PUBLIC LAW 93-99, 87 STAT. 341
TO CONTINUE UNTIL JYLY 1, 1976, THE EXISTING SUSPENSION OF DUTY ON
MANGANESE ORE, 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) ITEM 911.07
(RELATING TO MANGANESE ORE, INCLUDING FERRUGINOUS MANGANESE ORE AND
MANGANIFEROUS IRON ORE) OF THE APPENDIX TO THE TARIFF SCHEDULES OF THE
UNITED STATES (19 U.S.C. 1202) IS AMENDED BY STRIKING OUT "6/30/73" AND
INSERTING IN LIEU THEREOF "6/30/76". //84 STAT. 407.//
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL APPLY WITH RESPECT TO
ARTICLES ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AFTER
JUNE 30, 1973.
SEC. 2. (A) ITEM 903.90 OF THE APPENDIX TO THE TARIFF SCHEDULES OF
THE UNITED STATES (19 U.S.C. 1202) IS AMENDED BY STRIKING OUT "9/5/72"
AND INSERTING IN LIEU THEREOF "9/5/75". //83 STAT. 105.//
(B)(1) THE AMENDMENT MADE BY SUBSECTION (A) SHALL APPLY WITH RESPECT
TO ARTICLES ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER THE DATE OF THE ENACTMENT OF THIS ACT.
(2) UPON REQUEST THEREFOR FILED WITH THE CUSTOMS OFFICER CONCERNED ON
OR BEFORE THE SIXTIETH DAY AFTER THE DATE OF THE ENACTMENT OF THIS ACT,
THE ENTRY OR WITHDRAWAL OF ANY ARTICLE--
(A) WHICH WAS MADE AFTER SEPTEMBER 5, 1972, AND BEFORE THE DATE
OF THE ENACTMENT OF THIS ACT, AND
(B) WITH RESPECT TO WHICH THERE WOULD HAVE BEEN NO DUTY IF THE
AMENDMENT MADE BY THE FIRST SECTION OF THIS AMENDMENT APPLIED TO
SUCH ENTRY OR WITHDRAWAL,
SHALL, NOTWITHSTANDING THE PROVISIONS OF SECTION 514 OF THE TARIFF ACT
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-
) ^ 4 OF 1930 OR ANY OTHER PROVISION OF LAW, BE LIQUIDATED OR
RELIQUIDATED AS THOUGH SUCH ENTRY OR WITHDRAWAL HAD BEEN MADE ON THE
DATE OF THE ENACTMENT OF THIS ACT. //84 STAT. 284. 19 USC 1514.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 311 (COMM. ON WAYS AND MEANS).
SENATE REPORT NO. 93 - 316 (COMM. ON FINANCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 27, CONSIDERED AND PASSED HOUSE. JULY 17, CONSIDERED AND
PASSED SENATE, AMENDED. AUG. 3, HOUSE AGREED TO SENATE
AMENDMENTS.
PUBLIC LAW 93-98, 87 STAT. 329, DEPARTMENT OF TRANSPORTATION AND
RELATED AGENCIES APPROPRIATION ACT OF 1974.
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF TRANSPORTATION AND
RELATED AGENCIES FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND FOR
OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FOLLOWING SUMS
ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE
APPROPRIATED, FOR THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND FOR OTHER PURPOSES,
NAMELY:
FOR NECESSARY EXPENSES OF THE OFFICE OF THE SECRETARY OF
TRANSPORTATION, INCLUDING NOT TO EX CEED $27,000 FOR ALLOCATION WITHIN
THE DEPARTMENT FOR OFFICIAL RECEPTION AND REPRESENTATION EXPENSES AS THE
SECRETARY MAY DETERMINE; INCLUDING NOT TO EXCEED $275,000 FOR
ALLOCATION TO THE OFFICE OF PIPELINE SAFETY FOR A STUDY OF THE SAFETY OF
NATURAL GAS PIPELINE DISTRIBUTION SYSTEMS WHICH SHALL CONSIDER SUCH
AREAS AS THE USE OF PLASTIC PIPES, THE EVALUATION OF THE CONDITIONS OF
EXISTING DISTRIBUTION SYSTEMS, THIRD PARTY DAMAGES, THE NEED FOR
EXPANDING PRESENT REGULATIONS ON SERVICE LINES, THE EFFECTIVENESS OF
"ODORS" GIVEN TO NATURAL GAS, AND THE UTILIZATION OF THE SYSTEM APPROACH
TO PIPELINE SAFETY. $24,475,000.
FOR NECESSARY EXPENSES FOR CONDUCTING TRANSPORTATION PLANNING,
RESEARCH, AND DEVELOPMENT ACTIVITIES, INCLUDING THE COLLECTION OF
NATIONAL TRANSPORTATION STATISTICS, TO REMAIN AVAILABLE UNTIL EXPENDED,
$26,000,000, OF WHICH NOT TO EXCEED $1,000,000 SHALL BE DERIVED FROM THE
APPROPRIATION FOR "RESEARCH, ENGINEERING AND DEVELOPMENT (AIRPORT AND
AIRWAY TRUST FUND)".
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
(49 U.S.C. 1674), $1,175,000, TO REMAIN AVAILABLE UNTIL EXPENDED. //82
STAT. 722; 86 STAT. 616.
FOR NECESSARY EXPENSES IN CONNECTION WITH THE CONSOLIDATION OF
DEPARTMENTAL ACTIVITIES INTO THE SOUTWEST AREA OF WASHINGTON, DISTRICT
OF COLUMBIA, $800,000.
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, FIFTEEN OF WHICH ARE FOR REPLACEMENT ONLY;
AND RECREATION AND WELFARE; $545,400,000, OF WHICH $171,994 SHALL BE
APPLIED TO CAPEHART HOUSING DEBT REDUCTION: PROVIDED, THAT THE NUMBER
OF AIRCRAFT ON HAND AT ANY ONE TIME SHALL NOT EXCEED ONE HUNDRED AND
SEVENTY TWO EXCLUSIVE OF PLANES AND PARTS STORES TO MEET FUTURE
ATTRITION: PROVIDED FURTHER, THAT, WITHOUT REGARD TO ANY PROVISIONS OF
LAW OR EXECUTIVE ORDER PRESCRIBING MINIMUM FLIGHT REQUIREMENTS, COAST
GUARD REGULATIONS WHICH ESTABLISH PROFICIENCY STANDARDS AND MAXIMUM AND
MINIMUM FLYING HOURS FOR THIS PURPOSE MAY PROVIDE FOR THE PAYMENT OF
FLIGHT PAY AT THE RATES PRESCRIBED IN SECTION 301 OF TITLE 37, UNITED
STATES CODE, TO CERTAIN MEMBERS OF THE COAST GUARD OTHERWISE ENTITLED TO
RECEIVE FLIGHT PAY DURING THE CURRENT FISCAL YEAR (1) WHO HAVE HELD
AERONAUTICAL RATINGS OR DESIGNATIONS FOR NOT LESS THAN FIFTEEN YEARS, OR
(2) WHOSE PARTICULAR ASSIGNMENT OUTSIDE THE UNITED STATES OR IN ALASKA,
MAKES IT IMPRACTICAL TO PARTICIPATE IN REGULAR AERIAL FLIGHTS, OR WHO
HAVE BEEN ASSIGNED TO A COURSE OF INSTRUCTION OF 90 DAYS OR MORE:
PROVIDED FURTHER, THAT AMOUNTS EQUAL
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SHARON CROW TO THE OBLIGATED BALANCES AGAINST THE APPROPRIATIONS FOR
"OPERATING EXPENSES" FOR THE TWO PRECEDING YEARS, 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. //76
STAT^ 461. 87 STAT. 330//
FOR NECESSARY EXPENSES OF ACQUISITION, CONSTRUCTION, REBUILDING, AND
IMPROVEMENT OF AIDS TO NAVIGATION, SHORE FACILITIES; VESSELS, AND
AIRCRAFT, INCLUDING EQUIPMENT RELATED THERETO; $75,500,000, TO REMAIN
AVAILABLE UNTIL JUNE 30, 1976. //87 STAT. 331//
FOR NECESSARY EXPENSES FOR ALTERATION OF OBSTRUCTIVE BRIDGES:
$4,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
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: $81,000,000. //10 USC 1431.//
FOR ALL NECESSARY EXPENSES FOR THE COAST GUARD RESERVE, AS AUTHORIZED
BY LAW; MAINTENANCE AND OPERATION OF FACILITIES; AND SUPPLIES,
EQUIPMENT, AND SERVICES; $25,000,000: PROVIDED, THAT AMOUNTS EQUAL TO
THE OBLIGATED BALANCES AGAINST THE APPROPRIATIONS FOR "RESERVE TRAINING"
FOR THE TWO PRECEDING YEARS 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: PROVIDED, THAT THIS APPROPRIATION SHALL
BE AVAILABLE ONLY UPON THE ENACTMENT INTO LAW OF AUTHORIZING LEGISLATION
BY THE NINETY-THIRD CONGRESS.
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; $14,000,000, TO REMAIN AVAILABLE UNTIL
EXPENDED.
FOR FINANCIAL ASSISTANCE FOR STATE BOATING SAFETY PROGRAMS IN
ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL BOAT SAFETY ACT OF 1971
(PUBLIC LAW 93 - 75), $3,500,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
//85 STAT. 213. 46 USC 1451 NOTE. 87 STAT. 331. 87 STAT. 332.//
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;
PURCHASE OF FOUR PASSENGER MOTOR VEHICLES FOR REPLACEMENT ONLY; AND
PURCHASE AND REPAIR OF SKIS AND SNOWSHOES; $1,200,500,000: 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. //84 STAT. 219. 49 USC 1701 NOTE.//
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 ACQUISITION OF
NECESSARY SITES BY LEASE OR GRANT, $11,500,000, 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
ENGINEERING AND DEVELOPMENT. //72 STAT. 731.//
FOR NECESSARY EXPENSES, NOT OTHERWISE PROVIDED, 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 OR 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 ACCOMODATIONS FOR OFFICERS AND EMPLOYEES OF THE FEDERAL AVIATION
ADMINISTRATION STATIONED AT REMOTE LOCALITIES WHERE SUCH ACCOMODATIONS
ARE NOT AVAILABLE, AND PURCHASE OF SEVENTEEN AIRCRAFT; $250,000,000, TO
BE DERIVED FROM THE AIRPORT AND AIRWAY TRUST FUND, TO REMAIN AVAILABLE
UNTIL JUNE 30, 1976: 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.
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 CONSTRUCTION OF
EXPERIMENTAL FACILITIES AND ACQUISITION OF NECESSARY SITES BY LEASE OR
GRANT; $62,095,000, 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. //72 STAT.
731.//
FOR LIQUIDATION OF OBLIGATIONS INCURRED FOR AIRPORT DEVELOPMENT UNDER
AUTHORITY CONTAINED IN SECTION 14 OF PUBLIC LAW 91 - 258, TO BE DERIVED
FROM THE AIRPORT AND AIRWAY TRUST FUND AND TO REMAIN
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^ ^ W AVAILABLE UNTIL EXPENDED, $200,000,000. //ANTE. P. 89.//
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;
PURCHASE, CLEANING, AND REPAIR OF UNIFORMS; AND ARMS AND AMMUNITION;
$14,400,000.
FOR NECESSARY EXPENSES FOR CONSTRUCTION AT THE FEDERALLY OWNED CIVIL
AIRPORTS IN THE VICINITY OF THE DISTRICT OF COLUMBIA, $3,000,000, TO
REMAIN AVAILABLE UNTIL JUNE 30, 1976.
THE SECRETARY OF TRANSPORTATION IS HEREBY AUTHORIZED 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. //72 STAT. 803. 61 STAT. 584.//
FOR NECESSARY EXPENSES, NOT OTHERWISE PROVIDED, AS AUTHORIZED BY LAW,
OF THE FEDERAL HIGHWAY ADMINISTRATION, $12,800,000, OF WHICH $7,500,000
SHALL BE DERIVED FROM THE HIGHWAY TRUST FUND, TOGETHER WITH NOT TO
EXCEED $101,900,000 TO BE TRANSFERRED FROM THE APPROPRIATION FOR
"FEDERAL-AID HIGHWAYS (TRUST FUND)": PROVIDED, THAT NOT TO EXCEED
$23,600,000 OF THE AMOUNT PROVIDED HEREIN SHALL REMAIN AVAILABLE UNTIL
EXPENDED.
FOR PAYMENT OF OBLIGATIONS INCURRED IN CARRYING OUT THE PROVISIONS OF
TITLE 23. UNITED STATES CODE, SECTIONS 131, 136, AND 319 (B),
$30,000,000 TO REMAIN AVAILABLE UNTIL EXPENDED, TOGETHER WITH $1,020,000
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SHARON CROW FOR NECESSARY ADMINISTRATIVE EXPENSES FOR CARRYING OUT SUCH
PROVISIONS OF TITLE 23, UNITED STATES CODE, AS AUTHORIZED BY SECTION 105
(A) OF THE FEDERAL-AID HIGHWAY ACT OF 1970. //79 STAT. 1028; 84 STAT.
1726. 84 STAT. 1715.//
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, $7,000,000
OF WHICH $5,000,000 SHALL BE DERIVED FROM THE HIGHWAY TRUST FUND:
PROVIDED, THAT NOT TO EXCEED $459,000 OF THE AMOUNT APPROPRIATED HEREIN
MAY BE TRANSFERRED TO THE APPROPRIATION "SALARIES AND EXPENSES". //80
STAT. 731; 84 STAT. 1740.//
FOR PAYMENT OF OBLIGATIONS INCURRED IN CARRYING OUT THE PROVISIONS OF
TITLE 23, UNITED STATES CODE, SECTION 322, TO REMAIN AVAILABLE UNTIL
EXPENDED, $14,000,000, OF WHICH $4,200,000 SHALL BE DERIVED FROM THE
HIGHWAY TRUST FUND. //84 STAT. 1742.
FOR NECESSARY EXPENSES OF RAILROAD-HIGHWAY CROSSINGS DEMONSTRATION
PROJECTS, TO REMAIN AVAILABLE UNTIL EXPENDED: $6,000,000, OF WHICH
$1,700,000 IS FOR PROJECTS AT ELKO, NEVADA, AND $600,000 IS FOR PROJECTS
AT WHEELING, WEST VIRGINIA, AND $700,000 IS FOR PROJECTS AT LINCOLN,
NEBRASKA; AND $4,000,000 OF THESE AMOUNTS SHALL BE DERIVED FROM THE
HIGHWAY TRUST FUND: PROVIDED, THAT THIS APPROPRIATION SHALL BE
AVAILABLE ONLY UPON ENACTMENT INTO LAW OF AUTHORIZING LEGISLATION BY THE
NINETY-THIRD CONGRESS.
FOR PAYMENT OF OBLIGATIONS INCURRED IN CARRYING OUT HE PROVISIONS OF
TITLE 23, UNITED STATES CODE, SECTION 215. $2,5 ,000, TO REMAIN
AVAILABLE UNTIL EXPENDED. //84 STAT. 1720.//
FOR NECESSARY EXPENSES FOR CONSTRUCTION OF THE DARIEN GAP HIGHWAY IN
ACCORDANCE WITH THE PROVISIONS OF SECTION 216 OF TITLE 23 OF THE UNITED
STATES CODE, $5,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
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FOR CARRYING OUT THE PROVISIONS OF TITLE 23, UNITED STATES CODE,
WHICH ARE ATTRIBUTABLE TO FEDERAL-AID HIGHWAYS, NOT OTHERWISE PROVIDED,
INCLUDING REIMBURSEMENT FOR SUMS EXPENDED PURSUANT TO THE PROVISIONS OF
SECTION 2 OF THE PACIFIC NORTHWEST DISASTER RELIEF ACT OF 1965 (79 STAT.
131), REIMBURSEMENT FOR SUMS EXPENDED PURSUANT TO THE PROVISIONS OF
SECTION 21 OF THE ALASKA OMNIBUS ACT, AS AMENDED (78 STAT. 505),
$4,315,900,000, OR SO MUCH THEREOF AS MAY BE AVAILABLE IN AND DERIVED
FROM THE "HIGHWAY TRUST FUND", TO REMAIN AVAILABLE UNTIL EXPENDED. //72
STAT. 885. 23 USC 101. 48 USC PREC. 21 NOTE.//
FOR PAYMENT OF OBLIGATIONS INCURRED IN CARRYING OUT THE PROVISIONS OF
TITLE 23, UNITED STATES CODE, SECTION 204, PURSUANT TO CONTRACT
AUTHORIZATION GRANTED BY TITLE 23, UNITED STATES CODE, SECTION 203, TO
REMAIN AVAILABLE UNTIL EXPENDED, $8,000,000. //72 STAT. 907.//
FOR PAYMENT OF OBLIGATIONS INCURRED IN CARRYING OUT THE PROVISIONS OF
TITLE 23; UNITED STATES CODE, SECTION 209, PURSUANT TO THE CONTRACT
AUTHORIZATION GRANTED BY TITLE 23, UNITED STATES CODE, SECTION 203,
$3,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED. //72 STAT. 908; 78
STAT. 397.//
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 SAVINGS ACT (PUBLIC LAW 92 - 513),
$44,757,000, OF WHICH $38,632,000 SHALL BE DERIVED FROM THE HIGHWAY
TRUST FUND, TOGETHER WITH $9,000,000 TO BE TRANSFERRED FROM THE
APPROPRIATION FOR "CONSTRUCTION OF COMPLIANCE FACILITIES": PROVIDED,
THAT NOT TO EXCEED $14,328,000 SHALL REMAIN AVAILABLE UNTIL EXPENDED FOR
THE CONTRACTUAL AND STATE GRANT REQUIREMENTS OF THE MOTOR VEHICLE
INFORMATION AND COST SAVINGS ACT. //86 STAT. 947. 15 USC 1901 NOTE.//
FOR PAYMENT OF OBLIGATIONS INCURRED IN CARRYING OUT THE PROVISIONS OF
TITLE 23, UNITED STATES CODE, SECTION 402, TO REMAIN AVAILABLE UNTIL
EXPENDED, $100,000,000, OF WHICH $70,000,000 SHALL BE DERIVED FROM THE
HIGHWAY TRUST FUND. //80 STAT. 731; 84 STAT. 1740.//
FOR NECESSARY EXPENSES OF THE FEDERAL RAILROAD ADMINISTRATION,
$2,900,000.
FOR NECESSARY EXPENSES FOR CONDUCTING RAILROAD RESEARCH ACTI ITIES,
$10,350,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR NECESSARY EXPENSES IN CONNECTION WITH RAILROAD SAFETY, NOT
OTHERWISE PROVIDED FOR, $8,900,000 OF WHICH $1,400,000 SHALL BE
AVAILABLE ONLY FOR ADDITIONAL SAFETY INSPECTORS.
FOR GRANTS-IN-AID TO CARRY OUT A RAILROAD SAFETY PROGRAM, $1,500,000:
PROVIDED, THAT THIS APPROPRIATION SHALL BE AVAILAB LE ONLY UPON
ENACTMENT OF AUTHORIZING LEGISLATION BY THE NINETY-THIRD CONGRESS.
FOR NECESSARY EXPENSES FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS
IN HIGH-SPEED GROUND TRANSPORTATION, $20,100,000, TO REMAIN AVAILABLE
UNTIL EXPENDED.
APPROPRIATIONS HERETOFORE GRANTED UNDER THE HEAD "GRANTS TO NATIONAL
RAILROAD PASSENGER CORPORATION" ARE REDUCED BY THE SUM OF $9,100,000.
NATIONAL RAILROAD PASSENGER CORPORATION, $102,100,000, TO REMAIN AV
AILABLE UNTIL EXPENDED, OF WHICH $48,100,000 SHALL BE AVAILABLE ONLY
UPON THE ENACTMENT INTO LAW OF AUTHORIZING LEGISLATION BY THE
NINETY-THIRD CONGRESS: PROVIDED, THAT NOT TO EXCEED $500,000 IS TO BE
EXPENDED ONLY IN CONNECTION WITH THE CONSTRUCTION OF STATION AND RELATED
FACILITIES TO SERVE THE METROLINER AT NEW CARROLLTON, MARYLAND.
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 SER ICE, 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; //80 STAT. 553.// AND NOT TO EXCEED
$1,000,000 OF THE FUND SHALL BE AVAILABLE FOR USE IN CONSTRUCTION AND
ENGINEERING WORK ON AN EXTENSION OF THE ALASKA RAILROAD FROM FAIRBANKS,
ALASKA, TO THE INTERNATIONAL AIRPORT LOCATED NEAR THAT CITY: 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, AS
AMENDED, FOR GRADE GS-15, EXCEPT THE GENERAL MANAGER OF SAID RAILROAD,
ONE ASSISTANT GENERAL MANAGER AT NOT TO EXCEED THE SALARIES PRESCRIBED
BY SAID ACT FOR GS-17, AND FIVE OFFICERS AT NOT TO EXCEED THE SALARIES
PRESCRIBED BY SAID ACT FOR GRADE GS-16. //5 USC 5332 NOTE.//
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 - 453), 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;
$5,000,000. //78 STAT. 302; 84 STAT. 962. 80 STAT. 508; 81 STAT.
206. 80 STAT. 416.//
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;
$35,050,000: PROVIDED, THAT $32,300,000 SHALL BE AVAILABLE FOR
RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS, $2,250,000 SHALL BE AVAILABLE
FOR UNIVERSITY RESEARCH AND TRAINING, AND NOT TO EXCEED $500,000 SHALL
BE AVAILABLE FOR MANAGERIAL TRAINING AS AUTHORIZED UNDER THE AUTHORITY
OF THE SAID ACT. //78 STAT. 302; 84 STAT. 962.//
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), $380,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
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, AS AMENDED, AS MAY BE NECESSARY IN CARRYING OUT
THE PROGRAMS SET FORTH IN THE BUDGET FOR THE CURRENT FISCAL YEAR FOR
SXCH CORPORATION EXCEPT AS HEREINAFTER PROVIDED. //61 STAT. 584. 31
USC 849.//
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NOT TO EXCEED $820,000 SHALL BE AVAILABLE FOR ADMINISTRATIVE EXPENSES
WHICH SHALL BE COMPUTED ON AN ACTUAL 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.
FOR NECESSARY EXPENSES OF THE NATIONAL TRANSPORTATION SAFETY BOARD,
$7,975,000.
FOR NECESSARY EXPENSES OF THE CIVIL AERONAUTICS BOARD, INCLUDING HIRE
OF AIRCRAFT; HIRE OF PASSENGER MOTOR VEHICLES; SERVICES AS AUTHORIZED
BY 5 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, $14,767,000. //80 STAT. 416. 80
STAT. 508; 81 STAT. 206.//
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, $66,431,000, TO REMAIN AVAILABLE UNTIL EXPENDED. //72 STAT.
763.//
FOR NECESSARY EXPENSES OF THE INTERSTATE COMMERCE COMMISSION,
INCLUDING SERVICES AS AUTHORIZED BY 5 U.S.C. 3109, $34,750,000, OF WHICH
$150,000 SHALL BE AVAILABLE FOR VALUATION OF PIPELINES: PROVIDED, THAT
JOINT BOARD MEMBERS AND COOPERATING STATE COMMISSIONERS MAY USE
GOVERNMENT TRANSPORTATION REQUESTS WHEN TRAVELING IN CONNECTION WITH
THEIR DUTIES AS SUCH.
FOR OPERATING EXPENSES NECESSARY FOR THE CANAL ZONE GOVERNMENT,
INCLUDING OPERATION OF THE POSTAL SERV ICE 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, $59,000,000. //80 STAT. 432.//
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; 2 C. Z.
CODE, SEC. 371), INCLUDING THE PURCHASE OF NOT TO EXCEED FIFTEEN
PASSENGER MOTOR VEHICLES OF WHICH THIRTEEN ARE FOR REPLACEMENT ONLY;
IMRPOVING FACILITIES OF OTHER GOVERNMENT AGENCIES IN THE CANAL ZONE FOR
CANAL ZONE GOVERNMENT USE; AND EXPENSES INCIDENT TO THE RETIREMENT OF
SUCH ASSETS; $3,500,000, TO REMAIN AVAILABLE UNTIL EXPENDED. //76A
STAT. 7, 26.//
THE PANAMA CANAL COMPANY IS HEREBY AUTHORIZED TO MAKE SUCH
EXPENDITURES WITHIN THE LIMITS OF FUNDS AND BORROWING AUTHORITY
AVAILABLE TO 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 MAINTAINING AND IMPROVING FACILITIES OF OTHER GOVERNMENT
AGENCIES IN THE CANAL ZONE FOR PANAMA CANAL COMPANY USE. //61 STAT.
584.//
NOT TO EXCEED $21,037,000 OF THE FUNDS AVAILABLE TO THE PANAMA CANAL
COMPANY SHALL BE AVAILABLE DURING THE CURRENT FISCAL YEAR FOR GENERAL
AND ADMINISTRATIVE EXPENSES OF THE COMPANY, INCLUDING OPERATION OF
TOURIST VESSELS AND GUIDE SERVICES, WHICH SHALL BE COMPUTED ON AN
ACCRUAL BASIS. FUNDS AVAILABLE TO THE PANAMA CANAL COMPANY FOR
OPERATING EXPENSES SHALL BE AVAILABLE FOR THE PURCHASE OF NOT TO EXCEED
TWENTY-FIVE PASSENGER MOTOR VEHICLES, FOR REPLACEMENT ONLY, AND FOR
UNIFORMS OR ALLOWANCES THEREFOR AS AUTHORIZED BY LAW (5 U.S.C. 5901 -
590Z). //80 STAT. 508; 81 STAT. 206.
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 RAPID TRANSIT SYSTEM, AS AUTHORIZED BY THE NATIONAL CAPITAL
TRANSPORTATION ACT OF 1969 (PUBLIC LAW 91 - 143) AS AMENDED, INCLUDING
ACQUISITION OF RIGHTS-OF-WAY, LAND, AND INTEREST THEREIN, TO REMAIN
AVAILABLE UNTIL EXPENDED, $90,360,000 FOR THE FISCAL YEAR 1975, AND FOR
THE FISCAL YEAR 1974, $7,385,000 FOR DESIGN AND CONSTRUCTION OF THE
ARLINGTON CEMETERY STATION AND AN ADDITIONAL SMITHSONIAN STATION
ENTRANCE, AS AUHTORIZED BY PUBLIC LAW 92 - 517. //83 STAT. 320; 86
STAT. 1004. D. C. CODE I - 1441 NOTE. 86 STAT. 999.//
TO ENABLE THE DEPARTMENT OF TRANSPORTATION TO PAY THE WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY THE INTEREST SUBSIDY AUTHORIZED BY
PUBLIC LAW 92 - 349, $12,728,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
//86 STAT. 464.//
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; 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 ADMINISTRATIVE EXPENSES IN CONNECTION WITH COMMITMENTS FOR
GRANTS-IN-AID FOR AIRPORT DEVELOPMENT AGGREGATING MORE THAN $300,000,000
IN FISCAL YEAR 1974.
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 $50,000,000 FOR "HIGHWAY BEAUTIFICATION" IN
FISCAL YEAR 1974.
SEC. 304. NONE OF THE FUNDS PROVIDED UNDER THIS ACT SHALL BE AV
AILABLE FOR THE PLANNING OR EXECUTION OF PROGRAMS THE OBLIGATIONS FOR
WHICH ARE IN EXCESS OF $80,000,000 IN FISCAL YEAR 1974 FOR "STATE AND
COMMUNITY HIGHWAY SAFETY" AND "HIGHWAY-RELATED SAFETY GRANTS".
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 $4,000,000 IN FISCAL YEAR 1974 FOR "TERRITORIAL
HIGHWAYS".
SEC. 306. 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 $18,000,000, EXCLUSIVE OF THE REIMBURSABLE
PROGRAM, IN FISCAL YEAR 1974 FOR "FOREST HIGHWAYS".
SEC. 307. 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 $10,000,000 IN FISCAL YEAR 1974 FOR "PUBLIC LANDS
HIGHWAYS".
SEC. 308. NONE OF THE FUNDS PROVIDED IN THIS ACT SHALL BE AVAILABLE
FOR ADMINISTRATIVE EXPENSES IN CONNECTION WITH COMMITMENTS FOR "URBAN
MASS TRANSPORTATION FUND" AGGREGATING MORE THAN $985,550,000 IN FISCAL
YEAR 1974.
SEC. 309. 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. 310. NONE OF THE FUNDS PROVIDED UNDER THIS ACT SHALL BE
AVAILABLE FOR THE PLANNING OR EXECUTION OF PROGRAMS FOR ANY FURTHER
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 ENCIRONMENTAL EFFECT 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 CARRY OUT THIS STUDY.
SEC. 311. THE GOVERNOR OF THE CANAL ZONE IS AUTHORIZED TO EMPLOY
SERVICES AS AUTHORIZED BY 5 U.S.C. 3109, IN AN AMOUNT NOT EXCEEDING
$150,000. //80 STAT. 416.//
SEC. 312. FUNDS APPROPRIATED FOR OPERATING EXPENSES OF THE CANAL
ZONE GOVERNMENT MAY BE APPORTIONED NOTWITHSTANDING SECTION 3679 OF THE
REVISED 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 ADMINISTRATIVE 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 COMPARAB LE POSITIONS.
SEC. 313. FUNDS APPROPRIATED UNDER THIS ACT FOR EXPENDITURE BY THE
FEDERAL AVIATION ADMINISTRATION AND THE COAST GUARD SHALL BE AVAILABLE
(1) FOR EXPENSES OF PRIMARY AND SECONDARY SCHOOLING FOR DEPENDENTS OF
FEDERAL AVIATION ADMINISTRATION AND COAST GUARD PERSONNEL STATIONED
OUTSIDE THE CONTINENTAL UNITED STATES 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, 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 RPESCEIBE,
DETERMINES THAT SUCH SCHOOLS ARE NOT ACCESSIBLE BY PUBLIC MEANS OF
TRANSPORTATION ON A REGULAR BASIS.
SEC. 314. 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. //80 STAT. 416. 5 USC 5332 NOTE.//
SEC. 315. 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.
THIS ACT MAY BE CITED AS THE "DEPARTMENT OF TRANSPORTATION AND
RELATED AGENCIES APPROPRIATION ACT, 1974".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 285 (COMM. ON APPROPRIATIONS) AND
NO. 93 - 426 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 346 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 20, CONSIDERED AND PASSED HOUSE. JULY 28, CONSIDERED AND
PASSED S NATE, AMENDED. AUG. 3, HOUSE AND SENATE AGREED TO
CONFERENCE REPORT.
PUBLIC LAW 93-97, 87 STAT. 318, PUBLIC WORKS FOR WATER AND POWER
DEVELOPMENT AND ATOMIC ENERGY COMMISSION APPROPRIATION ACT OF 1974.
MAKING APPROPRIATIONS FOR PUBLIC WORKS FOR WATER AND POWER
DEVELOPMENT, INCLUDING THE CORPS OF ENGINEERS--CIVIL, THE BUREAU
OF RECLAMATION, THE BONNEVILLE POWER ADMINISTRATION AND OTHER
POWER AGENCIES OF THE DEPARTMENT OF THE INTERIOR, THE APPALACHIAN
REGIONAL DEVELOPMENT PROGRAMS, THE FEDERAL POWER COMMISSION, THE
TENNESSEE VALLEY AUTHORITY, THE ATOMIC ENERGY COMMISSION, AND
RELATED INDEPENDENT AGENCIES AND COMMISSIONS FOR THE FISCAL YEAR
ENDING JUNE 30, 1974, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FOLLOWING SUMS
ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE
APPROPRIATED, FOR THE FISCAL YEAR ENDING JUNE 30, 1974, FOR PUBLIC WORKS
FOR WATER AND POWER DEVELOPMENTS, INCLUDING THE CORPS OF
ENGINEERS--CIVIL, THE BUREAU OF RECLAMATION, THE BONNEVILLE POWER
ADMINISTRATION AND OTHER POWER AGENCIES OF THE DEPARTMENT OF THE
INTERIOR, THE APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS, THE FEDERAL
POWER COMMISSION, THE TENNESSEE VALLEY AUTHORITY, THE ATOMIC ENERGY
COMMISSION, AND RELATED INDEPENDENT AGENCIES AND COMMISSIONS, AND FOR
OTHER PURPOSES, NAMELY:
FOR NECESSARY OPERATING EXPENSES OF THE COMMISSION IN CARRYING OUT
THE PURPOSES OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, INCLUDING THE
EMPLOYMENT OF ALIENS; SERVICES AUTHORIZED BY 5 U.S.C. 3109; //68 STAT.
919. 42 USC 2011 NOTE. 80 STAT. 416.// HIRE, MAINTENANCE, AND
OPERATION OF AIRCRAFT; PUBLICATION AND DISSEMINATION OF ATOMIC
INFORMATION; PURCHASE, REPAIR AND CLEANING OF UNIFORMS; OFFICIAL
ENTERTAINMENT EXPENSES (NOT TO EXCEED $30,000); REIMBURSEMENT OF THE
GENERAL SERVICES ADMINISTRATION FOR SECURITY GUARD SERVICES; HIRE OF
PASSENGER MOTOR VEHICLES; $1,714,263,000 AND ANY MONEYS (EXCEPT SUMS
RECEIVED FROM DISPOSAL OF PROPERTY UNDER THE ATOMIC ENERGY COMMUNITY ACT
OF 1955, AS AMENDED (42 U.S.C. 2301)) RECEIVED BY THE COMMISSION,
NOTWITHSTANDING THE PROVIS'ONS OF SECTION 3617 OF THE REVISED STATUTES
(31 U.S.C. 484), TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT OF
SUCH AMOUNT $100,000 MAY BE EXPENDED FOR OBJECTS OF A CONFIDENTIAL
NATURE AND IN ANY SUCH CASE THE CERTIFICATE OF THE COMMISSION AS TO THE
AMOUNT OF THE EXPENDITURE AND THAT IT IS DEEMED INADVISABLE TO SPECIFY
THE NATURE THEREOF SHALL BE DEEMED A SUFFICIENT VOUCHER FOR THE SUM
THEREIN EXPRESSED TO HAVE BEEN EXPENDED: PROVIDED FURTHER, THAT FROM
THIS APPROPRIATION TRANSFERS OF SUMS MAY BE MADE TO OTHER AGENCIES OF
THE GOVERNMENT FOR THE PERFORMANCE OF THE WORK FOR WHICH THIS
APPROPRIATION IS MADE, AND IN SUCH CASES THE SUMS SO TRANSFERRED MAY BE
MERGED WITH THE APPROPRIATION TO WHICH TRANSFERRED. //69 STAT. 471.//
FOR EXPENSES OF THE COMMISSION, AS AUTHORIZED BY LAW, IN CONNECTION
WITH THE PURCHASE AND CONSTRUCTION OF PLANT AND THE ACQUISITION OF
CAPITAL EQUIPMENT AND OTHER EXPENSES INCIDENTAL THERETO NECESSARY IN
CARRYING OUT THE PURPOSES OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED,
INCLUDING THE ACQUISITION OR CONDEMNATION OF ANY REAL PROPERTY OR ANY
FACILITY OR FOR PLANT OR FACILITY ACQUISITION, CONSTRUCTION, OR
EXPANSION; PURCHASE OF NOT TO EXCEED THREE HUNDRED AND EIGHTY-NINE FOR
REPLACEMENT ONLY, AND HIRE OF PASSENGER MOTOR VEHICLES; AND HIRE OF
AIRCRAFT; $622,275,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
SEC. 101. NOT TO EXCEED 5 PER CENTUM OF APPROPRIATIONS MADE
AVAILABLE FOR THE CURRENT FISCAL YEAR FOR "OPERATING EXPENSES" AND
"PLANT AND CAPITAL EQUIPMENT" MAY BE TRANSFERRED BETWEEN SUCH
APPROPRIATIONS, BUT NE'THER SUCH APPROPRIATION, EXCEPT AS OTHERWISE
PROVIDED HEREIN, SHALL BE INCREASED BY MORE THAN 5 PER CENTUM BY ANY
SUCH SC SD TN TX UT VT
SC SD TN TX UT VT "
TRANSFERS, AND ANY SUCH TRANSFERS SHALL BE REPORTED PROMPTLY TO THE
APPROPRIATIONS COMMITTEES OF THE HOUSE AND SENATE.
THE FOLLOWING APPROPRIATIONS SHALL BE EXPENDED UNDER THE DIRECTION OF
THE SECRETARY OF THE ARMY AND THE SUPERVISION OF THE CHIEF OF ENGINEERS
FOR AUTHORIZED CIVIL FUNCTIONS OF THE DEPARTMENT OF THE ARMY PERTAINING
TO RIVERS AND HARBORS, FLOOD CONTROL, BEACH EROSION, AND RELATED
PURPOSES:
FOR EXPENSES NECESSARY FOR THE COLLECTION AND STUDY OF BASIC
INFORMATION PERTAINING TO RIVER AND HARBOR, FLOOD CONTROL, SHORE
PROTECTION, AND RELATED PROJECTS, RESTUDY OF AUTHORIZED PROJECTS, AND
WHEN AUTHORIZED BY LAW, SURVEYS AND STUDIES OF PROJECTS PRIOR TO
AUTHORIZATION FOR CONSTRUCTION, $56,142,000, TO REMAIN AVAILABLE UNTIL
EXPENDED: PROVIDED, THAT $1,175,000 OF THIS APPROPRIATION SHALL BE
TRANSFERRED TO THE BUREAU OF SPORT FISHERIES AND WILDLIFE FOR STUDIES,
INVESTIGATIONS, AND REPORTS THEREON AS REQUIRED BY THE FISH AND WILDLIFE
COORDINATION ACT OF 1958 (72 STAT. 563 - 565), TO PROVIDE THAT WILDLIFE
CONSERVATION SHALL RECEIVE EQUAL CONSIDERATION AND BE COORDINATED WITH
OTHER FEATURES OF WATER-RESOURCE DEVELOPMENT PROGRAMS OF THE DEPARTMENT
OF THE ARMY. //16 USC 661 NOTE.//
FOR THE PROSECUTION OF RIVER AND HARBOR, FLOOD CONTROL, SHORE
PROTECTION, AND RELATED PROJECTS AUTHORIZED BY LAW; AND DETAILED
STUDIES, AND PLANS AND SPECIFICATIONS, OF PROJECTS (INCLUDING THOSE FOR
DEVELOPMENT WITH PARTICIPATION OR UNDER CONSIDERATION FOR PARTICIPATION
BY STATES, LOCAL GOVERNMENTS, OR PRIVATE GROUPS) AUTHORIZED OR MADE
ELIGIBLE FOR SELECTION BY LAW (BUT SUCH STUDIES SHALL NOT CONSTITUTE A
COMMITMENT OF THE GOVERNMENT TO CONSTRUCTION): $873,589,000 TO REMAIN
AVAILABLE UNTIL EXPENDED: PROVIDED, THAT NO PART OF THIS APPROPRIATION
SHALL BE USED FOR PROJECTS NOT AUTHORIZED BY LAW OR WHICH ARE AUTHORIZED
BY LAW LIMITING THE AMOUNT TO BE APPROPRIATED THEREFOR, EXCEPT AS MAY BE
WITHIN THE LIMITS OF THE AMOUNT NOW OR
SC SD TN TX UT VT
SC SD TN TX UT VT
O ROW HEREAFTER AUTHORIZED TO BE APPROPRIATED: PROVIDED FURTHER,
THAT $1,100,000 OF THIS APPROPRIATION SHALL BE TRANSFERRED TO THE BUREAU
OF SPORT FISHERIES AND WILDLIFE FOR STUDIES, INVESTIGATIONS, AND REPORTS
THEREON AS REQUIRED BY THE FISH AND WILDLIFE COORDINATION ACT OF 1958
(72 STAT. 563 - 565) TO PROVIDE THAT WILDLIFE CONSERVATION SHALL RECEIVE
EQUAL CONSIDERATION AND BE COORDINATED WITH OTHER FEATURES OF
WATER-RESOURCE DEVELOPMENT PROGRAMS OF THE DEPARTMENT OF THE ARMY.
FOR EXPENSES NECESSARY FOR PROSECUTING WORK OF FLOOD CONTROL, AND
RESCUE WORK, REPAIR, RESTORATION, OR MAINTENANCE OF FLOOD CONTROL
PROJECTS THREATENED OR DESTROYED BY FLOOD, AS AUTHORIZED BY LAW (33 U.
S.C. 702A, 702G - 1), $150,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED:
PROVIDED, THAT NOT LESS THAN $250,000 SHALL BE AVAILABLE FOR BANK
STABILIZATION MEASURES AS DETERMINED BY THE CHIEF OF ENGINEERS TO BE
ADVISABLE FOR THE CONTROL OF BANK EROSION OF STREAMS IN THE YAZOO BASIN,
INCLUDING THE FOOTHILL AREA, AND WHERE NECESSARY SUCH MEASURES SHALL
COMPLEMENT SIMILAR WORKS PLANNED AND CONSTRUCTED BY THE SOIL
CONSERVATION SERVICE AND BE LIMITED TO THE AREAS OF RESPONSIBILITY
MUTUALLY AGREEABLE TO THE DISTRICT ENGINEER AND THE STATE
CONSERVATIONIST. //45 STAT. 534; 49 STAT. 1511.//
FOR EXPENSES NECESSARY FOR THE PRESERVATION, OPERATION, MAINTENANCE,
AND CARE OF EXISTING RIVER AND HARBOR, FLOOD CONTROL, AND RELATED WORKS,
INCLUDING SUCH SUMS AS MAY BE NECESSARY FOR THE MAINTENANCE OF HARBOR
CHANNELS PROVIDED BY A STATE, MUNICIPALITY OR OTHER PUBLIC AGENCY,
OUTSIDE OF HARBOR LINES, AND SERVING ESSENTIAL NEEDS OF GENERAL COMMERCE
AND NAVIGATION; ADMINISTRATION OF LAWS PERTAINING TO PRESERVATION OF
NAVIGABLE WATERS; SURVEYS AND CHARTING OF NORTHERN AND NORTHWESTERN
LAKES AND CONNECTING WATERS; CLEARING AND STRAIGHTENING CHANNELS; AND
REMOVAL OF OBSTRUCTIONS TO NAVIGATION; $409,125,000, TO REMAIN
AVAILABLE UNTIL EXPENDED.
FOR EXPENSES NECESSARY FOR EMERGENCY FLOOD CONTROL, HURRICANE, AND
SHORE PROTECTION ACTIVITIES, AS AUTHORIZED BY SECTION 5 OF THE FLOOD
CONTROL ACT, APPROVED AUGUST 18, 1941, AS AMENDED, $7,000,000, TO SC SD
TN TX UT VT
SC SD TN TX UT VT "
ARON CROW REMAIN AVAILABLE UNTIL EXPENDED. //69 STAT. 186; 76 STAT.
1194. 33 USC 701N.//
FOR EXPENSES NECESSARY FOR GENERAL ADMINISTRATION AND RELATED
FUNCTIONS IN THE OFFICE OF THE CHIEF OF ENGINEERS AND OFFICES OF THE
DIVISION ENGINEERS; ACTIVITIES OF THE BOARD OF ENGINEERS FOR RIVERS AND
HARBORS AND THE COASTAL ENGINEERING RESEARCH CENTER; COMMERCIAL
STATISTICS; AND MISCELLANEOUS INVESTIGATIONS; $32,883,000.
FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF OUTDOOR RECREATION
FACILITIES, INCLUDING COLLECTION OF SPECIAL RECREATION USE FEES, TO
REMAIN AVAILABLE UNTIL EXPENDED, $700,000, TO BE DERIVED FROM THE
SPECIAL ACCOUNT ESTABLISHED BY SECTION 4 (E) OF THE LAND AND WATER
CONSERVATION ACT OF 1965, AS AMENDED (16 U.S.C. 4601): PROVIDED, THAT
NOT MORE THAN FORTY PER CENTUM OF THE FOREGOING AMOUNT SHALL BE
AVAILABLE FOR THE ETHANCEMENT OF THE FEE COLLECTION SYSTEM ESTABLISHED
BY SECTION 4 OF SUCH ACT, INCLUDING THE PROMOTION AND ENFORCEMENT
THEREOF. //86 STAT. 459. 16 USC 4601 - 6A.//
APPROPRIATIONS IN THIS TITLE SHALL BE AVAILABLE FOR EXPENSES OF
ATTENDANCE BY MILITARY PERSONNEL AT MEETINGS IN THE MANNER AUTHORIZED BY
5 U.S.C. 4110, UNIFORMS, AND ALLOWANCES THEREFOR, AS AUTHORIZED BY LAW
(5 U.S.C. 5901 - 5902), AND FOR PRINTING, EITHER DURING A RECESS OR
SESSION OF CONGRESS, OF SURVEY REPORTS AUTHORIZED BY LAW, AND SUCH
SURVEY REPORTS AS MAY BE PRINTED DURING A RECESS OF CONGRESS SHALL BE
PRINTED, WITH ILLUSTRATIONS, AS DOCUMENTS OF THE NEXT SUCCEEDING SESSION
OF CONGRESS; AND DURING THE CURRENT FISCAL YEAR THE REVOLVING FUND,
CORPS OF ENGINEERS, SHALL BE AVAILABLE FOR PURCHASE (NOT TO EXCEED TWO
HUNDRED AND SEVENTEEN FOR REPLACEMENT ONLY), AND HIRE OF PASSENGER MOTOR
VEHICLES: PROVIDED, THAT THE TOTAL CAPITAL OF SAID FUND SHALL NOT
EXCEED $210,000,000. //80 STAT. 436. 80 STAT. 508; 81 STAT. 206.//
SC SD TN TX UT VT
SC SD TN TX UT VT
FOR NECESSARY CEMETERIAL EXPENSES AS AUTHORIZED BY LAW, INCLUDING
MAINTENANCE, OPERATION, AND IMPROVEMENT OF NATIONAL CEMETERIES, AND
PURCHASE OF HEADSTONES AND MARKERS FOR UNMARKED GRAVES; PURCHASE OF
SEVET PASSENGER MOTOR VEHICLES FOR REPLACEMENT ONLY; MAINTENANCE OF
THAT PORTION OF CONGRESSIONAL CEMETERY TO WHICH THE UNITED STATES HAS
TITLE, CONFEDERATE BURIAL PLACES UNDER THE JURISDICTION OF THE
DEPARTMENT OF THE ARMY, AND GRAVES USED BY THE ARMY IN COMMERCIAL
CEMETERIES, TO REMAIN AVAILABLE UNTIL EXPENDED, $24,078,000: PROVIDED,
THAT REIMBURSEMENT SHALL BE MADE TO THE APPLICABLE MILITARY
APPROPRIATION FOR THE PAY AND ALLOWANCES OF ANY MILITARY PERSONNEL
PERFORMING SERVICES PRIMARILY FOR THE PURPOSES OF THIS APPROPRIATION.
FOR CARRYING OUT THE FUNCTIONS OF THE BUREAU OF RECLAMATION AS
PROVIDED IN THE FEDERAL RECLAMATION LAWS (ACT OF JUNE 17, 1902, 32 STAT.
388, AND ACTS AMENDATORY THEREOF OR SXPPLEMENTARY THERETO) AND OTHER
ACTS APPLICABLE TO THAT BUREAU, AS FOLLOWS: //43 USC 371 AND NOTE.//
FOR ENGINEERING AND ECONOMIC INVESTIGATIONS OF PROPOSED FEDERAL
RECLAMATION PROJECTS AND STUDIES OF WATER CONSERVATION AND DEVELOPMENT
PLANS AND ACTIVITIES PRELIMINARY TO THE RECONSTRUCTION, REHABILITATION
AND BETTERMENT, FINANCIAL ADJUSTMENT, OR EXTENSION OF EXISTING PROJECTS,
TO REMAIN AVAILABLE UNTIL EXPENDED, $16,850,000: PROVIDED, THAT NONE OF
THIS APPROPRIATION SHALL BE USED FOR MORE THAN ONE-HALF OF THE COST OF
AN INVESTIGATION REQUESTED BY A STATE, MUNICIPALITY, OR OTHER INTEREST:
PROVIDED FURTHER, THAT $250,000 OF THIS APPROPRIATION SHALL BE
TRANSFERRED TO THE BUREAU OF SPORT FISHERIES AND WILDLIFE FOR STUDIES,
INVESTIGATIONS, AND REPORTS THEREON AS REQUIRED BY THE FISH AND WILDLIFE
COORDINATION ACT OF 1958 (72 STAT. 563 - 565) TO PROVIDE THAT WILDLIFE
CONSERVATION SHALL RECEIVE EQUAL CONSIDERATION AND BE COORDINATED WITH
OTHER FEATURES OF WATER-RESOURCE DEVELOPMENT PROGRAMS OF THE BUREAU OF
RECLAMATION. //16 USC 661 NOTE.//
FOR CONSTRUCTION AND REHABILITATION OF AUTHORIZED RECLAMATION
PROJECTS OR PARTS THEREOF (INCLUDING POWER TRANSMISSION FACILITIES) AND
FOR OTHER RELATED ACTIVITIES, AS AUTHORIZED BY LAW, TO REMAIN AVAILABLE
UNTIL EXPENDED, $194,275,000, OF WHICH $115,000,000 SHALL BE DERIVED
FROM THE RECLAMATION FUND: PROVIDED, THAT NO PART OF THIS APPROPRIATION
SHALL BE USED TO INITIATE THE CONSTRUCTION OF TRANSMISSION FACILITIES
WITHIN THOSE AREAS COVERED BY POWER WHEELING SERVICE CONTRACTS WHICH
INCLUDE PROVISION FOR SERVICE TO FEDERAL ESTABLISHMENTS AND PREFERRED
CUSTOMERS, EXCEPT THOSE TRANSMISSION FACILITIES FOR WHICH CONSTRUCTION
FUNDS HAVE BEEN HERETOFORE APPROPRIATED, THOSE FACILITIES WHICH ARE
NECESSARY TO CARRY OUT THE TERMS OF SUCH CONTRACTS OR THOSE FACILITIES
FOR WHICH THE SECRETARY OF THE INTERIOR FINDS THE WHEELING AGENCY IS
UNABLE OR UNWILLING TO PROVIDE FOR THE INTEGRATION OF FEDERAL PROJECTS
OR FOR SERVICE TO A FEDERAL ESTABLISHMENT OR PREFERRED CUSTOMER:
PROVIDED FURTHER, THAT THE FINAL POINT OF DISCHARGE FOR THE INTERCEPTOR
DRAIN FOR THE SAN LUIS UNIT SHALL NOT BE DETERMINED UNTIL DEVELOPMENT BY
THE SECRETARY OF THE INTERIOR AND THE STATE OF CALIFORNIA OF A PLAN,
WHICH SHALL CONFORM WITH THE WATER QUALITY STANDARDS OF THE STATE OF
CALIFORNIA AS APPROVED BY THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY, TO MINIMIZE ANY DETRIMENTAL EFFECT OF THE SAN LUIS
DRAINAGE WATERS.
FOR THE UPPER COLORADO RIVER STORAGE PROJECT, AS AUTHORIZED BY THE
ACT OF APRIL 11, 1956, AS AMENDED (43 U.S.C. 620D), TO REMAIN AVAILABLE
UNTIL EXPENDED, $25,026,000, OF WHICH $24,426,000 SHALL BE AVAILABLE FOR
THE "UPPER COLORADO RIVER BASIN FUND" AUTHORIZED BY SECTION 5 OF SAID
ACT OF APRIL 11, 1956, //70 STAT. 107.// AND $600,000 SHALL BE AVAILABLE
FOR CONSTRUCTION OF RECREATIONAL AND FISH AND WILDLIFE FACILITIES
AUTHORIZED BY SECTION 8 THEREOF, AND MAY BE EXPENDED BY BUREAUS OF THE
DEPARTMENT THROUGH OR IN COOPERATION WITH STATE OR OTHER FEDERAL
AGENCIES, AND ADVANCES TO SUCH FEDERAL AGENCIES ARE HEREBY AUTHORIZED:
PROVIDED, THAT NO PART OF THE FUNDS HEREIN APPROVED SHALL BE AVAILABLE
FOR CONSTRUCTION OR OPERATION OF FACILITIES TO PREVENT WATERS OF LAKE
POWELL FROM ENTERING ANY NATIONAL MONUMENT. //43 USC 620G.//
SC SD TN TX UT VT
SC SD TN TX UT VT
SHARON CROW
FOR ADVANCES TO THE LOWER COLORADO RIVER BASIN DEVELOPMENT FUND, AS
AUTHORIZED BY SECTION 403 OF THE ACT OF SEPTEMBER 30, 1968 (82 STAT.
894), FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF PROJECTS
AUTHORIZED BY TITLE III OF SAID ACT, TO REMAIN AVAILABLE UNTIL EXPENDED,
$66,000,000, OF WHICH $52,500,000 IS FOR LIQUIDATION OF CONTRACT
AUTHORITY PROVIDED BY SECTION 303 (B) OF SAID ACT. //43 USC 1543. 43
USC 1521. 43 USC 1523.//
FOR OPERATION AND MAINTENANCE OF RECLAMATION PROJECTS OR PARTS
THEREOF AND OTHER FACILITIES, AS AUTHORIZED BY LAW; AND FOR A SOIL AND
MOISTURE CONSERVATION PROGRAM ON LANDS UNDER THE JURISDICTION OF THE
BUREAU OF RECLAMATION, PURSUANT TO LAW, $82,000,000, OF WHICH
$66,565,000 SHALL BE DERIVED FROM THE RECLAMATION FUND AND $3,142,000
SHALL BE DERIVED FROM THE COLORADO RIVER DAM FUND: PROVIDED, THAT FUNDS
ADVANCED BY WATER USERS FOR OPERATION AND MAINTENANCE OF RECLAMATION
PROJECTS OR PARTS THEREOF SHALL BE DEPOSITED TO THE CREDIT OF THIS
APPROPRIATION AND MAY BE EXPENDED FOR THE SAME OBJECTS AND IN THE SAME
MANNER AS SUMS APPROPRIATED HEREIN MAY BE EXPENDED, AND THE UNEXPENDED
BALANCES OF SUCH ADVANCES SHALL BE CREDITED TO THE APPROPRIATION FOR THE
NEXT SUCCEEDING FISCAL YEAR.
FOR LOANS TO IRRIGATION DISTRICTS AND OTHER PUBLIC AGENCIES FOR
CONSTRUCTION OF DISTRIBUTION SYSTEMS ON AUTHORIZED FEDERAL RECLAMATION
PROJECTS, AND FOR LOANS AND GRANTS TO NON-FEDERAL AGENCIES FOR
CONSTRUCTION OF PROJECTS, AS AUTHORIZED BY THE ACTS OF JULY 4, 1955, AS
AMENDED (43 U.S.C. 421A - 421D), AND AUGUST 6, 1956 (43 U.S.C. 422A -
422K), AS AMENDED, INCLUDING EXPENSES NECESSARY FOR CARRYING OUT THE
PROGRAMS, $18,422,000, TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED,
THAT ANY CONTRACT UNDER THE ACT OF JULY 4, 1955 (69 STAT. 244), AS
AMENDED, NOT YET EXECUTED BY THE SECRETARY, WHICH CALLS FOR THE MAKING
OF LOANS BEYOND THE FISCAL YEAR IN WHICH THE CONTRACT IS ENTERED INTO
SHALL BE MADE ONLY ON THE SAME CONDITIONS AS THOSE PRESCRIBED IN SECTION
12 OF THE ACT OF AUGUST 4, 1939 (53 STAT. 1187, 1197). //86 STAT. 804.
70 STAT. 1044; 85 STAT. 488. 43 USC 388.//
FOR AN ADDITIONAL AMOUNT FOR THE "EMERGENCY FUND", AS AUTHORIZED BY
THE ACT OF JUNE 26, 1948 (43 U.S.C. 502), TO REMAIN AVAILABLE UNTIL
EXPENDED FOR THE PURPOSES SPECIFIED IN SAID ACT, $600,000, TO BE DERIVED
FROM THE RECLAMATION FUND: PROVIDED, THAT THE POST FALLS IRRIGATION
DISTRICT, RATHDRUM PRAIRIE PROJECT, IDAHO, BE ELIGIBLE FOR USE OF
EMERGENCY FUNDS HEREIN APPROPRIATED UNDER THE ACT OF JUNE 26, 1948 (62
STAT. 1052), WITH REPAYMENT TO BE ACCOMPLISHED UNDER CONDITIONS
SATISFACTORY TO THE SECRETARY OF THE INTERIOR. //62 STAT. 1052.//
FOR NECESSARY EXPENSES OF GENERAL ADMINISTRATION AND RELATED
FUNCTIONS IN THE OFFICES OF THE COMMISSIONER OF RECLAMATION AND IN THE
REGIONAL OFFICES OF THE BUREAU OF RECLAMATION, $17,120,000, TO BE
DERIVED FROM THE RECLAMATION FUND AND TO BE NONREIMBURSABLE PURSUANT TO
THE ACT OF APRIL 19, 1945 (43 U.S.C. 377): PROVIDED, THAT NO PART OF
ANY OTHER APPROPRIATION IN THIS ACT SHALL BE AVAILABLE FOR ACTIVITIES OR
FUNCTIONS BUDGETED FOR THE CURRENT FISCAL YEAR AS GENERAL ADMINISTRATIVE
EXPENSES. //59 STAT. 54.//
SUMS HEREIN REFERRED TO AS BEING DERIVED FROM THE RECLAMATION FUND,
THE COLORADO RIVER DAM FUND, OR THE COLORADO RIVER DEVELOPMENT FUND, ARE
APPROPRIATED FROM THE SPECIAL FUNDS IN THE TREASURY CREATED BY THE ACT
OF JUNE 17, 1902 (43 U.S.C. 391), THE ACT OF DECEMBER 21, 1928 (43
U.S.C. 617A), AND THE ACT OF JULY 19, 1940 (43 U.S.C. 618A)
RESPECTIVELY. SUCH SUMS SHALL BE TRANSFERRED, UPON REQUEST OF THE
SECRETARY, TO BE MERGED WITH AND EXPENDED UNDER THE HEADS HEREIN
SPECIFIED; AND THE UNEXPENDED BALANCES OF SUMS TRANSFERRED FOR
EXPENDITURE UNDER THE HEADS "OPERATION AND MAINTENANCE" AND "GENERAL
ADMINISTRATIVE EXPENSES" SHALL REVERT AND BE CREDITED TO THE SPECIAL
FUND FROM WHICH DERIVED. //32 STAT. 388. 45 STAT. 1057. 54 STAT.
774.//
APPROPRIATIONS TO THE BUREAU OF RECLAMATION SHALL BE AVAILABLE FOR
PURCHASE OF NOT TO EXCEED THIRTY PRSSENGER MOTOR VEHICLES FOR
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SHARON CROW REPLACEMENT ONLY; PURCHASES OF ONE AIRCRAFT FOR REPLACEMENT
ONLY; PAYMENT OF CLAIMS FOR DAMAGE TO OR LOSS OF PROPERTY, PERSONAL
INJURY, OR DEATH ARISING OUT OF ACTIVITIES OF THE BUREAU OF RECLAMATION;
PAYMENT, EXCEPT AS OTHERWISE PROVIDED FOR, OF COMPENSATION AND EXPENSES
OF PERSONS ON THE ROLLS OF THE BUREAU OF RECLAMATION APPOINTED AS
AUTHORIZED BY LAW TO REPRESENT THE UNITED STATES IN THE NEGOTIATIONS AND
ADMINISTRATION OF INTERSTATE COMPACTS WITHOUT REIMBURSEMENT OR RETURN
UNDER THE RECLAMATION LAWS; REWARDS FOR INFORMATION OR EVIDENCE
CONCERNING VIOLATION OF LAW INVOLVING PROPERTY UNDER THE JURISDICTION OF
THE BUREAU OF RECLAMATION; PERFORMANCE OF THE FUNCTIONS SPECIFIED UNDER
THE HEAD "OPERATION AND MAINTENANCE ADMINISTRATION" BUREAU OF
RECLAMATION, IN THE INTERIOR DEPARTMENT APPROPRIATION ACT, 1945;
PREPARATION AND DISSEMINATION OF USEFUL INFORMATION INCLUDING
RECORDINGS, PHOTOGRAPHS, AND PHOTOGRAPHIC PRINTS; AND STUDIES OF
RECREATIONAL USES OF RESERVOIR AREAS, AND INVESTIGATION AND RECOVERY OF
ARCHEOLOGICAL AND PALEONTOLOGICAL REMAINS IN SUCH AREAS IN THE SAME
MANNER AS PROVIDED FOR IN THE ACT OF AUGUST 21, 1935 (16 U.S.C. 461 -
467): PROVIDED, THAT NO PART OF ANY APPROPRIATION MADE HEREIN SHALL BE
AVAILABLE PURSUANT TO THE ACT OF APRIL 19, 1945 (43 U.S.C. 377), FOR
EXPENSES OTHER THAN THOSE INCURRED ON BEHALF OF SPECIFIC RECLAMATION
PROJECTS EXCEPT "GENERAL ADMINISTRATIVE EXPENSES" AND AMOUNTS PROVIDED
FOR RECONNAISSANCE, BASIN SURVEYS, AND GENERAL ENGINEERING AND RESEARCH
UNDER THE HEAD "GENERAL INVESTIGATIONS". //32 STAT. 388. 43 USC 371
AND NOTE. 58 STAT. 487. 49 STAT. 666. 59 STAT. 54.//
SUMS APPROPRIATED HEREIN WHICH ARE EXPENDED IN THE PERFORMANCE OF
REIMBURSABLE FUNCTIONS OF THE BUREAU OF RECLAMATION SHALL BE RETURNABLE
TO THE EXTENT AND IN THE MANNER PROVIDED BY LAW.
NO PART OF ANY APPROPRIATION FOR THE BUREAU OF RECLAMATION, CONTAINED
IN THIS ACT OR IN ANY PRIOR ACT, WHICH REPRESENTS AMOUNTS EARNED UNDER
THE TERMS OF A CONTRACT BUT REMAINING UNPAID, SHALL BE OBLIGATED FOR ANY
OTHER PURPOSE, REGARDLESS OF WHICH SUCH AMOUNTS ARE TO BE PAID:
PROVIDED, THAT THE INCURRING OF ANY OBLIGATION PROHIBITED BY THIS
PARAGRAPH SHALL BE DEEMED A VIOLATION OF SECTION 3679 OF THE REVISED
STATUTES, AS AMENDED (31 U.S.C. 665).
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NO FUNDS APPROPRIATED TO THE BUREAU OF RECLAMATION FOR OPERATION AND
MAINTENANCE, EXCEPT THOSE DERIVED FROM ADVANCES BY WATER USERS, SHALL BE
USED FOR THE PARTICULAR BENEFITS OF LANDS (A) WITHIN THE BOUNDARIES OF
AN IRRIGATION DISTRICT, (B) OF ANY MEMBER OF A WATER USERS'
ORGANIZATION, OR (C) OF ANY INDIVIDUAL WHEN SUCH DISTRICT, ORGANIZATION,
OR INDIVIDUAL IS IN ARREARS FOR MORE THAN TWELVE MONTHS IN THE PAYMENT
OF CHARGES DUE UNDER A CONTRACT ENTERED INTO WITH THE UNITED STATES
PURSUANT TO LAWS ADMINISTERED BY THE BUREAU OF RECLAMATION.
NOT TO EXCEED $225,000 MAY BE EXPENDED FROM THE APPROPRIATION
"CONSTRUCTION AND REHABILITATION" FOR WORK BY FORCE ACCOUNT ON ANY ONE
PROJECT OR PICK-SLOAN MISSOURI BASIN PROGRAM UNIT AND THEN ONLY WHEN
SUCH WORK IS UNSUITABLE FOR CONTRACT OR NO ACCEPTABLE BID HAS BEEN
RECEIVED AND, OTHER THAN OTHERWISE PROVIDED IN THIS PARAGRAPH OR AS MAY
BE NECESSARY TO MEET LOCAL EMERGENCIES, NOT TO EXCEED 12 PER CENTUM OF
THE CONSTRUCTION ALLOTMENT FOR ANY PROJECT FROM THE APPROPRIATION
"CONSTRUCTION AND REHABILITATION" CONTAINED IN THIS ACT, SHALL BE
AVAILABLE FOR CONSTRUCTION WORK BY FORCE ACCOUNT" PROVIDED, THAT THIS
PARAGRAPH SHALL NOT APPLY TO WORK PERFORMED UNDER THE REHABILITATION AND
BETTERMENT ACT OF 1949 (63 STAT. 724). //64 STAT. 11. 43 USC 504 AND
NOTE.//
FOR ENGINEERING AND ECONOMIC INVESTIGATIONS TO PROMOTE THE
DEVELOPMENT AND UTILIZATION OF THE WATER, POWER AND RELATED RESOURCES OF
ALASKA, $513,000 TO REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT
$10,000 OF THIS APPROPRIATION SHALL BE TRANSFERRED TO THE BUREAU OF
SPORT FISHERIES AND WILDLIFE FOR STUDIES, INVESTIGATIONS, AND RPEORTS
THEREON, AS REQUIRED BY THE FISH AND WILDLIFE COORDINATION ACT OF 1958
(72 STAT. 563 - 565). //16 USC 661 NOTE.//
FOR NECESSARY EXPENSES OF OPERATION AND MAINTENANCE OF PROJECTS IN
ALASKA AND OF MARKETING ELECTRIC POWER AND ENERGY, $756,000.
FOR CONSTRUCTION AND ACQUISITION OF TRANSMISSION LINES, SUBSTATIONS,
AND APPURTENANT FACILITIES, AS AUTHORIZED BY LAW, AND PURCHASE OF ONE
AIRCRAFT FOR REPLACEMENT ONLY, $97,500,000, TO REMAIN AVAILABLE UNTIL
EXPENDED.
FOR NECESSARY EXPENSES OF OPERATION AND MAINTENANCE OF THE BONNEVILLE
TRANSMISSION SYSTEM AND OF MARKETING ELECTRIC POWER AND ENERGY,
$33,300,000.
APPROPRIATIONS OF THE BONNEVILLE POWER ADMINISTRATION SHALL BE
AVAILABLE TO CARRY OUT ALL THE DUTIES IMPOSED UPON THE ADMINISTRATOR
PURSUANT TO LAW. APPROPRIATIONS MADE HEREIN TO THE BONNEVILLE POWER
ADMINISTRATION SHALL BE AVAILABLE IN ONE FUND, EXCEPT THAT THE
APPROPRIATION HEREIN MADE FOR OPERATION AND MAINTENANCE SHALL BE
AVAILABLE ONLY FOR THE SERVICE OF THE CURRENT FISCAL YEAR.
OTHER THAN AS MAY BE NECESSARY TO MEET LOCAL EMERGENCIES, NOT TO
EXCEED 12 PER CENTUM OF THE APPROPRIATION FOR CONSTRUCTION HEREIN MADE
FOR THE BONNEVILLE POWER ADMINISTRATION SHALL BE AVAILABLE FOR
CONSTRUCTION WORK BY FORCE ACCOUNT OR ON A HIRED-LABOR BASIS.
FOR NECESSARY EXPENSES OF OPERATION AND MAINTENANCE OF POWER
TRANSMISSION FACILITIES AND OF MARKETING ELECTRIC POWER AND ENERGY
PURSUANT TO THE PROVISIONS OF SECTION 5 OF THE FLOOD CONTROL ACT OF 1944
(16 U.S.C. 825S), AS APPLIED TO THE SOUTHEASTERN POWER AREA, $900,000.
//58 STAT. 890.//
FOR CONSTRUCTION AND ACQUISITION OF TRANSMISSION LINES, SUBSTATIONS,
AND APPURTENANT FACILITIES, AND FOR ADMINISTRATIVE EXPENSES CONNECTED
THEREWITH, IN CARRYING OUT THE PROVISIONS OF SECTION 5 OF THE FLOOD
CONTROL ACT OF 1944 (16 U.S.C 825S), AS APPLIED TO THE SOUTHWESTERN
POWER AREA, $465,000, TO REMAIN AVAILABLE UNTIL EXPENDED. //58 STAT.
890.// SC SD TN TX UT VT
SC SD TN TX UT VT
SHARON CROW
FOR NECESSARY EXPENSES OF OPERATION AND MAINTENANCE OF POWER
TRANSMISSION FACILITIES AND OF MARKETING ELECTRIC POWER AND ENERGY
PURSUANT TO THE PROVISIONS OF SECTION 5 OF THE FLOOD CONTROL ACT OF 1944
(16 U.S.C. 825S), AS APPLIED TO THE SOUTHWESTERN POWER AREA, INCLUDING
PURCHASE OF NOT TO EXCEED ONE PASSENGER MOTOR VEHICLE FOR REPLACEMENT
ONLY, $5,220,000.
FOR NECESSARY EXPENSES OF RESEARCH AND DEVELOPMENT IN UNDERGROUND
ELECTRIC POWER TRANSMISSION, $750,000, TO REMAIN AVAILABLE UNTIL
EXPENDED.
SEC. 301. APPROPRIATIONS IN THIS TITLE SHALL BE AVAILABLE FOR
EXPENDITURE OR TRANSFER (WITHIN EACH BUREAU OR OFFICE), WITH THE
APPROVAL OF THE SECRETARY, FOR THE EMERGENCY RECONSTRUCTION,
REPLACEMENT, OR REPAIR OF AIRCRAFT, BUILDINGS, UTILITIES, OR OTHER
FACILITIES OR EQUIPMENT DAMAGED OR DESTROYED BY FIRE, FLOOD, STORM, OR
OTHER UNAVOIDABLE CAUSES: PROVIDED, THAT NO FUNDS SHALL BE MADE
AVAILABLE UNDER THIS AUTHORITY UNTIL FUNDS SPECIFICALLY MADE AVAILABLE
TO THE DEPARTMENT OF THE INTERIOR FOR EMERGENCIES SHALL HAVE BEEN
EXHAUSTED.
SEC. 302. THE SECRETARY MAY AUTHORIZE THE EXPENDITURE OR TRANSFER
(WITHIN EACH BUREAU OR OFFICE) OF ANY APPROPRIATION IN THIS TITLE, IN
ADDITION TO THE AMOUNTS INCLUDED IN THE BUDGET PROGRAMS OF THE SEVERAL
AGENCIES, FOR THE SUPPRESSION OR EMERGENCY PREVENTION OF FOREST OR RANGE
FIRES ON OR THREATENING LANDS UNDER JURISDICTION OF THE DEPARTMENT OF
THE INTERIOR.
SEC. 303. APPROPRIATIONS IN THIS TITLE SHALL BE AVAILABLE FOR
OPERATION OF WAREHOUSES, GARAGES, SHOPS, AND SIMILAR FACILITIES,
WHEREVER CONSOLIDATION OF ACTIVITIES WILL CONTRIBUTE TO EFFICIENCY, OR
ECONOMY, AND SAID APPROPRIATIONS SHALL BE REIMBURSED FOR SERVICES
RENDERED TO ANY OTHER ACTIVITY IN THE SAME MANNER AS AUTHORIZED BY THE
ACT OF JUNE 30, 1932 (31 U.S.C. 686): PROVIDED, THAT REIMBURSEMENTS FOR
COSTS OF SUPPLIES, MATERIALS, AND EQUIPMENT, AND FOR SERVICES RENDERED
MAY BE CREDITED TO THE APPROPRIATION CURRENT AT THE TIME SUCH
REIMBURSEMENTS ARE RECEIVED. //47 STAT. 417.//
SEC. 304. NO PART OF ANY FUNDS MADE AVAILABLE BY THIS ACT TO THE
SOUTHWESTERN POWER ADMINISTRATION MAY BE MADE AVAILABLE TO ANY OTHER
AGENCY, BUREAU, OR OFFICE FOR ANY PURPOSES OTHER THAN FOR SERVICES
RENDERED PURSUANT TO LAW TO THE SOUTHWESTERN POWER ADMINISTRATION.
FOR NECESSARY EXPENSES OF THE FEDERAL COCHAIRMAN AND HIS ALTERNATE ON
THE APPALACHIAN REGIONAL COMMISSION AND FOR PAYMENT OF THE FEDERAL SHARE
OF THE ADMINISTRATIVE EXPENSES OF THE COMMISSION, INCLUDING SERVICES AS
AUTHORIZED BY 5 U.S.C. 3109, AND HIRE OF PASSENGER MOTOR VEHICLES,
$1,492,000. //80 STAT. 416.//
FOR EXPENSES NECESSARY TO CARRY OUT THE PROGRAMS AUTHORIZED BY THE
APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965, AS AMENDED, EXCEPT
EXPENSES AUTHORIZED BY SECTION 105 OF SAID ACT, INCLUDING SERVICES AS
AUTHORIZED BY 5 U.S.C. 3109, AND HIRE OF PASSENGER MOTOR VEHICLES, TO
REMAIN AVAILABLE NTIL EXPENDED, $270,000,000, OF WHICH $155,000,000
SHALL BE AVAILABLE FOR THE APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM, BUT
NO PART OF ANY APPROPRIATION IN THIS ACT SHALL BE AVAILABLE FOR EXPENSES
IN CONNECTION WITH COMMITMENTS FOR CONTRACTS OR GRANTS FOR THE
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM IN EXCESS OF THE TOTAL AMOUNT
HEREIN AND HERETOFORE APPROPRIATED. //79 STAT. 5. 40 USC APP. 1.//
FOR EXPENSES NECESSARY TO CARRY OUT THE FUNCTIONS OF THE UNITED
SC SD TN TX UT VT
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STATES MEMBER OF THE DELAWARE RIVER BASIN COMMISSION, AS AUTHORIZED BY
LAW (75 STAT. 716), $69,000.
FOR PAYMENT OF THE UNITED STATES SHARE OF THE CURRENT EXPENSES OF THE
DELAWARE RIVER BASIN COMMISSION, AS AUTHORIZED BY LAW (75 STAT. 706,
707), $242,000.
FOR EXPENSES NECESSARY FOR THE WORK OF THE COMMISSION, AS AUTHORIZED
BY LAW, INCLUDING HIRE OF PASSENGER MOTOR VEHICLES, SERVICES AS
AUTHORIZED BY 5 U.S.C. 3109, AND NOT TO EXCEED $1,000 FOR OFFICIAL
RECEPTION AND REPRESENTATION EXPENSES, $27,000,000.
TO ENABLE THE SECRETARY OF THE TREASURY TO PAY IN ADVANCE TO THE
INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN THE FEDERAL
CONTRIBUTION TOWARD THE EXPENSES OF THE COMMISSION DURING THE CURRENT
FISCAL YEAR IN THE ADMINISTRATION OF ITS BUSINESS IN THE CONSERVANCY
DISTRICT ESTABLISHED PURSUANT TO THE ACT OF JULY 11, 1940 (54 STAT.
748), AS AMENDED BY THE ACT OF SEPTEMBER 25, 1970 (PUBLIC LAW 91 - 407);
$34,000. //84 STAT. 856. 33 USC 567B - 1.//
FOR EXPENSES NECESSARY TO CARRY OUT THE FUNCTIONS OF THE UNITED
STATES MEMBER OF THE SUSQUEHANNA RIVER BASIN COMMISSION, AS AUTHORIZED
BY LAW (84 STAT. 1541), $71,000.
FOR PAYMENT OF THE UNITED STATES SHARE OF THE CURRENT EXPENSES OF THE
SUSQUEHANNA RIVER BASIN COMMISSION, AS AUTHORIZED BY LAW (84 STAT.
1530, 1531), $150,000.
FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THE TENNESSEE
VALLEY AUTHORITY ACT OF 1933, AS AMENDED (16 U.S.C., CH. 12A), INCLUDING
HIRE, MAINTENANCE, AND OPERATION OF AIRCRAFT, AND HIRE OF PASSENGER
MOTOR VEHICLES, $45,676,000, TO REMAIN AVAILABLE UNTIL EXPENDED:
PROVIDED, THAT THIS APPROPRIATION AND OTHER FUNDS AVAILABLE TO THE
TENNESSEE VALLEY AUTHORITY SHALL BE AVAILABLE FOR THE PURCHASE OF NOT TO
EXCEED ONE AIRCRAFT FOR REPLACEMENT ONLY, AND THE PURCHASE OF NOT TO
EXCEED TWO HUNDRED AND THIRTY-SIX PASSENGER MOTOR VEHICLES FOR
REPLACEMENT ONLY. //48 STAT. 58. 16 USC 831.//
FOR EXPENSES NECESSARY IN CARRYING OUT THE PROVISIONS OF THE WATER
RESOURCES PLANNING ACT OF 1965 (42 U.S.C. 1962 - 1962D - 5), INCLUDING
SERVICES AS AUTHORIZED BY 5 U.S.C. 3109, BUT AT RATES NOT TO EXCEED $100
PER DIEM FOR INDIVIDUALS, AND HIRE OF PASSENGER MOTOR VEHICLES,
$7,417,000, TO REMAIN AVAILABLE UNTIL EXPENDED, INCLUDING $1,180,000,
FOR CARRYING OUT THE PROVISIONS OF TITLE I AND ADMINISTERING THE
PROVISIONS OF TITLES II, III, AND IV OF THE ACT, $2,775,000, FOR
PREPARATION OF ASSESSMENTS AND MANAGEMENT OF PLANS, $1,062,000, FOR
EXPENSES OF RIVER BASIN COMMISSIONS UNDER TITLE II OF THE ACT, AND
$2,400,000, FOR GRANTS TO STATES UNDER TITLE III OF THE ACT: PROVIDED,
THAT THE SHARE OF THE EXPENSES OF ANY RIVER BASIN COMMISSION BORNE BY
THE FEDERAL GOVERNMENT PURSUANT TO TITLE II OF THE ACT SHALL NOT EXCEED
$250,000 ANNUALLY FOR RECURRING OPERATING EXPENSES, INCLUDING THE SALARY
AND EXPENSES OF THE CHAIRMAN. //79 STAT. 244. 80 STAT. 416.//
SEC. 501. 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. 502. NOTWITHSTANDING THE PROVISIONS OF SECTION 301 OF THE
SECOND SUPPLEMENTAL APPROPRIATIONS ACT, 1973 (PUBLIC LAW 93 - 50),
APPROPRIATIONS CONTAINED IN THAT ACT SHALL REMAIN AVAILABLE FOR
OBLIGATION FOR A PERIOD OF 20 DAYS FOLLOWING THE ENACTMENT OF THIS ACT
INTO LAW. //87 STAT. 129.//
THIS ACT MAY BE CITED AS THE "PUBLIC WORKS FOR WATER AND POWER
DEVELOPMENT AND ATOMIC ENERGY COMMISSION APPROPRIATION ACT, 1974".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 327 (COMM. ON APPROPRIATIONS) AND
NO. 93 - 409 (COMM. OF CONFERENCE).
SETATE REPORT NO. 93 - 338 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 28, CONSIDERED AND PASSED HOUSE. JULY 23, CONSIDERED AND
PASSED SENATE, AMENDED. JULY 30, HOUSE AND SENATE AGREED TO
CONFERENCE REPORT.
PUBLIC LAW 93-96, 87 STAT. 315, NATIONAL SCIENCE FOUNDATION
AUTHORIZATION ACT OF 1974.
TO AUTHORIZE APPROPRIATIONS FOR ACTIVITIES OF THE NATIONAL
SCIENCE FOUNDATION, 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 HEREBY
AUTHORIZED TO BE APPROPRIATED TO THE NATIONAL SCIENCE FOUNDATION FOR THE
FISCAL YEAR ENDING JUNE 30, 1974, FOR THE FOLLOWING CATEGORIES:
(1) SCIENTIFIC RESEARCH PROJECT SUPPORT, $285,000,000.
(2) NATIONAL AND SPECIAL RESEARCH PROGRAMS, $105,600,000.
(3) NATIONAL RESEARCH CENTERS, $46,000,000.
(4) COMPUTING ACTIVITIES IN EDUCATION AND RESEARCH, $8,200,000.
(5) SCIENCE INFORMATION ACTIVITIES, $8,300,000.
(6) INTERNATIONAL COOPERATIVE SCIENTIFIC ACTIVITIES,
$6,200,000.
(7) RESEARCH APPLIED TO NATIONAL NEEDS, $91,000,000.
(8) INTERGOVERNMENTAL SCIENCE PROGRAM, $1,000,000.
(9) INSTITUTIONAL IMPROVEMENT FOR SCIENCE, $2,000,000.
(10) GRADUATE STUDENT SUPPORT, $11,500,000.
(11) SCIENCE EDUCATION IMPROVEMENT, $35,200,000.
(12) PLANNING AND POLICY STUDIES, $2,600,000.
(13) PROGRAM DEVELOPMENT AND MANAGEMENT, $30,000,000.
SEC. 2. (A) ANY AMOUNTS WHICH WERE AUTHORIZED AND APPROPRIATED TO
THE NATIONAL SCIENCE FOUNDATION FOR THE FISCAL YEAR ENDING JUNE 30,
1973, OR ANY PRIOR FISCAL YEAR, BUT WHICH REMAINED UNOBLIGATED AS OF THE
CLOSE OF THE FISCAL YEAR ENDING JUNE 30, 1973, SHALL BE MERGED WITH AND
ADDED TO THE AMOUNTS AUTHORIZED BY SECTION 1 OF THIS ACT.
(B) NOTHWITHSTANDING ANY OTHER PROVISION OF THIS OR ANY OTHER ACT--
(1) OF THE TOTAL AMOUNT AUTHORIZED FOR THE PURPOSE OF OF
"NATIONAL AND SPECIAL RESEARCH PROGRAMS" UNDER CATEGORY (2) OF
SECTION 1 AND SUBSECTION (A) OF THIS SECTION, NOT LESS THAN
$6,000,000 SHALL BE AVAILABLE FOR OCEANOGRAPHY-RELATED PROGRAMS,
INCLUDING SHIP CONSTRUCTION/CONVERSION;
(2) OF THE TOTAL AMOUNT AUTHORIZED FOR THE PURPOSE OF "RESEARCH
APPLIED TO NATIONAL NEEDS" UNDER CATEGORY (7) OF SECTION 1 AND
SUBSECTION (A) OF THIS SECTION, NOT LESS THAN $25,000,000 SHALL BE
AVAILABLE FOR ENERGY RESEARCH AND TECHNOLOGY PROGRAMS, INCLUDING
BUT NOT LIMITED TO SOLAR, GEOTHERMAL, AND OTHER NONCONVENTIONAL
ENERGY SOURCES, AND NOT LESS THAN $8,000,000 SHALL BE AVAILABLE
FOR EARTHQUAKE ENGINEERING PROGRAMS;
(3) OF THE TOTAL AMOUNT AUTHORIZED UNDER SECTION 1 AND
SUBSECTION (A) OF THIS SECTION, NOT LESS THAN $10,000,000 SHALL BE
AVAILABLE FOR THE PURPOSE OF "INSTITUTIONAL IMPROVEMENT FOR
SCIENCE":
(4) OF THE TOTAL AMOUNT AUTHROIZED UNDER SECTION 1 AND
SUB-SECTION (A) OF THIS SECTION, NOT LESS THAN $13,000,000 SHALL
BE AVAILABLE FOR THE PURPOSE OF "GRADUATE STUDENT SUPPORT"; //87
STAT. 316// AND
(5) OF THE TOTAL AMOUNT AUTHORIZED UNDER SECTION 1 AND
SUB-SECTION (A) OF THIS SECTION, NOT LESS THAN $67,500,000 SHALL
BE AVAILABLE FOR THE PURPOSE OF "SCIENCE EDUCATION IMPROVEMENT".
SEC. 3. APPROPRIATIONS MADE PURSUANT TO THIS ACT MAY BE USED, BUT
NOT TO EXCEED $5,000, FOR OFFICIAL CONSULTATION, REPRESENTATION, OR
OTHER EXTRAORDINARY EXPENSES UPON THE APPROVAL OR AUTHORITY OF THE
DIRECTOR OF THE NATIONAL SCIENCE FOUNDATION, AND HIS DETERMINATION SHALL
BE FINAL AND CONCLUSIVE UPON THE ACCOUNTING OFFICERS OF THE GOVERNMENT.
SEC. 4. IN ADDITION TO SUCH SUMS AS ARE AUTHORIZED BY THE PRECEDING
PROVISIONS OF THIS ACT, NOT TO EXCEED $3,000,000 IS AUTHORIZED TO BE
APPROPRIATED FOR THE FISCAL YEAR ENDING JUNE 30, 1974, FOR EXPENSES OF
THE NATIONAL SCIENCE FOUNDATION INCURRED OUTSIDE THE UNITED STATES
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SHARON CROW TO BE PAID IN FOREIGN CURRENCIES WHICH THE TREASURY
DEPARTMENT DETERMINES TO BE EXCESS TO THE NORMAL REQUIREMENTS OF THE
UNITED STATES.
SEC. 5. APPROPRIATIONS MADE PURSUANT TO AUTHORITY PROVIDED IN
SECTIONS 1, 3, AND 4, SHALL REMAIN AVAILABLE FOR OBLIGATIONS, FOR
EXPENSITURE, OR FOR OBLIGATION AND EXPENDITURE, FOR SUCH PERIOD OR
PERIODS AS MAY BE SPECIFIED IN ACTS MAKING SUCH APPROPRIATIONS.
SEC. 6. NO FUNDS MAY BE TRANSFERRED FROM ANY PARTICULAR CATEGORY
LISTED IN SECTION 1 TO ANY OTHER CATEGORY OR CATEGORIES LISTED IN SUCH
SECTION IF THE TOTAL OF THE FUNDS SO TRANSFERRED FROM THAT PARTICULAR
CATEGORY WOULD EXCEED 10 PER CENTUM THEREOF, AND NO FUNDS MAY BE
TRANSFERRED TO ANY PARTICULAR CATEGORY LISTED IN SECTION 1 FROM ANY
OTHER CATEGORY OR CATEGORIES LISTED IN SUCH SECTION IF THE TOTAL OF THE
FUNDS SO TRANSFERRED TO THAT PARTICULAR CATEGORY WOULD EXCEED 10 PER
CENTUM THEREOF, UNLESS--
(A) A PERIOD OF THIRTY LEGISLATIVE DAYS (OR FORTY-FIVE CALENDAR
DAYS, WHEN CONGRESS IS IN ADJOURNMENT SINE DIE) HAS PASSED AFTER
THE DIRECTOR OR HIS DESIGNEE HAS TRANSMITTED TO THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE AND TO
THE COMMITTEE ON SCIENCE AND ASTRONAUTICS OF THE HOUSE OF
REPRESENTATIVES AND TO THE COMMITTEE ON LABOR AND PUBLIC WELFARE
OF THE SENATE A WRITTEN REPORT CONTAINING A FULL AND COMPLETE
STATEMENT CONCERNING THE NATURE OF THE TRANSFER AND THE REASON
THEREFOR, OR
(B) EACH SUCH COMMITTEE BEFORE THE EXPIRATION OF SUCH PERIOD
HAS TRANSMITTED TO THE DIRECTOR WRITTEN NOTICE TO THE EFFECT THAT
SUCH COMMITTEE HAS NO OBJECTION TO THE PROPOSED ACTION.
SEC. 7. (A) IF AN INSTITUTION OF HIGHER EDUCATION DETERMINES, AFTER
AFFORDING NOTICE AND OPPORTUNITY FOR HEARING TO AN INDIVIDUAL ATTENDING
OR EMPLOYED BY, SUCH INSTITUTION, THAT SUCH INDIVIDUAL HAS BEEN
CONVICTED BY ANY COURT OF RECORD OF ANY CRIME WHICH WAS COMMITTED AFTER
THE DATE OF ENACTMENT OF THIS ACT AND WHICH INVOLVED THE USE OF (OR
ASSISTANCE TO OTHERS IN THE USE OF) FORCE, DISRUPTION, OR THE SEIZURE OF
PROPERTY UNDER CONTROL OF ANY INSTITUTION OF HIGHER EDUCATION TO PREVENT
OFFICIALS OR STUDENTS IN SUCH INSTITUTIONS FROM ENGAGING IN THEIR DUTIES
OR PURSUING THEIR STUDIES, AND THAT SUCH CRIME WAS OF A SERIOUS NATURE
AND CONTRIBUTED TO A SUBSTANTIAL DISRUPTION OF THE ADMINISTRATION OF THE
INSTITUTION WITH RESPECT TO WHICH SUCH CRIME WAS COMMITTED, THEN THE
INSTITUTION WHICH SUCH INDIVIDUAL ATTENDS, OR IS EMPLOYED BY, SHALL DENY
FOR A PERIOD OF TWO YEARS ANY FURTHER PAYMENT TO, FOR THE DIRECT BENEFIT
OF, SUCH INDIVIDUAL UNDER ANY OF THE PROGRAMS SPECIFIED IN SUBSECTION
(C). IF AN INSTITUTION DENIES AN INDIVIDUAL ASSISTANCE UNDER THE
AUTHORITY OF THE PRECEDING SENTENCE OF THIS SUBSECTION, THEN ANY
INSTITUTION WHICH SUCH INDIVIDUAL SUBSEQUENTLY ATTENDS SHALL DENY FOR
THE REMAINDER OF THE TWO-YEAR PERIOD ANY FURTHER PAYMENT TO, OR FOR THE
DIRECT BENEFIT OF, SUCH INDIVIDUAL UNDER ANY OF THE PROGRAMS SPECIFIED
IN SUBSECTION (C).
(B) IF AN INSTITUTION OF HIGHER EDUCATION DETERMINES, AFTER AFFORDING
NOTICE AND OPPORTUNITY FOR HEARING TO AN INDIVIDUAL ATTENDING, OR
EMPLOYED BY, SUCH INSTITUTION, THAT SUCH INDIVIDUAL HAS WILLFULLY
REFUSED TO OBEY A LAWFUL REGULATION OR ORDER OF SUCH INSTITUTION AFTER
THE DATE OF ENACTMENT OF THIS ACT, AND THAT SUCH REFUSAL WAS OF A
SERIOUS NATURE AND CONTRIBUTED TO A SUBSTANTIAL DISRUPTION OF THE
ADMINISTRATION OF SUCH INSTITUTION, THEN SUCH INSTITUTION SHALL DENY,
FOR A PERIOD OF TWO YEARS, ANY FURTHER PAYMENT TO, OR FOR THE DIRECT
BENEFIT OF, SUCH INDIVIDUAL UNDER ANY OF THE PROGRAMS SPECIFIED IN
SUBSECTION (C).
(C) THE PROGRAMS REFERRED TO IN SUBSECTIONS (A) AND (B) ARE AS
FOLLOWS:
(1) THE PROGRAMS AUTHORIZED BY THE NATIONAL SCIENCE FOUNDATION
ACT OF 1950; AND
(2) THE PROGRAMS AUTHORIZED UNDER TITLE IX OF THE NATIONAL
DEFENSE EDUCATION ACT OF 1958 RELATING TO ESTABLISHING THE SCIENCE
INFORMATION SERVICE. //64 STAT. 149. 42 USC 1861 NOTE. 72 STAT.
1601. 42 USC 1876.//
(D) (1) NOTHING IN THIS ACT, OR ANY ACT AMENDED BY THIS ACT, SHALL BE
CONSTRUED TO PROHIBIT ANY INSTITUTION OF HIGHER EDUCATION FROM REFUSING
TO AWARD, CONTINUE, OR EXTEND ANY FINANCIAL ASSISTANCE UNDER
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;
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ANY SUCH ACT TO ANY INDIVIDUAL BECAUSE OF ANY MISCONDUCT WHICH IN ITS
JUDGMENT BEARS ADVERSELY ON HIS FITNESS FOR SUCH ASSISTANCE.
(2) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING OR
PREJUDICING THE RIGHTS AND PREROGATIVES OF ANY INSTITUTION OF HIGHER
EDUCATION TO INSTITUTE AND CARRY OUT AN INDEPENDENT, DISCIPLINARY
PROCEEDING PURSUANT TO EXISTING AUTHORITY, PRACTICE, AND LAW.
/3/ NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE FREEDOM
OF ANY STUDENT TO VERBAL EXPRESSION OF INDIVIDUAL VIEWS OR OPINIONS.
SEC. 8. THE AMOUNT AVAILABLE FOR THE OCEANOGRAPHIC SHIP
CONSTRUCTION/CONVERSION PROGRAM FROM THE SUM STIPULATED (FOR THE PURPOSE
OF "NATIONAL AND SPECIAL RESEARCH PROGRAMS") IN CATEGORY (2) OF SECTION
1 OF PUBLIC LAW 92 - 372 SHALL, AFTER THE DATE OF THE ENACTMENT OF THIS
ACT, BE DETERMINED WITHOUT REGARD TO SECTION 2 (A) OF SUCH PUBLIC LAW.
//86 STAT. 526.//
SEC. 9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS OR ANY OTHER ACT,
THE DIRECTOR OF THE NATIONAL SCIENCE FOUNDATION SHALL KEEP THE COMMITTEE
ON SCIENCE AND ASTRONAUTICS OF THE HOUSE OF REPRESENTATIVES AND THE
COMMITTEE ON LABOR AND PUBLIC WELFARE OF THE SENATE FULLY AND CURRENTLY
INFORMED WITH RESPECT TO ALL THE ACTIVITIES OF THE NATIONAL SCIENCE
FOUNDATION.
SEC. 10. NO FUNDS--
(1) AUTHORIZED TO BE APPROPRIATED UNDER THIS ACT TO THE
NATIONAL SCIENCE FOUNDATION FOR FISCAL YEAR ENDING JUNE 30, 1974,
OR
(2) HERETOFORE APPROPRIATED TO THE NATIONAL SCIENCE FOUNDATION
AND REMAINING AVAILABLE TO IT FOR OBLIGATION AND EXPENDITURE,
MAY BE USED TO CONDUCT OR SUPPORT RESEARCH IN THE UNITED STATES OR
ABROAD ON A HUMAN FETUS WHICH IS OUTSIDE THE WOMB OF ITS MOTHER AND
WHICH HAS A BEATING HEART.
SEC. 11. THIS ACT MAY BE CITED AS THE "NATIONAL SCIENCE FOUNDATION
AUTHORIZATION ACT, 1974".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 284 (COMM. ON SCIENCE AND ASTRONAUTICS)
AND NO. 93 - 408 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 275 ACCOMPANYING S. 1977 (COMM. ON LABOR
AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 22, CONSIDERED AND PASSED HOUSE. JUNE 29, CONSIDERED AND
PASSED SENATE, AMENDED. JULY 27, SENATE AGREED TO CONFERENCE
REPORT. AUG. 3, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-95, 87 STAT. 314
TO AMEND THE LABOR MANAGEMENT RELATIONS ACT, 1947, TO PERMIT
EMPLOYER CONTRIBUTIONS TO JOINTLY ADMINISTERED TRUST FUNDS
ESTABLISHED BY LABOR ORGANIZATIONS TO DEFRAY COSTS OF LEGAL
SERVICES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 302 (C) OF
THE LABOR MANAGEMENT RELATIONS ACT, 1947, IS AMENDED BY STRIKING OUT "OR
(7)" AND INSERTING IN LIEU THEREOF "(7)" AND BY ADDING IMMEDIATELY
BEFORE THE PERIOD AT THE END THEREOF THE FOL OWING: "; OR (8) WITH
RESPECT TO MONEY OR ANY OTHER THING OF VALUE PAID BY ANY EMPLOYER TO A
TRUST FUND ESTABLISHED BY SUCH REPRESENTATIVE FOR THE PURPOSE OF
DEFRAYING THE COSTS OF LEGAL SERVICES FOR EMPLOYEES, THEIR FAMILIES, AND
DEPENDENTS FOR COUNSEL OR PLAN OF THEIR CHOICE: PROVIDED, THAT THE
REQUIREMENTS OF CLAUSE (B) OF THE PROVISO TO CLAUSE (5) OF THIS
SUBSECTION SHALL APPLY TO SUCH TRUST FUNDS: //61 STAT. 157; 83 STAT.
133. 29 USC 186.// PROVIDED FURTHER, THAT NO SUCH LEGAL SERVICES SHALL
BE FURNISHED: (A) TO INITIATE ANY PROCEEDING DIRECTED (I) AGAINST ANY
SUCH EMPLOYER OR ITS OFFICERS OR AGENTS EXCEPT IN WORKMAN'S COMPENSATION
CASES, OR (II) AGAINST SUCH LABOR ORGANIZATION, OR ITS PARENT OR
SUBORDINATE BODIES, OR THEIR OFFICERS OR AGENTS, OR (III) AGAINST ANY
OTHER EMPLOYER OR LABOR ORGANIZATION, OR THEIR OFFICERS OR AGENTS, IN
ANY MATTER ARISING UNDER THE NATIONAL LABOR RELATIONS ACT, AS AMENDED,
OR THIS ACT; //87 STAT. 314// AND (B) IN ANY PROCEEDING WHERE A LABOR
ORGANIZATION WOULD BE PROHIBITED FROM DEFRAYING THE COSTS OF LEGAL
SERVICES BY THE PROVISIONS OF THE LABOR-MANAGEMENT REPORTING AND
DISCLOSURE ACT OF 1959". //87 STAT. 315. 73 STAT. 519. 29 USC 401
NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 205 ACCOMPANYING H. R. 77 (COMM. ON
EDUCATION AND LABOR) AND NO. 93 - 378 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 139 (COMM. ON LABOR AND PUBLIC WELFARE)
AND NO. 93 - 320 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 16, CONSIDERED AND PASSED SENATE. JUNE 12, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF
H. R. 77. JULY 17, SENATE AGREED TO CONFERENCE REPORT. JULY
25, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-94, 87 STAT. 314
TO PROVIDE FOR THE APPOINTMENT OF ALTERNATES FOR THE GOVERNORS OF
THE INTERNATIONAL MONETARY FUND AND OF THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED. THAT THE FIRST SENTENCE
OF SUBSECTION (B) OF SECTION 3 OF THE BRETTON WOODS AGREEMENTS ACT (22
U.S.C. 286A) BE AMENDED TO READ AS FOLLOWS: "THE PRESIDENT, BY AND WITH
THE ADVICE AND CONSENT OF THE SENATE, SHALL APPOINT AN ALTERNATE FOR THE
GOVERNOR OF THE FUND AND AN ALTERNATE FOR THE GOVERNOR OF THE BANK.".
//59 STAT. 512.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 350 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JULY 28, CONSIDERED AND PASSED SENATE. AUG. 2, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-93, 87 STAT. 314
TO AMEND SECTION 14 (B) OF THE FEDERAL RESERVE ACT, AS AMENDED, TO
EXTEND FOR THREE MONTHS THE AUTHORITY OF FEDERAL RESERVE BANKS TO
PURCHASE UNITED STATES OBLIGATIONS DIRECTLY FROM THE TREASURY.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 14 (B) OF
THE FEDERAL RESERVE ACT, AS AMENDED (12 U.S.C. 355), IS AMENDED BY
STRIKING OUT "JULY 1, 1973" AND INSERTING IN LIEU THEREOF "NOVEMBER 1,
1973" AND BY STRIKING OUT "JUNE 30, 1973" AND INSERTING IN LIEU THEREOF
"OCTOBER 31, 1973". //61 STAT. 56; 85 STAT. 100.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 248 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS)
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 27, CONSIDERED AND PASSED SENATE. AUG. 2, CONSIDERED AND
PASSED HOUSE, AMENDED. AUG. 3, SENATE CONCURRED IN HOUSE
AMENDMENTS.
PUBLIC LAW 93-92, 87 STAT. 311
TO AMEND THE DISTRICT OF COLUMBIA ELECTION ACT REGARDING THE TIMES
FOR FILLING CERTAIN PETITIONS, REGULATING THE PRIMARY ELECTION FOR
DELEGATE FROM THE DISTRICT OF COLUMBIA, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE DISTRICT OF
COLUMBIA ELECTION ACT (D.C. CODE, SECS. 1 - 1101--1 - 1115) IS AMENDED
AS FOLLOWS:
(1) CLAUSE (A) OF PARAGRAPH (2) OF SECTION 2 OF SUCH ACT (D. C.
CODE, SEC. 1 - 1102) IS AMENDED TO REAS AS FOLLOWS: "(A) WHO RESIDES OR
IS DOMICILED IN THE DISTRICT AND WHO DOES NOT CLAIM VOTING RESIDENCE OR
RIGHT TO VOTE IN ANY STATE OR TERRITORY;". //75 STAT. 820; 85 STAT.
788.//
(2) SUBSECTION (A) OF SECTION 5 OF SUCH ACT (D. C. CODE, SEC. 1 -
1105) IS AMENDED BY (A) STRIKING OUT "AND" AT THE END OF PARAGRAPH (7),
(B) REDESIGNATING PARAGRAPH (8) AS PARAGRAPH (9), AND (C) INSERTING
IMMEDIATELY AFTER PARAGRAPH (7) THE FOLLOWING:
"(8) PRESCRIBE SUCH REGULATIONS AS IT CONSIDERS NECESSARY IN
ORDER TO CARRY OUT THE PURPOSES OF THIS ACT; AND". //69
STAT. 700; 75 STAT. 817.
(3) PARAGRAPH (1) OF SUBSECTION (B) OF SECTION 5 OF SUCH ACT (D. C.
CODE, SEC. 1 - 1105) IS AMENDED BY STRIKING OUT "AFTER THE FIRST
MONDAY". //85 STAT. 789.//
(4) PARAGRAPHS (2) AND (3) OF SUBSECTION (B) OF SECTION 5 OF SUCH ACT
(D. C. CODE, SEC. 1 - 1105) ARE EACH AMENDED BY STRIKING OUT
"FORTY-FIVE" WHENEVER IS APPEARS AND INSERTING IN LIEU THEREOF "SIXTY".
//87 STAT. 312//
(5) PARAGRAPH (6) OF SUBSECTION (B) OF SECTION 5 OF SUCH ACT (D. C.
CODE, SEC. 1 - 1105) IS REPEALED.
(6) SUBSECTION (D) OF SECTION 5 OF SUCH ACT (D. C. CODE, SEC. 1 -
1105) IS AMENDED TO READ AS FOLLOWS:
"(D) THE BOARD MAY PERMIT EITHER PERSONS TEMPORARILY ABSENT FROM THE
DISTRICT OR PERSONS PHYSICALLY UNABLE TO APPEAR PERSONALLY AT AN
OFFICIAL REGISTRATION PLACE TO REGISTER FOR THE PURPOSE OF VOTING IN ANY
ELECTION HELD UNDER THIS ACT."
(7) SECTION 5 OF SUCH ACT (D. C. CODE, SEC. 1 - 1105) IS AMENDED BY
INSERTING AT THE END OF THAT SECTION THE FOLLOWING:
"(F) NOTWITHSTANDING THE PROVISIONS OF THE FOURTH PARAGRAPH UNDER THE
SECTION HEADED 'MILITIA' OF THE ACT, OF JULY 7, 1898 (RELATING TO
APPROPRIATIONS) (D. C. CODE, SEC. 1 - 215), THE BOARD MAY ACCEPT
VOLUNTEER SERVICES FOR THE PURPOSES OF VOTER EDUCATION AND
REGISTRATION." //30 STAT. 666.//
(8) PARAGRAPH (1) OF SUBSECTION (A) OF SECTION 8 OF SUCH ACT (D. C.
CODE, SEC. 1 - 1108) IS AMENDED TO READ AS FOLLOWS:
"(A) (1) EACH CANDIDATE FOR ELECTION TO THE OFFICE OF NATIONAL
COMMITTEEMAN OR ALTERNATE, OR NATIONAL COMMITTEEWOMAN OR ALTERNATE, AND
FOR ELECTION AS A MEMBER OR OFFICIAL DESIGNATED FOR ELECTION AT LARGE
UNDER CLAUSE (4) OF THE FIRST SECTION OF THIS ACT, SHALL BE A QUALIFIED
ELECTOR REGISTERED UNDER SECTION 7 OF THIS ACT WHO HAS BEEN NOMINATED
FOR SUCH OFFICE, OR FOR ELECTION AS SUCH MEMBER OR OFFICIAL, BY A
NOMINATING PETITION (A) SIGNED BY NOT LESS THAN FIVE HUNDRED QUALIFIED
ELECTORS REGISTERED UNDER SUCH SECTION 7, WHO ARE OF THE SAME POLITICAL
PARTY AS THE CANDIDATE, AND (B) FILED WITH THE BOARD NOT LATER THAN THE
SIXTIETH DAY BEFORE THE DATE OF THE ELECTION HELD FOR SUCH OFFICE,
MEMBER, OR OFFICIAL." //85 STAT. 790.//
(9) SUBSECTION (F) OF SECTION 8 OF SUCH ACT (D. C. CODE, SEC. 1 -
1108) IS AMENDED BY STRIKING OUT "5 PER CENTUM" AND INSERTING IN LEIU
THEREOF "1 PER CENTUM". //75 STAT. 818.//
(10) SUBSECTION (I) OF SECTION 8 OF SUCH ACT (D. C. CODE, SEC. 1 -
1108) IS AMENDED (A) BY STRIKING OUT "FORTY-FIFTH" AND INSERTING IN LIEU
THEREOF "SIXTIETH", (B) BY STRIKING OUT "NINETY-NINTH", "NINETY-NINTH",
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AND "SEVENTIETH", RESPECTIVELY, AND BY INSERTING IN LIEU THEREOF "ONE
HUNDRED FOURTEENTH", "ONE HUNDRED FOURTEENTH", AND "EIGHTY-FIFTH",
RESPECTIVELY, AND (C) BY STRIKING OUT "THE BOARD MAY PRESCRIBE RULES
WITH RESPECT TO THE PREPARATION AND PRESENTATION OF NOMINATING
PETITIONS.". //85 STAT. 791.//
(11) PARAGRAPH (1) OF SUBSECTION (J) OF SECTION 8 OF SXCH ACT (D. C.
CODE, SEC. 1 - 1108) IS AMENDED (A) BY STRIKING OUT IN CLAUSE (A)
"FORTY-FIFTH", AND INSERTING IN LIEU THEREOF "SIXTIETH", (B) BY STRIKING
OUT "NINETY-NINTH", "NINETY-NINTH", AND "SEVENTIETH", RESPECTIVELY, AND
BY INSERTING IN LIEU THEREOF "ONE HUNDRED FOURTEENTH", "ONE HUNDRED
FOURTEENTH", AND "EIGHTY-FIFTH", RESPECTIVELY, AND (C) BY STRIKING OUT
"THE BOARD MAY PRESCRIBE RULES WITH RESPECT TO THE PREPARATION AND
PRESENTATION OF SUCH NOMINATING PETITIONS.". //85 STAT. 791. 84 STAT.
849.//
(12) PARAGRAPH (3) OF SUBSECTION (M) OF SECTION 8 OF SUCH ACT (D. C.
CODE, SEC. 1 - 1108) IS AMENDED BY STRIKING OUT "THE BOARD SHALL BY
REGULATION SPECIFY SUCH ADDITIONAL DETAILS AS MAY BE NECESSARY AND
PROPER TO EFFECTUATE THE PURPOSE OF THIS SUBSECTION.".
(13) SUBSECTION (O) OF SECTION 8 OF SUCH ACT (D. C. CODE, SEC. 1 -
1108) IS AMENDED (A) BY STRIKING OUT IN CLAUSE (A) "FORTY-FIFTH", AND BY
INSERTING IN LIEU THEREOF "SIXTIETH", (B) BY STRIKING OUT "NINETY-NINTH"
AND "SEVENTIETH", RESPECTIVELY, AND BY INSERTING IN LIEU THEREOF "ONE
HUNDRED FOURTEENTH" AND "EIGHTY-FIFTH", RESPECTIVELY, AND (C) BY
STRIKING OUT "THE BOARD MAY PRESCRIBE RULES WITH RESPECT TO THE
PREPARATION AND PRESENTATION OF NOMINATING PETITIONS.". //87 STAT.
312. 87 STAT. 313.//
(14) PARAGRAPH (1) OF SUBSECTION (P) OF SECTION 8 OF SUCH ACT (D. C.
CODE, SEC. 1 - 1108) IS AMENDED BY STRIKING OUT "FORTY-SECOND DAY BEFORE
THE DATE OF THE ELECTION" AND BY INSERTING IN LIEU THEREOF "THIRD DAY
AFTER THE FILING DEADLINE FOR NOMINATING PETITIONS". //82 STAT. 104;
84 STAT. 849.//
(15) SUBSECTION (E) OF SECTION 0 OF SUCH ACT (D. C. CODE, SEC. 1 -
1109) IS AMENDED BY STRIKING OUT "SEVEN" AND BY INSERTING IN LIEU
THEREOF "TEN". //69 STAT. 702.//
(16) PARAGRAPH (1) OF SUBSECTION (A) OF SECTION 10 OF SUCH ACT (D.
C. CODE, SEC. 1 - 1110) IS AMENDED BY STRIKING OUT "AFTER THE FIRST
MONDAY." //85 STAT. 792.//
(17) PARAGRAPH (4) OF SUBSECTION (A) OF SECTION 10 OF SUCH ACT (D.
C. CODE, SEC. 1 - 1110) IS AMENDED TO READ AS FOLLOWS:
"(4) RUNOFF ELECTIONS SHALL BE HELD WHENEVER, IN ANY PRIMARY ELECTION
OF A POLITICAL PARTY FOR CANDIDATES FOR THE OFFICE OF DELEGATE, NO
CANDIDATE RECEIVES AT LEAST 40 PER CENTUM OF THE TOTAL VOTES CAST IN
THAT ELECTION FOR ALL CANDIDATES OF THAT PARTY FOR THAT OFFICE. ANY
SUCH RUNOFF ELECTION SHALL BE HELD NOT LESS THAN TWO WEEKS NOR MORE THAN
SIX WEEKS AFTER THE DATE ON WHICH THE BOARD HAS DETERMINED THE RESULTS
OF THE PRECEDING PRIMARY. AT THE TIME OF ANNOUNCING ANY SUCH
DETERMINATIONS, THE BOARD SHALL ESTABLISH AND ANNOUNCE THE DATE ON WHICH
THE RUNOFF ELECTION WILL BE HELD, IF ONE IS REQUIRED. THE CANDIDATES IN
ANY SUCH RUNOFF ELECTION SHALL BE THE TWO PERSONS WHO RECEIVED,
RESPECTIVELY, THE TWO HIGHEST NUMBERS OF VOTES IN SUCH PRECEDING
PRIMARY; EXCEPT THAT IF ANY PERSON WITHDRAWS HIS CANDIDACY FROM SUCH
RUNOFF ELECTION, THE PERSON WHO RECEIVED THE NEXT HIGHEST NUMBER OF
VOTES IN SUCH PRECEDING PRIMARY AND WHO IS NOT ALREADY A CANDIDATE IN
THE RUNOFF ELECTION SHALL AUTOMATICALLY BECOME SUCH A CANDIDATE." //84
STAT. 850.//
(18) SUBSECTION (B) OF SECTION 10 OF SUCH ACT (D. C. CODE, SEC. 1 -
1110) IS AMENDED BY STRIKING OUT "8 O'CLOCK ANTEMERIDIAN" AND BY
INSERTING IN LIEU THEREOF "7 O'CLOCK ANTEMERIDIAN". //82 STAT. 106; 84
STAT. 851.//
(19) SUBSECTION (E) OF SECTION 10 OF SUCH ACT (D. C. CODE, SEC. 1 -
1110) IS AMENDED BY STRIKING OUT "NINETY-NINE" AND INSERTING IN LIEU
THEREOF "ONE HUNDRED FOURTEEN".
(20) SUBSECTION (A) OF SECTION 11 OF SUCH ACT (D. C. CODE, SEC. 1 -
1111) IS AMENDED BY STRIKING OUT "SUCH RECOUNTS SHALL BE CONDUCTED IN
THE MANNER PRESCRIBED BY THE BOARD OF REGULATION.". //69 STAT. 703; 85
STAT. 793.//
SEC. 2. THE ACT ENTITLED "AN ACT TO FIX AND REGULATE THE SALARIES OF
TEACHERS, SCHOOL OFFICERS, AND OTHER EMPLOYEES OF THE BOARD OF EDUCATION
OF THE DISTRICT OF COLUMBIA", APPROVED JUNE 20, 1906 (D. C. CODE, SEC.
31 - 101 ET SEQ.) IS AMENDED AS FOLLOWS:
(1) PARAGRAPH (1) OF SUBSECTION (B) OF SECTION 2 OF SUCH ACT (D. C.
CODE, SEC. 31 - 101) IS AMENDED TO READ AS FOLLOWS:
"(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION AND
SECTION 10 (E) OF THE DISTRICT OF COLUMBIA ELECTION ACT, THE TERM OF
OFFICE OF A MEMBER OF THE BOARD OF EDUCATION SHALL BE FOUR YEARS.".
//82 STAT. 101.//
(2) PARAGRAPH (3) OF SUBSECTION (B) OF SECTION 2 OF SUCH ACT (D. C.
CODE, SEC. 31 - 101) IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SENTENCE: "HOWEVER, THE TERM OF OFFICE OF A MEMBER OF THE
BOARD OF EDUCATION ELECTED IN THE GENERAL ELECTION FOR MEMBER OF THE
BOARD OF EDUC ATION TO BE HELD IN 1973 AND THEREAFTER SHALL EXPIRE AT
NOON ON THE THIRTIETH DAY AFTER THE BOARD OF ELECTIONS CERTIFIES THE
RESULTS OF THE ELECTION, INCLUDING ANY RUNOFF ELECTION, FOR MEMBERS OF
THE BOARD OF EDUCATION IN THE FOURTH YEAR OF SUCH MEMBER'S TERM. THE
ELECTION TO BE HELD IN 1977 AND THEREAFTER SHALL BEGIN IMMEDIATELY UPON
THE EXPIRATION OF THE TERM PRECEDING IT."
SEC. 3. THE AMENDMENTS MADE BY THIS ACT SHALL TAKE EFFECT ON AND
AFTER THE DATE OF ENACTMENT OF THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 258 (COMM. ON THE DISTRICT OF COLUMBIA).
SENATE REPORT NO. 93 - 371 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 11, CONSIDERED AND PASSED HOUSE. AUG. 2, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-91, 87 STAT. 306, DISTRICT OF COLUMBIA APPROPRIATION
ACT OF 1974.
MAKING APPROPRIATIONS FOR THE GOVERNMENT OF THE DISTRICT OF
COLUMBIA
AND OTHER ACTIVITIES CHARGEABLE IN WHOLE OR IN PRRT AGAINST THE
REVENUES OF SAID DISTRICT FOR THE FISCAL YEAR ENDING JUNE 30,
1974, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FOLLOWING SUMS
ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE
APPROPRIATED, FOR THE DISTRICT OF COLUMBIA FOR THE FISCAL YEAR ENDING
JUNE 30, 1974, AND FOR OTHER PURPOSES, NAMELY:
FOR PAYMENT TO THE FOLLOWING FUNDS OF THE DISTRICT OF COLUMBIA FOR
THE FISCAL YEAR ENDING JUNE 30, 1974: $187,450,000 TO THE GENERAL FUND;
$2,555,000 TO THE WATER FUND; AND #1,528,000 TO THE SANITARY SEWAGE
WORKS FUND; AS AUTHORIZED BY THE DISTRICT OF COLUMBIA REVENUE ACT OF
1947, AS AMENDED (D.C. CODE, SEC. 47 - 2501 (A)); AND THE ACT OF MAY
18, 1954 (D.C. CODE, SEC. 43 - 1541 AND 1611). //85 STAT. 654. 68
STAT. 102, 108.//
FOR LOANS TO THE DISTRICT OF COLUMBIA, AS AUTHORIZED BY THE ACT OF
JUNE 6, 1958 (72 STAT. 183), AS AMENDED, THE ACT OF NOVEMBER 3, 1967 (81
STAT. 339, 340), THE ACT OF DECEMBER 9, 1969 (83 STAT. 321), THE ACT OF
MAY 18, 1954 (68 STAT. 105, 110), THE ACT OF JUNE 2, 1950 (64 STAT.
195), AND THE ACT OF JUNE 12, 1960 (74 STAT. 210), $226,184,000, WHICH
TOGETHER WITH BALANCES OF PREVIOUS APPROPRIATIONS FOR THIS PURPOSE,
SHALL REMAIN AVAILABLE UNTIL EXPENDED AND BE ADVANCED UPON REQUEST OF
THE COMMISSIONER, AS FOLLOWS: TO THE GENERAL FUND, $177,969,000, TO THE
HIGHWAY FUND, $11,900,000, TO THE WATER FUND, $7,067,000, TO THE
SANITARY SEWAGE WORKS FUND, $25,000,000, AND TO THE METROPOLITAN AREA
SANITARY SEWAGE WORKS FUND, $4,248,000. //D. C. CODE 9 - 220. D. C.
CODE 47 - 2501A NOTE. D. C. CODE 1 - 1441 NOTE. D. C. CODE 43 - 1604.
84 STAT. 1930. D. C. CODE 7 - 133. D. C. CODE 43 - 1540. D. C. CODE
47 - 1620.//
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, $67,539,000, OF WHICH $629,700 SHALL BE
PAYABLE FROM THE HIGHWAY FUND (INCLUDING $72,400 FROM THE MOTOR VEHICLE
PARKING ACCOUNT), $94,500 FROM THE WATER FUND, AND $67,300 FROM THE
SANITARY SEWAGE WORKS FUND: PROVIDED, THAT, FOR THE PURPOSE OF
ASSESSING AND REASSESSING REAL PROPERTY IN THE DISTRICT OF COLUMBIA,
$5,000 OF THE APPROPRIATION SHALL BE AVAILABLE FOR SERVICES AS
AUTHORIZED BY 5 U.S.C. 3109, BUT AT RATES FOR INDIVIDUALS NOT IN EXCESS
OF $100 PER DIEM: PRVIDED FURTHER, THAT NOT TO EXCEED $7,500 OF THIS
APPROPRIATION SHALL BE AVAILABLE FOR TEST BORINGS AND SOIL
INVESTIGATIONS: PROVIDED FURTHER, THAT $2,475,000 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 $125,000 OF THIS APPROPRIATION SHALL BE
AVAILABLE FOR SETTLEMENT OF PROPERTY DAMAGE CLAIMS NOT IN EXCESS OF $500
EACH AND PERSONAL INJURY CLAIMS NOT IN EXCESS OF $1,000 EACH: PROVIDED
FURTHER, THAT NOT TO EXCEED $50,000 OF ANY APPROPRIATIONS AVAILABLE TO
THE DISTRICT OF COLUMBIA MAY BE USED TO MATCH FINANCIAL CONTRIBUTIONS
FROM THE DEPARTMENT OF DEFENSE TO THE DISTRICT OF COLUMBIA OFFICE OF
CIVIL DEFENSE FOR THE PURCHASE OF CIVIL DEFENSE EQUIPMENT AND SUPPLIES
APPROVED BY THE DEPARTMENT OF DEFENSE, WHEN AUTHORIZED BY THE
COMMISSIONER. //80 STAT. 416.//
PUBLIC SAFETY, INCLUDING EMPLOYMENT OF CONSULTING PHYSICIANS,
DIAGNOSTICIANS, AND THERAPISTS AT RATES TO BE FIXED BY THE COMMISSIONER;
CASH GRATUITIES OF NOT TO EXCEED $75 TO EACH RELEASED PRISONER;
PURCHASE OF ONE HUNDRED AND NINETY-SEVEN PASSENGER MOTOR VEHICLES FOR
REPLACEMENT ONLY (INCLUDING ONE HUNDRED AND NINETY TWO FOR POLICE-TYPE
USE AND FIVE FOR FIRE-TYPE USE WITHOUT REGARD TO THE GENERAL PURCHASE
PRICE LIMITATION FOR THE CURRENT FISCAL YEAR, BUT NOT IN EXCESS OF $400
PER VEHICLE FOR POLICE-TYPE AND $600 PER VEHICLE FOR FIRE-TYPE USE ABOVE
SUCH LIMITATION); $206,357,000, OF WHICH $7,854,600 SHALL BE PAYABLE
FROM THE HIGHWAY FUND (INCLUDING $112,000 FROM THE MOTOR VEHICLE PARKING
ACCOUNT): 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 $7,821,700 SHALL BE AVAILABLE FOR
REIMBURSEMENT TO THE UNITED STATES FOR SERVICES PROVIDED TO THE DISTRICT
OF COLUMBIA BY THE OFFICES OF THE UNITED STATES ATTORNEY AND THE UNITED
STATES MARSHAL FOR THE DISTRICT OF COLUMBIA.
EDUCATION, INCLUDING PROVISION OF INSURANCE, MAINTENANCE, AND
ACCEPTANCE OF NOT TO EXCEED THIRTY-ONE PASSENGER MOTOR VEHICLES ON A
LOAN BASIS FOR EXCLUSIVE USE IN THE DRIVER EDUCATION PROGRAM, AND THE
DEVELOPMENT OF NATIONAL DEFENSE EDUCATION PROGRAMS, $198,029,000, OF
WHICH $165,100 SHALL BE PAYABLE FROM THE HIGHWAY FUND.
SECTION 5533 (C) OF TITLE 5, UNITED STATES CODE, SHALL NOT APPLY TO
COMPENSATION RECEIVED BY TEACHERS OF THE PUBLIC SCHOOLS OF THE DISTRICT
OF COLUMBIA FOR EMPLOYMENT IN A CIVILIAN OFFICE DURING THE PERIOD JULY
1, 1973, TO AUGUST 31, 1973. //84 STAT. 1195.//
RECREATION, $14,300,000.
HUMAN RESOURCES, INCLUDING REIMBURSEMENT FOR SERVICES RENDERED TO THE
DISTRICT OF COLUMBIA BY FREEDMEN'S HOSPITAL; AND CARE AND TREATMENT OF
INDIGENT PATIENTS IN INSTITUTIONS, INCLUDING THOSE UNDER SECTARIAN
CONTROL, UNDER CONTRACTS TO BE MADE BY THE DIRECTOR OF HUMAN RESOURCES;
$218,443,000: PROVIDED, THAT THE INPATIENT RATE AND OUT-PATIENT RATE
UNDER SUCH CONTRACTS, WITH THE EXCEPTION OF CHILDREN'S HOSPITAL, AND FOR
SERVICES RENDERED BY FREEDMEN'S HOSPITAL, SHALL NOT EXCEED $38 PER DIEM
AND THE OUTPATIENT RATE SHALL NOT EXCEED $6 PER VISIT; THE INPATIENT
RATE AND OUTPATIENT RATE FOR CHILDREN'S HOSPITAL SHALL NOT EXCEED $40
PER DIEM AND $6.75 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 $24.53 PER DIEM:
PROVIDED FURTHER, THAT TOTAL REIMBURSEMENTS TO SAINT ELIZABETHS
HOSPITAL, INCLUDING FUNDS FROM TITLE XIX OF THE SOCIAL SECURITY ACT,
SHALL NOT EXCEED THE AMOUNT FOR THE FISCAL YEAR 1970: //79 STAT. 343;
86 STAT. 1426. 42 USC 1396.// PROVIDED FURTHER, THAT THE HOSPITAL RATES
SPECIFIED HEREIN SHALL NOT APPLY, BEGINNING JULY 1, 1969, TO SERVICES
PROVIDED TO PATIENTS WHO ARE ELIGIBLE FOR SUCH SERVICES UNDER THE
DISTRICT OF COLUMBIA PLAN FOR MEDICAL ASSISTANCE UNDER TITLE XIX OF THE
SOCIAL SECURITY ACT: PROVIDED FURTHER, THAT THIS APPROPRIATION SHALL BE
AVAILABLE FOR THE FURNISHING OF MEDICAL ASSISTANCE TO INDIVIDUALS
SIXTY-FIVE YEARS OF AGE OR OLDER WHO ARE RESIDING IN THE DISTRICT OF
COLUMBIA: PROVIDED FURTHER, THAT THIS APPROPRIATION SHALL BE AVAILABLE
FOR THE TREATMENT, IN ANY INSTITUTION, UNDER THE JURISDICTION OF THE
COMMISSIONER AND LOCATED EITHER WITHIN OR WITHOUT THE DISTRICT OF
COLUMBIA, OF INDIVIDUALS FOUND BY A COURT TO BE CHRONIC ALCOHOLICS.
//79 STAT. 343; 86 STAT. 1426. 42 USC 1396.
HIGHWAYS AND TRAFFIC, INCLUDING $162,600 FOR TRAFFIC SAFETY
EDUCATION; $600 FOR MEMBERSHIP IN THE AMERICAN ASSOCIATION OF MOTOR
VEHICLE ADMINISTRATORS AND $1,500 FOR MEMBERSHIP IN THE VEHICLE
EQUIPMENT SAFETY COMMISSION; RENTAL OF ONE PASSENGER-CARRYING VEHICLE
FOR USE BY THE COMMISSIONER; AND PURCHASE OF SIXTEEN PASSENGER MOTOR
VEHICLES FOR REPLACEMENT ONLY; $23,460,200, OF WHICH $17,227,300 SHALL
BE PAYABLE FROM THE HIGHWAY FUND (INCLUDING $640,800 FROM THE MOTOR
VEHICLE PARKING ACCOUNT): PROVIDED, THAT THIS APPROPRIATION SHALL NOT
BE AVAILABLE FOR THE PURCHASE OF DRIVER-TRAINING VEHICLES.
ENVIRONMENTAL SERVICES, $45,010,000, OF WHICH $11,931,100 SHALL BE
PAYABLE FROM THE WATER FUND, $13,629,500 FROM THE SANITARY SEWAGE WORKS
FUND, AND $15,700 FROM THE METROPOLITAN AREA SANITARY SEWAGE WORKS FUND.
FOR PAY INCREASES AND RELATED RETIREMENT COSTS FOR GENERAL SCHEDULE
EMPLOYEES, WAGE BOARD EMPLOYEES, AND PUBLIC SCHOOLS CAFETERIA EMPLOYEES
TO BE TRANSFERRED BY THE COMMISSIONER OF THE DISTRICT OF COLUMBIA TO THE
APPROPRIATIONS FOR THE FISCAL YEAR 1974 FROM WHICH SAID EMPLOYEES ARE
PROPERLY PAYABLE, $13,782,000, OF WHICH $534,400 SHALL BE PAYABLE FROM
THE HIGHWAY FUND (INCLUDING $6,800 FROM THE MOTOR VEHICLE PARKING
ACCOUNT), $501,400 FROM THE WATER FUND, AND $369,200 FROM THE SANITARY
SEWAGE WORKS FUND.
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; AND SECTION 4 OF THE ACT OF JUNE 12, 1960
(74 STAT. 211), INCLUDING INTEREST AS REQUIRED THEREBY, $39,633,000, OF
WHICH $6,110,100 SHALL BE PAYABLE FROM THE HIGHWAY FUND, $2,041,400 FROM
THE WATER FUND, $1,436,000 FROM THE SANITARY SEWAGE WORKS FUND, AND
$56,700 FROM THE METROPOLITAN AREA SANITARY SEWAGE WORKS FUND. //D. C.
CODE 43 - 1540, 43 - 1616, 7 - 133. D. C. CODE 2 - 1727. D. C. CODE 9 -
220. D. C. CODE 43 - 1623.//
FOR REIMBURSEMENT TO THE UNITED STATES OF FUNDS LOANED IN COMPLIANCE
WITH THE ACT OF AUGUST 7, 1946 (60 STAT. 896), AS AMENDED, AND PAYMENTS
UNDER THE ACT OF JULY 2, 1954 (68 STAT. 443), CONSTRUCTION PROJECTS AS
AUTHORIZED BY THE ACTS OF APRIL 22, 1904 (33 STAT. 244), MAY 18, 1954
(68 STAT. 105, 110), JUNE 6, 1958 (72 STAT. 183), AUGUST 20, 1958 (72
STAT. 686), //D. C. CODE 43 - 1510. D. C. CODE 40 - 801. D. C. CODE 7 -
133, 9 - 220, 40 - 804.// AND THE ACT OF DECEMBER 9, 1969 (83 STAT.
321); //D. C. CODE 1 - 441 NOTE.// INCLUDING ACQUISITION OF SITES;
PREPARATION OF PLANS AND SPECIFICATIONS; CONDUCTING PRELIMINARY
SURVEYS; ERECTION OF STRUCTURES, INCLUDING BUILDING IMPROVEMENT AND
ALTERATION AND TREATMENT OF GROUNDS; TO REMAIN AVAILABLE UNTIL
EXPENDED, $128,178,000, OF WHICH $9,142,300 SHALL BE PAYABLE FROM THE
HIGHWAY FUND, $9,440,000 FROM THE WATER FUND, AND $1,100,000 FROM THE
SANITARY SEWAGE WORKS FUND: PROVIDED, THAT $9,211,100 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 COMMISSIONER, AND THE FUNDS FOR THE USE OF
THE DIRECTOR OF THE DEPARTMENT OF GENERAL SERVICES SHALL BE ADVANCES TO
THE APPROPRIATION ACCOUNT, "CONSTRUCTION SERVICES, DEPARTMENT OF GENERAL
SERVICES": 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 JUNE 30,
1975, 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. //82 STAT. 827. D. C. CODE 7 - 135 NOTE.//
SEC. 1. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL VOUCHERS COVERING
EXPENDITURES OF APPROPRIATIONS CONTAINED IN THIS ACT SHALL BE AUDITED
BEFORE PAYMENT BY THE DESIGNATED CERTIFYING OFFICIAL AND THE VOUCHERS AS
APPROVED SHALL BE PAID BY CHECKS ISSUED BY THE DESIGNATED DISBURSING
OFFICIAL.
SEC. 2. WHENEVER IN THIS ACT AN AMOUNT IS SPECIFIED WITHIN AN
APPROPRIATION FOR PARTICULAR PURPOSES OR OBJECT OF EXPENDITURE, SUCH
AMOUNT, UNLESS OTHERWISE SPECIFIED, SHALL BE CONSIDERED AS THE MAXIMUM
AMOUNT WHICH MAY BE EXPENDED FOR SAID PURPOSE OR OBJECT RATHER THAN AN
AMOUNT SET APART EXCLUSIVELY THEREFOR.
SEC. 3. APPROPRIATIONS IN THIS ACT SHALL BE AVAILABLE, WHEN
AUTHORIZED OR APPROVED BY THE COMMISSIONER, FOR ALLOWANCES FOR PRIVATELY
OWNED AUTOMOBILES USED FOR THE PERFORMANCE OF OFFICIAL DUTIES AT 10
CENTS PER MILE BUT NOT TO EXCEED $35 A MONTH FOR EACH AUTOMOBILE, UNLESS
OTHERWISE THEREIN SPECIFICALLY PROVIDED, EXCEPT THAT ONE HUNDRED AND
THIRTEEN (EIGHTEEN FOR VENEREAL DISEASE INVESTIGATORS IN THE DEPARTMENT
OF HUMAN RESOURCES) SUCH ALLOWANCES AT NOT MORE THAN $550 EACH PER ANNUM
MAY BE AUTHORIZED OR APPROVED BY THE COMMISSIONER.
SEC. 4. APPROPRIATIONS IN THIS ACT SHALL BE AVAILABLE FOR EXPENSES
OF TRAVEL AND FOR THE PAYMENT OF DUES OF ORGANIZATIONS CONCERNED WITH
THE WORK OF THE DISTRICT OF COLUMBIA GOVERNMENT, WHEN AUTHORIZED BY THE
COMMISSIONER.
SEC. 5. APPROPRIATIONS IN THIS ACT SHALL NOT BE USED FOR OR IN
CONNECTION WITH THE PREPARATION, ISSUANCE, PUBLICATION, OR ENFORCEMENT
OF ANY REGULATION OR ORDER OF THE PUBLIC SERVICE COMMISSION REQUIRING
THE INSTALLATION OF METERS IN TAXICABS, OR FOR OR IN CONNECTION WITH THE
LICENSING OF ANY VEHICLE TO BE OPERATED AS A TAXICAB EXCEPT FOR
OPERATION IN ACCORDANCE WITH SUCH SYSTEM OF UNIFORM ZONES AND RATES AND
REGULATIONS APPLICABLE THERETO AS SHALL HAVE BEEN PRESCRIBED BY THE
PUBLIC SERVICE COMMISSION.
SEC. 6. APPROPRIATIONS IN THIS ACT SHALL NOT BE AVAILABLE FOR THE
PAYMENT OF RATES FOR ELECTRIC CURRENT FOR STREET LIGHTING IN EXCESS OF 2
CENTS PER KILWATT-HOUR FOR CURRENT CONSUMED.
SEC. 7. ALL PASSENGER MOTOR VEHICLES (INCLUDING WATERCRAFT) OWNED BY
THE DISTRICT OF COLUMBIA SHALL BE OPERATED AND UTILIZED IN CONFORMITY
WITH SECTION 16 OF THE ACT OF AUGUST 2, 1946 (60 STAT. 810), AND SHALL
BE UNDER THE DIRECTION AND CONTROL OF THE COMMISSIONER, WHO MAY FROM
TIME TO TIME ALTER OR CHANGE THE ASSIGNMENT FOR USE THEREOF OR DIRECT
THE ALTERATION OF INTERCHANGEABLE USE OF ANY OF THE SAME BY OFFICERS AND
EMPLOYEES OF THE DISTRICT, EXCEPT AS OTHERWISE PROVIDED
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- SECTION 16 SHALL NOT APPLY TO THE COMMISSIONER OR IN CASES OF OFFICERS
AND EMPLOYEES THE CHARACTER OF WHOSE DUTIES MAKE SUCH TRANSPORTATION
NECESSARY, BUT ONLY AS TO SUCH LATTER CASES WHEN APPROVED BY THE
COMMISSIONER.
SEC. 8. APPROPRIATIONS CONTAINED IN THIS ACT FOR HIGHWAYS AND
TRAFFIC AND ENVIRONMENTAL SERVICES SHALL BE AVAILABLE FOR SNOW AND ICE
CONTROL WORK WHEN ORDERED BY THE COMMISSIONER IN WRITING.
SEC. 9. 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, INCLUDING REFUNDS AUTHORIZED
BY SECTION 10 OF THE ACT APPROVED APRIL 23, 1924 (43 STAT. 108):
PROVIDED, THAT NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED AS
MODIFYING OR AFFECTING THE PROVISIONS OF PARAGRAPH 3, SUBSECTION (C) OF
SECTION 11 OF TITLE XII OF THE DISTRICT OF COLUMBIA INCOME AND FRANCHISE
TAX ACT OF 1947, AS AMENDED. //D. C. CODE 47 - 1910 NOTE.//
SEC. 10. EXCEPT AS OTHERWISE PROVIDED HEREIN, LIMITATIONS AND
LEGISLATIVE PROVISIONS CONTAINED IN THE DISTRICT OF COLUMBIA
APPROPRIATION ACT, 1961, SHALL BE APPLICABLE DURING THE CURRENT FISCAL
YEAR: PROVIDED, THAT THE LIMITATION FOR "CONSTRUCTION SERVICES,
DEPARTMENT OF GENERAL SERVICES" SHALL, DURING THE CURRENT FISCAL YEAR,
BE 10 PER CENTUM OF APPROPRIATIONS FOR ALL CONSTRUCTION PROJECTS:
PROVIDED FURTHER, THAT THE LIMITATION ON EXPENDITURE OF FUNDS BY THE
CHIEF OF POLICE FOR PREVENTION AND DETECTION OF CRIME DURING THE CURRENT
FISCAL YEAR SHALL BE $200,000: PROVIDED FURTHER, THAT DURING THE
CURRENT FISCAL YEAR, THE LIMITATION WITH RESPECT TO A CENTRAL HEATING
SYSTEM, UNDER THE HEADING "DEPARTMENT OF SANITARY ENGINEERING", SHALL
NOT BE APPLICABLE. //70 STAT. 78. D. C. CODE 47 - 1586J. 74 STAT.
17.//
SEC. 11. APPROPRIATIONS IN THIS ACT SHALL BE AVAILABLE FOR THE
PAYMENT OF PUBLIC ASSISTANCE WITHOUT REFERENCE TO THE REQUIREMENT OF
SUBSECTION (B) OF SECTION 5 OF THE DISTRICT OF COLUMBIA PUBLIC
ASSISTANCE ACT OF 1962 AND FOR THE NON-FEDERAL SHARE OF FUNDS NECESSARY
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S A ON CROW TO QUALIFY FOR FEDERAL ASSISTANCE UNDER THE ACT OF JULY 31,
1968 (PUBLIC LAW 90 - 445). //76 STAT. 915. D. C. CODE 3 - 204.//
SEC. 12. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
REMAIN AVAILABLE FOR OBLIGATION BEYOND THE CURRENT FISCAL YEAR UNLESS
EXPRESSLY SO PROVIDED HEREIN. //86 STAT. 532. 42 USC 3801 NOTE.//
SEC. 13. NO PART OF ANY FUNDS APPROPRIATED BY THIS ACT SHALL BE USED
TO PAY THE COMPENSATION (WHETHER BY CONTRACT OR OTHERWISE) OF ANY
INDIVIDUAL FOR PERFORMING SERVICES AS A CHAUFFEUR OR DRIVER FOR ANY
DESIGNATED OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA GOVERNMENT
(OTHER THAN THE COMMISSIONER 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 COMMISSIONER OF THE
DISTRICT OF COLUMBIA, CHIEF OF POLICE AND FIRE CHIEF). NO PART OF ANY
FUNDS APPROPRIATED BY THIS ACT, IN EXCESS OF $12,000 IN THE AGGREGATE,
SHALL, IN ANY FISCAL YEAR, BE USED TO PAY THE COMPENSATION (WHETHER BY
CONTRACT OR OTHERWISE) OF INDIVIDUALS FOR PERFORMING SERVICES AS A
CHAUFFEUR OR DRIVER FOR THE COMMISSIONER 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 COMMISSIONER OF THE
DISTRICT OF COLUMBIA.
SEC. 14. NOT TO EXCEED 4 1/2 PER CENTUM OF THE TOTAL OF ALL FUNDS
APPROPRIATED BY THIS ACT FOR PERSONAL COMPENSATION (EXCEPT TEMPORARY
POSITIONS PROVIDED FOR THE DEPARTMENT OF CORRECTIONS IN THIS ACT) MAY BE
USED TO PAY THE COST OF OVERTIME OR TEMPORARY POSITIONS.
SEC. 15. THE TOTAL EXPENDITURE OF FUNDS APPROPRIATED BY THIS ACT FOR
AUTHORIZED TRAVEL AND PER DIEM COSTS OUTSIDE THE DISTRICT OF COLUMBIA,
MARYLAND, AND VIRGINIA SHALL NOT EXCEED $210,000.
SEC. 16. APPROPRIATIONS IN THIS ACT SHALL NOT BE AVAILABLE, DURING
THE FISCAL YEAR ENDING JUNE 30, 1974, FOR THE COMPENSATION OF ANY PERSON
APPOINTED--
(1) AS A 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 36,619; OR
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- ,
(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, EXCEPT TEMPORARY EMPLOYEES
PROVIDED FOR THE DEPARTMENT OF CORRECTIONS IN THIS ACT.
SEC. 17. NO FUNDS APPROPRIATED HEREIN FOR THE GOVERNMENT OF THE
DISTRICT OF COLUMBIA FOR THE OPERATION OF EDUCATIONAL INSTITUTIONS, THE
COMPENSATION OF PERSONNEL, OR FOR OTHER EDUCATIONAL PURPOSES MAY BE USED
TO PERMIT, ENCOURAGE, FACILITATE, OR FURTHER PARTISAN POLITICAL
ACTIVITIES. NOTHING HEREIN IS INTENDED TO PROHIBIT THE AVAILABILITY OF
SCHOOL BUILDINGS FOR THE USE OF ANY COMMUNITY GROUP DURING NONSCHOOL
HOURS.
SEC. 18. APPROPRIATIONS IN THIS ACT SHALL BE AVAILABLE FOR SERVICES
AS AUTHORIZED BY 5 U.S.C. 3109.
THIS ACT MAY BE CITED AS THE "DISTRICT OF COLUMBIA APPROPRIATION ACT
OF 1974". //80 STAT. 416.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 278 (COMM. ON APPROPRIATIONS) AND
NO. 93 - 416 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 321 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 18, AUG. 3, CONSIDERED AND PASSED HOUSE. JULY 19, 20, AUG.
3, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-90, 87 STAT. 305
TO AMEND THE FEDERAL RAILROAD SAFETY ACT OF 1970 AND OTHER RELATED
ACTS TO AUTHORIZE ADDITIONAL APPROPRIATIONS, 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 "FEDERAL RAILROAD SAFETY AUTHORIZATION ACT OF 1973."
SEC. 2. SECTION 212 OF THE FEDERAL RAILROAD SAFETY ACT OF 1970 (45
U.S.C. 441) IS AMENDED TO READ AS FOLLOWS: "SEC. 212. AUTHORIZATION FOR
APPROPRIATIONS. //84 STAT. 977.//
"THERE IS AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THE PROVISIONS
OF THIS TITLE NOT TO EXCEED $19,440,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1974.".
SEC. 3. SECTION 303 OF THE HAZARDOUS MATERIALS TRANSPORTATION
CONTROL ACT OF 1970 (49 U.S.C. 1762) IS AMENDED TO READ AS FOLLOWS:
"SEC. 303. AUTHORIZATION FOR APPROPRIATIONS.
"THERE IS AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THE PROVISIONS
OF THIS TITLE NOT TO EXCEED $1,200,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1974.".
SEC. 4. THE SECRETARY OF TRANSPORTATION SHALL, WITHIN NINETY DAYS
AFTER THE DATE OF ENACTMENT OF THIS ACT, SUBMIT A REPORT TO THE CONGRESS
WHICH CONTAINS A COMPLETE EVALUATION OF ALL PROGRAMS CONDUCTED UNDER THE
HAZARDOUS MATERIALS TRANSPORTATION CONTROL ACT OF 1970, AND ON PROPOSED
REVISED HANDLING PROCEDURES AND FEASIBILITY OF ALTERNATIVE ROUTING IN
ORDER TO AVOID POPULATION CENTERS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 302 ACCOMPANYING H.R. 8813 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE).
SENATE REPORT NO. 93 - 297 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 30, CONSIDERED AND PASSED SENATE. JULY 17, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF
H. R. 8813. AUG. 1, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-89, 87 STAT. 297, DISTRICT OF COLUMBIA INSURANCE ACT.
TO IMPROVE THE LAWS RELATING TO THE REGULATION OF INSURANCE IN
THE DISTRICT OF COLUMBIA, 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 "DISTRICT OF COLUMBIA INSURANCE ACT". TITLE I--DISTRICT OF
COLUMBIA POST ASSESSMENT INSURANCE GUARANTY ASSOCIATION ACT
SEC. 101. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"DISTRICT OF COLUMBIA INSURANCE GUARANTY ASSOCIATION ACT".
SEC. 102. THE PURPOSE OF THIS TITLE IS TO PROVIDE A MECHANISM FOR
THE PAYMENT OF COVERED CLAIMS UNDER CERTAIN INSURANCE POLICIES TO AVOID
EXCESSIVE DELAY IN PAYMENT AND TO AVOID FINANCIAL LOSS TO CLAIMANTS OR
POLICYHOLDERS BECAUSE OF THE INSOLVETCY OF AN INSURER, TO ASSIST IN THE
DETECTION AND PREVENTION OF INSURER INSOLVENCIES, AND TO PROVIDE AN
ASSOCIATION TO ASSESS THE COST OF SUCH PROTECTION AMONG INSURERS.
SEC. 103. THIS TITLE SHALL APPLY TO ALL KINDS OF DIRECT INSURANCE,
EXCEPT LIFE, TITLE, DISABILITY, AND MORTGAGE GUARANTY INSURANCE.
SEC. 104. AS USED IN THIS TITLE--
(1) THE TERM "COMMISSIONER" MEANS THE COMMISSIONER OF THE DISTRICT OF
COLUMBIA OR HIS DESIGNATED AGENT.
(2) THE TERM "COVERED CLAIM" MEANS AN UNPAID CLAIM, INCLUDING ONE FOR
UNEARNED PREMIUMS, WHICH ARISES OUT OF AND IS WITHIN THE COVERAGE AND
NOT IN EXCESS OF THE APPLICABLE LIMITS OF AN INSURANCE POLICY TO WHICH
THIS TITLE APPLIES ISSUED BY AN INSURER, IF SUCH INSURER
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BECOMES AN INSOLVENT INSURER AFTER THE EFFECTIVE DATE OF THIS TITLE AND
(A) THE CLAIMANT OR INSURED IS A RESIDENT OF THE DISTRICT OF COLUMBIA AT
THE TIME OF THE INSURED EVENT; OR (B) THE PROPERTY FROM WHICH THE CLAIM
ARISES IS PERMANENTLY LOCATED IN THE DISTRICT OF COLUMBIA. SUCH TERM
SHALL NOT INCLUDE ANY AMOUNT DUE ANY REINSURER, INSURER, INSURANCE POOL,
OR UNDERWRITING ASSOCIATION, AS SUBROGATION RECOVERIES OR OTHERWISE.
(3) THE TERM "INSOLVENT INSURER" MEANS (A) AN INSURER AUTHORIZED TO
TRANSACT INSURANCE IN THE DISTRICT OF COLUMBIA, EITHER AT THE TIME THE
POLICY WAS ISSUED OR WHEN THE INSURED EVENT OCCURED, WHO HAS BEEN
DETERMINED TO BE INSOLVENT BY A COURT OF COMPETENT JURISDICTION.
(4) THE TERM "MEMBER INSURER" MEANS ANY PERSON WHO (A) WRITES ANY
KIND OF INSURANCE TO WHICH THIS TITLE APPLIES, INCLUDING THE EXCHANGE OF
RECIPROCAL OR INTERINSURANCE CONTRACTS, AND (B) IS LICENSED TO TRANSACT
INSURANCE IN THE DISTRICT OF COLUMBIA.
(5) THE TERM "NET DIRECT WRITTEN PREMIUMS" MEANS DIRECT GROSS
PREMIUMS WRITTEN IN THE DISTRICT ON INSURANCE POLICIES TO WHICH THIS
TITLE APPLIES, LESS RETURN PREMIUMS THEREON AND DIVIDENDS PAID OR
CREDITED TO POLICYHOLDERS ON SUCH DIRECT BUSINESS. SUCH TERM DOES NOT
INCLUDE PREMIUMS ON CONTRACTS BETWEEN INSURERS OR REINSURERS.
(6) THE TERM "PERSON" INCLUDES INDIVIDUALS, CORPORATIONS,
ASSOCIATIONS, EXCHANGES, AND PARTNERSHIPS.
SEC. 105. THERE IS CREATED A NONPROFIT UNINCORPORATED LEGAL ENTITY
TO BE KNOWN AS THE DIRECT OF COLUMBIA INSURANCE GUARANTY ASSOCIATION
(HEREAFTER IN THIS TITLE REFERRED TO AS THE "ASSOCIATION"). ALL MEMBER
INSURERS SHALL BE AND REMAIN MEMBERS OF THE ASSOCIATION AS A CONDITION
OF THEIR AUTHORITY TO TRANSACT INSURANCE IN THE DISTRICT OF COLUMBIA.
THE ASSOCIATION SHALL PERFORM ITS FUNCTIONS UNDER A PLAN OF OPERATION
ESTABLISHED AND APPROVED BY THE COMMISSIONER AND SHALL EXERCISE ITS
POWERS THROUGH A BOARD OF DIRECTORS (HEREAFTER IN THIS TITLE REFERRED TO
AS THE "BOARD"). FOR PURPOSES OF ADMINISTRATION AND ASSESSMENT, THE
ASSOCIATION SHALL BE DIVIDED INTO THREE SEPARATE ACCOUNTS: (A) THE
BOARD SHALL CONSIST OF NOT LESS THAN FIVE NOR MORE THAN NINE PERSONS
SERVING TERMS AS ESTABLISHED IN THE PLAN OF OPERATION. THE MEMBERS OF
THE BOARD SHALL BE SELECTED BY MEMBER INSURERS SUBJECT TO THE APPROVAL
OF THE COMMISSIONER. VACANCIES ON THE BOARD SHALL BE FILLED FOR THE
REMAINING PERIOD OF THE TERM IN THE SAME MANNER AS INITIAL APPOINTMENTS.
IF NO MEMBERS ARE SELECTED WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE
OF THIS TITLE, THE COMMISSIONER MAY APPOINT THE INITIAL MEMBERS OF THE
BOARD.
(B) IN APPROVING SELECTIONS TO THE BOARD, THE COMMISSIONER SHALL
CONSIDER AMONG OTHER THINGS WHETHER ALL MEMBER INSURERS ARE FAIRLY
REPRESENTED.
(C) MEMBERS OF THE BOARD MAY BE REIMBURSED FROM THE ASSETS OF THE
ASSOCIATION FOR EXPENSES INCURRED BY THEM AS MEMBERS OF THE BOARD.
SEC. 107. (A) THE ASSOCIATION SHALL--
(1) BE OBLIGATED TO THE EXTENT OF THE COVERED CLAIMS EXISTING
PRIOR TO THE DETERMINATION OF INSOLVENCY AND ARISING WITHIN THIRTY
DAYS AFTER THE DETERMINATION OF INSOLVETCY, OR BEFORE THE POLICY
EXPIRATION DATE IF LESS THAN THIRTY DAYS AFTER THE DETERMINATION,
OR BEFORE THE INSURED REPLACES THE POLICY OR CAUSES ITS
CANCELLATION, IF HE DOES SO WITHIN THIRTY DAYS OF THE
DETERMINATION, BUT SUCH OBLIGATION SHALL INCLUDE ONLY THRT AMOUNT
OF EACH COVERED CLAIM WHICH IS IN EXCESS OF $100 AND IS LESS THAN
$300,000, EXCEPT THAT THE ASSOCIATION SHALL PAY THE FULL AMOUNT OF
ANY COVERED CLAIM ARISING OUT OF A WORKMEN'S COMPENSATION POLICY;
EXCEPT IN NO EVENT SHALL THE ASSOCIATION BE OBLIGATED TO A
POLICYHOLDER OR CLAIMANT IN AN AMOUNT IN EXCESS OF THE OBLIGATION
OF THE INSOLVENT INSURER UNDER THE POLICY FROM WHICH THE CLAIM
ARISES;
(2) BE DEEMED THE INSURER TO THE EXTENT OF ITS OBLIGATION ON
THE COVERED CLAIMS AND TO SUCH EXTENT SHALL HAVE ALL RIGHTS,
DUTIES, AND OBLIGATIONS OF THE INSOLVENT INSURER AS IF THE INSURER
HAD NOT BECOME INSOLVENT;
(3) ALLOCATE CLAIMS PAID AND EXPENSES INCURRED AMONG THE THREE
ACCOUNTS SEPARATELY, AND ASSESS MEMBER INSURERS SEPARATELY,
ACCORDING TO SUBSECTION (B) OF THIS SECTION, FOR EACH ACCOUNT
AMOUNTS NECESSARY TO PAY THE OBLIGATIONS OF THE ASSOCAITION UNDER
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SC SD TN TX UT VT PARAGRAPH (1) OF THIS SUBSECTION SUBSEQUENT TO
AN INSOLVENCY, THE EXPENSES OF HANDLING COVERED CLAIMS SUBSEQUENT
TO AN INSOLVENCY, THE COST OF EXAMINATIONS UNDER SECTION 112 AND
OTHER EXPENSES AUTHORIZED BY THIS TITLE;
(4) INVESTIGATE CLAIMS BROUGHT AGAINST THE ASSOCIATION AND
ADJUST, COMPROMISE, SETTLE, AND PAY COVERED CLAIMS TO THE EXTENT
OF THE ASSOCIATION'S OBLIGATION AND DENY ALL OTHER CLAIMS AND MAY
REVIEW SETTLEMENTS, RELEASES AND JUDGMENTS TO WHICH THE INSOLVENT
INSURER OR ITS INSUREDS WERE PARTIES TO DETERMINE THE EXTENT TO
WHICH SUCH SETTLEMENTS, RELEASES AND JUDGMENTS MAY BE PROPERLY
CONTESTED;
(5) NOTIFY SUCH PERSONS AS THE COMMISSIONER DIRECTS UNDER
SECTION 109 (B) (1);
(6) HANDLE CLAIMS THROUGH ITS EMPLOYEES OR THROUGH ONE OR MORE
INSURERS OR OTHER PERSONS DESIGNATED, SUBJECT TO THE APPROVAL OF
THE COMMISSIONER, AS SERV ICING FACILITIES, EXCEPT SUCH
DESIGNATION MAY BE DECLINED BY A MEMBER INSURER; AND
(7) REIMBURSE EACH SERV ICING FACILITY FOR OBLIGATIONS OF THE
ASSOCIATION PAID BY THE FACILITY AND FOR EXPENSES INCURRED BY THE
FACILITY WHILE HANDLING CLAIMS ON BEHALF OF THE ASSOCIATION, AND
PAY THE OTHER EXPENSES OF THE ASSOCIATION AUTHORIZED BY THIS
TITLE.
(B) THE ASSESSMENTS OF EACH MEMBER INSURER UNDER PARAGRAPH (3) OF
SUBSECTION (A) OF THIS SECTION SHALL BE IN THE PROPORTION THAT THE NET
DIRECT WRITTEN PREMIUMS OF THE MEMBER INSURER FOR THE PRECEDING CALENDAR
YEAR ON THE KINDS OF INSURANCE IN THE ACCOUNT BEARS TO THE NET DIRECT
WRITTEN PREMIUMS OF ALL MEMBER INSURERS FOR THE PRECEDING CALENDAR YEAR
ON THE KINDS OF INSURANCE IN THE ACCOUNT. EACH MEMBER INSURER SHALL BE
NOTIFIED OF THE ASSESSMENT NOT LATER THAN THIRTY DAYS BEFORE IT IS DUE.
NO MEMBER INSURER MAY BE ASSESSED IN ANY YEAR ON ANY ACCOUNT AN AMOUNT
GREATER THAN 2 PER CENTUM OF THAT MEMBER INSURER'S NET DIRECT WRITTEN
PREMIUMS FOR THE PRECEDING CALENDAR YEAR ON THE KINDS OF INSURANCE IN
THE ACCOUNT. IF THE MAXIMUM ASSESSMENT, TOGETHER WITH THE OTHER ASSETS
OF THE ASSOCIATION IN ANY ACCOUNT, DOES NOT PROVIDE IN ANY ONE YEAR IN
ANY ACCOUNT AN AMOUNT SUFFICIENT TO MAKE ALL NECESSARY PAYMENTS FROM
THAT ACCOUNT, THE FUNDS AVAILABLE SC SD TN TX UT VT
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SHARON CROW SHALL BE PRORATED AND THE UNPAID PORTION SHALL BE PAID AS
SOON THEREAFTER AS FUNDS BECOME AVAILABLE. THE ASSOCIATION MAY EXEMPT
OR DEFER, IN WHOLE OR IN PART, THE ASSESSMENT OF ANY MEMBER INSURER, IF
THE ASSESSMENT WOULD CAUSE THE MEMBER INSURER'S FINANCIAL STATEMENT TO
REFLECT AMOUNTS OF CAPITAL OR SURPLUS LESS THAN THE MINIMUM AMOUNTS
REQUIRED FOR A CERTIFICATE OF AUTHORITY BY ANY JURISDICTION IN WHICH THE
MEMBER INSURER IS AUTHORIZED TO TRANSACT INSURANCE. EACH MEMBER INSURER
MAY SET OFF AGAINST ANY ASSESSMENT, AUTHORIZED PAYMENTS MADE ON COVERED
CLAIMS AND EXPENSES INCURRED IN THE PAYMENT OF SUCH CLAIMS BY THE MEMBER
INSURER IF THEY ARE CHARGEABLE TO THE ACCOUNT FOR WHICH THE ASSESSMENT
IS MADE.
(C) THE ASSOCIATION MAY--
(1) EMPLOY OR RETAIN SUCH PERSONS AS ARE NECESSARY TO HANDLE
CLAIMS AND PERFORM OTHER DUTIES OF THE ASSOCIATION;
(2) BORROW FUNDS NECESSARY TO EFFECT THE PURPOSES OF THIS TITLE
IN ACCORD WITH THE PLAN OF OPERATION;
(3) SUE OR BE SUED.
(4) NEGOTIATE AND BECOME A PARTY TO SUCH CONTRACTS AS ARE
7 NECESSARY TO CARRY OUT THE PURPOSE OF THIS TITLE;
(5) PERFORM SUCH OTHER ACTS AS ARE NECESSARY OR PROPER TO
EFFECTUATE THE PURPOSE OF THIS TITLE; AND
(6) REFUND TO THE MEMBER INSURERS IN PROPORTION TO THE
CONTRIBUTION OF EACH MEMBER INSURER TO THAT ACCOUNT THAT AMOUNT BY
WHICH THE ASSETS OF THE ACCOUNT EXCEED THE LIABILITIES, IF, AT THE
END OF ANY CALENDAR YEAR, THE BOARD FINDS THAT THE ASSETS OF THE
ASSOCIATION IN ANY ACCOUNT EXCEED THE LIABILITIES OF THAT ACCOUNT
AS ESTIMATED BY THE BOARD FOR THE COMING YEAR.
SEC. 108. (A) (1) THE BOARD SHALL SUBMIT TO THE COMMISSIONER A PLAN
OF OPERATION AND ANY AMENDMENTS THERETO NECESSARY OR SUITABLE TO ASSURE
THE FAIR, REASONABLE, AND EQUITABLE ADMINISTRATION OF THE ASSOCIATION.
THE PLAN OF OPERATION AND ANY AMENDMENTS THERETO SHALL BECOME EFFECTIVE
UPON APPROVAL IN WRITING BY THE COMMISSIONER.
(2) IF THE BOARD FAILS TO SUBMIT A SUITABLE PLAN OF OPERATION WITHIN
NINETY DAYS FOLLOWING THE EFFECTIVE DATE, OF THIS TITLE OR IF AT ANY
TIME THEREAFTER THE BOARD FAILS TO SUBMIT SUITABLE AMENDMENTS TO THE SC
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H R N CROW PLAN, THE COMMISSIONER SHALL, AFTER NOTICE AND HEARING, ADOPT
AND PROMULGATE SUCH REASONABLE RULES AS ARE NECESSARY OR ADVISABLE TO
EFFECTUATE THE PROVISIONS OF THIS TITLE. SUCH RULES SHALL CONTINUE IN
FORCE UNTIL MODIFIED BY THE COMMISSIONER OR SUPERSEDED BY A PLAN
SUBMITTED BY THE BOARD AND APPROVED BY THE COMMISSIONER.
(B) ALL MEMBER INSURERS SHALL COMPLY WITH THE PLAN OF OPERATION.
(C) THE PLAN OF OPERATION SHALL--
(1) ESTABLISH THE PROCEDURES WHEREBY ALL THE POWERS AND DUTIES
OF THE ASSOCIATION UNDER SECTION 107 WILL BE PERFORMED;
(2) ESTABLISH PROCEDURES FOR HANDLING ASSETS OF THE
ASSOCIATION;
(3) ESTABLISH THE AMOUNT AND METHOD OF REIMBURSING MEMBERS OF
THE BOARD UNDER SECTION 106;
(4) ESTABLISH PROCEDURES BY WHICH CLAIMS MAY BE FILED WITH THE
ASSOCIATION AND ESTABLISH ACCEPTABLE FORMS OF PROOF OF COVERED
CLAIMS;
(5) ESTABLISH REGULAR PLACES AND TIMES FOR MEETINGS OF THE
BOARD;
(6) ESTABLISH PROCEDURES FOR RECORDS TO BE KEPT OF ALL
FINANCIAL TRANSACTIONS OF THE ASSOCIATION, ITS AGENTS, AND THE
BOARD;
(7) PROVIDE THAT ANY MEMBER INSURER AGGRIVED BY A FINAL ACTION
OR DECISION OF THE ASSOCIATION MAY APPEAL TO THE COMMISSIONER
WITHIN THIRTY DAYS AFTER THE ACTION OR DECISION;
(8) ESTABLISH THE PROCEDURES WHEREBY SELECTIONS FOR THE BOARD
WILL BE SUBMITTED TO THE COMMISSIONER; AND
(9) CONTAIN ADDITIONAL PROVISIONS NECESSARY OR PROPER FOR THE
EXECUTION OF THE POWERS AND DUTIES OF THE ASSOCIATION.
(D) THE PLAN OF OPERATION MAY PROVIDE THAT ANY OR ALL POWERS AND
DUTIES OF THE ASSOCIATION, EXCEPT THOSE UNDER SUBSECTIONS 107 (A) (3)
AND (C) (2), ARE DELEGATED TO A CORPORATION, ASSOCIATION, OR OTHER
ORGANIZATION WHICH PERFORMS OR WILL PERFORM FUNCTIONS SIMILAR TO THOSE
OF THIS ASSOCIATION, OR ITS EQUIVALENT, IN TWO OR MORE STATES. SUCH A
CORPORATION, ASSOCIATION, OR ORGANIZATION SHALL BE REIMBURSED AS A
SERVICING FACILITY WOULD BE REIMBURSED AND SHALL BE PAID FOR ITS
PERFORMANCE OF ANY OTHER FUNCTIONS OF THE ASSOCIATION. A DELEGATION
UNDER THIS SUBSECTION SHALL TAKE EFFECT ONLY WITH THE APPROVAL OF BOTH
THE BOARD AND THE COMMISSIONER, AND MAY BE MADE ONLY TO A CORPORATION,
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R ROW ASSOCIATION, OR ORGANIZATION WITH EXTENDS PROTECTION IN A
MANNER SUBSTANTIALLY SIMILAR TO THAT PROVIDED BY THIS TITLE.
(E) NOTICE OF CLAIMS TO THE RECEIVER OR LIQUIDATOR OF THE INSOLVENT
INSURER SHALL BE DEEMED NOTICE TO THE ASSOCIATION OR ITS AGENT AND A
LIST OF SUCH CLAIMS SHALL BE PERIODICALLY SUBMITTED TO THE ASSOCIATION
OR SIMILAR ORGANIZATION IN ANOTHER STATE BY THE RECEIVER OR LIQUIDATOR.
SEC. 109. (A) THE COMMISSIONER SHALL--
(1) NOTIFY THE ASSOCIATION OF THE EXISTENCE OF AN INSOLVENT
INSURER NOT LATER THAN THREE DAYS AFTER HE RECEIVES NOTICE OF THE
DE &RMINATION OF THE INSOLVENCY; AND
(2) UPON REQUEST OF THE BOARD PROVIDE THE ASSOCIATION WITH A
STATEMENT OF THE NET DIRECT WRITTEN PREMIUMS OF EACH MEMBER
INSURER.
(B) THE COMMISSIONER MAY--
(1) REQUIRE THAT THE ASSOCIATION NOTIFY THE INSUREDS OF THE
INVOLVENT INSURER AND ANY OTHER INTERESTED PARTIES OF THE
DETERMINATION OF INSOLVENCY AND OF THEIR RIGHTS UNDER THIS TITLE
BY MAIL AT THEIR LAST KNOWN ADDRESS, WHERE AVAILABLE, OR BY
PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION, IF SUFFICIENT
INFORMATION FOR NOTIFICATION BY MAIL IS NOT AVAILABLE;
(2) SUSPEND OR REVOKE, AFTER NOTICE AND HEARING, THE
CERTIFICATE OF AUTHORITY TO TRANSACT INSURANCE IN THE DISTRICT OF
COLUMBIA OF ANY MEMBER INSURER WHICH FAILS TO PAY AN ASSESSMENT
WHEN DUE OR FAILS TO COMPLY WITH THE PLAN OF OPERATION, OR LEVY A
FINE ON ANY MEMBER INSURER WHICH FAILS TO PAY AN ASSESSMENT WHEN
DUE, EXCEPT SUCH FINE SHALL NOT EXCEED 5 PER CENTUM OF THE UNPAID
ASSESSMENT PER MONTH, EXCEPT THAT NO FINE SHALL BE LESS THAN $100
PER MONTH; AND
(3) REVOKE THE DESIGNATION OF ANY SERVICING FACILITY IF HE
FINDS CLAIMS ARE BEING HANDLED UNSATISFACTORILY.
(C) ALL FINAL ORDERS OR DECISIONS OF THE COMMISS'ONER MADE UNDER THIS
ACT SHALL BE SUBJECT TO REVIEW IN ACCORDANCE WITH SECTION 11 OF THE
DISTRICT OF COLUMBIA ADMINISTRATIVE PROCEDURES ACT (D.C. CODE, SEC. 1 -
1510).
SEC. 110. (A) ANY PERSON RECOVERING UNDER THIS TITLE SHALL BE DEEMED
TO HAVE ASSIGNED HIS RIGHTS UNDER THE POLICY TO THE ASSOCIATION TO THE
EXTENT OF HIS RECOVERY FROM THE ASSOCIATION. //82 STAT. 1209; 84 STAT.
582.// EVERY INSURED OR CLAIMANT SEEKING THE PROTECTION OF THIS TITLE
SHALL COOPERATE WITH THE ASSOCIATION TO THE SAME EXTENT AS SUCH PERSON
WOULD HAVE BEEN REQUIRED TO COOPERATE WITH THE INSOLVENT INSURER. THE
ASSOCIATION SHALL HAVE NO CAUSE OF ACTION AGAINST THE INSURED OF THE
INSOLVENT INSURER FOR ANY SUMS IT HAS PAID OUT EXCEPT SUCH CAUSES OF
ACTION AS THE INSOLVENT INSURER WOULD HAVE HAD IF SUCH SUMS HAD BEEN
PAID BY THE INSOLVENT INSURER. IN THE CASE OF AN INSOLVENT INSURER
OPERATING ON A PLAN WITH ASSESSMENT LIABILITY, PAYMENTS OF CLAIMS OF THE
ASSOCIATION SHALL NOT OPERATE TO REDUCE THE INSURED'S LIABILITY TO THE
RECEIVER, LIQUIDATOR, OR STATUTORY SUCCESSOR FOR UNPAID ASSESSMENTS.
(B) THE RECEIVER, LIQUIDATOR, OR STATUTORY SUCCESSOR OF AN INSOLVENT
INSURER SHALL BE BOUND BY SETTLEMENTS OF COVERED CLAIMS BY THE
ASSOCIATION OR A SIMILAR ORGANIZATION IN ANOTHER STATE. THE COURT
HAVING JURISDICTION SHALL GRANT SUCH CLAIMS PRIORITY EQUAL TO THAT WHICH
THE CLAIMANT WOULD HAVE BEEN ENTITLED IN THE ABSENCE OF THIS TITLE
AGAINST THE ASSETS OF THE INSOLVENT INSURER.
(C) THE ASSOCIATION SHALL PERIODICALLY FILE WITH THE RECEIVER OR
LIQUIDATOR OF THE INSOLVENT INSURER STATEMENTS OF THE COVERED CLAIMS
PAID BY THE ASSOCIATION WHICH SHALL PRESERVE THE RIGHTS OF THE
ASSOCIATION AGAINST THE ASSETS OF THE INSOLVENT INSURER.
SEC. 111. (A) ANY PERSON HAVING A CLAIM AGAINST AN INSURER UNDER ANY
PROVISION IN AN INSURANCE POLICY, OTHER THAN A POLICY OF AN INSOLVENT
INSURER WHICH IS ALSO A COVERED CLAIM, SHALL BE REQUIRED TO EXHAUST
FIRST HIS RIGHT UNDER SUCH POLICY. ANY AMOUNT PAYABLE ON A COVERED
CLAIM UNDER THIS TITLE SHALL BE REDUCED BY THE AMOUNT OF ANY RECOVERY
UNDER SUCH INSURANCE POLICY.
(B) ANY PERSON HAVING A CLAIM WHICH MAY BE RECOVERED UNDER MORE THAN
ONE INSURANCE GUARANTY ASSOCIATION OR ITS EQUIAVALENT SHALL SEEK
RECOVERY FIRST FROM THE ASSOCIATION OF THE PLACE OF RESIDENCE OF THE
INSURED EXCEPT THAT IF IT IS A FIRST PARTY CLAIM FOR DAMAGE TO PROPERTY
WITH A PERMANENT LOCATION, HE SHALL SEEK RECOVERY FIRST FROM THE
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SHARON CROW ASSOCIATION OF THE LOCATION OF THE PROPERTY, AND IF IT IS A
WORKMEN'S COMPENSATION CLAIM, HE SHALL SEEK RECOVERY FIRST FROM THE
ASSOCIATION OF THE RESIDENCE OF THE CLAIMANT. ANY RECOVERY UNDER THIS
TITLE SHALL BE REDUCED BY THE AMOUNT OF RECOVERY FROM ANY OTHER
INSURANCE GUARANTY ASSOCIATION OR ITS EQUIVALENT.
SEC. 112. (A) TO AID IN THE DETECTION AND PREVENTION OF INSURER
INSOLVENCIES--
(1) IT SHALL BE THE DUTY OF THE BOARD, UPON MAJORITY VOTE, TO
NOTIFY THE COMMISSIONER OF ANY INFORMATION INDICATING ANY MEMBER
INSURER MAY BE INSOLVENT OR IN A FINANCIAL CONDITION HAZARDOUS TO
THE POLICYHOLDERS OR THE PUBLIC; AND
(2) THE BOARD MAY, UPON MAJORITY VOTE, REQUEST THAT THE
COMMISSIONER ORDER AN EXAMINATION OF ANY MEMBER INSURER WHICH THE
BOARD IN GOOD FAITH BELIEVES MAY BE IN A FINANCIAL CONDITION
HAZARDOUS TO THE POLICYHOLDERS OR THE PUBLIC.
(B) AN EXAMINATION MAY BE CONDUCTED, UNDER THIS SECTION AS A NATIONAL
ASSOCIATION OF INSURANCE COMMISSIONER EXAMINATION OR MAY BE CONDUCTED BY
SUCH PERSON AS THE COMMISSIONER DESIGNATES. THE COST OF SUCH
EXAMINATION SHALL BE PAID BY THE ASSOCIATION AND THE EXAMINATION REPORT
SHALL BE TREATED AS ARE OTHER EXAMINATION REPORTS. IN NO EVENT SHALL
SUCH EXAMINATION REPORT BE RELEASED TO THE BOARD PRIOR TO ITS RELEASE TO
THE PUBLIC, BUT THIS SHALL NOT PRECLUDE THE COMMISSIONER FROM COMPLYING
WITH SUBSECTION (C) OF THIS SECTION. THE COMMISSIONER SHALL NOTIFY THE
BOARD WHEN THE EXAMINATION IS COMPLETED. THE REQUEST FOR AN EXAMINATION
SHALL BE KEPT ON FILE BY THE COMMISSIONER BUT IT SHALL NOT BE OPEN TO
PUBLIC INSPECTION PRIOR TO THE RELEASE OF THE EXAMINATION REPORT TO THE
PUBLIC.
(C) IT SHALL BE THE DUTY OF THE COMMISSIONER TO REPORT TO THE BOARD
WHEN HE HAS REASONABLE CAUSE TO BELIEVE THAT ANY MEMBER INSURER EXAMINED
OR BEING EXAMINED AT THE REQUEST OF THE BOARD MAY BE INSOLVENT OR IN A
FINANCIAL CONDITION HAZARDOUS TO THE POLICYHOLDERS OR THE PUBLIC.
(D) THE BOARD MAY, UPON MAJORITY VOTE, MAKE REPORTS AND
RECOMMENDATIONS TO THE COMMISSIONER UPON ANY MATTER GERMANE TO THE
SOLVENCY, LIQUIDATION, REHABILITATION, OR CONSERVATION OF ANY MEMBER
INSURER. SUCH REPORTS AND RECOMMENDATIONS SHALL NOT BE CONSIDERED
PUBLIC DOCUMENTS.
(E) THE BOARD MAY, UPON MAJORITY VOTE, MAKE RECOMMENDATIONS TO THE
COMMISSIONER FOR THE DETECTION AND PREVENTION OF INSURER INSOLVENCIES.
(F) THE BOARD SHALL, AT THE CONCLUSION OF ANY INSURER INSOLVENCY IN
WHICH THE ASSOCIATION WAS OBLIGATED TO PAY COVERED CLAIMS, PREPARE A
REPORT ON THE HISTORY AND CAUSES OF SUCH INSOLVENCY, BASED ON THE
INFORMATION AVAILABLE TO THE ASSOCIATION, AND SUBMIT SUCH REPORT TO THE
COMMISSIONER.
SEC. 113. THE ASSOCIATION SHALL BE SUBJECT TO EXAMINATION AND
REGULATION BY THE COMMISSIONER. THE BOARD SHALL SUBMIT, NOT LATER THAN
MARCH 30 OF EACH YEAR, A FINANCIAL REPORT FOR THE PRECEDING CALENDAR
YEAR ON A FORM APPROVED BY THE COMMISSIONER.
SEC. 114. THE ASSOCIATION SHALL BE EXEMPT FROM PAYMENT OF ALL FEES
AND TAXES LEVIED OR COLLECTED BY THE DISTRICT OF COLUMBIA, EXCEPT TAXES
LEVIED ON REAL OR PERSONAL PROPERTY.
SEC. 115. THE RATES AND PREMIUMS CHARGED FOR INSURANCE POLICIES TO
WHICH THIS TITLE APPLIES SHALL INCLUDE AMOUNTS SUFFICIENT TO RECOUP A
SUM EQUAL TO THE AMOUNTS PAID TO THE ASSOCIATION BY THE MEMBER INSURER
LESS ANY AMOUNTS RETURNED TO THE MEMBER INSURER BY THE ASSOCIATION AND
SUCH RATES SHALL NOT BE DEEMED EXCESSIVE BECAUSE THEY CONTAIN AN AMOUNT
REASONABLY CALCULATED TO RECOUP ASSESSMENTS PAID BY THE MEMBER INSURER.
SEC. 116. THERE SHALL BE NO LIABILITY ON THE PART OF AND NO CAUSE OF
ACTION OF ANY NATURE SHALL RISE AGAINST ANY MEMBER INSURER, THE
ASSOCIATION OR ITS AGENTS OR EMPLOYEES, THE BOARD, OR THE COMMISSIONER
OR HIS REPRESENTATIVES FOR ANY ACTION TAKEN BY THEM IN THE PERFORMANCE
OF THEIR POWERS AND DUTIES UNDER THIS TITLE.
SEC. 117. ALL PROCEEDINGS IN WHICH THE INSOLVENT INSURER IS A PARTY
OR IS OBLIGATED TO DEFEND A PARTY IN ANY COURT IN THE DISTRICT OF
COLUMBIA SHALL BE STAYED FOR SIXTY DAYS FROM THE DATE THE INSOLVENCY IS
DETERMINED TO PERMIT PROPER DEFENSE BY THE ASSOCIATION OF ALL PENDING
CAUSES OF ACTION. AS TO ANY COVERED CLAIMS ARISING FROM A JUDGMENT
UNDER ANY DECISION, VERDICT, OR FINDING BASED ON THE DEFAULT OF THE
INSOLVENT INSURER OR ITS FAILURE TO DEFEND AN INSURED, THE ASSOCIATION
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^ N CROW EITHER ON ITS OWN BEHALF OR ON BEHALF OF SUCH INSURED MAY APPLY
TO HAVE SUCH JUDGMENT, ORDER, DECISION, VERDICT, OR FINDING SET ASIDE BY
THE SAME COURT OR ADMINISTRATOR THAT MADE SUCH JUDGMENT, ORDER,
DECISION, VERDICT, OR FINDING AND SHALL BE PERMITTED TO DEFEND AGAINST
SUCH CLAIM ON THE MERITS.
SEC. 118. (A) THE COMMISSIONER SHALL BE ORDER TERMINATE THE
OPERATION OF THE DISTRICT OF COLUMBIA INSURANCE GUARANTY ASSOCIATION AS
TO ANY KIND OF INSURANCE AFFORDED BY PROPERTY OR CASUALTY, INSURANCE
POLICIES WITH RESPECT TO WHICH HE HAS FOUND, AFTER HEARING, THAT THERE
IS IN EFFECT A STATUTORY OR VOLUNTARY PLAN WHICH--
(1) IS A PERMANENT PLAN WHICH IS ADEQUATELY FUNDED OR FOR WHICH
ADEQUATE FUNDING IS PROVIDED; AND
(2) EXTENDS OR WILL EXTEND TO DISTRICT OF COLUMBIA
POLICYHOLDERS AND RESIDENTS PROTECTION AND BENEFITS WITH RESPECT
TO INSOLVENT INSURERS NOT SUBSTANTIALLY LESS FAVORABLE AND
EFFECTIVE TO SUCH POLICYHOLDERS AND RESIDENTS AND THE PROTECTION
AND BENEFITS PROVIDED WITH RESPECT TO SUCH KIND OF INSURANCE UNDER
THIS TITLE.
(B) THE COMMISSIONER SHALL BE THE SAME SUCH ORDER AUTHORIZE
DISCONTINUANCE OF FUTURE PAYMENTS BY INSURERS TO THE DISTRICT OF
COLUMBIA INSURANCE GUARANTY ASSOCIATION WITH RESPECT TO THE SAME KINDS
OF INSURANCE, EXCEPT ASSESSMENTS AND PAYMENTS SHALL CONTINUE, AS
NECESSARY, TO LIQUIDATE COVERED CLAIMS OF INSURERS ADJUDGED INSOLVENT
PRIOR TO SAID ORDER AND THE RELATED EXPENSES NOT COVERED BY SUCH OTHER
PLAN.
(C) IN THE EVENT THE OPERATION OF ANY ACCOUNT OF THE DISTRICT OF
COLUMBIA INSURANCE GUARANTY ASSOCIATION SHALL BE SO TERMINATED AS TO ALL
KINDS OF INSURANCE OTHERWISE WITHIN ITS SCOPE, THE ASSOCIATION AS SOON
AS POSSIBLE THEREAFTER SHALL DISTRIBUTE THE BALANCE OF MONEYS AND ASSETS
REMAINING IN SAID ACCOUNT (AFTER DISCHARGE OF THE FUNCTIONS OF THE
ASSOCIATION WITH RESPECT TO PRIOR INSURER INSOLVENCIES NOT COVERED BY
SUCH OTHER PLAN, TOGETHER WITH RELATED EXPENSES) TO THE INSURERS WHICH
ARE THEN WRITING IN THE DISTRICT OF COLUMBIA POLICIES OF THE KINDS OF
INSURANCE COVERED BY SUCH ACCOUNT, AND WHICH HAD MADE PAYMENTS INTO SUCH
ACCOUNT, PRO RATA UPON THE BASIS OF THE AGGREGATE OF SUCH PAYMENTS MADE
BY THE RESPECTIVE INSURERS TO SUCH ACCOUNT DURING THE PERIOD OF FIVE
YEARS NEXT PRECEDING THE DATE OF SUCH ORDER. UPON COMPLETION OF SUCH
DISTRIBUTION WITH RESPECT TO ALL OF THE ACCOUNTS SPECIFIED IN SECTION
105, THIS TITLE SHALL BE DEEMED TO HAVE EXPIRED. TITLE II--AMENDMENT OF
THE LIFE INSURANCE ACT
OF THE DISTRICT OF COLUMBIA TO INCREASE CAPITAL REQUIREMENTS
OF LIFE INSURANCE COMPANIES.
SEC. 201. CHAPTER 3 OF THE LIFE INSURANCE ACT (D.C. CODE, SECS. 35 -
501 - 35 - 541) IS AMENDED AS FOLLOWS:
(1) SECTION 8 (A) OF SUCH CHAPTER (D.C. CODE, SEC. 35 - 508
(A)) IS AMENDED (A) BY STRIKING OUT IN THE FIRST SENTENCE
"$200,000" AND INSERTING IN LIEU THEREOF "$1,000,000", AND (B) BY
STRIKING OUT IN THE LAST SENTENCE "$150,000" AND INSERTING IN LIEU
THEREOF, "$1,500,000". //48 STAT. 1145; 78 STAT. 764.//
(2) SECTION 8 (B) OF SUCH CHAPTER (D.C. CODE, SEC. 35 - 508
(B)) IS AMENDED (A) BY INSERTING "OR SUBSEQUENT AMENDMENT"
IMMEDIATELY AFTER "SUBSECTION", AND (B) BY INSERTING "OR THE
MINIMUM SURPLUS REQUIRED OF A MUTUAL COMPANY" IMMEDIATELY AFTER
"STOCK COMPANY".
(3) PARAGRAPH 10 (B) (II) OF SECTION 35 OF SUCH CHAPTER (D.C.
CODE, SEC. 35 - 535 (10) (B) (II)) IS AMENDED BY STRIKING OUT
"$300,000" AND "$150,000" AND INSERTING IN LIEU THEREOF
"$1,500,000" IN EACH SUCH PLACE. //78 STAT. 765.//
(4) PARAGRAPH (15) (II) OF SECTION 35 OF SUCH CHAPTER (D.C.
CODE, SEC. 35 - 535 (15) (II)) IS AMENDED BY STRIKING OUT
"$300,000" AND "$150,000" AND INSERTING IN LIEU THEREOF
"$1,500,000" IN EACH SUCH PLACE.
SEC. 202. THE AMENDMENT MADE BY THIS TITLE SHALL TAKE EFFECT THIRTY
DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT. TITLE III- MENDMENT OF THE
LIFE INSURANCE ACT
OF THE DISTRICT OF COLUMBIA TO INCREASE GROUP
TERM LIFE INSURANCE AMOUNT LIMITATIONS
SEC. 301. SECTIONS 10 (1) (D), 10 (3) (D), 10 (4) (D), 10 (6) (D),
AND 10 (9) (D) OF CHAPTER V OF THE LIFE INSURANCE ACT (D.C. CODE, SECS.
35 - 710 (1) (D), (3) (D), (4) (D), (6) (D), AND (9) (D)), ARE AMENDED
(1) BY STRIKING OUT "$20,000" EACH PLACE IT APPEARS AND INSERTING IN
LIEU THEREOF "#30,000"; (2) BY STRIKING OUT "$40,000" EACH PLACE IT
APPEARS AND INSERTING IN LIEU THEREOF "$100,000"; AND (3) BY STRIKING
OUT "150" EACH PLACE IT APPEARS AND INSERTING IN LIEU THEREOF "300".
//74 STAT. 315; 76 STAT. 1131.//
SEC. 302. THE FIRST SENTENCE OF SECTION 11 OF CHAPTER V OF THE LIFE
INSURANCE ACT (D.C. CODE, SEC. 35 - 711), IS AMENDED (1) BY STRIKING OUT
"AND" BETWEEN CLAUSES (B) AND (C), (2) BY STRIKING OUT THE COLON AT THE
END OF CLAUSE (C) AND INSERTING IN LIEU THEREOF A SEMICOLON AND (3) BY
INSERTING IMMEDIATELY THEREAFTER A NEW CLAUSE (D) AS FOLLOWS: "AND (D)
THAT SUBJECT TO THE TERMS OF THE POLICY ANY PERSON INSURED UNDER A GROUP
LIFE INSURANCE CONTRACT, WHETHER ISSUED BEFORE OR AFTER THE EFFECTIVE
DATE OF THIS CLAUSE, MAY MAKE TO ANY PERSON, OTHER THAN HIS EMPLOYER, AN
ABSOLUTE OR COLLATERAL ASSIGNMENT OF ANY OR ALL THE RIGHTS AND BENEFITS
CONFERRED ON HIM BY ANY PROVISION OF SUCH POLICY OR BY LAW, INCLUDING
SPECIFICALLY, BUT NOT BY WAY OF LIMITATION, ANY RIGHT TO DESIGNATE A
BENEFICIARY OR BENEFICIARIES THEREUNDER AND ANY RIGHT TO HAVE AN
INDIVIDUAL POLICY ISSUED UPON TERMINATION EITHER OF EMPLOYMENT OR OF
SAID POLICY OF GROUP LIFE INSURANCE, BUT NOTHING HEREIN SHALL BE
CONSTRUED TO HAVE PROHIBITED AN INSURED FROM MAKING AN ASSIGNMENT OF ALL
OR ANY PART OF HIS RIGHTS ANDPRIVILEGES UNDER THE POLICY BEFORE THE
EFFECTIVE DATE OF THIS CLAUSE AND, SUBJECT TO THE TERMS OF THE POLICY,
AN ASSIGNMENT BY AN INSURED BEFORE OR AFTER THE EFFECTIVE DATE OF THIS
CLAUSE IS VALID FOR THE PURPOSES OF VESTING IN THE ASSIGNEE ALL RIGHTS
AND PRIVILEGES SO ASSIGNED, BUT WITHOUT PREJUDICE TO THE INSURER ON
ACCOUNT OF ANY PAYMENT IT MAY MAKE OR INDIVIDUAL POLICY IT MAY ISSUE
PRIOR TO RECEIPT OF NOTICE OF THE ASSIGNMENT:". //64 STAT. 333.// TITLE
IV--AMENDMENT OF THE FIRE AND CASUALTY ACT REGULATING THE
BUSINESS OF FIRE, MARINE, AND CASUALTY INSURANCE IN THE DISTRICT
OF COLUMBIA.
SEC. 401. SECTIONS 13 AND 14 OF CHAPTER II OF THE FIRE AND CASUALTY
ACT (D.C. CODE, SECS. 35 - 1316 AND 35 - 1317), ARE AMENDED TO READ AS
FOLLOWS:
"SEC. 13. MINIMUM CAPITAL AND SURPLUS REQUIREMENT.--EVERY STOCK
COMPANY AUTHORIZED TO DO BUSINESS IN THE DISTRICT SHALL HAVE AND SHALL
AT ALL TIMES MAINTAIN A PAID-UP CAPITAL STOCK OF NOT LESS THAN $300,000
AND A SURPLUS OF NOT LESS THAN $300,000. //54 STAT. 1040; 80 STAT.
121.// EVERY DOMESTIC MUTUAL COMPANY AND EVERY DOMESTIC RECIPROCAL
COMPANY SHALL HAVE AND SHALL AT ALL TIMES MAINTAIN A SURPLUS OF NOT LESS
THAN $300,000 AND EVERY FOREIGN OR ALIEN MUTUAL COMPANY AND EVERY
FOREIGN OR ALIEN RECIPROCAL COMPANY SHALL HAVE AND SHALL AT ALL TIMES
MAINTAIN A SURPLUS OF NOT LESS THAN $400,000.
"SEC. 14. CORPORATIONS HERETOFORE FORMED.--NO COMPANY SHALL BE
EXEMPT FROM THE PROVISIONS OF THIS SUBSECTION BY REASON OF ITS HAVING
BEEN INCORPORATED IN THE DISTRICT OR ELSEWHERE PRIOR TO THE EFFECTIVE
DATE OF THIS SUBSECTION, EXCEPT THAT, IN THE CASE OF COMPANIES
AUTHORIZED IN THE DISTRICT OF THE DATE OF APPROVAL OF THIS SUBSECTION
AND CONTINUOUSLY THEREAFTER WITHOUT ANY INCREASE OF AUTHORITY, THE
MINIMUM CAPITAL AND SURPLUS REQUIRED OF A STOCK COMPANY, AND THE MINIMUM
SURPLUS REQUIRED OF A MUTUAL OR RECIPROCAL COMPANY, OR OF A LLOYD'S
ORGANIZATION BY THE LAWS OF THE DISTRICT HERETOFORE APPLICABLE SHALL NOT
BE INCREASED BY THIS SUBSECTION, AND PROVIDED ALSO THAT IN THE CASE OF
SUCH CONTINUOUSLY AUTHORIZED COMPANIES THE PROVISIONS OF SECTION 24
RELATING TO THE NAMES OF COMPANIES, AND THE PROVISIONS OF SECTION 25
RELATING TO THE AMOUNT OF SURPLUS NECESSARY TO THE ISSUANCE OF POLICIES
HAVING NO PROVISION FOR CONTINGENT LIABILITY, SHALL NOT BE APPLICABLE."
SEC. 402. SECTION 25 OF CHAPTER II OF THE FIRE AND CASUALTY ACT (D.
C. CODE, SEC. 35 - 1329) IS AMENDED BY STRIKING OUT "$300,000" AND
INSERTING IN LIEU THEREOF "$600,000". //54 STAT. 1076.// TITLE V--
AMENDMENT OF AMOUNT OF CONTRACT WITH THE GOVERNMENT OF THE
DISTRICT OF COLUMBIA FOR WHICH A SURETY BOND IS REQUIRED
SEC. 501. THE FIRST SECTION OF THE ACT ENTITLED "AN ACT IN RELATION
TO CONTRACTS WITH THE DISTRICT OF COLUMBIA" APPROVED JUNE 28, 1906 (D.
C. CODE, SEC. 1 - 805), AND THE FIRST SECTION OF THE ACT OF AUGUST 3,
1968 (D.C. CODE, SEC. 1 - 804A) (RELATING TO CONTRACTS WITH THE DISTRICT
OF COLUMBIA), ARE EACH AMENDED BY STRIKING OUT "$2,000" WHEREVER IT
APPEARS IN EACH SUCH FIRST SECTION AND INSERTING IN LIEU THEREOF
"$10,000". //34 STAT. 546; 82 STAT. 629. 82 STAT. 628.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 257 (COMM. ON THE DISTRICT OF COLUMBIA).
SENATE REPORT NO. 93 - 370 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 11, CONSIDERED AND PASSED HOUSE.
AUG. 2, CONSIDERED AND PASSED SENATE^
PUBLIC LAW 93-88, 87 STAT. 296
TO AMEND THE EURATOM COOPERATION ACT OF 1958, AS AMENDED.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 5 OF THE
EURATOM COOPERATION ACT OF 1958, AS AMENDED, IS AMENDED BY DELETING THE
WORDS "TWO HUNDRED FIFTEEN THOUSAND KILOGRAMS OF CONTAINED URANIUM 235"
AND SUBSTITUTING THEREFORE THE WORDS "AN AMOUNT OF CONTAINED URANIUM 235
WHICH DOES NOT EXCEED THAT NECESSARY TO SUPPORT THE FUEL CYCLE OF POWER
REACTORS LOCATED WITHIN THE COMMUNITY HAVING A TOTAL INSTALLED CAPACITY
OF THIRTY-FIVE THOUSAND MEGAWATTS OF ELECTRIC ENERGY, TOGETHER WITH
TWENTY-FIVE THOUSAND KILGRAMS OF CONTAINED URANIUM 235 FOR OTHER
PURPOSES." //81 STAT. 578. 42 USC 2294.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 385 ACCOMPANYING H.R.8867 (JOINT COMMITTEE ON
ATOMIC ENERGY).
SENATE REPORT NO. 93 - 341 (JOINT COMMITTEE ON ATOMIC ENERGY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JULY 26, CONSIDERED AND PASSED SENATE. JULY 30, CONSIDERED AND
PASSED HOUSE, IN LIEU OF H.R.8867.
PUBLIC LAW 93-87, 87 STAT. 250, HIGHWAY SAFETY ACT OF 1973, (TITLES
II, III AND IV)
SEC. 201. THIS TITLE MAY BE CITED AS THE "HIGHWAY SAFETY ACT OF
1973".
SEC. 202. THE FOLLOWING SUMS ARE HEREBY AUTHORIZED TO BE
APPROPRIATED:
(1) FOR CARRYING OUT SECTION 402 OF TITLE 23, UNITED STATES CODE
//POST, P. 290.// (RELATING TO HIGHWAY SAFETY PROGRAMS), BY THE NATIONAL
HIGHWAY TRAFFIC SAFETY ADMINISTRATION, OUT OF THE HIGHWAY TRUST FUND,
$100,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $125,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1975, //87 STAT. 283// AND $150,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1976.
(2) FOR CARRYING OUT SECTION 403 OF TITLE 23, UNITED STATES CODE
//POST, P. 286.// (RELATING TO HIGHWAY SAFETY RESEARCH AND DEVELOPMENT)
BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, OUT OF THE
HIGHWAY TRUST FUND, $42,500,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1974, $55,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND
$65,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976.
(3) FOR CARRYING OUT SECTION 402 OF TITLE 23, UNITED STATES CODE
//POST, P. 290.// (RELATING TO HIGHWAY SAFETY PROGRAMS), BY THE FEDERAL
HIGHWAY ADMINISTRATION, OUT OF THE HIGHWAY TRUST FUND, $25,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1974, $30,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, AND $35,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1976.
(4) FOR CARRYING OUT SECTIONS 307(A) AND 403 OF TITLE 23, UNITED
STATES CODE //72 STAT. 913; 84 STAT. 1723.// (RELATING TO HIGHWAY
SAFETY RESEARCH AND DEVELOPMENT). BY THE FEDERAL HIGHWAY
ADMINISTRATION, OUT OF THE HIGHWAY TRUST FUND, FOR EACH OF THE FISCAL
YEARS ENDING JUNE 30, 1974, JUNE 30, 1975 AND JUNE 30, 1976, NOT TO
EXCEED $10,000,000 PER FISCAL YEAR.
SEC. 203. (A) EACH STATE SHALL CONDUCT AND SYSTEMATICALLY MAINTAIN A
SURVEY OF ALL HIGHWAYS TO IDENTIFY THOSE RAILROAD CROSSINGS WHICH MAY
REQUIRE SEPARATION, RELOCATION, OR PROTECTIVE DEVICES, AND ESTABLISH AND
IMPLEMENT A SCHEDULE OF PROJECTS FOR THIS PURPOSE. AT A MINIMUM, SUCH A
SCHEDULE SHALL PROVIDE SIGNS FOR ALL RAILROAD-HIGHWAY CROSSINGS.
(B) IN ADDITION TO FUNDS WHICH MAY BE OTHERWISE AVAILABLE TO CARRY
OUT SECTION 130 OF TITLE 23, UNITED STATES CODE, //72 STAT. 903.// THERE
IS AUTHORIZED TO BE APPROPRIATED OUT OF THE HIGHWAY TRUST FUND FOR
PROJECTS FOR THE ELIMINATION OF HAZARDS OF RAILWAY-HIGHWAY CROSSINGS
$25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $75,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1975, AND $75,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976. AT LEAST HALF OF THE FUNDS AUTHORIZED AND
EXPENDED UNDER THIS SECTION SHALL BE AVAILABLE FOR THE INSTALLATION OF
PROTECTIVE DEVICES AT RAILWAY-HIGHWAY CROSSINGS. SUCH SUMS SHALL BE
AVAILABLE FOR OBLIGATION IN THE SAME MANNER, AND TO THE SAME EXTENT AS
IF SUCH FUNDS WERE APPORTIONED UNDER THIS CHAPER.
(C) FUNDS AUTHORIZED BY THIS SECTION SHALL BE AVAILABLE SOLELY FOR
EXPENDITURE FOR PROJECTS ON ANY FEDERAL-AID SYSTEM (OTHER THAN THE
INTERSTATE SYSTEM).
(D) 50 PERCENT OF THE FUNDS MADE AVAILABLE IN ACCORDANCE WITH
SUBSECTION (C) SHALL BE APPORTIONED TO THE STATES IN THE SAME MANNER AS
SUMS AUTHORIZED TO BE APPROPRIATED UNDER SUBSECTION (A)(1) OF SECTION
104 OF THE FEDERAL-AID HIGHWAY ACT OF 1973 //ANTE, P. 251.// AND 50
PERCENT OF THE FUNDS MADE AVAILABLE IN ACCORDANCE WITH SUBSECTION (C)
SHALL BE APPORTIONED TO THE STATES IN THE SAME MANNER AS SUMS AUTHORIZED
TO BE APPROPRIATED UNDER SUBSECTION (A)(2) OF SECTION 104 OF THE
FEDERAL-AID HIGHWAY ACT OF 1973. THE FEDERAL SHARE PAYABLE ON ACCOUNT
OF ANY SUCH PROJECT SHALL BE 90 PER CENTUM OF THE COST THEREOF.
(E) EACH STATE SHALL REPORT TO THE SECRETARY OF TRANSPORTATION NOT
LATER THAN SEPTEMBER 30, 1974, AND NOT LATER THAN SEPTEMBER 30 OF EACH
YEAR THEREAFTER, ON THE PROGRESS BEING MADE TO IMPLEMENT THE
RAILROAD-HIGHWAY CROSSINGS PROGRAM AUTHORIZED BY THIS SECTION AND THE
EFFECTIVENESS OF SUCH IMPROVEMENTS. EACH STATE REPORT SHALL CONTAIN AN
ASSESSMENT OF THE COSTS OF THE VARIOUS TREATMENTS EMPLOYED AND
SUBSEQUENT ACCIDENT EXPERIENCE AT IMPROVED LOCATIONS. THE SECRETARY OF
TRANSPORTATION SHALL SUBMIT A REPORT TO THE CONGRESS NOT LATER THAN
JANUARY 1, 1975, AND NOT LATER THAN JANUARY 1, OF EACH YEAR THEREAFTER,
ON THE PROGRESS BEING MADE BY THE STATES IN IMPLEMENTING PROJECTS TO
IMPROVE RAILROAD-HIGHWAY CROSSINGS. //87 STAT. 284// THE REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF PROJECTS UNDERTAKEN, THEIR
DISTRIBUTION BY COST RANGE, ROAD SYSTEM, NATURE OF TREATMENT, AND
SUBSEQUENT ACCIDENT EXPERIENCE AT IMPROVED LOCATIONS. IN ADDITION, THE
SECRETARY'S REPORT SHALL ANALYZE AND EVALUATE EACH STATE PROGRAM,
IDENTIFY ANY STATE FOUND NOT TO BE IN COMPLIANCE WITH THE SCHEDULE OF
IMPROVEMENTS REQUIRED BY SUBSECTION (A), AND INCLUDE RECOMMENDATION FOR
FUTURE IMPLEMENTATION OF THE RAILROAD-HIGHWAY CROSSINGS PROGRAM.
(F) FUNDS AUTHORIZED BY THIS SECTION MAY BE USED TO PROVIDE LOCAL
GOVERNMENT WITH FUNDS TO BE USED ON A MATCHING BASIS WHEN STATE FUNDS
ARE AVAILABLE WHICH MAY ONLY BE SPENT WHEN LOCAL GOVERNMENT PRODUCES
MATCHING FUNDS FOR THE IMPROVEMENT OF RAILROAD CROSSINGS.
SEC. 204. (A) SUBSECTION (E) OF SECTION 144 OF TITLE 23, UNITED
STATES CODE, //84 STAT. 1741.// IS AMENDED BY STRIKING OUT "1972; AND"
AND INSERTING IN LIEU THEREOF "1972"; BY INSERTING IMMEDIATELY AFTER
"1973", THE FOLLOWING: "$25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1974, $75,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND
$75,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976".
(B) SUBSECTION (F) OF SECTION 144 OF TITLE 23, UNITED STATES CODE, IS
RELETTERED AS SUBSECTION (G) (INCLUDING REFERENCES THERETO): AND
IMMEDIATELY AFTER SUBSECTION (E) THE FOLLOWING NEW SUBSECTION (F) IS
INSERTED:
"(F) FUNDS AUTHORIZED BY THIS SECTION SHALL BE AVAILABLE SOLELY FOR
EXPENDITURE FOR PROJECTS ON ANY FEDERAL-AID SYSTEM."
(C) EXISTING SUBSECTION (G) OF SECTION 144 OF TITLE 23, UNITED STATES
CODE, IS RELETTERED AS SUBSECTION (H) INCLUDING REFERENCES THERETO).
SEC. 205. (A) CHAPTER 1 OF TITLE 23, UNITED STATES CODE, //ANTE, P.
277.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SECTION:
" ^ 151. PAVEMENT MARKING DEMONSTRATION PROGRAM
"(A) CONGRESS HEREBY FINDS AND DECLARES IT TO BE IN THE VITAL
INTEREST OF THE NATION THAT A PAVEMENT MARKING DEMONSTRATION PROGRAM BE
ESTABLISHED TO ENABLE THE SEVERAL STATES TO IMPROVE THE PAVEMENT MARKING
OF ALL HIGHWAYS TO PROVIDE FOR GREATER VEHICLE AND PEDESTRIAN SAFETY.
"(B) NOTWITHSTANDING THE PROVISIONS OF THE LAST SENTENCE OF
SUBSECTION (A) OF SECTION 105 OF THIS TITLE, //72 STAT. 891. 23 USC
105.// THE SECRETARY MAY APPROVE UNDER THIS SECTION SUCH PAVEMENT
MARKING PROJECTS ON ANY HIGHWAY WHETHER OR NOT ON ANY FEDERAL-AID
SYSTEM, BUT NOT INCLUDED IN THE INTERSTATE SYSTEM, AS HE MAY FIND
NECESSARY TO BRING SUCH HIGHWAY TO THE PAVEMENT MARKING STANDARDS ISSUED
OR ENDORSED BY THE FEDERAL HIGHWAY ADMINISTRATOR.
"(C) IN APPROVING PROJECTS UNDER THIS SECTION, THE SECRETARY SHALL
GIVE PRIORITY TO THOSE PROJECTS WHICH ARE LOCATED IN RURAL AREAS AND
WHICH ARE EITHER ON THE FEDERAL-AID SECONDARY SYSTEM OR ARE NOT INCLUDED
ON ANY FEDERAL-AID SYSTEM.
"(D) THE ENTIRE COST OF PROJECTS APPROVED UNDER SUBSECTIONS (B) AND
(F) OF THIS SECTION SHALL BE PAID FROM SUMS AUTHORIZED TO CARRY OUT THIS
SECTION.
"(E) FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION
BY THE FEDERAL HIGHWAY ADMINISTRATION, THERE IS HEREBY AUTHORIZED TO BE
APPROPRIATED FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $25,000,000, AND
FOR EACH OF THE FISCAL YEARS ENDING JUNE 30, 1975, AND JUNE 30, 1976,
OUT OF THE HIGHWAY TRUST FUND, THE SUM OF $75,000,000. //87 STAT.
285// SUCH SUMS SHALL BE AVAILABLE FOR OBLIGATION IN THE SAME MANNER AND
TO THE SAME EXTENT AS IF SUCH FUNDS WERE APPORTIONED UNDER THIS CHAPTER.
"(F) FUNDS NOT REQUIRED FOR PAVEMENT-MARKING PROJECTS AUTHORIZED BY
THIS SECTION MAY BE RELEASED BY THE SECRETARY FOR EXPENDITURE FOR
PROJECTS TO ELIMINATE OR REDUCE THE HAZARDS TO SAFETY AT SPECIFIC
LOCATIONS OR SECTIONS OF HIGHWAYS WHICH ARE NOT LOCATED ON ANY
FEDERAL-AID SYSTEM AND WHICH HAVE HIGH ACCIDENT EXPERIENCES OR HIGH
ACCIDENT POTENTIALS. FUNDS MAY BE RELEASED BY THE SECRETARY UNDER THIS
SUBSECTION ONLY IF THE SECRETARY HAS RECEIVED SATISFACTORY ASSURANCES
FROM THE STATE HIGHWAY DEPARTMENT THAT ALL NONURBAN AREA HIGHWAYS WITHIN
THE STATE ARE MARKED IN ACCORDANCE WITH THE PAVEMENT-MARKING STANDARDS
ISSUED OR ENDORSED BY THE FEDERAL HIGHWAY ADMINISTRATOR FOR CARRYING OUT
THIS PROGRAM.
"(G) EACH STATE SHALL REPORT TO THE SECRETARY OF TRANSPORTATION NOT
LATER THAN SEPTEMBER 30, 1974, AND NOT LATER THAN SEPTEMBER 30, OF EACH
YEAR THEREAFTER, ON THE PROGRESS BEING MADE IN IMPLEMENTING THE PROGRAM
AND THE EFFECTIVENESS OF THE IMPROVEMENTS MADE UNDER IT. EACH REPORT
SHALL INCLUDE AN ANALYSIS AND EVALUATION OF THE NUMBER, RATE, AND
SEVERITY OF ACCIDENTS AT IMPROVED LOCATIONS AND THE COSTBENEFIT RATIO OF
SUCH IMPROVEMENTS, COMPARING AN ADEQUATE TIME PERIOD BEFORE AND AFTER
TREATMENT IN ORDER TO PROPERLY ASSESS THE BENEFITS OCCURRING FROM SUCH
PAVEMENT MARKINGS. THE SECRETARY OF TRANSPORTATION SHALL SUBMIT A
REPORT TO THE CONGRESS NOT LATER THAN JANUARY 1, 1975, AND NOT LATER
THAN JANUARY 1 OF EACH YEAR THEREAFTER, ON THE PROGRESS BEING MADE IN
IMPLEMENTING THE PROGRAM AND THE SAFETY BENEFITS ACHIEVED UNDER IT."
(B) THE ANALYSIS OF CHAPTER 1 OF TITLE 23, UNITED STATES CODE IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "151. PAVEMENT
MARKING DEMONSTRATION PROGRAM.".
SEC. 206. (A) IN ADDITION TO THE RESERACH AUTHORIZED BY SECTION 307(
A) OF TITLE 23, UNITED STATES CODE, //72 STAT. 913; 84 STAT. 1723.//
THE SECRETARY OF TRANSPORTATION IS AUTHORIZED TO CONDUCT RESEARCH AND
DEMONSTRATION PROGRAMS TO IMPROVE THE EFFECTIVENESS AND DURABILITY OF
VARIOUS TYPES OF PAVEMENT MARKINGS AND RELATED DELINEATORS, TO DEVELOP
IMPROVED EQUIPMENT AND TECHNIQUES FOR APPLYING, ERECTING, AND
MAINTAINING SUCH MARKINGS AND DELINEATORS, AND TO DEVELOP NEW TRAFFIC
CONTROL MATERIALS, DEVICES, AND RELATED DELINEATORS TO ASSIST THE
TRAVELING PUBLIC DURING ADVERSE WEATHER AND NIGHTTIME DRIVING
CONDITIONS.
(B) THERE IS AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THIS SECTION
BY THE FEDERAL HIGHWAY ADMINISTRATION, OUT OF THE HIGHWAY TRUST FUND,
$10,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND $10,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975.
SEC. 207. (A) SECTION 402 OF TITLE 23 OF THE UNITED STATES CODE IS
AMENDED BY ADDING A NEW SUBSECTION (I) AS FOLLOWS: //80 STAT. 731; 84
STAT. 1740.//
"(I) FOR THE PURPOSE OF THE APPLICATION OF THIS SECTION ON INDIAN
RESERVATIONS, 'STATE' AND 'GOVERNOR OF A STATE' INCLUDES THE SECRETARY
OF THE INTERIOR AND 'POLITICAL SUBDIVISION OF A STATE' INCLUDES AN
INDIAN TRIBE: PROVIDED, THAT, NOTWITHSTANDING THE PROVISIONS OF
SUBPARAGRAPH (C) OF SUBSECTION (B)(1) HEREOF, 95 PER CENTUM OF THE FUNDS
APPORTIONED TO THE SECRETARY OF THE INTERIOR AFTER DATE OF ENACTMENT,
SHALL BE EXPENDED BY INDIAN TRIBES TO CARRY OUT HIGHWAY SAFETY PROGRAMS
WITHIN THEIR JURISDICTIONS: AND PROVIDED FURTHER, THAT THE PROVISIONS
OF SUBPARAGRAPH (E) OF SUBSECTION (B)(1) //POST, P. 294.// HEREOF SHALL
BE APPLICABLE EXCEPT IN THOSE TRIBAL JURISDICTIONS IN WHICH THE
SECRETARY DETERMINES SUCH PROGRAMS WOULD NOT BE PRACTICABLE." //87 STAT.
286//
(B) SUBSECTION (D) OF SECTION 402 OF TITLE 23, UNITED STATES CODE,
//80 STAT. 731; 84 STAT. 1740.// IS AMENDED BY INSERTING BEFORE THE
PERIOD AT THE END OF THE FIRST SENTENCE THEREOF THE FOLLOWING: "AND
EXCEPT THAT, IN THE CASE OF A LOCAL HIGHWAY SAFETY PROGRAM CARRIED OUT
BY AN INDIAN TRIBE, IF THE SECRETARY IS SATISFIED THAT AN INDIAN TRIBE
DOES NOT HAVE SUFFICIENT FUNDS AVAILABLE TO MEET THE NON-FEDERAL SHARE
OF THE COST OF SUCH PROGRAM, HE MAY INCREASE THE FEDERAL SHARE OF THE
COST THEREOF PAYABLE UNDER THIS ACT TO THE EXTENT NECESSARY."
SEC. 208. (A) SECTION 403 OF TITLE 23, UNITED STATES CODE, //80 STAT.
733.// IS AMENDED BY INSERTING "(A)" IMMEDIATELY BEFORE THE FIRST
SENTENCE THEREOF, AND BY STRIKING OUT "THIS SECTION" EACH PLACE IT
APPEARS AND INSERTING IN LIEU THEREOF "THIS SUBSECTION", AND BY ADDING
AT THE END THEREOF THE FOLLOWING NEW SUBSECTIONS:
"(B) IN ADDITION TO THE RESEARCH AUTHORIZED BY SUBSECTION (A) OF THIS
SECTION, THE SECRETARY, IN CONSULTATION WITH SUCH OTHER GOVERNMENT AND
PRIVATE AGENCIES AS MAY BE NECESSARY, IS AUTHORIZED TO CARRY OUT SAFETY
RESEARCH ON THE FOLLOWING:
"(1) THE RELATIONSHIP BETWEEN THE CONSUMPTION AND USE OF DRUGS
AND THEIR EFFECT UPON HIGHWAY SAFETY AND DRIVERS OF MOTOR
VEHICLES; AND
"(2) DRIVER BEHAVIOR RESEARCH, INCLUDING THE CHARACTERISTICS OF
DRIVER PERFORMANCE, THE RELATIONSHIPS OF MENTAL AND PHYSICAL
ABILITIES OR DISABILITIES TO THE DRIVING TASK, AND THE
RELATIONSHIP OF FREQUENCY OF DRIVER ACCIDENT INVOLVEMENT TO
HIGHWAY SAFETY.
"(C) THE RESEARCH AUTHORIZED BY SUBSECTION (B) OF THIS SECTION MAY BE
CONDUCTED BY THE SECRETARY THROUGH GRANTS AND CONTRACTS WITH PUBLIC AND
PRIVATE AGENCIES, INSTITUTIONS, AND INDIVIDUALS."
(B) THERE IS AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THE
AMENDMENTS MADE BY THIS SECTION BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION, OUT OF THE HIGHWAY TRUST FUND, THE SUM OF $10,000,000
PER FISCAL YEAR FOR EACH OF THE FISCAL YEAR ENDING JUNE 30, 1974, JUNE
30, 1975, AND JUNE 30, 1976.
SEC. 209. (A) CHAPTER 1 OF TITLE 23, UNITED STATES CODE, //ANTE, P.
284.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SECTION:
" ^ 152. PROJECTS FOR HIGH-HAZARD LOCATIONS
"(A) EACH STATE SHALL CONDUCT AND SYSTEMATICALLY MAINTAIN AN
ENGINEERING SURVEY OF ALL HIGHWAYS TO IDENTIFY HIGH-HAZARD LOCATIONS
WHICH MAY CONSTITUTE A DANGER TO VEHICLES AND TO PEDESTRIANS, ASSIGN
PRIORITIES FOR THE CORRECTION OF SUCH LOCATIONS, AND ESTABLISH AND
IMPLEMENT A SCHEDULE OF PROJECTS FOR THEIR IMPROVEMENT.
"(B) FOR PROJECTS TO ELIMINATE OR REDUCE THE HAZARDS AT SPECIFIC
LOCATIONS OR SECTIONS OF HIGHWAYS WHICH HAVE HIGH ACCIDENT EXPERIENCES
OR HIGH ACCIDENT POTENTIALS, BY THE FEDERAL HIGHWAY ADMINISTRATION,
THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF THE HIGHWAY TRUST
FUND, FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $50,000,000, AND FOR
EACH OF THE FISCAL YEARS ENDING JUNE 30, 1975, AND JUNE 30, 1976, THE
SUM OF $75,000,000 SHALL BE APPROPRIATED OUT OF THE HIGHWAY TRUST FUND.
SUCH SUMS SHALL BE AVAILABLE FOR OBLIGATIONS IN THE SAME MANNER AND TO
THE SAME EXTENT AS IF SUCH SUMS WERE APPORTIONED UNDER THIS CHAPTER.
"(C) FUNDS AUTHORIZED BY THIS SECTION SHALL BE AVAILABLE SOLELY FOR
EXPENDITURE FOR PROJECTS ON ANY FEDERAL-AID SYSTEM (OTHER THAN THE
INTERSTATE SYSTEM) EXCEPT IN THE VIRGIN ISLANDS, GUAM, AND AMERICAN
SAMOA. //87 STAT. 287//
"(D) FUNDS MADE AVAILABLE IN ACCORDANCE WITH SUBSECTION (B) SHALL BE
APPORTIONED TO THE STATES IN THE SAME MANNER AS IS PROVIDED IN SECTION
402(C) OF THIS TITLE, //POST, P. 290.// AND THE FEDERAL SHARE PAYABLE ON
ACCOUNT OF ANY SUCH PROJECT SHALL BE 90 PER CENTUM OF THE COST THEREOF.
"(E) EACH STATE SHALL REPORT TO THE SECRETARY OF TRANSPORTATION NOT
LATER THAN SEPTEMBER 30, 1974, AND NOT LATER THAN SEPTEMBER 30 OF EACH
YEAR THEREAFTER, ON THE PROGRESS BEING MADE TO IMPLEMENT PROJECTS FOR
HIGH-HAZARD LOCATIONS AND THE EFFECTIVENESS OF SUCH IMPROVEMENTS. EACH
STATE REPORT SHALL CONTAIN AN ASSESSMENT OF THE COST OF, AND SAFETY
BENEFITS DERIVED FROM, THE VARIOUS MEANS AND METHODS USED TO MITIGATE OR
ELIMINATE HAZARDS AND THE PREVIOUS AND SUBSEQUENT ACCIDENT EXPERIENCE AT
THESE LOCATIONS. THE SECRETARY OF TRANSPORTATION SHALL SUBMIT A REPORT
TO THE CONGRESS NOT LATER THAN JANUARY 1, 1975, AND NOT LATER THAN
JANUARY 1 OF EACH YEAR THEREAFTER, ON THE PROGRESS BEING MADE BY THE
STATES IN IMPLEMENTING PROJECTS FOR IMPROVEMENTS AT HIGH-HAZARD
LOCATIONS. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER
OF PROJECTS UNDERTAKEN, THEIR DISTRIBUTION BY COST RANGE, ROAD SYSTEM,
MEANS AND METHODS USED, AND THE PREVIOUS AND SUBSEQUENT ACCIDENT
EXPERIENCE AT IMPROVED LOCATIONS. IN ADDITION, THE SECRETARY'S REPORT
SHALL ANALYZE AND EVALUATE EACH STAT PROGRAM, IDENTIFY ANY STATE FOUND
NOT TO BE IN COMPLIANCE WITH THE SCHEDULE OF IMPROVEMENTS REQUIRED BY
SUBSECTION (A) AND INCLUDE RECOMMENDATIONS FOR FUTURE IMPLEMENTATION OF
THE SPOT IMPROVEMENTS PROGRAM."
(B) THE ANALYSIS OF CHAPTER 1 OF TITLE 23, UNITED STATES CODE, IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "152. PROJECTS FOR
HIGH-HAZARD LOCATIONS.".
SEC. 210. (A) CHAPTER 1 OF TITLE 23, UNITED STATES CODE, //ANTE, P.
286.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SECTION:
" ^ 153. PROGRAM FOR THE ELIMINATION OF ROADSIDE OBSTACLES
"(A) EACH STATE SHALL CONDUCT AND SYSTEMATICALLY MAINTAIN AN
ENGINEERING SURVEY OF ALL HIGHWAYS TO IDENTIFY ROADSIDE OBSTACLES WHICH
MAY CONSTITUTE A HAZARD TO VEHICLES AND TO PEDESTRIANS, ASSIGN
PRIORITIES FOR THE CORRECTION OF SUCH OBSTACLES AND ESTABLISH AND
IMPLEMENT A SCHEDULE OF PROJECTS FOR THEIR ELIMINATION. SUCH A SCHEDULE
SHALL PROVIDE FOR THE REPLACEMENT, TO THE EXTENT NECESSARY, OF EXISTING
SIGN AND LIGH SUPPORTS WHICH ARE NOT DESIGNED TO YIELD OR BREAK AWAY
UPON IMPACT. YIELDING OR BREAKAWAY SIGN AND AND LIGHT SUPPORTS SHALL BE
USED, WHERE APPROPRIATE, ON ALL NEW CONSTRUCTION OR RECONSTRUCTION OF
HIGHWAYS.
"(B) FOR PROJECTS TO CORRECT ROADSIDE HAZARDS BY THE FEDERAL HIGHWAY
ADMINISTRATION, THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF
THE HIGHWAY TRUST FUND, FOR THE FISCAL YEAR ENDING JUNE 30, 1974,
$25,000,000, AND FOR EACH OF THE FISCAL YEARS ENDING JUNE 30, 1975, AND
JUNE 30, 1976, THE SUM OF $75,000,000. SUCH SUMS SHALL BE AVAILABLE FOR
OBLIGATION IN THE SAME MANNER AND TO THE SAME EXTENT AS IF SUCH FUNDS
WERE APPORTIONED UNDER THIS CHAPTER.
"(C) FUNDS AUTHORIZED BY THIS SECTION SHALL BE AVAILABLE SOLELY FOR
EXPENDITURE FOR PROJECTS ON ANY FEDERAL-AID SYSTEM (OTHER THAN THE
INTERSTATE SYSTEM) EXCEPT IN THE VIRGIN ISLANDS, GUAM, AND AMERICAN
SAMOA.
"(D) FUNDS MADE AVAILABLE IN ACCORDANCE WITH SUBSECTION (C) //87
STAT. 288// SHALL BE APPORTIONED TO THE STATES IN THE SAME MANNER AS IS
PROVIDED IN SECTION 402(C) OF THIS TITLE, AND THE FEDERAL SHARE PAYABLE
ON ACCOUNT OF ANY SUCH PROJECT SHALL BE 90 PER CENTUM OF THE COST
THEREOF.
"(E) EACH STATE SHALL REPORT TO THE SECRETARY OF TRANSPORTATION NOT
LATER THAN SEPTEMBER 30, 1974, AND NOT LATER THAN SEPTEMBER 30 OF EACH
YEAR THEREAFTER, ON THE PROGRESS BEING MADE IN IMPLEMENTING THE PROGRAM
FOR THE REMOVAL OF ROADSIDE OBSTACLES AND THE EFFECTIVENESS OF SUCH
IMPROVEMENTS. EACH REPORT SHALL CONTAIN AN ASSESSMENT OF THE COSTS AND
SAFETY BENEFITS OF THE AVRIOUS MEANS AND METHODS USED TO MITIGATE OR
ELIMINATE ROADSIDE OBSTACLES. THE SECRETARY OF TRANSPORTATION SHALL
SUBMIT A REPORT TO THE CONGRESS NOT LATER THAN JANUARY 1, 1975, AND NOT
LATER THAN JANUARY 1 OF EACH YEAR THEREAFTER, ON THE PROGRESS BEING MADE
BY THE STATES IN ELIMINATING ROADSIDE OBSTACLES AND THE EFFECTIVENESS OF
THE IMPROVEMENTS MADE UNDER THIS PROGRAM. THE SECRETARY'S REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO, AN ANALYSIS AND EVALUATION OF EACH STATE
PROGRAM, IDENTIFICATION OF ANY STATE FOUND NOT TO BE IN COMPLIANCE WITH
THE SCHEDULE OF IMPROVEMENTS REQUIRED BY SUBSECTION (A) AND SHALL
INCLUDE RECOMMENDATIONS FOR FUTURE IMPLEMENTATION OF THE ROADSIDE
OBSTACLE REMOVAL PROGRAM. IN ADDITION, TO ASSESS THE SAFETY BENEFITS OF
VARYING ROADSIDE OBSTACLE TREATMENTS, THE REPORT SHALL CONTAIN AN
ASSESSMENT OF THE COSTS AND SAFETY BENEFITS OF THE VARIOUS MEANS AND
METHODS USED TO MITIGATE OR ELIMINATE ROADSIDE OBSTACLES."
(B) THE ANALYSIS OF CHAPTER 1 OF TITLE 23, UNITED STATES CODE, IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "153. PROGRAM FOR
THE ELIMINATION OF ROADSIDE OBSTACLES.".
SEC. 211. (A) THE SECRETARY OF TRANSPORTATION, IN COOPERATION WITH
INTERESTED GOVERNMENT AND NONGOVERNMENT AUTHORITIES, AGENCIES,
ORGANIZATIONS, INSTITUTIONS, BUSINESSES, AND INDIVIDUALS, SHALL CONDUCT
A FULL AND COMPLETE INVESTIGATION AND STUDY OF THE USE OF MASS MEDIA FOR
INFORMING AND EDUCATING THE PUBLIC OF WAYS AND MEANS FOR REDUCING THE
NUMBER AND SEVERITY OF HIGHWAY ACCIDENTS. SUCH A STUDY SHALL INCLUDE,
BUT NOT BE LIMITED TO, WAYS AND MEANS FOR ENCOURAGING THE PARTICIPATION
AND COOPERATION OF TELEVISION AND RADIO STATION LICENSEES, FOR MEASURING
AUDIENCE REACTIONS TO CURRENT EDUCATIONAL PROGRAMS, FOR EVALUATING THE
EFFECTIVENESS OF SUCH PROGRAMS, AND FOR DEVELOPING NEW PROGRAMS FOR THE
PROMOTION OF HIGHWAY SAFETY. THE SECRETARY SHALL REPORT TO THE CONGRESS
HIS FINDINGS AND RECOMMENDATIONS BY JUNE 30, 1974.
(B) FOR THE PURPOSE OF CARRYING OUT SUBSECTION (A) OF THIS SECTION,
THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED THE SUM OF $1,000,000 OUT
OF THE HIGHWAY TRUST FUND.
(C) THE SECRETARY OF TRANSPORTATION, IN CONSULTATION WITH STATE AND
LOCAL HIGHWAY SAFETY OFFICIALS, SHALL DEVELOP A SERIES OF HIGHWAY SAFETY
TELEVISION PROGRAMS OF VARYING LENGTH, UP TO AND INCLUDING FIVE MINUTES,
FOR USE IN ACCORDANCE WITH THE PROVISIONS OF THE COMMUNICATIONS ACT OF
1934. AT LEAST 50 PER CENTUM OF THE FUNDS AUTHORIZED AND EXPENDED UNDER
SUBSECTION (D) OF THIS SECTION SHALL BE ALLOCATED TO THE STATES AT THE
DISCRETION OF THE SECRETARY FOR APPROVED PROGRAMING PROJECTS. TO THE
MAXIMUM EXTENT FEASIBLE, THE SERVICES OF PRIVATE INDIVIDUALS SHALL BE
UTILIZED IN CARRYING OUT THIS SUBSECTION.
(D) FOR THE PURPOSE OF CARRYING OUT SUBSECTION (C) OF THIS SECTION,
THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED THE SUM OF $4,000,000 OUT
OF THE HIGHWAY TRUST FUND.
SEC. 212. (A) THE SECRETARY OF TRANSPORTATION, //87 STAT. 289// IN
COOPERATION WITH STATE AND LOCAL HIGHWAY SAFETY AUTHORITIES, SHALL
CONDUCT A FULL AND COMPLETE INVESTIGATION AND STUDY OF WAYS AND MEANS
FOR ENCOURAGING GREATER CITIZEN PARTICIPATION AND INVOLVEMENT IN HIGHWAY
SAFETY PROGRAMS, WITH PARTICULAR EMPHASIS ON TRAFFIC ENFORCEMENT AND
ACCIDENT DETECTION, RESPONSE, AND REPORTING, INCLUDING, BUT NOT LIMITED
TO, THE CREATION OF CITIZEN ADJUNCTS TO ASSIST PROFESSIONAL TRAFFIC
ENFORCEMENT AGENCIES AND HIGHWAY RESCUE AGENCIES IN THE PERFORMANCE OF
THEIR DUTIES. THE SECRETARY SHALL REPORT TO THE CONGRESS HIS FINDINGS
AND RECOMMENDATIONS BY JUNE 30, 1974.
(B) FOR THE PURPOSES OF CARRYING OUT THIS SECTION, THERE IS
AUTHORIZED TO BE APPROPRIATED THE SUM OF $1,000,000 OUT OF THE HIGHWAY
TRUST FUND.
SEC. 213. (A) THE SECRETARY OF TRANSPORTATION SHALL MAKE A STUDY OF
THE FEASIBILITY OF ESTABLISHING A NATIONAL CENTER FOR STATISTICAL
ANALYSIS OF HIGHWAY OPERATIONS DESIGNED TO ACQUIRE, STORE, AND RETRIEVE
HIGHWAY ACCIDENT DATA AND STANDARDIZE THE INFORMATION AND PROCEDURES FOR
REPORTING ACCIDENTS ON A NATIONWIDE BASIS. SUCH STUDY SHOULD INCLUDE,
BUT NOT BE LIMITED TO, AN ESTIMATE OF THE COST OF ESTABLISHING AND
MAINTAINING SUCH A CENTER, INCLUDING THE MEANS OF ACQUIRING THE ACCIDENT
INFORMATION TO BE STORED WITHIN, THE METHODS TO BE USED FOR ITS
EVALUATION AND THE CRITERIA NEEDED TO ASSURE ITS PROPER UTILIZATION BY
APPROPRIATE PUBLIC AND PRIVATE AGENCIES AND GROUPS. THE SECRETARY SHALL
REPORT TO THE CONGRESS HIS FINDINGS AND RECOMMENDATIONS NOT LATER THAN
JANUARY 1, 1975.
(B) FOR THE PURPOSE OF CARRYING OUT THIS SECTION, THERE IS AUTHORIZED
TO BE APPROPRIATED THE SUM OF $5,000,000 OUT OF THE HIGHWAY TRUST FUND.
SEC. 214. (A) THE SECRETARY OF TRANSPORTATION SHALL MAKE A FULL AND
COMPLETE INVESTIGATION AND STUDY OF PEDESTRIAN AND BICYCLE SAFETY. SUCH
AN INVESTIGATION AND STUDY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
FOLLOWING:
(1) A REVIEW AND EVALUATION OF STATE AND LOCAL ORDINANCES,
REGULATIONS, AND LAWS AND THE ENFORCEMENT POLICIES, PROCEDURES,
METHODS, PRACTICES, AND CAPABILITIES FOR ENFORCING THEM.
(2) THE RELATIONSHIP BETWEEN ALCOHOL AND PEDESTRIAN AND BICYCLE
SAFETY, WITH SPECIAL EMPHASIS ON PROBLEM DRINKERS, BOTH DRIVERS
AND PEDESTRIANS.
(3) AN EVALUATION OF WAYS AND MEANS OF IMPROVING PEDESTRIAN AND
BICYCLE SAFETY PROGRAMS.
(4) AN ANALYSIS OF PRESENT FUNDING ALLOCATIONS FOR PEDESTRIAN
AND BICYCLE SAFETY PROGRAMS AND AN ASSESSMENT OF CAPABILITIES OF
FEDERAL, STATE, AND LOCAL GOVERNMENTS TO FUND SUCH ACTIVITIES AND
PROGRAMS.
IN THE CONDUCT OF SUCH INVESTIGATION AND STUDY, THE SECRETARY SHALL
COOPERATE AND CONSULT WITH OTHER AGENCIES OF THE FEDERAL GOVERNMENT, THE
STATES, AND THEIR POLITICAL SUBDIVISIONS, AND OTHER INTERESTED PRIVATE
ORGANIZATIONS, GROUPS, AND INDIVIDUALS.
(B) THE SECRETARY SHALL, NOT LATER THAN JANUARY 31, 1975, REPORT TO
THE CONGRESS THE RESULTS OF THIS INVESTIGATION AND STUDY TOGETHER WITH
HIS CONCLUSIONS AND RECOMMENDATIONS FOR APPROPRIATE LEGISLATION.
(C) THERE IS HEREBY AUTHORIZED NOT TO EXCEED $5,000,000 FROM THE
HIGHWAY TRUST FUND TO CARRY OUT THIS SECTION. //87 STAT. 290//
SEC. 215. THE FIRST SENTENCE OF SUBSECTION (C) OF SECTION 402 OF
TITLE 23, UNITED STATES CODE, //80 STAT. 731.// IS AMENDED BY INSERTING
IMMEDIATELY AFTER "APPROVED IN ACCORDANCE WITH SUBSECTION (A), "THE
FOLLOWING: "INCLUDING DEVELOPMENT AND IMPLEMENTATION OF MANPOWER
TRAINING PROGRAMS, AND OF DEMONSTRATION PROGRAMS THAT THE SECRETARY
DETERMINES WILL CONTRIBUTE DIRECTLY TO THE REDUCTION OF ACCIDENTS, AND
DEATHS AND INJURIES RESULTING THEREFROM. SUCH FUNDS."
SEC. 216. SUBSECTION (C) OF SECTION 402 OF TITLE 23, UNITED STATES
CODE, //84 STAT. 1740.// IS AMENDED BY INSERTING IMMEDIATELY AFTER THE
THIRD SENTENCE THE FOLLOWING: "PUBLIC ROAD MILEAGE AS USED IN THIS
SUBSECTION SHALL BE DETERMINED AS OF THE END OF THE CALENDAR YEAR
PRECEDING THE YEAR IN WHICH THE FUNDS ARE APPORTIONED AND SHALL BE
CERTIFIED TO BY THE GOVERNOR OF THE STATE AND SUBJECT TO APPROVAL BY THE
SECRETARY."
SEC. 217. SUBSECTION (C) OF SECTION 402 OF TITLE 23, UNITED STATES
CODE, IS AMENDED BY STRIKING "ONE-THIRD OF 1 PER CENTUM" IN THE FIFTH
SENTENCE THEREOF, AND INSERTING "ONE-HALF OF 1 PER CENTUM".
SEC. 218. SECTION 401, TITLE 23, UNITED STATES CODE, //80 STAT.
731. "STATE."// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
"FOR THE PURPOSES OF THIS CHAPTER, THE TERM 'STATE' MEANS ANY ONE OF THE
FIFTY STATES, THE DISTRICT OF COLUMBIA, PUERTO RICO, THE VIRGIN ISLANDS,
GUAM, AND AMERICAN SAMOA, EXCEPT THAT ALL EXPENDITURES FOR CARRYING OUT
THIS CHAPTER IN THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA SHALL BE
PAID OUT OF MONEY IN THE TREASURY NOT OTHERWISE APPROPRIATED."
SEC. 219. SECTION 402 OF TITLE 23, UNITED STATES CODE, //ANTE, P.
285.// IS AMENDED BY ADDING THE FOLLOWING NEW SUBSECTION:
"(J)(1) IN ADDITION TO OTHER GRANTS AUTHORIZED BY THIS SECTION, THE
SECRETARY MAY MAKE INCENTIVE GRANTS IN EACH FISCAL YEAR TO THOSE STATES
WHICH HAVE ADOPTED LEGISLATION REQUIRING THE USE OF SEATBELTS IN
ACCORDANCE WITH CRITERIA WHICH THE SECRETARY SHALL ESTABLISH AND
PUBLISH. SUCH GRANTS MAY ONLY BE USED BY RECIPIENT STATES TO FURTHER
THE PURPOSES OF THIS CHAPTER. SUCH GRANTS SHALL BE IN ADDITION TO OTHER
FUNDS AUTHORIZED BY THIS SECTION. THERE IS HEREBY AUTHORIZED TO BE
APPROPRIATED TO CARRY OUT THIS PARAGRAPH, OUT OF THE HIGHWAY TRUST FUND,
NOT TO EXCEED $25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, NOT
TO EXCEED $32,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND NOT
TO EXCEED $37,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976.
"(2) IN ADDITION TO OTHER GRANTS AUTHORIZED BY THIS SECTION, THE
SECRETARY MAY MAKE ADDITIONAL INCENTIVE GRANTS TO THOSE STATES WHICH
HAVE MADE THE MOST SIGNIFICANT PROGRESS IN REDUCING TRAFFIC FATALATIES
BASED ON THE REDUCTION IN THE RATE OF SUCH FATALITIES PER ONE HUNDRED
MILLION-VEHICLE MILES DURING THE CALENDAR YEAR IMMEDIATELY PRECEDING THE
FISCAL YEAR FOR WHICH SUCH INCENTIVE FUNDS ARE AUTHORIZED COMPARED WITH
THE AVERAGE ANNUAL RATE OF SUCH FATALITIES FOR THE FOUR CALENDAR YEAR
PERIOD PRECEDING SUCH CALENDAR YEAR. //87 STAT. 291// SUCH INCENTIVE
GRANTS SHALL BE MADE IN ACCORDANCE WITH CRITERIA WHICH THE SECRETARY
SHALL ESTABLISH AND PUBLISH. SUCH GRANTS MAY ONLY BE USED BY RECIPIENT
STATES TO FURTHER THE PURPOSES OF THIS CHAPTER. SUCH GRANTS SHALL BE IN
ADDITION TO OTHER FUNDS AUTHORIZED BY THIS SECTION. THERE IS HEREBY
AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THIS PARAGRAPH, OUT OF THE
HIGHWAY TRUST FUND, NOT TO EXCEED $12,500,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1974, NOT TO EXCEED $16,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1975, AND NOT TO EXCEED $19,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1976.
"(3) INCENTIVE AWARDS AWARDS AUTHORIZED BY THIS SECTION SHALL NOT
EXCEED 25 PER CENTUM OF EACH STATE'S APPORTIONMENT AS AUTHORIZED BY THIS
CHAPTER."
SEC. 220. THE SECOND SENTENCE OF SUBSECTION (A) OF SECTION 403 OF
TITLE 23, UNITED STATES CODE, //ANTE, P. 286.// IS AMENDED TO READ AS
FOLLOWS: "IN ADDITION, THE SECRETARY MAY USE THE FUNDS APPROPRIATED TO
CARRY OUT THIS SECTION, EITHER INDEPENDENTLY OR IN COOPERATION WITH
OTHER FEDERAL DEPARTMENTS OR AGENCIES, FOR MAKING GRANTS TO OR
CONTRACTING WITH STATE OR LOCAL AGENCIES, INSTITUTIONS, AND INDIVIDUALS
FOR (1) TRAINING OR EDUCATION OF HIGHWAY SAFETY PERSONNEL, (2) RESEARCH
FELLOWSHIPS IN HIGHWAY SAFETY, (3) DEVELOPMENT OF IMPROVED ACCIDENT
INVESTIGATION PROCEDURES, (4) EMERGENCY SERVICE PLANS, (5) DEMONSTRATION
PROJECTS, AND (6) RELATED ACTIVITIES WHICH THE SECRETARY DEEMS WILL
PROMOTE THE PURPOSES OF THIS SECTION. THE SECRETARY SHALL ASSURE THAT
NO FEES ARE CHARGED FOR ANY MEETING OR SERVICES ATTENDANT THERETO OR
OTHER ACTIVITIES RELATING TO TRAINING AND EDUCATION OF HIGHWAY SAFETY
PERSONNEL."
SEC. 221. SECTION 403 OF TITLE 23, UNITED STATES CODE, IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(D) THE SECRETARY MAY, WHERE HE DEEMS IT TO BE IN FURTHERANCE OF THE
PURPOSES OF SECTION 402 OF THIS TITLE, //ANTE, P. 290.// VEST IN STATE
OR LOCAL AGENCIES, ON SUCH TERMS AND CONDITIONS AS HE DEEMS APPROPRIATE,
TITLE TO EQUIPMENT PURCHASED FOR DEMONSTRATION PROJECTS WITH FUNDS
AUTHORIZED BY THIS SECTION."
SEC. 222. SECTION 403 OF TITLE 23, UNITED STATES CODE, //SUPRA.// IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(E) IN ADDITION TO THE RESEARCH AUTHORIZED BY SUBSECTION (A) OF THIS
SECTION, THE SECRETARY SHALL, EITHER INDEPENDENTLY OR IN COOPERATION
WITH OTHER FEDERAL DEPARTMENTS OR AGENCIES, CONDUCT RESEARCH INTO, AND
MAKE GRANTS TO OR CONTRACTS WITH STATE OR LOCAL AGENCIES, INSTITUTIONS,
AND INDIVIDUALS FOR PROJECTS TO DEMONSTRATE THE ADMINISTRATIVE
ADJUDICATION OF TRAFFIC INFRACTIONS. SUCH ADMINISTRATIVE ADJUDICATION
DEMONSTRATION PROJECTS SHALL BE DESIGNED TO IMPROVE HIGHWAY SAFETY BY
DEVELOPING FAIR, EFFICIENT, AND EFFECTIVE PROCESSES AND PROCEDURES FOR
TRAFFIC INFRACTION ADJUDICATION, UTILIZING APPROPRIATE PUNISHMENT,
TRAINING, AND REHABILITATIVE MEASURES FOR TRAFFIC OFFENDERS. THE
SECRETARY SHALL REPORT TO CONGRESS BY JULY 1, 1975, AND EACH YEAR
THEREAFTER DURING THE CONTINUANCE OF THE PROGRAM, ON THE RESEARCH AND
DEMONSTRATION PROJECTS AUTHORIZED BY THIS SUBSECTION, AND SHALL INCLUDE
IN SUCH REPORT A COMPARISON OF THE FAIRNESS, EFFICIENCY, AND
EFFECTIVENESS OF ADMINISTRATIVE ADJUDICATION OF TRAFFIC INFRACTIONS WITH
OTHER METHODS OF HANDLING SUCH INFRACTIONS."
SEC. 223. //87 STAT. 292// SUBSECTION (A)(1) OF SECTION 404 OF TITLE
23, UNITED STATES CODE, //81 STAT. 507.// IS AMENDED BY INSERTING
IMMEDIATELY AFTER "FEDERAL HIGHWAY ADMINISTRATOR," THE FOLLOWING "THE
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATOR,".
SEC. 224. THE FIRST SENTENCE OF SUBSECTION (A) OF SECTION 202 OF THE
HIGHWAY SAFETY ACT OF 1966 (80 STAT. 736) //23 USC 401 NOTE.// IS
AMENDED BY DELETING "MARCH 1" AND SUBSTITUTING IN LIEU THEREOF THE
FOLLOWING: "JULY 1".
SEC. 225. IN ORDER TO PROVIDE THE BASIS FOR EVALUATING THE
CONTINUING HIGHWAY SAFETY PROGRAMS AUTHORIZED IN TITLE 23, UNITED STATES
CODE, //72 STAT. 885. 23 USC 101 ET SEQ.// AND TO FURNISH CONGRESS WITH
THE INFORMATION NECESSARY FOR THE AUTHORIZATION OF APPROPRIATIONS FOR
SUCH PROGRAMS, THE SECRETARY OF TRANSPORTATION, IN COOPERATION WITH THE
GOVERNORS AND APPROPRIATE STATE AND LOCAL HIGHWAY OFFICIALS, SHALL MAKE
A FULL AND COMPLETE STUDY OF HIGHWAY SAFETY NEEDS AND SHALL PREPARE
RECOMMENDATIONS AND ESTIMATES OF THE COSTS FOR MEETING SUCH NEEDS. SUCH
ESTIMATES AND RECOMMENDATIONS SHALL IDENTIFY THE REQUIREMENTS TO MEET
HIGHWAY SAFETY NEEDS OF THE STATES, PUERTO RICO, AND THE DISTRICT OF
COLUMBIA AND WOULD ALSO CONSIDER THOSE OF GUAM, AMERICAN SAMOA, THE
VIRGIN ISLANDS AND SUCH OTHER UNITED STATES TERRITORIES AS THE SECRETARY
SHALL DETERMINE. THE SECRETARY SHALL SUBMIT SUCH DETAILED ESTIMATES AND
RECOMMENDATIONS TO THE CONGRESS NOT LATER THAN JANUARY 10, 1976.
SEC. 226. (A) SECTION 403 OF TITLE 23, UNITED STATES CODE, //ANTE, P.
291.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SUBSECTION:
"(F) IN ADDITION TO THE RESEARCH AUTHORIZED BY SUBSECTION (A) OF THIS
SECTION, THE SECRETARY SHALL CARRY OUT RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROJECTS TO IMPROVE AND EVALUATE THE EFFECTIVENESS OF
VARIOUS TYPES OF DRIVER EDUCATION PROGRAMS IN REDUCING TRAFFIC ACCIDENTS
AND DEATHS, INJURIES, AND PROPERTY DAMAGE RESULTING THEREFROM. THE
RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS AUTHORIZED BY THIS
SUBSECTION MAY BE CARRIED OUT BY THE SECRETARY THROUGH GRANTS AND
CONTRACTS WITH PUBLIC AND PRIVATE AGENCIES, INSTITUTIONS, AND
INDIVIDUALS. THE SECRETARY SHALL REPORT TO THE CONGRESS BY JULY 1,
1975, AND EACH YEAR THEREAFTER DURING THE CONTINUANCE OF THE PROGRAM, ON
THE RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS AUTHORIZED BY THIS
SUBSECTION, AND SHALL INCLUDE IN SUCH REPORT AN EVALUATION OF THE
EFFECTIVENESS OF DRIVER EDUCATION PROGRAMS IN REDUCING TRAFFIC ACCIDENTS
AND DEATHS, INJURIES, AND PROPERTY DAMAGE RESULTING THEREFROM."
(B) FOR THE PURPOSE OF CARRYING OUT THE AMENDMENT MADE BY SUBSECTION
(A) OF THIS SECTION, THERE IS AUTHORIZED TO BE APPROPRIATED $10,000,000
OUT OF THE HIGHWAY TRUST FUND.
SEC. 227. SECTION 104 OF TITLE 23, UNITED STATES CODE, //ANTE, P.
257.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SUBSECTION:
"(G) NOT MORE THAN 30 PER CENTUM OF THE AMOUNT APPORTIONED IN ANY
FISCAL YEAR TO EACH STATE IN ACCORDANCE WITH SECTIONS 144, 152, AND 153
OF THIS TITLE, OR SECTION 203(D) OF THE HIGHWAY SAFETY ACT OF 1973, //84
STAT. 1741; ANTE, PP. 286. 287, 283.// MAY BE TRANSFERRED FROM THE
APPORTIONMENT UNDER ONE SECTION TO THE APPORTIONMENT UNDER ANY OTHER OF
SUCH SECTIONS IF SUCH A TRANSFER IS REQUESTED BY THE STATE HIGHWAY
DEPARTMENT AND IS APPROVED BY THE SECRETARY AS BEING IN THE PUBLIC
INTEREST. //87 STAT. 293// THE SECRETARY MAY APPROVE SUCH TRANSFER ONLY
IF HE HAS RECEIVED SATISFACTORY ASSURANCES FROM THE STATE HIGHWAY
DEPARTMENT THAT THE PURPOSES OF THE PROGRAM FROM WHICH SUCH FUNDS ARE TO
BE TRANSFERRED HAVE BEEN MET."
SEC. 228. PARAGRAPH (1) OF SUBSECTION (B) OF SECTION 402 OF TITLE
23, UNITED STATES CODE, //80 STAT. 731.// IS AMENDED BY ADDING AT THE
END THEREOF THE FOLLOWING:
"(F) PROVIDE ADEQUATE AND REASONABLE ACCESS FOR THE SAFE AND
CONVENIENT MOVEMENT OF PHYSICALLY HANDICAPPED PERSONS, INCLUDING
THOSE IN WHEELCHAIRS, ACROSS CURB CONSTRUCTED OR REPLACED ON OR
AFTER JULY 1, 1976, AT ALL PEDESTRIAN CROSSWALKS THROUGHOUT THE
STATE."
SEC. 229. SUBSECTION (H) OF SECTION 402 OF TITLE 23, UNITED STATES
CODE, //84 STAT. 1740.// IS AMENDED TO READ AS FOLLOWS:
"(H) EACH UNIFORM SAFETY STANDARD PROMULGATED UNDER THIS SECTION ON
OR BEFORE JULY 1, 1973, SHALL CONTINUE IN EFFECT UNLESS OTHERWISE
SPECIFICALLY PROVIDED BY LAW ENACTED AFTER THE DATE OF ENACTMENT OF THE
FEDERAL-AID HIGHWAY ACT OF 1973. THE SECRETARY SHALL NOT PROMULGATE ANY
OTHER UNIFORM SAFETY STANDARD UNDER THIS SECTION (INCLUDING BY REVISION
OF A STANDARD CONTINUED IN EFFECT BY THE PRECEDING SENTENCE) UNLESS
OTHERWISE SPECIFICALLY PROVIDED BY LAW ENACTED AFTER THE DATE OF
ENACTMENT OF THE FEDERAL-AID HIGHWAY ACT OF 1973."
SEC. 230. (A) CHAPTER 4 OF TITLE 23, UNITED STATES CODE, //80 STAT.
731. 23 USC 401.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING
NEW SECTION:
" ^ 405. FEDERAL-AID SAFER ROADS DEMONSTRATION PROGRAM
"(A) THE FEDERAL-AID SAFER ROADS DEMONSTRATION PROGRAM SHALL CONSIST
OF ALL PUBLIC ROADS OR SEGMENTS THEREOF NOT ON A FEDERAL-AID SYSTEM
NEEDING IMPROVEMENTS TO CORRECT SAFETY HAZARDS SELECTED OR DESIGNATED BY
EACH STATE SUBJECT TO THE APPROVAL OF THE SECRETARY.
"(B) NOT LATER THAN JUNE 30, 1974, EACH STATE SHALL IDENTIFY PROJECTS
FOR THE FEDERAL-AID SAFER ROADS DEMONSTRATION PROGRAM FOR ALL PUBLIC
ROADS IN SUCH STATE NOT ON THE FEDERAL-AID SYSTEM, INCLUDING PROJECTS TO
IMPROVE HIGHWAY MARKING AND SIGNING, TO ELIMINATE ROADSIDE OBSTACLES, TO
ELIMINATE HAZARDS AT RAILROAD-HIGHWAY GRADE CROSSINGS, AND TO CORRECT
HIGH-HAZARD LOCATIONS, IDENTIFIED BY ACCIDENT REPORTING, TRAFFIC RECORDS
AND HAZARDS ANALYSIS SYSTEMS ESTABLISHED IN ACCORDANCE WITH STANDARDS
PROMULGATED UNDER SUBSECTION (A) OF SECTION 402 OF THIS TITLE. //POST,
P. 294.// EACH STATE SHALL ASSIGN PRIORITIES FOR AND UNDERTAKE THE
SYSTEMATIC CORRECTION OF IDENTIFIED HAZARDS, TO PROVIDE FOR THE MOST
EFFECTIVE IMPROVEMENT IN HIGHWAY SAFETY.
"(C) THERE IS AUTHORIZED TO BE APPROPRIATED FOR THE FEDERAL-AID SAFER
ROADS DEMONSTRATION PROGRAM FOR PROJECTS ON PUBLIC ROADS NOT ON THE
FEDERAL-AID SYSTEM FOR THE REMOVAL OF ROADSIDE OBSTACLES, THE
ELIMINATION OF HAZARDS AT RAILROAD-HIGHWAY GRADE CROSSINGS, AND THE
PROPER MARKING AND SIGNING OF HIGHWAYS IN ACCORDANCE WITH SUBSECTION (B)
OF THIS SECTION, OUT OF THE HIGHWAY TRUST FUND, $50,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1974, AND $100,000,000 PER FISCAL YEAR FO
EACH OF THE FISCAL YEARS ENDING JUNE 30, 1975, AND JUNE 30, 1976. //87
STAT. 294// SUCH SUMS SHALL BE APPORTIONED AMONG THE STATES IN
ACCORDANCE WITH THE FORMULA ESTABLISHED UNDER SUBSECTION (C) OF SECTION
402 OF THIS TITLE. //ANTE, P. 290.// THE FEDERAL SHARE PAYABLE ON
ACCOUNT OF ANY SUCH PROJECT SHALL BE 90 PER CENTUM OF THE COST THEREOF.
THE PROVISIONS OF CHAPTER 1 OF THIS TITLE RELATING TO THE OBLIGATION,
PERIOD OF AVAILABILITY, AND EXPENDITURE FOR FEDERAL-AID PRIMARY HIGHWAY
FUNDS SHALL APPLY TO FUNDS APPORTIONED TO CARRY OUT THIS SUBSECTION.
PRIOR TO JUNE 30, 1974, FUNDS SHALL BE AVAILABLE FOR SUCH PROJECTS AS
DETERMINED BY THE STATE, SUBJECT TO THE APPROVAL OF THE SECRETARY.
"(D) FOR THE PURPOSES OF THIS SECTION, THE TERM 'PUBLIC ROAD' MEANS
ANY ROAD UNDER THE JURISDICTION OF AND MAINTAINED BY A PUBLIC AUTHORITY
AND OPEN TO PUBLIC TRAVEL AND WHICH IS NOT ON A FEDERAL-AID SYSTEM.
"(E) IT SHALL BE THE RESPONSIBILITY OF EACH STATE TO MAINTAIN
ADEQUATE PAVEMENT MARKINGS ON ANY PUBLIC ROAD MARKED WITH FUNDS
AVAILABLE UNDER THIS SECTION IN SUCH STATE.
"(F) IN ANY STATE WHEREIN THE STATE IS WITHOUT LEGAL AUTHORITY TO
CONSTRUCT OR MAINTAIN A PROJECT UNDER THIS SECTION, SUCH STATE SHALL
ENTER INTO A FORMAL AGREEMENT FOR SUCH CONSTRUCTION OR MAINTENANCE WITH
THE APPROPRIATE LOCAL OFFICIALS OF THE COUNTY OF MUNICIPALITY IN WHICH
SUCH PROJECT IS LOCATED.
"(G) IN CARRYING OUT THE FEDERAL-AID SAFER ROADS DEMONSTRATION
PROGRAM AUTHORIZED BY THIS SECTION, THE SECRETARY SHALL COORDINATE SUCH
PROGRAM WITH THE PROGRAMS AND PROJECTS AUTHORIZED IN SECTIONS 144, 152,
AND 153, OF THIS TITLE AND SECTION 203(D) OF THE HIGHWAY SAFETY ACT OF
1973. //84 STAT. 1741; ANTE, PP. 286, 287.//
"(H) THE SECRETARY SHALL FILE AN INTERIM REPORT WITH THE CONGRESS ON
JANUARY 1, 1975, CONCERNING THE PROGRESS MADE UNDER THE DEMONSTRATION
PROGRAM AUTHORIZED BY THIS SECTION AND ITS EFFECTIVENESS. THE SECRETARY
SHALL REPORT TO CONGRESS ON OR BEFORE JANUARY 1, 1976, A COMPREHENSIVE
REPORT ON THE PROGRAM AUTHORIZED BY THIS SECTION. SUCH REPORTS SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF PROJECTS UNDERTAKEN, THEIR
DISTRIBUTION BY COST RANGE, ROADS SYSTEM, MEANS AND METHODS USED, AND
PREVIOUS AND SUBSEQUENT ACCIDENT EXPERIENCE AT IMPROVED LOCATIONS. IN
ADDITION SUCH REPORTS SHALL ANALYZE AND EVALUATE THE PROGRAM STATE BY
STATE, AND SHALL INCLUDE SUCH RECOMMENDATIONS AS HE DETERMINES NECESSARY
FOR THE FURTHER IMPLEMENTATION OF THIS PROGRAM."
(B) THE TABLE OF CONTENTS OF CHAPTER 4 OF TITLE 23, UNITED STATES
CODE, IS AMENDED BY ADDING AT THE END THEREOF: "405. FEDERAL-AID SAFER
ROADS DEMONSTRATION PROGRAM.".
SEC. 231. (A) THE FOURTH SENTENCE OF SUBSECTION (A) OF SECTION 402 OF
TITLE 23, UNITED STATES CODE, //80 STAT. 731.// IS AMENDED BY STRIKING
OUT THE PERIOD AT THE END THEREOF AND INSERTING IN LIEU THEREOF THE
FOLLOWING: "AND BICYCLE SAFETY."
(B) PARAGRAPH (B)(1)(E) OF SECTION 402 OF TITLE 23, UNITED STATES
CODE, IS AMENDED BY STRIKING OUT "AND" BEFORE "(5)" AND BY STRIKING OUT
THE PERIOD AT THE END OF SUCH PARAGRAPH AND INSERTING IN LIEU THEREOF A
COMMA AND THE FOLLOWING: "AND (6) DRIVER EDUCATION PROGRAMS, INCLUDING
RESEARCH, THAT WILL ASSURE GREATER SAFETY FOR BICYCLISTS USING PUBLIC
ROADS IN SUCH STATE."
SEC. 301. (A) //87 STAT. 295// THE FIFTH SENTENCE OF SECTION 4(A) OF
THE URBAN MASS TRANSPORTATION ACT OF 1964 IS AMENDED TO READ AS FOLLOWS
"THE FEDERAL GRANT FOR ANY SUCH PROJECT TO BE ASSISTED UNDER SECTION 3
SHALL BE IN AN AMOUNT EQUAL TO 90 PER CENTUM OF THE NET PROJECT COST."
//78 STAT. 304. 49 USC 1603.//
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL APPLY ONLY WITH
RESPECT TO PROJECTS WHICH WERE NOT SUBJECT TO ADMINISTRATIVE RESERVATION
ON OR BEFORE JULY 1, 1973.
(C) SECTION 4(C) OF THE URBAN MASS TRANSPORTATION ACT OF 1964 IS
AMENDED BY STRIKING OUT "$3,000,000" IN THE FIRST AND THIRD SENTENCE AND
INSERTING IN LIEU THEREOF "$6,000,000,000". //84 STAT. 965.//
(D) SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT OF 1964 IS
AMENDED-- //80 STAT. 715. 49 USC 1607A.//
(1) BY STRIKING OUT "TO MAKE GRANTS" IN THE FIRST SENTENCE AND
INSERTING IN LIEU THEREOF "TO CONTRACT FOR AND MAKE GRANTS";
(2) BY STRIKING OUT "AND DESIGNING" IN THE FIRST SENTENCE AND
INSERTING IN LIEU THEREOF "DESIGNING, AND EVALUATION";
(3) BY STRIKING OUT "AND (3)" IN THE SECOND SENTENCE AND
INSERTING IN LIEU THEREOF "(3) EVALUATION OF PREVIOUSLY FUNDED
PROJECTS; AND (4)";
(4) BY INSERTING "OR CONTRACT" AFTER "A GRANT" IN THE THIRD
SENTENCE; AND
(5) BY STRIKING OUT ALL THAT FOLLOWS "SECRETARY" IN THE THIRD
SENTENCE AND INSERTING IN LIEU THEREOF A PERIOD.
(E) THE PROVISION OF ASSISTANCE UNDER THE AMENDMENTS MADE BY THIS
SECTION SHALL NOT BE CONSTRUED AS BRINGING WITHIN THE APPLICATION OF
CHAPTER 15 OF TITLE 5, UNITED STATES CODE, //80 STAT. 403. 5 USC 1501.//
ANY NONSUPERVISORY EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM (OR
OF ANY OTHER AGENCY OR ENTITY PERFORMING RELATED FUNCTIONS) TO WHOM SUCH
CHAPTER IS OTHERWISE INAPPLICABLE.
(F) SECTION 12 OF THE URBAN MASS TRANSPORTATION ACT OF 1964 IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION: //
78 STAT. 306; 79 STAT. 507; 80 STAT. 715. 49 USC 1608.//
"(F) NO PERSON SHALL ON THE GROUND OF SEX BE EXCLUDED FROM
PARTICIPATION IN, BE DENIED THE BENEFITS OF, OR BE SUBJECTED TO
DISCRIMINATION UNDER ANY PROGRAM OR ACTIVITY RECEIVING FEDERAL
ASSISTANCE UNDER THIS ACT OR CARRIED ON UNDER THIS ACT. THIS PROVISION
WILL BE ENFORCED THROUGH AGENCY PROVISIONS AND RULES SIMILAR TO THOSE
ALREADY ESTABLISHED, WITH RESPECT TO RACIAL AND OTHER DISCRIMINATION,
UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964. //78 STAT. 252. 42 USC
2000D.// HOWEVER, THIS REMEDY IS NOT EXCLUSIVE AND WILL NOT PREJUDICE OR
CUT OFF ANY OTHER LEGAL REMEDIES AVAILABLE TO A DISCRIMINATEE."
(G) SECTION 16(B) OF THE URBAN MASS TRANSPORTATION ACT OF 1964 IS
AMENDED TO READ AS FOLLOWS:
"(B) IN ADDITION TO THE GRANTS AND LOANS OTHERWISE PROVIDED FOR UNDER
THIS ACT, THE SECRETARY IS AUTHORIZED TO MAKE GRANTS AND LOANS-- //84
STAT. 967. 49 USC 1612.//
"(1) TO STATES AND LOCAL PUBLIC BODIES AND AGENCIES THEREOF FOR
THE SPECIFIC PURPOSE OF ASSISTING THEM IN PROVIDING MASS
TRANSPORTATION SERVICES WHICH ARE PLANNED, DESIGNED, AND CARRIED
OUT SO AS TO MEET THE SPECIAL NEEDS OF ELDERLY AND HANDICAPPED
PERSONS, WITH SUCH GRANTS AND LOANS BEING SUBJECT TO ALL OF THE
TERMS, CONDITIONS, REQUIREMENTS, AND PROVISIONS APPLICABLE TO
GRANTS AND LOANS MADE UNDER SECTION 3(A) AND BEING CONSIDERED FOR
THE PURPOSES OF ALL OTHER LAWS TO HAVE BEEN MADE UNDER SUCH
SECTION; //84 STAT. 962 49 USC 1602.// AND
"(2) TO PRIVATE NONPROFIT CORPORATIONS AND ASSOCIATIONS FOR THE
SPECIFIC PURPOSE OF ASSISTING THEM IN PROVIDING TRANSPORTATION
SERVICES MEETING THE SPECIAL NEEDS OF ELDERLY AND HANDICAPPED
PERSONS FOR WHOM MASS TRANSPORTATION SERVICES PLANNED, DESIGNED,
AND CARRIED OUT UNDER PARAGRAPH (1) ARE UNAVAILABLE, INSUFFICIENT,
OR INAPPROPRIATE, WITH SUCH GRANTS AND LOANS BEING SUBJECT TO SUCH
TERMS, CONDITIONS, REQUIREMENTS, AND PROVISIONS (SIMILAR SOFAR AS
MAY BE APPROPRIATE TO THOSE APPLICABLE TO GRANTS AND LOANS UNDER
PARAGRAPH (1)) AS THE SECRETARY MAY DETERMINE TO BE NECESSARY OR
APPROPRIATE FOR PURPOSES OF THIS PARAGRAPH. //87 STAT. 296//
OF THE TOTAL AMOUNT OF THE OBLIGATIONS WHICH THE SECRETARY IS AUTHORIZED
TO INCUR ON BEHALF OF THE UNITED STATES UNDER THE FIRST SENTENCE OF
SECTION 4(C), //ANTE, P. 295.// 2 PER CENTUM MAY BE SET ASIDE AND USED
EXCLUSIVELY TO FINANCE THE PROGRAMS AND ACTIVITIES AUTHORIZED BY THIS
SUBSECTION (INCLUDING ADMINISTRATIVE COSTS)."
SEC. 401. THE TIME REQUIREMENTS IN SECTION 104(B) OF TITLE 23,
UNITED STATES CODE, //ANTE, P. 256.// SHALL NOT BE APPLICABLE TO THE
APPORTIONMENT OF SUMS AUTHORIZED FOR THE FISCAL YEAR ENDING JUNE 30,
1974, IN ANY TITLE OF THIS ACT, AND THE SECRETARY SHALL APPORTION SUCH
SUMS FOR SUCH FISCAL YEAR AS SOON AS PRACTICABLE AFTER THE DATE OF
ENACTMENT OF THIS ACT.
SEC. 402. ALL SUMS AUTHORIZED IN PUBLIC LAW 93 - 61 ARE INCLUDED
WITHIN THE AUTHORIZATIONS CONTAINED IN THIS ACT FOR THE FISCAL YEAR
ENDING JUNE 30, 1974, //ANTE, P. 145.// AND THE SECRETARY SHALL MAKE
SUCH ADJUSTMENTS IN APPORTIONMENTS MADE UNDER PUBLIC LAW 93 - 61 AS MAY
BE NECESSARY TO CONFORM SUCH APPORTIONMENTS TO THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 118 (COMM. ON PUBLIC WORKS) AND NO. 94 - 410
(COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 61 (COMM. ON PUBLIC WORKS) AND NO. 93 - 355
(COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 14, 15, CONSIDERED AND PASSED SENATE. APR. 17 - 19,
CONSIDERED AND PASSED HOUSE, AMENDED. AUG. 1, SENATE AGREED TO
CONFERENCE REPORT. AUG. 3, HOUSE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9, NO. 33:
AUG. 13, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-87, 87 STAT. 250, HIGHWAY SAFETY ACT OF 1973, (TITLE I)
TO AUTHORIZE APPORPRIATIONS FOR THE CONSTRUCTION OF CERTAIN
HIGHWAYS IN ACCORDANCE WITH TITLE 23 OF THE UNITED STATES CODE,
AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 101. THIS TITLE MAY BE CITED AS THE "FEDERAL-AID HIGHWAY ACT OF
1973."
SEC. 102. SUBSECTION (B) OF SECTION 108 OF THE FEDERAL-AID HIGHWAY
ACT OF 1956, //82 STAT. 815; 84 STAT. 1714. 23 USC 101 NOTE.// AS
AMENDED, IS AMENDED BY STRIKING OUT "THE ADDITIONAL SUM OF
$4,000,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, THE ADDITIONAL
SUM OF $4,000,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND THE
ADDITIONAL SUM OF $4,000,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1976", AND BY INSERTING IN LIEU THEREOF THE FOLLOWING: "THE ADDITIONAL
SUM OF $2,600,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, THE
ADDITIONAL SUM OF $3,000,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1976, THE ADDITIONAL SUM OF $3,250,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1977, THE ADDITIONAL SUM OF $3,250,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1978, AND THE ADDITIONAL SUM OF $3,250,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1979."
SEC. 103. THE SECRETARY OF TRANSPORTATION SHALL APPORTION FOR THE
FISCAL YEAR ENDING JUNE 30, 1974, JUNE 30, 1975, AND JUNE 30, 1976, THE
SUMS AUTHORIZED TO BE APPROPRIATED FOR SUCH YEARS FOR EXPENDITURES ON
THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS, USING THE
APPORTIONMENT FACTORS CONTAINED IN TABLE 5, OF HOUSE PUBLIC WORKS
COMMITTEE PRINT NUMBERED 92 - 29, AS REVISED IN HOUSE REPORT NUMBERED 92
- 1443. //87 STAT. 251//
SEC. 104. (A) FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF TITLE
23, UNITED STATES CODE, THE FOLLOWING SUMS ARE HEREBY AUTHORIZED TO BE
APPROPRIATED: //72 STAT. 885. 23 USC 101 ET SEQ.//
(1) FOR THE FEDERAL-AID PRIMARY SYSTEM IN RURAL AREAS, OUT OF THE
HIGHWAY TRUST FUND, $680,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1974, $700,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976. FOR THE
FEDERAL-AID SECONDARY SYSTEM IN RURAL AREAS, OUT OF HIGHWAY TRUST FUND,
$390,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $400,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1975, AND $400,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976.
(2) FOR THE FEDERAL-AID URBAN SYSTEM, OUT OF THE HIGHWAY TRUST FUND,
$780,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $800,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1975, AND $800,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976. FOR THE EXTENSIONS OF THE FEDERAL-AID
PRIMARY AND SECONDARY SYSTEMS IN URBAN AREAS, OUT OF THE HIGHWAY TRUST
FUND $290,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $300,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND $300,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1976.
(3) FOR FOREST HIGHWAYS, OUT OF THE HIGHWAY TRUST FUND $33,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $33,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1975, AND $33,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1976.
(4) FOR PUBLIC LANDS HIGHWAYS, OUT OF THE HIGHWAY TRUST FUND,
$16,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $16,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1975, AND $16,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976.
(5) FOR FOREST DEVELOPMENT ROADS AND TRAILS, $140,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1974, $140,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, AND $140,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1976.
(6) FOR PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS, $10,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1974, $10,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, AND $10,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1976.
(7) FOR PARK ROADS AND TRAILS, $30,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1974, $30,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND
$30,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976.
(8) FOR PARKWAYS, $60,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1974, $75,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND
$75,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, EXCEPT THAT THE
ENTIRE COST OF ANY HIGHWAY PROJECT ON ANY FEDERAL-AID SYSTEM PAID UNDER
THE AUTHORIZATION CONTAINED IN THIS PARAGRAPH SHALL BE PAID FROM THE
HIGHWAY TRUST FUND. //87 STAT. 251// //87 STAT. 252//
(9) FOR INDIAN RESERVATION ROADS AND BRIDGES, $75,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1974, $75,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1975, AND $75,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976.
(10) FOR ECONOMIC GROWTH CENTER DEVELOPMENT HIGHWAYS UNDER SECTION
143 OF TITLE 23, //84 STAT. 1729.// UNITED STATES CODE, OUT OF THE
HIGHWAY TRUST FUND, $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1974, $75,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND
$100,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976.
(11) FOR NECESSARY ADMINISTRATIVE EXPENSES IN CARRYING OUT SECTION
131, SECTION 136, AND SECTION 319(B) OF TITLE 23, UNITED STATES CODE,
//79 STAT. 1028, 1030, 1032; 82 STAT. 818.// $1,500,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, $1,500,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1975, AND $1,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976.
(12) FOR CARRYING OUT SECTION 215(A) OF TITLE 23, UNITED STATES
CODE-- //84 STAT. 1720.//
(A) FOR THE VIRGIN ISLANDS, NOT TO EXCEED $5,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1974, NOT TO EXCEED $5,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1975, AND NOT TO EXCEED $5,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1976.
(B) FOR GUAM NOT TO EXCEED $2,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1974, NOT TO EXCEED $2,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, AND NOT TO EXCEED $2,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976.
(C) FOR AMERICAN SAMOA NOT TO EXCEED $1,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, NOT TO EXCEED $1,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1975, AND NOT TO EXCEED $1,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1976.
SUMS AUTHORIZED BY THIS PARAGRAPH SHALL BE AVAILABLE FOR OBLIGATION AT
THE BEGINNING OF THE FISCAL YEAR FOR WHICH AUTHORIZED IN THE SAME MANNER
AND TO THE SAME EXTENT AS IF SUCH SUMS WERE APPORTIONED UNDER CHAPTER 1
OF TITLE 23, UNITED STATES CODE. //72 STAT. 885. 23 USC 101.//
(13) NOTHING IN THE FIRST TEN PARAGRAPHS OR IN PARAGRAPH (12) OF THIS
SECTION SHALL BE CONSTRUED TO AUTHORIZE THE APPROPRIATION OF ANY SUMS TO
CARRY OUT SECTION 131, 136, 319(B), OR CHAPTER 4 OF TITLE 23, UNITED
STATES CODE. //79 STAT. 1028, 1030, 1032; 82 STAT. 818.//
(B) FOR EACH OF THE FISCAL YEARS 1974, 1975, AND 1976, NO STATE SHALL
RECEIVE LESS THAN ONE-HALF OF 1 PER CENTUM OF THE TOTAL APPORTIONMENT
FOR THE INTERSTATE SYSTEM UNDER PARAGRAPH (5) OF SUBSECTION (B) OF
SECTION 104 OF TITLE 23, UNITED STATES CODE. //80 STAT. 731. 23 USC
401.// WHENEVER SUCH AMOUNTS MADE AVAILABLE FOR THE INTERSTATE SYSTEM IN
ANY STATE EXCEED THE COST OF COMPLETING THAT STATE'S PORTION OF THE
INTERSTATE SYSTEM, THE EXCESS AMOUNT SHALL BE TRANSFERRED TO AND ADDED
TO THE AMOUNTS APPORTIONED TO SUCH STATE UNDER PARAGRAPHS (1), (2), (3),
AND (6) OF SUBSECTION (B) OF SECTION 104 OF TITLE 23, UNITED STATES
CODE, IN THE RATIO WHICH THESE RESPECTIVE AMOUNTS BEAR TO EACH OTHER IN
THAT STATE. FOR THE PURPOSE OF CARRYING OUT THIS SUBSECTION, THERE ARE
AUTHORIZED TO BE APPROPRIATED OUT OF THE HIGHWAY TRUST FUND NOT TO
EXCEED $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $50,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND $50,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976. IT IS THE SENSE OF THE CONGRESS THAT THIS
SUBSECTION IS AN INTERIM PROVISION TO BE RECONSIDERED AT THE EXPIRATION
OF THIS AUTHORIZATION. //87 STAT. 252// //87 STAT. 253//
SEC. 105. SUBSECTION (A) OF SECTION 101 OF TITLE 23 OF THE UNITED
STATES CODE IS AMENDED AS FOLLOWS: //72 STAT. 885; 84 STAT. 1716.//
(1) THE DEFINITION OF THE TERM "CONSTRUCTION" IS AMENDED TO READ AS
FOLLOWS:
"THE TERM 'CONSTRUCTION' MEANS THE SUPERVISING, INSPECTING, ACTUAL
BUILDING, AND ALL EXPENSES INCIDENTAL TO THE CONSTRUCTION OR
RECONSTRUCTION OF A HIGHWAY, INCLUDING LOCATING, SURVEYING, AND MAPPING
(INCLUDING THE ESTABLISHMENT OF TEMPORARY AND PERMANENT GEODETIC MARKERS
IN ACCORDANCE WITH SPECIFICATIONS OF THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION IN THE DEPARTMENT OF COMMERCE), ACQUISITION
OF RIGHTS-OF-WAY, RELOCATION ASSISTANCE, ELIMINATION OF HAZARDS OF
RAILWAY GRADE CROSSINGS, ACQUISITION OF REPLACEMENT HOUSING SITES,
ACQUISITION AND REHABILITATION, RELOCATION, AND CONSTRUCTION OF
REPLACEMENT HOUSING, AND IMPROVEMENTS WHICH DIRECTLY FACILITATE AND
CONTROL TRAFFIC FLOW, SUCH AS GRADE SEPARATION OF INTERSECTIONS,
WIDENING OF LANES, CHANNELIZATION OF TRAFFIC, TRAFFIC CONTROL SYSTEMS,
AND PASSENGER LOADING AND UNLOADING AREAS."
(2) THE DEFINITION OF THE TERM 'URBAN AREA" IS AMENDED TO READ AS
FOLLOWS:
"THE TERM 'URBAN AREA' MEANS AN URBANIZED AREA OR, IN THE CASE OF AN
URBANIZED AREA ENCOMPASSING MORE THAN ONE STATE, THAT PART OF THE
URBANIZED AREA IN EACH SUCH STATE, OR AN URBAN PLACE AS DESIGNATED BY
THE BUREAU OF THE CENSUS HAVING A POPULATION OF FIVE THOUSAND OR MORE
AND NOT WITHIN ANY URBANIZED AREA, WITHIN BOUNDARIES TO BE FIXED BY
RESPONSIBLE STATE AND LOCAL OFFICIALS IN COOPERATION WITH EACH OTHER,
SUBJECT TO APPROVAL BY THE SECRETARY. SUCH BOUNDARIES SHALL, AS A
MINIMUM, ENCOMPASS THE ENTIRE URBAN PLACE DESIGNATED BY THE BUREAU OF
THE CENSUS."
(3) THE DEFINITION OF THE TERM "INDIAN RESERVATION ROADS AND BRIDGES"
IS AMENDED TO READ AS FOLLOWS:
"THE TERM 'INDIAN RESERVATION ROADS AND BRIDGES' MEANS ROADS AND
BRIDGES THAT ARE LOCATED WITHIN OR PROVIDE ACCESS TO AN INDIAN
RESERVATION OR INDIAN TRUST LAND OR RESTRICTED INDIAN LAND WHICH IS NOT
SUBJECT TO FEE TITLE ALIENATION WITHOUT THE APPROVAL OF THE FEDERAL
GOVERNMENT, OR INDIAN AND ALASKA NATIVE VILLAGES, GROUPS, OR COMMUNITIES
IN WHICH INDIANS AND ALASKAN NATIVES RESIDE, WHOM THE SECRETARY OF THE
INTERIOR HAS DETERMINED ARE ELIGIBLE FOR SERVICES GENERALLY AVAILABLE TO
INDIANS UNDER FEDERAL LAWS SPECIFICALLY APPLICABLE TO INDIANS."
(4) THE DEFINITION OF "URBANIZED AREA" IS AMENDED TO READ AS FOLLOWS:
"THE TERM 'URBANIZED AREA' MEANS AN AREA SO DESIGNATED BY THE BUREAU
OF THE CENSUS, WITHIN BOUNDARIES TO BE FIXED BY RESPONSIBLE STATE AND
LOCAL OFFICIALS IN COOPERATION WITH EACH OTHER, SUBJECT TO APPROVAL BY
THE SECRETARY. SUCH BOUNDARIES SHALL, AS A MINIMUM, EXCOMPASS THE
ENTIRE URBANIZED AREA WITHIN A STATE AS DESIGNATED BY THE BUREAU OF THE
CENSUS." //87 STAT. 253// //87 STAT. 254//
SEC. 106. (A) THE SECOND PARAGRAPH OF SECTION 101(B) OF TITLE 23,
UNITED STATES CODE, //84 STAT. 1714.// IS AMENDED BY STRIKING OUT
"TWENTY YEARS" AND INSERTING IN LIEU THEREOF "TWENTY-THREE YEARS" AND BY
STRIKING OUT "JUNE 30, 1976", AND INSERTING IN LIEU THEREOF "JUNE 30,
1979".
(B)(1) THE INTRODUCTORY PHRASE AND THE SECOND AND THIRD SENTENCES OF
SECTION 104(B)(5) OF TITLE 23, UNITED STATES CODE, ARE AMENDED BY
STRIKING OUT "1976" EACH PLACE IT APPEARS AND INSERTING IN LIEU THEREOF
AT EACH SUCH PLACE "1979".
(2) THE LAST FOUR SENTENCES OF SUCH SECTION 104(B)(5) ARE AMENDED TO
READ AS FOLLOWS: //72 STAT. 889; 84 STAT. 1714.// "UPON THE APPROVAL
BY CONGRESS, THE SECRETARY SHALL USE THE FEDERAL SHARE OF SUCH APPROVED
ESTIMATE IN MAKING APPORTIONMENTS FOR THE FISCAL YEARS ENDING JUNE 30,
1974, JUNE 30, 1975, AND JUNE 30, 1976. THE SECRETARY SHALL MAKE A
REVISED ESTIMATE OF THE COST OF COMPLETING THE THEN DESIGNATED
INTERSTATE SYSTEM AFTER TAKING INTO ACCOUNT ALL PREVIOUS APPORTIONMENTS
MADE UNDER THIS SECTION IN THE SAME MANNER AS STATED ABOVE, AND TRANSMIT
THE SAME TO THE SENATE AND THE HOUSE OF REPRESENTATIVES WITHIN TEN DAYS
SUBSEQUENT TO JANUARY 2, 1975. UPON THE APPROVAL OF CONGRESS, THE
SECRETARY SHALL USE THE FEDERAL SHARE OF SUCH APPROVED ESTIMATE IN
MAKING APPORTIONMENTS FOR THE FISCAL YEAR ENDING JUNE 30, 1977, AND JUNE
30, 1978. THE SECRETARY SHALL MAKE A REVISED ESTIMATE OF THE COST OF
COMPLETING THE THEN DESIGNATED INTERSTATE SYSTEM AFTER TAKING INTO
ACCOUNT ALL PREVIOUS APPORTIONMENTS MADE UNDER THIS SECTION IN THE SAME
MANNER AS STATED ABOVE, AND TRANSMIT THE SAME TO THE SENATE AND THE
HOUSE OF REPRESENTATIVES WITHIN TEN DAYS SUBSEQUENT TO JANUARY 2, 1977.
UPON THE APPROVAL BY CONGRESS, THE SECRETARY SHALL USE THE FEDERAL SHARE
OF SUCH APPROVED ESTIMATES IN MAKING APPORTIONMENTS FOR THE FISCAL YEAR
ENDING JUNE 30, 1979. WHENEVER THE SECRETARY, PURSUANT TO THIS
SUBSECTION, REQUESTS AND RECEIVES ESTIMATES OF COST FROM THE STATE
HIGHWAY DEPARTMENTS, HE SHALL FURNISH COPIES OF SUCH ESTIMATES AT THE
SAME TIME TO THE SENATE AND THE HOUSE OF REPRESENTATIVES."
SEC. 107. SUBSECTION (B) OF SECTION 101 OF TITLE 23, UNITED STATES
CODE, //72 STAT. 885.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW PARAGRAPH:
"IT IS FURTHER DECLARED THAT SINCE THE INTERSTATE SYSTEM IS NOW IN
THE FINAL PHASE OF COMPLETION IT SHALL BE THE NATIONAL POLICY THAT
INCREASED EMPHASIS BE PLACED ON THE CONSTRUCTION AND RECONSTRUCTION OF
THE OTHER FEDERAL-AID SYSTEMS IN ACCORDANCE WITH THE FIRST PARAGRAPH OF
THIS SUBSECTION, IN ORDER TO BRING ALL OF THE FEDERAL-AID SYSTEMS UP TO
STANDARDS AND TO INCREASE THE SAFETY OF THESE SYSTEMS TO THE MAXIMUM
EXTENT."
SEC. 108. SECTION 101 OF TITLE 23 OF THE UNITED STATES CODE IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION: //87
STAT. 255// //72 STAT. 885; 84 STAT. 1718.//
(E) IT IS THE NATIONAL POLICY THAT TO THE MAXIMUM EXTENT POSSIBLE THE
PROCEDURES TO BE UTILIZED BY THE SECRETARY AND ALL OTHER AFFECTED HEADS
OF FEDERAL DEPARTMENTS, AGENCIES, AND INSTRUMENTALITIES FOR CARRYING OUT
THIS TITLE AND ANY OTHER PROVISION OF LAW RELATING TO THE FEDERAL
HIGHWAY PROGRAMS SHALL ENCOURAGE THE SUBSTANTIAL MINIMIZATION OF
PAPERWORK AND INTERAGENCY DECISION PROCEDURES AND THE BEST USE OF
AVAILABLE MANPOWER AND FUNDS SO AS TO PREVENT NEEDLESS DUPLICATION AND
UNNECESSARY DELAYS AT ALL LEVELS OF GOVERNMENT."
SEC. 109. (A) SUBSECTION (D) OF SECTION 103 OF TITLE 23, UNITED
STATES CODE, IS AMENDED BY STRIKING THE FIRST, SECOND, THIRD, FOURTH,
AND FIFTY SENTENCES AND INSERTING IN LIEU THEREOF THE FOLLOWING: "THE
FEDERAL-AID URBAN SYSTEM SHALL BE ESTABLISHED IN EACH URBANIZED AREA,
AND IN SUCH OTHER URBAN AREAS AS THE STATE HIGHWAY DEPARTMENT MAY
DESIGNATE. THE SYSTEM SHALL BE SO LOCATED AS TO SERVE THE MAJOR CENTERS
OF ACTIVITY, AND SHALL INCLUDE HIGH TRAFFIC VOLUME ARTERIAL AND
COLLECTOR ROUTES, INCLUDING ACCESS ROADS TO AIRPORTS, AND OTHER
TRANSPORTATION TERMINALS. NO ROUTE ON THE FEDERAL-AID URBAN SYSTEM
SHALL ALSO BE A ROUTE ON ANY OTHER FEDERAL-AID SYSTEM. EACH ROUTE OF
THE SYSTEM TO THE EXTENT FEASIBLE SHALL CONNECT WITH ANOTHER ROUTE ON A
FEDERAL-AID SYSTEM. ROUTES ON THE FEDERAL-AID URBAN SYSTEM SHALL BE
SELECTED BY THE APPROPRIATE LOCAL OFFICIALS SO AS TO SERVE THE GOALS AND
OBJECTIVES OF THE COMMUNITY, WITH THE CONCURRENCE OF THE STATE HIGHWAY
DEPARTMENTS, AND IN URBANIZED AREAS, ALSO IN ACCORDANCE WITH THE
PLANNING PROCESS UNDER SECTION 134 OF THIS TITLE. //76 STAT. 1148; 84
STAT. 1737.// DESIGNATION OF THE FEDERAL-AID URBAN SYSTEM SHALL BE
SUBJECT TO THE APPROVAL OF THE SECRETARY AS PROVIDED IN SUBSECTION (F)
OF THIS SECTION."
(B) SUBSECTION (D) OF SECTION 105 OF TITLE 23, UNITED STATES CODE, IS
AMENDED TO READ AS FOLLOWS: //84 STAT. 1717.//
"(D) IN APPROVING PROGRAMS FOR PROJECTS ON THE FEDERAL-AID URBAN
SYSTEM, THE SECRETARY SHALL REQUIRE THAT SUCH PROJECTS BE SELECTED BY
THE APPROPRIATE LOCAL OFFICIALS WITH THE CONCURRENCE OF THE STATE
HIGHWAY DEPARTMENT OF EACH STATE AND, IN URBANIZED AREAS, ALSO IN
ACCORDANCE WITH THE PLANNING PROCESS REQUIRED PURSUANT TO SECTION 134 OF
THIS TITLE."
SEC. 110. (A) SECTION 103(G) //84 STAT. 1729.// OF TITLE 23, UNITED
STATES CODE, IS AMENDED TO READ AS FOLLOWS:
"(G) THE SECRETARY, ON JULY 1, 1974, SHALL REMOVE FROM DESIGNATION AS
A PART OF THE INTERSTATE SYSTEM EACH SEGMENT OF SUCH SYSTEM FOR WHICH A
STATE HAS NOT NOTIFIED THE SECRETARY THAT SUCH STATE INTENDS TO
CONSTRUCT SUCH SEGMENT, AND WHICH THE SECRETARY FINDS IS NOT ESSENTIAL
TO COMPLETION OF A UNIFIED AND CONNECTED INTERSTATE SYSTEM. ANY SEGMENT
OF THE INTERSTATE SYSTEM, WITH RESPECT TO WHICH A STATE HAS NOT
SUBMITTED BY JULY 1, 1975, A SCHEDULE FOR THE EXPENDITURE OF FUNDS FOR
COMPLETION OF CONSTRUCTION OF SUCH SEGMENT OR ALTERNATIVE SEGMENT WITHIN
THE PERIOD OF AVAILABILITY OF FUNDS AUTHORIZED TO BE APPROPRIATED FOR
COMPLETION OF THE INTERSTATE SYSTEM, AND WITH RESPECT TO WHICH THE STATE
HAS NOT PROVIDED THE SECRETARY WITH ASSURANCES SATISFACTORY TO HIM THAT
SUCH SCHEDULE WILL BE MET, SHALL BE REMOVED FROM DESIGNATION AS A PART
OF THE INTERSTATE SYSTEM. NO SEGMENT OF THE INTERSTATE SYSTEM REMOVED
UNDER THE AUTHORITY OF THE PRECEDING SENTENCE SHALL THEREAFTER BE
DESIGNATED AS A PART OF THE INTERSTATE SYSTEM EXCEPT AS THE SECRETARY
FINDS NECESSARY IN THE INTEREST OF NATIONAL DEFENSE OR FOR OTHER REASONS
ON NATIONAL INTEREST. //87 STAT. 256// THIS SUBSECTION SHALL NOT BE
APPLICABLE TO ANY SEGMENT OF THE INTERSTATE SYSTEM REFERRED TO IN
SECTION 23(A) OF THE FEDERAL-AID HIGHWAY ACT OF 1968." //82 STAT. 827.
D.C. CODE 7-135 NOTE.//
(B) SECTION 103 OF TITLE 23, UNITED STATES CODE, //72 STAT. 887;
ANTE, P. 255.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING
NEW SUBSECTION:
"(H) NOTWITHSTANDING SUBSECTIONS (E)(2) AND (G) OF THIS SECTION, IN
ANY CASE WHERE A SEGMENT OF THE INTERSTATE SYSTEM WAS A DESIGNATED PART
OF SUCH SYSTEM ON JUNE 1, 1973, AND IS ENTIRELY WITHIN THE BOUNDARIES OF
AN INCORPORATED CITY AND SUCH CITY ENTERS INTO AN AGREEMENT WITH THE
SECRETARY TO PAY ALL NON-FEDERAL COSTS OF CONSTRUCTION OF SUCH SEGMENT
SUCH SEGMENT SHALL BE CONSTRUCTED."
(C) THE AMENDMENTS MADE BY SUBSECTIONS (A) AND (B) OF THIS SECTION
SHALL TAKE EFFECT JUNE 30, 1973.
SEC. 111. (A) SECTION 104 OF TITLE 23, UNITED STATES CODE, IS AMENDED
AS FOLLOWS: //72 STAT. 889.//
(1) PARAGRAPHS (1) AND (2) OF SUBSECTION (B) ARE AMENDED BY STRIKING
THE WORDS "STAR ROUTES" EACH TIME THEY APPEAR AND INSERTING IN LIEU
THEREOF "INTERCITY MAIL ROUTES WHERE SERVICE IS PERFORMED BY MOTOR
VEHICLES".
(2) PARAGRAPH (1) OF SUBSECTION (B) IS AMENDED BY STRIKING OUT
"ONE-THIRD IN THE RATIO WHICH THE POPULATION OF EACH STATE BEARS TO THE
TOTAL POPULATION OF ALL THE STATES" AND INSERTING IN LIEU THEREOF THE
FOLLOWING: "ONE-THIRD IN THE RATIO WHICH THE POPULATION OF RURAL AREAS
OF EACH STATE BEARS TO THE TOTAL POPULATION OF RURAL . AREAS OF ALL THE
STATES." THE LAST SENTENCE OF SUCH PARAGRAPH IS AMENDED BY INSERTING
"(OTHER THAN THE DISTRICT OF COLUMBIA)" IMMEDIATELY AFTER "NO STATE".
(3) PARAGRAPH (2) OF SUBSECTION (B) IS AMENDED BY STRIKING OUT
"ONE-THIRD IN THE RATIO WHICH THE RURAL POPULATION OF EACH STATE BEARS
TO THE TOTAL RURAL POPULATION OF ALL THE STATES" AND INSERTING IN LIEU
THEREOF THE FOLLOWING: "ONE-THIRD IN THE RATIO WHICH THE POPULATION OF
RURAL AREAS OF EACH STATE BEARS TO THE TOTAL POPULATION OF RURAL AREAS
OF ALL OF THE STATES". THE LAST SENTENCE OF SUCH PARAGRAPH IS AMENDED
BY INSERTING "(OTHER THAN THE DISTRICT OF COLUMBIA)" IMMEDIATELY AFTER
"NO STATE".
(4) PARAGRAPH (6) OF SUBSECTION (B) IS AMENDED BY STRIKING THE WORD
"URBANIZED" WHEREVER IT APPEARS AND INSERTING IN LIEU THEREOF "URBAN",
AND BY ADDING AT THE END THEREOF THE FOLLOWING: "NO STATE SHALL RECEIVE
LESS THAN ONE-HALF OF 1 PER CENTUM OF EACH YEAR'S APPORTIONMENT."
(5) SUBSECTION (C) IS AMENDED BY STRIKING OUT "20 PER CENTUM" IN EACH
OF THE TWO PLACES IT APPEARS AND INSERTING IN LIEU THEREOF IN EACH SUCH
PLACE THE FOLLOWING: //72 STAT. 891.// "40 PER CENTUM" AND BY STRIKING
OUT "PARAGRAPH (1), (2), OR (3)" AND INSERTING IN LIEU THEREOF
"PARAGRAPH (1) OR (2)."
(6) SUBSECTION (D) IS AMENDED TO READ AS FOLLOWS:
"(D) NOT MORE THAN 40 PER CENTUM OF THE AMOUNT APPORTIONED IN ANY
FISCAL YEAR TO EACH STATE IN ACCORDANCE WITH PARAGRAPH (3) OR (6) OF
SUBSECTION (B) OF THIS SECTION MAY BE TRANSFERRED FROM THE APPORTIONMENT
UNDER ONE PARAGRAPH TO THE APPORTIONMENT UNDER THE OTHER PARAGRAPH IF
SUCH TRANSFER IS REQUESTED BY THE STATE HIGHWAY DEPARTMENT AND IS
APPROVED BY THE GOVERNOR OF SUCH STATE AND THE SECRETARY AS BEING IN THE
PUBLIC INTEREST. FUNDS APPORTIONED IN ACCORDANCE WITH PARAGRAPH (6) OF
SUBSECTION (B) OF THIS SECTION SHALL NOT BE TRANSFERRED FROM THEIR
ALLOCATION TO ANY URBANIZED AREA OF 200,000 POPULATION OR MORE UNDER
SECTION 150 OF THIS TITLE, WITHOUT THE APPROVAL OF THE LOCAL OFFICIALS
OF SUCH URBANIZED AREA. //87 STAT. 257// THE TOTAL OF SUCH TRANSFERS
SHALL NOT INCREASE THE ORIGINAL APPORTIONMENT UNDER EITHER OF SUCH
PARAGRAPHS BY MORE THAN 40 PER CENTUM."
(7) THE LAST SENTENCE OF SUBSECTION (C) IS HEREBY REPEALED. //72
STAT. 891. 23 USC 104.//
(B) NOTWITHSTANDING THE AMENDMENTS MADE BY SUBSECTION (A) OF THIS
SECTION, NO STATE (OTHER THAN THE DISTRICT OF COLUMBIA) SHALL RECEIVE AN
APPORTIONMENT FOR THE PRIMARY SYSTEM WHICH IS LESS THAN THE
APPORTIONMENT WHICH SUCH STATE RECEIVED FOR SUCH SYSTEM FOR THE FISCAL
YEAR ENDING JUNE 30, 1973. IN ORDER TO CARRY OUT THIS SUBSECTION, THERE
IS AUTHORIZED TO BE APPROPRIATED OUT OF THE HIGHWAY TRUST FUND FOR THE
FEDERAL-AID PRIMARY SYSTEM, AND ADDITIONAL $17,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, AND $15,000,000 PER FISCAL YEAR FOR THE
FISCAL YEARS ENDING JUNE 30, 1975, AND JUNE 30, 1976.
SEC. 112. SUBSECTION (F) OF SECTION 104 OF TITLE 23, //84 STAT.
1717.// UNITED STATES CODE, IS AMENDED TO READ AS FOLLOWS:
"(F)(1) ON OR BEFORE JANUARY 1 NEXT PRECEDING THE COMMENCEMENT OF
EACH FISCAL YEAR, THE SECRETARY, AFTER MAKING THE DEDUCTION AUTHORIZED
BY SUBSECTION (A) OF THIS SECTION, SHALL SET ASIDE NOT TO EXCEED
ONE-HALF PER CENTUM OF THE REMAINING FUNDS AUTHORIZED TO BE APPROPRIATED
FOR EXPENDITURE UPON THE FEDERAL-AID SYSTEMS, FOR THE PURPOSE OF
CARRYING OUT THE REQUIREMENTS OF SECTION 134 OF THIS TITLE. //76 STAT.
1148; 84 STAT. 1737. 23 USC 134.//
"(2) THESE FUNDS SHALL BE APPORTIONED TO THE STATES IN THE RATIO
WHICH THE POPULATION IN URBANIZED AREAS OR PARTS THEREOF, IN EACH STATE
BEARS TO THE TOTAL POPULATION IN SUCH URBANIZED AREAS IN ALL THE STATES
AS SHOWN BY THE LATEST AVAILABLE CENSUS, EXCEPT THAT NO STATE SHALL
RECEIVE LESS THAN ONE-HALF PER CENTUM OF THE AMOUNT APPORTIONED.
"(3) THE FUNDS APPORTIONED TO ANY STATE UNDER PARAGRAPH (2) OF THIS
SUBSECTION SHALL BE MADE AVAILABLE BY THE STATE TO THE METROPOLITAN
PLANNING ORGANIZATIONS DESIGNATED BY THE STATE AS BEING RESPONSIBLE FOR
CARRYING OUT THE PROVISIONS OF SECTION 134 OF THIS TITLE. THESE FUNDS
SHALL BE MATCHED IN ACCORDANCE WITH SECTION 120 OF THIS TITLE UNLESS THE
SECRETARY DETERMINES THAT THE INTERESTS OF THE FEDERAL-AID HIGHWAY
PROGRAM WOULD BE BEST SERVED WITHOUT SUCH MATCHING. //72 STAT. 898. 23
USC 120.//
"(4) THE DISTRIBUTION WITHIN ANY STATE OF THE PLANNING FUNDS MADE
AVAILABLE TO AGENCIES UNDER PARAGRAPH (3) OF THIS SUBSECTION SHALL BE IN
ACCORDANCE WITH A FORMULA DEVELOPED BY EACH STATE AND APPROVED BY THE
SECRETARY WHICH SHALL CONSIDER BUT NOT NECESSARILY BE LIMITED TO,
POPULATION, STATUS OF PLANNING, AND METROPOLITAN AREA TRANSPORTATION
NEEDS."
SEC. 113. (A) THE LAST SENTENCE OF SUBSECTION (A) OF SECTION 108 OF
TITLE 23, //73 STAT. 62.// UNITED STATES CODE, IS AMENDED BY STRIKING
OUT "SEVEN YEARS" AND INSERTING IN LIEU THEREOF "TEN YEARS."
(B) THE FIRST SENTENCE OF PARAGRAPH (3) OF SUBSECTION (C) OF SECTION
108 OF TITLE 23, //82 STAT. 818.// UNITED STATES CODE, IS AMENDED BY
STRIKING OUT "SEVEN YEARS" AND INSERTING IN LIEU THEREOF "TEN YEARS."
SEC. 114. SUBSECTION (I) OF SECTION 109 OF TITLE 23, UNITED STATES
CODE, //84 STAT. 1735.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: "THE SECRETARY, AFTER CONSULTATION WITH THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY AND APPROPRIATE FEDERAL, STATE, AND
LOCAL OFFICIALS, MAY PROMULGATE STANDARDS FOR THE CONTROL OF HIGHWAY
NOISE LEVELS FOR HIGHWAYS ON ANY FEDERAL-AID SYSTEM FOR WHICH PROJECT
APPROVAL HAS BEEN SECURED PRIOR TO JULY 1, 1972. THE SECRETARY MAY
APPROVE ANY PROJECT ON A FEDERAL-AID SYSTEM TO WHICH NOISE-LEVEL
STANDARDS ARE MADE APPLICABLE UNDER THE PRECEDING SENTENCE FOR THE
PURPOSE OF CARRYING OUT SUCH STANDARDS. //87 STAT. 258// SUCH PROJECT
MAY INCLUDE, BUT IS NOT LIMITED TO, THE ACQUISITION OF ADDITIONAL
RIGHTS-OF-WAY, T E CONSTRUCTION OF PHYSICAL BARRIERS, AND LANDSCAPING.
SUMS APPORTIONED FOR THE FEDERAL-AID SYSTEM ON WHICH SUCH PROJECT WILL
BE LOCATED SHALL BE AVAILABLE TO FINANCE THE FEDERAL SHARE OF SUCH
PROJECT. SUCH PROJECT SHALL BE DEEMED A HIGHWAY PROJECT FOR ALL
PURPOSES OF THIS TITLE."
SEC. 115. THE LAST SENTENCE OF SUBSECTION (A) OF SECTION 114 OF
TITLE 23, //74 STAT. 525.// UNITED STATES CODE, IS AMENDED TO READ AS
FOLLOWS: "AFTER JULY 1, 1973, THE STATE HIGHWAY DEPARTMENT SHALL NOT
ERECT ON ANY PROJECT WHERE ACTUAL CONSTRUCTION IS IN PROGRESS AND
VISIBLE TO HIGHWAY USERS ANY INFORMATIONAL SIGNS OTHER THAN OFFICIAL
TRAFFIC CONTROL DEVICES CONFORMING WITH STANDARDS DEVELOPED BY THE
SECRETARY OF TRANSPORTATION."
SEC. 116. (A) SECTION 117 OF TITLE 23 OF THE UNITED STATES CODE IS
AMENDED TO READ AS FOLLOWS: //72 STAT. 897.//
" ^ 117. CERTIFICATION ACCEPTANCE
"(A) THE SECRETARY MAY DISCHARGE ANY OF HIS RESPONSIBILITIES UNDER
THIS TITLE RELATIVE TO PROJECTS ON FEDERAL-AID SYSTEMS, EXCEPT THE
INTERSTATE SYSTEM, UPON THE REQUEST OF ANY STATE, BY ACCEPTING A
CERTIFICATIO BY THE STATE HIGHWAY DEPARTMENT, OR THAT DEPARTMENT,
COMMISSION, BOARD, OR OFFICIAL OF ANY STATE CHARGED BY ITS LAWS WITH THE
RESPONSIBILITY FOR HIGHWAY CONSTRUCTION, OF ITS PERFORMANCE OF SUCH
RESPONSIBILITIES, IF HE FINDS SUCH PROJECTS WILL BE CARRIED OUT IN
ACCORDANCE WITH STATE LAWS, REGULATIONS, DIRECTIVES, AND STANDARDS
ESTABLISHING REQUIREMENTS AT LEAST EQUIVALENT TO THOSE CONTAINED IN, OR
ISSUED PURSUANT TO, THIS TITLE.
"(B) THE SECRETARY SHALL MAKE A FINAL INSPECTION OF EACH SUCH PROJECT
UPON ITS COMPLETION AND SHALL REQUIRE AN ADEQUATE REPORT OF THE
ESTIMATED, AND ACTUAL, COST OF CONSTRUCTION AS WELL AS SUCH OTHER
INFORMATION AS HE DETERMINES NECESSARY.
"(C) THE PROCEDURE AUTHORIZED BY THIS SECTION SHALL BE AN ALTERNATIVE
TO THAT OTHERWISE PRESCRIBED IN THIS TITLE. THE SECRETARY SHALL
PROMULGATE SUCH GUIDELINES AND REGULATIONS AS MAY BE NECESSARY TO CARRY
OUT THIS SECTION.
"(D) ACCEPTANCE BY THE SECRETARY OF A STATE'S CERTIFICATION UNDER
THIS SECTION MAY BE RESCINDED BY THE SECRETARY AT ANY TIME IF, IN HIS
OPINION, IT IS NECESSARY TO DO.
"(E) NOTHING IN THIS SECTION SHALL AFFECT OR DISCHARGE ANY
RESPONSIBILITY OR OBLIGATION OF THE SECRETARY UNDER ANY FEDERAL LAW,
INCLUDING THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (42 U.S.C.
4321, ET SEQ.), //83 STAT. 852. 82 STAT. 824.// SECTION 4(F) OF THE
DEPARTMENT OF TRANSPORTATION ACT (49 U.S.C. 1653(F)), //78 STAT. 252.
42 USC 2000D.// TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C.
2000 (D), ET SEQ.), //82 STAT. 81.// TITLE VIII OF THE ACT OF APRIL 11,
1968 (PUBLIC LAW 90 - 284, 42 USC. 3601 ET SEQ.), AND THE UNIFORM
RELOCATION ASSISTANCE AND LAND ACQUISITION POLICIES ACT OF 1970 (42 U.
S.C. 4601, ET SEQ.), //84 STAT. 1894.// OTHER THAN THIS TITLE."
(B) THE ANALYSIS OF CHAPTER 1, OF TITLE 23, UNITED STATES CODE, IS
AMENDED BY STRIKING OUT "117. SECONDARY ROAD RESPONSIBILITIES." AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "117. CERTIFICATION
ACCEPTANCE."
SEC. 117. SECTION 121(A) OF TITLE 23 OF THE UNITED STATES CODE //87
STAT. 259// //72 STAT. 899.// IS AMENDED BY INSERTING AFTER THE PERIOD
AT THE END THEREOF THE FOLLOWING: "SUCH PAYMENTS MAY ALSO BE MADE IN
THE CASE OF ANY SUCH MATERIALS NOT IN THE VICINTY OF SUCH CONSTRUCTION
IF THE SECRETARY DETERMINES THAT BECAUSE OF REQUIRED FABRICATION AT AN
OFF-SITE LOCATION THE MATERIALS CANNOT BE STOCKPILED IN SUCH VICINITY."
SEC. 118. (A) AFTER THE SECOND SENTENCE OF SECTION 129(H) OF TITLE
23, UNITED STATES CODE, //72 STAT. 902; 82 STAT. 829.// INSERT THE
FOLLOWING: "WHEN ANY SUCH TOLL ROAD WHICH THE SECRETARY HAS APPROVED AS
A PART OF THE INTERSTATE SYSTEM IS MADE A TOLL-FREE FACILITY,
FEDERAL-AID HIGHWAY FUNDS APPORTIONED UNDER SECTION 104(B)(5) //ANTE, P.
254.// OF THIS TITLE MAY BE EXPENDED FOR THE CONSTRUCTION,
RECONSTRUCTION, OR IMPROVEMENT OF THAT ROAD TO MEET THE STANDARDS
ADOPTED FOR THE IMPROVEMENT OF PROJECTS LOCATED ON THE INTERSTATE
SYSTEM."
(B) THE FIRST SENTENCE OF SUBSECTION (E) OF SECTION 129, TITLE 23,
UNITED STATES CODE, //84 STAT. 1732.// IS AMENDED BY STRIKING OUT "ON
THE DATE OF ENACTMENT OF THIS SUBSECTION". THE THIRD SENTENCE OF
SUBSECTION (E) OF SECTION 129 OF TITLE 23, UNITED STATES CODE, IS
AMENDED BY STRIKING OUT "1968" AND INSERTING IN LIEU THEREOF "1973".
SEC. 119. SUBSECTION (C) OF SECTION 135 OF TITLE 23, UNITED STATES
CODE, //82 STAT. 820.// IS HEREBY REPEALED AND EXISTING SUBSECTION (D)
IS RELETTERED AS SUBSECTION (C), INCLUDING ANY REFERENCES THERETO.
SEC. 120. SUBSECTION (B) OF SECTION 140 OF TITLE 23, UNITED STATES
CODE, //84 STAT. 1719.// IS AMENDED BY STRIKING OUT IN THE SECOND
SENTENCE, "AND 1973," AND INSERTING IN LIEU THEREOF ",1973, 1974, 1975,
AND 1976," AND BY STRIKING OUT "$5,000,000 PER FISCAL YEAR" AND
INSERTING IN LIEU THEREOF "$5,000,000 PER FISCAL YEAR FOR THE FISCAL
YEARS 1972 AND 1973, AND $10,000,000 PER FISCAL YEAR FOR THE FISCAL
YEARS 1974, 1975, AND 1976,".
SEC. 121. (A) SECTION 142 OF TITLE 23, UNITED STATES CODE, //84 STAT.
1719.// IS AMENDED TO READ AS FOLLOWS:
" ^ 142. PUBLIC TRANSPORTATION
"(A)(1) TO ENCOURAGE THE DEVELOPMENT, IMPROVEMENT, AND USE OF PUBLIC
MASS TRANSPORTATION SYSTEMS OPERATING MOTOR VEHICLES (OTHER THAN ON
RAIL) ON FEDERAL-AID HIGHWAYS FOR THE TRANSPORTATION OF PASSENGERS
(HEREAFTER IN THIS SECTION REFERRED TO AS 'BUSES)' SO AS TO INCREASE THE
TRAFFIC CAPACITY OF THE FEDERAL-AID SYSTEMS FOR THE MOVEMENT OF PERSONS,
THE SECRETARY MAY APPROVE AS A PROJECT ON ANY FEDERAL-AID SYSTEM THE
CONSTRUCTION OF EXCLUSIVE OR PREFERENTIAL BUS LANES, HIGHWAY TRAFFIC
CONTROL DEVICES, BUS PASSENGER LOADING AREAS AND FACILITIES (INCLUDING
SHELTERS), AND FRINGE AND TRANSPORTATION CORRIDOR PARKING FACILITIES TO
SERVE BUS AND OTHER PUBLIC MASS TRANSPORTATION PASSENGERS, AND SUMS
APPORTIONED UNDER SECTION 104(B) //72 STAT. 889.// OF THIS TITLE SHALL
BE AVAILABLE TO FINANCE THE COST OF PROJECTS UNDER THIS PARAGRAPH.
"(2) IN ADDITION TO THE PROJECTS UNDER PARAGRAPH (1), THE SECRETARY
MAY, BEGINNING WITH THE FISCAL YEAR ENDING JUNE 30, 1975, APPROVE AS A
PROJECT ON THE FEDERAL-AID URBAN SYSTEM, FOR PAYMENT FROM SUMS
APPORTIONED UNDER SECTION 104(B)(6) OF THIS TITLE, //87 STAT. 260// //84
STAT. 1717. 23 USC 104.// THE PURCHASE OF BUSES, AND, BEGINNING WITH THE
FISCAL YEAR ENDING JUNE 30, 1976, APPROVE AS A PROJECT ON THE
FEDERAL-AID URBAN SYSTEM, FOR PAYMENT FROM SUMS APPORTIONED UNDER
SECTION 104(B)(6) OF THIS TITLE, THE CONSTRUCTION, RECONSTRUCTION, AND
IMPROVEMENT OF FIXED RAIL FACILITIES, INCLUDING THE PURCHASE OF ROLLING
STOCK FOR FIXED RAIL, EXCEPT THAT NOT MORE THAN $200,000,000 OF ALL SUMS
APPORTIONED FOR THE FISCAL YEAR ENDING JUNE 30, 1975, UNDER SECTION
104(B)(6) SHALL BE AVAILABLE FOR THE PAYMENT OF THE FEDERAL SHARE OF
PROJECTS FOR THE PURCHASE OF BUSES.
"(B) SUMS APPORTIONED IN ACCORDANCE WITH PARAGRAPH (5) OF SUBSECTION
(B) OF SECTION 104 //ANTE, P. 254.// OF THIS TITLE SHALL BE AVAILABLE TO
FINANCE THE FEDERAL SHARE OF PROJECTS FOR EXCLUSIVE OR PREFERENTIAL BUS,
TRUCK, AND EMERGENCY VEHICLE ROUTES OR LANES. ROUTES CONSTRUCTED UNDER
THIS SUBSECTION SHALL NOT BE SUBJECT TO THE THIRD SENTENCE OF SECTION
109(B) OF THIS TITLE. //77 STAT. 277. 23 USC 109.//
"(C) WHENEVER RESPONSIBLE LOCAL OFFICIALS OF AN URBANIZED AREA NOTIFY
THE STATE HIGHWAY DEPARTMENT THAT, IN LIEU OF A HIGHWAY PROJECT THE
FEDERAL SHARE OF WHICH IS TO BE PAID FROM FUNDS APPORTIONED UNDER
SECTION 104(B)(6) OF THIS TITLE FOR THE FISCAL YEARS ENDING JUNE 30,
1974, AND JUNE 30, 1975, THEIR NEEDS REQUIRE A NONHIGHWAY PUBLIC MASS
TRANSIT PROJECT INVOLVING THE CONSTRUCTION OF A FIXED RAIL FACILITIES,
OR THE PURCHASE OF PASSENGER EQUIPMENT, INCLUDING ROLLING STOCK FOR ANY
MODE OF MASS TRANSIT, OR BOTH, AND THE STATE HIGHWAY DEPARTMENT
DETERMINES THAT SUCH PUBLIC MASS TRANSIT PROJECT IS IN ACCORDANCE WITH
THE PLANNING PROCESS UNDER SECTION 134 OF THIS TITLE AND IS ENTITLED TO
PRIORITY UNDER SUCH PLANNING PROCESS, //76 STAT. 1148; 84 STAT. 1737,
1738.// SUCH PUBLIS MASS TRANSIT PROJECT SHALL BE SUBMITTED FOR APPROVAL
TO THE SECRETARY. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ESTIMATES
FOR SUCH PROJECT BY THE SECRETARY SHALL BE DEEMED A CONTRACTUAL
OBLIGATION OF THE UNITED STATES FOR PAYMENT OUT OF THE GENERAL FUNDS OF
ITS PROPORTIONAL SHARE OF THE COST OF SUCH PROJECT IN AN AMOUNT EQUAL TO
THE FEDERAL SHARE WHICH WOULD HAVE BEEN PAID IF SUCH PROJECT WERE A
HIGHWAY PROJECT UNDER SECTION 120(A) OF THIS TITLE. //82 STAT. 835; 84
STAT. 1718. 23 USC 120.// FUNDS PREVIOUSLY APPORTIONED TO SUCH STATE
UNDER SECTION 104(B)(6) OF THIS TITLE SHALL BE REDUCED BY AN AMOUNT
EQUAL TO SUCH FEDERAL SHARE.
"(D) THE ESTABLISHMENT OF ROUTES AND SCHEDULES OF SUCH PUBLIC MASS
TRANSPORTATION SYSTEMS IN URBANIZED AREAS SHALL BE BASED UPON A
CONTINUING COMPREHENSIVE TRANSPORTATION PLANNING PROCESS CARRIED ON IN
ACCORDANCE WITH SECTION 134 OF THIS TITLE.
"(E)(1) FOR ALL PURPOSES OF THIS TITLE, A PROJECT AUTHORIZED BY
SUBSECTION (A)(1) OF THIS SECTION SHALL BE DEEMED TO BE A HIGHWAY
PROJECT. //ANTE, P. 259.//
"(2) NOTWITHSTANDING SECTION 209(F)(1) OF THE HIGHWAY REVENUE ACT OF
1956, //70 STAT. 397. 23 USC 120 NOTE.// THE HIGHWAY TRUST FUND SHALL BE
AVAILABLE FOR MAKING EXPENDITURES TO MEET OBLIGATIONS RESULTING FROM
PROJECTS AUTHORIZED BY SUBSECTION (A)(2) OF THIS SECTION AND SUCH
PROJECTS SHALL BE SUBJECT TO, AND GOVERNED IN ACCORDANCE WITH, ALL
PROVISIONS OF THIS TITLE APPLICABLE TO PROJECTS ON THE FEDERAL-AID URBAN
SYSTEM, EXCEPT TO THE EXTENT DETERMINED INCONSISTENT BY THE SECRETARY.
"(3) THE FEDERAL SHARE PAYABLE ON ACCOUNT OF PROJECTS AUTHORIZED BY
SUBSECTION (A) OF THIS SECTION SHALL BE THAT PROVIDED IN SECTION 120 OF
THIS SECTION.
"(F) NO PROJECT AUTHORIZED BY THIS SECTION SHALL BE APPROVED UNLESS
THE SECRETARY OF TRANSPORTATION HAS RECEIVED ASSURANCES SATISFACTORY TO
HIM FROM THE STATE THAT PUBLIC MASS TRANSPORTATION SYSTEMS WILL FULLY
UTILIZE THE PROPOSED PROJECT.
"(G) IN ANY CASE WHERE SUFFICIENT LAND EXISTS WITHIN THE PUBLICLY
ACQUIRED RIGHTS-OF-WAY OF ANY FEDERAL-AID HIGHWAY TO ACCOMMODATE NEEDED
RAIL OR NONHIGHWAY PUBLIC MASS TRANSIT FACILITIES AND WHERE THIS CAN BE
ACCOMPLISHED WITHOUT IMPAIRING AUTOMOTIVE SAFETY OR FUTURE HIGHWAY
IMPROVEMENTS, THE ADMINISTRATOR MAY AUTHORIZE A STATE TO MAKE SUCH LANDS
AND RIGHTS-OF-WAY AVAILABLE WITHOUT CHARGE TO A PUBLICLY OWNED MASS
TRANSIT AUTHORITY FOR SUCH PURPOSES WHEREVER HE MAY DEEM THAT THE PUBLIC
INTEREST WILL BE SERVED THEREBY. //87 STAT. 261//
"(H) THE PROVISION OF ASSISTANCE UNDER SUBSECTION (A)(2) OR
SUBSECTION (C) //ANTE, P. 259.// OF THIS SECTION SHALL NOT BE CONSTRUED
AS BRINGING WITHIN THE APPLICATION OF CHAPTER 15 OF TITLE 5, UNITED
STATES CODE, //80 STAT. 403. 5 USC 1501.// ANY NON-SUPERVISORY EMPLOYEE
OF AN URBAN MASS TRANSPORTATION SYSTEM (OR OF ANY OTHER AGENCY OR ENTITY
PERFORMING RELATED FUNCTIONS) TO WHOM SUCH CHAPTER IS OTHERWISE
INAPPLICABLE.
"(I) FUNDS AVAILABLE FOR EXPENDITURE TO CARRY OUT THE PURPOSES OF
SUBSECTION (A)(2) AND SUBSECTION (C) OF THIS SECTION SHALL BE
SUPPLEMENTARY TO AND NOT IN SUBSTITUTION FOR FUNDS AUTHORIZED AVAILABLE
FOR OBLIGATION PURSUANT TO THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED. //78 STAT. 302, 49 USC 1601 NOTE.//
"(J) THE PROVISIONS OF SECTION 3(E)(4) OF THE URBAN MASS
TRANSPORTATION ACT OF 1964, AS AMENDED, SHALL APPLY IN CARRYING OUT
SUBSECTION (A)(2) AND SUBSECTION (C) OF THIS SECTION. //48 USC 1602.//
"(K) THE SECRETARY SHALL NOT APPROVE ANY PROJECT UNDER SUBSECTION
(A)(2) OF THIS SECTION IN ANY FISCAL YEAR WHEN THERE HAS BEEN ENACTED AN
URBAN TRANSPORTATION TRUST FUND OR SIMILAR ASSURED FUNDING FOR BOTH
HIGHWAY AND PUBLIC TRANSPORTATION."
(B) THE ANALYSIS OF CHAPTER 1 OF TITLE 23, UNITED STATES CODE, IS
AMENDED BY STRIKING OUT "142. URBAN HIGHWAY PUBLIC TRANSPORTATION." AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "142. PUBLIC TRANSPORTATION."
SEC. 122. (A) SECTION 143 OF TITLE 23, UNITED STATES CODE, //84 STAT.
1729.// IS AMENDED BY STRIKING OUT "DEMONSTRATION PROJECTS" EACH PLACE
IT APPEARS AND INSERTING IN LIEU THEREOF "PROJECTS", AND BY STRIKING OUT
"DEMONSTRATION PROJECT" EACH PLACE IT APPEARS AND INSERTING IN LIEU
THEREOF IN EACH SUCH PLACE "PROJECT", BY STRIKING OUT "THE FEDERAL-AID
PRIMARY SYSTEM" IN EACH PLACE IT APPEARS AND INSERTING IN LIEU THEREOF
IN EACH SUCH PLACE "A FEDERAL-AID SYSTEM (OTHER THAN THE INTERSTATE
SYSTEM)", AND IN SUBSECTION (D) BY STRIKING OUT "FEDERAL-AID PRIMARY
HIGHWAYS" AND INSERTING IN LIEU THEREOF "HIGHWAYS ON THE FEDERAL-AID
SYSTEM ON WHICH SUCH DEVELOPMENT HIGHWAY IS LOCATED".
(B) SECTION 143(E) OF TITLE 23, UNITED STATES CODE, IS AMENDED TO
READ AS FOLLOWS:
"(E) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (C) OF THIS SECTION,
THE FEDERAL SHARE OF THE COST OF ANY PROJECT FOR CONSTRUCTION,
RECONSTRUCTION, OR IMPROVEMENT OF A DEVELOPMENT HIGHWAY UNDER THIS
SECTION SHALL BE THE SAME AS THAT PROVIDED UNDER THIS TITLE FOR ANY
OTHER PROJECT ON THE FEDERAL-AID SYSTEM ON WHICH SUCH DEVELOPMENT
HIGHWAY IS LOCATED."
(C) SECTION 143(A) OF TITLE 23, UNITED STATES CODE, IS AMENDED BY
STRIKING OUT "TO DEMONSTRATE THE ROLE THAT HIGHWAYS CAN PLAY".
SEC. 123. (A) CHAPTER 1 OF TITLE 23, UNITED STATES CODE, //72 STAT.
885; 84 STAT. 1741. 23 USC 101.// IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SECTION:
" ^ 145. FEDERAL-SHARE RELATIONSHIP
"THE AUTHORIZATION OF THE APPROPRIATION OF FEDERAL FUNDS OR THEIR
AVAILABILITY FOR EXPENDITURE UNDER THIS CHAPTER SHALL IN NO WAY INFRINGE
ON THE SOVEREIGN RIGHTS OF THE STATES TO DETERMINE WHICH PROJECTS SHALL
BE FEDERALLY FINANCED. //87 STAT. 262// THE PROVISIONS OF THIS CHAPTER
PROVIDE FOR A FEDERALLY ASSISTED STATE PROGRAM."
(B) THE ANALYSIS OF CHAPTER 1 OF TITLE 23, UNITED STATES CODE, IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "145.
FEDERAL-STATE RELATIONSHIP."
SEC. 124. (A) CHAPTER 2 OF TITLE 23, UNITED STATES CODE, //72 STAT.
906; 84 STAT. 1721. 23 USC 201.// IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SECTION:
" ^ 217. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS
"(A) TO ENCOURAGE THE MULTIPLE USE OF HIGHWAY RIGHTS-OF-WAY,
INCLUDING THE DEVELOPMENT, IMPROVEMENT, AND USE OF BICYCLE
TRANSPORTATION AND THE DEVELOPMENT AND IMPROVEMENT OF PEDESTRIAN
WALKWAYS ON OR IN CONJUNCTION WITH HIGHWAY RIGHTS-OF-WAY, THE STATES
MAY, ON FEDERAL-AID HIGHWAY PROJECTS, INCLUDE TO THE EXTENT PRACTICABLE,
SUITABLE, AND FEASIBLE, THE CONSTRUCTION OF SEPARATE OR PREFERENTIAL
BICYCLE LANES OR PATHS, BICYCLE TRAFFIC CONTROL DEVICES, SHELTERS AND
PARKING FACILITIES TO SERVE BICYCLES AND PERSONS USING BICYCLES, AND
PEDESTRIAN WALKWAYS IN CONJUNCTION OR CONNECTION WITH FEDERAL-AID
HIGHWAYS. SUMS APPORTIONED IN ACCORDANCE WITH PARAGRAPHS (1), (2), (3),
AND (6) OF SECTION 104(B) //ANTE, P. 256; 77 STAT. 276.// OF THIS
TITLE SHALL BE AVAILABLE FOR BICYCLE PROJECTS AND PEDESTRIAN WALKWAYS
AUTHORIZED UNDER THIS SECTION AND SUCH PROJECTS SHALL BE LOCATED AND
DESIGNED PURSUANT TO AN OVERALL PLAN WHICH WILL PROVIDE DUE
CONSIDERATION FOR SAFETY AND CONTIGUOUS ROUTES.
"(B) FOR ALL PURPOSES OF THIS TITLE, A BICYCLE OR PEDESTRIAN WALKWAY
PROJECT AUTHORIZED BY SUBSECTION (A) OF THIS SECTION SHALL BE DEEMED TO
BE A HIGHWAY PROJECT, AND THE FEDERAL SHARE PAYABLE ON ACCOUNT OF SUCH
BICYCLE PROJECT OR PEDESTRIAN WALKWAY SHALL BE THAT PROVIDED IN SECTION
120 OF THIS TITLE. //72 STAT. 898. 23 USC 120.//
"(C) FUNDS AUTHORIZED FOR FOREST HIGHWAYS, FOREST DEVELOPMENT ROADS
AND TRAILS, PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS, PARK ROADS AND
TRAILS, PARKWAYS, INDIAN RESERVATION ROADS, AND PUBLIC LANDS HIGHWAYS
SHALL BE AVAILABLE, AT THE DISCRETION OF THE DEPARTMENT CHARGED WITH THE
ADMINISTRATION OF SUCH FUNDS, FOR THE CONSTRUCTION OF BICYCLE AND
PEDESTRIAN ROUTES IN CONJUNCTION WITH SUCH TRAILS, ROADS, HIGHWAYS, AND
PARKWAYS.
"(D) NO MOTORIZED VEHICLES SHALL BE PERMITTED ON TRAILS AND WALKWAYS
AUTHORIZED UNDER THIS SECTION EXCEPT FOR MAINTENANCE PURPOSES AND, WHEN
SNOW CONDITIONS AND STATE OR LOCAL REGULATIONS PERMIT, SNOWMOBILES.
"(E) NOT MORE THAN $40,000,000 OF FUNDS AUTHORIZED TO BE APPROPRIATED
IN ANY FISCAL YEAR MAY BE OBLIGATED FOR PROJECTS AUTHORIZED BY
SUBSECTIONS (A) AND (C) OF THIS SECTION, AND NO STATE SHALL OBLIGATE
MORE THAN $2,000,000 FOR SUCH PROJECTS IN ANY FISCAL YEAR."
(B) THE ANALYSIS OF CHAPTER 2, TITLE 23, UNITED STATES CODE, IS
AMENDED BY INSERTING AT THE END THEROF THE FOLLOWING: "217. BICYCLE
TRANSPORTATION AND PEDESTRIAN WALKWAYS."
SEC. 125. (A) CHAPTER 1 OF TITLE 23 OF THE UNITED STATES CODE IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION: //
ANTE, P. 261.//
" ^ 146. SPECIAL URBAN HIGH DENSITY TRAFFIC PROGRAM
"(A) THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED OUT OF THE HIGHWAY
TRUST FUND $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974,
$50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND $50,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1976, //87 STAT. 263// FOR THE
CONSTRUCTION OF HIGHWAYS CONNECTED TO THE INTERSTATE SYSTEM IN PORTIONS
OF URBANIZED AREAS WITH HIGH TRAFFIC DENSITY. THE SECRETARY SHALL
DEVELOP GUIDELINES AND STANDARDS FOR THE DESIGNATION OF ROUTES AND THE
ALLOCATION OF FUNDS FOR THIS PURPOSE WHICH INCLUDE THE FOLLOWING
CRITERIA:
"(1) ROUTES DESIGNATED BY THE SECRETARY SHALL NOT BE LONGER
THAN TEN MILES.
"(2) ROUTES DESIGNATED SHALL SERVE AREAS OF CONCENTRATED
POPULATION AND HEAVY TRAFFIC CONGESTION.
"(3) ROUTES DESIGNATED SHALL SERVE THE URGENT NEEDS OF
COMMERCIAL, INDUSTRIAL, AIRPORT, OR NATIONAL DEFENSE
INSTALLATIONS.
"(4) ANY ROUTES SHALL CONNECT WITH EXISTING ROUTES ON THE
INTERSTATE SYSTEM.
"(5) ROUTES DESIGNATED UNDER THIS SECTION SHALL HAVE BEEN
APPROVED THROUGH THE PLANNING PROCESS REQUIRED UNDER SECTION 134
OF THIS TITLE AND DETERMINED TO BE ESSENTIAL BY RESPONSIBLE LOCAL
OFFICIALS. //76 STAT. 1148; 84 STAT. 1737, 23 USC 134.//
"(6) A ROUTE SHALL BE DESIGNATED UNDER THIS SECTION ONLY WHERE
THE SECRETARY DETERMINES THAT NO FEASIBLE OR PRACTICABLE
ALTERNATIVE MODE OF TRANSPORTATION WHICH COULD MEET THE NEEDS OF
THE AREA TO BE SERVED IS NOW AVAILABLE OR COULD BECOME AVAILABLE
IN THE FORESEEABLE FUTURE.
"(7) THE DESIGNATION OF ROUTES UNDER THIS SECTION SHALL COMPLY
WITH SECTION 138 OF THIS TITLE, //82 STAT. 823. 23 USC 138.// AND
NO ROUTE SHALL BE DESIGNATED WHICH SUBSTANTIALLY DAMAGES OR
INFRINGES UPON ANY RESIDENTIAL AREA.
"(8) ROUTES SHALL BE DESIGNATED BY THE SECRETARY ON THE
RECOMMENDATION OF THE STATE AND RESPONSIBLE LOCAL OFFICIALS.
"(9) NO MORE THAN ONE ROUTE IN ANY ONE STATE SHALL BE
DESIGNATED BY THE SECRETARY.
"(10) ANY ROUTE DESIGNATED BY THE SECRETARY UNDER THIS SECTION
MUST BE ON A FEDERAL-AID SYSTEM.
"(B) THE FEDERAL SHARE PAYABLE ON ACCOUNT OF ANY PROJECT AUTHORIZED
PURSUANT TO THIS SECTION SHALL NOT EXCEED 90 PER CENTUM OF THE COST OF
CONSTRUCTION OF SUCH PROJECT."
(B) THE TABLE OF CONTENTS OF CHAPTER 1 OF TITLE 23 OF THE UNITED
STATES CODE IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
"146. SPECIAL URBAN HIGH DENSITY TRAFFIC PROGRAM."
SEC. 126. (A) CHAPTER 1 OF TITLE 23 OF THE UNITED STATES CODE IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION: //
ANTE, P. 262.//
" ^ 147. PRIORITY PRIMARY ROUTES
"(A) HIGH TRAFFIC SECTIONS OF HIGHWAYS ON THE FEDERAL-AID PRIMARY
SYSTEM WHICH CONNECT TO THE INTERSTATE SYSTEM SHALL BE SELECTED BY EACH
STATE HIGHWAY DEPARTMENT, IN CONSULTATION WITH APPROPRIATE LOCAL
OFFICIALS, SUBJECT TO APPROVAL BY THE SECRETARY, FOR PRIORITY OF
IMPROVEMENT TO SUPPLEMENT THE SERVICE PROVIDED BY THE INTERSTATE SYSTEM
BY FURNISHING NEEDED ADEQUATE TRAFFIC COLLECTOR AND DISTRIBUTOR
FACILITIES. FOR THE PURPOSE OF THIS SECTION SUCH HIGHWAYS SHALL
HEREAFTER IN THIS SECTION BE REFERRED TO AS "PRIORITY PRIMARY ROUTES'.
"(B) THE FEDERAL SHARE OF ANY PROJECT ON A PRIORITY PRIMARY ROUTE
SHALL BE THAT PROVIDED IN SECTION 120(A) OF THIS TITLE. //82 STAT.
835; 84 STAT. 1718. 23 USC 120.// ALL PROVISIONS OF THIS TITLE
APPLICABLE TO THE FEDERAL-AID PRIMARY SYSTEM SHALL BE APPLICABLE TO
PRIORITY PRIMARY ROUTES SELECTED UNDER THIS SECTION EXCEPT THAT ONE-HALF
OF SUCH FUNDS SHALL BE APPORTIONED AMONG THE STATES IN ACCORDANCE WITH
SECTION 104(B)(1) OF THIS TITLE, //ANTE, P. 256.// AND ONE-HALF SHALL BE
APPORTIONED AMONG THE STATES IN ACCORDANCE WITH SECTION 104(B)(3) OF
THIS TITLE. //87 STAT. 264// //77 STAT. 276. 23 USC 104.// FUNDS
AUTHORIZED TO CARRY OUT THIS SECTION SHALL BE DEEMED TO BE APPORTIONED
ON JANUARY 1 NEXT PRECEDING THE COMMENCEMENT OF THE FISCAL YEAR FOR
WHICH AUTHORIZED.
"(C) THE INITIAL SELECTION OF THE PRIORITY PRIMARY ROUTES AND THE
ESTIMATED COST OF COMPLETING SUCH ROUTES SHALL BE REPORTED TO CONGRESS
ON OR BEFORE JULY 1, 1974.
"(D) THERE IS AUTHORIZED TO BE APPROPRIATED OUT OF THE HIGHWAY TRUST
FUND TO CARRY OUT THIS SECTION NOT TO EXCEED $100,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, $200,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1975, AND $300,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976."
(B) THE TABLE OF CONTENTS OF CHAPTER 1 OF TITLE 23 OF THE UNITED
STATES CODE IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
"147. PRIORITY PRIMARY ROUTES."
SEC. 127. (A)(1) CHAPTER 2 OF TITLE 23 OF THE UNITED STATES CODE IS
AMENDED BY INSERTING AT THE END THEREOF A NEW SECTION AS FOLLOWS:
//ANTE, P. 262.//
" ^ 218. ALASKA HIGHWAY
"(A) RECOGNIZING THE BENEFITS THAT WILL ACCRUE TO THE STATE OF ALASKA
AND TO THE UNITED STATES FROM THE RECONSTRUCTION OF THE ALASKA HIGHWAY
FROM THE ALASKAN BORDER TO HAINES JUNCTION IN CANADA AND THE HAINES
CUTOFF HIGHWAY FROM HAINES JUNCTION IN CANADA TO THE SOUTH ALASKAN
BORDER, THE SECRETARY IS AUTHORIZED OUT OF THE FUNDS APPROPRIATED FOR
THE PURPOSE OF THIS SECTION TO PROVIDE FOR NECESSARY RECONSTRUCTION OF
SUCH HIGHWAY. SUCH APPROPRIATIONS SHALL REMAIN AVAILABLE UNTIL
EXPENDED. NO EXPENDITURES SHALL BE MADE FOR THE CONSTRUCTION OF SUCH
HIGHWAYS UNTIL AN AGREEMENT HAS BEEN REACHED BY THE GOVERNMENT OF CANADA
AND THE GOVERNMENT OF THE UNITED STATES WHICH SHALL PROVIDE, IN PART,
THAT THE CANADIAN GOVERNMENT--
"(1) WILL PROVIDE, WITHOUT PARTICIPATION OF FUNDS AUTHORIZED
UNDER THIS TITLE ALL NECESSARY RIGHT-OF-WAY SHALL FOREVER BE HELD
INVIOLATE AS A PART OF SUCH HIGHWAYS FOR PUBLIC USE;
"(2) WILL NOT IMPOSE ANY HIGHWAY TOLL, OR PERMIT ANY SUCH TOLL
TO BE CHARGED FOR THE USE OF SUCH HIGHWAYS BY VEHICLES OR PERSONS;
"(3) WILL NOT LEVY OR ASSESS, DIRECTLY OR INDIRECTLY, ANY FEE,
TAX, OR OTHER CHARGE FOR THE USE OF SUCH HIGHWAYS BY VEHICLES OR
PERSONS FROM THE UNITED STATES THAT DOES NOT APPLY EQUALLY TO
VEHICLES OR PERSONS OF CANADA;
"(4) WILL CONTINUE TO GRANT RECIPROCAL RECOGNITION OF VEHICLE
REGISTRATION AND DRIVERS' LICENSES IN ACCORDANCE WITH AGREEMENTS
BETWEEN THE UNITED STATES AND CANADA; AND
"(5) WILL MAINTAIN SUCH HIGHWAYS AFTER THEIR COMPLETION IN
PROPER CONDITION ADEQUATELY TO SERVE THE NEEDS OF PRESENT AND
FUTURE TRAFFIC.
"(B) THE SURVEY AND CONSTRUCTION WORK UNDERTAKEN PURSUANT TO THIS
SECTION SHALL BE UNDER THE GENERAL SUPERVISION OF THE SECRETARY."
(2) THE ANALYSIS OF CHAPTER 2 OF TITLE 23 OF THE UNITED STATES CODE
IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "218. ALASKA
HIGHWAY."
(B) FOR THE PURPOSE OF COMPLETING NECESSARY RECONSTRUCTION OF THE
ALASKA HIGHWAY FROM THE ALASKAN BORDER TO HAINES JUNCTION IN CANADA AND
THE HAINES CUTOFF HIGHWAY FROM HAINES JUNCTION IN CANADA TO THE SOUTH
ALASKAN BORDER THERE IS AUTHORIZED TO BE APPROPRIATED THE SUM OF
$58,670,000 TO BE EXPENDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION
218 OF TITLE 23 OF THE UNITED STATES CODE.
SEC. 128.(A) //87 STAT. 265// SECTION 320(D) OF TITLE 23, UNITED
STATES CODE, //73 STAT. 613; 84 STAT. 1724. 23 USC 320.// IS AMENDED BY
STRIKING OUT $16,761,000" AND INSERTING IN LIEU THEREOF "$25,261,000."
(B) ALL SUMS APPROPRIATED UNDER AUTHORITY OF THE INCREASED
AUTHORIZATION OF $8,500,000 ESTABLISHED BY THE AMENDMENT MADE BY
SUBSECTION (A) OF THIS SECTION SHALL BE AVAILABLE FOR EXPENDITURE ONLY
IN CONNECTION WITH THE CONSTRUCTION OF A BRIDGE ACROSS LOCK AND DAM
NUMBERED 13 ON THE ARKANSAS RIVER NEAR FORTH SMITH, ARKANSAS, IN THE
AMOUNT OF $2,100,000 AND IN CONNECTION WITH RECONSTRUCTION OF A BRIDGE
ACROSS THE CHICKAMAUGA DAM ON THE TENNESSEE RIVER NEAR CHATTANOOGA,
TENNESSEE, IN THE AMOUNT OF $6,400,000. NO SUCH SUMS SHALL BE
APPROPRIATED UNTIL ALL APPLICABLE REQUIREMENTS OF SECTION 320 OF TITLE
23 OF THE UNITED STATES CODE HAVE BEEN COMPILED WITH BY THE APPROPRIATE
FEDERAL AGENCY, THE SECRETARY OF TRANSPORTATION, AND THE STATE OR
ARKANSAS FOR THE FORTH SMITH PROJECT, AND THE STATE OF TENNESSEE FOR THE
CHATTANOOGA PROJECT.
SEC. 129. (A) SECTION 14 OF THE FEDERAL-AID HIGHWAY ACT OF 1954, AS
AMENDED (69 STATE. 70; PUBLIC LAW 83 - 350), //78 STAT. 1092.// IS
AMENDED BY STRIKING OUT "$500,000" AND INSERTING IN LIEU THEREOF
"$600,000".
(B) CHAPTER 1 OF TITLE 23 OF THE UNITED STATES CODE IS AMENDED BY
INSERTING AT THE END THEREOF A NEW SECTION AS FOLLOWS: //ANTE, P.
263.//
" ^ 148. DEVELOPMENT OF A NATIONAL SCENIC AND RECREATIONAL HIGHWAY
"(A) AS SOON AS POSSIBLE AFTER THE DATE OF ENACTMENT OF THIS SECTION,
THE SECRETARY SHALL ESTABLISH CRITERIA FOR THE LOCATION AND CONSTRUCTION
OR RECONSTRUCTION OF THE GREAT RIVER ROAD BY THE TEN STATES BORDERING
THE MISSISSIPPI RIVER. SUCH CRITERIA SHALL INCLUDE REQUIREMENTS THAT--
"(1) PRIORITY BE GIVEN IN THE LOCATION OF THE GREAT RIVER ROAD
NEAR OR EASILY ACCESSIBLE TO THE LARGER POPULATION CENTERS OF THE
STATE AND FURTHER PRIORITY BE GIVEN TO THE CONSTRUCTION AND
IMPROVEMENT OF THE GREAT RIVER ROAD IN THE PROXIMITY OF THE
CONFLUENCE OF THE MISSISSIPPI RIVER AND THE WISCONSIN RIVER;
"(2) THE GREAT RIVER ROAD BE CONNECTED WITH OTHER FEDERAL-AID
HIGHWAYS AND PREFERABLY WITH THE INTERSTATE SYSTEM;
"(3) THE GREAT RIVER ROAD BE MARKED WITH UNIFORM IDENTIFYING
SIGNS;
"(4) EFFECTIVE CONTROL, AS DEFINED IN SECTION 131 OF THIS
TITLE, //79 STAT. 1028. 23 USC 131.// OF SIGNS, DISPLAYS, AND
DEVICES WILL BE PROVIDED ALONG THE GREAT RIVER ROAD;
"(5) THE PROVISIONS OF SECTION 129(A) //72 STAT. 902. 23 USC
129.// OF THIS TITLE SHALL NOT APPLY TO ANY BRIDGE OR TUNNEL ON
THE GREAT RIVER AND NO FEES SHALL BE CHARGED FOR THE USE OF ANY
FACILITY CONSTRUCTED WITH ASSISTANCE UNDER THIS SECTION.
"(B) FOR THE PURPOSE OF THIS SECTION, THE TERM 'CONSTRUCTION'
INCLUDES THE ACQUISITION OF AREAS OF HISTORICAL, ARCHEOLOGICAL, OR
SCIENTIFIC INTEREST, NECESSARY EASEMENTS FOR SCENIC PURPOSES, AND THE
CONSTRUCTION OR RECONSTRUCTION OF ROADSIDE REST AREAS (INCLUDING
APPROPRIATE RECREATIONAL FACILITIES), SCENIC VIEWING AREAS, AND OTHER
APPROPRIATE FACILITIES AS DETERMINED BY THE SECRETARY.
"(C) HIGHWAYS CONSTRUCTED OR RECONSTRUCTED PURSUANT TO THIS SECTION
(EXCEPT SUBSECTION (F)) SHALL BE PART OF THE FEDERAL-AID SYSTEM.
"(D) FUNDS APPROPRIATED FOR EACH FISCAL YEAR PURSUANT TO SUBSECTION
(G) SHALL BE APPORTIONED AMONG THE TEN STATES BORDERING THE MISSISSIPPI
RIVER ON THE BASIS OF THEIR RELATIVE NEEDS AS DETERMINED BY THE
SECRETARY FOR PAYMENTS TO CARRY OUT THIS SECTION.
"(E) THE FEDERAL SHARE OF THE COST OF ANY PROJECT FOR ANY
CONSTRUCTION OR RECONSTRUCTION PURSUANT TO THE PRECEDING SUBSECTIONS OF
THIS SECTION SHALL BE THAT PROVIDED IN SECTION 120 OF THIS TITLE FOR THE
FEDERAL-AID SYSTEM ON WHICH SUCH PROJECT IS LOCATED, //87 STAT. 266//
//72 STAT. 898. 23 USC 120.// AND IF SUCH PROJECT IS NOT ON SUCH A
SYSTEM SUCH SHARE SHALL BE 70 PER CENTUM OF SUCH COST.
"(F) THE SECRETARY IS AUTHORIZED TO CONSULT WITH THE HEADS OF OTHER
FEDERAL DEPARTMENTS AND AGENCIES HAVING JURISDICTION OVER FEDERAL LANDS
OPEN TO THE PUBLIC IN ORDER TO ENTER INTO APPROPRIATE ARRANGEMENTS FOR
NECESSARY CONSTRUCTION OR RECONSTRUCTION OF HIGHWAYS ON SUCH LANDS TO
CARRY OUT THIS SECTION. HIGHWAYS CONSTRUCTED OR RECONSTRUCTED BY A
STATE PURSUANT TO THIS SECTION WHICH ARE NOT ON A FEDERAL-AID SYSTEM,
AND HIGHWAYS CONSTRUCTED OR RECONSTRUCED UNDER THIS SUBSECTION, SHALL BE
SUBJECT TO THE CRITERIA APPLICABLE TO HIGHWAYS CONSTRUCTED OR
RECONSTRUCTED PURSUANT TO SUBSECTION (C) OF THIS SECTION. FUNDS
AUTHORIZED PURSUANT TO SUBSECTION (G) SHALL BE USED TO PAY THE ENTIRE
COST OF CONSTRUCTION OR RECONSTRUCTION PURSUANT TO THE FIRST SENTENCE OF
THIS SUBSECTION.
"(G) THERE IS AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THIS
SECTION, OUT OF THE HIGHWAY TRUST FUND, FOR CONSTRUCTION OR
RECONSTRUCTION OF ROADS ON A FEDERAL-AID HIGHWAY SYSTEM, NOT TO EXCEED
$10,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, $25,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1975, AND $25,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976, FOR ALLOCATIONS TO THE STATES PURSUANT TO
THIS SECTION, AND THERE IS AUTHORIZED TO BE APPROPRIATED TO CARRY OUT
THIS SECTION OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE
APPROPRIATED, NOT TO EXCEED $10,000,000 FOR EACH OF THE FISCAL YEARS
ENDING JUNE 30, 1974, JUNE 30, 1975, AND JUNE 30, 1976, FOR CONSTRUCTION
AND RECONSTRUCTION OF ROADS NOT ON A FEDERAL-AID HIGHWAY SYSTEM."
(C) THE TABLE OF CONTENTS OF CHAPTER 1 OF TITLE 23 OF THE UNITED
STATES CODE IS AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING:
"148. DEVELOPMENT OF A NATIONAL SCENIC AND RECREATIONAL HIGHWAY.".
SEC. 130. SUBSECTION (B) OF SECTION 7 OF THE FEDERAL-AID HIGHWAY ACT
OF 1966 //84 STAT. 1735.// IS AMENDED BY STRIKING OUT AT THE END OF THE
LAST SENTENCE "JUNE 30, 1972 AND JUNE 30, 1973." AND SUBSTITUTING "JUNE
30, 1972, JUNE 30, 1973, JUNE 30, 1974, JUNE 30, 1975, AND JUNE 30,
1976."
SEC. 131.(A) THE AMOUNT OF ALL FEDERAL-AID HIGHWAY FUNDS PAID ON
ACCOUNT OF THOSE SECTIONS OF ROUTE 101 IN THE STATE OF NEW HAMPSHIRE
REFERRED TO IN SUBSECTION (C) OF THIS SECTION SHALL, PRIOR TO THE
COLLECTION OF ANY TOLLS THEREON, BE REPAID TO THE TREASURER OF THE
UNITED STATES ON OR BEFORE OCTOBER 1, 1977. THE AMOUNT SO REPAID SHALL
BE DEPOSITED TO THE CREDIT OF THE APPROPRIATION FOR "FEDERAL-AID
HIGHWAYS (TRUST FUND):. AT THE TIME OF SUCH REPAYMENT, THE FEDERAL-AID
PROJECTS WITH RESPECT TO WHICH SUCH FUNDS HAVE BEEN REPAID AND ANY OTHER
FEDERAL-AID PROJECT LOCATED ON SAID SECTIONS OF SUCH SECTIONS OF SUCH
TOLL ROAD AND PROGRAMED FOR EXPENDITURE ON ANY SUCH FUNDS HAVE BEEN
REPAID AND ANY OTHER FEDERAL-AID PROJECT LOCATED ON SAID SECTIONS OF
SUCH TOLL ROAD AND PROGRAMED FOR EXPENDITURE ON ANY SUCH PROJECT, SHALL
BE CREDITED TO THE UNPROGRAMED BALANCE OF FEDERAL-AID HIGHWAYS FUNDS OF
THE SAME CLASS LAST APPORTIONED TO THE STATE OF NEW HAMPSHIRE. THE
AMOUNT SO CREDITED SHALL BE IN ADDITION TO ALL OTHER FUNDS THAN
APPORTIONED TO SAID STATE AND SHALL BE AVAILABLE FOR EXPENDITURE IN
ACCORDANCE WITH THE PROVISIONS OF TITLE 23, UNITED STATES CODE, //72
STAT. 885. 23 USC 101 ET SEQ.// AS AMENDED OR SUPPLEMENTED.
(B) UPON THE REPAYMENT OF FEDERAL-AID HIGHWAY FUNDS AND THE
CANCELLATION AND WITHDRAWAL FROM THE FEDERAL-AID HIGHWAY PROGRAM OF THE
PROJECTS ON SAID SECTIONS OF ROUTE 101 AS PROVIDED IN SUBSECTION (A) OF
THIS SECTION, //87 STAT. 267// SUCH SECTIONS OF SAID ROUTE SHALL BECOME
AND BE FREE OF ANY AND ALL RESTRICTIONS CONTAINED IN TITLE 23, UNITED
STATES CODE, //72 STAT. 885. 23 USC 101// AS AMENDED OR SUPPLEMENTED, OR
IN ANY REGULATION THEREUNDER, WITH RESPECT TO THE IMPOSITION AND
COLLECTION OF TOLLS OR OTHER CHARGES THEREON OR FOR THE USE THEREOF.
(C) THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE FOLLOWING
SECTIONS:
(1) THAT SECTION OF ROUTE 101 FROM ROUTE 125 IN EPPING TO BRENTWOOD
CORNERS, A DISTANCE OF APPROXIMATELY TWO AND THIRTY ONE-HUNDREDTHS
CENTERLINE MILES.
(2) THAT SECTION OF ROUTE 101 IN THE VICINITY OF SELLS CORNER IN
AUBURN, BEGINNING APPROXIMATELY TWO AND FORTY ONE-HUNDREDTHS CENTERLINE
MILES EAST OF THE JUNCTION OF INTERSTATE ROUTE 93 AND RUNNING EASTERLY
APPROXIMATELY TWO MILES.
SEC. 132. SECTION 129, TITLE 23, UNITED STATES CODE, AS AMENDED BY
SECTION 139 OF THIS ACT, IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION:
"(H) NOTWITHSTANDING THE PROVISIONS OF SECTION 301 OF THIS TITLE,
//72 STAT. 912. 23 USC 301.// IN THE CASE OF EACH STATE WHICH, BEFORE
JANUARY 1, 1975, SHALL HAVE CONSTRUCTED OR ACQUIRED ANY INTERSTATE TOLL
BRIDGE (INCLUDING APPROACHES THERETO), WHICH BEFORE JANUARY 1, 1975,
CAUSED SUCH TOLL BRIDGE TO BE MADE FREE, WHICH BRIDGE IS OWNED AND
MAINTAINED BY SUCH STATE OR BY A POLITICAL SUBDIVISION THEREOF, AND
WHICH BRIDGE IS ON THE FEDERAL-AID PRIMARY SYSTEM (OTHER THAN THE
INTERSTATE SYSTEM), SUMS APPORTIONED TO SUCH STATE IN ACCORDANCE WITH
PARAGRAPHS (1) AND (3) OF SUBSECTION (B) OF SECTION 104 OF THIS TITLE
//ANTE, P. 256. 77 STAT. 276.// SHALL BE AVAILABLE TO PAY THE FEDERAL
SHARE OF A PROJECT UNDER THIS SUBSECTION OF (1) SUCH AMOUNT AS THE
SECRETARY DETERMINES TO BE THE REASONABLE VALUE OF SUCH BRIDGE AFTER
DEDUCTING THEREFROM THAT PORTION OF SUCH VALUE ATTRIBUTABLE TO ANY GRANT
OR CONTRIBUTION PREVIOUSLY PAID BY THE UNITED STATES IN CONNECTION WITH
THE CONSTRUCTION OR ACQUISITION OF SUCH BRIDGE, AND EXCLUSIVE OF
RIGHTS-OF-WAY, OR (2) THE AMOUNT BY WHICH THE PRINCIPAL AMOUNT OF THE
OUTSTANDING UNPAID BONDS OR OTHER OBLIGATIONS CREATED AND ISSUED FOR THE
CONSTRUCTION OR ACQUISITION OF SUCH BRIDGE EXCEEDS THE AMOUNT OF ANY
FUNDS ACCUMULATED OR PROVIDED FOR THEIR AMORTIZATION, ON THE DATE SUCH
BRIDGE IS MADE FREE, WHICHEVER IS THE LESSER AMOUNT."
SEC. 133. (A) THE SECRETARY OF TRANSPORTATION IF AUTHORIZED AND
DIRECTED TO UNDERTAKE A FULL AND COMPLETE INVESTIGATION AND STUDY OF
EXISTING FEDERAL STATUTES AND REGULATIONS GOVERNING TOLL BRIDGES OVER
THE NAVIGABLE WATERS OF THE UNITED STATES FOR THE PURPOSE OF DETERMINING
WHAT ACTION CAN AND SHOULD BE TAKEN TO ASSURE JUST AND REASONABLE TOLLS
NATIONWIDE. THE SECRETARY SHALL SUBMIT A REPORT OF THE FINDINGS OF SUCH
STUDY AND INVESTIGATION TO THE CONGRESS NOT LATER THAN JULY 1, 1975,
TOGETHER WITH HIS RECOMMENDATIONS FOR MODIFICATIONS OR ADDITIONS TO
EXISTING LAWS, REGULATIONS AND POLICIES, EXCEPT THAT IN THE CASE OF THE
TOLL BRIDGE AT CHESTER, ILLINOIS, THE SECRETARY SHALL SUBMIT A REPORT TO
THE CONGRESS NOT LATER THAN DECEMBER 31, 1973.
(B) THE SECRETARY OF TRANSPORTATION SHALL PROMULGATE REGULATIONS
ESTABLISHING GUIDELINES GOVERNING ANY INCREASE IN TOLLS FOR USE OF ANY
BRIDGE CONSTRUCTED PURSUANT TO EITHER THE GENERAL BRIDGE ACT OF 1906 OR
THE GENERAL BRIDGE ACT OF 1946. //33 USC 491 NOTE. 33 USC 525 NOTE.//
SEC. 134(A) //87 STAT. 268// THE SECRETARY OF TRANSPORTATION SHALL
MAKE A FULL AND COMPLETE INVESTIGATION AND STUDY TO DETERMINE THE
FEASIBILITY OF ESTABLISHING A NATIONAL SYSTEM OF SCENIC HIGHWAYS TO LINK
TOGETHER AND MAKE MORE ACCESSIBLE TO THE AMERICAN PEOPLE RECREATIONAL,
HISTORICAL, SCIENTIFIC, AND OTHER SIMILIAR AREAS OF SCENIC INTEREST AND
IMPORTANCE. IN THE CONDUCT OF SUCH INVESTIGATION AND STUDY, THE
SECRETARY SHALL COOPERATE AND CONSULT WITH OTHER AGENCIES OF THE FEDERAL
GOVERNMENT, THE COMMISSION ON HIGHWAY BEAUTIFICATION, THE STATES AND
THEIR POLITICAL SUBDIVISIONS, AND OTHER INTERESTED PRIVATE
ORGANIZATIONS, GROUPS, AND INDIVIDUALS. THE SECRETARY SHALL REPORT HIS
FINDINGS AND RECOMMENDATIONS TO THE CONGRESS NOT LATER THAN JULY 1,
1974, INCLUDING AN ESTIMATE OF THE COST OF IMPLEMENTING SUCH A PROGRAM.
THERE IS AUTHORIZED TO BE APPROPRIATED $250,000 FROM THE HIGHWAY TRUST
FUND TO CARRY OUT THIS SUBSECTION.
(B) THE SECRETARY OF TRANSPORTATION SHALL MAKE A FULL AND COMPLETE
INVESTIGATION AND STUDY TO EXAMINE PROBLEMS OF USER ACCESS TO PARKS,
RECREATION AREAS (INCLUDING PUBLIC RECREATION AREA ON FEDERAL LAKES),
HISTORIC SITES AND WILDLIFE REFUGES. SUCH STUDY AND INVESTIGATION SHALL
INCLUDE, BUT NOT BE LIMITED TO, AN ANALYSIS OF THE DESIRABILITY AND
FEASIBILITY OF A NATIONAL SCENIC ROAD AND PARKWAYS SYSTEM REFERRED TO IN
SUBSECTION (A) INCLUDING BENEFITS TO THE USER IF ANY AND THE TOTAL LONG
RANGE ENVIRONMENTAL IMPACT OF SUCH SYSTEM ON THE NATION'S RECREATION
RESOURCES; ALTERNATIVES TO PRIVATE AUTOMOBILE ACCESS TO PARKS AND
RECREATION RESOURCES, INCLUDING MASS TRANSIT; AND SPECIAL PROBLEMS OF
SAFE ACCESS TO URBAN AND METROPOLITAN PARKS AND RECREATION RESOURCES.
IN THE CONDUCT OF SUCH INVESTIGATIONS AND STUDY, THE SECRETARY SHALL
COOPERATE AND CONSULT WITH OTHER AGENCIES OF THE FEDERAL GOVERNMENT, THE
STATES AND THEIR POLITICAL SUBDIVISIONS, AND INTERESTED PRIVATE
ORGANIZATIONS, GROUPS AND INDIVIDUALS. THE SECRETARY SHALL REPORT HIS
FINDINGS AND RECOMMENDATIONS TO THE CONGRESS NOT LATER THAN JANUARY 1,
1975, INCLUDING AN ESTIMATE OF THE COST OF IMPLEMENTING ANY SUGGESTED
PROGRAMS.
SEC. 135. NONE OF THE PROVISIONS OF THE ACT ENTITLED "AN ACT TO
PROVIDE A PERMANENT SYSTEM OF HIGHWAYS IN THAT PART OF THE DISTRICT OF
COLUMBIA LYING OUTSIDE OF CITIES", APPROVED MARCH 2, 1893 (27 STAT.
532), AS AMENDED, SHALL APPLY TO ANY SEGMENT OF THE INTERSTATE SYSTEM
WITHIN THE DISTRICT OF COLUMBIA.
SEC. 136.(A) THE SECRETARY OF TRANSPORTATION SHALL PERMIT NO FURTHER
ACTION ON INTERSTATE ROUTE 1-287 BETWEEN MONTVILLE AND MAHWAH, NEW
JERSEY, UNTIL NEW CORRIDOR HEARINGS ARE HELD.
(B) THE SECRETARY OF TRANSPORTATION SHALL PERMIT NO FURTHER ACTION ON
THE CORPORATION FREEWAY, WINSTON-SALEM, NORTH CAROLINA, UNTIL NEW
CORRIDOR HEARINGS ARE HELD.
(C) THE NEW CORRIDOR HEARINGS REQUIRED BY THIS SECTION SHALL BE HELD
AND THE REPORTS THEREON SHALL BE MADE NO LATER THAN ONE YEAR AFTER THE
DATE OF ENACTMENT OF THIS SECTION.
SEC. 137. (A) PARAGRAPH (2) OF SUBSECTION (E) OF SECTION 103 OF TITLE
23, UNITED STATES CODE, IS AMENDED AS FOLLOWS: //81 STAT. 772; 84
STAT. 1716.//
(1) THE FIRST SENTENCE IS AMENDED BY STRIKING OUT "ADDITIONAL MILEAGE
FOR THE INTERSTATE SYSTEM OF TWO HUNDRED MILES, //87 STAT. 269// TO BE
USED IN MAKING MODIFICATIONS" AND INSERTING IN LIEU THEREOF "ADDITIONAL
MILEAGE FOR THE INTERSTATE SYSTEM OF FIVE HUNDRED MILES, TO BE USED IN
MAKING MODIFICATIONS."
(2) THE FOURTH SENTENCE IS AMENDED BY STRIKING OUT "THE 1968
INTERSTATE SYSTEM COST ESTIMATE SET FORTH IN HOUSE DOCUMENT NUMBERED
199, NINETIETH CONGRESS, AS REVISED." AND INSERTING IN LIEU THEREOF THE
FOLLOWING: "THE 1972 INTERSTATE SYSTEM COST ESTIMATE SET FORTH IN HOUSE
PUBLIC WORKS COMMITTEE PRINT NUMBERED 92 - 29, AS REVISED IN HOUSE
REPORT NUMBERED 92 - 1443."
(3) THE FIFTH SENTENCE IS AMENDED BY STRIKING OUT "DUE REGARD" AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "PREFERENCE, ALONG WITH DUE
REGARD FOR INTERSTATE HIGHWAY TYPE NEEDS ON A NATIONWIDE BASIS.".
(B) SUBSECTION (E) OF SECTION 103 OF TITLE 23, UNITED STATES CODE,
//ANTE, P. 268.// IS AMENDED BY ADDING THE FOLLOWING:
"(4) UPON THE JOINT REQUEST OF A STATE GOVERNOR AND THE LOCAL
GOVERNMENTS CONCERNED, THE SECRETARY MAY WITHDRAW HIS APPROVAL OF ANY
ROUTE OR PORTION THEREOF ON THE INTERSTATE SYSTEM WITHIN ANY URBANIZED
AREA IN THAT STATE SELECTED AND APPROVED IN ACCORDANCE WITH THIS TITLE
PRIOR TO THE ENACTMENT OF THIS PARAGRAPH, IF HE DETERMINES THAT SUCH
ROUTE OR PORTION THEREOF IS NOT ESSENTIAL TO COMPLETION OF A UNIFIED AND
CONNECTED INTERSTATE SYSTEM OR WILL NO LONGER BE ESSENTIAL BY REASON OF
THE APPLICATION OF THIS PARAGRAPH AND WILL NOT BE CONSTRUCTED AS A PART
OF THE INTERSTATE SYSTEM, AND IF HE RECEIVES ASSURANCES THAT THE STATE
DOES NOT INTEND TO CONSTRUCT A TOLL ROAD IN THE TRAFFIC CORRIDOR WHICH
WOULD BE SERVED BY SUCH ROUTE OR PORTION THEREOF. THE MILEAGE OF THE
ROUTE OR PORTION THEREOF APPROVAL OF WHICH IS WITHDRAWN UNDER THIS
PARAGRAPH SHALL BE AVAILABLE FOR DESIGNATION ON THE INTERSTATE SYSTEM IN
ANY OTHER STATE IN ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION.
AFTER THE SECRETARY HAS WITHDRAWN HIS APPROVAL OF ANY SUCH ROUTE OR
PORTION THEREOF, WHENEVER RESPONSIBLE LOCAL OFFICIALS OF SUCH URBANIZED
AREA NOTIFY THE STATE HIGHWAY DEPARTMENT THAT, IN LIEU OF A ROUTE OR
PORTION THEREOF APPROVAL FOR WHICH IS WITHDRAWN UNDER THIS PARAGRAPH,
THEIR NEEDS REQUIRE A NONHIGHWAY PUBLIC MASS TRANSIT PROJECT INVOLVING
THE CONSTRUCTION OF FIXED RAIL FACILITIES, OR THE PURCHASE OF PASSENGER
EQUIPMENT, INCLUDING ROLLING STOCK FOR ANY MODE OF MASS TRANSIT, OR
BOTH, AND THE STATE HIGHWAY DEPARTMENT DETERMINES THAT SUCH PUBLIC MASS
TRANSIT PROJECT IS IN ACCORDANCE WITH THE PLANNING PROCESS UNDER SECTION
134 OF THIS TITLE AND IS ENTITLED TO PRIORITY UNDER SUCH PLANNING
PROCESS, SUCH PUBLIC MASS TRANSIT PROJECT SHALL BE SUBMITTED FOR
APPROVAL TO THE SECRETARY. //76 STAT. 1148; 84 STAT. 1737. 23 USC
134.// APPROVAL OF THE PLANS, SPECIFICATIONS, AND ESTIMATES FOR SUCH
PROJECT BY THE SECRETARY SHALL BE DEEMED A CONTRACTUAL OBLIGATION OF THE
UNITED STATES FOR PAYMENT OUT OF THE GENERAL FUNDS IN THE TREASURY OF
ITS PROPORTIONAL SHARE OF THE COST OF SUCH PROJECT IN AN AMOUNT EQUAL TO
THE FEDERAL SHARE WHICH WOULD BE PAID FOR SUCH A PROJECT UNDER THE URBAN
MASS TRA NSPORTATION ACT OF 1964, //78 STAT. 302. 49 USC 1601 NOTE.//
EXCEPT THAT THE TOTAL FEDERAL COST OF ALL SUCH PROJECTS UNDER THIS
PARAGRAPH WITH RESPECT TO SUCH ROUTE OR PORTION THEREOF APPROVAL OF
WHICH IS WITHDRAWN UNDER THIS PARAGRAPH, SHALL NOT EXCEED THE FEDERAL
SHARE OF THE COST WHICH WOULD HAVE BEEN PAID FOR SUCH ROUTE OR PORTION
THEREOF, AS SUCH COST IS INCLUDED IN THE 1972 INTERSTATE SYSTEM COST
ESTIMATE SET FORTH IN TABLE 5 OF HOUSE PUBLIC WORKS COMMITTEE PRINT
NUMBERED 92 - 29, AS REVISED IN HOUSE REPORT NUMBERED 92 - 1443. FUNDS
APPORTIONED TO SUCH STATE FOR THE INTERSTATE SYSTEM, WHICH APPORTIONMENT
IS BASED UPON AN INTERSTATE SYSTEM COST ESTIMATE THAT INCLUDES A ROUTE
OR PORTION THEREOF APPROVAL OF WHICH IS WITHDRAWN UNDER THIS PARAGRAPH,
SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE FEDERAL SHARE OF SUCH PROJECT
AS SUCH SHARE BECOMES A CONTRACTUAL OBLIGATION OF THE UNITED STATES.
//87 STAT. 270// NO GENERAL FUNDS SHALL BE OBLIGATED UNDER AUTHORITY OF
THIS PARAGRAPH AFTER JUNE 30, 1981. NO NONHIGHWAY PUBLIC MASS TRANSIT
PROJECT SHALL BE APPROVED UNDER THIS PARAGRAPH UNLESS THE SECRETARY HAS
RECEIVED ASSURANCES SATISFACTORY TO HIM FROM THE STATE THAT PUBLIC MASS
TRANSPORTATION SYSTEMS WILL FULLY UTILIZE THE PROPOSED PROJECT. THE
PROVISION OF ASSISTANCE UNDER THIS PARAGRAPH SHALL SHALL NOT BE
CONSTRUED AS BRINGING WITHIN THE APPLICATION OF CHAPTER 15 OF TITLE 5,
UNITED STATES CODE, //80 STAT. 403. 5 USC 1501.// ANY NONSUPERVISORY
EMPLOYEE OF AN URBAN MASS TRANSPORTATION SYSTEM (OR OF ANY ENTITY
PERFORMING RELATED FUNCTIONS) TO WHOM SUCH CHAPTER IS OTHERWISE
INAPPLICABLE. FUNDS AVAILABLE FOR EXPENDITURE TO CARRY OUT THE PURPOSES
OF THIS PARAGRAPH SHALL BE SUPPLEMENTARY TO AND NOT IN SUBSTITUTION FOR
FUNDS AUTHORIZED AND AVAILABLE FOR OBLIGATION PURSUANT TO THE URBAN MASS
TRANSPORTATION ACT OF 1964, //78 STAT. 302. 49 USC 1601 NOTE.// AS
AMENDED. THE PROVISIONS OF SECTION 3(E)(4) OF THE URBAN MASS
TRANSPORTATION ACT OF 1964, //49 USC 1602.// AS AMENDED, SHALL APPLY IN
CARRYING OUT THIS PARAGRAPH."
SEC. 138. (A) THE SECRETARY SHALL, IN COOPERATION WITH THE GOVERNOR
OF EACH STATE AND APPROPRIATE LOCAL OFFICIALS, MAKE AN EVALUATION OF
THAT PORTION OF THE 1972 NATIONAL TRANSPORTATION REPORT, PERTAINING TO
PUBLIC MASS TRANSPORTATION. SUCH EVALUATION SHALL INCLUDE ALL URBAN
AREAS. THE EVALUATION SHALL INCLUDE BUT NOT BE LIMITED TO THE
FOLLOWING:
(1) REFINING THE PUBLIC MASS TRANSPORTATION NEEDS CONTAINED IN
SUCH REPORT.
(2) DEVELOPING A PROGRAM TO ACCOMPLISH THE NEEDS OF EACH URBAN
AREA FOR PUBLIC MASS TRANSPORTATION.
(3) ANALYZING THE EXISTING FUNDING CAPABILITIES OF FEDERAL,
STATE, AND LOCAL GOVERNMENTS FOR MEETING SUCH NEEDS.
(4) ANALYZING OTHER FUNDING CAPABILITIES OF FEDERAL, STATE, AND
LOCAL GOVERNMENTS FOR MEETING SUCH NEEDS.
(5) DETERMINING THE OPERATING AND MAINTENANCE COSTS RELATING TO
THE PUBLIC MASS TRANSPORTATION SYSTEM.
(6) DETERMINING AND COMPARING FARE STRUCTURES OF ALL PUBLIC
MASS TRANSPORTATION SYSTEMS.
THE SECRETARY SHALL, NOT LATER THAN JULY 1, 1974, REPORT TO CONGRESS THE
RESULTS OF THIS EVALUATION TOGETHER WITH HIS RECOMMENDATIONS FOR
NECESSARY LEGISLATION.
(B) THE SECRETARY SHALL CONDUCT A STUDY OF REVENUE MECHANISMS,
INCLUDING A TAX ON FUELS USED IN THE PROVISION OF URBAN MASS
TRANSPORTATION SERVICE, AND AN ADDITIONAL GASOLINE TAX IMPOSED IN URBAN
AREAS, WHICH COULD BE USED NOW OR IN THE FUTURE TO FINANCE
TRANSPORTATION ACTIVITIES RECEIVING FINANCIAL ASSISTANCE FROM THE
HIGHWAY TRUST FUND. SUCH STUDY SHALL INCLUDE AN ANALYSIS OF THE
MAGNITUDE OF THE VARIOUS POTENTIAL SOURCES OF USER TAX REVENUES, THE
RATES AT WHICH SUCH TAXES COULD BE LEVIED (INCLUDING POSSIBLE
DIFFERENTIAL RATES), THE MECHANISMS FOR COLLECTION OF SUCH TAXES, THE
INCIDENCE OF SUCH TAXES, AND THE POTENTIAL IMPACT ON TRANSIT USAGE
CAUSED BY SUCH TAXES. THE SECRETARY SHALL REPORT TO THE CONGRESS THE
FINDINGS OF HIS STUDY BY NO LATER THAN THE 180TH DAY AFTER THE DATE OF
ENACTMENT OF THIS SECTION.
(C) THERE IS HEREBY AUTHORIZED NOT TO EXCEED $10,000,000 TO CARRY OUT
THIS SECTION.
SEC. 139. (A) THE LAST SUBSECTION OF SECTION 129 OF TITLE 23, UNITED
STATES CODE, //84 STAT. 1736.// IS HEREBY REDESIGNATED AS SUBSECTION
(G).
(B) PARAGRAPH (5) OF SUBSECTION (G) OF SECTION 129 OF TITLE 23,
UNITED STATES CODE, AS REDESIGNATED IN SUBSECTION (A) OF THIS SECTION,
IS AMENDED TO READ AS FOLLOWS: //87 STAT. 271// //ANTE, P. 270.//
"(5) SUCH FERRY MAY BE OPERATED ONLY WITHIN THE STATE
(INCLUDING THE ISLANDS WHICH COMPRISE THE STATE OF HAWAII) OR
BETWEEN ADJOINING STATES. EXCEPT WITH RESPECT TO OPERATIONS
BETWEEN THE ISLANDS WHICH COMPRISE THE STATE OF HAWAII AND
OPERATIONS BETWEEN THE STATES OF ALASKA AND WASHINGTON, OR BETWEEN
ANY TWO POINTS WITHIN THE STATE OF ALSAKA, NO PART OF SUCH A FERRY
OPERATION SHALL BE IN ANY FOREIGN OR INTERNATIONAL WATERS."
SEC. 140. THE SECRETARY OF TRANSPORTATION IS AUTHORIZED TO MAKE
PAYMENTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY IN
AMOUNTS SUFFICIENT TO FINANCE 80 PER CENTUM OF THE COST OF PROVIDING
SUCH FACILITIES FOR THE SUBWAY AND RAPID RAIL TRANSIT SYSTEM AUTHORIZED
IN THE NATIONAL CAPITAL TRANSPORTATION ACT OF 1969 (83 STAT. 320) AS MAY
BE NECESSARY TO MAKE SUCH SUBWAY AND SYSTEM ACCESSIBLE BY THE
HANDICAPPED THROUGH IMPLEMENTATION OF PUBLIC LAWS 90 - 480 AND 91 - 205.
THERE IS AUTHORIZED TO BE APPROPRIATED, TO CARRY OUT THIS SECTION, NOT
TO EXCEED $65,000,000. //82 STAT. 718; 84 STAT. 49. 42 USC 4151.//
SEC. 141. (A) THE SECRETARY OF TRANSPORTATION SHALL, NOT LATER THAN
FORTY-FIVE DAYS AFTER THE DATE OF ENACTMENT OF THIS SECTION, COMPLETE
ALL NECESSARY ACTION ON (1) THE ENVIRONMENTAL IMPACT STATEMENT PURSUANT
TO SECTION 102(2) (3) OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1959,
//83 STAT. 853. 42 USC 4332.// AND (2) THE APPLICATION FOR APPROVAL
UNDER THE GENERAL BRIDGE ACT OF 1946, //60 STAT. 847. 33 USC 525 NOTE.//
WITH RESPECT TO THE PROPOSAL FOR CONSTRUCTION BY THE DEPARTMENT OF
TRANSPORTATION OF THE STATE OF NEW JERSEY OF A BRIDGE OVER THE RARITAN
RIVER IN SUCH STATE FOR THE PURPOSE OF SUCH STATE'S HIGHWAY ROUTE 18.
(B) THE SECRETARY OF TRANSPORTATION SHALL--
(1) BY OCTOBER 1, 1973--
(A) COMPLETE THE DRAFT ENVIRONMENTAL IMPACT STATEMENT PURSUANT
TO SECTION 102(2)(C) OF THE NATIONAL ENVIRONMENTAL POLICY ACT AND
HIS DETERMINATION UNDER SECTION 4(F) OF THE DEPARTMENT OF
TRANSPORTATION ACT AND SECTION 138 OF TITLE 23 OF THE UNITED
STATES CODE, //82 STAT. 824. 49 USC 1653. 82 STAT. 823.// ON THE
PROJECT FOR INTERSTATE ROUTE NUMBERED 66 IN THE STATE OF VIRGINIA
FROM THE NATIONAL CAPITAL BELTWAY TO THE POTOMAC RIVER, WHICH
PROJECT IS DESCRIBED IN THE 1972 ESTIMATE OF THE COST OF
COMPLETING THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS
AS ESTIMATE SECTION TERMINI E 10.4.2 AT THE BELTWAY TO E 10.11.1
IN ROSSLYN,
(B) CIRCULATE SUCH STATEMENT TO ALL INTERESTED FEDERAL, STATE,
AND LOCAL AGENCIES AND TO THE PUBLIC FOR COMMENT WITHIN FORTY-FIVE
DAYS, AND
(C) INSURE THAT NOTICE OF A PUBLIC HEARING ON THE DESIGN AND
LOCATION OF SUCH PROJECT IS ISSUED:
(2) INSURE THAT A PUBLIC HEARING IS HELD WITHIN FORTY-FIVE DAYS AFTER
ISSUANCE OF THE NOTICE PURSUANT TO PARAGRAPH (1)(C) OF THIS SUBSECTION;
AND
(3) NOT LATER THAN DECEMBER 31, 1973, COMPLETE CONSIDERATION OF THE
INFORMATION RECEIVED AT THE HEARING, REVIEW ANY COMMENTS ON THE
STATEMENT RECEIVED WITHIN THE FORTY-FIVE-DAY NOTICE PERIOD REFERRED TO
IN PARAGRAPH (1)(B) OF THIS SUBSECTION AND ANY OTHER INFORMATION
RECEIVED BY THE END OF SUCH FORTY-FIVE-DAY PERIOD AND FILE THE FINAL
VERSION OF SUCH STATEMENT ON THE BASIS OF SUCH COMMENTS AND INFORMATION,
TOGETHER WITH ANY OTHER FINAL DETERMINATION WHICH HE IS REQUIRED BY LAW
TO MAKE IN ORDER TO PERMIT THE CONSTRUCTION OF SUCH PROJECT TO PROCEED.
//87 STAT. 272// THE DETERMINATION OF THE SECRETARY SHALL BE CONCLUSIVE
WITH RESPECT TO ALL ISSUES OF FACT.
SEC. 142.(A) CHAPTER 1 OF TITLE 23, UNITED STATES CODE, //ANTE, P.
265.// IS AMENDED BY ADDING TO THE END THEREOF THE FOLLOWING NEW
SECTION:
" ^ 149. TRUCK LANES
"THE SECRETARY MAY APPROVE AS A PROJECT ON ANY FEDERAL-AID SYSTEM THE
CONSTRUCTION OF EXCLUSIVE OR PREFERENTIAL TRUCK LANES."
(B) THE ANALYSIS OF CHAPTER 1 OF TITLE 23, UNITED STATES CODE, IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "149. TRUCK
LANES.".
SEC. 143. THE SECRETARY OF TRANSPORTATION SHALL REPORT TO CONGRESS
BY JANUARY 1, 1975, ON THE FEASIBILITY AND NECESSITY FOR CONSTRUCTION TO
APPROPRIATE STANDARDS PROPOSED HIGHWAYS ALONG THE FOLLOWING ROUTES:
(1) A ROUTE FROM BRUNSWICK, GEORGIA, OR ITS VICINITY, SO
ALIGNED TO SERVE THE FOLLOWING INTERMEDIATE LOCATIONS, OR
VICINITIES THEREOF: COLUMBUS, GEORGIA; BIRMINGHAM, ALABAMA;
TUPELO, MISSISSIPPI; MEMPHIS, TENNESSEE; BATESVILLE OR
JONESBORO, ARKANSAS; AND SPRINGFIELD, MISSOURI.
(2) A ROUTE FROM KANSAS CITY, MISSOURI, OR ITS VICINITY TO
CHICAGO, ILLINOIS, OR ITS VICINITY, SO ALIGNED AS TO CROSS THE
MISSISSIPPI RIVER AT A POINT BETWEEN NAUVOO, ILLINOIS, ON THE
NORTH, AND HANNIBAL, MISSOURI, ON THE SOUTH.
(3) A ROUTE FROM AMARILLO, TEXAS, OR ITS VICINITY TO LAS
CRUCES, NEW MEXICO, OR ITS VICINITY, SO ALIGNED AS TO SERVE THE
FOLLOWING INTERMEDIATE LOCATIONS, OR VICINITIES THEREOF:
HEREFORD, TEXAS; CLOVIS, NEW MEXICO; PORTALES, NEW MEXICO;
ROSWELL, NEW MEXICO; RUIDOSO, NEW MEXICO; TULAROSA, NEW MEXICO;
AND ALAMOGORDO, NEW MEXICO TOGETHER WITH A BRANCH ROUTE FROM
ALAMOGORDO, NEW MEXICO, OR ITS VICINITY, TO EL PASO, TEXAS, OR ITS
VICINITY, TO CONNECT WITH INTERSTATE ROUTE NO. 10 AND THE PORT OF
ENTRY WITH MEXICO.
(4) A ROUTE FROM THE PORT OF CATOOSA, CATTOOSA, OKLAHOMA, OR
ITS VICINITY, TO INTERSTATE ROUTE NO. 35 TO PONCA CITY, OKLAHOMA
OR ITS VICINITY.
(5) EXTENSION OF INTERSTATE HIGHWAY 70 FROM COVE FORT, UTAH, OR
ITS VICINITY, IN A WESTERLY DIRECTION, SO ALIGNED TO SERVE THE
INTERMEDIATE LOCATIONS OF ELY AND CARSON CITY, NEVADA, OR THEIR
VICINITIES.
(6) A ROUTE FROM KANSAS CITY, MISSOURI, OR ITS VICINITY, TO
BATON ROUTE, LOUISIANA, OR ITS VICINITY SO ALIGNED TO SERVE ONE OR
BOTH OF THE FOLLOWING INTERMEDIATE LOCATIONS OR VICINITIES THEREOF
FAYETTEVILLE, FORT SMITH, AND TEXARKANA, ARKANSAS; OR LITTLE
ROCK, ARKANSAS, OR ANY OTHER ROUTE THROUGH THE STATE OF ARKANSAS
DETERMINED FEASIBLE BY SUCH STATE AND THE SECRETARY.
(7) A ROUTE FROM INTERSTATE HIGHWAY 380 FROM WATERLOO, IOWA,
VIA DUBUQUE, IOWA, TO INTERSTATE HIGHWAY 90 AT ROCKFORD, ILLINOIS;
AND AN EXTENSION OF INTERSTATE HIGHWAY 74 FROM THE DAVENPORT,
IOWA-MOLINE, ILLINOIS, AREA THROUGH DUBUQUE, IOWA, TO INTERSTATE
90 AT LA CROSSE, WISCONSIN.
(8) EXTENSION OF INTERSTATE HIGHWAY 27 FROM LUBBOCK, TEXAS, OR
ITS VICINITY IN A SOUTHERLY DIRECTION TO INTERSECT WITH INTERSTATE
20 AND, PROCEEDING FURTHER, TO INTERSECT WITH INTERSTATE 10. //87
STAT. 273//
(9) A ROUTE FROM SALINA, KANSAS, OR ITS VICINITY, IN A
NORTHERLY DIRECTION TO INTERSECT WITH INTERSTATE 80 IN THE
VICINITY OF YORK, NEBRASKA, AND PROCEEDING FURTHER, TO INTERSTATE
29 IN THE VICINITY OF WATERTOWN, SOUTH DAKOTA.
(10) A ROUTE FROM WICHITA, KANSAS, OR ITS VICINITY TO
TUCUMCARI, NEW MEXICO, OR ITS VICINITY, SO ALIGNED TO SERVE THE
FOLLOWING INTERMEDIATE LOCATIONS OR VICINITIES THEREOF: PRATT,
KANSAS; MEADE, KANSAS; LIBERAL, KANSAS; GUYMON, OKLAHOMA;
STAFFORD, TEXAS; DALHART, TEXAS; AND LOGAN, NEW MEXICO; OR ANY
OTHER ROUTE THROUGH THE STATE OF KANSAS DETERMINED FEASIBLE BY
SUCH STATE AND THE SECRETARY.
SEC. 144. SECTION 4 OF THE FEDERAL-AID HIGHWAY ACT OF 1962 (PUBLIC
LAW 87 - 866; 76 STAT. 1145) IS AMENDED BY STRIKING OUT "$32,000,000"
AND INSERTING IN LIEU THEREOF "$42,000,000".
SEC. 145. (A) CHAPTER 3 OF TITLE 23 OF THE UNITED STATES CODE IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: //72 STAT. 912; 84
STAT. 1742. 23 USC 301.//
" ^ 323. DONATIONS
"NOTHING IN THIS TITLE, OR IN ANY OTHER PROVISION OF LAW, SHALL BE
CONSTRUED TO PREVENT A PERSON WHOSE REAL PROPERTY IS BEING ACQUIRED IN
CONNECTION WITH A PROJECT UNDER THIS TITLE, AFTER HE HAS BEEN TENDERED
THE FULL AMOUNT OF THE ESTIMATED JUST COMPENSATION AS ESTABLISHED BY AN
APPROVED APPRAISAL OF THE FAIR MARKET VALUE OF THE SUBJECT REAL
PROPERTY, FROM MAKING A GIFT OR DONATION OF SUCH PROPERTY, OR ANY PART
THEREOF, OR OF ANY OF THE COMPENSATION PAID THEREFOR, TO A FEDERAL
AGENCY, A STATE OR A STATE AGENCY, OR A POLITICAL SUBDIVISION OF A
STATE, AS SAID PERSON SHALL DETERMINE."
(B) THE ANALYSIS OF CHAPTER 3 OF TITLE 23, UNITED STATES CODE, IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "323. DONATIONS.".
SEC. 146. THE SECRETARY IS AUTHORIZED TO UNDERTAKE A STUDY AND
DEMONSTRATION PROFRAM FOR HIGH-SPEED BUS SERVICE FROM COLLECTION POINTS
IN THE WASHINGTON, DISTRICT OF COLUMBIA AREA TO DULLES INTERNATIONAL
AIRPORT, VIRGINIA. SUCH STUDY AND DEMONSTRATION SHALL UTILIZE EXCLUSIVE
BUS TRANSPORTATION LANES BETWEEN POINTS OF ORIGIN AND TERMINATION OF
SUCH SERVICE, AND INCLUDE, WHERE NECESSARY, THE CONSTRUCTION OF SUCH
EXCLUSIVE BUS TRANSPORTATION LANES AS WELL AS TERMINAL AND PARKING
FACILITIES. SUCH STUDY AND DEMONSTRATION SHALL ALSO INCLUDE THE
PURCHASE OF HIGH-SPEED BUSES. AS NECESSARY TO IMPLEMENT THIS SECTION,
THE SECRETARY SHALL UNDERTAKE RESEARCH INTO THE DEVELOPMENT OF BUSES
DESIGNED TO MAINTAIN HIGH-SPEED, SAFE TRANSPORTATION. NOT TO EXCEED
$10,000,000 OF THE AMOUNT AUTHORIZED TO BE APPORTIONED UNDER SECTION
104(B)(6) OF TITLE 23, UNITED STATES CODE, //84 STAT. 1717.// FOR THE
FISCAL YEAR ENDING JUNE 30, 1975, SHALL BE AVAILABLE TO THE SECRETARY TO
CARRY OUT THIS SECTION AND SUCH SUM SHALL BE SET ASIDE FOR SUCH PURPOSE
PRIOR TO THE APPORTIONMENT OF SUCH AMOUNT FOR SUCH FISCAL YEAR.
SEC. 147. //87 STAT. 274// TO ENCOURAGE THE DEVELOPMENT,
IMPROVEMENT, AND USE OF PUBLIC MASS TRANSPORTATION SYSTEMS OPERATING
VEHICLES ON HIGHWAYS FOR TRANSPORTATION OF PASSENGERS WITHIN RURAL
AREAS, IN ORDER TO ENHANCE ACCESS OF RURAL POPULATIONS TO EMPLOYMENT,
HEALTH CARE, RETAIL CENTERS, EDUCATION, AND PUBLIC SERVICES, THERE ARE
AUTHORIZED TO BE APPROPRIATED $30,000,000 FOR THE TWO-FISCAL-YEAR PERIOD
ENDING JUNE 30, 1976, OF WHICH $20,000,000 SHALL BE OUT OF THE HIGHWAY
TRUST FUND, TO THE SECRETARY OF TRANSPORTATION TO CARRY OUT
DEMONSTRATION PROJECTS FOR PUBLIC MASS TRANSPORTATION ON HIGHWAYS IN
RURAL AREAS. PROJECTS ELIGIBLE FOR FEDERAL FUNDS UNDER THIS SECTION
SHALL INCLUDE HIGHWAY TRAFFIC CONTROL DEVICES, THE CONSTRUCTION OF
PASSENGER LOADING AREAS AND FACILITIES, INCLUDING SHELTERS, FRINGE AND
TRANSPORTATION CORRIDOR PARKING FACILITIES TO SERVE BUS AND OTHER PUBLIC
MASS TRANSPORTATION PASSENGERS, AND THE PURCHASE OF PASSENGER EQUIPMENT
OTHER THAN ROLLING STOCK FOR FIXED RAIL.
SEC. 148. (A) SECTION 103(B) OF TITLE 23, UNITED STATES CODE, //72
STAT. 887.// IS RENUMBERED AS SECTION 103(B)(1) AND A NEW SECTION 103(
B)(2) IS ADDED TO READ AS FOLLOWS:
"(2) AFTER JUNE 30, 1976, THE FEDERAL-AID PRIMARY SYSTEM SHALL
CONSIST OF AN ADEQUATE SYSTEM OF CONNECTED MAIN ROADS IMPORTANT TO
INTERSTATE, STATEWIDE, AND REGIONAL TRAVEL, CONSISTING OF RURAL ARTERIAL
ROUTES AND THEIR EXTENSIONS INTO OR THROUGH URBAN AREAS. THE
FEDERAL-AID PRIMARY SYSTEM SHALL BE DESIGNATED BY EACH STATE ACTING
THROUGH ITS STATE HIGHWAY DEPARTMENT AND WHERE APPROPRIATE, SHALL BE IN
ACCORDANCE WITH THE PLANNING PROCESS PURSUANT TO SECTION, 134 OF THIS
TITLE, SUBJECT TO THE APPROVAL OF THE SECRETARY AS PROVIDED BY
SUBSECTION (F) OF THIS SECTION."
(B) SECTION 130(C) OF TITLE 23, UNITED STATES CODE, //72 STAT. 888;
76 STAT. 1147.// IS RENUMBERED AS SECTION 103(C)(1) AND A NEW SUBSECTION
103(C)(2) IS ADDED TO READ AS FOLLOWS:
"(2) AFTER JUNE 30, 1976, THE FEDERAL-AID SECONDARY SYSTEM SHALL
CONSIST OF RURAL MAJOR COLLECTOR ROUTES. THE FEDERAL-AID SECONDARY
SYSTEM SHALL BE DESIGNATED BY EACH STATE THROUGH ITS STATE HIGHWAY
DEPARTMENT AND APPROPRIATE LOCAL OFFICIALS IN COOPERATION WITH EACH
OTHER, SUBJECT TO THE APPROVAL OF THE SECRETARY AS PROVIDED IN
SUBSECTION (F) OF THIS SECTION."
(C) SECTION 103(D) OF TITLE 23, UNITED STATES CODE, //ANTE, P.
255.// IS RENUMBERED AS SECTION 103(D)(1) AND A NEW SUBSECTION 103(D)(
2) IS ADDED TO READ AS FOLLOWS:
"(2) AFTER JUNE 30, 1976, THE FEDERAL-AID URBAN SYSTEM SHALL BE
LOCATED IN EACH URBANIZED AREA AND SUCH OTHER URBAN AREAS AS THE STATE
HIGHWAY DEPARTMENTS MAY DESIGNATE AND SHALL CONSIST OF ARTERIAL ROUTES
AND COLLECTOR ROUTES, EXCLUSIVE OF URBAN EXTENSIONS OF THE FEDERAL-AID
PRIMARY SYSTEM. THE ROUTES ON THE FEDERAL-AID URBAN SYSTEM SHALL BE
DESIGNATED BY APPROPRIATE LOCAL OFFICIALS, WITH THE CONCURRENCE OF THE
STATE HIGHWAY DEPARTMENTS, SUBJECT TO THE APPROVAL OF THE SECRETARY AS
PROVIDED IN SUBSECTION (F) OF THIS SECTION, //84 STAT. 1716.// AND IN
THE CASE OF URBANIZED AREAS SHALL ALSO BE IN ACCORDANCE WITH THE
PLANNING PROCESS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 134 OF
THIS TITLE." //76 STAT. 1148; 84 STAT. 1737. 23 USC 134.//
(D) FEDERAL-AID SYSTEMS REALIGNMENT SHALL BE BASED UPON ANTICIPATED
FUNCTIONAL USAGE IN THE YEAR 1980 OR A PLANNED CONNECTED SYSTEM.
(E) IN ADDITION TO THE FOREGOING AMENDMENTS, THE SECOND SENTENCE OF
SECTION 103(C)(1) OF TITLE 23, UNITED STATES CODE, IS AMENDED TO INSERT,
AFTER THE WORDS "LOCAL RURAL ROAD," THE PHRASE, "ACCESS ROADS TO
AIRPORTS".
SEC. 149. (A) //87 STAT. 275// WHENEVER THE STATE OF LOUISIANA HAS
RECEIVED ITS FINAL APPORTIONMENT OF SUMS AUTHORIZED TO BE APPROPRIATED
FOR EXPENDITURE ON THE INTERSTATE SYSTEM, OR ON OR AFTER JULY 1, 1977,
WHICHEVER FIRST OCCURS, THE SECRETARY SHALL, NOTWITHSTANDING THE
PROVISIONS OF SUBSECTION (B) OF SECTION 129 OF TITLE 23 OF THE UNITED
STATES CODE, //ANTE, P. 259.// REIMBURSE THE FEDERAL SHARE OF THE ACTUAL
COST OF CONSTRUCTION OF NEW TOLL HIGHWAYS OR IMPROVEMENTS TO EXISTING
TOLL HIGHWAYS IN THAT STATE, CONSTRUCTION OF WHICH HIGHWAYS OR
IMPROVEMENT IS BEGUN AFTER JULY 1, 1973, BUT NOT INCLUDING THE COST OF
TOLL COLLECTION AND SERVICE FACILITIES, ON THE SAME BASIS AND IN THE
SAME MANNER AS IN THE CONSTRUCTION OF FREE HIGHWAYS UNDER CHAPTER 1 OF
TITLE 23 OF THE UNITED STATES CODE UPON COMPLIANCE WITH THE CONDITIONS
CONTAINED IN THIS SECTION. //72 STAT. 885. 23 USC 101.//
(B) THE SECRETARY SHALL REIMBURSE THE FEDERAL SHARE OF THE COSTS OF
CONSTRUCTION AS APPLICABLE TO A PROJECT UNDER SECTION 120(A) OF TITLE 23
OF THE UNITED STATES CODE, //82 STAT. 835; 84 STAT. 1718.// FROM FUNDS
APPORTIONED TO SUCH STATE PURSUANT TO PARAGRAPH (1) OF SUBSECTION (B) OF
SECTION 104 OF TITLE 23 OF THE UNITED STATES CODE, //ANTE, P. 256.//
WHENEVER THE STATE ENTERS INTO AN AGREEMENT WITH THE SECRETARY WHEREBY
IT UNDERTAKES PERFORMANCE OF THE FOLLOWING OBLIGATIONS:
(1) TO PROVIDE FOR THE CONSTRUCTION OF SUCH HIGHWAY IN
ACCORDANCE WITH STANDARDS APPROVED BY THE SECRETARY;
(2) ALL TOLLS RECEIVED FROM THE OPERATION OF SUCH HIGHWAY, LESS
THE ACTUAL COST OF SUCH OPERATION AND MAINTENANCE, SHALL BE
APPLIED BY THE STATE TO THE REPAYMENT OF THE ACTUAL COSTS OF
CONSTRUCTION, EXCEPT FOR AN AMOUNT EQUAL TO THE FEDERAL SHARE
PAYABLE OF SUCH ACTUAL COSTS OF A PROJECT; AND
(3) NO TOLLS SHALL BE CHARGED FOR THE USE OF SUCH HIGHWAY AFTER
THE FEDERAL SHARE HAS BEEN PAID AND THE HIGHWAY SHALL BE
MAINTAINED AND OPERATED AS A FREE HIGHWAY.
UPON THE ENACTMENT OF THIS SECTION THE SECRETARY SHALL, AT THE REQUEST
OF THE STATE OF LOUISIANA, ENTER INTO AN AGREEMENT WITH THAT STATE IF
SUCH AGREEMENT MEETS THE REQUIREMENTS OF THIS SUBSECTION.
REIMBURSEMENTS SHALL NOT BE MADE UNTIL AFTER THE STATE RECEIVES ITS
FINAL APPORTIONMENT OF SUMS AUTHORIZED TO BE APPROPRIATED FOR
EXPENDITURE ON THE INTERSTATE SYSTEM OR JULY 1, 1977, WHICHEVER FIRST
OCCURS.
(C) SUCH HIGHWAY SHALL BE DESIGNATED AS A PART OF THE FEDERAL-AID
PRIMARY SYSTEM, OTHER THAN THE INTERSTATE SYSTEM, BEFORE THE PAYMENT OF
ANY FEDERAL FUNDS UNDER THIS SECTION, NOTWITHSTANDING THE MILEAGE
LIMITATIONS IN SUBSECTION (B) OF SECTION 103 OF TITLE 23 OF THE UNITED
STATES CODE. //ANTE, P. 274.//
(D) THE FEDERAL SHARE PAYABLE OF SUCH ACTUAL COST OF THE PROJECT
SHALL BE MADE IN NOT MORE THAN FIFTEEN EQUAL ANNUAL INSTALLMENTS, FROM
THE FUNDS APPORTIONED TO THE STATE PURSUANT TO PARAGRAPH (1) OF
SUBSECTION (B) OF SECTION 104 OF TITLE 23 OF THE UNITED STATES CODE,
WITH THE FIRST INSTALLMENT BEING MADE EITHER (1) ONE YEAR AFTER THE
PROJECT AGREEMENT HAS BEEN ENTERED INTO BETWEEN THE SECRETARY AND THE
STATE HIGHWAY DEPARTMENT OR (2) EITHER ONE YEAR AFTER THE STATE RECEIVES
ITS FINAL APPORTIONMENT OF SUMS AUTHORIZED TO BE APPROPRIATED FOR
EXPENDITURE ON THE INTERSTATE SYSTEM, OR JULY 1, 1977, WHICHEVER FIRST
OCCURS, WHICHEVER OF SUCH CLAUSE (1) OR (2) IS LAST TO OCCUR. SUCH
PAYMENT SHALL BE APPLIED AGAINST THE OUTSTANDING OBLIGATIONS OF THE
PROJECT.
SEC. 150. (A) SUBSECTION (A) OF SECTION 207 OF TITLE 23, UNITED
STATES CODE, IS AMENDED TO READ AS FOLLOWS: //72 STAT. 908.//
"(A) FUNDS AVAILABLE FOR PARKWAYS SHALL BE USED TO PAY FOR THE COST
OF CONSTRUCTION AND IMPROVEMENT THEREOF, INCLUDING THE ACQUISITION OF
RIGHTS-OF-WAY AND RELATED SCENIC EASEMENTS." //87 STAT. 276//
(B) SECTION 207 OF TITLE 23, UNITED STATES CODE, //ANTE, P. 275.// IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(D) ANY PARKWAY PROJECT ON A FEDERAL-AID SYSTEM SHALL BE SUBJECT TO
ALL OF THE REQUIREMENTS OF THIS TITLE AND OF ANY OTHER LAW APPLICABLE TO
HIGHWAYS ON SUCH SYSTEM."
SEC. 151. SUBSECTION (C)(1) OF SECTION 307 OF TITLE 23, UNITED
STATES CODE, //77 STAT. 277.// IS AMENDED TO READ AS FOLLOWS:
"(C)(1) NOT TO EXCEED 1 1/2 PER CENTUM OF THE SUMS APPORTIONED FOR
EACH FISCAL YEAR BEGINNING WITH FISCAL YEAR 1974 TO ANY STATE UNDER
SECTION 104 OF THIS TITLE, //ANTE, P. 256.// SHALL BE AVAILABLE FOR
EXPENDITURE UPON REQUEST OF THE STATE HIGHWAY DEPARTMENT, WITH THE
APPROVAL OF THE SECRETARY, WITH OR WITHOUT STATE FUNDS, FOR ENGINEERING
AND ECONOMIC SURVEYS AND INVESTIGATIONS; FOR THE PLANNING OF FUTURE
HIGHWAY PROGRAMS AND LOCAL PUBLIC TRANSPORTATION SYSTEMS AND FOR
PLANNING FOR THE FINANCING THEREOF; FOR STUDIES OF THE ECONOMY, SAFETY,
AND CONVENIENCE OF HIGHWAY USAGE AND THE DESIRABLE REGULATION AND
EQUITABLE TAXATION THEREOF; AND FOR RESEARCH AND DEVELOPMENT, NECESSARY
IN CONNECTION WITH THE PLANNING, DESIGN, CONSTRUCTION, AND MAINTENANCE
OF HIGHWAYS AND HIGHWAY SYSTEMS, AND THE REGULATION AND TAXATION OF
THEIR USE."
SEC. 152. TITLE 23, UNITED STATES CODE, IS AMENDED AS FOLLOWS:
(1) SECTION 101(A) //72 STAT. 885.// IS AMENDED BY STRIKING OUT
"SECRETARY OF COMMERCE" AND INSERTING IN LIEU THEREOF "SECRETARY OF
TRANSPORTATION."
(2) SECTION 109(G) //84 STAT. 1734.// IS AMENDED BY STRIKING OUT
"RET" AND INSERTING IN LIEU THEREOF "ACT."
(3) SECTIONS 126(A) //72 STAT. 902, 914.// AND 310 ARE AMENDED BY
STRIKING OUT "COMMERCE" EACH PLACE IT APPEARS AND INSERTING IN LIEU
THEREOF "TRANSPORTATION".
(4) THE HEADING OF SECTION 303 IS AMENDED TO READ: "ADMINISTRATION
ORGANIZATION."
(5) SECTIONS 308(B), 309, 312, AND 314 ARE AMENDED BY STIKING OUT
"BUREAU OF PUBLIC ROADS" EACH PLACE IT APPEARS AND INSERTING IN LIEU
THEREOF "FEDERAL HIGHWAY ADMINISTRATION".
(6) SECTIONS 312 AND 314 ARE AMENDED BY STRIKING OUT "COMMERCE" EACH
PLACE IT APPEARS AND INSERTING IN LIEU THEREOF "TRANSPORTATION".
SEC. 153. SUBSECTION (B) OF SECTION 108 OF THE FEDERAL-AID HIGHWAY
ACT OF 1970 IS AMENDED TO READ AS FOLLOWS: //84 STAT. 1718. 23 USC 120
NOTE.//
"(B) THE AMENDMENT MADE BY SUBSECTION (A) OF THIS SECTION SHALL TAKE
EFFECT WITH RESPECT TO ALL OBLIGATIONS INCURRED AFTER JUNE 30, 1973."
SEC. 154. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF FEDERAL LAW OR
ANY COURT DECISION TO THE CONTRARY, THE CONTRACTUAL RELATIONSHIP BETWEEN
THE FEDERAL AND STATE GOVERNMENTS SHALL BE ENDED WITH RESPECT TO ALL
PORTIONS OF THE SAN ANTONIO NORTH EXPRESSWAY BETWEEN INTERSTATE HIGHWAY
35 AND INTERSTATE LOOP 410, AND THE EXPRESSWAY SHALL CEASE TO BE A
FEDERAL-AID PROJECT.
(B) THE AMOUNT OF ALL FEDERAL-AID HIGHWAY FUNDS PAID ON ACCOUNT OF
SECTIONS OF THE SAN ANTONIO NORTH EXPRESSWAY IN BEXAR COUNTY, TEXAS //87
STAT. 277// (FEDERAL-AID PROJECTS NUMBERED U 244(7), U 244(10), UG
244(9), U 244(8), AND U244 (11)), SHALL BE REPAID TO THE TREASURER OF
THE UNITED STATES AND THE AMOUNT SO REPAID SHALL BE DEPOSITED TO THE
CREDIT OF THE APPROPRIATION FOR "FEDERAL-AID HIGHWAYS (TRUST FUND)". AT
THE TIME OF SUCH REPAYMENT THE FEDERAL-AID PROJECTS WITH RESPECT TO
WHICH FUNDS HAVE BEEN REPAID AND ANY OTHER FEDERAL-AID PROJECTS LOCATED
ON SUCH EXPRESSWAY AND PROGRAMED FOR EXPENDITURE ON SUCH PROJECT, IF
ANY, SHALL BE CANCELED AND WITHDRAWN FROM THE FEDERAL-AID HIGHWAY
PROGRAM. ANY AMOUNT SO REPAID, TOGETHER WITH THE UNPAID BALANCE OF ANY
AMOUNT PROGRAMED FOR EXPENDITURE ON ANY SUCH PROJECT SHALL BE CREDITED
TO THE UNPROGRAMED BALANCE OF FEDERAL-AID HIGHWAY FUNDS OF THE SAME
CLASS LAST APPORTIONED TO THE STATES, RESPECTIVELY. THE AMOUNT SO
CREDITED SHALL BE AVAILABLE FOR EXPENDITURE IN ACCORDANCE WITH THE
PROVISIONS OF TITLE 23, UNITED STATES CODE, AS AMENDED. //72 STAT.
885. 23 USC 101 ET SEQ.//
SEC. 155. (A) THE SECRETARY IS DIRECTED TO UNDERTAKE A STUDY OF
LITTER ACCUMULATION WITHIN THE RIGHTS-OF-WAY OF THE FEDERAL-AID HIGHWAY
SYSTEMS AND RECOMMEND IMPROVED PROCEDURES TO BE USED BY THE SEVERAL
STATES TO PREVENT AND CLEAN UP SUCH HIGHWAY LITTER ON A REGULAR BASIS.
THE SECRETARY SHALL REPORT HIS FINDINGS AND RECOMMENDATIONS TO THE
CONGRESS BY JUNE 30, 1974.
(B) FOR THE PURPOSES OF THIS SECTION, THE TERM "LITTER" MEANS
BEVERAGE AND FOOD CONTAINERS, FOOD WASTES, PAPER PRODUCTS, SMOKING
MATERIALS OR PACKAGING, AND ANY OTHER MATERIALS WHICH THE SECRETARY
FINDS ARE COMMONLY USED AND DISCARDED BY THE TRAVELING PUBLIC AND WHICH,
WHEN DISCARDED ALONG HIGHWAY RIGHTS-OF-WAY, CAUSE AN UNSIGHTLY
APPEARANCE, A DANGER TO PUBLIC HEALTH OR SAFETY, OR AN UNREASONABLE
EXPENDITURE OF PUBLIC FUNDS.
(C) FUNDS AUTHORIZED TO CARRY OUT SECTION 307 OF TITLE 23, UNITED
STATES CODE, //72 STAT. 913.// ARE AUTHORIZED TO BE USED TO CARRY OUT
THE INVESTIGATION AND STUDY REQUIRED BY THIS SECTION.
SEC. 156. SECTION 109 OF TITLE 23, UNITED STATES CODE, //84 STAT.
1734.// IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING
SUBSECTION:
"(K) THE SECRETARY SHALL NOT APPROVE ANY PROJECT INVOLVING APPROACHES
TO A BRIDGE UNDER THIS TITLE, IF SUCH PROJECT AND BRIDGE WILL
SIGNIFICANTLY AFFECT THE TRAFFIC VOLUME AND THE HIGHWAY SYSTEM OF A
CONTIGUOUS STATE WITHOUT FIRST TAKING INTO FULL CONSIDERATION THE VIEWS
OF THAT STATE."
SEC. 157. (A) CHAPTER 1 OF TITLE 23, UNITED STATES CODE, // ANTE. P.
272.// BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION:
" ^ 150. ALLOCATION OF URBAN SYSTEM FUNDS.
THE FUNDS APPORTIONED TO ANY STATE UNDER PARAGRAPH (6) OF SUBSECTION
(B) OF SECTION 104 OF THIS TITLE //84 STAT. 1717, 23 USC 104.// THAT ARE
ATTRIBUTABLE TO URBANIZED AREAS OF 200,000 POPULATION OR MORE SHALL BE
MADE AVAILABLE FOR EXPENDITURE IN SUCH URBANIZED AREAS FOR PROJECTS IN
PROGRAMS APPROVED UNDER SUBSECTION (D) OF SECTION 105 OF THIS TITLE
//ANTE. P. 255.// IN ACCORDANCE WITH A FAIR AND EQUITABLE FORMULA
DEVELOPED BY THE STATE WHICH FORMULA HAS BEEN APPROVED BY THE SECRETARY.
SUCH FORMULA SHALL PROVIDE FOR FAIR AND EQUITABLE TREATMENT OF
INCORPORATED MUNICIPALITIES OF 200,000 OR MORE POPULATION. WHENEVER
SUCH A FORMULA HAS NOT BEEN DEVELOPED AND APPROVED FOR A STATE, //87
STAT. 278// THE FUNDS APPORTIONED TO ANY STATE UNDER PARAGRAPH (6) OF
SUBSECTION (B) OF SECTION 104 OF THIS TITLE //84 STAT. 1717. 23 USC
104.// WHICH ARE ATTRIBUTABLE TO URBANIZED AREAS HAVING A POPULATION OF
200,000 OR MORE SHALL BE ALLOCATED AMONG SUCH URBANIZED AREAS WITHIN
SUCH STATE FOR PROJECTS IN PROGRAMS APPROVED UNDER SUBSECTION (D) OF
SECTION 105 OF THIS TITLE IN THE RATIO THAT THE POPULATION WITHIN EACH
SUCH URBANIZED AREA BEARS TO THE POPULATION OF ALL SUCH URBANIZED AREAS,
OR PARTS THEREOF, WITHIN SUCH STATE. IN THE EXPENDITURE OF FUNDS
ALLOCATED UNDER THE PRECEDING SENTENCE, FAIR AND EQUITABLE TREATMENT
SHALL BE ACCORDED INCORPORATED MUNICIPALITIES OF 200,000 OR MORE
POPULATION."
(B) THE TABLE OF CONTENTS OF CHAPTER 1 OF TITLE 23, UNITED STATES
CODE, IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "150.
ALLOCATION OF URBAN SYSTEM FUNDS.".
SEC. 158. NOTWITHSTANDING SECTION 109(B) OF TITLE 23 OF THE UNITED
STATES CODE, //77 STAT. 277; 80 STAT. 767.// THE SECRETARY OF
TRANSPORTATION IS AUTHORIZED, UPON APPLICATION OF THE GOVERNOR OF THE
STATE, TO APPROVE CONSTRUCTION OF THAT SECTION OF INTERSTATE ROUTE 93
FROM B20.6 AN INTERCHANGE WITH STATE ROUTE 3A IN NORTH WOODSTOCK, NEW
HAMPSHIRE, TO B22.1 AN INTERCHANGE WITH U.S. ROUTE 3 IN FRANCONIA, NEW
HAMPSHIRE, APPROXIMATELY TWELVE MILES IN LENGTH, AS A PARKWAY TYPE
HIGHWAY TO GEOMETRIC AND CONSTRUCTION STANDARDS (WHETHER OR NOT IN
ACCORDANCE WITH SECTION 109(B)) WHICH THE SECRETARY DETERMINES ARE
NECESSARY FOR THE SAFETY OF THE TRAVELING PUBLIC, FOR THE PROTECTION OF
THE ENVIRONMENT, AND FOR THE PRESERVATION OF THE PARK-LIKE AND HISTORIC
CHARACTER OF THE FRANCONIA NOTCH AREA ADJACENT TO THE HIGHWAY. THE
STATE OF NEW HAMPSHIRE, WITH THE CONCURRENCE OF THE SECRETARY, IS
AUTHORIZED TO PERMIT THE USE OF THE ABOVE SECTION OF HIGHWAY TO
SPECIFIED TYPES OF VEHICLES DURING SPECIFIED TIMES OF THE DAY AND OF THE
YEAR.
SEC. 159. (A) THE FOLLOWING SEGMENTS OF THE NATIONAL SYSTEM OF
INTERSTATE AND DEFENSE HIGHWAYS WHICH FORM A CONTINUOUS INTERSTATE
HIGHWAY LINK FROM COAST TO COAST ARE HEREBY DESIGNATED AS THE "DWIGHT D.
EISENHOWER HIGHWAY":
(1) INTERSTATE ROUTE 70 BETWEEN WASHINGTON, DISTRICT OF
COLUMBIA, AND DENVER, COLORADO;
(2) INTERSTATE ROUTE 25 BETWEEN DENVER, COLORADO, AND CHEYENNE,
WYOMING; AND
(3) INTERSTATE ROUTE 80 BETWEEN CHEYENNE, WYOMING, AND SAN
FRANCISCO, CALIFORNIA.
(B) ANY LAW, REGULATION, MAP, DOCUMENT, RECORD, OR OTHER PAPER OF THE
UNITED STATES IN WHICH SUCH SEGMENTS ARE DESIGNATED OR REFERRED TO SHALL
BE HELD TO DESIGNATE OR REFER TO SUCH SEGMENTS AS THE "DWIGHT D.
EISENHOWER HIGHWAY".
SEC. 160. (A) NOTWITHSTANDING THE DEFINITION OF PARKWAYS IN
SUBSECTION (A) OF SECTION 101, //72 STAT. 885.// FUNDS AVAILABLE FOR
PARKWAYS SHALL BE AVAILABLE TO FINANCE THE COST OF RECONSTRUCTION AND
RELOCATION OF ROUTE 25E THROUGH THE CUMBERLAND GAP NATIONAL HISTORICAL
PARK, INCLUDING CONSTRUCTION OF A TUNNEL AND THE APPROACHES THERETO, SO
AS TO PERMIT RESTORATION OF THE GAP AND PROVIDE ADEQUATE TRAFFIC
CAPACITY.
(B) UPON CONSTRUCTION, SUCH HIGHWAY AND TUNNEL AND ALL ASSOCIATED
LANDS AND RIGHTS-OF-WAY SHALL BE TRANSFERRED TO THE NATIONAL PARK
SERVICE AND MANAGED AS PART OF THE CUMBERLAND GAP NATIONAL HISTORICAL
PARK.
SEC. 161. (A) THE SECRETARY OF AGRICULTURE (ACTING THROUGH THE FOREST
SERVICE) IS AUTHORIZED TO DEVELOP AND CONSTRUCT AS A PARKWAY THE
HIGHLAND SCENIC HIGHWAY FROM WEST VIRGINIA STATE ROUTE 39 TO U.S. 250
NEAR BARTON KNOB. //87 STAT. 279// NOTWITHSTANDING SUBSECTION (C) OF
SECTION 103 OF TITLE 23, UNITED STATES CODE, SUCH PARKWAY SHALL BE A
ROUTE ON THE FEDERAL-AID SECONDARY SYSTEM. //ANTE, P. 274.//
(B) THE ROUTE FROM RICHWOOD, WEST VIRGINIA, TO U.S. 250 NEAR BARTON
KNOW, VIA WEST VIRGINIA STATE ROUTE 39 AND THE PARKWAY AUTHORIZED BY
SUBSECTION (A) OF THIS SECTION SHALL BE DESIGNATED AS THE HIGHLAND
SCENIC HIGHWAY.
(C) THE SECRETARY OF AGRICULTURE IS AUTHORIZED TO ACQUIRE
RIGHTS-OF-WAY, LAND CONTAINING SUCH RIGHTS-OF-WAY, AND INTERESTS IN
LAND, INCLUDING SCENIC EASEMENTS AND MINERAL RIGHTS, NECESSARY TO CARRY
OUT THE PURPOSE OF A SCENIC HIGHWAY. IN ADDITION TO THE ACQUISITION OF
SUCH LANDS AND INTERESTS IN LANDS, FUNDS AVAILABLE FOR PARKWAYS SHALL BE
AVAILABLE FOR THE RECLAMATION OF LANDS WITHIN THE SCENIC CORRIDOR OF THE
HIGHLAND SCENIC HIGHWAY.
(D) FUNDS AVAILABLE FOR PARKWAYS SHALL BE AVAILABLE FOR SIGNS ON
INTERSTATE HIGHWAYS. APPALACHIAN HIGHWAYS AND OTHER APPROPRIATE
HIGHWAYS AT NATURAL POINTS OF ACCESS TO SUCH GEOGRAPHIC AREA, INDICATING
THE DIRECTION AND DISTANCE TO THE HIGHLAND SCENIC HIGHWY AND TO RICHWOOD
AS "GATEWAY TO THE HIGHLAND SCENIC HIGHWAY".
(E) FUNDS AVAILABLE FOR PARKWAYS SHALL BE AVAILABLE FOR UPGRADING
THAT PORTION OF WEST VIRGINIA STATE ROUTE 39 DESIGNATED AS THE HIGHLAND
SCENIC HIGHWAY TO APPROPRIATE STANDARDS FOR A SCENIC AND RECREATIONAL
HIGHWAY, INCLUDING THE CONSTRUCTION OF VISTAS AND OTHER SCENIC
IMPROVEMENTS.
(F) THE HIGHLAND SCENIC HIGHWAY AS AUTHORIZED BY SUBSECTION (A) OF
THIS SECTION AND ALL ASSOCIATED LANDS AND RIGHTS-OF-WAY SHALL BE MANAGED
AS PART OF THE MONONGAHELA NATIONAL FOREST, SOLELY FOR SCENIC AND
RECREATIONAL USE AND PASSENGER CAR TRAVEL.
(G) THE HIGHLAND SCENIC HIGHWAY AS AUTHORIZED BY SUBSECTION (A) OF
THIS SECTION SHALL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH
STANDARDS APPROPRIATE FOR A SCENIC HIGHWAY, PROVIDING FOR MODERATE
SPEEDS AND MINIMIZING MODIFICATION TO TOPOGRAPHIC CONTOURS AND NATURAL
DRAINAGE.
(H) CONSTRUCTION OF THE PORTION OF THE HIGHLAND SCENIC HIGHWAY AS
AUTHORIZED BY SUBSECTION (A) OF THIS SECTION WHICH IS PROPOSED TO BE
CONSTRUCTED THROUGH THE UPPER SHAVERS FORK WATERSHED SHALL NOT BE
INITIATED UNTIL--
(1) THE FOREST SERVICE HAS ACQUIRED SUFFICIENT LANDS AND
INTERESTS IN LAND (INCLUDING MINERAL RIGHTS) IN SUCH WATERSHED TO
ASSURE AN ADEQUATE SCENIC CORRIDOR FOR THE HIGHLAND SCENIC HIGHWAY
AND THE CONTROL OF WATER QUALITY IN SHAVERS FORK; AND
(2) THE COMPLETION OF A GEOLOGICAL AND SOIL SURVEY OF ANY
PROPOSED ROUTE, CONDUCTED IN COOPERATION WITH THE DIVISION OF
WATER RESOURCES OF THE WEST VIRGINIA DEPARTMENT OF NATURAL
RESOURCES.
(I) ANY PARKWAY AUTHORIZED IN THE FUTURE TO PROCEED SOUTHWARD IN SUCH
AREA SHALL BEGIN IN THE IMMEDIATE VICINITY OF RICHWOOD, WEST VIRGINIA.
(J) ANY CONNECTION OF THE HIGHLAND SCENIC HIGHWAY AS AUTHORIZED BY
SUBSECTION (A) OF THIS SECTION WITH CORRIDOR H OF THE APPALACHIAN
DEVELOPMENT HIGHWAY SYSTEM OR ANY MORE NORTHERLY SEGMENT OF THE HIGHLAND
SCENIC HIGHWAY SHALL UTILIZE EXISTING ROUTES AND NOT INVOLVE
CONSTRUCTION THROUGH THE MONONGAHELA NATIONAL FOREST BETWEEN U.S. 250
AND CUNNINGHAM KNOB.
SEC. 162. (A) //87 STAT. 280// CHAPTER 3 OF TITLE 23, //ANTE, P.
273.// UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SECTION:
" ^ 324. PROHIBITION OF DISCRIMINATION ON THE BASIS OF SEX
"NO PERSON SHALL ON THE GROUND OF SEX BE EXCLUDED FROM PARTICIPATION
IN, BE DENIED THE BENEFITS OF, OR BE SUBJECTED TO DISCRIMINATION UNDER
ANY PROGRAM OR ACTIVITY RECEIVING FEDERAL ASSISTANCE UNDER THIS TITLE OR
CARRIED ON UNDER THIS TITLE. THIS PROVISION WILL BE ENFORCED THROUGH
AGENCY PROVISIONS AND RULES SIMILAR TO THOSE ALREADY ESTABLISHED, WITH
RESPECT TO RACIAL AND OTHER DISCRIMINATION, UNDER TITLE VI OF THE CIVIL
RIGHTS ACT OF 1964. //78 STAT. 252. 42 USC 2000D.// HOWEVER, THIS
REMEDY IS NOT EXCLUSIVE AND WILL NOT PREJUDICE OR CUT OFF ANY OTHER
LEGAL REMEDIES AVAILABLE TO A DISCRIMINATEE."
(B) THE ANALYSIS OF CHAPTER 3, TITLE 23, UNITED STATES CODE, IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "324. PROHIBITION
OF DISCRIMINATION ON THE BASIS OF SEX.".
SEC. 163. (A) THE SECRETARY OF TRANSPORTATION SHALL ENTER INTO SUCH
ARRANGEMENTS AS MAY BE NECESSARY TO CARRY OUT DEMONSTRATION PROJECTS IN
LINCOLN, NEBRASKA. WHEELING, WEST VIRGINIA, AND ELKO, NEVADA, FOR THE
RELOCATION OF RAILROAD LINES FROM THE CENTRAL AREA OF THE CITIES IN
CONFORMANCE WITH THE METHODOLOGY DEVELOPED UNDER PROPOSALS SUBMITTED TO
THE SECRETARY BY THE RESPECTIVE CITIES. THE CITIES SHALL (1) HAVE A
LOCAL AGENCY WITH LEGAL AUTHORITY TO RELOCATE RAILROAD FACILITIES, LEVY
TAXES FOR SUCH PURPOSE, AND A RECORD OF PRIOR ACCOMPLISHMENT; AND (2)
HAVE A CURRENT RELOCATION PLAN FOR SUCH LINES WHICH HAS A FAVORABLE
BENEFIT-COST RATIO INVOLVING AND HAVING THE UNANIMOUS APPROVAL OF THREE
OR MORE CLASS I RAILROADS IN LINCOLN, NEBRASKA, AND THE TWO CLASS I
RAILROADS IN WHEELING, WEST VIRGINIA, AND ELKO, NEVADA, AND MULTICIVIC,
LOCAL, AND STATE AGENCIES, AND WHICH PROVIDES FOR THE ELIMINATION OF A
SUBSTANTIAL NUMBER OF THE EXISTING RAILWAY-ROAD CONFLICT POINTS WITHIN
THE CITY.
(B) THE SECRETARY OF TRANSPORTATION SHALL CARRY OUT A DEMONSTRATION
PROJECT FOR THE ELIMINATION OR PROTECTION OF CERTAIN PUBLIC GROUNDLEVEL
RAIL-HIGHWAY CROSSINGS IN, OR IN THE VICINITY OF, SPRINGFIELD, ILLINOIS.
(C) THE SECRETARY OF TRANSPORTATION SHALL ENTER INTO SUCH
ARRANGEMENTS AS MAY BE NECESSARY TO CARRY OUT DEMONSTRATION PROJECTS IN
BROWNSVILLE, TEXAS, AND MATAMOROS, MEXICO, FOR THE RELOCATION OF
RAILROAD LINES FROM THE CENTRAL AREA OF THE CITIES IN CONFORMANCE WITH
THE METHODOLOGY DEVELOPED UNDER PROPOSALS SUBMITTED TO THE SECRETARY BY
THE BROWNSVILLE NAVIGATION DISTRICT, PROVIDING FOR THE CONSTRUCTION OF
AN INTERNATIONAL BRIDGE AND FOR THE ELIMINATION OF A SUBSTANTIAL NUMBER
OF EXISTING RAILWAY-ROAD CONFLICT POINTS WITHIN THE CITIES.
(D) THE SECRETARY OF TRANSPORTATION SHALL ENTER INTO SUCH
ARRANGEMENTS AS MAY BE NECESSARY TO CARRY OUT A DEMONSTRATION PROJECT IN
EAST SAINT LOUIS, ILLINOIS, FOR THE RELOCATION OF RAIL LINES BETWEEN
THIRTEENTH AND FORTY-THIRD STREETS, IN ACCORDANCE WITH METHODOLOGY
APPROVED BY THE SECRETARY. THE SECRETARY OF TRANSPORTATION SHALL CARRY
OUT A DEMONSTRATION PROJECT FOR THE RELOCATION OF RAIL LINES IN THE
VICINITY OF CARBONDALE, ILLINOIS.
(E) THE SECRETARY OF TRANSPORTATION SHALL ENTER INTO SUCH
ARRANGEMENTS AS MAY BE NECESSARY TO CARRY OUT A DEMONSTRATION PROJECT IN
NEW ALBANY, INDIANA, FOR THE ELIMINATION OF THE EXISTING RAIL LOOP AND
RELOCATION OF RAIL LINES TO A LOCATION BETWEEN VINCENNES STREET AND EAST
EIGHTH STREET, //87 STAT. 281// IN ACCORDANCE WITH METHODOLOGY APPROVED
BY THE SECRETARY.
(F) THE SECRETARY OF TRANSPORTATION SHALL CARRY OUT DEMONSTRATION
PROJECTS FOR THE CONSTRUCTION OF AN OVERPASS AT THE RAIL-HIGHWAY GRADE
CROSSING ON COTTAGE GROVE AVENUE BETWEEN ONE HUNDRED FORTY-SECOND STREET
AND ONE HUNDRED THIRTY-EIGHTH STREET IN THE VILLAGE OF DOLTON, ILLINOIS,
AND THE CONSTRUCTION OF AN OVERPASS AT THE RAIL-HIGHWAY GRADE CROSSING
AT VERMONT STREET AND THE ROCK ISLAND RAILROAD TRACKS IN THE CITY OF
BLUE ISLAND, ILLINOIS.
(G) THE SECRETARY OF TRANSPORTATION SHALL CARRY OUT A DEMONSTRATION
PROJECT FOR THE ELIMINATION OF THE GROUND LEVEL RAILROAD HIGHWAY
CROSSING ON UNITED STATES ROUTE 69 IN GREENVILLE, TEXAS.
(H) THE SECRETARY OF TRANSPORTATION SHALL CARRY OUT A DEMONSTRATION
PROJECT IN ANOKA, MINNESOTA, FOR THE CONSTRUCTION OF AN UNDERPASS AT THE
SEVENTH AVENUE AND COUNTY ROAD 7 RAILROAD-HIGHWAY GRADE CROSSING.
(I) THE FEDERAL SHARE PAYABLE ON ACCOUNT OF SUCH PROJECTS SHALL BE
THAT PROVIDED IN SECTION 120 OF THIS TITLE. //72 STAT. 898. 23 USC
120.//
(J) THE SECRETARY SHALL MAKE ANNUAL REPORTS AND A FINAL REPORT TO THE
PRESIDENT AND THE CONGRESS WITH RESPECT TO HIS ACTIVITIES PURSUANT TO
THIS SECTION.
(K) THERE IS AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THIS SECTION
(OTHER THAN SUBSECTION (A)) NOT TO EXCEED $15,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, $25,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1975, AND $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976,
EXCEPT THAT TWO-THIRDS OF ALL FUNDS AUTHORIZED AND EXPENDED UNDER
AUTHORITY OF THIS SECTION IN ANY FISCAL YEAR SHALL BE APPROPRIATED OUT
OF THE HIGHWAY TRUST FUND.
(L) THE SECRETARY, IN COOPERATION WITH STATE HIGHWAY DEPARTMENTS AND
LOCAL OFFICIALS, SHALL CONDUCT A FULL AND COMPLETE INVESTIGATION AND
STUDY OF THE PROBLEM OF PROVIDING INCREASED HIGHWAY SAFETY BY THE
RELOCATION OF RAILROAD LINES FROM THE CENTRAL AREA OF CITIES ON A
NATIONWIDE BASIS, AND REPORT TO THE CONGRESS HIS RECOMMENDATIONS
RESULTING FROM SUCH INVESTIGATION AND STUDY NOT LATER THAN JULY 1, 1975,
INCLUDING AN ESTIMATE OF THE COST OF SUCH A PROGRAM. FUNDS AUTHORIZED
TO CARRY OUT SECTION 307 OF TITLE 23, //72 STAT. 913.// UNITED STATES
CODE, ARE AUTHORIZED TO BE USED TO CARRY OUT THE INVESTIGATION AND STUDY
REQUIRED BY THIS SUBSECTION.
SEC. 164. (A) NO FEDERAL FINANCIAL ASSISTANCE SHALL BE PROVIDED UNDER
(1) SUBSECTION (A) OR (C) OF SECTION 142, TITLE 23, UNITED STATES CODE,
//ANTE, P. 259.// (2) PARAGRAPH (4) OF SUBSECTION (E) OF SECTION 103,
TITLE 23, UNITED STATES CODE, //ANTE, P. 269.// OR (3) THE URBAN MASS
TRANSPORTATION ACT OF 1964, //78 STAT. 302. 49 USC 1601 NOTE.// FOR THE
PURCHASE OF BUSES TO ANY APPLICANT FOR SUCH ASSISTANCE UNLESS SUCH
APPLICANT AND THE SECRETARY OF TRANSPORTATION SHALL HAVE FIRST ENTERED
INTO AN AGREEMENT THAT SUCH APPLICANT WILL NOT ENGAGE IN CHARTER BUS
OPERATIONS IN COMPETITION WITH PRIVATE BUS OPERATORS OUTSIDE OF THE AREA
WITHIN SUCH APPLICANT PROVIDES REGULARLY SCHEDULED MASS TRANSPORTATION
SERVICE. A VIOLATION OF SUCH AGREEMENT SHALL BAR SUCH APPLICANT FROM
RECEIVING ANY OTHER FEDERAL FINANCIAL ASSISTANCE UNDER THOSE PROVISIONS
OF LAW REFERRED TO IN CLAUSES (1), (2), AND (3) OF THIS SUBSECTION.
(B) NO FEDERAL FINANCIAL ASSISTANCE SHALL BE PROVIDED UNDER (1)
SUBSECTION (A) OR (C) OF SECTION 142, TITLE 23, UNITED STATES CODE, (2)
PARAGRAPH (4) OF SUBSECTION (E) OF SECTION 103, TITLE 23, UNITED STATES
CODE, OR (3) THE URBAN MASS TRANSPORTATION ACT OF 1964, FOR THE PURCHASE
OF BUSES TO ANY APPLICANT FOR SUCH ASSISTANCE UNLESS SUCH APPLICANT AND
THE SECRETARY OF TRANSPORTATION SHALL HAVE FIRST ENTERED INTO AN
AGREEMENT THAT SUCH APPLICANT WILL NOT ENGAGE IN SCHOOL BUS OPERATIONS,
//87 STAT. 282// EXCLUSIVELY FOR THE TRANSPORTATION OF STUDENTS AND
SCHOOL PERSONNEL, IN COMPETITION WITH PRIVATE SCHOOL BUS OPERATORS.
THIS SUBSECTION SHALL NOT APPLY TO AN APPLICANT WITH RESPECT TO
OPERATION OF A SCHOOL BUS PROGRAM IF THE APPLICANT OPERATES A SCHOOL
SYSTEM IN THE AREA TO BE SERVED AND OPERATES A SEPARATE AND EXCLUSIVE
SCHOOL BUS PROGRAM FOR THIS SCHOOL SYSTEM. THIS SUBSECTION SHALL NOT
APPLY UNLESS PRIVATE SCHOOL BUS OPERATORS ARE ABLE TO PROVIDE ADEQUATE
TRANSPORTATION, AT REASONABLE RATES, AND IN CONFORMANCE WITH APPLICABLE
SAFETY STANDARDS, AND THIS SUBSECTION SHALL NOT APPLY WITH RESPECT TO
ANY STATE OR LOCAL PUBLIC BODY OR AGENCY THEREOF IF IT (OR A DIRECT
PREDECESSOR IN INTEREST FROM WHICH IT ACQUIRED THE FUNCTION OF SO
TRANSPORTING SCHOOL CHILDREN AND PERSONNEL ALONG WITH FACILITIES TO BE
USED THEREFOR) WHO SO ENGAGED IN SCHOOL BUS OPERATIONS ANY TIME DURING
THE TWELVE-MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE ENACTMENT
OF THIS SUBSECTION. A VIOLATION OF AN AGREEMENT UNDER THIS SUBSECTION
SHALL BAR SUCH APPLICANT FROM RECEIVING ANY OTHER FEDERAL FINANCIAL
ASSISTANCE UNDER THOSE PROVISIONS OF LAW REFERRED TO IN CLAUSES (1),
(2), AND (3) OF THIS SUBSECTION.
SEC. 165. (A) THE SECRETARY OF TRANSPORTATION SHALL REQUIRE THAT
BUSES ACQUIRED WITH FEDERAL FINANCIAL ASSISTANCE UNDER (1) SUBSECTION
(A) OR (C) OF SECTION 142 OF TITLE 23, UNITED STATES CODE, //ANTE, P.
159.// (2) PARAGRAPH (4) OF SUBSECTION (E) OF SECTION 103, TITLE 23,
UNITED STATES CODE, //ANTE, P. 269.// OR (3) SECTION 147 OF THE
FEDERAL-AID HIGHWAY ACT OF 1973 //ANTE, P. 274.// MEET THE STANDARDS
PRESCRIBED BY THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
UNDER SECTION 202 OF THE CLEAN AIR ACT, //84 STAT. 1690. 42 USC
1857F-1// AND UNDER SECTION 6 OF THE NOISE CONTROL ACT OF 1972, //86
STAT. 1237. 42 USC 4905.// AND SHALL AUTHORIZE THE ACQUISITION, WHEREVER
PRACTICABLE, OF BUSES WHICH MEET THE SPECIAL CRITERIA FOR LOW-EMISSION
VEHICLES SET FORTH IN SECTION 212 OF THE CLEAN AIR ACT, AND FOR
LOW-NOISE-EMISSION PRODUCTS SET FORTH IN SECTION 15 OF THE NOISE CONTROL
ACT OF A972. //84 STAT. 1700. 42 USC 1857F-6E.//
(B) THE SECRETARY OF TRANSPORTATION SHALL ASSURE THAT PROJECTS
RECEIVING FEDERAL FINANCIAL ASSISTANCE UNDER (1) SUBSECTION (A) OR (C)
OF SECTION 142 OF TITLE 23, UNITED STATES CODE, //86 STAT. 1245. 42 USC
4914.// (2) PARAGRAPH (4) OF SUBSECTION (E) OF SECTION 103, TITLE 23,
UNITED STATES CODE, OR (3) SECTION 147 OF THE FEDERAL-AID HIGHWAY ACT OF
1973 SHALL BE PLANNED AND DESIGNED SO THAT MASS TRANSPORTATION
FACILITIES AND SERVICES CAN EFFECTIVELY BE UTILIZED BY ELDERLY AND
HANDICAPPED PERSONS WHO, BY REASON OF ILLNESS, INJURY, AGE, COGENITAL
MALFUNCTION, OR OTHER PERMANENT OR TEMPORARY INCAPACITY OR DISABILITY
ARE UNABLE WITHOUT SPECIAL FACILITIES OR SPECIAL PLANNING OR DESIGN TO
UTILIZE SUCH FACILITIES AND SERVICES AS EFFECTIVELY AS PERSONS NOT SO
AFFECTED.
PUBLIC LAW 93-86, 87 STAT. 221, AGRICULTURE AND CONSUMER PROTECTION
ACT OF 1973.
TO EXTEND AND AMEND THE AGRICULTURAL ACT OF 1970 FOR THE PURPOSE OF
ASSURING CONSUMERS OF PLENTIFUL SUPPLIES OF FOOD AND FIBER AT
REASONABLE PRICES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE AGRICULTURE ACT
OF 1970 IS AMENDED AS FOLLOWS: //84 STAT. 1358. 7 USC 1305//
(1) TITLE I IS AMENDED TO READ AS FOLLOWS:
"SEC. 101. NOTWITHSTANDING ANY OTHER PROVISION OF LAW--
"(1) THE TOTAL AMOUNT OF PAYMENTS WHICH A PERSON SHALL BE ENTITLED TO
RECEIVE UNDER ONE OR MORE OF THE ANNUAL PROGRAMS ESTABLISHED BY TITLES
IV, V, AND VI OF THIS ACT FOR THE 1974 THROUGH 1977 CROPS OF THE
COMMODITIES SHALL NOT EXCEED $20,000.
"(2) THE TERM 'PAYMENTS' AS USED IN THIS SECTION SHALL NOT INCLUDE
LOANS OR PURCHASES, OR ANY PART OF ANY PAYMENT WHICH IS DETERMINED BY
THE SECRETARY TO REPRESENT COMPENSATION FOR RESOURCE ADJUSTMENT OR
PUBLIC ACCESS FOR RECREATION.
"(3) IF THE SECRETARY DETERMINES THAT THE TOTAL AMOUNT OF PAYMENTS
WHICH WILL BE EARNED BY ANY PERSON UNDER THE PROGRAM IN EFFECT FOR ANY
CROP WILL BE REDUCED UNDER THIS SECTION, THE SET-ASIDE ACERAGE FOR THE
FARM OR FARMS ON WHICH SUCH PERSON WILL BE SHARING IN PAYMENTS EARNED
UNDER SUCH PROGRAM SHALL BE REDUCED TO SUCH EXTENT AND IN SUCH MANNER AS
THE SECRETARY DETERMINES WILL BE FAIR AND REASONABLE IN RELATION TO THE
AMOUNT OF THE PAYMENT REDUCTION.
"(4) THE SECRETARY SHALL ISSUE REGULATIONS DEFINING THE TERM 'PERSON'
AND PRESCRIBING SUCH RULES AS HE DETERMINES NECESSARY TO ASSURE A FAIR
AND REASONABLE APPLICATION OF SUCH LIMITATION: //87 STAT. 222//
PROVIDED, THAT THE PROVISIONS OF THIS ACT WHICH LIMIT PAYMENTS TO ANY
PERSON SHALL NOT BE APPLICABLE TO LANDS OWNED BY STATES, POLITICAL
SUBDIVISIONS, OR AGENCIES THEREOF, SO LONG AS SUCH LANDS ARE FARMED
PRIMARILY IN THE DIRECT FURTHERANCE OF A PUBLIC FUNCTION, AS DETERMINED
BY THE SECRETARY. THE RULES FOR DETERMINING WHETHER CORPORATIONS AND
THEIR STOCKHOLDERS MAY BE CONSIDERED AS SEPARATE PERSONS SHALL BE IN
ACCORDANCE WITH THE REGULATIONS ISSUED BY THE SECRETARY ON DECEMBER 18,
1970."
"(2) SECTION 201 IS AMENDED BY-- //7 USC 608C NOTE.//
(A) AMENDING SECTION 201(E) BY STRIKING OUT "1973" AND
INSERTING "1977", AND BY STRIKING OUT "1976" AND INSERTING "1980",
AND
(B) ADDING AT THE END THEREOF THE FOLLOWING:
"(F) THE AGRICULTURAL ADJUSTMENT ACT AS REENACTED AND AMENDED BY THE
AGRICULTURAL MARKETING AGREEMENT ACT OF 1937, AS AMENDED, IS FURTHER
AMENDED BY:
"(1) STRIKING THE PERIOD AT THE END OF SUBSECTION 83(17) //49
STAT. 761. 7 USC 608C.// AND ADDING IN LIEU THEREOF THE FOLLOWING:
':PROVIDED FURTHER, THAT IF ONE-THIRD OR MORE OF THE PRODUCERS AS
DEFINED IN A MILK ORDER APPLY IN WRITING FOR A HEARING ON A
PROPOSED AMENDMENT OF SUCH ORDER, THE SECRETARY SHALL CALL SUCH A
HEARING IF THE PROPOSED AMENDMENT IS ONE THAT MAY LEGALLY BE MADE
TO SUCH ORDER. SUBSECTION (12) OF THIS SECTION SHALL NOT BE
CONSTRUED TO PERMIT ANY COOPERATIVE TO ACT FOR ITS MEMBERS IN AN
APPLICATION FOR A HEARING UNDER THE FOREGOING PROVISO AND NOTHING
IN SUCH PROVISO SHALL BE CONSTRUED TO PRECLUDE THE SECRETARY FROM
CALLING AN AMENDMENT HEARING AS PROVIDED IN SUBSECTION (3) OF THIS
SECTION. THE SECRETARY SHALL NOT BE REQUIRED TO CALL A HEARING ON
ANY PROPOSED AMENDMENT TO AN ORDER IN RESPONSE TO AN APPLICATION
FOR A HEARING ON SUCH PROPOSED AMENDMENT IF THE APPLICATION
REQUESTING THE HEARING IS RECEIVED BY THE SECRETARY WITHIN NINETY
DAYS AFTER THE DATE ON WHICH THE SECRETARY HAS ANNOUNCED HIS
DECISION ON A PREVIOUSLY PROPOSED AMENDMENT TO SUCH ORDER AND THE
TWO PROPOSED AMENDMENTS ARE ESSENTIALLY THE SAME.'
"(2) INSERTING AFTER THE PHRASE 'PURE AND WHOLESOME MILK' IN
SECTION 8C(18) //50 STAT. 247.// THE PHRASE 'TO MEET CURRENT NEEDS
AND FURTHER TO ASSURE A LEVEL OF FARM INCOME ADEQUATE TO MAINTAIN
PRODUCTIVE CAPACITY SUFFICIENT TO MEET ANTICIPATED FUTURE NEEDS'."
(3) SECTION 202 IS AMENDED BY-- //84 STAT. 1361. 7 USC 1446 AND
NOTE.//
(A) STRIKING THE INTRODUCTORY CLAUSE WHICH PRECEDES SECTION
(A):
(B) EFFECTIVE APRIL 1, 1974, INSERTING IN SUBSECTION (B) BEFORE
THE PERIOD AT THE END OF THE FIRST SENTENCE IN THE QUOTATION THE
FOLLOWING: //87 STAT. 222// //87 STAT. 223// "OF PURE AND
WHOLESOME MILK TO MEET CURRENT NEEDS, REFLECT CHANGES IN THE COST
OF PRODUCTION, AND ASSURE A LEVEL OF FARM INCOME ADEQUATE TO
MAINTAIN PRODUCTIVE CAPACITY SUFFICIENT TO MEET ANTICIPATED FUTURE
NEEDS"; AND
(C) INSERTING IN SUBSECTION (B) AFTER THE FIRST SENTENCE IN THE
QUOTATION THE FOLLOWING: "NOTWITHSTANDING THE FOREGOING,
EFFECTIVE FOR THE PERIOD BEGINNING WITH THE DATE OF ENACTMENT OF
THE AGRICULTURE AND CONSUMER PROTECTION ACT OF 1973 AND ENDING ON
MARCH 31, 1975, THE PRICE OF MILK SHALL BE SUPPORTED AT NOT LESS
THAN 80 PER CENTUM OF THE PARTY PRICE THEREFOR."
(4) SECTION 203 IS AMENDED BY STRIKING OUT "1973" AND INSERTING
"1977". //7 USC 1446A.//
(5) SECTION 204 IS AMENDED BY-- //7 USC 4501.//
(A) STRIKING OUT "1973" AND INSERTING "1977"; AND
(B) STRIKING SUBSECTION (B) AND SUBSTITUTING THEREFOR THE
FOLLOWING: //84 STAT. 1362. 7 USC 450J.//
"(B) SECTION 1 OF SAID ACT IS AMENDED TO READ AS FOLLOWS:
"'SECTION 1. THE SECRETARY OF AGRICULTURE IS AUTHORIZED TO MAKE
INDEMNITY PAYMENTS FOR MILK OR COWS PRODUCING SUCH MILK AT A FAIR MARKET
VALUE, TO DAIRY FARMERS WHO HAVE BEEN DIRECTED SINCE JANUARY 1, 1964
(BUT ONLY SINCE THE DATE OF ENACTMENT OF THE AGRICULTURE AND CONSUMER
PROTECTION ACT OF 1973 IN THE CASE OF INDEMNITY PAYMENTS NOT AUTHORIZED
PRIOR TO SUCH DATE OF ENACTMENT), TO REMOVE THEIR MILK, AND TO MAKE
INDEMNITY PAYMENTS FOR DAIRY PRODUCTS AT FAIR MARKET VALUE TO
MANUFACTURERS OF DAIRY PRODUCTS WHO HAVE BEEN DIRECTED SINCE THE DATE OF
ENACTMENT OF THE AGRICULTURAL ACT OF 1970 TO REMOVE THEIR DAIRY PRODUCTS
FROM COMMERCIAL MARKETS BECAUSE OF RESIDUES OF CHEMICALS REGISTERED AND
APPROVED FOR USE BY THE FEDERAL GOVERNMENT AT THE TIME OF SUCH USE.
//84 STAT. 1358. 7 USC 1305 NOTE.// ANY INDEMNITY PAYMENT TO ANY FARMER
SHALL CONTINUE UNTIL HE HAS BEEN REINSTATED AND IS AGAIN ALLOWED TO
DISPOSE OF HIS MILK ON COMMERCIAL MARKETS.'"
(6) TITLE II IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
//84 STAT. 1359.//
"SEC. 205. THE SECRETARY OF AGRICULTURE IS AUTHORIZED AND DIRECTED
TO CARRY OUT A COMPREHENSIVE STUDY TO DETERMINE THE EFFECT UPON DOMESTIC
DAIRY PRODUCERS, HANDLERS, AND PROCESSORS AND UPON CONSUMERS OF
INCREASES IN THE LEVEL OF IMPORTS, IF ANY, OF DAIRY PRODUCTS AND REPORT
HIS FINDINGS, TOGETHER WITH ANY RECOMMENDATIONS HE MAY HAVE WITH RESPECT
TO IMPORT QUOTAS OR OTHER MATTERS, TO THE CONGRESS OF THE UNITED STATES
NO LATER THAN JANUARY 1, 1975. FOR THE PURPOSES OF THIS SECTION DAIRY
PRODUCTS INCLUDE (1) ALL FORMS OF MILK AND DAIRY PRODUCTS, BUTTERFAT,
MILK SOLIDS-NOT-FAT, AND ANY COMBINATION OR MIXTURE THEREOF; //87 STAT.
223// //87 STAT. 224// (2) ANY ARTICLE, COMPOUND, OR MIXTURE CONTAINING
5 PER CENTUM OR MORE OF BUTTERFAT, OR MILK SOLIDS-NOT-FAT, OR ANY
COMBINATIONS OF THE TWO; AND (3) LACTOSE, AND OTHER DERIVATIVES OF
MILK, BUTTERFAT, OR MILK SOLIDS-NOT-FAT, IF IMPORTED COMMERCIALLY FOR
ANY FOOD USE. DAIRY PRODUCTS DO NOT INCLUDE (1) CASEIN, CASEINATES,
INDUSTRIAL CASEIN, INDUSTRIAL CASEINATES, OR ANY OTHER INDUSTRIAL
PRODUCTS, NOT TO BE USED IN ANY FROM FOR ANY FOOD USE, OR AN INGREDIENT
OF FOOD; OR (2) ARTICLES NOT NORMALLY CONSIDERED TO BE DAIRY PRODUCTS,
SUCH AS CANDY, BAKERY GOODS, AND OTHER SIMILAR ARTICLES."
"SEC. 206. THE LEGAL STATUS OF PRODUCER HANDLERS OF MILK UNDER THE
PROVISIONS OF THE AGRICULTURAL ADJUSTMENT ACT, AS REENACTED AND AMENDED
BY THE AGRICULTURAL MARKETING AGREEMENT ACT OF 1937, AS AMENDED, SHALL
BE THE SAME SUBSEQUENT TO THE ADOPTION OF THE AMENDMENTS MADE BY THE
AGRICULTURE ACT OF 1973 AS IT WAS PRIOR THERETO." //48 STAT. 31; 50
STAT. 246. 7 USC 601 NOTE.//
(7) SECTION 301 IS AMENDED BY-- //84 STAT. 1362. 7 USC 1782.//
(A) STRIKING OUT "1973" EACH PLACE IT OCCURS AND INSERTING
"1977", AND BY STRIKING OUT THE WORD "THREE" EACH PLACE IT OCCURS;
AND
(B) ADDING AT THE END THEREOF THE FOLLOWING:
"(6) STRIKE OUT THE FIRST SENTENCE OF SECTION 708 AND INSERT THE
FOLLOWING: //68 STAT. 912. 7 USC 1787.// 'THE SECRETARY OF AGRICULTURE
IS AUTHORIZED TO ENTER INTO AGREEMENTS WITH, OR TO APPROVE AGREEMENTS
ENTERED INTO BETWEEN, MARKETING COOPERATIVES, TRADE ASSOCIATIONS, OR
OTHERS ENGAGED OR WHOSE MEMBERS ARE ENGAGED IN THE HANDLING OF WOOL,
MOHAIR, SHEEP, OR GOATS OR THE PRODUCTS THEREOF FOR THE PURPOSE OF
DEVELOPING AND CONDUCTING ON A NATIONAL, STATE, OR REGIONAL BASIS
ADVERTISING AND SALES PROMOTION PROGRAMS AND PROGRAMS FOR THE
DEVELOPMENT AND DISSEMINATION OF INFORMATION ON PRODUCT QUALITY,
PRODUCTION MANAGEMENT, AND MARKETING IMPROVEMENT, FOR WOOL, MOHAIR,
SHEEP, OR GOATS OR THE PRODUCTS THEREOF. ADVERTISING AND SALES
PROMOTION PROGRAMS MAY BE CONDUCTED OUTSIDE OF THE UNITED STATES FOR THE
PURPOSE OF MAINTAINING AND EXPANDING FOREIGN MARKETS AND USES FOR MOHAIR
OR GOATS OR THE PRODUCTS THEREOF PRODUCED IN THE UNITED STATES.'."
(8) EFECTIVE BEGINNING WITH THE 1974 CROP SECTION 401 IS AMENDED BY
STRIKING OUT "1971, 1972, AND 1973" AND INSERTING "1971 THROUGH 1977"
AND SECTION 107 OF THE AGRICULTURAL ACT OF 1949, AS IT APPEARS THEREIN
IS AMENDED BY-- //84 STAT. 1362. 7 USC 1445A AND NOTE.//
(A) AMENDING SECTION 107(A) TO READ AS FOLLOWS: //84 STAT.
1362. 7 USC 1445A.// //87 STAT. 225//
"(A) LOANS AND PURCHASES ON EACH CROP OF WHEAT SHALL BE MADE
AVAILABLE AT SUCH LEVEL AS THE SECRETARY DETERMINES APPROPRIATE, TAKING
INTO CONSIDERATION COMPETITIVE WORLD PRICES OF WHEAT, THE FEEDING VALUE
OF WHEAT IN RELATION TO FEED GRAINS, AND THE LEVEL AT WHICH PRICE
SUPPORT IS MADE AVAILABLE FOR FEED GRAINS: PROVIDED, THAT IN NO EVENT
SHALL SUCH LEVEL BE IN EXCESS OF THE PARITY PRICE FOR WHEAT OR LESS THAN
$1.37 PER BUSHEL."
(B) SUBSTITUTING THE WORD "PAYMENTS" FOR THE WORD
"CERTIFICATES" IN SECTION 107(B);
(C) STRIKING THE QUOTATION MARK AT THE END OF SECTION 107(B);
AND
(D) ADDING AT THE END OF THE SECTION THE FOLLOWING:
"(C) PAYMENTS SHALL BE MADE FOR EACH CROP OF WHEAT TO THE PRODUCERS
ON EACH FARM IN AN AMOUNT DETERMINED BY MULTIPLYING (1) THE AMOUNT BY
WHICH THE HIGHER OF--
"(1) THE NATIONAL WEIGHTED AVERAGE MARKET PRICE RECEIVED BY
FARMERS DURING THE FIRST FIVE MONTHS OF THE MARKETING YEAR FOR
SUCH CROP, AS DETERMINED BY THE SECRETARY, OR
"(2) THE LOAN LEVEL DETERMINED UNDER SUBSECTION (A) FOR SUCH
CROP
IS LESS THAN THE ESTABLISHED PRICE OF $2.05 PER BUSHEL IN THE CASE OF
THE 1974 AND 1975 CROPS, $2.05 PER BUSHEL ADJUSTED TO REFLECT ANY CHANGE
DURING THE CALENDAR YEAR 1975 IN THE INDEX OF PRICES PAID BY FARMERS FOR
PRODUCTION ITEMS, INTEREST, TAXES, AND WAGE RATES IN THE CASE OF THE
1976 CROP, AND THE ESTABLISHED PRICE FOR THE 1976 CROP ADJUSTED TO
REFLECT ANY CHANGE DURING THE CALENDAR YEAR 1976 IN SUCH INDEX IN THE
CASE OF THE 1977 CROP, TIMES IN EACH CASE (II) THE ALLOTMENT FOR THE
FARM FOR SUCH CROP, TIMES (III) THE PROJECTED YIELD ESTABLISHED FOR THE
FARM WITH SUCH ADJUSTMENTS AS THE SECRETARY DETERMINES NECESSARY TO
PROVIDE A FAIR AND EQUITABLE YIELD: PROVIDED, THAT ANY INCREASE THAT
WOULD OTHERWISE BE MADE IN THE ESTABLISHED PRICE TO REFLECT A CHANGE IN
THE INDEX OF PRICES PAID BY FARMERS SHALL BE ADJUSTED TO REFLECT ANY
CHANGE IN (I) THE NATIONAL AVERAGE YIELD PER ACRE OF WHEAT FOR THE THREE
CLAENDAR YEARS PRECEDING THE YEAR FOR WHICH THE DETERMINATION IS MADE,
OVER (II) THE NATIONAL AVERAGE YIELD PER ACRE OF WHEAT FOR THE THREE
CLAENDAR YEARS PRECEDING THE YEAR PREVIOUS TO THE ONE FOR WHICH THE
DETERMINATION IS MADE. IF THE SECRETARY DETERMINES THAT THE PRODUCERS
ARE PREVENTED FROM PLANTING, ANY PORTION OF THE FARM ACREAGE ALLOTMENT
TO WHEAT OR OTHER NONCONSERVING CROP, BECAUSE OF DROUGHT, FLOOD, OR
OTHER NATURAL DISASTER OR CONDITION BEYOND THE CONTROL OF THE PRODUCER,
THE RATE OF PAYMENT ON SUCH PORTION SHALL BE THE LARGER OF (A) THE
FOREGOING RATE, OR (B) ONE-THIRD OF THE ESTABLISHED PRICE. IF THE
SECRETARY DETERMINES THAT, BECAUSE OF SUCH A DISASTER OR CONDITION, THE
TOTAL QUANTITY OF WHEAT (OR OTHER NONCONSERVING CROP PLANTED INSTEAD OF
WHEAT) WHICH THE PRODUCERS ARE ABLE TO HARVEST ON ANY FARM IS LESS THAN
66 2/3 PERCENT OF THE FARM ACREAGE ALLOTMENT TIMES THE PROJECTED YIELD
OF WHEAT (OR OTHER NONCONSERVING CROP PLANTED INSTEAD OF WHEAT) FOR THE
FARM, THE RATE OF PAYMENT FOR THE DEFICIENCY IN PRODUCTION BELOW 100
PERCENT SHALL BE THE LARGER OF (A) THE FOREGOING RATE, OR (B) ONE-THIRD
OF THE ESTABLISHED PRICE. THE SECRETARY SHALL PROVIDE FOR THE SHARING
OF PAYMENTS MADE UNDER THIS SUBSECTION FOR ANY FARM AMONG THE PRODUCERS
ON THE FARM ON A FAIR AND EQUITABLE BASIS."
(9) SECTION 402 IS AMENDED BY INSERTING "(A)" AFTER THE SECTION
DESIGNATION AND ADDING THE FOLLOWING AT THE END OF THE SECTION: //7 USC
1379B AND NOTE, 1379C AND NOTE.//
"(B)(A) SECTION 379B OF THE AGRICULTURE ADJUSTMENT ACT OF 1938 //84
STAT. 1363. 7 USC 1379B.// (WHICH PROVIDES FOR A WHEAT MARKETING
CERTIFICATE PROGRAM) SHALL NOT BE APPLICABLE TO THE 1974 THROUGH 1977
CROPS OF WHEAT, EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS
SUBSECTION. //87 STAT. 226//
"(B) SECTION 379B(C) OF THE AGRICULTURAL ADJUSTMENT ACT OF 1938, AS
AMENDED BY SUBSECTION (A) OF THIS SECTION (WHICH PROVIDES FOR A
SET-ASIDE PROGRAM), SHALL BE EFFECTIVE WITH RESPECT TO THE 1974 THROUGH
1977 CROPS OF WHEAT WITH THE FOLLOWING CHANGES:
"(I) THE PHRASE 'PAYMENTS AUTHORIZED BY SECTION 107(C) OF THE
AGRICULTURAL ACT OF 1949' //ANTE, P. 225.// SHALL BE SUBSTITUTED
FOR THE WORD 'CERTIFICATES' AND THE PHRASES 'CERTIFICATES
AUTHORIZED IN SUBSECTION (B)' AND 'MARKETING CERTIFICATES' EACH
PLACE THEY OCCUR.
"(II) THE WORD 'DOMESTIC' SHALL BE STRICKEN EACH PLACE IT
OCCURS.
"(III) THE SECOND SENTENCE OF SECTION 379B(C)(1) IS AMENDED TO
READ AS FOLLOWS: 'IF A SET-ASIDE OF CROPLAND IS IN EFFECT UNDER
THIS SUBSECTION (C), THEN AS A CONDITION OF ELIGIBILITY FOR LOANS,
PURCHASES, AND PAYMENTS AUTHORIZED BY SECTION 107(C) OF THE
AGRICULTURAL ACT OF 1949, THE PRODUCERS ON A FARM MUST SET ASIDE
AND DEVOTE TO APPROVED CONSERVATION USES IN ACREAGE OF CROPLAND
EQUAL TO (I) SUCH PERCENTAGE OF THE WHEAT ALLOTMENT FOR THE FARM
AS MAY BE SPECIFIED BY THE SECRETARY AND WILL BE ESTIMATED BY THE
SECRETARY TO RESULT IN A SET-ASIDE NOT IN EXCESS OF THIRTEEN AND
THREE-TENTHS MILLION ACRES IN THE CASE OF THE 1971 CROP; PLUS, IF
REQUIRED BY THE SECRETARY, (II) THE ACREAGE OF CROPLAND ON THE
FARM DEVOTED IN PRECEDING YEARS TO SOIL CONSERVING USES, AS
DETERMINED BY THE SECRETARY.'
"(IV) 'THE THIRD SENTENCE IN 379B(C) (1) IS AMENDED TO READ AS
FOLLOWS: 'THE SECRETARY IS AUTHORIZED FOR THE 1974 THROUGH 1977
CROPS TO LIMIT THE ACREAGE PLANTED TO WHEAT ON THE FARM TO A
PERCENTAGE OF THE ACREAGE ALLOTMENT.'
"(V) '1971 THROUGH 1977' SHALL BE SUBSTITUTED FOR "1971, 1972,
AND 1973' EACH PLACE IT OCCURS OTHER THAN IN THE THIRD SENTENCE OF
SECTION 379B (C) (1).
"(VI) THE LAST SENTENCE OF SECTION 379B(C) (1) IS AMENDED TO
READ AS FOLLOWS: 'THE SECRETARY SHALL PERMIT PRODUCERS TO PLANT
AND GRAZE ON SET-ASIDE ACREAGE SWEET SORGHUM, AND THE SECRETARY
MAY PERMIT, SUBJECT TO SUCH TERMS AND CONDITIONS AS HE MAY
PRESCRIBE, ALL OR ANY OF THE SET-ASIDE ACREAGE TO BE DEVOTED TO
HAY AND GRAZING OR THE PRODUCTION OF GUAR, SESAME, SAFFLOWER,
SUNFLOWER, CASTOR BEANS, MUSTARD SEED, CRAMBE, PLANTAGO OVATO,
FLAXSEED, TRITICALE, OATS, RYE OR OTHER COMMODITY. IF HE
DETERMINES THAT SUCH PRODUCTION IS NEEDED TO PROVIDE AN ADEQUATE
SUPPLY, IS NOT LIKELY TO INCREASE THE COST OF THE PRICE-SUPPORT
PROGRAM, AND WILL NOT ADVERSELY AFFECT FARM INCOME.'
"(VII) AFTER THE SECOND SENTENCE OF SECTION 379B (C) (3) THE
FOLLOWING SHALL BE INSERTED: 'THE SECRETARY MAY, IN THE CASE OF
PROGRAMS FOR THE 1974 THROUGH 1977 CROPS, PAY AN APPROPRIATE SHARE
OF THE COST OF PRACTICES DESIGNED TO CARRY OUT THE PURPOSES OF THE
FOREGOING SENTENCES.'
"(C) SECTIONS 379B (D), (E), (G), AND (I) OF THE AGRICULTURAL
ADJUSTMENT ACT OF 1938, //84 STAT. 1364.// AS AMENDED BY SUBSECTION (A)
OF THIS SECTION, SHALL BE EFFECTIVE FOR THE 1974 THROUGH 1977 CROPS
AMENDED TO READ AS FOLLOWS:
"'(D) THE SECRETARY SHALL PROVIDE FOR THE SHARING OF PAYMENTS MADE
UNDER THIS SECTION FOR ANY FARM AMONG PRODUCERS ON THE FARM ON A FAIR
AND EQUITABLE BASIS.
"'(E) IN ANY CASE IN WHICH THE FAILURE OF A PRODUCER TO COMPLY FULLY
WITH THE TERMS AND CONDITIONS OF THE PROGRAM FORMULATED UNDER THIS
SECTION PRECLUDES THE MAKING OF LOANS, PURCHASES, AND PAYMENTS, THE
SECRETARY MAY, NEVERTHELESS, MAKE SUCH LOANS, PURCHASES, AND PAYMENTS IN
SUCH AMOUNTS AS HE DETERMINES TO BE EQUITABLE IN RELATION TO THE
SERIOUSNESS OF THE DEFAULT. //87 STAT. 227//
"'(G) THE SECRETARY IS AUTHORIZED TO ISSUE SUCH REGULATIONS AS HE
DETERMINES NECESSARY TO CARRY OUT THE PROVISIONS OF THIS TITLE.
"'(I) THE SECRETARY SHALL CARRY OUT THE PROGRAM AUTHORIZED BY THIS
SECTION THROUGH THE COMMODITY CREDIT CORPORATION.'
"(D) SECTION 379C OF THE AGRICULTURAL ADJUSTMENT ACT OF 1938, //84
STAT. 1364. 7 USC 1379C.// EFFECTIVE ONLY WITH RESPECT TO THE 1974
THROUGH 1977 CROPS OF WHEAT IS AMENDED TO READ AS FOLLOWS:
"'SEC. 379C. (A) (1) THE FARM ACREAGE ALLOTMENT FOR EACH CROP OF
WHEAT SHALL BE DETERMINED AS PROVIDED IN THIS SECTION. THE SECRETARY
SHALL PROCLAIM THE NATIONAL ACREAGE ALLOTMENT NOT LATER THAN APRIL 15 OF
EACH CALENDAR YEAR FOR THE CROP HARVESTED IN THE NEXT SUCCEEDING
CALENDAR YEAR. SUCH NATIONAL ALLOTMENT SHALL BE THE NUMBER OF ACRES HE
DETERMINES ON THE BASIS OF THE ESTIMATED NATIONAL AVERAGE YIELD FOR THE
CROP FOR WHICH THE DETERMINATION IS BEING MADE WILL PRODUCE THE QUANTITY
(LESS IMPORT) THAT HE ESTIMATES THAT WILL BE UTILIZED DOMESTICALLY AND
FOR EXPORT DURING THE MARKETING YEAR FOR SUCH CROP. IF THE SECRETARY
DETERMINES THAT CARRYOVER STOCKS ARE EXCESSIVE OR AN INCREASE IN STOCKS
IS NEEDED TO ASSURE A DESIRABLE CARRYOVER, HE MAY ADJUST THE ALLOTMENT
BY THE AMOUNT HE DETERMINES WILL ACCOMPLISH THE DESIRED DECREASE OR
INCREASE IN CARRYOVER STOCKS. THE NATIONAL ACREAGE ALLOTMENT FOR ANY
CROP OF WHEAT SHALL BE APPORTIONED BY THE SECRETARY AMONG THE STATES ON
THE BASIS OF THE APPORTIONMENT TO EACH STATE OF THE NATIONAL ACREAGE
ALLOTMENT FOR THE PRECEDING CROP (1973 NATIONAL DOMESTIC ALLOTMENT IN
THE CASE OF APPORTIONMENT OF THE 1974 NATIONAL ACREAGE ALLOTMENT)
ADJUSTED TO THE EXTENT DEEMED NECESSARY BY THE SECRETARY TO ESTABLISH A
FAIR AND EQUITABLE APPORTIONMENT BASE FOR EACH STATE, TAKING INTO
CONSIDERATION ESTABLISHED CROP ROTATION PRACTICES, THE ESTIMATED
DECREASE IN FARM ACREAGE ALLOTMENTS, AND OTHER RELEVANT FACTORS.
"'(2) THE STATE ACREAGE ALLOTMENT FOR WHEAT, LESS A RESERVE OF NOT TO
EXCEED 1 PER CENTUM THEREOF FOR APPORTIONMENT AS PROVIDED IN THIS
SUBSECTION, SHALL BE APPORTIONED BY THE SECRETARY AMONG THE COUNTIES IN
THE STATE, ON THE BASIS OF THE APPORTIONMENT TO EACH SUCH COUNTY OF THE
WHEAT ALLOTMENT FOR THE PRECEDING CROP, ADJUSTED TO THE EXTENT DEEMED
NECESSARY BY THE SECRETARY IN ORDER TO ESTABLSIH A FAIR AND EQUITABLE
APPORTIONMENT BASE FOR EACH COUNTY TAKING INTO CONSIDERATION ESTABLISHED
CROP-ROTATION PRACTICES, THE ESTIMATED DECREASE IN FARM ALLOTMENTS, AND
OTHER RELEVANT FACTORS.
"'(3) THE FARM ALLOTMENT FOR EACH CROP OF WHEAT SHALL BE DETERMINED
BY APPORTIONING THE COUNTY WHEAT ALLOTMENT AMONG FARMS IN THE COUNTY
WHICH HAD A WHEAT ALLOTMENT FOR THE PRECEDING CROP ON THE BASIS OF SUCH
ALLOTMENT, ADJUSTED TO REFLECT ESTABLISHED CROP-ROTATION PRACTICES AND
SUCH OTHER FACTORS AS THE SECRETARY DETERMINES SHOULD BE CONSIDERED FOR
THE PURPOSE OF ESTABLISHING A FAIR AND EQUITABLE ALLOTMENT.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION, THE FARM
ALLOTMENT SHALL BE ADJUSTED DOWNWARD TO THE EXTENT REQUIRED BY
SUBSECTION (B).
"'(4) NOT TO EXCEED 1 PER CENTUM OF THE STATE ALLOTMENT FOR ANY CROP
MAY BE APPORTIONED TO FARMS FOR WHICH THERE WAS NO ALLOTMENT FOR THE
PRECEDING CROP ON THE BASIS OF THE FOLLOWING FACTORS: SUITABILITY OF
THE LAND FOR PRODUCTION OF WHEAT, THE PAST EXPERIENCE OF THE FARM
OPERATOR IN THE PRODUCTION OF WHEAT, THE EXTENT TO WHICH THE FARM
OPERATOR IS DEPENDENT ON INCOME FROM FARMING FOR HIS LIVELIHOOD, THE
PRODUCTION OF WHEAT ON OTHER FARMS OWNED, OPERATED, OR CONTROLLED BY THE
FARM OPERATOR, AND SUCH OTHER FACTORS AS THE SECRETARY DETERMINES SHOULD
BE CONSIDERED FOR THE PURPOSE OF ESTABLISHING FAIR AND EQUITABLE FARM
ALLOTMENTS. NO PART OF SUCH RESERVE SHALL BE APPORTIONED TO A FARM TO
REFLECT NEW CROPLAND BROUGHT INTO PRODUCTION AFTER THE DATE OF ENACTMENT
OF THE SET-ASIDE PROGRAM FOR WHEAT. //87 STAT. 228//
"'(5) THE PLANTING ON A FARM OF WHEAT OF ANY CROP FOR WHICH NO FARM
ALLOTMENT WAS ESTABLISHED SHALL NOT MAKE THE FARM ELIGIBLE FOR AN
ALLOTMENT UNDER SUBSECTION (A)(3) NOR SHALL SUCH FARM BY REASON OF SUCH
PLANTING BE CONSIDERED INELIGIBLE FOR AN ALLOTMENT UNDER SUBSECTION
(A)(4).
"'(6) THE SECRETARY MAY MAKE SUCH ADJUSTMENTS IN ACREAGE UNDER THIS
ACT AS HE DETERMINES NECESSARY TO CORRECT FOR ABNORMAL FACTORS AFFECTING
PRODUCTION, AND TO GIVE DUE CONSIDERATION TO TILLABLE ACREAGE, CROP
ROTATION PRACTICES, TYPES OF SOIL, SOIL AND WATER CONSERVATION MEASURES,
AND TOPOGRAPHY, AND IN ADDITION, IN THE CASE OF CONSERVING USE ACREAGES
TO SUCH OTHER FACTORS AS HE DEEMS NECESSARY IN ORDER TO ESTABLISH A FAIR
AND EQUITABLE CONSERVING USE ACREAGE FOR THE FARM.
"'(B)(1) IF FOR ANY CROP THE TOTAL ACREAGE OF WHEAT PLANTED ON A FARM
IS LESS THAN THE FARM ALLOTMENT, THE FARM ALLOTMENT USED AS A BASE FOR
THE SUCCEEDING CROP SHALL BE REDUCED BY THE PERCENTAGE BY WHICH SUCH
PLANTED ACREAGE WAS LESS THAN SUCH FARM ALLOTMENT, BUT SUCH REDUCTION
SHALL NOT EXCEED 20 PER CENTUM OF THE FARM ALLOTMENT FOR THE PRECEDING
CROP. IF NO ACREAGE HAS BEEN PLANTED TO WHEAT FOR THREE CONSECUTIVE
CROP YEARS ON ANY FARM WHICH HAS AN ALLOTMENT, SUCH FARM SHALL LOSE ITS
ALLOTMENT. PRODUCERS ON ANY FARM WHO HAVE PLANTED TO WHEAT NOT LESS
THAN 90 PER CENTUM OF THE ALLOTMENT FOR THE FARM SHALL BE CONSIDERED TO
HAVE PLANTED AN ACREAGE EQUAL TO 100 PER CENTUM OF SUCH ALLOTMENT. AN
ACREAGE ON THE FARM WHICH THE SECRETARY DETERMINES WAS NOT PLANTED TO
WHEAT BECAUSE OF DROUGHT, FLOOD, OR OTHER NATURAL DISASTER OR CONDITION
BEYOND THE CONTROL OF THE PRODUCER SHALL BE CONSIDERED TO BE AN ACREAGE
OF WHEAT PLANTED FOR HARVEST. FOR THE PURPOSE OF THIS SUBSECTION, THE
SECRETARY MAY PERMIT PRODUCERS OF WHEAT TO HAVE ACREAGE DEVOTED TO
SOYBEANS, FEED GRAINS FOR WHICH THERE IS A SET-ASIDE PROGRAM IN EFFECT,
GUAR, CASTOR BEANS, COTTON, TRITICALE, OATS, RYE, OR SUCH OTHER CROPS AS
THE SECRETARY MAY DEEM APPROPRIATE CONSIDERED AS DEVOTED TO THE
PRODUCTION OF WHEAT TO SUCH EXTENT AND SUBJECT TO SUCH TERMS AND
CONDITIONS AS THE SECRETARY DETERMINES WILL NOT IMPAIR THE EFFECTIVE
OPERATION OF THE PROGRAM.
"'(2) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (B)(1), NO FARM
ALLOTMENT SHALL BE REDUCED OR LOST THROUGH FAILURE TO PLANT THE FARM
ALLOTMENT, IF THE PRODUCER ELECTS NOT TO RECEIVE PAYMENTS FOR THE
PORTION OF THE FARM ALLOTMENT NOT PLANTED, TO WHICH HE WOULD OTHERWISE
BE ENTITLED UNDER THE PROVISIONS OF SECTION 107(C) OF THE AGRICULTURAL
ACT OF 1949.'" //ANTE, P. 225.//
(10) SECTION 403 IS AMENDED BY INSERTING "(A)" AFTER THE SECTION
DESIGNATION AND BY INSERTING AT THE END THEREOF THE FOLLOWING: //84
STAT. 1366. 7USC 1379D AND NOTE, 1379E AND NOTE.//
"(B) SECTIONS 379D, 379E, 379F, 379G, 379H, 379I, AND 379J OF THE
AGRICULTURAL ADJUSTMENT ACT OF 1938 //7 USC 1369F- 1379J.// (WHICH DEALS
WITH MARKETING CERTIFICATE REQUIREMENTS FOR PROCESSORS AND EXPORTERS)
SHALL NOT BE APPLICABLE TO WHEAT PROCESSED OR EXPORTED DURING THE PERIOD
JULY 1, 1973 THROUGH JUNE 30, 1978; AND SECTION 379G IS AMENDED BY
ADDING THE FOLLOWING NEW SUBSECTION (C): //76 STAT. 629; 79 STAT.
1203.//
"(C) THE SECRETARY IS AUTHORIZED TO TAKE SUCH ACTION AS HE DETERMINES
TO BE NECESSARY TO FACILITATE THE TRANSITION FROM THE CERTIFICATE
PROGRAM PROVIDED FOR UNDER SECTION 379D TO A PROGRAM UNDER WHICH NO
CERTIFICATES ARE REQUIRED. //78 STAT. 181; 86 STAT. 1366.//
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH AUTHORITY SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO THE AUTHORITY TO EXEMPT ALL OR A
PORTION OF WHEAT OR FOOD PRODUCTS MADE THEREFROM IN THE CHANNELS OF
TRADE ON JULY 1, 1973, //87 STAT. 229// FROM THE MARKETING RESTRICTIONS
IN SUBSECTION (B) OF SECTION 379D, //78 STAT. 181; 86 STAT. 1366. 7 USC
1379D.// OR TO SELL CERTIFICATES TO PERSONS OWNING SUCH WHEAT OR FOOD
PRODUCTS MADE THEREFROM AT SUCH PRICE AND UNDER SUCH TERMS AND
CONDITIONS AS THE SECRETARY MAY DETERMINE. ANY SUCH CER IFICATE SHALL
BE ISSUED BY THE COMMODITY CREDIT CORPORATION. NOTHING HEREIN SHALL
AUTHORIZE THE SECRETARY TO REQUIRE CERTIFICATES ON WHEAT PROCESSED AFTER
JUNE 30, 1973."
(11) SECTION 404 IS AMENDED BY STRIKING "1971, 1972, AND 1973"
WHEREVER IT APPEARS AND INSERTING "1971 THROUGH 1977" AND BY STRIKING
"1972 AND 1973" AND INSERTING "1972 THROUGH 1977". //84 STAT. 1366. 7
USC 1331 - 1339, 1378, 1379, 1385//
(12)(A) SECTION 405 IS AMENDED BY STRIKING OUT "1971, 1972, AND 1973"
AND INSERTING "1971 THROUGH 1977"; AND BY REPEALING PARAGRAPH (2)
EFFECTIVE WITH THE 1974 CROP; BY INSERTING "(A)" AFTER THE SECTION
DESIGNATION; BY CHANGING THE PERIOD AND QUOTATION MARK AT THE END OF
THE SECTION TO A SEMICOLON; AND BY ADDING AT THE END OF THE SECTION THE
FOLLOWING: //79 STAT. 1210; 84 STAT. 1366. 7 USC 1305 AND NOTE.//
"(B) EFFECTIVE WITH RESPECT TO THE 1974 THROUGH 1977 CROPS, SECTION
301(B) (13) (K) //79 STAT. 1205. 7 USC 1301.// OF THE AGRICULTURAL
ADJUSTMENT ACT OF 1938 IS AMENDED BY ADDING AFTER 'THREE CALENDAR YEARS'
THE FOLLOWING: '(FIVE CALENDAR YEARS IN THE CASE OF WHEAT)', AND
SECTION 708 OF PUBLIC LAW 89 - 321 IS AMENDED BY INSERTING IN THE SECOND
SENTENCE AFTER 'DETERMINING THE PROJECTED YIELD' THE FOLLOWING //79
STAT. 1211. 7 USC 1306.// '(EXCEPT THAT IN THE CASE OF WHEAT, IF THE
YIELD IS ABNORMALLY LOW IN ANY ONE OF HE CALENDAR YEARS OF THE BASE
PERIOD BECAUSE OF DROUGHT, FLOOD, OR OTHER NATURAL DISASTER, THE
SECRETARY SHALL TAKE INTO ACCOUNT THE ACTUAL YIELD PROVED BY THE
PRODUCER IN THE OTHER FOUR YEARS OF SUCH BASE PERIOD)'."
(13) SECTION 406 IS AMENDED BY STRIKING OUT "1971, 1972, AND 1973"
AND INSERTING "1971 THROUGH 1977". //84 STAT. 1367. 7 USC 1330 NOTE,
1340 NOTE.//
(14) SECTION 407 OF THE AGRICULTURAL ACT OF 1970 IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING: //7 USC 1379C NOTE.//
"NOTWITHSTANDING THE FOREGOING, THE SECRETARY MAY AUTHORIZE RELEASE OF
WHEAT STORED BY A PRODUCER UNDER SECTION 379C(B) OF THE AGRICULTURAL
ADJUSTMENT ACT OF 1938, //ANTE, P. 227.// AS AMENDED, PRIOR TO THE 1971
CROP, WHENEVER HE DETERMINES SUCH RELEASE WILL NOT SIGNIFICANTLY AFFECT
MARKET PRICES FOR WHEAT. AS A CONDITION OF RELEASE, THE SECRETARY MAY
REQUIRE A REFUND OF SUCH PORTION OF THE VALUE OF CERTIFICATES RECEIVED
IN THE CROP YEAR THE EXCESS WHEAT WAS PRODUCED AS HE DEEMS APPROPRIATE
CONSIDERING THE PERIOD OF TIME THE EXCESS WHEAT HAS BEEN IN STORAGE AND
THE NEED TO PROVIDE FAIR AND EQUITABLE TREATMENT AMONG ALL WHEAT PROGRAM
PARTICIPANTS.".
(15) SECTION 408 IS AMENDED BY STRIKING OUT "1971, 1972, AND 1973"
AND INSERTING "1971 THROUGH 1977". //84 STAT. 1367. 7 USC 1428 AND
NOTE.//
(16) SECTION 409 IS AMENDED BY STRIKING OUT "1971, 1972, AND 1973"
AND INSERTING "1971 THROUGH 1977". //87 STAT. 230// //84 STAT. 1367. 7
USC 1427 AND NOTE.//
(17) SECTION 410 IS AMENDED BY STRIKING OUT "1971, 1972, AND 1973"
AND INSERTING "1972 THROUGH 1977". //7 USC 1334A-1.//
(18) EFFECTIVE ONLY WITH RESPECT TO THE 1974 THROUGH 1977 CROPS OF
FEED GRAINS, SECTION 501 IS AMENDED BY --
(A) STRIKING OUT THAT PORTION THROUGH THE FIRST COLON AND
SECTION 105(A) OF THE AGRICULTURAL ACT OF 1949, //84 STAT. 1368.
7 USC 1441 NOTE.// AS IT APPEARS THEREIN, AND INSERTING THE
FOLLOWING:
"SEC. 501. (A) EFFECTIVE ONLY WITH RESPECT TO THE 1971 THROUGH 1977
CROPS OF FEED GRAINS, SECTION 105(A) OF THE AGRICULTURAL ACT OF 1949, AS
AMENDED IS FURTHER AMENDED TO READ AS FOLLOWS:
"'SEC. 105. NOTWITHSTANDING ANY OTHER PROVISION OF LAW--
"'(A)(1) THE SECRETARY SHALL MAKE AVAILABLE TO PRODUCERS LOANS AND
PURCHASES ON EACH CROP OF CORN AT SUCH LEVEL, NOT LESS THAN $1.10 PER
BUSHEL NOR IN EXCESS OF 90 PER CENTUM OF THE PARITY PRICE THEREFOR, AS
THE SECRETARY DETERMINES WILL ENCOURAGE THE EXPORTATION OF FEED GRAINS
AND NOT RESULT IN EXCESSIVE TOTAL STOCKS OF FEED GRAINS IN THE UNITED
STATES.
"'(2) THE SECRETARY SHALL MAKE AVAILABLE TO PRODUCERS LOANS AND
PURCHASES ON EACH CROP OF BARLEY, OATS, AND RYE, RESPECTIVELY, AT SUCH
LEVEL AS THE SECRETARY DETERMINES IS FAIR AND REASONABLE IN RELATION TO
THE LEVEL THAT LOANS AND PURCHASES ARE MADE AVAILABLE FOR CORN, TAKING
INTO CONSIDERATION THE FEEDING VALUE OF SUCH COMMODITY IN RELATION TO
CORN AND OTHER FACTORS SPECIFIED IN SECTION 401(B), AND ON EACH CROP OF
GRAIN SORGHUMS AT SUCH LEVEL AS THE SECRETARY DETERMINES IS FAIR AND
REASONABLE IN RELATION TO THE LEVEL THAT LOANS AND PURCHASES ARE MADE
AVAILABLE FOR CORN, TAKING INTO CONSIDERATION THE FEEDING VALUE AND
AVERAGE TRANSPORTATION COSTS TO MARKET OF GRAIN SORGHUMS IN RELATION TO
CORN.'." //63 STAT. 1054; 78 STAT. 175. 7 USC 1421.//
(B) ADDING AT THE END THEREOF THE FOLLOWING:
"(B) EFFECTIVE ONLY WITH RESPECT TO THE 1974 THROUGH 1977 CROPS OF
FEED GRAINS, SECTION 105(B) OF THE AGRICULTURAL ACT OF 1949, AS AMENDED,
IS FURTHER AMENDED TO READ AS FOLLOWS:
"'(B)(1) IN ADDITION, THE SECRETARY SHALL MAKE AVAILABLE TO PRODUCERS
PAYMENTS FOR EACH CROP OF CORN, GRAIN SORGHUMS, AND, IF DESIGNATED BY
THE SECRETARY, BARLEY, COMPUTED BY MULTIPLYING (1) THE PAYMENT RATE,
TIMES (2) THE ALLOTMENT FOR THE FARM FOR SUCH CROP, TIMES (3) THE YIELD
ESTABLISHED FOR THE FARM FOR THE PRECEDING CROP WHICH SUCH ADJUSTMENTS
AS THE SECRETARY DETERMINES NECESSARY TO PROVIDE A FAIR AND EQUITABLE
YIELD. THE PAYMENT RATE FOR CORN SHALL BE THE AMOUNT BY WHICH THE
HIGHER OF--
"'(1) THE NATIONAL WEIGHTED AVERAGE MARKET PRICE RECEIVED BY
FARMERS DURING THE FIRST FIVE MONTHS OF THE MARKETING YEAR FOR
SUCH CROP, AS DETERMINED BY THE SECRETARY, OR
"'(2) THE LOAN LEVEL DETERMINED UNDER SUBSECTION (A) FOR SUCH
CROP
IS LESS THAN THE ESTABLISHED PROCE OF $1.38 PER BUSHEL IN THE CASE OF
THE 1974 AND 1975 CROPS, $1.38 PER BUSHEL ADJUSTED TO REFLECT ANY CHANGE
DURING THE CALENDAR YEAR 1975 IN THE INDEX OF PRICES PAID BY FARMERS FOR
PRODUCTION ITEMS, //87 STAT. 231// INTEREST, TAXES, AND WAGE RATES IN
THE CASE OF THE 1976 CROP, AND THE ESTABLISHED PRICE FOR THE 1976 CROP
ADJUSTED TO REFLECT ANY CHANGE DURING THE CALENDAR YEAR 1976 IN SUCH
INDEX IN THE CASE OF THE 1977 CROP: PROVIDED, THAT ANY INCREASE THAT
WOULD OTHERWISE BE MADE IN THE ESTABLISHED PRICE TO REFLECT A CHANGE IN
THE INDEX OF PRICES PAID BY FARMERS SHALL BE ADJUSTED TO REFLECT ANY
CHANGE IN (I) THE NATIONAL AVERAGE YIELD PER ACRE OF FEED GRAINS FOR THE
THREE CALENDAR YEARS PRECEDING THE YEAR FOR WHICH THE DETERMINATION IS
MADE, OVER (II) THE NATIONAL AVERAGE YIELD PER ACRE OF FEED GRAINS FOR
THE THREE CALENDAR YEARS PRECEDING THE YEAR PREVIOUS TO THE ONE FOR
WHICH THE DETERMINATION IS MADE. THE PAYMENT RATE FOR GRAIN SORGHUMS
AND, IF DESIGNATED BY THE SECRETARY, BARLEY, SHALL BE SUCH RATE AS THE
SECRETARY DETERMINES FAIR AND REASONABLE IN RELATION TO THE RATE AT
WHICH PAYMENTS ARE MADE AVAILABLE FOR CORN. IF THE SECRETARY DETERMINES
THAT THE PRODUCERS ON A FARM ARE PREVENTED FROM PLANTING ANY PORTION OF
THE RM ACREAGE ALLOTMENT TO FEED GRAINS OR OTHER NONCONSERVING CROP,
BECAUSE OF DROUGHT, FLOOD, OR OTHER NATURAL DISASTER OR CONDITION BEYOND
THE CONTROL OF THE PRODUCER, THE RATE OF PAYMENT ON SUCH PORTION SHALL
BE THE LARGER OF (A) THE FOREGOING RATE, OR (B) ONE-THIRD OF THE
ESTABLISHED PRICE. IF THE SECRETARY DETERMINES THAT BECAUSE OF SUCH A
DISASTER OR CONDITION, THE TOTAL QUANTITY OF FEED GRAINS (OR OTHER
NONCONSERVING CROP PLANTED INSTEAD OF FEED GRAINS) WHICH THE PRODUCERS
ARE ABLE TO HARVEST ON ANY FARM IS LESS THAN 66 2/3 PERCENT OF THE FARM
ACREAGE ALLOTMENT TIMES THE YIELD OF FEED GRAINS (OR OTHER NONCONSERVING
CROP PLANTED INSTEAD OF FEED GRAINS) ESTABLISHED FOR THE FARM, THE RATE
OF PAYMENT FOR THE DEFICIENCY IN PRODUCTION BELOW 100 PERCENT SHALL BE
THE LARGER OF (A) THE FOREGOING RATE, OR (B) ONE-THIRD OF THE
ESTABLISHED PRICE.
"'(2) THE SECRETARY SHALL, PRIOR TO JANUARY 1 OF EACH CALENDAR YEAR,
DETERMINE AND PROCLAIM FOR THE CROP PRODUCED IN SUCH CALENDAR YEAR A
NATIONAL ACREAGE ALLOTMENT FOR FEED GRAINS, WHICH SHALL BE THE NUMBER OF
ACRES HE DETERMINES ON THE BASIS OF THE ESTIMATED NATIONAL AVERAGE YIELD
OF THE FEED GRAINS INCLUDED IN THE PROGRAMS FOR THE CROP FOR WHICH THE
DETERMINATION IS BEING MADE WILL PRODUCE THE QUANTITY (LESS IMPORTS) OF
SUCH FEED GRAINS THAT HE ESTIMATES WILL BE UTILIZED DOMESTICALLY AND FOR
EXPORT DURING THE MARKETING YEAR FOR SUCH CROP. IF THE SECRETARY
DETERMINES THAT CARRYOVER STOCKS OF ANY OF THE FEED GRAINS ARE EXCESSIVE
OR AN INCREASE IN STOCKS IS NEEDED TO ASSURE A DESIRABLE CARRYOVER, HE
MAY ADJUST THE FEED GRAIN ALLOTMENT BY THE AMOUNT HE DETERMINES WILL
ACCOMPLISH THE DESIRED DECREASE OR INCREASE IN CARRYOVER STOCKS. STATE,
COUNTY, AND FARM FEED GRAIN ALLOTMENTS SHALL BE ESTABLISHED ON THE BASIS
OF THE FEED GRAIN ALLOTMENTS ESTABLISHED FOR THE PRECEDING CROP (FOR
1974 ON THE BASIS OF THE FEED GRAIN BASES ESTABLISHED FOR 1973),
ADJUSTED TO THE EXTENT DEEMED NECESSARY TO ESTABLISH A FAIR AND
EQUITABLE APPORTIONMENT BASE FOR EACH STATE, COUNTY, AND FARM. NOT TO
EXCEED 1 PER CENTUM OF THE STATE FEED GRAIN ALLOTMENT MAY BE RESERVED
FOR APPORTIONMENT TO NEW FEED GRAIN FARMS ON THE BASIS OF THE FOLLOWING
FACTORS: SUITABILITY OF THE LAND FOR PRODUCTION OF FEED GRAINS, THE
EXTENT TO WHICH THE FARM OPERATOR IS DEPENDENT ON INCOME FROM FARMING
FOR HIS LIVELIHOOD, THE PRODUCTION OF FEED GRAINS ON OTHER FARMS OWNED,
OPERATED, OR CONTROLLED BY THE FARM OPERATOR, AND SUCH OTHER FACTORS AS
THE SECRETARY DETERMINES SHOULD BE CONSIDERED FOR THE PURPOSE OF
ESTABLISHING FAIR AND EQUITABLE FEED GRAIN ALLOTMENTS.
"'(3) IF FOR ANY CROP THE TOTAL ACREAGE ON A FARM PLANTED TO FEED
GRAINS INCLUDED IN THE PROGRAM FORMULATED UNDER THIS SUBSECTION IS LESS
THAN THE FEED GRAIN ALLOTMENT FOR THE FARM, THE FEED GRAIN ALLOTMENT FOR
THE FARM FOR THE SUCCEEDING CROPS SHALL BE REDUCED BY THE PERCENTAGE BY
WHICH THE PLANTED ACREAGE IS LESS THAN THE FEED GRAIN ALLOTMENT FOR THE
FARM, BUT SUCH REDUCTION SHALL NOT EXCEED 20 PER CENTUM OF THE FEED
GRAIN ALLOTMENT. //87 STAT. 232// IF NO ACREAGE HAS BEEN PLANTED TO
SUCH FEED GRAINS FOR THREE CONSECUTIVE CROP YEARS ON ANY FARM WHICH HAS
A FEED GRAIN ALLOTMENT, SUCH FARM SHALL LOSE ITS FEED GRAIN ALLOTMENT:
PROVIDED, THAT NO FARM FEED GRAIN ALLOTMENT SHALL BE REDUCED OR LOST
THROUGH FAILURE TO PLANT, IF THE PRODUCER ELECTS NOT TO RECEIVE PAYMENT
FOR SUCH PORTION OF THE FARM FEED GRAIN ALLOTMENT NOT PLANTED, TO WHICH
HE WOULD OTHERWISE BE ENTITLED UNDER THE PROVISIONS OF THIS ACT. ANY
SUCH ACRES ELIMINATED FROM ANY FARM SHALL BE ASSIGNED TO A NATIONAL POOL
FOR THE ADJUSTMENT OF FEED GRAIN ALLOTMENTS AS PROVIDED FOR IN
SUBSECTION (E) (2). PRODUCERS ON ANY FARM WHO HAVE PLANTED TO SUCH FEED
GRAINS NOT LESS THAN 90 PER CENTUM OF THE FEED GRAIN ALLOTMENT SHALL BE
CONSIDERED TO HAVE PLANTED AN ACREAGE EQUAL TO 100 PER CENTUM OF SUCH
ALLOTMENT. AN ACREAGE ON THE FARM WHICH THE SECRETARY DETERMINES WAS
NOT PLANTED TO SUCH FEED GRAINS BECAUSE OF DROUGHT, FLOOD, OR OTHER
NATURAL DISASTER OR CONDITION BEYOND THE CONTROL OF THE PRODUCER SHALL
BE CONSIDERED TO BE AN ACREAGE OF FEED GRAINS PLANTED FOR HARVEST. FOR
THE PURPOSE OF THIS PARAGRAPH, THE SECRETARY MAY PERMIT PRODUCERS OF
FEED GRAINS TO HAVE ACREAGE DEVOTED TO SOYBEANS, WHEAT, GUAR, CASTOR
BEANS, COTTON, TRITICALE, OATS, RYE, OR SUCH OTHER CROPS AS THE
SECRETARY MAY DEEM APPROPRIATE, CONSIDERED AS DEVOTED TO THE PRODUCTION
OF SUCH FEED GRAINS TO SUCH EXTENT AND SUBJECT TO SUCH TERMS AND
CONDITIONS AS THE SECRETARY DETERMINES WILL NOT IMPAIR THE EFFECTIVE
OPERATION OF THE PROGRAM.'.",
(C) AMENDING THE LAST SENTENCE OF SECTION 105 (C)(1) TO READ AS
FOLLOWS: //84 STAT. 1369. 7 USC 1441 NOTE.//
"THE SECRETARY SHALL PERMIT PRODUCERS TO PLANT AND GRAZE ON SET-ASIDE
ACREAGE SWEET SORGHUM, AND THE SECRETARY MAY PERMIT, SUBJECT TO SUCH
TERMS AND CONDITIONS AS HE MAY PRESCRIBE, ALL OR ANY OF THE SET-ASIDE
ACREAGE TO BE DEVOTED TO HAY AND GRAZING OR THE PRODUCTION OF GUAR,
SESAME, SAFFLOWER, SUNFLOWER, CASTOR BEANS, MUSTARD SEED, CRAMBE,
PLANTAGO OVATO, FLAXSEED, TRITICALE, OATS, RYE, OR OTHER COMMODITY, IF
HE DETERMINES THAT SUCH PRODUCTION IS NEEDED TO PROVIDE AN ADEQUATE
SUPPLY, IS NOT LIKELY TO INCREASE THE COST OF THE PRICE-SUPPORT PROGRAM,
AND WILL NOT ADVERSELY AFFECT FARM INCOME."
(C) STRIKING OUT "1971, 1972, 1973" WHERE IT APPEARS IN THAT
PART WHICH AMENDS SECTION 105(C)(1) OF THE AGRICULTURAL ACT OF
1949 AND INSERTING "1971 THROUGH 1977" AND BY AMENDING THE SECOND
SENTENCE OF SECTION 105(C)(1) TO READ AS FOLLOWS: "IF A SET-ASIDE
OF CROPLAND IS IN EFFECT UNDER THIS SUBSECTION (C), THEN AS A
CONDITION OF ELIGIBILITY FOR LOANS, PURCHASES, AND PAYMENTS ON
CORN, GRAIN SORGHUMS, AND, IF DESIGNATED BY THE SECRETARY, BARLEY,
RESPECTIVELY, THE PRODUCERS ON A FARM MUST SET ASIDE AND DEVOTE TO
APPROVED CONSERVATION USES AN ACREAGE OF CROPLAND EQUAL TO (I)
SUCH PERCENTAGE OF THE FEED GRAIN ALLOTMENT FOR THE FARM AS MAY BE
SPECIFIED BY THE SECRETARY, PLUS, IF REQUIRED BY THE SECRETARY
(II) THE ACREAGE OF CROPLAND ON THE FARM DEVOTED IN PRECEDING
YEARS TO SOIL CONSERVING USES, AS DETERMINED BY THE SECRETARY."
(D) AMENDING THE THIRD SENTENCE OF SECTION 105 (C)(1) TO READ
AS FOLLOWS: "THE SECRETARY IS AUTHORIZED FOR THE 1974 THROUGH
1977 CROPS TO LIMIT THE ACREAGE PLANTED TO FEED GRAINS ON THE FARM
TO A PERCENTAGE OF THE FARM ACREAGE ALLOTMENT."
(E) STRIKING OUT PARAGRAPHS (1) AND (3) OF SUBSECTION (E),
CHANGING "BASES" TO "ALLOTMENTS" WHEREVER IT APPEARS IN PARAGRAPH
(2) OF SUBSECTION (E), AND STRIKING OUT ALL OF SUBSECTION (G).
//84 STAT. 1370.//
(F) INSERTING AFTER THE SECOND SENTENCE OF SECTION 105(C)(3)
THE FOLLOWING: "THE SECRETARY MAY, IN THE CASE OF PROGRAMS FOR
THE 1974 THROUGH 1977 CROPS, PAY AN APPROPRIATE SHARE OF THE COST
OF PRACTICES DESIGNED TO CARRY OUT THE PURPOSES OF THE FOREGOING
SENTENCES."
(19) SECTION 601 IS AMENDED BY-- //87 STAT. 233// //84 STAT. 1371. 7
USC 1342A.//
(A) STRIKING OUT "1971, 1972, AND 1973" WHEREVER IT APPEARS
THEREIN AND INSERTING "1971 THROUGH 1977",
(B) STRIKING "1970, 1971, AND 1972" FROM PARAGRAPH (2) AND
INSERTING "1970 THROUGH 1976",
(C) EFFECTIVE BEGINNING WITH THE 1974 CROP, STRIKING OUT THE
FOLLOWING FROM SECTION 344A(A) IN SECTION 601 "FOR WHICH A FARM
BASE ACREAGE ALLOTMENT IS ESTABLISHED (OTHER THAN PURSUANT TO
SECTION 350(E) (1) (A))", //84 STAT. 1372. 7 USC 1344B.//
(D) STRIKING "1974" FROM PARAGRAPH (3)(1) AND INSERTING "1978",
AND BY STRIKING "1972 AND 1973" FROM PARAGRAPH (4) AND INSERTING
"1972 THROUGH 1977",
(E) EFFECTIVE BEGINNING WITH THE 1974 CROP, ADDING AT THE END
OF SECTION 350(A) IN PARAGRAPH (4) OF SECTION 601 THE FOLLOWING:
"THE NATIONAL BASE ACREAGE ALLOTMENT FOR THE 1974 THROUGH 1977
CROPS SHALL NOT BE LESS THAN ELEVEN MILLION ACRES.", //7 USC
1350.//
(F) EFFECTIVE BEGINNING WITH THE 1974 CROP, STRIKING "SOYBEANS,
WHEAT OR FEED GRAINS" FROM THE LAST SENTENCE OF SECTION 350(E)(2)
IN PARAGRAPH (4) OF SECTION 601 AND INSERTING "SOYBEANS, WHEAT,
FEED GRAINS, GUAR, CASTOR BEANS, TRITICALE, OATS, RYE, OR SUCH
OTHER CROPS AS THE SECRETARY MAY DEEM APPROPRIATE",
(G) EFFECTIVE BEGINNING WITH THE 1974 CROP, STRIKING THE WORDS
"AN ADJOINING" IN THE FIRST SENTENCE OF SECTION 350(H) AS FOUND IN
PARAGRAPH (4) OF SECTION 601, AND INSERTING IN LIEU THEREOF "ANY
OTHER NEARBY."
(20) SECTION 602 IS AMENDED BY--//84 STAT. 1374. 7 USC 1444.//
(A) STRIKING "1971, 1972, AND 1973" WHEREVER IT APPEARS THEREIN
AND INSERTING "1971 THROUGH 1977", BY STRIKING "THE 1972 OR 1973
CROP" WHERE IT APPEARS THAT PART AMENDING SECTION 103(E) (1) OF
THE AGRICULTURAL ACT OF 1949 AND INSERTING "ANY OF THE 1972
THROUGH 1977 CROPS", AND BY STRIKING OUT "ACREAGE WORLD PRICE" IN
THAT PART AMENDING SECTION 103(E)(1) OF THE AGRICULTURAL ACT OF
1949, AND SUBSTITUTING "AVERAGE PRICE OF AMERICAN COTTON IN WORLD
MARKETS";
(B) IN THAT PART AMENDING SECTION 103(E) (1) OF THE
AGRICULTURAL ACT OF 1949 STRIKING OUT "TWO-YEAR PERIOD" WHEREVER
IT APPEARS THEREIN AND SUBSTITUTING "THREE-YEAR PERIOD"; AND BY
STRIKING OUT THAT PART BEGINNING WITH "EXCEPT THAT" IN THE FIRST
SENTENCE AND SUBSTITUTING "EXCEPT THAT IF THE LOAN RATE SO
CALCULATED IS HIGHER THAN THE THEN CURRENT LEVEL OF AVERAGE WORLD
PRICES FOR AMERICAN COTTON OF SUCH QUALITY, THE SECRETARY IS
AUTHORIZED TO ADJUST THE CURRENT CALCULATED LOAN RATE FOR COTTON
TO 90 PER CENTUM OF THE THEN CURRENT AVERAGE WORLD PRICE.";
(C) EFFECTIVE, BEGINNING WITH THE 1974 CROP, AMENDING SECTION
103(E)(2) OF THE AGRICULTURAL ACT OF 1949, AS IT APPEARS IN SUCH
SECTION 602 TO READ AS FOLLOWS:
"(2) PAYMENTS SHALL BE MADE FOR EACH CROP OF COTTON TO THE PRODUCERS
ON EACH FARM AT A RATE EQUAL TO THE AMOUNT BY WHICH THE HIGHER OF--
"(1) THE AVERAGE MARKET PRICE RECEIVED BY FARMERS FOR UPLAND
COTTON DURING THE CALENDAR YEAR WHICH INCLUDES THE FIRST FIVE
MONTHS OF THE MARKETING YEAR FOR SUCH CROP, AS DETERMINED BY THE
SECRETARY, OR
"(2) THE LOAN LEVEL DETERMINED UNDER PARAGRAPH (1) FOR EACH
CROP //87 STAT. 234//
IS LESS THAN THE ESTABLISHED PRICE OF 38 CENTS PER POUND IN THE CASE OF
THE 1974 AND 1975 CROPS, 38 CENTS PER POUND ADJUSTED TO REFLECT ANY
CHANGE DURING THE CALENDAR YEAR 1975 IN THE INDEX OF PRICES PAID BY
FARMERS FOR PRODUCTION ITEMS, INTEREST, TAXES, AND WAGE RATES IN THE
CASE OF THE 1976 CROP, AND THE ESTABLISHED PRICE FOR THE 1976 CROP
ADJUSTED TO REFLECT ANY CHANGE DURING THE CALENDAR YEAR 1976 IN SUCH
INDEX IN THE CASE OF THE 1977 CROP: PROVIDED, THAT ANY INCREASE THAT
WOULD OTHERWISE BE MADE IN THE ESTABLISHED PRICE TO REFLECT A CHANGE IN
THE INDEX OF PRICES PAID BY FARMERS SHALL BE ADJUSTED TO REFLECT ANY
CHANGE IN (I) THE NATIONAL AVERAGE YIELD PER ACRE OF COTTON FOR THE
THREE CALENDAR YEARS PRECEDING THE YEAR FOR WHICH THE DETERMINATION IS
MADE, OVER (II) THE NATIONAL AVERAGE YIELD PER ACRE OF COTTON FOR THE
THREE CALENDAR YEARS PRECEDING THE YEAR PREVIOUS TO THE ONE FOR WHICH
THE DETERMINATION IS MADE. IF THE SECRETARY DETERMINES THAT THE
PRODUCERS ON A FARM ARE PREVENTED FROM PLANTING, ANY PORTION OF THE
ALLOTMENT TO COTTON BECAUSE OF DROUGHT, FLOOD, OR OTHER NATURAL
DISASTER, OR CONDITION BEYOND THE CONTROL OF THE PRODUCER, THE RATE OF
PAYMENT FOR SUCH PORTION SHALL BE THE LARGER OF (A) THE FOREGOING RATE,
OR (B) ONE-THIRD OF THE ESTABLISHED PRICE. IF THE SECRETARY DETERMINES
THAT BECAUSE OF SUCH A DISASTER OR CONDITION, THE TOTAL QUANTITY OF
COTTON WHICH THE PRODUCERS ARE ABLE TO HARVEST ON ANY FARM IS LESS THAN
66 2/3 PERCENT OF THE FARM BASE ACREAGE ALLOTMENT TIMES THE AVERAGE
YEILD ESTABLISHED FOR THE FARM, THE RATE OF PAYMENT FOR THE DEFICIENCY
IN PRODUCTION BELOW 100 PERCENT SHALL BE THE LARGER OF (A) THE FOREGOING
RATE, OR (B) ONE-THIRD OF THE ESTABLISHED PRICE. THE PAYMENT RATE WITH
RESPECT TO ANY PRODUCER WHO (I) IS ON A SMALL FARM (THAT IS, A FARM ON
WHICH THE BASE ACREAGE ALLOTMENT IS TEN ACRES OR LESS, OR ON WHICH THE
YIELD USED IN MAKING PAYMENTS TIMES THE FARM BASE ACREAGE ALLOTMENT IS
FIVE THOUSAND POUNDS OR LESS, AND FOR WHICH THE BASE ACREAGE ALLOTMENT
HAS NOT BEEN REDUCED UNDER SECTION 350(F), //84 STAT. 1372. 7 USC
1350.// (II) RESIDES ON SUCH FARM, AND (III) DERIVES HIS PRINCIPAL
INCOME FROM COTTON PRODUCED ON SUCH FARM, SHALL BE INCREASED BY 30 PER
CENTUM; BUT, NOTWITHSTANDING PARAGRAPH (3), SUCH INCREASE SHALL BE MADE
ONLY WITH RESPECT TO HIS SHARE OF COTTON ACTUALLY HARVESTED ON SUCH FARM
WITHIN THE QUANTITY SPECIFIED IN PARAGRAPH (3)."
(D) EFFECTIVE, BEGINNING WITH THE 1974 CROP, AMENDING THE THIRD
SENTENCE OF SECTION 103(E)(4)(A) OF THE AGRICULTURAL ACT OF 1949,
//84 STAT. 1374. 7 USC 1444.// AS IT APPEARS IN SUCH SECTION 602
TO READ AS FOLLOWS: "THE SECRETARY IS AUTHORIZED FOR THE 1974
THROUGH 1977 CROPS TO LIMIT THE ACREAGE PLANTED TO UPLAND COTTON
ON THE FARM IN EXCESS OF THE FARM BASE ACREAGE ALLOTMENT TO A
PERCENTAGE OF THE FARM BASE ACREAGE ALLOTMENT.".
(E) THE SECOND SENTENCE OF SECTION 103(E)(4)(A) IS AMENDED TO
READ AS FOLLOWS: "IF A SET-ASIDE OF CROPLAND IS IN EFFECT UNDER
THIS PARAGRAPH (4), THEN AS A CONDITION OF ELIGIBILITY FOR LOANS
AND PAYMENTS ON UPLAND COTTON THE PRODUCERS ON A FARM MUST SET
ASIDE AND DEVOTE TO APPROVED CONSERVATION USES AN ACREAGE OF
CROPLAND EQUAL TO (I) SUCH PERCENTAGE OF THE FARM BASE ACREAGE
ALLOTMENT FOR THE FARM AS MAY BE SPECIFIED BY THE SECRETARY (NOT
TO EXCEED 28 PER CENTUM OF THE FARM BASE ACREAGE ALLOTMENT), PLUS,
IF REQUIRED BY THE SECRETARY, (II) THE ACREAGE OF CROPLAND ON THE
FARM DEVOTED IN PRECEDING YEARS TO SOIL CONSERVING USES, AS
DETERMINED BY THE SECRETARY."
(F) THE FOURTH SENTENCE OF SECTION 103(E)(4)(A) OF THE
AGRICULTURAL ACT OF 1949 AS FOUND IN SECTION 602 IS AMENDED TO
READ AS FOLLOWS: "THE SECRETARY SHALL PERMIT PRODUCERS TO PLANT
AND GRAZE ON SET-ASIDE ACREAGE SWEET SORGHUM, AND THE SECRETARY
MAY PERMIT, SUBJECT TO SUCH TERMS AND CONDITIONS AS HE MAY
PRESCRIBE, ALL OR ANY OF THE SET-ASIDE ACREAGE TO BE DEVOTED TO
HAY AND GRAZING OR THE PRODUCTION OF GUAR, SEASAME, SAFFLOWER,
SUNFLOWER, CASTOR BEANS, MUSTARD SEED, CRAMBE, PLANTAGO OVATO,
FLAXSEED, TRITICALE, OATS, RYE, OR OTHER COMMODITY, IF HE
DETERMINES THAT SUCH PRODUCTION IS NEEDED TO PROVIDE AN ADEQUATE
SUPPLY, IS NOT LIKELY TO INCREASE THE COST OF THE PRICE-SUPPORT
PROGRAM, AND WILL NOT ADVERSELY AFFECT FARM INCOME." //87 STAT.
235//
(G) INSERTING AFTER THE SECOND SENTENCE OF SECTION 103(E)(5) OF
THE AGRICULTURAL ACT OF 1949 AS IT APPEARS IN SUCH SECTION 602 THE
FOLLOWING: //84 STAT. 1374. 7 USC 1444.// "THE SECRETARY MAY IN
THE CASE OF PROGRAMS FOR THE 1974 THROUGH 1977 CROPS, PAY AN
APPROPRIATE SHARE OF THE COST OF PRACTICES DESIGNED TO CARRY OUT
THE PURPOSES OF THE FOREGOING SENTENCES."
(21) SECTION 603 IS AMENDED BY STRIKING OUT "1974" AND INSERTING
"1978". //84 STAT. 1377. 7 USC 1427 NOTE.//
(22) SECTIONS 604, 605, 606, 607, AND 608 ARE EACH AMENDED BY
STRIKING OUT "1971, 1972, AND 1973" AND INSERTING "1971 THROUGH 1977".
//7 USC 1428, 1378 NOTE, 1305 NOTE, 1428 NOTE, 1446D NOTE.//
(23) SECTION 610 IS AMENDED BY INSERTING AFTER THE WORDS "SHALL BE"
IN THE SECOND SENTENCE THE FOLLOWING WORDS "10 MILLION DOLLARS." AND BY
STRIKING THE BALANCE OF SAID SENTENCE, AND FURTHER BY STRIKING OUT "1972
AND 1973" AND INSERTING "1972 THROUGH 1977" IN THE THIRD SENTENCE. //84
STAT. 1378. 7 USC 2119.//
(24) TITLE VI IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
//84 STAT. 1371.//
"SEC. 611. SECTION 104 OF THE AGRICULTURAL ACT OF 1949, /72 STAT.
993; 78 STAT. 174. 7 USC 1441 NOTE.// AS AMENDED IS AMENDED BY ADDING A
NEW SUBSECTION (D) AS FOLLOWS:
"'(D) IN ORDER TO REDUCE COTTON PRODUCTION COSTS, TO PREVENT THE
MOVEMENT OF CERTAIN PLANT INSECTS TO AREAS NOT NOW INFESTED AND TO
ENHANCE THE QUALITY OF THE ENVIRONMENT, THE SECRETARY IS AUTHORIZED AND
DIRECTED TO CARRY OUT PROGRAMS TO DESTROY AND ELIMINATE COTTON BOLL
WEEVILS IN INFESTED AREAS OF THE UNITED STATES AS PROVIDED HEREIN AND TO
CARRY OUT SIMILAR PROGRAMS WITH RESPECT TO PINK BOLLWORMS OR ANY OTHER
MAJOR COTTON INSECT IF THE SECRETARY DETERMINES THAT METHOD AND SYSTEMS
HAVE BEEN DEVELOPED TO THE POINT THAT SUCCESS IN ERADICATION OF SUCH
INSECTS IS ASSURED. THE SECRETARY SHALL CARRY OUT THE ERADICATION
PROGRAMS AUTHORIZED BY THIS SUBSECTION THROUGH THE COMMODITY CREDIT
CORPORATION. IN CARRYING OUT INSECT ERADICATION PROJECTS, THE SECRETARY
SHALL UTILIZE THE TECHNICAL AND RELATED SERVICES OF APPROPRIATE FEDERAL,
STATE, PRIVATE AGENCIES, AND COTTON ORGANIZATIONS. PRODUCERS AND
LANDOWNERS IN AN ERADICATION ZONE, ESTABLISHED BY THE SECRETARY, WHO ARE
RECEIVING BENEFITS FROM ANY PROGRAM ADMINISTERED BY THE UNITED STATES
DEPARTMENT OF AGRICULTURE, SHALL, AS A CONDITION OF RECEIVING OR
CONTINUING ANY SUCH BENEFITS, PARTICIPATE IN AND COOPERATE WITH THE
ERADICATION PROJECT, AS SPECIFIED IN REGULATIONS OF THE SECRETARY.
"'THE SECRETARY MAY ISSUE SUCH REGULATIONS AS HE DEEMS NECESSARY TO
ENFORCE THE PROVISIONS OF THIS SUBSECTION WITH RESPECT TO ACHIEVING THE
COMPLIANCE OF PRODUCERS AND LANDOWNERS WHO ARE NOT RECEIVING BENEFITS
FROM ANY PROGRAM ADMINISTERED BY THE UNITED STATES DEPARTMENT OF
AGRICULTURE. //87 STAT. 236// ANY PERSON WHO KNOWINGLY VIOLATES ANY
SUCH REGULATION PROMULGATED BY THE SECRETARY UNDER THIS SUBSECTION MAY
BE ASSESSED A CIVIL PENALTY OF NOT TO EXCEED $5,000 FOR EACH OFFENSE.
NO CIVIL PENALTY SHALL BE ASSESSED UNLESS THE PERSON SHALL HAVE BEEN
GIVEN NOTICE AND OPPORTUNITY FOR A HEARING ON SUCH CHARGE IN THE COUNTY,
PARISH, OR INCORPORATED CITY OF THE RESIDENCE OF THE PERSON CHARGED. IN
DETERMINING THE AMOUNT OF THE PENALTY, THE SECRETARY SHALL CONSIDER THE
APPROPRIATENESS OF SUCH PENALTY TO THE SIZE OF THE BUSINESS OF THE
PERSON CHARGED, THE EFFECT ON THE PERSON'S ABILITY TO CONTINUE IN BU
INESS, AND THE GRAVITY OF THE VIOLATION. WHERE SPECIAL MEASURES DEEMED
ESSENTIAL TO ACHIEVEMENT OF THE ERADICATION OBJECTIVE ARE TAKEN BY THE
PROJECT AND RESULT IN A LOSS OF PRODUCTION AND INCOME TO THE PRODUCER,
THE SECRETARY SHALL PROVIDE REASONABLE AND EQUITABLE INDEMNIFICATION
FROM FUNDS AVAILABLE FOR THE PROJECT, AND ALSO PROVIDE FOR APPROPRIATE
PROTECTION OF THE ALLOTMENT, ACREAGE HISTORY, AND AVERAGE YIELD FOR THE
FARM. THE COST OF THE PROGRAM IN EACH ERADICATION ZONE SHALL BE
DETERMINED, AND COTTON PRODUCERS IN THE ZONE SHALL BE REQUIRED TO PAY UP
TO ONE-HALF THEREOF, WITH THE EXACT SHARE IN EACH ZONE AREA TO BE
SPECIFIED BY THE SECRETARY UPON HIS FINDING THAT SUCH SHARE IS
REASONABLE AND EQUITABLE BASED ON POPULATION LEVELS OF THE TARGET INSECT
AND THE DEGREE OF CONTROL MEASURES NORMALLY REQUIRED. EACH PRODUCER'S
PRO RATA SHARE SHALL BE DEDUCTED FROM HIS COTTON PAYMENT UNDER THIS ACT
OR OTHERWISE COLLECTED, AS PROVIDED IN REGULATIONS OF THE SECRETARY.
INSOFAR AS PRACTICABLE, COTTON PRODUCERS AND OTHER PERSONS ENGAGED IN
COTTON PRODUCTION IN THE ERADICATION ZONE SHALL BE EMPLOYED TO
PARTICIPATE IN THE WORK OF THE PROJECT IN SUCH ZONE. FUNDING OF THE
PROGRAM SHALL BE TERMINATED AT SUCH TIME AS THE SECRETARY DETERMINES AND
REPORTS TO THE CONGRESS THAT COMPLETE ERADICATION OF THE INSECTS FOR
WHICH PROGRAMS ARE UNDERTAKEN PURSUANT TO THIS SUBSECTION HAS BEEN
ACCOMPLISHED. FUNDS IN CUSTODY OF AGENCIES CARRYING OUT THE PROGRAM
SHALL, UPON TERMINATION OF SUCH PROGRAM, BE ACCOUNTED FOR TO T HE
SECRETARY FOR APPROPRIATE DISPOSITION.
"'THE SECRETARY IS AUTHORIZED TO COOPERATE WITH THE GOVERNMENT OF
MEXICO IN CARRYING OUT OPERATIONS OR MEASURES IN MEXICO WHICH HE DEEMS
NECESSARY AND FEASIBLE TO PREVENT THE MOVEMENT INTO THE UNITED STATES
FROM MEXICO OF ANY INSECTS ERADICATED UNDER THE PROVISIONS OF THIS S
UBSECTION. THE MEASURE AND CHARACTER OF COOPERATION CARRIED OUT UNDER
THIS SUBSECTION ON THE PART OF THE UNITED STATES AND ON THE PART OF THE
GOVERNMENT OF MEXICO, INCLUDING THE EXPENDITURE OR USE OF FUNDS MADE
AVAILABLE BY THE SECRETARY UNDER THIS SUBSECTION, SHALL BE SUCH AS MAY
BE PRESCRIBED BY THE SECRETARY. ARRANGEMENTS FOR THE COOPERATION
AUTHORIZED BY THIS SUBSECTION SHALL BE MADE THROUGH AND IN CONSULTATION
WITH THE SECRETARY OF STATE. THE COMMODITY CREDIT CORPORATION SHALL NOT
MAKE ANY EXPENDITURES FOR CARRYING OUT THE PURPOSES OF THIS SUBSECTION
UNLESS THE CORPORATION HAS RECEIVED FUNDS TO COVER SUCH EXPENDITURES
FROM APPROPRIATIONS MADE TO CARRY OUT THE PURPOSES OF THIS SUBSECTION.
THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED TO THE COMMODITY CREDIT
CORPORATION SUCH SUMS AS THE CONGRESS MAY FROM TIME TO TIME DETERMINE TO
BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS SUBSECTION.'."
(25) TITLE VI IS FURTHER AMENDED BY ADDING THE FOLLOWING NEW SECTION:
//ANTE, P. 235.//
"SEC. 612. SECTION 374(A) OF THE AGRICULTURAL ADJUSTMENT ACT OF
1938, //79 STAT. 1210. 7 USC 1374.// AS AMENDED, IS HEREBY AMENDED BY
ADDING THE FOLLOWING NEW SENTENCE: 'WHERE COTTON IS PLANTED IN SKIPROW
PATTERNS, THE SAME RULES THAT WERE IN EFFECT FOR THE 1971 THROUGH 1973
CROPS FOR CLASSIFYING THE ACREAGE PLANTED TO COTTON AND THE AREA SKIPPED
SHALL ALSO APPLY TO THE 1974 THROUGH 1977 CROPS.'." //87 STAT. 237//
(26) SECTION 701 IS AMENDED BY STRIKING OUT "1973" AND INSERTING
"1977"; AND TITLE VII IS FURTHER AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING: //84 STAT. 1379. 7 USC 1736C.//
SECTION 103 OF SUCH ACT IS AMENDED BY INSERTING BEFORE THE SEMICOLON
AT THE END OF SUBSECTION (O) THE FOLLOWING: "AND THAT COMMERCIAL
SUPPLIES ARE AVAILABLE TO MEET DEMANDS DEVELOPED THROUGH PROGRAMS
CARRIED OUT UNDER THIS ACT." //80 STAT. 1526; 82 STAT. 450. 7 USC
1703.//
"SEC. 704. TITLE IV OF SUCH ACT IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING: //80 STAT. 1535. 7 USC 1731.//
"'SEC. 411. NO AGRICULTURAL COMMODITIES SHALL BE SOLD UNDER TITLE I
OR TITLE II OR DONATED UNDER TITLE II OF THIS ACT TO NORTH VIETNAM,
UNLESS BY AN ACT OF CONGRESS ENACTED SUBSEQUENT TO JULY 1, 1973,
ASSISTANCE TO NORTH VIETNAM IS SPECIFICALLY AUTHORIZED.'" //7 USC 1701,
1692, 1724.//
(27) TITLE VIII IS AMENDED AS FOLLOWS: //84 STAT. 1379.//
(A) SECTION 804 IS AMENDED BY STRIKING OUT "DECEMBER 31, 1973" AND
INSERTING "DECEMBER 31, 1977". //84 STAT. 1382. 7 USC 1356B NOTE.//
(B) BY ADDING AT THE END THEREOF THE FOLLOWING:
"SEC. 807. THE FIRST SENTENCE OF SECTION 305 OF THE CONSOLIDATED
FARM AND RURAL DEVELOPMENT ACT IS AMENDED BY STRIKING OUT '$10,000' AND
INSERTING '$225,000'; AND BY STRIKING OUT 'OR (B)' AND INSERTING '(B)
THE LOANS UNDER SUCH SECTIONS TO ANY ONE BORROWER TO EXCEED $100,000, OR
(C)'. //75 STAT. 308; 84 STAT. 1862. 7 USC 1925.//
"SEC. 808. THE SECRETARY OF AGRICULTURE, IN COOPERATION WITH THE
LAND GRANT COLLEGES, COMMODITY ORGANIZATIONS, GENERAL FARM
ORGANIZATIONS, AND INDIVIDUAL FARMERS, SHALL CONDUCT A COST OF
PRODUCTION STUDY OF THE WHEAT, FEED GRAIN, COTTON, AND DAIRY COMMODITIES
UNDER THE VARIOUS PRODUCTION PRACTICES AND ESTABLISH A CURRENT NATIONAL
WEIGHTED AVERAGE COST OF PRODUCTION. THIS STUDY SHALL BE UPDATED
ANNUALLY AND SHALL INCLUDE ALL TYPICAL VARIABLE COSTS, A RETURN ON FIXED
COSTS EQUAL TO THE EXISTING INTEREST RATES CHARGED BY THE FEDERAL LAND
BANK, AND RETURN FOR MANAGEMENT COMPARABLE TO THE NORMAL MANAGEMENT FEES
CHARGED BY OTHER COMPARABLE INDUSTRIES. THESE STUDIES SHALL BE BASED
UPON THE SIZE UNIT THAT REQUIRES ONE MAN TO FARM ON A FULL-TIME BASIS.
"SEC. 809. (A) THE SECRETARY OF AGRICULTURE IS AUTHORIZED AND
DIRECTED TO CARRY OUT A COMPREHENSIVE STUDY AND INVESTIGATION TO
DETERMINE THE REASONS FOR THE EXTENSIVE LOSS OF LIVESTOCK SUSTAINED EACH
YEAR, THROUGH INJURY AND DISEASE, WHILE SUCH LIVESTOCK IS BEING
TRANSPORTED IN INTERSTATE COMMERCE FOR COMMERCIAL PURPOSES. //87 STAT.
238// THE SECRETARY IS ALSO AUTHORIZED AND DIRECTED TO CONDUCT, IN
CONNECTION WITH SUCH STUDY AND INVESTIGATION, AN INTENSIVE RESEARCH
PROGRAM FOR THE PURPOSE OF DEVELOPING MEASURES THAT CAN BE TAKEN TO
REDUCE MATERIALLY THE NUMBER OF ANIMALS LOST, THROUGH INJURY AND DISEASE
DURING TRANSPORTATION FOR COMMERCIAL PURPOSES.
"(B) THE SECRETARY OF AGRICULTURE SHALL SUBMIT TO THE CONGRESS NOT
MORE THAN FOUR YEARS AFTER THE DATE OF ENACTMENT OF THIS SECTION A FINAL
REPORT ON THE RESULTS OF HIS STUDY AND INVESTIGATION AND RESEARCH
TOGETHER WITH SUCH RECOMMENDATIONS FOR ADMINISTRATIVE AND LEGISLATIVE
ACTION AS HE DEEMS NECESSARY. HE SHALL SUBMIT SUCH INTERIM REPORTS TO
THE CONGRESS AS HE DEEMS ADVISABLE, BUT AT LEAST ONE AT THE END OF EACH
TWELVE MONTH PERIOD FOLLOWING THE DATE OF ENACTMENT OF THIS SECTION.
"(C) THERE IS AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION, BUT NOT MORE THAN
$500,000 IN ANY FISCAL YEAR.
"SEC. 810. IN ORDER TO REDUCE FERTILIZER AND HERBICIDE USAGE IN
EXCESS OF PRODUCTION NEEDS, TO DEVELOP WHEAT AND FEED GRAIN VARIETIES
MORE SUSCEPTIBLE TO COMPLETE FERTILIZER UTILIZATION, TO IMPROVE THE
RESISTANCE OF WHEAT AND FEED GRAIN PLANTS TO DISEASE AND TO ENHANCE
THEIR CONSERVATION AND ENVIRONMENTAL QUALITIES, THE SECRETARY OF
AGRICULTURE IS AUTHORIZED AND DIRECTED TO CARRY OUT REGIONAL AND
NATIONAL RESEARCH PROGRAMS.
"IN CARRYING OUT SUCH RESEARCH, THE SECRETARY SHALL UTILIZE THE
TECHNICAL AND RELATED SERVICES OF THE APPROPRIATE FEDERAL, STATE, AND
PRIVATE AGENCIES.
"THERE IS AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SECTION, BUT NOT MORE THAN
$1,000,000 IN ANY FISCAL YEAR.
"SEC. 811. THE DEPARTMENT OF AGRICULTURE SHALL PROVIDE TECHNICAL
SUPPORT TO EXPORTERS AND IMPORTERS OF UNITED STATES AGRICULTURAL
PRODUCTS WHEN SO REQUESTED. SUCH SUPPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO, A REVIEW OF THE FEASIBILITY OF THE EXPORT PROPOSAL, ADEQUACY
OF SOURCES OF SUPPLY, COMPLIANCE WITH TRADE REGULATIONS OF THE UNITED
STATES AND THE IMPORTING COUNTRY AND SUCH OTHER INFORMATION OR GUIDANCE
AS MAY BE NEEDED TO EXPAND AND EXPEDITE UNITED STATES AGRICULTURAL
EXPORTS BY PRIVATE TRADING INTERESTS.
"SEC. 812. ALL EXPORTERS OF WHEAT AND WHEAT FLOUR, FEED GRAINS, OIL
SEEDS, COTTON AND PRODUCTS THEREOF, AND OTHER COMMODITIES THE SECRETARY
MAY DESIGNATE PRODUCED IN THE UNITED STATES SHALL REPORT TO THE
SECRETARY OF AGRICULTURE, ON A WEEKLY BASIS, THE FOLLOWING INFORMATION
REGARDING ANY CONTRACT FOR EXPORT SALES ENTERED INTO OR SUBSEQUENTLY
MODIFIED IN ANY MANNER DURING THE REPORTING PERIOD: (A) TYPE, CLASS,
AND QUANTITY OF THE COMMODITY SOUGHT TO BE EXPORTED, (B) THE MARKETING
YEAR OF SHIPMENT, (C) DESTINATION, IF KNOWN. INDIVIDUAL REPORTS SHALL
REMAIN CONFIDENTIAL BUT SHALL BE COMPILED BY THE SECRETARY AND PUBLISHED
IN COMPILATION FORM EACH WEEK FOLLOWING THE WEEK OF REPORTING. //87
STAT. 239// ALL EXPORTERS OF AGRICULTURAL COMMODITIES PRODUCED IN THE
UNITED STATES SHALL UPON REQUEST OF THE SECRETARY OF AGRICULTURE
IMMEDIATELY REPORT TO THE SECRETARY ANY INFORMATION WITH RESPECT TO
EXPORT SALES OF AGRICULTURAL COMMODITIES AND AT SUCH TIMES AS HE MAY
REQUEST. ANY PERSON (OR CORPORATION) WHO KNOWINGLY FAILS TO REPORT
EXPORT SALES PURSUANT TO THE REQUIREMENTS OF THIS SECTION SHALL BE FINED
NOT MORE THAN $25,000 OR IMPRISONED NOT MORE THAN ONE YEAR, OR BOTH.
THE SECRETARY MAY, WITH RESPECT TO ANY COMMODITY OR TYPE OR CALSS
THEREOF DURING ANY PERIOD IN WHICH HE DETERMINES THAT THERE IS A
DOMESTIC SUPPLY OF SUCH COMMODITY SUBSTANTIALLY IN EXCESS OF THE
QUANTITY NEEDED TO MEET DOMESTIC REQUIREMENTS, AND THAT TOTAL SUPPLIES
OF SUCH COMMODITY IN THE THE EXPORTING COUNTRIES ARE ESTIMATED TO BE IN
SURPLUS, AND THAT ANTICIPATED EXPORTS WILL NOT RESULT IN EXCESSIVE DRAIN
ON DOMESTIC SUPPLIES, AND THAT TO REQUIRE THE REPORTS TO BE MADE WILL
UNDULY HAMPER EXPORT SALES, PROVIDE FOR SUCH REPORTS BY EXPORTERS AND
PUBLISHING OF SUCH DATA TO BE ON A MONTHLY BASIS RATHER THAN ON A WEEKLY
BASIS."
"SEC. 813. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
SECRETARY OF AGRICULTURE SHALL UNDER THE PROVISIONS OF THIS ACT
ESTABLISH, MAINTAIN, AND DISPOSE OF A SEPARATE RESERVE OF INVENTORIES OF
NOT TO EXCEED 75 MILLION BUSHELS OF WHEAT, FEED GRAINS, AND SOYBEANS FOR
THE PURPOSE OF ALLEVIATING DISTRESS CAUSED BY A NATURAL DISASTER.
"SUCH RESERVE INVENTORIES SHALL INCLUDE SUCH QUANTITIES OF GRAIN THAT
THE SECRETARY DEEMS NEEDED TO PROVIDE FOR THE ALLEVIATION OF DISTRESS AS
THE RESULT OF A NATURAL DISASTER.
"(B) THE SECRETARY SHALL ACQUIRE SUCH COMMODITIES THROUGH THE PRICE
SUPPORT PROGRAM.
"(C) EXCEPT WHEN A STATE OF EMERGENCY HAS BEEN PROCLAIMED BY THE
PRESIDENT OR BY CONCURRENT RESOLUTION OF CONGRESS DECLARING THAT SUCH
RESERVES SHOULD BE DISPOSED OF, THE SECRETARY SHALL NOT OFFER ANY
COMMODITY IN THE RESERVE FOR SALE OR DISPOSITION.
"(D) THE SECRETARY IS ALSO AUTHORIZED TO DISPOSE OF SUCH COMMODITIES
ONLY FOR (1) USE IN RELIEVING DISTRESS (A) IN ANY STATE, THE DISTRICT OF
COLUMBIA, PUERTO RICO, GUAM, OR VIRGIN ISLANDS AND (B) IN CONNECTION
WITH ANY MAJOR DISASTER DETERMINED BY THE PRESIDENT TO WARRANT
ASSISTANCE BY THE FEDERAL GOVERNMENT UNDER PUBLIC LAW 875, //64 STAT.
1109. 42 USC 1855.// EIGHTY-FIRST CONGRESS, AS AMENDED (42 USC 1855 ET
SEQ.), OR (2) FOR USE IN CONNECTION WITH A STATE OF CIVIL DEFENSE
EMERGENCY AS PROCLAIMED BY THE PRESIDENT OR BY CONCURRENT RESOLUTION OF
THE CONGRESS IN ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL CIVIL
DEFENSE ACT OF 1950, AS AMENDED (50 U.S.C. APP. 2251 - 2297). //64
STAT. 1246.//
"(E) THE SECRETARY MAY SELL AT AN EQUIVALENT PRICE, ALLOWING FOR THE
CUSTOMARY LOCATION AND GRADE PRICE DIFFERENTIALS, SUBSTANTIALLY
EQUIVALENT QUANTITIES IN DIFFERENT LOCATIONS OR WAREHOUSES TO THE EXTENT
NEEDED TO PROPERLY HANDLE, ROTATE, DISTRIBUTE, AND LOCATE SUCH RESERVE.
"(F) THE SECRETARY MAY USE THE COMMODITY CREDIT CORPORATION TO THE
EXTENT FEASIBLE TO FULFILL THE PURPOSES OF THIS SECTION; AND TO THE
MAXIMUM EXTENT PRACTICABLE CONSISTENT WITH THE FULFILLMENT OF THE
PURPOSES OF THIS SECTION AND THE EFFECTIVE AND EFFICIENT ADMINISTRATION
OF THIS SECTION SHALL UTILIZE THE USUAL AND CUSTOMARY CHANNELS,
FACILITIES, AND ARRANGEMENTS OF TRADE AND COMMERCE.
"(G) THE SECRETARY MAY ISSUE SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
"(H) THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY
BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS SECTION.
"SEC. 814. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ACT, THE
SECRETARY SHALL ENCOURAGE THE PRODUCTION OF ANY CROP OF WHICH THE UNITED
STATES IS A NET IMPORTER AND FOR WHICH A PRICE SUPPORT PROGRAM IS NOT IN
EFFECT BY PERMITTING THE PLANTING OF SUCH CROP ON SET-ASIDE ACREAGE AND
WITH NO REDUCTION IN THE RATE OF PAYMENT FOR THE COMMODITY.
"SEC. 815. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
SECRETARY OF AGRICULTURE SHALL ASSIST FARMERS, PROCESSORS, AND
DISTRIBUTORS IN OBTAINING SUCH PRICES FOR AGRICULTURAL PRODUCTS THAT AN
ORDERLY, ADEQUATE AND STEADY SUPPLY OF SUCH PRODUCTS WILL EXIST FOR THE
CONSUMERS OF THIS NATION.
"(B) THE PRESIDENT SHALL MAKE APPROPRIATE ADJUSTMENTS IN THE MAXIMUM
PRICE WHICH MAY BE CHARGED UNDER THE PROVISIONS OF EXECUTIVE ORDER 11723
//38 FR 15765.// (DATED JUNE 13, 1973) OR ANY SUBSEQUENT EXECUTIVE ORDER
FOR ANY AGRICULTURAL PRODUCTS (AT ANY POINT IN THE DISTRIBUTION CHAIN)
AS TO WHICH THE SECRETARY OF AGRICULTURE CERTIFIES TO THE PRESIDENT THAT
THE SUPPLY OF THE PRODUCT WILL BE REDUCED TO UNACCEPTABLY LOW LEVELS AS
A RESULT OF ANY PRICE CONTROL OR FREEZE ORDER OR REGULATION AND THAT
ALTERNATIVE MEANS FOR INCREASING THE SUPPLY ARE NOT AVAILABLE.
"(C) UNDER THIS SECTION, THE TERM 'AGRICULTURAL PRODUCTS' SHALL
INCLUDE MEAT, POULTRY, VEGETABLES, FRUITS AND ALL OTHER AGRICULTURAL
COMMODITIES IN RAW OR PROCESSED FORM, EXCEPT FORESTRY PRODUCTS OR FISH
OR FISHERY PRODUCTS.
"(D) THE SECRETARY OF AGRICULTURE IS DIRECTED TO IMPLEMENT POLICIES
UNDER THIS ACT WHICH ARE DESIGNED TO ENCOURAGE AMERICAN FARMERS TO
PRODUCE TO THEIR FULL CAPABILITIES DURING PERIODS OF SHORT SUPPLY TO
ASSURE AMERICAN CONSUMERS WITH AN ADEQUATE SUPPLY OF FOOD AND FIBER AT
FAIR AND REASONABLE PRICES.
"SEC. 816. (A) SECTION 401 OF THE RURAL DEVELOPMENT ACT OF 1972 (86
STAT. 670) IS AMENDED BY SUBSTITUTING THE WORDS 'FIRE' AND 'FIRES' FOR
THE WORDS 'WILDFIRE' AND 'WILDFIRES', RESPECTIVELY, WHEREVER SUCH WORDS
APPEAR. //7 USC 2651.//
"(B) SECTION 404 OF THE RURAL DEVELOPMENT ACT OF 1972 (86 STAT. 671)
IS AMENDED TO READ AS FOLLOWS: //7 USC 2654.//
"'SEC. 404. APPROPRIATIONS.--THERE IS AUTHORIZED TO BE APPROPRIATED
TO CARRY OUT THE PROVISIONS OF THIS TITLE $7,000,000 FOR EACH OF THREE
CONSECUTIVE FISCAL YEARS BEGINNING WITH THE FISCAL YEAR FOR WHICH FUNDS
ARE FIRST APPROPRIATED AND OBLIGATED BY THE SECRETARY OF AGRICULTURE
CARRYING OUT THIS TITLE.'
"(C) SECTION 306(A) OF THE CONSOLIDATED FARM AND RURAL DEVELOPMENT
ACT IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: //86 STAT.
659. 7 USC 1926.//
"'(13)(A) THE SECRETARY, UNDER SUCH REASONABLE RULES AND CONDITIONS
AS HE SHALL ESTABLISH, SHALL MAKE GRANTS TO ELIGIBLE VOLUNTEER FIRE
DEPARTMENTS FOR UP TO 50 PER CENTUM OF THE COST OF FIREFIGHTING
EQUIPMENT NEEDED BY SUCH DEPARTMENTS BUT WHICH SUCH DEPARTMENTS ARE
UNABLE TO PURCHASE THROUGH THE RESOURCES OTHERWISE AVAILABLE TO THEM;
AND FOR THE COST OF THE TRAINING NECESSARY TO ENABLE SUCH DEPARTMENTS TO
USE SUCH EQUIPMENT EFFICIENTLY.
"'(B) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "ELIGIBLE
VOLUNTEER FIRE DEPARTMENT" MEANS ANY ESTABLISHED VOLUNTEER FIRE
DEPARTMENT IN A RURAL TOWN, VILLAGE, OR UNINCORPORATED AREA WHERE THE
POPULATION IS LESS THAN TWO THOUSAND BUT GREATER THAN TWO HUNDRED, AS
REASONABLY DETERMINED BY THE SECRETARY." //87 STAT. 240// //87 STAT.
241//
"SEC. 817. SECTION 310B(D) OF SUBTITLE A OF THE CONSOLIDATED FARM
AND RURAL DEVELOPMENT ACT IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: //86 STAT. 663. 7 USC 1932.//
"'(4) NO GRANT OR LOAN AUTHORIZED TO BE MADE UNDER THIS ACT
SHALL REQUIRE OR BE SUBJECT TO THE PRIOR APPROVAL OF ANY OFFICER,
EMPLOYEE, OR AGENCY OF ANY STATE.
"'(5) NO LOAN COMMITMENT ISSUED UNDER THIS SECTION SECTION 304,
OR SECTION 312 SHALL BE CONDITIONED UPON THE APPLICANT INVESTING
IN EXCESS OF 10 PER CENTUM IN THE BUSINESS OR INDUSTRIAL
ENTERPRISE FOR WHICH PURPOSE THE LOAN IS TO BE MADE UNLESS THE
SECRETARY DETERMINES THERE ARE SPECIAL CIRCUMSTANCES WHICH
NECESSITATE AN EQUITY INVESTMENT BY THE APPLICANT GREATER THAN 10
PER CENTUM. //75 STAT. 308; 86 STAT. 657, 665. 7 USC 1924,
1942.//
"'(6) NO PROVISION OF A LAW SHALL PROHIBIT ISSUANCE BY THE
SECRETARY OF CERTIFICATES EVIDENCING BENEFICIAL OWNERSHIP IN A
BLOCK OF NOTES INSURED OR GUARANTEED UNDER THIS ACT OR TITLE V OF
THE HOUSING ACT OF 1949; //63 STAT. 432; 83 STAT. 399. 42 USC
1471. 42 STAT. 20. 31 USC 2 NOTE.// ANY SALE BY THE SECRETARY OF
SUCH CERTIFICATES SHALL BE TREATED AS A SALE OF ASSETS FOR THE
PURPOSES OF THE BUDGET AND ACCOUNTING ACT OF 1921. ANY SECURITY
REPRESENTING BENEFICIAL OWNERSHIP IN A BLOCK OF NOTES GUARANTEED
OR INSURED UNDER THIS ACT OR TITLE V OF THE HOUSING ACT OF 1949
ISSUED BY A PRIVATE ENTITY SHALL BE EXEMPT FROM LAWS ADMINISTERED
BY THE SECURITIES AND EXCHANGE COMMISSION, EXCEPT SECTIONS 17, 22,
AND 24 OF THE SECURITIES ACT OF 1933, //48 STAT. 84. 15 USC 77Q,
77V, 77X.// AS AMENDED, HOWEVER, THE SECRETARY SHALL REQUIRE (I)
THAT THE ISSUER PLACE SUCH NOTES IN THE CUSTODY OF AN INSTITUTION
CHARTERED BY A FEDERAL OR STATE AGENCY TO ACT AS TRUSTEE AND (II)
THAT THE ISSUER PROVIDE SUCH PERIODIC REPORTS OF SALES AS THE
SECRETARY DEEMS NECESSARY.'
"SEC. 818. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SECRETARY
OF COMMERCE SHALL CONDUCT A CENSUS OF AGRICULTURE IN 1974 AS REQUIRED BY
SECTION 142 OF TITLE 13, //71 STAT. 483.// UNITED STATES CODE, AND SHALL
SUBMIT TO THE CONGRESS, WITHIN THIRTY DAYS AFTER THE DATE OF ENACTMENT
OF THE AGRICULTURE AND CONSUMER PROTECTION ACT OF 1973, AN ESTIMATE OF
THE FUNDS NEEDED TO CONDUCT SUCH CENSUS."
(28) BY ADDING AT THE END THEREOF THE FOLLOWING NEW TITLE X:
"SEC. 1001. NOTWITHSTANDING ANY OTHER PROVISION OF LAW THE SECRETARY
SHALL CARRY OUT THE PURPOSES SPECIFIED IN CLAUSES (1), (2), (3), (4),
AND (6) OF SECTION 7(A) OF THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT
ACT, AS AMENDED, SECTION 16(B) OF SUCH ACT, AND IN THE WATER BANK ACT
(16 U.S.C. 1301 ET SEQ.) //49 STAT. 163; 86 STAT. 676. 16 USC 590G,
590P. 84 STAT. 1468.// BY ENTERING INTO CONTRACTS OF THREE, FIVE, TEN,
OR TWENTY-FIVE YEARS WITH, AND AT THE OPTION OF, ELIGIBLE OWNERS AND
OPERATORS OF LAND AS DETERMINED BY THE SECRETARY AND HAVING SUCH CONTROL
AS THE SECRETARY DETERMINES TO BE NEEDED ON THE FARMS; RANCHES,
WETLANDS, FORESTS, OR OTHER LANDS COVERED THEREBY. IN ADDITION, THE
SECRETARY IS HEREBY AUTHORIZED TO PURCHASE PERPETUAL EASEMENTS TO
PROMOTE SAID PURPOSES OF THIS TITLE, INCLUDING THE SOUND USE AND
MANAGEMENT OF FLOOD PLANS, SHORE LANDS, AND AQUATIC AREAS OF THE NATION.
SUCH CONTRACTS SHALL BE DESIGNED TO ASSIST FARM, RANCH, WETLAND, AND
NONINDUSTRIAL PRIVATE FOREST OWNERS AND OPERATORS, OR OTHER OWNERS OR
OPERATORS, TO MAKE, IN ORDERLY PROGRESSION OVER A PERIOD OF YEARS, //87
STAT. 241// //87 STAT. 242// SUCH CHANGES, IF ANY, AS ARE NEEDED TO
EFFECTUATE ANY OF THE PURPOSES SPECIFIED IN CLAUSES (1), (2), (3), (4),
AND (6) OF SECTION 7(A) OF THE SOIL CONSERVATION AND DOMESTIC ALLOTMENT
ACT, AS AMENDED; SECTION 16(B) OF SUCH ACT; THE WATER BANK ACT (16
U.S.C. 1301 ET SEQ.); IN ENLARGING FISH AND WILDLIFE AND RECREATION
SOURCES; IN IMPROVING THE LEVEL OF MANAGEMENT OF NONINDUSTRIAL PRIVATE
FOREST LANDS; AND IN PROVIDING LONG-TERM WILDLIFE AND UPLAND GAME
COVER. IN CARRYING OUT THE PROVISIONS OF THIS TITLE, DUE REGARD SHALL
BE GIVEN TO THE MAINTENANCE OF A CONTINUING AND STABLE SUPPLY OF
AGRICULTURAL COMMODITIES AND FOREST PRODUCTS ADEQUATE TO MEET CONSUMER
DEMAND AT PRICES FAIR TO BOTH PRODUCERS AND CONSUMERS.
"(1) TO EFFECTUATE THE PLAN FOR HIS FARM, RANCH, FOREST,
WETLAND, OR OTHER LAND SUBSTANTIALLY IN ACCORDANCE WITH THE
SCHEDULE OUTLINED THEREIN;
"(2) TO FORFEIT ALL RIGHTS TO FURTHER PAYMENTS OR GRANTS UNDER
THE CONTRACT AND REFUND TO THE UNITED STATES ALL PAYMENTS OR
GRANTS RECEIVED THEREUNDER UPON HIS VIOLATION OF THE CONTRACT AT
ANY STAGE DURING THE TIME HE HAS CONTROL OF THE LAND IF THE
SECRETARY, AFTER CONSIDERING THE RECOMMENDATIONS OF THE SOIL AND
WATER CONSERVATION DISTRICT BOARD, OR THE STATE FORESTER OR OTHER
APPROPRIATE OFFICIAL IN A CONTRACT ENTERED INTO UNDER THE
PROVISIONS OF SECTION 1009 OF THIS TITLE, DETERMINES THAT SUCH
VIOLATION IS OF SUCH A NATURE AS TO WARRANT TERMINATION OF THE
CONTRACT, OR TO MAKE REFUNDS OR ACCEPT SUCH PAYMENT ADJUSTMENTS AS
THE SECRETARY MAY DEEM APPROPRIATE IF HE DETERMINES THAT THE
VIOLATION BY THE OWNER OR OPERATOR DOES NOT WARRANT TERMINATION OF
THE CONTRACT;
"(3) UPON TRANSFER OF HIS RIGHT AND INTEREST IN THE FARM,
RANCH, FOREST, WETLAND, OR OTHER LAND DURING THE CONTRACT PERIOD
TO FORFEIT ALL RIGHTS TO FURTHER PAYMENTS OR GRANTS UNDER THE
CONTRACT AND REFUND TO THE UNITED STATES ALL PAYMENTS OR GRANTS
RECEIVED THEREUNDER UNLESS THE TRANSFEREE OF ANY SUCH LAND AGREES
WITH THE SECRETARY TO ASSUME ALL OBLIGATIONS OF THE CONTRACT;
"(4) NOT TO ADOPT ANY PRACTICE SPECIFIED BY THE SECRETARY IN
THE CONTRACT AS A PRACTICE WHICH WOULD TEND TO DEFEAT THE PURPOSES
OF THE CONTRACT;
"SEC. 1002. ELIGIBLE LANDOWNERS AND OPERATORS FOR CONTRACTS UNDER
THIS TITLE SHALL FURNISH TO THE SECRETARY A PLAN OF FARMING OPERATIONS
OR LAND USE WHICH INCORPORATES SUCH PRACTICES AND PRINCIPLES AS MAY BE
DETERMINED BY HIM TO BE PRACTICABLE AND WHICH OUTLINES A SCHEDULE OF
PROPOSED CHANGES, IF ANY, IN CROPPING SYSTEMS OR LAND USE AND OF THE
CONSERVATION MEASURES WHICH ARE TO BE CARRIED OUT ON THE FARM, RANCH,
WETLAND, FORESTS, OR OTHER LAND DURING THE CONTRACT PERIOD TO PROTECT
THE FARM, RANCH, WETLAND, FORESTS OR OTHER LAND AND SURROUNDING AREAS,
ITS WILDLIFE, AND NEARBY POPULACE AND COMMUNITIES FROM EROSION,
DETERIORATION, POLLUTION BY NATURAL AND MANMADE CAUSES OR TO INSURE AN
ADEQUATE SUPPLY OF TIMBER, AND RELATED FOREST PRODUCTS. SAID PLANS MAY
ALSO, IN IMPORTANT MIGRATORY WATERFOWL NESTING AND BREEDING AREAS WHICH
ARE IDENTIFIED IN A CONSERVATION PLAN DEVELOPED IN COOPERATION WITH A
SOIL AND WATER CONSERVATION DISTRICT IN WHICH THE LANDS ARE LOCATED, AND
UNDER SUCH RULES AND REGULATIONS AS THE SECRETARY MAY PROVIDE, INCLUDE A
SCHEDULE OF PROPOSED CHANGES, IF ANY, TO CONSERVE SURFACE WATERS AND
PRESERVE AND IMPROVE HABITAT FOR MIGRATORY WATERFOWL AND OTHER WILDLIFE
RESOURCES AND IMPROVE SUBSURFACE MOISTURE, INCLUDING, SUBJECT TO THE
PROVISIONS OF SECTION 1001 OF THIS TITLE, THE REDUCTION OF AREAS OF NEW
LAND COMING INTO PRODUCTION, THE ENHANCEMENT OF THE NATURAL BEAUTY OF
THE LANDSCAPE, AND THE PROMOTION OF COMPREHENSIVE AND TOTAL WATER
MANAGEMENT STUDY.
"SEC. 1003. (A) APPROVED CONSERVATION PLANS OF ELIGIBLE LANDOWNERS
AND OPERATORS DEVELOPED IN COOPERATION WITH THE SOIL AND WATER
CONSERVATION DISTRICT OR THE STATE FORESTER OR OTHER APPROPRIATE STATE
OFFICIAL IN WHICH THEIR LANDS ARE SITUATED SHALL FORM A BASIS FOR
CONTRACTS UNDER THIS TITLE. //87 STAT. 242// //87 STAT. 243// UNDER THE
CONTRACT THE LANDOWNER OR OPERATOR SHALL AGREE--
"(5) TO COMPLY WITH ALL APPLICABLE FEDERAL, STATE, OR LOCAL
LAWS, AND REGULATIONS, INCLUDING THOSE GOVERNING ENVIRONMENTAL
PROTECTION AND NOXIOUS WEED ABATEMENT; AND
"(6) TO SUCH ADDITIONAL PROVISIONS AS THE SECRETARY DETERMINES
ARE DESIRABLE AND INCLUDES IN THE CONTRACT TO EFFECTUATE THE
PURPOSES OF THE PROGRAM OR TO FACILITATE THE PRACTICAL
ADMINISTRATION OF THE PROGRAM: PROVIDED, THAT ALL CONTRACTS
ENTERED INTO TO EFFECTUATE THE PURPOSES OF THE WATER BANK ACT FOR
WETLANDS SHALL CONTAIN THE FURTHER AGGREMENT OF THE OWNER OR
OPERATOR THAT HE SHALL NOT DRAIN, BURN, FILL, OR OTHERWISE DESTROY
THE WETLAND CHARACTER OF SUCH AREAS, NOR USE SUCH AREAS FOR
AGRICULTURAL PURPOSES: //84 STAT. 1468. 16 USC 1301 NOTE.// AND
PROVIDED FURTHER, THAT CONTRACTS ENTERED INTO FOR THE PROTECTION
OF WETLANDS TO EFFECTUATE THE PURPOSES OF THE WATER BANK ACT MAY
INCLUDE WETLANDS COVERED BY FEDERAL OR STATE GOVERNMENT EASEMENT
WHICH PERMITS AGRICULTURAL USE, TOGETHER WITH SUCH ADJACENT AREAS
AS DETERMINED DESIRABLE BY THE SECRETAARY.
"(B) IN RETURN FOR SUCH AGREEMENT BY THE LANDOWNER OR OPERATOR THE
SECRETARY SHALL AGREE TO MAKE PAYMENTS IN APPROPRAITE CIRCUMSTANCES FOR
THE USE OF LAND MAINTAINED FOR CONSERVATION PURPOSES AS SET FORTH IN
THIS TITLE, AND SHARE THE COST OF CARRYING OUT THOSE CONSERVATION
PRACTICES AND MEASURES SET FORTH IN THE CONTRACT FOR WHICH HE DETERMINES
THAT COST-SHARING IS APPROPRIATE AND IN THE PUBLIC INTEREST. THE
PORTION OF SUCH COST (INCLUDING LABOR) TO BE SHARED SHALL BE THAT PART
WHICH THE SECRETARY DETERMINES IS NECESSARY AND APPROPRIATE TO
EFFECTUATE THE PHYSICAL INSTALLATION OF THE CONSERVATION PRACTICES AND
MEASURES UNDER THE CONTRACT, BUT, IN THE CASE OF A CONTRACT NOT ENTERED
INTO UNDER AN ADVERTISING AND BID PROCEDURE UNDER THE PROVISIONS OF
SECTION 1009(D) OF THIS TITLE, NOT LESS THAN 50 PER CENTUM OR MORE THAN
75 PER CENTUM OF THE ACTUAL COST INCURRED BY THE OWNER OR OPERATOR.
"(C) THE SECRETARY MAY TERMINATE ANY CONTRACT WITH A LANDOWNER OR
OPERATOR BY MUTUAL AGREEMENT WITH THE OWNER OR OPERATOR IF THE SECRETARY
DETERMINES THAT SUCH TERMINATION WOULD BE IN THE PUBLIC INTEREST, AND
MAY AGREE TO SUCH MODIFICATION OF CONTRACTS PREVIOUSLY ENTERED INTO AS
HE MAY DETERMINE TO BE DESIRABLE TO CARRY OUT THE PURPOSES OF THE
PROGRAM OR FACILITATE THE PRACTICAL ADMINISTRATION THEREOF OR TO
ACCOMPLISH EQUITABLE TREATMENT WITH RESPECT TO OTHER SIMILIAR
CONSERVATION, LAND USE, OR COMMODITY PROGRAMS ADMINISTERED BY THE
SECRETARY.
"SEC. 1004. THE SECRETARY IS AUTHORIZED TO MAKE AVAILABLE TO
ELIGIBLE OWNERS AND OPERATORS CONSERVATION MATERIALS INCLUDING SEEDS,
SEED INOCULANTS, SOIL CONDITIONING MATERIALS, TREES, PLANTS, AND, IF HE
DETERMINES IT IS APPROPRIATE TO THE PURPOSES OF THIS TITLE, FERTILIZER
AND LIMING MATERIALS.
"SEC. 1005. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER TITLE,
THE SECRETARY MAY ESTABLISH MULTIYEAR SET-ASIDE CONTRACTS FOR A PERIOD
NOT TO EXTEND BEYOND THE 1977 CROP. SUCH CONTRACTS MAY BE ENTERED INTO
ONLY AS A PART OF THE PROGRAMS IN EFFECT FOR WHEAT, FEED GRAINS, AND
COTTON FOR THE YEARS 1974 THROUGH 1978, AND ONLY PRODUCERS PARTICIPATING
IN ONE OR MORE OF SUCH PROGRAMS SHALL BE ELIGIBLE TO CONTRACT WITH THE
SECRETARY UNDER THIS SECTION. PRODUCERS AGREEING TO A MULTIYEAR
SET-ASIDE AGREEMENT SHALL BE REQUIRED TO DEVOTE THIS ACREAGE TO
VEGETATIVE COVER CAPABLE OF MAINTAINING ITSELF THROUGHOUT SUCH PERIOD TO
PROVIDE SOIL PROTECTION, WATER QUALITY ENHANCEMENT, WILDLIFE PRODUCTION,
AND NATURAL BEAUTY. GRAZING OF LIVESTOCK UNDER THIS SECTION SHALL BE
PROHIBITED. //87 STAT. 243// //87 STAT. 244// PRODUCERS ENTERING INTO
AGREEMENTS UNDER THIS SECTION SHALL ALSO AGREE TO COMPLY WITH ALL
APPLICABLE STATE AND LOCAL LAW AND REGULATION GOVERNING NOXIOUS WEED
CONTROL.
"(B) THE SECRETARY SHALL PROVIDE COST-SHARING INCENTIVES TO FARM
OPERATORS FOR SUCH COVER ESTABLISHMENT, WHENEVER A MULTIYEAR CONTRACT IS
ENTERED INTO ON ALL OR A PORTION OF THE SET-ASIDE ACREAGE.
"SEC. 1006. THE SECRETARY SHALL ISSUE SUCH REGULATIONS AS HE
DETERMINES NECESSARY TO CARRY OUT THE PROVISIONS OF THIS TITLE. THE
TOTAL ACREAGE PLACED UNDER AGREEMENTS WHICH RESULT IN THEIR RETIREMENT
FROM PRODUCTION IN ANY COUNTY OR LOCAL COMMUNITY SHALL IN ADDITION TO
THE LIMITATIONS ELSEWHERE IN THIS TITLE BE LIMITED TO A PERCENTAGE OF
THE TOTAL ELIGIBLE ACREAGE IN SUCH COUNTY OR LOCAL COMMUNITY WHICH THE
SECRETARY DETERMINES WOULD NOT ADVERSELY AFFECT THE ECONOMY OF THE
COUNTY OR LOCAL COMMUNITY. IN DETERMINING SUCH PERCENTAGE THE SECRETARY
SHALL GIVE APPROPRIATE CONSIDERATION TO THE PRODUCTIVITY OF THE ACREAGE
BEING RETIRED, IF ANY, AS COMPARED TO THE AVERAGE PRODUCTIVITY OF
ELIGIBLE ACREAGE IN SUCH COUNTY OR LOCAL COMMUNITY WHICH THE SECRETARY
DETERMINES WOULD NOT ADVERSELY AFFECT THE ECONOMY OF THE COUNTY OR LOCAL
COMMUNITY.
"SEC. 1007. (A) THE SECRETARY OF AGRICULTURE SHALL APPOINT AN
ADVISORY BOARD IN EACH STATE TO ADVISE THE STATE COMMITTEE OF THAT STATE
(ESTABLISHED UNDER SECTION 8(B) OF THE SOIL CONSERVATION AND DOMESTIC
ALLOTMENT ACT) //52 STAT. 31; 86 STAT. 676. 16 USC 590H// REGARDING THE
TYPES OF CONSERVATION MEASURES THAT SHOULD BE APPROVED TO EFFECTUATE THE
PURPOSES OF THIS TITLE. THE SECRETARY SHALL APPOINT AT LEAST SIX
INDIVIDUALS TO THE ADVISORY BOARD OF EACH STATE WHO ARE ESPECIALLY
QUALIFIED BY REASON OF EDUCATION, TRAINING, AND EXPERIENCE IN THE FIELDS
OF AGRICULTURE, SOIL, WATER, WILDLIFE, FISH, AND FOREST MANAGEMENT. THE
ADVISORY BOARD APPOINTED FOR ANY STATE SHALL MEET AT LEAST ONCE EACH
CALENDAR YEAR. SAID APPOINTED MEMBERS SHALL INCLUDE, BUT NOT BE LIMITED
TO, THE STATE SOIL CONSERVATIONIST, THE STATE FORESTER, THE STATE
ADMINISTRATOR OF THE WATER QUALITY PROGRAMS, AND THE STATE WILDLIFE
ADMINISTRATOR OR THEIR DESIGNEES: PROVIDED, THAT SUCH BOARD SHALL LIMIT
ITS ADVICE TO THE STATE COMMITTEES TO THE TYPES OF CONSERVATION MEASURES
THAT SHOULD BE APPROVED AFFECTING THE WATER BANK PROGRAM; THE
AUTHORIZATION TO PURCHASE PERPETUAL EASEMENTS TO PROMOTE THE PURPOSES OF
THIS TITLE, AS DESCRIBED IN SECTION 1001 OF THIS TITLE; THE PROVIDING
OF LONG-TERM UPLAND GAME COVER; AND THE ESTABLISHMENT AND MANAGEMENT OF
APPROVED PRACTICES ON MULTIYEAR SET-ASIDE CONTRACTS AS PROVIDED IN
SECTION 1005 OF THIS TITLE:
"(B) THE SECRETARY OF AGRICULTURE, THROUGH THE ESTABLISHMENT OF A
NATIONAL ADVISORY BOARD TO BE NAMED IN CONSULTATION WITH THE SECRETARY
OF THE INTERIOR, SHALL SEEK THE ADVICE AND ASSISTANCE OF THE APPROPRIATE
OFFICIALS OF THE SEV RAL STATES IN DEVELOPING THE PROGRAMS UNDER THIS
TITLE, ESPECIALLY IN DEVELOPING GUIDELINES FOR (1) PROVIDING TECHNICAL
ASSISTANCE FOR WILDLIFE HABITAT IMPROVEMENT PRACTICES, (2) EVALUATING
EFFECTS ON SURROUNDING AREAS, (3) CONSIDERING AESTHETIC VALUES, (4)
CHECKING COMPLIANCE BY COOPERATORS, AND (5) CARRYING OUT PROGRAMS OF
WILDLIFE MANAGEMENT AUTHORIZED UNDER THIS TITLE: PROVIDED, THAT SUCH
BOARD SHALL LIMIT ITS ADVICE TO SUBJECTS WHICH COVER THE TYPES OF
CONSERVATION MEASURES THAT SHOULD BE APPROVED REGARDING THE WATER BANK
PROGRAM; THE AUTHORIZATION TO PURCHASE PERPETUAL EASEMENTS TO PROMOTE
THE PURPOSES OF THIS ACT, AS DESCRIBED IN SECTION 1001 OF THIS TITLE;
THE PROVIDING OF LONG-TERM UPLAND GAME COVER; AND THE ESTABLISHMENT AND
MANAGEMENT OF APPROVED PRACTICES ON MULTIYEAR SET-ASIDE CONTRACTS AS
PROVIDED IN SECTION 1005 OF THIS TITLE.
"SEC. 1008. IN CARRYING OUT THE PROGRAMS AUTHORIZED UNDER SECTIONS
1001 THROUGH 1006 OF THIS TITLE, THE SECRETARY SHALL, IN ADDITION TO
APPROPRIATE COORDINATION WITH OTHER INTERESTED FEDERAL, STATE, AND LOCAL
AGENCIES, UTILIZE THE SERVICES OF LOCAL, COUNTY, AND STATE COMMITTEES
ESTABLISHED UNDER SECTION 8 OF THE SOIL CONSERVATION AND DOMESTIC
ALLOTMENT ACT, //87 STAT. 245// //49 STAT. 163; 86 STAT. 676. 16 USC
590H.// AS AMENDED. THE SECRETARY IS ALSO AUTHORIZED TO UTILIZE THE
FACILITIES AND SERVICES OF THE COMMODITY CREDIT CORPORATION IN
DISCHARGING HIS FUNCTIONS AND RESPONSIBILITIES UNDER THIS PROGRAM. THE
SECRETARY SHALL ALSO UTILIZE THE TECHNICAL SERVICES OF THE SOIL
CONSERVATION SERVICE, THE FOREST SERVICE, STATE FORESTRY ORGANIZATIONS,
SOIL AND WATER CONSERVATION DISTRICTS, AND OTHER STATE, AND FEDERAL
AGENCIES, AS APPROPRIATE, IN DEVELOPMENT AND INSTALLATION OF APPROVED
CONSERVATION PLANS UNDER THIS TITLE.
"SEC. 1009. (A) IN FURTHERANCE OF THE PURPOSES OF THIS TITLE, THE
SECRETARY OF AGRICULTURE IS AUTHORIZED AND DIRECTED TO DEVELOP AND CARRY
OUT A FORESTRY INCENTIVES PROGRAM TO ENCOURAGE THE DEVELOPMENT,
MANAGEMENT, AND PROTECTION OF NONINDUSTRIAL PRIVATE LANDS. THE PURPOSES
OF SUCH A PROGRAM SHALL BE TO ENCOURAGE LANDOWNERS TO APPLY PRACTICES
WHICH WILL PROVIDE FOR THE AFFORESTATION OF SUITABLE OPEN LANDS AND
REFORESTATION OF CUTOVER AND OTHER NONSTOCKED AND UNDERSTOCKED FOREST
LANDS AND INTENSIVE MULTIPLE-PURPOSE MANAGEMENT AND PROTECTION OF FOREST
RESOURCES SO AS TO PROVIDE FOR PRODUCTION OF TIMBER AND RELATED
BENEFITS.
"(B) FOR THE PURPOSES OF THIS SECTION, THE TERM 'NON-INDUSTRIAL
PRIVATE FOREST LANDS' MEANS LANDS CAPABLE OF PRODUCING CROPS OF
INDUSTRIAL WOOD AND OWNED BY ANY PRIVATE INDIVIDUAL, GROUP, ASSOCIATION,
CORPORATION, OR OTHER LEGAL ENTITY. SUCH TERM DOES NOT INCLUDE PRIVATE
ENTITIES WHICH REGULARLY ENGAGE IN THE BUSINESS OF MANUFACTURING FOREST
PRODUCTS OR PROVIDING PUBLIC UTILITIES SERVICES OF ANY TYPE, OR THE
SUBSIDIARIES OF SUCH ENTITIES.
"(C) THE SECRETARY SHALL CONSULT WITH THE STATE FORESTER OR OTHER
APPROPRIATE OFFICIAL OF THE RESPECTIVE STATES IN THE CONDUCT OF THE
FORESTRY INCENTIVES PROGRAM UNDER THIS SECTION, AND FEDERAL ASSISTANCE
SHALL BE EXTENDED IN ACCORDANCE WITH SECTION 1003(B) OF THIS TITLE. THE
SECRETARY SHALL FOR THE PURPOSES OF THIS SECTION DISTRIBUTE FUNDS
AVAILABLE FOR COST SHARING AMONG AND WITHIN THE STATES ONLY AFTER
ASSESSING THE PUBLIC BENEFIT INCIDENT THERETO, AND AFTER GIVING
APPROPRIATE CONSIDERATION TO THE NUMBER AND ACREAGE OF COMMERCIAL FOREST
LANDS; AND THE NEED FOR REFORESTATION, TIMBER STAND IMPROVEMENT, OR
OTHER FORESTRY INVESTMENTS ON SUCH LAND. NO FOREST INCENTIVES CONTRACT
SHALL BE APPROVED UNDER THIS SECTION ON A TRACT GREATER THAN FIVE
HUNDRED ACRES, UNLESS THE SECRETARY FINDS THAT SIGNIFICANT PUBLIC
BENEFIT WILL BE INCIDENT TO SUCH APPROVAL.
"(D) THE SECRETARY MAY, IF HE DETERMINES THAT SUCH ACTION WILL
CONTRIBUTE TO THE EFFECTIVE AND EQUITABLE ADMINISTRATION OF THE PROGRAM
ESTABLISHED BY THIS SECTION, USE AN ADVERTISING AND BID PROCEDURE IN
DETERMINING THE LANDS IN ANY AREA TO BE COVERED BY AGREEMENTS.
"(E) IN IMPLEMENTING THE PROGRAM UNDER THIS SECTION, THE SECRETARY
WILL CAUSE IT TO BE COORDINATED WITH OTHER RELATED PROGRAMS IN SUCH A
MANNER AS TO ENCOURAGE THE UTILIZATION OF PRIVATE AGENCIES, FIRMS, AND
INDIVIDUALS FURNISHING SERVICES AND MATERIALS NEEDED IN THE APPLICATION
OF PRACTICES INCLUDED IN THE FORESTRY INCENTIVES IMPROVEMENT PROGRAM.
THE SECRETARY SHALL PERIODICALLY REPORT TO THE APPROPRIATE CONGRESSIONAL
COMMITTEES OF THE PROGRESS AND CONDUCT OF THE PROGRAM ESTABLISHED UNDER
THIS SECTION.
"SEC. 1010. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED ANNUALLY
SUCH SUMS AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS TITLE.
THE PROGRAMS, CONTRACTS, AND AUTHORITY AUTHORIZED UNDER THIS TITLE
SHALL BE IN ADDITION TO, AND NOT IN SUBSTITUTION FOR, OTHER PROGRAMS IN
SUCH AREAS AUTHORIZED BY THIS OR ANY OTHER TITLE OR ACT, AND SHALL NOT
EXPIRE WITH THE TERMINATION OF ANY OTHER TITLE OR ACT: //87 STAT. 246//
PROVIDED, THAT NOT MORE THAN $25,000,000 ANNUALLY SHALL BE AUTHORIZED TO
BE APPROPRIATED FOR THE PROGRAMS AUTHORIZED UNDER SECTION 1009 OF THIS
ACT."
SEC. 2. SECTION 301 OF THE ACT OF AUGUST 14, 1946 (PUBLIC LAW 79 -
733) AS AMENDED (7 U.S.C. 1628), IS HEREBY REPEALED. //60 STAT. 1091;
81 STST. 752.//
SEC. 3. THE FOOD STAMP ACT OF 1964, AS AMENDED, IS AMENDED AS
FOLLOWS:
(A) THE SECOND SENTENCE OF SECTION 3(E) OF THE FOOD STAMP ACT OF 1964
(7 U.S.C. 2012(E)) IS AMENDED-- //84 STAT. 2048; 86 STAT. 1491.//
(1) BY STRIKING OUT "OR"; AND
(2) BY INSERTING BEFORE THE PERIOD AT THE END THEREOF THE
FOLLOWING: ",OR (3) ANY NARCOTICS ADDICT OR ALCOHOLIC WHO LIVES
UNDER THE SUPERVISION OF A PRIVATE NONPROFIT ORGANIZATION OR
INSTITUTION FOR THE PURPOSE OF REGULAR PARTICIPATION IN A DRUG OR
ALCOHOLIC TREATMENT AND REHABILITATION PROGRAM."
(B) SECTION 3(E) OF THE FOOD STAMP ACT OF 1964 IS AMENDED BY STRIKING
OUT THE LAST SENTENCE THEREIN AND INSERTING IN LIEU THEREOF THE
FOLLOWING SENTENCE: "NO INDIVIDUAL WHO RECEIVES SUPPLEMENTAL SECURITY
INCOME BENEFITS UNDER TITLE XVI OF THE SOCIAL SECURITY ACT //86 STAT.
1465; 42 USC 1381.// SHALL BE CONSIDERED TO BE A MEMBER OF A HOUSEHOLD
OR AN ELDERLY PERSON FOR ANY PURPOSE OF THIS ACT FOR ANY MONTH IF SUCH
PERSON RECEIVES FOR SUCH MONTH, AS PART OF HIS SUPPLEMENTAL SECURITY
INCOME BENEFITS OR PAYMENTS DESCRIBED IN SECTION 1616(A) OF THE SOCIAL
SECURITY ACT (IF ANY), //42 USC 1382E.// AN AMOUNT EQUAL TO THE BONUS
VALUE OF FOOD STAMPS (ACCORDING TO THE FOOD STAMP SCHEDULE EFFECTIVE FOR
JULY 1973) IN ADDITION TO THE AMOUNT OF ASSISTANCE SUCH INDIVIDUAL WOULD
BE ENTITLED TO RECEIVE FOR SUCH MONTH UNDER THE PROVISIONS OF THE PLAN
OF THE STATE APPROVED UNDER TITLE I, X, XIV, XVI, //86 STAT. 1484. 42
USC 301, 1201, 1351,// AS APPROPRIATE, IN EFFECT FOR DECEMBER 1973,
ASSUMING SUCH PLAN WERE IN EFFECT FOR SUCH MONTH AND SUCH INDIVIDUAL
WERE AGED, BLIND, OR DISABLED, AS THE CASE MAY BE, UNDER THE PROVISIONS
OF SUCH STATE PLAN OR UNDER PUBLIC LAW 92 - 603 AS AMENDED. //86 STAT.
1329. 42 USC 401 NOTE.// THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
SHALL ISSUE REGULATIONS FOR THE IMPLEMENTATION OF THE FOREGOING SENTENCE
AFTER CONSULTATION WITH THE SECRETARY OF AGRICULTURE."
(C) SECTION 3 OF THE FOOD STAMP ACT OF 1964 //78 STAT. 703; 84 STAT.
2049.// (7 U.S.C. 2012) IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION:
"(N) THE TERM 'DRUG ADDICTION OR ALCOHOLIC TREATMENT AND
REHABILITATION PROGRAM' MEANS ANY DRUG ADDICTION OR ALCOHOLIC TREATMENT
AND REHABILITATION PROGRAM CONDUCTED BY A PRIVATE NONPROFIT ORGANIZATION
OR INSTITUTION WHICH IS CERTIFIED BY THE STATE AGENCY OR AGENCIES
DESIGNATED BY THE GOVERNOR AS RESPONSIBLE FOR THE ADMINISTRATION OF THE
STATE'S PROGRAMS FOR ALCOHOLICS AND DRUG ADDICTS PURSUANT TO PUBLIC LAW
91 - 616 'COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOL PREVENTION, TREATMENT,
AND REHABILITATION ACT' AND PUBLIC LAW 92 - 255 'DRUG ABUSE OFFICE AND
TREATMENT ACT OF 1972' //84 STAT. 1848. 42 USC 4551 NOTE.// AS
PROVIDING TREATMENT THAT CAN LEAD TO THE REHABILITATION OF DRUG ADDICTS
OR ALCOHOLICS."
(D) SECTION 5 OF THE FOOD STAMP ACT OF 1964 //86 STAT. 65. 21 USC
1101 NOTE.// (7 U.S.C. 2014) IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION:
"(D) THE SECRETARY SHALL ESTABLISH UNIFORM NATIONAL STANDARDS OF
ELIGIBILITY FOR HOUSEHOLDS DESCRIBED IN SECTION 3(E)(3) OF THIS ACT."
//84 STAT. 2049.//
(E) SECTION 5(C) OF THE FOOD STAMP ACT OF 1964 //87 STAT. 247// //84
STAT. 2050.// (7 U.S.C. 2014(C)) IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING: "FOR THE PURPOSES OF THIS SECTION, THE TERM 'ABLE-BODIED
ADULT PERSON' SHALL NOT INCLUDE ANY NARCOTICS ADDICT OR ALCOHOLIC WHO
REGULARLY PARTICIPATES, AS A RESIDENT OR NONRESIDENT, IN ANY DRUG
ADDICTION OR ALCOHOLIC TREATMENT AND REHABILITATION PROGRAM."
(F) SECTION 10 OF THE FOOD STAMP ACT OF 1964 //78 STAT. 706; 84
STAT. 2051.// (7 U.S.C. 2019) IS AMENDED BY INSERTING AT THE END THEREOF
THE FOLLOWING NEW SUBSECTION:
"(I) SUBJECT TO SUCH TERMS AND CONDITIONS AS MAY BE PRESCRIBED BY THE
SECRETARY IN THE REGULATIONS PURSUANT TO THIS ACT, MEMBERS OF AN
ELIGIBLE HOUSEHOLD WHO ARE NARCOTICS ADDICTS OR ALCOHOLICS AND REGULARLY
PARTICIPATE IN A DRUG ADDICTION OR ALCOHOLIC TREATMENT AND
REHABILITATION PROGRAM MAY USE COUPONS ISSUED TO THEM TO PURCHASE FOOD
PREPARED FOR OR SERVED TO THEM DURING THE COURSE OF SUCH PROGRAM BY A
PRIVATE NONPROFIT ORGANIZATION OR INSTITUTION WHICH MEETS REQUIREMENTS
(1), (2), AND (3) OF SUBSECTION (H) ABOVE. MEALS SERVED PURSUANT TO
THIS SUBSECTION SHALL BE DEEMED 'FOOD' FOR THE PURPOSES OF THIS ACT."
(G) SECTION 5(B) //84 STAT. 2049.// IS AMENDED BY INSERTING THE
FOLLOWING BEFORE THE PERIOD AT THE END OF THE SECOND SENTENCE:
":PROVIDED, THAT SUCH STANDARDS SHALL TAKE INTO ACCOUNT PAYMENTS IN KIND
RECEIVED FROM AN EMPLOYER BY MEMBERS OF A HOUSEHOLD, IF SUCH PAYMENTS
ARE IN LIEU OF OR SUPPLEMENTAL TO HOUSEHOLD INCOME: PROVIDED FURTHER,
THAT SUCH PAYMENTS IN KIND SHALL BE LIMITED ONLY TO HOUSING PROVIDED BY
SUCH EMPLOYER TO SUCH EMPLOYEE AND SHALL BE THE ACTUAL VALUE OF SUCH
HOUSING BUT IN NO EVENT SHALL SUCH VALUE BE CONSIDERED TO BE IN EXCESS
OF THE SUM OF $25.00 PER MONTH."
(H) THE FOURTH SENTENCE OF SECTION 5(B) IS AMENDED TO READ AS
FOLLOWS:
"THE SECRETARY MAY ALSO ESTABLISH TEMPORARY EMERGENCY STANDARDS OF
ELIGIBILITY FOR THE DURATION OF THE EMERGENCY, WITHOUT REGARD TO INCOME
AND OTHER FINANCIAL RESOURCES, FOR HOUSEHOLDS THAT ARE THE VICTIMS OF A
MECHANICAL DISASTER WHICH DISRUPTS THE DISTRIBUTION OF COUPONS, AND FOR
HOUSEHOLDS THAT ARE VICTIMS OF A DISASTER WHICH DISRUPTED COMMERCIAL
CHANNELS OF FOOD DISTRIBUTION WHEN HE DETERMINES THAT SUCH HOUSEHOLDS
ARE IN NEED OF TEMPORARY FOOD ASSISTANCE, AND THAT COMMERCIAL CHANNELS
OF FOOD DISTRIBUTION HAVE AGAIN BECOME AVAILABLE TO MEET THE TEMPORARY
FOOD NEEDS OF SUCH HOUSEHOLDS: PROVIDED, THAT THE SECRETARY SHALL IN
THE CASE OF PUERTO RICO, GUAM, AND THE VIRGIN ISLAND, ESTABLISH SPECIAL
STANDARDS OF ELIGIBILITY AND COUPON ALLOTMENT SCHEDULES WHICH REFLECT
THE AVERAGE PER CAPITA INCOME AND COST OF OBTAINING A NUTRITIONALLY
ADEQUATE DIET IN PUERTO RICO AND THE RESPECTIVE TERRITORIES; EXCEPT
THAT IN NO EVENT SHALL THE STANDARDS OF ELIGIBILITY OR COUPON ALLOTMENT
SCHEDULES SO USED EXCEED THOSE IN THE FIFTY STATES."
(I) SECTION 10(E) //84 STAT. 2051.// IS AMENDED BY STRIKING OUT "AND
(6)" AND INSERTING IN LIEU THEREOF THE FOLLOWING: "(6) ISSUANCE OF
COUPON ALLOTMENT NO LESS OFTEN THAN TWO TIMES PER MONTH; (7)
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE INSTITUTION OF
PROCEDURES UNDER WHICH ANY HOUSEHOLD PARTICIPATING IN THE PROGRAM SHALL
BE ENTITLED, IF IT SO ELECTS, TO HAVE THE CHARGES, IF ANY, FOR ITS
COUPON ALLOTMENT DEDUCTED FROM ANY GRANT OR PAYMENT SUCH HOUSEHOLD MAY
BE ENTITLED TO RECEIVE UNDER TITLE IV OF THE SOCIAL SECURITY ACT AND
HAVE ITS COUPON ALLOTMENT DISTRIBUTED TO IT WITH SUCH GRANT OR PAYMENT;
//49 STAT. 627; 81 STAT. 864. 42 USC 601.// "THE STATE AGENCY IS
REQUIRED TO SUBMIT, PRIOR TO JANUARY 1, 1974, FOR APPROVAL, A PLAN OF
OPERATION SPECIFYING THE MANNER IN WHICH SUCH STATE AGENCY INTENDS TO
CONDUCT THE PROGRAM IN EVERY POLITICAL SUBDIVISION IN THE STATE; //87
STAT. 248// UNLESS SUCH STATE AGENCY CAN DEMONSTRATE THAT FOR ANY
POLITICAL SUBDIVISION IT IS IMPOSSIBLE OR IMPRACTICABLE TO EXTEND THE
PROGRAM TO SUCH SUBDIVISION. THE SECRETARY SHALL MAKE A DETERMINATION
OF APPROVAL OR DISAPPROVAL OF A PLAN OF OPERATION SUBMITTED BY A STATE
AGENCY IN SUFFICIENT TIME TO PERMIT INSTITUTION OF SUCH PLAN BY NO LATER
THAN JUNE 30, 1974."
(J) SECTION 16(A) //84 STAT. 2052. 7 USC 2025.// IS AMENDED BY
STRIKING OUT IN THE FIRST SENTENCE "JUNE 30, 1972, AND JUNE 30, 1973"
AND SUBSTITUTING "JUNE 30, 1972, THROUGH JUNE 30, 1977", AND BY
INSERTING AT THE END OF THE FIRST SENTENCE OF SUBSECTION (A) THE
FOLLOWING NEW SENTENCE: "SUMS APPROPRIATED UNDER THE PROVISIONS OF THIS
ACT SHALL, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, CONTINUE TO
REMAIN AVAILABLE UNTIL EXPENDED."
(K) SECTION 10(H) //84 STAT. 2051. 7 USC 2019.// IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING: "SUBJECT TO SUCH TERMS AND CONDITIONS
AS MAY BE PRESCRIBED BY THE SECRETARY, IN THE REGULATIONS ISSUED
PURSUANT TO THIS ACT, MEMBERS OF AN ELIGIBLE HOUSEHOLD WHO ARE SIXTY
YEARS OF AGE OR OVER OR ELDERLY PERSONS AND THEIR SPOUSES MAY ALSO USE
COUPONS ISSUED TO THEM TO PURCHASE MEALS PREPARED BY SENIOR CITIZENS'
CENTERS, APARTMENT BUILDINGS OCCUPIED PRIMARILY BY ELDERLY PERSONS, AT
PUBLIC OR NONPROFIT PRIVATE SCHOOL WHICH PREPARES MEALS ESPECIALLY FOR
ELDERLY PERSONS, AT PUBLIC OR NONPROFIT PRIVATE EATING ESTABLISHMENT
WHICH PREPARES MEALS ESPECIALLY FOR ELDERLY PERSONS DURING SPECIAL
HOURS, AND ANY OTHER PUBLIC OR NONPROFIT PRIVATE ESTABLISHMENT APPROVED
FOR SUCH PURPOSE BY THE SECRETARY. WHEN AN APPROPRIATE STATE OR LOCAL
AGENCY CONTRACTS WITH A PRIVATE ESTABLISHMENT TO OFFER, AT CONCESSIONAL
PRICES, MEALS PREPARED ESPECIALLY FOR ELDERLY PERSONS DURING REGULAR OR
SPECIAL HOURS, THE SECRETARY SHALL PERMIT ELIGIBLE HOUSEHOLDS WHO ARE
SIXTY YEARS OF AGE OR OVER OR ELDERLY PERSONS AND THEIR SPOUSES TO USE
COUPONS ISSUED TO THEM TO PURCHASE SUCH MEALS."
(1) SECTION 3(B) OF THE FOOD STAMP ACT OF 1964, //"FOOD." 78 STAT.
703.// (7 U.S.C. 2012(B)) IS AMENDED BO READ AS FOLLOWS: "THE TERM
'FOOD' MEANS ANY FOOD OR FOOD PRODUCT FOR HOME CONSUMPTION EXCEPT
ALCOHOLIC BEVERAGES AND TOBACCO AND SHALL ALSO INCLUDE SEEDS AND PLANTS
FOR USE IN GARDENS TO PRODUCE FOOD FOR THE PERSONAL CONSUMPTION OF THE
ELIGIBLE HOUSEHOLD."
(M) SECTION 7(A) OF THE FOOD STAMP ACT OF 1964 //84 STAT. 2050.// (7
U.S.C. 2016(A)) IS AMENDED TO READ AS FOLLOWS:
"(A) THE FACE VALUE OF THE COUPON ALLOTMENT WHICH STATE AGENCIES
SHALL BE AUTHORIZED TO ISSUE TO ANY HOUSEHOLDS CERTIFIED AS ELIGIBLE TO
PARTICIPATE IN THE FOOD STAMP PROGRAM SHALL BE IN SUCH AMOUNT AS THE
SECRETARY DETERMINES TO BE THE COST OF A NUTRITIONALLY ADEQUATE DIET,
ADJUSTED SEMIANNUALLY BY THE NEAREST DOLLAR INCREMENT THAT IS A MULTIPLE
OF TWO TO REFLECT CHANGES IN THE PRICES OF FOOD PUBLISHED BY THE BUREAU
OF LABOR STATISTICS IN THE DEPARTMENT OF LABOR TO BE IMPLEMENTED
COMMENCING WITH THE ALLOTMENTS OF JANUARY 1, 1974, INCORPORATING THE
CHANGES IN THE PRICES OF FOOD THROUGH AUGUST 31, 1973, BUT IN NO EVENT
SHALL SUCH ADJUSTMENTS BE MADE FOR VALUE OF THE COUPON ALLOTMENT FOR
SUCH HOUSEHOLDS, AS CALCULATED ABOVE, IS A MINIMUM OF $2.00."
(N) THE FOLLOWING NEW SECTION IS ADDED AT THE END OF SUCH ACT:
"SEC. 17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, MEMBERS
OF ELIGIBLE HOUSEHOLDS LIVING IN THE STATE OF ALASKA SHALL BE PERMITTED
IN ACCORDANCE WITH SUCH RULES AND REGULATIONS AS THE SECRETARY MAY
PRESCRIBE, TO PURCHASE HUNTING AND FISHING EQUIPMENT FOR THE PURPOSE OF
PROCURING FOOD FOR THE HOUSEHOLD EXCEPT FIREARMS, AMMUNITION, AND OTHER
EXPLOSIVES, //87 STAT. 249// WITH COUPONS ISSUED UNDER THIS ACT IF THE
SECRETARY DETERMINES THAT (1) SUCH HOUSEHOLDS ARE LOCATED IN AN AREA OF
THE STATE WHICH MAKES IT EXTREMELY DIFFICULT FOR MEMBERS OF SUCH
HOUSEHOLDS TO REACH RETAIL FOOD STORES, AND (2) SUCH HOUSEHOLDS DEPEND
TO A SUBSTANTIAL EXTENT ON HUNTING AND FISHING FOR SUBSISTENCE
PURPOSES."
(0) SECTION 3(F) OF THE FOOD STAMP ACT OF 1964 //78 STAT. 703; 84
STAT. 2048.// (7 U.S.C. 2012 (F)) IS AMENDED BY STRIKING THE SECOND
SENTENCE: "IT SHALL ALSO MEAN A POLITICAL SUBDIVISION OR A PRIVATE
NONPROFIT ORGANIZATION OR INSTITUTION THAT MEETS THE REQUIREMENTS OF
SECTION 10(H) OR 10(I) OF THIS ACT." //ANTE, PP. 148, 147.//
(P) SECTION 3(E) //84 STAT. 2048; 86 STAT. 1491.// IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCE: "RESIDENTS OF
FEDERALLY SUBSIDIZED HOUSING FOR THE ELERDLY, BUILT UNDER EITHER SECTION
202 OF THE HOUSING ACT OF 1959 (12 U.S.C. 1701Q), //73 STAT. 667; 83
STAT. 390.// OR SECTION 236 OF THE NATIONAL HOUSING ACT (12 U. S.C.
1715Z-1) //82 STAT. 498; 84 STAT. 1776.// SHALL NOT BE CONSIDERED
RESIDENTS OF AN INSTITUTION OR BOARDING HOUSE FOR PURPOSES OF
ELIGIBILITY FOR FOOD STAMPS UNDER THIS ACT."
"SEC. 4. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
SECRETARY OF AGRICULTURE IS HEREBY AUTHORIZED UNTIL JULY 1, 1974 (1) TO
USE FUNDS AVAILABLE TO CARRY OUT THE PROVISIONS OF SECTION 32 OF PUBLIC
LAW NO. 320, //49 STAT. 774.// SEVENTY-FOURTH CONGRESS, AS AMENDED (7
U.S.C. 612C), AND NOT EXPENDED OR NEEDED FOR SUCH PURPOSE TO PURCHASE,
WITHOUT REGARD TO THE PROVISIONS OF EXISTING LAW GOVERNING THE
EXPENDITURE OF PUBLIC FUNDS, AGRICULTURAL COMMODITIES AND THEIR PRODUCTS
OF THE TYPES CUSTOMARILY PURCHASED UNDER SECTION 32 FOR DONATION TO
MAINTAIN THE ANNUALLY PROGRAMMED LEVEL OF ASSISTANCE FOR SCHOOLS,
DOMESTIC RELIEF AUTHORIZED BY LAW, AND (2) IF STOCKS OF THE COMMODITY
CREDIT CORPORATION ARE NOT AVAILABLE, TO USE THE FUNDS OF THE
CORPORATION TO PURCHASE AGRICULTURAL COMMODITIES AND THE PRODUCTS
THEREOF OF THE TYPES CUSTOMARILY AVAILABLE UNDER SECTION 416 OF THE
AGRICULTURAL ACT OF 1949 TO MEET SUCH REQUIREMENTS. //68 STAT. 458; 86
STAT. 1492. 7 USC 1431.//
(B) THE SECRETARY IS PROHIBITED FROM FURNISHING COMMODITIES TO SUMMER
CAMPS AS AUTHORIZED UNDER SECTION 416 OF THE AGRICULTURAL ACT OF 1949,
SECTION 32 OF PUBLIC LAW 74 - 320, AND SECTION 709 OF THE FOOD AND
AGRICULTURAL ACT OF 1965 IF THE NUMBER OF ADULTS PARTICIPATING IN THE
ACTIVITIES OF SUCH CAMP IS IN EXCESS OF ONE FOR EACH FIVE CHILDREN UNDER
18 YEARS OF AGE PARTICIPATING IN SUCH ACTIVITIES. //79 STAT. 1212. 7
USC 1446A-1.//
(C) NO INDIVIDUAL WHO RECEIVES SUPPLEMENTAL SECURITY INCOME BENEFITS
UNDER TITLE XVI OF THE SOCIAL SECURITY ACT //86 STAT. 1465. 42 USC
1381.// SHALL BE CONSIDERED TO BE A MEMBER OF A HOUSEHOLD FOR ANY
PURPOSE OF THE FOOD DISTRIBUTION PROGRAM FOR FAMILIES UNDER SECTION 32
OF PUBLIC LAW 74 - 320, SECTION 416 OF THE AGRICULTURAL ACT OF 1949, OR
OTHER LAW FOR ANY MONTH IF SUCH PERSON RECEIVES FOR SUCH MONTH, AS PART
OF HIS SUPPLEMENTAL SECURITY INCOME BENEFITS OR PAYMENTS DESCRIBED IN
SECTION 1616(A) OF THE SOCIAL SECURITY ACT //86 STAT. 1474. 42 USC
1382E.// (IF ANY), AN AMOUNT EQUAL TO THE BONUS VALUE OF FOOD STAMPS
(ACCORDING TO THE FOOD STAMP SCHEDULE EFFECTIVE FOR JULY 1973) IN
ADDITION TO THE AMOUNT OF ASSISTANCE SUCH INDIVIDUAL WOULD BE ENTITLED
TO RECEIVE FOR SUCH MONTH UNDER THE PROVISIONS OF THE PLAN OF THE STATE
APPROVED UNDER TITLE I, X, XIV, OR XVI, //42 USC 301, 1201, 1351,
1381.// AS APPROPRIATE, IN EFFECT FOR DECEMBER 1973, ASSUMING SUCH PLAN
WERE IN EFFECT FOR SUCH MONTH AND SUCH INDIVIDUAL WERE AGED, BLIND, OR
DISABLED, AS THE CASE MAY BE, UNDER THE PROVISIONS OF SUCH STATE P LAN
OR UNDER PUBLIC LAW 92 - 603 AS AMENDED. //87 STAT. 250// THE SECRETARY
OF HEALTH, EDUCATION, AND WELFARE SHALL ISSUE REGULATIONS FOR THE
IMPLEMENTATION OF THE FOREGOING SENTENCE AFTER CONSULTATION WITH THE
SECRETARY OF AGRICULTURE. //86 STAT. 1484. 42 USC 401 NOTE.//
SEC. 5. THIS ACT MAY BE CITED AS THE "AGRICULTURE AND CONSUMER
PROTECTION ACT OF 1973".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 337 ACCOMPANYING H. R. 8860 (COMM. ON
AGRICULTURE) AND NO. 93 - 427 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 173 (COMM. ON AGRICULTURE AND
FORESTRY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 5 - 8, JULY 31, AUG. 3 CONSIDERED AND PASSED
SENATE. JULY 10 - 12, 16, 19, AUG. 3, CONSIDERED AND PASSED
HOUSE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9, NO. 32:
AUG. 10, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-85, 87 STAT. 220
TO PROVIDE FOR A TEMPORARY EXTENSION OF THE AUTHORITY OF THE
SECRETARY OF HOUSING AND URBAN DEVELOPMENT WITH RESPECT TO THE
INSURANCE OF LOANS AND MORTGAGES, AND FOR OTHER PURPOSES.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. (A) SECTION 2(A) OF THE NATIONAL HOUSING ACT IS AMENDED BY
STRIKING OUT "JUNE 30, 1973" IN THE FIRST SENTENCE AND INSERTING IN LIEU
THEREOF "OCTOBER 1, 1973". //86 STAT. 906. 12 USC 1703.//
(B) SECTION 217 OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" AND INSERTING IN LIEU THEREOF "OCTOBER 1, 1973". //12 USC
1715H.//
(C) SECTION 221(F) OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" IN THE FIFTH SENTENCE AND INSERTING IN LIEU THEREOF "OCTOBER 1,
1973". //12 USC 17151.//
(D) SECTION 235(N) OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" AND INSERTING IN LIEU THEREOF OCTOBER 1, 1973". //12 USC 1715Z.//
(E) SECTION 236(N) OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" AND INSERTING IN LIEU THEREOF "OCTOBER 1, 1973." //12 USC
1715Z-1.//
(F) SECTION 809(F) OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" IN THE SECOND SENTENCE AND INSERTING IN LIEU THEREOF "OCTOBER 1,
1973". //12 USC 1748H.//
(G) SECTION 810(K) OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" IN THE SECOND SENTENCE AND INSERTING IN LIEU THEREOF "OCTOBER 1,
1973". //12 USC 1748H-2.//
(H) SECTION 1002(A) OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" IN THE SECOND SENTENCE AND INSERTING IN LIEU THEREOF "OCTOBER 1,
1973". //12 USC 1749BB.//
(I) SECTION 1101(A) OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" IN THE SECOND SENTENCE AND INSERTING IN LIEU THEREOF "OCTOBER 1,
1973". //12 USC 1749AAA.//
SEC. 2. SECTION 3(A) OF THE ACT ENTITLED "AN ACT TO AMEND CHAPTER 37
OF TITLE 38 OF THE UNITED STATES CODE WITH RESPECT TO THE VETERANS HOME
LOAN PROGRAM, TO AMEND THE NATIONAL HOUSING ACT WITH RESPECT TO INTEREST
RATES ON INSURED MORTGAGES, AND FOR OTHER PURPOSES," IS AMENDED BY
STRIKING OUT "JUNE 30, 1973" AND INSERTING IN LIEU THEREOF "OCTOBER 1,
1973". //86 STAT. 405. 12 USC 1709-1.//
SEC. 3. //87 STAT. 221// SECTION 3 OF THE JOINT RESOLUTION ENTITLED
"JOINT RESOLUTION TO EXTEND THE AUTHORITY OF THE SECRETARY OF HOUSING
AND URBAN DEVELOPMENT WITH RESPECT TO INTEREST RATES ON INSURED
MORTGAGES, TO EXTEND AND MODIFY PROVISIONS OF THE NATIONAL FLOOD
INSURANCE ACT OF 1968, AND FOR OTHER PURPOSES," APPROVED DECEMBER 22,
1971, AS AMENDED, IS AMENDED BY STRIKING OUT "JUNE 30, 1973" AND
INSERTING IN LIEU THEREOF "OCTOBER 1, 1973." //86 STAT. 906.//
SECTION 4. SECTION 312(H) OF HOUSING ACT OF 1964 IS AMENDED BY
STRIKING OUT "JUNE 30, 1973" AND INSERTING IN LIEU THEREOF "OCTOBER 1,
1973". //82 STAT. 523. 42 USC 1452B.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 267 ACCOMPANYING S. J. RES. 129 (COMM ON
BANKING, HOUSING AND URBAN AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
AUG. 1, CONSIDERED AND PASSED SENATE. AUG. 2, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-84, 87 STAT. 219
TO AMEND THE COMMUNICATIONS ACT OF 1934, TO EXTEND CERTAIN
AUTHORIZATIONS FOR THE CORPORATION FOR PUBLIC BROADCASTING AND FOR
CERTAIN CONSTRUCTION GRANTS FOR NONCOMMERCIAL EDUCATIONAL
TELEVISION AND RADIO FACILITIES, 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 396 (K)
(1) OF THE COMMUNICATIONS ACT OF 1934 IS AMENDED TO READ AS FOLLOWS:
//84 STAT. 888; 86 STAT. 643. 47 USC 396.//
"(K) (1) THERE IS AUTHORIZED TO BE APPROPRIATED FOR EXPENSES OF THE
CORPORATION $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND
$60,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975."
(B) SECTION 396 (K) (2) OF SUCH ACT IS AMENDED BY STRIKING OUT "1973"
AND INSERTING IN LIEU THEREOF "1975".
(C) SECTION 391 OF SUCH ACT IS AMENDED TO READ AS FOLLOWS: //47 USC
391.//
"SEC. 391. THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, AND FOR THE SUCCEEDING FISCAL YEAR SUCH SUMS
NOT TO EXCEED $25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND
$30,000,000 FOR THE SUCCEEDING FISCAL YEAR, AS MAY BE NECESSARY TO CARRY
OUT THE PURPOSES OF SECTION 390. SUMS APPROPRIATED UNDER THIS SECTION
FOR ANY FISCAL YEAR SHALL REMAIN AVAILABLE FOR PAYMENT OF GRANTS FOR
PROJECTS FOR WHICH APPLICATIONS APPROVED UNDER SECTION 392, HAVE BEEN
SUBMITTED UNDER SUCH SECTION PRIOR TO THE END OF THE SUCCEEDING FISCAL
YEAR."
SEC. 2. (A) SECTION 399 OF THE COMMUNICATIONS ACT OF 1934 IS AMENDED
BY INSERTING "(A)" AFTER "SEC. 399." AND BY INSERTING AT THE END THEREOF
THE FOLLOWING NEW SUBSECTION: //81 STAT. 368. 47 USC 399.//
"(B)(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), EACH LICENSEE WHICH
RECEIVES ASSISTANCE UNDER THIS PART AFTER THE DATE OF THE ENACTMENT OF
THIS SUBSECTION SHALL RETAIN AN AUDIO RECORDING OF PUBLIC IMPORTANCE IS
DISCUSSED. EACH SUCH RECORDING SHALL BE RETAINED FOR THE SIXTY-DAY
PERIOD BEGINNING ON THE DATE ON WHICH THE LICENSEE BROADCASTS SUCH
PROGRAM.
"(2) THE REQUIREMENTS OF PARAGRAPH (1) SHALL NOT APPLY WITH RESPECT
TO A LICENSEE'S BROADCAST OF A PROGRAM IF AN ENTITY DESIGNATED BY THE
LICENSEE RETAINS AN AUDIO RECORDING OF EACH OF THE LICENSEE'S BROADCASTS
OF SUCH A PROGRAM FOR THE PERIOD PRESCRIBED BY PARAGRAPH (1).
"(3) EACH LICENSEE AND ENTITY DESIGNATED BY A LICENSEE UNDER
PARAGRAPH (2) WHICH RETAINS A RECORDING UNDER PARAGRAPH (1) OR (2)
SHALL, IN THE PERIOD DURING WHICH SUCH RECORDING IS REQUIRED UNDER SUCH
PARAGRAPH TO BE RETAINED, MAKE A COPY OF SUCH RECORDING AVAILABLE--
"(A) TO THE COMMISSION UPON ITS REQUEST, AND
"(B) TO ANY OTHER PERSON UPON PAYMENT TO THE LICENSEE OR
DESIGNATED ENTITY (AS THE CASE MAY BE) OF ITS REASONABLE COST OF
MAKING SUCH COPY.
"(4) THE COMMISSION SHALL BY RULE PRESCRIBE-- //87 STAT. 220//
"(A) THE MANNER IN WHICH RECORDINGS REQUIRED BY THIS SUBSECTION
SHALL BE KEPT, AND
"(B) THE CONDITIONS UNDER WHICH THEY SHALL BE AVAILABLE TO
PERSONS OTHER THAN THE COMMISSION,
GIVING DUE REGARD TO THE GOALS OF ELIMINATING UNNECESSARY EXPENSE AND
EFFORT AND MINIMIZING ADMINISTRATIVE BURDENS."
(B) THE SECTION HEADING FOR SUCH SECTION 399 IS AMENDED BY INSERTING
AT THE END ";RECORDINGS OF CERTAIN PROGRAMS".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 324 ACCOMPANYING H. R. 8538 (COMM. ON
INSERSTATE AND FOREIGN COMMERCE).
SENATE REPORT NO. 93 - 213 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 7, CONSIDERED AND PASSED SENATE. JULY 20, CONSIDERED AND
PASSED HOUSE, AMENDED, IN
LIEU OF H. R. 8538. JULY 24, SENATE CONCURRED IN HOUSE
AMENDMENT.
PUBLIC LAW 93-83, 87 STAT. 297, CRIME CONTROL ACT OF 1973.
TO AMEND TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS
ACT OF 1968 TO IMPROVE LAW ENFORCEMENT AND CRIMINAL JUSTICE, 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 "CRIME CONTROL ACT OF 1973".
SEC. 2. TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF
1968 IS AMENDED TO READ AS FOLLOWS: //82 STAT. 197; 84 STAT. 1881. 42
USC 3701.//
"CONGRESS FINDS THAT THE HIGH INCIDENCE OF CRIME IN THE UNITED STATES
THREATENS THE PEACE, SECURITY, AND GENERAL WELFARE OF THE NATION AND ITS
CITIZENS. TO REDUCE ND PREVENT CRIME AND JUVENILE DELINQUENCY, AND TO
INSURE THE GREATER SAFETY OF THE PEOPLE, LAW ENFORCEMENT AND CRIMINAL
JUSTICE EFFORTS MUST BE BETTER COORDINATED, INTENSIFIED, AND MADE MORE
EFFECTIVE AT ALL LEVELS OF GOVERNMENT.
"CONGRESS FINDS FURTHER THAT CRIME IS ESSENTIALLY A LOCAL PROBLEM
THAT MUST BE DEALT WITH BY STATE AND LOCAL GOVERNMENTS IF IT IS TO BE
CONTROLLED EFFECTIVELY.
"IT IS THEREFORE THE DECLARED POLICY OF THE CONGRESS TO ASSIST STATE
AND LOCAL GOVERNMENTS IN STRENGTHENING AND IMPROVING LAW ENFORCEMENT AND
CRIMINAL JUSTICE AT EVERY LEVEL BY NATIONAL ASSISTANCE. IT IS THE
PURPOSE OF THIS TITLE TO (1) ENCOURAGE STATES AND UNITS OF GENERAL LOCAL
GOVERNMENT TO DEVELOP AND ADOPT COMPREHENSIVE PLANS BASED UPON THEIR
EVALUATION OF STATE AND LOCAL PROBLEMS OF LAW ENFORCEMENT AND CRIMINAL
JUSTICE; (2) AUTHORIZE GRANTS TO STATES AND UNITS OF LOCAL GOVERNMENT
IN ORDER TO IMPROVE AND STREGTHEN LAW ENFORCEMENT AND CRIMINAL JUSTICE;
AND (3) ENCOURAGE RESEARCH AND DEVELOPMENT DIRECTED TOWARD THE
IMPROVEMENT OF LAW ENFORCEMENT AND CRIMINAL JUSTICE AND THE DEVELOPMENT
OF NEW METHODS FOR THE PREVENTION AND REDUCTION OF CRIME AND THE DETE
CTION, APPREHENSION, AND REHABILITATION OF CRIMINALS.
"SEC. 101.(A) THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT OF
JUSTICE, UNDER THE GENERAL AUTHORITY OF THE ATTORNEY GENERAL, A LAW
ENFORCEMENT ASSISTANCE ADMINISTRATION (HEREINAFTER REFERRED TO IN THIS
TITLE AS 'ADMINISTRATION') COMPOSED OF AN ADMINISTRATOR OF LAW
ENFORCEMENT ASSISTANCE AND TWO DEPUTYADMINISTRATORS OF LAW ENFORCEMENT
ASSISTANCE, WHO SHALL BE APPOINTED BY THE PRESIDENT, BY AND WITH THE
ADVICE AND CONSENT OF THE SENATE.
"(B) THE ADMINISTRATOR SHALL BE THE HEAD OF THE AGENCY. ONE DEPUTY
ADMINISTRATOR SHALL BE DESIGNATED THE DEPUTY ADMINISTRATOR FOR POLICY
DEVELOPMENT. THE SECOND DEPUTY ADMINISTRATOR SHALL BE DESIGNATED THE
DEPUTY ADMINISTRATOR FOR ADMINISTRATION.
"SEC. 201. IT IS THE PURPOSE OF THIS PART TO ENCOURAGE STATES AND
UNITS OF GENERAL LOCAL GOVERNMENT TO DEVELOP AND ADOPT COMPREHENSIVE LAW
ENFORCEMENT AND CRIMINAL JUSTICE PLANS BASED ON THEIR EVALUATION OF
STATE AND LOCAL PROBLEMS OF LAW ENFORCEMENT AND CRIMINAL JUSTICE.
"SEC. 202. //87 STAT. 198// THE ADMINISTRATION SHALL MAKE GRANTS TO
THE STATES FOR THE ESTABLISHMENT AND OPERATION OF STATE LAW ENFORCEMENT
AND CRIMINAL JUSTICE PLANNING AGENCIES (HEREINAFTER REFERRED TO IN THIS
TITLE AS "STATE PLANNING AGENCIES') FOR THE PREPARATION, DEVELOPMENT,
AND REVISION OF THE STATE PLAN REQUIRED UNDER SECTION 303 OF THIS TITLE.
ANY STATE MAY MAKE APPLICATION TO THE ADMINISTRATION FOR SUCH GRANTS
WITHIN SIX MONTHS OF THE DATE OF ENACTMENT OF THIS ACT.
"SEC. 203. (A) A GRANT MADE UNDER THIS PART TO A STATE SHALL BE
UTILIZED BY THE STATE TO ESTABLISH AND MAINTAIN A STATE PLANNING AGENCY.
SUCH AGENCY SHALL BE CREATED OR DESIGNATED BY THE CHIEF EXECUTIVE OF
THE STATE AND SHALL BE SUBJECT TO HIS JURISDICTION. THE STATE PLANNING
AGENCY AND ANY REGIONAL PLANNING UNITS WITHIN THE STATE SHALL, WITHIN
THEIR RESPECTIVE JURISDICTIONS, BE REPRESENTATIVE OF THE LAW ENFORCEMENT
AND CRIMINAL JUSTICE AGENCIES, UNITS OF GENERAL LOCAL GOVERNMENT, AND
PUBLIC AGENCIES MAINTAINING PROGRAMS TO REDUCE AND CONTROL CRIME AND MAY
INCLUDE REPRESENTATIVES OF CITIZEN, PROFESSIONAL, AND COMMUNITY
ORGANIZATIONS. THE REGIONAL PLANNING UNITS WITHIN THE STATE SHALL BE
COMPRISED OF A MAJORITY OF LOCAL ELECTED OFFICIALS.
"(B) THE STATE PLANNING AGENCY SHALL--
"(1) DEVELOP, IN ACCORDANCE WITH PART C, A COMPREHENSIVE
STATEWIDE PLAN FOR THE IMPROVEMENT OF LAW ENFORCEMENT AND CRIMINAL
JUSTICE THROUGHOUT THE STATE;
"(2) DEFINE, DEVELOP, AND CORRELATE PROGRAMS AND PROJECTS FOR
THE STATE AND THE UNITS OF GENERAL LOCAL GOVERNMENT IN THE STATE
OR COMBINATIONS OF STATES OR UNITS FOR IMPROVEMENT IN LAW
ENFORCEMENT AND CRIMINAL JUSTICE; AND
"(3) ESTABLISH PRIORITIES FOR THE IMPROVEMENT IN LAW
ENFORCEMENT AND CRIMINAL JUSTICE THROUGHOUT THE STATE.
"(C) THE STATE PLANNING AGENCY SHALL MAKE SUCH ARRANGEMENTS AS SUCH
AGENCY DEEMS NECESSARY TO PROVIDE THAT AT LEAST 40 PER CENTU OF ALL
FEDERAL FUNDS GRANTED TO SUCH AGENCY UNDER THIS PART FOR ANY FISCAL YEAR
WILL BE AVAILABLE TO UNITS OF GENERAL LOCAL GOVERNMENT OR COMBINATIONS
OF SUCH UNITS TO ENABLE SUCH UNITS AND COMBINATIONS OF SUCH UNITS TO
PARTICIPATE IN THE FORMULATION OF THE COMPREHENSIVE STATE PLAN REQUIRED
UNDER THIS PART. THE ADMINISTRATION MAY WAIVE THIS REQUIREMENT, IN
WHOLE OR IN PART, UPON A FINDING THAT THE REQUIREMENT IS INAPPROPRIATE
IN VIEW OF THE RESPECTIVE LAW ENFORCEMENT AND CRIMINAL JUSTICE PLANNING
RESPONSIBILITIES EXERCISED BY THE STATE AND ITS UNITS OF GENERAL LOCAL
GOVERNMENT AND THAT ADHERENCE TO THE REQUIREMENT WOULD NOT CONTRIBUTE TO
THE EFFICIENT DEVELOPMENT OF THE STATE PLAN REQUIRED UNDER THIS PART.
IN ALLOCATING FUNDS UNDER THIS SUBSECTION, THE STATE PLANNING AGENCY
SHALL ASSURE THAT MAJOR CITIES AND COUNTIES WITHIN THE STATE RECEIVE
PLANNING FUNDS TO DEVELOP COMPREHENSIVE PLANS AND COORDINATE FUNCTIONS
AT THE LOCAL LEVEL. ANY PORTION OF SUCH 40 PER CENTUM IN ANY STATE FOR
ANY FISCAL YEAR NOT REQUIRED FOR THE PURPOSE SET FORTH IN THIS
SUBSECTION SHALL BE AVAILABLE, FOR EXPENDITURE BY SUCH STATE AGENCY FROM
TIME TO TIME ON DATES DURING SUCH YEAR AS THE ADMINISTRATION MAY FIX,
FOR THE DEVELOPMENT BY IT OF THE STATE PLAN REQUIRED UNDER THIS PART.
"(D) THE STATE PLANNING AGENCY AND ANY OTHER PLANNING ORGANIZATION
FOR THE PURPOSES OF THE TITLE SHALL HOLD EACH MEETING OPEN TO THE
PUBLIC, GIVING PUBLIC NOTICE OF THE TIME AND PLACE OF SUCH MEETING, AND
THE NATURE OF THE BUSINESS TO BE TRANSACTED, IF FINAL ACTION IS TAKEN AT
THAT MEETING ON (A) THE STATE PLAN, OR (B) ANY APPLICATION FOR FUNDS
UNDER THIS TITLE, THE STATE PLANNING AGENCY AND ANY OTHER PLANNING
ORGANIZATION FOR THE PURPOSES OF THE TITLE SHALL PROVIDE FOR PUBLIC
ACCESS TO ALL RECORDS RELATING TO ITS FUNCTIONS UNDER THIS ACT, EXCEPT
SUCH RECORDS AS ARE REQUIRED TO BE KEPT CONFIDENTIAL BY ANY OTHER
PROVISIONS OF LOCAL, STATE, OR FEDERAL LAW. //87 STAT. 199//
"SEC. 204. A FEDERAL GRANT AUTHORIZED UNDER THIS PART SHALL NOT
EXCEED 90 PER CENTUM OF THE EXPENSES INCURRED BY THE STATE AND UNITS OF
GENERAL LOCAL GOVERNMENT UNDER THIS PART, AND MAY BE UP TO 100 PER
CENTUM OF THE EXPENSES INCURRED BY REGIONAL PLANNING UNITS UNDER THIS
PART. THE NON-FEDERAL FUNDING OF SUCH EXPENSES, SHALL BE OF MONEY
APPROPRIATED IN THE AGGREGATE BY THE STATE OR UNITS OF GENERAL LOCAL
GOVERNMENT, EXCEPT THAT THE STATE SHALL PROVIDE IN THE AGGREGATE NOT
LESS THAN ONE-HALF OF THE NON-FEDERAL FUNDING REQUIRED OF UNITS OF
GENERAL LOCAL GOVERNMENT UNDER THIS PART.
"SEC. 205. FUNDS APPROPRIATED TO MAKE GRANTS UNDER THIS PART FOR A
FISCAL YEAR SHALL BE ALLOCATED BY THE ADMINISTRATION AMONG THE STATES
FOR USE THEREIN BY THE STATE PLANNING AGENCY OR UNITS OF GENERAL LOCAL
GOVERNMENT, AS THE CASE MAY BE. THE ADMINISTRATION SHALL ALLOCATE
$200,000 TO EACH OF THE STATES; AND IT SHALL THEN ALLOCATE THE
REMAINDER OF SUCH FUNDS AVAILABLE AMONG THE STATES ACCORDING TO THEIR
RELATIVE POPULATIONS.
"SEC. 301.(A) IT IS THE PURPOSE OF THIS PART TO ENCOURAGE STATES AND
UNITS OF GENERAL LOCAL GOVERNMENT TO CARRY OUT PROGRAMS AND PROJECTS TO
IMPROVE AND STREGTHEN LAW ENFORCEMENT AND CRIMINAL JUSTICE.
"(B) THE ADMINISTRATION IS AUTHORIZED TO MAKE GRANTS TO STATES HAVING
COMPREHENSIVE STATE PLANS APPROVED BY IT UNDER THIS PART, FOR:
"(1) PUBLIC PROTECTION, INCLUDING THE DEVELOPMENT,
DEMONSTRATION, EVALUATION, IMPLEMENTATION, AND PURCHASE OF
METHODS, DEVICES, FACILITIES, AND EQUIPMENT DESIGNED TO IMPROVE
AND STREGTHEN LAW ENFORCEMETN AND CRIMINAL JUSTICE AND REDUCE
CRIME IN PUBLIC AND PRIVATE PLACES.
"(2) THE RECRUITING OF LAW ENFORCEMENT AND CRIMINAL JUSTICE
PERSONNEL AND THE TRAINING OF PERSONNEL IN LAW ENFORCEMENT AND
CRIMINAL JUSTICE.
"(3) PUBLIC EDUCATION RELATING TO CRIME PREVENTION AND
ENCOURAGING RESPECT FOR LAW AND ORDER, INCLUDING EDUCATION
PROGRAMS IN SCHOOLS AND PROGRAMS TO IMPROVE PUBLIC UNDERSTANDING
OF AND COOPERATION WITH LAW ENFORCEMENT AND CRIMINAL JUSTICE
AGENCIES.
"(4) CONSTRUCTING BUILDINGS OR OTHER PHYSICAL FACILITIES WHICH
WOULD FULFILL OR IMPLEMENT THE PURPOSE OF THIS SECTION, INCLUDING
LOCAL CORRECTIONAL FACILITIES, CENTERS FOR THE TREATMENT OF
NARCOTIC ADDICTS, AND TEMPORARY COURTROOM FACILITIES IN AREAS OF
HIGH CRIME INCIDENCE.
"(5) THE ORGANIZATION, EDUCATION, AND TRAINING OF SPECIAL LAW
ENFORCEMENT AND CRIMINAL JUSTICE UNITS TO COMBAT ORGANIZED CRIME,
INCLUDING THE ESTABLISHMENT AND DEVELOPMENT OF STATE ORGANIZED
CRIME PREVENTION COUNCILS, THE RECRUITING AND TRAINING OF SPECIAL
INVESTIGATIVE AND PROSECUTING PERSONNEL, AND THE DEVELOPMENT OF
SYSTEMS FOR COLLECTING, STORING, AND DISSEMINATING INFORMATION
RELATING TO THE CONTROL OF ORGANIZED CRIME.
"(6) THE ORGANIZATION, EDUCATION, AND TRAINING OF REGULAR LAW
ENFORCEMENT AND CRIMINAL JUSTICE OFFICERS, SPECIAL LAW ENFORCEMENT
AND CRIMINAL JUSTICE UNITS, AND LAW ENFORCEMENT RESERVE UNITS FOR
THE PREVENTION, DETECTION, AND CONTROL OF RIOTS AND OTHER VIOLENT
CIVIL DISORDERS, INCLUDING THE ACQUISITION OF RIOT CONTROL
EQUIPMENT.
"(7) THE RECRUITING, ORGANIZATION, TRAINING, AND EDUCATION OF
COMMUNITY SERVICE OFFICERS TO SERVE WITH AND ASSIST LOCAL AND
STATE LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES IN THE
DISCHARGE OF THEIR DUTIES THROUGH SUCH ACTIVITIES AS RECRUITING;
//87 STAT. 200// IMPROVEMENT OF POLICE-COMMUNITY PATROL
ACTIVITIES; ENCOURAGEMENT OF NEIGHBORHOOD PARTICIPATION IN CRIME
PREVENTION AND PUBLIC SAFETY EFFORTS; AND OTHER ACTIVITIES
DESIGNED TO IMPROVE POLICE CAPABILITIES, PUBLIC SAFETY AND THE
OBJECTIVES OF THIS SECTION: PROVIDED, THAT IN NO CASE SHALL A
GRANT BE MADE UNDER THIS SUBCATEGORY WITHOUT THE APPROVAL OF THE
LOCAL GOVERNMENT OR LOCAL LAW ENFORCEMENT AND CRIMINAL JUSTICE
AGENCY.
"(8) THE ESTABLISHMENT OF A CRIMINAL JUSTICE COORDINATING
COUNCIL FOR ANY UNIT OF GENERAL LOCAL GOVERNMENT OR ANY
COMBINATION OF SUCH UNITS WITHIN THE STATE, HAVING A POPULATION OF
TWO HUNDRED AND FIFTY THOUSAND OR MORE, TO ASSURE IMPROVED
PLANNING AND COORDINATION OF ALL LAW ENFORCEMENT AND CRIMINAL
JUSTICE ACTIVITIES.
"(9) THE DEVELOPMENT AND OPERATION OF COMMUNITY-BASED
DELINQUENT PREVENTION AND CORRECTIONAL PROGRAMS, EMPHASIZING
HALFWAY HOUSES AND OTHER COMMUNITY-BASED REHABILITATION CENTERS
FOR INITIAL PRECONVICTION OR POST-CONVICTION REFERRAL OF
OFFENDERS; EXPANDED PROBATIONARY PROGRAMS, INCLUDING
PARAPROFESSIONAL AND VOLUNTEER PARTICIPATION; AND COMMUNITY
SERVICE CENTERS FOR THE GUIDANCE AND SUPERVISION OF POTENTIAL
REPEAT YOUTHFUL OFFENDERS.
"(10) THE ESTABLISHMENT OF INTERSTATE METROPOLITAN REGIONAL
PLANNING UNITS TO PREPARE AND COORDINATE UNITS TO PREPARE AND
COORDINATE PLANS OF STATE AND LOCAL GOVERNMENTS AND AGENCIES
CONCERNED WITH THE REGIONAL PLANNING FOR METROPOLITAN AREAS.
"(C) THE PORTION OF ANY FEDERAL GRANT MADE UNDER THIS SECTION FOR THE
PURPOSES OF PARAGRAPH (4) SUBSECTION (B) OF THIS SECTION MAY BE UP TO 50
PER CENTUM OF THE COST OF THE PROGRAM OR PROJECT SPECIFIED IN THE
APPLICATION FOR SUCH GRANT. THE PORTION OF ANY FEDERAL GRANT MADE UNDER
THIS SECTION TO BE USED FOR ANY OTHER PURPOSE SET FORTH IN THIS SECTION
MAY BE UP TO 90 PER CENTUM OF THE COST OF THE PROGRAM OR PROJECT
SPECIFIED IN THE APPLICATION FOR SUCH GRANT. NO PART OF ANY GRANT MADE
UNDER THIS SECTION FOR THE PURPOSE OF RENTING, LEASING, OR CONSTRUCTING
BUILDINGS OR OTHER PHYSICAL FACILITIES SHALL BE USED FOR LAND
ACQUISITION. IN THE CASE OF A GRANT UNDER THIS SECTION TO AN INDIAN
TRIBE OR OTHER ABORIGINAL GROUP, IF THE ADMINISTRATION DETERMINES THAT
THE TRIBE OR GROUP DOES NOT HAVE SUFFICIENT FUNDS AVAILABLE TO MEET THE
LOCAL SHARE OF THE COST OF ANY PROGRAM OR PROJECT TO BE FUNDED UNDER THE
GRANT, THE ADMINISTRATION MAY INCREASE THE FEDERAL SHARE OF THE COST
THEREOF TO THE EXTENT IT DEEMS NECESSARY. THE NON-FEDERAL FUNDING OF THE
COST OF ANY PROGRAM OR PROJECT TO BE FUNDED BY A GRANT UNDER THIS
SECTION SHALL BE OF MONEY APPROPRIATED IN THE AGGREGATE, BY STATE OR
INDIVIDUAL UNITS OF GOVERNMENT, FOR THE PURPOSE OF THE SHARED FUNDING OF
SUCH PROGRAMS OR PROJECTS.
"(D) NOT MORE THAN ONE-THIRD OF ANY GRANT MADE UNDER THIS SECTION MAY
BE EXPENDED FOR THE COMPENSATION OF POLICE AND OTHER REGULAR LAW
ENFORCEMENT AND CRIMINAL JUSTICE PERSONNEL. THE AMOUNT OF ANY SUCH
GRANT EXPENDED FOR THE COMPENSATION OF SUCH PERSONNEL SHALL NOT EXCEED
THE AMOUNT OF STATE OR LOCAL FUNDS MADE AVAILABLE TO INCREASE SUCH
COMPENSATION. THE LIMITATIONS CONTAINED IN THIS SUBSECTION SHALL NOT
APPLY TO THE COMPENSATION OF PERSONNEL FOR TIME ENGAGED IN CONDUCTING OR
UNDERGOING TRAINING PROGRAMS OR TO THE COMPENSATION OF PERSONNEL ENGAGED
IN RESEARCH, DEVELOPMENT, DEMONSTRATION OR OTHER SHORT-TERM PROGRAMS.
SEC. 302. ANY STATE DESIRING TO PARTICIPATE IN THE GRANT PROGRAM
UNDER THIS PART SHALL ESTABLISH A STATE PLANNING AGENCY AS DESCRIBED IN
PART B OF THIS TITLE AND SHALL WITHIN SIX MONTHS AFTER APPROVAL OF A
PLANNING GRANT UNDER PART B SUBMIT TO THE ADMINISTRATION THROUGH SUCH
STATE PLANNING AGENCY A COMPREHENSIVE STATE PLAN DEVELOPED PURSUANT TO
PART B OF THIS TITLE. //87 STAT. 201//
"SEC. 303.(A) THE ADMINISTRATION SHALL MAKE GRANTS UNDER THIS TITLE
TO A STATE PLANNING AGENCY IF SUCH AGENCY HAS ON FILE WITH THE
ADMINISTRATION AN APPROVED COMPREHENSIVE STATE PLAN (NOT MORE THAN ONE
YEAR IN AGE) WHICH CONFORMS WITH THE PURPOSES AND REQUIREMENTS OF THIS
TITLE. NO STATE PLAN SHALL BE APPROVED AS COMPREHENSIVE UNLESS THE
ADMINISTRATION FINDS THAT THE PLAN PROVIDES FOR THE ALLOCATION OF
ADEQUATE ASSISTANCE TO DEAL WITH LAW ENFORCEMENT AND CRIMINAL JUSTICE
PROBLEMS IN AREAS CHARACTERIZED BY BOTH HIGH CRIME INCIDENCE AND HIGH
LAW ENFORCEMENT AND CRIMINAL JUSTICE ACTIVITY. NO STATE PLAN SHALL BE
APPROVED AS COMPREHENSIVE, UNLESS IT INCLUDES A COMPREHENSIVE PROGRAM,
WHETHER OR NOT FUNDED UNDER THIS TITLE, FOR THE IMPROVEMENT OF JUVENILE
JUSTICE. EACH SUCH PLAN SHALL--
"(1) PROVIDE FOR THE ADMINISTRATION OF SUCH GRANTS BY THE STATE
PLANNING AGENCY;
"(2) PROVIDE THAT AT LEAST THE PER CENTUM OF FEDERAL ASSISTANCE
GRANTED TO THE STATE PLANNING AGENCY UNDER THIS PART FOR ANY
FISCAL YEAR WHICH CORRESPONDS TO THE PER CENTUM OF THE STATE AND
LOCAL LAW ENFORCEMENT EXPENDITURES FUNDED AND EXPENDED IN THE
IMMEDIATELY PRECEDING FISCAL YEAR BY UNITS OF GENERAL LOCAL
GOVERNMENT WILL BE MADE AVAILABLE TO SUCH UNITS OR COMBINATIONS OF
SUCH UNITS IN THE IMMEDIATELY FOLLOWING FISCAL YEAR FOR THE
DEVELOPMENT AND IMPLEMENTATION OF PROGRAMS OR PROJECTS THE STATE
WILL PROVIDE IN THE AGGREGATE NOT LESS THAN ONE-HALF OF THE
NON-FEDERAL FUNDING. PER CENTUM DETERMINATIONS UNDER THIS
PARAGRAPH FOR LAW ENFORCEMENT FUNDING AND EXPENDITURES FOR SUCH
IMMEDIATELY PRECEEDING FISCAL YEAR SHALL BE BASED UPON THE MOST
ACCURATE AND COMPLETE DATA AVAILABLE FOR SUCH FISCAL YEAR OR FOR
THE LAST FSICAL YEAR FOR WHICH SUCH DATA ARE AVAILABLE. THE
ADMINISTRATION SHALL HAVE THE AUTHORITY TO APPROVE SUCH
DETERMINATIONS AND TO REVIEW THE ACCURACY AND COMPLETENESS OF SUCH
DATA;
"(3) ADEQUATELY TAKE INTO ACCOUNT THE NEEDS AND REQUESTS OF THE
UNITS OF GENERAL LOCAL GOVERNMENT IN THE STATE AND ENCOURAGE LOCAL
INITIATIVE IN THE DEVELOPMENT OF PROGRAMS AND PROJECTS FOR
IMPROVEMENTS IN LAW ENFORCEMENT AND CRIMINAL JUSTICE AND PROVIDE
FOR AN APPROPRIATELY BALANCED ALLOCATION OF FUNDS BETWEEN THE
STATE AND THE UNITS OF GENERAL LOCAL GOVERNMENT IN THE STATE AND
AMONG SUCH UNITS;
"(4) PROVIDE FOR PROCEDURES UNDER WHICH PLANS MAY BE SUBMITTED
TO THE STATE PLANNING AGENCY FOR APPROVAL OR DISAPPROVAL, IN WHOLE
OR IN PART, ANNUALLY FROM UNITS OF GENERAL LOCAL GOVERNMENT OR
COMBINATIONS THEREOF HAVING A POPULATION OF AT LEAST TWO HUNDRED
AND FIFTY THOUSAND PERSONS TO USE FUNDS RECEIVED UNDER THIS PART
TO CARRY OUT A COMPREHENSIVE PLAN CONSISTENT WITH THE STATE
COMPREHENSIVE PLAN FOR THE IMPROVEMENT OF LAW ENFORCEMENT AND
CRIMINAL JUSTICE IN THE JURISDICTION COVERED BY THE PLAN;
"(5) INCORPORATE INNOVATIONS AND ADVANCED TECHNIQUES AND
CONTAIN A COMPREHENSIVE OUTLINE OF PRIORITIES FOR THE IMPROVEMENT
AND COORDINATION OF ALL ASPECTS OF LAW ENFORCEMENT AND CRIMINAL
JUSTICE, DEALT WITH IN THE PLAN, INCLUDING DESCRIPTIONS OF; (A)
GENERAL NEEDS AND PROBLEMS; //87 STAT. 202// (B) EXISTING
SYSTEMS; (C) AVAILABLE RESOURCES; (1) ORGANIZATIONAL SYSTEMS AND
ADMINISTRATIVE MACHINERY FOR IMPLEMENTING THE PLAN; (E) THE
DIRECTION, SCOPE, AND GENERAL TYPES OF IMPROVEMENTS TO BE MADE IN
THE FUTURE; AND (F) TO THE EXTENT APPROPRIATE, THE RELATIONSHIP
OF THE PLAN TO OTHER RELEVANT STATE OR LOCAL LAW ENFORCEMENT AND
CRIMINAL JUSTICE, PLANS AND SYSTEMS;
"(6) PROVIDE FOR EFFECTIVE UTILIZATION OF EXISTING FACILITIES
AND PERMIT AND ENCOURAGE UNITS OF GENERAL LOCAL GOVERNMENT TO
COMBINE OR PROVIDE FOR COOPERATIVE ARRANGEMENTS WITH RESPECT TO
SERVICES, FACILITIES, AND EQUIPMENT;
"(7) PROVIDE FOR RESEARCH AND DEVELOPMENT;
"(8) PROVIDE FOR APPROPRIATE REVIEW OF PROCEDURES OF ACTIONS
TAKEN BY THE STATE PLANNING AGENCY DISAPPROVING AN APPLICATION FOR
WHICH FUNDS ARE AVAILABLE OR TERMINATING OR REFUSING TO CONTINUE
FINANCIAL ASSISTANCE TO UNITS OF GENERAL LOCAL GOVERNMENT OR
COMBINATIONS OF SUCH UNITS;
"(9) DEMONSTRATE THE WILLINGNESS OF THE STATE AND UNITS OF
GENERAL LOCAL GOVERNMENT TO ASSUME THE COSTS OF IMPROVEMENTS
FUNDED UNDER THIS PART AFTER A REASONABLE PERIOD OF FEDERAL
ASSISTANCE;
"(10) DEMONSTRATE THE WILLINGNESS OF THE STATE TO CONTRIBUTE
TECHNICAL ASSISTANCE OR SERVICES FOR PROGRAMS AND PROJECTS
CONTEMPLATED BY THE STATEWIDE COMPREHENSIVE PLAN AND THE PROGRAMS
AND PROJECTS COMTEMPLATED BY UNITS OF GENERAL LOCAL GOVERNMENT OR
COMBINATIONS OF SUCH UNITS;
"(11) SET FORTH POLICIES AND PROCEDURES DESIGNED TO ASSURE THAT
FEDERAL FUNDS MADE AVAILABLE UNDER THIS TITLE WILL BE SO USED AS
NOT TO SUPPLANT STATE OR LOCAL FUNDS, BUT TO INCREASE THE AMOUNTS
OF SUCH FUNDS THAT WOULD IN THE ABSENCE OF SUCH FEDERAL FUNDS BE
MADE AVAILABLE FOR LAW ENFORCEMENT AND CRIMINAL JUSTICE;
"(12) PROVIDE FOR SUCH FUND ACCOUNTING, AUDIT, MONITORING, AND
EVALUATION PROCEDURES AS MAY BE NECESSARY TO ASSURE FISCAL
CONTROL, PROPER MANAGEMENT, AND DISBURSEMENT OF FUNDS RECEIVED
UNDER THIS TITLE;
"(13) PROVIDE FOR THE MAINTENANCE OF SUCH DATA AND INFORMATION,
AND FOR THE SUBMISSION OF SUCH REPORTS IN SUCH FORM, AT SUCH
TIMES, AND CONTAINING SUCH DATA AND INFORMATION AS THE NATIONAL
INSTITUTE FOR LAW ENFORCEMENT AND CRIMINAL JUSTICE MAY REASONABLY
REQUIRE TO EVALUATE PURSUANT TO SECTION 402(C) PROGRAMS AND
PROJECTS CARRIED OUT UNDER THIS TITLE AND AS THE ADMINISTRATION
MAY REASONABLY REQUIRE TO ADMINISTER OTHER PROVISIONS OF THIS
TITLE;
"(14) PROVIDE FUNDING INCENTIVES TO THOSE UNITS OF GENERAL
LOCAL GOVERNMENT THAT COORDINATE OR COMBINE LAW ENFORCEMENT AND
CRIMINAL JUSTICE FUNCTIONS OR ACTIVITIES WITH OTHER SUCH UNITS
WITHIN THE STATE FOR THE PURPOSE OF IMPROVING LAW ENFORCEMENT AND
CRIMINAL JUSTICE; AND
"(15) PROVIDE FOR PROCEDURES THAT WILL INSURE THAT (A) ALL
APPLICATIONS BY UNITS OF GENERAL LOCAL GOVERNMENT OR COMBINATIONS
THEREOF TO THE STATE PLANNING AGENCY FOR ASSISTANCE SHALL BE
APPROVED OR DISAPPROVED, IN WHOLE OR IN PART, NO LATER THAN NINETY
DAYS AFTER RECEIPT BY THE STATE PLANNING AGENCY, (B) IF NOT
DISAPPROVED (AND RETURNED WITH THE REASONS FOR SUCH DISAPPROVAL,
INCLUDING THE REASONS FOR THE DISAPPROVAL OF EACH FAIRLY SEVERABLE
PART OF SUCH APPLICATION WHICH IS DISAPPROVED) WITHIN NINETY DAYS
OF SUCH APPLICATION, ANY PART OF SUCH APPLICATION WHICH IS NOT SO
DISAPPROVED SHALL BE DEEMED APPROVED FOR THE PURPOSES OF THIS
TITLE, //87 STAT. 203// AND THE STATE PLANNING AGENCY SHALL
DISBURSE THE APPROVED FUNDS TO THE APPLICANT IN ACCORDANCE WITH
PROCEDURES ESTABLISHED BY THE ADMINISTRATION, (C) THE REASONS FOR
DISAPPROVAL OF SUCH APPLICATION OR ANY PART THEREOF, IN ORDER TO
BE EFFECTIVE FOR THE PURPOSES OF THIS SECTION, SHALL CONTAIN A
DETAILED EXPLANATION OF THE REASONS FOR WHICH SUCH APPLICATION OR
ANY PART THEREOF WAS DISAPPROVED, OR AN EXPLANATION OF WHAT
SUPPORTING MATERIAL IS NECESSARY FOR THE STATE PLANNING AGENCY TO
EVALUATE SUCH APPLICATION, AND (D) DISAPPROVAL OF ANY APPLICATION
OR PART THEREOF SHALL NOT PRECLUDE THE RESUBMISSION OF SUCH
APPLICATION OR PART THEREOF TO THE STATE PLANNING AGENCY AT A
LATER DATE.
ANY PORTION OF THE PER CENTUM TO BE MADE AVAILABLE PURSUANT TO PARAGRAPH
(2) OF THIS SECTION IN ANY STATE IN ANY FISCAL YEAR NOT REQUIRED FOR THE
PURPOSES SET FORTH IN SUCH PARAGRAPH (2) SHALL BE AVAILABLE FOR
EXPENDITURE BY SUCH STATE AGENCY FROM TIME TO TIME ON DATES DURING SUCH
YEAR AS THE ADMINISTRATION MAY FIX, FOR THE DEVELOPMENT AND
IMPLEMENTATION OF PROGRAMS AND PROJECTS FOR THE IMPROVEMENT OF LAW
ENFORCEMENT AND CRIMINAL JUSTICE AND IN CONFORMITY WITH THE STATE PLAN.
"(B) NO APPROVAL SHALL BE GIVEN TO ANY STATE PLAN UNLESS AND UNTIL
THE ADMINISTRATION FINDS THAT SUCH PLAN REFLECTS A DETERMINED EFFORT TO
IMPROVE THE QUALITY OF LAW ENFORCEMENT AND CRIMINAL JUSTICE THROUGHOUT
THE STATE. NO AWARD OF FUNDS WHICH ARE ALLOCATED TO THE STATES UNDER
THIS TITLE ON THE BASIS OF POPULATION SHALL BE MADE WITH RESPECT TO A
PROGRAM OR PROJECT OTHER THAN A PROGRAM OR PROJECT CONTAINED IN AN
APPROVED PLAN.
"(C) NO PLAN SHALL BE APPROVED AS COMPREHENSIVE UNLESS IT ESTABLISHES
STATEWIDE PRIORITIES FOR THE IMPROVEMENT AND COORDINATION OF ALL ASPECTS
OF LAW ENFORCEMENT AND CRIMINAL JUSTICE, AND CONSIDERS THE RELATIONSHIPS
OF ACTIVITIES CARRIED OUT UNDER THIS TITLE TO RELATED ACTIVITIES BEING
CARRIED OUT UNDER OTHER FEDERAL PROGRAMS, THE GENERAL TYPES OF
IMPROVEMENTS TO BE MADE IN THE FUTURE, THE EFFECTIVE UTILIZATION OF
EXISTING FACILITIES, THE ENCOURAGEMENT OF COOPERATIVE ARRANGEMENTS
BETWEEN UNITS OF GENERAL LOCAL GOVERNMENT, INNOVATIONS AND ADVANCED
TECHNIQUES IN THE DESIGN OF INSTITUTIONS AND FACILITIES, AND ADVANCED
PRACTICES IN THE RECRUITMENT, ORGANIZATION, TRAINING, AND EDUCATION OF
LAW ENFORCEMENT AND CRIMINAL JUSTICE PERSONNEL. IT SHALL THOROUGHLY
ADDRESS IMPROVED COURT AND CORRECTIONAL PROGRAMS AND PRACTICES
THROUGHOUT THE STATE.
"SEC. 304. STATE PLANNING AGENCIES SHALL RECEIVE APPLICATIONS FOR
FINANCIAL ASSISTANCE FROM UNITS OF GENERAL LOCAL GOVERNMENT AND
COMBINATIONS OF SUCH UNITS. WHEN A STATE PLANNING AGENCY DETERMINES
THAT SUCH AN APPLICATION IS IN ACCORDANCE WITH THE PURPOSES STATED IN
SECTION 301 AND IS IN CONFORMANCE WITH ANY EXISTING STATEWIDE
COMPREHENSIVE LAW ENFORCEMENT PLAN, THE STATE PLANNING AGENCY IS
AUTHORIZED TO DISBURSE FUNDS TO THE APPLICANT.
"SEC. 305. WHERE A STATE HAS FAILED TO HAVE A COMPREHENSIVE STATE
PLAN APPROVED UNDER THIS TITLE WITHIN THE PERIOD SPECIFIED BY THE
ADMINISTRATION FOR SUCH PURPOSE, THE FUNDS ALLOCATED FOR SUCH STATE
UNDER PARAGRAPH (1) OF SECTION 306(A) OF THIS TITLE SHALL BE AVAILABLE
FOR REALLOCATION BY THE ADMINISTRATION UNDER PARAGRAPH (2) OF SECTION
306(A).
"SEC. 306.(A) THE FUNDS APPROPRIATED EACH FISCAL YEAR TO MAKE GRANTS
UNDER THIS PART SHALL BE ALLOCATED BY THE ADMINISTRATION AS FOLLOWS:
"(1) EIGHTY-FIVE PER CENTUM OF SUCH FUNDS SHALL BE ALLOCATED
AMONG THE STATES ACCORDING TO THEIR RESPECTIVE POPULATIONS FOR
GRANTS TO STATE PLANNING AGENCIES.
"(2) FIFTEEN PER CENTUM OF SUCH FUNDS, //87 STAT. 204// PLUS
ANY ADDITIONAL AMOUNTS MADE AVAILABLE BY VIRTUE OF THE APPLICATION
OF THE PROVISIONS OF SECTIONS 305 AND 509 OF THIS TITLE TO THE
GRANT OF ANY STATE, MAY, IN THE DISCRETION OF THE ADMINISTRATION,
BE ALLOCATED AMONG THE STATES FOR GRANTS TO STATE PLANNING
AGENCIES, UNITS OF GENERAL LOCAL GOVERNMENT, COMBINATIONS OF SUCH
UNITS OR PRIVATE NONPROFIT ORGANIZATIONS, ACCORDING TO THE
CRITERIA AND ON THE TERMS AND CONDITIONS THE ADMINISTRATION
DETERMINES CONSISTENT WITH THIS TITLE.
ANY GRANT MADE FROM FUNDS AVAILABLE UNDER PARAGRAPH (2) OF THIS
SUBSECTION MAY BE UP TO 90 PER CENTUM OF THE COST OF THE PROGRAM OR
PROJECT FOR WHICH SUCH GRANT IS MADE. NO PART OF ANY GRANT UNDER SUCH
PARAGRAPH FOR THE PURPOSE OF RENTING, LEASING, OR CONSTRUCTING BUILDINGS
OR OTHER PHYSICAL FACILITIES SHALL BE USED FOR LAND ACQUISITION. IN THE
CASE OF A GRANT UNDER SUCH PARAGRAPH TO AN INDIAN TRIBE OR OTHER
ABORIGINAL GROUP, IF THE ADMINISTRATION DETERMINES THAT THE TRIBE OR
GROUP DOES NOT HAVE SUFFICIENT FUNDS AVAILABLE TO MEET THE LOCAL SHARE
OF THE COSTS OF ANY PROGRAM OR PROJECT TO BE FUNDED UNDER THE GRANT, THE
ADMINISTRATION MAY INCREASE THE FEDERAL SHARE OF THE COST THEREOF TO THE
EXTENT IT DEEMS NECESSARY. THE LIMITATIONS ON THE EXPENDITURE OF
PORTIONS OF GRANTS FOR THE COMPENSATION OF PERSONNEL IN SUBSECTION (D)
OF SECTION 301 OF THIS TITLE SHALL APPLY TO A GRANT UNDER SUCH
PARAGRAPH. THE NON-FEDERAL SHARE OF THE COST OF ANY PROGRAM OR PROJECT
TO BE FUNDED UNDER THIS SECTION SHALL BE OF MONEY APPROPRIATED IN THE
AGGREGATE BY THE STATE OR UNITS OF GENERAL LOCAL GOVERNMENT, OR PROVIDED
IN THE AGGREGATE BY A PRIVATE NONPROFIT ORGANIZATION. THE
ADMINISTRATION SHALL MAKE GRANTS IN ITS DISCRETION UNDER PARAGRAPH (2)
OF THIS SUBSECTION IN SUCH A MANNER AS TO ACCORD FUNDING INCENTIVES TO
THOSE STATES OR UNITS OF GENERAL
LOCAL GOVERNMENT THAT COORDINATE LAW ENFORCEMENT AND CRIMINAL
JUSTICE FUNCTIONS AND ACTIVITIES WITH OTHER SUCH STATES OR UNITS OF
GENERAL LOCAL GOVERNMENT THEREOF FOR THE PURPOSE OF IMPROVING LAW
ENFORCEMENT AND CRIMINAL JUSTICE.
"(B) IF THE ADMINISTRATION DETERMINES, ON THE BASIS OF INFORMATION
AVAILABLE TO IT DURING ANY FISCAL YEAR, THAT A PORTION OF THE FUNDS
ALLOCATED TO A STATE FOR THAT FISCAL YEAR FOR GRANTS TO THE STATE
PLANNING AGENCY OF THE STATE WILL NOT BE REQUIRED BY THE STATE, OR THAT
THE STATE WILL BE UNABLE TO QUALIFY TO RECEIVE ANY PORTION OF THE FUNDS
UNDER THE REQUIREMENTS OF THIS PART, THAT PORTION SHALL BE AVAILABLE FOR
REALLOCATION TO OTHER STATES UNDER PARAGRAPH (1) OF SUBSECTION (A) OF
THIS SECTION.
"SEC. 307. IN MAKING GRANTS UNDER THIS PART, THE ADMINISTRATION AND
EACH STATE PLANNING AGENCY, AS THE CASE MAY BE, SHALL GIVE SPECIAL
EMPHASIS, WHERE APPROPRIATE OR FEASIBLE, TO PROGRAMS AND PROJECTS
DEALING WITH THE PREVENTION, DETECTION, AND CONTROL OF ORGANIZED CRIME
AND OF RIOTS AND OTHER VIOLENT CIVIL DISORDERS.
"SEC. 308. EACH STATE PLAN SUBMITTED TO THE ADMINISTRATION FOR
APPROVAL UNDER SECTION 302 SHALL BE EITHER APPROVED OR DISAPPROVED, IN
WHOLE OR IN PART, BY THE ADMINISTRATION NO LATER THAN NINETY DAYS AFTER
THE DATE OF SUBMISSION. IF NOT DISAPPROVED (AND RETURNED WITH THE
REASONS FOR SUCH DISAPPROVAL) WITHIN SUCH NINETY DAYS OF SUCH
APPLICATION, SUCH PLAN SHALL BE DEEMED APPROVED FOR THE PURPOSES OF THIS
TITLE. THE REASONS FOR DISAPPROVAL OF SUCH PLAN, IN ORDER TO BE
EFFECTIVE FOR THE PURPOSES OF THIS SECTION, SHALL CONTAIN AN EXPLANATION
OF WHICH REQUIREMENTS ENUMERATED IN SECTION 302(B) SUCH PLAN FAILS TO
COMPLY WITH, OR AN EXPLANATION OF WHAT SUPPORTING MATERIAL IS NECESSARY
FOR THE ADMINISTRATION TO EVALUATE SUCH PLAN. FOR THE PURPOSES OF THIS
SECTION, THE TERM 'DATE OF SUBMISSION' MEANS THE DATE ON WHICH A STATE
PLAN WHICH THE STATE HAS DESIGNATED AS THE'FINAL STATE PLAN APPLICATION'
FOR THE APPROPRIATE FISCAL YEAR IS DELIVERED TO THE ADMINISTRATION.
"SEC. 401. //87 STAT. 205// IT IS THE PURPOSE OF THIS PART TO
PROVIDE FOR AND ENCOURAGE TRAINING, EDUCATION, RESEARCH, AND DEVELOPMENT
FOR THE PURPOSE OF IMPROVING LAW ENFORCEMENT AND CRIMINAL JUSTICE, AND
DEVELOPING NEW METHODS FOR THE PREVENTION AND REDUCTION OF CRIME, AND
THE DETECTION AND APPREHENSION OF CRIMINALS.
"SEC. 402. (A) THERE IS ESTABLISHED WITHIN THE DEPARTMENT OF JUSTICE
A NATIONAL INSTITUTE OF LAW ENFORCEMENT AND CRIMINAL JUSTICE (HEREAFTER
REFERRED TO IN THIS PART AS 'INSTITUTE'). THE INSTITUTE SHALL BE UNDER
THE GENERAL AUTHORITY OF THE ADMINISTRATION. THE CHIEF ADMINISTRATIVE
OFFICER OF THE INSTITUTE SHALL BE A DIRECTOR APPOINTED BY THE
ADMINISTRATOR. IT SHALL BE THE PURPOSE OF THE INSTITUTE TO ENCOURAGE
RESEARCH AND DEVELOPMENT TO IMPROVE AND STRENGTHEN LAW ENFORCEMENT AND
CRIMINAL JUSTICE, TO DISSEMINATE THE RESULTS OF SUCH EFFORTS TO STATE
AND LOCAL GOVERNMENTS, AND TO ASSIST IN THE DEVELOPMENT AND SUPPORT OF
PROGRAMS FOR THE TRAINING OF LAW ENFORCEMENT AND CRIMINAL JUSTICE
PERSONNEL.
"(B) THE INSTITUTE IS AUTHORIZED--
"(1) TO MAKE GRANTS TO, OR ENTER INTO CONTRACTS WITH, PUBLIC
AGENCIES, INSTITUTIONS OF HIGHER EDUCATION, OR PRIVATE
ORGANIZATIONS TO CONDUCT RESEARCH, DEMONSTRATIONS, OR SPECIAL
PROJECTS PERTAINING TO THE PURPOSES DESCRIBED IN THIS TITLE,
INCLUDING THE DEVELOPMENT OF NEW OR IMPROVED APPROACHES,
TECHNIQUES, SYSTEMS, EQUIPMENT, AND DEVICES TO IMPROVE AND
STRENGTHEN LAW ENFORCEMENT AND CRIMINAL JUSTICE;
"(2) TO MAKE CONTINUING STUDIES AND UNDERTAKE PROGRAMS OF
RESEARCH TO DEVELOP NEW OR IMPROVED APPROACHES, TECHNIQUES,
SYSTEMS, EQUIPMENT, AND DEVICES TO IMPROVE AND STRENGTHEN LAW
ENFORCEMENT AND CRIMINAL JUSTICE, INCLUDING, BUT NOT LIMITED TO,
THE EFFECTIVENESS OF PROJECTS OR PROGRAMS CARRIED OUT UNDER THIS
TITLE;
"(3) TO CARRY OUT PROGRAMS OF BEHAVIORAL RESEARCH DESIGNED TO
PROVIDE MORE ACCURATE INFORMATION ON THE CAUSES OF CRIME AND THE
EFFECTIVENESS OF VARIOUS MEANS OF PREVENTING CRIME, AND TO
EVALUATE THE SUCCESS OF CORRECTIONAL PROCEDURES;
"(4) TO MAKE RECOMMENDATIONS FOR ACTION WHICH CAN BE TAKEN BY
FEDERAL, STATE, AND LOCAL GOVERNMENTS AND BY PRIVATE PERSONS AND
ORGANIZATIONS TO IMPROVE AND STRENGTHEN LAW ENFORCEMENT CRIMINAL
JUSTICE;
"(5) TO CARRY OUT PROGRAMS OF INSTRUCTIONAL ASSISTANCE
CONSISTING OF RESEARCH FELLOWSHIPS FOR THE PROGRAMS PROVIDED UNDER
THIS SECTION, AND SPECIAL WORKSHOPS FOR THE PRESENTATION AND
DISSEMINATION OF INFORMATION RESULTING FROM RESEARCH,
DEMONSTRATION, AND SPECIAL PROJECTS AUTHORIZED BY THIS TITLE;
"(6) TO ASSIST IN CONDUCTING, AT THE REQUEST OF A STATE OR A
UNIT OF GENERAL LOCAL GOVERNMENT OR A COMBINATION THEREOF, LOCAL
OR REGIONAL TRAINING PROGRAMS FOR THE TRAINING OF STATE AND LOCAL
LAW ENFORCEMENT AND CRIMINAL JUSTICE PERSONNEL, INCLUDING BUT NOT
LIMITED TO THOSE ENGAGED IN THE INVESTIGATION OF CRIME AND
APPREHENSION OF CRIMINALS, COMMUNITY RELATIONS, THE PROSECUTION OR
DEFENSE OF THOSE CHARGED WITH CRIME, CORRECTIONS, REHABILITATION,
PROBATION AND PAROLE OF OFFENDERS. SUCH TRAINING ACTIVITIES SHALL
BE DESIGNED TO SUPPLEMENT AND IMPROVE RATHER THAN SUPPLANT THE
TRAINING ACTIVITIES OF THE STATE AND UNITS OF GENERAL LOCAL
GOVERNMENT AND SHALL NOT DUPLICATE THE TRAINING ACTIVITIES OF THE
FEDERAL BUREAU OF INVESTIGATION UNDER SECTION 404 OF THIS TITLE.
WHILE PARTICIPATING IN THE TRAINING PROGRAM OR TRAVELING IN
CONNECTION WITH PARTICIPATION IN THE TRAINING PROGRAM, //87 STAT.
206// STATE AND LOCAL PERSONNEL SHALL BE ALLOWED TRAVEL EXPENSES
AND A PER DIEM ALLOWANCE IN THE SAME MANNER AS PRESCRIBED UNDER
SECTION 5703 (B) OF TITLE 5, UNITED STATES CODE, FOR PERSONS
EMPLOYED INTERMITTENTLY IN THE GOVERNMENT SERVICE; //80 STAT.
499; 83 STAT. 190.//
"(7) TO CARRY OUT A PROGRAM OF COLLECTION AND DISSEMINATION OF
INFORMATION OBTAINED BY THE INSTITUTE OR OTHER FEDERAL AGENCIES,
PUBLIC AGENCIES INSTITUTIONS OF HIGHER EDUCATION, OR PRIVATE
ORGANIZATIONS ENGAGED IN PROJECTS UNDER THIS TITLE, INCLUDING
INFORMATION RELATING TO NEW OR IMPROVED APPROACHES, TECHNIQUES,
SYSTEMS, EQUIPMENT, AND DEVICES TO IMPROVE AND STRENGTHEN LAW
ENFORCEMENT; AND
"(8) TO ESTABLISH A RESEARCH CENTER TO CARRY OUT THE PROGRAMS
DESCRIBED IN THIS SECTION.
"(C) THE INSTITUTE SHALL SERVE AS A NATIONAL AND INTERNATIONAL
CLEARINGHOUSE FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO THE
IMPROVEMENT OF LAW ENFORCEMENT AND CRIMINAL JUSTICE, INCLUDING BUT NOT
LIMITED TO POLICE, COURTS, PROSECUTORS, PUBLIC DEFENDERS, AND
CORRECTIONS.
"THE INSTITUTE SHALL UNDERTAKE, WHERE POSSIBLE TO EVALUATE THE
VARIOUS PROGRAMS AND PROJECTS CARRIED OUT UNDER THIS TITLE TO DETERMINE
THEIR IMPACT UPON THE QUALITY OF LAW ENFORCEMENT AND CRIMINAL JUSTICE
AND THE EXTENT TO WHCIH THEY HAVE MET OR FAILED TO MEET THE PURPOSES AND
POLICIES OF THIS TITLE, AND SHALL DISSEMINATE SUCH INFORMATION TO STATE
PLANNING AGENCIES AND, UPON REQUEST, TO UNITS OF GENERAL LOCAL
GOVERNMENT.
"THE INSTITUTE SHALL, BEFORE THE END OF THE FISCAL YEAR ENDING JUNE
30, 1976, SURVEY EXISTING AND FUTURE PERSONNEL NEEDS OF THE NATION IN
THE FIELD OF LAW ENFORCEMENT AND CRIMINAL JUSTICE AND THE ADEQUACY OF
FEDERAL, STATE AND LOCAL PROGRAMS TO MEET SUCH NEEDS. SUCH SURVEY SHALL
SPECIFICALLY DETERMINE THE EFFECTIVENESS AND SUFFICIENTY OF THE TRAINING
AND ACADEMIC ASSISTANCE PROGRAMS CARRIED OUT UNDER THIS TITLE AND RELATE
SUCH PROGRAMS TO ACTUAL MANPOWER AND TRAINING REQUIREMENTS IN THE LAW
ENFORCEMENT AND CRIMINAL JUSTICE FIELD. IN CARRYING OUT THE PROVISIONS
OF THIS SECTION, THE DIRECTOR OF THE INSTITUTE SHALL CONSULT WITH AND
MAKE MAXIMUM USE OF STATISTICAL AND OTHER RELATED INFORMATION OF THE
DEPARTMENT OF LABOR, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,
FEDERAL, STATE AND LOCAL CRIMINAL JUSTICE AGENCIES AND OTHER APPROPRIATE
PUBLIC AND PRIVATE AGENCIES. THE ADMINISTRATION SHALL THEREAFTER,
WITHIN A REASONABLE TIME DEVELOP AND ISSUE GUIDELINES, BASED UPON THE
NEED PRIORITIES ESTABLISHED BY THE SURVEY, PURSUANT TO WHICH PROJECT
GRANTS FOR TRAINING AND ACADEMIC ASSISTANCE PROGRAMS SHALL BE MADE.
"THE INSTITUTE SHALL REPORT ANNUALLY TO THE PRESIDENT, THE CONGRESS,
THE STATE PLANNING AGENCIES, AND, UPON REQUEST, TO UNITS OF GENERAL
LOCAL GOVERNMENT, ON THE RESEARCH AND DEVELOPMENT ACTIVITIES UNDER TAKEN
PURSUANT TO PARAGRAPHS (1), (2), AND (3) OF SUBSECTION (B), AND SHALL
DESCRIBE IN SUCH REPORT THE POTENTIAL BENEFITS OF SUCH ACTIVITIES OF LAW
ENFORCEMENT AND CRIMINAL JUSTICE AND THE RESULTS OF THE EVALUATIONS MADE
PURSUANT TO THE SECOND PARAGRAPH OF THIS SUBSECTION. SUCH REPORT SHALL
ALSO DESCRIBE THE PROGRAMS OF INSTRUCTIONAL ASSISTANCE, THE SPECIAL
WORKSHOPS, AND THE TRAINING PROGRAMS UNDERTAKEN PURSUANT TO PARAGRAPHS
(5) AND (6) OF SUBSECTION (B).
"SEC. 403. A GRANT AUTHORIZED UNDER THIS PART MAY BE UP TO 100 PER
CENTUM OF THE TOTAL COST OF EACH PROJECT FOR WHICH GRANT IS MADE. THE
ADMINISTRATION OR THE INSTITUTE SHALL REQUIRE, WHENEVER FEASIBLE, AS A
CONDITION OF APPROVAL OF A GRANT UNDER THIS PART, THAT THE RECIPIENT
CONTRIBUTE MONEY, FACILITIES, OR SERVICES TO CARRY OUT THE PURPOSES FOR
WHCIH THE GRANT IS SOUGHT.
SEC. 404. (A) THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION IS
AUTHORIZED TO-- //87 STAT. 207//
"(1) ESTABLISH AND CONDUCT TRAINING PROGRAMS AT THE FEDERAL
BUREAU OF INVESTIGATION NATIONAL ACADEMY AT QUANTICO, VIRGINIA, TO
PROVIDE, AT THE REQUEST OF A STATE OR UNIT OF LOCAL GOVERNMENT,
TRAINING FOR STATE AND LOCAL LAW ENFORCEMENT AND CRIMINAL JUSTICE
PERSONNEL;
"(2) DEVELOP NEW OR IMPROVED APPROACHES, TECHNIQUES, SYSTEMS,
EQUIPMENT, AND DEVICES TO IMPROVE AND STRENGTHEN LAW ENFORCEMENT
AND CRIMINAL JUSTICE;
"(3) ASSIST IN CONDUCTING, AT THE REQUEST OF A STATE OR UNIT OF
LOCAL GOVERNMENT, LOCAL AND REGIONAL TRAINING PROGRAMS FOR THE
TRAINING OF STATE AND LOCAL LAW ENFORCEMENT AND CRIMINAL JUSTICE
PERSONNEL ENGAGED IN THE INVESTIGATION OF CRIME AND THE
APPREHENSION OF CRIMINALS. SUCH TRAINING WILL BE PROVIDED ONLY
FOR PERSONS ACTUALLY EMPLOYED AS STATE POLICE OR HIGHWAY PATROL,
POLICE OF A UNIT OF LOCAL GOVERNMENT, SHERIFFS AND THEIR DEPUTIES,
AND OTHER PERSONS AS THE STATE OR UNIT MAY NOMINATE FOR POLICE
TRAINING WHILE SUCH PERSONS ARE ACTUALLY EMPLOYED AS OFFICERS OF
SUCH STATE OR UNIT; AND
"(4) COOPERATE WITH THE INSTITUTE IN THE EXERCISE OF ITS
RESPONSIBILITIES UNDER SECTION 402 (B) (6) OF THIS TITLE.
"(B) IN THE EXERCISE OF THE FUNCTIONS, POWERS, AND DUTIES ESTABLISHED
UNDER THIS SECTION THE DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION
SHALL BE UNDER THE GENERAL AUTHORITY OF THE ATTORNEY GENERAL.
"SEC. 405.(A) SUBJECT TO THE PROVISIONS OF THIS SECTION, THE LAW
ENFORCEMENT ASSISTANCE ACT OF 1965 (79 STAT. 828) IS REPEALED:
PROVIDED, THAT-- //18 USC PREC. 3001 NOTE.//
"(1) THE ADMINISTRATION, OR THE ATTORNEY GENERAL UNTIL SUCH
TIME AS THE MEMBERS OF THE ADMINISTRATION ARE APPOINTED, IS
AUTHORIZED TO OBLIGATE FUNDS FOR THE CONTINUATION OF PROJECTS
APPROVED UNDER THE LAW ENFORCEMENT ASSISTANCE ACT OF 1965 PRIOR TO
THE DATE OF ENACTMENT OF THIS ACT TO THE EXTENT THAT SUCH APPROVAL
PROVIDED FOR CONTINUATION.
"(2) ANY FUNDS OBLIGATED UNDER SUBSECTION (1) OF THIS SECTION
AND ALL ACTIVITIES NECESSARY OR APPROPRIATE FOR THE REVIEW UNDER
SUBSECTION (3) OF THIS SECTION MAY BE CARRIED OUT WITH FUNDS
PREVIOUSLY APPROPRIATED AND FUNDS APPROPRIATED PRUSUANT TO THIS
TITLE.
"(3) IMMEDIATELY UPON ESTABLISHMENT OF THE ADMINISTRATION, IT
SHALL BE ITS DUTY TO STUDY, REVIEW, AND EVALUATE PROJECTS AND
PROGRAMS FUNDED UNDER THE LAW ENFORCEMENT ASSISTANCE ACT OF 1965.
CONTINUATION OF PROJECTS AND PROGRAMS UNDER SUBSECTIONS (1) AND
(2) OF THIS SECTION SHALL BE IN THE DISCRETION OF THE
ADMINISTRATION.
"SEC. 406. (A) PURSUANT TO THE PROVISIONS OF SUBSECTIONS (B) AND (C)
OF THIS SECTION, THE ADMINISTRATION IS AUTHORIZED, AFTER APPROPRIATE
CONSULTATION WITH THE COMMISSIONER OF EDUCATION, TO CARRY OUT PROGRAMS
OF ACADEMIC EDUCATIONAL ASSISTANCE TO IMPROVE AND STRENGTHEN LAW
ENFORCEMENT AND CRIMINAL JUSTICE.
"(B) THE ADMINISTRATION IS AUTHORIZED TO ENTER INTO CONTRACTS TO
MAKE, AND MAKE PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION FOR LOANS,
NOT EXCEEDING $2,200 PER ACADEMIC YEAR TO ANY PERSON, TO PERSONS
ENROLLED ON A FULL-TIME BASIS IN UNDERGRADUATE OR GRADUATE PROGRAMS
APPROVED BY THE ADMINISTRATION AND LEADING TO DEGREES OR CERTIFICATES IN
AREAS DIRECTLY RELATED TO LAW ENFORCEMENT AND CRIMINAL JUSTICE OR
SUITABLE FOR PERSONS EMPLOYED IN LAW ENFORCEMENT AND CRIMINAL JUSTICE,
WITH SPECIAL CONSIDERATION TO POLICE OR CORRECTIONAL PERSONNEL OF STATES
OR UNITS OF GENERAL LOCAL GOVERNMENT ON ACADEMIC LEAVE TO EARN SUCH
DEGRESS OR CERTIFICATES. //87 STAT. 208// LOANS TO PERSONS ASSISTED
UNDER THIS SUBSECTION SHALL BE MADE ON SUCH TERMS AND CONDITIONS AS THE
ADMINISTRATION AND THE INSTITUTION OFFERING SUCH PROGRAMS MAY DETERMINE,
EXCEPT THAT THE TOTAL AMOUNT OF ANY SUCH LOAN, PLUS INTEREST, SHALL BE
CANCELED FOR SERVICE AS A FULL-TIME OFFICER OR EMPLOYEE OF A LAW
ENFORCEMENT AND CRIMINAL JUSTICE AGENCY AT THE RATE OF 25 PER CENTUM OF
THE TOTAL AMOUNT OF SUCH LOANS PLUS INTEREST FOR EACH COMPLETE YEAR OF
SUCH SERVICE OR ITS EQUIVALENT OF SUCH SERVICE, AS DETERMINED UNDER
REGULATIONS OF THE ADMINISTRATION.
"(C) THE ADMINISTRATION IS AUTHORIZED TO ENTER INTO CONTRACTS TO
MAKE, AND MAKE, PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION FOR
TUITION, BOOKS AND FEES, NOT EXCEEDING $250 PER ACADEMIC QUARTER OR $400
PER SEMESTER FOR ANY PERSON, FOR OFFICERS OF ANY PUBLICLY FUNDED LAW
ENFORCEMENT AGENCY ENROLLED ON A FULL-TIME OR PART-TIME BASIS IN COURSES
INCLUDED IN AN UNDERGRADUATE OR GRADUATE PROGRAM WHICH IS APPROVED BY
THE ADMINISTRATION AND WHICH LEADS TO A DEGREE OR CERTIFICATE IN AN AREA
RELATED TO LAW ENFORCEMENT AND CRIMINAL JUSTICE OR AN AREA SUITABLE FOR
PERSONS EMPLOYED IN LAW ENFORCEMENT AND CRIMINAL JUSTICE. ASSISTANCE
UNDER THIS SUBSECTION MAY BE GRANTED ONLY ON BEHALF OF ANY APPLICANT WHO
ENTERS INTO AN AGREEMENT TO REMAIN IN THE SERVICE OF A LAW ENFORCEMENT
AND CRIMINAL JUSTICE AGENCY EMPLOYING SUCH APPLICANT FOR A PERIOD OF TWO
YEARS FOLLOWING COMPLETION OF ANY COURSE FOR WHICH PAYMENTS ARE PROVIDED
UNDER THIS SUBSECTION, AND IN THE EVENT SUCH SERVICE IS NOT COMPLETED,
TO REPAY THE FULL AMOUNT OF SUCH PAYMENTS ON SUCH TERMS AND IN SUCH
MANNER AS THE ADMINISTRATION MAY PRESCRIBE.
"(D) FULL-TIME TEACHERS OR PERSONS PREPARING FOR CAREERS AS FULL-TIME
TEACHERS OF COURSES RELATED TO LAW ENFORCEMENT AND CRIMINAL JUSTICE OR
SUITABLE FOR PERSONS EMPLOYED IN LAW ENFORCEMENT, IN INSTITUTIONS OF
HIGHER EDUCATION WHICH ARE ELIGIBLE TO RECEIVE FUNDS UNDER THIS SECTION,
SHALL BE ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUBSECTIONS (B) AND (C) OF
THIS SECTION AS DETERMINED UNDER REGULATIONS OF THE ADMINISTRATION.
"(E) THE ADMINISTRATION IS AUTHORIZED TO MAKE GRANTS TO OR ENTER INTO
CONTRACTS WITH INSTITUTIONS OF HIGHER EDUCATION, OR COMBINATIONS OF SUCH
INSTITUTIONS, TO ASSIST THEM IN PLANNING, DEVELOPING, STRENGTHENING,
IMPROVING, OR CARRYING OUT PROGRAMS OR PROJECTS FOR THE DEVELOPMENT OR
DEMONSTRATION OF IMPROVED METHODS OF LAW ENFORCEMENT AND CRIMINAL
JUSTICE EDUCATION, INCLUDING--
"(1) PLANNING FOR THE DEVELOPMENT OR EXPANSION OF UNDERGRADUATE
OR GRADUATE PROGRAMS IN LAW ENFORCEMENT AND CRIMINAL JUSTICE;
"(2) EDUCATION AND TRAINING OF FACULTY MEMBERS;
"(3) STRENGTHENING THE LAW ENFORCEMENT AND CRIMINAL JUSTICE
ASPECTS OF COURSES LEADING TO AN UNDERGRADUATE, GRADUATE, OR
PROFESSIONAL DEGREE; AND
"(4) RESEARCH INTO, AND DEVELOPMENT OF, METHODS OF EDUCATING
STUDENTS OR FACULTY, INCLUDING THE PREPARATION OF TEACHING
MATERIALS AND THE PLANNING OF CURRICULUMS.
THE AMOUNT OF A GRANT OR CONTRACT MAY BE UP TO 75 PER CENTUM OF THE
TOTAL COST OF PROGRAMS AND PROJECTS FOR WHICH A GRANT OR CONTRACT IS
MADE.
"(F) THE ADMINISTRATION IS AUTHORIZED TO ENTER INTO CONTRACTS TO
MAKE, AND MAKE, PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION FOR GRANTS
NOT EXCEEDING $65 PER WEEK TO PERSONS ENROLLED ON A FULL-TIME BASIS IN
UNDERGRADUATE OR GRADUATE DEGREE PROGRAMS WHO ARE ACCEPTED FOR AND SERVE
IN FULL-TIME INTERSHIPS IN LAW ENFORCEMENT AND CRIMINAL JUSTICE AGENCIES
FOR NOT LESS THAN EIGHT WEEKS DURING ANY SUMMER RECESS OR FOR ANY ENTIRE
QUARTER OR SEMESTER ON LEAVE FROM THE DEGREE PROGRAM. //87 STAT. 209//
"SEC. 407. (A) THE ADMINISTRATION IS AUTHORIZED TO ESTABLISH AND
SUPPORT A TRAINING PROGRAM FOR PROSECUTING ATTORNEYS FROM STATE AND
LOCAL OFFICERS ENGAGED IN THE PROSECUTION OF ORGANIZED CRIME. THE
PROGRAM SHALL BE DESIGNED TO DEVELOP NEW OR IMPROVED APPROACHES,
TECHNIQUES, SYSTEMS, MANUALS, AND DEVICES TO STRENGTHEN PROSECUTIVE
CAPABILITIES AGAINST ORGANIZED CRIME.
"(B) WHILE PARTICIPATING IN THE TRAINING PROGRAM OR TRAVELING IN
CONNECTION WITH PARTICIPATION IN THE TRAINING PROGRAM, STATE AND LOCAL
PERSONNEL SHALL BE ALLOWED TRAVEL EXPENSES AND A PER DIEM ALLOWANCE IN
THE SAME MANNER AS PRESCRIBED UNDER SECTION 5703(B) OF TITLE 5, UNITED
STATES CODE, FOR PERSONS EMPLOYED INTERMITTENTLY IN THE GOVERNMENT
SERVICE. //80 STAT. 499.//
"(C) THE COST OF TRAINING STATE AND LOCAL PERSONNEL UNDER THIS
SECTION SHALL BE PROVIDED OUT OF FUNDS APPROPRIATED TO THE
ADMINISTRATION FOR THE PURPOSE OF SUCH TRAINING.
"SEC. 451. IT IS THE PURPOSE OF THIS PART TO ENCOURAGE STATES AND
UNITS OF GENERAL LOCAL GOVERNMENT TO DEVELOP AND IMPLEMENT PROGRAMS AND
PROJECTS FOR THE CONSTRUCTION, ACQUISITION, AND RENOVATION OF
CORRECTIONAL INSTITUTIONS AND FACILITIES, AND FOR THE IMPROVEMENT OF
CORRECTIONAL PROGRAMS AND PRACTICES.
"SEC. 452. A STATE DESIRING TO RECEIVE A GRANT UNDER THIS PART FOR
ANY FISCAL YEAR SHALL, CONSISTENT WITH THE BASIS CRITERIA WHICH THE
ADMINISTRATION ESTABLISHES UNDER SECTION 454 OF THIS TITLE, INCORPORATE
ITS APPLICATION FOR SUCH GRANT IN THE COMPREHENSIVE STATE PLAN SUBMITTED
TO THE ADMINISTRATION FOR THAT FISCAL YEAR IN ACCORDANCE WITH SECTION
302 OF THIS TITLE.
"SEC. 453. THE ADMINISTRATION IS AUTHORIZED TO MAKE A GRANT UNDER
THIS PART TO A STATE PLANNING AGENCY IF THE APPLICATION INCORPORATED IN
THE COMPREHENSIVE STATE PLAN--
"(1) SETS FORTH A COMPREHENSIVE STATEWIDE PROGRAM FOR THE
CONSTRUCTION, ACQUISITION, OR RENOVATION OF CORRECTIONAL
INSTITUTIONS AND FACILITIES IN THE STATE AND THE IMPROVEMENT OF
CORRECTIONAL PROGRAMS AND PRACTICES THROUGHOUT THE STATE;
"(2) PROVIDES SATISFACTORY ASSURANCES THAT THE CONTROL OF THE
FUNDS AND TITLE TO PROPERTY DERIVED THEREFROM SHALL BE IN A PUBLIC
AGENCY FOR THE USES AND PURPOSES PROVIDED IN THIS PART AND THAT A
PUBLIC AGENCY WILL ADMINISTER THOSE FUNDS AND THAT PROPERTY;
"(3) PROVIDES SATISFACTORY ASSURANCES THAT THE
AVAILABILITY OF FUNDS UNDER THIS PART SHALL NOT
REDUCE THE AMOUNT OF FUNDS UNDER PART C OF THIS TITLE WHICH A
STATE WOULD, IN THE ABSENCE OF FUNDS UNDER THIS PART, ALLOCATE FOR
PURPOSES OF THIS PART;
"(4) PROVIDES SATISFACTORY EMPHASIS ON THE DEVELOPMENT AND
OPERATION OF COMMUNITY-BASED CORRECTIONAL FACILITIES AND PROGRAMS,
INCLUDING DIAGNOSTIC SERVICES, HALFWAY HOUSES, PROBATION, AND
OTHER SUPERVISORY RELEASE PROGRAMS FOR PREADJUDICATION AND
POSTADJUDICATION REFERRAL OF DELINQUENTS, YOUTHFUL OFFENDERS, AND
FIRST OFFENDERS AND COMMUNITY-ORIENTED PROGRAMS FOR THE
SUPERVISION OF PAROLEES;
"(5) PROVIDES FOR ADVANCED TECHNIQUES IN THE DESIGN OF
INSTITUTIONS AND FACILITIES;
"(6) PROVIDES, WHERE FEASIBLE AND DESIRABLE, FOR THE SHARING OF
CORRECTIONAL INSTITUTIONS AND FACILITIES ON A REGIONAL BASIS;
"(7) PROVIDES SATISFACTORY ASSURANCES THAT THE PERSONNEL
STANDARDS AND PROGRAMS OF THE INSTITUTIONS AND FACILITIES WILL
REFLECT ADVANCED PROGRAMS. //87 STAT. 210//
"(8) PROVIDES SATISFACTORY ASSURANCES THAT THE STATE IS
ENGAGING IN PROJECTS AND PROGRAMS TO IMPROVE THE RECRUITING,
ORGANIZATION, TRAINING, AND EDUCATION OF PERSONNEL EMPLOYED IN
CORRECTIONAL ACTIVITIES, INCLUDING THOSE OF PROBATION, PAROLE, AND
REHABILITATION;
"(9) PROVIDES NECESSARY ARRANGEMENTS FOR THE DEVELOPMENT AND
OPERATION OF NARCOTIC AND ALCOHOLISM TREATMENT PROGRAMS IN
CORRECTIONAL INSTITUTIONS AND FACILITIES AND IN CONNECTION WITH
PROBATION OR OTHER SUPERVISORY RELEASE PROGRAMS FOR ALL PERSONS,
INCARCERATED OR ON PAROLE, WHO ARE DRUG ADDICTS, DRUG ABUSERS,
ALCOHOLICS, OR ALCOHOL ABUSERS;
"(10) COMPLIES WITH THE SAME REQUIREMENTS ESTABLISHED FOR
COMPREHENSIVE STATE PLANS UNDER PARAGRAPHS (1), (3), (5), (6),
(8), (9), (10), (11), (12), (13), (14), AND (15) OF SECTION 303(
A) OF THIS TITLE;
"(11) PROVIDES FOR ACCURATE AND COMPLETE MONITORING OF THE
PROGRESS AND IMPROVEMENT OF THE CORRECTIONAL SYSTEM. SUCH
MONITORING SHALL INCLUDE RATE OF PRISONER REHABILITATION AND RATES
OF RECIDIVISM IN COMPARISON WITH PREVIOUS PERFORMANCE OF OTHER
STATE AND LOCAL PRISON SYSTEMS NOT INCLUDED IN THIS PROGRAM; AND
"(12) PROVIDES THAT STATE AND LOCAL GOVERNMENTS SHALL SUBMIT
SUCH ANNUAL REPORTS AS THE ADMINISTRATOR MAY REQUIRE.
"SEC. 454. THE ADMINISTRATION SHALL, AFTER CONSULTATION WITH THE
FEDERAL BUREAU OF PRISONS, BY REGULATION PRESCRIBE BASIC CRITERIA FOR
APPLICANTS AND GRANTEES UNDER THIS PART.
"IN ADDITION, THE ADMINISTRATION SHALL ISSUE GUIDELINES FOR DRUG
TREATMENT PROGRAMS IN STATE AND LOCAL PRISONS AND FOR THOSE TO WHICH
PERSONS ON PAROLE ARE ASSIGNED. THE ADMINISTRATOR SHALL COORDINATE OR
ASSURE COORDINATION OF THE DEVELOPMENT OF SUCH GUIDELINES WITH THE
SPECIAL ACTION OFFICE FOR DRUG ABUSE PREVENTION.
"SEC. 455. (A) THE FUNDS APPROPRIATED EACH FISCAL YEAR TO MAKE GRANTS
UNDER THIS PART SHALL BE ALLOCATED BY THE ADMINISTRATION AS FOLLOWS:
"(1) FIFTY PER CENTUM OF THE FUNDS SHALL BE AVAILABLE FOR
GRANTS TO STATE PLANNING AGENCIES.
"(2) THE REMAINING 50 PER CENTUM OF THE FUNDS MAY BE MADE
AVAILABLE, AS THE ADMINISTRATION MAY DETERMINE, TO STATE PLANNING
AGENCIES, UNITS OF GENERAL LOCAL GOVERNMENT, OR COMBINATIONS OF
SUCH UNITS, ACCORDING TO THE CRITERIA AND ON THE TERMS AND
CONDITIONS THE ADMINISTRATION DETERMINES CONSISTENT WITH THIS
PART.
ANY GRANT MADE FROM FUNDS AVAILABLE UNDER THIS PART MAY BE UP TO 90 PER
CENTUM OF THE COST OF THE PROGRAM OR PROJECT FOR WHICH SUCH GRANT IS
MADE. THE NON-FEDERAL FUNDING OF THE COST OF ANY PROGRAM OR PROJECT TO
BE FUNDED BY A GRANT UNDER THIS SECTION SHALL BE OF MONEY APPROPRIATED
IN THE AGGREGATE BY THE STATE OR UNITS OF GENERAL LOCAL GOVERNMENT. NO
FUNDS AWARDED UNDER THIS PART MAY BE USED FOR LAND ACQUISITION.
"(B) IF THE ADMINISTRATION DETERMINES, ON THE BASIS OF INFORMATION
AVAILABLE TO IT DURING ANY FISCAL YEAR, THAT A PORTION OF THE FUNDS
GRANTED TO AN APPLICANT FOR THAT FISCAL YEAR WILL NOT BE REQUIRED BY THE
APPLICANT OR WILL BECOME AVAILABLE BY VIRTUE OF THE APPLICATION OF THE
PROVISIONS OF SECTION 509 OF THIS TITLE, THAT PORTION SHALL BE AVAILABLE
FOR REALLOCATION UNDER PARAGRAPH (2) OF SUBSECTION (A) OF THIS SECTION.
"SEC. 501. //87 STAT. 211// THE ADMINISTRATION IS AUTHORIZED, AFTER
APPROPRIATE CONSULTATION WITH REPRESENTATIVES OF STATES AND UNITS OF
GENERAL LOCAL GOVERNMENT, TO ESTABLISH SUCH RULES, REGULATIONS, AND
PROCEDURES AS ARE NECESSARY TO THE EXERCISE OF ITS FUNCTIONS, AND ARE
CONSISTENT WITH THE STATED PURPOSE OF THIS TITLE.
"SEC. 502. THE ADMINISTRATION MAY DELEGATE TO ANY OFFICER OR
OFFICIAL OF THE ADMINISTRATION, OR, WITH THE APPROVAL OF THE ATTORNEY
GENERAL, TO ANY OFFICER OF THE DEPARTMENT OF JUSTICE SUCH FUNCTIONS AS
IT DEEMS APPROPRIATE.
"SEC. 503. THE FUNCTIONS, POWERS, AND DUTIES SPECIFIED IN THIS TITLE
TO BE CARRIED OUT BY THE ADMINISTRATION SHALL NOT BE TRANSFERRED
ELSEWHERE IN THE DEPARTMENT OF JUSTICE UNLESS SPECIFICALLY HEREAFTER
AUTHORIZED BY THE CONGRESSS.
"SEC. 504. IN CARRYING OUT ITS FUNCTIONS, THE ADMINISTRATION, OR
UPON AUTHORIZATION OF THE ADMINISTRATION, ANY MEMBER THEREOF OR ANY
HEARING EXAMINER ASSIGNED TO OR EMPLOYED BY THE ADMINISTRATION, SHALL
HAVE THE POWER TO HOLD HEARINGS, SIGN AND ISSUE SUBPENAS, ADMINISTER
OATHS, EXAMINE WITNESSES, AND RECEIVE EVIDENCE AT ANY PLACE IN THE
UNITED STATES IT MAY DESIGNATE.
"SEC. 505. SECTION 5314 OF TITLE 5. UNITED STATES CODE, IS AMENDED
BY ADDING AT THE END THEREOF-- //80 STAT. 460; 86 STAT. 1211.//
"'(55) ADMINISTRATOR OF LAW ENFORCEMENT ASSISTANCE.'
"SEC. 506. TITLE 5, UNITED STATES CODE, IS AMENDED AS FOLLOWS:
"(A) SECTION 5315 (90) IS AMENDED BY DELETING 'ASSOCIATE
ADMINISTRATOR OF LAW ENFORCEMENT ASSISTANCE (2)' AND INSERTING IN LIEU
THEREOF 'DEPUTY ADMINISTRATOR FOR POLICY DEVELOPMENT OF THE LAW
ENFORCEMENT ASSISTANCE ADMINISTREATION'. //82 STAT. 205, 1312; 86
STAT. 1418.//
"(B) SECTION 5316 OF TITLE 5, UNITED STATES CODE, IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING; //ANTE, P. 78.//
"'(133) DEPUTY ADMINISTRATOR FOR ADMINISTRATION OF THE LAW
ENFORCEMENT ASSISTANCE ADMINISTRATION.'.
"(C) SECTION 5108(C) (10) IS AMENDED BY DELETING THE WORD 'TWENTY'
AND INSERTING IN LIEU THEREOF THE WORD 'TWENTY-TWO'. //84 STAT.
1889.//
"SEC. 507. SUBJECT TO THE CIVIL SERVICE AND CLASSIFICATION LAWS, THE
ADMINISTRATION IS AUTHORIZED TO SELECT, APPOINT, EMPLOY, AND FIX
COMPENSATION OF SUCH OFFICERS AND EMPLOYEES, INCLUDING HEARING
EXAMINERS, AS SHALL BE NECESSARY TO CARRY OUT ITS POWER AND DUTIES UNDER
THIS TITLE.
"SEC. 508. ADMINISTRATION IS AUTHORIZED, ON A REIMBURSABLE BASIS
WHEN APPROPRIATE, TO USE THE AVAILABLE SERVICES, EQUIPMENT, PERSONNEL,
AND FACILITIES OF THE DEPARTMENT OF JUSTICE AND OF OTHER CIVILIAN OR
MILITARY AGENCIES AND INSTRUMENTALITIES OF THE FEDERAL GOVERNMENT (NOT
INCLUDING THE CENTRAL INTELLIGENCE AGENCY), AND TO COOPERATE WITH THE
DEPARTMENT OF JUSTICE AND SUCH OTHER AGENCIES AND INSTRUMENTALITIES IN
THE ESTABLISHMENT AND USE OF SERVICES, EQUIPMENT, PERSONNEL, AND
FACILITIES OF THE ADMINISTRATION. THE ADMINISTRATION IS FURTHER
AUTHORIZED TO CONFER WITH AND AVAIL ITSELF OF THE COOPERATION, SERVICES,
RECORDS, AND FACILITIES OF STATE, MUNICIPAL, OR OTHER LOCAL AGENCIES,
AND TO RECEIVE AND UTILIZE, FOR THE PURPOSES OF THIS TITLE, PROPERTY
DONATED OR TRANSFERRED FOR THE PURPOSES OF TESTING BY ANY OTHER FEDERAL
AGENCIES, STATES, UNITS OF GENERAL LOCAL GOVERNMENT, PUBLIC OR PRIVATE
AGENCIES OR ORGANIZATIONS, INSTITUTIONS OF HIGHER EDUCATION, OR
INDIVIDUALS.
"SEC. 509. WHENEVER THE ADMINISTRATION, AFTER REASONABLE NOTICE AND
OPPORTUNITY FOR HEARING TO AN APPLICANT OR A GRANTEE UNDER THIS TITLE,
FINDS THAT, WITH RESPECT TO ANY PAYMENTS MADE OR TO BE MADE UNDER THIS
TITLE, THERE IS A SUBSTANTIAL FAILURE TO COMPLY WITH--
"(A) THE PROVISIONS OF THIS TITLE; //87 STAT. 212//
"(B) REGULATIONS PROMULGATED BY THE ADMINISTRATION UNDER THIS
TITLE; OR
"(C) A PLAN OR APPLICATION SUBMITTED IN ACCORDANCE WITH THE
PROVISIONS OF THIS TITLE;
THE ADMINISTRATION SHALL NOTIFY SUCH APPLICANT OR GRANTEE THAT FURTHER
PAYMENTS SHALL NOT BE MADE (OR IN ITS DISCRETION THAT FURTHER PAYMENTS
SHALL NOT BE MADE FOR ACTIVITIES IN WHICH THERE IS SUCH FAILURE), UNTIL
THERE IS NO LONGER SUCH FAILURE.
"SEC. 510. (A) IN CARRYING OUT THE FUNCTIONS VESTED BY THIS TITLE IN
THE ADMINISTRATION, THE DETERMINATIONS, FINDINGS, AND CONCLUSIONS OF THE
ADMINISTRATION SHALL BE FINAL AND CONCLUSIVE UPON ALL APPLICANTS, EXCEPT
AS HEREAFTER PROVIDED.
"(B) IF THE APPLICATION HAS BEEN REJECTED OR AN APPLICANT HAS BEEN
DENIED A GRANT OR HAS HAD A GRANT, OR ANY PORTION OF A GRANT,
DISCONTINUED, OR HAS BEEN GIVEN A GRANT IN A LESSER AMOUNT THAN SUCH
APPLICANT BELIEVES APPROPRIATE UNDER THE PROVISIONS OF THIS TITLE, THE
ADMINISTRATION SHALL NOTIFY THE APPLICANT OR GRANTEE OF ITS ACTION AND
SET FORTH THE REASON FOR THE ACTION TAKEN. WHENEVER AN APPLICANT OR
GRANTEE REQUESTS A HEARING ON ACTION TAKEN BY THE ADMINISTRATION ON AN
APPLICATION OR A GRANT, THE ADMINISTRATION, OR ANY AUTHORIZED OFFICER
THEREOF, IS AUTHORIZED AND DIRECTED TO HOLD SUCH HEARINGS OR
INVESTIGATIONS AT SUCH TIMES AND PLACES AS THE ADMINISTRATION DEEMS
NECESSARY, FOLLOWING APPROPRIATE AND ADEQUATE NOTICE TO SUCH APPLICANT;
AND THE FINDINGS OF FACT AND DETERMINATIONS MADE BY THE ADMINISTRATION
WITH RESPECT THERETO SHALL BE FINAL AND CONCLUSIVE, EXCEPT AS OTHERWISE
PROVIDED HEREIN.
"(C) IF SUCH APPLICANT IS STILL DISSATISFIED WITH THE FINDINGS AND
DETERMINATIONS OF THE ADMINISTRATION, FOLLOWING THE NOTICE AND HEARING
PROVIDED FOR IN SUBSECTION (B) OF THIS SECTION, A REQUEST MAY BE MADE
FOR REHEARING, UNDER SUCH REGULATIONS AND PROCEDURES AS THE
ADMINISTRATION MAY ESTABLISH, AND SUCH APPLICANT SHALL BE AFFORDED AN
OPPORTUNITY TO PRESENT SUCH ADDITIONAL INFORMATION AS MAY BE DEEMED
APPROPRIATE AND PERTINENT TO THE MATTER INVOLVED. THE FINDINGS AND
DETERMINATIONS OF THE ADMINISTRATION, FOLLOWING SUCH REHEARING, SHALL BE
FINAL AND CONCLUSIVE UPON ALL PARTIES CONCERNED, EXCEPT AS HEREAFTER
PROVIDED.
"SEC. 511. (A) IF ANY APPLICANT OR GRANTEE IS DISSATISFIED WITH THE
ADMINISTRATION'S FINAL ACTION WITH RESPECT TO THE APPROVAL OF ITS
APPLICATION OR PLAN SUBMITTED UNDER THIS TITLE, OR ANY APPLICANT OR
GRANTEE IS DISSATISFIED WITH THE ADMINISTRATION'S FINAL ACTION UNDER
SECTION 509 OR SECTION 510, SUCH APPLICANT OR GRANTEE MAY, WITHIN SXTY
DAYS AFTER NOTICE OF SUCH ACTION, FILE WITH THE UNITED STATES COURT OF
APPEALS FOR THE CIRCUIT IN WHICH SUCH APPLICANT OR GRANTEE 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 ADMINISTRATION.
THE ADMINISTRATION SHALL THEREUPON FILE IN THE COURT THE RECORD OF THE
PROCEEDINGS ON WHICH THE ACTION OF THE ADMINISTRATION WAS BASED, AS
PROVIDED IN SECTION 2112 OF TITLE 28, UNITED STATES CODE. //72 STAT.
941; 80 STAT. 1323.//
"(B) THE DETERMINATIONS AND THE FINDINGS OF FACT BY THE
ADMINISTRATION, IF SUPPORTED BY SUBSTANTIAL EVIDENCE, SHALL BE
CONCLUSIVE; BUT THE COURT, FOR GOOD CAUSE SHOWN, AMY REMAND THE CASE TO
THE ADMINISTRATION TO TAKE FURTHER EVIDENCE. THE ADMINISTRATION MAY
THEREUPON MAKE NEW OR MODIFIED FINDINGS OF FACT AND MAY MODIFY ITS
PREVIOUS ACTION, AND SHALL FILE IN THE COURT THE RECORD OF THE FURTHER
PROVEEDINGS. SUCH NEW OR MODIFIED FINDINGS OF FACT OR DETERMINATIONS
SHALL LIKEWISE BE CONCLUSIVE IF SUPPORTED BY SUBSTANTIAL EVIDENCE.
"(C) UPON THE FILING OF SUCH PETITION, //87 STAT. 213// THE COURT
SHALL HAVE JURISDICTION TO AFFIRM THE ACTION OF THE ADMINISTRATION 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 OR CERTIFICATION AS PROVIDED IN SECTION 1254 OF TITLE 28,
UNITED STATES CODE. //62 STAT. 928.//
"SEC. 512. UNLESS OTHERWISE SPECIFIED IN THIS TITLE, THE
ADMINISTRATION SHALL CARRY OUT THE PROGRAMS PROVIDED FOR IN THIS TITLE
DURING THE FISCAL YEAR ENDING JUNE 30, 1974, AND THE TWO SUCCEEDING
FISCAL YEARS.
"SEC. 513. TO INSURE THAT ALL FEDERAL ASSISTANCE TO STATE AND LOCAL
PROGRAMS UNDER THIS TITLE IS CARRIED OUT IN A COORDINATED MANNER, THE
ADMINISTRATION IS AUTHORIZED TO REQUEST ANY FEDERAL DEPARTMENT OR AGENCY
TO SUPPLY SUCH STATISTICS, DATA, PROGRAM REPORTS, AND OTHER MATERIAL AS
THE ADMINISTRATION DEEMS NECESSARY TO CARRY OUT ITS FUNCTIONS UNDER THIS
TITLE. EACH SUCH DEPARTMENT OR AGENCY IS AUTHORIZED TO COOPERATE WITH
THE ADMINISTRATION AND, TO THE EXTENT PERMITTED BY LAW, TO FURNISH SUCH
MATERIALS TO THE ADMINISTRATION. ANY FEDERAL DEPARTMENT OR AGENCY
ENGAGED IN ADMINISTERING PROGRAMS RELATED TO THIS TITLE SHALL, TO THE
MAXIMUM EXTENT PRACTICABLE CONSULT WITH AND SEEK ADVICE FROM THE
ADMINISTRATION TO INSURE FULLY COORDINATED EFFORTS, AND THE
ADMINISTRATION SHALL UNDERTAKE TO COORDINATE SUCH EFFORTS.
"SEC. 514. THE ADMINISTRATION MAY ARRANGE WITH AND REIMBURSE THE
HEADS OF OTHER FEDERAL DEPARTMENTS AND AGENCIES FOR THE PERFORMANCE OF
ANY OF ITS FUNCTIONS UNDER THIS TITLE.
"SEC. 515. THE ADMINISTRATION IS AUTHORIZED--
"(A) TO CONDUCT EVALUATION STUDIES OF THE PROGRAMS AND
ACTIVITIES ASSISTED UNDER THIS TITLE;
"(B) TO COLLECT, EVALUATE, PUBLISH, AND DISSEMINATE STATISTICS
AND OTHER INFORMATION ON THE CONDITION AND PROGRESS OF LAW
ENFORCEMENT WITHIN AND WITHOUT THE UNITED STATES; AND
"(C) TO COOPERATE WITH AND RENDER TECHNICAL ASSISTANCE TO
STATES, UNITS OF GENERAL LOCAL GOVERNMENT, COMBINATIONS OF SUCH
STATES OR UNITS, OR OTHER PUBLIC OR PRIVATE AGENCIES,
ORGANIZATIONS, INSTITUTIONS, OR INTERNATIONAL AGENCIES IN MATTERS
RELATING TO LAW ENFORCEMENT AND CRIMINAL JUSTICE.
FUNDS APPROPRIATED FOR THE PURPOSES OF THIS SECTION MAY BE EXPANDED BY
GRANT OR CONTRACT, AS THE ADMINISTRATION MAY DETERMINE TO BE
APPROPRIATE.
"SEC. 516. (A) PAYMENTS UNDER THIS TITLE MAY BE MADE IN INSTALLMENTS,
AND IN ADVANCE OR BY WAY OF REIMBURSEMENT, AS MAY BE DETERMINED BY THE
ADMINISTRATION, AND MAY BE USED TO PAY THE TRANSPORTATION AND
SUBSISTENCE EXPENSES OF PERSONS ATTENDING CONFERENCES OR OTHER
ASSEMBLAGES NOTWITHSTANDING THE PROVISIONS OF THE JOINT RESOLUTION
ENTITLED 'JOINT RESOLUTION TO PROHIBIT EXPENDITURE OF ANY MONEYS FOR
HOUSING, FEEDING, OR TRANSPORTING CONVENTIONS OR MEETINGS', APPROVED
FEBRUARY 2, 1935 (31 U.S.C. SEC. 551). //49 STAT. 19.//
"(B) NOT MORE THAN 12 PER CENTUM OF THE SUMS APPROPRIATED FOR ANY
FISCAL YEAR TO CARRY OUT THE PROVISIONS OF THIS TITLE MAY BE USED WITHIN
ANY ONE STATE EXCEPT THAT THIS LIMITATION SHALL NOT APPLY TO GRANTS MADE
PURSUANT TO PART D. //ANTE, P. 205.//
"SEC. 517. (A) THE ADMINISTRATION MAY PROCURE THE SERVICES OF EXPERTS
AND CONSULTANTS IN ACCORDANCE WITH SECTION 3109 OF TITLE 5, //80 STAT.
416.// UNITED STATES CODE, AT RATES OF COMPENSATION FOR INDIVIDUALS NOT
TO EXCEED THE DAILY EQUIVALENT OF THE RATE AUTHORIZED FOR GS-18 BY
SECTION 5332 OF TITLE 5, UNITED STATES CODE. //5 USC 5332 NOTE.//
"(B) THE ADMINISTRATION IS AUTHORIZED TO APPOINT, WITHOUT REGARD TO
THE CIVIL SERVICE LAWS, TECHNICAL OR OTHER ADVISORY COMMITTEES TO ADVISE
THE ADMINISTRATION WITH RESPECT TO THE ADMINISTRATION OF THIS TITLE AS
IT DEEMS NECESSARY. MEMBERS OF THOSE COMMITTEES NOT OTHERWISE IN THE
EMPLOY OF THE UNITED STATES, //87 STAT. 214// WHILE ENGAGED IN ADVISING
THE ADMINISTRATION OR ATTENDING MEETINGS OF THE COMMITTEES, SHALL BE
COMPENSATED AT RATES TO BE FIXED BY THE ADMINISTRATION BUT NOT TO EXCEED
THE DAILY EQUIVALENT OF THE RATE AUTHORIZED FOR GS-18 BY SECTION 5332 OF
TITLE 5 OF THE UNITED STATES CODE AND WHILE AWAY FROM HOME OR REGULAR
PLACE OF BUSINESS THEY MAY BE ALLOWED TRAVEL EXPENSES, INCLUDING PER
DIEM IN LIEU OF SUBSISTENCE, AS AUTHORIZED BY SECTION 5703 OF SUCH TITLE
5 FOR PERSONS IN THE GOVERNMENT SERVICE EMPLOYED INTERMITTENTLY. //5
USC 5332 NOTE. 80 STAT. 499; 83 STAT. 190.//
"SEC. 518. (A) NOTHING CONTAINED IN THIS TITLE OR ANY OTHER ACT SHALL
BE CONSTRUED TO AUTHORIZE ANY DEPARTMENT, AGENCY, OFFICER, OR EMPLOYEE
OF THE UNITED STATES TO EXERCISE ANY DIRECTION, SUPERVISION, OR CONTROL
OVER ANY POLICE FORCE OR ANY OTHER LAW ENFORCEMENT AND CRIMINAL JUSTICE
AGENCY OF ANY STATE OR ANY POLITICAL SUBDIVISION THEREOF.
"(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NOTHING CONTAINED IN
THIS TITLE SHALL BE CONSTRUED TO AUTHORIZE THE ADMINISTRATION (1) TO
REQUIRE, OR CONDITION THE AVAILABILITY OR AMOUNT OF A GRANT UPON, THE
ADOPTION BY AN APPLICANT OR GRANTEE UNDER THIS TITLE OF A PERCENTAGE
RATIO, QUOTA SYSTEM, OR OTHER PROGRAM TO ACHIEVE RACIAL BALANCE OR TO
ELIMINATE RACIAL IMBALANCE IN ANY LAW ENFORCEMENT AGENCY, OR (2) TO DENY
OR DISCONTINUE A GRANT BECAUSE OF THE REFUSAL OF AN APPLICANT OR GRANTEE
UNDER THIS TITLE TO ADOPT SUCH A RATIO, SYSTEM, OR OTHER PROGRAM.
"(C)(1) NO PERSON IN ANY STATE SHALL ON THE GROUND OF RACE, COLOR,
NATIONAL ORIGIN, OR SEX BE EXCLUDED FROM PARTICIPATION IN, BE DENIED THE
BENEFITS OF, OR BE SUBJECTED TO DISCRIMINATION UNDER ANY PROGRAM OR
ACTIVITIY FUNDED IN WHOLE OR IN PART WITH FUNDS MADE AVAILABLE UNDER
THIS TITLE.
"(2) WHENEVER THE ADMINISTRATION DETERMINES THAT A STATE GOVERNMENT
OR ANY UNIT OF GENERAL LOCAL GOVERNMENT HAS FAILED TO COMPLY WITH
SUBSECTION (C)(1) OR AN APPLICABLE REGULATION, IT SHALL NOTIFY THE CHIEF
EXECUTIVE OF THE STATE OF THE NONCOMPLIANCE AND SHALL REQUEST THE CHIEF
EXECUTIVE TO SECURE COMPLIANCE. IF WITHIN A REASONABLE TIME AFTER SUCH
NOTIFICATION THE CHIEF EXECUTIVE FAILS OR REFUSES TO SECURE COMPLIANCE,
THE ADMINISTRATION SHALL EXERCISE THE POWERS AND FUNCTIONS PROVIDED IN
SECTION 509 OF THIS TITLE, AND IS AUTHORIZED CONCURRENTLY WITH SUCH
EXERCISE--
"(A) TO INSTITUTE AN APPROPRIATE CIVIL ACTION;
"(B) TO EXERCISE THE POWERS AND FUNCTIONS PURSUANT TO TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964 (42 U.S.C. 2000D); OR //78 STAT.
252.//
"(C) TO TAKE SUCH OTHER ACTION AS MAY BE PROVIDED BY LAW.
"(3) WHENEVER THE ATTORNEY GENERAL HAS REASON TO BELIEVE THAT A STATE
GOVERNMENT OR UNIT OF LOCAL GOVERNMENT IS ENGAGED IN A PATTERN OR
PRACTICE IN VIOLATION OF THE PROVISIONS OF THIS SECTION, THE ATTORNEY
GENERAL MAY BRING A CIVIL ACTION IN ANY APPROPRIATE UNITED STATES
DISTRICT COURT FOR SUCH RELIEF AS MAY BE APPROPRIATE, INCLUDING
INJUNCTIVE RELIEF.
"SEC. 519. ON OR BEFORE DECEMBER 31 OF EACH YEAR, THE ADMINISTRATION
SHALL REPORT TO THE PRESIDENT AND TO THE CONGRESS ON ACTIVITIES PURSUANT
TO THE PROVISIONS OF THIS TITLE DURING THE PRECEDING FISCAL YEAR.
"SEC. 520. THERE ARE AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS ARE
NECESSARY FOR THE PURPOSES OF EACH PART OF THIS TITLE, BUT SUCH SUMS IN
THE AGGREGATE SHALL NOT EXCEED $1,000,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1974, $1,000,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975,
AND $1,250,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976. FUNDS
APPROPRIATED FOR ANY FISCAL YEAR MAY REMAIN AVAILABLE FOR OBLIGATION
UNTIL EXPENDED. BEGINNING IN THE FISCAL YEAR ENDING JUNE 30, 1972, AND
IN EACH FISCAL YEAR THEREAFTER THERE SHALL BE ALLOCATED FOR THE PURPOSES
OF PART E AN AMOUNT EQUAL TO NOT LESS THAN 20 PER CENTUM OF THE AMOUNT
ALLOCATED FOR THE PURPOSES OF PART C. //87 STAT. 215// //ANTE. P.
209.// //ANTE, P. 199.//
"SEC. 521. (A) EACH RECIPIENT OF ASSISTANCE UNDER THIS ACT SHALL KEEP
SUCH RECORDS AS THE ADMINISTRATION SHALL PRESCRIBE, INCLUDING RECORDS
WHICH FULLY DISCLOSE THE AMOUNT AND DISPOSITION BY SUCH RECIPIENT OF THE
PROCEEDS OF SUCH ASSISTANCE, THE TOTAL COST OF THE PROJECT OR
UNDERTAKING IN CONNECTION WITH WHICH SUCH ASSISTANCE IS GIVEN OR USED,
AND THE AMOUNT OF THAT PORTION OF THE COST OF THE PROJECT OR UNDERTAKING
SUPPLIED BY OTHER SOURCES, AND SUCH OTHER RECORDS AS WILL FACILITATE AN
EFFECTIVE AUDIT.
"(B) THE ADMINISTRATION OR ANY OF ITS DULY AUTHORIZED
REPRESENTATIVES, SHALL HAVE ACCESS FOR PURPOSE OF AUDIT AND EXAMINATIONS
TO ANY BOOKS, DOCUMENTS, PAPERS, AND RECORDS OF THE RECIPIENTS THAT ARE
PERTINENT TO THE GRANTS RECEIVED UNDER THIS TITLE.
"(C) THE COMPTROLLER GENERAL OF THE UNITED STATES, OR ANY OF HIS DULY
AUTHORIZED REPRESENTATIVES, SHALL, UNTIL THE EXPIRATION OF THREE YEARS
AFTER THE COMPLETION OF THE PROGRAM OR PROJECT WITH WHICH THE ASSISTANCE
IS USED, HAVE ACCESS FOR THE PURPOSE OF AUDIT AND EXAMINATION TO ANY
BOOKS, DOCUMENTS, PAPERS AND RECORDS OF RECIPIENTS OF FEDERAL ASSISTANCE
UNDER THIS TITLE WHICH IN THE OPINION OF THE COMPTROLLER GENERAL MAY BE
RELATED OR PERTINENT TO THE GRANTS, CONTRACTS, SUBCONTRACTS, SUBGRANTS,
OR OTHER ARRANGEMENTS REFERRED TO UNDER THIS TITLE.
"(D) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL RECIPIENTS OF
ASSISTANCE UNDER THIS ACT, WHETHER BY DIRECT GRANT OR CONTRACT FROM THE
ADMINISTRATION OR BY SUBGRANT OR SUBCONTRACT FROM PRIMARY GRANTEES OR
CONTRACTORS OF THE ADMINISTRATION.
"SEC. 522. SECTION 204(A) OF THE DEMONSTRATION CITIES AND
METROPOLITAN DEVELOPMENT ACT OF 1966 IS AMENDED BY INSERTING 'LAW
ENFORCEMENT FACILITIES,' IMMEDIATELY AFTER 'TRANSPORTATION FACILITIES,'.
//80 STAT. 1262; 82 STAT. 208. 42 USC 3334.//
"SEC. 523. ANY FUNDS MADE AVAILABLE UNDER PARTS B, C, AND E PRIOR TO
JULY 1, 1973, WHICH ARE NOT OBLIGATED BY A STATE OR UNIT OF GENERAL
LOCAL GOVERNMENT MAY BE USED TO PROVIDE UP TO 90 PERCENT OF THE COST OF
ANY PROGRAM OR PROJECT. THE NON-FEDERAL SHARE OF THE COST OF ANY SUCH
PROGRAM OR PROJECT SHALL BE OF MONEY APPROPRIATED IN THE AGGREGATE BY
THE STATE OR UNITS OF GENERAL LOCAL GOVERNMENT.
"SEC. 524. (A) EXCEPT AS PROVIDED BY FEDERAL LAW OTHER THAN THIS
TITLE, NO OFFICER OR EMPLOYEE OF THE FEDERAL GOVERNMENT, NOR ANY
RECIPIENT OF ASSISTANCE UNDER THE PROVISIONS OF THIS TITLE SHALL USE OR
REVEAL ANY RESEARCH OR STATISTICAL INFORMATION FURNISHED UNDER THIS
TITLE BY ANY PERSON AND IDENTIFIABLE TO ANY SPECIFIC PRIVATE PERSON FOR
ANY PURPOSE OTHER THAN THE PURPOSE FOR WHICH IT WAS OBTAINED IN
ACCORDANCE WITH THIS TITLE. COPIES OF SUCH INFORMATION SHALL BE IMMUNE
FROM LEGAL PROCESS, AND SHALL NOT, WITHOUT THE CONSENT OF THE PERSON
FURNISHING SUCH INFORMATION, BE ADMITTED AS EVIDENCE OR USED FOR ANY
PURPOSE IN ANY ACTION, SUIT, OR OTHER JUDICIAL OR ADMINISTRATIVE
PROCEEDINGS.
"(B) ALL CRIMINAL HISTORY INFORMATION COLLECTED, STORED, OR
DISSEMINATED THROUGH SUPPORT UNDER THIS TITLE SHALL CONTAIN, TO THE
MAXIMUM EXTENT FEASIBLE, DISPOSITION AS WELL AS ARREST DATA WHERE ARREST
DATA IS INCLUDED THEREIN. THE COLLECTION, STORAGE, AND DISSEMINATION OF
SUCH INFORMATION SHALL TAKE PLACE UNDER PROCEDURES REASONABLY DESIGNED
TO INSURE THAT ALL SUCH INFORMATION IS KEPT CURRENT THEREIN; THE
ADMINISTRATION SHALL ASSURE THAT THE SECURITY AND PRIVACY OF ALL
INFORMATION IS ADEQUATELY PROVIDED FOR AND THAT INFORMATION SHALL ONLY
BE USED FOR LAW ENFORCEMENT AND CRIMINAL JUSTICE AND OTHER LAWFUL
PURPOSES. IN ADDITION, AN INDIVIDUAL WHO BELIEVES THAT CRIMINAL HISTORY
INFORMATION CONCERNING HIM CONTAINED IN AN AUTOMATED SYSTEM IS
INACCURATE, INCOMPLETE, //87 STAT. 216// OR MAINTAINED IN VIOLATION OF
THIS TITLE, SHALL, UPON SATISFACTORY VERIFICATION OF HIS IDENTITY, BE
ENTITLED TO REVIEW SUCH INFORMATION AND TO OBTAIN A COPY OF IT FOR THE
PURPOSE OF CHALLENGE OR CORRECTION.
"(C) ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION, OR OF ANY
RULE, REGULATION, OR ORDER ISSUED THEREUNDER, SHALL BE FINED NOT TO
EXCEED $10,000, IN ADDITION TO ANY OTHER PENALTY IMPOSED BY LAW.
"SEC. 525. THE LAST TWO SENTENCES OF SECTION 203(N) OF THE FEDERAL
PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 ARE AMENDED TO READ AS
FOLLOWS: //75 STAT. 213. 40 USC 484.// 'IN ADDITION, UNDER SUCH
COOPERATIVE AGREEMENTS AND SUBJECT TO SUCH OTHER CONDITIONS AS MAY BE
IMPOSED BY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, OR THE
DIRECTOR, OFFICE OF CIVIL AND DEFENSE MOBILIZATION, OR THE
ADMINISTRATOR, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, SURPLUS
PROPERTY WHICH THE ADMINISTRATOR MAY APPROVE FOR DONATION FOR USE IN ANY
STATE FOR PURPOSES OF LAW ENFORCEMENT PROGRAMS, EDUCATION, PUBLIC
HEALTH, OR CIVIL DEFENSE, OR FOR RESEARCH FOR ANY SUCH PURPOSES,
PURSUANT TO SUBSECTION (J)(3) OR (J)(4), MAY WITH THE APPROVAL OF THE
ADMINISTRATOR BE MADE AVAILABLE TO THE STATE AGENCY AFTER A
DETERMINIATION BY THE SECRETARY OR THE DIRECTOR OR THE ADMINISTRATOR,
LAW ENFORCEMENT ASSISTANCE ADMINISTRATION THAT SUCH PROPERTY IS
NECESSARY TO, OR WOULD FACILITATE, THE EFFECTIVE OPERATION OF THE STATE
AGENCY IN PERFORMING ITS FUNCTIONS IN CONNECTI N WITH SUCH PROGRAM.
UPON A DETERMINATION BY THE SECRETARY OR THE DIRECTOR OR ADMINISTRATOR,
LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, THAT SUCH ACTION IS NECESSARY
TO, OR WOULD FACILITATE, THE EFFECTIVE USE OF SUCH SURPLUS PROPERTY MADE
AVAILABLE UNDER THE TERMS OF A COOPERATIVE AGREEMENT, TITLE THERETO MAY
WITH THE APPROVAL OF THE ADMINISTRATOR BE VESTED IN THE STATE AGENCY.'
"SEC. 601. AS USED IN THIS TITLE--
"(A) 'LAW ENFORCEMENT AND CRIMINAL JUSTICE' MEANS ANY ACTIVITY
PERTAINING TO CRIME PREVENTION, CONTROL OR REDUCTION OR THE ENFORCEMENT
OF THE CRIMINAL LAW, INCLUDING, BUT NOT LIMITED TO POLICE EFFORTS TO
PREVENT, CONTROL, OR REDUCE CRIME OR TO APPREHEND CRIMINALS, ACTIVITIES
OF COURTS HAVING CRIMINAL JURISDICTION AND RELATED AGENCIES (INCLUDING
PROSECUTORIAL AND DEFENDER SERVICES), ACTIVITIES OF CORRECTIONS,
PROBATION, OR PAROLE AUTHORITIES, AND PROGRAMS RELATING TO THE
PREVENTION, CONTROL, OR REDUCTION OF JUVENILE DELINQUENCY OR NARCOTIC
ADDICTION.
"(B) 'ORGANIZED CRIME' MEANS THE UNLAWFUL ACTIVITIES OF THE MEMBERS
OF A HIGHLY ORGANIZED, DISCIPLINED ASSOCIATION ENGAGED IN SUPPLYING
ILLEGAL GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO GAMBLING,
PROSTITUTION, LOAN SHARKING, NARCOTICS, LABOR RACKETEERING, AND OTHER
UNLAWFUL ACTIVITIES OF MEMBERS OF SUCH ORGANIZATIONS.
"(C) 'STATE' MEANS ANY STATE OF THE UNITED STATES, THE DISTRICT OF
COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, AND ANY TERRITORY OR
POSSESSION OF THE UNITED STATES.
"(D) 'UNIT OF GENERAL LOCAL GOVERNMENT' MEANS ANY CITY, COUNTY,
TOWNSHIP, TOWN, BOROUGH, PARISH, VILLAGE, OR OTHER GENERAL PURPOSE
POLITICAL SUBDIVISION OF A STATE, AN INDIAN TRIBE WHICH PERFORMS LAW
ENFORCEMENT FUNCTIONS AS DETERMINED BY THE SECRETARY OF THE INTERIOR,
OR, FOR THE PURPOSE OF ASSISTANCE ELIGIBILITY, ANY AGENCY OF THE
DISTRICT OF COLUMBIA GOVERNMENT OR THE UNITED STATES GOVERNMENT
PERFORMING LAW ENFORCEMENT FUNCTIONS IN AND FOR THE DISTRICT OF COLUMBIA
AND FUNDS APPROPRIATED BY THE CONGRESS FOR THE ACTIVITIES OF SUCH
AGENCIES MAY BE USED TO PROVIDE THE NON-FEDERAL SHARE OF THE COST OF
PROGRAMS OR PROJECTS FUNDED UNDER THIS TITLE: PROVIDED, HOWEVER, THAT
SUCH ASSISTANCE ELIGIBILITY OF ANY AGENCY OF THE UNITED STATES
GOVERNMENT SHALL BE FOR THE SOLE PURPOSE OF FACILITATING THE TRANSFER OF
CRIMINAL JURISDICTION FROM THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF COLUMBIA TO THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
PURSUANT TO THE DISTRICT OF COLUMBIA COURT REFORM AND CRIMINAL PROCEDURE
ACT OF 1970. //87 STAT. 217// //D.C. CODE PREC. 11-101 NOTE.//
"(E) 'COMBINATION' AS APPLIED TO STATES OR UNITS OF GENERAL LOCAL
GOVERNMENT MEANS ANY GROUPING OR JOINING TOGETHER OF SUCH STATES OR
UNITS FOR THE PURPOSE OF PREPARING, DEVELOPING, OR IMPLEMENTING A LAW
ENFORCEMENT PLAN.
"(F) 'CONSTRUCTION' MEANS THE ERECTION, ACQUISITION, EXPANSION, OR
REPAIR (BUT NOT INCLUDING MINOR REMODELING OR MINOR REPAIRS) OF NEW OR
EXISTING BUILDINGS OR OTHER PHYSICAL FACILITIES, AND THE ACQUISITION OR
INSTALLATION OF INITIAL EQUIPMENT THEREFOR.
"(G) 'STATE ORGANIZED CRIME PREVENTION COUNCIL' MEANS A COUNCIL
COMPOSED OF NOT MORE THAN SEVEN PERSONS ESTABLISHED PURSUANT TO STATE
LAW OR ESTABLISHED BY THE CHIEF EXECUTIVE OF THE STATE FOR THE PURPOSE
OF THIS TITLE, OR AN EXISTING AGENCY SO DESIGNATED, WHICH COUNCIL SHALL
BE BROADLY REPRESENTATIVE OF LAW ENFORCEMENT OFFICIALS WITHIN SUCH STATE
AND WHOSE MEMBERS BY VIRTUE OF THEIR TRAINING OR EXPERIENCE SHALL BE
KNOWLEDGEABLE IN THE PREVENTION AND CONTROL OF ORGANIZED CRIME.
"(H) 'METROPOLITAN AREA' MEANS A STANDARD METROPOLITAN STATISTICAL
AREA AS ESTABLISHED BY THE BUREAU OF THE BUDGET, SUBJECT, HOWEVER, TO
SUCH MODIFICATIONS AND EXTENSIONS AS THE ADMINISTRATION MAY DETERMINE TO
BE APPROPRIATE.
"(I) 'PUBLIC AGENCY' MEANS ANY STATE, UNIT OF LOCAL GOVERNMENT,
COMBINATION OF SUCH STATES OR UNITS, OR ANY DEPARTMENT, AGENCY, OR
INSTRUMENTALITY OF ANY OF THE FOREGOING.
"(J) 'INSTITUTION OF HIGHER EDUCATION' MEANS ANY SUCH INSTITUTION AS
DEFINED BY SECTION 1201(A) OF THE HIGHER EDUCATION ACT OF 1965 (20 U.S.
C. 1141(A)), SUBJECT, HOWEVER, TO SUCH MODIFICATIONS AND EXTENSIONS AS
THE ADMINISTRATION MAY DETERMINE TO BE APPROPRIATE. //79 STAT. 1270;
82 STAT. 1042.//
"(K) 'COMMUNITY SERVICE OFFICER' MEANS ANY CITIZEN WITH THE CAPACITY,
MOTIVATION, INTEGRITY, AND STABILITY TO ASSIST IN OR PERFORM POLICE WORK
BUT WHO MAY NOT MEET ORDINARY STANDARDS FOR EMPLOYMENT AS A REGULAR
POLICE OFFICER SELECTED FROM THE IMMEDIATE LOCALITY OF THE POLICE
DEPARTMENT OF WHICH HE IS TO BE A PART AND MEETING SUCH OTHER
QUALIFICATIONS PROMULGATED IN REGULATIONS PURSUANT TO SECTION 01 AS THE
ADMINISTRATION MAY DETERMINE TO BE APPROPRIATE TO FURTHER THE PURPOSES
OF SECTION 301(B) (7) AND THIS ACT.
"(L) THE TERM 'CORRECTIONAL INSTITUTION OR FACILITY' MEANS ANY PLACE
FOR THE CONFINEMENT OR REHABILITATION OF JUVENILE OFFENDERS OR
INDIVIDUALS CHARGED WITH OR CONVICTED OF CRIMINAL OFFENSES.
"(M) THE TERM 'COMPREHENSIVE' MEANS THAT THE PLAN MUST BE A TOTAL AND
INTEGRATED ANALYSIS OF THE PROBLEMS REGARDING THE LAW ENFORCEMENT AND
CRIMINAL JUSTICE SYSTEM WITHIN THE STATE; GOALS, PRIORITIES, AND
STANDARDS MUST BE ESTABLISHED IN THE PLAN AND THE PLAN MUST ADDRESS
METHODS, ORGANIZATION, AND OPERATION PERFORMANCE, PHYSICAL AND HUMAN
RESOURCES NECESSARY TO ACCOMPLISH CRIME PREVENTION, IDENTIFICATION
DETECTION, AND APPREHENSION OF SUSPECTS; ADJUDICATION; CUSTODIAL
TREATMENT OF SUSPECTS AND OFFENDERS, AND INSTITUTIONAL AND
NONINSTITUTIONAL REHABILITATIVE MEASURES.
"(N) THE TERM 'TREATMENT' INCLUDES BUT IS NOT LIMITED TO, MEDICAL,
EDUCATIONAL, SOCIAL, PSYCHOLOGICAL, AND VOCATIONAL SERVICES, CORRECTIVE
AND PREVENTIVE GUIDANCE AND TRAINING, AND OTHER REHABILITATIVE SERVICES
DESIGNED TO PROTECT THE PUBLIC AND BENEFIT THE ADDICT OR OTHER USER BY
ELIMINATING HIS DEPENDENCE ON ADDICTING OR OTHER DRUGS OR BY CONTROLLING
HIS DEPENDENCE, AND HIS SUSCEPTIBILITY TO ADDICTION OR USE. //87 STAT.
217// 87 STAT. 218//
"(O) 'CRIMINAL HISTORY INFORMATION' INCLUDES RECORDS AND RELATED
DATA, CONTAINED IN AN AUTOMATED CRIMINAL JUSTICE INFORMATIONAL SYSTEM,
COMPILED BY LAW ENFORCEMENT AGENCIES FOR PURPOSES OF IDENTIFYING
CRIMINAL OFFENDERS AND ALLEGED OFFENDERS AND MAINTAINING AS TO SUCH
PERSONS SUMMARIES OF ARRESTS, THE NATURE AND DISPOSITION OF CRIMINAL
CHARGES, SENTENCING, CONFINEMENT, REHABILITATION AND RELEASE.
"SEC. 651. WHOEVER EMBEZZLES, WILLFULLY MISAPPLIES, STEALS, OR
OBTAINS BY FRAUD OR ENDEAVORS TO EMBEZZLE, WILLFULLY MISAPPLY, STEAL OR
OBTAIN BY FRAUD ANY FUNDS, ASSETS, OR PROPERTY WHICH ARE THE SUBJECT OF
A GRANT OR CONTRACT OR OTHER FORM OF ASSISTANCE PURSUANT TO THIS TITLE,
WHETHER RECEIVED DIRECTLY OR INDIRECTLY FROM THE ADMINISTRATION, OR
WHOEVER RECEIVES, CONCEALS, OR RETAINS SUCH FUNDS, ASSETS, OR PROPERTY
WITH INTENT TO CONVERT SUCH FUNDS, ASSETS, OR PROPERTY TO HIS USE OR
GAIN, KNOWING SUCH FUNDS, ASSETS, OR PROPERTY HAVE BEEN EMBEZZLED,
WILLFULLY MISAPPLIED, STOLEN, OR OBTAINED BY FRAUD, SHALL BE FINED NOT
MORE THAN $10,000 OR IMPRISONED FOR NOT MORE THAN FIVE YEARS, OR BOTH.
"SEC. 652. WHOEVER KNOWINGLY AND WILLFULLY FALSIFIES, CONCEALS, OR
COVERS UP BY TRICK, SCHEME, OR DEVICE, ANY MATERIAL FACT IN ANY
APPLICATION FOR ASSISTANCE SUBMITTED PURSUANT TO THIS TITLE OR IN ANY
RECORDS REQUIRED TO BE MAINTAINED PURSUANT TO THIS TITLE SHALL BE
SUBJECT TO PROSECUTION UNDER THE PROVISIONS OF SECTION 1001 OF TITLE 18,
UNITED STATES CODE. //62 STAT. 749.//
"SEC. 653. ANY LAW ENFORCEMENT AND CRIMINAL JUSTICE PROGRAM OR
PROJECT UNDERWRITTEN, IN WHOLE OR IN PART, BY ANY GRANT, OR CONTRACT OR
OTHER FORM OF ASSISTANCE PURSUANT TO THIS TITLE, WHETHER RECEIVED
DIRECTLY OR INDIRECTLY FROM THE ADMINISTRATION, SHALL BE SUBJECT TO THE
PROVISIONS OF SECTION 371 OF TITLE 18, UNITED STATES CODE. //62 STAT.
701.//
SEC. 670. THE ATTORNEY GENERAL, IN CONSULTATION WITH THE APPROPRIATE
OFFICIALS IN THE AGENCIES INVOLVED, WITHIN 90 DAYS OF THE END OF EACH
SECOND FISCAL YEAR SHALL SUBMIT TO THE PRESIDENT AND TO THE CONGRESS A
REPORT OF FEDERAL LAW ENFORCEMENT AND CRIMINAL JUSTICE ASSISTANCE
ACTIVITIES, SETTING FORTH THE PROGRAMS CONDUCTED, EXPENDITURES MADE,
RESULTS ACHIEVED, PLANS DEVELOPED, AND PROBLEMS DISCOVERED IN THE
OPERATIONS AND COORDINATION OF THE VARIOUS FEDERAL ASSISTANCE PROGRAMS
RELATING TO CRIME PREVENTION AND CONTROL, INCLUDING, BUT NOT LIMITED TO,
THE JUVENILE DELINQUENCY PREVENTION AND CONTROL ACT OF 1968, //42 USC
3801 NOTE.// THE NARCOTICS ADDICT REHABILITATION ACT 1968, THE GUN
CONTROL ACT 1968, THE CRIMINAL JUSTICE ACT OF 1964, TITLE XI OF THE
ORGANIZED CRIME CONTROL ACT OF 1970 (RELATING TO THE REGULATION OF
EXPLOSIVES), AND TITLE III OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS
ACT OF 1968 (RELATING TO WIRETAPPING AND ELECTRONIC SURVEILLANCE)." //18
USC 921 NOTE, 3006A NOTE, 841, 2510 NOTE.//
"SEC. 3. //87 STAT. 218// THE AMENDMENTS MADE BY THIS ACT SHALL TAKE
EFFECT ON AND AFTER JULY 1, 1973, EXCEPT THAT THE OFFICES AND SALARIES
MODIFIED UNDER SECTIONS 101, 505, AND 506 OF TITLE I OF THE OMNIBUS
CRIME CONTROL AND SAFE STREETS ACT OF 1968 AS AMENDED BY THIS ACT SHALL
BE MODIFIED PROSPECTIVELY ONLY, EFFECTIVE ON AND AFTER THE DATE OF THE
ENACTMENT OF THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 249 (COMM. ON THE JUDICIARY) AND
NO. 93 - 401 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 349 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 14, 18, CONSIDERED AND PASSED HOUSE. JUNE 28, CONSIDERED AND
PASSED SENATE, AMENDED, IN
LIEU OF S. 1930. AUG. 2, HOUSE AND SENATE AGREED TO CONFERENCE
REPORT.
PUBLIC LAW 93-82, 87 STAT. 179, VETERANS HEALTH CARE EXPANSION ACT OF
1973.
TO AMEND TITLE 38 OF THE UNITED STATES CODE TO PROVIDE
IMPROVED AND EXPANDED MEDICAL AND NURSING HOME CARE TO VETERANS;
TO PROVIDE HOSPITAL AND MEDICAL CARE TO CERTAIN DEPENDENTS AND
SURVIVORS OF VETERANS; TO PROVIDE FOR IMPROVED STRUCTURAL SAFETY
OF VETERANS' ADMINISTRATION FACILITIES; TO IMPROVE RECRUITMENT
AND RETENTION OF CAREER PERSONNEL IN THE DEPARTMENT OF MEDICINE
AND SURGERY; 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 HEALTH CARE EXPANSION ACT OF 1973."
SEC. 101. (A) SUBPARAGRAPH (C) OF SECTION 601(4) OF TITLE 38, UNITED
STATES CODE, IS AMENDED TO READ AS FOLLOWS: //72 STAT. 1141; 82 STAT.
1202.//
"(C) PRIVATE FACILITIES FOR WHICH THE ADMINISTRATOR CONTRACTS
IN ORDER TO PROVIDE (I) HOSPITAL CARE OR MEDICAL SERVICES FOR
PERSONS SUFFERING FROM SERVICE-CONNECTED DISABILITIES OR FROM
DISABILITIES FOR WHICH SUCH PERSONS WERE DISCHARGED OR RELEASED
FROM THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE; (II) HOSPITAL
CARE FOR WOMEN VETERANS; OR (III) HOSPITAL CARE FOR VETERANS IN A
STATE, TERRITORY, COMMONWEALTH, OR POSSESSION OF THE UNITED STATES
NOT CONTIGUOUS TO THE FORTY-EIGHT CONTIGUOUS STATES, EXCEPT THAT
THE ANNUALLY DETERMINED AVERAGE HOSPITAL PATIENT LOAD PER THOUSAND
VETERAN POPULATION HOSPITALIZED AT VETERANS' ADMINISTRATION
EXPENSE IN GOVERNMENT AND PRIVATE FACILITIES IN EACH SUCH
NON-CONTIGUOUS STATE MAY NOT EXCEED THE AVERAGE PATIENT LOAD PER
THOUSAND VETERAN POPULATION HOSPITALIZED BY THE VETERANS'
ADMINISTRATION WITHIN THE FORTY-EIGHT CONTIGUOUS STATES; BUT
AUTHORITY UNDER THIS CLAUSE (III) SHALL EXPIRE ON DECEMBER 31,
1978.
(B) SECTION 601(5) OF SUCH TITLE IS AMENDED TO READ AS FOLLOWS: //72
STAT. 1141. 38 USC 601.//
"(5) THE TERM 'HOSPITAL CARE' INCLUDES--
"(A)(I) MEDICAL SERVICES RENDERED IN THE COURSE OF THE
HOSPITALIZATION OF ANY VETERAN, AND (II) TRANSPORTATION AND
INCIDENTAL EXPENSES FOR ANY VETERAN WHO IS IN NEED OF TREATMENT
FOR A SERVICE-CONNECTED DISABILITY OR IS UNABLE TO DEFRAY THE
EXPENSE OF TRANSPORTATION;
"(B) SUCH MENTAL HEALTH SERVICES, CONSULTATION, PROFESSIONAL
COUNSELING, AND TRAINING (INCLUDING (I) NECESSARY EXPENSES FOR
TRANSPORTATION IF UNABLE TO DEFRAY SUCH EXPENSES; //87 STAT.
180// OR (II) NECESSARY EXPENSES OF TRANSPORTATION AND SUBSISTENCE
IN THE CASE OF A VETERAN WHO IS RECEIVING CARE FOR A
SERVICE-CONNECTED DISABILITY, OR IN THE CASE OF A DEPENDENT OR
SURVIVOR OF A VETERAN RECEIVING CARE UNDER THE LAST SENTENCE OF
SECTION 613(B) OF THIS TITLE, //POST, P. 181.// UNDER THE TERMS
AND CONDITIONS SET FORTH IN SECTION 111 OF THIS TITLE) //72 STAT.
1113; 80 STAT. 208. 38 USC 111.// OF THE MEMBERS OF THE IMMEDIATE
FAMILY (INCLUDING LEGAL GUARDIANS) OF A VETERAN OR SUCH A
DEPENDENT OR SURVIVOR OF A VETERAN, OR, IN THE CASE OF A VETERAN
OR SUCH DEPENDENT OR SURVIVOR OF A VETERAN WHO HAS NO IMMEDIATE
FAMILY MEMBERS (OR LEGAL GUARDIAN), THE PERSON IN WHOSE HOUSEHOLD
SUCH VETERAN, OR SUCH A DEPENDENT OR SURVIVOR CERTIFIES HIS
INTENTION TO LIVE, AS MAY BE NECESSARY OR APPROPRIATE TO THE
EFFECTIVE TREATMENT AND REHABILITATION OF A VETERAN OR SUCH A
DEPENDENT OR A SURVIVOR OF A VETERAN; AND
"(C)(I) MEDICAL SERVICES RENDERED IN THE COURSE OF THE
HOSPITALIZATION OF A DEPENDENT OR SURVIVOR OF A VETERAN RECEIVING
CARE UNDER THE LAST SENTENCE OF SECTION 613(B) OF THIS TITLE,
//INFRA.// AND (II) TRANSPORTATION AND INCIDENTAL EXPENSES FOR
SUCH DEPENDENT OR SURVIVOR OF A VETERAN WHO IS IN NEED OF
TREATMENT FOR ANY INJURY, DISEASE, OR DISABILITY AND IS UNABLE TO
DEFRAY THE EXPENSE OF TRANSPORTATION.".
(C) SECTION 601(6) OF SUCH TITLE IS AMENDED BY INSERTING IMMEDIATELY
AFTER "TREATMENT," THE FOLLOWING: //72 STAT. 1141; 74 STAT. 472. 38
USC 601.// "SUCH HOME HEALTH SERVICES AS THE ADMINISTRATOR DETERMINES TO
BE NECESSARY OR APPROPRIATE FOR THE EFFECTIVE AND ECONOMICAL TREATMENT
OF A DISABILITY OF A VETERAN OR A DEPENDENT OR SURVIVOR OF A VETERAN
RECEIVING CARE UNDER THE LAST SENTENCE OF SECTION 613(B) OF THIS TITLE".
SEC. 102. SECTION 610 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY--
(1) BY INSERTING IN SUBSECTION (A) "OR NURSING HOME CARE"
IMMEDIATELY AFTER "HOSPITAL CARE" WHERE IT FIRST APPEARS: //76
STAT. 381; 80 STAT. 27, 1377.//
(2) STRIKING OUT CLAUSE (1)(B) OF SUBSECTION (A) AND INSERTING
IN LIEU THEREOF THE FOLLOWING:
"(B) ANY VETERAN FOR A NON-SERVICE-CONNECTED DISABILITY IF HE
IS UNABLE TO DEFRAY THE EXPENSES OF NECESSARY HOSPITAL CARE:";
(3) AMENDING SUBSECTION (C) TO READ AS FOLLOWS:
"(C) WHILE ANY VETERAN IS RECEIVING HOSPITAL CARE OR NURSING HOME
CARE IN ANY VETERANS' ADMINISTRATION FACILITY, THE ADMINISTRATOR MAY,
WITHIN THE LIMITS OF VETERANS' ADMINISTRATION FACILITIES, FURNISH
MEDICAL SERVICES TO CORRECT OR TREAT ANY NON-SERVICE-CONNECTED
DISABILITY OF SUCH VETERAN, IN ADDITION TO TREATMENT INCIDENT TO THE
DISABILITY FOR WHICH HE IS HOSPITALIZED, IF THE VETERAN IS WILLING, AND
THE ADMINISTRATOR FINDS SUCH SERVICES TO BE REASONABLY NECESSARY TO
PROTECT THE HEALTH OF SUCH VETERAN."; AND
(4) ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(D) IN NO CASE MAY NURSING HOME CARE BE FURNISHED IN A HOSPITAL NOT
UNDER THE DIRECT AND EXCLUSIVE JURISDICTION OF THE ADMINISTRATOR EXCEPT
AS PROVIDED IN SECTION 620 OF THIS TITLE." //POST, P. 182.//
SEC. 103. (A) SUBSECTION (F) OF SECTION 612 OF TITLE 38, UNITED
STATES CODE, IS AMENDED TO READ AS FOLLOWS:
"(F) THE ADMINISTRATOR MAY ALSO FURNISH MEDICAL SERVICES FOR ANY
DISABILITY ON AN OUTPATIENT OR AMBULATORY BASIS-- //74 STAT. 472; 83
STAT. 168. 87 STAT. 180 87 STAT. 181//
"(1) TO ANY VETERAN ELIGIBLE FOR HOSPITAL CARE UNDER SECTION
610 OF THIS TITLE (A) WHERE SUCH SERVICES ARE REASONABLY NECESSARY
IN PREPARATION FOR, OR TO OBVIATE THE NEED OF, HOSPITAL ADMISSION,
OR (B) WHERE SUCH A VETERAN HAS BEEN GRANTED HOSPITAL CARE AND
SUCH MEDICAL SERVICES ARE REASONABLY NECESSARY TO COMPLETE
TREATMENT INCIDENT TO SUCH HOSPITAL CARE; AND
"(2) TO ANY VETERAN WHO HAS A SERVICE-CONNECTED DISABILITY
RATED AT 80 PER CENTUM OR MORE.".
(B) STRIKE OUT SECTIONS 613 AND 614 IN THEIR ENTIRETY AND INSERT IN
LIEU THEREOF: //72 STAT. 1143. 38 USC 613, 614.//
^ 613. MEDICAL CARE FOR SURVIVORS AND DEPENDENTS OF CERTAIN
VETERANS
"(A) THE ADMINISTRATOR IS AUTHORIZED TO PROVIDE MEDICAL CARE, IN
ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (B) OF THIS SECTION, FOR--
"(1) THE WIFE OF A CHILD OF A VETERAN WHO HAS A TOTAL
DISABILITY, PERMANENT IN NATURE, RESULTING FROM A
SERVICE-CONNECTED DISABILITY, AND
"(2) THE WIDOW OR CHILD OF A VETERAN WHO DIED AS A RESULT OF A
SERVICE-CONNECTED DISABILITY WHO ARE NOT OTHERWISE ELIGIBLE FOR
MEDICAL CARE UNDER CHAPTER 55 OF TITLE 10 (CHAMPUS). //72 STAT.
1445; 84 STAT. 1081. 10 USC 1071.//
"(B) IN ORDER TO ACCOMPLISH THE PURPOSES OF SUBSECTION (A) OF THIS
SECTION, THE ADMINISTRATOR SHALL PROVIDE FOR MEDICAL CARE IN THE SAME OR
SIMILAR MANNER AND SUBJECT TO THE SAME OR SIMILAR LIMITATIONS AS MEDICAL
CARE IS FURNISHED TO CERTAIN DEPENDENTS AND SURVIVORS OF ACTIVE DUTY AND
RETIRED MEMBERS OF THE ARMED FORCES UNDER CHAPTER 55 OF TITLE 10
(CHAMPUS), BY--
"(1) ENTERING INTO AN AGREEMENT WITH THE SECRETARY OF DEFENSE
UNDER WHICH THE SECRETARY SHALL INCLUDE COVERAGE FOR SUCH MEDICAL
CARE UNDER THE CONTRACT, OR CONTRACTS, HE ENTERS INTO TO CARRY OUT
SUCH CHAPTER 55, AND UNDER WHICH THE ADMINISTRATOR SHALL FULLY
REIMBURSE THE SECRETARY FOR ALL COSTS AND EXPENDITURES MADE FOR
THE PURPOSE OF AFFORDING THE MEDICAL CARE AUTHORIZED PURSUANT TO
THIS SECTION: OR
"(2) CONTRACTING IN ACCORDANCE WITH SUCH REGULATIONS AS HE
SHALL PRESCRIBE FOR SUCH INSURANCE, MEDICAL SERVICE, OR HEALTH
PLANS AS HE DEEMS APPROPRIATE.
IN CASES IN WHICH VETERANS' ADMINISTRATION MEDICAL FACILITIES ARE
PARTICULARLY EQUIPPED TO PROVIDE THE MOST EFFECTIVE CARE AND TREATMENT,
E ADMINISTRATOR IS ALSO AUTHORIZED TO CARRY OUT SUCH PURPOSES THROUGH
THE USE OF SUCH FACILITIES NOT BEING UTILIZED FOR THE CARE OF ELIGIBLE
VETERANS.
" ^ 614. FITTING AND TRAINING IN USE OF PROSTHETIC APPLIANCES;
SEEING-EYE DOGS
"(A) ANY VETERAN WHO IS ENTITLED TO A PROSTHETIC APPLIANCE SHALL BE
FURNISHED SUCH FITTING AND TRAINING, INCLUDING INSTITUTIONAL TRAINING,
IN THE USE OF SUCH APPLIANCE AS MAY BE NECESSARY, WHETHER IN A VETERANS'
ADMINISTRATION FACILITY OR OTHER TRAINING INSTITUTION, OR BY OUTPATIENT
TREATMENT, INCLUDING SUCH SERVICE UNDER CONTRACT, //87 STAT. 181 87
STAT. 182// AND INCLUDING NECESSARY TRAVEL EXPENSES TO AND FROM HIS HOME
TO SUCH HOSPITAL OR TRAINING INSTITUTION.
"(B) THE ADMINISTRATOR MAY PROVIDE SEEING-EYE OR GUIDE DOGS TRAINED
FOR THE AID OF THE BLIND TO VETERANS WHO ARE ENTITLED TO DISABILITY
COMPENSATION, AND HE MAY PAY ALL NECESSARY TRAVEL EXPENSES TO AND FROM
THEIR HOMES AND INCURRED IN BECOMING ADJUSTED TO SUCH SEEING-EYE OR
GUIDE DOGS. THE ADMINISTRATOR MAY ALSO PROVIDE SUCH VETERANS WITH
MECHANICAL OR ELECTRONIC EQUIPMENT FOR AIDING THEM IN OVERCOMING THE
HANDICAP OF BLINDNESS.".
(C) THE TABLE OF SECTIONS AT THE BEGINNING OF CHAPTER 17 OF SUCH
TITLE IS AMENDED BY STRIKING OUT "613. FITTING AND TRAINING IN USE OF
PROSTHETIC APPLIANCES. "614. SEEING-EYE DOGS." AND INSERTING "613.
MEDICAL CARE FOR SURVIVORS AND DEPENDENTS OF CERTAIN VETERANS. "614.
FITTING AND TRAINING IN USE OF PROSTHETIC APPLIANCES; SEEING-EYE
DOGS.".
SEC. 104. (A) THE FIRST SENTENCE OF SUBSECTION (A) OF SECTION 620 OF
TITLE 38, UNITED STATES CODE, //78 STAT. 500; 83 STAT. 167.// IS
AMENDED BY REDESIGNATING CLAUSES (1) AND (2) AS CLAUSES (I) AND (II),
RESPECTIVELY; AND BY AMENDING THAT PORTION PRECEDING SUCH CLAUSES TO
READ AS FOLLOWS:
"(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, THE ADMINISTRATOR MAY
TRANSFER--
"(1) ANY VETERAN WHO HAS BEEN FURNISHED CARE BY THE
ADMINISTRATOR IN A HOSPITAL UNDER THE DIRECT AND EXCLUSIVE
JURISDICTION OF THE ADMINISTRATOR, AND
"(2) ANY PERSON (A) WHO HAS BEEN FURNISHED CARE IN ANY HOSPITAL
OF ANY OF THE ARMED FORCES, (B) WHO THE APPROPRIATE SECRETARY
CONCERNED HAS DETERMINED HAS RECEIVED MAXIMUM HOSPITAL BENEFITS
BUT REQUIRES A PROTRACTED PERIOD OF NURSING HOME CARE, AND (C) WHO
UPON DISCHARGE THEREFROM WILL BECOME A VETERAN
TO ANY PUBLIC OR PRIVATE INSTITUTION NOT UNDER THE JURISDICTION OF THE
ADMINISTRATOR WHICH FURNISHES NURSING HOME CARE, FOR CARE AT THE EXPENSE
OF THE UNITED STATES, ONLY IF THE ADMINISTRATOR DETERMINES THAT--".
(B) THE SECOND SENTENCE OF SECTION 620(A) OF SUCH TITLE IS AMENDED BY
STRIKING OUT THE DESIGNATIONS (A) AND (B) AND INSERTING IN LIEU THEREOF
(1) AND (II). //78 STAT. 500; 83 STAT. 167//
(C) SECTION 620(B) OF SUCH TITLE IS AMENDED (1) BY ADDING "OR
ADMITTED" AFTER "TRANSFERRED" AND (2) BY ADDING AT THE END THEREOF THE
FOLLOWING: "THE STANDARDS PRESCRIBED AND ANY REPORT OF INSPECTION OF
INSTITUTIONS FURNISHING CARE TO VETERANS UNDER THIS SECTION MADE BY OR
FOR THE ADMINISTRATOR SHALL, TO THE EXTENT POSSIBLE, BE MADE AVAILABLE
TO ALL FEDERAL, STATE, AND LOCAL AGENCIES CHARGED WITH THE
RESPONSIBILITY OF LICENSING OR OTHERWISE REGULATING OR INSPECTING SUCH
INSTITUTIONS.".
(D) SECTION 620 OF SUCH TITLE IS FURTHER AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SUBSECTION (D):
"(D) SUBJECT TO SUBSECTION (B) OF THIS SECTION, THE ADMINISTRATOR MAY
AUTHORIZE FOR ANY VETERAN REQUIRING NURSING HOME CARE FOR A
SERVICE-CONNECTED DISABILITY DIRECT ADMISSION FOR SUCH CARE AT THE
EXPENSE OF THE UNITED STATES TO ANY PUBLIC OR PRIVATE INSTITUTION NOT
UNDER THE JURISDICTION OF THE ADMINISTRATOR WHICH FURNISHES NURSING HOME
CARE. //87 STAT. 182 87 STAT. 183// SUCH ADMISSION MAY BE AUTHORIZED
UPON DETERMINATION OF NEED THEREFOR BY A PHYSICIAN EMPLOYED BY THE
VETERANS' ADMINISTRATION OR, IN AREAS WHERE NO SUCH PHYSICIAN IS
AVAILABLE, CARRYING OUT SUCH FUNCTION UNDER CONTRACT OR FEE ARRANGEMENT
BASED ON AN EXAMINATION BY SUCH PHYSICIAN. THE AMOUNT WHICH MAY BE PAID
FOR SUCH CARE AND THE LENGTH OF CARE AVAILABLE UNDER THIS SUBSECTION
SHALL BE THE SAME AS AUTHORIZED UNDER SUBSECTION (A) OF THIS SECTION.".
SEC. 105. (A) SECTION 626 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY STRIKING OUT "FIRE" AND INSERTING IN LIEU THEREOF "FIRE, EARTHQUAKE,
OR OTHER NATURAL DISASTER." //72 STAT. 1144.//
(B) THE CATCHLINE AT THE BEGINNING OF SECTION 626 OF SUCH TITLE IS
AMENDED TO READ AS FOLLOWS:
" ^ 626. REIMBURSEMENT FOR LOSS OF PERSONAL EFFECTS BY NATURAL
DISASTER."
SEC. 106. (A) SUBCHAPTER III OF CHAPTER 17 OF TITLE 38, UNITED STATES
CODE, IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION:
//72 STAT. 1143. 38 USC 621.//
" ^ 628. REIMBURSEMENT OF CERTAIN MEDICAL EXPENSES
"(A) THE ADMINISTRATOR MAY, UNDER SUCH REGULATIONS AS HE SHALL
PRESCRIBE, REIMBURSE VETERANS ENTITLED TO HOSPITAL CARE OR MEDICAL
SERVICES UNDER THIS CHAPTER FOR THE REASONABLE VALUE OF SUCH CARE OR
SERVICES (INCLUDING NECESSARY TRAVEL), FOR WHICH SUCH VETERANS HAVE MADE
PAYMENT, FROM SOURCES OTHER THAN THE VETERANS' ADMINISTRATION, WHERE--
"(1) SUCH CARE OR SERVICES WERE RENDERED IN A MEDICAL EMERGENCY
OF SUCH NATURE THAT THEY WOULD HAVE BEEN HAZARDOUS TO LIFE OR
HEALTH;
"(2) SUCH CARE OR SERVICES WERE RENDERED TO A VETERAN IN NEED
THEREOF (A) FOR AN ADJUDICATED SERVICE-CONNECTED DISABILITY, (B)
FOR A NON-SERVICE-CONNECTED DISABILITY ASSOCIATED WITH AND HELD TO
BE AGGRAVATING A SERVICE-CONNECTED DISABILITY, (C) FOR ANY
DISABILITY OF A VETERAN WHO HAS A TOTAL DISABILITY PERMANENT IN
NATURE FROM A SERVICE-CONNECTED DISABILITY, OR (D) FOR ANY
ILLNESS, INJURY, OR DENTAL CONDITION IN THE CASE OF A VETERAN WHO
IS FOUND TO BE (I) IN NEED OF VOCATIONAL REHABILITATION UNDER
CHAPTER 31 OF THIS TITLE AND FOR WHOM AN OBJECTIVE HAD BEEN
SELECTED OR (II) PURSUING A COURSE OF VOCATIONAL REHABILITATION
TRAINING AND IS MEDICALLY DETERMINED TO HAVE BEEN IN NEED OF CARE
OR TREATMENT TO MAKE POSSIBLE HIS ENTRANCE INTO A COURSE OF
TRAINING, //72 STAT. 1171; 79 STAT. 577. 38 USC 1501.// OR
PREVENT INTERRUPTION OF A COURSE OF TRAINING, OR HASTEN THE RETURN
OF A COURSE OF TRAINING WHICH WAS INTERRUPTED BECAUSE OF SUCH
ILLNESS, INJURY, OR DENTAL CONDITION; AND
"(3) VETERANS' ADMINISTRATION OR OTHER FEDERAL FACILITIES WERE
NOT FEASIBLY AVAILABLE, AND AN ATTEMPT TO USE THEM BEFOREHAND
WOULD NOT HAVE BEEN REASONABLE, SOUND, WISE, OR PRACTICAL.
"(B) IN ANY CASE WHERE REIMBURSEMENT WOULD BE IN ORDER UNDER
SUBSECTION (A) OF THIS SECTION, THE ADMINISTRATOR MAY, IN LIEU OF
REIMBURSING SUCH VETERAN, MAKE PAYMENT OF THE REASONABLE VALUE OF CARE
OR SERVICES DIRECTLY--
"(1) TO THE HOSPITAL OR OTHER HEALTH FACILITY FURNISHING THE
CARE OR SERVICES; OR //87 STAT. 183// //87 STAT. 184//
"(2) TO THE PERSON OR ORGANIZATION MAKING SUCH EXPENDITURE ON
BEHALF OF SUCH VETERAN.".
(B) THE TABLE OF SECTIONS AT THE BEGINNING OF SUCH CHAPTER IS AMENDED
BY DELETING "626. REIMBURSEMENT FOR LOSS OF PERSONAL EFFECTS BY FIRE.
"627. PERSONS ELIGIBLE UNDER PRIOR LAW." AND INSERTING IN LIEU THEREOF
"626. REIMBURSEMENT FOR LOSS OF PERSONAL EFFECTS BY NATURAL DISASTER.
"627. PERSONS ELIGIBLE UNDER PRIOR LAW. P"628. REIMBURSEMENT OF
CERTAIN MEDICAL EXPENSES.".
SEC. 107.(A) CHAPTER 17 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY STRIKING OUT SECTIONS 631 AND 632 IN THEIR ENTIRETY AND INSERTING IN
LIEU THEREOF THE FOLLOWING: //72 STAT. 1145; 80 STAT. 859.//
" ^ 631. ASSISTANCE TO THE REPUBLIC OF THE PHILIPPINES
"THE PRESIDENT IS AUTHORIZED TO ASSIST THE REPUBLIC OF THE
PHILIPPINES IN PROVIDING MEDICAL CARE AND TREATMENT FOR COMMONWEALTH
ARMY VETERANS AND NEW PHILIPPINE SCOUTS IN NEED OF SUCH CARE AND
TREATMENT FOR SERVICE-CONNECTED DISABILITIES AND NON-SERVICE-CONNECTED
DISABILITIES UNDER CERTAIN CONDITIONS.
" ^ 632. CONTRACTS AND GRANTS TO PROVIDE HOSPITAL CARE, MEDICAL
SERVICES AND NURSING HOME CARE
"(A) THE PRESIDENT, WITH THE CONCURRENCE OF THE REPUBLIC OF THE
PHILIPPINES, MAY AUTHORIZE THE ADMINISTRATOR TO ENTER INTO A CONTRACT
WITH THE VETERANS MEMORIAL HOSPITAL, WITH THE APPROVAL OF THE
APPROPRIATE DEPARTMENT OF THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES, COVERING THE PERIOD BEGINNING ON JULY 1, 1973, AND ENDING
ON JUNE 30, 1978, UNDER WHICH THE UNITED STATES--
"(1) WILL PAY FOR HOSPITAL CARE IN THE REPUBLIC OF THE
PHILIPPINES, OR FOR MEDICAL SERVICES WHICH SHALL BE PROVIDED
EITHER IN THE VETERANS MEMORIAL HOSPITAL, OR BY CONTRACT, OR
OTHERWISE BY THE ADMINISTRATOR IN ACCORDANCE WITH THE CONDITIONS
AND LIMITATIONS APPLICABLE GENERALLY TO BENEFICIARIES UNDER
SECTION 612 OF THIS TITLE, FOR COMMONWEALTH ARMY VETERANS AND NEW
PHILIPPINE SCOUTS DETERMINED BY THE ADMINISTRATOR TO BE IN NEED OF
SUCH HOSPITAL CARE OR MEDICAL SERVICES FOR SERVICE-CONNECTED
DISABILITIES; //ANTE, P. 180.//
"(2) WILL PAY FOR HOSPITAL CARE AT THE VETERANS MEMORIAL
HOSPITAL FOR COMMONWEALTH ARMY VETERANS, AND FOR NEW PHILIPPINE
SCOUTS IF THEY ENLISTED BEFORE JULY 4, 1946, DETERMINED BY THE
ADMINISTRATOR TO NEED SUCH CARE FOR NON-SERVICE-CONNECTED
DISABILITIES IF THEY ARE UNABLE TO DEFRAY THE EXPENSES OF
NECESSARY HOSPITAL CARE;
"(3) MAY PROVIDE FOR THE PAYMENT OF TRAVEL EXPENSE PURSUANT TO
SECTION III OF THIS TITLE FOR COMMONWEALTH ARMY VETERANS AND NEW
PHILIPPINE SCOUTS IN CONNECTION WITH HOSPITAL CARE OR MEDICAL
SERVICES FURNISHED THEM; //72 STAT. 1113; 80 STAT. 208. 38 USC
111.//
"(4) MAY PROVIDE FOR PAYMENTS FOR NURSING HOME CARE, ON THE
SAME TERMS AND CONDITIONS AS SET FORTH IN SECTION 620(A) //ANTE,
P. 182.// OF THIS TITLE, FOR ANY COMMONWEALTH ARMY VETERAN OR NEW
PHILIPPINE SCOUT DETERMINED TO NEED SUCH CARE AT A PER DIEM RATE
NOT TO EXCEED 50 PER CENTUM OF THE HOSPITAL PER DIEM RATE
ESTABLISHED PURSUANT TO CLAUSE (6) OF THIS SUBSECTION: //87 STAT.
184// //87 STAT. 185//
"(5) MAY PROVIDE THAT PAYMENTS FOR HOSPITAL CARE AND FOR
MEDICAL SERVICES PROVIDED TO COMMONWEALTH ARMY VETERANS AND NEW
PHILIPPINE SCOUTS OR TO UNITED STATES VETERANS MAY CONSIST IN
WHOLE OR IN PART OF AVAILABLE MEDICINES, MEDICAL SUPPLIES, AND
EQUIPMENT FURNISHED BY THE ADMINISTRATOR TO THE VETERANS MEMORIAL
HOSPITAL AT VALUATIONS THEREFOR AS DETERMINED BY THE
ADMINISTRATOR, WHO MAY FURNISH THROUGH THE REVOLVING SUPPLY FUND,
PURSUANT TO SECTION 5011 OF THIS TITLE, SUCH MEDICINES, MEDICAL
SUPPLIES, AND EQUIPMENT AS NECESSARY FOR THIS PURPOSE AND TO USE
THEREFORE, AS APPLICABLE, APPROPRIATIONS AVAILABLE FOR SUCH
PAYMENTS; //72 STAT. 1253; 75 STAT. 675. 38 USC 5011.//
"(6) WILL PROVIDE FOR PAYMENTS FOR SUCH HOSPITAL CARE AT A PER
DIEM RATE TO BE JOINTLY DETERMINED FOR EACH FISCAL YEAR BY THE TWO
GOVERNMENTS TO BE FAIR AND REASONABLE; AND
"(7) MAY STOP PAYMENTS UNDER ANY SUCH CONTRACT UPON REASONABLE
NOTICE AS STIPULATED BY THE CONTRACT IF THE REPUBLIC OF THE
PHILIPPINES AND THE VETERANS MEMORIAL HOSPITAL FAIL TO MAINTAIN
SUCH HOSPITAL IN A WELL-EQUIPPED AND EFFECTIVE OPERATING
CONDITION, AS DETERMINED BY THE ADMINISTRATOR.
"(B) THE TOTAL OF THE PAYMENTS AUTHORIZED BY SUBSECTION (A) OF THIS
SECTION SHALL NOT EXCEED $2,000,000 FOR ANY ONE FISCAL YEAR ENDING
BEFORE JULY 1, 1978, WHICH SHALL INCLUDE AN AMOUNT NOT TO EXCEED
$250,000 FOR ANY ONE SUCH FISCAL YEAR FOR THE PURPOSES OF CLAUSE (4) OF
SUCH SUBSECTION.
"(C) THE CONTRACT AUTHORIZED BY SUBSECTION (A) OF THIS SECTION MAY
PROVIDE FOR THE USE BY THE REPUBLIC OF THE PHILIPPINES OF BEDS,
EQUIPMENT, AND OTHER FACILITIES OF THE VETERANS MEMORIAL HOSPITAL AT
MANILA, NOT REQUIRED FOR HOSPITAL CARE OF COMMONWEALTH ARMY VETERANS OR
NEW PHILIPPINE SCOUTS FOR SERVICE-CONNECTED DISABILITIES, FOR HOSPITAL
CARE OF OTHER PERSONS IN THE DISCRETION OF THE REPUBLIC OF THE
PHILIPPINES EXCEPT THAT (1) PRIORITY OF ADMISSION AND RETENTION IN SUCH
HOSPITAL SHALL BE ACCORDED COMMONWEALTH ARMY VETERANS AND NEW PHILIPPINE
SCOUTS NEEDING HOSPITAL CARE FOR SERVICE-CONNECTED DISABILITIES, AND (2)
SUCH USE SHALL NOT PRECLUDE THE USE OF AVAILABLE FACILITIES IN SUCH
HOSPITAL ON A CONTRACT BASIS FOR HOSPITAL CARE OR MEDICAL SERVICES FOR
PERSONS ELIGIBLE THEREFOR FROM THE VETERANS' ADMINISTRATION.
"(D) TO FURTHER ASSURE THE EFFECTIVE CARE AND TREATMENT OF PATIENTS
IN THE VETERANS MEMORIAL HOSPITAL, THERE IS AUTHORIZED TO BE
APPROPRIATED FOR EACH FISCAL YEAR DURING THE FIVE YEARS BEGINNING JULY
1, 1973, AND ENDING JUNE 30, 1978--
"(1) THE SUM OF $50,000 TO BE USED BY THE ADMINISTRATOR FOR
MAKING GRANTS TO THE VETERANS MEMORIAL HOSPITAL FOR THE PURPOSE OF
EDUCATION AND TRAINING OF HEALTH SERVICE PERSONNEL WHO ARE
ASSIGNED TO SUCH HOSPITAL; AND
"(2) THE SUM OF $50,000 TO BE USED BY THE ADMINISTRATOR FOR
MAKING GRANTS TO THE VETERANS MEMORIAL HOSPITAL FOR THE PURPOSE OF
ASSISTING THE REPUBLIC OF THE PHILIPPINES IN THE REPLACEMENT AND
UPGRADING OF EQUIPMENT AND IN REHABILITATING THE PHYSICAL PLANT
AND FACILITIES OF SUCH HOSPITAL. //87 STAT. 185// //87 STAT.
186//
SUCH GRANTS SHALL BE MADE ON SUCH TERMS AND CONDITIONS AS PRESCRIBED BY
THE ADMINISTRATOR, INCLUDING APPROVAL BY HIM OF ALL EDUCATION AND
TRAINING PROGRAMS CONDUCTED BY THE HOSPITAL UNDER SUCH GRANTS. ANY
APPROPRIATION MADE FOR CARRYING OUT THE PURPOSES OF CLAUSE (2) OF THIS
SUBSECTION SHALL REMAIN AVAILABLE UNTIL EXPENDED.".
(B) THE TABLE OF SECTIONS AT THE BEGINNING OF SUCH CHAPTER 17 IS
AMENDED BY STRIKING OUT "631. GRANTS TO THE REPUBLIC OF THE
PHILIPPINES. "632. MODIFICATION OF AGREEMENT WITH THE REPUBLIC OF THE
PHILIPPINES
EFFECTUATING THE ACT OF JULY 1, 1948." AND INSERTING IN LIEU THEREOF
"631. ASSISTANCE TO THE REPUBLIC OF THE PHILIPPINES. "632. CONTRACTS
AND GRANTS TO PROVIDE HOSPITAL CARE, MEDICAL SERVICES
AND NURSING HOME CARE.".
(C) NOTHING IN SUBSECTION (A) OF THIS SECTION SHALL BE DEEMED TO
AFFECT IN ANY MANNER ANY RIGHT, CAUSE, OBLIGATION, CONTRACT
(SPECIFICALLY INCLUDING THAT CONTRACT EXECUTED APRIL 25, 1967, BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF
THE UNITED STATES RESULTING FROM PUBLIC LAW 89 - 612, //80 STAT. 859.
38 USC 622, 632, 634.// WHICH SHALL REMAIN IN FORCE AND EFFECT UNTIL
MODIFIED OR SUPERSEDED BY AN AGREEMENT EXECUTED UNDER AUTHORITY OF THIS
ACT), AUTHORIZATION OF APPROPRIATION, GRANT, FUNCTION, POWER, OR DUTY
VESTED BY LAW OR OTHERWISE UNDER THE PROVISIONS OF SECTION 632 OF TITLE
38, UNITED STATES CODE, IN EFFECT ON THE DAY BEFORE THE DATE OF
ENACTMENT OF THIS SECTION. //ANTE, P. 184.//
SEC. 108.(A) SECTION 624 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION: //72 STAT.
1144.//
"(D) THE ADMINISTRATOR MAY FURNISH NURSING HOME CARE, ON THE SAME
TERMS AND CONDITIONS SET FORTH IN SECTION 620(A) //ANTE, P. 182.// OF
THIS TITLE AND AT THE SAME RATE AS SPECIFIED IN SECTION 632(A)(4)
//ANTE, P. 184.// OF THIS TITLE, TO ANY VETERAN WHO HAS BEEN FURNISHED
HOSPITAL CARE IN THE PHILIPPINES PURSUANT TO THIS SECTION, BUT WHO
REQUIRES A PROTRACTED PERIOD OF NURSING HOME CARE.".
(B) THE CATCHLINE AT THE BEGINNING OF SECTION 624 OF SUCH TITLE IS
AMENDED TO READ AS FOLLOWS:
" ^ 624. HOSPITAL CARE, MEDICAL SERVICES AND NURSING HOME CARE
ABROAD."
SEC. 109.(A) CHAPTER 17 OF TITLE 38, UNITED STATES CODE, IS FURTHER
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBCHAPTER: //72
STAT. 1141. 38 USC 601.//
" ^ 651. SCREENING, COUNSELING, AND MEDICAL TREATMENT
"THE ADMINISTRATOR IS AUTHORIZED TO CARRY OUT A COMPREHENSIVE PROGRAM
OF PROVIDING SICKLE CELL ANEMIA SCREENING, COUNSELING, TREATMENT, AND
INFORMATION UNDER THE PROVISIONS OF THIS CHAPTER.
" ^ 652. RESEARCH
"THE ADMINISTRATOR IS AUTHORIZED TO CARRY OUT RESEARCH AND RESEARCH
TRAINING IN THE DIAGNOSIS, TREATMENT, AND CONTROL OF SICKLE CELL ANEMIA
BASED UPON THE SCREENING EXAMINATIONS AND TREATMENT PROVIDED UNDER THIS
SUBCHAPTER. //87 STAT. 187//
" ^ 653. VOLUNTARY PARTICIPATION; CONFIDENTIALITY
"(A) THE PARTICIPATION BY ANY PERSON IN ANY PROGRAM OR PORTION
THEREOF UNDER THIS SUBCHAPTER SHALL BE WHOLLY VOLUNTARY AND SHALL NOT BE
A PREREQUISITE TO ELIGIBILITY FOR OR RECEIPT OF ANY OTHER SERVICE OR
ASSISTANCE FROM, OR TO PARTICIPATION IN, ANY OTHER PROGRAM UNDER THIS
TITLE.
"(B) THE ADMINISTRATOR SHALL PROMULGATE RULES AND REGULATIONS TO
INSURE THAT ALL INFORMATION AND PATIENT RECORDS PREPARED OR OBTAINED
UNDER THIS SUBCHAPTER SHALL BE HELD CONFIDENTIAL EXCEPT FOR (1) SUCH
INFORMATION AS THE PATIENT (OR HIS GUARDIAN) REQUESTS IN WRITING TO BE
RELEASED OR (2) STATISTICAL DATA COMPILED WITHOUT REFERENCE TO PATIENT
NAMES OR OTHER IDENTIFYING CHARACTERISTICS.
" ^ 654. REPORTS
"THE ADMINISTRATOR SHALL INCLUDE IN THE ANNUAL REPORT TO THE CONGRESS
REQUIRED BY SECTION 214 OF THIS TITLE A COMPREHENSIVE REPORT ON THE
ADMINISTRATION OF THIS SUBCHAPTER, INCLUDING SUCH RECOMMENDATIONS FOR
ADDITIONAL LEGISLATION AS THE ADMINISTRATOR DEEMS NECESSARY.". //72
STAT. 1115. 38 USC 214.//
(B) THE ANALYSIS AT THE BEGINNING OF SUCH CHAPTER IS AMENDED BY
ADDING AT THE END THEREOF:
"651. SCREENING, COUNSELING, AND MEDICAL
RESEARCH.
TREATMENT. "652. "653. VOLUNTARY CONFIDENTIALITY. PARTICIPATION;
"654. REPORTS.".
SEC. 201. SECTION 4101 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY AMENDING SUBSECTION (B) TO READ AS FOLLOWS: //72 STAT. 1243; 80
STAT. 1368.//
"(B) IN ORDER TO CARRY OUT MORE EFFECTIVELY THE PRIMARY FUNCTION OF
THE DEPARTMENT OF MEDICINE AND SURGERY TO PROVIDE A COMPLETE MEDICAL AND
HOSPITAL SERVICE FOR THE MEDICAL CARE AND TREATMENT OF VETERANS AND IN
ORDER TO ASSIST IN PROVIDING AN ADEQUATE SUPPLY OF HEALTH MANPOWER TO
THE NATION, THE ADMINISTRATOR SHALL, TO THE EXTENT FEASIBLE WITHOUT
INTERFERING WITH THE MEDICAL CARE AND TREATMENT OF VETERANS, DEVELOP AND
CARRY OUT A PROGRAM OF EDUCATION AND TRAINING OF SUCH HEALTH MANPOWER
(INCLUDING THE DEVELOPING AND EVALUATING OF NEW HEALTH CAREERS,
INTERDISCIPLINARY APPROACHES AND CAREER ADVANCEMENT OPPORTUNITIES), AND
SHALL CARRY OUT A MAJOR PROGRAM FOR THE RECRUITMENT, TRAINING, AND
EMPLOYMENT OF VETERANS WITH MEDICAL MILITARY OCCUPATION SPECIALTIES AS
PHYSICIANS' ASSISTANTS, DENTISTS' ASSISTANTS, AND OTHER MEDICAL
TECHNICIANS (INCLUDING ADVISING ALL SUCH QUALIFIED VETERANS AND
SERVICEMEN ABOUT TO BE DISCHARGED OR RELEASED FROM ACTIVE DUTY OF SUCH
EMPLOYMENT OPPORTUNITIES), ACTING IN COOPERATION WITH SUCH SCHOOLS OF
MEDICINE, OSTEOPATHY, DENTISTRY, NURSING, PHARMACY, OPTOMETRY, PODIATRY,
PUBLIC HEALTH, OR ALLIED HEALTH PROFESSIONS; OTHER INSTITUTIONS OF
HIGHER LEARING; MEDICAL CENTERS; ACADEMIC HEALTH CENTERS; HOSPITALS;
AND SUCH OTHER PUBLIC OR NONPROFIT AGENCIES, INSTITUTIONS, OR
ORGANIZATIONS AS THE ADMINISTRATOR DEEMS APPROPRIATE.
"(C)(1) WITHIN NINETY DAYS AFTER ENACTMENT OF THIS SUBSECTION, THE
ADMINISTRATOR, IN CONSULTATION WITH THE CHIEF MEDICAL DIRECTOR, IS
DIRECTED TO CONCLUDE NEGOTIATIONS FOR AN AGREEMENT WITH THE NATIONAL
ACADEMY OF SCIENCES UNDER WHICH SUCH ACADEMY //87 STAT. 188// (UTILIZING
ITS FULL RESOURCES AND EXPERTISE) WILL CONDUCT AN EXTENSIVE REVIEW AND
APPRAISAL OF PERSONNEL AND OTHER RESOURCE REQUIREMENTS IN VETERANS'
ADMINISTRATION HOSPITALS, CLINICS, AND OTHER MEDICAL FACILITIES TO
DETERMINE A BASIS FOR THE OPTIMUM NUMBERS AND CATEGORIES OF SUCH
PERSONNEL AND OTHER RESOURCES NEEDED TO INSURE THE PROVISION TO ELIGIBLE
VETERANS OF HIGH QUALITY CARE IN ALL HOSPITAL, MEDICAL, DOMICILIARY, AND
NURSING HOME FACILITIES. SUCH AGREEMENT SHALL PROVIDE THAT (A) AT THE
EARLIEST FEASIBLE DATE INTERIM REPORTS AND THE FINAL REPORT WILL BE
SUBMITTED BY THE NATIONAL ACADEMY OF SCIENCES TO THE ADMINISTRATOR, THE
PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, AND (B) THE FINAL REPORT WILL BE SUBMITTED NO LATER
THAN TWENTY-FOUR MONTHS AFTER THE DATE OF THE AGREEMENT EXCEPT THAT THE
ADMINISTRATOR, IN CONSULTATION WITH THE CHIEF MEDICAL DIRECTOR AND AFTER
CONSULTATION WITH THE HOUSE AND SENATE COMMITTEES ON VETERANS' AFFAIRS,
MAY PERMIT AN EXTENSION UP TO TWELVE ADDITIONAL MONTHS.
"(2) WITHIN NINETY DAYS AFTER THE SUBMISSION OF THE FINAL REPORT
DESCRIBED IN SUBSECTION (A) OF THIS SECTION, THE ADMINISTRATOR SHALL
SUBMIT TO THE SENATE AND HOUSE COMMITTEES ON VETERANS' AFFAIRS A
DETAILED REPORT OF HIS VIEWS ON THE NATIONAL ACADEMY OF SCIENCES'
FINDINGS AND RECOMMENDATIONS SUBMITTED IN SUCH REPORT, INCLUDING (A) THE
STEPS AND TIMETABLE THEREFOR (TO BE CARRIED OUT IN NOT LESS THAN THREE
YEARS) HE PROPOSES TO TAKE TO IMPLEMENT SUCH FINDINGS AND
RECOMMENDATIONS AND (B) ANY DISAGREEMENTS, AND THE REASONS THEREFOR,
WITH RESPECT TO SUCH FINDINGS AND RECOMMENDATIONS.
"(3) THE ADMINISTRATOR SHALL COOPERATE FULLY WITH THE NATIONAL
ACADEMY OF SCIENCES, AND MAKE AVAILABLE TO THE ACADEMY ALL SUCH STAFF,
INFORMATION, RECORDS, AND OTHER ASSISTANCE, AND SHALL SET ASIDE FOR SUCH
PURPOSES SUCH SUMS, AS ARE NECESSARY TO INSURE THE SUCCESS OF THE
STUDY.".
SEC. 202. SECTION 4103(A) OF TITLE 38, UNITED STATES CODE, IS
AMENDED-- //78 STAT. 409; 80 STAT. 1368.//
(1) BY AMENDING PARAGRAPH (4) TO READ AS FOLLOWS:
"(4) NOT TO EXCEED EIGHT ASSISTANT CHIEF MEDICAL DIRECTORS, WHO
SHALL BE APPOINTED BY THE ADMINISTRATOR UPON THE RECOMMENDATIONS
OF THE CHIEF MEDICAL DIRECTOR. NOT MORE THAN TWO ASSISTANT CHIEF
MEDICAL DIRECTORS MAY BE INDIVIDUALS QUALIFIED IN THE
ADMINISTRATION OF HEALTH SERVICES WHO ARE NOT DOCTORS OF MEDICINE,
DENTAL SURGERY, OR DENTAL MEDICINE. ONE ASSISTANT CHIEF MEDICAL
DIRECTOR SHALL BE A QUALIFIED DOCTOR OF DENTAL SURGERY OR DENTAL
MEDICINE WHO SHALL BE DIRECTLY RESPONSIBLE TO THE CHIEF MEDICAL
DIRECTOR FOR THE OPERATION OF THE DENTAL SERVICE."; AND
(2) BY AMENDING PARAGRAPH (7) TO READ AS FOLLOWS:
"(7) A DIRECTOR OF PHARMACY SERVICE, A DIRECTOR OF DIETETIC
SERVICE, AND A DIRECTOR OF OPTOMETRY, APPOINTED BY THE
ADMINISTRATOR.".
SEC. 203. SECTION 4107 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY-- //81 STAT. 631; 84 STAT. 1092.//
(1) AMENDING SUBSECTIONS (A) AND (B) TO READ AS FOLLOWS:
"(A) THE PER ANNUM FULL-PAY SCALE OR RANGES FOR POSITIONS PROVIDED IN
SECTION 4103 OF THIS TITLE, OTHER THAN CHIEF MEDICAL DIRECTOR AND DEPUTY
CHIEF MEDICAL DIRECTOR, SHALL BE AS FOLLOWS:
"ASSOCIATE DEPUTY CHIEF MEDICAL DIRECTOR, AT THE ANNUAL RATE PROVIDED
IN SECTION 5316 OF TITLE 5 FOR POSITIONS IN LEVEL V OF THE EXECUTIVE
SCHEDULE. //83 STAT. 864.// //87 STAT. 189//
"ASSISTANT CHIEF MEDICAL DIRECTOR, $41,734.
"MEDICAL DIRECTOR, $36,103 MINIMUM TO $40,915 MAXIMUM.
"DIRECTOR OF NURSING SERVICE, $36,103 MINIMUM TO $40,915 MAXIMUM.
"DIRECTOR OF CHAPLAIN SERVICE, $31,203 MINIMUM TO $3 ,523 MAXIMUM.
"DIRECTOR OF PHARMACY SERVICE, $31,203 MINIMUM TO $39,523 MAXIMUM.
"DIRECTOR OF DIETETIC SERVICE, $31,203 MINIMUM TO $39,523 MAXIMUM.
"DIRECTOR OF OPTOMETRY, $31,203 MINIMUM TO $39,523 MAXIMUM.
"(B)(1) THE GRADES AND PER ANNUM FULL-PAY RANGES FOR POSITIONS
PROVIDED FOR IN PARAGRAPH (1) OF SECTION 4104 OF THIS TITLE SHALL BE AS
FOLLOWS: //80 STAT. 434. 5 USC 4104.//
"DIRECTOR GRADE, $31,203 MINIMUM TO $39,523 MAXIMUM.
"EXECUTIVE GRADE, $28,996 MINIMUM TO $37,699 MAXIMUM.
"CHIEF GRADE, $26,898 MINIMUM TO $34,971 MAXIMUM.
"SENIOR GRADE, $23,088 MINIMUM TO $30,018 MAXIMUM.
"INTERMEDIATE GRADE, $19,700 MINIMUM TO $25,613 MAXIMUM.
"FULL GRADE, $16,682 MINIMUM TO $21,686 MAXIMUM.
"ASSOCIATE GRADE, $13,996 MINIMUM TO $18,190 MAXIMUM.
"DIRECTOR GRADE, $26,898 MINIMUM TO $34,981 MAXIMUM.
"ASSISTANT DIRECTOR GRADE, $23,088 MINIMUM TO $30,018 MAXIMUM.
"CHIEF GRADE, $19,700 MINIMUM TO $25,613 MAXIMUM.
"SENIOR GRADE, $16,682 MINIMUM TO $21,686 MAXIMUM.
"INTERMEDIATE GRADE, $13,682 MINIMUM TO $18,190 MAXIMUM.
"FULL GRADE, $11,614 MINIMUM TO $15,087 MAXIMUM.
"ASSOCIATE GRADE, $10,012 MINIMUM TO $13,018 MAXIMUM.
"JUNIOR GRADE, $8,572 MINIMUM TO $11,146 MAXIMUM.
"(2) NO PERSON MAY HOLD THE DIRECTOR GRACE IN THE 'PHYSICIAN AND
DENTIST SCHEDULE' UNLESS HE IS SERVING AS A DIRECTOR OF A HOSPITAL,
DOMICILIARY, CENTER, OR OUTPATIENT CLINIC (INDEPENDENT). NO PERSON MAY
HOLD THE EXECUTIVE GRADE UNLESS HE HOLDS THE POSITION OF CHIEF OF STAFF
AT A HOSPITAL, CENTER, OR OUTPATIENT CLINIC (INDEPENDENT), OR COMPARABLE
POSITION."; AND
(2) ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTIONS:
"(D) THE LIMITATIONS IN SECTION 5308 OF TITLE 5 SHALL APPLY TO PAY
UNDER THIS SECTION. //84 STAT. 1951.//
"(E)(1) IN ADDITION TO THE BASIC COMPENSATION PROVIDED FOR NURSES IN
SUBSECTION (B)(1) OF THIS SECTION, A NURSE SHALL RECEIVE ADDITIONAL
COMPENSATION AS PROVIDED BY PARAGRAPHS (2) THROUGH (8) OF THIS
SUBSECTION.
"(2) A NURSE PERFORMING SERVICE ON A TOUR OF DUTY, ANY PART OF WHICH
IS WITHIN THE PERIOD COMMENCING AT 7 POSTMERIDIAN AND ENDING AT 6
ANTEMERIDIAN, SHALL RECEIVE ADDITIONAL COMPENSATION FOR EACH HOUR OF
SERVICE ON SUCH TOUR AT A RATE EQUAL TO 10 PER CENTUM OF THE EMPLOYEE'S
BASIC HOURLY RATE, IF AT LEAST FOUR HOURS OF SUCH TOUR FALL BETWEEN 6
POSTMERIDIAN AND 6 ANTEMERIDIAN. WHEN LESS THAN FOUR HOURS OF SUCH TOUR
FALL BETWEEN 6 POSTMERIDIAN AND 6 ANTEMERIDIAN, THE NURSE SHALL BE PAID
THE DIFFERENTIAL FOR EACH HOUR OF WORK PERFORMED BETWEEN THOSE HOURS.
"(3) A NURSE PERFORMING SERVICE ON A TOUR OF DUTY, ANY PART OF WHICH
IS WITHIN THE PERIOD COMMENCING AT MIDNIGHT SATURDAY AND ENDING AT
MIDNIGHT SUNDAY, SHALL RECEIVE ADDITIONAL COMPENSATION FOR EACH HOUR OF
SERVICE ON SUCH TOUR AT A RATE EQUAL TO 25 PER CENTUM OF SUCH NURSE'S
BASIC HOURLY RATE. //87 STAT. 190//
"(4) A NURSE PERFORMING SERVICE ON A HOLIDAY DESIGNATED BY FEDERAL
STATUTE OR EXECUTIVE ORDER SHALL RECEIVE SUCH NURSE'S REGULAR RATE OF
BASIC PAY, PLUS ADDITIONAL PAY AT A RATE EQUAL TO SUCH REGULAR RATE OF
BASIC PAY, FOR THAT HOLIDAY WORK, INCLUDING OVERTIME WORK. ANY SERVICE
REQUIRED TO BE PERFORMED BY A NURSE ON SUCH A DESIGNATED HOLIDAY SHALL
BE DEEMED TO BE A MINIMUM OF TWO HOURS IN DURATION.
"(5) A NURSE PERFORMING OFFICIALLY ORDERED OR APPROVED HOURS OF
SERVICE IN EXCESS OF FORTY HOURS IN AN ADMINISTRATIVE WORKWEEK, OR IN
EXCESS OF EIGHT HOURS IN A DAY, SHALL RECEIVE OVERTIME PAY FOR EACH HOUR
OF SUCH ADDITIONAL SERVICE; THE OVERTIME RATES SHALL BE ONE AND
ONE-HALF TIMES SUCH NURSE'S BASIC HOURLY RATE, NOT TO EXCEED ONE AND
ONE-HALF TIMES THE BASIC HOURLY RATE FOR THE MINIMUM RATE OF
INTERMEDIATE GRADE OF THE NURSE SCHEDULE. FOR THE PURPOSES OF THIS
PARAGRAPH, OVERTIME MUST BE OF AT LEAST FIFTEEN MINUTES DURATION IN A
DAY TO BE CREDITABLE FOR OVERTIME PAY. COMPENSATORY TIME OFF IN LIEU OF
PAY FOR SERVICE PERFORMED UNDER THE PROVISIONS OF THIS PARAGRAH SHALL
NOT BE PERMITTED. ANY EXCESS SERVICE PERFORMED UNDER THIS PARAGRAPH ON
A DAY WHEN SERVICE WAS NOT SCHEDULED FOR SUCH NURSE, OR FOR WHICH SUCH
NURSE IS REQUIRED TO RETURN TO HER PLACE OF EMPLOYMENT, SHALL BE DEEMED
TO BE A MINIMUM OF TWO HOURS IN DURATION.
"(6) FOR THE PURPOSE OF COMPUTING THE ADDITIONAL COMPENSATION
PROVIDED BY PARAGRAPH (2), (3), (4), OR (5) OF THIS SUBSECTION, A
NURSE'S BASIC HOURLY RATE SHALL BE DERIVED BY DIVIDING SUCH NURSE'S
ANNUAL RATE OF BASIC COMPENSATION BY TWO THOUSAND AND EIGHTY.
"(7) WHEN A NURSE IS ENTITLED TO TWO OR MORE FORMS OF ADDITIONAL PAY
UNDER PARAGRAPH (2), (3), (4), OR (5) FOR THE SAME PERIOD OF DUTY, THE
AMOUNTS OF SUCH ADDITIONAL PAY SHALL BE COMPUTED SEPARATELY ON THE BASIS
OF SUCH NURSE'S BASIC HOURLY RATE OF PAY, EXCEPT THAT NO OVERTIME PAY AS
PROVIDED IN PARAGRAPH (5) SHALL BE PAYABLE FOR OVERTIME SERVICE
PERFORMED ON A HOLIDAY DESIGNATED BY FEDERAL STATUTE OR EXECUTIVE ORDER
IN ADDITION TO PAY RECEIVED UNDER PARAGRAPH (4) FOR SUCH SERVICE.
"(8) A NURSE WHO IS OFFICIALLY SCHEDULED TO BE ON CALL OUTSIDE SUCH
NURSE'S REGULAR HOURS SHALL BE COMPENSATED FOR EACH HOUR OF SUCH ON-CALL
DUTY, EXCEPT FOR SUCH TIME AS SUCH NURSE MAY BE CALLED BACK TO WORK, AT
A RATE EQUAL TO 10 PER CENTUM OF THE HOURLY RATE FOR EXCESS SERVICE AS
PROVIDED IN PARAGRAPH (5) OF THIS SUBSECTION.
"(9) ANY ADDITIONAL COMPENSATION PAID PURSUANT TO THIS SUBSECTION
SHALL NOT BE CONSIDERED AS BASIC COMPENSATION FOR THE PURPOSES OF
SUBCHAPTER VI AND SECTION 5595 OF SUBCHAPTER IX OF CHAPTER 55, CHAPTER
81, 83, OR 87 OF TITLE 5, OR OTHER BENEFITS BASED ON BASIC
COMPENSATION.". //5 USC 5551, 5595, 8101, 8301, 8701.//
SEC. 204. (A) SECTION 4108 OF TITLE 38, UNITED STATES CODE, IS
AMENDED TO READ AS FOLLOWS: //76 STAT. 860.//
" ^ 4108. PERSONNEL ADMINISTRATION
"(A) NOTWITHSTANDING ANY LAW, EXECUTIVE ORDER, OR REGULATION, THE
ADMINISTRATOR SHALL PRESCRIBE BY REGULATION THE HOURS AND CONDITIONS OF
EMPLOYMENT AND LEAVES OF ABSENCE OF PHYSICIANS, DENTISTS, AND NURSES
APPOINTED TO THE DEPARTMENT OF MEDICINE AND SURGERY, EXCEPT THAT THE
HOURS OF EMPLOYMENT IN CARRYING OUT RESPONSIBILITIES UNDER THIS TITLE OF
ANY PHYSICIAN, DENTIST (OTHER THAN AN INTERN OR RESIDENT APPOINTMENT
PURSUANT TO SECTION 4114 OF THIS TITLE), //POST P. 192.// OR NURSE
APPOINTED ON A FULL-TIME BASIS WHO ACCEPTS RESPONSIBILITIES FOR CARRYING
OUT PROFESSIONAL SERVICES FOR REMUNERATION OTHER THAN THOSE ASSIGNED
UNDER THIS TITLE, SHALL CONSIST OF NOT LESS THAN EIGHTY HOURS IN A
BIWEEKLY PAY PERIOD (AS THAT TERM IS USED IN SECTION 5504 OF TITLE 5),
AND NO SUCH PERSON MAY-- //80 STAT. 475.//
//87 STAT. 191// "(1) ASSUME RESPONSIBILITY FOR THE MEDICAL CARE OF
ANY PATIENT OTHER THAN A PATIENT ADMITTED FOR TREATMENT AT A VETERANS'
ADMINISTRATION FACILITY, EXCEPT IN THOSE CASES WHERE THE INDIVIDUAL,
UPON REQUEST AND WITH THE APPROVAL OF THE CHIEF MEDICAL DIRECTOR,
ASSUMES SUCH RESPONSIBILITIES TO ASSIST COMMUNITIES OR MEDICAL PRACTICE
GROUPS TO MEET MEDICAL NEEDS WHICH WOULD NOT OTHERWISE BE AVAILABLE FOR
A PERIOD NOT TO EXCEED ONE HUNDRED AND EIGHTY CALENDAR DAYS, WHICH MAY
BE EXTENDED BY THE CHIEF MEDICAL DIRECTOR FOR ADDITIONAL PERIODS NOT TO
EXCEED ONE HUNDRED AND EIGHTY CALENDAR DAYS EACH;
"(2) TEACH OR PROVIDE CONSULTATIVE SERVICES AT ANY AFFILIATED
INSTITUTION IF SUCH TEACHING OR CONSULTATION WILL, BECAUSE OF ITS NATURE
OR DURATION, CONFLICT WITH HIS RESPONSIBILITIES UNDER THIS TITLE;
"(3) ACCEPT PAYMENT UNDER ANY INSURANCE OR ASSISTANCE PROGRAM
ESTABLISHED UNDER SUBCHAPTER XVIII, OR XIX OF CHAPTER 7 OF TITLE 42, OR
UNDER CHAPTER 55 OF TITLE 10 FOR PROFESSIONAL SERVICES RENDERED BY HIM
WHILE CARRYING OUT HIS RESPONSIBILITIES UNDER THIS TITLE; //42 USC
1395, 1396. 10 USC 1071.//
"(4) ACCEPT FROM ANY SOURCE, WITH RESPECT TO ANY TRAVEL PERFORMED BY
HIM IN THE COURSE OF CARRYING OUT HIS RESPONSIBILITIES UNDER THIS TITLE,
ANY PAYMENT OR PER DIEM FOR SUCH TRAVEL, OTHER THAN AS PROVIDED FOR IN
SECTION 4111 OF TITLE 5; //80 STAT. 437.//
"(5) REQUEST OR PERMIT ANY INDIVIDUAL OR ORGANIZATION TO PAY, ON HIS
BEHALF, FOR INSURANCE INSURING HIM AGAINST MALPRACTICE CLAIMS ARISING IN
THE COURSE OF CARRYING OUT HIS RESPONSIBILITIES UNDER THIS TITLE OR FOR
HIS DUES OR SIMILAR FEES FOR MEMBERSHIP IN MEDICAL OR DENTAL SOCIETIES
OR RELATED PROFESSIONAL ASSOCIATIONS, EXCEPT WHERE SUCH PAYMENTS
CONSTITUTE A PART OF HIS REMUNERATION FOR THE PERFORMANCE OF
PROFESSIONAL RESPONSIBILITIES PERMITTED UNDER THIS SECTION, OTHER THAN
THOSE CARRIED OUT UNDER THIS TITLE; AND
"(6) PERFORM, IN THE COURSE OF CARRYING OUT HIS RESPONSIBILITIES
UNDER THIS TITLE, PROFESSIONAL SERVICES FOR THE PURPOSE OF GENERATING
MONEY FOR ANY FUND OR ACCOUNT WHICH IS MAINTAINED BY AN AFFILIATED
INSTITUTION FOR THE BENEFIT OF SUCH INSTITUTION, OR FOR HIS PERSONAL
BENEFIT, OR BOTH, AND IN THE CASE OF ANY SUCH FUND OR ACCOUNT
ESTABLISHED BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION--
"(A) THE AFFILIATED INSTITUTION SHALL SUBMIT SEMIANNUALLY AN
ACCOUNTING TO THE ADMINISTRATOR AND TO THE COMPTROLLER GENERAL OF
THE UNITED STATES WITH RESPECT TO SUCH FUND OR ACCOUNT, AND
THEREAFTER SHALL MAINTAIN SUCH FUND OR ACCOUNT SUBJECT TO FULL
PUBLIC DISCLOSURE AND AUDIT BY THE ADMINISTRATOR AND THE
COMPTROLLER GENERAL FOR A PERIOD OF THREE YEARS OR FOR SUCH LONGER
PERIOD AS THE ADMINISTRATOR SHALL PRESCRIBE, AND
"(B) NO PHYSICIAN, DENTIST, OR NURSE MAY RECEIVE, AFTER THE
EFFECTIVE DATE OF THIS SUBSECTION, ANY CASH FROM AMOUNTS DEPOSITED
IN SUCH FUND OR ACCOUNT DERIVED FROM SERVICES PERFORMED PRIOR TO
THE EFFECTIVE DATE OF THIS SUBSECTION.
"(B) AS USED IN THIS SECTION, THE TERM 'AFFILIATED INSTITUTION' MEANS
ANY MEDICAL SCHOOL OR OTHER INSTITUTION OF HIGHER LEARING WITH WHICH THE
ADMINISTRATOR HAS A CONTRACT OR AGREEMENT PURSUANT TO SECTION 4112(B) OF
THIS TITLE FOR THE TRAINING OR EDUCATION OF HEALTH MANPOWER.
"(C) AS USED IN THIS SECTION, THE TERM 'REMUNERATION' MEANS THE
RECEIPT OF ANY AMOUNT OF MONETARY BENEFIT FROM ANY NON-VETERANS'
ADMINISTRATION SOURCE IN PAYMENT FOR CARRYING OUT ANY PROFESSIONAL
RESPONSIBILITIES.".
//87 STAT. 192// (B) THE TABLE OF SECTIONS AT THE BEGINNING OF
CHAPTER 73 OF SUCH TITLE IS AMENDED BY STRIKING OUT "4108.
ADMINISTRATION." AND INSERTING IN LIEU THEREOF "4108. PERSONNEL
ADMINISTRATION.".
SEC. 205.(A) SECTION 4109 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY STRIKING OUT "THE CIVIL SERVICE RETIREMENT ACT" AND INSERTING IN LIEU
THEREOF "CHAPTER 83 OF TITLE 5". //72 STAT. 1246.//
(B) SUBSECTION (B) OF SECTION 4112 OF SUCH TITLE 38, IS AMENDED BY
STRIKING OUT "SERVICE PERSONNEL" IN THE FIRST SENTENCE IMMEDIATELY AFTER
"HEALTH" AND BY INSERTING IN LIEU THEREOF "MANPOWER." //80 STAT.
1370.//
SEC. 206. SECTION 4114 OF TITLE 38, UNITED STATES CODE, IS AMENDED
AS FOLLOWS: //72 STAT. 1247; 76 STAT. 309.//
(1) BY STRIKING OUT THE WORDS "NINETY DAYS" IN THE LAST
SENTENCE OF PARAGRAPH (3)(A) OF SUBSECTION (A) AND INSERTING IN
LIEU THEREOF "ONE YEAR";
(2) BY INSERTING "(1)" IMMEDIATELY AFTER "(B)" AT THE BEGINNING
OF SUBSECTION (B) OF SUCH SECTION AND BY ADDING AT THE END OF SUCH
SUBSECTION THE FOLLOWING NEW PARAGRAPHS:
"(2) FOR THE PURPOSES OF THIS TITLE, THE TERM 'INTERN' SHALL INCLUDE
AN INTERNSHIP OR THE EQUIVALENCY THEREOF, AS DETERMINED IN ACCORDANCE
WITH REGULATIONS WHICH THE ADMINISTRATOR SHALL PRESCRIBE.
"(3) IN ORDER TO CARRY OUT MORE EFFICIENTLY THE PROVISIONS OF
PARAGRAPH (1) OF THIS SUBSECTION, THE ADMINISTRATOR MAY CONTRACT WITH
ONE OR MORE HOSPITALS, MEDICAL SCHOOLS, OR MEDICAL INSTALLATIONS HAVING
HOSPITAL FACILITIES AND PARTICIPATING WITH THE VETERANS' ADMINISTRATION
IN THE TRAINING OF INTERNS OR RESIDENTS TO PROVIDE FOR THE CENTRAL
ADMINISTRATION OF STIPEND PAYMENTS, PROVISION OF FRINGE BENEFITS, AND
MAINTENANCE OF RECORDS FOR SUCH INTERNS AND RESIDENTS BY THE DESIGNATION
OF ONE SUCH INSTITUTION TO SERVE AS A CENTRAL ADMINISTRATIVE AGENCY FOR
THIS PURPOSE. THE ADMINISTRATOR MAY PAY TO SUCH DESIGNATED AGENCY,
WITHOUT REGARD TO ANY OTHER LAW OR REGULATION GOVERNING THE EXPENDITURE
OF GOVERNMENT MONEYS EITHER IN ADVANCE OR IN ARREARS, AN AMOUNT TO COVER
THE COST FOR THE PERIOD SUCH INTERN OR RESIDENT SERVES IN A VETERANS'
ADMINISTRATION HOSPITAL OF (A) STIPENDS FIXED BY THE ADMINISTRATOR
PURSUANT TO PARAGRAPH (1) OF THIS SUBSECTION, (B) HOSPITALIZATION,
MEDICAL CARE, AND LIFE INSURANCE, AND ANY OTHER EMPLOYEE BENEFITS AS ARE
AGREED UPON BY THE PARTICIPATING INSTITUTIONS FOR THE PERIOD THAT SUCH
INTERN OR RESIDENT SERVES IN A VETERANS' ADMINISTRATION HOSPITAL, (C)
TAX ON EMPLOYERS PURSUANT TO CHAPTER 21 OF THE INTERNAL REVENUE CODE OF
1954, //26 USC 3101.// WHERE APPLICABLE, AND IN ADDITION, (D) AN AMOUNT
TO COVER A PRO RATA SHARE OF THE COST OF EXPENSE OF SUCH CENTRAL
ADMINISTRATIVE AGENCY. ANY AMOUNTS PAID BY THE ADMINISTRATOR TO SUCH
CENTRAL ADMINISTRATIVE AGENCY TO COVER THE COST OF HOSPITALIZATION,
MEDICAL CARE, OR LIFE INSURANCE OR OTHER EMPLOYEE BENEFITS SHALL BE IN
LIEU OF ANY BENEFITS OF LIKE NATURE TO WHICH SUCH INTERN OR RESIDENT MAY
BE ENTITLED UNDER THE PROVISIONS OF TITLE 5, AND THE ACCEPTANCE OF
STIPENDS AND EMPLOYEE BENEFITS FROM THE DESIGNATED CENTRAL
ADMINISTRATIVE AGENCY SHALL CONSTITUTE A WAIVER BY THE RECIPIENT OF ANY
CLAIM HE MIGHT HAVE TO ANY PAYMENT OF STIPENDS OR EMPLOYEE BENEFITS TO
WHICH HE MAY BE ENTITLED UNDER THIS TITLE OR TITLE 5. //5 USC 101 ET
SEQ.// NOTWITHSTANDING THE FOREGOING, ANY PERIOD OF SERVICE OF ANY SUCH
INTERN OR RESIDENT IN A VETERANS' ADMINISTRATION HOSPITAL SHALL BE
DEEMED CREDITABLE SERVICE FOR THE PURPOSES OF SECTION 8332 OF TITLE 5.
//80 STAT. 567.// THE AGREEMENT MAY FURTHER PROVIDE THAT THE DESIGNATED
CENTRAL ADMINISTRATIVE AGENCY SHALL MAKE ALL APPROPRIATE DEDUCTIONS FROM
THE STIPEND OF EACH INTERN AND RESIDENT FOR LOCAL, STATE, AND FEDERAL
TAXES, MAINTAIN ALL RECORDS PERTINENT THERETO AND MAKE PROPER DEPOSITS
THEREOF, //87 STAT. 193// AND SHALL MAINTAIN ALL RECORDS PERTINENT TO
THE LEAVE ACCRUED BY SUCH INTERN AND RESIDENT FOR THE PERIOD DURING
WHCIH HE SE VES IN A PARTICIPATING HOSPITAL, INCLUDING A VETERANS'
ADMINISTRATION HOSPITAL. SUCH LEAVE MAY BE POOLED, AND THE INTERN OR
RESIDENT MAY BE AFFORDED LEAVE BY THE HOSPITAL IN WHICH HE IS SERVING AT
THE TIME THE LEAVE IS TO BE USED TO THE EXTENT OF HIS TOTAL ACCUMULATED
LEAVE, WHETHER OR NOT EARNED AT THE HOSPITAL IN WHICH HE IS SERVING AT
THE TIME THE LEAVE IS TO BE AFFORDED."; AND
(3) BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(E) THE PROGRAM OF TRAINING PRESCRIBED BY THE ADMINISTRATOR IN ORDER
TO QUALIFY A PERSON FOR THE POSITION OF FULL-TIME PHYSICIAN'S ASSISTANT
OR DENTIST'S ASSISTANT SHALL BE CONSIDERED A FULL-TIME INSTITUTIONAL
PROGRAM FOR PURPOSES OF CHAPTER 34 OF THIS TITLE. THE ADMINISTRATOR MAY
CONSIDER TRAINING FOR SUCH A POSITION TO BE ON A LESS THAN FULL-TIME
BASIS FOR PURPOSES OF SUCH CHAPTER WHEN THE COMBINED CLASSROOM (AND
OTHER FORMAL INSTRUCTION) PORTION OF THE PROGRAM AND THE ON-THE-JOB
TRAINING PORTION OF THE PROGRAM TOTAL LESS THAN 30 HOURS PER WEEK.".
//80 STAT. 12; 81 STAT. 186. 38 USC 1651.//
SEC. 207. SECTION 4116 OF TITLE 38, UNITED STATES CODE, IS AMENDED--
(1) BY AMENDING SUBSECTION (A) TO READ AS FOLLOWS: "(A) THE
REMEDY-- //80 STAT. 307.//
"(1) AGAINST THE UNITED STATES PROVIDED BY SECTIONS 1346(B) AND
2672 OF TITLE 28, OR //62 STAT. 933. 80 STAT. 308.//
"(2) THROUGH PROCEEDINGS FOR COMPENSATION OR OTHER BENEFITS
FROM THE UNITED STATES AS PROVIDED BY ANY OTHER LAW, WHERE THE
AVAILABILITY OF SUCH BENEFITS PRECLUDES A REMEDY UNDER SECTION
1346(B) OR 2672 OF TITLE 28,
FOR DAMAGES FOR PERSONAL INJURY, INCLUDING DEATH, ALLEGEDLY ARISING FROM
MALPRACTICE OR NEGLIGENCE OF A PHYSICIAN, DENTIST, NURSE, PHYSICIANS'
ASSISTANT, DENTISTS' ASSISTANT, PHARMACIST, OR PARAMEDICAL (FOR EXAMPLE,
MEDICAL AND DENTAL TECHNICIANS, NURSING ASSISTANTS, AND THERAPISTS) OR
OTHER SUPPORTING PERSONNEL IN FURNISHING MEDICAL CARE OR TREATMENT WHILE
IN THE EXERCISE OF HIS DUTIES IN OR FOR THE DEPARTMENT OF MEDICINE AND
SURGERY SHALL HEREAFTER BE EXCLUSIVE OF ANY OTHER CIVIL ACTION OR
PROCEEDING BY REASON OF THE SAME SUBJECT MATTER AGAINST SUCH PHYSICIAN,
DENTIST, NURSE, PHYSICIANS' ASSISTANT, DENTISTS' ASSISTANT, PHARMACIST,
OR PARAMEDICAL OR OTHER SUPPORTING PERSONNEL (OR HIS ESTATE) WHOSE ACT
OR OMISSION GAVE RISE TO SUCH CLAIM.";
(2) BY STRIKING OUT THE LAST SENTENCE IN SUBSECTION (C) AND
INSERTING IN LIEU THEREOF THE FOLLOWING: //79 STAT. 1156.//
"AFTER REMOVAL THE UNITED STATES SHALL HAVE AVAILABLE ALL DEFENSES
TO WHICH IT WOULD HAVE BEEN ENTITLED IF THE ACTION HAD ORIGINALLY
BEEN COMMENCED AGAINST THE UNITED STATES. SHOULD A UNITED STATES
DISTRICT COURT DETERMINE ON A HEARING ON A MOTION TO REMAND HELD
BEFORE A TRIAL ON THE MERITS THAT THE EMPLOYEE WHOSE ACT OR
OMISSION GAVE RISE TO THE SUIT WAS NOT ACTING WITHIN THE SCOPE OF
HIS OFFICE OR EMPLOYMENT, THE CASE SHALL BE REMANDED TO THE STATE
COURT."; AND
(3) BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(E) THE ADMINISTRATOR MAY, TO THE EXTENT HE DEEMS APPROPRIATE, HOLD
HARMLESS OR PROVIDE LIABILITY INSURANCE FOR ANY PERSON TO WHOM THE
IMMUNITY PROVISIONS OF THIS SECTION APPLY (AS DESCRIBED IN SUBSECTION
(A) OF THIS SECTION), FOR DAMAGE FOR PERSONAL INJURY OR DEATH, OR FOR
PROPERTY DAMAGE, NEGLIGENTLY CAUSED BY SUCH PERSON WHILE FURNISHING
MEDICAL CARE OR TREATMENT (INCLUDING THE CONDUCT OF CLINICAL STUDIES OR
INVESTIGATIONS) IN THE EXERCISE OF HIS DUTIES IN OR FOR THE DEPARTMENT
OF MEDICINE AND SURGERY, IF SUCH PERSON IS ASSIGNED TO A FOREIGN
COUNTRY, DETAILED TO STATE OR POLITICAL DIVISION THEREOF, OR IS ACTING
UNDER ANY OTHER CIRCUMSTANCES WHICH WOULD PRECLUDE THE REMEDIES OF AN
INJURED THIRD PERSON AGAINST THE UNITED STATES, //87 STAT. 194//
PROVIDED BY SECTIONS 1346(B) AND 2672 OF TITLE 28, FOR SUCH DAMAGE OR
INJURY.". //62 STAT. 633. 80 STAT. 308.//
SEC. 208. SECTION 4117 OF TITLE 38, UNITED STATES CODE, IS AMENDED
TO READ AS FOLLOWS:
"THE ADMINISTRATOR MAY ENTER INTO CONTRACTS WITH MEDICAL SCHOOLS,
CLINICS, AND ANY OTHER GROUP OR INDIVIDUAL CAPABLE OF FURNISHING SUCH
SERVICES TO PROVIDE SCARCE MEDICAL SPECIALIST SERVICES AT VETERANS'
ADMINISTRATION FACILITIES (INCLUDING, BUT NOT LIMITED TO, SERVICES OF
PHYSICIANS, DENTISTS, NURSES, PHYSICIANS' ASSISTANTS, DENTISTS'
ASSISTANTS, TECHNICIANS, AND OTHER MEDICAL SUPPORT PERSONNEL).". //80
STAT. 1372.//
AND SUPPLY
SEC. 301.(A) SUBSECTION (A) OF SECTION 5001 OF TITLE 38, UNITED
STATES CODE, IS AMENDED BY-- //72 STAT. 1251; 79 STAT. 1157.//
"(1) STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (2) AND
INSERTING IN LIEU THEREOF A COMMA AND THE FOLLOWING: "AND THE
ADMINISTRATOR SHALL STAFF AND MAINTAIN, IN SUCH A MANNER AS TO
INSURE THE IMMEDIATE ACCEPTANCE AND TIMELY AND COMPLETE CARE OF
PATIENTS, SUFFICIENT BEDS AND OTHER TREATMENT CAPACITIES TO
ACCOMMODATE, AND PROVIDE SUCH CARE TO, ELIGIBLE VETERANS APPLYING
FOR ADMISSION AND FOUND TO BE IN NEED OF HOSPITAL CARE OR MEDICAL
SERVICES. THE ADMINISTRATOR SHALL MAINTAIN THE BED AND TREATMENT
CAPACITIES OF ALL VETERANS' ADMINISTRATION MEDICAL FACILITIES SO
AS TO INSURE THE ACCESSIBILITY AND AVAILABILITY OF SUCH BEDS AND
TREATMENT CAPACITIES TO ELIGIBLE VETERANS IN ALL STATES AND TO
MINIMIZE DELAYS IN ADMISSIONS AND IN THE PROVISION OF SUCH CARE
AND OF SERVICES PURSUANT TO SECTION 612 OF THIS TITLE. THE CHIEF
MEDICAL DIRECTOR SHALL PERIODICALLY ANALYZE AGENCYWIDE ADMISSION
POLICIES AND THE RECORDS OF THOSE ELIGIBLE VETERANS WHO APPLY FOR
HOSPITAL CARE AND MEDICAL SERVICES BUT ARE REJECTED OR NOT
IMMEDIATELY ADMITTED OR PROVIDED SUCH CARE OR SERVICES, AND THE
ADMINISTRATOR SHALL ANNUALLY ADVISE THE HOUSE AND SENATE
COMMITTEES ON VETERANS' AFFAIRS OF THE RESULTS OF SUCH ANALYSIS
AND THE NUMBER OF ANY ADDITIONAL BEDS AND TREATMENT CAPACITIES AND
THE APPROPRIATE STAFFING AND FUNDS THEREFOR FOUND NECESSARY TO
MEET THE NEEDS OF SUCH VETERANS FOR SUCH NECESSARY CARE AND
SERVICES."; AND
(2) STRIKING OUT IN THE FIRST SENTENCE OF PARAGRAPH (3) "IS
AUTHORIZED TO" AND INSERTING IN LIEU THEREOF "SHALL", AND BY
STRIKING OUT "FOUR THOUSAND BEDS" AND INSERTING IN LIEU THEREOF
"EIGHT THOUSAND BEDS IN THE FISCAL YEAR ENDING JUNE 30, 1974, AND
IN EACH FISCAL YEAR THEREAFTER".
(B) SUBSECTION (B) OF SECTION 5001 OF SUCH TITLE IS AMENDED TO READ
AS FOLLOWS:
"(B) HOSPITALS, DOMICILIARIES, AND OTHER MEDICAL FACILITIES PROVIDED
BY THE ADMINISTRATOR (INCLUDING NURSING HOME FACILITIES FOR WHICH THE
ADMINISTRATOR CONTRACTS UNDER SECTION 620 OF THIS TITLE) SHALL BE OF
FIRE, //78 STAT. 500.// EARTHQUAKE, AND OTHER NATURAL DISASTER RESISTANT
CONSTRUCTION IN ACCORDANCE WITH STANDARDS WHICH THE ADMINISTRATOR SHALL
PRESCRIBE ON A STATE OR REGIONAL BASIS AFTER SURVEYING APPROPRIATE STATE
AND LOCAL LAWS, ORDINANCES, AND BUILDING CODES AND CLIMATIC AND SEISMIC
CONDITIONS PERTINENT TO EACH SUCH FACILITY. WHEN AN EXISTING PLANT IS
PURCHASED, IT SHALL BE REMODELED TO COMPLY WITH THE REQUIREMENTS STATED
IN THE FIRST SENTENCE OF THIS SUBSECTION. //87 STAT. 195// IN ORDER TO
CARRY OUT THIS SUBSECTION, THE ADMINISTRATOR SHALL APPOINT AN ADVISORY
COMMITTEE ON STRUCTURAL SAFETY OF VETERANS' ADMINISTRATION FACILITIES,
ON WHICH SHALL SERVE AT LEAST ONE ARCHITECT AND ONE STRUCTURAL ENGINEER
EXPERT IN FIRE, EARTHQUAKE, AND OTHER NATURAL DISASTER RESISTANCE WHO
SHALL NOT BE EMPLOYEES OF THE FEDERAL GOVERNMENT, TO ADVISE HIM ON ALL
MATTERS OF STRUCTURAL SAFETY IN THE CONSTRUCTION AND REMODELING OF
VETERANS' ADMINISTRATION FACILITIES IN ACCORDANCE WITH THE REQUIREMENT
OF THIS SUBSECTION, AND WHICH SHALL APPROVE REGULATIONS PRESCRIBED
THEREUNDER. THE ASSOCIATE DEPUTY ADMINISTRATOR, THE CHIEF MEDICAL
DIRECTOR, OR HIS DESIGNEE, AND THE VETERANS' ADMINISTRATION OFFICIAL
CHARGED WITH THE RESPONSIBILITY FOR CONSTRUCTION SHALL BE EX OFFICIO
MEMBERS OF SUCH COMMITTEE.".
(C) SECTION 5001 OF SUCH TITLE IS FURTHER AMENDED BY ADDING THE
FOLLOWING NEW SUBSECTION: //72 STAT. 1251; 79 STAT. 1157. 38 USC
5001.//
"(G) THE ADMINISTRATOR MAY MAKE CONTRIBUTIONS TO LOCAL AUTHORITIES
TOWARD, OR FOR, THE CONSTRUCTION OF TRAFFIC CONTROLS, ROAD IMPROVEMENTS,
OR OTHER DEVICES ADJACENT TO VETERANS' ADMINISTRATION MEDICAL FACILITIES
WHEN DEEMED NECESSARY FOR SAFE INGRESS OR EGRESS.".
SEC. 302. CHAPTER 81 OF TITLE 38, UNITED STATES CODE, IS AMENDED--
//72 STAT. 1251; 80 STAT. 1373.//
(1) BY ADDING AT THE END OF SUBCHAPTER 1 THE FOLLOWING NEW
SECTION:
" ^ 5007. PARTIAL RELINQUISHMENT OF LEGISLATIVE JURISDICTION
"THE ADMINISTRATOR, ON BEHALF OF THE UNITED STATES, MAY RELINQUISH TO
THE STATE IN WHICH ANY LANDS OR INTERESTS THEREIN UNDER HIS SUPERVISION
OR CONTROL ARE SITUATED, SUCH MEASURE OF LEGISLATIVE JURISDICTION OVER
SUCH LANDS OR INTERESTS AS IS NECESSARY TO ESTABLISH CONCURRENT
JURISDICTION BETWEEN THE FEDERAL GOVERNMENT AND THE STATE CONCERNED.
SUCH PARTIAL RELINQUISHMENT OF LEGISLATIVE JURISDICTION SHALL BE
INITIATED BY FILING A NOTICE THEREOF WITH THE GOVERNOR OF THE STATE
CONCERNED, OR IN SUCH OTHER MANNER AS MAY BE PRESCRIBED BY THE LAWS OF
SUCH STATE, AND SHALL TAKE EFFECT UPON ACCEPTANCE BY SUCH STATE.";
(2) BY INSERTING IMMEDIATELY AFTER THE FIRST SENTENCE IN
SUBSECTION (A) OF SECTION 5012 THEREOF THE FOLLOWING: "ANY LEASE
MADE PURSUANT TO THIS SUBSECTION TO ANY PUBLIC OR NONPROFIT
ORGANIZATION MAY BE MADE WITHOUT REGARD TO THE PROVISIONS OF
SECTION 3709 OF THE REVISED STATUTES (41 U.S.C. 5).
NOTWITHSTANDING SECTION 321 OF THE ACT ENTITLED 'AN ACT MAKING
APPROPRIATIONS FOR THE LEGISLATIVE BRANCH OF THE GOVERNMENT FOR
THE FISCAL YEAR ENDING JUNE 30, 1933, AND FOR OTHER PURPOSES,'
APPROVED JUNE 30, 1932 (40 U.S.C. 303B), //47 STAT. 412.// OR ANY
OTHER PROVISION OF LAW, A LEASE MADE PURSUANT TO THIS SUBSECTION
TO ANY PUBLIC OR NONPROFIT ORGANIZATION MAY PROVIDE FOR THE
MAINTENANCE, PROTECTION, OR RESTORATION, BY THE LESSEE, OF THE
PROPERTY LEASED, AS A PART OR ALL OF THE CONSIDERATION FOR THE
LEASE. PRIOR TO THE EXECUTION OF ANY SUCH LEASE, THE
ADMINISTRATOR SHALL GIVE APPROPRIATE PUBLIC NOTICE OF HIS
INTENTION TO DO SO IN THE NEWSPAPER OF THE COMMUNITY IN WHICH THE
LANDS OR BUILDINGS TO BE LEASED ARE LOCATED."; AND
(3) BY INSERTING IN THE TABLE OF SECTIONS AT THE BEGINNING OF
SUCH CHAPTER
"5007. PARTIAL RELINQUISHMENT OF LEGISLATIVE JURISDICTION."
IMMEDIATELY AFTER
"5006. PROPERTY FORMERLY OWNED BY THE NATIONAL HOME FOR DISABLED
VOLUNTEER SOLDIERS.".
SEC. 303. SECTION 5053(A) OF TITLE 38, //80 STAT. 1374.// UNITED
STATES CODE, IS AMENDED BY STRIKING OUT "OR MEDICAL SCHOOLS" AT THE
BEGINNING OF THE MATERIAL CONTAINED IN PARENTHESES, AND BY INSERTING
IMMEDIATELY AFTER THE CLOSE PARENTHESIS THE WORDS "OR MEDICAL SCHOOLS OR
CLINICS". //87 STAT. 195// //87 STAT. 196//
SEC. 401. SECTION 230(B) OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY STRIKING OUT "JULY 3, 1974" AND INSERTING IN LIEU THEREOF "JUNE 30,
1978". //84 STAT. 437.//
SEC. 402.(A) SECTION 234 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY INSERTING IMMEDIATELY AFTER THE WORDS "TELEPHONES FOR" THE FOLLOWING:
"NONMEDICAL DIRECTORS OF CENTERS, HOSPITALS, INDEPENDENT CLINICS,
DOMICILIARIES, AND". //72 STAT. 1117.//
(B) THE TABLE OF SECTIONS AT THE BEGINNING OF CHAPTER 3 OF SUCH TITLE
IS AMENDED BY STRIKING OUT "234. TELEPHONE SERVICE FOR MEDICAL
OFFICERS." AND INSERTING IN LIEU THEREOF "234. TELEPHONE SERVICE FOR
MEDICAL OFFICERS AND FACILITY DIRECTORS.".
(C) THE CATCHLINE AT THE BEGINNING OF SECTION 234 OF SUCH TITLE IS
AMENDED BY INSERTING IMMEDIATELY AFTER THE WORD "OFFICERS" THE WORDS
"AND FACILITY DIRECTORS".
SEC. 403.(A) SECTION 641 OF TITLE 38, UNITED STATES CODE, IS AMENDED
BY-- //83 STAT. 836.//
(1) STRIKING OUT IN CLAUSE (1) "$3.50" AND INSERTING IN LIEU
THEREOF "$4.50";
(2) STRIKING OUT IN CLAUSE (2) "$5" AND INSERTING IN LIEU
THEREOF "$6";
(3) STRIKING OUT IN CLAUSE (3) "$7.50" AND INSERTING IN LIEU
THEREOF "$10"; AND
(4) INSERTING IMMEDIATELY AFTER THE WORDS "VETERAN OF ANY WAR"
THE FOLLOWING: "OR OF SERVICE AFTER JANUARY 31, 1955".
(B) SECTION 644(B) OF SUCH TITLE IS AMENDED BY STRIKING OUT "50 PER
CENTUM" AND INSERTING IN LIEU THEREOF "65 PER CENTUM". //38 USC 644.//
(C) SECTION 5033(A) OF TITLE 38, UNITED STATES CODE, IS AMENDED BY
STRIKING OUT "NINE" AND INSERTING IN LIEU THEREOF "FOURTEEN". //82
STAT. 448.//
(D) PARAGRAPH (1) OF SECTION 5034 OF TITLE 38, UNITED STATES CODE, IS
AMENDED BY STRIKING OUT "ONE AND ONE-HALF BEDS" AND INSERTING IN LIEU
THEREOF "TWO AND ONE-HALF BEDS." //79 STAT. 1157.//
(E) SUBSECTIONS (A)(1), (B)(2), AND (D) OF SECTION 5035 OF SUCH TITLE
ARE AMENDED BY STRIKING OUT "50 PER CENTUM" WHEREVER IT APPEARS THEREIN
AND INSERTING IN LIEU THEREOF "65 PER CENTUM". //78 STAT. 502.// //38
STAT. 5035.//
(F) SECTION 5036 OF SUCH TITLE IS AMENDED BY STRIKING OUT "50 PER
CENTUM" AND INSERTING IN LIEU THEREOF "65 PER CENTUM". //38 STAT.
5036.// //87 STAT. 196//
SEC. 501. THE PROVISIONS OF THIS ACT SHALL BECOME EFFECTIVE THE
FIRST DAY OF THE FIRST CALENDAR MONTH FOLLOWING THE DATE OF ENACTMENT,
EXCEPT THAT SECTIONS 105 AND 106 SHALL BE EFFECTIVE ON JANUARY 1, 1971;
//ANTE, P. 183.// SECTION 107 SHALL BE EFFECTIVE JULY 1, 1973; //ANTE,
P. 184.// AND SECTION 203 SHALL BECOME EFFECTIVE BEGINNING THE FIRST PAY
PERIOD FOLLOWING THIRTY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT.
//ANTE, P. 188.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 368 ACCOMPANYING H. R. 9048 (COMM ON
VETERANS' AFFAIRS).
SENATE REPORT NO. 93 - 54 (COMM. ON VETERANS' AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 6, CONSIDERED AND PASSED SENATE. JULY 17, CONSIDERED AND
PASSED HOUSE, AMENDED,
IN LIEU OF H. R. 8048. JULY 19, SENATE AGREED TO HOUSE
AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9, NO. 31:
AUG. 2, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-81, 87 STAT. 178
TO AMEND CERTAIN PROVISIONS OF THE LAND AND WATER CONSERVATION
FUND ACT OF 1965 RELATING TO THE COLLECTION OF FEES IN CONNECTION
WITH THE USE OF FEDERAL AREAS FOR OUTDOOR RECREATION PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FIRST PARAGRAPH
OF SECTION 4(B) OF THE LAND AND WATER CONSERVATION FUND ACT OF 1965, AS
AMENDED (78 STAT. 897; 16 U.S.C. 4601-5), IS AMENDED TO READ AS
FOLLOWS: //86 STAT. 459. 16 USC 4601-6A.//
"(B) SPECIAL RECREATION USE FEES.--EACH FEDERAL AGENCY DEVELOPING,
ADMINISTERING, OR PROVIDING SPECIALIZED SITES, FACILITIES, EQUIPMENT, OR
SERVICES RELATED TO OUTDOOR RECREATION SHALL PROVIDE FOR THE COLLECTION
OF SPECIAL RECREATION USE FEES FOR THE USE OF SITES, FACILITIES,
EQUIPMENT, OR SERVICES FURNISHED AT FEDERAL EXPENSE: PROVIDED, THAT IN
NO EVENT SHALL THERE BE A CHARGE FOR THE DAY USE OR RECREATIONAL USE OF
THOSE FACILITIES OR COMBINATION OF THOSE FACILITIES OR AREAS WHICH
VIRTUALLY ALL VISITORS MIGHT REASONABLY BE EXPECTED TO UTILIZE, SUCH AS,
BUT NOT LIMITED TO, PICNIC AREAS, BOAT RAMPS WHERE NO MECHANICAL OR
HYDRAULIC EQUIPMENT IS PROVIDED, DRINKING WATER, WAYSIDE EXHIBITS,
ROADS, TRAILS, OVERLOOK SITES, VISITORS' CENTERS, SCENIC DRIVES, AND
TOILET FACILITIES. NO FEE MAY BE CHARGED FOR ACCESS TO OR USE OF ANY
CAMPGROUND NOT HAVING THE FOLLOWING--FLUSH RESTROOMS, SHOWERS REASONABLY
AVAILABLE, ACCESS AND AND CIRCULATORY ROADS, SANITARY DISPOSAL STATIONS
REASONABLY AVAILABLE, VISITOR PROTECTION CONTROL, DESIGNATED TENT OR
TRAILER SPACES, REFUSE CONTAINERS AND POTABLE WATER.". //87 STAT. 179//
SEC. 2. SECTION 4(A) (2) OF THE LAND AND WATER CONSERVATION FUND ACT
OF 1965, AS AMENDED (78 STAT. 879; 16 U.S.C. 4601-5), IS AMENDED TO
READ AS FOLLOWS:
"REASONABLE ADMISSION FEES FOR A SINGLE VISIT AT ANY DESIGNATED AREA
SHALL BE ESTABLISHED BY THE ADMINISTERING SECRETARY FOR PERSONS WHO
CHOOSE NOT TO PURCHASE THE ANNUAL PERMIT OR WHO ENTER SUCH AN AREA BY
MEANS OTHER THAN BY PRIVATE, NONCOMMERCIAL VEHICLE. A 'SINGLE VISIT'
MEANS THAT LENGTH OF TIME A VISITOR REMAINS WITHIN THE EXTERIOR BOUNDARY
OF A DESIGNATED FEE AREA BEGINNING FROM THE DAY HE FIRST ENTERS THE AREA
UNTIL HE LEAVES, EXCEPT THAT ON THE SAME DAY SUCH ADMISSION FEE IS PAID,
THE VISITOR MAY LEAVE AND REENTER WITHOUT THE PAYMENT OF AN ADDITIONAL
ADMISSION FEE TO THE SAME AREA."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 212 (COMM. ON PUBLIC WORKS).
SENATE REPORTS: NO. 93 - 250 (COMM. ON PUBLIC WORKS) AND NO. 93 -
312
(COMM. ON INTERIOR AND INSULAR AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 22, CONSIDERED AND PASSED HOUSE. JULY 17, CONSIDERED AND
PASSED SENATE, AMENDED. JULY 19, HOUSE CONCURRED IN SENATE
AMENDMENTS.
PUBLIC LAW 93-80, 87 STAT. 178
TO PROVIDE FOR EMERGENCY ALLOTMENT LEASE AND TRANSFER OF TOBACCO
ALLOTMENTS OR QUOTAS FOR 1973 IN CERTAIN DISASTER AREAS IN GEORGIA
AND SOUTH CAROLINA.
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, AS AMENDED, IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW SUBSECTION (G): "(G) NOTWITHSTANDING
ANY PROVISION OF THIS SECTION, WHEN AS A RESULT OF FLOOD, HAIL, WIND,
TORNADO, OR OTHER NATURAL DISASTER THE SECRETARY DETERMINES (1) THAT ONE
OF THE COUNTIES HEREINAFTER LISTED HAS SUFFERED A LOSS OF 10 PER CENTUM
OR MORE IN THE NUMBER OF ACRES OF TOBACCO PLANTED 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 ATKINSON, BACON,
BERRIEN, CLINCH, COOK, LANIER, LOWNDES, OR WARE COUNTIES, GEORGIA, OR
CLARENDON, LEE, SUMTER, OR WILLIAMSBURG COUNTIES, SOUTH CAROLINA, WHICH
HAS SUFFERED A LOSS OF 30 PER CENTUM OR MORE IN THE NUMBER OF ACRES OF
TOBACCO PLANTED OF SUCH CROP TO LEASE ALL OR ANY PART OF SUCH ALLOTMENT
OR QUOTA TO ANY OTHER OWNERS OR OPERATORS IN THE SAME COUNTY, OR NEARBY
COUNTIES WITHIN THE SAME STATE, FOR USE IN SUCH COUNTIES FOR THE YEAR
1973 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 IS 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 THIS
SUBSECTION.". //75 STAT. 469; 86 STAT. 215. 7 USC 1314B.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 336 (COMM. ON AGRICULTURE
AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JULY 16, CONSIDERED AND PASSED HOUSE. JULY 20, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-79, 87 STAT. 177
TO SUSPEND THE DUTY ON CAPROLACTAM MONOMER IN WATER SOLUTION UNTIL
THE CLOSE OF DECEMBER 31, 1973.
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 OF THE TARIFF SCHEDULES OF THE UNITED STATES (19 U.S.
C. 1202) IS AMENDED BY INSERTING IMMEDIATELY AFTER ITEM 905.31 THE
FOLLOWING NEW ITEM: //77A STAT. 432; 86 STAT. 1296.// TABLE OMITTED
SEC. 2. (A) THE AMENDMENT MADE BY THE FIRST SECTION OF THIS ACT
SHALL APPLY WITH RESPECT TO ARTICLES ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER THE DATE OF THE ENACTMENT OF THIS
ACT.
(B) UPON REQUEST THEREFOR FILED WITH THE CUSTOMS OFFICER CONCERNED ON
OR BEFORE THE NINETIETH DAY AFTER THE DATE OF THE ENACTMENT OF THIS ACT,
THE ENTRY OR WITHDRAWAL OF ANY ARTICLE--
(1) WHICH WAS MADE AFTER DECEMBER 31, 1972 AND BEFORE THE DATE
OF THE ENACTMENT OF THIS ACT, AND
(2) WITH RESPECT TO WHICH THERE WOULD HAVE BEEN NO DUTY IF THE
AMENDMENT MADE BY THE FIRST SECTION OF THIS ACT APPLIED TO SUCH
ENTRY OR WITHDRAWAL,
SHALL, NOTWITHSTANDING THE PROVISIONS OF SECTION 514 OF THE TARIFF ACT
OF 1930 OR ANY OTHER PROVISION OF LAW, BE LIQUIDATED OR RELIQUIDATED AS
THOUGH SUCH ENTRY OR WITHDRAWAL HAD BEEN MADE ON THE DATE OF THE
ENACTMENT OF THIS ACT. //84 STAT. 284. 19 USC 1514.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 310 (COMM. ON WAYS AND MEANS).
SENATE REPORT NO. 93 - 315 (COMM. ON FINANCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 27, CONSIDERED AND PASSED HOUSE. JULY 16, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-78, 87 STAT. 177
TO CONTINUE UNTIL THE CLOSE OF JUNE 30, 1975, THE EXISTING
SUSPENSION OF DUTIES FOR METAL SCRAP.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) ITEM 911.12
(RELATING TO ARTICLES OTHER THAN COPPER WASTE AND SCRAP AND ARTICLES OF
COPPER) OF THE TARIFF SCHEDULES OF THE UNITED STATES (19 U.S.C. 1202) IS
AMENDED BY STRIKING OUT "6/30/73" AND INSERTING IN LIEU THEREOF "6/
30/75". //85 STAT. 100.//
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL APPLY WITH RESPECT TO
ARTICLES ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AFTER
JUNE 30, 1973.
LESIGLATIVE HISTORY:
HOUSE REPORT NO. 93 - 308 (COMM. ON WAYS AND MEANS).
SENATE REPORT NO. 93 - 314 (COMM. ON FINANCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 27, CONSIDERED AND PASSED HOUSE. JULY 16, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-77, 87 STAT. 176
TO CONTINUE UNTIL THE CLOSE OF JUNE 30, 1974, THE SUSPENSION OF
DUTIES ON CERTAIN FORMS OF COPPER.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) ITEMS 911.10
(RELATING TO COPPER WASTE AND SCRAP), 911.11 (RELATING TO ARTICLES OF
COPPER), 911.13 (RELATING TO COPPER BEARING ORES AND MATERIALS), 911.14
(RELATING TO CEMENT COPPER AND COPPER PRECIPITATES), 911.15 (RELATING TO
BLACK COPPER, BLISTER COPPER, AND ANODE COPPER), AND 911.16 (RELATING TO
OTHER UNWROUGHT COPPER) OF THE TARIFF SCHEDULES OF THE UNITED STATES (19
U.S.C. 1202) ARE EACH AMENDED BY STRIKING OUT "6/30/ 72" AND INSERTING
IN LIEU THEREOF "6/30/74". //84 STAT. 367.//
(B) HEADNOTE 3 OF SUBPART B OF PART 1 OF THE APPENDIX TO SUCH
SCHEDULES IS AMENDED BY STRIKING OUT "36" EACH PLACE IT APPEARS THEREIN
AND INSERTING IN LIEU THEREOF "51". //82 STAT. 1211.//
SEC. 2. THE AMENDMENTS MADE BY THE FIRST SECTION OF THIS ACT SHALL
APPLY WITH RESPECT TO ARTICLES ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER JULY 1, 1973.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 307 (COMM. ON WAYS AND MEANS).
SENATE REPORT NO. 93 - 313 (COMM. ON FINANCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 27, CONSIDERED AND PASSED HOUSE. JULY 16, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-76, 87 STAT. 176
TO INCREASE THE AUTHORIZATION FOR FISCAL YEAR 1974 FOR THE
COMMITTEE FOR PURCHASE OF PRODUCTS AND SERVICES OF THE BLIND AND
OTHER SEVERELY HANDICAPPED.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ACT OF JUNE 25,
1938 (52 STAT. 1196), AS AMENDED BY PUBLIC LAW 92 - 28, DATED JUNE 23,
1971 (85 STAT. 77), IS HEREBY AMENDED AS FOLLOWS: //41 USC 46.//
BY STRIKING OUT IN SECTION 6 THE WORDS "AND THE NEXT TWO SUCCEEDING
FISCAL YEARS" AND INSERTING IN LIEU THEREOF "AND THE NEXT SUCCEEDING
FISCAL YEAR" AND $240,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974."
//41 USC 48C.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 304 ACCOMPANYING H. R. 7423
(COMM. ON GOVERNMENT OPERATIONS).
SENATE REPORT NO. 93 - 201 (COMM. ON LABOR AND PUBLIC
WELFARE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 15, CONSIDERED AND PASSED SENATE. JULY 17, CONSIDERED AND
PASSED HOUSE, IN LIEU OF
OF H. R. 7423.
PUBLIC LAW 93-75, 87 STAT. 176
TO AMEND TITLE 38 OF THE UNITED STATES CODE RELATING TO BASIC
PROVISIONS OF THE LOAN GUARANTY PROGRAM FOR VETERANS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 1803 (C)
(1) OF TITLE 38, //72 STAT. 1205; 80 STAT. 26.// UNITED STATES CODE, IS
AMENDED BY STRIKING OUT THE SEMICOLON AND ALL THAT FOLLOWS THEREAFTER
AND INSERTING IN LIEU THEREOF THE FOLLOWING: ",EXCEPT THAT IN
ESTABLISHING THE RATE OF INTEREST THAT SHALL BE APPLICABLE TO SUCH
LOANS, THE ADMINISTRATOR SHALL CONSULT WITH THE SECRETARY OF HOUSING AND
URBAN DEVELOPMENT REGARDING THE RATE OF INTEREST THE SECRETARY CONSIDERS
NECESSARY TO MEET THE MORTGAGE MARKET FOR HOME LOANS INSURED UNDER
SECTION 203(B) OF THE NATIONAL HOUSING ACT, //12 USC 1709.// AND, TO THE
MAXIMUM EXTENT PRACTICABLE, CARRY OUT A COORDINATED POLICY ON INTEREST
RATES ON LOANS INSURED UNDER SUCH SECTION 203(B) AND ON LOANS GUARANTEED
OR INSURED UNDER THIS CHAPTER."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 348 (COMM. ON VETERANS' AFFAIRS).
SENATE REPORT NO. 93 - 317 ACCOMPANYING S. 2087 (COMM. ON VETERANS'
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JULY 17, CONSIDERED AND PASSED HOUSE. JULY 18, CONSIDERED AND
PASSED SENATE, AMENDED, IN
LIEU OF S. 2087. JULY 19, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-74, 87 STAT. 171, NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION AUTHORIZATION ACT OF 1974.
TO AUTHORIZE APPROPRIATIONS TO THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION FOR RESEARCH AND DEVELOPMENT, CONSTRUCTION OF
FACILITIES, AND RESEARCH AND PROGRAM MANAGEMENT, AND FOR OTHER
PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THERE IS HEREBY
AUTHORIZED TO BE APPROPRIATED TO THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION:
(A) FOR "RESEARCH AND DEVELOPMENT," FOR THE FOLLOWING PROGRAMS:
(1) SPACE FLIGHT OPERATIONS, $555,500,000; (2) SPACE SHUTTLE,
$475,000,000; (3) ADVANCED MISSIONS, $1,500,000; (4) PHYSICS AND
ASTRONOMY, $63,600,000; (5) LUNAR AND PLANETARY EXPLORATION,
$311,000,000; (6) LAUNCH VEHICLE PROCUREMENT, $177,400,000; (7)
SPACE APPLICATIONS, $161,000,000; (8) AERONAUTICAL RESEARCH AND
TECHNOLOGY,
$180,000,000; OF THIS AMOUNT $14,000,000 IS RESERVED FOR THE JT-3D
REFAN RETROFIT RESEARCH PROGRAM;
(9) SPACE AND NUCLEAR RESEARCH AND TECHNOLOGY,
$72,000,000;
(10) TRACKING AND DATA ACQUISITION, $244,000,000; (11) TECHNOLOGY
UTILIZATION, $4,500,000.
(B) FOR "CONSTRUCTION OF FACILITIES," INCLUDING LAND ACQUISITION, AS
FOLLOWS:
(1) REPLACEMENT OF TRANSPORTATION FACILITY, GODDARD
SPACE FLIGHT CENTER, $660,000;
(2) REHABILITATION OF VIBRATION LABORATORY,
GODDARD SPACE FLIGHT CENTER, $710,000;
(3) MODIFICATIONS OF AND ADDITION TO 25-FOOT SPACE
SIMULATOR BUILDING, JET PROPULSION LABORATORY,
$740,000;
(4) MODIFICATION OF PLANETARY MISSION SUPPORT
FACILITIES, JET PROPULSION LABORATORY, $580,000;
(5) REHABILITATION AND MODIFICATION OF 600 POUNDS
PER SQUARE INCH AIR SUPPLY SYSTEM, LANGLEY RESEARCH
CENTER, $2,410,000;
(6) CONSTRUCTION OF SYSTEMS ENGINEERING BUILDING,
LANGLEY RESEARCH CENTER, $1,620,000;
(7) REHABILITATION OF AIRFIELD PAVEMENT, WALLOPS
STATION, $570,000;
(8) REHABILITATION OF COMMUNICATION SYSTEM, WALLOPS
STATION, $575,000;
(9) MODIFICATION FOR FIRE PROTECTION IMPROVEMENTS
AT VARIOUS TRACKING AND DATA STATIONS, $1,885,000; //87 STAT. 172//
(10) MODIFICATION OF SPACE LAUNCH COMPLEX 2 WEST,
VANDENBERG AIR FORCE BASE, $980,000;
(11) MODIFICATION OF POWER SYSTEM, SLIDELL COMPUTER
COMPLEX, $1,085,000;
(12) SPACE SHUTTLE FACILITIES AT VARIOUS LOCATIONS,
AS FOLLOWS:
(A) MODIFICATIONS FOR AUXILIARY PROPULSION AND POWER SYSTEMS
TEST FACILITIES, WHITE SANDS TEST FACILITY, $1,290,000;
(B) MODIFICATIONS FOR SHUTTLE AVIONICS INTEGRATION LABORATORY,
LYNDON B. JOHNSON SPACE CENTER, $1,240,000;
(C) MODIFICATIONS FOR RADIANT HEATING VERIFICATION FACILITY,
LYNDON B. JOHNSON SPACE CENTER, $1,260,000;
(D) MODIFICATIONS FOR THE ORIBITER PROPULSION SYSTEM TEST
FACILITIES, MISSISSIPPI TEST FACILITY, $11,300,000;
(E) MODIFICATIONS FOR EXTERNAL TANK STRUCTURAL TEST FACILITIES,
MARSHALL SPACE FLIGHT CENTER, $4,400,000;
(F) MODIFICATION OF MANUFACTURING AND SUBASSEMBLY FACILITIES
FOR THE ORBITER, NASA INDUSTRIAL PLANT, DOWNEY, CALIFORNIA,
$2,650,000;
(G) MODIFICATION OF AND ADDITION TO FINAL ASSEMBLY AND CHECKOUT
FACILITIES FOR THE ORBITER. AIR FORCE PLANT NUMBER 42, PALMDALE,
CALIFORNIA, $7,350,000;
(H) MODIFICATION OF MANUFACTURING AND FINAL ASSEMBLY FACILITIES
FOR EXTERNAL TANKS, MICHOUD ASSEMBLY FACILITY, $9,510,000;
(I) CONSTRUCTION OF ORBITER LANDING FACILITIES, JOHN F.
KENNEDY SPACE CENTER, $28,200,000; (13) REHABILITATION AND
MODIFICATION OF FACILITIES
AT VARIOUS LOCATIONS, NOT IN EXCESS OF $500,000 PER
PROJECT, $14,785,000;
(14) MINOR CONSTRUCTION OF NEW FACILITIES AND
ADDITIONS TO EXISTING F CILITIES AT VARIOUS
LOCATIONS, NOT IN EXCESS OF $250,000 PER PROJECT,
$4,600,000;
(15) FACILITY PLANNING AND DESIGN NOT OTHERWISE
PROVIDED FOR, $13,600,000.
(C) FOR "RESEARCH AND PROGRAM MANAGEMENT," $707,000,000, AND SUCH
ADDITIONAL OR SUPPLEMENTAL AMOUNTS AS MAY BE NECESSARY FOR INCREASES IN
SALARY, PAY, RETIREMENT, OR OTHER EMPLOYEE BENEFITS AUTHORIZED BY LAW OF
WHICH NOT MORE THAN $549,020,000 AND SUCH ADDITIONAL OR SUPPLEMENTAL
AMOUNTS AS MAY BE NECESSARY FOR INCREASES IN SALARY, PAY, RETIREMENT, OR
OTHER EMPLOYEE BENEFITS AUTHORIZED BY LAW, SHALL BE AVAILABLE FOR
PERSONNEL AND RELATED COSTS.
(D) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION 1(G), APPROPRIATIONS
FOR "RESEARCH AND DEVELOPMENT" MAY BE USED (1), FOR ANY ITEMS OF A
CAPITAL NATURE (OTHER THAN ACQUISITION OF LAND) WHICH MAY BE ACQUIRED AT
LOCATIONS OTHER THAN INSTALLATIONS OF THE ADMINISTRATION FOR THE
PERFORMANCE OF RESEARCH AND DEVELOPMENT CONTRACTS, AND (2) FOR GRANTS TO
NONPROFIT INSTITUTIONS OF HIGHER EDUCATION, OR TO NONPROFIT
ORGANIZATIONS WHOSE PRIMARY PURPOSE IS THE CONDUCT OF SCIENTIFIC
RESEARCH, FOR PURCHASE OR CONSTRUCTION OF ADDITIONAL RESEARCH
FACILITIES; AND TITLE TO SUCH FACILITIES SHALL BE VESTED IN THE UNITED
STATES UNLESS THE ADMINISTRATOR DETERMINES THAT THE NATIONAL PROGRAM OF
AERONAUTICAL AND SPACE ACTIVITIES WILL BEST BE SERVED BY VESTING TITLE
IN ANY SUCH GRANTEE INSTITUTION OR ORGANIZATION. EACH SUCH GRANT SHALL
BE MADE UNDER SUCH CONDITIONS AS THE ADMINISTRATOR SHALL DETERMINE TO BE
REQUIRED TO JUSTIFY THE MAKING OF THAT GRANT. NONE OF THE FUNDS
APPROPRIATED FOR "RESEARCH AND DEVELOPMENT" PURSUANT TO THIS ACT MAY BE
USED IN ACCORDANCE WITH THIS SUBSECTION FOR THE CONSTRUCTION OF ANY
MAJOR FACILITY, THE ESTIMATED COST OF WHICH, INCLUDING COLLATERAL
EQUIPMENT, //87 STAT. 172// //87 STAT. 173// EXCEEDS $250,000,UNLESS THE
ADMINISTRATOR OR HIS DESIGNEE HAS NOTIFIED THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES AND THE PRESIDENT OF THE SENATE AND THE COMMITTEE ON
SCIENCE AND ASTRONAUTICS OF THE HOUSE OF REPRESENTATIVES AND THE
COMMITTEE ON AERONAUTICAL AND SPACE SCIENCES OF THE SENATE OF THE
NATURE, LOCATION, AND ESTIMATED COST OF SUCH FACILITY.
(E) WHEN SO SPECIFIED IN AN APPROPRIATION ACT, (1) ANY AMOUNT
APPROPRIATED FOR "RESEARCH AND DEVELOPMENT" OR FOR "CONSTRUCTION OF
FACILITIES" MAY REMAIN AVAILABLE WITHOUT FISCAL YEAR LIMITATION, AND (2)
MAINTENANCE AND OPERATION OF FACILITIES, AND SUPPORT SERVICES CONTRACTS
MAY BE ENTERED INTO UNDER THE "RESEARCH AND PROGRAM MANAGEMENT"
APPROPRIATION FOR PERIODS NOT IN EXCESS OF TWELVE MONTHS BEGINNING AT
ANY TIME DURING THE FISCAL YEAR.
(F) APPROPRIATIONS MADE PURSUANT TO SUBSECTION 1(C) MAY BE USED, BUT
NOT TO EXCEED $35,000, FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY
EXPENSES UPON THE APPROVAL OR AUTHORITY OF THE ADMINISTRATOR AND HIS
DETERMINATION SHALL BE FINAL AND CONCLUSIVE UPON THE ACCOUNTING OFFICERS
OF THE GOVERNMENT.
(G) OF THE FUNDS APPROPRIATED PURSUANT TO SUBSECTIONS 1(A) AND 1(C),
NOT IN EXCESS OF $10,000 FOR EACH PROJECT, INCLUDING COLLATERAL
EQUIPMENT, MAY BE USED FOR CONSTRUCTION OF NEW FACILITIES AND ADDITIONS
TO EXISTING FACILITIES, AND NOT IN EXCESS OF $25,000 FOR EACH PROJECT,
INCLUDING COLLATERAL EQUIPMENT, MAY BE USED FOR REHABILITATION OR
MODIFICATION OF FACILITIES: PROVIDED, THAT OF THE FUNDS APPROPRIATED
PURSUANT TO SUBSECTION 1(A), NOT IN EXCESS OF $250,000 FOR EACH PROJECT,
INCLUDING COLLATERAL EQUIPMENT, MAY BE USED FOR ANY OF THE FOLLOWING FOR
UNFORESEEN PROGRAMMATIC NEEDS.
(H) NO PART OF THE FUNDS APPROPRIATED PURSUANT TO SUBSECTION (A) OF
THIS SECTION MAY BE USED FOR GRANTS TO ANY NONPROFIT INSTITUTION OF
HIGHER LEARNING UNLESS THE ADMINISTRATOR OR HIS DESIGNEE DETERMINES AT
THE TIME OF THE GRANT THAT RECRUITING PERSONNEL OF ANY OF THE ARMED
FORCES OF THE UNITED STATES ARE NOT BEING BARRED FROM THE PREMISES OR
PROPERTY OF SUCH INSTITUTION EXCEPT THAT THIS SUBSECTION SHALL NOT APPLY
IF THE ADMINISTRATOR OR HIS DESIGNEE DETERMINES THAT THE GRANT IS A
CONTINUATION OR RENEWAL OF A PREVIOUS GRANT TO SUCH INSTITUTION WHICH IS
LIKELY TO MAKE A SIGNIFICANT CONTRIBUTION TO THE AERONAUTICAL AND SPACE
ACTIVITIES OF THE UNITED STATES. THE SECRETARY OF DEFENSE SHALL FURNISH
TO THE ADMINISTRATOR OR HIS DESIGNEE WITHIN SIXTY DAYS AFTER THE DATE OF
ENACTMENT OF THIS ACT AND EACH JANUARY 30 AND JUNE 30 THEREAFTER THE
NAMES OF ANY NONPROFIT INSTITUTIONS OF HIGHER LEARNING WHICH THE
SECRETARY OF DEFENSE DETERMINES ON THE DATE OF EACH SUCH REPORT ARE
BARRING SUCH RECRUITING PERSONNEL FROM PREMISES OR PROPERTY OF ANY SUCH
INSTITUTION.
SEC. 2. AUTHORIZATION IS HEREBY GRANTED WHEREBY ANY OF THE AMOUNTS
PRESCRIBED IN PARAGRAPHS (1) THROUGH (14), INCLUSIVE, OF SUBSECTION 1(
B) MAY, IN THE DISCRETION OF THE ADMINISTRATOR OF THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION, BE VARIED UPWARD 5 PER CENTUM TO
MEET UNUSUAL COST VARIATIONS, BUT THE TOTAL COST OF ALL WORK AUTHORIZED
UNDER SUCH PARAGRAPHS SHALL NOT EXCEED THE TOTAL OF THE AMOUNTS
SPECIFIED IN SUCH PARAGRAPHS.
SEC. 3. NOT TO EXCEED ONE-HALF OF 1 PER CENTUM OF THE FUNDS
APPROPRIATED PURSUANT TO SUBSECTION 1(A) HEREOF MAY BE TRANSFERRED TO
THE "CONSTRUCTION OF FACILITIES" APPROPRIATION, AND, WHEN SO
TRANSFERRED, TOGETHER WITH $10,000,000 OF THE FUNDS APPROPRIATED
PURSUANT TO SUBSECTION 1(B) HEREOF (OTHER THAN FUNDS APPROPRIATED
PURSUANT TO PARAGRAPH (15) OF SUCH SUBSECTION) SHALL BE AVAILABLE FOR
EXPENDITURE TO CONSTRUCT, EXPAND, OR MODIFY LABORATORIES AND OTHER
INSTALLATIONS AT ANY LOCATION (INCLUDING LOCATIONS SPECIFIED IN
SUBSECTION 1(B)), IF (1) THE ADMINISTRATOR DETERMINES SUCH ACTION TO BE
NECESSARY BECAUSE OF CHANGES IN THE NATIONAL PROGRAM OF AERONAUTICAL AND
SPACE ACTIVITIES OR NEW SCIENTIFIC OR ENGINEERING DEVELOPMENTS, //87
STAT. 173// //87 STAT. 174// AND (2) HE DETERMINES THAT DEFERRAL OF SUCH
ACTION UNTIL THE ENACTMENT OF THE NEXT AUTHORIZATION ACT WOULD BE
INCONSISTENT WITH THE INTEREST OF THE NATION IN AERONAUTICAL AND SPACE
ACTIVITIES. THE FUNDS SO MADE AVAILABLE MAY BE EXPENDED TO ACQUIRE,
CONSTRUCT, CONVERT, REHABILITATE, OR INSTALL PERMANENT OR TEMPORARY
PUBLIC WORKS, INCLUDING LAND ACQUISITION, SITE PREPARATION,
APPURTENANCES, UTILITIES, AND EQUIPMENT. NO PORTION OF SUCH SUMS MAY BE
OBLIGATED FOR EXPENDITURE OR EXPENDED TO CONSTRUCT, EXPAND, OR MODIFY
LABORATORIES AND OTHER INSTALLATIONS UNLESS (A) A PERIOD OF THIRTY DAYS
HAS PASSED AFTER THE ADMINISTRATOR OR HIS DESIGNEE HAS TRANSMITTED TO
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND TO THE PRESIDENT OF THE
SENATE AND TO THE COMMITTEE ON SCIENCE AND ASTRONAUTICS OF THE HOUSE OF
REPRESENTATIVES AND THE COMMITTEE ON AERONAUTICAL AND SPACE SCIENCES OF
THE SENATE A WRITTEN REPORT CONTAINING A FULL AND COMPLETE STATEMENT
CONCERNING (1) THE NATURE OF SUCH CONSTRUCTION, EXPANSION, OR
MODIFICATION, (2) THE COST THEREOF INCLUDING THE COST OF ANY REAL ESTATE
ACTION PERTAINING THERETO, AND (3) THE REASON WHY SUCH CONSTRUCTION,
EXPANSION, OR MODIFICATION IS NECESSARY IN THE NATIONAL INTEREST, OR (B)
EACH SUCH COMMITTEE BEFORE THE EXPIRATION OF SUCH PERIOD HAS TRANSMITTED
TO THE ADMINISTRATOR WRITTEN NOTICE TO THE EFFECT THAT SUCH COMMITTEE
HAS NO OBJECTION TO THE PROPOSED ACTION.
SEC. 4. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT--
(1) NO AMOUNT APPROPRIATED PURSUANT TO THIS ACT MAY BE USED FOR
ANY PROGRAM DELETED BY THE CONGRESS FROM REQUESTS AS ORIGINALLY
MADE TO EITHER THE HOUSE COMMITTEE ON SCIENCE AND ASTRONAUTICS OR
THE SENATE COMMITTEE ON AERONAUTICAL AND SPACE SCIENCES,
(2) NO AMOUNT APPROPRIATED P RSUANT TO THIS ACT, MAY BE USED
FOR ANY PROGRAM IN EXCESS OF THE AMOUNT ACTUALLY AUTHORIZED FOR
THAT PARTICULAR PROGRAM BY SECTIONS 1(A) AND 1(C), AND
(3) NO AMOUNT APPROPRIATED PURSUANT TO THIS ACT MAY BE USED FOR
ANY PROGRAM WHICH HAS NOT BEEN PRESENTED TO OR REQUESTED OF EITHER
SUCH COMMITTEE,
UNLESS (A) A PERIOD OF THIRTY DAYS HAS PASSED AFTER THE RECEIPT BY THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE
AND EACH SUCH COMMITTEE OF NOTICE GIVEN BY THE ADMINISTRATOR OR HIS
DESIGNEE CONTAINING A FULL AND COMPLETE STATEMENT OF THE ACTION PROPOSED
TO BE TAKEN AND THE FACTS AND CIRCUMSTANCES RELIED UPON IN SUPPORT OF
SUCH PROPOSED ACTION, OR (B) EACH SUCH COMMITTEE BEFORE THE EXPIRATION
OF SUCH PERIOD HAS TRANSMITTED TO THE ADMINISTRATOR WRITTEN NOTICE TO
THE EFFECT THAT SUCH COMMITTEE HAS NO OBJECTION TO THE PROPOSED ACTION.
(B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE THE
EXPENDITURE OF AMOUNTS FOR PERSONNEL AND RELATED COSTS PURSUANT TO
SECTION 1(C) TO EXCEED AMOUNTS AUTHORIZED FOR SUCH COSTS.
SEC. 5. IT IS THE SENSE OF THE CONGRESS THAT IT IS IN THE NATIONAL
INTEREST THAT CONSIDERATION BE GIVEN TO GEOGRAPHICAL DISTRIBUTION OF
FEDERAL RESEARCH FUNDS WHENEVER FEASIBLE, AND THAT THE NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION SHOULD EXPLORE WAYS AND MEANS OF
DISTRIBUTING ITS RESEARCH AND DEVELOPMENT FUNDS WHENEVER FEASIBLE.
SEC. 6. SECTION 203(B) OF THE NATIONAL AERONAUTICS AND SPACE ACT OF
1958, //72 STAT. 429; 78 STAT. 495.// AS AMENDED (42 U.S.C. 2473 (B)),
IS AMENDED BY INSERTING IMMEDIATELY AFTER PARAGRAPH (10) THE FOLLOWING
NEW PARAGRAPH:
"(11) TO PROVIDE BY CONCESSION, WITHOUT REGARD TO SECTION 321
OF THE ACT OF JUNE 30, 1932 (47 STAT. 412; 40 U.S.C. 303B), ON
SUCH TERMS AS THE ADMINISTRATOR MAY DEEM TO BE APPROPRIATE AND TO
BE NECESSARY TO PROTECT THE CONCESSIONER AGAINST LOSS OF HIS
INVESTMENT IN PROPERTY (BUT NOT ANTICIPATED PROFITS) RESULTING
FROM THE ADMINISTRATION'S DISCRETIONARY ACTS AND DECISIONS, //87
STAT. 174// //87 STAT. 175// FOR THE CONSTRUCTION MAINTENANCE, AND
OPERATION OF ALL MANNER OF FACILITIES AND EQUIPMENT FOR VISITORS
TO THE SEVERAL INSTALLATIONS OF THE ADMINISTRATION AND, IN
CONNECTION THEREWITH, TO PROVIDE SERVICES INCIDENT TO THE
DISSEMINATION OF INFORMATION CONCERNING ITS ACTIVITIES TO SUCH
VISITORS, WITHOUT CHARGE OR WITH A REASONABLE CHARGE THEREFOR
(WITH THIS AUTHORITY BEING IN ADDITION TO ANY OTHER AUTHORITY
WHICH THE ADMINISTRATION MAY HAVE TO PROVIDE FACILITIES,
EQUIPMENT, AND SERVICES FOR VISITORS TO ITS INSTALLATIONS). A
CONCESSION AGREEMENT UNDER THIS PARAGRAPH MAY BE NEGOTIATED WITH
ANY QUALIFIED PROPOSER FOLLOWING DUE CONSIDERATION OF ALL
PROPOSALS RECEIVED AFTER REASONABLE PUBLIC NOTICE OF THE INTENTION
TO CONTRACT. THE CONCESSIONER SHALL BE AFFORDED A REASONABLE
OPPORTUNITY TO MAKE A PROFIT COMMENSURATE WITH THE CAPITAL
INVESTED AND THE OBLIGATIONS ASSUMED, AND THE CONSIDERATION PAID
BY HIM FOR THE CONCESSION SHALL BE BASED ON THE PROBABLE VALUE OF
SUCH OPPORTUNITY AND NOT ON MAXIMIZING REVENUE TO THE UNITED
STATES. //87 STAT. 175// EACH CONCESSION AGREEMENT SHALL SPECIFY
THE MANNER IN WHICH THE CONCESSIONER'S RECORDS ARE TO BE
MAINTAINED, AND SHALL PROVIDE FOR ACCESS TO ANY SUCH RECORDS BY
THE ADMINISTRATION AND THE COMPTROLLER GENERAL OF THE UNITED
STATES FOR A PERIOD OF FIVE YEARS AFTER THE CLOSE OF THE BUSINESS
YEAR TO WHICH SUCH RECORDS RELATE. A CONCESSIONER MAY BE ACCORDED
A POSSESSORY INTEREST, CONSISTING OF ALL INCIDENTS OF OWNERSHIP
EXCEPT LEGAL TITLE (WHICH SHALL VEST IN THE UNITED STATES), IN ANY
STRUCTURE, FIXTURE, OR IMPROVEMENT BE CONSTRUCTS OR LOCATES UPON
LAND OWNED BY THE UNITED STATES; AND, WITH THE APPROVAL OF THE
ADMINISTRATION, SUCH POSSESSORY INTEREST MAY BE ASSIGNED,
TRANSFERRED, ENCUMBERED, OR RELINQUISHED BY HIM, AND, UNLESS
OTHERWISE PROVIDED BY CONTRACT, SHALL NOT BE EXTINGUISHED BY THE
EXPIRATION OR OTHER TERMINATION OF THE CONCESSION AND MAY NOT BE
TAKEN FOR PUBLIC USE WITHOUT JUST CONPENSATION;".
SEC. 7. TITLE II OF THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958,
AS AMENDED (42 U.S.C. 2471 ET SEQ), IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SECTION: //72 STAT. 427; 85 STAT. 177.//
SEC. 207. NOTWITHSTANDING THE PROVISIONS OF THIS OR ANY OTHER LAW,
THE ADMINISTRATION MAY NOT REPORT TO A DISPOSAL AGENCY AS EXCESS TO THE
NEEDS OF THE ADMINISTRATION ANY LAND HAVING AN ESTIMATED VALUE IN EXCESS
OF $50,000 WHICH IS OWNED BY THE UNITED STATES AND UNDER THE
JURISDICTION AND CONTROL OF THE ADMINISTRATION, UNLESS (A) A PERIOD OF
THIRTY DAYS HAS PASSED AFTER THE RECEIPT BY THE SPEAKER AND THE
COMMITTEE ON SCIENCE AND ASTRONAUTICS OF THE HOUSE OF REPRESENTATIVES
AND THE PRESIDENT AND THE COMMITTEE ON AERONAUTICAL AND SPACE SCIENCES
OF THE SENATE OF A REPORT BY THE ADMINISTRATOR OR HIS DESIGNEE
CONTAINING A FULL AND COMPLETE STATEMENT OF THE ACTION PROPOSED TO BE
TAKEN AND THE FACTS AND CIRCUMSTANCES RELIED UPON IN SUPPORT OF SUCH
ACTION, OR (B) EACH SUCH COMMITTEE BEFORE THE EXPIRATION OF SUCH PERIOD
HAS TRANSMITTED TO THE ADMINISTRATOR WRITTEN NOTICE TO THE EFFECT THAT
S'CH COMMITTEE HAS NO OBJECTION TO THE PROPOSED ACTION."
SEC. 8. SECTION 5316, TITLE 5, UNITED STATES CODE, IS AMENDED BY
DELETING PARAGRAPHS (15), (16), AND (17) AND BY SUBSTITUTING THEREFOR A
NEW PARAGRAPH (15) TO READ AS FOLLOWS: //80 STAT. 463.//
"(15) ASSOCIATE ADMINISTRATORS, NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION (6)."
SEC. 9. THIS ACT MAY BE CITED AS THE "NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION AUTHORIZATION ACT, 1974".
LESISLATIVE HISTORY:
HOUSE REPORT: NO. 93 - 171 (COMM. ON SCIENCE
AND ASTRONAUTICS) AND NO. 93 - 353 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 179 (COMM. ON AERONAUTICAL
AND SPACE SCIENCES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 23, CONSIDERED AND PASSED HOUSE. JUNE 19, CONSIDERED AND
PASSED SENATE, AMENDED. JUNE 28, SENATE AGREED TO CONFERENCE
REPORT. JULY 11, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-73, 87 STAT. 170
TO EXTEND AND MAKE TECHNICAL CORRECTIONS TO THE NATIONAL
SEA GRANT COLLEGE AND PROGRAM ACT OF 1966, AS AMENDED.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE NATIONAL SEA
GRANT COLLEGE AND PROGRAM ACT OF 1966 (80 STAT. 998), AS AMENDED AS
FOLLOWS:
(1) IN SECTION 203(B)(1), AFTER "THE SUM OF $25,000,000", DELETE THE
WORD "AND", AND INSERT, AFTER "FOR THE FISCAL YEAR ENDING JUNE 30, 1973,
NOT TO EXCEED THE SUM OF $30,000,000," THE FOLLOWING: //84 STAT. 448.
33 USC 1122.// "FOR THE FISCAL YEAR ENDING JUNE 30, 1974, NOT TO EXCEED
THE SUM OF $30,000,000, FOR THE FISCAL YEAR ENDING JUNE 30, 1975, NOT TO
EXCEED THE SUM OF $40,000,000, FOR THE FISCAL YEAR ENDING JUNE 30, 1976,
NOT TO EXCEED THE SUM OF $50,000,000,".
(2) IN SECTION 204(A), DELETE SUBSCRIPT "(1)", AND DELETE ALL AFTER
"IN ANY SUCH FIELDS", SUBSTITUTING A PERIOD THEREFOR. //80 STAT. 999.
33 USC 1123.//
(3) IN SECTION 204 (D)(1), AFTER THE FIRST SENTENCE, INSERT THE
FOLLOWING: "THE SECRETARY MAY GRANT TOTAL PAYMENTS THAT EXCEED SUCH PER
CENTUM WITH RESPECT TO THOSE PROGRAMS OR PORTIONS OF PROGRAMS REQUESTED
BY THE SECRETARY ON HIS OWN INITIATIVE, UPON HIS DETERMINATION THAT THE
REQUIREMENT FOR PAYMENTS OF 33 1/3 PER CENTUM OF THE COST THEREOF BY THE
PARTICIPANT WOULD BE INEQUITABLE RELATIVE TO THE BENEFITS WHICH THE
PARTICIPANT WOULD RECEIVE THEREFROM. THE TOTAL AMOUNT OF PAYMENTS TO BE
MADE BY THE FEDERAL GOVERNMENT UNDER ALL PROGRAMS AND PORTIONS OF
PROGRAMS AS TO WHICH THE SECRETARY SHALL IN ANY FISCAL YEAR EXERCISE HIS
AUTHORITY UNDER THE PRECEDING SENTENCE TO REDUCE OR ELIMINATE MATCHING
PAYMENTS BY THE PARTICIPANT SHALL NOT EXCEED 1 PER CENTUM OF THE FUNDS
APPROPRIATED UNDER THIS TITLE FOR SUCH FISCAL YEAR.".
(4) IN SECTION 204(D)(2), DELETE THE PERIOD AFTER "VESSEL",
SUBSTITUTING A COLON THEREFOR, AND ADD THE FOLLOWING AFTER THE COLON:
"PROVIDED, THAT THE PROHIBITIONS OF THIS PARAGRAPH SHALL NOT APPLY TO
NON-SELF-PROPELLED HABITATS, BUOYS, PLATFORMS, OR OTHER SIMILAR DEVICES
OR STRUCTURES, USED PRINCIPALLY FOR RESEARCH PURPOSES.".
(5) EXCEPT IN SECTION 204 (G) AND IN SECTION 205, DELETE "NATIONAL
SCIENCE FOUNDATION" AND "FOUNDATION" WHEREVER THEY APPEAR IN THIS TITLE,
SUBSTITUTING "SECRETARY OF COMMERCE" AND "SECRETARY", RESPECTIVELY; AND
MAKE CONFORMING CHANGES BY DELETING "ITS" AND SUBSTITUTING "HIS"
WHEREVER APPROPRIATE.
(6) AMEND SECTION 204(G) TO READ AS FOLLOWS:
"(G) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, THE SECRETARY,
IN CARRYING OUT HIS FUNCTIONS UNDER THIS TITLE, HAS THE SAME
POWERS AND AUTHORITY AS HAS THE NATIONAL SCIENCE FOUNDATION UNDER
THE NATIONAL SCIENCE FOUNDATION ACT OF 1950, AS AMENDED, TO CARRY
OUT ITS FUNCTIONS UNDER THAT ACT." //64 STAT. 149. 42 USC 1861//
(7) IN SECTION 204(I)(3), AFTER "MARINE RESOURCES," INSERT "AND WHICH
IS SO DESIGNATED BY THE SECRETARY".
(8) AMEND SECTION 205 TO READ AS FOLLOWS: //42 USC 1124.//
"SEC. 205. (A) THE SECRETARY OF COMMERCE IS AUTHORIZED AND DIRECTED
TO UNDERTAKE, THROUGH THE NATIONAL SEA GRANT COLLEGE PROGRAM, A STUDY OF
THE MEANS OF SHARING, THROUGH COOPERATIVE PROGRAMS WITH OTHER NATIONS,
//87 STAT. 171// THE RESULTS OF MARINE RESEARCH USEFUL IN THE
EXPLORATION, DEVELOPMENT, CONSERVATION, AND MANAGEMENT OF MARINE
RESOURCES.
"(B) IN CARRYING OUT THE STUDY REQUIRED BY SUBSECTION (A), THE
SECRETARY IS AUTHORIZED, WITHOUT REGARD FOR PARAGRAPHS (1) AND (3) OF
SECTION 204 (D), //33 USC 1123.// TO ENTER INTO CONTRACTS WITH, AND MAKE
GRANTS TO, INSTITUTIONS, AGENCIES, AND ORGANIZATIONS DESCRIBED IN
SECTION 204(C).
"(C) THE SECRETARY SHALL SUBMIT TO THE PRESIDENT AND TO THE CONGRESS
THE RESULTS AND FINDINGS OF SUCH STUDY, INCLUDING SPECIFIC
RECOMMENDATIONS, NOT LATER THAN SEPTEMBER 30, 1974.
"(D) FOR THE PURPOSE OF CARRYING OUT THIS SECTION THERE IS AUTHORIZED
TO BE APPROPRIATED NOT TO EXCEED THE SUM OF $200,000.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 138 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 271 (COMMITTEES ON LABOR AND PUBLIC WELFARE
AND COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 8, CONSIDERED AND PASSED HOUSE. JUNE 28, CONSIDERED AND
PASSED SENATE, AMENDED. JUNE 30, HOUSE CONCURRED IN SENATE
AMENDMENT.
PUBLIC LAW 93-72, 87 STAT. 169
TO AMEND SECTION 8 OF THE PUBLIC BUILDINGS ACT OF
1959, RELATING TO THE DISTRICT OF COLUMBIA.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8 OF THE
PUBLIC BUILDING ACT OF 1959 (40 U.S.C. 607) IS AMENDED BY ADDING AT THE
END THEREOF THE FOLLOWING NEW SUBSECTION:
"(D)(1) NOTWITHSTANDING THE DISTRICT OF COLUMBIA STADIUM ACT OF 1957
OR ANY OTHER PROVISION OF LAW, //73 STAT. 481; 76 STAT. 92.// THE
ARMORY BOARD (HEREAFTER IN THIS SUBSECTION REFERRED TO AS THE 'BOARD'),
CREATED BY THE ACT OF JUNE 4, 1948 (D.C. CODE, SEC. 2-1702, //71 STAT.
619. D.C. CODE 2-1720 NOTE. 62 STAT. 339.// IS HEREBY AUTHORIZED TO
ENTER INTO CONTRACTS FOR THE CONDUCT IN THE ROBERT F. KENNEDY STADIUM
AUTHORIZED BY SUCH ACT OF 1957 OF MAJOR LEAGUE FOOTBALL, BASEBALL, AND
SOFTBALL, AND MOTORCYCLE RACES, RODEOS, MUSICAL CONCERTS, AND OTHER
EVENTS, AND TO INCREASE THE SEATING CAPACITY OF SUCH STADIUM BY AN
ADDITIONAL NUMBER OF SEATS, NOT TO EXCEED EIGHT THOUSAND, AND AT A COST
NOT TO EXCEED $1,500,000. NOTWITHSTANDING SUCH ACT OF 1957, OR ANY
OTHER PROVISION OF LAW, THE BOARD IS FURTHER AUTHORIZED TO BORROW SUCH
SUMS AS MAY BE NECESSARY TO PROVIDE FOR THE ADDITIONAL SEATING
AUTHORIZED BY THIS SUBSECTION IN ACCORDANCE WITH THE FOLLOWING TERMS AND
CONDITIONS, WHICH TERMS AND CONDITIONS SHALL BE EFFECTIVE DURING THE
PERIOD THAT ANY OF SUCH SUMS SO BORROWED REMAIN UNPAID:
"(A) 50 PER CENTUM OF ALL REVENUES FROM PROFESSIONAL FOOTBALL
DERIVED FROM SUCH ADDITIONAL SEATS SHALL BE USED SOLELY FOR THE
PURPOSE OF REPAYING THE SUMS BORROWED FOR SUCH SEATS;
"(B) 44 PER CENTUM OF SUCH REVENUES SHALL BE PAID TO THE TEAM
OPERATING UNDER THE TRADE NAME OF THE WASHINGTON REDSKINS, OR ITS
SUCCESSORS; AND
"(C) 6 PER CENTUM OF SUCH REVENUES SHALL BE SUBJECT TO THE
PROVISIONS OF SECTION 6 OF SUCH ACT OF 1957.
"(2) IN NO CASE SHALL THE NATIONAL FOOTBALL LEAGUE OR ANY TEAM WITHIN
SUCH LEAGUE (OTHER THAN THE AFOREMENTIONED REDSKINS TEAM OR ITS
SUCCESSORS), DURING THE PERIOD WITHIN WHICH ANY PART OF SUCH SUMS SO
BORROWED PURSUANT TO PARAGRAPH (1) OF THIS SUBSECTION REMAINS UNPAID, BE
CONSIDERED AS BEING ENTITLED TO, OR AS ACQUIRING ANY RIGHT IN CONNECTION
WITH, ANY PART OF THE REVENUES ATTRIBUTABLE TO THE ADDITIONAL SEATS
AUTHORIZED BY THIS SUBSECTION.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 211 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 234 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 21, CONSIDERED AND PASSED HOUSE. JUNE 22, CONSIDERED AND
PASSED SENATE, AMENDED. JUNE 27, HOUSE CONCURRED IN SENATE
AMENDMENT.
PUBLIC LAW 93-71, 87 STAT. 169
TO AMEND SECTION 502(A) OF THE MERCHANT MARINE ACT, 1936.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE THIRD SENTENCE
OF SECTION 502(A) OF THE MERCHANT MARINE ACT, 1936 (46 U.S.C. 1152(A),
IS AMENDED AS FOLLOWS:
"(1) BY STRIKING OUT "JUNE 30, 1973" AND INSERTING IN LIEU THEREOF
"JUNE 30, 1976".
(2) BY STRIKING OUT THE WORDS "AND 41 PER CENTUM IN FISCAL 1973: AND
INSERTING IN LIEU THEREOF THE WORDS "41 PER CENTUM IN FISCAL 1973, //84
STAT. 1019.// 39 PER CENTUM IN FISCAL 1974, 37 PER CENTUM IN FISCAL
1975, AND 35 PER CENTUM IN FISCAL 1976".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 291 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 279 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 22, CONSIDERED AND PASSED HOUSE. JUNE 29, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-70, 87 STAT. 168
TO AUTHORIZE APPROPRIATIONS FOR THE FISCAL YEAR 1974
FOR CERTAIN MARITIME PROGRAMS OF THE DEPARTMENT OF COMMERCE.
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 WITHOUT FISCAL YEAR LIMITATION AS THE
APPROPRIATION ACT MAY PROVIDE FOR THE USE OF THE DEPARTMENT OF COMMERCE,
FOR THE FISCAL YEAR 1974, AS FOLLOWS:
(A) ACQUISITION, CONSTRUCTION, OR RECONSTRUCTION OF VESSELS AND
CONSTRUCTION-DIFFERENTIAL SUBSIDY AND COST OF NATIONAL DEFENSE
FEATURES INCIDENT TO THE CONSTRUCTION, RECONSTRUCTION, OR
RECONDITIONING OF SHIPS, $275,000,000: PROVIDED, THAT THE
APPROPRIATION ACT MAY PROVIDE THAT UNOBLIGATED BALANCES PREVIOUSLY
APPROPRIATED FOR PURCHASE OF MODERN OR RECONSTRUCTED UNITED
STATES-FLAG VESSELS FOR LAYUP IN THE NATIONAL DEFENSE RESERVE
FLEET, MAY ALSO BE USED FOR CONSTRUCTION-DIFFERENTIAL SUBSIDY;
(B) PAYMENT OF OBLIGATIONS INCURRED FOR SHIP OPERATION
SUBSIDIES, $221,515,000;
(C) EXPENSES NECESSARY FOR RESEARCH AND DEVELOPMENT ACTIVITIES
(INCLUDING REIMBURSEMENT OF THE VESSEL OPERATIONS REVOLVING FUND
FOR LOSSES RESULTING FROM EXPENSES OF EXPERIMENTAL SHIP
OPERATIONS), $20,000,000;
(D) RESERVE FLEET EXPENSES, $3,773,000;
(E) MARITIME TRAINING AT THE MERCHANT MARINE ACADEMY AT KINGS
POINT, NEW YORK, $8,600,000; AND
(F) FINANCIAL ASSISTANCE TO STATE MARINE SCHOOLS, $2,427,000.
SEC. 2. IN ADDITION TO THE AMOUNTS AUTHORIZED BY SECTION 1 OF THIS
ACT, THERE ARE AUTHORIZED TO BE APPROPRIATED FOR FISCAL YEAR 1974 SUCH
ADDITIONAL SUPPLEMENTAL AMOUNTS FOR THE ACTIVITIES FOR WHICH
APPROPRIATIONS ARE AUTHORIZED UNDER SECTION 1 OF THIS ACT AS MAY BE
NECESSARY FOR INCREASES IN SALARY, PAY, RETIREMENT, OR OTHER EMPLOYEE
BENEFITS AUTHORIZED BY LAW.
SEC. 3. SECTION 1103(F) OF THE MERCHANT MARINE ACT, 1936, //86 STAT.
910.// AS AMENDED (46 U.S.C. 1273(F)), IS AMENDED BY STRIKING THE FIGURE
"$3,000,000,000", AND INSERTING IN LIEU THEREOF THE FIGURE
"$5,000,000,000".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 234 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 259 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 8, CONSIDERED AND PASSED HOUSE. JUNE 29, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-69, 87 STAT. 162, RAILROAD RETIREMENT AMENDMENTS OF
1973. (TITLE II)
SEC. 201. SECTION 15A OF THE INTERSTATE COMMERCE ACT (49 U.S.C.
15A) IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
PARAGRAPH: //41 STAT. 488; 72 STAT. 572.//
"(4)(A) THE COMMISSION SHALL BY RULE, ON OR BEFORE AUGUST 1, 1973,
ESTABLISH REQUIREMENTS FOR PETITIONS FOR ADJUSTMENT OF INTERSTATE RATES
OF COMMON CARRIERS SUBJECT TO THIS PART BASED UPON INCREASES IN EXPENSES
OF SUCH CARRIERS RESULTING FROM ANY INCREASES IN TAXES UNDER THE
RAILROAD RETIREMENT TAX ACT, //ANTE, P. 162.// AS AMENDED, OCCURRING ON
OR BEFORE JANUARY 1, 1975, OR AS A RESULT OF THE ENACTMENT OF THE
RAILROAD RETIREMENT AMENDMENTS OF 1973. //80 STAT. 383.// SUCH
REQUIREMENTS, ESTABLISHED PRUSUANT TO SECTION 553 OF TITLE 5 OF THE
UNITED STATES CODE (WITH TIME FOR COMMENT LIMITED SO AS TO MEET THE
REQUIRED DATE FOR ESTABLISHMENT AND SUBJECT TO FUTURE AMENDMENT OR
REVOCATION), SHALL BE DESIGNED TO FACILITATE FAIR AND EXPEDITIOUS ACTION
ON ANY SUCH PETITION AS REQUIRED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH
BY DISCLOSING SUCH INFORMATION AS THE AMOUNT NEEDED IN RATE INCREASES TO
OFFSET SUCH INCREASES IN EXPENSES AND THE AVAILABILITY OF MEANS OTHER
THAN A RATE INCREASE BY WHICH THE CARRIER MIGHT ABSORB OR OFFSET SUCH
INCREASES IN EXPENSES.
"(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSION
SHALL, WITHIN THIRTY DAYS OF THE FILING OF A VERIFIED PETITION IN
ACCORDANCE WITH RULES PROMULGATED UNDER SUBPARAGRAPH (A) OF THIS
PARAGRAPH, BY ANY CARRIER OR GROUP OF CARRIERS SUBJECT TO THIS PART,
PERMIT THE ESTABLISHMENT OF INCREASES IN THE GENERAL LEVEL OF THE
INTERSTATE RATES OF SAID CARRIER OR CARRIERS IN AN AMOUNT APPROXIMATING
THAT NEEDED TO OFFSET INCREASES IN EXPENSES THERETOFORE EXPERIENCED OR
DEMONSTRABLY CERTAIN TO OCCUR COMMENCING ON OR BEFORE THE EFFECTIVE DATE
OF THE INCREASED RATES, AS A RESULT OF ANY INCREASES IN TAXES UNDER THE
RAILROAD RETIREMENT TAX ACT, AS AMENDED, OCCURRING ON OR BEFORE JANUARY
1, 1975, OR AS A RESULT OF THE ENACTMENT OF THE RAILROAD RETIREMENT
AMENDMENTS OF 1973. SUCH INCREASES IN RATES MAY BE MADE EFFECTIVE ON
NOT MORE THAN THIRTY NOR LESS THAN TEN DAYS' NOTICE TO THE PUBLIC,
NOTWITHSTANDING ANY OUTSTANDING ORDERS OF THE COMMISSION. TO THE EXTENT
NECESSARY TO EFFECTUATE THEIR ESTABLISHMENT, RATES SO INCREASED SHALL BE
RELIEVED FROM THE PROVISIONS OF SECTION 4 OF THIS PART AND MAY BE
PUBLISHED IN TARIFF SUPPLEMENTS OF THE KIND ORDINARILY AUTHORIZED IN
GENERAL INCREASE PROCEEDINGS.
"(C) THE COMMISSION SHALL WITHIN SIXTY DAYS FROM THE DATE OF
ESTABLISHMENT OF INTERIM RATES UNDER PARAGRAPH (4)(B) OF THIS SECTION
COMMENCE HEARINGS FOR THE PURPOSE OF MAKING THE FINAL RATE
DETERMINATION. THE COMMISSION SHALL THEN PROCEED TO MAKE SUCH FINAL
RATE DETERMINATION WITH THE CARRIER HAVING THE BURDEN OF PROOF. IN
MAKING SUCH DETERMINATION, THE COMMISSION MAY TAKE INTO ACCOUNT ALL
FACTORS APPROPRIATE TO RATEMAKING GENERALLY UNDER PART I OF THIS ACT AND
SHALL DETERMINE SUCH FINAL RATES UNDER THE STANDARDS AND LIMITATIONS
APPLICABLE TO RATEMAKING GENERALLY UNDER PART I OF THIS ACT. //49 USC
1.// //87 STAT. 167// IF THE INCREASES IN RATES FINALLY AUTHORIZED BY
THE COMMISSION ARE LESS THAN THE INCREASES IN RATES INITIALLY MADE
EFFECTIVE, THE CARRIER OR CARRIERS SHALL, SUBJECT TO SUCH TARIFF
PROVISIONS AS THE COMMISSION SHALL DEEM SUFFICIENT, MAKE SUCH REFUNDS
(IN THE AMOUNT BY WHICH THE INITIALLY INCREASED RATE COLLECTED EXCEEDS
THE FINALLY AUTHORIZED INCREASED RATE) AS MAY BE ORDERED BY THE
COMMISSION, PLUS A REASONABLE RATE OF INTEREST AS DETERMINED BY THE
COMMISSION. NOTHING CONTAINED IN THIS PARAGRAPH SHALL LIMIT OR
OTHERWISE AFFECT THE AUTHORITY OF THE COMMISSION TO AUTHORIZE OR TO
PERMIT TO BECOME EFFECTIVE ANY INCREASE IN RATES OTHER THAN THE
INCREASES HEREIN SPECIFIED.
"(D) (A) THE STATE AUTHORITY HAVING JURISDICTION OVER PETITIONS FOR
INTRASTATE RATE INCREASES BY ANY CARRIER OR GROUP OF CARRIERS SUBJECT TO
PART I OF THIS ACT SHALL, WITHIN 60 DAYS OF THE FILING OF A VERIFIED
PETITION FOR SUCH INCREASES BASED UPON INCREASES IN EXPENSES OF SUCH
CARRIERS AS A RESULT OF ANY INCREASES IN TAXES UNDER THE RAILROAD
RETIREMENT TAX ACT, //ANTE, P. 162.// AS AMENDED, OCCURRING ON OR BEFORE
JANUARY 1, 1975, OR AS A RESULT OF THE ENACTMENT OF THE RAILROAD
RETIREMENT AMENDMENTS OF 1973, //26 USC 3201. ANTE, P. 166.// ACT UPON
SAID PETITION. SUCH STATE AUTHORITY MAY GRANT AN INTERIM RATE INCREASE
OR A FINAL RATE INCREASE. IF SUCH STATE AUTHORITY GRANTS ANY INTERIM
RATE INCREASES, IT SHALL THEREAFTER INVESTIGATE AND DETERMINE THE
REASONABLENESS OF SUCH INCREASES AND MODIFY THEM TO THE EXTENT REQUIRED
BY APPLICABLE LAW. TO THE EXTENT THAT ANY SUCH INTERIM INCREASES ARE
REDUCED AS A RESULT OF THE ACTION OF A STATE AUTHORITY, THE CARRIER OR
CARRIERS SHALL MAKE SUCH REFUNDS (IN THE AMOUNT BY WHICH THE INITIALLY
INCREASED RATE COLLECTED EXCEEDS THE FINALLY AUTHORIZED INCREASED RATE)
AS MAY BE ORDERED BY SUCH STATE AUTHORITY, PLUS A REASONABLE RATE OF
INTEREST AS DETERMINED BY THE STATE AUTHORITY.
"(B) IF A STATE AUTHORITY DENIES IN TOTO SUCH A PETITION FILED WITH
IT BY SUCH CARRIER OR GROUP OF CARRIERS SEEKING RELIEF REGARDING SUCH
INTRASTATE RATE INCREASES OR DOES NOT ACT FINALLY ON SUCH PETITION
WITHIN 60 DAYS FROM THE PRESENTATION THEREOF, THE COMMISSION SHALL,
WITHIN 30 DAYS OF THE FILING OF A VERITIED PETITION BY SUCH CARRIER OR
GROUP OF CARRIERS RELATING TO SUCH INTRASTATE RATES, ACT UPON SUCH
PETITION BY APPLYING THE RATEMAKING CRITERIA OF SUBPARAGRAPH (4) (C) OF
THIS PARAGRAPH. IF THE COMMISSION GRANTS, IN WHOLE OR IN PART, SUCH
PETITION BY ANY CARRIER OR GROUP OF CARRIERS, THE INCREASE AUTHORIZED
SHALL BE CONSIDERED AS AN INTERIM RATE INCREASE AS PROVIDED IN
SUBPARAGRAPH (A) ABOVE AND SHALL BE SUBJECT TO FINAL DETERMINATION BY
THE STATE AUTHORITY IN ACCORDANCE WITH THE PROCEDURES PRESCRIBED FOR
INTERIM INTRASTATE RATE INCREASES AS PROVIDED ABOVE, INCLUDING THE
ORDERING OF REFUNDS OF SUCH STATE AUTHORITY.
"(C) IF A STATE AUTHORITY DENIES IN PART SUCH A PETITION FILED WITH
IT BY SUCH CARRIER OR GROUP OF CARRIERS, WITHIN 60 DAYS FROM THE
PRESENTATION THEREOF, THE COMMISSION SHALL, WITHIN 30 DAYS OF THE FILING
OF A VERIFIED PETITION BY SUCH CARRIER OR GROUP OF CARRIERS RELATING TO
THE INTRASTATE RATES INVOLVED, ACT UPON SUCH PETITION BY APPLYING THE
CRITERIA OF SECTION 13(4) OF THIS PART. //72 STAT. 570. 49 USC 13.//
"(D) NOTHING IN SUBPARAGRAPH (A) OR (B) SHALL BE CONSTRUED TO
ABROGATE THE AUTHORITY OF THE COMMISSION UNDER SECTION 13(4) OF THIS
PART AND IN THE EVENT A CARRIER OR GROUP OF CARRIERS SUBJECT TO A REFUND
REQUIREMENT UNDER SUBPARAGRAPH (A) OR (B) FILES A PETITION UNDER SECTION
13(3), THE REFUND REQUIREMENT SHALL BE STAYED PENDING FINAL ORDER OF THE
COMMISSION UNDER SECTION 13(4) OF THIS PART.
"(E) ANY INCREASED FREIGHT RATES AUTHORIZED SHALL NOT EXCEED A
REASONABLE LEVEL BY TYPES OF TRAFFIC, COMMODITIES, OR COMMODITY GROUPS
AND SHALL PRESERVE EXISTING MARKET PATTERNS AND RELATIONSHIPS AND
PRESENT PORT RELATIONSHIPS BY INCREASE LIMITATIONS WITHIN AND BETWEEN
THE MAJOR DISTRICTS TO THE EXTENT POSSIBLE WITHOUT AUTHORIZING
UNREASONABLE INCREASES IN ANY DISTRICT." //87 STAT. 168//
SEC. 202. THIS TITLE MAY BE CITED AS THE "RAILROAD RATE ADJUSTMENT
ACT OF 1973".
SEC. 301. IF ANY PROVISION OF THIS ACT OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCES SHOULD BE HELD INVALID, THE REMAINDER OF
SUCH ACT OR THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR
CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 204 (COMM. ON INTERSTATE
AND FOREIGN COMMERCE) AND NO. 93 - 319 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 202 (COMMITTEES OF LABOR
AND PUBLIC WELFARE AND FINANCE) AND NO. 93 - 221 (COMM. ON
COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 22, CONSIDERED AND PASSED HOUSE. JUNE 19, CONSIDERED AND
PASSED SENATE. JUNE 22, SENATE AGREED TO CONFERENCE REPORT. JUNE
28, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-69, 87 STAT. 162, RAILROAD RETIREMENT AMENDMENTS OF
1973. (TITLE I)
TO AMEND THE RAILROAD RETIREMENT ACT OF 1937 AND THE RAILROAD
RETIREMENT TAX ACT TO REVISE CERTAIN ELIGIBILITY CONDITIONS FOR
ANNUITIES; TO CHANGE THE RAILROAD RETIREMENT TAX RATES; AND TO
AMEND THE INTERSTATE COMMERCE ACT IN ORDER TO IMPROVE THE
PROCEDURES PERTAINING TO CERTAIN RATE ADJUSTMENTS FOR CARRIERS
SUBJECT TO PART I OF THE ACT, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 101, SECTION 2(A) OF THE RAILROAD RETIREMENT ACT OF 1937 IS
AMENDED--
(1) BY STRIKING OUT "WOMEN" IN PARAGRAPH 2 AND INSERTING IN
LIEU THEREOF "INDIVIDUALS";
(2) BY STRIKING OUT "MEN WHO WILL HAVE ATTAINED THE AGE OF
SIXTY AND WILL HAVE COMPLETED THIRTY YEARS OF SERVICE, OR
INDIVIDUALS" IN PARAGRAPH 3 AND INSERTING IN LIEU THEREOF
"INDIVIDUALS"; //60 STAT. 727; 75 STAT. 585. 45 USC 228B.// AND
(3) BY STRIKING OUT "SUCH MEN OR" IN PARAGRAPH 3 THEREOF.
SEC. 102. (A) SECTION 3201 OF THE INTERNAL REVENUE CODE OF 1954
(RELATING TO THE RATE OF TAX ON EMPLOYEES UNDER THE RAILROAD RETIREMENT
TAX ACT) IS AMENDED BY STRIKING OUT ALL THAT APPEARS THEREIN AND
INSERTING IN LIEU THEREOF THE FOLLOWING: //73 STAT. 28; 80 STAT 1078.
26 USC 3201.//
"IN ADDITION TO OTHER TAXES, THERE IS HEREBY IMPOSED ON THE INCOME OF
EVERY EMPLOYEE A TAX EQUAL TO THE RATE OF THE TAX IMPOSED WITH RESPECT
TO WAGES BY SECTION 3101 (A) OF THE INTERNAL REVENUE CODE OF 1954 PLUS
THE RATE IMPOSED BY SECTION 3101 (B) OF SUCH CODE OF SO MUCH OF THE
COMPENSATION PAID TO SUCH EMPLOYEE FOR SERVICES RENDERED BY HIM AFTER
SEPTEMBER 30, 1973, AS IS NOT IN EXCESS OF AN AMOUNT EQUAL TO
ONE-TWELFTH OF THE CURRENT MAXIMUM ANNUAL TAXABLE 'WAGES' AS DEFINED IN
SECTION 3121 OF THE INTERNAL REVENUE CODE OF 1954 FOR ANY MONTH AFTER
SEPTEMBER 30, 1973." //68A STAT. 417; 86 STAT. 419, 1365.//
(B) SECTION 3202 (A) OF SUCH CODE IS AMENDED--
(1) BY STRIKING OUT "1965" WHEREEVER IT APPEARS IN THE SECOND
SENTENCE THEREOF AND INSERTING IN LIEU THEREOF "1973); //80 STAT.
1088.//
(2) BY STRIKING OUT "(I) $450, OR (II)" WHEREEVER IT APPEARS IN
THE SECOND SENTENCE THEREOF; AND
(3) BY STRIKING OUT ",WHICHEVER IS GREATER," WHEREEVER IT
APPEARS IN THE SECOND SENTENCE THEREOF.
(C) SECTION 3211 (A) OF SUCH CODE (RELATING TO THE RATE OF TAX ON
EMPLOYEE REPRESENTATIVES UNDER THE RAILROAD RETIREMENT TAX ACT) IS
AMENDED BY STRIKING OUT ALL THAT APPEARS THEREIN AND INSERTING IN LIEU
THEREOF THE FOLLOWING: //73 STAT. 29; 80 STAT. 1078, 1088.//
"(A) IN ADDITION TO OTHER TAXES, THERE IS HEREBY IMPOSED ON THE
INCOME OF EACH EMPLOYEE REPRESENTATIVE A TAX EQUAL TO 9.5 PERCENT PLUS
THE SUM OF THE RATES OF TAX IMPOSED WITH RESPECT TO WAGES BY SECTIONS
3101(A), 3101(B), 3111(A), 3111(B) OF THE INTERNAL REVENUE CODE OF 1954
OF SO MUCH OF THE COMPENSATION PAID TO SUCH EMPLOYEE REPRESENTATIVE FOR
SERVICES RENDERED BY HIM AFTER SEPTEMBER 30, 1973, AS IS NOT IN EXCESS
OF AN AMOUNT EQUAL TO ONE-TWELFTH OF THE CURRENT MAXIMUM ANNUAL TAXABLE
'WAGES' AS DEFINED IN SECTION 3121 OF THE INTERNAL REVENUE CODE OF 1954
FOR ANY MONTH AFTER SEPTEMBER 30, 1973."
(D) SECTION 3221(A) OF SUCH CODE (RELATING TO THE RATE OF TAX ON
EMPLOYERS UNDER THE RAILROAD RETIREMENT TAX ACT) IS AMENDED BY STRIKING
OUT "IN ADDITION TO OTHER TAXES" AND ALL THAT FOLLOWS TO "EXCEPT THAT"
AND INSERTING IN LIEU THEREOF THE FOLLOWING: //87 STAT. 163//
"IN ADDITION TO OTHER TAXES, THERE IS HEREBY IMPOSED ON EVERY
EMPLOYER AN EXCISE TAX, WITH RESPECT TO HAVING INDIVIDUALS IN HIS
EMPLOY, EQUAL TO 9.5 PERCENT OF SO MUCH OF THE COMPENSATION PAID BY SUCH
EMPLOYER FOR SERVICES RENDERED TO HIM AFTER SEPTEMBER 30, 1973, AS IS,
WITH RESPECT TO ANY EMPLOYEE FOR ANY CALENDAR MONTH, NOT IN EXCESS OF AN
AMOUNT EQUAL TO ONE-TWELFTH OF THE CURRENT MAXIMUM ANNUAL TAXABLE
'WAGES' AS DEFINED IN SECTION 3121 OF THE INTERNAL REVENUE CODE OF 1954
FOR ANY MONTH AFTER SEPTEMBER 30, 1973,". //68A STAT. 417; 86 STAT.
419, 1365. 26 USC 3121.//
(E) SECTION 3221(A) OF SUCH CODE, AS AMENDED BY SECTION 102(D) OF
THIS ACT, IS FURTHER AMENDED--
(1) BY STRIKING OUT "1965" WHEREVER IT APPEARS IN THE FIRST
SENTENCE THEREOF AND INSERTING IN LIEU THEREOF "1973";
(2) BY STRIKING OUT "(I) $450, OR (II)" WHEREVER IT APPEARS IN
THE FIRST SENTENCE THEREOF; AND
(3) BY STRIKING OUT ",WHICHEVER IS GREATER," WHEREVER IT
APPEARS IN THE FIRST SENTENCE THEREOF.
(F) SECTION 3221(B) OF SUCH CODE IS AMENDED BY STRIKING OUT ALL THAT
APPEARS THEREIN AND INSERTING IN LIEU THEREOF THE FOLLOWING: //73 STAT.
29.//
"(B) THE RATE OF TAX IMPOSED BY SUBSECTION (A) SHALL BE INCREASED;
WITH RESPECT TO COMPENSATION PAID FOR SERVICES RENDERED AFTER SEPTEMBER
30, 1973, BY THE RATE OF TAX IMPOSED WITH RESPECT TO WAGES BY SECTION
3111(A) OF THE INTERNAL REVENUE CODE OF 1954 PLUS THE RATE IMPOSED BY
SECTION 3111(B) OF SUCH CODE." //79 STAT. 396; 86 STAT. 1364.//
SEC. 103. (A) SECTION 6 OF PUBLIC LAW 91 - 377, AS AMENDED BY SECTION
8(C) OF PUBLIC LAW 92 - 46, IS FURTHER AMENDED BY STRIKING OUT "JUNE 30,
1973" EACH TIME THAT DATE APPEARS AND INSERTING IN LIEU THEREOF
"DECEMBER 31, 1974."
(B) SECTION 8(B) OF PUBLIC LAW 92 - 46 IS AMENDED BY STRIKING OUT
"JUNE 30, 1973" EACH TIME THAT DATE APPEARS AND INSERTING IN LIEU
THEREOF "DECEMBER 31, 1974." //84 STAT. 792; 85 STAT. 102. 45 SC 228C
NOTE.//
(C) SECTION 5(B) OF PUBLIC LAW 92 - 460 IS AMENDED BY STRIKING OUT
"JUNE 30, 1973" EACH TIME THAT DATE APPEARS AND INSERTING IN LIEU
THEREOF "DECEMBER 31, 1974". //86 STAT. 767. 45 USC 228C NOTE.//
SECTION. 104. (A) SECTION 3(A) OF THE RAILROAD RETIREMENT ACT OF 1937
IS AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH:
//82 STAT. 17; 86 STAT. 765. 45 USC 228C.//
"(6) IF TITLE II OF THE SOCIAL SECURITY ACT IS AMENDED TO PROVIDE AN
INCREASE IN BENEFITS PAYABLE THEREUNDER AT ANY TIME DURING THE PERIOD
JULY 1, 1973, THROUGH DECEMBER 31, 1974, //42 USC 401.// THE
INDIVIDUAL'S ANNUITY COMPUTED UNDER THE PRECEDING PROVISIONS OF THIS
SUBSECTION AND THAT PART OF SUBSECTION (E) OF THIS SECTION WHICH
PRECEDES THE FIRST PROVISO SHALL BE INCREASED IN AN AMOUNT EQUAL TO THE
DIFFERENCE BETWEEN (I) THE AMOUNT "BEFORE ANY REDUCTION ON ACCOUNT OF
AGE) WHICH WOULD BE PAYABLE TO SUCH INDIVIDUAL UNDER THE THEN CURRENT
LAW IF HIS OR HER ANNUITY WERE COMPUTED UNDER THE FIRST PROVISO OF
SECTION 3(E) OF THIS ACT, WITHOUT REGARD TO THE WORDS 'PLUS 10 PER
CENTUM OF SUCH AMOUNT' CONTAINED THEREIN; AND (II) THE AMOUNT (BEFORE
ANY REDUCTION ON ACCOUNT OF AGE) WHICH WOULD HAVE BEEN PAYABLE TO SUCH
INDIVIDUAL UNDER THE LAW AS IN EFFECT PRIOR TO JULY 1, 1973, IF HIS OR
HER ANNUITY HAD BEEN COMPUTED UNDER SUCH FIRST PROVISO OF SECTION 3(C)
OF THIS ACT, WITHOUT REGARD TO THE WORDS 'PLUS 10 PER CENTUM OF SUCH
TOTAL AMOUNT' CONTAINED THEREIN (ASSUMING FOR THIS PURPOSE THAT THE
ELIGIBILITY CONDITIONS AND THE PROPORTIONS OF THE PRIMARY INSURANCE
AMOUNTS PAYABLE UNDER THE THEN CURRENT SOCIAL SECURITY ACT HAD BEEN IN
EFFECT PRIOR TO JULY 1, 1973): //42 USC 1305.// PROVIDED, HOWEVER,
THAT, IN COMPUTING SUCH AMOUNT, ONLY THE SOCIAL SECURITY BENEFITS WHICH
WOULD HAVE BEEN PAYABLE TO THE INDIVIDUAL WHOSE ANNUITY IS BEING
COMPUTED UNDER THIS ACT SHALL BE TAKEN INTO ACCOUNT: PROVIDED FURTHER,
THAT IF AN ANNUITY ACCRUES TO AN INDIVIDUAL FOR A PART OF A MONTH THE
ADDED AMOUNT PAYABLE FOR SUCH PART OF A MONTH, UNDER THIS SECTION SHALL
BE ONE-THIRTIETH OF THE ADDED AMOUNT PAYABLE UNDER THIS SECTION FOR AN
ENTIRE MONTH, MULTIPLIED BY THE NUMBER OF DAYS IN SUCH PART OF A MONTH.
//87 STAT. 164// IF WAGES OR COMPENSATION PRIOR TO 1951 ARE USED IN
MAKING ANY COMPUTATION REQUIRED BY THIS PARAGRAPH, THE RAILROAD
RETIREMENT BOARD SHALL HAVE THE AUTHORITY TO APPROXIMATE THE PRIMARY
INSURANCE AMOUNT TO BE UTILIZED IN MAKING SUCH COMPUTATION. IN MAKING
ANY COMPUTATION REQUIRED BY THIS PARAGRAPH, ANY BENEFIT TO WHICH AN
INDIVIDUAL MAY BE ENTITLED UNDER TITLE II OF THE SOCIAL SECURITY ACT
SHALL BE DISREGARDED. //42 USC 401.// FOR PURPOSES OF THIS PARAGRAPH,
INDIVIDUALS ENTITLED TO AN ANNUITY UNDER SECTION 2(A) (2) OF THIS ACT
SHALL BE DEEMED TO BE AGE 65, //45 USC 228B.// AND INDIVIDUALS ENTITLED
TO AN ANNUITY UNDER SECTION 2(A) (3) OF THIS ACT WHO HAVE NOT ATTAINED
AGE 62 SHALL BE DEEMED TO BE AGE 62. INDIVIDUALS ENTITLED TO ANNUITIES
UNDER SECTION 2(A)(4) OR 2(A)(5) OF THIS ACT FOR WHOM NO DISABILITY
FREEZE HAS BEEN GRANTED SHALL BE TREATED IN THE SAME MANNER FOR PURPOSES
OF THIS PARAGRAPH AS INDIVIDUALS ENTITLED TO ANNUITIES UNDER SECTION
2(A)(4) OR 2(A)(5) FOR WHOM A DISABILITY FREEZE HAS BEEN GRANTED. IN
THE CASE OF AN INDIVIDUAL WHO IS ENTITLED TO AN ANNUITY UNDER THIS ACT
BUT WHOSE ANNUITY IS BASED ON INSUFFICIENT QUARTERS OF COVERAGE TO HAVE
A BENEFIT COMPUTED EITHER ACTUALLY OR POTENTIALLY, UNDER THE FIRST
PROVISO OF SECTION 3(A) OF THIS ACT, THE AVERAGE MONTHLY WAGE TO BE USED
IN DETERMINING THE AMOUNT TO BE ADDED TO THE ANNUITY OF SUCH INDIVIDUAL
SHALL BE EQUAL TO THE AVERAGE MONTHLY COMPENSATION OR THE AVERAGE
MONTHLY EARNINGS, WHICHEVER IS APPLICABLE, USED TO ENTER THE TABLE IN
SECTION 3(A)(2) OF SUCH ACT FOR PURPOSES OF COMPUTING OTHER PORTIONS OF
SUCH INDIVIDUAL'S ANNUITY."
(B) SECTION 2(E) OF THE RAILROAD RETIREMENT ACT OF 1937 IS AMENDED--
(1) BY STRIKING OUT "SECTION 3(A), (3), (4), OR (5) OF THIS
ACT" AND INSERTING IN LIEU THEREOF "SECTION 3(A), (3), (4), (5),
OR (6) OF THIS ACT"; //86 STAT. 765. 45 USC 228B.//
(2) BY STRIKING OUT THE SECOND SENTENCE OF THE LAST PARAGRAPH;
AND
(3) BY ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH:
"THE SPOUSE'S ANNUITY COMPUTED UNDER THE OTHER PROVISIONS OF THIS
SECTION SHALL (BEFORE ANY REDUCTION ON ACCOUNT OF AGE) BE INCREASED IN
AN AMOUNT DETERMINED BY THE METHOD OF COMPUTING INCREASES SET FORTH IN
SUBSECTION (A) (6) OF SECTION 3. //ANTE, P. 163.// THE PRECEDING
SENTENCE AND THE OTHER PROVISIONS OF THIS SUBSECTION SHALL NOT OPERATE
TO INCREASE THE ANNUITY OF A SPOUSE (BEFORE ANY REDUCTION ON ACCOUNT OF
AGE) TO AN AMOUNT IN EXCESS OF THE MAXIMUM AMOUNT OF A SPOUSE'S ANNUITY
AS PROVIDED IN THE FIRST SENTENCE OF THIS SUBSECTION. THIS PARAGRAPH
SHALL BE DISREGARDED IN THE APPLICATION OF THE PRECEDING THREE
PARAGRAPHS."
(C) SECTION 2(I) OF THE RAILROAD RETIREMENT ACT OF 1937 IS AMENDED BY
STRIKING OUT "THE LAST PARAGRAPH PLUS THE TWO PRECEDING PARAGRAPHS" AND
INSERTING IN LIEU THEREOF "THE LAST PARAGRAPH PLUS THE THREE PRECEDING
PARAGRAPHS." //45 USC 228B.//
(D) SECTION 5 OF THE RAILROAD RETIREMENT ACT OF 1937 IS AMENDED BY
INSERTING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(Q) A SURVIVOR'S ANNUITY COMPUTED UNDER THE PRECEDING PROVISIONS OF
THIS SECTION SHALL BE INCREASED IN AN AMOUNT DETERMINTED BY THE METHOD
OF COMPUTING INCREASES SET FORTH IN SUBSECTION (A) (6) OF SECTION 3:
//86 STAT. 766. 45 USC 228E.// PROVIDED, HOWEVER, THAT IN COMPUTING SUCH
AN AMOUNT FOR AN INDIVIDUAL ENTITLED TO AN ANNUITY UNDER SUBSECTION 5(A)
(2), THE 90.75 PER CENTUM FIGURE APPEARING IN THE THIRD PARAGRAPH OF
SECTION 3(E) OF THIS ACT SHALL BE DEEMED TO BE 82.5 PER CENTUM." //82
STAT. 19. 45 USC 228C.//
SEC. 105. IF TITLE II OF THE SOCIAL SECURITY ACT IS AMENDED TO
PROVIDE AN INCREASE IN BENEFITS PAYABLE THEREUNDER AT ANY TIME DURING
THE PERIOD JULY 1, 1973, THROUGH DECEMBER 31, 1974, THE PENSION OF EACH
INDIVIDUAL UNDER SECTION 6 OF THE RAILROAD RETIREMENT ACT OF 1937, //50
STAT. 312. 45 USC 228F. 49 STAT. 967. 45 USC 215// AND THE ANNUITY OF
EACH INDIVIDUAL UNDER THE RAILROAD RETIREMENT ACT OF 1935 SHALL BE
INCREASED IN AN AMOUNT DETERMINED BY THE METHOD OF COMPUTING INCREASES
SET FORTH IN SUBSECTION (A) OF SECTION 104 OF THIS ACT, //ANTE, P.
163.// DEEMING FOR THIS PURPOSE THE AVERAGE MONTHLY EARNINGS (IN THE
CASE OF A PENSION) OR THE AVERAGE MONTHLY COMPENSATION (IN THE CASE OF
AN ANNUITY UNDER THE RAILROAD RETIREMENT ACT OF 1935) WHICH WOULD BE
USED TO COMPUTE THE BASIC AMOUNT IF THE INDIVIDUAL WERE TO DIE TO BE THE
AVERAGE MONTHLY WAGE.
SEC. 106. ALL RECERTIFICATIONS REQUIRED BY REASON OF THE AMENDMENTS
MADE BY SECTION 104 AND 105 OF THIS ACT SHALL BE MADE BY THE RAILROAD
RETIREMENT BOARD WITHOUT APPLICATION THEREFOR.
SEC. 107. (A) FOR THE PURPOSE OF PREPARING AND SUBMITTING THE REPORT
PROVIDED FOR IN SUBSECTION (C), IT SHALL BE THE DUTY AND RESPONSIBILITY
OF REPRESENTATIVES OF EMPLOYEES TO DESIGNATE (WITHIN THE THIRTY-DAY
PERIOD COMMENCING ON THE DATE OF ENACTMENT OF THIS ACT) AND NOTIFY THE
SENATE COMMITTEE ON LABOR AND PUBLIC WELFARE AND THE HOUSE COMMITTEE ON
INTERSTATE AND FOREIGN COMMERCE OF THE IDENTITY (BY NAME AND POSITION)
OF THE LABOR MEMBERS, AND OF REPRESENTATIVES OF CARRIERS TO DESIGNATE
(WITHIN SUCH THIRTY-DAY PERIOD) AND NOTIFY SUCH COMMITTEES OF THE
IDENTITY (BY NAME AND POSITION) OF THE MANAGEMENT MEMBERS, WHO SHALL
COMPOSE THE GROUP AUTHORIZED TO PREPARE IN THEIR BEHALF, THE REPORT
PROVIDED FOR IN SUBSECTION (C).
(B) THE GROUP SO AUTHORIZED TO PREPARE THE REPORT PROVIDED FOR IN
SUBSECTION (C) SHALL--
(1) HOLD SUCH MEETINGS (WHICH SHALL NOT BE LESS OFTEN THAN ONCE
EACH MONTH) AS MAY BE NECESSARY TO ASSURE THAT SUCH REPORT WILL BE
SUBMITTED WITHIN THE TIME PROVIDED, AND CONTAIN THE MATERIAL
PRESCRIBED, UNDER SUBSECTION (C); AND
(2) SUBMIT TO SUCH COMMITTEES ON SEPTEMBER 1, 1973, NOVEMBER 1,
1973, AND JANUARY 1, 1974, INTERIM REPORTS AS TO THE PROGRESS
BEING MADE TOWARD COMPLETION OF THE REPORT PROVIDED FOR IN
SUBSECTION (C); EXCEPT THAT NO SUCH INTERIM REPORT SHALL BE
SUBMITTED AFTER THE SUBMISSION OF THE REPORT PROVIDED FOR IN
SUBSECTION (C).
(C)(1) NOT LATER THAN APRIL 1, 1974, REPRESENTATIVES OF EMPLOYEES AND
REPRESENTATIVES OF CARRIERS, ACTING THROUGH THE GROUP DESIGNATED BY THEM
PURSUANT TO SUBSECTION (A), SHALL SUBMIT TO SUCH COMMITTEES A REPORT
CONTAINING THEIR JOINT RECOMMENDATIONS FOR RESTRUCTURING THE RAILROAD
RETIREMENT SYSTEM IN A MANNER WHICH WILL ASSURE THE LONG-TERM ACTUARIAL
SOUNDNESS OF SUCH SYSTEM, WHICH RECOMMENDATIONS SHALL TAKE INTO ACCOUNT
THE SPECIFIC RECOMMENDATIONS OF THE COMMISSION ON RAILROAD RETIREMENT.
(2) THE JOINT RECOMMENDATIONS CONTAINED IN SUCH REPORT SHALL BE
SPECIFIC AND SHALL BE PRESENTED IN THE FORM OF A DRAFT BILL.
SEC. 108. THE CONGRESS HEREBY DECLARES ITS INTENT TO ENACT
LEGISLATION IN 1974, EFFECTIVE NOT LATER THAN JANUARY 1, 1975, WHICH
WILL ASSURE THE LONG-TERM ACTUARIAL SOUNDNESS OF THE RAILROAD RETIREMENT
SYSTEM.
SEC. 109. (A) THE AMENDMENTS MADE BY SECTION 101 OF THIS ACT SHALL
BECOME EFFECTIVE ON JULY 1, 1974: PROVIDED, HOWEVER, THAT THOSE
AMENDMENTS SHALL NOT APPLY TO INDIVIDUALS WHOSE ANNUITIES BEGAN TO
ACCRUE PRIOR TO THAT DATE.
(B) THE AMENDMENTS MADE BY SECTION 102 OF THIS ACT SHALL BECOME
EFFECTIVE ON OCTOBER 1, 1973, AND SHALL APPLY ONLY WITH RESPECT TO
COMPENSATION PAID FOR SERVICES RENDERED ON OR AFTER THAT DATE:
PROVIDED, HOWEVER, THAT SUCH AMENDMENTS SHALL NOT BE APPLICABLE TO ANY
DOCK COMPANY, COMMON CARRIER RAILROAD, OR RAILWAY LABOR ORGANIZATION
DESCRIBED IN SECTION 1(A) OF THE RAILROAD RETIREMENT ACT OF 1937, //50
STAT. 307. 45 USC 228A.// WITH RESPECT TO THOSE OF ITS EMPLOYEES COVERED
AS OF OCTOBER 1, 1973, BY A PRIVATE SUPPLEMENTAL PENSION PLAN
ESTABLISHED THROUGH COLLECTIVE BARGAINING, WHERE A MORATORIUM IN AN
AGREEMENT MADE ON OR BEFORE MARCH 8, 1973, IS APPLICABLE TO CHANGES IN
RATES OF PAY CONTAINED IN THE CURRENT COLLECTIVE-BARGAINING AGREEMENT
COVERING SUCH EMPLOYEES, UNTIL THE EARLIER OF (1) THE DATE AS OF WHICH
SUCH MORATORIUM EXPIRES, OR (2) THE DATE AS OF WHICH SUCH DOCK COMPANY,
COMMON CARRIER RAILROAD, OR RAILWAY LABOR ORGANIZATION AGREES THROUGH
COLLECTIVE BARGAINING TO MAKE THE PROVISIONS OF SUCH AMENDMENTS
APPLICABLE. //87 STAT. 166//
(C) THE AMENDMENTS MADE BY SECTIONS 103 AND 104 OF THIS ACT SHALL BE
EFFECTIVE ON THE ENACTMENT DATE OF THIS ACT: //ANTE, P. 163.//
PROVIDED, HOWEVER, THAT ANY INCREASES IN ANNUITIES OR PENSIONS RESULTING
FROM THE PROVISIONS OF SECTIONS 104 AND 105 OF THIS ACT SHALL BE
EFFECTIVE ON THE SAME DATE OR DATES AS THE BENEFIT INCREASES UNDER TITLE
II OF THE SOCIAL SECURITY ACT WHICH GAVE RISE TO SUCH ANNUITY OR PENSION
INCREASES ARE EFFECTIVE. //42 USC 401.//
SEC. 110. THIS TITLE MAY BE CITED AS THE "RAILROAD RETIREMENT
AMENDMENTS OF 1973".
PUBLIC LAW 93-68, 87 STAT. 161
TO EXTEND THE TIME FOR CONDUCTING THE REFERENDUM
WITH RESPECT TO THE NATIONAL MARKETING QUOTA FOR WHEAT FOR THE
MARKETING YEAR BEGINNING JULY 1, 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 336 OF THE
AGRICULTURAL ADJUSTMENT ACT OF 1938, AS AMENDED, IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING: "NOTWITHSTANDING ANY OTHER PROVISION
HEREOF THE REFERENDUM WITH RESPECT TO THE NATIONAL MARKETING QUOTA FOR
WHEAT FOR THE MARKETING YEAR BEGINNING JULY 1, 1974, MAY BE CONDUCTED
NOT LATER THAN THE EARLIER OF THE FOLLOWING: (1) THIRTY DAYS AFTER
ADJOURNMENT SINE DIE OF THE FIRST SESSION OF THE NINETY-THIRD CONGRESS;
OR (2) OCTOBER 15, 1973.". //84 STAT. 969. 7 USC 1336.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 297 (COMM. ON AGRICULTURE). -
SENATE REPORT NO. 93 - 200 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 12, CONSIDERED AND PASSED SENATE. JUNE 28, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-67, 87 STAT. 161
AUTHORIZING FURTHER APPROPRIATIONS TO THE SECRETARY OF THE
INTERIOR FOR SERVICES NECESSARY TO THE NONPERFORMING ARTS
FUNCTIONS OF THE JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS,
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 SECOND SENTENCE
OF SUBSECTION (E) OF SECTION 6 OF THE JOHN F. KENNEDY CENTER ACT (72
STAT. 1698), AS AMENDED, IS AMENDED TO READ AS FOLLOWS: //86 STAT.
222.// "THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED FOR THE PURPOSE
OF CARRYING OUT THIS SUBSECTION, NOT TO EXCEED $2,400,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, AND $2,500,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1975."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 210 ACCOMPANYING H. R. 5858 (COMM. ON
PUBLIC WORKS).
SENATE REPORT NO. 93 - 241 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 30, H. R. 5858 CONSIDERED AND PASSED HOUSE. JUNE 27,
CONSIDERED AND PASSED SENATE JUNE 29, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-66, 87 STAT. 152
TO EXTEND THE RENEGOTIATION ACT OF 1951 FOR ONE YEAR, 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 102 (C) (1)
OF THE RENEGOTIATION ACT OF 1951 (50 U.S.C. APP., SEC. 1212 (C) (1) IS
AMENDED BY STRIKING OUT "JUNE 30, 1973" AND INSERTING IN LIEU THEREOF
"JUNE 30, 1974". //70 STAT. 786; 85 STAT. 97.//
SEC. 201. (A) (1) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
(HEREINAFTER IN THIS SECTION REFERRED TO AS THE "SECRETARY") SHALL, IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, INCREASE THE MONTHLY
BENEFITS AND LUMP-SUM DEATH PAYMENTS PAYABLE UNDER TITLE II OF THE
SOCIAL SECURITY ACT BY THE PERCENTAGE BY WHICH THE CONSUMER PRICE INDEX
PREPARED BY THE DEPARTMENT OF LABOR FOR THE MONTH OF JUNE 1973 EXCEEDS
SUCH INDEX FOR THE MONTH OF JUNE 1972. //42 U.S.C. 401.//
(2) THE PROVISIONS OF THIS SECTION (AND THE INCREASE IN BENEFITS MADE
HEREUNDER) SHALL BE EFFECTIVE, IN THE CASE OF MONTHLY BENEFITS UNDER
TITLE II OF THE SOCIAL SECURITY ACT, ONLY FOR MONTHS AFTER MAY 1974 AND
PRIOR TO JANUARY 1975, AND, IN THE CASE OF LUMP-SUM DEATH PAYMENTS UNDER
SUCH TITLE, ONLY WITH RESPECT TO DEATHS WHICH OCCUR AFTER MAY 1974 AND
PRIOR TO JANUARY 1975.
(B) THE INCREASE IN SOCIAL SECURITY BENEFITS AUTHORIZED UNDER THIS
SECTION SHALL BE PROVIDED, AND ANY DETERMINATIONS BY THE SECRETARY IN
CONNECTION WITH THE PROVISION OF SUCH INCREASE IN BENEFITS SHALL BE
MADE, IN THE MANNER PRESCRIBED IN SECTION 215 (I) OF THE SOCIAL SECURITY
ACT FOR THE IMPLEMENTATION OF COST-OF-LIVING INCREASES AUTHORIZED UNDER
TITLE II OF SUCH ACT, EXCEPT THAT THE AMOUNT OF SUCH INCREASE SHALL BE
BASED ON THE INCREASE IN THE CONSUMER PRICE INDEX DESCRIBED IN
SUBSECTION (A). //86 STAT. 412, 1334. 42 U.S.C. 415.//
(C) THE INCREASE IN SOCIAL SECURITY BENEFITS PROVIDED BY THIS SECTION
SHALL --
(1) NOT BE CONSIDERED TO BE AN INCREASE IN BENEFITS MADE UNDER
OR PURSUANT TO SECTION 215 (I) OF THE SOCIAL SECURITY ACT, AND
(2) NOT (EXCEPT FOR PURPOSES OF SECTION 302 (A) (2) OF SUCH
ACT, AS IN EFFECT AFTER MAY 1974) BE CONSIDERED TO BE A "GENERAL
BENEFIT INCREASE UNDER THIS TITLE" (AS SUCH TERM IS DEFINED IN
SECTION 215 (I) (3) OF SUCH ACT); //86 STAT. 415. 42 U.S.C.
403.//
AND NOTHING IN THIS SECTION SHALL BE CONSTRUED AS AUTHORIZING ANY
INCREASE IN THE "CONTRIBUTION AND BENEFIT BASE" (AS THAT TERM IS
EMPLOYED IN SECTION 230 OF SUCH ACT), OR ANY INCREASE IN THE "EXEMPT
AMOUNT" (AS SUCH TERM IS USED IN SECTION 203 (F) (8) OF SUCH ACT). //86
STAT. 416,1370. 42 U.S.C. 430. 86 STAT. 1341.//
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE (DIRECTLY
OR INDIRECTLY) ANY INCREASE IN MONTHLY BENEFITS UNDER TITLE II OF THE
SOCIAL SECURITY ACT FOR ANY MONTH AFTER DECEMBER 1974, OR ANY INCREASE
IN LUMP-SUM DEATH PAYMENTS PAYABLE UNDER SUCH TITLE IN THE CASE OF
DEATHS OCCURRING AFTER DECEMBER 1974. THE RECOGNITION OF THE EXISTENCE
OF THE INCREASE IN BENEFITS AUTHORIZED BY THE PRECEDING SUBSECTIONS OF
THIS SECTION (DURING THE PERIOD IT WAS IN EFFECT) IN THE APPLICATION,
AFTER DECEMBER 1974, OF THE PROVISIONS OF SECTION 202 (Q) AND 203 (A) OF
SUCH ACT SHALL NOT, FOR PURPOSES OF THE PRECEDING SENTENCE, BE
CONSIDERED TO BE AN INCREASE IN A MONTHLY BENEFIT FOR A MONTH AFTER
DECEMBER 1974. //86 STAT. 1336. 72 STAT. 1017; 86 STAT. 1334. 42
U.S.C. 402, 403. 86 STAT. 1341.//
SEC. 202. (A) PARAGRAPHS (1) AND (4) AND (4) (B) OF SECTION 203 (F)
OF THE SOCIAL SECURITY ACT ARE EACH AMENDED BY STRIKING OUT "$175" AND
INSERTING IN LIEU THEREOF "$200".
(B) THE FIRST SENTENCE OF PARAGRAPH (3) OF SECTION 203 (F) OF SUCH
ACT IS AMENDED BY STRIKING OUT "$175" AND INSERTING IN LIEU THEREOF
($200".
(C) PARAGRAPH (1) (A) OF SECTION 203 (H) OF SUCH ACT IS AMENDED BY
STRIKING OUT "$175" AND INSERTING IN LIEU THEREOF "$200".
(D) THE AMENDMENTS MADE BY THIS SECTION SHALL BE EFFECTIVE WITH
RESPECT TO TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1973.
SEC. 203. (A) (1) SECTION 209 (A) (8) OF THE SOCIAL SECURITY ACT IS
AMENDED BY STRIKING OUT "$12,000" AND INSERTING IN LIEU THEREOF
"$12,600". //86 STAT 418. 42 U.S.C. 409.//
(2) SECTION 211 (B) (1) (H) OF SUCH ACT IS AMENDED BY STRIKING OUT
"$12,000" AND INSERTING IN LIEU THEREOF "$12,600". //42 U.S.C. 411.//
(3) SECTIONS 213 (A) (2) (II) AND 213 (A) (2) (III) OF SUCH ACT ARE
EACH AMENDED BY STRIKING OUT "$12,000" AND INSERTING IN LIEU THEREOF
"$12,600". //42 U.S.C. 413.//
(4) SECTION 215 (E) (1) OF SUCH ACT IS AMENDED BY STRIKING OUT
"$12,000" AND INSERTING IN LIEU THEREOF "$12,600". //42 U.S.C. 415.//
(B) (1) SECTION 1402 (H) (1) (H) OF THE INTERNAL REVENUE CODE OF 1954
(RELATING TO DEFINITION OF SELF-EMPLOYMENT INCOME) IS AMENDED BY
STRIKING OUT "$12,000" AND INSERTING IN LIEU THEREOF "$12,600". //86
STAT. 419. 26 U.S.C. 1402.//
(2) EFFECTIVE WITH RESPECT TO REMUNERATION PAID AFTER 1973, SECTION
3121 (A) (1) OF SUCH CODE IS AMENDED BY STRIKING OUT THE DOLLAR AMOUNT
EACH PLACE IT APPEARS THEREIN AND INSERTING IN LEIU THEREOF "$12,600".
(3) EFFECTIVE WITH RESPECT TO REMUNERATION PAID AFTER 1973, THE
SECOND SENTENCE OF SECTION 3122 OF SUCH CODE IS AMENDED BY STRIKING OUT
THE DOLLAR AMOUNT AND INSERTING IN LIEU THEREOF "$12,600".
(4) EFFECTIVE WITH RESPECT TO REMUNERATION PAID AFTER 1973, SECTION
3125 OF SUCH CODE IS AMENDED BY STRIKING OUT THE DOLLAR AMOUNT EACH
PLACE IT APPEARS IN SUBSECTIONS (A), (B), AND (C) AND INSERTING IN LIEU
THEREOF "$12,600).
(5) SECTION 6413 (C) (1) OF SUCH CODE (RELATING TO SPECIAL REFUNDS OF
EMPLOYMENT TAXES) IS AMENDED BY STRIKING OUT "$12,000" EACH PLACE IT
APPEARS AND INSERTING IN LIEU THEREOF "$12,600".
(6) SECTION 6413 (C) (2) (A) OF SUCH CODE (RELATING TO REFUNDS OF
EMPLOYMENT TAXES IN THE CASE OF FEDERAL EMPLOYEES) IS AMENDED BY
STRIKING OUT "$12,000" AND INSERTING IN LIEU THEREOF "$12,600".
(7) EFFECTIVE WITH RESPECT TO TAXABLE YEARS BEGINNING AFTER 1973,
SECTION 6654 (D) (2) (B) (II) OF SUCH CODE (RELATING TO FAILURE BY
INDIVIDUAL TO PAY ESTIMATED INCOME TAX) IS AMENDED BY STRIKING OUT THE
DOLLAR AMOUNT AND INSERTING IN LIEU THEREOF "$12,600".
(C) SECTION 230 (C) OF THE SOCIAL SECURITY ACT IS AMENDED BY STRIKING
OUT "$12,000" AND INSERTING IN LIEU THEREOF "$12,600". //86 STAT. 417.
42 U.S.C. 430.//
(D) PARAGRAPHS (2) (C), (3) (C), (4) (C), AND (7) (C) OF SECTION 203
(B) OF PUBLIC LAW 92 - 336 ARE EACH AMENDED BY STRIKING OUT "$12,000"
AND INSERTING IN LIEU THEREOF "$12,600". //86 STAT. 419. 26 U.S.C.
3121, 3122, 3125, 6654.//
(E) THE AMENDMENTS MADE BY THIS SECTION, EXCEPT SUBSECTION (A) (4),
SHALL APPLY ONLY WITH RESPECT TO REMUNERATION PAID AFTER, AND TAXABLE
YEARS BEGINNING AFTER, 1973. THE AMENDMENTS MADE BY SUBSECTION (A) (4)
SHALL APPLY WITH RESPECT TO CALENDAR YEARS AFTER 1973.
(F) EFFECTIVE JUNE 1, 1974, THE SECRETARY OF HEALTH, EDUCATION AND
WELFARE, SHALL PRESCRIBE AND PUBLISH IN THE FEDERAL REGISTER SUCH
MODIFICATIONS AND EXTENSIONS IN THE TABLE CONTAINED IN SECTION 215 (A)
OF THE SOCIAL SECURITY ACT (WHICH SHALL BE DETERMINED IN THE SAME MANNER
AS THE REVISIONS IN SUCH TABLE PROVIDED FOR UNDER SECTION 215 (I) (2)
(D) OF SUCH ACT) AS MAY BE NECESSARY TO REFLECT THE AMENDMENTS MADE BY
THIS SECTION; AND SUCH MODIFIED AND EXTENDED TABLE SHALL BE DEEMED TO
BE THE TABLE APPEARING IN SUCH SECTION 215 (A). //86 STAT. 406, 1369.
42 U.S.C. 415. 86 STAT. 414.//
SEC. 210. (A) SECTION 1611 (A) (1) (A) AND SECTION 1611 (B) (1) OF
THE SOCIAL SECURITY ACT (AS ENACTED BY SECTION 301 OF THE SOCIAL
SECURITY AMENDMENTS OF 1972) ARE EACH AMENDED BY STRIKING OUT "$1,560"
AND INSERTING IN LIEU THEREOF "$1,680". //86 STAT. 1466. 42 U.S.C.
1382.//
(B) SECTION 1611 (A) (2) (A) AND SECTION 1611 (B) (2) OF SUCH ACT (AS
SO ENACTED) ARE EACH AMENDED BY STRIKING OUT "$2,340" AND INSERTING IN
LIEU THEREOF "$2,520".
(C) THE AMENDMENTS MADE BY THIS SECTION SHALL APPLY WITH RESEPCT TO
PAYMENTS FOR MONTHS AFTER JUNE 1974.
SEC. 211. (A) (1) IN DETERMINING (FOR PURPOSES OF TITLE XVI OF THE
SOCIAL SECURITY ACT, AS IN EFFECT AFTER DECEMBER 1973) THE ELIGIBILITY
FOR AND THE AMOUNT OF THE SUPPLEMENTAL SECURITY INCOME BENEFIT PAYABLE
TO ANY QUALIFIED INDIVIDUAL (AS DEFINED IN SUBSECTION (B)), WITH RESPECT
TO ANY PERIOD FOR WHICH SUCH INDIVIDUAL HAS IN HIS HOME AN ESSENTIAL
PERSON (AS DEFINED IN SUBSECTION (C)) -- //86 STAT. 1465. 42 U.S.C.
1381.//
(A) THE DOLLAR AMOUNTS SPECIFIED IN SUBSECTION (A) (1) (A) AND
(2) (A), AND SUBSECTION (B) (1) AND (2), OF SECTION 1611 OF SUCH
ACT SHALL EACH BE INCREASED BY $840 ($780 IN THE CASE OF ANY
PERIOD PRIOR TO JULY 1974) FOR EACH SUCH ESSENTIAL PERSON, AND
(B) THE INCOME AND RESOURCES OF SUCH INDIVIDUAL SHALL (FOR
PURPOSES OF SUCH TITLE XVI) BE DEEMED TO INCLUDE THE INCOME AND
RESOURCES OF SUCH ESSENTIAL PERSON;
EXCEPT THAT THE PROVISIONS OF THIS SUBSECTION SHALL NOT, IN THE CASE
OF ANY INDIVIDUAL, BE APPLICABLE FOR ANY PERIOD WHICH BEGINS IN OR AFTER
THE FIRST MONTH THAT SUCH INDIVIDUAL --
(C) DOES NOT BUT WOULD (EXCEPT FOR THE PROVISIONS OF
SUBPARAGRAPH (B)) MEET --
(I) THE CRITERIA ESTABLISHED WITH RESPECT TO INCOME IN SECTION
1611 (A) OF SUCH ACT, OR
(II) THE CRITERIA ESTABLISHED WITH RESPECT TO RESOURCES BY SUCH
SECTION 1611 (A) (OR, IF APPLICABLE, BY SECTION 1611 (G) OF SUCH
ACT).
(2) THE PROVISIONS OF SECTION 1611 (G) OF THE SOCIAL SECURITY ACT (AS
IN EFFECT AFTER DECEMBER 1973) SHALL, IN THE CASE OF ANY QUALIFIED
INDIVIDUAL (AS DEFINED IN SUBSECTION (B)), BE APPLIED SO AS TO INCLUDE,
IN THE RESOURCES OF SUCH INDIVIDUAL, THE RESOURCES OF ANY PERSON
(DESCRIBED IN SUBSECTION (B) (2)) WHOSE NEEDS WERE TAKEN INTO ACCOUNT IN
DETERMINING THE NEED OF SUCH INDIVIDUAL FOR THE AID OR
ASSISTANCE REFERRED TO IN SUBSECTION (B) (1).
(B) FOR PURPOSES OF THIS SECTION, AN INDIVIDUAL SHALL BE A "QUALIFIED
INDIVIDUAL" ONLY IF --
(1) FOR THE MONTH OF DECEMBER 1973 SUCH INDIVIDUAL WAS A
RECIPIENT OF AID OR ASSISTANCE UNDER A STATE PLAN APPROVED UNDER
TITLE I, X, XIV, OR XVI, OF THE SOCIAL SECURITY ACT, AND //86
STAT. 1484. 42 U.S.C. 301, 1201, 1351.//
(2) IN DETERMINING THE NEED OF SUCH INDIVIDUAL FOR SUCH AID OR
ASSISTANCE FOR SUCH MONTH UNDER SUCH STATE PLAN, THERE WERE TAKEN
INTO ACCOUNT THE NEEDS OF A PERSON (OTHER THAN SUCH INDIVIDUAL)
WHO --
(A) WAS LIVING IN THE HOME OF SUCH INDIVIDUAL, AND
(B) WAS NOT ELIGIBLE (IN HIS OR HER OWN RIGHT) FOR AID OR
ASSISTANCE UNDER SUCH STATE PLAN FOR SUCH MONTH.
(C) THE TERM "ESSENTIAL PERSON", WHEN USED IN CONNECTION WITH ANY
QUALIFIED INDIVIDUAL, MEANS A PERSON WHO --
(1) FOR THE MONTH OF DECEMBER 1973 WAS A PERSON (DESCRIBED IN
SUBSECTION (B) (2)) WHOSE NEEDS WERE TAKEN INTO ACCOUNT IN
DETERMINING THE NEED OF SUCH INDIVIDUAL FOR AID OR ASSISTANCE
UNDER A STATE PLAN REFERRED TO IN SUBSECTION (B) (1) AS SUCH STATE
PLAN WAS IN EFFECT FOR JUNE 1973,
(2) LIVES IN THE HOME OF SUCH INDIVIDUAL,
(3) IS NOT ELIGIBLE (IN HIS OR HER OWN RIGHT) FOR SUPPLEMENTAL
SECURITY INCOME BENEFITS UNDER TITLE XVI OF THE SOCIAL SECURITY
ACT (AS IN EFFECT AFTER DECEMBER 1973), AND //86 STAT. 1465. 42
U.S.C. 1381.//
(4) IS NOT THE ELIGIBLE SPOUSE (AS THAT TERM IS USED IN SUCH
TITLE XVI) OF SUCH INDIVIDUAL OR ANY OTHER INDIVIDUAL.
IF FOR ANY MONTH AFTER DECEMBER 1973 ANY PERSON FAILS TO MEET THE
CRITERIA SPECIFIED IN PARAGRAPH (2), (3), OR (4) OF THE PRECEEDING
SENTENCE, SUCH PERSON SHALL NOT, FOR SUCH MONTH OR ANY MONTH THEREAFTER
BE CONSIDERED TO BE AN ESSENTIAL PERSON.
SEC. 212. (A) (1) IN ORDER FOR ANY STATE (OTHER THAN THE
COMMONWEALTH OF PUERTO RICO, GUAM, OR THE VIRGIN ISLANDS) TO BE ELIGIBLE
FOR PAYMENTS PURSUANT TO TITLE XIX, WITH RESPECT TO EXPENDITURES FOR ANY
QUARTER BEGINNING AFTER DECEMBER 1973, SUCH STATE MUST HAVE IN EFFECT AN
AGREEMENT WITH THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE
(HEREINAFTER IN THIS SECTION REFERRED TO AS THE "SECRETARY") WHEREBY THE
STATE WILL PROVIDE TO INDIVIDUALS RESIDING IN THE STATE SUPPLEMENTARY
PAYMENTS AS REQUIRED UNDER PARAGRAPH (2). //79 STAT. 343; 86 STAT.
1426. 42 U.S.C. 1396.//
(2) ANY AGREEMENT ENTERED INTO BY A STATE PURSUANT TO PARAGRAPH (1)
SHALL PROVIDE THAT EACH INDIVIDUAL WHO --
(A) IS AN AGED, BLIND, OR DISABLED INDIVIDUAL (WITHIN THE
MEANING OF SECTION 1614 (A) OF THE SOCIAL SECURITY ACT, AS ENACTED
BY SECTION 301 OF THE SOCIAL SECURITY AMENDMENTS OF 1972), AND
//86 STAT. 1471. 42 U.S.C. 1382C.//
(B) FOR THE MONTH OF DECEMBER 1973 WAS A RECIPIENT OF (AND WAS
ELIGIBLE TO RECEIVE) AID OR ASSISTANCE (IN THE FORM OF MONEY
PAYMENTS) UNDER A STATE PLAN OF SUCH STATE (APPROVED UNDER TITLE
I, X, XIV, OR XVI, OF THE SOCIAL SECURITY ACT) //86 STAT. 1484.
42 U.S.C. 301, 1201, 1351.//
SHALL BE ENTITLED TO RECEIVE, FROM THE STATE, THE SUPPLEMENTARY
PAYMENT DESCRIBED IN PARAGRAPH (3) FOR EACH MONTH, BEGINNING WITH
JANUARY 1974, AND ENDING WITH WHICHEVER OF THE FOLLOWING FIRST OCCURS:
(C) THE MONTH IN WHICH SUCH INDIVIDUAL DIES, OR
(D) THE FIRST MONTH IN WHICH SUCH INDIVIDUAL CEASES TO MEET THE
CONDITION SPECIFIED IN SUBPARAGRAPH (A);
EXCEPT THAT NO INDIVIDUAL SHALL BE ENTITLED TO RECEIVE SUCH
SUPPLEMENTARY PAYMENT FOR ANY MONTH, IF, FOR SUCH MONTH, SUCH INDIVIDUAL
WAS INELIGIBLE TO RECEIVE SUPPLEMENTAL INCOME BENEFITS UNDER TITLE XVI
OF THE SOCIAL SECURITY ACT BY REASON OF THE PROVISIONS OF SECTION 1611
(E) (1) (A), (2), OR (3), 1611 (F), OR 1615 (C) OF SUCH ACT. //86 STAT.
1467. 42 U.S.C. 1382, 1382D.//
(3) (A) THE SUPPLEMENTARY PAYMENT REFERRED TO IN PARAGRAPH (2) WHICH
SHALL BE PAID FOR ANY MONTH TO ANY INDIVIDUAL WHO IS ENTITLED THERETO
UNDER AN AGREEMENT ENTERED INTO PURSUANT TO THIS SUBSECTION SHALL
(EXCEPT AS PROVIDED IN SUBPARAGRAPH (D)) BE AN AMOUNT EQUAL TO (I) THE
AMOUNT BY WHICH SUCH INDIVIDUAL'S "DECEMBER 1973 INCOME" (AS DETERMINED
UNDER SUBPARAGRAPH (B)) EXCEEDS THE AMOUNT OF SUCH INDIVIDUAL'S "TITLE
XVI BENEFIT PLUS OTHER INCOME" (AS DETERMINED UNDER SUBPARAGRAPH (C))
FOR SUCH MONTH, OR (II) IF GREATER, SUCH AMOUNT AS THE STATE MAY
SPECIFY.
(B) FOR PURPOSES OF SUBPARAGRAPH (A), AND INDIVIDUAL'S "DECEMBER 1973
INCOME" MEANS AN AMOUNT EQUAL TO THE AGGREGATE OF --
(I) THE AMOUNT OF THE AID OR ASSISTANCE (IN THE FORM OF MONEY
PAYMENTS) WHICH SUCH INDIVIDUAL WOULD HAVE RECEIVED (INCLUDING ANY
PART OF SUCH AMOUNT WHICH IS ATTRIBUTABLE TO MEETING THE NEEDS OF
ANY OTHER PERSON WHOSE PRESENCE IN SUCH INDIVIDUAL'S HOME IS
ESSENTIAL TO SUCH INDIVIDUAL'S WELL-BEING) FOR THE MONTH OF
DECEMBER 1973 UNDER A PLAN (APPROVED UNDER TITLE I, X, XIV, OR
XVI, OF THE SOCIAL SECURITY ACT) OF THE STATE ENTERING INTO AN
AGREEMENT UNDER THIS SUBSECTION, IF THE TERMS AND CONDITIONS OF
SUCH PLAN (RELATING TO ELIGIBILITY FOR AND AMOUNT OF SUCH AID OR
ASSISTANCE PAYABLE THEREUNDER) WERE, FOR THE MONTH OF DECEMBER
1973, THE SAME AS THOSE IN EFFECT, UNDER SUCH PLAN, FOR THE MONTH
OF JUNE 1973, AND //86 STAT. 1484, 1465. 42 U.S.C. 301, 1201,
1351, 1381.//
(II) THE AMOUNT OF THE INCOME OF SUCH INDIVIDUAL (OTHER THAN
THE AID OR ASSISTANCE DESCRIBED IN CLAUSE (I)) RECEIVED BY SUCH
INDIVIDUAL IN DECEMBER 1973, MINUS ANY SUCH INCOME WHICH DID NOT
RESULT, BUT WHICH IF PROPERLY REPORTED WOULD HAVE RESULTED IN A
REDUCTION IN THE AMOUNT OF SUCH AID OR ASSISTANCE.
(C) FOR PURPOSES OF SUBPARAGRAPH (A), THE AMOUNT OF AN INDIVIDUAL'S
"TITLE XVI BENEFIT PLUS OTHER INCOME" FOR ANY MONTH MEANS AN AMOUNT
EQUAL TO THE AGGERGATE OF --
(I) THE AMOUNT (IF ANY) OF THE SUPPLEMENTAL SECURITY INCOME
BENEFIT TO WHICH SUCH INDIVIDUAL IS ENTITLED FOR SUCH MONTH UNDER
TITLE XVI OF THE SOCIAL SECURITY ACT, AND
(II) THE AMOUNT OF ANY INCOME OF SUCH INDIVIDUAL FOR SUCH MONTH
(OTHER THAN INCOME IN THE FORM OF A BENEFIT DESCRIBED IN CLAUSE
(I)).
(D) IF THE AMOUNT DETERMINED UNDER SUBPARAGRAPH (B) (I) INCLUDES, IN
THE CASE OF ANY INDIVIDUAL, AN AMOUNT WHICH WAS PAYABLE TO SUCH
INDIVIDUAL SOLELY BECAUSE OF --
(I) A SPECIAL NEED OF SUCH INDIVIDUAL (INCLUDING ANY SPECIAL
ALLOWANCE FOR HOUSING, OR THE RENTAL VALUE OF HOUSING FURNISHED IN
KIND TO SUCH INDIVIDUAL IN LIEU OF A RENTAL ALLOWANCE) WHICH
EXISTED IN DECEMBER 1973, OR
(II) ANY SPECIAL CIRCUMSTANCE (SUCH AS THE RECOGNITION OF THE
NEEDS OF A PERSON WHOSE PRESENCE IN SUCH INDIVIDUAL'S HOME, IN
DECEMBER 1973, WAS ESSENTIAL TO SUCH INDIVIDUAL'S WELL-BEING),
AND, IF FOR ANY MONTH AFTER DECEMBER 1973 THERE IS A CHANGE WITH
RESPECT TO SUCH SPECIAL NEED OR CIRCUMSTANCE WHICH, IF SUCH CHANGE HAD
EXISTED IN DECEMBER 1973, THE AMOUNT DESCRIBED IN SUBPARAGRAPH (B) (I)
WITH RESPECT TO SUCH INDIVIDUAL WOULD HAVE BEEN REDUCED ON ACCOUNT OF
SUCH CHANGE, THEN, FOR SUCH MONTH AND FOR EACH MONTH THEREAFTER THE
AMOUNT OF THE SUPPLEMENTARY PAYMENT PAYABLE UNDER THE AGREEMENT ENTERED
INTO UNDER THIS SUBSECTION TO SUCH INDIVIDUAL SHALL (UNLESS THE STATE,
AT ITS OPTION, OTHERWISE SPECIFIED) BE REDUCED BY AN AMOUNT EQUAL TO THE
AMOUNT BY WHICH THE AMOUNT (DESCRIBED IN SUBPARAGRAPH (B) (I)) WOULD
HAVE BEEN SO REDUCED.
(B) (1) ANY STATE HAVING AN AGREEMENT WITH THE SECRETARY UNDER
SUBSECTION (A) MAY ENTER INTO AN ADMINISTRATION AGREEMENT WITH THE
SECRETARY WHEREBY THE SECRETARY WILL, ON BEHALF OF SUCH STATE, MAKE THE
SUPPLEMENTARY PAYMENTS REQUIRED UNDER THE AGREEMENT ENTERED INTO UNDER
SUBSECTION (A).
(2) ANY SUCH ADMINISTRATION AGREEMENT BETWEEN THE SECRETARY AND A
STATE ENTERED INTO UNDER THIS SUBSECTION SHALL PROVIDE THAT THE STATE
WILL (A) CERTIFY TO THE SECRETARY THE NAMES OF EACH INDIVIDUAL WHO, FOR
DECEMBER 1973, WAS A RECIPIENT OF AID OR ASSISTANCE (IN THE FORM OF
MONEY PAYMENTS) UNDER A PLAN OF SUCH STATE APPROVED UNDER TITLE I, X,
XIV, OR XVI OF THE SOCIAL SECURITY ACT, TOGETHER WITH THE AMOUNT OF SUCH
ASSISTANCE PAYABLE TO EACH SUCH INDIVIDUAL AND THE AMOUNT OF SUCH
INDIVIDUAL'S DECEMBER 1973 INCOME (AS DEFINED IN SUBSECTION (A) (3)
(B)), AND (B) PROVIDE THE SECRETARY WITH SUCH ADDITIONAL DATA AT SUCH
TIMES AS THE SECRETARY MAY REASONABLY REQUIRE IN ORDER PROPERLY,
ECONOMICALLY, AND EFFICIENTLY TO CARRY OUT SUCH ADMINISTRATION
AGREEMENT. //86 STAT. 1484, 1465. 42 U.S.C. 301, 1201, 1351, 1381.//
(3) ANY STATE WHICH HAS ENTERED INTO AN ADMINISTRATION AGREEMENT
UNDER THIS SUBSECTION SHALL, AT SUCH TIMES AND IN SUCH INSTALLMENTS AS
MAY BE AGREED UPON BETWEEN THE SECRETARY AND THE STATE, PAY TO THE
SECRETARY AN AMOUNT EQUAL TO THE EXPENDITURES MADE BY THE SECRETARY AS
SUPPLEMENTARY PAYMENTS TO INDIVIDUALS ENTITLED THERETO UNDER THE
AGREEMENT ENTERED INTO WITH SUCH STATE UNDER SUBSECTION (A).
(C) (1) SUPPLEMENTARY PAYMENTS MADE PURSUANT TO AN AGREEMENT ENTERED
INTO UNDER SUBSECTION (A) SHALL BE EXCLUDED UNDER SECTION 1612 (B) (6)
OF THE SOCIAL SECURITY ACT (AS IN EFFECT AFTER DECEMBER 1973) IN
DETERMINING INCOME OF INDIVIDUALS FOR PURPOSES OF TITLE XVI OF SUCH ACT
(AS SO IN EFFECT). //42 U.S.C. 1382A.//
(2) SUPPLEMENTARY PAYMENTS MADE BY THE SECRETARY (PURSUANT TO AN
ADMINISTRATION AGREEMENT ENTERED INTO UNDER SUBSECTION (B)) SHALL, FOR
PURPOSES OF SECTION 401 OF THE SOCIAL SECURITY AMENDMENTS OF 1972, BE
CONSIDERED TO BE PAYMENTS MADE UNDER AN AGREEMENT ENTERED INTO UNDER
SECTION 1616 OF THE SOCIAL SECURITY ACT (AS ENACTED BY SECTION 301 OF
THE SOCIAL SECURITY AMENDMENTS OF 1972); EXCEPT THAT NOTHING IN THIS
PARAGRAPH SHALL BE CONSTRUED TO WAIVE, WITH RESPECT TO THE PAYMENTS SO
MADE BY THE SECRETARY, THE PROVISIONS OF SUBSECTION (B) OF SUCH SECTION
401. //86 STAT. 1485. 42 U.S.C. 1382E NOTE. 42 U.S.C. 1382E.//
(D) FOR PURPOSES OF SUBSECTION (A) (1), A STATE SHALL BE DEEMED TO
HAVE ENTERED INTO AN AGREEMENT UNDER SUBSECTION (A) OF THIS SECTION IF
SUCH STATE HAS ENTERED INTO AN AGREEMENT WITH THE SECRETARY UNDER
SECTION 1616 OF THE SOCIAL SECURITY ACT UNDER WHICH --
(1) INDIVIDUALS, OTHER THAN INDIVIDUALS DESCRIBED IN SUBSECTION
(A) (2) (A) AND (B), ARE ENTITLED TO RECEIVE SUPPLEMENTARY
PAYMENTS, AND
(2) SUPPLEMENTARY BENEFITS ARE PAYABLE, TO INDIVIDUALS
DESCRIBED IN SUBSECTION (A) (2) (A) AND (B) AT A LEVEL UNDER TERMS
AND CONDITIONS WHICH MEET THE MINIMUM REQUIREMENTS SPECIFIED IN
SUBSECTION (A).
(E) EXCEPT AS THE SECRETARY MAY BY REGULATIONS OTHERWISE PROVIDE, THE
PROVISIONS OF TITLE XVI OF THE SOCIAL SECURITY ACT (AS ENACTED BY
SECTION 301 OF THE SOCIAL SECURITY AMENDMENTS OF 1972), INCLUDING THE
PROVIISONS OF PART B OF SUCH TITLE, RELATING TO THE TERMS AND CONDITIONS
UNDER WHICH THE BENEFITS AUTHORIZED BY SUCH TITLE ARE PAYABLE SHALL,
WHERE NOT INCONSISTENT WITH THE PURPOSES OF THIS SECTION, BE APPLICABLE
TO THE PAYMENTS MADE UNDER AN AGREEMENT UNDER SUBSECTION (B) OF THIS
SECTION; AND THE AUTHORITY CONFERRED UPON THE SECRETARY BY SUCH TITLE
MAY, WHERE APPROPRIATE, BE EXERCISED BY HIM IN THE ADMINISTRATION OF
THIS SECTION.
(F) THE PROVISIONS OF SUBSECTION (A) (1) SHALL NOT BE APPLICABLE IN
THE CASE OF ANY STATE --
(1) THE CONSTITUTION OF WHICH CONTAINS PROVISIONS WHICH MAKE IT
IMPOSSIBLE FOR SUCH STATE TO ENTER INTO AND COMMENCE CARRYING OUT
(ON JANUARY 1, 1974) AN AGREEMENT REFERRED TO IN SUBSECTION (A),
AND
(2) THE ATTORNEY GENERAL (OR OTHER APPROPRIATE STATE OFFICIAL)
OF WHICH HAS, PRIOR TO JULY 1, 1973, MADE A FUNDING THAT THE STATE
CONSTITUTION OF SUCH STATE CONTAINS LIMITATIONS WHICH PREVENT SUCH
STATE FROM MAKING SUPPLEMENTAL PAYMENTS OF THE TYPE DESCRIBED IN
SECTION 1616 OF THE SOCIAL SECURITY ACT. //86 STAT. 1474. 42
U.S.C. 1382E.//
SEC. 213. THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, IN THE
RECRUITMENT AND SELECTION FOR EMPLOYMENT OF PERSONNEL WHOSE SERVICES
WILL BE UTILIZED IN THE ADMINISTRATION OF THE FEDERAL PROGRAM OF
SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED
(ESTABLISHED BY TITLE XVI OF THE SOCIAL SECURITY ACT), SHALL GIVE A
PREFERENCE, AS AMONG APPLICANTS WHOSE QUALIFICATIONS ARE REASONABLEY
EQUAL (SUBJECT TO ANY PREFERENCES CONFERRED BY LAW OR REGULATION ON
INDIVIDUALS WHO HAVE BEEN FEDERAL EMPLOYEES AND HAVE BEEN DISPLACED FORM
SUCH EMPLOY?ENT), TO AP'LIAN OR REGULATIONS ON INDIVIDUALS WHO HAVE BEEN
FEDERAL EMPLOYEES AND HAVE BEEN DISPLACED FROM SUCH EMPLOYMENT), TO
APPLICANTS FOR EMPLOYMENT WHO ARE OR WERE EMPLOYED IN THE ADMINISTRATION
OF ANY STATE PROGRAM APPROVED UNDER TITLE I, X, XIV, OR XVI OF SUCH ACT
AND ARE OR WERE INVOLUNTARILY DISPLACED FROM THEIR EMPLOYMENT AS A
RESULT OF THE DISPLACEMENT OF SUCH STATE PROGRAM BY SUCH FEDERAL
PROGRAM. //42 U.S.C. 1381. 86 STAT. 1484. 42 U.S.C. 301, 1201, 1351.//
SEC. 214. SECTION 1633 OF THE SOCIAL SECURITY ACT (AS ENACTED BY
SECTION 301 OF THE SOCIAL SECURITY AMENDMENTS OF 1972) IS AMENDED --
//86 STAT. 1478. 42 U.S.C. 1383B.//
(1) BY INSERTING "(A)" IMMEDIATELY AFTER "SEC. 1633.",
(2) BY STRIKING OUT "THE SECRETARY" AND INSERTING IN LIEU
THEREOF "SUBJECT TO SUBSECTION (B), THE SECRETARY", AND
(3) BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(B) IN DETERMINING, FOR PURPOSES OF THIS TITLE, WHETHER AN
INDIVIDUAL IS BLIND, THERE SHALL BE AN EXAMINATION OF SUCH INDIVIDUAL BY
A PHYSICIAL SKILLED IN THE DISEASES OF THE EYE OR BY AN OPTOMETRIST,
WHICHEVER THE INDIVIDUAL MAY SELECT."
SEC. 220. (A) SUBJECT TO SUBSECTION (B), NO REGULATION AND NO
MODIFICATION OF ANY REGULATION, PROMULGATED BY THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE (HEREINAFTER REFERRED TO AS THE "SECRETARY")
AFTER JANUARY 1, 1973, SHALL BE EFFECTIVE FOR ANY PERIOD WHICH BEGINS
PRIOR TO NOVEMBER 1, 1973, IF (AND INSOFAR AS) SUCH REGULATION OR
MODIFICATION OF A REGULATION PERTAINS (DIRECTLY OR INDIRECTLY) TO THE
PROVISIONS OF LAW CONTAINED IN SECTION 3 (A) (4) (A), 402 (A) (19) (G),
403 (A) (3) (A), 603 (A) (1) (A), 1003 (A) (3) (A), 1403 (A) (3) (A), OR
1603 (A) (4) (A), OF THE SOCIAL SECURITY ACT, UNLESS SUCH REGULATION OR
MODIFICATION HAS BEEN APPROVED, PRIOR TO ITS BEING PROPOSED, BY THE
COMMITTEE ON WAYS AND MEANS OF THE HOUSE OF REPRESENTATIVES AND THE
COMMITTEE ON FINANCE OF THE SENATE. //42 U.S.C. 303, 602, 603, 803,
1203, 1353, 1383.//
(B) (1) THE PROVISIONS OF SUBSECTION (A) SHALL NOT BE APPLICABLE TO
ANY REGULATION RELATING TO "SCOPE OF PROGRAMS", IF SUCH REGULATION IS
IDENTICAL (EXCEPT AS PROVIDED IN THE SUCCEEDING SENTENCE) TO THE
PROVISIONS OF SECTION 221.0 THE PHRASE "MEETS ALL THE APPLICABLE
REQUIREMENTS OF THIS PART AND".
(2) THE PROVISIONS OF SUBSECTION (A) SHALL NOT BE APPLICABLE TO ANY
REGULATION RELATING TO "LIMITATIONS ON TOTAL AMOUNT OF FEDERAL FUNDS
PAYABLE TO STATES FOR SERVICES", IF SUCH REGULATION IS IDENTICAL (EXCEPT
AS PROVIDED IN THE SUCCEEDING SENTENCE) TO THE PROVISIONS OF SECTION
221.55 OF THE REGULATIONS SO PROPOSED AND PUBLISHED ON MAY 1, 1973.
THERE SHALL BE DELETED FROM SUBSECTION (D) (1) OF SUCH SECTION 221.55
THE PHRASE "(AS DEFINED UNDER DAY CARE SERVICES FOR CHILDREN)"; AND, IN
LIEU OF THE SENTENCE CONTAINED IN SUBSECTION (D) (5) OF SUCH SECTION
221.55, THERE SHALL BE INSERTED THE FOLLOWING: "SERVICES PROVIDED TO A
CHILD WHO IS UNDER FOSTER CARE IN A FOSTER FAMILY HOME (AS DEFINED IN
SECTION 408 OF THE SOCIAL SECURITY ACT) OR IN A CHILD-CARE INSTITUTION
(AS DEFINED IN SUCH SECTION), OR WHILE AWAITING PLACEMENT IN SUCH A HOME
OR INSTITUTION, BUT ONLY IF SUCH SERVICES ARE NEEDED BY SUCH CHILD
BECAUSE HE IS UNDER FOSTER CARE.".
(3) THE PROVISIONS OF SUBSECTION (A) SHALL NOT BE APPLICABLE TO ANY
REGULATION RELATING TO "RATES AND AMOUNTS OF FEDERAL FINANCIAL
PARTICIPATION FOR PUERTO RICO, THE VIRGIN ISLANDS, AND GUAM", IF SUCH
REGULATION IS IDENTICAL TO THE PROVISIONS OF SECTION 221.56 OF THE
REGULATIONS SO PROPOSED AND PUBLISHED ON MAY 1, 1973.
(C) NOTWITHSTANDING THE PROVISIONS OF SECTION 553 (D) OF TITLE 5,
UNITED STATES CODE, ANY REGULATION DESCRIBED IN SUBSECTION (B) MAY
BECOME EFFECTIVE UPON THE DATE OF ITS PUBLICATION IN THE FEDERAL
REGISTER. //80 STAT. 383.//
SEC. 221. SECTION 1130 (A) (2) OF THE SOCIAL SECURITY ACT IS AMENDED
-- //86 STAT. 945. 42 U.S.C. 1320B.//
"(1) BY STRIKING OUT "OF THE AMOUNTS PAID (UNDER ALL OF SUCH
SECTIONS)" AND INSERTING IN LIEU THEREOF "OF THE AMOUNTS PAID
UNDER SUCH SECTION 403 (A) (3)"; AND //42 U.S.C. 603.//
(2) BY STRIKING OUT "UNDER STATE PLANS APPROVED UNDER TITLES I,
X, XIV, XVI, OR PART A OF TITLE IV" AND INSERTING IN LIEU THEREOF
"UNDER THE STATE PLAN APPROVED UNDER PART A OF TITLE IV". //42
U.S.C. 601.//
SEC. 230. IN THE CASE OF ANY STATE PLAN (APPROVED UNDER TITLE XIX OF
THE SOCIAL SECURITY ACT) WHICH FOR DECEMBER 1973 PROVIDED MEDICAL
ASSISTANCE TO PERSONS DESCRIBED IN SECTION 1905 (A) (VI) OF SUCH ACT,
THERE IS HEREBY IMPOSED THE REQUIREMENT (AND SUCH STATE PLAN SHALL BE
DEEMED TO REQUIRE) THAT MEDICAL ASSISTANCE UNDER SUCH PLAN BE PROVIDED
TO EACH SUCH PERSON (WHO FOR DECEMBER 1973 WAS ELIGIBLE FOR MEDICAL
ASSISTANCE UNDER SUCH PLAN) FOR EACH MONTH (AFTER DECEMBER 1973) THAT --
//79 STAT. 343; 86 STAT. 1426. 42 U.S.C. 1396. 79 STAT. 351. 42 U.
S.C. 1396D.//
(1) THE INDIVIDUAL (REFERRED TO IN THE LAST SENTENCE OF SECTION
1905 (A) OF SUCH ACT) WITH WHOM SUCH PERSON IS LIVING CONTINUES TO
MEET THE CRITERIA (AS IN EFFECT FOR DECEMBER 1973) FOR AID OR
ASSISTANCE UNDER A STATE PLAN (REFERRED TO IN SUCH SENTENCE), AND
(2) SUCH PERSON CONTINUES TO HAVE THE RELATIONSHIP WITH SUCH
INDIVIDUAL DESCRIBED IN SUCH SENTENCE AND MEETS THE OTHER CRITERIA
(REFERRED TO IN SUCH SENTENCE) WITH RESPECT TO A STATE PLAN (SO
REFERRED TO) AS SUCH PLAN WAS IN EFFECT FOR DECEMBER 1973.
FEDERAL MATCHING UNDER TITLE XIX OF THE SOCIAL SECURITY ACT SHALL BE
AVAILABLE FOR THE MEDICAL ASSISTANCE FURNISHED TO INDIVIDUALS ELIGIBLE
FOR SUCH ASSISTANCE UNDER THIS SECTION.
SEC. 231. FOR PURPOSES OF SECTION 1902 (A) (10) OF THE SOCIAL
SECURITY ACT, ANY INDIVIDUAL WHO, FOR ALL (OR ANY PART OF) THE MONTH OF
DECEMBER 1973 -- //42 U.S.C. 1396A.//
(1) WAS AN INPATIENT IN AN INSTITUTION QUALIFIED FOR
REIMBURSEMENT UNDER TITLE XIX OF THE SOCIAL SECURITY ACT, AND
(2) (A) WOULD (EXCEPT FOR HIS BEING AN INPATIENT IN SUCH
INSTITUTION) HAVE BEEN ELIGIBLE TO RECEIVE AID OR ASSISTANCE UNDER
A STATE PLAN APPROVED UNDER TITLE I, X, XIV, OR XVI OF SUCH ACT,
OR //86 STAT. 1484, 1465. 42 U.S.C. 301, 1201, 1351, 1382.//
(B) WAS, ON THE BASIS OF HIS NEED FOR CARE IN SUCH INSTITUTION,
CONSIDERED TO BE ELIGIBLE FOR AID OR ASSISTANCE UNDER A STATE PLAN
(REFERRED TO IN SUBPARAGRAPH (A)) FOR PURPOSES OF DETERMINING HIS
ELIGIBILITY FOR MEDICAL ASSISTANCE UNDER A STATE PLAN APPROVED
UNDER TITLE XIX OF SUCH ACT (WHETHER OR NOT SUCH INDIVIDUAL
ACTUALLY RECEIVED AID OR ASSISTANCE UNDER A STATE PLAN REFERRED TO
IN SUBPARAGRAPH (A)), //79 STAT. 343; 86 STAT. 1426. 42 U.S.C.
1396.//
SHALL BE DEEMED TO BE RECEIVING SUCH AID OR ASSISTANCE FOR SUCH MONTH
AND FOR EACH SUCCEEDING MONTH IN A CONTINUOUS PERIOD OF MONTHS, IF FOR
EACH MONTH IN SUCH PERIOD --
(3) SUCH INDIVIDUAL CONTINUES TO BE (FOR ALL OF SUCH MONTH) AN
INPATIENT IN SUCH AN INSTITUTION AND WOULD (EXCEPT FOR HIS BEING
AN INPATIENT IN SUCH INSTITUTION) CONTINUE TO MEET THE CONDITIONS
OF ELIGIBILITY TO RECEIVE AID OR ASSISTANCE UNDER SUCH PLAN (AS
SUCH PLAN WAS IN EFFECT FOR DECEMBER 1973), AND
(4) SUCH INDIVIDUAL IS DETERMINED (UNDER THE UTILIZATION REVIEW
AND OTHER PROFESSIONAL AUDIT PROCEDURES APPLICABLE TO STATE PLANS
APPROVED UNDER TITLE XIX OF THE SOCIAL SECURITY ACT) TO BE IN NEED
OF CARE IN SUCH AN INSTITUTION.
FEDERAL MATCHING UNDER TITLE XIX OF THE SOCIAL SECURITY ACT SHALL BE
AVAILABLE FOR THE MEDICAL ASSISTANCE FURNISHED TO INDIVIDUALS ELIGIBLE
FOR SUCH ASSISTANCE UNDER THIS SECTION.
SEC. 232. FOR PURPOSES OF SECTION 1902 (A) (10) OF THE SOCIAL
SECURITY ACT, ANY INDIVIDUAL WHO, FOR THE MONTH OF DECEMBER 1973 WAS
ELIGIBLE (UNDER THE PROVISIONS OF SUBPARAGRAPH (B) OF SUCH SECTION) FOR
MEDICAL ASSISTANCE BY REASON OF HIS HAVING BEEN DETERMINED TO MEET THE
CRITERIA FOR BLINDNESS OR DISABILITY (ESTABLISHED BY A STATE PLAN
APPROVED UNDER TITLE I, X, XIV, OR XVI OF SUCH ACT), SHALL BE DEEMED TO
BE A PERSON DESCRIBED AS BEING A PERSON WHO "WOULD, IF NEEDY, BE
ELIGIBLE FOR AID OR ASSISTANCE UNDER ANY SUCH STATE PLAN" IN
SUBPARAGRAPH (B) (I) OF SUCH SECTION FOR EACH MONTH IN A CONTINUOUS
PERIOD OF MONTHS (BEGINNING WITH THE MONTH OF JANUARY 1974), IF, FOR
EACH MONTH IN SUCH PERIOD, SUCH INDIVIDUAL CONTINUES TO MEET THE
CRITERIA FOR BLINDNESS OR DISABILITY SO ESTABLISHED BY SUCH A STATE PLAN
(AS IT WAS IN EFFECT FOR DECEMBER 1973). //42 U.S.C. 1396A.// FEDERAL
MATCHING UNDER TITLE XIX OF THE SOCIAL SECURITY ACT SHALL BE AVAILABLE
FOR THE MEDICAL ASSISTANCE FURNISHED TO INDIVIDUALS ELIGIBLE FOR SUCH
ASSISTANCE UNDER THIS SECTION.
SEC. 233. SECTION 249E OF THE SOCIAL SECURITY AMENDMENTS OF 1972 IS
AMENDED BY STRIKING OUT "OCTOBER 1974" AND INSERTING IN LIEU THEREOF
"JULY 1975". //86 STAT. 1429. 42 U.S.C. 1396A NOTE.//
SEC. 234. (A) SECTION 1903 OF THE SOCIAL SECURITY ACT IS AMENDED BY
STRIKING OUT SUBSECTION (J) THEREOF (AS ADDED BY SECTION 225 OF PUBLIC
LAW 92 - 603). //86 STAT. 1396. 42 U.S.C. 1396B.//
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL BE APPLICABLE IN THE
CASE OF EXPENDITURES FOR SKILLED NURSING SERVICES AND FOR INTERMEDIATE
CARE FACILITY SERVICES FURNISHED IN CALENDAR QUARTERS WHICH BEGIN AFTER
DECEMBER 31, 1972.
SEC. 240. (A) SECTION 202 (D) (8) (D) (II) OF THE SOCIAL SECURITY
ACT IS AMENDED BY STRIKING OUT "AND" AT THE END THEREOF AND INSERTING IN
LIEU THEREOF "OR (III) IF HE IS AN INDIVIDUAL REFERRED TO IN EITHER
SUBPARAGRAPH (A) OR SUBPARAGRAPH (B) AND THE CHILD IS THE GRANDCHILD OF
SUCH INDIVIDUAL OR HIS OR HER SPOUSE, FOR THE YEAR IMMEDIATELY BEFORE
THE MONTH IN WHICH SUCH CHILD FILES HIS OR HER APPLICATION FOR CHILD'S
INSURANCE BENEFITS, AND". //86 STAT. 1346. 42 U.S.C. 402.//
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL APPLY WITH RESPECT TO
MONTHLY BENEFITS PAYABLE UNDER TITLE II OF THE SOCIAL SECURITY ACT FOR
MONTHS AFTER THE MONTH IN WHICH THIS ACT IS ENACTED ON THE BASIS OF
APPLICATIONS FOR SUCH BENEFITS FILED IN OR AFTER THE MONTH IN WHICH THIS
ACT IS ENACTED. //42 U.S.C. 401.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 165 (COMM. ON WAYS AND MEANS) AND
NO. 93 - 365 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 240 (COMM. ON FINANCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 9, CONSIDERED AND PASSED HOUSE. JUNE 30, CONSIDERED AND
PASSED SENATE, AMENDED; HOUSE
AGREED TO CONFERENCE REPORT, RECEDED AND CONCURRED IN
SENATE AMENDMENT WITH AN AMENDMENT SENATE AGREED TO
CONFERENCE REPORT AND HOUSE AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9, NO. 28:
JULY 11, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-65, 87 STAT. 150
TO AUTHORIZE APPROPRIATIONS FOR THE COAST GUARD FOR THE
PROCUREMENT OF VESSELS AND AIRCRAFT AND CONSTRUCTION OF SHORE AND
OFFSHORE ESTABLISHMENTS, TO AUTHORIZE FOR BRIDGE ALTERATIONS, TO
AUTHORIZE FOR THE COAST GUARD AN END-YEAR 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 ASSEMBED, THAT FUNDS ARE HEREBY
AUTHORIZED TO BE APPROPRIATED FOR FISCAL YEAR 1974 FOR THE USE OF THE
COAST GUARD AS FOLLOWS:
FOR PROCUREMENT AND INCREASING THE CAPABILITY VESSELS, $23,979,000.
A. PROCUREMENT:
(1) 75-FOOT INLAND CONSTRUCTION TENDERS.
(2) SMALL BOAT REPLACEMENT PROGRAM.
(3) DESIGN OF VESSELS.
B. RENOVATION AND INCREASING CAPABILITY:
(1) RENOVATE AND IMPROVE BUOY TENDERS.
(2) REENGINE AND RENOVATE COASTAL BUOY TENDERS.
(3) ABATE POLLUTION BY OILY WASTE FROM COAST GUARD VESSELS.
(4) ABATE POLLUTION BY NONOILY WASTE FROM COAST GUARD VESSELS.
FOR PROCUREMENT OF A LONG RANGE SEARCH AND RESCUE HELICOPTER,
$3,000,000.
FOR ESTABLISHMENT OR DEVELOPMENT OF INSTALLATIONS AND FACILITIES BY
ACQUISITION, CONSTRUCTION, CONVERSION, EXTENSION, OR INSTALLATION OF
PERMANENT OR TEMPORARY PUBLIC WORKS, INCLUDING THE PREPARATION OF SITES
AND FURNISHING OF APPURTENANCES, UTILITIES, AND EQUIPMENT FOR THE
FOLLOWING, $75,260,000.
(1) PORTSMOUTH, VIRGINIA: CONSTRUCT NEW COAST GUARD BASE, PHASE IIA.
(2) PORTSMOUTH, VIRGINIA: CONSTRUCT NEW COMMUNICATIONS STATION.
(3) MONTEREY AND SANTA CRUZ, CALIFORNIA: REBUILD MONTEREY STATION,
CONSTRUCT SANTA CRUZ UNMANNED MOORINGS.
(4) MONTAUK POINT, NEW YORK: CONTROL EROSION AT MONTAUK POINT LIGHT
STATION.
(5) CAPE MAY, NEW JERSEY: CONSTRUCT DINING HALL AT RECRUIT TRAINING
CENTER.
(6) BROOKLYN, NEW YORK, AND WILDWOOD, NEW JERSEY: EXPAND INTERIM
CENTRALIZED ELECTRONIC SYSTEMS MAINTENANCE FACILITIES.
(7) CAROLINA BEACH, NORTH CAROLINA: CONSTRUCT BARRACKS AT LORAN - C
STATION.
(8) FORT LAUDERDALE, FLORIDA: INCREASE CAPABILITY OF FORT LAUDERDALE
STATION.
(9) NEW ORLEANS, LOUISIANA: EXPAND NEW ORLEANS AIR STATION.
(10) SAN DIEGO, CALIFORNIA: CONTROL EROSION AT LIGHT STATION POINT
LOMA.
(11) SAN DIEGO, CALIFORNIA: IMPROVE SAN DIEGO AIR STATION.
(12) ASTORIA, OREGON: EXPAND ASTORIA AIR STATION.
(13) ATTU ISLAND, ALASKA: REBUILD AIRSTRIP BRIDGE.
(14) KODIAK, ALASKA: RENOVATE AND CONSOLIDATE KODIAK BASE.
(15) CHEBOYGAN, MICHIGAN: CONSTRUCT MOORINGS FOR COAST GUARD CUTTER
MACKINAW.
(16) LORAN - C: EXPANSION PROJECT -- PHASE I, UNITED STATES WEST
COAST.
(17) LORAN - C: EQUIPMENT REPLACEMENT.
(18) VARIOUS LOCATIONS: WATERWAYS AIDS TO NAVIGATION PROJECTS.
(19) VARIOUS LOCATIONS: ABATE POLLUTION AT COAST GUARD SHORE
STATIONS.
(20) VARIOUS LOCATIONS: LIGHTHOUSE AUTOMATION AND MODERNIZATION
PROGRAM.
(21) VARIOUS LOCATIONS: LARGE NAVIGATIONAL BUOYS TO REPLACE
LIGHTSHIPS.
(22) NEW YORK HARBOR AND LONG ISLAND SOUND, NEW YORK: ESTABLISH
VESSEL TRAFFIC SYSTEM, PHASE I.
(23) PUGET SOUND, WASHINGTON: VESSEL TRAFFIC SYSTEM PART 1 OF PHASE
III.
(24) NEW ORLEANS, LOUISIANA: ESTABLISH VESSEL TRAFFIC SYSTEM, PHASE
I.
(25) VARIOUS LOCATIONS: PUBLIC FAMILY QUARTERS.
(26) VARIOUS LOCATIONS: ADVANCE PLANNING, SURVEY, DESIGN, AND
ARCHITECTURAL SERVICES; PROJECT ADMINISTRATION COSTS; ACQUIRE SITES IN
CONNECTION WITH PROJECTS NOT OTHERWISE AUTHORIZED BY LAW.
(27) AT A LOCATION BETWEEN SAN FRANCISCO, CALIFORNIA, AND ASTORIA,
OREGON: ESTABLISH HELICOPTER SEARCH AND RESCUE STATION.
SEC. 2. FOR FISCAL YEAR 1974 THE COAST GUARD IS AUTHORIZED AN END
STRENGTH FOR ACTIVE DUTY PERSONNEL OF 37,607; EXCEPT THAT THE CEILING
SHALL NOT INCLUDE MEMBERS OF THE READY RESERVE CALLED TO ACTIVE DUTY
UNDER THE PROVISIONS OF PUBLIC LAW 92 - 479. //86 STAT. 794. 14 U.S.C.
764.//
SEC. 3. FOR FISCAL YEAR 1974 MILITARY TRAINING STUDENT LOADS FOR THE
COAST GUARD ARE AUTHORIZED AS FOLLOWS:
(1) RECRUIT AND SPECIAL TRAINING, 4,006 MAN-YEARS.
(2) FLIGHT TRAINING, 86 MAN-YEARS.
(3) PROFESSIONAL TRAINING IN MILITARY AND CIVILIAN
INSTITUTIONS, 231 MAN-YEARS.
(4) OFFICER ACQUISITION TRAINING, 1,208 MAN-YEARS.
SEC. 4. FOR USE OF THE COAST GUARD FOR PAYMENT TO BRIDGE OWNERS FOR
THE COST OF ALTERATIONS OF RAILROAD BRIDGES AND PUBLIC HIGHWAY BRIDGES
TO PERMIT FREE NAVIGATION OF NAVIGABLE WATERS OF THE UNITED STATES,
$7,000,000 IS HEREBY AUTHORIZED.
SEC. 5. SECTION 475 OF TITLE 14, UNITED STATES CODE, IS AMENDED BY
AMENDING SUBSECTION (E) THEREOF TO READ AS FOLLOWS: //86 STAT. 451. 14
U.S.C. 475.//
"(E) THE AUTHORITY PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS
SECTION SHALL EXPIRE ON JUNE 30, 1976."
SEC. 6. (A) SECTION 1 OF THE ACT OF JUNE 20, 1936 (49 STAT. 1544, 46
U.S.C. 367), AS AMENDED, IS FURTHER AMENDED BY DELETING THE ENTIRE THIRD
SENTENCE AND SUBSTITUTING IN LIEU THEREOF THE FOLLOWING SENTENCE: "THE
EXEMPTION IN THE PRECEDING SENTENCE FOR CANNERY TENDER OR FISHERY TENDER
VESSELS SHALL CONTINUE IN FORCE FOR FIVE YEARS FROM JULY 11, 1973." //82
STAT. 341.//
(B) SECTION 4426 OF THE REVISED STATUTES OF THE UNITED STATES (46 U.
S.C. 404), AS AMENDED, IS FURTHER AMENDED BY DELETING THE ENTIRE LAST
SENTENCE AND SUBSTITUTING IN LIEU THEREOF THE FOLLOWING SENTENCE:
"THE EXEMPTION IN THE PRECEDING SENTENCE FOR CANNERY TENDER AND
FISHERY TENDER VESSELS SHALL CONTINUE IN FORCE FOR FIVE YEARS FROM JULY
11, 1973."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 136 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 233 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 8, CONSIDERED AND PASSED HOUSE. JUNE 22, CONSIDERED AND
PASSED SENATE, AMENDED. JUNE 28, HOUSE CONCURRED IN SENATE
AMENDMENTS.
PUBLIC LAW 93-64, 87 STAT. 147
TO AMEND TITLES 10 AND 37, UNITED STATES CODE, TO MAKE
PERMANENT CERTAIN PROVISIONS OF THE DEPENDENTS ASSISTANCE ACT OF
1950, 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,
TITLE I -- AMENDMENTS TO MAKE PERMANENT CERTAIN PROVISIONS OF
THE DEPENDENTS ASSISTANCE ACT OF 1950, AS AMENDED
SEC. 101. SECTIONS 10, 11, AND 12 OF THE DEPENDENTS ASSISTANCE ACT
OF 1950 (50 APP. U.S.C. 2210, 2211, AND 2212) ARE REPEALED. //64 STAT.
796.//
SEC. 102. CHAPTER 59 OF TITLE 10, UNITED STATES CODE, IS AMENDED BY
ADDING AFTER SECTION 1172 THE FOLLOWING NEW SECTION AND INSERTING A
CORRESPONDING ITEM IN THE ANALYSIS: //70A STAT. 89; 81 STAT. 757. 10
U.S.C. 1161.//
"^ 1173. ENLISTED MEMBERS: DISCHARGE FOR HARDSHIP
"UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, A REGULAR
ENLISTED MEMBER OF THE ARMED FORCE WHO HAS DEPENDENTS MAY BE DISCHARGED
FOR HARDSHIP." //87 STAT. 148.//
SEC, 103. SECTION 401 OF TITLE 37, UNITED STATES CODE, IS AMENDED BY
-- //76 STAT. 469.//
(1) AMENDING CALUSE (2) TO READ AS FOLLOWS:
"(2) HIS UNMARRIED CHILD (INCLUDING ANY OF THE FOLLOWING
CATEGORIES OF CHILDREN IF SUCH CHILD IS IN FACT DEPENDENT ON THE
MEMBER: A STEPCHILD; AND ADOPTED CHILD; OR AN ILLEGITIMATE
CHILD WHOSE ALLEGED MEMBER-FATHER HAS BEEN JUDICIALLY DECREED TO
BE THE FATHER OF THE CHILD OR JUDICIALLY ORDERED TO CONTRIBUTE TO
THE CHILD'S SUPPORT, OR WHOSE PARENTAGE HAS BEEN ADMITTED IN
WRITING BY THE MEMBER) WHO EITHER --
"(A) IS UNDER 21 YEARS OF AGE; OR
"(B) IS INCAPABLE OF SELF-SUPPORT BECAUSE OF A MENTAL OR
PHYSICAL INCAPACITY, AND IN FACT DEPENDENT ON THE MEMBER FOR OVER
ONE-HALF OF HIS SUPPORT; AND"; AND
(2) STRIKING OUT THE FIRST SENTENCE AFTER CALUSE (3).
SEC. 104. SECTION 401 (3) OF TITLE 37, UNITED STATES CODE, IS
AMENDED TO READ AS FOLLOWS:
"(3) HIS PARENT (INCLUDING A STEPPARENT OR PARENT BY ADOPTION,
AND ANY PERSON, INCLUDING A FORMER STEPPARENT, WHO HAS STOOD IN
LOCO PARENTIS TO THE MEMBER AT ANY TIME FOR A CONTINUOUS PERIOD OF
AT LEAST FIVE YEARS BEFORE THE MEMBER BECAME 21 YEARS OF AGE) WHO
IS IN FACT DEPENDENT ON ON THE MEMBER FOR OVER ONE-HALF OF HIS
SUPPORT; HOWEVER, THE DEPENDENCY OF SUCH A PARENT IS DETERMINED
ON THE BASIS OF AN AFFIDAVIT SUBMITTED BY THE PARENT, AND ANY
OTHER EVIDENCE REQUIRED UNDER REGULATIONS PRESCRIBED BY THE
SECRETARY CONCERNED, AND HE IS NOT CONSIDERED A DEPENDENT OF THE
MEMBER CLAIMING THE DEPENDENCE UNLESS --
"(A) THE MEMBER HAS PROVIDED OVER ONE-HALF OF HIS SUPPORT FOR
THE PERIOD PRESCRIBED BY THE SECRETARY CONCERNED; OR
"(B) DUE TO CHANGED CIRCUMSTANCES ARISING AFTER THE MEMBER
ENTERS ON ACTIVE DUTY, HE BECOMES IN FACT DEPENDENT ON THE MEMBER
FOR OVER ONE-HALF OF HIS SUPPORT."
SEC. 105. SECTION 403 OF TITLE 37 IS AMENDED --
(1) BY STRIKING OUT THAT PART OF THE TABLE IN SUBSECTION (A)
WHICH PRESCRIBES MONTHLY BASIC ALLOWANCES FOR QUARTERS FOR
ENLISTED MEMBERS IN PAY GRADES E-1, E-2, E-3, E-4 (FOUR YEARS' OR
LESS SERVICE), AND E-4 (OVER FOUR YEARS' SERVICE) AND INSERTING IN
PLACE THEREOF THE FOLLOWING: //76 STAT. 470; 77 STAT. 216; 85
STAT. 358.//
"E-4.;........................................$81.60 $121.50
E-3...........................................72.30 105.00
E-2...........................................63.90 105.00
E-1...........................................60.00 105.00";
(2) BY STRIKING OUT THE LAST SENTENCE IN SUBSECTION (A); //87
STAT. 148//
(3) BY STRIKING OUT "SUBSECTION (G)" IN THE SECOND SENTENCE OF
SUBSECTION (B), AND INSERTING IN PLACE THEREOF "SUBSECTION (J):;
//87 STAT. 149.//
(4) BY INSERTING THE FOLLOWING NEW SUBSECTION AFTER SUBSECTION
(F):
"(G) AN AVIATION CADET OF THE NAVY, AIR FORCE, MARINE CORPS, OR COAST
GUARD IS ENTITLED TO THE SAME BASIC ALLOWANCE FOR QUATERS AS A MEMBER OF
THE UNIFORMED SERVICES IN PAY GRADE E-4.
"(H) THE SECRETARY CONCERNED, OR HIS DESIGNEE, MAY MAKE ANY
DETERMINATION NECESSARY TO ADMINISTER THIS SECTION WITH REGARD TO
ENLISTED MEMBERS, INCLUDING DETERMINATIONS OF DEPENDENCY AND
RELATIONSHIP, AND MAY, WHEN WARRANTED BY THE CIRCUMSTANCES, RECONSIDER
AND CHANGE OR MODIFY ANY SUCH DETERMINATION. THIS AUTHORITY MAY BE
REDELEGATED BY THE SECRETARY CONCERED OR HIS DESIGNEE. ANY
DETERMINATION MADE UNDER THIS SECTION WITH REGARD TO ENLISTED MEMBERS IS
FINAL AND IS NOT SUBJECT TO REVIEW BY ANY ACCOUNTING OFFICER OF THE
UNITED STATES OR A COURT, UNLESS THERE IS FRAUD OR GROSS NEGLIGENCE.
"(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE BASIC ALLOWANCE
FOR QUARTERS TO WHICH AN ENLISTED MEMBER MAY BE ENTITLED AS A MEMBER
WITH DEPENDENTS SHALL NOT, FOR SUCH PERIOD AS THE SECRETARY CONCERNED
MAY PRESCRIBE, BE CONTINGENT ON THE RIGHT OF SUCH MEMBER TO RECEIVE
PAY."; AND
(5) BY REDESIGNATING SUBSECTION (G) AS SUBSECTION (J).
SEC. 201. SECTION 302 OF TITLE 37, UNITED STATES CODE, IS AMENDED BY
STRIKING OUT "JULY 1, 1973" WHEREVER IT APPEARS THEREIN AND INSERTING IN
PLACE THEREOF "JULY 1, 1975". //85 STAT. 355.//
SEC. 202. SECTION 302A OF TITLE 37, UNITED STATES CODE, IS AMENDED
BY STRIKING OUT "JULY 1, 1973" WHEREVER IT APPEARS THEREIN AND INSERTING
IN PLACE THEREOF "JULY 1, 1975". //85 STAT. 357.//
SEC. 203. SECTION 303 OF TITLE 37 UNITED STATES CODE, IS AMENDED BY
STRIKING OUT "JULY 1, 1973" WHEREVER IT APPEARS THEREIN AND INSERTING IN
PLACE THEREOF "JULY 1, 1975".
SEC. 204. SECTION 308A OF TITLE 37, UNITED STATES CODE, IS AMENDED
BY -- //85 STAT. 358.
(1) STRIKING OUT THE PHRASES "ANY COMBAT ELEMENT OF AN ARMED
FORCE" AND "A COMBAT ELEMENT OF AN ARMED FORCE" IN THE FIRST
SENTENCE OF SUBSECTION (A) AND INSERTING IN PLACE THEREOF THE
PHRASES "THE CAREER FIELD OF INFANTRY, ARMOR, OR
.
INFANTRY, FIELD ARTILLERY, OR TANK AND AMPHIBIAN TRACTOR IN THE
MARINE CORPS" AND "SUCH A CAREER FIELD", RESPECTIVELY; AND
(2) STRIKING OUT IN SUBSECTION (C) "JUNE 30, 1973" AND
INSERTING IN PLACE THEREOF "JUNE 30, 1974".
SEC. 205. SECTION 207 OF THE CAREER COMPENSATION ACT OF 1949, AS
AMENDED (70 STAT. 337), IS REPEALED. //63 STAT. 811.//
SEC. 206. THIS ACT SHALL BECOME EFFECTIVE JULY 1, 1973.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 282 (COMM. ON ARMED SERVICES) AND
NO. 93 - 361 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 235 ACCOMPANYING S. 1916 (COMM. ON ARMED
SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 19, CONSIDERED AND PASSED HOUSE. JUNE 22, CONSIDERED AND
PASSED SENATE, AMENDED, IN LIEU
OF S. 1916. JUNE 28, HOUSE DISCUSSED BILL AND INSTRUCTED
CONFEREES. JUNE 29, HOUSE AND SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-63, 87 STAT. 147
TO PROVIDE FOR AN EXTENSION OF CERTAIN LAWS RELATING TO THE
PAYMENT OF INTEREST ON TIME AND SAVINGS DEPOSITS.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 7 OF THE ACT OF
SEPTEMBER 21, 1966 (PUBLIC LAW 89 - 597; 80 STAT. 823), IS AMENDED BY
STRIKING OUT "JUNE 1, 1973" AND INSERTING IN LIEU THEREOF "AUGUST 1,
1973". //85 STAT. 38. 12 U.S.C. 461 NOTE.//
LEGISLATIVE HISTORY
SENATE REPORT NO. 93 - 264 (COMM. ON BANKING, HOUSING AND
URBAN AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 28, CONSIDERED AND PASSED SENATE. JUNE 28, CONSIDERED AND
PASSED HOUSE, AMENDED. JUNE 29, SENATE AGREED TO HOUSE AMENDMENT.
PUBLIC LAW 93-62, 87 STAT. 146
TO AMEND THE NATIONAL VISITOR CENTER VACILITIES ACT OF 1968,
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 NATIONAL
VISITOR CENTER FACILITIES ACT OF 1968 (82 STAT. 43), IS AMENDED BY
INSERTING AFTER SUBSECTION (B) IN SECTION 102 THE FOLLOWING NEW
SUBSECTION: //40 U.S.C. 802.//
"(C) IN ADDITION TO THE ALTERATIONS AND CONSTRUCTION BY THE COMPANY
PURSUANT TO SUBSECTION (A) OF THIS SECTION, THE SECRETARY IS AUTHORIZED
TO UNDERTAKE, DIRECTLY BY COMPETITIVE BIDDING OR, IF HE DEEMS IT TO BE
IN THE BEST INTEREST OF THE UNITED STATES, BY NEGOTIATED CONTRACT WITH
THE COMPANY, ITS SUCCESSORS, AGENTS, AND ASSIGNS, SUCH ALTERATIONS AND
CONSTRUCTION, WITH REGARD TO THE UNION STATION BUILDING AND THE ADJACENT
PARKING FACILITY, AS HE DEEMS NECESSARY, TO SUPPLEMENT THE ACTIVITIES OF
THE COMPANY IN PROVIDING ADEQUATE FACILITIES FOR VISITORS UNDER THE
AGREEMENTS AND LEASES REFERRED TO IN SUBSECTION (A). THE SECRETARY MAY
EXERCISE THE AUTHORITY UNDER THIS SUBSECTION WITHOUT REGARD TO WHETHER
OR NOT TITLE TO THE UNION STATION BUILDING OR THE AIRSPACE ADJACENT
THERETO IS IN THE UNITED STATES: PROVIDED, THAT HE SHALL HAVE ENTERED
INTO AN AGREEMENT FOR A LEASE (BUT SUCH LEASE NEED NOT HAVE COMMENCED)
WITH THE COMPANY INCORPORATING THE PROVISIONS OF PARAGRAPH (5) OF
SUBSECTION (A) PRIOR TO THE EXERCISE OF THE AUTHORITY UNDER THIS
SUBSECTION: AND PROVIDED FURTHER, THAT NOT TO EXCEED $8,680,000 OF THE
FUNDS AUTHORIZED TO BE APPROPRIATED IN SECTION 109 SHALL BE AVAILABLE
FOR THE SECRETARY TO CARRY OUT THE PROVISIONS OF THIS SUBSECTION." //40
U.S.C. 807.//
SEC. 2. THE NATIONAL VISITOR CENTER FACILITIES ACT OF 1968 (82 STAT.
43) IS AMENDED BY REVISING SECTION 104 TO READ AS FOLLOWS: //40 U.S.C.
804.//
"SEC. 104. THE SECRETARY IS DIRECTED TO UTILIZE THE AUTHORITY UNDER
THE ACT OF AUGUST 25, 1916 (39 STAT. 535), AS AMENDED AND SUPPLEMENTED
(16 U.S.C. 1 ET SEQ.), TO PROVIDE INTERPRETIVE TRANSPORTATION SERVICES
BETWEEN OR IN FEDERAL AREAS WITHIN THE DISTRICT OF COLUMBIA AND
ENVIRONS, INCLUDING, BUT NOT LIMITED TO, TRANSPORTATION OF VISITORS ON,
AMONG, AND BETWEEN THE MALL, THE ELLIPSE, THE NATIONAL VISITOR CENTER,
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS, AND EAST AND WEST
POTOMAC PARK, AND SUCH OTHER VISITOR FACILITIES AS MAY BE ESTABLISHED
PURSUANT TO THIS ACT, AND, WITH THE CONCURRENCE OF THE ARCHITECT OF THE
CAPITOL, TO PROVIDE SUCH SERVICES ON, AMONG, AND BETWEEN SUCH AREAS AND
THE UNITED STATES CAPITOL GROUNDS. THE SECRETARY SHALL DETERMINE THAT
SUCH SERVICES ARE DESIRABLE TO FACILITATE VISITATION TO INSURE PROPER
MANAGEMENT AND PROTECTION OF SUCH AREAS. //87 STAT. 147.// SUCH
INTERPRETIVE TRANSPORTATION SERVICES SHALL, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, BE DEEMED TRANSPORTATION BY THE UNITED
STATES AND SHALL BE UNDER THE SOLE AND EXCLUSIVE CHARGE AND CONTROL OF
THE SECRETARY."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 209 (COMM. ON PUBLIC WORKS).
SENATE REPORT NO. 93 - 228 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 30, CONSIDERED AND PASSED HOUSE. JUNE 22, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-61, 87 STAT. 145
TO APPORTION FUNDS FOR THE NATIONAL SYSTEM OF INTERSTATE AND
DEFENSE HIGHWAYS AND TO AUTHORIZE FUNDS IN ACCORDANCE WITH TITLE
23, UNITED STATES CODE, FOR FISCAL YEAR 1974, AND FOR OTHER
PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT
SECTION 1. THE SECRETARY OF TRANSPORTATION SHALL APPORTION
$1,000,000,000 OF THE SUMS AUTHORIZED TO BE APPORTIONED FOR FISCAL YEAR
1974 FOR IMMEDIATE EXPENDITURE ON THE NATIONAL SYSTEM OF INTERSTATE AND
DEFENSE HIGHWAYS, USING THE APPORTIONMENT FACTORS CONTAINED IN REVISED
TABLE 5, HOUSE REPORT NUMBERED 92 - 1443.
SEC. 2. FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF TITLE 23,
UNITED STATES CODE, THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED, OUT
OF THE HIGHWAY TRSUT FUND, $500,000,000 FOR THE FEDERAL-AID PRIMARY
SYSTEM, THE FEDERAL-AID SECONDARY SYSTEM, AND FOR THEIR EXTENSIONS
WITHIN URBAN AREAS FOR THE FISCAL YEAR ENDING JUNE 30, 1974. //23 U.S.
C. 101 ET SEQ. 87 STAT. 145.// THE SUMS AUTHORIZED IN THIS SECTION SHALL
BE AVAILABLE FOR EXPENDITURE AS FOLLOWS: //87 STAT. 146.//
(A) 45 PER CENTUM FOR PROJECTS ON THE FEDERAL-AID PRIMARY
HIGHWAY SYSTEM;
(B) 30 PER CENTUM FOR PROJECTS ON THE FEDERAL-AID SECONDARY
HIGHWAY SYSTEM; AND
(C) 25 PER CENTUM FOR PROJECTS ON EXTENSION OF THE FEDERAL-AID
PRIMARY AND FEDERAL-AID SECONDARY HIGHWAY SYSTEMS IN URBAN AREAS.
SEC. 3. THE TIME REQUIREMENTS IN SECTION 104 (B) OF TITLE 23, UNITED
STATES CODE, SHALL NOT BE APPLICABLE TO THE APPORTIONMENT OF SUMS
AUTHORIZED BY THIS ACT FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND THE
SECRETARY SHALL APPORTION SUCH SUMS FOR SUCH FISCAL YEAR AS SOON AS
PRACTICABLE AFTER THE DATE OF ENACTMENT OF THIS ACT. //84 STAT. 1714.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 158 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 23, CONSIDERED AND PASSED SENATE. JUNE 28, CONSIDERED AND
PASSED HOUSE, AMENDED; SENATE
CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-60, 87 STAT. 143
TO AUTHORIZE APPROPRIATIONS TO THE ATOMIC ENERGY COMMISSION IN
ACCORDANCE WITH SECTION 261 OF THE ATOMIC ENERGY ACT OF 1954, 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,
SEC. 101. THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED TO THE
ATOMIC ENERGY COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF SECTION
261 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED: //77 STAT. 88. 42 U.
S.C. 2017.//
(A) FOR "OPERATING EXPENSES", $1,740,750,000 NOT TO EXCEED
$128,800,000 IN OPERATING COSTS FOR THE HIGH ENERGY PHYSICS PROGRAM
CATEGORY.
(B) FOR "PLANT AND CAPITAL EQUIPMENT", INCLUDING CONSTRUCTION
ACQUISITION, OR MODIFICATION OF FACILITIES, INCLUDING LAND ACQUISITION;
AND ACQUISITION AND FABRICATION OF CAPITAL EQUIPMENT NOT RELATED TO
CONSTRUCTION, A SUM OF DOLLARS EQUAL TO THE TOTAL OF THE FOLLOWING:
(1) NUCLEAR MATERIALS. --
PROJECT 74 - 1 - A, ADDITIONAL FACILITIES, HIGH LEVEL WASTE STORAGE,
SAVANNAH RIVER, SOUTH CAROLINA, $14,000,000.
PROJECT 74 - 1 - B, REPLACEMENT VENTILATION, AIR FILTER, F CHEMICAL
SEPARATIONS AREA, SAVANNAH RIVER, SOUTH CAROLINA, $5,200,000.
PROJECT 74 - 1 - C, CALCINED SOLIDS STORAGE AND PLANT SAFETY
IMPROVEMENTS, IDAHO CHEMICAL PROCESSING PLANT, NATIONAL REACTOR TESTING
STATION, IDAHO, $3,000,000.
PROJECT 74 - 1 - D, COOLING TOWER FIRE PROTECTION, GASEOUS DIFFUSION
PLANTS, $3,300,000.
PROJECT 74 - 1 - E, NEW PURGE CASCADE, GASEOUS DIFFUSION PLANT, OAK
RIDGE, TENNESSEE, $5,900,000.
PROJECT 74 - 1 - F, PLANT LIQUID EFFLUENT POLLUTION CONTROL, GASSEOUS
DIFFUSION PLANTS, $8,000,000.
PROJECT 74 - 1 - G, CASCADE UPRATING PROGRAM, GASEOUS DIFFUSION
PLANTS (PARTIEAL AE AND LIMITED COMPONENT PROCUREMENT ONLY), $6,000,000.
PROJECT 74 - 1 - H, TRANSURANIUM CONTAMINATED SOLID WASTE TREATMENT
DEVELOPMENT FACILITY, LOS ALAMOS SCIENTIFIC LABORATORY, NEW MEXICO,
$1,650,000.
(2) ATOMIC WEAPONS. --
PROJECT 74 - 2 - A, WEAPONS PRODUCTION, DEVELOPMENT, AND TEST
INSTALLATIONS, $10,000,000.
PROJECT 74 - 2 - B, ACID WASTE NEUTRALIZATION AND RECYCLE FACILITIES,
Y - 12 PLANT, OAK RIDGE, TENNESSEE, $1,700,000.
PROJECT 74 - 2 - C, HIGH ENERGY LASER FACILITY, LAWRENCE LIVERMORE
LABORATORY, CALIFORNIA, $20,000,000.
PROJECT 74 - 2 - D, NATIONAL SECURITY AND RESOURCES STUDY CENTER (AE
ONLY), SITE UNDESIGNATED, $350,000.
(3) REACTOR DEVELOPMENT
PROJECT 74 - 3 - A, LIQUID METAL ENGINEERING CENTER (LMEC) FACILITY
MODIFICATIONS, SANTA SUSANA, CALIFORNIA, $3,000,000.
PROJECT 74 - 3 - B, MODIFICATIONS TO EBR - II, NATIONAL REACTOR
TESTING STATION, IDAHO, $2,000,000.
PROJECT 74 - 3 - C, EMERGENCY PROCESS WASTE TREATMENT FACILITY, OAK
RIDGE NATIONAL LABORATORY, TENNESSEE, $1,300,000.
PROJECT 74 - 3 - D, MODIFICATIONS TO REACTORS, $2,000,000.
PROJECT 74 - 3 - E, MODIFICATIONS TO TREAT FACILITY, NATIONAL REACTOR
TESTING STATION, IDAHO, $2,500,000. //87 STAT. 144//
(4) PHYSICAL RESEARCH. --
PROJECT 74 - 4 - A, ACCELLERATOR AND REACTOR IMPROVEMENTS, HIGH
ENERGY PHYSICS, $1,700,000.
PROJECT 74 - 4 - B, ACCELERATOR AND REACTOR IMPROVEMENTS, MEDIUM AND
LOW ENERGY PHYSICS, $600,000.
(5) PHYSICAL RESEARCH. --
PROJECT 74 - 5 - A, COMPUTATION BUILDING, STANFORD LINEAR ACCELERATOR
CENTER CALIFORNIA, $2,900,000.
(6) BIOMEDICAL AND ENVIRONMENTAL RESEARCH. --
PROJECT 74 - 6 - A, ADDITION TO PHYSICS BUILDING (HUMAN RADIOBIOLOGY
FACILITY), ARGONNE NATIONAL LABORATORY, ILLINOIS, $1,300,000.
(7) GENERAL PLANT PROJECTS. -- $47,825,000.
(8) CONSTRUCTION PLANNING AND DESIGN. -- $1,000,000.
(9) CAPITAL EQUIPMENT. -- ACQUISITION AND FABRICATION OF CAPITAL
EQUIPMENT NOT RELATED TO CONSTRUCTION, $172,300,000.
SEC. 102. LIMITATIONS. -- (A) THE COMMISSION IS AUTHORIZED TO START
ANY PROJECT SET FORTH IN SUBSECTIONS 101 (B) (1), (2) (3), AND (4) ONLY
IF THE CURRENTLY ESTIMATED COST OF THAT PROJECT DOES NOT EXCEED BY MORE
THAN 25 PER CENTUM THE ESTIMATED COST SET FORTH FOR THAT PROJECT.
(B) THE COMMISSION IS AUTHORIZED TO START ANY PROJECT UNDER
SUBSECTIONS 101 (B), (5), (6), AND (8) ONLY IF THE CURRENTLY ESTIMATED
COST OF THAT PROJECT DOES NOT EXCEED BY MORE THAN 10 PER CENTUM THE
ESTIMATED COST SET FORTH FOR THAT PROJECT.
(C) THE COMMISSION IS AUTHORIZED TO START ANY PROJECT UNDER
SUBSECTION 101 (B) (7) ONLY IF IT IS IN ACCORDANCE WITH THE FOLLOWING:
(1) THE MAXIMUM CURRENTLY ESTIMATED COST OF ANY PROJECT SHALL
BE $500,000 AND THE MAXIMUM CURRENTLY ESTIMATED COST OF ANY
BUILDING INCLUDED IN SUCH PROJECT SHALL BE $100,000, PROVIDED THAT
THE BUILDING COST LIMITATION MAY BE EXCEEDED IF THE COMMISSION
DETERMINES THAT IT IS NECESSARY IN THE INTEREST OF EFFICIENCY AND
ECONOMY.
(2) THE TOTAL COST OF ALL PROJECTS UNDERTAKEN UNDER SUBSECTION
101 (B) (7) SHALL NOT EXCEED THE ESTIMATED COST SET FORTH IN THAT
SUBSECTION BY MORE THAN 10 PER CENTUM.
(D) THE TOTAL COST OF ANY PROJECT AUTHORIZED UNDER SUBSECTIONS 101
(B) (1), (2), (3), AND (4) SHALL NOT EXCEED THE ESTIMATED COST SET FORTH
FOR THAT PROJECT BY MORE THAN 25 PER CENTUM, UNLESS AND UNTIL ADDITIONAL
APPROPRIATIONS ARE AUTHORIZED UNDER SECTION 261 OF THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED. //77 STAT. 88. 42 U.S.C. 2017.//
(E) THE TOTAL COST OF ANY PROJECT AUTHORIZED UNDER SUBSECTIONS 101
(B) (5), (6), (7), AND (8) SHALL NOT EXCEED THE ESTIMATED COST SET FORTH
FOR THAT PROJECT BY 10 PER CENTUM UNLESS AND UNTIL ADDITIONAL
APPROPRIATIONS ARE AUTHORIZED UNDER SECTION 261 OF THE ATOMIC ENERGY ACT
OF 1954, AS AMENDED.
SEC. 103. THE COMMISSION IS AUTHORIZED TO PERFORM CONSTRUCTION
DESIGN SERVICES FOR ANY COMMISSION CONSTRUCTION PROJECT WHENEVER (1)
SUCH CONSTRUCTION PROJECT HAS BEEN INCLUDED IN A PROPOSED AUTHORIZATION
BILL TRANSMITTED TO THE CONGRESS BY THE COMMISSION AND (2) THE
COMMISSION DETERMINES THAT THE PROJECT IS OF SUCH URGENCY THAT
CONSTRUCTION OF THE PROJECT SHOULD BE INITIATED PROMPTLY UPON ENACTMENT
OF LEGISLATION APPROPRIATING FUNDS FOR ITS CONSTRUCTION.
SEC. 104. WHEN SO SPECIFIED IN AN APPROPRIATION ACT, TRANSFERS OF
AMOUNTS BETWEEN "OPERATING EXPENSES" AND"PLANT AND CAPITAL EQUIPMENT"
MAY BE MADE AS PROVIDED IN SUCH APPROPRIATION ACT.
SEC. 105. AMENDMENT OF PRIOR YEAR ACTS. -- (A) SECTION 101 OF PUBLIC
LAW 91 - 273, AS AMENDED, IS FURTHER AMENDED BY (1) STRIKING FROM
SUBSECTION (B) (1), PROJECT 71 - 1 - E, GASEOUS DIFFUSION PRODUCTION
SUPPORT FACILITIES, THE FIGURE "$72,020,000" AND SUBSTITUTING THEREFOR
THE FIGURE "$105,900,000", (2) STRIKING FROM SUBSECTION (B) (1), PROJECT
71 - 1 - F, PROCESS EQUIPMENT MODIFICATIONS, GASEOUS DIFFUSION PLANTS,
THE FIGURE "$34,400,000" AND SUBSTITUTING THEREFOR THE FIGURE
"$172,100,000", AND (3) STRIKING FROM SUBSECTION (B) (9), PROJECT 71 -
9, FIRE SAFETY, AND ADEQUACY OF OPERATING CONDITIONS PROJECTS, VARIOUS
LOCATIONS, THE FIGURE "$69,000,000" AND SUBSTITUTING THEREFOR THE FIGURE
"$193,000,000". //86 STAT. 225. 84 STAT. 1565; 86 STAT. 225.//
(B) SECTION 106 OF PUBLIC LAW 91 - 273, AS AMENDED, IS FURTHER
AMENDED BY ADDING THE FOLLOWING SENTENCE AT THE END OF THE PRESENT TEXT
OF SUBSECTION (A) THEREOF: //84 STAT. 300; 85 STAT. 306.//
"NOTWITHSTANDING THE FOREGOING, AUTHORIZATION OF ADDITIONAL
APPROPRIATIONS FOR THE CONDUCT OF PROJECT DEFINITION PHASE ACTIVITIES
SUBSEQUENT TO THE EXECUTION OF THE AFOREMENTIONED COOPERATIVE
ARRANGEMENT, IN THE AMOUNT OF $2,000,000, IS HEREBY AUTHORIZED.".
(C) SECTION 101 OF PUBLIC LAW 92 - 314 IS AMENDED BY (1) STRIKING
FROM SUBSECTION (B) (1), PROJECT 73 - 1 - D, COMPONENT TEST FACILITY,
OAK RIDGE, TENNESSEE, THE FIGURE "$20,475,000" AND SUBSTITUTING THEREFOR
THE FIGURE "$26,675,000", AND (2) STRIKING FROM SUBSECTION (B) (5),
PROJECT 73 - 5 - H, S8G PROTOTYPE NUCLEAR PROPULSION PLANT, WEST MILTON,
NEW YORK, THE FIGURE "(56,000,000" AND SUBSTITUTING THEREFOR THE FIGURE
"$125,000,000". //86 STAT. 223.//
SEC. 106. RESCISSION. -- (A) PUBLIC LAW 91 - 273, AS AMENDED, IS
FURTHER AMENDED BY RESCINDING THEREFROM AUTHORIZATION FOR A PROJECT,
EXCEPT FOR FUNDS THERETOFORE OBLIGATED, AS FOLLOWS:
PROJECT 71 - 5 - A, ADDITION TO PHYSICS BUILDING (HUMAN RADIOBIOLOGY
FACILITY), ARGONNE NATIONAL LABORATORY, ILLINOIS, $2,000,000.
(B) PUBLIC LAW 92 - 314 IS AMENDED BY RESCINDING THEREFROM
AUTHORIZATION FOR A PROJECT, EXCEPT FOR FUNDS HERETOFORE OBLIGATED, AS
FOLLOWS: ALAMOS SCIENTIFIC LABORATORY, NEW MEXICO, $750,000.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 280 ACCOMPANYING H. R. 8662 (JOINT
COMM. ON ATOMIC ENERGY).
SENATE REPORT NO. 93 - 224 (JOINT COMM. ON ATOMIC ENERGY).
CONGRESSIONAL RECROD, VOL. 119 (1973):
JUNE 21, 22, CONSIDERED AND PASSED SENATE. JUNE 25, CONSIDERED
AND PASSED HOUSE, IN LIEU OF H. R. 8662.
PUBLIC LAW 93-59, 87 STAT. 142
TO FURTHER AMEND THE UNITED STATES INFORMATION AND EDUCATIONAL
EXCHANGE ACT OF 1948.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 703 OF THE
UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948, AS
AMENDED, IS HEREBY AMENDED TO INSERT THE FOLLOWING SENTENCE BETWEEN THE
FIRST AND SECOND SENTENCE THEREOF: "THERE ARE FURTHER AUTHORIZED TO BE
APPROPRIATED IN FISCAL YEAR 1973 NOT TO EXCEED $4,150,000 FOR
NONDISCRETIONARY COSTS.". //86 STAT. 114, 577. 22 U.S.C. 1477A.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 266 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 28, CONSIDERED AND PASSED SENATE. JUNE 29, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-58, 87 STAT. 141
TO AMEND SECTIONS 3 (E) AND (5) (1) (1) OF THE RAILROAD
RETIREMENT ACT OF 1937 TO SIMPLIFY ADMINISTRATION OF THE ACT; AND
TO AMEND SECTION 226 (E) OF THE SOCIAL SECURITY ACT TO EXTEND
KIDNEY DISEASE MEDICARE COVERAGE TO RAILROAD EMPLOYEES, THEIR
SPOUSES, AND THEIR DEPENDENT 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 SECTION 3 (E) OF
THE RAILROAD RETIREMENT ACT OF 1937 IS AMENDED BY STRIKING OUT THE WORD
"AND" AFTER CLAUSE (IX) IN THE SECOND PARAGRAPH THEREOF AND INSERTING
AFTER THE SEMICOLON IN CLUASE (X) IN SUCH SECOND PARAGRAPH THE FOLLOWING
NEW CLAUSES:
"'(XI) YEARS OF COVERAGE AS DEFIENED IN SECTION 215 (A) OF THE SOCIAL
SECURITY ACT FOR AN EMPLOYEE WHO HAS BEEN AWARDED AN ANNUITY UNDER
SECTION 2 OF THIS ACT SHALL BE DETERMINED ONLY ON THE BASIS OF HIS WAGES
AND SELF-EMPLOYMENT INCOME CREDITED UNDER THE SOCIAL SECURITY ACT
THROUGH THE LATER OF DECEMBER 31, 1971, OR DECEMBER 31 OF THE YEAR
PRECEDING THE YEAR IN WHICH HIS ANNUITY BEGAN TO ACCRUE; AND (XII) IN
DETERMINING INCREMENT MONTS FOR THE PURPOSE OF A DELAYED RETIREMENT
INCREASE, SECTION 303 (W) (2) (B) (II) OF THE SOCIAL SECURITY ACT SHALL
BE DEEMED TO READ AS FOLLOWS: "SUCH INDIVIDUAL WAS NOT ENTITLED TO AN
OLD-AGE INSURANCE BENEFIT";'." //82 STAT. 18; 86 STAT. 764. 45 U.S.C.
228C. 86 STAT. 410, 1333. 42 U.S.C. 415. 45 U.S.C. 228B.//
SEC. 2. SECTION 5 (L) (1) OF THE RAILROAD RETIREMENT ACT OF 1937 IS
AMENDED --
(1) BY STRIKING OUT FROM CLAUSE (II) "SHALL NOT BE ADOPTED
AFTER SUCH DEATH BY OTHER THAN A STEPPARENT, GRANDPARENT, AUNT,
UNCLE, BROTHER, OR SISTER;"; //60 STAT. 733; 65 STAT. 688; 80
STAT. 1084. 45 U.S.C. 228E.//
(2) BY STRIKING OUT FROM SUCH CLAUSE (II) "AGE EIGHTEEN" AND
INSERTING IN LIEU THEREOF "AGE TWENTY-TWO OR BEFORE THE CLOSE OF
THE EIGHTY-FOURTH MONTH FOLLOWING THE MONTH IN WHICH HIS MOST
RECENT ENTITLEMENT TO AN ANNUITY UNDER SECTION 5 (C) OF THIS ACT
TERMINATED BECAUSE HE CEASED TO BE UNDER SUCH A DISABILITY";
(3) BY STRIKING FROM THE THIRD SENTENCE THEREOF "202 (D) (3) OR
(4)" AND INSERTING IN LIEU THEREOF "202 (D) (3), (4) OR (9)";
(4) BY ADDING IMMEDIATELY AFTER THE SEVENTH SENTENCE THEREOF
THE FOLLOWING NEW SENTENCE: "A CHILD WHOSE ENTITLEMENT TO AN
ANNUITY UNDER SECTION 5 (C) OF THIS ACT WAS TERMINATED BECAUSE HE
CEASED TO BE DISABLED AS PROVIDED IN CLAUSE (II) OF THIS PARAGRAPH
AND WHO BECOMES AGAIN DISABLED AS PROVIDED IN SUCY CLAUSE (II),
MAY BECOME REENTITLED TO AN ANNUITY ON THE BASIS OF SUCH
DISABILITY UPON HIS APPLICATION FOR SUCH REENTITLEMENT."; AND
(5) BY ADDING THE FOLLOIWNG NEW PARAGRAPH AT THE END THEREOF:
"A CHILD WHO ATTAINS AGE TWENTY-TWO AT A TIME WHEN HE HE IS A
FULL-TIME STUDENT (AS DEFINED IN SUBPARAGRAPH (A) OF PARAGRAPH 7
OF SECTION 202 (D) OF THE SOCIAL SECURITY ACT AND WITHOUT THE
APPLICATION OF SUBPARAGRAPH (B) OF SUCH PARAGRAPH) BUT HAS NOT (AT
SUCH TIME) COMPLETED THE REQUIREMENTS FOR, OR RECEIVED, A DEGREE
FROM A FOUR-YEAR COLLEGE OR UNIVERSITY SHALL BE DEEMED (FOR
PURPOSES OF DETERMINING WHETHER HIS ENTITLEMENT TO AN ANNUITY
UNDER THIS SECTION HAS TERMINATED UNDER SUBSECTION (J) AND FOR
PURPOSES OF DETERMINING HIS INITIAL ENTITLEMENT TO SUCH AN
ANNUITY) NOT TO HAVE ATTAINED SUCH AGE UNTIL THE FIRST DAY OF THE
FIRST MONTH FOLLOWING THE END OF THE QUARTER OR SEMESTER IN WHICH
HE IS ENROLLED AT SUCH TIME (OR, IF THE EDUCATIONAL INSTITUTION IN
WHICH HE IS ENROLLED IS NOT OPERATED ON A QUARTER OR SEMESTER
SYSTEM, UNTIL THE FIRST DAY OF THE FIRST MONTH FOLLOWING THE
COMPLETION OF THE COURSE IN WHICH HE IS SO ENROLLED OR UNTIL THE
FIRST DAY OF THE THIRD MONTH BEGINNING AFTER SUCH TIME, WHICHEVER
FIRST OCCURS)." //79 STAT. 371; 81 STAT. 860. 42 U.S.C. 402.//
SEC. 3. SECTION 226 (E) OF THE SOCIAL SECURITY ACT IS AMENDED --
(1) BY INSERTING "OR WOULD BE FULLY OR CURRENTLY INSURED IF HIS
SERVICE AS AN EMPLOYEE (AS DEFINED IN THE RAILROAD RETIREMENT ACT
OF 1937) AFTER DECEMBER 31, 1936, WERE INCLUDED IN THE TERM
'EMPLOYMENT' AS DEFINED IN THIS ACT" AFTER "(AS SUCH TERMS ARE
DEFINED IN SECTION 214 OF THIS ACT)" IN 2 (A) THEREOF; //86 STAT.
1463. 42 U.S.C. 426. 50 STAT. 307. 45 U.S.C. 228A.//
(2) BY INSERTING "OR AN ANNUITY UNDER THE RAILROAD RETIREMENT
ACT OF 1937" AFTER "MONTHLY INSURANCE BENEFITS UNDER TITLE II OF
THIS ACT" IN 2 (B) THEREOF;
(3) BY INSERTING "OR WOULD BE FULLY OR CURRENTLY INSURED IF HIS
SERVICE AS AN EMPLOYEE (AS DEFINED IN THE RAILROAD RETIREMENT ACT
OF 1937) AFTER DECEMBER 31, 1936, WERE INCLUDED IN THE TERM
'EMPLOYMENT' AS DEFINED IN THIS ACT" AFTER "FULLY OR CURRENTLY
INSURED" IN 2 (C) THEREOF; AND
(4) BY INSERTING "OR AN ANNUITY UNDER THE RAILROAD RETIREMENT
ACT OF 1937" AFTER "MONTHLY INSURANCE BENEFITS UNDER TITLE II OF
THIS ACT" IN 2 (D) THEREOF.
SEC. 4. (A) THE PROVISIONS OF THIS ACT, EXCEPT THE PROVISIONS OF
SECTION 1, SHALL BE EFFECTIVE AS OF THE DATE THE CORRESPONDING
PROVISIONS OF PUBLIC LAW 92 - 603 ARE EFFECTIVE. //86 STAT. 1329.// THE
PROVISIONS OF CLAUSES (XI) AND (XII), WHICH ARE ADDED BY SECTION 1 OF
THIS ACT, SHALL BE EFFECTIVE AS FOLLOWS: CLAUSE (XI) SHALL BE EFFECTIVE
WITH RESPECT TO CALENDAR YEARS AFTER 1971 FOR ANNUITIES ACCRUING AFTER
DECEMBER 1972; AND CLAUSE (XII) SHALL BE EFFECTIVE AS OF THE DATE THE
DELAYED RETIREMENT PRIVISON OF PUBLIC LAW 92 - 603 IS EFFECTIVE.
(B) ANY CHILD (1)WHOSE ENTITLEMENT TO AN ANNUITY UNDER SECTION 5 (C)
OF THE RAILROAD RETIREMENT ACT WAS TERMINATED BY REASON OF HIS ADOPTION
PRIOR TO THE ENACTMENT OF THIS ACT, AND (2) WHO, EXCEPT FOR SUCH
ADOPTION, WOULD BE ENTITLED TO AN ANNUITY UNDER SUCH SECTION FOR A MONTH
AFTER THE MONTH IN WHICH THIS ACT IS ENACTED, MAY, UPON FILING
APPLICATION FOR AN ANNUITY UNDER THE RAILROAD RETIEREMENT ACT AFTER THE
DATE OF ENACTMENT OF THIS ACT, BECOME REENTITLED TO SUCH ANNUITY;
EXCEPT THAT NO CHILD SHALL, BY REASON OF THE ENACTMENT OF THIS ACT,
BECOME REENTITLED TO SUCH ANNUITY FOR ANY MONTH PRIOR TO THE EFFECTIVE
DATE OF THE RELEVANT AMENDMENTS MADE BY THIS ACT TO SECTION 5 (L) (1)
(II) OF THE RAILROAD RETIREMENT ACT. //60 STAT. 729; 65 STAT. 685. 45
U.S.C. 228E. ANTE, P. 141.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 222 (COMM. ON INTERSTATE AND FOREIGN
COMMERCE).
SENATE REPORT NO. 93 - 215 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 31, CONSIDERED AND PASSED HOUSE. JUNE 15, CONSIDERED AND
PASSED SENATE, AMENDED. JUNE 21, HOUSE CONCURRED IN SENATE
AMENDMENTS.
PUBLIC LAW 93-57, 87 STAT. 140
TO AMEND THE SERVICE CONTRACT ACT OF 1965 TO EXTEND ITS
GEOGRAPHICAL COVERAGE TO CONTRACTS PERFORMED ON CANTON ISLAND.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8 (D) OF
THE SERVICE CONTRACT ACT OF 1965 (41 U.S.C. 357 (D)) IS AMENDED BY
INSERTING "AND CANTON ISLAND," BETWEEN "JOHNSON ISLAND," AND "BUT".
//79 STAT. 1036.//
SEC. 2. THE AMENDMENT MADE EHREBY SHALL BE EFFECTIVE WITH RESPECT TO
ALL CONTRACTS ENTERED INTO ANY ANY TIME AFTER THE DATE OF ENACTMENT.
LEGISLATIVE HOSTORY:
HOUSE REPORT. NO. 93 - 279 (COMM. ON EDUCATION AND LABOR).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 19, CONSIDERED AND PASSED HOUSE. JUNE 22, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-56, 87 STAT. 140
PROVIDING FOR AN EXTENSION OF THE TERM OF THE COMMISSION ON THE
BANKRUPTCY LAWS OF THE UNITED STATES, AND FOR OTHER PURPOSES.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SUBSECTION (C) OF THE
FIRST SECTION OF THE JOINT RESOLUTION ENTITLED "JOINT RESOLUTION TO
CREATE A COMMISSION TO STUDY THE BANKRUPTCY LAWS OF THE UNITED STATES"
APPROVED JULY 24, 1970 (84 STAT. 468), IS AMENDED TO READ AS FOLLOWS:
"(C) THE COMMISSION SHALL SUBMIT A COMPREHENSIVE REPORT OF ITS
ACTIVITIES, INCLUDING ITS RECOMMENDATIONS, TO THE PRESIDENT, THE CHIEF
JUSTICE OF THE UNITED STATES, AND THE CONGRESS PRIOR TO JULY 31, 1973.
THE COMMISSION SHALL CEASE TO EXIST THRITY DAYS AFTER THE DATE OF THE
SUBMISSION OF ITS FINAL REPORT." //86 STAT. 63. 11 U.S.C. PREC. 1
NOTE.//
SEC. 2. MONEY APPROPRIATED FOR THE PURPOSES OF CARRYING OUT THE
JOINT RESOLUTION ENTITLED "JOINT RESOLUTION TO CREATE A COMMISSION TO
STUDY THE BANKRUPTCY LAWS OF THE UNITED STATES" APPROVED JULY 24, 1970
(84 STAT. 468), SHALL REMAIN AVAILABLE UNTIL EXPENDED OR UNTIL THE
COMMISSION ESTABLISHED UNDER SUCH JOINT RESOLUTION CEASES TO EXIST.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 262 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 19, CONSIDERED AND PASSED HOUSE. JUNE 20, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-55, 87 STAT. 140
TO AMEND THE WATER RESOURCES PLANNING ACT TO PROVIDE FOR
CONTINUING AUTHORIZATION FOR APPROPRIATIONS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 401 OF THE
WATER RESOURCES PLANNING ACT (PUBLIC LAW 89 - 80; 79 STAT. 244; 42 U.
S.C. 1962D) IS AMENDED TO DELETE, IMMEDIATELY AFTER THE PHRASE "(C) NOT
TO EXCEED $3,500,000," THE WORDS "IN FISCAL YEAR 1973 AND SUCH ANNUAL
AMOUNTS AS MAY BE AUTHORIZED BY SUBSEQUENT ACTS" AND TO INSERT "ANNUALLY
FOR FISCAL YEARS 1974 AND 1975". //86 STAT. 578.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 266 ACCOMPANYING H. R. 6338 (COMM. ON
INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 174 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 30, CONSIDERED AND PASSED SENATE. JUNE 19, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF
H. R. 6338. JUNE 21, SENATE CONCURRED IN HOUSE AMENDMENTS.
PUBLIC LAW 93-54, 87 STAT. 139
TO AMEND THE ACT OF OCTOBER 15, 1966 (80 STAT. 915), AS
AMENDED, ESTABLISHING A PROGRAM FOR THE PRESERVATION OF ADDITIONAL
HISTORIC PROPERTIES THROUGHOUT THE NATION, 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 ACT OF OCTOBER
15, 1966 (80 STAT. 915), AS AMENDED (16 U.S.C. 470) IS FURTHER AMENDED
IN THE FOLLOWING RESPECTS:
(A) SECTION 108 IS AMENDED BY DELETING THE FIRST SENTENCE AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "TO CARRY OUT THE PROVISIONS
OF THIS TITLE, THERE ARE AUTHORIZED TO BE APPROPRIATED NOT MORE THAN
$15,600,000 IN FISCAL YEAR 1974, $20,000,000 IN FISCAL YEAR 1975, AND
$24,000,000 IN FISCAL YEAR 1976." //84 STAT. 204. 16 U.S.C. 470H.//
(B) SECTION 206 IS AMENDED BY DELETING ALL OF SUBSECTION (C) AND
INSERTING IN LIEU THEREOF THE FOLLOWING:
"(C) FOR THE PURPOSES OF THIS SECTION THERE ARE AUTHORIZED TO BE
APPROPRIATED NOT MORE THAN $100,000 IN FISCAL YEAR 1974, $100,000 IN
FISCAL YEAR 1975, AND $125,000 IN FISCAL YEAR 1976: PROVIDED, THAT
EFFECTIVE JANAURY 1, 1974, 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." //16 U.S.C. 470N.//
(C) SECTION 201 IS AMENDED BY INSERTING THE FOLLOWING NEW SUBSECTION:
"(G) THE COUNCIL SHALL CONTINUE IN EXISTENCE UNTIL DECEMBER 31,
1985." //16 U.S.C. 470I.//
(D) SECTION 101 (B) (1) IS AMENDED BY DELETING "AND AMERICAN SANOA."
AND INSERTING "AMERICAN SAMOA, AND THE TRUST TERRITORY OF THE PACIFIC
ISLANDS." //16 U.S.C. 470A.//
LEGISLATIVE HOSTORY:
HOUSE REPORT NO. 93 - 269 ACCOMPANYING H. R. 7127 (COMM. ON
INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 164 (COMM. ON INTERIOR AND INSULAR
ARRAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 22, CONSIDERED AND PASSED SENATE. JUNE 19, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF
H. R. 7127. JUNE 21, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-53, 87 STAT. 134
TO CONTINUE THE EXISTING TEMPORARY INCREASE IN THE PBULIC DEBT
LIMIT THROUGH NOVEMBER 30, 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 SECTION 101 OF THE
ACT OF OCTOBER 27, 1972, PROVIDING FOR A TEMPORARY INCREASE IN THE
PUBLIC DEBT LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 1973 (PUBLIC LAW
92 - 599), IS AMENDED BY STRIKING OUT "JUNE 30, 1973" AND INSERTING IN
LIEU THEREOF "NOVEMBER 30, 1973". //86 STAT. 1324. 31 U.S.C. 757B NOTE.
40 STAT. 288.//
SEC. 2. THE LAST SENTENCE OF THE SECOND PARAGRAPH OF THE FIRST
SECTION OF THE SECOND LIBERTY BOND ACT, AS AMENDED (31 U.S.C. 752), IS
AMENDED TO READ AS FOLLOWS: "BONDS AUTHORIZED BY THIS SECTION MAY BE
ISSUED FROM TIME TO TIME TO THE PUBLIC AND TO GOVERNMENT ACCOUNTS AT A
RATE OR RATES OF INTEREST EXCEEDING 4 1/4 PER CENTUM PER ANNUM; EXCEPT
THAT BONDS MAY NOT BE ISSUED UNDER THIS SECTION TO THE PUBLIC, OR SOLD
BY A GOVERNMENT ACCOUNT TO THE PUBLIC, WITH A RATE OF INTEREST EXCEEDING
4 1/4 PER CENTUM PER ANNUM IN AN AMOUNT WHICH WOULD CAUSE THE FACE
AMOUNT OF BONDS ISSUED UNDER THIS SECTION THEN HELD BY THE PUBLIC WITH
RATES OF INTEREST EXCEEDING 4 1/4 PER CENTUM PER ANNUM TO EXCEED
$10,000,000,000." //87 STAT. 135.//
SEC. 3. (A) SECTION 22 OF THE SECOND LIBERTY BOND ACT, AS AMENDED (31
U.S.C. 757C), IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SUBSECTION: //49 STAT. 21; 59 STAT. 47.//
"(J) (1) THE SECRETARY OF THE TREASURY IS AUTHORIZED TO PRESCRIBE BY
REGULATIONS THAT CHECKS ISSUED TO INDIVIDUALS (OTHER THAN TRUSTS AND
ESTATES) AS REFUNDS MADE IN RESPECT OF THE TAXES IMPOSED BY SUBTITLE A
OF THE INTERNAL REVENUE CODE OF 1954 MAY, AT THE TIME AND IN THE MANNER
PROVIDED IN SUCH REGULATIONS, BECOME UNITED STATES SAVINGS BONDS OF
SERIES E. //68A STAT. 3; 83 STAT. 600. 26 U.S.C. 1 ET SEQ.// EXCEPT AS
PROVIDED IN PARAGRAPH (2), BONDS ISSUED UNDER THIS SUBSECTION SHALL BE
TREATED FOR ALL PURPOSES OF LAW AS SERIES E BONDS ISSUED UNDER THIS
SECTION. THIS SUBSECTION SHALL APPLY ONLY IF THE CLAIM FOR REFUND WAS
FILED ON OR BEFORE THE LAST DAY PRESCRIBED BY LAW FOR FILING THE RETURN
(DETERMINED WITHOUT EXTENSIONS THEREOF) FOR THE TAXABLE YEAR IN RESPECT
OF WHICH THE REFUND IS MADE.
"(2) ANY CHECK-BOND ISSUED UNDER THIS SUBSECTION SHALL BEAR AN ISSUE
DATE OF THE FIRST DAY OF THE FIRST CALENDAR MONTH BEGINNING AFTER THE
CLOSE OF THE TAXABLE YEAR FOR WHICH ISSUED.
"(3) IN THE CASE OF ANY CHECK-BOND ISSUED UNDER THIS SUBSECTION TO
JOINT PAYEES, THE REGULATIONS PRESCRIBED UNDER THIS SUBSECTION MAY
PROVIDE THAT EITHER PAYEE MAY REDEEM THE BOND UPON HIS REQUEST."
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL APPLY WITH RESPECT TO
FUNDS MADE AFTER DECEMBER 31, 1973.
SEC. 4. (A) (1) PARAGRAPH (1) OF SECTION 502 OF THE SOCIAL SECURITY
ACT IS AMENDED BY STRIKING OUT "EACH OF THE NEXT 4 FISCAL YEARS" AND
INSERTING IN LIEU THEREOF "EACH OF THE NEXT 5 FISCAL YEARS".
(2) PARAGRAPH (2) OF SECTION 502 OF SUCH ACT IS AMENDED BY STRIKING
OUT "JUNE 30, 1974" AND INSERTING IN LIEU THERE OF "JUNE 30, 1975".
//86 STAT. 456. 42 U.S.C. 702.//
(3) SECTION 505 (A) (8) OF THE SOCIAL SECURITY ACT IS AMENDED BY
STRIKING OUT "JULY 1, 1973" AND INSERTING IN LIEU THEREOF "JULY 1,
1974". //42 U.S.C. 705.//
(4) SECTION 505 (A) (9) OF SUCH ACT IS AMENDED BY STRIKING OUT "JULY
1, 1973" AND INSERTING IN LIEU THEREOF "JULY 1, 1974".
(5) SECTION 505 (A) (10) OF SUCH ACT IS AMENDED BY STRIKING OUT "JULY
1, 1973" AND INSERTING IN LIEU THEREOF "JULY 1, 1974".
(6) SECTION 508 (B) OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" AND INSERTING IN LIEU THEREOF "JUNE 30, 1974". //86 STAT. 457.
42 U.S.C. 708. 87 STAT. 135.//
(7) SECTION 509 (B) OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" AND INSERTING IN LEIU THEREOF "JUNE 30, 1974". //87 STAT. 136.//
(8) SECTION 510 (B) OF SUCH ACT IS AMENDED BY STRIKING OUT "JUNE 30,
1973" AND INSERTING IN LIEU THEREOF "JUNE 30, 1974". //42 U.S.C. 710.//
(B) TITLE V OF THE SOCIAL SECURITY ACT IS AMENDED BY ADDING AT THE
END THEREOF THE FOLLOWING NEW SECTION: //81 STAT. 921. 42 U.S.C.
701.//
"SEC. 516. (A) (1) FOR EACH FISCAL YEAR (COMMENCING WITH THE FISCAL
YEAR ENDING JUNE 30, 1975), THERE SHALL (SUBJECT TO PARAGRAPH (2)) BE
ALLOTTED TO EACH STATE (FROM FUNDS APPROPRIATED FOR SUCH FISCAL YEAR
PURSUANT TO SUBSECTION (B)) AN AMOUNT, WHICH SHALL BE IN ADDITION TO AND
AVAILABLE FOR THE SAME PURPOSES AS THE ALLOTMENTS OF SUCH STATE (AS
DETERMINED UNDER SECTIONS 503 AND 504), EQUAL TO THE EXCESS (IF ANY) OF
-- //42 U.S.C. 703, 704.//
"(A) THE AMOUNT OF THE ALLOTMENT OF SUCH STATE (AS DETERMINED
UNDER SECTIONS 503 AND 504) FOR THE FISCAL YEAR ENDING JUNE 30,
1973, PLUS THE AMOUNTS OF ANY GRANTS TO SUCH STATES UNDER SECTIONS
508, 509, AND 510, OVER
"(B) THE AMOUNT OF THE ALLOTMENT OF SUCH STATE (AS DETERMINED
UNDER SECTIONS 503 AND 504) FOR SUCH FISCAL YEAR WHICH COMMENCES
AFTER JUNE 30, 1973. //SUPRA.//
"(2) NO STATE SHALL RECEIVE AN ALLOTMENT UNDER THIS SECTION FOR ANY
FISCAL YEAR, UNLESS SUCH STATE (IN THE ADMINISTRATION OF ITS STATE PLAN,
APPROVED UNDER SECTION 505) HAS IN EFFECT ARRANGEMENTS WHICH THE
SECRETARY FINDS WILL PROVIDE FOR THE CONTINUATION OF APPROPRIATE
SERVICES TO POPULATION GROUPS PREVIOUSLY RECEIVING SERVICES FROM FUNDS
MADE AVAILABLE (FOR THE FISCAL YEAR ENDING JUNE 30, 1974) TO SUCH STATE
PURSUANT TO SECTIONS 508, 509, AND 510.//ANTE, P. 135.//
"(B) (1) (A) THERE ARE (SUBJECT TO SUBPARAGRAPH (B)) HEREBY
AUTHORIZED TO BE APPROPRIATED FOR EACH FISCAL YEAR (COMMENCING WITH THE
FISCAL YEAR ENDING JUNE 30, 1975) SUCH AMOUNTS AS MAY BE NECESSARY TO
ENABLE THE SECRETARY TO MAKE THE ALLOTMENTS AUTHORIZED UNDER SUBSECTION
(A).
"(B) NOTHING CONTAINED IN SUBPARAGRAPH (A) SHALL BE CONSTRUED TO
AUTHORIZE, FOR ANY FISCAL YEAR, THE APPROPRIATION UNDER THIS SUBSECTION
OF ANY AMOUNT WHICH IS IN EXCESS OF THE AMOUNT BY WHICH --
"(I) THE AMOUNT AUTHORIZED TO BE APPROPRIATED UNDER SECTION 501
FOR SUCH YEAR EXCEEDS
"(II) THE TITAL AMOUNTS APPROPRIATED PURSUANT TO SECTION 501
FOR SUCH YEAR.
"(2) IF, FOR ANY FISCAL YEARS, THE TOTAL AMOUNT APPROPRIATED PURSUANT
TO PARAGRAPH (1) IS LESS THAN THE TOTAL AMOUNT ALLOTTED TO ALL STATES
UNDER USBSECTION (A), THEN THE AMOUNT OF THE ALLOTMENT OF EACH STATE (AS
DETERMINED UNDER SUBSECTION (A)) SHALL BE REDUCED TO AN AMOUNT WHICH
BEARS THE SAME RATIO TO THE TOTAL AMOUNT APPROPRIATED PURSUANT TO
PARAGRAPH (1) FOR SUCH FISCAL YEAR AS THE AMOUNT OF THE ALLOTMENT OF
SUCH STATE (AS DETERMINED UNDER SUBSECTION (A)) BEARS TO THE TOTAL
AMOUNT ALLOTTED TO ALL STATES UNDER SUBSECTION (A) FOR SUCH FISCAL
YEAR."
(C) (1) IN THE CASE OF ANY STATE, IF FOR THE FISCAL YEAR ENDING JUNE
30, 1974, THE SUM OF --
(A) THE AMOUNT OF THE ALLOTMENT WHICH SUCH STATE WOULD HAVE
RECEIVED UNDER SECTION 503 OF THE SOCIAL SECURITY ACT FOR SUCH
YEAR (IF SUBSECTION (A) OF THIS SECTION HAD NOT BEEN ENACTED),
PLUS
(B) THE AMOUNT OF THE ALLOTMENT WHICH SUCH STATE WOULD HAVE
RECEIVED UNDER SECTION 504 OF SUCH ACT FOR SUCH YEAR (IF
SUBSECTION (A) OF THIS SECTION HAD NOT BEEN ENACTED), //81 STAT.
933. 42 U.S.C. 704.//
IS IN EXCESS OF THE SUM OF --
(C) THE AGGREGATE OF THE ALLOTMENTS WHICH SUCH STATE RECEIVED
(FOR THE FISCAL YEAR ENDING JUNE 30, 1973) UNDER SUCH SECTIONS 503
AND 504, PLUS --
(D) THE AGGREGATE OF THE GRANTS RECEIVED (FOR THE FISCAL YEAR
ENDING JUNE 30, 1973) UNDER SECTIONS 508, 509, AND 510 OF SUCH
ACT, //ANTE, PP. 135, 136.//
THEN, FOR THE FISCAL YEAR ENDING JUNE 30, 1974, THERE SHALL BE ADDED
TO THE ALLOTMENTS OF SUCH STATE, UNDER SECTIONS 503 AND 504 OF SUCH ACT,
IN SUCH PROPORTION TO EACH SUCH ALLOTMENT AS THE STATE SHALL SPECIFY, AN
AMOUNT EQUAL TO SUCH EXCESS.
(2) (A) THERE ARE (SUBJECT TO SUBPARAGRAPH (B)) HEREBY AUTHORIZED TO
BE APPROPRIATED, FOR THE FISCAL YEAR ENDING JUNE 30, 1974, SUCH AMOUNTS
AS MAY BE NECESSARY TO MAKE THE INCREASE IN ALLOTMENTS PROVIDED FOR IN
PARAGRAPH (1).
(B) NOTHING CONTAINED IN SUBPARAGRAPH (A) SHALL BE CONSTRUED TO
AUTHORIZE, FOR THE FISCAL YEAR ENDING JUNE 30, 1974, THE APPROPRIATION
UNDER THIS PARAGRAPH OF ANY AMOUNT WHICH IS IN EXCESS OF THE AMOUNT BY
WHICH --
(I) THE AMOUNT AUTHORIZED TO BE APPROPRIATED UNDER SECTION 501
OF SUCH YEAR, EXCEEDS //42 U.S.C. 701.//
(II) THE TOTAL AMOUNTS APPROPRIATED PURSUANT TO SECTION 501 FOR
SUCH YEAR.
(3) IF, FOR THE FISCAL YEAR ENDING JUNE 30, 1974, THE AMOUNT
APPROPRIATED PURSUANT TO THE PRECEDING PROVISIONS OF THIS SUBSECTION IS
LESS THAN THE TOTAL OF THE AMOUNTS AUTHORIZED TO BE ADDED TO THE
ALLOTMENTS OF STATES (AS DETERMINED UNDER PARAGRAPH (1)), THEN THE
AMOUNT TO BE ADDED TO THE ALLOTMENT OF EACH STATE SHALL BE REDUCED TO AN
AMOUNT WHICH BEARS THE SAME RATIO TO THE AMOUNT SO APPROPRIATED FOR SUCH
YEAR AS THE AMOUNT TO BE ADDED TO THE ALLOTMENT OF SUCH STATE (AS
DETERMINED UNDER PARAGRAPH (1)) BEARS TO THE TOTAL OF THE AMOUNTS TO BE
ADDED TO THE ALLOTMENTS OF ALL STATES (AS DETERMINED UNDER PARAGRAPH
(1)).
SEC. 5. SECTION 203 (E) (2) OF THE FEDERAL-STATE EXTENDED
UNEMPLOYMENT COMPENSATION ACT OF 1970 IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING: "EFFECTIVE WITH RESPECT TO COMPENSATION FOR
WEEKS OF UNEMPLOYMENT BEGINNING BEFORE JANUARY 1, 1974, AND BEGINNING
AFTER THE DATE OF THE ENACTMENT OF THIS SENTENCE (OR, IF LATER, THE DATE
ESTABLISHED PURSUANT TO STATE LAW), THE STATE BY LAW MAY PROVIDE THAT
THE DETERMINATION OF WHETHER THERE HAS BEEN A STATE "OFF" INDICATOR
ENDING ANY EXTENDED BENEFIT PERIOD SHALL BE MADE UNDER THIS SUBSECTION
AS IF PARAGRAPH (1) DID NOT CONTAIN SUBPARAGRAPH (A) THEREOF AND MAY
PROVIDE THAT THE DETERMINATION OF WHETHER THERE HAS BEEN A STATE 'ON'
INDICATOR BEGINNING ANY EXTENDED BENEFIT PERIOD SHALL BE MADE UNDER THIS
SUBSECTION AS IF (I) PARAGRAPH (1) DID NOT CONTAIN SUBPARAGRAPH (A)
THEREOF, (II) THE 4 PER CENTUM CONTAINED IN SUBPARAGRAPH (B) THEREOF
WERE 4.5 PER CENTUM, AND (III) PARAGRAPH (1) OF SUBSECTION (B) DID NOT
CONTAIN SUBPARAGRAPH (B) THEREOF. //84 STAT. 709; 86 STAT. 1326. 26
U.S.C. 3304 NOTES.// IN THE CASE OF ANY INDIVIDUAL WHO HAS A WEEK WITH
RESPECT TO WHICH EXTENDED COMPENSATION WAS PAYABLE PURSUANT TO A STATE
LAW REFERRED TO IN THE PRECEDING SENTENCE, IF THE EXTENDED BENEFIT
PERIOD UNDER SUCH LAW DOES NOT EXPIRE BEFORE JANUARY 1, 1974, THE
ELIGIBILITY PERIOD OF SUCH INDIVIDUAL FOR PURPOSES OF SUCH LAW SHALL END
WITH THE THIRTEENTH WEEK WHICH BEGINS AFTER DECEMBER 31, 1973."
SEC. 6. (A) SECTION 6096 OF THE INTERNAL REVENUE CODE OF 1954
(RELATING TO DESIGNATION BY INDIVIDUALS OF INCOME TAX PAYMENTS TO
PRESIDENTIAL ELECTION CAMPAIGN FUND) IS AMENDED TO READ AS FOLLOWS:
//80 STAT. 1587; 85 STAT. 573. 26 U.S.C. 6096.//
"SEC. 6096. DESIGNATION BY INDIVIDUALS
"(A) IN GENERAL. -- EVERY INDIVIDUAL (OTHER THAN A NONRESIDENT ALIEN)
WHOSE INCOME TAX LIABILITY FOR THE TAXABLE YEAR IS $1 OR MORE MAY
DESIGNATE THAT $1 SHALL BE PAID OVER TO THE PRESIDENTIAL ELECTION
CAMPAIGN FUND IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9006 (A). IN
THE CASE OF A JOINT RETURN OF HUSBAND AND WIFE HAVING AN INCOME TAX
LIABILITY OF $2 OR MORE, EACH SPOUSE MAY DESIGNATE THAT $1 SHALL BE PAID
TO THE FUND.
"(B) INCOME TAX LIABILITY. -- FOR PURPOSES OF SUBSECTION (A), THE
INCOME TAX LIABILITY OF AN INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT
OF THE TAX IMPOSED BY CHAPTER 1 ON SUCH INDIVIDUAL FOR SUCH TAXABLE YEAR
(AS SHOWN ON HIS RETURN), REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN
HIS RETURN) ALLOWABLE UNDER SECTIONS 33,37,38,40, AND 41. //68A STAT.
13; 85 STAT. 553.//
"(C) MANNER AND TIME OF DESIGNATION. -- A DESIGNATION UNDER
SUBSECTION (A) MAY BE MADE WITH RESPECT TO ANY TAXABLE YEAR --
"(1) AT THE TIME OF FILING THE RETURN OF THE TAX IMPOSED BY
CHAPTER 1 FOR SUCH TAXABLE YEAR, OR
"(2) AT ANY OTHER TIME (AFTER THE TIME OF FILING THE RETURN OF
THE TAX IMPOSED BY CHAPTER 1 FOR SUCH TAXABLE YEAR) SPECIFIED IN
REGULATIONS PRESCRIBED BY THE SECRETARY OR HIS DELEGATE.
SUCH DESIGNATION SHALL BE MADE IN SUCH MANNER AS THE SECRETARY OR HIS
DELEGATE PRESCRIBES BY REGULATIONS EXCEPT THAT, IF SUCH DESIGNATION IS
MADE AT THE TIME OF FILING THE RETURN OF THE TAX IMPOSED BY CHAPTER 1
FOR SUCH TAXABLE YEAR, SUCH DESIGNATION SHALL BE MADE EITHER ON THE
FIRST PAGE OF THE RETURN OR ON THE PAGE BEARING THE TAXPAYER'S
SIGNATURE."
(B) SECTION 9006 OF THE INTERNAL REVENUE CODE OF 1954 (RELATING TO
PAYMENTS TO ELIGIBLE CANDIDATES) IS AMENDED TO READ AS FOLLOWS: //85
STAT. 567.//
"SEC. 9006. PAYMENTS TO ELIGIBLE CANDIDATES.
"(A) ESTABLISHMENT OF CAMPAIGN FUND. -- THERE IS HEREBY ESTABLISHED
ON THE BOOKS OF THE TREASURY OF THE UNITED STATES A SPECIAL FUND TO BE
KNOWN AS THE 'PRESIDENTIAL ELECTION CAMPAIGN FUND'. THE SECRETARY
SHALL, AS PROVIDED BY APPROPRIATION ACTS, TRANSFER TO THE FUND AN AMOUNT
NOT IN EXCESS OF THE SUM OF THE AMOUNTS DESIGNATED (SUBSEQUENT TO THE
PREVIOUS PRESIDENTIAL ELECTION) TO THE FUND BY INDIVIDUALS UNDER SECTION
6096.
"(B) TRANSFER TO THE GENERAL FUNDS. -- IF, AFTER A PRESIDENTIAL
ELECTION AND AFTER ALL ELIGIBLE CANDIDATES HAVE BEEN PAID THE AMOUNT
WHICH THEY ARE ENTITLED TO RECEIVE UNDER THIS CHAPTER, THERE ARE MONEYS
REMAINING IN THE FUND, THE SECRETARY SHALL TRANSFER THE MONEYS SO
REMAINING TO THE GENERAL FUND OF THE TREASURY.
"(C) PAYMENTS FROM THE FUND. -- UPON RECEIPT OF A CERTIFICATION FROM
THE COMPTROLLER GENERAL UNDER SECTION 9005 FOR PAYMENT TO THE ELIGIBLE
CANDIDATES OF A POLITICAL PARTY, THE SECRETARY SHALL PAY TO SUCH
CANDIDATES OUT OF THE FUND THE AMOUNT CERTIFIED BY THE COMPTROLLER
GENERAL. AMOUNTS PAID TO ANY SUCH CANDIDATES SHALL BE UNDER THE CONTROL
OF SUCH CANDIDATES.
"(D) INSIFFICIENT AMOUNTS IN FUND. -- IF AT THE TIME OF A
CERTIFICATION BY THE COMPTROLLER GENERAL UNDER SECTION 9005 FOR PAYMENT
TO THE ELIGIBLE CANDIDATES OF A POLITICAL PARTY, THE SECRETARY OR HIS
DELEGATE DETERMINES THAT THE MONEYS IN THE FUND ARE NOT, OR MAY NOT BE
SUFFICIENT TO SATISFY THE FULL ENTITLEMENTS OF THE ELIGIBLE CANDIDATES
OF ALL POLITICAL PARTIES, HE SHALL WITHHOLD FROM SUCH PAYMENT SUCH
AMOUNT AS HE DETERMINED TO BE NECESSARY TO ASSURE THAT THE ELIGIBLE
CANDIDATES OF EACH POLITICAL PARTY WILL RECEIVE THEIR PRO RATA SHARE OF
THIER FULL ENTITLEMENT. AMOUNTS WITHHELD BY REASON OF THE PRECEDING
SENTENCE SHALL BE PAID WHEN THE SECRETARY OR HIS DELEGATE DETERMINES
THAT THERE ARE SUFFICIENT MONEYS IN THE FUND TO PAY SUCH AMOUNTS, OR
PORTIONS THEREOF, TO ALL ELIGIBLE CANDIDATES FROM WHOM AMOUNTS HAVE BEEN
WITHHELD, BUT, IF THERE ARE NOT SUFFICIENT MONEYS IN THE FUND TO SATISFY
THE FULL ENTITLEMENT OF THE ELIGIBLE CANDIDATES OF ALL POLITICAL
PARTIES, THE AMOUNTS SO WITHHELD SHALL BE PAID IN SUCH MANNER THAT THE
ELIGIBLE CANDIDATES OF EACH POLITICAL PARTY RECEIVE THEIR PRO RATA SHARE
OF THIER FULL ENTITLEMENT."
(C) SECTIONS 9003 (B) (2), 9007 (B) (3), AND 9012 (B) (1) OF THE
INTERNAL REVENUE CODE OF 1954 ARE EACH AMENDED BY STRIKING OUT "9006
(C)" AND INSERTING IN LIEU THEREOF "9006 (D)". //85 STAT. 564. 26 U.S.
C. 9003, 9007, 9012.//
(D) THE AMENDMENTS MADE BY THIS SECTION SHALL APPLY WITH RESPECT TO
TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1972. ANY DESIGNATION MADE
UNDER SECTION 6096 OF THE INTERNAL REVENUE CODE OF 1954 (AS IN EFFECT
FOR TAXABLE YEARS BEGINNING BEFORE JANUARY 1, 1973) FOR THE ACCOUNT OF
THE CANDIDATES OF ANY SPECIFIED POLITICAL PARTY SHALL, FOR PURPOSES OF
SECTION 9006 (A) OF SUCH CODE (AS AMENDED BY SUBSECTION (B)), BE TREATED
SOLELY AS A DESIGNATION TO THE PRESIDENTIAL ELECTION CAMPAIGN FUND.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 267 (COMM. ON WAYS AND MEANS) AND
NOS. 93 - 355 AND 93 - 362 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 249 (COMM. ON FINANCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 13, CONSIDERED AND PASSED HOUSE. JUNE 26, 27, CONSIDERED AND
PASSED SENATE, AMENDED. JUNE 29, HOUSE CONSIDERED CONFERENCE
REPORT. JUNE 30, HOUSE CONCURRED IN SENATE AMENDMENT WITH AN
AMENDMENT; SENATE CONCURRED IN HOUSE AMENDMENT AND
AGREED TO CONFERENCE REPORT NO. 93 - 362.
PUBLIC LAW 93-52, 87 STAT. 130
MAKING CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 1974, 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, AND OUT OF APPLICABLE CORPORATE OR OTHER REVENUES,
RECEIPTS, AND FUNDS, FOR THE SEVERAL DEPARTMENTS, AGENCIES,
CORPORATIONS, AND OTHER ORGANIZATIONAL UNITS OF THE GOVERNMENT FOR THE
FISCAL YEAR 1974, NAMELY:
SEC. 101. (A) (1) SUCH AMOUNTS AS MAY BE NECESSARY FOR CONTINUING
PROJECTS OR ACTIVITIES (NOT OTHERWISE SPECIFICALLY PROVIDED FOR IN THIS
JOINT RESOLUTION) WHICH WERE CONDUCTED IN THE FISCAL YEAR 1973 AND FOR
WHICH APPROPRIATIONS, FUNDS, OR OTHER AUTHORITY WOULD BE AVAILABLE IN
THE FOLLOWING APPROPRIATION ACTS FOR THE FISCAL YEAR 1974:
AGRICULTURE-ENVIRONMENTAL AND CONSUMER PROTECTION APPROPRIATION
ACT;
DISTRICT OF COLUMBIA APPROPRIATION ACT;
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; SPACE, SCIENCE,
VETERANS, AND CERTAIN OTHER INDEPENDENT AGENCIES APPROPRIATION
ACT; //87 STAT. 131//
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATION
ACT;
DEPARTMENT OF LABOR, AND HEALTH, EDUCATION, AND WELFARE, AND
RELATED AGENCIES APPROPRIATION ACT, AS NOW OR HEREAFTER PASSED BY
THE HOUSE AND THE SENATE;
LEGISLATIVE BRANCH APPROPRIATION ACT;
PUBLIC WORKS FOR WATER AND POWER DEVELOPMENT AND ATOMIC ENERGY
COMMISSION APPROPRIATION ACT;
DEPARTMENTS OF STATE, JUSTICE, AND COMMERCE, THE JUDICIARY, AND
RELATED AGENCIES APPROPRIATION ACT; AND
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATION
ACT;
(2) APPROPRIATIONS MADE BY THIS SUBSECTION SHALL BE AVAILABLE TO THE
EXTENT AND IN THE MANNER WHICH WOULD BE PROVIDED BY THE PERTINENT
APPROPRIATION ACT;
(3) WHENEVER THE AMOUNT WHICH WOULD BE MADE AVAILABLE OR THE
AUTHORITY WHICH WOULD BE GRANTED UNDER AN ACT LISTED IN THIS SUBSECTION
AS PASSED BY THE HOUSE IS DIFFERENT FROM THAT WHICH WOULD BE AVAILABLE
OR GRANTED UNDER SUCH ACT AS PASSED BY THE SENATE, THE PERTINENT PROJECT
OR ACTIVITY SHALL BE CONTINUED UNDER THE LESSER AMOUNT OR THE MORE
RESTRICTIVE AUTHORITY: PROVIDED, THAT NO PROVISION IN ANY APPROPRIATION
ACT FOR THE FISCAL YEAR 1974, WHICH MAKES THE AVAILABILITY OF ANY
APPROPRIATION PROVIDED THEREIN DEPENDENT UPON THE ENACTMENT OF
ADDITIONAL AUTHORIZING OR OTHER LEGISLATION, SHALL BE EFFECTIVE BEFORE
THE DATE SET FORTH IN SECTION 102 (C) OF THIS JOINT RESOLUTION;
(4) WHENEVER AN ACT LISTED IN THIS SUBSECTION HAS BEEN PASSED BY ONLY
ONE HOUSE OR WHERE AN ITEM IS INCLUDED IN ONLY ONE VERSION OF AN ACT AS
PASSED BY BOTH HOUSES, THE PERTINENT PROJECT OR ACTIVITY SHALL BE
CONTINUED UNDER THE APPROPRIATION, FUND, OR AUTHORITY GRANTED BY THE ONE
HOUSE, BUT AT A RATE FOR OPERATIONS NOT EXCEEDING THE CURRENT RATE OR
THE RATE PERMITTED BY THE ACTION OF THE ONE HOUSE, WHICHEVER IS LOWER:
PROVIDED, THAT NO PROVISION WHICH IS INCLUDED IN AN APPROPRIATION ACT
ENUMERATED IN THIS SUBSECTION BUT WHICH WAS NOT INCLUDED IN THE
APPLICABLE APPROPRIATION ACT FOR 1973, AND WHICH BY ITS TERMS IS
APPLICABLE TO MORE THAN ONE APPROPRIATION, FUND, OR AUTHORITY SHALL BE
APPLICABLE TO ANY APPROPRIATION, FUND, OR AUTHORITY PROVIDED IN THIS
JOINT RESOLUTION UNLESS SUCH PROVISION SHALL HAVE BEEN INCLUDED IN
IDENTICAL FORM IN SUCH BILL AS ENACTED BY BOTH THE HOUSE AND THE SENATE:
PROVIDED FURTHER, THAT WITH RESPECT TO THE PROJECTS AND ACTIVITIES
INCLUDED IN THE DEPARTMENTS OF LABOR, AND HEALTH, EDUCATION, AND
WELFARE, AND RELATED AGENCIES APPROPRIATION ACT, THE CURRENT RATE FOR
OPERATIONS WITHIN THE MEANING OF THIS JOINT RESOLUTION SHALL BE THAT
PERMITTED BY THE JOINT RESOLUTION OF JULY 1, 1972 (PUBLIC LAW 92 - 334,
AS AMENDED), AND OTHER APPROPRIATIONS FOR THE FISCAL YEAR 1973:
PROVIDED FURTHER, THAT THE AGGREGATE AMOUNTS MADE AVAILABLE TO EACH
STATE UNDER TITLE I - A OF THE ELEMENTARY AND SECONDARY EDUCATION ACT
FOR GRANTS TO LOCAL EDUCATION AGENCIES WITHIN THAT STATE SHALL NOT BE
LESS THAN SUCH AMOUNTS AS WERE MADE AVAILABLE FOR THAT PURPOSE FOR
FISCAL YEAR 1972; //86 STAT. 402. 79 STAT. 27. 20 U.S.C. 236. 87 STAT.
131//
(B) SUCH AMOUNTS AS MAY BE NECESSARY FOR CONTINUING PROJECTS OR
ACTIVITIES (NOT OTHERWISE PROVIDED FOR IN THIS JOINT RESOLUTION) WHICH
WERE CONDUCTED IN THE FISCAL YEAR 1973 AND ARE LISTED IN THIS SUBSECTION
AT A RATE FOR OPERATIONS NOT IN EXCESS OF THE CURRENT RATE OR THE RATE
PROVIDED FOR IN THE BUDGET ESTIMATE, WHICHEVER IS LOWER, AND UNDER THE
MORE RESTRICTIVE AUTHORITY -- //87 STAT. 132//
ACTIVITIES FOR WHICH PROVISION WAS MADE IN THE TREASURY, POSTAL
SERVICE, AND GENERAL GOVERNMENT APPROPRIATION ACT, 1973; //86
STAT. 471.//
ACTIVITIES FOR WHICH PROVISION WAS MADE IN THE DEPARTMENT OF
DEFENSE APPROPRIATION ACT, 1973; //86 STAT. 1184.//
ACTIVITIES FOR WHICH PROVISION WAS MADE IN THE MILITARY
CONSTRUCTION APPROPRIATION ACT, 1973; //86 STAT. 1156.//
ACTIVITIES FOR WHICH PROVISION WAS MADE IN SECTION 108 OF
PUBLIC LAW 92 - 571, AS AMENDED, AND SUCH AMOUNTS SHALL BE
AVAILABLE NOTWITHSTANDING SECTION 10 OF PUBLIC LAW 91 - 672 AND
SECTION 655 (C) OF THE FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED;
AND IN ADDITION, UNOBLIGATED BALANCES AS OF JUNE 30, 1973, OF
FUNDS HERETOFORE MADE AVAILABLE UNDER THE AUTHORITY OF THE FOREIGN
ASSISTANCE ACT OF 1961, AS AMENDED, ARE HEREBY CONTINUED AVAILABLE
FOR THE SAME GENERAL PURPOSES FOR WHICH APPROPRIATED: PROVIDED,
THAT NEW OBLIGATIONAL AUTHORITY AUTHORIZED HEREIN TO CARRY OUT THE
FOREIGN ASSISTANCE ACT OF 1961, AS AMENDED, AND THE FOREIGN
MILITARY SALES ACT, AS AMENDED, SHALL NOT EXCEED AN ANNUAL RATE OF
$2,200,000,000: PROVIDED FURTHER, THAT NONE OF THE ACTIVITIES
CONTAINED IN THIS PARAGRAPH SHOULD BE FUNDED AT A RATE EXCEEDING
ONE QUARTER OF THE ANNUAL RATE AS PROVIDED BY THIS JOINT
RESOLUTION: //86 STAT. 1204. 84 STAT. 2055. 22 U.S.C. 2412. 86
STAT. 29. 22 U.S.C. 2415. 75 STAT. 424. 22 U.S.C. 2151 NOTE.//
ACTIVITIES OF THE COMMISSION ON INTERNATIONAL ECONOMIC POLICY,
NOTWITHSTANDING SECTION 209 OF PUBLIC LAW 92 - 412; //86 STAT.
649. 22 U.S.C. 2848.//
ACTIVITIES FOR THE "SPECIAL FUND" ESTABLISHED BY SECTION 223 OF
THE DRUG ABUSE OFFICE AND TREATMENT ACT OF 1972 (PUBLIC LAW 92 -
253) FOR WHICH PROVISION WAS MADE IN THE SUPPLEMENTAL
APPROPRIATIONS ACT, 1973; //86 STAT. 65. 21 U.S.C. 1133.//
ACTIVITIES INCIDENT TO ADJUDICATION OF INDIAN TRIBAL CLAIMS BY
THE INDIAN CLAIMS COMMISSION FOR WHICH PROVISION WAS MADE IN THE
SUPPLEMENTAL APPROPRIATIONS ACT, 1973; //86 STAT. 1498.//
ACTIVITIES OF THE CORPORATION FOR PUBLIC BROADCASTING;
ACTIVITIES FOR OPERATING EXPENSES, DOMESTIC PROGRAMS, OF
ACTION, FOR WHICH PROVISION WAS MADE IN THE SUPPLEMENTAL
APPROPRIATIONS ACT, 1973;
ACTIVITIES OF THE OFFICE OF CONSUMER AFFAIRS;
ACTIVITIES OF THE CABINET COMMITTEE ON OPPORTUNITIES FOR
SPANISH-SPEAKING PEOPLE;
ACTIVITIES OF THE NATIONAL STUDY COMMISSION ON WATER QUALITY
MANAGEMENT;
ACTIVITIES OF THE NATIONAL INDUSTRIAL POLLUTION CONTROL
COUNCIL;
ACTIVITIES OF THE DEPARTMENT OF THE INTERIOR FOR: (A) SALINE
WATER RESEARCH PROGRAM, (B) TRUST TERRITORY OF THE PACIFIC
ISLANDS, AND (C) GRANTS-IN-AID AND SPECIAL BICENTENNIAL
GRANTS-IN-AID UNDER THE PRESERVATION OF HISTORIC PROPERTIES;
ACTIVITIES OF THE AMERICAN REVOLUTION BICENTENNIAL COMMISSION;
ACTIVITIES FOR COAST GUARD RESERVE TRAINING; //87 STAT. 132//
ACTIVITIES OF THE FEDERAL RIALROAD ADMINISTRATION FOR GRANTS TO
NATIONAL RAILROAD PASSENGER CORPORATION; //87 STAT. 133//
ACTIVITIES OF THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION UNDER THE NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY
ACT OF 1966, AS AMENDED. //80 STAT. 718. 15 U.S.C. 1381 NOTE.//
(C) SUCH AMOUNTS AS MAY BE NECESSARY FOR CONTINUING PROJECTS OR
ACTIVITIES FOR WHICH DISBURSEMENTS ARE MADE BY THE SECRETARY OF THE
SENATE, AND THE SENATE ITEMS UNDER THE ARCHITECT OF THE CAPITOL, TO THE
EXTENT AND IN THE MANNER WHICH WOULD BE PROVIDED FOR IN THE BUDGET
ESTIMATES FOR FISCAL YEAR 1974;
(D) SUCH AMOUNTS AS MAY BE NECESSARY FOR CONTINUING THE FOLLOWING
ACTIVITIES, BUT AT A RATE FOR OPERATIONS NOT IN EXCESS OF THE BUDGET
ESTIMATE --
ACTIVITIES UNDER SECTION 201 (G) (1) OF THE SOCIAL SECURITY
ACT, AS AMENDED, FOR WHICH PROVISION WAS MADE IN THE SECOND
SUPPLEMENTAL APPROPRIATIONS ACT, 1973; //79 STAT. 338; 86 STAT.
1484. 42 U.S.C. 401.//
ACTIVITIES AUTHORIZED BY TITLE I OF PUBLIC LAW 92 - 328; AND
//86 STAT. 393. 38 U.S.C. 314 NOTE.//
(E) SUCH AMOUNTS AS MAY BE NECESSARY FOR CONTINUING THE FOLLOWING
ACTIVITIES, BUT AT A RATE FOR OPERATIONS NOT IN EXCESS OF THE CURRENT
RATE --
ACTIVITIES OF THE NATIONAL COMMISSION ON PRODUCTIVITY;
ACTIVITIES RELATING TO THE COMPENSATION AND REIMBUSEMENT OF
ATTORNEYS APPOINTED BY JUDGES OF THE DISTRICT OF COLUMBIA COURTS
PURSUANT TO THE CRIMINAL JUSTICE ACT OF 1964, AS AMENDED; //78
STAT. 552; 84 STAT. 916. 18 U.S.C. 3006A.//
ACTIVITIES OF THE COMMISSION ON THE ORGANIZATION OF THE
GOVERNMENT FOR THE CONDUCT OF FOREIGN POLICY;
NOTWITHSTANDING THE FOURTH CLAUSE OF SUBSECTION (B) OF THIS
SECTION, ACTIVITIES OF THE DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE FOR ASSISTANCE TO REFUGEES IN THE UNITED STATES (CUBAN
PROGRAM);
ACTIVITIES UNDER THE VOCATIONAL REHABILITATION ACT, AS AMENDED,
AND THE MANPOWER DEVELOPMENT AND TRAINING ACT OF 1962, AS AMENDED,
TNAT TITLE I AND TITLE III - B OF THE ECONOMIC OPPORTUNITY ACT OF
1964, AS AMENDED, FOR WHICH PROVISION WAS MADE UNDER JOINT
RESOLUTION OF JULY 1, 1972, PUBLIC 92 - 334, AS AMENDED, AND THE
SUPPLEMENTAL APPROPRIATIONS ACT, 1973, PUBLIC LAW 92 - 607:
PROVIDED, THAT THE CURRENT RATE FOR OPERATIONS SHALL BE DEFINED AS
THAT PERMITTED BY SUCH APPROPRIATIONS FOR FISCAL YEAR 1973; AND
//68 STAT. 652. 29 U.S.C. 31 NOTE. 76 STAT. 23. 42 U.S.C. 2571
NOTE. 78 STAT. 508. 42 U.S.C. 2711, 2861. 86 STAT. 402. 86 STAT.
1498. 79 STAT. 552. 42 U.S.C. 3121 NOTE.//
ACTIVITIES UNDER THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT
OF 1965, AS AMENDED.
SEC. 102. APPROPRIATIONS AND FUNDS MADE AVAILABLE AND AUTHORITY
GRANTED PURSUANT TO THIS JOINT RESOLUTION SHALL REMAIN AVAILABLE UNTIL
(A) ENACTMENT INTO LAW OF AN APPROPRIATION FOR ANY PROJECT OR ACTIVITY
PROVIDED FOR IN THIS JOINT RESOLUTION, OR (B) ENACTMENT OF THE
APPLICABLE APPROPRIATION ACT BY BOTH HOUSES WITHOUT ANY PROVISION FOR
SUCH PROJECT OR ACTIVITY, OR (C) SEPTEMBER 30, 1973, WHICHEVER FIRST
OCCURS.
SEC. 103. APPROPRIATIONS AND FUNDS MADE AVAILABLE OR AUTHORITY
GRANTED PURSUANT TO THIS JOINT RESOLUTION MAY BE USED WITHOUT REGARD TO
THE TIME LIMITATIONS FOR SUBMISSION AND APPROVAL OF APPORTIONMENTS SET
FORTH IN SUBSECTION (D) (2) OF SECTION 3679 OF THE REVISED STATUTES, AS
AMENDED, BUT NOTHING HEREIN SHALL BE CONSTRUED TO WAIVE ANY OTHER
PROVISION OF LAW GOVERNING THE APPORTIONMENT OF FUNDS. //31 U.S.C.
665.//
SEC. 104. APPROPRIATIONS MADE AND AUTHORITY GRANTED PURSUANT TO THIS
JOINT RESOLUTION SHALL COVER ALL OBLIGATIONS OR EXPENDITURES INCURRED
FOR ANY PROJECT OR ACTIVITY DURING THE PERIOD FOR WHICH FUNDS OR
AUTHORITY FOR SUCH PROJECT OR ACTIVITY ARE AVAILABLE UNDER THIS JOINT
RESOLUTION.
SEC. 105. EXPENDITURES MADE PURSUANT TO THIS JOINT RESOLUTION SHALL
BE CHARGED TO THE APPLICABLE APPROPRIATION, FUND, OR AUTHORIZATION
WHENEVER A BILL IN WHICH SUCH APPLICABLE APPROPRIATION, FUND, OR
AUTHORIZATION IS CONTAINED IS ENACTED INTO LAW.
SEC. 106. NO APPROPRIATION OR FUND MADE AVAILABLE OR AUTHORITY
GRANTED PURSUANT TO THIS JOINT RESOLUTION SHALL BE USED TO INITIATE OR
RESUME ANY PROJECT OR ACTIVITY FOR WHICH APPROPRIATIONS, FUNDS, OR OTHER
AUTHORITY WERE NOT AVAILABLE DURING THE FISCAL YEAR 1973.
SEC. 107. ANY APPROPRIATION FOR THE FISCAL YEAR 1974 REQUIRED TO BE
APPORTIONED PURSUANT TO SECTION 3679 OF THE REVISED STATUTES, AS
AMENDED, MAY BE APPORTIONED ON A BASIS INDICATING THE NEED (TO THE
EXTENT ANY SUCH INCREASES CANNOT BE ABSORBED WITHIN AVAILABLE
APPROPRIATIONS) FOR A SUPPLEMENTAL OR DEFICIENCY ESTIMATE OF
APPROPRIATION TO THE EXTENT NECESSARY TO PERMIT PAYMENT OF SUCH PAY
INCREASES AS MAY BE GRANTED PURSUANT TO LAW TO CIVILIAN OFFICERS AND
EMPLOYEES AND TO ACTIVE AND RETIRED MILITARY PERSONNEL. EACH SUCH
APPROPRIATION SHALL OTHERWISE BE SUBJECT TO THE REQUIREMENTS OF SECTION
3679 OF THE REVISED STATUTES, AS AMENDED. //31 U.S.C. 665.//
SEC. 108. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON OR AFTER
AUGUST 15, 1973, NO FUNDS HEREIN OR HERETOFORE APPROPRIATED MAY BE
OBLIGATED OR EXPENDED TO FINANCE DIRECTLY OR INDIRECTLY COMBAT
ACTIVITIES BY UNITED STATES MILITARY FORCES IN OR OVER OR FROM OFF THE
SHORES OF NORTH VIETNAM, SOUTH VEITNAM, LAOS, OR CAMBODIA.
SEC. 109. APPROPRIATIONS AND AUTHORITY PROVIDED IN THIS JOINT
RESOLUTION SHALL BE AVAILABLE FROM JULY 1, 1973, AND ALL OBLIGATIONS
INCURRED IN ANTICIPATION OF THE APPROPRIATIONS AND AUTHORITY PROVIDED IN
THIS JOINT RESOLUTION ARE HEREBY RATIFIED AND CONFIRMED IF OTHERWISE IN
ACCORDANCE WITH THE PROVISIONS OF THIS JOINT RESOLUTION.
SEC. 110. UNLESS SPECIFICALLY AUTHORIZED BY CONGRESS, NONE OF THE
FUNDS HEREIN APPROPRIATED UNDER THIS JOINT RESOLUTION OR HERETOFORE
APPROPRIATED UNDER ANY OTHER ACT MAY BE EXPENDED FOR THE PURPOSE OF
PROVIDING ASSISTANCE IN THE RECONSTRUCTION OR REHABILITATION OF THE
DEMOCRATIC REPUBLIC OF VIETNAM (NORTH VIETNAM).
SEC. 111. ANY PROVISION OF ALW WHICH REQUIRED UNEXPENDED FUNDS TO
RETURN TO THE GENERAL FUND OF THE TREASURY AT THE END OF THE FISCAL YEAR
SHALL NOT BE HELD TO AFFECT THE STATUS OF ANY LAWSUIT OR RIGHT OF ACTION
INVOLVING THE RIGHT TO THOSE FUNDS.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 328 (COMM. ON APPROPRIATIONS) AND
NO. 93 - 364 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 277 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 26, CONSIDERED AND PASSED HOUSE. JUNE 29, CONSIDERED AND
PASSED SENATE, AMENDED. JUNE 30, HOUSE AGREED TO CONFERENCE
REPORT, AND CONCURRED
IN SENATE AMENDMENT WITH AN AMENDMENT; SENATE AGREED
TO CONFERENCE REPORT AND CONCURRED IN HOUSE AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9, NO. 27:
JULY 1, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-51, 87 STAT. 129
TO AUTHORIZE APPROPRIATIONS FOR THE SALINE WATER PROGRAM FOR
FISCAL YEAR 1974, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THERE IS AUTHORIZED
TO BE APPROPRIATED TO CARRY OUT THE PROVISIONS OF THE SALINE WATER
CONVERSION ACT OF 1971 (85 STAT. 159), DURING FISCAL YEAR 1974, THE SUM
OF $9,127,000 TO REMAIN AVAILABLE UNTIL EXPENDED AS FOLLOWS: //42
U.S.C. 1959 NOTE.//
(1) RESEARCH EXPENSE, NOT MORE THAN $2,000,000;
(2) DEVELOPMENT EXPENSE, NOT MORE THAN $3,200,000;
(3) DESIGN, CONSTRUCTION, ACQUISITION, MODIFICATION, OPERATION
AND MAINTENANCE OF SALINE WATER CONVERSION TEST BEDS AND TEST
FACILITIES, NOT MORE THAN $1,350,000; //87 STAT. 130//
(4) DESIGN, CONSTRUCTION, ACQUISITION, MODIFICATION, OPERATION,
AND MAINTENANCE OF SALINE WATER CONVERSION MODULES, NOT MORE THAN
$677,000; AND
(5) ADMINISTRATION AND COORDINATION, NOT MORE THAN $1,900,000.
(B) FUNDS AUTHORIZED AND APPROPRIATED PRIOR TO FISCAL YEAR 1974 FOR
ANY PURPOSE UNDER THE SALINE WATER CONVERSION ACT OF 1971 MAY BE
OBLIGATED AND EXPENDED AS FOLLOWS, NOTWITHSTANDING ANY OTHER PROVISIONS
OF LAW:
(1) RESEARCH EXPENSE, $2,400,000;
(2) DEVELOPMENT EXPENSE, $400,000;
(3) DESIGN, CONSTRUCTION, ACQUISITION, MODIFICATION, OPERATION,
AND MAINTENANCE OF SALINE WATER CONVERSION TEST BEDS AND
FACILITIES, $2,000,000; AND
(4) DESIGN, CONSTRUCTION, ACQUISITION, MODIFICATION, OPERATION,
AND MAINTENANCE OF SALINE WATER CONVERSION MODULES, $1,875,094.
(C) EXPENDITURES AND OBLIGATIONS UNDER PARAGRAPHS (1), (2), (3), AND
(4) OF SUBSECTIONS (A) AND (B) OF THIS SECTION MAY BE INCREASED BY NOT
MORE THAN 10 PER CENTUM AND EXPENDITURES AND OBLIGATIONS UNDER PARAGRAPH
(5) OF SUBSECTION (A) OF THIS SECTION MAY BE INCREASED BY NOT MORE THAN
2 PER CENTUM, IF ANY SUCH INCREASE UNDER ANY PARAGRAPH IS ACCOMPANIED BY
AN EQUAL DECREASE IN EXPENDITURES AND OBLIGATIONS UNDER ONE OR MORE OF
THE OTHER PARAGRAPHS.
SEC. 2. IN ADDITION TO THE SUMS AUTHORIZED TO BE APPROPRIATED BY
SECTION 1 OF THIS ACT THERE ARE AUTHORIZED TO BE APPROPRIATED SUCH
ADDITIONAL OR SUPPLEMENTAL AMOUNTS AS MAY BE NECESSARY FOR INCREASES IN
SALARY, PAY, RETIREMENT, OR OTHER EMPLOYEE BENEFITS AUTHORIZED BY LAW,
OR OTHER NONDISCRETIONARY COSTS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 208 ACCOMPANYING H. R. 5464 (COMM. ON
INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 222 (COMM. ON INTERIOR AND INSULAR
AFFIARS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 19, CONSIDERED AND PASSED SENATE; CONSIDERED AND PASSED
HOUSE IN LIEU OF H. R. 5464.
PUBLIC LAW 93-50, 87 STAT. 99, SECOND SUPPLEMENTAL APPROPRIATION ACT
OF 1973.
MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
JUNE 30, 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 THE FOLLOWING SUMS
ARE APPROPRIATED OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE
APPROPRIATED, TO SUPPLY SUPPLEMENTAL APPROPRIATIONS (THIS ACT MAY BE
CITED AS THE "SECOND SUPPLEMENTAL APPROPRIATIONS ACT, 1973") FOR THE
FISCAL YEAR ENDING JUNE 30, 1973, AND FOR OTHER PURPOSES, NAMELY:
FOR AN ADDITIONAL AMOUNT FOR "ANIMAL AND PLANT HEALTH INSPECTION
SERVICE", $12,100,000: PROVIDED, THAT THIS APPROPRIATION SHALL BE
AVAILABLE FOR ACQUISITION OF LAND, OR INTEREST THEREIN, AS AUTHORIZED BY
SECTION 11 OF THE ACT OF AUGUST 3, 1956 (7 U.S.C. 428A). //70 STAT.
1034.//
FUNDS AVAILABLE UNDER SECTION 32 OF THE ACT OF AUGUST 24, 1935 (7 U.
S.C. 612C), SHALL BE AVAILABLE FOR CHILD FEEDING PROGRAMS AND
NUTRITIONAL PROGRAMS AUTHORIZED BY LAW IN THE SCHOOL LUNCH ACT AND CHILD
NUTRITION ACT, S AMENDED, IN THE AMOUNT OF $21,960,000 FOR THE CURRENT
FISCAL YEAR IN ADDITIONA TO AMOUNTS HERETOFORE PROVIDED FOR SUCH
PURPOSES. //49 STAT. 774; 62 STAT. 1257. 42 U.S.C. 1751 NOTE, 1771
NOTE.//
FOR AN ADDITIONAL AMOUNT FOR ABATEMENT AND CONTROL ACTIVITIES,
$6,287,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FUNDS MADE AVAILABLE FOR INDEPENDENT GRANT AND CONTRACT REVIEW
ADVISORY COMMITTEES SHALL BE AVAILABLE FOR TRANSFER TO MEET INCREASED
PAY COSTS.
NOT TO EXCEED $91,000 OF THE FUNDS MADE AVAILABLE BY PUBLIC LAW 92 -
399 SHALL REMAIN AVAILABLE UNTIL SEPTEMBER 30, 1973. //86 STAT. 606.//
FOR AN ADDITIONAL AMOUNT FOR "WATERSHED AND FLOOD PREVENTION
OPERATIONS" FOR EMERGENCY MEASURES FOR RUNOFF RETARDATION AND
SOIL-EROSION PREVENTION, AS AUTHORIZED BY SECTION 216 OF THE FLOOD
CONTROL ACT OF 1950 (33 U.S.C. 701B - 1), $20,000,000, TO REMAIN
AVAILABLE UNTIL EXPENDED. //87 STAT. 100. 87 STAT. 101. 64 STAT.
184.//
FOR AN ADDITIONAL AMOUNT FOR "EMERGENCY CONSERVATION MEASURES", TO BE
USED FOR THE SAME PURPOSES AND SUBJECT TO THE SAME CONDITIONS AS FUNDS
APPROPRIATED UNDER THIS HEAD IN THE THIRD DUPPLEMENTAL APPROPRIATIONS
ACT, 1957, TO REMAIN AVAILABLE UNTIL EXPENDED, $15,000,000, WITH WHICH
SHALL BE MERGED THE UNEXPENDED BALANCES OF FUNDS HERETOFORE APPROPRIATED
FOR EMERGENCY CONSERVATION MEASURES. //71 STAT. 176.//
FOR AN ADDITIONAL AMOUNT TO CARRY OUT THE PROVISIONS OF THE NONFOOD
ASSISTANCE PROGRAM OF THE CHILD NUTRITION ACT, AS AMENDED, $6,000,000,
TO REMAIN AVAILABLE UNTIL EXPENDED. //80 STAT. 885; 86 STAT. 724. 42
U.S.C. 1771 NOTE.//
NOT TO EXCEED $17,252,000 OF THE FUNDS MADE AVAILABLE TO THE FOOD AND
DRUG ADMINISTRATION BY PUBLIC LAW 92 - 306 AND PUBLIC LAW 92 - 399 SHALL
REMAIN AVAILABLE UNTIL SEPTEMBER 30, 1973. //86 STAT. 164. 86 STAT.
610.//
FOR AN ADDITIONAL AMOUNT FOR "MILITARY PERSONNEL, NAVY", $41,399,000,
OF WHICH THE FOLLOWING AMOUNTS SHALL BE AVAILABLE TO LIQUIDATE
OBLIGATIONS INCURRED AND CHARGEABLE TO "MILITARY PERSONNEL, NAVY", AS
FOLLOWS: FOR THE FISCAL YEAR 1969, $151,000; FOR THE FISCAL YEAR 1971,
$20,000,000; AND FOR THE FISCAL YEAR 1972, $21,248,000: PROVIDED THAT
SUCH FUNDS SHALL NOT BE AVAILABLE FOR ANY FISCAL YEAR FOR PAYMENTS TO
STOCK FUNDS OR INDUSTRIAL FUNDS OF THE DEPARTMENT OF DEFENSE OR FOR
PAYMENTS TO THE INTERNAL REVENUE SERVICE UNTIL ALL OTHER OBLIGATIONS FOR
EACH SPECIFIED FISCAL YEAR IS LIQUIDATED. //87 STAT. 101. 87 STAT.
102.//
FOR AN ADDITIONAL AMOUNT FOR "RESERVE PERSONNEL, NAVY", $2,427,000.
FOR AN ADDITIONAL AMOUNT FOR "RESERVE PERSONNEL, AIR FORCE",
$1,000,000.
FOR AN ADDITIONAL AMOUNT FOR "RETIRED PAY, DEFENSE", INCLUDING THE
PURPOSES OF SECTION 4 OF PUBLIC LAW 92 - 425, $83,000,000. //86 STAT.
712.//
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, ARMY",
$7,800,000.
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, NAVY",
$4,000,000.
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, AIR FORCE",
$23,800,000.
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE, DEFENSE
AGENCIES", AS FOLLOWS: FOR THE ORGANIZATION OF THE JOINT CHIEFS OF
STAFF, $50,000; FOR THE DEFENSE SUPPLY AGENCY, $1,500,000; IN ALL,
$1,600,000.
FOR AN ADDITIONAL AMOUNT FOR "GENERAL OPERATING EXPENSES", $684,000.
FOR AN ADDITIONAL AMOUNT FOR "PUBLIC SAFETY", $21,538,000, OF WHICH
$685,000 SHALL BE AVAILABLE FOR FISCAL YEAR 1971 AND $2,851,000 SHALL BE
AVAILABLE FOR FISCAL YEAR 1972.
FOR AN ADDITIONAL AMOUNT FOR "EDUCATION", $7,250,000.
FOR AN ADDITIONAL AMOUNT FOR "HUMAN RESOURCES", $6,500,000.
FOR PAYMENT OF PROPERTY DAMAGE CLAIMS IN EXCESS OF $500 AND OF
PERSONAL INJURY CLAIMS IN EXCESS OF $1,000, APPROVED BY THE COMMISSIONER
IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF FEBRUARY 11, 1929, AS
AMENDED (45 STAT. 1160; 46 STAT. 500; 65 STAT. 131), $15 ,000. //D C.
CODE 1 - 902 TO 1 - 906.//
FOR AN ADDITIONAL AMOUNT FOR "CAPITAL OUTLAY", TO REMAIN AVAILABLE
UNTIL EXPENDED, $28,700,000: PROVIDED, THAT $700,000 SHALL BE AVAILABLE
FOR CONSTRUCTION SERVICES BY THE DIRECTOR OF GENERAL SERVICES OR BY
CONTRACT FOR ARCHITECTURAL ENGINEERING SERVICES, AS MAY BE DETERMINED BY
THE COMMISSIONER.
THE SUMS APPROPRIATED HEREIN FOR THE DISTRICT OF COLUMBIA SHALL BE
PAID OUT OF THE GENERAL FUND OF THE DISTRICT OF COLUMBIA, EXCEPT AS
OTHERWISE PROVIDED.
FOR AN ADDITIONAL AMOUNT FOR "ADMINISTRATIVE AND OTHER EXPENSES,
STATE", $100,000.
FOR AN ADDITIONAL AMOUNT FOR "MIGRATION AND REFUGEE ASSISTANCE",
$600,000, WHICH SHALL REMAIN AVAILABLE UNTIL DECEMBER 31, 1973.
OF THE AMOUNT HERETOFORE MADE AVAILABLE FOR LANDS AND STRUCTURES IN
THE APPROPRIATION HERETOFORE GRANTED UNDER THIS HEAD FOR THE CURRENT
FISCAL YEAR, NOT TO EXCEED $600,000 SHALL REMAIN AVAILABLE UNTIL JUNE
30, 1974.
FOR PILOT PROGRAMS FOR ASSISTANCE IN THE ESTABLISHMENT OF NEW STATE
MEDICAL SCHOOLS, GRANTS TO AFFILIATED MEDICAL SCHOOLS, ASSISTANCE TO
PUBLIC AND NONPORFIT INSTITUTIONS OF HIGHER LEARNING, HOSPITALS AND
OTHER HEALTH MANPOWER INSTITUTIONS AFFILIATED WITH THE VETERANS
ADMINISTRATION TO INCREASE THE PRODUCTION OF PROFESSIONAL AND OTHER
HEALTH PERSONNEL, AND FOR EXPANSION OF VETERANS ADMINISTRATION HOSPITAL
EDUCATION AND TRAINING CAPACITY AS AUTHORIZED BY 38 U.S.C. CHAPTER 82,
$20,000,000, TO REMAIN AVAILABLE UNTIL JUNE 30, 1979. //86 STAT. 1101,
38 U.S.C. 5070.//
FOR AN ADDITIONAL AMOUNT FOR "MANAGEMENT OF LANDS AND RESOURCES",
$18,500,000.
FOR AN ADDITIONAL AMOUNT FOR "RESOURCES MANAGEMENT", $2,900,000.
FOR AN ADDITIONAL AMOUNT FOR "CONSTRUCTION", $3,100,000, TO REMAIN
AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "FOREST PROTECTION AND UTILIZATION", FOR
"FOREST LAND MANAGEMENT", $39,563,000: PROVIDED, THAT, IN ADDITIONA,
THERE MAY BE TRANSFERRED TO "FOREST LAND MANAGEMENT", $3,179,000 FROM
THE AMOUNT AVAILABLE FOR "FOREST RESEARCH" AND $5,000,000 FROM THE
AMOUNT AVAILABLE FOR "STATE AND PRIVATE FORESTRY COOPERATION": PROVIDED
FURTHER, THAT NONE OF THE FUNDS CURRENTLY AVAILABLE OR MADE AVAILABLE
UNDER THIS ACT SHALL BE OBLIGATED OR EXPENDED TO CHANGE THE BOUNDARIES
OF ANY REGION, OR ABOLISH ANY REGION, OF THE NATIONAL FOREST SYSTEM OF
THE FOREST SERVICE.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES," $2,868,000, OF
WHICH NOT TO EXCEED $1,200,000 SHALL BE FOR GRANTS IN AID AS AUTHORIZED
BY SECTION 9 (1) OF PUBLIC LAW 92 - 236, TO REMAIN AVAILABLE UNTIL
EXPENDED. //86 STAT. 43.//
FOR NECESSARY EXPENSES, AS AUTHORIZED BY SECTION 17 OF PUBLIC LAW 92
- 578, $350,000, TO REMAIN AVAILABLE UNTIL EXPENDED. //86 STAT. 1275.
40 U.S.C. 885.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $832,000.
FOR AN ADDITIONAL AMOUNT FOR "FEDERAL WORKMEN'S COMPENSATION
BENEFITS", $26,300,000: PROVIDED, THAT NOT TO EXCEED $2,300,000 MAY BE
TRANSFERRED TO THE FUND CREATED BY SECTION 44 OF THE LONGSHOREMEN'S AND
HARBOR WORKERS' COMPENSATION ACT, AS AMENDED. //44 STAT. 1444; 86
STAT. 1256. 33 U.S.C. 944.//
FOR AN ADDITIONAL AMOUNT FOR "DEPARTMENTAL MANAGEMENT, SALARIES AND
EXPENSES", $40,000.
OF THE AMOUNTS HERETOFORE APPROPRIATED UNDER THIS HEADING FOR FISCAL
YEAR 1973, $44,500,000 SHALL REMAIN AVAILABLE UNTIL SEPTEMBER 30, 1973,
TO CARRY OUT THE PROVISIONS OF SECTION 102 OF THE MANPOWER DEVELOPMENT
AND TRAINING ACT OF 1962, AS AMENDED: PROVIDED, THAT THESE FUNDS SHALL
NOT BE AVAILABLE FOR THE PURPOSES OF SECTIONS 106(D) AND 309 (B) OF SAID
ACT. //76 STAT. 24. 42 U.S.C. 2572 82 STAT. 1352, 1354. 42 U.S.C.
2573, 2619.//
FOR AN ADDITIONAL AMOUNT FOR "HEALTH SERVICES PLANNING AND
DEVELOPMENT", FOR CARRYING OUT, TO THE EXTENT NOT OTHERWISE PROVIDED
SECTION 304 AND TITLE IX OF THE PUBLIC HEALTH SERVICE ACT, $17,000,000,
TO REMAIN AVAILABLE UNTIL EXPENDED. //81 STAT. 534; 84 STAT. 1301. 79
STAT. 926; 84 STAT. 1297. 42 U.S.C. 242B, 299.//
FOR AN ADDITIONAL AMOUNT FOR "HEALTH MANPOWER" TO REMAIN AVAILABLE
UNTIL EXPENDED TO CARRY OUT THE FAMILY PRACTICE OF MEDICINE ACT OF 1970
(S. 3418, NINETY-FIRST CONGRESS), $100,000.
FOR AN ADDITIONAL AMOUNT FOR "HEALTH MANPOWER" TO REMAIN AVAILABLE
UNTIL EXPENDED TO CARRY OUT THE PHYSICIAN SHORTAGE AREA SCHOLARSHIP
PROGRAM (SUBPART III OF PART F OF TITLE VII OF THE PUBLIC HEALTH SERVICE
ACT), $2,000,000. //79 STAT. 1055; 82 STAT. 779. 42 U.S.C. 295G.//
THE PARAGRAPH UNDER THIS HEADING IN PUBLIC LAW 93 - 25 IS AMENDED BY
STRIKING OUT "54%" AND INSERTING IN LIEU THEREOF "68%". //ANTE, P.
26.//
FOR AN ADDITIONAL AMOUNT FOR CARRYING OUT, TO THE EXTENT NOT
OTHERWISE PROVIDED, THE EDUCATION OF THE HANDICAPPED ACT, $13,800,000
WHICH, TOGETHER WITH $12,500,000 HERETOFORE APPROPRIATED FOR THIS
PURPOSE, SHALL REMAIN AVAILABLE UNTIL SEPTEMBER 30, 1973. //84 STAT.
175. 20 U.S.C. 1401 NOTE.//
FOR AN ADDITIONAL AMOUNT FOR "HIGHER EDUCATION", FOR CARRYING OUT, TO
THE EXTENT NOT OTHERWISE PROVIDED, TITLES III, IV, AND SECTION 745, AND
PART B OF TITLE IX OF THE HIGHER EDUCATION ACT, TITLE VI OF THE NATIONAL
DEFENSE EDUCATION ACT, AS AMENDED, THE MUTUAL EDUCATIONAL AND CULTURAL
EXCHANGE ACT OF 1961, AND THE EMERGENCY INSURED STUDENT LOAN ACT OF
1969, $243,510,000, OF WHICH NOT TO EXCEED $35,500,000 OF THE
$87,500,000 FOR STRENGTHENING DEVELOPING INSTITUTIONS SHALL BE AVAILABLE
THROUGH DECEMBER 31, 1973, AND THE FOLLOWING AMOUNTS SHALL REMAIN
AVAILABLE UNTIL EXPENDED: $30,000,000 FOR SUBSIDIES ON GUARANTEED
STUDENT LOANS (IN ADDITION TO AMOUNTS APPROPRIATED FOR THIS PURPOSE BY
THE SUPPLEMENTAL APPROPRIATION ACT, 1973), AND $14,069,000 FOR ANNUAL
INTEREST GRANTS ON SUBSIDIZED CONSTRUCTION LOANS: PROVIDED, THAT THE
AGGREGATE AMOUNT OF CONTRACTS FOR ANNUAL INTEREST GRANTS ENTERED INTO
BETWEEN JULY 1, 1972, AND JUNE 30, 1973, SHALL NOT EXCEED $150,000,000:
PROVIDED FURTHER, THAT THE FOLLOWING AMOUNTS SHALL REMAIN AVAILABLE
UNTIL SEPTEMBER 30, 1973; $13,860,000 FOR LANGUAGE TRAINING AND AREA
STUDIES UNTIL TITLE VI OF THE NATIONAL DEFENSE EDUCTAION ACT AND THE
MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961; AND $15,000,000
FOR UNIVERSITY COMMUNITY SERVICES, $10,000,000 FOR AID TO LAND-GRANT
COLLEGES UNDER SECTION 22 OF THE ACT OF JUNE 29, 1935, $17,857,000 FOR
LIBRARY PROGRAMS AS AUTHORIZED BY TITLE II (EXCEPT SECTION 231) OF THE
HIGHER EDUCATION ACT, AND $25,000,000 FOR VETERANS COST-OF-INSTRUCTION
PAYMENTS, FOR WHICH FUNDS WERE APPROPRIATED IN PUBLIC LAW 92 - 607.
//20 U.S.C. 1051, 1070, 1132C - 4, 1134D. 20 U.S.C. 511. 22 U.S.C. 2451
NOTE. 20 U.S.C. 1078A NOTE. 86 STAT. 1498. 20 U.S.C. 511. 22 U.S.C. 2451
NOTE. 7 U.S.C. 329. 20 U.S.C. 1021. 86 STAT. 1498.//
FOR AN ADDITIONAL AMOUNT FOR "STUDENT LOAN INSURANCE FUND",
$17,593,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "GRANTS TO STATES FOR PUBLIC
ASSISTANCE", $614,066,000.
FUNDS CONTAINED IN THE SUPPLEMENTAL APPROPRIATION ACT, 1973 (PUBLIC
LAW 92 - 607) FOR GRANTS UNDER SECTION 103 OF THE REHABILITATION ACT OF
1972 SHALL BE AVAILABLE FOR GRANTS UNDER SECTION 2 OF THE VOCATIONAL
REHABILITATION ACT: PROVIDED, THAT SUCH FUNDS MADE AVAILABLE FOR GRANTS
UNDER SECTION 2 SHALL NOT EXCEED $590,000,000 AND THAT ALLOTMENTS TO
STATES UNDER SUCH SECTION SHALL NOT, IN THE AGGREGATE EXCEED
$600,000,000: PROVIDED FURTHER, THAT THE $5,000,000 CONTAINED IN SUCH
SUPPLEMENTAL APPROPRIATION ACT, 1973 (PUBLIC LAW 92 - 607) FOR THE
CONSTRUCTION OF THE NATIONAL CENTER FOR DEAF/BLIND YOUTHS AND ADULTS, AS
AUTHORIZED BY SAID VOCATIONAL REHABILITATION ACT, SHALL REMAIN AVAILABLE
UNTIL EXPENDED. //86 STAT. 1498. 79 STAT. 1282. 29 U. S.C. 32.//
FOR CARRYING OUT TITLE VII OF THE OLDER AMERICANS ACT OF 1965,
$100,000,000, TO REMAIN AVAILABLE UNTIL DECEMBER 31, 1973: PROVIDED,
THAT FUNDS IN THE AMOUNT OF $100,000,000 CONTAINED IN THE SUPPLEMENTAL
APPROPRIATION ACT, 1973 (PUBLIC LAW 92 - 607), TO CARRY OUT TITLE III OF
THE OLDER AMERICANS ACT OF 1965, SHALL REMAIN AVAILABLE UNTIL DECEMBER
31, 1973, TO CARRY OUT TITLE III OF THE OLDER AMERICANS COMPREHENSIVE
SERVICES AMENDMENTS OF 1973(PUBLIC LAW 93 - 29). //86 STAT. 88. 42
U.S.C. 3051. 79 STAT. 220; 83 STAT. 108. 42 U.S.C. 3021. ANTE, P.
36.//
FOR PAYMENT TO THE SOCIAL SECURITY TRUST FUNDS FOR ADMINISTRATIVE
EXPENSES FOR THE SUPPLEMENTAL SECURITY INCOME PROGRAM, PURSUANT TO
SECTION 201 (G) (1) OF THE SOCIAL SECURITY ACT, $77,207,000. //79 STAT.
338; 86 STAT. 1484. 42 U.S.C. 401.//
FOR AN ADDITIONAL AMOUNT FOR "LIMITATION ON SALARIES AND EXPENSES",
$146,549,000 MAY BE EXPENDED AS AUTHORIZED BY SECTION 201 (G) (1) OF THE
SOCIAL SECURITY ACT, FROM ANY OR ALL OF THE TRUST FUNDS REFERRED TO
THEREIN.
FOR AN ADDITIONAL AMOUNT FOR "NATIONAL TECHNICAL INSTITUTE FOR THE
DEAF", $1,915,000.
FUNDS IN THE AMOUNT OF $8,000,000 CONTAINED UNDER THIS HEADING IN THE
SUPPLEMENTAL APPROPRIATION ACT, 1973 (PUBLIC LAW 92 - 607), TO CARRY OUT
THE PROVISIONS OF TITLE VI OF THE OLDER AMERICANS ACT OF 1965, AS
AMENDED, SHALL REMAIN AVAILABLE UNTIL EXPENDED. //86 STAT. 1498. 83
STAT. 111. 42 U.S.C. 3044.//
FOR AN ADDITIONAL AMOUNT FOR "LIMITATION ON SALARIES AND EXPENSES",
$1,100,000 TO BE DERIVED FROM THE RAILROAD RETIREMENT ACCOUNTS.
FOR AN ADDITIONAL AMOUNT FOR "OPERATION AND MAINTENANCE", TO BE PAID
FROM THE SOLDIERS' AND AIRMEN'S HOME PERMANENT FUND, $356,000.
FOR AN ADDITIONAL AMOUNT FOR "CAPITAL OUTLAY", TO BE PAID FROM THE
SOLDIERS' AND AIRMEN'S HOME PERMANENT FUND, $2,065,000, TO REMAIN
AVAILABLE UNTIL EXPENDED.
FOR PAYMENT TO CAROLINE C BOW, WIDOW OF FRANK T. BOW, LATE A
REPRESENTATIVE FROM THE STATE OF OHIO, $42,500.
FOR AN ADDITIONAL AMOUNT FOR "MILEAGE OF MEMBERS AND EXPENSE
ALLOWANCE OF THE SPEAKER", $2,000.
FOR AN ADDITIONAL AMOUNT FOR "COMMITTEE ON APPORPRIATIONS", $275,000.
FOR AN ADDITIONAL AMOUNT FOR "MISCELLANEOUS ITEMS", $1,000,000.
FOR AN ADDITIONAL AMOUNT FOR "STATIONERY (REVOLVING FUND)", $336,250.
FOR AN ADDITIONAL AMOUNT FOR "PORTRAIT OF SPEAKER", $2,500, TO REMAIN
AVAILABLE UNTIL EXPENDED, AND TO BE DISBURSED BY THE CLERK OF THE HOUSE
UNDER THE DIRECTION OF THE SPEAKER.
FOR AN ADDITIONAL AMOUNT FOR "CAPITOL BUILDINGS", $1,698,000, TO
REMAIN AVAILABLE UNTIL EXPENDED, OF WHICH $298,000 IS TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "CAPITOL POWER PLANT" PROVIDED IN
THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1973, ALL TO BE EXPENDED IN
ACCORDANCE WITH THE PROVISIONS OF H. CON. RES. 550, NINETY-SECOND
CONGRESS, AGREED TO SEPTEMBER 19, 1972, AND THE LIMIT OF COST AUTHORIZED
BY SUCH RESOLUTION IS INCREASED BY SUCH ADDITIONAL AMOUNT. //86 STAT.
444.//
FOR AN ADDITIONAL AMOUNT FOR "CAPITOL BUILDINGS", $75,000.
TO ENABLE THE ARCHITECT OF THE CAPITOL, UNDER THE DIRECTION OF THE
HOUSE OFFICE BUILDING COMMISSION, TO MAKE MODIFICATIONS TO THE CAPITOL
POWER PLANT, ITS STEAM AND CHILLED WATER DISTRIBUTION SYSTEMS, INCLUDING
THE ENLARGEMENT THEREOF, REQUIRED TO SUPPLY STEAM AND CHILLED WATER FOR
AIR-CONDITIONING REFRIGERATION FOR THE LIBRARY OF CONGRESS JAMES MADISON
MEMORIAL BUILDING, IN ADDITION TO THE BUILDINGS NOW SUPPLIED WITH SUCH
SERVICE BY THE PLANT, WITH SUFFICIENT RESERVE PLANT CAPACITY TO PROVIDE
FOR PROJECTED ADDITIONAL LOADS THROUGH 1980, INCLUDING NECESSARY
ENVIRONMENTAL CONTRAOL AND OTHER APPURTENANT FACILITIES, IN SUBSTANTIAL
ACCORDANCE WITH A BASIC PLAN PROVIDING FOR DEMOLITION OF THE EXISTING
TWO-STORY ANNEX BUILDING CONSTRUCTED IN 1931, LOCATED WEST OF THE
ORIGINAL TURBINE ROOM OF THE POWER PLANT; CONSTRUCTION ON AND ADJACENT
TO THE SITE OF THE ANNEX BUILDING, AFTER ITS DEMOLITION, OF A NEW
BUILDING TO HOUSE A REFRIGERATION PLANT OF TWENTY-FOUR THOUSAND TONS
NOMINAL CAPACITY, TO BE OPERATED IN CONJUNCTION WITH THE EXISTING
REFRIGERATION PLANT OF FIFTEEN THOUSAND FOUR HUNDRED TONS CAPACITY, AS
THE FIRST INCREMENT OF A FUTURE MODULAR-TYPE PLANT; INSTALLATION IN THE
NEW REFRIGERATION PLANT BUILDING OF FOUR OR MORE CENTRIFUGAL
REFRIGERATION MACHINES HAVING A TOTAL NOMINAL CAPACITY OF TWENTY-FOUR
THROUSAND TONS, TOGETHER WITH NECESSARY COOLING TOWERS, CHILLED WATER
AND CONDENSER WATER PUMP AND PIPING SYSTEMS, LOCAL EQUIPMENT CONTROLS,
ELECTRICAL LOAN CENTER AND OTHER ASSOCIATED AUXILIARY EQUIPMENT;
INSTALLATION ON THE EXISTING POWER PLANT SITE OF A NEW OUTDOOR MAIN
ELECTRICAL SUBSTATION AND UNDERGROUND DISTRIBUTION SYSTEM; CONSTRUCTION
ON THE POWER PLANT SITE OF A NEW OPERATIONS BUILDING AND INSTALLATION
THEREIN OF (A) EQUIPMENT NECESSARY TO CENTRALIZE THE ADMINISTRATION AND
CONTROL FUNCTIONS OF BOTH THE NEW AND EXISTING REFRIGERATION PLANTS, (B)
NEW SANITARY AND MAINTENANCE FACILITIES, AND (C) CENTRAL MONITORING AND
CONTROL EQUIPMENT ADEQUATE TO SUPERVISE AND DIRECT THE OPERATION OF THE
ENTIRE CAPITOL POWER PLANT AND ITS DISTRIBUTION SYSTEMS; INSTALLATION
IN A TUNNEL ACROSS THE NORTH PORTION OF THE EXISTING POWER PLANT SITE OF
A NEW UNDERGROUND CHILLED WATER PIPE "HEADERING" SYSTEM TO PROVIDE FOR
APPROPRIATE CONNECTION OF THE EXISTING AND PROPOSED NEW REFRIGERATION
PLANTS WITH THE EXISTING AND FUTURE DISTRIBUTION SYSTEMS; INSTALLATION
OF NECESSARY SUPPLY AND RETURN MAINS IN BRANCH TUNNELS AND/OR CONDUITS
TO CONNECT THE LIBRARY OF CONGRESS JAMES MADISON MEMORIAL BUILDING AND
THE SENATE OFFICE BUILDING EXTENSION TO THE EXISTING STEAM DISTRIBUTION
SYSTEM AND TO THE CHILLED WATER DISTRIBUTION SYSTEM WITH FLOW-LIMITING
EQUIPMENT AND FLOW AND TEMPERATURE MEASURING INSTRUMENTATION;
MODIFICATION OF THE EXISTING CHILLED WATER DISTRUBUTION SYSTEM TO
ACCOMMODATE THE ADDITIONAL FLOW OF CHILLED WATER TO THE JAMES MADISON
MEMORIAL BUILDING AND THE SENATE OFFICE BUILDING EXTENSION;
INSTALLATION OF SECTIONALIZING VALVES IN BOTH THE CHILLED WATER SUPPLY
AND RETURN MAINS AT SELECTED POINTS IN THE EXISTING DISTRIBUTION SYSTEM;
REACTIVATION, OR REPLACEMENT AS NECESSARY, OF INOPERATIVE EXISTING
FLOW-LIMITING AND FLOW-METERING DEVICES ON CHILLED WATER MAINS IN
BUILDINGS SUPPLIED BY THE PLANT, AND INSTALLATION OF NEW DEVICES WHERE
THEY DO NOT EXIST IN SUCH BUILDINGS; INSTALLATION OF NEW DUST
COLLECTORS FOR THE FOUR EXISTING OIL-FIRED BOILERS AND MAKING NECESSARY
RESULTING MODIFICATIONS TO MECHANICAL DRAFT EQUIPMENT AND SMOKE
MONITORING DEVICES; INSTALLATION OF NEW ACOUSTICAL ENCLOSURES TO
MINIMIZE THE NOISE FROM EXISTING INDUCED DRAFT FANS, OVERFIRE FANS,
FORCED DRAFT FANS, AND DIESEL-DRIVEN AIR COMPRESSORS; SOUNDPROOFING
LOCAL CONTROL ROOMS FOR PROTECTION OF OPERATORS IN BOTH THE EXISTING
REFRIGERATION PLANT ANT THE NEW REFRIGERATION PLANT BUILDING;
INSTALLATION OF NEW NOISE ATTENUATED VENTILATION SYSTEM FOR THE EXISTING
REFRIGERATION PLANT AND FOR THE NEW REFRIGERATION PLANT BUILDING;
INSTALLATION OF AN ACOUSTICAL BARRIER FOR THE EXISTING COOLING TOWER
INSTALLATIONS TO SHIELD LOCAL RESIDENTS FROM OBJECTIONABLE NOISE; AND
PROVIDING TEMPORARY QUARTERS TO HOUSE THE PRESENT ANNEX BUILDING
ACTIVITIES UNTIL THE NEW OPERATIONS BUILDING IS CONSTRUCTED AND
AVAILABLE FOR OCCUPANCY: PROVIDED, THAT THE ARCHITECT OF THE CAPITOL,
UNDER THE DIRECTION OF THE HOUSE OFFICE BUILDING COMMISSION, IS HEREBY
AUTHORIZED AND DIRECTED TO ENTER INTO SUCH CONTRACTS, INCUR SUCH
OBLIGATIONS, AND MAKE SUCH EXPENDITURES, INCLUDING EXPENDITURES FOR
PERSONAL AND OTHER SERVICES AS MAY BE NECESSARY TO CARRY OUT THE
PROVISIONS OF THIS APPROPRIATION: PROVIDED FURTHER, THAT ANY CHANGES IN
THE AFORESAID BASIC PLAN SHALL BE SUBJECT TO THE APPROVAL OF THE
COMMISSION; $17,400,000 TO REMAIN AVAILABLE UNTIL EXPENDED AND SAID
AMOUNT SHALL BE CARRIED UNDER THE APPROPRIATION ACCOUNT "MODIFICATIONS
AND ENLARGEMENT, CAPITOL POWER PLANT" AS AN ADDITION TO THE
APPROPRIATIONS OF $1,200,000 PROVIDED UNDER THE HEADING IN THE
SUPPLEMENTAL APPROPRIATIONS ACT, 1972 (85 STAT. 637; PUBLIC LAW 92 -
184).
TO ENABLE THE ARCHITECT OF THE CAPITOL, UNDER THE DIRECTION OF THE
SELECT COMMITTEE ON PARKING OF THE HOUSE OF REPRESENTATIVES CREATED AND
APPOINTED UNDER AUTHORITY OF HOUSE RESOLUTION 145, NINETY-THIRD
CONGRESS, AGREED TO FEBRUARY 7, 1973, AND THE SENATE COMMITTEE ON RULES
AND ADMINISTRATION, TO PROVIDE ADDITIONAL PARKING FACILITIES FOR
CONGRESSIONAL EMPLOYEES IN AN AREA OR AREAS IN THE DISTRICT OF COLUMBIA
OUTSIDE THE LIMITS OF THE UNITED STATES CAPITOL GROUNDS, TO PROVIDE FOR
TRANSPORTATION OF SUCH EMPLOYEES TO AND FROM SUCH AREA OR AREAS AND THE
UNITED STATES CAPITOL GROUNDS, TO EMPLOY THE NECESSARY PERSONAL SERVICES
FOR SUCH PURPOSE, AND TO INCUR ALL OTHER NECESSARY EXPENSES IN
CONNECTION THEREWITH, $50,000, TO REMAIN AVAILABLE UNTIL JUNE 30, 1974:
PROVIDED, THAT, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, (1) THE
ARCHITECT OF THE CAPITOL, UNDER THE DIRECTION OF THE AFORESAID
COMMITTEES, IS AUTHORIZED TO ENTER INTO SUCH CONTRACTS AND MAKE SUCH
ARRANGEMENTS AS SUCH COMMITTEES MAY DEEM NECESSARY FOR OBTAINING AND
UTILIZING ADDITIONAL AREAS FOR OUTDOOR AUTOMOBILE PARKING; (2) THE
ASSIGNMENT AND REGULATION OF SUCH PARKING SHALL BE DETERMINED BY SUCH
COMMITTEES; AND (3) THE UNITED STATES CAPITOL POLICE WITH RESPECT TO
SUCH AREAS, TRANSPORTATION, AND TRANSIT ROUTES, AND OPERATIONS, SHALL
HAVE AND PERFORM THE SAME POWERS AND DUTIES AS VESTED BY LAW IN THE
METROPOLITAN POLICE OF THE DISTRICT OF COLUMBIA, AND THE UNITED STATES
PARK POLICE.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $14,000.
FOR AN ADDITIONAL AMOUNT FOR "FLOOD CONTROL AND COASTAL EMERGENCIES",
$103,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $100,000.
FOR AN ADDITIONAL AMOUNT FOR "WATER RESOURCES AND PLANNING",
$250,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $3,700,000.
FOR AN ADDITIONAL AMOUNT FOR "ACQUISITION, OPERATION, AND MAINTENANCE
OF BUILDINGS ABROAD," $3,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "ACQUISITION, OPERATION, AND MAINTENANCE
OF BUILDINGS ABROAD (SPECIAL FOREIGN CURRENCY PROGRAM)," $435,000, TO
REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "PAYMENT TO FOREIGN SERVICE RETIREMENT
AND DISABILITY FUND," $836,000.
FOR AN ADDITIONAL AMOUNT FOR "CONTRIBUTIONS TO INTERNATIONAL
ORGANIZATIONS," $9,167,000.
FOR AN ADDITIONAL AMOUNT FOR "MISSIONS TO INTERNATIONAL
ORGANIZATIONS," $85,000.
FOR AN ADDITIONAL AMOUNT FOR "INTERNATIONAL CONFERENCES AND
CONTINGENCIES," $200,000, OF WHICH $70,000 SHALL REMAIN AVAILABLE UNTIL
DECMEBER 31, 1973.
FOR AN ADDITIONAL AMOUNT FOR "CONSTRUCTION", $10,000,000, TO REMAIN
AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "MUTUAL EDUCATIONAL AND CULTURAL
EXCHANGE ACTIVITIES," $250,000.
FOR AN ADDITIONAL AMOUNT FOR "FEES AND EXPENSES OF WITNESSES",
$500,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES, BUREAU OF
PRISONS", $900,000.
FOR AN ADDITIONAL AMOUNT FOR "SUPPORT OF UNITED STATES PRISONERS",
$2,500,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $350,000, TO
REMAIN AVAILABLE UNTIL JUNE 30, 1974.
FOR AN ADDITIONAL AMOUNT FOR "PARTICIPATION IN UNITED STATES
EXPOSITIONS", $8,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "PRINTING AND BINDING SUPREME COURT
REPORTS", $61,000, TOGETHER WITH AN ADDITIONAL AMOUNT OF $26,000 TO
DEFRAY A 1972 DEFICIENCY.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES OF JUDGES", $500,000.
FOR AN ADDITIONAL AMOUNT FOR "REPRESENTATION BY COURT-APPOINTED
COUNSEL AND OPERATION OF DEFENDER ORGANIZATIONS", $2,972,000, OF WHICH
NOT TO EXCEED $1,500,000 SHALL BE AVAILABLE FOR THE LIQUIDATION OF
OBLIGATIONS INCURRED IN PRIOR YEARS: PROVIDED, THAT NOT TO EXCEED
$471,000 OF THE FUNDS CONTAINED HEREIN SHALL BE AVAILABLE FOR THE
COMPENSATION AND REIMBURSEMENT OF EXPENSES OF ATTORNEYS APPOINTED BY
JUDGES OF THE DISTRICT OF COLUMBIA COURT OF APPEALS OR BY JUDGES OF THE
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA.
FOR NECESSARY EXPENSES OF THE COMMISSION ON REVISION OF THE FEDERAL
COURT APPELLATE SYSTEM OF THE UNITED STATES CREATED BY THE ACT OF
OCTOBER 13, 1972 (PUBLIC LAW 92 - 489) (86 STAT. 807), $255,000, TO
REMAIN AVAILABLE UNTIL EXPENDED. //28 U.S.C. 41 NOTE.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $18,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES," $128,000.
FOR AN ADDITIONAL AMOUNT FOR "INTERNATIONAL RADIO BROADCASTING
ACTIVITIES," $1,150,000: PROVIDED, THAT THIS APPROPRIATION SHALL BE
AVAILABLE ONLY UPON THE ENACTMENT INTO LAW OF AUTHORIZING LEGISLATION.
TO PROVIDE INITIAL CAPITAL FOR THE "FISHERMEN'S PROTECTIVE FUND" IN
ACCORDANCE WITH SECTION 5 OF PUBLIC LAW 92 - 569, APPROVED OCTOBER 26,
1972, $3,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED. //86 STAT. 1182.
22 U.S.C. 1975.//
FOR PAYMENT OF CLAIMS AS AUTHORIZED BY THE WAR CLAIMS ACT OF 1948, AS
AMENDED BY PUBLIC LAW 91 - 289, APPROVED JUNE 24, 1970, $16,200,000, TO
REMAIN AVAILABLE UNTIL EXPENDED : PROVIDED, THAT THIS APPROPRIATION
SHALL NOT BE AVAILABLE FOR ADMINISTRATIVE EXPENSES. //62 STAT. 1240; 84
STAT. 323. 50 U.S.C. APP. 2001 NOTE.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES," $1,000,000, TO
BE TRANSFERRED FROM THE "DISASTER LOAN FUND."
FOR ADDITIONAL CAPITAL FOR THE "DISASTER LOAN FUND", AUTHORIZED BY
THE SMALL BUSINESS ACT, AS AMENDED, $475,000,000, TO REMAIN AVAILABLE
WITHOUT FISCAL YEAR LIMITATION. //72 STAT. 384. 15 U.S.C. 631 NOTE.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES," $2,250,000.
FOR AN ADDITIONAL AMOUNT FOR "SPECIAL INTERNATIONAL EXHIBITIONS",
$115,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "RETIRED PAY", $4,000,000.
NOT TO EXCEED $3,250,000 SHALL BE AVAILABLE UNTIL EXPENDED FROM
AMOUNTS HERETOFORE PROVIDED FOR ACQUISITION AND MODERNIZATION OF
FACILITIES AND EQUIPMENT AND SERVICE TESTING IN THE APPROPRIATION
GRANTED UNDER THIS HEADING IN THE DEPARTMENT OF TRANSPORTATION AND
RELATED AGENCIES APPROPRIATION ACT, 1973, FOR ACQUISITION OF ADDITIONAL
SCREENING DEVICES WHICH MAY BE TRANSFERRED, CONVEYED, OR LOANED TO AIR
CARRIERS AND COMMERCIAL OPERATORS. //86 STAT. 580.//
FOR AN ADDITIONAL AMOUNT FOR "FEDERAL PAYMENT TO THE AIRPORT AND
AIRWAY TRUST FUND", $24,669,000.
NOT TO EXCEED $2,000,000 SHALL BE AVAILABLE UNTIL JUNE 30, 1974, FROM
AMOUNTS HERETOFORE PROVIDED FOR THE TRAFFIC SAFETY PROGRAM AND RESEARCH
AND ANALYSIS ACTIVITIES IN THE APPROPRIATION GRANTED
UNDER THIS HEADING IN THE DEPARTMENT OF TRANSPORTATION AND RELATED
AGENCIES APPROPRIATION ACT, 1973, AND THE SUPPLEMENTAL APPROPRIATIONS
ACT, 1973, TO CARRY OUT THE PROVISIONS OF THE MOTOR VEHICLE INFORMATION
AND COST SAVINGS ACT (PUBLIC LAW 92 - 513). //86 STAT. 1498. 86 STAT.
947. 15 U.S.C. 1901 NOTE.//
TO ENABLE THE DEPARTMENT OF TRANSPORTATION TO MAKE LOANS, AS
AUTHORIZED UNDER THE EMERGENCY RAIL FACILITIES RESTORATION ACT (PUBLIC
LAW 92 - 591), $34,748,000, TO REMAIN AVAILABLE THROUGH JUNE 30, 1975.
//86 STAT. 1304.//
TO ENABLE THE DEPARTMENT OF TRANSPORTATION TO PAY THE WASHINGTON
METROPOLITAN AREA TRANSIT AUTHORITY THE INTEREST SUBSIDY AUTHORIZED BY
PUBLIC LAW 92 - 349, $4,885,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
//86 STAT. 464.//
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $250,000, TO
REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $1,100,000.
FOR AN ADDITIONAL AMOUNT FOR "ACCOUNTS, COLLECTION AND TAXPAYER
SERVICE", INCLUDING $5,600,000 FOR TEMPORARY EMPLOYMENT IN ADDITION TO
THAT HERETOFORE AUTHORIZED, $9,600,000.
FOR AN ADDITIONAL AMOUNT FOR "COMPLIANCE," $2,627,000.
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $4,400,000.
FOR AN ADDITIONAL AMOUNT FOR "DISASTER RELIEF", $100,000,000, TO
REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT NOT TO EXCEED 3 PER
CENTUM OF THE FOREGOING AMOUNT SHALL BE AVAILABLE FOR ADMINISTRATIVE
EXPENSES.
FOR AN ADDITIONAL AMOUNT FOR "PAYMENT TO CIVIL SERVICE RETIREMENT AND
DISABILITY FUND", $190,900,000.
FOR AN ADDITIONAL AMOUNT FOR "OPERATING EXPENSES", $900,000.
FOR PAYMENT OF CLAIMS SETTLED AND DETERMINED BY DEPARTMENTS AND
AGENCIES IN ACCORD WITH LAW AND JUDGMENTS RENDERED AGAINST THE UNITED
STATES BY THE UNITED STATES COURT OF CLAIMS AND UNITED STATES DISTRICT
COURTS, AS SET FORTH IN SENATE DOCUMENTS NUMBERED 15 AND 18 AND HOUSE
DOCUMENT NUMBERED 89, NINETY-THIRD CONGRESS, $23,108,029, TOGETHER WITH
SUCH AMOUNTS AS MAY BE NECESSARY TO PAY INTEREST (AS AND WHEN SPECIFIED
IN SUCH JUDGMENTS OR PROVIDED BY LAW) AND SUCH ADDITIONAL SUMS DUE TO
INCREASES IN RATES OF EXCHANGE AS MAY BE NECESSARY TO PAY CLAIMS IN
FOREIGN CURRENCY: PROVIDED, THAT NO JUDGMENT HEREIN APPROPRIATED FOR
SHALL BE PAID UNTIL IT SHALL BECOME FINAL AND CONCLUSIVE AGAINST THE
UNITED STATES BY FAILURE OF THE PARTIES TO APPEAL OR OTHERWISE:
PROVIDED FURTHER, THAT UNLESS OTHERWISE SPECIFICALLY REQUIRED BY LAW OR
BY JUDGMENT, PAYMENT OF INTEREST WHEREVER APPROPRIATED FOR HEREIN SHALL
NOT CONTINUE FOR MORE THAN THIRTY DAYS AFTER THE DATE OF APPROVAL OF THE
ACT.
FOR ADDITIONAL AMOUNTS FOR APPROPRIATIONS FOR THE FISCAL YEAR 1973,
FOR INCREASED PAY COSTS AUTHORIZED BY OR PURSUANT TO LAW, AS FOLLOWS:
"INQUIRIES AND INVESTIGATIONS", $276,240, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION "SALARIES, OFFICERS AND EMPLOYEES", FISCAL YEAR
1973.
"OFFICE OF THE SPEAKER", $1,120, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "OFFICE OF THE SERGEANT AT ARMS", FISCAL YEAR 1973;
"OFFICE OF THE MAJORITY FLOOR LEADER", $3,435, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "OFFICE OF THE SERGEANT AT ARMS",
FISCAL YEAR 1973;
"OFFICE OF THE MINORITY FLOOR LEADER", $3,150, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "OFFICE OF THE SERGEANT AT ARMS",
FISCAL YEAR 1973;
"OFFICE OF THE MAJORITY WHIP", $1,585, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "OFFICE OF THE SERGEANT AT ARMS", FISCAL YEAR
1973;
"OFFICE OF THE MINORITY WHIP", $1,585, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "OFFICE OF THE SERGEANT AT ARMS, FISCAL YEAR 1973;
"TWO PRINTING CLERKS FOR THE MAJORITY AND MINORITY CAUCUS ROOMS",
$625, TO BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "OFFICE OF
THE SERGEANT AT ARMS", FISCAL YEAR 1973;
"TECHNICAL ASSISTANCE, OFFICE OF THE ATTENDING PHYSICIAN", $565, TO
BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "OFFICE OF THE
SERGEANT AT ARMS", FISCAL YEAR 1973;
"OFFICIAL REPORTERS OF DEBATES", $44,525, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR "OFFICE OF THE SERGEANT AT ARMS", FISCAL YEAR
1973;
"OFFICIAL REPORTERS TO COMMITTEES", $12,925, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "OFFICE OF THE SERGEANT AT ARMS",
FISCAL YEAR 1973;
"COMMITTEE ON APPROPRIATIONS (INVESTIGATIONS)", $3,750, TO BE DERIVED
BY TRANSFER FROM THE APPROPRIATION FOR "OFFICE OF THE SERGEANT AT ARMS",
FISCAL YEAR 1973;
"MEMBERS' CLERK HIRE", $3,000,000;
"GOVERNMENT CONTRIBUTIONS", $135,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "COMMITTEE EMPLOYEES", FISCAL YEAR 1973;
"JOINT COMMITTEE ON DEFENSE PRODUCTION", $3,000, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "OFFICE OF THE SERGEANT AT ARMS",
FISCAL YEAR 1973;
"SALARIES", $24,000;
"CAPITOL BUILDINGS", $68,400;
CAPITOL GROUNDS", $20,500;
FOR AN ADDITIONAL AMOUNT FOR SENATE OFFICE BUILDINGS, $186,000.
FOR AN ADDITIONAL AMOUNT FOR SENATE GARAGE, $3,100.
"HOUSE OFFICE BUILDINGS", $329,600;
CAPITOL POWER PLANT", $20,600;
"STRUCTURAL AND MECHANICAL CARE", $26,000;
"SALARIES AND EXPENSES", $25,700;
"SALARIES AND EXPENSES", $752,000, OF WHICH $89,000 WHALL BE DERIVED
BY TRANSFER FROM THE APPROPRIATION FOR "SALARIES AND EXPENSES, COPYRIGHT
OFFICE", FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $61,000, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "SALARIES AND EXPENSES, COPYRIGHT OFFICE", FISCAL YEAR
1973, AND IN ADDITION $46,000 OF THE RESERVE FUND OF $200,000 UNDER THIS
HEAD, FISCAL YEAR 1973, MAY BE USED FOR INCREASED PAY COSTS;
"SALARIES AND EXPENSES", $315,100;
"SALARIES AND EXPENSES", $1,830,000;
"CARE OF THE BUILDING AND GROUNDS", $14,000;
"SALARIES OF SUPPORTING PERSONNEL", $1,200,000, OF WHICH $200,000
SHALL BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "FEES OF
JURORS", FISCAL YEAR 1973;
"ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS", $82,000, TO BE
DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "FEES OF JURORS", FISCAL
YEAR 1973;
"EXPENSES OF REFEREES", $236,000, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "SALARIES OF REFEREES", FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $14,000;
"MILITARY ASSISTANCE", $300,000;
"SECURITY SUPPORTING ASSISTANCE", $1,304,860, TO BE DERIVED BY
TRANSFER FROM APPROPRIATIONS UNDER THE HEADING ECONOMIC ASSISTANCE,
FISCAL YEAR 1973;
"WORLDWIDE, TECHNICAL ASSISTANCE", $2,111,520, TO BE DERIVED BY
TRANSFER FROM OTHER APPROPRIATIONS UNDER THE HEADING ECONOMIC
ASSISTANCE, FISCAL YEAR 1973;
"ALLIANCE FOR PROGRASS, TECHNICAL ASSISTANCE", $270,300, TO BE
DERIVED BY TRANSFER FROM OTHER APPROPRIATIONS UNDER THE HEADING ECONOMIC
ASSISTANCE, FISCAL YEAR 1973;
"ADMINISTRATIVE EXPENSES, AGENCY FOR INTERNATIONAL DEVELOPMENT",
$1,233,840, TO BE DERIVED BY TRANSFER FROM OTHER APPROPRIATIONS UNDER
THE HEADING ECONOMIC ASSISTANCE, FISCAL YEAR 1973;
"ADMINISTRATIVE AND OTHER EXPENSES", $78,000, TO BE DERIVED BY
TRANSFER FROM OTHER APPROPRIATIONS UNDER THE HEADING ECONOMIC
ASSISTANCE, FISCAL YEAR 1973;
"PROGRAMS RELATING TO POPULATION GROWTH", $193,980, TO BE DERIVED BY
TRANSFER FROM OTHER APPROPRIATIONS UNDER THE HEADING ECONOMIC
ASSISTANCE, FISCAL YEAR 1973;
"OFFICE OF THE SECRETARY", $112,000, OF WHICH $28,000 SHALL BE
AVAILABLE FOR THE OFFICE OF COMMUNICATION;
"OFFICE OF GENERAL COUNSEL", $113,000;
"AGRICULTURAL RESEARCH SERVICE", $2,856,000;
"ANIMAL AND PLANT HEALTH INSPECTION SERVICE", $3,495,000;
"STATISTICAL REPORTING SERVICE", $41,000;
"FOREIGN AGRICULTURAL SERVICE", $166,000;
"ECONOMIC RESEARCH SERVICE", $251,000;
"SALARIES AND EXPENSES", $1,584,000;
"MARKETING SERVICES", $438,000;
"CONSERVATION OPERATION", $3,371,000, TO REMAIN AVAILABLE UNTIL
EXPENDED;
"RIVER BASIN SURVEYS AND INVESTIGATIONS", $252,000 TO REMAIN
AVAILABLE UNTIL EXPENDED;
"WATERSHED PLANNING", $167,000, TO REMAIN AVAILABLE UNTIL EXPENDED;
"FOREST PROTECTION AND UTILIZATION", $5,144,000.
"CONSTRUCTION AND LAND ACQUISITION", $213,000, TO REMAIN AVAILABLE
UNTIL EXPENDED.
"SALARIES AND EXPENSES", $164,543, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "SALARIES AND EXPENSES", NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, FISCAL YEAR 1973;
"1972 CENSUS OF GOVERNMENTS", $29,000 TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "SALARIES AND EXPENSES", SOCIAL AND ECONOMIC
STATISTICS ADMINISTRATION, FISCAL YEAR 1973;
"1972 ECONOMIC CENSUSES", $310,800, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "SALARIES AND EXPENSES", SOCIAL AND ECONOMIC
STATISTICS ADMINISTRATION, FISCAL YEAR 1973;
"NINETEENTH DECENNIAL CENSUS", $255,200, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR "SALARIES AND EXPENSES", SOCIAL AND ECONOMIC
STATISTICS ADMINISTRATION, FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $372,900, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "SALARIES AND EXPENSES", NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $7,000, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "SALARIES AND EXPENSES", NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, FISCAL YEAR 1973;
"RESEARCH, DEVELOPMENT AND FACILITIES", $1,254,200, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "SALARIES AND EXPENSES" NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION, FISCAL YEAR 1973;
"SATELLITE OPERATIONS", $273,440, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "SALARIES AND EXPENSES", NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, FISCAL YEAR 1973;
"RESEARCH, ENGINEERING, ANALYSIS, AND TECHNICAL SERVICES", $92,100,
TO BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "SALARIES AND
EXPENSES", NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, FISCAL YEAR
1973;
"MILITARY PERSONNEL, ARMY", $175,651,000;
"MILITARY PERSONNEL, NAVY", $123,311,000, AND IN ADDITION,
$13,800,000 WHICH SHALL BE DERIVED BY TRANSFER FROM "SHIPBUILDING AND
CONVERSION, NAVY, FISCAL YEAR 1973/1977", AND $750,000 WHICH SHALL BE
DERIVED BY TRANSFER UNDER THE PROVISIONS OF SECTION 735 OF THE
DEPARTMENT OF DEFENSE APPROPRIATION ACT, 1973, FROM "PROCUREMENT OF
AIRCRAFT AND MISSILES, NAVY, FY 1971/1973"; //86 STAT. 1202.//
"MILITARY PERSONNEL, MARINE CORPS", $40,362,000;
"MILITARY PERSONNEL, AIR FORCE", $164,070,000, AND IN ADDITION,
$7,000,000 WHICH SHALL BE DERIVED BY TRANSFER FROM "OTHER PROCUREMENT
AIR FORCE, FY 1973/1975";
"RESERVE PERSONNEL, ARMY", $7,924,000;
"RESERVE PERSONNEL, NAVY", $5,935,000;
"NATIONAL GUARD PERSONNEL, ARMY", $15,416,000;
"OPERATION AND MAINTENANCE, ARMY", $91,000,000;
"OPERATION AND MAINTENANCE, NAVY", $95,000,000;
"OPERATION AND MAINTENANCE, MARINE CORPS", $5,000,000;
"OPERATION AND MAINTENANCE, AIR FORCE", $75,600,000;
"OPERATION AND MAINTENANCE, DEFENSE AGENCIES", AS FOLLOWS: FOR THE
ORGANIZATION OF THE JOINT CHIEFS OF STAFF, $136,000; FOR THE OFFICE OF
INFORMATION OF THE ARMED FORCES, $50,000; FOR THE ARMED FORCES
INSTITUTE, $18,000; FOR INTELLIGENCE AND COMMUNICATION ACTIVITIES,
$6,100,000; FOR THE DEFENSE SUPPLY AGENCY, $12,350,000; FOR THE
DEFENSE CONTRACT AUDIT AGENCY, $1,300,000; FOR THE DEFENSE MAPPING
AGENCY, $3,045,000; FOR THE DEFENSE INVESTIGATIVE SERVICE, $3,000; IN
ALL, $23,002,000;
"OPERATION AND MAINTENANCE, ARMY RESERVE", $3,700,000;
"OPERATION AND MAINTENANCE, NAVY RESERVE", $2,300,000;
"OPERATION AND MAINTENANCE, AIR FORCE RESERVE", $3,300,000;
"OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD", $8,500,000;
"OPERATION AND MAINTENANCE, AIR NATIONAL GUARD, $6,500,000;
"GENERAL INVESTIGATIONS", TO REMAIN AVAILABLE UNTIL EXPENDED,
$800,000, TO BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR
"CONSTRUCTION, GENERAL", FISCAL YEAR 1973;
"GENERAL EXPENSES", $700,000, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "CONSTRUCTION, GENERAL", FISCAL YEAR 1973;
"OPERATION AND MAINTENANCE", $324,000, TO BE PAID FROM THE SOLDIERS'
AND AIRMEN'S HOME PERMANENT FUND;
"OPERATING EXPENSES", $750,000;
"FOOD, DRUG, AND PRODUCT SAFETY", $2,072,000, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "SPECIAL BENEFITS FOR DISABLED COAL
MINERS", FISCAL YEAR 1973;
"SAINT ELIZABETHS HOSPITAL", $934,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "SPECIAL BENEFITS FOR DISABLED COAL MINERS",
FISCAL YEAR 1973;
"OFFICE OF THE ADMINISTRATOR", $282,000, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR "SPECIAL BENEFITS FOR DISABLED COAL MINERS",
FISCAL YEAR 1973;
"INDIAN HEALTH SERVICES", $2,734,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "SPECIAL BENEFITS FOR DISABLED COAL MINERS",
FISCAL YEAR 1973;
"EMERGENCY HEALTH", $81,000, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "SPECIAL BENEFITS FOR DISABLED COAL MINERS", FISCAL
YEAR 1973;
"CHILD DEVELOPMENT", $150,000, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "SPECIAL BENEFITS FOR DISABLED COAL MINERS", FISCAL
YEAR 1973.
"OFFICE OF CONSUMER AFFAIRS", $25,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "SPECIAL BENEFITS FOR DISABLED COAL MINERS",
FISCAL YEAR 1973;
"EDUCATION AND WELFARE SERVICES", $2,326,000, OF WHICH $2,040,000
SHALL BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "SALARIES AND
EXPENSES", OFFICE OF WATER RESOURCES RESEARCH, FISCAL YEAR 1973, AND
$286,000 SHALL BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR
"SURVEYS, INVESTIGATIONS, AND RESEARCH", GEOLOGICAL SURVEY, FISCAL YEAR
1973;
"SALARIES AND EXPENSES", $72,000, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "SURVEYS, INVESTIGATIONS, AND RESEARCH", GEOLOGICAL
SURVEY, FISCAL YEAR 1973;
"HEALTH AND SAFETY", $663,000, TO BE DERIVED BYTRANSFER FROM THE
APPROPRIATION FOR "SURVEYS, INVESTIGATIONS, AND RESEARCH", GEOLOGICAL
SURVEY, FISCAL YEAR 1973;
"GENERAL ADMINISTRATIVE EXPENSES", $43,000, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR "SURVEYS, INVESTIGATIONS, AND RESEARCH",
GEOLOGICAL SURVEY, FISCAL YEAR 1973;
"MANAGEMENT AND INVESTIGATIONS OF RESOURCES," $900,000;
"MANAGEMENT AND PROTECTION," $1,442,000;
"MAINTENANCE AND REHABILITATION OF PHYSICAL FACILITIES," $2,598,000;
"GENERAL INVESTIGATIONS", TO REMAIN AVAILABLE UNTIL EXPENDED,
$315,000, BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR
"CONSTRUCTION AND REHABILITATION", FISCAL YEAR 1973;
"OPERATION AND MAINTENANCE", $4,165,000, TO BE DERIVED BY TRANSFER
FROM THE APPROPRIATION FOR "CONSTRUCTION AND REHABILITATION", FISCAL
YEAR 1973;
"GENERAL ADMINISTRATIVE EXPENSES", $375,000, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "CONSTRUCTION AND REHABILITATION",
FISCAL YEAR 1973;
"SALARIES AND EXPENSES, GENERAL ADMINISTRATION", $200,000, TO BE
DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "SALARIES AND EXPENSES",
LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, FISCAL YEAR 1973;
"SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES", $500,000, OF WHICH
$100,000 SHALL BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR
"SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE", FISCAL YEAR 1973,
AND $400,000 FROM THE APPROPRIATION FOR "SALARIES AND EXPENSES", LAW
ENFORCEMENT ASSISTANCE ADMINISTRATION, FISCAL YEAR 1973;
"SALARIES AND EXPENSES, UNITED STATES ATTORNEYS AND MARSHALS",
$1,360,000, TO BE DERIVED BY TRANSFER FROM THE APPROPRIATION FOR
"SALARIES AND EXPENSES", LAW ENFORCEMENT ASSISTANCE ADMINISTRATION,
FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $7,240,000, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "SALARIES AND EXPENSES", LAW ENFORCEMENT
ASSISTANCE ADMINISTRATION, FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $2,400,000 TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "SALARIES AND EXPENSES", LAW ENFORCEMENT
ASSISTANCE ADMINISTRATION, FISCAL YEAR 1973;
"SALARIES AND EXPENSES, BUREAU OF PRISONS", $2,000,000, TO BE DERIVED
BY TRANSFER FROM THE APPROPRIATION FOR "SALARIES AND EXPENSES", LAW
ENFORCEMENT ASSISTANCE ADMINISTRATION, FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $600,000, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "SALARIES AND EXPENSES", LAW ENFORCEMENT ASSISTANCE
ADMINISTRATION, FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $475,700, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "FEDERAL GRANTS TO STATES FOR EMPLOYMENT SERVICES",
FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $1,028,500, TO BE DERIVED BY TRANSFER FROM
THE APPROPRIATION FOR "MANPOWER ADMINISTRATION, SALARIES AND EXPENSES",
FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $667,800, TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "FEDERAL GRANTS TO STATES FOR EMPLOYMENT SERVICES",
FISCAL YEAR 1973;
"SALARIES AND EXPENSES", $3,668,500, OF WHICH $534,000 SHALL BE
DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "MIGRATION AND REFUGEE
ASSISTANCE", FISCAL YEAR 1973, AND $185,500 FROM THE APPROPRIATION FOR
"INTERNATIONAL RADIO BROADCASTING ACTIVITIES", COMMISSION ON
INTERNATIONAL RADIO BROADCASTING, FISCAL YEAR 1973;
"MISSIONS TO INTERNATIONAL ORGANIZATIONS", $60,400, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "INTERNATIONAL RADIO BROADCASTING
ACTIVITIES", COMMISSION IN INTERNATIONAL RADIO BROADCASTING, FISCAL YEAR
1973;
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND
MEXICO: "OPERATION AND MAINTENANCE", $83,000, OF WHICH $20,000 SHALL BE
DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "CHAMIZAL SETTLEMENT";
"AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS", $13,000, TO BE
DERIVED BY TRANSFER FROM THE APPROPRIATION FOR "INTERNATIONAL RADIO
BROADCASTING ACTIVITIES", COMMISSION ON INTERNATIONAL RADIO
BROADCASTING, FISCAL YEAR 1973;
"INTERNATIONAL FISHERIES COMMISSIONS", $16,000, TO BE DERIVED BY
TRANSFER FROM THE APPROPRIATION FOR "INTERNATIONAL RADIO BRAODCASTING
ACTIVITIES", COMMISSION ON INTERNATIONAL RADIO BROADCASTING, FISCAL YEAR
1973;
"OPERATIONS", $21,523,000, TO BE DERIVED BY TRANSFERS FROM THE
APPROPRIATIONS FOR "COAST GUARD: OPERATING EXPENSES, ($200,000);
RESERVE TRAINING, ($600,000); ALTERATION OF BRIDGES ($3,000,000);
URBAN MASS TRANSPORTATION FUND, ($4,323,000); OFFICE OF THE SECRETARY:
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT, ($3,000,000);
FEDERAL AVIATION ADMINISTRATION: CONSTRUCTION, NATIONAL CAPITAL
AIRPORTS, ($4,000,000); OPERATIONS (NO-YEAR), ($6,400,000);
"SALARIES AND EXPENSES", $98,428 TO BE DERIVED BY TRANSFER FROM THE
APPROPRIATION FOR "HIGHWAY BEAUTIFICATION, ADMINISTRATIVE EXPENSES";
"SALARIES AND EXPENSES", $56,000, TO BE DERIVED BY TRANSFER FROM
"URBAN MASS TRANSPORTATION FUND";
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $200,000, TO BE
DERIVED BY TRANSFER FROM "SALARIES AND EXPENSES", FEDERAL LAW
ENFORCEMENT TRAINING CENTER, $100,000, AND FROM "ADMINISTERING THE
PUBLIC DEBT", BUREAU OF THE PUBLIC DEBT, $100,000;
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $700,000 TO BE
DERIVED BY TRANSFER FROM "SALARIES AND EXPENSES", BUREAU OF THE MINT;
FOR AN ADDITIONAL AMOUNT FOR "SALARIES AND EXPENSES", $2,000,000, TO
BE DERIVED BY TRANSFER FROM "ADMINISTERING THE PUBLIC DEBT", BUREAU OF
THE PUBLIC DEBT;
"SALARIES AND EXPENSES", $2,050,000, OF WHICH $300,000 SHALL BE
DERIVED BY TRANSFER FROM "SALARIES AND EXPENSES", BUREAU OF THE MINT;
"OPERATING EXPENSES", $5,000,000;
"OPERATING EXPENSES", $230,000, TO BE DERIVED BY TRANSFER FROM
"INDIAN TRIBAL CALIMS", OFFICE OF ADMINISTRATOR;
"SALARIES AND EXPENSES", $400,000;
"OPERATING EXPENSES", $340,000, TO BE DERIVED BY TRANSFER FROM
"RECORDS DECLASSIFICATION", NATIONAL ARCHIVES AND RECORDS SERVICE;
"OPERATING EXPENSES", $14,000, TO BE DERIVED BY TRANSFER FROM "INDIAN
TRIBAL CLAIMS", OFFICE OF ADMINISTRATOR;
"3PERATING EXPENSES", $262,000, TO BE DERIVED BY TRANSFER FROM
"INDIAN TRIBAL CLAIMS", OFFICE OF ADMINISTRATOR;
"SALARIES AND EXPENSES", $30,000, TO BE DERIVED BY TRANSFER FROM
"INDIAN TRIBAL CLAIMS", OFFICE OF ADMINISTRATOR;
"MEDICAL AND PROSTHETICS RESEARCH", $1,170,000, TO REMAIN AVAILABLE
UNTIL EXPENDED, AND TO BE DERIVED BY TRANSFER FROM "GENERAL OPERATING
EXPENSES", FISCAL YEAR 1973;
"OPERATING EXPENSES, DOMESTIC PROGRAMS", $269,260, TO BE DERIVED BY
TRANSFER FROM "OPERATING EXPENSES, INTERNATIONAL PROGRAMS," FISCAL YEAR
1973;
"SALARIES AND EXPENSES", $323,000;
"SALARIES AND EXPENSES", $200,000;
"SALARIES AND EXPENSES", $115,000, TO BE DERIVED BY TRANSFER FROM
"SALARIES AND EXPENSES", FEDERAL LABOR RELATIONS COUNCIL, $50,000, AND
FROM "ANNUITIES UNDER SPECIAL ACTS", $65,000;
"SALARIES AND EXPENSES", $168,000;
"SALARIES AND EXPENSES", $477,000;
"SALARIES AND EXPENSES", $12,000;
"SALARIES AND EXPENSES", $600,000;
OF THE AMOUNT HERETOFORE APPROPRIATED FOR "SALARIES AND EXPENSES",
FOR THE CURRENT FISCAL YEAR, THE AMOUNT IN THE LIMITATION FOR PROGRAM
DEVELOPMENT AND MANAGEMENT MAY BE INCREASED BY NOT TO EXCEED $560,000;
"SALARIES AND EXPENSES", $532,000: PROVIDED, THAT THE AMOUNT
AVAILABLE IN THE CURRENT FISCAL YEAR FOR EXPENSES OF TRAVEL IS INCREASED
BY $53,000;
"SALARIES AND EXPENSES", $500,000;
"GENERAL OPERATING EXPENSES", $958,000, OF WHICH $13,200 SHALL BE
PAYABLE FROM THE HIGHWAY FUND (INCLUDING $3,400 FROM THE MOTOR VEHICLE
PARKING ACCOUNT); $2,100 FROM THE WATER FUND; AND $900 FROM THE
SANITARY SEWAGE WORKS FUND;
"PUBLIC SAFETY", $1,108,000;
"EDUCATION", $1,043,000;
"RECREATION", $250,000;
"HUMAN RESOURCES", $2,248,000;
"HIGHWAYS AND TRAFFIC", $291,000, OF WHICH $254,000 SHALL BE PAYABLE
FROM THE HIGHWAY FUND;
"ENVIRONMENTAL SERVICES", $993,000, OF WHICH $248,600 SHALL BE
PAYABLE FROM THE WATER FUND, AND $183,700, FROM THE SANITARY SEWAGE
WORKS FUND.
THE SUMS APPROPRIATED HEREIN FOR THE DISTRICT OF COLUMBIA SHALL BE
PAID OUT OF THE GENERAL FUND OF THE DISTRICT OF COLUMBIA, EXCEPT AS
OTHERWISE SPECIFICALLY PROVIDED.
SEC. 301. 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. 302. EXCEPT WHERE SPECIFICALLY INCREASED OR DECREASED ELSEWHERE
IN THIS ACT, THE RESTRICTIONS CONTAINED WITHIN APPROPRIATIONS, OR
PROVISIONS AFFECTING APPROPRIATIONS OR OTHER FUNDS, AVAILABLE DURING THE
FISCAL YEAR 1973, LIMITING THE AMOUNTS WHICH MAY BE EXPENDED FOR
PERSONAL SERVICES, OR FOR PURPOSES INVOLVING PERSONAL SERVICES, OR
AMOUNTS WHICH MAY BE TRANSFERRED BETWEEN APPROPRIATIONS OR
AUTHORIZATIONS AVAILABLE FOR OR INVOLVING SUCH SERVICES, ARE HEREBY
INCREASED TO THE EXTENT NECESSARY TO MEET INCREASED PAY COSTS AUTHORIZED
BY OR PURSUANT TO LAW.
SEC. 303. APPLICABLE APPROPRIATIONS OR FUNDS AVAILABLE FOR THE
FISCAL YEAR 1973 SHALL ALSO BE AVAILABLE FOR PAYMENT OF PRIOR FISCAL
YEAR OBLIGATIONS FOR RETROACTIVE PAY INCREASES GRANTED PURSUANT TO 5 U.
S.C. 5341. //80 STAT. 471; 82 STAT. 997.//
SEC. 304. NO FUNDS APPROPRIATED IN THIS ACT SHALL BE EXPENDED TO AID
OR ASSIST IN THE RECONSTRUCTION OF THE DEMOCRATIC REPUBLIC OR VIETNAM
(NORTH VIETNAM).
SEC. 305. NO PART OF ANY APPROPRIATION CONTAINED IN THIS OR ANY
OTHER ACT, OR OF FUNDS AVAILABLE FOR EXPENDITURE BY ANY CORPORATION OR
AGENCY 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. 306. APPROPRIATIONS AND AUTHORITY PROVIDED IN THIS ACT SHALL BE
AVAILABLE FROM JUNE 5, 1973, AND ALL OBLIGATIONS INCURRED IN
ANTICIPATION OF THE APPROPRIATIONS AND AUTHORITY PROVIDED IN THIS ACT
ARE HEREBY RATIFIED AND CONFIRMED IF OTHERWISE IN ACCORDANCE WITH THE
PROVISIONS OF THIS ACT.
SEC. 307. NONE OF THE FUNDS HEREIN APPROPRIATED UNDER THIS ACT MAY
BE EXPENDED TO SUPPORT DIRECTLY OR INDIRECTLY COMBAT ACTIVITIES IN OR
OVER CAMBODIA, LAOS, NORTH VIETNAM, AND SOUTH VIETNAM OR OFF THE SHORES
OF CAMBODIA, LAOS, NORTH VIETNAM AND SOUTH VIETNAM BY UNITED STATES
FORCES, AND AFTER AUGUST 15, 1973, NO OTHER FUNDS HERETOFORE
APPROPRIATED UNDER ANY OTHER ACT MAY BE EXPENDED FOR SUCH PURPOSE.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 350 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 29, CONSIDERED AND PASSED HOUSE AND SENATE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9, NO. 27:
JULY 1, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-49, 87 STAT. 99
TO AUTHORIZE ADDITIONAL APPROPRIATIONS TO CARRY OUT THE PEACE
CORPS ACT, 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 FIRST PHRASE OF
SECTION 3 (B) OF THE PEACE CORPS ACT (22 U.S.C. 2502 (B)), ENDING WITH A
COLON, IS AMENDED TO READ AS FOLLOWS: "THERE ARE AUTHORIZED TO BE
APPROPRIATED TO THE PRESIDENT FOR THE FISCAL YEAR 1974 NOT TO EXCEED
$77,001,000 TO CARRY OUT THE PURPOSES OF THIS ACT". //86 STAT. 495.//
SEC. 2. SECTION 10 (D) OF THE PEACE CORPS ACT (22 U.S.C. 2509 (D))
IS AMENDED BY INSERTING IMMEDIATELY AFTER "OTHER THAN", THE FOLLOWING:
"SECTION 3709 OF THE REVISED STATUTES OF THE UNITED STATES, AS AMENDED,
SECTION 302 OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF
1949, AND". //75 STAT. 618. 41 U.S.C. 5. 41 U.S.C. 252.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO 93 - 89 (COMM. ON FOREIGN AFFAIRS) AND
NO. 93 - 261 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 161 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 29, CONSIDERED AND PASSED HOUSE. MAY 21, CONSIDERED AND
PASSED SENATE, AMENDED. JUNE 12, HOUSE AND SENATE AGREED TO
CONFERENCE REPORT.
PUBLIC LAW 93-48, 87 STAT. 99
TO PROVIDE FOR THE IMMEDIATE DISPOSAL OF CERTAIN ABACA AND
SISAL CORDAGE FIBER NOW HELD IN THE NATIONAL STOCKPILE.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT NOTWITHSTANDING THE
PROVISIONS OF SECTION 3 (E) OF THE STRATEGIC AND CRITICAL MATERIALS
STOCK PILING ACT (50 U.S.C. 98B (E)), THE ABACA CORDAGE FIBER AND SISAL
CORDAGE FIBER WHICH WAS DECLARED OBSOLESCENT BY THE OFFICE OF EMERGENCY
PREPAREDNESS AND WITH RESPECT TO WHICH NOTICE OF DISPOSAL WAS PUBLISHED
IN THE FEDERAL REGISTER BY THE GENERAL SERVICES ADMINISTRATION ON
JANUARY 9, 1973, MAY BE DISPOSED OF ON OR AFTER THE DATE OF THE
ENACTMENT OF THIS ACT. //60 STAT. 597. 38 FR 1157.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 130 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 203 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 30, CONSIDERED AND PASSED HOUSE. JUNE 13, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-47, 87 STAT. 98
TO AMEND THE FOREIGN SERVICE BUILDINGS ACT, 1926, TO AUTHORIZE
ADDITIONAL APPROPRIATIONS, 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 4 OF THE
FOREIGN SERVICE BUILDINGS ACT, 1926 (22 U.S.C. 295), IS AMENDED -- //44
STAT. 404; 80 STAT. 881.//
(1) BY REDESIGNATING SUBSECTION (G) AS SUBSECTION (H) AND BY
INSERTING IMMEDIATELY AFTER SUBSECTION (F) THE FOLLOWING NEW
SUBSECTION:
"(G) IN ADDITIONA TO AMOUNTS AUTHORIZED BEFORE THE DATE OF ENACTMENT
OF THIS SUBSECTION, THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED TO THE
SECRETARY OF STATE --
"(1) FOR ACQUISITION BY PURCHASE OR CONSTRUCTION (INCLUDING
ACQUISITION OF LEASEHOLDS) OF SITES AND BUILDINGS IN FOREIGN
COUNTRIES UNDER THIS ACT, AND FOR MAJOR ALTERATIONS OF BUILDINGS
ACQUIRED UNDER THIS ACT, THE FOLLOWING SUMS --
"(A) FOR USE IN AFRICA, NOT TO EXCEED $2,190,000, OF WHICH NOT
TO EXCEED $590,000 MAY BE APPROPRIATED FOR THE FISCAL YEAR 1974;
"(B) FOR USE IN THE AMERICAN REPUBLICS, NOT TO EXCEED $375,000,
OF WHICH NOT TO EXCEED $240,000 MAY BE APPROPRIATED FOR THE FISCAL
YEAR 1974;
"(C) FOR USE IN EUROPE, NOT TO EXCEED $4,780,000, OF WHICH NOT
TO EXCEED $160,000 MAY BE APPROPRIATED FOR THE FISCAL YEAR 1974;
"(D) FOR USE IN EAST ASIA, NOT TO EXCEED $2,585,000, OF WHICH
NOT TO EXCEED $985,000 MAY BE APPROPRIATED FOR THE FISCAL YEAR
1974;
"(E) FOR USE IN THE NEAR EAST AND SOUTH ASIA, NOT TO EXCEED
$3,518,000, OF WHICH NOT TO EXCEED $2,218,000 MAY BE APPROPRIATED
FOR THE FISCAL YEAR 1974;
"(F) FOR FACILITIES FOR THE UNITED STATES INFORMATION AGENCY,
NOT TO EXCEED $45,000 FOR USE BEGINNING IN THE FISCAL YEAR 1975;
"(G) FOR FACILITIES FOR AGRICULTURAL AND DEFENSE ATTACHE
HOUSING, NOT TO EXCEED $318,000 FOR USE BEGINNING IN THE FISCAL
YEAR 1974; AND
"(2) FOR USE TO CARRY OUT OTHER PURPOSES OF THIS ACT FOR FISCAL YEARS
1974 AND 1975, $45,800,000, OF WHICH NOT TO EXCEED $21,700,000 MAY BE
APPROPRIATED FOR FISCAL YEAR 1974."; AND
(2) BY STRIKING OUT PARAGRAPH (2) OF SUBSECTION (H), AS SO DESIGNATED
BY PARAGRAPH (1), OF THIS ACT, AND INSERTING IN LIEU THEREOF THE
FOLLOWING NEW PARAGRAPHS:
"(2) NOT TO EXCEED 10 PER CENTUM OF THE FUNDS AUTHORIZED BY ANY
SUBPARAGRAPH UNDER PARAGRAPH (1) OF SUBSECTIONS (D), (F), AND (G) OF
THIS SECTION MAY BE USED FOR ANY OF THE PURPOSES FOR WHICH FUNDS ARE
AUTHORIZED UNDER ANY OTHER SUBPARAGRAPH OF ANY OF SUCH PARAGRAPHS (1).
//ANTE, P. 98.//
"(3) THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY
OF STATE SUCH ADDITIONAL OR SUPPLEMENTAL AMOUNTS AS MAY BE NECESSARY FOR
INCREASES IN SALARY, PAY, RETIREMENT, OR OTHER EMPLOYEE BENEFITS
AUTHORIZED BY LAW."
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 82 (COMM. ON FOREIGN AFFAIRS) AND
NO. 93 - 260 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 162 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 28, CONSIDERED AND PASSED HOUSE. MAY 21, CONSIDERED AND
PASSED SENATE, AMENDED. JUNE 7, HOUSE AGREED TO CONFERENCE
REPORT. JUNE 12, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-46, 87 STAT. 96
TO AMEND THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT
OF 1965 TO EXTEND THE AUTHORIZATIONS FOR A ONE-YEAR PERIOD.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. THE FIRST SENTENCE OF SECTION 105 OF THE PUBLIC WORKS AND
ECONOMIC DEVELOPMENT ACT OF 1965, AS AMENDED, IS AMENDED BY STRIKING OUT
THE WORD "AND" AFTER THE WORDS "JUNE 30, 1971," AND BY STRIKING OUT THE
PERIOD AT THE END THEREOF AND INSERTING IN LIEU THEREOF A COMMA AND THE
FOLLOWING: "AND NOT TO EXCEED $200,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1974.", AND BY STRIKING IN THE LAST SENTENCE THE WORDS "AND
JUNE 30, 1973," AND INSERTING IN LIEU THEREOF ", JUNE 30, 1973, AND JUNE
30, 1974,". //79 STAT. 552; 85 STAT. 166. 42 U.S.C. 3135.
SEC. 2. SUBSECTION (C) OF SECTION 201 OF THE PUBLIC WORKS AND
ECONOMIC DEVELOPMENT ACT OF 1965, AS AMENDED, IS AMENDED BY STRIKING OUT
THE PERIOD AT THE END THEREOF AND INSERTING IN LIEU THEREOF A COMMA AND
THE FOLLOWING: "AND SHALL NOT EXCEED $55,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1974." //42 U.S.C. 3141.//
SEC. 3. (A) SUBSECTION (B) OF SECTION 301 OF THE PUBLIC WORKS AND
ECONOMIC DEVELOPMENT ACT OF 1965, AS AMENDED, IS AMENDED BY INSERTING IN
THE FIRST SENTENCE IMMEDIATELY AFTER THE WORD "HEREOF" THE FOLLOWING:
", EXCEPT THAT IN THE CASE OF A GRANT UNDER THIS SUBSECTION TO AN INDIAN
TRIBE THE SECRETARY IS AUTHORIZED TO DEFRAY UP TO 100 PER CENTUM OF SUCH
EXPENSES". //42 U.S.C. 3151.//
(B) SECTION 302 OF THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF
1965, AS AMENDED, IS AMENDED BY STRIKING OUT THE WORD "AND" AFTER THE
WORDS "JUNE 30, 1969," AND BY STRIKING OUT THE PERIOD AT THE END THEREOF
AND INSERTING IN LIEU THEREOF A COMMA AND THE FOLLOWING: "AND
$35,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974." //42 U.S.C.
3152.//
SEC. 4. SUBSECTION (G) OF SECTION 403 OF THE PUBLIC WORKS AND
ECONOMIC DEVELOPMENT ACT OF 1965, AS AMENDED, IS AMENDED BY INSERTING
AFTER "1973", THE FOLLOWING: "AND NOT TO EXCEED $45,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1974.". //42 U.S.C. 3171.//
SEC. 5. THE FIRST SENTENCE OF SUBSECTION (D) OF SECTION 509 OF THE
PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965 IS AMENDED BY STRIKING
OUT THE PERIOD AT THE END THEREOF AND INSERTING IN LIEU THEREOF A COMMA
AND THE FOLLOWING: "AND FOR THE FISCAL YEAR ENDING JUNE 30, 1974, TO BE
AVAILABLE UNTIL EXPENDED, $95,000,000.". //87 STAT. 97. 83 STAT. 218;
85 STAT. 167. 42 U.S.C. 3188A.//
SEC. 6. (A) SECTION 2 OF THE ACT OF JULY 6, 1970, AS AMENDED (PUBLIC
LAW 91 - 304), IS AMENDED BY STRIKING OUT "1972" AND INSERTING IN LIEU
THEREOF "1974". //85 STAT. 168. 42 U.S.C. 3162 NOTE.//
(B) THE AMENDMENT MADE BY SUBSECTION (A) OF THIS SECTION SHALL TAKE
EFFECT MAY 31, 1972, AND ANY AREA DESIGNATED AS A REDEVELOPMENT AREA FOR
THE PURPOSES OF THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965,
AS AMENDED, ON OR BEFORE THAT DATE AND WHICH HAS HAD SUCH DESIGNATION
TERMINATED OR MODIFIED IN ACCORDANCE WITH SECTION 402 OF SUCH ACT OF
1965 ON OR BEFORE THE DATE OF ENACTMENT OF THIS ACT SHALL, FOR THE
PURPOSES OF SUCH ACT OF 1965, BE HELD AND CONSIDERED AS A DESIGNATED
REDEVELOPMENT AREA DURING SUCH PERIOD AND SHALL CONTINUE TO BE
DESIGNATED AS A REDEVELOPMENT AREA UNTIL OTHERWISE TERMINED OR MODIFIED
IN ACCORDANCE WITH THE PROVISIONS OF SECTION 402 OF SUCH ACT OF 1965 AND
SECTION 2 OF THE ACT OF JULY 6, 1970, AS AMENDED BY THIS ACT (PUBLIC LAW
91 - 304). //79 STAT. 552. 42 U.S.C. 3121 NOTE. 42 U. S.C. 3162.//
SEC. 7. THE PRESIDENT'S INTER-AGENCY ECONOMIC ADJUSTMENT COMMITTEE
ESTABLISHED UNDER PRESEDENTIAL MEMORANDUM OF MARCH 4, 1970, SHALL SUBMIT
TO THE CONGRESS WITHIN THIRTY DAYS FOLLWOING ENACTMENT OF THIS ACT A
REPORT. SUCH REPORT, WITH RESPECT TO EACH COMMUNITY AFFECTED BY THE
DEFENSE FACILITY AND ACTIVITY REALIGNMENTS ANNOUNCED ON APRIL 17, 1973,
SHALL --
(1) CONTAIN DETAILS AS TO THE FACILITIES OR PORTIONS THEREOF
AFFECTED BY THE REALIGNMENTS WHICH ARE EXCESS TO THE GOVERNMENT'S
SECURITY NEEDS AND WHICH CAN BE TURNED OVER TO THE LOCAL
JURISDICTION FOR CIVILIAN USE;
(2) DESCRIBE PROCEDURES PROVIDING FOR THE MOST EXPEDITIOUS
TRANSFER OF SUCH FACILITIES TO CIVILIAN USE;
(3) CONTAIN COMPREHENSIVE ANALYSES OF THE COMMUNITY ECONOMIC
IMPACT OF A REALIGNMENT WHICH REDUCES OR TERMINATES ACTIVITIES
RESULTING IN A DECREASE IN MILITARY OR CIVILIAN PERSONNEL EMPLOYED
AT A FACILITY;
(4) DESCRIBE TECHNICAL ASSISTANCE AND PROGRAM RESOURCES MADE
AVAILABLE BY THE FEDERAL AGENCIES TO COMMUNITIES IN PLANNING AND
CARRYING OUT ECONOMIC DEVELOPMENT PLANS TO TUILIZE FACILITIES
TRANSFERRED TO CIVILIAN CONTROL; AND
(5) CONTAIN AN ESTIMATE OF THE FEDERAL PROGRAM RESOURCES AND
THE ANTICIPATED COST TO FULLY IMPLEMENT COMMUNITY ECONOMIC
DEVELOPMENT PLANS, AND, WHERE NECESSARY, CONTAIN RECOMMENDATIONS
FOR INCREASED APPROPRIATIONS TO MEET THOSE ANTICIPATED COSTS.
SEC. 8. THE PRESIDENT SHALL INSTRUCT THE SECRETARY OF COMMERCE AND
THE OFFICE OF MANAGEMENT AND BUDGET TO REEXAMINE CURRENT AND PAST
FEDERAL EFFORTS TO SECURE BALANCED NATIONAL ECONOMIC DEVELOPMENT AND
SHALL SUBMIT TO CONGRESS WITHIN SIX MONTHS AFTER THE ENACTMENT OF THIS
ACT A PROPOSAL FOR THE RESTRUCTURING OF THE VARIOUS FEDERAL ECONOMIC
DEVELOPMENT PROGRAMS.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 53 (COMM. ON PUBLIC WORKS) AND
NO. 93 - 254 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 117 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 15, CONSIDERED AND PASSED HOUSE. MAY 8, CONSIDERED AND
PASSED SENATE, AMENDED. JUNE 6, SENATE AGREED TO CONFERENCE
REPORT. JUNE 8, HOUSE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTAIL DOCUMENTS, VOL. 9, NO. 25:
JUNE 19, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-45, 87 STAT. 91, HEALTH PROGRAMS EXTENSION ACT OF 1973.
TO EXTEND THROUGH FISCAL YEAR 1974 CERTAIN EXPIRING
APPROPRIATIONS AUTHORIZATIONS IN THE PUBLIC HEALTH SERVICE ACT,
THE COMMUNITY MENTAL HEALTH CENTERS ACT, AND THE DEVELOPMENTAL
DISABILITIES SERVICES AND FACILITIES CONSTRUCTION ACT, 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. THIS ACT MAY BE CITED AS THE "HEALTH PROGRAMS EXTENSION
ACT OF 1973".
SEC. 101. WHENEVER IN THIS TITLE AN AMENDMENT IS EXPRESSED IN TERMS
OF AN AMENDMENT TO A SECTION OR OTHER PROVISION, THE REFERENCE SHALL BE
CONSIDERED TO BE MADE TO A SECTION OR OTHER PROVISION OF THE PUBLIC
HEALTH SERVICE ACT. //58 STAT. 682. 42 U.S.C. 201 NOTE.//
SEC. 102. SECTION 304 (C) (1) IS AMENDED (1) BY STRIKING OUT "AND"
AFTER "1972,", AND (2) BY INSERTING BEFORE THE PERIOD AT THE END THEREOF
A COMMA AND THE FOLLOWING: "AND $42,617,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1974". //84 STAT. 1302. 42 U.S.C. 242B.//
SEC. 103. SECTION 305 (D) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972," AND (2) BY STRIKING OUT THE PERIOD AND INSERTING IN LIEU THEREOF
A COMMA AND THE FOLLOWING: "AND $14,518,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1974". //84 STAT. 1304. 42 U.S.C. 242C.//
SEC. 104. (A) SECTION 306 (A) IS AMENDED (1) BY STRIKING OUT "AND"
AFTER "1972,", AND (2) BY INSERTING AFTER "1973) THE FOLLOWING: ", AND
$10,300,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974,". //70 STAT.
923; 84 STAT. 52. 42 U.S.C. 242D.//
(B) SECTION 309 (A) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$6,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //74 STAT. 819;
84 STAT. 52. 42 U.S.C. 242G.//
(C) SECTION 309 (C) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$6,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974".
SEC. 105. SECTION 310 IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$26,750,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //76 STAT. 592;
84 STAT. 52. 42 U.S.C. 242H.//
SEC. 106. (A) (1) SECTION 314 (A) (1) IS AMENDED (A) BY STRIKING OUT
"AND" AFTER "1972,", AND (B) BY INSERTING AFTER "1973" THE FOLLOWING:
", AND $10,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //80
STAT. 1181; 84 STAT. 1304. 42 U.S.C. 246.//
(2) SECTION 314 (B) (1) (A) IS AMENDED (A) BY STRIKING OUT "AND"
AFTER "1972,", AND (B) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$25,100,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974".
(3) SECTION 314 (C) IS AMENDED (A) BY STRIKING OUT "AND" AFTER
"1972,", AND (B) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$4,700,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974".
(4) SECTION 314 (D) (1) IS AMENDED (A) BY STRIKING OUT "AND" AFTER
"1972,", AND (B) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$90,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974".
(5) SECTION 314 (E) IS AMENDED (A) BY STRIKING OUT "AND" AFTER
"1972,", (B) BY INSERTING "AND $230,700,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1974," AFTER "1973,", AND (C) BY ADDING AT THE END THEREOF THE
FOLLOWING: "NO GRANT MAY BE MADE UNDER THIS SUBSECTION FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, TO COVER THE COST OF SERVICES DESCRIBED IN
CLAUSE (1) OR (2) OF THE FIRST SENTENCE IF A GRANT OR CONTRACT TO COVER
THE COST OF SUCH SERVICES MAY BE MADE OR ENTERED INTO FROM FUNDS
AUTHORIZED TO BE APPROPRIATED FOR SUCH FISCAL YEAR UNDER AN
AUTHORIZATION OF APPROPRIATIONS IN ANY PROVISION OF THIS ACT (OTHER THAN
THIS SUBSECTION) AMENDED BY TITLE I OF THE HEALTH PROGRAMS EXTENSION ACT
OF 1973." //ANTE, P. 91.//
(B) THE FIRST SENTENCES OF SECTION 314 (B) (1) (A) AND 314 (C) ARE
EACH AMENDED BY STRIKING OUT "AND ENDING JUNE 30, 1973" AND INSERTING IN
LIEU THEREOF "AND ENDING JUNE 30, 1974".
SEC. 107. (A) SECTION 394 (A) IS AMENDED (1) BY STRIKING OUT "AND"
AFTER "1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$1,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //79 STAT. 1062;
84 STAT. 63. 42 U.S.C. 280B - 4. 42 U.S.C. 280B - 5.//
(B) SECTION 395 (A) IS AMENDED BY INSERTING AFTER THE FIRST SENTENCE
THE FOLLOWING NEW SENTENCE: "TO ENABLE THE SECRETARY TO CARRY OUT SUCH
PURPOSES, THERE IS AUTHORIZED TO BE APPROPRIATED $95,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974."
(C) SECTION 395 (B) IS AMENDED BY INSERTING AFTER THE FIRST SENTENCE
THE FOLLOWING NEW SENTENCE: "TO ENABLE THE SECRETARY TO CARRY OUT SUCH
PURPOSES, THERE IS AUTHORIZED TO BE APPROPRIATED $900,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974."
(D) SECTION 396 (A) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$2,705,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //84 STAT. 67.
42 U.S.C. 280B - 7.//
(E) SECTION 397 (A) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$2,902,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //42 U.S.C. 280B
- 8.//
(F) SECTION 398 (A) IS AMENDED BY INSERTING AFTER THE FIRST SENTENCE
THE FOLLOWING NEW SENTENCE: "TO ENABLE THE SECRETARY TO CARRY OUT SUCH
PURPOSES, THERE IS AUTHORIZED TO BE APPROPRIATED $340,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974.". //42 U.S.C. 280B - 9.//
SEC. 108. (A) (1) SECTION 601 (A) IS AMENDED TO READ AS FOLLOWS:
//78 STAT. 448; 84 STAT. 337. 42 U.S.C. 291A.//
"(A) FOR THE FISCAL YEAR ENDING JUNE 30, 1974 --
"(1) $20,800,000 FOR GRANTS FOR THE CONSTRUCTION OF PUBLIC OR
OTHER NONPROFIT FACILITIES FOR LONG-TERM CARE;
"(2) $70,000,000 FOR GRANTS FOR THE CONSTRUCTION OF PUBLIC OR
OTHER NONPROFIT OUTPATIENT FACILITIES;
"(3) $15,000,000 FOR GRANTS FOR THE CONSTRUCTION OF PUBLIC OR
OTHER NONPROFIT REHABILITATION FACILITIES;".
(2) SECTION 601 (B) IS AMENDED (A) BY STRIKING OUT "AND" AFTER
"1972,", AND (B) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$41,400,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //78 STAT. 448;
84 STAT. 337. 42 U.S.C. 291A.//
SECTION 601 (C) IS AMENDED (A) BY STRIKING OUT "AND" AFTER "1972,",
AND (B) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND $50,000,000 FOR
THE FISCAL YEAR ENDING JUNE 30, 1974".
(B) (1) SECTION 621 (A) IS AMENDED BY STRIKING OUT "THROUGH JUNE 30,
1973" IN PARAGRAPHS (1) AND (2) AND INSERTING IN LIEU THEREOF "THROUGH
JUNE 30, 1974". //84 STAT. 334. 42 U.S.C. 291J - 1//
(2) SECTION 625 (2) IS AMENDED BY STRIKING OUT "FOR THE FISCAL YEAR
ENDING JUNE 30, 1973" AND INSERTING IN LIEU THEREOF "FOR EACH OF THE
FISCAL YEARS ENDING JUNE 30, 1973, AND JUNE 30, 1974". //84 STAT. 347.
42 U.S.C. 291J - 5.//
SEC. 109. (A) SECTION 792 (B) IS AMENDED (1) BY STRIKING OUT "AND"
AFTER "1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$20,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //84 STAT.
1344. 42 U.S.C. 295H - 1.//
(B) SECTION 792 (C) (1) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$18,245,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974".
(C) SECTION 793 (A) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972;", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: '; AND
$6,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //80 STAT. 1228;
84 STAT. 1346. 42 U.S.C. 295H - 2.//
(D) SECTION 794 (B) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972;", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: "; AND
$100,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //42 U.S.C. 295H -
SEC. 110. SECTION 901 (A) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$159,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974,". //79 STAT.
926; 84 STAT. 1298. 40 U.S.C. 299A.//
SEC. 111. (A) SECTION 1001 (C) IS AMENDED (1) BY STRIKING OUT "AND"
AFTER "1972;", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$111,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //84 STAT.
1506; 86 STAT. 754. 42 U.S.C. 300.//
(B) SECTION 1003 (B) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972;", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: "; AND
$3,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //42 U.S.C. 300A
- 1.//
(C) SECTION 1004 (B) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972;", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: "; AND
$2,615,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //42 U.S.C. 300A
- 2.//
(D) SECTION 1005 (B) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972;", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: "; AND
$909,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //42 U.S.C. 300A -
SEC. 201. WHENEVER IN THIS TITLE AN AMENDMENT IS EXPRESSED IN TERMS
OF AN AMENDMENT TO A SECTION OR OTHER PROVISION, THE REFERENCE SHALL BE
CONSIDERED TO BE MADE TO A SECTION OR OTHER PROVISION OF THE COMMUNITY
MENTAL HEALTH CENTERS ACT. //77 STAT. 282. 42 U.S.C. 2681 NOTE.//
SEC. 202. (A) SECTION 201 (A) IS AMENDED (1) BY STRIKING OUT "AND"
AFTER "1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLWOING: ", AND
$20,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //84 STAT. 54.
42 U.S.C. 2681.//
(B) SECTION 207 IS AMENDED BY STRIKING OUT "1973" AND INSERTING IN
LIEU THEREOF "1974". //42 U.S.C. 2687.//
SEC. 203. (A) SECTION 221 (B) IS AMENDED BY STRIKING OUT "1973" EACH
PLACE IT OCCURS AND INSERTING IN LIEU THEREOF "1974". //79 STAT. 428;
84 STAT. 57. 42 U.S.C. 2688A.//
(B) SECTION 224 (A) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972,", (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$49,131,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974", AND (3) BY
STRIKING OUT "THIRTEEN SUCCEEDING YEARS" AND INSERTING IN LIEU THEREOF
"FOURTEEN SUCCEEDING YEARS". //42 U.S.C. 2688D.//
SEC. 204. (A) SECTION 246 IS AMENDED BY STRIKING OUT "1973" AND
INSERTING IN LIEU THEREOF "1974". //84 STAT. 59. 42 U.S.C. 2688J - 1.//
(B) SECTION 247 (D) IS AMENDED BY STRIKING OUT "FOR THE FISCAL YEAR
ENDING JUNE 30, 1973" AND INSERTING IN LIEU THEREOF "FOR EACH OF THE
FISCAL YEARS ENDING JUNE 30, 1973, AND JUNE 30, 1974". //84 STAT.
1581. 42 U.S.C. 2688J - 2.//
SEC. 205. (A) SECTION 252 IS AMENDED BY STRIKING OUT "1973" AND
INSERTING IN LIEU THEREOF "1974". //82 STAT. 1010; 84 STAT. 59. 42 U.
S.C. 2688L.//
(B) SECTION 253 (D) IS AMENDED (1) BY STRIKING OUT "AND" AFTER
"1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$1,700,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //84 STAT. 1238.
42 U.S.C. 2688L - 1.//
(C) SECTION 256 (E) IS AMENDED BY STRIKING OUT "$75,000,000" AND
INSERTING IN LIEU THEREOF "$60,000,000". //86 STAT. 76. 42 U.S.C.
2688N - 1.//
SEC. 206. (A) SECTION 261 (A) IS AMENDED (1) BY STRIKING OUT "AND"
AFTER "1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: ", AND
$36,774,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //42 U.S.C.
2688O.//
(B) SECTION 261 (B) IS AMENDED (1) BY STRIKING OUT "NINE FISCAL
YEARS" AND INSERTING IN LIEU THEREOF "TEN FISCAL YEARS", AND (2) BY
STRIKING OUT "1973" AND INSERTING IN LIEU THEREOF "1974". //84 STAT.
58.//
SEC. 207. (A) SECTION 271 (D) (1) IS AMENDED (1) BY STRIKING OUT
"AND" AFTER "1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING:
", AND $16,515,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //84
STAT. 60. 42 U.S.C. 2688U.//
(B) SECTION 271 (D) (2) IS AMENDED (A) BY STRIKING OUT "EIGHT FISCAL
YEARS" AND INSERTING IN LIEU THEREOF "NINE FISCAL YEARS", AND (B) BY
STRIKING OUT "1973" AND INSERTING IN LIEU THEREOF "1974". //84 STAT.
60. 42 U.S.C. 2688U.//
SEC. 301. (A) SECTION 122 (B) OF THE DEVELOPMENTAL DISABILITIES
SERVICES AND FACILITIES CONSTRUCTION ACT IS AMENDED (1) BY STRIKING OUT
"AND" AFTER "1972;", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING:
"; AND $9,250,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974". //84
STAT. 1326. 42 U.S.C. 2661A.//
(B) SECTION 131 OF SUCH ACT IS AMENDED (1) BY STRIKING OUT "AND"
AFTER "1972,", AND (2) BY INSERTING AFTER "1973" THE FOLLOWING: "; AND
(C) SECTION 137 (B) (1) IS AMENDED BY STRIKING OUT "THE FISCAL YEAR
ENDING JUNE 30, 1973" AND INSERTING IN LIEU THEREOF "EACH OF THE FISCAL
YEARS ENDING JUNE 30, 1973, AND JUNE 30, 1974". //84 STAT. 1323. 42 U.
S.C. 2677.//
SEC. 401. (A) SECTION 601 OF THE MEDICAL FACILITIES CONSTRUCTION AND
MODERNIZATION AMENDMENTS OF 1970 IS AMENDED BY STRIKING OUT "1973" AND
INSERTING IN LIEU THEREOF "1974". //84 STAT. 353. 42 U.S.C. 201 NOTE.//
(B) THE RECEIPT OF ANY GRANT, CONTRACT, LOAN, OR LOAN GUARANTEE UNDER
THE PUBLIC HEALTH SERVICE ACT, THE COMMUNITY MENTAL HEALTH CENTERS ACT,
OR THE DEVELOPMENTAL DISABILITIES SERVICES AND FACILITIES CONSTRUCTION
ACT BY ANY INDIVIDUAL OR ENTITY DOES NOT AUTHORIZE ANY COURT OR ANY
PUBLIC OFFICIAL OR OTHER PUBLIC AUTHORITY TO REQUIRE -- //58 STAT. 682.
42 U.S.C. 201 NOTE.//
(1) SUCH INDIVIDUAL TO PERFORM OR ASSIST IN THE PERFORMANCE OF
ANY STERILIZATION PROCEDURE OR ABORTION IF HIS PERFORMANCE OR
ASSISTANCE IN THE PERFORMANCE OF SUCH PROCEDURE OR ABORTION WOULD
BE CONTRARY TO HIS RELIGIOUS BELIEFS OR MORAL CONVICTIONS; OR
//77 STAT. 290. 42 U.S.C. 2681 NOTE.//
(2) SUCH ENTITY TO --
(A) MAKE ITS FACILITIES AVAILABLE FOR THE PERFORMANCE OF ANY
STERILIZATION PROCEDURE OR ABORTION IF THE PERFORMANCE OF SUCH
PROCEDURE OR ABORTION IN SUCH FACILITIES IS PROHIBITED BY THE
ENTITY ON THE BASIS OF RELIGIOUS BELIEFS OR MORAL CONVICTIONS, OR
(B) PROVIDE ANY PERSONNEL FOR THE PERFORMANCE OR ASSISTANCE IN
THE PERFORMANCE OF ANY STERILIZATION PROCEDURE OR ABORTION IF THE
PERFORMANCE OR ASSISTANCE IN THE PERFORMANCE OF SUCH PROCEDURE OR
ABORTION BY SUCH PERSONNEL WOULD BE CONTRARY TO THE RELIGIOUS
BELIEFS OR MORAL CONVICTIONS OF SUCH PERSONNEL.
(C) NO ENTITY WHICH RECEIVES A GRANT, CONTRACT, LOAN, OR LOAN
GUARANTEE UNDER THE PUBLIC HEALTH SERVICE ACT, THE COMMUNITY MENTAL
HEALTH CENTERS ACT, OR THE DEVELOPMENTAL DISABILITIES SERVICES AND
FACILITIES CONSTRUCTION ACT AFTER THE DATE OF ENACTMENT OF THIS ACT MAY
--
(1) DISCRIMINATE IN THE EMPLOYMENT, PROMOTION, OR TERMINATION
OF EMPLOYMENT OF ANY PHYSICIAN OF OTHER HEALTH CARE PERSONNEL, OR
(2) DISCRIMINATE IN THE EXTENSION OF STAFF OR OTHER PRIVILEGES
TO ANY PHYSICIAN OR OTHER HEALTH CARE PERSONNEL,
BECAUSE HE PERFORMED OR ASSISTED IN THE PERFORMANCE OF A LAWFUL
STERILIZATION PROCEDURE OR ABORTION, BECAUSE HE REFUSED TO PERFORM OR
ASSIST IN THE PERFORMANCE OF SUCH A PROCEDURE OR ABORTION ON THE GROUNDS
THAT HIS PERFORMANCE OR ASSISTANCE IN THE PERFORMANCE OF THE PROCEDURE
OR ABORTION WOULD BE CONTRARY TO HIS RELIGIOUS BELIEFS OR MORAL
CONVICTIONS, OR BECAUSE OF HIS RELIGIOUS BELIEFS OR MORAL CONVICTIONS
RESPECTING STERILIZATION PROCEDURES OR ABORTIONS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 227 ACCOMPANYING H. R. 7806 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE).
SENATE REPORT NO. 93 - 87 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 13, 27, CONSIDERED AND PASSED SENATE. MAY 31, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU
OF H. R. 7806. JUNE 5, SENATE CONCURRED IN HOUSE AMENDMENTS.
a ( & ! & h w x y [ ( & ! &
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PUBLIC LAW 93-44, 87 STAT. 88, AIRPORT DEVELOPMENT ACCELERATION ACT
OF 1973.
TO AMEND THE AIRPORT AND AIRWAY DEVELOPMENT ACT OF 1970, AS
AMENDED, TO INCREASE THE UNITED STATES SHARE OF ALLOWABLE PROJECT
COSTS UNDER SUCH ACT, TO AMEND THE FEDERAL AVIATION ACT OF 1958,
AS AMENDED, TO PROHIBIT CERTAIN STATE TAXATION OF PERSONS IN AIR
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 "AIRPORT DEVELOPMENT ACCELERATION ACT OF 1973". //84 STAT.
220.//
SEC. 2. SECTION 11 (2) OF THE AIRPORT AND AIRWAY DEVELOPMENT ACT OF
1970 (49 U.S.C. 1711) IS AMENDED BY INSERTING IMMEDIATELY AFTER "FEDERAL
AVIATION ACT OF 1958," THE FOLLOWING: "AND SECURITY EQUIPMENT REQUIRED
OF THE SPONSOR BY THE SECRETARY BY RULE OR REGULATION FOR THE SAFETY AND
SECURITY OF PERSONS AND PROPERTY ON THE AIRPORT,". //87 STAT. 89??
SEC. 3. (A) SECTION 14 (A) OF THE AIRPORT AND AIRWAY DEVELOPMENT ACT
OF 1970 (49 U.S.C. 1714 (A)), IS AMENDED --
(1) BY STRIKING OUT "1975" IN PARAGRAPH (1) AND INSERTING IN
LIEU THEREOF "1973, AND $275,000,000 FOR EACH OF THE FISCAL YEARS
1974 AND 1975"; AND
(2) BY STRIKING OUT "1975" IN PARAGRAPH (2) AND INSERTING IN
LIEU THEREOF "1973, AND $35,000,000 FOR EACH OF THE FISCAL YEARS
1974 AND 1975".
(B) SECTION 14 (B) OF THE AIRPORT AND AIRWAY DEVELOPMENT ACT OF 1970
(49 U.S.C. 1714 (B)) IS AMENDED --
(1) BY STRIKING OUT "$840,000,000" IN THE FIRST SENTENCE
THEREOF AND INSERTING IN LIEU THEREOF "$1,460,000,000";
(2) BY STRIKING OUT "EXTEND BEYOND" IN THE SECOND SENTENCE
THEREOF AND INSERTING IN LIEU THEREOF "BE INCURRED AFTER"; AND
(3) BY STIRKING OUT "AND" IN THE LAST SENTENCE THEREOF AND
INSERTING IMMEDIATELY BEFORE THE PERIOD ", AN AGGREGATE AMOUNT
EXCEEDING $1,150,000,000 PRIOR TO JUNE 30, 1974, AN AN AGGREGATE
AMOUNT EXCEEDING $1,460,000,000 PRIOR TO JUNE 30, 1975".
SEC. 4. SECTION 16 (C) (1) OF THE AIRPORT AND AIRWAY DEVELOPMENT ACT
OF 1970 (49 U.S.C. 1716 (C)) IS AMENDED BY INSERTING IN THE LAST
SENTENCE THEREOF "OR THE UNITED STATES OR AN AGENCY THEREOF" AFTER
"PUBLIC AGENCY".
SEC. 5. SECTION 17 OF THE AIRPORT AND AIRWAY DEVELOPMENT ACT OF 1970
(49 U.S.C. 1717) RELATING TO UNITED STATES SHARE OF PROJECT COSTS, IS
AMENDED --
(1) BY STIRKING OUT SUBSECTION (A) OF SUCH SECTION AND
INSERTING IN LIEU THEREOF THE FOLLOWING:
"(A) GENERAL PROVISION. -- EXCEPT AS OTHERWISE PROVIDED IN THIS
SECTION, THE UNITED STATES SHARE OF ALLOWABLE PROJECT COSTS PAYABLE ON
ACCOUNT OF ANY APPROVED AIRPORT DEVELOPMENT PROJECT SUBMITTED UNDER
SECTION 16 OF THIS PART MAY NOT EXCEED --
"(1) 50 PERCENTUM FOR SPONSORS WHOSE AIRPORTS ENPLANE NOT LESS
THAN 1 PER CENTUM OF THE TOTAL ANNUAL PASSENGERS ENPLANED BY AIR
CARRIERS CERTIFICATED BY THE CIVIL AERONAUTICS BOARD; AND
"(2) 75 PER CENTUM FOR SPONSORS WHOSE AIRPORTS ENPLANE LESS
THAN 1 PER CENTUM OF THE TOTAL ANNUAL PASSENGERS ENPLANED BY AIR
CARRIERS CERTIFICATED BY THE CIVIL AERONAUTICS BOARD AND FOR
SPONSORS OF GENERAL AVAIATION OR RELIEVER AIRPORTS."; AND
(2) BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(E) SAFETY CERTIFICATION AND SECURITY EQUIPMENT. --
"(1) TO THE EXTENT THAT THE PROJECT COST OF AN APPROVED PROJECT
FOR AIRPORT DEVELOPMENT REPRESENTS THE COST OF SAFETY EQUIPMENT
REQUIRED BY RULE OR REGULATION FOR CERTIFICATION OF AN AIRPORT
UNDER SECTION 612 OF THE FEDERAL AVIATION ACT OF 1958 THE UNITED
STATES SHARE MAY NOT EXCEED 82 PER CENTUM OF THE ALLOWABLE COST
THEREOF WITH RESPECT TO AIRPORT DEVELOPMENT PROJECT GRANT
AGREEMENTS ENTERED INTO AFTER MAY 10, 1971. //84 STAT. 234; 85
STAT. 492. 49 U.S.C. 1432.//
"(2) TO THE EXTENT THAT THE PROJECT COST OF AN APPROVED PROJECT
FOR AIRPORT DEVELOPMENT REPRESENTS THE COST OF SECURITY EQUIPMENT
REQUIRED BY THE SECRETARY BY RULE OR REGULATION, THE UNITED STATES
SHARE MAY NOT EXCEED 82 PER CENTUM OF THE ALLOWABLE COST THEREOF
WITH RESPECT TO AIRPORT DEVELOPMENT PROJECT GRANT AGREEMENTS
ENTERED INTO AFTER SEPTEMBER 28, 1971.". //87 STAT. 89; 87
STAT. 90.//
SEC. 6. THE FIRST SENTENCE OF SECTION 12 (A) OF THE AIRPORT AND
AIRWAY DEVELOPMENT ACT OF 1970 (49 U.S.C. 1712 (A)) IS AMENDED BY
STRIKING OUT "TWO YEARS" AND INSERTING IN LIEU THEREOF "THREE YEARS".
//84 STAT. 221.//
SEC. 7. (A) TITLE XI OF THE FEDERAL AVIATION ACT OF 1958 IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION: //72 STAT.
797; 84 STAT. 1502. 49 U.S.C. 1501.//
"SEC. 1113. (A) NO STATE (OR POLITICAL SUBDIVISION THEREOF,
INCLUDING THE COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, THE
DISTRICT OF COLUMBIA, THE TERRITORIES OF POSSESSIONS OF THE UNITED
STATES OR POLITICAL AGENCIES OF TWO OR MORE STATES) SHALL LEVY OR
COLLECT A TAX, FEE, HEAD, CHARGE, OR OTHER CHARGE, DIRECTLY OR
INDIRECTLY, ON PERSONS TRAVELING IN AIR COMMERCE OR ON THE CARRIAGE OF
PERSONS TRAVELING IN AIR COMMERCE OR ON THE SALE OF AIR TRANSPORTATION
OR ON THE GROSS RECEIPTS DERIVED THEREFROM; EXCEPT THAT ANY STATE (OR
POLITICAL SUBDIVISION THEREOF, INCLUDING THE COMMONWEALTH OR PUERTO
RICO, THE VIRGIN ISLANDS, GUAM, THE DISTRICT OF COLUMBIA, THE
TERRITORIES OR POSSESSIONS OF THE UNITED STATES OR POLITICAL AGENCIES OF
TWO OR MORE STATES) WHICH LEVIED A TAX, FEE, HEAD CHARGE, OR OTHER
CAHRGE, DIRECTLY OR INDIRECTLY, ON PERSONS TRAVELING IN AIR COMMERCE OR
ON THE CARRIAGE OF PERSONS TRAVELING IN AIR COMMERCE OR ON THE SALE OF
AIR TRANSPORTATION OR ON THE GROSS RECEIPTS DERIVED THEREFROM PRIOR TO
MAY 21, 1970, SHALL BE EXEMPT FROM THE PROVISIONS OF THIS SUBSECTION
UNTIL DECEMBER 31, 1973.
"(B) NOTHING IN THIS SECTION SHALL PROHIBIT A STATE (OR POLITICAL
SUBDIVISION THEREOF, INCLUDING THE COMMONWEALTH OF PUERTO RICO, THE
VIRGIN ISLANDS, GUAM, THE DISTRICT OF COLUMBIA, THE TERRITORIES OR
POSSESSIONS OF THE UNITED STATES OR POLITICAL AGENCIES OF TWO OR MORE
STATES) FROM THE LEVY OR COLLECTION OF TAXES OTHER THAN THOSE ENUMERATED
IN SUBSECTION (A) OF THIS SECTION, INCLUDING PROPERTY TAXES, NET INCOME
TAXES, FRANCHISE TAXES, AND SALES OR USE TAXES ON THE SALE OF GOODS OR
SERVICES; AND NOTHING IN THIS SECTION SHALL PROHIBIT A STATE (OR
POLITICAL SUBDIVISION THEREOF, INCLUDING THE COMMONWEALTH OF PUERTO
RICO, THE VIRGIN ISLANDS, GUAM, THE DISTRICT OF COLUMBIA, THE
TERRITORIES OR POSSESSIONS OF THE UNITED STATES OR POLITICAL AGENCIES OF
TWO OR MORE STATES) OWNING OR OPERATING AN AIRPORT FROM LEVYING OR
COLLECTING REASONABLE RENTAL CHARGES, LANDING FEES, AND OTHER SERVICE
CHARGES FROM AIRCRAFT OPERATORS FOR THE USE OF AIRPORT FACILITIES.
"(C) IN THE CASE OF ANY AIRPORT OPERATING AUTHORITY WHICH --
"(1) HAS AN OUTSTANDING OBLIGATION TO REPAY A LOAN OR LOANS OF
AMOUNTS BORROWED AND EXPENDED FOR AIRPORT IMPROVEMENTS;
"(2) IS COLLECTING WITHOUT AIR CARRIER ASSISTANCE, A HEAD TAX
ON PASSENGERS IN AIR TRANSPORTATION FOR THE USE OF ITS FACILITIES;
AND
"(3) HAS NO AUTHORITY TO COLLECT ANY OTHER TYPE OF TAX TO REPAY
SUCH LOAN OR LOANS,
THE PROVISIONS OF SUBSECTION (A) SHALL NOT APPLY TO SUCH AUTHORITY
UNTIL DECEMBER 31, 1973.".
(B) THAT PORTION OF THE TABLE OF CONTENTS CONATINED IN THE FIRST
SECTION OF SUCH ACT WHICH APPEARS UNDER THE CENTER HEADING
IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING:
"SEC. 1113. STATE TAXATION OF AIR COMMERCE.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 157 ACCOMPANYING H. R. 6388 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE) AND NO. 93 - 225 (COMM. OF
CONFERENCE).
SENATE REPORT NO. 93 - 12 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 5, CONSIDERED AND PASSED SENATE. MAY 2, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF
H. R. 6388. MAY 30, HOUSE AGREED TO CONFERENCE REPORT. JUNE
5, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-43, 87 STAT. 75, NATIONAL CEMETARIES ACT OF 1973.
TO AMEND TITLE 38 OF THE UNITED STATES CODE IN ORDER TO
ESTABLISH A NATIONAL CEMETERY SYSTEM WITHIN THE VETERANS'
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 THIS ACT MAY BE
CITED AS THE "NATIONAL CEMETERIES ACT OF 1973".
SEC. 2. (A) PART II OF TITLE 38, UNITED STATES CODE, IS AMENDED 0Y
ADDING AT THE END THEREOF THE FOLLOWING NEW CHAPTER: //72 STAT. 1117.
38 U.S.C. 301.//
"CHAPTER 24 -- NATIONAL CEMETERIES AND MEMORIALS
"^ 1000. ESTABLISHMENT OF NATIONAL CEMETERY SYSTEM;
COMPOSITION OF SUCH SYSTEM; APPOINTMENT OF DIRECTOR
"(A) THERE SHALL BE WITHIN THE VETERANS' ADMINISTRATION A NATIONAL
CEMETERY SYSTEM FOR THE INTERMENT OF DECEASED SERVICEMEN AND VETERANS.
TO ASSIST HIM IN CARRYING OUT HIS RESPONSIBILITIES IN ADMINISTERING THE
CEMETERIES WITHIN THE SYSTEM, THE ADMINISTRATOR MAY APPOINT A DIRECTOR,
NATIONAL CEMETERY SYSTEM, WHO SHALL PERFORM SUCH FUNCTIONS AS MAY BE
ASSIGNED BY THE ADMINISTRATOR.
"(B) THE NATIONAL CEMETERY SYSTEM SHALL CONSIST OF --
"(1) NATIONAL CEMETERIES TRANSFERRED FROM THE DEPARTMENT OF THE
ARMY TO THE VETERANS' ADMINISTRATION BY THE NATIONAL CEMETERIES
ACT OF 1973;
"(2) CEMETERIES UNDER THE JURISDICTION OF THE VETERANS'
ADMINISTRATION ON THE DATE OF ENACTMENT OF THIS CHAPTER; AND
"(3) ANY OTHER CEMETERY, MEMORIAL, OR MONUMENT TRANSFERRED TO
THE VETERANS ADMINISTRATION BY THE NATIONAL CEMETERIES ACT OF
1973, OR LATER ACQUIRED OR DEVELOPED BY THE ADMINISTRATOR.
'^ 1001. ADVISORY COMMITTEE ON CEMETERIES AND MEMORIALS
"THERE SHALL BE APPOINTED BY THE ADMINISTRATOR AN ADVISORY COMMITTEE
ON CEMETERIES AND MEMORIALS. THE ADMINISTRATOR SHALL ADVISE AND CONSULT
WITH THE COMMITTEE FROM TIME TO TIME WITH RESPECT TO THE ADMINISTRATION
OF THE CEMETERIES FOR WHICH HE IS RESPONSIBLE, AND WITH RESPECT TO THE
SELECTION OF CEMETERY SITES, THE ERECTION OF APPROPRIATE MEMORIALS, AND
THE ADEQUACY OF FEDERAL BURIAL BENEFITS. THE COMMITTEE SHALL MAKE
PERIODIC REPORTS AND RECOMMENDATIONS TO THE ADMINISTRATOR AND TO
CONGRESS.
'^ 1002. PERSONS ELIGIBLE FOR INTERMENT IN NATIONAL CEMETERIES
"UNDER SUCH REGULATIONS AS THE ADMINISTRATOR MAY PRESCRIBE AND
SUBJECT TO THE PROVISIONS OF SECTION 3505 OF THIS TITLE, THE REMAINS OF
THE FOLLOWING PERSONS MAY BE BURIED IN ANY OPEN NATIONAL CEMETERY IN THE
NATIONAL CEMETERY SYSTEM: //73 STAT. 453; 85 STAT. 348. 38 U.S.C.
3505.//
"(1) ANY VETERAN (WHICH FOR THE PURPOSES OF THIS CHAPTER
INCLUDES A PERSON WHO DIED IN THE ACTIVE MILITARY NAVAL, OR AIR
SERVICE).
"(2) ANY MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES, AND
ANY MEMBER OF THE ARMY NATIONAL GUARD OR THE AIR NATIONAL GUARD,
WHOSE DEATH OCCURS UNDER HONORABLE CONDITIONS WHILE HE IS
HOSPITALIZED OR UNDERGOING TREATMENT AT THE EXPENSE OF THEUNITED
STATES, FOR INJURY OR DISEASE CONTRACTED OR INCURRED UNDER
HONORABLE CONDITIONS WHILE HE IS PERFORMING ACTIVE DUTY FOR
TRAINING, INACTIVE DUTY TRAINING, OR UNDERGOING THAT
HOSPITALIZATION OR TREATMENT AT THE EXPENSE OF THE UNITED STATES.
"(3) ANY MEMBER OF THE RESERVE OFFICERS' TRAINING CORPS OF THE
ARMY, NAVY, OR AIR FORCE WHOSE DEATH OCCURS UNDER HONORABLE
CONDITIONS WHILE HE IS --
"(A) ATTENDING AN AUTHORIZED TRAINING CAMP OR ON AN AUTHORIZED
PRACTICE CRUISE;
"(B) PERFORMING AUTHORIZED TRAVEL TO OR FROM THAT CAMP OR
CRUISE; OR
"(C) HOSPITALIZED OR UNDERGOING TREATMENT, AT THE EXPENSE OF
THE UNITED STATES, FOR INJURY OR DISEASE CONTRACTED OR INCURRED
UNDER HONORABLE CONDITIONS WHILE HE IS --
"(I) ATTENDING THAT CAMP OR ON THAT CRUISE;
"(II) PERFORMING THAT TRAVEL; OR
"(III) UNDERGOING THAT HOSPITALIZATION OR TREATMENT AT THE
EXPENSE OF THE UNITED STATES.
"(4) ANY CITIZEN OF THE UNITED STATES WHO, DURING ANY WAR IN
WHICH THE UNITED STATES IS OR HAS BEEN ENGAGED, SERVED IN THE
ARMED FORCES OF ANY GOVERNMENT ALLIED WITH THE UNITED STATES
DURING THAT WAR, AND WHOSE LAST SUCH SERVICE TERMINATED HONORABLY.
"(5) THE WIFE, HUSBAND, SURVIVING SPOUSE, MINOR CHILD, AND, IN
THE DISCRETION OF THE ADMINISTRATOR, UNMARRIED ADULT CHILD OF ANY
OF THE PERSONS LISTED IN PARAGRAPHS (1) THROUGH (4).
"(6) SUCH OTHER PERSONS OR CLASSES OF PERSONS AS MAY BE
DESIGNATED BY THE ADMINISTRATOR.
"^ 1003. MEMORIAL AREAS
"(A) THE ADMINISTRATOR SHALL SET ASIDE, WHEN AVAILABLE, SUITABLE
AREAS IN NATIONAL CEMETERIES TO HONOR THE MEMORY OF MEMBERS OF THE ARMED
FORCES MISSING IN ACTION, OR WHO DIED OR WERE KILLED WHILE SERVING IN
SUCH FORCES AND WHOSE REMAINS HAVE NOT BEEN IDENTIFIED, HAVE BEEN BURIED
AT SEA OR HAVE BEEN DETERMINED TO BE NONRECOVERABLE.
"(B) UNDER REGULATIONS PRESCRIBED BY THE ADMINISTRATOR, APPROPRIATE
MEMORIALS OR MARKERS SHALL BE ERECTED TO HONOR THE MEMORY OF THOSE
INDIVIDUALS, OR GROUP OF INDIVIDUALS, REFERRED TO IN SUBSECTION (A) OF
THIS SECTION.
"(C) ALL NATIONAL AND OTHER VETERANS' CEMETERIES IN THE NATIONAL
CEMETERY SYSTEM CREATED BY THIS ACT SHALL BE CONSIDERED NATIONAL SHRINES
AS A TRIBUTE TO OUR GALLANT DEAD AND, NOTWITHSTANDING THE PROVISIONS OF
ANY OTHER LAW, THE ADMINISTRATOR IS HEREBY AUTHORIZED TO PERMIT
APPROPRIATE OFFICIALS TO FLY THE FLAG OF THE UNITED STATES OF AMERICA AT
SUCH CEMETERIES TWENTY-FOUR HOURS EACH DAY.
"^ 1004. ADMINISTRATION
"(A) THE ADMINISTRATOR IS AUTHORIZED TO MAKE ALL RULES AND
REGULATIONS WHICH ARE NECESSARY OR APPROPRIATE TO CARRY OUT THE
PROVISIONS OF THIS CHAPTER, AND MAY DESIGNATE THOSE CEMETERIES WHICH ARE
CONSIDERED TO BE NATIONAL CEMETERIES.
"(B) IN CONJUNCTION WITH THE DEVELOPMENT AND ADMINISTRATION OF
CEMETERIES FOR WHICH HE IS RESPONSIBLE, THE ADMINISTRATOR SHALL PROVIDE
ALL NECESSARY FACILITIES INCLUDING, AS NECESSARY, SUPERINTENDENTS'
LODGES, CHAPELS, CRYPTS, MAUSOLEUMS, AND COLUMBARIA.
"(C) EACH GRAVE IN A NATIONAL CEMETERY SHALL BE MARKED WITH AN
APPROPRIATE MARKER. SUCH MARKER SHALL BEAR THE NAME OF THE PERSON
BURIED, THE NUMBER OF THE GRAVE, AND SUCH OTHER INFORMATION AS THE
ADMINISTRATOR SHALL BY REGULATION PRESCRIBE.
"(D) THERE SHALL BE KEPT IN EACH NATIONAL CEMETERY, AND AT THE MAIN
OFFICE OF THE VETERANS' ADMINISTRATION, A REGISTER OF BURIALS IN EACH
CEMETERY SETTING FORTH THE NAME OF EACH PERSON BURIED IN THE CEMETERY,
THE NUMBER OF THE GRAVE IN WHICH HE IS BURIED, AND SUCH OTHER
INFORMATION AS THE ADMINISTRATOR BY REGULATION MAY PRESCRIBE.
"(E) IN CARRYING OUT HIS RESPONSIBILITIES UNDER THIS CHAPTER, THE
ADMINISTRATOR MAY CONTRACT WITH RESPONSIBLE PERSONS, FIRMS, OR
CORPORATIONS FOR THE CARE AND MAINTENANCE OF SUCH CEMETERIES UNDER HIS
JURISDICTION AS HE SHALL CHOOSE, UNDER SUCH TERMS AND CONDITIONS AS HE
MAY PRESCRIBE.
"(F) THE ADMINISTRATOR IS AUTHORIZED TO CONVEY TO ANY STATE, OR
POLITICAL SUBDIVISION THEREOF, IN WHICH ANY NATIONAL CEMETERY IS
LOCATED, ALL RIGHT, TITLE, AND INTEREST OF THE UNITED STATES IN AND TO
ANY GOVERNMENT OWNED OR CONTROLLED APPROACH ROAD TO SUCH CEMETERY IF,
PRIOR TO THE DELIVERY OF ANY INSTRUMENT OF CONVEYANCE, THE STATE OR
POLITICAL SUBDIVISION TO WHICH SUCH CONVEYANCE IS TO BE MADE NOTIFIES
THE ADMINISTRATOR IN WRITING OF ITS WILLINGNESS TO ACCEPT AND MAINTAIN
THE ROAD INCLUDED IN SUCH CONVEYANCE. UPON THE EXECUTION AND DELIVERY
OF SUCH A CONVEYANCE, THE JURISDICTION OF THE UNITED STATES OVER THE
ROAD CONVEYED SHALL CEASE AND THEREAFTER VEST IN THE STATE OR POLITICAL
SUBDIVISION CONCERNED.
"(G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ADMINISTRATOR
MAY AT SUCH TIME AS HE DEEMS DESIRABLE, RELINQUISH TO THE STATE IN WHICH
ANY CEMETERY, MONUMENT, OR MEMORIAL UNDER HIS JURISDICTION IS LOCATED,
SUCH PORTION OF LEGISLATIVE JURISDICTION OVER THE LANDS INVOLVED AS IS
NECESSARY TO ESTABLISH CONCURRENT JURISDICTION BETWEEN THE FEDERAL
GOVERNMENT AND THE STATE CONCERNED. SUCH PARTIAL RELINQUISHMENT OF
JURISDICTION UNDER THE AUTHORITY OF THIS SUBSECTION MAY BE MADE BY
FILING WITH THE GOVERNOR OF THE STATE INVOLVED A NOTICE OF SUCH
RELINQUISHMENT AND SHALL TAKE EFFECT UPON ACCEPTANCE THEREOF BY THE
STATE IN SUCH MANNER AS ITS LAWS MAY PRESCRIBE.
"^ 1005. DISPOSITION OF INACTIVE CEMETERIES
"(A) THE ADMINISTRATOR MAY TRANSFER, WITH THE CONSENT OF THE AGENCY
CONCERNED, ANY INACTIVE CEMETERY, BURIAL PLOT, MEMORIAL, OR MONUMENT
WITHIN HIS CONTROL TO THE DEPARTMENT OF THE INTERIOR FOR MAINTENANCE AS
A NATIONAL MONUMENT OR PARK, OR TO ANY OTHER AGENCY OF THE GOVERNMENT.
ANY CEMETERY TRANSFERRED TO THE DEPARTMENT OF THE INTERIOR SHALL BE
ADMINISTERED BY THE SECRETARY OF THE INTERIOR AS A PART OF THE NATIONAL
PARK SYSTEM, AND FUNDS APPROPRIATED TO THE SECRETARY FOR SUCH SYSTEM
SHALL BE AVAILABLE FOR THE MANAGEMENT AND OPERATION OF SUCH CEMETERY.
"(B) THE ADMINISTRATOR MAY ALSO TRANSFER AND CONVEY ALL RIGHT, TITLE,
AND INTEREST OF THE UNITED STATES IN OR TO ANY INACTIVE CEMETERY OR
BURIAL PLOT, OR PORTION THEREON, TO ANY STATE, COUNTY, MUNICIPALITY, OR
PROPER AGENCY THEREOF, IN WHICH OR IN THE VICINITY OF WHICH SUCH
CEMETERY OR BURIAL PLOT IS LOCATED, BUT IN THE EVENT THE GRANTEE SHALL
CEASE OR FAIL TO CARE FOR AND MAINTAIN THE CEMETERY OR BURIAL PLOT, OR
THE GRAVES AND MONUMENTS CONTAINED THEREIN IN A MANNER SATISFACTORY TO
THE ADMINISTRATOR, ALL SUCH RIGHT, TITLE, AND INTEREST TRANSFERRED OR
CONVEYED BY THE UNITED STATES, SHALL REVERT TO THE UNITED STATES.
"(C) IF A CEMETERY NOT WITHIN THE NATIONAL CEMETERY SYSTEM HAS BEEN
OR IS TO BE DISCONTINUED, THE ADMINISTRATOR MAY PROVIDE FOR THE REMOVAL
OF REMAINS FROM THAT CEMETERY TO ANY CEMETERY WITHIN SUCH SYSTEM. HE
MAY ALSO PROVIDE FOR THE REMOVAL OF THE REMAINS OF ANY VETERAN FROM A
PLACE OF TEMPORARY INTERMENT, OR FROM AN ABANDONED GRAVE OR CEMETERY, TO
A NATIONAL CEMETERY.
"P 1006. ACQUISITION OF LANDS
"AS ADDITIONAL LANDS ARE NEEDED FOR NATIONAL CEMETERIES, THEY MAY BE
ACQUIRED BY THE ADMINISTRATOR BY PURCHASE, GIFT (INCLUDING DONATIONS
FROM STATES OR POLITICAL SUBDIVISIONS THEREOF), CONDEMNATION TRANSFER
FROM OTHER FEDERAL AGENCIES, OR OTHERWISE, AS HE DETERMINES TO BE IN THE
BEST INTEREST OF THE UNITED STATES.
"^1007. AUTHORITY TO ACCEPT AND MAINTAIN SUITABLE MEMORIALS
"SUBJECT TO SUCH RESTRICTIONS AS HE MAY PRESCRIBE, THE ADMINISTRATOR
MAY ACCEPT GIFTS, DEVISES, OR BEQUESTS FROM LEGITIMATE SOCIETIES AND
ORGANIZATIONS OR REPUTABLE INDIVIDUALS, MADE IN ANY MANNER, WHICH ARE
MADE FOR THE PURPOSE OF BEAUTIFYING NATIONAL CEMETERIES, OR ARE
DETERMINED TO BE BENEFICIAL TO SUCH CEMETERY. HE MAY MAKE LAND
AVAILABLE FOR THIS PURPOSE, AND MAY FURNISH SUCH CARE AND MAINTENANCE AS
HE DEEMS NECESSARY."
(B) THE TABLE OF CHAPTERS OF PART II AND THE TABLE OF PARTS AND
CHAPTERS OF TITLE 38, UNITED STATES CODE, ARE EACH AMENDED BY INSERTING
IMMEIDATELY BELOW
"23. BURIAL BENEFITS .....................................901"
THE FOLLOWING:
24. NATIONAL CEMETERIES AND MEMORIALS ..................1000".
(C) SECTION 5316 OF TITLE 5, UNITED STATES CODE, IS AMENDED BY
STRIKING OUT: //86 STAT. 110.//
"(131) GENERAL COUNSEL OF THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION."
AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"(132) GENERAL COUNSEL OF THE EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION.
"(133) DIRECTOR, NATIONAL CEMETERY SYSTEM, VETERANS'
ADMINISTRATION."
SEC. 3. (A) THE ADMINISTRATOR SHALL CONDUCT A COMPREHENSIVE STUDY
AND SUBMIT HIS RECOMMENDATIONS TO CONGRESS WITHIN TWELVE MONTHS AFTER
THE CONVENING OF THE FIRST SESSION OF THE NINETY-THIRD CONGRESS
CONCERNING:
(1) CRITERIA WHICH GOVERN THE DEVELOPMENT AND OPERATION OF THE
NATIONAL CEMETERY SYSTEM, INCLUDING THE CONCEPT OF REGIONAL
CEMETERIES;
(2) THE RELATIONSHIP OF THE NATIONAL CEMETERY SYSTEM TO OTHER
BURIAL BENEFITS PROVIDED BY FEDERAL AND STATE GOVERNMENTS TO
SERVICEMEN AND VETERANS;
(3) STEPS TO BE TAKEN TO CONFORM THE EXISTING SYSTEM TO THE
RECOMMENDED CRITERIA;
(4) THE PRIVATE BURIAL AND FUNERAL COSTS IN THE UNITED STATES;
(5) CURRENT HEADSTONE AND MARKER PROGRAMS; AND
(6) THE MARKETING AND SALES PRACTICES OF NON-FEDERAL CEMETERIES
AND INTERMENT FACILITIES, OR ANY PERSON EITHER ACTING ON THEIR
BEHALF OR SELLING OR ATTEMPTING TO SELL ANY RIGHTS, INTERESTS, OR
SERVICE THEREIN, WHICH IS DIRECTED SPECIFICALLY TOWARD VETERANS
AND THEIR DEPENDENTS.
(B) THE ADMINISTRATOR SHALL ALSO, IN CONJUNCTION WITH THE SECRETARY
OF DEFENSE, CONDUCT A COMPREHENSIVE STUDY OF AND SUBMIT THEIR JOINT
REOCMMENDATIONS TO CONGRESS WITHIN TWELVE MONTHS AFTER THE CONVENING OF
THE FIRST SESSION OF THE NINETY-THIRD CONGRESS CONCERNING:
(1) WHETHER IT WOULD BE ADVISABLE IN CARRYING OUT THE PURPOSES
OF THIS ACT TO INCLUDE THE ARLINGTON NATIONAL CEMETERY WITHIN THE
NATIONAL CEMETERY SYSTEM ESTABLISHED BY THIS ACT;
(2) THE APPROPRIATENESS OF MAINTAINING THE PRESENT ELIGIBILITY
REQUIRMENTS FOR BURIAL AT ARLINGTON NATIONAL CEMETERY; AND
(3) THE ADVISABILITY OF ESTABLISHING ANOTHER NATIONAL CEMETERY
IN OR NEAR THE DISTRICT OF COLUMBIA.
SEC. 4. (A) SUBCHAPTER II OF CHAPTER 3 OF TITLE 38, UNITED STATES
CODE, IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION:
//72 STAT. 1114. 38 U.S.C. 210.//
"^218. STANDARDS OF CONDUCT AND ARRESTS FOR CRIMES AT
HOSPITALS, DOMICILIARIES, CEMETERIES, AND OTHER VETERANS'
ADMINISTRATION RESERVATIONS
"(A) FOR THE PURPOSE OF MAINTAINING LAW AND ORDER AND OF PROTECTING
PERSONS AND PROPERTY ON LANDS (INCLUDING CEMETERIES) AND IN BUILDINGS
UNDER THE JURISDICTION OF THE VETERANS' ADMINISTRATION (AND NOT UNDER
THE CONTROL OF THE ADMINISTRATOR OF GENERAL SERVICES), THE ADMINISTRATOR
OR ANY OFFICER OR EMPLOYEE OF THE VETERANS' ADMINISTRATION DULY
AUTHORIZED BY HIM MAY --
"(1) MAKE ALL NEEDFUL RULES AND REGULATIONS FOR THE GOVERNING
OF THE PROPERTY UNDER HIS CHARGE AND CONTROL, AND ANNEX TO SUCH
RULES AND REGULATIONS SUCH REASONABLE PENALTIES WITHIN THE LIMITS
PRESCRIBED IN SUBSECTION (B) OF THIS SECTION AS WILL INSURE THEIR
ENFORCEMENT. SUCH RULES AND REGULATIONS SHALL BE POSTED IN A
CONSPICUOUS ON SUCH PROPERTY;
"(2) DESIGNATE OFFICERS AND EMPLOYEES OF THE VETERANS'
ADMINISTRATION TO ACT AS SPECIAL POLICEMENT ON SUCH PROPERTY AND,
IF THE ADMINISTRATOR DEEMS IT ECONOMICAL AND IN THE PUBLIC
INTEREST, WITH THE CONCURRENCE OF THE HEAD OF THE AGENCY
CONCERNED, UTILIZE THE FACILITIES AND SERVICES OF EXISTING FEDERAL
LAW-ENFORCEMENT AGENCIES, AND, WITH THE CONSENT OF ANY STATE OR
LOCAL AGENCY, UTILIZE THE FACILITIES AND SERVICES OF SUCH STATE OR
LOCAL LAW-ENFORCEMENT AGENCIES; AND
"(3) EMPOWER OFFICERS OR EMPLOYEES OF THE VETERANS'
ADMINISTRATION WHO HAVE BEEN DULY AUTHORIZED TO PERFORM
INVESTIGATIVE FUNCTIONS TO ACT AS SPECIAL INVESTIGATORS AND TO
CARRY FIREARMS, WHETHER ON FEDERAL PROPERTY OR IN TRAVEL STATUS.
SUCH SPECIAL INVESTIGATORS SHALL HAVE, WHILE ON REAL PROPERTY
UNDER THE CAHRGE AND CONTROL OF THE VETERANS' ADMINISTRATION, THE
POWER TO ENFORCE FEDERAL LAWS FOR THE PROTECTION OF PERSONS AND
PROPERTY AND THE POWER TO ENFORCE RULES AND REGULATIONS ISSUED
UNDER SUBSECTION (A) (1) OF THIS SECTION. ANY SUCH SPECIAL
INVESTIGATOR MAY MAKE AN ARREST WITH OR WITHOUT A WARRANT FOR ANY
OFFENSE COMMITTED UPON SUCH PROPERTY IN HIS PRESENCE OR IF HE HAS
REASONABLE GROUND TO BELIEVE (A) THE OFFENSE CONSTITUTES A FELONY
UNDER THE LAWS OF THE UNITED STATES, AND (B) THAT THE PERSON TO BE
ARRESTED IS GUILTY OF THAT OFFENSE.
"(B) WHOEVER SHALL VIOLATE ANY RULE OR REGULATION ISSUED PURSUANT TO
SUBSECTION (A)(1) OF THIS SECTION SHALL BE FINED NOT MORE THAN $50 OR
IMPRISONED NOT MORE THAN THIRTY DAYS, OR BOTH."
(B) SECTION 625 OF TITLE 38, UNITED STATES CODE, IS HEREBY REPEALED.
//72 STAT. 1144; 83 STAT. 34.//
(C) (1) THE TABLE OF SECTIONS AT THE BEGINNING OF CHAPTER 3 OF TITLE
38, UNITED STATES CODE, IS AMENDED BY INSERTING IMMEDIATELY AFTER --
"217. STUDIES OF REHABILITATION OF DISABLED PERSONS."
THE FOLLOWING:
"218. STANDARDS OF CONDUCT AND ARRESTS FOR CRIMES AT HOSPITALS
DOMICILIARIES, CEMETERIES, AND OTHER VETERANS' ADMINISTRATION
RESERVATIONS.".
(2) THE TABLE OF SECTIONS AT THE BEGINNING OF CHAPTER 17 OF TITLE 38,
UNITED STATES CODE,IS AMENDED BY STRIKING OUT --
"625. ARRESTS FOR CRIMES IN HOSPITALS AND DOMICILIARY
RESERVATIONS.".
SEC. 5. (A) CHAPTER 23 OF TITLE 38, UNITED STATES CODE, IS AMENDED BY
--
(1) AMENDING SECTION 903 TO READ AS FOLLOWS: //72 STAT. 1170;
75 STAT. 218.//
"^ 903. DEATH IN VETERANS' ADMINISTRATION FACILITY; PLOT
ALLOWANCE
"(A) WHERE DEATH OCCURS IN A VETERANS' ADMINISTRATION FACILITY TO
WHICH THE DECEASED WAS PROPERLY ADMITTED FOR HOSPITAL OR DOMICILIARY
CARE UNDER SECTION 610 OR 611 OF THIS TITLE, THE ADMINISTRATOR -- //72
STAT. 1141; 84 STAT. 1096.//
"(1) SHALL PAY THE ACTUAL COST (NOT TO EXCEED $250) OF THE
BURIAL AND FUNERAL OR, WITHIN SUCH LIMITS, MAY MAKE CONTRACTS FOR
SUCH SERVICES WITHOUT REGARD TO THE LAWS REQUIRING ADVERTISEMENT
FOR PROPOSALS FOR SUPPLIES AND SERVICES FOR VETERANS'
ADMINISTRATION; AND
"(2) SHALL, WHEN SUCH A DEATH OCCURS IN A STATE, TRANSPORT THE
BODY TO THE PLACE OF BURIAL IN THE SAME OR ANY OTHER STATE.
"(B) IN ADDITION TO THE FOREGOING, IF SUCH A VETERAN, OR A VETERAN
ELIGIBLE FOR A BURIAL ALLOWANCE UNDER SECTION 902 OF THIS TITLE, IS NOT
BURIED IN A NATIONAL CEMETERY OR OTHER CEMETERY UNDER THE JURISDICTION
OF THE UNITED STATES, THE ADMINISTRATOR, IN HIS DISCRETION, HAVING DUE
REGARD FOR THE CIRCUMSTANCES IN EACH CASE, MAY PAY A SUM NOT EXCEEDING
$150, AS A PLOT OR INTERMENT ALLOWANCE TO SUCH PERSON AS HE PRESCRIBES.
//72 STAT. 1169; 80 STAT. 29. 38 U.S.C. 902.// IN ANY CASE WHERE ANY
PART OF THE PLOT OR INTERMENT EXPENSES HAVE BEEN PAID OR ASSUMED BY A
STATE, ANY AGENCY OR POLITICAL SUBDIVISION OF A STATE, OR THE EMPLOYER
OF THE DECEASED VETERAN, NO CLAIM FOR SUCH ALLOWANCE WHALL BE ALLOWED
FOR MORE THAN THE DIFFERENCE BETWEEN THE ENTIRE AMOUNT OF THE EXPENSES
INCURRED AND THE AMOUNT PAID OR ASSUMED BY ANY OR ALL OF THE FOREGOING
ENTITIES."; AND
(2) ADDING AT THE END OF SUCH CHAPTER THE FOLLOWING NEW SECTIONS:
//38 U.S.C. 901.//
"^ 906. HEADSTONES AND MARKERS
"(A) THE ADMINISTRATOR SHALL FURNISH, WHEN REQUESTED, APPROPRIATE
GOVERNMENT HEADSTONES OR MARKERS AT THE EXPENSE OF THE UNITED STATES FOR
THE UNMARKED GRAVES OF THE FOLLOWING:
"(1) ANY INDIVIDUAL BURIED IN A NATIONAL CEMETERY OR IN A POST
CEMETERY.
"(2) ANY INDIVIDUAL ELIGIBLE FOR BURIAL IN A NATIONAL CEMETERY (BUT
NOT BURIED THERE), EXCEPT FOR THOSE PERSONS OR CLASSES OF PERSONS
ENUMERATED IN SECTION 1002 (4), (5), AND (6) OF THIS TITLE.
"(3) SOLDIERS OF THE UNION AND CONFEDERATE ARMIES OF THE CIVIL WAR.
"(B) THE ADMINISTRATOR SHALL FURNISH, WHEN REQUESTED, AN APPROPRIATE
MEMORIAL HEADSTONE OR MARKER TO COMMEMORATE ANY VETERAN DYING IN THE
SERVICE, AND WHOSE REMAINS HAVE NOT BEEN RECOVERED OR IDENTIFIED OR WERE
BURIED AT SEA, FOR PLACEMENT BY THE APPLICANT IN A NATIONAL CEMETERY
AREA RESERVED FOR SUCH PURPOSES UNDER THE PROVISIONS OF SECTION 1003 OF
THIS TITLE, OR IN ANY PRIVATE OR LOCAL CEMETERY. //ANTE, P. 76.//
"^ 907. DEATH FROM SERVICE-CONNECTED DISABILITY
"IN ANY CASE IN WHICH A VETERAN DIES AS THE RESULT OF A
SERVICE-CONNECTED DISABILITY OR DISABILITIES, THE ADMINISTRATOR, UPON
THE REQUEST OF THE SURVIVORS OF SUCH VETERAN, SHALL PAY THE BURIAL AND
FUNERAL EXPENSES INCURRED IN CONNECTION WITH THE DEATH OF THE VETERAN IN
AN AMOUNT NOT EXCEEDING THE AMOUNT AUTHORIZED TO BE PAID UNDER SECTION
8134 (A) OF TITLE 5 IN THE CASE OF A FEDERAL EMPLOYEE WHOSE DEATH OCCURS
AS THE RESULT OF AN INJURY SUSTAINED IN THE PERFORMANCE OF DUTY. //80
STAT. 548.// FUNERAL AND BURIAL BENEFITS PROVIDED UNDER THIS SECTION
SHALL BE IN LIEU OF ANY BENEFITS AUTHORIZED UNDER SECTIONS 902 AND 903
(A) (1) AND (B) OF THIS TITLE."
(B) THE TABLE OF SECTIONS AT THE BEGINNING OF CHAPTER 23 OF TITLE 38,
UNITED STATES CODE, IS AMENDED --
(1) BY STRIKING OUT
"903. DEATH IN VETERANS' ADMINISTRATION FACILITY."
AND INSERTING IN LIEU THEREOF
"903. DEATH IN VETERANS' ADMINISTRATION FACILITY; PLOT
ALLOWANCE";
AND
(2) BY ADDING AT THE END THEREOF THE FOLLOWING ITEMS:
"906. HEADSTONES AND MARKERS.
"907. DEATH FROM SERVICE-CONNECTED DISABILITY.".
SEC. 6. (A) (1) THERE ARE HEREBY TRANSFERRED FROM THE SECRETARY OF
THE ARMY TO THE ADMINISTRATOR OF VETERANS' AFFIARS ALL JURISDICTION
OVER, AND RESPONSIBILITY FOR, (A) ALL NATIONAL CEMETERIES (EXCEPT THE
CEMETERY AT THE UNITED STATES SOLDIERS' AND AIRMEN'S HOME AND ARLINGTON
NATIONAL CEMETERY), AND (B) ANY OTHER CEMETERY (INCLUDING BURIAL PLOTS),
MEMORIAL, OR MONUMENT UNDER THE JURISDICTION OF THE SECRETARY OF THE
ARMY IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION (EXCEPT
THE CEMETERY LOCATED AT THE UNITED STATES MILITARY ACADEMY AT WEST
POINT) WHICH THE PRESIDENT DETERMINES WOULD BE APPROPRIATE IN CARRYING
OUT THE PURPOSES OF THIS ACT.
(2) THERE ARE HEREBY TRANSFERRED FROM THE SECRETARY OF THE NAVY AND
THE SECRETARY OF THE AIR FORCE TO THE ADMINISTRATOR OF VETERANS' AFFAIRS
ALL JURISDICTION OVER, AND RESPONSIBILITY FOR, ANY CEMETERY (INCLUDING
BURIAL PLOTS), MEMORIAL, OR MONUMENT UNDER THE JURISDICTION OF EITHER
SECRETARY IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF THIS SECTION
(EXCEPT THOSE CEMETERIES LOCATED AT THE UNITED STATES NAVAL ACADEMY AT
ANNAPOLIS, THE UNITED STATES NAVAL HOME CEMETERY AT PHILADELPHIA, AND
THE UNITED STATES AIR FORCE ACADEMY AT COLORADO SPRINGS) WHICH THE
PRESIDENT DETERMINES WOULD BE APPROPRIATE IN CARRYING OUT THE PURPOSES
OF THIS ACT.
(B) SO MUCH OF THE PERSONNEL, PROPERTY, RECORDS, AND UNEXPENDED
BALANCES OF APPROPRIATIONS, ALLOCATIONS, AND OTHER FUNDS AVAILABLE TO,
OR UNDER THE JURISDICTION OF, THE SECRETARY OF THE ARMY, THE SECRETARY
OF THE NAVY, AND THE SECRETARY OF THE AIR FORCE, IN CONNECTION WITH
FUNCTIONS TRANSFERRED BY THIS ACT, AS DETERMINED BY THE DIRECTOR OF THE
OFFICE OF MANAGEMENT AND BUDGET, ARE TRANSFERRED TO THE ADMINISTRATOR OF
VETERANS' AFFAIRS.
(C) ALL OFFENSES COMMITTED AND ALL PENALTIES AND FORDEITURES INCURRED
UNDER ANY OF THE PROVISIONS OF LAW AMENDED OR REPEALED BY THIS ACT MAY
BE PROSECUTED AND PUNISHED IN THE SAME MANNER AND WITH THE SAME EFFECT
AS IF SUCH AMENDMENTS OR REPEALS HAD NOT BEEN MADE.
(D) ALL RULES, REGULATIONS, ORDERS, PERMITS, AND OTHER PRIVILEGES
ISSUED OR GRANTED BY THE SECRETARY OF THE ARMY, THE SECRETARY OF THE
NAVY, OR THE SECRETARY OF THE AIR FORCE WITH RESPECT TO THE CEMETERIES,
MEMORIALS, AND MONUMENTS TRANSFERRED TO THE VETERANS' ADMINISTRATION BY
THIS ACT, UNLESS CONTRARY TO THE PROVISIONS OF SUCH ACT, SHALL REMAIN IN
FULL FORCE AND EFFECT UNTIL MODIFIED, SUSPENDED, OVERRULED, OR OTHERWISE
CHANGED BY THE ADMINISTRATOR OF VETERANS' AFFAIRS, BY ANY COURT OF
COMPETENT JURISDICTION, OR BY OPERATION OF LAW.
(E) NO SUIT, ACTION, OR OTHER PROCEEDING COMMENCED BY OR AGAINST ANY
OFFICER IN HIS OFFICIAL CAPACITY AS AN OFFICIAL OF THE DEPARTMENT OF THE
ARMY, THE DEPARTMENT OF THE NAVY, OR THE DEPARTMENT OF THE AIR FORCE
WITH RESPECT TO FUNCTIONS TRANSFERRED UNDER SUBSECTION (A) OR (C) OF
THIS SECTION SHALL ABATE BY REASON OF THE ENACTMENT OF THIS SECTION. NO
CAUSE OF ACTION BY OR AGAINST ANY SUCH DEPARTMENT WITH RESPECT TO
FUNCTIONS TRANSFERRED UNDER SUCH SUBSECTION (A) OR BY OR AGAINST ANY
OFFICER THEREOF IN HIS OFFICIAL CAPACITY, SHALL ABATE BY REASON OF THE
ENACTMENT OF THIS SECTION. CAUSES OF ACTIONS, SUITS, OR OTHER
PROCEEDINGS MAY BE ASSERTED BY OR AGAINST THE UNITED STATES OR SUCH
OFFICER OF THE VETERANS' ADMINISTRATION AS MAY BE APPROPRIATE AND, IN
ANY LITIGATION PENDING WHEN THIS SECTION TAKES EFFECT, THE COURT MAY AT
ANY TIME, UPON ITS OWN MOTION OR THAT OF ANY PARTY, ENTER AN ORDER WHICH
WILL GIVE EFFECT TO THE PROVISIONS OF THIS SUBSECTION. IF BEFORE THE
DATE THIS SECTION TAKES EFFECT, ANY SUCH DEPARTMENT, OR OFFICER THEREOF
IN HIS OFFICIAL CAPACITY, IS A PARTY TO A SUIT WITH RESPECT TO ANY
FUNCTION SO TRANSFERRED, SUCH SUIT SHALL BE CONTINUED BY THE
ADMINISTRATOR OF VETERANS' AFFAIRS.
SEC. 7. (A) THE FOLLOWING PROVISIONS OF LAW ARE REPEALED, EXCEPT
WITH RESPECT TO RIGHTS AND DUTIES THAT MATURED, PENALTIES, LIABILITIES,
AND FORFEITURES THAT WERE INCURRED, AND PROCEEDINGS THAT WERE BEGUN,
BEFORE THE EFFECTIVE DATE OF THIS SECTION:
(1) SECTIONS 4870, 4871, 4872, 4873, 4875, 4877, 4881, AND 4882 OF
THE REVISED STATUTES (24 U.S.C. 271, 272, 273, 274, 276, 279, 286, AND
287).
(2) THE ACT ENTITLED "AN ACT TO PROVIDE FOR A NATIONAL CEMETERY IN
EVERY STATE", APPROVED JUNE 29, 1938 (24 U.S.C. 271A). //52 STAT.
1233.//
(3) THE ACT ENTITLED "AN ACT TO PROVIDE FOR SELECTION OF
SUPERINTENDENTS OF NATIONAL CEMETERIES FROM MERITORIOUS AND TRUSTWORTHY
MEMBERS OF THE ARMED FORCES WHO HAVE BEEN DISABLED IN LINE OF DUTY FOR
ACTIVE FIELD SERVICE", APPROVED MARCH 24, 1948, AS AMENDED (24 U.S.C.
275). //62 STAT. 84; 75 STAT. 411.//
(4) THE PROVISO TO THE SECOND PARAGRAPH PRECEDING THE CENTER HEADING
"MEDICAL DEPARTMENT" IN THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS
FOR THE SUPPORT OF THE ARMY FOR THE FISCAL YEAR ENDING JUNE THIRTIETH,
EIGHTEEN HUNDRED AND SEVENTY-SEVEN, AND FOR OTHER PURPOSES", APPROVED
JULY 24, 1876, AS AMENDED (24 U.S.C. 287). //19 STAT. 99.//
(5) THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE PROCUREMENT AND
SUPPLY OF GOVERNMENT HEADSTONES OR MARKERS FOR UNMARKED GRAVES OF
MEMBERS OF THE ARMED FORCES DYING IN THE SERVICE ON OR AFTER HONORABLE
DISCHARGE THEREFROM, AND OTHER PERSONS, AND FOR OTHER PURPOSES",
APPROVED JULY 1, 1948, AS AMENDED (24 U.S.C. 279A - 279C). //62 STAT.
1215; 84 STAT. 836.//
(6) THE ACT ENTITLED "AN ACT TO ESTABLISH ELIGIBILITY FOR BURIAL IN
NATIONAL CEMETERIES, AND FOR OTHER PURPOSES", APPROVED MAY 14, 1948, AS
AMENDED (24 U.S.C. 281). //73 STAT. 547.//
(7) THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE ERECTION OF
APPROPRIATE MARKERS IN NATIONAL CEMETERIES TO HONOR THE MEMORY OF
MEMBERS OF THE ARMED FORCES MISSING IN ACTION", APPROVED AUGUST 27,
1954, AS AMENDED (24 U.S.C. 279D). //68 STAT. 880; 70 STAT. 489.//
T8) THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE UTILIZATION OF
SURPLUS WAR DEPARTMENT OWNED MILITARY REAL PROPERTY AS NATIONAL
CEMETERIES, WHEN FEASIBLE", APPROVED AUGUST 4, 1947 (24 U.S.C. 281A -
281C). //61 STAT. 742.//
(9) THE ACT ENTITLED "AN ACT TO PRESERVE HISTORIC GRAVEYARDS IN
ABANDONED MILITARY POSTS", APPROVED JULY 1, 1947 (24 U.S.C. 296). //61
STAT. 234.//
T10) THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE UTILIZATION AS A
NATIONAL CEMETERY OF SURPLUS ARMY DEPARTMENT OWNED MILITARY REAL
PROPERTY AT FORT LOGAN, COLORADO", APPROVED MARCH 10, 1950 (24 U.S.C.
281D - F). //64 STAT. 12.//
(11) THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE EXPANSION AND
DISPOSITION OF CERTAIN NATIONAL CEMETERIES", APPROVED AUGUST 10, 1950
(24 U.S.C. 281G). //64 STAT. 434.//
(12) THE NINTH PARAGRAPH FOLLOWING THE SIDE HEADING "NATIONAL
CEMETERIES" IN THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR SUNDRY
CIVIL EXPENSES OF THE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE
THIRTIETH, NINETEEN HUNDRED AND THIRTEEN, AND FOR OTHER PURPOSES",
APPROVED AUGUST 24, 1912 (24 U.S.C. 282). //37 STAT. 440.//
(13) THE FOURTH PARAGRAPH AFTER THE CENTER HEADING "NATIONAL
CEMETERIES" IN TITLE II OF THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE WAR
DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1926, AND FOR OTHER
PURPOSES", APPROVED FEBRUARY 12, 1925 (24 U.S.C. 288). //43 STAT.
926.//
(14) THE SECOND PARAGRAPH FOLLOWING THE CENTER HEADING "CEMETERIAL
EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE
FISCAL YEAR ENDING JUNE 30, 1942, FOR CIVIL FUNCTIONS ADMINISTERED BY
THE WAR DEPARTMENT, AND FOR OTHER PURPOSES", APPROVED MAY 23, 1941 (24
U.S.C. 289). //55 STAT. 191.//
(15) THE FIRST PROVISO TO THE SECOND PARAGRAPH AND ALL OF THE THIRD
PARAGRAPH FOLLOWING THE CENTER HEADING "NATIONAL CEMETERIES" IN TITLE II
OF THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE MILITARY AND
NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING
JUNE 30, 1927, AND FOR OTHER PURPOSES", APPROVED APRIL 15, 1926 (44
STAT. 287&. //24 U.S.C. 290 NOTE, 288.//
(16) THE FIRST PROVISO TO THE SECOND PARAGRAPH AND ALL OF THE THIRD
PARAGRAPH FOLLOWING THE CENTER HEADING "NATIONAL CEMETERIES" IN TITLE II
OF THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE MILITARY AND
NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING
JUNE 30, 1928, AND FOR OTHER PURPOSES", APPROVED FEBRUARY 23, 1927 (44
STAT. 1138).
(17) THE FIRST PROVISO OF THE FOURTH PARAGRAPH AND ALL OF THE FIFTH
PARAGRAPH FOLLOWING THE CENTER HEADING "NATIONAL CEMETERIES" IN TITLE II
OF THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE MILITARY AND
NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING
JUNE 30, 1929, AND FOR OTHER PURPOSES", APPROVED MARCH 23, 1928 (45
STAT. 354).
(18) THE FIRST PROVISO TO THE SECOND PARAGRAPH AND ALL OF THE THIRD
PARAGRAPH FOLLOWING THE CENTER HEADING "NATIONAL CEMETERIES" IN TITLE II
OF THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE MILITARY AND
NONMILITARY ACTIVITIES OF THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING
JUNE 30, 1930, AND FOR OTHER PURPOSES", APPROVED FEBRUARY 28, 1929 (45
STAT. 1375).
(19) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN TITLE II OF THE ACT ENTITLED "AN
ACT MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF
THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1931, AND FOR
OTHER PURPOSES", APPROVED MAY 28, 1930 (46 STAT. 458).
(20) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN TITLE II OF THE ACT ENTITLED "AN
ACT MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF
THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1932, AND FOR
OTHER PURPOSES", APPROVED FEBRUARY 23, 1931 (46 STAT. 1302).
(21) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN TITLE II OF THE ACT ENTITLED "AN
ACT MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF
THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1932, AND FOR
OTHER PURPOSES", APPROVED JULY 14, 1932 (47 STAT. 689).
(22) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN TITLE II OF THE ACT ENTITLED "AN
ACT MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF
THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1934, AND FOR
OTHER PURPOSES", APPROVED MARCH 4, 1933 (47 STAT. 1595).
(23) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN TITLE II OF THE ACT ENTITLED "AN
ACT MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF
THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1935, AND FOR
OTHER PURPOSES", APPROVED APRIL 26, 1934 (48 STAT. 639).
(24) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN TITLE II OF THE ACT ENTITLED "AN
ACT MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF
THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1936, AND FOR
OTHER PURPOSES", APPROVED APRIL 9, 1935 (49 STAT. 145). //24 U.S.C. 290
NOTE, 288.//
(25) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN TITLE II OF THE ACT ENTITLED "AN
ACT MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF
THE WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1937, AND FOR
OTHER PURPOSES", APPROVED MAY 15, 1936 (49 STAT. 1305).
(26) THE FIRST PROVISO TO THE PARAGRAPH FOLLOWING THE CENTER HEADING
"CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS
FOR THE FISCAL YEAR ENDING JUNE 30, 1938, FOR CIVIL FUNCTIONS
ADMINISTERED BY THE WAR DEPARTMENT, AND FOR OTHER PURPOSES", APPROVED
JULY 19, 1937 (50 STAT. 515).
(27) THE FIRST PROVISO TO THE FIRST PARAGRAPH AND ALL OF THE SECOND
PARAGRAPH FOLLOWING THE CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT
ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE
30, 1939, FOR CIVIL FUNCTIONS ADMINISTERED BY THE WAR DEPARTMENT AND FOR
OTHER PURPOSES", APPROVED JUNE 11, 1938 (52 STAT. 668).
(28) THE FIRST PROVISO TO THE FIRST PARAGRAPH AND ALL OF THE SECOND
PARAGRAPH FOLLOWING THE CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT
ENTITLED "AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE
30, 1940, FOR CIVIL FUNCTIONS ADMINISTERED BY THE WAR DEPARTMENT, AND
FOR OTHER PURPOSES", APPROVED JUNE 28, 1939 (53 STAT. 857).
(29) THE FIRST PROVISO TO THE FIRST PARAGRAPH AND ALL OF THE SECOND
PARAGRAPH IMMEDIATELY FOLLOWING THE CENTER HEADING "CEMETERIAL EXPENSES"
IN THE ACT ENTITLED "AN ACT MAKING APPORPRIATIONS FOR THE FISCAL YEAR
ENDING JUNE 30, 1941, FOR CIVIL FUNCTIONS ADMINISTERED BY THE WAR
DEPARTMENT, AND FOR OTHER PURPOSES", APPROVED JUNE 24, 1940 (54 STAT.
505).
(30) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPORPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1942, FOR CIVIL
FUNCTIONS ADMINISTERED BY THE WAR DEPARTMENT, AND FOR OTHER PURPOSES",
APPROVED MAY 23, 1941 (55 STAT. 191). //ANTE, P. 82.//
(31) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1943, FOR CIVIL
FUNCTIONS ADMINISTERED BY THE WAR DEPARTMENT, AND FOR OTHER PURPOSES",
APPROVED APRIL 28, 1942 (56 STAT. 220).
(32) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1944, FOR CIVIL
FUNCTIONS ADMINISTERED BY THE WAR DEPARTMENT, AND FOR OTHER PURPOSES",
APPROVED JUNE 2, 1943 (57 STAT. 94).
(33) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1945, FOR CIVIL
FUNCTIONS ADMINISTERED BY THE WAR DEPARTMENT, AND FOR OTHER PURPOSES",
APPROVED JUNE 26, 1944 (58 STAT. 327 - 328).
(34) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1946, FOR CIVIL
FUNCTIONS ADMINISTERED BY THE WAR DEPARTMENT, AND FOR OTHER PURPOSES",
APPROVED MARCH 31, 1945 (59 STAT. 39).
(35) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1947, FOR CIVIL
FUNCTIONS ADMINISTERED BY THE WAR DEPARTMENT, AND FOR OTHER PURPOSES",
APPROVED MAY 2, 1946 (60 STAT. 161). //24 U.S.C. 290 NOTE, 289).
(36) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CIVIL FUNCTIONS ADMINISTERED BY THE WAR DEPARTMENT
FOR THE FISCAL YEAR ENDING JUNE 30, 1948, AND FOR OTHER PURPOSES",
APPROVED JULY 31, 1947 (61 STAT. 687).
(37) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CIVIL FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF THE
ARMY FOR THE FISCAL YEAR ENDING JUNE 30, 1949, AND FOR OTHER PURPOSES",
APPROVED JUNE 25, 1948 (62 STAT. 1019).
(38) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CIVIL FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF THE
ARMY FOR THE FISCAL YEAR ENDING JUNE 30, 1950, AND FOR OTHER PURPOSES",
APPROVED OCTOBER 13, 1949 (63 STAT. 846).
(39) THE FIRST PROVISO TO THE PARAGRAPH FOLLOWING THE CENTER HEADING
"CEMETERIAL EXPENSES" IN CHAPTER IX OF THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR THE SUPPORT OF THE GOVERNMENT FOR THE FISCAL YEAR
ENDING JUNE 30, 1951, AND FOR OTHER PURPOSES", APPROVED SEPTEMBER 6,
1950 (64 STAT. 725).
(40) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CIVIL FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF THE
ARMY FOR THE FISCAL YEAR ENDING JUNE 30, 1952, AND FOR OTHER PURPOSES",
APPROVED OCTOBER 24, 1951 (65 STAT. 617).
(41) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CIVIL FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF THE
ARMY FOR THE FISCAL YEAR ENDING JUNE 30, 1953, AND FOR OTHER PURPOSES",
APPROVED JULY 11, 1952 (66 STAT. 579).
(42) THE FIRST PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CIVIL FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF THE
ARMY FOR FISCAL YEAR ENDING JUNE 30, 1954, AND FOR OTHER PURPOSES",
APPROVED JULY 27, 1953 (24 U.S.C. 290). //67 STAT. 197.//
(43) THE FIRST PROVISO TO THE THIRD PARAGRAPH FOLLOWING THE CENTER
HEADING "NATIONAL CEMETERIES" IN TITLE II OF THE ACT ENTITLED "AN ACT
MAKING APPROPRIATIONS FOR THE MILITARY AND NONMILITARY ACTIVITIES OF THE
WAR DEPARTMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1926, AND FOR OTHER
PURPOSES", APPROVED FEBRUARY 12, 1925 (43 STAT. 926).
(44) THE FIRST AND SECOND PROVISOS TO THE PARAGRAPH IMMEDIATELY
FOLLOWING THE CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED
"AN ACT MAKING APPROPRIATIONS FOR CIVIL FUNCTIONS ADMINISTERED BY THE
DEPARTMENT OF THE ARMY FOR THE FISCAL YEAR ENDING JUNE 30, 1955, AND FOR
OTHER PURPOSES", APPROVED JUNE 30, 1954 (68 STAT. 331).
(45) THE FIRST AND SECOND PROVISOS TO THE PARAGRAPH IMMEDIATELY
FOLLOWING THE CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED
"AN ACT MAKING APPROPRIATIONS FOR THE ATOMIC ENERGY COMMISSION, THE
TENNESSEE VALLEY AUTHORITY, CERTAIN AGENCIES OF THE DEPARTMENT OF THE
INTERIOR, AND CIVIL FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF THE
ARMY, FOR THE FISCAL YEAR ENDING JUNE 30, 1956, AND FOR OTHER PURPOSES",
APPROVED JULY 15, 1955 (69 STAT. 360).
(46) THE FIRST AND SECOND PROVISOS TO THE PARAGRAPH IMMEDIATELY
FOLLOWING THE CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED
"AN ACT MAKING APPROPRIATIONS FOR THE TENNESSEE VALLEY AUTHORITY,
CERTAIN AGENCIES OF THE DEPARTMENT OF THE INTERIOR, AND CIVIL FUNCTIONS
ADMINISTERED BY THE DEPARTMENT OF THE ARMY, FOR THE FISCAL YEAR ENDING
JUNE 30, 1957, AND FOR OTHER PURPOSES", APPROVED JYLY 2, 1956 (70 STAT.
474).
(47) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CIVIL FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF THE
ARMY AND CERTAIN AGENCIES OF THE DEPARTMENT OF THE INTERIOR, FOR THE
FISCAL YEAR ENDING JUNE 30, 1958, AND FOR OTHER PURPOSES", APPROVED
AUGUST 26, 1957 (71 STAT. 416).
(48) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CIVIL FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF THE
ARMY, CERTAIN AGENCIES OF THE DEPARTMENT OF THE INTERIOR, AND THE
TENNESSEE VALLEY AUTHORITY, FOR THE FISCAL YEAR ENDING JUNE 30, 1959,
AND FOR OTHER PURPOSES", APPROVED SEPTEMBER 2, 1958 (72 STAT. 1572).
(49) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CIVIL FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF THE
ARMY, CERTAIN AGENCIES OF THE DEPARTMENT OF THE INTERIOR, AND THE
TENNESSEE VALLEY AUTHORITY, FOR THE FISCAL YEAR ENDING JUNE 30, 1960,
AND FOR OTHER PURPOSES", APPROVED SEPTEMBER 10, 1959 (73 STAT. 492).
(50) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CERTAIN CIVIL FUNCTIONS ADMINISTERED BY THE
DEPARTMENT OF DEFENSE, CERTAIN AGENCIES OF THE DEPARTMENT OF THE
INTERIOR, THE ATOMIC ENERGY COMMISSION, THE SAINT LAWRENCE SEAWAY
DEVELOPMENT CORPORATION, THE TENNESSEE VALLEY AUTHORITY, AND CERTAIN
RIVER BASIN COMMISSIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1963, AND
FOR OTHER PURPOSES", APPROVED OCTOBER 24, 1962 (76 STAT. 1216).
(51) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPORPRIATIONS FOR CERTAIN CIVIL FUNCTIONS ADMINISTERED BY THE
DEPARTMENT OF DEFENSE, CERTAIN AGENCIES OF THE DEPARTMENT OF THE
INTERIOR, THE ATOMIC ENERGY COMMISSION, THE SAINT LAWRENCE SEAWAY
DEVELOPMENT CORPORATION, THE TENNESSEE VALLEY AUTHORITY, AND CERTAIN
RIVER BASIN COMMISSIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1964, AND
FOR OTHER PURPOSES", APPROVED DECEMBER 31, 1963 (77 STAT. 844).
(52) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CERTAIN CIVIL FUNCTIONS ADMINISTERED BY THE
DEPARTMENT OF DEFENSE, THE PANAMA CANAL, CERTAIN AGENCIES OF THE
DEPARTMENT OF THE INTERIOR, THE ATOMIC ENERGY COMMISSION, THE SAINT
LAWRENCE SEAWAY DEVELOPMENT CORPORATION, THE TENNESSEE VALLEY AUTHORITY
AND THE DELAWARE RIVER BASIN COMMISSION, FOR THE FISCAL YEAR ENDING JUNE
30, 1965, AND FOR OTHER PURPOSES", APPROVED AUGUST 30, 1964 (78 STAT.
682).
(53) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING (CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CERTAIN CIVIL FUNCTIONS ADMINISTERED BY THE
DEPARTMENT OF DEFENSE, THE PANAMA CANAL, CERTAIN AGENCIES OF THE
DEPARTMENT OF THE INTERIOR, THE ATOMIC ENERGY COMMISSION, THE SAINT
LAWRENCE SEAWAY DEVELOPMENT CORPORATION, THE TENNESSEE VALLEY AUTHORITY
AND THE DELAWARE RIVER BASIN COMMISSION, AND THE INTEROCEANIC CANAL
COMMISSION, FOR THE FISCAL YEAR ENDING JUNE 30, 1966, AND FOR OTHER
PURPOSES", APPROVED OCTOBER 28, 1965 (79 STAT. 1096).
(54) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CERTAIN CIVIL FUNCTIONS ADMINISTERED BY THE
DEPARTMENT OF DEFENSE, THE PANAMA CANAL, CERTAIN AGENCIES OF THE
DEPARTMENT OF THE INTERIOR, THE ATOMIC ENERGY COMMISSION, THE
ATLANTIC-PACIFIC INTEROCEANIC CANAL STUDY COMMISSION, THE DELAWARE RIVER
BASIN COMMISSION, THE SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION, THE
TENNESSEE VALLEY AUTHORITY, AND THE WATER RESOURCES COUNCIL, FOR THE
FISCAL YEAR ENDING JUNE 30, 1967, AND FOR OTHER PURPOSES", APPROVED
OCTOBER 15, 1966 (80 STAT. 1002).
(55) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CERTAIN CIVIL FUNCTIONS ADMINISTERED BY THE
DEPARTMENT OF DEFENSE, THE PANAMA CANAL, CERTAIN AGENCIES OF THE
DEPARTMENT OF THE INTERIOR, THE ATOMIC ENERGY COMMISSION, THE
ATLANTIC-PACIFIC INTEROCEANIC CANAL STUDY COMMISSION, THE DELAWARE RIVER
BASIN COMMISSION, INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN, THE
TENNESSEE VALLEY AUTHORITY, AND THE WATER RESOURCES COUNCIL FOR THE
FISCAL YEAR ENDING JUNE 30, 1968, AND FOR OTHER PURPOSES, APPROVED
NOVEMBER 20, 1967 (81 STAT. 471).
(56) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR CERTAIN CIVIL FUNCTIONS ADMINISTERED BY THE
DEPARTMENT OF DEFENSE, THE PANAMA CANAL, CERTAIN AGENCIES OF THE
DEPARTMENT OF THE INTERIOR, THE ATLANTIC-PACIFIC INTEROCEANIC CANAL
STUDY COMMISSION, THE DELAWARE RIVER BASIN COMMISSION, INTERSTATE
COMMSISSION ON THE POTOMAC RIVER BASIN, THE TENNESSEE VALLEY AUTHORITY,
THE WATER RESOURCES COUNCIL, AND THE ATOMIC ENERGY COMMISSION, FOR THE
FISCAL YEAR ENDING JUNE 30, 1969, AND FOR OTHER PURPOSES", APPROVED
AUGUST 12, 1968 (82 STAT. 705).
(57) THE THIRD PROVISO TO THE PARAGRAPH IMMEDIATELY FOLLOWING THE
CENTER HEADING "CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR PUBLIC WORKS FOR WATER, POLLUTION CONTROL, AND POWER
DEVELOPMENT, INCLUDING THE CORPS OF ENGINEERS -- CIVIL, THE PANAMA
CANAL, THE FEDERAL WATER POLLUTION CONTROL ADMINISTRATION, THE BUREAU OF
RECLAMATION, POWER AGENCIES OF THE DEPARTMENT OF THE INTERIOR, THE
TENNESSEE VALLEY AUTHORITY, THE ATOMIC ENERGY COMMISSION, AND RELATED
INDEPENDENT AGENCIES AND COMMISSIONS FOR THE FISCAL YEAR ENDING JUNE 30,
1970, AND FOR OTHER PURPOSES", APPROVED DECEMBER 11, 1969 (83 STAT.
327).
(58) THE FIRST PROVISO TO THE PARAGRAPH FOLLOWING THE CENTER HEADING
"CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS
FOR PUBLIC WORKS FOR WATER, POLLUTION CONTROL, AND POWER DEVELOPMENT,
INCLUDING THE CORPS OF ENGINEERS -- CIVIL, THE PANAMA CANAL, THE FEDERAL
WATER QUALITY ADMINISTRATION, THE BUREAU OF RECLAMATION, POWER AGENCIES
OF THE DEPARTMENT OF THE INTERIOR, THE TENNESSEE VALLEY AUTHORITY, THE
ATOMIC ENERGY COMMISSION, AND RELATED INDEPENDENT AGENCIES AND
COMMISSIONS FOR THE FISCAL YEAR ENDING JUNE 30, 1971, AND FOR OTHER
PURPOSES", APPROVED OCTOBER 7, 1970 (84 STAT. 893).
(59) THE FIRST PROVISO TO THE PARAGRAPH FOLLOWING THE CENTER HEADING
"CEMETERIAL EXPENSES" IN THE ACT ENTITLED "AN ACT MAKING APPROPRIATIONS
FOR PUBLIC WORKS FOR WATER AND POWER DEVELOPMENT, INCLUDING THE CORPS OF
ENGINEERS -- CIVIL, THE BUREAU OF RECLAMATION, THE BONNEVILLE POWER
ADMINISTRATION AND OTHER POWER AGENCIES OF THE DEPARTMENT OF THE
INTERIOR, THE APPALACHIAN REGIONAL COMMISSION, THE FEDERAL POWER
COMMISSION, THE TENNESSEE VALLEY AUTHORITY, THE ATOMIC ENERGY
COMMISSION, AND RELATED INDEPENDENT AGENCIES AND COMMISSIONS FOR THE
FISCAL YEAR ENDING JUNE 30, 1972, AND FOR OTHER PURPOSES", APPROVED
OCTOBER 5, 1971 (85 STAT. 368).
(60) THE ACT ENTITLED "AN ACT TO REVISE ELIGIBILITY REQUIREMENTS FOR
BURIAL IN NATIONAL CEMETERIES AND FOR OTHER PURPOSES", APPROVED
SEPTEMBER 14, 1959 (73 STAT. 547). //ANTE, P.82//
(61) THE ACT ENTITLED "AN ACT TO AMEND THE ACT OF MARCH 24, 1948,
WHICH ESTABLISHES SPECIAL REQUIREMENTS GOVERNING THE SELECTION OF
SUPERINTENDNETS OF NATIONAL CEMETERIES", APPROVED AUGUST 30, 1961 (75
STAT. 411).
(B) NOTHING IN THIS SECTION SHALL BE DEEMED TO AFFECT IN ANY MANNER
THE FUNCTIONS, POWERS, AND DUTIES OF --
(1) THE SECRETARY OF THE INTERIOR WITH RESPECT TO THOSE
CEMETERIES, MEMORIALS, OR MONUMENTS UNDER HIS JURISDICTION ON THE
EFFECTIVE DATE OF THIS SECTION, OR
(2) THE SECRETARY OF THE ARMY, THE SECRETARY OF THE NAVY, OR
THE SECRETARY OF THE AIR FORCE WITH RESPECT TO THOSE CEMETERIES,
MEMORIALS, OR MONUMENTS UNDER HIS JURISDICTION TO WHICH THE
TRANSFER PROVISIONS OF SECTION 6 (A) OF THIS ACT DO NOT APPLY.
SEC. 8. THE FIRST SENTENCE OF SECTION 3505 (A) OF TITLE 38, UNITED
STATES CODE, IS AMENDED BY INSERTING IMMEDIATELY AFTER THE WORDS
"GRATUITOUS BENEFITS" WHERE FIRST APPEARING THEREIN, THE FOLLOWING:
"(INCLUDING THE RIGHT TO BURIAL IN A NATIONAL CEMETERY)". //73 STAT.
453.//
SEC. 9. (A) THE SECRETARY OF DEFENSE IS AUTHORIZED AND DIRECTED TO
CAUSE TO BE BROUGHT TO THE UNITED STATES THE REMAINS OF AN AMERICAN, WHO
WAS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, WHO SERVED IN
SOUTHEAST ASIA WHO LOST HIS LIFE DURING THE VIETNAM ERA, AND WHOSE
IDENTITY HAS NOT BEEN ESTABLISHED, FOR BURIAL IN THE MEMORIAL
AMPHITHEATER OF THE NATIONAL CEMETERY AT ARLINGTON, VIRGINIA.
(B) THE IMPLEMENTATION OF THIS SECTION SHALL TAKE PLACE AFTER THE
UNITED STATES HAS CONCLUDED ITS PARTICIPATION IN HOSTILITIES IN
SOUTHEAST ASIA, AS DETERMINED BY THE PRESIDENT OR THE CONGRESS OF THE
UNITED STATES.
(C) THERE ARE AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
SEC. 10. (A) THE FIRST SECTION AND SECTIONS 2, 3, 4, AND 8 OF THIS
ACT SHALL TAKE EFFECT ON THE DATE OF ENACTMENT OF THIS ACT.
(B) CLAUSE (1) OF SECTION 5 (A) SHALL TAKE EFFECT ON THE FIRST DAY OF
THE SECOND CALENDAR MONTH FOLLOWING THE DATE OF ENACTMENT OF THIS ACT.
(C) CLAUSE (2) OF SECTION 5 (A) AND SECTIONS 6 AND 7 OF THIS ACT
SHALL TAKE EFFECT SEPTEMBER 1, 1973, OR ON SUCH EARLIER DATE AS THE
PRESIDENT MAY PRESCRIBE AND PUBLISH IN THE FEDERAL REGISTER.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 131 ACCOMPANYING H. R. 2828 (COMM. ON
VETERANS' AFFAIRS).
SENATE REPORT NO. 93 - 55 (COMM. ON VETERANS' AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 6, CONSIDERED AND PASSED SENATE. MAY 7, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF
H. R. 2828. MAY 31, SENATE CONCURRED IN HOUSE AMENDMENT WITH
AMENDMENTS. JUNE 5, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-42, 87 STAT 74
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PRESIDENT IS
AUTHORIZED AND REQUESTED TO ISSUE A PROCLAMATION DESIGNATING THE WEEK
WHICH BEGINS ON JUNE 24 AS "NATIONAL AUTISTIC CHILDREN'S WEEK", AND
CALLING THE ATTENTION OF THE PEOPLE OF THE UNITED STATES TO THE PLIGHT
OF THE AUTISTIC CHILD, AND THE SERVICES WHICH ARE AVAILABLE TO HELP SUCH
CHILDREN AND THEIR FAMILIES.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 17, CONSIDERED AND PASSED HOUSE.
JUNE 4, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-41, 87 STAT 74.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PRESIDENT OF THE
UNITED STATES IS AUTHORIZED AND REQUESTED TO ISSUE A PROCLAMATION
DESIGNATING JUNE !7, 1973, AS A DAY OF COMMEMORATION OF THE OPENING OF
THE UPPER MISSISSIPPI RIVER BY JACQUES MARQUETTE AND LOUIS JOLLIET, AND
CALLING UPON THE PEOPLE OF THE UNITED STATES TO OBSERVE THE TERCENTENARY
WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 119 (1973):
JUNE 5, CONSIDERED AND PASSED HOUSE.
JUNE 6, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-40, 87 STAT. 74
TO AMEND PUBLIC LAW 90 - 553 AUTHORIZING AN ADDITIONAL
APPROPRIATION FOR AN INTERNATIONAL CENTER FOR FOREIGN CHANCERIES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FIRST SENTENCE
OF SECTION 6 OF PUBLIC LAW 90 - 553 (82 STAT. 958) IS HEREBY AMENDED TO
READ AS FOLLOWS: //D.C. CODE 9 - 301 NOTE.//
"THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED, WITHOUT FISCAL YEAR
LIMITATION, NOT TO EXCEED $2,200,000 TO CARRY OUT THE PURPOSES OF
SECTION 5 OF THIS ACT: PROVIDED, THAT SUCH SUMS AS MAY BE APPROPRIATED
HEREUNDER SHALL BE REIMBURSED TO THE TREASURY FROM PROCEEDS OF THE SALE
OR LEASE OF PROPERTY TO FOREIGN GOVERNMENTS AND INTERNATIONAL
ORGANIZATIONS AS PROVIDED FOR IN THE FIRST SECTION OF THIS ACT."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 213 ACCOMPANY H. R. 6830 (COMM. ON PUBLIC
WORKS).
SENATE REPORT NO. 93 - 92 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR, 1, CONSIDERED AND PASSED SENATE. MAY 30, CONSIDERED AND
PASSED HOUSE, IN LIEU OF H. R. 6830.
PUBLIC LAW 93-39, 87 STAT. 73
TO PERMIT IMMEDIATE RETIREMENT OF CERTAIN FEDERAL EMPLOYEES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8336 (D) OF
TITLE 5, UNITED STATES CODE, IS AMENDED TO READ AS FOLLOWS: //80 STAT.
571.//
"(D) AN EMPLOYEE WHO IS SEPARATED FROM THE SERVICE --
"(1) INVOLUNTARILY, EXCEPT BY REMOVAL FOR CAUSE ON CHARGES OF
MISCONDUCT OR DELINQUENCY; OR
"(2) VOLUNTARILY, DURING A PERIOD WHEN THE AGENCY IN WHCIH HE
IS EMPLOYED IS UNDERGOING A MAJOR REDUCTION IN FORCE, AS
DETERMINED BY THE COMMISSION, AND WHO IS SERVING IN SUCH
GEOGRAPHIC AREAS AS MAY BE DESIGNATED BY THE CO-MISSION;
AFTER COMPLETING 25 YEARS OF SERVICE OR AFTER BECOMING 50 YEARS OF
AGE AND COMPLETING 20 YEARS OF SERVICE IS ENTITLED TO A REDUCED
ANNUITY.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 98 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 152 ACCOMPANYING S. 1804 (COMM. ON POST
OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 16, CONSIDERED AND PASSED HOUSE. MAY 17, CONSIDERED AND
PASSED SENATE, AMENDED, IN LIEU OF
S. 1804. MAY 22, HOUSE CONCURRED IN SENATE AMENDMENT WITH AN
PUBLIC LAW 93-38, 87 STAT. 73
TO AMEND SECTION 1319 OF THE HOUSING AND URBAN DEVELOPMENT ACT
OF 1968 TO INCREASE THE LIMITATION ON THE FACE AMOUNT OF FLOOD
INSURANCE COVERAGE AUTHORIZED TO BE OUTSTANDING.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 1319 OF THE
HOUSING AND URBAN DEVELOPMENT ACT OF 1968 IS AMENDED BY STRIKING OUT
"$4,000,000,000" AND INSERTING IN LIEU THEREOF "$6,000,000,000".
//ANTE, P. 4.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 154 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAY 21, CONSIDERED AND PASSED SENATE. MAY 23, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-37, 87 STAT. 73
TO AUTHORIZE APPROPRIATIONS FOR THE INDIAN CLAIMS COMMISSION
FOR FISCAL YEAR 1974, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBELD, 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 1974 A SUM NOT TO
EXCEED $1,200,000. //60 STAT. 1049.//
SEC. 2. SECTION 1 OF THE ACT OF NOVEMBER 4, 1963 (77 STAT. 301), AS
AMENDED (25 U.S.C. 70N - 1), IS FURTHER AMENDED BY STRIKING OUT
"$1,800,000" AND BY INSERTING "$2,700,000". //80 STAT. 814.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 112 ACCOMPANYING H. R. 4967 (COMM. ON
INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 53 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 6, CONSIDERED AND PASSED SENATE. MAY 7, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF
H. R. 4967. MAY 10, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-36, 87 STAT. 72
TO AUTHORIZE FURTHER APPROPRIATIONS FOR THE OFFICE OF
ENVIRONMENTAL QUALITY, 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 205 OF THE
ENVIRONMENTAL QUALITY IMPROVEMENT ACT OF 1970 (42 U.S.C. 4374) IS
AMENDED TO READ AS FOLLOWS: //84 STAT. 115.//
"SEC. 205. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED FOR THE
OPERATIONS OF THE OFFICE OF ENVIRONMENTAL QUALITY AND THE COUNCIL ON
ENVIRONMENTAL QUALITY $1,500,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1974, AND $2,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975. //87
STAT. 73, 83 STAT. 856. 42 U.S.C. 4347.// THIS AUTHORIZATION IS IN
ADDITION TO THOSE CONTAINED IN PUBLIC LAW 91 - 190."
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 139 ACCOMPANYING H. R. 5932 (COMM. ON
MERCHANT MARINE AND FISHERIES).
SENATE REPORT NO. 93 - 126 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 30, CONSIDERED AND PASSED SENATE. MAY 8, CONSIDERED AND
PASSED HOUSE, IN LIEU OF
H. R. 5932.
PUBLIC LAW 93-35, 87 STAT. 72
TO AMEND THE EDUCATION AMENDMENTS OF 1972 TO EXTEND THE
AUTHORIZATION OF THE NATIONAL COMMISSION ON THE FINANCING OF
POSTSECONDARY EDUCATION AND THE PERIOD WITHIN WHICH IT MUST MAKE
ITS FINAL REPORT.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 140 (D) OF THE
EDUCATION AMENDMENTS OF 1972 IS AMENDED BY STRIKING OUT "APRIL 30, 1973"
AND INSERTING IN LIEU THEREOF "DECEMBER 31, 1973".
(B) SECTION 140 (H) OF SUCH ACT IS AMENDED BY STRIKING OUT "1973" AND
INSERTING IN LIEU THEREOF "1974).
(C) SECTION 140 (B) (1) OF SUCH ACT IS AMENDED BY STRIKING THE LAST
SENTENCE AND INSERTING IN LIEU THEREOF THE FOLLOIWNG: "UPON THE
SUBMISSION OF ITS FINAL REPORT REQUIRED BY SUBSECTION (D) THE COMMISSION
SHALL CEASE TO EXIST, EXCEPT THAT IT SHALL, IF NECESSARY, HAVE A
REASONABLE TIME (BUT NOT LATER THAN JUNE 30, 1974) TO TERMINATE THE
AFFAIRS OF THE COMMISSION." //86 STAT. 282. 20 U.S.C. 1070 NOTE.//
SEC. 2. IF THE APPROPRIATION FOR THE FISCAL YEAR 1973 FOR MAKING
PAYMENTS UNDER SUBPART 1 OF PART A OF TITLE IV OF THE HIGHER EDUCATION
ACT OF 1965 DOES NOT EXCEED $385,000,000, PAYMENTS UNDER SUCH SUBPART
FROM SUCH APPROPRIATION SHALL NOT BE PAID ON THE BASIS OF ANY
ENTITLEMENT FOR ANY STUDENT (1) WHO WAS IN ATTENDANCE, AS A REGULAR
STUDENT (AS DEFINED BY THE COMMISSIONER OF EDUCATION), AT AN INSTITUTION
OF HIGHER EDUCATION PRIOR TO JULY 1, 1973, OR (2) WHO IS IN ATTENDANCE
AT SUCH AN INSTITUTION ON LESS THAN A FULL-TIME BASIS. //86 STAT. 247.
20 U.S.C. 1070A.//
SEC. 3. THE PROVISIONS OF THIS JOINT RESOLUTION SHALL BE EFFECTIVE
ON AND AFTER MAY 1, 1973, AND SUCH PROVISIONS SHALL BE DEEMED TO BE
APPROVED MAY 16, 1973.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 37 (COMM. ON EDUCATION AND LABOR) AND
NO. 93 - 158 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 5, CONSIDERED AND PASSED HOUSE. APR. 18, CONSIDERED AND
PASSED SENATE, AMENDED. MAY 3, HOUSE RECEDED AND CONCURRED IN
SENATE AMENDMENT.
PUBLIC LAW 93-34, 87 STAT. 72
TO PROVIDE A TEMPORARY EXTENSION OF THE AUTHORIZATION FOR THE
PRESIDENT'S NATIONAL COMMISSION ON PRODUCTIVITY.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 4 (F) OF PUBLIC
LAW 92 - 210, APPROVED DECEMBER 22, 1971, IS AMENDED BY STRIKING OUT
"APRIL 30, 1973" AND INSERTING IN LIEU THEREOF "JUNE 30, 1973". //85
STAT. 755. 15 U.S.C. 1026.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 124 (COMM. ON BANKING, HOUSING AND URBAN
AFFIARS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 17, CONSIDERED AND PASSED SENATE. MAY 2, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-33, 87 STAT. 71
TO PROVIDE FOR THE STRIKING OF MEDALS IN COMMEMORATION OF
ROBERTO WALKER CLEMENTE.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, IN RECOGNITION OF
THE OUTSTANDING ATHLETIC, CIVIC, CHARITABLE, AND HUMANITARIAN
CONTRIBUTIONS OF ROBERTO WALKER CLEMENTE, THE SECRETARY OF THE TREASURY
IS AUTHORIZED AND DIRECTED TO STRIKE AND FURNISH TO THE CHAMBER OF
COMMERCE OF GREATER PITTSBURGH, PITTSBURGH, PENNSYLVANIA, (1) ONE GOLD
MEDAL, TO BE AWARDED AT THE DISCRETION OF SUCH ORGANIZATION, WITH
SUITABLE EMBLEMS, DEVICES, AND INSCRIPTIONS TO BE DETERMINED BY SUCH
ORGANIZATION SUBJECT TO THE APPROVAL OF THE SECRETARY OF THE TREASURY,
AND (2) NOT MORE THAN TWO HUNDRED THOUSAND DUPLICATE MEDALS OF SIZES AND
ALLOYS TO BE DETERMINED BY SUCH ORGANIZATION SUBJECT TO THE APPROVAL OF
THE SECRETARY OF THE TREASURY, TO BE MADE AND DELIVERED AT SUCH TIMES AS
MAY BE REQUIRED BY SUCH ORGANIZATION IN QUANTITIES OF NOT LESS THAN TWO
THOUSAND. ANY PROFITS DERIVED BY SUCH ORGANIZATION FROM THE SALE OF
SUCH MEDALS SHALL BE CONTRIBUTED BY SUCH ORGANIZATION TO THE ROBERTO
CLEMENTE MEMORIAL FUND, PITTSBURGH, PENNSYLVANIA. THE MEDALS ARE
NATIONAL MEDALS WITHIN THE MEANING OF SECTION 3551 OF THE REVISED
STATUTES (31 U.S.C. 368).
SEC. 2. THE SECRETARY OF THE TREASURY SHALL CAUSE SUCH MEDALS TO BE
STRUCK AND FURNISHED AT NOT LESS THAN THE ESTIMATED COST OF MANUFACTURE,
INCLUDING LABOR, MATERIALS, DIES, USE OF MACHINERY, AND OVERHEAD
EXPENSES, AND SECURITY SATISFACTORY TO THE DIRECTOR OF THE MINT, SHALL
BE FURNISHED TO INDEMNIFY THE UNITED STATES FOR THE FULL PAYMENT OF SUCH
COSTS.
SEC. 3. NO MEDALS SHALL BE MADE UNDER THE AUTHORITY OF THIS ACT
AFTER DECEMBER 31, 1974.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 133 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS);
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 27, CONSIDERED AND PASSED HOUSE. MAY 2, CONSIDERED AND
PASSED SENATE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9, NO. 20:
MAY 14, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-32, 87 STAT. 65
TO AMEND THE RURAL ELECTRIFICATION ACT OF 1936, AS AMENDED, TO
ESTABLISH A RURAL ELECTRIFICATION AND TELEPHONE REVOLVING FUND TO
PROVIDE ADEQUATE FUNDS FOR RURAL ELECTRIC AND TELEPHONE SYSTEMS
THROUGH INSURED AND GUARANTEED LOANS AT INTEREST RATES WHICH WILL
ALLOW THEM TO ACHIEVE THE OBJECTIVES OF THE ACT, AND FOR OTHER
PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT IT IS HEREBY
DECLARED TO BE THE POLICY OF THE CONGRESS THAT ADEQUATE FUNDS SHOULD BE
MADE AVAILABLE TO RURAL ELECTRIC AND TELEPHONE SYSTEMS THROUGH DIRECT,
INSURED AND GUARANTEED LOANS AT INTEREST RATES WHICH WILL ALLOW THEM TO
ACHIEVE THE OBJECTIVES OF THE RURAL ELECTRIFICATION ACT OF 1936, AS
AMENDED, AND THAT SUCH RURAL ELECTRIC AND TELEPHONE SYSTEMS SHOULD BE
ENCOURAGED AND ASSISTED TO DEVELOP THEIR RESOURCES AND ABILITY TO
ACHIEVE THE FINANCIAL STRENGTH NEEDED TO ENABLE THEM TO SATISFY THEIR
CREDIT NEEDS FROM THEIR OWN FINANCIAL ORGANIZATIONS AND OTHER SOURCES AT
REASONABLE RATES AND TERMS CONSISTENT WITH THE LOAN APPLICANT'S ABILITY
TO PAY AND ACHIEVEMENT OF THE ACT'S OBJECTIVES. THE RURAL
ELECTRIFICATION ACT OF 1936, AS AMENDED (7 U.S.C. 901 - 950 (B)), IS
THEREFORE FURTHER AMENDED AS HERINAFTER PROVIDED. //87 STAT. 66; 49
STAT. 1363.//
SEC. 2. TITLE III OF THE RURAL ELECTRIFICATION ACT OF 1936 AS
AMENDED, IS AMENDED BY STRIKING OUT ALL OF SECTIONS 301 AND 302 AND
INSERTING IN LIEU THEREOF THE FOLLOWING NEW SECTIONS: //85 STAT. 29. 7
U.S.C. 931, 932.//
"SEC. 301. RURAL ELECTRIFICATION AND TELEPHONE REVOLVING FUND. --
(A) THERE IS HEREBY ESTABLISHED IN THE TREASURY OF THE UNITED STATES A
FUND, TO BE KNOWN AS THE RURAL ELECTRIFICATION AND TELEPHONE REVOLVING
FUND (HEREINAFTER REFERRED TO AS THE 'FUND'), CONSISTING OF:
"(1) ALL NOTES, BONDS, OBLIGATIONS, LIENS, MORTGAGES, AND
PROPERTY DELIVERED OR ASSIGNED TO THE ADMINISTRATOR PURSUANT TO
LOANS HERETOFORE OR HEREAFTER MADE UNDER SECTIONS 4, 5, AND 201 OF
THIS ACT AND UNDER THIS TITLE, AS OF THE EFFECTIVE DATE OF THIS
TITLE, AS REVISED HEREIN, AND ALL PROCEEDS FROM THE SALES
HEREUNDER OF SUCH NOTES, BONDS, OBLIGATIONS, LIENS, MORTGAGES, AND
PROPERTY, WHICH SHALL BE TRANSFERRED TO AND BE ASSETS OF THE FUND;
//49 STAT. 1365., 63 STAT. 948; 85 STAT. 37. 7 U.S.C. 904, 905,
922.//
"(2) UNDISBURSED BALANCES OF ELECTRIC AND TELEPHONE LOANS MADE
UNDER SECTIONS 4, 5, AND 201, WHICH AS OF THE EFFECTIVE DATE OF
THIS TITLE, AS REVISED HEREIN, SHALL BE TRANSFERRED TO AND BE
ASSETS OF THE FUND;
"(3) NOTWITHSTANDING SECTION 3 (A) OF TITLE I, ALL COLLECTIONS
OF PRINCIPAL AND INTEREST RECEIVED ON AND AFTER JULY 1, 1972, ON
NOTES, BONDS, JUDGMENTS, OR OTHER OBLIGATIONS MADE OR HELD UNDER
TITLES I AND II OF THIS ACT AND UNDER THIS TITLE, EXCEPT FOR NET
COLLECTION PROCEEDS PREVIOUSLY APPROPRIATED FOR THE PURCHASE OF
CLASS A STOCK IN THE RURAL TELEPHONE BANK, WHICH SHALL BE PAID
INTO AND BE ASSETS OF THE FUND; //61 STAT. 546. 7 U.S.C. 903.; 49
49 STAT. 1363; 63 STAT. 948. 7 U.S.C. 901, 921.//
"(4) ALL APPROPRIATIONS FOR INTEREST SUBSIDIES AND LOSSES
REQUIRED UNDER THIS TITLE WHICH MAY HEREAFTER BE MADE BY THE
CONGRESS;
"(5) MONEYS BORROWED FROM THE SECRETARY OF THE TREASURY
PURSUANT TO SECTION 304 (A); AND //POST, P. 67.//
"(6) SHARES OF THE CAPITAL STOCK OF THE RURAL TELEPHONE BANK
PURCHASED BY THE UNITED STATES PURSUANT TO SECTION 406 (A) OF THIS
ACT AND MONEYS RECEIVED FROM SAID BANK UPON RETIREMENT OF SAID
SHARES OF STOCK IN ACCORDANCE WITH THE PROVISIONS OF TITLE IV OF
THIS ACT, WHICH SAID SHARES AND MONEYS SHALL BE ASSETS OF THE
FUND. //85 STAT. 33. 7 U.S.C. 946. 7 U.S.C. 941.//
"SEC. 302. LIABILITIES AND USES OF FUND. -- (A) THE NOTES OF THE
ADMINISTRATOR TO THE SECRETARY OF THE TREASURY TO OBTAIN FUNDS FOR LOANS
UNDER SECTIONS 4, 5, AND 201 OF THIS ACT, AND ALL OTHER LIABILITIES
AGAINST THE APPROPRIATIONS OR ASSETS IN THE FUND IN CONNECTION WITH
ELECTRIFICATION AND TELEPHONE LOAN OPERATIONS SHALL BE LIABILITIES OF
THE FUND, AND ALL OTHER OBLIGATIONS AGAINST SUCH APPROPRIATIONS OR
ASSETS IN THE FUND ARISING OUT OF ELECTRIFICATION AND TELEPHONE LOAN
OPERATIONS SHALL BE OBLIGATIONS OF THE FUND. //49 STAT. 1365. 63 STAT.
948; 85 STAT. 37. 7 U.S.C. 904, 905, 922. 87 STAT. 66.//
"(B) THE ASSETS OF THE FUN SHALL BE AVAILABLE ONLY FOR THE FOLLOWING
PURPOSES: //87 STAT. 67//
"(1) LOANS WHICH COULD BE INSURED UNDER THIS TITLE, AND FOR
ADVANCES IN CONNECTION WITH SUCH LOANS AND LOANS PREVIOUSLY MADE,
AS OF THE EFFECTIVE DATE OF THIS TITLE, AS REVISED HEREIN, UNDER
SECTIONS 4, 5, AND 201 OF THIS ACT;
"(2) PAYMENT OF PRINCIPAL WHEN DUE (WITHOUT INTEREST) ON
OUTSTANDING LOANS TO THE ADMINISTRATOR FROM THE SECRETARY OF THE
TREASURY FOR ELECTRIFICATION AND TELEPHONE PURPOSES PURSUANT TO
SECTION 3 (A) OF THIS ACT AND PAYMENT OF PRINCIPAL AND INTEREST
WHEN DUE ON LOANS TO THE ADMINISTRATOR FROM THE SECRETARY OF THE
TREASURY PURSUANT TO SECTION 304 (A) OF THIS TITLE; //61 STAT.
546. 7 U.S.C. 903. INFRA.//
"(3) PAYMENT OF AMOUNTS TO WHICH THE HOLDER OF NOTES IS
ENTITLED ON INSURED LOANS: PROVIDED, THAT PAYMENTS OTHER THAN
FINAL PAYMENTS NEED NOT BE REMITTED TO THE HOLDER UNTIL DUE OR
UNTIL THE NEXT AGREED ANNUAL, SEMIANNUAL, OR QUARTERLY REMITTANCE
DATE;
"(4) PAYMENT TO THE HOLDER OF INSURED NOTES OF ANY DEFAULTED
INSTALLMENT OR, UPON ASSIGNMENT OF THE NOTE TO THE ADMINISTRATOR
AT HIS REQUEST, THE ENTIRE BALANCE DUE ON THE NOTE;
"(5) PURCHASE OF NOTES IN ACCORDANCE WITH CONTRACTS OF
INSURANCE ENTERED INTO BY THE ADMINISTRATOR;
"(6) PAYMENT IN COMPLIANCE WITH CONTRACTS OF GUARANTEE;
"(7) PAYMENT OF TAXES, INSURANCE, PRIOR LIENS, EXPENSES
NECESSARY TO MAKE FISCAL ADJUSTMENTS IN CONNECTION WITH THE
APPLICATION, AND TRANSMITTAL OF COLLECTIONS OR NECESSARY TO OBTAIN
CREDIT REPORTS ON APPLICANTS OR BORROWERS, EXPENSES FOR NECESSARY
SERVICES, INCLUDING CONSTRUCTION INSPECTIONS, COMMERCIAL
APPRAISALS, LOAN SERVICING, CONSULTING BUSINESS ADVISORY OR OTHER
COMMERCAIL AND TECHNICAL SERVICES, AND OTHER PROGRAM SERVICES, AND
OTHER EXPENSES AND ADVANCES AUTHORIZED IN SECTION 7 OF THIS ACT IN
CONNECTION WITH INSURED LOANS. //49 STAT. 1365. 7 U.S.C. 907.//
SUCH ITEMS MAY BE PAID IN CONNECTION WITH GUARANTEED LOANS AFTER
OR IN CONNECTION WITH THE ACQUISITION OF SUCH LOANS OR SECURITY
THEREOF AFTER DEFAULT, TO THE EXTENT DETERMINED TO BE NECESSARY TO
PROTECT THE INTEREST OF THE GOVERNMENT OR IN CONNECTION WITH ANY
OTHER ACTIVITY AUTHORIZED IN THIS ACT;
"(8) PAYMENT OF THE PURCHASE PRICE AND ANY COSTS AND EXPENSES
INCURRED IN CONNECTION WITH THE PURCHASE, ACQUISITION, OR
OPERATION OF PROPERTY PURSUANT TO SECTION 7 OF THIS ACT.
"SEC. 303. DEPOSIT OF FUND MONEYS. -- MONEYS IN THE FUND SHALL
REMAIN ON DEPOSIT IN THE TREASURY OF THE UNITED STATES UNTIL DISBURSED.
"SEC. 304. FINANCIAL TRANSACTIONS OF THE UNFD. -- (A) THE
ADMINISTRATOR IS AUTHORIZED TO MAKE AND ISSUE INTERIM NOTES TO THE
SECRETARY OF THE TREASURY FOR THE PURPOSE OF OBTAINING FUNDS NECESSARY
FOR DISCHARGING OBLIGATIONS OF THE FUND AND FOR MAKING LOANS, ADVANCES
AND AUTHORIZED EXPENDITURES OUT OF THE FUND. SUCH NOTES SHALL BE IN
SUCH FORM AND DENOMINATIONS AND HAVE SUCH MATURITIES AND BE SUBJECT TO
SUCH TERMS AND CONDITIONS AS MAY BE AGREED UPON BY THE ADMINISTRATOR AND
THE SECRETARY OF THE TREASURY. SUCH NOTES SHALL BEAR INTEREST AT A RATE
FIXED BY THE SECRETARY OF THE TREASURY, TAKING INTO CONSIDERATION THE
CURRENT AVERAGE MARKET YEILD OF OUTSTANDING MARKETABLE ABLIGATIONS OF
THE UNITED STATES HAVING MATURITIES COMPARABLE TO THE NOTES ISSUED BY
THE ADMINISTRATOR UNDER THIS SECTION. THE SECRETARY OF THE TREASURY IS
AUTHORIZED AND DIRECTED TO PURCHASE ANY NOTES OF THE ADMINISTRATOR
ISSUED HEREUNDER, AND FOR THAT PURPOSE, THE SECRETARY OF THE TREASURY IS
AUTHORIZED TO USE AS A PUBLIC DEBT TRANSACTIONS THE PROCEEDS FROM THE
SALE OF ANY SECURITIES ISSUED UNDER THE SECOND LIBERTY BOND ACT, AS
AMENDED, AND THE PURPOSES FOR WHICH SUCH SECURITIES MAY BE ISSUED UNDER
SUCH ACT, AS AMENDED, ARE EXTENDED TO INCLUDE THE PURCHASE OF NOTES
ISSUED BY THE ADMINISTRATOR. //40 STAT. 288. 31 U.S.C. 774.// ALL
REDEMPTIONS PURCHASES, AND SALES BY THE SECRETARY OF THE TREASURY OF
SUCH NOTES SHALL BE TREATED AS PUBLIC DEBT TRANSACTIONS OF THE UNITED
STATES: PORVIDED, HOWEVER, THAT SUCH INTERIM NOTES TO THE SECRETARY OF
THE TREASURY SHALL NOT BE INCLUDED IN THE TOTALS OF THE BUDGET OF THE
UNITED STATES GOVERNMENT AND SHALL BE EXEMPT FROM ANY GENERAL LIMITATION
IMPOSED BY STATUTE ON EXPENDITURES AND NET LENDING (BUDGET OUTLAYS) OF
THE UNITED STATES.
"(B) THE SECRETARY OF THE TREASURY IS AUTHORIZED AND DIRECTED TO
PURCHASE FOR RESALE OBLIGATIONS INSURED THROUGH THE FUND WHEN OFFERED BY
THE ADMINISTRATOR. SUCH RESALES SHALL BE UPON SUCH TERMS AND CONDITIONS
AS THE SECRETARY OF THE TREASURY SHALL DETERMINE. PURCHASES AND RESALES
BY THE SECRETARY OF THE TREASURY HEREUNDER SHALL NOT BE INCLUDED IN THE
TOTALS OF THE BUDGET OF THE UNITED STATES GOVERNMENT AND SHALL BE EXEMPT
FROM ANY GENERAL LIMITATION IMPOSED BY STATUTE ON EXPENDITURES AND NET
LENDING (BUDGET OUTLAYS) OF THE UNITED STATES.
"(C) THE ADMINISTRATOR MAY, ON AN INSURED BASIS OR OTHERWISE, SELL
AND ASSIGN ANY NOTES IN THE FUND OR SELL CERTIFICATES OF BENEFICIAL
OWNERSHIP THEREIN TO THE SECRETARY OF THE TREASURY OR IN THE PRIVATE
MARKET. ANY SALE BY THE ADMINISTRATOR OF NOTES INDIVIDUALLY OR IN
BLOCKS SHALL BE TREATED AS A SALE OF ASSETS FOR THE PURPOSES OF THE
BUDGET AND ACCOUNTING ACT, 1921, NOTWITHSTANDING THE FACT THAT THE
ADMINISTRATOR, UNDER AN AGREEMENT WITH THE PURCHASER OR PURCHASERS,
HOLDS THE DEBT INSTRUMENTS EVIDENCING THE LOANS AND HOLDS OR REINVESTS
PAYMENTS THEREON AS TRUSTEE AND CUSTODIAN FOR THE PURCHASER OR
PURCHASERS OF THE INDIVIDUAL NOTE OR OF THE CERTIFICATE OF BENEFICIAL
OWNERSHIP IN A NUMBER OF SUCH NOTES. //42 STAT. 20. 31 U.S.C. 1.//
SECURITY INSTRUMENTS TAKEN BY THE ADMINISTRATOR IN CONNECTION WITH ANY
NOTES IN THE FUND MAY CONSTITUTE LIENS RUNNING TO THE UNITED STATES
NOTWITHSTANDING THE FACT THAT SUCH NOTES MAY BE THEREAFTER HELD BY
PURCHASERS THEREOF.
"SEC. 305. INSURED LOANS; INTEREST RATES AND LENDING LEVELS. -- (A)
THE ADMINISTRATOR IS AUTHORIZED TO MAKE INSURED LOANS UNDER THIS TITLE
AND AT THE INTEREST RATES HEREINAFTER PROVIDED TO THE FULL EXTENT OF THE
ASSETS AVAILABLE IN THE FUND, SUBJECT ONLY TO LIMITATIONS AS TO AMOUNTS
AUTHORIZED FOR LOANS AND ADVANCES AS MAY BE FROM TIME TO TIME IMPOSED BY
THE CONGRESS OF THE UNITED STATES FOR LOANS TO BE MADE IN ANY ONE YEAR,
WHICH AMOUNTS SHALL REMAIN AVAILABLE UNTIL EXPENDED: PROVIDED, THAT THE
CONGRESS IN THE ANNUAL APPROPRIATION ACT MAY ALSO AUTHORIZE THE TRANSFER
OF ANY EXCESS CASH IN THE FUND FOR DEPOSIT INTO THE TREASURY AS
MISCELLANEOUS RECEIPTS: AND PROVIDED FURTHER, THAT ANY SUCH LOANS AND
ADVANCES SHALL NOT BE INCLUDED IN THE TOTALS OF THE BUDGET OF THE UNITED
STATES GOVERNMENT AND SHALL BE EXEMPT FROM ANY GENERAL LIMITATION
IMPOSED BY STATUTE ON EXPENDITURES AND NET LENDING (BUDGET OUTLAYS) OF
THE UNITED STATES.
"(B) INSURED LOANS MADE UNDER THIS TITLE SHALL BEAR INTEREST AT
EITHER 2 PER CENTUM PER ANNUM (HEREINAFTER CALLED THE 'SPECIAL RATE'),
OR 5 PER CENTUM PER ANNUM (HEREINAFTER CALLED THE 'STANDARD RATE').
LOANS BEARING THE SPECIAL RATE SHALL BE AVAILABLE ONLY FOR AN ELECTRIC
OR TELEPHONE BORROWER WHICH MEETS EITHER OF THE FOLLOWING CONDITIONS:
"(1) HAS AN AVERAGE CONSUMER OR SUBSCRIBER DENSITY OF TWO OR
FEWER PER MILE, OR
"(2) HAS AN AVERAGE GROSS REVENUE PER MILE WHICH IS AT LEAST
$450 BELOW THE AVERAGE GROSS REVENUE PER MILE OF REA FINANCED
ELECTRIC SYSTEMS, IN THE CASE OF ELECTRIC BORROWERS, OR AT LEAST
$300 BELOW THE AVERAGE GROSS REVENUE PER MILE OF REA-FINANCED
TELEPHONE SYSTEMS, IN THE CASE OF TELEPHONE BORROWERS: PROVIDED,
HOWEVER, THAT THE ADMINISTRATOR MAY, IN HIS SOLE DISCRETION, MAKE
A LOAN AT THE SPECIAL RATE IF HE FINDS THAT THE BORROWER:
"(A) HAS EXPERIENCED EXTENUATING CIRCUMSTANCES OR EXTREME
HARDSHIP; OR
"(B) CANNOT, IN ACCORDANCE WITH GENERALLY ACCEPTED MANAGEMENT
AND ACCOUNTING PRINCIPLES, PRODUCE NET INCOME OR MARGINS BEFORE
INTEREST AT LEAST EQUAL TO 150 PER CENTUM OF ITS TOTAL INTEREST
REQUIREMENTS ON ALL OUTSTANDING AND PROPOSED LOANS WITH AN
INTEREST RATE GREATER THAN 2 PER CENTUM PER ANNUM ON THE ENTIRE
CURRENT LOAN, AND STILL MEET THE OBJECTIVES OF THE ACT, OR
"(C) CANNOT, IN ACCORDANCE WITH GENERALLY ACCEPTED MANAGEMENT
AND ACCOUNTING PRINCIPLES AND WITHOUT AN EXCESSIVE INCREASE IN THE
RATES CHARGED BY SUCH BORROWERS TO THEIR CONSUMERS OR SUBSCRIBERS,
PROVIDE SERVICE CONSISTENT WITH THE OBJECTIVES OF THE ACT.
"(C) LOANS MADE UNDER THIS SECTION SHALL BE INSURED BY THE
ADMINISTRATOR WHEN PURCHASED BY A LENDER. AS USED IN THIS ACT, AN
INSURED LOAN IS ONE WHICH IS MADE, HELD, AND SERVICED BY THE
ADMINISTRATOR, AND SOLD AND INSURED BY THE ADMINISTRATOR HEREUNDER;
SUCH LOANS AHLL BE SOLD AND INSURED BY THE ADMINISTRATOR WITHOUT UNDUE
DELAY.
"SEC. 306. GUARANTEED LOANS; ACCOMMODATION AND SUBORDINATION OF
LIENS. -- THE ADMINISTRATOR MAY PROVIDE FINANCIAL ASSISTANCE TO
BORROWERS FOR PURPOSES PROVIDED IN THE RURAL ELECTRIFICATION ACT OF
1936, AS AMENDED, BY GUARANTEEING LOANS, IN THE FULL AMOUNT THEREOF,
MADE BY THE RURAL TELEPHONE BANK, NATIONAL RURAL UTILITIES COOPERATIVE
FINANCE CORPORATION, AND ANY OTHER LEGALLY ORGANIZED LENDING AGENCY, OR
BY ACCOMMODATING OR SUBORDINATING LIENS OR MORTGAGES IN THE FUND HELD BY
THE ADMINISTRATOR AS OWNER OR AS TRUSTEE OR CUSTODIAN FOR PURCHASES OF
NOTES FROM THE FUND, OR BY ANY COMBINATION OF SUCH GUARANTEE,
ACCOMMODATION, OR SUBORDINATION. //49 STAT. 1363; 85 STAT. 29. 7 U.S.
C. 901.// NO FEES OR CHARGES SHALL BE ASSESSED FOR ANY SUCH GUARANTEE,
ACCOMMODATION, OR SUBORDINATION. GUARANTEED LOANS SHALL BEAR INTEREST
AT THE RATE AGREED UPON BY THE BORROWER AND THE LENDER. GUARANTEED
LOANS, AND ACCOMMODATION AND SUBORDIANTION OF LIENS OR MORTGAGES, MAY BE
MADE CONCURRENTLY WITH A LOAN INSURED AT THE STANDARD RATE. THE AMOUNT
OF GUARANTEED LOANS SHALL BE SUBJECT ONLY TO SUCH LIMITATIONS AS TO
AMOUNTS AS MAY BE AUTHORIZED FROM TIME TO TIME BY THE CONGRESS OF THE
UNITED STATES: PROVIDED, THAT ANY AMOUNTS GUARANTEED HEREUNDER SHALL
NOT BE INCLUDED IN THE TOTALS OF THE BUDGET OF THE UNITED STATES
GOVERNMENT AND SHALL BE EXEMPT FROM ANY GENERAL LIMITATION IMPOSED BY
STATUTE ON EXPENDITURES AND NET LENDING (BUDGET OUTLAYS) OF THE UNITED
STATES. AS USED IN THIS TITLE A GUARANTEED LOAN IN ONE WHICH IS MADE,
HELD, AND SERVICED BY A LEGALLY ORGANIZED LENDING AGENCY AND WHICH IS
GUARANTEED BY THE ADMINISTRATOR HEREUNDER.
"SEC. 307. OTHER FINANCING. -- WHEN IT APPEARS TO THE ADMINISTRATOR
THAT THE LOAN APPLICANT IS ABLE TO OBTAIN A LOAN FOR PART OF HIS CREDIT
NEEDS FROM A RESPONSIBLE COOPERATIVE OR OTHER CREDIT SOURCE AT
REASONABLE RATES AND TERMS CONSISTENT WITH THE LOAN APPLICANT'S ABILITY
TO PAY AND THE ACHIEVEMENT OF THE ACT'S OBJECTIVES, HE MAY REQUEST THE
LOAN APPLICANT TO APPLY FOR AND ACCEPT SUCH A LOAN CONCURRENTLY WITH A
LOAN INSURED AT THE STANDARD RATE, SUBJECT, HOWEVER, TO FULL USE BEING
MADE BY THE ADMINISTRATOR OF THE FUNDS MADE AVAILABLE HEREUNDER FOR SUCH
INSURED LOANS UNDER THIS TITLE.
"SEC. 308. FULL FIATH AND CREDIT OF THE UNITED STATES. -- ANY
CONTRACT OF INSURANCE OR GUARANTEE EXECUTED BY THE ADMINISTRATOR UNDER
THIS TITLE SHALL BE AN OBLIGATION SUPPORTED BY THE FULL FAITH AND CREDIT
OF THE UNITED STATES AND INCONTESTABLE EXCEPT FOR FRAUD OR
MISREPRESENTATION OF WHICH THE HOLDER HAS ACTUAL KNOWLEDGE.
"SEC. 309. LOAN TERMS AND CONDITIONS. -- LOANS MADE FROM OR INSURED
THROUGH THE FUND SHALL BE FOR THE SAME PURPOSES AND ON THE SAME TERMS
AND CONDITIONS AS ARE PROVIDED FOR LOANS IN TITLES I AND II OF THIS ACT
EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 303 AND 308 INCLUSIVE. //49
STAT. 1363; 63 STAT. 948. 7 U.S.C. 901, 922.//
"SEC. 310. REFINANCING OF RURAL DEVELOPMENT ACT LOANS. -- AT THE
REQUEST OF THE BORROWER, THE ADMINISTRATOR IS AUTHORIZED AND DIRECTED TO
REFINANCE WITH LOANS WHICH WILL BE INSURED UNDER THIS ACT AT THE
INTEREST RATES PROVIDED IN SECTION 305 ANY LOANS MADE FOR RURAL ELECTRIC
AND TELEPHONE FACILITIES UNDER ANY PROVISION OF THE CONSOLIDATED FARM
AND RURAL DEVELOPMENT ACT." //ANTE, P. 67. ANTE, P. 68. 86 STAT. 657.
7 U.S.C. 1921 NOTE.//
SEC. 3. SECTION 3 (F) OF THE RURAL ELECTRIFICATION ACT OF 1936, AS
AMENDED IS REPEALED. //7 U.S.C. 903. 85 STAT. 32. 7 U.S.C. 945.//
SEC. 4. SECTION 405 OF THE RURAL ELECTRIFICATION ACT OF 1936, AS
AMENDED, IS FURTHER AMENDED BY STRIKING SUBSECTION (E) IN ITS ENTIRETY
AND BY INSERTING IN LIEU THEREOF A NEW SUBSECTION (E), AS FOLLOWS:
"(E) THEREAFTER, THE COOPERATIVE-TYPE ENTITIES AND ORGANIZATIONS
HOLDING CLASS B AND CLASS C STOCK, VOTING AS A SEPARATE CLASS, SHALL
ELECT THREE DIRECTORS TO REPRESENT THEIR CLASS BY A MAJORITY VOTE OF THE
STOCKHOLDERS VOTING IN SUCH CLASS; AND THE COMMERCIAL-TYPE ENTITIES AND
ORGANIZATIONS HOLDING CLASS B AND CLASS C STOCK, VOTING AS A SEPARATE
CLASS, SHALL ELECT THREE DIRECTORS TO REPRESENT THEIR CLASS BY A
MAJORITY VOTE OF THE STOCKHOLDERS VOTING IN SUCH CLASS. LIMITED PROXY
VOTING MAY BE PERMITTED, AS AUTHORIZED BY THE BYLAWS OF THE TELEPHONE
BANK. CUMULATIVE VOTING SHALL NOT BE PERMITTED."
SEC. 5. THE SECOND SENTENCE OF SECTION 406 (A) OF THE RURAL
ELECTRIFICATION ACT OF 1936, AS AMENDED, IS FURTHER AMENDED BY STRIKING
"FROM NET COLLECTION PROCEEDS IN THE RURAL TELEPHONE ACCOUNT CREATED
UNDER TITLE III OF THIS ACT" IMMEDIATELY AFTER THE WORD "APPROPRIATED".
//85 STAT. 33. 7 U.S.C. 946.//
SEC. 6. SUBSECTION (A) OF SECTION 407 OF THE RURAL ELECTRIFICATION
ACT OF 1936, AS AMENDED, IS AMENDED BY STRIKING OUT "EIGHT" IN THE
SECOND SENTENCE AND INSERTING IN LIEU THEREOF "TWENTY", AND BY STRIKING
OUT ALL OF THE THIRD SENTENCE. //85 STAT. 34; 86 STAT. 390. 7 U.S.C.
947.//
SEC. 7. SECTION 407 OF THE RURAL ELECTRIFICATION ACT OF 1936, AS
AMENDED, IS AMENDED BY ADDING A NEW SUBSECTION (C) AS FOLLOWS:
"(C) PURCHASES AND RESALES BY THE SECRETARY OF THE TREASURY AS
AUTHORIZED IN SUBSECTION (B) OF THIS SECTION SHALL NOT BE INCLUDED IN
THE TOTALS OF THE BUDGET OF THE UNITED STATES GOVERNMENT AND SHALL BE
EXEMPT FROM ANY GENERAL LIMITATION IMPOSED BY STATUTE ON EXPENDITURES
AND NET LENDING (BUDGET OUTLAYS) OF THE UNITED STATES."
SEC. 8. SUBSECTION (A) OF SECTION 408 OF THE RURAL ELECTRIFICATION
ACT OF 1936, AS AMENDED, IS AMENDED (A) BY INSERTING THE WORDS "OR WHICH
HAVE BEEN CERTIFIED BY THE ADMINISTRATOR TO BE ELIGIBLE FOR SUCH A LOAN
OR LOAN COMMITMENT," IMMEDIATELY FOLLOWING THE TERM "THIS ACT," WHERE IT
FIRST APPEARS; AND (B) BY ADDING AT THE END THEREOF THE FOLLOWING
SENTENCE: "LOANS AND ADVANCES MADE UNDER THIS SECTION SHALL NOT BE
INCLUDED IN THE TOTALS OF THE BUDGET OF THE UNITED STATES GOVERNMENT AND
SHALL BE EXEMPT FROM ANY GENERAL LIMITATION IMPOSED BY STATUTE ON
EXPENDITURES AND NET LENDING (BUDGET OUTLAYS) OF THE UNITED STATES." //7
U.S.C. 948.//
SEC. 9. SUBSECTION (B) OF SECTION 408 OF THE RURAL ELECTRIFICATION
ACT OF 1936, AS AMENDED, IS AMENDED BY STRIKING OUT ALL OF PARAGRAPH (3)
AND INSERTING IN LIEU THEREOF A NEW PARAGRAPH (3) READING: //85 STAT.
35. 7 U.S.C. 948.//
"(3) LOANS UNDER THIS SECTION SHALL BEAR INTEREST AT THE 'COST OF
MONEY RATE'. THE COST OF MONEY RATE IS DEFINED AS THE AVERAGE COST OF
MONEYS TO THE TELEPHONE BANK AS DETERMINED BY THE GOVERNOR, BUT NOT LESS
THAN 5 PER CENTUM PER ANNUM."
SEC. 10. NO FUNDS PROVIDED UNDER THE RURAL ELECTRIFICATION ACT OF
1936, AS AMENDED, SHALL BE USED OUTSIDE THE UNITED STATES OR ANY OF ITS
TERRITORIES.
SEC. 11. THE RIGHT TO REPEAL, ALTER, OR AMEND THIS ACT IS EXPRESSLY
RESERVED.
SEC. 12. THIS ACT SHALL TAKE EFFECT UPON ENACTMENT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 91 ACCOMPANYING H. R. 5683 (COMM. ON
AGRICULTURE) AND NO. 93 - 169 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 20 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 20, 21, CONSIDERED AND PASSED SENATE. APR. 4, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF
H. R. 5683. MAY 9, SENATE AGREED TO CONFERENCE REPORT. MAY
10, HOUSE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9, NO. 19:
MAY 11, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-31, 87 STAT. 65
TO AMEND SECTION 236 OF THE CENTRAL INTELLIGENCE AGENCY
RETIREMENT ACT OF 1964 FOR CERTAIN EMPLOYEES TO LIMIT THE NUMBER
OF EMPLOYEES THAT MAY BE RETIRED UNDER SUCH ACT DURING SPECIFIED
PERIODS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SEDTION 236 OF THE
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT OF 1964 FOR CERTAIN
EMPLOYEES, AS AMENDED (78 STAT. 1043; 50 U.S.C. 403 NOTE), IS AMENDED
BY (1) STRIKING OUT "EIGHT HUNDRED" AND INSERTIN IN LIEU THEREOF
"TWENTY-ONE HUNDRED", AND (2) STRIKING OUT THE PERIOD AT THE END OF SUCH
SECTION AND INSERTING IN LIEU THEREOF A COMMA AND THE FOLLOWING: "NOR A
TOTAL OF FIFTEEN HUNDRED DURING THE PERIOD BEGINNING ON JULY 1, 1974,
AND ENDING ON JUNE 30, 1979." //84 STAT. 1873.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 134 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 105 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 10, CONSIDERED AND PASSED SENATE. APR. 30, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-30, 87 STAT 65.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PRESIDENT IS
AUTHORIZED AND REQUESTED TO ISSUE A PROCLAMATION--,
(1) DESIGNATING THE CALENDAR WEEK BEGINNING MAY 6, 1973, AS
"NATIONAL HISTORIC PRESERVATION WEEK"; AND
(2) URGING FEDERAL, STATE, AND LOCAL GOVERNMENT AGENCIES, AS
WELL AS CITIZENS AND PRIVATE ORGANIZATIONS, ESPECIALLY THE
PRESERVATION ORGANIZATIONS, HISTORICAL SOCIETIES, AND RELATED
GROUPS, TO OBSERVE THAT WEEK WITH EDUCATIONAL EFFORTS, CEREMONIES,
AND OTHER APPROPRIATE ACTIVITIES WHICH--,
(A) ARE DESIGNED TO CALL PUBLIC ATTENTION TO THE URGENT NEED TO
HAVE OUR HISTORIC LANDMARKS FOR THE ENJOYMENT AND EDIFICATION OF
THE CITIZENS OF THIS NATION, PRESENT AND FUTURE; AND
(B) WILL DEMONSTRATE LASTING RESPECT FOR THIS UNIQUE HERITAGE.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 109 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 11, CONSIDERED AND PASSED SENATE.
MAY 2, CONSIDERED AND PASSED HOUSE, AMENDED.
MAY 3, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-29, 87 STAT. 30, OLDER AMERICANS COMPREHENSIVE SERVICE
AMENDMENTS OF 1973. (TITLES IV THRU IX)
SEC. 401. THE OLDER AMERICANS ACT OF 1965 IS AMENDED BY STRIKING OUT
TITLES IV AND V AND BY INSERTING IMMEDIATELY AFTER TITLE III THE
FOLLOWING NEW TITLE: //79 STAT. 224; 83 STAT. 111., 42 U.S.C. 3031,
3041.//
"SEC. 401. THE PURPOSE OF THIS PART IS TO IMPROVE THE QUALITY OF
SERVICE AND TO HELP MEET CRITICAL SHORTAGES OF ADEQUATELY TRAINED
PERSONNEL FOR PROGRAMS IN THE FIELD OF AGING BY (1) DEVELOPING
INFORMATION ON THE ACTUAL NEEDS FOR PERSONNEL TO WORK IN THE FIELD OF
AGING, BOTH PRESENT AND LONG RANGE; (2) PROVIDING A BROAD RANGE OF
QUALITY TRAINING AND RETRAINING OPPORTUNITIES, RESPONSIVE TO CHANGING
NEEDS OF PROGRAMS IN THE FIELD OF AGING; (3) ATTRACTING A GREATER
NUMBER OF QUALIFIED PERSONS INTO THE FIELD OF AGING; AND (4) HELPING TO
MAKE PERSONNEL TRAINING PROGRAMS MORE RESPONSIVE TO THE NEED FOR TRAINED
PERSONNEL IN THE FIELD OF AGING.
"SEC. 402. (A) THE COMMISSIONER SHALL FROM TIME TO TIME APPRAISE THE
NATION'S EXISTING AND FUTURE PERSONNEL NEEDS IN THE FIELD OF AGING, AT
ALL LEVELS AND IN ALL TYPES OF PROGRAMS, AND THE ADEQUACY OF THE
NATION'S EFFORTS TO MEET THESE NEEDS. IN DEVELOPING INFORMATION
RELATING TO PERSONNEL NEEDS IN THE FIELD OF AGING, THE COMMISSIONER
SHALL CONSULT WITH, AND MAKE MAXIMUM UTILIZATION OF STATISTICAL AND
OTHER RELATED INFORMATION OF THE DEPARTMENT OF LABOR, THE VETERANS'
ADMINISTRATION, THE OFFICE OF EDUCATION, FEDERAL COUNCIL ON THE AGING,
THE NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES, STATE EDUCATIONAL
AGENCIES, OTHER STATE AND LOCAL PUBLIC AGENCIES, AND OFFICES DEALING
WITH PROBLEMS OF THE AGING, STATE EMPLOYMENT SECURITY AGENCIES, AND
OTHER APPROPRIATE PUBLIC AND PRIVATE AGENCIES.
"(B) THE COMMISSIONER SHALL PREPARE AND PUBLISH ANNUALLY AS A PART OF
THE ANNUAL REPORT PROVIDED IN SECTION 208 A REPORT ON THE PROFESSIONS
DEALING WITH THE PROBLEMS OF THE AGING, IN WHICH HE SHALL PRESENT IN
DETAIL HIS VIEW ON THE STATE OF SUCH PROFESSIONS AND THE TRENDS WHICH HE
DISCERNS WITH RESPECT TO THE FUTURE COMPLEXION OF PROGRAMS FOR THE AGING
THROUGHOUT THE NATION AND THE FUNDS AND THE NEEDS OF WELL-EDUCATED
PERSONNEL TO STAFF SUCH PROGRAMS. THE REPORT SHALL INDICATE THE
COMMISSIONER'S PLANS CONCERNING THE ALLOCATION OF FEDERAL ASSISTANCE
UNDER THIS TITLE IN RELATION TO THE PLANS AND PROGRAMS OF OTHER FEDERAL
AGENCIES.
"SEC. 403. THE COMMISSIONER MAY MAKE GRANTS TO STATE AGENCIES
REFERRED TO IN SECTION 304, STATE OR LOCAL EDUCATIONAL AGENCIES,
INSTITUTIONS OF HIGHER EDUCATION, OR OTHER PUBLIC OR NONPROFIT PRIVATE
AGENCIES, ORGANIZATIONS, OR INSTITUTIONS, AND HE MAY ENTER INTO
CONTRACTS WITH ANY AGENCY, INSTITUTION, OR ORGANIZATION FOR THE PURPOSE
OF --
"(1) PUBLICIZING AVAILABLE OPPORTUNITIES FOR CAREERS IN THE
FIELD OF AGING;
"(2) ENCOURAGING QUALIFIED PERSONS TO ENTER OR REENTER THE
FIELD OF AGING;
"(3) ENCOURAGING ARTISTS, CRAFTSMEN, ARTISANS, SCIENTISTS, AND
PERSONS FROM OTHER PROFESSIONS AND VOCATIONS AND HOMEMAKERS, TO
UNDERTAKE ASSIGNMENTS ON A PART-TIME BASIS OR FOR TEMPORARY
PERIODS IN THE FIELD OF AGING; OR
"(4) PREPARING AND DISSEMINATING MATERIALS, INCLUDING
AUDIO-VISUAL MATERIALS AND PRINTED MATERIALS, FOR USE IN
RECRUITMENT AND TRAINING OF PERSONS EMPLOYED OR PREPARING FOR
EMPLOYMENT IN CARRYING OUT PROGRAMS RELATED TO THE PURPOSES OF
THIS ACT.
"SEC. 404. (A) THE COMMISSIONER MAY MAKE GRANTS TO ANY PUBLIC OR
NONPROFIT PRIVATE AGENCY, ORGANIZATION, OR INSTITUTION OR WITH STATE
AGENCIES REFERRED TO IN SECTION 304, OR CONTRACTS WITH ANY AGENCY,
ORGANIZATION, OR INSITUTION, TO ASSIST THEM IN TRAINING PERSONS WHO ARE
EMPLOYED OR PREPARING FOR EMPLOYMENT IN FIELDS RELATED TO THE PURPOSES
OF THIS ACT --
"(1) TO ASSIST IN COVERING THE COST OF COURSES OF TRAINING OR
STUDY (INCLUDING SHORT-TERM OR REGULAR SESSION INSTITUTES AND
OTHER INSERVICE AND PRESERVICE TRAINING PROGRAMS),
"(2) FOR ESTABLISHING AND MAINTAINING FELLOWSHIPS TO TRAIN
PERSONS TO BE SUPERVISORS OR TRAINERS OF PERSONS EMPLOYED OR
PREPARING FOR EMPLOYMENT IN FIELDS RELATED TO THE PURPOSES OF THIS
ACT,
"(3) FOR SEMINARS, CONFERENCES, SYMPOSIUMS, AND WORKSHOPS IN
THE FIELD OF AGING, INCLUDING THE CONDUCT OF CONFERENCES AND OTHER
MEETINGS FOR THE PURPOSES OF FACILITATING EXCHANGE OF INFORMATION
AND STIMULATING NEW APPROACHES WITH RESPECT TO ACTIVITIES RELATED
TO THE PURPOSES OF THIS ACT,
"(4) FOR THE IMPROVEMENT OF PROGRAMS FOR PREPARING PERSONNEL
FOR CAREERS IN THE FIELD OF AGING, INCLUDING DESIGN, DEVELOPMENT,
AND EVALUATION OF EXEMPLARY TRAINING PROGRAMS, INTRODUCTION OF
HIGH QUALITY AND MORE EFFECTIVE CURRICULA AND CURRICULA MATERIALS,
AND
"(5) THE PROVISION OF INCREASED OPPORTUNITIES FOR PRACTICAL
EXPERIENCE.
"(B) THE COMMISSIONER MAY INCLUDE IN THE TERMS OF ANY CONTRACT OR
GRANT UNDER THIS PART PROVISIONS AUTHORIZING THE PAYMENT, TO PERSONS
PARTICIPATING IN TRAINING PROGRAMS SUPPORTED UNDER THIS PART, OF SUCH
STIPENDS (INCLUDING ALLOWANCES FOR SUBSISTENCE AND OTHER EXPENSES FOR
SUCH PERSONS AND THEIR DEPENDENTS) AS HE DETERMINES TO BE CONSISTENT
WITH PREVAILING PRACTICES UNDER COMPARABLE FEDERALLY SUPPORTED PROGRAMS.
WHERE THE COMMISSIONER PROVIDES FOR THE USE OF FUNDS UNDER THIS SECTION
FOR FELLOWSHIPS, HE SHALL (IN ADDITION TO STIPENDS FOR THE RECIPIENTS)
PAY TO COLLEGES OR UNIVERSITIES IN WHICH THE FELLOWSHIP IS BEING PURSUED
SUCH AMOUNTS AS THE COMMISSIONER SHALL DETERMINE TO BE CONSISTENT WITH
PREVAILING PRACTICES UNDER COMPARABLE FEDERALLY SUPPORTED PROGRAMS.
"SEC. 411. THE COMMISSIONER MAY MAKE GRANTS TO ANY PUBLIC OR
NONPROFIT PRIVATE AGENCY, ORGANIZATION, OR INSTITUTION AND CONTRACTS
WITH ANY AGENCY, ORGANIZATION, OR INSTITUTION OR WITH ANY INDIVIDUAL FOR
THE PURPOSE OF --
"(1) STUDYING CURRENT PATTERNS AND CONDITIONS OF LIVING OF
OLDER PERSONS AND IDENTIFYING FACTORS WHICH ARE BENEFICIAL OR
DETRIMENTAL TO THE WHOLESOME AND MEANINGFUL LIVING OF SUCH
PERSONS;
"(2) DEVELOPING OR DEMONSTRATING NEW APPROACHES, TECHNIQUES,
AND METHODS (INCLUDING THE USE OF MULTIPURPOSE CENTERS) WHICH HOLD
PROMISE OF SUBSTANTIAL CONTRIBUTION TOWARD WHOLESOME AND
MEANINGFUL LIVING FOR OLDER PERSONS;
"(3) DEVELOPING OR DEMONSTRATING APPROACHES, METHODS, AND
TECHNIQUES FOR ACHIEVING OR IMPROVING COORDINATION OF COMMUNITY
SERVICES FOR OLDER PERSONS;
"(4) EVALUATING THESE APPROACHES, TECHNIQUES, AND METHODS, AS
WELL AS OTHERS WHICH MAY ASSIST OLDER PERSONS TO ENJOY WHOLESOME
AND MEANINGFUL LIVES AND TO CONTINUE TO CONTRIBUTE TO THE STRENGTH
AND WELFARE OF OUR NATION;
"(5) COLLECTING AND DISSEMINATING, THROUGH PUBLICATIONS AND
OTHER APPROPRIATE MEANS, INFORMATION CONCERNING RESEARCH FINDINGS,
DEMONSTRATION RESULTS, AND OTHER MATERIALS DEVELOPED IN CONNECTION
WITH ACTIVITIES ASSISTED UNDER THIS PART; OR
"(6) CONDUCTING CONFERENCES AND OTHER MEETINGS FOR THE PURPOSES
OF FACILITATING EXCHANGE OF INFORMATION AND STIMULATING NEW
APPROACHES WITH RESPECT TO ACTIVITIES RELATED TO THE PURPOSES OF
THIS PART.
"SEC. 412. (A) THE COMMISSIONER SHALL, AFTER CONSULTATION WITH THE
SECRETARY OF TRANSPORTATION AND THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT, CONDUCT A COMPREHENSIVE STUDY AND SURVEY OF THE
TRANSPORTATION PROBLEMS OF OLDER AMERICANS WITH EMPHASIS UPON SOLUTIONS
THAT ARE PRACTICABLE AND CAN BE IMPLEMENTED IN A TIMELY FASHION. IN
CONDUCTING THE STUDY AND SURVEY, THE COMMISSIONER SHALL CONSIDER --
"(1) THE USE OF ALL COMMUNITY TRANSPORTATION FACILITIES
PARTICULARLY PUBLIC TRANSPORTATION SYSTEMS, THE POSSIBLE USE OF
SCHOOL BUSES, AND EXCESS DEPARTMENT OF DEFENSE VEHICLES; AND
"(2) THE NEED FOR REVISED AND IMPROVED PROCEDURES FOR OBTAINING
MOTOR VEHICLE INSURANCE BY OLDER AMERICANS TO BE IMPLEMENTED FOR
USE IN A COORDINATED TRANSPORTATION SYSTEM.
"(B) IN CONNECTION WITH THE STUDY REQUIRED BY SUBSECTION (A), THE
COMMISSIONER, IN COORDINATION WITH THE SECRETARY OF TRANSPORTATION AND
THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, SHALL CONDUCT RESEARCH
AND DEMONSTRATION PROJECTS, EITHER DIRECTLY OR BY GRANTS OR CONTRACTS
WITH PUBLIC OR PRIVATE NONPROFIT AGENCIES AND ORGANIZATIONS, IN ORDER TO
--
"(1) DEMONSTRATE POSSIBLE SOLUTIONS OF ECONOMIC AND SERVICE
ASPECT OF FURNISHING ADEQUATE TRANSPORTATION TO OLDER PERSONS IN
RURAL AND URBAN AREAS INCLUDING TRANSPORTATION SERVICES FURNISHED
BY SOCIAL SERVICE AGENCIES;
"(2) DEMONSTRATE IMPROVEMENT OF TRANSPORTATION SERVICES
AVAILABLE TO OLDER PERSONS WITH EMPHASIS ON (A) ESTABLISHING
SPECIAL TRANSPORTATION SUBSYSTEMS FOR OLDER PERSONS OR SIMILAR
GROUPS WITH SIMILAR MOBILITY RESTRICTIONS, (B) PROVIDING
PORTAL-TO-PORTAL SERVICE AND DEMAND ACTUATED SERVICES, (C) MAKING
PAYMENTS DIRECTLY TO OLDER PERSONS TO ENABLE THEM TO OBTAIN
REASONABLE AND NECESSARY TRANSPORTATION SERVICES;
"(3) DEMONSTRATE IMPROVED COORDINATION BETWEEN TRANSPORTATION
SYSTEMS AND SOCIAL SERVICE DELIVERY SYSTEMS; AND
"(4) DEMONSTRATE INNOVATIVE SOLUTIONS FOR OTHER SPECIAL
TRANSPORTATION PROBLEMS CONFRONTING OLDER AMERICANS.
"(C) AT LEAST HALF OF THE PROJECTS AUTHORIZED UNDER SUBSECTION (B) OF
THIS SECTION SHALL BE CONDUCTED IN STATES THAT ARE PREDOMINANTLY RURAL
IN CHARACTER.
"(D) NOT LATER THAN JANUARY 1, 1975, THE COMMISSIONER SHALL PREPARE
AND TRANSMIT TO THE SECRETARY, TO THE PRESIDENT, AND TO THE CONGRESS, A
REPORT ON HIS FINDINGS AND RECOMMENDATIONS, INCLUDING A PLAN FOR
IMPLEMENTATION OF IMPROVED TRANSPORTATION SERVICES FOR OLDER AMERICANS
AND RECOMMENDATIONS FOR ADDITIONAL LEGISLATION, ADMINISTRATIVE AND OTHER
MEASURES TO PROVIDE SOLUTIONS TO THE TRANSPORTATION PROBLEMS OF OLDER
AMERICANS NOT LATER THAN JANUARY 1, 1975, AS HE DEEMS ADVISABLE.
"(E) IN CARRYING OUT THE STUDY AND SURVEY, AND THE DEMONSTRATION AND
RESEARCH PROJECTS UNDER THIS SECTION, THE COMMISSIONER IS AUTHORIZED TO
--
"(1) PROCURE TEMPORARY OR INTERMITTENT SERVICES OF EXPERTS AND
CONSULTANTS IN ACCORDANCE WITH SECTION 3109 OF TITLE 4, UNITED
STATES CODE, AND //80 STAT. 416.//
"(2) SECURE DIRECTLY FROM ANY EXECUTIVE DEPARTMENT, BUREAU,
AGENCY, BOARD, COMMISSION, OFFICE, INDEPENDENT ESTABLISHMENT OR
INSTRUMENTALITY INFORMATION, SUGGESTIONS ESTIMATES, AND STATISTICS
FOR THE PURPOSE OF THIS SECTION; AND EACH SUCH DEPARTMENT,
BUREAU, AGENCY, BOARD, COMMISSION, OFFICE, INDEPENDENT
ESTABLISHMENT OR INSTRUMENTALITY IS AUTHORIZED AND DIRECTED, TO
THE EXTENT PERMITTED BY LAW, TO FURNISH SUCH INFORMATION,
SUGGESTIONS, ESTIMATES, AND STATISTICS DIRECTLY TO THE
COMMISSIONER UPON REQUEST MADE BY HIM.
"SEC. 421. THE COMMISSIONER MAY MAKE GRANTS TO PUBLIC AND PRIVATE
NONPROFIT AGENCIES, ORGANIZATIONS, AND INSTITUTIONS FOR THE PURPOSE OF
ESTABLISHING OR SUPPORTING MULTIDISCIPLINARY CENTERS OF GERONTOLOGY. A
GRANT MAY BE MADE UNDER THIS SECTION ONLY IF THE APPLICATION THEREFOR --
"(1) PROVIDES SATISFACTORY ASSURANCE THAT THE APPLICANT WILL
EXPEND THE FULL AMOUNT OF THE GRANT TO ESTABLISH OR SUPPORT A
MULTIDISCIPLINARY CENTER OF GERONTOLOGY WHICH SHALL --
"(A) RECRUIT AND TRAIN PERSONNEL AT THE PROFESSIONAL AND
SUBPROFESSIONAL LEVELS,
"(B) CONDUCT BASIC AND APPLIED RESEARCH ON WORK, LEISURE, AND
EDUCATION OF OLDER PEOPLE, LIVING ARRANGEMENTS OF OLDER PEOPLE,
SOCIAL SERVICES FOR OLDER PEOPLE, THE ECONOMICS OF AGING, AND
OTHER RELATED AREAS,
"(C) PROVIDE CONSULTATION TO PUBLIC AND VOLUNTARY ORGANIZATIONS
WITH RESPECT TO THE NEEDS OF OLDER PEOPLE AND IN PLANNING AND
DEVELOPING SERVICES FOR THEM,
"(D) SERVE AS A REPOSITORY OF INFORMATION AND KNOWLEDGE WITH
RESPECT TO THE AREAS FOR WHICH IT CONDUCTS BASIC AND APPLIED
RESEARCH,
"(E) STIMULATE THE INCORPORATION OF INFORMATION ON AGING INTO
THE TEACHING OF BIOLOGICAL, BEHAVIORAL, AND SOCIAL SCIENCES AT
COLLEGES OR UNIVERSITIES,
10)"(F) HELP TO DEVELOP TRAINING PROGRAMS ON AGING IN
SCHOOLS OF SOCIAL WORK, PUBLIC HEALTH, HEALTH CARE ADMINISTRATION,
EDUCTION, AND IN OTHER SUCH SCHOOLS AT COLLEGES AND UNIVERSITIES,
AND
"(G) CREATE OPPORTUNITIES FOR INNOVATIVE, MULTIDISCIPLINARY
EFFORTS IN TEACHING, RESEARCH, AND DEMONSTRATION PROJECTS WITH
RESPECT TO AGING;
"(2) PROVIDES FOR SUCH FISCAL CONTROL AND FUND ACCOUNTING PROCEDURES
AS MAY BE NECESSARY TO ASSURE PROPER DISBURSEMENT OF AND ACCOUNTING FOR
FUNDS PAID TO THE APPLICANT UNDER THIS SECTION; AND
"(3) PROVIDES FOR MAKING SUCH REPORTS, IN SUCH FORM AND CONTAINING
SUCH INFORMATION, AS THE COMMISSIONER MAY REQUIRE TO CARRY OUT HIS
FUNCTIONS UNDER THIS SECTION, AND FOR KEEPING SUCH RECORDS AND FOR
AFFORDING SUCH ACCESS THERETO AS THE COMMISSIONER MAY FIND NECESSARY TO
ASSURE THE CORRECTNESS AND VERIFICATION OF SUCH REPORTS.
"SEC. 431. THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE PURPOSES
OF CARRYING OUT THIS TITLE SUCH SUMS AS MAY BE NECESSARY FOR THE FISCAL
YEAR ENDING JUNE 30, 1973, THE FISCAL YEAR ENDING JUNE 30, 1974, AND THE
FISCAL YEAR ENDING JUNE 30, 1975.
"SEC. 432. (A) TO THE EXTENT HE DEEMS IT APPROPRIATE, THE
COMMISSIONER SHALL REQUIRE THE RECIPIENT OF ANY GRANT OR CONTRACT UNDER
THIS TITLE TO CONTRIBUTE MONEY, FACILITIES, OR SERVICES FOR CARRYING OUT
THE PROJECT FOR WHICH SUCH GRANT OR CONTRACT WAS MADE.
"(B) PAYMENTS UNDER THIS PART PURSUANT TO A GRANT OR CONTRACT MAY BE
MADE (AFTER NECESSARY ADJUSTMENT, IN THE CASE OF GRANTS, ON ACCOUNT OF
PREVIOUSLY MADE OVERPAYMENTS OR UNDERPAYMENTS) IN ADVANCE OR BY WAY OF
REIMBURSEMENT, AND IN SUCH INSTALLMENTS AND ON SUCH CONDITIONS, AS THE
COMMISSIONER MAY DETERMINE.
"(C) THE COMMISSIONER SHALL MAKE NO GRANT OR CONTRACT UNDER THIS
TITLE IN ANY STATE WHICH HAS ESTABLISHED OR DESIGNATED A STATE AGENCY
FOR PURPOSES OF TITLE III OF THIS ACT UNLESS THE COMMISSIONER HAS
CONSULTED WITH SUCH STATE AGENCY REGARDING SUCH GRANT OR CONTRACT."
SEC. 501. THE OLDER AMERICANS ACT OF 1965 IS FURTHER AMENDED BY
INSERTING IMMEDIATELY AFTER TITLE IV THE FOLLOWING NEW TITLE:
"SEC. 501. (A) IN ORDER TO PROVIDE A FOCAL POINT IN COMMUNITIES FOR
THE DEVELOPMENT AND DELIVERY OF SOCIAL SERVICES AND NUTRITIONAL SERVICES
DESIGNED PRIMARILY FOR OLDER PERSONS, THE COMMISSIONER MAY MAKE GRANTS
TO UNITS OF GENERAL PURPOSE LOCAL GOVERNMENT OR OTHER PUBLIC OR
NONPROFIT PRIVATE AGENCIES OR ORGANIZATIONS AND MAY MAKE CONTRACTS WITH
ANY AGENCY OR ORGANIZATION TO PAY NOT TO EXCEED 75 PER CENTUM OF THE
COST OF ACQUIRING, ALTERING, OR RENOVATING EXISTING FACILITIES TO SERVE
AS MULTIPURPOSE SENIOR CENTERS (INCLUDING THE INITIAL EQUIPMENT OF SUCH
FACILITIES). FACILITIES ASSISTED BY GRANTS OR CONTRACTS UNDER THIS PART
SHALL BE IN CLOSE PROXIMITY TO THE MAJORITY OF INDIVIDUALS ELIGIBLE TO
USE THE MULTIPURPOSE SENIOR CENTER, AND WITHIN WALKING DISTANCE WHERE
POSSIBLE.
"(B) THE TOTAL PAYMENTS MADE PURSUANT TO GRANTS OR CONTRACTS UNDER
THIS SECTION IN ANY STATE FOR ANY FISCAL YEAR SHALL NOT EXCEED 10 PER
CENTUM OF THE TOTAL AMOUNT APPROPRIATED FOR THE YEAR FOR THE PURPOSES OF
CARRYING OUT THIS PART.
"(C) THE TERM 'MULTIPURPOSE SENIOR CENTER' MEANS A COMMUNITY FACILITY
FOR THE ORGANIZATION AND PROVISION OF A BROAD SPECTRUM OF SERVICES
(INCLUDING PROVISION OF HEALTH, SOCIAL, AND EDUCATIONAL SERVICES AND
PROVISION OF FACILITIES FOR RECREATIONAL ACTIVITIES) FOR OLDER PERSONS.
"SEC. 502. (A) A GRANT OR CONTRACT FOR PURCHASE UNDER THIS PART MAY
BE MADE ONLY IF THE APPLICATION THEREFOR IS APPROVED BY THE COMMISSIONER
UPON HIS DETERMINATION THAT --
"(1) THE APPLICATION CONTAINS OR IS SUPPORTED BY REASONABLE
ASSURANCES THAT (A) FOR NOT LESS THAN TEN YEARS AFTER PURCHASE,
THE VACILITY WILL BE USED FOR THE PURPOSES FOR WHICH IT IS TO BE
PURCHASED, (B) SUFFICIENT FUNDS WILL BE AVAILABLE TO MEET THE
NONFEDERAL SHARE OF THE COST OF PURCHASE OF THE FACILITY, (C)
SUFFICIENT FUNDS WILL BE AVAILABLE, WHEN PRUCHASE IS COMPLETED,
FOR EFFECTIVE USE OF THE FACILITY FOR THE PURPOSE FOR WHICH IT IS
BEING S PURCHASED, AND (D) THE FACILITY WILL NOT BE USED AND IS
NOT INTENDED TO BE USED FOR SECTARIAN INSTRUCTION OR AS A PLACE
FOR RELIGIOUS WORSHIP;
"(2) THE APPLICATION CONTAINS OR IS SUPPORTED BY REASONABLE
ASSURANCES THAT THERE ARE NO EXISTING FACILITIES IN THE COMMUNITY
SUITABLE FOR LEASING AS A MULTIPURPOSE SENIOR CENTER;
"(3) THE PLANS AND SPECIFICATIONS ARE IN ACCORDANCE WITH
REGULATIONS RELATING TO MINIMUM STANDARDS OF CONSTRUCTION AND
EQUIPMENT (PROMULGATED WITH PARTICULAR EMPHASIS ON SECURING
COMPLIANCE WITH THE REQUIREMENTS OF THE ARCHITECTURAL BARRIERS ACT
OF 1968 (PUBLIC LAW 90 - 480)); AND //82 STAT. 718., 42 U.S. C.
4151.//
"(4) THE APPLICATION CONTAINS OR IS SUPPORTED BY ADEQUATE
ASSURANCE THAT ANY LABORER OR MECHANIC EMPLOYED BY ANY CONTRACTORS
OR SUBCONTRACTORS IN THE PERFORMANCE OF WORK ON THE FACILITY WILL
BE PAID WAGES AT RATES NOT LESS THAN THOSE PREVAILING FOR SIMILAR
WORK IN THE LOCALITY AS DETERMINED BY THE SECRETARY OF LABOR IN
ACCORDANCE WITH THE DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276A -
276A5). THE SECRETARY OF LABOR SHALL HAVE, WITH RESPECT TO THE
LABOR STANDARDS SPECIFIED IN THIS PARAGRAPH, THE AUTHORITY AND
FUNCTIONS SET FORTH IN REORGANIZATION PLAN NUMBERED 14 OF 1950 (15
F. R. 3176; 64 STAT. 1267), AND SECTION 2 OF THE ACT OF JUNE 13,
1934, AS AMENDED (40 U.S.C. 276C). //49 STAT. 1011., 63 STAT.
108.//
"(B) IN MAKING GRANTS OR CONTRACTS UNDER THIS PART, THE COMMISSIONER
SHALL --
"(1) GIVE PREFERENCE TO THE ACQUISITION OF MULTIPURPOSE SENIOR
CENTERS IN AREAS WHERE THERE IS BEING DEVELOPED A COMPREHENSIVE
AND COORDINATED SYSTEM UNDER TITLE III OF THIS ACT; AND //ANTE,
P. 36.//
"(2) CONSULT WITH THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT WITH RESPECT TO THE TECHNICAL ADEQUACY OF ANY PROPOSED
ALTERATION OR RENOVATION.
"SEC. 503. UPON APPROVAL OF ANY APPLICATION FOR A GRANT OR CONTRACT
UNDER THIS PART, THE COMMISSIONER SHALL RESERVE, FROM ANY APPROPRIATION
AVAILABLE THEREFOR, THE AMOUNT OF SUCH GRANT OR CONTRACT. THE AMOUNT SO
RESERVED MAY BE PAID IN ADVANCE OR BY WAY OF REIMBURSEMENT, AND IN SUCH
INSTALLMENTS CONSISTENT WITH PROGRESS IN ALTERATION OR RENOVATION, AS
THE COMMISSIONER MAY DETERMINE. THE CONNISSIONER'S RESERVATION OF ANY
AMOUNT UNDER THIS SECTION MAY BE AMENDED BY HIM, EITHER UPON APPROVAL OF
AN AMENDMENT OF THE APPLICATION OR UPON REVISION OF THE ESTIMATED COST
OF ALTERING OR RENOVATING THE FACILITY.
"SEC. 504. IF, WITHIN TEN YEARS AFTER PURCHASE OF ANY FACILITY FOR
WHICH FUNDS HAVE BEEN PAID UNDER THIS PART --
"(A) THE OWNER OF THE FACILITY CEASES TO BE A PUBLIC OR
NONPROFIT PRIVATE AGENCY OR ORGANIZATION, OR
"(B) THE FACILITY CEASES TO BE USED FOR THE PRUPOSES FOR WHICH
IT WAS PURCHASED (UNLESS THE COMMISSIONER DETERMINES, IN
ACCORDANCE WITH REGULATIONS, THAT THERE IS GOOD CAUSE FOR
RELEASING THE APPLICANT OR OTHER OWNER FROM THE OBLIGATION TO DO
SO),
THE UNITED STATES SHALL BE ENTITLED TO RECOVER FROM THE APPLICANT OR
THE OTHER OWNER OF THE FACILITY AN AMOUNT WHICH BEARS TO THE THEN VALUE
OF THE FACILITY (OR SO MUCH THEREOF AS CONSTITUTED AN APPROVED PROJECT
OR PROJECTS) THE SAME RATIO AS THE AMOUNT OF SUCH FEDERAL FUNDS BORE TO
THE COST OF THE FACILITY FINANCED WITH THE AID OF SUCH FUNDS. SUCH VALUE
SHALL BE DETERMINED BY AGREEMENT OF THE PARTIES OR BY ACTION BROUGHT IN
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT IN WHICH SUCH FACILITY
IS SITUATED.
"SEC. 505. (A) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE
PURPOSE OF MAKING GRANTS OR CONTRACTS UNDER SECTION 501, SUCH SUMS AS
MAY BE NECESSARY FOR THE FISCAL YEAR ENDING JUNE 30, 1973, THE FISCAL
YEAR ENDING JUNE 30, 1974, AND THE FISCAL YEAR ENDING JUNE 30, 1975.
"(B) SUMS APPROPRIATED FOR ANY FISCAL YEAR UNDER SUBSECTION (A) OF
THIS SECTION AND REMAINING UNOBLIGATED AT THE END OF SUCH YEAR SHALL
REMAIN AVAILABLE FOR SUCH PURPOSE FOR THE NEXT FISCAL YEAR.
"SEC. 506. (A) IT IS THE PURPOSE OF THIS SECTION TO ASSIST AND
ENCOURAGE THE PROVISION OF URGENTLY NEEDED FACILITIES FOR PROGRAMS FOR
THE ELDERLY.
"(B) FOR THE PURPOSE OF THIS PART THE TERMS 'MORTGAGE', 'MORTGAGOR',
'MORTGAGEE', 'MATURITY DATE', AND 'STATE' SHALL HAVE THE MEANINGS
RESPECTIVELY SET FORTH IN SECTION 207 OF THE NATIONAL HOUSING ACT. //12
U.S.C. 1713.//
"(C) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE IS AUTHORIZED TO
INSURE ANY MORTGAGE (INCLUDING ADVANCES ON SUCH MORTGAGE DURING
ACQUISITION, ALTERATION, OR RENOVATION) IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION UPON SUCH TERMS AND CONDITIONS AS HE MAY
PRESCRIBE AND MAKE COMMITMENTS FOR INSURANCE OF SUCH MORTGAGE PRIOR TO
THE DATE OF ITS EXECUTION OR DISBURSEMENT THEREON.
"(D) IN ORDER TO CARRY OUT THE PURPOSE OF THIS SECTION, THE SECRETARY
IS AUTHORIZED TO INSURE ANY MORTGAGE WHICH COVERS A NEW MULTIPURPOSE
SENIOR CENTER, INCLUDING EQUIPMENT TO BE USED IN ITS OPERATION, SUBJECT
TO THE FOLLOWING CONDITIONS: 4)"(1) THE MORTGAGE SHALL BE EXECUTED BY A
MORTGAGOR, APPROVED BY THE SECRETARY, WHO DEMONSTRATES ABILITY
SUCCESSFULLY TO OPERATE ONE OR MORE PROGRAMS FOR THE ELDERLY. THE
SECRETARY MAY IN HIS DISCRETION REQUIRE ANY SUCH MORTGAGOR TO BE
REGULATED OR RESTRICTED AS TO MINIMUM CHARGES AND METHODS OF FINANCING,
AND, IN ADDITION THERETO, IF THE MORTGAGOR IS A CORPORATE ENTITY, AS TO
CAPITAL STRUCTURE AND RATE OF RETURN. AS AN AID TO THE REGULATION OR
RESTRICTION OF ANY MORTGAGOR WITH RESPECT TO ANY OF THE FOREGOING
MATTERS, THE SECRETARY MAY MAKE SUCH CONTRACTS WITH AND ACQUIRE FOR NOT
TO EXCEED $100 SUCH STOCK INTEREST IN SUCH MORTGAGOR AS HE MAY DEEM
NECESSARY. ANY STOCK OR INTEREST SO PURCHASED SHALL BE PAID FOR OUT OF
THE MULTIPURPOSE SENIOR CENTER INSURANCE FUND, AND SHALL BE REDEEMED BY
THE MORTGAGOR AT PAR UPON THE TERMINATION OF ALL OBLIGATIONS OF THE
SECRETARY UNDER THE INSURANCE.
"(2) THE MORTGAGE SHALL INVOLVE A PRINCIPAL OBLIGATION IN AN AMOUNT
NOT TO EXCEED $250,000 AND NOT TO EXCEED 90 PER CENTUM OF THE ESTIMATED
REPLACEMENT COST OF THE PROPERTY OR PROJECT, INCLUDING EQUIPMENT TO BE
USED IN THE OPERATION OF THE MULTIPURPOSE SENIOR CENTER, WHEN THE
PROPOSED IMPROVEMENTS ARE COMPLETED AND THE EQUIPMENT IS INSTALLED.
"(3) THE MORTGAGE SHALL--
"(A) PROVIDE FOR COMPLETE AMORTIZATION BY PERIODIC PAYMENTS
WITHIN SUCH TERM AS THE SECRETARY SHALL PRESCRIBE, AND
"(B) BEAR INTEREST (EXCLUSIVE OF PREMIUM CHARGES FOR INSURANCE
AND SERVICE CHARGES, IF ANY) AT NOT TO EXCEED SUCH PER CENTUM PER
ANNUM ON THE PRINCIPAL OBLIGATION OUTSTANDING AT ANY TIME AS THE
SECRETARY FINDS NECESSARY TO MEET THE MORTGAGE MARKET.
"(4) THE SECRETARY SHALL NOT INSURE ANY MORTGAGE UNDER THIS SECTION
UNLESS HE HAS DETERMINED THAT THE CENTER TO BE COVERED BY THE MORTGAGE
WILL BE IN COMPLIANCE WITH MINIMUM STANDARDS TO BE PRESCRIBED BY THE
SECRETARY.
"(5) IN THE PLANS FOR SUCH MULTIPURPOSE SENIOR CENTER, DUE
CONSIDERATION SHALL BE GIVEN TO EXCELLENCE OF ARCHITECTURE AND DESIGN,
AND TO THE INCLUSION OF WORKS OF ART (NOT REPRESENTING MORE THAN 1 PER
CENTUM OF THE COST OF THE PROJECT).
"(E) THE SECRETARY SHALL FIX AND COLLECT PREMIUM CHARGES FOR THE
INSURANCE OF MORTGAGES UNDER THIS SECTION WHICH SHALL BE PAYABLE
ANNUALLY IN ADVANCE BY THE MORTGAGEE, EITHER IN CASH OR IN DEBENTURES OF
THE MULTIPURPOSE SENIOR CENTER INSURANCE FUND (ESTABLISHED BY SUBSECTION
(H)) ISSUED AT PAR PLUS ACCRUED INTEREST. IN THE CASE OF ANY MORTGAGE
SUCH CHARGE SHALL BE NOT LESS THAN AN AMOUNT EQUIVALENT TO ONE-FOURTH OF
1 PER CENTUM PER ANNUM NOR MORE THAN AN AMOUNT EQUIVALENT TO 1 PER
CENTUM PER ANNUM OF THE AMOUNT OF THE PRINCIPAL OBLIGATION OF THE
MORTGAGE OUTSTANDING AT ANY ONE TIME, WITHOUT TAKING INTO ACCOUNT
DELINQUENT PAYMENTS OR PREPAYMENTS. IN ADDITION TO THE PREMIUM CHARGE
HEREIN PROVIDED FOR, THE SECRETARY IS AUTHORIZED TO CHARGE AND COLLECT
SUCH AMOUNTS AS HE MAY DEEM REASONABLE FOR THE APPRAISAL OF A PROPERTY
OR PROJECT DURING ACQUISITION, ALTERATION, OR RENOVATION; BUT SUCH
CHARGES FOR APPRAISAL AND INSPECTION SHALL NOT AGGREGATE MORE THAN 1 PER
CENTUM OF THE ORIGINAL PRINCIPAL FACE AMOUNT OF THE MORTGAGE.
"(F) THE SECRETARY MAY CONSENT TO THE RELEASE OF A PART OR PARTS OF
THE MORTGAGED PROPERTY OR PROJECT FROM THE LIEN OF ANY MORTGAGE INSURED
UNDER THIS SECTION UPON SUCH TERMS AND CONDITIONS AS HE MAY PRESCRIBE.
"(G) (1) THE SECRETARY SHALL HAVE THE SAME FUNCTIONS, POWERS, AND
DUTIES (INSOFAR AS APPLICABLE) WITH RESPECT TO THE INSURANCE OF
MORTGAGES UNDER THIS SECTION AS THE SECRETARY OF HOUSING AND URBAN
DEVELOPMENT HAS WITH RESPECT TO THE INSURANCE OF MORTGAGES UNDER TITLE
II OF THE NATIONAL HOUSING ACT. //12 U.S.C. 1707.//
"(2) THE PROVISIONS OF SUBSECTION (E), (G), (H), (I), (J), (K), (L),
AND (N) OF SECTION 207 OF THE NATIONAL HOUSING ACT SHALL APPLY TO
MORTGAGES INSURED UNDER THIS SECTION; EXCEPT THAT, FOR THE PURPOSES OF
THEIR APPLICATION WITH RESPECT TO SUCH MORTGAGES, ALL REFERENCES IN SUCH
PROVISION TO THE GENERAL INSURANCE FUND SHALL BE DEEMED TO REFER TO THE
MULTIPURPOSE SENIOR CENTER INSURANCE FUND, AND ALL REFERENCES IN SUCH
PROVISIONS TO 'SECRETARY' SHALL BE DEEMED TO REFER TO THE SECRETARY OF
HEALTH, EDUCATION, AND WELFARE. //12 . U.S.C. 1713.//
"(H) (1) THERE IS HEREBY CREATED A MULTIPURPOSE SENIOR CENTER
INSURANCE FUND WHICH SHALL BE SUED BY THE SECRETARY AS A REVOLVING FUND
FOR CARRYING OUT ALL THE INSURANCE PROVISIONS OF THIS SECTION. ALL
MORTGAGES INSURED UNDER THIS SECTION SHALL BE INSURED UNDER AND BE THE
OBLIGATION OF THE MULTIPURPOSE SENIOR CENTER INSURANCE FUND.
"(2) THE GENERAL EXPENSES OF THE OPERATIONS OF THE DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE RELATING TO MORTGAGES INSURED UNDER THIS
SECTION MAY BE CHARGED TO THE MULTIPURPOSE SENIOR CENTER INSURANCE FUND.
"(3) MONEYS IN THE MULTIPURPOSE SENIOR CENTER INSURANCE FUND NOT
NEEDED FOR THE CURRENT OPERATIONS FO THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE WITH RESPECT TO MORTGAGES INSURED UNDER THIS
SECTION SHALL BE DEPOSITED WITH THE TREASURER OF THE UNITED STATES TO
THE CREDIT OF SUCH FUND, OR INVESTED IN BONDS OR OTHER OBLIGATIONS OF,
OR IN BONDS OR OTHER OBLIGATIONS GUARANTEED AS TO PRINCIPAL AND INTEREST
BY, THE UNITED STATES. THE SECRETARY MAY, WITH THE APPROVAL OF THE
SECRETARY OF THE TREASURY, PURCHASE IN THE OPEN MARKET DEBENTURES ISSUED
AS OBLIGATIONS OF THE MULTIPURPOSE SENIOR CENTER INSURANCE FUND. SUCH
PURCHASES SHALL BE MADE AT A PRICE WHICH WILL PROVIDE AN INVESTMENT
YIELD OF NOT LESS THAN THE YIELD OBTAINABLE FROM OTHER INVESTMENTS
AUTHORIZED BY THIS SECTION. DEBENTURES SO PURCHASED SHALL BE CANCELED
AND NOT REISSUED.
"(4) PREMIUM CHARGES, ADJUSTED PREMIUM CHARGES, AND APPRAISAL AND
OTHER FEES RECEIVED ON ACCOUNT OF THE INSURANCE OF ANY MORTGAGE UNDER
THIS SECTION, THE RECEIPTS DERIVED FROM PROPERTY COVERED BY SUCH
MORTGAGES AND FROM ANY CLAIMS, DEBTS, CONTRACTS, PROPERTY, AND SECURITY
ASSIGNED TO THE SECRETARY IN CONNECTION THEREWITH, AND ALL EARNINGS AS
THE ASSETS OF THE FUND, SHALL BE CREDITED TO THE MULTIPURPOSE SENIOR
CENTER INSURANCE FUND. THE PRINCIPAL OF, AND INTEREST PAID AND TO BE
PAID ON, DEBENTURES WHICH ARE THE OBLIGATION OF SUCH FUND, CASH
INSURANCE PAYMENTS AND ADJUSTMENTS, AND EXPENSES INCURRED IN THE
HANDLING, MANAGEMENT, RENOVATION, AND DISPOSAL OF PROPERTIES ACQUIRED,
IN CONNECTION WITH MORTGAGES INSURED UNDER THIS SECTION, SHALL BE
CHARGED TO SUCH FUND.
"(5) THERE ARE AUTHORIZED TO BE APPROPRIATED TO PROVIDE INITIAL
CAPITAL FOR THE MULTIPURPOSE SENIOR CENTER INSURANCE FUND, AND TO ASSURE
THE SOUNDNESS OF SUCH FUND THEREAFTER, SUCH SUMS AS MAY BE NECESSARY.
"SEC. 507. (A) TO ASSIST NONPROFIT PRIVATE AGENCIES TO REDUCE THE
COST OF BORROWING FROM OTHER SOURCES FOR THE ACQUISITION, ALTERATION OR
RENOVATION OF FACILITIES, THE SECRETARY MAY MAKE ANNUAL INTEREST GRANTS
TO SUCH AGENCIES.
"(B) ANNUAL INTEREST GRANTS UNDER THIS SECTION WITH RESPECT TO ANY
FACILITY SHALL BE MADE OVER A FIXED PERIOD NOT EXCEEDING FORTY YEARS,
AND PROVISION FOR SUCH GRANTS SHALL BE EMBODIED IN A CONTRACT
GUARANTEEING THEIR PAYMENT OVER SUCH PERIOD. EACH SUCH GRANT SHALL BE
IN AN AMOUNT NOT GREATER THAN THE DIFFERENCE BETWEEN (1) THE AVERAGE
ANNUAL DEBT SERVICE WHICH WOULD BE REQUIRED TO BE PAID, DURING THE LIFE
OF THE LOAN, ON THE AMOUNT BORROWED FROM OTHER SOURCES FOR THE
ACQUISITION, ALTERATION, OR RENOVATION OF SUCH FACILITIES, AND (2) THE
AVERAGE ANNUAL DEBT SERVICE WHICH THE INSTITUTION WOULD HAVE BEEN
REQUIRED TO PAY, DURING THE LIFE OF THE LOAN, WITH RESPECT TO SUCH
AMOUNTS IF THE APPLICABLE INTEREST RATE WERE 3 PER CENTUM PER ANNUM:
PROVIDED, THAT THE AMOUNT ON WHICH SUCH GRANT IS BASED SHALL BE APPROVED
BY THE SECRETARY.
"(C) (1) THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED TO THE
SECRETARY SUCH SUMS AS MAY BE NECESSARY FOR PAYMENT OF ANNUAL INTEREST
GRANTS IN ACCORDANCE WITH THIS SECTION.
"(2) CONTRACTS FOR ANNUAL INTEREST GRANTS UNDER THIS SECTION SHALL
NOT BE ENTERED INTO IN AN AGGREGATE AMOUNT GREATER THAN IS AUTHORIZED IN
APPROPRIATION ACTS.
"(D) NOT MORE THAN 12 1/2 PER CENTUM OF THE FUNDS PROVIDED FOR IN
THIS SECTION FOR GRANTS MAY BE USED WITHIN ANY ONE STATE.
"(SEC. 511. (A) FOR THE PURPOSE OF ASSISTING IN THE ESTABLISHMENT AND
INITIAL OPERATION OF MULTIPURPOSE SENIOR CENTERS THE COMMISSIONER MAY,
IN ACCORDANCE WITH THE PROVISIONS OF THIS PART, MAKE GRANTS TO MEET, FOR
THE TERMPORARY PERIODS SPECIFIED IN THIS PART, ALL OR PART OF THE COSTS
OF COMPENSATION OF PROFESSIONAL AND TECHNICAL PERSONNEL FOR THE INITIAL
OPERATION OF NEW MULTIPURPOSE SENIOR CENTERS AND FOR THE DELIVERY OF
SOCIAL SERVICES ESTABLISHED THEREIN.
"(B) GRANTS FOR SUCH COST OF ANY CENTER UNDER THIS TITLE MAY BE MADE
ONLY FOR THE PERIOD BEGINNING WITH THE FIRST DAY OF THE FIRST MONTH FOR
WHICH SUCH GRANT IS MADE AND ENDING WITH THE CLOSE OF THREE YEARS AFTER
SUCH FIRST DAY. SUCH GRANTS WITH RESPECT TO ANY CENTER MAY NOT EXCEED
75 PER CENTUM OF SUCH COSTS FOR THE FIRST YEAR OF THE PROJECT, 66 2/3
PER CENTUM OF SUCH COSTS FOR THE SECOND YEAR OF THE PROJECT, AND 50 PER
CENTUM OF SUCH COSTS FOR THE THIRD YEAR OF THE PROJECT.
"(C) IN MAKING SUCH GRANTS, THE SECRETARY SHALL TAKE INTO ACCOUNT THE
RELATIVE NEEDS OF THE SEVERAL STATES FOR COMMUNITY CENTERS FOR SENIOR
CITIZENS, THEIR RELATIVE FINANCIAL NEEDS, AND THEIR POPULATION OF
PERSONS OVER SIXTH YEARS OF AGE.
"(D) FOR THE PURPOSE OF THIS PART, THERE ARE AUTHORIZED TO BE
APPROPRIATED SUCH SUMS AS MAY BE NECESSARY FOR THE FISCAL YEAR ENDING
JUNE 30, 1973, AND FOR EACH OF THE NEXT TWO SUCCEEDING FISCAL YEARS."
SEC. 601. SECTION 601 OF THE OLDER AMERICANS ACT OF 1965 IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION: //83 STAT.
111., 42 U.S.C. 3044.//
"(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO COMPENSATION
PROVIDED TO INDIVIDUAL VOLUNTEERS UNDER THIS PART SHALL BE CONSIDERED
INCOME FOR ANY PURPOSE WHATSOEVER."
SEC. 602. SECTION 603 OF THE OLDER AMERICANS ACT OF 1965 IS AMENDED
BY INSERTING IMMEDIATELY BEFORE THE PERIOD AT THE END THEREOF THE
FOLLOWING: "AND $15,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1973,
$17,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND $20,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975". //42 U.S.C. 3044A.//
SEC. 603. (A) THE HEADING OF PART B OF TITLE VI OF THE OLDER
AMERICANS ACT OF 1965 IS AMENDED TO READ AS FOLLOWS:
(B) SECTION 611 OF SUCH ACT IS AMENDED TO READ AS FOLLOWS: //86
STAT. 705., 42 U.S.C. 3044B.//
"SEC. 611. (A) THE COMMISSIONER IS AUTHORIZED TO MAKE GRANTS TO OR
CONTRACTS WITH PUBLIC AND NONPROFIT PRIVATE AGENCIES AND ORGANIZATIONS
TO PAY PART OR ALL OF THE COST OF DEVELOPMENT AND OPERATION OF PROJECTS
DESIGNED TO PROVIDE OPPORTUNITIES FOR LOW-INCOME PERSONS AGED SIXTY OR
OVER TO RENDER SUPPORTIVE PERSON-TO-PERSON SERVICES IN HEALTH,
EDUCATION, WELFARE, AND RELATED SETTINGS TO CHILDREN HAVING EXCEPTIONAL
NEEDS, INCLUDING SERVICES AS 'FOSTER GRANDPARENTS' TO CHILDREN,
RECEIVING CARE IN HOSPITALS, HOMES FOR DEPENDENT AND NEGLECTED CHILDREN,
OR OTHER ESTABLISHMENTS PROVIDING CARE FOR CHILDREN WITH SPECIAL NEEDS.
"(B) THE COMMISSIONER IS ALSO AUTHORIZED TO MAKE GRANTS OR CONTRACTS
TO CARRY OUT THE PURPOSES DESCRIBED IN SUBSECTION (A) IN THE CASE OF
PERSONS (OTHER THAN CHILDREN) HAVING EXCEPTIONAL NEEDS, INCLUDING
SERVICES AS 'SENIOR HEALTH AIDES' TO WORK WITH PERSONS RECEIVING HOME
HEALTH CARE AND NURSING CARE, AND AS 'SENIOR COMPANIONS' TO PERSONS
HAVING DEVELOPMENTAL DISABILITIES.
"(C) PAYMENTS UNDER THIS PART PURSUANT TO A GRANT OR CONTRACT MAY BE
MADE (AFTER NECESSARY ADJUSTMENT ON ACCOUNT OF PREVIOUSLY MADE
OVERPAYMENTS OR UNDERPAYMENTS) IN ADVANCE OR BY WAY OF REIMBURSEMENT, IN
SUCH INSTALLMENTS AND ON SUCH CONDITIONS AS THE COMMISSIONER MAY
DETERMINE.
"(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO COMPENSATION
PROVIDED TO INDIVIDUAL VOLUNTEERS UNDER THIS PART SHALL BE CONSIDERED
INCOME FOR ANY PURPOSE WHATSOEVER."
"C) THE FIRST SENTENCE OF SECTION 613 OF SUCH ACT IS AMENDED TO READ
AS FOLLOWS:
"IN ADMINISTERING THIS PART, THE COMMISSIONER SHALL CONSULT WITH THE
OFFICE OF ECONOMIC OPPORTUNITY, THE DEPARTMENTS OF LABOR AND HEALTH,
EDUCATION, AND WELFARE AND ANY OTHER FEDERAL AGENCIES ADMINISTERING
RELEVANT PROGRAMS WITH A VIEW TO ACHIEVING OPTIMAL COORDINATION WITH
SUCH OTHER PROGRAMS AND SHALL PROMOTE THE COORDINATION OF PROJECTS UNDER
THIS PART WITH OTHER PUBLIC OR PRIVATE PROGRAMS OR PROJECTS CARRIED OUT
AT STATE AND LOCAL LEVELS." //83 STAT. 113., 42 U.S.C. 3044D.//
SEC. 604. SECTION 614 OF THE OLDER AMERICANS ACT IS AMENDED TO READ
AS FOLLOWS: //42 U.S.C. 4033C.//
"SEC. 614. (A) (1) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR GRANTS
OR CONTRACTS UNDER SUBSECTIONS (A) AND (B) OF SECTION 611, $25,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1973, $32,500,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, AND $40,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1975, RESPECTIVELY, OF WHICH (A) $25,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1973, $26,500,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1974, AND $32,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975,
RESPECTIVELY, SHALL BE AVAILABLE FOR SUCH YEARS FOR GRANTS OR CONTRACTS
UNDER SUBSECTION (A) OF SECTION 611 AND (B) $6,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1974, AND $8,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1975, RESPECTIVELY, SHALL BE AVAILABLE FOR SUCH YEARS FOR
GRANTS OR CONTRACTS UNDER SUBSECTION (B) OF SUCH SECTION.
"(2) IF THE SUMS AUTHORIZED TO BE APPROPRIATED UNDER PARAGRAPH (1) OF
THIS SUBSECTION FOR FISCAL YEARS BEGINNING AFTER JUNE 30, 1973, ARE NOT
APPROPRIATED AND MADE AVAILABLE FOR EACH SUCH FISCAL YEAR, THEN SUCH
SUMS AS ARE SO APPROPRIATED AND MADE AVAILABLE FOR EACH SUCH FISCAL YEAR
SHALL BE ALLOCATED SO THAT --
"(A) ANY AMOUNTS APPROPRIATED NOT IN EXCESS OF A SUM WHICH WHEN
ADDED TO CARRYOVER BALANCES OTHERWISE AVAILABLE FOR OBLIGATION
UNDER SUBSECTION (A) OF SECTION 611 EQUALS $25,000,000 SHALL BE
SUED FOR GRANTS OR CONTRACTS UNDER SUCH SUBSECTION; AND
"(B) ANY AMOUNTS APPROPRIATED IN EXCESS OF A SUM WHICH WHEN
ADDED TO CARRYOVER BALANCES OTHERWISE AVAILABLE FOR OBLIGATION
UNDER SUBSECTION (A) OF SECTION 611 EQUALS $31,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1974, AND $33,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1975, RESPECTIVELY, SHALL BE SUED FOR GRANTS
OR CONTRACTS FOR SUCH FISCAL YEARS UNDER SUBSECTION (A) OF SUCH
SECTION."
SEC. 605. THE AUTHORITIES CONFERRED UPON THE COMMISSIONER OF THE
ADMINISTRATION ON AGING BY THE AMENDMENTS MADE IN THIS TITLE SHALL BE
CARRIED OUT PURSUANT TO DELEGATIONS OF AUTHORITY, REORGANIZATION PLANS,
AND TRANSFERS MADE EFFECTIVE PRIOR TO THE DATE OF ENACTMENT OF THIS ACT
WITH RESPECT TO AUTHORITIES CONFERRED UPON THE SECRETARY OF THE
DEPRTMENT OF HEALTH, EDUCATION, AND WELFARE UNDER TITLE VI OF THE OLDER
AMERICANS ACT OF 1965, AS AMENDED.
SEC. 701. SECTION 707 OF THE OLDER AMERICANS ACT OF 1965 IS AMENDED
TO READ AS FOLLOWS: //86 STAT. 94, 42 U.S.C. 3045F.//
"SEC. 707. (A) AGRICULTURAL COMMODITIES AND PRODUCTS PURCHASED BY THE
SECRETARY OF AGRICULTURE UNDER SECTION 32 OF THE ACT OF AUGUST 24, 1935
(7 U.S.C. 612C) MAY BE DONATED TO A RECIPIENT OF A GRANT OR CONTRACT TO
BE USED FOR PROVIDING NUTRITIONAL SERVICES IN ACCORDANCE WITH THE
PROVISIONS OF THIS TITLE. //49 STAT. 774.//
"(B) THE COMMODITY CREDIT CORPORATION MAY DISPOSE OF FOOD COMMODITIES
UNDER SECTION 416 OF THE AGRICULTURAL ACT OF 1949 (7 U.S.C. 1431) BY
DONATING THEM TO A RECIPIENT OF A GRANT OR CONTRACT TO BE USED FOR
PROVIDING NUTRITIONAL SERVICES IN ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE. //68 STAT. 458; 86 STAT. 1492.//
"(C) DAIRY PRODUCTS PURCHASED BY THE SECRETARY OF AGRICULTURE UNDER
SECTION 709 OF THE FOOD AND AGRICULTURE ACT OF 1965 (7 U.S.C. 1446A - 1)
MAY BE USED TO MEET THE REQUIREMENTS OF PROGRAMS PROVIDING NUTRITIONAL
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE." //79 STAT.
1212; 80 STAT. 1538.//
SEC. 702. SECTION 705 (A) OF THE OLDER AMERICANS ACT OF 1965 IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH: //86
STAT 91., 42 U.S.C. 3045D.//
"(5) PROVIDE THAT, WHEN MUTUALLY AGREED UPON BY RECIPIENTS OF
GRANTS AND CONTRACTS AND AREA PLANNING AND SERVICE AREAS AGENCIES,
NUTRITION PROJECTS ASSISTED UNDER THIS TITLE SHALL BE MADE A PART
OF THE COMPREHENSIVE AND COORDINATED SYSTEMS ESTABLISHED UNDER
TITLE III OF THIS ACT." //ANTE, P. 36.//
SEC. 703. SECTION 705 (A) (2) (B) OF THE OLDER AMERICANS ACT OF 1965
IS AMENDED BY INSERTING "FOR THE FISCAL YEAR ENDING JUNE 30, 1973,"
FOLLOWING "ADMINISTRATIVE COST,"; BY STRIKING OUT "ANY FISCAL YEAR" IN
THIS SECTION AND SUBSTITUTING IN LIEU THEREOF "SUCH FISCAL YEAR"; AND
BY ADDING AT THE END OF THE FIRST SENTENCE THEREOF THE FOLLOWING
SENTENCE: "FOR THE FISCAL YEARS ENDING AFTER JUNE 30, 1973, FUNDS
ALLOTTED TO A STATE FOR STATE PLANNING AND ADMINISTRATION PURSUANT TO
SECTION 306 OF THIS ACT MAY BE USED FOR THE ADMINISTRATION OF THE STATE
PLAN SUBMITTED PURSUANT TO THIS SECTION, EXCEPT THAT WHEREVER THE
GOVERNOR OF THE STATE DESIGNATES AN AGENCY OTHER THAN THE AGENCY
DESIGNATED UNDER SECTION 304 (A) (1) OF THIS ACT, THEN THE COMMISSIONER
SHALL DETERMINE THAT PORTION OF A STATE'S ALLOTMENT UNDER SECTION 306
WHICH SHALL BE AVAILABLE TO THE AGENCY DESIGNATED UNDER SECTION 705 (A)
(1) FOR PLANNING AND ADMINISTRATION."
SEC. 704. (A) THE FIRST SENTENCE OF SECTION 705 (A) OF THE OLDER
AMERICANS ACT OF 1965 IS AMENDED BY STRIKING OUT "303) THE FIRST TIME IT
APPEARS IN SUCH SENTENCE AND INSERTING IN LIEU THEREOF "304" AND BY
STRIKING OUT "303" THE SECOND TIME IT APPEARS IN SUCH SENTENCE AND
INSERTING IN LIEU THEREOF, "305".
(B) SECTION 705 (A) (1) OF THE OLDER AMERICANS ACT OF 1965 IS AMENDED
BY STRIKING OUT "303" AND INSERTING IN LIEU THEREOF "304".
(C) TITLE VII OF THE OLDER AMERICANS ACT OF 1965 IS AMENDED BY
STRIKING OUT "SECRETARY" WHEREVER IN SUCH TITLE THE TERM REFERS TO THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE, AND INSERTING IN LIEU
THEREOF "COMMISSIONER".
SEC. 801. (A) THE LIBRARY SERVICES AND CONSTRUCTION ACT (20 U.S.C.
351 ET SEQ.) IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
TITLE: //70 STAT. 293; 84 STAT. 1660.//
"SEC. 401. THE COMMISSIONER SHALL CARRY OUT A PROGRAM OF MAKING
GRANTS TO STATES WHICH HAVE AN APPROVED BASIC STATE PLAN UNDER SECTION 6
AND HAVE SUBMITTED A LONG-RANGE PROGRAM AND AN ANNUAL PROGRAM UNDER
SECTION 403 FOR LIBRARY SERVICES FOR OLDER PERSONS.
"SEC. 402. (A) FUNDS APPROPRIATED PURSUANT TO PARAGRAPH (4) OF
SECTION 4 (A) SHALL BE AVAILABLE FOR GRANTS TO STATES FROM ALLOTMENTS
UNDER SECTION 5 (A) FOR THE PURPOSE OF CARRYING OUT THE FEDERAL SHARE OF
THE COST OF CARRYING OUT STATE PLANS SUBMITTED AND APPROVED UNDER
SECTION 403. SUCH GRANTS SHALL BE USED FOR (1) THE TRAINING OF
LIBRARIANS TO WORK WITH THE ELDERLY; (2) THE CONDUCT OF SPECIAL LIBRARY
PROGRAMS FOR THE ELDERLY; (3) THE PURCHASE OF SPECIAL LIBRARY MATERIALS
FOR USE BY THE ELDERLY; (4) THE PAYMENT OF SALARIES FOR ELDERLY PERSONS
WHO WISH TO WORK IN LIBRARIES AS ASSISTANTS ON PROGRAMS FOR THE ELDERLY;
(5) THE PROVISION OF IN-HOME VISITS BY LIBRARIANS AND OTHER LIBRARY
PERSONNEL TO THE ELDERLY; (6) THE ESTABLISHMENT OF OUTREACH PROGRAMS TO
NOTIFY THE ELDERLY OF LIBRARY SERVICES AVAILABLE TO THEM; AND (7) THE
FURNISHING OF TRANSPORTATION TO ENABLE THE ELDERLY TO HAVE ACCESS TO
LIBRARY SERVICES.
"(B) FOR THE PURPOSES OF THIS TITLE, THE FEDERAL SHARE SHALL BE 100
PER CENTUM OF THE COST OF CARRYING OUT THE STATE PLAN.
"SEC. 403. ANY STATE DESIRING TO RECEIVE A GRANT FROM ITS ALLOTMENT
FOR THE PURPOSES OF THIS TITLE FOR ANY FISCAL YEAR SHALL, IN ADDITION TO
HAVING SUBMITTED, AND HAVING HAD APPROVED, A BASIC STATE PLAN UNDER
SECTION 6, SUBMIT FOR THAT FISCAL YEAR AN ANNUAL PROGRAM FOR LIBRARY
SERVICES FOR OLDER PERSONS. SUCH PROGRAM SHALL BE SUBMITTED AT SUCH
TIME, IN SUCH FORM, AND CONTAIN SUCH INFORMATION AS THE COMMISSIONER MAY
REQUIRE BY REGULATION AND SHALL --
"(1) SET FORTH A PROGRAM FOR THE YEAR SUBMITTED UNDER WHICH
FUNDS PAID TO THE STATE FROM APPROPRIATIONS PURSUANT TO PARAGRAPH
(4) OF SECTION 4 (A) WILL BE USED, CONSISTENT WITH ITS LONGRANGE
PROGRAM FOR THE PURPOSES SET FORTH IN SECTION 402, AND
"(2) INCLUDE AN EXTENSION OF THE LONG-RANGE PROGRAM TAKING INTO
CONSIDERATION THE RESULTS OF EVALUATIONS.
"SEC. 404. IN CARRYING OUT THE PROGRAM AUTHORIZED BY THIS TITLE, THE
COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF THE ADMINISTRATION
ON AGING AND THE DIRECTOR OF ACTION FOR THE PURPOSE OF COORDINATING
WHERE PRACTICABLE, THE PROGRAMS ASSISTED UNDER THIS TITLE WITH THE
PROGRAMS ASSISTED UNDER THE OLDER AMERICANS ACT OF 1965."
(B) SECTION 4 (A) OF THE LIBRARY SERVICES AND CONSTRUCTION ACT IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPH:
"(4) FOR THE PURPOSE OF MAKING GRANTS TO STATES TO ENABLE THEM
TO CARRY OUT PUBLIC LIBRARY SERVICE PROGRAMS FOR OLDER PERSONS
AUTHORIZED BY TITLE IV, THERE ARE AUTHORIZED TO BE APPROPRIATED
SUCH SUMS AS MAY BE NECESSARY FOR THE FISCAL YEAR ENDING JUNE 30,
1973, THE FISCAL YEAR ENDING JUNE 30, 1974, THE FISCAL YEAR ENDING
JUNE 30, 1975, AND THE FISCAL YEAR ENDING JUNE 30, 1976." //84
STAT. 1662. 20 U.S.C. 351B.//
(C) (1) SECTION 5 (A) (1) OF SUCH ACT IS AMENDED BY STRIKING OUT "OR
(3)" AND INSERTING IN LIEU THEREOF "(3), OR (4)". //20 U.S.C. 351C.//
(2) SECTION (A) (2) OF SUCH ACT IS AMENDED BY STRIKING OUT "OR (3)"
AND INSERTING IN LIEU THEREOF "(3), OR (4)".
(3) SECTION 5 (A) OF SUCH ACT IS AMENDED BY STRIKING OUT THE WORD
"AND" AT THE END OF SUCH PARAGRAPH (B) THEREOF, BY STRIKING OUT THE
PERIOD AT THE END OF SUBPARAGRAPH (C) AND INSERTING IN LIEU THEREOF A
SEMICOLON AND THE WORD "AND", AND BY INSERTING AFTER SUBPARAGRAPH (C)
THEREOF THE FOLLOWING:
"(D) WITH RESPECT TO APPROPRIATIONS FOR THE PURPOSES OF TITLE
IV, $40,000 FOR EACH STATE, EXCEPT THAT IT SHALL BE $10,000 IN THE
CASE OF GUAM, AMERICAN SAMOA, THE VIRGIN ISLANDS, AND THE TRUST
TERRITORY OF THE PACIFIC ISLANDS." //ANTE, P. 55.//
(4) THE LAST SENTENCE OF SECTION 5 (A) (3) OF SUCH ACT IS AMENDED BY
STRIKING OUT "OR (3)" AND INSERTING IN LIEU THEREOF "(3) OR (4)". //84
STAT. 1662., 20 U.S.C. 351C.//
"T5) SECTION 5 (B) OF SUCH ACT IS AMENDED BY STRIKING OUT "OR (3)"
AND INSERTING IN LIEU THEREOF "(3), OR (4)".
(C) SECTION 6 (A) OF SUCH ACT IS AMENDED BY STRIKING OUT "AND III"
AND INSERTING IN LIEU THEREOF "III AND IV". //84 STAT. 1663., 20 U.S.
C. 351D., 20 U.S.C. 351E.//
"(D) (1) SECTION 7 (A) OF SUCH ACT IS AMENDED BY STRIKING OUT "OR
(3)" AND INSERTING IN LIEU THEREOF "(3), OR (4)".
(2) SECTION 7 (B) (1) OF SUCH ACT IS AMENDED BY INSERTING "AND TITLE
IV" AFTER "TITLE III".
(E) THE AMENDMENTS MADE BY SUBSECTIONS (A), (B), AND (C) OF THIS
SECTION SHALL BE EFFECTIVE AFTER JUNE 30, 1973.
SEC. 802. (A) SECTION 5 (A) (2) OF THE NATIONAL COMMISSION ON
LIBRARIES AND INFORMATION SCIENCE ACT IS AMENDED BY STRIKING OUT "AND"
AFTER "AREAS" AND INSERTING A COMMA IN LIEU THEREOF, AND BY INSERTING
AFTER "DEPRIVED PERSONS," THE FOLLOWING: "AND OF ELDERLY PERSONS,".
//84 STAT. 441., 20 U.S.C. 1504.//
(B) THE SECOND SENTENCE OF SECTION 6 (A) (20 U.S.C. 1505 (A)) OF SUCH
ACT IS AMENDED BY INSERTING BEFORE THE PERIOD AT THE END THEREOF THE
FOLLOWING: ", AND AT LEAST ONE OTHER OF WHOM SHALL BE KNOWLEDGEABLE
WITH RESPECT TO THE LIBRARY AND INFORMATION SERVICE AND SCIENCE NEEDS OF
THE ELDERLY".
SEC. 803. TITLE I OF THE HIGHER EDUCATION ACT OF 1965 IS AMENDED BY
REDISIGNATING SECTIONS 110, 111, AND 112 (AND CROSS REFERENCES THERETO)
AS 111, 112, AND 113, RESPECTIVELY, AND BY INSERTING AFTER SECTION 109
THE FOLLOWING NEW SECTION: //86 STAT. 236., 20 U.S.C. 1109 - 1011.//
"SEC. 110. (A) THE COMMISSIONER IS AUTHORIZED TO MAKE GRANTS TO
INSTITUTIONS OF HIGHER EDUCATION (AND COMBINATIONS THEREOF) TO ASSIST
SUCH INSTITUTIONS IN PLANNING, DEVELOPING, AND CARRYING OUT, CONSISTENT
WITH THE PRUPOSE OF THIS TITLE, PROGRAMS SPECIFICALLY DESIGNED TO APPLY
THE RESOURCES OF HIGHER EDUCATION TO THE PROBLEMS OF THE ELDERLY,
PARTICULARLY WITH REGARD TO TRANSPORTATION AND HOUSING PROBLEMS OF
ELDERLY PERSONS LIVING IN RURAL AND ISOLATED AREAS.
"(B) FOR PURPOSES OF MAKING GRANTS UNDER THIS SECTION, THERE ARE
AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE NECESSARY FOR THE
FISCAL YEAR ENDING JUNE 30, 1973, AND EACH SUCCEEDING FISCAL YEAR ENDING
PRIOR TO JULY 1, 1977.
"(C) IN CARRYING OUT THE PROGRAM AUTHORIZED BY THIS SECTION, THE
COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF THE ADMINISTRATION
ON AGING FOR THE PURPOSE OF COORDINATING, WHERE PRACTICABLE, THE
PROGRAMS ASSISTED UNDER THIS SECTION WITH THE PROGRAMS ASSISTED UNDER
THE OLDER AMERICANS ACT OF 1965." //ANTE, P. 30.//
SEC. 804. (A) THE ADULT EDUCATION ACT (20 U.S.C. 1201 ET SEQ.) IS
AMENDED BY REDESIGNATING SECTIONS 310, 311, AND 312 (AND CROSS
REFERENCES THERETO) AS SECTIONS 311, 312, AND 313, RESPECTIVELY, AND BY
INSERTING AFTER SECTION 309 THE FOLLOWING NEW SECTION: //84 STAT.
163., 20 U.S.C. 1209 - 1211.//
"SEC. 310. (A) THE COMMISSIONER IS AUTHORIZED TO MAKE GRANTS TO
STATE AND LOCAL EDUCATIONAL AGENCIES OR OTHER PUBLIC OR PRIVATE
NONPROFIT AGENCIES FOR PROGRAMS TO FURTHER THE PURPOSE OF THIS ACT BY
PROVIDING EDUCATIONAL PROGRAMS FOR ELDERLY PERSONS WHOSE ABILITY TO
SPEAK AND READ THE ENGLISH LANGUAGE, IS LIMITED AND WHO LIVE IN AN AREA
WITH A CULTURE DIFFERENT THAN THEIR OWN. SUCH PROGRAMS SHALL BE
DESIGNED TO EQUIP SUCH ELDERLY PERSONS TO DEAL SUCCESSFULLY WITH THE
PRACTICAL PROBLEMS IN THEIR EVERYDAY LIFE, INCLUDING THE MAKING OF
PURCHASES, MEETING THEIR TRANSPORTATION AND HOUSING NEEDS, AND COMPLYING
WITH GOVERNMENTAL REQUIREMENTS SUCH AS THOSE FOR OBTAINING CITIZENSHIP,
PUBLIC ASSISTANCE AND SOCIAL SECURITY BENEFITS, AND HOUSING.
"(B) FOR THE PURPOSE OF MAKING GRANTS UNDER THIS SECTION THERE ARE
AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE NECESSARY FOR THE
FISCAL YEAR ENDING JUNE 30, 1973, AND EACH SUCCEEDING FISCAL YEAR ENDING
PRIOR TO JULY 1, 1975.
"(C) IN CARRYING OUT THE PROGRAM AUTHORIZED BY THIS SECTION, THE
COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF THE ADMINISTRATION
ON AGING FOR THE PURPOSE OF COORDINATING, WHERE PRACTICABLE, THE
PROGRAMS ASSISTED UNDER THIS SECTION WITH THE PROGRAMS ASSISTED UNDER
THE OLDER AMERICANS ACT OF 1965."
(B) SECTION 313 (A) OF SUCH ACT, AS REDESIGNATED, IS AMENDED BY
INSERTING BEFORE THE PERIOD AT THE END THEREOF THE FOLLOWING: "(OTHER
THAN SECTION 310)". //ANTE, P. 30.//
SEC. 805. IN ADDITIONA TO THE AMOUNTS AUTHORIZED TO BE APPROPRIATED
AND ALLOCATED PURSUANT TO THE ECONOMIC OPPORTUNITY AMENDMENTS OF 1972,
THERE IS FURTHER AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE
NECESSARY FOR THE FISCAL YEAR ENDING JUNE 30, 1973 AND THE SUCCEEDING
FISCAL YEAR, TO BE USED FOR THE SENIOR OPPORTUNITIES AND SERVICES
PROGRAM DESCRIBED IN SECTION 222 (A) OF THE ECONOMIC OPPORTUNITY ACT OF
1964. //86 STAT. 688., 42 U.S.C. 2701 NOTE.//
U.S.C. 2809.//
SEC. 901. THIS TITLE MAY BE CITED AS THE "OLDER AMERICAN COMMUNITY
SERVICE EMPLOYMENT ACT".
SEC. 902. (A) IN ORDER TO FOSTER AND PROMOTE USEFUL PART-TIME WORK
OPPORTUNITIES IN COMMUNITY SERVICE ACTIVITIES FOR UNEMPLOYED LOW INCOME
PERSONS WHO ARE FIFTY-FIVE YEARS OLD OR OLDER AND WHO HAVE POOR
EMPLOYMENT PROSPECTS, THE SECRETARY OF LABOR (HEREINAFTER REFERRED TO AS
THE "SECRETARY") IS AUTHORIZED TO ESTABLISH AN OLDER AMERICAN COMMUNITY
SERVICE EMPLOYMENT PROGRAM (HEREINAFTER REFERRED TO AS THE "PROGRAM").
(B) IN ORDER TO CARRY OUT THE PROVISIONS OF THIS TITLE, THE SECRETARY
IS AUTHORIZED --
(1) TO ENTER INTO AGREEMENTS WITH PUBLIC OR PRIVATE NONPROFIT
AGENCIES OR ORGANIZATIONS, AGENCIES OF A STATE GOVERNMENT OR A
POLITICAL SUBDIVISION OF A STATE (HAVING ELECTED OR DULY APPOINTED
GOVERNING OFFICIALS), OR A COMBINATION OF SUCH POLITICAL
SUBDIVISIONS, OR INDIAN TRIBES ON FEDERAL OR STATE RESERVATIONS IN
ORDER TO FURTHER THE PURPOSES AND GOALS OF THE PROGRAM. SUCH
AGREEMENTS MAY INCLUDE PROVISIONS FOR THE PAYMENT OF COSTS, AS
PROVIDED IN SUBSECTION (C), OR PROJECTS DEVELOPED BY SUCH
ORGANIZATIONS AND AGENCIES IN COOPERATION WITH THE SECRETARY IN
ORDER TO MAKE THE PROGRAM EFFECTIVE OR TO SUPPLEMENT IT. NO
PAYMENTS SHALL BE MADE BY THE SECRETARY TOWARD THE COST OF ANY
PROJECT ESTABLISHED OR ADMINISTERED BY ANY SUCH ORGANIZATION OR
AGENCY UNLESS HE DETERMINES THAT SUCH PROJECT --
(A) WILL PROVIDE EMPLOYMENT ONLY FOR ELIGIBLE INDIVIDUALS,
EXCEPT FOR NECESSARY TECHNICAL, ADMINISTRATIVE, AND SUPERVISORY
PERSONNEL, BUT SUCH PERSONNEL SHALL, TO THE FULLEST EXTENT
POSSIBLE, BE RECRUITED FROM AMONG ELIGIBLE INDIVIDUALS;
(B) WILL PROVIDE EMPLOYMENT FOR ELIGIBLE INDIVIDUALS IN THE
COMMUNITY IN WHICH SUCH INDIVIDUALS RESIDE, OR IN NEARBY
COMMUNITIES;
(C) WILL EMPLOY ELIGIBLE INDIVIDUALS IN SERVICES RELATED TO
PUBLICLY OWNED AND OPERATED FACILITIES AND PROJECTS, OR PROJECTS
SPONSORED BY ORGANIZATIONS EXEMPT FROM TAXATION UNDER THE
PROVISIONS OF SECTION 501 (C) (3) OF THE INTERNAL REVENUE CODE OF
1954 (OTHER THAN POLITICAL PARTIES), EXCEPT PROJECTS INVOLVING THE
CONSTRUCTION, OPERATION, OR MAINTENANCE OF ANY FACILITY USED OR TO
BE USED AS A PLACE FOR SECTARIAN RELIGIOUS INSTRUCTION OR WORHSIP;
//68A STAT. 163., 26 U.S.C. 501.//
(D) WILL CONTRIBUTE TO THE GENERAL WELFARE OF THE COMMUNITY;
(E) WILL PROVIDE EMPLOYMENT FOR ELIGIBLE INDIVIDUALS WHOSE
OPPORTUNITIES FOR OTHER SUITABLE PUBLIC OR PRIVATE PAID EMPLOYMENT
ARE POOR;
(F) WILL RESULT IN AN INCREASE IN EMPLOYMENT OPPORTUNITIES FOR
ELIGIBLE INDIVIDUALS, AND WILL NOT RESULT IN THE DISPLACEMENT OF
EMPLOYED WORKERS OR IMPAIR EXISTING CONTRACTS;
(G) WILL UTILIZE METHODS OF RECRUITMENT AND SELECTION
(INCLUDING, BUT NOT LIMITED TO, LISTING OF JOB VACANCIES WITH THE
EMPLOYMENT AGENCY OPERATED BY ANY STATE OR POLITICAL SUBDIVISION
THEREOF) WHICH WILL ASSURE THAT THE MAXIMUM NUMBER OF ELIGIBLE
INDIVIDUALS WILL HAVE AN OPPORTUNITY TO PARTICIPATE IN THE
PROJECT;
(H) WILL INCLUDE SUCH TRAINING AS MAY BE NECESSARY TO MAKE THE
MOST EFFECTIVE USE OF THE SKILLS AND TALENTS OF THOSE INDIVIDUALS
WHO ARE PARTICIPATING, AND WILL PROVIDE FOR THE PAYMENT OF THE
REASONABLE EXPENSES OF INDIVIDUALS BEING TRAINED, INCLUDING
AREASONABLE SUBSISTENCE ALLOWANCE;
(I) WILL ASSURE THAT SAFE AND HEALTHY CONDITIONS OF WORK WILL
BE PROVIDED, AND WILL ASSURE THAT PERSONS EMPLOYED IN PUBLIC
SERVICE JOBS ASSISTED UNDER THIS TITLE SHALL BE PAID WAGES WHICH
SHALL NOT BE LOWER THAN WHICHEVER IS THE HIGHEST OF (I) THE
MINIMUM WAGE WHICH WOULD BE APPLICABLE TO THE EMPLOYEE UNDER THE
FAIR LABOR STANDARDS ACT OF 1938, IF SECTION 6 (A) (1) OF SUCH ACT
APPLIED TO THE PARTICIPANT AND IF HE WERE NOT EXEMPT UNDER SECTION
13 THEREOF, (II) THE STATE OR LOCAL MINIMUM WAGE FOR THE MOST
NEARLY COMPARABLE COVERED EMPLOYMENT, OR (III) THE PREVAILING
RATES OF PAY FOR PERSONS EMPLOYED IN SIMILAR PUBLIC OCCUPATIONS BY
THE SAME EMPLOYER; //52 STAT. 1060., 29 U.S.C. 201., 80 STAT.
838., 29 STAT. 206., 29 STAT. 213.//
(J) WILL BE ESTABLISHED OR ADMINISTERED WITH THE ADVICE OF
PERSONS COMPETENT IN THE FIELD OF SERVICE IN WHICH EMPLOYMENT IS
BEING PROVIDED, AND OF PERSONS WHO ARE KNOWLEDGEABLE WITH REGARD
TO THE NEEDS OF OLDER PERSONS;
(K) WILL AUTHORIZE PAY FOR NECESSARY TRANSPORTATION COSTS OF
ELIGIBLE INDIVIDUALS WHICH MAY BE INCURRED IN EMPLOYMENT IN ANY
PROJECT FUNDED UNDER THIS TITLE IN ACCORDANCE WITH REGULATIONS
PROMULGATED BY THE SECRETARY; AND
(L) WILL ASSURE THAT TO THE EXTENT FEASIBLE SUCH PROJECTS WILL
SERVE THE NEEDS OF MINORITY, INDIAN, AND LIMITED ENGLISH-SPEAKING
ELIGIBLE INDIVIDUALS IN PROPORTION TO THEIR NUMBERS IN THE STATE;
(2) TO MAKE, ISSUE, AND AMEND SUCH REGULATIONS AS MAY BE
NECESSARY TO EFFECTIVELY CARRY OUT THE PROVISIONS OF THIS TITLE.
(C) (1) THE SECRETARY IS AUTHORIZED TO PAY NOT TO EXCEED 90 PER
CENTUM OF THE COST OF ANY PROJECT WHICH IS THE SUBJECT OF AN AGREEMENT
ENTERED INTO UNDER SUBSECTION (B), EXCEPT THAT THE SECRETARY IS
AUTHORIZED TO PAY ALL OF THE COSTS OF ANY SUCH PROJECT WHICH IS (A) AN
EMERGENCY OR DISASTER PROJECT OR (B) A PROJECT LOCATED IN AN
ECONOMICALLY DEPRESSED AREA AS DETERMINED IN CONSULATATION WITH THE
SECRETARY OF COMMERCE AND THE DIRECTOR OF THE OFFICE OF ECONOMIC
OPPORTUNITY.
(2) THE NON-FEDERAL SHARE SHALL BE IN CASH OR IN KIND. IN
DETERMINING THE AMOUNT OF THE NON-FEDERAL SHARE, THE SECRETARY IS
AUTHORIZED TO ATTRIBUTE FAIR MARKET VALUE TO SERVICES AND FACILITIES
CONTRIBUTED FROM NON-FEDERAL SOURCES.
SEC. 903. (A) IN ORDER TO EFFECTIVELY CARRY OUT THE PURPOSES OF THIS
TITLE, THE SECRETARY IS AUTHORIZED TO CONSULT WITH AGENCIES OF STATES
AND THEIR POLITICAL SUBDIVISIONS WITH REGARD TO --
(1) THE LOCALITIES IN WHICH COMMUNITY SERVICE PROJECTS OF THE
TYPE AUTHORIZED BY THIS TITLE ARE MOST NEEDED;
(2) CONSIDERATION OF THE EMPLOYMENT SITUATION AND THE TYPES OF
SKILLS POSSESSED BY AVAILABLE LOCAL INDIVIDUALS WHO ARE ELIBIBLE
TO PARTICIPATE; AND
(3) POTENTIAL PROJECTS AND THE NUMBER AND PERCENTAGE OF
ELIGIBLE INDIVIDUALS IN THE LOCAL POPULATION.
(B) (1) THE SECRETARY IS AUTHORIZED AND DIRECTED TO REQUIRE AGENCIES
AND ORGANIZATIONS ADMINISTERING COMMUNITY SERVICE PROJECTS AND OTHER
ACTIVITIES ASSISTED UNDER THIS TITLE TO COORDINATE THEIR PROJECTS AND
ACTIVITIES WITH AGENCIES AND ORGANIZATIONS CONDUCTING RELATED MANPOWER
AND UNEMPLOYMENT PROGRAMS RECEIVING ASSISTANCE UNDER THIS ACT AND UNDER
OTHER AUTHORITIES SUCH AS THE ECONOMIC OPPORTUNITY ACT OF 1964, THE
MANPOWER DEVELOPMENT AND TRAINING ACT OF 1962, AND THE EMERGENCY
EMPLOYMENT ACT OF 1971. //78 STAT. 508., 76 STAT. 23., 42 U.S.C. 2701
NOTE, 2571 NOTE., 85 STAT. 146., 42 U.S.C. 4871 NOTE.// IN CARRYING OUT
THE PROVISIONS OF THIS PARAGRAPH, THE SECRETARY IS AUTHORIZED TO MAKE
NECESSARY ARRANGEMENTS TO INCLUDE PROJECTS AND ACTIVITIES ASSISTED UNDER
THIS TITLE WITHIN A COMMON AGREEMENT AND A COMMON APPLICATION WITH
PROJECTS ASSESTED UNDER THIS ACT AND OTHER PROVISIONS OF LAW SUCH AS THE
ECONOMIC OPPORTUNITY ACT OF 1964, THE MANPOWER DEVELOPMENT AND TRAINING
ACT OF 1962, THE EMERGENCY EMPLOYMENT ACT OF 1971.
(2) THE SECRETARY IS AUTHORIZED TO MAKE WHATEVER ARRANGEMENTS THAT
ARE NECESSARY TO CARRY OUT THE PROGRAMS ASSISTED UNDER THIS TITLE AS
PART OF ANY GENERAL MANPOWER LEGISLATION HEREAFTER ENACTED, EXCEPT AS
PART OF ANY GENERAL MANPOWER LEGISLATION HEREAFTER ENACTED, EXCEPT THAT
APPROPRIATIONS FOR PROGRAMS ASSISTED UNDER THIS TITLE MAY NOT BE
EXPENDED FOR PROGRAMS ASSISTED UNDER THAT TITLE.
TC) IN CARRYING OUT THE PROVISIONS OF THIS TITLE, THE SECRETARY IS
AUTHORIZED TO USE, WITH THEIR CONSENT, THE SERVICES, EQUIPMENT,
PERSONNEL, AND FACILITIES OF FEDERAL AND OTHER AGENCIES WITH OR WITHOUT
REIMBURSEMENT, AND ON A SIMILAR BASIS TO COOPERATE WITH OTHER PUBLIC AND
PRIVATE AGENCIES, AND INSTRUMENTALITIES IN THE USE OF SERVICES,
EQUIPMENT, AND FACILITIES.
(D) THE SECRETARY SHALL ESTABLISH CRITERIA DESIGNED TO ASSURE
EQUITABLE PARTICIPATION IN THE ADMINISTRATION OF COMMUNITY SERVICE
PROJECTS BY AGENCIES AND ORGANIZATIONS ELIGIBLE FOR PAYMENT UNDER
SECTION 902 (B).
(E) PAYMENTS UNDER THIS TITLE MAY BE MADE IN ADVANCE OR BY WAY OF
REIMBURSEMENT AND IN SUCH INSTALLMENTS AS THE SECRETARY MAY DETERMINE.
(F) THE SECRETARY SHALL NOT DELEGATE HIS FUNCTIONS AND DUTIES UNDER
THIS TITLE TO ANY OTHER DEPARTMENT OR AGENCY OF GOVERNMENT.
SEC. 904. (A) ELIGIBLE INDIVIDUALS WHO ARE EMPLOYED IN ANY PROJECT
FUNDED UNDER THIS TITLE SHALL NOT BE CONSIDERED TO BE FEDERAL EMPLOYEES
AS A RESULT OF SUCH EMPLOYMENT AND SHALL NOT BE SUBJECT TO THE
PROVISIONS OF PART III OF TITLE 5, UNITED STATES CODE. //80 STAT. 407.
5 U.S.C. 2101.//
(B) NO CONTRACT SHALL BE ENTERED INTO UNDER THIS TITLE WITH A
CONTRACTOR WHO IS, OR WHOSE EMPLOYEES ARE, UNDER STATE LAW, EXEMPTED
FROM OPERATION OF THE STATE WORKMEN'S COMPENSATION LAW, GENERALLY
APPLICABLE TO EMPLOYEES, UNLESS THE CONTRACTOR SHALL UNDERTAKE TO
PROVIDE EITHER THROUGH INSURANCE BY A RECOGNIZED CARRIER, OR BY SELF
INSURANCE, AS ALLOWED BY STATE LAW, THAT THE PERSONS EMPLOYED UNDER THE
CONTRACT, SHALL ENJOY WORKMEN'S COMPENSATION COVERAGE EQUAL TO THAT
PROVIDED BY LAW FOR COVERED EMPLOYMENT. THE SECRETARY MUST ESTABLISH
STANDARDS FOR SEVERANCE BENEFITS, IN LIEU OF UNEMPLOYMENT INSURANCE
COVERAGE, FOR ELIGIBLE INDIVIDUALS WHO HAVE PARTICIPATED IN QUALIFYING
PROGRAMS AND WHO HAVE BECOME UNEMPLOYED.
SEC. 905. THE SECRETARY SHALL CONSULT AND COOPERATE WITH THE OFFICE
OF ECONOMIC OPPORTUNITY, THE ADMINISTRATION ON AGING, THE DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE, AND ANY OTHER RELATED FEDERAL AGENCY
ADMINISTERING RELATED PROGRAMS, WITH A VIEW TO ACHIEVING OPTIMAL
COORDINATION WITH SUCH OTHER PROGRAMS AND SHALL PROMOTE THE COORDINATION
OF PROJECTS UNDER THIS TITLE WITH OTHER PUBLIC AND PRIVATE PROGRAMS OR
PROJECTS OF A SIMILAR NATURE. SUCH FEDERAL AGENCIES SHALL COOPERATE
WITH THE SECRETARY IN DISSEMINATING INFORMATION ABOUT THE AVAILABILITY
OF ASSISTANCE UNDER THIS TITLE AND IN PROMOTING THE IDENTIFICATION AND
INTERESTS OF INDIVIDUALS ELIGIBLE FOR EMPLOYMENT IN PROJECTS FUNDED
UNDER THIS TITLE.
SEC. 906. (A) (1) FROM THE SUMS APPROPRIATED FOR ANY FISCAL YEAR
UNDER SECTION 908 THERE SHALL BE INITIALLY ALLOTTED FOR PROJECTS WITHIN
EACH STATE AN AMOUNT WHICH BEARS THE SAME RATIO TO SUCH SUM AS THE
POPULATION, AGED FIFTY-FIVE OR OVER IN SUCH STATE BEARS TO THE
POPULATION AGED FIFTY-FIVE OR OVER IN ALL STATES, EXCEPT THAT (A) NO
STATE SHALL BE ALLOTTED LESS THAN ONE-HALF OF 1 PER CENTUM OF THE SUM
APPROPRIATED FOR THE FISCAL YEAR FOR WHICH THE DETERMINATION IS MADE;
AND (B) GUAM, AMERICAN SAMOA, THE VIRGIN ISLANDS, AND THE TRUST
TERRITORY OF THE PACIFIC ISLANDS SHALL EACH BE ALLOTTED AN AMOUNT EQUAL
TO ONE-FOURTH OF 1 PER CENTUM OF THE SUM APPROPRIATED FOR THE FISCAL
YEAR FOR WHICH THE DETERMINATION IS MADE. FOR THE PRUPOSE OF THIS
EXCEPTION CONTAINED IN THIS PARAGRAPH, THE TERM "STATE" DOES NOT INCLUDE
GUAM, AMERICAN SAMOA, THE VIRGIN ISLANDS, AND THE TRUST TERRITORY OF THE
PACIFIC ISLANDS. //87 STAT. 63; 87 STAT. 64//
(2) THE NUMBER OF PERSONS AGED FIFTY-FIVE OR OVER IN ANY STATE AND
FOR ALL STATES SHALL BE DETERMINED BY THE SECRETARY ON THE BASIS OF THE
MOST SATISFACTORY DATA AVAILABLE TO HIM.
(B) THE AMOUNT ALLOTTED FOR PROJECTS WITHIN ANY STATE UNDER
SUBSECTION (A) FOR ANY FISCAL YEAR WHICH THE DECRETARY DETERMINES WILL
NOT BE REQUIRED FOR THAT YEAR SHALL BE REALLOTTED, FROM TIME TO TIME AND
ON SUCH DATES DURING SUCH YEAR AS THE SECRETARY MAY FIX, TO PROJECTS
WITHIN OTHER STATES IN PROPORTION TO THE ORIGINAL ALLOTMENTS TO PROJECTS
WITHIN SUCH STATES UNDER SUBSECTION (A) FOR THAT YEAR, BUT WITH SUCH
PROPORTIONATE AMOUNT FOR ANY OF SUCH OTHER STATES BEING REDUCED TO THE
EXTENT IT EXCEEDS THE SUM THE SECRETARY ESTIMATES THAT PROJECTS WITHIN
SUCH STATE NEED AND WILL BE ABLE TO USE FOR SUCH YEAR; AND THE TOTAL OF
SUCH REDUCTIONS SHALL BE SIMILARLY REALLOTTED AMONG THE STATES WHOSE
PROPORTIONATE AMOUNTS WERE NOT SO REDUCED. ANY AMOUNT REALLOTTED TO A
STATE UNDER THIS SUBSECTION DURING A YEAR SHALL BE DEEMED PART OF ITS
ALLOTMENT UNDER SUBSECTION (A) FOR THAT YEAR.
(C) THE AMOUNT APPORTIONED FOR PROJECTS WITHIN EACH STATE UNDER
SUBSECTION (A) SHALL BE APPORTIONED AMONG AREAS WITHIN EACH SUCH STATE
IN AN EQUITABLE MANNER, TAKING INTO CONSIDERATION THE PROPORTION WHICH
ELIGIBLE PERSONS IN EACH SUCH AREA BEARS TO SUCH TOTAL NUMBER OF SUCH
PERSONS, RESPECTIVELY, IN THAT STATE.
SEC. 907. AS USED IN THIS TITLE --
(A) "STATE" MEANS ANY OF THE SEVERAL STATES OF THE UNITED
STATES, THE DISTRICT OF COLUMBIA, PUERTO RICO, THE VIRGIN ISLANDS,
AMERICAN SAMOA, GUAM, AND THE TRUST TERRITORY OF THE PACIFIC
ISLANDS;
(B) "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS FIFTY-FIVE
YEARS OLD OR OLDER, WHO HAS A LOW INCOME, AND WHO HAS OR WOULD
HAVE DIFFICULTY IN SECURING EMPLOYMENT, EXCEPT THAT PURSUANT TO
REGULATIONS PRESCRIBED BY THE SECRETARY ANY SUCH INDIVIDUAL WHO IS
SIXTY YEARS OLD OR OLDER SHALL HAVE PRIORITY FOR THE WORK
OPPORTUNITIES PROVIDED FOR UNDER THIS ACT;
(C) "COMMUNITY SERVICE" MEANS SOCIAL, HEALTH, WELFARE,
EDUCATIONAL, LIBRARY, RECREATIONAL, AND OTHER SIMILAR SERVICES;
CONSERVATION, MAINTENANCE OR RESTORATION OF NATURAL RESOURCES;
COMMUNITY BETTERMENT OR BEAUTIFICATION; ANTIPOLLUTION AND
ENVIRONMENTAL QUALITY EFFORTS; ECONOMIC DEVELOPMENT; AND SUCH
OTHER SERVICES WHICH ARE ESSENTIAL AND NECESSARY TO THE COMMUNITY
AS THE SECRETARY, BY REGULATION, MAY PRESCRIBE.
SEC. 908. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED $60,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1973, AND $100,000,000 FOR FISCAL
YEAR ENDING JUNE 30, 1974, TO CARRY OUT THE PROVISIONS OF THIS TITLE.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 43 ACCOMPANYING H. R. 71 (COMM. ON
EDUCATION AND LABOR).
SENATE REPORT NO. 93 - 19 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 20, CONSIDERED AND PASSED SENATE. MAR. 13, CONSIDERED AND
PASSED HOUSE, AMENDED, IN LIEU OF
H. R. 71. APR. 18, SENATE CONCURRED IN HOUSE AMENDMENT WITH AN
AMENDMENT; HOUSE CONCURRED IN SENATE AMENDMENT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9, NO. 18:
MAY 4, PRESIDENTAIL STATEMENT.
PUBLIC LAW 93-29, 87 STAT. 30, OLDER AMERICANS COMPREHENSIVE SERVICE
AMENDMENTS OF 1973. (TITLES I THRU III)
TO STRENGTHEN AND IMPORVE THE OLDER AMERICANS ACT OF 1965, 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 "OLDER AMERICANS COMPREHENSIVE SERVICES AMENDMENTS OF
1973".
SEC. 101. THE CONGRESS FINDS THAT MILLIONS OF OLDER CITIZENS IN THIS
NATION ARE SUFFERING UNNECESSARY HARM FROM THE LACK OF ADEQUATE
SERVICES. IT IS THEREFORE THE PURPOSE OF THIS ACT, IN SUPPORT OF THE
OBJECTIVES OF THE OLDER AMERICANS ACT OF 1965, TO -- //79 STAT. 218; 42
U.S.C. 3001 NOTE.//
(1) MAKE AVAILABLE COMPREHENSIVE PROGRAMS WHICH INCLUDE A FULL
RANGE OF HEALTH, EDUCATION, AND SOCIAL SERVICES TO OUR OLDER
CITIZENS WHO NEED THEM,
(2) GIVE FULL AND SPECIAL CONSIDERATION TO OLDER CITIZENS WITH
SPECIAL NEEDS IN PLANNING SUCH PROGRAMS, AND, PENDING THE
AVAILABILITY OF SUCH PROGRAMS FOR ALL OLDER CITIZENS, GIVE
PRIORITY TO THE ELDERLY WITH THE GREATEST ECONOMIC AND SOCIAL
NEED,
(3) PROVIDE COMPREHENSIVE PROGRAMS WHICH WILL ASSURE THE
CORRDINATED DELIVERY OF A FULL RANGE OF ESSENTIAL SERVICES TO OUR
OLDER CITIZENS, AND, WHERE APPLICABLE, ALSO FURNISH MEANINGFUL
EMPLOYMENT OPPORTUNITIES FOR MANY INDIVIDUALS, INCLUDING OLDER
PERSONS, YOUNG PERSONS, AND VOLUNTEERS FROM THE COMMUNITY, AND
(4) INSURE THAT THE PLANNING AND OPERATION OF SUCH PROGRAMS
WILL BE UNDERTAKEN AS A PARTNERSHIP OF OLDER CITIZENS, COMMUNITY
AGENCIES, AND STATE AND LOCAL GOVERNMENTS, WITH APPROPRIATE
ASSISTANCE FROM THE FEDERAL GOVERNMENT.
SEC. 102. SECTION 101 (8) OF THE OLDER AMERICANS ACT OF 1965 IS
AMENDED BY INSERTING AFTER "SERVICES" THE FOLLOWING: ", INCLUDING
ACCESS TO LOW-COST TRANSPORTATION,". //42 U.S.C. 3001.//
SEC. 201. (A) SECTION 201 OF THE OLDER AMERICANS ACT OF 1965 IS
AMENDED TO READ AS FOLLOWS: //42 U.S.C. 3011.//
"SEC. 201. (A) THERE IS ESTABLISHED IN THE OFFICE OF THE SECRETARY
AN ADMINISTRATION ON AGING (HEREINAFTER IN THIS ACT REFERRED TO AS THE
'ADMINISTRATION') WHICH SHALL BE HEADED BY A COMMISSIONER ON AGING
(HEREINAFTER IN THIS ACT REFERRED TO AS THE 'COMMISSIONER'). EXCEPT FOR
TITLE VI AND AS OTHERWISE SPECIFICALLY PROVIDED BY THE OLDER AMERICANS
COMPREHENSIVE SERVICES AMENDMENTS OF 1973, THE ADMINISTRATION SHALL BE
THE PRINCIPAL AGENCY FOR CARRYING OUT THIS ACT. IN THE PERFORMANCE OF
HIS FUNCTIONS, THE COMMISSIONER SHALL BE DIRECTLY RESPONSIBLE TO THE
OFFICE OF THE SECRETARY. THE SECRETARY SHALL NOT APPROVE ANY DELEGATION
OF THE FUNCTIONS OF THE COMMISSIONER TO ANY OTHER OFFICER NOT DIRECTLY
RESPONSIBLE TO THE COMMISSIONER UNLESS THE SECRETARY SHALL FIRST SUBMIT
A PLAN FOR SUCH DELEGATION TO THE CONGRESS. SUCH DELEGATION IS
EFFECTIVE AT THE END OF THE FIRST PERIOD OF SIXTY CALENDAR DAYS OF
CONTINUOUS SESSION OF CONGRESS AFTER THE DATE ON WHICH THE PLAN FOR SUCH
DELEGATION IS TRANSMITTED TO IT: PROVIDED, HOWEVER, THAT WITHIN THIRTY
DAYS OF SUCH TRANSMITTAL, THE SECRETARY SHALL CONSULT WITH THE COMMITTEE
ON LABOR AND PUBLIC WELFARE OF THE SENATE AND THE COMMITTEE ON EDUCATION
AND LABOR OF THE HOUSE OF REPRESENTATIVES RESPECTING SUCH PROPOSED
DELEGATION. FOR THE PURPOSE OF THIS SECTION, CONTINUITY OF SESSION IS
BROKEN ONLY BY AN ADJOURNMENT OF CONGRESS SINE DIE, AND THE DAYS ON
WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN ADJOURNMENT OF MORE
THAN THREE DAYS TO A DAY CERTAIN ARE EXCLUDED IN THE COMPUTATION OF THE
THIRTY-DAY AND SIXTY-DAY PERIODS. UNDER PROVISIONS CONTAINED IN A
REORGANIZATION PLAN, A PROVISION OF THE PLAN MAY BE EFFECTIVE.
"(B) THE COMMISSIONER SHALL BE APPOINTED BY THE PRESIDENT BY AND WITH
THE ADVICE AND CONSENT OF THE SENATE."
(B) (1) SECTION 202 (4) OF THE OLDER AMERICANS ACT OF 1965 IS AMENDED
TO READ AS FOLLOWS: //79 STAT. 220; 42 U.S.C. 3011.//
"(4) DEVELOP PLANS, CONDUCT AND ARRANGE FOR RESEARCH IN THE
FIELD OF AGING, AND ASSIST IN THE ESTABLISHMENT OF AND CARRY OUT
PROGRAMS DESIGNED TO MEET THE NEEDS OF OLDER PERSONS FOR SOCIAL
SERVICES, INCLUDING NUTRITION, HOSPITALIZATION, PRERETIREMENT
TRAINING, CONTINUING EDUCATION, LOW-COST TRANSPORTATION AND
HOUSING, AND HEALTH SERVICES;'
(2) SECTION 202 OF THE OLDER AMERICANS ACT OF 1965 IS AMENDED BY
STRIKING OUT "AND" AT THE END OF PARAGRAPH (7), BY STRIKING OUT THE
PERIOD AT THE END OF PARAGRAPH (8) AND INSERTING IN LIEU THEREOF ";
AND", AND BY ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPHS:
"(9) DEVELOP BASIC POLICIES AND SET PRIORITIES WITH RESPECT TO
THE DEVELOPMENT AND OPERATION OF PROGRAMS AND ACTIVITIES CONDUCTED
UNDER AUTHORITY OF THIS ACT;
"(10) PROVIDE FOR THE COORDINATION OF FEDERAL PROGRAMS AND
ACTIVITIES RELATED TO SUCH PURPOSES;
"(11) COORDINATE, AND ASSIST IN, THE PLANNING AND DEVELOPMENT
BY PUBLIC (INCLUDING FEDERAL, STATE, AND LOCAL AGENCIES) AND
NONPROFIT PRIVATE ORGANIZATIONS OF PROGRAMS FOR OLDER PERSONS,
WITH A VIEW TO THE ESTABLISHMMENT OF A NATIONWIDE NETWORK OF
COMPREHENSIVE, COORDINATED SERVICES AND OPPORTUNITIES FOR SUCH
PERSONS;
"(12) CONVENE CONFERENCES OF SUCH AUTHORITIES AND OFFICIALS OF
PUBLIC (INCLUDING FEDERAL, STATE, AND LOCAL AGENCIES) AND
NONPROFIT PRIVATE ORGANIZATIONS CONCERNED WITH THE DEVELOPMENT AND
OPERATION OF PROGRAMS FOR OLDER PERSONS AS THE COMMISSIONER DEEMS
NECESSARY OR PROPER FOR THE DEVELOPMENT AND IMPLEMENTATION OF
POLICIES RELATED TO THE PURPOSES OF THIS ACT;
"(13) DEVELOP AND OPERATE PROGRAMS PROVIDING SERVICES AND
OPPORTUNITIES AS AUTHORIZED BY THIS ACT WHICH ARE NOT OTHERWISE
PROVIDED BY EXISTING PROGRAMS FOR OLDER PERSONS;
"(14) CARRY ON A CONTINUING EVALUATION OF THE PROGRAMS AND
ACTIVITIES RELATED TO THE PURPOSES OF THIS ACT, WITH PARTICULAR
ATTENTION TO THE IMPACT OF MEDICARE AND MEDICAID, THE AGE
DISCRIMINATION ACT OF 1967, AND THE PROGRAMS OF THE NATIONAL
HOUSING ACT RELATING TO HOUSING FOR THE ELDERLY AND THE SETTING OF
STANDARDS FOR THE LICENSING OF NURSING HOMES, INTERMEDIATE CARE
HOMES, AND OTHER FACILITIES PROVIDING CARE FOR OLDER PEOPLE; //81
STAT 602; 29 U.S.C. 621 NOTE. 48 STAT. 1246; 12 U.S.C. 1701 AND
NOTE.//
"(15) PROVIDE INFORMATION AND ASSISTANCE TO PRIVATE NONPROFIT
ORGANIZATIONS FOR THE ESTABLISHMENT AND OPERATION BY THEM OF
PROGRAMS AND ACTIVITIES RELATED TO THE PURPOSES OF THIS ACT; AND
"(16) DEVELOP, IN COORDINATION WITH OTHER AGENCIES, A NATIONAL
PLAN FOR MEETING THE NEEDS FOR TRAINED PERSONNEL IN THE FIELD OF
AGING, AND FOR TRAINING PERSONS FOR CARRYING OUT PROGRAMS RELATED
TO THE PURPOSES OF THIS ACT, AND CONDUCT AND PROVIDE FOR THE
CONDUCTING OF SUCH TRAINING."
(3) SECTION 202 OF THE ACT (AS AMENDED BY THE PRECEDING PROVISIONS OF
THIS SUBSECTION) IS FURTHER AMENDED BY INSERTING "(A)" AFTER "SEC.
202.", AND BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
//ANTE, P. 31.//
"(B) IN EXECUTING HIS DUTIES AND FUNCTIONS UNDER THIS ACT AND
CARRYING OUT THE PROGRAMS AND ACTIVITIES PROVIDED FOR BY THIS ACT, THE
COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF ACTION, SHALL TAKE
ALL POSSIBLE STEPS TO ENCOURAGE AND PERMIT VOLUNTARY GROUPS ACTIVE IN
SOCIAL SERVICES, INCLUDING YOUTH ORGANIZATIONS ACTIVE AT THE HIGH SCHOOL
OR COLLEGE LEVELS, TO PARTICIPATE AND BE INVOLVED INDIVIDUALLY OR
THROUGH REPRESENTATIVE GROUPS IN SUCH PROGRAMS OR ACTIVITIES TO THE
MAXIMUM EXTENT FEASIBLE, THROUGH THE PERFORMANCE OF ADVISORY OR
CONSULTATIVE FUNCTIONS, AND IN OTHER APPROPRIATE WAYS."
(C) TITLE II OF THE OLDER AMERICANS ACT OF 1965 IS FURTHER AMENDED BY
ADDING AT THE END THEROF THE FOLLOWING NEW SECTIONS: //79 STAT. 220;
42 U.S.C. 3011.//
"SEC. 203. FEDERAL AGENCIES PROPOSING TO ESTABLISH PROGRAMS
SUBSTANTIALLY RELATED TO THE PURPOSES OF THIS ACT SHALL CONSULT WITH THE
ADMINISTRATION ON AGING PRIOR TO THE ESTABLISHMENT OF SUCH SERVICES, AND
FEDERAL AGENCIES ADMINISTERING SUCH PROGRAMS SHALL COOPERATE WITH THE
ADMINISTRATION ON AGING IN CARRYING OUT SUCH SERVICES.
"SEC. 204. (A) THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO
ESTABLISH AND OPERATE A NATIONAL INFORMATION AND RESOURCE CLEARING HOUSE
FOR THE AGING WHICH SHALL --
"(1) COLLECT, ANALYZE, PREPARE, AND DISSEMINATE INFORMATION
RELATED TO THE NEEDS AND INTERESTS OF OLDER PERSONS;
"(2) OBTAIN INFORMATION CONCERNING OLDER PERSONS FROM PUBLIC
AND PRIVATE AGENCIES AND OTHER ORGANIZATIONS SERVING THE NEEDS AND
INTERESTS OF OLDER PERSONS AND FURNISH, UPON REQUEST, INFORMATION
TO SUCH AGENCIES AND ORGANIZATIONS, INCLUDING INFORMATION
DEVELOPED BY FEDERAL, STATE, AND LOCAL PUBLIC AGENCIES WITH
RESPECT TO PROGRAMS OF SUCH AGENCIES DESIGNED TO SERVE THE NEEDS
AND INTERESTS OF OLDER PERSONS;
"(3) ENCOURAGE THE ESTABLISHMENT OF STATE AND LOCAL INFORMATION
CENTERS AND PROVIDE TECHNICAL ASSISTANCE TO SUCH CENTERS,
INCLUDING SOURCES ESTABLISHED UNDER SECTION 304 (C) (3) AND
SECTION 305 (A) (7), TO ASSIST OLDER PERSONS TO HAVE READY ACCESS
TO INFORMATION; AND
"(4) CARRY OUT A SPECIAL PROGRAM FOR THE COLLECTION AND
DISSEMINATION OF INFORMATION RELEVANT TO CONSUMER INTERSTS OF
OLDER PERSONS IN ORDER THAT SUCH OLDER PERSONS MAY MORE READILY
OBTAIN INFORMATION CONCERNING GOODS AND SERVICES NEEDED BY THEM.
"(B) THE COMMISSIONER SHALL TAKE WHATEVER ACT IS NECESSARY TO ACHIEVE
COORDINATION OF ACTIVITIES CARRIED OUT OR ASSISTAED BY ALL DEPARTMENTS,
AGENCIES, AND INSTRUMENTALITIES OF THE FEDERAL GOVERNMENT WITH RESPECT
TO THE COLLECTION, PREPARATION, AND DISSEMINATION OF INFORMATION
RELEVANT TO OLDER PERSONS. TO THE EXTENT PRACTICABLE, THE COMMISSIONER
SHALL CARRY OUT HIS FUNCTIONS UNDER THIS SUBSECTION THROUGH THE NATIONAL
INFORMATION AND RESOURCE CLEARING HOUSE FOR THE AGING.
"(C) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THE
PURPOSES OF THIS SECTION DURING THE FISCAL YEAR ENDING JUNE 30, 1973,
THE FISCAL YEAR ENDING JUNE 30, 1974, AND THE FISCAL YEAR ENDING JUNE
30, 1975, SUCH SUMS AS MAY BE NECESSARY.
"SEC. 205. (A) THERE IS ESTABLISHED A FEDERAL COUNCIL ON THE AGING
TO BE COMPOSED OF FIFTEEN MEMBERS APPOINTED BY THE PRESIDENT WITH THE
ADVICE AND CONSENT OF THE SENATE FOR TERMS OF THREE YEARS WITHOUT REGARD
TO THE PROVISIONS OF TITLE 5, UNITED STATES CODE. MEMBERS SHALL BE
APPOINTED SO AS TO BE REPRESENTATIVE OF OLDER AMERICANS, NATIONAL
ORGANIZATIONS WITH AN INTEREST IN AGING, BUSINESS, LABOR, AND THE
GENERAL PUBLIC. AT LEAST FIVE OF THE MEMBERS SHALL THEMSELVES BE OLDER
PERSONS. //80 STAT. 378; 5 U.S.C. 101.//
"(B) (1) OF THE MEMBERS FIRST APPOINTED, FIVE SHALL BE APPOINTED FOR
A TERM OF ONE YEAR, FIVE SHALL BE APPOINTED FOR A TERM OF TWO YEARS, AND
FIVE SHALL BE APPOINTED FOR A TERM OF THREE YEARS, AS DESIGNATED BY THE
PRESIDENT AT THE TIME OF APPOINTMENT.
"(2) ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE
EXPIRATION OF THE TERM FOR WHICH HIS PREDECESSOR WAS APPOINTED SHALL BE
APPOINTED ONLY FOR THE REMAINDER OF SUCH TERM. MEMBERS SHALL BE
ELIGIBLE FOR REAPPOINTMENT AND MAY SERVE AFTER THE EXPIRATION OF THIER
TERMS UNTIL THEIR SUCCESSORS HAVE TAKEN OFFICE.
"(3) ANY VACANCY IN THE COUNCIL SHALL NOT AFFECT ITS POWERS, BUT
SHALL BE FILLED IN THE SAME MANNER BY WHICH THE ORIGINAL APPOINTMENT WAS
MADE.
"(4) MEMBERS OF THE COUNCIL SHALL, WHILE SERVING ON BUSINESS OF THE
COUNCIL, BE ENTITLED TO RECEIVE COMPENSATION AT A RATE NOT TO EXCEED THE
DAILY RATE SPECIFIED FOR GRADE GS - 18 IN SECTION 5332 OF TITLE 5,
UNITED STATES CODE, INCLUDING TRAVELTIME, AND WHILE SO SERVING AWAY FROM
THEIR HOMES OR REGUALR PLACES OF BUSINESS, THEY MAY BE ALLOWED TRAVEL
EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE, IN THE SAME MANNER
AS THE EXPENSES AUTHORIZED BY SECTION 5703 (B) OF TITLE 5, UNITED STATES
CODE, FOR PERSONS IN THE GOVERNMENT SERVICE EMPLOYED INTERMITTENTLY.
//5 U.S.C. 5332 NOTE., 80 STAT. 499; 83 STAT. 190.//
"(C) THE PRESIDENT SHALL DESIGNATE THE CHAIRMAN FROM AMONG THE
MEMBERS APPOINTED TO THE COUNCIL. THE COUNCIL SHALL MEET AT THE CALL OF
THE CHAIRMAN BUT NOT LESS OFTEN THAN FOUR TIMES A YEAR. THE SECRETARY
AND THE COMMISSIONER ON AGING SHALL BE EX OFFICIO MEMBERS OF THE
COUNCIL.
"(D) THE COUNCIL SHALL --
"(1) ADVISE AND ASSIST THE PRESIDENT ON MATTERS RELATING TO THE
SPECIAL NEEDS OF OLDER AMERICANS;
"(2) ASSIST THE COMMISSIONER IN MAKING THE APPRIASAL OF NEEDS
REQUIRED BY SECTION 402; //POST, P. 45.//
"(3) REVIEW AND EVALUATE, ON A CONTINUING BASIS, FEDERAL
POLICIES REGARDING THE AGING AND PROGRAMS AND OTHER ACTIVITIES
AFFECTING THE AGING CONDUCTED OR ASSISTAED BY ALL FEDERAL
DEPARTMENTS AND AGENCIES FOR THE PURPOSE OF APPRAISING THEIR VALUE
AND THEIR IMPACT ON THE LIVES OF OLDER AMERICANS; AND
"(4) SERVE AS A SPOLESMAN ON BEHALF OF OLDER AMERICANS BY
MAKING RECOMMENDATIONS TO THE PRESIDENT, TO THE SECRETARY, THE
COMMISSIONER, AND TO THE CONGRESS WITH RESPECT TO FEDERAL POLICIES
REGARDING THE AGING AND FEDERALLY CONDUCTED OR ASSISTED PROGRAMS
AND OTHER ACTIVITIES RELATING TO OR AFFECTING THEM;
"(4) INFORM THE PUBLIC ABOUT THE PROBLEMS AND NEEDS OF THE
AGING, IN CONSULTATION WITH THE NATIONAL INFORMATION AND RESOURCE
CLEARING HOUSE FOR THE AGING, BY COLLECTING AND DISSEMINATING
INFORMATION, CONDUCTING OR COMMISSIONING STUDIES AND PUBLISHING
THE RESULTS THEREOF, AND BY ISSUING PUBLICATIONS AND REPORTS; AND
"(6) PROVIDE PUBLIC FORUMS FOR DISCUSSING AND PUBLICIZING THE
PROBLEMS AND NEEDS OF THE AGING AND OBTAINING INFORMATION RELATING
THERETO BY CONDUCTING PUBLIC HEARINGS, AND BY CONDUCTING OR
SPONSORING CONFERENCES, WORKSHOPS, AND OTHER SUCH MEETINGS.
"(E) THE SECRETARY AND THE COMMISSIONER SHALL MAKE AVAILABLE TO THE
COUNCIL SUCH STAFF, INFORMATION, AND OTHER ASSISTANCE AS ITMAY REQUIRE
TO CARRY OUT ITS ACTIVITIES.
"(F) BEGINNING WITH THE YEAR 1974 THE COUNCIL SHALL MAKE SUCH INTERIM
REPORTS AS IT DEEMS ADVISABLE AND AN ANNUAL REPORT OF ITS FINDINGS AND
RECOMMENDATIONS TO THE PRESIDENT NOT LATER THAN MARCH 31 OF EACH YEAR.
THE PRESIDENT SHALL TRANSMIT EACH SUCH REPORT TO THE CONGRESS TOGETHER
WITH HIS COMMENTS AND RECOMMENDATIONS.
"(G) THE COUNCIL SHALL UNDERTAKE A STUDY OF THE INTERRELATIONSHIPS OF
BENEFIT PROGRAMS FOR THE ELDERLY OPERATED BY FEDERAL, STATE, AND LOCAL
GOVERNMENT AGENCIES. FOLLOWING THE COMPLETION OF THIS STUDY, BUT NO
LATER THAN EIGHTEEN MONTHS AFTER ENACTMENT OF THIS ACT, THE PRESIDENT
SHALL SUBMIT TO CONGRESS RECOMMENDATIONS FOR BRINGING ABOUT GREATER
UNIFORMITY OF ELIGIBILITY STANDARDS, AND FOR ELIMINATING THE NEGATIVE
IMPACT THAT ONE PAROGRAM'S STANDARDS MAY HAVE ON ANOTHER.
"(H) THE COUNCIL SHALL UNDERTAKE A STUDY OF THE COMBINED IMPACT OF
ALL TAXES ON THE ELDERLY -- INCLUDING BUT NOT LIMITED TO INCOME,
PROPERTY, SALES, SOCIAL SECURITY TAXES. UPON COMPLETION OF THIS STUDY,
BUT NO LATER THAN EIGHTEEN MONTHS AFTER ENACTMENT OF THIS ACT, THE
PRESIDENT SHALL SUBMIT TO CONGRESS, AND TO THE GOVERNOR AND LEGISLATURES
OF THE STATES, THE RESULTS THEREOF AND SUCH RECOMMENDATIONS AS HE DEEMS
NECESSARY.
"(I) THE COUNCIL SHALL UNDERTAKE A STUDY OR STUDIES CONCERNING THE
EFFECTS OF THE FORMULAE SPECIFIED IN SECTION 303 FOR ALLOTMENT AMONG THE
STATES OF SUMS APPROPRIATED FOR AREA PLANNING AND SOCIAL SERVICE
PROGRAMS AUTHORIZED UNDER TITLE III OF THIS ACT. UPON COMPLETION OF
THIS STUDY, NOT NO LATER THAN JANUARY 1, 1975, THE RESULTS OF SUCH STUDY
TOGETHER WITH RECOMMENDATIONS FOR SUCH CHANGES IF ANY, IN SUCH FORMULAE
AS MAY BE DETERMINED TO BE DESIRABLE, AND THE JUSTIFICATION FOR ANY
CHANGES RECOMMENDED, SHALL BE SUBMITTED TO THE COMMISSIONER, THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE, THE COMMITTEE ON LABOR AND
PUBLIC WELFARE OF THE SENATE, AND THE COMMITTEE ON EDUCATION AND LABOR
OF THE HOUSE OF REPRESENTATIVES. //POST, P. 37., POST, P. 36.//
"SEC. 206. (A) IN CARRYING OUT THE PURPOSES OF THIS ACT, THE
COMMISSIONER IS AUTHORIZED TO:
"(1) PROVIDE CONSULTATIVE SERVICES AND TECHNICAL ASSISTANCE TO
PUBLIC OR NONPROFIT PRIVATE AGENCIES AND ORGANIZATIONS;
"(2) PROVIDE SHORT-TERM TRAINING AND TECHNICAL INSTRUCTION;
"(3) CONDUCT RESEARCH AND DEMONSTRATIONS;
"(4) COLLECT, PREPARE, PUBLISH, AND DISSEMINATE SPECIAL
EDUCATIONAL OR INFORMATIONAL MATERIALS, INCLUDING REPORTS OF THE
PROJECTS FOR WHICH FUNDS ARE PROVIDED UNDER THIS ACT; AND
"(5) PROVIDE STAFF AND OTHER TECHNICAL ASSISTANCE TO THE
FEDERAL COUNCIL ON THE AGING.
"(B) IN ADMINISTERING HIS FUNCTIONS UNDER THIS ACT, THE COMMISSIONER
MAY UTILIZE THE SERVICES AND FACILITIES OF ANY AGENCY OF THE FEDERAL
GOVERNMENT AND OF ANY OTHER PUBLIC OR NONPROFIT AGENCY OR ORGANIZATION,
IN ACCORDANCE WITH AGREEMENTS BETWEEN THE COMMISSIONER AND THE HEAD
THEREOF, AND IS AUTHORIZED TO PAY THEREFOR, IN ADVANCE OR BY WAY OR
REIMBURSEMENT, AS MAY BE PROVIDED IN THE AGREEMENT.
"(C) FOR THE PURPOSE OF CARRYING OUT THIS SECTION, THERE ARE
AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE NECESSARY.
"SEC. 207. (A) THE SECRETARY SHALL MEASURE AND EVALUATE THE IMPACT OF
ALL PROGRAMS AUTHORIZED BY THIS ACT, THEIR EFFECTIVENESS IN ACHIEVING
STATED GOADS IN GENERAL, AND IN RELATION TO THEIR COST, THEIR IMPACT ON
RELATED PROGRAMS, AND THEIR STRUCTURE AND MECHANISMS FOR DELIVERY OF
SERVICES, INCLUDING WHERE APPROPRIATE, COMPARISONS WITH APPROPRIATE
CONTROL GROUPS COMPOSED OF PERSONS WHO HAVE NOT PARTICIPATED IN SUCH
PROGRAMS. EVALUATIONS SHALL BE CONDUCTED BY PERSONS NOT IMMEDIATELY
INVOLVED IN THE ADMINISTRATION OF THE PROGRAM OR PROJECT EVALUATED.
"(B) THE SECRETARY MAY NOT MAKE GRANTS OR CONTRACTS UNDER SECTION 308
OR TITLE IV OF THIS ACT UNTIL HE HAS DEVELOPED AND PUBLISHED GENERAL
STANDARDS TO BE USED BY HIM IN EVALUATING THE PROGRAMS AND PROJECTS
ASSISTED UNDER SUCH SECTION OR TITLE. RESULTS OF EVALUATIONS CONDUCTED
PURSUANT TO SUCH STANDARDS SHALL BE INCLUDED IN THE REPORTS REQUIRED BY
SECTION 208. //POST, PP. 44, 45.//
"(C) IN CARRYING OUT EVALUATIONS UNDER THIS SECTION, THE SECRETARY
SHALL, WHENVER POSSIBLE, ARRANGE TO OBTAIN THE OPINIONS OF PROGRAM AND
PROJECT PARTICIPANTS ABOUT THE STRENGTHS AND WEAKNESSES OF THE PROGRAMS
AND PROJECTS.
"(D) THE SECRETARY SHALL ANNUALLY PUBLISH SUMMARIES OF THE RESULTS OF
EVALUATIVE RESEARCH AND EVALUATION OF PROGRAM AND PROJECT IMPACT AND
EFFECTIVENESS, THE FULL CONTENTS OF WHICH SHALL BE AVAILABLE TO CONGRESS
AND THE PUBLIC.
"(E) THE SECRETARY SHALL TAKE THE NECESSARY ACTION TO ASSURE THAT ALL
STUDIES, EVALUATIONS, PROPOSALS, AND DATA PRODUCED OR DEVELOPED WITH
FEDERAL FUNDS SHALL BECOME THE PROPERTY OF THE UNITED STATES.
"(F) SUCH INFORMATION AS THE SECRETARY MAY DEEM NECESSARY FOR
PURPOSES OF THE EVALUATIONS CONDUCTED UNDER THIS SECTION SHALL BE MADE
AVAILABLE TO HIM, UPON REQUEST, BY THE DEPARTMENTS AND AGENICES OF THE
EXECUTIVE BRANCH.
"(G) THE SECRETARY IS AUTHORIZED TO USE SUCH SUMS AS MAY BE REQUIRED,
BUT NOT TO EXCEED 1 PER CENTUM OF THE FUNDS APPROPRIATED UNDER THIS ACT,
OR $1,000,000 WHICHEVER IS GREATER, TO CONDUCT PROGRAM AND PROJECT
EVALUATIONS (DIRECTLY, OR BY GRANTS OR CONTRACTS) AS REQUIRED BY THIS
TITLE. IN THE CASE OF ALLOTMENTS FROM SUCH AN APPROPRIATION, THE AMOUNT
AVAILABLE FOR SUCH ALLOTMENTS (AND THE AMOUNT DEEMED APPROPRIATED
THEREFOR) SHALL BE REDUCED ACCORDINGLY.
"SEC. 208. NOT LATER THAN ONE HUNDRED AND TWENTY DAYS AFTER THE
CLOSE OF EACH FISCAL YEAR, THE COMMISSIONER SHALL PREPARE AND SUBMIT TO
THE PRESIDENT FOR TRANSMITTAL TO THE CONGRESS A FULL AND COMPLETE REPORT
ON THE ACTIVITIES CARRIED OUT UNDER THIS ACT. SUCH ANNUAL REPORTS SHALL
INCLUDE STATISTICAL DATA REFLECTING SERVICES AND ACTIVITIES PROVIDED
INDIVIDUALS DURING THE PRECEDING FISCAL YEAR.
"SEC. 209. PURSUANT TO REGULATIONS PRESCRIBED BY THE PRESIDENT, AND
TO THE EXTENT CONSISTENT WITH THE OTHER PROVISIONS OF THIS ACT, WHERE
FUNDS ARE PROVIDED FOR A SINGLE PROJECT BY MORE THAN ONE FEDERAL AGENCY
TO ANY AGENCY OR ORGANIZATION ASSISTED UNDER THIS ACT, THE FEDERAL
AGENCY PRINCIPALLY INVOLVED MAY BE DESIGNATED TO ACT FOR ALL IN
ADMINISTERING THE FUNDS PROVIDED. IN SUCH CASES, A SINGLE NON-FEDERAL
SHARE REQUIREMENT MAY BE ESTABLISHED ACCORDING TO THE PROPORTION OF
FUNDS ADVANCED BY EACH FEDERAL AGENCY, AND ANY SUCH AGENCY MAY WAIVE ANY
TECHNICAL GRANT OR CONTRACT REQUIREMENT (AS DEFINED BY SUCH REGULATIONS)
WHICH IS INCONSISTENT WITH THE SIMILAR REQUIREMENTS OF THE ADMINISTERING
AGENCY OR WHICH THE ADMINISTERING AGENCY DOES NOT IMPOSE.
"SEC. 210. (A) FOR THE PURPOSE OF AFFORDING ADEQUATE NOTICE OF
FUNDING AVAILABLE UNDER THIS ACT, APPROPRIATIONS UNDER THIS ACT ARE
AUTHORIZED TO BE INCLUDED IN THE APPROPRIATION ACT FOR THE FISCAL YEAR
PRECEDING THE FISCAL YEAR FOR WHICH THEY ARE AVAILABLE FOR OBLIGATION.
"(B) IN ORDER TO EFFECT A TRANSITION TO THE ADVANCE FUNDING METHOD OF
TIMING APPROPRIATION ACTION, THE AMENDMENT MADE BY SUBSECTION (A) SHALL
APPLY NOTWITHSTANDING THAT ITS INITIAL APPLICATION WILL RESULT IN THE
ENACTMENT IN THE SAME YEAR (WHETHER IN THE SAME APPROPRIATION ACT OR
OTHERWISE) OF TWO SEPARATE APPROPRIATIONS, ONE FOR THE THEN CURRENT
FISCAL YEAR AND ONE FOR THE SUCCEEDING FISCAL YEAR."
SEC. 202. TITLE VIII OF THE OLDER AMERICANS ACT OF 1965 IS HEREBY
REPEALED. //86 STAT. 88., 42 U.S.C. 3045.//
SEC. 301. THE OLDER AMERICANS ACT OF 1965 IS AMENDED BY STRIKING OUT
TITLE III AND INSERTING IN LIEU THEREOF THE FOLLOWING NEW TITLE: //79
STAT. 220; 83 STAT. 108., 42 U.S.C. 3021.//
"SEC. 301. IT IS THE PURPOSE OF THIS TITLE TO ENCOURAGE AND ASSIST
STATE AND LOCAL AGENCIES TO CONCENTRATE RESOURCES IN ORDER TO DEVELOP
GREATER CAPACITY AND FOSTER THE DEVELOPMENT OF COMPREHENSIVE AND
COORDINATED SERVICE SYSTEMS TO SERVE OLDER PERSONS BY ENTERING INTO NEW
COOPERATIVE ARRANGEMENTS WITH EACH OTHER AND WITH PROVIDERS OF SOCIAL
SERVICES FOR PLANNING FOR THE PROVISION OF, AND PROVIDING, SOCIAL
SERVICES AND, WHERE NECESSARY, TO REORGANIZE OR REASSIGN FUNCTIONS, IN
ORDER TO --
"(1) SECURE AND MAINTAIN MAXIMUM INDEPENDENCE AND DIGNITY IN A
HOME ENVIRONMENT FOR OLDER PERSONS CAPABLE OF SELF CARE WITH
APPROPRIATE SUPPORTIVE SERVICES; AND
"(2) REMOVE INDIVIDUAL AND SOCIAL BARRIERS TO ECONOMIC AND
PERSONAL INDEPENDENCE FOR OLDER PERSONS.
"SEC. 302. FOR PURPOSES OF THIS TITLE --
"(1) THE TERM 'SOCIAL SERVICES' MEANS ANY OF THE FOLLOWING SERVICES
WHICH MEET SUCH STANDARDS AS THE COMMISSIONER MAY PRESCRIBE:
"(A) HEALTH, CONTINUING EDUCATION, WELFARE, INFORMATIONAL,
RECREATIONAL, HOMEMAKER, COUNSELING, OR REFERRAL SERVICES;
"(B) TRANSPORTATION SERVICES WHERE NECESSARY TO FACILITATE
ACCESS TO SOCIAL SERVICES;
"(C) SERVICES DESIGNED TO ENCOURAGE AND ASSIST OLDER PERSONS TO
USE THE FACILITIES AND SERVICES AVAILABLE TO THEM;
"(D) SERVICES DESIGNED TO ASSIST OLDER PERSONS TO OBTAIN
ADEQUATE HOUSING;
"(E) SERVICES DESIGNED TO ASSIST OLDER PERSONS IN AVOIDING
INSTITUTIONALIZATION, INCLUDING PREINSTITUTIONALIZATION EVALUATION
AND SCREENING, AND HOME HEALTH SERVICES; OR
"(F) ANY OTHER SERVICES;
IF SUCH SERVICES ARE NECESSARY FOR THE GENERAL WELFARE OF OLDER
PERSONS.
"(2) THE TERM 'UNIT OF GENERAL PURPOSE LOCAL GOVERNMENT' MEANS (A) A
POLITICAL SUBDIVISION OF THE STATE WHOSE AUTHORITY IS BROAD AND GENERAL
AND IS NOT LIMITED TO ONLY ONE FUNCTION OR A COMBINATION OF RELATED
FUNCTIONS, OR (B) AN INDIAN TRIBAL ORGANIZATION.
"(3) THE TERM 'COMPREHENSIVE AND COORDINATED SYSTEM' MEANS A SYSTEM
FOR PROVIDING ALL NECESSARY SOCIAL SERVICES IN A MANNER DESIGNED TO --
"(A) FACILITATE ACCESSIBILITY TO AND UTILIZATION OF ALL SOCIAL
SERVICES PROVIDED WITHIN THE GEOGRAPHIC AREA SERVED BY SUCH SYSTEM
BY ANY PUBLIC OR PRIVATE AGENCY OR ORGANIZATION;
"(B) DEVELOP AND MADE THE MOST EFFICIENT USE OF SOCIAL SERVICES
IN MEETING THE NEEDS OF OLDER PERSONS; AND
"(C) USE AVAILABLE RESOURCES EFFICIENTLY AND WITH A MINIMUM OF
DUPLICATION.
"SEC. 303. (A) THERE ARE AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS
MAY BE NECESSARY FOR THE FISCAL YEAR ENDING JUNE 30, 1973, $103,600,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND $130,000,000 FOR THE
FISCAL YEAR ENDING JUNE 30, 1975, TO ENABLE THE COMMISSIONER TO MAKE
GRANTS TO EACH STATE WITH A STATE PLAN APPROVED UNDER SECTION 305
(EXCEPT AS PROVIDED IN SECTION 307 (A) FOR PAYING PART OF THE COST
(PURSUANT TO SUBSECTION (E) OF THIS SECTION AND SECTION 306) OF --
"(1) THE ADMINISTRATION OF AREA PLANS BY AREA AGENCIES ON AGING
DESIGNATED PURSUANT TO SECTION 304 (A) (2) (A), INCLUDING THE
PREPARATION OF AREA PLANS ON AGING CONSISTENT WITH SECTION 304 (C)
AND THE EVALUATION OF ACTIVITIES CARRIED OUT UNDER SUCH PLANS;
"(2) THE DEVELOPMENT OF COMPREHENSIVE AND COORDINATED SYSTEMS
FOR THE DELIVERY OF SOCIAL SERVICES; AND
"(3) ACTIVITIES CARRIED OUT PURSUANT TO SECTION 306.
"(B) (1) FROM THE SUMS AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL
YEAR ENDING JUNE 30, 1973, UNDER SUBSECTION (A) OF THIS SECTION, (A)
GUAM, AMERICAN SAMOA, THE VIRGIN ISLANDS, AND THE TRUST TERRITORY OF THE
PACIFIC ISLANDS SHALL EACH BE ALLOTTED AN AMOUNT EQUAL TO ONE-FOURTH OF
1 PER CENTUM OF SUCH SUM, (B) EACH OTHER STATE SHALL BE ALLOTTED AN
AMOUNT EQUAL TO ONE-HALF OF 1 PER CENTUM OF SUCH SUM, AND (C) FROM THE
REMAINDER OF THE SUM SO APPROPRIATED, EACH STATE SHALL BE ALLOTTED AN
ADDITIONAL AMOUNT WHICH BEARS THE SAME RETIO TO SUCH REMAINDER AS THE
POPULATION AGED SIXTY OR OVER IN SUCH STATE BEARS TO THE POPULATION AGED
SIXTY OR OVER IN ALL STATES.
"(2) FROM THE SUMS APPROPRIATED FOR THE FISCAL YEAR ENDING JUNE 30,
1974, AND FOR THE FISCAL YEAR ENDING JUNE 30, 1975, EACH STATE SHALL BE
ALLOTTED AN AMOUNT WHICH BEARS THE SAME RATIO TO SUCH SUMS AS THE
POPULATION AGED SIXTY OR OVER IN SUCH STATE BEARS TO THE POPULATION AGED
SIXTY OR OVER IN ALL STATES, EXCEPT THAT (A) NO STATE SHALL BE ALLOTTED
LESS THAN ONE-HALF OF 1 PER CENTUM OF THE SUM APPROPRIATED FOR THE
FISCAL YEAR FOR WHICH THE DETERMINATION WAS MADE; (B) GUAM, AMERICAN
SAMOA, THE VIRGIN ISLANDS, AND THE TRUST TERRITORY OF THE PACIFIC
ISLANDS SHALL EACH BE ALLOTTED NO LESS THAN ONE-FOURTH OF 1 PER CENTUM
OF THE SUM APPROPRIATED FOR THE FISCAL YEAR FOR WHICH THE DETERMINATION
IS MADE; AND (C) NO STATE SHALL BE ALLOTTED AN AMOUNT LESS THAN THAT
STATE RECEIVED FOR THE FISCAL YEAR ENDING JUNE 30, 1973. FOR THE
PURPOSE OF THE EXCEPTION CONTAINED IN CLAUSE (A) OF THIS PARAGRAPH ONLY,
THE TERM 'STATE' DOES NOT INCLUDE GUAM, AMERICAN SAMOA, THE VIRGIN
ISLANDS, AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS.
"(3) THE NUMBER OF PSERSONS AGED SIXTY OR OVER IN ANY STATE AND IN
ALL STATES SHALL BE DETERMINED BY THE COMMISSIONER ON THE BASIS OF THE
MOST RECENT AND SATISFACTORY DATA AVAILABLE TO HIM.
"(C) WHENEVER THE COMMISSIONER DETERMINES THAT ANY AMOUNT ALLOTTED TO
A STATE FOR A FISCAL YEAR UNDER THIS SECTION WILL NOT BE USED BY SUCH
STATE FOR CARRYING OUT THE PURPOSE FOR WHICH THE ALLOTTMENT WAS MADE, HE
SHALL MAKE SUCH AMOUNT AVAILABLE FOR CARRYING OUT SUCH PURPOSE TO ONE OR
MORE OTHER STATES TO THE EXTENT HE DETERMINES SUCH OTHER STATES WILL BE
ABLE TO USE SUCH ADDITIONAL AMOUNT FOR CARRYING OUT SUCH PURPOSE. ANY
AMOUNT MADE AVAILABLE TO A STATE FROM AN APPROPRIATION FOR A FISCAL YEAR
PURSUANT TO THE PRECEIDING SENTENCE SHALL, FOR PURPOSES OF THIS TITLE,
BE REGARDED AS PART OF SUCH STATE'S ALLOTMENT (AS DETERMINED UNDER THE
PRECEDING PROVISIONS OF THIS SECTION) FOR SUCH YEAR.
"(D) THE ALLOTMENT OF A STATE UNDER THIS SECTION FOR THE L FISCAL
YEAR ENDING JUNE 30, 1973, SHALL REMAIN AVAILABLE UNTIL THE CLOSE OF THE
FOLLOWING FISCAL YEAR.
"(E) FRO- A STATE'S ALLOTMENT UNDER THIS SECTION FOR A FISCAL YEAR --
"(1) SUCH AMOUNT AS THE STATE AGENCY DETERMINES, BUT NOT MORE
THAN 15 PER CENTUM THEREOF, SHALL BE AVAILABLE FOR PAYING SUCH
PERCENTAGE AS SUCH AGENCY DETERMINES, BUT NOT MORE THAN 75 PER
CENTUM, OF THE COST OF ADMINISTRATION OF AREA PLANS; AND
"(2) SUCH AMOUNT AS THE STATE AGENCY DETERMINES, BUT (BEGINNING
WITH THE FISCAL YEAR ENDING JUNE 30, 1975) NOT MORE THAN 20 PER
CENTUM THEREOF, SHALL BE AVAILABLE FOR PAYING SUCH PERCENTAGE AS
SUCH AGENCY DETERMINES, BUT NOT MORE THAN 75 PER CENTUM, OF THE
COST OF SOCIAL SERVICES WHICH ARE NOT PROVIDED AS A PART OF A
COMPREHENSIVE AND COORDINATED SYSTEM IN PLANNING AND SERVICE AREAS
FOR WHICH THERE IS AN AREA PLAN APPROVED BY THE STATE AGENCY.
"SEC. 304. (A) IN ORDER FOR A STATE TO BE ELIGIBLE TO PARTICIPATE IN
THE PROGRAMS OF GRANTS TO STATES FROM ALLOTMENTS UNDER SECTION 303 AND
SECTION 306 --
"(1) THE STATE SHALL, IN ACCORDANCE WITH REGULATIONS OF THE
COMMISSIONER, DESIGNATE A STATE AGENCY AS THE SOLE STATE AGENCY
(HEREINAFTER IN THIS TITLE REFERRED TO AS 'THE STATE AGENCY') TO:
(A) DEVELOP THE STATE PLAN TO BE SUBMITTED TO THE COMMISSIONER FOR
APPROVAL UNDER SECTION 305, (B) ADMINISTER THE STATE PLAN WITHIN
SUCH STATE, (C) BE PRIMARILY RESPONSIBLE FOR THE COORDINATION OF
ALL STATE ACTIVITIES RELATED TO THE PRUPOSES OF THIS ACT, (D)
REVIEW AND COMMENT ON, AT THE REQUEST OF ANY FEDERAL DEPARTMENT OR
AGENCY, ANY APPLICATION FROM ANY AGENCY OR ORGANIZATION WITHIN
SUCH STATE TO SUCH FEDERAL DEPARTMENT OR AGENCY FOR ASSISTANCE
RELATED TO MEETING THE NEEDS OF OLDER PERSONS; AND (E) DIVIDE THE
ENTIRE STATE INTO DISTINCT AREAS (HEREINAFTER IN THIS TITLE
REFERRED TO AS 'PLANNING AND SERVICE AREAS'), IN ACCORDANCE WITH
REGULATIONS OF THE COMMISSIONER, AFTER CONSIDERING THE
GEOGRAPHICAL DISTRIBUTION OF INDIVIDUALS AGED SIXTY AND OLDER IN
THE STATE, THE INCIDENCE OF THE NEED FOR SOCIAL SERVICES
(INCLUDING THE NUMBERS OF OLDER PERSONS WITH LOW INCOMES RESIDING
IN SUCH AREAS), THE DISTRIBUTION OF RESOURCES AVAILABLE TO PROVIDE
SUCH SERVICES, THE BOUNDARIES OF OF EXISTING AREAS WITHIN THE
STATE WHICH WERE DRAWN FOR THE PLANNING OR ADMINISTRATION OF
SOCIAL SERVICES PROGRAMS, THE LOCATION OF UNITES OF GENERAL
PURPOSE LOCAL GOVERNMENT WITHIN THE STATE, AND ANY OTHER RELEVANT
FACTORS: PROVIDED, THAT ANY UNIT OF GENERAL PRUPOSE LOCAL
GOVERNMENT WHICH HAS A POPULATION AGED SIXTY OR OVER OF FIFTY
THOUSAND OR MORE OR WHICH CONTAINS 15 PER CENTUM OR MORE OF THE
STATE'S POPULATION AGED SIXTY OR OVER SHALL BE DESIGNATED AS A
PLANNING AND SERVICE AREA; EXCEPT THAT THE STATE MAY DESIGNATE AS
A PLANNING AND SERVICE AREA, ANY REGION WITHIN THE STATE
RECOGNIZED FOR PURPOSES OF AREAWIDE PLANNING WHICH INCLUDES ONE OR
MORE SUCH UNITS OF GENERAL PURPOSE LOCAL GOVERNMENT WHEN THE STATE
DETERMINES THAT THE DESIGNATION OF SUCH A REGIONAL PLANNING AND
SERVICE AREA IS NECESSARY FOR, AND WILL ENHANCE, THE EFFECTIVE
ADMINISTRATION OF THE PROGRAMS AUTHORIZED BY THIS TITLE, THE STATE
MAY INCLUDE IN ANY PLANNING AND SERVICE AREA DESIGNATED PURSUANT
TO THIS PROVISION SUCH ADDITIONAL AREAS ADJACENT TO THE UNIT OF
GENERAL PURPOSE LOCAL GOVERNMENT OR REGION SO DESIGNATED AS THE
STATE DETERMINES TO BE NECESSARY FOR, AND WILL ENHANCE, THE
EFFECTIVE ADMINISTRATION OF THE PROGRAMS AUTHORIZED BY THIS TITLE,
AND
"(2) THE STATE AGENCY DESIGNATED PURSUANT TO PARAGRAPH (1)
SHALL --
"(A) DETERMINE FOR WHICH PLANNING AND SERVICE AREAS AN AREA
PLAN WILL BE DEVELOPED, IN ACCORDANCE WITH SUBSECTION (C) OF THIS
SECTION, AND FOR EACH SUCH AREA DESIGNATE, AFTER CONSIDERATION OF
THE VIEWS OFFERED BY THE UNIT OR UNITS OF GENERAL PURPOSE LOCAL
GOVERNMENT IN SUCH AREA, A PUBLIC OR NONPROFIT PRIVATE AGENCY OR
ORGANIZATION AS THE AREA AGENCY ON AGING FOR SUCH AREA; AND
"(B) PROVIDE ASSURANCES, SATISFACTORY TO THE COMMISSIONER THAT
THE STATE AGENCY WILL TAKE INTO ACCOUNT, IN CONNECTION WITH
MATTERS OF GENERAL POLICY ARISING IN THE DEVELOPMENT AND
ADMINISTRATION OF THE STATE PLAN FOR ANY FISCAL YEAR, THE VIEWS OF
RECIPIENTS OF SOCIAL SERVICES PROVIDED UNDER SUCH PLAN.
"(B) AN AREA AGENCY ON AGING DESIGNATED UNDER SUBSECTION (A) MUST BE
--
"(1) AN ESTABLISHED OFFICE OF AGING WHICH IS OPERATING WITHIN A
PLANNING AND SERVICE AREA DESIGNATED PURSUANT TO SUBSECTION (A) OF
THIS SECTION, OR
"(2) ANY OFFICE OR AGENCY OF A UNIT OF GENERAL PURPOSE LOCAL
GOVERNMENT, WHICH IS DESIGNATED FOR THIS PURPOSES BY THE CHIEF
ELECTED OFFICIAL OR OFFICIALS OF SUCH UNIT, OR
"(3) ANY OFFICE OR AGENCY DESIGNATED BY THE CHIEF ELECTED
OFFICIAL OR OFFICIALS OF A COMBINATION OF UNITS OF GENERAL PURPOSE
LOCAL GOVERNMENT TO ACT ON BEHALF OF SUCH COMBINATION FOR THIS
PURPOSE, OR
"(4) ANY PUBLIC OR NONPROFIT PRIVATE AGENCY IN A PLANNING AND
SERVICE AREA WHICH IS UNDER THE SUPERVISION OR DIRECTION FOR THIS
PURPOSE OF THE DESIGNATED STATE AGENCY AND WHICH CAN ENGAGE IN THE
PLANNING OR PROVISION OF A BROAD RANGE OF SOCIAL SERVICES WITHIN
SUCH PLANNING AND SERVICE AREA,
AND MUST PROVIDE ASSURANCE, FOUND ADEQUATE BY THE STATE AGENCY, THAT
IT WILL HAVE THE ABILITY TO DEVELOP AN AREA PLAN AND TO CARRY OUT,
DIRECTLY OR THROUGH CONTRACTUAL OR OTHER ARRANGEMENTS, A PROGRAM
PURSUANT TO THE PLAN WITHIN THE PLANNING AND SERVICE AREA. IN
DESIGNATING AN AREA AGENCY ON AGING, THE STATE AGENCY SHALL GIVE
PREFERENCE TO AN ESTABLISHED OFFICE ON AGING UNLESS THE STATE AGENCY
FINDS THAT NO SUCH OFFICE WITHIN THE PLANNING AND SERVICE AREA WILL HAVE
THE CAPACITY TO CARRY OUT THE AREA PLAN.
"(C) IN ORDER TO BE APPROVED BY THE STATE AGENCY, AN AREA PLAN FOR A
PLANNING AND SERVICE AREA SHALL BE DEVELOPED BY THE AREA AGENCY ON AGING
DESIGNATED WITH RESPECT TO SUCH AREA UNDER SUBSECTION (A) AND SHALL--
"(1) PROVIDE FOR THE ESTABLISHMENT OF A COMPREHENSIVE AND
COORDINATED SYSTEM FOR THE DELIVERY OF SOCIAL SERVICES WITHIN THE
PLANNING AND SERVICE AREA COVERED BY THE PLAN, INCLUDING
DETERMINING THE NEED FOR SOCIAL SERVICES IN SUCH AREA (TAKING INTO
CONSIDERATION, AMONG OTHER THINGS, THE NUMBERS OF OLDER PERSONS
WITH LOW INCOMES RESIDING IN SUCH AREA), EVALUATING THE
EFFECTIVENESS OF THE USE OF RESOURCES IN MEETING SUCH NEED, AND
ENTERING INTO AGREEMENTS WITH PROVIDERS OF SOCIAL SERVICES IN SUCH
AREA, FOR THE PROVISION OF SUCH SERVICES TO MEET SUCH NEED;
"(2) IN ACCORDANCE WITH CRITERIA ESTABLISHED BY THE
COMMISSIONER BY REGULATION RELATING TO PRIORITIES, PROVIDE FOR THE
INITIATION, EXPANSION, OR IMPROVEMENT OF SOCIAL SERVICES IN THE
PLANNING AND SERVICE AREA COVERED BY THE AREA PLAN;
"(3) PROVIDE FOR THE ESTABLISHMENT OR MAINTENANCE OF
INFORMATION AND REFERRAL SOURCES IN SUFFICIENT NUMBERS TO ASSURE
THAT ALL OLDER PERSONS WITHIN THE PLANNING AND SERVICE AREA
COVERED BY THE PLAN WILL HAVE REASONABLY CONVENIENT ACCESS TO SUCH
SOURCES. FOR PURPOSES OF THIS SECTION AND SECTION 305 (A) (7), AN
INFORMATION AND REFERRAL SOURCE IS A LOCATION WHERE THE STATE OR
OTHER PUBLIC OR PRIVATE AGENCY OR ORGANIZATION (A) MAINTAINS
CURRENT INFORMATION WITH RESPECT TO THE OPPORTUNITIES AND SERVICES
AVAILABLE TO OLDER PERSONS, AND DEVELOPS CURRENT LISTS OF OLDER
PERSONS IN NEED OF SERVICES AND OPPORTUNITES, AND (B) EMPLOYS A
SPECIALLY TRAINED STAFF TO INFORM OLDER PERSONS OF THE
OPPORTUNITIES AND SERVICES WHICH ARE AVAILABLE, AND ASSISTS SUCH
PERSONS TO TAKE ADVANTAGE OF SUCH OPPORTUNITIES AND SERVICES; AND
"(4) PROVIDE THAT THE AREA AGENCY ON AGING WILL --
"(A) CONDUCT PERIODIC EVALUATIONS OF ACTIVITIES CARRIED OUT
PURSUANT TO THE AREA PLAN;
"(B) RENDER APPROPRIATE TECHNICAL ASSISTANCE TO PROVIDERS OF
SOCIAL SERVICES IN THE PLANNING AND SERVICE AREA COVERED BY THE
AREA PLAN;
"(C) WHERE NECESSARY AND FEASIBLE, ENTER INTO ARRANGEMENTS,
CONSISTENT WITH THE PROVISIONS OF THE AREA PLAN, UNDER WHICH FUNDS
UNDER THIS TITLE MAY BE USED TO PROVIDE LEGAL SERVICES TO OLDER
PERSONS IN THE PLANNING AND SERVICE AREA CARRIED OUT THROUGH
FEDERALLY ASSISTED PROGRAMS OR OTHER PUBLIC OR NONPROFIT AGENCIES;
"(D) TAKE INTO ACCOUNT, IN CONNECTION WITH MATTERS OF GENERAL
POLICY ARISING IN THE DEVELOPMENT AND ADMINISTRATION OF THE AREA
PLAN, THE VIEWS OF RECIPIENTS OF SERVICES UNDER SUCH PLAN;
"(D) WHERE POSSIBLE, ENTER INTO ARRANGMENTS WITH ORGANIZATIONS
PROVIDING DAY CARE SERVICES FOR CHILDREN SO AS TO PROVIDE
OPPORTUNITIES FOR OLDER PERSONS TO AID OR ASSIST, ON A VOLUNTARY
BASIS, IN THE DELIVERY OF SUCH SERVICES TO CHILDREN; AND
"(F) ESTABLISH AN ADVISORY COUNCIL, CONSISTING OF
REPRESENTATIVES OF THE TARGET POPULATION AND THE GENERAL PUBLIC,
TO ADVISE THE AREA AGENCY ON ALL MATTERS RELATING TO THE
ADMINISTRATION OF THE PLAN AND OPERATIONS CONDUCTED THEREUNDER.
"SEC. 305. (A) IN ORDER FOR A STATE TO BE ELIGIBLE FOR GRANTS FOR A
FISCAL YEAR FROM ITS ALLOTMENTS UNDER SECTION 303 AND SECTION 306,
EXCEPT AS PROVIDED IN SECTION 307 (A), IT SHALL SUBMIT TO THE
COMMISSIONER A STATE PLAN FOR SUCH YEAR WHICH MEETS SUCH CRITERIA AS THE
COMMISSIONER MAY PRESCRIBE BY REGULATION AND WHICH --
"(1) PROVIDES THAT THE STATE AGENCY WILL EVALUATE THE NEED FOR
SOCIAL SERVICES WITHIN THE STATE AND DETRMINE THE EXTENT TO WHICH
EXISTING PUBLIC OR PRIVATE PROGRAMS MEET SUCH NEED;
"(2) PROVIDES FOR THE USE OF SUCH METHODS OF ADMINISTRATION
(INCLUDING METHODS RELATING TO THE ESTABLISHMENT AND MAINTENANCE
OF PERSONNEL STANDARDS ON A MERIT BASIS, EXCEPT THAT THE
COMMISSIONER SHALL EXERCISE NO AUTHORITY WITH RESPECT TO THE
SELECTION, TENURE OF OFFICE OR COMPENSATION OF AN INDIVIDUAL
EMPLOYED IN ACCORDANCE WITH SUCH METHODS) AS ARE NECESSARY FOR THE
PROPER AND EFFICIENT ADMINISTRATION OF THE PLAN;
"(3) PROVIDES THAT THE STATE AGENCY WILL MAKE SUCH REPORTS, IN
SUCH FORM, AND CONTAINING SUCH INFORMATION, AS THE COMMISSIONER
MAY FROM TIME TO TIME REQUIRE, AND COMPLY WITH SUCH REQUIREMENTS
AS THE COMMISSIONER MAY IMPOSE TO ASSURE THE CORRECTNESS OF SUCH
REPORTS;
"(4) PROVIDES THAT THE STATE AGENCY WILL CONDUCT PERIODIC
EVALUATIONS OF ACTIVITIES AND PROJECTS CARRIED OUT UNDER THE STATE
PLAN;
"(5) ESTABLISHES OBJECTIVES, CONSISTENT WITH THE PURPOSES OF
THIS TITLE, TOWARD WHICH ACTIVITIES UNDER THE PLAN WILL BE
DIRECTED, INDENTIFIES OBSTACLES TO THE ATTAINMENT OF THOSE
OBJECTIVES, AND INDICATES HOW IT PROPOSES TO OVERCOME THOSE
OBSTACLES;
"(6) PROVIDES THAT EACH AREA AGENCY ON AGING DESIGNATED
PURSUANT TO SECTION 304 (A) (2) (A) WILL DEVELOP AND SUBMIT TO THE
STATE AGENCY FOR APPROVAL AN AREA PLAN WHICH COMPLIES WITH SECTION
304 (C);
"(7) PROVIDES FOR ESTABLISHING OR MAINTAINING INFORMATION AND
REFERRAL SOURCES IN SUFFICIENT NUMBERS TO ASSURE THAT ALL OLDER
PERSONS IN THE STATE WHO ARE NOT FURNISHED ADEQUATE INFORMATION
AND REFERRAL SOURCES UNDER SECTION 304 (C) (3) WILL HAVE
REASONABLY CONVENIENT ACCESS TO SUCH SOURCES;
"(8) PROVIDES THAT NO SOCIAL SERVICE WILL BE DIRECTLY PROVIDED
BY THE STATE AGENCY OR AN AREA AGENCY ON AGING, EXCEPT WHERE, IN
THE JUDGMENT OF THE STATE AGENCY, PROVISION OF SUCH SERVICE BY THE
STATE AGENCY OR AN AREA AGENCY ON AGING IS NECESSARY TO ASSURE AN
ADEQUATE SUPPLY OF SUCH SERVICE; AND
"(9) PROVIDES THAT SUBJECT TO THE REQUIREMENTS OF MERIT
EMPLOYMENT SYSTEMS OF STATE AND LOCAL GOVERNMENTS, PREFERENCE
SHALL BE GIVEN TO PERSONS AGED SIXTY OR OVER FOR ANY STAFF
POSITIONS (FULL TIME OR PART TIME) IN STATE AND AREA AGENCIES FOR
WHICH SUCH PERSONS QUALIFY.
"(B) THE COMMISSIONER SHALL APPROVE ANY STATE PLAN WHICH HE FINDS
FULFILLS THE REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION.
"(C) THE COMMISSIONER SHALL NOT MAKE A FINAL DETERMINATION
DISSAPPROVING ANY STATE PLAN, OR ANY MODIFICATION THEREOF, OR MAKE A
FINAL DETERMINATION THAT A STATE IS INELIGIBLE UD-ER SECTION 304,
WITHOUT FIRST AFFORDING THE STATE REASONABLE NOTICE AND OPPORTUNITY FOR
A HEARING.
"(D) WHENEVER THE COMMISSIONER, AFTER REASONABLE NOTICE AND
OPPORTUNITY FOR HEARING TO THE STATE AGENCY, FINDS THAT --
"(1) THE STATE IS NOT ELIGIBLE UNDER SECTION 304,
"(2) THE STATE PLAN HAS BEEN SO CHANGED THAT IT NO LONGER
COMPLIES WITH THE PROVISIONS OF SUBSECTION (A), OR
"(3) IN THE ADMINISTRATION OF THE PLAN THERE IS A FAILURE TO
COMPLY SUBSTANTIALLY WITH ANY SUCH PROVISION OF SUBSECTION (A),
THE COMMISSIONER SHALL NOTIFY SUCH STATE AGENCY THAT NO FURTHER
PAYMENTS FROM ITS ALLOTMENTS UNDER SECTION 303 AND SECTION 306 WILL BE
MADE TO THE STATE (OR, IN HIS DISCRETION, THAT FURTHER PAYMENTS TO THE
STATE WILL BE LIMITED TO PROJECTS UNDER OR PORTIONS OF THE STATE PLAN
NOT AFFECTED BY SUCH FAILURE), UNTIL HE IS SATISFIED THAT THERE WILL NO
LONGER BE ANY FAILURE TO COMPLY. UNTIL HE IS SO SATISFIED, NO FURTHER
PRYAMENTS SHALL BE MADE TO SUCH STATE FROM ITS ALLOTMENTS UNDER SECTION
303 AND SECTION 306 (OR PAYMENTS SHALL BE LIMITED TO PROJECTS UNDER OR
PORTIONS OF THE STATE PLAN NOT AFFECTED BY SUCH FAILURE). THE
COMMISSIONER SHALL, IN ACCORDANCE WITH REGULATIONS HE SHALL PRESCRIBE,
DISBURSE THE FUNDS SO WITHHELD DIRECTLY TO ANY PUBLIC OR NONPROFIT
PRIVATE ORGANIZATION OR AGENCY OR POLITICAL SUBDIVISION OF SUCH STATE
SUBMITTING AN APPROVED PLAN IN ACCORDANCE WITH THE PROVISIONS OF SECTION
304 AND SECTION 306. ANY SUCH PAYMENT OR PAYMENTS SHALL BE MATCHED IN
THE PROPORTIONS SPECIFIED IN SECTIONS 303 OR 306.
"(E) A STATE WHICH IS DISSATISFIED WITH A FINAL ACTION OF THE
COMMISSIONER UNDER SUBSECTION (B), (C), OR (D) MAY APPEAL TO THE UNITED
STATES COURT OF APPEALS FOR THE CIRCUIT IN WHICH THE STATE IS LOCATED,
BY FILING A PETITION WITH SUCH COURT WITHIN SIXTY DAYS AFTER SUCH FINAL
ACTION. A COPY OF THE PETITION SHALL BE FORTHWITH TRANSMITTED BY THE
CLERK OF THE COURT TO THE COMMISSIONER, OR ANY OFFICER DESIGNATED BY HIM
FOR THAT PURPOSE. THE COMMISSIONER THEREUPON SHALL FILE IN THE COURT
THE RECORD OF THE PROCEEDINGS ON WHICH HE BASED HIS ACTION, AS PROVIDED
IN SECTION 2112 OF TITLE 28, UNITED STATES CODE. UPON THE FILING OF
SUCH PETITION, THE COURT SHALL HAVE JURISDICTION TO AFFIRM THE ACTION OF
THE COMMISSIONER OR TO SET ASIDE, IN WHOLE OR IN PART, TEMPORARILY OR
PERMANENTLY, BUT UNTIL THE FILING OF THE RECORD, THE COMMISSIONER MAY
MODIFY OR SET ASIDE HIS ORDER. //72 STAT. 941; 80 STAT. 1323.// THE
FINDINGS OF THE COMMISSIONER AS TO THE FACTS, IF SUPPORTED BY
SUBSTANTIAL EVIDENCE SHALL BE CONCLUSIVE, BUT THE COURT, FOR GOOD CAUSE
SHOWN, MAY REMAND THE CASE TO THE COMMISSIONER TO TAKE FURTHER EVIDENCE,
AND THE COMMISSIONER MAY THEREUPON MAKE NEW OR MODIFIED FINDINGS OF FACT
AND MAY MODIFY HIS PREVIOUS ACTION, AND SHALL FILE IN THE COURT THE
RECORD OF THE FURTHER PROCEEDINGS. SUCH NEW OR MODIFIED FINDINGS OF
FACT SHALL LIKEWISE BE CONCLUSIVE IF SUPPORTED BY SUBSTANTIAL EVIDENCE.
THE JUDGMENT OF THE COURT AFFIRMING OR SETTING ASIDE, IN WHOLE OR IN
PART, ANY ACTION OF THE COMMISSIONER 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. //62 STAT. 928.// THE COMMENCEMENT OF PROCEEDINGS UNDER THIS
SUBSECTION SHALL NOT, UNLESS SO SPECIFICALLY ORDERED BY THE COURT,
OPERATE AS A STAY OF THE COMMISSIONER'S ACTION.
"SEC. 306. (A) (1) AMOUNTS APPROPRIATED AS AUTHORIZED BY SECTION 303
MAY BE SUED TO MAKE GRANTS TO STATES FOR PAYING SUCH PERCENTAGES AS EACH
STATE AGENCY DETERMINES, BUT NOT MORE THAN 75 PER CENTUM, OF THE COST OF
THE ADMINISTRATION OF ITS STATE PLAN, INCLUDING THE PREPARATION OF THE
STATE PLAN, THE EVALUATION OF OF ACTIVITIES CARRIED OUT UNDER SUCH PLAN,
THE COLLECTION OF DATA AND THE CARRYING OUT OF ANALYSES RELATED TO THE
NEED FOR SOCIAL SERVICES WITHIN THE STATE, THE DISSEMINATION OF
INFORMATION SO OBTAINED, THE PROVISION OF SHORT-TERM TRAINING TO
PERSONNEL OF PUBLIC OR NONPROFIT PRIVATE AGENCIES AND ORGANIZATIONS
ENGAGED IN THE OPERATION OF PROGRAMS AUTHORIZED BY THIS ACT, AND THE
CARRYING OUT OF DEMONSTRATION PROJECTS OF STATEWIDE SIGNIFICANCE
RELATING TO THE INITIATION, EXPANSION, OR IMPROVEMENT OF SOCIAL SERVICE.
"(2) ANY SUMS ALLOTTED TO A STATE UNDER THIS SECTION FOR COVERING
PART OF THE COST OF THE ADMINISTRATION OF ITS STATE PLAN WHICH THE STATE
DETERMINES IS NOT NEEDED FOR SUCH PURPOSE MAY BE USED BY SUCH STATE TO
SUPPLEMENT THE AMOUNT AVAILABLE UNDER SECTION 303 (E) (1) TO COVER PART
OF THE COST OF THE ADMINISTRATION OF AREA PLANS.
"(3) ANY STATE WHICH HAS DESIGNATED A SINGLE PLANNING AND SERVICE
AREA PURSUANT TO SECTION 304 (A) (1) (E) COVERING ALL, OR SUBSTANTIALLY
ALL, OF THE OLDER PERSONS IN SUCH STATE, AS DETERMINED BY THE
COMMISSIONER, MAY ELECT TO PAY PART OF THE COSTS OF THE ADMINISTRATION
OF STATE AND AREA PLANS EITHER OUT OF SUMS ALLOTTED UNDER THIS SECTION
OR OUT OF SUMS MADE AVAILABLE FOR THE ADMINISTRATION OF AREA PLANS
PURSUANT TO SECTION 303 (E) (1), BUT SHALL NOT PAY SUCH COSTS OUT OF
SUMS ALLOTTED UNDER BOTH SUCH SECTIONS.
"(B) (1) FROM THE SUMS APPROPRIATED FOR ANY FISCAL YEAR UNDER SECTION
303 FOR CARRYING OUT THE PURPOSES OF THIS SECTION, EACH STATE SHALL BE
ALLOTTED AN AMOUNT WHICH BEARS THE SAME RATIO TO SUCH SUM AS THE
POPULATION AGED SIXTY OR OVER IN SUCH STATE BEARS TO THE POPULATION AGED
SIXTY OR OVER IN ALL STATES, EXCEPT THAT (A) NO STATE SHALL BE ALLOTTED
LESS THAN ONE-HALF OF 1 PER CENTUM OF THE SUM APPROPRIATED FOR THE
FISCAL YEAR FOR WHICH THE DETERMINATION IS MADE, OR $160,000, WHICHEVER
IS GREATER, AND (B) GUAM, AMERICAN SAMOA, THE VIRGIN ISLANDS, AND THE
TRUST TERRITORY OF THE PACIFIC ISLANDS SHALL EACH BE ALLOTTED NO LESS
THAN ONE-FOURTH OF 1 PER CENTUM OF THE SUM APPROPRIATED FOR THE FISCAL
YEAR FOR WHICH THE DETERMINATION IS MADE, OR $50,000, WHICHEVER IS
GREATER. FOR THE PURPOSE OF THE EXCEPTION CONTAINED IN CLAUSE (A) OF
THIS PARAGRAPH, THE TERM 'STATE' DOES NOT INCLUDE GUAM, AMERICAN SAMOA,
THE VIRGIN ISLANDS, AND THE TRUST TERRITORY OF THE PACIFIC ISLANDS.
"(2) THE NUMBER OF PERSONS AGED SIXTY OR OVER IN ANY STATE AND IN ALL
STATES SHALL BE DETERMINED BY THE COMMISSIONER ON THE BASIS OF THE MOST
RECENT SATISFACTORY DATA AVAILABLE TO HIM.
"(C) THE AMOUNTS OF ANY STATE'S ALLOTMENT UNDER SUBSECTION (B) FOR
ANY FISCAL YEAR WHICH THE COMMISSIONER DETERMINES WILL NOT BE REQUIRED
FOR THAT YEAR SHALL BE REALLOTTED, FROM TIME TO TIME AND ON SUCH DATES
DURING SUCH YEAR AS THE COMMISSIONER MAY FIX, TO OTHER STATES IN
PROPORTION TO THE ORIGINAL ALLOTMENTS TO SUCH STATES UNDER SUBSECTION
(B) FOR THAT YEAR, BUT WITH SUCH PROPORTIONATE AMOUNT FOR ANY OF SUCH
OTHER STATES BEING REDUCED TO THE EXTENT IT EXCEEDS THE SUM THE
COMMISSIONER ESTIMATES SUCH STATE NEEDS AND WILL BE ABLE TO USE FOR SUCH
YEAR; AND THE TOTAL OF SUCH REDUCATIONS SHALL BE SIMILARLY SO REDUCED.
SUCH REALLOTMENTS SHALL BE MADE ON THE BASIS OF THE STATE PLAN SO
APPROVED, AFTER TAKING INTO CONSIDERATION THE POPULATION AGED SIXTY OR
OVER. ANY AMOUNT REALLOTTED TO A STATE UNDER THIS SUBSECTION DURING A
YEAR SHALL BE DEEMED PART OF ITS ALLOTMENT UNDER SUBSECTION (B) FOR THAT
YEAR.
"(D) THE ALLOTMENT OF A STATE UNDER THIS SECTION FOR THE FISCAL YEAR
ENDING JUNE 30, 1973, SHALL REMAIN AVAILABLE UNTIL THE CLOSE OF THE
FOLLOWING FISCAL YEAR.
"SEC. 307. (A) PAYMENTS OF GRANTS OR CONTRACTS UNDER THIS TITLE MAY
BE MADE (AFTER NECESSARY ADJUSTMENTS ON ACCOUNT OF PREVIOUSLY MADE
OVERPAYMENTS OR UNDERPAYMENTS) IN ADVANCE OR BY WAY OF REIMBURSEMENT,
AND IN SUCH INSTALLMENTS, AS THE COMMISSIONER MAY DETERMINE. FROM A
STATE'S ALLOTMENT FOR A FISCAL YEAR WHICH IS AVAILABLE PURSUANT TO
SECTION 306 THE COMMISSIONER MAY PAY TO A STATE WHICH DOES NOT HAVE A
STATE PLAN APPROVED UNDER SECTION 305 SUCH AMOUNTS AS HE DEEMS
APPROPRIATE FOR THE PURPOSE OF ASSISTING SUCH STATE IN DEVELOPING A
STATE PLAN. FROM A STATE'S ALLOTMENT FOR A FISCAL YEAR WHICH IS
AVAILABLE PURSUANT TO SECTION 303, THE COMMISSIONER MAY, DURING THE
PERIOD ENDING ONE YEAR AFTER THE DATE OF ENACTMENT OF THE OLDER
AMERICANS COMPREHENSIVE SERVICES AMENDMENTS, PAY, IN ACCORDANCE WITH
SUCH REGULATIONS AS HE MAY PRESCRIBE, TO A STATE WHICH DOES NOT HAVE A
STATE PLAN APPROVED UNDER SECTION 305, SUCH AMOUNTS AS HE DEEMS
APPROPRIATE FOR THE PURPOSE OF CONTINUING FEDERAL FINANCIAL ASSISTANCE
FOR ACTIVITIES ASSISTED UNDER THE PLAN OF SUCH STATE APPROVED UNDER
SECTION 303 OF THIS ACT PRIOR TO ENACTMENT OF THE OLDER AMERICANS
COMPREHENSIVE SERVICES AMENDMENTS.
"(B) BEGINNING WITH THE FISCAL YEAR ENDING JUNE 30, 1975, NOT LESS
THAN 25 PER CENTUM OF THE NON-FEDERAL SHARE (PURSUANT TO SECTION 303 (E)
OF THE TOTAL EXPENDITURES UNDER THE STATE PLAN SHALL BE MET FROM FUNDS
FROM STATE OR LOCAL PUBLIC SOURCES.
"(C) A STATE'S ALLOTMENT UNDER SECTION 303 FOR A FISCAL YEAR SHALL BE
REDUCED BY THE PERCENTAGE (IF ANY) BY WHICH ITS EXPENDITURES FOR SUCH
YEAR FROM STATE SOURCES UNDER ITS STATE PLAN APPROVED UNDER SECTION 305
ARE LESS THAN ITS EXPENDITURES FROM SUCH SOURCES FOR THE PRECEDING
FISCAL YEAR.
"SEC. 308. (A) THE COMMISSIONER MAY, AFTER CONSULTATION WITH THE
STATE AGENCY, MAKE GRANTS TO ANY PUBLIC OR NONPROFIT PRIVATE AGENCY OR
ORGANIZATION OR CONTRACTS WITH ANY AGENCY OR ORGANIZATION WITHIN SUCH
STATE FOR PAYING PART OR ALL OF THE COST OF DEVELOPING OR OPERATING
STATEWIDE, REGIONAL, METROPOLITAN AREA, COUNTY, CITY, OR COMMUNITY MODEL
PROJECTS WHICH WILL EXPAND OR IMPROVE SOCIAL SERVICES OR OTHERWISE
PROMOTE THE WELL-BEING OF OLDER PERSONS. IN MAKING GRANTS AND CONTRACTS
UNDER THIS SECTION, THE COMMISSIONER SHALL GIVE SPECIAL CONSIDERATION TO
PROJECTS DESIGNED TO --
"(1) ASSIST IN MEETING THE SPECIAL HOUSING NEEDS OF OLDER
PERSONS BY (A) PROVIDING FINANCIAL ASSISTANCE TO SUCH PERSONS, WHO
OWN THEIR OWN HOMES, NECESSARY TO ENABLE THEM TO MAKE THE REPAIRS
AND RENOVATIONS TO THEIR HOMES WHICH ARE NECESSARY FOR THEM TO
MEET MINIMUM STANDARDS, (B) STUDYING AND DEMONSTRATING METHODS OF
ADAPTING EXISTING HOUSING, OR CONSTRUCTION OF NEW HOUSING, TO MEET
THE NEEDS OF OLDER PERSONS SUFFERING FROM PHYSICAL DISABILITIES,
AND (C) DEMONSTRATING ALTERNATIVE METHODS OF RELIEVING OLDER
PERSONS OF THE BURDEN OF REAL PROPERTY TAXES ON THIER HOMES;
"(2) PROVIDE CONTINUING EDUCATION TO OLDER PERSONS DESIGNED TO
ENABLE THEM TO LEAD MORE PRODUCTIVE LIVES BY BROADENING THE
EDUCATIONAL, CULTURAL, OR SOCIAL AWARENESS OF SUCH OLDER PERSONS,
EMPHASIZING, WHERE POSSIBLE, FREE TUITION ARRANGEMENTS WITH
COLLEGES AND UNIVERSITIES;
"(3) PROVIDE PRERETIREMENT EDUCATION, INFORMATION, AND RELEVANT
SERVICES (INCLUDING THE TRAINING OF PERSONNEL TO CARRY OUT SUCH
PROGRAMS AND THE CONDUCTING OF RESEARCH WITH RESPECT TO THE
DEVELOPMENT AND OPERATION OF SUCH PROGRAMS) TO PERSONS PLANNING
RETIREMENT; OR
"(4) PROVIDE SERVICES TO ASSIST IN MEETING THE PARTICULAR NEEDS
OF THE PHYSICALLY AND MENTALLY IMPAIRED OLDER PERSONS INCLUDING
SPECIAL TRANSPORTATION AND ESCORT SERVICES, HOMEMAKER, HOME HEALTH
AND SHOPPING SERVICES, READER SERVICES, LETTER WRITING SERVICES,
AND OTHER SERVICES DESIGNED TO ASSIST SUCH INDIVIDUALS IN LEADING
A MORE INDEPENDENT LIFE.
"(B) FOR THE PURPOSE OF CARRYING OUT THIS SECTION, THERE ARE
AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE NECESSARY FOR THE
FISCAL YEAR ENDING JUNE 30, 1973, THE FISCAL YEAR ENDING JUNE 30, 1974,
AND THE FISCAL YEAR ENDING JUNE 30, 1975."
PUBLIC LAW 93-28, 87 STAT. 27, ECONOMIC STABILIZATION ACT OF 1973.
TO EXTEND AND AMEND THE ECONOMIC STABILIZATION ACT OF 1970
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"ECONOMIC STABILIZATION ACT AMENDMENTS OF 1973".
SEC. 1. (A) THE FIRST SENTENCE OF SECTION 202 OF THE ECONOMIC
STABILIZATION ACT OF 1970 IS AMENDED BY STRIKING OUT THE PERIOD AT THE
END THEREOF AND INSERTING IN LIEU THEREOF THE FOLLOWING: ", AND THAT IN
ORDER TO MAINTAIN AND PROMOTE COMPETITION IN THE PETROLEUM INDUSTRY AND
ASSURE SUFFICIENT SUPPLIES OF PETROLEUM PRODUCTS TO MEET THE ESSENTIAL
NEEDS OF VARIOUS SECTIONS OF THE NATION, IT IS NECESSARY TO PROVIDE FOR
THE RATIONAL AND EQUITABLE DISTRIBUTION OF THOSE PRODUCTS." //85 STAT.
744. 12 U.S.C. 1904 NOTE.//
(B) THE FIRST SENTENCE OF SECTION 203 (A) OF SUCH ACT IS
AMENDED --
(1) BY STRIKING OUT "AND" AT THE END OF CLAUSE (1);
(2) BY STRIKING OUT THE PERIOD AT THE END OF CLAUSE (2) AND
INSERTING IN LIEU THEREOF "; AND"; AND
(3) BY ADDING AT THE END THEREOF A NEW CLAUSE AS FOLLOWS:
"(3) PROVIDE AFTER PUBLIC HEARING, CONDUCTED WITH SUCH NOTICE,
UNDER SUCH REGULATIONS AND SUBJECT TO SUCH REVIEW AS THE
EXIGENCIES OF THE CASE MAY, IN HIS JUDGMENT, MAKE APPROPRIATE FOR
THE ESTABLISHMENT OF PRIORITIES OF USE AND FOR SYSTEMATIC
ALLOCATION OF SUPPLIES OF PETROLEUM PRODUCTS INCLUDING CRUDE OIL
IN ORDER TO MEET THE ESSENTIAL NEEDS OF VARIOUS SECTIONS OF THE
NATION AND TO PREVENT ANTICOMPETITIVE EFFECTS RESULTING FROM
SHORTAGES OF SUCH PRODUCTS." //87 STAT. 28//
SEC. 3. SECTION 203 (D) OF THE ECONOMIC STABILIZATION ACT OF 1970 IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCE: "THE
PRESIDENT SHALL PRESCRIBE REGULATIONS DEFINING FOR THE PURPOSES OF THIS
SUBSECTION THE TERM 'SUBSTANDARD EARNINGS', BUT IN NO CASE SHALL SUCH
TERM BE DEFINED TO MEAN EARNINGS LESS THAN THOSE RESULTING FROM A WAGE
OR SALARY RATE WHICH YEILDS $3.50 PER HOUR OR LESS."
SEC. 4. SECTION 203 OF THE ECONOMIC STABILIZATION ACT OF 1970 IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(J) NOTHING IN THIS TITLE MAY BE CONSTRUED TO AUTHORIZE OR REQUIRE
THE WITHHOLDING OR RESERVATION OF ANY OBLIGATIONAL AUTHORITY PROVIDED BY
LAW OR OF ANY FUNDS APPROPRIATED UNDER SUCH AUTHORITY."
SEC. 5. SECTION 203 (G) OF THE ECONOMIC STABILIZATION ACT OF 1970 IS
AMENDED TO READ AS FOLLOWS:
"(G) FOR THE PURPOSES OF THIS TITLE, THE TERM 'WAGES' AND 'SALARIES'
DO NOT INCLUDE REASONABLE CONTRIBUTIONS BY ANY EMPLOYER PURSUANT TO A
COMPENSATION ADJUSTMENT FOR --
"(1) ANY PENSION, PROFIT SHARING, OR ANNUITY AND SAVINGS PLAN
WHICH MEETS THE REQUIREMENTS OF SECTION 401 (A), 404 (A) (2), OR
403 (B) OF THE INTERNAL REVENUE CODE OF 1954; //26 U.S.C. 401,
404, 403.//
"(2) ANY GROUP INSURANCE PLAN; OR
"(3) ANY DISABILITY AND HEALTH PLAN;
UNLESS THE PRESIDENT DETERMINES THAT THE CONTRIBUTIONS FOR SUCH
PURPOSES MADE BY ANY SUCH EMPLOYER ARE UNREASONABLY INCONSISTENT WITH
THE STANDARDS FOR WAGE, SALARY, AND PRICE INCREASES ISSUED UNDER
SUBSECTION (B) OR UNDER ANY OTHER PROVISION OF THIS TITLE. EMPLOYEES IN
ALL INDUSTRIES SUBJECT TO CONTROLS UNDER THIS TITLE SHALL BE TREATED
EQUALLY FOR PURPOSES OF THIS TITLE." //85 STAT. 744. 12 U.S.C. 1904
NOTE.//
SEC. 6. SECTION 205 OF THE ECONOMIC STABILIZATION ACT OF 1970 IS
AMENDED -- //85 STAT. 747.//
(1) BY STRIKING "ALL" AND INSERTING IN LIEU THEREOF "(A) EXCEPT
AS PROVIDED IN SUBSECTION (B), ALL"; AND
(2) BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION:
"(B) (1) ANY BUSINESS ENTERPRISE SUBJECT TO THE REPORTING
REQUIREMENTS UNDER SECTION 130.21 (B) OF THE REGULATIONS OF THE COST OF
LIVING COUNCIL IN EFFECT ON JANUARY 11, 1973, SHALL MAKE PUBLIC ANY
REPORT (EXCEPT FOR MATTER EXCLUDED IN ACCORDANCE WITH PARAGRAPH (2)) SO
REQUIRED WHICH COVERS A PERIOD DURING WHICH THAT BUSINESS ENTERPRISE
CHARGES A PRICE FOR A SUBSTANTIAL PRODUCT WHICH EXCEEDS BY MORE THAN 1.5
PER CENTUM THE PRICE LAWFULLY IN EFFECT FOR SUCH PRODUCT ON JANUARY 10,
1973, OR ON THE DATE TWELVE MONTHS PRECEDING THE END OF SUCH PERIOD,
WHICHEVER IS LATER. AS USED IN THIS SUBSECTION, THE TERM 'SUBSTANTIAL
PRODUCT' MEANS ANY SINGLE PRODUCT OR SERVICE WHICH ACCOUNTED FOR 5 PER
CENTUM OR MORE OF THE GROSS SALES OR REVENUES OF A BUSINESS ENTERPRISE
IN ITS MOST RECENT FULL FISCAL YEAR. //87 STAT. 28, 87 STAT. 29//
"(2) A BUSINESS ENTERPRISE MAY EXCLUDE FROM ANY REPORT MADE PUBLIC
PURSUANT TO PARAGRAPH (1) ANY INFORMATION OR DATA REPORTED TO THE COST
OF LIVING COUNCIL, PROPRIETARY IN NATURE, WHICH CONCERNS OR RELATES TO
THE AMOUNT OR SOURCES OF ITS INCOME, PROFITS, LOSSES, COSTS, OR
EXPENDITURES BUT MAY NOT EXCLUDE FROM SUCH REPORT, DATA, OR INFORMATION,
SO REPORTED, WHICH CONCERNS OR RELATES TO ITS PRICES FOR GOODS AND
SERVICES.
"(3) IMMEDIATELY UPON ENACTMENT OF THIS SUBSECTION, THE PRESIDENT OR
HIS DELEGATE SHALL ISSUE REGULATIONS DEFINING FOR THE PURPOSE OF THIS
SUBSECTION WHAT INFORMATION OR DATA ARE PROPRIETARY IN NATURE AND
THEREFORE EXCLUDABLE UNDER PARAGRAPH (2), EXCEPT THAT SUCH REGULATIONS
MAY NOT DEFINE AS EXCLUDABLE ANY INFORMATION OR DATA WHICH CANNOT
CURRENTLY BE EXCLUDED FROM PUBLIC ANNUAL REPORTS TO THE SECURITIES AND
EXCHANGE COMMISSION PURSUANT TO SECTION 13 OR 15 (D) OF THE SECURITIES
EXCHANGE ACT OF 1934 BY A BUSINESS ENTERPRISE EXCLUSIVELY ENGAGED IN THE
MANUFACTURE OR SALE OF A SUBSTANTIAL PRODUCT AS DEFINED IN PARAGRAPH
(1). SUCH REGULATIONS SHALL DEFINE AS EXCLUDABLE ANY INFORMATION OR
DATA WHICH CONCERNS OR RELATES TO THE TRADE SECRETS, PROCESSES,
OPERATIONS, STYLE OF WORK, OR APPARATUS OF THE BUSINESS ENTERPRISE."
//15 U.S.C. 78M, 78O.//
SEC. 7. SECTION 207 (B) OF THE ECONOMIC STABILIZATION ACT OF 1970 IS
AMENDED BY STRIKING OUT THE PERIOD AT THE END THEREOF AND INSERTING THE
FOLLOWING IN LIEU THEREOF: ": PROVIDED, THAT SUCH AGENCY SHALL ISSUE
NO ORDER WHICH HAS THE EFFECT OF REDUCING WAGES, OR SALARIES IN EFFECT,
OR PROPOSED TO BE PUT INTO EFFECT, IN AN APPROPRIATE EMPLOYEE UNIT
UNLESS SUCH ORDER IS MADE ON THE RECORD AFTER OPPORTUNITY FOR A HEARING.
NOT LESS THAN THIRTY DAYS AFTER ISSUANCE OF SUCH AN ORDER A STATEMENT
OF EXPLANATION SHALL BE DIRECTED TO THE AFFECTED PARTIES AND MADE
AVAILABLE TO THE PUBLIC. SUCH STATEMENT SHALL INCLUDE A FULL
EXPLANATION OF THE REASONS WHY THE EXISTING WAGE OR SALARY, OR PROPOSED
WAGE OR SALARY ADJUSTMENT, DOES NOT MEET THE REQUIREMENTS OF OR THE
STANDARDS ESTABLISHED BY THE REGULATIONS PRESCRIBED BY THE AGENCY.
SEC. 8. SECTION 218 OF THE ECONOMIC STABILIZATION ACT OF 1970 IS
AMENDED BY STRIKING OUT "APRIL 30, 1973" AND "MAY 1, 1973" AND INSERTING
IN LIEU THEREOF "APRIL 30, 1974" AND "MAY 1, 1974", RESPECTIVELY. //85
STAT. 752. 12 U.S.C. 1904 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 114 ACCOMPANYING H. R. 6168 (COMM. ON
BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 63 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 19, 20, CONSIDERED AND PASSED SENATE. APR. 16, CONSIDERED
AND PASSED HOUSE, AMENDED, IN LIEU OF
H. R. 6168. APR. 18, 30, SENATE AND HOUSE AGREED TO CONFERENCE
REPORT.
PUBLIC LAW 93-27, 87 STAT. 27
TO AMEND THE AGRICULTURAL ADJUSTMENT ACT OF 1938 WITH RESPECT
TO RICE.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 353 OF THE
AGRICULTURAL ADJUSTMENT ACT OF 1938 BE AMENDED BY ADDING A NEW
SUBSECTION (G) TO READ AS FOLLOWS:
"(G) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF THE
SECRETARY DETERMINES FOR 1973 THAT BECAUSE OF A NATURAL DISASTER A
PORTION OF THE FARM RICE ACREAGE ALLOTMENTS IN A COUNTY CANNOT BE TIMELY
PLANTED OR REPLANTED IN SUCH YEAR, HE MAY AUTHORIZE FOR SUCH YEAR THE
TRANSFER OF ALL OR A PART OF THE RICE ACREAGE ALLOTMENT FOR ANY FARM IN
THE COUNTY SO AFFECTED TO ANOTHER FARM IN THE COUNTY OR IN AN ADJOINING
COUNTY ON WHICH ONE OR MORE OF THE PRODUCERS ON THE FARM FROM WHICH THE
TRANSFER IS TO BE MADE WILL BE ENGAGED IN THE PRODUCTION OF RICE AND
WILL SHARE IN THE PROCEEDS THEREOF, IN ACCORDANCE WITH SUCH REGULATIONS
AS THE SECRETARY MAY PRESCRIBE. ANY FARM ALLOTMENT TRANSFERRED UNDER
THIS SUBSECTION SHALL BE DEEMED TO BE RELEASED ACREAGE FOR THE PURPOSE
OF ACREAGE HISTORY CREDITS UNDER SUBSECTION (E) OF THIS SECTION AND
SECTION 377 OF THIS ACT: PROVIDED, THAT, NOTWITHSTANDING THE PROVISIONS
OF SUBSECTION (E) OF THIS SECTION, THE TRANSFER OF ANY FARM ALLOTMENT
UNDER THIS SUBSECTION SHALL OPERATE TO MAKE THE FARM FROM WHICH THE
ALLOTMENT WAS TRANSFERRED ELIGIBLE FOR AN ALLOTMENT AS HAVING RICE
PLANTED THEREON DURING THE FIVE-YEAR BASE PERIOD." //63 STAT. 1059; 76
STAT. 20. 7 U.S.C. 1353. 69 STAT. 45. 73 STAT. 393. 7 U.S.C. 1377.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 145 (COMM. ON AGRICULTURE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 18, CONSIDERED AND PASSED HOUSE AND SENATE.
PUBLIC LAW 93-26, 87 STAT. 26
TO AMEND TITLE 37, UNITED STATES CODE, RELATING TO PROMOTION OF
MEMBERS OF THE UNIFORMED SERVICES WHO ARE IN A MISSING STATUS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 552 (A) OF
TITLE 37, UNITED STATES CODE, IS AMENDED BY ADDING THE FOLLOWING
SENTENCE AT THE END THEREOF: "NOTWITHSTANDING SECTION 1523 OF TITLE 10
OR ANY OTHER PROVISION OF LAW, THE PROMOTION OF A MEMBER WHILE HE IS IN
A MISSING STATUS IS FULLY EFFECTIVE FOR ALL PURPOSES, EVEN THOUGH THE
SECRETARY CONCERNED DETERMINES UNDER SECTION 556 (B) OF THIS TITLE THAT
THE MEMBER DIED BEFORE THE PROMOTION WAS MADE." //86 STAT. 796. 70A
STAT. 116. 80 STAT. 629 .//
SEC. 2. FOR THE PURPOSES OF CHAPTER 13 OF TITLE 38, UNITED STATES
CODE, THIS ACT BECOMES EFFECTIVE AS OF NOVEMBER 24, 1971. FOR ALL OTHER
PURPOSES THIS ACT BECOMES EFFECTIVE AS OF FEBRUARY 28, 1961. //38 U.S.C.
401.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 94 ACCOMPANYING H. R. 4954 (COMM. ON
ARMED SERVICES).
SENATE REPORT NO. 93 - 104 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 10, CONSIDERED AND PASSED SENATE. APR. 16, CONSIDERED AND
PASSED HOUSE, IN LIEU OF
H. R. 4954.
PUBLIC LAW 93-25, 87 STAT. 25
MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING
JUNE 30, 1973, FOR THE CIVIL AERONAUTICS BOARD AND THE VETERANS
ADMINISTRATION, 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 FISCAL YEAR ENDING JUNE 30, 1973, NAMELY:
FOR AN ADDITIONAL AMOUNT FOR "PAYMENTS TO AIR CARRIERS", $26,800,000,
TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR AN ADDITIONAL AMOUNT FOR "READJUSTMENT BENEFITS", $468,000,000,
TO REMAIN AVAILABLE UNTIL EXPENDED. //87 STAT. 26//
FOR CARRYING OUT, TO THE EXTENT NOT OTHERWISE PROVIDED, SUBPARTS 1
AND 2 OF PART A ($332,400,000), PART C ($270,200,000), AND PART E
($269,400,000) OF TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS
AMENDED, $872,000,000 TO REMAIN AVAILABLE UNTIL JUNE 30, 1974:
PROVIDED, THAT OF THE SUMS HEREIN APPROPRIATED FOR SUBPARTS 1 AND 2 OF
PART A, NOT TO EXCEED $122,100,000 (INCLUDING $11,500,000 FOR
ADMINISTRATIVE EXPENSES) MAY BE USED FOR SUBPART 1. //86 STAT. 248. 20
U.S.C. 1071A, 1071B. 82 STAT. 1028, 1032. 42 U.S.C. 2751; 20 U.S.C.
1088.//
NONE OF THE FUNDS MADE AVAILABLE BY THE CONTINUING RESOLUTION AS
AMENDED (PUBLIC LAW 92 - 334, PUBLIC LAW 93 - 9) FOR CARRYING OUT TITLE
I OF THE ACT OF SEPTEMBER 30, 1950, AS AMENDED (20 U.S.C., CH. 13),
SHALL BE AVAILABLE TO PAY ANY LOCAL EDUCATIONAL AGENCY IN EXCESS OF 54
PER CENTUM OF THE AMOUNTS TO WHICH SUCH AGENCY WOULD OTHERWISE BE
ENTITLED PURSUANT TO SECTION 3 (B) OF SAID TITLE I AND NONE OF THE FUNDS
SHALL BE AVAILABLE TO PAY ANY LOCAL EDUCATIONAL AGENCY IN EXCESS OF 90
PER CENTUM OF THE AMOUNTS TO WHICH SUCH AGENCY WOULD OTHERWISE BE
ENTITLED PURSUANT TO SECTION 3 (A) OF SAID TITLE I IF THE NUMBER OF
CHILDREN IN AVERAGE DAILY ATTENDANCE IN SCHOOLS OF THAT AGENCY ELIGIBLE
UNDER SAID SECTION 3 (A) IS LESS THAN 25 PER CENTUM OF THE TOTAL NUMBER
OF CHILDREN IN SUCH SCHOOLS. //86 STAT. 402. ANTE, P. 7., 64 STAT.
1100. 20 U.S.C. 236. 20 U.S.C. 238.//
FOR AN ADDITIONAL AMOUNT FOR "OPERATING EXPENSES" FOR THE NATIONAL
RESERVE ESTABLISHED BY THE NATIONAL INDUSTRIAL RESERVE ACT OF 1948 (50
U.S.C. 451 - 462), $1,800,000, TO RAMIN AVAILABLE UNTIL EXPENDED. //62
STAT. 1225.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 122 (COMM. ON APPROPRIATIONS) AND
NO. 93 - 146 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 120 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 12, CONSIDERED AND PASSED HOUSE. APR. 17, CONSIDERED AND
PASSED SENATE, AMENDED. APR. 18, HOUSE AND SENATE AGREED TO
CONFERENCE REPORT.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS; VOL. 9,
NO. 17: APR. 28, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-24, 87 STAT. 24
TO AMEND THE EMERGENCY LOAN PROGRAM UNDER THE CONSOLIDATED
FARM AND RURAL DEVELOPMENT ACT, AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SUBSECTIONS (A),
(B), (C), (D), (E), AND (F) OF SECTION 328 OF THE CONSOLIDATED FARM AND
RURAL DEVELOPMENT ACT, AS AMENDED BY PUBLIC LAW 92 - 385, ARE REPEALED.
//86 STAT. 557., 7 U.S.C. 1969.//
SEC. 2. SUBSECTION (A) OF SECTION 321 OF THE CONSOLIDATED FARM AND
RURAL DEVELOPMENT ACT IS AMENDED BY STRIKING OUT ALL OF THE LANGUAGE
WITHIN THE PARENTHESES AND INSERTING THE FOLLOWING: "(INCLUDING LOANS
THE SECRETARY IS AUTHORIZED TO MAKE OR INSURE UNDER SUBTITLES A AND B OF
THIS TITLE OR ANY OTHER ACT OF CONGRESS)". //75 STAT. 311., 7 U.S. C.
1961.//
SEC. 3. SUBSECTION (B) OF SECTION 321 OF THE CONSOLIDATED FARM AND
RURAL DEVELOPMENT ACT IS AMENDED BY DELETING SAID SUBSECTION IN ITS
ENTIRETY AND SUBSTITUTING IN LIEU THEREOF: //7 U.S.C. 1922, 1941.//
"(B) THE SECRETARY SHALL MAKE LOANS IN ANY SUCH AREA DESIGNATED BY
THE SECRETARY IN ACCORDANCE WITH SUBSECTION (A) HEREOF AND IN ANY AREA
DESIGNATED AS A MAJOR DISASTER BY THE PRESIDENT PURSUANT TO THE
PROVISIONS OF THE DISASTER RELIEF ACT OF 1970, AS AMENDED, (1) TO
ESTABLISHED FARMERS, RANCHERS, OR OYSTER PLANTERS WHO CITIZENS OF THE
UNITED STATES AND (2) TO PRIVATE DOMESTIC CORPORATIONS OR PARTNERSHIPS
ENGAGED PRIMARILY IN FARMING, RANCHING, OR OYSTER PLANTING: //84 STAT.
1745., 42 U.S.C. 4401 NOTE.//
PROVIDED, THAT THEY HAVE EXPERIENCE AND RESOURCES NECESSARY TO ASSURE
A REASONABLE PROSPECT FOR SUCCESSFUL OPERATION WITH THE ASSISTANCE OF
SUCH LOAN, AND ARE UNABLE TO OBTAIN SUFFICIENT CREDIT ELSEWHERE TO
FINANCE THEIR ACTUAL NEEDS AT REASONABLE RATES AND TERMS, TAKING INTO
CONSIDERATION PREVAILING PRIVATE AND COOPERATIVE RATES AND TERMS IN THE
COMMUNITY IN OR NEAR WHICH THE APPLICANT RESIDES FOR LOANS SIMILAR
PURPOSES AND PERIODS OF TIME." //87 STAT. 25.//
SEC. 4. SECTION 324 OF THE CONSOLIDATED FARM AND RURAL DEVELOPMENT
ACT IS AMENDED BY STRIKING OUT "3 PER CENTUM" AND INSERTING IN LIEU
THEREOF "5 PER CENTUM". //7 U.S.C. 1964.//
SEC. 5. SECTION 328 OF THE CONSOLIDATED FARM AND RURAL DEVELOPMENT
ACT, AS AMENDED BY PUBLIC LAW 92 - 173, IS FURTHER AMENDED BY STRIKING
OUT "$100,000,000" AND INSERTING "$500,000,000". //85 STAT. 491., 7 U.
S.C. 1968.//
SEC. 6. SECTION 321 (A) OF THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT IS AMENDED BY STRIKING THE WORD"MAY" AND INSERTING IN
LIEU THEREOF THE WORD "SHALL".
SEC. 7. SECTION 232 OF PUBLIC LAW 91 - 606 IS REPEALED.
SEC. 8. NOTWITHSTANDING THE REPEAL HEREIN OF SECTION 5 OF PUBLIC LAW
92 - 385, AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SECRETARY
OF AGRICULTURE SHALL MAKE LOANS IN ACCORDANCE WITH THE PROVISIONS OF
SECTION 5 OF PUBLIC LAW 92 - 385 TO ELIGIBLE APPLICANTS IN NATURAL
DISASTER AREAS DETERMINED OR DESIGNATED BY THE SECRETARY OF AGRICULTURE
WHERE SUCH DETERMINATION OR DESIGNATION HAD BEEN MADE AFTER JANURAY 1,
1972 AND PRIOR TO DECEMBER 27, 1972. THE AUTHORITY TO ACCEPT
APPLICATIONS FOR SUCH LOANS SHALL EXPIRE 18 DAYS AFTER THE EFFECTIVE
DATE OF THIS ACT. //84 STAT. 1753., 42 U.S.C. 4452.//
SEC. 9. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, ANY LOAN
MADE BY THE SMALL BUSINESS ADMINISTRATION IN CONNECTION WITH ANY
DISASTER OCCURRING ON OR AFTER THE DATE OF ENACTMENT OF THIS ACT UNDER
SECTION 7 (B) (1), (2), OR (4) OF THE SMALL BUSINESS ACT (15 U.S.C. 636
(B) (1), (2), OR (4)) SHALL BEAR INTEREST AT THE RATE DETERMINED UNDER
SECTION 324 OF THE CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT, AS
AMENDED BY SECTION 4 OF THIS ACT. NO PORTION OF ANY SUCH LOAN SHALL BE
SUBJECT TO CANCELLATION UNDER THE PROVISIONS OF ANY LAW. //72 STAT.
387; 78 STAT. 7.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 15 (COMM. ON AGRICULTURE) AND
NO. 93 - 119 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 85 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 22, CONSIDERED AND PASSED HOUSE. MAR. 28, CONSIDERED AND
PASSED SENATE, AMENDED. APR. 12, HOUSE AND SENATE AGREED TO
CONFERENCE REPORT.
PUBLIC LAW 93-23, 87 STAT 24.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED. THAT THE PRESIDENT OF THE
UNITED STATES DECLARE THE FOURTH SATURDAY OF SEPTEMBER, 1973, AS
"NATIONAL HUNTING AND FISHING DAY" TO PROVIDE THAT DESERVED NATIONAL
RECOGNITION, TO RECOGNIZE THE ESTHETIC HEALTH, AND RECREATIONAL VIRTUES
OF HUNTING AND FISHING, TO DRAMATIZE THE CONTINUED NEED FOR GUN AND BOAT
SAFETY, AND TO REDEDICATE OURSELVES TO THE CONSERVATION AND RESPECTFUL
USE OF OUR WILDLIFE AND NATURAL RESOURCES.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 111 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 22, CONSIDERED AND PASSED HOUSE.
APR. 11, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-22, 87 STAT. 24
TO EXTEND DIPLOMATIC PRIVILEGES AND IMMUNITIES TO THE LIAISON
OFFICE OF THE PEOPLE'S REPUBLIC OF CHINA AND TO MEMBERS THEREOF,
AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, UNDER SUCH TERMS
AND CONDITIONS AS HE SHALL DETERMINE AND CONSONANT WITH THE PURPOSES OF
THIS ACT, THE PRESIDENT IS AUTHORIZED TO EXTEND TO THE LIAISON OFFICE OF
THE PEOPLE'S REPUBLIC OF CHINA IN WASHINGTON AND TO THE MEMBERS THEREOF
THE SAME PRIVILEGES AND IMMUNITIES SUBJECT TO CORRESPONDING CONDITIONS
AND OBLIGATIONS AS ARE ENJOYED BY DIPLOMATIC MISSIONS ACCREDITED TO THE
UNITED STATES AND BY MEMBERS THEREOF.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 119 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 13, CONSIDERED AND PASSED SENATE. APR. 17, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-21, 87 STAT
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PRESIDENT OF THE
UNITED STATES IS AUTHORIZED AND REQUESTED TO ISSUE A PROCLAMATION (1)
DESIGNATING THE MONTH OF MAY 1973 AS "NATIONAL ARTHIRTIS MONTH", (2)
INVITING THE GOVERNORS OF THE SEVERAL STATES TO ISSUE PROCLAMATIONS FOR
LIKE PURPOSES, AND (3) URGING THE PEOPLE OF THE UNITED STATES, AND
EDUCATIONAL, PHILANTHROPIC, SCIENTIFIC, MEDICAL, AND HEALTH CARE
PROFESSIONS AND ORGANIZATIONS TO PROVICE THE NECESSARY ASSISTANCE AND
RESOURCES TO DISCOVER THE CAUSES AND CURES OF ARTHRITIS AND RHEUMATIC
DISEASES AND TO ALLEVIATE THE SUFFERING OF PERSONS STRUCK BY THESE
DISEASES.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 112 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 22, CONSIDERED AND PASSED HOUSE.
APR. 11, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-20, 87 STAT. 23.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE 29TH DAY OF APRIL 1973
IS HEREBY MARKED IN COMMEMORATION OF THE THIRTIETH ANNIVERSARY OF THE
UPRISING AGAINST THE NAZI OCCUPATION FORCES BY THE BELEAGUERED AND
OUTNUMBERED JEWS OF THE WARSAW GHETTO WHO, BY THEIR HEROIC STRUGGLE,
REAFFIRMED THE INERADICABLE DETERMINATION OF MANKIND TO FIGHT FOR
FREEDOM FROM OPPRESSION AND SYMBOLIZED THE INDESTRUCTIBLE SPIRIT OF
LIBERTY.
THE PRESIDENT IS AUTHORIZED AND REQUESTED TO ISSUE A PROCLAMATION
INVITING THE PEOPLE OF THE UNITED STATES TO OBSERVE SUCH DAY WITH
APPROPRIATE CEREMONIES AND ACTIVITIES.
LEGISLATIVE HISTORY:
SENATE REPORTS: NO. 93 - 115 ACCOMPANYING S.J. RES. 18 (COMM. ON THE
JUDICIARY) AND NO. 93 - 116 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 5, CONSIDERED AND PASSED HOUSE.
APR. 12, CONSIDERED AND PASSED SENATE, IN LIEU OF L.J. RES.
18.
PUBLIC LAW 93-19, 87 STAT 23.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, (1) IN RECOGNITION OF JIM
THORPE HAVING BEEN CHOSEN THE GREATEST ATHLETE IN THE FIRST HALF OF THE
TWENTIETH CENTURY BY THE ASSOCIATED PRESS, (2) IN APPRECIATION FOR THE
STANDARDS OF EXCELLENCE SET BY JIM THORPE WHICH HAVE TAUGHT ALL
AMERICANS TO RECOGNIZE THE INNATE DIGNITY OF THEIR FELLOW CITIZEN, THE
AMERICAN INDIAN, (3) IN THE RECOGNITION OF JIM THORPE'S EXAMPLE OF
OVERCOMING SOCIAL AND ECONOMIC BARRIERS TO ACHIEVE EXCELLENCE, AND
BLAZING A TRAIL FOR OTHER TALENTED MINORITY AMERICANS, AND (4) IN HONOR
OF THE RECOGNITION JIM THORPE BROUGHT TO ALL AMERICANS WITH HIS TRIUMPH
AT THE 1912 OLYMPICS, THE PRESIDENT IS AUTHORIZED AND REQUESTED TO ISSUE
A PROCLAMATION DESIGNATING APRIL 16, 1973, AS "JIM THORPE DAY", AND
CALLING UPON THE PEOPLE OF THE UNITED STATES TO OBSERVE SUCH DAY WITH
APPORPRIATE CEREMONIES AND ACTIVITIES.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 110 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
APR. 11, CONSIDERED AND PASSED SENATE.
APR. 12, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-18, 87 STAT 22.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED. THAT, TO EMPHASIZE THE
IMPORTANCE OF INTELLIGENTLY PLANNED USE AND DISTRIBUTION OF THE NATION'S
WATER RESOURCES, AND IN RECOGNITION OF THE HIGHLY DEVELOPED PROFESSIONAL
AND INDUSTRIAL TECHNIQUES WHICH PROVIDE THE AMERICAN PEOPLE WITH A
CONSTANT SUPPLY OF CLEAN WATER FOR USE IN HOME, OFFICE, SCHOOL, FACTORY,
HOSPITAL, AND WHEREVER ELSE SUCH CLEAN WATER IS NEEDED, THE PRESIDENT IS
HEREBY AUTHORIZED AND REQUESTED TO ISSUE A PROCLAMATION DESIGNATING THE
PERIOD BEGINNING APRIL 15, 1973, AND ENDING APRIL 22, 1973, AS "NATIONAL
CLEAN WATER WEEK", CALLING UPON INTERESTED GROUPS AND ORGANIZATIONS TO
OBSERVE SUCH WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
LEGISLATIVE HISTORY:
SENATE REPORT N. 93 - 113 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 29, CONSIDERED AND PASSED HOUSE.
APR. 11, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-17, 87 STAT. 12, INTEREST EQUALIZATION TAX EXTENSION
ACT OF 1973.
TO PROVIDE AN EXTENSION OF THE INTEREST EQUALIZATION TAX, 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, ETC.
(A) SHORT TITLE. -- THIS ACT MAY BE CITED AS THE "INTEREST
EQUALIZATION TAX EXTENSION ACT OF 1973".
(B) AMENDMENT OF 1954 CODE. -- WHENEVER IN THIS ACT AN AMENDMENT IS
EXPRESSED IN TERMS OF AN AMENDMENT TO A SECTION OR OTHER PROVISION, THE
REFERENCE IS TO A SECTION OR OTHER PROVISION OF THE INTERNAL REVENUE
CODE OF 1954. //68A STAT. 3; 26 U.S.C. 1 ET SEQ.//
SEC. 2. EXTENSION OF INTEREST EQUALIZATION TAX.
SECTION 4911 (D) IS AMENDED BY STRIKING OUT "MARCH 31, 1973" AND
INSERTING IN LIEU THEREOF "JUNE 30, 1974". //78 STAT. 809; 85 STAT.
13.//
SEC. 3. OTHER AMENDMENTS.
(A) ESTATE TAXATION OF CERTAIN DEBT WHERE INTEREST EQUALIZATION TAX
APPLIES. --
"(1) ESTATE TAX NOT TO APPLY. -- THE LAST SENTENCE OF SECTION
2104 (C) (RELATING TO TREATMENT OF CERTAIN DEBT OBLIGATIONS FOR
ESTATE TAX PURPOSES) IS AMENDED BY INSERTING "OR SECTION 861 (A)
(1) (G)" AFTER "BY REASON OF SECTION 861 (A) (1) (B)". //80 STAT.
1572; 85 STAT. 15; 80 STAT. 1542.//
"(2) EFFECTIVE DATE. -- THE AMENDMENT MADE BY PARAGRAPH (1)
SHALL APPLY WITH RESPECT TO ESTATES OF DECEDENTS DYING AFTER
DECEMBER 31, 1972, EXCEPT THAT IN THE CASE OF THE ASSUMPTION OF A
DEBT OBLIGATION OF A FOREIGN CORPORATION WHICH IS TREATED AS
ISSUED UNDER SECTION 4912 (C) (2) AFTER DECEMBER 31, 1972, AND
BEFORE JANUARY 1, 1974, THE AMENDMENT MADE BY PARAGRAPH (1) SHALL
APPLY WITH RESPECT TO ESTATES OF DECEDENTS DYING AFTER DECEMBER
31, 1973. //87 STAT. 12; 87 STAT. 13; 85 STAT. 14.//
(B) REPEAL OF EXEMPTION FOR SHIPPING COMPANIES IN LESS DEVELOPED
COUNTRIES. --
"(1) IN GENERAL. -- SECTION 4916 (RELATING TO INVESTMENTS IN
LESS DEVELOPED COUNTRIES) IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SUBSECTION: //78 STAT. 827.//
"(E) REPEAL OF EXCLUSION FOR ISSUES AFTER JANUARY 29, 1973 IN THE
CASE OF LESS DEVELOPED COUNTRY SHIPPING COMPANIES. -- SUBSECTION (A) (2)
SHALL NOT APPLY TO ACQUISITIONS OF STOCK OR DEBT OBLIGATIONS OF A
CORPORATION DESCRIBED IN SUBSECTION (C) (1) (B) (RELATING TO CERTAIN
LESS DEVELOPED COUNTRY SHIPPING COMPANIES) WHICH WERE ISSUED AFTER
JANUARY 29, 1973." //81 STAT. 159.//
"(2) CONFORMING AMENDMENT. -- SECTION 4916 (A) (2) IS AMENDED
BY INSERTING "(EXCEPT AS PROVIDED IN SUBSECTION (E))" AFTER "LESS
DEVELOPED COUNTRY CORPORATION".
(C) EXCEPTIONS TO EXCLUSION RULES FOR CERTAIN PRE-EXISTING
COMMITMENTS, ETC. --
(1) EXCEPTION FOR PRE-EXISTING COMMITMENTS. -- SECTION 4916 (E)
OF THE INTERNAL REVENUE CODE OF 1954 (RELATING TO REPEAL OF
EXCLUSION FOR ISSUES AFTER JANUARY 29, 1973, IN THE CASE OF LESS
DEVELOPED COUNTRY SHIPPING COMPANIES) SHALL NOT APPLY TO AN
ACQUISITION --
(A) MADE PURSUANT TO AN OBLIGATION TO ACQUIRE WHICH, ON JANUARY
29, 1973 --
(I) WAS UNCONDITIONAL, OR
(II) WAS SUBJECT ONLY TO CONDITIONS CONTAINED IN A FORMAL
CONTRACT UNDER WHICH PARTIAL PERFORMANCE HAD OCCURRED;
(B) AS TO WHICH ON OR BEFORE JANUARY 29, 1973, THE ACQUIRING
UNITED STATES PERSON (OR, IN A CASE WHERE 2 OR MORE UNITED STATES
PERSONS ARE MAKING ACQUISITIONS AS PART OF A SINGLE TRANSACTION, A
MAJORITY IN INTEREST OF SUCH PERSONS) HAD TAKEN EVERY ACTION TO
SIGNIFY APPROVAL OF THE ACQUISITION UNDER THE PROCEDURES
ORDINARILY EMPLOYED BY SUCH PERSON (OR PERSONS) IN SIMILAR
TRANSACTIONS, SUBJECT ONLY TO THE EXECUTION OF FORMAL DOCUMENTS
EVIDENCING THE ACQUISITION AND TO CUSTOMARY CLOSING CONDITIONS,
AND THE ACQUIRING UNITED STATES PERSON (OR PERSONS) --
(I) HAD SENT OR DEPOSITED FOR DELIVERY TO THE FOREIGN ISSUER OR
OBLIGOR FROM WHOM THE ACQUISITION WAS MADE WRITTEN EVIDENCE OF
SUCH APPROVAL IN THE FORM OF A COMMITTMENT LETTER, MEMORANDUM OF
TERMS, DRAFT PURCHASE CONTRACT, OR OTHER DOCUMENTS SETTING FORTH,
OR REFERRING TO A DOCUMENT SENT BY THE FOREIGN ISSUER OR OBLIGOR
FROM WHOM THE ACQUISITION WAS MADE WHICH SET FORTH, THE PRINCIPAL
TERMS OF SUCH ACQUISITION, OR //87 STAT. 13; 87 STAT. 14//
(II) HAD RECEIVED FROM THE FOREIGN ISSUER OR OBLIGOR FROM WHOM
THE ACQUISITION WAS MADE A MEMORANDUM OF TERMS, DRAFT PURCHASE
CONTRACT, OR OTHER DOCUMENT SETTING FORTH, OR REFERRING TO A
DOCUMENT SENT BY THE ACQUIRING UNITED STATES PERSON (OR PERSONS)
WHICH SET FORTH, THE PRINCIPAL TERMS OF SUCH ACQUISITIONS;
(C) OF STOCK OR A DEBT OBLIGATION ISSUED IN CONNECTION WITH THE
PURCHASE OR LEASE OF A VESSEL THE CONSTRUCTION OF WHICH WAS BEGUN
BEFORE JANUARY 30, 1973, IF --
(I) THE ACQUISITION MEETS THE REQUIREMENTS OF SUBPARAGRAPH (B)
(EXCEPT THAT FOR PURPOSES OF THIS CLAUSE THE TERM "JANUARY 29,
1973" APPEARING IN SUCH SUBPARAGRAPH SHALL BE READ AS "APRIL 30,
1973"), AND
(II) THE CONTRACT FOR THE CONSTRUCTION OF THE VESSEL WAS
ENTERED INTO BY THE UNITED STATES PERSON, OR BY A LESS DEVELOPED
COUNTRY CORPORATION DESCRIBED IN SECTION 4916 (C) (1) (B) OF THE
INTERNAL REVENUE CODE OR 1954 WHICH IS A MEMBER OF THE SAME
CONTROLLED GROUP (WITHIN THE MEANING OF SECTION 1563 (A) OF SUCH
CODE) AS THAT PERSON, WHICH PURCHASED OR LEASED SUCH VESSEL; OR
//81 STAT, 159; 26 U.S.C. 4916; 78 STAT. 120; 83 STAT. 602.//
(D) OF STOCK OR A DEBT OBLIGATION ISSUED IN CONNECTION WITH A
PURCHASE OR LEASE OF A VESSEL THE CONSTRUCTION OF WHICH WAS BEGUN
BEFORE JANUARY 30, 1973 IF --
(I) A REQUEST FOR A RULING HAD BEEN FILED WITH THE INTERNAL
REVENUE SERVICE WITHIN 60 DAYS PRIOR TO JANUARY 30, 1973, WITH
RESPECT TO THE TRANSACTION,
(II) BEFORE SUCH DATE THE UNITED STATES PERSON FINANCING THE
TRANSACTION (OR IF TWO OR MORE SUCH PERSONS ARE PARTICIPATING IN
FINANCING THE TRANSACTION, A MAJORITY IN INTEREST OF SUCH PERSONS)
HAD APPROVED THE TRANSACTION, OR GIVEN A COMMITMENT TO PARTICIPATE
IN THE TRANSACTION (ORALLY OR IN WRITING), SUBJECT TO CUSTOMARY
CLOSING CONDITIONS, AND
(III) THE VESSEL TO BE ACQUIRED IN THE TRANSACTION WAS
DELIVERED ON OR BEFORE MARCH 1, 1973.
FOR PURPOSES OF THIS PARAGRAPH --
(I) FOREIGN ISSUER OR OBLIGOR. -- THE TERM "FOREIGN ISSUER OR
OBLIGOR" SHALL INCLUDE ANY PERSON WHICH, ON THE DATE OF SUCH
ACQUISITION, OWNED AT LEAST 80 PERCENT OF EACH CLASS OF STOCK OF
THE FOREIGN ISSUER OR OBLIGOR, AS DETERMINED UNDER SECTION 958 (A)
OF THE INTERNAL REVENUE CODE OF 1954, OR WHICH IS THE AGENT OR
REPRESENTATIVE OF SUCH PERSON. //76 STAT. 1018. 26 U.S.C. 958.//
(II) ACQUIRING UNITED STATES PERSON. -- THE TERM "ACQUIRING
UNITED STATES PERSON (OR PERSONS)" INCLUDES THE IMMEDIATE
PREDECESSOR IN INTEREST TO SUCH PERSON OR PERSONS.
(2) EXCEPTION FOR PUBLIC OFFERING. -- SUCH SECTION 4916 (E)
SHALL NOT APPLY TO AN ACQUISITION IF -- //ANTE, P. 13.//
(A) A REGISTRATION STATEMENT (WITHIN THE MEANING OF THE
SECURITIES ACT OF 1933) HAD BEEN IN EFFECT, WITH RESPECT TO THE
STOCK OR DEBT OBLIGATION ACQUIRED, AT THE TIME OF ITS ISSUANCE;
//48 STAT. 74.; 15 U.S.C. 77A.//
(B) THE REGISTRATION STATEMENT WAS FIRST FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION ON JANUARY 29, 1973, OR WITHIN
90 DAYS BEFORE THAT DATE; AND
(C) NO AMENDMENT WAS FILED WITH THE SECURITIES AND EXCHANGE
COMMISSION AFTER JANUARY 29, 1973, AND BEFORE THE ISSUANCE OF SUCH
STOCK OR DEBT OBLIGATION WHICH HAD THE EFFECT OF INCREASING THE
NUMBER OF SHARES OF STOCK OR THE AGGREGATE FACE AMOUNT OF THE DEBT
OBLIGATIONS COVERED BY THE REGISTRATION STATEMENT.
(2) EXCEPTION FOR OPTIONS, FORECLOSURES, AND CONVERSIONS. --
SUCH SECTION 4916 (E) SHALL NOT APPLY TO AN ACQUISITION --
(A) OF STOCK PURSUANT TO THE EXERCISE OF AN OPTION OR SIMILAR
RIGHT (OR A RIGHT TO CONVERT A DEBT OBLIGATION INTO STOCK), IF
SUCH OPTION OR RIGHT WAS HELD ON JANUARY 29, 1973, BY THE PERSON
MAKING THE ACQUISITION OR BY A DECEDENT FROM WHOM SUCH PERSON
ACQUIRED THE RIGHT TO EXERCISE SUCH OPTION OR RIGHT BY BEQUEST OR
INHERITANCE OR BY REASON OF SUCH DECEDENT'S DEATH, OR
(B) OF STOCK OR DEBT OBLIGATIONS AS A RESULT OF A FORECLOSURE
BY A CREDITOR PURSUANT TO THE TERMS OF AN INSTRUMENT HELD BY SUCH
CREDITOR ON JANUARY 29, 1973.
(4) CONSTRUCTION. -- THE PROVISIONS OF THIS SUBSECTION SHALL BE
CONSTRUED AND APPLIED AS IF THIS SUBSECTION WERE PART OF CHAPTER
41 OF THE INTERNAL REVENUE CODE OF 1954 (RELATING TO INTEREST
EQUALIZATION TAX), AND THE TERMS USED IN THIS SUBSECTION SHALL
HAVE THE SAME MEANING AS SUCH TERMS HAVE WHEN USED IN SUCH
CHAPTER. //26 U.S.C. 4911; ET SEQ.//
(D) EXCLUSION FOR SECURITIES ISSUED TO FINANCE NEW OR ADDITIONAL
DIRECT INVESTMENT IN THE UNITED STATES. --
(1) EXCLUSION FROM TAX. -- SUBCHAPTER A OF CHAPTER 41 (RELATING
TO ACQUISITION OF FOREIGN STOCK AND DEBT OBLIGATIONS) IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTION: //78
STAT. 809; 85 STAT. 21.//
SEC. 4922. EXCLUSION FOR CERTAIN ISSUES TO FINANCE NEW OR
ADDITIONAL DIRECT INVESTMENT IN THE UNITED STATES.
"(A) GENERAL RULE. -- THE TAX IMPOSED BY SECTION 4911 SHALL NOT APPLY
TO THE ACQUISITION BY A UNITED STATES PERSON OF --
"(1) STOCK OR A DEBT OBLIGATION CONSTITUTING ALL OR PART OF A
NEW ISSUE (AS DEFINED IN SECTION 4917 (C)) WHICH WAS ISSUED FOR
THE PRUPOSE OF FINANCING NEW OR ADDITIONAL DIRECT INVESTMENT (AS
DEFINED BY THE SECRETARY OR HIS DELEGATE) IN THE UNITED STATES BY
THE FOREIGN ISSUER OR OBLIGOR AND WHICH QUALIFIED UNDER SUBSECTION
(B), //78 STAT. 830.//
"(2) STOCK PURSUANT TO A RIGHT TO CONVERT A DEBT OBLIGATION
INTO STOCK WITHOUT THE PAYMENT OF ANY FURTHER CONSIDERATION IF
SUCH DEBT OBLIGATION QUALIFIED FOR EXCLUSION FROM TAX UNDER THIS
SUBSECTION WHEN IT WAS ISSUED, OR
"(3) A DEBT OBLIGATION ISSUED FOR THE PURPOSE OF REFUNDING OR
REFINANCING A NEW OR ORIGINAL ISSUE WHICH MET THE REQUIREMENTS OF
PARAGRAPH (1) WHEN THAT NEW OR ORIGINAL ISSUE WAS ISSUED.
"(B) QUALIFICATION FOR EXCLUSION. -- IN ORDER FOR ANY ISSUE OF STOCK
OR DEBT OBLIGATIONS TO QUALIFY FOR AN EXCLUSION UNDER SUBSECTION (A),
THE FOREIGN ISSUER OR OBLIGOR (PRIOR TO THE ISSUANCE OF SUCH STOCK OR
DEBT OBLIGATIONS) SHALL HAVE ESTABLISHED TO THE SATISFACTION OF THE
SECRETARY OR HIS DELEGATE, PURSUANT TO RULES OR REGULATIONS PRESCRIBED
BY THE SECRETARY OR HIS DELEGATE, THAT --
"(1) AT LEAST 50 PERCENT OF THE TOTAL FUNDS REQUIRED FOR THE
DIRECT INVESTMENT INVOLVED WILL COME FROM SOURCES OUTSIDE THE
UNITED STATES;
"(2) SUCH INVESTMENT WILL BE MADE FOR A PERIOD OF AT LEAST 10
YEARS;
"(3) DURING SUCH 10-YEAR PERIOD THE AGGREGATE AMOUNT OF ALL
INVESTEMENTS IN THE UNITED STATES BY THE FOREIGN ISSUER OR OBLIGOR
WILL AT NO TIME BE REDUCED BELOW THE AGGREGATE AMOUNT OF SUCH
INVESTMENTS AS DETERMINED IMMEDIATELY AFTER THE INVESTEMENT TO
WHICH THE EXCLUSION APPLIES;
"(4) DURING SUCH 10-YEAR PERIOD THE FOREIGN ISSUER OR OBLIGOR
WILL COMPLY WITH SUCH OTHER CONDITIONS AND REQUIREMENTS AS THE
SECRETARY OR HIS DELEGATE MAY PRESCRIBE AND MAKE APPLICABLE TO
SUCH ISSUER OR OBLIGOR; AND
"(5) DURING SUCH 10-YEAR PERIOD THE FOREIGN ISSUER OR OBLIGOR
WILL SUBMIT SUCH REPORTS AND INFORMATION, IN SUCH FORM AND MANNER,
AS MAY BE REQUIRED BY THE SECRETARY OR HIS DELEGATE TO
SUBSTANTIATE COMPLIANCE BY THE FOREIGN ISSUER OR OBLIGOR WITH THE
REQUREMENTS OF THE PRECEDING PARAGRAPHS.
FOR PURPOSES OF THIS SUBSECTION, A FOREIGN ISSUER OR OBLIGOR SHALL
NOT BE CONSIDERED TO HAVE FAILED TO MEET THE REQUIREMENTS OF THIS
SUBSECTION WITH RESPECT TO AN ISSUE OF STOCK DESCRIBED IN SUBSECTION (A)
(2), OR A DEBT OBLIGATION DESCRIBED IN SUBSECTION (A) (3), IF HE
CONTINUES TO COMPLY WITH THE REQUIREMENTS IMPOSED ON HIM BY THIS
SUBSECTION WITH RESPECT TO THE DEBT OBLIGATION CONVERTED, REFUNDED, OR
REFINANCED, FOR THE FULL 10-YEAR PERIOD.
"(C) LOSS OF ENTITLEMENT TO EXCLUSION IN CASE OF SUBSEQUENT
NONCOMPLIANCE. --
"(1) IN GENERAL. -- WHERE AN EXCLUSION UNDER SUBSECTION (A) HAS
APPLIED WITH RESPECT TO THE ACQUISITION OF ANY STOCK OR DEBT
OBLIGATION, BUT THE FOREIGN ISSUER OR OBLIGOR SUBSEQUENTLY FAILS
(BEFORE THE TERMINATION DATE SPECIFIED IN SECTION 4911 (D)) TO
COMPLY WITH ANY OF THE REQUIREMENTS ENUMERATED IN SUBSECTION (B)
OR MADE APPLICABLE TO SUCH ISSUER OR OBLIGOR UNDER PARAGRAPH (4)
THEREOF, THEN LIABILITY FOR THE TAX IMPOSED BY SECTION 4911 (IN AN
AMOUNT DETERMINED UNDER PARAGRAPH (2) OF THIS SUBSECTION) SHALL BE
INUCRRED BY SUCH FOREIGN ISSUER OR OBLIGOR (WITH RESPECT TO SUCH
STOCK OR DEBT OBLIGATIONS) AT THE TIME SUCH FAILURE TO COMPLY
OCCURS AS DETERMINED BY THE SECRETARY OR HIS DELEGATE. //ANTE, P.
12.//
"(2) AMOUNT OF TAX. -- IN ANY CASE WHERE AN EXCLUSION UNDER
SUBSECTION (A) HAS APPLIED WITH RESPECT TO AN ORIGINAL OR NEW
ISSUE OF STOCK OR DEBT OBLIGATIONS, A SUBSEQUENT FAILURE TO COMPLY
WITH THE REQUIREMENTS ENUMERATED IN OR MADE APPLICABLE TO THE
FOREIGN ISSUER OR OBLIGOR UNDER SUBSECTION (B) OCCURS AND
LIABILITY FOR THE TAX IMPOSED BY SECTION 4911 IS INCURRED BY THE
ISSUER OR OBLIGOR AS A RESULT THEREOF, THE AMOUNT OF SUCH TAX
SHALL BE EQUAL TO THE AMOUNT OF TAX FOR WHICH ALL PERSONS
ACQUIRING SUCH STOCK OR DEBT OBLIGATIONS (AS PART OF THE ORIGINAL
OR NEW ISSUE) WOULD HAVE BEEN LIABLE UNDER SUCH SECTION UPON THEIR
ACQUISITION THEREOF IF SUCH EXCLUSION HAD NOT APPLIED TO SUCH
ACQUISITION." //78 STAT. 809; 26 U.S.C. 4911.//
(2) PENALTY. -- SUBCHAPTER B OF CHAPTER 68 (RELATING TO
ASSESSABLE PENALTIES) IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SECTION: //68A STAT. 828; 86 STAT. 936, 1496. 26
U.S.C. 6671.//
"SEC. 6689. FAILURE BY CERTAIN FOREIGN ISSUERS AND OBLIGORS
TO COMPLY WITH UNITED STATES INVESTEMENT EQUALIZATION TAX
REQUIREMENTS.
"IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW, ANY FOREIGN
ISSUER OR OBLIGOR WITH RESPECT TO AN ORIGINAL OR NEW ISSUE OF WHOSE
STOCK OR DEBT OBLIGATIONS AN EXCLUSION FROM TAX UNDER SECTION 4922
APPLIED, BUT WHO FAILS TO COMPLY WITH ANY OF THE APPLICABLE REQUIREMENTS
ENUMERATED IN OR MADE APPLICABLE TO SUCH ISSUER OR OBLIGOR UNDER
SUBSECTION (B) OF SUCH SECTION AND (UNDER SECTION 4922 (C)) INCURS
LIABILITY FOR THE TAX IMPOSED BY SECTION 4911 AS A RESULT THEREOF,
SHALL, UNLESS IT IS SHOWN THAT SUCH FAILURE TO COMPLY IS DUE TO
REASONABLE CAUSE AND NOT DUE TO WILLFUL NEGLECT, BE LIABLE (IN ADDITION
TO THE LIABILITY FOR TAX SO INCURRED) FOR A PENALTY EQUAL TO 25 PERCENT
OF THE TOTAL AMOUNT OF SUCH TAX." //ANTE, P. 15. 78 STAT. 809. 26
U.S.C. 4911.//
(3) CONFORMING AMENDMENTS. --
(A) THE TABLE OF SECTIONS FOR SUBCHAPTER A OF CHAPTER 41 IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW ITEM:
"SEC. 4922. EXCLUSION FOR CERTAIN ISSUES TO FINANCE NEW
ADDITIONAL DIRECT INVESTMENT IN THE UNITED STATES.".
(B) THE TABLE OF SECTIONS FOR SUBCHAPTER B OF CHAPTER 68 IS
AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW ITEM:
"SEC. 6689. FAILURE BY CERTAIN FOREIGN ISSUERS AND
OBLIGORS TO COMPLY WITH UNITED STATES INVESTEMENT
EQUALIZATION TAX REQUIREMENTS.".
(E) CORPORATIONS FORMED TO ACQUIRE FOREIGN SECURITIES. -- SECTION
4912 (B) (3) (RELATING TO ACQUISITIONS FROM DOMESTIC CORPORATION OR
PARTNERSHIP FORMED OR AVAILED OF TO OBTAIN FUNDS FOR FOREIGN ISSUER OR
OBLIGOR) IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING: "THE
PRECEDING SENTENCE SHALL NOT APPLY TO THE ACQUISITION OF STOCK OR A DEBT
OBLIGATION OF A DOMESTIC CORPORATION ALL OF WHOSE ACQUISITIONS OF STOCK
OR DEBT OBLIGATIONS OF FOREIGN ISSUERS OR OBLIGORS ARE EITHER SUBJECT TO
THE TAX IMPOSED BY SECTION 4911 OR WITHOUT LIABILITY FOR PAYMENT OF SUCH
TAX UNDER SECTION 4916, 4917, 4918, OR 4920 (B). AN ACQUISITION TO
WHICH SECTION 4914 (C) APPLIES SHALL NOT BE TAKEN INTO CONSIDERATION IN
DETERMINING WHETHER A DOMESTIC CORPORATION OR PARTNERSHIP IS FORMED OR
AVAILED OF FOR THE PURPOSE OF OBTAINING FUNDS (DIRECTLY OR INDIRECTLY)
FOR A FOREIGN ISSUER OR OBLIGOR." //78 STAT. 810.,78 STAT. 827.,81
STAT. 148., 79 STAT. 963., POST, P. 18.//
(F) EXPORT FINANCING. --
(1) SALE OR LEASE OF UNITED STATES PROPERTY OR SERVICES. --
SECTION 4914 (C) (1) (RELATING TO EXPORT CREDIT, ETC.,
TRANSACTIONS) IS AMENDED TO READ AS FOLLOWS: //78 STAT. 815; 81
STAT. 158.//
"(1) IN GENERAL. -- THE TAX IMPOSED BY SECTION 4911 SHALL NOT
APPLY TO THE ACQUISITION OF A DEBT OBLIGATION ARISING OUT OF THE
SALE OR LEASE OF TANGIBLE PERSONAL PROPERTY OR SERVICES, OR BOTH,
IF --
"(A) PAYMENT OF SUCH DEBT OBLIGATION (OR OF ANY RELATED DEBT
OBLIGATION ARISING OUT OF SUCH SALE OR LEASE) IS GUARANTEED OR
INSURED, IN WHOLE OR IN PART, BY AN AGENCY OR WHOLLY OWNED
INSTRUMENTALITY OF THE UNITED STATES; OR
"(B) (I) NOT LESS THAN 85 PERCENT OF THE AMOUNT OF THE LOAN OR
THE AMOUNT PAID OR OTHER CONSIDERATION GIVEN TO ACQUIRE SUCH DEBT
OBLIGATION IS ATTRIBUTABLE TO THE SALE OR LEASE OF PROPERTY
MANUFACTURED, PRODUCED, GROWN, OR EXTRANCTED IN THE UNITED STATES,
OR TO THE PERFORMANCE OF SERVICES BY UNITED STATES PERSONS, OR TO
BOTH, AND
"(II) THE EXTENSION OF CREDIT AND THE ACQUISITION OF THE DEBT
OBLIGATION RELATED THERETO ARE REASONABLY NECESSARY TO ACCOMPLISH
THE SALE OR LEASE OF PROPERTY OR SERVICES OUT OF WHICH THE DEBT
OBLIGATION ARISES, AND THE TERMS OF THE DEBT OBLIGATION ARE NOT
UNREASONABLE IN LIGHT OF CREDIT PRACTICES IN THE BUSINESS IN WHICH
THE PERSON SELLING OR LEASING SUCH PROPERTY OR SERVICES IS
ENGAGED. THE TERM 'SERVICES' AS USED IN THIS PARAGRAPH AND
PARAGRAPH (2), SHALL NOT BE CONSTRUED TO INCLUDE FUNCTIONS
PERFORMED AS AN UNDERWRITER."
"(2) REFUNDING OR REFINANCING CERTAIN DEBT OBLIGATIONS. --
SECTION 4914 (C) IS AMENDED BY REDESIGNATING PARAGRAPH (8) AS (9),
AND BY INSERTING AFTER PARAGRAPH (7) THE FOLLOWING NEW PARAGRAPH:
//78 STAT. 813; 81 STAT. 158., 26 U.S.C. 4914.//
"(8) REFUNDING OR REFINANCING CERTAIN DEBT OBLIGATIONS. -- THE
TAX IMPOSED BY SECTION 4911 SHALL NOT APPLY TO THE ACQUISITION OF
A DEBT OBLIGATION ISSUED FOR THE PURPOSE OF REFUNDING OR
REFINANCING A NEW OR ORIGINAL DEBT OBLIGATION IF -- //78 STAT.
809.//
"(A) THE PURPOSE FOR WHICH AND CIRCUMSTANCES UNDER WHICH THE
NEW OR ORIGINAL DEBT OBLIGATION WAS ISSUED ARE SUCH THAT, WERE
SUCH DEBT OBLIGATION ISSUED ON THE DATE ON WHICH THE REFUNDING OR
REFINANCING DEBT OBLIGATION IS ISSUED, THE ACQUISITION OF THAT NEW
OR ORIGINAL DEBT OBLIGATION WOULD NOT BE SUBJECT TO TAX UNDER
SECTION 4911, AND
"(B) THE TERMS OF THE REFUNDING OR REFINANCING DEBT OBLIGATION
ARE NOT UNREASONABLE IN LIGHT OF CREDIT PRACTICES IN THE BUSINESS
IN WHICH THE PERSON ACQUIRING THE DEBT OBLIGATION IS ENGAGED AND
THE REFUNDING OR REFINANCING OF THE NEW OR ORIGINAL DEBT
OBLIGATION IS CUSTOMARY IN TRANSACTIONS OF THE TYPE OUT OF WHICH
IT AROSE."
(G) (1) EXCLUSION FOR ACQUISITIONS BY QLFC'S TO FINANCE EXPORTS. --
SECTION 4915 (E) (1) (A) IS AMENDED TO READ AS FOLLOWS: //85 STAT.
17.//
"(A) (I) THE AMOUNTS RECEIVED BY THE CORPORATION AS A RESULT OF
THE ACQUISITION WILL NOT BE USED TO ACQUIRE STOCK OF FOREIGN
ISSUERS OR DEBT OBLIGATIONS OF FOREIGN OBLIGORS (OTHER THAN STOCK
OR DEBT OBLIGATIONS THE ACQUISITION OF WHICH IS NOT SUBJECT TO THE
TAX IMPOSED BY SECTION 4911 ON ACCOUNT OF SECTION 4914(C)), OR
UTILIZED IN ANY WAY OUTSIDE OF THE UNITED STATES OTHER THAN FOR
THE ACQUISITION OF TANGIBLE PERSONAL PROPERTY FOR LEASING WHICH IS
MANUFACTURED OR PRODUCED IN THE UNITED STATES, OR (II) THE FUNDS
USED FOR SUCH ACQUISITION WERE OBTAINED FROM SOURCES OUTSIDE THE
UNITED STATES; AND".
(2) DEFINITION OF QLFC AMENDED. -- SECTION 4920 (D) (2) IS AMENDED BY
STRIKING OUT EVERYTHING PRECEDING SUBPARAGRAPH (A) AND INSERTING IN LIEU
THEREOF THE FOLLOWING: //85 STAT. 18.//
"(2) ALL DEBT OBLIGATIONS OF FOREIGN OBLIGORS (OTHER THAN DEBT
OBLIGATIONS THE ACQUISITION OF WHICH IS NOT SUBJECT TO THE TAX
IMPOSED BY SECTION 4911 ON ACCOUNT OF SECTION 4914 (C)) ACQUIRED
BY SUCH CORPORATION, AND ALL TANGIBLE PERSONAL PROPERTY NOT
MANUFACTURED OR PRODUCED IN THE UNITED STATES ACQUIRED BY SUCH
CORPORATION FOR LEASING, ARE ACQUIRED AND CARRIED SOLELY OUT OF
--".
(H) (1) PARTICIPATING FIRMS TRADING FOR THEIR OWN ACCOUNTS. --
SECTION 4918 (E) (RELATING TO SALES EFFECTED BY PARTICIPATING FIRMS IN
CONNECTION WITH EXEMPT ACQUISITIONS) IS AMENDED BY -- //81 STAT. 148,
175.//
(A) STRIKING "OR" AT THE END OF PARAGRAPH (7),
(B) REDESIGNATING PARAGRAPH (8) AS (9), AND
(C) INSERTING AFTER PARAGRAPH (7) THE FOLLOWING NEW PARAGRAPH:
"(8) SELLS FOR ITS OWN ACCOUNT AND PASY THE TAX IMPOSED UNDER
SECTION 4911 ON ITS ACQUISITION OF SUCH STOCK OR DEBT OBLIGATION
NOT LATER THAN THE TIME IT WOULD BE REQUIRED TO PAY OVER SUCH TAX
TO THE SECRETARY OR HIS DELEGATE IF SUCH TAX WERE WITHHELD UNDER
PARAGRAPH (7); OR".
(2) EFFECTIVE DATE. -- THE AMENDMENT MADE BY THIS SUBSECTION SHALL
APPLY TO ACQUISITIONS OF STOCK OR DEBT OBLIGATIONS MADE ON OR AFTER JULY
15, 1967.
(I)(1) INTEREST EQUALIZATION TAX REFUNDS. -- SECTION 4919(A)
(RELATING TO CREDIT OR REFUND) IS AMENDED BY STRIKING OUT "CREDIT OR
REFUND (WITHOUT INTEREST)" AND INSERTING IN LIEU THEREOF "CREDIT
(WITHOUT INTEREST) OR REFUND". //78 STAT. 833; 85 STAT. 20., 26 U.S.
C. 4919.//
(2) GRACE PERIOD FOR PROMPT REFUNDS. -- SECTION 6611 (RELATING TO
INTEREST ON OVERPAYMENTS) IS AMENDED BY REDESIGNATING SUBSECTION (H) AS
(I), AND BY INSERTING AFTER SUBSECTION (G) THE FOLLOWING NEW SUBSECTION:
//68A STAT. 819; 72 STAT. 1640.//
"(H) REFUND WITHIN 45 DAYS AFTER FILING CLAIM FOR REFUND OF INTEREST
EQUALIZATION TAX PAID ON SECURITIES SOLD TO FOREIGNERS. -- NO INTEREST
SHALL BE ALLOWED UNDER SUBSECTION (A) ON ANY OVERPAYMENT OF THE TAX
IMPOSED BY SECTION 4911, ARISING BY REASON OF SECTION 4919 (A), IF THE
OVERPAYMENT IS REFUNDED WITHIN 45 DAYS AFTER THE FILING OF A CLAIM FOR
REFUND FOR THAT OVERPAYMENT OF TAX WITH RESPECT TO A PRIOR QUARTER."
//78 STAT. 809.//
(J) CHANGES IN DEFINITIONS AND SPECIAL RULES. --
(1) FOREIGN LENDING OR FINANCE BUSINESSES. -- SECTION 4920 (A)
(3A) IS AMENDED BY -- //81 STAT. 161.//
(A) AMENDING SUBPARAGRAPH (A) TO READ AS FOLLOWS:
"(A) THE TERM 'LENDING OR FINANCE BUSINESS' HAS THE MEANING
GIVEN TO IT BY SECTION 542 (D) (1), EXCEPT THAT THE PORTION OF
SUBPARAGRAPH (B) (I) OF SUCH SECTION FOLLOWING '60 MONTHS' SHALL
BE DISREGARDED;" AND //78 STAT. 80.//
(B) ADDING AT THE END OF SUCH SECTION THE FOLLOWING SENTENCE:
"FOR PURPOSES OF DETERMINING WHETHER A DOMESTIC CORPORATION IS
PRIMARILY ENGAGED IN THE LENDING OR FINANCE BUSINESS, OWNERSHIP OF
STOCK OF AN AFFILIATED CORPORATION WHICH SATISFIES THE
REQUIREMENTS OF CLAUSE (I) AND (II) OF PARAGRAPH (3) (C) SHALL BE
DISREGARDED."
(2) FUNDING OF STOCK OPTIONS AND OTHER ISSUES OF STOCK. --
SECTION 4920 (B) (2) (RELATING TO CLASS OF STOCK DEFINED) IS
AMENDED BY -- //79 STAT. 963; 85 STAT. 20.//
(A) STRIKING "OR" AT THE END OF SUBPARAGRAPH (C),
(B) REDESIGNATING SUBPARAGRAPH (D) AS (E),
(C) INSERTING AFTER SUBPARAGRAPH (C) THE FOLLOWING NEW
SUBPARAGRAPH:
"(D) ISSUED AFTER NOVEMBER 10, 1964, AND PRIOR TO JANUARY 30,
1973, UPON EXERCISE OF A STOCK OPTION GRANTED TO AN INDIVIDUAL, IN
CONNECTION WITH HIS EMPLOYMENT BY THE EMPLOYER CORPORATION, OR ITS
PARENT OR SUBSIDIARY CORPORATION, TO PURCHASE STOCK OF ANY SUCH
CORPORATIONS IF THE TAX IMPOSED BY SECTION 4911 HAS BEEN PAID;",
(D) AMENDING CLAUSE (II) OF SUBPARAGRAPH (E) (AS REDESIGNATED
BY SUBPARAGRAPH (B) OF THIS PARAGRAPH) BY INSERTING BEFORE THE
SEMICOLON THE FOLLOWING: ", OR ON THE LATEST RECORD DATE BEFORE
THE ISSUANCE OF SUCH ADDITIONAL SHARES",
(E) AMENDING CLAUSE (IV) OF SUCH SUBPARAGRAPH (E) BY INSERTING
AFTER "4917," THE FOLLOWING: "OR ARE SHARES ISSUED AFTER JANUARY
29, 1973, UPON EXERCISE OF AN OPTION DESCRIBED IN SECTION 4914 (A)
(8) (DETERMINED WITHOUT REGARD TO WHETHER OR NOT THE OPTIONEE IS A
UNITED STATES PERSON) GRANTED TO AN EMPLOYEE WHO IMMEDIATELY AFTER
SUCH OPTION IS GRANTED IS AN INDIVIDUAL DESCRIBED IN SECTION 422
(B) (7) (PROVIDED THAT THE AGGREGATE NUMBER OF SHARES OF SUCH
CLASS SUBJECT TO ALL OPTIONS DESCRIBED IN SECTION 4914 (A) (8)
(DETERMINED WITHOUT REGARD TO WHETHER OR NOT THE OPTIONEE IS A
UNITED STATES PERSON) THAT ARE GRANTED DURING ONE CALENDAR YEAR
DOES NOT EXCEED ONE PERCENT OF THE TOTAL NUMBER OF OUTSTANDING
SHARES OF SUCH CLASS ON THE FIRST DAY OF SUCH CALENDAR YEAR,",
//78 STAT. 813., 78 STAT. 64.//
(F) STRIKING THE PERIOD AT THE END OF CLAUSE (V) OF SUCH
SUBPARAGRAPH (E) AND INSERTING A SEMICOLON AND "OR", //ANTE, P.
19//
(G) INSERTING AFTER SUCH SUBPARAGRAPH (E) THE FOLLOWING NEW
SUBPARAGRAPH:
"(F) ISSUED AFTER MARCH 31, 1973, AS CONSIDERATION FOR, OR UPON
CONVERSION (OR IN CONNECTION WITH THE PRIOR CONVERSION) OF DEBT
OBLIGATIONS WHICH WERE THE CONSIDERATION FOR, THE ACQUISITION OF
STOCK OF A FOREIGN CORPORATION, IF IMMEDIATELY AFTER SUCH
ACQUISITION THE ACQUIRING CORPORATION OWNS (DIRECTLY OR
INDIRECTLY) MORE THAN 50 PERCENT OF THE TOTAL COMBINED VOTING
POWER OF ALL CLASSES OF STOCK OF SUCH FOREIGN CORPORATION, OR THE
ACQUISITION OF MORE THAN 50 PERCENT (IN VALUE) OF THE ASSETS OF A
FOREIGN CORPORATION, IF --
"(I) SUCH CORPORATION SATISFIED THE REQUIREMENTS OF SECTIONS
4920 (B) (2) (E) (I), (II), AND (III);
"(II) SHARES OF SUCH CLASS WERE HELD OF RECORD BY MORE THAN
5,000 PERSONS ON SUCH CORPORATION'S LATEST RECORD DATE BEFORE
JANUARY 1, 1973;
"(III) DURING THE PERIOD BEGINNING ON JANUARY 1, 1973, AND
RUNNING THROUGH THE DATE OF ISSUANCE OF SUCH SHARES, SHARES OF
SUCH CLASS WERE LISTED FOR TRADING ON ONE OR MORE NATIONAL
SECURITIES EXCHANGES REGISTERED WITH THE SECURITIES AND EXCHANGE
COMMISSION;
"(IV) DURING THE PERIOD BEGINNING ON JANUARY 1, 1973, AND
RUNNING THROUGH THE DATE OF THE ISSUANCE OF THE ADDITIONAL SHARES
SUCH CORPORATION HAS MAINTAINED ITS PRINCIPAL OFFICE IN THE UNITED
STATES;
"(V) DURING THE PERIOD BEGINNING ON JANUARY 1, 1973, AND
RUNNING THROUGH THE DATE OF ISSUANCE OF THE ADDITIONAL SHARES SUCH
CORPORATION HAS BEEN ENGAGED IN TRADE OR BUSINESS IN THE UNITED
STATES;
"(VI) DURING THE 5-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE
OF ISSUANCE, THE AGGREGATE NUMBER OF ADDITIONAL SHARES (OTHER THAN
ADDITIONAL SHARES ISSUED UNDER SUBPARAGRAPH (B), (C), (D), OR (E)
OF THIS SUBSECTION) DOES NOT EXCEED 5 PERCENT OF THE TOTAL NUMBER
OF OUTSTANDING SHARES OF SUCH CLASS ON THE FIRST DAY OF SUCH
5-HEAR PERIOD, AND
"(VII) THE ACQUIRED FOREIGN CORPORATION WAS ENGAGED IN THE
ACTIVE CONDUCT OF A TRADE OR BUSINESS (OTHER THAN AS A DEALER IN
SECURITIES) IMMEDIATELY BEFORE THE DATE OF SUCH ACQUISITION.", AND
(H) STRIKING "SUBPARAGRAPH (D)" WHEREVER IT APPEARS IN THE TEXT
OF SUCH SECTION 4920 (B) (2) AFTER SUBPARAGRAPH (F) (ADDED BY
SUBPARAGRAPH (G) OF THIS PARAGRAPH) AND INSERTING IN LIEU THEREOF
"SUBPARAGRAPH (E)".
(3) FOREIGN SOURCE BORROWING BY QLFC FROM RELATED CORPORATIONS. --
SECTION 4920 (D) (2) (A) (III) IS AMENDED TO READ AS FOLLOWS: //85
STAT. 18, 26 U.S.C. 4920.//
"(III) A FOREIGN CORPORATION (NOT INCLUDING A QUALIFIED LENDING
OR FINANCING CORPORATION OR A FOREIGN CORPORATION ENGAGED IN THE
COMMERCIAL BANKING BUSINESS WHICH ACQUIRES SUCH DEBT OBLIGATIONS
IN THE ORDINARY COURSE OF SUCH COMMERCIAL BANKING BUSINESS), IF
SUCH CORPORATION (OR ONE OR MORE INCLUDIBLE CORPORATIONS IN AN
AFFILIATED GROUP, AS DEFINED IN SECTION 1504, OF WHICH SUCH
CORPORATION IS A MEMBER) OWNS DIRECTLY OR INDIRECTLY (WITHIN THE
MEANING OF SECTION 4915 (A) (1)) 10 PERCENT OR MORE OF THE TOTAL
COMBINED VOTING POWER OF ALL CLASSES OF STOCK OF SUCH FOREIGN
CORPORATION, EXCEPT TO THE EXTNET SUCH FOREIGN CORPORATION HAS,
AFTER HAVING GIVEN ADVANCE NOTICE TO THE SECRETARY OR HIS
DELEGATE, SOLD ITS DEBT OBLIGATIONS TO PERSONS OTHER THAN PERSONS
DESCRIBED IN CLAUSES (I) AND (II) AND THIS CLAUSE AND IS USING THE
PROCEEDS OF THE SALES OF SUCH DEBT OBLIGATIONS TO ACQUIRE THE DEBT
OBLIGATIONS OF SUCH CORPORATION (OR SUCH OTHER DOMESTIC
CORPORATION),". //87 STAT. 20., 87 STAT. 21., 68A STAT. 369., 78
STAT. 824.//
(4) PERCENTAGE OF STOCK OWNED BY PARENT CORPORATION OF QLFC. --
SECTION 4920 (D) (2) (B) IS AMENDED BY STRIKING OUT "BY ONE OR MORE
MEMBERS OF A CONTROLLED GROUP (AS DEFINED IN SECTION 48 (C) (3) (C)) OF
WHICH SUCH CORPORATION IS A MEMBER (OR BY A CORPORATION WHICH WOULD BE
SUCH A MEMBER IF IT WERE A DOMESTIC CORPORATION)" AND INSERTING "BY A
CORPORATION OWNING DIRECTLY OR INDIRECTLY (WITHIN THE MEANING OF SECTION
4915 (A) (1)) 10 PERCENT OR MORE OF THE TOTAL COMBINED VOTING POWER OF
ALL CLASSES OF STOCK OF SUCH CORPORATION". //85 STAT 18., 26 U.S.C.
4920., 78 STAT. 824.//
(5) SOURCE OF FUNDS FOR QLFC'S. -- SECTION 4920 (D) (2) IS AMENDED BY
--
(A) STRIKING "OR" AT THE END OF SUBPARAGRAPH (C),
(B) STRIKING THE SEMICOLON AT THE END OF SUBPARAGRAPH (D) AND
INSERTING IN LIEU THEREOF A COMMA AND "OR", AND
(C) ADDING AT THE END THEREOF THE FOLLOWING NEW SUBPARAGRAPH:
(E) THE PROCEEDS OF THE SALE OF DEBT OBLIGATIONS (BY A DOMESTIC
CORPORATION WHICH HAS MADE AN ELECTION UNDER SECTION 4912 (C) WITH
RESPECT TO SUCH DEBT OBLIGATIONS) TO A PERSON OTHER THAN A PERSON
DESCRIBED IN CLAUSE (I), (II), OR (III) OF SUBPARAGRAPH (A) IF THE
PROCEEDS ARE TRANSFERRED DIRECTLY FROM THE LENDER TO SUCH
CORPORATION;". //85 STAT. 14.//
(6) EQUITY INVESTEMNTS OF QLFC'S. -- SECTION 4920 (D) (C) IS AMENDED
TO READ AS FOLLOWS:
"(3) WHICH DOES NOT ACQUIRE OR OWN ANY STOCK OF FOREIGN ISSUERS OR OF
DOMESTIC CORPORATIONS OR DOMESTIC PARTNERSHIPS OTHER THAN --
"(A) STOCK OF ONE OR MORE MEMBERS OF A CONTROLLED GROUP (AS
DEFINED IN SECTION 48 (C) (3) (C)) OF WHICH SUCH CORPORATION IS A
MEMBER (OR OF A CORPORATION WHICH WOULD BE A MEMBER IF IT WERE A
DOMESTIC CORPORATION) ACQUIRED AS PAYMENT FOR STOCK, OR AS A
CONTRIBUTION TO CAPITAL, OF SUCH CORPORATION, //83 STAT. 603.//
"(B) (I) STOCK OF A CORPORATION DESCRIBED IN SECTION 4915 (E)
(2) (C) OR SECTION 4920 (A) (3B), IF 10 PERCENT OR MORE OF THE
TOTAL COMBINED VOTING POWER OF ALL CLASSES OF SUCH STOCK IS OWNED
(DIRECTLY OR INDIRECTLY) BY THE ACQUIRING CORPORATION, OR //85
STAT. 17, 18.//
"(II) STOCK OF A PARTNERSHIP WHICH MEETS THE REQUIREMENTS OF
SECTION 4920 (D) (1) AND (2) UNDER REGULATIONS PROMULGATED BY THE
SECRETARY OR HIS DELEGATE, IF IMMEDIATELY FOLLOWING THE
ACQUISITION SUCH CORPORATION OWNS (DIRECTLY OR INDIRECTLY) 10
PERCENT OR MORE OF THE PROFITS INTEREST IN SUCH PARTNERSHIP, //87
STAT. 21//
"(C) STOCK ACQUIRED BY SUCH CORPORATION THROUGH FORECLOSURE,
WHERE SUCH STOCK WAS HELD BY SUCH CORPORATION AS SECURITY FOR
LOANS OR LEASES DESCRIBED IN PARAGRAPH (1) IF SUCH STOCK IS
DISPOSED OF WITHIN A 90-DAY PERIOD BEGINNING ON THE DAY AFTER THE
DATE OF SUCH FORECLOSURE (INCLUDING ANY ADDITIONAL 90-DAY PERIODS
REASONABLY NECESSARY TO DISPOSE OF SUCH STOCK THAT THE SECRETARY
OR HIS DELEGATE MAY ALLOW), OR //87 STAT. 22//
"(D) STOCK OF A FOREIGN CORPORATION ACQUIRED IN CONNECTION WITH
AND INCIDENTAL TO AN ACQUISITION OF A DEBT OBLIGATION IN A
TRANSACTION DESCRIBED IN PARAGRAPH (1) IF (I) AT THE TIME OF THE
ACQUISITION OF THE DEBT OBLIGATION THE VALUE OF SUCH STOCK DOES
NOT EXCEED 10 PERCENT OF THE VALUE OF THE DEBT OBLIGATION, AND
(II) THE TERMS OF THE DEBT OBLIGATION ARE NOT UNREASONABLE IN
LIGHT OF CREDIT PRACTICES IN THE BUSINESS IN WHICH THE CORPORATION
ACQUIRING SUCH DEBT OBLIGATION IS ENGAGED; AND".
(7) STOCK DIVIDENDS BY CERTAIN MUTUAL FUNDS. -- SECTION 4920 (E)
(RELATING TO CERTAIN MUTUAL FUNDS) IS AMENDED BY INSERTING BEFORE THE
PERIOD ", EXCEPT STOCK ISSUED AS A CAPITAL GAIN DIVIDEND, AS DEFINED IN
SECTION 852 (B) (3) (C)". //85 STAT. 21., 26 USC 4920., 68A STAT. 271;
83 STAT. 637.//
SEC. 4. REPORT BY SECRETARY OF TREASURY.
THE SECRETARY OF THE TREASURY SHALL STUDY THE EFFECT ON INTERNATIONAL
MONETARY STABILITY OF THE EXEMPTION GRANTED UNDER THE AUTHORITY OF
SECTION 4917 OF THE INTERNAL REVENUE CODE OF 1954 (RELATING TO EXCLUSION
FOR ORIGINAL OR NEW ISSUES WHERE REQUIRED FOR INTERNATIONAL MENETARY
STABILITY) FROM THE TAX IMPOSED BY CHAPTER 41 OF SUCH CODE (RELATING TO
INTEREST EQUALIZATION TAX) OF NEW ISSUES OF CANADIAN STOCK OR DEBT
OBLIGATIONS. THE SECRETARY SHALL REPORT TO THE CONGRESS, NOT LATER THAN
SEPTEMBER 30, 1973, THE RESULTS OF SUCH STUDY AND HIS CONCLUSIONS AS TO
WHETHER THE TERMINATION OS SUCH EXEMPTION WILL HAVE SUCH CONSEQUENCES
FOR CANADA AS TO IMPERIL OR THREATEN TO IMPERIL THE STABILITY OF THE
INTERNATIONAL MONETARY SYSTEM, TOGETHER WITH ANY RECOMMENDATIONS,
INCLUDING RECOMMENDATIONS FOR LEGISLATION, HE MAY HAVE. //78 STAT.
830., 26 U.S.C. 4911.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 7 (COMM. ON WAYS AND MEANS) AND
NO. 93 - 95 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 84 (COMM. ON FINANCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 27, CONSIDERED AND PASSED HOUSE. MAR. 27, CONSIDERED AND
PASSED SENATE, AMENDED. MAR. 29, SENATE AGREED TO CONFERENCE
REPORT. APR. 4, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-16, 87 STAT. 11
TO EXTEND THE CLEAN AIR ACT, AS AMENDED, FOR ONE YEAR.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SUBSECTION (C)
OF SECTION 104 OF THE CLEAN AIR ACT, AS AMENDED (84 STAT. 1709), IS
AMENDED BY STRIKING "AND $150,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1973." AND INSERTING IN LIEU THEREOF ", $150,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1973, AND $150,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1974.". //42 U.S.C. 1857B - 1//
(B) SUBSECTION (I) OF SECTION 212 OF THE CLEAN AIR ACT, AS AMENDED
(84 STAT. 1703), IS AMENDED BY STRIKING (TWO SUCCEEDING FISCAL YEARS."
AND INSERTING IN LIEU THEREOF "THREE SUCCEEDING FISCAL YEARS.". //42
U.S.C. 1857F - 6E.//
(C) SECTION 316 OF THE CLEAN AIR ACT, AS AMENDED (84 STAT. 1709), IS
AMENDED BY STRIKING "AND $300,000,000 FOR THE FISCAL YEAR ENDING JUNE
30, 1973." AND INSERTING IN LIEU THEREOF ", $300,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1973, AND $300,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1974.". //42 U.S.C. 18571.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 77 (COMM. ON INTERSTATE AND FOREIGN
COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 22, CONSIDERED AND PASSED HOUSE. MAR. 27, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-15, 87 STAT. 11
TO EXTEND THE SOLID WASTE DISPOSAL ACT, AS AMENDED, FOR ONE
YEAR.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICAN IN CONGRESS ASSEMBLED, THAT (A) PARAGRAPH (2)
OF SUBSECTION (A) OF SECTION 216 OF THE SOLID WASTE DISPOSAL ACT, AS
AMENDED (84 STAT. 1234), IS AMENDED TO READ AS FOLLOWS: /42 U.S.C.
3259.//
"(2) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT THE PROVISIONS OF THIS
ACT, OTHER THAN SECTION 208, NOT TO EXCEED $72,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1972, NOT TO EXCEED $76,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1973, AND NOT TO EXCEED $76,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1974." //42 U.S.C. 3254B.//
(B) PARAGRAPH (3) OF SUBSECTION (A) OF SECTION 216 OF THE SOLID WASTE
DISPOSAL ACT, AS AMENDED (84 STAT. 1234), IS AMENDED TO READ AS FOLLOWS:
"(3) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT SECTION 208 OF THIS ACT
NOT TO EXCEED $80,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1972, NOT
TO EXCEED $140,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1973, AND NOT
TO EXCEED $140,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974.".
(C) SUBSECTION (B) OF SECTION 216 OF THE SOLID WASTE DISPOSAL ACT, AS
AMENDED (84 STAT. 1234), IS AMENDED BY STRIKING "AND NOT TO EXCEED
$22,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1973." AND INSERTING IN
LIEU THEREOF ", NOT TO EXCEED $22,500,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1973, AND NOT TO EXCEED $22,500,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1974.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 78 (COMM. ON INTERSTATE AND FOREIGN
COMMERCE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 21, CONSIDERED AND PASSED HOUSE. MAR. 27, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-14, 87 STAT. 9
SEC. 1. SECTION 6 OF THE NATIONAL SCHOOL LUNCH ACT IS AMENDED BY BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTIONS AND BY
REDESIGNATING THE EXISTING PORTIONS OF SAID SECTION AS SUBSECTION (A):
//60 STAT. 231; 84 STAT. 209.; 42 U.S.C. 1755.//
"(B) AS OF MARCH 15, 1973, THE SECRETARY SHALL MAKE AN ESTIMATE OF
THE VALUE OF AGRICULTURAL COMMODITIES AND OTHER FOODS THAT WILL BE
DELIVERED DURING THE FISCAL YEAR ENDING JUNE 30, 1973, TO STATES FOR
SCHOOL FOOD SERVICE PROGRAMS UNDER THE PROVISIONS OF THIS SECTION,
SECTION 416 OF THE AGRICULTURAL ACT OF 1949, AND SECTION 32 OF THE ACT
OF AUGUST 24, 1935. //68 STAT. 458. 7 U.S.C. 1431. 49 STAT. 774. 7 U.
S.C. 612.// IF SUCH ESTIMATED DELIVERIES INITIALLY PROGRAMED FOR THE
FISCAL YEAR ENDING JUNE 30, 1973, THE SECRETARY SHALL PAY TO STATE
EDUCATIONAL AGENCIES, BY NOT LATER THAN APRIL 15, 1973, AN AMOUNT OF
FUNDS THAT IS EQUAL TO THE DIFFERENCE BETWEEN THE VALUE OF SUCH
DELIVERIES INITIALLY PROGRAMED FOR SUCH FISCAL YEAR AND THE ESTIMATED
VALUE AS OF MARCH 15, 1973, OF THE COMMODITIES AND OTHER FOODS TO BE
DELIVERED IN SUCH FISCAL YEAR. THE SHARE OF SUCH FUNDS TO BE PAID TO
EACH STATE EDUCATIONAL AGENCY SHALL BEAR THE SAME RATIO TO THE TOTAL OF
SUCH PAYMENT TO ALL SUCH AGENCIES AS THE NUMBER OF MEALS SERVED UNDER
THE PROVISIONS OF SECTION 9 (A) OF THIS ACT AND SECTION 4 (E) OF THE
CHILD NUTRITION ACT OF 1966 DURING THE FISCAL YEAR ENDING JUNE 30, 1972,
BEARS TO THE TOTAL OF ALL SUCH MEALS SERVED IN ALL THE STATES DURING
SUCH FISCAL YEAR: /60 STAT. 233; 86 STAT. 726. 42 U.S.C. 1758. 86
STAT. 725. 42 U.S.C. 1773.// PROVIDED, THAT IN ANY STATE IN WHICH THE
SECRETARY DIRECTLY ADMINISTERS SCHOOL FOOD SERVICE PROGRAMS IN THE
NONPROFIT PRIVATE SCHOOLS OF SUCH STATE, THE SECRETARY SHALL WITHHOLD
FROM THE FUNDS TO BE PAID TO ANY SUCH STATE UNDER THE PROVISIONS OF THIS
SUBSECTION AN AMOUNT THAT BEARS THE SAME RATIO TO THE TOTAL OF SUCH
PAYMENT AS THE NUMBER OF MEALS SERVED IN NONPROFIT PRIVATE SCHOOLS UNDER
THE PROVISIONS OF SECTION 9 (A) OF THIS ACT AND SECTION 4 (E) OF THE
CHILD NUTRITION ACT OF 1966 DURING THE FISCAL YEAR ENDING JUNE 30, 1972,
BEARS TO THE TOTAL OF SUCH MEALS SERVED IN ALL THE SCHOOLS IN SUCH STATE
IN SUCH FISCAL YEAR. EACH STATE EDUCATIONAL AGENCY, AND THE SECRETARY
IN THE CASE OF NONPROFIT PRIVATE SCHOOLS IN WHICH HE DIRECTLY
ADMINISTERS SCHOOL FOOD SERVICE PROGRAMS, SHALL PROMPTLY AND EQUITABLY
DISBURSE SUCH FUNDS TO SCHOOLS PARTICIPATING IN THE LUNCH AND BREAKFAST
PROGRAMS UNDER THIS ACT AND THE CHILD NUTRITION ACT OF 1966 AND SUCH
DISBURSEMENTS SHALL BE USED BY SUCH SCHOOLS TO OBTAIN AGRICULTURAL
COMMODITIES AND OTHER FOODS FOR THEIR FOOD SERVICE PROGRAM. //80 STAT.
885. 42 U.S.C. 1771 NOTE.// SUCH FOOD SHALL BE LIMITED TO THE
REQUIREMENTS FOR LUNCHES AND BREAKFASTS FOR CHILDREN AS PROVIDED FOR IN
THE REGULATIONS BY THE DEPARTMENT OF AGRICULTURE UNDER TITLE 7, SUBTITLE
B, CHAPTER 11, SUBCHAPTER A, PARTS 210 AND 220.
"(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SECRETARY UNTIL
SUCH TIME AS A SUPPLEMENTAL APPROPRIATION MAY PROVIDE ADDITIONAL FUNDS
FOR THE PURPOSE OF SUBSECTION (B) OF THIS SECTION, SHALL USE FUNDS
APPROPRIATED BY SECTION 32 OF THE ACT OF AUGUST 24, 1935 (7 U.S.C. 612
C) TO MAKE ANY PAYMENTS TO STATES AUTHORIZED UNDER SUCH SUBSECTION.
//49 STAT. 774.// ANY SECTION 32 FUNDS UTILIZED TO MAKE SUCH PAYMENTS
SHALL BE REIMBURSED OUT OF ANY SUPPLEMENTAL APPROPRIATION HEREAFTER
ENACTED FOR THE PURPOSE OF CARRYING OUT SUBSECTION (B) OF THIS SECTION
AND SUCH REIMBURSEMENT SHALL BE DEPOSITED INTO THE FUND ESTABLISHED
PURSUANT TO SECTION 32 OF THE ACT OF AUGUST 24, 1935, TO BE AVAILABLE
FOR THE PRUPOSES OF SAID SECTION 32. //87 STAT. 10.//
"(D) ANY FUNDS MADE AVAILABLE UNDER SUBSECTION (B) OR (C) OF THIS
SECTION SHALL NOT BE SUBJECT TO THE STATE MATCHING PROVISIONS OF SECTION
7 OF THIS ACT." //87 STAT. 11; 42 U.S.C. 1756.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 36 (COMM. ON EDUCATION AND LABOR) AND
NO. 93 - 76 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 59 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 5, CONSIDERED AND PASSED HOUSE. MAR. 14, CONSIDERED AND
PASSED SENATE, AMENDED; SENATE
AGREED TO CONFERENCE REPORT. MAR. 15, HOUSE AGREED TO
CONFERENCE REPORT.
PUBLIC LAW 93-13, 87 STAT. 9
TO AMMEND THE NATIONAL SCHOOL LUNCH ACT TO ASSURE THAT FEDERAL
FINANCIAL ASSISTANCE TO THE CHILD NUTRITION PROGRAMS IS MAINTAINED
AT THE LEVEL BUDGETED FOR FISCAL YEAR ENDING JUNE 30, 1973.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. THE CONGRESS FINDS THAT THE VOLUME AND VARIETY OF FEDERAL
FOOD DONATIONS TO THE SCHOOL LUNCH AND CHILD NUTRITION PROGRAMS ARE
SIGNIFICANTLY BELOW THE AMOUNTS PROGRAMED AND BUDGETED FOR THE FISCAL
YEAR ENDING JUNE 39, 1973, AND THAT SCHOOLS PARTICIPATING IN THESE
PROGRAMS ARE CONFRONTED WITH SERIOUS FINANCIAL PROBLEMS IN OBTAINING
SUFFICIENT SUPPLIES OF THE FOODS REQUIRED TO MEET THE NUTRITIONAL
STANDARDS ESTABLISHED BY LAW FOR THESE PROGRAMS. //87 STAT. 10// IT IS,
THEREFORE, THE PURPOSE OF THIS ACT TO PROVIDE AN
PUBLIC LAW 93-12, 87 STAT. 9
TO PROMOTE THE SEPARATION OF CONSTITUTIONAL POWERS BY
SUSPENDING THE EFFECTIVENESS OF THE RULES OF EVIDENCE FOR UNITED
STATES COURTS AND MAGISTRATES, THE AMENDMENTS TO THE FEDERAL RULES
OF CIVIL PROCEDURE, AND THE AMENDMENTS TO THE FEDERAL RULES OF
CRIMINAL PROCEDURE TRANSMITTED TO THE CONGRESS BY THE CHIEF
JUSTICE ON FEBRUARY 5, 1973, UNTIL APPROVED BY ACT OF CONGRESS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICAN IN CONGRESS ASSEMBLED, THAT NOTWITHSTANDING
ANY OTHER PROVISIONS OF LAW, THE RULES OF EVIDENCE FOR UNITED STATES
COURTS AND MAGISTRATES, THE AMENDMENTS TO THE FEDERAL RULES OF CIVIL
PROCEDURE, AND THE AMENDMENTS TO THE FEDERAL RULES OF CRIMINAL
PROCEDURE, WHICH ARE EMBRACED BY THE ORDERS ENTERED BY THE SUPREME COURT
OF THE UNITED STATES ON MONDAY, NOVEMBER 20, 1972, AND MONDAY, DECEMBER
18, 1972, SHALL HAVE NO FORCE OR EFFECT EXCEPT TO THE EXTEND, AND WITH
SUCH AMENDMENTS, AS THEY MAY BE EXPRESSLY APPROVED BY ACT OF CONGRESS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 52 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 14 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 7, CONSIDERED AND PASSED SENATE MAR. 14, CONSIDERED AND
PASSED HOUSE, AMENDED. MAR. 19, SENATE CONCURRED IN HOUSE
AMENDMENT.
PUBLIC LAW 93-11, 87 STAT. 9
TO AMEND THE JOINT RESOLUTION ESTABLISHING THE AMERICAN
REVOLUTION BICENTENNIAL COMMISSION, AS AMENDED.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICAN IN CONGRESS ASSEMBLED, THAT SECTION 7 (A) OF
THE JOINT RESOLUTION TO ESTABLISH THE AMERICAN REVOLUTION BICENTENNIAL
COMMISSION, AND FOR OTHER PURPOSES, APPROVED JULY 4, 1966 (80 STAT.
261), AS AMENDED, IS FURTHER AMENDED BY STRIKING "UNTIL FEBRUARY 15,
1973" AND INSERTING IN LIEU THEREOF "BETWEEN FEBRUARY 16, 1973, AND JUNE
30, 1973". //86 STAT. 1070.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 50 (COMM. ON THE JUDICIARY).
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 20, CONSIDERED AND PASSED HOUSE. MAR. 1, CONSIDERED AND
PASSED SENATE.
PUBLIC LAW 93-10, 88 STAT 8.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PRESIDENT IS
AUTHORIZED AND REQUESTED TO ISSUE A PROCLAMATION DESIGNATING THE SECOND
FULL CALENDAR WEEK IN MARCH OF 1973 AS "NATIONAL EMPLOY THE OLDER WORKER
WEEK", AND CALLING UPON EMPLOYER AND EMPLOYEE ORGANIZATIONS, OTHER
ORGANIZATIONS OFFICIALLY CONCERNED WITH EMPLOYMENT, AND UPON ALL THE
PEOPLE OF THE UNITED STATES TO OBSERVE SUCH WEEK WITH APPROPRIATE
CEREMONIES, ACTIVITIES, AND PROGRAMS DESIGNED TO DECREASE EMPLOYMENT
DISCRIMINATION IN EMPLOYMENT BECAUSE OF AGE.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 119 (1973):
MAR. 12, CONSIDERED AND PASSED HOUSE AND SENATE.
PUBLIC LAW 93-9, 87 STAT. 7
MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR
1973, AND FOR OTHER PURPOSES.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT CLAUSE (C) OF SECTION 102
AND THAT SECTION 108 OF THE JOINT RESOLUTION OF JULY 1, 1972 (PUBLIC LAW
92 - 334), AS AMENDED, ARE HEREBY AMENDED BY STRIKING OUT "FEBRUARY 28,
1973" AND INSERTING IN LIEU THEREOF "JUNE 30, 1973" IN BOTH INSTANCES.
//86 STAT. 402, 1204.//
SEC. 2. THE JOINT RESOLUTION OF JULY 1, 1972 (PUBLIC LAW 92 - 334),
AS AMENDED, IS FURTHER AMENDED BY ADDING THE FOLLOWING NEW SECTIONS:
"SEC. 110. NOTWITHSTANDING ANY OTHER PROVISION OF THIS JOINT
RESOLUTION, OBLIGATIONS MAY BE INCREASED FOR THE AMERICAN REVOLUTION
BICENTENNIAL COMMISSION AT NOT TO EXCEED THE ANNUAL RATE OF $6,224,000
DURING THE PERIOD BEGINNING FEBRUARY 16, 1973, AND ENDING JUNE 30, 1973.
"SEC. 111. SECTION 102 OF PUBLIC LAW 92 - 351 (86 STAT. 474) (JULY
13, 1972) IS HEREBY REPEALED."
SEC. 3. SECTION 203 OF THE BUDGET AND ACCOUNTING PROCEDURES ACT OF
1950 (AS ADDED BY SECTION 402 OF THE FEDERAL IMPOUNDMENT AND INFORMATION
ACT) IS AMENDED TO READ AS FOLLOWS: //86 STAT. 1325; 31 U.S.C. 581C -
1.//
"SEC. 203. (A) ON OR BEFORE THE DATES SET FORTH IN SUBSECTION (C),
THE PRESIDENT SHALL TRANSMIT TO THE CONGRESS A REPORT ON FUNDS IMPOUNDED
DURING THE PERIODS SPECIFIED IN SUCH SUBSECTION CONTAINING THE FOLLOWING
INFORMATION WITH RESPECT TO EACH IMPOUNDMENT: //87 STAT. 8//
"(1) THE AMOUNT OF THE FUNDS IMPOUNDED;
"(2) THE DATE ON WHICH THE FUNDS WERE ORDERED TO BE IMPOUNDED;
"(3) THE DATE THE FUNDS WERE IMPOUNDED;
"(4) ANY DEPARTMENT OR ESTABLISHMENT OF THE GOVERNMENT TO WHICH
SUCH IMPOUNDED FUNDS WOULD HAVE BEEN AVAILABLE FOR OBLIGATION
EXCEPT FOR SUCH IMPOUNDMENT;
"(5) THE PERIOD OF TIME DURING WHICH THE FUNDS ARE TO BE
IMPOUNDED;
"(6) THE REASONS FOR THE IMPOUNDMENT; AND
"(7) TO THE MAXIMUM EXTEND PRACTICABLE, THE ESTIMATED FISCAL,
ECONOMIC, AND BUDGETARY EFFECT OF THE IMPOUNDMENT.
"(B) THE REPORTS TRANSMITTED PURSUANT TO SUBSECTION (A) FOR THE
SECOND, THIRD, AND FOURTH PERIODS OF A FISCAL YEAR SHALL ALSO CONTAIN
THE FOLLOWING INFORMATION:
"(1) ANY REVISIONS IN THE INFORMATION TRANSMITTED WITH RESPECT
TO ANY IMPOUNDMENT FOR ANY PRIOR PERIOD OF THE FISCAL YEAR, AND
"(2) A CUMULATIVE STATEMENT, BY PROGRAM, ACTIVITY, OR PROJECT
AND BY THE DEPARTMENT OR ESTABLISHMENT OF THE GOVERNMENT, OF
IMPOUNDMENTS SINCE THE BEGINNING OF THE FISCAL YEAR, INCLUDING
IMPOUNDMENTS DURING THE PERIOD FOR WHICH THE REPORT IS
TRANSMITTED.
"(C) THE FIRST REPORT FOR ANY FISCAL YEAR SHALL BE TRANSMITTED ON OR
BEFORE OCTOBER 15 OF SUCH YEAR AND SHALL COVER THE PERIOD THROUGH
SEPTEMBER 30 OF SUCH YEAR. THE SECOND AND THIRD REPORTS FOR ANY FISCAL
YEAR SHALL BE SUBMITTED ON OR BEFORE THE FIFTEENTH AND NINETIETH DAYS,
RESPECTIVELY, AFTER THE SUBMISSION OF THE BUDGET FOR SUCH FISCAL YEAR
AND SHALL COVER THE PERIODS THROUGH THE DATE OF THE SUBMISSION OF THE
BUDGET AND SEVENTY-FIVE DAYS AFTER SUCH DATE, RESPECTIVELY. THE FOURTH
REPORT FOR ANY FISCAL YEAR SHALL BE SUBMITTED ON OR BEFORE JULY 15
FOLLOWING THE CLOSE OF SUCH FISCAL YEAR AND SHALL COVER THE REMAINDER OF
THE FISCAL YEAR. IF ON THE DAY OF TRANSMITTAL OF ANY REPORT PURSUANT TO
SUBSECTION (A), THE SENATE OR THE HOUSE OF REPRESENTATIVES, OR BOTH, ARE
NOT IN SESSION, THE SECRETARY OF THE SENATE OR THE CLERK OF THE HOUSE OF
REPRESENTATIVES IS AUTHORIZED TO RECEIVE SUCH REPORT FOR THE SENATE OR
THE HOUSE OF REPRESENTATIVES, AS THE CASE MAY BE.
"(D) THE PRESIDENT SHALL TRANSMIT TO THE COMPTROLLER GENERAL OF THE
UNITED STATES A COPY OF EACH REPORT TRANSMITTED PURSUANT TO SUBSECTION
(A) ON THE SAME DAY ON WHICH SUCH REPORT IS TRANSMITTED TO THE CONGRESS.
"(E) EACH REPORT TRANSMITTED PURSUANT TO SUBSECTION (A) SHALL BE
PRINTED IN THE FIRST ISSUE OF THE FEDERAL REGISTER PUBLISHED AFTER THE
DATE ON WHICH SUCH REPORT IS TRANSMITTED."
SEC. 4. THIS JOINT RESOLUTION SHALL BE EFFECTIVE MARCH 1, 1973.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 20 (COMM. ON APPROPRIATIONS) AND
NO. 93 - 33 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 44 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 21, CONSIDERED AND PASSED HOUSE. FEB. 26, CONSIDERED AND
PASSED SENATE, AMENDED. FEB. 28, HOUSE AND SENATE AGREED TO
CONFERENCE REPORT.
PUBLIC LAW 93-8, 87 STAT. 7
TO DESIGNATE THE MANNED SPACECRAFT CENTER IN HOUSTON, TEXAS, AS
THE "LYNDON B. JOHNSON SPACE CENTER" IN HONOR OF THE LATE
PRESIDENT.
WHEREAS PRESIDENT LYNDON B. JOHNSON WAS ONE OF THE FIRST OF OUR
NATIONAL LEADERS TO RECOGNIZE THE LONG-RANGE BENEFITS OF AN
INTENSIVE SPACE EXPLORATION EFFORT; AND
WHEREAS PRESIDENT JOHNSON, AS SENATE MAJORITY LEADER,
ESTABLISHED AND SERVED AS CHAIRMAN OF THE SPECIAL COMMITTEE ON
SPACE AND ASTRONAUTICS WHICH GAVE THE INITIAL DIRECTION TO THE
UNITED STATES SPACE EFFORT; AND
WHEREAS PRESIDENT JOHNSON, AS VICE PRESIDENT OF THE UNITED
STATES, SERVED AS CHAIRMAN OF THE NATIONAL AERONATUICS AND SPACE
COUNCIL WHICH RECOMMENDED THE GOALS FOR THE MANNED SPACE PROGRAM;
AND
WHEREAS PRESIDENT JOHNSON FOR FIVE YEARS, AS PRESIDENT OF THE
UNITED STATES, BORE ULTIMATE RESPONSIBILITY FOR THE DEVELOPMENT OF
THE GEMINI AND APOLLO PROGRAMS WHICH RESULTED IN MAN'S FIRST
LANDING ON THE MOON: NOW, THEREFORE, BE IT
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE MANNED SPACECRAFT
CENTER, LOCATED IN HOUSTON, TEXAS, IS HEREBY DESIGNATED AS THE "LYNDON
B. JOHNSON SPACE CENTER", AND ANY REFERENCE TO SUCH CENTER IN ANY LAW,
REGULATION, DOCUMENT, RECORD, MAP OR OTHER PAPER OF THE UNITED STATES
SHALL BE DEEMED A REFERENCE TO SUCH CENTER AS THE "LYNDON B. JOHNSON
SPACE CENTER".
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 15 (COMM. ON AERONAUTICAL AND SPACE
SCIENCES.)
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 6, CONSIDERED AND PASSED SENATE. FEB. 7, CONSIDERED AND
PASSED HOUSE.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 9, NO. 8:
FEB. 19, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-7, 87 STAT. 6
RELATING TO THE DATE FOR THE SUBMISSION OF THE REPORT OF THE
JOINT ECONOMIC COMMITTEE ON THE PRESIDENT'S ECONOMIC REPORT.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT PUBLIC LAW 1, NINETY-THIRD
CONGRESS, IS AMENDED BY STRIKING OUT "MARCH 10, 1973" AND INSERTING IN
LIEU THEREOF "APRIL 1, 1973". //ANTE, P. 3.//
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 6, CONSIDERED AND PASSED HOUSE FEB. 7, CONSIDERED AND PASSED
SENATE.
PUBLIC LAW 93-6, 87 STAT. 6
TO EXTEND THE LIFE OF THE COMMISSION ON HIGHWAY BEAUTIFICATION
ESTABLISHED UNDER SECTION 123 OF THE FEDERAL-AID HIGHWAY ACT OF
1970.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SUBSECTION (I) OF
SECTION 123 OF THE FEDERAL-AID HIGHWAY ACT OF 1970 (84 STAT. 1727 - 28)
IS AMENDED BY STRIKING OUT THE FIRST SENTENCE AND INSERTING THE
FOLLOWING IN LIEU THEREOF: // 23 U.S.C. 131 NOTE.
"(I) THE COMMISSION SHALL NOT LATER THAN DECEMBER 31, 1973, SUBMIT TO
THE PRESIDENT AND THE CONGRESS ITS FINAL REPORT."
(B) SUBSECTION (N) OF SECTION 123 OF THE FEDERAL-AID HIGHWAY ACT OF
1970 (84 STAT. 1727 - 28) IS AMENDED TO READ AS FOLLOWS:
"(N) THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED SUCH SUMS, BUT
NOT MORE THAN $450,000, AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS
OF THIS SECTION AND SUCH MONEYS AS MAY BE APPROPRIATED SHALL BE
AVAILABLE TO THE COMMISSION UNTIL EXPENDED."
LEGISLATIVE HISTORY:
HOUSE REPORT: NO. 93 - 4 ACCOMPANYING H. J. RES. 123 (COMM. ON
PUBLIC WORKS).
SENATE REPORT: NO. 93 - 8 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 1, CONSIDERED AND PASSED SENATE. FEB. 5, CONSIDERED AND
PASSED HOUSE, IN LIEU OF H. J. RES. 123.
PUBLIC LAW 93-5, 87 STAT. 5
TO EXTEND THE PROVISIONS OF THE RAILWAY LABOR ACT AND FOR
OTHER PURPOSES.
WHEREAS A LABOR DISPUTE EXISTS BETWEEN THE PENN CENTRAL
TRANSPORTATION COMPANY AND CERTAIN OF ITS EMPLOYEES REPRESENTED BY
THE UNITED TRANSPORTATION UNION, ARISING OUT OF THE PENN CENTRAL
TRANSPORTATION COMPANY'S IMPLEMENTATION OF A PLAN TO ELIMINATE
APPROXIMATELY FIVE THOUSAND SEVEN HUNDRED TRAIN CREW POSITIONS;
AND
WHEREAS THE RECOMMENDATIONS OF PRESIDENTIAL EMERGENCY
BOARD NUMBER 180 DID NOT RESULT IN A SETTLEMENT OF THIS DISPUTE,
AND ALL PROCEDURES FOR RESOLVING SUCH DISPUTE PROVIDED FOR IN THE
RAILWAY LABOR ACT HAVE BEEN EXHAUSTED; AND
WHEREAS SUCH DISPUTE HAS NOW RESULTED IN A CESSATION OF THE
PENN CENTRAL TRANSPORTATION COMPANY'S RAIL CARRIER OPERATIONS;
AND
WHEREAS SUCH CESSATION OF OPERATIONS BY THE PENN CENTRAL
TRANSPORTATION COMPANY, A RAIL CARRIER WHICH TRANSPORTS TWO
HUNDRED AND TWENTY FIVE THOUSAND PASSENGERS A DAY AND 20 PER
CENTUM OF THE NATION'S FREIGHT, AND WHICH PROVIDES MANY NECESSARY
CONNECTIONS WITH NUMEROUS OTHER RAIL CARRIERS OPERATING THROUGHOUT
THE NATION, THREATENS ESSENTIAL TRANSPORTATION SERVICES VITAL TO
THE NATIONAL HEALTH AND SAFETY; AND
WHEREAS THE PENN CENTRAL TRANSPORTATION COMPANY IS NOW
UNDERGOING REORGANIZATION PROCEEDINGS UNDER SECTION 77 OF THE
FEDERAL BANKRUPTCY ACT, AND ITS COURT-APPOINTED TRUSTEES HAVE
INDICATED THAT PRESENT REORGANIZATION PROCEEDINGS WILL NOT BE
SUCCESSFUL, EVEN WITH THE EVENTUAL ELIMINATION OF FIVE THOUSAND
SEVEN HUNDRED TRAIN CREW POSITIONS, ALONE, AND THAT A MASSIVE
INFUSION OF FEDERAL FINANCIAL ASSISTANCE WOULD BE NEEDED; AND
WHEREAS THE FINANCIAL CRISIS OF THE PENN CENTRAL TRANSPORTATION
COMPNAY IS SO ACUTE THAT CESSATION OF ITS OPERATIONS FOR EVEN A
SHORT PERIOD OF TIME MAY MAKE IT FINANCIALLY IMPOSSIBLE TO RESUME
OPERATIONS; AND
WHEREAS FAILURE OF THE PENN CENTRAL TRANSPORTATION COMPANY TO
RESUME OPERATIONS, IN ADDITION TO THE PREVIOUSLY STATED IMPACT ON
VITAL TRANSPORTATION SERVICES THROUGHOUT THE NATION, WILL FURTHER
THREATEN THE CONTINUED OPERATION OF OTHER FINANCIALLY-IMPERILED
RAIL CARRIERS IN THE NORTHEAST SECTION OF THE NATION; AND
WHEREAS THE PRESIDENT HAS NOT PROVIDED THE CONGRESS WITH ANY
PROPOSALS FOR PRESERVING ESSENTIAL RAIL SERVICES IN THE NORTHEAST
SECTION OF THE NATION, INCLUDING THOSE SERVICES WHICH WOULD BE
JEOPARDIZED BY FINANCIAL COLLAPSE OF THE PENN CENTRAL COMPANY;
AND
WHEREAS THE CONGRESS FINDS THAT EMERGENCY MEASURES ARE
NECESSARY TO ASSURE THE CONTINUITY OF ESSENTIAL RAIL
TRANSPORTATION SERVICES: NOW, THEREFORE, IN ORDER TO ENCOURAGE
THE PARTIES TO THE DISPUTE TO REACH THEIR OWN AGREEMENT, AND TO
PROVIDE TIME FOR THE SUBMISSION TO TO CONGRESS OF A COMPREHENSIVE
PLAN FOR PRESERVING ESSENTIAL RAIL SERVICES IN THE NORTHEAST
SECTION OF THE NATION, BE IT
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PROVISIONS OF THE
FINAL PARAGRAPH OF SECTION 10 OF THE RAILWAY LABOR ACT (45 U.S.C. 160)
SHALL APPLY AND BE EXTENDED FOR AN ADDITIONAL PERIOD COMMENCING AT THE
EXPIRATION OF THE THIRTY-DAY PERIOD PROVIDED FOR IN THE THIRD PARAGRAPH
OF SECTION 10 OF THE RAILWAY LABOR ACT (45 U.S.C. 160) AND ENDING AT
12:01 ANTEMERIDIAN MAY 9, 1973, SO THAT DURING SUCH PERIOD NO CHANGE
EXCEPT BY AGREEMENT SHALL BE MADE BY THE PENN CENTRAL TRANSPORTATION
COMPANY OR ITS EMPLOYEES OR BY ORDER OF ANY COURT IN THE CONDITIONS OUT
OF WHICH SUCH DISPUTE AROSE.
SEC. 2. NOT LATER THAN FORTY-FIVE DAYS FROM THE ENACTMENT OF THIS
JOINT RESOLUTION THE SECRETARY OF TRANSPORTATION SHALL SUBMIT TO THE
CONGRESS A REPORT WHICH, REGARDLESS OF THE SETTLEMENT OF THE PARTICULAR
DISPUTE BETWEEN THE PENN CENTRAL TRANSPORTATION COMPANY AND ITS
EMPLOYEES REPRESENTED BY THE UNITED TRANSPORTATION UNION, PROVIDES A
FULL AND COMPREHENSIVE PLAN FOR THE PRESERVATION OF ESSENTIAL RAIL
TRANSPORTATION SERVICES IN THE NORTHEAST SECTION OF THE NATION,
INCLUDING THE PRESIDENT'S PROPOSALS, IF ANY, REGARDING FEDERAL FINANCIAL
EXPENDITURES NECESSARY FOR RESTORATION OR PRESERVATION OF RAIL
TRANSPORTATION SERVICES IMPERILED BY THE FINANCIAL FAILURE OF RAIL
CARRIERS, AND FOR ALTERNATIVE MEANS FOR PROVIDING ESSENTIAL
TRANSPORTATION SERVICES NOW PROVIDED BY SUCH CARRIERS.
SEC. 3. NOT LATER THAN THIRTY DAYS PRIOR TO THE EXPIRATION DATE
SPECIFIED IN THE FIRST SECTION OF THIS JOINT RESOLUTION, THE SECRETARY
OF LABOR SHALL SUBMIT TO THE CONGRESS A FULL AND COMPREHENSIVE REPORT
CONTAINING --
"(1) THE PROGRESS, IF ANY, OF NEGOTIATIONS BETWEEN THE PENN
CENTRAL TRANSPORTATION COMPANY AND ITS EMPLOYEES REPRESENTED BY
THE UNITED TRANSPORTATION UNION; AND
"(2) ANY SUCH RECOMMENDATIONS FOR A PROPOSED SOLUTION OF THE
DISPUTE DESCRIBED IN THIS JOINT RESOLUTION AS HE DEEMS
APPROPRIATE.
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 18 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 119 (1973):
FEB. 8, CONSIDERED AND PASSED SENATE AND HOUSE.
PUBLIC LAW 93-4, 87 STAT. 4
TO AMEND SECTION 1319 OF THE HOUSING AND URBAN DEVELOPMENT ACT
OF 1968 TO INCREASE THE LIMITATION ON THE FACE AMOUNT OF FLOOD
INSURANCE COVERAGE AUTHORIZED TO BE OUTSTANDING.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 1319 OF THE
HOUSING AND URBAN DEVELOPMENT ACT OF 1968 IS AMENDED BY STRIKING OUT
"$2,500,000,000" AND INSERTING IN LIEU THEREOF "$4,000,000,000". //82
STAT. 581; 42 U.S.C. 4026.//
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 3 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
JAN. 26, CONSIDERED AND PASSED SENATE. JAN. 30, CONSIDERED AND
PASSED HOUSE.
PUBLIC LAW 93-3, 87 STAT 4.
WHEREAS THE AMERICAN PEOPLE HAVE REASON TO REJOICE AT THE NEWS OF A
JUST AND HONORABLE END TO THE LONG AND TRYING WAR IN VIETNAM; AND
WHEREAS OUR DEEP AND ABIDING FAITH AS A PEOPLE REMINDS US THAT NO
GREAT WORK CAN BE ACCOMPLISHED WITHOUT THE AID AND INSPIRATION OF
ALMIGHTY GOD: NOW, THEREFOR, BE IT.
RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE PRESIDENT OF THE
UNITED STATES IS AUTHORIZED AND REQUESTED TO ISSUE A PROCLAMATION
DESIGNATING THE MOMENT OF 7:00 P.M., E.S.T., JANUARY 27, 1973 A NATIONAL
MOMENT OF PRAYER AND THANKSGIVING FOR THE PEACEFUL END TO THE VIETNAM
WAR, AND THE 24 HOURS BEGINNING AT THE SAME TIME AS A NATIONAL DAY OF
PRAYER AND THANKSGIVING.
THAT THE PRESIDENT AUTHORIZE THE FLYING OF THE AMERICAN FLAG AT THE
APPOINTED HOUR;
THAT ALL MEN AND WOMEN OF GOODWILL BE URGED TO JOIN IN PRAYER THAT
THIS SETTLEMENT MARKS NOT ONLY THE END OF THE WAR IN VIETNAM, BUT THE
BEGINNING OF A NEW ERA OF WORLD PEACE AND UNDERSTANDING; AND
THAT COPIES OF THIS RESOLUTION BE SENT TO THE GOVERNORS OF THE
SEVERAL STATES.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 119 (1973):
JAN. 26, CONSIDERED AND PASSED HOUSE AND SENATE.
PUBLIC LAW 93-2, 87 STAT 4
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED. THAT THE WEEK COMMENCING
JANUARY 28, 1973, IS DESIGNATED AS "INTERNATIONAL CLERGY WEEK IN THE
UNITED STATES". THE PRESIDENT IS AUTHORIZED AND DIRECTED TO ISSUE A
PROCLAMATION INVITING THE PEOPLE OF THE UNITED STATES TO OBSERVE THIS
WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 119 (1973):
JAN. 23, CONSIDERED AND PASSED HOUSE AND SENATE.
PUBLIC LAW 93-1, 87 STAT. 3
EXTENDING THE TIME WITHIN WHICH THE PRESIDENT MAY TRANSMIT THE
BUDGET MESSAGE AND THE ECONOMIC REPORT TO THE CONGRESS AND
EXTENDING THE TIME WITHIN WHICH THE JOINT ECONOMIC COMMITTEE SHALL
FILE ITS REPORT.
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) NOTWITHSTANDING THE
PROVISIONS OF SECTION 201 OF THE ACT OF JUNE 10, 1922, AS AMENDED (31
U.S.C. 11), THE PRESIDENT SHALL TRANSMIT TO THE CONGRESS NOT LATER THAN
JANAURY 29, 1973, THE BUDGET FOR THE FISCAL YEAR 1974; (B)
NOTWITHSTANDING THE PROVISIONS OF SECTION 3 OF THE ACT OF FEBRUARY 20,
1946, AS AMENDED (15. U.S.C. 1022), THE PRESIDENT SHALL TRANSMIT TO THE
CONGRESS NOT LATER THAN JANUARY 31, 1973, THE ECONOMIC REPORT; AND (C)
NOTWITHSTANDING THE PROVISIONS OF CLAUSE (3) OF SECTION 5 (B) OF THE ACT
OF FEBRUARY 20, 1946 (15 U.S.C. 1024 (B)), THE JOINT ECONOMIC COMMITTEE
SHALL FILE ITS REPORT ON THE PRESIDENT'S ECONOMIC REPORT WITH THE HOUSE
OF REPRESENTATIVES AND THE SENATE NOT LATER THAN MARCH 10, 1973. //64
STAT. 832; 84 STAT. 1169; 60 STAT. 24; 70 STAT. 290; 62 STAT. 16.//
SEC. 2. NOT LATER THAN FEBRUARY 10, 1973, THE PRESIDENT SHALL
TRANSMIT TO THE CONGRESS (1) THE REPORTS, WITH RESPECT TO ALL FUNDS
IMPOUNDED ON OR AFTER OCTOBER 27, 1972, AND BEFORE JANUARY 29, 1973,
REQUIRED BY SECTION 203 OF THE BUDGET AND ACCOUNTING PROCEDURES ACT OF
1950 (AS ADDED BY SECTION 402 OF THE FEDERAL IMPOUNDMENT AND INFORMATION
ACT), AND (2) A REPORT, WITH RESPECT TO ALL FUNDS IMPOUNDED ON OR AFTER
JULY 1, 1972, AND BEFORE OCTOBER 27, 1972, CONTAINING THE SAME
INFORMATION AS IS REQUIRED BY SUCH SECTION. //86 STAT. 1325; 31 U.S.C.
581C - 1.//
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 119 (1973):
JAN. 3, CONSIDERED AND PASSED HOUSE. JAN. 6, CONSIDERED AND
PASSED SENATE, AMENDED. JAN. 15, HOUSE CONCURRED IN SENATE
AMENDMENT WITH AN
AMENDMENT. JAN. 16, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-132 87 STAT 461
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT IN RECOGNITION OF
THE OUTSTANDING ACHIEVEMENTS OF JIM THORPE AS AN ATHLETE AND AS A GREAT
AMERICAN, THE SECRETARY OF THE TREASURY IS AUTHORIZED TO STRIKE AND
FURNISH TO THE JIM THORPE MEMORIAL-OKLAHOMA ATHLETIC HALL OF FAME
COMMISSION NOT MORE THAN ONE HUNDRED THOUSAND MEDALS WITH SUITABLE
EMBLEMS, DEVICES, AND INSCRIPTIONS TO BE DETERMINED BY THE SECRETARY,
AFTER CONSULTATION WITH THE COMMISSION. THE MEDALS, WHICH MAY BE
DISPOSED OF BY THE COMMISSION AT A PREMIUM, SHALL BE DELIVERED AT SUCH
TIMES AS MAY BE REQUIRED BY THE COMMISSION IN QUANTITIES OF NOT LESS
THAN TWO THOUSAND.
SEC. 2. THE SECRETARY OF THE TREASURY SHALL CAUSE SUCH MEDALS TO BE
STRUCK AND FURNISHED AT NOT LESS THAN THE ESTIMATED COST OF MANUFACTURE,
INCLUDING LABOR, MATERIALS, DIES, USE OF MACHINERY, AND OVERHEAD
EXPENSES, AND SECURITY SATISFACTORY TO THE DIRECTOR OF THE MINT SHALL BE
FURNISHED TO INDEMNIFY THE UNITED STATES FOR THE FULL PAYMENT OF SUCH
COSTS.
SEC. 3. THE MEDALS AUTHORIZED TO BE STRUCK AND DELIVERED UNDER THIS
ACT SHALL BE OF SUCH SIZE OR SIZES AND OF SUCH VARIOUS METALS AS SHALL
BE DETERMINED BY THE SECRETARY OF THE TREASURY IN CONSULTATION WITH THE
COMMISSION.
SEC. 4. NO MADALS SHALL BE MADE UNDER THE AUTHORITY OF THIS ACT
AFTER DECEMBER 31, 1974.
SEC. 5. AT THE OPTION OF THE COMMISSION, THE SECRETARY MAY RELEASE
THE DIES TO A PRIVATE MUNUFACTURER FOR PRODUCTION OF SOME OR ALL OF THE
MEDALS AUTHORIZED UNDER THIS ACT.
SEC. 6. THE MEDALS WHETHER PRODUCED BY THE SECRETARY OR BY A PRIVATE
MANUFACTURER FROM DIES PREPARED BY THE DEPARTMENT OF THE TREASURY, SHALL
BE CONSIDERED TO BE NATIONAL MEDALS WITHIN THE MEANING OF SECTION 3551
OF THE REVISED STATUTES (31 U.S.C. 368).
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 469 (COMM. ON BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 430 (COMM. ON BANKING, HOUSING AND URBAN
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 119 (1973):
SEPT. 17, CONSIDERED AND PASSED HOUSE.
OCT. 4, CONSIDERED AND PASSED SENATE.