PUBLIC LAW 94-468, 90 STAT. 2002

94th CONGRESS OCTOBER 11, 1976
AN ACT To amend title 14, United States Code, to authorize the admission of additional foreign nationals to the Coast Guard Academy.

Be it enacted by the Senate and House of Representatives of the United States of Americal in Congress assembled, That section 195 of title 14, United States Code, is amended to read as follows:

"195. Admission of foreign nationals for instruction; restrictions; conditions

"(a) A foreign national may not receive instruction at the Academy except as authorized by this section.

"(b) The President may designate not more than 36 foreign nationals whom the Secretary may permit to receive instruction at the Academy.

"(c) A person receiving instruction under this section is entitled to the same pay and allowances, to be paid from the same appropriations, as a cadet appointed pursuant to section 182 of this title. // 14 USC 182. // A person may receive instruction under this section only if his country agrees in advance to reimburse the United States, at a rate determined by the Secretary, for the cost of providing such instruction, including pay and allowances, unless a waiver therefrom has been granted to that country by the Secretary. Funds received by the Secretary for this purpose shall be credited to the appropriations bearing the cost thereof, and may be apportioned between fiscal years.

"(d) A person receiving instruction under this section is--,

"(1) not entitled to any appointment in the Coast Guard by reason of his graduation from the Academy; and

"(2) subject to those regulations applicable to the Academy governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation, except as may otherwise be prescribed by the Secretary.".

LEGISLATIVE HISTORY:

SENATE REPORT No. 94 - 1110 (Comm. on Merchant Marine and Fisheries).

SENATE REPORT No. 94 - 1187 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 122 (1976):

May 18, considered and passed House.

Sept. 7, considered and passed Senate, amended.

Sept. 27, House concurred in Senate amendment.

PUBLIC LAW 94-467, 90 STAT. 1997

94th Congress, H.R. 15552 OCTOBER 8, 1976
AN ACT To amend title 18, United States Code, to implement the " Convention to Prevent and Punish the Acts of Terrorism Taking the Form of Crimes Against Persons and Related Extortion That Are of International Significance" and the " Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents", and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " Act for the Prevention and Punishment of Crimes Against Internationally Protected Persons".

Sec. 2. Section 1116 of title 18, United States Code, is amended to read as follows:

"1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons

"(a) Whoever kills or attempts to kill a foreign official, offical guest, or internationally protected person shall be punished as provided under sections 1111, 1112, and 1113 of this title, // 18 USC 1111 - 1113. // except that any such person who is found guilty of murder in the first degree shall be sentenced to imprisonment for life, and any such person who is found guilty of attempted murder shall be imprisoned for not more than twenty years.

"(b) For the purposes of this section:

"(1) ' Family' includes (a) a spouse, parent, brother, or sister, child, or person to whom the foreign official or internationally protected person stands in loco parentis, or (b) any other person living in his household and related to the foreign offical or internationally protected person by blood or marriage.

"(2) ' Foreign government' means the government of a foreign country, irrespective of recognition by the United States.

"(3) ' Foreign official' means--,

"(A) a Chief of State or the political equivalent, President, Vice President, Prime Minister, Ambassador, Foreign Minister, or other officer of Cabinet rank or above of a foreign government or the chief executive officer of an international organization, or any person who has previously served in such capacity, and any member of his family, while in the United States; and "(B) any person of a foreign nationality who is duly notified to the United States as an officer or employee of a foreign government or international organization, and who is in the United States on official business, and any member of his family whose presence in the United States is in connection with the presence of such officer or employee.

"(4) ' Internationally protected person' means--,

"(A) a Chief of State or the political equivalent, head of government, or Foreign Minister whenever such person is in a country other than his own and any member of his family accompanying him; or "(B) any other representative, officer, employee, or agent of the United States Government, a foreign government, or international organization who at the time and place concerned is entitle pursuant to international law to special protection against attack upon his person, freedom, or dignity, and any member of his family then forming part of his household.

"(5) ' International organization' means a public international organization designated as such pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288).

"(6) ' Official guest' means a citizen or national of a foreign country present in the United States as an official guest of the Government of the United States pursuant to designation as such by the Secretary of State.

"(c) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title, // 18 USC 5, 7. // and section 101(34) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)).

"(d) In the course of enforcement of this section and any other sections prohibiting a conspiracy or attempt to violate this section, the Attorney General may request assistance from any Federal, State, or local agency, including the Army, navy, and Air Force, any statute, rule, or regulation to the contrary notwithstanding.".

Sec. 3. The analysis at the beginning of chapter 51 of title 18, United States Code, relating to section 1116 is amended to read as follows:

"1116. Murder or manslaughter of foreign officials, official guests, or internationally protected persons.".

Sec. 4. Section 1201 of title 18, United States Code, is amended as follows:

(a) by deleting subsection (a)(4) and inserting in lieu thereof the following:

"(4) the person is a foreign offical, an internationally protected person, or an offical guest as those terms are defined in section 1116(b) of this title,"; and

(b) by adding at the end thereof new subsections (d), (e), and (f) as follows:

"(d) Whoever attempts to violate subsection (a)(4) shall be punished by imprisonment for not more than twenty years. "(e) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the

United States includes all areas under the jurisdiction

of the United States including any of the places within

the provisions of sections 5 and 7 of this title,

// 18 USC 5, 7. //

and section 101(34) of the Federal

Aviation Act of 1958, as amended (49 U.S.C. 1301

(34)).

"(f) In the course of enforcement of subsection (a)(4) and any other sections prohibiting a conspiracy or attempt to violate subsection (a)(4), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statue, rule, or regulation to the contrary notwithstanding.".

Sec. 5. Section 112 of title 18, United States Code, is amended to read as follows:

"112. Protection of foreign officials, official guests, and internationally protected persons

"(a) Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign offical, official guest, or internationally protected person or makes any other violent attack upon the person or liberty of such person, or, if likely to endanger his person or liberty, makes a violent attack upon his official premises, private accommodation, or means of transport or attempts to commit any of the foregoing shall be fined not more than $5,000 or imprisoned not more than three years, or both. Whoever in the commission of any such act uses a deadly or dangerous weapon shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

"(b) Whoever willfully--,

"(1) initmidates, coerces, threatens, or harasses a foreign official or an offical guest or obstructs a foreign official in the performance of his duties;

"(2) attempts to intimidate, coerce, threaten, or harass a foreign official or an official guest or obstruct a foreign official in the performance of his duties; or

"(3) within the United States but outside the District of Columbia and within one hundred feet of any building or premises in whole or in part owned, used, or occupied for official business or for diplomatic, consular, or residential purposes by--,

"(A) a foreign government, including such use as a mission to an international organization; "(B) an international organization; "(C) a foreign offical; or "(D) an official guest;

congregates with two or more other persons with intent to violate any other provision of this section;

shall be fined not more than $500 or imprisoned not more than six months, or both.

"(c) For the purpose of this section 'foreign government', 'foreign official', 'internationally protected person', 'international organization', and 'official guest' shall have the same meanings as those provided in section 1116(b) of this title.

"(d) Nothing contained in this section shall be construed or applied so as to abridge the exercise of rights guaranteed under the first amendment to the Constitution of the United States.

"(e) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title, // 18 USC 5, 7. // and section 101(34) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)).

"(f) In the course of enforcement of subsection (a) and any other sections prohibiting a conspiracy or attempt to violate subsection (a), the Attorney General may request assistance from any Federal, State, or local agency, including the Army, Navy, and Air Force, any statute, rule, or regulation to the contrary, nonwithstanding.".

Sec. 6. The analysis at the beginning of chapter 51 of title 18, United States Code, relating to section 112 is amended to read as follows:

"112. Protection of foreign officials, official guests, and internationally protected persons.".

Sec. 7. Section 970 of title 18, United States Code, is amended:

(a) by relettering subsection "(b)" as subsection "(c) and amending the subsection to read as follows:

"(c) For the purpose of this section 'foreign government', 'foreign official', 'international organization', and 'official guest' shall have the same meanings as those provided in section 1116(b) of this title."; and

(b) by inserting a new subsection "(b)" as follows:

"(b) Whoever, willfully with intent to intimidate, coerce, threaten, or harass--,

"(1) forcibly thrusts any part of himself or any object within or upon that portion of any building or premises located within the United States, which portion is used or occupied for official business or for diplomatic, consular, or residential purposes by--,

"(A) a foreign government, including such use as a mission to an international organization; "(B) an international organization; "(C) a foreign official; or "(D) an official guest; or

"(2) refuses to depart from such portion of such building or premises after a request--,

"(A) by an employee of a foreign government or of an international organization, if such employee is authorized to make such request by the senior official of the unit of such government or organization which occupies such portion of such building or premises; "(B) by a foeign official or any member of the foreign official's staff who is authorized by the foreign official to make such request; "(C) by an official guest or any member of the official guest's staff who is authorized by the official guest to make such request; or "(D) by any person present having law enforcement powers;

shall be fined not more than $500 or imprisoned not more than six months, or both.".

Sec. 8. Chapter 41 of title 18, United States Code, is amended by adding a new section 878 as follows:

"878. Threats and extortion against foreign officials, official guests, or internationally protected persons

"(a) Whoever knowingly and willfully threatens to violate section 112, 1116, or 1201 by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person shall be fined not more than $5,000 or imprisoned not more than five years, or both, except that imprisonment for a threatened assault shall not exceed three years.

"(b) Whoever in connection with any violation of subsection (a) or actual violation of section 112, 1116, or 1201 makes any extortionate demand shall be fined not more than $20,000 or imposed not more than twenty years, or both.

"(c) For the purpose of this section 'foreign official', 'internationally protected person', and 'official guest' shall have the same meanings as those provided in section 1116(a) of this title.

"(d) If the victim of an offense under subsection (a) is an internationally protected person, the United States may exercise jurisdiction over the offense if the alleged offender is present within the United States, irrespective of the place where the offense was committed or the nationality of the victim or the alleged offender, As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title, // 18 USC 5, 7. // and section 101(34) of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301(34)).".

Sec. 9. The analysis of chapter 41 of title 18, United States Code, is amended by inserting at the end thereof the following new item:

"878. Threat and extortion against foreign officials, official guests, and internationally protected persons.".

Sec. 10. Nothing contained in this Act, // 18 USC 112 note. // shall be construed to indicate an intent on the part of Congress to occupy the field in which its provisions opearate to the exclusion of the laws of any State, Commonwealth, territory, possession, or the District of Columbia, on the same subject matter, nor to relieve any person of any obligation imposed by any law of any State, commonwealth, territory, possession, or the District of Columbia, including the obligation of all persons having official law enforcement powers to take appropriate action, such as effecting arrests, for Federal as well as non-Federal violations.

Sec. 11. Section 11 of title 18, United States Code, is amended by inserting after the word "title" words "except in sections 112, 878, 970, 1116, and 1201".

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1614 (Comm. on the Judiciary).

SENATE REPORT No. 94 - 1273 accompanying S. 3646 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Sept. 21, considered and passed House.

Sept. 24, considered and passed *SENATE.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42:

Oct. 10, Presidential statement.

PUBLIC LAW 94-466, 90 STAT. 1992, MINNESOTA VALLEY NATIONAL WILDLIFE REFUGE ACT

94th Congress, H.R. 13374 OCTOBER 8, 1976
AN ACT To provide for a national wildlife refuge in the Minnesota River Valley, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " Minnesota Valley National Wildlife Refuge Act".

DECLARATION OF POLICY

Sec. 2. (a) Findings.--The Congress finds and declares the following:

(1) The Lower Minnesota River Valley, which provides habitat for a large number of migratory waterfowl, fish, and other wildlife species, is a unique environmental resource.

(2) This valley is located close to a large metropolitan area and, accordingly, it is of great value as a source of environmental education, recreational opportunities, and interpretive programs for hundreds of thousands of urban dwellers.

(3) This valley is currently threatened with spoilation, removal from public access, and ecological downgrading, through commerical and industrial development.

(4) Despoilment of this valley and its flood plain will result in the permanent loss of unique social, educational, and environmental assets.

(b) Polucy.-- It is therefore declared to be the policy of the Congress in this Act to preserve the Minnesota River Valley through the establishment of the Minnesota Valley National Wildlife Refuge.

DEFINITIONS

Sec. 3. As used in this Act: // 16 USC 668ll. //

(1) The terms "conserve" and "conservation" mean to use, and the use of, methods and procedures which are necessary to assure, to the maximum extent practicable, the continued existence of populations of fish and wildlife. Such methods and procedures may include, but are not limited to, all activites associated with scientific resource management, including research, census, law enforcement, habitat acquisition, and public information and education.

(2) The term "interests therein" means any property interest in lands and waters, including, but not limited to, a leasehold, as easement, a future interest, or an equitable use.

(3) The term "refuge" means the Minnesota Valley National Wildlife Refuge, established pursuant to section 4 of this Act.

(4) The term " Secretary" means the Secretary of the Interior, acting through the United States Fish and Wildlife Service.

(5) The term " State" means the State of Minnesota and any political subdivision thereof.

(6) The term "wildlife recreation area" means the wildlife recreation area established adjacent to the refuge, pursuant to section 5 of this Act.

THE REFUGE

Sec. 4. (a) Establishment.--The Secretary shall establish, in accordance with this section, the Minnesota Valley National Wildlife Refuge by publication of a notice to that effect in the Federal Register upon completion of the comprehensive plan pursuant to section 6 of this Act. The refuge shall consist of--,

(1) approximately 9,500 acres of lands, marshes, submerged lands, and open waters in the lower Minnesota River Valley, which are depicted as a wildlife refuge on a map dated November 1975 and entitled "officeal map--Minnesota Valley National Wildlife Refuge-Recreation Area", which shall be on file and available for public inspection in the offices of the United States Fish and Wildlife Service of the Department of the Interior; and

(2) any additional lands, waters, and interests therein, which the Secretary may acquire and designate for inclusion in the refuge.

(b) Acquisition and Administration.--(1) The Secretary shall, within 6 years after the date of enactment of this Act, acquire lands, waters, and interests therein, within the boundaries of the refuge, by (A) donation; (B) purchase (with donated, transferred, or appropriated funds); or (C) exchange.

(2) With respect ot the Black Dog Lake unit, as identified on the map referred to in subsection (a) (1) of this section, the Secretary may not acquire any lands, waters, or interests therein unless such acquisition is compatible with the continued operation of the electric power generation plant presently located within such unit. The Secretary may negotiate and enter into an agreement, with the owner of such powerplant, for the joint or cooperative conservation and management of such unit.

(3) The Secretary shall develop and administer the lands, waters, and interests therein, which are acquired for the refuge, in accordance with the National Wildlife Refuge System Administration Act of 1966, as amended (16 U.S.C. 688dd et seq.).

// 16 USC 668dd note. //

The Secretary may also exercise any other authority available to him for the conservation and management of wildlife and natural resources, the development of wildlife recreational opportunities, wildlife interpretation, and environmental education, to the extent deemed by him to be appropriate to carry out the purposes of this Act.

(c) Wildlife Interpretation and Education Center.-- The Secretary shall construct, administer, and maintain, at an appropriate site within the refuge, a wildlife interpretation and education center. Such center shall be designed and operated to promote environmental education and to provide an opportunity for the study and enjoyment of wildlife in its natural habitat.

(d) Revenue Sharing.-- Payments made, in accordance with the Refuge Revenue Sharing Act (16 U.S.C. 715s), to the counties in which units of the refuge are located shall be distributed by such counties to municipalities and townships on the same pro rata basis as is used in the distribution of real estate taxes.

THE WILDLIFE RECREATION AREA

Sec. 5. (a) General.--The Secretary shall establish, in cooperation with the State and in an area adjacent to the refuge, a wildlife recreation area by publication of a notice to that effect in the Federal Register upon completion of the comprehensive plan pursuant to section 6 of this Act. Such area shall consist of the lands, waters, and interests therein which are depicted as a recreation area on the map referred to in section 4(a)(1) of this Act. The wildlife recreation area shall, in general, consist of--,

(1) those portions of the Lower Minnesota River floodplain and which are necessary for one or more of the following: public access to such area; safety; the well-being of the visiting public; and the operation and maintenance of such area; and

(2) any additional areas which are adjacent to such floodplain and which are located between the city of Jordan, Minnesota, and Fort Snelling State Park, excluding the industrialized component thereof located in the municipalities of Savage, Chaska, Shakopee, and Burnsville, Minnesota.

(b) Acquisition and Administration.--Lands, waters, and interests therein, which are within the boundaries of the wildlife recreation area, shall, with the agreement of the State, be acquired, developed, and administered by the State (in cooperation with the Secretary) in accordance with the provisions of the comprehensive plan developed under section 6 of this Act.

COMPREHENSIVE PLAN

Sec. 6. (a) General.--Within 3 years after the date of enactment of this Act, // 16 USC 668oo. // the Secretary shall, in cooperation with the State and political subdivisions thereof, develop a comprehensive plan for the conservation, protection, preservation, and interpretation of the Minnesota Valley National Wildlife Refuge and the adjacent wildlife recreation area.

(b) Management Categories.--The plan required by subsection (a) of this section shall delineate and provide appropriate management guidelines for the following two categories of property:

(1) Catergory I.--The Minnesota Valley National Wildlife Refuge, to be qcquired and managed by the Secretary pursuant to section 4(b) of this Act.

(2) Category Ii.--Public natur-recreation areas, to be acquired (in fee or by lease, easement, donation, or other agreement) and managed by the State (in cooperation with the Secretary) pursuant to section 5(b) of this Act.

(c) Other Requirements.--The plan required by subsection (a) of this section shall--,

(1) provide for the Minnesota Valley Trail Corridor, authorized by Minnesota Statue, 1969, section 85, 198, as an integral part of the Minnesota Valley National Wildlife Refuge and the adjacent wildlife recreation area; and

(2) contain such other provisions relating to public use, law enforcement, wildlife conservation, environmental education and interpretation, and other matters as the Secretary and the State deem necessary to preserve, protect, and enhance the refuge-recreation area and to carry out the purposes of this Act.

FINANCIAL ASSISTANCE

Sec. 7. (a) Grants.--, // 16 USC 668pp. // The Secretary shall provide sufficient financial assistance to the State to enable it to acquire and develop lands, waters, and interests therein in the wildlife recreation area. A grant made under this section shall only be used with respect to lands, waters, and interests therein which are acquired by the State after the establishment of the wildlife recreation area. The Secretary may reimburse the State for lands, waters, and interests therein which are acquired prior to the establishment of the wildlife recreation area if such lands, waters, and interests therein are contained within the area at the time of its establishment. Such grants shall be subject to such other terms and conditions as may be prescribed by the Secretary. Any grants made from the Land and Water Conservation Fund shall be subject to the provisions of section 6 of the Land and Water Conservation Fund Act, as amended (16 U.S.C. 4601 - 8).

(b) Limitations.--Any payment made by the Secretary under this section shall be subject to the following condition: The conversion, use, or disposal of any lands, waters, and interests therein which are required by the State, directly or indirectly, with Federal financial assistance provided under this section, for purposes contrary to the purposes of this Act (as determined by the Secretary), shall create in the United States a right to compensation from the State in an amount equal to the fair market value of the land at the time of conversion, use or disposal, or an amount equal to the Federal payment for acquisition and development of the land, whichever is greater.

SPOIL SITES

Sec. 8. The Secretary and the United States Corps of Engineers shall assist appropriate local authorities in the disposal of dredge material and in the designation of sites for deposit of dredge material, so as to minimize the disruption of wildlife and the reduction of scenic and recreational values and so as to assure the continuation of navigation on the riverway. The Secretary may acquire such alternative sites, outside the boundary of the refuge-recreation area, as may be necessary, in exchange for sites existing in the area on the date of enactment of this Act. The value of any properties so exchanged shall be approximately equal as determined by the Secretary or, if not, such value shall be equalized by the payment of cash, to the owners of the property within the refuge-recreation area or to the Secretary, as the circumstances require. The Secretary is authorized to expend not more than 20 per centum of the funds appropriated for acquisition of the refuge under section 10(a) of this Act to assist in the disposal of dredge material and to purchase alternative sites for deposit of dredge material as may be necessary outside the boundaries of the refuge and recreation area.

CONTINUED PUBLIC SERVICES

Sec. 9. Nothing contained in this Act // 16 USC 668rr. // shall be construed as prohibiting or preventing the provision of vital public services, including--,

(1) the continuation of commercial navigation in the main navigation channel of the Minnesota River which lies within the refuge/recreation area;

(2) the construction, improvement, and replacement of highways and bridges, whether or not the highway is a Federal-aid highway; or

(3) any other activity which the Secretary determines to be necessary;

if the provision of such services is otherwise in accordance with law. Any activity referred to in this section shall be carried out so as to minimize the disruption of the wildlife and the reduction of recreational and scenic values of the area, consistent with economic feasibility.

AUTHORIZATION FOR APPROPRIATIONS

Sec. 10. (a) Acquisition.--, // 16 USC 668ss. // There are authorized to be appropriated such amounts as may be necessary for acquisition of lands, waters, and interests therein in the refuge-recreation area, pursuant to sections 4(b)(1) and (7)(a) of this Act, except that such sums shall not exceed a total of $14,500,000 for the period beginning October 1, 1977, and ending September 30, 1983.

(b) Development.--There are authorized to be appropriated such amounts as may be necessary for the development of the refuge-recreation area, except that such sums shall not exceed $6,000,000 for the period beginning October 1, 1977, and ending September 30, 1986. Not more than $500,000 of such sums shall be used for the development of the comprehensive plan pursuant to section 6 of this Act.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1470 (Comm. on Merchant Marine and Fisheries).

SENATE REPORT No. 94 - 934 accompanying S. 2097 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Sept. 20, considered and passed House.

Sept. 24, considered and passed Senate.

PUBLIC LAW 94-465, 90 STAT. 1990

94th Congress, S. 2981 OCTOBER 8, 1976
AN ACT To authorize appropriations for the Indian Claims Commission for fiscal year 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is authorized to be appropriated to carry out the provisions of the Indian Claims Commission Act (25 U.S.C. 70), during fiscal year 1977, not to exceed $1,650,000.

Sec. 2. Section 23 of the Act entitled " An Act to create an Indian Claims Commission, to provide for the powers, duties and functions thereof, and for other purposes", approved August 13, 1946 (60 Stat. 1049, 1055), as amended (86 Stat. 115; 25 U.S.C. 70v), is hereby amended by striking said section and inserting in lieu thereof the following:

" DISSOLUTION OF THE COMMISSION AND DISPOSITION OF PENDING CLAIMS

" Sec. 23. The existence of the Commission shall terminate at the end of fiscal year 1978 on September 30, 1978, or at such earlier time as the Commission shall have made its final report to the Congress on all claims filed with it. Upon its dissolution, the records and files of the Commission in all cases in which a final determination has been entered shall be delivered to the Archivist of the United States. No later than December 31, 1976, the Indian Claims Commission may certify and transfer to the Court of Claims all cases which the Commission determines it cannot completely adjudicate by September 30, 1978. In addition, the Commission may, at any time prior to September 30, 1978, certify and transfer to the Court of Claims any case which it determines cannot be completely adjudicated prior to the dissolution of the Commission. Jurisdiction is hereby conferred upon the Court of Claims to adjudicate all such cases under the provisions of section 2 of the Indian Claims Commission Act: Provided, That section 2 of said Act shall not apply to any cases filed originally in the Court of Claims under section 1505 of title 28, United States Code. Upon dissolution of the Commission, all pending cases including those on appeal shall be transferred to the Court of Claims for adjudication on the same basis as those authorized to be transferred by this section.".

Sec. 3. Section 28 of such Act of August 13, 1946, as amended (25 U.S.C. 70v-2), is amended by striking said section and inserting in lieu thereof the following:

" STATUS REPORT TO CONGRESS

" Sec. 28. The Commission shall, on the first day of the 95th Congress, submit a report to the Committees on Interior and Insular Affairs of the Senate and House of Representatives on those cases which it has transferred pursuant to section 23 of this Act, // 25 USC 70v. // as amended. In addition, the Commission shall submit a report to said Committees at six month intervals thereafter showing the progress made and the work remaining to be completed by the Commission, as well as the status of each remaining case, along with the projected date for its completion.".

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1150 accompanying H.R. 11909 (Comm. on Interior and Insular Affairs).

SENATE REPORT No. 94 - 737 (Comm. on INTERIOR and Insular Affairs).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 9, considered and passed Senate.

Aug. 3, considered and passed House, amended, in lieu of H.R. 11909. Sept. 28, Senate agreed to conference report.

Sept. 29, House agreed to conference report.

PUBLIC LAW 94-464, 90 STAT. 1985

94th Congress, H.R. 3954 OCTOBER 8, 1976
AN ACT To provide for an exclusive remedy against the United States in suits based upon medical malpractice on the part of medical personnel of the armed forces, the Defense Department, the Central Intelligence Agency, and the National Aeronautics and Space Administration, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) chapter 55 of title 10, United States Code, is amended by adding at the end thereof a new section as follows:

1089. Defense of certain suits arising out of medical malpractice

"(a) The remedy against the United States provided by sections 1346( b) and 2672 of title 28 for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the armed forces, the Department of Defense, or the Central Intelligence Agency in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of his duties or employment therein or therefor shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) whose act or omission gave rise to such action or proceeding.

"(b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or the estate of such person) for any such injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person's immediate superior or to whomever was designated by the head of the agency concerned to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the action or proceeding is brought, to the Attorney General and to the head of the agency concerned.

"(c) Upon a certification by the Attorney General that any person described in subsection (a) was acting in the scope of such person's duties or employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 // 28 USC 1. // and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State court.

"(d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, and with the same effect.

"(e) For purposes of this section, the provisions of section 2680 (h) of title 28 shall not apply to any cause of action arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations).

"(f) The head of the agency concerned or his designee may, to the extent that he or his designee deems appropriate, hold harmless or provide liablilty insurance for any person described in subsection (a) for damages for personal injury, including death, caused by such person's negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of such person's duties if such person is assigned to a foreign country or detailed for service with other than a Federal department, agency, or instrumentality or if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 1346(b) of title 28, for such damage or injury.

"(g) In this section, 'head of the agency concerned' means--,

"(1) the Director of Central Intelligence, in the case of an employee of the Central Intelligence Agency;

"(2) the Secretary of Transportation, in the case of a member or employee of the Coast Guard when it is not operating as a service in the Navy; and

"(3) the Secretary of Defense, in all other cases.".

(b) The table of sections at the beginning of such chapter 55 is amended by adding at the end thereof the following:

"1089. Defense of certain suits arising out of medical malpractice.".

Sec. 2. (a) The Congress finds--,

(1) that the Army National Guard and the Air National Guard are citical components of the defense posture of the United States;

(2) that a medical capability is essential to the performance of the mission of the National Guard when in Federal service;

(3) that the cureent medical malpractice crisis poses a serious threat to the availability of sufficient medical personnel for the National Guard; and

(4) that in order to insure that such medical personnel will continue to be available to the National Guard, it is necessary for the Federal Government to assume responsibility for the payment of malpractice claims made against such personnel arising out of actions or omissions on the part of such personnel while they are performing certain training exercises.

(b) Chapter 3 of title 32, United States Code, is amended by adding at the end thereof a new section as follows:

334. Payment of malpractice liability of National Guard Medical personnel

(a) Upon the final disposition of any claim for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any medical personnel of the Antiona Guard in furnishing medical care or treatment while acting within the scope of his duties for the National Guard during a training exercise, the liability of such medical personnel for any costs, settlements, or judgment shall become, subject to the provisions of this section, the liability of the United States and shall be payable under the provisions of section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a), or out of funds appropriated for the payment of such liability.

"(b) The liability for any claim for damages under this section against any medical personnel shall become the liability of the United States only to the extent that the liability of such medical personnel is not covered by insurance, and such liability not constitute coinsurance for any purpose.

"(c) Liability of the United States for damages against any medical personnel referred to in subsection (a) shall be subject to the condition that the medical personnel against whom any claim for such damages is made shall--,

"(1) promptly notify the Attorney General of the claim, and in case of any civil action, or proceeding brought in any court against any such personnel, deliver all process served upon such personnel (or an attested true copy thereof) to the immediate superior of such personnel or to such other person designated by the appropriate Adjutant General to receive such papers, who shall promptly transmit such papers to the Attorney Geeneral.

"(2) furnish to the Attorney General such other information and documents as the Attorney General may request, and

"(3) comply with the instructions of the Attorney General realative to the final disposition of a claim for damages.

"(d) The liability of the United States under this section shall also be subject to the condition that the settlement of any claim described in subsection (a) of this section be approved by the Attorney General prior to its finalization.

"(e) The provisions of this section shall not apply in the case of any claim for damages against any medical personnel settled under the provisions of section 715 of title 32.

"(f) As used in this section, the term--,

"(1) ' Medical personnel' means any physician, dentist, nurse, pharmacist, paramedical, or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the Army National Guard or the Air National Guard.

"(2) ' Training exercise' means training or duty performed by medical personnel under section 316, 502, 503, 504, or 505 of this title

// 32 USC 316, 502 - 505. //

or under any other provision of law for which such personnel are entitled to ro has waived pay under section 206 of title 37.

"(3) ' Final disposition' means--,

"(A) a final judgement of any court from which the Attorney General decides there will be no appeal, "(B) the settlement of any claim, or "(C) a determination at any stage of a claim for damages in favor of a medical personnel and from which determination no appeal can be made.

"(5) ' Costs' includes any costs which are taxed by any court against any medical personnel, normal litigation expenses, attorney's fees incurred by any medical personnel, and such interest as any medical personnel may be obligated to pay by any court order or by statute.

"(6) ' Claim for damages' means any claim or any legal or administrative action in connection with any claim described in subsection (a) of this section.

"(7) ' Attorney General' means the Attorney General of the United States.".

(c) The table of sections at the beginning of such chapter 3 is amended by adding at the end thereof the following:

"334. Payment of malpractice liability of National

Guard medical personnel.".

Sec. 3. Title III of the National Aeronautics and Space Act of 1958, // 42 USC 2459. // as amended, is amended by redesignating section 307 as 308 and by inserting after section 306 a new section 307 as follows:

" DEFENSE OF CERTAIN MALPRACTICE AND NEGLIGENCE SUITS

" Sec. 307. (a) The remedy against the United States provided by sections 1346(b) and 2672 of title 28, United States Code, for damages for personal injury, including death, caused by the negligent or wrongful act or omission of any physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (including medical and dental technicians, nursing assistants, and therapists) of the Administration in the performance of medical, dental, or related health care functions (including clinical studies and investigation) while acting within the scope of his duties or employment therein or therefor shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, pharmacist, or paramedical or other supporting personnel (or the estate of such person) whose act or omission gave rise to such action or proceeding.

"(b) The Attorney General shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or the estate of such person) for any such injury. Any such person against whom such civil action or proceeding is brought shall deliver within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such person or an attested true copy therof to such person's immediate superior or to whomever was designated by the Administrator to receive such papers and such person shall promptly furnish copies of the pleading and pricess therein to the United States Attorney for the district embracing the place wherein the proceeding is brought to the Attorney General and to the Administrator.

"(c) Upon a certification by the Attorney General that any person described in subsection (a) was acting in the scope of such person's duties or employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28, United States Code, // 28 USC 1. // and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State court.

"(d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, United States Code, and with the same effect.

"(e) For purposes of this section, the provisions of section 2680 (h) of title 28, United States Code, shall not apply to any cause of action arising out of a negligent or wrongful act of omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations).

"(f) The Administrator or his designee may, to the extent that the Administrator or his designee deem appropriate, hold harmless or provide liablity insurance for any person described in subsection (a) for damages for personal injury, including death, caused by such person's negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) while acting within the scope of such person's duties if such person is assigned to a foreign country or detailed for service with other than a Federal department, agency, or instrumentality or if the circumstances are such as are likely to preclude the remedies of third persons against the United States described in section 2679(b) @f title 28, United States Code, for such damage or injury.".

Sec. 4. This Act // 10 USC 1089 note. // shall become effective on the date of its enactment and shall apply only to those claims accruing on or after such date of enactment.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 333 (Comm. on Armed Services).

SENATE REPORT No. 94 - 1264 (Comm. on Armed Services).

CONGRESSIONAL RECORD:

Vol. 121 (1975): July 21, considered and passed House.

Vol. 122 (1976): Sept. 24, considered and passed Senate, amended.

Sept. 27, House concurred in Senate amendment.

PUBLIC Law 94-463, 90 STAT. 1982, FARMER TO CONSUMER DIRECT MARKETING ACT OF 1976.

94th Congress, H.R. 10339 OCTOBER 8, 1976
AN ACT To encourage the direct marketing of agricultural commodities from farmers to consumers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " Farmer-to-Consumer Direct Marketing Act of 1976". // 7 USC 3001 note. //

PURPOSE

Sec. 2. It is the purpose of this Act // 7 USC 3001. // to promote, through appropriate means and on an economically sustainable basis, the development and expansion of direct marketing of agricultural commodities from farmers to consumers. To accomplish this objective, the Secretary of Agriculture (hereinafter referred to as the " Secretary") shall initiate and coordinate a program designed to facilitate direct marketing from farmers to consumers for the mutual benefit of consumers and farmers.

DEFINITION

Sec. 3. For purposes of this Act // 7 USC 3002. // the therm "direct marketing from farmers to consumers" shall mean the marketing of agricultural commodities at any marketplace (including, but not limited to, roadside stands, city markets, and vehicles used for house-to-house marketing of agricultural commodities) established and maintained for the purpose of enabling farmers to sell (either individually or through a farmers' organization directly representing the farmers who produced the commodities being sold) their agricultural commodities directly to inidvidual consumers, or organizations representing consumers, in a manner calculated to lower the cost and increase the quality of food to such consumers while providing increased financial returns to the farmers.

SURVEY

Sec. 4. The Secretary shall provide, through the Economic Research Service of the United States Department of Agriculture, or whatever agency or agencies the Secretary considers appropriate, a continuing survey of existing methods of direct marketing from farmers to consumers in each State. The initial survey, which shall be completed no later than one year following the date of enactment of this Act, shall include the number of types of such marketing methods in existence, the volume of business conducted through each such marketing method, and the impact of such marketing methods upon financial returns to farmers (including their impact upon improving the economic viability of small farmers) and food quality and costs to consumers.

DIRECT MARKETING ASSISTANCE WITHIN THE STATES

Sec. 5. (a) In order to promote the establishment and operation of direct marketing from farmers to consumers, the Secretary shall provide that funds appropriated to carry out this section be utilized by State departments of agriculture and the Extension Service of the United States Department of Agriculture for the purpose of conducting or facilitating activities which will initiate, encourage, develop, or coordinate methods of direct marketing from farmers to consumers within or among the States. Such funds shall be allocated to a State on the basis of the feasibility of direct marketing from farmers to consumers within that state as compared to other States and shall be allocated within a State to the State department of agriculture and to the Extension Service on the basis of the types of activities which are needed in the State and on the basis of which of these two agencies, or combination thereof, can best perform these activities. The activities shall include, but shall not be limited to--,

(1) sponsoring conferences which are designed to faciliate the sharing of information (among farm producers, consumers, and other interested persons or groups) concerning the establishment and operation of direct marketing from farmers to consumers;

(2) compiling laws and regulations relevant to the conduct of the various methods of such direct marketing within the State, formulating drafts of enabling legislation needed to faciliate such direct marketing, determining feasible locations for additional facilities for such direct marketing, and preparing and disseminating practical information on the establishment and operation of such direct marketing; and

(3) providing technical assistance for the purpose of aiding interested individuals or groups in the establishment of arrangements for direct marketing from farmers to consumers.

(b) In the implementation of this section, the Secretary shall take into account consumer preferences and needs which may bear upon the establishment and operation of arrangements for direct marketing from farmers to consumers.

ANNUAL REPORT

Sec. 6. The Secretary shall periodically review the activities carried out under this Act and shall report to the Committee on Agriculture, United States House of Representatives, and the Committee on Agriculture and Forestry, United States Senate, within one year of the date of enactment of this Act, and annually thereafter, with respect to the effectiveness of this Act. The Secretary shall include in such report a State-by-state summary of the results of the survey conducted under this Act, and a summary of the activities and accomplishments of the Extension Service and the State departments of agriculture in the development of direct marketing from farmers to consumers during the previous year.

AUTHORIZATION OF APPROPRIATIONS

Sec. 7. (a) For purposes of carrying out the provisions of sections 4 and 6, there are authorized to be appropriated such sums as are necessary.

(b) For purposes of carrying out the provisions of section 5, there is authorized to be appropriated $1,500,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978.

EMERGENCY HAY PROGRAM

Sec. 8. In carrying out any emergency hay program for farmers or ranchers in any area of the United States under section 305 of the Disaster Relief Act of 1974, // 42 USC 5145 note. 42 USC 5145. // because of an emergency or major disaster in such area, the President shall direct the Secretary of Agriculture to pay 80 percent of the cost of transporting hay (not to exceed $50 per ton) from areas in which hay is in plentiful supply to the area in which such farmers or ranchers are located. The provisions of this section shall expire on October 1, 1977, and shall become effective on October 1, 1976, or on the date of enactment of this Act, whichever is later.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 612 (Comm. on Agriculture) and No. 94 - 1516 (Comm. of Conference).

SENATE REPORT: No. 94 - 1022 (Comm. on Agriculture and Forestry).

CONGRESSIONAL RECORD:

Vol. 121 (1975): Nov. 4, considered and passed House.

Vol. 122 (1976): July 30, considered and passed Senate, amended.

Sept. 15, Senate agreed to conference report.

Sept. 23, House receded and concurred in certain Senate amendments; receded and concurred in certain others with amendments.

Sept. 27, Senate concurred in House amendments.

Public Law 94-462, 90 Stat. 1971, Arts, Humanities and Cultural Affairs Act of 1976.

94th Congress, H.R. 12838 October 8, 1976
An Act To amend and extend the National Foundation of the Arts and Humanities Act of 1965, to provide for the improvement of museum services, to establish a challenge grant program, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " Arts, Humanities, and Cultural Affairs Act of 1976".

TITLE I--ARTS AND HUMANITIES SCOPE OF PROGRAMS CARRIED OUT BY CHARIMAN OF NATIONAL ENDOWMENT FOR THE ARTS

Sec. 101. Section 5(c) of the National Foundation on the Arts and the Humanities Act of 1965 // 20 USC 954. // is amended by striking out "in the United States".

ALLOTMENTS FOR PROJECTS AND PRODUCTIONS RELATING TO THE ARTS

Sec. 102. Section 5(g)(4)(A) of the National Foundation on the Arts and the Humanities Act of 1965 is amended by inserting immediately after "(4)(A)" the following new sentence: " The amount of each allotment to a Senate for any fiscal year under this subsection shall be available to each State, which has a plan approved by the Chairman in effect on the first day of such fiscal year, to pay not more than 50 per centum of the total cost of any project or production described in paragraph (1).".

APPOINTMENT OF MEMBERS OF NATIONAL COUNCIL ON ARTS AND NATIONAL COUNCIL ON HUMANITIES

Sec. 103. (a) The first sentence of section 6(b) of the National Foundation on the Arts and Humanities Act of 1965 // 20 USC 955. // is amended by inserting ", by and with the advice and consent of the Senate," immediately after " President".

(b) The first sentence of section 8(b) // 20 USC 957. // of the National Foundation on the Arts and the Humanities Act of 1965 if amended by inserting ", by and with the advice and consent of the Senate," immediately after " President".

STATE HUMANITIES PROGRAM

Sec. 104. (a) Section 7 of the National Foundation on the Arts and the Humanities Act of 1965 // 20 USC 956. // is amended by adding at the end thereof the following new subsection:

"(f)(1) The Chairman with the advice of the National Council on the Humanities, is authorized, in accordance with the provisions of this subsection, to establish and carry out a program of grants-in-aid in each of the several States in order to support not more than 50 per centum of the cost of existing activities which meet the standards enumerated in subsection (c) of this section, and in order to develop a program in the humanities in such a manner as will furnish adequate programs in the humanities in each of the several States.

"(2) In order to receive Federal assistance under this subsection in any fiscal year, any appropriate entity desiring to receive such assistance shall submit an application for such grants at such time as shall be specified by the Chairman. Each such application shall be accompanied by a plan which the Chairman finds--,

"(A) provides assurances that the grant recipient will comply with the requirements of paragraph (3) of this subsection; "(B) provides that funds paid to the grant recipient will be expended solely on programs which carry out the objectives of subsection (c) of this section; "(C) establishes a membership policy which is designed to assure broad public representation with respect to programs administered by such grant recipient; "(D) provides a nomination process which assures opportunities for nomination to membership from various groups within the State involved and from a variety of segments of the population of such State, and including individuals who by reason of their achievement, scholarship, or creativity in the humanities, are especially qualified to serve; "(E) provides for a membership rotation process which assures the regular rotation of the membership and officers of such grant recipient and which complies with the provisions of paragraph (3)(C) of this subsection "(F) establishes reporting procedures which are designed to inform the chief executive officer of the State involved, and other appropriate officers and agencies, of the activities of such grant recipient; "(G) establishes procedures to assure public access to information relating to such activities; and "(H) provides that such recipient shall make reports to the Chairman, in such form, at such times, and containing such information, as the Chairman may require.

"(3)(A) whenever a State desires that an appropriated

officer or agency or such State appoint 50 per centum of the membership of the governing body of the grant recipient involved, such State shall--,

"(i) for the first fircal year with respect to which such State desires to make such appointments, match, from State funds, 50 per centum of that portion of the Federal financial assistance received by such grant recipient under this subsection which exceeds $100,000; "(ii) for the second fiscal year with respect to which such State desires to make such appointments, match, from State funds, that portion of the Federal financial assistance received by such grant recipient under this subsection for which exceeds $100,000; and "(iii) with respect to each fiscal year thereafter, match, from State funds, the total amount of Federal financial assistance received by such grant recipient under this subsection for the fiscal year involved.

"(B) In any State in which the State does not desire to comply with the requirements of subparagraph (A) of this paragraph, the grant recipient shall--,

"(i) establish a procedure which assures that two members of the governing body of such grant recipient shall be appointed by an appropriate officer or agency of such State; and "(ii) provide, from any source, an amount equal to the total amount of Federal financial assistance received by such grant recipient under this subsection in the fiscal year involved.

"(C) In any fiscal year in which a State fails to meet the matching requirement from State funds made by subparagraph (A) of this paragraph, the number of members on the governing body of the grant recipient who were appointed by an appropriate officer or agency of such State shall be reduced so that the governing body complies with the provisions of subparagraph (B) of this paragraph.

"(4) Of the sums available to carry out this subsection for any fiscal year, each grant recipient which has a plan approved by the Chairman shall be allotted at least $200,000. If the sums appropriated are insufficient to make the allotments under the preceding sentence in full, such sums shall be allotted among such grant recipients in equal amounts. In any case where the sums available to carry out this subsection for any fiscal year are in excess of the amount required to make the allotments under the first sentence of this paragraph--,

"(A) the amount of such excess which is no greater than 25 per centum of the sums available to carry out this subsection for any fiscal year shall be available to the Chairman for making grants under this subsection to entities applying for such grants; "(B) the amount of such excess, if any, which remains after reserving in full for the Chairman the amount required under subparagraph (A) shall be allotted among the grant recipients which have plans approved by the Chairman in equal amounts, but in no event shall any grant recipient be allotted less than $2000,000.

"(5) (A) Whenever the provisions of paragraph (3)(B) of this subsection apply in any State, that part of any allotment made under paragraph (4) for any fiscal year--,

"(i) which exceeds $125,000, but "(ii) which does not exceed 20 per centum of such allotment, shall be available, at the discretion of the Chairman, to pay up to 100 per centum of the cost of programs under this subsection if such programs would otherwise be unavailable to the residents of that State.

"(B) Any amount allotted to a State under the first sentence of paragraph (4) for any fiscal year which is not obligated by the grant recipient prior to sixty days prior to the end of the fiscal year for which such sums are appropriated shall be available to the Chairman for making grants to regional groups.

"(C) Funds made available under this subsection shall not be used to supplant non-Federal funds.

"(D) For the purposes of this paragraph, the term 'regional group' means any multistate group, whether or not representative of contiguous States.

(6) All amounts allotted or made available under paragraph (4) for a fiscal year which are not granted to any entity during such fiscal year shall be available to the National Endowment for the Humanities for the purpose of carrying out subsection (c).

"(7) Whenever the Chairman, after reasonable notice and opportunity for hearing, finds that--,

"(A) a grant recipient is not complying substantially with the provisions of this subsection; "(B) a grant recipient is not complying substantially with terms and conditions of its plan approved under this subsection; or "(C) any funds granted to any grant recipient under this subsection have been diverted from the purposes for which they are allotted or paid,

the Chairman shall immediately notify the Secretary of the Treasury and the grant recipient with respect to which such finding was made that no further grants will be made under this subsection to such grant recipient until there is no longer a default or failure to comply or the diversion has been corrected, or, if the compliance or correction is impossible, until such grant recipient repays or arranges the repayment of the Federal funds which have been improperly diverted or expended.

"(8) Except as provided in paragraphs (4), (5), and (6), the Chairman may not make grants under this subsection to more than one entity in any State."

(b) The amendment made by subsection (a)

// 20 USC 956 note. //

shall be effective with

respect to fiscal year 1977 and succeeding fiscal

years.

PAYMENT OF PERFORMERS AND SUPPORTING PERSONNEL

Sec. 105. Section 7 of the National Foundation on the Arts and the Humanities Act of 1965, as amended by section 104(a), is further amended by adding at the ned thereof the following new subsection:

"(g) It shall be a condition of the receipt of any grant under this section that the group, individual, or State entity receiving such grant furnish adequate assurances to the Secretary of Labor that (1) all professional performers and related or supporting professional personnel employed on projects or productions which are financed in whole or in part under this section will be paid, without subsequent deduction or rebate on any account, not less than the minimum compensation as determined by the Secretary of Labor to be the prevailing minimum compensation for persons employed in similar activities; and (2) no part of any project or production which is financed in whole or in part under this section will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employees engaged in such project or production. Compliance with the safety and sanitary laws of the State in which the performance or part thereof is to take place shall be prima facie evidence of compliance. The Secretary of Labor shall have the authority to prescribe standards, regulations, and procedures as he may deem necessary or appropriate to carry out the provisions of this subsection.".

AUTHORIZATIONS OF APPROPRIATIONS

Sec. 106. (a)(1)(A) Section 11(a)(1)(A) of the National Foundation on the Arts and the Humanities Act of 1965 // 20 USC 690. // is amended to read as follows:

" Sec. 11. (a)(1)(A) // 20 USC 954. // For the purpose of carrying out section 5(c), there are authorized to be appropriated $93,500,000 for fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums as may be necessary for fiscal years 1979 and 1980. Of the sums so appropriated for any fiscal year, not less than 20 per centum shall be for carrying out section 5(g).".

(B) Section 11(a)(1)(B) of such Act is amended by striking out all that follows " Humanities" and inserting in lieu thereof the following: "$93,500,000 for fiscal year 1977, $105,000,000 for fiscal year 1978, and such sums as may be necessary for fiscal years 1979 and 1980. Of the sums so appropriated for any fiscal year, not less than 20 per centum shall be carrying out section 7(f).".

(2) Section 11(a)(2) of such Act is amended (A) by striking out " July 1, 1976" and inserting in lieu thereof " October 1, 1980"; and (B) by striking out all that follows "not exceed" and inserting in lieu therof "$20,000,000 for fiscal year 1977, $25,000,000 for fiscal year 1978, and such sums as may be necessary for fiscal years 1979 and 1980.".

(3) Section 11(c) of such Act

// 20 USC 960. //

is amended by iserting before the period a comma and the following: "or any other program for which the Chairman of the National Endowment for the Arts or the Chairman of the National Endowment for the Humanities is responsible".

(b) The amendments made by subsection (a)

// 20 USC 960 note. //

shall be effective with respect to fiscal year 1977 and succeeding fiscal years.

TITLE II-- MUSEUM SERVICES SHORT TITLE

Sec. 201. This title may be cited as the " Museum Services Act".--, // 20 USC 961 note. //

PURPOSE

Sec. 202. It is the purpose of this title // 20 USC 691. // to encourage and assist museums in their educational role, in conjunction with formal systems of elementary, secondary, and post-secondary education and with programs of nonformal education for all age groups; to assist museums in modernizing their methods and facilities so that they may be better able to conserve our cultural, historic, and scientific heritage; and to ease the financial burden borne by museums as a result of their increasing use by the public.

INSTITUTE OF MUSEUM SERVICES

Sec. 203. There is hereby established, within the Department of Health, Education, and Welfare, an Institute of Museum Services. // 20 USC 962. // The Institute shall consist of a National Museum Services Board and a Director of the Institute.

NATIONAL MUSEUM SERVICES

Sec. 204. (a)(1) The Board shall consist of fifteen members appointed by the President, by and with the advice and consent of the Senate. // 20 USC 963. // Such members shall be broadly representative of various museums, including museums relating to science, history, technology, art, zoos, and botancial gardens, of the curatorial, educational, and cultural resources of the United States, and of the general public.

(2)(A) In additin to members appointed by the President under paragraph (1), the following persons shall serve as members of the Board--,

(i) the Chairman of the National Endowment for the Arts; (ii) the Chairman of the National Endowment for the Humanities; (iii) the Secretary of the Smithsonian Institute; (iv) the Director of the National Science Foundation; and (v) the Commissioner of Education.

(B) The members of the Board listed in clause (i) through clause (v) of subparagraph (A) shall be nonvoting members.

(b) The term of office of the appointed members of the Board shall be five yeras, except that--,

(1) any such member appointed to fill a vacancy shall serve only such portion of at term as shall not have expired at the time of such appointment; and

(2) in the case of initial members, three shall serve for terms of five years, three shall serve for terms of four years, three shall serve for terms of three years, three shall serve for terms of two years, and three shall serve for terms of one year, as designated by the President at the time of nomination for appointment.

Any appointed member who has been a member of the Board for more than seven consecutive years shall thereafter be ineligible for reappointment to the Board during the three-year period following the expiration of the last such consecutive year.

(c) The Chairman of the Board shall be disignated by the President from among the appointed members of the Board. Eight appointed members of the Board shall constitute a quorum.

(d) The Board shall meet at the call of the Chairman, except that--,

(1) it shall meet not less than four times each year; and

(2) it shall meet whenever one-third of the appointed members request a meeting in writing, in which event eight of the appointed members shall constitute a quorum.

(e) Members of the Board who are not in the regular full-time employ of the United States shall receive, while engaged in the business of the Board, compensation for service at a rate to be fixed by the President, except that such rate shall not exceed the rate specified at the time of such service for grade GS-18 set forth in section 5332 of title 5, United States Code, // 5 USC 5332 note. // including traveltime, and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons employed in Government service.

(f) The Board shall have the responsibility for the general policies with respect to the powers, duties, and authorities vested in the Institute under this title. The Director shall make available to the Board such information and assistance as may be necessary to enable the Board to carry out its functions.

(g) The Board shall, with the advice of the Director, take steps to assure that the policies and purposes of the Institute are coordinated with other activities of the Federal Government.

DIRECTOR OF THE INSTITUTE

Sec. 205. (a)(1) The Director of the Institute shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. The Director shall be compensated at the rate provided for level V of the Executive Schedule (5 U.S.C. 531 ), and shall perform such duties and exercise such powers as the Board may prescibe.

(2) The Director shall report to the Secretary of Health, Education, and Welfare with respect to the activities of the Institute. The Director shall not delegate any of his functions to any other officer who is not directly responsible to the Director.

(b) The Director shall advise the Board regrding policies of the Institute to assure coordination of the Institute's activities with other agencies and organizations of the Federal Government having interest in and responsibilities for the improvement of museums. Such Government agencies shall include the National Endowment for the Arts, the National Endowment for the Humanities, the National Science Foundation, appropriate units in the Department of Health, Education, and Welfare, the Library of Congress, and the Smithsonian Institute and related organizations.

ACTIVITIES OF THE INSTITUTE

Sec. 206. (a) The Director, subject to the policy direction of the Board, is authorized to make grants to museums to increase and improve museum services, through such activities as--,

(1) programs to enable museums to construct or install displays, interpretations, and exhibitions in order to improve their services to the public;

(2) assisting them in developing and maintaining professionally-trained or otherwise experienced staff to meet their needs;

(3) assisting them to meet their administrative costs in preserving and maintaining their collection, exhibiting them to the public, and providing educational programs to the public through the use of their collections;

(4) assisting museums in cooperation with each other in the development of traveling exhibitions, meeting transportation costs, and identifying and locating collections available for loan;

(5) assisting them in conservation of artifacts and art objects; and

(6) developing and carrying out specialized programs for specific segments of the public, such as programs for urban neighborhoods, rural areas, Inidan reservations, and penal and other State institutions.

(b) Grants under this section for any fiscal year may not exceed 50 per centum of the cost of the program for which the grant is made, except that not more than 20 per centum of the funds available under this section for any fiscal year may be available for grants in such fiscal year without regard to such limitation.

CONTRIBUTIONS

Sec. 207. The Institute shall have authority to accept in the name of the United States, grants, gifts, or bequests of money for immediate disbursement in furtherance of the functions of the Institute. Such grants, gifts, or bequests, after acceptance by the Institute, shall be paid by the donor or his representative to the Treasurer of the United States whose receipt shall be their acquittance. The Treasurer of the United States shall enter in a special account to the credit of the Institute for the purposes in each case specified.

FUNCTIONS OF FEDERAL COUNCIL ON THE ARTS AND THE HUMANITIES

Sec. 208. Section 9(c) of the National Foundation on the Arts and the Humanities Act of 1965 // 20 USC 958. // is amended--,

(1) by redesignating paragraph (2) through paragraph (4) as paragraph (3) through paragraph (5), respectively, and by inserting immediately after paragraph (1) the following new paragraph:

"(2) advise and consult with the National Museum Services Board and with the Director of the Institute of Museum Services on major problems arising in carrying out the purposes of such Institute;";

(2) in paragraph (3) therof, as so redesignated by paragraph (1), by striking out "and" immediately after " Arts" and inserting in lieu thereof a comma, and by inserting "and the Institute of Museum Services," immediately after "humanities," and

(3) in paragraph (4) thereof, as so redesignated by paragraph (1), by inserting "and the Institute of Museum Services" immediately after " Foundation".

AUTHORIZATION OF APPROPRIATIONS

Sec. 209. (a) For the purpose of making grants under section 206 (a), // 20 USC 967. // there are authorized to be appropriated $15,000,000 for fiscal year 1977, $25,000,000 for fiscal year 978, and such sums as may be necessary for each of fiscal years 979 and 980.

(b) There are authorized to be appropriated such sums as may be necessary to administer the provisions of this title.

(c) Sums appropriated pursuant to subsection (a) for any fiscal year shall remain available for obligation and expenditure until expended.

(d) For the purpose of enabling the Institute to carry out its functions under this title, during the period beginning on the date of the enactment of this Act and ending October 1, 1980, there is authorized to be appropriated an amount equal to the amount contributed during such period to the Institute under section 207.

DEFINITIONS

Sec. 210. For the purpose of this title, // 20 USC 968. // the term--,

(1) " Board" means the National Museum Services Board established under section 203;

(2) " Director" means the Director of the Institute established under section 203;

(3) " Institute" means the Institute of Museum Services established under section 203; and

(4) "museum" means a public or private nonprofit agency or institution organized on a permanent basis for essentially educational or esthetic purposes, which, utilizing a professional staff, owns or utilizes tangible objects, cares for them, and exhibits them to the public on a regular basis.

TITLE III-- CHALLENGE GRANT PROGRAMS ESTABLISHMENT OF PROGRAMS

Sec. 301. (a) Section 5 of the National Foundation of the Arts and the Humanities Act of 1965 // 20 USC 954. // is amended by adding at the end thereof the following new subsection:

"(l)(1) The Chairman of the National Endowment for the Arts, with the advice of the National Council on the Arts, is authorized, in accordance with the provisions of this subsection, to establish and carry out a program of contracts with, or grants-in-aid to, public agencies and private nonprofit organizations for the purpose of--,

"(A) enabling cultural orgainzations and institutions to increase the levels of continuing support and to increase the range of contributors to the programs of such organizations or institutions; "(B) providing administrative and management improvements for cultural organizations and institutions, particularly in the field of long-range financial planning; "(C) enabling cultural orgainzations and institutions to increase audience participation in, and appreciation of, programs sponsored by such organizations and institutions; "(D) stimulating greater cooperation among cultural organizations and institutions especially designed to serve better the communities in which such organizations or institutions are located; and "(E) fostering greater citizen involvement in planning the cultural development of a community.

(2) The total amount of any payment made under this subsection for a program or project may not exceed 50 per centum of the cost of such program or project.

"(3) In carrying out the progaram authorized by this subsection, the Chairman of the National Endowment for the Arts shall have the same authority as is established in section 5(c) and section 10.".

// 20 USC 954, 959. //

(b) Section 7 of the National Foundation on the Arts and the Humanities Act of 1965, as amended by section 105, is further amended by adding at the end thereof the following new subsection:

"(h)(1) The Chairman of the National Endowment for the Humanities, with the advice of the National Council on the Humanities, is authorized, in accordance with the provisions of this subsection, to establish and carry out a program of contracts with, or grants-in-aid to, public agencies and private nonprofit organizations for the purpose of--,

"(A) enabling cultural organizations and institutions to increase the levels of continuing support and to increase the range of contributors to the program of such organizations or institutions; "(B) providing administative and management improvements for cultural organizations and institutions, particularly in the field of long-range financial planning; "(C) enabling cultural organizations and institutions to increase audience participation in, and appreciation of, programs sponsored by such organizations and institutions; "(D) stimulating greater cooperation among cultural organizations and institutions especially designed to serve better the communities in which such organizations or institutions are located; "(E) fostering greater citizen involvement in planning the cultural development of a community; and "(F) for bicentennial programs, assessing where our society and Government stand in relation to the founding principles of the Republic, primarily focused on projects which will bring together the public and private citizen sectors in an effort to find new processes for solving problems facing our Nation in its third century.

"(2)(A) Except as provided in subparagraph (B) of this paragraph, the total amount of any payment made under this subsection for a program or project may not exceed 50 per centum of the cost of such program or project.

"(B) The Chairman, with the advice of the Council, may waive all or part of the requirement of matching funds provided in subparagraph (A) of this paragraph, but only for the purpose described in clause (F) of paragraph (1), whenever he determines that highly meritorious proposals for grants and contracts under such clause, could not otherwise be supported from non-Federal sources or from Federal sources other than funds authorized by section 11(a) (3),

// 20 USC 960. //

unless such matching requirement is waived. Such waiver may not exceed 15 per centum of the amount appropriated in any fiscal year and available to the National Endowment on the Humanities for the purpose of this subsection.

"(3) In carrying out the program authorized by this subsection, the Chairman of the National Endowment for the Humanities shall have the same authority as is established in section 7(c) and section 10.".

// 20 USC 956, 959. //

AUTHORIZATION OF APPROPRIATIONS

Sec. 302. Section 11(a) of the National Foundation on the Arts and the Humanities Act // 20 USC 960. // of 1965 is amended by adding at the end thereof the following new paragraph:

"(3)(A) There is authorized to be appropriated for each fiscal year ending before October 1, 1980, to the National Endowment for the Arts an amount equal to the total amounts received by such Endowment for the purposes set forth in section 5(l)(1) pursuant to the authority of section 10(a)(2),

// 20 USC 959. //

except that the amount so appropriated to such Endowment shall not exceed $12,000,000 for fiscal year 1977, and $18,000,000 for fiscal year 1978. Such sums as may be necessary are authorized to be appropriated for fiscal years 1979 and 1980.

"(B) There are authorized to be appropriated for each fiscal year ending before October 1, 1980, to the National Endowment for the Humanities an amount equal to the total amounts received by such Endowment for the purposes set forth in section 7(h)(1) pursuant to the authority of section 10(a)(2),

// 20 USC 959. //

except that the amount so appropriated to such Endowment shall not exceed $12,000,000 for fiscal year 1977, and $18,000,000 for fiscal year 1978. Such sums as may be necessary are authorized to be appropriated for fiscal years 1979 and 1980.

"(C) If either Chairman determines at the end of the ninth month of any fiscal year that funds which would otherwise be available under this paragraph to an Endowment cannot be used, he shall transfer such funds to the other Endowment for the purposes described in section 5(l)(1) or section 7(h)(1), as may be necessary.

"(D) Sums appropriated pursuant to subparagraph (A) and subparagraph (B) for any fiscal year shall remain available for obligation and expenditure until expended.".

TITLE IV-- AMERICAN BICENTENNIAL PHOTOGRAPHY AND FILM PROJECT AMERICAN BICENTENNIAL PHOTOGRAPHY AND FILM PROJECT

Sec. 401. (a) Section 5 of the National Foundation on the Arts and the Humanities Act of 1965, as amended by section 301(a), is further amended by adding at the end thereof the following new subsection:

"(m)(1) From funds appropriated to the Endowment and apportioned to each State pursuant to section 11(a)(4),

// 20 USC 960. //

the Endowment is authorized to provide, by grant or contract, financial assistance to the State arts agency of each State, pursuant to such regulations and guidelines as the Endowment shall establish, to permit such State agency to support one or more photography or film projects meeting the purposes of this subsection. Such assistance shall also be available for acquiring essential supplies, and for administrative or supervisory personnel, and for processing and cataloging, and for the display (and related activities) of the photographs and films produced with assistance under this subsection.

"(2)(A) No financial assistance may be made under this subsection unless an application is made at such time, in such manner, and containing or accompanied by such information, as the Endowment determines is reasonably necessary.

"(B) In providing financial assistance under this subsection, each State shall give consideration to proposals which involve promising and qualified photographers or film makers who are unemployed or underemployed.

"(3) From funds allotted to the Endowment pursuant to section 11(a)(4), the Endowment shall pay the costs of administration, provide for collection and dissemination of a representative collection of photographs and films produced pursuant to this subsection, and provide direct assistance to applicants for photography or film projects of special merit which meet the purposes of this subsection. The Endowment shall assure that representative photographs and films (including, where appropriate, negatives) produced with assistance furnished under this subsection are made available for the permanent collection of the Library of Congress.".

(b) Section 11(a) of the National Foundation on the Arts and the Humanities Act of 1965, as amended by section 302, is further amended by adding at the end thereof the following new paragraph:

"(4)(A) For the purposes of carrying out section 5(m), there are authorized to be appropriated to the National Endowment for the Arts $4,000,000 for fiscal year 1977 and $2,000,000 for fiscal year 1978. Sums appropriated pursuant to this subparagraph shall remain available until expended.

"(B) Not more than 75 per centum of the amounts appropriated pursuant to subparagraph (A) shall be allocated among the States in equal amounts for fiscal year 1977, and not more than 50 per centum of the amounts appropriated pursuant to subparagraph (A) shall be allocated among the States in equal amounts for fiscal year 1978.".

TITLE V--ARTS EDUCATION AMENDMENT TO THE EDUCATION AMENDMENTS OF 1974

Sec. 501. Section 409 of the Education Amendments of 1974 // 20 USC 1867. // is amended by inserting "(a)" after the section designation and by adding at the end thereof the following new subsection:

"(b) Notwithstanding the provisions of section 402(b)(3)(G) and section 402(b)(4) of this Act,

// 20 USC 1861. //

and in addition to sums reserved under that section and made available under subsection (a) of this section, there are authorized to be appropriated $2,000,000 for fiscal year 1978 to carry out the purposes of this section.".

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 1024 (Comm. on Education and Labor) and No. 94 - 1631 (Comm. of Conference).

SENATE REPORTS: No. 94 - 881; No. 94 - 880 accompanying S. 3440 (both from Comm. on Labor and Public Welfare) and No. 94 - 1260 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 26, considered and passed House.

May 20, considered and passed Senate, amended, in lieu of S. 3440.

Sept. 22, Senate agreed to conference report.

Sept. 27, House agreed to conference report.

WEEKLY COMPLIATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42:

Oct. 10, Presidential statement.

PUBLIC LAW 94-461, 90 Stat. 1961, sea grant IMPROVEMENT ACT OF 1976.

94th Congress, H.R. 13035 October 8, 1976
An Act To improve the national sea grant program and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " Sea Grant Program Improvement Act of 1976".

SEC. 2. AMENDMENT TO THE NATIONAL SEA GRANT COLLEGE AND PROGRAM ACT OF 1966. // 33 USC 1121 note. //

Title II of the Marine Resources and Engineering Development Act of 1966 (33 U.S.C. 1101 et seq.) is amended to read as follows:

TITLE II-- NATIONAL SEA GRANT PROGRAM

" SEC. 201. SHORT TITLE.

" This title may be cited as the ' National Sea Grant Program Act'. // 33 USC 1121 note. //

" SEC. 202. DECLARATION OF POLICY.

"(a) Findings.--The Congress finds and declares the following:

"(1) The vitality of the Nation and the quality of life of its citizens depend increasingly on the understanding, assessment, development, utilization, and conservation of ocean and coastal resources. These resources supply food, energy, and minerals and contribute to human health, the quality of the environment, national security, and the enhancement of commerce.

"(2) The understanding, assessment, development, utilization, and conservation of such resources require a broad commitment and an intense involvement on the part of the Federal Government in continuing partnership with State and local governments, private industry, universities, organizations, and individuals concerned with or affected by ocean and coastal resources.

"(3) The National Oceanic and Atmospheric Administration, through the national sea grant program, offers the most suitable locus and means for such commitment and involvement through the promotion of activities that will result in greater such understanding, assessment, development, utilization, and conservation. Continued and increased Federal support of the establishment, development, and operation of programs and projects by sea grant colleges, sea grant regional consortia, institutions of higher education, institutes, laboratories, and other appropriate public and private entities is the most cost-effective way to promote such activities.

"(b) Objective.--The objective of this title is to increase the understanding, assessment, development, utilization, and conservation of the Nation's ocean and coastal resources by providing assistance to promote a stron educational base, responsive research and training activities, and broad and prompt dissemination of knowledge and techniques.

"(c) Purpose.--It is the purpose of the Congress to achieve the objective of this title by extending and strengthening the national sea grant program, initially established in 1966, to promote research, education, training, and advisory service activities in fields related to ocean and coastal resources.

" SEC. 203. DEFINITIONS.

" As used in this title--,

"(1) The term ' Administration' means the National Oceanic and Atmospheric Administration.

"(2) the term ' Administrator' means the Administrator of the National Oceanic and Atmospheric Administration.

"(3) The term 'director' means the Director of the national sea grant program, appointed pursuant to section 204(b).

"(4) the term 'field related to ocean and coastal resources' means any discipline or field (including marine science (and the physical, natural, and biological sciences, and engineering, included therein), marine technology, education, economics, sociology, communications, planning, law, international affairs, and public administration) which is concerned with or likely to improve the understanding, assessment, development, utilization, or conservation of ocean and coastal resources.

"(5) the term 'includes' and variants thereof should be read as if the phrase 'but is not limited to' were also set forth.

"(6) the term 'marine environment' means the coastal zone, as defined in section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(1)); the seabed, subsoil, and waters of the which the United States asserts exclusive fishery management authority; the waters of the high sea; and the seabed and subsoil of and beyond the outer Continental Shelf.

"(7) The term 'ocean and coastal resource' means any resource (whether living, nonliving, manmade, tangible, intangible, actual, or potential) which is located in, derived, from, or traceable to, the marine environment. Such term includes the habitat of any such living resource, the coastal space, the ecosystems, the nutrientrich areas, and the other complnents of the marine environment which contribute to or provide (or which are capable of contributing to or providing) recreational, scenic, esthetic, biological, habitational, commercial, economic, or conservation values. Living resources include natural and cultured plant life, fish, shellfish, marine mammals, and wildlife. Nonliving resources include energy sources, minerals, and chemical substances.

"(8) The term 'panel' neams the sea grant review panel established under section 209.

"(9) The term 'person' means any individual; any public or private corporation, partnership, or other association or entity (including any sea grant college, sea grant regional consortium, institution of higher education, institute, or laboratory); or any State, political subdivision of a State, or agency or officer thereof.

"(10) The term 'sea grant college' means any public or private institution of higher education which is designated as such by the Secretary under section 207.

"(11) The term 'sea grant program' means any prograqm which--,

"(A) is administered by any sea grant college, sea grant regional consortium, institution of higher education, institute,

laboratory, or State or local agency; and

"(B) includes two or more projects involving one or more of the following activities in fields related to ocean and coastal resources:

"(i) research, "(ii) education, "(iii) training, or "(iv) advisory services.

"(12) the term 'sea grant regional consortium' means any association or other alliance which is desgnated as such by the Secretary under section 207.

"(13) the term ' Secretary ' means the Secretary of Commerce.

"(14) the term ' State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Mariana Islands, or any other territory or possession of the United States.

" SEC. 204. NATIONAL SEA GRANT PROGRAM. // 33 USC 1123. //

"(a) In General.--The Secretary shall maintain, within the Administration, a program to be known as the national sea grant program. The national sea grant program shall consist of the financial assistance and other activities provided for in this title. The Secretary shall establish long-range planning guidelines and priorities for, and adequately evaluate, this program.

"(b) Director.--(1) The Secretary shall appoint a Director of the national sea grant program who shall be a qualified individual who has--,

"(A) knowledge or expertise in fields related to ocean and coastal resources; and

"(B) appropriate administrative experience.

"(2) The Director shall be appointed and compensated, without regard to the provisions of title 5, United States Code, // 5 USC 3301 et seq. // governing appointments in the competitive service, at a rate not in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of such title. // 5 USC 5332 note. //

"(c) Duties.--The Director shall administer the national sea grant program subject to the supervision of the Secretary and the Administrator. In addition to any other duty prescribed by law or assigned by the Secretary, the Director shall--,

"(1) apply the long-range planning guidelines and the priorities established by the Secretary under subsection (a);

"(2) advise the Administrator with respect to the expertise and capabilities which are available within or through the national sea grant program, and provide (as directed by the Administrator) those which are or could be of use to other offices and activities within the Administration;

"(3) evaluate activities conducted under grants and contracts awarded pursuant to section 205 and 206 to assure that the objective set forth in section 202(b) is implemented;

"(4) encourage other Federal departments, agencies, and instrumentalities to use and take advantage of the expertise and capabilities which are available through the national sea grant program, on a cooperative or other basis;

"(5) advise the Secretary on the designation of sea grant colleges and sea grant regional consortia and, in appropriate cases, if any, on the termination or suspension of any such designation; and

"(6) encourage the formation and growth of sea grant programs.

"(d) Powers.--To carry out the provisions of this title, the Secretary may--,

"(1) appoint, assign the duties, transfer, and fix the compensation of such personnel as may be necessary, in accordance with the civil service laws; except that five positions may be established without regard to the provisions of title 5, United States Code,

// 5 USC 3301 et seq. //

governing appointments in the competitive service, but the pay rates for such positons may not exceed the maximum rate for GS-18 of the General Schedule under section 5332

// 5 USC 5332 note. //

of such title;

"(2) make appointments with respect to temporary and intermittent services to the same extent as is authorized by section 3109 of title 5, United States Code;

"(3) publish or arrange for the publication of, and otherwise dissenimate, in cooperation with other services, offices, and programs in the Administration, and information of research, educational, training, and other value in fields related to ocean and coastal resources and with respect to ocean and coastal resources, without regard to section 501 of title 44, United States Code;

"(4) enter into contracts, cooperative agreements, and other transactions without regard to section 3709 of the Revised Statutes of the United States (41 U.S.C. 5);

"(5) accept donations and voluntary and uncompensated services, notwithstanding section 3679 of the Revised Statutes of the Unites States (31 U.S.C. 665(b)); and

"(6) issue such rules and regulations as may be necessary and appropriate.

" SEC. 205. CONTRACTS AND GRANTS. // 33 USC 1124. //

"(a) In General.--The Secretary may make grants and enter into contracts under this subsection to assist any sea grant program or project if the Secretary finds that such program or project will--,

"(1) implement the objective set forth in section 202(b);

and

"(2) be responsive to the needs or problems of individual States or regions.

The total amount paid pursuant to any such grant or contract may equal 66 2/3 percent, or any lesser percent, of the total cost of the sea grant program or project involved.

"(b) Special Grants.--The Secretary may make special grants under this subsection to implement the bojective set forth in section 202(b). The amount of any such grant may equal 100 percent, or any lesser percent, of the total cost of the project involved. No grant may be made under this subsection unless the Secretary finds that--,

"(1) no reasonable means is available through which the applicant can meet the matching requirement for a grant under subsection (a);

"(2) the probable benefit of such project outweighs the public interest in such matching requirement; and

"(3) the same or equivalent benefit cannot be obtained through the award of a contract or grant under subsection (a) or section 206.

The total amount which may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 1 percent of the total funds appropriated for such year pursuant to section 212.

"(c) Eligibility and Procedure.--Any person may apply to the Secretary for a grant or contract under this section. Application shall be made in such form and manner, and with such content and other submissions, as the Secretary shall by regulation prescribe. The Secretary shall act upon each such application within 6 months after the date on which all required information is received.

"(d) Terms and Conditions.--(1) Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in paragraphs (2), (3), and (4) and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate.

"(2) No payment under any grant or contract under this section may be applied to--,

"(A) the purchase or rental of any land; or "(B) the purchase, rental, construction, preservation, or repair of any building, dock, or vessel;

except that payment under any such grant or contract may, if approved by the Secretary, be applied to the purchase, rental, construction, preservation, or repair of non-self-propelled habitats, buoys, platforms, and other similar devices or structures, or to the rental of any research vessel which is used in direct support of activities under any sea grant program or project.

"(3) The total amount which may be obligated for payment pursuant to grants made to, and contracts entered into with, persons under this section within any one State in any fiscal year shall not exceed an amount equal to 15 percent of the total funds appropriated for such year pursuant to section 212.

"(4) Any person who receives or utilizes any proceeds of any grant or contract under this section shall keep such records as the Secretary shall by regulation prescribe as being necessary and appropriate to facilitate effective audit and evaluation, including records which fully disclose the amount and disposition by such recipient of such proceeds, the total cost of the program or project in connection with which such proceeds were used, and the amount if any, of such cost which was provided through other sources. Such records shall be maintained for 3 years after the completion of such a program or project. The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access, for the purpose of audit and evaluation, to any books, documents, papers, and records of receipts which, in the opinion of the Secretary or of the Comptroller General, may be related or pertinent to such grants and contracts.

" SEC. 206. NATIONAL PROJECTS. // 33 USC 1125. //

"(a) In General.--The Secretary shall identify specific national needs and problems with respect to ocean and coastal resources. The Secretary may make grants or enter into contracts under this section with respect to such needs or problems. The amount of any such grant or contract may equal 100 percent, or any lesser percent, of the total cost of the project involved.

"(b) Eligibility and Procedure.--Any person may apply to the Secretary for a grant or contract under this section. In addition, the Secretary may invite applications with respect to specific national needs or problems identified under subsection (a). Application shall be made in such form and manner, and with such content and other submissions, as the Secretary shall by regulation prescribe. The Secretary shall act upon each such application within 6 months after the date on which all required information is received. Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in section 205(d) (2) and (4) and to such other terms, conditions, and requirements as the Secretary deems necessary or appropriate.

"(c) Authorization for Appropriations.--There is authorized to be appropriated for purposes of carrying out this section not to exceed $5,000,000 for the fiscal year ending September 30, 1977. Such sums as may be appropriated pursuant to this subsection shall remain available until expended. The amounts obligated to be expended for the purposes set forth in subsection (a) shall not, in any fiscal year, exceed an amount equal to 10 percent of the sums appropriated for such year pursuant to section 212.

" SEC. 207. SEA GRANT COLLEGES AND SEA GRANT REGIONAL CONSORTIA. // 33 USC 1126. //

"(a) Designation.--(1) The Secretary may designate--,

"(A) any institution of higher education as a sea grant college; and

"(B) any association or other alliance of two or more persons (other than individuals) as a sea grant regional consortium.

"(2) No institution of higher education may be designated as a sea grant college unless the Secretary finds that such institution--,

"(A) is maintaining a balanced program of research, education, training, and advisory services in fields related to ocean and coastal resources and has received financial assistance under section 205 of this title or under section 204(c) of the National Sea Grant College and Program Act of 1966;

// 33 USC 1124, 1123. //

"(B) will act in accordance with such guidelines as are prescribed under subsection (b)(2); and

"(C) meets such other qualifications as the Secretary deems necessary or appropriate.

The designation of any institution as a sea grant college under the authority of such Act of 1966 // 33 SUC 1121 note. // shall, if such designation is in effect on the day before the date of the enactment of the Sea Grant Program Improvement Act of 1976, be considered to be a designation made under paragraph (1) so long as such institution complies with subparagraphs (B) and (C).

"(3) No association or other alliance of two or more persons may be designated as a sea grant regional consortium unless the Secretary finds that such association or alliance--,

"(A) is established for the purpose of sharing expertise, research, educational facilities, or training facilities, and other capabilities in order fto facilitate research, education, training, and advisory services, in any field related to ocean and coastal resources;

"(B) will encourage and follow a regional approach to solving problems or meeting needs relating to ocean and coastal resources, in cooperation with appropriate sea grant colleges, sea grant programs, and other persons in the region;

"(C) will act in accordance with such guidelines as are prescribed under subsection (b)(2); and

"(D) meets such other qualifications as the Secretary deems necessary or appropriate.

"(b) Regulations.--The Secretary shall by regulation prescribe--,

"(1) the qualifications required to be met under paragraphs (2)(C) and (3)(D) of subsection (a); and

"(2) guidelines relating to the activities and responsibilities of sea grant colleges and sea grant regional consortia.

"(c) Suspension or Termination of Designation.--The Secretary may, for cause and after an opportunity for hearing, suspend or terminate any designation under subsection (a).

" SEC. 208. SEA GRANT FELLOWSHIPS. // 33 USC 1127. //

"(a) In General.--The Secretary shall support a sea grant fellowship program to provide educational and training assistance to qualified individuals at the undergraduate and graduate levels of education in fields related to ocean and coastal resources. Such fellowships shall be awarded pursuant to guidelines established by the Secretary. Sea grant fellowships may only be awarded by sea grant colleges, sea grant regional consortia, institutions of higher education, and professional associations and institutes.

"(b) Limitation on Total Fellowship Grants.--The total amount which may be provided for grants under the sea grant fellowship program during any fiscal year shall not exceed an amount equal to 5 percent of the total funds appropriated for such year pursuant to section 212.

" SEC. 209. SEA GRANT REVIEW PANEL. // 33 USC 1128. //

"(a) Establishment.--There shall be established an independent committee to be known as the sea grant review panel. The panel shall, on the 60th day after the date of the enactment of the Sea Grant Program Improvement Act of 1976, supersede the sea grant advisory panel in existence before such date of enactment.

"(b) Duties.--The panel shall take such steps as may be necessary to review, and shall advise the Secretary, the Administrator, and the Director with respect to--,

"(1) applications or proposals for, and performance under, grants and contracts awarded under section 205 and 206;

"(2) the sea grant fellowship program;

"(3) the designation and operation of sea grant colleges and sea grant regional consortia, and the operation of sea grant programs;

"(4) the formulation and application of the planning guidelines and priorities under section 204 (a) and (c)(1); and

"(5) such other matters as the Secretary refers to the panel for review and advice.

The Secretary shall make available to the panel such information, personnel, and administrative services and assistance as it may reasonbly require to carry out its duties.

"(c) Membership, Terms, and Powers.--(1) The panel shall consist of 15 voting members who shall be appointed by the Secretary. The Director shall serve as a nonvoting member of the panel. Not less than five of the voting members of the panel shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in one or more of the disciplines and fields included in marine science. The other voting members shall be individuals who, by reason of knowledge, experience, or training, are especially qualified in, or representative of, education, extension services, State government, industry, economics, planning, or any other activity which is appropriate to, and important for, any effort to enhance the understanding, assessment, development, utilization, or conservation of ocean and coastal resources. No individual is eligible to be a voting member of the panel if the individual is (A) the director of a sea grant college, sea grant regional consortium, or sea grant program; (B) an applicant for, or beneficiary (as determined by the Secretary) of, any grant or contract under section 205 or 206; or (C) a full-time officer or employee of the United States.

"(2) The term of office of a voting member of the panel shall be 3 years, except that of the original appointees, five shall be appointed for a term of 1 year, five shall be appointed for a term of 2 years, and five shall be appointed for a term of 3 years.

"(3) Any individual appointed to fill a vacancy occurring before the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. No individual may be appointed as a voting member after serving one full term as such a member. A voting member may serve after the date of the expiration of the term of office for which appointed until his or her sucessor has taken office, or until 90 days after such date, whichever is earlier.

"(4) The panel shall select one voting member to serve as the Chairman and another voting member to serve as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman.

"(5) Voting members of the panel shall--,

"(A) receive compensation at the daily rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code, when actually engaged in the performance of duties for such panel; and "(B) be reimbursed for actual and reasonable expenses incurred in the performance of such duties. "(6) The panel shall meet a on a biannual basis and, at any other time, at the call of the Chairman or upon the request of a majority of the voting members or of the Director. "(7) The panel may exercise such powers as are reasonably necessary in order to carry out its duties under subsection (b).

" SEC. 210. INTERAGENCY COOPERATION.

" Each department, agency, or other instrumentality of the Federal Government which is engaged in or concerned with, or which has authority over, matters relating to ocean and coastal resources--,

"(1) may, upon a writter request from the Secretary, make available, on a reimbursable basis or otherwise any personnel (with their consent and without prejudice to their position and rating), service, or facility which the Secretary deems necessary to carry out any provision of this title;

"(2) shall, upon a written request from the Secretary, furnish any available data or other information which the Secretary deems necessary to carry out any provisions of this title; and

"(3) shall cooperate with the Administration and duly authorized officials thereof.

" SEC. 211. ANNUAL REPORT AND EVALUATION.

"(a) Annual Report.--The Secretary shall submit to the Congress and the President, not later than February 15 of each year, a report on the activities of, and the outlook for, the national sea grant program.

"(b) Evaluation.--The Director of the Office of Management and Budget and the Director of the Office of Science and Technology Policy, in the Executive Office of the President, shall have the opportunity to review each report prepared pursuant to subsection (a). Such Directors may submit, for inclusion in such report, comments and recommendations and an independent evaluation of the national sea grant program. Such material shall be transmitted to the Secretary not later than February 1 of each year, and the Secretary shall cause it to be published as a separate section in the annual report submitted pursuant to subsection (a).

" SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.

" There is authorized to be appropriated for purposes of carrying out the provisions of this title (other than section 206) not to exceed $50,000,000 for the fiscal year ending September 308 1977. Such sums as may be approrpriated under this section shall remain available until expended.".

SEC. 3. INTERNATIONAL COOPERATION ASSISTANCE. // 33 USC 1124a. //

(a) In General.--The Secretary of Commerce (hereafter in this section referred to as the " Secretary") may enter into contracts and make grants under this section to--,

(1) enhance the research and development capability of developing foreign nations with respect to ocean and coastal resources, as such term is defined in section 203 of the National Sea Grant Program Act; and

(2) promote the international exchange of information and data with respect to the assessment, development, utilization, and conservation of such resources.

(b) Eligibility and Procedure.--Any sea grant college and sea grant regional consortium (as defined in section 203 of the National Sea Grant Program Act) and any institution of higher eduction, laboratory, or institute (if such institution, laboratory, or institute is located within any State (as defined in section 203) may apply for an receive financial assistance under this section. Each grant or contract under this section shall be made pursuant to such requirements as the Secretary shall, after consultation lwith the Secretary of State, by regulation prescribe. Application shall be made in such form, and with such content and other submissions, as may be so required. Before approving any application for a grant or contract under this section, the Secretary shall consult with the Secretary of State. Any grant made, or contract entered into, under this section shall be subject to the limitations and provisions set forth in section 205(d) (2) ( ns (4) of the National Sea Grant Program Act and to such other terms, condtions, and requirements as the Secretary deems necessary or appropriate.

(c) Authorization for Appropriations.--There is authorized to be appropriated for purposes of carrying out this section not to exceed $3,000,000 for the fiscal year ending September 30, 1977. Such sums as may be appropriated under this section shall remain available until expended.

SEC. 4. CONFORMING AND MISCELLANEOUS PROVISIONS.

(a) Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph:

"(65) Administrator, National Oceanic and Atmospheric Administration.".

(b) Section 5315 of tile 5, United States Code, is amended by

adding at the end thereof the following new paragraphs:

"(109) Deputy Administrator, National Oceanic and Atmospheric Administration.

"(110) Associate Administrator, National Oceanic and Atmospheric Administration.".

(c)(1) Section 2(d) of Reorganization Plan Numbered 4 of 1970 (84 Stat. 2090) is amended by striking out " Level V" and "5 U.S.C. 5316)" and inserting in lieu thereof " Level IV" and "(5 U.S.C. 5315)", respectively.

(2) The individual serving as the Associate Administrator of the National Oceanic and Atmospheric Administration (pursuant to section 2( d) of Reorganization Plan Numbered 4 of 1970) on the date of the enactment of this Act shall continue as the Associate Administrator, notwithstanding the provisions of paragraph (1).

LEGISLATIVE HISTORY:

HOUSE reports No. 94 - 1048 (Comm. on Merchant Marine and Fisheries) and No. 94 - 1556 (Comm. of Conference).

SENATE REPORTS No. 94 - 848 accompanying S. 3165 (Committees on Labor and Public Welfare and Commerce).

CONGRESSIONAL RECORD, Vol. 122 (1976):

May 3, considered and passed House.

June 14, considered and passed Senate, amended, in lieu of S. 3165.

Sept. 17, Senate agreed to conference report.

Sept. 23, House agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42:

PUBLIC LAW 94-460, 90 Stat. 1945, Health Maintenance Organization Amendments Of 1976.

94th Congress, H.R. 9019 October 8, 1976
An Act To amend title XIII of the Public Health Service Act to revise and extend the program for the establishment and expansion of health maintenance organizations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE; REFERENCE TO ACT

Section 1. (a) This Act may be cited as the " Health Maintenance Organization Amendments of 1976". // 42 USC 201 note. //

(b) Whenever in title I an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act. // 42 USC 201 note. //

TITLE I-- AMENDMENTS TO TITLE XIII OF THE PUBLIC HEALTH SERVICE ACT SUPPLEMENTAL HEALTH SERVICES

Sec. 101. (a) Section 1301(b)(1) // 42 USC 300e. // is amended by adding at the end the following: " A health maintenance organization may include a health service, defined as a supplemental health service by section 1302(2), in the basic health services provided its members for a basic health services payment described in the first sentence.".

(b) The first sentence of section 1301(b)(2) is amended by striking out "the organization shall provide" and all that follows in that sentence and substituting "the organization may provide to each of its members any of the health services which are included in supplemental health services (as defined in section 1302(2)).". // 42 USC 300e - 1. //

(c) Section 1301(b)(4) is amended by striking out "and supplemental health services in the case of the members who have contracted therefor" and substituting "and only such supplemental health services as members have contracted for".

STAFFING

Sec. 102. (a)()1 The first sentence of section 1301(b)(3) // 42 USC 300e. // is amended (A) by striking out "or through" and by substituting ", through", (B) by striking out "(or groups) of" and substituting "(or groups), through an", and (C) by inserting after "(or associations)" the follwing: ", through health professionals who have contracted with the health maintenance organization for the provision of such services, or through any combination of such staff, medical group (or groups), individual practice association (or associations), or health professionals under contract with the organization".

(2) Section 1301(b)(3) is amended by adding after the first sentence the following: " A health maintenance organization may also, durng the thirty-six month period beginning with the month following the month in which the organization becomes a qualified health maintenance organization (within the meaning of section 1310(d)), // 42 USC 300e / 9. // provide basic and supplemental health services through an entity which but for the requirement of section 1302(4)(C)(i) // 42 USC 300e - 1. // would be a medical group for purposes of this title. After the expiration of such period, the organization may provide basic or supplemental health services through such an entity only if authorized by the Secretary in accordance with regulations which take into consideration the unusual circumstances of such entity. A health maintenance organization may not, in any of its fiscal years, enter into contracts with health professionals or entities other than medical groups or individual practice associations if the amounts paid under such contracts for basic and supplemental health services exceed fifteen percent of the total amount to be paid in such fiscal year by the healthe maintenance organization to physicians for the provision of basic and supplemental health services, or, if the health maintenance organization principally serves a rural area, thirty percent of such amount, except that this sentence does not apply to the entering into of contracts for the purchase of basic and supplemental health services through an entity which but for the requirements of section 1302(4)(C)( i) would be a medical group for purposes of this title. Contracts between a health maintenance organization and health professionals for the provision of basic and supplemental health services shall include such provisions as the Secretary may require (including provisions requiring appropriate continuing education).".

(b)(1) Section 1302(4) // 42 USC 300e - 1. // (C) is amended (A) by striking out clause (iv), (B) by redesignation clause (v) as clause (iv), and (C) by inserting "and" at the end of clause (iii).

(2) Section 1302(5)(B) is amended (A) by striking out clause (i), and (B) by redesignation clauses (ii) and (iii) as clauses (i) and (ii), respectively.

OPEN ENROLLMENT

Sec. 103. (a) Section 1301(c) // 42 USC 300e. // is amended by amending paragraph (4) to read as follows:

"(4) have an open enrollment period in accordance with the provisions of subsection (d);".

(b) Section 1301 is amended by adding at the end thereof the following:

"(d)(1)(A) A health maintenance organization which--,

"(i) has for at least 5 years provided comprehensive health services on a prepaid basis, or "(ii) has an enrollment of at least 50,000 members,

shall have at least once during each fiscal year next following a fiscal year in which it did not have a financial deficit an open enrollment period (determined under subparagraph (B)) during which it shall accept individuals for membership in the order in which they apply for enrollment and, except as provided in paragraph (2), without regard to preexisting illness, medical condition, or degree of disability.

"(B) An open enrollment period for a health maintenance organization shall be the lesser of--,

"(i) 30 days, or "(ii) the number of days in which the organization enrolls a number of individuals at least equal 3 percent of its total net increase in enrollment (if any) in the fiscal year preceding the fiscal year in which such period is held.

For the purpose of determining the total net increase in enrollment in a health maintenance organization, there shall not be included any individual who is enrolled in the organization through a group which had a contract for health care services with the health maintenance organization at the time that such health maintenance organization was determined to be a qualified health maintenance organization under section 1301.

// 42 USC 300e - 9. //

"(2) Notwithstanding the requirement of paragraph (1) a health maintenance organization shall not be required to enroll individuals who are confined to an institution because of chronic illness, permanent injury, or other infirmity which would cause economic impairment to the health maintenance organization if such individual were enrolled. "(3) A health maintenance organization may not be required to make the effective date fo benefits for individuals enrolled under this subsection less than 90 days after the date of enrollment. "(4) The Secretary may waive the requirements of this subsection for a health maintenance organization which demonstrates that compliance with the provisions of this subsection would jeopardize its economic viability in its service area.". DEFINITION OF SERVICES

Sec. 104. (a)(1) Paragraph (1)(H) of section 1302 // 42 USC 300-1. // is amended to read as follows:

"(H) preventive health services (including (i) immunizations, (ii) well-child care from birth, (iii) periodic health evaluations for adults, (iv) voluntary family planning services, (v) infertility services, and (vi) children's eye and ear examinations conducted to determine the need for vision and hearing correction).".

(2) Paragraph (1) of section 1302 is amended by striking out "or podiatrist" each place it occurs and substituting "podiatrist, or other health care personnel".

(b) Paragraph (2) of such section is amended--,

(1) by striking out "under paragraph (1)(A) or (1)(H)" in subparagraphs (B) and (C); (2) by striking out "and" at the end of subparagraph (E), by striking out the period at the end of subparagraph (F) and substituting "; and", and by adding after

subparagraph (F) the

following:

"(G) other health services which are not included as basic health services and which have been approved by the Secretary for delivery as supplemental health services.";

(3) by striking out "or podiatrist" each place it occurs and substituting "podiatrist, or other health care personnel".

COMMUNITY RATING

Sec. 105. (a)(1) Section 1301(b)(1) // 42 USC 300e. // is amended by adding at the end thereof the following new sentence: " In the case of an entity which before it became a qualified health maintenance organization (within the meaning of section 1310(d)) provided comprehensive health services on a prepaid basis, the requirement of clause (C) shall not apply to such entity until the expiration of the forty-eight month period beginning with the month following the month in which the entity became such a qualified health organization.".

(2) The last sentence of section 1301(b)(2) // 42 USC 300e. // is amended by inserting before the period the following: "except that, in the case of an entity which before it became a qualified health maintenance organization (within the meaning of section 1310(d)) // 42 USC 300e-9. // provided comprehensive health services on a prepaid basis, the requirement of this sentence shall not apply to such entity during the forty-eight month period beginning with the month following the month in which the entity became such a qualified health maintenance organization".

(3) Section 1306(b) // 42 USC 300e-5. // is amended (A) by striking out "and" at the end of paragraph (6), (B) by redesignating paragraph (7) as paragraph (8), and (C) by inserting after paragraph (6) the following new paragraph:

"(7) the application contains such assurances as the Secretary may require respecting the intent and the ability of the applicant to meet the requirement of paragraphs (1) and (2) of section 1301(b) respecting the fixing of basic health services payments and supplemental health services payments under a community rating system; and"

(b) Section 1302(8)(A) // 42 USC 300e-1. // is amended by inserting "differences in marketing costs and" after "reflect".

(c) Subparagraph (B) of section 1302(8) is redesignated as subparagraph (C) and the following new subparagraph is inserted after subparagraph (A):

"(B) Nominal differentials in such rates may be established to reflect the compositing of the rates of payment in a systematic manner to accommodate group purchasing practices of the various employers.".

MEDICAL GROUP REQUIREMENTS

Sec. 106. (a) Section 1302(4)(C) // 42 USC 300e-1. // is amended by striking out "(i) as their principal professional activity and as a group responsibility engage in the coordinated practice of their profession for a health maintenance organization" and substituting "(i) as their principal professional activity engage in the coordinated practice of their profession as as a group resposibility have substantial responsibility for the delivery of health services to members of a health maintenance organization".

(b) Section 1302(4)(C)(ii) is amended by striking out "plan" and substituting "similar plan unrelated to the provision of specific health services".

(c) 1302(4)(C) (as amended by section 102(b)(1)) is amended by--,

(1) striking "and" before"(iv)", and

(2) striking the period at the end of subparagraph (C) and substituting "; and (v) establish an arrangement whereby a member's enrollment status is not known to the health professional who provides health services to the member.".

INCREASE IN LIMITS ON ASSISTANCE FOR FEASIBILITY SURVEYS, PLANNING, INITIAL DEVELOPMENT, AND INITIAL OPERATION

Sec. 107. (a) Sectoin 1303(e) // 42 USC 300e-2. // is amended by striking "$50,000" and substituting "$75,000".

(b)(1) Section 1304(f)(1)(A) // 42 USC 300e-3. // is amended by striking "$125,000" and substituting "$200,000".

(2) Section 1304(f)(2)(A) is amended by inserting after "$1,000,000" the following: "or, in the case of a project for a health maintenance organization which will provide services to an additional service area (as defined by the Secretary) or which will provide services in one or more areas which are nto contiguous, $1,600,000".

(c) Section 1305(a) // 42 USC 300e-4. // is amended by striking out "first thrity-six months" each place it occurs and substituting "first sixty months".

LOAN GUARANTEES FOR PRIVATE ENTITIES

Sec. 108. (a) Section 1304(a)(2) // 42 USC 300e-3. // is amended to read as follows:

"(2) guarantee to non-Federal lenders payment of the principal of and the interest on loans made to--,

"(A) nonprofit private entities for planning projects for the establishment ro expansion of health maintenance organizations, or "(B) other private entities for such projects for health

maintenance organizations which will serve medically underserved

populations.".

(b) Section 1304(b)(1)(B) is amended to reas as follows:

"(B) guarantee to non-Federal lenders payment of the principal of and the interest on loans made to--,

"(i) nonprofit private entities for projects for the initial development of health maintenance organizations, or "(ii) other private entities for such projects for health maintenance organizations which will serve medically underserved populations.".

(c) Section 1305(a)(3) // 42 USC 300e-4. // is amended to read as follows:

"(3) guarantee to non-Federal lenders payment of the principal of and the interest on loans made to--,

"(A) nonprofit private health maintenance organizations for the amounts referred to in paragraph (1) or (2), or "(B) other private health amintenance organizations for such amounts but only if the health maintenance organization will serve a medically underserved population.".

(d) (1) Section 1304(d) is amended by adding at the end the following new sentence: " In considering applications for loan guarantees under this section, the Secretary shall give special consideration to applications for projects for health maintenance organizations which will serve medically underserved populations.".

(2) Section 1305 is amended by adding at the end therof the following new subsection:

"(f) In considering applicatins for loan guarantees under this section, the Secretary shall give special consideration to applications for health maintenance organizatins which will serve medically underserved populations.".

MISCELLANEOUS AMENDMENTS

Sec. 109. (a)(1) Section 1305(a) // 42 USC 300e-4. // is amended by striking out "in the period of" in paragraphs (1) and (2) and substituting "during a period not to exceed".

(2) The last sentence of 1305(b)(1) is amended to read as follows: " In any fiscal year the amount disbursed to a health maintenance organization under this section (either directly by the Secretary or by an escrow agent under the terms of an escrow agreement or by a lender under a loan guaranteed under this section) may not exceed $1,000,000.".

(b)(1) Section 1307(e) // 42 USC 300e-6. // is amended--,

(A) by inserting "for a private health maintenance organization (other than a private nonprofit health maintenance organization)" after "may be made", and

(B) by inserting "for private health maintenance organizations (other than private nonprofit health meaintenance organizations)" after "guaranteed".

(2) Section 1308(c) // 42 USC 300e-7. // is amended by adding after paragraph (4) the following new paragraph:

"(5) Any reference in this title (other than in this subsection and in subsection (d)) to a loan guarantee under this title does not include a loan guarantee made under this subsection.".

(c)(1) Section 1308(b)(2)(A) is amended by striking out "for similar loans" and substituting "for loans with similar maturities, terms, conditions, and security".

(2) Section 1308(b)(2)(D) is amended by striking out "loans guaranteed under this title" and substituting "marketable obligations of the United States of comparable matutites, adjusted to provide for appropriate administrative charges".

(d)(1) The last sentence of section 1303(i) // 42 USC 300e-2. // is amended--,

(A) by striking "the fiscal year ending June 30, 1974, or June 30, 1975," and substituting "any fiscal year"; and

(B) by striking "for projects otherthan those described in clause (1) of such sentence" and substituting "for any project, with priority being given to projects described in clause (1) of such sentence". The last sentence of section 1304(k)(1)

// 42 USC 300e-3. // is amended--,

(A) by striking "the fiscal year ending June 30, 1974, or June 30, 1975," and substituting "any fiscal year";and

(B) by striking "for projects other than those described in clause (A) of such sentence" ans substituting "for any project, with priority being given to projects described in clause (A) of such sentence".

(3) The last sentence of section 1304(k)(2) is amended--,

(A) by striking "the fiscal year ending June 30, 1974, or in either of the next two fiscal years" and substituting "any fiscal year"; and

(B) by striking "for projects other than those described in clause (A) os such sentence" ans substituting "for any project, with priority being given to projects described in clause (A) of such sentence".

(e) Section 1304(b)(2)(D) is amended by striking out "for such an organization" and substituting "who will engage in practice principally for the health maintenance organization".

EMPLOYEE HEALTH BENEFITS PLANS

Sec. 110. (a) Section 1310 // 42 USC 300e-9. // is amended--,

(1) by amending subsection (a) to read as follows:

" Sec. 1310. (a)(1) In accordance with regulations which the Secretary shall prescribe--,

"(A) each employer--, "(i) which is now or hereafter required during any calendar quarter to pay its employees the minimum wage prescribed by section 6 of the Fair Labor Standards Act of 1938

// 29 USC 206. //

(or would be required to pay its employees such wage

but for section 13(a) of such Act),

// 29 USC 213. //

and

"(ii) which during such calendar quarter employed an average number of employees of not less than 25, shall include in any health benefits plan, and "(B) any State and each political subdivision thereof which during any calendar quarter employed an average number of employees of not less than 25, as a condition of the payment to the State of funds under section 314(d),

// 42 USC 246, 247b, 247c, 300a, 300m-4, 300p-3. //

317, 318, 1002, 1525, or 1613,

shall include in any health benefits plan,

offered to such employees in the calendar year beginning after such calendar quarter to option of membership in qualified health maintenance organization which are engaged in the provision of basic health services in health maintenande organization service areas in which at least 25 of such employees reside.

"(2) If any of the employees of an employer or State or political subdivision thereof described in paragraph (1) represented by a collective bargaining representative or other employee representative designated or selected under any law, offer of membership in a qualified health maintenance organization required by paragraph (1) to be made in a health benefits plan offered to such employees (A) shall first be made to such collective bargaining representative or other employee representative, and (B) if such offer is accepted by such representative, shall then be made to each such employee.";

(2) by amending paragraphs (1) and (2) of subsection (b) to read as follows: "(1) one or more of such organizations provides basic health services (A) without the use of an individual practice association and (B) without the use of contracts (except for contracts for unusual or infrequently used services) with health professionals, and "(2) one or more of such organizations provides basic health services through (A) an individual practice association (or associations), (B) health professionals who have contracted with the health maintenance organization for the provision of such services, or (C) a combination of such association (or associations) or health professionals under contract with the organization,"; (3) by striking out the last sentence of subsection (c); and (4) by adding after subsection (d) the following new subsections: "(e)(1) Any employer who knowingly does not comply with one or more of the requirements of subsection (a) shall be subject to a civil penalty of not more than $10,000. If such noncompliance countinues, a civil penalty may be assessed and collected under this subsection for each thirty-day period such noncompliance continues. Such

penalty may be assessed by the Secretary and collected

in a civil action brought by the United States in a

United States district court.

"(2) In any proceeding by the Secretary to assess a civil penalty under this subsection, no penalty shall be assessed until the employer charged shall habe been given notice and an opportunity to present its views on such charge. In determining the amount of

the penalty,

or the amount agreed upon in compromise, the Secretary

shall consider

the gravity of the noncompliance and the demonstrated

good faith of

the employer charged in attempting to achieve rapid

compliance after

notification by the Secretary of a noncompliance.

"(3) In any civil action brought ot review the assessment of a civil penalty assessed under this subsection, the court shall, at the request of any party to such action, hold a trial de novo on the assessment of such civil penalty and in any civil action to collect such a civil penalty, the court shall, at the request of any party to such action, hold a trial de novo on the assessment of such civil penalty unless in a prior civil action to review the assessment of such penalty the court held a trial de novo on such assessment. "(f) For purposes of this section, the term 'employer' does not include (1) the Government of the United States, the government of the District of Columbia or any territory or possession of the United States, a State or any political subdivision thereof, or any agency or instrumentality (including the United States Postal Service and Postal Rate Commission) of any of the foregoing; or

(2) a church,

convention or association of churches, or any

organization operated.

supervised or controlled by a church, convention or

association of

churches which organization (A) is an organization

described in section

501(c)(3) of the Internal Revenue Code of 1954,

// 26 USC 501. //

and (B) does

not discriminate (i) in the employment, compensation,

promotion, or

termination of employment of any personnel, or (ii) in

the extension

of staff or other privileges to any physician or other

health personnel,

because such persons seek to obtain or obtained health

care, or

participate in providing health care, through a health

maintenance

organization.

"(g) If the Secretary, after reasonable notice and opportunity for hearing to a State, finds that it or any of its political subdivisions has failed to comply with one or more of the requirement of subsection (a), the Secretary shall terminate payments to such State under sections 314(d),

// 42 USC 246, 247b, 427c, 300a, 300m-4 300p-3. //

317, 318, 1002, 1525, and 1613 and notify the

Governor of such State further payments under such

sections will

not be made to the State until the Secretary is

satisfied that there will

no longer be any such failure to comply.

"(h) The duties and functions of the Secretary, insofar as they involve making determinations as to whether an organization is a qualified health maintenance organization within the meaning of subsection (d), shall be administered thorugh the Assistant Secretary for Health, and in the Office of the Assistant Secretary for health and the administration of such duties and functions shall be integrated with the administration of section 1312(a).".

(b) Section 8902 of title 5, United States Code, relating to Federal employee health insurance, is amended by adding at the end thereof the following new subsection:

"(1) The Commission shall contract under this chapter for a plan described in seciton 8903(4) of this title with any qualified health maintenance carrier which offers such a plan. For the purpose of this subsection, 'qualified health maintenance carrier' means any qualified carrier which is a qualified health maintenance organization within the meaning of section 1310(d)(1) of title XIII of the Public Health Service Act

// 42 USC 300e-9 //

(42 U.S.C. 300c - 9(d)).".

ENFORCEMENT REQUIREMENTS

Sec. 111. (a) Section 1312(a) // 42 USC 300e-11. // is amended by striking out all of the section following paragraph (3) and substituting the following: "the Secretary may take the action authorized by subsection (b)."

(b) Section 1312(b) is amenede to read as follows:

"(b)(1) If the Secretary makes, with respect to any entity which provided assurances to the Secretary under section 1310(d)( 1), a determination described in subsection (a), the Secretary shall notify the entity in writing of the determination. Such notice shall specify the manner in which the entity has not complied with such assurances and direct that the entity initiate (within 30 days of the date the notice is issued by the Secretary or within such longer period as the Secretary determines is reasonable) such action as may be necessary to bring (within such period as the Secretary shall prescribe) the entity into compliance with the assurances. If the entity fails to initiate corrective action within the period prescribed by the notice or fails to comply with the assurances within such period as the Secretary prescribes (A) the entity shall not be a qualified health maintenance organization for purposes of section 1310

// 42 USC 300e-9. //

until such date as the Secretary determines that it is in compliance with the assurances, and (B) each employer which has offered membership in the entity in compliance with section 1310, each lawfully recognized collective bargaining representative or other employee representative which represents the employees of each such employer, and the members of such entity shall be notified by the entity that the entity is not a qualified health maintenance organization for purposes of such section. The notice required by clause (B) of the preceding sentence shall contain, in readily understandable language, the reasons for the determination that the entity is not a qualified health maintenance organization. The Secretary shall publish in the Federal Register each determination referred to in this paragraph.

"(2) If the Secretary makes, with respect to an entity which has received a grant, contract, loan, or loan guarantee under this title, a determination described in subsection (a), the Secretary may, in addition to any other remedies available to him, bring a civil action in the United States district court for the district in which such entity is located to enforce its compliance withthe assurances it furnished respecting the provision of basic and supplemental health services or its organization or operation, as the case may be, which assurances were made in connection with its application under this title for the grant, contract, loan, or loan guarantee.".

(c) Section 1312 // 42 USC 300e-11. // is amended by adding at the end the following new subsection:

"(c) The Secretary, acting through the Assistant Secretary for Health, shall administer subsections (a) and (b) in the Office of the Assistant Secretary for Health.".

HMO'S AND FEDERAL HEALTH BENEFITS PROGRAMS

Sec. 112. Section 1307(d) // 42 USC 300)-6. // is amended by adding after and below paragraph (2) the following new sentence: " An entity which provides health services to a defined population on a prepaid basis and which has members who are enrolled under the health benefits program authorized by chapter 89 of title 5, United States Code, // 5 USC 8901 et seq. // may be considered as a health maintenance organization for purposes of receiving assistance under this title if with respect to its other members it provides health services in accordance with section 1301(b) // 42 USC 300e. // and is organized and operated in the manner prescribed by section 1301(c).".

EXTENSIONS AND AUTHORIZATIONS

Sec. 113. (a) Section 1304(j) // 42 USC 300e-3. // is amended (1) by striking out " September 30, 1976" and substituting " September 30, 1978", and (2) by striking out " September 30, 1977" and substituting " September 30, 1979".

(b) Subsection (d) of section 1305 // 42 USC 300e-4. // is amended to read as follows:

"(d) No loan may be made or guaranteed under this section after September 30, 1980.".

(c) Section 1309(a) // 42 USC 300e-8. // is amended--,

(1) by striking out "and" after "1975,",

(2) by inserting after "1976" the following: ", $45,000,000 for the fiscal year ending September 30, 1977, and $45,000,000 for the fiscal year ending September 30, 1978",

(3) by striking out "ending June 30, 1977" and substituting "ending September 30, 1977", and

(4) by striking out "$85,000,000" the first time it occurs and substituting "$40,000,000", and by striking out "$85,000,000" the second time it occurs and substituting "$50,000,000".

RESTRICTIVE STATE LAW

Sec. 114. Section 1311 // 42 USC 300e-10. Digest. // is amended by adding at the end the following new subsection:

"(c) The Secretary shall, within 6 months after the date of the enactment of this subsection, develop a digest of State laws, regulations, and practices pertaining to development, establishment, and operation of health maintenance organizations which shall be undated at least quarterly and relevant sections of which shall be provided to the Governor of each State annually. Such digest shall indicate which State laws, regulations, and practices appear to be inconsistent with the operation of this section. The Secretary shall also insure that appropriate legal consultative assistance is available to the States for the purpose of complying with the provisions of this section."

PROGRAM EVALUATION BY THE COMPTROLLER GENERAL

Sec. 115. So much of section 1314(a) // 42 USC 300e-13. // as precedes paragraph (1) thereof is amended to read as follows:

" Sec. 1314. (a) The Comptroller General shall evaluate the operations of at least ten or one-half (whichever is greater) of the health maintenance organizations for which assistance was provided under sections 1303, 1304, and 1305,

// 42 USC 300e-2-300e-4. Report to Congress.

and which, by December 31, 1976, have been designated by the Secretary under section 1310(d) as qualified health maintenance organizations. The Comptroller General shall report to the Congress the results of the Evaluation by June 30, 1978. Such report shall contain findings--".,

ADMINISTRATION OF PROGRAMS

Sec. 166. Title XIII is amended byadding after section 1315 the following new section:

" ADMINISTRATION OF PROGRAM

" Sec. 1316. The Secretary shall administer this title // 42 USC 300e-15. 42 USC 300e-9, 300e-11. // (other than sections 1310 and 1312) through a single identifiable administrative unit of the Department.

CONFORMING AMENDMENTS

Sec. 117. (a) Section 1532(c) // 42 USC 300n-1. // is amneded by adding the following sentence at the end thereof: " The criteria established by any health systems agency or State Agency under paragraph (8) shall be consistent with the standards and procedures established by the Secretary under section 1306(c) of this Act.". // 42 USC 300e-5. //

(b)(1) Paragraph (6) of section 1302 // 42 USC 300e-1. // is amended to read as follows:

"(6) The term 'health systems agency' means as entity which is designated in accordance with section 1515 of this Act.".

// 42 USC 300l-4. //

(2) Paragraph (7) of section 1302 is amended by--,

(A) striking "section 314(a) State health planning agency whose section 314(a) plan" and substituting " State health planning and development agency which"; and

(B) striking "section 314(b) areawide health planning agency whose section 314(b) plan", and substituting "health systems agency designated for a health service area which".

(3) Paragraph (1) of section 13037b) // 42 USC 300e-2. // is amended by striking "section 314(b) areawide health planning agency (if any) whose section 314(b) plan" and substituting "each health systems agency designated for a health service area which".

(4) Paragraph (1) of section 1304(c) // 42 USC 300e-3. // is amended by striking "section 314(b) areawide health planning agency (if any) whose section 314(b) plan" and substituting "each health systems agnecy designated for a health service area which".

(5) Section (b)(5) of section 1306 // 42 USC 300e-5. // is amended to read as follows:

"(5) each health systems agnecy designated for a health service area which cover (in whole or in part) the area to be served by the health maintenance organization for which such application is submitted:".

(6) Subsection (c) of section 1306 is amneded by striking "section 314(b) areawide health planning agencies and section 314(a) State health planning agencies" and substituting "health systems agencies".

EFFECTIVE DATES

Sec. 118. (a) Except as provided in subsection (b), // 42 USC 300e note. // the amendments made by this title shall take effect on the date of the enactment of this Act.

(b)(1) The amendments made by sections 101, 102, 103, 104, and 106 shall (A) apply with respect to grants, contracts, loans, and loan guarantees made under sections 1303, 1034, and 1305 of the Public Health Service Act // 42 USC 300e-2-300e-4. // for fiscal years beginning after September 30, 1976, (B) apply with respect to health benefit plans offered under section 1310 of such Act // 42 USC 300e-9. 42 USC 300e-11. // after such date, and (C) for purposes of section 1312 take effect October 1, 1976.

(2) Subsection (d) of section 1301 of the Public Health Service Act // 42 USC 300e. // (added by section 103(b) of this Act) shal take effect with respect to fiscal years of health maintenance organizations beginning on or after the date of the enactment of this Act.

(3) The amendments made by section 107 shall apply with respect to grants, contracts, loans, and loan guarantees made under sections 1303, 1304, and 1305 of the Public Health Service Act for fiscal years beginning after September 30, 1976.

(4) The amendments made by sections 109(a)(1) and 109(c) shall apply with respect to loan guarantees made under section 1305 of the Public Health Service Act after September 30, 1976.

(5) The amendment made by section 109(e) shall apply with respect to projects assisted under section 1304 of the Public Health Service Act after September 30, 1976.

(6) The amendments made by paragraphs (1) and (2) of section 110(a) shall apply with respect to calendar quarters which begin after the date of the enactment of this Act.

(7) The amendments made by paragraphs (3) and (4) of section 110 shall apply with respect to failures of employers to comply with section 1310(a) of the Public Health Service Act // 42 USC 300e-9. // after the date of the enactment of this Act.

(8) The amendment made by section 111 shall apply with respect to determinatins of the Secretary of Health, Education, and Welfare described in section 1312(a) of the Public Health Service Act and made after the date of the enactment of this Act.

TITLE II-- AMENDMENTS TO SOCIAL SECURITY ACT MEDICARE AMENDMENTS

Sec. 201. (a) Section 1876(b) of the Social Security Act // 42 USC 1395mm. // is amended to read as follows:

"(b)(1) The term 'health maintenance organization' means a legal entity which provides health services on a prepayment basis to individuals enrolled with such organizations and which--,

"(A) provides to its enrollees who are insured for benefits under parts A and B of this title or for benefits under part B alone, through institutions, entities, and persons meeting the applicable requirements of section 18618

// 42 USC 1395x. //

all of the services and benefits covered under such parts (to the extent applicable under subparagraph (A) or (B) of subsection (a)(1)) which are available to individuals residing in the geographic area served by the organization;

"(B) provides such services in the manner prescribed by section 1301(b) of the Public Health Service Act,

// 42 USC 300e. //

except that solely for the purposes of this section--,

"(i) the term 'basic health services' and references thereto shall be deemed to refer to the services and benefits included under parts A and B of this title; "(ii) the organizatoin shall not be required to fix the basic health services payment under a community rating system; "(iii) the additional nominal payments authorized by section 1301(b)(1)(D) of such Act shall not exceed the limits applicable under subsection (g) of this section; and "(iv) payment for basic health services provided by the organization to its enrollees under this section or for services such enrollees receive other than through the organization shall be made as provided for by this title;

"(C) is organized and operated in the manner prescribed by section 1301(c) of the Public Health Service Act, except that solely for the purposes of this section--,

"(i) the term 'basic health services' and references thereto shall be deemed to refer to the services and benefits included under parts A and B of this title; "(ii) the organization shall not be reimbursed for the cost of reinsurance except as permitted by subsection (i) of this section; and "(iii) the organization shall have an open enrollment period as provided for in subsection (k) of this section.

"(2)(A) The duties and functions of the Secretary, insofar as they involve making determinations as to whether an organization is a 'health maintenance organization' within the meaning of paragraph (1), shall be administered through the Assistant Secretary for Health and in the Office of the Assistant Secretary for Health, and the administration of such duties and functions shall be integrated with the administration of section 1312 (a) and (b) of the Public Health Service Act. // 42 USC 300e-11. //

"(B) Except as provided in subparagraph (A), the Secretary shall administer the provisions of this section through the Commissioner of Social Security.".

(b) Section 1876(h) of such Act

// 42 USC 1395mm. //

is amended to read as follows:

"(h)(1) Except as provided in paragraph (2), each health maintenance organization with which the Secretary enters into a contract under this section shall have an enrolled membership at least half of which consists of individuals who have not attained age 65. "(2) The Secretary may waive the requirement imposed in paragraph (1) for a period of not more than three years from the date a health maintenance organization first enters into an agreement with the Secretary pursuant to subsection (i), but only for so long as such organization demonstrates to the satisfaction of the Secretary by the submission of its plan for each year that it is making continuous efforts and progress toward compliance with the provisions of paragraph (1) within such three-year period.".

(c) Section 1876(i)(6)(B) of such Act is amended by striking out "(other than those with respect to out-of-area services)" and inserting in lieu thereof "(other than costs with respect to out-of-area services and, in the case of an organization which has entered into a risksharing contract with the Secretary pursuant to paragraph (2)(A), the cost of providing any member with basic health services the aggregate value of which exceeds $5,000 in any year)".

(d) Section 1876 is amended by adding at the end thereof the following--,

"(k) Each health maintenance organization with which the Secretary enters into a contract under this section shall have an open enrollment period at least every year under which it accepts up to the limits of its capacity and without restrictions, except as may be authorized in regulations, individuals who are eligible to enroll under subsection (d) in the order in which they apply for enrollment (unless to do so would result in failure to meet the requirements of subsection (h)) or would result in enrollemtn of enrollees substantially nonrepresentative, as determined n accordance with regulations of the Secretary, of the population in the geographic area served by such health maintenance organization.".

(e) The amendments made by this section shall be effective with respect to contracts entered into between the Secretary and health maintenance organizations under section 1876 of the Social Security Act on and after the first day of the first calendar month which begins more than 30 days after the date of enactment of this Act.

MEDICAID AMENDMENTS

Sec. 202. (a) Section 1903 of the Social Security Act // 42 USC 1396b. // is amended by adding at the end thereof the following new subsection:

"(m)(1)(A) The term 'health maintenance organization' means a legal entity which provides health services to individuals enrolled in such organization and which--,

"(i) provides to its enrollees who are eligible for benefits under this title the services and benefits described in paragraphs (1), (2), (3), (4)(C), and (5) of section 1905,

// 42 USC 1396d. //

and, to the extent

required by section 1902(a)(13)(A)(ii)

// 42 USC 1396a. //

to be provided under a

State plan for medical assistance, the services and

benefits

described in paragraph (7) of section 1905(a);

"(ii) provices such services and benefits in the manner prescribed in section 1301(b) of the Public Health Service Act

// 42 USC 300e. //

(except that, solely for purposes of this paragraph,

the

term 'basic

health services' and references thereto, when employed

in such

section, shall be deemed to refer to the services and

benefits

described in paragraphs (1), (2), (3), (4)(C), and (5)

of section

1905(a),

// 42 USC 1396d. //

and, to the extent required by section 1902(a)(13)(A)

// 42 USC 1396a. //

(ii) to be provided under a State plan for medical

assistance, the

services and benefits described in paragraph (7) of

section 1905

(a)); and

"(iii) is organized and operated in the manner prescribed by section 1301(c) of the Public Health Service Act (except that solely for purposes of this paragraph, the term 'basic health services' and references thereto, when wmployed is such section shall be deemed to refer to the services and benefits described in section 1905 (a) (1), (2), (3), (4)(C), and (5), and to the extent required by section 1902(a)(13)(A)(ii) to be provided under a State plan for medical assistance, the services and benefits described in paragraph (7) of section 1905( a)).

"(B) The duties and functions of the Secretary, insofar as they involve making determinations as to whether an organization is a health maintenance organization within the meaning of subparagraph (A), shall be administered through the Assistant Secretary for Health and in the Office of the Assistant Secretary for Health, and the administration of such duties and functions shall be integrated with the administration of section 1312 (a) and (b) of the Public Health Service Act.

// 42 USC 300e-11. //

"(2)(A) Except as provided in subparagraphs (B) and (C), no payment shall be made under this title to a State with respect to expenditures incurred by it for payment for services provided by any entity--,

"(i) which is responsible for the provision of--, "(I) inpatient hospital services and any other service described in paragraph (2), (3), (4), (5), or (7) of section 1905(a), or "(II) any three or more of the services described in such paragraphs, when payment for such services is determined under a prepaid capitation risk basis or under any other risk basis; "(ii) which the Secretary (or the State as authorized by paragraph (3)) has not determined to be a health maintenance organization as defined in paragraph (1); and "(iii) more than one-half of the membership of which consists of individuals who are insured under parts A and B of title XVIII or recipients of benefits under this title.

"(B) Subparagraph (A) does not apply with respect to payments under this title to a State with respect to expenditures incurred by it for payment for services provided by an entity whcih--,

"(2)(I) received a grant of at least $100,000 in the fiscal year ending June 30, 1976, under section 319(d)(1)(A) or 330(d)(1) of the Public Health Service Act,

// 42 USC 247d, 254c. //

and (II) for the period beginning

July 1, 1976, and ending on the expiration of the

period

for which payments are to be made under this title has

been the

recipient of a grant under either such section; and

"(II) provides to its enrollees on a prepaid capitation risk basis or on any other risk basis, all of the services and benefits described in paragraphs (1), (2), (3), (4)(C), and (5) of section 1905(a)

// 42 USC 1396d. //

and, to the extent required by section 1902(a)(13)(A)

(ii)

// 42 USC 1396a. //

to be provided under a State plan for medical

assistance, the

services and benefits described in paragraph (7) of

such

section;

or

"(ii) is a nonprofit primary health care entity located in a rural area (as defined by the Appalachian Regional Commission)--, "(I) which received in the fiscal year ending June 30, 1976, at least $100,000 (by grant, subgrant, or subcontract) under the Appalachian Regional Development Act of 1965,

// 40 USC app. 1. //

and,

"(II) for the period beginning July 1, 1976, and ending on the expiration of the period for which payments are to be made under this title either has been the recipient of a grant, subgrant, or subcontract under such Act or has provided services under a contract (initially entered into during year in which the entity was the recipient of such a grant, subgrant, or subcontract) with a State agency under this title on a prepaid capitation risk basis or on any other risk basis; or "(iii) which has contracted with the single State agency for the provision of services (but not including inpatient hospital services) to persons eligible under this title on a prepaid risk basis prior to 1970.

"(C) Subparagraph (A)(iii) shall not apply with respect to payments under this title to a State with respect to expenditures incurred by it for payment for services by an entity during the three-year period beginning on the date of enactment of this subsection or beginning on the date the entity enters into a contract with the State under this title for the provision of health services on a prepaid risk basis, whichever occurs later, but only if the entity demonstrates to the satisfaction of the Secretary by the submission of plans for each year of such three-year period that it is making continuous efforts and progress toward achieving compliance with subparagraph (A)(iii).

"(3) A State may, in the case of an entity which has submitted an application to the Secretary for determination that it is a health maintenance organization within the meaning of paragraph (1) and for which no such determination has been made within 90 days of the submission of the application, make a provisional determination for the purposes of this title that such entity is such a health maintenance organization. Such provisional determination shall remain in force until such time as the Secretary makes a determination regarding the entity's qualification under paragraph (1).".

(b) The amendment made by subsection (a)

// 42 USC 1396b note. //

shall apply with

respect to payments under title XIX of the Social Security Act

// 42 USC 1396. //

to

States for services provided--,

(1) after the date of enactment of subsection (a) under contracts under such title entered into or renegotiated after such date, or (2) after the expiration of the 1-year period beginning on such date of enactment, whichever occurs first. TITLE III-- MISCELLANEOUS AMENDMENTS CENTER FOR HEALTH SERVICES POLICY ANALYSIS

Sec. 301. Section 305(d)(1) of the Public Health Service Act // 42 USC 247c. // is amended (1) by striking out "two national special emphasis centers" and substituting "three national special emphasis centers", (2) by striking out "and one" and substituting "one", and (3) by inserting before the last close parenthesis a semicolon and the following: "and one of which (to be designated as the Health Services Policy Analysis Center) shall focus on the development and evaluation of national policies with respect to health services, including the development of health maintenance organizations and other forms of group practice, with a view toward improving the efficiencies of the health services delivery system".

HOME HEALTH EXTENSION

Sec. 302. (a) Section 602(a)(5) of Public Law 94 - 63 // 42 USC 1395x note. // is amended by inserting ", $2,000,000 for the period July 1, 1976, through September 30, 1976, $8,000,000 for the fiscal year ending September 30, 1977" after "1976".

(b) Section 602(b)(4) of Public Law 94 - 63 is amended by inserting ", $1,000,000 for the period July 1, 1976, through September 30, 1976, and $4,000,000 for the fiscal year ending September 30, 1977" after "1976".

EXTENSION OF REPORTING DATE

Sec. 303. Section 603(b) of Public Law 94 - 63 // 42 USC 289k-2. // is amended by striking " Within one year" and substituting " Not later than 2 years".

TECHNICAL

Sec. 304. Section 514(a) of the Federal Food, Drug, and Cosmetic Act // 21 USC 360. // is amended by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No 94 - 518 (Comm. on Interstate and Foreign Commerce) and No. 94 - 1513 (Comm. of Conference).

SENATE REPORT: No. 94 - 844 accompanying S. 1926 (Comm. on Labor and Public Welfare).

CONGRESSIONAL RECORD:

Vol. 121 (1975): Nov. 7, considered and passed House.

Vol. 122 (1976): June 14, considered and passed Senate, amended, in lieu of S. 1926.

Sept. 16, Senate agreed to conference report.

Sept. 23, House agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 12, No. 42 (1976): Oct. 9, Presidential statement.

PUBLIC LAW 94-459, 90 Stat. 1944

94th Congress, S. 3843 October 8, 1976
An Act To name the Visitors' Center at the Sleeping Bear Dunes National Lakeshore the " Philip A. Hart Visitors' Center".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Visitors' Center at the Sleeping Bear Dunes National Lakeshore shall hereinafter be known as, and is hereby designated as, the " Philip A. Hart Visitors' Center".

LEGISLATIVE HISTORY:

CONGRESSIONAL RECORD, Vol. 122 (1976):

Sept. 22, considered and passed Senate.

Sept. 27, considered and passed House.

PUBLIC LAW 94-458, 90 Stat. 1939

94th Congress 94th Congress, S. 3430
An Act To amend the Act approved August 18, 1970, providing for improvement in the administration of the National Park System by the Secretary of the Interior and clarifying authorities applicable to the National Park System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act approved August 18, 1970 (84 Stat. 825; 16 U.S.C. 1a - 1 et seq.), is amended as follows:

(1) In subsection (e), after "within an area of the national park system," insert ", as long as such activity does not jeopardize or unduly interfere with the primary natural or historic resource of the area involved,".

(2) At the end of subsection (g), change the period to a semicolon and add the following new subsections:

"(h) promulgate and enforce regulations concerning boating and other activities on or relating to waters located within areas of the National Park System, including waters subject to the jurisdiction of the United States: Provided, That any regulations adopted pursuant to this subsection shall be complementary to, and not in derogation of, the authority of the United States Coast Guard to regulate the use of waters subject to the jurisdiction of the United States; "(i) provide meals and lodging, as the Secretary deems appropriate, for members of the United States Park Police and other employees of the National Park Service, as he may designate, serving temporarily on extended special duty in areas of the National Park System, and for this purpose he is authorized to use funds appropriated for the expenses of the Department of the Interior.".

Sec. 2. Such Act of August 18, 1970, is further amended by adding the following new sections:

" Sec. 5. Section 11 of the Act of May 26, 1930 (46 Stat. 383; 16 U.S.C. 17j), is amended to read as follows:

"' Sec. 11. In the administration of the National Park System, the Secretary of the Interior is authorized, under regulations prescribed by him, to pay (a) the traveling expenses of employees, including the costs of packing, crating, and transporting (including draying) their personal property, upon permanent change of station of such employees and (b) the traveling expenses as aforesaid of dependents of deceased employees (i) to the nearest housing reasonably available and of a standard not less than that which is vacated, and to include compensation for not to exceed sixty days rental cost thereof, in the case of an employee who occupied Government housing and the death of such employee requires that housing to be promptly vacated, and (ii) to the nearest port of entry in the conterminous forty-eight States in the case of an employee whose last permanent station was outside the conterminous forty-eight States.'.

" Sec. 6. Notwithstanding any other provision of law, the Secretary of the Interior may relinquish to a State, or to a Commonwealth, territory, or possession of the United States, part of the legislative jurisdiction of the United States over National Park System lands or interests therein in that State, Commonwealth, territory, or possession: Provided, That prior to consummating any such relinquishment, the Secretary shall submit the proposed agreement to the Committees on Interior and Insular Affairs of the United States Congress, and shall not finalize such agreement until sixty calendar days after such submission shall have elapsed. Relinquishment of legislative jurisdiction under this section may be accomplished (1) by filing with the Governor (or, if none exists, witht he chief executive officer) of the State, Commonwealth, territory, or possession concerned a notice of relinquishment to take effect upon acceptance thereof, or (2) as the laws of the State, Commonwealth, territory, or possession may otherwise provide. The Secretary shall diligently pursue the consummation of arrangements with each State, Commonwealth, territory, or possession within which a unit of the National Park System is located to the end that insofar as practicable the United States shall exercise concurrent legislative jurisdiction within units of the National Park System.

" Sec. 7. Notwithstanding subsection 5901(a) of title 5, United States Code (80 Stat. 508), as amended, the uniform allowance for uniformed employees of the National Aprk Service may be up to $400 annually.

" Sec. 8. The Secretary of the Interior is directed to investigate, study, and continually monitor the welfare or areas whose resources exhibit qualities of national significance and which may have potential for inclusion in the National Park System. At the beginning of each fiscal year, the Secretary shall transmit to the Speaker of the House of Representatives and to the President of the Senate, comprehensive reports on each of those areas upon which studies have been completed. On this same date, and accompanying such reports, the Secretary shall transmit a listing, in generally descending order of importance or merit, of not less than twelve such areas which appear to be of national significance and which may have potential for inclusion in the National Park System. Threats to resource values, and cost escalation factors shall be considered in listing the order of importance or merit. Such listing may be comprised of any areas heretofore submitted under terms of this section, and which at the time of listing are not included in the National Park System. The Secretary is also directed to transmit annually to the Speaker of the House of Representatives and to the President of the Senate, at the beginning of each fiscal year, a complete and current list of all areas included on the Registry of Natural Landmarks and those areas of national significance listed on the National Register of Historic places which areas exhibit known or anticipated damage or threats to the integrity of their resources, along with notations as to the nature and severity of such damage or threats. Each report and annual listing shall be printed as a House document.

" Sec. 9. Section 3 of the Act of August 21, 1935 (49 Stat. 666, 667; 16 U.s.c. 461, 463), is amended to read as follows:

"' Sec. 3. (a) A general advisory board to be known as

the National

Park Systerm Advisory Board is hereby established,

to be composed of

not to exceed eleven persons, citizens of the United

States, to include

but not be limited to representatives competent in the

fields of history,

archaeology, architecture, and natural science, who

shall be appointed

by the Secretary for a term not to exceed four years.

The Secretary

shall take into consideration nominations for

appointees

from public

and private, professional, civic, and educational

societies, associations,

and institutions. The members of such board shall

receive no salary

but may be paid expenses incidental to travel when

engaged in discharging

their duties as members. It shall be the duty of such

board

to advise the Secretary on matters relating to the

National Park System,

to other related areas, and to the administration of

this Act,

including but not limited to matters submitted to it

for

consideration

by the Secretary, but it shall not be required to

recommend as to the

suitability or desirability of surplus real and related

personal property

for use as an historic monument.

"'(b) The National Park System Advisory Board shall continue to exist until January 1, 1990. In all other

respects,

it shall be subject

to the provisions of the Federal Advisory Committee

Act.'.

// 5 USC app. I. //

" Sec. 10. (a) The arrest authority relating to the National Park Service is hereby amended in the Follwing respects:

"(1) Section 3 of the Act of March 3, 1897 (29 Stat. 621; 16 U.S.C. 415), as supplemented; relating to certain

arrest authority

relative to national military parks, is hereby

repealed;

"(2) The first paragraph of that portion designated ' GENERAL EXPENSES-- FOREST SERVICE' of the Act of March 3, 1905 (33 Stat. 872; 16 U.S.C. 10, 559), as

amended,

relating in part to arrest authority relative to laws

and regulations

applicalbe to forest reserves and national parks, is

amended

by deleting the words 'and national park service', 'and

national

parks', and 'or national parks';

"(3) Section 2 of the Act of March 2, 1933 (47 Stat. 1420; 16 U.S.C. 10a), as amended, relating to certain arrest authority for certain employees of the Natinal Park Service, is hereby repealed; and "(4) The second paragraph of secton 6 of the Act of October 8, 1964 (78 Stat. 1041; 16 U.S.C. 460n - 5), as

amended, relating

to certain arrest authority relative to the Lake Mead

National

Recreation Area, is hereby repealed.

"(b) In addition to any other authority conferred by law, the Secretary of the Interior is authorized to designate, pursuant to standards prescribed in regulations by the Secretary, certain officers or employees of the Department of the Interior who shall maintain law and order and protect persons and property within areas of the National Park System. In the

performance of such duties, the

officers or employees, so

designated, may--,

"(1) carry firearms and make arrests without warrant for any offense against the United States committed in his presence, or for any felony cognizable under the laws of the United States if he has reasonable grounds to believe that the person to be arrested has committed or is committing such felony, provided such arrests occur within the system or the person to be arrested is fleeing therefrom to avoid arrest; "(2) execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed in that system or, where the person subject to the warrant or process is in that system. in connection with any Federal offense; and "(3) conduct investigations of offenses against the United States committed in that system in the absence of investigation thereof by any other Federal law enforcement agency having investigative jurisdiction over th offense committed or with the concurrence of such other agency. "(c) The Secretary of the Interior is hereby authorized to--, "(1) designate officers and employees of any other Federal agency or law enforcement personnel of any State or political subdivison thereof, when deemed economical and in the public interest and with the concurrence of that agency or that State or subdivision, to act as special policemen in areas of the National Park System when supplemental law enforcement personnel may be needed, and to exercise to powers and authority provided by paragraphs (1), (2), and (3) of subsection (b) of this section; "(2) cooperate, within the National Park System, with any State or political subdivision thereof in the enforcement of supervision of the laws or ordinances of that State or subdivision; and "(3) provide limited reimbursement, to a State or its political subdivisions, in accordance with such regualtions as he may prescribe, where the State has ceded concurrent legislative jurisdiction over the affected area of the system, for expenditures incurred in connection with its activities within that system which were rendered pursuant to paragraph (1) of this subsection. "(4) the authorities provided by this subsection shall supplement the law enforcement responsibilities of the National Park Service, and shall not authorize the delegation of law enforcement responsibilities of the agency the State and local governments. "(d)(1) Except as otherwise provided in this subsection, a law enforcement officer of any State or political subdivision thereof designated to act as a special policeman under subsection (c) of this section shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including, but not limited to, those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal benefits. "(2) For purposes of the tort claim provisions of title 28, United States Code,

// 5 USC 8101. //

a law enforcement officer of any State or political

subdivision

thereof shall, when acting as a special policeman under

subsection

(c) of this section, be considered a Federal employee.

"(3) For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, a law enforcement officer of any State or political subdivision thereof shall, when acting as a special policeman under subsection (c) of this section be deemed a civil service employee of the United States withis the meaning of the term 'employee' as defined in section 8101 of title 5, and the provisions of that subchapter shall apply. "(e) Nothing contained in this Act shall be construed or applied to limit ro restrict the investigative jurisdiction of any Federal law enforcement agency other than the National Park Service, and nothing shall be construed or applied to affect any right of a State or a political subdivision thereof to exercise civil and criminal jurisdiction within the National Park System.

" Sec. 11. Section 101(a) of title I of public Law 89 - 655 (80 Stat. 915; 16 U.S.C. 470a), is amended by adding thereto a new paragraph to read as follows:

"'(4) to withhold from disclosure to the public, information relating to the location of sites or objects listed on the National Register wherever he determines that the disclosure of specific informatin would create a risk of destruction or harm to such sites or objects.'.

" Sec. 12. (a) Not later than January 15 of each calendar year, the Secretary of the Interior shall transmit to the Committees on Interior and Insular Affairs a detailed program for the development of facilities, structures, or buildings for each unit of the National Park System Consistent with the general management plans required in subsection (b) of this section.

"(b) General management plans for the development of each unit of the National Park System, including the areas within the national capital region, shall be prepared by the Director of the National Park Service and transmitted to the Committees on Interior and Insular Affairs. Such plans shall include:

"(1) the facilities which the Director finds necessary to accommodate the health, safety, and recreation needs of the visiting public, including such facilities as he may deem appropriate to provide in accordance wiht the provision of the Act of October 9, 1965 (79 Stat. 969); "(2) the location and estimated cost of all such facilities; and "(3) the projected need for any additional facilities required for such unit.

"(c) The Secretary of the Interior shall hereafter transmit to the Committees on Interior and Insular Affairs all proposed awards of concession leases and contracts involving a gross annual business of $100,000 of more, or exceeding five years in duration (including renewals thereof), and all proposed rules and regualtions relating thereto, sixty days before such awards are made or such rules and regulations are promulgated. The Act of July 14, 1956 (70 Stat. 543) is hereby repealed.".

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1569 accompanying H.R. 11887 (Comm. on Interior and Insular Affairs).

SENATE REPORT No. 94 - 1190 (Comm. on Interior and Insular Affairs).

CONGRESSIONAL RECORD, Vo. 122 (1976):

Sept. 17, considered and passed Senate.

Sept 21, considered and passed House, amended, in lieu of H.R. 11887.

Sept. 23, Senate agreed to House amendment.

PUBLIC LAW 94-457, 90 STAT. 1938

94th Congress, S. 3734 October 5, 1976
An Act To approve the sale of certain naval vessels, and for other purposes.

Be in enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the President may sell, subject to such terms and conditions as he may determine and at a price not less than the value thereof in United States dollars, three destroyers to the Government of Argentina; two landing ships dock and one auxiliary repair dry dock to the Government of the Republic of China; one destroyer to the Government of Colombia; four destroyers to the Government of the Federal Republic of Germany; seven destroyers and two tank landing ships to the Government of Greece; one repair ship and one auxiliary repair dry dock to the Government of Iran; seven destroyers and one landing craft repair ship to the Government of the Republic of Korea; two destroyers to the Government of Pakistan; one landing craft repair ship and one inshore patrol craft to the Government of the Philippines; five destroyers and three tank landing ships to the Government of Spain; one landing craft repair ship, one tank landing ship, and one auxiliary repair dry dock to the Government of Venezuela.

(b) All expenses involved in the sales authorized by this Act shall be charged to funds provided by the recipient government. The authority of the President to sell vessels under this Act shall terminate two years after the date of enactment of this Act.

Sec. 2. Subsection (b)(1) of section 7307 of title 10, United States Code, is amended by striking out "2,000" and inserting in lieu thereof "3,000".

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1646 (Comm. on Armed Services).

SENATE REPORT No. 94 - 1123 (Comm. on Armed Services).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Aug. 25, considered and passed Senate.

Sept. 27, considered and passed House.

Public Law 94-456, 90 Stat. 1934, ALASKA NATIVE CLAIMS SETTLEMENT ACT OF 1976.

94th Congress, S. 3651 October 4, 1976
An Act To amend the Alaska Native Claims Settlement Act to provide for the withdrawal of lands for the village of Klukwan, Alaska, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. (a) Section 16(a) of the Alaska Native Claims Settlement Act (85 Stat. 688, 705, as amended; 43 U.S.C. 1604, 1615) is further amended by striking " Klukwan, Southeast.".

(b) Section 16(d) of such Act is amended to read as follows:

"(d)(1) The Secretary is authorized and directed to withdraw seventy thousand acres of public lands, as defined in section 3 of this Act,

// 43 USC 1602. //

may select twenty-three thousand and forty acres of land. Such Corporation and the shareholders thereof shall otherwise participate fully in the beneifts provided by this Act to the same extent as as they would have participated had they not elected to acquire title to their former reserve as provided by section 19(b) of this Act:

// 43 USC 1618. //

provided, That noting in this subsection shall affect the existing entitlement of any Regional Corporation to lands pursuant to section 14(h)(8) of this Act:

// 43 USC 1613. //

Provided further, That no such lands shall be withdrawn from an area previously withdrawn as a forest reserve without prior consultation with the Secretary of Agriculture: Provided further, That the foregoing provisions of this subsection shall not become effective unless and until the Village Corporation for the village of Klukwan shall quitclaim to Chilkat Indian Village, organized under the provisions of the Act of June 18, 1934 (48 Stat. 984), as amended by the Act of May 1, 1936 (49 Stat. 1250), all its right, title, and interest in the lands of the reservation defined in and vested by the Act of September 2, 1957 (71 Stat. 596), which lands are hereby conveyed and confirmed to said Chilkat Indian Village in fee simple absolute, free of trust and all restrictions upon alienation, encumbrance, or otherwise: Provided further, That the United States and the Village Corporation for the village of Klukwan shall also quitclaim to said Chilkat Indian Village any right or interest they may have in and to income derived from the reservation lands defined in and vested by the Act of September 2, 1957 (71 Stat. 597), after December 18, 1971 and prior to January 2, 1976.

"(2) The lands withdrawn by the Secretary pursuant to paragraph (1) of this subsection shall be located in the southeastern Alaska region and shall be of similar character and comparable value, to the extent possible, to those of the Chilkat Valley surrounding the village of Klukwan. Such withdrawal shall be made within six months of the date of enactment of this paragraph and the Village Corporation for the village of Klukwan shall select, within one year from the time that the withdrewal is made, and be conveyed, twenty-three thousand and forty acres. None of the lands withdrawn by the Secretary for selection by the Village Corporation for the village of Klukwan shall have been selected by, or be subject to an outstanding nomination for selection by, any other Native Corporation organized pursuant to this Act, or located on Admiralty Island.".

Sec. 2. Notwithstanding any other provision of law, the Secretary is hereby authorized and directed to convey immediately to the State of Alaska, subject to valid existing rights, the following described lands for park, recreation, airport, or other public purposes:

Seward Meridan, Alaska

T. 13 N., R. 4 W. Section 28, E1/2 W1/2, E1/2 W1/2 NW1/4,

W1/2 NW1/4 NW1/4, E1/2 NW1/4 SW1/4, E1/2 W1/2 SW1/4

NW1/

4, NE1/4 SW1/4 SW1/4, E1/2 SE1/j SW1/4 SW1/4.

Containing

265 acres, more or less.

Sec. 3. The first sentence of subsection 12(b) of the Act of January 2, 1976 (89 Stat. 1145, 1151), // 43 USC 1611 note. // is amended by changing the matter preceding the first colon to read as follows:

"(b) The Secretary shall make the following conveyances to the Region, in accordance with the specific terms, conditions, procedures, covenants, reservations, and other restrictions set forth in the document entitled ' Terms and Conditions for Land Consolidation and Management in Cook Inlet Area', which was submitted to the House Committee on Interior and Insular Affaris on December 10, 1975, and clarified on August 31, 1976, the terms of which, as calrified, are hereby incorporated herein and ratified as to the duties and obligations of the United States and the Region, as a matter of Federal law.".

Sec. 4. (a) The Secretary is authorized th convey lands under application for selection by Village Corporations within Cook Inlet Region to the Cook Inlet Region, Incorporated, for reconveyance by the Region to such Village Corporations. Such lands shall be conveyed as partial satisfacton of the statutory entitlement of such Village Corporations from lands withdrawn pursuant to secton 11(a) (3) of the Alaska Native Claims Settlemetn Act // 43 USC 1610. // (hereinafter, " The Settlement Act"), and with consent of the Region affected, as provided in section 12 of the Act of January 2, 1976 (89 Stat. 1145, 1150), from lands outside the boundaries of Cook Inlet Region. This authority shall not be employed to increase or decrease the statutory entitlement of any Village Corporation or Cook Inlet Region, Incorporated. For the purposes of counting acres received in computing statutory entitlement, the Secretary shall count the number of acres or acre selections surrendered by Village Corporations in any exchange for any other lands or selections.

(b) The Secretary shall not be required to survey any land conveyed pursuant to subsection 4(a) until the Village Corporation entitlement for all eligible Village Corporations has been conveyed. With respect to the conveyances made by the Secretary in the manner authorized by subsection 4(a), the Secretary shall survey the exterior boundaries of each entire area conveyed to Cook Inlet Region, Incorporated, pursuant to subsection 4(a) and monument to boundary lines at angle points and intervals of approximately two miles on straight lines. The Secretary shall not be required to provide ground survey or monumentation along meanderable water boundaries. Each township corner located within the exterior boundary of land conveyed shall be located and monumented. Any areas within such tracts that are to be reconveyed pursuant to section 14(C)(1) and (2) or the Settlement Act // 43 USC 1613. // shall also be surveyed pursuant to 43 C.F.R. 2650.

(c) Conveyances made under the authority of subsection (a) of this section shall be considered conveyances under the Settlement Act // 43 USC 1601. // and subject to the provisions of that Act, except as provided by this Act.

Sec. 5. (a) The Secretary shall, within sixty days after the effective date of this Act, tender conveyances of the land described in subsection (b), subject to valid existing rights, to Cook Inlet Region, Incorporated. If the conveyance is accepted by the Region, such lands shall be considered 1,687.2 acre-equivalents within the meaning of paragraph I( C)(2)(e)(iii) of the Terms and Conditions as clarified I( C) August 31, 1976, and the Secretary's obligations under paragraph I( C) of those Terms and Conditions will be reduces accordingly. If, however, said section 12 of the Act of January 2, 1976, does not take effect then the entitlement of Cook Inlet Region, Incorporated, under section 12(c) shall be reduced by 8,346 acres.

(b) The land referred to in subsection (a) is described as a parcel of land located in section 7 of township 13 north, range 2 west of the Seward Meridian, Third Judicial District, State of Alaska; said parcel being all of Government lots 5 and 7 and that portion of the SE1/4 NW1/ 4 lying north of the north right-of-way line of the Glenn Highway, State of Alaska, Department of Highways Project No. F - 042 - 1 (2), and more particularly described as follows:

" Commencing at the north quarter corner of said section 7;

"thence south 00 degrees 12 minutes east, a distance of 1,320.0 feet, more or less, to the northeast corner of said southeast quarter northwest quarter;

"thence west along the north line of southeast quarter northwest quarter a distance of 94.0 feet, more or less, to the north right-of-way line of the Glenn Highway and the true point of beginning;

"thence south 53 degrees 16 minutes 15 seconds west along said north right-of-way line, a distance of 1,415.0 feet, more or less, to a point of curve being at right angles to centerline Station 216 plus 51.35;

"thence continuing along said north right-of-way line along a curve to the right with a central angle of 12 degrees 51 minutes 34 seconds, having a radius of 5,595.58 feet for an arc distance of 105.0 feet, more or less, to a point of intersection of said north right-of-way line with the west line of said southeast quarter northwest quarter;

"thence north 00 degrees 12 minutes west along said west line, being common with the east line of Government lot 5, a distance of 910.0 feet, more or less, to the northwest corner of said southeast quarter northwest quarter;

"thence east along the north line of said southeast quarter northwest quarter, a distance of 1,225.0 feet, more or less, to the point of beginning; containing 56.24 acres, more or less.".

LEGISLATIVE HISTORY:

SENATE REPORT No. 94 - 1170 (Comm. on Interior and Insular Affairs).

CONGRESSIONAL RECORD, Vol 122 (1976):

Sept. 1, considered and passed Senate.

Sept. 23, considered and passes House.

PUBLIC LAW 94-454, 90 STAT. 1518

94th Congress, H.R. 13549 October 2, 1976
An Act To provide for additional income for the United States Soldiers' and Airmen's Home by requiring the Board of Commissioners of such home to collect a fee from the members of such home and by increasing deductions for the support of such home from the pay of enlisted men and warrant officers, and for other purposes.

Be in enacted by the Senate and House of Representatives of the United States of America in Congress assembled, // 24 USC 44b. // That the Board of Commissioners of the United States Soldiers' and Airmen's Home shall collect from members of the home a fee which may be used solely for the operation of the home. The amount of the fee shall be determined by the Board of Commissioners on the basis of financial needs of the home and the ability of the members to pay, but in no case may the fee collected in any month in the case of any member exceed an amount equal to 25 per centum of the monthly--,

(1) military retires pay paid to such member;

(2) civil service annuity paid to such member where such annuity is based in part on years of military service;

(3) disability compensation or pension paid to such member by the Veterans' Administration; or

(4) military retired pay and disability compensation or pension where such member is receiving both retired pay and disabilty compensation or pension.

Sec. 2. // 24 USC 44c. // (a) There shall be deducted each month from the pay of each enlisted man and warrant officer on the active list of the Regular Army and Regular Air Force a sum not to exceed 50 cents which shall be deposited to the credit of the permanent fund, United States Soldiers' and Airmen's Home (trust fund) in the Treasury of the United States. The sums to be deducted shall be fixed from time to time, within the limit prescribed above, by the Secretary of the Army and the Secretary of the Air Force in consultation with the Board of Commissioners of such home so as to meet the annual operating requirements of such home. Such sums may be fixed at different amounts for such enlisted men and warrant officers on the basis of grade or time in service, or both, except that the sums fixed shall be the same for both the Army and Air Force.

(b) The Act entitled " An Act to provide further for the maintenance of United States Soldiers' Home", approved February 13, 1936 (49 Stat. 1137; 24 U.S.C. 44a), is repealed.

Sec. 3. // 24 USC 41 note. // (a) The Comptroller General of the United States shall conduct a study of the operations of the United States Soldiers' and Airmen's Home with a view to determining the short-and long-term financial needs of such home, the appropriate functions of such home, and the operating efficiency of such home.

(b) The Comptroller General shall transmit the results of such study to the Committees on Armed Services of the Senate and the House of Representatives on or before August 1, 1977, together with such comments and recommendations as he deems appropriate.

Sec. 4. The Act of August 29, 1974 (Public Law 93 - 397; 10 U.S.C. 8202 note), is amended by striking out "through September 30, 1976" and inserting in place thereof "through September 30, 1978".

Approved October 2, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1136 (Comm. on Armed Services).

SENATE REPORT No 94 - 1238 (Comm. on Armed Services).

CONGRESSIONAL RECORD, Vol. 122 (1976): May 18, considered and passed House. Sept. 20, considered and passed Senate, amended. Sept. 23, House agreed to Senate amendments.

PUBLIC LAW 94-453, 90 STAT. 1516

94th Congress, H.R. 11722 October 2, 1976
An Act To amend title 18 fo the United States Code to prohibit deprivation of employment or other benefit for political contribution, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 601 of title 18 of the United States Code is amended to read as follows:

" Sec. 601. Deprivation of employment or other benefit

for political

contribution

"(a) Whoever, directly or indirectly, knowingly causes or attempts to cause any person to make a contribution of a thing of value (including services) for the benefit of any candidate or any political party, by means of the denial or deprivation, or the threat of the denial or deprivation, of--,

"(1) any employment, position, or work in or for any agency or other entity of the Government of the United States, a State, or a political subdivision of a State, or any compensation or benefit of such employment, position, or work; or

"(2) any payment or benefit of a program of the United States, a Stae, or a political subdivision of a State;

if such employment, position, work, compensation, payment, or benefit is provided for or made possible in whole or in part by an Act of Congress, shall be fined not more than $10,000, or imprisoned not more than one year, or both.

"(b) As used in this section--,

"(1) the term 'candidate' means an individual who seeks nomination for election, or election, to Federal, State, or local office, whether or not such individual is elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, to Federal, State, or local office, if he has (A) taken the action necassary under the law of a State to qualify himself for nomination for election, or election, or (B) received contributions or made expenditures, or has given his consent for any other persons to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to such office;

"(2) the term 'election' means (A) a general, special primary, or runoff election, (B) a convention or caucus of a political party held to nominate a candidate, (C) a primary election held for the selection of delegates to a nominating convention of a political party, (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President, and (E) the election of delegates to a constitutional convention for proposing amendments to the Constitution of the United States or of any State; and

"(3) the term ' State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory of possession of the United States.".

Sec. 2. The item relating to section 601 in the table of sections for chapter 29 of title 18 of the United States Code is amended to read as follows:

"601. Deprivation of employment or other benefit for political contribution.".

Sec. 3. Section 600 of title 18 of the United States Code is amended by striking out "$1,000" and inserting "$10,000" in lieu thereof.

Sec. 4. (a) Chapter 13 of title 18 of the United States Code is amended by adding at the end the following new section:

" Sec. 246.

// 18 USC 246. //

deprivation of relief benefits

" Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined not more than $10,00 or imprisoned not more than one year, or both.".

(b) The table of sections for chapter 13 of title 18 of the United States Code is amended by adding at the end thereof of following new item: "246. Deprivation of relief benefits.".

Approved October 2, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 986 (Comm. on the Judiciary).

SENATE REPORT No. 94 - 1245 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 122 (1976): Apr. 5, considered and passed House. Sept. 21, considered and passed Senate, amended. Sept. 22, House concurred in Senate amendments.

PUBLIC LAW 94-452, 90 STAT. 1503

94th Congress, H.R. 11997 October 2, 1976
An Act To amend the Internal Revenue Code of 1954 with respect to the tax treatment of certain divestitures of assets by bank holding companies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the " Bank Holding Company Tax Act of 1976". // 26 USC 1101 note. //

SEC. 2. DISTRIBUTIONS PURSUANT TO BANK HOLDING

COMPANY ACT

AMENDMENTS OF 1970.

(a) Tax-Free Distributions.--Part VIII of subchapter O of chapter 1 of the Internal Revenue Code of 1954 (relating to distributions pursuant to Bank Holding Company Act of 1956) // 12 USC 1841 note. // is amended to read as follows:

" PART VIII-- DISTRIBUTIONS PURSUANT TO BANK HOLDING COMPANY ACT " Sec. 1101. Distributions pursuant to Bank Holding

Company Act.

" Sec. 1102. Special rules. " Sec. 1103. Definitions. " SEC. 1101.

// 26 USC 1101. // DISTIRBUTIONS PURSUANT TO BANK HOLDING COMPANY ACT.

"(a) Distributions of Certain Non-Banking Property.--,

"(1) Distributions of PROHIBITED PROPERTY.-- If--,

"(A) a qualified bank holding corporation distributes prohibited property (other than stock received in an exchange to which subsection (c)(2) applies)--,

"(i) to a shareholder (with respect to its stock held by such shareholder), without the surrender by such shareholder of stock in such corporation, or

"(ii) to a shareholder, in exchange for its preferred stock or

"(iii) to a security holder, in exchange for its securities, and

"(B) the Board has, before the distribution, certified that the distribution of such prohibited property is necessary or appropriate ot effectuate section 4 of the Bank Holding Company Act,

then no gain to the shareholder or security holder from the receipt of such property shall be recognized.

"(2) Distributions of stock and securities received in an exchange to which subsection (c)(2) applies.--If--,

"(A) a qualified bank holding corporation distributes

"(i) common stock received in an exchange to which subsection (c)(2) applies to a shareholder (with respect to its stock held by such shareholder), without the surrender by such shareholder of stock in such corporation, or

"(ii) common stock received in an exchange to which subsection (c)(2) applies to a shareholder, in exchange for its common stock, or

"(iii) preferred stock or common stock received in an exchange to which subsection (c)(2) applies to a shareholder, in exchange for its preferred stock, or

"(iv) securities or preferred or common stock received in an exchange to which subsection (c)(2) applies to a security holder in exchange for its securities, and

"(B) any preferred stock received has substantially the same terms as the preferred stock exchanged, and any securities received have substantially the same terms as the securities exchanged,

then, except as provided in subsection (f), no gain to the shareholder or security holder from the receipt of such stock or such securities or such stock and securities shall be recognized.

"(3) Pro rata and other requirements.--,

"(A) In GENERAL.-- Paragraphs (1) and (2) of this subsection, or paragraphs (1) and (2) of subsection (b), as the case may be, shall apply to any distribution to the shareholders of a qualified bank holding corporation only if each distribution--,

"(i) which is make by such corporation to its shareholders after July 7, 1970, and on or before the date on which the Board makes its final certification under subsection (e), and

"(ii) to which such paragraph (1) and (2) applies (determined without regard to this paragraph), meets the requirements of subparagraph (B), (C), or (D).

"(B) Pro rata requirements.--A distribution meets the requirements of this subparagraph if the distribution of pro rata with respect to all shareholders of the distributing qualified bank holding corporation or with respect to all shareholders of common stock of such corporation.

"(C) Redemptions when uniform offer is made.--A distribution meets the requirements of this subparagraph if the distribution is in exchange for stock of the distributing qualified bank holding corporation and such distribution is pursuant to a good faith offer made on a uniform basis to all shareholders of the distributin qualified bank holding corporation or to all shareholders of common stock of such corporation.

"(D) Non-pro rata distributions form certain closely-held corporations.--A distribution meets the requirements of this subparagraph if such distribution is made by a qualified bank holding corporation which does not have more than 10 shareholders (within the meaning of section 1371

// 26 USC 1371. // (a)(1))

and does not have as a shareholder a person (other than an estate) which is not an individual, and if the Board (after consultation with the Secretary or his delegate) certifies that--,

"(i) a distribution which meets the requirements of subparagraph (B) or (C) is not appropriate to effectuate section 4 or the policies of the Bank Holding Company Act,

// 12 USC 1843. //

and

"(ii) the distribution being made is necessary or appropriate ot effectuate section 4 of the policies of such Act.

"(4) Exception.--This subsection shall not apply to any distribution by a corporation if such corporation, a corporation having control of such corporation, or a subsidiary of such corporation has made any distrubution pursuant to subsection (b) or has made an election under section 6158 with respect to bank property (as defined in section 6158( f)(3)).

"(5) Distributions involving gift or compensation.--In the case of a distribution to which paragraph (1) or (2) applies but which--,

"(A) results in a gift, see section 2501

// 26 USC 2501. //

following, or

"(B) has the effect of the payemtn of compensation, see section 61.

// 26 USC 61. //

"(b) Corporation Ceasing To Be a Bank Holding Company.--,

"(1) Distributions of property which cause a corporation to be a bank holding company.--If--,

"(A) a qualified bank holding corporation distributes property (other than stock received in an exchange to which subsection (c)(3) applies)--,

"(i) to a shareholder (with respect to its stock held by such shareholder), without the surrender by such shareholder of stock in such corporation, or

"(ii) to a shareholder, in exchange for its preferred stock, or

"(iii) to a security holder, in exchange for its securities, and

"(B) the Board has, before the distribution, certified that--,

"(i) such property is all or part of the property by reason of which such corporation controls (within the meaning of section 2( a) of the Bank Holding Company Act) USC 1841. // a bank or bank holding company, or such property is part of the property by reason of which such corporation did control a bank or a bank holding company before any property of the

d same kind was

distributed under this subsection or exchanged under subsection (c)(3), and

"(ii) the distribution is necessary of appropriate to effectuate the policies of such Act,

then no gain to the shareholder or security holder from the receipt of such property shall be recognized.

"(2) Distributions of stock and securities received in an exchange to which subsection (c)(3) applies.--If--,

(A) a qualified bank holding corporation distributes--,

"(i) common stock received in an exchange to which subsection (c)(3) applies to a shareholder (with respect to its stock held by such shareholder), without the surrender by such shareholder of stock in such corporation, or

"(ii) common stock received in an exchange to which subsection (c)(3) applies to a shareholder in exchange for its common stock, or

"(iii) preferred stock or common stock received in an exchange to which subsectoin (c)(3) applies to a shareholder, in exchange for its preferred stock, or

"(iv) securities or preferred or common stock received in an exchange to which subsection (c)(3) applies to a security holder, in exchange for its securities, and

"(B) and preferred stock received ahs substantially the same terms as the preferred stock exchanged, and any securities received have substantially the same terms as the securities exchanged.

then, except as provided in subsection (f), no gain to the shareholder or security holder from the receipt of such stock or such securities or such stock and securities shall be recognized

"(3) Pro rata and other requirements.--For pro rata and other requirements, see subsection (a)(3).

"(4) Exception.--This subsection shall not apply to any distribution by a corporation if such corporation, a corporation having control of such cororation, or a subsidiary of such corporation has made by any distribution pursuant to subsection (a) or has made an election under section 6158 with respect to prohibited property.

"(5) Distributions involving gift or compensation.--In the case of a distribution to which paragraph (1) or (2) applies but which--,

"(A) results in a gift, see section 2501 USC 2501. // and following, or

"(B) has the effect of the payment of compensation, see section 61.

// 26 USC 61. //

"(c) Property Acquired After July 7, 1970.--,

"(1) In general.--Except as provided in paragraphs (2) and (3), subsection (a) or (b) shall not apply to--,

"(A) any property acquired by the distributing corporation after July 7, 1970, unless (i) gain to such corporation with respect to the receipt of such property was not recognized by reason of subsection (a) or (b), or (ii) such property was received by it in exchanged for all of its stock in an exchange to which paragraph (2) or(3) applies, or (iii) such property was acquired by thedistributing corporation in a transaction in which gain was not recognized under section 305(a) or section 332, or under section 354 or 356 (but only

with rwith respect to property permittedc by section 354 or 356 // 26 USC 305, 322, 354, 356. //

to be received without the recognition or gain or loss) with repect ot a reorganization described in section 368(a)(1) (A), (B), (E) or (F),

// 26 USC 368. //

or

"(B) any property which was acquired by the distributing corporation in a distribution with respect to stock acquired by such corporation after July 7, 1970, unless such stock was acquired by such corporation (i) in a distribution (with respect to stock held by it on July 7, 1970, or with respect to stock in respect of which all previous applications of this clause are satisfied) with respect to which gain to it was not recognized by reason of subsection (a) or (b), or (ii) in exchange for all of its stock in an exchange to which paragraph (2) or (3) applies, or (iii) in a transaction in which gain was not recognized under section 305(a) or section 332, or under section 354 or 356 (but only with respect to property permitted by seciton 354 or 356 to be received without the recognition of gain or loss) with respect to a reorganization described in section 368(a)(1) (A), (B), (E), or (F), or

"(C) any property acquired by the distributing corporation in a transaction in which gain was not recognized under section 332,

// 26 USC 332. //

unless such property was acquired from a corporation which, if it had been a qualified bank holding corporation, could have distributed such property under subsection (a)(1) or (b)(1), or

"(D) any property acquired by the distributing corporation in a transaction in which gain was not recognized under section 354 or 356

// 26 USC 354, 356. //

with respect to a reorganization described in section 368(a)(1) (A) or (B),

// 26 USC 368. //

unless such property was acquired by the distributing corporation in exchange for property which the distributing corporation could have distributed under subsection (a)(1) or (b)(1).

"(2) Exchanges involving prohibited property.--If--,

"(A) any qualified bank holding corporation exchanges (i) property, which, under subsection (a)(1), such corporation could distribute directly to its shareholders or security holders without the recognition of gain to such shareholders or security holders, an other property (except property described in subsection (b)(1)(B)(i)), for (ii) all of the stock of a second corporation created and availed of solely for the purpose of receiving such property,

"(B) immediately after the exchange the qualified bank holding corporation distributes all of such stock in a manner prescribed in subsection (a)(2)(A), and

"(C) before such distribution, the Board has certified (with respect to the property exchanged which consists of property which, under subsection (a)(1), such corporation could distribute directly to its shareholders or security holders without the recognition or gain) that the exchange and distribution are necessary or appropriate to effectuate section 4 of the Bank Holding Company Act,

// 12 SUC 1843. // then paragraph (1) shall not apply with respect to such distribution.

"(3) Exchanges involving interests in banks.--If--,

"(A) any qualified bank holding corporation exchanges (i) property which, under subsection (b)(1), such corporation could distribute directly to its shareholders or security holders with out the recognition of gain to such shareholders or security holders, and other property (except prohibited property), for (ii) all of the stock of a second corporation created and availed of solely for the prupose of receiving such property.

"(B) immediately after the exchange, the qualified bank holding corporation distributes all of such stock in a manner prescribed in subsection (b)(2)(A), and

"(C) before such distribution, the Board has certified (with respect to the property exchanged which consists of property which, under subsection (b)(1), such corporation could distribute directly to its shareholders or security holders without the recognition of gain) that--,

"(i) such property is all or part of the property by reason of which such corporation controls (within the meaning of section i( a) of the Bank Holding Company Act)

// 12 USC 1841. //

a bank or bank holding company, or such property is part of the property by reason of which such cprporation did control a bank or a bank holding company brfore any property of the same kind was distributed under subsection (b)(1) or exchanged under this paragraph, and

"(ii) the exchange and distribution are necessary or appropriate to effectuate the policies of such Act,

then paragraph (1) shall not apply with respect to such distribution.

"(d) Distributions To Avoid Federal Income Tax.--,

"(1) Prohibited PROPERYT.-- Subsection (a) shall not apply to a distribution if, in connection with such distribution, distributing corporation retains, or transfers after July 7, 1970, to any corporation, property (other than prohibited property) as part of a plan one of the principal purposes of which is the distribution of the earnings and profits of any corporation.

"(2) Banking PROPERTY.-- Subsection (b) shall not apply to a distribution if, in connection with such distribution, the distributing corporation retains, or transfers after July 7, 1970 to any corporation, property (other than property described in subsection (b)(1)(B)(i)) as part of a plan one of the principal purposes of which is the distribution of the earnings and profits of any corporation.

"(e) Final Certification.--,

"(1) For subsection (a).--Subsection (a) shall not apply with respect to any distribution by a corporation unless the Board certifies, before the close of the calendar year following the calendar year in which the last distribution occurred, that the corporation has (before the expiration of the period prohibited property is permitted under the Bank Holding Company Act

// 12 USC 1841 note. //

to be held by a bank holding company) disposed of all of the property the disposition of which is necessary of appropriate to effectuate section 4 of the Bank Holding Company Act.

// 12 USC 1843. //

"(2) For SUBSECTION (b).--Subsection (b) shall not apply with respect to any distribution by a corporation unless the Board certifies, before the colse of the calendar year following the calendar year in which the last distribution occurred, that the corporation has (before the expiration of the period prohibited property is permitted under the Bank Holding Company Act to be held by a bank holding company) ceased to be a bank holding company.

"(f) Certain Exchanges of Securities.--In the case of an exchange described in subsection (a)(2)(A)(iv) or subsection (b)(2)(A)(iv), subsection (a) or subsection (b) (as the case may be) shall apply only to the extent that the principle amount of the securities received does not exceed the principal amount of the securities exchanged.

" SEC. 1102.

// 26 USC 1102. //

SPECIAL RULES.

"(a) Basis of Property Acquired in Distributions.--If, by reason of section 1101, gain is not recognized with respect to the receipt of any property, then, under regulations prescribed by the Secretary or his delegate--,

"(1) if the property is received by a shareholder with respect to stock without the surrender by such shareholder of stock, the basis of the property received and of the stock with respect to which it is distributed shall, in the distributee's hands, be determined by allocating between such properyt and such stock the adjusted basis of such stock, or

"(2) if the property is received by a shareholder in exchange for stock or by a security holder in exchange for securities, the basis of the property received shall, in the distributee's hands, be the same as the adjusted basis of the stock or securities exchanged, increased by the amount of gain to the taxpayer recognized on the property received.

"(b) Periods of Limitation.--The periods of limitaiton provided in section 6501 // 26 USC 6501. // (relating to limitations on assessment and collection) shall not expire, with respect to any deficiency (including interest and additions to the tax) resulting solely from the receipt of property by shareholders in a distribution which is certified by the Board under subsection (a), (b) or (c) of section 1101, until 5 years after the distributing corporation notifies the Secretary or his delegate (in such manner and with such accompanying information as the Secretary or his delegate may by regulations prescribe)--,

"(1) that the final certification will not be made; section 1101 has been made, or

"(2) that such final certification will not be made;

and such assessment may be made notwithstqanding any provision of law or rule of law which would otherwise prevent such assessment.

"(c) Allocation of Earnings and Profits.--,

"(1) Distribution of stock in a controlled corporation.--In the case of a distribution by a qualified bank holding corporation under section 1101 (a)(1) or (b)(1) of stock in a controlled corporation, proper allocation with respect to the earning and profits of the distributing corporation and the controlled corporation shall be made under regulations prescribed by the Secretary or his delegate.

"(2) Exchanges described in seciton 1101(c)(2) of (3).--In the case or any exchange described in section 1101(c) (2) or (3), proper allocation with respect to the earnings and profits of the corporation transferring the property and the cprporation receiving such property shall be made under regulations prescribed by the Secretary or his delegate.

"(3) Definition of controlled corporation.--For purposes of paragraph (1), the term 'controlled corporation' means a corporation with respect to which at least 80 percent of the total combined voting power of all classes of stock entitled to vote and at least 80 percent of the total number of shares of all other classes of stock is owned by the distributing qualified bank holding corporation.

"(d) Itermization of Property.--In any certification under this part, the Board shall make such specification and itemization of property as may be necessary to carry out the provisions of this part.

" SEC. 1103.

// 26 USC 1103. //

DEFINITIONS.

"(a) // 12 USC 1841 note. // Bank Holding Company; Bank Holding Company Act.--, For purpose of this part--,

"(1) Bank holding company.--The term 'bank holding company' means--,

"(A) a bank holding company within the meaning of section 2(a) of the Bank Holding Company Act,

// 12 USC 1841. //

or

"(B) a bank holding company subsidiary within the meaning of section 2(d) of such Act.

"(2) Bank holding company act.--The term ' Bank Holding Company Act' means the Bank Holding Company Act of 1956, as amended through December 31, 1970 (12 U.S.C. 1841 et seq.).

"(b) Qualified Bank Holding Corporation.--,

"(1) In general.--Except as provided in paragraph (2), for purposes of this part the term 'qualified bank holding corporation' means any corporation (as defined in section 7701( a)(3))

// 26 USC 7701. //

which is a bank holding company and which holds prohibited property acquired by it--,

"(A) on or before July 7, 1970,

"(B) in a distribution in which gain to such corporation with respect to the receipt of such property was not recognized by reason of subsection (a) or (b) of section 1101, or

"(C) in exchange for all of its stock in an exchange described in section 1101 (c)(2) or (c)(3).

"(2) Limitations.--,

"(A) A bank holding company shall not be a qualified bank holding corporation, unless it would have been a bank holding company on July 7, 1970, if the Bank Holding Company Act Amendments of 1970

// 12 USC 1841 note. //

had been in effect on such date, or unless it is a bank holding company determined solely by reference to--,

"(i) property acquired by it on or before July 7, 1970,

"(ii) property acquired by it in a distribution in which gain to such corporation with respect to the receipt of such preperty was not recognized by reason of subsection (a) or (b) section 1101, or

"(iii) property acquired by it in exchange for all of its stock in an exchange described in section 1101(c) (2) or (3). For purposes of this subparagraph, property held by a corporation having control of the corporation or by a subsidiary of the corporation shall be treated as held by the corporation.

"(B) A bank holding company shall not be a qualified bank holding corporation by reason of property described in subparagraph (B) of paragraph (1) or clause (ii) of subparagraph (A) of this paragraph, unless such property was acquired in a distribution with respect to stock, which stock was acquired by such bank holding company--,

"(i) on or before July 7, 1970,

"(ii) in a distribution (with respect to stock held by it on July 7, 1970, or with respect to stock in respect by which all previous applications of this clause are satisfied) with respect to which gain to it was not recognized by reason of subsection (a) or (b) of section 1101, or

"(iii) in exchange for all its stock in an exchange described in section 1101(c) (2) or (3).

"(C) A corporation shall be treated as a qualified bank holding corporation only if the Board certifies that it satisfies the foregoing requirements of this subsection.

"(3) Certain successor corporation.--For purposes of this subsection, a sucessor corporation in a reorganization described in section 368(a)(1)(F)

// 26 USC 368. //

shall suceed to the status of its predecessor corporation as a qualified bank holding corporation.

"(c) Prohibited Property.--For purposes of this part, the term 'prohibited property' means, in the case of any bank holding company, property (other than nonexempt property) the disposition of which would be necessary or appropriate to effectuate section 4 of the Bank Holding Company Act // 12 USC 1843. // if such company continued to be a bank holding company beyond the period (including any extensions thereof) specified in subsection (a) of such section. The term 'prohibited property' also includes shares of any company not in excess of 5 percent of the outstanding voting shares of such company if the prohibitions of section 4 of such Act apply to the shares of such company in excess of such 5 percent.

"(d) Nonexempt Property.--For purposes of this part, the term 'nonexempt property'means--,

"(1) obligations (including notes, drafts, bills of exchange, and bankers' acceptances) having a maturity at the time of issuance of not exceeding 24 months, exclusive of days of grace,

"(2) securities issued by or guaranteed as to principal or interest by a government or subdivision thereof or by any instrumentality of a government or subdivision, or

"(3) money, and the right to receive money not evidenced by a security or obligation (other than a security or obligation described in paragraph (1) or (2).

"(e) Board.--For purposes of this part, the term ' Board' means the Board of Governors of the Federal Reserve System.

"(f) Control; Subsidiary.--For purposes of this part--,

"(1) Control.--Except as provided in section 1102(c)(3), a corporation shall be treated as having control of another corporation if such corporation has control (within the meaning of section 2(a)(2) of the Bank Holding Company Act)

// 12 USC 1841. //

of such other corporation.

"(2) Subsidiary.--The term 'subsidiary' has the meaning given to such term by section 2(d) of the Bank Holding Company Act.

"(g) Election To Forego Grandfather Provison for All Property Representing Pre-June 30, 1968, Activities.--Any bank holding company may elect, for purposes of this part and section 6158, to have the determination of whether property is property described in subsection (c) or is property eligible to be distributed without recognition of gain under section 1101(b)(1) made under the Bank Holding Company Act as if such Act did not contain the proviso of section 4(a)(2) thereof. Any election under this subsection shall apply to all property described is such proviso and shall be made at such time and in such manner as the Secretary or his delegate may by regulations prescribe. Any such election, once made, shall be irrevocable. An election under this subsection or subsection (h) shall not apply unless the final certification referred to in section 1101(e) or section 6158(c)(2), as the case may be, includes a certification by the Board that the bank holding company has disposed of either all banking property or all nonbanking property.

"(h) Election To Divest All Banking or Nonbanking Property in Case of Certain Closely Held Bank Holding Companies.--Any bank holding company may elect, for purposes of this part and section 6158, to have the determination of whether property is property described in subsection (c) or is property eligible to be distributed without recognition of gain under section 1101(b)(1) made under the Bank Holding Company Act. // 12 USC 1843. // Any election under this subsection shall apply to all property described in subsection (c), or to all property eligible to be distributed without recognition of gain under section 1101(b)(1), as the case may be, and shall be made at such time and in such manner as the Secretary or his delegate may by regulations prescribe. Any such election, once made, shall be irrevocable."

(b) Amendment of Section 311 // 26 USC 311. // (d).--Paragraph (2) of section 311(d) of such Code (relating to exceptions and limitations to the recognition of gain where appreciated property is used to redeem stock) is amended by striking out "and" at the end of subparagraph (F), by striking out the period at the end of subparagraph (G) and inserting in lieu thereof "; and", and by adding at the end thereof the following new subparagraph:

"(H) a distribution of stock to a distributee which in not an organization exempt from tax under section 501(a),

// 26 USC 501. //

if with respect to such distributee, subsection (a)(1) or (b)(1) of section 1101 (relating to distributions pursuant to Bank Holding Company Act) applies to such distribution."

(c) Clerical Amendment.--The table of parts for subchapter O of chapter 1 of such Code is amended by striking out "of 1956".

(d) // 26 USC 1101 note. // Effective Date.--,

(1) For SUBSECTION (a).--The amendments made by subsections (a) and (c) shall take effect on October 1, 1977, with respect to distributions after July 7, 1970, in taxable years ending after July 7, 1970, but only in the case of qualified bank holding corporations (within the meaning of section 1103(b) of the Internal Revenue Code of 1954, as amended by subsection (a) of this section).

(2) Special rule for certifying distributions which have have already taken place.--For purposes of secitons 1101(a)(1) (B), 1101(a)(3)(D), 1101(b)(1)(B), 1101(c)(2)(C), 1101(c)(3) (C), and 1101(e) of this seciton), in the case of any distribution which takes place on or brfore the 90th day after the date of the enactment of this Act, a certification by the Federal Reserve Board described in any such section shall be treated as

made before the distribution (or, in the case of section 1101(e),

before the close of the calendar year following the calendar year in which the last distribution occurred) if application for such certification is made before the colse of the 90th day after the date of the enactment of this Act.

(3) Period of limitations.--If refund or credit of any overpayment of income tax attributable to the amendment made by subsection (a) is prevented at any time before October 1, 1978, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed of claim therefor is filed before October 1, 1978.

(4)

// 26 USC 311 note. // For subsection (b).--The amendment made by subsection

(b) shall take effect on October 18 1977, with respect to distributions after December 31, 1975, in taxable years ending after December 31, 1975.

SEC. 3. INSTALLMENT PAYMENT OF TAX.

(a) Installment Payment.--Subchapter A of chapter 62 of the Internal Revenue Code of 1954 (relating to place and due date for payment of tax) is amended by adding at the end thereof the following new section:

" SE. 6158.

// 26 USC 6158. //

INSTALLMENT PAYMENT OF TAS ATTRIBUTABLE TO

DIVESTITURES PURSUANT TO BANK HOLDING COMPANY

ACT AMENDMENTS OF 1970.

"(a) Election of Extension.--If, after July 7, 1970, a qualified bank holding corporation sells bank property or prohibited property, the divestiture of either of which the Board certifies, before such sale, is necessary or appropriate to effectuate section 4 or the policies of the Bank Holding Company Act, // 12 USC 1843. // the tax under chapter 1 attributable to such sale shall, at the election of the taxpayer, be payable in equal annual installments beginning with the due date (determined without extension) for the taxpayer's return of tax under chapter 1 for the taxable year in which the sale occurred and ending with the corresponding date in 1985. If the number of installments determined under the preceding sentence is less than 10, such number shall be increased to 10 equal annual installments which begin as provided in the preceding sentence and which end on the corresponding date 10 years later. An election under this subsection shall be made at such time and in such manner as the Secretary or his delegate may by regulations prescribe.

"(b) Limitations.--,

"(1) Treatment not available to taxpayer for both bank property and prohibited property.--This section shall not apply to any sale of prohibited property if the taxpayer (or a corporation having control of the taxpayer or a subsidiary of the taxpayer) has made an election under subsection (a) with respect to bank property or has made any distribution pursuant to section 1101(b). This section shall not apply to bank property if the taxpayer (or a corporation having control of the taxpayer or a subsidiary of the taxpayer) has made an election under subsection (a) with respect to prohibited property or has made any distribution prusuant to section 1101(a).

// 26 USC 1101. //

"(2) Treatment not available for certain installment sales.-- No election may be made under subsection (a) with respect to a sale if the income from such sale is being returned at the time and in the manner provided in section 453

// 26 USC 453. //

(relating to installment method).

"(c) Acceleration of Payments.--If an election is made under subsection (a) and before the tax attributable to such sale is paid in full--,

"(1) any installment under this section is not paid on or before the date fixed by this section for its payment, or

"(2) the Board fails to make a certification similar to the applicable certification provided in section 1101(e) within the time prescribed therein (for this purpose treating the last such sale as constituting the last distribution),

then the extension of time for payment of tax provided in this section shall cease to apply, and any portion of the tax payable in installments shall be paid on notice and demand from the Secretary or his delegate.

"(d) Proration of Deficiency to Installments.--If an election is made under subsection (a) and a deficiency attributable to the sale has been assessed, the deficiency shall be prorated to such installments. The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid on notice and demand from the Secretary or his delegate. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.

"(e) Bond May Be Required.--If an election is made under this section, section 6165 // 26 USC 6165l // shall apply as though the Secretary were extending the time for payment of the tax.

"(f) Definitions.--For purposes of this section--,

"(1) Terms have meanings given to them by section 1103.--, The terms 'qualified bank holding corporation', ' Bank Holding Company Act', ' Board'; 'control', and 'subsidiary' have the respective meanings given to such terms by section 1103.

"(2) Prohibited property.--The term 'prohibited property' means property held by a qualified bank holding corporation which could be distributed without recognition of gain under section 1101(a)(1).

"(3) Bank property.--The term 'bank property' means property held by a qualified bank holding corporation which could be distributed without recognition of gain under section 1101(b)(1).

"(g) Cross References.--,

"(1) Security.--For authority of the Secretary or his delegate to require security in the case of an extension under this section, see section 6165. "(2) Period of limitation.--For extension of the period of limitation in the case of an extension under this section, see section 6503(i)."

(b) Extension of Time for Collection of Tax.--Section 6503 of such Code // 29 USC 6503. // (relating to suspension of running of period of limitation) is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection:

"(i) Extensin of Time for Collectin Tax Attributable to Divestitures Pursuatn to Bank Holding Company Act Amendments of 1970.--, // 12 USC 1841 note. // The running of the period of limitations for collection of the tax attributable to a sale with respect to which the taxpayer makes an election under section 6158(a) shall be suspended for the period during which there are any unpaid installments of such tax."

(c) Technical Amendments.--,

(1) The table of sections for subchapter A of chapter 62 of such Code is amended by adding at the end thereof the following new item:

" Sec. 6158. Installment payment of tax attributable to

divestitures pursuant

to Bank Holding Company Act Amendments of

1970."

(2) Subsection (a) of section 6151

// 26 USC 6151. //

of such Code (relating to time and place for paying tax shown on returns) is amended by striking out "section," and inserting in lieu thereof "subchapter,".

(3) Paragraph (2) of section 6601

// 26 USC 6601. //

(b) of such Code (relating to interest) is amended--, (A) by striking out "or 6156(a)" and inserting in lieu thereof ", 6156( a), or 6158(a)",

(B) by striking out "or 6156(b)" and inserting in lieu thereof ", 6156(b), or 6158(a)"; and

(C) by inserting at the end thereof the following new sentence: " For purposes of subparagraph (A), section 6158(a) shall be treated as providing that the date prescribed for payment of each installment shall not be later than the date prescribed for payment of the 1985 installment."

(d) Applicability to Certain Successor Corporations.-- // 26 USC 1101 note. // If, after July 7, 1970, and before August 1, 1974--,

(1) a corporation acquires substantially all of the properties of a qualified bank holding corporation (as defined in section 1103(b) fo the Internal Revenue Code of 1954) in a transaction described in section 368(a)(1)(A)

// 26 USC 368. // and 368 (a)(2)(D), and

(2) the acquiring corporation (or a corporation in control of the acquiring corporation) acquires beneficial interest in shares described in section 2(g)(2) of the Bank Holding Company Act (as defined in section 1103(a)(2) of the Internal Revenue Code of 1954) in a transaction to which seciton 351

// 12 USC 351. //

applies,

then, the acquiring corporation (or a corporation which is in control (within the meaning of section 2na)(2) of such Act) of the acquiring corporation or a subsidiary (within the meaning of section 2(d) of such Act) of the corporation for purposes of section 1103 (b) and 6158 of the Internal Revenue Code of 1954 and the shares described in such section 2(g)(2) shall be considered property which is acquired by such corporation, for purposes of section 1101(c)(1)

(A) (iii) of the Internal Revenue Code of 1954, // 26 USC 6158 note. // after July 7, 1970.

(e) Effective Dates.--,

(1) In general.--The amendments made by this section shall take effect on October 1, 1977, with respect to sales after July 7, 1970, in taxable years ending after July 7, 1970, but only in the case of qualified bank holding corporations (within the meaning of section 1103(b) of the Internal Revenue Code of 1954, as amended by section 2(a) of the Act).

(2) Special rule for certifying sales which have already taken place.--For purposes of section 6158(a) of the Internal Revenue Code of 1954 (as added by subsection (a) of this section) in the case of any sale which takes place on or before the 90th day after the date of the enactment of this Act, a certification by the Federal Reserve Board described in section 6158(a) shall be treated as made before the sale if application for such certification is made before the close of the 90th day after the date of the enactment of this Act.

(3) Refund of tax.--,

(A) In general.--If any tax attributable to a sale which occurred before October 1, 1977, is payable in annual installments by reason of an election under section 6158(a) of the Internal Revenue Code of 1954, any portion of such tax for which the due date of the installment does not occur before October 1, 1977, shall, on application of the taxpayer, be treated as an overpayment of tax.

(B) Interest on overpayments.--For purposes of section 6611( b), in the case of any overpayment attributable to subparagraph (A), the date of the overpayment shall be the day which is 6 months after the latest of the following:

(i) the date on which application for refund or credit of such overpayment is filed,

(ii) the due date prescribed by alw (determined without extensions) for filing the return of tax under chapter 1 of the Internal Revenue Code of 1954 for the taxable year the tax of which is being refunded or credited, or

(iii) the date of the enactment of this Act.

(C) Extension of period of limitations.--If any refund or credit of tax attributable to the application of subparagraph (A) is prevented at any time before October 1, 1978, by the operation of any law or rule of law, refund or credit of such overpayment may, nevertheless, be made or allowed if claim therefor is filed before October 1, 1978.

Approved October 2, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 879 (Comm. on Ways and Means).

SENATE REPORT No. 94 - 1192 (Comm. on Finance).

CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 15, considered and passed House. Sept. 21, considered and passed Senate.

PUBLIC LAW 94-451, 90 STAT. 1502

94th Congress, H.R. 11321 October 2, 1976
An Act To suspend until July 1, 1978, the duty on certain elbow prostheses if imported for charitable therapeutic use, or for free distribution, by certain public or private nonprofit institutions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S. C. 1202) is amended by inserting after item 912.05 the following new item: "912.07 Externally-powered electric elbow prosthetic devices for juvenile amputees (provided for item 709.57, part 2 B, schedule 7), and parts thereof, if imported solely for charitable therapeutic use, or distribution free of charge, by any public or private nonprofit

institution

established for educational, scientific, or therapeutic purposes.. Free No change On or before

06/30/78. "..

Sec. 2. The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of te enactment of this Act.

Approved October 2, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1065 (Comm. on Ways and Means).

SENATE REPORT No. 94 - 1174 (Comm. on Finance).

CONGRESSIONAL RECORD, Vol. 122 (1976): May 17, considered and passed House. Sept. 23, considered and passed Senate.

PUBLIC LAW 94-450, 90 STAT. 1501

94th Congress, S. 3095 October 1, 1976
An Act To increase the protection of consumers by reducing permissible deviations in the manufacture of articles made in whole or in part of gold.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " Gold Labeling Act of 1976".

Sec. 2. Section of the Act of June 13, 1906 (34 Stat. 260; 15 U.S. C. 295), is amended--,

(1) by striking out "one-half of one carat" an inserting in lieu thereof "three one-thousandth parts";

(2) by striking out "; except" and all that follows through "incased or inclosed" immediately before the first proviso;

(3) by striking out "in the case of any article mentioned in this section" in the second proviso;

(4) by striking out "in such article" in the second proviso and inserting in lieu thereof "in an article mentioned in this section"; and

(5) by striking out "than one carat" in the second proviso and inserting in lieu thereof "than three one-thousandth parts in the case of a watchcase or flatware, or than seven one-thousandth parts, in the case of any other such article,".

Sec. 3. The amendments made by section 2 of this Act shall take effect five years after the date of enactment of this Act and shall not apply with respect to any article of merchandise which is sold by any manufacturer or importer before the effective date of such amendments.

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1617 (Comm. on Interstate and Foreign Commerce).

SENATE REPORT No. 94 - 812 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 122 (1976): May 13, considered and passed Senate. Sept. 20, considered and passed House, amended. Sept. 21, Senate concurred in House amendment.

PUBLIC LAW 94-449, 90 STAT. 1500

94th Congress, S. 3052

October 1, 1976

An Act To authorize orientation and language training for families of certain officers and employees of the Department of Agriculture.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 602 of the Agricultural Act of 1954, as amended, // 7 USC 1701. // is amended by adding at the end thereof a new subsection as follows:

"(f) Effective October 1, 1976, the Secretary of Agriculture is authorized to provide appropriate orientation and language training to families of officers and employees of the Department of Agriculture in anticipation of an assignment abroad of such officers and employees or while abroad pursuant to this Act or other authority: Provided, That the facilities of the Foreign Service Institute or other Government facilities shall be used wherever practicable, and the Secretary may utilize foreign currencies generated under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended, // 7 USC 1701. // to carry out the purposes of this subsection in the foreign nations to which such officers employees, and families are assigned. There are hereby authorized to be appropriated such sums, not to exceed $50,000 annually, as may be necessary to carry out the purposes of this subsection: Provided, That for the fiscal year ending September 30, 1977, any appropriations available to the Secretary of Agriculture (not to exceed $50,000) may be used to carry out the purposes of this subsection. The Secretary of Agriculture shall submit to the House Committee on Agriculture and the Senate Committee on Agriculture and Forestry not later than ninety days after the end of each fiscal year a detailed report showing activities carried out under the authority of this subsection during such fiscal year.".

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 1158 and No. 94 - 1158, Pt. II both accompanying H.R. 11868 (Comm. on Agriculture) and No. 94 - 1424 (Comm. of Conference).

SENATE REPORT No. 94 - 691 (Comm. on Agriculutre and Forestry).

CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 16, considered and passed Senate. June 7, considred and passed House, amended, in lieu of H.R. 11868. Sept. 14, House agreed to conference report. Sept. 22, Senate agreed to conference report.

PUBLIC LAW 94-448, 90 STAT. 1499

94th Congress, S. 2090 October 1, 1976
An Act To make the provisions of section 1331(e) of title 10, United States Code, retroactive to November 1, 1953.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of survivor annuities under subchapter I chapter 73 of title 10, United States Code, // 10 USC 1331 note. // and under prior corresponding provisions of law, the provisions of section 1331(e) of such title 10, // 10 USC 1435. // relating to the date of entitlement to retired pay under chapter 67 of such title 10, // 10 USC 1331. // shall be effective as of November 1, 1953.

Sec. 2. // 10 USC 1331 note. // No benefits shall be paid to any person for any period prior to the date of encatment of this Act as a result of the enactment of this Act.

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 1436, Pt. I (Comm. on Armed Services) and No. 94 - 1436, Pt. II (Comm. on Appropriations). SENATE REPORT No. 94 - 560 (Comm. on Armed Services).

CONGRESSIONAL RECORD:

Vol. 121 (1975: Dec. 17, considered and passed Senate.

Vol. 122 (1976): Sept. 20, considered and passed House.

PUBLIC LAW 94-447, 90 STAT. 1497

94th Congress, H.R. 15194 October 1, 1976
An Act Making appropriations for public works employment for the period ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for public works employment for the period ending September 30, 1977, and for other purposes, namely:

TITLE I CHAPTER I DEPARTMENT OF COMMERCE Economic Development Administration LOCAL PUBLIC WORKS PROGRAM

For expenses necessary to carry out title I of the Public Works Employment Act of 1976 (Public Law 94 - 369), // 42 USC 6701 note. // $2,000,000,000: Provided, That not exceed $10,000,000 may be used for necessary adminsitrative expenses, including expenses for program evaluation by the Secretary of Commerce.

CHAPTER II DEPARTMENT OF THE TREASURY Office of the Secretary Office of Revenue Sharing ANTIRECESSION FINANCIAL ASSISTANCE FUND

For payments to State and local governments pursuant to title II of the Public Works Employment Act of 1976, // 42 USC 6721. // $312,500,000 for the period July 1, 1976, through September 30, 1976, and $937,500,000 for the fiscal year 1977, in all, $1,250,000,000, to remain available until September 30, 1978.

SALARIES AND EXPENSES

For an additional amount for necessary expenses in the Office of Revenue Sharing, $1,633,000, to remain available until September 30, 1977.

INDEPENDENT AGENCIES Environmental Protection Agency CONSTRUCTION GRANTS

For necessary expenses for the fiscal year 1977 to carry out title II fo the Federal Water Pollution Control Act, // 33 USC 1281. // other than sections 206, 208, and 209, as authorized by title II of the Public Works Employment Act of 1976, // 33 USC 1287 note. // $480,000,000, to remain available until expended.

ABATEMENT AND CONTROL

For an additional amount for fiscal year 1977 for abatement and control activities, $800,000, to remain available until September 30, 1978.

TITLE II GENERAL PROVISIONS

Sec. 201. Title II of the Public Works Employment Act of 1976 (PUBLIC Law 94 - 369), // 42 USC 6721. // authorizing foregoing appropriations, is amended as follows:

(1) // 42 USC 6722. // Section 202(d)(1) is amended by striking out "and" at the end thereof and inserting in lieu thereof "or".

(2) // 42 USC 6723. // Section 203(c)(3)(C)(ii) is amended by striking out "thirty days" and inserting in lieu thereof "90 days".

(3) Section 203(c)(4)(E)(ii) is amended by striking out "of Alaskan Native village" and inserting in lieu thereof "or Alaskan Native village".

(4) // 42 USC 6724. // Section 204 is amended by striking out "grants" and inserting in lieu thereof "payments".

(5) // 42 USC 6730. // Section 210(c)(1) is amended by striking out "and" at the end thereof and inserting in lieu thereof "or".

Sec. 202. No part of any appropriation contained in this Act shall remain available for obligation beyond September 30, 1977, unless expressly so provided herein.

This Act may be cited as the " Pulbic Works Employment Appropriations Act".

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 1425 (Comm. on Appropriations) and No. 94 - 1537 (Comm. on Conference).

SENATE REPORT No. 94 - 1185 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 25, considered and passed House. Sept. 10, considered and passed Senate, amended. Sept. 17, House agreed to conference report. Sept. 22, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 41: Oct. 2, Presidential statement.

PUBLIC LAW 94-446, 90 STAT. 1490

94th Congress, H.R. 15193 October 1, 1976
An Act Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending September 30, 1977, and for other purposes, nemely:

TITLE I- DISTRICT OF COLUMBIA Federal Payment to the District of Columbia

For payment to the District of Columbia for fiscal year ending September 30, 1977, $259,797,400, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93 - 198 as amended (D.C. Code 47 - 2501d); and $2,707,000 in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government as authorized by the Act of May 18, 1954 (D.C. Code 43 - 1541 and 1611).

Loans to the District of Columbia for Capital Outlay

For laons to the District of Columbia, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93 - 198, $101,292,000, which together with balances of previous appropriations for this prupose, shall remain available until expended and be advanced upon request of the Mayor: Provided, That notwithstanding any other provision of law, the Mayor is authorized to accept loans for the District from the United States Treasury, and the Secretary of the Treasury is authorized to lend the Mayor such sums as the Mayor may determine are required for financing capital projects for which appropriations are authorized in this title.

DIVISION OF EXPENSES

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided:

General Operating Expenses

General operating expenses, $84,453,300, of which $799,300 shall be payable from the revenue sharing trust fund: Provided, That not to exceed $2,500 for the Mayor and $2,500 for the Chairman of the Council of the District of Columbia shall be available from this appropriation for expenditures for official purposes: Provided further, That, for the purpose of assessing and reassessing real property in the District of Columbia, $5,000 of this appropriation shall be available able for services as authorized by 5 U.S.C. 3109, but at rates for individuals not in excess of $100 per diem: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That $4,480,700 of this appropriation (to remain available until expended) shall be available solely for District of Columbia employees' disability compensation: Provided further, That not to exceed $325,000 of the appropriation shall be available for settlement of property damage claims not in excess of $1,500 each and personal injury claims not in excess of $5,000 each: Provided further, That not to exceed $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Emergency Preparedness for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Major.

Public Safety

Public safety, including purchase of two hundred and sixty-five passenger motor vehicles for replacement only (including two hundred and sixty for police-type use and five for fire-type use without regard to the general purchase price limitation for the current fiscal year); $247,160,400, of which $5,530,400, shall be payable from the revenue sharing trust fund: Provided, That the Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the Fire Department not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths the cost of the replacement: Provided further, That funds appropriated for expenses under the Criminal Justice Act of 1974 (Public Law 93 - 412) for fiscal year 1977 shall be available for obligations incurred under that Act in fiscal year 1975 and fiscal year 1976: Provided further, That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime.

Education

Education, including the development of national defense education programs, $245,287,700 of which $5,179,800 shall be payable from the revenue sharing trust fund: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thrity-one motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $1,000 for the Superintendent of Schools, $1,000 for the President of Federal City College, and $1,000 for the President of Washington Technical Institute shall be available from this appropriation for expenditures for offical purpose.

Recreation

Recreation, $17,674,400 of which $208,200 shall be payable from the revenue sharng trust fund.

Human Resources

Human Resources, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Resources, $268,475,600, of which $6,520,000 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit, and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be $25.18 per diem: Provided further, That totla reimbursements to Saint Elizabeths Hospital, including funds from title XIX of the Social Security Act, shall not exceed the amount for the fiscal year 1970: Provided further, That the hospital rates specified herein shall not apply, begining July 1, 1969, to srvices provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title XIX of the Social Security Act: Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia: Provided further, That $13,733,000 of this appropriation shall be available for care and treatment of the mentally retarded at Forest Haven.

Transportation

Transportation, including rental of one passenger-carrying vehicle for use by the Mayor, $54,182,600, of which $6,262,300 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles.

Environmental Services

Enviornmental services, $69,036,000 of which $1,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for collecting ashes of miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia.

Personal Services

For pay increases and related costs for police officers, firefighters and teachers, to be transferred by the Mayor of the District of Columbia to the appropriations for the fiscal year 1977 from which said employees are properly payable, $16,245,000.

Settlement of Claims and Suits

For payment of property damage claims in excess of $500 and of personal injury claims in excess of $1,000, approved by the Mayor in accordance with the provisions of the Act of February 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), $166,600.

Repayment of Loans and Interest

For reimbursement to the United States of funds loaned in compliance with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat. 103, 109, and 110), as amended; section 9 of the Act of September 7, 1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958 (72 Stat. 183), as amended; section 4 of the Act of June 12, 1960 (74 Stat. 211)8 as amended; and section 723 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93 - 198), as amended, including interest as required thereby, $80,839,100: Provided, That there are hereby appropriated from the funds of the District of Columbia such sums as may be necessary to repay funds borrowed under the provisions of section 471 and 472 of Public Law 93 - 198: Provided fruther, That the District is authorized to repay outstanding loans from the United States Treasury with funds received from the sale of general obligation bonds authorized for such purpose.

Capital Outlay

For reimbursement to United States of funds loaned in compliance with the Act of August 7, 1946 (60 Stat. 896), as amended, construction projects as authorized by the Acts of April 22, 1901 (33 Stat. 244), May 18, 1954 (68 Stat. 1058 110), June 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 321); including acquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, including building improvement and alteration and treatment grounds; to remain available until expended, $36,586,700: Provided, That $1,854,600 shall be available for construction services by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor, and the funds for the use of the Director of the Department of General Services shall be advanced to the appropriation account " Construction Services, Department of General Services": Provided further, That the amount appropriated to the Construction Services Fund, Department of General Services, be limited, during the current fiscal year, to ten per centum of appropriations for all construction projects, except for Project Numbered 24 - 99, Permanent Improvements, for which construction services shall be limited to twenty per centum of the appropriation: Provided further, Notwithstanding the foregoing, all authorizations for capital outlay projects except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (Public Law 90 - 495, approved August 23, 1968), for which funds are provided by this paragraph, shall expire on September 30, 1978, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project authorization the funds provided herein for such project shall lapse: Provided further, That $1,292,000 is hereby appropriated for the completion of the Sursum Corda Neighborhood Center; $900,000 shall be for the completion of the Sursum Corda neighborhood Center to be repaid to the city out of funds raised by Sursum Corda, Inc., through fundraising activities: And provided further, That all sums so collected be applied to the cost of construction with a corresponding reduction in, or refund of, appropriated District of Columbia funds; and $392,000 shall be for equipment for the center.

GENERAL Provisions-DISTRICT OF COLUMBIA

Sec. 102. Except as otherwise provided in this title, all vouchers covering expenditures of appropriations contained in this title shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official.

Sec. 103. Whenever in this title an amount is specified within an appropriation for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor.

Sec. 104. Appropriations in this title shall be available, when authorized or approved by the Mayor, for allowances for privately owned conveyances used for the performance of official duties at 13 cents per mile but not to exceed $45 a month for each automobile and at 8 cents per mile but not to exceed $30 a month for each motorcycle, unless otherwise therein specifically provided, except that one hundred and thirteen (eighteen for venereal disease investigators in the Department of Human Resources) such automobile allowances at not more than $715 each per annum may be authorized or approved by the Mayor.

Sec. 105. Appropriations in this title shall not be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor.

Sec. 106. Appropriations in this title shall not be used in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Sommission.

Sec. 107. Appropriations in this title shall not be available for the payment of rates for electric current for street lighting in excess of 2 cents per kilowatt-hour for current consumed.

Sec. 108. There are hereby appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia: Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title XII of the District of Columbia Income and Franchise Tax Act of 1947, as amended.

Sec. 109. Appropriations in this title shall be available for the payment of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1962 and for the non-Federal share of funds necessary to qualify for Federal assistance under the Act of July 31, 1968 (Public Law 90 - 445).

Sec 110. No part of any appropriation contained in this title shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 111. No part of any funds appropriated by this title shall be used to pay the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the District of Columbia government (other than the Mayor of the District of Columbia, Chief of Police and Fire Chief), or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of any such officer or employee (other than the Mayor of the District of Columbia, Chief of Police and Fire Chief). No part of any funds appropriated by this title, in excess of $1,000 per month in the aggregate ($12,000 per annum) shall be used to pay the compensation (whether by contract or otherwise) of individuals for performing services as a chauffeur or driver for the Mayor of the District of Columbia, or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of the Mayor of the District of Columbia.

Sec. 112. Not to exceed 41/2 per centum of the total of all funds appropriated by this title for personal compensation may be used to pay the cost of overtime or temporary positions.

Sec. 113. The total expenditure of funds appropriated by this title for authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $210,000.

Sec. 114. Appropriations in this title shall not be available, during the fiscal year ending September 30, 1977, for the compensation of any person appointed--,

(1) as full-time employee to a permanent, authorized position in the government of the District of Columbia during any month when the number of such employees is greater than 35,145, exclusive of positions initially authorized or funded by this title; and exclusive of the 20 positions approved in the transition period for Forest Haven Department of Human Resources; 28 positions approved in fiscal year 1976 for Tax Administration, Department of Finance and Revenue; and 303 positons approved in fiscal year 1976 for the District of Columbia Genreal Hospital, Department of Human Resources; or

(2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year.

Sec. 115. No funds appropriated in this title, for the government of the District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community group during non-school hours.

Sec. 116. Appropriations in this title shall be available for services as authorized by 5 U.S.C. 3109, at rates to be fixed by the Mayor.

Sec. 117. No part of any funds appropriated to the District of Columbia government for fiscal year 1977 shall be available for, or may be used to pay the compensation (whether by contract or otherwise) of any person for performing services normally performed by a public affairs officer, public relations officer, or community services officer, unless approved by a resolution adopted by the Council of the District of Columbia.

This Act may be cited as the " District of Columbia Appropriation Act, 1977".

TITLE II- DEPARTMENT OF TRANSPORTATION

Funds provided for the Coast Guard's Pollution Fund in Public Law 94 - 387, shall become available immediately upon enactment of this legislation into law.

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 1415 (Comm. on Appropriations) and 94 - 1500 (Comm. of Conference).

SENATE REPORT No. 94 - 1167 (Comm. on Appropriations).

CONGRSSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Aug. 30, considered and passed Senate, amended. Sept. 17, House agreed to conference report, receded and concurred in certain Senate amendments with amendments. Sept. 21, Senate agreed to conference report; concurred in House amendments.

PUBLIC LAW 94-445, 90 STAT. 1489

94th Congress, H.R. 15068 October 1, 1976
An Act To provide for emergency allotment lease and transfer of tobacco allotments or quotas for 1976 in certain disaster areas in South Carolina and Georgia.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 316 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314b) is amended by adding at the end thereof the following new subsection (i):

"(i) Notwithstanding any provision of this section, when as a result of drought, flood, damage due to excessive rain, hail, wind, tornado, or other natural disaster, the Secretary determines (1) that one of the counties in South Carolina or Georgia has suffered a loss of 10 per centum or more in the number of acres of tabacco planted (or expected production from the planted acreage), and (2) that a lease of such tobacco allotment or quota will not impair the effective operation of the tobacco marketing quota or price support program, he may permit the owner and operator of any farm within a designated county which has suffered a loss of 10 per centum or more in the number of acres of tobacco planted (or expected production from the planted acreage) of such crop to lease all or any part of such allotment or quota to any other owners or operators in the sam county, or other counties within the same State, for use in such counties for the year 1976 on a farm or farms having a current tobacco allotment or quota of the same kind. In the case of a lease and transfer to an owner or operator in another county pursuant to this subsection, the lease and transfer shall not be effective until a copy of the lease in filed with and determined by the county committee of the county to which the transfer is made to be in compliance with the provisions of the subsection.".

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1430 (Comm. on Agriculture).

SENATE REPORT No. 94 - 1228 (comm. on Agriculture and Forestry).

CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Sept. 22, considered and passed Senate, amended. Sept 23, House concurred in Senate amendment.

PUBLIC LAW 94-444, 90 STAT. 1476

94th Congress, H.R. 12987 October 1, 1976
An Act To authorize appropriations for carrying out title VI of the Comprehensive Employment and training Act of 1973, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act // 29 USC 961. // may be cited as the " Emergency Jobs Programs Extension Act of 1976".

Sec. 2. Title VI of the Comprehensive Employment and Training Act of 1973 // 29 USC 961. // is amended by striking out section 601 and inserting in lieu thereof the following:

" AUTHORIZATION OF APPROPRIATIONS

" Sec. 601. There are authorized to be appropriated such sums as may be necessary for fiscal year 1976, and for the period beginning July 1, 1976, and ending September 30, 1976, and for fiscal year 1977, for carrying out the provisions of this title.".

sec. 3. (a)(1) Section 203 (be of the Comprehensive Employment and Training Act of 1973 // 29 USC 843. // is amended to read as follows:

"(b) Notwithstanding the provisions of section 208 (a)(7) of this Act, not less than 85 per centum of the funds allocated in accordance with the provisions of this title which are used by an eligible applicant for public service employment programs under this title shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this title, and the remainder of such funds may be used for administrative costs, including rental costs (within such reasonable limitations as the Secretary may prescribe with respect to the rental of space), and to obtain necessary supplies, equipment, and materials.".

(2) Section 602(b) of the Comprehensive Employment and Training Act of 1973 // 29 SUC 962. // is amended to read as follows:

"(b) Notwithstanding the provisions of section 208(a)(7) of this Act, not less than 85 per centum of the funds allocated in accordance with the provisions of this title which are used by an eligible applicant for public service employment programs under this title shall be expended only for wages and employment benefits to persons employed in public service jobs pursuant to this title, and the remainder of such funds may be used for administrative costs, including rental costs (within such reasonable limitations as the Secretary may prescribe with respect to the rental of space), and to obtain necessary supplies, equipment, and materials.".

(b) Section 704 of the Comprehensive Employment and Training Act of 1973 is amended by inserting at the end thereof the following new subsection:

"(d) Financial records of a prime sponsor relating to public service employment programs assisted under this Act // 29 USC 984. // and records of the names, addresses, positions, and salaries of all persons employed in public service jobs assisted under this Act shall be maintained and made available to the public.".

Sec. 4. (a)(1) // 29 USC 842 note. // With respect ot appropriations made by the Emergency Supplemental Appropriations Act of 1976 (Public Law 94 - 266, enacted April 15, 1976) for the purpose of carrying out activities authorized by title II of the Comprehensive Employment and Training Act of 1973--, // 29 USC 841. //

(A) notwithstanding any other provision of law, funds made available under section 202(b) of the Comprehensive Employment and Training Act of 1973

// 29 USC 842. //

may be used in any areas qualifying under title VI of such Act

// 29 USC 861. //

to provide a continuation of public service employment activities under both II and title VI of such Act; and

(B) in order to enable persons employed in public service jobs financially assisted under title VI of such Act to be transferred to jobs financially assisted under title II of such Act, the Secretary of Labor is authorized to waive the provision of section 205(a) of such Act

// 29 USC 845. //

requiring a thirty-day period of unemployment.

(2) The provisions of paragraph (1) of this subsection shall be deemed to have taken effect on the date of enactment of the Emergency Supplemental Appropriations Act of 1976. Persons transferred after such date from jobs financially assisted under title VI of the Comprehensive Employment and Training Act of 1973 to jobs financially assisted under title II of such Act, using funds made available under the Emergency Supplemental Appropriations Act of 1976, shall after the date of enactment of this Act be considered to be public service jobholders financially assisted under such title VI.

(b) Subsection (b) of section 603 of the Comprehensive Employment and Training Act of 1973 // 29 USC 963. // is amended by adding at the end of such subsection the following new sentences: " In distributing funds available for the discretionary use of the Secretary of Labor under this subsection, the Secretary is authorized to utilize such funds to assure a continuation of public service employment activities supported under this Act. In distributing such funds under this subsection to prime sponsors, the Secretary shall base allocations upon the public service employment activities sustained within the jurisdicton of each unit of general local government within the area served by each such prime sponsor in accordance with subsection (c) of this section.".

Sec. 5. (a) TITLE VI of the Comprehensive Employment and Training Act of 1973 is further amended by adding at the end thereof the following new sections:

" RESERVATION OF FUNDS; EMPLOYMENT OF LONG- TERM

UNEMPLOYED, LOW- INCOME PERSONS

" Sec. 607. // 29 USC 967. // (a) Each prime sponsor, in accordance with regulations which the Secretary shall prescribe, shall reserve out of any allocation which it receives under this title from appropriations for fiscal year 1977 such amount as will be sufficient, when added to funds available for use under title II of th is Act // 29 USC 841. // during such fiscal year, to enable to prime sponsor to sustain throughout such fiscal year the number of public service jobholders supported under this title and title II of this Act on June 30, 1976.

"(b) The amount of each prime sponsor's allocation under this title remaining after funds are reserved for the purpose described in subsection (a) of this section shall be used to provide public service jobs for eligible unemployed persons (as described in section 608) in projects and activities carried out by project applicants (as defined in section 701(a)(15) of this Act). Suchprojects and jobs shall not exceed twelve months in duration and shall provide employment consistent with the aim of maintaining average federally supported wage rates for public service jobholders (adjusted on a regional and area basis) as set forth under section 209(b) of this Act. // 29 USC 849. //

"(c) Vacancies occurring after June 30, 1976, in jobs supported under this title and the Emergency Supplemental Appropriations Act of 1976 (Public Law 94 - 266) to which subsection (a) of this section is applicable shall be filled as follows:

"(1) Fifty per centum of such vacancies shall be filled in accordance with the provisions of section 608.

"(2) Fifty per centum of such vacancies shall be filled in accordance with the provisions of this title (other than the provisions of this section, except for this paragraph, and of sections 608 and 609) except that a prime sponsor may give preference in filling such vacancies to unemployed public health and safety personnel in public health and safety positions for which they are qualified.

" ELIGIBILITY OF LONG- TERM UNEMPLOYED, LOW- INCOME PERSONS

" Sec. 608. // 29 USC 968. // (a) In filling public service jobs with financial assistance available for the purposes of subsections (b) and (c)(1) of section 607, each prime sponsor shall determine that any persons to be employed in any such public service job (1) is an individual--,

"(A) who has been receiving unemployment compensation for fifteen or more weeks;

"(B) who is not eligible for such benefits and has been unemployed for fifteen or more weeks;

"(C) who has exhausted umemployment compensation benefits; or

"(D) who is, or whose family is, receiving aid to families with dependent children provided under a State plan approved under part A of title IV of the Social Security Act;

// 42 SUC 601. // and (2) is not a member of a household which has current gross family income, adjusted to an annualized basis (exclusive of unemployment compensation and other public payments which such individual will be disqualified from receiving by reason of employment under this title) at a rate exceeding 70 per centum of the lower living standard income level.

"(b) For purposes of this section, the term 'lower living standard income level' means that income level (adjusted for regional and metropolitan and urban and rural differences and family size) determined annually by the Secretary based upon the most recent 'lower living standard budget' issued by the Bureau of Labor Statistics of the Department of Labor.

"(c) In filling public service jobs, each prime sponsor shall take reasonable steps, which such sponsor shall determine, to insure that funds provided in accordance with subsections (b) and (c)(1) of section 607 shall be equitably allocated for jobs among the categories of eligible persons described in section 608(a) in light of the composition of the population of unemployed eligible persons served by the prime sponsor.

"(d) In providing public service jobs and determining hours of work for eligible persons with financial assistance provided in accordance with subsections (b) and (c)(1) of section 607, each prime sponsor shall take into account the household support obligations of the men and women applying for such jobs, and shall give special consideration to such alternative working arrangements as flexible hours of work, shared time, and part-time jobs, for eligible persons, particularly for parents of young children and for older persons.

"(e) The Secretary, through the affiliated State employment security agencies, shall take steps to inform the recipients of unemployment compensation benefits of any available public service jobs for which such recipients may be eligible, but such notification shall clearly state that such notification is designed only to inform, and in no way to coerce, such recipients with respect to the availability of such jobs.

" APPROVAL OF PROJECTS

" Sec. 609. // 29 USC 969. // (a) In order for a project application submitted by a project applicant to be approved by the prime sponsor for financial assistance provided in accordance with subsection (b) of section 607, copies of such application shall have been submitted at the time of such application to the prime sponsor's planning council established under section 104, // 29 USC 814. // for the purpose of affording such council an opportunity to submit comments and recommendations with respect to that application to the prime sponsor. No member of a prime sponsor's planning council shall cast a vote on any matter in connection with a project in which that member (or any organization with which that member is associated) has a direct interest.

"(b) Consistent with procedures established by the prime sponsor in accordance with regulations which the Secretary shall prescribe, the prime sponsor shall not disapprove a project application submitted by a project applicant unless it has first considered any comments and recommendations made by the prime sponsor's planning council and unless it has provided such applicant and the planning council with a written statement of its reasons for such disapproval.".

(b)(1) Section 701(a) of the Comprehensive Employment and Training Act of 1973 // 29 USC 981. // is amended by adding at the end thereof the following new paragraph:

"(15) 'project applicants' includes States and agencies thereof, units of general local government and agencies thereof or combinations or associations of such governmental units when the primary purpose of such combinations or associations is to assist such governmental units to provide public services, special purpose political subdivisions having the power to levy taxes and spend funds or serving such special purpose within an area served by one or more units of general local government, local educational agencies as defined in section 801(f) of the Elementary and Secondary Education Act of 1965,

// 20 USC 881. //

institutions of higher education as defined in section 1201(a) of the Higher Education Act of 1965,

// 20 USC 1141. //

community-based organizations as defined in paragraph (1) of this subsection, community development corporations, nonprofit groups anbd organizations serving Indians or Native Hawaiians, and other nonprofit private organizations or institutions engaged in public service.".

(2) The last sentence of section 606 of the Comprehensive Employment and Training Act of 1973 // 29 USC 966. // is amended to read as follows: " In reallocating any such funds, the Secretary shall give priority first to other areas within the same State and then to areas within other States, taking into account the number of eligible unemployed individuals (as described in section 608) in such areas.".

(3) Section 605 of the Comprehensive Employment and Training Act of 1973 // 29 USC 965. // is amended by inserting after "projects and activities" a comma and the following: "including projects and activities to be carried out by project applicants as defened in section 701(a)(15) of this Act,".

(c) Section 702 of the Comprehensive Employment and Training Act of 1973 // 29 USC 982. // is amended by adding at the end thereof the following new subsection:

"(c) The Secretary shall not, by regulation or otherwise, impose any quota or limitation on the number or percentage of persons hired under title II or VI, or both, of this Act // 29 USC 841, 861. // who were former employees of public employers under this Act and who held jobs supported under title II or VI of this Act on June 30, 1976, or who are hired to fill vacanicies under the provisions of section 6077c)(2). Any person who, between June 30, 1976, and the date of enactment of this Act, was laid off from a job supported under title II or VI of this Act by reason of such a quota or limitation may be reinstated by the prime sponsor without regard to the provisions of section 607(c). Nothing in this subsection shall be construed to relieve any prime sponsor from complying with section 205(c)(8) of this Act.".

(d) Section 605 of the Comprehensive Employment and Training Act of 1973 // 29 USC 965. // is amended by inserting "(a)" after such section designation and by adding at the end thereof the following new subsection:

"(b) No funds for public service employment programs under this Act may be used to provide public services, through a private or nonprofit organization or institution, which are customarily provided by a State, a political subdivision, or a local educational agency in the area served by the project.".

Sec. 6. (a) Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 is amended by adding at the end thereof the following new part:

" Part B-Reimbursement for Unemployment Benefits Paid on Basis of Public Service Employment " PAYMENTS TO STATES

" Sec. 220. // 26 USC 3304 note. // (a) Each State shall be paid by the United States with respect to each individual--,

"(1) who receives compensation with respect to any benefit year, and

"(2) whose base period wages for such benefit year include public service wages,

an amount which bears the same ratio to the total amount of compensation paid to such individual with respect to such benefit year for weeks of unemployment which begin on or after January 1, 1976, as the amount of the public service wages included in the individual's base period wages bears to the total amount of the individual's base period wages.

"(b) Each State shall be paid, either in advance or by way of reimbursement, as may be determined by the Secretary, the sum that the Secretary estimates is payable to such State under this part for each calendar month. The sum shall be reduced or increased by the amount which the Secretary finds that his estimate for an earlier calendar month was greater or less than the sum which should have been paid to the State. Estimates shall be made on the basis of reports made by the State to the Secretary as prescribed by the Secretary.

"(c) The Secretary shall, from time to time, certify to the Secretary of the Treasury the sum payable to each State under this part. The Secretary of the Treasury, prior to audit and settlement by the General Accounting Office, shall pay the State in accordance with the certification from funds for carrying out the purposes of this part.

"(d) Money paid to a State under this part may be used solely for the purpose of paying compensation. Money so paid which is not used for such purpose shall be returned, at the time specified by the Secretary, to the Treasury of the United States and credited to current applicable appropriations, funds, or accounts from which payments to States under this part may be made.

"(e) In the case of any political subdivision of a State which has in effect an enemployment compensation program which provides for the payment of compensation on the basis of services performed in its employ, such political subdivision shall be entitled to payments under this part in the same manner and to the same extent as if such political subdivision were a State.

" STATE AW PROVISIONS

" Sec. 221. // 26 USC 3304 note. // (a) The unemployment compensation law of any State may provide that any organization which elects to make payments (in lieu of contributions) into the State unemployment compensation fund--,

"(1) shall not be liable to make such payments after the date of the enactment of this section with respect to any compensation to the extent that such State is entitled to payments with respect to such compensation under this pary; and

"(2) shall receive credit against payments required to be made after such date of enactment for any such payments made on or before such date of enactment to the extent that such payments were made with respect to compensation for which the State is entitled to receive payments under this part.

"(b) The unemployment compensation law of any State may, without being deemed to violate the standards set forth in section 3303(a) of the Internal Revenue Code of 1954, // 26 USC 3303. // provide for appropriate adjustments, as may be detremined by the Secretary, in the account of any employer who has paid public service wages to reflect the payments to which such State is entitled under this part with respect to compensation attributable to such wages.

" AUTHORIZATION OF APPROPRIATIONS

"sec. 222. // 26 USC 3304 note. // There are hereby authorized to be appropriated for purposes of this part such sums as may be necessary.

" DEFINITIONS

" Sec. 223. // 26 USC 3304 note. // As used in this part, the term--,

"(1) ' State' means the States of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands;

"(2) 'compensation' means cash benefits payable to indivisuals with respect th their unemployment, except that such term shall not include special unemployment assistance payable under part A;

"(3) 'public service job' means any public service job funded with assistance provided under the Comprehensive Employment and Training Act of 1973;

// 29 USC 801 note. //

"(4) 'public service wages' means remuneration for services performed in a public service job to the extent that such remuneration is paid with funds provided under the Comprehensive Employment and Training Act of 1973;

"(5) 'benefit year' means the benefit year as defined by the applicable State unemployment compensation law;

"(6) 'base period' means the base period as defined by the applicable State unemployment compensation law for the benefit year; and

"(7) ' Secretary' means the Secretary of Labor."

(b) Title II of such Act // 26 USC 3304 note. // is further amended--,

(1) by inserting after the heading of such title the following:

" Part A-Special Unemployment Assistance";

(2) by striking out "this title" each place it appears and inserting in lieu thereof "this part"; and

(3) by striking out "the title" in section 210

// 29 USC 850. //

and inserting in lieu thereof "this title".

(c) // 29 USC 3304 note. // The amendments made by this section shall take effect on October 1, 1976, with respect to compensation paid for weeks of unemployment beginning after December 31, 1975.

Sec. 7. Section 205(c)(24) of the Comprehensive Employment and Training Act of 1973 // 29 USC 845. // is amended by striking out "job category" in both places where that term occurs in such clause and inserting in lieu thereof "promotional line".

Sec. 8. (a) Section 602(e) // 29 USC 962. // of the Comprehensive Employment and Training Act of 1973 is amended by striking out " Indian tribes on Federal or State reservations" and inserting in lieu thereof " Indian tribes, bands, and groups qualified under section 302(c)(1) of this Act". // 29 USC 872. //

(b) Section 603(a) // 29 USC 963. // of the Comprehensive Employment and Training Act of 1973 is amended by redesignating paragraphs (1) and (2) thereof as paragraphs (2) and (3), respectively, and by inserting immediately after "(a)" the follwing: "(1) The Secretary shall reserve an amount equal to not less than 2 per centum of the amounts appropriated under section 601 // 29 USC 861. // for any fiscal year to enable Indian tribes, bands, and groups which are designated as eligible applicants under this title to carry out public service employment programs.".

(c) Section 603(a)(2) of such Act, as redesignated by subsection (b) of this section, is amended by insering after "per centum" the following: "of the remainder".

Sec. 9. (a) Section 704 of the Comprehensive Employment and Training Act of 1973 (as amended by section 3(b) of this Act) is further amended by adding at the end thereof the following new subsection:

"(e) Notwithstanding any other provision of law, funds allocated by a prime sponsor or an Indian tribe, band, or group for the employment of individuals under this Act may be expended in conjuction with funds from any other public or private source, but funds allocated under this Act may only be expended in accordance with the requirements of this Act.".

(b) The heading of such section 704 // 29 USC 984. // is amended to read as follows:

" SPECIAL PROVISIONS".

Sec. 10. Section 311 of the Comprehensive Employment and Training Act of 1973 // 29 USC 881. // is amended by adding at the end thereof the following new subsection:

"(e) The Secretary is authorized to undertake projects (either directly or by grant or contract) for the purpose of demonstrating the feasibility of providing relocation assistance to unemployed workers residing in areas of substantial unemployment who would otherwise be eligible for public service employment under this Act. Such assistance shall be in such form and amount as the Secretary deems appropriate for demonstration purposes, except that he shall use as a general guideline the form and amount of relocation assistance available under chapter 2 of title II of the Trade Act of 1974". // 19 USC 2271. //

Sec. 11. Section 704 of the Comprehensive Employment and Training Act of 1973 (as amended by sections 3(b) and 9 of this Act) is further amended by adding at the end thereof the following new subsection:

"(f) Notwithstanding any other provisions of law, employment and training services furnished under this Act in connection with weatherization projects authorized under section 222(a)(12) of the Economic Opportunity Act of 1964 // 42 USC 2809. // may include work on such projects for the near poor, including families having incomes which do not exceed 125 per centum of the poverty line as established by section 625 of the Economic Opportunity Act of 1964.".

Sec. 12. (a) Section 104(b) of the Emergency Jobs and Unemployment Assistance Act of 1974 // 38 USC 2002 note. // is amended by--,

(1) striking out "by this Act" after "amended"; and

(2) inserting at the end of such subsection the following new sentence: " They shall also report to such committees on the same subjects not later than ninety days after the date of enactment of the Emergency Jobs Programs Extension Act of 1976.".

(b) Title I of the Comprehensive Employment and Training Act of 1973 is amended by--,

(1) inserting at the end of section 105(a)(3)

// 29 USC 815. //

the following "and (E) provides such arrangements as may be appropriate to promote maximum feasible use of apprenticeship or other on-job training opportunities available under section 1787 of title 38, United States Code;"; and

(2) striking out in sectin 106(b)(5) "provide special emphasis" and inserting in lieu thereof "take affirmative action".

Sec. 13. // 29 USC 952 note. // (a)(1) The Congress finds and declares that--,

(A) the reliable and comprehensive measurement of employment and unemployment is vital to assessing the Nation's economic well-being and the utilization of its work force, and is an important determinant of public policies toward job creation, education, training, assistance ofr the jobless, and other labor market programs;

(B) the allocation fo billions of dollars of Federal funds on the basis of unemployment data is increasing, making even more crucial the timely, accurate, and uniform measurement of the labor force;

(C) the formulation of public policies to promote the most effective use of our human resources is hindered by inadequate information on the utilization and effect of education and training programs;

(D) in order for governmental and private sector policy decisions to have maximum effect upon reducing employment and strengthening the labor force, and accurate and precise system for measuring employment and unemployment and its impacts on particular segments of the potential works force is essential;

(E) the current method of data collection and the form of its presentation, at national, regional, and subregional levels, may not fully reflect unemployment and employment trends, and may produce incomplete and, therefore, misleading conclusions, thus impairing the validity and utility of this critical economic indicator;

(F) it is critical to retain public confidence in the procedures, concepts and methodology of collecting, analyzing, and presenting employment and unemployment statistics; and

(G) objectivity is a necessity in considering reform of statistical processes.

(2) It is the purpose of this section to establish a National Commission on Employment and Unemployment Statistics to have responsibility for examining the procedures, concepts, and methodology involved in employment and unemployment statistics and suggesting ways and means of improving them.

(b)(1) There shall be established a National Commission on Employment and Unemployment Statistics (hereinafter in this section referred to as the " Commission") which shall consist of nine members appointed by the President, by and with the advice and consent of the Senate. Seven of the members shall be selected on the basis of their knowledge of and experience in the procedures, methodology, or use of employment and unemployment statistics, and shall be broadly representative of labor, business and finance, education and training, economics and statistics, and State and local government. Two of the members shall be selected from the general public. The membership of the Commission shall be generally representative of significant segments of the labor force, including women and minority groups. Any vacancy in the Commission shall not affect its powers as long as there continues to be at least five members; and any such vacancy may be filled in the same manner as the original appointment is made.

(2) Except when six members of the Commission shall vote to hold an executive session for a particular purpose, the Secretary of Labor, the Secretary of Commerce, the Commissioner of Labor statistics, the Director of the Bureau of the Census, the Director of the Office of Management and Budget, the Chairman of the National Commission for Manpower Policy, the Chairman of the Council of Economic Advisers, and a majority and a minority member each of the Joint Economic Committee, of the Committee on Labor and Public Welfare of the Senate, and of the Committee on Education and Labor of the House of Representatives, or in each case a designee, shall assist and participate in the hearings, deliberations,and other activities of the Commission on an advisory basis.

(3) The President shall designate a Chairman from among the appointed members of the Commission.

(4) The Chairman, with the concurrence of the Commission, shall appoint an executive director, who shall be the chief executive officer of the Commission and shall perform such duties as are prescribed by the chairman or the Commission. The executive director may appoint, with the concurrence of the Chairman, such professional, technical, and clerical staff as are necessary to carry out the provisions of this section. The executive director and staff shall be appointed without regard to the provisions of title 5, United States Code, // 5 USC 101, 5331. // governing appointments to the competitive service, governing appointments to the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 // 5 USC 5101, 5331. // of such title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate of GS-18 of the General Schedule under section 5332 of such title. // 5 USC 5332 note. // The executive director, with the concurence of the Chairman, may obtain temporary and intermitten services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code. The Commission may utilize such staff, with or without reimbursement, from the Department of Labor, the Department of Commerce, and such other appropriate Federal agencies as may be available to assist the Commission in carrying out its responsibilities.

(5) The Commission shall determine its own internal procedures, including the constituting of a quorum.

(6) The Commission is authorized to accept and utilize voluntary and uncompensated services notwithstanding the provisions of section 665(b) of title 31, United States Code.

(7) Members of the Commission who are not officers or employees of the Federal Government shall be paid compensation at a rate of not to exceed the per diem equivalent of the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code, // 5 USC 5332 note. // when engaged in the work of the Commission, including traveltime; and while serving away from their homes or regular places of business, shall be allowed travel expenses including per diem in lieu of subsistence, in the same manner as such expenses are authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently.

(c) The Commission shall--,

(1) identify the needs of the Nation for labor force statistics and assess the extent to which current procedures, concepts and methodology in the collection, analysis, and presentation of such statistics constitute a comprehensive, reliable, timely, and consistent system of measuring employment and unemployment and indicating trends therein; and

(2) conduct or provide (thorugh contract with institutions, organinzations, and individuals, or appropriate Federal of State agencies, or otherwise) for such studies, hearings, research, or other activities as it deems necessary to enable it to formulate appropriate recommendations.

The Commission or, on the authorization of the Commission, any subcommittee or members thereof, may, for the purposes of carrying out the provisions of this section, hold such hearings, take such testimony, and sit and act at such times and places as the Commission deems advisable. Any member authorized by the Commission may administer oaths or affirmations to witnesses appearing before the Commission or any subcommittee or members thereof.

(d)(1) The Commission shall make a report of its findings and recommendations to the President and the Congress within eighteen months after the date of appointment of the first five members of the Commission.

(2) In preparing its report, the Commission shall consider the following:

(A) The methodology of collection of employment and unemployment data at all levels, including National, regional, State, and local application.

(B) The methodology of analysis of such data, including its relevance and application.

(C) The methodology of presentation of employment and unemployment statistics, including the dissemination, current utilization, and application of such statistics.

(D) Alternative methods of such collection, analysis, and presentation.

(E) The need of additional special statistical surveys (including longitudinal studies) and reports on a continuing basis.

(F) The need for additional data and analysis on job vacancies, job turnover, job matching, discouraged workers, part-time workers, youth, minorities, women, and other labor force participants.

(G) Accuracy and uniformity of seasonal adjustments in all categories of labor force statistics.

(H) Methods of achieving current, accurate, and uniform employment and unemployment statistics on a State and local basis, including their use as a determinant of the allocation of Federal assistance.

(I) The need for, and methods to obtain, data relating employment status and earnings, economic hardship, and family support obligations.

(J) The extent to which employment and earnings date assist in determining the impact of public programs and policies upon persons who are economically disadvantaged, unemployed or underemployed.

(K) The availability of and need for periodic information on education and training enrollments and completions in the public and private sectors.

(L) Statistical indicators of the relationship between education and training and subsequent employment, earnings, and unemployment experience.

(M) The value and usefulness of other statistics regarding employment and enemployment, such as those obtained through operation of the unemployment insurance system.

(N) The availability of and need for current and projected occupational information, particularly on a local basis, to assist youths and adults in making training, education, and career choices.

(O) Such other matters as the Commission deems appropriate or necessary, including such matters as are suggested by the President of by the Congress that th e Commission deems appropriate.

(3) The Commission's report shall contain its findings and recommendations, including a feasible schedule for their implementation, cost estimates, and any appropriate draft regulations and legislation to implement such recommendations.

(4) The Commission may make such interim reports or recommendations as it may deem desirable.

(e) Upon submission of the Commission's final report, the Secretary of Labor shall take steps to ascertain the views of each affected executive agency and, within six months after the report's submission, shall make an interim report to the Congress on--,

(1) the desirability, feasibility, and cost of implementing each of the Commission's recommendations, and the actions taken or planned with respect to their implementation; and

(2) recommendations with respect ot any legislation proposed by the Commission, the need for any alternative or additional legislation to implement the Commission's recommendations, and any other proposals to strengthen and improve the measurement of employment and unemployment.

Within two years after submission of the Commission's final report, the Secretary shall submit a final report to the Congress detailing the actions taken with respect to the recommendations of the Commission, together with any further recommendations deemed appropriate.

(f)(1) Each department, agency, and instrumentality of the Federal Government is authorized and directed to cooperate fully with the Commission in furnishing appropriate information to assist the Commission in carrying out its functions under this section.

(2) The head of each department, agency, or instrumentality of the Federal Government is authorized to provide such support and services to the Commission, upon request of the Chairman, as may be agreed between the head of the department, agency, or instrumentality and the Chairman.

(g) The Commission shall cease to exist one hundred and eighty days after submission of its final report as required under subsection (d)( 1) of this section.

(h)(1) There are authorized to be appropriated such sums as may be necessary to carry out the provision s of this section.

(2) Notwithstanding any other provision of law, any funds appropriated to carry out this section which are not obligated prior to the end of the fiscal year for which such funds were appropriated shall remain available for obligation during the succeeding fiscal year.

Sec. 14. (a) Section 202 of the Comprehensive Employment and Training Act of 1973 // 29 USC 842. // is amended by adding at the end thereof the following new subsection:

"(c) Whenever the Secretary allocates any funds available under subsection (b) of this section through a distribution based upon a formula, he shall, not later than 30 days prior to such allocation, publish in the Federal Register for comment the specific formula upon which such distribution is based, the rationale supporting the selection of the formula, and the proposed distribution to each prime sponsor. After consideration of comments received under the preceding sentence, the Secretary shall publish final allocations.".

(b) Section 603 // 29 USC 963. // of such Act is amended by adding at the end thereof the following new subsection:

"(d) Whenever the Secretary allocates any funds available under subsection (b) of this section through a distribution based upon a formula, he shall, not later than 30 days prior to such allocation, publish in the Federal Register the specific formula upon whcih such distribution is based, the rationale behind the selection of the formula, and the proposed distribution for each prime sponsor. After consideration of comments received under the preceding sentence, the Secretary shall publish final allocations.".

Sec. 15. (a) The National Commission for Manpower Policy, established under title V of the Comprehensive Employment and Training Act of 1973, // 29 USC 953 note. // shall conduct a study of the net employment effects of the public service employment programs suthorized by title II and title VI of the Comprehensive Employment and Training Act of 1973. // 29 USC 951. //

(b) // 29 USC 841, 861. // The National Commission for Manpower Policy shall prepare and submit to the Congress not later than March 31, 1978, a report on the study required by this section, together with such recommendations, including recommendations for legislation, as such Commission deems advisable.

(c) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 1019 (Comm. on Education and Labor) and No. 94 - 1514 (Comm. of Conference).

SENATE REPORT No. 94 - 883 (Comm. on Labor and Public Welfare).

CONGRESSIONVL RECORD, Vol. 122 (1976): Apr. 30, considered and passed House. Aug. 9, 10, considered and passed Senate, amended. Sept. 17, House agreed to conference report. Sept. 22, Senate agreed to conference report.

PUBLIC LAW 94-443, 90 STAT. 1475

94th Congress, H.R. 11149 October 1, 1976
An Act To amend section 2 of the Act entitled " An Act to incorporate the National Society of the Daughters of the American Revolution".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, // 36 USC 18a. // That section 2 of the Act entitled " An Act to incorporate the National Society of the Daughters of the American Revolution" approved February 20, 1896, as amended, is amended to read as follows:

" Sec. 2. The society is authorized to acquire by purchase, gift, devise, or bequest and to hold, convey, or otherwise dispose of such property, real or personal, as may be convenient or necessary for its lawful purposes, and may adopt a constitution and make bylaws not inconsistent with law, and may adopt a seal. Said society shall have its headquarters or principal office at Washington, in the District of Columbia.".

Sec. 2. Add a new section to said Act to be numbered section 4 and to read as follows:

" Sec. 4. // 36 USC 18a. // The society and its subordinate divisions shall have the sole and exclusive right to use the name ' National Society of the Daughters of the American Revolution'. The society shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been adopted or used by the National Society of the Daughters of the American Revolution.".

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1286 (Comm. on the Judiciary).

SENATE REPORT No. 94 - 1249 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 122 (1976): July 19, considered and passed House. Sept. 21, considered and passed Senate.

PUBLIC LAW 94-442, 90 STAT. 1474

94th Congress, H.R. 589 October 1, 1976
An Act To authorize the Secretary of the Interior to provide relief to the Santa Ynez River Water Conservation District due to dilivery of water to the Santa Ynez Indian Reservation lands.

Be it enacted by the Senate and House of Representatives of the United States of American in Congress assembled, That the Secretary of the Interior is authorized to amend the repayment contract dated March 16, 1960, with the Santa Ynez River Water Conservation District, to reduce by $1,120, annually, the amount due the United States. The reduction in to commence with the payment due on January 1 of the year following passage of this Act and continue as long as all of the lands of the Santa Ynez Indian Reservation, as presently constituted, remain in Federal ownership.

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 475 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94 - 1244 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD:

Vol. 121 (1975): Oct. 6, considered and passed House.

Vol. 122 (1976): Sept. 22, considered and passed Senate.

PUBLIC LAW 94-441, 90 STAT. 1465

94th Congress, H.R. 14260 October 1, 1976
An Act Making appropriations for Foreign Assistance and related programs for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Foreign Assistance and related programs for the fiscal year ending September 30, 1977, and for other purposes, namely:

TITLE I- FOREIGN ASSISTANCE ACT ACTIVITIES Funds Appropriated to the President

For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, as amended, // 22 USC 2151 note. // and for other purposes, to remain available until September 30, 1977, unless otherwise specified herein, as follows:

ECONOMIC ASSISTANCE

Food and nutrition, Development Assistance: For necessary expenses to carry out the provisions of section 103, // 22 USC 2151a. // $505,000,000: Provided, That the amounts provided for loans to carry out the purposes of this paragraph shall remain available until expended.

Population planning and health, Development Assistance: For necessary expenses to carry out the provisions of section 104, // 22 USC 2151b. // $214,000,000: Provided, That the amounts provided for loans to carry out the purposes of this paragraph shall remain available until expended: Provided further, That of the funds made available for population planning and health, not less than $15,000,000 shall be only available for programs providing training to auxiliary or paramedical personnel who will be engaged in the delivery of health and family planning services to rural areas.

Education and human resources development, Development Assistance: For necessary expenses to carry out the provisions of section 105, // 22 USC 2151c. // $70,000,000: Provided, That the amounts provided for loans to carry out the purposes of this paragraph shall remain available until expended.

Technical assistance, energy, research, reconstruction, and selected development problems, Development Assistance: For necessary expenses to carry out the provisions of section 106, // 22 USC 2151d. // $67,000,000: Provided, That the amounts provided for loans to carry out the purposes of this paragraph shall remain available until expended.

Loan allocation, Development Assistance: Of the new obligational authority appropriated under this Act to carry out the provisions of sections 103-106, // 22 USC 2151a - 2151d. // not less than $300,000,000 shall be available for loans for fiscal year 1977: Provided, That of the amount made available for loans, not to exceed $210,000,000 of such amount shall be available for loans repayable within forty years following the date on which the funds were initially made available under the loan: Provided further, That not to exceed $60,000,000 of such amount shall be available for loans repayable within thirty years following such date: Provided further, That not to exceed $30,000,000 of such amount shall be available for loans repayable within twenty years following such date.

International organizations and programs: For necessary expenses to carry out the provisions of section 301, // 22 USC 2221. // $187,000,000: Provided, That not more than $20,000,000 shall be available for the United Nations Children's Fund: Provided further, That not less than $1,000,000 shall be available until expended for a contribution to the International Atomic Energy Agency to strengthen the Agency's safeguards program: Provided further, That not less than $100,000,000 shall be available only for the United Nations Development Program: Provided further, That none of the funds appropriated or made available pursuant ot this Act shall be used to supplement the funds provided ot the United Nations Development Program in fiscal year 1976.

United Nations Environment Fund: For necessary expenses to carry out the provisions of section 2 of the United Nations Environment Program Participation Act of 1973, // 22 USC 287 note. // $10,000,000.

American schools and hospitals abroad: For necessary expenses to carry out the provisions of section 214, // 22 USC 2174. // $19,800,000.

American schools and hospitals aborad (special foreign currency program): For necessary expenses to carry out the provisions of section 214, $7,000,000 in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, to remain available until expended.

Indus Basin Development Fund, grants: For necessary expenses to carry out the provisions of section 302 // 22 USC 2222. // (b)(2) with respect to Indus Basin Development Fund, grants, $15,750,000.

Contingency fund: For necessary expenses, $5,000,000, to be used for the purposes set forth in section 451. // 22 USC 2261. //

International disaster assistance: For necessary expenses to carry out the provisions of section 491, // 22 USC 2292. // $25,000,000.

International narcotics control: For necessary expenses to carry out the provisions of section 481, // 22 USC 2291. // $34,000,000.

Payment to the Foreign Service Retiremnet and Disability Fund: For payment to the " Foreign Service Retirement and Disability Fund," as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 1105 - 1106), $16,680,000.

Overseas training (special foreign currency program): For necessary expenses to carry out the provisions of section 612, // 22 USC 2362. // $400,000 in foreign currencies which the Treasury Department declares to be excess to the normal requirements of the United States.

Lebanon Relief and Rehabilitation assistance: For necessary expenses to carry out the provisions of section 495 C, $20,000,000.

Except for the Contingency Fund, unobligated balances as of September 30, 1976, of funds heretofore made available under the authority of the Foreign Assistance Act of 1961, as amended, // 22 USC 2151 note. // except as otherwise provided by law, are hereby continued available for the fiscal year 1977, for the same purposes for which appropriated and amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955, // 31 USC 200. // as having been obligated against appropriations heretofore made under the authority of the Foreign Assistance Act of 1961, as amended, for the same purpose as any of the subparagraphs under " Economic Assistance," " Middle East Special Requirements Fund," " Security Supporting Assistance," " Operating Expenses of the Agency for International Development," " International Military Education and Training," and " Indochina Postwar Reconstruction Assistance," are hereby continued available for the same period as the respective appropriations in such subparagraphs for the same purpose: Provided, That such purpose relates to a project or program previously justified to Congress, and the Committees on Appropriations of the House of Representatives and the Senate are notified prior to be reobligation of funds for such projects or programs.

None of the funds made available under this Act for " Food and nutrition, Development Assistance," " Population planning and health, Development Assistance," " Education and human resources development, Development Assistance," " Technical assistance, energy research, reconstruction, and selected development problems, Development Assistance," " International organizations and programs," " Untied Nations Environment Fund8" " American schools and hospitals abroad," " Indus Basin Development Fund, grants," " International narcotics control," " Middle East special requirements fund," " Sucurity supporting assistance," " Operating Expenses of the Agency for International Development," " Military assistance," " International military education and training," " Inter-American Foundation," " Peace Corps," " Cuban refugee assistance," " Special assistance to refugees from Cambodia, Vietnam, and Laos in the United States," " Migration and refugee assistance," of " Assistance to refugees from the Soviet Union or other Communist countries in Eastern Europe," shall be available for obligation for activities, programs projects type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Appropriations Committees for obligation under any of these specific headings for fiscal year 1977 unless the Appropriations Committees of both Houses of the Congress are previously notified fifteen days in advance.

MIDDLE EAST SPECIAL REQUIREMENTS FUND

Middle East special requirements fund: For necessary expenses to carry out the provisions of section 901 and section 903 of the Foreign Assistance Act of 1961, as amended, // 22 USC 2441, 2443. // $23,000,000: Provided, That none of the funds appropriated under this heading may be used to provide a United States contribution to the United Nations Relief and Works Agency.

SECURITY SUPPORTING ASSISTANCE

Security supporting assistance: For necessary expenses to carry out the provisions of section 531 of the Foreign assistance Act of 1961, as amended, // 22 USC 2346. // $1,734,700,000: Provided, That of th funds appropriated under this paragraph, $735,000,000 shall be allocated to Israel, $700,000,000 shall be allocated to Egypt, $70,000,000 shall be allocated to Jordan, $17,500,000 shall be allocated for Cyprus, $55,000,000 shall be allocated for Portugal, $80,000,000 shall be allocated to Syria, $14,000,000 shall be allocated for Botswana and for regional training programs, not to exceed $20,000,000 shall be allocated to Zaire, and not to exceed $20,000,000 shall be allocated to Zambia: Provided, further, That $7,000,000 of this appropriation shall be available only upon ratification of the Treaty of Friendship and Cooperation Between Spain and the United States of America.

OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL 5 DEVELOPMENT

For "operating Expenses of the Agency for International Development", $192,000,000.

MILITARY ASSISTANCE

Military assistance: For necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961, as amended, // 22 USC 2311. // including administrative expenses and purchase of passenger motor vehicles for replacement only for use outside of the United States, $247,300,000: Provided, That none of the funds contained in this paragraph shall be available for the purchase of new automotive vehicles outside of the United States: Provided further, That $15,000,000 of this appropriation shall be available only upon ratification of the Treaty of Friendship and Cooperation Between Spain and the Untied States of America.

INTERNATIONAL MILITARY EDUCATION AND TRAINING

International military education and training: For necessary expenses for " International military education and training," $25,000,000: * provided, That $2,000,000 of this appropriation shall be available only upon ratification of the Treaty of Friendship and Cooperation Between Spain and the United States of America.

OVERSEAS PRIVATE INVESTMENT CORPORATION

The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $10,000 for entertainment allowances), and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program set forth in the budget for the current fiscal year.

INTER- AMERICAN FOUNDATION

The Inter-American Foundation is authorized to make such expenditures within the limits of funds available to it and in accordance with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Goverment Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out its authorized programs during the current fiscal year: Provided, That not to exceed $7,000,000 shall be available to carry out the authorized programs during the current fiscal year.

GENERAL PROVISIONS

Sec. 101. None of the funds herein appropriated (other than funds appropriated for " International organizationa and programs") shall be used to finance the construction of any new flood control, reclamation, or other water or related land resource project or program which has not met the standards and criteria used in determining the feasibility of flood control, reclamation, and other water and related land resource programs and projects proposed for construction within the United States of America as per memorandum of the President dated May 15, 1962.

Sec. 102. Except for the appropriations entitled " Contingency fund", " International disaster assistance", and appropriations of funds to be used for loans, not more than 20 per centum of any appropriation item made available by this title for fiscal year 1977 shall be obligated and/or reserved during the last month of availability.

Sec. 103. None of the funds herein appropriated nor any of the counterpart funds generated as a result of assistance hereunder or any prior Act shall be used to pay pensions, annuities, retirement pay, or adjusted service compensation for any persons heretofore or hereafter serving in the armed forces of any recipient country.

Sec. 104. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, // 22 USC 2151 note. // may be used for making payments on any contract for procurement to which the United States is a party entered into after the date of anactment of this Act which does not contain a provision authorizing the termination of such contract for the convenience of the United States.

Sec. 105. Of the funds appropriated or made available pursuant to this Act, not more than $12,000,000 may be used during the current fiscal year in carrying out centrally funded research under sections 105 and 106 of the Foreign Assistance Act of 19618 as amended. // 22 USC 2151c, 2151d. //

Sec. 106. None of the funds appropriated or made available pursuant to this Act for carrying out the Foreign Assistance Act of 1961, as amended, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations.

Sec. 107. None of the funds contained in title I of this Act may be used to carry out the provisions of sections 209(d) and 251(h) of the Foreign Assistance Act of 1961, as amended. // 22 USC 2169, 2211. //

Sec. 108. None of the funds appropriated or made available pursuant to this Act shall be used to provide assistance to the Democratic Republic of Vietnam (North Vietnam), South Vietnam, Combodia, or Laos.

Sec. 109. Of the funds appropriated or made available pursuant to this Act, not to exceed $108,000 shall be for official residence expenses of the Agency for International Development during the fiscal year ending September 30, 1977.

sec. 110. Of the funds appropriated or made available pursuant to this Act, not to exceed $20,000 shall be for entertainment expenses of the Agnecy for International Development during the fiscal year ending September 30, 1977.

sec. 111. Of the funds appropriated or made available pursuant to this Act, not to exceed $96,000 shall be for representation allowances of the Agency for International Development during the fiscal year ending September 30, 1977.

Sec. 112. Of the funds appropriated or made available prusuant to this Act, not to exceed $75,000 shall be for entertainment expenses relating to the Military Assistance Program, International Military Education and Training, and Foreign Military Credit Sales during the fiscal year ending September 30, 1977.

TITLE II- FOREIGN MILITARY CREDIT SALES Foreign Military Credit Sales

For expenses not otherwise provided for, necessary to enable the President to carry out the provisions of the Foreign Military Sales Act, // 22 USC 2751 note. // $740,000,000: Provided, That of the amount provided for the total aggregate credit sale ceiling during the current fiscal year, not less than $1,000,000,000 shall be allocated to Israel.

TITLE III- FOREIGN ASSISTANCE (OTHER) Independent Agency Action-International Programs PEACE CORPS

For expenses necessary for Action to carry out the provisions of the Peace Corps Act, as amended (22 U.S.C. 2501 et seq.), $80,000,000: Provided, That of this amount $49,563,000 shall be available for the direct support of volunteers: Provided further, That no less than $3,600,000 of this amount shall be available only for the overseas technical support of volunteers.

Department of Health, Education, and Welfare CUBAN Refugee ASSISTANCE

For expenses necessary to carry out the provisions of the Migration and Refugee Assistance Act of 1962 // 22 USC 2601 note. // (Public Law 87 - 510), relating to aid to Cuban refugees within the United States, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $82,000,000.

SPECIAL ASSISTANCE TO REFUGEES FROM CAMBODIA, VIETNAM, AND LAOS IN THE UNITED STATES

For assistance to refugees from Cambodia, Vietnam, and Laos in the United States, $50,000,000: Provided, That all funds in this account shall remain available through September 30, 1977.

Department of State

MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801 - 1158); allowances as authorized by 5 U.S.C. 5921 - 5925; hire of passenger motor vehicles; and serivces as authorized by 5 U.S.C. 3109; $10,000,000 of which not to exceed $8,171,000 shall remain available until December 31, 1977: Provided, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere.

ASSISTANCE TO REFUGEES FROM THE SOVIET UNION AND OTHER COMMUNIST COUNTRIES IN EASTERN EUROPE

For necessary expenses to carry out the provisions of section 101 (b) of the Foreign Relations Authorization Act of 1972 // 86 Stat. 490. // and the provisions of section 105 of the Foreign Relations Authorization Act, Fiscal Year 1977, $15,000,000.

Funds Appropriated to the President International Financial Institutions INVESTMENT IN ASIAN DEVELOPMENT BANK

For payment by the Secretary of the Treasury of the third and final installment of the United States subscription to the paid-in capital stock and the callable capital stock of the Asian Development Bank, authorized by the Asian Development Bank Act of December 22, 1974 (Public Law 93 - 537), // 22 Usc 285q, 285r. // $90,477,000, to remain available until expended.

INVESTMENT IN INTER- AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the increase in subscription to (1) paid-in capital stock, (2) callable capital stock, and (3) the United States share of the increase in the resources of the Fund for Special Operations, $270,000,000, to remain available until expended.

INVESTMENT IN INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment by the Secretary of the Treasury of the second installment of the United States contribution to the fourth replenishment of the resources of the International Development Association as authorized by the International Development Association Act of August 14, 1974 (Public Law 93 - 373), // 22 USC 2841, 284m. // $375,000,000, to remain available until expended.

INVESTMENT IN AFRICAN DEVELOPMENT FUND

For payment by the Secretary of the Treasury of a United States contribution to the African Development Fund as authorized by the Act of May 31, 1976 (Public Law 94 - 302), $10,000,000, to remain available until expended.

TITLE IV- EXPORT- IMPORT BANK OF THE UNITED STATES

The Export-Import Bank of the United States is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, // 31 USC 849. // as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation, except as hereinafter provided.

Limitation on Program Activity

Not to exceed $6,334,443,000 (of which not to exceed $3,875,000,000 shall be for equipment and serivces loans) shall be authorized during the current fiscal year for other than administrative expenses.

Limitation on administrative Expenses

Not to exceed $12,081,000 (to be computed on an accrual basis) shall be available during the current fiscal year for administrative expenses, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, and not to exceed $24,000 for entertainment allowances for members of the Board of Directors: Provided, That (1) fees or dues to international organizations of credit institutions engaged in financing foreign trade, (2) necessary expenses (including special services performed on a contract or a fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Bank or in which it has an interest, including expenses of collections of pledged collateral, or the investigation or appraisal of any property in respect to which an application for a loan has been made, in (3) expenses (other than internal expenses of the Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes hereof.

TITLE V- GENERAL PROVISIONS

Sec. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress.

sec. 502. No part of any appropriation contained in this Act shall be used for expenses of the Inspector General, Foreign Assistance, after the expiration of the thirty-five day period which begins on the date the General Accounting Office or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering foreign assistance legislation, appropriations, or expenditures, has delivered to the Office of the Inspector General, Foreign Assistance, a written request that it be furnished any document, paper communication, audit, review, finding recommendation, report or other material in the custody of control of the Inspector General, Foreign Assistnace, relating to any review, inspection or audit arranged for, directed, or conducted by him, unless and until there has been furnished to the General Accounting Office or to such committee of subcommittee, as the case may be, (A) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested or (B) a certification by the President, personally, that he has forbidden the furnishing thereof pursuant to such request and his reason for so doing.

Sec. 503. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 504. No part of any appropriation contained in this Act shall be used to furnish assistance to any country which is in default during a period in excess of one calendar year in payment to the United States of principal of interest on any loan made to such country by the United States pursuant to a program for which funds are appropriated under this Act unless (1) such debt has been disputed by such country prior to the enactment of this Act or (2) such country has either arranged to make payment of the amount in arrears or otherwise taken appropriate steps, which may include renegotiation, to cure the existing default.

Sec. 505. None of the funds appropriated or made available pursuant to this Act shall be used to provide military assistance, international military education and training, or foreign military credit sales to the Government of Uruguay.

Sec. 505 A. Not to exceed $1,626,000 of the funds appropriated or made available pursuant to this Act for fiscal year 1977 shall be made available to the Office of the Inspector General of Foreign Assistance.

Sec. 506. None of the funds appropriated or made available pursuant to this Act shall be available to any international financial institution whose United States' representative cannot upon request obtain the amounts and the names of borrowers for all loans of the international financial institution, including loans to employees of the institution or the compensation and related benefits of employees of the institution.

This Act may be cited as the " Foreign Assistance and Related Programs Appropriations Act, 1977".

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 1228 (Comm. on Appropriations) and No. 94 - 1642 (Comm. of Conference).

SENATE REPORT No. 94 - 1009 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 122 (1976): June 24, 25, 29, considered and passed House. June 30, Sept. 9, 10, considered and passed Senate, amended. Sept. 27, House agreed to conference report. Sept. 28, Senate agreed to conference report.

PUBLIC LAW 94-440, 90 STAT. 1439

94th Congress, H.R. 14238 October 1, 1976
An Act Making appropriations for the Legislative Branch for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending September 30, 1977, and for other purposes, namely:

TITLE I SENATE Compensation and Mileage of the Vice President and Senators and Expense Allowances of the Vice President and Leaders of the Senate COMPENSATION AND MILEAGE OF THE VICE PRESIDENT AND SENATORS

2 USC 60a note.

For compensation and mileage of the Vice President and Senators of the United States, $5,052,630.

EXPENSE ALLOWANCES OF THE VICE PRESIDENT AND MAJORITY AND MINORITY LEADERS

For expense allowance of the Vice President, $10,000; Majority Leader of the Senate, $3,000; and Minority Leader of the Senate, $3,000; in all, $16,000.

Salaries, Officers and Employees

For compensation of officers, employees, clerks to Senators, and others as authorized by law, including agency contributions and longevity compensation as authorized, which shall be paid from this appropriation without regard to the below limitations, as follows:

OFFICE OF THE VICE PRESIDENT

For clerical assistance to the Vice President, $615,015.

OFFICES OF THE MAJORITY AND MINORITY LEADERS

For offices of the Majority and Minority Leaders, $251,540.

OFFICES OF THE MAJORITY AND MINORITY WHIPS

For offices of the Majority and Minority Whips, $195,260.

OFFICE OF THE CHAPLAIN

For office of the Chaplain, $31,800.

OFFICE OF THE SECRETARY

For office of the Secretary, $3,323,290, including $151,370 required for the purpose specified and authorized by section 74b of Title 2, United States Code: Provided, That, effective October 1, 1976, the Secretary may appoint and fix the compensation of a Bill Clerk at not to exceed $25,440 per annum in lieu of not to exceed $19,080 per annum; an Assistant Bill Clerk at not to exceed $19,080 per annum in lieu of not to exceed $12,720 per annum; a Secretary at not to exceed $17,172 per annum in lieu of a Receptionist at not to exceed $17,172 per annum; a Registrar at not to exceed $16,218 per annum in lieu of a secretary to the Curator at not to exceed $16,218 per annum; a Clerk at not to exceed $10,812 per annum in lieu of an Assistant Messenger at not to exceed $10,812 per annum; an Historian at not to exceed $29,574 per annum; an Associate Historian at not to exceed $18,126 per annum; a Photo Historian at not to exceed $25,281 per annum; a Research Assistant to Historian at not to exceed $10,335 per annum; a Secretary to Historian at not to exceed $11,130 per annum; an Information Clerk, Digest, at not to exceed $10,017 per annum; and a Secretary, Stationery Room, at not to exceed $13,356 per annum: Provided further, That, effective October 1, 1976, the allowance for clerical assistance and readjustment of salaries in the Disbursing Office is increased by $37,842.

committee employees

For professional and clerical assistance to standing committees and the Select Committee on Small Business, $9,660,685

conference committees

For clerical assistance to the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $227,255 for each committee; in all, $454,510.

administrative and clerical assistants to senators

For administrative and clerical assistants to Senators, $48,190,355.

legislative assistance to senators

For legislative assistance to Senators, $5,500,000.

office of sergeant at arms and doorkeeper

For office of the Sergeant at Arms and Doorkeeper, $15,579,010: Provided, That, effective October 1, 1976, the Sergeant at Arms and Doorkeeper may appoint and fix the compensation of an Administrative Assistant to the Sergeant at Arms and Doorkeeper at not to exceed $36,729 per annum in lieu of not to exceed $35,298 per annum; a Superintendent, Service Department at not to exceed $35,457 per annum in lieu of not to exceed $31,482 per annum; a Director, Computer Center at not to exceed $31,482 per annum in lieu of not to exceed $34,344 per annum; a Director, Recording Studio at not to exceed $35,457 per annum in lieu of not to exceed $34,662 per annum; a Telecommunications Adviser at not to exceed $29,574 per annum in lieu of not to exceed $27,348 per annum; a Chief Cabinetmaker at not to exceed $22,737 per annum in lieu of not to exceed $20,670 per annum; a Chief Janitor at not to exceed $19,557 per annum in lieu of not to exceed $17,808 per annum; an Assistant Superintendent, Service Department at not to exceed $22,578 per annum in lieu of not to exceed $20,988 per annum; a Night Supervisor, Service Department at not to exceed $19,875 per annum in lieu of not to exceed $15,264 per annum; a Supervisor, Printing Section at not to exceed $18,921 per annum in lieu of a Foreman of Duplicating Department at not to exceed $17,808 per annum; a Supervisor, Folding Section at not to exceed $18,921 per annum in lieu of a Chief Machine Operator at not to exceed $15,582 per annum; a Supervisor, Addressograph Section at not to exceed $18,921 per annum in lieu of not to exceed $14,628 per annum; two Audio Engineers at not to exceed $13,356 per annum each in lieu of an Audio Engineer at not to exceed $13,356 per annum; a Micrographics Supervisor at not to exceed $21,147 per annum; an Assistant micrographics Supervisor at not to exceed $16,536 per annum; a Secretary-Receptionist at not to exceed $10,812 per annum; a Senior Folding Machine Operator at not to exceed $12,243 per annum; a Senior Addressograph Operator at not exceed $12,243 per annum; twenty Laborers, Service Department at not exceed $9,222 per annum each in lieu of seventeen Laborers, Service Department at not to exceed $9,222 per annum each; ten Office Systems Specialists at not to exceed $15,582 per annum each in lieu or seven Office Systems Specialists at not to exceed $15,582 per annum each; ten Senior Programmer Analysts at not to exceed,25,122 per annum each in lieu of eight Snior Programmer Analysts at not to exceed $25,122 per annum each; three Network Technicians at not to exceed $20,352 per annum each in lieu of a Network Technician at not to exceed $20,352 per annum; two Secretary-Typists at not to exceed $12,402 per annum each; three Systems Supervisor at not to exceed $29,892 per annum; an Operations Supervisor at not to exceed $20,988 per annum; eight Lead Operators at not to exceed $14,628 per annum each in lieu of six Lead Operators at not to exceed $14,628 per annum each; two Data Conversion Operators at not to exceed $10,017 per annum each in lieu of a Data Conversion Operator at not to exceed $10,017 per annum; a Training Specialist at not to exceed $20,034 per annum; five Printing Operators at not exceed $14,946 per annum each; three Quality Controllers at not to exceed $14,946 per annum each; three Assistant Chief Telephone Operators at not to exceed $13,356 per annum each and an Suditor at not to exceed $13,356 per annum each and an Auditor at not at exceed $13,356 per annum in lieu of four Assistant Chief Telephone Operators at not to exceed $13,356 per annum each; twenty-one Telephone Operators at not to exceed $10,494 per annum each, a Secretary at to not exceed $10,494 per annum, four Clerks at not to exceed $10,494 per annum each, and an Auditor at not to exceed $10,494 per annum in lieu of twenty-seven Telephone Operators at not to exceed $10,494 per annum each; a Chief Barber at not to exceed $12,084 per annum in lieu of a Foreman of Skilled Laborers at not to exceed $12,084 per annum; a Chief Barber at not to exceed $10,971 per annum; two Barbers at not to exceed $11,130 per annum each in lieu of two Skilled Laborers at not to exceed $11,130 per annum each; three Barbers at not to exceed $9,381 per annum each; forty-eight Laborers at not to exceed $9,222 per annum each and a Barber Shop Attendant at not to exceed $9,222 per annum in lieu of forty-nine Laborers at not to exceed $9,222 per annum each; a Barber Shop Attendant at not to exceed $4,134 per annum; seven Detectives, Police Force at not to exceed $14,946 per annum each in lieu of not to exceed $13,992 per annum each; sixteen Technicians, Police Force at not to exceed $13,992 per annum each in lieu of not to exceed $13,038 per annum each; eight Plainclothesmen, Police Force at not to exceed $13,992 per annum each in lieu of not to exceed $13,038 per annum each; and six K-9 Officers, Police Force at not to exceed $13,992 per annum each in lieu of not to exceed $13,038 per annum each: Provided further, That not to exceed $45,000 of this appropriation may be used to employ special deputies.

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For offices of the Secretary for the Majority and the Secretary for the Minority, $311,645.

AGENCY CONTRIBUTIONS AND LONGEVITY COMPENSATION

For agency contributions for employee benefits and longevity compensation, as authorized by law, $5,500,000.

Office of the Legislative Counsel of the Senate

For salaries and expenses of the office of the Legislative Counsel of the Senate, $629,700.

Contingent Expenses of the Senate SENATE POLICY COMMITTEES

For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $422,855 for each such committee; in all, $845,710.

AUTOMOBILES AND MAINTENANCE

For purchase, lease, exchange, maintenance, and operation of vehicles, one for the Vice President, one for the President pro tempore, one for the Majority Leader, one for the Minority Leader, one for the Majority Whip, one for the Minority Whip, for carrying the mails, and for official use of the offices of the Secretary and the Sergeant at Arms and Doorkeeper, $45,000.

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth Congress, as amended, 2 USC 1906. including $600,385 for the Committee on Appropriations, to be available also for the purposes mentioned in Senate Resolution Numbered 193, agreed to October 14, 1943, and Senate Resolution Numbered 140, agreed to May 14, 1975, $21,854,485.

FOLDING DOCUMENTS

For the employment of personnel for folding speeches and pamphlets at a gross rate of not exceeding $4.07 per hour per perso $90,905.

MISCELLANEOUS ITEMS

For miscellaneous items, $19,098,000: Provided, That not to exceed $736,000 shall be available for the lease and alteration of space for the Senate Computer Center if the Committee on Rules and Administration determines that such facility cannot be located in existing space available to the Senate or the House of Representatives.

POSTAGE STAMPS

For postage stamps for the offices of the Secretaries for the Majority and Minority, $420; Chaplain, $200; and for air mail and special delivery stamps for the office of the Secretary, $610; office of the Sergeant at Arms and Doorkeeper, $240; and the President of the Senate, as authorized by law, $1,215; in all, $2,685.

STATIONERY (REVOLVING FUND)

For stationery for the President of the Senate, $4,500, and for committees and officers of the Senate, $27,150; in all, $31,650.

Administrative Provisions

Sec. 101. (a) Effective October 1, 1976, section 105(d)(1) of the Legislative Branch Appropriation Act, 1968, as amended 2 USC 61 - 1. and modified, is amended by striking out "calendar year" each place it appears and inserting in lieu thereof "fiscal year".

(b) Subject to the provisions of section 10 (d)(2) of the Legislative Branch Appropriation Act, 1968, as amended and modified, the amount of accrued surplus available to any Senator under section 105(d)(1) of such Act at the close of September 30, 1976, shall be available to that Senator during the period beginning on October 1, 1976, and ending on December 31, 1976, for the purposes of fixing the number and rates of compensation of employees in his office.

Sec. 102. Section 108(c) of the Legislative Branch Appropriation Act, 1976, // 2 USC 72a - 1c. // is amended by inserting "(1)" after "(c)" and by adding at the end thereof the following new paragraph:

"(2) If (A) a Senator's service on a committee terminates (other than by reason of his ceasing to be a Member of the Senate) or a Senator's status on a committee as the chairman or ranking minority member of such committee or a subcommittee thereof changes, and (B) the appointment of an employee appointed under this section and designated to such committee by such Senator would (but for this paragraph) thereby terminate, such employee shall, subject to the provisions of subsection (e), be continued as an employee appointed by such Senator under this section until whichever of the following first occurs: (1) the close of the tenth day following the day on which such Senator's service on such committee terminates or his status on such committee changes or (2) the effective date on which such Senator notifies the Secretary of the Senate, in writing, that such employee is no longer the continued as an employee appointed under this section. An employee whose appointment is continued under this paragraph shall perform such duties as the Senator who appointed him may assign.".

Sec. 103. Section 5533(c)(1) of title 5, United States Code, is amended by inserting before the period at the end thereof "($10,540, in the case of pay disbursed by the Secretary of the Senate)".

Sec. 104. // 2 USC 60c - 2a. // (a) The Secretary of the Senate is authorized to reimburse any bank which clears items for the United States Senate for the costs incurred therein. Such reimbursements shall be made from the contingent fund of the Senate.

(b) The Secretary of the Senate is authorized to prescribe such regulations as he deems necessary to govern the cashing of personal checks by the Disbursing Office of the Senate.

(c) Whenever an employee whose compensation is disbursed by the Secretary of the Senate becomes indebted to the Senate and such employee fails to pay such indebtedness, the Secretary of the Senate is authorized to withhold the amount of the indebtedness from any amount which is disbursed by him and which is due to, or on behalf of, such employee. Whenever an amount is withheld under this section, the appropriate account shall be credited in an amount equal to the amount so withheld.

Sec. 105. (a) Effective October 1, 1976, except as provided in subsections (b) and (c), the maximum annual compensation of a mail carrier in the Senate post office shall not exceed $8,109.

(b) In the case of a mail carrier in the Senate post office who was serving as such a mail carrier on September 30, 1976, the maximum annual rate of compensation shall not exceed $11,130, so long as his service as such a mail carrier remain continuous.

(c) In the case of a mail carrier in the Senate post office (other than a mail carrier whose compensation is fixed under subsection (b)) whose regularly scheduled daily tour of duty begins on or before 6 a. m., the annual rate of compensation may be increased, in the descretion of the Sergeant at Arms and Doorkeeper, by not to exceed 10 percent. If such annual rate of compensation, as so increased, is not a multiple of the figure set forth in the applicable Order of the President pro tempore of the Senate issured under authority of section 4 of the Federal Pay Comparability Act of 1970, // 2 USC 60a notes. // such rate shall be adjusted to the next higher multiple of such figure. Sec. 106. // 2 USC 121a. // (a) There is hereby established in the Treasury of the United States a revolving fund within the contingent fund of the Senate to be known as the Senate Employees Barber Shop Revolving Fund (hereafter in this section referred to as the "revolving fund").

(b) All moneys received by the Senate employees barber shop from fees for services or form any other source shall be deposited to the credit of the revolving fund. Moneys in the revolving fund shall be available without fiscal year limitation for disbursement by the Secretary of the Senate for additional compensation of personnel of the Senate employees barber shop, as determined by the Sergeant at Arms and Doorkeeper of the Senate, and for necessary supplies of the Senate employees barber shop.

(c) On or before December 31 of each year, the Secretary of the Senate shall withdraw from the revolving fund and deposit in the Treasury of the United States as miscellaneous receipts an amount equal to the amount in the revolving fund at the colse of the preceding fiscal year, reduced by the amount of outlays from the revolving fund after the close of such year attributable to abligations incurred during such year.

(d) Disbursements from the revolving fund shall be made upon vouchers signed by the Sergeant at Arms and Doorkeeper of the Senate.

(e) The Sergeant at Arms and Doorkeeper of the Senate is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section.

(f) This section shall take effect on October 1, 1976.

Sec. 107. No provision of this Act // 2 USC 60a - 1a. // or of any Act hereafter enacted which specifies a rate of compensation (including a maximum rate) for any position or employee whose compensation is disbursed by the Secretary of the Senate shall, unless otherwise specifically provided therein, be construed to affect the applicability of section 4 of the Federal Pay Comparability Act of 1970 to such rate.

Sec. 108. The second paragraph under the heading " Administrative Provisions" in the Legislative Branch Appropriation Act, 1959 (72 Stat. 442; 2 U.S.C. 65b), is amemded by striking out "$2,000" and inserting in lieu there of "$4,000 during any fiscal year".

Sec. 109. Section 502(b) of the Mutual Security Act of 1954 (5 (22 U.S.C. 1754(b)) is amended--,

(1) by inserting after " Joint Committee on Congressional Operations" the following: "and the Select Committee on Intelligence of the Senate"; and

(2) by adding at the end thereof the following new sentence: " In the case of the Select Committee on Intelligence of the Senate, such consolidated report may, in the discretion of the chairman of such select committee, omit such information as would identify the foreign countries in which members and employees of such select committee traveled.".

Sec. 110. (a)(1) Notwithstanding any other provision of law but subject to the provisions of paragraph (2), the Committee on Government Operations in authorized, during the fiscal year ending September 30, 1977, to employ one additional professional staff menber at a per annum rate not to exceed the rate provided for the four professional staff members referred to in section 105(e)(3)(A) of the Legislative Branch Appropriations Act, 1968, as maended // 2 USC 61 - 1. // and modified.

(2) The provisions of paragraph (1) shall cease to be effective when and if the individual who was a reemployed annuitant and was employed by such Committee at the per annum rate referred to in such paragraph on August 25, 1976, ceases to be so employed at such rate.

(b)(1) Notwithstanding any other provision of law but subject to the provisions of paragraph (2), the Committee on Commerce is authorized, during the fiscal year ending September 30, 1977, to pay one additional professional staff member at a per annum rate not to exceed the rate provided for the two professional staff members referred to in section 105(e)(A) of the Legislative Branch Appropriations Act, 1968, as amended and modified.

(2) The provisions of paragraph (1) shall cease to be effective when and if any of the indivisuals who were paid by such Committee at the per annum rate referred to in such paragraph on August 25, 1976, cease to be paid at such rate.

sec. 111. Amounts required to be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund under section 8344 of title 5, United States Code, with respect to any officer or employee of the Senate, including an employee in the office of a Senator, shall be paid from the contingent fund of the Senate during the fiscal year ending September 30, 1977.

TITLE II HOUSE OF REPRESENTATIVES Payments to Widows and Heirs of Deceased Members of

Congress

For payment to Phyllis Macdonald, widow of Torbert H. Macdonald, late a Representative from the State of Massachusetts, $44,600. For payment to Charles and Mildred Litton, father and mother of Jerry L. Litton, late a Representative from the State of Missouri, $44,600.

Compensation and Mileage for the Members COMPENSATION OF Members

For compensation of Members, as authorized by law (wherever used herein the term " Member" shall include Members of the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegate from the District of Columbia, the Delegate from Guam, and the Delegate from the Virgin Islands), $21,543,800: Provided, That none of the funds contained in this Act shall be used to increase salaries of Members of the House of Representatives prusuant to section 204a of Public Law 94 - 82 // 2 USC 31. // // 2 USC 356a. // in excess of the salary rate in effect on September 30, 1976, for such position or officer. No part of the funds appropriated in this Act or any other Act shall be used to pay the salary of an individual in a position or office referred to in section 225(f) of the Federal Salary Act of 1967, as amended (2 U.S.C. 356), including a Delegate to the House of Representatives, at a rate which exceeds the salary rate in effect on September 30, 1976, for such position or office except increases submitted by the President pursuant to section 225 of the Federal Salary Act of 1967.

MILEAGE OF MEMBERS

For mileage of Members, as authorized by law, $210,000.

House Leadership Offices

For salaries ans expenses, as authorized by law, $1,568,500, including: Office of the Speaker, $460,500 including $10,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $292,700, including $5,000 for official expenses of the Majority Leader; Minority Floor Leader, $292,700, including $5,000 for official expenses of the Minority Leader; Majority Whip, $261,300, including not to exceed $46,432 for the Chief Deputy Majority Whip; Minority Whip, $261,300, including not to exceed $46,432 for the Chief Deputy Minority Whip.

Salaries, Officers and Employees

For compensation and expenses of officers and employees as authorized by law, $20,420,100, including: Office of the Clerk, $4,672,000; Office of the Sergeant at Arms, $8,456,000; Office of the Dookeeper, ,537,400; Office of the Postmaster, $1,073,000; including $18,657 for employment of substitute messengers and extra services of regular employees when required at the salary rate of not to exceed $10,039 per annum each; Office of the Chaplain, $19,800; Office of the Parliamentarian, including the Parliamentarian and $2,000 for preparing the Digest of the Rules, $228,000; for compiling the precedents of the House of Representatives, $255,000; Official Reporters of Debates, $488,000; Official Reporters ot Committes, $560,800; two printing clerks, one for the majority appointed by the majority leader and one for the minority appointed by the minority leader, $30,000 to be equally divided; a technical assistant in the Office of the Attending Physician, to be appointed by the Attending Physician subject ot the approval of the Speaker, $27,000; the House Democratic Steering Committee, $357,200; the House Democratic Caucus, $69,300; the House Republican Conference, $246,500; and six minority employees, $220,100.

Such amounts as deemed necessary for the payment of salaries of officers and employees within this appropriation may be transferred among offices upon the approval of the Committee on Appropriations of the House of Representatives.

Committee Employees

For professional and clerical employees of standing committees, including the Committee on Appropriations and the Committee on the Budget, $21,805,000.

Committee on Appropriations (Studies and

Investigations)

For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act, 1946, // 2 USC 72a. // and to be available for reimbursement to agencies for services performed, $2,608,000.

Committee of the Budget (Studies)

For salaries, expenses, and studies by the Committee on the Budget, and temporary personal services for such committee to be expended in accordance with sections 101(c), 606, 703, and 901(e), of the Congressional Budget Act of 1974, // 88 Stat. 300; 31 USC 11b, 1303; 88 Stat. 330. // and to be available for reimbursement to agencies for services performed, $329,000.

Office of the Law Revision Counsel

For salaries and expenses of the Office of the Legislative Counsel of the House, $1,293,000.

Members' Clerk Hire

For staff employed by each Member in the discharge of his official and representative duties, $96,566,000.

Contingent Expenses of the House ALLOWANCES AND EXPENSES

For allowances and expenses as authorized by House resolution or law, $48,137,450, including: Computer and related services for Members, $3,500,000; constituent communication expenses, $2,195,000; equipment (purchase, lease, and maintenance), $5,150,000; district office expenses, $865,0000; postage stamps for official special delivery and overseas mail for the first session of the Ninety-fifth Congress to be procured and furnished by the Clerk of the House of Representatives (1) to each Representative, the Resident Commissioner of Puerto Rico, and the Delegates from the District of Columbia, Guam, and the Virgin Islands, upon request by such person, in an amount not exceeding $290, (2) to the Speaker, the majority and minority leaders, and majority and minority whips of the House of Representatives, upon request by such person, in an amount not exceeding $260, (3) to each standing committee of the House of Representatives, upon request of the chairman thereof, in an amount not exceeding $170, and (4) to each of the following officers of the House of Representatives, upon request such person, in an amount not exceeding $370 for the Clerk of the House, $270 ofr the Sergeant at Arms, $230 for the Doorkeeper, $180 for the Postmaster, and $50 for the Chaplain, in all, $133,450; rental of district office space, $6,220,000; transportation for Members, $2,350,000; transportation for staff, $900,000; telegraph and telephone, $9,383,000; supplies and materials, $1,512,000; furniture and furnishings, $1,500,000; reporting hearings for stenographic reports of hearings of committees, including special and select committees, $1,525,000; salaries authorized by House resolutions, $1,680,000; Government contributions to employees' life insurance fund, retirement fund, and health benefits fund, $10,141,300; miscillaneous items including, but not limited to, purchase, exchange, hire, driving, maintenance, repair, and operation of House motor vehicles, and not to exceed $5,000 for the purposes authorized by section 1 of House Resolution 348, approved June 29, 1961, $1,082,700.

Such amounts as deemed necessary for the payment of allowances and expenses within this appropriation may be transferred among accounts upon approval of the Committee on Appropriations of the House of Representatives.

STATIONERY (REVOLVING FUND)

For a stationery allowance for each Member for the first session of the Ninety-fifth Congress, as authorized by law, $2,853,500, to remain available until expended.

SPECIAL AND SELECT COMMITTEES

For salaries and expenses of special and select committees authorized by the House, $23,993,000.

Administrative Provision

Sec. 101. the provisions of House Resolution 698, Ninety-fourth Congress, authorizing the payment of overtime compensation to employees of the Publication Distribution Service of the House of Representatives; House Resolution 732, Ninety-fourth Congress, // 2 USC 60e - 1a, 60e - 1b. // authorizing the voluntary withholding of State income taxes Members of the House of Representatives and employees whose compensation is disbursed by the Clerk of the House of Representatives; House Resolution 1368, Ninety-fourth Congress, establishing a Commission on Administrative Review in the House of Representatives; and House Resolution 1372, Ninety-fourth Congress, // 2 USC 57a. // limiting the authority of the Committee on House Administration to fix and adjust allowances, shall be the permanent low with respect thereto.

TITLE III JOINT ITEMS

For joint committees, as follows:

Contingent Expenses of the Senate JOINT ECONOMIC COMMITTEE

For salaries and expenses of the Joint Economic Committee $1,423,475.

JOINT COMMITTEE ON ATOMIC ENERGY

For salaries and expenses of the Joint Committee on Atomic Energy, $663,600.

JOINT COMMITTEE ON PRINTING

For salaries and expenses of the Joint Committee on Printing, $478,325.

AMERICAN INDIAN POLICY REVIEW COMMISSION

For salaries and expenses of the American Indian Policy Review Commission necessary to carry out the provisions of Public Law 93 - 580, // 25 USC 174 note. // $263,000: Provided, That, not to exceed $100,000 of the funds appropriated under this heading for fiscal year 1976 and for the period ending September 30, 1976, shall remain available until June 30, 1977.

Contingent Expenses of the House JOINT COMMITTEE ON INTERNAL REVENUE TAXATION

For salaries and expenses of the Joint Committee on Internal Revenue Taxation, $1,636,000.

JOINT COMMITTEE ON DEFENSE PRODUCTION

For salaries and expenses of the Joint Committee on Defense Production, $168,000.

JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS

For salaries and expenses of the Joint Committee on Congressional Operations, including the Office of Placement and Office Management, $661,500.

For other joint items, as follows:

Office of the Attending Physician

For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including (1) an allowance of $1,000 per month to the Attending Physician; (2) an allowance of $600 per month to one senior medical officer while on duty in the Attending Physician's office; (3) an allowance of $200 per month each to two medical officers while on duty in the Attending Physician's office; (4) an allowance of $200 per month each to not exceed eight assistants on the basis heretofore provided for such assistance; and (5) $262,073 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, such amount shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $387,800.

Capitol Police GENERAL EXPENSES

For purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including advance payment for travel for training or other purposes, and expenses associated with the relocation of instructor personnel to and from the Federal Law Enforcement Training Center as approved by the Chairman of the Capitol Police Board, and including $40 per month for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House as may be designated by the Chairman of the Board, $702,000.

CAPITOL POLICE BOARD

To enable the Capitol Police Board to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant, $1,618,860. Such sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of Columbia, // D. C. Code 9 - 126a. // and the Mayor of the District of Columbia is authorized and directed to make such details upon the request of the Board. Personnel so detailed shall, during the period of such detail, serve under the direction and instructions of the Board and are authorized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such other duties as may be assigned by the Board. Reimbursement for salaries and other expenses of such detail personnel shall be made to the Government of the District of Columbia, and any sums so reimbursed shall be credited to the appropriation or appropriations from which such salaries and expenses are payable and shall be available for all the purposes thereof: Provided, That any person detailed under the authority of this paragraph or under similar authority in the Legislative Branch Appropriation Act, 1942, // 55 Stat. 456. // and the Second Deficiency Appropriation Act, 1940, // 54 Stat. 629. // from the Metropolitan Police of the District of Columbia shall be deemed a member of such Metropolitan Police during the period or periods of any such detail for all purposes of rank, pay, allowances, privileges, and benefits to the same extent as though such detail had not been made, and at the termination thereof any such person shall have a status with respect to rank, pay, allownaces, privileges, and benefits which is not less than the status of such person in such police at the end of such detail: Provided further, That the Mayor of the District of Columbia is directed (1) to pay the assistant chief detailed under the authority of this paragraph and serving as Chief of the Capitol Police, the salary of assistant chief plus $i,000 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (2) to pay the two deputy chiefs detailed under the authority of this paragraph and serving as assistants to the Chief of the Capitol Police the salary of deputy chief and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (3) to pay the inspector detailed under the authority of this paragraph the salary of inspector and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (4) to pay the captain detailed under the authority of this paragraph the salary of captain and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (5) to pay the captain detailed under the authority of this paragraph the salary of captain plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (6) to pay the lieutenant detailed under the authority of this paragraph the salary of lieutenant and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (7) to elevate and pay the sergeant detailed under the authority of this paragraph the rank and salary of lieutenant and such increases in basic compensation as amy be subsequently provided by law so long as this position is held by the present incumbent, (8) to pay the three detective sergeants detailed under the authority of this paragraph the salary of detective sergeant and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (9) to elevate and pay the detective, grade 2, detailed under the authority of this paragraph the rank and salary of detective sergeant ans such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, and (10) to pay the three sergeants of the uniform force detailed under the authority of this paragraph the salary of sergeant ans such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents: Provided further, That $109,230 of this amount is provided to cover the costs of a 6 percent salary increase, approved retroactive to October 1, 1975, for the purpose of reimbursing the District of Columbia government for the costs of that salary increase from October 1, 1975, through September 30, 1976.

No part of any appropriation contained in this Act shall be paid as compensation to any person appointed after June 30, 1935, as as officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police Board: Provided, That the Capitol Police Board is hereby authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds.

Education of Pages

For education of congressional pages and pages of the Supreme Court, pursuant to part 9 of title IV of the Legislative Reorganization Act, 1970, // 2 USC 88b - 1 and note; 40 USC 184a. // and section 243 of the Legislative Reorganization Act, 1946, // 2 USC 88a. // $180,200, which amount shall be advanced and credited to the applicable appropriation of the District of Columbia, and the Board of Education of the District of Columbia // D.C. Code 31 - 121. // is hereby authorized to employ such personnel for the education of pages as may be required and to pay compensation for such services in accordance with such rates of compensation as the Board of Education may prescribe.

Official Mail Costs

For expenses necessary for official costs pursuant to title 39, U.S. C., section 3216, $46,904,000, to be available immediately on enactment of this Act.

The foregoing amounts under "other joint items" shall be disbursed by the Clerk of the House.

Capitol Guide Service

For salaries and expenses of the Capitol Guide Service, $389,100, to be disbursed by the Secretary of the Senate: Provided, That none of these funds shall be used to employ more than twenty-eight individuals.

Statements of Appropriations

For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the second session of the Ninety-fourth Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriation bills as required by law, $13,000, to be paid to the persons designated by the chariman of such committees to supervise the work.

TITLE IV OFFICE OF TECHNOLOGY ASSESSMENT Salaries and Expenses

For salaries and expenses necessary to carry out the provisions of the Technology Assessment Act of 1972 // 2 USC 471 note. // (Public Law 92 - 484), $6,624,000.

TITLE V CONGRESSIONAL BUDGET OFFICE Salaries and Expenses

For salaries and expenses necessary to carry out the provisions of the Congressional Budget Act of 1974 // 31 USC 1301 note. // (Public Law 93 - 344), $9,319,200: Provided, That none of these funds shall be available for the purchase or hire of a passenger motor vehicle: Provided further, That none of the funds in this Act shall be available for salaries or expenses of any employee of the Congressional Budget Office in excess of 208 staff employees: Provided further, // 2 USC 604. // That the Congressional Budget Office shall have the authority to contract without regard to section 5 of title 41 of the United States Code (section 3709 of the Revised Statutes, as amended).

TITLE VI ARCHITECT OF THE CAPITOL Office of the Architect of the Capitol SALARIES

For the Architect of the Capitol; the Assistant Architect of the Capitol; the Executive Assistant; and other personal services; at rates of pay provided by law, $1,770,100.

Appropriations under the control of the Architect of the Capitol // 40 USC 166a. // shall be available for expenses of travel of official business not to exceed in the aggregate under all funds the sum of $20,000.

CONTINGENT EXPENSES

To enable the Architect of the Capitol to make surveys and studies, to incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704), // 40 USC 166d, 166e. // and to meet unforeseen expenses in connection with activities under his care $120,000.

Capitol Buildings and Grounds CAPITOL BUILDINGS

For necessary expenditures for the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including improvements, maintenance, repair, equipment, supplies, material, fuel, oil, waste, and appurtenances; security installations authorized by H. Con. Res. 550, Ninety-second Congress, agreed to September 19, 1972, the cost limitation of whichis hereby further increased by $800,000; furnishings and office equipment; special and protective clothing for workmen; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901 - 5902); personal and other services; cleaning and repairing works of art and prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; // 41 USC 5. // preservation of historic drawings through use of document conservation laboratory facilities of the Library of Congress on a reimbursable basis; purchase or exchange, maintenance and operation of a passenger motor vehicle; purchase of necessary reference books and periodicals; for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $5,853,900.

Not to exceed $15,000 of the unobligated balance of the appropriation under this head for the fiscal year 1976 is hereby continued available until September 30, 1977.

Not to exceed $193,500 of the unobligated balance of that part of the appropriation under this head for the fiscal year 1975, continued available until June 30, 1976, is hereby continued available until September 30, 1977.

CAPITOL GROUNDS

For care and improvement of grounds surrounding the Capitol, the Senate and House Office Buildings, and the Capitol Power Plant; personal and other services; care of trees; planting; fertilizer; repairs to pavements, walks, and roadways; waterproof wearing apparel; maintenance of signal lights; and for snow removal by hire of men and equipment or under contract without regard ot section 3709 of the Revised Statutes, as amended, // 40 USC 223. // $1,832,800: Provided, That hereafter, funds appropriated under this heading shall be available for the purchase of rental, maintenance and operation of passenger motor vehicles to provide shuttle service for Members and employees of Congress to and from the buildings in the Legislative group.

Not to exceed $94,500 of the unobligated balance of the appropriation under this head for the fiscal year 1976 is hereby continued available until September 30, 1977.

SENATE OFFICE BUILDINGS

For maintenance, miscillaneous items and supplies, including furniture, furnishings, and equipment, and for labor and material incident thereto, and repairs thereof; for purchase of waterproof wearing apparel, and for personal and other services; for the care and operation of the Senate Office Buildings; including the subway and subway transporatation systems connecting the Senate Office Buildings with the Capitol; uniforms or allownaces therefor as authorized by law (5 U.S.C. 5901 - 5902), prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes as amended; // 41 USC 5. // to be expended under the control and supervision of the Architect of the Capitol in all $10,408,000, of which $980,000 shall remain available until expended.

Not to exceed $120,000 of the unobligated balance of the appropriation under this head for the fiscal year 1975, continued available until June 30, 1976, is hereby continued available until September 30,1977.

SENATE GARAGE

For maintenance, repairs, alterations, personal and other services, and all other necessary expenses, $139,500.

HOUSE OFFICE BUILDINGS

For maintenance, includnig equipment; waterproof wearing apparel; uniforms or allowances thereofr as authorized by law (5 U.S.C. 5901 - 5902); prevention and eradication of insect and other pests without regard to section 3709 of the Revised Stattutes, as amended; miscellaneous items; and for all necessary services, including the position of Superintendent of Garages as authorized by law, $144,448,000, of which $2,065,000 shall remain available until expended.

CAPITOL POWER PLANT

For lighting, heating, and power (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Supreme Court Buildings, Congressional Library Buildings, and the grounds about the same, Botanic Garden, Senate garage, and for airconditioning refrigeration not supplied from plants in any of such buildings; for heating the Government Printing Office, Washington City Post Office, and Folger Shakespeare Libary, reimbursement for which shall be made and covered into the Treasury; personal and other services, fuel, oil, materials, waterproof wearing apparel, and all other necessary expenses in connection with the maintenence and operation of the plant, $11,172,000.

MODIFICATIONS AND ENLARGEMENT, capitol POWER PLANT

For an additional amount for " Modifications and Enlargement, Capitol Power Plant", $12,000,000, to remain available until expended, and the limit of cost authorized by Public Law 93 - 50 (87 Stat. 109 - 110) for such project is increased by such additional amount.

Library Buildings and Grounds STRUCTURAL AND MECHANICL CARE

For necessary expenditures for mechanical and structural maintenance, including improvements, equipment, supplies, waterproof wearing apparel, and personal and other services, $2,241,200, of which $150,000 shall remain available until expended.

Not to exceed $71,000 of the unobligated balance of the appropriation under this head for the fiscal year 1976 is hereby continued available until September 30, 1977.

Automatic Elevator Operators

No part of the funds appropriated under this Act shall be used for the payment of compensation for more than forty-six elevator operator positions under the heading " Architect of the Capitol, Capitol Buildings", sixteen elevator operator positions under the heading " Architect of the Capitol, Senate Office Buildings"; and twenty-eight elevator operator positions under the heading " Architect of the Capitol, House Office Buildings": Provided, That such provision shall not be applicable to present incumbents of elevator operator positions.

TITLE VII BOTANIC GARDEN Salaries and Expenses

For all necessay expenses incident to maintaining, operating, repairing, and improving the Botanic Garden and the nurseries, buildings grounds, collections, and equipemtn pertaining thereto, including personal serivces; waterproof wearing apparel; not to exceed $25 for emergency medical supplies; traveling expenses, including bus fares, not to exceed $275; the prevention and eradication of insect and other pests and plant deseases by pruchase of materials and procurement of personal services by contract without regard to the provisions of any other Act; purchase and exchange of motor trucks; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; purchase of botanical books, periodicals, and books of reference, not to exceed $100; all under the direction of the Joint Committee on the Library, $1,164,900.

TITLE VIII LIBRARY OF CONGRESS Salaries and Expenses

For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care, and maintenance of the Library Buildings; special clothing; cleaning, laundering, and repair of uniforms; preservation of motion pictures in the custody of the Library; for the National Program for Acquisition and Cataloging of Library material; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $66,978,000.

Copyright Office SALARIES AND EXPENSES

For necessary expneses of the Copyright Office, including publication of the decisions of the Untied States courts involving copyrights, $9,408,300: Provided, That $1,683,000 of this appropriation shall be available only upon enactment into law of S. 22 or equivalent legislation.

National Commission on New Technological Uses of of Copyrighted Works SALARIES AND EXPENSES

For necessary expenses of the National Commission on New Technological Uses of Copyrighted Works, $559,500.

Congressional Research Service SALARIES NAD EXPENSES

For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended by section 321 of the Legislative Reorganization Act of 1970 (2 U.S.C. 166), $19,293,200: Provided, That no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration.

Distribution of Catalog Cards SALARIES AND EXPENSES

For necessary expenses for the preparation and distribution of catalog cards and other publications of the Library, $11,993,000.

Books for the General Collections

For necessary expenses (except personal services) for acquisition of books, periodicals, and newspapers, and all other material for the increase of the Library, $1,760,000, to remain available until expended, including $40,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections.

Books for the Law Library

For necessary expenses (except personal services) for acquisition of books, legal periodicals, and all other material for the increase of the law library, $286,000, to remain available until expended.

Books for the Blind and Physically Handicapped SALARIES AND EXPENSES

For salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $21,729,000.

Collection and Distribution of Library Materials

(Special Foreign Currency Program)

For necessary expenses for carrying out the provisions of section 104(b)(5) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), to remain available until expended, $2,910,200, of which $2,680,200 shall be available only for payments in any foreign currencies owed to or owned by the United States which the Treasury Department shall determine to be excess to the normal requirements of the United States.

Furniture and Furnishings

For necessary expenses for the purchase and repair of furniture, furnishings, office and library equipment, $2,942,000, of which $1,729,000 shall be abailable until expended only for the purchase and supply of furniture, book stacks, shelving, furnishings, and related costs necessary for the initial outfitting of the James Madison Memorial Library Building.

Revision of Annotated Constitution SALARIES AND EXPENSES

For necessary expenses to enable the Librarian to revise and extend the Annotated Constitution of the United States of America, $36,000, to remain available until expended.

Administrative Provisions

Sec. 801. Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of personnel security and suitability investigations of Library employees; special and temporary services (including employees engaged by day or hour or in piecework); and services as aothorized by 5 U.S.C. 3109.

Sec. 802. // 2 USC 169. // Not to exceed fifteen positions in the Library of Congress may be exempt from the provisions of appropriation acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress.

Sec. 803. // 2 USC 143a. // Funds available to the Library of Congress may be expended to reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad and for contracting on behalf of and horing alien employees for the Library of Congress under compensation plans comparable to those authorezed by section 444 of the Foreign Service Act of 1946, as amended (22 U.S.C. 889(a)); for purchase or hire of passenger motor vehicles; for payment of travel, storage and transportation of household goods, and transportation and per diem expenses for families en route (not to exceed twenty-four); for benefits comparable to those payable under sections 911(9), 911(11), and 941 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136( 9), 1136(11), and 1156, respectively); and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development--or his designee--under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87 - 195, 22 U.S.C. 2396(b)); subject ot such rules and regulations as may be issued by the Librarian of Congress.

Sec. 804. Payments in advance for subscriptions or other charges for bibliographical data, publications, materials in any other form, and services may be made by the Librarian of Congress whenever he determines it to be more prompt, efficient, or economical to do so in the interest of carrying out required Library programs.

Sec. 805. Appropriations in this Act available to the Library of Congress shall be available, in an amount not to exceed $92,000, when specifically authorized by the Librarian, for Expenses of attendance at meetings concerned with function or activity for which the appropriation is made.

Sec. 806. Funds available to the Library of Congress may be expended to provide additional parking facilities for Library of Congress employees in an area or areas in the District of Columbia outside the limits of the Library of Congress grounds, and to provide for transportation of such employees to and from such area or areas and the Library of Congress grounds without regard to the limitations imposed by 31 U.S.C. 638a(c)(2).

Sec. 807. Funds available to the Library of Congress may be expended to purchase, lease, maintain, and otherwise acquire automatic data processing equipment without regard to the provisions of 40 U.S.C. 759.

Sec. 808. The Disbursing Officer of the Library of Congress is authorized to disburse funds appropriated for the Congressional Budget Office, and the Library of Congress shall provide financial management support to the Congressional Budget Office as may be required and mutually agreed to by the Librarian of Congress and the Director fo the Congressional Budget Office. // 2 USC 142e. //

All vouchers certified for payment by duly authorized certifying officers of the Library of Congress shall be supported with a certification by an officer or employee of the Congressional Budget Office duly authorized in writing by the Director of the Congressional Budget Office to certify payments from appropriations of the Congressional Budget Office. The Congressional Budget Office certifying officers shall (1) be held responsible for the existence and correctness of the facts recited in the certificate of otherwise stated on the voucher or its supporting paper and the legality of the proposed payment under the appropriation or fund involved, (2) be held responsible and accountable for the correctness of the computations of certifications made, and (3) be held accountable for and required to make good to the United States the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate made by him, as well as for any payment prohibited by law which did not represent a legal obligation under the appropriation or fund involved: Provided, That the Comptroller General of the United States may, at his discretion, relieve such certifying officer or employee of liability for any payment otherwise proper whenever he finds (1) that the certification was based on official records and that such certifying officer or employee did not know, and by reasonable diligence and inquiry could not have ascertained the actual facts, or (2) that the obligation was incurred in good farith, that the payment was not contrary to any statutory provision specifically prohibiting payments of the character involved, and the United States has received value for such payment: Provided further, That the Comptroller General overpayment for transportation services made to any common carrier covered by section 66 of title 49, whenever he finds that the overpayment occurred solely because the administrative examination made prior to payment of hte transportation bill did not include a verification of transportation rates, freight classifications, or land grant deduction. (Public Law 58 - 53, paragraph 3, June 13, 1957, 71 Stat. 81.)

The Disbursing Officer of the Library of Congress shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate, the responsibility for whichis imposed upon a certifying officer or employee of the Congressional Budget Office.

TITLE IX COPYRIGHT ROYALTY COMMISSION Salaries and Expenses

For nicessary expenses of the Copyright Royalty Commission, $268,000, which shall be abailable only upon enactment into law of S.22 or equivalent legislation.

TITLE X GOVERNMENT PRINTING OFFICE Printing and Binding

For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); printing, binding, and distribution of the Federal Register (including the Code of Federal Regulations) as authorezed by law (44 U.S.C. 1509, 1510); and printing and binding of Government publications authorized by law to be distributed without charge the recipient, $93,639,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the anual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be abailable for the payment of abligations incurred under the appropriations for similar purposes for preceding fiscal years.

Hereafter, notwithstanding any other provisions of law, // 44 USC 728 note. // appropriations for the automatic distribution to Senators and Representatives (including Delegates to Congress and the Resident Commissioner from Puerto Rico) of copies of the United States Statutes at Large shall not be abailable with respect to any Senator or Representative unless such Senator or Representative specifically, in writing, requests that he receive copies of such document.

Office of Superintendent of Documents SALARIES AND EXPENSES

For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the provisions of 44 U.S.C. 305; travel expenses (not to exceed $88,300): Provided, That expenditures in connection with travel expenses of the Depository Library Council to the Public printer shall be deemed necessary to carry out the provisions of chapter 19 of title 44, United States Code; // 44 USC 1901. // price lists and bibliographies; repairs to buildings, elevators, and machinery; and supplying books to depository libraries; $47,188,400: Provided, That $300,000 of this appropriation shall be apportioned for used prusuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments.

Government Printing Office Revolving Fund

The Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, // 31 USC 849. // as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the " Government Printing Office revolving fund": Provided, That not to exceed $3,500 may be expended on the certification of the Public Printer in connection with special studies of governmental printing, binding, and distribution practices and procedures: Provided further, That during the current fiscal year the revolving fund shall be available for the hire of two passenger motor vehicles and the purchase of one passenger motor vehicle: Provided further, That funds available ot the Government Printing Office may be expended to purchase, lease maintain and otherwise acquire automatic data processing equipment without regard to the provisions of 40 U.S.C. 759: Provided further, That funds available to the

TITLE XI GENERAL ACCOUNTING OFFICE Salaries and Expenses

For necessary expenses of the General Accounting Office, including not to exceed $5,000 to be expended on the certification of the Comptroller General of the United States in connection with special studies of governmental financial practices and procrdures; services as authorized by 5 U.S.C. 3109 but at rates for induviduals not to exceed the per diem rate equivalent to the rate for grade GS - 18; // 5 USC 5332 note. // hire of one passenger motor vehicle; advance payments in foreign countires notwithstanding section 3648, Revised Statutes, as amended (31 U.S.C. 529); benefits comparable to those payable under section 911(9), 911(11) and 942(a) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11), and 1157(a), respectively); and under regulations prescribed by the Comptroller General of the United States, rental fo living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agnecy for International Development--, or his designee--under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87 - 195, 22 U.S.C. 2396(b)), $150,580,000: Provided, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the Joint Financial Management Improvement Program (JFMIP) shall be available to finance an appropriate share of JFMIP costs as determined by the JFMIP, including but not limited to the salry of the Executive Secretary and secretarial support: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of Forum costs as determined by the Forum, including necessary travel expenses of non-Federal participants. Payments hereunder to either the Forum or the JFMIP may be credited as reimbursements to any appropriation from which costs involved are initially financed.

TITLE XII COST- ACCOUNTING STANDARDS BOARD Salaries and Expenses

For expenses of the Cost-Accounting Standards Board necessary to carry out the provision of section 719 of the Defense Production Act of 1950, as amended // 50 USC app. 2168. // (Public Law 91 - 379, approved August 15, 1970), $1,700,000.

TITLE XIII GENERAL PROVISIONS

Sec. 1301. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration.

Sec. 1302. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 // 46 Stat. 32. // is appropriated for herein or wherever the rate of compensation or designation of any position appropriated for herein is defferent from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto; Provided, That the provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be ther permanent law with repect thereto.

Sec. 1303. No part of any appropriation contained in this Act shall remain available for abligation beyond the current fiscal year unless expressly so provided herein.

sec. 1304. Notwithstanding any other provision of law, none of the funds in this Act shall be used to pay Pages of the House of Representatives at a gross annual maxumum rate of compensation in excess of that in effect on June 30, 1975. Effective October 1, 1976, the gross annual maximum rate of compensation of Pages of the Senate shall be $9,063, and such rate shall not be adjusted under any Order of the President pro tempore of the Senate issued under authority of section 4 of the Federal Pay Comparability Act of 1970, // 2 USC 60a notes. // except to the multiple specified in any sucn Order which is nearest to but not less than $9,606.

Sec. 1305. (a) The Sergeant at Arms and Doorkeeper of the Senate and Sergeant at Arms of the House may (1) designate as a private, first class, any private of the Capitol Police whose pay is disbursed by the Secretary of the Senate or Clerk of the House who has served satisfactorily as a member of the Capitol Police for thirty months or more, and (2) fix the compansation of any such private, first class, at not to exceed $13,038 per annum: Provided, That the Sergeant at Arms of the House may fix the compensation of seven Detectives, Police Force at not exceed $14,946 per annum each in lieu of not to exceed $13,992 per annum each; nineteen Technicians, Police Force at not to exceed $13,992 per annum each in lieu of not to exceed $13,038 per annum each; eight Plaincolthesmen, Police Force at not to exceed $13,992 per annum each in lieu of not to exceed $13,038 per annum each; and six K-9 Officers, Police Force at not to exceed $13,992 per annum each in lieu of not to exceed $13,038 per annum each.

(b) Subsection (a) shall take effect October 18 1976. Any designation of a private of the Capitol Police as a private, first class, shall be made effective on the first day of a month, and no such designation may be effective before the first day of the first month which begins after the day on which such private has served satisfactorily as a member of the Capitol Police for thirty months.

COST OF LIVING ADJUSTMENTS

Sec. 1306. (a) Section 8340(b) of title 5, United States Code, is amended by striking out "1 percent plus". (b) // 5 USC 8340 note. // The amendment made by subsection (a) shall apply to any increase in annuities after the date of anactment of this Act.

(c)(1) Section 8340(b) of title 5, United States Code, as amended by subsection (a), is amended to read as follows:

"(b)(1) The Commission shall--,

"(A) on January 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for December of the preceding year over the price index published for June of the preceding year, and

"(B) on July 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for June of such year over the price index published for December of the preceding year.

"(2) If in any year the percent change determined under either paragraph (1)(A) or (1)(B) indicates a rise in the price index, then--,

"(A) effective March 1 of such year, in the case of an increase under paragraph (1)(A), each annuity payable from the Fund having a commencing date not later than such March 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent, or

"(B) effective September 1 of such year, in the case of an increase under paragraph (1)(B), each annuity payable, from the Fund having a commencing date not later than such September 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent.".

(2) // 5 USC 8340 note. // The amendment made by subsection (1) shall apply to any increase in annuities after the date of anactment of this Act, except that with respect to the first date after the date of anactment of this Act on which the Commission is to determine a percent change, such percent change shall be determined by computing the change in the price index published for the month immediately preceding such first date over the price index for the last month prior to the date of enactment of this Act for which the price index showed a percent rise forming the basis for a cost-of-living annuity increase under section 8340(b) of title 5, United States Code, as in effect immediately prior to the date of the anactment of this Act.

(d)(1) Section 1401a(b) of title, 10, United States Code, in amended to read as follows:

"(b)(1) The Secretary of Defense shall--,

"(A) on January 1 of each year, or within a reasonable time thereafter, determine the percent change in the index published for December of the preceding year over the index published for June of th preceding year; and

"(B) on July 1 of each year, or within a reasonable time thereafter, determine the percent change in the index published for June of such year over the index published for December of the previous year.

"(2) If in any year the percent change determined under either paragraph (1)(A) or (1)(B) indicates a rise in the index, then--,

"(A) effective March 1 of such year, in the case of an increase under paragraph (1)(A), the retired pay and retainer pay of members and former members of the armed forces who become entitled to that pay before such March 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent; and

"(B) effective September 1 of such year, in the case of an increase under paragraph (1)(B), the retired pay and retainer pay of members and former members of the armed forces who become entitled to that pay before such September 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent.".

(2) The amendment made by subsection (1) // 10 USC 1401a note. // shall apply to any increase in retired pay or retainer pay after the date of enactment of this Act, except that with respect to the first date after the date of enactment of this Act on which the Secretary of Defense in the determine a percent change, such percent change shall be determined by computing the change in the index published for the month immediately preceding such first date over the index for the last month preceding the date of enactment of this Act used as the basis for the most recent adjustment of retired pay and retainer pay under section 1401a(b) of title 10, United States Code, as in effect immediately prior to the date of enactment of this Act.

(e)(1) Section 882(b) of the Foreign Service Act of 1946 (22 U.S.C. 1121(b)), is amended to read as follows:

"(b)(1) The Secretary shall--,

"(A) on January 1 of each year, or within a reasonable time thereafter, datermine the percent change in the price index published for December of the preceding year over the price index published for June of the preceding year, and

"(B) on July 1 of each year, or within a reasonable time thereafter, determine the percent change in the price index published for June of such year over the price index published for December of the preceding year.

"(2) If any year the percent change determined under either paragraph (1)(A) or (1)(B) indicates a rise in the price index, then--,

"(A) effective March 1 of such year, in the case of an increase under paragraph (1)(A), each annuity payable from the Fund having a commencing date not later than such March 1 shall be increased by the percent change computed under such paragraph, adjusted to the nearest 1/10 of 1 percent, or

"(B) effective September 1 of such year, in the case of an increase under paragraph (1)(B), each annuity payable from the Fund having a commencing date not later than such September 1 shall be increased by the percent change computed under such paragraph adjusted to the nearest 1/10 of 1 percent.".

(2) The amendment made by subsection (1) // 22 USC 1121 note. // shall apply to any increase in annuities after the date of anactment of this Act, except that with respect to the first date after the date of enactment of this Act on which the Secretary in the determine a percent change, such percent change shall be determined by computing the change in the price index published for the month immediately preceding such first date over the price index for the last month prior to the date of enactment of this Act for which the price index showed a percent rise forming the basis for a cost-of-living increase under section 882(b) of the Foreign Service Act of 1946 (22 U.S.C. 1121(b)), as in effect immediately prior to the date of enactment of this Act.

This Act may be cited as the " Legislative Branch Appropriation Act, 1977".

Approved October 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS No. 94 - 1225 (Comm. on Appropriations) and No. 94 - 1559 (Comm. of Conference).

SENATE REPORT No. 94 - 1201 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 1, considered and passed House. Sept. 7,8,considered and passed Senate, amended. Sept. 22, House agreed to conference report; concurred in certain Senate Amendments with amendments. Senate agreed to conference, report; concurred in House amendments.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 40: Oct. 1, Presidential statement.

PUBLIC LAW 94-439, 90 STAT. 1418

94th Congress, H.R. 14232 September 30, 1976
AN ACT Making appropriations for the Departments of Labor, and Health, Education, and Welfare, and related agencies, for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Deppartments of Labor and Health, Education, and Welfare, and related agencies, for the fiscal year ending September 30, 1977, and for other purposes, namely:

TITLE I--DEPARTMENT OF LABOR Enployment and Training Administration PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $69,774,000, together with not to exceed $30,884,000 which may be expended from the Employment Security Administraiton account in the Unemployment Trust Fund, and of which $5,598,000 shall be for carrying into effect the provisions of 38 U.S.C. 2001 - 2003.

EMPLOYMENT AND TRAINING ASSISTANCE

For expenses necessary to carry into effect the Comprehensive Employment and Training Act of 1973, 29 USC 801 note. as amended, and sections 326 and 328 of the Trade Expansion Act of 1962 (19 U.S.C. 1951 and 1961) and sections 236, 237, and 238 of the Trade Act of 1974, 19 USC 2296, 2297, 2298. (19 U.S.C. 2101) $3,311,830,000, plus reimbursements, to remain available until September 30, 1978: Provided, That this appropriation shall be available for the purchase and hire of passenger motor vehicles, and for construction, alteration, and repair of buildings and other facilities and for the purchase of real property for training centers as authorized by the Comprehensive Employment and Training Act of 1973, as amended, (29 U.S.C. 801 et seq.).

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title IX of the Older Americans Act, 42 USC 3056. 42 USC 3056d. $90,600,000, of which $75,300,000 shall be for section 906( a)(1).

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of benefits and allowances to unemployed Federal employees and ex-servicemen, as authorized by title 5, chapter 85 of the United States Code, 5 USC 8501 et seq. of trade adjustment benefit payments and allowances, as provided by law (19 U.S.C. 1941 - 1944 and 1952; part I, subchapter B, chapter 2, title II of the Trade Act of 1974), 19 USC 2291. and of unemployment assistance as authorized by title II of the Emergency Jobs and Unemployment Assistance Act of 1974, as amended, 26 USC 3304 note. $860,000,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current year: Provided, That, in addition, there shall be transferred from the Postal Service Fund to this appropriation such sums as the Secretary of Labor determines to be the cost of benefits for ex-Postal Service employees: Procided further, That amounts received during the current fiscal year from the Postal Service or recovered from the States pursuant to 5 U.S.C. 8505( d) shall be available for such payments during the year.

GRANTS TO STATES FOR UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICES

For grants for activities authorized by the Act of June 6, 1933, as amended (29 U.S.C. 49 - 49n; 39 U.S.C. 3202(a)(1)(E)); Veterans' Employment and Readjustment Act of 1972, as amended (38 U.S.C. 2001 - 2013); title III of the Social Security Act, as amended (42 U.S.C. 501 - 503); sections 312(e) and (g) of the Comprehensive Employment and Training Act of 1973, as amended; 29 U.S.C. 882. and necessary administrative expenses for carrying out 5 U.S.C. 8501 - 8523, 19 u.s. c.1941 - 1944, 1952, and chapter 2, title II, of the Trade Act of 1974, 19 USC 2271 et seq. including upon the request of any State, the payment of rental for space made available to such State in lieu of grants for such purpose, $89,100,000, together with not to exceed $1,412,700,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund and of which $239,800,000 shall be available only to the extent necessary to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State's basic grant was based, which cannot be provided for by normal budgetary adjustments: Provided, That any portion of the funds granted to a State in the current fiscal year and not obligated by the State in that year shall be returned to the Treasury and credited to the account from which derived.

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund, as authorized by sections 905(d) and 1203 of the Social Security Act, as amended, 12 USC 1105, 1323. and for nonrepayable advances to the " Federal unemployment benefits and allowances" account, to remain available until September 30, 1978, $5,000,000,000.

LABOR- MANAGEMENT SERVICES ADMINISTRATION SALARIES AND EXPENSES

For necessary expenses for the LABOR- MANAGEMENT Services Administation, $48,319,000.

Pension Benefit Guaranty Corporation

The Pension Benefit Guaranty Corporation is authorized to make such expenditures within limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program through September 30, 1977 for such operation.

Employment Standards Administration SALARIES AND EXPENSES

For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $92,952,000, together with $250,000 which may be expended from the Special Fund in accordance with Sections 39(c) and 44(j) of the Longshoremen's and Harbor Workers' Compensation Act. 33 USC 939, 944.

SPECIAL BENEFITS

For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, 30 Usc 901. 5 USC 8101 et seq. and title V, chapter 81 of the United States Code; continuation of benefits as provided for under the head " Civilian War Benefits" in the Federal Security Agency Appropriation Act, 1947; the Employees' Compensation Commission Appropriation Act, 1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and fifty per centum of the additional compensation and benefits required by section 10(h) of the Longshoremen's and Harbor Workers' Compensation Act, as amended, 33 USC 910. $317,818,000, together with such amount as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to September 15 of the current year: Provided, That in addition there shall be transferred from the Postal Service fund to this appropriation such sums as the Secretary of Labor determines to be the cost of administration for Postal Service employees through September 30, 1977.

Whenever the Secretary of Labor finds it will promote the achievement of the above activities, qualified persons may be appointed to conduct hearings thereunder without meeting the requirements for hearing examiners appointed under 5 U.S.C. 3105: Provided, That no person shall hold a hearing in any case with which he has been concerned previously in the administration of such activities.

Occupational Safety and Health Administration SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health Administration, $130,333,000, of which not to exceed $9,000,000 shall be available for reimbursement to States under section7(c)(1) of the Occupational Safety and Health Act of 1970 (29 U.s.c. 656(c)(1)) for the furnishing of consultation services to employers under section 21( c) of such Act (29 U.s.c. 670(c)): Provided, That none of the funds appropriated under this paragraph shall be obligated or expended for the assessment of civil penalties issued for first instance violations of any standard, rule, or regulation promulgated under the Occupational Safety and Health Act of 1970 29 Usc 651 note. (other than serious, willful, or repeated violations under section 17 of the Act) resulting from the inspection of any establishment or workplace subject to the Act, 29 USC 666. unless such establishment or workplace is cited, on the basis of such inspection, for 10 or more violations: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Occupational Safety and Health Act of 1970 which is applicable to any person who is engaged in a farming operation and employs 10 or fewer employees.

Bureau of Labor Statistics SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements ot State, Federal, and local agencies and their employees for services rendered, $73,018,000, of which $5,614,000 shall be for expenses of revising the Consumer Price Index, including salaries of temporary personnel assigned to this project without regard to competitive civil service requirements.

Departmental Management SALARIES AND EXPENSES

For necessary expenses for departmental management and $1,393,000 for the President's Committee on Employment of the Handicapped, $49,182,000, together with not to exceed $1,305,000, to be derived from the Employment Security Administration account, Unemployment Trust Fund.

SPECIAL FOREIGN CURRENCY PROGRAM

For payments in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, for necessary expenses of the Department of Labor, as authorized by law, $70,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to such agency for payments in the foregoing currencies.

General Provisions

Sec. 101. Appropriations in this Act available for salaries and expenses shall be available for supplies, services, and rental of conference space within the District of Columbia, as the Secretary of Labor shall deem necessary for settlement of labor-management disputes.

This title may be cited as the " Department of Labor Appropriation Act, 1977".

TITLE II- DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Health Services Administration HEALTH SERVICES

For carrying out, except as otherwise provided, titles III, V, X, XI, and sections 1303, 1304(a) and 1304(b) of the Public Health Service Act, 42 USC 241, 219, 300, 300b, 300e - 2, 300e - 3. the Act of August 8, 1946 (5 U.S.C. 7901), 42 USC 253b and note. section 1 of the Act of July 19, 1963 (42 U.S.C. 253a), 42 USC 701, 1301. section 108 of Public Law 93 - 353, and titles V and XI of the Social Security Act, 42 USC 300e. $1,016,021,000, of which $1,200,000 shall be available only for payments to the State of Hawaii for care and treatment of persons afflicted with leprosy: Provided, That any amounts received by the Secretary in connection with loans and loan guarantees under title XIII and any other property or assets derived by him from his operations respecting such loans and loan guarantees, including any money derived from the sale of assets, shall be available to the Secretary without fiscal year limitation for direct loans and loan guarantees, as authorized by said title XIII, in addition to funds specifically appropriated for that purpose: Provided further, That this appropriation shall be available for payment of the costs of medical care, related expenses, and burial expenses, hereafter incurred, by or on behalf of any person who has participated in the study of untreated syphilis initiated in Tuskegee, Alabama, in 1932, in such amounts and subject to such terms and conditions as prescribed by the Secretary of Health, Education, and Welfare, and for payment, in such amounts and subject to such terms and conditions, of such costs and expenses hereafter incurred by or on behalf of such person's wife or offspring determined by the Secretary to have suffered injury or disease from syphilis contracted from such person: Proviced further, That when the Health Services Administration operates an employee health program for any Federal department or agency, payment for the estimated cost shall be made by way of reimbursement or in advance to this appropriation: Provided further, That in addition, $40,121,000 may be transferred to this appropriation as authorized by section 201(g)(1) of the Social Security Act, 42 USC 401. from any one or all of the trust funds referred to therein.

Center for Disease Control PREVENTIVE HEALTH SERVICES

To carry out, to the extent not otherwise provided, title III of the Public Health Service Act, 42 USC 241. title XVII of the Public Health Service Act, 42 USC 300u. the Lead-Based Paint Poisoning Prevention Act, 42 USC 4801 note. the Federal Coal Mine Health and Safety Act of 1969, 30 USC 801 note. and the Occupational Safety and Health Act of 1970, 29 USC 651 note. including insurance of official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft, $175,228,000: Provided, That training of employees of private agencies shall be made subject to reimbursement or advances to this appropriation for the full cost of such training.

National Institutes of Health NATIONAL CANCER INSTITUTE

For carrying out, to the extent not otherwise provided, title IV of the Public Health Service Act 42 USC 281. with respect to cancer, $815,000,000.

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For expenses, not otherwise provided for, necessary to carry out titles IV and XI of the Public Health Service Act 42 USC 281, 300b. with respect to heart, lung, blood vessel, and blood diseases, $396,661,000.

NATIONAL INSTITUTE OF DENTAL RESEARCH

For expenses, not otherwise provided for, to carry out title IV of the Public Health Service Act with respect to dental diseases, $55,573,000.

NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM, AND DIGESTIVE DISEASES

For expenses necessary to carry out title IV of the Public Health Service Act with respect to arthritis, rheumatism, metabolic diseases, and digestive diseases, $209,000,000.

NATIONAL INSTITUTE OF NEUROLOGICAL AND COMMUNICATIVE DISORDERS AND STROKE

For expenses necessary to carry out, to the extent not otherwise provided, title IV of the Public Health Service Act with respect to neurological and communicative disorders and stroke, $155,500,000.

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For expenses, not otherwise provided for, to carry out title IV of the Public Health Service Act with respect to allergy and infectious diseases, $141,000,000.

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For expenses, not otherwise provided for, necessary to carry out title IV of the Public Health Service Act with respect to general medical sciences, $205,000,000.

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

To carry out, except as otherwise provided, titles IV and X of the Public Health Service Act 42 USC 300. with respect to child health and human development, $145,543,000.

NATIONAL INSTITUTE ON AGING

To carry out, except as otherwise provided, title IV of the Public Health Service Act with respect to aging, $30,000,000.

NATIONAL EYE INSTITUTE

For expenses necessary to carry out title IV of the Public Health Service Act, with respect to eye diseases and visual disorders, $64,000,000.

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

To carry out, except as otherwise provided, sections 301, 311, and 472 of the Public Health Service Act 42 USC 241, 243, 289l - 1. with respect to environmental health sciences, $49,141,000.

RESEARCH RESOURCES

To carry out, except as otherwise provided, sections 301 and 472 of the Public Health Service Act 42 USC 241, 2891 - 1. with respect to research resources and general research support grants, $137,500,000: Provided, That none of these funds shall be used to pay recipients of the general research support grants programs any amount for indirect expenses in connection with such grants.

JOHN E. FOGARTY INTERNATIONAL CENTER FOR ADVANCED STUDY IN THE HEALTH SCIENCES

For the John E. Fogarty International Center for Advanced Study in the Health Sciences, $7,992,000, of which not to exceed $1,400,000 shall be available for payment to the Gorgas Memorial Institute for maintenance and operation of the Gorgas Memorial Laboratory.

NATIONAL LIBRARY OF MEDICINE

To carry out, to the extent not otherwise provided for, section 301 with respect to health information communications and parts I and J of title III of the Public Health Service Act, 42 USC 2891, 280b. $35,234,000.

BUILDINGS AND FACILITIES

For construction of, and acquisition of sites and equipment for, facilities of or used by the National Institutes of Health, where not otherwise provided, $67,400,000 to remain available until expended.

OFFICE OF THE DIRECTOR

For expenses necessary for the Office of the Director, National Institutes of Health, $16,234,000.

Funds advanced to the National Institutes of Health management fund from appropriations in this Act shall be available for the expenses of sharing medical care facilities and resources pursuant to section 328 of the Public Health Service Act 42 USC 254a. and for the purchase of not to exceed thirteen passenger motor vehicles for replacement only.

Alcohol, Drug Abuse, and Mental Health Administration ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH

For carrying out the Public Health Service Act with respect to mental health, and except as otherwise provided, parts A, B, and D of the Community Mental Health Centers Act (42 U.S.C. 2681, et seq.), the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, 42 USC 4551 note. as amended, the Narcotic Addict Rehabilitation Act of 1966, 42 USC 3401 note. and the Drug Abuse Office and Treatment Act of 1972, 21 USC 1101 note. $763,141,000.

SAINT ELIZABETHS HOSPITAL

For expenses necessary for the maintenance and operation of the hospital, including clothing for patients, and cooperation with organizations or individuals in the scientific research into the nature, causes, prevention, and treatment of mental illness, $60,464,000, or such amounts as may be necessary to provide a total appropriation equal to the difference between the amount of the reimbursements received during the current fiscal year on account of patient care provided by the hospital during such year and $84,244,000.

Health Resources Administration HEALTH RESOURCES

For carrying out, to the extent not otherwise provided, titles III, VIII, and XV and section 472 of the Public Health Service Act, 42 USC 241, 296, 300k - 1, 2891 - 1. section 1122 of the Social Security Act 42 USC 1320a - 1. and section 222 of the Social Security Amendments of 1972, 42 USC 1395f note. $359,008,000 of which $9,000,000 shall remain available until expended for carrying out section 305(b)(3) of the Public Health Service Act, 42 USC 242c. without regard to the requirements of section 308 of said Act. 42 USC 242f.

MEDICAL FACILITIES GUARANTEE AND LOAN FUND

For carrying out title XVI of the Public Health Service Act, 42 USC 300o. $31,000,000 shall be available without fiscal year limitation for the payment of interst subsidies. The total principal amount of loans to be guaranteed or directly made, which may be allotted among the States, pursuant to titles VI and XVI of the Public Health Service Act 4i USC 291. shall not exceed a cumulative amount of $1,750,000,000.

PAYMENT OF SALES INSUFFICIENCIES AND INTEREST LOSSES

For the payment of such insufficiencies as may be required by the trustee on account of outstanding beneficial interest or participations in the Health Professions Education Fund assets or Nurse Training Fund assets, authorized by the Department of Health, Education, and Welfare Appropriation Act, 1968, to be issued pursuant to section 302(c) of the Federal National Mortgage Association Charter Act, 12 USC 1717. $164,000, and for payment of amounts pursuant to section 744(b) or 827( b) of the Public Health Service Act 42 USC 294d, 297f. to schools which borrow any sums from the Health Professions Education Fund or Nurse Training Fund, $3,836,000: Provided, That the amounts appropriated herein shall remain available until expended.

HEALTH EDUCATION LOANS

The Secretary is hereby authorized to make such expenditures, within the limits of funds available in the Health Professions Education Fund and the Nurse Training Fund, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government Corporation Control Act, as amended, 31 USC 849. as may be necessary in carrying out the programs set forth in the budget for the current fiscal year.

Assistant Secretary for Health SALARIES and EXPENSES

For expenses necessary for the Office of the Assistant Secretary for Health, $22,316,000.

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED OFFICERS

For retired pay of commissioned officers, as authorized by law, and for payments under the Retired Serviceman's Family Protection Plan; Survivor Benefit Plan and payments for medical care of dependents and retired personnel under the Dependents' Medical Care Act (10 U.S.C., ch. 55), 10 USC 1071 et seq. such amount as may be required during the current fiscal year.

SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be in excess to the normal requirements of the United States, for necessary expenses for conducting scientific activities overseas, as authorized by law, $1,500,000, to remain available until expended: Provided, That this appropriation shall be available in addition to other appropriations for such activities, for payments in the foregoing currencies.

EDUCATION DIVISION Office of Education ELEMENTARY AND SECONDARY EDUCATION

For carrying out, to the extent not otherwise provided, title I, part A ($2,258,981,000), title I, part B ($24,769,000), title IV, part C ($184,522,000)8 title VII ($115,000,000), and title IX of the Elementary and Secondary Education Act; 20 USC 241c, 241d, 1831, 880b. title VII of the Education Amendments of 1974; the Environmental Education Act 20 USC 1901 20 USC 1531 note. ($3,500,000); section 417( a)(2) of the General Education Provisions Act; 20 USC 1226c. the Communications Act of 1934, as amended; section 842 of Public Law 93 - 380; the Alcohol and Drug Abuse Education Act; part B of the Headstart-Follow Through Act ($59,000,000); and Public Law 92 - 506 47 USC 151; 20 USC 246. 21 USC 1001 note. 42 USC 2929. 47 USC 392a. as amended, $2,703,572,000 of which $10,500,000 shall remain available until September 30, 1978, for carrying out section 842 of Public Law 93 - 380 and $15,000,000 for educational broadcasting facilities shall remain available until expended, including $1,000,000 for carrying out section 392 A of the Communications Act of 1934, as amended: Provided, That of the amounts appropriated above the following amounts shall become available for obligation on July 1, 1977, and shall remain available until September 30, 1978: title I, part A ($2,258,981,000), title I, part B ($24,769,000), title IV, part C ($184,522,000) of the Elementary and Secondary Education Act and section 417(a)(2) of the General Education Provisions Act ($1,250,000): Provided further, That amounts appropriated in Public Law 94 - 94 for carrying out title I of the Elementary and Secondary Education Act 20 USC 241a. in the fiscal year 1977 shall be available for carrying out section 822 of Public Law 93 - 380. For carrying out title IV of the Elementary and Secondary Education Act 20 USC 241c note. an additional $9,478,000 for fiscal year 1978: Provided, That none of such funds 20 USC 1801. may be paid to any State for which the allocation for fiscal year 1978 exceeds the allocation for comparable purposes for fiscal year 1977.

SCHOOL ASSISTANCE IN FEDERALLY AFFECTED AREAS

For carrying out title I of the Act of September 30, 1950, as amended (20 U.S.C., ch. 13), 20 USC 236 et seq. $768,000,000 of which $52,500,000 shall be for payments under section 6, 20 USC 241. and $715,500,000 shall be for payments under sections 2, 3, and 4 in accordance with subsection 5(c)(1) and (2) of said Act 20 USC 237, 238, 239, 240. and for payments under subparagraphs (A), (B), (C), and (D) of section 305 of the Education Amendments of 1974. 20 USC 238.

For carrying out the Act of September 23, 1950, as amended (20 U.S. C., ch. 19), 20 USC 631 et seq. $25,000,000, which shall remain available until expended, shall be for providing school facilities as authorized by said Act of September 23, 1950: 20 USC 640. Provided, That, with the exception of up to $6,000,000 for repairs for facilities constructed under section 10, none of the funds contained herein for providing school facilities shall be available to pay for any other section of the Act of September 23, 1950, until payment has been made of 100 per centum of the amounts payable under section 5 and subsections 14(a) and 14(b): 20 USC 635, 644. Provided further, That, of the funds provided herein for carrying out the Act of September 23, 1950, no more than $8,000,000 may be used to fund section 5 of said Act: Provided further, That, notwithstanding section 421 A(c)(2)(A) of the General Education Provisions Act, 20 Usc 1231. the Commissioner of Education is authorized to approve applications for funds to increase school facilities in communities located near the Trident Support Site, Bangor, Washington, on such terms and conditions as he may reasonably require without regard to any provision in law.

EMERGENCY SCHOOL AID

For carrying out title IV of the Civil Rights Act of 1964 42 USC 2000c. 20 USC 1601 note. and the Emergency School Aid Act, 20 USC 1607, 1605. $274,700,000, of which $35,750,000 shall be for section 708(a) and $137,600,000 shall be for section 706(a) of the Emergency School Aid Act.

EDUCATION FOR THE HANDICAPPED

For carrying out, to the extent not otherwise provided, the Education of the Handicapped Act, 20 USC note. as amended by Public Law 94 - 142, except for sections 607 and 618 20 USC 1406, 1418. $467,625,000: Provided, That of this amount, $315,000,000 for part B and $12,500,000 for section 619 20 USC 1419. shall become available for obligation on July 1, 1977, and shall remain available until September 30, 1978: Provided, That the appropriations for " Education for the handicapped" contained in title I, chapter VI of Public Law 94 - 303 (Second Supplemental Appropriations Act, 1976) is amended by adding at the end thereof, " to remain available until September 30, 1977": Provided further, That funds contained in this title for " Special benefits for disabled coal miners" shall remain available for benefit payments from July 1, 1976 through September 30, 1977.

OCCUPATIONAL, VOCATIONAL, AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, parts B and C ($844,000,000) and section 104(b) of the Vocational Education Act of 1963, as amended (20 U.S.C. 1241 - 1391), and the Adult Education Act of 1966, 20 USC 1201 note. $932,053,000, including not to exceed $31,500,000 for research and training under part C of said 1963 Act: 20 USC 1281. Provided, That of the amounts appropriated above the following amounts shall become available for obligation on July 1, 1977, and shall remain available until September 30, 1978: part B ($475,000,000), part C ($18,000,000) and section 104(b) ($4,316,000) of the Vocational Education Act of 1963 20 USC 1244. and $80,500,000 for the Adult Education Act.

For carrying out, to the extent not otherwise provided, title IV and section 966 of the Higher Education Act, 20 USC 1061, 1134r - 1. the Emergency Insured Student Loan Act of 1969, 20 USC 1078a note. the Mutual Educational and Cultural Exchange Act of 1961, 22 USC 2451 note. and section 22 of the Act of June 29, 1953, as amended (7 U.S.C. 329), $352,170,000, of which $325,000,000 for subsidies on guaranteed student loans shall remain available until expended.

LIBRARY RESOURCES

For carrying out, to the extent not otherwise provided, titles I ($56,900,000) and III ($3,337,000) of the Library Services and Construction Act (20 U.S.C., ch. 16); 20 USC 352, 355e. and title IV, part B ($154,330,000) of the Elementary and Secondary Education Act, 20 USC 1821. $214,567,000: Provided, That the amount appropriated above for title IV, part B of the Elementary and Secondary Education Act shall become available for obligation on July 1, 1977, and shall remain available until September 30, 1978.

SPECIAL PROJECTS AND TRAINING

For carrying out the Special Projects Act (Public Law 93 - 380) 20 USC 1851 note. and section 422(a) of the General Education Provisions Act, 20 USC 1231a. $47,493,000.

EDUCATIONAL ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURENCY PROGRAM)

For payments in foreign currencies which the Treasury Department determines to be in excess to the normal requirements of the United States, for necessary expenses of the Office of Education, as authorized by law, $2,000,000, to remain available until expended: Provided, That this appropriation shall be available, in addition to other appropriations to such office, for payments in the foregoing currencies.

SALARIES AND EXPENSES

For carrying out, to the extent not otherwise provided, the General Education Provisions Act, 20 USC 1221. and the Education Amendments of 1974, 20 USC 821 note. including rental of conference rooms in the District of Columbia, $115,784,000.

HIGHER EDUCATION FACILITIES LOAN AND INSURANCE FUND

For the payment of such insufficiencies as may be required by the trustee on account of outstanding beneficial interest of participations in assets of the Office of Education authorized by the Department of Health, Education, and Welfare Appropriation Act, 1968, to be issued pursuant to section 302(c) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(c)), $2,119,000, to remain available until expended, and the Secretary is hereby authorized to make such expenditures, within the limits of funds available in the Higher Education Facilities Loan and Insurance Fund, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitation as provided by section 104 of the Government Corporation Control Act (31 U.S.C. 849) as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such fund.

Office of the Assistant Secretary for Education SALARIES AND EXPENSES

For necessary expenses to carry out sections 402 and 406 of the General Education Provisions Act, 20 USC 1221b, 1221e - 1. $20,446,000, of which not to exceed $1,500 may be for official reception and representation expenses.

Social and Rehabilitation Service PUBLIC ASSISTANCE

For carrying out, except as otherwise provided, titles I, IV, X, XI, XIV, XVI, XIX, and XX of the Social Security Act, 42 USC 301, 601, 1201, 1301, 1351, 1381, 1396, 1397. and the Act of July 5, 1960 (24 U. S.C., ch. 9) $18,040,850,000, of which $56,500,000 shall be for child welfare services under part B of title IV.

For making, after June 30 of the current fiscal year, payments to States under titles I, IV, X, XIV, XVI, XIX, and XX, respectively, of the Social Security Act, 24 USC 321 et seq. 42 USC 620. for the last three months of the current fiscal year (except with respect to activities included in the appropriation for " Work incentives"); and for making after July 31 of the current fiscal year, payments for the first quarter of the succeeding fiscal year; such sums as may be necessary, the obligations incurred and the expenditures made thereunder for payments under each of such titles to be charged to the subsequent appropriations therefor for the current or succeeding fiscal year.

In the administration of titles I, IV (other than part C thereof), X, XIV, XVI, XIX, and XX, respectively, of the Social Security Act, payments to a State under any such titles for any quarter in the period beginning July 1, 1976, and ending September 30, 1977 may be made with respect to a State plan approved under such title prior to or during such period, but no such payment shall be made with respect to any plan for any quarter prior to the quarter in which a subsequently approved plan was submitted.

Such amounts as may be necessary from this appropriation shall be available for grants to States for any period in fiscal year 1976 and the period July 1, 1976 through September 30, 1976 subsequent to March 31, 1976.

WORK INCENTIVES

For carrying out a work incentives program, as authorized by part C of title IV of the Social Security Act, 42 USC 630. including registration of individuals for such program, and for related child care and other supportive services, as authorized by section 402(a)( 19)(G) of the Act, 42 USC 602. including transfer to the Secretary of Labor, as authorized by section 431 of the Act, 42 USC 631. $370,000,000, which shall be the maximum amount available for transfer to the Secretary of Labor and to which the States may become entitled pursuant to section 403(d) of such Act, 42 USC 603. for these purposes.

PROGRAM ADMINISTRATION

For expenses necessary for the administration of public assistance programs, $62,895,000.

Social Security Administration PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance, the Federal Disability Insurance, the Federal Hospital Insurance, and the Federal Supplementary Medical Insurance Trust Funds, as provided under sections 217(g), 228(g), 229(b), and 1844 of the Social Security Act, 42 USC 417, 428, 429, 1395w. and sections 103(c) and 111(d) of the Social Security Amendments of 1965, 42 USC 426a, 1395i - 1. $6,713,902,000.

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Coal Mine Health and Safety Act of 1969, 30 USC 901. as amended, including the payment of travel expenses either on an actual cost or commuted basis, to an individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands, to reconsideration interviews and to proceedings before administrative law judges, $913,897,000: Provided, That after July 31, such amounts for benefit payments as may be necessary may be charged to the subsequent year appropriation.

Whenever the Commissioner of Social Security finds it will promote the achievement of the provisions of title IV of the Federal Coal Mine Health and Safety Act of 1969, as amended, qualified persons may be appointed to conduct hearings thereunder without meeting the requirements for administrative law judges appointed under 5 U.S.C. 3105, but such appointments shall terminate not later than March 31, 1978: Provided, That no person shall hold a hearing in any case with which he has been concerned previously in the administration of such title.

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out the Supplemental Security Income program under title XVI of the Social Security Act, 42 USC 1381. section 401 of Public Law 92 - 603, and section 212 of Plublic Law 93 - 66, 42 USC 1382e note. including payment to the social security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, 42 USC 401. $5,895,122,000: Provided, That for carrying out these activities after July 31, such sums as may be necessary shall be available, the obligations and expenditures therefor to be charged to the appropriation for the succeeding fiscal year.

LIMITATION ON SALARIES AND EXPENSES

For necessary expenses, not more than $2,561,773,000 may be expended as authorized by section 201(g)(1) of the Social Security Act, 42 USC 421 note. from any one or all of the trust funds referred to therein: Provided, That such amounts as are required shall be available to pay travel expenses either on an actual cost or commuted basis, to an individual for travel incident to medical examinations, and to parties, their representatives and all reasonably necessary witnesses for travel within the United States, Puerto Rico, and the Virgin Islands to reconsideration interviews and to proceedings before administrative law judges under titles II, XVI, and XVIII, of the Social SECURITY Act: 42 USC 401, 1381, 1395. Provided further, That $25,000,000 of the foregoing amount shall be approtioned for use pursuant to section 3679 of the Revised Statutes (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and to meet mandatory increases in costs of agnecies or organizations with which agreements have been made to participate in the administration of titles XVI and XVIII and section 221 of title II of the Social Security Act, 42 USC 1381, 1395, 421. and after maximum absorption of such costs within the remainder of the existing limitation has been achieved: Provided further, That such amounts as may be required may be expended for administration within the United States of the social insurance program of the United Kingdom, under terms of an agreement wherein similar services will be provided by the United Kingdom in that country for administration of the social insurance program of the United States.

LIMITATION ON CONSTRUCTION

For acquisition of sites, construction and equipment of facilities and for payments of principal, interest, taxes, and any other obligations under contracts entered into pursuant to the Public Buildings Purchase Contract Act of 1954 40 USC 356 note. and the Public Buildings Amendments of 1972, 40 USC 603 note. $14,400,000, to be expended as authorized by section 201(g)(1) of the Social Security Act, 42 USC 401. from any one or all of the trust funds referred to therein, and to remain available until expended.

Special Institutions AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101 - 105), $3,012,000.

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For carrying out the National TECHNICAL INSTITUTE for the Deaf Act (20 U.S.C. 681, et seq.), $12,675,000.

GALLAUDET COLLEGE

For carrying out the Model Secondary School for the Deaf Act (80 Stat. 1027) D.C. Code 31 - 1051 note. and for the partial support of Gallaudet College authorized by the Act of June 18, 1954 (68 Stat. 265), D.C. Code 31 - 1025 note. $40,840,000 of which $15,575,000 shall be for construction and shall remain available until expended: Provided, That if requested by the college, such construction shall be supervised by the General Services Administration.

HOWARD UNIVERSITY

For the partial support of Howard University, $82,409,000, of which $2,500,000 shall be for construction and shall remain available until expended: Provided, That if requested by the university, such construction shall be supervised by the General Services Administration.

Assistant Security for Human Development HUMAN DEVELOPMENT

For carrying out, except as otherwise provided, section 426 of the Social Security Act, 42 USC 626. the Act of April 9, 1912 (42 U.S.C. 191), the Older Americans Act of 1965, as amended, 42 USC 3001 note. the Child Abuse Prevention and Treatment Act, 42 USC 5101 note; 42 USC 5601 note. the Runaway Youth Act, 42 USC 2701 note. the Community Services Act of 1974, 29 USC 816, 817, 875. sections 106, 107 and 306 of the Comprehensive Employment and Training Act of 1973, 29 USC 701 note; 22 USC 2101 note. the Rehabilitation Act of 1973, as amended, 42 USC 2661 note. the International Health Research Act of 1960, the Developmental Disabilities Services and Facilities Construction Act, as amended, 29 USC 701 note. and the White House Conference on Handicapped Individuals Act, 29 USC 730. $1,896,023,000, of which $740,000,000 shall be for activities under section 110(a) of the Rehabilitation Act of 1973; $309,000 shall be for section 110(b) of such Act; and $30,058,000 shall be for grants under part C of the Development Disabilities Services and Facilities Construction Act, as amended, together with not to exceed $600,000 to be transferred from the Federal Disability Insurance Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund as provided by section 201(g)(1) of the Social Security Act: 42 USC 401. Provided further, That the level of operations for the nutrition services for the elderly program shall be $225,000,000 per annum.

Departmental Management OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights $29,685,000, together with not to exceed $919,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.

GENERAL DEPARTMENTAL MANAGEMENT

For expenses not otherwise provided, necessary for general departmental management, including hire of six medium sedans, $89,511,000 together with not to exceed $12,872,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from any one or all of the trust funds referred to therein.

POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research studies under section 232 of the Community Services Act of 1974 42 USC 2825. and section 1110 of the Social Security Act, 42 USC 1310. $20,000,000.

General Provisions

Sec. 201. None of the funds appropriated by this title to the Social and Rehabilitation Service for grants-in-aid of State agencies to cover, in whole or in part, the cost of operation of said agencies, including the salaries and expenses of officers and employees of said agencies, shall be withheld from the said agencies of any States which have established by legislative enactment and have in operation a merit system and classification and compensation plan covering the selection, tenure in office, and compensation of their employees, because of any disapproval of their personnel or the manner of their selection by the agencies of the said States, or the rates of pay of said officers or employees.

Sec. 202. Funds appropriated in this Act to the American Printing House for the Blind, Howard University, the National Technical Institute for the Deaf, and Gallaudet College shall be awarded to these institutions in the form of lump-sum grants and expenditures made therefrom shall be subject to audit by the Secretary of Health, Education, and Welfare.

Sec. 203. None of the funds provided herein shall be used to pay any recipient of a grant for the conduct of a research project an amount equal to as much as the entire cost of such project.

Sec. 204. None of the funds contained in this title shall be available for additional permanent positions in the Washington area if the total authorized positions in the Washington area is allowed to exceed the proportion existing at the close of fiscal year 1966.

Sec. 205. Appropriations in this Act for the Health Services Adiministration, the National Institutes of Health, the Center for Disease Control, the Alcohol, Drug Abuse, and Mental Health Administration, the Health Resources Administraiton and Departmental Management shall be available for expenses for active commissioned officers in the Public Health Service Reserve Corps and for not to exceed two thousand eight hundred commissioned officers in the Regular Corps; expenses incident to the dissemination of health information in foreign countries through exhibits and other appropriate means; advances of funds for compensation, travel, and subsistence expenses (or per diem in lieu thereof) for persons coming from abroad to participate in health or scientific activities of the Department pursuant to law; expenses of primary and secondary schooling of dependents in foreign countries, of Public Health Service commissioned officers stationed in foreign countries, at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transportation of such dependents between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; rental or lease of living quarters (for periods not exceeding 5 years), and provision of heat, fuel, and light, and maintenance, improvement, and repair of such quarters, and advance payments therefor, for civilian officers, and employees of the Public Health Service who are United States citizens and who have a permanent station in a foreign country; purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants or individual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(g) of the Public Health Service Act, 42 USC 209. at rates established by the Assistant Secretary for Health, or the Secretary where such action is required by statute, not to exceed the per diem rate equivalent to the rate for GS - 18; 5 USC 5332 note. not to exceed $9,500 for official reception and representation expenses related to any health agency of the Department when specifically approved by the Assistant Secretary for Health.

Sec. 206. No part of the funds contained in this title may be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, 42 USC 2000c. Public Law 88 - 352, to take any action to force the busing of students; to force on account of race, creed, or color the abolishment of any school so desegragated; or to force the transfer or assignment of any student attending any elementary or secondary school so desegregated to or from a particular school over the protest of his or her parents or parent.

Sec. 207. (a) No part of the funds contained in this title shall be used to force any school or school district which is desegregated as that term is defined in title IV of the Civil Rights Act of 1964, Public Law 88 - 352, to take any action to force the busing of students; to require the abolishment of any school so desegregated; or to force on account of race, creed, or color the transfer of students to or from a particular school so desegregated as a condition precedent to obtaining Federal funds otherwise available to any State, school district, or school.

(b) No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system.

Sec. 208. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student's home, and which offers the courses of study pursued by such student, in order to comply with title VI of the Civil Rights Act of 1964. 42 USC 2000d.

Sec. 209. None of the funds contained in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term.

TITLE III-- RELATED AGENCIES Action OPERATING EXPENSES, DOMESTIC PROGRAMS

For expenses necessary for Action to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended, 42 USC 4951 note. $408,200,000.

Community Services Administration COMMUNITY SERVICES PROGRAM

For expenses of the Community Services Administration, $511,170,000.

Corporation for Plublic Broadcasting PUBLIC BROADCASTING FUND

For payment to the Corporation for Public Broadcasting, as authorized by the Public broadcasting Financing Act of 1975, 47 USC 396 note. an amount which shall be available within limitations specified by said Act, for the fiscal year 1977, $103,000,000; for the fiscal year 1978, $107,150,000; and for the fiscal year 1979, $120,200,000: Provided, That no funds made available to the Corporation for Public Broadcasting by this Act shall be used to pay for receptions, parties and similar forms of entertainment for government officials or employees: Provided further, That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity excluding from participation in, denying the benefits of, or discriminating against any person in the United States, on the basis or race, color, national origin, religion, or sex.

Federal Mediation AND Conciliation Service

For expenses to carry out the functions vested in it by the Labor-Management Relations Act, 1947 (29 U.S.C. 171 - 180, 182), including expenses of the Labor-Management Panel and boards of inquiry appointed by the President; hire of passenger motor vehicles; and rental of conference rooms in the District of Columbia; and for expenses necessary pursuant to Public Law 93 - 360 for mandatory meditation in health care industry negotiation disputes, and for convening factfinding boards of inquiry appointed by the Director in the health care industry $20,328,000.

National Commission on Libraries and Information Science SALARIES AND EXPENSES

For necessary expenses of the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 (Public Law 91 - 345), 20 USC 1501 note. $492,575.

National Labor Relations Board SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141 - 167), and other laws, $77,776,000: Provided, That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 1947, as amended, and as defined in section 3(f) of the Act of June 25, 1938 (29 U.s.c. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 per centum of the water stored or supplied thereby is used for farming purposes.

National Mediation Board SALARIES AND EXPENSES

For expenses necessary for carrying out the provisions of the Railway Labor Act, as amended (45 U.S.C. 151 - 188), including emergency boards appointed by the President, $3,606,000.

Occupational Safety and Health Review Commission SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health Review Commission, $6,280,000.

Railroad Retirement Board PAYMENTS TO RAILROAD RETIREMENT TRUST FUND

For payment to the Rairoad Retirement Account, as provided under sections 15(b) and 15(d) of the Railroad Retirement Act of 1974, 45 USC 231n. $250,000,000.

REGIONAL RAIL TRANSPORTATION PROTECTIVE ACCOUNT

For payment of benefits under section 509 of the Regional Rail Reorganization Act of 1973, 45 USC 779. to remain available until expended, including not to exceed $100,000 for payment to the Railroad Retirement Board for administrative expenses, $40,000,000.

LIMITATION ON SALARIES AND EXPENSES

For expenses necessary for the Railroad Retirement Board, $33,723,000, to be derived from the railroad retirement accounts: Provided, That $500,000 of the foregoing amount shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to process workloads not anticipated in the budget estimates and after maximum absorption of the costs of such workloads within the remainder of the foregoing limitation has been achieved: Provided further, That notwithstanding any other provision in law, no portion of this limitation shall be available for payments of standard level user charges pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j); 45 U.S.C. 228a - r).

Soldiers' and Airmen's Home OPERATION AND MAINTENANCE

For maintenance and operation of the United States Soldiers' and Airmen's Home, to be paid from the Soldiers' and Airmen's Home permanent fund, $15,373,000: Provided, That this appropriation shall not be available for the payment of hospitalization of members of the Home in United States Army hospitals at rates in excess of those prescribed by the Secretary of the Army upon recommendation of the Board of Commissioners of the Home and the Surgeon General of the Army.

TITLE IV-- GENERAL PROVISIONS

Sec. 401. Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS - 18. 5 USC 5332

Sec. 402. Appropriations contained in this Act available for salaries and expenses shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901 - 5902).

Sec. 403. Appropriations contained in this Act available for salaries and expenses shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities.

Sec. 404. No part of the funds appropriated under this Act shall be used to provide a loan, guarantee of a loan, a grant, the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at, or doing research at an institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force or the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials, or students in such institution from engaging in their duties or pursuing their studies at such institution.

Sec. 405. The Secretary of Labor and the Secretary of Health, Education, and Welfare are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balances are used for the same purpose, and for the same periods of time, for which they were originally appropriated.

Sec. 406. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 407. No part of any appropriation contained in this Act shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself.

Sec. 408. The Secretary of Labor and the Secretary of Health, Education, and Welfare are each authorized to made available not to exceed $7,500 from funds available for salaries and expenses under titles I and II, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $2,500 from funds available for " Salaries and expenses, Federal Mediation and Conciliation Service".

Sec. 409. None of the funds appropriated by this Act shall be used to pay for any research program or project or any program, project, or course which is of an experimental nature, or any other activity involving human participants, which is determined by the Secretary or a court of competent jurisdiction to present a danger to the physical, mental, or emotional well-being of a participant or subject of such program, project, or course, without the written, informed consent of each participant or subject, or his parents or legal guardian, if such participant or subject is under eighteen years of age. The Secretary shall adopt appropriate regulations respecting this section.

This Act may be cited as the " Departments of Labor and Health, Education, and Welfare Appropriation Act, 1977".

Carl Albert

Speaker of the House of

Representatives.

Lee Metcalf

Acting President of the Senate

pro Tempore.

IN THE HOUSE OF REPRESENTATIVES, U.S.,

September 30, 1976.

The House of Representatives having proceeded to reconsider the bill (H.R. 14232) entitled " An Act making appropriations for the Departments of Labor, and