PUBLIC LAW 94-354, 90 STAT. 888

94th Congress, H.R. 13069 July 12, 1976
An Act To extend and increade the authorization for making loans to the unemployment fund of the Virgin Islands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection (d) of section 301 of the Emergency Compensation and Special Unemployment Assistance Extension Act of 1975, // 26 USC 3304 note. // is amended--

(1) by striking out " June 30, 1976" and inserting in lieu thereof " September 30, 1977" and

(2) by striking out "$5,000,000 and inserting in lieu thereof "$15,000,000".

(b) Subsection (c) of such section 301 is amended by striking out " January 1, 1978" each place it appears and inserting in lieu thereof

"15,000,000".

(b) Subsection (c) of such section 301 is amended by striking out " January 1, 1978" each place it appears and inserting in lieu thereof " January 1,1979".

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1018 (Comm. on Ways and Means).

SENATE REPORT No. 94 - 819 (Comm. on Finance).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 13, considered and passed House.

June 16, considered and passed Senate, amended.

July 1, Senate receded from its amendments.

PUBLIC LAW 94-353, 90 STAT. 871 AIRPORT AND AIRWAY DEVELOPMENT ACT AMENDMENTS OF 1976.

94th Congress, H.R. 9771 July 12, 1976
An Act To amend the Airport and Airway Development Act of 1970.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " Airport and Airway Development Act Amendments of 1976".

TITLE I--AIRPORT AND AIRWAY DEVELOPMENT ACT AMENDMENTS DECLARATION OF POLICY

Sec. 2. Section 2 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1701) is amended by striking out "june 30, 1980," the first place it appears and inserting in lieu thereof " September 30 1980," and by striking out everything after "$250,000,000.".

DEFINITIONS

Sec. 3. (a) Section 11 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1711) is amended as follows:

(1) Paragraph (2) is amended by--,

(A) striking out "and (B)" and inserting in lieu thereof "and including snow removal equipment, and including the purchase of noise suppressing equipment, the construction of physical barriers, and landscaping for the purpose of diminishing the effect of aircraft noise on any area adjacent to a public airport, (B)"; and

(B) striking out the period at the end thereof and inserting in lieu thereof", and (C) any acquistion of land or of any interest therein necessary to insure that such land is used only for purposes which are compatible with the noise levels of the operation of a public airport.".

(2) Paragraph (4) is amended by adding after "feasibility studies," the following: "including the potential use and development of land surrounding an actual or potential airport site,"

(3) Before paragraph (1), add the following new paragraph:

"(1) ' Air carrier airport' means an existing public airport regularly served, or a new public airport which the Secretary determines will be regularly served, by an air carrier certificated by the Civil Aeronautics Board under section 401 of the Federal Aviation Act of 1958

// 49 USC 1371. //

(other than a supplemental air carrier), and a commuter service airport.".

(4) After paragraph (5), add the following new paragraphs: "(6) ' Commuter service airport' means an air carrier airport which is not served by an air carrier certificated under section 401 of the Federal Aviation Act of 1958 and which is regularly served by one or more air carriers operating under exemption granted by the Civil Aeronautics Board from section 401(a) of the Federal Aviation Act of 1958 at which not less than two thousand five hundred passengers were enplaned in the aggregate by all such air carriers from such airport during the preceding calendar year.

"(7) ' General aviation airport' means a public airport which is not an air carrier airport.".

(5) After paragraph (12), add the following new paragraph: "(13) ' Reliever airport' means a general aviation airport designated by the Secretary as having the primary function of relieving congestion at an air carrier airport by diverting from such airport general aviation traffic.".

(b) Section 11 of the Airport and Airway Developoment Act of 1970 // 49 USC 1711. // ia mwnsws by ewnumbering the paragraphs of such section as paragraphs (1) through (21), respectively, and renumbering all references to such paragraphs accordingly.

REVISED NATIONAL AIRPORT SYSTEM PLAN

Sec. 4. Section 12 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1712) is amended by adding at the end thereof the following new subsection:

"(i) Revised System Plan.--No later than January 1, 1978, the Secretary shall consult with the Civil Aeronautics Board and with each State and airport sponsor, and, in accordance with this section, prepare and publish a revised national airport system plan for the development of public airports in the United States. Estimated costs contained in such revised plan shall be sufficiently accurate so as to be capable of being used for future year apportionments. In addition to the information required by subsection (a), the revised plan shall include an identification of the levels of public service and the uses made of each public airport in the plan, and the projected airport development which the Secretary deems necessary to fulfill the levels of service and use of such airports during the succeeding ten- year period.".

PLANNING GRANTS

Sec. 5. Section 13(b) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1713) is amended as follows:

(1) The side heading is amended by striking out " Apportionment" and inserting in lieu thereof " Limitation".

(2) Paragraph (1) is amended by striking out "$75,000,000 and" and inserting in lieu thereof "$150,000,000,".

(3) Paragraph (2) is amended to read as follows:

"(2) The United States share of any airport master planning grant under this section shall be that per centum for which a project for airport developm,ent at the airport would be eligible under section 17 of this Act. In the case of any airport system planning grant under this section, the United States share shall be 75 per centum.".

(4) Paragraph (3) is amended by striking out "7.5" and inserting in lieu thereof "10".

AIRPORT AND AIRWAY DEVELOPMENT PROGRAM

Sec. 6. (a) Section 14(a) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1714) is amended by adding at the end thereof the following new paragraphs:

"(3) For the puirpose of developing air carrier airports in the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands, $435,000,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, $440,000,000 for fiscal year 1977, $465,000,000 for fiscal year 1978, $495,000,000 for fiscal year 1979, and $525,000,000 for fiscal year 1980.

"(4) For the purpose of developing general aviation airports in the several States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trusrt Territi.ory of the Pacific Islands, and the Virgin Islands, $65,000,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, $70,000,000 for fiscal year 1977, $75,000,000 for fiscal year 1978, $80,000,000 for fiscal year 1979,and $85,000,000 for fiscal year 1980.".

(b) (1) Section 14(b) of such Act // 49 USC 1714. // is amended--,

(A) by inserting "(1)" immediately before the first sentence; and

(B) in the second, third, and fourth sentences, by striking out "subsection" and inserting in lieu thereof "paragraph".

(2) Section 14(b) of such Act is further amended by adding at the end thereof the following new paragraph:

"(2) The Secretary is authorized to incur obligations to make grants for airport development from funds made available under paragraphs (3) and (4) of subsection (a) of this section, and such authority shall exist with respect to funds available for the making of grants for any fiscal year or part thereof pursuant to subsection (a) immediately after such funds are apportioned pursuant to section 15(a) of this title. No obligation shall be incurred under this paragraph after September 30, 1980. The Secretary shall not incur more than one obligation under this paragraph with respect to any single project for airport development. Notwithstanding any other provision of this title, no part of any of the funds authorized, or authorized to be obligated, for fiscal year 1980 at the discretion of the Secretary under paragraphs (3)(B) and (4)(C) of section 15(a), and no part of the discretionary funds for reliever airports under such paragraph (4), shall be obligated or otherwise expended except in accordance with a statute enacted after the date of enactment of this sentence.".

(c) Section 14(c) of such Act is amended by striking out the period at the end thereof and by inserting in lieu thereof a comma and the following: "not less than $312,500,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and not less than $250,000,000 per fiscal year for the fiscal years 1977 through 1980.".

(d) Section 14(e) of such Act is redesignated as section 14(f) and the following is inserted in section 14 as a new subsection (e):

"(e) Other Expenses.--The balance of the moneys available in the Airport and Airway Trust Fund may be appropriated for (1) costs of services provided under international agreements relating to the joint financing of air navigation services which are assessed agaonst the United States Government, and (2) direst costs incurred by the Secretary to flight check and maintain air navigaiton facilities referred to in subsection (c) of this section in a safe and efficient condition. Eligible maintenance expenses are limited to costs incurred in the field and exclude the costs of engineering support and planning, direction, and evaluation activities. The amounts appropriated form the Airport and Airway Trust Fund for the purposes of clauses (1) and (2) may not exceed $250,000,000 for fiscal year 1977, 75,000,000 for fiscal year 1978, $300,000,000 for fiscal year 1979, and $325,000,000 for fiscal year 1980. The amounts appropriated in any fiscal year under this subsection may not exceed, when added to the minimum amounts authorized for that year under subsections (a), (c), and (d) of this section, the amounts transferred to the Airport and Airway Trust Fund for that year under subsection 208( b) of the Airport and Airway Revenue Act of 1970.

// 49 USC 1742. //

No part of the amount appropriated from the Airport and Airway Trust Fund in any fiscal year for obligation or expenditure under clause (2) of this subsection shall be obligated or expended which exceed that amount which bears the same ratio to the maximum amount which may be appropriated under clauses (1) and (2) of this subsection for such fiscal year as the total amount obligated in that fiscal year under paragraphs (3) and (4) of subsection (a) of this section bears to the aggregate of the minimum amount made available for obligation under each such paragraph for such fiscal year.".

(e) Paragraph (1) of subsection (f) (as redesignated by this

section)

of section 14 of the Airport and Airway Development Act of 1970 // 49 USC 1714. // is amended by striking out "subsections (c) and (d) of this section,

as amended" and by inserting in lieu thereof "this section".

(f) Paragraph (2) of subsection (f) (as redesignated by this section,) of section 14 of the Airport and Airway Development Act of 1970 is amended by striking out "subsections (a) and (c)" and inserting in lieu thereof "subsections (a), (c), (d) and the third sentence of subsection (e)".

(g) Paragraph (3) of subsection (f) (as redesignated by this section) of section 14 of the Airport and Airway Development Act of 1970 is amended by striking out "subsection (d)." and inserting subsection (e).".

DISTRIBUTION OF FUNDS

Sec. 7. (a) Section 15(a) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1715) is amended by renumbering paragraphs (3) and (4) as (5) and (6), respectively, and by inserting immediately following paragraph (2) the following new paragraphs:

"(3) As soon as possible after the date of enactment of this paragraph for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and on the first day of each fiscal year which begins on or after October 1, 1976, for which any amount is authorized to be obligated for the purposes of paragraph (3) of section 14 (a) of this part, the amount made available for athat year shall be apportioned by the Secretary as follows:

"(A) To each sponsor of an air carrier airport (other than a commuter service ariport) as follows:

"(i) $6.00 for each of the first fifty thousand passengers enplaned at that airport. "(ii) $4.00 for each of the next fifty thousand passengers enplaned at that airport. "(iii) $2.00 for each of the next four hundred thousand passengers enplaned at athat airport. "(iv) $0.50 for each passenger enplaned at that airport over five hundred thousand.

No air carrier airport (other than a commuter service airport)--,

"(I) served by air carrier aircraft heavier than 12,500 pounds maximum certificated gross takeoff weight, or previously served, on or after September 30, 1968, by air carrier aircraft heavier than 12,500 pounds maximum certificated gross takeoff weight and presently served by air carrier aircraft 12,500 pounds or less maximum certificated gross takeoff weight, shall receive under this subparagraph less than $187,500 or more than $12,500,000 for fiscal year 1976, including the period July 1, 1976 through September 30, 1976, and less than $150,000 or more than $10,000,000 per fiscal year for fiscal years 1977 through 1980; and "(Ii) served by air carrier aircraft 12,500 pounds of less maximum certificated gross takeoff weight which, since September 29, 1968, has never been regularly served by air carrier aircraft heavier than 12,500 pounds maximum certificated gross takeoff weight shall receive under this subparagraph less than $62,500 or more than $12,500,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and less than $50,000 or more than $10,000,000 per fiscal year for fiscal years 1977 through 1980. In no event shall the

total amount of all apportionments under this

subparagraph (A) for any fiscal year exceed two-thirds

of the amount authorized to be obligated for the

purposes of paragraph (3) of section 14(a) of this part

for such fiscal year. In any case in which an

apportionment

would be

reduced by the preceding sentence, the Secretary shall

for

such fiscal year redcuce the apportionment to each

sponsor of

an air carrier airport proportionately so that such

two-thirds

amount is achieved.

"(B) Any amount not apportioned under subparagraph (A) of this paragraph shall be distributed at the descretion of the Secretary as follows:

"(i) $18,750,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and $15,000,000 per fiscal year for rthe fiscal years 1977 through 1980, to commuter service airports. "(ii) The remainder of such amount to air carrier airports

"(4) As soon as possible after the date of enactment of this paragraph for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and on the first day of each fiscal year which begins on or after October 1, 1976, for which any amount is authorized to be obligated for the purposes of paragraph (4) of section 14 (a) of this part, the amount made available minus $18,750,000 in the case of fiscal year 1976, including such period, and minus $15,000,000 in the case of each of the fiscal years 1977 through 1980, shall be apportioned by the Secretary as follows:

"(A) 75 per centum for the several States, one-half in the proportion which the population of each State bears to the total population of all the States, and one-half in the proportion which the area of each State bears to the total area of all the States. "(B) 1 per centum for the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands to be distributed at the descretion of the Secretary. "(C) 24 per centum to be distributed at the discretion of the Secretary to bgeneral aviation airports.

$18,750,000 of the amount made available for fiscal year 1976, including such period, and $15,000,000 of the amount made available for each of the other fiscal years shall be distributed at the discretion of the Secretary to reliever airports.".

(b) Paragraph (5) of such section 15(a) (as renumbered by this section is amended by inserting after "(2)(A)" the following "or (4) (A)", by inserting after "(1) (B)" the following "or (3) (A)", and by adding at the end thereof the following new sentence: " For purposes of this paragraph funds apportioned pursuant to this section for fiscal year 1976, shall be available for obligation for the same period of time as if such funds were apportioned for fiscal year 1976 exclusive of such period.".

(c) Section 15(b) (2) of the Airport and Airway Development Act of 1970 is amended by striking out "(3)" and inserting in lieu thereof "(5)".

(d) The first sectence of subsection (c) of section 15 of the Airpeort and Airway Development Act of 1970 is amended to read as follows: " The Secretary shall inform each air carrier airport sponsor and the Governor of each State, or the chief executive officer of the equivalent jurisdiction, as the case may be, on April 1 of each year of the estimated amount of the apportionment to be made on October 1 of that year.".

(e) In making the apportionment for fiscal year 1976, including the period July 1,1976, through September 30, 1976, under section 15(a) (3) (A) of the Airpeort and Airway Development Act of 1970, the Secretary of Transportation shall increase the number of enplanements at each airport by 25 percent.

PROJECT APPROVAL

Sec. 8. (a) The first sectence of subsection (a) of section 16 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1716) is amended by inserting after "project application" the following "for one or more projects". The second sentence of subsection (a) of section 16 of the Airport and Airway Development Act of 1970 is amended by striking out " No" and inserting in lieu thereof " Until July 1, 1975, no". Such section 16(a) is further amended by adding at the end thereof the following new sentences: " After June 30, 1975, no project application shall propose airport development except in connection with the following airports included in the current revision of the national airport system plan formulated by the Secretary under section 12 of this Act: (1) air carrier airportsm, (2) commuter service airports, (3) reliever airports, and (4) general aviation airports (A) which are regularly served by aircraft transporting United States mail, or (B) which are regularly used by aircraft of a unit of the Air National Guard or of a Reserve component of the Armed Forces of the United States, or (C) which the Secretary determines have a significant national interest. Except as provided in subsection (g), all proposed development shall be in accordance with standards established by the Secretary, including standards for site location, airport layout, grading, drainage, seeding, paving, lighting, and safety of approaches.".

(b) Section 16 of the Airport and Airway Development Act of 1970 is amended by adding at athe end thereof the following new subsections:

"(g) State Standards.--

"(1) The Secretary is authorized to make grants to any State, upon application therefor, for not to exceed 75 per centum of the cost of developing standards for airport development at general aviation airports in such State, other than standards for safety of approaches. The aggregate of all grants made to any State under this paragraph shall not exceed $25,000.

"(2) The Secretary is authorized to approve standards established by a State for airport development at general aviation airports in such State, other than standards for safety of approaches, and upon such approval such State standards shall be the standards applicable to such general aviation airports in lieu of any comparable standard established under subsection (a) of this section. State standards approved under this subsection may be revised, from time to time, as the State or the Secretary determines necessary, subject to approval of such revisions by the Secretary.

"(3) There is authorized to be appropriated out of the Airport and Airway Trust Fund not to exceed $1,275,000 to carry out this subsection.

"(h) The Secretary is authorized in connection with any project to accept a certification from a sponsor or a planning agency that such sponsor or agency will comply with all of the statutory and administrative requirements imposed on such sponsor or agency under this Act in connection with such project. Acceptance by the Secretary of a certification from a sponsor or agency may be rescinded by the Secretary at any time if, in his opinion, it is necessary to do so. Nothing in this subsection shall affect or discharge any responsibility or obligation of the Secretary under any other Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(f) of the Department of Transporation Act (49 U.S.C. 1652), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000b), title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq), and the Uniform Relocation Assisance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).".

(c) Section 12(a) of the Airport and Airway Development Act of 1970 // 49 USC 1712. // is amended by adding at the end thereof the following new sentence: " After June 30, 1975, the Secretary shall not include in the national airport system plan any airport which is not eligible for airport development grants under the next to the last sentence of section 16(a) of this title, except that nothing in this sentence shall require the Secretary to remove from the national airport system plan any airport in such plan on June 30, 1975.".

UNITED STATES SHARE

Sec. 9. (a) Section 177a) of the Airport and Airway Development Act of 1970 (49 U.S.C. 1717) is amended by striking out everthing after "section 16" and inserting in lieu thereof the following: "of this part--

"(1) may not exceed 50 per centum of the allowable project costs in the case of grants made from funds for fiscal years 1971, 1972, and 1973, and may not exceed 50 per centum for sponsors whose airports enplane not less than 1 per centum of the total annual passengers enplaned by air carriers certificated by the Civil Aeronautics Board, and may not exceed 75 per centum for sponsors whose airports enplane less than 1 per centum of the total annual passengers enplaned by air carriers certificated by the Civil Aeronautics Board and for sponsors of general aviation or reliever airports, in the case of grants made from funds for fiscal years 1974 and 1975; and

"(2)(A) shall be 90 per centum of the allowable project costs in the case of grants from funds for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and for fiscal years 1977 and 1978, and shall be 80 per centum of the allowable project costs in the case of grants from funds for fiscal years 1979 and 1980, (i) for each air carrier airport (other than a commuter service airport) which enplanes less than one-quarter of 1 per centum of the total annual passengers enplaned as determined for purposes of making the latest annual apportionment under section 15(a) (3) of this Act, (ii) for each commuter service airport, and (iii) for each general aviation airport; and

"(B) shall be 75 per centum of the allowable project costs in the case of all other airports.".

(b) Section 17(b) of such Act (49 U.S.C. 1717) is amended by adding at the end thereof the following new sentence: " In no event shall such United States share, as increased by this subsection, exceed the greater of (1) the percentage share determined under subsection (a) of this section, or (2) the percentage share applying on June 30, 1975, as determined under this subsection.".

(c) Section 17(c) is amended by striking out " The" and inserting in lieu thereof " For fiscal years 1971 through 1975, the".

(d) Section 17(d) of such Act is amended by striking out everything after "share" and inserting in lieu thereof "shall be the same percentage as is otherwise applicable to such project."

(e) Section 17(e) of such Act is hereby repealed.

PROJECT SPONSORSHIP

Sec. 10. (a) Section 18 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1718) is amended by inserting "(a) Sponsorship.--" immediately before " As a condition precedent", by striking out "section." at the end of such sectgion and inserting in lieu thereof "subsection.", and by adding at the end thereof the following new subsection:

"(b) Consultation.--In making a decision to undertake any project under this title, any sponsor of an air carrier airport shall consult with air carriers using the airport at which such airport development project is proposed and any sponsor of a general aviation airport shall consult with fixed-base operatiors using the airport at which such airport development project is proposed.".

(b) Paragraph (8) of subsection (a) of section 18 of the Airport and Airway Development Act of 1970 (as redesignated by subsection (a) of this section) is amended by striking out the semicolon and inserting in lieu thereof the following: ", except that no part of the Federal share of an airport development project for which a grant is made under this title or under the Federal Airport Act (49 U.S.C. 1101 et seq.) shall be included in the rate base in establishing fees, rates, and charges for users of that airport;"

(c) Paragraph (1) of section 18(a) of the Airport and Airway Development Act of 1970 (as redesignated by subsection (a) of this section) is amended by striking out the semicolon and inserting in lieu thereof the following: ", including the requirement that (A) each air carrier, authorized to engage directly in air transportation pursuant to section 401 or 402 of the Federal Aviation Act of 1958 // 49 USC 1371, 1372. // using such airport shall be subject to nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and nondiscriminatory and substantially comparable rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed-based operator using a general aviation airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport utilizing the same or similar facilities;".

(d) The amendment made to section 18(a) (1) (A) of the Airport and Airway Development Act of 1970 // 49 USC 1718 note. // (as amended by subsection (c) of this section) shall not require the reformation of any lease or other contract entered into by an airport before the date of enactment of this Act. The amendment made to section 18(a) (1) (B) of the Airport and Airway Development Act of 1970 (as amended by subsection (c) of this section) shall not require the reformation of any lease or other contract entered into by an airport before July 1, 1975.

MULTIYEAR PROJECTS

Sec. 11. Section 19 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1719) is amended by inserting immediately after the third sentence the following new sentence: " In any case where the Secretary approves an application for a project which will not be completed in one fiscal year, the offer shall, upon request of the sponsor, provide for the obligation of funds apportioned or to be apportioned to the sponsor pursuant to section 15(a) (3) (A) of this title for such fiscal years (including future fiscal years) as may be necessary to pay the United States share of the cost of such project.".

TERMINAL DEVELOPMENT PROJECT COSTS

Sec. 12. (a) Section 20 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1720) is amended by redesignating subsection (b) as subsection (c) and inserting immediately after subsection (a) the following new subsection:

"(b) Terminal Development.--

"(1) Notwithstanding any other provision of this title, upon certification by the sponsor of any air carrier airport that such airport has, on the date of submittal of the project application, all the safety and security equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958,

// 49 USC 1432. //

and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft, the Secretary may approve, as allowable project costs of a project for airport development at such airport, terminal development (including multimodal terminal development) in nonrevenue producing public-use areas which are directly related to the movement of passengers and baggage in air commerce within the boundaries of the airport, including, but not limited to, vehicles for the movement of passengers between terminal facilities or between terminal facilities and aircraft.

"(2) Only sums apportioned under section 15(a) (3) (A) to the sponsor of an air carrier airport shall be obligated for project costs allowable under paragraph (1) of this subsection in connection with airport development at such airport, and no more than 60 per centum of such sums apportioned for any fiscal year shall be obligated for such costs.

"(3) Sums apportioned under section 15(a) (3) (A) to the sponsor of an air carrier airport at which terminal development was carried out on or after July 1, 1970, and before the date of enactment of this paragraph shall be available, subject to the limitations contained in paragraph (2) of this subsection, for the immediate retirement of the principal of bonds or other evidences of endebtedness the proceeds of which were used for that part of the terminal development at such airport the cost of which is allowable under paragraph (1) of this subsection subject to the following conditions:

"(A) That such sponsor submits the certification required under paragraph (1) of this subsection. "(B) That the Secretary determines that no project for airport development at such airport outside the terminal area will be deferred if such sums are used for such retirement. "(C) That no funds available for airport development under this Act shall be obligated for any project for additional terminal development at such airport for a period of three years beginning on the date any such sums are used for such retirement.

"(4) Notwithstanding section 17, the United States share of project costs allowable under paragraph (1) of this subsection shall be 50 per centum.

"(5) The Secretary shall approve project costs allowable under paragraph (1) of this subsection under such terms and conditions as may be necessary to protect the interests of the United States.".

(b) Subsection (c) of such section 20 (as relettered by this section) is amended by striking out " The" and inserting in lieu thereof the following : " Except as provided in subsection (b) of this section, the".

STATE DEMONSTRATION PROGRAMS

Sec. 13. The Airport and Airway Development Act of 1970 (49 U.S.C. 1701 et seq.) is amended by inserting immediately after section 27 the following new section:

" SEC. 28.

// 49 USC 1728. //

STATE DEMONSTRATION PROGRAMS.

"(a) Demonstration Programs.--If the Secretary determines, after review of the certification required by subsection (b) of this section, that a State is capable of managing a demonstration program for administering United States grants for general aviation airports in that State, the Secretary may make a grant for such purpose to such State of funds apportioned to it under section 15(a) (4) (A) of this Act and of any part of the discretionary funds available under section 15(a) (4) (C) of this Act. Such a grant shall be conditioned on a requirement that such State grant funds to airport sponsors in the same manner and subject to the same conditions as the Secretary imposes in making grants to such sponsors under this title.

"(b) Certification Requirements.--If a State wishes to manage a demonstration program for administering United States grants for general aviation airports, the Governor or the chief executive officer of such State shall certify to the Secretary, in the form and manner prescribed by the Secretary, that--,

"(1) the State complies with all eligibility requirements and criteria established by this section and by the Secretary; "(2) such State's participation in the demonstration progarm has been specifically authorized by an action of such State's legislature duly taken after the date of enactment of this section, or if such State's legislature is no in regular session on such date and will not meet again in regular session before January 1, 1977, such participation has been authorized by such State's Governor or chief executive officer; and "(3) such State's legislature has authorized the appropriation of State funds for the development of general aviation airports in such State during the period for which funds are sought under this section.

"(c) Restrictions.--The Secretary shall not, pursuant to this section--,

"(1) enter into demonstration projects in more than four States; "(2) allow any funds granted to States to be used to pay costs incurred by the States in administering the demonstration programs; "(3) initiate any demonstration program after January 1, 1977; and "(4) make a grant to any State after September 30, 1978.

"(d) Report.--The Secretary shall evaluate and rport to Congrfess, not later than March 31, 1978, on the results of any demonstration programs assisted under this section.".

AIR CARRIER AIRPORT DESIGNATION AND CIVIL RIGHTS

Sec. 14. The Airport and Airway Development Act of 1970 (49 U.S.C. 1701 et seq.) is amended by inserting immediately after section 28 (as added by the poreceding section of this Act) the following new sections:

" SEC. 29.

// 49 USC 1729. //

AIR CARRIER AIRPORT DESIGNATION.

" Notwithstanding any other provision of this title, in the case of any public airport at which (A) an air carrier was or is certificated by the Civil Aeronautics Board under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) to serve a city served through such airport, and (B) either (i) service to such city by every such certificated air carrier has been suspended as authorized by the Civil Aeronautics Board, or (ii) authority to serve such city has been deleted from the certificates of every such air carrier by the Civil Aeronautics Board after the date of enactment of this section, and (C) such airport is served by an intrastate air carrier operating in intrastate air transportation within the meaning of sections 101(22) and 101(23) of the Federal Aviation Act of 1958 (49 U.S.C. 1301), such airport shall be deemed to be an air carrier airport (other than a commuter service airport) for the purposes of this title.

" SEC. 30.

// 49 USC 1730. //

CIVIL RIGHTS.

" The Secretary shall take affirmative action to assure that no person shall, on the grounds or race, creed, color, national origin, or sex, be excluded from participating in any activity conducted with funds received from any grant made under this title. The Secretary shall promulgate such rules as he deems necessary to carry out the purposes of this section and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under title VI of the Civil Rights Act of 1964.

// 42 USC 200d. //

The provisions of this section shall be considered to be in addition to and not in lieu of the provisions of title VI of the Civil Rights Act of 1964.".

LIMITING CHAN.RGES FOR GOVERNMENT INSPECTION OF PERSONS AND PROPERTY

Sec. 15. (a) Section 53 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1741) is amended by adding at the end thereof the following new subsection:

"(e) The cost of any inspection or quarantine service which is required to be performed by the Federal Government or any agency thereof at airports of entry or other places of inspection as a consequence of the operation of aircraft, and which is performed during regularly established hours of service on Sundays or holidays shall be reimbursed by the owners or operators of such aircraft only to the same extent as if such service had been performed during regularly established hours of service on weekdays. Notwithstanding any other provision of law, administrative overhead costs associated with any inspection or quarantine service required to be performed by the United States Government, or any agency thereof, at airports of entry as a result of the operation of aircraft, shall not be assessed against the owners or operators thereof.".

(b) The amendment made by subsection (a) of this section shall take effect January 1, 1977.

PURCHASE REPORTS

Sec. 1l. Section 303(e) of the Federal Aviation Act of 1958 (49 U. S.C. 1344) is amended by striking out " Interstate and Foreign Commerce" and inserting in lieu thereof " Public Works and Transportation".

AIRPORT SECURITY IN ALASKA

Sec. 17. (a) The Federal Aviation Act of 1958 (49 U.S.C. 1432 et seq.) is amended by adding at the end of title III thereof the following new section:

" AIRPORT SECURITY IN ALASKA

" Sec. 317. The Administrator is authourized to exempt from the provisions of sections 315 and 316 of this Act those airports in Alaska which receive service only from air carriers operating under certificates granted by the Civil Aeronautics Board under section 401 of this Act, // 49 USC 1371. // which operate aircraft having a maximum certificated gross takeoff weight of less than 12,500 pounds, and which do not emplane any passenger, or any property intended to be carried in the aircraft cabin, which passenger or property is moving in air transportation and will not be subject to screening in accordance with such section 315 at an airport in Alaska before such passenger or property is enplaned for any point outside Alaska.".

(b) That portion of the table of contents contained in the first section of such Act which appears under the center heading

" Title III-- Organization of Agency and Powers and Duties of Administrator"

is amended by adding at the end thereof the following new sideheading:

" Sec. 317. Airport security in Alaska.".

AIR TRANSPORTATION OF PERSONS OR PROPERTY

Sec. 18. (a) Section 401 of the Federal Aviation Act of 1958 (49 U. S.C. 1371) is amended by adding at the end thereof the following new subsection:

"(o) (1) Except as provided in paragraph (2) of this subsection, transportation of persons or property by trnsport category aircraft in interstate air transportation procured by the Department of Defense, including military departments within such Department, through contracts of more than 30 days duration for airlift service within the United States, shall be provided only by carriers which (1) have aircraft in the civil reserve air fleet or offer to place aircraft in such fleet, and (2) hold certificates under this section. Applications for certification under subsection (a) of this section for the purpose of providing the service referred to in this subsection shall be acted on expeditiously by the Board.

"(2) In any case in which the Secretary of Defense determines that no air carrier certificated under subsection (a) of this section is capable of providing and willing to provide the type of service described in paragraph (1) of this subsection, he may contract with an air carrier which does not hold a certificate under this section.".

(b) That portion of the table of contents contained in the first section of such Act which appears under the side heading

" Sec. 401. Certificate of Public Convenience and Necessity." is amended by adding at the end thereof the following:

"(o) Air transportation of persons or property.". ISSUANCE OF AIRPORT OPERATING CERTIFICATES

Sec. 19. (a) Section 612 of the Federal Aviation Act of 1958 (49 U. S.C. 1432) is amended by adding at the end thereof the following new subsection:

" EXEMPTION

"(c) The Administrator may exempt any operatior of an air carrier airport enplaning annually less than one-quarter of 1 percent of the total number of passengers enplaned at all air carrier airports from the requirements imposed by subsection (b) of this section relating to firefighting and rescue equipment if he finds that such requirements are, or would be, unreasonably costly, burdensome, or impractical.".

(b) That portion of the table of contents contained in the first section of such Act which appears under the side heading

" Sec. 612. Airport operating certificates." is amended by adding at the end thereof the following:

"(c) Exemption.". AIRPORT STUDY

Sec. 20. The Secretary of Transportation shall conduct a study of airports in areas where land requirements, local taxes, or a low revenue return per acre may close such airports. This study, the results of which shall be reported to Congress by January 1, 1978, shall include the identification of those locations which may be converted to nonaviation uses and recommendations concerning methods for preserving those airports which in the Secretary's judgment should be preserved in the public interest.

CIVIL AVIATION INFORMATION DISTRIBUTION PROGRAM

Sec. 21. // 49 USC 1346a. // In furtherance of his mandate to promote civil aviation, the Secretary of Transportation acting through the Administrator of the Federal Aviation Administration shall take such action as he may deem necessary, within available resources, to establish a civil aviation information distribution program within each region of the Federal Aviation Administration. Such program shall be designed so as to provide State and local school administrators, college and university officials, and officers of civil anf other intyerested organizations, upon request, with informational materials and expertise on various aspects of civil aviation.

PROHIBITION OF FLIGHT SERVICE STATION CLOSURES

Sec. 22. For the three year period beginning on the date of enactment of this Act, // 49 USC 1348 note. // the Secretary of Transportation shall not close or operate by remote control any existing flight service station operated by the Federal Aviation Administration, except (A) for part-time operation by remote control during low-activity periods, and (B) for the purpose of demonstrating the quality and effectiveness of service at a consolidated flight service station facility, not more than five flight service stations, at the discretion of the Secretary, may be closed or operated by remote control from not more than one air route traffic control center. Nothing in this section shall preclude the physical separation of a combined flight service station and tower facility, the operation by remote control of the flight service station portion of a combined flight servide station and tower facility from another flight service station, or the relocation of an existing flight service station at another site within the same flight service area if such flight service station continues to provide the same service to airmen without interruption.

DEMONSTRATION PROJECT

Sec. 23. // 49 USC 1713 note. // (a) (1) The Secretary of Transportation is authorized to undertake demonstration projects related to ground transportation services to airports which he determines will assist the improvement of the Nation's airport and airway system, and consistent regional airport system plans funded pursuant to section 13(b) of the Airport and Airway Development Act of 1970, by improving ground access to air carrier airport terminals. He may undertake such projects independently or by grant or contract (including working agreements with other Federal departments and agencies).

(2) In determining projects to be undertaken under this subsection, the Secretary of Transportation shall give priority to those projects which (A) affect airports in areas with operating regional rapid transit systems with existing facilities within reasonable proximity to such airports, (B) include connection of the airport terminal facilities to such systems, (C) are consistent with and supportive of a regional airport system plan adopted by the planning agency for the region and submitted to the Secretary, and (D) will improve access for all persons residing or working within the region to air transport through the encouragement of an optimum balance of use of airports in the region.

(b) (1) The Secretary of Transportation is authorized to undertake a demonstration project at South Bend, Indiana, for a multimodal terminal building and facilities for the intermodal transfer of passengers and bagagge between and among the interconnecting air, rail, and highway transportation routes and facilities. He may undertake such project independently or by grant or contract (including working agreements with other Federal departments and agencies).

(2) There is authorized to be appropriated to carry out this subsection not to exceed $3,000,000.

COMPENSATION FOR REQUIRED SECURITY MEASURES IN FOREIGN AIR TRANSPORTATION

Sec. 24. // 49 USC 135a. // (a) The Secretary of Transportation shall compensate any air carrier certificated by the Civil Aeronautics Board under section 401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) which requests such compensation for that portion of the amount expended by such air carrier for security screening facilities and procedures as required by section 315(a) of such Act (49 U.S.C. 1356( a)), and any regulation issued pursuant thereto, which is attributable to the screening of passengers moving in foreign air transportation. An air carrier shall have any compensation authorized to be paid it under this section reduced by the amount (if any) by which the revenue of such carrier which is attributable to the cost of security screening facilities and procedures used in intrastate, interstate, and overseas air transportation exceeds the actual cost to such carrier of such facilities. The Secretary may issue such regulations as he deems necessary to carry out the purpose of this section.

(b) The terms used in this section which are defined in the Federal Aviation Act of 1958 // 49 USC 1301 note. // shall have the same meaning as such terms have in such Act.

(c) There is authorized to be appropriated out of the Airport and Airway Trust Fund to carry out this section not to exceed $3,750,000 for fiscal year 1976, including the period July 1, 1976, through September 30, 1976, and $3,000,000 per fiscal year for the fiscal years 1977 and 1978.

REDUCTION OF NONESSENTIAL EXPENDITURES

Sec. 25. // 49 USC 1074. // The Secretary of Transportation shall, in accordance with this section, attempt to reduce, to the maximum extent practicable consistent with the highest degree of aviation safety, the capital, operating, maintenance, and administrative costs of the national airport and airway system. The Secretary shall, at least annually, consult with and give due consideration to the views of users of such system on methods of reducing nonessential Federal expenditures for aviation. The Secretary shall give particular attention to any recommendations which could reduce, without any adverse effects on safety, future Federal manpower requirements and costs which are required to be recouped from charges on such users.

SPECIAL STUDIES

Sec. 26. // 49 USC 1702 note. // The Secretary of Transportation shall conduct studies with respect to--,

(1) the feasibility, practicability, and cost of land bank planning and development for future and existing airports, to be carried out through Federal, State, or local government action;

(2) the establishment of new major public airports in the United States, including (A) identifying potential locations, (B) evaluating such locations, and (C) investigating alternative methods of financing the land acquisition and development costs necessary for such establishment; and

(3) the feasibility, practicability, and cost of the soundproofing of schools, hospitals, and public health facilities located near airports.

The Secretary shall consult with and solicit the views of such planning agencies, airport sponsors, other public agencies, airport users, and other interested persons or groups as he deems appropriate to the conduct of such studies. The Secretary shall report to the Congress on the results of such studies, including legislative recommendations, if any, within 1 year after the date of enactment of this section.

TITLE II-- RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACTIVITIES AUTHORIZATION

Sec. 201. Subsection (d) of section 14 of the Airport and Airway Development Act of 1970 (49 U.S.C. 1714) is amended to read as follows:

"(d) Research, Development, and Demonstrations.--The Secretary is authorized to carry out under section 312(c) of the Federal Aviation Act of 1958

// 49 USC 1353. //

such demonstration projects as he determines necessary in connection with research and development, and demonstration projects and activities under such section 312(c), there is authorized to be appropriated from the Trust Fund in the amount of $109,350,000 for the fiscal year 1976, including the interim period beginning July 1, 1976, and ending September 30, 1976, $85,400,000 for the fiscal year 1977 and not less than $50,000,000 per fiscal year for fiscal years 1978 through 1980, to remain available until expended. The initial

$50,000,000 of any sums appropriated to the Trust Fund pursuant to

subsection (d) of section 208 of the Airport and Airway Revenue Act of 1970

// 49 USC 1742. //

shall be allocated to such research, development, and demonstration activities.".

TITLE III-- AIRPORT AND AIRWAY TRUST FUND

SEC. 301. AUTHORIZATION FOR EXPENDITURES FROM TRUST FUND.

(a) Amendment of 1970 Act.--(1) Subparagraph (A) of section 208(f) (1) of the Airport and Airway Revenue Act of 1970 (49 U.S.C. 1742(f) (A)) is amended to read as follows:

"(A) incurred under title I of this Act or of the Airport and Airway Development Act Amendments of 1976 (as such Acts were in effect on the date of the enactment of the Airport and Airway Development Act Amendments of 1976);".

(2) Section 208(f) of such Act (49 U.S.C. 1742(f) is amended by striking out " July 1, 1980" each time it appears and inserting in lieu thereof " October 1, 1980".

(b) Effective Date.--The amendment made by subsection (a) (1) shall apply to obligations incurred on or after the date of the enactment of this Act. The amendments made by subsection (a) (2) shall be effective on the date of enactment of this Act.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 594 (Comm. on Public Works and Transportation) and No. 94 - 1292 (Comm. of Conference).

SENATE REPORTS: No. 94 - 643 accompanying S. 3015 (Comm. of Conference).

CONGRESSIONAL RECORD:

Vol. 121 (1975): Dec. 18, considered and passed House.

Vol. 122 (1976): Mar. 25, considered and passed Senate, amended, in lieu of S. 3015.

June 23, Senate agreed to conference report.

June 30, House agreed to conference report.

PUBLIC LAW 94-352, 90 STAT. 870

94th Congress, S. 268 July 12, 1976
An Act To designate the Eagles Nest Wilderness, Arapaho and White River National Forests, in the State of Colorado.

Be it enacted by the Senate and House of Representatives of the United Staes of America in Congress assembled, That, in accordance with subsection 3(b) of the Wilderness Act (78 Stat. 891; 16 U.S.C. 1132( b)), the area classified as the Gore Range-Eagles Nest Primitive Area, with the proposed additions thereto and deletions therefrom, as generally depicted on a map entitled " Eagles Nest Wilderness --proposed", dated June 1976, which is on file and available for public inspection in the office of the Chief, Forest Service, Department of Agriculture, is hereby designated as the " Eagles Nest Wilderness" within and as part of the Arapaho and White River National Forests comprising an area of approximately one hundred thirty-three thousand nine hundred ten acres.

Sec. 2. As soon as practicable after this Act takes effect, the Secretary of Agriculture shall file a map and a legal description of the Eagles Nest Wilderness with the Committees on Interior and Insular Affairs of the United States Senate and House of Representatives, and such map and descripotion shall have the same force and effectr as if included in this Act: // 16 USC 1132 note. // Provided, however, That correction of clerical and typographical errors in such map and description may be made.

Sec. 3. The Eagles Nest Wilderness shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness areas, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act.

Sec. 4. The previous classification of the Gore Range-Eagles Nest Primitive Area is hereby abolished.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 939 accompanying H.R. 3863 (Comm. on Interior and Insular Affairs) and No. 94 - 1308 (Comm. of Conference).

SENATE REPORT No. 94 - 172 (Comm. on Interior and Insular Affairs).

CONGRESSIONAL RECORD:

Vol. 121 (975): June 5, considered and passed Senate.

Vol. 122 (1976): Apr. 6, considered and passed House, amended, in lieu of H.R. 3863.

June 29, House agreed to conference report.

June 30, Secate agreed to conference report.

PUBLIC LAW 94-351, 90 STAT. 851

94th Congress, H.R. 14237 July 12, 1976
An Act Making appropriations for Agriculture and Related Agencies programs for the fiscal year ending September 30, 1977, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture and Related Agencies programs for the fiscal year ending September 30, 1977, and for other purposes; namely:

TITLE I--AGRICULTURAL PROGRAMS Production, Processing, and Marketing OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, including not to exceed $5,000 for employment under 5 U.S. C. 3109, $2,267,000: Provided, That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551 - 558: Provided further, That not to exceed $4,000 of this amount shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary.

DEPARTMENTAL ADMINISTRATION

For Budget, Fiscal and Management, $3,307,721; for General Operations, $1,528,217; for ADP Systems, $192,335; for Personnel Administration, $2,012,127; for Equal Opportunity, $2,420,600; for Information Services provided by the Office of Communication, including the dissemination of agricultural information and the coordination of informational work and programs authorized by Congress in the Department, $4,684,000; making a total of $14,145,000 for Departmental Administration to provide for necessary expenses for management support services to offices of the Department of Agriculture, and for general administration of the Department of Agriculture, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department of Agriculture, of which not to exceed $10,000 for employment under 5 U.S.C. 3109 and, not to exceed $1,269,000 may be used for farmers' bulletins and not less than two hundred thirty-two thousand two hundred and fifty copies for the use of the Senate and House of Representatives of part 2 of the annual report of the Secretary (known as the Yearbook of Agriculture) as authorized by 44 U. S.C. 1301: Provided, That in the preparation of motion pictures or exhibits by the Department, this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225).

ECONOMIC MANAGEMENT SUPPORT CENTER

For necessary expenses of the Economic Management Support Center to provide management support services to selected agencies of the Department of Agriculture, $2,802,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be available for employment under 5 U. S.C. 3109 (7 U.S.C. 2201 - 2202).

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $10,000, for employment under 5 U.S.C. 3109, $18,434,000 and in addition, $7,932,000 shall be derived by transfer from the appropriation, " Food Stamp Program" and merged with this appropriation.

OFFICE OF THE GENERAL COUNSEL

For necessary expenses, including payment of fees or dues for the use of law libraries by attorneys in the field service, $8,708,000.

AGRICULTURAL RESEARCH SERVICE

For expenses necessary to enable the Agricultural Research Service to perform agricultural research and demonstration relating to production, utilization, marketing, and distribution (not otherwise provided for), home economics or nutrition and consumer use, and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, except that the foregoing limitation shall not apply to the acquisition of lands for the U.S. Sugarcane Laboratory, Houma, Lousiana, at a cost not to exceed $450,000; $270,576,000: Provided, That appropriations hereundershall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only and for the acquisition without cost of not to exceed one to be obtained by transfer: Provided further, That of the appropriations hereunder, not less than $10,526,600 shall be available to conduct marketing research: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250, for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building (except headhouses connecting greenhouses) shall not exceed $57,500, except for six buildings to be constructed or improved at a cost not to exceed $112,500 each, and the cost of altering any one building during the fiscal year shall not exceed $21,500, or 22 per centum of the cost of the building, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall not apply to a total of $100,000 for facilities at Beltsville, Maryland: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a).

Special fund: To provide for additional labor, subprofessional, and junior scientific help to be employed under contracts and cooperative agreements to strengthen the work at research installations in the field, not more than $2,000,000 of the amount appropriated under this head for the previous fiscal year may be used by the Administrator of the Agricultural Research Service in departmental research programs in the current fiscal year, the amount so used to be transferred to and merged with the appropriation otherwise available under "agricultural Research Service".

SCIENTIFIC ACTIVITIES OVERSEAS (SPECIAL FOREIGN CURRENCY PROGRAM)

For payments in foreign currencies owned to or owned by the United States for market development research authorized by section 104 (b) (1) and for agricultural and forestry research and other functions related thereto authorized by section 104(b) (3) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704 (b) (1), (3), $7,500,000: Provided, That this appropriation shall be available, in addition to other appropriations for these purposes, for payments in the foregoing currencies: Provided further, That funds appropriated herein shall be used for payments in such foreign currencies as the Department determines are needed, and can be used most effectively to carry out the purposes of this paragraph: Provided further, That not to exceed $25,000 of this appropriation shall be available for payments in foreign currencies for expenses of employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), as amended by 5 U.S.C. 3109.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947, as amended (21 U.S.C. 114b-c) necessary to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities; to carry on services related to consumer protection; and to protect the environment, as authorized by law, $403,667,000, of which $2,500,000 shall be available for the control of outbreaks of insects, plant diseases and animal diseases to the extent necessary to meet emergency conditions and $833,000 shall be for repayment to the Commodity Credit Corporation of advances (and interest thereon) made in accordance with authorities contained in the provisions of the appropriation items for the Animal and Plant Health Inspection Service in the Agriculture-Environmental and Consumer Protection Appropriation Act, 1975: // 88 Stat. 1822. // Provided, That $1,000,000 of the funds for control of the fire and shall be placed in reserve for nmatching purposes with States which may come into the program: Provided further, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by any State of at least 40 per centum: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft craft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further, That this appropriation shall be available pursuant to 7 U.S. C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $52,500, except for two buildings to be constructed or improved at a cost of not to exceed $105,000 each, and the cost of altering any one building during the fiscal year shall not exceed $20,000, or 20 per centum of the cost of the building, whichever is greater: Provided further, That $3,800,000 shall remain available until expended for plans, construction and improvement of facilities without regard to limitations contained herein: Provided further, that this appropriation shall be available for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100: Provided further, That, in addition, in emergencies which threaten the livestock or poultry industries of the country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as he may deem necessary, to be available only in such emergencies for the arrest and eradication of foot-and--, mouth disease, rinderpest, contagious pleuropneumonia, or other contagious or infectious diseases of animals, or European fowl pest and similar diseases in poultry, and for expexpenses in accordance with the Act of February 28, 1947, // 21 USC 114b. // as amended, and any unexpended balances of funds transferred for such emergency purposes in the next preceding fiscal year shall be merged with such transferred amounts.

COOPERATIVE STATE RESEARCH SERVICE

For payments to agricultural experiment stations, for grants for cooperative forestry and other research, for facilities, and for other expenses, including $97,973,000 to carry into effect the provisions of the Hatch Act, approved March 2, 1887, as amended by the Act approved August 11, 1955 (7 U.S.C. 361a - 361i), and further amended by Public Law 92 - 318, // 20 USC 1001 note. // approved June 23, 1972, and further amended by Public Law 93 - 471 approved October 26, 1974, // D. c. Code 31 - 1701 note. // including administration by the United States Department of Agriculture, and penalty mail costs of agricultural experiment stations under section 6 of the Hatch Act of 1887, // 7 USC 361f. // as amended; $8,212,000 for grants for cooperative forestry research under the Act approved October 10, 1962 (16 U.S.C. 582a - 582a - 7), as amended by Public Law 92 - 318 approved June 23, 1972; $17,852,000, in addition to funds otherwise available for contracts and grants for scientific research under the Act of August 4, 1965 (7 U.S.C. 450i); $1,500,000 for Rural Development Research as authorized under the Rural Development Act of 1972 (7 U.S.C. 2661--, 2668), including administrative expenses; and $1,115,000 for necessary expenses of the Cooperative State Research Service, including administration of payments to State agricultural experiment stations, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 for employment under 5 U.S.C. 3109; in all $126,652,000.

EXTENSION SERVICE

Payments to States, Puerto Rico, Guam, and the Virgin Islands: For paymentsfor cooperative agricultural extension work under the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341 - 349) and section 506 of the Act of June 23, 1972, to be destributed under sections 3(b) and 3(c) of the Act, // 7 USC 343. // for retirement and employees' compensation costs for extension agents, and for costs of penalty mail for cooperative extension agents and State extension directors, $168,225,000; payaments for the nutrition and family education program for low-income areas under section 3(d) of the Act, $50,560,000; payments for extension work by the colleges receiving the benefirts of the second Morrill Act (7 U.S.C. 321 - 326, 328) and Tuskegee Institiute under section 3(d) of the Act, // 7 USC 343. // $8,400,000; payments for rural development work under section 3(d) of the Act, $1,000,000; payments for the pest management program under section 3(d) of the Act, $2,935,000; payments for the farm safety program under section 3(d) of the Act, $1,020,000; and payments for extension work under section 208(c) of Public Law 93 - 471, // D.C. Code 31 - 1718. // $910,000; and $1,500,000: for Rural Development Education as authorized under the Rural Development Act of 1972 (7 U.S. C. 2661 - 2668); in all , $234,550,000: Provided, That funds hereby appropraited pursuant to section 3(c) of the Act of June 26,1953, and section 506 of the Act of June 23, 1972, // 7 USC 343. 86 Stat. 350. // as amended, shall not be paid to any State, Puerto Rico, Guam, or the Virgin Islands prior to availability of an equal sum from non-Federal sources for expenditure during the current fiscal year.

Federal administration and coordination: For administration of the Smith-Lever Act, as amended by the Act of June 26, 1953, the Act of August 11, 1955, the Act of October 5, 1962 (7 U.S.C. 341 - 349) and section 506 of the Act of June 23, 1972, and section 208(d) of Public Law 93 - 471, and to coordinate and provide program leadership for the extension work of the Department and the several States and insular possession, $5,658,000.

NATIONAL AGRICULTURAL LIBRARY

For necessary expenses of the National Agricultural Library, $6,026,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $35,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That not to exceed $100,000 shall be available pursuant to 7 U.S.C. 2250 for the alteration and repair of buildings and improvements.

STATISTICAL REPORTING SERVICE

For necessary expenses of the Statistical Reporting Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, and marketing surveys, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 - 1627) and other laws, $33,827,000: Provided, That no part of the funds herein appropriated shall be available for any expense incident to publishing estimates of apple production for other than the commercial crop: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U. S.C. 3109.

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service in conducting economic research and service relating to agricultural production, marketing, and distribution, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 - 1627), and other laws, including economics of marketing; analyses relating to farm prices, income and population, and demand for farm products, use of resources in agriculture, adjustments, cost and returns in farming, and farm finance; and for analyses of supply and demand for farm products in foreign countries and their effect on prospects for United States exports, progress in economic development and its relation to sales of farm products, assembly and analysis of agricultural trade statistics and analysis of international financial and monetary programs and policies as they affect the competitive position of United States farm products; $26,080,000, of which not less than $200,000 shall be available for investigation, determination and finding as to the effect upon the production of food and upon the agricultural economy of any proposed action affecting such subject matter pending before the Administrator of the Environmental Protection Agency for presentation, in the public interest, before said administrator, other agencies or before the courts: Provided, That not less than $350,000 of the funds contained in this appropriation shall be available to continue to gather statistics and conduct a special study on the price spread between the farmer and consumer: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U. S.C. 3109: Provided further, That not less than $145,000 of the funds contained in this appropriation shall be available for analysis of statistics and related facts on foreign production and full and complete information on methoids used by other countries to move farm commodities in world trade on a competitive basis.

Agricultural Marketing Service MARKETING SERVICES

For expenses necessary to carry on services related to consumer protection, agricultural marketing and distribution, and regulatory programs, other than Packers and Stockyards Act, as authorized by law, and for administration and coordination of payments to States; including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $45,000 for employment under 5 U.S.C. 3109; $52,734,000d Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but, unless otherwise provided, the cost of altering any one building during the fiscal year shall not exceed $7,500 or 7.5 per centum of the cost of the building, whichever is greater.

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,600,000.

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)

Funds available under section 32 of the Act of August 24, 1935 (7 U. S.C. 612c) shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for (1) transfers to the Department of Commerce as authorized the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in this Act; and (3) not more than $4,250,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937, // 7 USC 674 note. // as amended, and the Agricultural Act of 1961. // 7 USC 1911 note. //

PACKERS AND STOCKYARDS ADMINISTRATION

For expenses necessary for administration of the Packers and Stockyards Act, // 7 USC 181. // as authorized by law, including field employment pursuant to section 706(a) of the Organic Act of 1944 (7 US. S.C. 2225), and not to exceed $5,000 for employment under 5 U.S.C. 3109, $5,226,000.

FARMER COOPERATIVE SERVICE

For necessary expenses to carry out the Act of July 2, 1926 (7 U.S. C. 451 - 457), and for conducting research relating to the economic and marketing aspects of farmer cooperatives, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 - 1627), $2,589,000.

Farm Income Stabilization Agricultural Stabilization and Conservation Service SALARIES AND EXPENSES

For necessary administrative expenses of the Agricultural Stabilization and Conservation Service, including expenses to formulate and carry out programs authorized by title III of the Agricultural Adjustment Act of 1938, as amended (7 U.S.C. 1301 - 1393); sections 7 to 15, 16(a), 16(b), 16(d), 16(e), 16(f), 16(i), and 17 of the Soil Conservation and Domestic Allotment Act, as amended and supplemented (16 U.S.C. 590g-590+); sections 1001 to 1010 of the Agricultural Act of 1973 (16 U.S.C. 1601 to 1610); the Water Bank Act (16 U.S.C. 1301 - 1311); and laws pertaining to the Commodity Credit Corporation, $157,410,000: Provided, That, in addition, not to exceed $74,958,000 may be transferred to and merged with this appropriation from the Commodity Credit Corporation fund (including not to exceed $33,492,000 under the limitation on Commodity Credit Corporation administrative expecses): Provided further, That other funds made available to the Agricultural Stabilization and Conservation Service for authorized activities may be advanced to and merged with this appropriation: Provided further, That this appropriation shall be available for employment pursuant to the second sentencde of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That no part of the funds appropriated or made abvailable under this act shall be used (1) to influence the vote in any referendum; (2) to influence agricultural legislation, except as permitted in 18 U.S.C. 1913; or (3) for salaries or other expenses of members of county and community committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act, // 16 USC 590h. // as amended, for engaging in any activities other than advisory and supervisory duties and delegated program functions prescribed in administrative regulations.

DAIRY AND BEEKEEPER INDEMNITY PROGRAMS

For necessary expenses involved in making indemnity payments to dairy farmers for milk cows producing such milk and manufacturers of dairy products who have been directed to remove their milk or dairy products from commercial markets because it contained residues of chemicals registered and approved for use by the Federal Government, and to beekeepers who through no fault of their own have suffered losses as a result of the use of economo.ic poisons which had been registered and approved for use by the Federal Government, $4,050,000: Provided, That none of the funds contained in this Act shall be used to make indemnity payments to any farmer whose milk was removed from commercial markets as a result of his willful failure to follow procedures prescribed by the Federal Gorvernment.

CORPORATIONS

The following corporations and agencies are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act. // 31 USC 849. // as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided:

Federal Crop Insurance Corporation ADMINISTATIVE AND OPERATING EXPENSES

For administrative and operating expenses, $11,976,000.

FEDERAL CROP INSURANCE CORPORATION FUND

Not to exceed $8,006,000 of administrative and operating expenses may be paid from premium income.

Commodity Credit Corporation REIMBURSEMENT FOR NET REALIZED LOSSES

To reimburse the Commodity Credit Corporation for net realized losses sustained in prior years, but not previously reimbursed, pursuant to the Act of August 17, 1961 (15 US.S.C. 713a-11, 713a-12), $189,053,000.

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $41,220,000 shall be available for administrative expenses of the Commodity Credit Corporation: Provided, That $3,133,000 of this authorization shall be available to support the position of Sales Manager who shall work to expand and strengthen sales of U.S. commodities in world markets (including those of the Corporation and those funded by Public Law 480) pursuant to existing authority (including that contained in the Corporation's charter and Public Law 480), // 7 USC 1691-1736e. // and that such funds shall be used by such Sales Manager to form an agency to carry out the above activities. Such Sales Manager shall report directly to the Board of Directors of the Corporation of which the Secretary of Agriculture is a member. Such Sales Manager shall obrtain, assimilate, and analyze all available information on developments related to private sales, as well as those funded by the Corporation and Public Law 480, // 7 USC 1691-1736e. // including grade and quality as sold and as delivered and shall submit quarterly reports to the appropriate committees of Congress concerning such developments: Provided further, That not less than 7 per centum of this authorization shall be placed in reserve to be apportioned pursuant to section 3679 of the Revised Statutes, // 31 USC 665. // as amended, for use only in such amounts and at such times as may become necessary to carry out program operations: Provided further, That all necessary expenses (including legal and special services performed on a contract or fee basis, but not including other personal services) in connection with the acquisition, operation, maintenance, improvement, or disposition of any real or personal property belonging to the Corporation or in which it has an interest, including expenses of collections of pledged collateral, shall be considered as nonadministrative expenses for the purposes hereof.

TITLE II- RURAL DEVELOPMENT AND ASSISTANCE Rural Developoment and Protection Farmers Home Administration RURAL HOUSING INSURANCE FUND

For direct loans and related advances pursuant to section 517(m) of the Housing Act of 1949, // 42 USC 1487. // as amended, $15,000,000 shall be available form funds in the rural housing insurance fund, and for insured loans as authorized by title V of the Housing Act of 1949, // 42 USC 1471. // as amended, $&,196,000,000 of which not less than $2,023,000,000 shall be available for subsidized interest loans to low-income borrowers as determined by the Secretary: Provided, That unsubsidized interest guaranteed loans of not to exceed $500,000,000 shall be in addition to these amounts.

For an additional amount to reimburse the rural housing insurance fund for losses sustained in prior years, but not previously reimbursed in carrying out the provisions of title V of the Housing Act of 1949, as amended (42 U.S.C. 1483, 1487e, and 1490a(c)), including $42,788,000 as authorized by section 521(c) of the Act, // 42 USC 1490a. // $175,429,000, and such amounts as may be necessary to carry out a rental assistance program under section 521(a) (2) of the Housing Act of 1949, as amended.

AGRICULTURAL CREDIT INSURANCE FUND

For an additional amount to reimburse the agricultural credit insurance fund for losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Consolidated Farm and Rural Developoment Act, as amended (7 U.S.C. 1988(a)), $141,189,000.

Loans may be insured, or made to be sold and insured, under this Fund in accordance with and subject to the provisions of 7 U.S.C. 1928 - 1929, as follows: real estate loans $520, 000,000, including not less than $450,000,000 for farm ownership loans; and not less than $54,000,000 for water development, use, and conservation loans; operating loans, $625,000,000; and emergency loans in amounts necessary to meet the needs resulting from natural disasters.

RURAL WATER AND WASTE DISPOSAL GRANTS

For grants pursuant to sections 306(a) (2) and 306(a) (6) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1926), $200,000,000 to remain available until expended, pursuant to section 306(d) of the above Act.

VERY LOW- INCOME HOUSING REPAIR GRANTS

For grants to the elderly pursuant to section 504 of the Housing Act of 1949, // 42 USC 1474. // as amended, $5,000,000.

RURAL HOUSING FOR DOMESTIC FARM LABOR

For financial assistance to public nonprofit organizations for housing for domestic farm labor, pursuant to section 516 of the Housing Act of 1949, as amended (42 U.S.C. 1486), $7,500,000.

MUTUAL AND SELF- HELP HOUSING

For grants pursuant to section 523(b) (1) (A) of the Housing Act of 1949 (42 U.S.C. 1490c), $.,000,000.

RURAL DEVELOPMENT INSURANCE FUND

For an additional amount to reimburse the rural development insurance fund for losses sustained in prior years, but not previously reimbursed, in carrying out the provisions of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1988(a)), $47,484,000.

For loans to be insured, or made to be sold and insured, under this fund in accordance with and subject to the provisions of 7 U.S.C. 1928 and 86 Stat. 661 - 664, as follows: water and sever facility loans, $600,000,000; industrial development loans, $350,000,000; and community facility loans, $200,000,000.

RURAL COMMUNITY FIRE PROTECTION GRANTS

For grants pursuant to section 404 of the Rural Development Act of 1972, as amended (7 U.S.C. 2654), $3,500,000 to fund up to 50 per centum of the cost of organizing, training, and epuipment for rural volunteer fire departments.

SALARIES AND EXPENSES

For necessary expenses of the Farmers Home Admonistration, not otherwise provided for, in administering the programs authorized by the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 - 1992), as amended; title V of the Housing Act of 1949, as amended (42 U.S.C. 1471 - 1490g); the Rural Rehabilitation Corporation Trust Liquidation Act, approved May 3, 1950(40 U.S.C. 440 - 444), for administering the loan program authorized by title IIIA of the Economic Opportunity Act of 1964 (Public Law 88 - 452, approved August 20, 1964), // 42 USC 2841. // as amended, and such other programs for which Farmers Home Administration has the responsibility for administering administering, $170,000,000, together with not more than $5,000,000 of the charges collected in connection with the insurance of loans as authorized by section 309(e) of the Consolidated Farm and Rural Development Act, // 7 USC 1929. // as amended, and section 517(i) of the Housing Act of 1949, // 42 USC 1487. // as amended, or in connection with charges made on borrowers under section 502(a) of the Housing Act of 1949, // 42 USC 1472. // as amended: Provided, That, in addition, not to exceed $500,000 of the funds available for the various programs administered by this agency may be transferred to this appropriation for temporary field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), to meet unusual or heavy workload increases: Provided further, That not to exceed $1,000,000 of this appropriation may be used for employment under 5 U.S.C. 3109.

RURAL DEVELOPMENT GRANTS

For grants pursuant to section 310 B(c) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1932), $10,000,000.

RURAL DEVELOPMENT SERVICE

For necessary expenses, not otherwise provided for, of the Rural Development Service in providing leadership, coordination, and related services in carrying out the rural development activities of the Department of Agriculture and for carrying out the responsibilities of the Secretary of Agriculture under section 701 of the Housing Act of 1954, as amended (40 U.S.C. 461), $1,433,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $3,000 shall be available for employment under 5 U.S. C. 3109.

Rural Electrification Administration

To carry into effect the provisions of the Rural Electrification Act of 1936, as amended (7 U.S.C. 901 - 950(b)), as follows:

RURAL ELECTRIFICATION AND TELEPHONE REVOLVING FUND LOAN AUTHORIZATIONS

Insured loans pursuant to the authority of section 305 of the Rural Electrification Act of 1936, as amended (7 U.S.C. 935), shall be made as follows: rural electrification loans, not less than $750,000,000, nor more than $900,000,000, and rural telephone loans, not less than $250,000,000, to remain available until expended: Provided, That loans made pursuant to section 306 of that Act // 7 USC 936. // are in addition to these amounts.

RURAL TELEPHONE BANK

For the purchase of Class A stock of the Rural Telephone Bank, $30,000,000, to remain available until expended (7 U.S.C. 901 - 950 (b)).

The Rural Telephone Bank is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitaions as provided by section 104 of the Government Corporation Control Act, // 31 USC 849. // as amended, as may be necessary in carrying out its authorized programs for the current fiscal year.

SALARIES AND EXPENSES

For administrative expenses to carry out the provisions of the Rural Electrification Act of 1936, as amended (7 U.S.C. 901 - 950(b)), including not to exceed $500 for financial and credit reports, funds for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 for employment under 5 U.S.C. 3109, $21,350,000.

Conservation Soil Conservation Service CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-590f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant material centers; classification and mapping of soil; dissemination of information; purchase and erection or alteration of permanent buildings; and operation and maintenance of aircraft, to remain available until expended, $214,423,000: Provided, That the cost of any permanent building purchased, erected, or as improved, exclusive of the cost of constructing a water supply or samitary system and connecting the same to any such building and with the exception of buildings acquired in conjunction with land being purchased for other purposes, shall not exceed $5,000, except for one building to be constructed at a cost not to exceed $50,000 and eight buildings to be constructed or improved at a cost not to exceed $30,000 per building and except that alterations or improvements to other existing permanent buildings costing $5,000 or more may be made in any fiscal year in an amount not to exceed $1,000 per building: Provided further, That no part of this appropriation shall be available for the construction of any such building on land not owned by the Government: Provided further, That no part of this appropriation may be expended for soil and water conservation operations under the Act of April 27, 1935 (16 U.S.C. 590a-590f) in demonstration projects: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed $25,000 shall be available for employment under 5 U.S.C. 3109: Rpovided further, That qualified local engineers may be temporarily employed at per diem rates to perform the technical planning work of the Service.

RIVER BASIN SURVEYS AND INVESTIGATIONS

For necessary expenses to conduct research, investigations and surveys of the watersheds of rivers and other waterways, in accordance with section 6 of the Watershed Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1006 - 1009), to remain available until expended, $14,745,000: Provided, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $60,000 shall be available for employment under 5 U.S.C. 3109.

WATERSHED PLANNING

For necessary expenses for samll watershed investigations and planning, in accordance with the Watershed Protection and Flood Prevention Act, as amended (16 U.S.C. 1001 - 1008), to remain available until expended, $11,196,000: Provided, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109.

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land, in accordance with the WATERSHED Protection and Flood Prevention Act, approved August 4, 1954, as amended (16 U.S.C. 1001 - 1005, 1007 - 1008), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance with the provisions of laws relating to the avctivities of the Department, $146,199,000 (of which $25,872,000 shall be available for the watersheds authorized under the Flood Control Act, approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and supplemented): Provided, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $200,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That $23,400,000 in loans may be insured, or made to be sold and insured, under the Agricultural Credit Insurance Fund of the Farmers Home Administration (86 Stat. 663).

RESOURCE CONSERVATION AND DEVELOPMENT

For necessary expenses in planning and carying out projects for resource conservation and development, and for sound land use, pursuant to the provisions of section 32(e) of title III of the Bankhead-Jones Farm Tennant Act, as amended (7 U.S.C. 1010 - 1011; 76 Stat. 607), and the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), $29,972,000: Provided, That $3,600,000 in loans may be insured, or made to be sold and insured, under the Agricultural Credit Insurance Fund of the Farmers Home Administration (86 Stat. 663): Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109.

GREAT PLAINS CONSERVATION PROGRAM

For necessary expenses to carry into effect a program of conservation in the Great Plains area, pursuant to section 16(b) of the Soil Conservation and Domestic Allotment Act, as added by the Act of August 7, 1656, as amended (16 U.S.C. 590p), $21,379,000, to remain avalilable until expended.

Agricultural Stabilization and Conservation Service AGRICULTURAL CONSERVATION PROGRAM

For necessary expenses to carry into effect the program authorized in sections 7 to 15, 16(a), and 17 of the Soil Conservation and Domestic Allotment Act, approved Fedruary 29, 1936, as amended and supplemented (16 U.S.C. 590g-590o, 590p(a), and 590q), and sections 1001 - 1008, and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 1501 - 1508, and 1510), and including not to exceed $15,000 for the preparation and display of exhibits, including such displays at State, interstate, and international fairs within the United States, $105,000,000, for compliance with the programs of soil-building and soil-and water-conserving practices authorized under this head in the Agriculture and Related Agencies Appropriation Act, 1976, // 89 Stat. 641. // entered into during the period July 1, 1975, to December 31, 1976, inclusive: Provided, That no portion of the funds for the current year's program may be utilized to provide financial or technical assistance for drainage on wetlands now designated a Wetland Types 3(III), 4(IV), and 5(V) in United States Department of the Interior, Fish and Wildlife Circular 39, Wetlands of the United States, 1956: Provided further, That necessary amounts shall be available for administrative expenses in connection with the formulation and administration of the 1977 program of soil-building and soil- and water-conserving practices, including related wildlife conserving practices, and pollution abatement practices, under the Act of February 29, 1936, // 16 USC 590g. // as amended (amounting to $190,000,000, excluding administration, except that no participant in the Agricultural Conservation Program shall receive more than $2,500, except where the participants from two or more farms or ranches join to carry out approved practices designed to conserve or improve the agricultural resources of the community): Provided further, That such amounts shall be available for the purchase of seeds, fertilizers, lime, trees, or any other conservation material, or any soil-terracing services, and making grants thereof to agricultural producers to aid them in carrying out approved 1970 farming practices to be selected by the country committees under programs provided for herein: Provided further, That no part of the funds in this Act may be used to obtain or require submission of information form participants in this program not required in carrying out the 1970 program: Provided further, That not to exceed 5 per centum of the allocation for the current year's program for any county may, on the recommendation of such county committee and approval of the State committee, be withheld and allotted to the Soil Conservation Service for services of its technicians in formulating and carrying out the Agricultural Conservation Program in the participating counties, and shall not be utilized by the Soil Conservation Service for any purpose other than technical and other assistance in such counties, and in addition, on the recommendation of such county committee and approval of the State committee, not to exceed 1 per centum may be made available to any other Federal, State, or local public agency for the same purpose and under the same conditions: Provided further, That for the current year's program $2,500,000 shall be available for technical assistance in formulating and carrying out rural environmental practices: Provided further, That no part of any funds available to the Department, or any bureau, office, corporation, or other agency constituting a part of such Department, shall be used in the current fiscal year for the payment of salary or travel expenses of any person who has been convicted of violating the Act entitled " An Act to prevent pernicious political activities", approved August 2, 1939, // 53 Stat. 1147. // as amended, or who has been found in accordance with the provisions of title 18 U.S.C. 1913, to have violated or attempted to violate such section which prohibits the use of Federal appropriations for the payment of personal services or other expenses designed to influence in any manner a Member of Congress to favor or oppose any legislation or appropriation by Congress except upon request of any Member or through the proper official channels.

FORESTRY INCENTIVES PROGRAM

For necessary expenses not otherwise provided for, to carry out the program of forestry incentives, as authorized in sections 1009 and 1010 of the Agricultural Act of 1970, as added by the Agriculture and Consumer Protection Act of 1973 (16 U.S.C. 1509 - 1570) including technical assistance and related expenses, $15,000,000.

WATER BANK PROGRAM

For necessary expenses to carry into effect the provisions of the Water Bank Act (16 U.S.C. 1301 - 1311), $10,000,000, to remain available until expended.

EMERGENCY CONSERVATION MEASURES

For emergency conservation measures, to be used for the same purposes and subject to the same conditions as funds appropriated under this head in the Third Supplemental Appropriations Act, 1957, // 71 Stat. 176. // $10,000,000, with which shall be merged the unexpended balances of funds heretofore appropriated for emergency conservation measures.

TITLE III-- DOMESTIC FOOD PROGRAMS Food and Nutrition Service CHILD NUTRITION PROGRAMS

For necessary expenses to carry out the provisions of the National School Lunch Act, as amended (42 U.S.C. 1751 - 1761); Public Law 91 - 248 and the applicable provisons other than section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1773 - 17785); $2,751,032,000 of which $959,000,000 shall be derived by transfer from funds available under sevtion 32 of the Act of August 24, 1635 (7 s U. S.C. 612c): Provided, That of the foregoing total amount there shall be available $28,000,000 for the nonfood assistance program, and $13,675,000 for the State administrative expenses: Provided further, That funds provided herein shall remain available until expended in accordance with section 3 of the National School Lunch Act, // 42 USC 1752. // as amended: Provided further, That an additional $80,000,000 shall be transferred to this appropriation from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for purchase and distribution of agricultural commodities and other foods pursuant to section 6 of the National School Lunch Act, // 42 USC 1755. // as amended: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109.

SPECIAL MILK PROGRAM

For necessary expenses to carry out the provisions of the special milk program, as authorized by section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1772), $155,000,000.

SPECIAL SUPPLEMENTAL FOOD PROGRAM (WIC)

For necessary expenses to carry out the provisions of the special supplemental food program as authorized by section 17 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1786), $250,000,000: Provided, That funds provided herein shall remain available until expended in accordance with section 3 of the National School Lunch Act, as amended: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109.

FOOD STAMP PROGRAM

For necessary expenses of the food stamp program pursuant to the Food Stamp Act of 1964, // 7 USC 2011 note. // as amended, $4,794,400,000: Provided, That funds provided herein shall remain available until expended in accordance with section 16 of the Food Stamp Act of 1964, // 7 USC 2025. // as amended: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U. S.C. 2225), and not to exceed $100,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That no part of the funds appropriated by this Act shall be used during the fiscal year ending September 30, 1977, to make food stamps available to any household, to the extent that the entitlement otherwise available to such household is attributable to an individual who: (i) has reached his eighteenth birthday; (ii) is enrolled in an institution of higher education; and (iii) is properly claimed as a dependent child for Federal income tax purposes by a taxpayer who is not a member of an eligible household: Provided further, That funds provided herein shall be expended in accordance with section 15(b) of the Food Stamp Act of 1964, as amended.

FOOD DONATIONS PROGRAM

For necessary expenses to carry out the provisions of section 4(a) of the Agriculture and Consumer Protection Act of 1973, as amended (7 U.S.C. 612c (note)), $23,166,000, of which $17,000,000 shall be available for the Commodity Supplemental Food Program without regard to whether an area is under the Food Stamp Program.

ELDERLY FEEDING PROGRAM

For necessary expenses to carry out the provisions of section 707(a) of the Older Americans Act of 1965, as amended, (42 U.S.C. 3045f), $22,000,000.

TITLE IV-- INTERNATIONAL PROGRAMS FOREIGN AGRICULTURAL SERVICE

For necessary expenses for the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 U.S. C. (1761 - 1768), market development activities abroad, and for enabling the Secretary to coordinate and integrate activities of the Department in connection with foreign agricultural work, including not to exceed $4,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $39,099,000: Provided, That not less than $255,000 of the funds contained in this appropriation shall be available to obtain statistics and related facts on foreign production and full and complete information on methods used by other countries to move farm commodities in world trade on a competitive basis.

PUBLIC LAW 480

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prikor years' costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1701 - 1710, 1721 - 1725, 1731 - 1736d), as follows: (1) sale of agricultural commodities for foreign currencies and for dollars on credit terms pursuant to title I of said Act, // 7 USC 1701. // $680,465,000 and (2) commodities supplied in connection with dispositions abroad, pursuant to title II of said Act, // 7 USC 1721. // $488,790,000.

TITLE V--RELATED AGENCIES Food and Drug Administration SALARIES AND Expenses

For necessary expenses, not otherwise provided for, of the Food and Drug Administration; for payment of salaries and expenses for servuces 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; for rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $10,000; $241,977,000.

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $3,125,000.

Commodity Futures Trading Commission

For necessary expenses to carry into effect the provisions of the Commodity Exchange Act, as amended (7 U.S.C. 1 et seq.) and Public Law 93 - 463, // 7 USC 4a note. // approved October 23, 1974; including the purchase and hire of passenger motor vehicles; the rental of space in the District of Columbia and elsewhere; and not to exceed $125,000 for employment under 5 U.S.C. 3109, $12,615,000: Provided, That not to exceed $1,000 shall be available for official reception and representation expenses.

Farm Credit Administration LIMITATION ON ADMINISTRATIVE Expenses

Not to exceed $8,429,000 (from assessments collected from farm credit agencies) shall be obligated during the current fiscal year for administrative expenses, including the hire of one passenger motor vehicle.

TITLE VI-- GENERAL RPOVISIONS

Sec. 601. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the fiscal year 1977 under this Act shall be available for the purchase in addition to those specifically provided for, of not to exceed eight hundred and fifty-four (854) passenger motor vehicles, of which six hundred and twenty-one (621) shall be for replacement only, and for the hire of such vehicles.

Sec. 602. Funds available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901 - 5902).

Sec. 603. Not less than $1,500,000 of the appropriations of the Department of Agriculture for research and service work authorized by the Acts of August 14, 1946, July 28, 1654, and September 6, 1958 (7 U. S.C. 427, 1621 - 1629; 42 U.S.C. 1891 - 1893), shall be available for contracting in accordance with said Acts.

Sec. 604. No part of the funds contained in this Act may be used to make production or other payments to a person, persons, or corporations who harvest or knowingly permit to be harvested for illegal use, marihuana, or other such prohibited drug-producing plants on any part of lands owned or controlled by such persons or corporations.

Sec. 605. Advances of money form any appropriation for the Department of Agriculture may be made by authority of the Secretary of Agriculture to chiefs of field parties.

Sec. 606. None of the funds provided by this Act shall be used to pay the salaries of any person or persons who carry out the provisions of section 610 of the Agricultural Act of 1970, // 7 USC 2119. // which provides for the transfer of funds to Cotton Incorporated.

Sec. 607. Obligations chargeable against the Working Capital Fund during the period October 1, 1976, through September 30, 1977, shall not exceed $50,000,000: Provided, That no funds appropriated to an agency of the Department shall be transferred to the Working Capital Fund except upon the approval of the agency administrator.

Sec. 608. New obligational authority provided for the following appropriation items in this Act shall remain available until expended: Scientific Activities Overseas (Special Foreign Currency Program); Public Law 480; // 68 Stat. 454. // Rural Housing dor Domestic Farm Labor; emutual and Self-Help Housing; Watershed and Flood Prevention Operations; Resource Conservation and Development; Forestry Incentives Program; Emergency Conservation Measures; Buildings and Facilities, Food and Drug Administration; and the appropriation to liquidate contract authorizations for the Agricultural Conservation Program.

Sec. 609. None of the funds provided in this Act may be used to reduce programs by establishing an end-of-year employment ceiling on permanent positions below the level set herein for the following agencies: Farmers Home Administration, 7,400; Agricultural Stabilization and Conservation Service, 2,473; and Soil Conservation Service, 13,955.

Sec. 610. None of the funds contained in this Act shall be used by any State Committee to prevent any County Committee from authorizing the use of any funds for any nationally authorized rpogram of the Agrcultural Conservation Program.

Sec. 611. No part of any appropriation contained in this Act shall remain available for abligations beyond the current fiscal year unless expressly so rpovided herein.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 1224 (Comm. on Appropriations) and No. 94 - 1303 (Comm. of Conference).

SENATE REPORT No. 94 - 968 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol 122 (1976):

June 15, 16, considered and passed House.

June 23, considered and passed Senate, amended.

June 29, House agreed to conference report; receded and concurred in Senate amendments; Senate agreed to conference report.

PUBLIC LAW 94-350, 90 STAT. 823, FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 1977.

94th Congress, S. 3168 July 12, 1976
An Act To authorize fiscal year 1977 appropriations for the Department of State, the United States Information Agency, and the Board for International Broadcasting, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " Foreign Relations Authorization Act, Fiscal Year 1977".

TITLE I-STATE DEPARTMENT AUTHORIZATION OF APPROPRIATIONS

Sec. 101. (a) There are authorized to be appropriated for the Department of State for fiscal year 1977, to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States, including trade negotiations, and other purposes authorized by law, the following amounts:

(1) For the " Administration of Foreign Affairs", $552,455,000.

(2) For " International Organizations and Conferences", $342,460,453.

(3) For " International Commissions", $17,069,000.

(4) For " Educational Exchange", $68,500,000.

(5) For " Migration and Refugee Assistance", $10,000,000.

(6) For increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs, such amounts as may be necessary.

(b) Amounts appropriated under this section are authorized to remain available until expended.

TRANSFER AUTHORITY

Sec. 102. Funds authorized to be appropriated for fiscal year 1977 by any paragraph of section 101(a) (other than paragraph (6) may be appropriated for such fiscal year for a purpose for which appropriations are authorized by any other paragraph of such section (other than paragraph (6)), except that the total amount appropriated for a purpose described in any paragraph of section 101(a) (other than paragraph (6)) may not exceed the amount specifically authorized for such purpose by section 101(a) by more than 10 per centum.

CONTRIBUTION TO THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC, and CULTURAL ORGANIZATION

Sec. 103. Notwithstanding the limitation contained in the proviso in the paragraph under the subheading " Contributions to International Organizations" in title I of the Act of October 25, 1972 (86 Stat. 1110), and notwithstanding the requirements of section 302(h) of the Foreign Assistance Act of 1961, // 22 USC 2222 // $3,545,453 of the amount authorized to be appropriated by section 101(a)(2) of this Act may be used to complete the fiscal year 1975 United States contribution to the United Nations Educational, Scientific, and Cultural Organization.

INTERNATIONAL JOINT COMMISSION

Sec. 104. The Act entitled " An Act to provide certain basic authority for the Department of State", approved August 1, 1956, // 22 USC 2662. // by adding at the end thereof the following new section:

" Sec. 19. Each fiscal year (beginning with fiscal year 1977), the Secretary of State may use not to exceed $1,500 of the funds appropriated for the American Sections, International Joint Commission, United States and Canada, for representation expenses and official entertainment within the United States for such American Sections.".

RUSSIAN REFUGEE ASSISTANCE

Sec. 105. In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary of State for fiscal year 1977 not to exceed $20,000,000 to carry out the provisions of section 101(b) of the Foreign Relations Authorizations Act of 1972, // 86 Stat. 489. // (relating to Russian refugee assistance) and to furnish similar assistance to refugees from Communist countries in Eastern Europe. None of the funds appropriated under this section may be used to resettle refugees in any country other than Israel. Amounts appropriated under this section are authorized to remain available until expended.

UNITED STATES PASSPORT OFFICE

Sec. 106. In addition to amounts otherwise available for such purposes, there is authorized to be appropriated for fiscal year 1977, $1,000,000, to be used for miniaturization of the files of the United States Passport Office. Amounts appropriated under this section are authorized to remain available until expended.

NORTH ATLANTIC ASSEMBLY

Sec. 107. The joint resolution entitled " Joint resolution to authorize participation by the United States in parliamentary conferences of the North Atlantic Treaty Organization", // 22 USC 1928a. // approved July 11, 1956, is amended by adding at the end thereof the following new section:

" Sec. 5. In addition to the amounts authorized by section 2, there is authorized to be appropriated $50,000 for fiscal year 1977 to meet the expenses incurred by the United States group in hosting the twenty-second annual meeting of the North Atlantic Assembly. Amounts appropriated under this section are authorized to remain available until expended.".

PAYMENT TO LADY CATHERINE HELEN SHAW

Sec. 108. Of the amount appropriated under paragraph (1) of section 101(a) of this Act for salaries and expenses, $10,000 shall be available for payment ex gratia to Lady Catherine Helen Shaw, wife of the former Australian Ambassador to the United States, as an expression of the concern of the United States Government for the injuries which she sustained as a result of an attack on her in the District of Columbia.

FOREIGN SERVICE BUILDINGS AUTHORIZATION

Sec. 109. Section 4 of the Foreign Service Buildings Act, 1926, // 22 USC 295. // is amended--,

(1) in paragraph (2) of subsection (h) by striking out "$71,600,000" and inserting in lieu thereof "$73,058,000"; and

(2) by adding the following new subsection at the end of the section:

"(j) For the purpose of carrying into effect the provisions of this Act in the Union of Soviet Socialist Republics, there is authorized to be appropriated, in addition to amounts authorized prior to the enactment of this subsection, $30,000,000, which amount is authorized to remain available until expended.". PAN AMERICAN GAMES

Sec. 110. (a) The Congress finds that--,

(1) the Eighth Pan American Games to be held in San Juan Puerto Rico, in 1979 will provide an opportunity for more than six thousand young men and women, representing thirty-three countries in the Western Hemisphere, to participate in friendly athletic competition;

(2) international sporting events such as the Eighth Pan American Games make a unique contribution in promoting common understanding and mutual respect among people of different cultural backgrounds; and

(3) the President has the authority under the Mutual Educational and Cultural Exchange Act of 1961 to provide financing, when he considers that it would strengthen international cooperative relations, for (A) tours abroad by American athletes, (B) United States representation in international sports competitions, and (C) participation by groups and individuals from other countries in tours and in sports competitions in the United States.

(b) In order to strengthen international cooperative relations and promote the purposes of the Mutual Educational and Cultural Exchange Act of 1961, // 22 USC 2451 note. // the Secretary of State shall use funds appropriated to carry out this section to provide financial assistance for the Eight Pan American Games to be held in Puerto Rico in 1979. Such funds shall be transferred by the Secretary to the Recreational Development Company of Puerto Rico (a government corporation of the Commonwealth of Puerto Rico) for expenses directly related to the Eighth Pan American Games, including expenses for--,

(1) promoting, organizing, and conducting such games;

(2) constructing new and repairing existing athletic and recreational facilities;

(3) providing lodging, food, and transportation for participants in such games and for related personnel; and

(4) acquiring necessary material and equipment for such

games.

Such expenditures shall be subject to such controls and audits as the Comptroller General may prescribe.

(c) To carry out this section, there is authorized to be appropriated to the Secretary of State $12,000,000.

PARTICIPATION BY FEDERAL EMPLOYEES IN CULTURAL EXCHANGE PROGRAMS

Sec. 111. The Mutual Educational and Cultural Exchange Act of 1961, // 22 USC 2451 note. // is amended by adding immediately after section 108 the following new section:

" Sec. 108 A. // 22 USC 2458a. // (a)(1) Congress consents to the acceptance by a Federal employee of grants and other forms of assistance provided by a foreign government to facilitate the participation of such Federal employee in a cultural exchange--,

"(A) which is of the type described in section 102(a) (2) (i) of this Act,

// 22 USC 2452. //

"(b) which is conducted for a purpose comparable to the purpose stated in section 101 of this Act,

// 22 USC 2451. // and

"(c) which is specifically approved by the Secretary of State for purposes of this section;

but the Congress does not consent to the acceptance by any Federal employee of any portion of any such grant or other form of assistance which provides assistance with respect to any expenses incurred by or for any member of the family or household of such Federal employee.

"(2) For purposes of this section, the term ' Federal employee' means any employee as defined in subparagraphs (A) through (E) of section 7342(a) (i) of title 5 of the United States Code, but does not include a person described in subparagraph (F) of such section.

"(b) The grants and other forms of assistance with respect to which the consent of Congress is given in subsection (a) of this section shall not constitute gifts for purposes of section 7342 of title 5 of the United States Code.

"(c) The Secretary of State is authorized to promulgate regulations for purposes of this section.".

ANNUITY INCREASES FOR ALIEN EMPLOYEES

Sec. 112. Section 444(a) of the Foreign Service Act of 1946, // 22 USC 889. // is amended--,

(1) by inserting "(1)" immediately after "(a)"; and

(2) by inserting the following new paragraph at the end thereof:

"(2) The Secretary may, under such regulations as he may prescribe, make supplemental payments, out of funds appropriated after the date of enactment of this subparagraph for salaries and expenses, to any civil service annuitant who is a former alien employee of the Service (or is a survivor of a former alien employee of the Service) in order to offset exchange rate losses, if the annuity being paid such annuitant is based on (A) a salary that was fixed in a foreign currency that has appreciated in value in terms of the United States dollar, and (B) service in a country in which (as determined by the Secretary) the average retirement benefits being received by those who have retired from competitive local organizations are superior to the local currency value of civil service annuities plus any other retirement benefits payable to alien employees who have retired during similar time periods and after comparable careers with the United States Government.".

MEMBERSHIP AUTHORITY FOR INTERNATIONAL ORGANIZATIONS

Sec. 113. The President is authorized to maintain United States membership in the International Cotton Advisory Committee, the International Lead and Zinc Study Group, the International Rubber Study Group, and the International Seed Testing Association.

PANAMA CANAL

Sec. 114. Any new Panama Canal treaty or agreement negotiated with funds appropriated under this title must protect the vital interests of the United States in the Canal Zone and in the operation, maintenance, property, and defense of the Panama Canal.

INTERNATIONAL JOINT COMMISSION

Sec. 115. After the date of enactment of this Act, any commissioner of the International Joint Commission appointed on the part of the United States, pursuant to article VII of the treaty between the United States and Great Britain relating to boundary waters between the United States and Canada, signed at Washington on January 11, 1909 (36 Stat. 2448; TS 548; III Redmond 2607), shall be appointed by the President by and with the advice and consent of the Senate.

FOREIGN GIFTS

Sec. 116. (a) The Act entitled " An Act to provide certain basic authority for the Department of State", approved August 1, 1956, as amended by section 104 of this Act, is further amended by adding at the end thereof the following new section:

" Sec. 20. // 22 USC 2690. // Any expenditure for any gift for any person of any foreign country which involves any funds made available to meet unforeseen emergencies arising in the Diplomatic and Consular Service shall be audited by the Comptroller General and reports thereon made to the Congress to such extent and at such times as he may determine necessary. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property pertaining to such expenditure and necessary to facilitate the audit.".

STATE DEPARTMENT/ UNITED STATES INFORMATION AGENCY PERSONNEL SYSTEM

Sec. 117. It is the sense of Congress that the proliferation of personnel categories within the State Department and the United States Information Agency (the several categories being characterized by various standards for hiring, tenure, and pay) has resulted in a personnel system susceptible to inefficiency, inequity, and abuse. Therefore, within one hundred and eighty days of the enactment of this Act, the Secretary of State shall transmit to Congress a comprehensive plan for the improvement and simplification of this system, such plan to include a reduction in the number of personnel categories, and proposed legislation if necessary.

PARLIAMENTARY CONFERENCES

Sec. 118. (a) Section 2 of the Act of June 11, 1959 (Public Law 86 - 42; 73 Stat. 72), // 22 USC 276e. // is amended by striking out "$30,000" and inserting in lieu thereof "$50,000", and by striking out "$15,000" each time it appears and inserting in lieu thereof "25,000".

(b) Section 2 of the Act of April 9, 1960 (Public Law 86 - 420; 74 Stat. 40), // 22 USC 2761. // is amended by striking out "$30,000" and inserting in lieu thereof "$50,000", and by striking out "$15,000" each time it appears and inserting in lieu thereof "$25,000".

MEDICAL MALPRACTICE PROTECTION

Sec. 119. Title X of the Foreign Service Act of 1946 // 22 USC 803. // is amended by adding at the end thereof the following new part:

" Part J--Malpractice Protection

" Sec. 1091 // 22 USC 817. // (a) The remedy--,

"(1) against the United States provided by sections 1346(b) and 2672 of title 28 of the United States Code, or

"(2) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under such sections,

for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, pharmacist, or paramedical (including medical and dental assistants and technicians, nursing assistants, and therapists) or other supporting personnel of the Department of State (including the Agency for International Development) in furnishing medical care or related services, including the conducting of clinical studies or investigations, while in the exercise of his or her duties in or for the Department of State or any other Federal department, agency, or instrumentality shall 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 his or her estate) whose act or omission gave rise to such claim.

"(b) The United States Government shall defend any civil action or proceeding brought in any court against any person referred to in subsection (a) of this section (or his or her estate) for any such damage or 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 him or her or an attested true copy thereof to whomever was designated by the Secretary 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 proceeding is brought, to the Attorney General, and to the Secretary.

"(c) Upon a certification by the Attorney General that the defendant was acting within the scope of his or her employment in or for the Department of State or any other Federal department, agency, or instrumentality 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 of the United States Code 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 except that where such remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in that event, the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this section.

"(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 of the United States Code and with the same effect.

"(e) For purposes of this section, the provisions of section 2680 (h) of title 28 of the United States Code shall not apply to any tort enumerated therein arising out of negligence in the furnishing of medical care or related services, including the conducting of clinical studies or investigations.

"(f) The Secretary may, to the extent he deems appropriate, hold harmless or provide liability insurance for any person to whom the immunity provisions of subsection (a) of this section apply, for damages for personal injury, including death, negligently caused by any such person while acting within the scope of his or her office or employment and as a result of the furnishing of medical care or related services, including the conducting of clinical studies or investigations, if such person is assigned to a foreign area or detailed for service with other than a Federal agency or institution, or if the circumstances are such as are likely to preclude the remedies of third persons against the United States provided by sections 1346(b) and 2672 of title 28 of the United States Code, for such damage or injury.

"(g) For purposes of this section, any medical care or related service covered by this section and performed abroad by a covered person at the direction or with the approval of the United States Ambassador or other principal representative of the United States in the area shall be deemed to be within the scope of employment of the individual performing the service.".

APPOINTMENT OF AMBASSADORS

Sec. 120. It is the sense of the Congress that a greater number of positions of ambassador should be occupied by career personnel in the Foreign Service.

DISCRIMINATION

Sec. 121. // 22 USC 2661a. // Information should not be disseminated about opportunities for, and there should be no participation or other assistance by any officer or employee of the Department of State (including the Agency for International Development) in, the negotiation of any contract or arrangement with a foreign country, individual, or entity, if--,

(1) any United States person (as defined in section 7701(a) (30) of the Internal Revenue Code of 1954)

// 26 USC 7701. //

is prohibited from entering into such contract or arrangement, or

(2) such contract or arrangement requires that any such person be excluded from participating in the implementation of such contract or arrangement,

on account of the race, religion, national origin, or sex of such person in the case of an individual or, in the case of a partnership, corporation, association, or other entity, any officer, employee, agent, director, or owner thereof.

TITLE II-- UNITED STATES INFORMATION AGENCY AUTHORIZATION OF APPROPRIATIONS

Sec. 201. (a) There are authorized to be appropriated for the United States Information Agency for fiscal year 1977, to carry out international informational activities and programs under the United States Information and Educational Exchange Act of 1948, // 22 USC 1431 note. // the Mutual Educational and Cultural Exchange Act of 1961, // 22 USC 2451 note. // and Reorganization Plan Numbered 8 of 1953, // 22 USC 1461 note. // and other purposes authorized by law, the following amounts:

(1) For " Salaries and Expenses" and " Salary and Expenses (special foreign currency program)", $255,925,000.

(2) For " Special International Exhibitions", $4,841,000.

(3) For " Acquisition and Construction of Radio

Facilities",

$2,142,000.

(4) Such additional amounts as may be necessary for increases in salary, pay, retirement, other employee benefits authorized by law, or other nondiscretionary costs.

(b) Amounts appropriated under this section are authorized to remain available until expended.

TRANSFER AUTHORITY

Sec. 202. Funds authorized to be appropriated for fiscal year 1977 by any paragraph of section 201(a) (other than paragraph (4) may be appropriated for such fiscal year for a purpose for which appropriations are authorized by any other paragraph of such section (other than paragraph (4)), except that the total amount appropriated for a purpose described in any paragraph of section 201(a) (other than paragraph (4) may not exceed the amount specifically authorized for such purpose by section 201(a) by more than 10 per centum.

PURCHASE OF UNIFORMS

Sec. 203. Section 804 of the United States Information and Educational Exchange Act of 1948 // 22 USC 1474. // is amended--,

(1) by striking out "and" at the end of paragraph (12);

(2) by striking out the period at the end of paragraph (13) and inserting in lieu thereof"; and"; and

"(3) by adding immediately after paragraph (13) the following new paragraph:

"(14) purchase uniforms, when funds are appropriated therefor.".

REPLACEMENT OF PASSENGER MOTOR VEHICLES

Sec. 204. Title VIII of the United States Information and Educational Exchange Act of 1948 // 22 USC 1471. // is amended by adding at the end thereof the following new section:

"REPLACEMENT OF PASSENGER MOTOR VEHICLES

" Sec. 806. // 22 USC 1475a. // The exchange allowances or proceeds derived from the exchange or sale of passenger motor vehicles used abroad for purposes of this Act or the Mutual Educational and Cultural Exchange Act of 1961 // 22 USC 2451 // are authorized to be made available without fiscal year limitation for replacement of an equal number of such vehicles in accordance with section 201(c) of the Federal Property and Administrative Services Act of 1949.". // 40 USC 481. //

BICENTENNIAL DISTRIBUTION OF CERTAIN ITEMS PREPARED BY THE UNITED STATES INFORMATION AGENCY

Sec. 205. (a) Notwithstanding the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948, // 22 USC 1461. // the Director of the United States Information Agency shall make available to the Administrator of General Services, for deposit in the National Archives of the United States, a master copy of each of the films described in subsection (b) and 150 copies of thef exhibit described in subsection (c) and the Administrator shall provide for the distribution of copies of such films and such exhibit for public viewing within the United States in conjunction with the commemoration of the American Revolution Bicentennial.

(b) The films referred to in subsection (a) are the following films which were prepared by the United States Information Agency:

(1) " Echoes", a film sketching the aspirations of American democracy as evoked by heroes and leaders of the past.

(2) " Santa Fe", a film dealing with the historical and social development of Santa Fe, New Mexico, and the surrounding countryside, and with the influence of Spanish, Indian, and Mexican culture on life in the United States Southwest.

(3) " The Numbers Start With the River", a film depicting the quality of life in a small midwestern American town as seen through the eyes of two elderly, lifelong residents of the town.

(4) " The Copland Portrait", a film depicting the life, work, and music of American composer Aaron Copland, including his early student years and early interest in music, his current work with young composers, and his still energetic public performance schedule.

(5) "200", an impressionistic animated cartoon tracing the past two centuries of the development of America.

(6) " Rendezvous", a film portraying the frontier life of American fur trappers.

(7) " Century III-- The Gift of Life", a film describing the advances that have been made in the United States, and the prospects for future such advances, in medical techniques such as organ transplants, prosthesis, and immunology.ment of the

(c) The exhibit referred to in subsection (a) is the exhibit, prepared by the United States Information Agency, entitled " Life, Liberty, and the Pursuit of Happiness". Such exhibit is a collection of pictures and captions, derived primarily from documents contemporaneous with the events represented, depicting early cultural life in the United States and tracing the early economic growth of the United States, the expansion westward, the development of the democratic spirit, and the establishment of American government and legal institutions.

VOICE OF AMERICA BROADCASTS

Sec. 206. Title V of the UNITED STATES INFORMATION and Educational Exchange Act of 1948 // 22 USC 1461. // is amended by adding the following new section:

" Sec. 503. // 22 USC 1463. // VOA news will be accurate, objective, and The long-range interests of the United States are served by communicating directly with the peoples of the world by radio. To be effective, the Voice of America (the Broadcasting Service of the United States Information Agency) must win the attention and respect of listeners. These principles will therefore govern Voice of America (VOA) broadcasts:

"(1) VOA will serve as a consistently reliable and authoritative source of news. VOA news will be accurate, objective, and comprehensive.

"(2) VOA will represent America, not any single segment of American society, and will thereofre present a balanced and comprehensive projection of significant American thought and institutions.

"(3) VOA will present the policies of the United States clearly and effectively, and will also present responsible discussion and opinion on these policies.".

TITLE III-- BOARD FOR INTERNATIONAL BROADCASTING AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Section 8 of the Board of International Broadcasting Act of 1973 // 22 USC 2877. // is amended to read as follows:

" AUTHORIZATION OF APPROPRIATIONS

" Sec. 8. (a) There are authorized to be appropriated to carry out the purposes of this Act for fiscal year 1977--,

"(1) $58,385,000, of which $5,000,000 shall be available only to the extent that the Director of the Office of Management and Budget determines (and so certifies to the Congress) is necessary, because of downward fluctuations in foreign currency exchange rates in order to maintain the budgeted level of operation for Radio Free Europe and Radio Liberty; and

"(2) such additional amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs.

Amounts appropriated under this section are authorized to remain available until expended.

"(b) The Director of the Office of Management and Budget shall place in reserve and inform the Congress of any amount appropriated under this section which, because of upward fluctuations in foreign currency exchange rates, is in excess of the amount necessary to maintain the budgeted level of operation for Radio Free Europe and Radio Liberty.".

Sec. 302. (a) Section 3(b) of the Board for International Broadcasting Act of 1973, // 22 USC 2872. // is amended--,

(1) in paragraph (1)--,

(A) in the first sentence, by striking out "seven members, two of whom shall be ex officio members" and inserting in lieu thereof "six members, one of whom shall be an ex officio member" and (B) in the fourth sentence, by striking out "the chief operating executive of Radio Liberty shall be ex officio

members"

and inserting in lieu thereof " Radio Liberty shall be

an ex

officio member";

(2) by amending paragraph (4) to read as follows:

"(4) Term of Office of the Ex Officio Member.--The ex officio member of the Board shall serve on the Board during his term of service as chief operating executive of Radio Free Europe and Radio Liberty."; and

(3) in the third sentence of paragraph (5), by striking out " Ex officio members" and inserting in lieu thereof " The ex officio member".

(b) Section 3 of such Act is further amended by adding at the end thereof the following new subsection:

"(c) The Board may, to the extent it deems necessary to carry out its functions under this Act, procure supplies, services, and other personal property, including specialized electronic equipment.".

(c) Paragraph (8) of section 4(a) of such Act // 22 USC 2873. // is amended--,

(1) by striking out "30th day of October" and inserting in lieu

thereof "31st day of January"; and

(2) by striking out " June" and inserting in lieu thereof

" September".

TITLE IV- MISCELLANEOUS JAPAN- UNITED STATES FRIENDSHIP ACT

Sec. 401. The Japan-United States Friendship Act (Public Law 94 - 118) // 22 USC 2901 note. // is amended--,

(1) in paragraph (10) of section 6 by striking out "from the Secretary of State, on a reimbursable basis,";

(2) in section 3(d) by striking out the period at the end thereof and inserting in lieu thereof", including interest and proceeds accruing to the Fund from such funds in accordance with sections 6(4) and 7 of this Act.";

(3) (A) in section 3(e) (1) by striking out the period at the end thereof and inserting in lieu thereof "and interest and proceeds accruing to the Fund from such funds in accordance with sections 6(4) and 7 of this Act."; and

(B) in section 7(b)

// 22 USC 2906. //

by inserting "of amounts authorized to be appropriated under section 3(d) of this Act" immediately after "investment" in the second sentence.

FOREIGN CURRENCY REPORTS

Sec. 402. Section 502(b) of the Mutual Security Act of 1954 // 22 USC 1754. // is amended by adding at the end thereof the following new sentence: " Each such consolidated report shall be published in the Congressional Record within ten legislative days after it is forwarded pursuant to this subsection.".

REPORT ON INTERNATIONAL BROADCASTING

Sec. 403. Not later than January 31, 1977, the President shall submit to the Congress a report--,

(1) recommending steps to be taken to utilize more effectively the transmission facilities for international broadcasting, both existing and planned, of the United States Government;

(2) examining the feasibility of greater cooperation with foreign countries to insure mutually efficient use of nationally owned and nationally funded transmission facilities for international broadcasting;

(3) containing a comprehensive outline of projected needs for United States international broadcasting operations based on anticipated language requirements and anticipated cooperation among various agencies of the United States Government, United States Government-funded organizations, and foreign governments involved in international broadcasting; and

(4) recommending steps which should be taken to extend broadcasting operations similar to those carried out under the Board for International Broadcasting Act of 1973

// 22 USC 2871 note. //

to additional countries where access to information is restricted by the policies of the governments of such countries.

TITLE V- FOREIGN SERVICE RETIREMENT SHORT TITLE

Sec. 500. This title may be cited as the " Foreign Service Retirement Amendments of 1976". // 22 USC 801 note. //

FOREIGN Service STAFF PARTICIPATION

Sec. 501. (a) Section 803 of the Foreign Service Act of 1946, // 22 USC 1063. // is amended by adding the following paragraph at the end of subsection (a) thereof:

"(4) All Foreign Service staff officers and employees appointed by the Secretary of State or the Director of the United States information Agency with unlimited appointments.".

(b) Section 803 of such Act is further amended by changing the reference at the end of subsection (b)(2) from "852(b)" to "811".

(c) Section 803 of such Act is further amended by striking out sub-section (c) thereof.

DEFINITIONS

Sec. 502. (a) The caption of section 804 of such Act // 22 USC 1064. // is amended to read " Definitions".

(b) Section 804 of such Act is amended by striking out all of such section except paragraphs (4), (5), and (6) of subsection (b) and inserting in lieu thereof the following:

" When used in this title unless otherwise specified, the term--,

(1) ' Annuitant' means any person including a former participant or survivor who meets all requirements for an annuity from the Fund under the provisions of this or any other Act and who has filed claim therefor.

"(2) ' Surviving spouse' means the surviving wife or husband of a participant or annuitant who, in the case of a death in Service or marriage after retirement, was married to the participant or annuitant for at least two years immediately preceding his or her death or is the parent of a child born of the marriage.

"(3) ' Child', except in section 841,

// 22 USC 1086. //

means an unmarried child, under the age of eighteen years, or such unmarried child regardless of age who because of physical or mental disability incurred before age eighteen is incapable of self-support. In addition to the offspring of the participant, such term includes (A) an adopted child, (B) a stepchild or recognized natural child who received more than one-half support from the participant, and (C) a child who lived with and for whom a petition of adoption was filed by a participant, and who is adopted by the surviving spouse of the participant after the latter's death. Such term also includes an unmarried student below the age of twenty-two years. For this purpose a child whose twenty-second birthday occurs before July 1 or after August 31 of a calendar year, and while a student is deemed to have become twenty-two years of age on the first day of July after that birthday.

"(4) ' Student' means a child regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. A child who is a student shall not be deemed to have ceased to be a student during any interim between school years, semesters, or terms if the interim or other period of nonattendance does not exceed five calendar months and if the child shows to the satisfaction of the Secretary that he or she has a bona fide intention of continuing to pursue such course during the school year, semester, or term immediately following the interim.

"(5) ' Military and naval service' means honorable active service--,

"(A) in the Armed Forces of the United States; "(B) in the Regular or Reserve Corps of the Public Health Service after June 30, 1960; or "(C) as a commissioned officer of the National Oceanic and Atmospheric Administration or predecessor organization after June 30, 1961;

but does not include service in the National Guard except when ordered to active duty in the service of the United States.

"(6) ' Foreign Service normal cost' means the level percentage of payroll required to be deposited in the Fund to meet the cost of benefits payable under the System (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for Government

employees and less the cost of credit allowed for military

service.".

(c) Section 804 of such Act // 22 USC 1064. // is further amended by redesignating present paragraphs (4), (5), and (6) of subsection (b) as paragraphs (7), (8), and (9), respectively.

CONFORMITY WITH CIVIL SERVICE RETIREMENT SYSTEM

Sec. 503. Immediately after section 804 of such Act, insert the following new section:

" AUTHORITY TO MAINTAIN EXISTING AREAS OF CONFORMITY BETWEEN CIVIL SERVICE AND FOREIGN SERVICE RETIREMENT SYSTEMS

" Sec. 805. (a) In order to maintain existing conformity between the Civil Service Retirement and Disability System and the Foreign Service Retirement and Disability System, whenever (subsequent to January 1, 1974) a law is enacted which affects a provision of general applicability in the Civil Service Retirement and Disability System (subchapter III, chapter 83, title 5, United States Code) or otherwise affects current or former participants, annuitants, or survivors under that System which, immediately prior to the enactment of such law, had been substantially identical to a corresponding provision of law affecting participants, former participants, annuitants, or survivors under the Foreign Service Retirement and Disability System, such new provision of law shall be deemed to extend to the latter System so that it applies in like manner with respect to such Foreign Service Retirement and Disability System participants, former participants, annuitants, or survivors. The President is authorized by Executive order to prescribe regulations to implement this section and to make such extension retroactive to a date no earlier than the effective date of such provision for the Civil Service Retirement and Disability System.

"(b) Any provisions of an Executive order issued under the authority of this section shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith--,

"(1) all provisions of law enacted prior to the effective date of the provision of such Executive order, and

"(2) any prior provision of an Executive order issued under authority of this section.".

CONTRIBUTIONS

Sec. 504. (a) The heading of part B of title VIII of such Act is amended to read " Contributions to the Fund".

(b) Section 811 of such Act // 22 USC 1071. // is amended by adding the following at the end thereof:

"(c) (1) If an officer or employee under another retirement system for Government employees becomes a participant in the system by direct transfer, such officer or employee's total contributions and deposits that would otherwise be refundable on separation including interest accrued thereon, except voluntary contributions, shall be transferred to the Fund effective as of the date such officer or employee becomes a participant in the System. Each such officer or employee shall be deemed to consent to the transfer of such funds and such transfer shall be a complete discharge and acquittance of all claims and demands against the other Government retirement fund on account of service rendered prior to becoming a participant in the system.

"(2) No officer or employee, whose contributions are transferred to the Fund in accordance with the provisions of subsection (c)(1)) of this section, shall be required to make contributions in addition to those transferred, for periods of service for which required contributions were made to the other Government retirement fund, nor shall any refund be made to any such officer or employee on account of contributions made during any period to the other Government retirement fund, at a higher rate than that fixed by subsection (d) of this section.

"(d) Any participant credited with civilian service after July 1, 1924 (1) for which no retirement contributions, deductions, or deposits have been made, or (2) for which a refund of such contributions, deductions, or deposits has been made which has not been redeposited, may make a special contribution to the Fund equal to the following percentages of basic salary received for such services:

Service: % From July 1, 1921, to October 15, 1960, inclusive------- 5 From October 16, 1960, to December 31, 1969, inclusive-- 6 1/2 On and after January 1, 1970----------------------------- 7

Notwithstanding the foregoing, a special contribution for prior nondeposit service as a National Guard technician which would be creditable under subchapter III, chapter 83, title 5, of the United States Code toward civil service retirement and for which a special contribution has not been made, shall be equal to the special contribution for such service computed in accordance with the above schedule multiplied by the percentage of such service that is creditable under section 851. Special contributions shall include interest computed from the midpoint of each service period included in the computation, or from the date refund was paid, to the date of payment of the special or commencing date of annuity, whichever is earlier. Interest shall be compounded at the rate of 4 per centum per annum to December 31, 1976, and at 3 per centum per annum thereafter. No interest shall be charged on special contributions made after the effective date of the Foreign Service Retirement Amendments of 1976 for any period of spearation from Government service which began before October 1, 1956. Special contributions may be paid in installments when authorized by the Secretary.

"(e) No contributions shall be required for any periods of military or naval service.

"(f) A participant or survivor may make a special contribution any time before receipt of annuity and may authorize payment by offset against initial annuity accruals.".

COMPUTATION OF ANNUITIES

Sec. 505. (a) The heading of part C of title VIII of such Act is amend to read " Computation and Payment of Annuities".

(b) Subsection (a) of section 821 of such Act // 22 USC 1076. // is amended (1) by striking out the phrase "for which full contributions have been made to the Fund" each time it appears and by striking out the commas immediately preceding and following such phrase the first time it appears, (2) by striking out "852", and (3) by adding the following sentence at the end thereof: " The annuity shall be reduced by 10 per centum of any special contribution described in section 811( d) due for service for which no contributions were made and remaining unpaid unless the participat elects to eliminate the service involved for purposes of annuity computation.".

(c) Subsection (b) of section 821 of such Act is amended to read as follows:

"(b) (1) Unless elected in writing to the contrary at the time of retirement, any married participant shall receive a reduced annuity and provide a maximum survivor annuity for his or her spouse. Such a participant's annuity or any portion thereof designated in writing by the participant as the base for the survivor benefit shall be reduced by 2 1/2 per centum of the first $3,600 plus 10 per centum of any amount over $3,600. If an annuitant entitled to receive a reduced annuity under this subsection dies and is survived by a spouse, a survivor annuity shall be paid to the surviving spouse equal to 55 per centum of the full amount of the participant's annuity computed under subsection (a) of this section, or by 55 per centum of any lesser amount the annuitant designated at the time of retirement as the base fo the survivor benefit.

"(2) An annuity payable from the Fund to a surviving spouse shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the survivor's (A) remarriage prior to attaining age sixty, or (B) death. If a survivor annuity is terminated because of remarriage under clause (A) above, it shall be restored at the same rate commencing on the date such remarriage is terminated provided any lump sum paid upon termination of the annuity is returned to the Fund.".

(d) Subsection (d) of section 821 of such Act is amended by adding the following sentence at the end thereof: " If the annuity to a surviving child is initiated or resumed, the annuities of any other children shall be recomputed and paid from that date as though the annuities to all currently eligible children in the family were then being initiated.".

(e) Subsection (e) of section 821 of such Act is amended to read as follows:

"(e) The annuity payable to a child under subsection (c) or (d) of this section shall begin on the day after the participant dies or if the child is not then qualified, on the first day of the month in which the child becomes eligible. A child's annuity shall terminate on the last day of the month which precedes the month in which eligibility ceases.".

(f) Subsection (f) of section 821 of such Act is amended (1) by striking out "50" in the first sentence and inserting in lieu thereof "55", and (2) by striking out the last two sentences and inserting in lieu thereof the following: " The annuity payable to a beneficiary under the provisions of this subsection shall begin on the day after the annuitant dies and shall terminate on the last day of the month preceding the survivor's death.".

(g) Section 821 of such Act // 22 USC 1076. // is further amended by adding the following new subsections at the end thereof:

"(g) An annuitant who was married at retirement and who later marries may, within one year after such marriage, irrevocably elect in writing a reduced annuity with benefit to any surviving spouse who qualities under section 804(2).

// 22 USC 1064. //

Receipt by the Secretary of notice of an election under this subsection voids prospectively any election previously made under subsection (f). The reduction in annuity required by an election under this subsection shall be computed and the amount of the survivor annuity shall be determined as if the election were made under subsection (b) (1). The annuity reduction or recomputation shall be effective the first day of the month after notice of the election is received by the Secretary.

"(h) A surviving spouse shall not become entitled to a survivor annuity or to the restoration of a survivor annuity payable from the Fund unless the survivor elects to receive it instead of any other survivor annuity to which he or she may be entitled under this or any other retirement system for Government employees.

"(i) Any married annuitant who reverts to retired status with entitlement to a supplemental annuity under section 871 shall, unless the annuitant elects in writing to the contrary at that time, have the supplemental annuity reduced by 10 per centum to provide a supplemental survivor annuity for his or her spouse. Such supplemental survivor annuity shall be equal to 55 per centum of the annuitant's supplemental annuity and shall be payable to a surviving spouse to whom the annuitant was married at the time of reversion to retired status or to whom the annuitant had been married for at least two years at the time of death or who is the parent of a child born of the marriage.".

PAYMENT OF ANNUITIES

Sec. 506. Part C of title VIII of such Act, // 22 USC 1076. // is further amended by adding the following new section at the end thereof:

" PAYMENT OF ANNUITY

" Sec. 822. // 22 USC 1076a. // (a) Except as otherwise provided, the annuity of a former participant who has met the eligibility requirements for annuity shall commence on the day after separation from the Service or on the day after pay ceases. The annuity of a former participant who is entitled to a deferred annuity under section 834 // USC 1084. // or under any other section of this Act shall begin on the day he or she reaches age sixty.

"(b) The annuity to a survivor shall become effective as otherwise specified but shall not be paid until the survivor submits an application therefor supported by such proof of eligibility as the Secretary may require. If such application or proof of eligibility is not submitted during an otherwise eligible person's lifetime, no annuity shall be due or payable to his or her estate.

"(c) An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by submitting a signed waiver to the Secretary. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect.

"(d) Recovery of overpayments under this title may not be made from an individual when, in the judgment of the Secretary, the individual is without fault and recovery would be against equity and good conscience or administratively infeasible.".

DISABILITY ANNUITIES

Sec. 507. Section 831 of such Act // 22 USC 1081. // is amended--,

(1) in subsection (a) thereof by striking out "that is

credited

in accordance with provisions of section 851 or 852(a) (2)";

(2) in subsection (c) thereof by striking out "(a)" following "section 741";

(3) by amending subsection (d) thereof to read as follows;

"(d) No participant shall be entitled to receive an annuity under this Act and compensation for infury or disability to himslef or herself under subchapter 1 of chapter 81, title 5, United States Code, covering the same period of time except that a participant may simutaneously receive both an annuity under this section and scheduled disability payments under section 8107 of title 5, United States Code. This provision shall not bar the right of any claimant to the greater benefit conferred by either this Act or such subchapter for any part of the same period of time. Neither this provision nor any provision of such subchapter shall be so construed as to deny the right of any participant to receive an annuity under this Act and to receive concurrently currently any payment under such subchapter by reason of the death of any other person."; and

(4) in subsection (e) thereof by striking out "section 14 of the Act of September 16, 1916, as amended" and inserting in lieu thereof "section 8135 of title 5, United States Code".

DEATH IN SERVICE

Sec. 508. (a) Section 832 of such Act // 22 USC 1082. // is amended by amending subsections (a), (b), (c), and (d) to read as follows:

"(a) If a participant dies and no claim for annuity is payable under the provisions of this Act, the lump-sum credit shall be paid in accordance with section 841.

"(b) If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is survived by a spouse, such surviving spouse shall be entitled to an annuity equal to 55 per centum of the annuity computed in accordance with the provisions of subsection

(e) of this section and of section 821(a) // 22 USC 1076. //

and if the participant had less than three years creditable civilian service at the time of death, the survivor annuity shall be computed on the basis of the average salary for the entire period of such service.

"(c) If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is survived by a wife or a husband and a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c) (1) and (d) of section 821.

"(d) If a participant who has at least eighteen months of civilian service credit toward retirement under the system dies before separation or retirement from the Service and is not survived by a wife or husband, but by a child or children, each surviving child shall be entitled to an annuity computed in accordance with subsections (c) (2) and (d) of section 821.".

(b) Section 832 of this Act // 22 USC 1082. // is further amended by adding the following new subsections at the end:

"(f) If an annuitant who elected a reduced annuity dies in service

after being recalled under section 520(b), // 22 USC 915. //

and is survived by a spouse entitled to a survivor annuity based on such an election, such survivor annuity shall be computed as if the recall service had otherwise terminated on the day of death and the deceased's annuity had been resumed in accordance with section 871. If such a death occurs after the annuitant had completed sufficient recall service to attain eligibility for a supplemental annuity, a surviving spouse, in addition to any other benefits, shall be entitled to elect, in lieu of a refund of retirement contributions made during the recall service, a supplemental survivor annuity computed and paid under section 821 (i)

// 22 USC 1076. //

as if the recall service had otherwise terminated. If the annuitant had completed sufficient recall service to attain eligibility to have his or her annuity determined anew, a surviving spouse may elect, in lieu of any other benefit under this title, to have the annuitant's rights redetermined and to receive a survivor annuity computed under subsection (b) of this section on the basis of the annuitant's total service.

"(g) Annuities that become payable under this section shall commence, terminate, and be resumed in accordance with subsection (b) (2), (e), or (h) of section 821, as appropriate.".

DISCONTINUED SERVICE-- TECHNICAL CHANGE

Sec. 509. Section 834 of such Act // 22 USC 1084. // is amended (1) by striking out "(a)" immediately following " Sec. 834."; (2) by striking out "that is credited in accordance with the provisions of section 851 or 852(a) (2)" in subsection (a) thereof; and (3) by striking out subsection (b) thereof.

LUMP- SUM PAYMENTS

Sec. 510. Part E of title VIII of such Act is amended to read as follows:

" Part E--Lump-Sum Payments

" Sec. 841. (a) ' Lump-sum credit' as used in this title means the compulsory and special contributions to a participant's or former participant's credit in the Fund plus interest thereon compounded at 4 per centum per annum to the date of separation or December 31, 1976, whichever is earlier, and after such date for a participant who separates from the Service after completing at least one year of civilian service and before completing five years of such service, at the rate of 3 per centum per annum to the date of separation. Interest shall not be paid for a fractional part of a month in the total service or on compulsory and special contributions from an annuitant for recall service or other service performed after the date of separation which forms the basis for annuity.

"(b) Whenever a participant becomes separated from the Service without becoming eleigible for an annuity or a deferred annuity in accordance with the provisions of this Act, the lump-sum credit shall be paid to the participant.

"(c) Whenever an annuitant becomes separated from the Service following a period of recall service without becoming eligible for a supplemental or recomputed annuity under section 871, the annuitant's compulsory contributions to the Fund for such service together with any special contributions the annuitant may have made for other service performed after the date of separation from the Service which forms the basis for annuity, shall be returned.

"(d) If all annuity rights under this title based on the service of a deceased participant or annuitant terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid in the order of precedence shown in subsection (g) of this section.

"(e) If a participant or former participant dies and is not survived by a person eligible for an annuity under this title or by such a person or persons all of whose annuity rights terminate before a claim for survivor annuity is filed, the lump-sum credit shall be paid in accordance with subsection (g) of this section.

"(f) If an annuitant who was a former participant dies, annuity accrued and unpaid, shall be paid in accordance with subsection (g) of this section.

"(g) Payments authorized in subsections (d) through (f) of this section shall be paid in the following order of precedence to such person or persons surviving the participant and alive on the date entitlement to the payment arises, upon the establishment of a valid claim therefor, and such payment shall be a bar to recovery by any other person:

"(1) to the beneficiary or beneficiaries last designated by the participant before or after retirement in a signed and witnessed writing received by the Secretary prior to the participant's death, for which purpose a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed shall have no force or effect;

"(2) if there be no such beneficiary, to the surviving wife or husband of such participant;

"(3) if none of the above, to the child or children of such participant (including adopted and natural children but not step-children) and descendants of deceased children by representation;

"(4) if none of the above, to the parents of such participant or the survivor of them;

"(5) if none of the above, to the duly appointed executor or administrator of the estate of such participant; and

"(6) if none of the above, to other next of kin of such participant as may be determined in the judgment of the Secretary to be legally entitled thereto, except that no payment shall be made pursuant to this paragraph (6) until after the expiration of thirty days from the death of the participant or annuitant.

"(h) Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person; First, to the duly appointed executor or administrator of the estate of the survivor annuitant; second, if there is no such executor or administrator, payment may be made, after the expiration of thirty days from the date of death of such survivor annuitant, to such person as may be determined by the Secretary to be entitled under the laws of the survivor annuitant's domicile at the time of death.

"(i) Amounts deducted and withheld from basic salary of a participant under section 811 // 22 USC 1071. // from the beginning of the first pay period after the participant has completed thirty-five years of service computed under sections 851 and 853, but excluding service credit for unused sick leave under subsection (b) of section 851, // 22 USC 1093. // together with interest on the amounts at the rate of 3 per centum a year compounded annually from the date of the deduction to the date of retirement or death, shall be applied toward any special contribution due under subsection (d) of section 811, and any balance not so required shall be refunded in a lump sum to the participant after separation or, in the event of a death in service, to a beneficiary in the order of precedence specified in subsection (g) of this section.".

CREDITABLE SERVICE

Sec. 511. (a) The heading of section 851 of such Act is amended to read as follows: " CREDITABLE SERVICE".

(b) Subsection (a) of section 851 of such Act // 22 USC 1091. // is amended to read as follows:

"(a) Except as otherwise specified by law, all periods of civilian and military and naval service and periods of absence and separation therefrom completed by a participant through the date of final separation from the Service that would be creditable, as determined by the Secretary, under section 8332 of title 5, United States Code, toward retirement under the Civil Service Retirement and Disability System, if performed by an employee under that system, shall be creditable for purposes of this title. Conversely, any such services performed after December 31, 1976, that is not creditable under specified conditions under section 8332 of title 5, United States Code, shall be excluded under this title under the same conditions.".

(c) Section 851 of such Act is further amended by adding the following new subsections at the end thereof:

"(c) (1) A participant who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of Government employees may, within sixty days after entering on that leave without pay, file with the employing agency an election to receive full retirement credit for such periods of leave without pay and arrange to pay concurrently into the Fund through the employing agency, amounts equal to the retirement deductions and agency contributions on the Foreign Service salary rate that would be applicable if the participant were in a pay status. If the election and all payments provided by this subsection are not made for the periods of such leave without pay occurring after the effective

date

of this subsection, the participant may not receive any credit for such periods of leave without pay occurring after such date.

"(2) A participant may make a special contribution for any period

or periods of approved leave without pay while serving, before th effective date of this subsection, as a full-time officer or employee of an organization composed primarily of Government employees. Any such contribution shall be based upon the suspended Foreign Service salary rate, and shall be computed in accordance with section 811. A participant who makes such a contribution shall be allowed full retirement credit for the period or periods of leave without pay. If this contribution is not made, up to six months' retirement credit shall be allowed for such periods of leave without pay each calendar year.

"(d) A participant who has received a refund of retirement contributions (which has not been repaid) under this or any other retirement system for Government employees covering service which may be creditable may make a special contribution for such service pursuant to section 811. Credit may not be allowed for service covered by the refund unless the special contribution is made.

"(e) No credit in annuity computation shall be allowed for any period of civilian service for which a participant made retirement contributions to another retirement system for Government employees unless (1) the right to any annuity under the other system which is based on such service is waived, and (2) a special contribution is made covering such service pursuant to section 811. // 22 USC 1071. //

"(f) A participant who during the period of a war, or of a national emergency as proclaimed by the President or declared by the Congress, leaves the Service to enter the military service is deemed, for the purpose of this title, as not separated from the Service unless the participant applies for and receives a lump-sum payment under section 841. However, the participant is deemed to be separated from the Service after the expiration of five years of such military service.".

FUNDING NORMAL COST

Sec. 512. Section 865 of such Act // 22 USC 1105. // is amended (1) by inserting "(a)" immediately after " Sec. 865.", and (2) by adding the following new subsection at the end thereof:

"(b) There is authorized to be appropriated to the Fund for each fiscal year an amount equal to the amount of the Foreign Service normal cost for that year which is not met by contributions to the Fund under section 811(a).".

ANNUITY ADJUSTMENT FOR RECALL SERVICE

" Sec. 513. Section 871 of such Act // 22 USC 1111. // is amended to read as follows:

"ANNUITY Adjustment FOR RECALL SERVICE

" Sec. 871. Any annuitant recalled to duty in the Service in accordance with the provisions of section 520(b) shall, while so serving, be entitled in lieu of annuity to the full salary of the class in which serving. During such service, the recalled annuitant shall make contributions to the Fund in accordance with the provisions of section 811. On the day following termination of the recall service, the former annuity shall be resumed adjusted by any cost-of-living increases under section 882 that became effective during the recall period. If the recall service lasts less than one year, the annuitant's contributions to the Fund during recall service shall be refunded in accordance with section 841. If the recall service lasts more than one year, the annuitant may, in lieu of such refund, elect a supplemental annuity computed under section 821 on the basis of service credit and average salary earned during the recall period irrespective of the number of years of service credit previously earned. If the recall service continues for at least five years, the annuitant may elect to have his or her annuity determined anew under section 821 in lieu of any other benefits under this section. Any annuitant who is recalled under section 520(b) may, upon written application, count as recall service any prior service that is creditable under section 851 that was performed after the separation upon which his or her annuity is based.".

VOLUNTARY CONTRIBUTIONS

Sec. 514. (a) Section 881 (a) of such Act // 22 USC 1116. // is amended by striking out that portion of such section which precedes paragraph (1) and inserting in lieu thereof the following:

"(a) The Voluntary contribution account shall be the sum of unrefunded amounts heretofore voluntarily contributed by any participant or former participant under this section or under a prior corresponding provision of law, plus interest compounded at the rate of 3 per centum per annum to date of separation from the Service or in case of a participant or former participant separated with entitlement to a deferred annuity to the date the voluntary contribution account is claimed, or to the commencing date fixed for the deferred annuity or to the date of death, whichever is earlier. A participant's or former participant's account shall, effective on the date the participant becomes eligible for an annuity or a deferred annuity and at the participant's election, be--".

(b) Section 881 of such Act

// 22 USC 1116. //

is further amended by striking out subsections (c) and (d) thereof and by inserting in lieu thereof the following:

"(c) A voluntary contribution account shall be paid in a lump sum following receipt of an application therefor from a present or former participant proveded application is filed prior to payment of any additional annuity. If not sooner paid, the account shall be paid at such time as the participant separates from the Service for any reason without entitlement to an annuity, or a deferred annuity or at such time as a former participant dies or withdraws compulsory contributions to the Fund. In case of death, the account shall be paid in the order of precedence specified in section 841(g).".

COST- OF- LIVING ADJUSTMENTS

Sec. 515. (a) Subsections (a), (b), and (c) of section 882 of such Act // 22 USC 1121. // are amended to read as follows:

"(a) A cost-of-living annuity increase shall become effective under this section on the effective date of each such increase under section 8340(b) of title 5, United States Code. Each such increase shall be applied to each annuity payable from the Fund which has a commencing date not later than the effective date of the increase.

"(b) The first annuity increase under this section after the effective date of this paragraph shall equal the per centum rise in the price index, adjusted to the nearest one-tenth of 1 per centum, between the month last used to establish an increase under this section and the base month used to establish the concurrent increase under section 8340(b) of title 5, United States Code. Each subsequent annuity increase under this section shall be identical to the corresponding percentage increase under section 8340(b) of title 5, United States Code.

"(c) Eligibility for an annuity increase under this section shall be governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase except as follows:

"(1) An annuity, except a deferred annuity under section 834 or any other section of this Act, payable from the Fund to a participant who retires and receives an immediate annuity, or to a surviving spouse of a deceased participant who dies in service or who dies after being separated under the provisions of section 634(b) (2),

// 22 USC 1004. //

which has a commencing date after the effective date

of the then last preceding general annuity increase

under this

section shall not be less than the annuity which would

have been

payable if the commencing date of such annuity had been

the

effective date of such last preceding increase. In the

administration

of this paragraph, the number of days of unused sick

leave

to an employee's or deceased employee's credit on the

effective

date of the then last preceding general annuity

increase

under

this section shall be deemed to be equal to the number

of days

of unused sick leave to his or her credit on the day of

separation

from the Service.

"(2) Effective from its commencing date, an annuity payable from the Fund to annuitant's survivor, except a child entitled under section 821(c) or 832 (c) or (d)

// 22 USC 076. //

shall be increased by the

total per centum increase the annuitant was receiving

under this

section at death.

"(3) For purposes of computing or recomputing an annuity to a child under section 821 (c) or (d) or 832 (c) or (d), the items $900, $1,080, $2,700 and $3,240 appearing in section 821 (c) shall be increased by the total per centum increases by which corresponding amounts are being increased under section 8340 of title 5, United States Code, on the date the child's annuity becomes effective.".

(b) Section 882 of such Act // 22 USC 1121. // is further amended by adding the following new subsection at the end thereof:

"(f) Effective the first day of the second month which begins after the effective date of the Foreign Service Retirement Amendments of 1976 or on the commencing date of an annuity, whichever is later, the annuity of each surviving spouse whose entitlement to annuity resulted from the death--,

"(1) before the effective date of the Foreign Service Retirement Amendments of 1976, of (A) a participant, or (B) a former participant entitled to benefits under section 634(b);

// 22 USC 1004. //

or

"(2) of an annuitant who, prior to the effective date of the Foreign Service Retirement Amendments of 1976, elected a reduced annuity under this or any other Act in order to provide a spouse's survivor annuity; shall be increased by 10 per centum.". REPEALS

Sec. 516. Sections 833, 852, and 854 of such Act // 22 USC 1083, 1092, 1094. // are repealed.

RECALL

Sec. 517. (a) The caption of section 520 of such Act is amended to read " REAPPOINTMENT AND RECALL".

(b) Subsection (b) of section 520 of such Act // 22 USC 915. // is amended to read as follows:

"(b) Whenever the Secretary determines it to be in the public interest, any retired officer or employee of the Service may be recalled for active duty on a temporary or limited basis to any appropriate class in his or her former category, except that a retired Foreign Service officer may not be recalled to a class higher than he or she held at the time of retirement unless appointed to the higher class by the President by and with the advice and consent of the Senate.".

RETIREMENT OF CAREER AMBASSADORS

Sec. 518. Section 631 and the heading thereto of such Act // 22 USC 1001. // are amended to read as follows:

" FOREIGN SERVICE OFFICERS WHO ARE CAREER AMBASSADORS

" Sec. 631. Any Foreign Service officer who is a career ambassador, other than one occupying a position as chief of mission or any other position to which appointed by the President, by and with the advice and consent of the Senate, shall be retired from the Service at the end of the month in which the officer reaches age sixty-five and receive retirement benefits in accordance with the provisions of section 821, but whenever the Secretary shall determine it to be in the public interest, such an officer may be retained on active service for a period not to exceed five years. Any such officer who completes a period of authorized service after reaching age sixty-five shall be retired at the end of the month in which such service is completed.".

RETIREMENT OF PARTICIPANTS WHO ARE NOT CAREER AMBASSADORS

Sec. 519. Section 632 of such Act // 22 USC 1002. // is amended to read as follows:

" PARTICIPANTS IN THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM WHO ARE NOT CAREER AMBASSADORS

" Sec. 632. Any participant in the Foreign Service Retirement and Disability System, other than one occupying a position as chief of mission or any other position to which appointed by the President, by and with the advice and consent of the Senate, who is not a career ambassador shall be retired from the Service at the end of the month in which the participant reaches age sixty and receive retirement benefits in accordance with the provisions of section 821, but whenever the Secretary shall determine it to be in the public interest, such a participant may be retained on active service for a period not to exceed five years. Any such participant who completes a period of authorized service after reaching age sixty shall be retired at the end of the month in which such service is completed.".

SELECTION- OUT BENEFITS

Sec. 520. Section 634(b) (2) of such Act // 22 USC 1004. // is amended by striking out--,

(1) ", with interest" after the words " Disability Fund" the first time the latter appears;

(2) "(a)" after "section 841" the first time the latter appears;

(3) "that is credited in accordance with the provisions of section

851 or 852(a)" after "naval service";

(4) ", with interest as provided in section 841(a)", after " Disability Fund" the last time the latter appears; and

(5) "(b)" after "section 841" the last time the latter appears.

SEPARATION FOR CAUSE

Sec. 521. (a) Section 637 of such Act // 22 USC 1007. // is amended by striking from the first sentence of subsection (b) thereof--,

(1) ", with interest" after " Disability Fund";

(2) "(a)" after "section 841"; and

(3) "that is credited in accordance with the provisions of section 851 or 852(a)" after "naval service".

(b) Such subsection (b) is further amended by striking out the last sentence thereof.

CONVERSION TO FOREIGN SERVICE RETIREMENT SYSTEM

Sec. 522. // 22 USC 1063. // (a) In accordance with such regulations as the President may prescribe, all Foreign Service staff officers and employees with unlimited appointments who (1) have been appointed by the Secretary of State or the Director, United States Information Agency, and (2) are participants in the Civil Service Retirement and Disability System on the effective date of this section, shall be transferred to the Foreign Service Retirement and Disability System effective on such date. Their retirement contreibutions shall be transferred in accordance with section 811 of the Foreign Service Act of 1946, as amended by this title.

(b) Mandatory retirement at age sixty as prescribed in section 632 of the Foreign Service Act of 1946, as amended by this title, shall not apply to any Foreign Service staff officer or employee who becomes a participant in the Foreign Service Retirement and Disability System pursuant to subsection (a) of this section until such officer or employee completes ten years of continuous service in the Foreign Service exclusive of military service, in the Department of State or ten years of such continuous service in the United States Information Agency.

(c) Any Foreign Service staff officer or employee who becomes a participant in the Foreign Service Retirement and Disability System pursuant to subsection (a) of this section who is age fifty-seven or over on the effective date of this section may retire voluntarily at any time prior to mandatory retirement and receive retirement benfits under section 821 of the Foregin Service Act of 1946, as amended by this title.

(d) Section 9(b) of the Act of August 20, 2968 (82 Stat. 812) // 22 USC 1229 and note. // is repealed on the effective date of this section.

GRANTS TO CERTAIN WIDOWS AND SURVIVOR ANNUITY ELECTIONS

Sec. 523. // 22 SC 1076 note. // (a) A Foreign Service annuitant who was married at the time of retirement, whose service terminated prior to October 16, 1960, and who has not elected any survivor benefit, may, within on hundred and twenty days after the effective date of this title, elect a reduction in his or her annuity of $300 per annum and provide a survivor benefit of $2,400 per annum payable to the annuitant's surviving spouse provided the marriage had been in effect for at least two years at the time of death or resulted in the birth of a child. The survivor annuity shall be treated in all respects as if it had been elected under section 821(b) of the Foreign Service Act of 1946, as amended by this title.

(b) An annuitant who makes an election under subsection (a) of this section shall pay into the Foreign Service Retirement and Disability Fund an amount equal to $25 times the number of full months between the commencing date of his or her annuity and the first of the month following receipt of notice of election by the Secretary of State. This amount may be paid into such Fund by deduction from annuity in multiples of $25 per month. The annuity reduction under subsection (a) of this section and the deduction under this subsection shall commence effective the first of the month following receipt of notice of the election by the Secretary of State. The deduction under this subsection shall continue until the required amount has been paid into such Fund or until the annuitant's death, whichever occurs first; and if the latter, any remaining portion of such required amount shall be deemed to have been paid.

(c) If a Foreign Service annuitant who separated from the Foreign Service prior to October 16, 1960, died before the effective date of this title, or dies within one hundred and twenty days after such effective date leaving a spouse to whom married at retirement who is not entitled to receive a survivor annuity under the terms of section 8133 of title 5, United States Code, or any law authorizing payment from the Foreign Service Retirement and Disability Fund and who qualifies under section 821(h) of the Foreign Service Act of 1946, as amended by this title, the Secretary of State shall grant such surviving spouse, if not remarried prior to age sixty, an annuity, to be payable from such Fund in the amount of $2,400 per annum adjusted by all cost-of-living increases received by widows granted annuities under section 4 of the Act of October 31, 1965 (79 Stat. 1130). // 22 USC 1079o. // An annuity to a surviving spouse who remarried prior to age sixty may be initiated or resumed under this subsection in accordance with the provisions of subsections (b) and (h) of section 821 of the Foreign Service Act of 1946, as amended by this title, if such remarriage has terminated or terminates in the future.

EFFECTIVE DATES

Sec. 524. // 22 USC 915. // (a) Unless otherwise specified, this title shall be effective upon enactment or on October 1, 1976, whichever is later.

(b) Section 522, // 22 USC 1063 note. // of this title and sections 803 and 881 of the Foreign Service Act of 1946, as amended by this title, shall be effective on the first day of the first pay period which begins more than ninety days after the effective date of this title.

(c) Effective on the last day of the first month which ends after the effective date of this title, all Foreign Service survivor annuities, including those then in effect, shall terminate on the last day of a month in accordance with the provisions of subsections (b) (2) (B), (e), and (f) of section 821 of the Foreign Service Act of 1946, as amended by this title.

(d) The amendment of section 804 of the Foreign Service Act // 22 USC 1064 note. // of 1946 made by this title broadening eligibility for children's survivor annuities shall apply to all surviving children regardless of the date of death of the principal.

(e) Subsection (g) of section 821 of the Foreign Service Act of 1946, // 22 USC 1076 note. // as added by this title, shall apply to both present and future Foreign Service annuitants. Any annuitant unmarried at retirement who married after retirement but prior to the effective date of this title may make an election under such subsection (g) if notice of the election is received by the Secretary of State within one year after such effective date.

(f) If an annuitant dies on or after January 8, 1971, who, prior to the effective date of this title, // 22 USC 1064 note. // elected a reduced annuity with a benefit to a surviving spouse, and is survived by a spouse acquired after such election who qualifies under section 804(2) of the Foreign Service Act of 1946, as amended by this title, such surviving spouse shall be entitled to an annuity computed under the law in effect at the time of such election and in accordance with all other applicable statutes. Such an annuity shall be treated in all other respects in the same manner as an annuity payable under section 821(b) of the Foreign Service Act of 1946, as amended by this title. For purposes of section 882(c)(2) of the Foreign Service Act of 1946, as amended by this title, the death of an annuitant who has died before the effective date of this title shall be deemed to have occurred on such effective date.

(g) the restrictions on payment of survivor annuities in subsection (b) (2) (A) and subsection (h) of section 821 of such Act, // 22 USC 1076 note. // shall not apply to a supplemental survivor annuity provided under subsection (i) of section 821 or subsection (f) of section 832 of such Act if the restrictions do not apply to a basic survivor annuity elected prior to commencement of the recall service.

(h) Subsection (a) of section 822 of the Foreign Service Act // 22 USC 1076a note. // of 1946, as added by this title, shall be effective on the first day of the first month which begins on or after the effective date of this title.

(i) Subsection (a) of section 841 of the Foreign Service Act // 22 USC 1086 note. // of 1946, as amended by this title, shall not apply to participants separated from the Foreign Service prior to the effective date of this title nor to their survivors. All payments from the Foreign Service Retirement Fund that become due on and after such effective date shall be paid in the order of precedence specified in such section 841 irrespective of the date of separation.

(j) Subsection (c) of section 851 of the Foreign Service Act // 22 USC 1091 note. // of 1946, as added by this title, shall be effective on the first day of the first pay period that begins more than thirty days after the effective date of this title. A participant who is on approved leave without pay and is serving as a full-time officer or employee of an organization composed primarily of Government employees on the effective date of such section shall have sixty days from such date to file an election under subsection (c) of said section 851.

(k) Subsection (f) of section 851 of the Foreign Service Act // 22 USC 1091 note. // of 1946, as added by this title, shall apply, in addition to present participants, to former participants who separated from the Foreign Service to enter the Armed Forces within the five-year period immediately preceding the effective date of this title and who are members of the Armed Forces on such date.

(1) The annuity of a survivor who becomes immediately eligible for an annuity under subsection (c) of section 523 of this title or subsection (d) or (f) of this section shall become effective the first day of the first month which begins on or after the effective date of this title. However, payment shall be made only after receipt by the Department of State of such application for annuity and such proof of eligibility as the Secretary may require. If such application and proof of eligibility are not submitted during an otherwise eligible person's lifetime, no annuity shall be due or payable to his or her estate.

(m) The amendment of subsections (a) and (b) of section 882 of the Foreign Service Act of 1946 // 22 USC 1121 note. // made by this title shall be effective on the fifteenth day of the third month which begins after the effective date of this title.

(n) Annuities which commenced between--,

(A) the effective date of the last cost-of-living increase which became effective under section 882 of the Foreign Service Act of 1946 prior to the effective date of this title, and

(B) such effective date,

shall be recomputed and, if necessary, adjusted retroactively to their commencing dates to apply the provisions of new subsections (c) (1) of section 882 of the Foreign Service Act of 1946, as added by section 515 of this title.

(o) Any Foreign Service officer who is or becomes a career minister and who is not occupying a position to which appointed by the President, by and with the advice and consent of the Senate, shall be mandatorily retired for age in accordance with the schedule below and receive benefits under section 821 of the Foreign Service Act of 1946, unless the Secretary determines it to be in the public interest to extend such officer's service for a period not to exceed five years:

Retirement Schedule

(1) Any career minister who reaches age sixty-five during the month this title becomes effective shall be retired at the end of such month.

(2) Other career ministers who are age sixty or over on such effective date shall be retired at the end of the month which contains the midpoint between the last day of the month of such effective date and the last day of the month during which the officer would reach age sixty-five, counting thirty days to the month.

(3) On the last day of the thirtieth month which ends after such effective date, all other career ministers who are age sixty or over be retired, and thereafter the amendments made by sections 518 and 519 shall be applicable in all cases.

(4) Any career minister who completes a period of authorized service after he reaches mandatory retirement age as provided in the above schedule shall be retired at the end of the month in which the officer completes such service.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 881 accompanying H.R. 12262, No. 94 - 1083 accompanying H. r. 13179, and No. 94 - 1116 accompanying H. r. 13589 (Comm. on International Relations).

SENATE REPORT No. 94 - 703 (Comm. on Foreign Relations).

CONGRESSIONAL RECORD, Vol. 122(1976):

Mar. 29, considered and passed Senate.

June 18, considered and passed House, amended, in lieu of H. r. 13589, H. r. 13179, and H. r. 12262.

June 29, House agreed to conference report.

June 30, Senate agreed to conference report.

PUBLIC LAW 94-349, 90 STAT. 822

94th Congress, H.R. 13899 July 8, 1976
An Act To delay the effective date of certain proposed amendments to the Federal Rules of Criminal Procedure and certain other rules promulgated by the United States Supreme Court.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of sections 3771 and 3772 of title 18 of the United States Code, the amendments to rules 6(e), 23, 24, 40.1 and 41(c) (2) of the Rules of Criminal Procedure for the United States district courts which are embraced by the order entered by the United States Supreme Court on April 26, 1976, and which were transmitted to the Congress on or about April 26, 1976, shall not take effect until August 1, 1977, or until and to the extent approved by Act of Congress, whichever is earlier. The remainder of the proposed amendments to the Federal Rules of Criminal Procedure shall become effective August 1, 1976, pursuant to law.

Sec. 2. That, notwithstanding the provisions of section 2072 of title 28 of the United States Code, the rules and forms governing section 2254 cases in the United States district courts and the rules and forms governing section 2255 proceedings in the United States district courts which are embraced by the order entered by the United States Supreme Court on April 26, 1976, and which were transmitted to the Congress on or about April 26, 1976, shall not take effect until thirty days after the adjournment sine die of the 94th Congress, or until and to the extent approved by Act of Congress, whichever is earlier.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1204 (Comm. on the Judiciary).

SENATE REPORT No. 94 - 990 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 122(1976):

June 7, considered and passed House.

June 29, considered and passed Senate, amended.

June 30, House agreed to Senate amendment.

PUBLIC LAW 94-348, 90 STAT, 817, FEDERAL RAILROAD SAFETY AUTHORIZATION ACT OF 1976.

94th Congress, H.R. 11804 July 8, 1976
An Act To amend the Federal Railroad Safety Act of 1970 to authorize additional appropriations, and for other purposes.

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

SHORT TITLE

Section1. This Act may be cited a sthe " Federal Railroad Safety Authorization Act of 1976".

AUTHORIZATION FOR APPROPRIATIONS

Sec. 2. (a) Section 212 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 441) is amended to read as follows:

" SEC. 212. AUTHORIZATION FOR APPROPRIATIONS.

"(a) There are authorized to be appropriated to carry out the provisions of this Act not to exceed $35,000,000 for the fiscal year ending September 30, 1977, and not to exceed $35,000,000 for the fiscal year ending September 30, 1978.

"(b) Except as provided in subsection (c) of this section, amounts appropriated under subsection (a) of this section for any fiscal year shall be available for expenditure in such fiscal year as follows:

"(1) For the Office of Safety, including salaries and expenses for not more than (A) 500 safety inspectors, (B) 45 signal and train control inspectors, and (C) 110 clerical personnel, not to exceed $18,000,000 in any fiscal year.

"(2) To carry out the provisions of section 206(d) of this Act, relating to State safety programs, not to exceed $3,500,000 in any fiscal year.

"(3) For the Federal Railroad Administration, for salaries and expenses not otherwise provided for, not to exceed $3,500,000 in any fiscal year.

"(4) For conducting research and development activities under this Act, not to exceed $10,000,000 in any fiscal year.

"(c) (1) The aggregate of the amounts obligated and expended for research and development activities under this Act in any fiscal year shall not exceed the aggregate of the amounts expended for rail inspection and for the investigation and enforcement of railroad safety rules, regulations, orders, and standards under this Act in the same fiscal year. For purposes of this paragraph and paragraph (4) of subsection (b) of this section, amounts made available under paragraph (2) of this subsection for expenditure for research and development activities under this Act in any fiscal year following the fiscal year in which such amounts were originally appropriated shall be considered to have been obligated and expended for such activities during the fiscal year in which such amounts were originally appropriated.

"(2) Of amounts appropriated under subsection (a) of this section and available for expenditure for conducting research and development activities under subsection (b) (4) of this section, not to exceed $5,000,000 of amounts so appropriated and made available for fiscal year 1977, and not to exceed $7,000,000 of amounts so appropriated and made available for fiscal year 1978, are authorized to remain available until expended for conducting research and development activities under this Act.".

PENALTIES

Sec. 3. (a) Section 6 of the Act of March 2, 1893 (45 (45 U.S.C. 6), is amended by striking out "two hundred and fifty dollars" and inserting in lieu thereof "not less than $250 and not more than $2,500".

(b) Section 4 of the Act of April 14, 1910 (45 U.S.C. 13), is amended by striking out "two hundred and fifty dollars" and inserting in lieu thereof "not less than $250 and not more than $2,500".

(d) Section 25 (h) of the Interstate Commerce Act (49 U.S.C. 26(h)) is amended by striking out "$100 for each such violation and $100" and inserting in lieu thereof "not less than $250 and not more than $2,500 for each such violation and not less than $250 and not more than $2,500".

(e) Notwithstanding any provision of the Federal Claims Collection Act of 1966 (31 U.S.C. 951 - 953), no penalty arising under a statute amended by this section shall be compromised by the Secretary for an amount less than $250.

HOURS OF SERVICE

Sec. 4. (a) Section 2(a) of the Act of March 4, 1907 (45 U.S.C. 62( a)), commonly referred to as the Hours of Service Act, is amended--,

(1) by striking out "or" at the end of paragraph (1);

(2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and

(3) by adding at the end thereof the following new

paragraphs:

"(3) to provide sleeping quarters for employees (including crew quarters, camp or bunk cars, and trailers) which do not afford such employees an opportunity for rest, free from interruptions caused by noise under the control of the railroad, in clean, safe, and sanitary quarters; or

"(4) to begin construction or reconstruction of any sleeping quarters referred to in paragraph (3), on or after the date of enactment of this paragraph, within or in the immediate vicinity (as determined in accordance with rules prescribed by the Secretary) of any area where railroad switching or humping operations are performed.".

(b) Section 2 of such Act (45 U.S.C. 62) is amended by striking out subsection (c), relating to the exemption of crews of wreck or relief trains from limitations on employees hours of service, and inserting in lieu thereof the following new subsection:

"(c) Notwithstanding subsection (a) of this section, the crew of a wreck or relief train may be permitted to be or remain on duty for not to exceed 4 additional hours in any period of 24 consecutive hours whenever an actual emergency exists and work of the crew is related to such emergency. For purposes of this subsection, an emergency ceases to exist when the track is cleared and the line is open for traffic.".

(c) Subsection (b) (2) of the first section of such Act (45 U.S.C. 61 (b)(2)), relating to the definition of the term "employee", is amended by inserting immediately before the period at the end thereof the following:", including hostlers".

(d) The Act of March 4, 1907 (45 U.S.C. 61 - 64b) is further amended by adding a new section 3 A to read as follows:

" Sec. 3 A. (a) It shall be unlawful for any common carrier, its officers or agents, subject to this Act--,

"(1) to require or permit an individual employed by the carrier who is engaged in installing, repairing or maintaining signal systems, in case such individual shall have been continuously on duty for twelve hours, to continue on duty or to go on duty until he has had at least ten consecutive hours off duty; or

"(2) to require or permit an individual described in paragraph (1) to continue on duty or to go on duty when he has not had at least eight consecutive hours off duty during the preceding twenty-four hours.

"(b) In determining for the purposes of subsection (a) the number of hours an individual is on duty, there shall be counted, in addition to the time such individual is actually engaged in installing, repairing or maintaining signal systems, all time on duty in other service performed for the common carrier during the twenty-four hour period involved.

"(c) For purposes of this section, time on duty shall commence when an individual reports for duty and terminate when the individual is finally released from duty.

"(d) As used in sections 2(a) (3), 4, and 5 of this Act, the term 'employee' shall be deemed to include an individual employed by the carrier who is engaged in installing, repairing or maintaining signal systems.

"(e) The provisions of this section shall not apply to an individual during such period of time as the provisions of section 3 apply to his duty and off-duty periods.

"(f) Notwithstanding subsection (a) of this section, an individual engaged in installing, repairing, or maintaining signal systems may be permitted to be or remain on duty for not to exceed four additional hours in any period of twenty-four consecutive hours whenever an actual emergency exists and work of the individual is related to such emergency. For purposes of this subsection with respect to the on-duty time of an individual engaged in installing, repairing, or maintaining signal systems, an emergency ceases to exist when the signal systems are restored to service.".

(e) Section 5(a) of such Act (45 U.S.C. 64a(a) is amended by deleting the words "section 2 or section 3 of this Act" and by inserting in lieu thereof the following: "section 2, section 3 or section 3 A of this Act".

SAFETY REGULATIONS

Sec. 5. (a) Section 202(d) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(d)) is amended to read as follows:

"(d) In prescribing rules, regulations, orders, and standards under this section, the Secretary shall consider relevant existing safety data and standards and shall, within 180 days after the date of enactment of the Federal Railroad Safety Authorization Act of 1976, take such action as may be necessary to develop and publish rules of practice applicable to all proceedings under this Act. Such rules of practice shall take into consideration the varying nature of proceedings under this Act and shall include specific time limits upon the disposition of all proceedings initiated under this Act. In no event shall the time limit for any such proceeding extend for more than 12 months after the date such proceeding is initiated.".

(b) Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S. C. 431) is amended by adding at the end thereof the following new subsection:

"(g) The Secretary shall, within 180 days after the date of enactment of this subsection, issue such rules, regulations, orders, and standards as may be necessary to require that--,

"(1) in any case in which activities of railroad-employees (other than train or yard crews) assigned to inspect, test, repair, or service rolling equipment require such employees to work on, under, or between such equipment, each manually operated switch, including any crossover switch, providing access to the track on which such equipment is located must be lined against movement to that track and secured by an effective locking device which may not be removed except by the class or craft of employees performing such inspection, testing, repair, or servicing.

"(2) the rear car of all passenger and commuter trains shall have one or more highly visible markers which are lighted during periods of darkness or whenever weather conditions restrict clear visibility; and

"(3) the rear car of all freight trains shall have highly visible markers during periods of darkness or whenever weather conditions restrict clear visibility.

Notwithstanding the provisions of section 205 of the Federal Railroad Safety Act of 1970 (45 U.S.C. 434), nothing in paragraphs (2) and (3) of this subsection shall prohibit a State from continuing in force any law, rule, regulation, order or standard in effect on the date of enactment of the Federal Railroad Safety Authorization Act of 1976 relating to lighted markers on the rear car of freight trains except to the extent that such law, rule, regulation, order, or standard would cause such cars to be in violation of this section.".

REGIONAL ORGANIZATION OF FEDERAL RAILROAD ADMINISTRATION

Sec. 6. The Federal Railroad Administration shall be divided on a geographical basis into not less than 8 safety offices for purposes of administering and enforcing all Federal railroad safety laws. The Secretary shall retain full and final responsibility for all acts taken pursuant to Federal railroad safety laws and for the establishment of all policies with respect to implementation of such laws, and shall be responsible for insuring that all such laws are administered and enforced uniformly among such offices.

EVALUATION OF THE FEDERAL RAILROAD SAFETY PROGRAM

Sec. 7. (a) The Office of Technology Assessment shall conduct a study of the Federal Railroad Safety Act of 1970 (45 U.S.C. 421 et seq.) and related Federal laws to evaluate their effectiveness in improving the safety of our Nation's railroads. Such study and evaluation shall include, but shall not be limited to--,

(1) a cost-benefit analysis of the railroad safety research and development activities under the Federal Railroad Safety Act of 1970 and related Federal laws;

(2) an evaluation of trends with respect to railroad employee injuries and casualties, injuries and casualties to other persons, accidents by type and cause, and such other data as the Office of Technology Assessment considers necessary to determine any significant statistical relationship between safety practices, expenditures, penalties for violation of Federal railroad safety laws and regulations, and accident rates;

(3) a statistical comparison of railroad accidents reported by each railroad for the 10-year period preceding the date of enactment of this Act;

(4) the cost-benefit and effectiveness of accident prevention resulting from the methodology used and practices employed by Federal and State railroad safety inspectors under Federal railroad safety laws and regulations;

(5) an evaluation of safety inspection activities conducted by the railroad industry;

(6) an evaluation and analysis of industry research and development relating to railroad safety and accident prevention;

(7) a cost-benefit analysis of the various Federal laws and regulations relating to railroad safety; and

(8) the need for additional Federal expenditures for improvements in railroad safety.

(b) The Office of Technology Assessment shall, within 18 months after the date of enactment of this Act, submit a report to the Congress containing the results of the study conducted pursuant to this section, together with recommendations for such legislative or other action as such Office considers appropriate.

(c) There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

UNIFORMITY OF JUDICIAL REVIEW

Sec. 8. Section 4(c) of the Department of Transportation Act (49 U. S.C. 1653(c) is amended by adding at the end therof the following new sentence: " This subsection shall not apply to functions, powers, and duties transferred to the Secretary from the Interstate Commerce Commission under sections 6(e) (1) through (4) and section 6(e) (6) (A) of this Act.". // 49 USC 1655. //

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1166 (Comm. on Interstate and Foreign Commerce).

SENATE REPORT No. 94 - 855 accompanying S. 3119 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 122 (1976):

June 9, 11, considered and passed House.

June 24, considered and passed Senate, amended, in lieu of S. 3119.

June 25, House concurred in Senate amendments.

PUBLIC LAW 94-347, 90 STAT. 816

94th Congress, H.R. 12545 July 8, 1976
An Act Authorizing additional appropriations for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) in addition to previous authorizations, there is hereby authorized to be appropriated for the prosecution of the comprehensive plan of development of each river basin under the jurisdiction of the Secretary of the Army referred to in the first column below, which was basically authorized by the Act referred to by date of enactment in the second column below, an amount not to exceed that shown opposite such river basin in the third column below: Basin Act of Congress Amount Alabama-Coosa River Basin Mar. 2, 1945$6,000,000 Arkansas River Basin June 28, 19386,000,000 Brazos River Basin Sept. 3, 195419,000,000 Columbia River Basin June 28, 194439,000,000 Mississippi River and tributaries May 15, 1928220,000,000 Missouri River Basin June 28, 193885,000,000 North Branch, Susquehanna River Basin July 3, 195872,000,000 Ohio River Basin June 22, 193623,000,000 Red River Waterway project Aug. 13,196860,000,000 San Joaquin River Basin Dec. 22, 194446,000,000 Santa Ana River Basin June 22, 19362,000,000 South Platte River Basin May 17, 195022,000,000 Upper Mississippi River Basin June 28,19382,000,000

(b) The total amount authorized to be appropriated by this Act shall not exceed $602,000,000.

Approved July 8, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1082 (Comm. on Public Works and Transportation).

SENATE REPORTS: No. 94 - 894 accompanying S. 3432 and No. 94 - 951 (Comm. on Public Works).

CONGRESSIONAL RECORD, Vol. 122 (1976):

May 17, considered and passed House.

May 18, S. 3432 considered and passed Senate.

June 25, considered and passed Senate, in lieu of S. 3432.

PUBLIC LAW 94-346, 90 STAT. 815

94th Congress, H.R. 9291 July 8, 1976
An Act To amend the National Traffic and Motor Vehicle Safety Act of 1966 to authorize appropriations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 121 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1409) is amended to read as follows:

" Sec. 121. There are authorized to be appropriated for the purpose of carrying out this Act, not to exceed $13,000,000 for the transition period July 1, 1976, through September 30, 1976, $60,000,000 for the fiscal year ending September 30, 1977, and $60,000,000 for the fiscal year ending September 30, 1978.".

Sec. 2. Section 103(i)(1)(B) of such Act 15 USC 1392. is amended by striking out "the expiration of the nine-month period which begins on the date of promulgation of such safety standards" and inserting in lieu thereof " April 1, 1977".

Sec. 3. Section 103(i) of such Act is amended by adding at the end thereof the following new paragraph:

"(3) Not later than six months after the date of enactment of this section, the Secretary shall conduct a study and report to Congress on (A) the factors relating to the schoolbus vehicle which contribute to the occurrence of schoolbus accidents and resultant injuries, and (B) actions which can be taken to reduce the likelihood of occurrence of such accidents and severity of such injuries. Such study shall consider, among other things, the extent to which injuries may be reduced through the use of seat belts and other occupant restraint systems in schoolbus accidents, and an examination of the extent to which the age of schoolbuses increases the likelihood of accidents and resultant injuries.".

Approved July 8, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1148 (Comm. on Interstate and Foreign Commerce).

SENATE REPORT No. 94 - 854 accompanying S. 2323 (Comm. on

CONGRESSIONAL RECORD, Vol. 122 (1976):

June 11, considered and passed House.

June 24, considered and passed Senate, amended, in lieu of S. 2323.

June 29, House concurred in Senate amendment.

PUBLIC LAW 94-345, 90 STAT. 814

94th Congress, H.R. 8471 July 8, 1976
An Act To authorize the President to prescribe regulations relating to the purchase, possession, consumption, use, and transportation of alcoholic beverages in the Canal Zone.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 731 of title 2, Canal Zone Code ((6 A Stat. 29), is revised to read as follows:

"sec. 731. Regulation of manufacture, sale, et cetera

" The President shall prescribe, and from time to time may amend, regulations relating to the:

"(1) manufacture, distribution, and sale of alcoholic beverages in the Canal Zone, and licenses and fees therefor;

"(2) importation of alcoholic beverages into, and exportation thereof from, the Canal Zone; and

"(3) purchase, possession, consumption, use, and transportation of alcoholic beverages by individuals under eighteen years of

age.".

Sec. 2. Section 732 of title 2, Canal Zone Code (76 A Stat. 29) is revised to read as follows:

" Sec. 732. Penalties for violation

"(a) Whoever violates a regulation issued pursuant to paragraphs (1) and (2) of section 731 of this title shall be fined not more than $500 or imprisoned in jail not more than six months, or both, and, in addition, his license may be revoked or suspended as the President may prescribe by the regulations as issued. (76 A Stat. 29.)

"(b) Whoever violates a regulation issued pursuant to paragraph (3) of section 731 of this title shall be fined not more than $100 or imprisoned in jail not more than thirty days, or both.".

Sec. 3. The amendments made in sections 1 and 2 of this Act shall take effect on the ninetieth day after the date of enactment of this Act.

Approved July 8, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1140 (Comm. on Merchant Marine and

Fisheries).

CONGRESSIONAL RECORD, Vol. 122 (1976):

May 18, considered and passed House.

June 24, considered and passed Senate.

PUBLIC LAW 94-344, 90 STAT. 810

94th Congress, S.J.Res. 49 July 7, 1976
Joint Resolution To amend the joint resolution entitled " Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled " Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America", as amended (36 U.S.C. 171 - 178), is amended--,

(1) by adding after the last sentence of section 1,

36 USC 173.

the following: " The flag of the United States for the purpose of this chapter shall be defined according to title 4, United States Code, chapter 1, section 1 and section 2 and Executive Order 10834,

4 USC 1 note.

issued pursuant thereto":

(2) by striking out the second sentence of section 2 (a),

36 USC 174.

and inserting in lieu thereof the following: " However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness.";

(3) by inserting in section 2(c) before the period a comma and the following: "except when an all weather flag is displayed";

(4) by striking out section 2(d) and inserting in lieu thereof the following:

"(d) The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays.";

(5) by striking out", weather permitting," in section 2(e);

(6) by striking out "radiator cap" in section 3(b)

36 USC 175.

and inserting in lieu thereof "right fender";

(7) in the last sentence of section 3(f), by striking out "to the right of the flag of the United States", and inserting in lieu thereof the following: "to the United States flag's right.";

(8) by striking out section 3(i) and inserting in lieu thereof the following:

"(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.";

(9) by striking out section 3(k),

36 USC 175.

and inserting in lieu thereof the following:

"(k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience.";

(10) by striking out section 3(m) and inserting in lieu thereof the following:

"(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives: from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. As used in this subsection--,

"(1) the term 'half-staff' means the position of the flag when it is one-half the distance between the top and bottom of the staff;

"(2) the term 'executive or military department' means any agency listed under sections 101 and 102 of title 5, United States Code; and

"(3) the term 'emember of Congress' means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.";

(11) by adding at the end of section 3, a new subsection as follows:

"(o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.";

(12) by striking out section 4(a),

36 USC 176.

and inserting in lieu thereof the following:

"(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.";

(13) by striking out section 4(d) and inserting in lieu thereof the following:

"(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general.";

(14) by striking out section 4(e) and inserting in lieu thereof the following:

"(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.";

(15) by striking out section 4(i) and inserting in lieu thereof the following:

"(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.";

(16) by redesignating section 4(j) as section 4(k) and by inserting after section 4(i) a new subsection as follows:

"(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.";

(17) by striking out section 5 and inserting in lieu thereof the following:

" Sec. 5, 36 USC 177. During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes.";

(18) by striking out section 6 and inserting in lieu thereof the following:

" Sec. 6. 36 USC 171. During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there.";

(19) by striking out section 7 and inserting in lieu thereof the following:

" Sec. 7, 36 USC 172. The Pledge of Allegiance to the Flag, ' I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.', should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute."; and

(20) by striking out section 8 and inserting in lieu thereof the following:

" Sec. 8. 36 USC 178. Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation.".

Approved July 7, 1976.

LEGISLATIVE HISTORY:

Senate REPORT No. 94 - 797 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 122 (1976):

May 10, considered and passed Senate.

June 21, considered and passed House, amended.

June 22, Senate concurred in House amendments.

PUBLIC LAW 94-343, 90 STAT. 809

94th Congress, H.R. 13380 July 6, 1976
An Act To amend the Central, Western, and South Pacific

Fisheries Development Act

to extend the appropriation authorization through

fiscal

year 1979, and for

other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Central, Western, and South Pacific Fisheries Development Act (86 Stat. 744; 16 U.S.C. 758a note) is amended--,

(1) by striking in section 2 the words "three-year";

(2) by striking in section 4 the words " June 30, 1976, a complete" and inserting in lieu thereof the words " January 30 of each year, an annual"; and

(3) by inserting", and for the period beginning July 1, 1976, and ending September 30, 1979, the sum of $3,000,000," in section 7.

Approved July 6, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1141 (Comm. on Merchant Marine and

Fisheries).

SENATE REPORT No. 94 - 866 accompanying S. 2219 (Comm. on

Commerce).

Congressional RECORD, Vol. 122 (1976):

May 18, considered and passed House.

May 21, considered and passed Senate, amended, in lieu of S. 2219.

June 17, House concurred in Senate amendment with an amendment.

PUBLIC LAW 94-342, 90 STAT. 808

94th Congress, H.R. 11439 July 6, 1976

An Act

To amend title 5, United States Code, to restore eligibility for health benefits coverage to certain individuals whose survivor annuties

are restored.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 8908 of title 5, United States Code, is amended--,

(1) by inserting "(a)" immediately before " An employee";

(2) by adding at the end thereof the following new

subsection:

"(b) A surviving spouse whose survivor annuity under this title was terminated because of remarriage and is later restored may, under such regulations as the Civil Service Commission may prescribe, enroll in a health benefits plan described by section 8903 of this title if such spouse was covered by any such plan immediately before such annuity was terminated,"; and

(3) in the section caption, by striking out "employee" and inserting in lieu thereof "employees and survivor annuitants".

(b) The item relating to section 8908 appearing in the analysis of chapter 89 of title 5, United States Code, is amended to read as follows:

"8908. Coverage of restored employees and survivor annuitants."

Sec. 2. The amendments made by the first section of this Act shall take effect on October 1, 1976, or on the date of the enactment of this Act, whichever date is later. Such amendments shall apply with respect to individuals whose survivor annuities are restored before, on, or after such date. 5 USC 8908 note.

Approved July 6, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 815 (Comm. on Post Office and Civil Service).

SENATE REPORT No. 94 - 829 (Comm. on Post Office and Civil Service).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 1, considered and passed House.

June 22, considered and passed Senate.

PUBLIC LAW 94-341, 90 STAT. 803

94th Congress, H. r. 12188 July 6, 1976
An Act To amend the Community Services Act of 1974 to make certain technical and conforming amendments.

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

SHORT TITLE

Section 1. This Act may be cited as the " Community Services Act Technical Amendments of 1976". 42 USC 2701 note.

AMENDMENTS TO COMMUNITY SERVICES ACT OF 1974

Sec. 2. (a) The Community Services Act of 1974 (hereinafter in this Act referred to as the " Act" 42 USC 2701 note. is amended--,

(1) in section 101 thereof (as added by section 3 of the Head-start, Economic Opportunity, and Community Partnership Act of 1974), by striking out " Sec. 104,

42 USC 2701 note.

This title and titles ii through IX" and inserting in lieu thereof " Sec. 3. Titles i through ix";

(2) in section 102,

42 USC 2706.

thereof (as added by section 3 of the Head-start, Economic Opportunity, and Community Partnership Act of 1974), by striking out " Sec. 102." and inserting in lieu thereof " Sec. 4.", and in paragraph (2) of such section, by striking out "the previous sentence" and inserting in lieu thereof "paragraph (1) of this section" and by inserting a comma after "places" the second place it appears therein;

(3) by striking out " TITLE II- RESEARCH AND DEMONSTRATIONS" and inserting in lieu thereof " TITLE i--, RESEARCH AND DEMONSTRATIONS";

(4) in section 102 (d)

42 USC 2712.

thereof (as added by section 4 of the Headstart, Economic Opportunity, and Community Partnership Act of 1974), by striking out "under this title in any fiscal year shall be made available for programs or projects receiving financial assistance";

(5) in section 104(d) of such Act,

42 USC 2714.

(as added by section 3 of the Headstart, Economic Opportunity, and Community Partnership Act of 1974), by striking out "studies" each place it appears therein and inserting in lieu thereof "summaries";

(6) in section 201 (b),

42 USC 2781.

Economic Opportunity" each place it appears therein and inserting in lieu thereof " Community Services Administration";

(7) in section 210 (f),

42 USC 2790.

thereof--,

(A) by striking out "may delegate functions other than"

and inserting in lieu thereof "may delegate such functions (other than"; (B) by striking out "contracts to" and

inserting in

lieu thereof "contracts) to"; (C) by striking out "by him,

such functions as he deems

approrriate" and inserting in lieu thereof "by him, as he

deems appropriate"; and

(D) by striking out "second sentence of section 235

(a)" and inserting in lieu thereof "third sentence of section 225 (a)";

42 USC 2812.

(8) by striking out paragraph (4) of section 222(a),

42 USC 2809.

thereof;

(9) in section 222(a) (5) thereof, by striking out " Emergency Food and Medical Services" and inserting in lieu thereof " Community Food and Nutrition", and by striking out "medical" each place it appears therein;

(10) in the last sentence of section 222(a) (12) thereof, by inserting a comma after "agencies";

(11) in section 225(c) of such Act,

42 USC 2812.

by amending the last two sentences to read as follows: " The Director shall not require non-Federal contributions in excess of the amount required to meet the approved cost of assisted programs or activities after calculating the per centum of Federal assistance for which such program is eligible under the first sentence of this subsection. In addition, the Director may approve assistance in excess of such per centum upon evidence that the aggregate of all non-Federal contributions by agencies within a State for financial assistance provided pursuant to sections 221 and 222(a),

42 USC 2808.

as a per centum of the aggregate of all financial assistance provided to such agencies in such State pursuant to such sections meets the per centum requirements of this subsection.";

(12) in the heading of section 227

42 USC 2814.

thereof, by striking out " YOUTH RECREATION AND" and inserting in lieu thereof " NATIONAL YOUTH", and in subsection (a) of such section by striking out "youth recreation and" each place it appears therein and inserting in lieu thereof "national youth";

(13) in the last sentence of section 235(b)

42 USC 2828.

thereof, by striking out " Secretary" and inserting in lieu thereof " Director";

(14) in section 236

42 USC 2829.

thereof--,

(A) in subsection (a) thereof, by striking out " Office

of

Economic Opportunity or successor authority" and inserting in lieu thereof " Community Services Administration"; and (B) in subsection (b)(ii) thereof, by striking out " Office of Economic Opportunity" and inserting in lieu thereof " Community Services Administration";

(15) in section 306 (d)

42 USC 2855. thereof, by striking out "under this Act

(Except operations under title IV carried on by the Small Business Administration)" and inserting in lieu thereof "under this part";

(16) in section 401

42 USC 2901.

thereof--,

(A) by redesignating subsection (c) and subsection (d)

as subsection (b) and subsection (c), respectively; and

(B) in subsection (a) thereof, by striking out the

comma

after "may be used as necessary" and by striking out "paragraph 2" and inserting in lieu thereof "paragraph (2)";

(17) in section 402(2)

42 USC 2902.

thereof, by striking out " Director" each place it appears therein and inserting in lieu thereof " Secretary";

(18) in section 514(b),

42 USC 2928c.

thereof, by inserting "or" before "multicity", by striking out the comma after "multicity", and by striking out "organization" and inserting in lieu thereof

"organizational";

(19) in section 517(b)

42 USC 2928f.

thereof, by striking out "15 per centum and such total costs" and inserting in lieu thereof "15 per centum of such total costs";

(20) in section 523(d)

42 USC 29281.

thereof, by striking out "studies" each place it appears therein and inserting in lieu thereof "summaries";

(21) in section 525(a) thereof, by striking out "711" and inserting in lieu thereof "518";

(22) in section 576(a) and section 577,

42 USC 2930e, 2930f.

thereof, by striking out "part" each place it appears therein and inserting in lieu thereof "title";

(23) in section 601

42 USC 2941.

thereof, by inserting "(a)" immediately after " Sec. 601.";

(24) in section 601(e)(2)(B)(iii) thereof, by inserting "of Commerce" immediately after " Secretary";

(25) in section 601(e)(3)(B)(ii)(ii) thereof, by striking out the quotation mark at the end thereof;

(26) in section 601(g) thereof, by inserting a comma after " Welfare" and by striking out " Economic Development Administration" and inserting in lieu thereof " Community Economic Development Administration.";

(27) in section 601(h)(2) thereof, by inserting a comma after " Community Services Administration" the second place it appears therein, by inserting a comma after " Welfare", and by inserting a comma after " Community Economic Development Administration";

(28) in section 601(h)(3) thereof, by inserting a comma after " Community Services Administration", and by striking out "in the Department of Commerce" and inserting in lieu thereof "within the Department of Commerce,":

(29) in subsections (a) and (f) of section 602

42 USC 2942.

thereof, by striking out " Office" each place it appears therein and inserting in lieu thereof " Community Sergvices Administration";

(30) in section 602(k) thereof, by striking out "titles iii and IV of";

(31) in section 603(a)

42 USC 2943.

thereof, by striking out "(other than part C of title i)";

(32) in section 604(1)

42 USC 2944.

thereof, by striking out " I-B or", and by striking out "prime sponsor or";

(33) in paragraphs (2) and (3) of section 604 thereof, by striking out "title I-B, ii, and iii-B" each place it appears therein and inserting in lieu thereof "title II and part B of title III", and in paragraph (2) of such section, by striking out "123,";

(34) in section 608

42 USC 2948.

thereof, by striking out " Office" and inserting in lieu thereof " Community Services Administration"; and

(35) in subsections (a) and (c) of section 610-1

42 USC 2951.

thereof, by striking out "part A of title i or" each place it appears therein. (b) Title VII of the Act is amended--,

(1) in section 712(a)(2)

42 USC 2982a.

thereof, by inserting "programs," after "development", and by inserting a comma after "activities";

(2) in the fourth sentence of section 714

42 USC 2982c.

thereof, by striking out "rights vest" and inserting in lieu thereof "vests";

(3) in the last sentence of section 714 thereof, by inserting "with grant funds shall" immediately after "assets purchased";

(4) in section 731(a)

42 USC 2984.

thereof, by striking out "bear the interest" and inserting in lieu thereof "bear interest";

(5) in the first and second sentences of section 731(c)(3)

42 USC 2984.

thereof, by striking out " Secretary" and inserting in lieu thereof

" Director", in the first sentence, by striking out "subchapter" and inserting in lieu therebof "title" and in the second sentence by striking out "part B of";

(6) in section 732

42 USC 2984a.

thereof, by striking out "(d) immediately before " Not later than" and inserting in lieu thereof "(b)"; (7) in section 741(b)

42 USC 2985.

thereof, by inserting "assistance or support," immediately after "legal";

(8) in section 741(c) thereof, by striking out "subchapter" and inserting in lieu thereof "title";

(9) by amending the heading for section 742 thereof to read as follows: " SMALL BUSINESS ADMINISTRATION AND DEPARTMENT OF COMMERCE PROGRAMS";

(10) in section 742(a)(1)

42 USC 2985a.

thereof--,

(A) by striking out "part" and inserting in lieu

thereof

"title"; (B) by striking out "company or a local" and

inserting

in lieu thereof "company, local"; and

(C) by inserting immediately after "limited small

business

investment company" the following:", or small business investment company licensee under section 301(d) of the Small Business Investment Act of 1958";

15 USC 681.

(11) in section 742 (a) (2) thereof, by striking out " Secretary" and inserting in lieu thereof " Director" and by striking out "part" and inserting in lieu thereof "title";

(12) in section 742 (b) (2) thereof, by inserting "of Commerce" immediately after " Secretary";

(13) in section 743,

42 USC 2985b.

thereof, by striking out "this Act" and inserting in lieu thereof "this title";

(14) in section (744(a)(1)),

42 USC 2985c.

thereof, by inserting "as amended," immediately after " Housing Act of 1949,";

(15) in the first sentence of section 744(b) thereof, by striking out " Secretary" and inserting in lieu thereof " Director", by striking out "part" each place it appears therein and inserting in lieu thereof "title,", and by striking out "subsection (a) of this section" and inserting in lieu thereof "sections 742, 743, and 744 of this title";

(16) by redesignating sections 745 through 748,

42 USC 2985d-2985g.

thereof as sections 746 through 749, respectively; and

(17) in section 744 thereof--,

(A) by inserting immediately after subsection (a) the

following new heading: " REPORT ON OTHER FEDERAL RESOURCES";

(B) by striking out "(a)" immediately before " The

Secretary

of Agriculture"; and

(C) by striking out "(b)" immediately before " On or

before six months" and inserting in lieu thereof " Sec. 745.".

(c) The Act is amended by redesignating section 626, 42 USC 2971f. and section 627 as section 627 and section 628, 42 USC 2971g. respectively.

AMENDMENTS TO HEADSTART, ECONOMIC OPPORTUNITY, AND COMMUNITY PARTNERSHIP ACT OF 1974

Sec. 3. (a) Section 5 (d) (2) of the Headstart, Economic Opportunity, and Community Partnership Act of 1974, 42 USC 2813. is amended by inserting "of such Act" immediately after "section 228(c)".

(b) Section 9, 88 Stat. 2310. of the Headstart, Economic Opportunity, and Community Partnership Act of 1974 is amended-

(1) 42 USC 2942 in subsection (b) thereof, by striking out "subsection (c) of this section" and inserting in lieu thereof "section 601 of the Economic Opportunity Act of 1964,

42 USC 2941.

as amended by subsection (a) of this section"; and

(2)

42 USC 2971f.

in subsection (e) thereof, by striking out the quotation mark immediately before "(e) The Economic Opportunity Act of 1964" and by striking out "after section 625" and inserting in lieu thereof "after section 626".

(c) Section 14(b) of the Headstart, Economic Opportunity, and Community Partnership Act of 1974, 42 USC 2933. is amended by striking out "section 3(c)" and inserting in lieu thereof "section 8(c)".

(d)(1) Section 15(a)(2) of the Headstart, Economic Opportunity, and Community Partnership Act of 1974 42 USC 2707. is amended by inserting "of such Act" immediately after "section 221".

(2) Section 15 of such Act is amended by adding at the end thereof the following:

"(c) Any funds appropriated to carry out any program under the Community Services Act of 1974, 42 USC 2701 note. 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.".

Approved July 6, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 889 (Comm. on Education and Labor).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 15, considered and passed House.

June 23, considered and passed Senate.

PUBLIC LAW 94-340, 90 STAT. 802

94th Congress, H. r. 5630 July 6, 1976
An Act To amend the Federal Boat Safety Act of 1971 in order

increase and extend

the authorization for appropriations for financial

assistance for State boating

safety programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Boat Safety Act of 1971 (46 U.S.C. 1451 et deq.) 46 USC 1476. is amended as follows--,

(1) Section 27 is amended by adding a new subsection (e) as follows:

"(e) The Secretary may expend funds appropriated for the program of financial assistance to the States under this Act for audit expenses incurred by him in the administration of that program. Expenditures made in any fiscal year under this subsection shall not exceed 1 1/4 per centum of the total funds appropriated for such fiscal year.".

(2) Section 28 (a), 46 USC 1477. is amended by striking the period at the end of the first sentence and inserting in lieu thereof the following:",the fiscal transition period of July 1, 1976, to September 30, 1976, and each of the two succeeding fiscal years.".

(3) Section 30 46 USC 1479. is amended by striking out "for the fiscal year ending June 30, 1972, and $7,500,000 for each of the four succeeding fiscal years," and inserting in lieu thereof the following: "for each of the fiscal years beginning with fiscal year 1972 through fiscal year 1976; $2,500,000 for the fiscal transition period of July 1, 1976, through September 30, 1976; and $10,000,000 for each of the fiscal years 1977 and 1978,".

Approved July 6, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 662 (Comm. on Merchant Marine and Fisheries).

SENATE REPORT No. 94 - 867 (Comm. on Commerce).

CONGRESSIONAL RECORD:

Vol. 121 (1975): Nov. 17, considered and passed House.

Vol. 122 (1976): May 19, considered and passed Senate, amended.

June 22, House concurred in Senate amendment.

PUBLIC LAW 94-339, 90 STAT. 799

94th Congress, S. 2853 July 5, 1976
An Act To amend the Food Stamp Act of 1964 to insure a proper level of accountability on the part of food stamp vendors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the " Emergency Food Stamp Vendor Accountability Act of 1976". 7 USC 2011 note.

Sec. 2. Section 7(d) of the Food Stamp Act of 1964, 7 USC 2016. as amended, is amended by inserting" (1)" immediately after "(d), and adding at the end thereof new paragraphs (2) through (7) as follows:

"(2) (A) The Secretary shall by regulation prescribe the manner in which funds derived from the distribution of coupons (charges made for coupon allotments) shall be deposited by coupon vendors. The regulations shall contain provisions requiring that coupon vendors promptly deposit such funds in the manner prescribed by the Secretary: Provided, That such regulations shall, at a minimum, require that such deposits be made weekly: Provided further, That such regulations shall, at a minimum, require that upon the accumulation of a balance on hand of $1,000 or more, such deposits be made within two banking days following the accumulation of such amount.

"(B) Any coupon vendor, or any officer, employee, or agent thereof, convicted of violating the regulations issued under subparagraph (A) of this paragraph shall be fined not more than $3,000, or imprisoned not more than one year, or both.

"(3) (A) Coupon vendors receiving funds derived from the distribution of coupons (charges made for coupon allotments) shall be deemed to be receiving such funds as fiduciaries of the Federal Government, and such coupon vendors shall immediately set aside all such funds as funds of the Federal Government. Funds derived from the distribution of coupons (charges made for coupon allotments) shall not be used, prior to the deposit of such funds in the manner prescribed by the Secretary, for the benefit of any person, partnership, corporation, association, organization, or entity other than the Federal Government.

"(B) Any coupon vendor, or any officer, employee, or agent thereof, convicted of violating subparagraph (A) of this paragraph shall be fined not more than $10,000, or a sum equal to the amount of funds involved in the violation, whichever is the greater, or imprisoned not more than ten years, or both: Provided, That if the amount of such funds is less than $1,000, such vendor shall be fined not more than $3,000, or imprisoned not more than one year, or both.

"(4) (A) The Secretary shall by regulation require that upon the deposit, in the manner prescribed by the Secretary, of funds derived from the distribution of coupons (charges made for coupon allotments), coupon vendors shall immediately send a written notice to the State agency, accompanied by an appropriate voucher, confirming such deposit. In addition to such other information deemed by the Secretary to be appropriate, such regulations shall require that the notice contain--,

"(i) the name and address of the coupon vendor;

"(ii) the total receipts of such coupon vendor derived from the distribution of coupons (charges made for coupon allotments) during the deposit period;

"(iii) the amount of the deposit;

"(iv) the name and address of the depository; and

"(v) an oath, or affirmation signed by the coupon vendor, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon vendor, certifying that the information contained in such notice is true and correct to the best of such person's knowledge and belief.

"(B) Any coupon vendor, or any officer, employee, or agent

thereof

convicted of failing to provide the notice required under subparagraph (A) of this paragraph shall be fined not more than $3,000, or imprisoned not more than one year, or both.

"(C) Any coupon vendor, or any officer, employee, or agent thereof, who knowingly provides false information in any notice required under subparagraph (A) of this paragraph shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

"(5)(A) The Secretary shall by regulation require each coupon vendor at intervals prescribed by the Secretary, but not less often than monthly, to send to the Secretary, or his designee, a written report of the vendor's operations during such period under the food stamp program. In addition to such other information deemed by the Secretary to be appropriate, the regulations shall require that the report contain--,

"(i) the name and address of the coupon vendor;

"(ii) the total receipts of the coupon vendor derived from the distribution of coupons (charges made for coupon allotments) during the report period;

"(iii) the total amount of deposits made by the vendor of funds derived from the distribution of coupons (charges made for coupon allotments) during such period;

"(iv) the name and address of each depository receiving such funds from such vendor; and

"(v) an oath, or affirmation, signed by the coupon vendor, or in the case of a corporation or other entity not a natural person, by an appropriate official of the coupon vendor, certifying that the information contained in the report is true and correct to the best of such person's knowledge and belief.

"(B) Any coupon vendor, or any officer, employee, or agent thereof, convicted of failing to provide any notice required under sub-paragraph (A) of this paragraph shall be fined not more than $3,000, or imprisoned not more than one year, or both.

"(C) Any coupon vendor, or any officer, employee, or agent thereof, who knowingly provides false information in any notice required under subparagraph (A) of this paragraph shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

"(6) The Secretary may by regulation require State agencies to provide periodic reports to the Secretary, or his designee, containing a consolidation of the respective coupon vendor's notices to such State agencies at such intervals as the Secretary in his discretion deems appropriate.

"(7) The Secretary and the United States Postal Service shall jointly arrange for the prompt deposit of funds collected by the Postal Service on behalf of a State from charges made for coupon allotments.".

Sec. 3. Section 6 of the Food Stamp Act of 1964, 7 USC 2015. as amended, is amended by redesignating subsections (b) and (c) as subsections (d) and (e), respectively, and inserting new subsections (b) and (c) as follows:

"(b)(1) The Secretary shall by regulation develop an appropriate procedure for determining and monitoring the level of coupon inventories in the hands of coupon vendors for the purpose of insuring that such inventories are at proper levels (taking into consideration the historical and projected volume of coupon distribution by such vendors). Any such regulations shall contain procedures to insure that coupon inventories in the hands of coupon vendors are not in excess of the reasonable needs of such vendors taking into consideration the ease and feasibility of resupplying such coupon inventories. The Secretary may, at his discretion, require periodic reports from such coupon vendors respecting the level of such inventories.

"(2) Any coupon vendor, or any officer, employee, or agent thereof, convicted of failing to provide a report required under paragraph (1) of this subsection shall be fined not more than $3,000, or imprisoned not more than one year, or both.

"(3) Any coupon vendor, or any officer, employee, or agent thereof, who knowingly provides false information in any report required under paragraph (1) of this subsection shall be fined not more than $10,000, or imprisoned not more than tenyears, or both.

"(c)(1) The Secretary shall by regulation prescribe appropriate procedures for the delivery of coupons to coupon vendors and for the custody, care, control, and storage of coupons in the hands of coupon vendors in order to secure such coupons against theft, embezzlement, misuse, loss, or destruction.

"(2) Any coupon vendor, or any officer, employee, or agent thereof, convicted of violating any regulations issued under paragraph (1) of this subsection shall be fined not more than $3,000, or imprisoned not more than one year, or both.".

Sec. 4. Section 3 of the Food Stamp Act of 1964, 7 USC 2012 as amended, is amended by adding at the end thereof a new subsection (o) as follows:

"(o) The term 'coupon vendor' means any person, partnership, corporation, organization, political subdivision, or other entity with which a State agency has contracted for, or to which it has delegated administrative responsibility in connection with, the issuance of coupons to households.".

Approved July 5, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT 94 - 1282 (Comm. on Agriculture).

SENATE REPORT 94 - 714 (Comm. on Agriculture and Forestry).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 8, considered and passed Senate..

June 22, considered and passed House.

PUBLIC LAW 94-338, 90 STAT. 798

94th Congress, S. J. Res.196 July 5, 1976
Joint Resolution Providing for the expression to Her Majesty, Queen Elizabeth II, of the appreciation of the people of the United States for the bequest of James Smithson to the United States, enabling the establishment of the Smithsonian Institution.

Whereas James Smithson, British subject, scholar, and scientist, bequeathed his entire estate to the United States of America "to found at Washington under the name of the Smithsonian Institution an establishment for the increase and diffusion of Knowledge among men;"; and

Whereas the Congress of the United States in 1836 accepted the bequest and pledged the faith of this Nation to the execution of this trust, and in 1846 provided for the establishment of the Smithsonian Institution; and

Whereas the Smithsonian Institution, since the time of its founding, has been mindful of the charge stated in the will of James Smithson and has, through research and publication, through the collecting of natural history specimens and objects of art, culture, history, and technology, and through the creation of museums for the display and interpretation of these collections, been privileged to share its resources, not only with the people of the United States, but with the world community, for purposes of education, enlightenment, and betterment; and

Whereas the generous and inspiring bequest of James Smithson continues to enrich the lives of citizens of every nation: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That on the occasion of the visit of Her Majesty, Queen Elizabeth II, during this year of the Bicentennial of the United States, the people of this Nation make known their appreciation and gratitude for the gift of James Smithson, a gift whose significance grows with the passage of time and remains a lasting symbol of the indivisible cultural bonds which link Great Britain and the United States of America.

Sec. 2. The Secretary of the Senate shall make available to the Secretary of the Smithsonian Institution a copy of this resolution for presentation to Her Majesty, Queen Elizabeth II.

Approved July 5, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1274 (Comm. on Post Office and Civil

Service).

CONGRESSIONAL RECORD, Vol. 122 (1976):

May 13, considered and passed Senate.

June 22, considered and passed House, amended.

June 23, Senate concurred in House amendment.

PUBLIC LAW 94-337, 90 STAT. 796

94th Congress, H.R. 5621 July 4, 1976
AN ACT To authorize the Secretary of the Interior to establish the Valley Forge National Historical Park in the Commonwealth of Pennsylvania, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. 16 USC 410aa. That in order to preserve and commemorate for the people of the United States the area associated with the heroic suffering, hardship, and determination and resolve of General George Washingto's Continental Army during the winter of 1777-1778 at Valley Forge, the Secretary of the Interior (hereinafter referred to as the " Secretary") is authorized to establish the Valley Forge National Historical Aprk (hereinafter referred to as the "park"), in the Commonwealth of Pennsylvania.

Sec. 2. 16 USC 410aa - 1. (a) The park shall comprise the area generally depicted on the map entitled " Valley Forge National Historical Park", dated February 1976, and numbered VF-91,000, which shall be on file and available for inspection in the offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and in the offices of the superintendent of the park. After advising the Committees on Interior and Insular Affairs of the United States Congress, in writing, the Secretary may make minor revisions of the boundaries of the park when necessary by publication of a revised map or other boundary description in the Federal Register.

(b) Within the boundaries of the park, the Secretary may acquire lands and interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer. Any property owned by the Commonwealth of Pennsylvania or any political subdivision thereof may be acquired only by donation. The effective date of such donation shall not be prior to October 1, 1976.

(c) Except for property deemed by the Secretary to be essential for visitor facilities, or for access to or administration of the park, any owners or owners of improved property on the date of its acquisition by the Secretary may, as a condition of such acuqisition, retain for themselves and their successors or assigns a right of use and occupancy of the imporved property for noncommericial residential purposes for a definite term not to exceed twenty-five years, or in lieu thereof, for a term ending at the death of the owner, or the death of his or her spouse, whichever is the later. The owner shall elect the term to be reserved. Unless the property is wholly or partially donated, the Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the right retained by the owner.

(d) The Secretary may terminate a right of use and occupancy retained pursuant to this section upon his determination that such use and occupancy is being exercised in a manner not consistent with the purposes of this Act, and upon tender to the holder of the right of an amount equal to the fair market value of that portion of the right which remains unexpired on the date of termination.

(e) The term "improved property", as used in this section shall mean a detached, noncommercial residential dwelling, the construction of which was begun before January 1, 1975 (hereafter referred to as "dwelling"), together with so much of the land on which the dwelling is situated, the said land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, together with any structures accessory to the dwelling which are situated on the land so designated.

Sec. 3. // 16 USC 410aa-2. // When the Secretary determines that lands and interests therein have been acquired in an amount sufficient to constitue an administerable unit, he shall establish the park by publication of a notice to that effect in the Federal Register: Provided, That the park shall not be established until the Secretary receives commitments which he deems to be sufficient from the Commonwealth of Pennsylvania that the appropriations made by acts 320 and 352 of 1974, and act 12 A of 1975, of the Legislature of the Commonwealth of Pennsylvania, will continue to be available and obligated for development purposes within the park. The Secretary shall administer the property acquired for such park in accordance with the Act of August 25, 1916 (39 Stat. 535), 43 USC 1457. as amended and supplemented, and the Act of August 21,1935(49 Stat. 666), 16 USC 461. as amended.

Sec. 4. (a) There are hereby authorized to be appropriated such sums as amy be necessary to carry out the purposes of this Act // 16 USC 410aa- 3. // but not more than $8,622,000 for the acquisition of lands and interests in lands.

(b) For the development of essential faacilities there are authorized to be appropriated not more than $500,000. Within three years from the date of establishment of the park pursuant to this Act, the Secretary shall, after consulting with the Governor of the Commonwealth of Pennsylvania, develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the development of the park consistent with the objectives of this Act, indicating:

(1) the facilities needed to accommodate the health, safety, and interpretive needs of the visiting public;

(2) the location and estimated cost of all facilities; and

(3) the projected need for any additional facilities within the park.

Approved July 4, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1142 (Comm. on Interior and Insular Affairs).

SENATE REPROTS No. 94 - 817 accompanying S. 1776 (Comm. on Interior and Insular Affairs).

CONGRESSIONAL RECORD, Vol. 122 (1976):

June 8, considered and passed House.

June 11, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDNETIAL DOCUMENTS, Vol. 12, No 27:

July 4, presidential statement.

PUBLIC LAW 94-336, 90 STAT. 795

94th Congress, S. 2945 July 1, 1976
AN ACT To amend the Act of October 15, 1966 (80 Stat. 953; 20

U.S.C. 65a), relating to

the National Museum of the Smithsonian Institution,

so as to authorize additional

appropriations to the Smithsonian Institution for

carrying out the

purposes of said Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2(b) of the National Museum Act of 1966 (20 U.S.C. 65a) is amended to read:

"(b) There are hereby authorized to be appropriated to the Smithsonian Institution $1,000,000 each year for fiscal years 1978,1979, and 1980.".

Approved July 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1125 accompanying H.R. 12505(Comm. on House Administration).

SENATE REPORT No. 94 - 733 (Comm. on Rules and Administration).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Apr. 6, considered and passed Senate.

June 22, considered and passed House, in lieu of H.R. 12505.

PUBLIC LAW 94-335, 90 STAT. 794

94th Congress, S. 2847 July 1, 1976.
AN ACT

To amend section 318 of the Communications Act of 1934, as

as amended, to enable

the Federal Communications Commission to authorize

translator broadcast

stations to originate limited amounts of local

programing, and to authorize

frequency modulations (fm) radio translator stations to

operate unattended

in the same manner as is now permitted for television

broadcast translator

stations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (3) of the first proviso of section 318 of the Communications Act of 1934 (47 U.S. C. 318) is amended--,

(1) by striking out "solely" and inserting in lieu thereof "primarily", and

(2) by striking out "television".

Approved July 1, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1261 accompanying H.R. 9689(Comm. on Interstate and Foreign Commerce).

SENATE REPORT No. 94 - 919(Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 122(1976):

May 27, considered and passed Senate.

June 21, considered and passed House, in lieu of H.r. 9689

PUBLIC LAW 94-334, 90 Stat. 793

94th Congress, H.R. 14114 June 30, 1976
AN ACT To increase the temporary debt limit, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 31 USC 757b note. That the public debt limit set forth in the first sentence of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b) shall be temporarily increased as follows:

(1) for the period beginning on July 1, 1976, and ending on September 30, 1976, by $236,000,000,000,

(2) for the period beginning on October 1, 1976 and ending on September 31, 1977, by $282,000,000,000 and

(3) for the period beginning on April 1, 1977, and ending on September 30, 1977, by $300,000,000,000.

Sec. 2. The last sentence of the second paragraph of the first section of the Second Liberty Bond Act (31 U.S.C. 752) is amended by striking out "$12,000,000,000" and inserting in lieu thereof "$17,000,000,000".

Approved June 30, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1217 (Comm. on Ways and Means).

SENATE REPORTS: No. 94 - 955 (Comm. on Finance) and No. 94 - 1014 (Comm. on Budget).

CONGRESSIONAL RECORD, Vol. 122 (1976):

June 14, considered and passed House.

June 30, considered and passed Senate

PUBLIC LAW 94-333, 90 STAT. 785

94th Congress, H.R. 13965 June 30, 1976
AN ACT Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes, namely:

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

For payment to the District of Columbia for the fiscal year ending June 30, 1976: $248,948,700, 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 $5,688,000 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 " Federal payment to the District of Columbia" for the period July 1, 1976, through September 30, 1976: $66,137,600, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93 - 198, as amended (88 Stat. 793, D.C. Code 47 - 2501d); and $1,422,000 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 - 1545 and 1611).

LOANS TO THE DISTRICT OF COLUMBIA FOR CAPITAL OUTLAY

For loans to the District of Columbia, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93 - 198, D.C. Code 1 - 101 note. $210,000,000, which together with balances of previous appropiations for this purpose, 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 Act.

DIVISION OF EXPENSES

The following amounts are appropriated for the District of Columbia for the current fiscal year and for the period July 1, 1976, through September 30, 1976, out of the general fund of the District of Columbia, except as otherwise specifically provided:

GENERAL OPERATING EXPENSES

General operating expenses, $116,366.400, of which $207,473 shall be available for fiscal year 1973, $6,065,579 shall be available for fiscal year 1974 and $10,103,627 shall be available for fiscal year 1975, of which $4,261,300 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 assesing and reassessing real property in the District of Columbia, $5,000 of the appropriation shall be available for services as authorized by 5 U. S.C. 3109, but at rates for individuals not in excess of $100 per diem: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That $3,260,800 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 this appropriation shall be avilable 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 contirbutions from the Department of Defense to the District of Columbia Office of Civil Defense for the purchase of civil defense equipment and supplies apporved by the Department of Defense, when authorized by the Mayor: Provided further, That not to exceed $42,000 of this appriopraition shall remain available until December 318 1976, for expenses of the District of Columbia Law Revision Commission: Provided further, That not to exceed $15,300 of this appropriation shall be available for the payment of stipends and reimbursements to the Commissioners fo the District of Columbia Law Revision Commission for expenses incurred prior to the enactment of this Act.

For " General operating expenses" for the period July 1, 1976, through September 30, 1976, $30,111,700, of thich $1,065,325 shall be payable from the revenue sharing trust fund: Provided, That not to exceed $625 for the Mayor and $625 for the Chairman of the Council of the District of Columbia shall be avialable 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, $1,250 of the appropriation shall be available for sewrvices 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 $1,875 of this appropriation shall be available for test borings and soil investigations: Provided further, That $837,800 of this appropriation (to remain available until expended) shall be available soley for District of Columbia employees' disability compensation: Provided firther, That not to exceed $81,250 of this 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 firther, That not to exceed $12,500 of any appropriation available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Civil Defense for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Mayor

PUBLIC SAFETY

Public safety, including purchase of two hundred and sixty-five passenger motor vehicles for replacement only (including two hundred and sixty for police type use and five for fire-type use without regard to the general purchase price limitaition for the current fiscal year), $243, 059,100, of which $5,530,500 shal l be payable from the revenue sharing trust fund: Provided, That $1,300,000 of this appropriation shall be available for fiscal year 1975: Provided further, 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 $2,895,000 of this appropriation (to remain available until expended) shall be available for obligations incurred in fiscal year 1975 and fiscal year 1976 for the compensation and reinbursement of attorneys appointed under the District of Cloumbia Criminal justice Act of 1974 (Public Law 93-412): Provided further, That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detention of crime. D.C. Code 11-2601 note.

For " Public safety" for the period July 1, 1976. through September 30, 1976, $64,999,5000, of which $1,382,625 shall be payable from the revenue sharing trust fund: Provided, That not to exceed $50,000 shall be available from this appropriation for the Chief of Police for the prevention and detention of crime.

EDUCAITON

Education, including the developement of national defense edcuation programs, $237,325,900, of which $8,149,000 shall be payable from the revenue sharing trust fund: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $1,000 for the superintendent of School, $1,000 for the Rpesident of Federal City College, and $1,000 for the President of Washington Technical Institute shall be available from this appropriation for expenditures for official purposes.

For " Education" for the period Jult 1, 1976, through September 30, 1976, including the development of national defense education programs, $47,465,200, of which $2,037,250 shall be payable from the revenue sharing trust fund: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $250 for the Superintendent of Schools, $250 for the Rpesident of Federal City College, and $250 for the President of Washington Technical Institute shall be available from this appropriation for expenditures for official purposes.

RECREATION

Recreation, $16,520,000 of which $208,200 shal be payable from the revenue sharing trust fund.

For " Recreation" for the period of July 1, 1976, through September 30, 1976, $4,956,000, of which $52,050 shall be payable from the revenue sharing trust fund.

HUMAN RESOURCES

Human Resources, invluding care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Resources, $264,070,500, of which $7,500,000 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate and outpatient rate shall 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 Elizabths Hospital for patient care shall be $25.18 per diem: Provided further, That totla reimbursement to Saint Elizabeths Hospital, including funds from title XIX of the Social Security Act 42 USC 1396. shall not exceed the amount for the fiscal year 1970: Provided further, That the hospital rates specified herein shall not apply, beginning July 1, 1969, to services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title XIX of the Social Security Act: Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia.

For " Human resources" for the period July 1, 1976, through Spetember 30, 1976, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Resources, $74,871,000 including $333,500 for the improvement of care and treatment of the metallly retarded at Forest Haven, of which $1,875,000 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate and outpatient 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 Hospitalfor patient care shall be $25.18 per diem: Provided further, That total reimbursements to Saint Elizabeths Hospital, including funds from title XIX of the Social Security Act, shall not exceed the amount for the fiscal year 1970: Provided further, That the hospital rates specified herein shall not apply, beginning July 1, 1969, to services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title XIX of the Social Security Act: Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia.

TRANSPORTATION

Transportation, including rental of one passenger-carrying vehicle for use by the Mayor, and purchase of forty-six passenger motor vehicles, of which forty-three shall be for placement only; $24,919,400, of which $2,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles.

For " Transportation" for the period July 1, 1976, through September 30, 1976, including rental of one passenger-carrying vehicle for use by the Mayor; $6,915,600, ofwhich $625,000 shall be payable from the revenue sharing trust fund: Provided, That this appropiation shall not be available for the purchase of driver-training vehicles.

ENVIRONMENTAL SERVICES

Environmental services, $63,492,300, 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 or miscelaneous 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 " Environmental services" for the period July 1, 1976, through September 30, 1976, $16,311,200, of which $375,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for collecting ashes or 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 th District of Columbia.

PERSONAL SERVICES

For pay increases and related costs for Police officers, Firefighters and Teachers to be transferred by the Mayor of the District of Columbia to the appropriations for the fiscal year 1976 from which siad employees are properly payable, $10,000,000.

For pay increases and related cost ofr Police officers, Firefighters and Teachers for the period July 1, 1976, through September 30, 1976, to be transferred by the Mayor of the District of Columbia to the appropriations for the period of July 1, 1976, through September 30, 1976, from which said employees are properly payable, $2,500,000.

SETTLEMENT OF CLAIMS AND SUITS

For payment of property damage claims in excess of $500 and of personal injury claims in excess of $1,000, approved by the Mayor in accordance with the provisions of the Act of February 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), D.C. Code 1 - 902 to 1 - 906. $304,500.

REPAYMENT OF LOANS AND INTEREST

For reimbursement to the United States of funds loaned in compliance with sections 108, 217, and 402 ofthe Act of May 18, 1954 (68 Stat. 103, 109, and 110), as amended; section 9 of the Act of September 7, 1957 (71 Sta. 619), as amended; section 1 of the Act of June 6, 1958 (72 Stat. 183), as amended; and section 4 of the Act of June 12, 1960 (74 Stat. 211), as amended, including interest as required thereby, $63,380,600: Provided, That there are herby approiated 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 further, That the District is authorized to repay outstanding loans form the United States Treasury with funds received from the sale of its first issue of general obligation bonds. D.C. Code 43 - 1540, 43 - 1616, 7 -133. D.C. Code 2 - 1727. D.C. Code 9 - 220. D.C. Code 40 - 1623. D.C. Code 47 - 247, 47 - 248. D.C. Code 47 - 241 note.

BICENTENNIAL SERVICES

for bicentennial services and relatedcost, $700,000, to be available solely for District of Columbia bicentennial activities (to remain available until September 30, 1977) and to be transferred by the Mayor of the District of Columbia to the applicable appropriations from which such services are properly payable.

CAPTIAL OUTLAY

For reimbursement to the United States of funds loaned in compliance with the Act of August 7. 1946 (60 Stat. 896), as amended, and construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244), May 18, 1954 (68 Stat. 105, 110 , june 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 321); D.C. Code 43 - 1510, 43 - 1604, 7 - 133, 9 - 220, 40 - 804, 1 - 1441 note. including acquistion of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, including builiding improvement and alteration and treatment of grounds; to remain available until expended, $117,706,500: Provided, That $3,445,700 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 " Consturction Services, Department of General Services": Provided further, That the amount appropriatied to the Construction Services Fund, Department of Genral Services, be limited, during the current fiscal year, to ten per centum of appropriations for all ocnstruction projects: Rpovided further, Notwithstanding the foregoing, all authorizations for captial 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), D.C. Code 7 - 135 note. for which funds are provided by this paragraph, shall expire on June 30, 1978, except authorization for projects as to which funds ahve 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.

GENERAL PROVISIONS

Sec. 1. Except as otherwise provided herein, all vochers covering expenditures of appropriations contiained in this Act shall be audited before payment by the designated certifying official and the vouchers as apporved shall be paid by checks issued by the designated disbursing official.

Sec. 2. Whenever in this Act an amount is specified within an appropriation for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered maxium amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor.

Sec. 3. Appropriations in this Act shall be available, when authorized or approved by the 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 veneral 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. 4. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor.

Sec. 5. Appropriations in this Act shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission.

Sec. 6. Appropriations in this Act hsall 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. D.C. Code 7 - 701 note.

Sec. 7. 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 judgements which have been entered against the goverment 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, D.C. Code 47 - 1586j. as amended.

Sec. 8. Appropriations in this Act shall be available for the payment of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1962 D.C. Code 3 - 204 note. 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). 42 USC 3801 note.

Sec. 9. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein, except as provided in section 204 of the Supplemental Appropriation Act, 1975 (Public Law 93 - 554). 88 Stat. 1771.

Sec 10. D.C. Code 40 - 501a note. No part of any funds appropriated by this Act shall be used to pay the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the District of Columbia government (other than the Mayor of the District of Columbia, Chief of Police and Fire Chief), of 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 Act, 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. 11. Not to exceed 41/2 per centum of the total of all funds appropriated by this Act for personal cpompensation may be used to pay the cost of overtime or temporary positions.

Sec. 12. The total expenditures of funds appropriated by this Act for authorized travel and per diem costs outside of the District of Columbia, Maryland, and Virginia shall not exceed $210,000 for fiscal year 1976 and $52,500 for the period July 1, 1976, through September 30, 1976.

Sec. 13. D.C. Code 1 - 216 note. Appropriations in this Act shall not be available, during the fiscal year ending June 30, 1976, and for the period July 12, 1976, through September 30, 1976, 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 39,619; 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 preceeding fiscal year.

Sec. 14. No funds appropriated herein, for the government of the District of Columbia for the operation of educational institutions, the compensations 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 groups during non-school hours.

Sec. 15. Appropriations in this Act shall be available for services as authorized by 5 U.S.C. 3109, at rates to be fixed by the Mayor.

Sec. 16. No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, // USC 490. // as amended, for space and services.

This Act may be cited as the District of Columbia Appropriation Act, 1976".

Approved June 30, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No 94 - 1185 (Comm. on Appropriations) and

No. 94 - 1293 (Comm. of Conference).

SENATE REPORT No. 94 - 943 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 122 (1976):

May 26, considered and passed House

June 17, considered and passed Senate, amended.

June 28, House agreed to conference report; receded and

concurred in a Senate amendment; receded and concurred with amendments in certain other Senate amendments.

June 29, Senate agreed to conference report; concurred

in House amendments.

PUBLIC LAW 94-332, 90 STAT. 784

94th Congress, S. 3625 June 30, 1976
AN ACT To extend the expiration date of the Federal Energy Administration Act of 1974.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 15 USC 761 note. That (a) section 30 of the Federal Energy Administration Act of 1974 is amended by striking out " June 30, 1976." and inserting in lieu thereof " July 30, 1976.".

(b) The amendment to the Federal Energy Administration Act of 1974 made by subsection (a) shall take effect on June 30, 1976. 15 USC 761 note.

Approved June 30, 1976.

LEGISLATIVE HISTORY:

CONGRESSIONAL RECORD, Vol. 122(1976):

June 28, considered and passed Senate.

June 30, considered and passed House.

PUBLIC LAW 94-331, 90 STAT. 783

94th Congress, H.R. 10051 June 30, 1976
AN ACT To amend section 815 of the Internal Revenue Code to allow a life insurance company to disregard (for purposes of that section) a distribution during the last month of its taxable year, determined to have been made out of the policyholders surplus account, if such distribution is returned to the company not later than the due date for filing its income tax return (including extensions thereof) for that year, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, // 26 USC 815. // That (a) section 815(d) of the Internal Revenue Code of 1954 (relating to special rules for distributions to shareholders) is amended by adding at the end thereof the following new paragraph:

"(6) Restoration of amounts distributed out of policyholders surplus account.--Notwithstanding any other provision of this subchapter, no amount shall be subtracted from a taxpayer's policyholders surplus account with respect to a distribution made during the last month of the taxable year which, without regard to this paragraph, would be treated in whole or in part as a distribution out of the policyholders surplus account, to the extent that amounts so distributed are returned to the taxpayer no later than the time prescribed by law (including extensions thereof) for filing the taxpayer's return for the taxable year in which the distribution was made. For purposes of this paragraph, amounts returned to a taxpayer with respect to a distribution shall be first applied to the return of amounts which, without regard to this paragraph, would have been treated as distributed out of the policyholders surplus account. This paragraph shall not apply if, at the time such distribution was made, the taxpayer intended to avail itself of the provisions of this paragraph by having its shareholders return all or a part of such distribution. Nothing in this paragraph shall affect the tax treatment of the receipt of the distribution by any shareholder, and the basis to a shareholder of his stock in the taxpayer shall not be increased by reason of amounts returned under this paragraph to the extent that a dividends received deduction or exclusion was allowable in respect of the distribution of such amount under any provision of this title.".

(b) The amendment made by this section shall apply with respect to taxable years ending after December 31, 1957. // 26 USC 815 note. // Sec. 2. EXCLUSION FROM INCOME UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM.

(a) In General.--Section 1612(b) of the Social Security Act, // 42 USC 1382a. // is amended--,

(1) by striking out the word "and" which appears at the end of paragraph (9),

(2) by striking out the period at the end of paragraph (10) and by inserting in lieu thereof "; and",

(3) by inserting the following new paragraph:

"(11) assistance received under the Disaster Relief Act of 1974

// 42 USC 5121 note. //

or other assistance provided pursuant to a Federal statute on account of a catastrophe which is declared to be a major disaster by the President.".

(b) Effective Date.--The amendments made by this Act shall be applicable only in the case of catastrophes which occur on or after June 1, 1976 and before December 31, 1976. // 42 USC 1382a note. // Sec. 3. WITHHOLDING; ESTIMATED TAX PAYMENTS.

(a) Withholding,--,

(1) In General.--Section 3402(a) of the Internal Revenue Code of 1954

// 26 USC 3402. //

(relating to income tax collected at source) is amended by striking out " July 1, 1976" and inserting in lieu thereof " September 1, 1976".

(2) Technical amendment.--Section 209(c) of the Tax Reduction Act of 1975

// 26 USC 3402 note. //

is amended by striking out " July 1, 1976" and inserting in lieu thereof " September 1, 1976".

(b) Estimated Tax Payments by Individuals.--Section 6153(g) of such Code // 26 USC 6153. // (relating to installment payments of estimated income by individuals) is amended by striking out " July 1, 1976" and inserting in lieu thereof " September 1, 1976".

(c) Estimated Tax Payments by Corporations.--Section 6154(h) of such Code // 26 USC 6154. // (relating to installment payments of estimated income by corporations) is amended by striking out " July 1, 1976" and inserting in lieu thereof " September 1, 1976". SEC. 4. AMENDMENT TO SUPPLEMENTAL SECURITY INCOME PROGRAM.

(a) In General.--Section 1612(a) (2) (A) of the Social Security Act // 42 USC 1382a. // is amended--,

(1) by striking out the word "and" which appears at the end of clause (i) thereof and by inserting a comma in lieu of such word, and

(2) by inserting immediately before the semicolon at the end thereof the following: ", and (iii) support and maintenance shall not be included and the provisions of clause (i) shall not be applicable in the case of any individual (and his eligible spouse, if any) for the period which begins with the month in which such individual (or such individual and his eligible spouse) began to receive support and maintenance while living in a residential facility (including a private household) maintained by another person and ends with the close of the month in which such individual (or such individual and his eligible spouse) ceases to receive support and maintenance while living in such a residential facility (or, if earlier, with the close of the fifth month following the month in which such period began), if, not more than 30 days prior to the date on which such individual (or such individual and his eligible spouse) began to receive support and maintenance while living in such a residential facility, (I) such individual (or such individual and his eligible spouse) were residing in a household maintained by such individual (or by such individual and others) as his or their own home, (II) there occurred within the area in which such household is located (and while such individual, or such individual and his spouse, were residing in the household referred to in subclause (I)) a catastrophe on account of which the President declared a major disaster to exist therein for purposes of the Disaster Relief Act of 1974, and (II) such individual declares that he (or he and his eligible spouse) ceased to continue living in the household referred to in subclause (II) because of such catastrophe".

(b) Effective Date.--The amendments made by this Act shall be applicable only in the case of catastrophes which occur on or after June 1, 1976 and before December 31, 1976.

Approved June 30, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1263 (Comm. on Ways and Means).

CONGRESSIONAL RECORD, Vol. 122 (1976):

June 22, considered and passed House.

June 28, considered and passed Senate, amended.

June 29, House agreed to Senate amendments.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 27:

June 30, Presidential statement.

PUBLIC LAW 94-330, 90 STAT. 771

94th CONGRESS, H.R. 12203 June 30, 1976
AN ACT Making appropriations for Foreign Assistance and related programs for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Foreign Assistance and related programs for the fiscal year ending June 30, 1976, and the period ending September 30, 1976, and for other purposes, namely:

TITLE I--FOREIGN ASSISTANCE ACT ACTIVITIES Funds Appropriated To The President

For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, // 22 USC 2151 note. // as amended, and for other purposes, to remain available until June 30, 1976, and the period ending September 30, 1976, unless otherwise specified herein, as follows:

ECONOMIC ASSISTANCE

Food and nutrition, Development Assistance: For necessary expenses to carry out the provisions of section 103, // 22 USC 2151a. // $426,600,000: Provided, That the amounts provided for loans to carry out the purposes of these paragraphs shall remain available until expended.

For " Food and nutrition, Development Assistance" for the period July 1, 1976, through September 30, 1976, $112,500,000.

Population planning and health, Development Assistance: For necessary expenses to carry out the provisions of section 104, // 22 USC 2151b. // $146,400,000: Provided, That not less than $103,000,000 of such amount shall be available only for population planning: Provided further, That the amounts provided for loans to carry out the purposes of these paragraphs shall remain available until expended.

For " Population planning and health, Development Assistance" for the period July 1, 1976, through September 30, 1976, $33,450,000.

Education and human resources development, Development Assistance: For necessary expenses to carry out the provisions of section 105, // 22 USC 2151c. // $60,800,000: Provided, That the amounts provided for loans to carry out the purposes of these paragraphs shall remain available until expended.

For " Education and human resources development, Development Assistance" for the period July 1, 1976, through September 30, 1976, $8,800,000.

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. // $57,400,000: Provided, That the amounts provided for loans to carry out the purposes of these paragraphs shall remain available until expended.

For " Technical assistance, energy, research, reconstruction, and selected development problems, Development Assistance" for the period July 1, 1976, through September 30, 1976, $11,100,000.

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 1976 and not less than $75,000,000 shall be available for loans for the period July 1, 1976, through September 30, 1976.

International organizations and programs: For necessary expenses to carry out the provisions of section 301, // 22 USC 2221. // $175,250,000: 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 only for the International Atomic Energy Agency to be used for the purpose of strengthening safeguards and inspections relating to nuclear fissile facilities and materials: Provided further, That none of the funds appropriated or made available pursuant to this Act shall be used to supplement the funds provided to the United Nations Development Program in fiscal year 1975.

For " International organizations and programs" for the period July 1, 1976, through September 30, 1976, $16,300,000.

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. // $7,500,000.

American schools and hospitals abroad: For necessary expenses to carry out the provisions of section 214, // 22 USC 2174. // $19,800,000.

For " American schools and hospitals abroad" for the period July 1, 1976, through September 30, 1976, $2,400,000.

American schools and hospitals abroad (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.

For " American schools and hospitals abroad (special foreign currency program)" for the period July 1, 1976, through September 30, 1976, $1,750,000, in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States, to remain available until expended.

John Mc Cormack Center, St. John's Medical College (special foreign currency program): For necessary expenses to carry out the purposes of Part I, as authorized by section 612(a), // 22 USC 2362. // $13,650,000 in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States: Provided, That such amount shall be available solely for the John W. Mc Cormack Center, the Hospital of St. John's Medical College, Bangalore, India, and that of such amount not more than $9,000,000 shall be available for an endowment to assist needy patients at the Center.

Indus Basin Development Fund, grants: For necessary expenses to carry out the provisions of section 302(b) (2) // 22 USC 2222. // with respect to Indus Basin Development Fund, grants, $9,000,000: Provided, That no other funds appropriated or made available under this Act shall be used for the purposes of such section during the current fiscal year.

For " Indus Basin Development Fund, grants" for the period July 1, 1976, through September 30, 1976, $2,250,000.

Indus Basin Development Fund, loans: For expenses authorized by section 302(b) (1) $10,000,000, to remain available until expended: Provided, That no other funds appropriated or made available under this Act shall be used for the purposes of such section during the current fiscal year.

Contingency fund: For necessary expenses $5,000,000, to be used for the purposes set forth in section 451. // 22 USC 2261. //

For " Contingency fund" for the period July 1, 1976, through September 30, 1976, $1,250,000.

International disaster assistance: For necessary expenses to carry out the provisions of section 495 A, // 22 USC 2292a-1. // $45,000,000: Provided, That of this amount $25,000,000 shall be available only for Guatemala disaster relief assistance: Provided further, That the President shall submit quarterly reports to the Committee on Appropriations of the United States Senate and to the Committee on Appropriations of the House of Representatives on the programing and obligation of funds appropriated for International Disaster Assistance.

For " International disaster assistance" for the period July 1, 1976, through September 30, 1976, $5,000,000.

African development program: For necessary expenses to carry out the provisions of section 494 B, // 22 USC 2292e. // $5,000,000.

Cyprus relief and rehabilitation: For necessary expenses to carry out the provisions of section 495, // 22 USC 2292f. // $25,000,000.

For " Cyprus relief and rehabilitation" for the period July 1, 1976, through September 30, 1976, $5,000,000.

International narcotics control: For necessary expenses to carry out the provisions of section 481, // 22 USC 2291. // $37,500,000.

For " International narcotics control" for the period July 1, 1976, through September 30, 1976, $9,375,000.

Payment to the Foreign Service Retirement 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, // 42 USC 2362. // $200,000 in foreign currencies which the Treasury declares to be excess to the normal requirements of the Unites States.

Except for the Contingency Fund, unobligated balances as of June 30, 1975, and June 30, 1976, of funds heretofore made available under the authority of the Foreign Assistance Act of 1961, // 42 USC 2151 note. // as amended, except as otherwise provided by law, are hereby continued available through September 30, 1976, for the same general 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 general 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 general 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 the 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," " United Nations Environment Fund," " American schools and hospitals abroad," " Indus Basin Development Fund," " International narcotics control," " African development program," " Security supporting assistance," " Operating Expenses of the Agency for International Development," " Middle East Special requirements fund," " Military assistance," " International military education and training," " Inter-American Foundation," " Peace Corps," " Migration and refugee assistance," or " 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 the current fiscal year without the approval of the Appropriations Committees of both Houses of the Congress.

MIDDLE EAST SPECIAL REQUIREMENTS FUND

Middle East special requirements fund: For necessary expenses to carry out the provisions of section 901 and section 903 of the Foreign Assistance Act of 1961, // 22 USC 2441 2443. // as amended, $50,000,000: 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.

For " Middle East special requirements fund" for the period July 1, 1976, through September 30, 1976, $10,000,000.

SECURITY SUPPORTING ASSISTANCE

Security supporting assistance: For necessary expenses to carry out the provisions of section 531 of the Foreign Assistance Act of 1961, // 22 USC 2346. // as amended, $1,689,900,000: Provided, That of the funds appropriated under this paragraph, $700,000,000 shall be allocated to Israel, $695,000,000 shall be allocated to Egypt, $72,500,000 shall be allocated to Jordan, $80,000,000 shall be allocated to Syria, and $65,000,000 shall be allocated to Greece.

For " Security Supporting Assistance" for the period July 1, 1976, through September 30, 1976, $269,700,000: Provided, That of the funds appropriated under this paragraph, $75,000,000 shall be allocated to Israel, $100,000,000 shall be allocated to Egypt, $60,000,000 shall be allocated to Jordan, and $15,000,000 shall be allocated to Syria.

OPERATING EXPENSES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT

For " Operating Expenses of the Agency for International Development", $194,600,000.

For " Operating Expenses of the Agency for International Development" for the period July 1, 1976, through September 30, 1976, $55,500,000.

MILITARY ASSISTANCE

Military assistance: For necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961, // 22 USC 2311. // as amended, including administrative expenses and purchase of passenger motor vehicles for replacement only for use outside of the United States, $225,000,000; and, for liquidation of obligations incurred pursuant to the authority of section 506 of the Foreign Assistance Act of 1961, // 22 USC 2318. // as amended, $275,000,000: Provided, That none of the funds contained in this paragraph shall be available for the purchase of new automotive vehicles outside of the United States.

For " Military Assistance" for the period July 1, 1976, through September 30, 1976, $27,200,000.

INTERNATIONAL MILITARY EDUCATION AND TRAINING

International military education and training: For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, as amended, $23,000,000.

For " International military education and training" for the period July 1, 1976, through September 30, 1976, $5,750,000.

OVERSEAS PRIVATE INVESTMENT CORPORATION

The Overseas Private Investment Corporation is authorized to make such expenditures within the limits of funds available to it and in accordance with law (including not to exceed $10,000 for entertainment allowances), and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the program set forth in the budget for the current fiscal year and for the period July 1, 1976, through September 30, 1976.

INTER- AMERICAN FOUNDATION

The Inter-American Foundation is authorized to make such expenditures within the limits of funds available to it and in accordance with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out its authorized programs during the current fiscal year and for the period July 1, 1976, through September 30, 1976: Provided, That not to exceed $7,500,000 shall be available to carry out the authorized programs during the current fiscal year.

For " Inter-American Foundation" for the period July 1, 1976, through September 30, 1976, not to exceed $1,875,000 shall be available to carry out the authorized programs.

GENERAL PROVISIONS

Sec. 101. None of the funds herein appropriated (other than funds appropriated for " International organizations and programs" and " Indus Basin Development Fund") shall be used to finance the construction of any new folld 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 1976 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 enactment 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 $15,000,000 may be used during the current fiscal year and the period July 1, 1976, through September 30, 1976, in carrying out research under section 106(a) (3) of the Foreign Assistance Act of 1961, // 22 USC 2151d. // as amended.

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, // 22 USC 2169, 2211. // as amended.

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, Cambodia or Laos.

Sec. 109. None of the funds appropriated or made available pursuant to this Act shall be obligated or expended to finance directly or indirectly any type of military assistance to Angola.

Sec. 110. None of the funds appropriated or made available pursuant to this Act shall be obligated or expended to finance directly or indirectly, (A) the planning or carrying out of any assassination, or (B) the financing directly or indirectly any foreign political activity or to otherwise influence any foreign election in peace time.

Sec. 111. All amounts due and owing on loans made for the benefit of the Weizmann Institute, Hebrew University, Tel Aviv University, Israel Institute of Technology, American-Israeli Cultural Foundation, Bar Ilan University, Israel Program for Scientific Translations, Keren Hanegev and Misrachi Women's Organization of America from funds available under title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (Public Law 480), // 1 USC 1701 et seq. // are hereby waived and forgiven.

Sec. 112. The Act of May 23, 1975 (making appropriations for special assistance to refugees from Cambodia and Vietnam, Public Law 94 - 24) // 89 Stat. 89. // is hereby amended by striking out " Cambodia and Vietnam" each place it appears therein and inserting in lieu thereof " Cambodia, Vietnam, and Laos".

Sec. 113. Of the funds appropriated or made available pursuant to this Act not to exceed $103,000 shall be for Official Residence Expenses of the Agency for International Development during the fiscal year ending June 30, 1976; and not to exceed $28,500 shall be for Official Residence Expenses of the Agency for International Development for the period July 1, 1976 through September 30, 1976.

Sec. 114. Of the funds appropriated or made available pursuant to this Act not to exceed $19,000 shall be for Entertainment Expenses of the Agency for International Development during the fiscal year ending June 30, 1976; and not to exceed $4,750 shall be for Entertainment Expenses of the Agency for International Development for the period July 1, 1976 through September 30, 1976.

Sec. 115. Of the funds appropriated or made available pursuant to this Act not to exceed $91,000 shall be for Representation Allowances of the Agency for International Development during the fiscal year ending June 30, 1976; and not to exceed $23,000 shall be for Representation Allowances of the Agency for International Development for the period July 1, 1976 through September 30, 1976.

TITLE II-- FOREIGN MILITARY CREDIT SALES Foreign Military Credit Sales

For expenses not otherwise provided for, necessary to enable the President to carry out the provisions of the Foreign Military Sales Act, // 22 USC 2751 note. // $1,065,000,000: Provided, That of the amount provided for the total aggregate credit sale ceiling during the current fiscal year, not less than $1,500,000,000 shall be allocated to Israel.

For " Foreign Military Credit Sales" for the period July 1, 1976, through September 30, 1976, $140,000,000: Provided, That of the amount provided for the total aggregate credit sale ceiling during the period July 1, 1976 through September 30, 1976, not less than $200,000,000 shall be allocated to Israel.

TITLE III-- FOREIGN ASSISTANCE (OTHER) Independent Agency Action--International Programs PEACE CORPS

For expenses necessary for Action to carry out the provisions of the Peace Corps Act (75 Stat. 612), // 22 USC 2501 note. // as amended, $80,826,000: Provided, That of this amount $7,599,000 shall be for Peace Corps volunteer readjustment allowances, as authorized by Public Law 94 - 130.

For " Action--International Programs (Peace Corps)" for the period July 1, 1976, through September 30, 1976, $24,000,000: Provided, That of this amount not less than $2,684,000 shall be used to fund Peace Corps volunteer readjustment allowances, as authorized by Public Law 94 - 130. // 89 Stat. 684. //

Department of Health, Education, and Welfare ASSISTANCE TO REFUGEES IN THE UNITED STATES (CUBAN PROGRAM)

For expenses necessary to carry out the provisions of the Migration and Refugee Assistance Act of 1962 (Public Law 87 - 510), // 22 USC 2601 note. // relating to aid to refugees within the United States (Cuban program) including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $85,000,000.

For " Assistance to refugees in the United States (Cuban program)" for the period July 1, 1976, through September 30, 1976, $19,000,000.

Department of State

MIGRATION and REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C. 801 - 1158); allowances as authorized by 5 U.S.C. 5921 - 5925; hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109; $9,000,000: Provided, That of this amount not more than $3,054,390 shall be available for the United States Refugee Program, and, of which not to exceed $8,171,000 shall remain available until December 31, 1976: 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 " Migration and refugee assistance" for the period July 1, 1976, through September 30, 1976, $700,000.

EMERGENCY MIGRATION AND REFUGEE ASSISTANCE FUND

For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Authorization Act of 1962, as amended (22 U.S.C. 2601), $5,000,000.

ASSISTANCE TO REFUGEES FROM THE SOVIET UNION AND OTHER COMMUNIST COUNTRIES IN EASTERN EUROPE

For necessary expenses to carry out the provisions of section 101 (b) of the Foreign Relations Authorization Act of 1972 and the provisions of section 501(c) of the Foreign Relations Authorization Act, Fiscal Year 1976, $15,000,000.

Funds Appropriated To The President International Financial Institutions INVESTMENT IN ASIAN DEVELOPMENT BANK

For payment by the Secretary of the Treasury of the second installment of the United States subscription to the (1) paid-in capital stock; (2) callable capital stock; and (3) for the United States contribution to the special funds of the Asian Development Bank, as authorized by the Asian Development Bank Act of December 22, 1974 (Public Law 93 - 537), // 22 USC 285q, 285r. // $145,634,909, to remain available until expended.

INVESTMENT IN INTER- AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Development Bank by the Secretary of the Treasury for the United States share of the increase in the resources of the Fund for Special Operations authorized by the Acts of December 30, 1970 (Public Law 91 - 599), // 84 Stat. 1657. // and March 10, 1972 (Public Law 92 - 246), // 86 Stat. 59. 22 USC 283p- 283s. // $225,000,000 to remain available until expended: Provided, That the amounts made available under this head in the " Foreign Assistance and Related Programs Appropriations Act, 1975" shall be available without limitation, notwithstanding the three provisos contained therein.

INVESTMENT IN INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment by the Secretary of the Treasury of the first 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. // $320,000,000, to remain available until expended.

TITLE IV-- EXPORT- IMPORT BANK OF THE UNITED STATES

The Export-Import Bank of the United States is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, // 31 USC 849. // as amended, as may be necessary in carrying out the program set forth in the budget for the current fiscal year and for the period July 1, 1976, through September 30, 1976, for such corporation, except as hereinafter provided.

LIMITATION ON PROGRAM ACTIVITY

Not to exceed $5,619,945,000 (of which not to exceed $3,000,000,000 shall be for equipment and service loans) shall be authorized during the current fiscal year for other than administrative expenses.

For " Limitation on program activity" for the period July 1, 1976, through September 30, 1976, not to exceed $1,436,813,000 (of which not to exceed $737,500,000 shall be for equipment and service loans).

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $11,412,000 (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 $20,000 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, and (3) expenses (other than internal expenses of the Bank) incurred in connection with the issuance and servicing of guarantees, insurance, and reinsurance, shall be considered as nonadministrative expenses for the purposes hereof.

For " Limitation on administrative expenses" for the period July 1, 1976, through September 30, 1976, $2,948,000, of which not to exceed $5,000 shall be for entertainment allowances for members of the Board of Directors.

TITLE V--GENERAL PROVISIONS

Sec. 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress.

Sec. 502. No part of any appropriation contained in this Act shall be used for expenses of the Inspector General, Foreign Assistance, after the expiration of the thirty-five day period which begins on the date the General Accounting Office or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering foreign assistance legislation, appropriations, or expenditures, has delivered to the Office of the Inspector General, Foreign Assistance, a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material in the custody or control of the Inspector General, Foreign Assistance, relating to any review, inspection or audit arranged for directed or conducted by him, unless and until there has been furnished to the General Accounting Office or to such committee or subcommittee, as the case may be, (A) the document, paper, communication, audit, review, finding, recommendation, report, or other material so requested or (B) a certification by the President, personally, that he has forbidden the furnishing thereof pursuant to such request and his reason for so doing.

Sec. 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, except as provided by section 204 of Public Law 93 - 554. // 88 Stat. 1784. //

Sec. 504. No part of any appropriation, funds, or other authority contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, // 40 USC 490. // as amended, for space and services.

Sec. 505. Not to exceed $1,550,000 of the funds appropriated or made available pursuant to this Act for fiscal year 1976 shall be made available to the Office of the Inspector General of Foreign Assistance: Provided, That not to exceed $375,000 of the funds appropriated or made available pursuant to this Act for the period July 1, 1976 through September 30, 1976 shall be made available to the Office of the Inspector General of Foreign Assistance.

Sec. 506. Beginning three months from the date of enactment of this Act, 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 or 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. 507. The amounts appropriated in this Act shall be available only upon the enactment of authorizing legislation.

This Act may be cited as the " Foreign Assistance and Related Programs Appropriations Act, 1976, and the period ending September 30, 1976".

Approved June 30, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT: No. 94 - 857 (Comm. on Appropriations) and No. 94 - 1006 (Comm. of Conference).

SENATE REPORT No. 94 - 704 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 4, considered and passed House.

Mar. 23, considered and passed Senate, amended.

June 28, House agreed to conference report; receded and concurred in Senate amendments with amendments.

June 29, Senate agreed to House amendments.

WEEKLY COMPLIATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 27:

July 1, Presidential statement.

PUBLIC LAW 94-329, 90 STAT. 729

94th Congress, H.R. 13680 June 30, 1976
AN ACT To amend the Foreign Assistance Act of 1961 and the Foreign Military Sales Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 22 USC 2151 note. That this Act may be cited as the " International Security Assistance and Arms Export Control Act of 1976".

TITLE 1--MILITARY ASSISTANCE PROGRAM AUTHORIZATION

Sec.101. Section 504(a) of the Foreign Assistance Act of 1961 22 USC 2312. is amended to read as follows:

"(a)(1) There is authorized to be appropriated to the President to carry out the purposes of this chapter $196,700,000 for the fiscal year 1976 and $177,300,000 for the fiscal year 1977. Not more than the following amounts of funds available for carrying out this chapter (other than funds appropriated under section 507 of the International Security Assistance and Arms Export Control Act of 1976) may be allocated and made available to each of the following countries for such fiscal years:

Country Fiscal Year 1976 Fiscal year 1977

Amount Amount

Greece----------------------$31,000,00 $33,000,000

Indonesia-------------------$13,000,000 $15,000,000

Jordan----------------------$50,000,000 $55,000,000

Republic of Korea----------$55,000,000 $8,300,000

Philippines-----------------$17,000,000 $17,000,000

Thailand--------------------$16,000,000 $16,000,000

Turkey----------------------$31,000,000 $50,000,000

Ethiopia--------------------$6,000,000 $6,000,000 The amount specified in this paragraph for military assistance to any such country for fiscal year 1976 or for fiscal year 1977 may be increased by not more than 10 per centum of such amount if the President deems such increase necessary for the purposes of this chapter.

"(2) Not to exceed $6,000,000 of the funds available for fiscal year 1976 to carry out the purposes of this chapter, and not to exceed $3,700,000 of the funds available for fiscal year 1977 to carry out the purposes of this chapter (other than funds appropriated under section 507 of the International Security Assistance and Arms Export Control Act of 1976), may be used to provide assistance to international organizations and, subject to the limitations contained in paragraph (3), to countries which are not designated in paragraph (1).

"(3) Funds available for assistance under this chapter may not be used to furnish assistance to more than 20 countries (including those countries designated in paragraph (1)) in fiscal year 1976. Funds available for assistance under this chapter (other than funds appropriated under section 507 of the International Security Assistance and Arms Export Control Act of 1976) may not be used to furnish assistance to more than 12 countries (including those countries designated in paragraph (1)) in fiscal year 1977.

"(4) The authority of section 610(a) and of section 614(a) 22 USC 2351, 2364. may not be used to increase any amount specified in paragraph (1) or (2). The limitations contained in paragraphs (1), (2), and (3) shall not apply to emergency assistance furnished under section 506(a).

"(5) There is authorized to be appropriated to the President, for administrative and other related rdexpenses incurred in carrying out the purposes of this chapter, $32,000,000 for the fiscal year 1976 and $70,000,000 for the fiscal year 1977.

"(6) None of the funds appropriated under this subsection shall be used to furnish sophisticated weapons systems, such as missile systems or jet aircraft for military purposes, to any less developed country not specified in paragraph (1) unless the President determines that the furnishing of such weapons systems is important to the national security of the United States and reports within thirty days each such determination to the Congress.

"(7) Amounts appropriated under this subsection are authorized to remain available until expended.

"(8) Assistance for Turkey under this chapter shall be subject to the requirements of section 620(x) of this Act.". 22 USC 2370.

SPECIAL AUTHORITY

Sec.102. Section 506(a) of the Foreign Assistance Act of 1961 22 USC 2318. is amended to read as follows:

"(a)(1) If the President first determines and reports to Congress in accordance with section 652 of this Act--, 22 USC 2411.

"(A) that an unforeseen emergency exists which requires immediate military assistance to a foreign country or international organization;

"(B) that a failure to respond immediately to that emergency will result in serious harm to vital United States security interests; and

"(C) that the emergency requirement cannot be met under authority of the Arms Export Control Act or any other law except this section;

he may order defense articles from the stocks of the Department of Defense and defense services for the purposes of this part, subject to reimbursement from subsequent appropriations made specifically therefor under subsection (b).

"(2) The total value of defense articles and defense services ordered under this subsection in any fiscal year may not exceed $67,500,000. The authority contained in this subsection shall be effective in any fiscal year only to the extent provided in an appropriation Act.

"(3) The President shall keep the Congress fully and currently informed of all defense articles and defense services ordered under this subsection.".

STOCKPILING OF DEFENSE ARTICLES FOR FOREIGN

COUNTRIES

Sec.103. Section 514 of the Foreign Assistance Act of 1961 22 USC 2321h. is amended to read as follows:

" Sec. 514. Stockpiling of Defense Articles for Foreign Countries.--, (a) No defense article in the inventory of the Department of Defense which is set aside, reserved, or in any way earmarked or intended for future use by any foreign country may be made available to or for use by any foreign country unless such transfer is authorized under this Act or the Arms Export Control Act, or any subsequent corresponding legislation, and the value of such transfer is charged against funds authorized under such legislation or against the limitations specified in such legislation, as appropriate, for the fiscal period in which such defense article is transferred. For purposes of this subsection, "value" means the acquisition cost plus crating, packing, handling, and transportation costs incurred in carrying out this section.

"(b)(1) The value of defense articles to be set aside, earmarked, reserved, or intended for use as war reserve stocks for allied or other foreign countries (other than for purposes of the North Atlantic Treaty Organization) in stockpiles located in foreign countries may not exceed in any fiscal year an amount greater than is specified in security assistance authorizing legislation for that fiscal year.

"(2) The value of such additions to stockpiles in foreign countries shall not exceed $93,750,000 for the period beginning July 1, 1975, and ending September 30, 1976, and $125,000,000 for the fiscal year 1977.

"(c) Except for stockpiles in existence on the date of enactment of the International Security Assistance and Arms Export Control Act of 1976 and for stockpiles located in countries which are members of the North Atlantic Treaty Organization, no stockpile may be located outside the boundaries of a United States military base or a military base used primarily by the United States.

"(d) No defense article transferred from any stockpile which is made available to or for use by any foreign country may be considered an excess defense article for the purpose of determining the value thereof.

"(e) The President shall promptly report to the Congress each new stockpile, or addition to an existing stockpile, described in this section of defense articles valued in excess of $10,000,000 in any fiscal year.".

TERMINATION OF MILITARY ASSISTANCE ADVISORY GROUPS AND MISSIONS

Sec. 104. Section 515 of the Foreign Assistance Act of 1961 22 USC 2321i. is amended--,

(1) by striking out " Effective July 1, 1976," and inserting in lieu thereof "(a) During the period beginning July 1, 1976, and ending September 30, 19778"; and

(2) by adding at the end thereof the following new subsections:

"(b)(1) After September 30, 1977, no military assistance advisory group, military mission, or other organization of United States military personnel performing similar military advisory functions under this Act may operate in any foreign country unless specifically authorized by the Congress.

"(2) The President may assign not more than three members of the Armed Forces of the United States to the Chief of each United States Diplomatic Mission to perform such functions as such Chief of Mission determines necessary with respect to international military education and training provided under chapter 5 of this part, to sales of defense articles and services under the Arms Export Control Act, or to such other international security assistance programs as the President may designate. After September 30, 1977, no such functions or related activities may be performed by any defense attach'es assigned, detailed, or attached to the United States Diplomatic Mission in any foreign country.

"(c) After September 30, 1976, the number of military missions, groups, and similar organizations may not exceed 34.

"(d) As used in this section, the term 'military assistance advisory group, military mission, or other organization of United States military personnel performing similar advisory functions under this Act' does not include regular units of Armed Forces of the United States engaged in routine functions designed to bring about the standardization of military operations and procedures between the Armed Forces of the United States and allies of the United States.".

TERMINATION OF AUTHORITY TO FURNISH GRANT MILITARY ASSISTANCE

Sec. 105. Chapter 2 of part 11 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:

" Sec. 516. 22 USC 2321j. Termination of Authority.--(a) Except to the extent that the Congress may, subsequent to the enactment of this section, authorize the furnishing of military assistance in accordance with this chapter to specified countries in specified amounts, the authorities contained in this chapter (other than the authorities contained in sections 506, 514, and 515(b)(2)) 22 USC 2318. may not be exercised after September 30, 1977, except that such authorities shall remain available until September 30, 1980, to the extent necessary to carry out obligations incurred under this chapter on or before September 30, 1977.

"(b) Funds available to carry out this chapter shall be available notwithstanding the limitations contained in paragraphs (2) and (3) of section 504(a) of this Act--,

"(1) for the winding up of military assistance programs under this chapter, including payment of the costs of packing, crating, handling, and transporting defense articles furnished under this chapter and of related administrative costs; and

"(2) for costs incurred under section 503(c)

22 USC 2311.

with respect to defense articles on loan to countries no longer eligible under section 504(a) for military assistance.".

INTERNATIONAL MILITARY EDUCATION AND TRAINING

Sec. 106. (a) Part 11 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new chapter:

" Chapter 5--International Military Education and Training

" Sec. 541. 22 USC 2347. General Authority.--The President is authorized to furnish, on such terms and conditions consistent with this Act as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and related civilian personnel of foreign countries. Such training and education may be provided through--,

"(1) attendance at military educational and training facilities in the United States (other than Service academies) and abroad;

"(2) attendance in special courses of instruction at schools and institutions of learning or research in the United States and abroad; and

"(3) observation and orientation visits to military facilities and related activities in the United States and abroad.

" Sec. 542. 22 USC 2347a. Authorization.--There are authorized to be appropriated to the President to carry out the purposes of this chapter $27,000,000 for the fiscal year 1976 and $30,200,000 for the fiscal year 1977.

After

June 30, 1976, no training under this section may be conducted outside the United States unless the President has reported and justified such training to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.

" Sec. 543. 22 USC 2347b. Purposes.--Education and training activities conducted under this chapter shall be designed--,

"(1) to encourage effective and mutually beneficial relations and increased understanding between the United States and foreign countries in furtherance of the goals of international peace and security; and

"(2) to improve the ability of participating foreign countries to utilize their resources, including defense articles and defense services obtained by them from the United States, with maximum effectiveness, thereby contributing to greater self-reliance by such countries.".

(b) The Foreign Assistance Act of 1961 is amended as follows:

(1) Section 510 is repealed.

22 USC 2321a.

(2) Section 622 is amended--,

22 USC 2382.

(A) in subsection (b) by inserting "and military

education and training" immediately after "(including civic action)"; and (B) by amending subsection (c) to read as follows:

"(c) Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of economic assistance, military assistance, and military education and training programs, including but not limited to determining whether there shall be a military assistance (including civic action) or a military education and training program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby.".

(3) Section 623

22 USC 2383.

is amended--,

(A) in subsection (a)(4) by inserting "and related

civilian"

immediately after "military"; and

(B) in subsection (a)(6) by inserting ", education and

training" immediately after "assistance".

(4) Section 632

22 USC 2392.

is amended--,

(A) in subsections (a) and (e) by inserting", military

education and training" immediately after "articles" whereever it appears; and

(B) in subsection (b) by striking out "and defense

articles"

and inserting in lieu thereof ", defense articles, or military education and training".

(5) Section 6366

22 USC 2396.

is amended--,

(A) in subsection (g) (1) by inserting", military

education

and training" immediately after "articles"; and

(B) in subsection (g) (2) and in subsection (g) (3) by

striking out "personnel" and inserting in lieu thereof "and related civilian personnel".

(6) Section 644

22 USC 2403.

is amended--,

(A) by amending subsection (f) to read as follows:

"(f) Defense service" includes any service, test, inspection, repair, publication, or technical or other assistance or defense information used for the purposes of furnishing military assistance, but does not include military educational and training activities under chapter 5 of part 11."; and

(B) by adding at the end thereof the following new

subsection:

"(n) " Military education and training" includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aids, orientation, and military advice to foreign military units and forces.".

(c) 22 USC 2321a note. Except as may be expressly provided to the contrary in this Act, all determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law amended or repealed by this section shall continue in full force and effect until modified, revoked, or superseded by appropriate authority.

(d) 22 USC 2347 note. Funds made available pursuant to other provisions of law for foreign military educational and training activities shall remain available for obligation and expenditure for their original purposes in accordance with the provisions of law originally applicable to those purposes or in accordance with the provisions of law currently applicable to those purposes.

TITLE 11--ARMS EXPORT CONTROLS CHANGE IN TITLE

Sec. 201. 22 USC 2751 note. (a) The first section of the Foreign Military Sales Act is amended by striking out " The Foreign Military Sales Act" and inserting in lieu thereof "the " Arms Export Control Act".

(b) Any reference to the Foreign Military Sales Act shall be deemed to be a reference to the Arms Export Control Act.

ARMS SALES POLICY

Sec. 202. 22 USC 2751. (a) Section 1 of the Foreign Military Sales Act is amended by striking out the last paragraph and inserting in lieu thereof the following new paragraphs:

" It shall be the policy of the United States to exert leadership in the world community to bring about arrangements for reducing the international trade in implements of war and to lessen the danger of outbreak of regional conflict and the burdens of armaments. United States programs for or procedures governing the export, sale, and grant of defense articles and defense services to foreign countries and international organizations shall be administered in a manner which will carry out this policy.

" It is the sense of the Congress that the President should seek to initiate multilateral discussions for the purpose of reaching agreements among the principal arms suppliers and arms purchasers and other countries with respect to the control of the international trade in armaments. It is further the sense of Congress that the President should work actively with all nations to check and control the international sale and distribution of conventional weapons of death and destruction and to encourage regional arms control arrangements. In furtherance of this policy, the President should undertake a concerted effort to convene an international conference of major arms-supplying and arms-purchasing nations which shall consider measures to limit conventional arms transfers in the interest of international peace and stability.

" It is the sense of the Congress that the aggregate value of defense articles and defense services--,

"(1) which are sold under section 21 or section 22 of this Act; or

"(2) which are licensed or approved for export under section 38 of this Act to, for the use, or for benefit of the armed forces, police, intelligence, or other internal security forces of a foreign country or international organization under a commercial sales contract;

in any fiscal year should not exceed current levels.".

(b)(1) 22 USC 2751 note. The President shall conduct a comprehensive study of the arms sales policies and practices of the United States Government, including policies and practices with respect to commercial arms sales, in order to determine whether such policies and practices should be changed. Such study shall examine the rationale for arms sales to foreign countries, the benefits to the United States of such arms sales, the risks to world peace as a result of such arms sales, trends in arms sales by the United States and other countries, and steps which might be taken by the United States to provide for limitations on arms sales. In addition, such study shall include an evaluation of the impact of United States arms sales policies on the economic and social development of foreign countries and consideration of steps which might be taken by the United States to encourage the maximum use of the resources of the developing countries for economic and social development purposes.

(2) Not later than the end of the one-year period beginning on the date of enactment of this section, the President shall submit to the Congress a report setting forth in detail (A) the findings made and conclusions reached as a result of the study conducted pursuant to paragraph (1) of this subsection, together with such recommendations for legislation as the President deems appropriate, (B) the efforts made by the United States during the five years immediately preceding the submission of such report to initiate and otherwise encourage arms sales limitations, and (C) the efforts being made by the United States at the time of the submission of such report to initiate and otherwise encourage arms sales limitations in accordance with the policies stated in the amendment made by subsection (a) of this section.

TRANSFER OF DEFENSE SERVICES

Sec. 203. 22 USC 2753 and note. (a) Section 3 (a) (2) of the Foreign Military Sales Act is amended, effective July 1, 1976, by inserting immediately after "article" each time it appears "or related training or other defense service".

(b) 22 USC 2314 and note. Section 505 (a) of the Foreign Assistance Act of 1961 is amended, effective July 1, 1976, by inserting immediately after "articles" each time it appears "or related training or other defense service.".

APPROVAL FOR TRANSFER OF DEFENSE ARTICLES

Sec. 204. 22 USC 2753. (a) Section 3 of the Foreign Military Sales Act is amended by adding at the end thereof the following new subsections:

"(e) 22 USC 2314. The President may not give his consent under paragraph (2) of subsection (a) or under the third sentence of such subsection to a transfer of a defense article, or related training or other defense service, sold under this Act and may not give his consent to such a transfer under section 505 (a) (1) or 505 (a) (4) of the Foreign Assistance Act of 1961 unless, 30 days prior to giving such consent, the President submits to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a written certification with respect to such proposed transfer containing--,

"(1) the name of the country or international organization proposing to make such transfer,

"(2) a description of the defense article or related training or other defense service proposed to be transferred, including the original acquisition cost of such defense article or related training or other defense service,

"(3) the name of the proposed recipient of such defense article or related training or other defense service,

"(4) the reasons for such proposed transfer, and

"(5) the date on which such transfer is proposed to be made.

Any certification submitted to Congress pursuant to this subsection shall be unclassified, except that information regarding the dollar value and number of defense articles, or related training or other defense services, proposed to be transferred may be classified if public disclosure thereof would be clearly detrimental to the security of the United States.

"(f) If the President receives any information that a transfer of any defense article, or related training or other defense service, has been made without his consent as required under this section or under section 505 of the Foreign Assistance Act of 1961, 22 USC 2314. he shall report such information immediately to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.".

(b)(1) The second sentence of subsection (a) of section 3 of the Foreign Military Sales Act 22 USC 2753. is amended by striking out", and prior" and all that follows thereafter through "transferred" the second time it appears.

(2) The first sentence of section 505 (e) of the Foreign Assistance Act of 1961 22 USC 2314. is amended by striking out", and prior" and all that follows thereafter through "transferred" the second time it appears.

SALES FROM STOCKS

Sec. 205. 22 USC 2761. Section 21 of the Foreign Military Sales Act is amended to read as follows:

" Sec. 21. Sales From Stocks.--(a) The President may sell defense articles and defense services from the stocks of the Department of Defense to any eligible country or international organization if such country or international organization agrees to pay in United States dollars--,

"(1) in the case of a defense article not intended to be replaced at the time such agreement is entered into, not less than the actual value thereof;

"(2) in the case of a defense article intended to be replaced at the time such agreement is entered into, the estimated cost of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or

"(3) in the case of the sale of a defense service, the full cost to the United States Government of furnishing such service.

"(b) Except as provided by subsection (d) of this section, payment shall be made in advance or, if the President determines it to be in the national interest, upon delivery of the defense article or rendering of the defense service.

"(c) Personnel performing defense services sold under this Act may not perform any duties of a combatant nature, including any duties related to training, advising, or otherwise providing assistance regarding combat activities, outside the United States in connection with the performance of those defense services.

"(d) If the President determines it to be in the national interest pursuant to subsection (b) of this section, billings for sales made under letters of offer issued under this section after the enactment of this subsection may be dated and issued upon delivery of the defense article or rendering of the defense service and shall be due and payable upon receipt thereof by the purchasing country or international organization. Interest shall be charged on any net amount due and payable which is not paid within sixty days after the date of such billing. The rate of interest charged shall be a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding short-term obligations of the United States as of the last day of the month preceding the billing and shall be computed from the date of billing. The President may extend such sixty-day period to one hundred and twenty days if he determines that emergency requirements of the purchaser for acquisition of such defense articles or defense services exceed the ready availability to the purchaser of funds sufficient to pay the United States in full for them within such sixty-day period and submits that determination to the Congress together with a special emergency request for the authorization and appropriation of additional funds to finance such purchases under this Act.

"(e)(1) After September 30, 1976, letters of offer for the sale of defense articles or for the sale of defense services that are issued pursuant to this section or pursuant to section 22 of this Act 22 USC 2762. shall include appropriate charges for--,

"(A) administrative services, calculated on an average percentage basis to recover the full estimated costs of administration of sales made under this Act to all purchasers of such articles and services;

"(B) any use of plant and production equipment in connection with such defense articles; and

"(C) a proportionate amount of any nonrecurring costs of research, development, and production of major defense equipment.

"(2) The President may reduce or waive the charge or charges which would otherwise be considered appropriate under paragraphs (1)(B) and (1)(C) for particular sales that would, if made, significantly advance United States Government interests in North Atlantic Treaty Organization standardization, or foreign procurement in the United States under coproduction arrangements.

"(f) Any contracts entered into between the United States and a foreign country under the authority of this section or section 22 of this Act shall be prepared in a manner which will permit them to be made available for public inspection to the fullest extent possible consistent with the national security of the United States.

"(g) In carrying out section 814 of the Act of October 7, 1975 (Public Law 94 - 106), 89 Stat. 540. the President may enter into North Atlantic Treaty Organization standardization agreements for the cooperative furnishing of training on a bilateral or multilateral basis, if the financial principles of such agreements are based on reciprocity. Such agreements shall include reimbursement for all direct costs but may exclude reimbursement for indirect costs, administrative surcharges, and costs of billeting of trainees (except to the extent that members of the United States Armed Forces occupying comparable accommodations are charged for such accommodations by the United States). Each such agreement shall be transmitted promptly to the Speaker of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate.".

SALES FROM STOCKS AFFECTING UNITED STATES COMBAT READINESS

Sec. 206. Section 21 of the Foreign Military Sales Act, as amended by section 205 of this Act, is further amended by adding at the end thereof the following new subsection:

"(h)(1) Sales of defense articles and defense services which could have significant adverse effect on the combat readiness of the Armed Forces of the United States shall be kept ot an absolute minimum. The President shall transmit to the Speaker of the House of Representatives and the Committees on Armed Services and Foreign Relations of the Senate on the same day a written statement giving a complete explanation with respect to any proposal to sell, under this section, any defense articles or defense services if such sale could have a significant adverse effect on the combat readiness of the Armed Forces of the United States. Each such statement shall be unclassified except to the extent that public disclosure of any item of information contained therein would be clearly detrimental to the security of the United States. Any necessarily classified information shall be confined to a supplemental report. Each such statement shall include an explanation relating to only one such proposal to sell and shall set forth--,

"(A) the country or international organization to which the sale is proposed to be made;

"(B) the amount of the proposed sale;d sale;

"(C) a description of the defense article or service proposed to be sold;

"(D) a full description of the impact which the proposed sale will have on the Armed Forces of the United States; and

"(E) a justification for such proposed sale, including a certification that such sale is important to the security of the United States.

A certification described in subparagraph (E) shall take effect on the date on which such certification is transmitted and shall remain in effect for not to exceed one year.

"(2) No delivery may be made under any sale which is required to be reported under paragraph (1) of this subsection unless the certification required to be transmitted by paragraph (E) of paragraph (1) is in effect.".

PROCUREMENT FOR CASH SALES

Sec. 207. (a) Section 22(a) of the Foreign Military Sales Act is amended by adding at the end thereof the following: " Interest shall be charged on any net amount by which any such country or international organization is in arrears under all of its outstanding unliquidated dependable undertakings, considered collectively. The rate of interest charged shall be a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding short-term obligations of the United States as of the last day of the month preceding the net arrearage and shall be computed from the date of net arrearage.".

(b) Section 22(b) of the Foreign Military Sales Act is amended by striking out the first sentence and inserting in lieu thereof the following: " The President may, if he determines it to be in the national interest, issue letters of offer under this section which provide for billing upon delivery of the defense article or rendering of the defense service and for payment within one hundred and twenty days after the date of billing. This authority may be exercised, however, only if the President also determines that the emergency requirements of the purchaser for acquisition of such defense articles and services exceed the ready availability to the purchaser of funds sufficient to make payments on a dependable undertaking basis and submits both determinations to the Congress together with a special emergency request for authorization and appropriation of additional funds to finance such purchases under this Act.".

EXTENSION OF PAYMENT PERIOD FOR CREDIT SALES

Sec. 208. (a) Paragraph (1) of section 23 of the Foreign Military Sales Act 22 USC 2763. is amended by striking out "ten years" and inserting in lieu thereof "twelve years".

(b) The amendment made by subsection (a) shall apply with respect to financing under agreements entered into on or after the date of enactment of this Act for the procurement of defense articles to be delivered, or defense services to be rendered, after such date.

ANNUAL ESTIMATE AND JUSTIFICATION FOR SALES PROGRAM

Sec. 209. (a) Immediately after section 24 of the Foreign Military Sales Act, add the following new section:

" Sec. 25 22 USC 2765. Annual Estimate and Justification for Sales Program.--, (a) The President shall transmit to the Congress, as a part of the presentation materials for security assistance programs proposed for each fiscal year, a report which sets forth--,

"(1) an estimate of the amount of sales expected to be made to each country under sections 21 and 22 of this Act,

22 USC 2761, 2762.

including a detailed explanation of the foreign policy and United States national security considerations involved in expected sales to each country;

"(2) an estimate of the amount of credits and guaranties expected to be extended to each country under sections 23 and 24 of this Act;

22 USC 2763, 2764.

"(3) a list of all findings which are in effect on the date of such transmission made by the President pursuant to section 3(a)( 1) of this Act, together with a full and complete justification for each such finding, explaining how sales to each country with respect to which such finding has been made will strengthen the security of the United States and promote world peace; and

"(4) an arms control impact statement for each purchasing country, including (A) an analysis of the relationship between expected sales to each country and arms control efforts relating to that country, and (B) the impact of such expected sales on the stability of the region that includes the purchasing country.

"(b) Not later than thirty days following the receipt of a request made by the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives for additional information with respect to any estimate submitted pursuant to subsection (a), the President shall submit such information to such committee.

"(c) The President shall make every effort to submit all of the information required by this section wholly in unclassified form. In the event the President submits any such information in classified form, he shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary, in unclassified form, of such classified information.".

(b) Section 634(b) of the Foreign Assistance Act of 1961 22 USC 2394. is amended by striking out "and military sales under this or any other Act" in the fourth sentence.

MILITARY SALES AUTHORIZATION

Sec. 210. (a) Section 31(a) of the Foreign Military Sales Act 22 USC 2771. is amended by striking out "not to exceed $405,000,000 for the fiscal year 1975" and inserting in lieu thereof "not to exceed $1,039,000,000 for the fiscal year 1976 and not to exceed $740,000,000 for the fiscal year 1977".

(b) Section 31(b) of such Act 22 USC 2771. is amended to read as follows:

"(b) The aggregate total of credits, or participations in credits, extended pursuant to this Act and of the principal amount of loans guaranteed pursuant to section 24(a) 22 USC 2764. shall not exceed $2,374,700,000 for the fiscal year 1976, of which not less than $1,500,000,000 shall be available only for Israel, and shall not exceed $2,022,100,000 for the fiscal year 1977, of which not less than $1,000,000,000 shall be available only for Israel.".

(c)(1) Section 31 of such Act 22 USC 2771. is further amended by adding at the end thereof the following new subsections:

"(c) Funds made available for the fiscal years 1976 and 1977 under subsection (a) of this section shall be obligated to finance the procurement of defense articles and defense services by Israel on a long-term repayment basis either by the extension of credits, without regard to the limitations contained in section 23, 22 USC 2763. or by the issuance of guaranties under section 24. Repayment shall be in not less than twenty years, following a grace period of ten years on repayment of principal. Israel shall be released from one-half of its contractual liability to repay the United States Government with respect to defense articles and defense services so financed for each such year.

"(d) The aggregate acquisition cost to the United States of excess defense articles ordered by the President in any fiscal year after fiscal year 1976 for delivery to foreign countries or international organizations under the authority of chapter 2 of part 11 of the Foreign Assistance Act of 1961 22 USC 2311 or pursuant to sales under this Act may not exceed $100,000,000 (exclusive of ships and their on-board stores and supplies transferred in accordance with law).".

(2) Subsections (a), (b), (c), and (e) of section 8 of the Act entitled " An Act to amend the Foreign Military Sales Act and for other purposes", 22 USC 2321 and notes. approved January 12, 1971 (Public Law 91 - 672; 84 Stat. 2053), are repealed effective July 1, 1976. All funds in the suspense account referred to in subsection (a) of such section on July 1, 1976, shall be transferred to the general fund of the Treasury.

REPORTS ON COMMERCIAL AND GOVERNMENTAL MILITARY EXPORTS; CONGRESSIONAL ACTION

Sec. 211. 22 USC 2776. (a) Section 36 of the Foreign Military Sales Act is amended to read as follows:

" Sec. 36. Reports on Commercial and Governmental Military Exports; Congressional Action.--(a) The President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate not more than thirty days after the end of each quarter an unclassified report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be contained in a classified addendum to such report, and any letter of offer referred to in paragraph (1) of this subsection may be listed in such addendum unless such letter of offer has been the subject of an unclassified certification pursuant to subsection (b)(1) of this section) containing--,

"(1) a listing of all letters of offer to sell any major defense equipment for $1,000,000 or more under this Act to each foreign country and international organization, by category, if such letters of offer have not been accepted or canceled;

"(2) a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted, together with the total value of all defense articles and defense services sold to each foreign country and international organization during such fiscal year;

"(3) the cumulative dollar amounts, by foreign country and international organization, of sales credit agreements under section 23 and guaranty agreements under section 24

22 USC 2763, 2764.

made during the fiscal year in which such report is submitted;

"(4) a numbered listing of all licenses and approvals for the export to each foreign country and international organization during such fiscal year of commercially sold major defense equipment, by category, sold for $1,000,000 or more, together with the total value of all defense articles and defense services so licensed for each foreign country and international organization, setting forth with respect to the listed major defense equipment--,

"(A) the items to be exported under the license,

"(B) the quantity and contract price of each such item

to

be furnished, and "(C) the name and address of the ultimate user of each such item;

"(5) projections of the dollar amounts, by foreign country and international organization, of cash sales expected to be made under sections 21 and 22, credits to be extended under section

23,

and guaranty agreements to be made under section 24

22 USC 2761, 2762.

in the quarter of the fiscal year immediately following the quarter for which such report is submitted;

"(6) a projection with respect to all cash sales expected to be made and credits expected to be extended to each country and organization for the remainder of the fiscal year in which such report is transmitted;

"(7) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel present in each such country at the end of that quarter for assignments in implementation of sales and commercial exports under this Act; and

"(8) an analysis and description of the services being performed by officers and employees of the United States Government under section 21(a) of this Act, including the number of personnel so employed.

For each letter of offer to sell under paragraphs (1) and (2), the report shall specify (i) the foreign country or international organization to which the defense article or service is offered or was sold, as the case may be; (ii) the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; (iii) a description of the defense article or service offered or sold, as the case may be; and (iv) the United States Armed Force or other agency of the United States which is making the offer to sell or the sale, as the case may be.

"(b)(1) In the case of any letter of offer to sell any defense articles or services under this Act for $25,000,000 or more, or any major defense equipment for $7,000,000 or more, before such letter of offer is issued, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a numbered certification with respect to such offer to sell containing the information specified in clauses (i) through (iv) of subsection (a). In addition, the President shall, upon the request of such committee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, tothe extent specified in such request--,

"(A) a detailed description of the defense articles or services to be offered, including a brief description of the capabilities of any defense article to be offered;

"(B) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel expected to be needed in such country to carry out the proposed sale;

"(C) the name of each contractor expected to provide the defense article or defense service proposed to be sold (if known on the date of transmittal of such statement);

"(D) an analysis of the arms control impact pertinent to such offer to sell, prepared in consultation with the Secretary of Defense;

"(E) the reasons why the foreign country or international organization to which the sale is proposed to be made needs the defense articles or services which are the subject of such sale and a description of how such country or organization intends to use such defense articles or services;

"(F) an analysis by the President of the impact of the proposed sale on the military stocks and the military preparedness of the United States;

"(G) the reasons why the proposed sale is in the national interest of the United States;

"(H) an analysis by the President of the impact of the proposed sale on the military capabilities of the foreign country or international organization to which such sale would be made;

"(I) an analysis by the President of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles or services which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles or services;

"(J) an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and available to utilize effectively the defense articles or services proposed to be sold;

"(K) an analysis of the extent to which comparable kinds and amounts of defense articles or services are available from other countries;

"(L) an analysis of the impact of the proposed sale on United States relations with the countries in the region to which the defense articles or services which are the subject of such sale would be delivered; and

"(M) a detailed description of any agreement proposed to be entered into by the United States for the purchase or acquisition by the United States of defense articles, services, or equipment, or other articles, services, or equipment of the foreign country or international organization in connection with, or as consideration for, such letter of offer, including an analysis of the impact of such proposed agreement upon United States business concerns which might otherwise have provided such articles, services, or equipment to the United States, an estimate of the costs to be incurred by the United States in connection with such agreement compared with costs which would otherwise have been incurred, an estimate of the economic impact and unemployment which would result from entering into such proposed agreement, and an analysis of whether such costs and such domestic economic impact justify entering into such proposed agreement.

A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in clause (ii) and the details of the description specified in clause (iii) of subsection (a) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. The letter of offer shall not be issued if the Congress, within thirty calendar days after receiving such certification, adopts a concurrent resolution stating that it objects to the proposed sale, unless the President states in his certification that an emergency exists which requires such sale in the national security interests of the United States.

"(2) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

"(3) For the purpose of expediting the consideration and adoption of concurrent resolutions under this subsection, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.

"(c) In the case of an application by a person (other than with regard to a sale under section 21 or section 22 of this Act) 22 USC 2761, 2762. for a license for the export of any major defense equipment sold under a contract in the amount of $7,000,000 or more or of defense articles or defense services sold under a contract in the amount of $25,000,000 or more, not less than 30 days before issuing such license the President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate an unclassified numbered certification with respect to such application specifying (1) the foreign country or international organization to which such export will be made, (2) the dollar amount of the items to be exported, and (3) a description of the items to be exported. In addition, the President shall, upon the request of such committee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request, a description of the capabilities of the items to be exported, an estimate of the total number of United States personnel expected to be needed in the foreign country concerned in connection with the items to be exported and an analysis of the arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in paragraph (2) and the details of the description specified in paragraph (3) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States.

"(d) In the case of an approval under section 38 of this Act of a United States commercial technical assistance or manufacturing licensing agreement for or in a country not a member of the North Atlantic Treaty Organization which involves the manufacture abroad of any item of significant combat equipment on the United States Munitions List, before such approval is given, the President shall submit a certification with respect to such proposed commercial agreement in a manner similar to the certification required under subsection (c) containing comparable information, except that the last sentence of such subsection shall not apply to certifications submitted pursuant to this subsection.".

(b) 22 USC 2776 note. The amendment made by subsection (a) of this section shall apply with respect to letters of offer for which a certification is transmitted pursuant to section 36(b) of the Arms Export Control Act 22 USC 2776. on or after the date of enactment of this Act and to export licenses for which an application is filed under section 38 of such Act on or after such date.

CONTROL OF LICENSES WITH RESPECT TO ARMS EXPORTS AND IMPORTS

Sec. 212. (a)(1) Chapter 3 of the Foreign Military Sales Act is amended by adding at the end thereof the following new section:

" Sec. 38. 22 USC 2778. Control of Arms Exports and Imports.--(a)( 1) In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List.

"(2) Decisions on issuing export licenses under this section shall be made in coordination with the Director of the United States Arms Control and Disarmament Agency and shall take into account the Director's opinion as to whether the export of an article will contribute to an arms race, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control arrangements.

"(b)(1) As prescribed in regulations issued under this section, every person (other than an officer or employee of the United States Government acting in an official capacity) who engages in the business of manufacturing, exporting, or importing any defense articles or defense services designated by the President under subsection (a) (1) shall register with the United States Government agency charged with the administration of this section, and shall pay a registration fee which shall be prescribed by such regulations. Such regulations shall prohibit the return to the United States for sale in the United States (other than for the Armed Forces of the United States and its allies or for any State or local law enforcement agency) of any military firearms or ammunition of United States manufacture furnished to foreign governments by the United States under this Act or any other foreign assistance or sales program of the United States, whether or not enhanced in value or improved in condition in a foreign country. This prohibition shall not extend to similar firearms that have been so substantially transformed as to become, in effect, articles of foreign manufacture.

"(2) Except as otherwise specifically provided in regulations issued under subsection (a)(1), no defense articles or defense services designated by the President under subsection (a)(1) may be exported or imported without a license for such export or import, issued in accordance with this Act and regulations issued under this Act, except that no license shall be required for exports or imports made by or for an agency of the United States Government (A) for official use by a department or agency of the United States Government, or (B) for carrying out any foreign assistance or sales program authorized by law and subject to the control of the President by other means.

"(3) No license may be issued under this Act for the export of any major defense equipment sold under a contract in the amount of $25,000,000 or more to any foreign country which is not a member of the North Atlantic Treaty Organization unless such major defense equipment was sold under this Act.

"(c) Any person who willfully violates any provision of this section or section 39, or any rule or regulation issued under either section, or who willfully, in a registration or license application or required report, makes any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading, shall upon conviction be fined not more than $100,000 or imprisoned not more than two years, or both.

"(d) This section applies to and within the Canal Zone.

"(e) In carrying out functions under this section with respect to the export of defense articles and defense services, the President is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments, agencies and officials by sections 6 (c), (d), (e), and (f) and ( (a) and (c) of the Export Administration Act of 1969 50 USC app. 2405, 2406. subject to the same terms and conditions as are applicable to such powers under such Act. Nothing in this subsection shall be construed as authorizing the withholding of information from the Congress.".

(2) Section 2(b) of the Foreign Military Sales Act 22 USC 2752. is amended--,

(A) by inserting "and exports" immediately after "sales" both times it appears; and

(B) by inserting "and whether there shall be delivery or other performance under such sale or export," immediately after "thereof,".

(b)(1) 22 USC 1934 and note, 2778 note. Section 414 of the Mutual Security Act of 1954 is repealed. Any reference to such section shall be deemed to be a reference to section 38 of the Arms Export Control Act and any reference to licenses issued under section 38 of the Arms Export Control Act shall be deemed to include a reference to licenses issued under section 414 of the Mutual Security Act of 1954.

(2) 22 USC 1934 note. All determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under section 414 of the Mutual Security Act of 1954 shall continue in full force and effect until modified, revoked, or superseded by appropriate authority.

CANCELLATION AND SUSPENSION OF LICENSES AND CONTRACTS

Sec. 213. Section 42 of the Foreign Military Sales Act 22 USC 2791. is amended by adding at the end thereof the following new subsection:

"(e)(1) Each contract for sale entered into under sections 21 and 22 of this Act 22 USC 2761, 2762. shall provide that such contract may be canceled in whole or in part, or its execution suspended, by the United States at any time under unusual or compelling circumstances if the national interest so requires.

"(2)(A) Each export license issued under section 38 of this Act shall provide that such license may be revoked, suspended, or amended by the Secretary of State, without prior notice, whenever the Secretary deems such action to be advisable.

"(B) Nothing in this paragraph may be construed as limiting the regulatory authority of the President under this Act.

"(3) There are authorized to be appropriated from time to time such sums as may be necessary (A) to refund moneys received from purchasers under contracts of sale entered into under sections 21 and 22 of this Act 22 USC 2761, 2762. that are canceled or suspended under this subsection to the extent such moneys have previously been disbursed to private contractors and United States Government agencies for work in progress, and (B) to pay such damages and costs that accrue from the corresponding cancellation or suspension of the existing procurement contracts or United States Government agency work orders involved.".

ADMINISTRATIVE EXPENSES

Sec. 214. 22 USC 2792. Section 43 of the Foreign Military Sales Act is amended by designating the present section as subsection (a) and by adding at the end thereof the following new subsection:

"(b) Administrative expenses incurred by any department or agency of the United States Government (including any mission or group) in carrying out functions under this Act which are primarily for the benefit of any foreign country shall be fully reimbursed from amounts received for sales under sections 21 and 22.".

DEFINITIONS

Sec. 215. 22 USC 2794. Section 47 of the Foreign Military Sales Act is amended--,

(1) by striking out "and" at the end of paragraph (1);

(2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a semicolon; and

(3) by adding immediately after paragraph (2) the following new paragraphs:

"(3) 'defense article', except as provided in paragraph (7) of this section, includes--,

"(A) any weapon, weapons system, munition, aircraft, vessel, boat, or other implement of war,

"(B) any property, installation, commodity, material, equipment, supply, or goods used for the purposes of making military sales,

"(C) any machinery, facility, tool, material, supply, or other item necessary for the manufacture, production, processing, repair, servicing, storage, construction, transportation, operation, or use of any article listed in this paragraph, and

"(D) any component or part of any article listed in this paragraph,

but does not include merchant vessels or (as defined by the Atomic Energy Act of 1954) 42 USC 2014. source material, byproduct material, special nuclear material, production facilities, utilization facilities, or atomic weapons or articles involving Restricted Data;

"(4) 'defense service', except as provided in paragraph (7) of this section, includes any service, test, inspection, repair, training, publication, technical or other assistance, or defense information (as defined in section 644(e) of the Foreign Assistance Act of 1961), 22 USC 2403. used for the purposes of making military sales;

"(5) 'training' includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, or contractors (including instruction at civilian institutions), or by correspondence courses, or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice to foreign military units and forces;

"(6) 'major defense equipment' means any item of significant combat equipment on the United States Munitions List having a non-recurring research and development cost of more than $50,000,000 or a total production cost of more than $200,000,000; and

"(7) 'defense articles and defense services' means, with respect to commercial exports subject to the provisions of section 38 of this those items designated by the President pursuant to subsection (a)(1)) of such section.".

ANNUAL FOREIGN SALES REPORT

Sec. 216. Section 657 of the Foreign Assistance Act of 1961 22 USC 2417. is amended as follows:

(1) The section caption is amended by inserting "and Military Exports" after " Foreign Assistance".

(2) Paragraph (1) of subsection (a) is amended to read as follows:

(1) the aggregate dollar value of all foreign assistance including military education and training), foreign military sales, sales credits, and guaranties provided or made by the United States Government by any means to all foreign countries and international organizations, and the aggregate dollar value of such assistance, sales, sales credits, and guaranties, by category, provided or made by the United States Government to or for each such country or organization during that fiscal year;".

(3) Paragraph (3) of subsection (a) is amended to read as follows:

"(3) the aggregate dollar value and quantity of defense articles and defense services, and of military education and training, exported to each foreign country and international organization, by category, specifying whether the export was made by grant under chapter 2 or chapter 5 of part 11 of this Act, by sale under chapter 2 of the Arms Export Control Act, by commercial sale licensed under chapter 3 of that Act, or by other authority; and".

(4) Paragraph (4) of subsection (a) is repealed.

(5) Paragraph (5) of subsection (a) is amended--,

(A) by redesignating such paragraph as paragraph (4),

and (B) by striking out "(4)" and inserting in lieu thereof "(3)". REPORT ON SALES OF EXCESS DEFENSE ARTICLES

Sec. 217. 22 USC 2751 note. Not later than February 28, 1977, the President shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a full and complete report regarding all sales made under the Arms Export Control Act during the period July 1, 1976, through December 31, 1976, of excess defense articles to foreign governments and international organizations (other than any such article sold solely for scrap). Such report shall set forth--,

(1) the number of such sales;

(2) the total acquisition costs of the articles sold;

(3) the total gross price paid for such articles exclusive of administrative surcharges and costs of repairing, rehabilitation, or modifying such articles;

(4) the data set forth under paragraphs (1), (2), and (3) totaled separately for those sales made at less than 331/3 per centum of the acquisition costs thereof; and

(5) the estimated total proceeds of sales of articles included under paragraph (4) if such articles had been sold instead through United States Government surplus property disposal operations and the percentage thereof that would have been paid out of such proceeds to meet direct expenses incurred in connection with such dispositions pursuant to law.

STUDY OF THE EFFECTS OF ARMS EXPORT CONTROL PROVISIONS

Sec. 218. 22 USC 2751 note. (a) The Secretary of State, in consultation with the Secretary of Defense, shall conduct a comprehensive study of the effects of the enactment of the arms export control provisions contained in this title with a view to determining the consequences of such provisions on (1) the foreign policy of the United States, (2) the balance of payments of the United States, (3) the trade with foreign countries, (4) unemployment in the United States, and (5) weapons procurement by the Department of Defense.

(b) The Secretary of State shall submit the results of such study to the President and the Congress within one year after the date of enactment of this section, together with such comments and recommendations for legislation as he deems appropriate.

TITLE 111--GENERAL LIMITATIONS HUMAN RIGHTS

Sec. 301. (a) Section 502 B of the Foreign Assistance Act of 1961 22 /usc 2304. is amended to read as follows:

" Sec. 502 B. Human Rights.--(a) (1) It is the policy of the United States, in accordance with its international obligations as set forth in the Charter of the United Nations and in keeping with the constitutional heritage and traditions of the United States, to promote and encourage increased respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. To this end, a principal goal of the foreign policy of the United States is to promote the increased observance of internationally recognized human rights by all countries.

"(2) It is further the policy of the United States that, except under circumstances specified in this section, no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights.

"(3) In furtherance of the foregoing policy the President is directed to formulate and conduct international security assistance programs of the United States in a manner which will promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States as expressed in this section or otherwise.

"(b) The Secretary of State shall transmit to the Congress, as part of the presentation materials for security assistance programs proposed for each fiscal year, a full and complete report, prepared with the assistance of the Coordinator for Human Rights and Humanitarian Affairs, with respect to practices regarding the observance of and respect for internationally recognized human rights in each country proposed as a recipient of security assistance. In determining whether a government falls within the provisions of subsection (a)(3) and in the preparation of any report or statement required under this section, consideration shall be given to--,

"(1) the relevant findings of appropriate international organizations, including nongovernmental organizations, such as the International Committee of the Red Cross; and

"(2) the extent of cooperation by such government in permitting an unimpeded investigation by any such organization of alleged violations of internationally recognized human rights.

"(c)(1) Upon the request of the Senate or the House of Representatives by resolution of either such House, or upon the request of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, the Secretary of State shall, within thirty days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Coordinator for Human Rights and Humanitarian Affairs, with respect to the country designated in such request, setting forth--,

"(A) all the available information about observance of and respect for human rights and fundamental freedom in that country, and a detailed description of practices by the recipient government with respect thereto;

"(B) the steps the United States has taken to--,

"(i) promote respect for and observance of human rights

in that country and discourage any practices which are inimical to internationally recognized human rights, and "(ii) publicly or privately call attention to, and disassociate the United States and any security assistance provided for such country from, such practices;

"(C) whether, in the opinion of the Secretary of State, notwithstanding any such practices--,

"(i) extraordinary circumstances exist which

necessitate

a continuation of security assistance for such country, and, if so, a description of such circumstances and the extent to which such assistance should be continued (subject to such conditions as Congress may impose under this section), and "(ii) on all the facts it is in the national interest of the United States to provide such assistance; and

"(D) such other information as such committee or such House may request.

"(2)(A) A resolution of request under paragraph (1) of this subsection shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

"(B) The term 'certification', as used in section 601 of such Act, means, for the purposes of this subsection, a resolution of request of the Senate under paragraph (1) of this subsection.

"(3) In the event a statement with respect to a country is requested pursuant to paragraph (1) of this subsection but is not transmitted in accordance therewith within thirty days after receipt of such request, no security assistance shall be delivered to such country except as may thereafter be specifically authorized by law from such country unless and until such statement is transmitted.

"(4)(A) In the event a statement with respect to a country is transmitted under paragraph (1) of this subsection, the Congress may at any time thereafter adopt a joint resolution terminating, restricting, or continuing security assistance for such country. In the event such a joint resolution is adopted, such assistance shall be so terminated, so restricted, or so continued, as the case may be.

"(B) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

"(C) The term 'certification', as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under paragraph (1) of this subsection.

"(d) For the purposes of this section--,

"(1) the term 'gross violations of internationally recognized human rights' includes torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges and trail, and other flagrant denial of the right to life, liberty, or the security of person; and

"(2) the term 'security assistance' means--,

"(A) assistance under chapter 2 (military assistance)

or

chapter 4 (security supporting assistance) or chapter 5 (military education and training) of this part or part VI (assistance to the Middle East) of this Act; "(B) sales of defense

articles or services, extensions of

credits (including participations in credits, and guaranties of loans under the Arms Export Control Act; or

"(C) any license in effect with respect to the export

of

defense articles or defense services to or for the armed forces, police, intelligence, or other internal security forces of a foreign country under section 38 of the Arms Export Control Act.".

(b) Section 624 of the Foreign Assistance Act of 1961 22 USC 2384. is amended by adding at the end thereof the following new subsection:

"(f) (1) There is established in the Department of State a Coordinator for Human Rights and Humanitarian Affairs. The Coordinator shall be appointed by the President with the advice and consent of the Senate. He shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secretary of State shall carry out his responsibility under section 502 B of this Act through the Coordinator for Human Rights and Humanitarian Affairs.

"(2) The Coordinator for Human Rights and Humanitarian Affairs shall maintain continuous observation and review of all matters pertaining to human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy including--,

"(A) gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements of sections 116 and 502 B of this Act,

22 USC 2151n.

are relevant;

"(B) preparing the statements and reports to Congress required under section 502 B of this Act;

"(C) making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with sections 116 and 502 B of this Act; and

"(D) performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.".

PROHIBITION AGAINST DISCRIMINATION

Sec. 302. (a) Section 505 of the Foreign Assistance Act of 1961 22 USC 2314. is amended by adding at the end thereof the following new subsection:

"(g)(1) It is the policy of the United States that no assistance under this chapter should be furnished to any foreign country, the laws, regulations, official policies, or governmental practices of which prevent any United States person (as defined in section 7701(a)( 30) of the Internal Revenue Code of 1954) 26 USC 7701. from participating in the furnishing of defense articles of defense services under this chapter on the basis of race, religion, national origin, or sex.

"(2)(A) No agency performing functions under this chapter shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.

"(B) Each contract entered into by any such agency for the performance of any function under this chapter shall contain a provision to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.

"(3) The President shall promptly transmit reports to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate concerning any transaction in which any United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1954) is prevented by a foreign government on the basis of race, religion, national origin, or sex, from participating in the furnishing of assistance under this chapter, or education and training under chapter 5, to any foreign country. Such reports shall include (A) a description of the facts and circumstances of any such discrimination, (B) the response thereto on the part of the United States or any agency or employee thereof, and (C) the result of such response, if any.

"(4)(A) Upon the request of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, the President shall, within 60 days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Coordinator for Human Rights and Humanitarian Affairs, with respect to the country designated in such request, setting forth--,

"(i) all the available information about the exclusionary policies or practices of the government of such country when such policies or practices are based upon race, religion, national origin, or sex and prevent any such person from participating in a transaction involving the furnishing of any assistance under this chapter or any education and training under chapter 5;

"(ii) the response of the United States thereto and the results of such response;

"(iii) whether, in the opinion of the President, notwithstanding any such policies or practices--,

"(I) extraordinary circumstances exist which

necessitate a

continuation of such assistance or education and training transaction, and, if so, a description of such circumstances and the extent to which such assistance or education and training transaction should be continued (subject to such conditions as Congress may impose under this section), and "(11) on all the facts it is in the national interest of the United States to continue such assistance or education and training transaction; and

"(iv) such other information as such committee may request.

"(B) In the event a statement with respect to an assistance or training transaction is requested pursuant to subparagraph (A) of this paragraph but is not transmitted in accordance therewith within 60 days after receipt of such request, such assistance or training transaction shall be suspended unless and until such statement is transmitted.

"(C)(i) In the event a statement with respect to an assistance or training transaction is transmitted under subparagraph (A) of this paragraph, the Congress may at any time thereafter adopt a joint resolution terminating or restricting such assistance or training transaction.

"(ii) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

"(iii) The term 'certification', as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under subparagraph (A) of this paragraph.".

(b) Chapter 1 of the Foreign Military Sales Act 22 USC 2755. is amended by adding at the end thereof the following new section:

" Sec. 5. Prohibition Against Discrimination.--(a) It is the policy of the United States that no sales should be made, and no credits (including participations in credits) or guaranties extended to or for any foreign country, the laws, regulations, official policies, or governmental practices of which prevent any United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1954) 26 USC 7701. from participating in the furnishing of defense articles or defense services under this Act on the basis of race, religion, national origin, or sex.

"(b)(1) No agency performing functions under this Act shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.

"(2) Each contract entered into by any such agency for the performance of any function under this Act shall contain a provision to the effect that no person, partnership, corporation, or other entity performing functions pursuant to such contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race, religion, national origin, or sex.

"(c) The President shall promptly transmit reports to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate concerning any instance in which any United States person (as defined in section 7701(a)(30) of the Internal Revenue Code of 1954) is prevented by a foreign government on the basis of race, religion, national origin, or sex, from participating in the performance of any sale or licensed transaction under this Act. Such reports shall include (1) a description of the facts and circumstances of any such discrimination, (2) the response thereto on the part of the United States or any agency or employee thereof, and (3) the result of such response, if any.

"(d)(1) Upon the request of the Committee on Foreign Relations of the Senate or the Committee on International Relations of the House of Representatives, the President shall, within 60 days after receipt of such request, transmit to both such committees a statement, prepared with the assistance of the Coordinator for Human Rights and Humanitarian Affairs, with respect to the country designated in such request, setting forth--,

"(A) all the available information about the exclusionary policies or practices of the government of such country when such policies or practices are based upon race, religion, national

origin

or sex and prevent any such person from participating in the performance of any sale or licensed transaction under this Act;

"(B) the response of the United States thereto and the

results

of such response;

"(C) whether, in the opinion of the President, notwithstanding any such policies or practices--,

"(i) extraordinary circumstances exist which

necessitate a

continuation of such sale or licensed transaction, and, if so, a description of such circumstances and the extent to which such sale or licensed transaction should be continued (subject to such conditions as Congress may impose under this

section,

and "(ii) on all the facts it is in the national interest of the United States to continue such sale or licensed transaction; and

"(D) such other information as such committee may request.

"(2) In the event a statement with respect to a sale or licensed transaction is requested pursuant to paragraph (1) of this subsection but is not transmitted in accordance therewith within 60 days after receipt of such request, such sale or licensed transaction shall be suspended unless and until such statement is transmitted.

"(3)(A) In the event a statement with respect to a sale or licensed transaction is transmitted under paragraph (1) of this subsection, the Congress may at any time thereafter adopt a joint resolution terminating or restricting such sale or licensed transaction.

"(B) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.

"(C) The term 'certification', as used in section 601 of such Act, means, for the purposes of this paragraph, a statement transmitted under paragraph (1) of this subsection.".

PROHIBITION OF ASSISTANCE TO COUNTRIES GRANTING SANCTUARY TO INTERNATIONAL TERRORISTS

Sec. 303. Chapter 1 of part 111 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:

" Sec. 620 A. 22 USC 2371. Prohibition Against Furnishing Assistance to Countries Which Grant Sanctuary to International Terrorists.--,

(a) Except where the President finds national security to require otherwise, the President shall terminate all assistance under this Act to any government which aids or abets, by granting sanctuary from prosecution to, any individual or group which has committed an act of international terrorism and the President may not thereafter furnish assistance to such government until the end of the one year period beginning on the date of such termination, except that if during its period of ineligibility for assistance under this section such government aids or abets, by granting sanctuary from prosecution to, any other individual or group which has committed an act of international terrorism, such government's period of ineligibility shall be extended for an additional year for each such individual or group.

"(b) If the President finds that national security justifies a continuation of assistance to any government described in subsection (a), he shall report such finding to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate.".

INELIGIBILITY

Sec. 304. (a) Section 505(d) of the Foreign Assistance Act of 1961 22 USC 2314. is amended to read as follows:

"(d)(1) Assistance and deliveries of assistance under this chapter to any country shall be terminated as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, the Mutual Security Act of 1954, 68 Stat. 832. 22 USC 1751 note. or any predecessor Foreign Assistance Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (A) by using such articles or services for a purposes not authorized under section 502 22 USC 2302. or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 502, for a purpose not authorized under such agreement; (B) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee or agent of the recipient country without the consent of the President; or (C) by failing to maintain the security of such articles or services.

"(2)(A) Assistance and deliveries of assistance shall be terminated pursuant to paragraph (1) of this subsection if the President so determines and so states in writing to the Congress, or if the Congress so finds by joint resolution.

"(B) The President shall report to the Congress promptly upon the receipt of information that a violation described in paragraph (1) of this subsection may have occurred.

"(3) Assistance to a country shall remain terminated in accordance with paragraph (1) of this subsection until such time as --,

"(A) the President determines that the violation has ceased; and

"(B) the country concerned has given assurances satisfactory to the President that such violation will not recur.

"(4) The authority contained in section 614(a) of this Act may not be used to waive the provisions of this section with respect to further assistance under this chapter.".

(b)(1) Section 3(c) of the Foreign Military Sales Act 22 USC 2753. is amended to read as follows:

"(c)(1)(A) No credits (including participations in credits) may be issued and no guaranties may be extended for any foreign country under this Act as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, or any predecessor Act, in substantial violation (either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act (i) by using such articles or services for a purpose not authorized under section 4 22 USC 2754. or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 4 for a purpose not authorized under such agreement; (ii) by transferring such articles or services to, or permitting any use of such articles or services by, anyone not an officer, employee, or agent of the recipient country without the consent of the President; or (iii) by failing to maintain the security of such articles or services.

"(B) No cash sales or deliveries pursuant to previous sales may be made with respect to any foreign country under this Act as hereinafter provided, if such country uses defense articles or defense services furnished under this Act, or any predecessor Act, in substantial violation (either in terms of quantity or in terms of the gravity of the consequences regardless of the quantities involved) of any agreement entered into pursuant to any such Act by using such articles or services for a purpose not authorized under section 4 or, if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section 4, for a purpose not authorized under such agreement.

"(2) The President shall report to the Congress promptly upon the receipt of information that a violation described in paragraph (1) of this subsection may have occurred.

"(3)(A) A country shall be deemed to be ineligible under subparagraph (A) of paragraph (1) of this subsection, or both subparagraphs (A) and (B) of such paragraph in the case of a violation described in both such paragraphs, if the President so determines and so reports in writing to the Congress, or if the Congress so determines by joint resolution.

"(B) Notwithstanding a determination by the President of ineligibility under subparagraph (B) of paragraph (1) of this subsection, cash sales and deliveries pursuant to previous sales may be made if the President certifies in writing to the Congress that a termination thereof would have significant adverse impact on United States security, unless the Congress adopts or has adopted a joint resolution pursuant to subparagraph (A) of this paragraph with respect to such ineligibility.

"(4) A country shall remain ineligible in accordance with paragraph (1) of this subsection until such time as--,

"(A) the President determines that the violation has ceased; and

"(B) the country concerned has given assurances satisfactory to the President that such violation will not recur.".

(2) Section 3(d) of the Foreign Military Sales Act is repealed and subsections (e) and (f) of such section, as added by section 204 of this Act, are redesignated as subsections (d) and (e), respectively.

NUCLEAR TRANSFERS

Sec. 305. Chapter 3 of part 111 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:

" Sec. 669. 22 USC 2429. Nuclear Transfers.--(a) Except as provided in subsection (b), no funds authorized to be appropriated by this Act or the Arms Export Control Act may be used for the purpose of--,

"(1) providing economic assistance;

"(2) providing military or security supporting assistance or grant military education and training; or

"(3) extending military credits or making guarantees;

to any country which--, "(A) delivers nuclear reprocessing or enrichment equipment, materials, or technology to any other country; or

"(B) receives such equipment, materials or technology

from

any other country; unless before such delivery--, "(i) the supplying country and receiving country have reached agreement to place all such equipment, materials, and technology, upon delivery, under multilateral auspices and management when available; and

"(ii) the recipient country has entered into an

agreement

with the International Atomic Energy Agency to place all such equipment, materials, technology, and all nuclear fuel and facilities in such country under the safeguards system of such Agency.

"(b)(1) Notwithstanding the provisions of subsection (a) of this section, the President may, by Executive order effective not less than 30 days following its date of promulgation, furnish assistance which would otherwise be prohibited under paragraph (1), (2), or (3) of such subsection if he determines and certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that--,

"(A) the termination of such assistance would have a serious adverse effect on vital United States interests; and

"(B) he has received reliable assurances that the country in question will not acquire or develop nuclear weapons or assist other nations in doing so.

Such certification shall set forth the reasons supporting such determination in each particular case.

"(2)(A) The Congress may by joint resolution terminate or restrict assistance described in paragraphs (1) through (3) of subsection (a) with respect to a country to which the prohibition in such subsection applies or take any other action with respect to such assistance for such country as it deems appropriate.

"(B) Any such joint resolution with respect to a country shall, if introduced within 30 days after the transmittal of a certification under paragraph (1) with respect to such country, be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976.".

TITLE IV-- PROVISIONS RELATING TO SPECIFIC REGIONS OR COUNTRIES MIDDLE EAST POLICY STATEMENT

Sec. 401. Section 901 of the Foreign Assistance Act of 1961 22 USC 2441. is amended by adding at the end thereof the following new paragraph:

" It is the sense of Congress that the United States will continue to determine Middle East Policy as circumstances may require and that the authority contained in the joint resolution entitled ' Joint resolution to implement the United States proposal for the earlywarning system in Sinai', approved October 13, 1975 (Public Law 94 - 110 ), 22 USC 2441 note. and the authorizations contained in the amendments made by the International Security Assistance and Arms Export Control Act of 1976 do not, and shall not in any way be construed to, constitute congressional approval, acceptance, or endorsement (1) of any oral or written commitment, understanding, assurance, promise, or agreement, whether expressed or implied, or any other expression, oral or written (other than the ' United States Proposal for the Early Warning System in Sinai'), made by any official of the United States which Israel, Egypt, or any other nation or organization might construe or interpret as a basis on which it could rely or act, or (2) of any characterization of any such commitment, understanding, assurance, promise, or agreement, or other expression, as constituting a 'codification' of existing, congressionally approved United States policy.".

AID FOR CYPRIOT REFUGEES

Sec. 402. Section 495 of the Foreign Assistance Act of 1961 22 USC 2291f. is amended by striking out "$30,000,000" and inserting in lieu thereof "$40,000,000".

ASSISTANCE TO TURKEY

Sec. j03. Section 620 (x)(1) of the Foreign Assistance Act of 1961, 22 USC 2370. as amended by section 2(c) of the Act of October 6, 1975 (Public Law 94--104), is amended by striking out " Provided," and all that follows through the end of paragraph (1) and inserting in lieu thereof the following: " Provided, That for the fiscal year 1976, the period beginning July 1, 1976, and ending September 30, 1976, and the fiscal year 1977, the President may suspend the provisions of this subsection and of section 3(c) of the Arms Export Control Act 22 USC 2753. with respect to cash sales and extensions of credits and guaranties under such Act for the procurement of such defense articles and defense services as the President determines are necessary to enable Turkey to fulfill her defense responsibilities as a member of the North Atlantic Treaty Organization, except that (A) during the fiscal year 1976 and the period beginning July 1, 1976, and ending September 30, 1976, the total value of defense articles and defense services sold to Turkey under such Act, either for cash or financed by credits and guaranties, shall not exceed $125,000,000, and (B) during the fiscal year 1977, the total value of defense articles and defense services sold to Turkey under such Act, either for cash or financed by credits and guaranties, shall not exceed $125,000,000. Any such suspension shall be effective only so long as Turkey observes the cease-fire on Cyprus, does not increase its military forces or its civilian population on Cyprus, and does not transfer to Cyprus any United States supplied arms, ammunition, or implements of war. The determination required by the proviso in the first sentence of this paragraph shall be made, on a case-by-case basis, with respect to each cash sale, each approval for use of credits, and each approval for use of a guaranty for Turkey. Each such determination shall be reported to the Congress and shall be accompanied by a full and complete statement of the reasons supporting the President's determination and a statement containing the information specified in clauses (A) through (D) of section 2(c) (4) of the Act of October 6, 1975 (Public Law 94 - 104). 89 Stat. 509. In any case involving the sale of significant combat equipment on the United States Munitions List in which the congressional review provisions of section 36(b) of the Arms Export Control Act do not apply, the President may not issue the letter of offer or approve the use of the credits or guaranty, as the case may be, until the end of the thirty-day period beginning on the date on which the report required by the preceding sentence is submitted to the Congress.".

LIMITATION ON CERTAIN ASSISTANCE TO AND ACTIVITIES IN ANGOLA

Sec. 404. 22 USC 2293 note. (a) Notwithstanding any other provision of law, no assistance of any kind may be provided for the purpose, or which would have the effect, of promoting or augmenting, directly or indirectly, the capacity of any nation, group, organization, movement, or individual to conduct military or paramilitary operations in Angola unless and until the Congress expressly authorizes such assistance by law enacted after the date of enactment of this section.

(b) If the President determines that assistance prohibited by subsection (a) should be furnished in the national security interests of the United States, he shall submit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing--,

(1) a description of the amounts and categories of assistance which he recommends to be authorized and the identity of the proposed recipients of such assistance; and

(2) a certification that he has determined that the furnishing of such assistance is important to the national security interests of the United States and a detailed statement, in unclassified form, of the reasons supporting such determination.

(c) The prohibition contained in subsection (a) does not apply with respect to assistance which is furnished solely for humanitarian purposes.

(d) The provisions of this section may not be waived under any other provision of law.

SOVIET INTERVENTION IN ANGOLA

Sec. 405. 22 USC 2293 note. The Congress views the large-scale and continuing Soviet intervention in Angola, including active sponsorship and support of Cuban armed forces in Angola, as being completely inconsistent with any reasonably defined policy of de'tente, as well as with Articles 1 and 2 of the United Nations Charter, the principle of noninterference in the affairs of other countries agreed to at Helsinki in 1975, and with the spirit of recent bilateral agreements between the United States and the Union of Soviet Socialist Republics. Such intervention should be taken explicitly into account in United States foreign policy planning and negotiations.

LIMITATIONS ON ECONOMIC ASSISTANCE, MILITARY ASSISTANCE, SALES, AND SALES CREDITS FOR CHILE

Sec. 406. 22 USC 2370 note. (a)(1) No military or security supporting assistance and no military education and training may be furnished under the Foreign Assistance Act of 1961 for Chile; 22 USC 2151 note. and no credits (including participations in credits) may be extended and no loan may be guaranteed under the Arms Export Control Act with respect to Chile. No deliveries of any such assistance, credits, or guaranties may be made to Chile on or after the date of enactment of this section.

(2) No sales (including cash sales) may be made and no export license may be issued under the Arms Export Control Act with respect to Chile on or after the date of enactment of this section.

(b)(1) Notwithstanding any other provision of law, the totall amount of economic assistance which may be made available for Chile during the period beginning July 1, 1976, and ending September 30, 1977, may not exceed $27,500,000. For purposes of this subsection, economic assistance includes any assistance of any kind which is provided, directly or indirectly, to or for the benefit of Chile by any department, agency, or other instrumentality of the United States Government (other than assistance provided under chapter 2,4, or 5 of part 11 of the Foreign Assistance Act of 1961 22 USC 2311, 2346. or credits or guaranties extended under the Arms Export Control Act), but does not include commodities furnished under title 11 of the Agricultural Trade Development and Assistance Act of 1954. This subsection shall not be construed to authorize the furnishing of any assistance which is prohibited under any other provision of law.

(2) The $27,500,000 limit set forth in paragraph (1) of this subsection may be increased by not to exceed $27,500,000 if the President certifies in writing to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that the Government of Chile--,

(A) does not engage in a consistent pattern of gross violations of internationally recognized human rights, including torture or cruel, inhuman, or degrading treatment or punishment, prolonged detention without charges or trial, or other flagrant denials of the right to life, liberty, or the security of person;

(B) has permitted the unimpeded investigation, by internationally recognized commissions on human rights (including the United Nations Commission on Human Rights and the Inter-American Commission on Human Rights of the Orgainization of American States) of alleged violations of internationally recognized human rights (as described in subparagraph (A) of this paragraph); and

(C) has taken steps to inform the families of prisoners of the condition of and charges against such prisoners.

CONTROL OF MILITARY FORCES IN THE INDIAN OCEAN

Sec. 407. 22 USC 2151 note. (a) It is the sense of Congress that the President should undertake to enter into negotiations with the Soviet Union intended to achieve an agreement limiting the deployment of naval, air, and land forces of the Soviet Union and the United States in the Indian Ocean and littoral countries. Such negotiations should be convened as soon as possible and should consider, among other things, limitations with respect to--,

(1) the establishment or use of facilities for naval, air, or land forces in the Indian Ocean and littoral countries;

(2) the number of naval vessels which may be deployed in the Indian Ocean, or the number of "shipdays" allowed therein; and

(3) the type and number of military forces and facilities allowed therein.

(b) Not later than December 1, 1976, the President shall transmit a report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate with respect to steps he has taken to carry out the provisions of this section.

UNITED STATES CITIZENS IMPRISONED IN MEXICO

Sec. 408. 22 USC 2291 note. (a) The Congress, while sdharing the concern of the President over the urgent need for international cooperation to restrict traffic in dangerous drugs, is convinced that such efforts must be consistent with respect for fundamental human rights. The Congress, therefore, calls upon the President to take steps to insure that United States efforts to secure stringent international law enforcement measures are combined with efforts to secure fair and humane treatment for citizens of all countries.

(b)(1) The Congress requests that the President communicate directly to the President and Government of the Republic of Mexico, a nation with which we have friendly and cooperative relations, the continuing desire of the United States for such relations between our two countries and the concern of the United States over treatment of United States citizens arrested in Mexico.

(2) The Secretary of State shall report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate within one hundred and twenty days after the date of enactment of this section, and every one hundred and twenty days thereafter, on progress toward full respect for the human and legal rights of all United States citizens detained in Mexico.

EMERGENCY FOOD NEEDS OF PORTUGAL

Sec. 409. 22 USC 2293 note. It is the sense of the Congress that the President should undertake immediately an evaluation of the emergency food needs of Portugal. It is further the sense of the Congress that the President should take timely action to alleviate such emergency by providing Portugal with food commodities under the provisions of pertinent statutes.

STRIFE IN LEBANON

Sec. 410. 22 USC 2441 note. It is the sense of the Congress that the situation in Lebanon, a nation traditionally friendly to the United States, poses a danger to peace in the Middle East. The Congress deplores the armed civil strife and the continuing erosion of national institutions which threaten to destory the political and economic fabric of Lebanon with such tragic impact on all its people. The Congress views with grave concern any outside efforts to exploit the current strife with the purpose of transforming Lebanon into a radical state in confrontation with Israel. The Congress requests that the President use his good offices to secure an end to the civil strife and national discord in Lebanon and to preserve the traditional friendly attitude of Lebanon toward the United States.

REPORT ON KOREA

Sec. 411. Chapter 3 of part 111 of the Foreign Assistance Act of 1961 is amended by adding at the end thereof the following new section:

" Sec. 668. 22 USC 2428.. Report on Korea.--Within ninety days after the enactment of this section, and at least once during each of the next five years, the President shall transmit to the Speaker of the House of Representatives and to the Committees on Foreign Relations and Armed Services of the Senate a report which (1) reviews the progress made under the announced program of the Republic of Korea to modernize its armed forces so as to achieve military self-sufficiency by 1980, (2) reports on the role of the United States in mutual security efforts in the Republic of Korea, and (3) reports on the prospects for or implementation of phased reduction of United States Armed Forces assigned to duty in the Republic of Korea, in coordination with the timetable of the Republic of Korea for military self-sufficiency.".

Sec. 412. 22 USC 2428 note. The Congress views with distress the erosion of important civil liberties in the Republic of Korea and requests that the President communicate this concern in forceful terms to the Government of the Republic of Korea within sixty days after enactment.

REPEAL OF INDOCHINA ASSISTANCE

Sec. 413. (a) Part V of the Foreign Assistance Act of 1961 and sections 34, 35, 36, 37, 38, 39, and 40 of the Foreign Assistance Act of 1974 are repealed. 22 USC 2431, 2432, 2433 notes, 2415. 22 USC 2441 note. All determinations, authorizations, regulations, orders, contracts, agreements, and other actions issued, undertaken, or entered into under authority of any provision of law repealed by this section shall continue in full force and effect until modified, revoked, or superseded by appropriate authority.

(b) Subject to the availability of appropriations therefor, the President is authorized to adopt as a contract of the United States Government, and assume any liabilities arising thereunder (in whole or in part), any contract which had been funded or approved for funding by the Agency for International Development prior to June 30, 1975, for financing with funds made available under the Foreign Assistance Act of 1961 or the Foreign Assistance Act of 1974, 22 USC 2151 note, 2151a note. or any equitable claim based upon a letter of intent issued prior to April 30, 1975, in which the Agency had expressed its intention to finance a transaction subject to the availability of funds, between the former Governments of Vietnam or Cambodia (including any of their agencies) or the Government of Laos (or any of its agencies) and any person and to apply with respect to any such contract the authorities of the Foreign Assistance Act of 1961.

(c) Funds made available for the purposes of part V of the Foreign Assistance Act of 1961 and of section 36 of the Foreign Assistance Act of 1974 (including amounts certified pursuant to section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C. 200), as having been obligated against appropriations heretofore made) are authorized to be appropriated, and thereafter, to remain available until expended, to meet necessary expenses arising from the actions authorized by subsection (b) of this section and such funds are authorized to remain available until expended to meet necessary expenses arising from the termination of assistance programs authorized by such part and such section 36, which expenses may include but need not be limited to the settlement of claims and associated personnel costs.

LEBANON HOUSING RECONSTRUCTION

Sec. 414. Section 223 (j) of the Foreign Assistance Act of 1961, 22 USC 2183. is amended by striking out "and" in the last sentence and by inserting immediately before the period at the end of such sentence", and in Lebanon, not exceeding a face amount of $15,000,000".

ITALY RELIEF AND REHABILITATION

Sec. 415. Chapter 9 of part 1 of the Foreign Assistance Act of 1961, 22 USC 2292h. is amended by adding at the end thereof the following new section:

" Sec. 495 B. Italy Relief and Rehabilitation.--(a) In addition to amounts otherwise available for such purpose, there is authorized to be appropriated $25,000,000 for the fiscal year 1976 to furnish assistance under this chapter for the relief and rehabilitation of the people who have been victimized by the recent earthquake in Italy. Amounts appropriated under this sectionare authorized to remain available until expended.

"(b) Obligations incurred prior to the date of enactment of this section against other appropriations or accounts for the purpose of providing relief and rehabilitation assistance to the people of Italy may be charged to the appropriations authorized under this section.".

LEBANON RELIEF AND REHABILITATION

Sec. 416. Chapter 9 of part 1 of the Foreign Assistance Act of 1961, 22 USC 2292i. as amended by section 415 of this Act, is further amended by adding at the end thereof the following new section:

" Sec. 495 C. Lebanon Relief and Rehabilitation.--,(a) The Congress, recognizing that prompt United States assistance is necessary to alleviate the human suffering arising from civil strife in Lebanon and to restore the confidence of the people of Lebanon, authorizes the President to furnish assistance, on such terms and conditions as he may determine, for the relief and rehabilitation of refugees and other needy people in Lebanon.

"(b) There is authorized to be appropriated to the President for the purposes of this section, in addition to amounts otherwise available for such purposes, $20,000,000, which amount is authorized to remain available until expended.

"(c) Assistance under this section shall be provided in accordance with the policies and general authority contained in section 491. 22 USC 2292.

"(d) Obligations incurred prior to the date of enactment of this section against other appropriations or accounts for the purpose of providing relief and rehabilitation assistance to the people of Lebanon may be charged to the appropriations authorized under this section.

"(e) Not later than sixty days after the date of enactment of appropriations to carry out this section, and on a quarterly basis thereafter, the President shall transmit reports to the Committees on Foreign Relations and Appropriations of the Senate and to the Speaker of the House of Representatives regarding the programing and obligation of funds under this section.".

TITLE V-- MISCELLANEOUS AUTHORIZATIONS SECURITY SUPPORTING ASSISTANCE

Sec. 501. 22 USC 2346a. (a) Section 532 of the Foreign Assistance Act of 1961 is amended to read as follows:

" Sec. 532. Authorization.--(a) There is authorized to be appropriated to the President to carry out the purposes of this chapter for the fiscal year 1976 $1,766,200,000, of which not less than $65,000,000 shall be available only for Greece, $730,000,000 shall be available only for Israel, and $705,000,000 shall be available only for Egypt, and for the fiscal year 1977 $1,860,000,000, of which not less than $785,000,000 shall be available only for Israel, not less than $750,000,000 shall be available only for Egypt, not less than $27,500,000 shall be available only for Zambia, and not less than $27,500,000 shall be available only for Zaire. Amounts appropriated under this section are authorized to remain available until expended.

"(b)(1) None of the funds made available under this section for Zaire and Zambia may be used for military, guerrilla, or paramilitary activities in either such country or in any other country.

"(2) Assistance furnished under this chapter to Zaire and Zambia for fiscal year 1977 shall not be counted for purposes of the limitation contained in the last sentence of section 531 22 USC 2346. on the number of countries which may receive assistance under this chapter in any fiscal year.".

MIDDLE EAST SPECIAL REQUIREMENT FUND

Sec. 502. Section 903 of the Foreign Assistance Act of 1961, 22 USC 2443. is amended--,

(1) in subsection (a), by striking out "for the fiscal year

1975

not to exceed $100,000,000" and inserting in lieu thereof "for the fiscal year 1976 not to exceed $50,000,000 and for the fiscal year 1977 not to exceed $35,000,000"; and

(2) by striking out subsection (c) and inserting in lieu thereof the following:

"(c) Funds appropriated under subsection (a) shall be available to assist the Governments of Egypt and Israel in carrying out activities under the Agreement of October 10, 1975, and to pay the costs of implementing the United States proposal for the early warning system in Sinai. Such funds may be obligated without regard to the provisions of subsection (b) of this section to the extent that the proposed obligation has been justified to the Congress prior to the enactment of this subsection.

"(d) Of the amount authorized to be appropriated in subsection (a) for the fiscal years 1976 and 1977, not less than $12,000,000 for each such year shall constitute a contribution by the United States toward the settlement of the deficit of the United Nations Relief and Works Agency for Palestine Refugees in the Middle East, if the President determines that a reasonable number of other countries will contribute a fair share toward the settlement of such deficit within a reasonable period of time after the date of enactment of the International Security Assistance and Arms Export Control Act of 1976. In determining such fair share, the President shall take into consideration the economic position of each such country. Such $24,000,000 shall be in addition to any other contribution to such Agency by the United States pursuant to any other provision of law.

"(e) Funds made available under this section may be obligated without regard to the provisions of subsection (b) of this section for programs contained in the presentation materials submitted to Congress for the fiscal year 1977.".

CONTINGENCY FUND

Sec. 503. Chapter 5 of part 1 of the Foreign Assistance Act of 1961 22 USC 2261. is amended--,

(1) in the chapter heading, by striking out "disaster Relief" and inserting in lieu thereof " Contingency Fund"; and

(2) in section 451(a)--,

22 USC 2261.

(A) by striking out "for the fiscal year 1975 not to

exceed

$5,000,000," and inserting in lieu thereof "for the fiscal year 1976 not to exceed $5,000,000 and for the fiscal year 1977 not to exceed $5,000,000"; (B) by striking out "or by section

639"; and

(C) by adding at the end thereof the following new

sentence:

" Amounts appropriated under this section are authorized to remain available until expended.". INTERNATIONAL NARCOTICS CONTROL

Sec. 504. (a) Section 482 of the Foreign Assistance Act of 1961 22 USC 2291a. is amended by inserting immediately before the period at the end of the first sentence", $40,000,000 for the fiscal year 1976, no part of which may be obligated for or on behalf of any country where illegal traffic in opiates has been a significant problem unless and until the President determines and certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate that assistance furnished to such country pursuant to the authority in this chapter is significantly reducing the amount of illegal opiates entering the international market, and not to exceed $34,000,000 for the fiscal year 1977".

(b) Section 481 of the Foreign Assistance Act of 1961 22 USC 2291. is amended by adding at the end thereof the following new subsection:

"(c)(1) Notwithstanding any other provision of law, no officer or employee of the United States may engage or participate in any direct police arrest action in any foreign country with respect to narcotics control efforts.

"(2) The President shall carry out a study with respect to methods through which United States narcotics control programs in foreign countries might be placed under the auspices of international or regional organizations. The results of such study shall be transmitted to the Speaker of the House of Representatives and the President of the Senate not later than June 30, 1977.".

AUTHORIZATION FOR INTERNATIONAL ATOMIC ENERGY AGENCY

Sec. 505. Section 302 of the Foreign Assistance Act of 1961 22 USC 2222. is amended by adding at the end thereof the following new subsection:

"(i) In addition to amounts otherwise available under this section, there are authorized to be appropriated for fiscal year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be available only for the International national Atomic Energy Agency to be used for the purpose of strengthening safeguards and inspections relating to nuclear fissile facilities and materials. Amounts appropriated under this subsection are authorized to remain available until expended.".

INTERIM QUARTER AUTHORIZATIONS

Sec. 506. 22 USC 2162 note. (a) Any authorization of appropriations in this Act, or in any amendment to any other law made by this Act, for the fiscal year 1976, shall be deemed to include an additional authorization of appropriations for the period beginning July 1, 1976, and ending September 30, 1976, in amounts which equal one-fourth of any amount authorized for the fiscal year 1976 and in accordance with the authorities applicable to operations and activities authorized under this Act or such other law, unless appropriations for the same purpose are specifically authorized in a law hereinafter enacted.

(b) 22 USC 2751 note. The aggregate total of credits, including participations in credits, extended pursuant to the Arms Export Control Act and of the principal amount of loans guaranteed pursuant to section 24(a) of such Act 22 USC 2764. during the period beginning July 1, 1976, and ending September 30, 1976, may not exceed an amount equal to one-fourth of the amount authorized by section 31(b) of such Act to be extended and guaranteed for the fiscal year 1976.

BASE AGREEMENTS WITH SPAIN, GREECE, AND TURKEY

Sec. 507. 22 USC 2151 note. (a) In addition to any amounts authorized to be appropriated by any amendment made by this Act which may be available for such purpose, there are authorized to be appropriated such sums as may be necessary for the fiscal year 1977 to carry out international agreements or other arrangements for the use by the Armed Forces of the United States of military facilities in Spain, Greece, or Turkey.

(b) No funds appropriated under this section may be obligated or expended to carry out any such agreement or other arrangement until legislation has been enacted approving such agreement or other arrangement.

TITLE VI-- MISCELLANEOUS PROVISIONS EXPEDITED PROCEDURE IN THE SENATE

Sec. 601. (a) The provisions of subsection (b) of this section shall apply with respect to the consideration in the Senate of any resolution required by law to be considered in accordance with such provisions.

(2) Any such law shall--,

(A) state whether the term "resolution" as used in subsection (b) of this section, means, for the purposes of such law--,

(i) a joint resolution; or

(ii) a resolution of either House of Congress;

(iii) a concurrent resolution; and

(B) specify the certification to which such resolution shall apply.

(b)(1) For purposes of any such law, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period indicated.

(2) Paragraphs (3) and (4) of this subsection are enacted--,

(A) as an exercise of the rulemaking power of the Senate and as such they are deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of resolutions described by subsection (a)(1) of this section; and they supersede other rules of the Senate only to the extent that they are inconsistent therewith; and

(B) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.

(3)(A) If the committee of the Senate to which has been referred a resolution relating to a certification has not reported such resolution at the end of ten calendar days after its introduction, not counting any day which is excluded under paragraph (1) of this subsection, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same certification which has been referred to the committee, except that no motion to discharge shall be in order after the committee has reported a resolution with respect to the same certification.

(B) A motion to discharge under subparagraph (A) of this paragraph may be made only b a Senator favoring the resolution, is privileged, and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution, the time to be divided equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

(4)(A) A motion in the Senate to proceed to the consideration of a resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

(B) Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.

(C) Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.

(D) A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate.

PROCUREMENTS FROM SMALL BUSINESSES

Sec. 602. 22 USC 2352 note. In order to encourage procurements from small business concerns under chapter 4 of the Foreign Assistance Act of 1961, the Administrator of the Agency for International Development shall report to the Congress every six months on the extent to which small businesses have participated in procurements under such chapter and on what efforts the Agency has made to foster such procurements from small business concerns. The Small Business Administration shall lend all available assistance to the Agency for the purposes of carrying out this section.

PAYMENT OF CONSULTANTS

Sec. 603. 22 USC 2386. Section 626(a) of the Foreign Assistance Act of 1961 is amended by striking out "$100 per diem" and inserting in lieu thereof "the daily equivalent of the highest rate which may be paid to an employee under the General Schedule established by section 5332 of title 5, United States Code".

FEES OF MILITARY SALES AGENTS AND OTHER PAYMENTS

Sec. 604. 22 USC 2776. (a) Section 36 of the Foreign Military Sales Act, as amended by section 211 of this Act, is further amended as follows:

(1) In subsection (a)--,

(A) strike out "and" at the end of paragraph (7);

(B) redesignate paragraph (8) as paragraph (9); and

(C) insert the following new paragraph immediately

after

paragraph (7):

"(8) a description of each payment, contribution, gift, commission, or the fee reported to the Secretary of State under section 39, including (A) the name of the person who made such payment, contribution, gift, commission, or fee; (B) the name of any sales agent or other person to whom such payment, contribution, fift, commission, or fee was paid; (C) the date and amount of such payment, contribution, gift, commission, or fee; (D) a description of sale in connection with which such payment, contribution, gift, commission, or fee was paid; and (E) the identification of any business information considered confidential by the person submitting it which is included in the report; and".

(2) In the first sentence of subsection (b), insert immediately before the period "and a description, containing the information specified in paragraph (8) of subsection (a), of any contribution, gift, commission, or fee paid or offered or agreed to be paid in order to solicit, promote, or otherwise to secure such letter of offer".

(b) 22 USC 2779. Chapter 3 of the Foreign Military Sales Act, as amended by section 212 of this Act, is further amended by adding at the end thereof the following new section:

" Sec. 39. Fees of Military Sales Agents and Other payments.--, (a) In accordance with such regulations as he may prescribe, the Secretary of State shall require adequate and timely reporting on political contributions, gifts, commissions and fees paid, or offered or agreed to be paid, by any person in connection with--,

"(1) sales of defense articles or defense services under section 22 of this Act;

22 USC 2762.

or

"(2) commercial sales of defense articles or defense services licensed or approved under section 38 of this Act;

to or for the armed forces of a foreign country or international organization in order to solicit, promote, or otherwise to secure the conclusion of such sales. Such regulations shall specify the amounts and the kinds of payments, offers, and agreements to be reported, and the form and timing of reports, and shall require reports on the names of sales agents and other persons receiving such payments. The Secretary of State shall by regulation require such recordkeeping as he determines is necessary.

"(b) The President may, by regulation, prohibit, limit, or prescribe conditions with respect to such contributions, gifts, commissions, and fees as he determines will be in furtherance of the purposes of this Act.

"(c) No such contribution, gift, commission, or fee may be included, in whole or in part, in the amount paid under any procurement contract entered into under section 22 of this Act, unless the amount thereof is reasonable, allocable to such contract, and not made to a person who has solicited, promoted, or otherwise secured such sale, or has held himself out as being able to do so, through improper influence. For the purposes of this section, 'improper influence' means influence, direct or indirect, which induces or attempts to induce consideration or action by any employee or officer of a purchasing foreign government or international organization with respect to such purchase on any basis other than such consideration of merit as are involved in comparable United States procurements.

"(d)(1) All information reported to the Secretary of State and all records maintained by any person pursuant to regulations prescribed under this section shall be available, upon request, to any standing committee of the Congress or any subcommittee thereof and to any agency of the United States Government authorized by law to have access to the books and records of the person required to submit reports or to maintain records under this section.

"(2) Access by an agency of the United States Government to records maintained under this section shall be on the same terms and conditions which govern the access by such agency to the books and records of the person concerned.".

(c) 22 USC 2776 note. The amendments made by this section shall take effect sixty days after the date of enactment of this Act.

USE OF PERSONNEL

Sec. 605. 22 USC 2751 note (a) Nothing in this Act is intended to authorize any additional military or civilian personnel for the Department of Defense for the purposes of this Act, the Foreign Assistance Act of 1961, 22 USC 2751 note. or the Arms Export Control Act. Personnel levels authorized in statutes authorizing appropriations for military and civilian personnel of the Department of Defense shall be controlling over all military and civilian personnel of the Department of Defense assigned to carry out functions under the Arms Export Control Act and the Foreign Assistance Act of 1961.

(b) Section 42 of the Foreign Military Sales Actt, 22 USC 2791. as amended by section 213 of this Act, is further amended by adding at the end thereof the following new subsection:

"(f) The President shall, to the maximum extent possible and consistent with the purposes of this Act, use civilian contract personnel in any foreign country to perform defense services sold under this Act.".

ASSISTANCE FOR PRODUCTIVE ENTERPRISES

Sec. 606. 22 USC 2370. Section 620(k) of the Foreign Assistance Act of 1961 is amended by inserting immediately before the period at the end of the first sentence", except that this sentence does not apply with respect to assistance for construction of any productive enterprise in Egypt. which is described in the presentation materials to Congress for fiscal year 1977".

EXTORTION AND ILLEGAL PAYMENTS

Sec. 607. 22 USC 2394a. Within 60 days after receiving information which substantiates that officials of a foreign country receiving international security assistance have (1) received illegal or otherwise improper payments from a United States corporation in return for a contract to purchase defense articles or services from such corporation, or (2) extorted, or attempted to extort, money or other things of value in return for actions by officials of that country that permit a United States citizen or corporation to conduct business in that country, the President shall submit to Congress a report outlining the circumstances of such payment or extortion. The report shall contain a recommendation from the President as to whether the United States should continue a security assistance program for that country.

EXTENSION OF AIRPORT AT PINECREEK, MINNESOTA

Sec. 608. The consent of Congress is hereby granted for the State of Minnesota or a subdivision or instrumentality thereof to enter into an agreement with the Government of Canada, a Canadian Province, or a subdivision or instrumentality of either, providing for the extension of the Pinecreek Airport at Pinecreek, Minnesota, into the Province of Manitoba, Canada, and the operation of the airport by a joint Canadian-American airport authority. The effectiveness of such agreement shall be conditioned on its approval by the Secretary of State.

Approved June 30, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94 - 1144 (Comm. on International Relations) and

No. 94 - 1272 (Comm. of Conference).

SENATE REPORT No. 94 - 876 accompanying S. 3439 (Comm. on Foreign Relations).

CONGRESSIONAL RECORD, Vol. 122(1976):

May 19, June 2, considered and passed House.

June 14, considered and passed Senate, amended, in lieu of S. 3439.

June 22, House agreed to conference report.

June 25, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 27:

July 1, Presidential statement.

PUBLIC LAW 94-328, 90 STAT. 727

94th Congress, S. J. Res. 203 June 30, 1976
JOINT RESOLUTION To amend the Higher Education Act of 1965, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, 20 USC 1001 note. That this joint resolution may be cited as the " Emergency Technical Provisions Act of 1976".

Sec.2. (a) The first sentence of section 424(a) of the Higher Education act of 1965 20 USC 1074. is amended by striking out "for the fiscal year ending June 30, 1975" and inserting in lieu thereof the following: "each for the fiscal year ending June 30, 1975, for the fiscal year ending June 30, 1976, and for the period beginning July 1, 1976, and ending September 30, 1976".

(b) Section 428(a)(5) of such Act 20 USC 1078. is amended by striking out " June 30, 1975" and inserting in lieu thereof " September 30, 1976".

(c) Section 2(a) (7) of the Emergency Insured Student Loan Act of 1969 20 USC 1078a. is amended by striking out " July 1, 1975" and inserting in lieu thereof " October 1, 1976".

(d) The amendments made by this section shall not be deemed to authorize the automatic extension of the programs so amended, under section 414 of the General Education Provisions Act, 20 USC 1226a. beyond the date specified in such amendments.

(e) 42 USC 2756 note. For the purposes of section 446(b) of the Higher Education Act of 1965, 42 USC 2756. the period beginning July 1, 1976, and ending September 30, 1977, shall be treated as one fiscal year, any other provision of law to the contrary notwithstanding.

(f) Section 411 of the Higher Education Act of 1965 20 USC 1070a. is amended by inserting at the end thereof the following new subsection:

"(c) Any institution of higher education which enters into an agreement with the Commissioner to disburse to students attending that institution the amounts those students are eligible to receive under this subpart shall not be deemed, by virtue of such agreement, a contractor maintaining a system of records to accomplish a function of the Commissioner.".

Approved June 30, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 1281 accompanying H.J. Res. 984 (Comm. on Education and Labor).

SENATE REPORT No. 94 - 954 (Comm. on Labor and Public Welfare).

CONGRESSIONAL RECORD, Vol. 122 (1976):

June 17, considered and passed Senate.

June 21, considered and passed House, in lieu of H.J.

Res. 984.

Public Law 94-327, 90 Stat. 726

94th Congress, S. 3475 June 30, 1976
AN ACT Relating to the display of certain historical documents within the United States Capitol Building during the calendar year 1976.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That nothing contained in the provisions of section 1815 of the Revised Statutes of the United States (40 U.S.C. 189), or any other law, shall be construed as prohibiting the Architect of the Capitol, during the Bicentennial year from displaying, in such manner and within such area of the United States Capitol Building, as the Architect of the Capitol, with the approval of the Joint Committee on the Library, shall determine, the historical drawings which resulted from the architectural competition held in 1793 for the design of the United States Capitol Building.

Sec. 2. For the purpose of displaying such historical drawings in the United States Capitol Building, the Architect of the Capitol, under the direction of the Joint Committee on the Library, is authorized to enter into such arrangements or agreements as may be necessary in order to assure the protection of the aforementioned drawings while such drawings are under his supervision.

Approved June 30, 1976.

LEGISLATIVE HISTORY:

SENATE REPORT No. 94 - 924 (Comm. on Rules and Administration).

CONGRESSIONAL RECORD, Vol. 122 (1976):

June 10, considered and passed Senate.

June 18, considered and passed House.

PUBLIC LAW 94-326, 90 STAT. 725

94th Congress, S. 3147 June 30, 1976
AN ACT To extend the Marine Protection, Research, and Sanctuaries Act for two years.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 111 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1420) is amended--

(1) by striking out "and" immediately after "fiscal year 1976,"; and

(2) by adding immediately after " September 30, 1976)," the following: "and not to exceed $4,800,000 for fiscal year 1977,".

Sec.2. Section 112 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1421) is amended--

(1) by striking out " Administrator shall" and inserting in lieu thereof " Administrator, the Secretary, and the Secretary of the department in which the Coast Guard is operating shall each individually";

(2) by striking out " June 30 of each year" and inserting in lieu thereof " March 1 of each year".

Sec.3. The last sentence of section 204 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1444) is amended by inserting immediately before the period the following:", and not to exceed $5,600,000 for fiscal year 1977".

Sec.4. Section 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434) is amended--

(1) by striking out "and" immediately after "fiscal year 1976,"; and

(2) by adding immediately after " September 30, 1976)" the following ",and not to exceed $500,000 for fiscal year 1977".

Approved June 30, 1976.

LEGISLATIVE HISTORY:

SENATE REPORT No. 94 - 860 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 122 (1976):

May 21, 25, considered and passed Senate.

June 17, considered and passed House.

PUBLIC LAW 94-325, 90 STAT. 724

94th Congress, S. 3122 June 30, 1976
AN ACT To extend the authorization for appropriations to carry out the Endangered Species Act of 1973.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) is amended--

(1) by striking out "(A) not to exceed $4,000,000" and all that follows through "$10,000,000 for fiscal year 1976," in paragraph (A) thereof and inserting in lieu thereof "(1) not to exceed $10,000,000 for the fiscal year ending June 30, 1976, not to exceed $1,800,000 for the fiscal transitional period ending September 30, 1976, and not to exceed a total of $25,000,000 for the fiscal year ending September 30, 1977 and the fiscal year ending September 30, 1978,"; and

(2) by striking out "n B) not to exceed $2,000,000" and all that follows through "$2,000,000 for fiscal year 1976," in paragraph (B) thereof and inserting in lieu thereof "(2) not to exceed $2,000,000 for the fiscal year ending June 30, 1976, not to exceed $500,000 for the fiscal transitional period ending September 30, 1976, and not to exceed a total of $5,000,000 for the fiscal year ending September 30, 1977 and the fiscal year ending September 30, 1978,".

Approved June 30, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94 - 887 accompanying H.R. 8092 (Comm. on Merchant Marine and Fisheries).

SENATE REPORT No. 94 - 837 (Comm. on Commerce).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Mar. 15, H.R. 8092 considered and passed House.

May 18, considered and passed Senate.

June 17, considered and passed House, in lieu of H.R. 8092.

PUBLIC LAW 94-324, 90 STAT. 720

94th Congress, S. 2529 June 30, 1976
AN ACT To amend chapter 37 of title 38, United States Code, to increase the maximum Veterans' Administration's guaranty for mobile home loans from 30 to 50 percent, to make permanent the direct loan revolving fund, to extend entitlement under chapter 37 to those veterans who served exclusively between World War 11 and the Korean conflict, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 38 USC 1801 note. That this Act may be cited as the " Veterans Housing Amendments Act of 1976".

Sec. 2. (a) Subchapter 1 of chapter 37 of title 38, United States Code, is amended by adding at the end thereof the following new section: Sec. 1807. 38 USC 1801. Service after July 25, 1947, and prior to June 27, 1950 38 USC 1807.

" Each veteran whose only active duty service occurred after July 25, 1947, and prior to June 27, 1950, and who--

"(1) served for a period of more than 180 days and was discharged or released therefrom under conditions other than dishonorable; or

"(2) served for a period of 180 days or less and was discharged or released for a service-connected disability;

shall be eligible for benefits of this chapter.".

(b) The table of sections for subchapter 1 of chapter 37 of title 38, United States Code, is amended by adding at the end thereof the following new item: "1807. Service after July 25, 1947, and prior to June 27, 1950.".

Sec. 3. Section 1811 (d) of title 38, United States Code is amended--

(1) by striking out in paragraph (2) (A) "$21,000" the first time it appears and inserting in lieu thereof "$33,000", by striking out in paragraph (2) (A) "$21,000", the second time it appears and all that follows thereafter and inserting in lieu thereof "$33,000."; and

(2) by striking out in paragraph (3) "$21,000;" and all that follows thereafter and inserting in lieu thereof "$33,000.".

Sec. 4. Section 1818 (a) of title 38, United States Code, is amended to read as follows:

"(a) Each veteran who served on active duty, any part of which occurred after January 31, 1955, and who--

"(1) served for a period of more than 180 days and was discharged or released therefrom under conditions other than dishonorable;

"(2) has served more than 180 days in active duty status and continues on active duty without a break therein; or

"(3) was discharged or released from active duty after such date for a service-connected disability;

shall be eligible for the benefits of this chapter, subject to the provisions of this section.".

Sec. 5. Section 1819 (c) (3) of title 38, United States Code, is amended by striking out "30 per centum" and inserting in lieu thereof "50 percent" in the first sentence.

Sec. 6. Section 1823 of title 38, United States Code, is amended--

(1) by striking out in subsection (a) all of the last sentence thereof; and

(2) by striking out in subsection (c) before the period at the end of the last sentence ", and not later than June 30, 1976, he shall cause to be so deposited all sums in such account and all amounts received thereafter in repayment of outstanding obligations, or otherwise, except so much thereof as he may determine to be necessary for purposes of liquidation of loans made from the revolving fund and for the purposes of meeting commitments under section 1820 (e) of this title".

Sec. 7. Chapter 37 of title 38, United States Code, 38 USC 1801 et seq.

is amended--

(1) by striking out in section 1801 (a) (2) "widow", "her

own",

and "her husband" wherever they appear and inserting in lieu thereof "surviving spouse", "the spouse's own", and "the spouse", respectively;

(2) by striking out in section 1801 (a)(3) "wife" and "her husband" wherever they appear and inserting in lieu thereof "spouse" and "the spouse", respectively;

(3) by striking out in section 1802 (b), including clause (3), "he" and "his" and inserting in lieu thereof "the Administrator" and "the veteran-transferee's", respectively;

(4) by striking out in subsections (c) and (d) of section 1802 " He", "him", and "he" whenever they appear and inserting in lieu thereof " The Administrator", "the Administrator", and "the Administrator", respectively;

(5) by striking out in subsection (e) and (g) of section 1802 "him" and "his wife" wherever they appear and inserting in lieu thereof "the Administrator" and "the veteran's spouse", respectively;

(6) by striking out in section 1803 (d)(3) "he" and inserting in lieu thereof "the Administrator";

(7) by striking out in section 1804 (c) "he" and "his" wherever they appear and inserting in lieu thereof "the veteran" and "the veteran's", respectively;

(8) by striking out in section 1804 (d) "he" and inserting in lieu thereof "the Administrator":

(9) by striking out in section 1805(a) "his" wherever it appears and inserting in lieu thereof "the Administrator's";

(10) by striking out in section 1806(a) "his" and inserting in lieu thereof "the seller's";

(11) by striking out in section 1810(a) "him", "his", and "he" wherever they appear and inserting in lieu thereof "the veteran", "the veteran's", and "the Administrator", respectively;

(12) by striking out in section 1811 (b) "he" and " He" and inserting i