Public Law 94-121, 89 Stat. 611, Departments of State, Justice, and
Commerce, the Judiciary and Related Agencies Appropriation Act, 1976.
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 Departments of State, Justice, and Commerce, the
Judiciary, and related agencies for the fiscal year ending June 30,
1976, and the period ending September 30, 1976, and other purposes,
namely:
For necessary expenses of the Department of State, not otherwise
provided for, including expenses authorized by the Foreign Service Act
of 1946, as amended (22 U.S.C. 801 - 1158), and allowances as authorized
by 5 U.S.C. 5921 - 5925; expenses of binational arbitrations arising
under international air transport agreements; expenses necessary to
meet the responsibilities and obligations of the United States in
Germany (including those arising under the supreme authority assumed by
the United States on June 5, 1945, and under contractual arrangements
with the Federal Republic of Germany); hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; dues for library
membership in organizations which issue publications to members only, or
to members at a price lower than to others; expenses authorized by
section 2 of the Act of August 1, 1956 (22 U.S. C. 2669), as amended;
refund of fees erroneously charged and paid for passports; radio
communications; payment in advance for subscriptions to commercial
information, telephone and similar services abroad; care and
transportation of prisoners and persons declared insane; expenses as
authorized by law (18 U.S.C. 3192), of bringing to the United States
from foreign countries persons charged with crime; expenses necessary
to provide maximum physical security in Government-owned and leased
properties abroad; and procurement by contract or otherwise, of
services, supplies, and facilities, as follows: (1) translating, (2)
analysis and tabulation of technical information, and (3) preparation of
special maps, globes, and geographic aids; administrative and other
expenses authorized by section 637(b) of the Foreign Assistance Act of
1961, as amended (22 U.S.C. 2397(b)), and by section 305 of the Mutual
Defense Assistance Control Act of 1951, as amended (22 U.S.C. 1613(d))
//22 USC 1613d.// ; $425,400,000: Provided, That passenger motor
vehicles in possession of the Foreign Service abroad may be replaced in
accordance with section 7 of the Act of August 1, 1956 (22 U.S.C.
2674), and the cost, including the exchange allowance, of each such
replacement shall not exceed $4,900 in the case of the chief of mission
automobile at each diplomatic mission (except that four such vehicles
may be purchased at not to exceed $9,000 each) and such amounts as may
be otherwise provided by law for all other such vehicles, except that
right hand drive vehicles may be purchases without regard to any maximum
price limitation otherwise established by law: Provided further, That
in addition, this appropriation shall be available for the purchase (not
to exceed thirty-three), replacement, rehabilitation, and modification
of passenger motor vehicles for protective purposes without regard to
any maximum price limitations otherwise established by law.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $119,100,000.
For representation allowances as authorized by section 901 of the
Foreign Service Act of 1946, as amended (22 U.S.C. 1131), $1,700,000.
For " Representation allowances" for the period July 1, 1976, through
September 30, 1976, $525,000.
For necessary expenses of carrying into effect the Foreign Service
Buildings Act, 1926, as amended (22 U.S.C. 292 - 300), including
personal services in the United States and abroad; 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; and services as authorized by 5 U.
S.C. 3109; $29,840,000, to remain available until expended: Provided,
That not to exceed $1,817,000 may be used for administrative expenses
during the current fiscal year.
For " Acquisiton, operation, and maintenance of building abroad" for
the period July 1, 1976, through September 30, 1976, $8,450,000.
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements fo the United States
for the purposes authorized by section 4 of the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 295), to be credited to and
expended under the appropriation account for " Acquisition, operation,
and maintenance of buildings abroad", to remain available until
expended, $9,785,000.
For " Acquisition, operation, and maintenance of buildings abroad
(special foreign currency program)" for the period July 1, 1976, through
September 30, 1976, $800,000.
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular service,
to be expended pursuant to the requirement of section 291 of the Revised
Statutes (31 U.S.C. 107), $2,100,000.
For " Emergencies in the diplomatic and consular service" for the
period July 1, 1976, through September 30, 1976, $600,000.
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), $6,355,000.
For " Payment to Foreign Service retirement and disability fund" for
the period July 1, 1976, through September 30, 1976, $1,590,000.
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties, conventions, or specific Acts of Congress,
$217,853,000.
For " Contributions to international organizations" for the period
July 1, 1976, through September 30, 1976, $189,764,000.
For expense necessary for permanent representation to certain
international organizations in which the United States participates
pursuant to treaties, conventions, or specific Acts of Congress,
including expenses authorized by the pertienent Acts and conventions
provided for such representation //22 USC 269a, 269b, 269f, 269g-1,
269h, 272a, 273 - 276, 279a, 280b, 280i, 280k, 287e, 287r, 290b, 1896b,
1928, 1928b, 2673, notes.// ; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1946, as amended
(22 U.S.C. 801 - 1158); allowance as authorized by 5 U.S.C. 5921 -
2925; and expenses authorized by section 2 (a) and (e) of the Act of
August 1, 1956, as amended (22 U.S.C. 2669); $9,000,000.
For " Missions to international organizations" for the period July 1,
1976, through September 30, 1976, $2,673,000.
For necessary expenses of participation by the United States, upon
approval by the Secretary of State, in international activities which
arise from time to time in the conduct of foreign affairs and for which
specific appropriations have not been proveded pursuant to treaties,
conventions, or special Acts of Congress, including personal services
without regard to civil service and classification laws; 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;
contributions for the share of the United States in expenses of
international organizations; and expenses authorized by section 2(a) of
the Act of August 1, 1956, as amended (22 U.S.C. 2669); $5,840,000, of
which not to exceed a total of $125,000 may be expended for
representation allowances as authorized by section 901 of the Act of
August 13, 1946, as amended (22 U.S.C. 131), and for official
entertainment.
For " International conferences and contingencies" for the period
July 1, 1976, through September 30, 1976, $1,775,000: Provided, That
not to exceed $38,000 may be expended for representation allowances as
authorized by section 901 of the Act of August 13, 1946, as amended (22
U.S.C. 1131), and for official entertainment.
For necessary expenses of participation by the United States in
international trade negotiations, including not to exceed $10,000 for
representation allowances, as authorized by section 901 of the Act of
August 13, 1946, as amended (22 U.S.C. 1131), and for official
entertainment, $2,596,000: Provided, That this appropriation shall be
available in accordance with the authority provided in the current
appropriation for " International conferences and contingencies".
For " International trade negotiations" for the period July 1, 1976,
through September 30, 1976, $674,000: Provided, That not to exceed
$3,000 may be expended for representation allowances, as authorized by
section 901 of the Act of August 13, 1946, as amended (22 U.S.C. 1131),
and for official entertainment.
For expenses necessary to enable the United States to meet its
obligations under the treaties of 1889, 1906, 1933, 1944, 1963, and 1970
between the United States and Mexico, //26 Stat. 1512, 34 Stat. 2953,
48 Stat. 1621, 59 Stat. 1219, 15 UST 21, 21 UST 371.// and to comply
with the other laws applicable to the United States Section,
International Boundary and Water Commission, United States and Mexico,
including operation and maintenance of the Rio Grande rectification,
canalization, flood control, bank protection, water supply, power,
irrigation, boundary demarcation, and sanitation projects; detailed
plan preparation and construction (including surveys and operation and
maintenance and protection during construction); Rio Grande emergency
flood protection; expenditures for the purposes set forth in sections
101 through 104 of the Act of September 13, 1950 (22 U.S.C.
277d-1-277d-4); purchase of planographs and lithographs; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902); and
leasing of private property to remove therefrom sand, gravel, stone, and
other materials, without regard to section 3709 of the Revised Statutes,
as amended (41 U.S.C. 5); as follows:
For salaries and expenses not otherwise provided for, including
examinations, preliminary surveys, and investigations, and operation and
maintenance of projects or parts thereof, as enumerated above, including
gaging stations, $5,300,000: Provided, That expenditures for the Rio
Grande bank protection project shall be subject to the provisions and
conditions contained in the appropriation for said project as provided
by the Act approved April 25, 1945 (59 Stat. 89).
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,371,000.
For detailed plan preparation and construction of projects authorized
by the convention concluded February 1, 1933, between the United States
and Mexico, //48 Stat. 1621.// the Acts approved August 19, 1935, as
amended (22 U.S.C. 277 - 277f), August 29, 1935 (49 Stat. 961), June 4,
1936 (49 Stat. 1463), June 28, 1941 (22 U.S.C. 277f), September 13, 1950
(22 U.S.C. 277d-1-9) //22 USC 277d-32.// October 10, 1966 (80 Stat.
884), October 25, 1972 (86 Stat. 1161, //22 USC 277d-34 note.// and the
project stipulated in the treaty between the United States and Mexico
signed at Washington on February 3, 1944, to remain available until
expended, //59 Stat. 1219.// $8,365,000: Provided, That no expenditures
shall be made for the Lower Rio Grande flood-control project for
construction on any land, site, or easement in connection with this
project except such as has been acquired by donation and the title
thereto has been approved by the Attorney General of the United States:
Provided further, That the Anzalduas diversion dam shall not be operated
for irrigation or water supply purposes in the United States unless
suitable arrangements have been made with the prospective water users
for repayment to the Government of such portions of the cost of said dam
as shall have been allocated to such purposes by the Secretary of State.
For " Construction" for the period July 1, 1976, through September
30, 1976, $830,000, to remain available until expended.
For expenses necessary to enable the President to perform the
obligations of the United States pursuant to treaties between the United
States and Great Britain, in respect to Canada, signed January 11, 1909
(36 Stat. 2448), and February 24, 1925 (44 Stat. 2102); and the treaty
between the United States and Canada, signed February 27, 1950;
including services as authorized by 5 U.S.C. 3109; //1 UST 694.// hire
of passenger motor vehicles; $1,576,000, to be disbursed under the
direction of the Secretary of State and to be available also for
additional expenses of the American Sections, International Commissions,
as hereinafter set forth:
International Joint Commission, United States and Canada, the salary
of the Commissioners on the part of the United States who shall serve at
the pleasure of the President; salaries of clerks and other employees
appointed by the Commissioners on the part of the United States with the
approval solely of the Secretary of State; travel expenses and
compensation of witnesses in attending hearings of the Commission at
such places in the United States and Canada as the Commission or the
American Commissioners shall determine to be necessary; and special and
technical investigations in connection with matters falling within the
Commission's jurisdiction: Provided, That transfers of funds may be
made to other agencies of the Government for the performance of work for
which this appropriation is made.
International Boundary Commission, United States and Canada, the
completion of such remaining work as may be required under the award of
the Alaskan Boundary Tribunal and the existing treaties between the
United States and Great Britain; commutation of subsistence to
employees while on field duty at not to exceed the authorized prevailing
daily rate; hire of freight and passenger motor vehicles from temporary
field employees; and payment for timber necessarily cut in keeping the
boundary line clear.
For " American sections, international commissions" for the period
July 1, 1976, through September 30, 1976, $450,000.
For expenses, not otherwise provided for, necessary to enable the
United States to meet its obligations in connection with participation
in international fisheries commissions pursuant to treaties or
conventions, and implementing Acts of Congress, $4,730,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions.
For " International fisheries commissions" for the period July 1,
1976, through Septmeber 30, 1976, $1,560,000.
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to carry out the functions of the Department of State
under the provisions of the Mutual Educational and Cultural Exchange Act
of 1961, as amended (22 U.S.C. 2451 - 2458), and the Act of August 9,
1939 (22 U.S.C. 501), including expenses authorized by the Foreign
Service Act of 1946, as amended (22 U.S.C. 801 - 1158); expenses of the
National Commission on Educational, Scientific, and Cultural Cooperation
as authorized by sections 3, 5, and 6 of the Act of July 30, 1946 (22
U.S.C. 287o, 287q, 287r); hire of passenger motor vehicles; not to
exceed $12,000 for representation expenses; not to exceed $1,000 for
official entertainment within the United States; services as authorized
by 5 U.S.C. 3109; and advance of funds notwithstanding section 3648 of
the Revised Statutes, as amended (31 U. S.C. 529); $60,000,000, of
which not less than $2,000,000 shall be used for payment in foreign
currencies which the Treasury Department determines to be excess to the
normal requirements of the United States: Provided, That not to exceed
$3,521,000 may be used for administrative expenses during the current
fiscal year.
For " Mutual educational and cultural exchange activities" for the
period July 1, 1976, through September 30, 1976, $13,000,000: Provided,
That not to exceed $3,000 may be used for representation expenses and
not to exceed $250 may be used for official entertainment within the
United States.
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, //22 USC 2054 note.// by grant to any
appropriate agency of the State of Hawaii, $9,000,000: Provided, That
none of the funds appropriated herein shall be used to pay any salary,
or to enter into any contract providing for the payment thereof, in
excess of the highest rate authorized in the General Schedule of the
Classification Act of 1949, //5 USC 5332 note.// as amended.
For " Center for Cultural and Technical Interchange Between East and
West" for the period July 1, 1976, through September 30, 1976,
$2,350,000.
For payments in Japanese currency from amounts paid into United
States accounts by the Government of Japan pursuant to Article V of the
Agreement between the United States of America and Japan concerning the
settlement of post-war economic assistance signed at Tokyo, January 9,
1962, and the exchange of notes of the same date (13 U.S.T. 1957; T.I.
A.S. 5154), amounts to be determined at such times as the funds may be
required for activities authorized by the Mutual Educational and
Cultural Exchange Act of 1961 //22 USC 2451 note.// , as amended, to
remain available until expended, including utilization for purposes of
the grant of any interest earned by the Japanese grantees on funds made
available to them, excepting such amounts as may be required by law to
be applied to United States participation in the International Ocean
Exposition to be held at Okinawa, Japan.
Sec. 102. Appropriations under this title for " Salaries and
expenses", " International conferences and contingencies", and "
Missions to international organizations" are available for reimbursement
of the General Services Administration for security guard services for
protection of confidential files.
Sec. 103. None of the funds appropriated in this title shall be used
(1) to pay the United States contribution to any international
organization which engages in the direct or indirect promotion of the
principle or doctrine of one world government or one world citizenship;
(2) for the promotion, direct, or indirect, of the principle or doctrine
of one world government or one world citizenship.
Sec. 104. It is the sense of the Congress that any new Panama Canal
treaty or agreement 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.
This title may be cited as the " Department of State appropriation
Act, 1976".
For expenses necessary for the administration of the Department of
Justice, including hire of passenger motor vehicles; not to exceed
$2,500 for official reception and representation expenses; and
miscellaneous and emergency expenses authorized or approved by the
Attorney General or the Assitant Attorney General for Administration;
$21,048,000, of which $2,044,000 is for the Watergate Special
Prosecution Force.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976; not to exceed $625 for official reception and
representation expenses; $5,223,000.
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including miscellaneous and
emergency expenses authorized or approved by the Attorney General or the
Assistant Attorney General for Administration; not to exceed $30,000
for expenses of collecting evidence, to be expended under the direction
of the Attorney General and accounted for solely on his certificate;
and advances of public moneys pursuant to law (31 U.S.C. 529);
$60,220,000: Provided, That not to exceed $125,000 may be transferred
to this appropriation from the " Alien Property Fund, World War II", for
the general administrative expenses of alien property activities,
including rent of private or Government-owned space in the District of
Columbia.
For " Salaries and expenses, general legal activities" for the period
July 1, 1976, through September 30, 1976, $14,900,000: Provided, That
not to exceed $31,000 may be transferred to this appropriation from the
" Alien Property Fund, World War II" for this period.
For expenses necessary for the enforcement of antitrust, consumer
protection and kindred laws, $21,595,000: Provided, That none of this
appropriation shall be expended for the establishment and maintenance of
permanent regional offices of the Antitrust Division.
For " Salaries and expenses, Antitrust Division" for the period July
1, 1976, through September 30, 1976, $5,600,000.
For necessary expenses of the offices of the United States attorneys
and marshals, including purchase of firearms and ammunition,
$142,300,000.
For " Salaries and expenses, United States attorneys and marshals"
for the period July 1, 1976, through September 30, 1976, $36,100,000.
For expenses, mileage, and per diems of witnesses and for per diems
in lieu of subsistence, as authorized by law, for payment of
compensation and expenses of Commissioners appointed in condemnation
cases under Rule 71 A(h) of the Federal Rules of Civil Procedure, //28
USC app.// and not to exceed $1,750,000 for such compensation and
expenses of expert witnesses pursuant to section 524 of title 28, United
States Code, and sections 4244 - 48 of title 18, United States Code,
including advances; $16,480,000: Provided, That no part of the sum
herein appropriated shall be used to pay any witness more than one
attendance fee for any one calendar day: Provided further, That no part
of the sum herein appropriated shall be used for the payment of the
compensation of land commissioners at a daily rate in excess of the
equivalent daily rate of compensation paid a grade 18 on the General
Schedule. //5 USC 5332 note.//
For " Fees and expenses of witnesses" for the period July 1, 1976,
through September 30, 1976, and not to exceed $437,500 for such
compensation and expenses of expert witnesses pursuant to section 524 of
title 28, United States Code, and sections 4244 - 48 of title 18, United
States Code, including advances, $4,000,000.
For necessary expenses of the Community Relations Service established
by title X of the Civil Rights Act of 1964 (42 U.S.C. 2000g-2000g-2),
$3,940,000.
For " Salaries and expenses, Community Relations Service" for the
period July 1, 1976, through September 30, 1976, $985,000.
For expenses necessary for the detection and prosecution of crimes
against the United States; protection of the person of the President of
the United States; acquisition, collection, classification and
preservation of identification and other records and their exchange
with, and for the official use of, the duly authorized officials of the
Federal Government, of States, cities, and other institutions, such
exchange to be subject to cancellation if dissemination is made outside
the receiving departments or related agencies; and such other
investigations regarding official matters under the control of the
Department of Justice and the Department of State as may be directed by
the Attorney General, including purchase for police-type use without
regard to the general purchase price limitation for the current fiscal
year (not to exceed one thousend three hundred and sixty-five, of which
one thousand one hundred and twenty-two shall be for replacement only)
and hire of passenger motor vehicles; purchase, lease, hire,
maintenance, operation and storage of aircraft; firearms and
ammunition; not to exceed $10,000 for taxicab hire to be used
exclusively for the purposes set forth in this paragraph; payment of
rewards; benefits in accordance with those provided under 22 U.S.C.
1136 (9)-(11), under regulations prescribed by the Secretary of State;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of the
Attorney General, and to be accounted for solely on his certificate;
$468,700,000.
None of the funds appropriated for the Federal Bureau of
Investigation sahll be used to pay the compensation of any civil-service
employee.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $124,000,000.
For expenses, not otherwise provided for, necessary for the
administration and enforcement of the laws relating to immigration,
naturalization, and alien registration, including advance of cash to
aliens for meals and lodging while en route; payment of allowances (at
a rate not in excess of $1 per day) to aliens, while held in custody
under the immigration laws, for work performed; payment of rewards;
not to exceed $50,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of the Attorney General
and accounted for solely on his certificate; purchase for police-type
use without regard to the general purchase price limitation for the
current fiscal year (not to exceed four hundred and thirty-eight, of
which three hundred and forty-four shall be for replacement only) and
hire of passenger motor vehicles; purchase (not to exceed five, for
replacement only), lease, maintenance and operation of aircraft;
fire-arms and ammunition, attendance at firearms matches; refunds of
head tax, maintenance bills, immigration fines, and other items properly
returnable, except deposits of aliens who become public charges and
deposits to secure payment of fines and passage money; operation,
maintenance, remodeling, and repair of buildings and the purchase of
equipment incident thereto; acquisition of land as sites for
enforcement fence and construction incident to such fence;
reimbursement of the General Services Administration for security guard
services for protection of confidential files; research related to
immigration enforcement; $208,000,000, of which not to exceed $400,000
shal remain available for such research until expended: Provided, That
of the amount herein appropriated, not to exceed $50,000 may be used for
the emergency replacement of aircraft upon certificate of the Attorney
General. For " Salaries and expenses" for the period July 1, 1976,
through September 30, 1976, $52,700,000.
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
supervision of United States prisoners in non-Federal institutions;
purchase of (not to exceed twenty-seven of which twenty-two are for
replacement only), and hire of passenger motor vehicles; compilation of
statistics relating to prisoners in Federal penal and correctional
institutions; assistance to State and local governments to improve
their correctional system; firearms and ammunition; medals and other
awards; payment of rewards; purchase and exchange of farm products and
livestock; construction of buildings at prison camps; and acquisition
of land as authorized by section 4010 of title 18, United States Code
//42 USC 250a.// ; $186,200,000: Provided, That there may be
transferred to the Health Services Administration such amounts as may be
necessary, in the discretion of the Attorney General, for direct
expenditures by that Administration for medical relief for inmates of
Federal penal and correctional institutions.
For " Salaries and expenses, Bureau of Prisons" for the period July
1, 1976, through September 30, 1976, $48,000,000.
For planning, acquisiton of sites and construction of new facilities
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$12,560,000, to remain available until expended: Provided, That labor
of United States prisoners may be used for work performed under this
appropriation.
For " Buildings and facilities" for the period July 1, 1976, through
September 30, 1976, $4,395,000.
For support of United States prisoners in non-Federal institutions,
including necessary cothing and medical aid, payment of rewards, and
reimbursement to St. Elizabeths Hospital for the care and treatment of
United States prisoners, at per diem rates as authorized by law (24 U.
S.C. 168a), $31,875,000.
For " Support of United States prisoners" for the period July 1,
1976, through September 30, 1976, $8,466,000.
The Federal Prison Industries, Incorporated is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, 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, including
purchase of not to exceed five (for replacement only) and hire of
passenger motor vehicles, except as hereinafter provided:
Not to exceed $1,906,000 of the funds of the corporation shall be
available for its administrative expenses, and not to exceed $5,120,000
for the expenses of vocational training of prisoners, both amounts to be
available for services as authorized by 5 U.S.C. 3109, and to be
computed on an accrual basis and to be determined in accordance with the
corporation's prescribed accounting system in effect on July 1, 1946,
and shall be exclusive of depreciation, payment of claims, expenditures
which the said accounting system requires to be capitalized or charged
to cost of commodities acquired or produced, including selling and
shipping expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement, protection, or
dispostion of facilities and other property belonging to the corporation
or in which it has an interest.
For the period July 1, 1976, through September 30, 1976, not to
exceed $524,000 of the funds of the corporation shall be available for
its administrative expenses, and not to exceed $1,331,000 shall be
available for the expenses of vocational training of prisoners, both
amounts to be available on the same basis as such funds were made
available in fiscal year 1976.
For grants, contracts, loans, and other assistance authorized by
title I of the Omnibus Crime Control and Safe Streets Act of 1968, //42
USC 3701.// as amended, and title II of the Juvenile Justice and
Delinquency Prevention Act of 1974, //42 USC 5611.// including
departmental salaries and other expenses in connection therewith,
$809,638,000, to remain available until expended.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $204,960,000, to remain available until expended.
For necessary expenses of the Drug Enforcement Administration,
including hire of passenger motor vehicles; payment in advance for
special tests and studies by contract; not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be expended under
the direction of the Attorney General, and to be accounted for solely on
his certificate; purchase of not to exceed four hundred fifty-three
passenger motor vehicles (of which four hundred forty-two are for
replacement only) for police-type use without regard to the general
purchase price limitation for the current fiscal year; payment of
rewards; payment for publication of technical and informational
material in professional and trade journals; purchase of chemicals,
apparatus, and scientific equipment; payment for necessary
accommodations in the District of Columbia for conferences and training
activities; acquisition (purchase of one), lease, maintenance, and
operation of aircraft; employment of aliens by contract for services
abroad; research related to enforcement and drug control; benefits in
accordance with those provided under 22 U.S.C. 1136(9)-(11), under
regulations prescribed by the Secretary of State; $149,859,000, of
which not to exceed $4,500,000 for research shall remain available until
expended.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $41,758,000.
Sec. 202. None of the funds appropriated by this title may be used to
pay the compensation of any person hereafter employed as an attorney
(except foreign coundsel employed in special cases) unless such person
shall be duly licensed and authorized to practice as an attorney under
the laws of a State, territory, or the District of Columbia.
Sec. 203. Appropriations and authorizations made in this title which
are available for expenses of attendance at meetings shall be expended
for such purposes in accordance with regulations prescribed by the
Attorney General.
Sec. 204. Appropriations and authorizations made in this title for
salaries and expenses shall be available for services as authorized by 5
U.S.C. 3109.
Sec 205. Appropriations for " Salaries and expenses, general
administration", " Salaries and expenses, United States attorneys and
marshals", " Salaries and expenses, Federal Bureau of Investigation", "
Salaries and expenses, Immigration and Naturalization Service", and "
Salaries and expenses, Bureau of Prisons", shall be available for
uniforms and allowances therefor as authorized by law (5 U.S.C. 5901 -
5902).
Sec. 206. Appropriations made in this title shall be available for
the purchase of insurance for motor vehicles operated on official
Government business in foreign countries.
Sec. 207. Appropriations made available for the period July 1, 1976,
through September 30, 1976, shall be available for the purchase (for
replacement purposes only) of one-fouth of the number of motor vehicles
authorized for each appropriation in the Department of Justice
Appropriation Act, 1976.
Sec. 208. None of the amounts appropriated for the period July 1,
1976, through September 30, 1976, shall be available for the purchase of
aircraft: Provided, That of the amount herein appropriated not to
exceed $50,000 may be used for the emergency replacement of aircraft
upon the certificate of the Attorney General.
This title may be cited as the " Department of Justice Appropriation
Act, 1976".
For expenses necessary for the general administration of the
Department of Commerce, including not to exceed $1,500 for official
entertainment, $12,580,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $375 for official
entertainment, $3,145,000.
For expenses necessary to carry out the demolition of the New York
World's Fair Building, $530,000, to remain available until expended.
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, and
modernization or development of automatic data processing equipment,
$52,090,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $13,540,000.
For expenses necessary to prepare for taking, compiling, and
publishing the censuses of business, transportation, manufactures, and
mineral industries; the census of governments; the census of
agriculture; the census of population and housing; and periodic
surveys, as provided for by law, $27,000,000, to remain available until
expended.
For " Periodic censuses and programs" for the period July 1, 1976,
through September 30, 1976, $8,200,000, to remain available until
expended.
For economic development assistance as authorized by titles I, II,
III, IV, and IX of the Public Works and Economic Development Act of
1965, //42 USC 3131, 3141, 3151, 3161, 3241.// as amended, and title II
of the Trade Act of 1974, //19 USC 2251.// $360,000,000.
For " Economic development assistance programs" for the period July
1, 1976, through September 30, 1976, $89,625,000.
For necessary expenses of administering the economic development
assistance programs, not otherwise provided for, $25,378,000, of which
not to exceed $300,000 may be advanced to the Small Business
Administration for processing of loan applications.
For " Administration of economic development assistance programs" for
the period July 1, 1976, through September 30, 1976, $6,375,000, of
which not to exceed $75,000 may be advanced to the Small Business
Administration for processing of loan applications.
For expenses necessary to carry out the programs authorized by title
V of the Public Works and Economic Development Act of 1965, //42 USC
3181.// as amended, $63,068,000, to remain available until expended.
For " Regional development programs" for the period July 1, 1976,
through September 30, 1976, $15,760,000, to remain available until
expended.
For necessary expenses of domestic business activities of the
Department of Commerce; necessary expenses for international business
activities, including trade promotional activities abroad without regard
to the provisions of law set forth in 41 U.S.C 5 and 13, and 44 U.S.C.
501, 3702, and 3703; full medical coverage for dependent members of
immediate families of employees stationed overseas; purchase of
commercial and trade reports; employment of aliens by contract for
services abroad; rental of space abroad, for periods not exceeding five
years, and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; advance of funds under contracts abroad; payment of tort
claims, in the manner authorized in the first paragraph of 28 U.S. C.
2672 when such claims arise in foreign countries; and not to exceed
$4,200 for official representation expenses abroad; necessary expenses
to carry out the provisions of the Defense Production Act of 1950, as
amended; and necessary expenses for carrying out the Export
Administration Act of 1969, //50 USC app. 2061 note.// as amended and
extended by the Equal Export Opportunity Act, //50 USC app. 2401 note.//
inclucing awards of compensation to informers under said Act and as
authorized by 22 U.S.C. 401(b); $61,205,000, to remain available until
expended, of which not to exceed $600,000 may be advanced to the United
States Customs Service, Treasury Department, for enforcement of the
export administration program: Provided, That the provisions of the
first sentence of section 105 (f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455 (f)
and 2458(c)) shall apply in carrying out the activities concerned with
international business activities.
For " Operations and administration" for the period July 1, 1976,
through September 30, 1976, including $1,050 for representation expenses
abroad, $15,250,000, to remain available until expended.
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, $49,850,000, of
which $38,470,000 shall remain available until expended: Provided, That
not to exceed $11,380,000 shall be available for program development and
management.
For " Minority business development" for the period July 1, 1976,
through September 30, 1976, $12,463,000, of which $9,618,000 shall
remain available until expended: Provided, That not to exceed
$2,845,000 shall be available for program development and management.
For necessary expenses to carry out the provisions of the
International Travel Act of 1961 //22 USC 2121 note.// , as amended,
including employment of aliens by contract for service abroad; rental
of space abroad, for periods not exceeding five years, and expenses of
alteration, repair, or improvement; advance of funds under contracts
abroad; payment of tort claims, in the manner authorized in the first
paragraph of section 2672 of title 28 of the United States Code, when
such claims arise in foreign countries; and not to exceed $3,500 for
representation expenses abroad; and for necessary expenses to carry out
the provisions of the Act of July 19, 1940, //16 USC 18 - 18d.// as
amended, $12,815,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $875 for representation
expenses abroad, $3,204,000.
For expenses necessary for the National Oceanic and Atmospheric
Administration, including research and development; testing and
evaluation of new operational systems and equipment; including
maintenance, operaton, and hire of aircraft; acquisition and
installation of research instrumentation; expenses of an authorized
strength of 388 commissioned officers on the active list; pay of
commissioned officers retired in accordance with law and payments under
the Retired Serviceman's Family Protection and the Survivors Benefit
plans // 10 USC 1431.// observation of environmental conditions from
space satellites, and reporting and processing of the data obtained for
use in enviromental forcasting; and construction of facilities,
including initial equipment; alteration, modernization, and relocation
of facilities; and acquisition of land for facilities; and for
carrying out the provisions of the Fur Seal Act of 1966 //16 USC 1151
note.// ; $495,162,000, to remain available until expended, of which so
much as may become available during the current fiscal year shall be
derived from the Pribilof Islands Fund: Provided, That this
appropriation shall be available for payment to the National Aeronautics
and Space Administration for procurement, in accordance with the
authority available to that Administration, of such equipment or
facilities as may be necessary, for the purposes of this appropriation:
Provided further, That all obligated, unliquidated balances of the
Administration of Pribilof Islands account shall be merged with this
appropriation.
For " Operations, research, and facilities" for the period July 1,
1976, through September 30, 1976, $136,000,000, to remain available
until expended.
For carrying out the provisions of Public Law 92 - 583, approved
October 27, 1972, $18,000,000, to remain available until expended. //16
USC 1451 note.//
For " Coastal zone management" for the period July 1, 1976, through
September 30, 1976, $4,500,000, to remain available until expended.
For payment to the Fishermen's Guaranty Fund, established pursuant to
the Act of August 12, 1968 //22 USC 1971 note.// (82 Stat. 729),
$61,000, to remain available until expended.
For " Fishermen's guaranty fund" for the period July 1, 1976, through
September 30, 1976, $15,000, to remain available until expended.
For expenses necessary for the National Oceanic and Atmospheric
Administration for planning the construction of facilities, $1,000,000,
to remain available until expended.
For expenses necessary to carry out provisions of the Federal Fire
Prevention and Control Act of 1974, //15 USC 2201 note.// $8,618,000, to
remain available until expended: Provided, That no part of the
appropriation shall be available for the Federal Fire Council subsequent
to enactment of this legislation.
For " Operations, research, and administration" for the period July
1, 1976, through September 30, 1976, $2,225,000, to remain available
until expended.
For necessary expenses of the Patent and Trademark Office, including
defense of suits instituted against the Commissioner of Patents and
Trademarks, $83,300,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $20,840,000.
For necessary expenses of the National Bureau of Standards, including
the acquisition of buildings, grounds, and other facilities; the
National Technical Information Service; and telecommunications research
and development activities of the Department of Commerce; $63,004,000,
to remain available until expended, of which not to exceed $2,085,000
may be transferred to the " Working Capital Fund", National Bureau of
Standards, for additional capital.
For " Scientific and technical research and services" for the period
July 1, 1976, through September 30, 1976, $16,128,000, to remain
available until expended, of which not to exceed $475,000 may be
transferred to the " Working Capital Fund", National Bureau of
Standards, for additional capital.
For construction-differential subsidy and cost of national-defense
features incident to construction of ships for operation in foreign
commerce (46 U.S.C. 1152, 1154); for construction-differential subsidy
and cost of national-defense features incident to the reconstruction and
reconditioning of ships under title V of the Merchant Marine Act, 1936,
as amended (46 U.S.C. 1154); and for acquisition of used ships pursuant
to section 510 of the Merchant Marine Act, 1936, as amended (46 U.S.C.
1160); $195,000,000, to remain available until expended.
For " Ship construction" for the period July 1, 1976, through
September 30, 1976, $18,000,000, to remain available until expended.
For the payment of obligations incurred for operating-differential
subsidies granted on or after January 1, 1947, as authorized by the
Merchant Marine Act, 1936, //46 USC 1245.// as amended, and in
appropriations heretofore made to the United States Maritime Commission,
$315,936,000, to remain available until expended.
For " Operating-differential subsidies (liquidation of contract
authority)" for the period July 1, 1976, through September 30, 1976,
$70,582,000, to remain available until expended.
For expenses necessary for research, development, fabrication, and
test operation of experimental facilities and equipment; collection and
dissemination of maritime technical and engineering information;
studies to improve water transportation systems; $12,000,000, to remain
available until expended.
For "research and development" for the period July 1, 1976, through
September 30, 1976, $4,000,000, to remain available until expended.
For expenses necessary for carrying out the Merchant Marine Act,
1936, as amended, and the training of cadets as officers of the Merchant
Marine, including not to exceed $1,125 for entertainment of officials of
other countries when specifically authorized by the Maritime
Administrator; not to exceed $1,250 for representation allowances; not
to exceed $2,500 for contingencies for the Superintendent, United States
Merchant Marine Academy to be expended in his discretion; purchase of
not to exceed one passenger motor vehicle for replacement only; and
uniform and textbook allowances for cadet midshipmen at the United
States Merchant Marine Academy at an average yearly cost of not to
exceed $575 per cadet; $45,000,000, to remain available until expended;
Provided, That reimbursement may be made to this appropriation for
expenses in support of activities for National Maritime Research Centers
financed from the appropriation for " Research and development":
Provided further, That reimbursements may be made to this appropriation
from receipts to the " Federal ship financing fund" for administrative
expenses in support of that program.
For " Operations and training" for the period July 1, 1976, through
September 30, 1976, including not to exceed $300 for entertainment of
officials of other countries when specificially authorized by the
Marintime Administrator; not to exceed $300 for representation
allowances; and not to exceed $625 for contigencies for the
Superintendent, United States Merchant Marine Academy to be expended in
his discretion; $11,280,000, to remain available until expended.
No additional vessel shall be allocated under charter, nor shall any
vessel be continued under charter by reason of any extension of
chartering authority beyond June 30, 1949, //50 USC app. 1738b.// unless
the charterer shall agree that the Marintime Administration shall have
no obligation upon redelivery to accept or pay for consumable stores,
bunkers, and slopchest items, except with respect to such minimum
amounts of bunkers as the Maritime Administration considers advisable to
be retained on the vessel and that prior to such redelivery all
consumable stores, slopchest items, and bunkers over and above such
minimums shall be removed from the vessel by the charterer at his own
expense.
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration and payments received by the Maritime Administration for
utilities, services, and repairs so furnished or made shall be credited
to the appropriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occupancy on account
of items other than such utilities, services, or repairs shall be
covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year and
the period July 1, 1976, through September 30, 1976, from the
construction fund extablished by the Merchant Marine Act, 1936, //46 USC
1116.// or otherwise, in excess of the appropriations and limitations
contained in this Act, or in any prior appropriation Act, and all
receipts which otherwise would be deposited to the credit of said fund
shall be covered into the Treasury as miscellaneous receipts.
Sec. 302. During the current fiscal year and the period July 1, 1976,
through September 30, 1976, applicable appropriations and funds
available to the Department of Commerce shall be available for the
activities specified in the Act of October 26, 1949 (15 U.S.C 1514), to
the extent and in the manner prescribed by said Act.
Sec. 303. During the current fiscal year and the period July 1, 1976,
through September 30, 1976, appropriations to the Department of Commerce
which are available for salaries and expenses shall be available for
hire of passenger motor vehicles; services as authorized by 5 U.S.C.
3109; and uniforms, or allowances therefor, as authorized by law (5
U.S.C. 5901 - 5902).
Sec. 304. No part of any appropriation contained in this title shall
be used for construction of any ship in any foreign country.
This title may be cited as the " Department of Commerce Appropriation
Act, 1976".
For the Chief Justic and eight Associate Justices, and all other
officers and employees, whose compensation shall be fixed by the Court,
except as otherwise provede by law, and who may be employed and assigned
by the Chief Justice to any office or work of the Court, $5,056,000.
For " Salaries" for the period July 1, 1976, through September 30,
1976, $1,314,000.
For printing and binding the advance opinions, preliminary prints,
and bound reports of the Court, $706,000.
For miscellaneous expenses, to be expended as the Chief Justice must
approve, $737,000.
For " Miscellaneous expenses" for the period July 1, 1976, through
September 30, 1976, $178,000.
For purchase, exchange, lease, driving, maintenance, and operation of
an automobile for the Chief Justice of the United States, $19,000.
For " Automobile for the Chief Justice" for the period July 1, 1976,
through September 30, 1976, $4,700.
For books and periodicals for the Supreme Court to be purchased by
the Librarian of the Supreme Court, under the direction of the Cheif
Justice, $63,000.
For " Books for the Supreme Court" for the period July 1, 1976,
through September 30, 1976, $15,800.
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon him by the Act approved
May 7, 1934 (40 U.S.C. 13a-13b), including improvements, maintenance,
repairs, equipment, supplies, materials, and appurtenances; special
clothing for workmen; and personal and other services (including
temporary labor without reference to the Classification and Retirement
Acts, as amended), //5 USC 5101 et seq., 8331 et seq.// and for snow
removal by hire of men and equipment or under contract without
compliance with section 3709 of the Revised Statutes, as amended (41
U.S.C. 5); $1,429,000, of which $800,000 shall remain available until
expended.
For " Care of the building and grounds" for the period July 1, 1976,
through September 30, 1976, $195,500.
For salaries of the chief judge, four associate judges, and all other
officers and employees of the court, and necessary expenses of the
court, including exchange of books, and traveling expenses, as may be
approved by the chief judge, $853,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $213,000.
For salaries of the chief judge and eight judges; salaries of the
officers and employees of the court; services as authorized by 5 U.S.
C. 3109; and necessary expenses of the court, including exchange of
books and traveling expenses, as may be approved by the court;
$2,587,000: Provided, That traveling expenses of judges of the Customs
Court shall be paid upon written certificate of the judge.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $645,000.
For salaries of the chief judge, six associate judges, and all other
officers and employees of the court, and for other necessary expenses,
including stenographic and other fees and charges necessary in the
taking of testimony, and travel, $2,429,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $597,000.
For salaries of circuit judges; district judges (including judges of
the district courts of the Virgin Islands, the Panama Canal Zone, and
Guam); justices and judges retired or resigned under title 28, United
States Code, sections 371, 372, and 373; and annuities of widows of
Justices of the Supreme Court of the United States in accordance with
title 28, United States Code, section 375; $28,750,000.
For " Salaries of judges" for the period July 1, 1976, through
September 30, 1976, $7,230,000.
For salaries of all officials and employees of the Federal Judiciary,
not otherwise specifically provided for, $117,075,000: //28 USC 604
note.// Provided, That the salaries of secretaries to circuit and
district judges shall not exceed the compensation established in chapter
51 of title 5, United States Code, for General Schedule grade (GS) 5, 6,
7, 8, 9, or 10, and that the salaries of law clerks to circuit and
district judges shall not exceed the compensation established in chapter
51 of title 5, United States Code, for General Schedule grade (GS) 7, 8,
9, 10, 11, or 12, // 5 USC 5101, 5332 note.// : Provided further, //28
USC 604 note.// That (exclusive of step increases corresponding with
those provided for by chapter 53 of title 5 of the United States Code,
// 5 USC 5301.// and of compensation paid for temporary assistance
needed because of an emergency) the aggregate salaries paid to
secretaries and law clerks appointed by each of the circuit and district
judges shall not exceed $60,902 and $36,921 per annum, respectively,
except in the case of the chief judge of each circuit and the chief
judge of each district court having five or more district judges, in
which case the aggregate salaries shall not exceed $75,019 and $47,441
per annum, respectively; Provided further, That the chief judge of each
circuit may appoint a senior law clerk to the court at not more than
$30,000 per annum, without regard to the limitations referred to above,
said salary to be paid from this appropriation and be set by the
Judicial Council of the Circuit, which Council shall also prescribe the
duties and qualification of the position.
For " Salaries of supporting personnel" for the period July 1, 1976,
through September 30, 1976, $29,700,000.
For the operation of Federal Public Defender and Community Defender
organizations, and the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964 (18 U.S.C. 3006 A, as amended by Public Law 91 - 447, October
14, 1970), $16,590,000.
For " Representation by court-appointed counsel and operation of
defender organizations" for the period July 1, 1976, through September
30, 1976, $4,148,000.
For fees, expenses, and costs of jurors; and compensation of jury
commissioners; $18,000,000.
For " Fees of jurors" for the period July 1, 1976, through September
30, 1976, $4,500,000.
For necessary travel and miscellaneous expenses, not otherwise
provided for, incurred by the Judiciary, including the purchase of
firearms and ammunition, $20,040,000.
For " Travel and miscellaneous expenses" for the period July 1, 1976,
through September 30, 1976, $4,883,000.
For compensation and expenses of United States Magistrates, including
secretarial and clerical assistance, as authorized by 28 U.S. C. 634 -
635, $10,510,000.
For " Salaries and expenses of United States magistrates" for the
period July 1, 1976, through September 30, 1976, $2,594,000.
For salaries and expenses of referees as authorized by the Act of
June 28, 1946, as amended (11 U.S.C. 68, 102), not to exceed
$24,096,000, to be derived from the Referees' salary and expense fund
established in pursuance of said Act, and, to the extent of any
deficiency in said fund, from any monies in the Treasury not otherwise
appropriated: Provided, That $600,000 shall be transferred to the
appropriation for " Administrative Office of the United States Courts"
for general administrative expense of the bankruptcy system.
For " Salaries and expenses of referees" for the period July 1, 1976,
through September 30, 1976, $6,008,000: Provided, That $150,000 shall
be transferred to the appropriation for " Administrative Office of the
United States Courts" for general administrative expense of the
bankruptcy system.
For necessary expenses of the Administrative Office of the United
States Courts, including travel, advertising, and rent in the District
of Columbia and elsewhere, $7,233,000: Provided, That not to exceed
$120,000 of the appropriations contained in this title shall be
available for the study of rules of practice and procedure.
For " Administrative Office of the United States Courts" for the
period July 1, 1976, through September 30, 1976, $1,823,000.
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90 - 219, //28 USC 620.// $6,565,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,721,000.
For the rental of space, tenant alterations, and related services for
the United States Courts of Appeals and District Courts, the court of
Cutoms and Patent Appeals, the Customs Court, the Court of Claims, the
Administrative Office of the United States Courts and the Federal
Judicial Center, pursuant to the Public Buildings Amendments of 1972,
//40 USC 603 note.// Public Law 92 - 313, June 16, 1972 (86 Stat. 216),
$64,000,000, to be available for transfer to the General Service
Administration which shall be responsible for administering the program
in compliance with standards or guidelines prescribed by the Director of
the Administrative Office of the United States Courts under the
supervision and direction of the Judicial Conference of the United
States.
For " Space and facilities" for the period July 1, 1976, through
September 30, 1976, $16,000,000.
For necessary expenses, not otherwise provided for, to provide
furniture and furnishings for the United States Courts, including the
Administrative Office of the United States Courts and the Federal
Judicial Center, $4,570,000, to be available for transfer to the General
Services Administration which shall be responsible for administering the
program in compliance with standards or guidelines prescribed by the
Director of the Administrative Office of the United States Courts under
the supervision and direction of the Judicial Conference of the United
States.
For " Furniture and furnishings" for the period July 1, 1976, through
September 30, 1976, $425,000.
For expenses to be incurred by the Judiciary in the observance of the
American Revolution Bicentennial, $2,000,000, which sum shall be
available for allocation by the Administrative Office of the United
States Courts to the respective United States courts of appeals and
district courts and for programs or projects conducted on a national
level, to remain available until expended.
Sec. 402. The reports of the United States Court of Appeals for the
District of Columbia shall not be sold for a price exceeding that
approved by the court and for not more than $9.00 per volume. //d.c.
code 11 - 301 note.//
This title may be cited as the " Judiciary Appropriation Act, 1976".
For necessary expenses, not otherwise provided for, for arms control
and disarmament activities authorized by the Act of September 26, 1961,
as amended (22 U.S.C. 2551 et seq.), $10,500,000.
For " Arms control and disarmament activities" for the period July 1,
1976, through September 30, 1976, $2,700,000.
For expenses of the Board for International Broadcasting, including
grants to Radio Free Europe and Radio Liberty, $64,500,000.
For " Grants and expenses" for the period July 1, 1976, through
September 30, 1976, $17,968,000.
Rights, including hire of passenger motor vehicles, $7,700,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,925,000.
For necessary expenses of the Equal Employment Opportunity Commission
established by title VII of the Civil Rights Act of 1964, //42 USC
2000e.// as amended, including services as authorized by 5 U. S.C.
3109; hire of passenger motor vehicles; and not to exceed $6,000,000
for payments to State and local agencies for services to the Commission
prusuant to title VII of the Civil Rights Act, as amended; $63,040,000.
For " Salaries and Expenses" for the period July 1, 1976, through
September 30, 1976, $18,290,000.
For necessary expenses for the Federal Communications commission, as
authorized by law, including uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901 - 5902); not to exceed $353,000 for
land and structures; not to exceed $65,000 for improvement and care of
grounds and repair to buildings; not to exceed $1,500 for official
reception and representation expenses; pruchase (not to exceed eight)
and hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109; $49,500,000: Provided, That not to exceed
$500,000 of the foregoing amount shall remain available until September
30, 1977, for research and policy studies.
For "salaries and Expenses", including the hire of motor vehicles,
and not to exceed $375 for official reception and representation
expenses, for the period July 1, 1976, through September 30, 1976;
$12,325,000.
For necessary expenses of the Federal Maritime Commission, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and uniforms or allowances therefor, as authorized by 5 U.S.
C. 5901 - 5902; $7,840,000: Provided, That not to exceed $1,500 shall
be available for official reception and representation expenses.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,960,000: Provided, That not to exceed $375 shall
be available for official reception and representation expenses.
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $1,500 for official reception and
representation expenses; $45,927,000.
No part of these funds may be used to pay the salary of any employee,
including commissioners, of the Federal Trade Commission who--,
(1) makes any publication based on the line-of-business data
furnished by individual firms without taking reasonable
precautions to prevent disclosure of the line-of-business data
furnished by any particular firm; or
(2) permits anyone other than sworn officers and employees of
the Federal Trade Commission to examine the line-of-business
reports from individual firms; or
(3) uses the information provided in the line-of-business
program for any purpose other than statistical purposes. Such
information for carrying out specific law enforcement
responsbilities of the Federal Trade Commission shall be obtained
under existing practices and procedures or as changed by law.
For " Salaries and expenses", including $375 for official reception
and representation expenses, for the period July 1, 1976, through
September 30, 1976, $12,000,000.
For expenses necessary to carry on the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5 U.
S.C. 3109; allowances and benefits similar to those provided by title
IX of the Foreign Service Act of 1946, //22 USC 1131.// as amended, as
determined by the Commission; expenses of packing, shipping, and
storing personal effects of personnel assigned abroad; rental or lease,
for such periods as may be necessary, of office space and living
quarters for personnel assigned abroad; maintenance, improvement, and
repair of properties rented or leased abroad, and furnishing fuel,
water, and utilities of such properties; insurance on official motor
vehicles abroad; advances of funds abroad; advances or reimbursements
to other Government agencies for use of their facilities and services in
carrying out the functions of the Commission; hire of motor vehicles
for field use only; and employment of aliens; $1,400,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $375,000.
For necessary expenses of the International Trade Commission, not to
exceed $200,000 for expenses of travel, hire of passenger motor
vehicles, and services as authorized by 5 U.S.C. 3109, $10,400,000:
Provided, That no part of this appropriation shall be used to pay the
salary of any member of the International Trade Commission who shall
hereafter participate in any proceedings under sections 336, 337, and
338 of the Tariff Act of 1930, //19 USC 1336, 1337, 1338.// wherein he
or any member of his family has any special, direct, and pecuniary
interest, or in which he has acted as attorney or special
representative: Provided further, That no part of the foregoing
appropriation shall be used for making any special study, investigation,
or report at the request of any other agency of the executive branch of
the Government unless reimbusement is made for the cost thereof.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $50,000 for expenses of
travel; hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109; $2,675,000.
To enable the Community Services Administration to make payment to
the Legal Service Corporation to carry out the purposes of the Legal
Services Corporation Act of 1974 //42 USC 2996 note.// (P.L. 93 - 355),
$88,000,000, of which such sums as may be necessary shall be available
to the Community Services Administration to pay obligations incurred in
carrying out Section 3 of said Act.
For " Legal Services Corporation" for the period July 1, 1976,
through September 30, 1976, $24,630,000.
For necessary expenses of the Marine Mammal Commission to carry out
the provisions of title II of the Act of October 21, 1972 //16 USC 1401
et seq.// (Public Law 92 - 522), establishing the Marine Mammal
Commission, $900,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $225,000.
For necessary expenses of the National Commission for the Review of
Federal and State Laws Relating to Wiretapping and Electronic
Surveillance, establihsed by the Omnibus Crime Control and Safe Streets
Act of 1968 //42 USC 3701 note.// (84 Stat. 224), $400,000, to remain
available until expended.
For expenses necessary for the Office of the Special Representative
for Trade Negotiations, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, $1,980,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $495,000.
For necessary expenses of the Privacy Protection Study Commission
pursuant to the provisions of the Privacy Act //5 USC 552a note.//
(Public Law 93 - 579), $150,000.
For necessary expenses of the Renegotiation Board, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C. 3109,
$5,400,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,335,000.
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C 3109, and not to exceed
$2,000 for official reception and representation expenses, $47,885,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $500 for official reception
and representation expenses, $12,675,000.
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger vehicles, not to
exceed $1,500 for official reception and representation expenses,
$28,350,000, and in addition there may be transferred to this
appropriation not to exceed a total of $89,500,000 from the " Disaster
loan fund", the " Business loan and investment fund", the "lease
guarantees revolving fund" and the " Surety bond guarantees revolving
fund", in such amounts as may be necessary for administrative expenses
in connection with activities respectively financed under said funds:
Provided, That 10 per centum of the amount authorized to be transferred
from these revolving funds shall be apportioned for use, pursuant to
section 3679 of the Revised Statutes, //31 USC 665.// as amended, only
in such amounts and at such times as may be necessary to carry out the
business and disaster loan, and lease guarantee and surety bond
guarantee programs.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $375 for official reception
and representation expenses, $28,735,000, of which $21,900,000 shall be
derived by transfer from the " Business loan and investment fund" the "
Disaster loan fund", the " Lease guarantees revolving fund", and the "
Surety bond guarantees revolving fund".
The Small Business Administration is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to the following funds, and in accord with the law, and to
make such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act, //31 USC 849.// as amended, as may be necessary in carrying
out the programs set forth in the budget for the current fiscal year and
the period July 1, 1976, through September 30, 1976, for the " Disaster
loan fund", the " Business loan and investment fund", the " Lease
guarantees revolving fund" and the " Surety bond guarantees revolving
fund".
For additional capital for the " Business loan and investment fund",
authorized by the Small Business Act, //15 USC 631 note.// as amended,
$278,750,000, to remain available without fiscal year limitation, of
which $109,500,000 is for the direct business loan program authorized by
section 7(a) of said Act //15 USC 636.// and $10,000,000 is for the
direct loan program authorized by section 7(h) of said Act.
For additional capital for the " Disaster loan fund", authorized by
the Small Business Act, //15 USC 633.// as amended, amended,
$100,000,000 to remain available without fiscal year limitation, for the
non-physical disaster loan program.
For additional capital for the "surety Bond Guarantees Revolving
Fund", authorized by the Small Business Investment Act, //15 USC 694c.//
as amended, $10,000,000 to remain available without fiscal year
limitation.
For " Surety bond guarantees revolving fund" for the period July 1,
1976, through September 30, 1976, $2,500,000, to remain available
without fiscal year limitation.
For expenses necessary to enable the United States Information
Agency, as authorized by Reorganization Plan No. 8 of 1953, //22 USC
1461 note.// the Mutual Educational and Cultural Exchange Act (22 U.S.
C. 2451 et seq.), and the United States Information and Educational
Exchange Act, as amended (22 U.S.C. 1431 et seq.) to carry out
international information activities, including employment, without
regard to the civil service and classification laws, of persons on a
temproary basis (not to exceed $20,000), and aliens within the United
States; salaries, expenses, and allowances of personnel and dependents
as authorized by the Foreign Service Act of 1946, as amended (22 U.S.C.
801 - 1158); entertainment within the United States not to exceed
$1,500; purchase for use abroad of (not to exceed 130, of which 60 are
for replacement only), and hire of passenger motor vehicles; services
as authorized by 5 U.S.C. 3109; advance of funds notwithstanding
section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); dues
for library membership in organizations which issue publications to
members only, or to members at a price lower than to others; purchase
of uniforms for not to exceed thirteen guards; radio activities and
acquisition and production of motion pictures and visual materials and
purchase or rental of technical equipment and facilities therefor,
narration, scriptwriting, translation, and engineering services, by
contract or otherwise; and purchase of objects for presentation to
foreign governments, schools, or organizations; $246,200,000:
Provided, That not to exceed $200,000 may be used for representation
abroad: Proviced further, That passenger motor vehicles used abroad
exclusively for the purposes of this appropriation may be exchanged or
sold pursuant to section 201(c) of the Act of June 30, 1949 (40 U.S.C.
481(c)), and the exchange allowances or proceeds of such sales shall be
available for replacement of an equal number of such vehicles and the
cost, including the exchange allowance of each such replacement, shall
not exceed such amounts as may be otherwise provided by law (except that
right-hand drive vehicles may be purchased without regard to any maximum
price limitation otherwise established by law): /22 USC 1461b.//
Provided further, That, notwithstanding the provisions of section 3679
of the Revised Statutes, as amended (31 U.S.C. 665), the United States
Information Agency is authorized, in makeing contracts for the use of
international shortwave radio stations and facilities, to agree on
behalf of the United States to indemnify the owners and operators of
said radio stations and facilities from such funds as may be hereafter
appropriated for the purpose against loss or damage on account of injury
to persons or property arising from such use of said radio stations and
facilities.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, including not to exceed $375 for entertainment
within the United States and not to exceed $50,000 for representation
abroad, $67,500,000.
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for necessary expenses of the United States Information Agency, as
authorized by law, $10,708,000, to remain available until expended.
For " Salaries and expenses (special foreign currency program)" for
the period July 1, 1976, through September 30, 1976, $3,225,000.
For expenses necessary to carry out the functions of the United
States Information Agency under section 102(a)(3) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.),
$6,187,000, to remain available until expended: Provided, That not to
exceed a total of $6,500 may be expended for representation.
For " Special international exhibitions" for the period July 1, 1976,
through September 30, 1976, including not to exceed $1,625 for
representation, $2,004,000.
For an additional amount for the purchase, rent, construction, and
improvement of facilities for radio transmission and reception, purchase
and installation of necessary equipment for radio transmission and
reception, without regard to the provisions of the Act of June 30, 1932
(40 U.S.C. 278a), and acquisition of land and interests in land by
purchase, lease, rental, or otherwise, $10,135,000, to remain available
until expended: Provided, That this appropriation shall be available
for acquisition of land outside the continental United States without
regard to section 355 of the Revised Statutes (40 U.S.C. 255) and title
to any land so acquired shall be approved by the Director of the United
States Information Agency.
For " Acquisiton and construction of radio facilities" for the period
July 1, 1976, through September 30, 1976, $260,000.
Sec. 601. No part of any appropriation contained in this Act shall be
used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall be
used to administer any program which is funed in whole or in part from
foreign currencies or credits for which a specific dollar appropriation
therefor has not been made.
Sec. 603. 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 //88 Stat. 1771.// (P.L. 93 - 554).
Sec. 604. No part of the funds appropriated by this Act shall be used
to pay the salary of any Federal employee who is finally convicted in
any Federal, State, or local court of competent jurisdiction, of
inciting, promoting, or carrying on a riot resulting in material damage
to property or injury to persons, found to be in violation of Federal,
State, or local laws designed to protect persons or property in the
community concerned.
Sec. 605. No part of the funds appropriated under this Act shall be
used to provide a loan, guarantee of a loan, a grant, the salary of, or
any remuneration whatever to any individual applying for admission,
attending, employed by, teaching at or doing research at an institution
of higher education who has engaged in conduct on or after August 1,
1969, which involves the use of (or the assistance to others in the use
of) force or the threat of force or the seizure of property under the
control of an institution of higher education, to require or prevent the
availability of certain curriculum, or to prevent the faculty,
administrative officials or students in such institution from engaging
in their duties or pursuing their studies at such institution.
Sec 606. 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, //40 USC 490.// as amended, for
space and services.
This Act may be cited as the " Departments of State, Justice, and
Commerce, the Judiciary, and Related Agencies Appropriation Act, 1976".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 318 (Comm. on Appropriations) and Nos. 94 -
495 and 94 - 527 (Comm. of Conference).
SENATE REPORT No. 94 - 328 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 26, Sept. 24, Oct. 7, considered and passed House.
Sept. 3, 26, Oct. 8, considered and passed Senate.
Public Law 94-120, 89 Stat 609, Natural Graphite, duty suspension,
Social Security Act, amendments.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subpart B of part 1
of the Appendix to the Tariff Schedules of the United States (19 U.S.
C. 1202) is amended by adding immediately after item 907.80 the
following new item: (Table Omitted).
Sec. 2. The amendment made by the first section of this Act //19 USC
1202 note.// shall apply with respect to articles entered, or withdrawn
from warehouse, for consumption on or after the date of the enactment of
the Act.
Sec. 3. Section 7(a) of Public Law 93 - 647 //42 USC 1397 note.// is
amended by adding at the end thereof the following new paragraph:
"(3) Notwithstanding paragraph (1) of this subsection or section 3(
f), payments under title IV or section 2002(a)(1) of the Social Security
Act //42 USC 1397a note, 601, 1397a.// with respect to expenditures made
prior to February 1, 1976, in connection with the provision of child day
care services in day care centers and group day care homes, in the case
of children between the ages of six weeks and six years, may be made
without regard to the requirements relating to staffing standards which
are imposed by or under section 2002(a)(9)(A)( ii) of such Act, so long
as the staffing standards actually being applied in the provision of the
services involved (A) comply with applicable State law (as in effect at
the time the services are provided), (B) are no lower than the
corresponding staffing standards which were imposed or required by
applicable State law on September 15, 1975, and (C) are no lower, in the
case of any day care center or group day care home, than the
corresponding standards actually being applied in such center or home on
September 15, 1975.".
Sec. 4. (a) Section 2003 of the Social Security Act //42 USC 1397b.//
is amended by adding at the end thereof the following new subsection:
"(f) The provisions of section 333 of the Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970
//42 USC 4582.// shall be applicable to services provided by any State
pursuant to this title with respect to individuals suffering from drug
addiction or alcoholism.".
(b)(1) Section 2002(a)(7) of such Act //42 USC 1397a.// is amended by
adding at the end thereof the following new sentence: " With regard to
ending the dependency of individuals who are alcoholics or drug addicts,
the entire rehabilitative process for such individuals, including but
not limited to initial detoxification, short term residential treatment,
and subsequent outpatient counseling and rehabilitative services,
whether or not such a process involves more than one provider of
services, shall be the basis for determining whether standards imposed
by or under subparagraph (A) or (E) of this paragraph have been met.".
(2) Section 2002(a)(11) of such Act //42 USC 1397a.// is amended
by--,
(A) striking out "and" at the end of clause (B) thereof,
(B) striking out the period at the end of clause (C) thereof
and inserting in lieu of such period ";and", and
(C) adding after clause (C) thereof the following new clause:
"(D) any expenditure for the initial detoxification of an
alcoholic or drug dependent individual, for a period not to exceed
7 days, if such detoxification is integral to the further
provision of services for which such individual would otherwise be
eligible under this title.".
(3) Section 2002(a)(7)(A) of such Act is amended by inserting
"(except as provided in paragraph (11)(D))" immediately after "other
remedial care".
(4) Section 2002(a)(7)(E) of such Act is amended by inserting "and
paragraph (11)(D)" immediately after "paragraph (11)(C)".
(c) The amendments made by this section //42 USC 1397a note.// shall
be effective only for the period beginning October 1, 1975, and ending
January 31, 1976; and, on and after February 1, 1976, sections 2002(
a)(7), 2002(a)(11), and 2003 of the Social Security Act //42 USC
1397b.// shall read as they would if such amendments had not been made.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 296 (Comm. on Ways and Means) and No. 94 -
533 (Comm. of Conference).
SENATE REPORT No. 94 - 343 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 1251 (1975):
June 24, considered and passed House.
Oct. 2, considered and passed Senate, amended.
Oct. 9, House and Senate agreed to conference report.
Public Law 94-119, 89 Stat 608, John F. Kennedy Center, appropriation
authorization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That subsection (e) of
section 6 of the John F. Kennedy Center Act //87 Stat. 161.// is amended
by adding at the end thereof the following: " There is authorized to be
appropriated to carry out this subsection not to exceed $2,800,000 for
the fiscal year ending June 30, 1976, $741,000 for the transition period
ending September 30, 1976, and $3,100,000 for the fiscal year ending
September 30, 1977.".
Sec. 2. Section 6 of the John F. Kennedy Center Act is amended by
adding the following new subsection:
"(f) The General Accounting Office is authorized and directed to
review and audit, regularly, the accounts of the Kennedy Center for the
Performing Arts, for the purpose of determining the continuing ability
of the Center to pay its share of future operating cost, and for the
purpose of assuring that the cost-of-living formula fairly and
accurately reflects the use of the building.".
LEGISLATIVE HISTORY:
HOUSE REPRT No. 94 - 280 (Comm. on Public Works and Transportation).
SENATE REPORT No. 94 - 352 (Comm. on Public Works).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 21, considered and passed House.
Aug. 1, considered and passed Senate, amended.
Oct. 8, House concurred in Senate amendments.
Public Law 94-118, 89 Stat. 603, Japan United States Friendship Act.
Be it enacted by the Senate and House of Representative of the United
States of America in Congress assembled, That this Act may be cited as
the " Japan-United States Friendship Act". //22 USC 2901 note.//
Sec. 2 (a) The Congress hereby finds that--,
(1) the post-World War II evolution of the relationship between
Japan and the United States to peacetime friendship and
partnership is one of the most significant developments of the
postwar period;
(2) the Agreement Between Japan and the United States of
America Concerning the Ryukyu Islands and the Daito Islands,
signed at Washingto and Tokyo on June 17, 1971, //23 UST 446.// is
a major achievement and symbol of the new relationship between the
United States and Japan; and
(3) the continuation of close United States-Japan friendship
and cooperation will make a vital contribution to the prospects
for peace, prosperity, and security in Asia and the world.
(b) It is therefore the purpose of this Act to provide for the use of
an amount equal to a part of the total sum payable by Japan to the
United States in connection with the reversion of Okinawa to Japanese
administration and the remaining funds of the amount set aside in 1962
for educational and cultural exchange with Japan (known as the G.A.R.I.
O.A. Account) to aid education and culture at the highest level in order
to enhance reciprocal people-to-people understanding and to support the
close friendship and mutuality of interests between the United States
and Japan.
2902.//
Sec. 3. (a) There is established in the Treasury of the United States
a trust fund to be known as the Japan-United States Friendship Trust
Fund (hereafter referred to as the " Fund").
(b) Amounts in the Fund shall be used for the promotion of scholarly,
cultural, and artistic activities between Japan and the United States,
including--,
(1) support for studies, including language studies, in
institutions of higher education or scholarly research in Japan
and the United States, designed to foster mutual understanding
between Japan and the United States;
(2) support for major collections of Japanese books and
publications in appropriate libraries located throughout the
United States and similar support for collections of American
books and publications in appropriate libraries located throughout
Japan;
(3) support for programs in the arts in association with
appropriate institutions in Japan and the United States;
(4) support for fellowships and scholarships at the graduate
and faculty levels in Japan and the United States in accord with
the purposes of this Act;
(5) support for visiting professors and lecturers at colleges
and universities in Japan and the United States; and
(6) support for other Japan-United States cultural and
educational activities consistent with the purposes of the Act.
(c) Amounts in the Fund may also be used to pay administrative
expenses of the Japan-United States Friendship Commission, established
by section 4 of this Act, as directed by the Commission.
(d) There is authorized to be appropriated to the Fund, for fiscal
year 1976, an amount equal to 7.5 per centum of the total funds payable
to the United States pursuant to the Agreement Between Japan and the
United States of America Concerning the Ryukyu Islands and the Daito
Islands, signed at Washington and Tokyo, June 17, 1971.
(e)(1) There is authorized to be appropriated to the Fund, for fiscal
year 1976, in addition to the amount authorized to be appropriated by
subsection (d) of this section, those funds available in United States
accounts in Japan and transferred by the Government of Japan to the
United States pursuant to the United States request made under article V
of the agreement between the United States of America and Japan
regarding the settlement of Postwar Economic Assistance to Japan, signed
in Tokyo, January 9, 1962, and the exchange of notes of the same date
(13 U.S.T. 1957; T.I.A.S. 5154) (the G.A.R.I.O.A. Account), including
interest accruing to the G.A.R.I.O.A. Account.
(2) The amount authorized to be appropriated by paragraph (1) of this
subsection shall not include any amount required by law to be applied to
United States participation in the International Ocean Exposition to be
held in Okinawa, Japan.
(3) Any unappropriated portion of the amount authorized to be
appropriated by subsection (d) of this section and paragraph (1) of this
subsection for fiscal year 1976 may be appropriated in any subsequent
fiscal year.
Sec. 4. (a) There is established a commission to be known as the
Japan-United States Friendship Commission (hereafter referred to as the
" Commission"). The Commission shall be composed of--,
(1) the members of the United States Panel of the Joint
Committee on United States-Japan Cultural and Educational
Cooperation;
(2) two Members of the House of Representatives, to be
appointed at the beginning of each Congress or upon the occurrence
of a vacancy during a Congress by the Speaker of the House of
Representatives;
(3) two Members of the Senate, to be appointed at the beginning
of each Congress or upon the occurrence of a vacancy during a
Congress by the President pro tempore of the Senate;
(4) the Chairman of the National Endowment for the Arts; and
(5) the Chairman of the National Endowment for the Humanities.
(b) Members of the Commission who are not full-time officers or
employees of the United States and who are not Members of Congress
shall, while serving on business of the Commission, be entitled to
receive compensation at rates fixed by the President, but not exceeding
the rate specified at the time of such service for grade GS-18 in
section 5332 of title 5, United States Code, including traveltime; and
while so serving away from their homes or regular places of business,
all members of the Commission may be allowed travel expenses including
per diem in lieu of subsistence, as authorized by section 5703 of title
5, United States Code, for persons in Government service employed
intermittently.
(c) The Chairman of the United States Panel of the Joint Committee on
United States-Japan Cultural and Educational Cooperation shall be the
Chairman of the Commission. A majority of the members of the Commission
shall constitute a quorum. The Commission shall meet at least twice in
each year.
Sec. 5. (a) The Commission is authorized to--,
(1) develop and carry out programs at public or private
institutions for the promotion of scholarly, cultural, and
artistic activities in Japan and the United States consistent with
the provisions of section 3(b) of this Act; and
(2) make grants to carry out such programs.
(b) The Commission shall submit to the President and to the Congress
an annual report of its activities under this Act together with such
recommendations as the Commission determines appropriate.
Sec. 6. In order to carry out its functions under this Act, the
Commission is authorized to--,
(1) prescribe such regulations as it deems necessary governing the
manner in which its functions shall be carried out;
(2) receive money and property donated, bequeathed, or devised,
without condition or restriction other than that it be used for
the purposes of this Act; and to use, sell, or otherwise dispose
of such property (including transfer to the Fund) for the purpose
of carrying out the purposes of this Act, and any such donation
shall be exempt from any Federal income, State, or gift tax;
(3) in the discretion of the Commission, receive (and use,
sell, or otherwise dispose of, in accordance with paragraph (2))
money and other property donated, bequeathed, or devised to the
Commission with a condition or restriction, including a condition
that the Commission use other funds of the Commission for the
purposes of the gift, and any such donation shall be exempt from
any Federal income, State, or gift tax;
(4) direct the Secretary of the Treasury to make expenditure of
the income of the Fund and not to exceed 5 per centum annually of
the principal of the Fund to carry out the purposes of this Act,
including the payment of Commission expenses if needed, except
that any amounts expended from amounts appropriated to the Fund
under section 3(e)(1) of this Act shall be expended in Japan;
(5) appoint an Executive Director, without regard to the
provisions of title 5, //5 USC 101 et seq.// United States Code,
governing appointments in the competitive service, who shall be
compensated at the rate provided for a GS-18 of the General
Schedule of such title //5 USC 5332 note.// ;
(6) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of title 5, United
States Code, at rates for individuals not to exceed the rate
specified at the time of such service for grade GS-18 in section
5332 of title 5, United States Code;
(7) accept and utilize the services of voluntary and
noncompensated personnel and reimburse them for travel expenses,
including per diem, as authorized by section 5703 of title 5,
United States Code;
(8) enter into contracts, grants, or other arrangements, or
modifications thereof;
(9) make advances, progress, and other payments which the
Commission deems necessary under this Act; and
(10) obtain from the Secretary of State, on a reimbursable
basis, such administrative support services and personnel as the
Commission deems necessary and appropriate to its needs.
Sec. 7. (a) The Fund shall consist of--,
(1) amounts appropriated under sections 3 (d) and (e)(1) of
this Act;
(2) any other amounts received by the Fund by way of gifts and
donations; and
(3) interest and proceeds credited to it under subsection (b)
of this section.
(b) It shall be the duty of the Secretary of the Treasury (hereafter
referred to as the " Secretary") to invest such portion of the Fund as
is not, in the judgment of the Commission, required to meet current
withdrawals. Such investment may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States. For such purposes, the
obligations may be acquired (1) on original issue at the issue price, or
(2) by purchase of outstanding obligations at the market price. The
purposes for which obligations of the United States may be issued under
the Second Liberty Bond Act, //31 USC 774.// as amended, are hereby
extended to authorize the issuance at par of special obligations
exclusively to the Fund. Such special obligations shall bear interest at
a rate equal to the average rate of interest, computed as to the end of
the calendar month next preceding the date of such issue, borne by all
marketable interest-bearing obligations of the United States issued
during the preceding two years then forming part of the public debt;
except that where such average rate is not a multiple of one-eighth of 1
per centum, the rate of interest of such special obligations shall be
the multiple of one-eighth of 1 per centum next lower tan such average
rate. Such special obligations shall be issued only if the Secretary
determines that the purchase of other interest-bearing obligations of
the United States, or of obligations guaranteed as to both principal and
interest by the United States on original issue or at the market price,
is not in the public interest.
(c) Any obligation acquired by the Fund (except special obligations
issued exclusively to the Fund) may be sold by the Secretary at the
market price, and such special obligations may be redeemed at par plus
accrued interest.
(d) The interest on, and the proceeds from the sale or redemption of,
any obligations held in the Fund shall be credited to and form a part of
the Fund.
(e) In accordance with section 6(4) of this Act, the Secretary shall
pay out of the Fund such amounts, including expenses of the Commission,
as the Commission considers necessary to carry out the provisions of
this Act; except that amounts in the Fund, other than amounts which
have been appropriated and amounts received by the Commission pursuant
to sections 6(2) and 6(3), shall be subject to the appropriation
process.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 503 accompanying H.R. 9667 (Comm. on
International Relations) and No. 94 - 526 (Comm. of Conference).
SENATE REPORT No. 94 - 188 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 13, considered and passed Senate.
Sept. 26, considered and passed House, amended, in lieu of H.
R. 96679
Oct. 7, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 43:
Oct. 21, Presidential statement.
PUBLIC LAW 94-117, 89 STAT. 602.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, in commemoration
of the Bicentennial of the United States Army on June 14, of the United
States Navy on October 13, and of the United States Marine Corps on
November 10, 1975, the Secretary of the Treasury is authorized and
directed to strike three medals, of suitable sizes and metals and with
suitable emblems, devices, and inscriptions to be determined by the
Secretary of the Army and the Secretary of the Navy, as applicable,
subject to the approval of the Secretary of the Treasury.
Sec. 2. The Secretary of the Treasury shall furnish the medals to the
Secretary of the Army and the Secretary of the Navy, as applicable, at a
price equal to the cost of manufacture.
Sec. 3. The Secretary of the Treasury shall also cause such medals to
be sold by the Mint, as list medals, under such regulations as he may
prescribe, at a price sufficient to cover the cost thereof, including
labor, materials, dies, use of machinery, and overhead expenses.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
Oct. 6, considered and passed House.
Oct. 8, considered and passed Senate.
Public Law 94-116, 89 Stat 581, Department of Housing and Urban
Development--Independant agencies Appropriation Act, 1976.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of Housing and Urban Development, and
for sundry independent executive agencies, boards, bureaus, commissions,
corporations, and offices for the fiscal year ending June 30, 1976, the
period ending September 30, 1976, and for other purposes, namely:
For emergency mortgage relief payments and for other expenses of the
Emergency Homeowners' Relief Fund, as authorized by title I of the
Emergency Housing Act of 1975 (Public Law 94 - 50) //12 USC 2701.// ,
$35,000,000, to remain available until September 30, 1976.
For interest grant payments pursuant to section 802(c)(2) of the
Housing and Community Development Act of 1974 //42 USC 1440.// (88 Stat.
722), $15,000,000, to remain available until Septmeber 30, 1976:
Provided, that the total of contracts for annual payments entered into
under such section shall not exceed $15,000,000: Provided further, That
the total new budget authority obligated under such contracts entered
into after June 30, 1975, shall not exceed $600,000,000.
The additional amount of contracts for annual contributions, not
otherwise provided for, as authorized by section 5 of the United States
Housing Act of 1937, shall not exceed $662,300,000, which amount shall
be in addition to balances of authorization heretofore made available
for such contracts: Provided, That the total new budget authority
obligated under such contracts entered into after June 30, 1975, shall
not exceed $17,000,000,000, which amount shall not include budget
authority obligated under balances of authorization heretofore made
available: Provided further, That at least $50,000,000 of the new
contract authority herein made available shall be used only for
contracts for annual contributions to assist in financing the
development or acquisition of low-income housing projects to be owned by
public housing agencies other than under section 8 of the above Act //42
USC 1437f.// : Provided further, That not less than 50 per centum of
the funds made available by this Act which are used pursuant to section
8 of the above Act shall be allocated to contracts to make assistance
payments with respect to newly constructed or substantially
rehabilitated housing: And provided further, That is fiscal year 1976
and the period ending September 30, 1976, the fair market rent basis of
contracts approved pursuant to section 8 of the above Act shall not
exceed by more than 10 per centum in the aggregate, or 20 per centum in
individual market areas, those published in the Federal Register through
September 8, 1975.
The limitation otherwise applicable to the maximum payments that may
be required in any fiscal year by all contracts entered into under
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s) is increased by $20,000,000.
The limitation on the aggregate loans that may be made under section
202 of the Housing Act of 1959 //12 USC 1701q.// as amended, from the
fund authorized by subsection (a)(4) of such section, is hereby
established for the fiscal year 1976 through the period ending September
30, 1976, at $375,000,000 in accordance with paragraph (c) of such
subsection, which funds shall be available only to qualified nonprofit
sponsors for the purpose of providing 100 per centum loans for the
development of housing for the elderly or handicapped, with any cash
equity or other financial commitments imposed as a condition of loan
approval to be returned to the sponsor if sustaining occupancy is
achieved in a reasonable period of time: Provided, That the full amount
shall be abailable for permanent financing (including construction
financing) for housing projects for the elderly or handicapped.
For the payment of annual contributions, not otherwise provided for,
in accordanc with section 5 of the United States Housing Act of 1937, as
amended (42 U.S.C. 1437c); for payments authorized by title IV of the
Housing Act of 1950, as amended (12 U.S.C. 1749 et seq.): for rent
supplement payments authorized by section 101 of the Housing and Urban
Development Act of 1965, as amended (12 U.S.C. 1701s); and for payments
as authorized by sections 235 and 236, of the National Housing Act, as
amended (12 U.S.C. 1715z, 1715z-1,), $2,245,000,000.
For " Housing payments" for the period July 1, 1976, through
September 30, 1976, $600,000,000.
For annual contributions to public housing agencies for the payment
of operating subsidies for low-income housing projects as authorized by
section 9 of the United States Housing Act of 1937, as amended (42 U.S.
C. 1437g), $535,000,000: Provided, That the aggregate amount of
contracts for annual contributions entered into for such payments shall
not exceed $535,000,000.
For " Payments for operation of low-income housing projects" for the
period July 1, 1976, through September 30, 1976, $80,000,000: Provided,
That the aggregate amount of contracts for such payments shall not
exceed $80,000,000.
For necessary administrative expenses, not otherwise provided for,
and for nonadministrative expenses as classified by section 1 of the
National Housing Act, as amended (12 U.S.C. 1701), in carrying out
programs of housing production and mortgage credit and housing
management, $199,000,000, of which $158,650,000 shall be provided by
transfer from the various funds of the Federal Housing Administration:
Provided, That administrative expenses in connection with the Revolving
fund (liquidating programs) shall be exclusive of expenses necessary in
the case of defaulted obligations to protect the interests of the
Government.
For " Salaries and expense, housing programs" for the period July 1,
1976, through September 30, 1976, $49,800,000, of which $39,850,000
shall be provided by transfer from the various funds of the Federal
Housing Administration.
The total amount of purchases and commitments authorized to be made
pursuant to section 313 of the National Housing Act, as amended (12 U.
S.C. 1723e; 88 Stat. 1364; Public Law 94 - 50), shall not exceed
$5,000,000,000 outstanding at any one time, which amount shall be in
additon to balances of authorization heretofore made available for
purchase and commitments pursuant to said section and which shall
continue available after October 18, 1975: Provided, That the
Association may borrow from the Secretary of the Treasury in accordance
with said section, in such amounts as are necessary to carry out the
purposes and requirements of said section as authorized herein.
For the payment of such insufficiencies as may be required by the
Government National Mortgage Association, as trustee, on account of
outstanding beneficial interests or participations in assets of the
Department of Housing and Urban Development (including the Government
National Mortgage Association) authorized by the Independent Offices and
Department of Housing and Urban Development Appropriation Act, 1968, to
be issued pursuant to section 302(c) of the Federal National Mortgage
Association Charter Act, //81 Stat. 341, 12 USC 1717.// as amended,
$20,935,000.
For "payment of participation sales insufficiencies" for the period
July 1, 1976, through September 30, 1976, $5,291,000.
For the revolving fund established pursuant to section 312 of the
Housing Act of 1964, as amended (42 U.S.C. 1452b), $50,000,000, to
remain available until August 22, 1976.
For contracts with and payments to States and units of general local
government and for related expenses, not otherwise provided for,
necessary for carrying out a community development grant program as
authorized by Title I of the Housing and Community Development Act of
1974 //42 USC 5301.// (P.L. 93 - 383, 88 Stat. 633), $2,700,000,000, of
which $964,000,000 shall be derived by transfer from the unexpended
balance of budget authority provided by section 401(d)(1) of the Housing
Act of 1950, as amended (12 U.S.C. 1749(d)(1), which shall be treated
the same as other budget authority provided by this paragraph, to remain
available until September 30, 1978.
For grants to States and units of general local government, to be
used only for expenses necessary for carrying out a community
development grant program authorized by Section 106(d)(2) of Title I of
the Housing and Community Development Act of 1974, //42 USC 5306.//
$52,000,000, to remain available until September 30, 1978.
For grants to units of general local government for urgent community
development needs pursuant to section 103(b) of Title I of the Housing
and Community Development Act of 1974, //42 USC 5303.// $50,000,000, to
remain available until September 30, 1978.
For comprehensive planning grants as authorized by section 701 of the
Housing Act of 1954, as amended (40 U.S.C. 461), $75,000,000, to remain
available until expended.
For necessary administrative expenses of programs of community
planning and development, not otherwise provided for, $41,740,000.
For " Salaries and expenses, community planning and development
programs" for the period July 1, 1976, through September 30, 1976,
$10,500,000.
For necessary administrative expenses, not otherwise provided for, in
carrying out the National Flood Insurance Act of 1968, //42 USC 4001
note.// as amended (42 U.S.C. Chap. 50), $75,000,000.
For " Flood insurance" for the period July 1, 1976, through September
30, 1976, $18,750,000.
For necessary expenses of carrying out the Interstate Land Sales Full
Disclosure Act (15 U.S.C. 1720), not otherwise provided for, $2,726,000.
For " Interstate land sales" for the period July 1, 1976, through
September 30, 1976, $645,000.
For contracts, grants, and necessary expenses of programs of research
and studies relating to housing and urban problems, not otherwise
provided for, as authorized by title V of the Housing and Urban
Development Act of 1970, as amended, (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section 1(
a)(1)(i) of Reorganization Plan No. 2 of 1968 //49 USC 1608 note.// ,
$53,000,000, to remain available until September 30, 1977: Provided,
That $400,000 of the foregoing amount shall be used only for a grant to
the Housing Assistance Council: Provided further, That $1,000,000 of
the foregoing amount shall be used only for mobile home construction and
safety standard activities.
For " Research and technology" for the period July 1, 1976, through
September 30, 1976, $15,500,000, to remain available until Septmeber 30,
1977.
For necessary administrative expenses of programs of policy
development and research, not otherwise provided for, $6,765,000.
For " Salaries and expenses, policy development and research" for the
period July 1, 1976, through September 30, 1976, $1,700,000.
For expenses necessary to carry out the functions of the Secretary
pursuant to title VIII of the Civil Rights Act of 1968 (42 U.S.C.
3601), and other equal opportunity and fair housing programs authorized
by law, not otherwise provided for, $12,735,000.
For " Fair housing and equal opportunity" for the period July 1,
1976, through September 30, 1976, $3,265,000.
For necessary administrative expenses of the Secretary, not otherwise
provided for, in overall program planning and direction in the
Department, including not to excced $2,500 for official reception and
representation expenses, $5,905,000.
For " General departmental management" for the period July 1, 1976,
through September 30, 1976, including not to exceed $625 for official
reception and representation expenses, $1,510,000.
For necessary expense of the Office of General Counsel, not otherwise
provided for, $5,089,000, of which $1,750,000 shall be provided by
transfer from the various funds of the Federal Housing Administration,
as provided by the National Housing Act (12 U.S.C. 1701).
For " Salaries and expenses, Office of General Counsel" for the
period July 1, 1976, through September 30, 1976, $1,319,000, of which
$465,000 shall be provided by transfer from the various funds of the
Federal Housing Administration, as provided by the National Housing Act
(12 U.S.C. 1701).
For necessary expenses of the Office of Inspector General, not
otherwise provided for, $10,280,000, of which $3,035,000 shall be
provided by transfer from the various funds of the Federal Housing
Administration, as provided by the National Housing Act (12 U.S.C.
1701).
For " Salaries and expenses, Office of Inspector General" for the
period July 1, 1976, through September 30, 1976, $2,615,000, of which
$810,000 shall be provided by transfer from the various funds of the
Federal Housing Administration, as provided by the National Housing Act
(12 U.S.C. 1701).
For administrative expense necessary in providing general
administration and staff services within the Department, not otherwise
provided for, $53,125,000, of which $31,092,000 shall be provided by
transfer from the various funds of the Federal Housing Administration,
as provided by the National Housing Act (12 U.S.C. 1701).
For " Administration and staff services" for the period July 1, 1976,
through September 30, 1976, $12,803,000, of which $7,195,000 shall be
provided by transfer from the various funds of the Federal Housing
Administration, as provided by the National Housing Act (12 U. S.C.
1701).
For necessary administrative expenses, not otherwise provided for, of
management and program coordination in the regional offices of the
Department, $40,500,000, of which $15,580,000 shall be provided by
transfer from the various funds of the Federal Housing Administration,
as provided by the National Housing Act (12 U.S.C. 1701).
For " Regional management and services" for the period July 1, 1976,
through September 30, 1976, $10,000,000, of which $3,905,000 shall be
provided by transfer from the various funds of the Federal Housing
Administration, as provided by the National Housing Act (12 U.S.C.
1701).
For expenses necessary to carry out the functions of the Department
of Housing and Urban Development under the Disaster Relief Act of 1970,
//42 USC 4401 note// as amended, the Disaster Relief Act of 1974, //42
usc 5121 note.// and Reorganization Plan No. 1 of 1973, //50 usc app.
2271 note.// authorizing assistance to States and local governments,
$150,000,000, to remain available until expended: Provided, That not to
exceed 3 per centum of the foregoing amount sahll be available for
administrative expenses.
For " Disaster relief" for the period July 1, 1976, through September
30, 1976, $37,500,000, to remain available until expended: Provided,
That not to exceed 3 per centum of the foregoing amount shall be
available for administrative expenses.
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchase and repair of uniforms
for caretakers of national cemeteries and monuments, outside of the
United States and its territories and possessions; not to exceed
$67,000 for expenses of travel; rent of office and garage space in
foreign countries; purchase (one for replacement only) and hire of
passenger motor vehicles; and insurance of official motor vehicles in
foreign countries when required by law of such countries; $5,012,000:
Provided, //36 USC 121b.// That where station allowance has been
authorized by the Department of the Army for officers of the Army
serving the Army at certain foreign stations, the same allowance shall
be authorized for officers of the Armed Forces assigned to the
Commission while serving at the same foreign stations, and this
appropriation is hereby made available for the payment of such
allowance: Provided further, //36 USC 122.// That when traveling on
business of the Commission, officers of the Armed Forces serving as
members or as secretary of the Commission may be reimbursed for expenses
as provided for civilian members of the Commission: Provided further,
//36 USC 122a.// That the Commission shall reimburse other Government
agencies, including the Armed Forces, for salary, pay, and allowances of
personnel assigned to it.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $1,450,000.
For necessary expenses of the Consumer Product Safety Commission,
including rent in the District of Columbia and hire of passenger motor
vehicles, services as authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
GS-18, //5 USC 5332 note.// and not to exceed $800 for official
reception and representation, $41,820,000: Provided, That funds
provided by this appropriation for laboratories shall be available only
for the acquision or conversion of existing laboratories.
For necessary expenses of the " Consumer Product Safety Commission"
for the period July 1, 1976, through September 30, 1976, including rnet
in the District of Columbia and hire of passenger vehicles, services as
authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem rate equivalent to the rate for GS-18, and not to exceed
$200 for official reception and representation, $10,355,000.
None of the funds provided to the Consumer Product Safety Commission
by this Act may be used for the preparation or enforcement of
regulations to restrict the sale of firearms, ammunition or components
thereof.
For necessary expenses, as authorized by law, of maintenance,
operation, and improvement of the cemetery at the Soldiers' and Airmen's
Home and Arlingto National Cemetery, including the purchase of three
passenger motor vehicles for replacement only, $5,615,000, to remain
available until expended: Provided, That reimbursement shall be made to
the applicable military appropriation for the pay and allowances of any
military personnel performing services primarily for the purposes of
this appropriation.
For " Salaries and expense" for the period July 1, 1976, through
September 30, 1976, $966,000, to remain available until expended.
For agency and regional management expenses, including official,
reception and representation expenses (not to exceed $3,500); hire of
passenger motor vehicles; hire, maintenace, and operation of aircraft;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for GS-18 //5 USC
5332 note.// ; purchase of reprints; library memberships in societies
or associations which issue publications to members only or at a price
to members lower than to subscribers who are not members; $65,374,000;
including $5,000,000 to provide for the preparation of Environmental
Impact Statements as required by section 102(2)(C) of the National
Environmental Policy Act //42 USC 4332.// on all proposed actions by the
Environmental Protection Agency, except where prohibited by law.
For " Agency and regional management" for the period July 1, 1976,
through September 30, 1976, $16,923,000, of which not to exceed $875 may
be for official reception and representation expenses.
For energy research and development activities, including hire of
passenger motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therefor, as authorized by sections 5901 -
5902, United States Code, title 5; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the rate of GS-18; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; $100,000,000 to remain available until expended.
For " Energy research and development" for the period July 1, 1976,
through September 30, 1976, $21,000,000, to remain available until
expended.
For research and development activities, including hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate of GS-18 //5 USC
5332 note.// ; purchase of reprints; library memberships in societies
or associations which issue publications to members only or at a price
to members lower than to subscribers who are not members; $170,674,000,
to remain available until expended.
For " Research and development" for the period July 1, 1976, through
September 30, 1976, $42,923,000, to remain available until expended.
For abatement and control activities, including hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901 - 5902;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for GS-18;
purchase of reprints; library memberships in societies or associations
which issue publications to members only or at a price to members lower
than to subscribers who are not members; to remain available until
expended, $375,766,000, and for liquidation of obligations incurred in
carrying out section 208 of the Federal Water Pollution Control Act,
//33 USC 1288.// as amended, $65,000,000, to remain available until
expended.
For " Abatement and control" for the period July 1, 1976, through
September 30, 1976, $92,639,000, to remain available until expended, and
for liquidation of obligations incurred in carrying out section 208 of
the Federal Water Pollution Control Act, as amended, $19,000,000, to
remain available until expended.
For enforcement activities, including hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft; uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901 - 5902; services,
as authorized by 5 U.S.C. 3109, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for GS-18; purchase of
reprints; library memberships in societies or associations which issue
publications to members only or at a price to members lower than to
subscribers who are not members; $53,606,000.
For " Enforcement" for the period July 1, 1976, through September 30,
1976, $13,931,000.
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment of facilities of or used by the
Environmental Protection Agency, $2,100,000, to remain available until
expended.
For " Buildings and facilities" for the period July 1, 1976, through
September 30, 1976, $500,000, to remain available until expended.
For liquidation of obligations incurred pursuant to authority
contained in section 203 of the Federal Water Pollution Control Act,
//33 USC 1283.// as amended, $500,000,000, to remain available until
expended.
For liquidation of obligations, " Construction grants" for the period
July 1, 1976, through September 30, 1976, $600,000,000, to remain
available until expended.
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for necessary expenses of the Environmental Protection Agency in the
conduct of scientific activities overseas in connection with
environmental pollution, as authorized by law, $4,000,000, to remain
available until expended: Provided, That this appropriation shall be
available in addition to other operations to such Agency, for payments
in the foregoing currencies.
For " Scientific activities overseas (special foreign currency
program)" for the period July 1, 1976, through September 30, 1976,
$670,000, to remain available until expended.
Not to exceed 7 per centum of any appropriation made available to the
Environmental Protection Agency by this Act (except appropriations for "
Construction Grants") may be transferred to any other such
appropriation.
No funds provided for the Environmental Protection Agency by this Act
may be used for any Federal insecticide, fungicide, or rodenticide
activity after September 30, 1975, that is not authorized by law.
For expenses necessary for the Council on Environmental Quality and
the Office of Environmental Quality, in carrying out their functions
under the National Environmental Policy Act of 1969 (Public Law 91 -
190) //42 USC 4321 note.// and the National Environmental Improvement
Act of 1970 (Public Law 91 - 224) //42 USC 4371 note.// , including
official reception and representation expenses (not to exceed $1,000),
hire of passenger vehicles, and support of the Citizens' Advisory
Committee on Environmental Quality, $2,736,000.
For the " Council on Environmental Quality and Office of
Environmental Quality" for the period July 1, 1976, through September
30, 1976, including official reception and representation expenses (not
to exceed $250), hire of passenger vehicles and support of the Citizens'
Advisory Committee on Environmental Quality, $697,000.
For necessary expenses of the Consumer Information Center, including
services authorized by 5 U.S.C. 3109, $1,054,000.
For " Consumer Information Center" for the period July 1, 1976,
through September 30, 1976, $264,000.
For necessary expenses of the Office of Consumer Affairs, including
services authorized by 5 U.S.C. 3109, $1,488,000.
For " Office of Consumer Affairs" for the period July 1, 1976,
through September 30, 1976, including services authorized by 5 U.S.C.
3109, $372,000.
For necessary expenses, not otherwise provided for, including
research, development, operations, services, minor construction,
maintenance, repair, rehabilitation and modification of real and
personal property; tracking and data relay satellite services as
authorized by law and purchase, hire, maintenance, and operation of
other than administrative aircraft, necessary for the conduct and
support of aeronautical and space research and development activities of
the National Aeronautics and Space Administration, $2,677,380,000, to
remain available until expended.
For " Research and development," to be available July 1, 1976,
$700,600,000, to remain available until expended.
For construction, rehabilitation and modification of facilities,
minor construction of new facilities and additons to existing
facilities, and for facility planning and design not otherwise provided,
for the National Aeronautics and Space Administration, and for the
acquisition or condemnation of real property, as authorized by law,
$82,130,000, to remain available for obligation until September 30,
1978: Provided, That, notwithstanding the limitation on the
availability of funds appropriated under this head by this appropriation
act, when any activity has been initiated by the incurrence of
obligations therefor, the amount available for such activity shall
remain available until expended, except that this provisions shall not
apply to the amounts appropriated pursuant to the authorization for
rehabilitation and modification of facilities, minor construction of new
facilities and additions to existing facilities, and facility planning
and design.
For " Construction of facilities," to be available July 1, 1976,
$10,750,000, to remain available for obligation until September 30,
1979.
For necessary espenses of research in Government laboratories,
management of programs and other activities of the National Aeronautics
and Space Administration, not otherwise provided for, including uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902);
awards; purchase (not to exceed one, for replacement only of one or
more existing aircraft, at least one of which shall be an administrative
aircraft, which existing aircraft may be exchanged in part payment),
hire, maintenance and operation of administrative aircraft; purchase
(not to exceed ten for replacement only) and hire of passenger motor
vehicles; and maintenance and repair of real and personal property, and
not in excess of $25,000 per project for construction of new facilities
and additions to existing facilities, and not in excess of $50,000 per
project for rehabilitation and modification of facilities;
$775,512,000: Provided, That contracts may be entered into under this
appropriation for maintenance and operation of facilities, and for other
services, to be provided during the next fiscal year: Provided further,
That not to exceed $35,000 of the foregoing amount shall be available
for scientific consultations or extraordinary expense, to be expended
upon the approval or authority of the Administrator and his
determination shall be final and conclusive.
For " Research and program management," for the period July 1, 1976,
through September 30, 1976, $213,678,000.
For expenses necessary to carry out the purposes of the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861 - 1875),
title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876 -
1879), and the Act to establish a National Medal of Science (42 U.S. C.
1880 - 1881), including award of graduate fellowships; services as
authorized by 5 U.S.C. 3109; purchase of three aircraft; maintenance
and operation of aircraft and purchase of flight services for research
support; hire of passenger motor vehicles; not to exceed $5,000 for
official reception and representation expenses; not to exceed
$41,000,000 for program development and management; uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901 - 5902);
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for security guard
services; $710,000,000, to remain available until September 30, 1977:
Provided, That of the foregoing total amount not more than $6,000,000
shall be used for Science Information Activities; not more than
$6,000,000 shall be available for Research Applied to National Needs, of
which not more than $24,000,000 shall be used for the Environmental
Research Program in RANN including not more than $4,500,000 for
earthquake engineering; not more than $50,000,000 shall be used for
Science Education programs in addition to funds available for such
programs and deferred in fiscal year 1975, and not more than $1,000,000
shall be used for a program of Ethical and Human Value Implicatons; not
more than $15,000,000 shall be used for Graduate Student Support; not
more than $4,500,000 shall be used for Intergovernmental Science and
Research Utilization, of which not more than $2,500,000 shall be for
Intergovernmental Science; and no funds shall be used for Institutional
Improvement for Science; or for Instructional Improvement
Implementation budgeted for in Elementary and Secondary School Programs
of the Science Education Improvement activity: Provided further, That
of the foregoing amounts, funds available to meet minima authorized by
any other act shall be available only to the extent such funds are not
in excess of amounts provided herein: Provided further, That unless
otherwise specified by this appropriation, the ratio of amounts made
available under this Act for a program or minima to the amounts
specified for a program or minima in any other Act, for the activity for
which the limitation applies, shall not exceed the ration that the total
funds appropriated in this Act bear to the total funds authorized in
such other Act, for the activity for which the limitation applies:
Provided further, That receipts for scientific support services and
materials furnished by the National Research Centers may be credited to
this appropriation: Provided further, That if an institution of higher
education receiving funds hereunder determines after affording notice
and opportunity for hearing to an individual attending, or employed by,
such institution, that such individual has, after the date of enactment
of the Act, willfully refused to obey a lawful regulation or order of
such institution and that such refusal was of a serious nature and
contributed to the disruption of the administration of such institution,
then the institution sahll deny any further payment to, or for the
benefit of, such individual.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $167,134,000, to remain available until September
30,1977: Provided, That the provisions of that paragraph next preceding
this paragraph shall be applicable in the same manner and to the same
extent as if such period were a fiscal year.
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for scientific activities, as authorized by law, $4,000,000, to remain
available until September 30, 1977: Provided, That this appropriation
shall be available in addition to other appropriations to the National
Science Foundation, for payments in the foregoing currencies.
For " Scientific activities (special foreign currency program)" for
the period July 1, 1976, through September 30, 1976, $500,000, to remain
available until September 30, 1977.
For expenses necessary for the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by law
(5 U.S.C. 4101 - 4118) for civilian employees; and not to exceed $1,000
for official reception and representation expenses; $37,500,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of subsection (c) of section 3679
of the Revised Statutes, //31 USC 665.// as amended, whenever he deems
such action to be necessary in the interest of national defense:
Provided further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person into the
Armed Forces of the United States.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $8,300,000, of which not to exceed $250 is available
for offical reception and representation expenses.
For the payment of compensation, pensions, gratuities, and
allowances, including burial awards, plot allowances, burial flags,
headstones and grave markers, emergency and other officers' retirement
pay, adjusted-service credits and certificates, and other benefits as
authorized by law; and for payment of amounts of compromises or
settlements under 28 U.S.C. 2677 of tort claims potentially subject to
the offset provisions of 38 U.S.C. 351, $7,699,700,000, to remain
available until expended.
For " Compensation and pensions" for the period July 1, 1976, through
September 30, 1976, $1,966,400,000, to remain available until expended.
For the payment of readjustment and rehabilitation benetits to or on
behalf of veterans as authorized by law (38 U.S.C. chapters 21, 31, and
33 - 39) //38 USC 801, 1501, 1601.// , $5,414,475,000, to remain
available until expended.
For " Readjustment benefits" for the period July 1, 1976, through
September 30, 1976, $1,039,472,000, to remain available until expended.
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
soldiers' and sailors' civil relief, $6,600,000, to remain available
until expended.
For " Veterans insurance and indemnities" for the period July 1,
1976, through September 30, 1976, $2,450,000, to remain available until
expended.
For expenses necessary for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Veterans Administration, including care and
treatment in facilities not under the jurisdiction of the Veterans
Administration, and furnishing recreational facilities, supplies and
equipment; funeral, burial and other expenses incidental thereto for
beneficiaries receiving care in Veterans Administration facilities;
repairing, altering, improving or providing facilities in the several
hospitals and homes under the jurisdiction of the Veterans
Administration, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; uniforms or
allowance therefor as authorized by law (5 U.S.C. 5901 - 5902); and aid
to State homes as authorized by law (38 U.S.C. 641); $3,666,711,000,
plus reimbursements: Provided, That allotments and transfers may be
made from this appropriation to the Public Health Service of the
Department of Health, Education, and Welfare, and the Army, Navy, and
Air Force of the Department of Defense, for disbursements by them under
the various headings of their applicable appropriations, of such amounts
as are necessary for the care and treatment of beneficiaries of the
Veterans Administration.
For " Medical care" for the period July 1, 1976, through September
30, 1976, $949,413,000, plus reimbursements.
For expenses necessary for carrying out prograns of medical and
prosthetic research and development, as authorized by law, to remain
available until expended, $95,000,000, plus reimbursements.
For " Medical and prosthetic research" for the period July 1, 1976,
through September 30, 1976, to remain available until expended,
$24,714,000, plus reimbursements.
For pilot programs for assistance in the establishment of new State
medical schools, grants to affiliated medical schools, assistance to
public and nonprofit institutions of higher learning, hospitals and
other health manpower institutions affiliated with the Veterans
Administration to increase the production of professional and other
health personnel, and for expansion of Veterans Administration hospital
eduction and training capacity as authorized by 38 U.S.C. Chapter 82,
//38 USC 5070 et seq.// $30,000,000, to remain available until September
30, 1982.
For " Assistance for health manpower training institutions" for the
period July 1, 1976, through September 30, 1976, $8,332,000, to remain
available until September 30, 1982.
For expenses necessary for administration of the medical, hospital,
domiciliary, construction and supply, research, employee education and
training activities, as authorized by law, and for carrying out the
provisions of section 5055, title 38, United States Code, relating to
pilot programs and grants for exchange of medical information,
$38,528,000, plus reimbursements.
For " Medical administration and miscellaneous operating expenses"
for the period July 1, 1976, through September 30, 1976, $10,230,000,
plus reimbursements.
For necessary operating expenses of the Veterans Administration, not
otherwise provided for, including uniforms or allowances therefor, as
authorized by law; not to exceed $2,500 for official reception and
representation expenses; cemeterial expenses as authorized by law,
purchase of seven passenger motor vehicles, including one medium sedan
for replacement only and the remainder light sedans for use in
cemeterial operations, and hire of passenger motor vehicles; and
reimbursement of the General Services Administration for security guard
services; $462,450,000.
For " General operating expenses" for the period July 1, 1976,
through September 30, 1976, $112,164,000; and not to exceed $625 for
official reception and representation allowances.
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Veterans
Administration, or for any of the purposes set forth in sections 5001,
5002 and 5004 of title 38, United States Code, including planning,
architectural and engineering services, and site acquisition, where the
estimated cost of a project is $1,000,000 or more, $297,464,000, to
remain available until expended: Provided, That $6,259,000 shall be
available for construction of a research and education facility at
Houston, Texas, $2,460,000 for expansion of clinic and outpatient
facilities and correction of fire and safety deficiencies at
Northampton, Massachusetts, and $6,700,000 for construction of a
research and education facility at Jackson, Mississippi: Provided
further, That none of these funds shall be used for any project which
has not been considered and approved by the Congress in the budgetary
process.
For "construction, major projects" for the period July 1, 1976,
through September 30, 1976, $15,860,000, to remain available until
expended.
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Veterans
Administration, including planning, architectural and engineering
services, and site acquisition, or for any of the purposes set forth in
sections 5001, 5002 and 5004 of title 38, United States Code, where the
estimated cost of a project is less than $1,000,000, and for necessary
expenses of the Office of Construction, $106,426,000, to remain
available until expended.
For " Construction, minor projects" for the period July 1, 1976,
through September 30, 1976, $16,490,000, to remain available until
expended.
For grants to assist the several States to construct State nursing
home facilities and to remodel, modify or alter existing hospital and
domiciliary facilities in State homes, for furnishing care to veterans,
as authorized by law (38 U.S.C. 644 and 5031 - 5037), $10,000,000, to
remain available until September 30, 1978.
For payment to the Republic of the Philippines of grants as
authorized by law (38 U.S.C. 631 - 634), $2,100,000, of which $50,000
for hospital equipment, plant, and facilities rehabilitation grants
shall remain available until expended.
For " Grants to the Republic of the Philippines" for the period July
1, 1976, through September 30, 1976, $525,000, of which $13,000 for
hospital equipment, plant, and facilites rehabilitation grants shall
remain available until expended.
During the current fiscal year, the Loan guaranty revolving fund
shall be available for expenses, but not to exceed $550,000,000, for
property acquisitions, payment of participation sales insufficiencies,
and other loan guaranty and insurance operations under Chapter 37, title
38, United States Code, //38 USC 1801 et seq.// except administrative
expenses, as authorized by section 1824 of such title: Provided, That
the unobligated balances including retained earnings of the Direct loan
revolving fund shall be available, during the current fiscal year, for
transfer to the Loan guaranty revolving fund in such amounts as may be
necessary to provide for the timely payment of obligations of such fund
and the Administrator of Veterans Affairs shall not be required to pay
interest on amounts so transferred after the time of such transfer.
During the period July 1, 1976, through September 30, 1976, the Loan
guaranty revolving fund shall be available for expenses, but not to
exceed $150,000,000, for property acquisitions, payment of participation
sales insufficiencies, and other loan guaranty and insurance operations.
Not to exceed 5 per centum of any appropriation for the current
fiscal year for " Compensation and pensions", " Readjustment benefits",
and " Veterans insurance and indemnities" may be transferred to any
other of the mentioned appropriations, but not to exceed 10 per centum
of the appropriations so augmented.
Appropriations available to the Vertans Administration for the
current fiscal year for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
No part of the appropriations in this Act for the Veterans
Administration (except the appropriations for " Construction, major
projects" and " Construction, minor projects") shall be available for
the purchase of any site for or toward the construction of any new
hospital or home.
No part of the foregoing appropriations shall be available for
hospitalization or examination of any persons except beneficiaries
entitled under the laws bestowing such benefits to veterans, unless
reimbursement of cost is made to the appropriation at such rates as may
be fixed by the Administrator of Veterans Affairs.
The following corporations and agencies, respectively, 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.
Not to exceed $1,240,000 shall be available for administrative
expenses, which shall be on an accrual basis, and shall be exclusive of
interest paid, expenses (including expenses for fiscal agency services
performed on a contract or fee basis) in connection with the issuance
and servicing of securities, depreciation, properly capitalized
expenditures, fees for servicing morgages, expenses (including services
performed on a force account, contract or fee basis, but not including
other personal services) in connection with the acquisition, protection,
operation, maintenance, improvement, or disposition of real or personal
property belonging to said Association or in which it has an interest,
cost of salaries, wages, travel, and other expenses of persons employed
outside the continental United States, and all administrative expenses
reimbursable from other Government agencies and from the Federal
National Mortgage Association: Provided, That the distribution of
administrative expenses to the accounts of the Association shall be made
in accordance with generally recognized accounting principles and
practices.
For the period July 1, 1976, through September 30, 1976, not to
exceed $350,000 shall be available for administrative expenses.
Not to exceed a total of $14,665,000 shall be available for
administrative expenses of the Federal Home Loan Bank Board, which may
procure services as authorized by 5 U.S.C. 3109, and contracts for such
services with one organization may be renewed annually, and uniforms or
allowances therefor in accordance with law (5 U.S.C. 5901 - 5902), and
said amount shall be derived from funds available to the Federal Home
Loan Bank Board, including those in the Federal Home Loan Bank Board
revolving fund and receipts of the Board for the current fiscal year and
prior fiscal years, and the Board may utilize and may make payment for
services and facilities of the Federal home loan banks, the Federal
Reserve banks, the Federal Savings and Loan Insurance Corporation, the
Federal Home Loan Mortgage Corporation, and other agencies of the
Government (including payment for office space): Provided, That all
necessary expenses in connection with the conservatorship or liquidation
of institutions insured by the Federal Savings and loan Insurance
Corporation, liquidation or handling of assets of or derived from such
insured institutions, payment of insurance, and action for or toward the
avoidance, termination, or minimizing of losses in the case of such
insured institutions, or activities relating to section 5 A (f) or 6(i)
of the Federal Home Loan Bank Act, //12 USC 1425a, 1426.// section 5(d)
of the Home Owners' Loan Act of 1933, //12 USC 1464.// section 12(i) of
the Securities Exchange Act of 1934, //15 USC 781.// or section 406(c),
407, or 408 of the National Housing Act //12 USC 1729 - 1730a.// and all
necessary expenses (including services performed on a contract or fee
basis, but not including other personal services) in connection with the
handling, including the purchase, sale, and exchange, of securities on
behalf of Federal home loan banks, and the sale, issuance, and
retirement of, or payment of interest on, debentures or bonds, under the
Federal Home Loan Bank Act, as amended, shall be considered as
nonadministrative expenses for the purposes hereof: Provided further.
//12 USC 1428a note.// That members and alternates of the Federal
Savings and Loan Advisory Council shall be entitled to reimbursement
from the Board as approved by the Board for transportation expenses
incurred in attendance at meetings of or concerned with the work or such
Council and may be paid in lieu of subsistence per diem not to exceed
the dollar amount set forth in 5 U. S.C. 5703(d)(1): Provided further,
That expenses of any functions of supervision (except of Federal home
loan banks) vested in or exercisable by the Board shall be considered as
nonadministrative expenses: Provided further, That not to exceed $1,000
shall be available for official reception and representation expenses:
Provided further, That, notwithstanding any other provisions of this
Act, except for the limitation in amount hereinbefore specified, the
administrative expenses and other obligations of the Board shall be
incurred, allowed, and paid in accordance with the provisions of the
Federal Home Loan Bank Act of July 22, 1932, as amended (12 U.S.C. 1421
- 1449): Provided further, That the nonadministrative expenses (except
such part as the Board determines not to be field expense, which part
shal be treated as if expenses of supervision and examination were not
as such excluded from administrative expense, and except those included
in the first proviso hereof) for the supervision and examination of
Federal and State chartered institutions (other than special
examinations determined by the Board to be necessary) shall not exceed
$19,585,000.
Not to exceed $3,650,000 shall be available for administrative
expenses of the Federal Home Loan Bank Board with respect to the period
July 1, 1976, through September 30, 1976, and the provisions of the
paragraph next preceding this paragraph shall be applicable in the same
manner and to the same extent as if such period were a fiscal year,
except that the dollar amount last set forth in said paragraph shall
with respect to said period by $4,900,000.
Not to exceed $820,000 shall be available for administrative
expenses, which shall be on an accrual basis and shall be exclusive of
interest paid, depreciation, properly capitalized expenditures, expenses
in connection with liquidation of insured institutions or activities
relating to section 406(c), 407, or 408 of the National Housing Act,
//12 USC 1729 - 1730a.// liquidation or handling of assets of or derived
from insured institutions, payment of insurance, and action for or
toward the avoidance, termination, or minimizing of losses in the case
of insured institutions, legal fees and expenses and payments for
expenses of the Federal Home Loan Bank Board determined by said Board to
be properly allocable to said Corporation, and said Corporation may
utilize and may make payments for services and facilities of the Federal
home loan banks, the Federal Reserve banks, the Federal Home Loan Bank
Board, the Federal Home Loan Mortgage Corporation, and other agencies of
the Government: Provided, That, notwithstanding any other provisions of
this Act, except for the limitation in amount hereinbefore specified,
the administrative expenses and other obligations of said Corporation
shall be incurred, allowed, and paid in accordance with title IV of the
Act of June 27, 1934, as amended (12 U.S.C. 1724 - 1730b).
Not to exceed $203,000 shall be available for administrative expenses
of the Federal Savings and Loan Insurance Corporation with respect to
the period July 1, 1976, through September 30, 1976, and the provisions
of the paragraph next preceding this paragraph shall be applicable in
the same manner and to the same extent as if such period were a fiscal
year.
Sec. 401. Where appropriations in titles I and II of this Act are
expendable for travel expenses of employees and no specific limitation
has been placed thereon, the expenditures for such travel expenses may
not exceed ten per centum above the amounts set forth therefor in the
budget estimates submitted for the appropriations: Provided, That this
section shall not apply to travel performed by uncompensated officials
of local boards and appeal boards of the Selective Service System; to
travel performed directly in connection with care and treatment of
medical beneficiaries of the Veterans Administration; or to payments to
interagency motor pools where separately set forth in the budget
schedules: Provided further, That the limitation may be increased by
the Secretary when necessary to allow for travel performed by employees
of the Department of Housing and Urban Development as a result of
increased Federal Housing Administration inspection and appraisal
workload.
Sec. 402. Appropriations and funds available for the administrative
expenses of the Department of Housing and Urban Development and the
Selective Service System shall be available in the current fiscal year
for purchase of uniforms, or allowances therefor, as authorized by law
(5 U.S.C. 5901 - 5902); hire of passenger motor vehicles; and services
as authorized by 5 U.S.C. 3109.
Sec. 403. Funds made available for the Department of Housing and
Urban Development under title III of this Act shall be available,
without regard to the limitations on administrative expenses, for legal
services on a contract or fee basis, and for utilizing and making
payment for services and facilities of Federal National Mortgage
Association, Government National Mortgage Association, Federal Home Loan
Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal home loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as amended
(12 U.S.C. 1811 - 1831).
Sec. 404. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share in
the cost of conducting research resulting from proposals for projects
not specifically solicited by the Government: Provided, That the extent
of cost sharing by the recipient shall reflect the mutuality of interest
of the grantee or contractor and the Government in the research.
Sec. 405. 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 Service Act of 1949, //40 USC
490.// as amended, for space and services.
Sec. 406. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein, except as provided in Section 204 of the
Supplemental Appropriation Act, 1975 //88 Stat. 1784.// (P.L. 93 - 554).
Sec. 407. No part of the funds appropriated under this Act may be
used by the Environmental Protection Agency to administer or promulgate,
directly or indirectly, any program to tax, limit or otherwise regulate
parking that is not specifically required pursuant to subsequent
legislation.
Sec. 408. None of the funds provided by this Act shall be used to
deny or fail to act upon, on the basis of noise contours set forth in an
Air Installation Caompatible Use Zone Map, an otherwise acceptable
application for Federal Housing Administration mortgage insurance in
connection wiht construction in an area zoned for residential use in
Merced County, California.
Sec. 409. No funds appropriated by this Act may be expended--,
(1) pursuant to a certification of an officer or employee of
the United States unless--,
(A) such certification is accompanied by, or is part of, a
voucher or abstract which describes the payee or payees and the
items or services for which such expenditure is being made, or
(B) the expenditure of funds pursuant to such certification,
and without such a voucher or abstract, is specifically authorized
by law; and
(2) unless such expenditure is subject to audit by the General
Accounting Office or is specifically exempt by law from such an
audit.
This Act may be cited as the " Department of Housing and Urban
Development--Independent Agencies Appropriation Act, 1976".
legislative HISTORY:
HOUSE REPROTS: No. 94 - 313 (comm. on Appropriations) and No. 94 -
502 (Comm. of Conference).
SENATE REPORT No. 94 - 326 (Comm. on Appropriations).
Congressional Record, Vol 121 (1975):
June 24, considered and passed House.
July 26, considered and passed Senate, amended.
Oct. 3, House agreed to conference report; concurred in Senate
amendments with amendments; Senate ageed to conference report;
concurred in House amendments.
Public Law 94-115, 89 Stat 580
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That all right, title,
and interest of the United States in and to the following described
land, and improvements thereon, are hereby declared to be held by the
United States in trust for the pueblo of Laguna:
Township 9 north, range 3 west, section 30, northwest quarter and
south half, containing 480 acres, more or less;
Township 9 north, range 3 west, section 11, lots 1, 2, 3, 4, and 5,
containing 9.65 acres, more or less;
Township 9 north, range 3 west, section 12, lots 1 and 2, containing
3.68 acres, more or less;
Township 9 north, range 3 west, section 14, lots 1 and 2, containing
4.72 acres, more or less;
Township 9 north, range 3 west, section 23, lots 1 and 2, containing
9.16 acres, more or less;
Township 9 north, range 3 west, section 26, lots 1 and 2, containing
9.28 acres, more or less; and
Township 9 north, range 3 west, section 35, lots 1 and 2, containing
3.41 acres, more or less.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 478 accompanying H.R. 4804 (comm. on Nterior
and Insular Affairs).
SENATE REPORT No. 94 - 147 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 21, considered and passed Senate,
Oct. 6, considered and passed House, in lieu of H.R. 4804.
Public Law 94-114, 89 Stat. 577.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) except as
hereinafter provided, all of the right, title, and interest of the
United States of America in all of the land, and the improvements now
thereon, that was acquired under title II of the National Industrial
Recovery Act of June 16, 1933 (48 Stat. 200) //25 USC 459.//, the
Emergency Relief Appropriation Act of April 8, 1935 (49 Stat. 115) //40
USC 401 - 411 a note.// , and section 55 of the Act of August 24, 1935
(49 Stat. 750, 781) //15 USC 724 - 728 note.// , and that are now
administered by the Secretary of the Interior for the use of benefit of
the Indian tribes identified in section 2 (a) of this Act, together with
all minerals underlying any such land whether acquired pursuant to such
Acts or otherwise owned by the United States, are hereby declared to be
held by the United States in trust for each of said tribes, and (except
in the case of the Cherokee Nation) shall be a part of the reservations
heretofore established for each of said tribes.
(b) The property conveyed by this Act shall be subject to the
appropriation or dispositon of any of the lands, or itherests therein,
within the Pine Ridge Indian Reservation, South Dakota, as authorized by
the Act of August 8, 1968 (82 Stat. 663) //16 USC 441j.// , and subject
to a reservation in the United States of a right to prohibit or restrict
improvements or structures on, and to continuously or intermittently
inundate or otherwise use, lands in sections 25 and 26, township 48
north, range 3 west, at Odanah, Wisconsin, in connection with the Bad
River flood control project as authorized by section 203 of the Act of
July 3, 1958 (72 Stat. 297, 311): Provided, That this Act shall not
convey the title to any part of the lands or any interest therein that
prior to enactment of this Act have been included int he authorized
water resources development projects in the Missouri River Basin as
authorized by section 203 of the Act of July 3, 1958 (72 Stat. 297,
311), as amended and supplemented: Proveded further, That such lands
included in Missouri River Basin projects shall be treated as former
trust lands are treated.
Sec. 2. //25 USC 459a.// (a) The lands, declared by section 1 of
this Act to be held in trust by the United States for the benefit of the
Indian tribes named in this section, are generally described as follows:
(Table Omitted).
(b) The Secretary of the Interior shall cause to be published in the
Federal Register the boundaries and descriptions of the lands conveyed
by this Act. The acreages set out in the preceding subsection are
estimates and shall not be construed as expanding or limiting the grant
of the United States as defined in section 1 of this Act.
Sec. 3. //25 USC 459b.// (a) All of the right, title, and interest
of the United States in all the minerals including gas and oil
underlying the submarginal lands declared to be held in trust for the
Stockbridge Munsee Indian Community by the Act of October 9, 1972 (86
Stat. 795), are hereby declared to be held by the United States in trust
for the Stockbridge Munsee Indian Community.
(b) Section 2 of said Act of October 9, 1972, is hereby repealed.
(c) Section 5 of the Act of October 13, 1972 (86 Stat. 806), relating
to the Burns Indian Colony is amended by striking the words "conveyed by
this Act" and inserting in lieu thereof the words "conveyed by section 2
of this Act".
Sec. 4. //25 USC 459c.// (a) Nothing in this Act shall deprive any
person of any existing valid right of possession, contract right,
interest, or title he may have in the land involved, or of any existing
right of access to public domain lands over and across the land ivolved,
as determined by the Secretary of the Interior. All existing mineral
leases, including oil and gas leases, which may have been issued or
approved pursuant to section 5 of the Mineral Leasing Act for Acquired
Lands of August 7, 1947 //30 USC 354.// (61 Stat. 913, 915), or the
Mineral Leasing Act of 1920 //30 USC 181 note.// (41 Stat. 437), as
amended prior to enactment of this Act, shall remain in force and effect
in accordance with the provisions thereof. All applications for mineral
leases, including oil and gas leases, pursuant to such Acts, pending on
the date of enactment of this Act and covering any of the minerals
conveyed by sections 1 and 3 of this Act shall be rejected and the
advance rental payments returned to the applicants.
(b) Subject to the provisions of subsection (a) of this section, the
property conveyed by this Act shall hereafter be administered in
accordance with the laws and regulations applicable to property held in
trust by the United States for Indian tribes, including but not limited
to the Act of May 11, 1938 (52 Stat. 347) //25 USC 396a.// , as amended.
Sec. 5. //25 USC 459d.// (a) Any and all gross receipts derived
from, or which relate to, the property conveyed by this Act, the Act of
July 20, 1956 (70 Stat. 581), the Act of August 2, 1956 (70 Stat. 941),
the Act of October 9, 1972 (86 Stat. 795), and section 1 of the Act of
October 13, 1972 (86 Stat. 806) //25 USC 465 note.// which were received
by the United States subsequent to its acquision by the United States
under the statutes cited in section 1 of this Act and prior to such
conveyance, from whatever source and for whatever purpose, including but
not limited to the receipts in the special fund of the Treasury as
required by section 6 of the Mineral Leasing Act for Acquired Lands of
August 7, 1947 (61 Stat. 913, 915) //30 USC 355.// , shall as of the
date of enactment of this Act be deposited to the credit of the Indian
tribe receiving such land and may be expended by the tribe for such
beneficial programs as the tribal governing body may determine:
Provided, That this section shall not apply to any such receipts
received prior to enactment of this Act from the leasing of public
domain minerals which were subject to the Mineral Leasing Act of 1920
(41 Stat. 437) //30 USC 181 note.// , as amended and supplemented.
(b) All gross receipts (including but not limited to bonuses, rents,
and royalties) hereafter derived by the United States from any contract,
permit or lease referred to in section 4 (a) of this Act, or otherwise,
shall be administered in accordance with the laws and regulations
applicable to receipts from property held in trust by the United States
for Indian tribes.
Sec. 6. All property conveyed to tribes pursuant to this Act and all
the receipts therefrom referred to in section 5 of this Act, shall be
exempt from Federal, State, and local taxation so long as such property
is held in trust by the United States. Any distribution of such
receipts to tribal members shall neither be considered as income or
resources of such members for purposes of any such taxation nor as
income, resources, or otherwise utilized as the basis for denying or
reducing the financial assistance or other benefits to which such member
or his household would otherwise be entitled to under the Social
Security Act or any other Federal or federally assisted program. //42
USC 301 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 480 accompanying H.R. 5778 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 94 - 377 (comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 19, considered and passed Senate.
Oct. 6, considered and passed House, amended, in lieu of H.R.
5778.
oct. 7, Senate concurred in House amendment.
PUBLIC LAW 94-113, 89 STAT. 576, FEDERAL RULES OF EVIDENCE,
Amendments.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That rule 801(d)(1) of
the Federal Rules of Evidence (88 Stat. 1938) is amended by adding at
the end thereof a new clause (C), as follows: "(C) one of
identification of a person made after perceiving him; or".
Sec. 2. This Act shall become effective on the fifteenth day after
the date of the enactment of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 355 (Comm. on the Judiciary).
SENATE REPORT No. 94 - 199 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 19, considered and passed Senate.
Oct. 6, considered and passed House, amended.
Oct. 7, Senate concurred in House amendments.
Public Law 94-112, 89 Stat. 575, Water Resources Council, Membership.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Water Resources
Planning Act of 1965 //42 USC 1962 note.// (79 Stat. 244, as amended) is
hereby further amended as follows:
(a) By deleting in section 101 //42 USC 1962a.// the words "the
Secretary of Health, Education, and Welfare," and inserting in lieu
thereof "the Secretary of Commerce, the Secretary of Housing and Urban
Development, the Secretary of Transportation, the Administrator of the
Environmental Protection Agency,".
(b) By deleting in section 105(a)(5) //42 USC 1962a-4.// the words
"to exceed $100 per diem for individuals" and inserting in iieu thereof
"in excess of the daily equivalent of the rate prescribed for grade
GS-18 under section 5332 of title 5 of the United States Code in the
case of individual experts or consultants;".
(c) By deleting in section 205(a)(4) //42 USC 1962b-4.// the words
"to exceed $100 per diem" and inserting in lieu thereof "in excess of
the daily equivalent of the rate prescribed for grade GS-18 under
section 5332 of title 5, United States Code,".
(d) By deleting in section 301(a) //42 USC 1962c.// the words "for
the next fiscal year beginning after the date of the enactment of this
Act, and for the nine succeeding fiscal years thereafter" and inserting
in lieu thereof "for fiscal years 1977 and 1978,".
(e) By deleting immediately after the phrase "(c) not to exceed" in
section 401(c) //42 USC 1962d.// the words "$3,500,000 annually for
fiscal years 1974 and 1975" and inserting in lieu thereof "a total of
$10,000,000 for fiscal years 1976 and 1977".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 504 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 408 accompanying S. 506 (Comm. on Interior and
Insular Affairs).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Oct. 6, considered and passed House.
Oct. 7, considered and passed Senate, in lieu of S. 506.
Public Law 94-111, 89 Stat. 574.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following
rescissions of budget authority contained in the message of the
President of July 26, 1975 (H. Doc. 94 - 225), are made pursuant to the
Impoundment Control Act of 1974, //31 USC 1301 note.// namely:
Contract authority under this head provided by Public Law 87 - 122
//75 Stat. 246.// for the fiscal year 1976 is rescinded in the amount of
$47,500,000.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 496 (Comm. on Appropriations).
SENATE REPORT No. 94 - 403 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 24, considered and passed Houses.
Oct. 2, considered and passed Senate.
Public Law 94-110, 89 Stat. 572.
Whereas an agreement signed on September 4, 1975, by the Government
//22 USC 2441 note.// of the Arab Republic of Egypt and the Government
of Israel may, when it enters into force, constitute a significant step
toward peace in the Middle East;
Whereas the President of the United States on September 1, 1975,
transmitted to the Government of the Arab Republic of Egypt and to the
Government of Israel identical proposals for United States participation
in an early-warging system, the text of which has been submitted to the
Congress, providing for the assignment of no more than two hundred
United States civilian personnel to carry out certain specified
noncombat functions and setting forth the terms and conditions thereof;
Whereas that proposal would permit the Government of the United
States to withdraw such personnel if it concludes that their safety is
jeopardized or that continuation of their role is no longer necessary;
and
Whereas the implementation of the United States proposal for the
early-warning system in Sinai may enhance the prospect of compliance in
good faith with the terms of the Egyptian-Israeli agreements and thereby
promote the cause of peace: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized to implement the " United States Proposal for the Early
Warning System in Sinai": //22 USC 2441 note.// Provided, however, That
United States civilian personnel assigned to Sinai under such proposal
shall be removed immediately in the event of an outbreak of hostilities
between Egypt and Israel or if the Congress by concurrent resolution
determines that the safety of such personnel is jeopardized or that
continuation of their role is no longer necessary. Nothing contained in
this resolution shall be construed as granting any authority to the
President with respect to the introduction of United States Armed Forces
into hostilities or into situations wherein involvement in hostilities
is clearly indicated by the circumstances which authority he would not
have had in the absence of this joint resolution.
Sec. 2. Any concurrent resolution of the type described in the first
section of this resolution //22 USC 2441 note.// which is introduced in
either House of Congress shall be privileged in the same manner and to
the same extent as a concurrent resolution of the type described in
section 5(c) of Public Law 93 - 148 is privileged under section 7 of
such law. //50 USC 1544, 1546.//
Sec. 3. The United States civilian personnel participating in the
early warning system in Sinai shall include only individuals who have
volunteered to participate in such system. //22 USC 2441 note.//
Sec. 4. Whenever United States civilian personnel, //22 USC 2441
note.// pursuant to this resolution, participate in an early warning
system, the President shall, so long as the participation of such
personnel continues, submit written reports to the Congress
periodically, but no less frequently than once every six months, on (1)
the status, scope, and anticipated duration of their participation, and
(2) the feasibility of ending or reducing as soon as possible their
participation by substituting nationals of other countries or by making
technological changes. The appropriate committees of the Congress shall
promptly hold hearings on each report of the President and report to the
Congress any findings, conclusions, and recommendations.
Sec. 5. The authority contained in this joint resolution to implement
the " United States Proposal for the Early Warning System in Sinai" does
not signify approval of the Congress of any other agreement,
understanding, or commitment made by the executive branch. //22 USC
2441 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 532 (Comm. on International Relations).
SENATE REPORT No. 94 - 415 accompanying S.J. Res. 138 (Comm. on
Foreign Relations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Oct. 8, considered and passed House.
Oct. 9, considered and passed Senate, in lieu of S.J. Res.
138.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 42:
Oct. 13, Presidential statement.
Public Law 94-109, 89 Stat. 571, Federal Insecticide, Fungicide, and
Rodenticide Act, Extention.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 27 of the
Federal Insecticide, Fungicide, and Rodenticide Act, //7 USC 136y.// as
amended (7 U.S.C. 136(y)), is amended by adding at the end of such
section the following: " There is hereby authorized to be appropriated
to carry out the provisions of this Act for the period beginning October
1, 1975, and ending November 15, 1975, the sum of $5,983,500.".
LEGISLATIVE HISTORY:
SENATE REPORT No. 94 - 383 (Comm. on Agriculture and Forestry).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 23, considered and passed Senate.
Sept. 30, considered and passed House, amended.
Oct. 2, Senate concurred in House amendment.
Public Law 94-108, 89 Stat. 570.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) item 907.80 of
the Appendix to the Tariff Schedules of the United States (19 U.S.C.
1202) is amended by striking out "9/30/75" and inserting in lieu thereof
"6/30/78". //19 USC 1202 note.//
(b) The amendment made by subsection (a) shall apply with respect to
articles entered, or withdrawn from warehouse, for consumption after
September 30, 1975.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 299 (Comm. on Ways and Means).
SENATE Report No. 94 - 342 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 24, considered and passed House.
Sept. 25, considered and passed Senate.
Public Law 94-107, 89 Stat. 546, Military Construction and Guard and
Reserve Forces Facilities Authorization Acts, 1976.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. The Secretary of the Army may establish or develop military
installations and facilities by acquiring, constructing, converting,
rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment for the following acquisition and construction:
Defense Support Activity (Fargo Building), Boston Massachusetts,
$8,000,000.
Fort Bragg, North Carolina, $13,214,000.
Fort Campbell, Kentucky, $13,680,000.
Fort Carson, Colorado, $10,732,000.
Fort Hood, Texas, $46,281,000.
Fort Sam Houston, Texas, $870,000.
Fort Lewis, Washington, $31,861,000.
Fort George G. Meade, Maryland, $2,892,000.
Fort Ord, California, $32,209,000.
Fort Polk, Louisiana, $54,361,000.
Fort Richardson, Alaska, $1,685,000.
Fort Riley, Kansas, $14,879,000.
Fort Stewart/ Hunter Army Airfield, Georgia, $39,480,000.
Fort Benning, Georgia, $44,212,000.
Fort Eustis, Virginia, $633,000.
Fort Gordon, Georgia, $6,945,000.
Fort Jackson, South Carolina, .14,546,000.
Fort Knox, Kentucky, $42,898,000.
Fort Lee, Virginia, $719,000.
Fort Mc Clellan, Alabama, $41,090,000.
Fort Rucker, Alabama, $13,239,000.
Fort Sill, Oklahoma, $15,772,000.
Fort Leonard Wood, Missouri, $4,984,000.
Aberdeen Proving Ground, Maryland, $7,000,000.
Aeronautical Depot Maintenance Center, Texas, $642,000.
Army Materials and Mechanics Research Center, Massachusetts,
$976,000.
Natick Laboratories, Massachusetts, $222,000.
Redstone Arsenal, Alabama, $1,571,000.
Sierra Army Depot, California, $1,160,000.
White Sands Missile Range, New Mexico, $3,715,000.
Yuma Proving Ground, Arizona, $778,000.
Fort Huachuca, Arizona, $7,517,000.
Camp Roberts, California, $415,000.
United States Military Academy, West Point, New York, $3,883,000.
Fort Detrick, Maryland, $972,000.
Walter Reed Army Medical Center, Washington, District of Columbia,
$3,580,000.
Various locations: Air Pollution Abatement, $5,779,000.
Various locations: Water Pollution Abatement, $51,961,000.
Various locations, $16,547,000.
Various locations, $31,963,000.
Various locations, $2,652,000.
Fort Buchanan, Puerto Rico, $2,480,000.
Fort Sherman, Canal Zone, $1,400,000.
Various locations, $9,281,000.
Various locations, $1,176,000.
Germany, various locations, $20,599,000.
Camp Darby, Italy, $3,589,000.
Various locations: For the United States share of the cost of
multilateral programs for the acquisition or construction of military
facilities and installations, including international military
headquarters, for the collective defense of the North Atlantic Treaty
Area, $80,000,000 and an additional $20,000,000 for the period July 1,
1976, through September 30, 1976. Within thirty days after the end of
each quarter, the Secretary of the Army shall furnish to the Committees
on Armed Services and on Appropriations of the Senate and House of
Representatives a description of obligations incurred as the United
States share of such multilateral programs.
Various locations, $34,000,000.
Sec. 102. The Secretary of the Army may establish or develop Army
installations and facilities by proceeding with construction made
necessary by changes in Army missions and responsibilities which have
been occasioned by (1) unforeseen security considerations, (2) new
weapons developments, or (3) new and unforeseen research and development
requirements, or (4) improved production schedules, if the Secretary of
Defense determines that deferral of such construction for inclusion in
the next Military Construction Authorization Act would be inconsistent
with interests of national security, and in connection therewith to
acquire, construct, convert, rehabilitate, or install permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment, in the total amount of
$10,000,000. The Secretary of the Army, or his designee, shall notify
the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public works undertaken
under this section, including those real estate actions pertaining
thereto. This authorization shall expire upon enactment of the fiscal
year 1977 Military Construction Authorization Act except for those
public works projects concerning which the Committees on Armed Services
of the Senate and House of Representatives have been notified pursuant
to this section prior to that date.
Sec. 103. (a) Public Law 88 - 390, as amended, is amended under the
heading " Inside the United States" in section 101 //78 Stat. 341.// as
follows:
(1) With respect to Letterman General Hospital, California, strike
out "$15,424,000" and insert in place thereof "$15,704,000".
(b) Public Law 88 - 390 as amended, is amended by striking out in
clause (1) of section 602 //84 Stat. 1208.// "$257,098,000" and
"$308,159,000" and inserting in place thereof "$257,378,000" and
"$308,439,000", respectively.
Sec. 104. (a) Public Law 90 - 110, as amended, is amended under the
heading " Inside the United States" in section 101 //81 Stat. 664.// as
follows:
With respect to Fort Lee, Virginia, //84 Stat. 1208.// strike out
"$2,575,000" and insert in place thereof "$3,615,000".
(b) Public Law 90 - 110, as amended, is amended by striking out in
clause (1) of section 802 //87 Stat. 664.// "$288,355,000" and
"$391,748,000" and inserting in place thereof "$289,395,000" and
"$392,788,000", respectively.
Sec. 105. (a) Public Law 92 - 145, as amended, is amended under the
heading " Inside the United States" in section 101 //85 Stat. 395.// as
follows:
With respect to Walter Reed Army Medical Center, District of
Columbia, strike out "$112,500,000" and insert in place thereof
"$134,652,000".
(b) Public Law 92 - 145, as amended, is amended by striking out in
clause (1) of section 702 //86 Stat. 1138.// "$363,626,000" and
"$405,607,000" and inserting in place thereof "$385,778,000" and
"$427,759,000", respectively.
Sec. 106. (a) Public Law 93 - 166, as amended, is amended under the
heading " Inside the United States" in section 101 //87 Stat. 661.// as
follows:
(1) With respect to Fort Polk, Louisiana, strike out "$29,276,000"
and insert in place thereof "$44,536,000".
(2) With respect to Eglin Air Force Base, Florida, strike out
"$2,950,000" and insert in place thereof "$3,461,000".
(3) With respect to Fort Rucker, Alabama, strike out "$3,987,000" and
insert in place thereof "$4,810,000".
(4) With respect to Fort Leonard Wood, Missouri, strike out
"$44,482,000" and insert in place thereof "$54,283,000".
(5) With respect to Aeronautical Depot Maintenance Center, Texas,
strike out "$6,284,000" and insert in place thereof "$7,353,000".
(6) With respect to Natick Laboratories, Massachusetts, strike out
"$466,000" and insert in place thereof "$617,000".
(7) With respect to White Sands Missile Range, New Mexico, strike out
"$3,843,000" and insert in place thereof "$6,339,000".
(8) With respect to Yuma Proving Ground, Arizona, strike out
"$6,472,000" and insert in place thereof "$7,991,000".
(b) Public Law 93 - 166, as amended, is amended by striking out in
clause (1) of section 602 //87 Stat. 679; 88 Stat. 1747.//
"$485,827,000" and "$599,927,000" and inserting in place thereof
"$517,457,000" and "$631,557,000", respectively.
Sec. 107. (a) Public Law 93 - 552 is amended under the heading "
Inside the United States" in section 101 //88 Stat. 1745.// as follows:
(1) With respect to Fort Benning, Georgia, strike out "$36,827,000"
and insert in place thereof "$37,156,000".
(2) With respect to Fort Jackson, South Carolina, strike out
"$19,078,000" and insert in place thereof "$21,296,000".
(b) Public Law 93 - 552 is amended under the heading " Outside the
United States" in section 101 as follows:
With respect to Fort Bucknew, Okinawa, strike out "$532,000" and
insert in place thereof "$944,000".
(c) Public Law 93 - 552 is amended by striking out in clause (1) of
section 602 //88 Stat. 1760.// "$491,695,000", "120,184,000", and
"$611,879,000" and inserting in place thereof "$494,215,000",
"$120,596,000", and "$614,811,000", respectively.
Sec. 201. The Secretary of the Navy may establish or develop military
installations and facilities by acquiring, constructing, converting,
rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment for the following acquisition and construction:
Naval Submarine Base, New London, Connecticut, $17,513,000.
Naval Weapons Station, Earle, New Jersey, $879,000.
Naval Underwater Systems Center, New London, Dresden, New York,
$150,000.
Naval District, Washington, District of Columbia, $400,000.
Naval Research Laboratory, Washington, District of Columbia,
$4,824,000.
National Naval Medical Center, Bethesda, Maryland, $100,000,000.
Uniformed Services University of the Health Sciences, Bethesda,
Maryland, $64,900,000.
Naval Ship Research Development Center, Carderock, Maryland,
$550,000.
Naval Surface Weapons Center, Dahlgren, Virginia, $2,375,000.
Fleet Combat Direction Systems Training Center, Atlantic, Dam Neck,
Virginia, $4,383,000.
Commander in Chief, Atlantic Fleet, Norfolk, Virginia, $4,246,000.
Naval Air Station, Oceana, Virginia, $3,293,000.
Naval Weapons Station, Yorktown, Virginia, $14,743,000.
Naval Air Station, Cecil Field, Florida, $2,557,000.
Naval Air Station, Jacksonville, Florida, $3,382,000.
Naval Station, Mayport, Florida, $3,169,000.
Naval Hospital, Orlando, Florida, $2,978,000.
Naval Training Center, Orlando, Florida, $5,588,000.
Naval Air Station, Pensacola, Florida, $4,282,000.
Naval Air Station, Whiting Field, Florida, $500,000.
charleston Naval Shipyard, Charleston, South Carolina, $2,748,000.
Fleet Ballistic Missile Submarine Training Center, Charleston, South
Carolina, $250,000.
Naval Station, Charleston, South Carolina, $2,100,000.
Polaris Missile Facility, Atlantic, Charleston, South Carolina,
$195,000.
Naval Personnel Center, New Orleans, Louisiana, $21,300,000.
Naval Support Activity, New Orleans, Louisiana, $1,856,000.
Naval Training Center, Great Lakes, Illinois, $10,448,000.
Navy Public Works Center, Great Lakes, Illinois, $1,151,000.
National Parachute Test Range, El Centro, California, $1,345,000.
Long Beach Naval Shipyard, Long Beach, California, $3,322,000.
Naval Air Station, Miramar, Califronia, $20,746,000.
Naval Air Station, North Island, California, $13,817,000.
Naval Electronics Laboratory Center, San Diego, California,
$3,795,000.
Naval Weapons Station, Concord, California, $264,000.
Naval Air Station, Moffett Field, California, $2,400,000.
Naval Air Station, Fallon, Nevada, $554,000.
Naval Regional Medical Center, Bremerton, Washington, $29,959,000.
Naval Air Station, Whidbey Island, Washington, $1,082,000.
Naval Station, Pearl Harbor, Hawaii, $7,078,000.
Naval Submarine Base, Pearl Harbor, Hawaii, $2,605,000.
Naval Communication Station, Honolulu, Wahiawa, Hawaii, $2,500,000.
Marine Corps Base, Camp Lejeune, North Carolina, $13,423,000.
Marine Corps Air Station, Cherry Point, North Carolina, $3,547,000.
Marine Corps Air Station, New River, North Carolina, $1,983,000.
Marine Corps Air Station, Beaufort, South Carolina, $2,782,000.
Marine Corps Air Station, Yuma, Arizona, $1,164,000.
Marine Corps Supply Center, Barstow, California, $700,000.
Marine Corps Base, Camp Pendleton, California, $9,480,000.
Marine Corps Air Station, El Toro, California, $2,000,000.
Marine Corps Base, Twentynine Palms, California, $3,159,000.
Marine Corps Air Station, Kaneohe Bay, Hawaii, $5,410,000.
Various locations: Trident facilities, $186,967,000, of which not
more than $7,000,000 shall be available for community impact assistance
as authorized by section 608 of Public Law 93 - 552.
Various locations: Air pollution abatement, $3,262,000.
Various locations: Water pollution abatement, $44,827,000.
Various locations, $28,828,000.
Various locations, $6,580,000.
Atlantic Fleet Weapons Range, Roosevelt Roads, Puerto Rico,
$2,128,000.
Naval Air Station, Bermunda, $78,000.
Naval Air Station, Guantanamo Bay, Cuba, $3,264,000.
Naval Station, Guantanamo Bay, Cuba, $450,000.
Naval Support Activity, Diego Garcia, Chagos Archipelago,
$13,800,000.
Naval Communication Station, Finegayan, Guam, Mariana Islands,
$1,200,000.
Various locations: Water Pollution Abatement, $250,000.
Sec. 202. The Secretary of the Navy may establish or develop Navy
installations and facilities by proceeding with construction made
necessary by changes in Navy missions and responsibilities which have
been occasioned by (1) unforeseen security considerations, (2) new
weapons developments, (3) new and unforeseen research and development
requirements, or (4) improved production schedules, if the Secretary of
Defense determines that deferral of such construction for inclusion in
the next Military Construction Authorization Act would be inconsistent
with interests of national security, and in connection therewith to
acquire, construct, convert, rehabilitate, or install permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment, in the total amount of
$10,000,000. The Secretary of the Navy, or his designee, shall notify
the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a decision to implement, of
the cost of construction of any public works undertaken under this
section, including those real estate actions pertaining thereto. This
authorization shall expire upon enactment of the fiscal year 1977
Military Construction Authorization Act, except for those public works
projects concerning which the Committees on Armed Services of the Senate
and House of Representatives have been notified pursuant to this section
prior to that date.
Sec. 203. (a) Public Law 90 - 408, as amended, is amended under the
heading " Inside the United States" in section 201 //82 Stat. 373.// as
follows:
(1) With respect to Naval Coastal Systems Laboratory, Panama City,
Florida, //87 Stat. 669.// strike out "$9,397,000" and insert in place
thereof $11,321,000".
(2) With respect to Naval Postgraduate School, Monterey, California,
//82 Stat. 376.// strike out "$1,847,000" and insert in place thereof
"$2,064,000".
(b) Public Law 90 - 408, //88 Stat. 751.// as amended, is amended by
striking out in clause (2) of section 802 "$244,059,000" and
"$250,924,000" and inserting in place therof "$246,200,000" and
"$253,065,000", respectively.
Sec. 204. (a) Public Law 91 - 511, as amended, is amended under the
heading " Inside the United States" in section 201 //84 //84 Stat.
1209.// as follows:
(1) With respect to OMEGA Navigation Station, Haiku, Oahu, Hawaii,
strike out "$3,162,000" and insert in place thereof "$3,762,000".
(b) Public Law 91 - 511, as amended, is amended by striking out in
clause (2) of section 602 //88 Stat. 1752.// "$247,869,000" and
"$275,007,000" and inserting in place thereof "$248,469,000" and
"$275,607,000", respectively.
Sec. 205. (a) Public Law 92 - 545, as amended, is amended under the
heading " Inside the United States" in section 201 //86 Stat. 1138.// as
follows:
(1) With respect to Naval Shipyard, Charleston, South Carolina,
strike out "$5,316,000" and insert in place thereof "$7,916,000".
(2) With respect to Naval Shipyard, Puget Sound, Bremerton,
Washington, strike out "$5,992,000" and insert in place thereof
"$7,792,000".
(b) Public Law 92 - 545, as amended , is amended by striking out in
clause (2) of section 702 //88 Stat. 1752.// "$488,493,000" and
"$533,410,000" and inserting in place thereof "$492,893,000" and
"$537,810,000", respectively.
Sec. 206. (a) Public Law 93 - 166, as amended, is amended under the
heading " Inside the United States" insection 201 //87 Stat. 664.// as
follows:
(1) With respect to Portsmouth Naval Shipyard, Portsmouth, Kittery,
Maine, strike out "$2,817,000" and insert in place thereof "$5,617,000".
(2) With respect to Naval Station, Norfolk, Virginia, strike out
"$18,183,000" and insert in place thereof "$20,472,000".
(3) With respect to Long Beach Naval Shipyard, Long Beach,
California, strike out "$6,808,000" and insert in place thereof
"$11,508,000".
(4) With respect to Navy Public Works Center, San Diego, California,
strike out "$2,471,000" and insert in place thereof "$5,982,000".
(5) With respect to Puget Sound Navy Shipyard, Bremerton, Washington,
strike out "$2,300,000" and insert in place thereof "$3,531,000".
(6) With respect to Naval Station, Pearl Harbor, Hawaii, strike out
"$4,060,000" and insert in place thereof "$4,824,000".
(7) With respect to Marine Corps Air Station, Cherry Point, North
Carolina, strike out "$1,821,000" and insert in place thereof
"$9,700,000".
(8) With respect to Marine Corps Air Station, New River, North
Carolina, strike out "$3,245,000" and insert in place thereof
"$6,755,000"9
(9) With respect to Marine Corps Supply Center, Barstow, California,
//88 Stat. 1752.// strike out "$6,210,000" and insert in place thereof
"$6,862,000".
(10) With respect to Marine Corps Air Station, Kaneohe Bay, Hawaii,
//87 Stat. 667.// strike out "$5,988,000" and insert in place thereof
"$6,495,000".
(b) Public Law 93 - 166, as amended, is amended by striking out in
clause (2) of section 602 //88 Stat. 17529// "$522,006,000" and
"580,839,000" and inderting in place thereof "$549,849,000" and
"$608,682,000", respectively.
Sec. 207. (a) Public Law 93 - 552 is amended under the heading "
Inside the United States" in section 201 //88 Stat. 1748.// as follows:
(1) With respect to Naval Air Station, Cecil Field, Florida, strike
out "$6,893,000" and insert in place thereof "$9,214,000".
(2) With respect to Naval Station, Mayport, Florida, strike out
"$3,239,000" and insert in place thereof "$3,654,000".
(3) With respect to Naval Air Station, Corpus Christi, Texas, strike
out "$1,830,000" and insert in place thereof "$5,430,000".
(4) With respect to Naval Air Station, Miramar, California, strike
out "$11,772,000" and insert in place thereof "$13,732,000".
(5) With respect to Naval Air Station, North Island, California,
strike out "$12,943,000" and insert in place thereof "$14,903,000".
(6) With respect to Naval Station, Adak, Alaska, strike out
"$7,697,000" and insert in place thereof "$10,642,000".
(7) With respect to Puget Sound Naval Shipyard, Bremerton,
Washington, strike out "$393,000" and insert in place thereof
"$623,000".
(8) With respect to Marine Corps Air Station, Kaneohe Bay, Hawaii,
strike out "$5,497,000" and insert in place thereof "$5,606,000".
(b) Public Law 93 - 552 is amended by striking out in clause (2) of
section 602 //88 Stat. 1760.// "$509,498,000" and "$550,956,000" and
inserting in place thereof "$523,038,000" and "$564,496,000",
respectively.
Sec. 301. The Secretary of the Air Force may establish or develop
military installations and facilities by acquiring, constructing,
converting, rehabilitating, or installing permanent or temporary public
works, including land acquisition, site preparation, appurtenances,
utilities, and equipment for the following acquisition and construction:
Tyndall Air Force Base, Panama City, Florida, $10,697,000.
Kelly Air Force Base, San Antonio, Texas, $4,366,000.
Mc Clellan Air Force Base, Sacramento, California, $3,461,000.
Newark Air Force Station, Newark, Ohio, $2,117,000.
Robins Air Force Base, Warner Robins, Georgia, $6,517,000.
Tinker Air Force Base, Oklahoma City, Oklahoma, $12,179,000.
Wright-Patterson Air Force Base, Dayton, Ohio, $8,038,000.
Edward Air Force Base, Muroc, California, $5,330,000.
Eglin Air Force Base, Valpariso, Florida, $8,390,000.
Kirtland Air Force Base, Albuquerque, New Mexico, $5,373,000.
Columbus Air Force Base, Columbus, Mississippi, $1,453,000.
Craig Air Force Base, Alabama, $419,000.
Keesler Air Force Base, Biloxi, Mississippi, $43,140,000.
lackland Air Force Base, San Antonio, Texas, $104,596,000.
Laughlin Air Force Base, Del Rio, texas, $11,017,000.
lowry Air Force Base, Denver, Colorado, $9,162,000.
Randolph Air Force Base, San Antonio, Texas, $5,128,000.
Vance Air Force Base, Enid, Oklahoma, $1,270,000.
Webb Air Force Base, Big Spring, Texas, $4,382,000.
Eielson Air Force Base, Fairbanks, Alaska, $471,000.
Elmendorf Air Force Base, Anchorage, Alaska, $568,000.
Various locations, $12,468,000.
Andrews Air Force Base, Camp Springs, Maryland, $6,906,000.
Bolling Air Force Base, Ashington, District of Columbia, $3,089,000.
Altus Air Force Base, Altus, Oklahoma, $996,000.
Mc Chord Air Force Base, Tacoma, Washington, $1,189,000.
Mc Guire Air Force Base, Wrightstown, New Jersey, $1,740,000.
Scott Air Force Base, Belleville, Illinois, $1,488,000.
Beale Air Force Base, Marysville, California, $3,590,000.
Carswell Air Force Base, Fort Worth, Texas, $1,992,000.
Fairchild Air Force Base, Spokane, Washington, $1,000,000.
Griffiss Air Force Base, Rome, New York, $372,000.
Kincheloe Air Force Base, Kinross, Michigan, $670,000.
Malmstrom Air Force Base, Great Falls, Montana, $662,000.
Offutt Air Force Base, Omaha, Nebraska, $1,437,000.
Plattsburgh Air Force Base, Plattsburgh, New York, $400,000.
Vandenberg Air Force Base, Lompoc, California, $2,696,000.
Wurtsmith Air Force Base, Oscoda, Michigan, $447,000.
Cannon Air Force Base, Clovis, New Mexico, $1,876,000.
George Air Force Base, Victorville, California, $3,646,000.
Langley Air Force Base, Hampton, Virginia, $1,336,000.
Luke Air Force Base, Glendale, Arizona, $439,000.
Mountain Home Air Force Base, Mountain Home, Idaho, $8,541,000.
Nellis Air Force Base, Las Vegas, Nevada, $990,000.
Seymour Johnson Air Force Base, Goldsboro, North Carolina, $612,000.
Various locations: Iar Pollution Abatement, $600,000.
Various locations: Water Pollution Abatement, $10,098,000.
Various locations, $43,952,000.
Various location, $9,866,000.
Various locations, $7,909,000.
Germany, $5,346,000.
United Kingdom, $13,524,000.
Various locations, $74,738,000.
Various locatons, $981,000.
Various locations, $2,666,000.
Vaious locations, $5,591,000.
Sec. 302. The Secretary of the Air Force may establish or develop
classified military installations and facilities by acquiring,
constructing, converting, rehabilitating, and installing permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment, in the total amount of
$3,982,000.
Sec. 303. The Secretary of the Air Force may establish or develop Air
Force installations and facilities by proceeding with construction made
necessary by changes in Air Force missions and responsibilities which
have been occasioned by (1) unforeseen security considerations, (2) new
weapons developments, (3) new and unforeseen research and development
requirements, or (4) improved production schedules, if the Secretary of
Defense determines that deferral of such construction for inclusion in
the next Military Construction Authorization Act would be inconsistent
with interests of national security, and in connection therewith to
acquire, construct, convert, rehabilitate, or install permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment in the total amount of
$10,000,000. The Secretary of the Air Force, or his designee, shall
notify the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public works undertaken
under this section, including those real estate actions pertaining
thereto. This authorization shall expire upon enactment of the fiscal
year 1977 Military Construction Authorization Act, except for those
public works projects concerning which the Committees on Armed Services
of the Senate and House of Representatives have been notified pursuant
to this section prior to that date.'
Sec. 304. (a) Section 301 of Public Law 91 - 511, //84 Stat. 1213.//
as amended, is amended under the heading " Inside the United States" as
follows:
(1) Under the subheading " AIR TRAINING COMMAND" with respect to
Laughlin Air Force Base, Del Rio, Texas, strike out "$310,000" and
insert in place thereof "$375,000".
(2) Under the subheading " AIR TRAINING COMMAND" with respect to
Reese Air Force Base, Lubbock, Texas, strike out "$1,047,000" and insert
in place thereof "$1,110,000".
(3) Under the subheading " AIR TRAINING COMMAND" with respect to Webb
Air Force Base, Big Spring, Texas, strike out "$349,000" and insert in
place thereof "$416,000".
(b) Public Law 91 - 511, as amended, is further amended by striking
out in clause (3) of section 602 //85 Stat. 404.// "$192,133,000" and
"$256,385,000" and inserting in place thereof $192,328,000" and
"$256,580,000", respectively.
Sec. 305. (a) Section 301 of Public Law 92 - 145, //85 Stat. 401.//
as amended, is amended under the heading " Inside the United States" as
follows:
(1) Under the subheading " AIR TRAINING COMMAND" with respect to
Lowry Air Force Base, Denver, Colorado, strike out "$8,435,000" and
insert in place thereof "$8,902,000".
(b) Public Law 92 - 145, as amended, is further amended by striking
out in clause (3) of section 702 //87 Stat. 672.// "$226,697,000" and
inserting in place thereof "$227,164,000" and "$248,027,000",
respectively.
Sec. 306. (a) Section 301 of Public Law 92 - 545, //86 Stat. 1143.//
as amended, is amended under the heading " Inside the United States" as
follows:
(1) Under the subheading " AIR FORCE SYSTEMS COMMAND" with respect to
Edwards Air Force Base, Muroc, California, strike out "$534,000" and
insert in place thereof "$828,000".
(b) Public Law 92 - 545, as amended, is further amended by striking
out in clause (3) of section 702 //87 Stat. 672.// "$234,125,000" and
"$292,683,000" and inserting in place thereof "$234,419,000" and
"$292,977,000", respectively.
Sec. 307. (a) Section 301 of Public Law 93 - 166, //87 Stat. 669.//
as amended, is amended under the heading " Inside the United States" as
follows:
(1) Under the subheading " STRATEGIC AIR COMMAND" with respect to
Kincheloe Air Force Base, Kinross, Michigan, strike out "$2,430,000" and
insert in place thereof "$2,893,000".
(b) Section 301 of Public Law 93 - 166, as amended, is amended under
the heading " Outside the United States" as follows:
(1) Under the subheading " UNITED STATES AIR FORCES IN EUROPE" with
respect to Germany, strike out "$5,181,000" and insert in place thereof
"$6,663,000".
(2) Under the subheading " UNITED STATES AIR FORCE SOUTHERN COMMAND"
with respect to Howard Air Force Base, Canal Zone, strike out "$927,000"
and insert in place thereof "$1,827,000".
(c) Public Law 93 - 166, as amended, is further amended by striking
out in clause (3) of section 602 //87 Stat. 679; 88 Stat. 1756.//
"$260,727,000", "$21,302,000" and "$283,029,000" and inserting in place
thereof "$261,190,000", "$23,684,000" and "$285,874,000", respectively.
Sec. 308. (a) Section 301 of Public Law 93 - 552, //87 Stat. 1752.//
is amended under the heading " Inside the United States" as follows:
(1) Under the subheading " AIR TRAINING COMMAND" with respect to
Reese Air Force Base, Lubbock, Texas, //88 Stat. 1753.// strike out
"$836,000" and insert in place thereof "$1,194,000".
(2) Under the subheading " AIR TRAINING COMMAND" with respect to Webb
Air Force Base, Big Spring, Texas, stike out "$776,000" and insert in
place thereof "$1,673,000".
(b) Public Law 93 - 552 is further amended by striking out in clause
(3) of section 602 //88 Stat. 1760.// "$307,786,000" and "$390,773,000"
and inserting in place thereof "$309,041,000" and "$392,028,000",
respectively.
Sec. 401. The Secretary of Defense may establish or develop military
installations and facilities by acquiring, constructing, converting,
rehabilitating, or installing permanent or temporary public works,
including land acquisition, site preparation, appurtenances, utilities,
and equipment, for defense agencies for the following acquisition and
construction:
Defense Mapping Agency Topographic Center, Bethesda, Maryland,
$195,000.
Defense Depot, Memphis, Tennessee, $377,000.
Defense Electronics Supply Center, Dayton, Ohio, $96,000.
Defense Fuel Support Point, Melville, Newport, Rhode Island,
$352,000.
Defense Fuel Support Point, Norwalk, California, $197,000.
Defense Property Disposal Office, Colorado Springs, Colorado,
$440,000.
Defense Property Disposal Office, Elmendorf, Alaska, $403,000.
Defense Property Disposal Office, Monterey, California, $635,000.
Defense Personnel Support Center, Philadelphia, Pennsylvania,
$1,400,000.
Fort George G. Meade, Maryland, $3,012,000.
Various locations: Air Pollution Abatement, $2,426,000.
Various locations: Water Pollution Abatement, $322,000.
Various locations, $175,000.
Johnston Atoll, $4,033,000.
Enewetak Auxiliary Airfield, $20,000,000.
Defense Property Disposal Office, Nuremberg, Germany, $500,000.
Defense Property Disposal Office, Seckenheim, Germany, $237,000.
Sec. 402. The Secretary of Defense may establish or develop
installations and facilities which he determines to be vital to the
security of the United States, and in connection therewith to acquire,
construct, convert, rehabilitate, or install permanent or temporary
public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment in the total amount of
$10,000,000. The Secretary of Defense, or his designee, shall notify
the Committees on Armed Services of the Senate and House of
Representatives, immediately upon reaching a final decision to
implement, of the cost of construction of any public works undertaken
under this section, including real estate actions pertaining thereto.
Sec. 403. (a) Public Law 92 - 545, as amended, is amended under the
heading " Inside the United States" under the subheading " DEFENSE
SUPPLY AGENCY" in section 401 //86 Stat. 1146.// as follows:
With respect to Defense General Supply Center, Richmond, Virginia,
strike out "$1,171,000" and insert in place thereof "$1,365,000".
(b) Public Law 92 - 545, as amended, is amended by striking out in
clause (4) of section 702 "$33,004,000" and inserting in place thereof
"$33,198,000".
Sec. 404. (a) Public Law 93 - 166, as amended, is amended under the
heading " Defense Supply Agency" in section 401 //87 Stat. 673.// as
follows:
With respect to " Defense Depot, Tracy, California", strike out
"$747,000" and insert in place thereof "$1,384,000".
(b) Public Law 93 - 166, //87 Stat. 679.// as amended, is amended by
striking out in clause (4) of section 602 "$10,000,000" and inserting in
place thereof "$10,637,000".
Sec. 501. (a) The Secretary of Defense, or his designee, is
authorized to construct or acquire sole interest in existing family
housing units in the numbers and at the locations hereinafter named, but
no family housing construction shall be commenced at any such locations
in the United States until the Secretary shall have consulted with the
Secretary of the Department of Housing and Urban Development as to the
availability of suitable private housing at such locations. If
agreement cannot be reached with respect to the availability of suitable
private housing at any location, the Secretary of Defense shall notify
the Committees on Armed Services of the Senate and the House of
Representatives, in writing, of such difference of opinion, and no
contract for construction at such location shall be entered into for a
period of thirty days after such notification has been given. This
authority shall include the authority to acquire land, and interests in
land, by gift, purchase, exchange of Government-owned land, or
otherwise.
(b) With respect to the family housing units authorized to be
constructed by this section, the Secretary of Defense is authorized to
acquire sole interest in privately owned or Department of Housing and
Urban Development held family housing units in lieu of constructing all
or a portion of the family housing authorized by this section if he, or
his designee, determines such action to be in the best interests of the
United States; but any family housing units acquired under authority of
this subsection shall not exceed the cost limitations specified in
section 502 of this Act or the limitations on size specified in section
2684 of title 10, United States Code. In no case may family housing
units be acquired under this subsection through the exercise of eminent
domain authority; and in no case may family housing units other than
those authorized by this section be acquired in lieu of construction
unless the acquisition of such units is hereafter specifically
authorized by law.
(c) The Department of the Army, two thousand one hundred units,
$73,500,000:
Fort Ord, California, three hundred and fifty units.
Fort Stewart/ Hunter Army Airfield, Georgia, seven hundred and
fifty units.
Fort Polk, Louisiana, one thousand units.
(d) The Department of the Navy, six hundred and seventy-eight units,
$23,730,000:
Naval Facility, Nantucket, Massachusetts eighteen units.
Marine Corps Base, Camp Lejeune, North Carolina, two hundred
and fifty units.
Naval Complex, Bangor, Washington, four hundred units.
Naval Radio Station, Sugar Grove, West Virginia, ten units.
Sec. 502. (a) Authorizations for the construction of family housing
provided in section 501 of this Act shall be subject, under such
regulations as the Secretary of Defense may prescribe, to the
limitations on cost prescribed in subsections (b) and (c), which shall
include shades, screens, ranges, refrigerators, and all other installed
equipment and fixtures, the cost of the family unit, design,
supervision, inspection, overhead, the proportionate costs of land
acquisition, site preparation, and installation of utilities.
(b) The average unit cost for all units of family housing constructed
in the United States (other than Alaska and Hawaii) shall not exceed
$35,000 and in no event shall the cost of any unit exceed $51,000.
(c) When family housing units are constructed in areas other than
those areas specified in subsection (b), the average cost of all such
units shall not exceed $45,000, and in no event shall the cost of any
unit exceed $51,000.
(d) Notwithstanding the limitations contained in prior Military
Construction Authorization Acts on cost of construction of family
housing, the limitations on such cost contained in this section shall
apply to all prior authorizations for construction of family housing not
heretofore repealed and for which construction contracts have not been
executed prior to the date of enactment of this Act.
Sec. 503. The Secretary of Defense, or his designee, is authorized to
accomplish alterations, additions, expansions, or extensions not
otherwise authorized by law, to existing public quarters at a cost not
to exceed--,
(1) for the Department of the Army, $35,000,000;
(2) for the Department of the Navy, $34,230,000, including
$7,200,000 for energy conservation projects;
(3) for the Department of the Air Force, $51,000,000, including
$16,000,000 for energy conservation projects; and
(4) for the Defense Supply Agency, $127,000.
Sec. 504. (a) The Secretary of Defense or his designee, is authroized
to construct or otherwise acquire at the locations hereinafter named
family housing units not subject to the limitations on such cost
contained in section 502 of this Act. This authority shall include the
authority to acquire land, and interests in land, by gift, purchase,
exchange of Government-owned land, or otherwise. Total costs shall
include shades, screens, ranges, refrigerators, and other installed
equipment and fixtures, the cost of the family unit, and the costs of
land acquisition, site preparation, design, supervision, inspection,
overhead, and installation of utilities.
(b)(1) Three family housing units are authorized in Cairo, Egypt, at
a total cost not to exceed $180,000. Such units shall be funded by use
of excess foreign currency when so provided in Department of Defense
Appropriation Acts.
(2) Two hundred and fifty units are authorized at Naval Base,
Keflavik, Iceland, at a total cost not to exceed $17,500,000.
Sec. 505. The Secretary of Defense, or his designee, is authorized to
accomplish repairs and improvements to existing public quarters in
amounts in excess of the $15,000 limitation prescribed in section 610
(a) of Public Law 90 - 110, //87 Stat. 675.// as amended (81 Stat. 279,
305), as follows:
Fort Mc Clellan, Alabama, twenty-six units, $465,900.
Fort Richardson, Alaska, two hundred and eight units,
$4,000,000.
Fort Mc Nair, Washington, District of Columbia, five units,
$195,000.
Fort Sill, Oklahoma, thirty-two units, $654,400.
Fort Eustis, Virginia, one hundred and eighty-five units,
$3,140,000.
Fort Lewis, Washington, one hundred and thrity-six units,
$2,503,000.
Naval Station, Adak, Alaska, thirty-six units, $665,000.
Public Works Center, Pearl Harbor, Hawaii, one hundred and
forty-five units, $2,500,000.
Marine Corps Recruit Depot, Parris Island, South Carolina, one
hundred and seventy-eight units, //83 Stat. 313.// $2,685,800.
Sec. 506. (a) Section 515 of Public Law 84 - 161 (69 Stat. 324, 352),
//10 USC 2674 note.// as amended, is further amended by (1) striking out
" During fiscal years 1975 and 1976", and (2) revising the third
sentence to read as follows: " Expenditures for the rental of such
housing facilities, including the cost of utilities and maintenance and
operation, may not exceed: For the United States (other than Alaska,
Hawaii, and Guam) and Puerto Rico, an average of $245 per month for each
military department, or the amount of $325 per month for any one unit;
and for Alaska, Hawaii, and Guam, an average of $310 per month for each
military department, or the amount of $385 per month for any one unit.".
(b) Section 507(b) of Public Law 93 - 166 (87 Stat. 661, 676), is
amended by striking out "$355", "$625", and "twelve thousand" in the
first sentence, and inserting in lieu thereof "$380", "$670", and
"fifteen thousand", respectively.
Sec. 507. There is authorized to be appropriated for use by the
Secretary of Defense, or his designee, for military family housing as
authorized by law for the following purposes:
(1) for construction or acquisition of sole interest in family
housing, including demolition, authorized improvements to public
quarters, minor construction, relocation of family housing, rental
guarantee payments, and planning an amount not to exceed
$208,207,000, including $1,900,000 for the period July 1, 1976,
through September 30, 1976.
(2) for support of military family housing, including operating
expenses, leasing, maintenance of real property, payments of
principal and interest on mortgage debts incurred, payment to the
Commodity Credit Corporation, and mortgage insurance premiums
authorized under section 222 of the National Housing Act, as
amended (12 U.S.C. 1715m), an amount not to exceed $1,434,676,000,
including $308,739,000 for the period July 1, 1976, through
September 30, 1976.
Sec. 508. Section 509 of Public Law 93 - 552 (88 Stat. 1745, 1759),
is hereby amended by changing the period to a comma and by adding
"except as authorized by the Secretary of Defense, or his designee, for
unusual circumstances resulting from excessive noise, adverse
environmental conditions, or health of the occupants.".
Sec. 601. The Secretary of each military department may proceed to
establish or develop installations and facilities under this Act without
regard to section 3648 of the Revised Statutes, as amended (31 U.S.C.
529), and sections 4774 and 9774 of title 10, United States Code. The
authority to place permanent or temporary improvements on land includes
authority for surveys, administration, overhead, planning, and
supervision incident to construction. That authority may be exercised
before title to the land is approved under section 355 of the Revised
Statutes, as amended (40 U.S.C. 255), and even though the land is held
temporarily. The authority to acquire real estate or land includes
authority to make surveys and to acquire land, and interests in land
(including temporary use), by gift, purchase, exchange of
Government-owned land, or otherwise.
Sec. 602. There are authorized to be appropriated such sums as may be
necessary for the purposes of this Act, but appropriations for public
works projects authorized by titles, I, II, III, IV, and V, shall not
exceed--,
(1) for title I: Inside the United States, $596,515,000;
outside the United States, $172,525,000; or a total of
$769,040,000.
(2) for title II: Inside the United States, $684,339,000;
outside the United States, $21,170,000; or a total of
$705,509,000.
(3) for title III: Inside the United States, $379,041,000;
outside the United States, $102,846,000; section 302, $3,982,000;
or a total of $485,869,000.
(4) for title IV: A total of $44,800,000.
(5) for title V: Military Family Housing, $1,642,883,000.
Sec. 603. (a) Except as provided in subsections (b) and (c), any of
the amounts specified in titles I, II, III, and IV of this Act may, at
the discretion of the Secretary of the military department concerned or
Director of the defense agency concerned, be increased by 5 per centum
when inside the United States (other than Hawaii and Alaska), and by 10
per centum when outside the United States or in Hawaii and Alaska, if he
determines that such increase (1) is required for the sole purpose of
meeting unusual variations in cost, and (2) could not have been
reasonably anticipated at the time such estimate was submitted to the
Congress.
(b) When the amount named for any construction or acquisition in
title I, II, III, or IV of this Act involves only one project at any
military installation and the Secretary of the military department or
Director of the defense agency concerned determines that the amount
authorized must be increased by more than the applicable percentage
prescribed in subsection (a), he may proceed with such construction or
acquisition if the amount of the increas does not exceed by more than 25
per centum the amount named for such project by the Congress.
(c) When the Secretary of Defense determines that any amount named in
title I, II, III, or IV of this Act must be exceeded by more than the
percentages permitted in subsections (a) and (b) to accomplish
authorized construction or acquisition, the Secretary of the military
department concerned or Director of the defense agency concerned may
proceed with such construction or acquisition after a written report of
the facts relating to the increase of such amount, including a statement
of the reasons for such increase, has been submitted to the Committees
on Armed Services of the Senate and House of Representatives, and either
(1) thirty days have elapsed from date of submission of such report, or
(2) both committees have indicated approval of such construction or
acquisition. Notwithstanding the provisions in prior military
construction authorizations Acts, the provisions of this subsection
shall apply to such prior Acts.
(d) Notwithstanding the foregoing provisions of this section, the
total cost of all construction and acquisition in each such title may
not exceed the total amount authorized to be appropriated in that title.
(e) No individual project authorized under title I, II, III, or IV of
this Act for any specifically listed military installation for which the
current working estimate is $400,000 or more may be placed under
contract if--,
(1) the approved scope of the project is reduced in excess of
25 per centum; or
(2) the current working estimate, based upon bids received, for
the construction of such project exceeds by more than 25 per
centum the amount authorized for such project by the Congress,
until a written report of the facts relating to the reduced scope
or increased cost of such project, including a statement of the
reasons for such reduction in scope or increase in cost has been
submitted to the Committees on Armed Services of the Senate and
House of Representatives, and either (A) thirty days have elapsed
from date of submission of such report, or (B) both committees
have indicated approval of such reduction in scope or increase in
cost as the case may be.
(f) The Secretary of Defense shall submit an annual report to the
Congress identifying each individual project which has been placed under
contract in the preceding twelve-month period and with respect to which
the then current working estimate of the Department of Defense based
upon bids received for such project exceeded the amount authorized by
the Congress for that project by more than 25 per centum. The Secretary
shall also include in such report each individual project with respect
to which the scope was reduced by more than 25 per centum in order to
permit contract award within the available authorization for such
project. Such report shall include all pertinent cost information for
each individual project, including the amount in dollars and percentage
by which the current working estimate based on the contract price for
the project exceeded the amount authorized for such project by the
Congress.
Sec. 604. Contracts for construction made by the United States for
performance within the United States and its possessions under this Act
shall be executed under the jurisdiction and supervision of the Corps of
Engineers, Department of the Army, or the Naval Facilities Engineering
Command, Department of the Navy, or such other department or Government
agency as the Secretaries of the military departments recommend and the
Secretary of Defense approves to assure the most efficient, expeditious,
and cost-effective accomplishment of the construction herein authorized.
The Secretaries of the military departments shall report annually to
the President of the Senate and the Speaker of the House of
Representatives a breakdown of the dollar value of construction
contracts completed by each of the several construction agencies
selected together with the design, construction suppervision, and
overhead fees charged by each of the several agents in the execution of
the assigned construction. Further, such contracts (except architect
and engineering contracts which, unless specifically authorized by the
Congress shall continue to be awarded in accordance with presently
established procedures, customs, and practice) shall be awarded, insofar
as practicable, on a competitive basis to the lowest responsible bidder,
if the national security will not be impaired and the award is
consistent with chapter 137 of title 10, United States Code. //10 USC
2301 et seq.// The Secretaries of the military departments shall report
annually to the President of the Senate and the Speaker of the House of
Representatives with respect to all contracts awarded on other than a
competitive basis to the lowest responsible bidder. Such reports shall
also show, in the case of the ten architect-engineering firms which, in
terms of total dollars, were awarded the most business; the names of
such firms; the total number of separate contracts awarded each such
firm; and the total amount paid or to be paid in the case of each such
firm under all such contracts awarded such firm.
Sec. 605. (a) As of January 1, 1977, all authorizations for military
public works, including family housing, to be accomplished by the
Secretary of a military department in connection with the establishment
or development of installations and facilities, and all authorizations
for appropriations, therefor, that are contained in titles I, II, III,
IV, and V of the Act of December 27, 1974, Public Law 93 - 552 (88 Stat.
1745), and all such authorizations contained in Acts approved before
December 28, 1974, and not superseded or otherwise modified by a later
authorization are repealed except--,
(1) authorizations for public works and for appropriations
therefor that are set forth in those Acts in the titles that
contain the general provisions;
(2) authorizations for public works projects as to which
appropriated funds have been obligated for construction contracts,
land acquisition, or payments to the North Atlantic Treaty
Organization, in whole or in part before January 1, 1977, and
authorizations for appropriations therefor.
(b) Notwithstanding the repeal provisions of section 605 of the Act
of December 27, 1974, Public Law 93 - 552 (88 Stat. 1745, 1761),
authorizations for the following items shall remain in effect until
January 1, 1978:
(A) Barracks with mess construction in the amount of $535,000
at Camp A.P. Hill, Virginia, that is contained in title I, section
101 of the Act of November 29, 1973 (87 Stat. 661), as amended.
(B) Barracks with mess construction in the amount of $476,000
at Camp Pickett, Virginia, that is contained in title I, section
101 of the Act of November 29, 1973 (87 Stat. 661), as amended.
(C) Military Police barracks with support facilities
construction in the amount of $1,831,000 and confinement facility
construction in the amount of $6,287,000 at Fort Leonard Wood,
Missouri, that is contained in title I, section 101 of the Act of
November 29, 1973 (87 Stat. 661), as amended.
(D) Barracks complex construction in the amount of $8,622,000
at Fort Ord, California, that is contained in title I, section 101
of the Act of November 29, 1973 (87 Stat. 662), as amended. //88
Stat. 1745.//
(E) Barracks construction in the amount of $2,965,000 at
Aberdeen Proving Ground, Maryland, that is contained in title I,
section 101 of the Act of November 29, 1973 (87 Stat. 662), as
amended.
(F) Barracks with mess construction in the amount of $466,000
at Natick Laboratories, Massachusetts, that is contained in title
I, section 101 of the Act of November 29, 1973 (87 Stat. 662), as
amended.
(G) Barracks without mess construction in the amount of
$3,060,000 at Fort Greely, Alaska, that is contained in title I,
section 101 of the Act of November 29, 1973 (87 Stat. 662), as
amended.
(H) Relocate weapons ranges from Culebra Complex in the amount
of $12,000,000 for the Atlantic Fleet Weapons Range, Roosevelt
Roads, Puerto Rico, that is contained in title II, section 204 of
the Act of November 29, 1973 (87 Stat. 668), as amended.
(I) Authorization for acquisition of lands in support of the
Air Installation Compatible Use Zones at Various Locations not
limited to those in the original project in the amount of
$12,000,000 that is contained in title III, section 301 of the Act
of October 25, 1972 (86 Stat. 1145), as amended by section 605(3)
(K) of the Act of December 27, 1974 (88 Stat. 1762), as amended.
(J) Authorization for acquisition of lands in support of the
Air Installation Compatible Use Zones at Various Locations not
limited to those identified in the original project in the amount
of $18,000,000 that is contained in title III, section 301 of the
Act of November 29, 1973 (87 Stat. 671), as amended.
Sec. 606. None of the authority contained in titles I, II, III, and
IV of this Act shall be deemed to authorize any building construction
projects inside the United States in excess of a unit cost to be
determined in proportion to the appropriate area construction cost
index, based on the following unit cost limitations where the area
construction index is 1.0:
(1) $35 per square foot for permanent barracks;
(2) $37 per square foot for bachelor officer quarters;
unless the Secretary of Defense, or his designee, determines that
because of special circumstances, application to such project of the
limitations on unit costs contained in this section is impracticable.
Notwithstanding the limitations contained in prior Military Construction
Authorization Acts on unit costs, the limitations on such costs
contained in this section shall apply to all prior authorizations for
such construction not heretofore repealed and for which construction.
contracts have not been awarded by the date of enactment of this Act.
Sec. 607. Chapter 159 of title 10, United States Code, is amended:
(1) By striking out "$300,000" in the item relating to section 2674
//10 USC 2674.// in the chapter analysis and inserting "$400,000" in
place thereof.
(2) By striking out "$300,000" in the catchline of section 2674 and
inserting "$400,000" in place thereof.
(3) By striking out the figures "$300,000", "$100,000", and
"$50,000", in section 2674(b) and inserting "$400,000", "$200,000", and
"$75,000", respectively, in place thereof.
(4) By striking out the figure "$50,000" in sections 2674(a) and (e)
and inserting "$75,000" in place thereof.
(5) By striking out "quarterly" in section 2662(b) //10 USC 2662.//
and inserting in place thereof "annually".
(6) By striking out section 2662(c) and inserting in place thereof
the following:
"(c) This section applies only to real property in the United States,
Puerto Rico, Guam, the American Virgin Islands, American Samoa, and the
Trust Territory of the Pacific Islands. It does not apply to real
property for river and harbor projects or flood control projects, or to
leases of Government-owned real property for agricultual or grazing
purposes or to any real property acquisition specifically authorized in
a Military Construction Authorization Act.".
(7) By adding the following new subsection to section 2667 //10 USC
2667.// ;
"(f) Notwithstanding clause (3) of subsection (a), real property and
associated personal property, which have been determined excess as the
result of a defense installation realignment or closure, may be leased
to State or local governments pending final disposition of such property
if--,
"(1) The Secretary concerned determines that such action would
facilitate State or local economic adjustment efforts, and
"(2) the Administrator of the General Services Administration
concurs in the action.".
(8) By adding after section 2672 a new section as follows:
" Sec. 2672a. Acquisition: interests in land when need is urgent
//10 USC 2672a.//
" The Secretary of a military department may acquire any interest in
land that--,
"(1) he or his designee determines is needed in the interest of
national defense;
"(2) is required to maintain the operation integrity of a
military installation; and
"(3) considerations of urgency do not permit the delay
necessary to include the required acquisition in an annual
Military Construction Authorization Act.
Appropriations available for military construction may be used for the
purposes of this section. The authority to acquire an interest in land
under this section includes authority to make surveys and acquire
interests in land (including temporary use), by gift, purchase, exchange
of land owned by the United States, or otherwise. The Secretary of a
military department contemplating action under this provision will
provide notice, in writing, to the Armed Services Committees of the
Senate and House of Representatives at least 30 days in advance of any
action being taken.".
(9) By inserting in the chapter analysis
"2672a. Acquisition: interests in land when need is urgent."
immediately below
"2672. Acquisition: interests in land when cost is not more than
$50,000.".
(10) By striking from the chapter analysis and the catchline relating
to section 2675 //10 USC 2675.// the second colon and all that follows.
(11) By striking the following words from the first sentence of
section 2675: "that are not located on a military base and".
INCREASES FOR SOLAR HEATING SOLAR COOLING EQUIPMENT
Sec. 608. In addition to all other authorized variations of cost
limitations or floor area limitations contained in this Act or prior
Military Construction Authorization Acts, the Secretary of Defense, or
his designee, may permit increases in the cost limitations or floor area
limitations by such amounts as may be necessary to equip any projects
with solar heating and/or solar cooling equipment.
Sec. 609. The Secretary of the Navy or his designee is authorized and
directed to convey to the Guam Power Authority, an agency of the
Government of Guam, without monetary consideration, but subject to such
reservations and terms and conditions as the Secretary of the Navy or
his designee should determine to be necessary to protect the interests
of the United States, all rights, titles, and interests of the United
States, in and to those certain parcels of real property situated at
Cabras Island, Territory of Guam, known and identified as lot 257 and
lot 261, containing 63.58 acres, more or less.
Sec. 610. (a) The Secretary of the Army is authorized and directed to
convey to the Board of Regents of the University System of Georgia,
subject to the provisions of this Act, all of the right, title, and
interest of the United States in and to a parcel of land, with
improvements thereon, lying and being situated in Richmond County, city
of Augusta, State of Georgia, more particularly described as follows:
Beginning at a chiseled X in concrete at the intersection of the
south line of Walton Way with the west line of Katherine Street; thence
along the west line of Katherine Street, south 02 degrees 27 minutes 55
seconds west 288.29 feet to a point 1 foot south of cyclone fence;
thence along a line 1 foot south of and parallel to a cyclone fence,
north 85 degrees 31 minutes 15 seconds west 227.32 feet to a point 1
foot east of a cyclone fence; thence along a line parallel to and 1
foot east of a cyclone fence south 04 degrees 19 minutes 50 seconds west
233.05 feet to a point; thence along a line 1 foot south of a parrallel
to a cyclone fence, north 85 degrees 19 minutes 27 seconds west 305.74
feet to a point 0.60 foot west of a cyclone fence; thence along a line
parallel to and 0.60 foot west of a cyclone fence, north 04 degrees 59
south side of Walton Way; thence along the south side of Walton Way,
south 85 degrees 30 minutes 15 seconds east 517.62 feet to the point of
beginning, and containing 5.09 acres, more or less.
(b) The conveyance authorized by this section shall be made upon
payment to the United States of not less than the appraised fair market
value of the land and the improvements thereon, as determined by the
Secretary of the Army, or the sum of $662,000 whichever is the greater,
and upon such terms, conditions, reservations, and restrictions as the
Secretary of the Army shall deem necessary to protect the interests of
the United States.
(c) The money received by the United States for the lands conveyed
under this section shall be credited to a special account in the
Treasury and shall be available, without fiscal year limitation, for the
construction of a United States Army Reserve Training Center on lands
owned by the United States at the intersection of Jackson and
Wrightsboro Roads, Augusta, Georgia.
(d) The cost of any surveys necessary as an incident to the
conveyance authorized by this section shall be borne by the Board of
Regents of the University System of Georgia.
Sec. 611. Titles I, II, III, IV, V, and VI of this Act may be cited
as the " Military Construction Authorization Act, 1976".
Sec. 701. Subject to chapter 133 of title 10, United States Code,
//10 USC 2231 et seq.// the Secretary of Defense may establish or
develop additional facilities for the Guard and Reserve Forces,
including the acquisition of land therefor, but the cost of such
facilities shall not exceed--,
(1) For the Department of the Army:
(A) Army National Guard of the United States, $54,745,000.
(B) Army Reserve, $44,459,000.
(2) For the Department of the Navy: Naval and Marine Corps
Reserves, $34,800,000.
(3) For the Department of the Air Force:
(A) Air National Guard of the United States, $55,100,000.
(B) Air Force Reserve, $16,500,000.
Sec. 702. The Secretary of Defense may establish or develop
installations and facilities under this title without regard to section
3648 of the Revised Statutes, as amended (31 U.S.C. 529), and sections
4774 and 9774 of title 10, United States Code. The authority to place
permanent or temporary improvements on lands includes authority for
surveys, administration, overhead, planning, and supervision incident to
construction. That authority may be exercised before title to the land
is approved under section 355 of the Revised Statutes, as amended (40
U.S.C. 255), and even though the land is held temporarily. The
authority to acquire real estate or land includes authority to make
surveys and to acquire land, and interests in land (including temporary
use), by gift, purchase, exchange of Government-owned land, or
otherwise.
Sec. 703. Chapter 133 of title 10, United States Code, //10 USC
2233a.// is amended by striking out the figure "$25,000" in paragraph
(2) of section 2233a, and inserting the figure "$50,000" in place
thereof.
sec. 704. This title may be cited as the " Guard and Reserve Forces
Facilities Authorization Act, 1976".
LEGISLATIVE history:
HOUSE REPORTS: No. 94 - 293 accompanying H.R. 5210 (Comm. on Armed
Services) and No. 94 - 483 (Comm. of Conference).
SENATE REPORTS: No. 94 - 157 (Comm. on Armed Services) and No. 94 -
376 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 121 (1975):
June 9, considered and passed Senate.
July 28, considered and passed House, amended, in lieu of H.R.
5210.
Sept. 24, House agreed to conference report.
Sept. 29, Senate agreed to conferece report.
Public Law 94-106, 89 Stat. 531, Department of Defense Appropriation
Authorization Act, 1976.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. Funds are hereby authorized to be appropriated during the
fiscal year 1976 for the use of the Armed Forces of the United States
for procurement of aircraft, missiles, naval vessels, tracked combat
vehicles, torpedoes, and other weapons, as authorized by law, in amounts
as follows:
For aircraft: for the Army, $337,500,000; for the Navy and the
Marine Corps, $2,997,800,000; for the Air Force, $4,119,000,000, of
which amount not to exceed $64,000,000 is authorized for the procurement
of only long lead items for the B-1 bomber aircraft. None of the funds
authorized by this Act may be obligated or expended for the purpose of
entering into any production contract or any other contractual
arrangement for production of the B-1 bomber aircraft unless the
production of such aircraft is hereafter authorized by law. The funds
authorized in this Act for long lead items for the B-1 bomber aircraft
do not constitute a production decision or a commitment on the part of
Congress for the future production of such aircraft.
For missiles: for the Army, $431,000,000; for the Navy,
$990,400,000; for the Marine Corps, $52,900,000; for the Air Force,
$1,765,000,000, of which $265,800,000 shall be used only for the
procurement of Minuteman III missiles.
For Naval vessels: for the Navy, $3,899,400,000.
For tracked combat vehicles: for the Army, $864,000,000, of which
$379,400,000 shall be used only for the procurement of M-60 series
tanks; for the Marine Corps, $101,500,000.
For torpedoes and related support equipment: for the Navy,
$189,500,000.
For other weapons: for the Army, $74,300,000; for the Navy,
$17,700,000; for the Marine Corps, $100,000.
Sec. 201. Funds are hereby authorized to be appropriated during the
fiscal year 1976 for the use of the Armed Forces of the United States
for research, development, test, and evaluation, as authorized by law,
in amounts as follows:
For the Army, $2,028,933,000;
For the Navy (including the Marine Corps), $3,318,649,000;
for the Air Force, $3,737,001,000; and
For the Defense Agencies, $588,700,000 of which $25,000,000 is
authorized for the activities of the Director of Test and
Evaluation, Defense.
Sec. 301. (a) For the fiscal year beginning July 1, 1975, and ending
June 30, 1976, each component of the Armed Forces is authorized an end
strength for active duty personnel as follows:
(1) The Army, 785,000;
(2) The Navy, 528,651;
(3) The Marine Corps, 196,303;
(4) The Air Force, 590,000.
(b) The end strength for active duty personnel prescribed in
subsection (a) of this section shall be reduced by 9,000. Such
reduction shall be apportioned among the Army, Navy, including the
Marine Corps, and the Air Force in such numbers as the Secretary of
Defense shall prescribe. The Secretary of Defense shall report to
Congress within 60 days after the date of enactment of this Act on the
manner in which this reduction is to be apportioned among the Armed
Forces and shall include the rationale for each reduction.
Sec. 401. (a) For the fiscal year beginning July 1, 1975, and ending
June 30, 1976, the Selected Reserve of each Reserve component of the
Armed Forces shall be programed to attain an average strength of not
less than the following;
(1) The Army National Guard of the United States, 400,000;
(2) The Army Reserve, 219,000;
(3) The Naval Reserve, 106,000;
(4) The Marine Corps Reserve, 32,481;
(5) The Air National Guard of the United States, 94,879;
(6) The Air Force Reserve, 51,789;
(7) The Coast Guard Reserve, 11,700.
(b) The average strength prescribed by subsection (a) of this
section for the Selected Reserve of any Reserve component shall be
proportionately reduced by (1) the total authorized strength of
units
organized to serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at any time during
the fiscal year; and (2) the total number of individual members not in
units organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at any
time during the fiscal year. Whenever such units or such individual
members are released from active duty during any fiscal year, the
average strength prescribed for such fiscal year for the Selected
Reserve of such Reserve component shall be proportionately increased by
the total authorized strength of such units and by the total number of
such individual members.
Sec. 501. (a) For the fiscal year beginning July 1, 1975, and ending
June 30, 1976, the Department of Defense is authorized an end strength
for civilian personnel of 1,058,000.
(b) The end strength for civilian personnel prescribed in subsection
(a) of this section shall be apportioned among the Department of the
Army, the Department of the Navy, including the Marine Corps, the
Department of the Air Force, and the agencies of the Department of
Defense (other than the military departments) in such numbers as the
Secretary of Defense shall prescribe. The Secretary of Defense shall
report to the Congress within 60 days after the date of enactment of
this Act on the manner in which the allocation of civilian personnel is
made among the military departments and the agencies of the Department
of Defense (other than the military departments) and shall include the
rationale for each allocation.
(c) In computing the authorized end strength for civilian personnel
there shall be included all direct-hire and indirect-hire civilian
personnel employed to perform military functions administered by the
Department of Defense (other than those performed by the National
Security Agency) whether employed on a full-time, part-time, or
intermittent basis, but excluding special employment categories for
students and disadvantage youth such as the stay-in-school campaign, the
temporary summer aid program and the Federal junior fellowship program
and personnel participating in the worker-trainee opportunity program.
Whenever a function, power, or duty, or activity is transferred or
assigned to a department or agency of the Department of Defense from a
department or agency outside of the Department of Defense or from a
department or agency within the Department of Defense, the civilian
personnel end strength authorized for such departments or agencies of
the Department of Defense affected shall be adjusted to reflect any
increases or decreases in civilian personnel required as a result of
such transfer or assignment.
(d) When the Secretary of Defense determines that such action is
necessary in the national interest, he may authorize the employment of
civilian personnel in excess of the number authorized by subsection (a)
of this section but such additional number may not exceed one-half of
one per centum of the total number of civilian personnel authorized for
the Department of Defense by subsection (a) of this section. The
Secretary of Defense shall promptly notify the Congress of any
authorization to increase civilian personnel strength under the
authority of this subsection.
Sec. 601. (a) For the fiscal year beginning July 1, 1975, and ending
June 30, 1976, each component of the Armed Forces is authorized an
average military training student load as follows:
(1) The Army, 83,101;
(2) THE Navy, 69,513;
(3) The Marine Corps, 26,489;
(4) The Air Force, 51,225;
(5) The Army National GUARD of the United States, 9,788;
(6) The Army Reserve, 7,359;
(7) The Naval Reserve, 1,661;
(8) The Marine Corps Reserve, 2,769;
(9) The Air National Guard of the United States, 1,952; and
(10) The Air Force Reserve, 810.
(b) The average military training student loads for the Army, the
Navy, the Marine Corps, and the Air Force and the Reserve components
prescribed in subsection (a) of this section for the fiscal year ending
June 30, 1976, shall be adjusted consistent with the manpower strengths
provided in titles III, IV, and V of this Act. Such adjustment shall be
apportioned among the Army, the Navy, the Marine Corps, and the Air
Force and the Reserve Components in such manner as the Secretary of
Defense shall prescribe.
Sec. 701. Procurement.--Funds are hereby authorized to be
appropriated for the period July 1, 1976, to September 30, 1976, for the
use of the Armed Forces of the United States for procurement of
aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes,
and other weapons, as authorized by law, in amounts as follows:
For aircraft: for the Army, $59,400,000; for the Navy and the
Marine Corps, $585,500,000; for the Air Force, $858,000,000, of which
amount not to exceed $23,000,000 is authorized for the procurement of
only long lead items for the B-1 bomber aircraft.
For missiles: for the Army, $56,500,000; for the Navy,
$308,600,000; for the Marine Corps, $10,700,000; for the Air Force,
$252,200,000.
For naval vessels: for the Navy, $474,200,000.
For tracked combat vehicles: for the Army, $245,300,0008 of which
$133,000,000 shall be used only for the procurement of M-60 series
tanks; for the Marine Corps, $400,000.
For torpedoes and related support equipment: for the Navy,
$19,200,000.
For other weapons: for the Army, $9,700,000; for the Navy,
$1,400,000.
Sec. 702. Research, Development, Test, and Evaluation.--Funds are
hereby authorized to be appropriated for the period July 1, 1976, to
September 30, 1976, for the use of the Armed Forces of the United States
for research, development, test, and evaluation, as authorized by law,
in amounts as follows:
For the Army, $513,326,000;
For the Navy (including the Marine Corps), $849,746,000;
For the Air Force, $965,783,000; and
For the Defense Agencies, $144,768,000, of which $5,000,000 is
authorized for the activities of the Director of Test and
Evaluation Defense.
Sec. 703. Active Forces.--(a) For the period beginning July 1, 1976,
and ending September 30, 1976, each component of the Armed Force is
authorized an end strength for active duty personnel as follows:
(1) The Army, 793,000;
(2) The Navy, 535,860;
(3) The Marine Corps, 196,498;
(4) The Air Force, 590,000.
(b) The end strength for active duty personnel prescribed in
subsection (a) of this section shall be reduced by 9,000. Such
reduction shall be apportioned among the Army, Navy, including the
Marine Corps, and Air Force in such numbers as the Secretary of Defense
shall prescribe. The Secretary of Defense shall report to Congress
within 60 days after the date of enactment of this Act on the manner in
which this reduction is to be apportioned among the Armed Forces and
shall include the rationale for each reduction.
Sec. 704. Reserve Forces.--(a) For the period beginning July 1, 1976,
and ending September 30, 1976, the Selected Reserve of each Reserve
component of the Armed Forces shall be programed to attain an average
strength of not less than the following:
(1) The Army National Guard of the United States,
400,000;
(2) The Army Reserve, 219,000;
(3) The Naval Reserve, 106,000;
(4) The Marine Corps Reserve, 33,013;
(5) The Air National Guard of the United States, 94,543;
(6) The Air Force Reserve, 53,642;
(7) The Coast Guard Reserve, 11,700.
(b) The average strength prescribed by subsection (a) of this section
for the Selected Reserve of any Reserve component shall be
proportionately reduced by (1) the total authorized strength of units
organized to serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at any time during
the period; and (2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such component
who are on active duty (other than for training or for unsatisfactory
participation in training) without their consent at any time during the
period. Whenever such units or such individual members are released for
active duty during the period, the average strength for such period for
the Selected Reserve of such Reserve component shall be proportionately
increased by the total authorized strength of such units and by the
total number of such individual members.
Sec. 705. Civilian Personnel.--(a) For the period beginning July 1,
1976, and ending September 30, 1976, the Department of Defense is
authorized an end strength for civilian personnel of 1,064,400.
(b) The end strength for civilian personnel prescribed in subsection
(a) of this section shall be apportioned among the Department of the
Army, the Department of the Navy, including the Marine Corps, the
Department of the Air Force, and the agencies of the Department of
Defense (other than the military departments) in such numbers as the
Secretary of Defense shall prescribe. The Secretary of Defense shall
report to the Congress within 60 days after the date of enactment of
this Act on the manner in which the allocation of civilian personnel is
made among the military departments and the agencies of the Department
of Defense (other than the military departments) and shall include the
rationale for each allocation.
(c) In computing the authorized end strength for civilian personnel
there shall be included all direct-hire and indirect hire civilian
personnel employed to perform military functions administered by the
Department of Defense (other than those performed by the National
Security Agency) whether employed on a full-time, part-time, or
intermittent basis, but excluding special employment categories for
students and disadvantaged youth such as the stay-in-school campaign,
the temporary summer aid program and the Federal junior fellowship
program and personnel participating in the worker-trainee opportunity
program. Whenever a function, power, or duty or activity is transferred
or assigned to a department or agency of the Department of Defense from
a department or agency outside of the Department of Defense or from a
department or agency within the Department of Defense, the civilian
personnel end strength authorized for such departments or agencies of
the Department of Defense affected shall be adjusted to reflect any
increases or decreases in civilian personnel required as a result of
such transfer or assignment.
(d) When the Secretary of Defense determines that such action is
necessary in the national interest, he may authorize the employment of
civilian personnel in excess of the number authorized by subsection (a)
of this section, but such additional number may not exceed one-half of 1
per centum of the total number of civilian personnel authorized for the
Department of Defense by subsection (a) of this section. The Secretary
of Defense shall promptly notify the Congress of any authorization to
increase civilian personnel strength under the authority of this
subsection.
Sec. 706. Military Training Student Loads.--(a) For the period
beginning July 1, 1976, and ending September 30, 1976, each component of
the Armed Forces is authorized an average military training student load
as follows:
(1) The Army, 75,185;
(2) The Navy, 70,571;
(3) The Marine Corps, 26,788;
(4) The Air Force, 52,280;
(5) The Army National Guard of the United States, 9,481;
(6) The Army Reserve, 5,518;
(7) The Naval Reserve, 2,106;
(8) The Marine Corps Reserve, 4,088;
(9) The Air National Guard of the United States, 2180; and
(10) The Air Force Reserve, 836.
(b) The average military training student loads for the Army, the
Navy, the Marine Corps, and the Air Force and the Reserve components
prescribed in subsection (a) of this section for the period beginning
July 1, 1976, and ending September 30, 1976, shall be adjusted
consistent with the manpower strengths provided in sections 703, 704,
and 705 of this Act. Such adjustment shall be apportioned among the
Army, the Navy, the Marine Corps, and the Air Force and the Reserve
components in such manner as the Secretary of Defense shall prescribe.
Sec. 801. (a) Section 138 of title 10, United States Code, is amended
as follows:
(1) Subsection (a) of such section is amended--,
(A) by striking out "or" at the end of paragraph (4);
(B) by inserting "or" after the semicolon at the end of
paragraph (5); and
(C) by inserting immediately after paragraph (5) the following
new paragraph:
"(6) military construction (as defined in subsection (e) of
this section;".
(2) Such section is amended by adding at the end thereof the
following new subsection:
"(e) For purposes of subsection (a)(6) of this section, the term
'military construction' includes any construction, development,
conversion, or extension of any kind which is carried out with respect
to any military facility or installation (including any Government-owned
or Government-leased industrial facility used for the production of
defense articles and any facility to which section 2353 of this title
applies) but excludes any activity to which section 2673 or 2674, or
chapter 133, of this title apply, or to which section 406( a) of Public
Law 85 - 241 (71 Stat. 556) applies.". //42 USC 1594i.//
(b) The amendment provided by paragraph (2) of subsection (a) //10
USC 138 note.// above with respect to funds not heretofore required to
be authorized shall only apply to funds authorized for appropriation for
fiscal year 1977 and thereafter.
Sec. 802. (a) The second sentence of section 511(d) of title 10,
United States Code, is amended by striking out "four months" and
inserting in lieu thereof "twelve weeks".
(b) Section 671 of title 10, United States Code, is amended by
striking out "four months" and inserting in lieu thereof "twelve weeks".
(c) The sixth paragraph of section 4(a) of the Military Selective
Service Act (50 U.S.C. App. 454(a)) is amended by striking out "four
months" each time it appears in such paragraph and inserting in lieu
thereof in each case "twelve weeks".
(d) The third sentence of section 6(c)(2)(A) of the Mimlitary
Selective Service Act (50 U.S.C. APP. 456(c)(2)(A)) is amended by
striking out "four consecutive months" and inserting in lieu thereor
"twelve consecutive weeks".
Sec. 803. (a) Notwithstanding any other provision of law, in the
administration of chapter 403 of title 10, United States Code //10 USC
4342 note.// (relating to the United States Military Academy), chapter
603 of such title (relating to the United States Naval Academy), and
chapter 903 of such title (relating to the United States Air Force
Academy), the Secretary of the military department concerned shall take
such action as may be necessary and appropriate to insure that (1)
female individuals shall be eligible for appointment and admission to
the service academy concerned, beginning with appointments to such
academy for the class beginning in calendar year 1976, and (2) the
academic and other relevant standards required for appointment,
admission, training, graduation, and commissioning of female individuals
shall be the same as those required for male individuals, except for
those minimum essential adjustments in such standards required because
of physiological differences between male and female individuals.
(b) Title 10, United States Code, is amended as follows:
(1) Sections 4342, 6954, and 9342 are each amended by striking
out the word "sons" wherever it appears therein and inserting in
place thereof in each instance the word "children".
(2) Section 6956(d) is amended by striking out the word "men"
wherever it appears therein and inserting in place thereof in each
instance the word "members".
(c) It is the sense of Congress that, subject to the provisions of
subsection (a), //10 USC 4342.// the Secretaries of the military
departments shall, under the direction of the Secretary of Defense,
continue to exercise the authority granted them in chapters 403, 603 and
903 of title 10, United States Code, but such authority must be
exercised within a program providing for the orderly and expeditious
admission of women to the academies, consistent with the needs of the
services, with the implementation of such program upon enactment of this
Act.
Sec. 804. (a) Chapter 4 of title 10, United States Code, is amended
by adding the following new section after section 139 and inserting a
corresponding item in the chapter analysis:
" Sec. 140. Emergencies and extraordinary expenses //10 USC 140.//
"(a) Subject of the limitations of subsection (c) of this section,
and within the limitation of appropriations made for the purpose, the
Secretary of Defense and the Secretary of a military department within
his department, may provide for any emergency or extraordinary expense
which cannot be anticipated or classified. When it is so provided in
such an appropriation, the funds may be spent on approval or authority
of the Secretary concerned for any purpose he determines to be proper,
and such a determination is final and conclusive upon the accounting
officers of the United States. The Secretary concerned may certify the
amount of any such expenditure authorized by him that he considers
advisable not to specify, and his certificate is sufficient voucher for
the expenditure of that amount.
"(b) The authority conferred by this section may be delegated by the
Secretary of Defense to any person in the Department of Defense or by
the Secretary of a military department to any person within his
department, with or without the authority to make successive
redelegations.
"(c) In any case in which funds are expended under the authority of
subsections (a) and (b) of this section, the Secretary of Defense shall
submit a report of such expenditures on a quarterly basis to the
Committees on Armed Services and Appropriations of the Senate and the
House of Representatives.".
(b) Section 7202 of title 10, Unites States Code, and the
corresponding item in the analysis of such chapter are repealed.
Sec. 805. Section 139(b) of title 10, United States Code, is amended
by adding at the end thereof a new subsection as follows:
"(f) Notwithstanding any other provision of law, the monthly retired
or retainer pay of a member or a former member of an armed force who
initially became entitled to that pay on or after January 1, 1971, may
not be less than the monthly retired or retainer pay to which he would
be entitled if he had become entitled to retired or retainer pay at an
earlier date, adjusted to reflect any applicable increases in such pay
under this section. In computing the amount of retired or retainer pay
to which such a member would have been entitled on that earlier date,
the computation shall, subject to subsection (e) of this section, be
based on his grade, length of service, and the rate of basic pay
applicable to him at that time. This subsection does not authorize any
increase in the monthly retired or retainer pay to which a member was
entitled for any period prior to the effective date of this
subsection.".
Sec. 807. In any case in which funds are unavailable for the payment
of a claim arising under a contract entered into prior to July 1, 1974,
for the construction or conversion of any naval vessel, the Secretary of
the Navy is authorized to settle such claim, but the settlement thereof
shall be made subject to the authorization and appropriation of funds
therefor. The Secretary of the Navy shall promptly forward to the
Committees on Armed Services and Appropriations of the Senate and the
House of Representatives copies of all claim settlements made under this
section.
Sec. 808. Concurrent with the submission of the President's budget
for the fiscal year commencing October 1, 1976, the Secretary of Defense
shall submit a five-year naval ship new construction and conversion
program. Thereafter, concurrent with the annual submission of the
President's budget, the Secretary of Defense shall report to the
Committees on Armed Services of the Senate and the House of
Representatives any changes to such a five-year program as he deems
necessary for the current year, and for the succeeding years, based
upon, but not limited to, alterations in the defense strategy of the
United States and advances in defense technology. This section does not
in any way change existing law with respect to the annual authorization
of the construction and conversion of naval vessels.
Sec. 809. The restrictive language contained in section 101 of the
Department of Defense Appropriations Authorization Act, 1975 (Public Law
93 - 365), //88 Stat. 400.// and in section 101 of the Department of
Defense Appropriations Authorization Act, 1974 (Public Law 93 - 155),
//87 Stat. 605.// under the heading " Naval Vessels", which relates to
the use of funds for the DLGN nuclear guided missile frigate program,
shall not apply with respect to $101,000,000 of long lead funding
provided for in such Acts for the DLGN-42 nuclear guided missile
frigate. //10 USC 7291 note.//
Sec. 810. No funds authorized for appropriation to the Department of
Defense shall be obligated under a contract for any multiyear
procurement as defined in section I-322 of the Armed Services
Procurement Regulations (as in effect on September 26, 1972) where the
cancellation ceiling for such procurement is in excess of $5,000,000
unless the Congress, in advance, approves such cancellation ceiling by
statute.
Sec. 811. (a) Beginning with the quarter ending December 31, 1975,
the Secretary of Defense shall submit to the Congress within 30 days
after the end of each quarter of each fiscal year, //10 USC 139 note.//
written selected acquisition reports for those major defense systems
which are estimated to require the total cumulative financing for
research, development, test, and evaluation in excess of $50,000,000 or
a cumulative production investment in excess of $200,000,000. If the
reports received are preliminary then final reports are to be submitted
to the Congress within 45 days after the end of each quarter.
(b) Any report required to be submitted under subsection (a) shall
include, but not be limited to, the detailed and summarized information
included in reports required by section 139 of title 10, United States
Code.
Sec. 812. The Secretary of Defense, after consultation with the
Secretary of State, sahll prepare and submit to the committees on Armed
Services of the Senate and the House of Representatives a written annual
report on the foreign policy and military force structure of the United
States for the next fiscal year, //10 USC 133 note.// how such policy
and force structure relate to each other, and the justification for
each. Such report shall be submitted not later than January 31 of each
year.
Sec. 813. In the case of any letter of offer to sell or any proposal
to transfer defense articles which are valued at $25,000,000 or more
from the United States active forces' inventories, the Secretary of
Defense shall submit a report to the Congress //10 USC 133 note.//
setting forth--,
(1) the impact of such sales or transfers on the current
readiness of United States forces; and
(2) the adequacy of reimbursements to cover, at the time of
replenishment to United States' inventories, the full replacement
costs of those items sold or transferred.
Sec. 814. (a) It is the sense of the Congress that equipment,
procedures, ammunition, fuel and other military impedimenta for land,
air and naval forces of the United States stationed in Europe under the
terms of the North Atlantic Treaty should be standardized or made
interoperable with that of other members of the North Atlantic Treaty
Organization to the maximum extent feasible. In carrying out such
policy the Secretary of Defense shall, to the maximum feasible extent,
initiate and carry out procurement procedures that provide for the
acquisition of equipment which is standardized or interoperable with
equipment of other members of the North Atlantic Treaty Organization
whenever such equipment is designed primarily to be used by personnel of
the Armed Forces of the United States stationed in Europe under the
terms of the North Atlantic Treaty.
(b) The report required under section 302(c) of Public Law 93 - 365
//88 Stat. 401.// shall include a listing of the initiation of
procurement action on any new major system not in compliance with the
policy set forth in section (a).
(c) Section 302(c) of Public Law 93 - 365 is amended by deleting the
last two sentences and inserting in lieu thereof the following: " The
Secretary of Defense shall report annually, not later than January 31 of
each year, to the Congress on the specific assessments and evaluations
made under the above provisions as well as the results achieved with the
North Atlantic Treaty Organization allies.".
Sec. 815. Notwithstanding any other provision of law, the authority
provided in section 501 of Public Law 91 - 441 (84 Stat. 909) is hereby
extended until June 30, 1977; but no transfer of aircraft or other
equipment may be made under the authority of such section 501 unless
funds have been previously appropriated for such transfer.
Sec. 816. (a) The Armed Forces of the United States operate worldwide
in maintaining international peace and in protecting the interests of
the United States. //10 USC 2304 note.// It is essential to the
effective operation of the Armed Forces that they receive adequate
supplies of petroleum products. Citizens and nationals of the United
States and corporations organized or operation within the United States
enjoy the benefits of the United States flag and the protection of the
Armed Forces and owe allegiance to the United States. It is the purpose
of this section to provide a remedy for discrimination by citizens or
nationals of the United States or corporations organized or operating
within the United States, and by organizations controlled by them,
against the Department of Defense in the supply of petroleum products.
(b)(1) No supplier shall engage in discrimination (as defined in
subsection (e)(2) of this section) in the supply, either within or
outside the United States, of petroleum products for the Armed Forces of
the United States.
(2) The Secretary of Defense, whenever he has reason to believe that
there has been discrimination, shall immediately refer the matter to the
Attorney General of the United States who shall immediately institute an
investigation.
(c)(1) The several district courts of the United States are invested
with jurisdiction to prevent and restrain discrimination prohibited by
subsection (b)(1) of this section; and it shall be the duty of the
several United States attorneys, in their respective districts, under
the direction of the Attorney General, to institute proceedings to
prevent and restrain such discrimination. Such proceedings may be by
way of petitions setting forth the case and requesting that the
discrimination be enjoined or otherwise prohibited. Pending such
petition and before final decree, the court may at any time make such
temporary restraining order or prohibition as it determines appropriate
under the circumstances of the case.
(2) Whenever it shall appear to the court before which any proceeding
under paragraph (1) of this subsection may be pending, that the ends of
justice require that other parties should be brought before the court,
the court may cause them to be summoned, whether they reside in the
district in which the court is held or not; and subpenas to that end
may be served in any district by the marshal thereof.
(3) Any proceeding under paragraph (1) of this subsection against any
corporation may be brought not only in the judicial district in which it
is incorporated, but also in any district in which it may be found or
transacts business; and all process in such cases may be served in the
district in which it is incorporated, or wherever it may be found.
(4) In any proceeding brought in any district court of the United
States pursuant to this section, the Attorney General may file with the
clerk of such court a certificate of the Secretary of Defense that, in
his opinion, the proceeding is of critical importance to the effective
operation of the Armed Forces of the United States and that immediate
relief from the discrimination is necessary, a copy of which shall be
immediately furnished by such clerk to the chief judge of the circuit
(or, in his absence, the presiding circuit judge) in which the
proceeding is pending. Upon receipt of the copy of such certificate, it
shall be the duty of the chief judge of the circuit or the presiding
circuit judge, as the case may be, to designate immediately three judges
in such circuit, of whom at least one shall be a circuit judge, to hear
and determine such proceeding. Except as to causes which the court
considers to be of greater urgency, proceedings before any district
court under this section shall take precedence over all other causes and
shall be assigned for hearing and trial at the earliest practicable date
and expedited in every way.
(5) In every proceeding brought in any district court of the United
States under this section, an appeal from the final order of the
district court will be only to the Supreme Court.
(d)(1) For the purpose of any investigation instituted by the
Attorney General pursuant to subsection (b) of this section, he, or his
designee, shall at all reasonable times(A) have access to the premises
or property of, (B) have access to and the right to copy the books,
records, and other writings of, (C) have the right to take the sworn
testimony of, and (D) have the right to administer oaths and
affirmations to, any person as may be necessary or appropriate, in his
discretion, to the enforcement of this section and the regulations or
orders issued thereunder.
(2) The Attorney General shall issue rules and regulations insuring
that the authority of paragraph (1) of this subsection will be utilized
only after the scope and purpose of the investigation, inspection, or
inquiry to be made have been defined by competent authority, and it is
assured that no adequate and authoritative data are available from any
Federal or other responsible agency. In case of contumacy by, or
refusal to obey a subpena served upon, any person with respect to any
action taken by the Attorney General under paragraph (1) of this
subsection, the district court of the United States for any district in
which such person is found or resides or transacts business, upon
application by the Attorney General, shall have jurisdiction to issue an
order requiring such person to appear and give testimony or to appear
and produce documents, or both; and any failure to obey such order of
the court may be punished by such court as a contempt thereof.
(3) The production of any person's books, records, or other
documentary evidence shall not be required at any place other than the
place where such person usually keeps them, if, prior to the return date
specified in the regulations, subpena, or other document issued with
respect thereto, such person furnishes the Attorney General with a true
copy of such books, records, or other documentary evidence (certified by
such person under oath to be a true and correct copy) or enters into a
stipulation with the Attorney General as to the information contained in
such books, records, or other documentary evidence. Witnesses shall be
paid the same fees and mileage that are paid witnesses in the courts of
the United States.
(4) Any person who willfully performs any act prohibited, or
willfully fails to perform any act required, by paragraph (1) of this
subsection, or any rule, regulation, or order issued under paragraph (2)
of this subsection, shall upon conviction be fined not more than $1,000
or imprisoned for not more than one year or both.
(5) Information obtained under this section which the Attorney
General deems confidential or with reference to which a request for
confidential treatment is made by the person furnishing such information
shall not be published or disclosed unless the Attorney General
determines that the withholding thereof is contrary to the interest of
the national defense. Any person who willfully violates this subsection
shall, upon conviction, be fined not more than $10,000, or imprisoned
for not more than one year, or both. All information obtained by the
Attorney General under this section and which he deems confidential
shall not be published or disclosed, either to the public or to another
Federal agency, not including the Congress or any duly authorized
committee thereof in the performance of its functions, unless the
Attorney General determines that the withholding thereof is contrary to
the interests of the national defense, and any person willfully
violating this provision shall, upon conviction, be fined not more than
$10,000 or imprisoned for not more than one year, or both.
(6) Any person subpenaed under this section shall have the right to
make a record of his testimony and to be represented by counsel.
(7) No individual who, having claimed his privilege against
self-incrimination, is compelled to testify or produce evidence,
documentary or otherwise, under the provision of this section, may be
prosecuted in any criminal proceeding of the offense of discrimination
established by this section.
(e) As used in this section--,
(1) The term " United States" when used in a geographical sense
includes the several States, the possessions of the United States,
the Canal Zone, and the District of Columbia.
(2) The term "discrimination" means the willful refusal or
failure of a supplier, when requested by the Secretary of Defense
or his designee, to supply petroleum products for the use of the
Armed Forces of the United States under the terms of any contract
or under the authority of the Defense Production Act, as amended
(64 Stat. 798, 50 U.S.C. App. 2061 - 2166), the Emergency
Petroleum Allocation Act, as amended (Public Law 93 - 159); //15
USC 751 note.// or under the provisions of any other authority, on
terms not inconsistent with the applicable Armed Services
Procurement Regulations, as amended from time to time, and at
prices which are fair and reasonable and do not exceed prices
received for similar products and quantities from other domestic
or foreign customers. Disagreements as to price or other terms or
conditions shall be disputes as to questions of fact to be
resolved in the manner prescribed by the applicable Armed Services
Procurement Regulations, as amended from time to time, for the
settlement of disputes arising out of contracts and shall not be a
basis for delay or refusal to supply petroleum products.
(3) The term "supplier" means any citizen or national of the
United States, any corporation organized or operating within the
United States, or any organization controlled by any United States
citizen, national, or corporation organized or operating within
the United States, engaged in producing, refining or marketing of
petroleum or petroleum products.
(f) Any supplier who willfully discriminates as prohibited by
subsection (b)(1) of this section shall, upon conviction, be fined not
more than $100,000 or imprisoned for not more than two years, or both.
(g) If any provision of this section or the application thereof to
any persons or circumstances is held invalid, the validity of the
remaining provisions of this section and the application of such
provision to other persons and circumstances shall not be affected
thereby.
(h) The provisions of this section shall expire two years after the
date of enactment of this Act, except that--,
(1) any supplier who, before the date of the expiration of this
section, willfully violated any provision of this section shall be
punished in accordance with the provisions of such section as in
effect on the date the violation occurred;
(2) any proceeding relating to any provision of this section
which is pending at the time this section expires shall be
continued by the Attorney General as if this subsection had not
been enacted, and orders issued in any such proceeding shall
continue in effect as if they had been effectively issued under
this section before the expiration thereof or until otherwise
terminated by appropriate action;
(3) the expiration of this section shall not affect any suit,
action, or other proceeding lawfully commenced before the
expiration of this section, and all such suits, actions, and
proceedings shall be continued, proceedings therein had, appeals
therein, taken, and judgments therein rendered, in the same manner
and with the same effect as if this section had not expired; and
(4) the provisions of this section relating to the improper
publication or disclosure of information shall continue in effect,
in the same manner and with the same effect as if this section had
not expired, with respect to any publication or disclosure
(prohibited by such section before the expiration thereof) made
after the expiration of such section if the information published
or disclosed was obtained under authority of this section before
the expiration of this section.
Sec. 817. The Secretary of Defense shall provide to the Committees on
Armed Services of the Senate and the House of Representatives a plan
that identifies the platform and funding for AEGIS fleet implementation.
Sec. 818. (a) Notwithstanding any other provision of law, none of the
funds authorized to be appropriated by this or any other Act //50 USC
1511 note.// shall be used for the purpose of production of lethal
binary chemical munitions unless the President certifies to Congress
that the production of such munitions is essential to the national
interest and submits a full report thereon to the President of the
Senate and the Speaker of the House of Representatives as far in advance
of the production of such munitions as is practicable.
(b) For purposes of this section the term "lethal binary chemical
munitions" means (1) any toxic chemical (solid, liquid, or gas) which,
through its chemical properties, is intended to be used to produce
injury or death to human beings, and (2) any unique device, instrument,
apparatus, or contrivance, including any components or accessories
thereof, intended to be used to disperse or otherwise disseminate any
such toxic chemical.
Sec. 819. (a) Notwithstanding any other provision of law, the
aggregate amount of any upward adjustments in certain elements of
compensation of members of the uniformed services required by section
1009 of title 37, United States Code, //37 USC 1009 note.// may not
exceed 5 per centum during the period from January 1, 1975, through June
30, 1976, except that no such restriction shall apply unless a 5 per
centum restriction on the aggregate amount of upward adjustments of the
General Schedule of compensation for Federal classified employees as
contained in section 5332 of title 5, United States Code, is also
required during that period.
(b) No reduction in compensation is required under subsection (a) of
any upward adjustment that may have been put into effect under section
1009 of title 37, United States Code, between January 1, 1975, and the
date of enactment of this section.
(c) Any upward adjustment in compensation which has been limited by
subsection (a) of this section to an amount or amounts less than
otherwise would have been in effect shall not be increased subsequent to
June 30, 1976--,
(1) in order to compensate a member for the difference between
the amounts he has received under the provisions of subsection (a)
and the amounts he would have otherwise received; or
(2) except in accordance with the normal procedures and timing
which would have been in effect for any such pay increase
subsequent to June 30, 1976, without regard to any limitation
under subsection (a) of this section.
Sec. 820. (a) Notwithstanding any other provision of law, the total
number of enlisted members of the Armed Forces of the United States that
may be assigned or otherwise detailed to duty as enlisted aides on the
personal staffs of officers of the Army, Navy, Marine Corps, Air Force,
and Coast Guard (when operating as a service of the Navy) during any
fiscal year shall be a number determined by (1) multiplying 4 times the
number of officers serving on full-time active duty at the end of the
fiscal year in the pay grade of O-10, (2) multiplying 2 times the number
of officers serving on full-time active duty at the end of the fiscal
year in the pay grade of O-9, and (3) adding the products obtained under
clauses (1) and (2).
(b) The Secretary of Defense shall allocate the aides authorized by
subsection (a) of this section among officers of the Armed Forces, in
such numbers as he determines appropriate, on the basis of the duties of
such officers.
(c) This section shall not apply with respect to the number of aides
assigned to generals of the Army or admirals of the Fleet.
Sec. 821. Notwithstanding any provision of section 2004 of title 10,
United States Code, //10 USC 2004 note.// an officer in any pay grade
who was in a missing status (as defined in section 551(2) of title 37,
United States Code) after August 4, 1964, and before May 8, 1975, may be
selected for detail for legal training under that section 2004 on other
than a competitive basis and, if selected for that training, is not
counted in computing, for the purpose of subsection (a) of that section
2004, the number of officers who may commence that training in any
single fiscal year. For the purposes of determining eligibility under
that section 2004, the period of time during which an officer was in
that missing status may be disregarded in computing the period he has
served on active duty.
Sec. 822. This Act may be cited as the " Department of Defense
Appropriation Authorization Act, 1976".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 199 (Comm. on Armed Services) and Nos. 94 -
413 and 94 - 488 (Comm. of Conference).
SENATE REPORTS: No. 94 - 146 accompanying S. 920 (Comm. on Armed
Services) and Nos. 94 - 334 and 94 - 385 (Comm. of Conference).
CONGRESSIONAL Record, Vol. 121 (1975):
May 15, 19, 20, considered and passed House.
May 22, June 2 - 5, S. 920 considered in Senate.
June 6, considered and passed Senate, amended, in lieu of S.
920.
July 30, House agreed to conference report.
Aug. 1, Senate rejected conference report.
Sept. 3, House disagreed to Senate amendments and asked for
further conference with the Senate; Senate insisted upon its
amendments and requested further conference with the House.
Sept. 24, House agreed to conference report.
Sept. 26, Senate agreed to conference report.
Public Law 94-105, 89 Stat. 511, National School Lunch Act, and Child
Nutrition Act of 1966. Amendments of 1975.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " National School Lunch Act and Child Nutrition Act of 1966
Amendments of 1975". //42 USC 1751 note.//
Sec. 2. Section 4(a) of the Child Nutrition Act of 1966 (80 Stat.
885, as amended) //42 USC 1773.// is amended by striking out "for the
fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975,".
Sec. 3. Section 4 of the Child Nutrition Act of 1966 is amended by
adding at the end thereof the following new subsection:
"(g) As a national nutrition and health policy, it is the purpose and
intent of the Congress that the school breakfast program be made
available in all schools where it is needed to provide adequate
nutrition for children in attendance. The Secretary is hereby directed,
in cooperation with State educational agencies, to carry out a program
of information in furtherance of this policy. Within 4 months after the
enactment of this subsection, the Secretary shall report to the
committees of jurisdiction in the Congress his plans and those of the
cooperating State agencies to bring about the needed expansion in the
school breakfast program.".
Sec. 4. Section 6(b) of the National School Lunch Act //42 USC
1755.// (60 Stat. 230, as amended) is amended--
(a) By striking out "nonprofit private" the first time such term
occurs in the proviso of the third sentence and inserting in lieu
thereof "any of the".
(b) By striking out "nonprofit private" the second time such term
occurs in the proviso of the third sentence and inserting in lieu
thereof "such".
(c) By striking out "nonprofit private" where such term occurs in the
fourth sentence.
Sec. 5. Section 7 of the National School Lunch Act //42 USC 1756.//
is amended by inserting after the seventh sentence thereof the following
new sentence: " The requirement in this section that each dollar of
Fderal assistance be matched by $3 from sources within the State (with
adjustments for the per capita income of the State) shall not be
applicable with respect to the payments made to participating schools
under section 4 of this Act //42 USC 1753.// for free and reduced price
lunches: Provided, That the foregoing provision shall not affect the
level of State matching required by the sixth sentence of this
section.".
Sec. 6. Section 9 of the National School Lunch Act //42 USC 1758.//
is amended as follows:
(a) Subsection (a) is amended by adding at the end thereof the
following new sentences: " The Secretary shall establish, in
cooperation with State educational agencies, administrative procedures,
which shall include local educational agency and student participation,
designed to diminish waste of foods which are served by schools
participating in the school lunch program under this Act without
endangering the nutritional integrity of the lunches served by such
schools. Students in senior high schools which participate in the
school lunch program under this Act shall not be required to accept
offered foods which they do not intend to consume, and any such failure
to accept offered foods shall not affect the full charge to the student
for a lunch meeting the requirements of this subsection or the amount of
payments made under this Act to any such school for such a lunch.".
(b) Subsection (b) is amended--,
(1) By inserting "(1)" immediately after the subsection
designation.
(2) By striking out in the fifth sentence thereof the
following: ", if a school elects to serve reduced-price lunches".
(3) By inserting immediately after the fifth sentence thereof
the following new sentence: " Any child who is eligible for a
reduced price lunch under income guidelines prescribed for schools
in that State under the preceding sentence shall be served a
reduced price lunch.".
(4) By adding at the end thereof the following new sentence: "
Notwithstanding any other provision of this subsection, beginning
with the fiscal year ending June 30, 1976, the income guidelines
prescribed by each State educational agency for reduced price
lunches for schools in that State under the fifth sentence of this
paragraph shall be 95 per centum above the applicable family size
income levels in the income poverty guidelines prescribed by the
Secretary, and any child who is a member of a household, if that
household has an annual income which falls between (A) the
applicable family size income level of the income guidelines for
free lunches prescribed by the State educational agency and (B) 95
per centum above the applicable family size income levels in the
income poverty guidelines prescribed by the Secretary, shall be
served a reduced price lunch at a price not to exceed 20 cents.".
(c) Effective January 1, 1976, paragraph (1) of subsection (b) is
revised to read as follows:
"(b)(1) No later than June 1 of each fiscal year, the Secretary shall
issue revised income poverty guidelines for use during the subsequent
12-month period from July through June. Such revisions shall be made by
multiplying the income poverty guideline currently in effect by the
change in the Consumer Price Index for the 12-month period ending in
April of such fiscal year: Provided, That such revision for use from
July 1976 through June 1977 shall be made by multiplying the income
poverty guideline currently in effect by the change between the average
1974 Consumer Price Index and the Consumer Price Index for April 1976.
Any child who is a member of a household which has an annual income not
above the applicable family-size income level set forth in the income
poverty guidelines prescribed by the Secretary shall be served a free
lunch. Following the announcement by the Secretary of the income
poverty guidelines for each 12-month period, each State educational
agency shall prescribe the income guidelines, by family size, to be used
by schools in the State during such 12-month period in making
determinations of those eligible for a free lunch as prescribed in this
section. The income guidelines for free lunches to be prescribed by each
State educational agency shall not be less than the applicable
family-size income levels in the income poverty guidelines prescribed by
the Secretary and shall not be more than 25 per centum above such
family-size income levels. Each fiscal year, each State educational
agency shall also prescribe income guidelines, by family size, to be
used by schools in the State during the 12-month period from July
through June in making determinations of those children eligible for a
lunch at a reduced price, not to exceed 20 cents. Such income
guidelines for reduced-price lunches shall be prescribed at 95 per
centum above the applicable family size income levels in the income
poverty guidelines prescribed by the Secretary. Any child who is a
member of a household, if that household has an annual income which
falls between (A) the applicable family size income level of the income
guidelines for free lunches prescribed by the State educational agency
and (B) 95 per centum above the applicable family size income levels in
the income poverty guidelines prescribed by the Secretary, shall be
served a reduced price lunch at a price not to exceed 20 cents. Local
school authorities shall publicly announce such income guidelines on or
about the opening of school each fiscal year, and shall make
determinations with respect to the annual incomes of any household
solely on the basis of a statement executed in such form as the
Secretary may prescribe by an adult member of such household: Provided,
That such local school authorities may for cause seek verification of
the data in such application. No physical segregation of or other
discrimination against any child eligible for a free lunch or a reduced
price lunch shall be made by the school nor shall there be any overt
identification of any child by special tokens or tickets, announced or
published lists of names, or by other means. For purposes of this
subsection, ' Consumer Price Index' means the Consumer Price Index
published each month by the Bureau of Labor Statistics of the Department
of Labor.".
(d) Subsection (b) is further amended by adding at the end thereof
the following new paragraph (2):
"(2) Any child who has a parent or guardian who (A) is responsible
for the principal support of such child and (B) is unemployed shall be
served a free or reduced price lunch, respectively, during any period
(i) in which such child's parent or guardian continues to be unemployed
and (ii) the income of the child's parents or guardians during such
period of unemployment falls within the income eligibility criteria for
free lunches or reduced price lunches, respectively, based on the
current rate of income of such parents or guardians. Local school
authorities shall publicly announcing that such children are eligible
for a free or reduced price lunch, and shall make determinations with
respect to the status of any parent or guardian of any child under
clauses (A) and (B) of the preceding sentence solely on the basis of a
statement executed in such form as the Secretary may prescribe by such
parent or guardian. No physical segregation of, or other discrimination
against, any child eligible for a free or reduced price lunch under this
paragraph shall be made by the school nor shall there be any overt
identification of any such child by special tokens or tickets, announced
or published lists of names, or by any other means.".
(e) Subsection (c) is amended by striking out "nonprofit private
schools" and inserting in lieu thereof "schools (as defined in section
12(d)(6) of this Act which are private and nonprofit as defined in the
last sentence of section 12(d)(6) of this Act)".
Sec. 7. Section 10 of the National School Lunch Act //42 USC 1759.//
is amended to read as follows:
" Sec. 10. If, in any State, the State educational agency is not
permitted by law to disburse the funds paid to it under this Act to any
of the schools in the State, or is not permitted by law to match Federal
funds made available for use by such schools, the Secretary shall
disburse the funds directly to such schools within the State for the
same purposes and subject to the same conditions as are authorized or
required with respect to the disbursements to schools within the State
by the State educational agency, including the requirement that any such
payment or payments shall be matched, in the proportion specified in
section 7 for such State, by funds from sources within the State
expended by such schools within the State participating in the school
lunch program under this Act. Such funds shall not be considered a part
of the funds constituting the matching funds under the terms of section
7.".
Sec. 8. Section 11 of the National School Lunch Act //42 USC 1759a.//
is amended--
(a) By striking out in paragraph (1) of subsection (e) " Not later
than January 1 of each year" and inserting in lieu thereof the
following: " Each year by not later than a date specified by the
Secretary".
(b) By striking out in paragraph (1) of subsection (e) the word
"fiscal" and inserting in lieu thereof the following: "school".
Sec. 9. (a) Section 12(d) of the National School Lunch Act //42 USC
1760.// is amended by striking out paragraph (3) and by redesignating
paragraphs (4) through (7) as paragraphs (3) through (6), respectively.
(b) Section 12(d)(1) of the National School Lunch Act is amended by
striking out "or American Samoa" and inserting in lieu thereof "
American Samoa, or the Trust Territory of the Pacific Islands".
(c) Section 12(d)(6) of the National School Lunch Act (as
redesignated by subsection (a) of this section) is amended to read as
follows:
"(6) ' School' means (A) any public or nonprofit private school
or high school grade or under, (B) any public or licensed
nonprofit private residential child care institution (including,
but not limited to, orphanages and homes for the mentally
retarded), and (C) with respect to the Commonwealth of Puerto
Rico, nonprofit child care centers certified as such by the
Governor of Puerto Rico. For purposes of clauses (A) and (B) of
this paragraph, the term 'nonprofit', when applied to any such
private school or institution, means any such school or
institution which is exempt from tax under section 501(c)(3) of
the Internal Revenue Code of 1954.". //26 USC 501.//
(d) Section 12 of the National School Lunch Act //42 USC 1760.// is
amended by adding at the end thereof the following new subsection (e):
"(e) The value of assistance to children under this Act shall not be
considered to be income or resources for any purposes under any Federal
or State laws, including laws relating to taxation and welfare and
public assistance programs.".
Sec. 10. Section 14 of the National School Lunch Act //42 USC
1762a.// is amended by inserting "(a)" immediately after the section
designation, by striking out " June 30, 1975" and inserting in lieu
thereof " September 30, 1977", and by adding at the end thereof the
following new subsection:
"(b) Among the products to be included in the food donations to the
school lunch program shall be cereal and shortening and oil products.".
Sec. 11. Section 6 of the National School Lunch Act //42 USC 1755.//
is amended--
(a) By adding at the end of subsection (a) the following new
sentence: " In making purchases of such agricultural commodities and
other foods, the Secretary shall not issue specifications which restrict
participation of local producers unless such specifications will result
in significant advantages to the food service programs authorized by
this Act and the Child Nutrition Act of 1966.". //42 USC 1771 note.//
(b) By adding at the end of subsection (e) the following new
sentence: " Notwithstanding any other provision of this section, not
less than 75 per centum of the assistance provided under this subsection
(e) shall be in the form of donated foods for the school lunch
program.".
Sec. 12. The National School Lunch Act is amended by adding at the
end thereof the following new section:
" Sec. 16. //42 USC 1765.// (a) Notwithstanding any other provision
of law, where a State phased out its commodity distribution facilities
prior to June 30, 1974, such State may, for purposes of the programs
authorized by this Act and the Child Nutrition Act of 1966, elect to
receive cash payments in lieu of donated foods. Where such an election
is made, the Secretary shall make cash payments to such State in an
amount equivalent in value to the donated foods that the State would
otherwise have received if it had retained its commodity distribution
facilities. The amount of cash payments in the case of lunches shall be
governed by section 6(e) of this Act.
"(b) When such payments are made, the State educational agency shall
promptly and equitable disburse any cash it receives in lieu of
commodities to eligible schools and institutions, and such disbursements
shall be used by such schools and institutions to purchase United States
agricultural commodities and other foods for their food service
programs.".
Sec. 13. Effective October 1, 1975, section 13 of the National School
Lunch Act //42 USC 1761.// is amended to read as follows:
" Sec. 13. (a)(1) There is hereby authorized to be appropriated such
sums as are necessary for the fiscal year ending June 30, 1976, for the
period July 1, 1976, through September 30, 1976, and for the fiscal year
ending September 30, 1977, to enable the Secretary to formulate and
carry out a program to assist States through grants-in-aid and other
means, to initiate, maintain, and expand nonprofit food service programs
for children in service institution. For purposes of this section, the
term 'service institutions' means nonresidential public or private,
nonprofit institutions, and residential public or private nonprofit
summer camps that develop special summer programs providing food service
similar to that available to children under the school lunch program
under this Act or the school breakfast program under the Child Nutrition
Act of 1966 //42 USC 1771 note.// during the school year. To the
maximum extent feasible, consistent with the purposes of this section,
special summer programs shall utilize the existing food service
facilities of public and nonprofit private schools. Any eligible
service institution shall receive the summer food program upon its
request.
"(2) Service institutions eligible to participate under the program
authorized under this section shall be limited to those which conduct a
regularly scheduled program for children from areas in which poor
economic conditions exist, for any period during the months of May
through September, at site locations where organized recreation
activities or food services are provided for children in attendance.
"(3) For the purposes of this section, 'poor economic conditions'
shall mean an area in which at least 33 1/3 per centum of the children
are eligible for free or reduced price school meals under the National
School Lunch Act and Child Nutrition Act //42 USC 1751 note.// as shown
by information provided from model city target areas, departments of
welfare, zoning commissions, census tracts, by the number of free and
reduced price lunches or breakfasts served to children attending schools
located in the area of summer food sites, or from other applicable
sources. ' State' shall mean any of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Trust Territory of the Pacific Islands.
"(b) Disbursement to service institutions shall equal the full cost
of food service operations, except that such financial assistance to any
such institution shall not exceed (1) 75.5 cents for all costs excepting
administrative costs for each lunch and supper served, (2) 6 cents for
administrative costs for each lunch and supper served, (3) 42 cents for
all costs except administrative costs for each breakfast served, (4) 3
cents for administrative costs for each breakfast served, (5) 19.75
cents for all costs except administrative costs for each meal supplement
served: Provided, That the above amounts shall be adjusted each March 1
to the nearest one-fourth cent in accordance with changes for the year
ending January 31 in the series for food away from home of the Consumer
Price Index published by the Bureau of Labor Statistics of the
Department of Labor. The initial such adjustment shall reflect the
change in the series for food away from home during the period January
31, 1975, to January 31, 1976. The cost of food service operations
shall include the cost of obtaining, preparing, and serving food and
related administrative costs. No service institution shall be
prohibited from serving breakfasts, suppers, and meal supplements as
well as lunches unless the service period of different meals coincides
or overlaps.
"(c) Disbursements shall be made to service institutions only for
meals served during the months of May through September, except that the
foregoing provision shall not apply to institutions which develop food
service programs for children on school vacation at any time under a
continuous school calendar or prevent such institutions, if otherwise
eligible, from participating in the program authorized by this section.
"(d) No later than June 1, July 1, and August 1 of each year, the
Secretary shall forward to each State an advance payment for meals to be
served in that month pursuant to subsection (b), which amount shall be
no less than (1) the total payment made to such State for meals served
pursuant to subsection (b) for the same calendar month of the preceding
calendar year or (2) 65 per centum of the amount estimated by the State,
on the basis of approved applications, to be needed to reimburse service
institutions for meals to be served pursuant to subsection (b) in that
month, whichever is the greater. The Secretary shall forward any
remaining payment due pursuant to subsection (b) no later than 60 days
following receipt of valid claims. Any funds advanced to a State for
which valid claims have not been established within 180 days shall be
deducted from the next appropriate monthly advance payment unless the
claimant requests a hearing with the Secretary prior to the 180th day.
Institutions operating programs during nonsummer vacations during a
continuous school year calendar shall receive advance payments not later
than the first day of each month involved.
"(e) Service institutions to which funds are disbursed under this
section shall serve meals consisting of a combination of foods and
meeting minimum nutritional standards prescribed by the Secretary on the
basis of tested nutritional research. Such meals shall be served
without cost to children attending service institutions approved for
operation under this section.
"(f) The Secretary shall publish proposed regulations relating to the
implementation of the summer food program by January 1 of each fiscal
year, and shall publish final regulations, guidelines, applications, and
handbooks by March 1 of each fiscal year. In order to improve program
planning, the Secretary is authorized to provide that service
institutions receive as startup costs not to exceed 10 per centum of the
Federal funds provided such service institutions for meals served
pursuant to this section during the preceding summer. Any such startup
costs shall be subtracted from payments subsequently made to service
institutions for meals served pursuant to subsection (b) of this
section.
"(g) Each participating service institution shall, insofar as
practicable, utilize in its program foods designated from time to time
by the Secretary as being in abundance, either nationally or in the
institution area, or foods donated by the Secretary. Irrespective of
the amount of funds appropriated under this section, foods available
under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), or
purchased under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), or section 709 of the Food and Agriculture Act of 1965 (7 U.S.C.
1446a-1), shall be donated by the Secretary to service institutions in
accordance with the needs as determined by authorities of these
institutions for utilization in their feeding programs.
"(h) If in any State the State educational agency is not permitted by
law or is otherwise unable to disburse the funds paid to it under this
section to any service institution in the State, the Secretary shall
disburse the funds directly to service institutions in the State for the
same purpose and subject to the same conditions as are required of a
State educational agency disbursing funds made available under this
section.
"(i) Expenditures of funds from State and local sources for the
maintenance of food programs for children shall not be diminished as a
result of funds received under this section.
"(j) There is hereby authorized to be appropriated such sums as may
be necessary for the Secretary's administrative expenses under this
section.
"(k) The Secretary shall pay to each State for administrative costs
incurred pursuant to this section an amount equal to 2 per centum of the
funds distributed to that State pursuant to subsection (b): Provided,
That no State shall receive less than $10,000 each fiscal year for its
administrative costs unless the funds distributed to that State pursuant
to subsection (b) total less than $50,000 for such fiscal year.
"(l) Nothing in this section shall be construed as precluding a
service institution from contracting on a competitive basis for the
furnishing of meals or administration of the program, or both.
"(m) States, State educational agencies, and service institutions
participating in programs under this section shall keep such accounts
and records as may be necessary to enable the Secretary to determine
whether there has been compliance with this section and the regulations
hereunder. Such accounts and records shall at all times be available
for inspection and audit by representatives of the Secretary and shall
be preserved for such period of time, not in excess of 5 years, as the
Secretary determines is necessary.".
Sec. 14. Effective beginning with the fiscal year ending June 30,
1976, section 17 of the Child Nutrition Act of 1966 //42 USC 1786.// is
revised to read as follows:
" Sec. 17. (a) The Congress finds that substantial numbers of
pregnant women, infants, and young children are at special risk in
respect to their physical and mental health by reason of poor or
inadequate nutrition or health care, or both. It is, therefore, the
purpose of the program authorized by this section to provide
supplemental nutritious food as an adjunct to good health care during
such critical times of growth and development in order to prevent the
occurrence of health problems.
"(b)(1) During the fiscal year ending June 30, 1976, the period July
1, 1976, through September 30, 1976, the fiscal year ending September
30, 1977, and the fiscal year ending September 30, 1978, the Secretary
shall make cash grants to the health department or comparable agency of
each State, Indian tribe, band or group recognized by the Department of
the Interior; or the Indian Health Service of the Department of Health,
Education, and Welfare, for the purpose of providing funds to local
health or welfare agencies or private nonprofit agencies of such State;
Indian tribe, band, or group recognized by the Department of the
Interior; or the Indian Health Service of the Department of Health,
Education, and Welfare, serving local health or welfare needs to enable
such agencies to carry out health and nutrition programs under which
supplemental foods will be made available to pregnant or lactating women
and to infants determined by competent professionals to be nutritional
risks because of inadequate nutrition and inadequate income, in order to
improve their health status. The program authorized by this section
shall be carried out supplementary to the food stamp and food
distribution program and operate side by side with existing supplemental
food programs.
"(2) Any eligible local health or welfare agency or private nonprofit
agency that applies to operate such a supplemental food program
immediately shall be provided with the necessary funds to carry out the
program. The requirements set forth herein shall not be construed to
permit the Secretary to reduce ratably the amount of foods that an
eligible health or welfare agency shall distribute under the program to
pregnant or lactating mothers and infants.
"(c) In order to carry out such program during each fiscal year
during the period ending September 30, 1977, there is authorized to be
appropriated the sum of $250,000,000, but in the event that such sum has
not been appropriated for such purpose by the beginning of each fiscal
year, the Secretary shall use $250,000,000, or, if any amount has been
appropriated for such program, the difference, if any, between the
amount directly appropriated for such purpose and $250,000,000, out of
funds appropriated by section 32 of the Act of August 24, 1935 (7 U.
S.C. 612c). Any funds expended from such section 32 to carry out the
provisions of this section shall be reimbursed out of any supplemental
appropriation hereafter enacted for the purpose of carrying out the
provisions of such subsection, and such reimbursements shall be
deposited into the fund established pursuant to such section 32, to be
available for the purpose of such section. In order to carry out the
program during the fiscal year ending September 30, 1978, there is
authorized to be appropriated not to exceed $250,000,000.
"(d) Whenever any program is carried out by the Secretary under
authority of this section through any State or local or nonprofit
agency, he is authorized to pay administrative costs not to exceed 20
per centum of the program funds provided to each State under the
authority of this section. Each health department or comparable agency
of each State, Indian tribe, band, or group recognized by the Department
of the Interior; or the Indian Health Service of the Department of
Health, Education, and Welfare receiving funds from the Secretary under
this section shall, by January 1 of each year (by December 1 in the case
of fiscal year 1976), for approval by the Secretary as a prerequisite to
receipt of funds under this section, submit a description of the manner
in which administrative funds shall be spent, including, but not limited
to, a description of the manner in which nutrition education services
will be provided. The Secretary shall take affirmative action to insure
that programs begin in areas most in need of special supplemental food.
During the first 3 months of any program, or until the program reaches
its projected caseload level, whichever comes first, the Secretary shall
pay those administrative costs necessary to commence the program
successfully.
"(e) The eligibility of persons to participate in the program
provided for under this section shall be determined by competent
professional authority. Participants shall be residents of areas or
members of populations served by clinics or other health facilities
determined to have significant numbers of infants and pregnant and
lactating women at nutritional risk.
"(f) State or local agencies or groups carrying out any programs
under this section shall maintain adequate medical records on the
participants assisted to enable the Secretary to determine and evaluate
the benefits of the nutritional assistance provided under this section.
The Secretary shall convene an advisory committee made up of
representatives from the Maternal and Child Health Division of the
Department of Health, Education, and Welfare, the Center for Disease
Control, the Association of State and Territorial Public Health
Nutrition Directors, the American Academy of Pediatrics, the National
Academy of Science--National Research Council, the American * Dietetic
Association, the American Public Health Association, the Public Health
Service, and others as the Secretary deems appropriate. The committee
shall study the methods available to evaluate successfully and
economically, in part or in total, the health benefits of the special
supplemental food program. The committee's study shall consider the
usefulness of the medical data collected and the methodology used by the
Department of Agriculture and the Comptroller General of the United
States prior to March 30, 1975. The study shall also include the
applicability to an evaluation of the special supplemental food program
of other Federal and State health, welfare, and nutrition assessment and
surveillance projects currently being conducted. The purpose of the
advisory committee shall be to determine and recommend in detail how,
using accepted scientific methods, the health benefits of the special
supplemental food program may best be evaluated and assessed. The
advisory committee shall report its study to the Secretary no later than
March 1, 1976. The Secretary shall submit to Congress his
recommendations based on such study no later than June 1, 1976.
"(g) As used in this section--,
"(1) ' Pregnant and lactating women' when used in connection with the
term 'at nutritional risk' includes women from low-income populations
who demonstrate one or more of the following characteristics: known
inadequate nutritional patterns, unacceptably high incidence of anemia,
high prematurity rates, or inadequate patterns of growth (underweight,
obesity, or stunting). Such term (when used in connection with the term
'at nutritional risk') also includes low-income individuals who have a
history of high-risk pregnancy as evidenced by abortion, premature
birth, or severe anemia. Such lactating women shall include women who
are breast feeding an infant from birth up to one year of age and also
all women for a period of six months post partum.
"(2) ' Infants' when used in connection with the term 'at nutritional
risk' means children under 5 years of age who are in low-income
populations which have shown a deficient pattern of growth, by minimally
acceptable standards, as reflected by an excess number of children in
the lower percentiles of height and weight. Such term, when used in
connection with 'at nutritional risk', may also include children under 5
years of age who (A) are in the parameter of nutritional anemia, or (B)
are from low-income populations where nutritional studies have shown
inadequate infant diets.
"(3) ' Supplemental foods' shall mean those foods containing
nutrients known to be lacking in the diets of populations at nutritional
risk and, in particular, those foods and food products containing
high-quality protein, iron, calcium, vitamin A, and vitamin C. Such
term may also include (at the discretion of the Secretary) any
commercially formulated preparation specifically designed for women or
infants. The contents of the food package shall be made available in
such a manner as to provide flexibility, taking into account medical and
nutritional objectives and cultural eating patterns.
"(4) ' Competent professional authority' includes physicians,
nutritionists, registered nurses, dietitians, or State or local
medically trained health officials, or persons designated by physicians
or State or local medically trained health officials as being competent
professionally to evaluate nutritional risk.
"(5) ' Administrative costs' include costs for referral, operation,
monitoring, nutrition education, general administration, startup,
clinic, and administration of the State office.
"(h)(1) There is hereby established a council to be known as the
National Advisory Council on Maternal, Infant, and Fetal Nutrition
(hereinafter in this section referred to as the ' Council') which shall
be composed of 15 members appointed by the Secretary. One member shall
be a State director of the special supplemental food program, 1 member
shall be a State fiscal director for the special supplemental food
program (or the equivalent thereof), 1 member shall be a project
director of a special supplemental food program in an urban area, 1
member shall be a project director of a special supplemental food
program in a rural area, 1 member shall be a State public health
nutrition director (or equivalent thereof), 2 members shall be parent
recipients of the special supplemental food program, 1 member shall be a
pediatrician, 1 member shall be an obstetrician, 1 member shall be a
person involved at the retail sales level of food in the special
supplemental food program, 2 members shall be officers or employee of
the Department of Health, Education, and Welfare, specially qualified to
serve on the Council because of their education, training, experience,
and knowledge in matters relating to maternal, infant, and fetal
nutrition, and 2 members shall be officers or employees of the
Department of Agriculture, specially qualified because of their
education, training, experience, and knowledge in matters relating to
maternal, infant, and fetal nutrition.
"(2) The 11 members of the Council appointed from outside the
Department of Agriculture and the Department of Health, Education, and
Welfare shall be appointed for terms of 3 years, except that the 9
members first appointed to the Council shall be appointed as follows:
Three members shall be appointed for terms of 3 years, 3 members shall
be appointed for terms of 2 years, and 3 members shall be appointed for
terms of 1 year. Thereafter all appointments shall be for a term of 3
years, except that a person appointed to fill an unexpired term shall
serve only for the remainder of such term. Members appointed from the
Department of Agriculture and the Department of Health, Education, and
Welfare, shall serve at the pleasure of the Secretary.
"(3) The Secretary shall designate one of the members to serve as
Chairman and one to serve as Vice Chairman of the Council.
"(4) The Council shall meet at the call of the Chairman but shall
meet at least once a year.
"(5) Eight members shall constitute a quorum and a vacancy on the
Council shall not affect its powers.
"(6) It shall be the function of the Council to make a continuing
study of the operation of the special supplemental food program and any
related Act under which diet supplementation is provided to women,
infants, and children, with a view to determining how such programs may
be improved. The Council shall submit to the President and the Congress
annually a written report of the results of its study together with such
recommendations for administrative and legislative changes as it deems
appropriate.
"(7) The Secretary shall provide the Council with such technical and
other assistance, including secretarial and clerical assistance, as may
be required to carry out its functions under this Act.
"(8) Members of the Council shall serve without compensation but
shall receive reimbursement for necessary travel and subsistence
expenses incurred by them in the performance of the duties of the
Council.".
Sec. 15. Section 3 of the Child Nutrition Act of 1966 //42 USC
1772.// is amended--
(1) By inserting immediately after " Guam," in the second sentence
thereof the following: "the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, the Trust Territory of the Pacific Islands,".
(2) By adding at the end thereof the following new sentence: "
Notwithstanding any other provision of this section, in no event shall
the minimum rate of reimbursement exceed the cost to the school or
institution of milk served to children.".
(b) Section 4(b)(1) of the Child Nutrition Act of 1966 //42 USC
1773.// is amended by striking out "and American Samoa," in both places
where such term occurs and inserting in lieu thereof " American Samoa,
and the Trust Territory of the Pacific Islands,".
(c) Section 15(a) of the Child Nutrition Act of 1966 //42 USC 1784.//
is amended by striking out "or American Samoa" and inserting in lieu
thereof " American Samoa, or the Trust Territory of the Pacific
Islands".
Sec. 16. The National School Lunch Act is amended by adding at the
end thereof the following new section:
" Sec. 17. //42 USC 1766.// (a)(1) There is hereby authorized to be
appropriated such sums as are necessary for the fiscal year ending June
30, 1976, the period July 1, 1976, through September 30, 1976, the
fiscal year ending September 30, 1977, and the fiscal year ending
September 30, 1978, to enable the Secretary to formulate and carry out a
program to assist States through grants-in-aid and other means to
initiate, maintain, or expand nonprofit food service programs for
children in institutions providing child care.
"(2) For purposes of this section, the term 'institution' means any
public or private nonprofit organization where children are not
maintained in permanent residence including, but not limited to, day
care centers, settlement houses, recreation centers, family day care
programs, Head Start centers, Homestart programs, and institutions
providing day care services for handicapped children. No institution
shall be eligible to participate in this program unless it has either
local, State, or Federal licensing or approval as a child care
institution, or can satisfy the Secretary that its standards are no less
comprehensive than the Federal interagency day care requirements as
approved by the Department of Health, Education, and Welfare, the Office
of Economic Opportunity, and the Department of Labor on September 23,
1968. An institution may be approved for funding under this section
only if, under conditions established by the Secretary, such institution
is moving toward compliance with the requirements for tax exempt status
under section 501(c)(3) of the Internal Revenue Code of 1954, //26 USC
501.// or is currently operating a federally funded program requiring
nonprofit status. For purposes of this section, the term ' State' means
any of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust
Territory of the Pacific Islands. Any eligible institution shall
receive the child care food program upon its request.
"(b) For each fiscal year beginning with the fiscal year ending June
30, 1976, the Secretary shall make child care food payments no less
frequently than on a monthly basis to each State educational agency in
an amount no less than the sum of the products obtained by multiplying
(A) the number of breakfasts served in child care food programs within
that State by the national average payment rate for breakfasts under
section 4 of the Child Nutrition Act of 1966, //42 USC 1773.// (B) the
number of breakfasts served in child care food programs within that
State to children from families whose incomes meet the eligibility
criteria for free school meals by the national average payment rate for
free breakfasts under section 4 of the Child Nutrition Act of 1966, (C)
the number of breakfasts served in child care food programs within that
State to children from families whose incomes meet the eligibility
criteria for reduced price school meals by the national average payment
rate for reduced price school breakfasts under section 4 of the Child
Nutrition Act of 1966, (D) the number of lunches and suppers served in
child care food programs within that State by the national average
payment rate for lunches under section 4 of the National School Lunch
Act, //42 USC 1753.// (E) the number of lunches and suppers served in
child care food programs within that State to children from families
whose incomes meet the eligibility criteria for free school meals by the
national average payment rate for free school lunches under section 11
of the National School Lunch Act, //42 USC 1759a.// (F) the number of
lunches and suppers served in child care food programs in that State to
children whose families meet the eligibility criteria for reduced price
school meals by the national average payment factor for reduced price
lunches under section 11 of the National School Lunch Act, (G) the
number of snacks served in child care food programs in that State by 5
cents, (H) the number of snacks served in child care food programs in
that State to children from families whose incomes meet the eligibility
criteria for free school meals by 15 cents, and (I) the number of snacks
served in child care food programs in that State to children from
families whose incomes meet the eligibility criteria for reduced price
school meals by 10 cents. The rates established pursuant to clauses
(G), (H), and (I) shall be adjusted semiannually to the nearest
one-fourth cent by the Secretary to reflect the changes in the series
for food away from home of the Consumer Price Index published by the
Bureau of Labor Statistics of the Department of Labor. The initial such
adjustment shall become effective January 1, 1976, and shall reflect
changes in the series for food away from home during the period June
through November 1975. Reimbursement for meals provided under this
section shall not be dependent upon the collection of moneys from
participating children.
"(c) Meals served by institutions participating in the program under
this section shall consist of a combination of foods and shall meet
minimum nutritional requirements prescribed by the Secretary on the
basis of tested nutritional research. Such meals shall be served free
to needy children. No physical segregation or other discrimination
against any child shall be made because of his inability to pay, nor
shall there be any overt identification of any such child by special
tokens or tickets, announced or published lists of names, or other
means. No institution shall be prohibited from serving a breakfast,
lunch, dinner, and snack to each eligible child each day.
"(d) Funds paid to any State under this section shall be disbursed by
the State educational agency to institutions approved for participation
on a nondiscriminatory basis to reimburse such institutions for their
costs in connection with food service operations, including labor and
administrative expenses. All valid claims from such institutions shall
be paid within 30 days.
"(e) Irrespective of the amount of funds appropriated under this
section, foods available under section 416 of the Agricultural Act of
1949 (7 U.S.C. 1431) or purchased under section 32 of the Act of August
24, 1935 (7 U.S.C. 612c), or section 709 of the Food and Agriculture Act
of 1965 (7 U.S.C. 1446a-1), shall be donated by the Secretary of
Agriculture to institutions participating in the child care food program
in accordance with the needs as determined by authorities of these
institutions for utilization in their feeding programs. The amount of
such commodities (or, upon the application of a State educational
agency, cash in lieu of commodities in such amounts as may be provided
in appropriations Acts) donated to each State for each fiscal year shall
be, at a minimum, the amount obtained by multiplying the number of
lunches and suppers served in participating institutions during that
fiscal year by the rate for commodities and cash in lieu thereof
established for that fiscal year in accordance with the provisions of
section 6(e) of the National School Lunch Act. //42 USC USC 1755.//
"(f) If in any State the State educational agency is not permitted by
law or is otherwise unable to disburse the funds paid to it under this
section to any institution in the State, the Secretary shall disburse
the funds so withheld directly to institutions in the State for the same
purpose and subject to the same conditions as are required of a State
educational agency disbursing funds made available under this section.
"(g) Expenditures of funds from State and local sources for the
maintenance of food programs for children shall not be diminished as a
result of funds received under this section.
"(h) There is hereby authorized to be appropriated for any fiscal
year such sums as may be necessary for the Secretary's administrative
expenses under this section.
"(i) States, State educational agencies, and institutions
participating in programs under this section shall keep such accounts
and records as may be necessary to enable the Secretary to determine
whether there has been compliance with this section and the regulations
hereunder. Such accounts and records shall at all times be available
for inspection and audit by representatives of the Secretary and shall
be preserved for such period of time, not in excess of 5 years, as the
Secretary determines is necessary.
"(j)(1) Of the sums appropriated for any fiscal year pursuant to the
authorization contained in this section, $3,000,000 shall be available
to the Secretary for the purposes of providing, during each such fiscal
year, nonfood assistance for the child care food program. The Secretary
shall apportion among the States of the number of children below age 6
who are members of households which have an annual income not above 125
per centum of the applicable family-size income level set forth in the
income poverty guideline prescribed by the Secretary under section 9(b)
of this Act.
"(2) If any State cannot utilize all of the funds apportioned to it
under the provisions of this section, the Secretary shall make further
apportionments to the remaining States. Payments to any State of funds
apportioned under the provisions of this subsection for any fiscal year
shall be made upon condition that at least one-fourth of the cost of
equipment financed under this section shall be borne by funds from
sources within the State, except that such condition shall not apply
with respect to funds used under this section to assist institutions
determined by the State to be especially needy.
"(k) The regulations issued by the Secretary to carry out this
section shall be issued and become effective not later than 90 days
after the date of enactment of the National School Lunch Act and Child
Nutrition Act of 1966 Amendments of 1975. During the period prior to
the effective date of the regulations, the Secretary is authorized to
conduct a food service program in the same manner and under the same
conditions and limitations as the special food service program for
children was conducted under section 13 of the National School Lunch Act
//42 USC 1761.// during the fiscal year ending June 30, 1975.
Notwithstanding the foregoing, the child care food payment rates
provided in subsection (b) of this section and the provisions of
subsection (e) of this section shall become effective on the date of
enactment of the National School Lunch Act and Child Nutrition Act of
1966 Amendments of 1975.".
Sec. 17. (a) Section 4(f) of the Child Nutrition Act of 1966 //42 USC
1773.// is amended by striking out "nonprofit private schools" in the
second sentence and inserting in lieu thereof "schools (as defined in
section 15(c) of this Act which are private and nonprofit as defined in
the last sentence of section 15(c) of this Act)".
(b) Section 15 of the Child Nutrition Act of 1966 //42 USC 1784.// is
amended by striking out paragraph (c), by redesignating paragraphs (d)
and (e) as (c) and (d), respectively, and by amending paragraph (c) (as
redesignated by this subsection) to read as follows:
"(c) ' School' means (A) any public or nonprofit private school of
high school grade or under, including kindergarten and preschool
programs operated by such school, (B) any public or licensed nonprofit
private residential child care institution (including, but not limited
to, orphanages and homes for the mentally retarded), and (C) with
respect to the Commonwealth of Puerto Rico, nonprofit child care centers
certified as such by the Governor of Puerto Rico. For purposes of
clauses (A) and (B) of this subsection, the term 'nonprofit', when
applied to any such private school or institution, means any such school
or institution which is exempt from tax under section 501(c)(3) of the
Internal Revenue Code of 1954.". //26 USC 501.//
Sec. 18. Section 5 of the Child Nutrition Act of 1966 //42 USC
1774.// is amended--
(a) By changing the period at the end of subsection (b) to a comma
and adding the following: "except that such conditions shall not apply
with respect to funds used under this section to assist schools if such
schools are especially needy, as determined by the State.".
(b) Effective beginning with the fiscal year ending June 30, 1976, by
changing subsection (e) to read as follows:
"(e) For the fiscal year ending June 30, 1976, the period July 1,
1976, through September 30, 1976, and the fiscal year ending September
30, 1977, 33 1/3 per centum of the funds appropriated for the purposes
of this section shall be reserved to the Secretary to assist schools
without a food service program and schools without the facilities to
prepare or receive hot meals. For the fiscal year ending June 30, 1976,
the Secretary shall apportion the funds so reserved among the States on
the basis of the ratio of the number of children in each State enrolled
in schools without a food service program to the number of children in
all States enrolled in schools without a food service program. After
the fiscal year ending June 30, 1976, the Secretary shall apportion the
funds so reserved among the States on the basis of the ratio of the
number of children in each State enrolled in schools without a food
service program and in schools without the facilities to prepare or
receive hot meals to the number of children in all States enrolled in
schools without a food service program and in schools without the
facilities to prepare or receive hot meals. In those State in which the
Secretary administers the nonfood assistance program in nonprofit
private schools, the Secretary shall, for the fiscal year ending June
30, 1976, withhold from the funds apportioned to any such State under
this subsection an amount which bears the same ratio to such funds as
the number of children enrolled in nonprofit private schools without a
food service program in such State bears to the total number of children
enrolled in all schools without a food service program in such State.
In those States in which the Secretary administers the nonfood
assistance program in nonprofit private schools, the Secretary shall,
after the fiscal year ending June 30, 1976, withhold from the funds
apportioned to any such State under this subsection an amount which
bears the same ratio to such funds as the number of children enrolled in
nonprofit private schools without a food service program or without the
facilities to prepare or receive hot meals in such State bears to the
total number of children enrolled in all schools without a food service
program or without the facilities to prepare or receive hot meals in
such State. The funds so reserved, apportioned, and withheld shall be
used by State educational agencies, or the Secretary in the case of
nonprofit private schools, only to assist schools without a food service
program and schools without the facilities to prepare or receive hot
meals. If any State cannot so utilize all the funds apportioned to it
under the provisions of this subsection, the Secretary shall make
further apportionments to the remaining State for use only in assisting
schools without a food service program and schools without the
facilities to prepare or receive hot meals: Provided, That if after
such further apportionments any funds reserved under this subsection
remain unused, the Secretary shall immediately apportion such funds
among the States in accordance with the provisions of subsection (b) of
this section to assist schools with a food service program and with the
facilities to prepare or receive hot meals. Payment to any State of the
funds provided to it under the provisions of this subsection shall be
made upon the condition that at least one-fourth of the cost of the
equipment financed shall be borne by funds from sources within the
State, except that such condition shall not apply with respect to funds
used under this subsection to assist schools which are especially needy,
as determined by the State."
Sec. 19. The National School Lunch Act is amended by adding at the
end thereof the following new section:
" Sec. 18. //42 USC 1767.// The Secretary is authorized to carry out
a study to determine how States are utilizing Federal funds provided to
them for the administration of the child nutrition programs authorized
by this Act and the Child Nutrition Act of 1966, //42 USC 1771 note.//
and to determine the level of funds needed by the States for
administrative purposes. The study shall report on the current size and
structure of State staffs, job descriptions and classifications,
training provided to such staff, representation of minorities on staffs,
and the allocation of staff time, training time, and Federal
administrative dollars spent among each of the various child nutrition
programs. The study shall assess State needs for additional staff
positions, training, and funds, for each of the above areas, including
additional State needs to implement adequately the provisions of this
Act and the Child Nutrition Act of 1966. The study shall also determine
State staffing needs and training program support required to conduct
effective outreach for the purpose of reaching the maximum number of
eligible children in the summer food service program and the child care
food program. As part of this study, the Secretary shall also examine
the degree and cause of plate waste in the school lunch program. The
Secretary shall examine possible relationships between plate waste and
(1) lack of adequate menu development, (2) the service of competitive
foods, and (3) the nature of the type A lunch pattern. The Secretary
shall review the study design with the appropriate congressional
committees prior to its implementation, and shall report his findings
together with any recommendations he may have with respect to additional
legislation, to the Congress no later than March 1, 1976.".
Sec. 20. The National School Lunch Act is amended by adding at the
end thereof the following new section:
" Sec. 19. //42 USC 1768.// There is hereby authorized to be
appropriated (a) for each of the fiscal years beginning July 1, 1975,
and October 1, 1976, the sum of $500,000 and (b) for the period July 1,
1976, through September 30, 1976, the sum of $125,000, to enable the
Secretary to assist the Trust Territory of the Pacific Islands to carry
out various developmental and experimental projects relating to programs
authorized under this Act and the Child Nutrition Act of 1966 to (1)
establish or improve the organizational, administrative, and operational
structures and systems at the State and local school levels; (2)
develop and conduct necessary training programs for school food service
personnel; (3) conduct a thorough study of the children's food and
dietary habits upon which special meal and nutritional requirements can
be developed; and (4) establish and maintain viable school food
services which are fully responsive to the needs of the children, and
which are consistent with the range of child nutrition programs
available to the other States, to the maximum extent possible.".
Sec. 21. (a) The Secretary shall not delay or withhold, //42 USC 1760
note.// or cause any State to delay or withhold, payments for
reimbursement of permeal costs with respect to school food service
programs authorized pursuant to the National School Lunch Act and Child
Nutrition Act of 1966 //42 USC 1751 note.// on the basis of
noncompliance with full cost accounting procedures unless and until the
requirements of subsection (b) of this section are met. //42 USC 1771
note.//
(b) The Secretary shall study the additional personnel and training
needs of States, local school districts, and schools resulting from the
imposition of a requirement to implement full cost accounting procedures
under the National School Lunch Act and Child Nutrition Act of 1966,
and, on the basis of the results of such study, shall within one year
after the date of enactment of this Act, submit a report and make such
legislative recommendations as he deems necessary to the appropriate
committees of the Congress.
Sec. 22. The National School Lunch Act is amended by striking out the
following:
" Sec. 15. //42 USC 1764.// (a) In addition to funds appropriated or
otherwise available, the Secretary is authorized to use, during the
fiscal year ending June 30, 1971, not to exceed $35,000,000 in funds
from Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to carry
out the provisions of this Act, and during the fiscal year ending June
30, 1972, not to exceed $100,000,000 in funds from such Section 32 to
carry out the provisions of this Act relating to the service of free and
reduced-price meals to needy children in schools and service
institutions.
"(b) Any funds unexpended under this section at the end of the fiscal
year ending June 30, 1971, or at the end of the fiscal year ending June
30, 1972, shall remain available to the Secretary in accordance with the
last sentence of section 3 of this Act, //42 USC 1752.// as amended.".
Sec. 23. The Child Nutrition Act of 1966 is amended by adding at the
end thereof the following new section:
" Sec. 18. //42 USC 1787.// (a) The Secretary is hereby authorized
and directed to make cash grants to State educational agencies for the
purpose of conducting experimental or demonstration projects to teach
school-children the nutritional value of foods and the relationship of
nutrition to human health.
"(b) In order to carry out the program, provided for in subsection
(a) of this section, there is hereby authorized to be appropriated not
to exceed $1,000,000 annually. The Secretary shall withhold not less
than 1 per centum of any funds appropriated under this section and shall
expend these funds to carry out research and development projects
relevant to the purpose of this section, particularly to develop
materials and techniques for the innovative presentation of nutritional
information.".
Sec. 24. Section 3 of the National School Lunch Act //42 USC 1752.//
is amended by striking out "section 13" and inserting in lieu thereof
"sections 13, 17 and 19".
Carl Albert,
Speaker of the House of
Representatives.
Dale Bumpers,
Acting President of the Senate
pro Tempore.
October 7, 1975.
The House of Representatives having proceeded to reconsider the bill
(H. R. 4222) entitled " An Act to amend the National School Lunch Act
and the Child Nutrition Act of 1966 in order to extend and revise the
special food service program for children and the school breakfast
program, and for other purposes related to strengthening the school
lunch and child nutrition programs", returned by the President of the
United States with his objections, to the House of Representatives, in
which it originated, it was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
Attest:
W. Pat Jennings,
Clerk.
By Benjamin J. Guthrie,
Assistant to the Clerk.
I certify that this Act originated in the House of Representatives.
W. Pat Jennings,
Clerk.
By Benjamin J. Guthrie,
Assistant to the Clerk.
October 7 (legislative day,
September 11), 1975.
The Senate having proceeded to reconsider the bill (H. R. 4222)
entitled " An Act to amend the National School Lunch Act and the Child
Nutrition Act of 1966 in order to extend and revise the special food
service program for children and the school breakfast program, and for
other purposes related to strengthening the school lunch and child
nutrition programs", retruned by the President of the United States with
his objections to the House of Representatives, in which it originated,
it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
Attest:
Francis R. Valeo,
Secretary.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 68 (Comm. on Education and Labor) and Nos.
94 - 427 and 94 - 474 (Comm. of Conference).
SENATE Reports: No. 94 - 259 (Comm. on Agriculture and Forestry) and
Nos. 94 - 347 and 94 - 379 (Comm. of Conference)
CONGRESSIONAL RECORD, Vol. 121 (1975):
Mar. 24, 25, Apr. 28, consicered and passed House.
July 10, considered and passed Senate, amended.
Sept. 18, House agreed to conference report.
Sept. 19, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 40:
Oct. 3, vetoed; Presidential message.
CONGRESSIONAL RECORD, Vol. 121 (1975):
Oct. 7, House and Senate overrode veto.
Public Law 94-104, 89 Stat. 508.
to promote improved relations
between the United States,
Greece, and Turkey, to assist in the solution of the
refugee problem on Cyprus,
and to otherwise strengthen the North Atlantic
Alliance.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 8(a) of the
Board for International Broadcasting Act of 1973 (22 U.S.C. 2877 (a))
//22 USC 2877.// is amended--
(1) by striking out "$49,990,000 for fiscal year 1975, of which
not less than $75,000 shall be available solely to initiate
broadcasts in the Estonian language and not less than $75,000
shall be available solely to initiate broadcasts in the Latvian
language" in the first sentence and inserting in lieu thereof
"$65,640,000 for fiscal year 1976"; and
(2) by striking out "fiscal year 1975" in the second sentence
and inserting in lieu thereof "fiscal year 1976".
Sec. 2. (a)(1) The Congress reaffirms the policy of the United States
to seek to improve and harmonize relations among the allies of the
United States and between the United States and its allies, in the
interest of mutual defense and national security. In particular, the
Congress recognizes the special contribution to the North Atlantic
Alliance of Greece and Turkey by virtue of their geographic position on
the southeastern flank of Europe and is prepared to assist in the
modernization and strengthening of their respective armed forces.
(2) The Congress further reaffirms the policy of the United States to
alleviate the suffering of refugees and other victims of armed conflict
and to foster and promote international efforts to ameliorate the
conditions which prevent such persons from resuming normal and
productive lives. The Congress, therefore, calls upon the President to
encourage and to cooperate in the implementation of multilateral
programs, under the auspices of the Secretary General of the United
Nations, the United Nations High Commissioner for Refugees, or other
appropriate international agencies, for the relief of and assistance to
refugees and other persons disadvantage by the hostilities on Cyprus
pending a final settlement of the Cyprus refugee situation in the spirit
of Security Council Resolution 361.
(b)(1) In order that the purposes of this Act may be carried out
without awaiting the enactment of foreign assistance legislation for
fiscal year 1976 programs--,
(A) the President is authorized, notwithstanding section 620 of
the Foreign Assistance Act of 1961, //22 USC 2370.// to furnish to
the Government of Turkey those defense articles and defense
services with respect to which contracts of sale were signed under
section 21 or section 22 of the Foreign Military Sales Act //22
USC 2761, 2762.// on or before February 5, 1975, and to issue
licenses for the transportation to the Government of Turkey of
arms, ammunition, and implements of war (including technical data
relating thereto): Provided, That such authorization shall be
effective only while Turkey shall observe the cease-fire and shall
neither increase its forces on Cyprus nor transfer to Cyprus any
United States supplied implements of war: Provided further, That
the authorities contained in this section shall not become
effective unless and until the President determines and certifies
to the Congress that the furnishing of defense articles and
defense services, and the issuance of licenses for the
transportation of implements of war, arms and ammunition under
this section are important to the national security interests of
the United States; and
(B) the President is requested to initiate discussions with the
Government of Greece to determine the most urgent needs of Greece
for economic and military assistance.
(C) the President is requested to initiate discussions with the
Government of Turkey concerning effective means of preventing the
diversion of opium poppy into illicit channels.
(2) The President is directed to submit to the Speaker of the House
of Representatives and to the Foreign Relations and Appropriations
Committees of the Senate within sixty days after the enactment of this
Act a report on discussions conducted under subsections (b)(1) (B) and
(C), together with his recommendations for economic and military
assistance to Greece for the fiscal year 1976.
(c)(1) Section 620(x) of the Foreign Assistance Act of 1961 //22 USC
2370.// is amended by striking out all after the word " Provided," and
inserting in lieu thereof the following: " That the President is
authorized to suspend the provisions of this section and of section 3(
c) of the Foreign Military Sales Act //22 USC 2753.// only with respect
to sales, credits, and guaranties under the Foreign Military Sales Act,
as amended, for the procurement of such defense articles and defense
services as the President determines and certifies to the Congress are
necessary in order to enable Turkey to fulfill her defense
responsibilities as a member of the North Atlantic Treaty Organization.
Any such suspension shall be effective only while Turkey shall observe
the cease-fire and shall neither increase its forces on Cyprus nor
transfer to Cyprus any United States supplied arms, ammunition, and
implements of war.".
(2) Section 620(x) of the Foreign Assistance Act of 1961 //22 USC
2370.// is further amended by designating the present subsection as
paragraph (1) and by adding at the end thereof the following new
paragraph:
"(2) The President shall submit to the Congress within sixty days
after the enactment of this paragraph, and at the end of each succeeding
sixty-day period, a report on progress made during such period toward
the conclusion of a negotiated solution of the Cyprus conflict.".
(3) Nothing in this section shall be construed as authorizing (A)
military assistance to Turkey under chapter 2 of part II of the Foreign
Assistance Act of 1961, //22 USC 2311 et seq.// or (B) sales, credits,
or guaranties to or on behalf of Turkey under the Foreign Military Sales
Act //22 USC 2751.// for the procurement of defense articles or defense
services not determined by the President to be needed for the
fulfillment of Turkey's North Atlantic Treaty Organization
responsibilities.
(4) Pursuant to the provisions of this section, in the case of any
letter of offer to sell any defense article or defense service pursuant
to the Foreign Military Sales Act for $25,000,000 or more, 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 statement
containing (A) a brief description of the defense article or defense
service to be offered, (B) the dollar amount of the proposed sale, (C)
the United States Armed Force which is making the sale, and (D) the date
on which any letter of offer to sell is to be issued. The letter of
offer shall not be issued if the Congress, within twenty calendar days
after receiving any such statement, adopts a concurrent resolution
stating in effect that it objects to such proposed sale.
(5) This subsection shall become effective //22 USC 2370 note.// only
upon enactment of foreign assistance legislation authorizing sales,
credits, and guaranties under the Foreign Military Sales Act for fiscal
year 1976. //22 USC 2751 note.//
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 500 (Comm. on International Relations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 31, considered and passed Senate.
Oct. 2, considered and passed House, amended.
Oct. 3, Senate consurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL Documents, Vol. 11, No. 40:
Oct. 3, Presidential statement.
Public Law 94-103, 89 Stat. 486, Developmentally Disabled Assistance
and Bill of Rights Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " Developmentally Disabled
Assistance and Bill of Rights Act". //42 USC 6001 note.//
Sec. 101. (a) Section 122(b) and 131 of the Developmental
Disabilities Services and Facilities Construction Act //42 USC 2661a.//
(hereinafter in this Act referred to as the " Act") are each amended by
striking out "for the fiscal years ending June 30, 1974" and inserting
in lieu thereof "each for the fiscal years ending June 30, 1974, and
June 30, 1975".
(b) Section 137(b)(1) of the Act is amended by striking out "and June
30, 1974" and inserting in lieu thereof ", June 30, 1974, and June 30,
1975".
Sec. 105. Part B of the Act is amended to read as follows:
" Sec. 121. //42 USC 6031.// (a)(1) From appropriations under
section 123, the Secretary shall make grants to university affiliated
facilities to assist them in meeting the cost of administering and
operating--
"(A) demonstration facilities for the provision of services for
persons with developmental disabilities, and
"(B) interdisciplinary training programs for personnel needed
to render specialized services for persons with developmental
disabilities.
"(2) A university affiliated facility which has received a grant
under paragraph (1) may apply to the Secretary for an increase in the
amount of its grant under such paragraph to assist it in meeting the
cost of conducting a feasibility study of the ways in which it, singly
or jointly with other university affiliated facilities which have
received a grant under paragraph (1), can establish and operate one or
more satellite centers which would be located in areas not served by a
university affiliated facility and which would provide, in coordination
with demonstration facilities and training programs for which a grant
was made under paragraph (1), services for persons with developmental
disabilities. If the Secretary approves an application of a university
affiliated facility under this paragraph for such a study, the Secretary
may for such study increase the amount of the facility's grant under
paragraph (1) by an amount not to exceed $25,000. Such a study shall be
carried out in consultation with the State Planning Council for the
State in which the facility is located and where the satellite center
would be established.
"(b) The Secretary may make grants to pay part of the costs of
establishing satellite centers and may make grants to satellite centers
to pay part of their administration and operation costs. The Secretary
may approve an application for a grant under this subsection only if the
feasibility of establishing or operating the satellite center for which
the grant is applied for has been established by a study assisted under
subsection (a)(2).
" Sec. 122. //42 USC 6032.// (a) No grant may be made under section
121 unless an application therefor is submitted to and approved by the
Secretary. Such an application shall be submitted in such form and
manner, and contain such information, as the Secretary may require.
Such an application may be approved by the Secretary only if the
application contains or is supported by reasonable assurances that the
making of the grant applied for will not result in any decrease in the
level of State, local, and other non-Federal funds for services for
persons with developmental disabilities and training of persons to
provide such services which funds would (except for such grant) be
available to the applicant, but that such grant will be used to
supplement, and, to the extent practicable, to increase the level of
such funds.
"(b) The Secretary shall give special consideration to applications
for grants under section 121(a) for programs which demonstrate an
ability and commitment to provide within a community rather than in an
institution services for persons with developmental disabilities.
" Sec. 123. //42 USC 6033.// (a) For the purpose of making grants
under section 121 there are authorized to be appropriated $15,000,000
for fiscal year 1976, $18,000,000 for fiscal year 1977, and $21,000,000
for fiscal year 1978.
"(b)(1) Of the sums appropriated under subsection (a) for fiscal
years 1976 and 1977, not less than $5,000,000 shall be made available
for grants in each such fiscal year under section 121 (a)(1). The
remainder of the sums appropriated for such fiscal years shall be made
available as follows:
"(A) First, $750,000 shall be made available in each such
fiscal year for studies described in section 121 (a)(2). The
portion of such $750,000 not required for such studies shall be
made available for grants under section 121(a)(1).
"(B) Second, any remaining sums shall be made available as the
Secretary determines except that at least 40 per centum of such
sums shall be made available for grants under section 121(b).
"(2) Of the sums appropriated under subsection (a) for fiscal year
1978, not less than $5,500,000 shall be made available for grants in
such fiscal year under section 121(a)(1). The remainder of the sums
appropriated for such fiscal year shall be made available as the
Secretary determines except that at least 40 per centum of the remainder
shall be made available for grants under section 121(b).
" Sec. 125. //42 USC 6041.// The Secretary may make grants--
"(1) to university-affiliated facilities to assist them in
meeting the costs of the renovation or modernization of buildings
which are being used in connection with an activity assisted by a
grant under section 121(a); and
"(2) to university-affiliated facilities for the construction,
renovation, or modernization of buildings to be used as satellite
centers.
"sec. 126. //42 USC 6042.// No grant may be made under section 125
unless an application therefor is submitted to and approved by the
Secretary. Such an application shall be submitted in such form and
manner, and contain such information, as the Secretary may require.
Such an application may be approved by the Secretary only if it contains
or is supported by reasonable assurances that--
"(1) the plans and specifications for the project to be
assisted by the grant applied for are in accord with regulations
prescribed by the Secretary under section 109;
"(2) title to the site for such project is or will be vested in
the applicant or in the case of a grant for a satellite center, in
a public or other nonprofit entity which is to operate the center;
"(3) adequate financial support will be available for
completion of the construction, renovation, or modernization of
the project and for its maintenance and operation when completed;
"(4) all laborers and mechanics employed by contractors or
subcontractors in the performance of work on the project will be
paid at rates not less than those prevailing on similar
construction in the locality as determined by the Secretary of
Labor in accordance with the Act of March 3, 1931 (40 U.S.C.
276a--276a-5, known as the Davis-Bacon Act) //40 USC 276a note.//
; and the Secretary of Labor shall have with respect to the labor
standards specified in this paragraph the authority and functions
set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R.
3176; 5 U.S.C. Appendix) and section 2 of the Act of June 13,
1934 (40 U.S.C. 267c); and
"(5) the building which will be constructed, renovated, or
modernized with the grant applied for will meet standards adopted
pursuant to the Act of August 12, 1968 (42 U.S.C. 4151 - 4156)
(known as the Architectural Barriers Act of 1968).
" Sec. 127. //42 USC 6043.// For the purpose of making payments
under grants under section 125, there are authorized to be appropriated
$3,000,000 for fiscal year 1976, $3,000,000 for fiscal year 1977, and
$3,000,000 for fiscal year 1978."
Sec. 110. (a) Section 131 of the Act is amended to read as follows:
" Sec. 131. //42 USC 6061.// For allotments under section 132, there
are authorized to be appropriated $40,000,000 for fiscal year 1976,
$50,000,000 for fiscal year 1977, and $60,000,000 for fiscal year 1978.
(b) Subsection (a) of section 132 of the Act //42 USC 6062.// is
amended to read as follows:
"(a)(1)(A) In each fiscal year, the Secretary shall, in accordance
with regulations and this paragraph, allot the sums appropriated for
such year under section 131 among the States on the basis of--
"(i) the population,
"(ii) the extent of need for services and facilities for
persons with developmental disabilities, and
"(iii) the financial need,
of the respective States. Sums allotted to the States under this
section shall be used in accordance with approved State plans under
section 134 //42 USC 6063.// for the provision under such plans of
services and facilities for persons with developmental disabilities.
"(B)(i) Except as provided by clause (ii)--
"(I) the allotment of the Virgin Islands, American Samoa, Guam,
and the Trust Territory of the Pacific Islands under subparagraph
(A) of this paragraph in any fiscal year shall not be less than
$50,000; and
"(II) the allotment of each other State in any fiscal year
shall not be less than the greater of $150,000, or the amount of
the allotment (determined without regard to subsection (d))
received by the State for the fiscal year ending June 30, 1974.
"(ii) If the amount appropriated under section 131 for any fiscal
year exceeds $50,000,000, the minimum allotment of a State for such
fiscal year shall be increased by an amount which bears the same ratio
to the amount determined for such State under clause (i) as the
difference between the amount so appropriated and the amount authorized
to be appropriated for such fiscal year bears to $50,000,000.
"(2) In determining, for purposes of paragraph (1)(A)(ii), the extent
of need in any State for services and facilities for persons with
developmental disabilities, the Secretary shall take into account the
scope and extent of the services specified, pursuant to section 134(b)
(5), in the State plan of such State approved under section 134.
"(3) Sums allotted to a State in a fiscal year and designated by it
for construction and remaining unobligated at the end of such year shall
remain available to such State for such purpose in the next fiscal year
(and in such year only), in addition to the sums allotted to such State
in such next fiscal year; except that if the maximum amount which may
be specified for construction (pursuant to section 134(b) (15)) for a
year plus any part of the amount so specified pursuant to such section
for the preceding fiscal year and remaining unobligated at the end of
such fiscal year is not sufficient to pay the Federal share of the cost
of construction of a specific facility included in the construction
program of the State developed pursuant to section 134(b) (13), the
amount specified pursuant to section 134(b)( 15) for such preceding year
shall remain available for a second additional year for the purpose of
paying the Federal share of the cost of construction of such facility.
"(4) Of the amount allotted any State under paragraph (1) for fiscal
year 1976, not less than 10 per centum of that allotment shall be used
by such State, in accordance with the plan submitted pursuant to section
134(b)(20), for the purpose of assisting it in developing and
implementing plans designed to eliminate inappropriate placement in
institutions of persons with developmental disabilities; and of the
amount allotted to any State under paragraph (1) for each succeeding
fiscal year, not less than 30 per centum of that allotment shall be used
by such State for such purpose."
(c) Subsection (d) of section 132 of the Act //42 USC 6062.// is
amended by inserting after "as he may fix" the following: "(but not
earlier than thirty days after he has published notice of his intention
to make such reallotment in the Federal Register)".
(d) Section 132(e) of the Act is repealed.
(e)(1) Subsection (b) of section 132 of the Act is amended by
striking out "this part" each place it occurs and inserting in lieu
thereof "the State plan".
(2) Section 134(b)(4) of the Act //42 USC 6063.// is amended by
striking out "under this part" and inserting in lieu thereof "under
section 132".
(3) Section 138 of the Act //42 USC 6065.// is amended by striking
out "under this part" each place it occurs and inserting in lieu thereof
"under section 132".
Sec. 111. (a) Subsection (b) of section 134 //42 USC 6063.// is
amended as follows:
(1) Paragraph (1) of such subsection is amended by striking out "a
State planning and advisory council" and inserting in lieu thereof "a
State Planning Council as prescribed by section 141".
(2) Paragraph (3) of such subsection is amended by striking out
"policies and procedures" and inserting in lieu thereof "priorities,
policies, and procedures".
(3) Paragraph (5) of such subsection is amended to read as
follows:
"(5) describe the quality, extent, and scope of treatment,
services, and habilitation being provided or to be provided in
implementing the State plan to persons with developmental
disabilities;".
(4) Paragraph (7) of such subsection is amended to read as
follows:
"(7) include provisions, meeting such requirements as the
United States Civil Service Commission may prescribe, relating to
the establishment and maintenance of personnel standards on a
merit basis;".
(5) Paragraph (8) of such subsection is amended to read as
follows:
"(8) provide that the State Planning Council be adequately
staffed and identify the staff assigned to the Council;".
(6) Paragraph (9) of such subsection is amended by striking out "
State planning and advisory council" and inserting in lieu thereof "
State Planning Council".
(7) Paragraph (15) of such subsection is amended by striking out "50
per centum" and inserting in lieu thereof "10 per centum".
(8) Paragraph (14) of such subsection is amended by striking out "and
assign" and inserting in lieu thereof "assign", and by inserting before
the semicolon a comma and the following: "and require that construction
of projects be done in accordance with standards prescribed by the
Secretary pursuant to the Act of August 12, 1968 (42 U.S.C. 4151 - 4156)
(known as the Architectural Barriers Act of 1968)".
(9) Such subsection is amended by striking out "and" after the
semicolon at the end of paragraph (17), by redesignating paragraph
(18) as paragraph (30), and by inserting the following new
paragraphs after paragraph (17):
"(18) provide reasonable assurance that adequate financial
support will be available to complete the construction of, and to
maintain and operate when such construction is completed, any
facility, the construction of which is assisted with sums allotted
under section 132; //42 USC 6062.//
"(19) provide reasonable assurance that all laborers and
mechanics employed by contractors or subcontractors in the
performance of work on any construction project assisted with sums
allotted under section 132 will be paid at rates not less than
those prevailing on similar construction in the locality as
determined by the Secretary of Labor in accordance with the Act of
March 3, 1931 (40 U.S.C. 276a--276a-5, known as the Davis-Bacon
Act); and the Secretary of Labor shall have with respect to the
labor standards specified in this paragraph the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (15
F.R. 3176; 5 U.S.C. Appendix) and section 2 of the Act of June
13, 1934 (40 U.S.C. 276c);
"(20) contain a plan designed (A) to eliminate inappropriate
placement in institutions of persons with developmental
disabilities, and (B) to improve the quality of care and the state
of surroundings of persons for whom institutional care is
appropriate;
"(21) provide for the early screening, diagnosis, and
evaluation (including maternal care, developmental screening, home
care, infant and preschool stimulation programs, and parent
counseling and training) of developmentally disabled infants and
preschool children, particularly those with multiple handicaps;
"(22) provide for counseling, program coordination,
follow-along services, protective services, and personal advocacy
on behalf of developmentally disabled adults;
"(23) support the establishment of community programs as
alternatives to institutionalization and support such programs
which are designed to provide services for the care and
habilitation of persons with developmental disabilities, and which
utilize, to the maximum extent feasible, the resources and
personnel in related community programs to assure full
coordination with such programs and to assure the provision of
appropriate supplemental health, educational, or social services
for persons with developmental disabilities;
"(24) contain or be supported by assurances satisfactory to the
Secretary that the human rights of all persons with developmental
disabilities (especially those without familial protection) who
are receiving treatment, services, or habilitation under programs
assisted under this title will be protected;
"(25) provide for a design for implementation which shall
include details on the methodology of implementation of the State
plan, priorities for spending of funds provided under this part, a
detailed plan for the use of such funds, specific objectives to be
achieved under the State plan, a listing of the programs and
resources to be used to meet such objectives, and a method for
periodic evaluation of the design's effectiveness in meeting such
objectives;
"(26) provide for the maximum utilization of all available
community resources including volunteers serving under the
Domestic Volunteer Service Act of 1973 //42 USC 4951 note.//
(Public Law 93 - 113) and other appropriate voluntary
organizations except that volunteer services shall supplement, but
shall not be in lieu of, services of paid employees;
"(27) provide for the implementation of an evaluation system in
accordance with the system developed under section 110;
"(28) provide, to the maximum extent feasible, an opportunity
for prior review and comment by the State Planning Council of all
State plans of the State which relate to programs affecting
persons with developmental disabilities;
"(29) provide for fair and equitable arrangements (as
determined by the Secretary after consultation with the Secretary
of Labor) to protect the interests of employees affeected by
actions to carry out the plan described in paragraph (20)(A),
including arrangements designed to preserve employee rights and
benefits and to provide training and retraining of such employees
where necessary and arrangements under which maximum efforts will
be made to guarantee the employment of such employees; and".
(b) Section 134 of the Act //42 USC 6063.// is amended by adding
after subsection (c) the following new subsection:
"(d)(1) At the request of any State, a portion of any allotment or
allotments of such State under this part for any fiscal year shall be
available to pay one-half (or such smaller share as the State may
request) of the expenditures found necessary by the Secretary for the
proper and efficient administration of the State plan approved under
this section; except that not more that 5 per centum of the total of
the allotments of such State for any fiscal year, or $50,000, whichever
is less, shall be available for such purpose. Payments under this
paragraph may be made in advance or by way of reimbursement, and in such
installments, as the Secretary may determin.
"(2) Any amount paid under paragraph (1) to any State for any fiscal
year shall be paid on condition that there shall be expended from the
State sources for such year for administration of the State plan
approved under this section not less than the total amount expended for
such purposes from such sources during the fiscal year ending June 30,
1975."
Sec. 112. Sections 135 and 136 of the Act //42 USC 2675, 2676.// are
repealed.
Sec. 113. Section 137 of the Act //42 USC 6064.// is amended as
follows:
(1) The heading for such section is amended by inserting
"construction," after " PLANNING,".
(2) Subsection (a) of such section is amended by striking out "(1)"
and by striking out paragraph (2).
(3) Subsection (b) is amended to read as follows:
"(b)(1) Upon certification to the Secretary by the State agency,
designated pursuant to section 134(b)(1), based upon inspection by it,
that work has been performed upon a construction project, or purchases
have been made for such project, in accordance with the approved plans
and specifications and that payment of an installment is due to the
applicant, such installment shall be paid to the State with respect to
such project, from the applicable allotment of such State, except that
(A) if the State is not authorized by law to make payments to the
applicant, the payment shall be made directly to the applicant, (B) if
the Secretary, after investigation or otherwise, has reason to believe
that any act (or failure to act) has occurred requiring action pursuant
to section 136, payment may, after he has given the State agency so
designated notice of opportunity for hearing pursuant to such section,
be withheld, in whole or in part, pending corrective action or action
based on such hearing, and (C) the total of payments under this
subsection with respect to such project may not exceed an amount equal
to the Federal share of the cost of construction of such project.
"(2) In case the estimated cost of a project is revised upward, any
additional payment with respect thereto may be made from the applicable
allotment of the State for the fiscal year in which such revision is
approved."
Sec. 114. Section 138 of the Act //42 USC 6065.// is amended as
follows:
(1) The heading for such section is amended by inserting
"construction," after " PLANNING,".
(2) Such section is amended by striking out " State planning and
advisory council" and inserting in lieu thereof " State Planning
Council", and by striking out " State council" and inserting in lieu
thereof " State Council".
(3) Such section is amended by inserting "(a)" after "138.), by
redesignating paragraphs (a) and (b) as paragraphs (1) and (2),
respectively, and by adding at the end the following new subsection:
"(b) The State Planning Council of a State shall review the State's
plan (including the design for implementation of such plan) under
section 134 //42 USC 6063.// and the actions of the State under such
plan for thepurpose determining if the State is complying with the
requirements of the plan (and its design for implementation). For the
purpose of assisting the Secretary in the implementation of this
section, a State Planning Council may notify the Secretary of the
results of any review carried out under this subsection."
Sec. 115. Section 140 of the Act is amended to read as follows:
" Sec. 140. //42 USC 6066.// In determining the amount of any
State's Federal share of the expenditures incurred by it under a State
plan approved under section 134, //42 USC 6063.// there shall be
disregarded (1) any portion of such expenditures which are financed by
Federal funds provided under any provision of law other than section
132, //42 USC 6062.// and (2) the amount of any non-Federal funds
required to be expended as a condition of receipt of such Federal
funds."
Sec. 116. Part C of the Act is amended by inserting after section 140
the following new section:
" Sec. 141. //42 USC 6067.// (a) Each State which receives
assistance under this part shall establish a State Planning Council
which will serve as an advocate for persons with developmental
disabilities. The members of a State's State Planning Council shall be
appointed by the Governor of such State. Each State Planning Council
shall at all times include in its membership representatives of the
principal State agencies, local agencies, and nongovernmental agencies,
and groups concerned with services to persons with developmental
disabilities. At least one-third of the membership of such a Council
shall consist of person with developmental disabilities, or their
parents or guardians, who are not officers of any entity, or employees
of any State agency or of any other entity, which receives funds or
provides services under this part.
"(b) The State Planning Council shall--,
"(1) supervise the development of and approve the State plan
required by this part;
"(2) monitor and evaluate the implementation of such State
plan;
"(3) to the maximum extent feasible, review and comment on all
State plans in the State which relate to programs affecting
persons with developmental disabilities, and
"(4) submit to the Secretary, through the Governor, such
periodic reports on its activities as the Secretary may reasonably
request.
"(c) Each State receiving assistance under this part shall provide
for the assignment to its State Planning Council of personnel adequate
to insure that the Council has the capacity to fulfill its
responsibilities under subsection (b)."
Sec. 117. Part C of the Act is amended by inserting after section
141 (added by section 116 of this Act) the following new section:
" Sec. 142. //42 USC 6068.// If any State is dissatisfied with the
Secretary's action under section 134(c) or section 136, //42 USC 6063;//
such State may appeal to the United States court of appeals for the
circuit in which such State is located, by filing a petition with such
court within sixty days after such action. A copy of the petition shall
be forthwith transmitted by the clerk of the court to the Secretary, or
any officer designated by him for that purpose. The Secretary thereupon
shall file in the court the record of the proceedings on which he based
his action, as provided in section 2112 of title 28, United States Code.
Upon the filing of such petition, the court shall have jurisdiction to
affirm the action of the Secretary or to set it aside, in whole or in
part, temporarily or permanently, but until the filing of the record,
the Secretary may modify or set aside his order. The findings of the
Secretary as to the facts, if supported by substantial evidence, shall
be conclusive, but the court, for good cause shown, may remand the case
to the Secretary to take further evidence, and the Secretary may
thereupon make new or modified findings of the fact and may modify his
previous action, and shall file in the court the record of the further
proceedings. Such new or modified findings of fact shall likewise be
conclusive if supported by substantial evidence. The judgment of the
court affirming or setting aside, in whole or in part, any action of the
Secretary shall be final, subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in section
1254 of title 28, United States Code. The commencement of proceedings
under this section shall not, unless so specifically ordered by the
court, operate as a stay of the Secretary's action."
Sec. 120. Part D of the Act is amended to read as follows:
" Sec. 145. //42 USC 6081.// (a) The Secretary, after consultation
with the National Advisory Council on Services and Facilities to the
Developmentally Desabled, may make project grants to public or nonprofit
private entities for--
"(1) demonstrations (and research and evaluation in connection
therewith) for establishing programs which hold promise of
expanding or otherwise improving services to persons with
developmental disabilities (especially those who are disadvantaged
or multihandicapped), including programs for parent counseling and
training, early screening and intervention, infant and preschool
children, seizure control systems, legal advocacy, and community
based counseling, care, housing, and other services or systems
necessary to maintain a person with developmental disabilities in
the community;
"(2) public awareness and public education programs to assist
in the elimination of socia, attitudinal, and envirmontal barriers
confronted by persons with developmental disabilities;
"(3) coordinating and using all available community resources
in meeting the needs of persons with developmental disabilities
(especially those from disadvantaged backgrounds);
"(4) demonstrations of the provision of services to persons
with developmental disabilities who are also disadvantaged because
of their economic status; "(5) technical assistance relating to
services and facilities for persons with developmental
disabilities, including assistance in State and local planning or
administration respecting such services and facilities;
"(6) training of specialized personnel needed for the provision
of services for persons with developmental disabilities or for
research directly related to such training;
"(7) developing or demonstrating new or improved techniques for
the provision of services to persons with developmental
disabilities (including model integrated service projects);
"(8) gathering and disseminating information relating to
developmental disabilities; and
"(9) improving the quality of services provided in and the
administration of programs for such persons.
"(b) No grant may be made under subsection (a) unless an application
therefor has been submitted to, and approved by, the Secretary. Such
application shall be in such form, submitted in such manner, and contain
such information, as the Secretary shall by regulation prescribe. The
Secretary may not approve such an application unless the State in which
the applicant's project will be conducted has a State plan approved
under part C. The Secretary shall provide to the State Planning Council
for the State in which an applicant's project will be conducted an
opportunity to review the application for such project and to submit its
comments thereon.
(c) Payments under grants under subsection (a) may be made in advance
or by way of reimbursement, and at such intervals and on such
conditions, as the Secretary finds necessary. The amount of any grant
under subsection (a) shall be determined by the Secretary. In
determining the amount of any grant under subsection (a) for the costs
of any project, there shall be excluded from such costs an amount equal
to the sum of (1) the amount of any other Federal grant which the
applicant has obtained, or is assured of obtaining, with respect to such
project, and (2) the amount of any non-Federal funds required to be
expended as a condition of such other Federal grant.
"(d) For the purpose of making payments under grants under subsection
(a), there are authorized to be appropriated $18,000,000 for fiscal year
1976, $22,000,000 for fiscal year 1977, and $25,000,000 for fiscal year
1978.
"(e) Of the funds appropriated under subsection (d) for any fiscal
year, not less than 25 per centum of such funds shall be used for
projects which the Secretary determines (after consultation with the
National Advisory Council on Services and Facilities for the
Developmentally Disabled) are of national significance.
"(f) No funds appropriated under the Public Health Service Act, under
this Act (other than under subsection (d) of this section), or under
section 304 of the Rehabilitation Act of 1973 //29 USC 774.// may be
used to make grants under subsection (a)."
Sec. 125. Part A of the Act is amended to read as follows:
" Sec. 101. This tilte may be cited as the ' Developmental
Disabilities Services and Facilities Construction Act'. //42 USC 6001
note.//
" Sec. 102. //42 USC 6001.// For purposes of this title:
"(1) The term ' State' includes Puerto Rico, Guam, American Samoa,
the Virgin Islands, the Trust Territory of the Pacific Islands, and the
District of Columbia.
"(2) The term 'facility for persons with developmental disabilities'
means a facility, or a specified portion of a facility, designed
primarily for the delivery of one or more services to persons with one
or more developmental disabilities.
"(3) The terms 'nonprofit facility for persons with developmental
disabilities' and 'nonprofit private institution of higher learning'
mean, respectively, a facility for persons with developmental
disabilities and an institution of higher learning which are owned and
operated by one or more nonprofit corporations or associations no part
of the net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual; and the term
'nonprofit private agency or organization' means an agency or
organization which is such a corporation or association or which is
owned and operated by one or more of such corporations or associations.
"(4) The term 'construction' includes construction of new buildings,
acquisition, expansion, remodeling, and alteration of existing
buildings, and initial equipment of any such buildings (including
medical transportation facilities); including architect's fees, but
excluding the cost of offsite improvements and the cost of the
acquisition of land.
"(5) The term 'cost of construction' means the amount found by the
Secretary to be necessary for the construction of a project.
"(6) The term 'title', when used with reference to a site for a
project, means a fee simple, or such other estate or interest (including
a leasehold on which the rental does not exceed 4 per centum of the
value of the land) as the Secretary finds sufficient to assure for a
period of not less than fifty years undisturbed use and possession for
the purposes of construction and operation of the project.
"(7) The term 'developmental disability' means a disability of a
person which--
"(A)(i) is attributable to mental retardation, cerebral palsy,
epilepsy, or autism;
"(ii) is attributable to any other condition of a person found
to be closely related to mental retardation because such condition
results in similar impairment of general intellectual functioning
or adaptive behavior to that of mentally retarded persons or
requires treatment and services similar to those required for such
persons; or
"(iii) is attributable to dyslexia resulting from a disability
described in clause (i) or (ii) of this subparagraph;
"(B) originates before such person attains age eighteen;
"(C) has continued or can be expected to continue indefinitely;
and
"(D) constitutes a substantial handicap to such person's
ability to function normally in society.
"(8) The term 'services for persons with developmental disabilities'
means specialized services or special adaptations of generic services
directed toward the alleviation of a developmental disability or toward
the social, personal, physical, or economic habilitation or
rehabilitation of an individual with such a disability; and such term
includes diagnosis, evaluation, treatment, personal care, day care,
domiciliary care, special living arrangements, training, education,
sheltered employment, recreation, counseling of the individual with such
disability and of his family, protective and other social and
socio-legal services, information and referral services, follow-along
services, and transportation services necessary to assure delivery of
services to persons with developmental disabilities.
"(9) The term 'satellite center' means an entity which is associated
with one or more university affiliated facilities and which functions as
a community or regional extension of such university affiliated
facilities in the delivery of training, services, and programs to the
developmentally disabled and their families, to personnel of State
agencies concerned with developmental disabilities, and to others
responsible for the care of persons with developmental disabilities.
"(10) The term 'university affiliated facility' means a public or
nonprofit facility which is associated with, or is an integral part of,
a college or university and which aids in demonstrating the provision of
specialized services for the diagnosis and treatment of persons with
developmental disabilities and which provides education and training
(including interdisciplinary training) of personnel needed to render
services to persons with developmental disabilities.
"(11) The term ' Secretary' means the Secretary of Health, Education,
and Welfare.
" Sec. 103.(a) //42 USC 6002.// The Federal share of any project to
be provided through grants under part B and allotments under part C may
not exceed 75 per centum of the necessary cost thereof as determined by
the Secretary, except that if the project is located in an urban or
rural poverty area, the Federal share may not exceed 90 per centum of
the project's necessary costs as so determined.
"(b) The non-Federal share of the cost of any project assisted by a
grant or allotment under this title may be provided in kind.
"(c) For the purpose of determining the Federal share with respect to
any project, expenditures on that project by a political subdivision of
a State or by a nonprofit private entity shall, subject to such
limitations and conditions the Secretary may by regulation prescribe, be
deemed to be expenditures by such State in the case of a project under
part C or by a university-affiliated facility or a satellite center, as
the case may be, in the case of a project assisted under part B.
" Sec. 104. //42 USC 6003.// Except as otherwise specifically
provided, nothing in this title shall be construed as conferring on any
Federal officer or employee the right to exercise any supervision or
control over the administration, personnel, maintenance, or operation of
any facility for persons with developmental disabilities with respect to
which any funds have been or may be expended under this title.
" Sec. 105. //42 USC 6004.// (a) Each recipient of assistance under
this title shall keep such records as the Secretary shall prescribe,
including (1) records which fully disclose (A) the amount and
disposition by such recipient of the proceeds of such assistance, (B)
the total cost of the project or undertaking in connection with which
such assistance is given or used, and (C) the amount of that portion of
the cost of the project or undertaking supplied by other sources, and
(2) such other records as will facilitate an effective audit.
"(b) The Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access for
the purpose of audit and examination to any books, documents, papers,
and records of the recipients of assistance under this title that are
pertinent to such assistance.
" Sec. 106. //42 USC 6005.// As a condition of providing assistance
under this title, the Secretary shall require that each recipient of
such assistance take affirmative action to employ and advance in
employment qualified handicapped individuals on the same terms and
conditions required with respect to the employment of such individuals
by the provisions of the Rehabilitation Act of 1973 //29 USC 701 note.//
which govern employment (1) by State rehabilitation agencies and
rehabilitation facilities, and (2) under Federal contracts and
subcontracts.
" Sec. 107. //42 USC 6006.// If any facility with respect to which
funds have been paid under part B or C shall, at any time within twenty
years after the completion of construction--
"(1) be sold or transferred to any person, agency, or
organization which is not a public or nonprofit private entity, or
"(2) cease to be a public or other nonprofit facility for
persons with developmental disabilities,
the United States shall be entitled to recover from either the
transferor or the transferee (or, in the case of a facility which has
ceased to be a public or other nonprofit facility for persons with
developmental disabilities, from the owners thereof) an amount bearing
the same ratio to the then value (as determined by the agreement of the
parties or by action brought in the district court of the United States
for the district in which the facility is situated) of so much of such
facility as constituted an approved project or projects, as the amount
of the Federal participation bore to the cost of the construction of
such project or projects. Such right of recovery shall not constitute a
lien upon such facility prior to judgment. The Secretary, in accordance
with regulations prescribed by him, may, upon finding good cause
therefor, release the applicant or other owner from the obligation to
continue such facility as a public or other nonprofit facility for
persons with developmental disabilities."
Sec. 126. (a) Section 133 of the Act is //42 USC 6007.// transferred
to part A of the Act (as amended by section 125), is redesignated as
section 108, and is amended as follows:
(1) Subsection (a) of such section is amended to read as
follows:
"(a)(1) There is established a National Advisory Council on Services
and Facilities for the Developmentally Disabled (hereinafter in this
section referred to as the ' Council') which shall consist of nine ex
officio members and sixteen members appointed by the Secretary. The ex
officio members of the Council are the Deputy Commissioner of the Bureau
of Education for the Handicapped, the Commissioner of Rehabilitation
Services Administration, the Administrator of the Social and
Rehabilitation Service, the Director of the National Institute of Child
Health and Human Development, the Director of the National Institute of
Neurological Disease and Stroke, the Director of the National Institute
of Mental Health, and three other representatives of the Department of
Health, Education, and Welfare selected by the Secretary. The appointed
members of the Council shall be selected from persons who are not
full-time employees of the United States and shall be selected without
regard to the provisions of title 5, United States Code, //5 USC 101 et
seq.// governing appointments in the competitive service. The appointed
members shall be selected from advocates in the field of services to
persons with developmental disabilities, including leaders in State or
local government, in institutions of higher education, and in
organizations which have demonstrated advocacy on behalf of such
persons. At least five such members shall be representatives of State
or local public or nonprofit private agencies responsible for services
to persons with developmental disabilities, and at least five other such
members shall be persons with developmental disabilities or the parents
or guardians of such persons.
"(2) The Secretary shall from time to time designate one of the
appointed members to serve as Chairman of the Council.
"(3) The Council shall meet at least twice a year.
"(4) The Federal Advisory Committee Act //5 USC app. I.// shall not
apply with respect to the duration of the Council."
(2) Subsection (b) of such section //42 USC 6007.// is
amended--
(A) by inserting "appointed" after " Each", and
(B) by striking out ", and except that" and all that follows in
that subsection and inserting in lieu thereof a period and the
following: " An individual who has served as a member of the
Council may not be reappointed to the Council before two years has
expired since the expiration of his last term of office as a
member."
(3) Subsection (c) of such section is amended to read as
follows:
"(c) It shall be the duty and function of the Council to--
"(1) advise the Secretary with respect to any regulations
promulgated or proposed to be promulgated by the Secretary in the
implementation of the provisions of this title;
"(2) study and evaluate programs authorized by this title to
determine their effectiveness in carrying out the purposes for
which they were established;
"(3) monitor the development and execution of this title and
report directly to the Secretary any delay in the rapid execution
of this title;
"(4) review grants made under this title and advise the
Secretary with respect thereto; and
"(5) submit to the Congress annually an evaluation of the
efficiency of the administration of the provisions of this title.
(4) Subsection (e) of such section is amended (A) by striking
out " Members" and inserting in lieu thereof " Appointed members",
and (B) by striking out "they" and inserting in lieu thereof "all
of the members".
(b) The amendments made by subsection (a) //42 USC 6007 note.// do
not affect the term of office of persons who on the date of the
enactment of this Act are members of the National Advisory Council on
Services and Facilities for the Developmentally Disabled. The Secretary
of Health, Education, a d Welfare shall make appointments to such
Council in accordance with section 108 of the Act as vacancies occur in
the membership of such Council on and after the date of the enactment of
this Act. The ex officio members prescribed by section 108 of the Act
shall take office as of the date of the enactment of this Act.
Sec. 127. Section 139 of the Act //42 USC 6008.// is transferred to
part A of the Act (as amended by sections 125 and 126), is redesignated
as section 109, and is amended as follows:
(1) Paragraphs (a), (b), and (c) are each amended by striking
out "this part" and inserting in lieu thereof "part C".
(2) Paragraphs (a), (b), (c), and (d) are redesignated as
paragraphs (1), (2), (3), and (4), respectively.
(3) The last sentence is repealed and the following new
sentences are inserted in lieu thereof: " Regulations of the
Secretary shall provide for approval of an application submitted
by a State for a project to be completed by two or more political
subdivisions, by two or more public or nonprofit private entities,
or by any combination of such subdivisions and entities. Within
one hundred and eighty days of the date of the enactment of any
amendments to this title, the Secretary shall promulgate such
regulations as may be required for implementation of such
amendments."
Sec. 128. Part A of the Act (as amended by sections 125, 126, 127) is
amended by adding after section 109 the following new section:
" Sec. 110. //42 USC 6009.// (a) The Secretary, in consultation with
the National Advisory Council on Services and Facilities for the
Developmentally Disabled, shall within two years of the date of the
enactment of the Developmentally Disabled Assistance and Bill of Rights
Act develop a comprehensive system for the evaluation of services
provided to persons with developmental disabilities through programs
(including residential and nonresidential programs) assisted under this
title. Within six months after the development of such a system, the
Secretary shall require, as a condition to the receipt of assistance
under this title, that each State submit to the Secretary, in such form
and manner as he shall prescribe, a time-phased plan for the
implementation of such system. Within two years after the date of the
development of such a system, the Secretary shall require, as a
condition to the receipt of assistance under this title, that each State
provide assurances satisfactory to the Secretary that the State is using
such a system.
"(b) The evaluation system to be developed under subsection (a)
shall--
"(1) provide objective measures of the developmental progress
of persons with developmental disabilities using data obtained
from individualized habilitation plans as required under section
112 or other comparable individual data;
"(2) provide a method of evaluating programs providing services
for persons with developmental disabilities which method uses the
measures referred to in paragraph (1); and
"(3) provide effective measures to protect the confidentiality
of records of, and information describing, persons with
developmental disabilities.
"(c) Not later than two years after the date of the Developmentally
Disabled Assistance and Bill of Rights Act, Secretary shall submit to
the Congress a report on the evaluation system developed pursuant to
subsection (a). Such report shall include an estimate of the costs to
the Federal Government and the States of developing and implementing
such a system.
"(d) The Secretary, in consultation with the National Advisory
Council on Services and Facilities for the Developmentally Disabled, may
make grants to public and private nonprofit entities and may enter into
contracts with individuals and public and nonprofit private entities to
assist in developing the evaluation to be developed under subsection
(a), except that such a grant or contract may not be entered into with
entities or individuals who have any financial or other direct interest
in any of the programs to be evaluated under such a system. Contracts
may be entered into under this subsection without regard to sections
3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C.5)."
Sec. 201. Part A of the Act (as amended by title I) is amended by
inserting after section 110 the following new section:
" Sec. 111. //42 USC 6010.// Congress makes the following findings
respecting the rights of persons with developmental disabilities:
"(1) Persons with developmental disabilities have a right to
appropriate treatment, services, and habilitation for such disabilities.
"(2) The treatment, services, and habilitation for a person with
developmental disabilities should be designed to maximize the
developmental potential of the person and should be provided in the
setting that is least restrictive of the person's personal liberty.
"(3) The Federal Government and the States both have an obligation to
assure that public funds are not provided to any institutional or other
residential program for persons with developmental disabilities that--,
"(A) does not provide treatment, services, and habilitation
which is appropriate to the needs of such persons; or
"(B) does not meet the following minimum standards:
"(i) Provision of a nourishing, well-balanced daily diet to the
persons with developmental disabilities being served by the
program.
"(ii) Provision to such persons of appropriate and sufficient
medical and dental services.
"(iii) Prohibition of the use of physical restraint on such
persons unless absolutely necessary and prohibition of the use of
such restraint as a punishment or as a substitute for a
habilitation program.
"(iv) Prohibition on the excessive use of chemical restraints
on such persons and the use of such restraints as punishment or as
a substitute for a habilitation program or in quantities that
interfere with services, treatment, or habilitation for such
persons.
"(v) Permission for close relatives of such persons to visit
them at reasonable hours without prior notice.
"(vi) Compliance with adequate fire and safety standards as may
be promulgated by the Secretary.
"(4) All programs for persons with developmental disabilities should
meet standards which are designed to assure the most favorable possible
outcome for those served, and--,
"(A) in the case of residential programs serving persons in
need of comprehensive health-related, habilitative, or
rehabilitative services, which are at least equivalent to those
standards applicable to intermediate care facilities for the
mentally retarded promulgated in regulations of the Secretary on
January 17, 1974 (39 Fed. Reg. pt. II), as appropriate when taking
into account the size of the institutions and the service delivery
arrangements of the facilities of the programs;
"(B) in the case of other residential programs for persons with
developmental disabilities, which assure that care is appropriate
to the needs of the persons being served by such programs, assure
that the persons admitted to facilities of such programs are
persons whose needs can be met through services provided by such
facilities, and assure that the facilities under such programs
provide for the humane care of the residents of the facilities,
are sanitary, and protect their rights; and
"(C) in the case of nonresidential programs, which assure the care
provided by such programs is appropriate to the persons served by the
programs."
Sec. 202. Part A of the Act is amended by inserting after section 111
(added by section 201) the following new section:
" Sec. 112. //42 USC 6011.// (a) The Secretary shall require as a
condition to a State's receiving an allotment under part C after
September 30, 1976, that the State provide the Secretary satisfactory
assurances that each program (including programs of any agency,
facility, or project) which receives funds from the State's allotment
under such part (1) has in effect for each developmentally disabled
person who receives services from or under the program a habilitation
plan meeting the requirements of subsection (b), and (2) provides for an
annual review, in accordance with subsection (c), of each such plan.
"(b) A habilitation plan for a person with developmental disabilities
shall meet the following requirements:
"(1) The plan shall be in writing.
"(2) The plan shall be developed jointly by (A) a
representative or representatives of the program primarily
responsible for delivering or coordinating the delivery of
services to the person for whom the plan is established, (B) such
person, and (c) where appropriate, such person's parent or
guardian or other representative.
"(3) Such plan shall contain a statement of the long-term
habilitation goals for the person and the intermediate
habilitation objectives relating to the attainments of such goals.
Such objectives shall be stated specifically and in sequence and
shall be expressed in behavioral or other terms that provide
measurable indices of progress. The plan shall (A) describe how
the objectives will be achieved and the barriers that might
interfere with the achivevement of them, (B) state an objective
criteria and an evaluation procedure and schedule for determining
whether such objectives and goals are being achieved, and (C)
provide for a program coordinator who will be responsible for the
implementation of the plan.
"(4) The plan shall contain a statement (in readily
understandable form) of specific habilitation services to be
provided, shall identify each agency which will deliver such
services, shall describe the personnel (and their qualifications)
necessary for the provision of such services, and shall specify
the date of the initiation of each service to be provided and the
anticipated duration of each such service.
"(5) The plan shall specify the role and objectives of all
parties to the implementation of the plan.
"(c) Each habilitation plan shall be reviewed at least annually by
the agency primarily responsible for the delivery of services to the
person for whom the plan was established or responsible for the
coordination of the delivery of services to such person. In the course
of the review, such person and the person's parents or guardian or other
representative shall be given an opportunity to review such plan and to
participate in its revision."
Sec. 203. Part A of the Act is amended by inserting after section 112
(added by section 202) the following new section:
" Sec. 113. //42 USC 6012.// (a) The Secretary shall require as a
condition to a State receiving an allotment under part C for a fiscal
year ending before October 1, 1977, that the State provide the Secretary
satisfactory assurances that not later than such date (1) the State will
have in effect a system to protect and advocate the rights of persons
with development disabilities, and (2) such system will (A) have the
authority to pursue legal, administrative, and other appropriate
remedies to insure the protection of the rights of such persons who are
receiving treatment, services, or habilitation within the State, and (B)
be independent of any State agency which provides treatment, services,
or habilitation to persons with developmental disabilities. The
Secretary may not make an allotment under part C to a State for a fiscal
year beginning after September 30, 1977, unless the State has in effect
a system described in the preceding sentence.
"(b)(1) To assist States in meeting the requirements of subsection
(a), the Secretary shall allot to the States the sums appropriated under
paragraph (2). Such allotments shall be made in accordance with
subsections (a)(1)(A) and (b) of section 132. //42 USC 6062.//
"(2) For allotments under paragraph (1), there are authorized to be
appropriated $3,000,000 for fiscal year 1976, $3,000,000 for fiscal year
1977, and $3,000,000 for fiscal year 1978."
Sec. 204. (a) The Secretary of Health, Education, and Welfare
(hereinafter in this section referred to as the " Secretary") shall
conduct or arrange for the conduct of the following: //42 USC 6010
note.//
(1) A review and evaluation of the standards and quality
assurance mechanisms applicable to residential facilities and
community agencies under the Rehabilitation Act of 1973, //29 USC
701 note.// titles I and VI of the Elementary and Secondary
Education Act of 1965, //20 USC 331 note, 871.// titles XVIII,
XIX, and XX of the Social Security Act, //42 USC 1395, 1396,
1397.// and any other Federal law administered by the Secretary.
Such standards and mechanisms shall be reviewed and evaluated (A)
for their effectiveness in assuring the rights, described in
section 111 of the Act, of persons with developmental
disabilities, (B) for their affectiveness in insuring that
services rendered by such facilities and agencies to persons with
developmental disabilites are consistent with current concepts of
quality care concerning treatment, services, and habilitation of
such persons, (C) for conflicting requirements, and (D) for the
relative effectiveness of their enforcement and the degree and
extent of their effectiveness.
(2) The development of recommendations for standards and
quality assurance mechanisms (including enforcement mechanisms)
for residential facilities and community agencies providing
treatment, services, or habilitation for persons with
developmental disabilities which standards and mechanisms will
assure the rights stated in section 111 of the Act. Such
recommendations shall be based upon performance criteria for
measuring and evaluating the developmental progress of persons
with developmental disabilities which criteria are consistent with
criteria used in the evaluation system developed under section 110
of the Act.
(3) The development of recommendations for changes in Federal
law and regulations administered by the Secretary after taking
into account the review and evaluation under paragraph (1) and the
recommended standards or mechanisms developed under paragraph (2).
(b)(1) The Secretary may in consultation with the National Advisory
Council on Services and Facilities for the Developmentally Disabled,
obtain (through grants or contracts) the assistance of public and
private entities in carrying out subsection (a).
(2) In carrying out subsection (a), the Secretary shall consult with
appropriate public and private entities and individuals for the prupose
of receiving their expert assistance, advice, and recommendations. Such
agencies and individuals shall include persons with developmental
disabilities, representative of such individuals, the appropriate
councils of the Joint Commission on Accreditation of Hospitals,
providers of health care, and State agencies. Persons to be consulted
shall include the following officers of the Department of Health,
Education, and Welfare: The Commissioner of the Medical Services
Administration, the Commissioner of the Rehabilitation Services
Administration, the Deputy Commissioner of the Bureau of Education for
the Handicapped, the Assistant Secretary for Human Development, the
Commissioner of the Community Services Administration, and the
Commissioner of the Social Security Administration.
(c) The Secretary shall within eighteen months after the date of
enactment of this Act complete the review and evaluation and development
of recommendations prescribed by subsection (a) and shall make a report
to the Committee on Labor and Public Welfare of the Senate and the
Committee on Interstate and Foreign Commerce of the House of
Representatives on such review and evaluation and recommendations.
Sec. 301. (a) The Secretary of Health, Education, and Welfare //42
USC 6001 note.// (hereinafter in this section referred to as the "
Secretary") shall, in accordance with section 101 (7) of the Act
(defining the term "developmental disability") (as amended by title I of
this Act), determine the conditions of persons which should be included
as developmental disabilities for purposes of the programs aughorized by
title I of the Act. Within six months of the date of enactment of this
Act the Secretary shall make such determination and shall make a report
thereon to the Congress specifying the conditions which he determined
should be so included, the conditions which he determined should not be
so included, and the reasons for each such determination. After making
such report, the Secretary shall periodically, but not less often than
annually, review the conditions not so included as developmental
disabilities to determine if they should be so included. The Secretary
shall report to the Congress the results of each such review.
(b)(1) The Secretary shall contract for the conduct of an independent
objective study to determine (A) if the basis of the definition of the
developmental disabilities (as amended by title I of this Act) with
respect to which assistance is authorized under such title is
appropriate and, to the extent that it is not, to determine an
appropriate basis for determining which disabilities should be included
and which disabilities should be excluded from the definition, and (B)
the nature and adequacy of services provided under other Federal
programs for persons with disabilities not included in such definition.
(2) A final report giving the results of the study required by
paragraph (1) and providing specifications for the definition of
developmental disabilities for purposes of title I of the Act shall be
submitted by the organization conducting the study to the Committee on
Inter-State and Foreign Commerce of the House of Representatives and the
Committee on Labor and Public Welfare of the Senate not later than
eighteen months after the date of enactment of this Act.
Sec. 302. (a) Sections 134, 137, 138, 140, 141, and 142 of the Act
//42 USC 6063 - 6068.// are redesignated as sections 133, 134, 135, 136,
137, and 138, respectively.
(b)(1) Section 132 of the Act //42 USC 6062.// is amended by striking
out "134" each place it occurs and inserting in lieu thereof "133".
(2) Section 133(b)(1) //42 USC 6063.// is amended by striking out
"141" and inserting in lieu thereof "137".
(3) Section 135 of the Act //42 USC 6065.// (as so redesignated) is
amended (A) by striking out "134" each place it occurs and inserting in
lieu thereof "133", and (B) by striking out "136" in subsection (b) and
inserting in lieu thereof "135".
(4) Section 136 of the Act //42 USC 6066.// (as so redesignated) is
amended by striking out "134" each place it occurs and inserting in lieu
thereof "133".
(5) Section 138 of the Act //42 USC 6068.// (as so redesignated) is
amended (A) by striking out "134" and inserting in lieu thereof "133",
and (B) by striking out "136" and inserting in lieu thereof "135".
(c) Sections 100 and 130 of the Act and title IV of the Mental
Retardation Facilities and Community Mental Health Centers Construction
Act of 1963 //42 USC 2661 note, 2670, 2691, 2693 - 2697b.// are
repealed.
Sec. 303. The amendments made by this Act shall take effect with
respect to appropriations under the Act for fiscal years beginning after
June 30, 1975. //42 USC 6001 note.//
LEGISLATIVE HISTORY
HOUSE REPORTS: No. 94 0 58 (Comm. on Interstate and Foreign
Commerce) and No. 94 - 473 (Comm. of Conference).
SENATE REPORT No. 94 - 160 accompanying S. 462 (Comm. on Labor and
Public Welfare).
CONGRESSIONAL Record, Vol. 121 (1975):
Apr. 10, considered and passed House.
June 2, considered and passed Senate, amended, in lieu of S.
462.
Sept. 18, House agreed to conference report.
Sept. 23, Senate agreed to conference report.
Public Law 94-102, 89 Stat. 485, Federal Reclamation Projects.
Rehabilitation and Betterment Loans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the first sentence
of the Act entitled " An Act to provide for the return of rehabilitation
betterment costs of Federal reclamation projects", approved October 7,
1949, //43 USC 504.// is amended to read as follows: " Expenditures of
funds hereafter specifically appropriated for rehabilitation and
betterment of any project constructed under authority of the Small
Reclamation Projects Act //43 USC 422k.// (Act of August 6, 1956, 70
Stat. 1044, and Acts amendatory thereof and supplementary thereto) and
of irrigation systems on projects governed by the Federal reclamation
laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or
supplementary thereto) //43 USC 391 note.// , shall be made only after
the organizations concerned shall have obligated themselves for the
return thereof, in installments fixed in accordance with their ability
to pay, as determined by the Secretary of the Interior in the light of
their outstanding repayment obligations, and which shall, to the fullest
practicable extent, be scheduled for return with their construction
charge installments or otherwise scheduled as he shall determine:
Provided, That repayment of such loans made for small reclamation
projects shall include interest in accordance with the provisions of
said Small Reclamation Projects Act.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 102 (Comm. on Interior and Insular Affairs).
SENATE REPORT No. 94 - 380 (Comm. on Interior and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 212 (1975):
Apr. 8, considered and passed House.
Sept. 22, considered and passed Senate.
Public Law 94-101, 89 Stat. 484.
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 the date of enactment in the second column below, an
amount not to exceed that shown opposite such river basin in the third
column below:
Baisn Date Amount
Arkansas River Basin June 28, 1938 $4,000,000
Mississippi River and
Tributaries May 15, 1928 158,000,000
North Branch Susquehana
River Basin July 3, 1958 22,000,000
Santa Ana River Basin June 22, 1936 2,000,000
(b) The total amount authorized to be appropriated by this section
shall not exceed $186,000,000.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 440 accompanying H.R. 8757 (Comm. on Public
Works and Transportation).
SENATE REPORT N. 94 - 362 (Comm. on Public Works).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 4, considered and passed Senate.
Sept. 19, considered and passed House, lieu of H.R. 8757.
Public Law 94-100, 89 Stat. 483, Defense Production Act of 1950,
Amendments.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the first sentence of
section 717(a) of the Defense Production Act of 1950 //50 USC app.
2166.// is amended by striking out " September 30, 1975" and inserting
in lieu thereof " November 30, 1975".
Sec. 2. The last sentence of subsection (j) of Public Law 93 - 311
//15 USC 1026.// is amended by striking out " September 30, 1975" and
inserting in lieu thereof " November 30, 1975".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 29, considered and passed House.
Sept. 30, considered and passed Senate.
Public Law 94-99, 89 Stat. 481, Emergency Petroleum Allocation Act of
1975.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " Emergency Petroleum
Allocation Act of 1975". //15 USC 751 note.//
Sec. 2. Section 4(g)(1) of the Emergency Petroleum Allocation Act of
1973 //15 USC 753.// is amended by striking out " August 31, 1975,"
wherever it appears and inserting in lieu thereof " November 15, 1975,".
Sec. 3. It is the intent of the Congress that the regulations
promulgated under the Emergency Petroleum Allocation Act of 1973 //15
USC 753 note.// shall be effective for the period between August 31,
1975, and the date of enactment of this Act. //15 USC 751 note.//
Sec. 4. The purpose of this limited extension of the Emergency
Petroleum Allocation Act //15 USC 753 note.// is to provide Congress and
the Executive adequate time and opportunity to reach mutual agreement on
a long-term petroleum pricing policy. During the period of this
extension it is the intent of the Congress that the status quo shall be
maintained and the President shall institute no major change in
petroleum pricing policy under section 4(g)(2) of the Act prior to
November 1, 1975. Any adjustment the President may make in price shall
be in accord with his policy on inflation impact statements and economic
justification set forth in Executive Order Numbered 11821 and in
Circular Numbered A-107, January 28, 1975, Office of Management and
Budget.
Sec. 5. Any Senate resolution to disapprove a Presidential decontrol
proposal submitted under section 4(g)(2) //15 USC 753 note.// shall be
immediately placed upon the Senate legislative calendar and any motion
by the Majority Leader or his designee thereafter to proceed to the
consideration of such disapproval resolution shall be decided without
debate and by majority vote; and within forty-eight hours after the
disapproval resolution is made the pending business or sooner if
otherwise ordered by the Senate, the Chair shall direct the Clerk to
call the roll on the final disposition of the disapproval resolution
without any further debate or intervening motion, any other rule or
provision of law notwithstanding.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 11, considered and passed House
Sept. 11, 26 considered and passed Senate, amended, in lieu of
S. 2299.
sept. 26, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 40:
Sept. 29, Presidential statement.
Public Law 94-98, 89 Stat. 480.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, The Regents of the
Smithsonian Institution are authorized to prepare plans for museum
support facilities to be used for //20 USC 50 note.// (1) the care,
curation, conservation, deposit, preparation, and study of the national
collections of scientific, historic, and artistic objects, specimens,
and artifacts; (2) the related documentation of such collections of the
Smithsonian Institution; and (3) the training of museum conservators.
Sec. 2. The museum support facilities referred to in section 1 shall
be located on federally owned land within the metropolitan area of
Washington, District of Columbia. Any Federal agency is authorized to
transfer land under its jurisdiction to the Smithsonian Institution for
such purposes without reimbursement.
Sec. 3. There are hereby authorized to be appropriated to the
Smithsonian Institution such sums as may be necessary to accomplish the
purposes of this Act.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 258 accompanying H.R. 5328 (Comm. on House
Administration).
SENATE REPORT No. 94 - 298 (Comm. on Rules nd Administration).
CONGRESSIONAL RECORD, Vol. 121 (1975):
July 25, considered and passed Senate.
Sept. 3, considered and passed House, amended, in lieu of H.R.
5328
Setp. 8, Senate concurred in House amendment.
Public Law 94-97, 89 Stat. 470.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That, effective January
1, 1978, section 6103(a) of title 5, United States Code, is amended by
striking out--
" Veterans Day, the fourth Monday in October." and inserting in lieu
thereof--
" Veterans Day, November 11.".
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 451 (Comm. on Post Office and Civil Service).
SENATE REPORT No. 94 - 34 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 121 (1975)d
Mar. 13, considered and passed Senate.
Sept. 9, considered and passed House.
Public Law 94-96, 89 Stat. 478.
Whereas in the congestion and the complexities, the tensions and
frustrations of today's life, the need for outdoor recreation--the
opportunity to "get away from it all"--has become of crucial importance;
and
Whereas there are few pursuits providing a better chance for healthy
exercise, peaceful solitude, and appreciation of the great outdoors than
hunting and fishing; and
Whereas this is evident in the fact that more than fifteen million
hunting licenses and twenty-four million fishing licenses were issued in
1970; and
Whereas this income provides a rich source of funds for fish and
wildlife conservation and management and for the salvation,
preservation, and propagation of vanishing species; and
Whereas hunters and anglers traditionally have led in the effort to
preserve our natural resources; and
Whereas outdoor sportsmen also have led in the promotion of proper
respect for private as well as public property, of courtesy in the field
and forest, and in boating and firearm safety programs; and
Whereas there is no present national recognition of the many and
worthwhile contributions of the American hunter and angler: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States declare the fourth Saturday of September 1975, as "
National Hunting and Fishing Day" to provide that deserved national
recognition, to recognize the esthetic, health, and recreational virtues
of hunting and fishing, to dramatize the continued need for gun and boat
safety, and to rededicate ourselves to the conservation and respectful
use of our wildlife and natural resources.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 457 accompanying H.J. Res. 209 (Comm. on Post
Office and Civil Service).
SENATE REPORT No. 94 - 109 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 121 (1975):
May 8, considered and passed Senate.
Sept. 9, considered and passed House in lieu of H. J. Res.
209.
Public Law 94-95, 89 Stat. 477.
Whereas Elizabeth Seton, who was born in New York City on August 28,
1774, and who died in Emmitsburg, Maryland, on January 8, 1821, who was
the founder of the first religious order for women in the United States
and who also established the first Catholic parish school in the United
States, will be canonized and proclaimed to be a saint on September 14,
1975, at official ceremonies in Saint Peter's Basilica in Rome, thus
becoming the first person born in what is now the United States to be so
recognized; and
Whereas Elizabeth Seton, who will then be known as Saint Elizabeth
Seton, through her own life and work and through the work of thousands
of women who traced the origins of their religious foundations to her
founding of the Sisters of Charity of Saint Joseph of Emmitsburg,
Maryland, on July 31, 1809, made an extraordinary contribution to the
religious and moral life of our country as well as to the education,
health, and welfare of vast numbers of our citizens: Now, therefore, be
it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President is
authorized and requested to issue a proclamation designating Sunday,
September 14, 1975, as " National Saint Elizabeth Seton Day" and calling
upon the people of the United States and interested groups and
organizations to observe that day with appropriate ceremonies and
activities.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 94 - 458 accompanying H. J. Res. 597 (Common. on
Post Office and Civil Service).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 8, considered and passed Senate.
Sept. 9, considered and passed House, in lieu of H. J. Res.
597.
Public Law 94-94, 89 Stat. 468, Education Division and related
Agencies Appropriation Act, 1976.
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 Education Division and related agencies, for the
fiscal year ending June 30, 1976, and the period ending September 30,
1976, and for other purposes, namely:
For carrying out, to the extent not otherwise provided, title I, part
A ($2,023,981,000), title I, part B ($24,769,000), title IV, part C
($172,888,000), and title VII of the Elementary and Secondary Education
Act ($97,770,000) //20 USC 241c, 241d, 1831, 880b.// ; title VII of the
Education Amendments of 1974; the Environmental Education Act //20 USC
1901; 20 USC 1531 note.// ($3,000,000): section 417(a) (2) of the
General Education Provisions Act; //20 USC 1226c.// part J of the
Vocational Education Act; //20 USC 1393.// part IV of title III of the
Communications Act of 1934; the Alcohol and Drug Abuse Education Act;
//47 USC 390; 21 USC 1001 note.// and part B of the Headstart-Follow
Through Act //42 USC 2929.// ($59,000,000), $2,414,158,000, of which
$12,500,000 shall be for educational broadcasting facilities and shall
remain available until expended: Provided, That of the amounts
appropriated above the following amounts shall become available for
obligation on July 1, 1976, and shall remain available until September
30, 1977: title I, part A ($2,023,981,000), title I, part B
($24,769,000), title IV, part C ($172,888,000) of the Elementary and
Secondary Education Act and section 417(a)(2) of the General Education
Provisions Act ($1,250,000): Provided further, That amounts
appropriated for carrying out title I of the Elementary and Secondary
Education Act in the fiscal year 1976, //20 USC 241a.// shall be
available for carrying out section 822 of Public Law 93 - 380. //20 USC
241c note.// For carrying out title IV of the Elementary and Secondary
Education Act //20 USC 1801.// an additional $11,633,852 for fiscal year
1977: Provided, That none of such funds may be paid to any State for
which the allocation for fiscal year 1977 exceeds the allocation for
comparable purposes for fiscal year 1974.
For carrying out title I of the Act of September 30, 1950, //20 USC
236 et seq.// as amended (20 U.S.C., ch. 13), $660,000,000 of which
$46,000,000 shall be for payments under section 6, //20 USC 241.//
$603,000,000 shall be for payments under sections 2, 3, and j in
accordance with subsection 5(c) of said Act, //20 USC 237, 238, 239,
240.// and $11,000,000 shall be for payments under subparagraphs (B) and
(C) of section 305 of the Education Amendments of 1974. //20 USC 238.//
For carrying out the Act of September 23, 1950, //20 USC 631 et seq.//
as amended (20 U.S.C., ch. 19), $20,000,000, which shall remain
available until expended, shall be for providing school facilities as
authorized by said Act of September 23, 1950: Provided, That, with the
exception of up to $5,000,000 for repairs for facilities constructed
under section 10, //20 USC 640.// none of the funds contained herein for
providing school facilities shall be available to pay for any other
section of the Act of September 23, 1950, until payment has been made of
100 per centum of the amounts payable under section 5 and subsections
14(a) and 14(b) //20 USC 635, 644.// : Provided further, That of the
funds provided herein for carrying out the Act of September 23, 1950, no
more than 47.5 per centum may be used to fund section 5 of said Act:
Provided further, That the Commissioner of Education is hereby
authorized to provide amounts necessary to meet the costs of providing
increased school facilities in communities located near the Trident
Support Site, Bangor, Washington; notwithstanding section 421 A
(c)(2)(A) of the General Education Provisions Act, //20 USC 1231.// the
Commissioner is authorized to approve applications for funds for this
purpose on such terms and conditions as he may reasonably require
without regard to any provision in law. For " School assistance in
federally affected areas" for the period July 1, 1976, through September
30, 1976, $70,000,000.
For carrying out title IV of the Civil Rights Act of 1964 //42 USC
2000c.// and the Emergency School Aid Act, //20 USC 1601 note.//
$241,700,000. For carrying out title IV of the Civil Rights Act of 1964
and the Emergency School Aid Act, for the period July 1, 1976, through
September 30, 1976, $325,000.
For carrying out, to the extent not otherwise provided, the Education
of the Handicapped Act, //20 USC 1401 note.// $236,375,000: Provided,
That of this amount, $110,000,000 for part B shall become available for
obligation on July 1, 1976, and shall remain available until September
30, 1977. For " Education for the handicapped" for the period July 1,
1976, through September 30, 1976, $10,500,000.
For carrying out, to the extent not otherwise provided, section 102
(b) ($20,000,000), parts B and C ($433,529,100), D, F ($40,994,000), G
($19,500,000), H ($9,849,000) and I of the Vocational Education Act of
1963, as amended (20 U.S.C. 1241 - 1391), and parts B-1, D, and F of the
Education Professions Development Act, //20 USC 1101, 1119, 1119c.// and
the Adult Education Act of 1966, //20 USC 1201 note.// $669,650,100,
including $16,000,000 for exemplary programs under part D of said 1963
Act //20 USC 1301.// of which 50 per centum shall remain available until
expended and 50 per centum shall remain available through June 30, 1977,
and not to exceed $18,000,000 for research and training under part C of
said 1963 Act: //20 USC 1281.// : Provided, That of this amount
$71,500,000 for the Adult Education Act shall become available for
obligation on July 1, 1976, and shall remain available until September
30, 1977. For " Occupational, vocational, and adult education" for the
period July 1, 1976, through September 30, 1976, $151,000,000.
For carrying out, to the extent not otherwise provided, titles I,
III, IV, and parts A, B, C, and D of title IX and section 1203 of the
Higher Education Act, the Emergency Insured Student Loan Act of 1969,
//20 USC 1001, 1051, 1070, 1134, 1134d, 1134i, 1134n, 1142b.// as
amended, section 207 and title VI of the National Defense Education Act,
//20 USC 1078a note.// the Mutual Educational and Cultural Exchange Act
of 1961, section 22 of the Act of June 29, 1935, //20 USC 427, 511; 22
USC 2451 note.// (7 U.S.C. 329), section 421 of the General Education
Provisions Act, //20 USC 1230.// title IX of the Elementary and
Secondary Education Act, and Public Law 92 - 506, //20 USC 900; 86
Stat. 907.// $2,439,309,000, of which $240,093,000 for supplemental
educational opportunity grants and amounts available for work-study
grants and for incentive grants shall remain available through September
30, 1977, $23,750,000 shall be for veterans cost-of-instruction payments
to institutions of higher education, $715,000,000 shall be for basic
opportunity grants (including not to exceed $11,500,000 for
administrative expenses) of which $703,500,000 shall remain available
through September 30, 1977, and $542,000,000 for subsidies on guaranteed
student loans shall remain available until expended. For " Higher
education" for the period July 1, 1976, through September 30, 1976,
$124,000,000, to remain available until expended.
For carrying out, to the extent not otherwise provided, titles I
($49,155,000) and III ($2,594,000) of the Library Services and
Construction Act (20 U.S.C., ch. 16); titles II and VI //20 USC 352,
355e.// ($7,500,000) of the Higher Education Act; and title IV, part B
($147,330,000) of the Elementary and Secondary Education Act, //20 USC
1021, 1121.// $218,054,000: Provided, That the amount appropriated
above for title IV, part B of the Elementary and Secondary Education Act
//20 USC 1821.// shall become available for obligation on July 1, 1976,
and shall remain available until September 30, 1977.
For carrying out the Special Projects Act //20 USC 1851 note.//
(Public Law 93 - 380), $36,893,000.
For payments in foreign currencies which the Treasury Department
determines to be excess to the normal requirements of the United States,
for necessary expenses of the Office of Education, as authorized by law,
$2,000,000, to remain available until expended: Provided, That this
appropriation shall be available, in addition to other appropriations to
such office, for payments in the foregoing currencies.
For " Educational activities overseas (special foreign currency
program)" for the period July 1, 1976, through September 30, 1976,
$200,000, to remain available until expended.
For carrying out, to the extent not otherwise provided, the General
Education Provisions Act, //20 USC 1221 note;// and the Education
Amendments of 1974, //20 USC 821 note.// including rental of conference
rooms in the District of Columbia, $105,224,000.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $24,643,000.
For the Student Loan Insurance Fund authorized by the Higher
Education Act of 1965, //20 USC 1001 note.// $201,787,000, to remain
available until expended.
For the " Student Loan Insurance Fund" for the period July 1, 1976,
through September 30, 1976, $30,000,000, to remain available until
expended.
For the payment of such insufficiencies as may be required by the
trustee on account of outstanding beneficial interest or participations
in assets of the Office of Education authorized by the Department of
Health, Education, and Welfare Appropriation Act, 1968, //81 Stat.
386.// to be issued pursuant to section 302(c) of the Federal National
Mortgage Association Charter Act (12 U.S.C. 1717(c)), $2,192,000, to
remain available until expended, and the Secretary is hereby authorized
to make such expenditures, within the limits of funds available in the
Higher Education Facilities Loan and Insurance Fund, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitation as provided by section 104 of the Government Corporation
Control Act (31 U.S.C. 849) as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for such
fund.
For " Higher Education Facilities Loan and Insurance Fund" for the
period July 1, 1976, through September 30, 1976, for the payment of such
insufficiencies as may be required by the trustee on account of
outstanding beneficial interest or participations in assets of the
Office of Education authorized by the Department of Health, Education,
and Welfare Appropriation Act, 1968, to be issued pursuant to section
302(c) of the Federal National Mortgage Association Charter Act (12 U.
S.C. 1717(c)), $548,000, to remain available until expended, and the
Secretary is hereby authorized to make such expenditures, within the
limits of funds available in the Higher Education Facilities Loan and
Insurance Fund, and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitation as provided by
section 104 of the Government Corporation Control Act (31 U.S.C. 849) as
may be necessary in carrying out the program for the current fiscal
period for such fund.
For carrying out section 405 of the General Education Provisions Act,
//20 USC 1221e.// including rental of conference rooms in the District
of Columbia, $70,000,000, of which up to $30,000,000 shall be made
available by the Institute to the educational laboratories and research
and development centers: Provided, That none of the funds appropriated
under this heading may be used to award a grant or contract to any
educational laboratory, research and development center, or any other
project if any employee of said laboratory, center, or project is
compensated, directly or indirectly, in whole or in part from Federal
funds at an annual salary in excess of the salary paid to the U.S.
Commissioner of Education or the Director of the National Institute of
Education.
For " National Institute of Education" for the period July 1, 1976,
through September 30, 1976, $20,000,000.
For necessary expenses to carry out sections 402, 404, and 406 of the
General Education Provisions Act, //20 USC 1221b, 1221d, 1221e-1.//
$32,500,000, of which not to exceed $1,500 may be for official reception
and representation expenses.
For " Salaries and expenses" for the period July 1, 1976, through
September 30, 1976, $5,599,000, of which not to exceed $400 may be for
official reception and representation expenses.
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
- 105), $2,408,000.
For " American Printing House for the Blind" for the period July 1,
1976, through September 30, 1976, $602,000.
For carrying out the National Technical Institute for the Deaf Act
(20 U.S.C. 681, et seq.), $9,836,000.
For " National Technical Institute for the Deaf" for the period July
1, 1976, through September 30, 1976, $2,932,000.
For carrying out the Model Secondary School for the Deaf Act (80
Stat. 1027) and for the partial support of Gallaudet College authorized
by the Act of June 18, 1954, //68 Stat. 265.// $22,435,000, of which
$2,255,000 shall be for construction and shall remain available until
expended: Provided, That if requested by the college, such construction
shall be supervised by the General Services Administration.
For " Gallaudet College" for the period July 1, 1976, through
September 30, 1976, $5,606,000.
For the partial support of Howard University, $84,158,000, of which
$10,000,000 shall be for construction and shall remain available until
expended: Provided, That if requested by the university, such
construction shall be supervised by the General Services Administration.
For " Howard University" for the period July 1, 1976, through
September 30, 1976, $18,728,000.
Sec. 301. Appropriations contained in this Act, available for
salaries and expenses, shall be availble for services as authorized by 5
U.S.C. 3109 but at rates for individuals not to exceed the per diem rate
equivalent to the rate for GS-18.
Sec. 302. Appropriations contained in this Act available for salaries
and expenses shall be available for expenses of attendance at meetings
which are concerned with the functions or activities for which the
appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities.
Sec. 303. 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 Public
Law 93 - 554. //88 Stat. 1784.//
Sec. 304. No part of any appropriation contained in this Act shall be
used to finance any Civil Service Interagency Board of Examiners.
Sec. 305. No part of the funds appropriated under this Act shall be
used to provide a loan, guarantee of a loan, a grant, the salary of or
any remuneration whatever to any individual applying for admission,
attending, employed by, teaching at, or doing research at an institution
of higher education who has engaged in conduct on or after August 1,
1969, which involves the use of (or the assistance to others in the use
of) force or the threat of force or the seizure of property under the
control of an institution of higher education, to require or prevent the
availability of certain curriculum, or to prevent the faculty,
administrative officials, or students in such institution from engaging
in their duties or pursuing their studies at such institution.
Sec. 306. The Secretary of Health, Education, and Welfare is
authorized to transfer unexpended balances of prior appropriations to
accounts corresponding to current appropriations provided in this Act:
Provided, That such transferred balances are used for the same purpose,
and for the same periods of time, for which they were originally
appropriated.
Sec. 307. Funds contained in this Act used to pay for contract
services by profitmaking consultant firms or to support consultant
appointments shall not exceed the fiscal year 1973 level: Provided,
That obligations made from funds contained in this Act for consultant
fees and services to any individual or group of consulting firms on any
one project in excess of $25,000 shall be reported to the Senate and
House of Representatives at least twice annually.
Sec. 308. No part of any appropriation contained in this Act shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television or film presentation designed to support
or defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 309. 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 percent 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. 310. None of the funds provided herein shall be used to pay any
recipient of a grant for the conduct of a research project an amount
equal to as much as the entire cost of such project.
Sec. 311. None of the funds contained in this Act shall be used for
any activity the purpose of which is to require any recipient of any
project grant for research, training, or demonstration made by any
officer or employee of the Department of Health, Education, and Welfare
to pay to the United States any portion of any interest or other income
earned on payments of such grant made before July 1, 1964; nor shall
any of the funds contained in this Act be used for any activity the
purpose of which is to require payment to the United States of any
portion of any interest or other income earned on payments made before
July 1, 1964, to the American Printing House for the Blind.
Sec. 312. Funds appropriated in this Act to the American Printing
House for the Blind, Howard University, the National Technical Institute
for the Deaf, and Gallaudet College shall be awarded to these
institutions in the form of lump-sum grants and expenditures made
therefrom shall be subject to audit by the Secretary of Health,
Education, and Welfare.
Sec. 313. None of the funds contained in this Act shall be available
for additional permanent Federal positions in the Washington area if the
proportion of additional positions in the Washington area in relation to
the total new positions is allowed to exceed the proportion existing at
the close of fiscal year 1966.
Sec. 314. No part of the funds contained in this Act may be used to
force any school or school district which is desegregated as that term
is defined in title IV of the Civil Rights Act of 1964, //42 USC
2000c.// Public Law 88 - 352, to take any action to force the busing of
students; to force on account of race, creed, or color the abolishment
of any school so desegregated; or to force the transfer or assignment
of any student attending any elementary or secondary school so
desegregated to or from a particular school over the protest of his or
her parents or parent.
Sec. 315. (a) No part of the funds contained in this Act shall be
used to force any school or school district which is desegregated as
that term is defined in title IV of the Civil Rights Act of 1964, Public
Law 88 - 352, to take any action to force the busing of students; to
require the abolishment of any school so desegregated; or to force on
account of race, creed, or color the transfer of students to or from a
particular school so desegregated as a condition precedent to obtaining
Federal funds otherwise available to any State, school district, or
school.
(b) No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students or
teachers (or for the purchase of equipment for such transportation) in
order to carry out a plan of racial desegregation of any school or
school system.
This Act may be cited as the " Education Division and Related
Agencies Appropriation Act, 1976".
Carl Albert,
Speaker of the House of
Representatives.
Richard (Dick) Stone,
Acting President of the Senate
pro tempore.
September 9, 1975,
The House of Representatives having proceeded to reconsider the bill
(H.R. 5901) entitled " An Act making appropriations for the Education
Division and related agencies, for the fiscal year ending June 30, 1976,
and the period ending September 30, 1976, and for other purposes",
returned by the President of the United States with his objections, to
the House of Representatives, in which it originated, it was
Resolved, That the said bill pass, two-thirds of the House of
Representatives agreeing to pass the same.
Attest:
W. Pat Jennings,
Clerk.
By Benjamin J. Guthrie,
Assistant to the Clerk.
I certify that this Act originated in the House of Representatives
W. Pat Jennings,
Clerk.
September 10, 1975,
The Senate having proceeded to reconsider the bill (H.R. 5901)
entitled " An Act making appropriations for the Education Division and
related agencies, for the fiscal year ending June 30, 1976, and the
period ending September 30, 1976, and for other purposes", returned by
the President of the United States with his objections to the House of
Representatives, in which it originated, it was
Resolved, That the said bill pass, two-thirds of the Senators present
having voted in the affirmative.
Attest:
Francis R. Valeo,
Secretary.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94 - 142 (Comm. on Appropriations) and No. 94 -
347 (Comm. of Conference).
SENATE Report No. 94 - 198 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 121 (1975):
Apr. 16, July 16, 18, considered and passed House.
June 27, July 17, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 30:
July 25, Presidential veto message.
CONGRESSIONAL RECORD, Vol. 121 (1975):
Sept. 9, House overrode veto.
Sept. 10, Senate overrode veto.
Public Law 94-93, 89 Stat. 466.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That appropriations
provided for advances to the unemployment trust fund and other funds in
the Second Supplemental Appropriations Act, 1975, //26 USC 3304 note.//
shall also be available for repayable loans to the Virgin Islands, as
authorized by title III of the Emergency Compensation and Special
Unemployment Assistance Extension Act of 1975: Provided, That no loan
may be made for any month beginning after June 30, 1976, and that the
aggregate of such loans will not exceed $5,000,000.
Sec. 201. Section 3201 of the Railroad Retirement Tax Act //26 USC
3201.// is amended by striking out "compensation paid to such employee"
and inserting in lieu thereof "compensation paid in any calendar month
to such employee".
Sec. 202. Section 3211(a) of the Railroad Retirement Tax Act //26 USC
3211.// is amended by striking out "compensation paid to such employee
representative" and inserting in lieu thereof "compensation paid in any
calendar month to such employee representative".
Sec. 203. Section 3221(a) of the Railroad Retirement Tax Act //26 USC
3221.// is amended by striking out "compensation paid by such employer"
and inserting in lieu thereof "compensation paid in any calendar month
by such employer".
Sec. 204. Section 3231(a)(1) of the Railroad Retirement Tax //26 USC
3231.// Act is amended by striking out the first sentence and inserting
in lieu thereof:
" The term 'compensation' means any form of money remuneration paid
to an individual for services rendered as an employee to one or more
employers."
Sec. 205. Section 3231(e)(2) of the Railroad Retirement Tax Act is
amended by striking out the first sentence thereof.
Sec. 206. Section 3231(e)(2) of the Railroad Retirement Tax Act is
amended by adding as the first sentence thereof:
" An employee shall be deemed to be paid compensation in the period
during which such compensation is earned only upon a written request by
such employee, made within six months following the payment, and a
showing that such compensation was earned during a period other than the
period in which it was paid.".
Sec. 207. The amendments made by sections 201 through 205 of this
title //26 USC 3201// shall apply for taxable years ending on or after
the date of the enactment of this Act and for taxable years ending
before the date of the enactment of this Act as to which the period for
assessment and collection of tax or the filing of a claim for credit or
refund has not expired on the date of enactment of this Act. The
amendment made by section 206 of this title shall apply for taxable
years beginning on or after the date of enactment of this Act:
Provided, however, That with respect to payment made prior to the date
of enactment of this Act, the employee may file a written request under
section 206 within six months after the enactment of this Act.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 121 (1975):
Aug. 1, considered and passed House; considered and passed
Senate, amended; House concurred in Senate amendment.
Public Law 94-92, 89 Stat. 461.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. (a) Section 1(h) of the Railroad Unemployment Insurance
Act //45 USC 351.// is amended--,
(1) by inserting "for a 'period of continuing sickness' (as
defined in section 2(a) of this Act)" immediately after the words
"a statement of sickness" each time those words appear in the
second paragraph thereof; and
(2) by striking out from the second paragraph "and ends with
the thirteenth day thereafter" and inserting in lieu thereof "and
ends with whichever is the earlier of (i) the thirteenth day
thereafter, or (ii) the day immediately preceding the day with
respect to which a statement of sickness for a new 'period of
continuing sickness' (as defined in section 2(a) of this Act) is
filed in his behalf".
(b) Section 1(k) of such Act is amended by striking out "$3" from the
second sentence and inserting in lieu thereof "$10".
(c) Section 2(a) of such Act //45 USC 352.// is amended--,
(1) by striking out the first paragraph and inserting in lieu
thereof the following:
"(a) Benefits shall be payable to any qualified employee for each day
of unemployment in excess of four during any registration period:
Provided, however, That notwithstanding the provisions of section 1(h)
of this Act, in any case in which the Board finds that his unemployment
was due to a stoppage of work because of a strike in the establishment,
premises, or enterprise at which he was last employed, other than a
strike subject to the disqualification in section 4(a-2) (iii), //45 USC
354.// none of the first seven days of unemployment due to such stoppage
of work shall be included in any registration period; and subject to
the registration provisions of section 1(h), so many of the ensuing
seven consecutive calendar days during which his unemployment continues
to be caused by such stoppage of work shall constitute a registration
period, during which benefits shall be payable for each day of
unemployment. Benefits shall be payable to any qualified employee for
each day of sickness after the fourth consecutive day of sickness in a
period of continuing sickness, but excluding four days of sickness in
any registration period. A period of continuing sickness means (i) a
period of consecutive days of sickness, whether from one or more causes,
or (ii) a period of successive days of sickness due to a single cause
without interruption of more than ninety consecutive days which are not
days of sickness."; and
(2) by striking out the second paragraph and inserting in lieu
thereof the following:
" The daily benefit rate with respect to any such employee for such
day of unemployment or sickness shall be in an amount equal to 60 per
centum of the daily rate of compensation for the employee's last
employment in which he engaged for an employer in the base year, but not
less than $12.70: Provided, however, That for registration periods
beginning after June 30, 1975, but before July 1, 1976, such amount
shall not exceed $24 per day of such unemployment or sickness and that
for registration periods beginning after June 30, 1976, such amount
shall not exceed $25 per day of such unemployment or sickness. The
daily rate of compensation referred to in this paragraph shall be
determined by the Board on the basis of information furnished to the
Board by the employee, his employer, or both.".
(d) Section 2(c) of such Act //45 USC 352.// is amended--,
(1) by inserting "except that notwithstanding the provisions of
section 1(i) of this Act, in determining the employee's
compensation in the base year for purposes of this proviso and the
second proviso of this subsection, any money remuneration paid to
the employee for services rendered as an employee not in excess of
$775 in any month shall be taken into account" immediately before
the colon at the end of the first proviso; and
(2) by inserting immediately after the colon at the end of the
first proviso the following: " Provided further, That, with
respect to an employee who has less than ten years of service as
defined in section 1(f) of the Railroad Retirement Act of 1974,
//45 USC 231.// who did not voluntarily retire and did not
voluntarily leave work without good cause, and who had current
rights to normal benefits for days of unemployment in a benefit
year but has exhausted such rights, the maximum number of days of,
and amount of payment for, unemployment within such benefit year
(as extended by the provisions of subsection (h) of this section)
for which benefits may be paid shall be enlarged, but not by more
than sixty-five days, to include all compensable days of
unemployment within an extended benefit period determined pursuant
to the provisions of subsection (h) of this section, but the total
amount of benefits which may be paid to an employee for days of
unemployment within such extended benefit period shall in no case
exceed 50 per centum of the employee's compensation in the base
year:".
(e) Section 2 of such Act //45 USC 352.// is further amended by
adding at the end thereof the following new subsection:
"(h) (1) For purposes of the second proviso of subsection (c) of this
section, an extended benefit period, with respect to an employee, shall
begin on the first day of unemployment within a period of high
unemployment following the day on which the employee exhausted his then
current rights to normal benefits for unemployment and shall continue
for seven successive fourteen-day periods (each of which periods shall
constitute a registration period). If the general benefit year in which
an employee's extended benefit period began ends within such extended
benefit period, such benefit year shall, in the case of such employee,
be deemed not to be ended until the last day of the extended benefit
period. If an employee unemployed within a period of high unemployment
is not a 'qualified employee' for the general benefit year then current
but was a 'qualified employee' for the preceding general benefit year,
such preceding general benefit year shall, for purposes of the second
proviso of subsection (c) of this section, in the case of such employee,
be deemed not to be ended until the last day of such employee's extended
benefit period determined pursuant to the provisions of this subsection.
"(2) For purposes of subdivision (1) of this subsection, a 'period of
high unemployment' shall begin with the twentieth day after whichever of
the following first occurs: (A) there is a national 'on' indicator as
defined in section 203(d) of Public Law 91 - 373, as amended, //26 USC
3304 note.// or (B) a period of three consecutive calendar months in
which, for each month included in such period, the rate of railroad
unemployment (seasonally adjusted) equalled or exceeded the lowest
applicable unemployment rate specified for the national 'on' indicator
in section 203(d) of Public Law 91 - 373, as amended, and shall end with
the twentieth day after both of the following occur: (A) there is a
national 'off' indicator as defined in section 203(d) of Public Law 91 -
373, as amended, and (B) a period of three consecutive calendar months,
in which, fo