PUBLIC LAW 94-468, 90 STAT. 2002
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
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--,
"(4) ' Internationally protected person' means--,
"(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:
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. 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--,
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--,
"(2) refuses to depart from such portion of such building or
premises after a request--,
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
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".
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.
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.
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.
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.
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.
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.
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.
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.
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
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:
" 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:
" 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
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--,
"(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:
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:
" 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.
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. //
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.
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.
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.
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.
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.
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.
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.
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".
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".
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).".
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".
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--,
"(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--,
"(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--,
"(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--,
"(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--,
"(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--,
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."
// 20 USC 956 note. //
shall be effective with
respect to fiscal year 1977 and succeeding fiscal
years.
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.".
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.
Sec. 201. This title may be cited as the " Museum Services Act".--,
// 20 USC 961 note. //
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.
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.
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--,
(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.
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.
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.
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.
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".
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.
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.
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--,
(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--,
"(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. //
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.".
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.".
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.
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:
" 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:
"(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--,
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--,
" 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. (a) This Act may be cited as the " Health 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. //
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.
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--,
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--,
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. //
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--,
subparagraph (F) the
following:
(3) by striking out "or podiatrist" each place it occurs and
substituting "podiatrist, or other health care personnel".
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.".
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.".
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".
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--,
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--,
(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--,
(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.".
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".
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--,
// 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
// 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.";
penalty may be assessed by the Secretary and collected
in a civil action brought by the United States in a
United States district court.
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.
(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.
// 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.
(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)).".
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.".
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).".
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".
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."
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--".,
Sec. 166. Title XIII is amended byadding after section 1315 the
following new section:
" 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.
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".
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.
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--,
"(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--,
"(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:
(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.
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--,
// 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);
// 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
"(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--,
"(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--,
// 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
// 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
// 40 USC app. 1. //
and,
"(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).".
// 42 USC 1396b note. //
shall apply with
// 42 USC 1396. //
to
States for services provided--,
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".
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".
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".
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
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
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:
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:
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.
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:
arrest authority
relative to national military parks, is hereby
repealed;
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';
amended, relating
to certain arrest authority relative to the Lake Mead
National
Recreation Area, is hereby repealed.
performance of such duties, the
officers or employees, so
designated, may--,
// 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.
" 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:
" 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:
"(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
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.
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
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
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
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:
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:
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:
// 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
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
This Act may be cited as the " Bank Holding Company Tax Act of 1976".
// 26 USC 1101 note. //
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:
Company Act.
// 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.
// 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.
// 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.
(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:
// 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:
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
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:
institution
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
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
October 1, 1976
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
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
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:
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.
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.
For an additional amount for necessary expenses in the Office of
Revenue Sharing, $1,633,000, to remain available until September 30,
1977.
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.
For an additional amount for fiscal year 1977 for abatement and
control activities, $800,000, to remain available until September 30,
1978.
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
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:
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).
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.
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, $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, 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, 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, $17,674,400 of which $208,200 shall be payable from the
revenue sharng trust fund.
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, 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.
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.
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.
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.
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.
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.
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".
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
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
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:
" 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:
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.
" 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.
" 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:
" 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.
" 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.
"sec. 222. // 26 USC 3304 note. // There are hereby authorized to
be appropriated for purposes of this part such sums as may be necessary.
" 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:
(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:
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
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
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
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:
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:
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: 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: 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.
For "operating Expenses of the Agency for International Development",
$192,000,000.
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: 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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:
2 USC 60a note.
For compensation and mileage of the Vice President and Senators of
the United States, $5,052,630.
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:
For clerical assistance to the Vice President, $615,015.
For offices of the Majority and Minority Leaders, $251,540.
For offices of the Majority and Minority Whips, $195,260.
For office of the Chaplain, $31,800.
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.
For professional and clerical assistance to standing committees and
the Select Committee on Small Business, $9,660,685
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.
For administrative and clerical assistants to Senators, $48,190,355.
For legislative assistance to Senators, $5,500,000.
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.
For offices of the Secretary for the Majority and the Secretary for
the Minority, $311,645.
For agency contributions for employee benefits and longevity
compensation, as authorized by law, $5,500,000.
For salaries and expenses of the office of the Legislative Counsel of
the Senate, $629,700.
For salaries and expenses of the Majority Policy Committee and the
Minority Policy Committee, $422,855 for each such committee; in all,
$845,710.
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.
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.
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.
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.
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.
For stationery for the President of the Senate, $4,500, and for
committees and officers of the Senate, $27,150; in all, $31,650.
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.
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.
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.
For mileage of Members, as authorized by law, $210,000.
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.
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.
For professional and clerical employees of standing committees,
including the Committee on Appropriations and the Committee on the
Budget, $21,805,000.
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.
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.
For salaries and expenses of the Office of the Legislative Counsel of
the House, $1,293,000.
For staff employed by each Member in the discharge of his official
and representative duties, $96,566,000.
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.
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.
For salaries and expenses of special and select committees authorized
by the House, $23,993,000.
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.
For joint committees, as follows:
For salaries and expenses of the Joint Economic Committee $1,423,475.
For salaries and expenses of the Joint Committee on Atomic Energy,
$663,600.
For salaries and expenses of the Joint Committee on Printing,
$478,325.
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.
For salaries and expenses of the Joint Committee on Internal Revenue
Taxation, $1,636,000.
For salaries and expenses of the Joint Committee on Defense
Production, $168,000.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
For maintenance, repairs, alterations, personal and other services,
and all other necessary expenses, $139,500.
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.
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.
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.
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.
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.
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.
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.
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.
For necessary expenses of the National Commission on New
Technological Uses of Copyrighted Works, $559,500.
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.
For necessary expenses for the preparation and distribution of
catalog cards and other publications of the Library, $11,993,000.
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.
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.
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.
(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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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
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:
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.
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.).
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).
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.
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.
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.
For necessary expenses for the LABOR- MANAGEMENT Services
Administation, $48,319,000.
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.
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.
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.
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.
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.
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.
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.
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".
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
To carry out, except as otherwise provided, title IV of the Public
Health Service Act with respect to aging, $30,000,000.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
For expenses necessary for the Office of the Assistant Secretary for
Health, $22,316,000.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
For expenses necessary for the administration of public assistance
programs, $62,895,000.
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.
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.
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.
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.
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.
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
- 105), $3,012,000.
For carrying out the National TECHNICAL INSTITUTE for the Deaf Act
(20 U.S.C. 681, et seq.), $12,675,000.
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.
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.
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.
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.
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.
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.
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.
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.
For expenses of the Community Services Administration, $511,170,000.
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.
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.
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.
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.
For expenses necessary for the Occupational Safety and Health Review
Commission, $6,280,000.
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.
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.
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).
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.
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.
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
"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
established for educational, scientific, or
therapeutic purposes.. Free No change On or before