624. unless such temporary change is
terminated by the Governors before the expiration of such period.
"(e) If the Postal Rate Commission does not transmit to the Governors
within 90 days after the Postal Service has submitted, or within 30 days
after the Postal Service has resubmitted, to the Commission a request
for a recommended decision on a change in the mail classification
schedule (after such schedule is established under section 3623 of this
title), 39 USC 3623. the Postal Service, upon 10 days' notice in the
Federal Register, may place into effect temporary changes in the mail
classification schedule in accordance with proposed changes under
consideration by the Commission. Any temporary change shall be
effective for a period ending not later than 30 days after the
Commission has transmitted its recommended decision to the Governors.
"(f) If, under section 3628 of this title, 39 USC 3628. a court
orders a matter returned to the Commission for further consideration,
the Postal Service, with the consent of the Commission, may place into
effect temporary changes in rates of postage, and fees for postal
services, or in the mail classification schedule.".
(b)(1) The amendment made by subsection (a) 39 USC 3641 note. of
this section shall not apply to any action or proceeding with respect to
the recommended decision of the Postal Rate Commission relating to
proposed changes in rates of postage and in fees for postal services
requested on September 18, 1975, by the United States Postal Service in
a request which bears, or which at any time has been included under,
Postal Rate Commission Docket Number R76-1.
(2) The provisions of section 3641 of title 39, United States Code,
as such provisions were in effect on the day before the date of the
enactment of this Act, shall apply to any temporary rate or fee
established by the Postal Service pursuant to its request to the Postal
Rate Commission, dated September 18, 1975, for a recommended decision,
bearing Docket Number R76-1.
Sec. 7. (a)(1) 39 USC 3661 note. There is hereby established the
Commission on Postal Service (hereinafter in this section referred to as
the " Commission"). The Commission shall be composed of 7 members, to
be selected as follows:
(A) 3 appointed by the President of the United States, of whom
one shall be appointed as chairman;
(B) 2 appointed by the President pro tempore of the Senate, of
whom one shall be an individual who is a member of the work force
of the United States Postal Service; and
(C) 2 appointed by the Speaker of the House of Representatives,
of whom one shall be an individual who is a member of the work
force of the United States Postal Service.
The Postmaster General of the United States and the Chairman of the
Postal Rate Commission shall serve as ex officio members of the
Commission, without the right to vote.
(2) The members of the Commission shall be appointed within 15 days
following the date of the enactment of this Act. In the event that all
of the members of the Commission have not been appointed at the close of
such 15-day period, a majority of the members appointed to the
Commission shall constitute a quorum for the conduct of business by the
Commission.
(3) Any vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner as the original appointment.
(b) The Commission shall identify and study the problems facing the
United States Postal Service and recommend actions to be taken to
resolve those problems. The Commission shall not be limited to any
particular subject areas for consideration but the Commission--,
(1) shall identify and study the public service aspects of the
United States Postal Service, shall recommend to what extent and
by what means such aspects may be defined and costs thereof
reasonably estimated, and shall, insofar as practicable, identify
any difference between--,
(A) the costs that the Postal Service should reasonably be
expected to incur in providing postal services in accordance
with the policies of title 39, 39 USC 101 et seq.
United States Code, and
(B) the revenues that the Postal Service may reasonably be
expected to receive from rates and fees for postal services, with
due consideration to the fact that demands for postal services may
be reflected by changes in the levels of such rates and fees;
(2) shall determine the extent to which the public service
aspects of the Postal Service shall be supported by appropriations
and shall recommend a plan for such appropriations with due
consideration being given to--,
(A) the economic and social benefits of the postal system to
the user and recipient of the mail,
(B) the relative economic ability of the users of various
classes of mail to absorb the costs of the postal system,
(C) the extent to which the costs of maintaining a system which
would provide a reasonable degree of regular postal services to
the entire public without regard to individual usage, and the
degree to which such costs should be borne by the public generally
rather than by mail users in particular,
(D) the relative economic and social benefits of other uses of
private and public funds, and
(E) the need of the Postal Service for adequate and dependable
funding and for systematic planning and rate-making to provide
efficient and economical postal services in accordance with the
policies of title 39, United States Code;
(3) shall study the desirability and feasibility of--,
(A) the ratemaking procedures established under title 39,
United States Code, particularly the functions and
responsibilities of the Postal Rate Commission, and shall develop
recommendations for more expeditious and economical procedures
that are responsive to the needs of the Postal Service and the
public, including, if the Commission recommends the abolition of
the Postal Rate Commission, a method of assuring that changes in
postal rates shall be reviewed independently outside the Postal
Service,
(B) a system in which changes in postal rates shall not exceed
changes in consumer prices unless greater changes in such rates
are approved by a body independent of the Postal Service,
(C) the ratemaking criteria established by section 3622(b) of
title 39, United States Code, and
(D) a statutory requirement for cost attributions to particular
classes of mail or types of mail service;
(4) shall review the appropriateness of current and future
service levels and the extent to which, if any, such levels should
be supported by appropriations; and
(5) shall review the long range impact of new electronic fund
transfers and communication techniques, the effect of such
transfers and techniques on mail volumes and revenues of the
Postal Service, and the feasibility of the Postal Service
operating such systems.
(c)(1) For purposes of carrying out its functions under this section,
the Commission may sit and act at such times and places and receive such
evidence and testimony as it considers advisable.
(2) The Commission may secure directly from any department or agency
of the United States information and assistance necessary to carry out
its duties under this section. Each department or agency is authorized
and directed, to the extent permitted by law and within the limits of
available funds, to furnish information and assistance to the
Commission.
(3) When so authorized by the Commission, any member or agent of the
Commission may take any action which the Commission is authorized to
take by this section.
(4) All meetings, hearings, conferences, or other proceedings of the
Commission shall be open to the chairmen of the appropriate committees
of the Congress or their designees and reasonable notice of such
meetings or hearings shall be given to such chairmen or their designees.
(d)(1) Except as provided in paragraph (2), members of the Commission
each shall receive as compensation the daily equivalent of the annual
rate of basic pay in effect for Grade GS-18 5 USC 5332 note. for each
day (including traveltime) during which they are engaged in the actual
performance of duties vested in the Commission.
(2) 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.
(3) While away from their homes or regular places of business in the
performance of service for 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 of title
5, United States Code.
(e) The Commission may appoint and fix the compensation of such
personnel as it considers advisable without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and such personnel may be paid 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 et seq, 5332
et seq. but at a rate not to exceed the maximum rate authorized by the
General Schedule. The Commission may procure the services of experts
and consultants in accordance with section 3109 of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the annual rate of basic pay in effect for the maximum
rate authorized by the General Schedule.
(f)(1) The Commission shall transmit to the President and to each
House of the Congress a final report containing a detailed statement of
its findings and recommendations, together with any individual views, on
or before March 15, 1977.
(2) The Commission shall not be required to obtain the clearance of
any Federal agency before the transmittal of its report.
(g) The Commission shall cease to exist 60 days after the
transmission of its final report under subsection (f) of this section
and all offices and employment under it shall then expire.
(h) There are authorized to be appropriated to the Postal Service
Fund established under section 2003 of title 39, United States Code,
without fiscal year limitation, such sums as may be necessary to carry
out the provisions of this section. Expenses incurred by the Commission
shall be paid out of the Postal Service Fund.
Sec. 8. Section 3623(b) of title 39, United States Code, is amended
by striking out " Postal Service" the second place it appears therein
and inserting in lieu thereof " Governors".
Sec. 9. (a) Section 404 of title 39, United States Code, is amended
by inserting "(a)" immediately before " Without" and by adding at the
end thereof the following new subsection:
"(b)(1) The Postal Service, prior to making a determination under
subsection (a)(3) of this section as to the necessity for the closing or
consolidation of any post office, shall provide adequate notice of its
intention to close or consolidate such post office at least 60 days
prior to the proposed date of such closing or consolidation to persons
served by such post office to ensure that such person will have an
opportunity to present their views.
"(2) The Postal Service, in making a determination whether or not to
close or consolidate a post office, shall consider--,
"(A) the effect of such closing or consolidation on the
community served by such post office;
"(B) the effect of such closing or consolidation on employees
of the Postal Service employed at such office;
"(C) whether such closing or consolidation is consistent with
the policy of the Government, as stated in section 101(b) of this
title, that the Postal Service shall provide a maximum degree of
effective and regular postal services to rural areas, communities,
and small towns where post offices are not self-sustaining;
"(D) the economic savings to the Postal Service resulting from
such closing or consolidation; and
"(E) such other factors as the Postal Service determines are
necessary.
"(3) Any determination of the Postal Service to close or consolidate
a post office shall be in writing and shall include the findings of the
Postal Service with respect to the considerations required to be made
under paragraph (2) of this subsection. Such determination and finding
shall be made available to persons served by such post office.
"(4) The Postal Service shall take no action to close or consolidate
a post office until 60 days after its written determination is made
available to persons served by such post office.
"(5) A determination of the Postal Service to close or consolidate
any post office may be appealed by any person served by such office to
the Postal Rate Commission within 30 days after such determination is
made available to such person under paragraph (3). The Commission shall
review such determination on the basis of the record before the Postal
Service in the making of such determination. The Commission shall make
a determination based upon such review no later than 120 days after
receiving any appeal under this paragraph. The Commission shall set
aside any determination, findings, and conclusions found to be--,
"(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with the law;
"(B) without observance of procedure required by law; or
"(C) unsupported by substantial evidence on the record.
The Commission may affirm the determination of the Postal Service or
order that the entire matter be returned for further consideration, but
the Commission may not modify the determination of the Postal Service.
The Commission may suspend the effectiveness of the determination of the
Postal Service until the final disposition of the appeal. The
provisions of section 556, section 557, and chapter 7 of title 5 5 USC
556, 557, 701 et seq. shall not apply to any review carried out by the
Commission under this paragraph.".
(b) The amendments made by subsection (a) of this section 39 USC 404
note. shall take effect on the day after the date on which the
Commission on Postal Service transmits its final report under section
7(f)(1) of this Act.
Sec. 10. Section 3622(b) of title 39, United States Code, is amended
by striking out "and" at the end of paragraph (7), by redesignating
paragraph (8) as paragraph (9), and by inserting immediately after
paragraph (7) the following new paragraph:
"(8) the educational, cultural, scientific, and informational
value to the recipient of mail matter; and".
Sec. 11. Section 3626 of title 39, United States Code, is amended by
inserting "(a)" immediately before " If the rates" and by adding at the
end thereof the following new subsections:
"(b)(1) For the purposes of this title, the term 'periodical
publications', as used in former section 4351 of this title, include (A)
any catalog or other course listing, including mail announcements of
legal texts which are part of post-bar admission education issued by any
institution of higher education or by a nonprofit organization engaged
in continuing legal education; and (B) any looseleaf page or report
(including any index, instruction for filing, table, or sectional
identifier which is an integral part of such report) which is designed
as part of a looseleaf reporting service concerning developments in the
law or public policy.
"(2) Any material described in paragraph (1) of this subsection shall
qualify to be entered and mailed as second class mail in accordance with
the applicable provisions of former section 4352 through former section
4357 of this title.
"(3) For purposes of this subsection, the term 'institution of higher
education' has the meaning given it by section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141 (a)).
"(c) In the administration of this section, one conservation
publication published by an agency of a State which is responsible for
management and conservation of the fish or wildlife resources of such
State shall be considered a publication of a qualified nonprofit
organization which qualifies for rates of postage under former section
4358(d) of this title.
"(d) (1) For purposes of this title, the term 'agricultural', as used
in former sections 4358(j)(2), 4452(d), and 4554(b)(1)(B) of this title,
includes the art or science of cultivating land, harvesting crops or
marine resoures, or raising of livestock.
"(2) In the administration of this section, and for purposes of
former sections 4358(j)(2), 4452(d), and 4554(b)(1)(B) of this title,
agricultural organizations or associations shall include any
organization or association which collects and disseminates information
or materials relating to agricultural pursuits.".
Sec. 12. Section 3683 of title 39, United States Code, is amended by
inserting "(a)" immediately before " Notwithstanding any other
provision" and by adding at the end thereof the following new
subsection:
"(b) The rates for mail matter specified in former section 4554(a)
(1) or 4554(b)(2)(A) of this title, 39 USC 4554. when mailed from a
publisher or a distributor to a school, college, university, or library,
shall be the rate currently in effect for such mail matter under the
provisions of former section 4554(b)(1) of this title.".
Approved September 24, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 391 (Comm. on Post Office and Civil Service)
and No. 94 - 1444 (Comm. of Conference).
SENATE REPORT No. 94 - 966 (Comm. on Post Office and Civil Service).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Sept. 29, Oct. 30, considered and passed
House.
Vol. 122 (1976): Aug. 10, 23, 24, considered and passed
Senate, amended. Aug. 31, Senate agreed to conference report.
Sept. 10, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 12, No. 39 (1976): Sept. 24, Presidential statement.
PUBLIC LAW 94-420, 90 STAT, 1301
94th Congress, H.R. 9811
September 23, 1976
An Act
To designate the Veterans' Administration hospital in Madison,
Wisconsin, as the " William S. Middleton Memorial Veterans' Hospital",
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 Veterans'
Administration hospital at Madison, Wisconsin, shall hereafter be known
and designated as the " William S. Middleton Memorial Veterans'
Hospital". Any reference to such hospital in any law regulation,
document, record or other paper of the United States shall be deemed a
reference to the " William S. Middleton Memorial Veterans' Hospital".
Sec. 2. The Administrator of Veterans' Affairs is authorized to
provide such memorial at the above-named hospital as he may deem
suitable to preserve the remembrance of the late William S. Middleton.
Sec. 3. (a) In order to assist the Secretary of Health, Education,
and Welfare in carrying out the National Swine Flu Immunization Program
of 1976 pursuant to subsection (j) of section 317 of the Public Health
Service Act (42 U.S.C. 247b), 42 USC 247b note. as added by Public Law
94 - 380, Ninety-fourth Congress (August 12, 1976), 42 USC 201 note.
the Administrator of Veterans' Affairs, in accordance with the
provisions of such subsection (j), may authorize the administration of
vaccine, procured under such program and provided by the Secretary at no
cost to the Veterans' Administration, to eligible veterans (voluntarily
requesting such vaccine) in connection with the provision of care for a
disability under chapter 17 of title 38, United States Code, 38 USC 601.
in any health care facility under the jurisdiction of the
Administrator. In carrying out such program, the Secretary may provide
the Administrator with such vaccine at no cost to the Veterans'
Administration.
(b) Notwithstanding the provisions of subsection (k) of such section
317, any claim or suit for damages for personal injury or death, in
connection with the administration of vaccine as authorized by
subsection (a) of this section, allegedly arising from the malpractice
or negligence of personnel granted immunity under section 4116 of such
title 38 while in the exercise of their duties in or for the Department
of Medicine and Surgery of the Veterans' Administration, shall be
considered and processed in accordance with the provisions of such
section 4116, and the recovery authority provided the United States
under paragraph (7) of such subsetion (k) shall not be applicable to
such claims or suits.
Approved September 23, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 949 (Comm. on Veterans' Affairs).
SENATE REPORT No. 94 - 1163 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 5, considered and passed
House. Aug. 31, considered and passed Senate, amended. Sept. 14, House
concurred in Senate amendment.
PUBLIC LAW 94-419, 90 STAT, 1279
94th Congress, H.R. 14262
September 22, 1976
An Act
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 1977, 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 September 30, 1977, for
military functions administered by the Department of Defense, and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere); $8,564,011,000.
Military Personnel, Navy
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; $6,002,268,000.
Military Personnel, Marine Corps
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); $1,854,334,000.
Military Personnel, Air Force
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
termporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; $7,136,706,000.
Reserve Personnel, Army
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 Offecers' Training Corps, as
authorized by law; $469,919,000.
Reserve Personnel, Navy
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;
$215,010,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 265 of title 10, United States Code, or while
undergoing reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class, as
authorized by law; $78,173,000.
Reserve Personnel, Air Force
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; $163,807,000.
National Guard Personnel, Army
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;
$714,665,000.
National Guard Personnel, Air Force
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; $219,515,000.
TITLE II
RETIRED MILITARY PERSONNEL
Retired Pay, Defense
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 10 USC 1448 note. and chapter 73 of title 10,
United States Code; 10 USC 1431. $8,381,700,000.
TITLE III
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Army, as authorized by law; and not to exceed
$2,929,000 can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the Army, and
payments may be made on his certificate of necessity for confidential
military purposes; $7,898,285,000, of which not less than $480,000,000
shall be available only for the maintenance of real property facilities.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Navy and the Marine Corps, as authorized by law;
and not to exceed $4,462,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Navy, and payments may be made on his certificate
of necessity for confidential military purposes; $9,565,164,000, of
which not less than $243,000,000 shall be available only for the
maintenance of real property facilities: Provided, That of the total
amount of this appropriation made available for the alteration,
overhaul, and repair of naval vessels, not more than $1,733,085,000
shall be available for the performance of such work in Navy shipyards of
which not less than $22,000,000 shall be available for such work only at
the Ship Repair Facilities, Guam.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Marine Corps, as authorized by law;
$569,288,000, of which not less than $74,000,000 shall be available only
for the maintenance of real property facilities.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Air Force, as authorized by law; and not to
exceed $2,393,000 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; $8,107,077,000, of which
not less than $380,000,000 shall be available only for the maintenance
of real property facilities.
Operation and Maintenance, Defense Agencies
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, $897,130,000, of which $581,830,000 shall be
available only for the Civilian Health and Medical Program of the
Uniformed Services, and $242,800,000 shall be available only for
Overseas Dependents Education; for the organization of the Joint Chiefs
of Staff, $13,100,000; for the Office of Information for the Armed
Forces, $17,600,000; for the Defense Contract Audit Agency,
$72,500,000; for the Defense Investigative Service, $28,000,000; for
the Defense Mapping Agency, $198,400,000; for the Defense Nuclear
Agency, $24,500,000; for the Uniformed Services University of the
Health Sciences, $5,600,000; for the Defense Supply Agency,
$839,800,000; and for intelligence and communications activities,
$622,270,000; in all: $2,718,900,000: Provided, That of the total
amount of this appropriation, not to exceed $8,384,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of Defense, and payments may be made on
his certificate of necessity for confidential military purposes:
Provided further, That not less than $30,000,000 of the total amount of
this appropriation shall be available only for the maintenance of real
property facilities: Provided further, That the Secretary of 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.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including traning, organization, and administration, of
the Army Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications; $356,100,000, of which not less than $22,800,000 shall
be available only for the maintenance of real property facilities.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration,
of the Navy Reserve; repair of facilities and equipment; hire of
passenger motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment; and
communications; $288,000,000, of which not less than $13,500,000 shall
be available only for the maintenance of real property facilities.
Operation and Maintenance, Marine Corps Reserve
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; $14,800,000, of which not less than $500,000 shall
be available only for the maintenance of real property facilities.
Operation and Maintenance, Air Force Reserve
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; $350,700,000, of which not less than $8,000,000 shall
be available only for the maintenance of real property facilities.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard regulations
when specifically authorized by the Chief, National Guard Bureau;
supplying and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of supplies
and equipment (including aircraft); $706,200,000, of which not less
than $15,800,000 shall be available only for the maintenance of real
property facilities.
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, repair, and other necessary expenses
of facilities for the training and administration of the Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things; hire of passenger
motor vehicles; supplies, materials, and equipment, as authorized by
law for the Air National Guard; and expenses incident to the
maintenance and use of supplies, materials, and equipment, including
such as may be furnished from stocks under the control of agencies of
the Department of Defense; travel expenses (other than mileage) on the
same basis as authorized by law for Air National Guard personnel on
active Federal duty, for Air National Guard commanders while inspecting
units in compliance with National Guard regulations when specifically
authorized by the Chief, National Guard Bureau; $774,600,000, of which
not less than $8,800,000 shall be available only for the maintenance of
real property facilities.
Army Stock Fund
For the Army stock fund, $100,000,000.
Navy Stock Fund
For the Navy stock fund, $32,000,000.
Marine Corps Stock Fund
For the Marine Corps stock fund, $6,200,000.
Air Force Stock Fund
For the Air Force stock fund, $58,800,000.
Defense Stock Fund
For the Defense Agencies stock fund, $22,800,000.
National Board for the Promotion of Rifle Practice, Army
For the necessary expenses, in accordance with law, for construction,
equipment, and maintenance of rifle ranges; the instruction of citizens
in marksmanship; the promotion of rifle practice; and the travel of
rifle teams, military personnel, and individuals attending regional,
national, and international competitions; $291,000, of which amount not
to exceed $7,500 shall be available for incidental expenses of the
National Board; and from other funds provided in this Act, not to
exceed $329,000 worth of ammunition may be issued under authority of
title 10, United States Code, section 4311.
Claims, Defense
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; $82,500,000.
Contingencies, Defense
For emergency and Extraordinary expenses arising in the Department of
Defense, to be expended on the approval or authority of the Secretary of
Defense, and payments may be made on his certificate of necessity for
confidential military purposes; $2,500,000.
Court of Military Appeals, Defense
For salaries and expenses necessary for the United States Court of
Military Appeals; $1,239,000.
TITLE IV
PROCUREMENT
Aircraft Procurement, Army
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 interest therein, may be acquired, and construction prosecuted
thereon prior to approval of title as required by section 355, Revised
Statutes, 40 USC 255. as amended; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes; $541,900,000,
to remain available for obligation until September 30, 1979.
Missile Procurement, Army
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 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; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes; $497,400,000, to remain
available for obligation until September 30, 1979.
Procurement of Weapons and Tracked Combat Vehicles, Army
(INCLUDING TRANSFER OF FUNDS)
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, without regard to section 4774, title 10,
United States Code, for the foregoing purposes, and such lands and
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; reserve plant and
Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes; $1,089,800,000, and in addition
$27,800,000 which shall be derived by transfer from " Procurement of
Weapons and Tracked Combat Vehicles, Army, July 1, 1976/ 1978", to
remain available for obligation until September 30, 1979.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized in military construction authorization
Acts, and 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, 40 USC 255. as amended; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes; $902,900,000,
to remain available for obligation until September 30, 1979.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and nontracked combat vehicles;
the purchase of not to exceed two thousand seven hundred and sixty-five
passenger motor vehicles for replacement only; 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; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes; $1,366,600,000, to remain available for
obligation until September 30, 1979.
Aircraft Procurement, Navy
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 and private plants;
reserve plant and Government and contractor-owned equipment layaway;
$2,843,500,000, to remain available for obligation until September 30,
1979.
Weapons Procurement, Navy
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 and private plants;
reserve plant and Government and contractor-owned equipment layaway;
$2,022,200,000, to remain available for obligation until September 30,
1979.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long
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; 40
USC 255. as follows: for the Trident submarine program, $791,500,000;
for the SSN-688 nuclear attack submarine program, $958,700,000; for the
CG-26 U.S.S. Belknap conversion program, $213,000,000; for the CVN
nuclear attack aircraft carrier program, $350,000,000; for the U.S.S.
Long Beach conversion program, $371,000,000; for the FFG guided missile
frigate program, $1,179,500,000; for the AD destroyer tender program,
$260,400,000; for the AS submarine tender program, $260,900,000; for
the AO fleet oiler program, $102,300,000; for service craft,
outfitting, post delivery, cost growth, and escalation on prior year
programs, $1,707,700,000, in all: $6,195,000,000, to remain available
for obligation until September 30, 1981: 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.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance and ammunition
(except ordnance for new aircraft, new ships, and ships authorized for
conversion), purchase of not to exceed nine hundred and forty-nine
passenger motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title as required by section 355, Revised
Statutes, as amended; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway;
$2,173,400,000, to remain available for obligation until September 30,
1979.
Procurement, Marine Corps
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 and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and vehicles for the Marine Corps, including purchase of not to exceed
one hundred and fifty-four passenger motor vehicles for replacement
only; $328,400,000, to remain available for obligation until September
30, 1979.
Aircraft Procurement, Air Force
(INCLUDING TRANSFER OF FUNDS)
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, 40 USC 255.
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes including rents
and transportation of things; $6,067,700,000, and in addition,
$21,500,000, of which $8,600,000 shall be derived by transfer from "
Aircraft Procurement, Air Force, 1976/1978", and $12,900,000 which shall
be derived by transfer from " Aircraft Procurement, Air Force, July 1,
1976/1978", to remain available for obligation until September 30, 1979.
Until February 1, 1977, the obligation of funds appropriated in this
Act for the procurement of the B-1 bomber shall be limited to a
cumulative rate of not to exceed $87,000,000 per month.
Missile Procurement, Air Force
(INCLUDING TRANSFER OF FUNDS)
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 Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things; $1,827,700,000, and in addition, $33,300,000,
which shall be derived by transfer from " Missile Procurement, Air
Force, 1976/1978", to remain available for obligation until September
30, 1979.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed one
thousand two hundred and fifteen passenger motor vehicles of which one
thousand one hundred and ninety-four shall be for replacement only; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land without regard to section 9774 of title 10, United
States Code, for the foregoing purposes, and such lands and interests
therein may be acquired, and construction prosecuted thereon prior to
the approval of title as required by section 355, Revised Statutes, as
amended; 40 USC 255. reserve plant and Government and contractor-owned
equipment layaway; $2,309,700,000, to remain available for obligation
until September 30, 1979.
Procurement, Defense Agencies
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; purchase of three hundred and eighty-seven passenger
motor vehicles for replacement only; expansion of public and private
plants, equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to the approval of title as required by section
355, Revised Statutes, as amended; reserve plant and Government and
contractor-owned equipment layaway; $250,100,000, to remain available
for obligation until September 30, 1979.
TITLE V
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Research, Development, Test, and Evaluation, Army
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; $2,280,816,000, to remain available for obligation
until September 30, 1978.
Research, Development, Test, and Evaluation, Navy
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; $3,722,792,000, to remain available for obligation
until September 30, 1978.
Research, Development, Test, and Evaluation, Air Force
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; $3,749,530,000, to remain available for obligation
until September 30, 1978.
Research, Development, Test, and Evaluation, Defense Agencies
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; $651,280,000, to remain available for
obligation until September 30, 1978: 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 appropriation 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.
Director of Test and Evaluation, Defense
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;
$30,000,000, to remain available for obligation until September 30,
1978.
TITLE VI
SPECIAL FOREIGN CURRENCY PROGRAM
For payment in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States
for expenses in carrying out programs of the Department of Defense, as
authorized by law; $3,665,000, to remain available for obligation until
September 30, 1978: Provided, That this appropriation shall be
available in addition to other appropriations to such Department, for
payments in the foregoing currencies.
TITLE VII
GENERAL PROVISIONS
Sec. 701. No part 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.
Sec. 703. 31 USC 700. 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. 31 USC 649a. 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 pesons 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
sections 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 $248,000,000, 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 dependants: 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 administraton of occupied
areas; (c) for payment of rewards as authorized for the Navy by section
7209 (a) of title 10, United States Code, for information leading to the
discovery of missing naval property or the 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 national defense in accordance with section
210 of title 23, United States Code; (h) for the purchase of milk for
enlisted personnel of the Department 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. 22 USC 2385.
Sec. 708. 10 USC 858 note. Appropriations for the Department of
Defense for the current fiscal year shall be made 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
non-military facilities; (f) military courts, boards, and commissions;
(g) utility services for buildings erected at private cost, as
authorized by law, and buildings on military reservations authorized by
regulations to be used for welfare and recreational purposes; (h)
exchange fees, and losses in the accounts of disbursing 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), 10 USC
807 note. (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; and (k) expenses of
arrangements with foreign countries for cryptologic support.
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 and contracting agencies of the Department of Defense
information as to commodities and services produced and furnished by
small independent enterprises in the United States, and by otherwise
helping to give small business an opportunity to participate in the
furnishings 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 operaton 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 materiel, 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, 50 USC 100a. 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,
31 USC 665. whenever he deems such action to be necessary in the
interest of national defense.
(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.
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.
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. 40 USC 483a. 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. 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.
Sec. 719. 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, 31 USC 700a. 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. 720. 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. 721. 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 commisioned personnel who do not agree to remain on
active duty for two years after completion of such training.
Sec. 722. 10 USC 2103 note. 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. 723. No part of any appropriation contained in this Act, except
for small purchases in amounts not exceeding $10,000, shall be available
for the procurement of any article of food, clothing, cotton, woven silk
or woven silk blends, spun silk yarn for cartridge cloth, synthetic
fabric or coated synthetic fabric, or wool (whether in the form of fiber
or yarn or contained in fabrics, materials, or manufactured articles),
or specialty metals including stainless steel flatware, not grown,
reprocessed, reused, or produced in the United States or its
possessions, except to the extent that the Secretary of the Department
concerned shall determine that a satisfactory quality and sufficient
quantity of any articles of food or clothing or any form of cotton,
woven silk and woven silk blends, spun silk yarn for cartridge cloth,
synthetic fabric or coated synthetic fabric, wool, or specialty metals
including stainless steel flatware, grown, reprocessed, reused, or
produced in the United States or its possessions cannot be procured as
and when needed at United States market prices and except procurements
outside the United States in support of combat operations, procurements
by vessels in foreign waters, and emergency procurements or procurements
of perishable foods by establishments located outside the United States
for the personnel attached thereto: Provided, That nothing herein shall
preclude the procurement of foods manufactured or processed in the
United States or its possesions: 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. 724. 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. 725. 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. 726. 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. 727. 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).
Sec. 728. Funds provided in this Act for legislative liaison
activities of the Department of the Army, the Department of the Navy,
the Department of the Air Force, and the Office of the Secretary of
Defense shall not exceed $5,000,000 for the fiscal year 1977: 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. 729. 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. 730. 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; or (3) discharged
prior to completion of recruit training under honorable conditions for
dependency, hardship, minority, disability, or for the convenience of
the Government.
Sec. 731. No part of the funds appropriated herein shall be
available for paying the costs of advertising by any defense contractor,
except advertising for which payment is made from profits, and such
advertising shall not be considered a part of any defense contract cost.
The prohibition contained in this section shall not apply with respect
to advertising conducted by any such contractor, in compliance with
regulations which shall be promulgated by the Secretary of Defense,
solely for (1) the recruitment by the contractor of personnel required
for the performance by the contractor of obligations under a defense
contract, (2) the procurement of scarce items required by the contractor
for the performance of a defense contract, or (3) the disposal of scrap
or surplus materials acquired by the contractor in the performance of a
defense contract.
Sec. 732. 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 $75,000: 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. 733. 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 $750,000,000 of the appropriations or
funds available to the Department of Defense for military functions
(except military construction) between such appropriations or funds or
any subdivision thereof, to be merged with and to be available for the
same purposes, and for the same time period, as the appropriation or
fund to which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally appropriated and
in no case where the item for which funds are requested has been denied
by Congress: Provided further, That the Secretary of Defense shall
notify the Congress promptly of all transfers made pursuant to this
authority.
Sec. 734. 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. 735. 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, except the
transfers between a stock fund account and an industrial fund account
may not be made unless the Secretary of Defense has notified the
Congress of the proposed transfer. No obligations may be made against a
working capital fund to procure war reserve material inventory unless
the Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 736. 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. 737. 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. 738. 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. 739. None of the funds appropriated by this Act shall be
available for any research involving uninformed or nonvoluntary human
beings as experimental subjects.
Sec. 740. 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. 741. 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. 742. No funds appropriated in this Act shall be available to
pay claims for nonemergency inpatient hospital care provided under the
Civilian Health and Medical Program of the Uniformed Services for
services available at a facility of the uniformed services within a
40-mile radius of the patient's residence.
Sec. 743. None of the funds contained in this Act available for the
Civilian Health and Medical Program of the Uniformed Services under the
provisions of section 1079(a) of title 10, United States Code, shall be
available for (a) services of pastoral counselors, or family and child
counselors, or marital counselors unless the patient has been referred
to such counselor by a medical doctor for treatment of a specific
problem with results of that treatment to be communicated back to the
physician who made such referral; (b) special education, except when
provided as secondary to the active psychiatric treatment on an
institutional inpatient basis; (c) therapy or counseling for sexual
dysfunctions or sexual inadequacies; (d) treatment of obesity when
obesity is the sole or major condition treated; (e) reconstructive
surgery justified solely on psychiatric needs including, but not limited
to, mammary augmentation, face lifts, and sex gender changes; or (f)
any other service or supply which is not medically necessary to diagnose
and treat mental or physical illness, injury, or bodily malfunction as
diagnosed by a physician, dentist, or a clinical psychologist, as
appropriate.
Sec. 744. None of the funds appropriated in this Act may be expended
by the Department of the Army for design, procurement of plant
equipment, or construction of new ammunition plant facilities except in
areas in which existing ammunition plant facilities are being closed,
placed in layaway, or at which production has been curtailed.
Sec. 745. Funds appropriated in this Act shall be available for the
appointment, pay, and support of persons appointed as cadets and
midshipmen in the two-year Senior Reserve Officers' Training Corps
course in excess of the 20 percent limitation on such persons imposed by
section 2107(a) of title 10, United States Code, but not to exceed 60
percent of total authorized scholarships.
Sec. 745a. None of the funds appropriated in this Act shall be
available for the operation and support of more than four Naval
districts as established by sections 5221 and 5222, title 10, United
States Code, after June 30, 1977.
Sec. 746. None of the funds appropriated by this Act shall be
available to pay any member of the uniformed service for unused accrued
leave pursuant to section 501 of title 37, United States Code, for more
than sixty days of such leave, less the number of days for which payment
was previously made under section 501 after February 9, 1976.
Sec. 747. None of the funds appropriated in this Act may be used to
pay any claim over $5,000,000 against the United States, unless such
claim has been thoroughly examined and evaluated by officials of the
Department of Defense responsible for determining such claims and a
report is made to the Congress as to the validity of these claims.
Sec. 748. None of the funds appropriated by this Act may be used to
support more than 300 enlisted aides for officers in the United States
Armed Forces.
Sec. 749. No appropriation contained in this Act may be used to pay
for the cost of public affairs activities of the Department of Defense
in excess of $24,000,000.
Sec. 750. 31 USC 699b. Unless otherwise specified and during the
current fiscal year, no part of any appropriation contained in this or
any other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in continental United States unless
such person (1) is a citizen of the United States, (2) is a person in
the service of the United States on the date of enactment of this Act,
who, being eligible for citizenship, has filed a declaration of
intention to become a citizen of the United States prior to such date
and is actually residing in the United States, (3) is a person who owes
allegiance to the United States, (4) is an alien from Cuba, Poland, or
the Baltic countries lawfully admitted to the United States for
permanent residence, or (5) South Vietnamese refugees paroled into the
United States between January 1, 1975, and the date of enactment of this
Act: Provided, That, for the purpose of this section, an affidavit
signed by any such person shall be considered prima facie evidence that
the requirements of this section with respect to his status have been
complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction, shall be
fined not more than $4,000 or imprisoned for not more than one year, or
both: Provided further, That the above penal-clause shall be in
addition to, and not in substitution for, any other provisions of
existing law: Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be recoverable
in action by the Federal Government. This section shall not apply to
citizens of the Republic of the Philippines or to nationals of those
countries allied with the United States in the current defense effort,
or to temporary employment of translators, or to temporary employment in
the field service (not to exceed sixty days) as a result of emergencies.
TITLE VIII-- RELATED AGENCY
Intelligence Community Oversight
For necessary expenses for intelligence communtity oversight,
$5,600,000.
Central Intelligence Agency Retirement and Disability Fund
For payment to the Central Intelligence Agency Retirement and
Disability Fund, to maintain proper funding level for continuing the
operation of the Central Intelligence Agency Retirement and Disability
System, $28,300,000, subject to the enactment of legislation authorizing
such payment.
This Act may be cited as the " Department of Defense Appropriation
Act, 1977".
Approved September 22, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1231 (Comm. on Appropriations) and No. 94 -
1475 (Comm. of Conference).
SENATE REPORT No. 94 - 1046 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 122 (1976):
June 17, considered and passed House.
Aug. 2, 9, considered and passed Senate, amended.
Sept. 9, House agreed to conference report; receded and
concurred with amendments to certain Senate amendments.
Sept. 13, Senate agreed to conference report; concurred in
House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 39:
Sept. 22, Presidential statement.
PUBLIC LAW 94-418, 90 STAT, 1278
94th Congress, S. 3669
September 21, 1976
An Act
To provide for adjusting the amount of interest paid on funds deposited
with the Treasury of the United States as a permanent loan by the Board
of Trustees of the National Gallery of Art.
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 authorize the acceptance of a permanent loan to the United
States by the Board of Trustees of the National Gallery of Art, and for
other purposes", approved April 10, 1943 (20 U.S.C. 74a), is amended by
striking out "the rate of 4 per centum per annum," and inserting in lieu
thereof "a rate which is the higher of the rate of 4 per centum per
annum or a rate which is .25 percentage points less than a rate
determined by the Secretary of the Treasury, taking into consideration
the current average market yield on outstanding long-term marketable
obligations of the United States, adjusted to the nearest one-eighth of
1 per cuntum,".
Approved September 21, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1395 accompanying H.R. 14803 (Comm. on House
Administration).
SENATE REPORT No. 94 - 1139 (Comm. on Rules and Administration).
CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 25, considered and
passed Senate. Sept. 9, considered and passed House, in lieu of H.R.
14803.
PUBLIC LAW 94-417, 90 STAT, 1277
94th Congress, H.R. 10394
September 21, 1976
An Act
To amend title 38 of the United States Code to promote the care and
treatment of veterans in State veterans' homes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section 641 of
title 38, United States Code, is amended to read as follows:
" Secs. 641. Criteria for payment
"(a) The Administrator shall pay each State at the per diem rate
of--,
"(1) $5.50 for domiciliary care,
"(2) $10.50 for nursing home care, and
"(3) $11.50 for hospital care,
for each veteran receiving such care in a State home, if such veteran is
eligible for such care in a Veterans' Administration facility.
"(b) In no case shall the payments made with respect to any veteran
under this section exceed one-half of the cost of the veterans' care in
such State home.".
(b) Paragraph (19) of section 101 of title 38, United States Code, is
amended by striking out "of any war (including the Indian Wars)" in the
first sentence and "of any war" in the second sentence.
(c)(1) The amendments made by subsection (a) of this section shall be
effective on October 1, 1976.
(2) At the time of the first payment to a State under section 641 38
USC 641 note. of title 38, United States Code, as amended by subsection
(a) of this section, the Administrator of Veterans' Affairs shall pay
such State, in a lump sum, an amount equal to the difference between the
total amount paid each such State under such section 641 for care
provided by such State in a State home from January 1, 1976, to October
1, 1976, and the amount such State would have been paid for providing
such care if the amendment made by subsection (a) of this section had
been affective on January 1, 1976.
Approved September 21, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 705 (Comm. on Veterans' Affairs).
SENATE REPORT No. 94 - 1164 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Dec. 15, considered and passed House
Vol. 122 (1976): Aug. 30, considered and passed Senate,
amended. Sept. 9, House concurred in Senate amendment.
PUBLIC LAW 94-416, 90 STAT, 1275
94th Congress, S. 217
September 17, 1976
An Act
To repeal the Act of May 10, 1926 (44 Stat. 498), relating to the
condemnation of certain lands of the Pueblo Indians in the State of New
Mexico.
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 condemnation of the lands of the Pueblo
Indians in New Mexico for public purposes, and making the laws of the
State of New Mexico applicable in such proceedings", approved May 10,
1926 (44 Stat. 498), is hereby repealed.
Sec. 2. Immediately upon enactment of this Act, all proceedings and
actions pursuant to the Act of May 10, 1926 (44 Stat. 498), pending on
or commenced on the date of enactment of this Act shall be held and
considered to have terminated as of the date of enactment of this Act,
and thereafter to be of no force and effect: Provided, however, That
nothing herein shall be interpreted as terminating or otherwise
affecting any right of timely appeal (otherwise available but for the
enactment of this Act) from any such proceeding or action in which a
final decree or order has been entered before the date of enactment of
this Act.
Sec. 3. 25 USC 322. The Act of April 21, 1928 (45 Stat. 442), is
hereby amended by striking all after the enacting clause and inserting,
in lieu, the following: " That the provisions of the following
statutes:
" Sections 3 and 4 of the Act of March 3, 1901 (31 Stat. 1083
and 1084);
25 USC 319, 357, 311.
" The Act of March 2, 1899 (30 Stat. 990),
25 USC 312 - 318.
as amended;
" Sections 1 and 2 of the Act of March 11, 1904 (33 Stat. 65)
25 USC 321.
as amended; and
" The Act of February 5, 1948 (62 Stat. 17),
25 USC 323 - 328. are extended over and made applicable to the Pueblo
Indians of New Mexico and their lands, whether owned by the Pueblo
Indians or held in trust or set aside for their use and occupancy by
Executive order or otherwise, under such rules, regulations, and
conditions as the Secretary of the Interior may prescribe.
" Sec. 2. 25 USC 322a. Notwithstanding such provisions, the
Secretary of the Interior may, without the consent of the affected
Pueblo Tribes, grant one renewal for a period not to exceed ten years of
any right-of-way acquired through litigation initiated under the Act of
May 10, 1926 (44 Stat. 498), or by compromise and settlement in such
litigation, prior to January 1, 1975. The Secretary shall require, as
compensation for the Pueblo involved, the fair market value, as
determined by the Secretary, of the grant of such renewal. The
Secretary may grant such right-of-way renewal under this section only in
the event the owner of such existing right-of-way and the Pueblo Tribe
involved cannot reach agreement on renewal within ninety days after such
renewal is requested. Nothing in this section shall be deemed to
validate or authorize the renewal of a right-of-way which is otherwise
invalid by reason of the invalidity of the Act of May 10, 1926, on the
date said right-of-way was originally obtained.".
Approved September 17, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 800 (Comm. on Interior and Insular Affairs)
and No. 94 - 1439 (Comm. of Conference).
SENATE REPORT No. 94 - 148 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD:
Vol. 121 (1975): May 21, considered and passed Senate.
Vol. 122 (1976): Feb. 2, considered and passed House, amended.
Aug. 31, House agreed to conference report. Sept. 7, Senate
agreed to conference report.
PUBLIC LAW 94-415, 90 STAT, 1274
94th Congress, H.R. 6622
September 17, 1976
An Act
To provide for repair of the Del City aqueduct, a feature of the Norman
Federal reclamation project, Oklahoma.
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 hereby authorized to enter into an amendatory contract
with the Central Oklahoma Master Conservancy District, organized under
the laws of the State of Oklahoma, providing for an adjustment of the
payment obligations of the Central Oklahoma Conservancy District under
the contract of September 5, 1961, between said district and the United
States pursuant to an Act of June 27, 1960 (74 Stat. 225), 43 USC
615aa-615hh. said adjustment of repayment obligations to be equal to
the costs incurred by said district to repair the Del City aqueduct,
which, in the opinion of the Secretary of Interior, are in excess of the
costs of normal operation, maintenance, and replacement: Provided, That
any such costs shall be credited so as to reduce the repayment
obligation of said district annually at the end of the year during which
said costs are incurred.
Approved September 17, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 481 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 1179 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Oct. 6, considered and passed House.
Vol. 122 (1976): Sept. 7, considered and passed Senate.
PUBLIC LAW 94-414, 90 STAT, 1273
94th Congress, H.R. 5071
September 17, 1976
An Act
To amend section 584 of the Internal Revenue Code of 1954 with respect
to the treatment of affiliated banks for purposes of the common trust
fund provisions of such Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 26 USC 584. That
section 584 (a) of the Internal Revenue Code of 1954 (relating to common
trust funds) is amended by adding at the end thereof the following new
sentence: " For purposes of this subsection, two or more banks which
are members of the same affiliated group (within the meaning of section
1504) shall be treated as one bank for the period of affiliation with
respect to any fund of which any of the member banks is trustee or two
or more of the member banks are cotrustees.".
Sec. 2. 26 USC 584 note. The amendment made by the first section of
this Act shall apply to taxable years beginning after December 31, 1975.
SEC. 3. WITHHOLDING; ESTIMATED TAX PAYMENTS.
(a) Withholding.--,
(1) In general.--Section 3402(a) of the Internal Revenue Code
of 1954
26 USC 3402.
(relating to income tax collected at source) is amended by
striking out " September 15, 1976" and inserting in lieu thereof "
October 1, 1976".
(2) Technical amendment.--Section 209(c) of the Tax Reduction
Act of 1975
26 USC 3402 note.
is amended by striking out " September 15, 1976" and inserting in
lieu thereof " October 1, 1976".
(b) Estimated Tax Payments by Individuals.--Section 6153 (g) of such
Code 26 USC 6153. (relating to installment payments of estimated income
by individuals) is amended by striking out " September 15, 1976" and
inserting in lieu thereof " October 1, 1976".
(c) Estimated Tax Payments by Corporations.--Section 6154 (h) of such
Code 26 USC 6154. (relating to installment payments of estimated income
by corporations) is amended by striking out " September 15, 1976" and
inserting in lieu thereof " October 1, 1976".
Approved September 17, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 892 (Comm. on Ways and Means).
SENATE REPORT No. 94 - 1183 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 13, considered and passed
House. Sept. 14, considered and passed Senate, amended; House
concurred in Senate amendment.
PUBLIC LAW 94-413, 90 STAT, 1260
94th Congress, H.R. 8800
September 17, 1976
An Act
To authorize in the Energy Research and Development Administration a
Federal program of research, development, and demonstration designed to
promote electric vehicle technologies and to demonstrate the commercial
feasibility of electric vehicles.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 15 USC 2501 note. 15
USC 2501. That this Act may be cited as the " Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976."
SEC. 2. FINDINGS AND POLICY.
(a) The Congress finds and declares that--,
(1) the Nation's dependence on foreign sources of petroleum
must be reduced, as such dependence jeopardizes national security,
inhibits foreign policy, and undermines economic well-being;
(2) the Nation's balance of payments is threatened by the need
to import oil for the production of liquid fuel for
gasoline-powered vehicles;
(3) the single largest use of petroleum supplies is in the
field of transportation, for gasoline- and diesel-powered motor
vehicles;
(4) the expeditious introduction of electric and hybrid
vehicles into the Nation's transportation fleet would
substantially reduce such use and dependence;
(5) such introduction is practicable and would be advantageous
because--,
(A) most urban driving consists of short trips, which are
within the capability of electric and hybrid vehicles;
(B) much rural and agricultural driving of automobiles,
tractors, and trucks is within the capability of such vehicles;
(C) electric and hybrid vehicles are more reliable and
practical now than in the past because propulsion, control, and
battery technologies have improved, and further significant
improvements in such technologies are possible in the near term;
(D) electric and hybrid vehicles use little or no energy when
stopped in traffic, in contrast to conventional automobiles and
trucks;
(E) the power requirements of such vehicles could be satisfied
by charging them during off-peak periods when existing electric
generating plants are underutilized, thereby permitting more
efficient use of existing generating capacity;
(F) such vehicles do not emit any significant pollutants or
noise; and
(G) it is environmentally desirable for transportation systems
to be powered from central sources, because pollutants emitted
from stationary sources (such as electric generating plants) are
potentially easier to control than pollutants emitted from moving
vehicles; and
(6) the introduction of electric and hybrid vehicles would be
facilitated by the establishment of a Federal program of research,
development, and demonstration to explore electric and hybrid
vehicle technologies.
(b) It is therefore declared to be the policy of the Congress in this
Act to --,
(1) encourage and support accelerated research into, and
development of, electric and hybrid vehicle technologies;
(2) demonstrate the economic and technological practicability
of electric and hybrid vehicles for personal and commercial use in
urban areas and for agricultural and personal use in rural areas;
(3) facilitate, and remove barriers to, the use of electric and
hybrid vehicles in lieu of gasoline- and diesel-powered motor
vehicles, where practicable; and
(4) promote the substitution of electric and hybrid vehicles
for many gasoline- and diesel-powered vehicles currently used in
routine short-haul, low-load applications, where such substitution
would be beneficial.
SEC. 3.
15 USC 2502.
DEFINITIONS.
As used in this Act, the term--,
(1) " Administrator" means the Administrator of the Energy
Research and Development Administration;
(2) "advanced electric or hybrid vehicle" means a vehicle
which--,
(A) minimizes the total amount of energy to be consumed with
respect to its fabrication, operation, and disposal, and
represents a substantial improvement over existing electric and
hybrid vehicles with respect to the total amount of energy so
consumed;
(B) is capable of being mass-produced and operated at a cost
and in a manner which is sufficiently competitive to enable it to
be produced and sold in numbers representing a reasonable portion
of the market;
(C) is safe, damage-resistant, easy to repair, durable, and
operates with sufficient performance with respect to acceleration,
cold-weather starting, cruising speed, and other performance
factors; and
(D) at a minimum, can be produced, distributed, operated, and
disposed of in compliance with any applicable requirement of
Federal law;
(3) "commercial electric or hybrid vehicle" includes any
electric or hybrid vehicle which can be used (A) for business or
agricultural production purposes on farms (e.g. tractors and
trucks) or in rural areas, or (B) for commercial purposes in urban
areas;
(4) "electric vehicle" means a vehicle which is powered by an
electric motor drawing current from rechargeable storage
batteries, fuel cells, or other portable sources of electrical
current, and which may include a nonelectrical source of power
designed to charge batteries and components thereof;
(5) "hybrid vehicle" means a vehicle propelled by a combination
of an electric motor and an internal combustion engine or other
power source and components thereof;
(6) "project" means the Electric and Hybrid Vehicle Research,
Development, and Demonstration Project established under section
4(a);
(7) " Secretary" means the Secretary of Transportation; and
(8) "small business concern" shall have the meaning prescribed
by the Administrator after consultation with the Small Business
Administration.
SEC. 4.
15 USC 2503.
DUTIES OF THE ADMINISTRATOR.
(a) The Administrator shall promptly establish, as an organizational
entity within the Energy Research and Development Administration, the
Electric and Hybrid Vehicle Research, Development, and Demonstration
Project.
(b) The Administrator shall have the responsibility for the overall
management of the project. The Administrator may enter into any
agreement or other arrangement with the National Aeronautics and Space
Administration, the Department of Transportation, the National Science
Foundation, the Environmental Protection Agency, the Department of
Housing and Urban Development, the Department of Agriculture, or any
other Federal agency, pursuant to which such agency shall conduct such
specified parts or aspects of the project as the Administrator deems
necessary or appropriate and within the particular competence of such
agency, to the extent that such agency has capabilities which would
enable it to contribute to the success of the project and the attainment
of the purposes of this Act.
(c) In providing for the effective management of this project, the
Administrator shall have specific responsibility to--,
(1) promote basic and applied research on electric and hybrid
vehicle batteries, controls, and motors;
(2) determine optimum overall electric and hybrid vehicle
design;
(3) conduct demonstration projects with respect to the
feasibility of commercial electric and hybrid vehicles (A) by
contracting for the purchase or lease of electric and hybrid
vehicles for practical use, and (B) by entering into arrangements,
with other governmental entities and with nongovernmental
entities, for the operation of such vehicles;
(4) ascertain consumer needs and desires so as to match the
design of electric and hybrid vehicles to their potential market;
and
(5) ascertain the long-term changes in road design, urban
planning, traffic management, maintenance facilities, utility rate
structures, and tax policies which are needed to facilitate the
manufacture and use of electric and hybrid vehicles in accordance
with sections 13 and 14.
SEC. 5.
15 USC 2504.
COORDINATION BETWEEN THE ADMINISTRATOR
AND OTHER AGENCIES.
(a) In carrying out the project established under section 4, the
Administrator shall, to the maximum extent practicable, consult and
coordinate with the Secretary, with respect to any functions of the
Administrator under this Act which relate to regulatory activities or
other responsibilities of the Secretary, including safety and
damageability programs.
(b) Each department, agency, and instrumentality of the executive
branch of the Federal Government shall carefully consider any written
request from the Administrator, or the head of any agency to which the
Administrator has delegated responsibility for specified parts or
aspects of the project, to furnish such assistance, on a reimbursable
basis, as the Administrator or such head deems necessary to carry out
the project and to achieve the purposes of this Act. Such assistance
may include transfer of personnel with their consent and without
prejudice to their position and rating.
SEC. 6.
15 USC 2505.
RESEARCH AND DEVELOPMENT.
The Administrator, acting through appropriate agencies and
contractors, shall initiate and provide for the conduct of research and
development in areas related to electric and hybrid vehicles,
including--,
(1) energy storage technology, including batteries and their
potential for convenient recharging;
(2) vehicle control systems and overall design for energy
conservation, including the use of regenerative braking;
(3) urban design and traffic management to promote maximum
transportation-related energy conservation and minimum
transportation-related degradation of the environment; and
(4) vehicle design which emphasizes durability, length of
practical lifetime, ease of repair, and interchangeability and
replaceability of parts.
SEC. 7.
15 USC 2506.
DEMONSTRATIONS.
(a) Within 12 months after the date of enactment of this Act, the
Administrator shall develop data characterizing the present
state-of-the-art with respect to electric and hybrid vehicles. The data
so developed shall serve as baseline data to be utilized in order (1) to
compare improvements in electric and hybrid vehicle technologies; (2)
to assist in establishing the performance standards under subsection
(b)(1); and (3) to otherwise assist in carrying out the purposes of
this section. In developing any such data, the Administrator shall
purchase or lease a reasonable number of such vehicles or enter into
such other arrangements as the Administrator deems necessary to carry
out the purposes of this subsection.
(b)(1) Within 15 months after the date of enactment of this Act, the
Administrator shall promulgate rules establishing performance standards
for electric and hybrid vehicles to be purchased or leased pursuant to
subsection (c)(1). The standards so developed shall take into account
the factors of energy conservation, urban traffic characteristics,
patterns of use for "second" vehicles, consumer preferences, maintenance
needs, battery recharging characteristics, agricultural requirements,
materials demand and their ability to be recycled, vehicle safety and
insurability, cost, and other relevant considerations, as such factors
and considerations particularly apply to or affect vehicles with
electric or hybrid propulsion systems. Such standards are to be
developed taking into account (A) the best current state-of-the-art, and
(B) reasonable estimates as to the future state-of-the-art, based on
projections of results from the research and development conducted under
section 6. In developing such standards, the Administrator shall
consult with appropriate experts concerning design needs for electric
and hybrid vehicles which are compatible with long-range urban planning,
traffic management, and vehicle safety.
(2) Separate performance standards shall be established under
paragraph (1) with respect to (A) electric or hybrid vehicles for
personal use, and (B) commercial electric or hybrid vehicles. Such
performance standards shall represent the minimum level of performance
which is required with respect to any vehicles purchased or leased
pursuant to subsection (c). Initial performance standards under
paragraph (b)(1) shall be set at such levels as the Administrator
determines are necessary to promote the acquisition and use of such
vehicles for transportation purposes which are within the capability (as
determined by the Administrator) of electric and hybrid vehicles.
(3) Such performance standards shall be revised, by rule,
periodically as the state-of-the-art improves, except that rules
promulgated under paragraph (1) shall be amended not later than 6 months
prior to the date for contracts specified in subsection (c)(2).
(4) Before entering into contracts for the production of vehicles
under subsection (c)(2), the Administrator shall transmit to the Speaker
of the House of Representatives, the President of the Senate, the
Committee on Science and Technology of the House of Representatives, and
the Committee on Commerce of the Senate, the performance standards
developed under paragraph (1), as revised and currently in effect.
(c)(1) The Administrator shall, within 6 months after the date of
promulgation of performance standards pursuant to subsection (b)(1),
contract for the purchase or lease of 2,500 electric or hybrid vehicles
which satisfy the performance standards set forth under subsection (b)(
1). The delivery of such vehicles shall be completed within 39 months
after the date of enactment of this Act. If the Administrator
determines, on the basis of responses to the solicitation for proposals
for such contracts, that less than 2,500 of the electric or hybrid
vehicles which satisfy performance standards under subsection (b)(1)
will be available within such delivery period, the Administrator shall
(A) immediately forward this information along with a detailed
justification of such determination to the Speaker of the House of
Representatives, the President of the Senate, the Committee on Science
and Technology of the House of Representatives, and the Committee on
Commerce of the Senate, and (B) contract for the purchase or lease of
the maximum number of such vehicles (up to 2,500) that will be available
within such delivery period. To the extent practicable, vehicles
purchased or leased under such contracts shall represent a cross-section
of the available technologies and types of uses of such vehicles.
(2)(A) The Administrator shall, within 6 months after the required
amendment of such standards pursuant to subsection (b)(3), and not later
than 54 months after the date of enactment of this Act, contract for the
purchase or lease of 5,000 advanced electric or hybrid vehicles, which
satisfy such amended standards. The final delivery of such vehicles
shall be completed within 72 months after the date of enactment of this
Act. If the Administrator determines, on the basis of responses to the
solicitation for proposals for such contracts, that less than 5,000 of
the electric and hybrid vehicles which satisfy performance standards set
forth under subsection (b)(3) will be available within the delivery
period (including any extension under subparagraph (B)), the
Administrator shall (i) immediately forward this information along with
a detailed justification of such determination to the Speaker of the
House of Representatives, the President of the Senate, the Committee on
Science and Technology of the House of Representatives, and the
Committee on Commerce of the Senate, and (ii) contract for the purchase
or lease of the maximum number of such vehicles (up to 5,000) that will
be available during such delivery period. To the extent practicable,
vehicles purchased or leased under such contracts shall represent a
cross-section of the available technologies and types of uses of such
vehicles.
(B) The Administrator shall extend the delivery period for such
vehicles for a period not to exceed 6 additional months, if he finds
that such an extension in delivery date would result in the delivery of
advanced electric and hybrid vehicles which would add to the total
number of vehicles to be purchased or leased (up to 5,000) and which
would not otherwise be availabe. If the Administrator finds that such
an extension is appropriate and necessary for the delivery of such
vehicles, he shall so notify the Speaker of the House of
Representatives, the President of the Senate, the Committee on Science
and Technology of the House of Representatives, and the Committee on
Commerce of the Senate.
(d) The Administrator, in supervising the demonstration of vehicles
acquired under subsection (c), shall make such arrangements as may be
necessary or appropriate--,
(1)(A) to make such vehicles available to Federal agencies and
to State or local governments and other persons for individual or
business use (inluding farms). The individuals and businesses
involved shall be selected by an equitable process which assures
that the Administrator will receive accurate and adequate data on
vehicle performance, including representative geographical and
climatological information and data on user reaction to the
utilization of electric and hybrid vehicles. Such individuals and
businesses shall be given the option of purchasing or leasing such
vehicles under terms and conditions which will promote their
widespread use;
(B) to pay the differential operating costs of such vehicles to
the extent necessary to assure the adequate demonstration of such
vehicles;
(2) for demonstration maintenance projects, including
maintenance organization and equipment needs and model training
projects for maintenance procedures; and
(3) for the dissemination of data on electric and hybrid
vehicle safety and operating characteristics (including
nontechnical descriptive data which shall be made available by the
Government Printing Office) (A) to Federal, State, and local
consumer affairs agencies and groups; (B) to Federal, State, and
local agricultural and rural agencies and groups; and (C) to the
public.
(e)(1) At least 60 days prior to entering into any contract for the
purchase or lease of any electric or hybrid vehicle under subsection
(c)(1) or any advanced electric or hybrid vehicle under subsection (c)(
2), the Administrator shall determine (A) if the purchase or lease of
the number of such vehicles specified in such subsection (c) (1) or
(c)(2) will, with high probability, displace the normal level of private
procurement of such vehicles which would conform to the applicable
performance standards promulgated pursuant to subsection (b) and which
would be used in the United States, and (B) if such displacement will
occur, the necessary extent of such displacement in order to carry out
the purposes of this Act. At the time any such determination is made,
the Administrator shall transmit such determination, along with all
relevant information in support thereof, to the Committee on Science and
Technology of the House of Representatives and the Committee on Commerce
of the Senate.
(2) The Administrator shall reduce the number of vehicles for which
he shall contract for the purchase or lease under subsection (c)(1) or
(c)(2) by the number determined under paragraph (1) (A) as modified by
paragraph (1)(B), except in no event shall he contract for the purchase
or lease pursuant to subsection (c)(1) of less than 1,000 electric or
hybrid vehicles, and in no event shall he contract for the purchase or
lease pursuant to subsection (c)(2) of less than 2,500 advanced electric
or hybrid vehicles unless he determines on the basis of responses to the
solicitations for proposals for such contracts, under the provisions of
(c)(1) and (c)(2), that lesser numbers of such vehicles which satisfy
the applicable performance standards will be available within the
delivery periods. All other provisions of subsection (c) shall apply.
SEC. 8.
15 USC 2507.
CONTRACTS.
(a) The Administrator shall provide funds, by contract, to initiate,
continue, supplement, and maintain research, development, and
demonstration activities which are necessary to carry out the purposes
of the project. The Administrator may enter into such contracts with
any Federal agency, laboratory, university, nonprofit organization,
industrial organization, public or private agency, institution,
organization, corporation, partnership, or individual.
(b) In addition to the requirements of sections 4 and 5, the
Administrator, in the exercise of his duties and responsibilities under
this section, shall consult with the Department of Transportation, the
Environmental Protection Agency, the Federal Energy Administration, the
National Aeronautics and Space Administration, the Department of
Agriculture, and representatives of other appropriate Federal agencies,
and shall establish procedures for periodic consultation with
representatives of science, industry, and such other groups as may have
special expertise in electric and hybrid vehicle research, development,
and demonstration.
(c) Each contract under this section shall be entered into in
accordance with such rules as the Administrator may prescribe in
accordance with the provisions of this section. Each application for
funding shall be made in writing in such form and with such content and
other submissions as the Administrator shall require. The Administrator
may enter into contracts under this section without regard to section
3709 of the Revised Statutes (41 U.S.C. 5).
SEC. 9.
15 USC 2508.
ENCOURAGEMENT AND PROTECTION OF SMALL
BUSINESS.
(a) The Administrator shall take such steps as are feasible to assure
that small business concerns have a realistic and adequate opportunity
to participate in the project.
(b) To assist in accomplishing the objectives of subsection (a), the
Administrator shall reserve, for contracts with small business concerns,
a reasonable portion of the funds made availabe pursuant to this Act for
research, development, or demonstration of electric or hybrid vehicles.
(c) The Administrator shall, in addition to the requirements set
forth in subsections (a) and (b)--,
(1) include in all contracts for research, development, or
demonstration of electric or hybrid vehicles such terms,
conditions, and payment schedules as may assist in meeting the
needs of small business concerns, and shall take steps to avoid
the inclusion in such contracts of any terms, conditions, or
penalties which would tend to prevent such concerns from
participating in the program under this Act; and
(2) make planning grants available to qualified small business
concerns which require assistance in developing, submitting, and
entering into such contracts.
SEC. 10.
15 USC 2509.
LOAN GUARANTEES.
(a) It is the policy of the Congress to assist in the introduction
into the Nation's transportation fleet of electric and hybrid vehicles
and to assure that qualified small business concerns and other qualified
borrowers are not excluded from participation in such developement due
to lack of adequate capital. Accordingly, it is the policy of the
Congress to provide guarantees of loans made for such purposes.
(b) In order to encourage the commercial production of electric and
hybrid vehicles, the Administrator is authorized to guarantee, and to
enter into commitments to guarantee, principal and interest on loans
made by lenders to qualified borrowers, primarily small business
concerns, for the purposes of--,
(1) research and development related to electric and hybrid
vehicle technology;
(2) prototype development for such vehicles and parts
thereof;
(3) construction of capital equipment related to research on,
and development and production of, electric and hybrid vehicles
and components; or
(4) initial operating expenses associated with the development
and production of electric and hybrid vehicles and components.
(c) Any guarantee under this section shall apply only to so much of
the principal amount of the loan involved as does not exceed 90
percentum of the aggregate cost of the activity with respect to which
the loan is made.
(d) Loan guarantees under this section shall be on such terms and
conditions as the Administrator determines, except that a guarantee
shall be made under this section only if--,
(1) the loan bears interest at a rate not to exceed such annual
percent on the principal obligation outstanding as the
Administrator determines to be reasonable, taking into account the
range of interest rates prevailing in the private sector for
similar loans and risks by the United States;
(2) the terms of such loan require full repayment over a period
not to exceed 15 years;
(3) in the judgment of the Administrator, the amount of the
loan (when combined with amounts available to the qualified
borrower from other sources) will be sufficient to carry out the
activity with respect to which the loan is made;
(4) in the judgment of the Administrator, there is reasonable
assurance of repayment of the loan by the qualified borrower; and
(5) no loan shall be guaranteed by the Administrator under
subsection (b) unless the Administrator finds that no other
reasonable means of financing or refinancing is reasonably
available to the applicant.
(e)(1) The amount of the guarantee of any loan shall not exceed
$3,000,000, unless the Administrator finds that a higher guarantee level
for specific loan guarantees is necessary in order to carry out the
purposes of this Act. If the Administrator makes such finding, he shall
immediately report that finding to the Speaker of the House of
Representatives, the President of the Senate, the Committee on Science
and Technology of the House of Representatives, and the Committee on
Commerce of the Senate.
(2) The aggregate amount of guarantees outstanding under this section
at any one time shall not exceed $60,000,000.
(f) As used in this section, the term "qualified borrower" means any
partnership, corporation, or other legal entity which (as determined by
the Administrator) has presented satisfactory evidence of an interest in
electric or hybrid vehicle technology and is capable of performing
research or completing the development and production of electric or
hybrid vehicles or any components thereof in an acceptable manner.
(g)(1) With respect to any loan guaranteed pursuant to this section,
the Administrator is authorized to enter into a contract to pay, and to
pay, the lender for and on behalf of the borrower the interest charges
which become due and payable on the unpaid balance of any such loan if
the Administrator finds--,
(A) that the borrower is unable to meet interest charges, that
it is in public interest to permit the borrower to continue to
pursue the purposes of his project, and that the probable net cost
to the Federal Government in paying such interest will be less
than that which would result in the event of a default; and
(B) that the amount of such interest charges which the
Administrator is authorized to pay shall be no greater than the
amount of interest which the borrower is obligated to pay under
the loan agreement.
(2) In the event of any default by a qualified borrower on a
guaranteed loan, the Administrator is authorized to make payment in
accordance with the guarantee, and the Attorney General shall take such
action as may be appropriate to recover the amounts of such payments
(including any payment of interest under paragraph (1)) from such assets
of the defaulting borrowers as are associated with the activity with
respect to which the loan was made or from any other surety included in
the terms of the guarantee.
(h) No loan guarantee shall be made, or interest assistance contracts
entered into, pursuant to this section, after the expiration of the
5-year period following the date of enactment of this Act.
(i) An applicant seeking a guarantee under this section must be a
citizen or national of the United States. A corporation, partnership,
firm, or association shall not be deemed to be a citizen or national of
the United States unless the Administrator determines that it
satisfactorily meets all the requirements of section 2 of the Shipping
Act of 1916 (46 U.S.C. 802), for determining such citizenship, except
that the provisions in subsection (a) of such section 2 concerning (1)
the citizenship of officers or directors of a corporation, and (2) the
interest required to be owned in the case of a corporation, association,
or partnership operating a vessel in the coastwise trade, shall not be
applicable. The Administrator, in consultation with the Secretary of
State, may waive such requirements in the case of a corporation,
partnership, firm, or association, controlling interest in which is
owned by citizens of countries which are participants in the
International Energy Agreement.
SEC. 11.
15 USC 2510.
USE OF ELECTRIC AND HYBRID VEHICLES BY
FEDERAL AGENCIES.
The Postmaster General of the United States Postal Service, the
Administrator of the General Services Administration, the Secretary of
Defense, and the heads of other Federal agencies shall--,
(1) carry out a study of the practicability of using electric
and hybrid vehicles in the performance of some or all of the
functions of their agencies; and
(2) arrange for the introduction of electric and hybrid
vehicles into their fleets as soon as possible.
For competitive procurement purposes in purchasing such vehicles,
life-cycle costing and any beneficial air pollution control
characteristics of electric and hybrid vehicles shall be fully taken
into account. If the head of the agency involved determines that
electric or hybrid vehicles are technologically practicable, but that
they are not completely economically competitive with conventional
vehicles, the Administrator may, for purposes of the demonstration
program described in section 7, pay to such agency the incremental costs
of the electic or hybrid vehicles, including differential operating
costs.
SEC. 12.
15 USC 2511.
PATENTS.
Section 9 of the Federal Nonnuclear Energy Research and Development
Act of 1974 (42 U.S.C. 5908) shall apply to any contract (including any
assignment, substitution of parties, or subcontract thereunder), entered
into, made, or issued by the Administrator pursuant to section 8 of this
Act.
SEC. 13.
15 USC 2512.
STUDIES.
(a) The Administrator shall conduct a study to determine the
existence of any tax, regulatory, traffic, urban design, rural
electrical, or other institutional factor which tends or may tend to
bias surface transportation systems toward vehicles of particular
characteristics. The Administrator shall submit a report to the
Congress on the findings and conclusions of such study, within 1 year
after the date of the enactment of this Act. The report shall include
any legislative or other recommendations of the Administrator.
(b) The Administrator shall conduct a continuing assessment of the
long-range material demand and pollution effects which may result from
or in connection with the electrification of urban traffic. Such
assessment shall include a statement of the Administrator's current
findings in each report submitted under section 14. Any environmental
impact statement which may be filed under a Federal law with respect to
research, development, or demonstration activities under this Act shall
include reference to the matters which are subject to assessment under
this subsection.
(c) The Administrator shall perform, or cause to be performed,
studies and research on incentives to promote broader utilization and
consumer acceptance of electric and hybrid vehicle technologies. A
description and a statement of the findings of such studies and research
activities shall be included in each report submitted under section 14.
(d) The Secretary shall conduct a study of the current and future
applicability of safety standards and regulations to electric and hybrid
vehicles. The Secretary shall report the results of such study to the
Administrator and the Congress within 1 year after the date of enactment
of this Act.
(e) The Administrator shall conduct a study to determine the overall
effectiveness and feasibility of including regenerative braking systems
on electric and other automobiles in order to recover energy. In such
study the Administrator shall--,
(1) review the history of regenerative braking devices;
(2) describe relevant experimental test data and theoretical
calculations with respect to such devices;
(3) assess the net energy impacts and cost effectiveness of
such devices;
(4) examine present patents and patent policy regarding such
devices; and
(5) determine whether regenerative braking should be used on
some of the advanced electric or hybrid vehicles to be purchased
or leased pursuant to section 7(c)(2). The Administrator shall
submit a report to the Congress on the findings and conclusions of
such study within 1 year after the date of enactment of this Act.
SEC. 14.
15 USC 2513.
ANNUAL REPORT.
The Administrator shall submit to the Congress annually a report on
all activities being undertaken or carried out pursuant to the
provisions of this Act, including--,
(1) such projections and estimates as may be necessary to
evaluate the progress of the project and to indicate the extent to
which, and the pace at which, the objectives of this Act are being
achieved; and
(2) a statement of the extent to which imported automobile
chassis or components are being used, or are desirable, for the
production of vehicles under section 7, and of the extent to which
restrictions imposed by law or regulation upon the importation or
use of such chassis or components are impeding the achievement of
the purposes of this Act.
Each such report shall also include any recommendations which the
Administrator may deem appropriate for legislation or related action
which might further the purposes of this Act.
SEC. 15. AMENDMENTS TO THE NATIONAL AERONAUTICS AND SPACE ACT.
(a) Section 102 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2451) is amended (1) by redesignating subsection (d) thereof as
subsection (e) thereof; and (2) by inserting immediately after
subsection (c) thereof the following new subsection:
"(d) The Congress declares that the general welfare of the United
States requires that the unique competence in scientific and engineering
systems of the National Aeronautics and Space Administration also be
directed toward ground propulsion systems research and development.
Such development shall be conducted so as to contribute to the
objectives of developing energy- and petroleum-conserving ground
propulsion systems, and of minimizing the environmental degradation
caused by such systems.".
(b) Section 102(e) of such Act, as redesignated by paragraph (1) of
this subsection, is amended by striking out "and (c)" and inserting in
lieu thereof "(c), and (d)".
(c) Section 203 of such Act (42 U.S.C. 2473) is amended (A) by
redesignating subsection (b) thereof as subsection (c) thereof, and (B)
by inserting immediately after subsection (a) thereof the following new
subsection:
"(b) The Administration shall, to the extent of appropriated funds,
initiate, support, and carry out such research, development,
demonstration, and other related activities in ground propulsion
technologies as are provided for in section 4 through 10 of the Electric
and Hybrid Vehicle Research, Development, and Demonstration Act of
1976.".
SEC. 16.
15 USC 2514.
AUTHORIZATION FOR APPROPRIATIONS.
(a) There are authorized to be appropriated to the Administrator, for
purposes of carrying out this Act, (1) not to exceed $30,000,000 for the
fiscal year ending September 30, 1977, except that at least $10,000,000
of such authorization shall be allocated for battery research and
development; (2) not to exceed $40,000,000 for the fiscal year ending
September 30, 1978; (3) not to exceed $25,000,000 for the fiscal year
ending September 30, 1979; (4) not to exceed $20,000,000 for the fiscal
year ending September 30, 1980; and (5) not to exceed $45,000,000 for
the fiscal year ending September 30, 1981. Any amount appropriated
pursuant to this section shall remain available until expended, and any
amount authorized for any fiscal year prior to the fiscal year ending
September 30, 1981, but not appropriated, may be appropriated for any
succeeding fiscal year through the fiscal year ending September 30,
1983.
(b) Any moneys received by the Administrator from vehicle sales or
leases or other activities under this Act may be retained and used for
purposes of carrying out this Act, notwithstanding the provisions of
section 3617 of the Revised Statutes (31 U.S.C. 484), and may remain
available until expended; but the amount authorized to be appropriated
for any fiscal year under subsection (a) shall be reduced by the amount
of the moneys so received in that year.
CARL ALBERT
Speaker of the House of
Representatives.
PATRICK J. LEAHY
Acting President of the Senate
pro tempore.
IN THE HOUSE OF REPRESENTATIVES, U.S.
September 16, 1976.
The House of Representatives having proceeded to reconsider the bill
(H.R. 8800) entitled " An Act to authorize in the Energy Research and
Development Administration a Federal program of research, development,
and demonstration designed to promote electric vehicle technologies and
to demonstrate the commercial feasibility of electric vehicles",
returned by the President of the United States with his objections, to
the House of Representatives, in which it originated, it was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
Attest:
EDMUND L. HENSHAW, JR.
Clerk.
By Benjamin J. Guthrie
I certify that this Act orignated in the House of Representatives.
EDMUND L. HENSHAW, JR.
Clerk.
IN THE SENATE OF THE UNITED STATES,
September 17, 1976.
The Senate having proceeded to reconsider the bill (H.R. 8800) " An
Act to authorize in the Energy Research and Development Administration a
Federal program of research, development, and demonstration designed to
promote electric vehicle technologies and to demonstrate the commercial
feasibility of electric vehicles", returned by the President of the
United States with his objections, to the House of Representatives, in
which it originated, and passed by the House of Representatives on
reconsideration of the same, it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
Attest:
FRANCIS R. VALEO
Secretary.
By Harold G. Ast
Legislative Clerk
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 439 (Comm. on Science and Technology) and
No. 94 - 1363 (Comm. of Conference).
SENATE REPORTS: No. 94 - 836 accompanying S. 1632 (Comm. on
Commerce) and No. 94 - 1048 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Sept. 5, considered and passed House.
Vol. 122 (1976): June 14, considered and passed Senate,
amended, in lieu of S. 1632.
Aug. 26, Senate agreed to conference report.
Aug. 31, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 12, No. 38 (1976): Sept. 13, vetoed; Presidential
message.
CONGRESSIONAL RECORD,
Vol. 122 (1976): Sept. 16, House overrode veto. Sept. 17,
Senate overrode veto.
PUBLIC LAW 94-412, 90 STAT, 1255
94th Congress, H.R. 3884
September 14, 1976
An Act
To terminate certain authorities with respect to national emergencies
still in effect, and to provide for orderly implementation and
termination of future national emergencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 50 USC 1601 note. That
this Act may be cited as the " National Emergencies Act".
TITLE I--TERMINATING EXISTING DECLARED EMERGENCIES
Sec. 101. 50 USC 1601. (a) All powers and authorities possessed by
the President, any other officer or employee of the Federal Government,
or any executive agency, as defined in section 105 of title 5, United
States Code, as a result of the existence of any declaration of national
emergency in effect on the date of enactment of this Act are terminated
two years from the date of such enactment. Such termination shall not
affect--,
(1) any action taken or proceeding pending not finally
concluded or determined on such date;
(2) any action or proceeding based on any act committed prior
to such date; or
(3) any rights or duties that matured or penalties that were
incurred prior to such date.
(b) For the purpose of this section, the words "any national
emergency in effect" means a general declaration of emergency made by
the President.
TITLE II-- DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
Sec. 201. 50 USC 1621. (a) With respect to Acts of Congress
authorizing the exercise, during the period of a national emergency, of
any special or extraordinary power, the President is authorized to
declare such national emergency. Such proclamation shall immediately be
transmitted to the Congress and published in the Federal Register.
(b) Any provisions of law conferring powers and authorities to be
exercised during a national emergency shall be effective and remain in
effect (1) only when the President (in accordance with subsection (a) of
this section), specifically declares a national emergency, and (2) only
in accordance with this Act. No law enacted after the date of enactment
of this Act shall supersede this title unless it does so in specific
terms, referring to this title, and declaring that the new law
supersedes the provisions of this title.
Sec. 202. 50 USC 1622. (a) Any national emergency declared by the
President in accordance with this title shall terminate if--,
(1) Congress terminates the emergency by concurrent resolution;
or
(2) the President issues a proclamation terminating the
emergency.
Any national emergency declared by the President shall be terminated on
the date specified in any concurrent resolution referred to in clause
(1) or on the date specified in a proclamation by the President
terminating the emergency as provided in clause (2) of this subsection,
whichever date is earlier, and any powers or authorities exercised by
reason of said emergency shall cease to be exercised after such
specified date, except that such termination shall not affect--,
(A) any action taken or proceeding pending not finally
concluded or determined on such date;
(B) any action or proceeding based on any act committed prior
to such date; or
(C) any rights or duties that matured or penalties that were
incurred prior to such date.
(b) Not later than six months after a national emergency is declared,
and not later than the end of each six-month period thereafter that such
emergency continues, each House of Congress shall meet to consider a
vote on a concurrent resolution to determine whether that emergency
shall be terminated.
(c)(1) A concurrent resolution to terminate a national emergency
declared by the President shall be referred to the appropriate committee
of the House of Representatives or the Senate, as the case may be. One
such concurrent resolution shall be reported out by such committee
together with its recommendations within fifteen calendar days after the
day on which such resolution is referred to such committee, unless such
House shall otherwise determine by the yeas and nays.
(2) Any concurrent resolution so reported shall become the pending
business of the House in question (in the case of the Senate the time
for debate shall be equally divided between the proponents and the
opponents) and shall be voted on within three calendar days after the
day on which such resolution is reported, unless such House shall
otherwise determine by yeas and nays.
(3) Such a concurrent resolution passed by one House shall be
referred to the appropriate committee of the other House and shall be
reported out by such a committee together with its recommendations
within fifteen calendar days after the day on which such resolution is
referred to such committee and shall thereupon become the pending
business of such House and shall be voted upon within three calendar
days after the day on which such resolution is reported, unless such
House shall otherwise determine by yeas and nays.
(4) In the case of any disagreement between the two Houses of
Congress with respect to a concurrent resolution passed by both Houses,
conferees shall be promptly appointed and the committee of conference
shall make and file a report with respect to such concurrent resolution
within six calendar days after the day on which managers on the part of
the Senate and the House have been appointed. Notwithstanding any rule
in either House concerning the printing of conference reports or
concerning any delay in the consideration of such reports, such report
shall be acted on by both Houses not later than six calendar days after
the conference report is filed in the House in which such report is
filed first. In the event the conferees are unable to agree within
forty-eight hours, they shall report back to their respective Houses in
disagreement.
(5) Paragraphs (1) - (4) of this subsection, subsection (b) of this
section, and section 502(b) of this Act are enacted by Congress--,
(A) as an exercise of the rulemaking power of the Senate and
the House of Representatives, respectively, and as such they are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
the House in the case of resolutions described by this subsection;
and they supersede other rules only to the extent that they are
inconsistent therewith; and
(B) with full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedure of
that House) at any time, in the same manner, and to the same
extent as in the case of any other rule of that House.
(d) Any national emergency declared by the President in accordance
with this title, and not otherwise previously terminated, shall
terminate on the anniversary of the declaration of that emergency if,
within the ninety-day period prior to each anniversary date, the
President does not publish in the Federal Register and transmit to the
Congress a notice stating that such emergency is to continue in effect
after such anniversary.
TITLE III-- EXERCISE OF EMERGENCY POWERS AND AUTHORITIES
Sec. 301. 50 USC 1631. When the President declares a national
emergency, no powers or authorities made available by statute for use in
the event of an emergency shall be exercised unless and until the
President specifies the provisions of law under which he proposes that
he, or other officers will act. Such specification may be made either
in the declaration of a national emergency, or by one or more
contemporaneous or subsequent Executive orders published in the Federal
Register and transmitted to the Congress.
TITLE IV-- ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT
Sec. 401. 50 USC 1641. (a) When the President declares a national
emergency, or Congress declares war, the President shall be responsible
for maintaining a file and index of all signigicant orders of the
President, including Executive orders and proclamations, and each
Executive agency shall maintain a file and index of all rules and
regulations, issued during such emergency or war issued pursuant to such
declarations.
(b) All such significant orders of the President, including Executive
orders, and such rules and regulations shall be transmitted to the
Congress promptly under means to assure confidentiality where
appropriate.
(c) When the President declares a national emergency or Congress
declares war, the President shall transmit to Congress, within ninety
days after the end of each six-month period after such declaration, a
report on the total expenditures incurred by the United States
Government during such six-month period which are directly attributable
to the exercise of powers and authorities conferred by such declaration.
Not later than ninety days after the termination of each such emergency
or war, the President shall transmit a final report on all such
expenditures.
TITLE V--REPEAL AND CONTINUATION OF CERTAIN EMERGENCY POWER AND OTHER
STATUTES
Sec. 501. (a) Section 349(a) of the Immigration and Nationality Act
(8 U.S.C. 1481(a)) is amended--,
(1) at the end of paragraph (9), by striking out "; or" and
inserting in lieu thereof a period; and
(2) by striking out paragraph (10).
(b) Section 2667(b) of title 10 of the United States Code is
amended--,
(1) by inserting "and" at the end of paragraph (3);
(2) by striking out paragraph (4); and
(3) by redesignating paragraph (5) as (4).
(c) The joint resolution entitled " Joint resolution to authorize the
temporary continuation of regulation of consumer credit", approved
August 8, 1947 (12 U.S.C. 249), is repealed.
(d) Section 5(m) of the Tennessee Valley Authority Act of 1933 as
amended (16 U.S.C. 831d(m)) is repealed.
(e) Section 1383 of title 18, United States Code, is repealed.
(f) Section 6 of the Act entitled " An Act to amend the Public Health
Service Act in regard to certain matters of personnel and
administration, and for other purposes", approved February 28, 1948, is
amended by striking out subsections (b), (c), (d), (e), and (f) (42 U.
S.C. 211b).
(g) Section 9 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App.
1742) is repealed.
(h) 50 USC 1601 note. This section shall not affect--,
(1) any action taken or proceeding pending not finally
concluded or determined at the time of repeal;
(2) any action or proceeding based on any act committed prior
to repeal; or
(3) any rights or duties that matured or penalties that were
incurred prior to repeal.
Sec. 502. 50 USC 1651. (a) The provisions of this Act shall not
apply to the following provisions of law, the powers and authorities
conferred thereby, and actions taken thereunder:
(1) Section 5(b) of the Act of October 6, 1917, as amended (12
U.S.C. 95a; 50 U.S.C. App. 5(b));
(2) Act of April 28, 1942 (40 U.S.C. 278b);
(3) Act of June 30, 1949 (41 U.S.C. 252);
(4) Section 3477 of the Revised Statutes, as amended (31 U.S.
C. 203);
(5) Section 3737 of the Revised Statutes, as amended (41 U.S.
C. 15);
(6) Public Law 85 - 804 (Act of Aug. 28, 1958, 72 Stat. 972;
50 U.S.C. 1431 - 1435);
(7) Section 2304(a)(1) of title 10, United States Code;
(8) Sections 3313, 6386(c), and 8313 of title 10, United States
Code.
(b) Each committee of the House of Representatives and the Senate
having jurisdiciton with respect to any provision of law referred to in
subsection (a) of this section shall make a complete study and
investigation concerning that provision of law and make a report,
including any recommendations and proposed revisions such committee may
have, to its respective House of Congress within two hundred and seventy
days after the date of enactment of this Act.
Approved September 14, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 238 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 1168 (Comm. on Government Operations).
CONGRESSIONAL RECORD: Vol. 121 (1975): Sept. 4, considered and
passed House. Vol. 122 (1976): Aug. 27, considered and passed Senate,
amended. Aug. 31, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 38
(1976): Sept. 14, Presidential statement.
PUBLIC LAW 94-411, 90 STAT, 1254
94th Congress, S. 2862
September 13, 1976
An Act
To authorize appropriations for the Federal Fire Prevention and Control
Act of 1974.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 15 USC 2210. That (a)
section 17 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2216) is amended to read as follows:
" AUTHORIZATION OF APPROPRIATIONS
" Sec. 17. There are authorized to be appropriated to carry out the
foregoing provisions of this Act, except section 11 of this Act, not to
exceed $3,750,000 for the transitional fiscal quarter of July 1, 1976,
through September 30, 1976, not to exceed $15,000,000 for the fiscal
year ending September 30, 1977, and not to exceed $20,000,000 for the
fiscal year ending September 30, 1978.".
(b) Section 16(b) of the Act of March 3, 1901 (15 U.S.C. 278f (b)) is
amended to read as follows:
"(b) Authorization of Appropriations.--For purposes of this section,
there are authorized to be appropriated not to exceed $1,275,000 for the
transitional fiscal quarter of July 1, 1976, through September 30, 1976,
not to exceed $5,500,000 for the fiscal year ending September 30, 1977,
and not to exceed $6,000,000 for the fiscal year ending September 30,
1978.".
Approved September 13, 1976.
LEGISLATIVE HISTORY:
SENATE REPORT No. 94 - 864 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 19, considered and passed
Senate. Aug. 31, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 12, No. 38: Sept.
13, Presidential statement.
PUBLIC LAW 94-410, 90 STAT, 1249
94th Congress, H.R. 8410
September 13, 1976
An Act
To amend the Packers and Stockyards Act of 1921, as amended, 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 proviso in the
paragraph designated " Packers and Stockyards Act" under the heading "
MARKETING SERVICE" in the Act of July 12, 1943 (57 Stat. 422; 7 U.S.C.
204), is amended by striking out "market agency and dealer" and
inserting in lieu thereof "market agency (as defined in title III of the
Act), 7 USC 201. Infra. every packer (as defined in title II of the
Act) in connection with its livestock purchasing operations (except that
those packers whose average annual purchases do not exceed $500,000 will
be exempt from the provisions of this paragraph), and every other person
operating as a dealer (as defined in title III of the Act)".
Sec. 2. Section 201 of the Packers and Stockyards Act, 1921, as
amended (7 U.S.C. 191) is amended to read as follows:
" Sec. 201. When used in this Act the term 'packer' means any person
engaged in the business (a) of buying livestock in commerce for purposes
of slaughter, or (b) of manufacturing or preparing meats or meat food
products for sale or shipment in commerce, or (c) of marketing meats,
meat food products, or livestock products in an unmanufactured form
acting as a wholesale broker, dealer, or distributor in commerce.".
Sec. 3. (a) Sections 202 and 312(a) of the Packers and Stockyards
Act, 1921, as amended (7 U.S.C. 192 and 213(a)) are amended by deleting
the phrase "in commerce" wherever it appears in those sections, and by
deleting the commas immediately before and following the phrase "in
commerce" in sections 202(b) and 312(a) of the Act (7 U.S.C. 192(b) and
213(a)).
(b) Sections 203(b) and 312(b) of the Packers and Stockyards Act (7
U.S.C. 193(b) and 213(b)) are amended by adding at the end of both
sections the following new sentences: " The Secretary may also assess a
civil penalty of not more than $10,000 for each such violation. In
determining the amount of the civil penalty to be assessed under this
section, the Secretary shall consider the gravity of the offense, the
size of the business involved, and the effect of the penalty on the
person's ability to continue in business. If, after the lapse of the
period allowed for appeal or after the affirmance of such penalty, the
person against whom the civil penalty is assessed fails to pay such
penalty, the Secretary may refer the matter to the Attorney General who
may recover such penalty by an action in the appropriate district court
of the United States.".
(c) The Packers and Stockyards Act, 1921, 7 USC 182, 183, 201, 207,
210, 212, 213. as amended, is amended by striking out the words "live
stock" and "live-stock" wherever they appear in the Act and substituting
therefor "livestock".
Sec. 4. The proviso in the paragraph designated " Packers and
Stockyards Act" under the heading " MARKETING SERVICE" in the Act of
July 12, 1943 (57 Stat. 422; 7 U.S.C. 204), is further amended by
adding at the end thereof a new sentence as follows: " If the Secretary
finds any packer is insolvent, he may after notice and hearing issue an
order under the provisions of section 203 requiring such packer to cease
and desist from purchasing livestock while insolvent, or while insolvent
purchasing livestock except under such conditions as the Secretary may
prescribe to effectuate the purposes of the Act.".
Sec. 5. 7 USC 229. 7 USC 228a. The Packers and Stockyards Act,
1921, as amended, is further amended by redesignating section 408 as
section 411 and by adding a new section 408 to read as follows:
" Sec. 408. Whenever the Secretary has reason to believe that any
person subject to this Act (a) with respect to any transactions subject
to this Act, has failed to pay or is unable to pay for livestock, meats,
meat food products, or livestock products in unmanufactured form, or has
failed to remit to the person entitled thereto the net proceeds from the
sale of any such commodity sold on a commission basis; or (b) has
operated while insolvent, or otherwise in violation of this Act in a
manner which may reasonably be expected to cause irreparable damage to
another person; or (c) does not have the required bond; and that it
would be in the public interest to enjoin such person from operating
subject to this Act or enjoin him from operating subject to this Act
except under such conditions as would protect vendors or consignors of
such commodities or other affected persons, until a complaint under this
Act is issued and dismissed by the Secretary or until an order to cease
and desist made thereon by the Secretary has become final and effective
within the meaning of this Act or is set aside on appellate review of
the Secretary's order, the Secretary may notify the Attorney General,
who may apply to the United States district court for the district in
which such person has his principal place of business or in which he
resides for a temporary injunction or restraining order. When needed to
effectuate the purposes of this section, the court shall, upon a proper
showing, issue a temporary injunction or restraining order, without
bond. Attorneys employed by the Secretary of Agricultue may, with the
approval of the Attorney General, appear in the United States district
court representing the Secretary in any action seeking such a temporary
restraining order or injunction.".
Sec. 6. Section 308(a) of the Packers and Stockyards Act, 1921, as
amended (7 U.S.C. 209(a)) is amended to read as follows:
"(a) If any person subject to this Act violates any of the provisions
of this Act, or of any order of the Secretary under this Act, relating
to the purchase, sale, or handling of livestock, he shall be liable to
the person or persons injured thereby for the full amount of damages
sustained in consequence of such violation.".
Sec. 7. 7 USC 228b. The Packers and Stockyards Act, 1921, as
amended, is further amended by ading after section 408 (7 U.S.C. 229) a
new section 409 to read as follows:
" Sec. 409. (a) Each packer, market agency, or dealer purchasing
livestock shall, before the close of the next business day following the
purchase of livestock and transfer of possession thereof, deliver to the
seller or his duly authorized representative the full amount of the
purchase price: Provided, That each packer, market agency, or dealer
purchasing livestock for slaughter shall, before the close of the next
business day following purchase of livestock and transfer of possession
thereof, actually deliver at the point of transfer of possession to the
seller or his duly authorized representative a check or shall wire
transfer funds to the seller's account for the full amount of the
purchase price; or, in the case of a purchase on a carcass or 'grade
and yield' basis, the purchaser shall make payment by check at the point
of transfer of possession or shall wire transfer funds to the seller's
account for the full amount of the purchase price not later than the
close of the first business day following determination of the purchase
price: Provided further, That if the seller or his duly authorized
representative is not present to receive payment at the point of
transfer of possession, as herein provided, the packer, market agency or
dealer shall wire transfer funds or place a check in the United States
mail for the full amount of the purchase price, properly addressed to
the seller, within the time limits specified in this subsection, such
action being deemed compliance with the requirement for prompt payment.
"(b) Notwithstanding the provisions of subsection (a) of this section
and subject to such terms and conditions as the Secretary may prescibe,
the parties to the purchase and sale of livestock may expressly agree in
writing, before such purchase or sale, to effect payment in a manner
other than that required in subsection (a). Any such agreement shall be
disclosed in the records of any market agency or dealer selling the
livestock, and in the purchaser's records and on the accounts or other
documents issued by the purchaser relating to the transaction.
"(c) Any delay or attempt to delay by a market agency, dealer, or
packer purchasing livestock, the collection of funds as herein provided,
or otherwise for the purpose of or resulting in extending the normal
period of payment for such livestock shall be considered an 'unfair
practice' in violation of this Act. Nothing in this section shall be
deemed to limit the meaning of the term 'unfair practice' as used in
this Act.".
Sec. 8. 7 USC 196. The Packers and Stockyards Act, 1921, as amended
(7 U.S.C. 181 et seq.), is further amended by adding after section 205
(7 U.S.C. 195) a new section 206, to read as follows:
" Sec. 206. (a) It is hereby found that a burden on and obstruction
to commerce in livestock is caused by financing arrangements under which
packers encumber, give lenders security interest in, or place liens on,
livestock purchased by packers in cash sales, or on inventories of or
receivables or proceeds from meat, meat food products, or livestock
products therefrom, when payment is not made for the livestock and that
such arrangements are contrary to the public interest. This section is
intended to remedy such burden on and obstruction to commerce in
livestock and protect the public interest.
"(b) All livestock purchased by a packer in cash sales, and all
inventories of, or receivables or proceeds from meat, meat food
products, or livestock products derived therefrom, shall be held by such
packer in trust for the benefit of all unpaid cash sellers of such
livestock until full payment has been received by such unpaid sellers:
Provided, That any packer whose average annual purchases do not exceed
$500,000 will be exempt from the provisions of this section. Payment
shall not be considered to have been made if the seller receives a
payment instrument which is dishorored: Provided, That the unpaid
seller shall lose the benefit of such trust if, in the event that a
payment instrument has not been received, within thirty days of the
final date for making a payment under section 409, or within fifteen
business days after the seller has received notice that the payment
instrument promptly presented for payment has been dishonored, the
seller has not preserved his trust under this subsection. The trust
shall be preserved by giving written notice to the packer and by filing
such notice with the Secretary.
"(c) For the purpose of this section, a cash sale means a sale in
which the seller does not expressly extend credit to the buyer.".
Sec. 9. The Packers and Stockyards Act, 1921, as amended, is further
amended by adding after new section 409 a new section 410 to read as
follows:
" Sec. 410. 7 USC 228c. No requirement of any State or territory of
the United States, or any subdivision thereof, or the District of
Columbia, with respect to bonding of packers or prompt payment by
packers for livestock purchases may be enforced upon any packer
operating in compliance with the bonding provisions under the Act of
July 12, 1943 (57 Stat. 422; 7 U.S.C. 204), and prompt payment
provisions of section 409 of this Act, respectively: Provided, That
this section shall not preclude a State from enforcing a requirement,
with respect to payment for livestock purchased by a packer at a
stockyard subject to this Act, which is not in conflict with this Act or
regulations thereunder: Provided further, That this section shall not
preclude a State from enforcing State law or regulations with respect to
any packer not subject to this Act of July 12, 1943.".
Sec. 10. 7 USC 181 et seq. 7 USC 204. Pending proceedings shall
not be abated by reason of any provision of this Act, but shall be
disposed of pursuant to the provisions of the Packers and Stockyards
Act, 1921, as amended, and the Act of July 12, 1943, in effect
immediately prior to the effective date of this Act.
Sec. 11. 7 USC 228. Section 407 of the Packers and Stockyards Act,
1921, as amended, is amended by adding the following new subsections to
read as follows:
"(d) On or before February 15 of each calendar year beginning with
calendar year 1977, or such other date as may be specified by the
apporpriate committee, the Secretary of Agriculture shall testify before
the Senate Committee on Agriculture and Forestry and the House Committee
on Agriculture and provide justification in detail of the amount
requested in the budget to be appropriated for the next fiscal year for
the purposes authorized in the Packers and Stockyards Act, 1921, as
amended.
"(e) The Secretary shall, not later than sixty days after the
effective date of this subsection, prescribe and implement rules to
assure that any hearing from which any order may issue under the Act or
any hearing the expenses of which are paid from funds authorized to be
appropriated under this Act shall--,
"(1) if such hearing concerns a single unit of local government
or the residents therof, be held within the boundaries of such
unit;
"(2) if such hearing concerns a single geographic area within a
State or the residents thereof, be held within the boundaries of
such area; or
"(3) if such hearing concerns a single State or the residents
thereof, be held within such State.
"(f) For the purposes of subsection (e)--,
"(1) the term 'unit of local government' means a county,
municipality, town, township, village, or other unit of general
government below the State level; and
"(2) the term 'geographic area within a State' means a special
purpose district or other region recognized for governmental
purposes within such State which is not a unit of local
government.".
Approved September 13, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1043 (Comm. on Agriculture) and No. 94 -
1391 (Comm. of Conference).
SENATE REPORTS: No. 94 - 932 (Comm. on Agriculture and Forestry) and
No. 94 - 1065 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 6, considered and passed
House. June 17, considered and passed Senate, amended. Aug. 4, Senate
agreed to conference report. Aug. 30, House agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 38: Sept.
13, Presidential statement.
PUBLIC LAW 94-409, 90 STAT, 1241
94th Congress, S. 5
September 13, 1976
An Act
To provide that meetings of Government agencies shall be open to the
public, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 5 USC 552b note. That
this Act may be cited as the " Government in the Sunshine Act".
DECLARATION OF POLICY
Sec. 2. 5 USC 552b note. It is hereby declared to be the policy of
the United States that the public is entitled to the fullest practicable
information regarding the decisionmaking processes of the Federal
Government. It is the purpose of this Act to provide the public with
such information while protecting the rights of individuals and the
ability of the Government to carry out its responsibilities.
OPEN MEETINGS
Sec. 3. (a) Title 5, United States Code, is amended by adding after
section 552a the following new section:
Secs. 552b.
5 USC 552b.
Open meetings
"(a) For purposes of this section--,
"(1) the term 'agency' means any agency as defined in section
552(e)
5 USC 552.
of this title, headed by a collegial body composed of two or more
individual members, a majority of whom are appointed to such
position by the President with the advice and consent of the
Senate, and any subdivision thereof authorized to act on behalf of
the agency;
"(2) the term 'meeting' means the deliberations of at least the
number of individual agency members required to take action on
behalf of the agency where such deliberations determine or result
in the joint conduct or disposition of official agency business,
but does not include deliberations required or permitted by
subsection (d) or (e); and
"(3) the term 'member' means an individual who belongs to a
collegial body heading an agency.
(b) Members shall not jointly conduct or dispose of agency business
other than in accordance with this section. Except as provided in
subsection (c), every portion of every meeting of an agency shall be
open to public observation.
"(c) Except in a case where the agency finds that the public interest
requires otherwise, the second sentence of subsection (b) shall not
apply to any portion of an agency meeting, and the requirements of
subsections (d) and (e) shall not apply to any information pertaining to
such meeting otherwise required by this section to be disclosed to the
public, where the agency properly determines that such portion or
portions of its meeting or the disclosure of such information is likely
to--,
"(1) disclose matters that are (A) specifically authorized
under criteria established by an Executive order to be kept secret
in the
interests of national defense or foreign policy and (B) in fact properly
classified pursuant to such Executive order;
"(2) relate solely to the internal personnel rules and practices of
an agency;
"(3) disclose matters specifically exempted from disclosure by
statute (oter than section 552 5 USC 552. of this title), provided that
such statute (A) requires that the matters be withheld from the public
in such a manner as to leave no discretion on the issue, or (B)
establishes particular criteria for withholding or refers to particular
types of matters to be withheld;
"(4) disclose trade secrets and commercial or financial information
obtained from a person and privileged or confidential;
"(5) involve accusing any person of a crime, or formally censuring
any person;
"(6) disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
"(7) disclose investigatory records compiled for law enforcement
purposes, or information which if written would be contained in such
records, but only to the extent that the production of such records or
information would (A) interfere with enforcement proceedings, (B)
deprive a person of a right to a fair trial or an impartial
adjudication, (C) constitute an unwarranted invasion of personal
privacy, (D) disclose the identity of a confidential source and, in the
case of a record compiled by a criminal law enforcement authority in the
course of a criminal investigation, or by an agency conducting a lawful
national security intelligence investigation, confidential information
furnished only by the confidential source, (E) disclose investigative
techniques and procedures, or (F) endanger the life or physical safety
of law enforcement personnel;
"(8) disclose information contained in or related to examination,
operating, or condition reports prepared by, on behalf of, or for the
use of an agency responsible for the regulation or supervision of
financial institutions;
"(9) disclose information the premature disclosure of which would--,
"(A) in the case of an agency which regulates currencies,
securities, commodities, or financial institutions, be likely to
(i) lead to significant financial speculation in currencies,
securities, or commodities, or (ii) significantly endanger the
stability of any financial institution; or
"(B) in the case of any agency, be likely to significantly
frustrate implementation of a proposed agency action,
except that subparagraph (B) shall not apply in any instance where the
agency has already disclosed to the public the content or nature of its
proposed action, or where the agency is required by law to make such
disclosure on its own initiative prior to taking final agency action on
such proposal; or
"(10) specifically concern the agency's issuance of a subpena, or the
agency's participation in a civil action or proceeding, an action in a
foreign court or international tribunal, or an arbitration, or the
initiation, conduct, or disposition by the agency of a particular case
of formal agency adjudication pursuant to the procedures in section 554
5 USC 554. of this title or otherwise involving a determination on the
record after opportunity for a hearing.
"(d)(1) Action under subsection (c) shall be taken only when a
majority of the entire membership of the agency (as defined in
subsection (a)(1)) votes to take such action. A separate vote of the
agency members shall be taken with respect to each agency meeting a
portion or portions of which are proposed to be closed to the public
pursuant to subsection (c), or with respect to any information which is
proposed to be withheld under subsection (c). A single vote may be
taken with respect to a series of meetings, a portion or portions of
which are proposed to be closed to the public, or with respect to any
information concerning such series of meetings, so long as each meeting
in such series involves the same particular matters and is scheduled to
be held no more than thirty days after the initial meeting in such
series. The vote of each agency member participating in such vote shall
be recorded and no proxies shall be allowed.
"(2) Whenever any person whose interests may be directly affected by
a portion of a meeting requests that the agency close such portion to
the public for any of the reasons referred to in paragraph (5), (6), or
(7) of subsection (c), the agency, upon request of any one of its
members, shall vote by recorded vote whether to close such meeting.
"(3) Within one day of any vote taken pursuant to paragraph (1) or
(2), the agency shall make publicly available a written copy of such
vote reflecting the vote of each member on the question. If a portion
of a meeting is to be closed to the public, the agency shall, within one
day of the vote taken pursuant to paragraph (1) or (2) of this
subsection, make publicly available a full written explanation of its
action closing the portion together with a list of all persons expected
to attend the meeting and their affiliation.
"(4) Any agency, a majority of whose meetings may properly be closed
to the public pursuant to paragraph (4), (8), (9)(A), or (10) of
subsection (c), or any combination thereof, may provide by regulation
for the closing of such meetings or portions thereof in the event that a
majority of the members of the agency votes by recorded vote at the
beginning of such meeting, or portion thereof, to close the exempt
portion or portions of the meeting, and a copy of such vote, reflecting
the vote of each member on the question, is made available to the
public. The provisions of paragraphs (1), (2), and (3) of this
subsection and subsection (e) shall not apply to any portion of a
meeting to which such regulations apply: Provided, That the agency
shall, except to the extent that such information is exempt from
disclosure under the provisions of subsection (c), provide the public
with public announcement of the time, place, and subject matter of the
meeting and of each portion thereof at the earliest practicable time.
"(e)(1) In the case of each meeting, the agency shall make public
announcement, at least one week before the meeting, of the time, place,
and subject matter of the meeting, whether it is to be open or closed to
the public, and the name and phone number of the official designated by
the agency to respond to requests for information about the meeting.
Such announcement shall be made unless a majority of the members of the
agency determines by a recorded vote that agency business requires that
such meeting be called at an earlier date, in which case the agency
shall make public announcement of the time, place, and subject matter of
such meeting, and whether open or closed to the public, at the earliest
practicable time.
"(2) The time or place of a meeting may be changed following the
public announcement required by paragraph (1) only if the agency
publicly announces such change at the earliest practicable time. The
subject matter of a meeting, or the determination of the agency to open
or close a meeting, or portion of a meeting, to the public, may be
changed following the public announcement required by this subsection
only if (A) a majority of the entire membership of the agency determines
by a recorded vote that agency business so requires and that no earlier
announcement of the change was possible, and (B) the agency publicly
announces such change and the vote of each member upon such change at
the earliest practicable time.
"(3) Immediately following each public announcement required by this
subsection, notice of the time, place, and subject matter of a meeting,
whether the meeting is open or closed, any change in one of the
preceding, and the name and phone number of the official designated by
the agency to respond to requests for information about the meeting,
shall also be sumitted for publication in the Federal Register.
"(f)(1) For every meeting closed pursuant to paragraphs (1) through
(10) of subsection (c), the General Counsel or chief legal officer of
the agency shall publicly certify that, in his or her opinion, the
meeting may be closed to the public and shall state each relevant
exemptive provision. A copy of such certification, together with a
statement from the presiding officer of the meeting setting forth the
time and place of the metting, and the persons present, shall be
retained by the agency. The agency shall maintain a complete transcript
or electronic recording adequate to record fully the proceedings of each
meeting, or portion of a meeting, closed to the public, except that in
the case of a meeting, or portion of a meeting, closed to the public
pursuant to paragraph (8), (9)(A), or (10) of subsection (c), the agency
shall maintain either such a transcript or recording, or a set of
minutes. Such minutes shall fully and clearly describe all matters
discussed and shall provide a full and accurate summary of any actions
taken, and the reasons therefor, including a description of each of the
views expressed on any item and the record of any rollcall vote
(reflecting the vote of each member on the question). All documents
considered in connection with any action shall be identified in such
minutes.
"(2) The agency shall make promptly available to the public, in a
place easily accessible to the public, the transcript, electronic
recording, or minutes (as required by paragraph (1)) of the discussion
of any item on the agenda, or of any item of the testimony of any
witness received at the meeting, except for such item or items of such
discussion or testimony as the agency determines to contain information
which may be withheld under subsection (c). Copies of such transcript,
or minutes, or a transcription of such recording disclosing the identity
of each speaker, shall be furnished to any person at the actual cost of
duplication or transcription. The agency shall maintain a complete
verbatim copy of the transcript, a complete copy of the minutes, or a
complete electronic recording of each meeting, or portion of a meeting,
closed to the public, for a period of at least two years after such
meeting, or until one year after the conclusion of any agency proceeding
with respect to which the meeting or portion was held, whichever occurs
later.
"(g) Each agency subject to the requirements of this section shall,
within 180 days after the date of enactment of this section, following
consultation with the Office of the Chairman of the Administrative
Conference of the United States and published notice in the Federal
Register of at least thirty days and opportunity for written comment by
any person, promulgate regulations to implement the requirements of
subsections (b) through (f) of this section. Any person may bring a
proceeding in the United States District Court for the District of
Columbia to require an agency to promulgate such regulations if such
agency has not promulgated such regulations within the time period
specified herein. Subject to any limitations of time provided by law,
any person may bring a proceeding in the United States Court of Appeals
for the District of Columbia to set aside agency regulations issued
pursuant to this subsection that are not in accord with the requirements
of subsections (b) through (f) of this section and to require the
promulgation of regulations that are in accord with such subsections.
"(h)(1) The district courts of the United States shall have
jurisdiction to enforce the requirements of subsections (b) through (f)
of this section by declaratory judgment, injunctive relief, or other
relief as may be appropriate. Such actions may be brought by any person
against an agency prior to, or within sixty days after, the meeting out
of which the violation of this section arises, except that if public
announcement of such meeting is not initially provided by the agency in
accordance with the requirements of this section, such action may be
instituted pursuant to this section at any time prior to sixty days
after any public announcement of such meeting. Such actions may be
brought in the district court of the United States for the district in
which the agency meeting is held or in which the agency in question has
its headquarters, or in the District Court for the District of Columbia.
In such actions a defendant shall serve his answer within thirty days
after the service of the complaint. The burden is on the defendant to
sustain his action. In deciding such cases the court may examine in
camera any portion of the transcript, electronic recording, or minutes
of a meeting closed to the public, and may take such additional evidence
as it deems necessary. The court, having due regard for orderly
administration and the public interest, as well as the interests of the
parties, may grant such equitable relief as it deems appropriate,
including granting an injunction against future violations of this
section or ordering the agency to make available to the public such
portion of the transcript, recording, or minutes of a meeting as is not
authorized to be withheld under subsection (c) of this section.
(2) Any Federal court otherwise authorized by law to review agency
action may, at the application of any person properly participating in
the proceeding pursuant to other applicable law, inquire into violations
by the agency of the requirements of this section and afford such relief
as it deems appropriate. Nothing in this section authorizes any Federal
court having jurisdiction solely on the basis of paragraph (1) to set
aside, enjoin, or invalidate any agency action (other than an action to
close a meeting or to withhold information under this section) taken or
discussed at any agency meeting out of which the violation of this
section arose.
"(i) The court may assess against any party reasonable attorney fees
and other litigation costs reasonably incurred by any other party who
substantially prevails in any action brought in accordance with the
provisions of subsection (g) or (h) of this section, except that costs
may be assessed against the plantiff only where the court finds that the
suit was initiated by the plantiff primarily for frivolous or dilatory
purposes. In the case of assessment of costs against an agency, the
costs may be assessed by the court against the United States.
"(j) Each agency subject to the requirements of this section shall
annually report to Congress regarding its compliance with such
requirements, including a tabulation of the total number of agency
meetings open to the public, the total number of meetings closed to the
public, the reasons for closing such meetings, and a description of any
litigation brought against the agency under this section, including any
costs assessed against the agency in such litigation (whether or not
paid by the agency).
"(k) Nothing herein expands or limits the present rights of any
person under section 552 5 USC 552. of this title, except that the
exemptions set forth in subsection (c) of this section shall govern in
the case of any request made pursuant to section 552 to copy or inspect
the transcripts, recordings, or minutes described in subsection (f) of
this section. The requirements of chapter 33 of title 44, 44 USC 3301.
United States Code, shall not apply to the transcripts, recordings, and
minutes described in subsection (f) of this section.
"(1) This section does not constitute authority to withhold any
information from Congress, and does not authorize the closing of any
agency meeting or portion thereof required by any other provision of law
to be open.
"(m) Nothing in this section authorizes any agency to withhold from
any individual any record, including transcripts, recordings, or minutes
required by this section, which is otherwise accessible to such
individual under section 552a 5 USC 552a. 5 USC prec. 500. of this
title.".
(b) The chapter analysis of chapter 5 of title 5, United States Code,
is amended by inserting: "552b. Open meetings." immediately below:
"552a. Records about individuals.".
EX PARTE COMMUNICATIONS
Sec. 4. (a) Section 557 of title 5, United States Code, is amended
by adding at the end thereof the following new subsection:
"(d)(1) In any agency proceeding which is subject to subsection (a)
of this section, except to the extent required for the disposition of ex
parte matters as authorized by law--,
"(A) no interested person outside the agency shall make or
knowingly cause to be made to any member of the body comprising
the agency, administrative law judge, or other employee who is or
may reasonably be expected to be involved in the decisional
process of the proceeding, an ex parte communication relevant to
the merits of the proceeding;
"(B) no member of the body comprising the agency,
administrative law judge, or other employee who is or may
reasonably be expected to be involved in the decisional process of
the proceeding, shall make or knowingly cause to be made to any
interested person outside the agency en ex parte communication
relevant to the merits of the proceeding;
"(C) a member of the body comprising the agency, administrative
law judge, or other employee who is or may reasonably be expected
to be involved in the decisional process of such proceeding who
receives, or who makes or knowingly causes to be made, a
communication prohibited by this subsection shall place on the
public record of the proceeding:
"(i) all such written communications;
"(ii) memoranda stating the substance of all such oral
communications; and
"(iii) all written resposes, and memoranda stating the
substance of all oral responses, to the materials described in
clauses (i) and (ii) of the subparagraph;
"(d) upon receipt of a communication knowingly made or
knowingly caused to be made by a party in violation of this
subsection, the agency, administrative law judge, or other
employee presiding at the hearing may, to the extent consistent
with the interests of justice and the policy of the underlying
statutes, require the party to show cause why his claim or
interest in the proceeding should not be dismissed, denied,
disregarded, or otherwise adversely affected on account of such
violation; and
"(E) the prohibitions of this subsection shall apply beginning
at such time as the agency may designate, but in no case shall
they begin to apply later than the time at which a proceeding is
noticed for hearing unless the person responsible for the
communication has knowledge that it will be noticed, in which case
the prohibitions shall apply beginning at the time of his
acquisition of such knowledge.
"(2) This subsection does not constitute authority to withhold
information from Congress.".
(b) Section 551 of title 5, United States Code, is amended--,
(1) by striking out "and" at the end of paragraph (12);
(2) by striking out the "act." at the end or paragraph (13) and
inserting in lieu thereof "act; and"; and
(3) by adding at the end thereof the following new
paragraph:
"(14) 'ex parte communication' means an oral or written
communication not on the public record with respect to which
reasonable prior notice to all parties is not given, but it shall
not include requests for status reports on any matter or
proceeding covered by this subchapter.".
(c) Section 556(d) of title 5, United States Code, is amended by
inserting between the third and fourth sentences thereof the following
new sentence: " The agency may, to the extent consistent with the
interests of justice and the policy of the underlying statutes
administered by the agency, consider a violation of section 557 5 USC
557. (d) of this title sufficient grounds for a decision adverse to a
party who has knowingly committed such violation or knowingly caused
such violation to occur.".
CONFORMING AMENDMENTS
Sec. 5. (a) Section 410(b) (1) of title 39, United States Code, is
amended by inserting after " Section 552 (public information)," the
words "section 552a (records about individuals), section 552b (open
meetings),".
(b) Section 552(b)(3) of title 5, United States Code, is amended to
read as follows:
"(3) specifically exempted from disclosure by statute (other
than section 552b of this title), provided that such statute (A)
requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue, or (B) establishes
particular criteria for withholding or refers to particular types
of matters to be withheld;".
(c) Subsection (d) of section 10 of the Federal Advisory Committee
Act 5 USC app. I. is amended by striking out the first sentence and
inserting in lieu thereof the following: " Subsections (a)(1) and (a)(
3) of this section shall not apply to any portion of an advisory
committee meeting where the President, or the head of the agency to
which the advisory committee reports, determines that such portion of
such meeting may be closed to the public in accordance with subsection
(c) of section 552b of title 5, United States Code.".
EFFECTIVE DATE
Sec. 6. 5 USC 552b note. (a) Except as provided in subsection (b)
of this section, the provisions of this Act shall take effect 180 days
after the date of its enactment.
(b) Subsection (g) of section 552b of title 5, United States Code, as
added by section 3(a) of this Act, shall take effect upon enactment.
Approved September 13, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 880, Pt. I and No. 94 - 880, Pt. 2,
accompanying H.R. 11656 (Comm. on Government Operations) and No. 94 -
1441 (Comm. of Conference).
SENATE REPORTS: No. 94 - 354 (Comm. on Government Operations), No.
94 - 381 (Comm. on Rules and Administration) and No. 94 - 1178 (Comm.
of Conference).
CONGRESSIONAL RECORD: Vol. 121 (1975): Nov. 5, 6, considered and
passed Senate. Vol. 122 (1976): July 28, considered and passed House,
amended, in lieu of H.R. 11656. Aug. 31, House and Senate agreed to
conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 12, No. 38
(1976): Sept. 13, Presidential statement.
PUBLIC LAW 94-408, 90 STAT, 1239
94th Congress, H.R. 15371
September 11, 1976
An Act
To provide for protection of the spouses of major Presidential and Vice
Presidential nominees.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 18 USC 3056 note. That
subsection (a) of the first section of the Act of June 6, 1968, Public
Law 90 - 331, 82 Stat. 170, is amended by adding the following sentence
at the end thereof: " Upon request of a Presidential or Vice
Presidential nominee of a major political party, as determined by the
Secretary after consultation with the advisory committee, the Secretary
may authorize the United States Secret Service to furnish protection to
the spouse of such major Presidential or Vice Presidential nominee,
except that such protection shall not commence more than sixty days
prior to the general Presidential election.".
Sec. 2. Section 3056 of title 18, United States Code, is amended to
read as follows:
"(a) Subject to the direction of the Secretary of the Treasury, the
United States Secret Service, Treasury Department, is authorized to
protect the person of the President of the United States, the members of
his immediate family, the President-elect, the Vice President or other
officer next in the order of succession to the Office of President, and
the Vice President-elect, and the members of thier immediate families
unless the members decline such protection; protect the person of a
former President and his wife during his lifetime, the person of a widow
of a former President until her death or remarriage, and minor children
of a former President until they reach sixteen years of age, unless such
protection is declined; protect the person of a visiting head of a
foreign state or foreign government and, at the direction of the
President, other distinguished foreign visitors to the United States and
official representatives of the United States performing special
missions abroad: detect and arrest any person committing any offense
against the laws of the United States relating to coins, obligations,
and securities of the United States and of foreign governments; detect
and arrest any person violating any of the provisions of sections 508,
509, and 871 18 USC 508, 509, 871. of this title and, insofar as the
Federal Deposit Insurance Corporation, Federal land banks, joint-stock
land banks and Federal land bank associations are concerned, of sections
218, 221, 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014, 1907, and
1909 18 USC 218, 221, 433, 493, 657, 709, 1006, 1007, 1011, 1013, 1014,
1907, 1909. of this title; execute warrants issued under the authority
of the United States; carry firearms; offer and pay rewards for
services or information looking toward the apprehension of criminals;
pay expenses for unforeseen emergencies of a confidential nature under
the direction of the Secretary of the Treasury and accounted for solely
on his certificate; and perform such other functions and duties as are
authorized by law. In the performance of their duties under this
section, the Director, Deputy Director, Assistant Directors, Assistants
to the Director, inspectors, and agents of the Secret Service are
authorized to make arrests without warrant for any offense against the
United States committed in their presence, or for any felony cognizable
under the laws of the United States if they have reasonable grounds to
believe that the person to be arrested has committed or is committing
such felony. Moneys expended from Secret Service appropriations for the
purchase of counterfeits and subsequently recovered shall be reimbursed
to the appropriation current at the time of deposit.
"(b) Whoever knowingly and willfully obstructs, resists, or
interferes with an agent of the United States Secret Service or other
Federal law enforcement agent engaged in the performance of the
protective functions authorized by this section, by the Act of June 6,
1968 (82 Stat. 170) or by section 1752 of title 18, United States Code,
shall be fined not more than $300 or imprisoned not more than one year
or both.".
Approved September 11, 1976.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 2, considered and
passed House. Sept. 7, considered and passed Senate.
PUBLIC LAW 94-407, 90 STAT, 1238
94th Congress, H.R. 13372
September 11, 1976
An Act
To amend the Wild and Scenic Rivers Act (82 Stat. 906; 16
U.S.C. 1271),
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, 82 Stat. 906. 16 USC
1273. That the Wild and Scenic Rivers Act (82 Stat. 905), as amended
(16 U.S.C. 1271 et seq.) is amended as follows:
(1) In section 2 delete " Maine, and that segment of the Wolf River,
Wisconsin, which flows through Langlade County," and insert in lieu
thereof " Maine; that segment of the Wolf River, Wisconsin, which flows
through Langlade County; and that segment of the New River in North
Carolina extending from its confluence with Dog Creek downstream
approximately 26.5 miles to the Virginia State line.".
(2) 16 USC 1278. In section 7(a), after the third sentence, insert
the following: " Any license heretofore or hereafter issued by the
Federal Power Commission affecting the New River of North Carolina shall
continue to be effective only for that portion of the river which is not
included in the National Wild and Scenic Rivers System pursuant to
section 2 of this Act and no project or undertaking so licensed shall be
permitted to invade, inundate or otherwise adversely affect such river
segment.".
Approved September 11, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1264 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 952 accopanying S. 158 (Comm. on Interior and
Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 9, 10, considered and
passed House. Aug. 30, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 38: Sept.
11, Presidential statement.
PUBLIC LAW 94-406, 90 STAT, 1235
94th Congress, H.R. 11670
September 10, 1976
An Act
To authorize appropriations for the Coast Guard for the procurement of
vessels and aircraft and construction of shore and offshore
establishments, to authorize for the Coast Guard a year-end strength for
active duty personnel, to authorize for the Coast Guard average military
student loads, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That funds are hereby
authorized to be appropriated for fiscal year 1977 for the use of the
Coast Guard as follows:
(1) For procurement of vessels: $86,168,000;
For procurement of three port safety boats, one inland
construction tender, six aids to navigation boats, three harbor
tugboats, thirty search and rescue boats, two high/medium
endurance cutter replacements, ten high speed surface delivery
systems for pollution control, and one motor life boat.
(2) For procurement of aircraft: $24,300,000;
For procurement of six medium-range surveillance aircraft.
(3) For construction of shore and offshore establishments:
$24,401,000;
For construction at:
(a) Portsmouth, Virginia--Phase IV of new Coast Guard Support
Center;
(b) Rodanthe, North Carolina--improvement of Oregon Inlet
Station;
(c) Elizabeth City, North Carolina--phase I of improvement at
Coast Guard Aircraft and Supply Center;
(d) Alameda, California--construction of classroom building at
Coast Guard Training Center;
(e) New York, New York--phase II of New York vessel traffic
service;
(f) Loran-C National Implementation Plan--antenna erection,
construction, and outfitting of stations at Malone, Florida,
Grangeville, Louisiana, and Raymondville, Texas; antenna erection
and outfitting of station at Elmira, New York; and construction
and outfitting at Narrow Cape, Alaska;
(g) Public family quarters--construction of family housing at
Chicago, Illinois, Sitka, Alaska, and Point Judith, Rhode Island,
or other locations; and
(h) Provincetown, Massachusetts--construction of new station.
(4) For procurement of vessels and/or aircraft for carrying out Coast
Guard missions, including fishery law enforcement: $100,000,000.
(5) For procurement of vessels with ice-breaking capability to be
used on the Great Lakes: $50,000,000.
Sec. 2. For fiscal year 1977, the Coast Guard is authorized an end
strength for active duty personnel of 38,918; except that the ceiling
shall not include members of the Ready Reserve called to active duty
under the authority of section 764 of title 14, United States Code.
Sec. 3. For fiscal year 1977, average military training student
loads for the Coast Guard are authorized as follows:
(1) recruit and special training, 4,209 students;
(2) flight training, 154 students;
(3) professional training in military and civilian
institutions, 372 students; and
(4) officer acquisition, 1,175 students.
Sec. 4. Section 475 of title 14, United States Code, is amended--,
(1) by striking subsection (e) and redesignating subsections
(f) and (g) as subsections (e) and (f), respectively; and
(2) by amending the redesignated subsection (f) to read as
follows:
"(f) The authority conferred by subsection (a), (b), (c), or (d) may
not be utilized after April 1, 1973, unless all reports required by
subsection (e) have been filed with the Congress.".
Sec. 5. 14 USC 656 note. After fiscal year 1977, funds may not be
appropriated to or for the use of the Coast Guard (1) for the operation
and maintenance of the Coast Guard; (2) for acquisition, construction,
rebuilding, or improvement of aids to navigation, shore or offshore
establishments, vessels, or aircraft, including equipment related
thereto; (3) for alteration of obstructive bridges; or (4) for
research, development, tests, or evaluation related to any of the above,
unless the appropriation of such funds has been authorized by
legislation enacted after December 31, 1976.
Sec. 6. 14 USC prec. 211 note. (a) For each fiscal year after
fiscal year 1977, the Congress shall authorize the end strength as of
the end of each fiscal year for active duty personnel of the Coast
Guard, and no funds may be appropriated for any such fiscal year to or
for the use of the active duty personnel of the Coast Guard unless the
end strength for such active duty personnel for such fiscal year has
been authorized by law.
(b) For each fiscal year after fiscal year 1977, the Congress shall
authorize the average military training student loads for the Coast
Guard. Such authorization shall be required for student loads for the
following individual training categories: recruit and specialized
training; flight training; professional training in military and
civilian institutions; and officer acquisition training. No funds may
be appropriated for any fiscal year after fiscal year 1977 for the use
of training any military personnel of the Coast Guard in the
aforementioned categories unless the average student loads for the Coast
Guard for such fiscal year have been authorized by law.
Sec. 7. No funds authorized or appropriated for operation and
maintenance of the Coast Guard shall be used for enforcement of the
Federal Boat Safety Act of 1971 (46 U.S.C. 1451, et seq.) on Lake
Winnipesaukee and Lake Winnisquam, their interconnecting waterways, or
the Merrimack River in the State of New Hampshire during fiscal year
1977.
Sec. 8. 46 USC 420. (a) In order to minimize hardships and to aid
inhabitants of certain remote areas in the State of Alaska, the
Secretary of the Department in which the Coast Guard is operating is
authorized to issue permits exempting specific cargo-carrying vessels
from all or part of the requirements of the following laws and the
regulations issued thereunder--,
(1) section 4417 of the Revised Statutes (46 U.S.C. 391);
(2) section 4417 of the Revised Statutes (46 U.S.C. 391a);
(3) section 4426 of the Revised Statutes (46 U.S.C. 404); and
(4) section 1 of the Act of August 27, 1935, as amended (46 U.
S.C. 88).
(b) A permit issued pursuant to subsection (a) may be granted only to
a vessel engaged in transporting cargo, including bulk fuel, from point
to point within the State of Alaska and only if--,
(1) the vessel does not exceed three hundred gross tons;
(2) the vessel is in a condition which does not present an
immediate threat to the safety of life or the environment; and
(3) the vessel was operating in the waters off Alaska as of
June 1, 1976, or the vessel is a replacement for a vessel which
was operating in the waters off Alaska as of June 1, 1976, if the
vessel which is being replaced is no longer in service.
(c) Except in a situation declared to be an emergency by the
Secretary of the department in which the Coast Guard is operating, a
vessel operating under permit may not transport cargo to or from a point
if the cargo could be transported by another commercial vessel which is
reasonably available and which does not require exemptions to legally
operate or if the cargo could re readily transported by overland routes.
(d) A permit may be issued for a specific voyage or for a period of
time not exceeding one year. The permit may impose specific
requirements as to the amount or type of cargo to be carried, manning,
the areas or specific routes over which the vessel may operate, or other
similar matters. The duration of the permit and any restrictions
contained therein shall be at the sole discretion of the Secretary or
his delegate.
(e) If a designated Coast Guard official has reason to believe that a
vessel to which a permit has been issued is in a condition or is used in
a manner which creates an immediate threat to the safety of life or the
environment or is operated in a manner which is inconsistent with the
terms of the permit, the official may direct the operator to take
immediate and reasonable steps to safeguard life and the environment,
including directing the vessel to a port or other refuge.
(f) If a vessel to which a permit has been issued creates an
immediate threat to the safety of life or the environment, or is
operated in a manner inconsistent with the terms of the permit or the
requirements of subsection (c) of this section, the permit may be
revoked. The owner, master, or person in charge of a vessel to which a
permit is issued, who willfully permits the vessel to be used or uses
the vessel in a manner inconsistent with the terms of the permit or
subsection (c) of this section, shall be liable to a civil penalty of
not more than $1,000.
Approved September 10, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 989 (Comm. on Merchant Marine and Fisheries)
and No. 94 - 1374 (Comm. of Conference).
SENATE REPORTS: No. 94 - 865 (Comm. on Commerce) and No. 94 - 1054
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 5, considered and passed
House. June 16, considered and passed Senate, amended. Aug. 2, Senate
agreed to conference report. Aug. 30, House agreed to conference
report.
PUBLIC LAW 94-405, 90 STAT, 1225
94th Congress, S. 2145
September 10, 1976
AN ACT
To provide Federal financial assistance to States in order to assist
local educational
agencies to provide education to Vietnamese and
Cambodian refugee
children, 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 " Indochina Refugee Children Assistance Act of 1976". //
20 USC 1211b note. //
TITLE I--PROGRAM FOR THE 1976 FISCAL YEAR
APPLICABILITY; DEFINITIONS
Sec. 101. // 20 USC 1211b note. //
(a) The provisions of this title shall be applicable for fiscal year
1976.
(b) As used in this title-
(1) The term " Commissioner" means the Commissioner of Education.
(2) The term "elementary school" means a day or residential school
which provides elementary education, as determined under State law.
(3) The term "free public education" means education which is
provided at public expense under public supervision and direction, and
without tuition charge, and which is provided as elementary or secondary
school education in the applicable State.
(4) The term " Indochinese refugee children" means children who are
refugees within the meaning of that term as defined in section 3 of the
Indochina Migration and Refugee Assistance Act of 1975. // 22 USC 2601
note. //
(5) The term "average per pupil expenditure" for a State means the
aggregate current expenditures during the second fiscal year preceding
the fiscal year for which the determination is made (or if satisfactory
data for that year are not available at the time of computation, then
during the most recent preceding fiscal year for which satisfactory data
are available) of all local educational agencies in the State, plus any
direct current expenditures by the State for the operation of such
agencies (without regard to the source of funds from which either of
such expenditures is made), divided by the aggregate number of children
in average daily attendance to whom such agencies provided free public
education during such preceding year.
(6) The term "current expenditures" means all expenditures for free
public education, except for (A) expenditures attributable to fixed
charges, including payments of principal and interest on short-term and
long-term debt, and payments for retirement benefits, for insurance and
judgments, for rental of land and buildings, and for construction costs,
(B) expenditures attributable to administration, and (C) expenditures
attributable to transportation or building maintenance.
(7) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a
service function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision of a
State, or such combination of school districts or counties as are
recognized in a State as an administrative agency for its public
elementary or secondary schools. Such term also includes any other
public institution or agency having administrative control and direction
of a public elementary or secondary school.
(8) The term "secondary school" means a day or residential school
which provides secondary education, as determined under State law.
(9) The term " State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of Columbia,
Guam, American Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands.
(10) The term " State educational agency" means the State board of
education or other agency or officer primarily responsible for the State
supervision of public elementary and secondary schools, or if there is
no such officer or agency, an officer or agency designated by the
Governor or by State law.
(11) The term "elementary or secondary nonpublic schools" means
schools which comply with the compulsory education laws of the State and
which are exempt from taxation under section 501 (c) (3) of the Internal
Revenue Code. // 26 USC 501. //
STATE ENTITLEMENTS
Sec. 102. // 20 USC 1211b note. // (a) The Commissioner shall, in
accordance with the provisions of this title, make payments to State
educational agencies for the fiscal year 1976 for the purposes set forth
in section 103.
(b) (1) Subject to the provisions of paragraphs (2) and (3), each
State educational agency shall be entitled to receive, for the fiscal
year ending June 30, 1976, an amount which, in addition to any amounts
received by such agency and the local educational agencies of such State
in that fiscal year under the Indochina Migration and Refugee Assistance
Act of 1975, // 22 USC 2601 note. // equals the additional
expenditures, as determined under section 103, incurred by such State
and local education agencies in that fiscal year in providing additional
basic educational services and necessary supplementary educational
services for Indochinese refugee children.
(2) For the fiscal year ending June 30, 1976, no State educational
agency shall be entitled to receive an amount under this title, which,
when combined with any funds received by such agency and the local
educational agencies of such State in such fiscal year under the
Indochina Migration and Refugee Assistance Act of 1975, exceeds an
amount equal to the average per pupil expenditure in such State for such
fiscal year multiplied by the number of Indochinese refugee children in
such State receiving public educational services.
(3) For the purpose of this subsection, the term " State" does not
include American Samoa, the Virgin Islands, and the Trust Territory of
the Pacific Islands.
(c) (1) The jurisdictions to which this subsection applies are
American Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands.
(2) Each jurisdiction to which this subsection applies shall be
entitled to a grant for the purposes set forth in section 103 in an
amount equal to an amount determined by the Commissioner in accordance
with criteria established by him, except that the aggregate of the
amount to which such jurisdictions are so entitled for any fiscal year
shall not exceed an amount equal to 1 per centum of the aggregate of the
amounts to which all States are entitled under subsection (b) of this
section for that fiscal year. If the aggregate of the amounts,
determined by the Commissioner pursuant to the preceding sentence, to be
so needed for any fiscal year exceeds an amount equal to such 1 per
centum limitation, the entitlement of each such jurisdiction shall be
reduced proportionatley until such aggregate does not exceed such 1 per
centum limitation.
(d) Determinations with respect to the number of Indochinese refugee
children by the Commissioner under this section for any fiscal year
shall be made, whenever actual satisfactory data are not available, on
the basis of estimates. No such determination shall operate, because of
an underestimate, to deprive any State educational agency of its
entitlement to any payment (or the amount thereof), under this section
to which such agency would be entitled had such determination been made
on the basis of accurate data.
USES OF FUNDS
Sec. 103. // 20 USC 1211b note. // (a) Financial assistance to
State and local educational agencies under this title shall be available
only to meet the cost of providing Indochinese refugee children-
(1) supplementary educational services necessary to enable
those children to achieve a satisfactory level of performance
including, but not limited to-
(A) English language instruction,
(B) other bilingual educational services, and
(C) special materials and supplies;
(2) additional basic instructional services which are directly
attributable to the presence in the school district of Indochinese
refugee children, including the cost of providing additional
classroom teachers and additional teaching materials and supplies,
but not including overhead costs, costs of construction,
acquisition or rental of space, or costs of transportation; and
(3) special inservice training for personnel who will be
providing instruction described in either paragraph (1) or (2).
(b) The Commissioner shall by regulation prescribe standards for the
determination of the actual additional expenditures incurred by State
and local educational agencies in providing educational services for
Indochinese refugee children. Such standards may include-
(1) maximum incremental costs for providing basic educational
services in relation to the number of additional children;
(2) maximum allowable costs for particular types of
supplementary educational services; and
(3) to the extent consistent with this section, categories of
programs, services, and expenditures for which funds provided
under this title may be used.
ALLOCATION OF APPROPRIATIONS
Sec. 104. // 20 USC 1211b note. //
If the sums appropriated for the fiscal year 1976 for making the
payments provided for in this title are not sufficient to pay in full
the total amounts which State educational agencies are entitled to
receive under this title for such year, the allocations to such State
educational agencies shall be ratably reduced to the extent necessary to
bring the aggregate of such allocations within the limits of the amount
so appropriated.
(b) In the event that funds become available for making payments
under this title for such fiscal year after allocations have been made
under subsection (a) for that year, the amounts reduced under subsection
(a) shall be increased on the same basis as they were reduced.
APPLICATIONS
Sec. 105. // 20 USC 1211b note. //
(a) No State educational agency shall be entitled to any payment
under this title for any fiscal year unless that agency submits an
application to the Commissioner at such time, in such manner, and
containing or accompanied by such information, as the Commissioner may
reasonably require. Each such application shall-
(1) provide that the educational programs, services, and
activities for which payments under this title are made will be
administered by or under the supervision of the agency;
(2) provide that payments under this title will be used for
purposes set forth in section 103;
(3) provide such data and assurances as the Commissioner may
prescribe-
(A) to demonstrate that the costs of the additional
instructional services for which the payment will be made are the
direct result of the presence of Indochinese refugee children and
that those additional instructional services will actually be
provided to those children for the duration of the period for
which assistance is made available under this title; and
(B) to demonstrate that such payments are distributed between
the State educational agency and the local educational agencies
within the State in proportion to the contribution to such costs
by each such agency;
(4) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the local
educational agency submitting an application for such funds
reasonable notice and opportunity for a hearing;
(5) provide for making such reports as the Commissioner may
reasonably require to perform his functions under this title; and
(6) provide assurances-
(i) that to the extent consistent with the number of
Indochinese refugee children enrolled in the elementary or
secondary nonpublic schools within the district served by a local
educational agency, such agency, after consultation with
appropriate officials of such schools, shall provide for the
benefit of these children secular, neutral, and nonideological
services, materials, and equipment necessary for the education of
such children;
(ii) that the control of funds provided under this paragraph
and title to materials, equipment, and property repaired,
remodeled, or constructed therewith shall be in a public agency
for the uses and purposes provided in this title, and a public
agency shall administer such funds and property; and
(iii) that the provision of services pursuant to this paragraph
shall be provided by employees of a public agency or through
contract by such public agency with a person, association, agency,
or corporation who or which, in the provision of such services, is
independent of such elementary or secondary nonpublic school and
of any religious organization; and such employment or contract
shall be under the control and supervision of such public agency,
and the funds provided under this paragraph shall not be
commingled with State or local funds.
(b) The Commissioner shall approve an application which meets the
requirements of subsection (a). The Commissioner shall not finally
disapprove an application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
PAYMENT
Sec. 106. // 20 USC 1211b note. //
(a) The Commissioner shall pay to each State educational agency
having an application approved under section 105 the amount which that
State is entitled to receive under section 102.
(b) The Commissioner is authorized to pay to each State educational
agency amounts equal to the amounts expended by it for the proper and
efficient administration of its functions under this title, except that
the total of such payments for any fiscal year shall not exceed 1 per
centum of the amounts to which that State educational agency is entitled
to receive for that year under this title.
(c) If a State is prohibited by law from providing public educational
services for children enrolled in elementary and secondary nonpublic
schools, as required by section 105 (a) (6), the Commissioner may waive
such requirement and shall arrange for the provision of services to such
children through arrangements which shall be subject to the requirements
of this title.
WITHHOLDING
Sec. 107. // 20 USC 1211b note. //
Whenever the Commissioner, after reasonable notice and opportunity
for a hearing to any State educational agency, finds that there is a
failure to meet the requirements of this title, the Commissioner shall
notify that agency that further payments will not be made to the agency
under this title, or in his discretion, that the State educational
agency shall not make further payments under this title to specified
local educational agencies (whose actions cause or are involved in such
failure) until he is satisfied that there is no longer any such failure
to comply. Until he is so satisfied, no further payments shall be made
to the State educational agency under this title or payments by the
State educational agency under this title shall be limited to local
educational agencies whose actions did not cause or were not involved in
the failure, as the case may be.
AUTHORIZATION OF APPROPRIATIONS
Sec. 108. // 20 USC 1211b note. //
There are authorized to be appropriated for fiscal year 1976 such
sums as may be necessary to make payments to which State educational
agencies are entitled under this title and payments for administration
under section 106 (b).
TITLE II- PROGRAM FOR THE TRANSITION PERIOD AND THE 1977 FISCAL YEAR
APPLICABILITY; DEFINITIONS
Sec. 201. (a) The provisions of this title shall be applicable for
the period beginning July 1, 1976, and ending September 30, 1977.
(b) As used in this title-
(1) The term " Commissioner" means the Commissioner of Education.
(2) The term "elementary school" means a day or residential school
which provides elementary education, as determined under State law.
(3) The term " Indochinese refugee children" means children who are
refugees within the meaning of that term as defined in section 3 of the
Indochina Migration and Refugee Assistance Act of 1975. // 22 USC 2601
note. //
(4) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a
service function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision of a
State, or such combination of school districts or counties as are
recognized in a State as an administrative agency for its public
elementary or secondary schools. Such term also includes any other
public institution or agency having administrative control and direction
of a public elementary or secondary school.
(5) The term "secondary school" means a day or residential school
which provides secondary education, as determined under State law.
(6) The term " State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of Columbia,
Guam, American Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands.
(7) The term " State educational agency" means the State board of
education or other agency or officer primarily responsible for the State
supervision of public elementary and secondary schools, or if there is
no such officer or agency, an officer or agency designated by the
Governor or by State law.
(8) The term "elementary or secondary nonpublic schools" means
schools which comply with the compulsory education laws of the State and
which are exempt from taxation under section 501 (c) (3) of the Internal
Revenue Code. // 26 USC 501. //
STATE ENTITLEMENTS
Sec. 202. // 20 USC 1211b note. //
(a) The Commissioner shall, in accordance with the provisions of this
title, make payments to State educational agencies for the period July
1, 1976, through September 30, 1977, for the purposes set forth in
section 203.
(b) (1) Except as provided in subsection (d) of this section, the
maximum amount of the grant to which a State educational agency is
entitled under this title, for the period beginning July 1, 1976, and
ending September 30, 1977, shall be equal to the sum of-
(A) the number of Indochinese refugee children aged 5 to 17,
inclusive, receiving public educational services under the
supervision of each local educational agency within that State
during the period for which the determination is made;
multiplied by-
(B) the lesser of-
(i) $300 for each of the first one hundred such children who
are furnished such services under the supervision of each local
educational agency within such State, or
(ii) if the number of such children equals or exceeds 1 per
centum of the total number of children enrolled in the schools of
that agency, $300 for each such child in such 1 per centum who is
furnished such services under the supervision of each local
educational agency within such State; and
(C) $600 for each additional such child in excess of one
hundred such children, or in excess of such 1 per centum, as the
case may be, being furnished such services under the supervision
of that agency.
(2) For the purpose of this subsection, the term " State" does not
include American Samoa, the Virgin Islands, and the Trust Territory of
the Pacific Islands.
(c) (1) The jurisdictions to which this subsection applies are
American Samoa, the Virgin Islands, and the Trust Territory of the
Pacific Islands.
(2) Each jurisdiction to which this subsection applies shall be
entitled to a grant for the purposes set forth in section 203 in an
amount equal to an amount determined by the Commissioner in accordance
with criteria established by him, except that the aggregate of the
amount to which such jurisdictions are so entitled for any period shall
not exceed an amount equal to 1 per centum of the aggregate of the
amounts to which all States are entitled under subsection (b) of this
section for that period. If the aggregate of the amounts, determined by
the Commissioner pursuant to the preceding sentence, to be so needed for
any period exceeds an amount equal to such 1 per centum limitation, the
entitlement of each such jurisdiction shall be reduced proportionately
until such aggregate does not exceed such 1 per centum limitation.
(d) Notwithstanding any other provision of this section, no State
educational agency shall be entitled to receive a grant for any period
in excess of the amount equal to the amount to which such agency would
otherwise be entitled under this section for that period minus the sum
of the amounts received by the local educational agencies of that State
and by that State educational agency for that period under the Indochina
Migration and Refugee Assistance Act of 1975. // 22 USC 2601 note. //
(e) Determinations with respect to the number of Indochinese refugee
children by the Commissioner under this section for any period shall be
made, whenever actual satisfactory data are not available, on the basis
of estimates. No such determination shall operate, because of an
underestimate, to deprive any State educational agency of its
entitlement to any payment (or the amount thereof), under this section
to which such agency would be entitled had such determination been made
on the basis of accurate data.
USES OF FUNDS
Sec. 203. // 20 USC 1211b note. //
Payments made under this title to any State may be used in accordance
with applications approved under section 205 for public educational
services for Indochinese refugee children in the schools of the local
educational agencies of that State and in elementary and secondary
nonpublic schools of that State.
ALLOCATION OF APPROPRIATIONS
Sec. 204. // 20 USC 1211b note. //
(a) If the sums appropriated for the period from July 1, 1976, to
September 30, 1977, for making the payments provided for in this title
are not sufficient to pay in full the total amounts which State
educational agencies are entitled to receive under this title for such
period, the allocations to such State educational agencies shall be
ratably reduced to the extent necessary to bring the aggregate of such
allocations within the limits of the amount so appropriated.
(b) In the event that funds become available for making payments
under this title for such period after allocations have been made under
subsection (a) for that period, the amounts reduced under subsection (a)
shall be increased on the same basis as they were reduced.
APPLICATIONS
Sec. 205. // 20 USC 1211b note. //
(a) No State educational agency shall be entitled to any payment
under this title for any period unless that agency submits an
application to the Commissioner at such time, in such manner, and
containing or accompanied by such information, as the Commissioner may
reasonably require. Each such application shall-
(1) provide that the educational programs, services, and
activities for which payments under this title are made will be
administered by or under the supervision of the agency;
(2) provide that payments under this title will be used for
purposes set forth in section 203;
(3) provide assurances that such payments will be distributed
among local educational agencies within that State in accordance
with sections 202 (b) (1) and 202 (d);
(4) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this title without first affording the local
educational agency submitting an application for such funds
reasonable notice and opportunity for a hearing;
(5) provide for making periodic reports to the Commissioner
evaluating the effectiveness of the payments made under this
title, and such other reports as the Commissioner may reasonably
require to perform his functions under this title; and
(6) provide assurances-
(i) that to the extent consistent with the number of
Indochinese refugee children enrolled in the elementary or
secondary nonpublic schools within the district served by a local
educational agency, such agency, after consultation with
appropriate officials of such schools, shall provide for the
benefit of these children secular, neutral, and nonideological
services, materials, and equipment necessary for the education of
such children;
(ii) that the control of funds provided under this paragraph
and title to materials, equipment, and property repaired,
remodeled, or constructed therewith shall be in a public agency
for the uses and purposes provided in this title, and a public
agency shall administer such funds and property; and
(iii) that the provision of services pursuant to this paragraph
shall be provided by employees of a public agency or through
contract by such public agency with a person association, agency,
or corporation who or which, in the provision of such services, is
independent of such elementary or secondary nonpublic school and
of any religious organization: and such employment or contract
shall be under the control and supervision of such public agency,
anf the funds provided under this paragraph shall not be
commingled with State or local funds.
(b) The Commissioner shall approve an application which meets the
requirements of subsection (a). The Commissioner shall not finally
disapprove and application of a State educational agency except after
reasonable notice and opportunity for a hearing on the record to such
agency.
PAYMENTS
Sec. 206. // 20 USC 1211b note. //
(a) The Commissioner shall pay to each State educational
agency having an application approved under section 205 the amount which
that State is entitled to receive under this title.
(b) The Commissioner is authorized to pay to each State educational
agency amounts equal to the amounts expended by it for the proper and
efficient administration of its functions under this title, except that
the total of such payments for any period shall not exceed 1 per centum
of the amounts which that State educational agency is entitled to
receive for that period under this title.
(c) If a State is prohibited by law from providing public educational
services for children enrolled in elementary and secondary nonpublic
schools, as required by section 205 (a) (6), the Commissioner may waive
such requirement and shall arrange for the provision of services to such
children through arrangements which shall be subject to the requirements
of this title.
WITHHOLDING
Sec. 207. // 20 USC 1211b note. //
Whenever the Commissioner, after reasonable notice and opportunity
for a hearing to any State educational agency, finds that there is a
failure to meet the requirements of this title, the Commissioner shall
notify that agency that further payments will not be made to the agency
under this title, or in his discretion, that the State educational
agency shall not make further payments under this title to specified
local educational agencies (whose actions cause or are involved in such
failure) until he is satisfied that there is no longer any such failure
to comply. Until he is so satisfied, no further payments shall be made
to the State educational agency under this title or payments by the
State educational agency under this title shall be limited to local
educational agencies whose actions did not cause or were not involved in
the failure, as the case may be.
AUTHORIZATION OF APPROPRIATIONS
Sec. 208. // 20 USC 1211b note. //
There are authorized to be appropriated for the period beginning July
1, 1976, and ending September 30, 1977, such sums as may be necessary to
make payments to which State educational agencies are entitled under
this title and payments for administration under section 206 (b).
TITLE III- ADULT EDUCATION PROVISION
AMENDMENT TO THE ADULT EDUCATION ACT
Sec. 301. // 20 USC 1201 note. //
The Adult Education Act (Public Law 91 - 230) is amended by adding
the following new section at the end thereof:
" EMERGENCY ADULT EDUCATION PROGRAM FOR INDOCHINA REFUGEES
" Sec. 315. // 20 USC 1211b. //
(a) From the appropriations authorized for the period beginning July
1, 1976, and ending September 30, 1977, but not appropriated for other
programs under this title, the Commissioner shall carry out a program of
making grants to State and local education agencies for such years for
the purpose of operating special adult education programs for Indochina
refugees, as defined in section 3 of the Indochina Migration and Refugee
Assistance Act of 1975. // 22 USC 2601 note. // Such grants may be
used for-
"(1) programs of instruction of adult refugees in basic
reading, mathematics, development and enhancement of necessary
skills, and promotion of literacy amoung refugee adults, for the
purpose of enabling them to become productive members of American
society;
"(2) administrative costs of planning and operating such
programs of instruction;
"(3) educational support services which meet the needs of adult
refugees, including but not limited to guidance and counseling
with regard to educational, career, and employment opportunities;
and
"(4) special projects designed to operate in conjunction with
existing Federal and non-Federal programs and activities to
develop occupational and related skills for individuals,
particularly programs authorized under the Comprehensive
Employment and Training Act of 1973
// 29 USC 801 note. //
or under the Vocational Education Act of 1963.
// 20 USC 1241 note. //
"(b) The Commissioner shall not approve an application for a grant
under this section unless (1) in the case of an application by a local
education agency, it has been reviewed by the respective State education
agency which shall provide assurance to the Commissioner that, if
approved by the Commissioner, the grant will not duplicate existing and
available programs of adult education which meet the special needs of
Indochina refugees, and (2) the application includes a plan acceptable
to the Commissioner which provides reasonable assurances that adult
refugees who are in need of a program are located in an area near that
State or local education agency, and would participate in the program if
available.
"(c) Applications for a grant under this section shall be submitted
at such time, in such manner, and contain such information as the
Commissioner may reasonably require.
"(d) Notwithstanding the provisions of sections 305 and 307 (a), the
Commissioner shall pay all the costs of applications approved by him
under this section.".
Approved September 10, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 719 accompanying H. R. 7897 (Comm. on
Education and Labor) and No. 94 - 1333 (Comm. of Conference).
SENATE REPORT No. 94 - 432 (Comm. on Labor and Public Welfare).
CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 29, considered and
passed Senate. Vol. 122 (1976): Jan. 19, considered and passed House,
amended, in lieu of H. R. 7897. Aug. 30, House agreed to conference
report. Sept. 1, Senate agreed to conference report.
PUBLIC LAW 94-404, 90 STAT, 1224
94th Congress, H. R. 11481
September 10, 1976
AN ACT
To authorize appropriations for the fiscal year 1977 for certain
maritime programs of the Department of Commerce, 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 " Maritime Appropriation Authorization Act of Fiscal Year
1977".
Sec. 2. Funds are authorized to be appropriated without fiscal year
limitation as the appropriation Act may provide for the use of the
Department of Commerce, for the fiscal year 1977, as follows:
(1) For payment of obligations incurred for operating-
differential subsidy, not to exceed $403,721,000;
(2) For expenses necessary for research and development
activities, not to exceed $22,500,000;
(3) For reserve fleet expenses, not to exceed $4,560,000;
(4) For maritime training at the Merchant Marine Academy at
Kings Point, New York, not to exceed $13,260,000; and
(5) For financial assistance to State marine schools, not to
exceed $4,000,000.
Sec. 3. There are authorized to be appropriated for the fiscal year
1977, in addition to the amounts authorized by section 2 of this Act,
such additional supplemental amounts, for the activities for which
appropriations are authorized under section 2 of this Act, as may be
necessary for increases in salary, pay, retirement, or other employee
benefits authorized by law, and for increased costs for public
utilities, food service, and other expenses of the Merchant Marine
Academy at Kings Point, New York.
Approved September 10, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 871 (Comm. on Merchant Marine and Fisheries)
and No. 94 - 1375 (Comm. of Conference).
SENATE REPORTS: No. 94 - 833 (Comm. on Commerce) and No. 94 - 1056
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 11, considered and
passed House. June 15, considered and passed Senate, amended. Aug. 3,
Senate agreed to conference report. Aug. 30, House agreed to conference
report.
PUBLIC LAW 94-403, 90 STAT, 1221
94th Congress, H. R. 9153
September 9, 1976
AN ACT
Granting the consent of Congress to the New Hampshire- Vermont
Interstate Sewage Waste Disposal Facilities Compact.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 33 USC 1253. // That
the consent of Congress is hereby given to the New Hampshire-Vermont
Interstate Sewage Waste Disposal Facilities Compact which has been
entered into in accordance with the provisions of section 103 (b) of the
Federal Water Pollution Control Act. The compact reads as follows:
" NEW HAMPSHIRE- VERMONT INTERSTATE SEWAGE AND WASTE DISPOSAL
FACILITIES COMPACT
" Article i
" GENERAL PROVISIONS
" A. Statement of Policy.-It is recognized that in certain cases
municipalities in New Hampshire and Vermont may, in order to aviod
duplication of cost and effort, and in order to take advantage of
economies of scale, find it necessary or advisable to enter into
agreements whereby joint sewage and waste disposal facilities are
erected and maintained. The states of New Hampshire and Vermont
recognize the value of and need for such agreements, and adopt this
compact in order to authorize their establishment.
" B. Requirement of Congressional Approval.-This compact shall not
become effective until approved by the United States Congress.
" C. Definitions.--
"1. ' Sewage and waste disposal facilities' shall mean publicly-
owned sewers, interceptor sewers, sewerage facilities, sewage treatment
facilities and ancillary facilities whether qualifying for grants in aid
under title II of the Federal Water Pollution Control Act, as amended,
or not. // 33 USC 1281. //
"2. ' Municipalities' shall mean cities, towns, village districts or
other incorporated units of local government possessing authority to
construct, maintain and operate sewage and waste disposal facilities and
to raise revenue therefor by bonding and taxation, which may legally
impose and collect user charges and impose and enforce pretreatment
conditions upon users of sewage and waste disposal facilities.
"3. ' Water pollution agency' shall mean the agencies within New
Hampshire and Vermont possessing regulating authority over the
construction, maintenance and operation of sewage and waste disposal
facilities and the administration of grants in aid from their respective
state and under the Federal Water Pollution Act, // 33 USC 1251 note.
// as amended, for the construction of such facilities.
"4. ' Governing body' shall mean the legislative body of the
municipality, including, in the case of a town, the town meeting, and,
in the case of a city, the city counsel, or the board of mayor and
aldermen or any similar body in any community not inconsistent with the
intent of this definition.
" Article II
" PROCEDURES AND CONDITIONS GOVERNING INTERGOVERNMENTAL AGREEMENTS
" A. Cooperative Agreements Authorized.--Any tow or more
municipalities, one or more located in New Hampshire and one or more
located in Vermont, may enter into cooperative agreements for the
construction, maintenance and operation of a single sewage and waste
disposal facility serving all of the municipalities who are parties
thereto.
" B. Approval of Agreements.-Any agreement entered into under this
compact shall, prior to becoming effective, be approved by the water
pollution agency of each state, and shall be in a form established
jointly by said agencies of both states.
" C. Method of Adopting Agreement.-Agreements hereunder shall be
adopted by the governing body of each municipality in accordance with
existing statutory procedures for the adoption of intergovernmental
agreements between municipalities within each state.
" D. Review and Approval of Plans.-The water pollution agency of the
state in which any part of a sewage and waste disposal facility which is
proposed under an agreement pursuant to this compact is proposed to be
or is located is hereby authorized and required, to the extent such
authority exists under its state law, to review and approve or
disapprove all reports, designs, plans and other engineering document
required to apply for federal grants in aid or grants in aid from said
agency's state, and to supervise and regulate the planning, design,
construction, maintenance and operation of said part of the facility.
" E. Federal Grants and Financing.-
"(1. Application for federal grants in aid for the planning, design
and construction of sewage and waste disposal facilities other than
sewers shall be made jointly by the agreeing municipalities, with the
amount of the grant attributable to each state's allotment to be based
upon the relative total capacity reserves allocated to the
municipalities in the respective states determined jointly by the
respective state water pollution agencies. Each municipality shall be
responsible for applying for federal grants for sewers to be located
within the municipal boundaries.
"2. Municipalities are hereby authorized to raise and appropriate
revenue for the purpose of contributing pro rata to the planning, design
and construction cost of sewage and waste disposal facilities
constructed and operated as joint facilities pursuant to this compact.
" F. Contents of Agreements.-Agreements entered into pursuant to
this compact shall contain the following:
"1. A uniform system of charges for industrial users of the joint
sewage and waste disposal facilities.
"2. A uniform set of pretreatment standards for industrial users of
the joint sewage and waste disposal facilities.
"3. A provision for the pro rata sharing of operating and
maintenance costs based upon the ratio of actual flows to the plant as
measured by devices installed to guage such flows with reasonable
accuracy.
"4. A provision establishing a procedure for the arbitration and
resolution of disputes.
"5. A provision establishing a procedure for the carriage of
liability insurance, if such insurance is necessary under the laws of
either state.
"6. A provision establishing a procedure for the modification of the
agreement.
"7. A provision establishing a procedure for the adoption of
regulations for the use, operation and maintenance of the joint
facilities.
"8. A provision setting forth the means by which the municipality
that does not own the joint sewage and waste disposal facility will pay
the other municipality its share of the maintenance and operating costs
of said facility.
" G. Nothing in this compact shall be construed to authorize the
establishment of interstate districts, authorities, or any other new
governmental or quasi-governmental entity.
" Article III
" Effective Date
" This compact shall become effective when a bill of the general
assembly of each of the states of New Hampshire and Vermont which
incorporates the compact becomes a law in each such state and when it is
approved by the United States Congress.".
Sec. 2. The right to alter, amend, or repeal this Act is hereby
expressly reserved.
Approved September 9, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1117 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 1165 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 17, considered and passed
House. Aug. 26, considered and passed Senate.
PUBLIC LAW 94-402, 90 STAT, 1220
94th Congress, H.R. 12261
September 7, 1976
AN ACT
To extend the period during which the Council of the District of
Columbia is prohibited from revising the criminal laws of the District.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That paragraph (9) of
section 602 (a) of the District of Columbia Self-Government and
Governmental Reorganization Act (D.C. Code, sec. 1 - 147 (a) (9)) is
amended by striking out "twenty-four" and inserting in lieu thereof
"forty-eight", and by inserting, immediately preceding the word
"during", a comma and the words "or with respect to any criminal offense
pertaining to articles subject to regulation under chapter 32 of title
22 of the District of Columbia Code". // D.C. Code 22 - 3201. //
Approved September 7, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1418 (Comm. on the District of Columbia).
CONGRESSIONAL RECORD, Vol. 122(1976): Aug. 23, considered and passed
House. Aug. 24, considered and passed Senate.
PUBLIC LAW 94-401, 90 STAT, 1215
94th Congress, H. R. 12455
September 7, 1976
AN ACT
To amend title XX of the Social Security Act so as to permit greater
latitude by
the States in establishing criteria respecting
eligibility for social services, to
facilitate and encourage the implementation by States of
child day care services
programs conducted pursuant to such title, to promote the
employment of
welfare recipients in the provision of child day care
services, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 42 USC 1397a. //
That (a) section 2002 (a) of the Social Security Act is amended by
adding at the end thereof the following new paragraph:
"(14) (A) For purposes of paragraphs (5) and (6), an individual
shall, at the option of the State, be deemed to be an individual
described in paragraph (5) (B) if, because of the geographic area in
which any particular service is provided to him, the characteristics of
the community to which it is provided, the nature of the service, the
conditions (other than income) of eligibility to receive it, or other
factors surrounding its provision, the State may reasonably conclude,
without individual determinations of eligibility, that substantially all
of the persons who receive the service are members of families with a
monthly gross income which is not more than 90 per centum of the median
income of a family of four in the State, adjusted (in accordance with
regulations prescribed by the Secretary) to take into account the size
of the family.
"(B) The provisions of subparagraph (A) shall not be applicable to
child day care services furnished to any child other than a child of a
migratory agricultural worker.".
(b) Section 2000 (a) // 42 USC 1397a. // (4) of such Act is amended
by adding at the end thereof (after and below subparagraph (E) the
following new sentence: " In any case in which services are provided to
individuals to whom the provisions of paragraph (14) are applied, the
proportion of the expenditures for such services which are attributable
to individuals described in the preceding sentence may be determined on
the basis of generally accepted statistical sampling procedures.".
(c) Section 2002 (a) (6) of such Act is amended, in the matter
preceding subparagraph (A), by inserting ",family planning services,"
immediately after "referral service".
(d) // 42 USC 1397a note. //
The amendments made by this section shall be effective on and after
October 1, 1975.
Sec. 2. Effective February 1, 1976, section 7 (a) (3) of Public Law
93 - 647 is amended by striking out " February 1, 1976" and inserting in
lieu thereof " October 1, 1977".
Sec. 3. (a) // 42 USC 1397a note. 42 USC 1397 note. 42 USC 1397a
note. 42 USC 1397. //
For purposes of title XX of the Social Security Act, the amount of
the limitation (imposed by section 2002 (a) (2) of such Act) which is
applicable to any State for the fiscal period beginning July 1, 1976,
and ending September 30, 1976, or which is applicable to any State for
the fiscal year ending September 30, 1977, shall be deemed to be equal
to whichever of the following is the lesser:
(1) an amount equal to--
(A) 106.4 per centum of the amount of the limitation so imposed (as
determined without regard to this section)in the case of such fiscal
period, or
(B) 108 per centum of the amount of the limitation so imposed (as
determined without regard to this section) in the case of such fiscal
year ending September 30, 1977, or
(2) an amount equal to (A) 100 per centum of such limitation
for such fiscal period or fiscal year (as determined without
regard to this section), plus (B) an amount equal to the sum of
(i) 75 per centum (in the case of such fiscal period) or 100 per
centum (in the case of such fiscal year) of the total amount of
expenditures (I) which are made during such fiscal period or year
in connection with the provision of any child day care service,
and (II) with respect to which payment is authorized to be made to
the State under such title for such fiscal period or year, and
(ii) the aggregate of the amounts of the grants, made by the State
during such fiscal period or year, to which the provisions of
subsection (c) (1) are applicable.
(b) The additional Federal funds which become payable to any State
for the fiscal period or fiscal year specified in subsection (a) by
reason of the provisions of such subsection shall, to the maximum extent
that the State determines to be feasible, be employed in such a way as
to increase the employment of welfare recipients and other low-income
persons in jobs related to the provision of child day care services.
(c) (1) Subject to paragraph (2). sums granted by a State to a
qualified provider of child day care services (as defined in paragraph
(3) (A)) during the fiscal period or fiscal year specified in subsection
(a), to assist such provider in meeting its Federal welfare recipient
employment incentive expenses (as defined in paragraph (3) (B)) with
respect to individuals employed in jobs related to the provision of
child day care services in one or more child day care facilities of such
provider, shall be deemed, for purposes of title XX of the Social
Security Act, // 42 USC 1397. // to constitute expenditures made by the
State, in accordance with the requirements and conditions imposed by
such Act, for the provision of services directed at one or more of the
goals set forth in clauses (A) through (E) of the first sentence of
section 2002 (a) (1) of such Act. // 4i USC 1397a. // With respect to
sums to which the preceding sentence is applicable (after application of
the provisions of paragraph (2)), the figure "75", as contained in the
first sentence of section 2002 (a) (1) of such Act, shall be deemed to
read "100".
(2) The provisions of paragraph (1) shall not be applicable--
(A) to the amount, if any, by which the aggregate of the sums
(as described in such paragraph) granted by any State during the
fiscal period or fiscal year specified in subsection (a) exceeds
the amount by which such State's limitation (as referred to in
subsection (a)) is increase pursuant to such subsection for such
fiscal period or year, or
(B) with respect to any grant made to a particular qualified
provider of child day care services to the extent that (as
determined by the Secretary) such grant is or will be used--
(i) to pay wages to any employee at an annual rate in excess of
$5,000, in the case of a public or nonprofit private provider, or
(ii) to pay wages to any employee at an annual rate in excess
of $4,000, or to pay more than 80 per centum of the wages of any
employee, in the case of any other provider.
(3) For purposes of this subsection--
(A) the term "qualified provider of child day care services",
when used in reference to a recipient of a grant by a State,
includes a provider of such services only if, of the total number
of childern receiving such services from such provider in the
facility with respect to which the grant is made, at least 20 per
centum thereof have some or all of the costs for the child day
care services so furnished to them by such provider paid for under
the State's services program conducted pursuant to title XX of the
Social Security Act;
// 42 USC 1397. //
and
(B) the term " Federal welfare recipient employment expenses"
means expenses of a qualified provider of child day care services
which constitute Federal welfare recipient employment incentive
expenses as defined in section 50 B (a) (2) of the Internal
Revenue Code of 1954,
// 26 USC 50b. //
or which would constitute Federal welfare recipient employment
incentive expenses as so defined if the provider were a taxpayer
entitled to a credit (with respect to the wages involved) under
section 40 of such Code.
// 26 USC 40. //
(d) (1) In the administration of title XX of the Social Security Act,
the figure "75", as contained in the first sentence of section 2002 (a)
(1) of such Act, // 42 USC 1397a. // shall, subject to paragraph (2),
be deemed to read "100" for purposes of applying such sentence to
expenditures made by a State for the provision of child day care
services during the fiscal year ending September 30, 1977.
(2) The total amount of Federal payments which may be paid to any
State for such fiscal year under title XX of the Social Security Act at
the rate specified in paragraph (1) shall not exceed an amount equal to
the excess (if any) of--
(A) the amount by which such State's limitation (as referred to
in subsection (a)) is increased pursuant to such subsection for
such year, over
(B) the aggregate of the amounts of the grants, made by the
State during such year, to which the provisions of subsection (c)
(1) are applicable.
Sec. 4. (a) Section 50 A (a) of the Internal Revenue Code of 1954 //
26 USC 50a. // (relating to amount of credit for work incentive program
expenses) is amended--
(1) by adding at the end of paragraph (2) the following new
sentence: " The preceding sentence shall not apply to so much of
the credit allowed by section 40 as is attributable to Federal
welfare recipient employment incentive expenses described in
subsection (a) (6) (B).", and
(2) by striking out paragraph (6) and inserting in lieu
thereof
the following:
"(6) LIMITATION WITH RESPECT TO CERTAIN ELIGIBLE EMPLOYEES.-
"(A) Nonbusiness eligible employees.--Notwithstanding paragraph
(1), the credit allowed by section 40
// 26 USC 40. //
with respect to Federal welfare recipient employment incentive
expenses paid or incurred by the taxpayer during the taxable year
to an eligible employee whose services are not performed in
connection with a trade or business of the taxpayer shall not
exceed $1,000.
"(B) Child day care services eligible employees.--
Notwithstanding paragraph (1), the credit allowed by section 40
// 26 USC 40. //
with respect to Federal welfare recipient employment incentive
expenses paid or incurred by the taxpayer during the taxable year
to an eligible employee whose services are performed in connection
with a child day care services program, conducted by the taxpayer,
shall not exceed $1,000.".
(b) Section 50 B (a) (2) // 26 USC 50b. //
of such Code (relating to definitions; special rules) is amended to
read as follows:
"(2) Definitions--For purposes of this section, the term '
Federal welfare recipient employment incentive expenses' means the
amount of wages paid or incurred by the taxpayer for services
rendered to the taxpayer by an eligible employee--
"(A) before July 1, 1976, or
"(B) in the case of an eligible employee whose services are
performed in connection with a child day care services program of
the taxpayer, before October 1, 1977.".
(c) // 26 USC 50a note. //
The amendments made by this section with respect to Federal welfare
recipient employment incentive expenses paid or incurred by the taxpayer
to an eligible employee whose services are performed in connection with
a child day care services program of the taxpayer shall apply to such
expenses paid or incurred by a taxpayer to an eligible employee whom
such taxpayer hires after the date of the enactment of this Act.
Sec. 5. // 42 USC 1397a. //
(a) Section 2002 (a) (9) (A) (ii) of the Social Security Act is
amended--
(1) by striking out "and" at the end of clause (II), and
(2) by adding after the comma at the end of clause (III) the
following: "(IV) the State agency may waive the staffing
standards otherwise applicable in the case of a day care center of
group day care home in which not more than 20 per centum of the
children in the facility (or, in the case of a day care center,
not more than 5 children in the center) are children whose care is
being paid for (wholly or in part) from funds made available to
the State under this title, if such agency finds that it is not
feasible to furnish day care for the children, whose care is so
paid for, in a day care facility which complies with such staffing
standards, and if the day care facility providing care for such
children complies with applicable State standards, and (V) in
determining whether applicable staffing standards are met in the
case of day care provided in a family day care home, the number of
children being cared for in such home shall include a child of the
mother who is operating the home only if such child is under age
6,".
(b) // 42 USC 1397a note. //
The amendments made by subsection (a) shall, insofar as such
amendments add a new clause (V) to section 2002 (a) (9) (A) (ii) of the
Social Security Act, be effective for the period beginning October 1,
1975, and ending September 30, 1977; and on and after October 1, 1977,
section 2002 (a) (9) (A) (ii) of the Social Security Act shall read as
it would if such amendments had not been made.
Sec. 6. // 42 USC 1397a note. 42 USC 1397b. //
Effective February 1, 1976, section 4(c) of Public Law 94 - 120 is
amended by striking out " January 31, 1976" and " February 1, 1976" and
inserting in lieu thereof " September 30, 1977" and " October 1, 1977",
respectively.
Approved September 7, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 903 (Comm. on Ways and Means). and No. 94 -
1317 (Comm. of Conference).
SENATE REPORT No. 94 - 857 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 16, considered and
passed House. May 20, consider and passed Senate, amended. July 1,
House receded and concurred in Senate amendments with an amendment.
Aug. 24, Senate agreed to conference report and concurred in House
amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 37:
Sept. 7, Presidential statement.
PUBLIC LAW 94-400, 90 STAT, 1211
94th Congress, S. 3542
September 7, 1976
AN ACT
To authorize the Secretary of the Interior to make compensation for
damages
arising out of the failure of the Teton Dam a feature of the Teton
Basin
Federal reclamation project in Idaho, and for other pruposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Congress finds
that without regard to the proximate cause of the failure of the Teton
Dam, it is the purpose of the United States to fully compensate any and
all persons, for the losses sustained by reason of the failure of said
dam. The purposes of this Act are (1) to provide just compensation for
the deaths, personal injuries and losses of property, including the
destruction and damage to irrigation works, resulting from the failure
on June 5, 1976, of the Teton Dam in the State of Idaho, and (2) to
provide for the expeditious consideration and settlement of claims for
such deaths, personal injuries, and property losses.
Sec. 2. All persons who suffered death, personal injury, or loss of
property directly resulting from the failure of June 5, 1976, of the
Teton Dam of the Lower Teton Division of the Teton Basin Federal
reclamation project which was authorized to be constructed by the Act of
September 7, 1964 (78 Stat. 925) // 43 USC 616nn. // shall be entitled
to receive from the United States full compensation for such death,
personal injury, or loss of property. Claimants shall submit their
claims in writing to the Secretary, under such regulations as he
prescribes, within two years after the date on which the regulations
required by section 5 are published in the Federal Register. Claims
based on death shall be submitted only by duly authorized legal
representatives.
Sec. 3. (a) The Secretary of the Interior, or his designee for the
purpose, acting on behalf of the United States, is hereby authorized to
and shall investigate, consider, ascertain, adjust, determine, and
settle any claim for money damages asserted under section 2. Except as
otherwise provided herein, the laws of the State of Idaho shall apply:
Provided, That determinations, awards, and settlements under this Act
shall be limited to actual or compensatory damages measured by the
pecuniary injuries or loss involved and shall not include interest prior
to settlement or punitive damages.
(b) In determining the amount to be awarded under this Act the
Secretary shall reduce any such amount by an amount equal to the total
of insurance benefits (except life insurance benefits) or other payments
or settlements of any nature previously paid with respect top such death
claims, personal injury, or property loss.
(c) Payments approved by the Secretary under this Act on death,
personal injury, and property loss claims, shall not be subject to
insurance subrogation claims in any respect under this Act but without
prejudice under other laws as provided in subsection (f).
(d) The Secretary shall not include in an award any amount for
reimbursement to any insurance fund for loss payments made by such
company or fund.
(e) Except as to the United States, no claim cognizable under this
Act shall be assigned or transferred.
(f) The acceptance by the claimant of any award, compromise, or
settlement under this Act, except an advance or partial payment made
under section 4(c), shall be final and conclusive on the claimant, and
shall constitute a complete release of any claim against the United
States by reason of the same subject matter. A release shall not,
however, prevent an insurer with rights as a subrogee under its own name
or that of the claimant from exercising any right of action against the
United States to which it may be entitled under any other laws for
payments made to the claimant for a loss arising from the subject
matter.
(g) Any claim for damages which may be payable in whole or in part by
a claimant's insurer, shall not be paid by the Secretary unless and
until the claimant provides written proof that the insurer has denied
the claim or has failed to approve or deny such claim within six months
of its presentment, and the claimant assigns to the United States his
rights against the insurer with respect to such claim. Upon the
acceptance of any payment or settlement under this Act, the claimant
shall assign to the United States any rights of action he has or may
have against any other third party, including an insurer.
Sec. 4. (a) In the determination and settlement of claims asserted
under this Act, the Secretary shall limit himself to the determination
of--
(1) whether the losses sustained directly resulted from the
failure of the Teton Dam on June 5, 1976;
(2) the amounts to be allowed and paid pursuant to this Act;
and
(3) the persons entitled to receive the same.
(b) The Secretary shall determine and fix the amount of awards, if
any, in each claim within twelve months from the date on which the claim
was submitted.
(c) At the request of a claimant, the Secretary is authorized to make
advance or partial payments prior to final settlement of a claim,
including final settlement on any portion or aspect of a claim
determined to be logically severable. Such advance or partial payments
shall be made available under regulations promulgated by the Secretary
under section 5, which regulations shall include, but not be limited to,
provisions for such payments where the Secretary determines that to
delay payment until final settlement of the claim would impose a
substantial hardship on such claimant. When a claimant pursues a remedy
as provided for in section 9 of this Act, he shall be permitted to
retain such advance or partial payments under a final court decision on
the merits.
(d) Payments may be made for compensation for direct investments made
in on-farm structural facilities in anticipation of service from the
Teton Reservoir to the extent that such facilities are unuseable or are
diminished in value by the denial of such service.
Sec. 5. Nothwithstanding any other provision of law, the Secretary
shall within fifteen days after the enactment of this Act promulgate and
publish in the Federal Register, final regulations and procedures for
the handling of the claims authorized in section 2 of this Act. The
Secretary shall also cause to be published, in newspapers with general
circulation in the State of Idaho, an explanation of the rights
conferred by this Act and the procedural and other requirements imposed
by the rules of procedure promulgated by him. Such explanation shall be
inclear, concise, and easily understandable language. In addition, the
Secretary shall also disseminate such explanation concerning such rights
and procedures, and other data helpful to claimants, in the State of
Idaho, by means of brochures, pamphlets, radio, television, and other
media likely to reach prospective claimants.
Sec. 6. The claims program established by this Act shall, to the
extent practicable, be coordinated with other disaster relief operations
conducted by other Federal agencies under the Sisaster Relief Act of
1974 (42 U.S.C. 5121) and other provisions of law. The Secretary shall
consult with the heads of such other Federal agencies, and shall, as he
deems necessary, consistent with the expeditious determination of claims
hereunder, make use of information developed by such agencies. The
heads of all other Federal agencies performing disaster relief functions
under the Disaster Relief Act of 1974 and other Federal authorities are
hereby authorized and directed to provide the Secretary, or his
designee, such information and records as the Secretary or his designee
shall deem necessary for the administration of this Act.
Sec. 7. In order to expedite the repair and restoration of irrigation
facilities damaged as a direct result of the failure of the Teton Dam,
the Secretary is authorized and directed to enter into agreements with
the owners of such facilities to finance the repair or reconstruction
thereof, to the standards and conditions existing immediately prior to
the failure of Teton Dam, either by direct payment or through
construction contracts administered by the Bureau of Reclamation to the
extent the cost of repairs or construction are not covered by insurance.
The cost of such repairs or reconstruction shall be nonreimbursable.
Sec. 8. At the end of the year following approval of this Act and
each year thereafter until the completion of the claims program, the
Secretary shall make an annual report to the Congress of all claims
submitted to him under this Act stating the name of each claimant, the
amount claimed, a brief description of the claim, and the status or
disposition of the claim including the amount of each administrative
payment and award under the Act.
Sec. 9. (a) An action shall not be instituted in any court of the
United States upon a claim against the United States which is included
in a claim submitted under this Act until the Secretary or his designee
has made a final disposition of the pending claim. A pending claim may
be withdrawn from consideration prior to final decision upon fifteen
days written notice, and such withdrawal shall be deemed an abandonment
of the claim for all purposes under this Act. After withdrawal of a
claim or after the final decision of the Secretary or his designee on a
claim under this Act, a claimant may elect to assert said claim or
institute an action thereon against the United States in any court of
competent jurisdiction under any other provision of applicable law, and
upon such election there shall be no further consideration or
proceedings on the claim under this Act.
(b) Any claimant aggrieved by a final decision of the Secretary under
this Act may file within sixty days from the date of such decision with
the United States District Court for the District of Idaho a petition
praying that such decision be modified or set aside in whole or in part.
The court shall hear such appeal on the record made before the
Secretary. The filing of such an appeal shall constitute an election of
remedies. The decision of the Secretary incorporating his findings of
fact therein, if supported by substantial evidence on the record
considered as a whole, shall be conclusive.
(c) Except to the extent otherwise herein provided, nothing in this
Act shall be construed to prevent any claimant under this Act from
exercising any rights to which he may be entitled under any other
provisions of law.
(d) Attorney and agent fees shall be paid out of the awards
hereunder. No attorney or agent on account of services rendered in
connection with each claim shall receive in excess of 10 per centum of
the amount paid in connection therewith, any contract to the contrary
notwithstanding. Whoever violates this subsection shall be fined a sum
not to exceed $10,000.
Sec. 10. For the purposes of this Act, the term "persons" means any
individual, Indian, Indian tribe, corporation, partnership, company,
municipality, township, association or other non-Federal entity.
Sec. 11. If any particular provision of this Act or the application
thereof to any person or circumstance, is held invalid, the other
provisions of this Act shall not be affected thereby.
Sec. 12. There are hereby authorized to be appropriated such funds as
may be required to carry out the purposes of this Act.
Approved September 7, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1423 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 963 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol 122 (1976): June 17, considered and passed
Senate. Aug. 24, considered and passed House, amended. Aug. 25, Senate
concurred in House amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 37:
Sept. 7, Presidential statement.
PUBLIC LAW 94-399, 90 STAT, 1205
94th Congress, H. R. 11009
September 4, 1976
AN ACT
To provide for an independent audit of the financial condition of the
government of the District of Columbia
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // D.C. Code 47-101
note. // That there is hereby established the Temporary Commission on
Financial Oversight of the District of Columbia (hereinafter referred to
as the "commission").
(b) The commission shall consist of eight members as follows:
(1) three Members of the Senate appointed by the President of
the Senate (or any designee of any such Member so appointed, which
designee shall act for such Member in his stead);
(2) three Members of the House of Representatives appointed by
the Speaker of the House of Representatives (or any designee of
any such Member so appointed, which designee shall act for such
Member in his stead);
(3) the Mayor of the District of Columbia (or any designee of
the Mayor, which designee shall act for the Mayor in his stead);
and
(4) the Chairman of the Council of the District of Columbia (or
any designee of the Chairman, which designee shall act for the
Chairman is his stead).
(c) Five members of the commission shall constitute a quorum.
(d) (1) A chairman and vice chairman of the commission shall be
selected by a majority vote of the full commission from among the
members thereof. The vice chairman shall act in the place and stead of
the chairman in the absence of the chairman.
(2) The commission is authorized to establish such operating
procedures as it determines necessary to enable it to carry out its
functions under this Act.
(e) The first meeting of the commission shall be called by the
majority leader of the Senate and the Speaker of the House of
Representatives, jointly.
(f) The commission is authorized to utilize the personnel of the
government of the District of Columbia, with the approval of the Mayor,
or the Chairman of the Council of the District of Columbia, as the case
may be, and the Committee on the District of Columbia of the Senate, the
Committee on the District of Columbia of the House of Representatives,
the Committee on Appropriations of the Senate, or the Committee on
Appropriations of the House of Representatives, with the approval of the
chairman of such committee. The commission is authorized to utilize, on
a reimbursable basis, the services and personnel of the General
Accounting Office to assist the commission in carrying out its functions
under this Act.
Sec. 2. // D.C. Code. 47 -101 note. USC prec. title 1. //
(a) For the purpose of meeting the responsibilities imposed by the
Constitution on the Congress with respect to the District of Columbia,
it shall be the function of the commission, after consultation with the
Comptroller General, to select such qualified persons as the commission
may determine necessary for the development of certain plans on behalf
of the government of the District of Columbia (including assistance in
the implementation thereof) for the purpose of improving the financial
planning, reporting, and control systems of such government. Plans to
be considered for development and implementation pursuant to this Act
shall include, among others, plans for the following: immediate
improvement in financial control and reporting; assessing the scope of
further necessary improvements; financial management system
improvements; personnel-payroll system improvements; water-sewage
billing and information system improvements; purchasing and material
management system improvements; property accounting system
improvements; real property system improvements; welfare payments
system improvements; human resources eligibility, payment, and
reporting system improvements; health care financial system
improvements; and traffic ticket system control improvements.
(b) Each contract entered into with a person pursuant to subsection
(c) of this section for the development of a system improvements plan
shall contain a provision requiring that person to include within such
plan procedures for the establishment of an ongoing training program for
operating personnel of the government of the District of Columbia whose
duties involve matters covered by such plan or part thereof in order to
provide training for such personnel in connection with the operation of
such system. Each such contract shall further contain provisions
comparable to those provided by Standard Form 32, section 1-16.901-32 of
title 41, Code of Federal Regulations.
(c) Upon the selection by the commission of each qualified person to
develop and implement a plan pursuant to this section, the chairman of
the commission shall enter into a negotiated fixed price contract or
contracts with that person for the development and implementation of
such plan.
(d) (1) Each such contract so entered into shall set forth the scope
of the work to be performed, amounts to be paid thereunder, and a
schedule of reporting and completion dates, including a schedule of
implementation dates, for each portion of such work. Each contractor
shall have full access to such books, individuals, accounts, financial
records, reports, files, and other papers, things, or property of the
government of the District of Columbia as such contractor deems
necessary to complete such contract. The Comptroller General shall have
full access to all documents produced under each contract.
(2) After establishment of the schedule for completing each such
contract and until the completion of such contract, each contractor
shall report, at such time as such contract shall provide, to the
commission and the Comptroller General on the progress toward completion
of such contract, except that each such contractor shall report at least
once during the one-hundred-and-eighty-day period after establishment of
such schedule for completion of such contract.
(e) (1) With respect to any such contract or part thereof involving
the design (including a preliminary design) of a system referred to in
subsection (a) of this section, the contractor, upon the completion of
the plan or part relating to such design (including procedures for its
implementation), shall submit such plan or part, together with a
schedule for its implementation, to the Comptroller General.
(2) With respect to any such contract involving work other than the
design of such a system, the contractor, upon the completion of the plan
or part thereof relating to such work, shall submit such plan or part
thereof, together with a schedule for implementing such plan or part, to
the Comptroller General.
(3) Notwithstanding the foregoing provisions of paragraphs (1) and
(2) of this subsection, in no case shall any contractor under this Act
submit a plan, part, or schedule to the Comptroller General unless such
plan, part, or schedule has first been submitted by that contractor to
the contractor responsible for the development and implementation of a
financial management system improvements plan for such contractor's
review, comments, and recommendations. A copy of such comments and
recommendations, if any, shall be submitted, together with such plan,
part, or schedule, to the Comptroller General in accordance with
paragraphs (1) and (2) of this subsection.
(4) Within the sixty-day period following the date of the receipt by
him of such plan or part thereof, and after consultation with the
commission, the Comptroller General shall approve, disapprove, or modify
such plan or part (including any schedule for the implementation
thereof), in whole or in part. On or before the expiration of such
sixty-day period, the Comptroller General shall submit such plan or
part, as so approved, modified, or disapproved to the Congress for its
consideration, together with his reasons for such modification or
disapproval.
(f) (1) Each such plan or part thereof so approved by the Comptroller
General without modification shall be deemed on the date of such
approval, to be a part of the financial planning, reporting, accounting,
control, and operating procedures of the government of the District of
Columbia. Each such plan or part thereof modified by the Comptroller
General shall, upon the expiration of the forty-five- day period of
continuous session of the Congress following the date on which such
modified plan or part thereof is so submitted to the Congress, be deemed
to be a part of the financial planning, reporting, accounting, control,
and operating procedures of the government of the District of Columbia,
unless within such forty-five-day period, the Congress adopts a
concurrent resolution disapproving the action of the Comptroller General
with respect to such modifications. In any case in which any such
concurrent resolution is so adopted by the Congress, such plan or part
thereof, as it existed immediately prior to any such modification, shall
be deemed a part of such procedures as of the date of the adoption by
Congress of such concurrent resolution, No such plan or part thereof
disapproved by the Comptroller General shall take effect, unless, within
such forty-five-day period following the date of its submission to the
Congress, the Congress adopts a concurrent resolution disapproving the
action of the Comptroller General in disapproving such plan or part
thereof. If such action of the Comptroller General is so disapproved,
such plan or part thereof shall be deemed a part of such procedures as
of the date of the adoption by Congress of such concurrent resolution.
(2) For purposes of this section, the continuity of a session of
Congress is broken only by an adjournment of the Congress sine die, and
the days on which either House is not in session because of an
adjournment of more than three days to a day certain are excluded in
computation of such forty-five-day period.
(g) With respect to any such plan or part so deemed to be a part of
the financial planning, reporting, accounting, control, and operating
procedures of the government of the District of Columbia under
subsection (f) (1), the Mayor of the District of Columbia, with the
assistance of the contractor responsible for such plan or part, shall
implement such plan or part for the government of the District of
Columbia in accordance therewith. The Comptroller General shall monitor
such implementation and report as he deems appropriate to the
commission.
Sec. 3. // D.C. Code. 47-101 note. USC prec. title 1. //
(a) (1) For the purpose of meeting the oversight responsibilities
imposed by the Constitution on the Congress with respect to the District
of Columbia, the Congress hereby authorizes the commission, in
accordance with the provisions of paragraph (2) of this subsection, to
cause to be undertaken, on behalf of the government of the District of
Columbia, by a certified public accountant licensed in the District of
Columbia, a balance sheet audit of the financial position of the
District of Columbia as of September 30, 1977, Such audit may--
(A) include an identification of assets, liabilities,
accumulated
surplus or deficit; and
(B) exclude statements of revenues and expenses, changes in
fund balances, statements of changes in financial position for
enterprise funds, and property and equipment.
(2) The balance sheet audit authorized by paragraph (1) of this
subsection shall cover the financial position of the District of
Columbia as of September 30, 1977, unless the commission, on or before
August 1, 1977, is notified by the Comptroller General to the effect
that such an audit as of that date is not practicable, in which case the
commission is authorized to cause to be undertaken a balance sheet audit
of the financial position of the District of Columbia as of such date as
the Comptroller General shall recommend to the commission.
(b) The commission is further authorized to cause to be undertaken,
on behalf of the government of the District of Columbia, by a certified
public accountant licensed in the District of Columbia, an audit or
audits of the financial position and results of operations of the
District of Columbia for each fiscal year or years next following
September 30, 1977, or the date recommended by the Comptroller General
for the conduct of a balance sheet audit pursuant to subsection (a) of
this section, whichever last occurs, and which precede the fiscal year
commencing October 1, 1979.
(c) Upon the selection by the commission of each qualified person to
conduct an audit pursuant to this section, the chairman of the
commission shall enter into a negotiated fixed price contract with that
person for that purpose. Each such audit shall be carried out in
accordance with generally accepted auditing standards and the financial
statements shall be prepared in accordance with generally accepted
accounting principles. // D.C. Code. 47-120-2. // The results of each
such audit shall be submitted to the Congress, the President of the
United States, the Council of the District of Columbia, the Mayor of the
District of Columbia, and the Comptroller General.
(d) Such contractor shall have full access to such books,
individuals, accounts, financial records, reports, files, tax returns,
and other papers, things, or property of the government of the District
of Columbia as such contractor deems necessary to complete each such
audit required by such contract.
Sec. 4. (a) For the fiscal year beginning October 1, 1979, and each
fiscal year thereafter, the government of the District of Columbia shall
conduct, out of funds of the government of the District of Columbia, an
audit of the financial operations of such government. Each such audit
shall be conducted by a certified public accountant licensed in the
District of Columbia and carried out in accordance with generally
accepted auditing standards and the financial statements shall be
prepared in accordance with generally accepted accounting principles.
(b) For the purpose of conducting an audit for each such fiscal year
as required by subsection (a) of this section, the Mayor of the District
of Columbia shall, on or after January 2, 1979, select, subject to the
advice and consent of the Council of the District of Columbia, a
qualified person to conduct such audits for the fiscal year commencing
October 1, 1979, and the next following three fiscal years. Thereafter,
each individual elected as Mayor in a general election held for Mayor of
the District of Columbia shall, on or after January 2 next following his
or her election to, and the assuming of, the Office of Mayor, select,
subject to the advice and consent of the Council of the District of
Columbia, a qualified person to conduct such audits for the fiscal year
commencing October 1 of the calendar year in which such Mayor takes
office, and the next following three fiscal years. The person
previously selected for a four-year period shall not succeed himself or
herself. If the Council fails to act on any such selection within a
thirty-day period following the date on which it receives from the Mayor
the name of such person so selected, the Mayor shall be authorized to
enter into a contract with that person for the conduct of such audits.
If any person so selected by the Mayor to conduct any such audits for
such fiscal years is rejected by the Council, the Mayor shall submit to
the Council the name of another qualified person selected by the Mayor
to conduct such audits. In the event that the Council rejects the
second person so selected by the Mayor, the Mayor shall, within thirty
days following that rejection, notify the chairman of the Committee on
Appropriations of the Senate and the chairman of the Committee on
Appropriations of the House of Representatives, in writing, of that
fact. Within fifteen days following the receipt of that notice, such
chairmen shall jointly select a person to conduct such audits and shall
inform the Mayor, in writing, of the name of the person so selected.
Within ten days following the receipt by the Mayor of such name, the
Mayor shall enter into a contract with such person pursuant to which
that person shall conduct such audits for such fiscal years as herein
provided.
(c) The Mayor shall submit a copy of the audit report with respect to
each such audit so conducted to the Congress, the President of the
United States, the Council of the District of Columbia, and the
Comptroller General.
Sec. 5. // S.C. Code 47 - 101 note. //
(a) For the purpose of making payments under contracts entered into
under sections 2 and 3 of this Act, for reimbursing the Comptroller
General under subsection (f) of the first section of this Act, and for
meeting other expenses incurred by the commission under this Act, there
is authorized to be appropriated to the commission the sum of
$16,000,000, of which $8,000,000 shall be from funds in the Treasury not
otherwise appropriated, and $8,000,000 shall be from funds in the
Treasury to the credit of the District of Columbia. Sums appropriated
pursuant to this section are authorized to remain available until
expended.
(b) No funds appropriated pursuant to subsection (a) of this section
out of funds in the Treasury to the credit of the District of Columbia
may be used for any payment under any contract entered into pursuant to
section 2 or 3 of this Act, for any payment as reimbursement to the
General Accounting Office, or for expenses of the commission, in an
amount greater than 50 per centum of the total amount of any such
payment.
(c) The chairman of the commission may enter into contracts under
sections 2 and 3 of this Act only to the extent and in such amounts as
are provided in appropriation Acts.
Sec. 6. // D.C. Code 47 - 101 note. //
As used in this Act, the term--
(1) "person" means any individual, partnership, firm,
corporation, or other entity; and
(2) "government of the District of Columbia" includes the Mayor
of the District of Columbia, the Council of the District of
Columbia, the courts of the District of Columbia, and all agencies
(as defined in paragraph (3) of section 3 of the District of
Columbia Administrative Procedure Act (D. C. Code, sec.
1 - 1502 (3))).
Sec. 7. // D.C. Code 47 - 101 note. //
Thirty days after notification by the Comptroller General to the
commission of the completion and implementation of all plans and designs
under this Act, or thirty days after final payment of all contracts
entered into pursuant to sections 2 and 3 of this Act, whichever last
occurs, the commission shall cease to exist.
Approved September 4, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1094 (Comm. on the District of Columbia) and
No. 94 - 1381 (Comm. of Conference).
SENATE REPORT No. 94 - 1015 (Comm. on the District of Columbia).
CONGRESSIONAL RECORD, Vol 122 (1976): May 24, considered and passed
House. July 1, considered and passed Senate, amended. Aug. 23, House
agreed to conference report. Aug. 24, Senate agreed to conference
report.
PUBLIC LAW 94-398, 90 STAT, 1204
94th Congress, H.R. 10370
September 4, 1976
AN ACT
To amend the Act of January 3, 1975, establishing the the Canaveral
National Seashore.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 16 USC 459j-5. //
That section 6 of the Act of January 3, 1975 (88 Stat. 2121, 2125) is
amended as follows:
(1) in subsection (a) delete "five members" and insert in lieu
thereof "six members" and
(2) delete (a) (3) in its entirety and insert in lieu thereof
"(3) two members representing the general public: Provided,
That one member shall be appointed from each county in which the
seashore is located.".
Approved September 4, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 802 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 1157 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976):: Feb. 2, considered and passed
House. Aug. 24, considered and passed Senate.
PUBLIC LAW 94-397, 90 STAT, 1202
94th Congress, H.R. 3650
September 3, 1976
AN ACT
To clarify the application of section 8344 of title 5, United States
Code, relating
to civil service annuities and pay upon reemployment, 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) section 8344
(a) of title 5, United States Code, is amended to read as follows:
"(a) If an annuitant receiving annuity from the Fund, except--
"(1) a disability annuitant whose annuity is terminated because
of his recovery or restoration of earning capacity;
"(2) an annuitant whose annuity, based on an involuntary
separation (other than an automatic separation or an involuntary
separation for cause on charges of misconduct or delinquency), is
terminated under subsection (b) of this section;
"(3) an annuitant whose annuity is terminated under subsection
(c) of this section; or
"(4) a Member receiving annuity from the Fund;
becomes employed in an appointive or elective position, his service on
and after the date he is so employed is covered by this subchapter.
Deductions for the Fund may not be withheld from his pay. An amount
equal to the annuity allocable to the period of actual employment shall
be deducted from his pay, except for lump-sum leave payment purposes
under section 5551 of this title // 5 USC 5551. // The amounts so
deducted shall be deposited in the Treasury of the United States to the
credit of the Fund. If the annuitant serves on a full-time basis,
except as President, for at least 1 year, or on a part-time basis for
periods equivalent to at least 1 year of full-time service, in
employment not excluding him from coverage under section 8331 (1) (i) or
(ii) of this title-- // 5 USC 8331. //
"(A) his annuity on termination of employment is increased by
an annuity computed under section 8339 (a), (b), (d), (e), (h),
and (i) of this title
// 5 USC 8339. //
as may apply based on the period of employment and the basic pay,
before deduction, averaged during that employment; and
"(B) his lump-sum credit may not be reduced by annuity paid
during that employment.
If the annuitant is receiving a reduced annuity as provided in section
8339 (j) or section 8339 (k) (2) of this title, the increase in annuity
payable under subparagraph (A) of this subsection is reduced by 10
percent and the survivor annuity payable under section 8341 (b) of this
title // 5 USC 8341. // is increased by 55 percent of the increase in
annuity payable under such subparagraph (A), unless, at the time of
claming the increase payable under such subparagraph (A), the annuitant
notifies the Commission in writing that he does not desire the survivor
annuity to be increased. If the annuitant dies while still reemployed,
the survivor annuity payable is increased as though the reemployment had
otherwise terminated. If the described employment of the annuitant
contunues for at least 5 years, or the equivalent of 5 years in the case
of part-time employment, he may elect, instead of the benefit provided
by subparagraph (A) of this subsection, to deposit in the Fund an amount
computed under section 8334 (c) of this title // 5 USC 8334. //
covering that employment and have his rights redetermined under this
subchapter. If the annuitant dies while still reemployed and the
described employment had continued for at least 5 years, or the
equivalent of 5 years in the case of part-time employment, the person
entitled to survivor annuity under section 8341 (b) of this title // 5
USC 8341. // may elect to deposit in the Fund and have his rights
redetermined under this subchapter.".
(b) Section 8344 of title 5, United States Code, is amended--
(1) by redesignating subsections (b) and (c) thereof as
subsections (d) and (e), respectively; and
(2) by inserting immediately after subsection (a) thereof the
following new subsections:
"(b) If an annuitant, other than a Member receiving an annuity from
the Fund, whose annuity is based on an involuntary separation other than
an automatic separation or an involuntary separation for cause or
charges on misconduct or delinquency) is reemployed in a position in
which he is subject to this subchapter, payment of the annuity
terminates on reemployment.
"(c) If an annuitant, other than a Member receiving an annuity from
the Fund, is appointed by the President to a position in which he is
subject to this subchapter, payment of the annuity terminates on
reemployment.".
(c) Section 8344 (d) of title 5, United States Code, as redesignated
by this Act, is amended by striking out the last sentence.
(d) Section 8339 (f) (2) (C) of title 5, United States Code, is
amended by striking out "8344 (b) (1)" and inserting in lieu thereof
"8344 (d) (1)".
Sec. 2. // 5 USC 8344 note. //
(a) Except as provided under subsection (b) of this section, the
amendments made by this Act shall become effective on the date of the
enactment of this Act or October 1, 1976, whichever is later, and shall
apply to annuitants serving in appointive or elective positions on and
after such date.
(b) The amendment made by subsection (c) of the first section of this
Act shall become effective on the date of the enactment of this Act or
October 1, 1976, whichever is later, but shall not apply to any
annuitant reemployed before such date.
Approved September 3, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 336 (Comm. on Post Office and Civil Service).
SENATE REPORTS: No. 94 - 877 (Comm. on Post Office and Civil
Service) and No. 94 - 1030 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Vol. 121 (1975): July 21, considered and passed House.
Vol. 122 (1976): Aug. 9, considered and passed Senate,
amended.
Aug. 25, House concurred in Senate amendments.
PUBLIC LAW 94-396, 90 STAT, 1201
94th Congress, H. R. 3052
September 3, 1976
AN ACT
To amend section 512 (b) (5) of the Internal Revenue Code of 1954 with
respect
to the tax treatment of the gain on the lapse of options to buy or sell
securities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 26 USC 1236. // That
(a) section 512 (b) (5) of the Internal Revenue Code of 1954 (relating
to modifications to unrelated business taxable income) is amended by
inserting after the first sentence the following new sentence: " There
shall also be excluded all gains on the lapse or termination of options,
written by the organization in connection with its investment
activities, to buy or sell securities (as defined in section 1236
(c)).".
(b) // 26 USC 512 note. //
The amendment made by subsection (a) shall apply to gain from options
which lapse or terminate on or after January 1, 1976, in taxable years
ending on or after such date.
Sec. 2. (a) The following provisions of the Internal Revenue Code of
1954 are amended by striking out " September 1, 1976" and inserting in
lieu thereof " September 15, 1976":
(1) section 3402 (a)
// 26 USC 3402. //
relating to income collected at source);
(2) section 6153 (g)
// 26 USC 6153. //
(relating to installment payments of estimated income tax by
individuals); and
(3) section 6154 (h)
// 26 USC 6154. //
(relating to installment payments of estimated income tax by
corporations).
(b) Section 209 (c) // 26 USC 3402 note. //
of the Tax Reduction Act of 1975 is amended by striking out "
September 1, 1976" and inserting in lieu thereof " September 15, 1976".
Approved September 3, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1134 (Comm. on Ways and Means).
SENATE REPORT No. 94 - 1172 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 122 (1976): June 8, considered and passed
House. Aug. 31, considered and passed Senate, amended. Sept. 1. House
concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 12, No. 37: Sept.
6, Presidential statement.
PUBLIC LAW 94-395, 90 STAT, 1199
94TH CONGRESS, H.R. 13679
SEPTEMBER 3, 1976
AN ACT
To provide assistance to the Government of Guam, to guarantee certain
obligations of the Guam Power Authority, 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 11 of the
Organic Act of Guam (64 Stat. 387, 48 U.S.C. 1423a) is hereby amended by
adding at the end thereof the following language: " The Secretary of
the Interior (hereafter in this section referred to as ' Secretary') is
authorized to guarantee for purchase by the Federal Financing Bank bonds
or other obligations of the Guam Power Authority maturing on or before
December 31, 1978, which shall be issued in order to refinance
short-term notes due or existing on June 1, 1976 and other indebteness
not evidenced by bonds or notes in an aggregate amount of not more than
$36 million, and such bank, in addition to its other powers, is
authorized to purchase, receive or otherwise acquire these same. The
interest rate on obligations purchased by the Federal Financing Bank
shall be not less than 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 of comparable
maturities, adjusted to the nearest one-eighth of 1 per centum, plus 1
per centum per annum. The Secretary, with the concurrence of the
Secretary of the Treasury, may extend the guarantee provision of the
previous sentence until December 31, 1980. Such guaranteed bonds or
other obligations shall, while outstanding, include a provision for
semiannual payments of interest only. If the Secretary determines that
the Guam Power Authority will not meet its obligation to pay interest,
the Secretary shall request the Secretary of the Treasury to deduct such
payments from sums collected and paid pursuant to Section 30 of this Act
(48 U.S.C. 1421h). Should there be default at maturity on the bonds or
other obligations so guaranteed, (1) the Secretary may withhold such
sums as he determines may be necessary from sums collected by the
Secretary of the Treasury pursuant to Section 30 of this Act (48 U.S.C.
1421h) until losses incurred by the Secretary under the guarantee plus
interest at the rate specified in this section have been reimbursed to
the Secretary and (2) notwithstanding any other provision of law, Acts
making appropriations may provide for the withholding of any payments
from the United States to the Government of Guam which may be or may
become due pursuant to any law and offset the amount of such withheld
payments against any claim the United States may have against the
Government of Guam or the Guam Power Authority pursuant to this
guarantee. For the purposes of this Act, under Section 3466 of the
Revised Statutes (31 U.S.C. 191) the term 'person' includes the
Government of Guam and Guam Power Authority. The Secretary may place
such stipulations as he deems appropriate on the bonds or other
obligations he guarantees.".
Approved September 3, 1976.
LEGISLATIVE HISTORY:
SENATE REPORT No. 94 - 1155 accompanying S. 3681 (Comm. on Interior
and Insular Affairs).
CONGRESSIONAL RECORD Vol. 122 (1976): July 1, considered and passed
House. Aug. 24, 25, considered and passed Senate, in lieu of S. 3681.
PUBLIC LAW 94-394, 90 STAT, 1198
94th Congress, S. 3435
September 3, 1976
AN ACT
To increase an authorization of appropriations for the * Privacy
Protection Study Commission, and to remove the fiscal year expenditure
limitation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 5 USC 552a note. //
That the provision of law referred to in the note immediately preceding
section 553 of title 5, United States Code, is amended to read as
follows:
" Sec. 9. There is authorized to be appropriated, without fiscal year
limitation only to such extent or in such amounts as are provided in
appropriation Acts, the sum of $2,000,000 to carry out the provisions of
section 5 of this Act for the period beginning July 1, 1975, and ending
on September 30, 1977.".
Approved September 3, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1417 (Comm. on Government Operations).
SENATE REPORT No. 94 - 861 (Comm. on Government Operations).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 19, considered and passed
Senate. Aug. 24, considered and passed House.
PUBLIC LAW 94-393, 90 STAT, 1196
94th Congress, S. 2642
August 19, 1976
AN ACT
To provide for the establishment of the Ninety Six National Historic
Site in the State of South Carolina, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 16 USC 461 note. //
That in order to preserve and commemorate for the benefit and enjoyment
of present and future generations an area of unique historical
significance associated with the settlement and development of the
English Colonies in America and with the southern campaign of the
American Revolutionary War, including the Star Fort, the Secretary of
the Interior (hereinafter referred to as the " Secretary") is authorized
to acquire lands and interests therein by donation, purchase, or
exchange, not to exceed one thousand one hundred and twenty acres, in
the vicinity of the Old Ninety Six and Star Fort National Historic
Landmark in the State of South Carolina, for establishment as the Ninety
Six National Historic Site, as generally depicted on the map entitled
"96 New Area Study Alternative 2, Ninety Six Site, Ninety Sic, South
Carolina, Sheet 8 of 17", and dated May 1976, which shall be on file and
available for public inspection in the offices of the National Park
Service, Washington, District of Columbia: Provided, That lands and
interests therein owned by the State of South Carolina or any political
subdivision thereof may be acquired only by donation. The Secretary
shall establish the historic site by publication of a notice to that
effect in the Federal Register at such time as he determines that
sufficient property to constitute an administrable unit has been
acquired. After advising the Committees on Interior and Insular Affairs
of the United States Senate and House of Representatives in writing, the
Secretary may from time to time revise the boundaries of the historic
site, but the total acreage of the site shall not exceed one thousand on
hundred and twenty acres.
Sec. 2. // 16 USC 461 note. //
Pending establishment of the site and thereafter, the Sectretary
shall administer property acquired pursuant to this Act in accordance
with the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2 - 4), as
amended and supplemented, andthe Act of August 21, 1935 (49 Stat. 666;
U.S.C. 461 - 467), as amended.
Sec. 3. // 16 USC 461 note. //
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act, but not more than
$320,000 for the acquisition of lands and interests in lands.
(b) For the development of essential public facilities there are
authorized to be appropriated not more than $2,463,000. Within two
years from the date of establishment of the historic site pursuant to
this Act, the Secretary shall, after consulting with the Governor of the
State of South Carolina, develop and transmit to the Committees on
Interior and Insular Affairs of the United States Congress a general
management plan for the development of the historic site consistent with
the objectives of this Act, indicating:
(1) the facilities needed to accommodate the health, safety,
and interpretive needs of the visiting public;
(2) the location and estimated cost of all facilities; and
(3) the projected need for any additional facilities within the
Ninety Six National Historic Site.
Approved August 19, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1143 accompanying H. R. 9549 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 94 - 810 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 13, considered and passed
Senate. June 8, considered and passed House, amended, in lieu of H. R.
9549. June 30, Senate concurred in House amendments with amendments.
Aug. 10, House concurred in Senate amendments.
PUBLIC LAW 94-392, 90 STAT, 1193
94TH CONGRESS, H. R. 13359
AUGUST 19, 1976
AN ACT
To authorize the government of the Virgin Islands to issue bonds in
anticipation
of revenue receipts and to authorize the guarantee of such bonds by the
United
States under specified conditions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 48 USC 1574a. //
That (a) in addition to the authority conferred by section 8 (b) of the
Revised Organic Act of the Virgin Islands (48 U.S.C. 1574(b)), the
legislature of the government of the Virgin Islands is authorized to
cause to be issued bonds or other obligations of such government in
anticipation of revenues to be received under section 28 (b) of such Act
(26 U.S.C. 7652). The proceeds of such bonds or other obligations may
be used for any purpose authorized by an act of the legislature. The
legislature of the government of the Virgin Islands may initiate, by
majority vote of the members, a binding referendum vote to approve or
disapprove the amount of any such bond or other obligation and/or any
purpose for which such bond or other obligation is authorized.
(b) The legislature of the government of the Virgin Islands may
provide, in connection with any issue of bonds or other obligations
authorized to be issued under subsection (a) the proceeds of which are
to be used for public works or other capital projects, that a guarantee
of such bonds or obligations by the United States should be applied for
under section 2 of this Act.
(c) Except to the extent inconsistent with the provisions of this
Act, the provisions of section 8 (b) (ii) of the Revised Organic Act of
the Virgin Islands // 48 USC 1574. // (other than the limitation
contained in the proviso to the first sentence of subparagraph (A))
shall apply to bonds and other obligations authorized to be issued under
subsection (a).
Sec. 2. // 48 USC 1574b. // When authorized under subsection (b) of
the first section of this Act, the government of the Virgin Islands may
apply to the Secretary of the Interior (hereinafter referred to as the "
Secretary") for a guarantee of any issue of bonds or other obligations
authorized to be issued under subsection (a) of the first section of
this Act. Any such application shall contain such information as the
Secretary may prescribe.
(b) The Secretary is authorized, with the approval of the Secretary
of the Treasury, to guarantee and to enter into commitments to
guarantee, upon such terms and conditions as he may prescribe, payment
of principal and interest on bonds and other obligations issued by the
government of the Virgin Islands under subsection (a) of the first
section of this Act. No guarantee or commitment to guarantee shall be
made unless the Secretary determines--
(1) that the proceeds of such issue will be used only for
public works or other capital projects;
(2) taking into account anticipated expenditures by the
government of the Virgin Islands while the bonds or other
obligations forming a part of such issue will be outstanding, all
outstanding obligations of the government of the Virgin Islands
which will mature while the bonds or other obligations forming a
part of such issue will be outstanding, and such other factores as
he deems pertinent, that the revenues expected to be received
under section 28 (b) of the Revised Organic Act of the Virgin
Islands
// 26 USC 7652. //
will be sufficient to pay the principal of, and interest on, the
bonds or other obligations forming a part of such issue;
(3) that credit is not otherwise available on reasonable terms
and conditions and that there is reasonable assurance of
repayment, and
(4) that the maturity of any obligations to be guaranteed does
not exceed thirty years or 90 per centum of the useful life of the
physical assets to be financed by the obligation, whichever is
less as determined by the Secretary.
(c) The Secretary shall charge and collect fees in amounts sufficient
in his judgment to cover the costs of administering this section. Fees
collected under this subsection shall be deposited in the revolving fund
created under subsection (g).
(d) Any guarantee made by the Secretary shall be conclusive evidence
of the eligibility of the obligation for such guarantee, and the
validity of any guarantee so made shall be incontestable, except for
fraud or material misrepresentation, in the hands of the holder of the
guaranteed obligation. Such guarantee shall constitute a pledge of the
full faith and credit of the United States for such obligation.
(e) The interest on any obligation guaranteed under this section
shall be included in gross income for purposes of chapter 1 of the
Internal Revenue Code of 1954. // 26 USC 1 et seq. //
(f) The aggregate principal amount of obligations which may be
guaranteed under this Act shall not exceed $61,000,000. No commitment
to guarantee shall be entered into under this Act after October 1, 1979.
(g) (1) There is hereby created within the Treasury a separate fund
(hereinafter referred to as "the fund") which shall be available to the
Secretary without fiscal year limitation as revolving fund for the
purpose of this Act. A business-type budget for the fund shall be
prepared, transmitted to the Congress, considered, and enacted in the
manner prescribed by law (section 102, 103, and 104 of the Government
Corporation Control Act (31 U.S.C. 847 - 849)) for wholly owned
Government corporations.
(2) All expenses, including reimbursements to other government
accounts, and payments pursuant to operations of the Secretary under
this Act shall be paid from the fund. If at any time the Secretary
determines that moneys in the fund exceed the present and any reasonably
prospective future requirements of the fund, such excess may be
transferred to the general fund of the Treasury.
(3) If at any time the moneys available in the fund are insufficient
to enable the Secretary to discharge his responsibilities under
guarantees under this Act, he shall issue to the Secretary of the
Treasury notes or other obligations 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. Redemption of such
notes or obligations shall be made by the Secretary from appropriations
which are hereby authorized for this purpose. Such notes or other
obligations shall bear interest at a rate determined by the Secretary of
the Treasury, which shall not be less than a rate determined by taking
into consideration the average market yield on outstanding marketable
obligations of the United States of comparable maturities during the
month preceding the issuance of the notes or other obligations. The
Secretary of the Treasury shall purchase any notes or other obligations
issued hereunder and for that purpose he is authorized to use as a
public debt transaction the proceeds from the sale of any securities
issued under the Second Liberty Bond Act // 31 USC 774. // and the
purposes for which securities may be issued under that Act are extended
to include any purchase of such notes or obligations. The Secretary of
the Treasury may at any time sell any of the notes or other obligations
acquired by him under this subsection. All redemptions, purchases, and
sales by the Secretary of the Treasury of such notes or other
obligations shall be treated as public debt transactions of the United
States.
Sec. 3. // 48 USC 1574c. //
Each issue of bonds or other obligations issued under subsection (a)
of the first section of this Act shall have priority for payment of
principal and interest out of revenues received under section 28 (b) of
the Revised Organic Act of the Virgin Islands // 26 USC 7652. // in the
order of the date of issue, except that issues guaranteed under section
2 shall have priority, according to the date of issue, over issues not
so guaranteed and the revenues received under section 28 (b) of the
Revised Organic Act of the Virgin Islands shall be pledged for the
payment of such bonds or other obligations.
Sec. 4. // 48 USC 1574d. //
The Secretary is authorized and directed to make grants to the
government of the Virgin Islands for operation of such government in an
amount not to exceed $8,500,000.
Sec. 5. Chapter 44, section 1, of the Act of July 12, 1921 (42 Stat.
123; 48 U.S.C. 1397), is hereby amended by striking the period at the
end thereof and inserting in lieu thereof the following language: ":
Provided further, That, notwithstanding any other provision of law, the
Legislature of the Virgin Islands is authorized to levy a surtax on all
taxpayers in an amount not to exceed 10 per centum of their annual
income tax obligation to the government of the Virgin Islands.".
Sec. 6. // 48 USC 2574a note. //
There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.
Approved August 19, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1080 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 1021 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 3, considered and passed
House. July 26, considered and passed Senate, amended. Aug. 10, House
concurred in Senate amendments.
PUBLIC LAW 94-391, 90 STAT, 1192
94TH CONGRESS, H.R. 10374
AUGUST 19, 1976
AN ACT
To amend section 2301 of title 44, United States Code, to change the
membership of the National Archives Trust Fund Board.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 2301 of
title 44, United States Code, is amended by deleting the first sentence
and substituting in lieu thereof the following sentence:
" The National Archives Trust Fund Board shall consist of the
Archivist of the United States, as Chairman, and the chairman of the
House of Representatives Committee on Government Operations and the
chairman of the Senate Committee on Post Office and Civil Service.".
Approved August 19, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 988 (Comm. on Government Operations).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 3, considered and passed
House. Aug. 9, considered and passed Senate.
PUBLIC LAW 94-390, 90 STAT, 1191
94TH CONGRESS, H.R. 7896
AUGUST 19, 1976
AN ACT
To amend sections 2734a(a) and 2734b(a) of title 10, United States
Code, to
provide for settlement, under international agreements, of certain
claims incident
to the noncombat activities of the armed forces, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That title 10, United
States Code, is amended--
(1) by amending section 2734a(a) to read as follows:
"(a) When the United States is a party to an international agreement
which provides for the settlement or adjudication and cost sharing of
claims against the United States arising out of the acts or omissions of
a member or civilian employee of an armed force of the United States
done in the performance of official duty, or arising out of any other
act, omission, or occurrence for which an armed force of the United
States is legally responsible under the law of another party to the
international agreement, and causing damage in the territory of such
party, the Secretary of Defense or the Secretary of Transportation or
their designees may--
"(1) reimburse the party to the agreement for the agreed
prorata share of amounts, including any authorized arbitration
costs, paid by that party in satisfying awards or judgments on
claims, in accordance with the agreement; or
"(2) pay the party to the agreement the agreed pro rata share
of any claim, including any authorized arbitration costs, for
damage to property owned by it, in accordance with the
agreement."; and
(2) by amending section 2734b (a) to read as follows:
"(a) When the United States is a party to an international agreement
which provides for the settlement or adjudication by the United States
under its laws and regulations, and subject to agreed pro rata
reimbursement, of claims against another party to the agreement arising
out of the acts or omissions of a member or civilian employee of an
armed force of that party done in the performance of official duty, or
arising out of any other act, omission, or occurrence for which that
armed force is legally responsible under applicable United States law,
and causing damage in the United States, or a territory, Commonwealth,
or possession thereof; those claims may be prosecuted against the
United States, or settled by the United States, in accordance with the
agreement, as if the acts or omissions upon which they are based were
the acts or omissions of a member or a civilian employee of an armed
force of the United States.".
Approved August 19, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 543 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 1121 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Nov. 3, considered and passed House.
Vol. 122 (1976): Aug. 9, considered and passed Senate.
PUBLIC LAW 94-389, 90 STAT, 1189
94TH CONGRESS, H.J. RES. 738
AUGUST 14, 1976
JOINT RESOLUTION
Providing for Federal participation in preserving the Tule elk
population in California.
Whereas, although Tule elk once roamed the central valleys of
California
in vast numbers, the species became nearly extinct during the
latter part of the last century as a result of its native habitat
being
developed for agricultural purposes and unban growth; and Whereas,
although around 1870 the Tule elk population reached a low
of approximately thirty animals, through the dedicated efforts of
various citizen groups and individual cattlemen, the population has
slowly recovered to a total of approximately six hundred animals,
the majority of which may be found in free-roaming herds in the
Owens Valley, at Cache Creek in Colusa County, California, a small
number which are captive in the Tupman Refuge in Vern County,
California; and Whereas in 1971 the California Legislature,
recognizing the threat
to the Tule elk as a species, amended section 332 and enacted
section
3951 of the Fish and Game Code which provided for the
encouragement
of a statewide population of Tule elk of not less than two
thousand, if suitable areas can be found in California to
accommodate
such population in a healthy enviroment, and further fixed
the population of the Tule elk in the Owens Valley at four
hundred
and ninety animals, or such greater number as might thereafter be
determined by the California Department of Fish and Game, in
accordance with game management principles, to be the Owens
Valley holding capacity; and Whereas the Tule elk is considered by
the Department of the
Interior
to be a rare, though not endangered, species by reason of the steps
taken by the State of California; and Whereas the protection and
maintenance of California's Tule elk in
a free and wild state is of educational, scientific, and esthetic
value
to the people of the United States; and Whereas there are Federal
lands in the State of California
(including,
but not limited to, the San Luis National Wildlife Refuge,
the Point Reyes National Seashore, various national forests and
national parks, and Bureau of Land Management lands located in
central California, as well as lands under the jurisdiction of the
Secretary of Defense such as Camp Pendleton, Camp Roberts,
and
Camp Hunter Liggett) which, together with adjacent lands in
public
and private ownership, offer a potential for increasing the Tule
elk population in California to the two thousand level envisioned
by the California Legislature: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, // 16 USC 673d. // That it is
the sense of Congress that the restoration and conservation of a Tule
elk population in California of at least two thousand, except that the
number of Tule elk in the Owens River Watershed area shall at no time
exceed four hundred and ninety or such greater number which is
determined by the State of California to be the maximum holding capacity
of such area, is an appropriate national goal.
Sec. 2. // 16 USC 673. //
The Secretary of the Interior, the Secretary of Agriculture, and the
Secretary of Defense shall cooperate with the State of California in
making the lands under their respective jurisdictions reasonably
available for the preservation and grazing of Tule elk in such manner
and to such extent as may be consistent with Federal law.
Sec. 3. // 16 USC 673f. //
The Secretary of the Interior shall submit, on or before the first of
March of each year, a report to the Congress as to the estimated size
and condition of the various Tule elk herds in California and the nature
and condition of their respective habitats. The Secretary shall include
in such report his determination as to whether or not the preservation
of the Tule elk herd at its then-existing level is, or may be,
endangered or threatened by actual or proposed changes in land use or
land management practices on lands owned by any Federal, State, or local
agency, together with his recommendations as to what Federal actions, if
any, should be taken in order to preserve the Tule elk herds at
then-existing level or such other level as may be determined from time
to time by the State of California.
Sec. 4. // 16 USC 673g. //
The Secretary of the Interior, in coordination with all Federal,
State, and other officers having jurisdiction over lands on which Tule
elk herds are located or lands which would provide suitable Tule elk
habitat, shall develop a plan for Tule elk restoration and conservation,
including habitat management, which shall be integrated with the
comparable plans of State and local authorities in California. The
Secretary's annual report to Congress shall describe the development and
implementation of such plan.
Approved August 14, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 895 (Comm. on Merchant Marine and Fisheries).
SENATE REPORT No. 94 - 1120 (Comm. on Commerce).
CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 15, considered and
passed House. Aug. 6, considered and passed Senate.
PUBLIC LAW 94-388, 90 STAT, 1188
94TH CONGRESS, S. 1689
AUGUST 14, 1976
AN ACT
To amend the Pennsylvania Avenue Development Corporation Act of 1972
(Public Law 92 - 578), as amended.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 17 of the
Pennsylvania Avenue Development Corporation Act of 1972 (86 Stat. 1266)
as amended (40 U.S.C. 885), is further amended to read as follows:
" Sec. 17. (a) In addition to the sums heretofore appropriated, there
are authorized to be appropriated for operating and administrative
expenses of the Corporation sums not to exceed $1,300,000 for the fiscal
year ending June 30, 1976; $325,000 for the period July 1 through
September 30, 1976; and $1,500,000 each, for the fiscal years ending
September 30, 1977, and September 30, 1978.
"(b) // 40 USC 874. // To commence implementation of the development
plan authorized by section 5 of this Act, there are authorized to be
appropriated to the Corporation through the fiscal years ending
September 30, 1978, $38,800,000, to remain available without fiscal year
limitation through September 30, 1990: Provided, That appropriations
made under the authority of this paragraph shall include sufficient
funds to assure the development of square 225 as a demonstration area
for the development plan, and shall assure the preservation of the
structure now located on square 225 known as the Willard Hotel and its
historic facade. No appropriations shall be made from the Land and
Water Conservation Fund established by the Act of September 30, 1964 (78
Stat. 897, as amended, 16 U.S.C. 4601), // 16 USC 4601-4 note. // to
effectuate the purposes of this Act.".
Approved August 14, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 894 accompanying H. R. 7743 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 94 - 572 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Dec. 18, considered and passed Senate.
Vol. 122 (1976): July 26, considered and passed House,
amended,
in lieu of H. R. 7743.
Aug. 5, Senate concurred in House amendment.
PUBLIC LAW 94-387, 90 STAT, 1171
94th Congress, H. R. 14234
August 14, 1976
AN ACT
Making appropriations for the Department of Transportation and related
agencies for the fiscal year ending Seeptember 30, 1977, 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, for of any money in the Treasury not otherwise
appropriated, for the Department of Transportation and related agencis
for the fiscal year ending September 30, 1977, and for other purposes,
namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary of
Transportation, including not to exceed $27,000 for allocation within
the Department for official reception and representation expenses at
the, Secretary may determine, $34,900,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation planning,
research, and development activities, including the collection of
national transportation statistics, to remain available until expended,
$28,000,000.
TRANSPORTATION RESEARCH ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY
PROGRAM)
For payment in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for necessary expenses for conducting transportation research activities
overseas, as authorized by law, $100,000 to remain available until
expended: Provided, That this appropriztion shall be available, in
addition to other appropriations to the Department, for payments in the
foregoing currencies.
GRANTS- IN AID FOR NATURAL GAS PIPELINE SAFETY
For grants-in-aid to carry out a pipeline safety program, as
authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968
48 U.S.C. 1674), $2,250,000, to remain available until expended.
COAST GUARD
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the operation and maintenance of the Coast
Guard, not otherwise provided for; purchase of not to exceed sixteen
passenger motor vehicles, for replacement only; and recreation and
welfare; $818,580,000 of which $197,422 shall be applied to Capehart
Housing debt reducing: // 14 USC 92 note. // Provided, That the number
of aircraft on hand at any one time shall not exceed one hundred and
seventy-nine exclusive of planes and parts stored to meet future
attrition: Provided further, That amounts equal to the obligated
balances against the appropriations for " Operating expenses" for the
two preceding years, and the period July 1, 1976, through September 30,
1976, shall be transferred to and merged with this appropriation, and
such merged appropriation shall be available as one fund, except for
accounting purposes of the Coast Guard, for the payment of obligations
properly incurred against such prior year appropriations and against
this appropriation.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of acquisition, construction, rebuilding, and
improvement of aids to navigation, shore facilities, vessels. and
aircraft, including equipment related thereto; $241,000,000, of which
not to exceed $5,000,000 may be transferred to the appropriation "
Pollution Fund" to remain available until September 30, 1979.
ALTERATION OF BRIDGES
For necessary expenses for alteration of obstructive bridges;
$10,900,000 to remain available until expended.
RETIRED PAY
For retired, pay, including the payment of obligations therefor
otherwise chargeable to lapsed appropriations for this purpose, and
payments under the Retired Serviceman's Family Protection and Survivor
Benefit Plans; $147,103,000.
RESERVE TRAINING
(INCLUDING TRANSFER OF funds)
For all necessary expenses for the Coast Guard Reserve, as authorized
by law; maintenance and operation of facilities; and supplies,
equipment, and services; $34,650,000: Provided, That amounts equal to
the obligated balances against the appropriations for " Reserve
training" for the two preceding years and the period July 1, 1976,
through September 30, 1976, shall be transferred to and merged with this
appropriation, and such merged appropriation shall be available as one
fund, except for accounting purposes of the Coast Guard, for the payment
of obligations properly incurred against such prior year appropriations
and against this appropriation.
RESEARCH, DEVELOPMENT, TEST, and EVALUATION
For necessary expenses, not otherwise provided for, for basic and
applied scientific research, development, test, and evaluation;
maintenance, rehabilitation, lease, and operation of facilities and
equipment, as authorized by law; $18,800,000, to remain available until
expended.
STATE BOATING SAFETY ASSISTANCE
For financial assistance for State boating safety programs in
accordance with the provisions of the Federal Boat Safety Act of 1971,
as amended (46 U.S.C. 1451 et seq.), $5,790,000, to remain available
until expended.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including administrative expenses for research
and development and for establishment of air navigation facilities, and
carrying out the provisions of the Airport and Airway Development Act:
// 49 USC 1701 note. // purchase of four passenger motor vehicles for
replacement only and purchase and repair of skis and snowshoes:
$1,666,000,000 of which $250,000,000 shall be derived by transfer from
the Airport and Airway Trust Fund, for the purposes of subsection (e) of
section 14 of the Airport and Airway Development Act of 1970, // 49 USC
1714. // as amended, and subject to the conditions of that subsection:
Provided, That there may be credited to this appropriation, funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
maintenance and operation of air navigation facilities.
FACILITIES, ENGINEERING AND DEVELOPMENT
(INCLUDING TRANSFER OF FINDS
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for and for acquisition and modernization of
facilities and equipment and service testing in accordance with the
provisions of the Federal Aviation Act (49 U.S.C. 1301 - 1542),
including construction of experimental facilities and acquistion of
necessary sites by lease or grant, $15,500,000, to remain available
until expended; and, in addition, not to exceed $1,900,000 from
unobligated balances in the appropriations for " Civil Supersonic
Aircraft Development" and Civil Supersonci Aircraft Development
Termination" may be transferred to this account for necessary expenses
to conduct a study of high altitude pollution: Provided, That there may
be credited to this appropriation, funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for engineering and development.
FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY
TRUST FUND)
For necessary expenses, not otherwise provided for; for acquisition,
establishment, and improvement by contract or purchase, and hire of air
navigation and experimental facilities, including initial acquisition of
necessary sites by lease of grant; engineering and service testing
including construction of test facilities and acquisition of necessary
sites by lease or grant; construction and furnishing of quarters and
related accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where such
accommodations are not available; $200,000,000, to be derived from the
Airway and AIRWAY Trust Fund, to remain aviailable until September 30,
1979: Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment and modernization of air navigation facilities: Provided
further, That no part of the foregoing appropriation shall be available
for the construction of a new wind tunnel, or to purchase any land for
or in connection with the National Aviation Facilities Experimental
Center, or to decommission in excess of five flight service stations.
RESEARCH, ENGINEERING AND DEVELOPMENT (Airport AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided, for research,
engineering and development in accordance with the provisions of the
Federal Aviation Act (49 U.S.C. 1301 - 1542), including contruction of
experimental facilities and acquisition of necessary sites by lease or
grant; $74,350,000 to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That there may be
credited to this appropriation funds received from States, counties,
municipalities, other public authorities, and private sources, for
expenses incurred for research, engineering and development.
GRANTS- IN- AID FOR AIRPORTS (LIQUIDATION of CONTRACT AUTHORIZATION)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for airport development under
authority contained in section 14 of Public LAW 91 - 258, as amended, //
49 USC 1714. // to be derived from the Airport and Airway Trust Fund
and to remain available until expended, $355,000,000; and for airport
planning grants $15,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That the
sum appropriated for airport planning grants shall be available for
obligation upon the date of enactment of this Act.
OPERATION AND MAINTENANCE, METROPOLITAN WASHINGTON AIRPORTS
For expenses incident to the care, operation, maintenance,
improvement, and protection of the federally owned civil airports in the
vicinity of the District of Columbia, including purchase of ten
passenger motor vehicles for police type use, for replacement only; and
purchase of two motor bikes for replacement only; purchase, cleaning,
and repair of uniforms; and arms and ammunition; $20,700,000.
CONSTRUCTION, METROPOLITAN WASHINGTON AIRPORTS
For necessary expenses for construction at the federally owned civil
airports in the vicinity of the District of Columbia, $5,000,0008 to
remain available until September 30, 1979.
AVIATION WAR RISK INSURANCE REVOLVING FUND
The Secretary of Transportation is hereby aughorized to make such
expenditures, within the limits of funds available pursuant to section
1306 of the Act of August 23, 1958 (49 U.S.C. 1536), and in accordance
with section 104 of the Government Corporation Control Act, as amended
(31 U.S.C. 849), as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for aviation war risk
insurance activities under said Act.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON GENERAL OPERATING EXPENSES
Necessary expenses for administration, operation, and research of the
Federal Highway Administration not to exceed $150,400,000 shall be paid,
in accordance with law, from appropriations made available by this Act
to the Federal Highway Administration together with advances and
reimbursements received by the Federal Highway Administration:
Provided, That not to exceed $32,170,000 of the amount provided herein
shall remain available until expended.
MOTOR CARRIER SAFETY
For necessary expenses to carry out motor carrier safety functions of
the Secretary, as authorized by the Department of Transportation Act (80
Stat. 939 - 40), $6,949,000: Provided, That not to exceed $400,000 of
the amount appropriated herein shall remain available until expended and
not to exceed $799,000, shall be available for " Limitation on general
operating expenses."
HIGHWAY SAFETY RESEARCH AND DEVELOPMENT
For necessary expenses in carrying out provisions of title 23, United
States Code, to be derived from the Highway Trust Fund $9,000,000, to
remain available until expended.
HIGHWAY BEAUTIFICATION
For necessary expenses to carry out the provisions of title 23,
United States Code, sections 131 and 136, and the Federal-Aid Highway
Act of 1976, section 105(a) (11), $28,000,000 to remain available until
expended: Provided, That not to exceed $1,085,000 of the amount
appropriated herein shall be available for " Limitation on general
operating expenses".
HIGHWAY BEAUTIFICATION (LIQUIDATION OF CONTRACT
AUTHORIZATION)
For payment of obligations, authorized for 1976 and prior years,
incurred in carrying out the provisions of title 23, United States Code,
sections 131, 136, and 319(b), to remain available until expended,
$33,600,000.
HIGHWAY- RELATED SAFETY GRANTS (LIQUIDATION of CONTRACT AUTHORIZATION)
For payment of obligations incurred in carrying out the provisions of
title 23, United States Code, section 402, administered by the Federal
Highway Administration, to remain available until expended, $26,820,000
of which $20,320,000 shall be derived from the Highway Trust Fund:
Provided, That not to exceed $556,000 of the amount appropriated herein
shall be available for " Limitation on general operating expenses".
RAILROAD- HIGHWAY CROSSINGS DEMONSTRATION PROJECTS
For necessary expenses of railroad-highway crossings demonstration
projects, as authorized by section 163 of the Federal-Aid Highway Act of
1973, // 23 USC 130 note. // as amended, and Title III of the National
Mass Transportation Assistance Act of 1974, // 49 USC 1605 note. // to
remain available until expended, $10,000,000 of which $6,666,667 shall
be derived from the Highway Trust Fund: Provided, That section 163 of
Public Law 93 - 87 // 23 USC 130 note. // is hereby amended to include
projects as Terre Haute, Indiana.
TERRITORIAL HIGHWAY (LIQUIDATION OF CONTRACT AUTHORIZATION)
For payment of obligations incurred in carrying out the provisions of
title 23, United States Code, section, 215, 402, and 405, $3,560,000.
to remain available until expended: Provided, That not to exceed
$228,000 of the amount appropriated herein shall be available for "
Limitation on general operating expenses".
ALASKA HIGHWAY
For necessary expenses to carry out the provisions of section 218 of
title 23, United States Code, $15,000,000, to remain available until
expended.
OFF- SYSTEM ROADS (LIQUIDATION OF CONTRACT AUTHORIZATION)
For payment of obligations incurred in carrying out the provisions of
title 23, Unided States Code, section 219, $70,000,000, to remain
available until expended: Provided, That not to exceed $2,610,000 of
the amount appropriated herein shall be available for " Limitation on
general operating expenses".
NATIONAL SCENIC AND RECREATIONAL HIGHWAY
(LIQUIDATION OF CONTRACT AUTHORIZATION)
For payment of obligations incurred in carrying out the provisions of
title 23, Unided States Code, section 148, to remain available until
expended, $22,500,000, of which $14,300,000 shall be derived from the
Highway Trust Fund.
ACCESS HIGHWAYS TO PUBLIC RECREATION AREAS ON CERTAIN LAKES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses not otherwise provided, to carry out the
provisions of title 23, United States Code, section 155, $4,767,000, to
be derived from the appropriation for " Darien Gap Highway" and to
remain available until September 30, 1979.
FEDERAL- AID HIGHWAYS (LIQUIDATION OF CONTRACT AUTHORIZATION (TRUST
FUND)
For carrying out the provisions of thtle 23, United States Code,
which are attributable to Federal-aid highways, not otherwise provided,
including reimbursement for sums expended pursuant to the provisions of
section 308, title 23, United States Code, $6,143,100,000 or so much
thereof as may be available in and derived from the " Highway trust
fund", to remain available until expended.
HIGHWAY SAFETY CONSTRUCTION PROGRANS (LIQUIDATION OF CONTRACT
AUTHORIZATION) (TRUST FUND)
For payment of obligations incurred in carrying out the provisions of
title 23, United States Code, sections 130, 144, 151, 152, 153, and 405,
$385,000,000, to be derived from the Highway Trust Fund, to remain
available until expended.
RIGHTS- IF- WAY REVOLVING FUND (LIQUIDATION OF CONTRACT AUTHORIZATION )
(TRUST FUND)
For payment of obligations incurred in carrying out the provisions of
title 23, United States, Code, section 108(c), as authorized by section
7(c) of the Federal-Aid highway Act of 68, to remain available until
expended, $35,000,000, to be derived from the " Highway Trust Fund" at
such times and in such amounts as may be necessary to meet current
withdrawals.
HIGHWAYS CROSSINGS FEDERAL PROJECTS
For necessary expenses in carrying out the provisions of title 23,
United States Code, section 156, $35,000,000, to remain available until
September 30, 1979.
BALTIMORE- WASGINGTON PARKWAY
For necessary expenses, not otherwise provided, to carry out the
provisions of the Federal-Aid Highway Act of 1970, // 23 USC 101 note.
// for the Baltimore-Washington Parkway, to remain available until
expended, $1,500,000 to be deprived from the " Highway Trust Fund" and
to be withdrawn therefrom at such times and in such amounts as may be
necessary.
OVERSEAS HIGHWAY
For necessary expenses for construction of the Overseas Highway in
accordance with the provisions of section 118, " Federal-Aid Highway
Amendments of 1974", // 88 Stat. 2288. // to remain available until
expended, $12,500,000, to be derived from the " Highway Trust Fund".
PROJECT ACCELERATION DEMONSTRATION PROGRAM
For necessary expenses to enable the Secretary to conduct
demonstration projects authorized by section 141 of the Federal-Aid
Highway Act of 1976, $10,000,000, to be derived from the Highway Trust
Fund and to remain available until expended.
ALASKA ROADS STUDY
For necessary expenses not otherwise provided to carry out the
provisions of section 151, " Federal-Aid Highway Act of 1976," // 23 USC
218 note. // $200,000 to remain available until expended.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
TRAFFIC AND HIGHWAY SAFETY
For expenses necessary to discharge the functions of the Secretary
with respect to traffic and highway safety and functions under the Motor
Vehicle Information and Cost Aavings Act (Public Law 92 - 513), // 15
USC 1901 note. // $72,326,000, of which $26,746,000 shall be derived
from the Highway Trust Fund: Provided, That not to exceed $29,876,000
shall remain available until expended, of which $8,616,000 shall be
derived from the Highway Trust Fund for contractual requirements of
Research and Analysis activities.
STATE AND COMMUNITY HIGHWAY SAFETY (LIQUIDATION OF CONTRACT
AUTHORIZATION)
For payment of obligations incurred in carrying out the provisions of
title 23, United States Code, sections 402 and 406, to remain available
until expended, $88,500,000, of which $83,360,000 shall be derived from
the Highway Trust Fund.
FEDERAL RAILROAD ADMINISTRATION
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Federal Railriad Administration, not
otherwise provided for, $6,300,000.
RAILROAD SAFETY
For necessary expenses in connection with railroad safety, not
otherwise provided for, $18,300,000, of which $5,000,000 shall remain
available until expended.
GRANTS- IN- AID FOR RAILROAD SAFETY
For grants-in-aid to carry out a railroad dafety program $1,000,000
to remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$52,900,000, to remain available until expended: Provided, That there
may be credited to this appropriation, funds received from State and
local governments, other public authorities, private sources and foreign
countries for expenses incurred for engineering, testing and
development.
RAIL SERVICE ASSISTANCE
For necessary expenses for rail service assistance, authorized by
section 803, of Public Law 94 - 210, section 402 of Public Law 93 - 236,
as amended, and for necessary administrative expenses in connection with
Federal rail assistance programs not otherwise provided for,
$75,000,000, together with $5,000,000 for the programs authorized by
section 11(c) (6) and (7) of the Department of Transportation Act, as
amended, and $3,000,000 for the Minority Resource Center, as authorized
by section 906 of Public Law 94 - 210, // 49 USC 1657a. // to remain
available until expended.
NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
For necessary expenses related to Northeast Corridor improvements,
$150,000,000, to remain available until expended.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
To enable the Secretary of Transportation to make grnats to the
National Railroad Passenger Corporation, $575,700,000 to remain
available until expended, of which not more than $482,600,000 shall be
available for operating losses incurred by the Corporation, including
$62,600,000 which shall be available for the payment of additional
operating expenses of the National Railroad Passenger Corporation,
resulting from the operation, maintenance, and ownership or control of
the Northesst Corridor pursuant to title VII of the Railroad
Revitalization and Regulatory Reform Act of 1976, and not more than
$93,100,000 shall be available for capital improvements: Provided,
however, That none of the funds herein appropriated shall be used for
the lease or purchase of passenger motor vehicles or for the hire of
vehicle operators for any officer or employee, other than the President,
of the National Railroad Passenger Corporation, excluding the lease of
passenger motor vehicles for those officers or employees while in
official travel status.
THE ALASKA RAILROAD
ALASKA RAILROAD REVOLVING FUND
The Alaska Railroad Revolving Fund shall continue available until
expended for the work authorized by law, including operation and
maintenance of oceangoing or coastwise vessels by ownership, charter, or
arrangement with other branches of the Government service, for the
purpose of providing additional facilities for transportation of
freight, passengers, or mail, when deemed necessary for the benefit and
development of industries or travel in the area served; and payment of
compensation and expenses as authorized by 5 U.S.C. 8146, to be
reimbursed as therein provided: Provided, That no employee shall be
paid an annual salary out of said fund in excess of the salaries
prescribed by the Classification Act of 1949, // 5 USC 5332 note. // as
amended, for grade GS-15, except the general manger of said railroad,
one assistant general manager at not to exceed the salaries prescribed
by said Act GS-17, and five officers at not to exceed the salaries
prescribed by said Act for grade GS-16.
PAYMENT TO THE ALASKA RAILROAD REVOLVING FUND
For payment to the Alaska Railroad Revolving Fund for capital
replacements, improvements, and maintenance, $6,000,000, to remain
available until expended.
RAIDROAD REHABILITATION AND IMPROVEMENT
FINANCING FUNDS
The Secretary of Transportation is herby authorized to expand
proceeds from the sale of Fund anticipation notes to the Secretary of
the Treasury and any other monies deposited in the Railroad
Rehabilitation and Improvement Fund pursuant to sections 502, 505 - 507
and 509 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94 - 210) for the uses authorized for the Funds, in amounts
not to exceed $70,000,000, to remain available until September 30, 1978.
The Secretary of Transportation is also authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94 - 210) in such amounts and at such time as may be
necessary to pay any amounts required pursuant to the guarantee not to
exceed $400,000,000 principal amount of obligations under sections 511
through 513 of such act, such authority to exist as long as any such
guaranteed obligation is outstanding: Provided, That the aggregate
principal amount of guarantees and commitments to guarantee obligations
under section 511 of Public Law 94 - 210 shall not exceed $400,000,000.
URBAN MASS TRANSPORTATION ADMINISTRATION
URBAN MASS TRANSPORTATION FUND
ADMINISTRATIBE EXPENSES
For necessary administrative expenses of the urban mass
transportation program authorized by the Urban Mass Transportation Act
of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91 - 543 and
Public Law 93 - 503; // 49 USC 1601b note. // the Federal-Aid Highway
Act of 1976 (Public Law 93 - 87) // 23 USC 101 note. // and the
Federal-Aid Highway Act of 1976 (Public Law 94 - 280) // 23 USC 101
note. // in connection with the activities, including uniforms and
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902); hire
of passenger motor vehicle; and services as authorized by 5 U.S.C.
3109; $12,600,000.
RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS AND UNIVERSITY RESEARCH AND
TRAINING
For an additional amount for the urban mass transportation program,
as authorized by the Urban Mass TRANSPORTATION Act of 1964, as amended
(49 U.S.C. 1601 et seq.), to remain available until expended;
$61,200,000: Provided, That $58,700,000 shall be available for
research, development, and demonstration, $2,000,000 shall be available
for university research and training, not to exceed $500,000 shall be
available for managerial training as authorized under the authority of
the said Act.
LIQUIDATION OF CONTRACT AUTHORIZATION
For payment to the urban mass transportation fund, for liquidation of
contractual obligations incurred under authority of the Urban Mass
Transportation Act of 1964 (49 U.S.C 1601 et seq., as amended by Public
Law 91 -453 and Public Law 93 - 503) // 49 USC 1601b note. // and
section 142(c) of title 23, U.S.C., and of obligations incurred for
projects substituted for Interstate System segments withdrawn prior to
enactment of the Federal-Aid Highway Act of 1976; $1,700,000,000, to
remain available until expended: Provided, That none of these funds
shall be made available for the establishment of depreciation reserves
or reserves for replacement accounts: Provided further, That amounts
for highway projects substituted fro Interstate System segments shall be
transferred to the Federal Highway Administration.
RAIL SERVICE OPERATING PAYMENTS
For additional payment to the Urban Mass TRANSPORTATION Fund there is
hereby appropriated to remain available until expended, for the purposes
of the Urban Mass Rransportation Act of 1964, // 49 USC 1601 note. //
as amended by Public Law 94 - 210, $55,000,000.
PROJECTS SUBSTITUTED FOR INTERSTATE SYSTEM PROJECTS
For necessary expenses to carry out the provisions of title 23, U.S.
C., 103(e) (4), to remain available until expended, $400,000,000 for the
Washington Metropolitan Area Rransit Authority: Provided, That amounts
for highway projects substituted for Interstate System segments shall be
transferred to the Federal Highway Administration.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to such Corporation, and in accord with
law, and to make such contracts and Commitments without regard to fiscal
year limitations as provided by section 104 of the Government
Corporation Control Act, // 31 USC 849. // as amended, as may be
necessary in carrying out the programs set forth in the budget for the
current fiscal year for such Corporation except as hereinafter provided.
LIMITATION ON ADMINISTRATIVE EXPENSES, SAINT LAWRENCE SEAWAY
DEVELOPMENT CORPORATION
Not to exceed $982,000 shall be available for administrative expenses
which shall be computed on an accrual basis, including not to exceed
$3,000 for official entertainment expenses to be expended upon the
approval or authority of the Secretary of Transportation: Provided,
That Corporation funds shall be available for the hire of passenger
motor vehicles and aircraft. operation and maintenance of aircraft,
uniforms or allowances therefor for operation and maintenance personnel,
as authorized by law (5 U.S.C. 5901 - 5902), and $15,000 for services as
authorized by 5 U.S.C. 3109.
TITLE II
RELATED AGENCIES
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; 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 a GS-18;
uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901 -
5902), $13,800,000, of which not to exceed $300 shall be used for
official reception and representation expenses.
CIVIL AREONAUTICS BOARD
SALARIES AND EXPENSES
For necessary expenses of the Civil Aeronautics Board, including hire
or aircraft; hire of passenger motor vehicles; services as authorized
by U.S.C. 3109; uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901 - 5902); and not to exceed $1,000 for official reception
and representation expenses, $21,450,000.
PAYMENTS TO AIR CARRIERS
For payments to air carriers of so much of the compensation fixed and
determined by the Civil Aeronautics Board under section 406 of the
Federal Aviation Act of 1958 (49 U.S.C. 1376), as is payable by the
Board, $80,007,000, to remain available until expended.
INTERSTATE COMMERCE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Interstate Commerce Commission,
including service as authorized by 5 U.S.C. 3109, $57,036,000, of which
$150,000 shall be available for valuation of pipelines, $1,250,000 shall
be available for necessary expenses of the Rail Services Planning
Office, $1,999,400 shall be available for necessary expenses of the
Office of Rail Public Counsel: // 49 USC 305a. // Provided, That Joint
Board members and cooperating state commissioners may use Government
transportation requests when traveling in connection with their official
duties as such.
THE PQANAMA CANAL
CANAL ZONE GOVERNMENT
OPERATING EXPENSES
For operating expenses necessary for the Canal Zone Government,
including operation of the Postal Service of the Canal Zone; hire of
passenger motor vehicles; uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901 - 5902); expenses incident to
conducting hearings on the Isthmus; expenses of special training of
employees of the Canal Zone Government as authorized by 5 U.S.C. 4101 -
4118, contingencies of the Governor, residence for the Governor;
medical aid and support of the insane and of lepers and aid and support
of indigent persons legally within the Canal Zone, including expenses of
their deportation when practicable; and maintaining and altering
facilities of other Government agencies in the Canal Zone for Canal Zone
Government use, $65,000,000.
CAPITAL OUTLAY
For acquisition of land and land under water and acquisition,
construction, and replacement of improvements, facilities, structures,
and equipment, as authorized by law (2 C.Z. Code, sec. 2; C.Z. Code,
sec. 371), including the purchase of not to exceed eighteem passenger
motor vehicles for replacement only; improving facilities of other
Government agencies in the Canal Zone for Canal Zone Government use;
and expenses incident to the retirement of such assist; $3,150,000, to
remain available until expended.
PANAMA CANAL COMPANY
CORPORATION
The Panama Canal Company is hereby authorized to make such
expenditures within the limits of funds and borrowing authority
available ti it and in accordance 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 (31
U.S.C. 849), as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation,
including maintaning and improving facilities of other Government
agencies in the Canal Zone for Panama Canal Company use.
LIMITATION ON GENERAL AND ADMINISTRATIVE EXPENSES
Not to exceed $25,285,000 of the funds available to the Panama Canal
Company shall be available for obligation during the current fiscal year
for general and administrative expenses of the Company, including
operation of tourist vessels and guide services. Funds available to the
Panama Canal Company for oblibation shall be available for the purpose
of not to exceed twenty-four passenger motor vehicles, for replacement
only, and for uniforms or allowances therefor as authorized by law (5
U.S.C. 5901 - 5902).
DEPARTMENT OF THE TREASURY
OFFICE OF THE SECRETARY
INVESTMENT IN FUND ANTICIPATION NOTES
For the acquisition, in accordance with section 509 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94 - 210)
8of fund anticipation notes, $70,000,000, to remain available until
September 30, 1978.
UNITED STATES RAILWAY ASSOCIATION
ADMINISTRATIVE EXPENSES
For necessary administrative expenses to enable the United States
Railway Association to carry out its functions under the Regional Rail
Reorganization Act of 1973, // 45 USC 1701 note. // as amended,
$12,000,000.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
FEDERAL CONTRIBUTION
To enable the Department of Transportation to pay the Washington
Metropolitan Area Transit Authority, as part of the Federal contribution
toward expenses necessary to design, engineer, construct, and equip a
rail transit system, as authorized by the National Capital
Transportation Act of 1969 (Public Law 91 - 143), // D.C. Code 1 - 1441
note. // as amemded, including acquistion of rights-of-way, land, and
interest therein, to remain available until expended, $15,421,779 and
for the fiscal year 1978, and for the fiscal year 1977, $6,800,000 for
the design and construction of facilities for the handicapped as
authorized by Public Law 93 - 87. // 23 USC 101 note. //
INTEREST Subsidy
To enable the Department of Transporatation to pay the Washington
Metropolitan Area Transit Authority the interest subsidy authorized by
Public Law 92 - 349, // 86 Stat. 464. // $19,374,000, to remain
available until expended.
NATIONAL TRANSPORTATION POLICY STUDY CONNISSION
For necessary expenses to enable the National Transporation Policy
Study Commission to carry out its functions under the Federal-Aid
Highway Act of 1976, Public Law 94 - 280, the sum of $1,000,000 to
remain available until expended.
TITLE III
GENERAL PROVISIONS
Sec. 301. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official departmental business; and uniforms,
or allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902).
Sec. 302. None of the funds provided in this Act shall be available
for the planning or execution of prograns the commitments for which are
in excess of $510,000,000 for Grants-in-aid for airports in fiscal year
1977.
Sec. 303. None of the funds provided under this Act shall be
available for the planning or execution of programs the obligations for
which are in excess of $21,000,000 for " Highway-related safety grants"
in fiscal year 1977.
Sec. 304. None of the funds provided under this Act shall be
available for the planning or execution of prograns the obligations for
which are in excess of $129,000,000 in fiscal year 1977 for " State and
Community Highway Safety".
Sec. 305. None of the funds provided under this Act shall be
available for the planning or execution of programs the obligations for
which are in excess of $5.600,000 in fiscal year 1977 for " Territorial
Highways".
Sec. 306. None of the funds provided in this Act shall be available
for administrative expenses in connection with connitments for the Urban
Mass Transportation Act of 1964, // 49 USC 1601 note. // as amended,
aggregating more than $2,077,000,000 in fiscal year 1977, except that
amounts apportioned pursuant to section 5 of that Act // 49 USC 1604.
// and not committed in the year of apportionment may be committed
notwithstanding this limitation.
Sec. 307. None of the funds provided under this Act shall be
available for administrative expenses in connection with obligations
against contract authority for interstate substitutions under 23 U.S.C.
103(e) (4) aggregating more than $175,000,000 in fiscal year 1977,
Sec. 308. None of the funds provided under this Act shall be
available for the planning or execution of programs for any furthe
construction of the Miami jetport or of any other air facility in the
State of Florida lying south of the Okeechobee Waterway and in the
drainage basins contributing water to the Everglades National Park until
it has been shown by an appropriate study made jointly by the Department
of the Interior and the Department of Transportation that such an
airport will not have an adverse environmental effects on the ecology of
the Everglades and until any site selected on the basis of such study is
approved by the Department of the Interior and the Department of
Transportation: Provided, That nothing in this section shall affect the
availability of such funds to carary out this study.
Sec. 309. The Govenor of the Canal Zone is authorized to employ
services as authorizeed by 5 U.S.C. 3109, in an amount not exceeding
$150,000.
Sec. 310. Funds appropriated for operating expenses of the Canal
Zone Government may be apportioned notwithstanding section 3679 of the
Rivised Statutes, as amended (31 U.S.C. 665), to the extent necessary to
permit payment of such pay increases for officers or employees as may be
authorized by administratibe action pursuant to law which are not in
excess of statutory increases granted for the same period in
corresponding rates of compensation for other employees of the
Government in comparable positions.
Sec. 311. No funds appropriated or made available by this Act shall
be used to implement the provision of section 155 of title 2 of the
Canal Zone Code relating to the establishment of employment standards,
pay levels and other conditions of employment within the Canal Zone.
Sec. 312. Funds appropriated under this Act for expenditure by the
Federal Aviation Administration shall be available (1) except as
otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236 -
244), // 20 USC 241 note. // for expenses of primary and secondary
schooling for dependents of Federal Aviation Administration personnel
stationed outside the continental United States at costsfor any given
area not in excess of those of the Department of Defense for the same
area, when it is determined by the Secretary that the schools, if any,
available in the locality are unable to provide adequately for the
education of such dependents and (2) for transportation of said
dependents between schools serving the area which they attend and their
places of residence when the Secretary, under such regulations as he may
prescribe determines that such schools are not accessible by public
means of transportation on a regular basis.
Sec. 313. Appropriations contained in this Act for the Department of
Transportation shall be available for services as authorized by (5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for a GS-18. // 5 USC 5332 note. //
Sec. 314. None of the funds in this Act shall be available for the
implementation or execution of a program in the Department of
Transportation to collect fees, charges or prices for approvals, tests,
authorizations, certificates, permits, registrations, and ratings which
are in excess of the levels in effect on January 1, 1973, or which did
not exist as of January 1, 1973, until such program is reviewed and
approved by the appropriate committees of the Congress.
Sec. 315. None of the funds provided in this Act of liquidation of
contractual oblications under the Urban Mass Transportation Act of 1964,
// 49 USC 1601 note. // as amended, shall be made abailable for
liquidation of obligations entered into under Section 5 of that Act, //
49 USC 1604. // to support mass transit facilities, equipment or
operating expenses unless the applicant for such assistance has given
satisfactory assurances in such manner and form as the Secretary may
require, and in accordance with such terms and conditions as the
Secretaty may prescribe, that the rates charged elderly and handicapped
persons during nonpeak hours shall not exceed one-half of the rates
generally applicable to other persons at peak hours: Provided, That the
Secretary, in prescribing the terms and conditions for the provision of
such assistance shall (1) permit applicants to continue the use of
preferential fare systems for elderly or handicapped persons where those
systems were in effect on or prior to November 26, 1974, (2) allow
applicants a reasonable time to expend the coverage of operating
preferential fare systems as appropriate, and (3) allow applicants to
define the eligibility of "handicapped persons" for the purposes of
preferential fares in conformity with other Federal laws and regulations
governing eligibility for benefits for disabled persons.
Sec. 316. No part of any appropriation contsained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 317. None of the funds provided under or included in this Act
shall be available for the planning or execution of programs, the
obligations for which are in excess of $7,200,000,000 for " Federal-Aid
Highways" and for " Highway Safety Construction Programs" in fiscal year
1977: Provided, That this limitation shall not apply to obligations for
emergency relief under section 125 of title 23 U.S.C., special urban
high density traffic program under section 146 of title 23 U.S.C., and
special bridge replacement progran under section 144 of title 23 U.S.C.:
Provided further, That this limitation shall not become effective if
subsequent legislation containing an obligation limitation on the
Federal-Aid Highways and Highway Safety Construction Prograns for fiscal
year 1977 is enacted into law by September 30, 1976.
Sec. 318. Such funds as may be necessary shall be utilized for the
appropriations hereinabove made available to the Federal Aviation
Administration and to the Covil Aeronautics Board for the preparetion of
a plan to coordinate as promptly as possible the use of Midway Airport
with O' Hare Airport in Chicage, Illinois, for service by airline
carriers, in order to relelieve air traffic congestion and to promote
air safety in that area.
Sec. 319. Section 302 of the Department of Transportation and
Related Agencies Appropriation Act, 1975, and the period ending
September 30, 1976 (Public Law 94 - 134) // 89 Stat. 695. // is amended
by striking out "$350,000,000" and all that follows down throgy the
period at the end thereof and inserting in lieu thereof the following:
"$437,500,000 in fiscal year 1976, including the period July 1, 1976,
through September 30, 1976.".
This Act be cited as the " Department of Transportation and Related
Agencies Appropriation Act, 1977."
Approved August 14, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1221 (Comm. on Appropriations) and No. 94 -
1361 (Comm. of Conference).
SENATE REPORT No. 94 - 1017 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 122 (1976): June 28, considered and
passed House. July 1, considered and passed Senate, amended. Aug. 3,
House agreed to conference report; receded and concurred in certain
amendments with amendments. Aug. 4, Senate agreed to conference report;
concurred in House amendments.
PUBLIC LAW 94-386, 90 STAT, 1170
94th Congress H.R. 13121
August 14, 1976
AN ACT
To direct the Law Revision Counsel to prepare and publish the District
of Columbia Code through publication of supplement V to the 1973
edition, with the Council of the District of Columbia to be responsible
for preparation and publication of such Ocde thereafter.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That paragraph (6) of
section 205(c) of H. Res. 988, Ninety-third Congress (2 U.S.C. 285b(
6)), as made permanent law by the first paragraph under the heading
"administrative Provisions" in chapter III of title I of the Act of
December 27, 1974 (Public Law 93 - 554; 88 Stat. 1777), is amended by
striking out "until such time as the District of Columbia
Self-Government and Governmental Reorganization Act becomes effective"
and inserting in lieu thereof "through publication of the fifth annual
cumulative supplement to the 1973 edition of such Code".
Sec. 2. // 2 USC 285b note; D.C. Code 49 - 112. // (a) After
publication by the Law Revision Counsel of the fifth annual cumulative
supplement to the 1973 edition of the District of Columbia Code, new
editions of the District of Columbia Code (and annual cumulative
supplements thereto) shall be prepared and published under the direction
of the Council of the District of Columbia and shall set forth the
general and permanent laws relating to or in force in the District of
Columbia, whether enacted by the Congress or by the Council of the
District of Columbia, except such laws as arel of application in the
District of Columbia by reason of being laws of the United States
general and permanent in nature.
(b) After completion of the printing of the fifth annual cumulative
supplement to the 1973 edition of the District of Columbia Code, the
Public Printer shall, as the Council of the District of Columbia may
request, either--,
(1) furnish to the Council of the District of Columbia, on such
terms as the Public Printer (in consultation with the Joint
Committee on Printing) deems appropriate, the type used in
preparing the 1973 edition of the District of Columbia Code and
the fifth annual cumulative supplement to such edition; or
(2) make such arrangements with the Council of the District of
Columbia as the Public Printer (in consultation with the Joint
Committee on Printing) deems appropriate for the printing by the
Government Printing Office of future editions of the District of
Columbia Code, and annual cumulative supplements thereto, prepared
under the direction of the Council of the District of Columbia.
Approved August 14, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1096 (Comm. on the District of Columbia).
SENATE REPORT No. 94 - 1059 (Comm. on the District of Columbia).
CONGRESSIONAL RECORD, Vol. 122 (1976): May 24 considered and passed
House. Aug. 5, considered and passed Senate.
PUBLIC LAW 94-385, 90 STAT, 1125, ENERGY CONSERVATION AND PRODUCTION
ACT
94th Congress, H.R. 12169
August 14, 1976
AN ACT
To amend the Federal Energy Administration Act of 1974 to extend the
duration of authorities under such Act; to
provide an incentive
for domestic production;
to procide for electric utility rate design
initiatives;
to provide for energy conservation
standards for new buildings; to provide for energy
conservation assistance
for existing buildings and industrial plants; 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 " Energy Conservation and Production Act".
CONTENTS TITLE I - FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS AND
RELATED MATTERS
PART A--Federal Energy Administration Act Amendments
Sec. 101. Short title.
Sec. 102. Limitation on discretion of Administrator with
respect to energy actions.
Sec. 103 Environmental Protection Agency comment period and
notice of waiver.
Sec. 104. Guides for hardship and inequity and hearing at
appeals.
Sec. 105. Requirements for hearing in the geographic area
by rules and regulations of the Administrator.
Sec. 106. Limitation on the Administrator's authority with
respect to enforcement of rules and regulations.
Sec. 107. Maintaining accounts or records for compliance
purposes; and alleviation of small business reporting burdens.
Sec. 108. Penalties for failure to file information.
Sec. 109. Reports.
Sec. 110. Authorizations of appropriations
Sec. 111. Collection of information concerning exports of coal
or petroleum products.
Sec. 112. Federal Energy Administration Act extension.
Sec. 113. Project Independence evaluation system documentation
and access.
PART B--PRODUCTION ENHANCEMENT AND OTHER RELATED MATTERS
Sec. 121. Exemption of stripper well production.
Sec 122. Enhancement of domestic production.
Sec. 123. Construction of refineries by smsall and independent
refiners.
Sec. 124. Effective date of EPAA amendments.
PART C--OFFICE OR ENERGY INFORMATION AND ANALYSIS
Sec. 141. Findings and purpose.
Sec. 142. Office of Energy Information and Analysis.
" PART B--OFFICE OF ENERGY INFORMATION AND ANALYSIS
" Sec. 51. Establishment of Office of Energy Information and
Analysis.
" Sec. 52. National Energy Information System.
" Sec. 53. Administrative provisions.
" Sec. 54. Analytical capability.
" Sec. 55. Professional audit review of performance of Office.
" Sec. 56. Coordination of energy information activities.
" Sec. 57. Reports.
" Sec. 58. Energy information in possession of other Federal
agencies.
" Sec. 59. Congressional access to information in possession of
the Office.
Sec. 143. Effective date.
PART D--AMENDMENTS TO OTHER ENERGY- RELATED LAW
Sec. 161. Appliance program.
Sec. 162. Energy Resources Council reports.
Sec. 163. Extension of Energy Resources Council.
Sec. 164. Development of undergroung coal mines.
TITLE II- ELECTRIC UTILITIES RATE DESIGN INTIATIVES
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Electric utility rate design proposals.
Sec. 204. Rate design innovation and Federal Energy
administration intervention.
Sec. 205. Grants for offices of consumer services.
Sec. 206. Reports.
Sec. 207. Authorizations of appropriations.
TITLE III - ENERGY CONSERVATION STANDARDS FOR NEW BUIKDINGS
Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. Definitions.
Sec. 304. Promulgation of energy conservation performance
standards for new buildings.
Sec. 305. Application of energy conservation standards for new
buildings.
Sec. 306. Federal buildings.
Sec. 307. Grants.
Sec. 308. Technical assistance.
Sec. 309. Consultation with interested and affected groups.
Sec. 310. Support activities.
Sec. 311. Monitoring of State and local adoption of energy
conservation for buildings.
TITLE IV - ENERGY CONSERVATION AND RENEWABLE - RESOURCE ASSISTANCE FOR
EXISTING BUILDINGS
Sec. 401. Short title.
Sec. 402. Findings and purpose.
PART A--WEATHERIZATION ASSISTANCE FOR LOW- INCOME PERSONS
Sec. 411. Findings and purpose
Sec. 412. Definitions.
Sec. 413. Weatherization program.
Sec. 414. Financial assistance.
Sec. 415. Limitations.
Sec. 416. Monitoring, technical assistance, and evaluation.
Sec. 417. Administrative provisions.
Sec. 418. Approval of applications and administration of State
programs.
Sec. 419. Judicial reveiw.
Sec. 420. Nondiscrimination.
Sec. 421. Annual report.
Sec. 422. Authorization of appropriation.
PART B--STATE ENERGY CONSERVATION PLANS
Sec. 431. Definitions.
Sec. 432. Supplemental State energy conservation plans.
PART C--NATIONAL ENERGY CONSERVATION AND RENEWABLE- RESOURCE
DEMONSTRATION PROGRAM FOR EXISTING DWELLING UNITS
Sec. 441. Energy conservation and renewable - resource
demonstration.
PART D--ENEFRGY CONSERVATION AND RENEWABLE- RESOURCE OBLIGATION
GUARANTEES
Sec. 451. Program.
PART E--MISCELLANEOUS PROVISIONS
Sec. 461. Exchange of information.
Sec. 462. Report by the Comptroller General.
TITLE I-FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS AND RELATED
MATTERS
PART A-FEDERAL ENERGY ADMINISTRATION ACT AMENDMENTS
SHORT TITLE
Sec. 101. This title may be cited as the Federal Energy
Administration Act Amendments of 1976". // 15 USC 761 note. //
LIMITATION ON DISCRETION OF ADMINISTRATOR WITH RESPECT TO ENERGY
ACTIONS
Sec. 102. Section 5 of the Federal Energy Administration Act of 1974
// 15 USC 764. // is amended ny adding at the end thereof the
following:
(c) (1) The Administrator shall not exercise the discretion
delegated to him by the President pursuant to section 5(b) of the
Energency Petroleum Allocation Act of 1973,
// 15 USC 754. //
to sumit to the Congress as one energy action any amendment to the
regulation under section 4(a) of such Act, pursuant to section 12
of such Act,
// 15 USC 753. 760a. //
which amendments exempts any oil, refined petroleum product, or
refined product category form bothe the allocation and pricing
provisions of the regutation under section 4 of such Act
"(2) Nothing in this subsection shall prevent the Administrator
from concurrently submitting an energy action relating to price
together with an energy action relating to allocation of the same
oil, refined petroleum product, or refined product category.".
ENVIRONMENTAL PROTECTION AGENCY COMMENT PERIOD AND NOTICE OF WAIVER
Sec. 103. Paragraphn (1) and (2) of section 7(c) of the Federal
Energy Administration Act of 1974 // 15 USC 766. // are amended to read
as follows.
"(1) The Administrator shall, before promulgating proposed
rules, regulations. or policies affecting the quality of the
environment, provide a period of not less than five working days
during which the Administrator of the Environmental Protection
Agency may provide written comments concerming the impact of such
rules. regulations, or policies on the quality of the environment.
Such comments shall be published together with publicatoin of
notice of the porposed action.
"(2) The reveiw required by paragraph (1) of this subsection
may be waived for a period of fourteem days in there is an
emergency situation which, in the judgment of the Administrator,
requires making effective the action proposed to be takin at a
date earlier than would premit the Adiinistrator of the
Environmental Protection Agency the five working days opportunity
for prior comment required ny paragraph (1). Notice of any such
waiver shall be given to the Administrator of the Environmental
Protection Agency and filed with the Federal Register with the
publication of notice of proposed of final agency action and
shall
include an explanation of the reasons for such waiver, together
with supporting data and a description of the factual situation in
such detail as the Administrator determines will apprise such
agency and the public of the reasons for such waiver.".
GUIDEMLINES FOR HARDSHIP AND INEQUITY AND HEARINGS AT APPEALS
Sec. 104. Section 7(i) (1) (D) of the Federal Energy Administration
Act of 1974 // 15 USC 766. // is amended to reas as follows:
"(D) Any officer or agnecy authorized to issue the rules,
regulations or orders described in paragraph (A) shall provide for
the making of such adjustments, consistent with the others
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. Such officer or agency shall, within
ninety days after the date of the enactment of the Federal Energy
Administration Act Amendments of 1976,
// 15 USC 761 note. //
establish criteria and guidelines by which such special hardship,
inequity, or unfair distribution of burdens shall be evaluated.
Such officer or agency shall additionally insure that each
decision on any application or petition requesting an adjustment
shall specify the standards of hardship, inequity, or unfair
distribution of burden by which any disposition was made, and the
specific application of such standards to the facts contained in
any such application or petition. If any person is aggrieved or
adversely affected by a denial of a request for adjustment under
the preceding sentences, he may request a review of such denial by
the agency and may obtain judicial review in accordance with
paragraph (2) of this subsection when such a denial becomes final.
The agency shall,b by rule, establish appropriate procedures,
including a hearing when requested, for review of a denial, and
where deemed advisable by the agency, for considering other
requests for action under this paragraph, except that no review of
a denial under this subparagraph shall be controlled by the same
officer denying the adjustment pursuant to this subparagraph.".
REQUIREMENTS FOR HEARING IN THE GEOGRAPHIC AREA
AFFECTED BY
RULES AND REGULATIONS OF RHE ADMINISTRATOR
Sec. 105. Section 7(i) (1), // 15 USC 766. // is amended by adding
after subparagraph (E) the folliwing new subparagraph:
"(F) (i) With respect to any rule or regulation of the
Administrator the effects of which, except for indirect effects of
an inconsequential nature, are confined to--,
"(I) as single unit of local government of the residents thereof;
"(Ii) a single geographic area within a State or the residents thereof;
or
"(III) a single State or the residents thereof; the
Administrator shall, in any case where he is required
by
law, or where he determines, to afford an oppoutunity
for a hearing or the oral presentation of views,
provide
procedures for the holding of such hearing or oral
presentation within the boundaries of the unit of local
government, geographic area, or State decribed in
subclauses (I) through (III), as the case may be.
"(ii) For purposes of this subparagraph--,
"(I) the term 'unit of local government' means a county, municipality,
town, township, villege, or other unit of general government below the
State level; and
"(II) the term 'geographic area within a State' means a special purpose
district ot other region recongnized for governmental purposes within
such State which is not a unit of local government.
"(iii) Nothing in this subpargraph shall be construed as requiring a
hearing or an oral presentation of views where none is required by law
or, in the avsence of such a requirement, where the Administrator
determines a hearing or oral presentation is not appropriate.".
LIMITATION ON THE ADMINISTRATOR'S AUTHORITY WITH RESPECT TO ENFORCEMENT
OF REJUALTIONS AND rulings
Sec. 106. Section 7 of the Federal Energy Administration Act of 1974
// 15 USC 766. // is amended by adding at the end thereof the
following:
"(k) The Administrator or his delegate may not exercise
discretion to maintain a civil action (other than an action for
injunctive relief) or issue a remedial order against any person
whose sole petroleum industry operation relates to the marketing
of petroleum products. for any violation of any rule or
fegulation if--,
"(1) such civil action or order is based upon a retroactive application
of such rule or regulation or is based upon a retroactive interpretation
of such rule or regulations, and
"(2) such person relied in good faith upon rules, regulations, or
rulings interpreting such rules or regulations, in effect on the date of
the violation.".
MAINTAINING ACCOUNTS OF RECORDS FOR COMPLIANCE PURPOSE; AND
ALLEVIATION OF SMALL BUSINESS REPORTING BURDENS
Sec. 107. Section 13 of the Federal Energy Administratin Act of 1974
// 15 USC 772. // is amended by adding at the end thereof the
following:
"(g) With respect to any person who is subject to any rule,
regulation, or order promulagated by the Administrator or to any
provision of law the administration of which is vested in or
transferred or delegated to the Administrator, the Administrator
may require, by rule, the keeping of such accounts or records as
he determines are necessary or appropriate for determining
compliance with such rule, regulation, order, or any applicable
provision of law.
"(h) In exercising his authority under this Act and any other
provision of law relating to the collection of energy information,
the Administrator shall take into account the size of businesses
required to submit reports with the Administrator so as to avoid,
to the greatest extent practicable, overly burdensome reporting
requirements on small marketers and distributors of petroleum
products and other small business concerns required to submit
reports to the Administrator.".
PENALTIES FOR FAILURE TO FILE INFORMATION
Sec. 108. Section 13 of the Federal Energy Administration Act of
1974 as amended by this Act is further amended by adding at the end
thereof the following new subsection:
"(i) Any failure to make information available to the
Administrator under subsection (b), any failure to comply with any
general or special order under subsection (c), or any failure to
allow the Administrator to act under subsection (d) shall be
subject to the same penalties as any violation of section 11 of
the Energy Supply and Environmental Coordination Act of 1974
// 15 USC 796. //
or any rule, regulation, or order issued under such section.".
Sec. 109. (a) Section 15 of the Federal Energy Administration Act of
1974 // 15 USC 774. // is amended--,
(1) by striking out subsection (a) thereof; and
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d) respectively.
(b) Section 15 (b) of such Act (as redesignated by subsection (a) of
this section) is amended--,
(1) by striking out "and" in pargraph (4) after "period;";
(2) in pargraph (5) by striking out the period at the end
thereof and inserting in lieu thereof "; and"; and
(3) by inserting at the end of such subsection the
following:
"(6) an analysis of the energy needs of the United States and the
methods by which such needs can be met, including both tax and nontax
proposals and energy conservation strategies.
In the first annual report submitted after the date of enactment
of the Energy Conservation and Production Act, the Administrator
shall include in such report with respect to the analysis referred
to in paragraph (6) a specific discussion of the utility and
relative benefits of employing a Btu tax as a means for obtaining
national energy goals.".
(c) Section 15 of such Act (as amended by this section) is further
amended by adding at the end thereof the following:
"(e) The analysis refeffed to in subsection (b) (6) shall
include, for each of the next five fiscal years following the year
in which the annual report is submitted and for the tenth fiscal
year following such year--,
"(1) the effect of various conservation programs on such
energy needs;
"(2) the alternate methods of meeting the energy needs identified in
such ammual report and of--,
"(A) the relative capital and other ecomomic costs of each such method;
"(B) the relative environmental, national security, and
balance-of-trade risks ofeach such method;
"(C) the other relevant advantages and disadvantages of each such
method; and
"(3) recommendations for the best method or methods of meeting the
energy needs identified in such annual report and for legislation needed
to meet those needs.
Notwithstanding the termination of this Act, the President shall
designate an appropriate Federal agency to conduct the analysis
specified in subsection (b) (6).".
(d) Section 18(d) of the Federal Energy Administration Act of
1974
// 15 USC 777. //
is amended by striking out "a report every six months" and
inserting in lieu thereof "an annual report".
AUTHORIZATIONS OF APPROPRIATIONS
Sec. 110. Section 29 of the Federal Energy Administration Act of
1974 // 15 USC 761 note. // is amended to read as follows:
" Sec. 29. (a) There are authorized to be appropriated to the
Federal Energy Administration the following sums:
"(1) subject to the restrictions specified in subsection (b), to carry
out the functions identified as assigned to Executive Direction and
Administration of the Federal Energy Administration as of January 1,
1976--,
"(A) for the period beginning July 1, 1976, and ending September 30,
1976, not to exceed $8,655,000; and
"(B) for the fiscal year ending September 30, 1977, not to exceed
$33,086,000.
"(2) to carry out the functions identified as assigned to the Office of
Energy Policy and Analysis as of January 1, 1976--,
"(A) for the period beginning July 1, 1976, and endeing September 30,
1976, not to exceed $8,137,000; and
"(B) for the fiscal year ending September 30, 1977, not to exceed
$34,971,000.
"(3) to carry out the functions identified as assigned to the Office of
Regulatory Programs as of January 1, 1976--,
"(A) for the period beginning July 1, 1976, and ending September 30,
1976, not to exceed $13,238,000; and
"(B) for the fiscal year ending September 30, 1977, not to exceed
$62,459,000.
"(4) to carry out the functions identified as assigned to the Office of
Conservation and the Environment as of January 1, 1976 (other than
functions described in title II of the energy Conservation and
Production Act)--,
"(a) for the period beginning July 1, 1976, and ending September 30,
1976, not to exceed $7,386,000; and
"(B) for the fiscal year ending September 30, 1977, not to exceed
$37,000,000.
"(5) to carry out the functions identified as assigned to the Office of
Energy Resource Development as of January 1, 1976--,
"(A) for the period beginning July 1, 1976, and ending September 30,
1976, not to exceed $3,052,000; and
"(B) for the fiscal year ending September 30, 1977, not to exceed
$16,934,000.
"(6) to carry out the functions identified as assigned to the Office of
International Energy Affairs as of January 1, 1976--,
"(A) for the period beginning July 1, 1976, and ending September 30,
1976 not to exceed $300,000; and
"(B) for the fiscal year ending September 30, 1977, not to exceed
$1,921,000.
"(7) subject to the restriction specified in subsection (c), to carry
out a program to develop the policies, plans, implementation strategies,
and program definitions for promoting accelerated utilization and
widespread commercialization of solar energy and to provide overall
coordination of Federal solar energy commercialization activities--,
"(A) for the period beginning July 1, 1976, and ending September 30,
1976, not to exceed $500,000; and
"(B) for the fiscal year ending September 30, 1977, not to exceed
$2,500,000.
"(8) for the purpose of permitting public use of the Project
Independence Evaluation System pursuant to section 31 of this Act, not
to exceed the aggregate amount of the fees estimated to be charged for
such use.
"(b) The following restrictions shall apply to the authorization of
appropriations specified in paragraph (1) of subsection (a)--,
"(1) amounts to carry out the functions identified as assigned to the
Office of Communications and Public Affairs as of January 1, 1976 shall
not exceed $607,000 for the period beginning July 1, 1976, and ending
September 30, 1976, and shall not exceed $2,036,000 for the fiscal year
ending September 30, 1977; and
"(2) no amounts authorized to be appropriated in such paragraph may be
used to carry out the functions identified as assigned to the Office of
Nuclear Affairs as of January 1, 1976.
"(c) No amounts authorized to be appropriated in paragraph (7) of
subsection (a) may be used to carry out solar energy research,
development, or demonstration activities.".
COLLECTION OF INFORMATION CONCERNING EXPORTS OF COAL OR PETROLEUM
PRODUCTS
Sec. 111. Section 25 of the Federal Energy Administration Act of
1974 // 15 USC 784. // is amended by adding at the end thereof the
following new subsection:
"(d) The Administrator shall not be required to collect
independently information described in subsection (a) if he can
secure the information described in subsection (a) from other
Federal agencies and the information secured from such agencies is
available to the Congress pursuant to a request under subsection
(b).".
FEDERAL ENERFY ADMINISTRATION ACT EXTENSION
Sec. 112. (a) The second sectence of section 30 of the Federal
Energy Administration Act of 1974 // 15 USC 761 note. // is amended to
read as follows:
" This shall terminate December 31, 1977.".
(b) The amendment made by subsection (a) to section 30 of the
Federal Energy Administration Act of u974 shall take effect on
July 30, 1976.
PROJECT INDEPENDENCE EVALUATION SYSTEM DOCUMENTATION AND ACCESS
Sec. 113. The Federal Energy Administration Act of 1974 // 15 USC
761 note. //
is amended by adding at the end thereof the following new section:
" PROJECT INDEPENDENCE EVALUATION SYSTEM DOCUMENTATION AND ACCESS
" Sec. 31. // 15 USC 787. // The Administrator of the Federal
Energy Administration shall--,
"(1) submit to the Congress, not later than September 1, 1976,
full and complete structural and parametric documentation, and not
later than January 1, 1977, operating documentation, of the
Project Independence Evaluation System computer model;
"(2) provide access to such model to representatives committees
of the Congress in an expeditious manner; and
"(3) permit the use of such model on the computer system
maintained by the Federal Energy Administration by any member of
the public upon such reasonable terms and conditions as the
Administrator shall, by rule, prescribe. Such rules shall provide
that any member of the public who uses such model may be charged a
fair and reasonable fee, as determined by the Administrator, for
using such model.".
PART B-PRODUCTION ENHANCEMENT AND OTHER RELATED MATTERS EXEMPTION OF
STRIPPER WELL PRODUCTION
Sec. 121. Section 8 of the Emergency Petroleum Allocation Act of
1973 // 15 USC 757. // is amended by adding at the end thereof the
following new subsection:
"(i) (1) The first sale price of stripper well crude oil shall
be exempt from the regulation promulgated under section 4 of this
Act
// 15 USC 753. //
as amended pursuant to the requirements of this section. For the
purpose of this section, the President shall include in the
computation of the actual weighted average first sale price for
curde oil produced in the United States in any month subsequent to
August 1976 the actual volume of stripper well crude oil produced
in the United States in such subsequent month and such actual
volume shall be deemed to have been sold at a first sale price
equal to $11.63 per barrel plus the difference between the actual
weighted average first sale price in August 1976, for curde oil,
other than stripper well crude oil, produced in the United States,
and the actual average first sale price in such subsequent month
of all classifications of crude oil, other than stripper well
crude oil, produced in the United States, weighted as if cach such
classification were produced in such subsequent month in the same
proportion as such classification, or the most nearly comparable
classification which existed on August 1, 1976, was produced in
August 1976.
"(2) For the purposes of this subsection, 'stripper well crude
oil' means crude oil produced and sold from a property whose
maximum average daily production of crude oil per well during any
consecutive 12-month period beginning after December 31, 1972,
does not exceed 10 barrels.
"(3) To qualify for the exemption under this subsection, a
property must be producing crude oil at the maximum feasible rate
throughout the 12-month qualifying period and in accordance with
recognized conservation practices.
"(4) The President may define terms used in this subsection
consistent with the purposes thereof.".
ENHANCEMENT OF SOMESTIC PRODUCTION
Sec. 122. Section 8 of the Emergency Petroleum Allocation Act of
1973 (as amended by section 121 of this Act) // 15 USC 757. // is
further amended--,
(1) in subsection (d) (1), by striking out "any adjustment as a
production incentive shall not permit an increase in the maximum
weighted average first sale price in excess of 3 per centum per
annum (compounded annually), unless modified pursuant to this
section, and';
(2) in subsection (d) (3) (C), by striking out ", including
production from stripper wells";
(3) in subsection (e) (1), by striking out "(A) a production
incentive adjustment to the maximum weitghted average first sale
price in excess of the 3 per centum limitation specified in
subsection (d) (1), (B)", and by striking out "such subsection, or
(C) both.", and inserting in lieu thereof "subsection (d) (1).";
(4) in subsection (e) (2), by striking out "an additional
adjustment as a production incentive, or", and by striking out ",
or both,";
(5) in subsection (f) (1), by adding before the period at the
end thereof the following: "and an analysis of the effects on
price and the production of domestic crude oil resulting from the
amendments made to this section by section 121 and 122 of the
Energy Cnservation and Production Act";
(6) in subsection (f) (2), by striking out " The President may"
and inserting in lieu thereof " On March 15, 1977, the President
may";
(7) in subsection (f) (2) (A), by striking out "or
modification", and by strikinh out "as may have been amended
pursuant to subsection (e)";
(8) in subsection (f) (5), by striking out "or modify", and by
striking out "or of a modification of such adjustment"; and
(9) by adding at the end thereof the folliwing new
subsection:
"(j) (1) As soon as practicable after the date of enactment of this
subsection taking into consideration the greater flexibility provided by
the amendments relating to the production incentive adjustment under
section 122 of the Energy Conservation and Production Act, the President
shall promulgate such amendments to the regulation under section 4 (a)
(relating to price) as shall (A) provide additional price incentives for
bona fide tertiary enhanced recovery techniques and (B) provide for the
adjustment of differentials in ceiling prices for crude oil that are the
result of gravity differentials which are arbitary, discriminatory,
applied on a regional or local basis without reasonable justification,
or fail substantially to reflect current relative market valuations of
such differentials.
"(2) As used in this subsection, the term 'tertiary enhanced recovery
techniques means extraordinary and high cost enhancement technologies of
a type associated with tertiary applications including, to the extent
that such techniques would be unecomomical without additional price
incentives, miscible fluid or gas injection, chemical flooding, steam
flooding, micremulsion flooding, in situ combustion, cycle steam
injection, polyner flodding, and caustic flodding and variation of the
same. The President shall have authority to further
define the term by
rule.".
CONSTRUCTION OF REFINERIES BY SMALL AND INDEPEDENT REFINERS
Sec. 123. (a) It is the intent of the Congress that, for the purpose
of fostering construction of new refineries by small and independent
refiners in the United States, the Administrator of the Federal Energy
Administration shall take such action, within his authority under other
law consistent with the attainment, to the maximum extent practicable,
of the objectives under section 4(b) (1) (D) of the Emergency Petroleum
Allocation Act of 1973, // 15 USC 753. // as the Administrator
determines necessary to insure that rules, regulations, or orders issued
by him do not impose unreasonably, unnecessary, or discriminatory
barriers to entry for small refiners and independent refiners.
(b) Not later than April 1, 1977, the Administrator shall report to
the Congress with respect to actions taken to carry out the policies in
subsection (a).
(c) For the purposes of this section the term "small refiner" and
"independent refiner" have the same meaning as such terms have under the
Emergency Petroleum Allocation Act of 1973.
EFFECTIVE DATE OF EPPA AMENDMENTS
Sec. 124. The amendments made to section 8 of the emergency
Petroleum Allocation Act by section 122 of this Act shall take effect on
the date of enactment of this Act. The amendments made to section 8 of
such Act by section 121 of this Act shall tale effect on the first day
of the first full month which begins after the date of enactment of this
Act.
PART C-- OFFICE OF ENERGY INFORMATION AND ANALYSIS FINDINGS AND PURPOSE
Sec, 141. (a) The Congress finds that the public interest requires
that decisionmaking, with respect to this Nation's energy requirements
and the sufficiency and availability of energy resouces and supplies, be
based on adequate, accurate, comparable, coordinated, and credible
energy information,
(b) The purpose of this is to establish within the Federal Energy
Administration an Office of Energy Information and Analysis and a
National Energy Information System to assure the availablity to
adequate, comparable, accurate, and credible energy information to the
Federal Energy Administration, to other Government agencies responsible
for energy-related policy decisions, to the Congress, and to the public.
OFFICE OF ENERGY INFORMATION AND ANALYSIS
Sec. 142. The Federal Energy Administration Act of 1974 // 15 USC
761 note. // is amended by inserting " Part A - Federal Energy
Administration" after the enacting clause and by adding at the end
thereof the following:
" PART B--OFFICE OF ENERGY INFORMATION AND ANALYSIS
" ESTABLISHMENT OF OFFICE OF ENERGY INFORMATION AND ANALYSUS
" Sec. 51. (a) (1) There is established within the Federal Energy
Administration an Office of Energy Information and Analysis (hereinafter
in this Act // 15 USC 790. // referred to as the ' Office') which shall
be headed by a Director who shall be appointed by the President, by and
with the advice and consent of the Senate.
"(2) The Director shall be a person who, by reason of professional
background and experience, is specially qualified to manage an energy
information system.
"(b) The Administrator shall delegate (which delegation may be on a
nonexexclusive basis as the Adminsitrator may determine may be necesssay
to assure the fathful execution of this authorities and responsibilities
under law) the authority vested in him under section 11 of the Energy
Supply and Enviornmental Coordination Act of 1974 and section 13 of this
Act // 15 USC 796. // and the Director may act in the name of the
Administrator under section 12 of the Energy Supply and Environmental
Coordination Act of 1974 // 15 USC 772. // and section 13 of this Act
for the purpose of obtaining enforcement of the authorities delegated to
him.
"(c) As used in this Act the term 'energy information' shall have the
meaning described in section 11 of the Energy Supply and Environmental
Coordination Act of 1974.
" NATIONAL ENERGY INFORMATION SYSTEM
" Sec. 52, (a) It shall be the duty of the Director to establish a
National Energy Information System // 15 USC 790a. // (hereinafter
referred to in this Act as the ' System), which shall be operated and
maintained by the Office, The System shall contain such information as
is required to provide a description of and facilitate analysis of
energy supply and consumption within and affecting the United States on
the basis of such geographic areas and economic sectors as may be
appropriate to meet adequately the needs of--,
"(1) the Federal Energy Administration in carrying out its
lawful functions;
"(2) the Congress; and
"(3) other officers and employees of the United States in whom
have been vested, or to whom have been delegated, energy-related
policy decisionmaking responsibilities.
"(b) At a minimum, the System shall cintain such enerfy information
as is necessary to carry out the Administration's statistical and
forecasting activities, and shall include, at the earliest date and to
the maximum extent practical subject to the resources available and the
Director's ordering of those resources to meet the responsibilities of
his Office, such energy information as is required to define and permit
analysis of--,
"(1) the institutional structure of the energy supply system
including patterns of ownership and control of mineral fuel and
nonmineral energy resources and the production, distribution, and
marketing of mineral fuels and electricity;
"(2) the consumption of mineral ruels, nonmineral energy
resources, and electricity by such classes, sectors, and regions
as may be appropriate for the purposes of this Act;
"(3) the secsitivity of energy resource reserves, exploration,
development, production, transportation, and conxumption to
economic factor,s, environmental constraints, techmological
improvements, and substitutability of alternate energy sources;
"(4) the comparability of energy information and statistics
that are supplied by different sources;
"(5) industrial, labor, and regional impacts of changes in
patterns of energy supply and consumption;
"(6) international aspects, econiomic and otherwise, of the
evolving energy situation; and
"(7) long-term relationships between energy supply and
consumption in the United States and would communities.
" ADMINISTRATIVE PROVISIONS
" Sec. 53. (a) The Director of the Office shall receive compensation
at the rate now or hereafter prescribed for offices and positions at
level IV of the Executive Schedule as specified in section 5315 of title
5, United States Code.
"(b) To carry out the function of the Office, the Director, on behalf
of the Administrator, is authorized to appoint and fix the compensation
of such professionally qualified employees as he deems necessary,
including up to ten of the employees in grade GS - 16, GS - 17, or GS -
18 authorized by section 7 of this Act.
"(c) The funcitons and powers of the Office shall be vested in or
delegated to the Director, who 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. Such delegation may be
made, upon request, to any officer or agency of the Federal Government.
"(d) (1) The Director shall be available to the Congress to provide
testimony on such subjects under his authority and responsibility as the
Congress may request, including but not limited to energy information
and analyses thereof.
"(2) Any request for appropriations for the Federal Energy
Administration submitted to the Congress shall identify the portion of
such request intended for the support of the Office, and a statement of
the differences, if any, between the amounts requested and the
Director's assessment of the budgetary needs of the Office.
" ANALYTICAL CAPABILITY
" Sec. 54. (a) The Director shall establish and maintain the
secientific, engineering, statistical, or other technical capability to
perform analysis of energy information to--,
"(1) verify the accurancy of ttems of energy information
submitted to the Director; and
"(2) insure the coordination and comparability of the energy
information in possession of the Office and other Federal
agencies.
"(b) The Director shall establish and maintain the professional
and analytic capability to evaluate, independently the adequacy
and comprehensiveness of the energy information in possession of
the Office and other agencies of the Federal Fovernment in
relation to the purposes of this Act and for the perfromance of
the analyses described in section 52 of this Act. Such analytic
capability shall include--,
"(1) expertise in ecomonics, finance, and accounting;
"(2) the capability to evaluate estimates of reserves of
mineral fuels and nonmineral energy resources utilizing
alternative methodologies;
"(3) the development and evaluation of energy flow and
accounting models describing the production, distribution, and
comsumption of enerty by the various sectors of the ecomony and
lines of commerce in the enerty industry;
"(4) the development and evaluation of alternative forecasting
models describing the short - and long - term relationships
between energy supply and comcumption and appropriate variables;
and
"(5) such other capabilited as the Director deems necessary to
acheive the purposes of this Act.
" PROFESSIONAL AUDIT REVIEW OF PERFORMANCE OF OFFICE
" Sec. 55. (a) The procedures and methodology of the Office shall be
subject to a through annual performance audit review. Shch shall
prepare a report describing its investigation and reporting its findings
to the President and to the Congress.
"(b) The Professional Aduit Review Team shall consist of at least
seven professionally qualified persons who shall be officer or employees
of the United States and of whom at least--,
"one shall be designated by the Chairman of the Council of
Economic Advisers;
"one shall be designated by the Commissioner of Labor
Statistics;
"one shall be designated by the Administrator of Social and
Economic Statistics;
"one shall be designated by the Chairman of the Seucrities and
Exchange Commission;
"one shall be designated by the Chairman of the Federal Trade
Commission;
"one shall be designated by the Chairman of the Federal Power
Commission; and
"one, who shall be the Chairman of the Professional Audit
Review Team, shall be designated by the Comptroller General.
"(c) The Director and the Administrator shall cooperate fully with
the Professional Audit Review Team and notwithstanding any other
provisions of law shall make available to the Team such data,
information, documents, and services as the Team determines are
necessary for successful completion of its performance audit review.
"(d) Except as authorized by law, any person who--,
"(1) obtains, in the course of exercising the functions of the
Professional Audit Review Team, information which constitutes a
trade secret to confidential commercial information, the
disclosure of which could result in significant competitive injury
to the person to which such information relates; and
"(2) willfully discloses such information;
shall be fined not more than $40,000, or imprisoned not more than one
year, or both.
" COORDINATION OF ENERGY INFORMATION ACTIVITIES
" Sec. 56. (a) In carrying out the purposes of this Act the Director
shall, as he deems appropriate, review the energy information gathering
activities of Federal agencies with a view toward avoiding duplication
of effort and minimizing the compliance burden on business enterprises
and other persons.
"(b) In exercising his responsibilities under subsection (a) of this
section, the Director shall recommend policies which, to the greatest
extent practicable--,
"(1) provide adequately for the energy information needs of the
various departments and agencies of the Federal Government, the
Congress, and the public;
"(2) minimize the burden of reporting energy information on
businesses, other persons, and especially small businesses;
"(3) reduce the cost to Government of obtaining information;
and
"(4) utilize files of information and existing facilities of
established Federal agencies.
"(c) (1) At the earliest practicable date after the date of enactment
of this section, each Federal agency which is engaged in the gathering
of energy information as a part of an established program, function, or
other activity shall promptly provide the Administrator with a report on
energy information which--,
"(A) identifies the statutory authority upon which the energy
information collection activities of such agency is based;
"(B) lists and describes the energy information needs and
requirements of such agency; and
"(C) lists and describes the categories, definitions, levels of
detail, and frequency of collection of the energy information
collected by such agency.
Such agencies shall cooperate with the Administrator and provide such
other descriptive information with respect to energy information
activities as the Administrator may request. The Administrator shall
prepare a report on his activities under this subsection, which report
shall include recommendations with respect to the coordination of energy
information activities of the Federal Government. Such report shall be
available to the Congress and shall be transmitted to the President and
to the Energy Resources Council for use in preparation of the plan
required under subsection (c) of section 108 of the Energy
Reorganization Act of 1974. // 42 USC 5818. //
" Sec. 57. (a) The Director shall make periodic reports and may make
special reports to the Congress and the public, including but not
limited to--,
"(1) such reports as the Director determines are necessary
to
provide a comprehensive picture of the quarterly, monthly, and, as
appropriate, weekly supply and consumption of the various
nonmineral energy resources, mineral fuels, and electricity in the
United States; the information reported may be organized by
company, by States, by regions, or by such other producing and
consuming sectors, or combinations thereof, and shall be
accompanied by an appropriate discussion of the evolution of the
energy supply and consumption situation and such national and
international trends and their effects as the Director may find to
be significant; and
"(2) an annual report which includes, but is not limited to, a
description of the activities of the Office and the National
Energy Information System during the preceding year; a summary of
all special reports published during the preceding year; a
summary of statistical information collected during the preceding
year; short-, medium-, and long-term energy consumption and
supply trends and forecasts under various assumption; and, to the
maximum extent practicable, a summary or schedule of the amounts
of mineral fuel resources, nonmineral energy resources, and
mineral fuels that can be brought to market at various prices and
technologies and their relationship to forecasted demands.
"(b) (1) The Director, on behalf of the Administrator, shall insure
that adequate documentation for all statistical and forecast reports
prepared by the Director is made available to the public at the time of
publication of such reports. The Director shall periodically audit and
validate analytical methodologies employed in the preparation of
periodic statistical and forecast reports.
"(2) The Director shall, on a regular basis, make available to the
public information which contains validation and audits of periodic
statistical and forecast reports.
"(c) Prior to publication, the Director may not be required to obtain
the approval of any other officer or employee of the United States with
respect to the substance of any statistical or forecasting technical
reports which he has prepared in accordance with law.
" ENERGY INFORMATION IN PORSSESSION OF OTHER FEDERAL AGENCIES
" Sec. 58. (a) In furtherance and not in limitation of any other
authority, the Director, on behalf of the Administrator, shall have
access to energy information in the possession of any Federal agency
except information--,
"(1) the disclosure of which to another Federal agency is
expressly prohibited by law; or
"(2) the disclosure of which the agency so requested determines
would significantly impair the discharge of authorities and
responsibilities which have been delegated to, or vested by law,
in
such agency.
"(b) In the event that energy information in the possession of
another Federal agency which is required to achieve the purposes of this
Act is denied the Director or the Administrator pursuant to paragraph
(1) or paragraph (2) of subsection (a) of this section, the
Administrator, or the Director, on behalf of the Administrator, shall
take appropriate action, pursuant to authority granted by law, to obtain
said information from the original sources or a suitable alternate
source. Such source shall be notified of the reason for this request
for information.
" CONGRESSIONAL ACCESS TO INFORMATION IN POSSESSION OF THE OFFICE
" Sec. 59. The Director shall promptly provide upon request any
energy information in the possession of the Office to any duly
established committee of the Congress. Such information shall be deemed
the property of such committee and may not be disclosed except in
accordance with the rules of such committee and the Rules of the House
of Representatives or the Senate and as permitted by law.".
EFFECTIVE DATE
Sec. 143. The amendments made by this part C to the Federal Energy
Administration Act of 1974 // 15 USC 790 note. // shall take effect 150
days after the date of enactment of this Act, // 15 USC 761 note. //
except that section 56(c) of the Federal Energy Administration Act of
1974 (as added by this part) shall take effect on the date of enactment
of this Act.
PART D--AMENDMENTS TO OTHER ENERGY- RELATED LAW APPLIANCE PROGRAM
Sec. 161. (a) Section 325(a) (1) (A) of the Energy Policy and
Conservation Act // 42 USC 6295. // is amended to read as follows:
"(a) (1) (A) The Administrator shall direct the National Bureau
of Standards to develop an energy efficiency improvement target
for each type of covered product specified in paragraphs (1)
through (10) of section 322(a). Not later than 90 days after the
date of enactment of the Energy Conservation and Production Act,
the Administrator shall, by rule, prescribe an energy efficiency
improvement target for each such tpye of covered product.".
(b) Section 325(a) (2) of such Act is amended by striking out
the first sentence and inserting in lieu thereof the following:
"(2) The Administrator shall direct the National Bureau of
Standards to develop an energy efficiency improvement target for
each type of covered product specified in paragraphs (11), (12),
and (13) of section 322(a). Not later than one year after the
date of enactment of this Act, the Administrator shall, by rule,
prescribe an energy efficiency improvement target for each such
type of product.".
ENERGY RESOURCES COUNCIL REPORTS
Sec. 162. (a) Section 108(b) of the Energy Reorganization Act of
1974 // 42 USC 5818. // is amended--,
(1) by striking out "and" at the end of paragraph (2);
(2) by srtiking out the period at the end thereof and inserting
in lieu thereof a semicolon; and
(3) by adding at the end thereof the following new
paragraphs:
"(4) prepare a report on national energy conservation
activities which shall be submitted to the President and the
Congress annually, beginning on July 1, 1977, and which shall
include--,
"(A) a review of all Federal energy conservation expenditures and
activities, the purpose of each such activity, the relation of the
activity to national conservation targets and plans, and the success of
the activity and the plans for the activity in future years;
"(B) an analysis of all conservation targets established for industry,
residential, transportation, and public sectors of the economy, whether
the targets can be achieved or whether they can be further improved, and
the progress toward their achievement in the past year;
"(C) a review of the progress made pursuant to the State energy
conservation plans under sucrions 361 through 336 of the Energy Policy
and Conservation Act
// 42 USC 6321 - 6326. //
and other similar
efforts at the State and local level, and whether
further
conservation can be carried on by the States or by
local governments,
and whether further Federal assistance is required;
"(D) a review of the principal conservation efforts in the private
sector, the potential for more widespread implementation of such efforts
and the Federal Government's efforts to promote more widespread use of
private energy conservation initiatives; and
"(E) an assessment ofwhether existing conservation targets and goals
are sufficient to bridge the gap between domestic energy production
capacity and domestic energy needs, whether additional incentives or
programs are necessary or useful to colse that gap further, and a
dicussion of what mandatory measures might be useful to further bring
domestic demand into harmony with domestic supply.
The Chairman of the Energy Resources Council shall coordinate the
preparation of the report required under paragraph (5).".
(b) Section 107 of the Energy Reorganization Act of 1974 // 42 USC
5818. // is amended--,
(1) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(2) by adding after subsection (b) the following new
subsection:
"(c) The President, through the Energy Resources Council, shall--, "(1)
prepare a plan for the reorganization of the Federal Government's
activities in energy and natural resources, including, but not limited
to, a study of--,
"(A) the principal laws and directives that constitute the energy and
natural resource policy of the United States;
"(B) prospects of developing a consolidated national energy policy;
"(C) the major problems and issues of existing energy and natural
resource organizations;
"(D) the options for Federal energy and natural resource organizations;
"(E) an overview of available resources pertinent to energy and natural
resource organization;
"(F) recent proposals for a national energy and natural resource policy
for the United States; and
"(G) the relationship between energy policy goals and other national
objectives;
"(2) submit to Congress--,
"(A) no later than December 31, 1976, the plan prepared pursuant to
subsection (c) (1) and a report containing his recommendations for the
reorganization of the Federal Government's responsibility for energy and
natural resource matters together with such proposed legislation as he
deems necessary or appropriate for the implementation of such plans or
recommendations; and
"(B) not later than April 15, 1977, such revisions to the plan and
report described in subparagraph (A) of this paragraph as he may
consider appropriate; and
"(3) provide interim and transitional policy planning for
energy and natural resource matters in the Federal Government.".
EXTENSION OF ENERGY RESOURCES COUNCIL
Sec. 163. Section 108(e) of the Energy Reorganization Act of 1974,
// 42 USC 5818. // as redesignated by subsection (b) (1) of this
section, is amended by striking out "two years after such effective
date," and inserting in lieu thereof "not later than September 30,
1977,".
DEVELOPMENT OF UNDERGROUND COAL MINES
Sec. 164. Section 102 of the Energy Policy and Conservation Act //
42 USC 6211. // is amended by adding at the end of subsection (c) the
following new paragraph:
"(4) The term 'developing new underground coal mine' includes
expansion of any existing underground coal mine in a manner
designed to increase the rate of production of such mine, and the
reopening of any underground coal mine which had previously been
closed.".
TITLE II - ELECTRIC UTILITY RATE DESIGN INITIATIVES
FINDINGS
Sec. 201. (a) The Congress finds that improvement in electric
utility rate design has great potential for reducing the cost of
electric utility services to consumers and current and projected
shortages of capital, and for encouraging energy conservation and better
use of existing electrical generating facilities.
(b) It is the purpose of this title to require the Federal Energy
Administration to develop proposals for improvement of electric utility
rate design and transmit such proposals to Congress; to fund electric
utility rate demonstration projects; to intervene or participate, upon
request, in the proceedings of utility regulatory commissions; and to
provide financial assistance to State officers of consumer services to
facilitate presentation of consumer interests before such commissions.
DEFINITIONS
Sec. 202. As used in this title:
(1) The term " Administrator" means the Administrator of the
Federal Energy Administration; except that after such
Administration ceases to exist, such term means any officer of the
United States designated by the President for purposes of this
title.
(2) The term "electric utility" means any person, State agency,
or Federal agency which sells electric energy.
(3) The term " Federal agency" means any agency or
instrumentality of the United States.
(4) The term " State agency" means a State, political
subdivision thereof, or any agency or instrumentality of either.
(5) The term " State utility regulatory commission" means (A)
any utility regulatory commission which is a State agency or (B)
the Tennessee Valley Authority.
(6) The term " State" means any State, the District of
Columbia, Puerto Rico, and any territory or possession of the
United States.
(7) The term "utility regulatory commission" means any State
agency or Federal agency which has authority to fix, modify,
approve, or disapprove rates for the sale of electric energy by
any electric utility (other than by such agency).
ELECTRIC UTILITY RATE DESIGN PROPOSALS
Sec. 203. (a) The Administrator shall develop proposals to improve
electric utility rate design. Such proposals shall be designed to
encourage energy conservation, minimize the need for new electrical
generating capacity, and minimize costs of electric energy to consumers,
and shall include (but not be limited to) proposals which provide for
the development and implementation of--,
(1) load management techniques which are cost effective;
(2) rates which reflect marginal cost of service, or time of
use of service, or both;
(3) ratemaking policies which discourage inefficient use of
fuel and encourage economical purchases of fuel; and
(4) rates (or other regulatory policies) which encourage
electric utility system reliability and reliability of major items
of electric utility equipment.
(b) The proposals prepared under subsection (a) shall be transmitted
to each House of Congress not later than 6 months after the date of
enactment of this Act, for review and for such further action as the
Congress may direct by law. Such proposals shall be accompanied by an
analysis of--,
(1) the projected savings (if any) in consumption of petroleum
products, natural gas, electric energy, and other energy
resources,
(2) the reduction (if any) in the need for new electrical
generating capacity, and of the demand for capital by the electric
utility industry, and
(3) changes (if any) in the cost of electric energy to
consumers, which are likely to result from the implementation
nationally of each of the proposals transmitted under this
subsection.
RATE DESIGN INNOVATION AND FEDERAL ENERGY ADMINISTRATION INTERVENTION
Sec. 204. The Administrator may--,
(1) fund (A) demonstration projects to improve electric utility
load management procedures and (B) regulatory rate reform
initiatives,
(2) on request of a State, a utility regulatory commission, or
of any participant in any proceeding before a State utility
regulatory commission which relates to electric utility rates or
rate design, intervene and participate in such proceeding, and
(3) on request of any State, utility regulatory commission, or
party to any action to obtain judicial review of an administrative
proceeding in which the Administrator intervened or participated
under paragraph (2), intervene and participate in such action.
GRANTS FOR OFFICES OF CONSUMER SERVICES
Sec. 205. (a) The Administrator may make grants to States, or
otherwise as provided in subsection (c), under this section to provide
for the establishment and operation of offices of consumer services to
assist consumers in their presentations before utility regulatory
commissions. Any assistance provided under this section shall be
provide only for an office of consumer services which is operated
independently of any such utility regulatory commission and which is
empowered to--,
(1) make general factural assessments of the impact of proposed
rate changes and other proposed regulatory actions upon all
affected consumers;
(2) assist consumers in the presentation of their positions
before utility regulatory commissions; and
(3) advocate, on its own behalf, a position which it determines
represents the position most advantageous to consumers, taking
into account developments in rate design reform.
(b) Grants pursuant to subsection (a) of this section shall be made
only to States which furnish such assurances as the Administrator may
require that funds made available under such section will be in addition
to, and not in substitution for, funds made available to offices of
consumer services from other sources.
(c) Assistance may be provided under this section to an office of
consumer services established by the Tennessee Valley Authority, if such
office is operated independently of the Tennessee Valley Authority.
REPORTS
Sec. 206. Not later than the last day in December in each year, the
Administrator shall transmit to the Congress a report with respect to
activities conducted under this title and recommendations as to the need
for and types of further Federal legislation.
AUTHORIZATIONS OF APPROPRIATIONS
Sec. 207. (a) There are authorized to be appropriated to carry out
this title (other than section 205) for the period beginning July 1,
1976, and ending September 30, 1977, not to exceed $13,056,000, of which
not more than $1,000,000 may be assigned for purposes of section 204 (2)
and (3).
(b) There are authorized to be appropriated to carry out section 205
for such period not to exceed $2,000,000.
TITLE II - ENERGY CONSERVATION STANDARDS FOR NEW BUILDINGS
SHORT TITLE
Sec. 301. This title may be cited as the " Energy Conservation
Standards for New Buildings Act of 1976".
FINDINGS AND PURPOSES
Sec. 302. (a) The Congress finds that--,
(1) large amounts of fuel and energy are consumed unnecessarily
each year in heating, cooling, ventilating, and providing domestic
hot water for newly constructed residential and commercial
buildings because such buildings lack adequate energy conservation
features;
(2) Federal performance standards for newly constructed
buildings can prevent such waste of energy, which the Nation can
no longer afford in view of its current and anticipated energy
shortage;
(3) the failure to provide adequate energy conservation
measures in newly constructed buildings increases long-term
operating costs that may affect adversely the repayment of, and
security for, loans made, insured, or guaranteed by Federal
agencies or made by federally insured or regulated
instrumentalities; and
(4) State and local building codes or similar controls can
provide an existing means by which to assure, in coordination with
other building requirements and with a minimum of Federal
interference in State and local transactions, that newly
constructed buildings contain adequate energy conservation
features.
(b) The purposes of this title, therefore, are to--,
(1) redirect Federal policies and practices to assure that
reasonable energy conservation features will be incorporated into
new commercial and residential buildings receiving Federal
financial assistance;
(2) provide for the development and implementation, as soon as
practicable, or performance standards for new residential and
commercial buildings which are designed to achieve the maximum
practicable improvements in energy efficiency and increases in the
use of nondepletable sources of energy; and
(3) encourage States and local governments to adopt and enforce
such standards through their existing building codes and other
construction control mechanisms, or to apply them through a
special approval process.
DEFINITIONS
Sec. 303. As used in this title:
(1) The term " Administrator" means the Administrator of the
Federal Energy Administration; except that after such
Administration ceases to exist, such term means any officer of the
United States designated by the President for purposes of this
title.
(2) The term "building" means any structure to be constructed
which includes provision for a heating or cooling system, or both,
or for a hot water system.
(3) The term "building code" means a legal instrument which is
in effect in a State or unit of general purpose local government,
the provisions of which must be adheard to if a building is to be
considered to be in conformance with law and suitable for
occupancy and use.
(4) The term "commercial building" means any building other
than a residential building, including any building developed for
industrical or public purposes.
(5) The term " Federal agency" means any department, agency,
corporation, or other entity or instrumentality of the executive
branch of the Federal Government, including the United States
Postal Service, the Federal National Mortgage Association, and the
Federal Home Loan Mortgage Corporation.
(6) The term " Federal building" means any building to be
constructed by, or for the use of, any Federal agency which is not
legally subject to State or local building codes or similar
requirements.
(7) The term " Federal financial assistance" means (A) any form
of loan, grant, guarantee, insurance, payment, rebate, subsidy, or
any other form of direct or indirect Federal assistance (other
than general or special revenue sharing or formula grants made to
States) approved by any Federal officer or agency; or (B) any
loan made or purchased by any bank, savings and loan association,
or similar institution subject to regulation by 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, or the National Credit Union
Administration.
(8) The term " National Institute of Building Sciences" means
the institute established by section 809 of the Housing and
Community Development Act of 1974.
// USC 1701j - 2. //
(9) the term "performance standards" means an energy
consumption goal or goals to be met without specification of the
methods, materials, and processes to be employed in achieving that
goal or goals, but including statements of the requirements,
criteria and evaluation methods to be used, and any necessary
commentary.
(10) The term "residential building" means any structure which
is constructed and developed for residential occupancy.
(11) The term " Secretary" means the Secretary of Housing and
Urban Development.
(12) The term " State" includes each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, and any
territory and possession of the United States.
(13) The term "unit of general purpose local government" means
any city, county, town, municipality, or other political
subdivision of a State (or any combination thereof), which has a
building code or similar authority over a particular geographic
area.
PROMULGATION OF ENERGY CONSERVATION PERFORMANCE STANDARDS FOR NEW
BUILDINGS
Sec. 304. (a) (1) As soon as practicable, but in no event later than
3 years after the date of enactment of this title, the Secretary, only
after consultation with the Administrator, the Secretary of Commerce
utilizing the services of the Director of the National Bureau of
Standards, and the Administrator of the General Services Administration,
shall develop and publish in the Federal Register for public comment
proposed performance standards for new commercial buildings. Final
performance standards shall be promulgated within 6 months after the
date of publication of the proposed standards, and shall become
effective within a reasonable time, not to exceed 1 year after the date
of promulgation, as specified by the Secretary.
(2) As soon as practicable, but in no event later than 3 years after
the date of enactment of this title, the Secretary, only after
consultation with the Administrator and the Secretary of Commerce
utilizing the services of the Director or the National Bureau of
Standards, shall develop and publish in the Federal Register for public
comment proposed performance standards for new residential buildings.
Final performance standards for such buildings shall be promulgated
within 6 months after the date of publication of the proposed standards,
and shall become effective within a reasonable time, not to exceed 1
year after the date of promulgation, as specified by the Secretary.
(3) In the development of performance standards, the Secretary shall
utilize the services of the National Institute of Building Sciences,
under appropriate contractual arrangements.
(b) All performance standards promulgated pursuant to subsection (a)
shall take account of, and make such allowance or particular exception
as the Secretary determines appropriate for, climatic variations among
the different regions of the country.
(c) The Secretary, in consultation with the Administrator, the
Secretary of Commerce, the Administrator of the General Services
Administration, and the heads of other appropriate Federal agencies, and
the National Institute of Building Sciences, shall periodically review
and provide for the updating of performance standards promulgated
pursuant to subsection (a).
(d) The Secretary, if he finds that the dates otherwise specified in
this section for publication of proposed, or for promulgation of final,
performance standards under subsection (a) (1) or (a) (2) cannot
practicably be met, may extend the time for such publication or
promulgation, but no such extension shall result in a delay of more than
6 months in promulgation.
APPLICATION OF ENERGY CONSERVATION PERFORMANCE STANDARDS FOR NEW
BUILDINGS
Sec. 305. (a) Subject to the provisions of subsection (c) and after
the effective date of final performance standards for new commercial and
residential buildings pursuant to section 304(a), no federal financial
assistance shall be made available or approved with respect to the
construction of any new commercial or residential building in any area
of any State, unless--,
(1) such State has certified, in accordance with regulations of
the Secretary, that--,
(A) the unit of general purpose local government which has jurisdiction
over such area has adopted and is implementing a building code, or other
construction control mechanism, which meets or exceeds the requirements
of such final performance standards, or
(B) such State has adopted and is implementing, on a statewide basis or
with respect to such area, a building code or other laws or regulations
which provide for the effective application of such final performance
standards;
(2) such new building has been determined, pursuant to any
applicable approval process described in subsection (b), to be in
compliance with such final performance standards; or
(3) such new building is to be located in any area in which the
construction of new buildings is not of a magnitude to warrant the
costs of implementing final performance standards, as determined
by the Secretary after receiving a request for such a
determination (and material justifying such request) from the
State in which the area is located; except that the Secretary may
rescind such a determination whenever the Secretary finds that the
amount of construction of new buildings has increased in such area
to an extent that such costs are warranted.
The Secretary shall review and conduct such investigations as are deemed
necessary to determine the accuracy of such certifications and shall
provide for the periodic updating thereof. The Secretary may reject,
disapprove, or require the withdrawal of any such certification after
notice to such State and an opportunity for a hearing.
(b) (1) The provisions of this subsection shall not apply to any area
subject to the jurisdiction of a unit of general purpose local
government or of a State described in subsection (a) (1), and the
provisions of this subsection and the approval process applicable under
this subsection shall cease to apply to any area at such time as the
Secretary receives a certification under subsection (a) (1) with respect
to such area.
(2) The Secretary shall have overall responsibility for the effective
application of the applicable approval process described in this
subsection in any area not exempted therefrom pursuant to paragraph (1).
(3) As used in this section, the term "approval process" means a
mechanism and procedure for the consideration and approval of an
application to construct a new building and which involves (A)
determining whether such proposed building would be in compliance with
the final performance standards for new buildings promulgated under
section 304, and (B) administration by the level and agency of
government specified by the Secretary pursuant to paragraph (4).
(4) The level agency of government which shall administer the
approval provess described in this subsection is--,
(A) first, the agnecy which grants building permits on behalf
of the unit of general purpose local government which has
jurisdiction over the area in which new construction is porposed,
if such agency is willing and able to administer such approval
process;
(B) second, if the agency described in subparagraph (A) in not
willing and able to administer such approval process, any other
agency of the unit of general purpose local government described
in such paragraph which has authority to administer such such
approval process; and
(C) third, if no agency described in subparagraphs (A) and (B)
is willing and able to administer such approval process, any
agency of the State in which new construction is proposed which
has authority to administer such approval process, if such agency
is willing and able to administer such approval process.
(c) The President shall transmit the final performance standards for
new buildings to both House of Congress upon the date of promulgation of
such standards pursuant to section 304 (a), for review by the Congress
under this subsection to determine whether the sanction set forth in the
introductory clause to subsection (a), is necessary and appropriate to
assure that such standards are in fact applied to all new buildings.
Such sanction shall be deemed approved as necessary for such purpose
(and shall thereafter be enforced, directly and indirectly, by each
applicable person and governmental entitly) if the use of such sanction
is approved by a resolution of each House of Congress in accordance with
the procedures specified in section 552 of the Energy Policy and
Conservation Act; // 42 USC 6422. // except that for purposes of this
section the 60 calendar days described in section 552(b) and (c) (2) of
such Act shall be lengthened to 90 calendar days.
FEDERAL BUILDINGS.
Sec. 306. The head of each Federal agency responsible for the
construction of any Federal building shall adopt such procedures as may
be necessary to assure that any such construction meets or exceeds the
applicable final performance standards promulgated pursuant to this
title.
GRANTS
Sec. 307. (a) The Secretary may make grants to States and units of
general purpose local government to assist them in meeting the costs of
adopting and implementing performance standards or of administering
State certification procedures or any applicable approval process to
carry out the provisions of section 305.
(b) There is authorized to be appropriated for the purpose of
carrying out this section, not to exceed $5,000,000 for the fiscal year
ending September 30, 1977. Any amount appropriated pursuant to this
subsection shall remain available until expended.
TECHNICAL ASSISTANCE
Sec. 308. The Secretary (directly, by contract, or otherwise) may
provide technical assistance to States and units of general purpose
local government to assist them in meeting the the requirements of this
title.
CONSULTATION WITH INTERESTED AND AFFECTED GROUPS
Sec. 309. In developing and promulgating performance standards and
carrying out other functions under this title, the Secretary shall
consult with appropriate representatives of the building community
(including representatives of labor and the construction industry,
enginners, and architects), with appropriate public officials and
organizations of public officials, and with representatives of consumer
groups. For purposes of such consultation, the Secretary shall, to the
extent practicable, make use of the National Institute of Building
Sciences. The Secretary may also establish one or more advisory
committees as may be appropriate. Any advisory committee or committees
established pursuant to this section shall be subject to the provisions
of the Federal Advisory Committee Act. // 5 USC app. 1. //
SUPPORT ACTIVITIES
Sec. 310. The Secretary, in cooperation with the Administrator, the
Secretary of Commerce utilizing the services of the Director of the
National Bureau of Standards, and the heads of other appropriate Federal
agencies, and the National Institute of Building Sciences, shall carry
out any activities which the Secretary determines may be necessary or
appropriate to assist in the development of performance standards under
section 304(a) and to facilitate the implementation of such standards by
State and local governments. Such activities shall be designed to
assure that such standards are adequately analyzed in terms of energy
efficiency, stimulation of use of nondepletable sources of energy,
institutional resources, habitability, economic cost and benefit, and
impact upon affected groups.
MONITORING IF STATE AND LOCAL ADOPTION OF ENERGY CONSERVATION STANDARDS
FOR BUILDINGS
Sec. 311. The Secretary, with the advice and assistance of the
National Institute of Building Sciences, shall--,
(1) monitor the progress made by the States and their political
subdivisions in adopting and enforcing energy conservation
standards for new buildings;
(2) identify any procedural obstacles or technical constraints
inhibiting implementation of such standards;
(3) evaluate the effectiveness of such prevailing standards;
and
(4) within 12 months after the date of enactment of this title,
and semiannually thereafter, report to the Congress on (A) the
progress of the States and units of general purpose local
government in adopting and implementing energy conservation
standards for new buildings, and (B) the effectiveness of such
standards.
-TITLE IV - ENERGY CONSERVATION AND RENEWABLE- RESOURCE ASSISTANCE FOR
EXISTING BUILDINGS
SHORT TITLE
Sec. 401. This title may be cited as the " Energy Conservation in
Existing Buildings Act of 1976".
FINDINGS AND PURPOSE
Sec. 402. (a) The Congress finds that--,
(1) the fastest, most cost-effective, and most environmentally sound
way to prevent future energy shortages in the United States, while
reducing the Nation's dependence on imported energy supplies, is to
encourage and facilitate, through major programs, the implementation of
energy conservation and renewable-resource energy measures with respect
to dwelling units, nonresidential buildings, and industrial plants;
(2) current efforts to encourage and facilitate such measures are
inadequate as a consequence of--,
(A) a lack of adequate and available financing for such
measures, particularly with respect to individual consumers and
owners of small businesses;
(B) a shortage of reliable and impartial information and
advisory services pertaining to practicable energy conservation
measures and renewable-resource energy measures and the cost
savings that are likely if they are implemented in such units,
buildings, and plants; and
(C) the absence of organized programs which, if they existed,
would enable consumers, especially individuals and owners of small
businesses, to undertake such measures easily and with confidence
in their economic value;
(3) major programs of financial incentives and assistance for energy
conservation measures and renewable-resource energy measures in dwelling
units, nonresidential buildings, and industrial plants would--,
(A) significantly reduce the Nation's demand for energy and the
need for petroleum imports;
(B) cushion the adverse impact of the high price of energy
supplies on consumers, particularly elderly and handicapped
low-income persons who cannot afford to make the modifications
necessary to reduce their residential energy use; and
(C) increase, directly and indirectly, job opportunities and
national economic output;
(4) the primary responsibility for the implementation of such major
programs should be lodged with the governments of the States; the
diversity of conditions among the various States and regions of the
Nation is sufficiently great that a wholly federally administered
program would not be as effective as one which is tailored to meet local
requirements and to respond to local opportunities; the State should be
allowed flexibility within which to fashsion such programs, subject to
general Federal guidelines and monitoring sufficient to protect the
financial investments of consumers and the financial interest of the
United States and to insure that the measures undertaken in fact result
in significant energy and cost savings which would probably not
otherwise occur;
(5) to the extent that direct Federal administration is more
economical and efficient, direct Federal financial incentives and
assistance should be extended through existing and proven Federal
programs rather than through new programs that would necessitate new and
separate administrative bureaucracies; and
(6) such programs should be designed and administered to supplement,
and not to supplant or in any other way conflict with, State energy
conservation programs under part C of title III of the Energy Policy and
Conservation Act; the emergency energy conservation program carried out
by community action agencies pursuant to section 222(a) (12) of the
Economic Opportunity Act of 1964; // 42 USC 2809. // and other forms of
assistance and encouragement for energy conservation.
(b) It is, therefore, the purpose of this title to encourage and
facilitate the implementation of energy conservation measures and
renewable-resource energy measures in dwelling units, nonresidential
buildings, and industrial plants, though--,
(1) supplemental State energy conservation plans; and
(2) Federal financial incentives and assistance.
PART A--WEATHERIZATION ASSISTANCE FOR LOW- INCOME PERSONS FINDINGS AND
PURPOSE
Sec. 411. // 42 USC 6861. //
(a) The Congress finds that--,
(1) dwellings owned or occupied by low-income persons
frequently are inadequately insulated;
(2) low-income persons, particularly elderly and handicapped
low-income persons, can least afford to make the modifications
necessary to provide for adequate insulation in such dwellings
and to otherwise reduce residential energy use;
(3) weatherization of such dwellings would lower utility
expenses for such low-income owners or occupants as well as save
thousands of barrels per day of needed fuel; and
(4) States, through community action agencies established under
the Economic Opportunity Act of 1964
// 42 USC 2701 note. //
and units of general purpose local government, should be
encouraged, with Federal financial and technical assistance, to
develop and support coordinated weatherization programs designed
to ameliorate the adverse effects of high energy costs on such
low-income persons, to supplement other Federal programs serving
such persons, and to conserve energy.
(b) It is, therefore, the purpose of this part to develop and
implement a supplementary weatherization assistance program to assist in
achieving a prescribed level of insulation in the dwellings of
low-income persons, particularly elderly and handicapped low-income
persons, in order both to aid those persons least able to afford higher
utility costs and to conserve needed energy.
DEFINITIONS
Sec. 412. As used in this part:
(1) The term " Administrator" means the Administrator of the Federal
Energy Administration; except that after such Administration ceases to
exist, such term means any officer of the United States designated by
the President for purposes of this part.
(2) The term " Director" means the Director of the Community Services
Administration.
(3) The term "elderly" means any incividual who is 60 years or age or
older.
(4) The term " Governor" meaqns the cheif executive officer of a
State (including the Major of the District of Columbia).
(5) The term "handicapped person" means any individual (A) who is a
handicapped ivdividual as defined in section 7 (6) of the Rehabilitation
Act of 1973, // 29 USC 706. // (B) who is under a disability as defined
in section 1614 (a) (3) (A) or 223(d) (1) of the Social Security Act or
in section 102 (7) of the Developmental Disabilities Services and
Facilities Construction Act, or (C) who is receiving benefits under
chapter 11 or 15 of title 38, United States Code.
(6) The terms "indian", " Indian tribe", and "tribal orfanization"
have the meanings prescribed for such terms by paragraphs (4), (5), and
(6), respectively, of suction 102 of the Older Americans Act of 1965.
// 42 USC 3002. //
(7) The term "low-income" means that income in relation to family
size which (A) is at or below the proverty lever determined in
accordance with criteria established by the Director of the Office of
Management and Budget, or (B) is the basis on which cash assistance
payments have been paid during the preceding 12-month period under
titles IV and XVI of the Social Security Act // 42 USC 601, 1381. // or
applicable State or local law.
(8) The term " State" means each of the States and the District of
Columbia.
(9) The term "weatherization materials" means items primarily
designed to improve the heating or cooling efficiency of a dwelling
unit, including, but not limited to, ceiling, wall, floor, and duct
insulation, storm windows and doors, and caulking and weatherstripping,
but not including mechanical equipment valued in excess of $50 per
dwelling unit.
WEATHERIZATION PROGRAM
Sec. 413. (a) The Administrator shall develop and conduct, in
accordance with the purpose and provisions of this part, a
weatherization program. In developing and conducting such program, the
Administrator may, in accordance with this part and regulations
promulgated under this part, make grants (1) to States, and (2) in
accordance with the provisions of subsection (d), to Indian tribal
organizations to serve Native Americans. Such grants shall be made for
the purpose of providing financial assistance with regard to projects
designed to provide for the weatherization of dwelling units,
particularly those where elderly or handicapped low-income persons
reside, in which the head of the household is a low-income person
(b) (1) The Administrator, after consultation with the Director, the
Secretary of Housing and Urban Development, the Secretary of Health,
Education, and Welfare, the Secretary of Labor, the Director of the
ACTION Agency, and the heads of such other Federal departments and
agencies as the Administrator deems appropriate, shall develop and
publish in the Federal Register for public comment, not later than 60
days after the date of enactment of this part, proposed regulations to
carry out the provisions of this part. The Administrator shall take
into consideration comments submitted regarding such proposed
regulations and shall promulgate and publish final regulations for such
purpose not later than 90 days after the date of such enactment. The
development of regulations under this part shall be fully coordinated
with the Director.
(2) The regulations promulgated pursuant to this section shall
include provisions--,
(A) prescribing, in coordination with the Secretary of Housing
and Urban Development, the Secretary of Health, Education, and
Welfare, and the Director of the National Bureau of Standards in
the Department of Commerce, for use in various climatic,
structural, and human need settings, standards for weatherization
materials, energy conservation techniques, and balanced
combinations thereof, which are designed to achieve a banlance of
a healthful dwelling environment and maximum practicable energy
conservation; and
(B) designed to insure that (i) the benefits of weatherization
assistance in connection with leased dwelling units will accrue
primarily to low-income tenants; (ii) the rents on such dwelling
units will not be raised because of any increase in the value
thereof due solely to weatherization assistance provided under
this part; and (iii) no undue or excessive enhancement will occur
to the value of such dwelling units.
(c) If a State does not, within 90 days after the date on which final
regulations are promulgated under this section, submit an application to
the Administrator which meets the requirements set forth in section 414,
any unit of general purpose local government of sufficient size (as
determined by the Administrator), or a community action agency carrying
out programs under title II of the Economic Opportunity Act of 1964, //
42 USC 2781 et seq. // may, in lieu of such State, submit an
application (meeting such requirements and subject to all other
provisions of this part) for carrying out projects under this part
within the geographical area which is subject to the jurisdiction of
such government or is served by such agency. If any such application
submitted by a unit of general purpose local government proposes that
the allocation requirement and the priority for an applicable community
action agency, as set forth under section 415(b) (2) (B), be determined
to be no longer applicable, the Administrator, as part of the notice and
public hearing procedure carried out under section 418 with respect to
such application, shall be responsible for making the necessary
determination under the proviso in section 415(b) (2) (B). A State may,
in accordance with regulations promulgated under this
submit an amended application.
(d) (1) Notwithstanding any other provision of this part, in any
State in which the Administrator determines (after having taken into
account the amount of funds made availavle to the State to carry out the
purposes of this part) that the low-income members of an Indian tribe
are not receiving benefits under this part that are equivalent to the
assistance provided to other low-income persons in such State under this
part, and if he further determines that the members of such tribe would
be better served by means of a grant made directly to provide such
assistance, he shall reserve from sums that would otherwise be allocated
to such State under this part not less than 100 percent, nor more than
150 percent, of an amount which bears the same ratio to the States's
allocation for the fiscal year involved as the population of all
low-income Indians for whom a determination under this subsection has
been made bears to the population of all low-income persons in such
State.
(2) The sums reserved by the Administrator on the basis of his
determination under this subsection shall be granted to the tribal
organization serving the individuals for whom such a determination has
been made, or, where there is no tribal organization, to such other
entity as he determines has the capacity to provide services pursuant to
this part.
(3) In order for a tribal organization or other entity to be eligible
for a grant for a fiscal year under this subsection, it shall submit to
the Administrator an application meeting the requirements set forth in
section 414.
(e) Notwithstanding any other provision of law, the Administrator may
transfer to the Director sums appropriated under this part to be
utilized in order to carry out programs, under section 222(a) (12) of
the Economic Opportunity Act of 1964, // 42 USC 2809. // which fruther
the purpose of this part.
FINANCIAL ASSISTANCE
Sec. 414. (a) The Administrator shall provide financial assistance,
from sums appropriated for any fiscal year under this part, only upon
annual application. Each such application shall describe the estimated
number and characteristics of the low-income persons and the number of
dwelling units to be assisted and the criteria and methods to be used by
the applicant in providing weatherization assistance to such persons.
The application shall also contain such other information (including
information needed for evaluation purposes) and assurances as may be
required (1) in the regulations promulgated pursuant to section 413 and
(2) to carry out this section. The Administrator shall allocate
financial assistance to each State on the basis of the relative need for
weatherization assistance among low-income persons throughout the
States, talking into account the following factors:
(A) The number of dwelling units to be weatherized.
(B) The climatic conditions in the State respecting energy
conservation, which may include sonsideration of annual degree
days.
(C) The type of weatherization work to be done in the various
settings
(D) Such other factors as the Administrator may determine
necessary in order to carry out the purpose and provisions of this
part
(b) The administrator shall not provide financial assistance under
this part unless the applicant has provided reasonable assurances that
it has--,
(1) established a policy advisory council which (A) has special
qualifications and sensitivity with respect to solving the
problems of low-income persons (including the weatherization and
energyconservation problems of such persons), (B) is broadly
representatative of organizations and agencies which are providing
services to such persons in the State or geographical area in
question, and (C) is responsible for advising the responsible
official or agency administering the allocation of financial
assistance in such State or area with respect to the development
and implementation of such weatherization assistance program;
(2) established priorities to govern the provisions of
weatherization assistance to low-income persons, including methods
to provide priorityto elderly and handicapped low-income persons
and
such priority as the applicant determines is appropriate for
single-family or other high-energy-consuming dwelling units; and
(3) established policies and procedures designed to assure that
financial assistance provided under this part will be used to
supplement, and not to supplant, State or local funds, and, to the
extent practicable, to increase the amounts of such funds that
would be made available in the absence of Federal funds for
carrying out the purpose of this part, inclucing plans and
procedures (A) for securing, to the maximum extent practicable,
the services of volunteers and training participants and public
service employment workers, pursuant to the Comprehensive
Enployment and Training Act of 1973,
// 29 USC 801 note. //
to work under the supervision of qualified supervisors and
foremen, and (B) for complying with the limitations set forth in
section 415.
LIMITATIONS
Sec. 415. (a) Financial assistance provided under this part shall,
to the maximum extent practicable as determined by the Administrator, be
used for the purchase of weatherization materials, except that not to
exceed 10 percent of any grant made under this part may be used for the
administration of weatherization projects under this part.
(b) The Administrator shall insure that financial assistance provided
under this part will--,
(1) be allocated within the State or area in accordance with a
published State or area plan, which is adopted by such State after
notice and public hearing, describing the proposed funding
distributions and recipients;
(2) be allocated, pursuant to such State or area plan, to
community action agencies carrying out prograns under title II of
the Economic Oppoutunity Act of 1964
// 42 USC 2781 et seq. //
or other appropriate and qualified public or nonprofit entities in
such State or area so that--,
(A) funds will be allocated on the basis of the relative need for
weatherization assistance among the low-income persons within such State
or area, taking into account appropriate climatic and energy
conservation factors;
(B) (i) funds to be allocated for carrying out weatherization projects
under this part in the geographical area served by the emergency energy
conservation program carried out by a community action agency under
section 222(a) (12) of the Economic Opportunity Act of 1964
// 42 USC 2809. //
will be allocated to
such agency, and (ii) priority in the allocation of
such
funds
for carrying out such projects under this part will be
given
such a community action agency in so much of the
geographical
area served by it as is not served by the emergency
energy
conservation program it is carrying out: Provided,
That such
allocation requirement and such priority shall no
longer
apply
if the Governor of a State preparing an application
for financial
assistance under this part makes a determination on
the basis of the public hearing required by paragraph
(1) of
this subsection, or if the Administrator makes a
determination,
on the basis of a public hearing pursuant to section
413
(c), that the emergency energy conservation provided
carried
out by such agency has been ineffective in meeting the
purpose
of this part or is clearly not of sufficient size, and
cannot in
timely fashion develop the capacity, to support the
scope of
the project to be carried out in such area with funds
under
this part; and
(C) due consideration will be given to the results of periodic
evaluations of the projects carried out under this part in light of
available information regarding the current and anticipated energy and
weatherization needs of low-income persons within the State; and
(3) be terminated or discontinued during the application period
only in accordance with policies and procedures consistent with
the policies and procedures set forth in section 418.
(c) The cost of the weatherization materials provided with financial
assistance under this part shall not exceed $400 in the case of any
dwelling unit unless the State policy advisory council, established
pursuant to section 414(b) (1), provides for a greater amount with
respect to specific categories of units or materials.
MONITORING, TECHNICAL ASSISTANCE, AND EVALUATION
Sec. 416. The Administrator, in coordination with the Director,
shall monitor and evaluate the operation of projects receiving financial
assistance under this part through methods provided for in section
417(a), through onsite inspections, or through other means, in order to
assure the effective provision of weatherization assistance for the
dwelling units of low-income persons. The Administrator shall also
carry out periodic evaluations of the program authorized by this part
and projects receiving financial assistance under this part. The
Administrator may provide technical assistance to any such project,
directly and through persons ands entities with a demonstrated capacity
in developing and implementing appropriate technology for enhancing the
effectiveness of the provision of weatherization assistance to the
dwelling units of low - income persons, utilizing in any fiscal year not
to exceed 10 percent of the sums appropriated for such year under this
part.
ADMINISTRATIVE PROVISIONS
Sec. 417. (a) The Administrator, in consultation with the Director,
by general or special orders, may require any recipient of financial
assistance under this part to provide, in such form as he may prescribe,
such reports or answers in writing to specific questions, surverys, or
questionnaires as may be necessary to enable the Administrator and the
Director to carry out their functions under this part.
(b) Each person responsible for the administration of a
weatherization assistance project receiving financial assistance under
this part shall keep such records as the Administrator may prescribe in
order to assure an effective financial audit and performance evaluation
of such project.
(c) The Administrator, the Director (with respect to community action
agencies), and the Comptroller General of the United States or any of
their duly authorized representatives, shall have access for the purpose
of audit and examination to any books, documents, papers, information,
and records of any project receiving financial assistance under this
part that are pertinent to the financial assistance received under this
part.
(d) Payments under this part may be made in installments and in
advance, or by way of reimbursement, with necessary adjustments on
account or overpayments or underpayments.
APPROVAL OF APPLICATIONS AND ADMINISTRATION OF STATE PROGRAMS
Sec. 418. (a) The Administrator shall not finally disapprove any
application submitted under this part, or any amendment thereto, without
first affording the State (or unit of general purpose loval government
or connunity action agency under section 413(c), as appropriate) in
question, as well as other interested parties, reasonable notice and an
opportunity for a public hearing. The Administrator may consolidate
into a single hearing the consideration of more than one such
application for a particular fiscal year to carry out projects within a
particular State. Whenever the Administrator, after reasonable notice
and an opportunity for a public hearing, finds that there is a failure
to comply substantially with the provisions of this part of regulations
promulgated under this part, he shall notify the agency or institution
involved and other interested parties that such State (or unit of
general purpose local government or agency, as appropriate) will no
longer be eligible to participate in the program under this part until
the Administrator is satisfied that there is no longer any such failure
to comply.
(b) Reasonable notice under this section shall include a written
notice of intention to act adversely (including a statement of the
reasons therefor) and a reasonable period of time within which to submit
corrective amendments to the application, or to propose corrective
action.
JUDICIAL REVIEW
Sec. 419. (a) If any applicant is dissatisfied with the
Administrator's final action with respect to the application submitted
by it under section 414 or with a final action under section 418, such
applicant may, within 60 days after notice of such action, file with the
Unitedd States court of appeals for the circuit in which the State
involved is located a petition for review of that action. A copy of the
petition shall be forthwith transmitted by the clerk of the court to the
Administrator. The Administrator thereupon shall file in the court the
record of the proceedings on which he based his action, as provided in
section 2112 of thtle 28, United States Code.
(b) The findings of fact by the Administrator, if supported by
substantial evidence, shall be conclusive. The court may, for good
cause shown, remand the case of the Administrator to take further
evidence, and the Administrator may thereipon make new or modified
findings of fact and may modify his previous action. The Administrator
shall certify to the court the record of any such further proceedings.
Such new or modified findings of fact shall likewise be conclusive if
supported by substantial evidence.
(c) The court shall have jurisdiction to affirm the action of the
Administrator or to set it aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme Court of the United
States upon certiorari of certification, as provided in section 1254 of
title 28, United States Code.
Sec. 420. (a) No person in the United States shall, on the ground of
race, color, national origin, or sex, or on the ground of any other
factor specified in any Federal law prohibiting discrimination, be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program, project, or activity
supported in whole or in part with financial assistance under this part.
(b) Whenever the Administrator determines that a recipient of financial
assistance under this part has failed to comply with subsection (a) or
any applicable regulation, he shall notify the recipient thereof in
order to secure compliance. If, within a reasonable period of time
thereafter, such recipient fails to comply, the Administrator shall--,
(1) refer the matter to the Attorney General with a
recommendation
that an appropriate civil action be instituted;
(2) exercise the power and functions provided by title VI of
the Civil Rights Act of 1964 // 42 USC 2000d. // and any other
applicable Federal nondiscrimination law; or
(3) take such other action as may be authorized by law.
ANNUAL REPORT
Sec. 421. The Administrator and (with respect to the operation and
effectiveness of activities carried out through community action
agencies) the Director shall each submit, on or before March 31, 1977,
and annually thereafter through 1979, a report to the Congress and the
President describing the weatherization assistance program carried out
under this part or anh other provision of law, including the results of
the periodic evaluations and monitoring activities required by section
416.
AUTHORIZATION OF APPROPRIATIONS
Sec. 422. There are authorized to be appropriated for purposes of
carrying out the weatherization program under this part, not to exceed
$55,000,000 for the fiscal year ending Septerber 30, 1977, not to exceed
$65,000,000 for the fiscal year ending September 30, 1978, and not to
exceed $80,000,000 for the fiscal year ending September 30, 1979, such
sums to remain available until expended.
PART B--STATE ENERGY CONSERVATION PLANS DEFINITIONS
Sec. 431. Section 366 of the Energy Policy and Conservation Act //
42 USC 6326. // is amended by (1) redesignating paragraphs (1) and (2)
as paragraphs (7) and (8), respectively; and (2) inserting after " As
used in this part--," the following new paragraphs:
"(1) The term 'appliance' means any article, such as a room air
- conditioner, refrigerator - freezer, or dishwasher, which the
Administrator classifies as an appliance for purposes of this
part.
"(2) The term 'building' means any structure which includes
provision for a heating or cooling system, or both, or for a hot
water system.
"(3) The term 'energy audit' means any process with indentifies
and specifies the energy and cost savings which are likely to be
realized through the purchase and installation of particular
energy conservation measures or renewable-resource energy measures
and which--,
"(A) is carried out in accordance with rules of the Administrator; and
"(B) imposes--,
"(i) no direct costs, with respect to individuals who are occupants of
swelling units in any State having a supplemental State energy
conservation plan approved under section 367 and
"(ii) only reasonable costs, as determined by the Administrator, with
respect to any person not described in clause (i).
Rules referred to in subparagraph (A) may include minimum
qualifications for, and provisions with respect to conflicts of
interest of, persons carrying out such energy audits.
"(4) The term 'energy conservation measure' means a measure
which modifies any building or industrial plant, the construction
of which has been completed priot to the date of enactment of the
Energy Conservation and Production Act, if such measure has been
determined by means of an energy audit or by the Administrator, by
rule under section 365(e) (1), to be likely to improve the
efficiency of energy use and to reduce energy costs (as calculated
on the basis of energy costs reasonable protected over time, as
determinee by the Administrator) in an amount sufficient to enable
a person to recover the total cost of purchasing and installing
such measure (without regard to any tax benefit or Federal
financial assistance applicable thereto) within the period of--,
"(A) the useful life of the modification involved, as determined by the
Administrator, or
"(B) 15 years after the purchase and installation of such measure,
whichever is less. Such term does not include (i) the purchase or
installation of any appliance, (ii) any conversion from one fuel
or source of energy to another which is of a type which the
Administrator, by rule, determines is ineligible on the basis that
such type of conversion is inconsistent with national policy with
respect to energy conservation or reduction of imports of fuels,
or (iii) any measure, or type of measure, which the Administrator
determines does not have as its primary purpose an improvement in
efficiency of energy use.
"(5) The term 'industrial plant' means any fixed equipment or
facility which is used in connection with, or as part of, any
process or system for industrial production or output.
"(6) The term 'renewable-resource energy meansure' means a
measure which modifies any building or industrial plant, the
construction of which has been completed priot to the date of
enactment of thie Energy Conservation and Production Act, if such
measure has been determined by means of an energy audit or by the
Administrator, by rule under section 365(e) (1), to--,
"(A) involve changing, in whole or in part, the fuel or source of the
energy used to meet the requirements of such building or plant from a
depletable source of energy to a nondepletable source or energy; and
"(B) be likely to reduce energy costs (as calculated on the basis of
energy costs reasonable projected over time, as determined by the
Administrator) in an amount sufficient to enable a person to recover the
total cost of purchasing and installing such measure (without regard to
any tax benefit or Federal financial assistance applicable thereto)
within the period of--,
"(i) the useful life of the modification involved, as determined by the
Administrator, or
"(ii) 25 years after the purchase and installation of measure,
whichever is less.
Such term does not include the purchase or installation of any
appliance.".
SUPPLEMENTAL STATE ENERGY CONSERVATION PLANS
Sec. 432. (a) Part C of the title 3 of the Energy Policy and
Conservation Act // USC 6321. // is amended by adding at the end
thereof the following hew section:
" SUPPLEMENTAL STATE ENERGY CONSERVATION PLANS
" Sec. 367. (a) (1) The Administrator shall, within 6 months after
the date of enactment of the Energy Conservation and Production Act, //
42 USC 6327. // prescribe guidelines with respect to measures required
to be included in, and guidelines for the development, modification, and
funding of, supplemental State energy conservation plans. Such
giudelines shall include the provisions of one or more model
supplemental State energy conservation plans with respect to the
requirements of this section.
"(2) In prescribing such guidelines, the Administrator shall solicit
and consider the recommendations of, and be available to consult with,
the Governors of the States as to such guidelines. At least 60 days
prior to the date of final publication of such guidelines, the
Administrator shall publish proposed guidelines in the Federal Register
and invite public comments thereon.
"(3) The Administrator shall invite the Governor of each State to
submit to the Administrator a proposed supplemental State energy
conservation plan which meets the tequirements of subsection (b) and any
guidelines applicable thereto.
"(4) The Administrator may prescribe rules applicable to supplememtal
State energy conservation plans under this section pursuant to which--,
"(A) a State may apply for and receive assistance for a
supplemental State energy conservation plan under this section;
and
"(B) such plan under this section may be administered;
as if such plan was a part of the State energy conservation plan program
under section 362. // 42 USC 6322. // Such rules shall not have the
effect of delaying funding of the program under section 362.
"(5) Section 363(b) (2) (A), the last sentence of section 363(b) (2),
section 363(b) (3), and section 363(c) shall apply to the supplemental
State energy conservation plans to the same extent as such provisions
apply to State energy conservation plans.
"(6) The Administrator may grant Federal financial assistance
pursuant to this section for the purpose of assisting any State in the
development of any supplemental State energy conservation plan or in the
implementation of modification of such a plan or part thereof which has
been submitted to and approved by the Administrator pursuant to this
section.
"(b) (1) Each proposed supplemental State energy conservation
plan to be eligible for Federal financial assistance under this
section shall include--,
"(A) procedures for carrying out a continuing purblic education effort
to increase significantly public awareness of--,
"(i) the energy and cost savings which are likely to result from the
implementation (incuding implementation through group efforts) or energy
conservation measures and renewable-resource energy measures; and
"(ii) information and other assistance (including information as to
available technical assistance) which is or may be available with
respect to the planning, financing, installing, and with respect to
monitoring the effectiveness of measures likely to conserve, or improve
efficiency in the use of, energy, including energy conservation measures
and renewable-resource energy measures;
"(B) procedures for insuring that effective coordination exists among
various local, State, and Federal energy conservation programs within
and affecting such State, including any energy extension service program
administered by the Energy Research and Development Administration;
"(C) procedures for encouraging and for carrying out energy audits with
respect to buildings and industrial plants within such State; and
"(D) any procedures, programs, or other actions required by the
Administrator pursuant to paragraph (2).
"(2) The Administrator may promulgate guidelines under this
section to provide that, in order to be eligible for Federal
assistance under this section, a supplemental State energy
conservation plan shall include, in addition to the requirements
of paragraph (1) of this subsection, one or more of the following:
"(A) the formation of, and appointment of qualified individuals to be
members of, a State energy conservation advisory committee. Such a
committee shall
have continuing authority to advise and assist such
State and its political subdivisions, with respect to
matters relating to energy conservation in such State,
including the carrying out of such State's energy
conservation plan, the development and formulation of
any improvements or amendments to such plan, and the
development and formulation of procedures which meet
the
requirements of subparagraphs (A), (B), and (C) of
subsection (b) (1). The applicable
guidelines
shall be designed to assure that each such committee
carefully
considers the views of the various energy-consuming
sectors
within the State and of public and private groups
concerned with
energy conservation;
"(B) an adequate program whtjin such State for the purpose of
preventing any unfair or deciptive acts of practices affecting commerce
which relate to the im plementation of energy conservation measures and
renewable - resource energy measures;
"(C) procedures for the periodic verification (by use of sampling or
other techniques), at reasonable times, and under reasonable conditions,
by qualified officials designated by such State of the purchase and
installation and actual cost of energy conservation measures and
renewable - resource energy measures for which financial assistance was
obtained under section 509 of the Housing and Urban Development Act of
1970, or section 451 of the Energy Conservation and Production Act; and
"(D) assistance for individuals and other persons to undertake
cooperative action to implement energy conservation measures and
renewable-resource energy measures.
"(c) There are authorized to be appropriated for supplemental
State energy conservation plans which are approved under this
section $25,000,000 for fiscal year 1977, $40,000,000 for fiscal
year 1978, and $40,000,000 for fiscal year 1979.".
(b) Section 363(b) (2) of the Energy Policy and Conservation Act
// 42 USC 6323. //
is amended by adding at the end thereof the following:
" No such plan shall be disapproved without notice and
an opportunity
to present views.".
(c) Section 363(c) of the Energy Policy and Conservation Act is amended
by (1) striking out "project or program" and "projects or programs" in
the first sectence and inserting in lieu thereof "plan, program,
projects, measures, or systems" in each case; and (2) striking
out "examination" in the second sectence and inserting
in lieu thereof "examination, at reasonable times and
under reasonable conditions.".
(d) Section 365 of the Energy Policy and Conservation Act
// 42 USC 6325. //
is
amended--,
(1) by redesignating subsection (d) as subsection (f);
(2) by adding immediately after subsection (c) the follownig two new
subsections:
"(d) The Federal Trade Connission shall (1) cooperate with and
assist State agencies which have primary responsibilities for the
protection of consumers in activities aimined at preventing unfair
and deceptive acts or practices affecting commerce which relate to
the implementation of measures likely to conserve, or improve
efficiency in the use of, energy including energy conservation
measures and renewable-resource energy measures, and (2) undertake
its own program, pursuant to the Federal Trade Connission Act,
// 15 USC 58. //
to prevent unfair or deceptive acts or practices affecting
commerce which relate to the implementation of any such measures.
"(e) Within 90 days after the date of enactment of this
subsection, the Administrator shall--,
"(1) develop, by rule after consultation with the Secretary of Housing
and Urban Development, and publish a list of energy conservation
measures and renewable-resource energy measures which are eligible (on a
national or regional basis) for financial assistance pursuant to section
509 of the Housing and Urban Development Act of 1970 or section 451 of
the Energy Conservation and Production Act;
"(2) designate, by rule, the types of, and requirements for, energy
audits,". and
(3) in subsection (f), as redesignated by paragraph (1), by inserting
"(other than section 367)" after part".
PART C--NATIONAL Energy Conservation AND RENEWABLE- RESOURCE
DEMONSTRATION PROGRAM FOR EXISTING DWELLING UNITS
ENERGY CONSERVATION AND RENEWABLE-RESOURCE DEMONSTRATION
Sec. 441. Title V of the Housing and Urban Development Act of 1970
// USC 1701z - 1 et seq. // is amended by adding the following new
section at the end thereof:
" ENERGY CONSERVATION AND RENEWABLE- RESOURCE DEMONSTRATION
" Sec. 509. (a) The Secretary shall undertake a national
demonstration program designed to test the feasibility and effectiveness
of various forms of financial assistance for encouraging the
installation or implementation of approved energy conservation measures
and approved renewable-resource energy measures in existing dwelling
units. The Secretary shall carry out such demonstration program with a
view toward recommending a national program or programs designed to
reduce significantly the consumption of energy in existing dwelling
units.
"(b) The Secretary is authorized to make financial assistance
available pursuant to this section in the form of grants,
low-interest-rate loans, interest subsidies, loan guarantees, and such
other forms of assistance as the Secretary deems appropriate to carry
out the purposes of this section. Assistance may be made available to
both owners of dwelling units and tenants occupying such units.
"(c) In carrying out the demonstration program required by this
section, the Secretary shall--,
"(1) provide assistance in a wide variety of geographic areas
to reflect differences in climate, types of dwelling units, and
income levels of recipients in order to provide a national profile
for use in designing a program which is to be operational and
effective nationwide;
"(2) evaluate the appropriateness of various financial
incentives for different income levels of owners and occupants of
existing dwelling units;
"(3) take into account and evaluate any other financial
assistance which may be available for the installation or
implementation of energy conservation and reneweable-resource
energy measures;
"(4) make use of such State and local instrumentalities or
other public or private entitles as may be appropriate in carrying
out the purposes of this section in coordination with the
provisions of part C of title III of the Energy Policy and
Conservation Act;
// 42 USC 6321. //
"(5) consider, with respect to various forms of assistance and
procedures for their application, (A) the extent to which energy
conservation measures and renewable-resource energy measures are
encouraged which would otherwise not have been undertaken. (B)
the minumum amount of Federal subsidy necessary to achieve the
objectives of a national program, (C) the costs of administering
the assistance, (D) the extent to which the assistance may be
encumbered by delays, redtape, and uncertainty as to its
availability with respect to any particular applicant, (E) the
factors which may prevent the assistance from being available in
certain areas of for certain classes of persons, and (F) the
extent to which fraudulent practices can be prevented; and
"(6) consult with the Administrator and the heads of such other
Federal agencies as may be appropriate.
"(d) (1) The amount of any grant made pursuant to this section shall
not exceed the lesser of--,
"(A) with respect to an approved energy conservation measure,
(i) $400, of (ii) 20 per centum of the cost of installing or
otherwise implementing such measure; and
"(B) with respect to an approved renewable - resource energy
measure, (i) $2,000, or (ii) 25 per centum of the cost if
installing or otherwise implementing such measure.
The Secretary may by rule, increase such percentages and amounts in the
case of an applicant whose annual gross family income for the preceding
taxable year is less than the mediam family income for the housing
mardet area in which the dwelling unit which is to be modified by such
measure is licated, as determined by the Secretary. The Secretary may
also modify the limitations specified in this paragraph if necessary in
order to achieve the purposes of this section.
"(2) No person shall be eligible for both financial assistance
under this section and a credit against income tax for the same
energy conservation measure or renewable-resource energy measure.
"(e) The Secretary may condition the availabilty of financial
assistance with respect to the installation and implementation of any
renewable-resourc energy meansure on such measure's meeting performance
standards for reliability and efficiency and such certification
procedures as the Secretary may, in consultation with the Administrator
and other appropriate Federal agencies, prescribe for the purpose of
protecting consumers.
"(f) In carrying out the demonstration program required by this
section, the Secretary is authorized to delegate responsibilities to, or
to contract with, other Federal agencies or with such State or local
instrumentalities or other public or private bodies as the Secretary may
deem desirable. Such demonstration program shall be coordinated, to the
extent practicable, with the State energy conservation plans as
described in, and implemented pursuant to, part C of thtle III of the
Energy Policy and Conservation Act. // 42 USC 6321. //
"(g) The Secretary shall submit an interim report to the Congress not
later than 6 months after the date of enactment of this section (and
every 6 months thereafter until the final report is made under this
subsection) indicating the progress made in carrying out the
demonstration program required by this section and shall submit a final
report to the Congress, containing findings and legislative
recommendations, not later tha 2 years after the date of enactment of
this section. As part of each report made under this subsection, the
Secretary shall include as evaluation, based on the criteria described
in subsection (h), of each demonstration project consucted under this
section.
"(h) Prior to undertaking any demonstration project under this
section, the Secretary shall specify and report to the Congress the
criteria by which the Secretary will evaluate the effectiveness of the
project and the results to be sought.
"(i) As used in this section:
"(1) The term ' Administrator' means the Administrator of the
Federal Energy Administration; except that after such
Administration ceases to exist, such term means any officer of the
United States designated by the President for purposes of this
section.
"(2) The term 'approved' with respect to an energy conservation
measure or a renewable-resource energy measure, means any such
measure which is included on a list of such measures which is
published by the Administrator of the Federal Energy
Administration pursuant to section 365(e) (1) of the Energy Policy
and Conservation Act. The Administrator may by rule, require that
an energy audit be conducted as a condition of obtaining
assistance under this section for a renewable - resource energy
measure.
"(3) The terms 'energy audit', 'energy conservation measure',
and 'renewable-resource energy measure' have the meanings
prescribed for such terms in section 366 of the Energy Policy and
Conservation Act.
"(j) There is authorized to be appropriated, for purposes of this
section, not to exceed $200,000,000. Any amount appropriated pursuant
to this subsection shall remain available until expended.".
PART D--ENERGY CONSERVATION AND RENEWABLE- RESOURCE OBLIGATION
GUARANTEES
PROGRAM
Sec. 451. (a) (1) The Administrator may, in accordance with this
section and such rules as he shall prescribe after consultation with the
Secretary of the Treasury, guarantee and issue commitments to guarantee
the payment of the outstanding principal amount of any loan, note, bond,
or other obligation evidencing indebtedness, if--,
(A) such obligation is entered into or issued by any person or
by any State, political subdivision of a State, or agency and
instrumentality of either a State or political subdivision
thereof; and
(B) the purpose of entering into or issuing such obligation is
the financing or any energy conservation measure or
renewable-resource energy measure which os to be installed or
otherwise implemented in any building or industrial plant owned or
operated by the person or State, political subdivision of a State,
or aqgency or istrumentality of either a State or political s
subdivision thereof, (i) which enters into or issues such
obligation, or (ii) to which such measure is leased.
(2) No guarantee or commitment to guarantee may be issued under this
subsection with respect to any obligation--,
(A) which is a general obligation of a State; or
(B) which is entered into or issued for the purposes of
financing any energy conservation measures or renewable -
resources energy measure which is to be installed or otherwise
implemented in a residential building containing 2 or fewer
dwelling units.
(3) Before prescribing rules pursuant to this subsection, the
Administrator shall consult with the Administrator of the Small Business
Administration in order to formulate procedures which would assist small
business concerns in obtaining guarantees and commitment to guarantee
under this section.
(b) No obligation may be guaranteed, and no commitment to guarantee
an obligation may be issued, under subsection (a), unless the
Administrator finds that the measure which is to be financed by such
obligation--,
(1) has been identified by an energy audit to be an energy
conservation measure or a reneawable-resource energy measure; or
(2) is included on a list of energy conservation measures and
renewable-resource energy measures which the Administrator
publishes under section 365(e) (1) of the Energy Policy and
Conservation Act.
Before issuing a guarantee under subsection (a), the Administrator may
require that an energy audit be conducted with respect to an energy
conservation measure or a renewable-resource energy measure which is on
a list described in paragraph (2) and which is to be financed by the
obligation to be guaranteed under this section. The amount of any
obligation which may be guaranteed under subsection (a) may include the
cost of an energy audit.
(c) (1) The Administrator shall limit the availability of a guarantee
otherwise authorized by subsection (a) to obligations entered into by or
issued by borrowers who can demonstrate that financing is not otherwise
available on reasonable terms and conditions to allow the measure to be
financed.
(2) No obligation may be guaranteed by the Administrator under
subsection (a) unless the Administrator finds--,
(A) there is a reasonable prospect for the repayment of such
obligation; and
(B) in the case of an obligation issued by a person, such
obligation constitutes a general obligation of such person for
such guarantee.
(3) The term of any guarnatee issued under subsection (a) may not
exceed 25 years.
(4) The agregate outstanding principal amount which may be guaranteed
under subsection (a) at any one time with respect to obligations entered
into or issued by any borrower may not exceed $5,000,000.
(d) The original principal amount guaranteed under subsection (a) may
not exceed 90 percent of the cost of the energy conservation measure or
the renewable - resource energy measure financed by the obligation
huaranteed under such subsection; except that such amount may not
exceed 25 percent of the fair market value of the building or industrial
plant being modified by such energy conservation measure or
renewable-resource energy measure. No guarantee issued, and no
commitment to guarantee, which is issued under subsection (a) shall be
terminated, canceled, or otherwise revoked except in accordance with
reasonable terms and conditions prescribed by the Administrator, after
consultation with the Secretary of the Treasury and the Comptroller
General, and contained in the wrttten guarantee or commitment to
guarantee. The full faith and credit of the United States is pledged to
the payment of all guarantees made under subsection (a). Any such
guarantee made by the Administrator shall be conclusive evidence of the
eligibility of the obligation involved for such guarantee, and the
validity of any guarantee so made shall be incontestable in the hands of
a holder of the guaranteed obligation except for fraud or material
misrepresentation on the part of such holder.
(e) (1) No guarantee and no commitment to guarantee may be issued
under subsection (a) unless the Administrator obtains any information
reasonably requested and such assurances as are in his judgment (after
consultation with the Secretary of the Treasury and the Comptroller
General) reasonable to protect the interests of the United States and to
assure that such guarantee or commitment to guarantee is consistent with
and will further the purpose of this title. The Administrator shall
require that records be kept and made available to the Administrator of
the Comptroller General, or any of their duly authorized
representatives, in such detail and form as are determined necessary to
facilitate (A) an effective financial audit of the energy conservation
measure or renewable - resource energy measure investment involved, and
(B) an adequate evaluation of the effectiveness of this section. The
Administrator and the Comptroller General, or any of their duly
authorized representatives, shall have access to pertinent books,
documents, papers, and records of any recipient of Federal assistance
under this section.
(2) The Administrator may collect a fee from any borrower with
respect to whise obligation a guarantee or commitment to guarantee is
issued under subsection (a); except that the Administrator may waive
any such fee with reapect to any such borrower or class of borrowers.
Fees shall be designed to recover the estimated administrative expenses
incurred under this part; except that the total of the fees charged any
such borrower may not exceed (A) one percent of the amount of the
guarantee, or (B) one-half of the amount of the commitment to guarantee,
whichever is greater. Any amount collected under this paragraph shall
be deposited in the miscellaneous receipts of the Treasury.
(f) (1) If there is a default by the obligor in any payment of
principal due under an obligation guaranteed under subsection (a), and
if such default continues for 30 days, the holder of such obligation or
his agent had the right to demand payment by the Administrator of the
unpaid principal of such obligation, consistent with the terms of the
guarantee of such obligation. Such payment may be demanded within such
period as may be specified in the guarantee or related agreements, which
period shall expire not later than 90 days from the date of such
default. If demand occurs within such specified period, then not later
than 60 days from the date of such demand, the Administrator shall pay
to such holder the unpaid principao of such obligation consistent with
the terms of the guarantee of such obligation; except that (A) the
Administrator shall not be required to make any such payment if he
finds, prior to the expiration of the 60-day period beginning on the
date on which the demand is made, that there was no default by the
obligor in the payment of principal or that such default has been
remedied, and (B) no such holder shall receive payment or be entitled to
retain payment in a totla amount which together with any other recovery
(including any recovery based upon any security interest) exceeds the
actual loss of principal by such holder.
(2) If the Administrator makes payment to a holder under paragraph
(1), the Administrator shall thereupon--,
(A) have all of the rights granted to him by law or agreement
with the obligor; and
(B) be subrogated to all of the rights which were granted such
holder, by law, assignment, or security agreement applicable to
the guaranteed obligation.
(3) The Administrator may, in his discretion, take possession of,
complete, recondition, reconstruct, renovate, repair, maintain, operate,
remove, charter, rent, sell, or otherwise dispose of any property or
other interests obtained by him pursuant to this subsection. The terms
of any such sale or other disposition shall be as approved by the
Administrator.
(4) If there is a default by the obligor in any payment due under an
obligation guaranteed under subsection (a), the Administrator shall take
such action against such obligor or any other person as is, in his
discretion, necessary or appropriate to protect the interests of the
United States. Such an action may be brought in the name of the United
States or in the name of the holder of such obligation. Such holder
shall make available to the Administrator all records and evidence
necessary to prosecute any such suit. The Administrator may, in his
discretion, accept a conveyance of property in full or partial
satisfaction of any sums owned to him. If the Administrator receives.
through the sale of property, an amount greater than his cost and the
amount paid to the holder under paragraph (1), he shall pay such excess
to the obligor.
(g) (1) The aggregate outstanding principal amount of obligations
which may be guaranteed under this section may not at any one time
exceed $2,000,000,000. No guarantee or commitment to guarantee may be
issued under subsection (a) after September 30, 1979.
(2) There is authorized to be appropriated for the payment of amounts
to be paid under subsection (f), not to exceed $60,000,000. Any amount
appropriated pursuant to this paragraph shall remain available until
expended.
(h) All laborers and mechanics employed in construction, alteration,
or repair which is financed by an obligation guaranteed under subsection
(a) shall be paid wages at rates not less than those prevailing on
similar construction in the locality, as determined by the Secretary of
Labor in accordance with the Davis-Vacon Act. // 40 USC 276a note. //
The Administrator shall not guarnatee any obligations under subsection
(a) without first obtaining adequate assurance that these labor
standards will be maintained during such construction, alteration, or
repair. The Secretary of Labor shall, with respect to the labor
standards in this subsection, have the authority and functions set forth
in Reorganization Plan Numbered 14 of 1950 and section 276c of title 40,
United States Code.
(2) As used in this part:
(1) The term " Administrator" means the Administrator of the
Federal Energy Administration; except that after such
Administation ceases to exist, such term means any officer of the
United States designated by the President for purposes of this
part.
(2) The term " Comptroller General" means the Comptroller
General of the United States.
(3) The terms "energy audit", "energy conservation measure",
renewable-resource energy measure", "building", and "industrial
plant" have the meanings prescribed for such terms in section 366
of the Federal Energy Policy and Conservation Act.
PART E-MISCELLANEOUS PROVISIONS EXCHANGE OF INFORMATION
Sec. 461. The Administrator shall (through conferences,
publications, and other appropriate means) encourage and facilitate the
exchange of information among the States with respect to energy
conservation and increased use of nondepletable energy sources.
REPORT BY THE COMPTROLLER GENREAL
Sec. 462. (a) For each fiscal year ending before October 1, 1979,
the Comptroller General shall report to the Congress on the activities
of the Administrator and the Secretary under this title and any
amendments to other statutes made by this title. The provisions of
section 12 of the Federal Energy Administration Act of 1974 // 15 USC
771. // (relating to access by the Conptroller General to books,
documents, papers, statistics, data, records, and information in the
possession of the Administrator or of recipients of Federal funds) shall
apply to data which relate to such activities.
(b) Each report submitted by the Comptroller General under subsection
(a) shall include--,
(1) an accounting, by State, or expenditures of Federal funds
under each program authorized by this title or by amendments made
by this title;
(2) an estimate of the energy savings which have resulted
thereby;
(3) a thorough evaluation of the effectiveness of the programs
authorized by this title or by amendments made by this title in
achieving the energy conservation or renewable resource potential
available in the sectors and regions affected by such programs;
(4) a review of the extent and effedtiveness of compliance
monitoring of programs established by this title or by amendments
made by this title and any evidence as to the occurrence of fraud
with respect to such programs; and
(5) the recommendations of the Conptroller General with respect
to (A) improvements in the administration of programs authorized
by this title or by amendments made by this title, and (B)
additional legislation, if any, which is needed to achieve the
purpose of this title.
(c) As used in this part:
(1) The term " Administrator" means the Administrator of the
Federal Energy Administration; except that after such
Administration ceases to exist, such term means any officer of the
United States designated by the President for purposes of this
part.
(2) The term " Comptroller General" means the Comptroller
General of the United States.
(3) The term " Secretary" means the Secretary of Housing and
Urban Development.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 1113 (Comm. on Interstate and Foreign
Commerce) and No. 94 - 1392 (Comm. of Conference).
SENATE REPORTS: No. 94 - 874 accompanying S. 2872 (Comm. on
Government Operations) and No. 94 - 1119 (Comm. of Conference).
CONGRESSIONAL RECORD, Vo. 122 (1976):
May 27, June 1, considered and passed House.
June 16, considered and passed Senate, amended, in lieu of S.
2872.
Aug. 5, Senate agreed to conference report.
Aug. 10, House agreed to conference report.
Public Law 94-384, 90 STAT, 1123
94th Congress, S. 1526
August 138 1976
AN ACT
To make additional funds available for purposes of certain public lands
in northern Minnesota, 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 6 of the
Act of June 22, 1948 (62 Stat. 568, as amended; 16 U.S.C. 577), is
amended to read as follows:
Sec. 6. (a) There are authorized to be appropriated annually such
sums as are necessary to implement this Act: Provided, That the total
appropriations under the authority of this Act shall not exceed
$9,000,000 for the purchase and condemnation of lands, water, or
interests herein, and that funds made available through the provisions
of the Land and Water Conservation Fund Act (78 Stat. 897), as amended,
// 16 USC 4601-4 note. // may also be used for such acquisitions:
Provided further, That such appropriations may be used for the payment
of court judgements in condemnation actions brought under authority of
this Act without regard to the date such actions were initially
instituted.
"(b) Not later than March 1 of each year 1977 through 1980, the
Secretary of Agriculture shall submit to the Congress a report
concerning the acquisition of lands or interests in lands under this
Act. The final report of the Secretary shall specify whether additional
authorizations or appropriations are necessary to carry out the purposes
of this Act.".
LEGISLATIVE HISTORY:
House REPORT No. 94 - 1171 accompanying H.R. 10546 (Comm. on
Agriculture).
SENATE REPORTS: No. 94 - 681 (Comm. on Agruculture and Forestry) and
No. 94 -759 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD Vo. 122 (1976):
Apr. 27, considered and passed Senate.
Aug. 2, considered and passed House, in lieu of H.R. 10546.
PUBLIC LAW 94-383, 90 STAT, 1122
94th Congress, H.R. 5360
August 12, 1976
AN ACT
To increase benefits provided to American cvivillan
internees in Southeast Asia.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 5(i) (3) of
the War Claims Act of 1948 (50 App. U.S.C. 2004(i) (3)) is amended by
striking out "$60" and inserting in lieu thereof "$150".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 484 (Comm. on Interstate and Foreign Commerce).
SENATE REPORT On. 94 - 820 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 121 (1975): Oct. 6, considered and passed House.
Vol. 122 (1976): July 30, considered and passed Senate.
PUBLIC LAW 94-382, 90 STAT, 1121
94th Congress, S. 3589
August 12, 1976
An Act
To designate the Federal office building located in Manchester, New
Hampshire, as the " Norris Cotton Building".
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Federal office
building in Manchester, New Hampshire, is designated as the " Norris
Cotton Building", in honor of Senator Norris Cotton.
Sec. 2. Any reference to such building in any law, rule, document,
map, or other record of the United States is deemed to be a reference to
such building by the name designated for such building by the first
section of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1332 accompanying H.R. 14545 (Comm. on Public
Works and Transportation).
SENATE RECORD No. 94 - 984 (Comm. on Public Works).
CONGRESSIONAL RECORD, Vol. 122 (1976):
June 25, considered and passed Senate.
Aug. 2, considered and passed House, in lieu of H.R. 14545.
PUBLIC LAW 94-381, 90 STAT, 1119
94th Congress, S. 537
August 12, 1976
AN ACT
To improve judicial machinery by amending the requirement for a
three-judge court in certain cases 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 2281 of
title 28, United States Code, is repealed.
Sec. 3. That section 2282 of title 28, United States Code, is
repealed.
Sec. 3. That section 2284 of title 28, United States Code, is
amended to read as follows: "2284. Three-judge court; when required;
composition; procedure
"(a) A district court of three judges shall be convened when
other-wise required by Act of Congress, or when an action is filed
challenging the constitutionality of the apportionment of congressional
districts or the apportionment of any statewide legislative body.
"(b) In any action required to be heard and determined by a districts
court of three judges under subsection (a) of this section, the
composition and procedure of the court shall be as follows:
"(1) Upon the filing of a request for three judges, the judge to whom
the request is presented sha 1, unless he determines that three judges
are not required, immediately notify the chief judge of the circuit, who
shall designate two other judges, at least one of whom shall be a
circuit judge. The judges so designated, and the judge to whom the
request was presented, shall serve as members of the court to hear and
determine the action or proceeding.
"(2) If the action is against a State, or officer or agency thereof,
at least five days' notice of hearing of the action shall be given by
registered or certified mail to the Governor and attorney general of the
State. The hearing shall be given precedence and held at the earliest
practicable day.
"(3) A single judge may conduct all proceedings except the trial, and
enter all orders permitted by the rules of civil procedure except as
provided in this subsection. He may grant a temporary restraining order
on a specific finding, based on evidence submitted, that specified
irreparable damage will result if the order is not granted, which order,
unless previously revoked by the district judge, shall remain in force
only until the hearing and determination by the district court of three
judges of an application for a preliminary or permanent injunction or
motion to vacate such an injunction, or enter judgment on the merits.
Act action of a single judge may be reviewed by the full court at any
time before final judgment.".
Sec. 4. The analysis of chapter 155 of title 28, United States Code,
is amended to read as follows: " Sec. "2281. Repealed. "2282.
Repealed. "2283. Stay of State court proceedings. "2284. Three-judge
district court; when required; composition; procedure.".
Sec. 5. (a) Secion 2403 of title 28, United States Code is
amended--,
(1) by inserting the subsection "(a)" immediately before " In"
and
(2) by adding at the end thereof the following new
subsection:
"(b) In any action, suit, or proceeding in a court of the Unites
States to which a State or any agency, officer, or employee thereof is
not a party, wherein the constitutionallity of any statute of that State
affecting the public interest is drawn in question, the court shall
certify such fact to the attorney general of the State, and shall permit
the State to intervene for presentation of evidence, if evidence is
otherwise admissible in the case, and for argument on the question of
constitutionality. The State shall, subject to the applicable
provisions of law, have all the rights of a party and be subject to all
liabilities of a party as to court costs to the extent necessary for a
proper presentation of the facts and law relating to the question of
constitutionality.".
(b) The catchline to section 2403 of title 28, United States Code, is
amended to read as follows: " Sec. 2403. Intervention by United States
or a State; constitutional
question".
Sec. 6. Item 2403 of the analysis of chapter 161, of title 28,
United States Code, is amended to read as follows: "2403. Intervention
by United States or a State; constitutional question.".
Sec. 7. // 28 USC 2284 note. // This Act shall not apply to any
action commenced on or before the date of enactment.
Approved August 12, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1379 accompanying H.R. 6150 (Comm. on
the Judiciary).
SENATE REPORT No. 94 - 204 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
vol. 121 (1975): June 20, considered and passed Sentae.
Vol. 122 (1976): Aug. 2, considered and passed House,
in lieu
of H.R. 6150.
PUBLIC LAW 94-380, 90 STAT, 1113
94th Congress, S. 3735
August 12, 1976
AN ACT
To amend the Public Hialth Service Act to authorize the estabilshmetn
and implementation of an emergecy national swine flu immunization
program and to provide an exclusive remedy for personal injury or death
arising out of the manufacture, distribution, or administration of the
swine flu vaccine
under such program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 42 USC 201 note. //
That this Act may be cited as the " National Swine Flu Immunization
Program of 1976".
Sec. 2. Section 317 of the Public Health Service Act (42 U.S.C.
247b) is amended by inserting after subsection (i) the following new
subsections:
"(j) (1) The Secretary is authorized to establish, conduct, and
support (by grant or contract) needed activities to carry out a national
swine flu immunization program until August 1, 1977 (hereinafter in this
section referred to as the 'swine flu program'). The swine flu program
shall be limited to the follwing:
"(A) The development of a safe and effective swine flu vaccine.
"(B) The preparation and procurement of such vaccine in
sufficient quantities for the immunization of the population of
the States.
"(C) The making of grants to State health authorities to assist
in meeting their costs in conducting or supporting, or both,
programs to administer such vaccine to their populations, and the
furnishing to State health authorities of sufficient quantities of
such swine flu vaccine for such programs.
"(D) The furnishing to Federal health authorities of
appropriate quantities of such vaccine.
"(E) The conduct and support of training of personnel for
immunization activities described in subparagraphs (C) and (D) of
this paragraph and the conduct and support of research on the
nature, cause, and effect of the influenza against which the swine
flu vaccine is designed to immunize, the nature and effect of such
vaccine, immunization against and treatment of such influenza, and
the cost and effectiveness of immunization programs against such
influenza.
"(F) The development, in consultaition with the National
Commission for the Protection of Human Subjects of Biomedical and
Behavioral Research, and implementation of a written informend
consent form and procedures for assuring that the risks and
benefits from the swiine flu vaccine are fully explained to each
individual to whom such vaccine is to be administered. Such
consultation shall be completed within two weeks afer enactment of
this Act, or by September 1, 1976, whichever is sooner. Such
procedures shall include the information necessary to advice
individuals with respect to their rights and remedies arising out
of the administration of such vaccine.
"(G) Such other activities as are necessary to implement the
swine flu program.
"(2) The Secretary shall submit quarterly reports to the Congress on
the administration of the swine flu program. Each such report shall
provide information on--,
"(A) the current supply of the swine flu vaccine to be used in
the program;
"(B) the number of persons inoculated with such vaccine since
the last report was made under this paragraph and the immune
status of the population;
"(C) the amount of funds expended for the swine flu program by
the United States, each State, and any other entity participating
in the program and the costs of costs of each such participant
which are associated with the program, during the period with
respect to which the report is made; and
"(D) the epidemiology of influenza in the United States during
such period.
"(3) Any contract for procurement by the United States of swine flu
vaccine from a manufacturer of such vaccine shall (notwithstanding any
other provision of law) be subject to renegotiation to eliminate any
profit realized from such procurement (except that with respect to
vaccine against the strain of influenza virus known as influenza A/
Victoria/75 profit shall be allowed but limited to an amount not
exceeding a reasonable profit), as determined pursuant to criteria
prescribed by the Secretary, and the contract shall expressly so
provide. Such criteria shall specify that any insurance preminum amount
which is included in the price of such procurement contract and which is
refunded to the manufacturer under any retrospective, experience-rating
plan or similar rating plan shall in turn be refunded to the United
States.
"(4) No funds are authorized to be appropriated to carry out the
activities of the swine flu program authorized in subparagraphs (A),
(B), (D), (E), and (F) of paragraph (1) of this subsection in addition
to the funds appropriated by Public Law 94 - 266.
"(k) (1) (A) The Congress finds that--,
"(i) in order to achieve the participation in the program of
the agencies, organizations, and individuals who will manufacture,
distribute, and administer the swine flu vaccine pruchased and
used in the swine flu program and to assure the availability of
such vaccine in interstate commerce, it is necessary to protect
such agencies, organizations, and individuals against liability
for other than their own negligence to persons alleging personal
injury or death arising out of the administration of such vaccine;
"(ii) to provide such protection and to establish an orderly
procedure for the prompt and equitable handling of claims by
persons alleging such injury or death, it is necessary that an
exclusive remedy for such claimants be provided against the United
States because of its unique role in the initiation, planning, and
administration of the swine flu program; and
"(iii) in order to be prepared to meet the potential emergency
of a swine flu epidemic, it is necessary that a procedure be
instituted for the handling of claims by persons alleging such
injury or death until Congress develops a permanent approach for
handling claims arising under programs of the Public Health
Service Act. // 42 USC 201 note. //
"(B) To--,
"(i) assure an orderly procedure for the prompt and equitable
handling of any claim for personal injury or death arising out of
the administration of such vaccine; and
"(ii) achieve the participation in the swine flu program of (I)
the manufacturers and distributors of the swine flu vaccine, (II)
public and private agencies or organizations that provide
inoculations without charge for such vaccine or its administration
and in compliance with the informed consent form and procedures
requirements prescribed pursuant to subparagraph (F) of paragraph
(1) of thsi subsection, and (III) medical and other health
personnel who provide or assist in providing inoculations without
charge for such vaccine or its administration and in compliance
with such informed consent form and procedures requirements,
it is the purpose of this subsection to establish a procedure under
which all such claims will be asserted directly against the United
States under section 1346(b) of title 28, United States Code, and
chapter 171 of such title // 28 USC 2671 et seq. // (relating to tort
claims procedure) except as otherwise specifically provided in this
subsection.
"(2) (A) The United States shall be liable with respect to claims
submitted after September 30, 1976 for personal injury or death arising
out of the administration of swine flu vaccine under the swine flu
program and based upon the act or omission of a program participant in
the same manner and to the same extent as the United States would be
liable in any other action brought against it under such section 1346(
b) and chapter 171, except that--,
"(i) the liability of the United States arising out of the act
or omission of a program participant may be based on any theory of
liability that would govern an action against such program
participant under the law of the place where the act or omission
occurred, including negligence, strick liability in tort, and
breach of warranty;
"(ii) the exceptions specified in section 2680(a) of title 28,
United States Code, shall not apply in an action based upon the
act or omission of a program participant; and
"(iii) notwithstanding section 2401(b) of title 28, United
States Code, if a civil action or proceeding for personal injury
or death arising out of the administration of swine flu vaccine
under the swine flu program is brought within two years of the
date of the administration of such vaccine and is dismissed
because the plaintiff in such action or proceeding did not file an
administrative claim with respect to such injury or death as
required by such chapter 171, the plaintiff in such action or
proceeding shall have 30 days from the date of such dismissal or
two years from the date the claim arose, whichever is later, in
which to file such administrative claim.
"(B) For purposes of this subsection, the term 'program participant'
as to any particular claim means the manufacturer or distributor of the
swine flu vaccine used in an inoculation under the swine flu program,
the public or private agency or organization that provided an
inoculation under the swine flu program without charge for such vaccine
or its administration and in compliance with the informed consent form
and procedures requirements prescribed pursuant to subparagraph (F) of
paragraph (1) of this subsection, and the medical and other health
personnel who provided or assisted in providing an inoculation under the
swine flu program without charge for such vaccine or its administration
and in compliance with such informed consent form and procedures
requirements.
"(3) The remedy against the United States prescribed by paragraph (2)
of this subsection for personal injury or death arising out of the
administration of the swine flu vaccine under the swine flu program
shall be exclusive of any other civil action or proceeding for such
personal injury or death against any employee of the Government (as
defined in section 2671 of title 28, United States Code) or program
participant whose act or omission gave raise to the claim.
"(4) The Attorney General shall defend any civil action or proceeding
brought in any court against any employee of the Government (as defined
in such section 2671) or program participant (or any liability insurer
thereof) based upon a claim alleging personal injury or death arising
out of the administration of vaccine under the swine flu program. Any
such person against whom such civil action or proceeding is brought
shall deliver all process served upon him (or an attested true copy
thereof) to whoever is designated by the Secretary to receive such
papers, and such person shall promptly furnish copies of the pleadings
and process therein to the United States attorney for the district
embracing the place wherein the civil action or proceeding is brought,
to the Attorney General, and to the Secretary.
"(5) (A) Upon certification by the Attorney General that a civil
action or proceeding brought in any court against any employee of the
Government (as defined in such section 2671) or program participant is
based upon a claim alleging personal injury or death arising out of the
administration of vaccine under the swine flu program, such action or
proceeding shall be deemed an action against the United States under the
provisions of title 28, United States Code, and all references thereto.
If such action or proceeding is brought in a district court of the
United States, then upon such certification the United States shall be
substituted as the party defendant.
"(B) Upon a certification by the Attorney General under subparagraph
(A) ofthis paragraph with respect to a civil action or proceeding
commenced in a State court, such action or proceeding shall be removed,
without bond at any time before trial, by the Attorney General to the
district court of the United States of the district and division
embracing the place wherein it is pending and be deemed an action
brought against the United States under the provisions of title 28,
United States Code, and all references thereto; and the United States
shall be substituted as the party defendant. The Certification of the
Attorney General with respect to program participant status shall
conclusively establish such status for purposes of such initial removal.
Should a district court of the United States determine on a hearing on
a motion to remand held before a trial on the merits that an action or
proceeding is not one to which this subsection applies, the case shall
be remanded to the State court.
"(C) Where an action or proceeding under this subsection is precluded
because of the availability of a remedy through proceedings for
compensation or other benefits from the United States as provided by any
other law, the action or proceeding shall be dismissed, but in that
event the running of any limitation of time for commercing, or filing an
application or claim in, such proceedings for compensation or other
benefits shall be deemed to have been suspended during the pendency of
the civil action or proceeding under this subsection.
"(6) A proggram participant shall cooperate with the United States in
the processing or defense of a claim or suit under such section 1346(b)
and chapter 171 // 28 USC 1346, 2671 et seq. // based upon alleged acts
or omissions of the program participant. Upon the motion of the United
States or any other party, the status as a program participant shall be
revoked by the district court of the United States upon finding that the
program participant has failed to so cooperate, and the court shall
substitute such former participant as the party defendant in place of
the United States and, upon motion, remand any such suit to the court in
which it was instituted.
"(7) Should payment be made by the United States to any claimant
bringing a claim under this subsection, either by way of administrative
settlement or court judgement, the United States shall have,
notwithstanding any provision of State law, the right to recover for
that portion of the damages so awarded or paid, as well as any costs of
litigation, resulting from the failure of any program participant to
carry out any obliation or responsibility assumed by it under a contract
with the United States in connection with the program or from any
negligent conduct on the part of any program participant in carring out
any obligation or responsiblity in connection with the swine flu
program. The United States may maintain such action against such
program participant in the district court of the United States in which
such program particpant resides or has its principal place of business.
"(8) Within one year of the date of the enactment of the National
Swine Flu Immunization Program of 1976, and semiannually thereafter, the
Secretary shall submit to the Congress a report on the conduct of
settlement and litigation activities under this subsection, specifying
the number, value, nature, and status of all claims made thereunder,
including the status of claims for recovery made under paragraph (7) of
this subsection and a detailed statement of the reasons for not seeking
such recovery.
"(1) For the purposes of subsections (j) and (k) of this section--,
"(1) the phrase 'arising out of the administration' with
reference to a claim for personal injury or death under the swine
flu program includes a claim with respect to the manufacture or
distribution of such vaccine in connection with the provision of
an inoculation using such vaccine under the swine flu program;
"(2) the term ' State' includes the District of Columbia,
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Trust Territory of the Pacific Islands; and
"(3) the term 'swine flu vaccine' means the vaccine against the
strain of influenza virus known as influenza A/ New Jersey/76 (Hsw
1 N1), or a combination of such vaccine and the vaccine against
the strain of influenza virus known as influenza A/ Victoria/75.".
Sec. 3. // 42 USC 247b note. // The Secretary of Health, Education,
and Welfare shall conduct, or provide for the conduct of, a study of the
scope and extent of liability for personal injuries or death arising out
of immunization programs and of alternative approaches to providing
protection against such liability (including a compensation system) for
such injuries. Within one year of the date of the enactment of this
Act, the Secretary shall report to the Congress the findings of such
study and such recommendations for legislation (including proposed
drafts to carry out such recommendations) as the Secretary deems
appropriate.
Approved August 12, 1976.
LEGISLATIVE HISTORY:
SENATE REPORT No. 94 - 1147 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 122 (1976):
Aug. 10, considered and passed Senate and House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, no. 33:
Aug. 12, Presidential statement.
PUBLIC LAW 94-379, 90 STAT, 1095
94th Congress, H.R. 14514
August 10, 1976
AN ACT
To permit a State which no longer qualifies for hold harmless treatment
under the supplemental security income program to elect to remain a food
stamp cashout State upon condition that it pass through a part of the
1976 cost-of-living increase in SSI benefits and all of any subsequent
increases in such benefits.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, // 42 USC 1382e note.
// That (a) section 8 of Public Law 93 - 233 is amended by redesignating
subsections (d) and (e) as subsections (e) and (f), respectively, and by
inserting after subsection (c) the following new subsection:
"(d) Upon the request of the State of California the Secretary shall
find, for purposes of the provisions specified in subsection (c) of this
section, that the level of such State's supplementary payments of the
type described in section 1616(a) of the Social Security Act // 42 USC
1382e. // has been specifically increased for any month after June 1976
so as to include the bonus value of food stamps if--,
"(1) the State law as in effect for such month specifically
provides for increases in such payments on account of increases in
the level of benefits payable under title XVI of the Social
Security Act in a manner designed to assure that, whenever a
cost-of-living increase in the level of benefits payable under
such title XVI becomes effective for any month after June 1976,
the amount of the State supplementary payment payable, for each
month with respect to which such cost-of-living increase is
effective, to any individual or to any individual with an eligible
spouse, will be increased by such amount as is necessary to assure
that--,
"(A) the aggregate of (i) the amount payable for such month to such
individual, or to such individual with an elegible spouse, under such
title XVI, and (ii) the
amount payable for such month to such individual, or to such
individual with an eligible spouse, under the State's
supplementary payments program, will exceed, by an amount which is
not less than the monthly amount of such cost-of-living increases
in the level of benefits payable under title XVI of the Social
Security Act which became effective for months after June 1976)--,
"(B) the aggregate of the amounts which would otherwise have been
payable, to such individual (or to such individual with an eligible
spouse), under such title XVI and under the State's supplementary
payments program for such month under the law as in effect on June 1,
1976; and
"(2) such month is (A) the month of July 1976, or (B) a month
thereafter which is in a period of consecutive months the first of
which is July 1976 and each of which is a month with respect to
which the conditions of paragraph (1) are met.
As used in this subsection, the term 'cost-of-living increase in the
level of benefits payable under title XVI of the Social Security Act'
means an increase in benefits payable under such title XVI by reason of
the operation of section 1617 of such Act; // 42 USC 1382f. // except
that the cost-of-living increase in the level of benefits payable under
such title XVI // 42 USC 1381. // which became effective for the month
of July 1976 shall be deemed (for purposes of determining the amount of
the required excess referred to in the matter following subparagraph (A)
and preceding subparagraph (B) in paragraph (1)) to have provided an
increase of $3.00 per month in the case of an individual without an
eligible spouse and $4.50 per month in the case of an individual with an
eligible spouse.".
(b) The provision of section 8 of Public Law 93 - 233 // 42 USC 1382e
note. // redesignated as subsection (f) by subsection (a) of this
section is amended by striking out "subsection (d)" and inserting in
lieu thereof "subsection (e)".
Approved August 10, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 1310 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 122 (1976):
July 29, considered and passed House and Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 33:
Aug. 11, Presidential statement.
PUBLIC LAW 94-378, 90 STAT, 1095
94th Congress, H.R. 14233
August 9, 1976
AN ACT
Making appropriations for the Department of Housing and Urban
Development, and for sundry independent executive agencies, boards,
bureaus, commissions, corporations, and offices for the fiscal year
ending September 30, 19778 and for other purposes.
Be in enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Housing and Urban Development, and
for sundry independent executive agencies boards, bureaus, commissions,
corporationd, and offices ofr the fiscal year ending September 30, 19778
and for other purposes, namely:
TITLE I
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOUSING PROGRAMS
ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING
The additional amount of contracts for annual contributions, not
otherwise provided for, as authorized by section 5 of the United States
Housing Act of 1937, as amended (42 U.S.C. 1437c), entered into after
September 30, 1976, shall not exceed $675,000,000 including not more
tnan $35,000,000 for the modernization of existing low-income housing
projects, which amounts shall be in addition to balances of
authorization heretofore made available for such contracts: Provided,
That the total new budget authority obligated under such contracts
entered into after September 30, 1976, shall not exceed $14,870,400,000,
which amount shall not enclude budget authority obligated under balances
of authorization heretofore made avaialble: Provided further, That of
the total herin provided, excluding funds for modernization, not more
than $120,000,000 shall be used only for contracts for annual
contributions to assist in financing the development or acquistion of
low-income housing projects to be owned by public housing agencies other
than under section 8 of the above Act: // 42 USC 1437f. // Provided
further, That of the amount set forth in the second proviso, not more
than $85,000,000 shall be used only for projects on which construction
or sybstantial rehabilitation is commenced after the effective date of
this Act except in the case of amendments to existing contracts:
Provided further, That of the amounts set forth in the second proviso,
not less than 15 per centum shall be used only with respect to new
construction in non-metropolitan areas.
HOUSING FOR THE ELDERLY OR HANDICAPPED
The limitation on the aggregate loans that may be made under section
202 of the Housing Act // 12 USC 1701q. // of 1959, as amended, from
the fund authorized by subsection (a) (4) of such section, is hereby
established for the fiscal year 1977 at $750,000,000 in accordance with
paragraph (C) of such subsection, which funds shall be available only to
qualified nonprofit sponsors for the purpose of providing 100 per centum
loans for the development of housing for the elderly or handicapped,
with any cash equity or other financial commitments imposed as a
condition of loan approval to be returned to the sponsor if sustaining
occupancy is achieved in a reasonable period of time: Provided, That
the full amount shall be available for permanent financing (including
construction financing) for housing projects for the elderly or
handicapped: Provided further, That the Secretary may borrow for the
Secretary of the Treasury in such amounts as are necessary to provide
the loans authorized herein.
HOUSING PAYMENTS
For the payment of annual contributions, not otherwise provided for,
in accordance with section 5 of the United States Housing Act of 1937,
as amended (42 U.S.C. 1437"); for payments authorized by title IV of
the Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.); for rent
supplement payments authorized by section 10 of the Housing and Urban
Development Act of 1965, as amended (12 U.S.C. 1701s); for payments as
authorized by sections 235 and 236, of the National Housing Act, as
amended (12 U.S.C. 1715z, 1715z - 1); and for payments as authorized by
section 802 of the Housing and Community Development Act of 1974 (88
Stat. 633)8 // 42 USC 1440. // $2,975,000,000: Provided, That excess
rental charges credited to the Secretary in accordance with section
236(g) of the National Housing Act, as amended, shall be available, in
addition to amounts appropriated herein, for the payments on contracts
entered into pursuant to the authorities enumerated above.
PAYMENTS FOR OPERATION OF LOW- INCOME HOUSING PROJECTS
For annual contributions to public housing agnecies for the payment
of operating subsidies for low-income housing projects as authroized by
section 9 of the United States Housing Act of 1937, as amended (42 U.S.
C. 1437g), $575,600,000: Provided, That the aggregate amount of
contracts for annual contributions entered into for such payments shall
not exceed $575,600,000.
MOBLE HOME STANDARDS PROGRAM
For necessary expenses, not otherwise provided for, to carry out the
National Mobile Home Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 - 5426), $1,000,000.
FEDERAL Housing ADMINISTRATION FUND
For payment to cover losses, not otherwise provided for, sustained by
the Special Risk Insurance Fund and the General Insurance Fund,
$135,000,0008 to remain available until expended, as authorized by the
National Housing Act, as amended. // 12 USC 1701. //
HOUSING COUNSELING ASSISTANCE
For contracts, grants, and other assistance, not otherwise provided
for, of providing counseling and advice to tenants and homeowners--,
both corrent and prospective--, with respect to property maintenance,
financial management, ans such other matters as may be appropriate to
assist them in improving their housing conditions and meeting the
responsibilities to tenancy or homeownership, including provisions for
training and for support or voluntary agencies and services as
authorized by section 106(a) (1) (iii) and section 106(a) (2) of the
Housing and Urban Development Act of 1968, as amended, // 12 USC 1701x.
// $3,000,000.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
PAYMENT OF PARTICIPATION SALES INSUFFICIENCIES
For the payment of such insufficiencies as may be required by the
Government National Mortgage Association, as trustee, on account of
outstanding beneficial interests or participations in assets of the
Department of Housing and Urban Development (including thep Government
National Mortgage Association) authorized by the Independent Offices and
Department of Housing and Urban Development Appropriation Act, 1958, //
81 Stat. 341. // to be issued pursuant to section 302 (c) of the
Federal National Nortgage Association Charter Act, as amended, // 12 USC
1717. // $21,265,000.
COMMUNITY PLANNING AND DEVELOPMENT COMMUNITY DEVELOPMENT GRANTS
For contract with and payments to States and units of general local
government and for related expenses, not otherwise provided for,
necessary for carrying out a community development grant program as
authorized by Title I of the Housing and Community Development Act of
1974 (P.L. 93 - 383, 88 Stat. 633), // 42 USC 5301. // $3,148,000,000
of which $200,000,000 shall be used for the purposes stated in section
103(a) (2) of said Act // 42 USC 5303. // except that not more than
$100,000,000 of the amount so provided may be used for the purposes of
section 106 (d) (1), // 42 USC 5306. // to remain available until
September 30, 1979.
For grants to units of general local government for urgent community
development needs pursuant to section 103(b) of Thtle I of the Housing
and Community Development Act of 1974, $100,000,000, to remain available
until September 30, 1979.
DOMPREHENSIVE PLANNING GRANTS
For comprehensive planning grants as authorized by section 701 of the
Housing Act of 1954, as amended (40 U.S.C. 461), $62,500,000. to remain
available until expended.
REHABILITATION LOAN FUND
For the revolving fund established pursuant to section 312 of the
Housing Act of 1964, as amended (42 U.S.C. 1452b), $50,000,000, which
amount shall be augmented by any previously appropriated funds which
would otherwise become unavailable after August 22, 1976: Provided,
That the aggregate amount of commitments for loans made from the fund
for the fiscay year 1977 shall not exceed the total of loan repayment
and other income available during such period. less operating cost,
plus the aggregate amount provided herein.
FEDERAL Insurance Administration FLOOD INSURANCE
For necessary expenses not otherwise provided for in carrying out the
National Flood Insurance Acr of 1968, as amended (42 U.S.C. Chap. 50),
$75,000,000. // 42 USC 4001 note. //
POLICY DEVELOPMENT AND RESEARCH RESEARCH AND TECHNOLOGY
For contracts, grants, and necessary expenses of prograns of research
and studies relating to housing and urban problems, not otherwise
provided for, as authorized by thtle V of the Housing and Urban
Development Act of 1970, as amended (12 U.S.C. 170z-1 et seq.),
including carrying out the functions of the Secretary under section 1(
a) (1) (i) of Reorganization Plan No. 2 of 1968, // 49 USC 1608 note.
// $55,000,000, to remain available until September 30, 1978.
MANAGEMENT AND ADMINISTRATION
SALARIES AND EXPENSES. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
For necessary administravie and nonadministrative expenses of the
Department of Housing and Urban Development, not otherwise porvided for,
including not to exceed $2,500 for official reception and representation
expenses, $419,000,000, of which $223,630,000 shall be provided from the
various funds of the Federal Housing Administration.
FUNDS APPROPRIATED TO THE PRESIDENT FEDERAL DISASTER ASSISTANCE
ADMINISTRATION DISASTER RELIEF
For expenses necessary to carry out the functions of the Department
of Housing and Urban Development under the Disaster Relief Act of 1970,
as amended, // 42 USC 440u note. // the Disaster Relief Act of 1974,
and Reorganization Plan No. 1, of 1973, // 42 USC 5121 note. //
authorizeing assistance to States and local governments, $100,000,000,
to remain available until expended: Provided, That not to ecceed 3 per
centum of the foregoing amount shall be available for administrative
expenses. // 50 USC app 2271 note. //
TITLE II
INDEPENDENT AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchase and repair of uniforms
for caretakers of national cemeteries and monuments, outside of the
United States and its territories and possessions; not to exceed
$70,000 for expenses of travel; rent of office and garage space in
foreign countries; purchase (two for replacement only) and hire of
passenger motor vehicles; and insurance of official motor vehicles in
foreign countries when required by law of such countries; $5,824,000:
Provided, // 36 USC 121b. // That where station allownace has been
authoarized by the Department of the Army for officers of the Army
serving the Army at certain foreign stations, the dame allownace shall
be authorized for officers if the Armed Forces assigned to the
Commission while serving at the same foreign stations, and this
appropriation is hereby made available for the payment of such
allowance: Provided further, // 36 USC 122. // That when traveling on
business of the Commission, officers of the Armend Forces as members of
as secretary of the Commission may be reimbursed for expenses as
provided for civilian members of the Commission: Provided further, //
36 USC 122a. // That the Commission shall reimburse other Government
agencies, including the Armed Forces, for salary, pay, and allowances of
personnel assigned to it.
CONSUMER PRODUCT SAFETY COMMISSION SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety Commission,
including rent in the District of Columbia and hire of passenger motor
vehicles, services as authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
GS - 18, // 5 USC 5332 note. // and not to exceed $500 for official
reception and representation, $39,000,000: Provided, That funds
provided by this appropriation for laboratories shall be available onlu
for the acquisition of conversion of existing laboratories.
DEPARTMENT OF DEFENSE- COVIL
CEMETERIAL EXPENSES, ARMY SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of maintenance,
operation, and improvement of the cemetery at the Soldierd' and Airmen's
Home and Arlington National Cemetery, $6,161,000, to remain available
until expended: Provided, That reimbursement shall be made to the
applicable military appropriation for the pay and allownaces of any
military personnel performing services primarily for the purposes of
this appropriation.
ENVIRONMENTAL PROTECTION AGENCY AGENCY AND REGIONAL MANAGEMENT
For agency and regional management expenses, including offical
reception and representation expenses (not to exceed $2,500); hire of
passenger motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therfor, as authorized by 5 U.S.C. 5901 -
5902; services as authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
GS-18; purchase of reprints; libarary memberships in societies or
associations which issue publications to members only or at a price to
members lower that to subscribers who are not members; $73,000,000.
RESEARCH AND DEVELOPMENT
For research and development activities, including hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate of GS-18;
purchase of reprints; libary memberships in socieites or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members; $259,900,000, to remain
available for obligation until September 30, 1978.
ABATEMENT AND CONTROL
For abatement and control activities, including hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for GS-18; // 5
USC 5332 note. // purchase of reprints; library memberships in
societies or associations which issue publications to members only or at
a proce to members lower than to subscribers who are not members; to
remain available for obligation until September 30, 1978, $376,844,000
and for liquidation of obligations incurred in carrying out section 208
of the Federal Water Polluction Control Act, as amended, // 33 USC 1288.
// $49,182,000, to remain available until expended.
ENFORCEMENT
For enforcement activities, including hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft; uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901 - 5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS-18; purchase of
reprints; library memberships in societies or associations which issue
publications to members only or at a price to members lower than to
subscribers who are not members; $56.561,000.
BUILDINGS AND FACILITIES