PUBLIC LAW 93-379, 88 STAT 480, THE DISTRICT OF COLUMBIA LAW REVISION
COMMISSION ACT
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS "THE DISTRICT OF COLUMBIA LAW REVISION COMMISSION ACT". //D.C.
CODE 49 - 401 NOTE.//
SEC. 2. (A) THERE IS ESTABLISHED IN THE DISTRICT OF COLUMBIA A
DISTRICT OF COLUMBIA LAW REVISION COMMISSION (HEREAFTER IN THIS ACT
REFERRED TO AS THE "COMMISSION") //D.C. CODE 49 - 401.// WHICH SHALL
CONSIST OF FIFTEEN MEMBERS APPOINTED AS FOLLOWS:
(1) TWO MEMBERS SHALL BE APPOINTED BY THE PRESIDENT OF THE
UNITED STATES.
(2) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES.
(3) ONE MEMBER SHALL BE APPOINTED BY THE PRESIDENT PRO TEMPORE
OF THE SENATE.
(4) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
HOUSE OF REPRESENTATIVES.
(5) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE.
(6) THREE MEMBERS SHALL BE APPOINTED BY THE COMMISSIONER OF THE
DISTRICT OF COLUMBIA, ONE OF WHOM SHALL BE A NONLAWYER. AND ONE
OF WHOM SHALL BE A MEMBER OF THE LAW FACULTY OF A LAW SCHOOL IN
THE DISTRICT OF COLUMBIA.
(7) ONE MEMBER SHALL BE APPOINTED BY THE CHAIRMAN OF THE
DISTRICT OF COLUMBIA COUNCIL.
(8) TWO MEMBERS SHALL BE APPOINTED BY THE JOINT COMMITTEE ON
JUDICIAL ADMINISTRATION IN THE DISTRICT OF COLUMBIA.
(9) ONE MEMBER SHALL BE APPOINTED BY THE DISTRICT OF COLUMBIA
CORPORATION COUNSEL.
(10) TWO MEMBERS SHALL BE APPOINTED BY THE BOARD OF GOVERNORS
OF THE DISTRICT OF COLUMBIA UNIFIED BAR.
(B) NO PERSON MAY BE APPOINTED AS A MEMBER OF THE COMMISSION UNLESS
HE IS A CITIZEN OF THE UNITED STATES. AT LEAST EIGHT PERSONS APPOINTED
TO THE COMMISSION SHALL BE BONA FIDE RESIDENTS OF THE DISTRICT OF
COLUMBIA WHO HAVE MAINTAINED AN ACTUAL PLACE OF ABODE IN THE DISTRICT OF
COLUMBIA FOR AT LEAST THE NINETY DAYS IMMEDIATELY PRIOR TO THEIR
APPOINTMENTS AS SUCH MEMBERS. THE REMAINING PERSONS APPOINTED AS
MEMBERS OF THE COMMISSION SHALL BE RESIDENTS OF THE NATIONAL CAPITAL
REGION, AS DEFINED IN THE ACT OF JUNE 6, 1924 (D.C. CODE. SEC. 1 - 1001
ET SEQ.) //43 STAT. 463; 66 STAT. 781, 40 USC 71.// (ESTABLISHING THE
NATIONAL CAPITAL PLANNING COMMISSION), WHO HAVE MAINTAINED AN ACTUAL
PLACE OF ABODE IN THE NATIONAL CAPITAL REGION FOR AT LEAST NINETY DAYS
IMMEDIATELY PRIOR TO THEIR APPOINTMENTS AS SUCH MEMBERS.
(C) MEMBERS OF THE COMMISSION SHALL SERVE FOR FOUR-YEAR TERMS AND MAY
BE REAPPOINTED.
(D) THE CHAIRMAN OF THE COMMISSION SHALL BE SELECTED BY THE MEMBERS
OF THE COMMISSION FROM AMONG THEIR NUMBER.
(E) EACH APPOINTMENT OF MEMBERS OF THE COMMISSION SHALL BE MADE.
WITHOUT REGARD TO POLITICAL PARTY AFFILIATION, ON THE BASIS OF THE
ABILITY OF THAT PERSON TO PERFORM HIS DUTIES WITH THE COMMISSION.
(F) APPOINTMENTS MADE TO FILL VACANCIES ON THE COMMISSION SHALL BE
MADE IN THE SAME MANNER, AND ON THE SAME BASIS, AS ORIGINAL APPOINTMENTS
TO THE COMMISSION ARE MADE. A MEMBER APPOINTED TO FILL A VACANCY SHALL
SERVE UNTIL THE EXPIRATION OF THE TERM OF MEMBER WHOSE VACANCY HE WAS
APPOINTED TO FILL.
(G) MEMBERS AND THE CHAIRMAN OF THE COMMISSION SHALL BE ENTITLED TO
RECEIVE $100 FOR EACH DAY (INCLUDING TRAVELTIME) DURING WHICH THEY ARE
ENGAGED IN THE ACTUAL PERFORMANCE OF DUTIES VESTED IN THE COMMISSION,
EXCEPT NO MEMBER OR CHAIRMAN SHALL RECEIVE MORE THAN $5,000 FOR THE
PERFORMANCE OF SUCH DUTIES DURING ANY TWELVE-MONTH PERIOD.
(H) WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS IN THE
PERFORMANCE OF THE DUTIES OF THE COMMISSION, MEMBERS, INCLUDING THE
CHAIRMAN, OF THE COMMISSION SHALL BE ALLOWED TRAVEL EXPENSES, INCLUDING
PER DIEM IN LIEU OF SUBSISTENCE, IN THE SAME MANNER AS PERSONS EMPLOYED
INTERMITTENTLY IN THE GOVERNMENT SERVICE ARE ALLOWED EXPENSES UNDER
SECTION 5703 (B) OF TITLE 5 OF THE UNITED STATES CODE. //80 STAT. 499;
83 STAT. 190.//
(I) THE COMMISSION MAY APPOINT AND FIX THE COMPENSATION OF SUCH
PERSONNEL AS IT DEEMS ADVISABLE. SUCH PERSONNEL SHALL BE APPOINTED
SUBJECT TO THE PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE,
GOVERNING APPOINTMENTS IN THE COMPETITIVE SERVICE, AND SHALL BE PAID IN
ACCORDANCE WITH THE PROVISIONS OF CHAPTER 51 AND SUBCHAPTER II OF
CHAPTER 53 OF SUCH TITLE //80 STAT. 443; 458, 5 USC 5101, 5311.//
RELATING TO CLASSIFICATION AND GENERAL SCHEDULE PAY RATES. PERSONS
APPOINTED TO THE STAFF OF THE COMMISSION SHALL BE SO APPOINTED SOLELY ON
THE BASIS OF THEIR ABILITY TO PERFORM THE DUTIES OF THE COMMISSION
WITHOUT REGARD TO POLITICAL PARTY AFFILIATION. EMPLOYEES OF THE
COMMISSION SHALL BE REGARDED AS EMPLOYEES OF THE DISTRICT OF COLUMBIA
GOVERNMENT.
(J) THE COMMISSION, ACTING THROUGH ITS CHAIRMAN, MAY REQUEST FROM ANY
DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF THE EXECUTIVE BRANCH OF THE
FEDERAL AND DISTRICT GOVERNEMENTS, INCLUDING INDEPENDENT AGENCIES, ANY
INFORMATION FOR CARRYING OUT THE PURPOSES OF THIS ACT; AND EACH
DEPARTMENT, AGENCY, INSTRUMENTALITY, AND INDEPENDENT AGENCY IS
AUTHORIZED AND DIRECTED, TO THE EXTENT PERMITTED BY LAW, TO FURNISH TO
THE COMMISSION THE REQUESTED INFORMATION.
(K) THE COMMISSION MAY ENTER INTO CONTRACTS WITH FEDERAL OR STATE
AGENCIES, PRIVATE FIRMS, INSTITUTIONS, AND INDIVIDUALS FOR THE CONDUCT
OF RESEARCH OR SURVEYS, THE PREPARATION OF REPORTS, AND OTHER ACTIVITIES
NECESSARY TO THE DISCHARGE OF ITS DUTIES.
(L) THE COMMISSION MAY ESTABLISH SUCH ADVISORY GROUPS, COMMITTEES,
AND SUBCOMMITTEES, CONSISTING OF MEMBERS OF NONMEMBERS, AS IT DEEMS
NECESSARY AND APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS ACT.
SEC. 3. (A) IT SHALL BE THE DUTY OF THE COMMISSION TO---//D.C. CODE
49 - 402.//
(1) EXAMINE THE COMMON LAW AND STATUTES RELATING TO THE
DISTRICT OF COLUMBIA, THE ORDINANCES, REGULATIONS, RESOLUTIONS,
AND ACTS OF THE DISTRICT OF COLUMBIA COUNCIL, AND ALL RELEVANT
JUDICIAL DECISIONS FOR THE PURPOSE OF DISCOVERING DEFECTS AND
ANACHRONISMS IN THE LAW RELATING TO THE DISTRICT OF COLUMBIA AND
RECOMMENDING NEEDED REFORMS;
(2) RECEIVE AND CONSIDER PROPOSED CHANGES IN THE LAW
RECOMMENDED BY THE AMERICAN LAW INSTITUTE, THE CONFERENCE OF
COMMISSIONERS ON UNIFORM STATE LAW, ANY BAR ASSOCIATION OR OTHER
LEARNED BODIES;
(3) RECEIVE AND CONSIDER SUGGESTIONS FROM JUDGES, JUSTICES,
PUBLIC OFFICIALS, LAWYERS, AND THE PUBLIC GENERALLY AS TO DEFECTS
AND ANACHRONISMS IN THE LAW RELATING TO THE DISTRICT OF COLUMBIA;
AND
(4) RECOMMEND, FROM TIME TO TIME, TO THE CONGRESS, AND WHERE
APPROPRIATE TO THE COMMISSIONER OF THE DISTRICT OF COLUMBIA AND TO
THE DISTRICT OF COLUMBIA COUNCIL, SUCH CHANGES IN THE LAW RELATING
TO THE DISTRICT OF COLUMBIA AS IT DEEMS NECESSARY TO MODIFY OR
ELIMINATE ANTIQUATED AND INEQUITABLE RULES OF LAW, AND TO BRING
THE LAW RELATING TO THE DISTRICT OF COLUMBIA, BOTH CIVIL AND
CRIMINAL, INTO HARMONY WITH MODERN CONDITIONS.
IN CARRYING OUT ITS DUTIES UNDER THIS ACT, THE COMMISSION SHALL GIVE
SPECIAL CONSIDERATION TO THE EXAMINATION OF THE COMMON LAW AND STATUTES
RELATING TO THE CRIMINAL LAW IN THE DISTRICT OF COLUMBIA, AND ALL
RELEVANT JUDICIAL DECISIONS, FOR THE PURPOSE OF DISCOVERING DEFECTS AND
ANACHRONISMS IN THE LAW RELATING TO THE CRIMINAL LAW IN THE DISTRICT OF
COLUMBIA AND RECOMMENDING NEEDED REFORMS.
(B) IN ADDITION TO THOSE DUTIES OF THE COMMISSION SPECIFIED IN
SUBSECTION (A), THE COMMISSION SHALL PREPARE AND RECOMMEND PROPOSED
UNIFORM RULES OF PRACTICES, INCLUDING RULES RELATING TO THE CONDUCT OF
HEARINGS, FOR ADMINISTRATIVE AGENCIES OF THE DISTRICT OF COLUMBIA,
INCLUDING BOTH INDEPENDENT AND SUBORDINATE AGENCIES, WHICH CONDUCT
ON-THE-RECORD HEARING. THE COMMISSION SHALL ALSO MAKE A STUDY OF THE
DISTRICT OF COLUMBIA ADMINISTRATIVE PROCEDURE ACT //82 STAT. 1203, D.C.
CODE 1 - 1501 NOTE.// FOR THE PURPOSE OF PREPARING A MANUAL, INCLUDING
RELEVANT LEGISLATIVE HISTORY AND LEGAL PRECEDENTS, FOR THE GUIDANCE OF
THE RESPECTIVE ADMINISTRATIVE AGENCIES.
SEC. 4. (A) THE COMMISSION SHALL MAKE AN ANNUAL REPORT OF ITS
PROCEEDINGS TO THE PRESIDENT, TO THE CONGRESS, TO THE COMMISSIONER OF
THE DISTRICT OF COLUMBIA, AND TO THE DISTRICT OF COLUMBIA COUNCIL BY
MARCH 31 OF EACH YEAR. ALL REPORTS OF THE COMMISSION TO THE CONGRESS,
INCLUDING REPORTS MADE UNDER SECTION 3(A) (4), SHALL BE FILED WITH THE
CLERK OF THE HOUSE OF REPRESENTATIVES AND THE SECRETARY OF THE SENATE,
AND WHERE APPROPRIATE, INCLUDE DRAFTS OF PROPOSED BILLS TO CARRY OUT ANY
OF ITS RECOMMENDATIONS. //D.C. CODE 49 - 403.//
(B) UPON THE FILING OF THE COMMISSION'S ANNUAL REPORT AT THE END OF
THE FOURTH FULL CALENDAR YEAR AFTER THE DATE THAT FUNDS ARE FIRST
APPROPRIATED TO THE COMMISSION, THE COMMISSION SHALL CEASE TO EXIST,
UNLESS EXTENDED BY CONGRESS.
SEC. 5. (A) SECTION 7 OF THE DISTRICT OF COLUMBIA ADMINISTRATIVE
PROCEDURE ACT (D.C. CODE, SEC. 1 - 1507) //82 STAT. 1207.// IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING:
"(D) EVERY REGULATION IN THE NATURE OF A LAW OR MUNICIPAL ORDINANCE
ADOPTED BY THE COUNCIL UNDER AUTHORITY SPECIFIED IN REORGANIZATION PLAN
NUMBERED 3 OF 1967, //81 STAT. 948, 5 USC APP.// OR UNDER AUTHORITY OF
ANY ACT OF CONGRESS, UPON ENACTMENT, SHALL BE CODIFIED AND PUBLISHED IN
A MUNICIPAL CODE OF THE DISTRICT OF COLUMBIA WHICH SHALL CONFORM AS
CLOSELY AS POSSIBLE AND SHALL BE CROSS-INDEXED WITH THE DISTRICT OF
COLUMBIA CODE COMPILED BY THE COMMITTEE ON THE JUDICIARY OF THE HOUSE OF
REPRESENTATIVES. THE COUNCIL SHALL FROM TIME TO TIME ISSUE SUCH
SUPPLEMENTS OR OTHERWISE UPDATE AND KEEP CURRENT THE MUNICIPAL CODE OF
THE DISTRICT OF COLUMBIA ESTABLISHED UNDER THIS SUBSECTION. THE FIRST
SUCH CODIFICATION AND PUBLICATION OF THE MUNICIPAL CODE OF THE DISTRICT
OF COLUMBIA SHALL BE COMPLETED WITHIN ONE YEAR AFTER THE DATE OF
ENACTMENT OF THIS SUBSECTION.".
(B) THE DISTRICT OF COLUMBIA COUNCIL SHALL PROVIDE FOR PUBLIC
DISTRIBUTION (AT COST) OF THE MUNICIPAL CODE OF THE DISTRICT OF COLUMBIA
ESTABLISHED BY THE AMENDMENT MADE BY SUBSECTION (A). //D.C. CODE 49 -
404.//
SEC. 6. FOR THE PURPOSE OF CARRYING OUT THIS ACT, INCLUDING THE
AMENDMENT MADE BY THIS ACT, THERE ARE AUTHORIZED TO BE APPROPRIATED, OUT
OF MONEYS IN THE TREASURY CREDITED TO THE DISTRICT OF COLUMBIA AND NOT
OTHERWISE APPROPRIATED, SUCH AMOUNTS AS MAY BE NECESSARY TO CARRY OUT
THE PURPOSE OF THIS ACT. //D.C. CODE 49 - 405.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 924 (COMM. ON THE DISTRICT OF COLUMBIA).
SENATE REPORT NO. 93 - 1076 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 25, CONSIDERED AND PASSED HOUSE.
AUG. 8, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-378, 88 STAT 476, FOREST AND RANGELAND RENEWABLE
RESOURCES PLANNING ACT OF 1974
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 "FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF
1974". //16 USC 1601 NOTE.//
SEC. 2. //16 USC 1601.// RENEWABLE RESOURCE ASSESSEMNT.---(A) IN
RECOGNITION OF THE VITAL IMPORTANCE OF AMERICA'S RENEWABLE RESOURCES OF
THE FOREST, RANGE, AND OTHER ASSOCIATED LANDS TO THE NATION'S SOCIAL AND
ECONOMIC WELL-BEING, AND OF THE NECESSITY FOR A LONG TERM PERSPECTIVE IN
PLANNING AND UNDERTAKING RELATED NATIONAL RENEWABLE RESOURCE PROGRAMS
ADMINISTERED BY THE FOREST SERVICE, THE SECRETARY OF AGRICULTURE SHALL
PREPARE A RENEWABLE RESOURCE ASSESSMENT (HEREINAFTER CALLED THE
"ASSESSMENT"). THE ASSESSMENT SHALL BE PREPARED NOT LATER THAN DECEMBER
31, 1975, AND SHALL BE UPDATED DURING 1979 AND EACH TENTH YEAR
THEREAFTER, AND SHALL INCLUDE BUT NOT BE LIMITED TO---
(1) AND ANALYSIS OF PRESENT AND ANTICIPATED USES, DEMAND FOR,
AND SUPPLY OF THE RENEWABLE RESOURCES, WITH CONSIDERATION OF THE
INTERNATIONAL RESOURCE SITUATION, AND AN EMPHASIS OF PERTINENT
SUPPLY AND DEMAND AND PRICE RELATIONSHIP TRENDS;
(2) AN INVENTORY, BASED ON INFORMATION DEVELOPED BY THE FOREST
SERVICE AND OTHER FEDERAL AGENCIES, OF PRESENT AND POTENTIAL
RENEWABLE RESOURCES, AND AN EVALUATION OF OPPORTUNITIES FOR
IMPROVING THEIR YIELD OF TANGIBLE AND INTANGIBLE GOODS AND
SERVICES, TOGETHER WITH ESTIMATES OF INVESTMENT COSTS AND DIRECT
AND INDIRECT RETURNS TO THE FEDERAL GOVERNMENT;
(3) A DESCRIPTION OF FOREST SERVICE PROGRAMS AND
RESPONSIBILITIES IN RESEARCH, COOPERATIVE PROGRAMS AND MANAGEMENT
OF THE NATIONAL FOREST SYSTEM, THEIR INTERRELATIONSHIPS, AND THE
RELATIONSHIP OF THESE PROGRAMS AND RESPONSIBILITIES TO PUBLIC AND
PRIVATE ACTIVITIES; AND
(4) A DISCUSSION OF IMPORTANT POLICY CONSIDERATIONS, LAW,
REGULATIONS, AND OTHER FACTORS EXPECTED TO INFLUENCE AND AFFECT
SIGNIFICANTLY THE USE, OWNERSHIP, AND MANAGEMENT OF FOREST, RANGE,
AND OTHER ASSOCIATED LANDS.
(B) TO ASSURE THE AVAILABILITY OF ADEQUATE DATA AND SCIENTIFIC
INFORMATION NEEDED FOR DEVELOPMENT OF THE ASSESSMENT, SECTION 9 OF THE
MCSWEENEY-MCNARY ACT OF MAY 22, 1928 (45 STAT. 702, AS AMENDED, 16 U.S.
C. 151H), //58 STAT. 265; 81 STAT. 579.// IS HEREBY AMENDED TO READ AS
FOLLOWS:
"THE SECRETARY OF AGRICULTURE IS HEREBY AUTHORIZED AND DIRECTED TO
MAKE AND KEEP CURRENT A COMPREHENSIVE SURVEY AND ANALYSIS OF THE PRESENT
AND KEEP CURRENT A COMPREHENSIVE SURVEY AND ANALYSIS OF THE PRESENT AND
PROSPECTIVE CONDITIONS OF AND REQUIREMENTS FOR THE RENEWABLE RESOURCES
OF THE FOREST AND RANGE LANDS OF THE UNITED STATES, ITS TERRITORIES AND
POSSESSIONS, AND OF THE SUPPLIES OF SUCH RENEWABLE RESOURCES, INCLUDING
A DETERMINATION OF THE PRESENT AND POTENTIAL PRODUCTIVITY OF THE LAND,
AND OF SUCH OTHER FACTS AS MAY BE NECESSARY AND USEFUL IN THE
DETERMINATION OF WAYS AND MEANS NEEDED TO BALANCE THE DEMAND FOR AND
SUPPLY OF THESE RENEWABLE RESOURCES, BENEFITS AND USES IN MEETING THE
NEEDS OF THE PEOPLE OF THE UNITED STATES. THE SECRETARY SHALL CARRY OUT
THE SURVEY AND ANALYSIS UNDER SUCH PLANS AS HE MAY DETERMINE TO BE FAIR
AND EQUITABLE, AND COOPERATE WITH APPROPRIATE OFFICIALS OF EACH STATE,
TERRITORY, OR POSSESSION OF THE UNITED STATES, AND EITHER THROUGH THEM
OR DIRECTLY WITH PRIVATE OR OTHER AGENCIES. THERE IS AUTHORIZED TO BE
APPROPRIATED NOT TO EXCEED $20,000,000 IN ANY FISCAL YEAR TO CARRY OUT
THE PURPOSES OF THIS SECTION."
SEC. 3. //16 USC 1602.// RENEWABLE RESOURCE PROGRAM.---IN ORDER TO
PROVIDE FOR PERIODIC REVIEW OF PROGRAMS FOR MANAGEMENT AND
ADMINISTRATION OF THE NATIONAL FOREST SYSTEM, FOR RESEARCH, FOR
COOPERATIVE STATE AND PRIVATE FOREST SERVICE PROGRAMS, AND FOR CONDUCT
OF OTHER FOREST SERVICE ACTIVITIES IN RELATION TO THE FINDINGS OF THE
ASSESSMENT, THE SECRETARY OF AGRICULTURE, UTILIZING INFORMATION
AVAILABLE TO THE FOREST SERVICE AND OTHER AGENCIES WITHIN THE DEPARTMENT
OF AGRICULTURE, INCLUDING DATA PREPARED PURSUANT TO SECTION 302 OF THE
RURAL DEVELOPMENT ACT OF 1972, //86 STAT. 670, 7 USC 1010A.// SHALL
PREPARE AND TRANSMIT TO THE PRESIDENT A RECOMMENDED RENEWABLE RESOURCE
PROGRAM (HEREINAFTER CALLED THE "PROGRAM"). THE PROGRAM TRANSMITTED TO
THE PRESIDENT MAY INCLUDE ALTERNATIVES, AND SHALL PROVIDE IN APPROPRIATE
DETAIL FOR PROTECTION, MANAGEMENT, AND DEVELOPMENT OF THE NATIONAL
FOREST SYSTEM, INCLUDING FOREST DEVELOPMENT ROADS AND TRAILS; FOR
COOPERATIVE FOREST SERVICE PROGRAMS; AND FOR RESEARCH. THE PROGRAM
SHALL BE DEVELOPED IN ACCORDANCE WITH PRINCIPLES SET FORTH IN THE
MULTIPLE-USE SUSTAINED-YIELD ACT OF JUNE 12, 1960 (74 STAT. 215; 16
U.S.C. 528-531), AND THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (83
STAT. 852; 42 U.S.C. 4321 - 4347). THE PROGRAM SHALL BE PREPARED NOT
LATER THAN DECEMBER 31, 1975, TO COVER THE FOUR-YEAR PERIOD BEGINNING
OCTOBER 1, 1976, AND AT LEAST EACH OF THE FOUR FISCAL DECADES NEXT
FOLLOWING SUCH PERIOD, AND SHALL BE UPDATED NO LATER THAN DURING THE
FIRST HALF OF THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, AND THE FIRST
HALF OF EACH FIFTH FISCAL YEAR THEREAFTER TO COVER AT LEAST EACH OF THE
FOUR FISCAL DECADES BEGINNING NEXT AFTER SUCH UPDATING. THE PROGRAM
SHALL INCLUDE, BUT NOT BE LIMITED TO---,
(1) AN INVENTORY OF SPECIFIC NEEDS AND OPPORTUNITIES FOR BOTH
PUBLIC AND PRIVATE PROGRAM INVESTMENTS. THE INVENTORY SHALL
DIFFERENTIATE BETWEEN ACTIVITIES WHICH ARE OF A CAPITAL NATURE AND
THOSE WHICH ARE OF AN OPERATIONAL NATURE;
(2) SPECIFIC IDENTIFICATION OF PROGRAM OUTPUTS, RESULTS
ANTICIPATED, AND BENEFITS ASSOCIATED WITH INVESTMENTS IN SUCH A
MANNER THAT THE ANTICIPATED COSTS CAN BE DIRECTLY COMPARED WITH
THE TOTAL RELATED BENEFITS AND DIRECT AND INDIRECT RETURNS TO THE
FEDERAL GOVERNMENT;
(3) A DISCUSSION OF PRIORITIES FOR ACCOMPLISHMENT OF
INVENTORIED PROGRAM OPPORTUNITIES, WITH SPECIFIED COSTS, OUTPUTS,
RESULTS, AND BENEFITS; AND
(4) A DETAILED STUDY OF PERSONNEL REQUIREMENTS AS NEEDED TO
SATISFY EXISTING AND ONGOING PROGRAMS.
SEC. 4. //16 USC 1603.// NATIONAL FOREST SYSTEM RESOURCE
INVENTORIES.--AS A PART OF THE ASSESSMENT, THE SECRETARY OF AGRICULTURE
SHALL DEVELOP AND MAINTAIN ON A CONTINUING BASIS A COMPREHENSIVE AND
APPROPRIATELY DETAILED INVENTORY OF ALL NATIONAL FOREST SYSTEM LANDS AND
RENEWABLE RESOURCES. THIS INVENTORY SHALL BE KEPT CURRENT SO AS TO
REFLECT CHANGES IN CONDITIONS AND IDENTIFY NEW AND EMERGING RESOURCES
AND VALUES.
SEC. 5. //16 USC 1604.// NATIONAL FOREST SYSTEM RESOURCE
PLANNING--(A) AS A PART OF THE PROGRAM PROVIDED FOR BY SECTION 3 OF THIS
ACT, THE SECRETARY OF AGRICULTURE SHALL DEVELOP, MAINTAIN, AND, AS
APPROPRIATE, REVISE LAND AND RESOURCE MANAGEMENT PLANS FOR UNITS OF THE
NATIONAL FOREST SYSTEM, COORDINATED WITH THE LAND AND RESOURCE
MANAGEMENT PLANNING PROCESSES OF STATE AND LOCAL GOVERNMENTS AND OTHER
FEDERAL AGENCIES.
(B) IN THE DEVELOPMENT AND MAINTENANCE OF LAND MANAGEMENT PLANS FOR
USE ON UNITS OF THE NATIONAL FOREST SYSTEM, THE SECRETARY SHALL USE A
SYSTEMATIC INTERDISCIPLINARY APPROACH TO ACHIEVE INTEGRATED
CONSIDERATION OF PHYSICAL, BIOLOGICAL, ECONOMIC, AND OTHER SCIENCES.
SEC. 6. //16 USC 1605.// COOPERATION IN RESOURCE PLANNING.--THE
SECRETARY OF AGRICULTURE MAY UTILIZE THE ASSESSMENT, RESOURCE SURVEYS,
AND PROGRAM PREPARED PURSUANT TO THIS ACT TO ASSIST STATES AND OTHER
ORGANIZATIONS IN PROPOSING THE PLANNING FOR THE PROTECTION, USE, AND
MANAGEMENT OF RENEWABLE RESOURCES ON NON-FEDERAL LAND.
SEC. 7. //16 USC 1606.// NATIONAL PARTICIPATION.--(A) ON THE DATE
CONGRESS FIRST CONVENES IN 1976 AND THEREAFTER FOLLOWING EACH UPDATING
OF THE ASSESSMENT AND THE PROGRAM, THE PRESIDENT SHALL TRANSMIT TO THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE,
WHEN CONGRESS CONVENES, THE ASSESSEMNT AS SET FORTH IN SECTION 2 OF THIS
ACT AND THE PROGRAM AS SET FORTH IN SECTION 3 OF THIS ACT, TOGETHER WITH
A DETAILED STATEMENT OF POLICY INTENDED TO BE USED IN FRAMING BUDGET
REQUESTS BY THAT ADMINISTRATION FOR FOREST SERVICE ACTIVITIES FOR THE
FIVE- OR TEN-YEAR PROGRAM PERIOD BEGINNING DURING THE TERM OF SUCH
CONGRESS FOR SUCH FURTHER ACTION DEEMED APPROPRIATE BY THE CONGRESS.
FOLLOWING THE TRANSMISSION OF SUCH ASSESSMENT, PROGRAM, AND STATEMENT OF
POLICY, THE PRESIDENT SHALL, SUBJECT TO OTHER ACTIONS OF THE CONGRESS,
CARRY OUT PROGRAMS ALREADY ESTABLISHED BY LAW IN ACCORDANCE WITH SUCH
STATEMENT OF POLICY OR ANY SUBSEQUENT ADMENDMENT OR MODIFICATION THEREOF
APPROVED BY THE CONGRESS, UNLESS, BEFORE THE END OF THE FIRST PERIOD OF
SIXTY CALENDAR DAYS OF CONTINUOUS SESSION OF CONGRESS AFTER THE DATE ON
WHICH THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE
RECIPIENTS OF THE TRANSMISSION OF SUCH ASSESSMENT, PROGRAM, AND
STATEMENT OF POLICY, EITHER HOUSE ADOPTS A RESOLUTION REPORTED BY THE
APPROPRIATE COMMITTEE OF JURISDICTION DISAPPROVING THE STATEMENT OF
POLICY. FOR THE PURPOSE OF THIS SUBSECTION, THE CONTINUITY OF A SESSION
SHALL BE DEEMED TO BE BROKEN ONLY BY AN ADJOURNMENT SINE DIE, AND THE
DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN ADJOURNMENT
OF MORE THAN THREE DYAS TO A DAY CERTAIN SHALL BE EXCLUDED IN THE
COMPUTATION OF THE SIXTY-DAY PERIOD. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ACT, CONGRESS MAY REVISE OR MODIFY THE STATEMENT OF
POLICY TRANSMITTED BY THE PRESIDENT, AND THE REVISED OR MODIFIED
STATEMENT OF POLICY SHALL BE USED IN FRAMING BUDGET REQUESTS.
(B) COMMENCING WITH THE FISCAL BUDGET FOR THE YEAR ENDING SEPTEMBER
30, 1977, REQUESTS PRESENTED BY THE PRESIDENT TO THE CONGRESS GOVERNING
FOREST SERVICE ACTIVITIES SHALL EXPRESS IN QUALITATIVE AND QUANTITATIVE
TERMS THE EXTENT TO WHICH THE PROGRAMS AND POLICIES PROJECTED UNDER THE
BUDGET MEET THE POLICIES APPROVED BY THE CONGRESS IN ACCORDANCE WITH
SUBSECTION (A) OF THIS SECTION. IN ANY CASE IN WHICH SUCH BUDGET SO
PRESENTED RECOMMENDS A COURSE WHICH FAILS TO MEET THE POLICIES SO
ESTABLISHED, THE PRESIDENT SHALL SPECIFICALLY SET FORTH THE REASON OR
REASONS FOR REQUESTING THE CONGRESS TO APPROVE THE LESSER PROGRAMS OR
POLICIES PRESENTED. AMOUNTS APPROPRIATED TO CARRY OUT THE POLICIES
APPROVED IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION SHALL BE
EXPENDED IN ACCORDANCE WITH THE CONGRESSIONAL BUDGET AND IMPOUNDMENT
CONTROL ACT OF 1974, PUBLIC LAW 93 - 344. //ANTE, P. 297.//
(C) FOR THE PURPOSE OF PROVIDING INFORMATION THAT WILL AID CONGRESS
IN ITS OVERSIGHT RESPONSIBILITIES AND IMPROVE THE ACCOUNTABILITY OF
AGENCY EXPENDITURES AND ACTIVITIES, THE SECRETARY OF AGRICULTURE SHALL
PREPARE AN ANNUAL REPORT WHICH EVALUATES THE COMPONENT ELEMENTS OF THE
PROGRAM REQUIRED TO BE PREPARED BY SECTION 3 OF THIS ACT WHICH SHALL BE
FURNISHED TO THE CONGRESS AT THE TIME OF SUBMISSION OF THE ANNUAL FISCAL
BUDGET COMMENCING WITH THE THIRD FISCAL YEAR AFTER THE ENACTMENT OF THIS
ACT.
(D) THESE ANNUAL EVALUATION REPORTS SHALL SET FORTH PROGRESS IN
IMPLEMENTING THE PROGRAM REQUIRED TO BE PREPARED BY SECTION 3 OF THIS
ACT, TOGETHER WITH ACCOMPLISHMENTS OF THE PROGRAM AS THEY RELATE TO THE
OBJECTIVES OF THE ASSESSMENT. OBJECTIVES SHOULD BE SET FORTH IN
QUALITATIVE AND QUANTITATIVE TERMS AND ACCOMPLISHMENTS SHOULD BE
REPORTED ACCORDINGLY. THE REPORT SHALL CONTAIN APPROPRIATE MEASUREMENTS
OF PERTINENT COSTS AND BENEFITS. THE EVALUATION SHALL ASSESS THE
BALANCE BETWEEN ECONOMIC FACTORS AND ENVIRONMENTAL QUALITY FACTORS.
PROGRAM BENEFITS SHALL INCLUDE, BUT NOT BE LIMITED TO, ENVIRONMENTAL
QUALITY FACTORS SUCH AS ESTHETICS, PUBLIC ACCESS, WILDLIFE HABITAT,
RECREATIONAL AND WILDERNESS USE, AND ECONOMIC FACTORS SUCH AS THE EXCESS
OF COST SAVINGS OVER THE VALUE OF FOREGONE BENEFITS AND THE RATE OF
RETURN ON RENEWABLE RESOURCES.
(E) THE REPORTS SHALL INDICATE PLANS FOR IMPLEMENTING CORRECTIVE
ACTION AND RECOMMENDATIONS FOR NEW LEGISLATION WHERE WARRANTED.
(F) THE REPORTS SHALL BE STRUCTURED FOR CONGRESS IN CONCISE SUMMARY
FORM WITH NECESSARY DETAILED DATA IN APPENDICES.
SEC. 8. //16 USC 1607.// NATIONAL FOREST SYSTEM PROGRAM
ELEMENTS.---THE SECRETARY OF AGRICULTURE SHALL TAKE SUCH ACTION AS WILL
ASSURE THAT THE DEVELOPMENT AND ADMINISTRATION OF THE RENEWABLE
RESOURCES OF THE NATIONAL FOREST SYSTEM ARE IN FULL ACCORD WITH THE
CONCEPTS FOR MULTIPLE USE AND SUSTAINED YIELD OF PRODUCTS AND SERVICES
AS SET FORTH IN THE MULTIPLE-USE SUSTAINED-YIELD ACT OF 1960. //74
STAT. 215, 16 USC 528 NOTE.// TO FURTHER THESE CONCEPTS, THE CONGRESS
HEREBY SETS THE YEAR 2000 AS THE TARGET YEAR WHEN THE RENEWABLE
RESOURCES OF THE NATIONAL FOREST SYSTEM SHALL BE IN AN OPERATING POSTURE
WHEREBY ALL BACKLOGS OF NEEDED TREATMENT FOR THEIR RESTORATION SHALL BE
REDUCED TO A CURRENT BASIS AND THE MAJOR PORTION OF PLANNED INTENSIVE
MULTIPLE-USE SUSTAINED-YIELD MANAGEMENT PROCEDURES SHALL BE INSTALLED
AND OPERATING ON AN ENVIRONMENTALLY-SOUND BASIS. THE ANNUAL BUDGET
SHALL CONTAIN REQUESTS FOR FUNDS FOR AN ORDERLY PROGRAM TO ELIMINATE
SUCH BACKLOGS: PROVIDED, THAT WHEN THE SECRETARY FINDS THAT (1) THE
BACKLOG OF AREAS THAT WILL BENEFIT BY SUCH TREATMENT HAS BEEN
ELIMINATED, (2) THE COST OF TREATING THE REMAINDER OF SUCH AREA EXCEEDS
THE ECONOMIC AND ENVIRONMENTAL BENEFITS TO BE SECURED FROM THEIR
TREATMENTS, OR (3) THE TOTAL SUPPLIES OF THE RENEWABLE RESOURCES OF THE
UNITED STATES ARE ADEQUATE TO MEET THE FUTURE NEEDS OF THE AMERICAN
PEOPLE, THE BUDGET REQUEST FOR THESE ELEMENTS OF RESTORATION MAY BE
ADJUSTED ACCORDINGLY.
SEC. 9. //16 USC 1608.// TRANSPORTATION SYSTEM.--THE CONGRESS
DECLARES THAT THE INSTALLATION OF A PROPER SYSTEM OF TRANSPORTATION TO
SERVICE THE NATIONAL FOREST SYSTEM, AS IS PROVIDED FOR IN PUBLIC LAW 88
- 657, THE ACT OF OCTOBER 13, 1964 (16 U.S.C. 532 - 538), //78 STAT.
1089.// SHALL BE CARRIED FORWARD IN TIME TO MEET ANTICIPATED NEEDS ON AN
ECONOMICAL AND ENVIRONMENTALLY SOUND BASIS, AND THE METHOD CHOSEN FOR
FINANCING THE CONSTRUCTION AND MAINTENANCE OF THE TRANSPORTATION SYSTEM
SHOULD BE SUCH AS TO ENHANCE LOCAL, REGIONAL, AND NATIONAL BENEFITS,
EXCEPT THAT THE FINANCING OF FOREST DEVELOPMENT ROADS AS AUTHORIZED BY
CLAUSE (2) OF SECTION 4 OF THE ACT OF OCTOBER 13, 1964, SHALL BE DEEMED
"BUDGET AUTHORITY" AND "BUDGET OUTLAYS" AS THOSE TERMS ARE DEFINED IN
SECTION 3(A) OF THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF
1974 //ANTE, P. 299.// AND SHALL BE EFFECTIVE FOR ANY FISCAL YEAR ONLY
IN THE MANNER REQUIRED FOR NEW SPENDING AUTHORITY AS SPECIFIED BY
SECTION 401(A) OF THAT ACT. //ANTE, P. 317.//
SEC. 10. //16 USC 1609.// (A) NATIONAL FOREST SYSTEM DEFINED.--
CONGRESS DECLARES THAT THE NATIONAL FOREST SYSTEM CONSISTS OF UNITS OF
FEDERALLY OWNED FOREST, RANGE, AND RELATED LANDS THROUGHOUT THE UNITED
STATES AND ITS TERRITORIES, UNITED INTO A NATIONALLY SIGNIFICANT SYSTEM
DEDICATED TO THE LONG-TERM BENEFIT FOR PRESENT AND FUTURE GENERATIONS,
AND THAT IT IS THE PURPOSE OF THIS SECTION TO INCLUDE ALL SUCH AREAS
INTO ONE INTEGRAL SYSTEM. THE "NATIONAL FOREST SYSTEM" SHALL INCLUDE
ALL NATIONAL FOREST LANDS RESERVED OR WITHDRAWN FORM THE PUBLIC DOMAIN
OF THE UNITED STATES, ALL NATIONAL FOREST LANDS ACQUIRED THROUGH
PURCHASE, EXCHANGE, DONATION, OR OTHER MEANS, THE NATIONAL GRASSLANDS
AND LAND UTILIZATION PROJECTS ADMINISTERED UNDER TITLE III OF THE
BANKHEAD-JONES FARM TENANT ACT (50 STAT. 525, 7 U.S.C. 1010 - 1012),
//86 STAT. 669.// AND OTHER LANDS, WATERS, OR INTERESTS THEREIN WHICH
ARE ADMINISTERED BY THE FOREST SERVICE OR ARE DESIGNATED FOR
ADMINISTRATION THROUGH THE FOREST SERVICE AS A PART OF THE SYSTEM.
(B) THE ON-THE-GROUND FIELD OFFICES, FIELD SUPERVISORY OFFICES, AND
REGIONAL OFFICES OF THE FOREST SERVICE SHALL BE SO SITUATED AS TO
PROVIDE THE OPTIMUM LEVEL OF CONVENIENT, USEFUL SERVICES TO THE PUBLIC,
GIVING PRIORITY TO THE MAINTENANCE AND LOCATION OF FACILITIES IN RURAL
AREAS AND TOWNS NEAR THE NATIONAL FOREST AND FOREST SERVICE PROGRAM
LOCATIONS IN ACCORDANCE WITH THE STANDARDS IN SECTION 901(B) OF THE ACT
OF NOVEMBER 30, 1970 (84 STAT. 1383, AS AMENDED. //86 STAT. 674, 42 USC
3122.//
SEC. 11. //16 USC 1610.// RENEWABLE RESOURCES.--IN CARRYING OUT THIS
ACT, THE SECRETARY OF AGRICULTURE SHALL UTILIZE INFORMATION AND DATA
AVAILABLE FROM OTHER FEDERAL, STATE, AND PRIVATE ORGANIZATIONS AND SHALL
AVOID DUPLICATION AND OVERLAP OF RESOURCE ASSESSMENT AND PROGRAM
PLANNING EFFORTS OF OTHER FEDERAL AGENCIES. THE TERM "RENEWABLE
RESOURCES" SHALL BE CONSTRUED TO INVOLVE THOSE MATTERS WITHIN THE SCOPE
OF RESPONSIBILITIES AND AUTHORITIES OF THE FOREST SERVICE ON THE DATE OF
THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1163 ACCOMPANYING H.R. 15283 (COMM. ON
AGRICULTURE) AND NO. 93 - 1226 (COMM. ON CONFERENCE).
SENATE REPORT NO. 93 - 686 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
FEB. 19, 21, CONSIDERED AND PASSED SENATE.
JULY 1, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
15283.
AUG. 1, HOUSE AGREED TO CONFERENCE REPORT.
AUG. 2, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-377, 88 STAT 472, ATOMIC ENERGY ACT OF 1954, ATOMIC
WEAPONS REWARDS ACT OF 1955, AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ATOMIC WEAPONS REWARDS
ACT OF 1955 //69 STAT. 365, 50 USC 47A NOTE.// IS AMENDED AS FOLLOWS:
(A) THE INITIAL SECTION OF THE ACT IS AMENDED BY STRIKING OUT THE
WORDS "ATOMIC WEAPONS REWARDS ACT OF 1955" AND BY SUBSTITUTING IN LIEU
THEREOF "ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS ACT."
(B) SECTIONS 2, 3, AND 5 OF THE ACT ARE AMENDED TO READ AS FOLLOWS;
//50 USC 47A, 47B, 47D.//
"SEC. 2. ANY PERSON WHO FURNISHES ORIGINAL INFORMATION TO THE UNITED
STATES---,
"(A) LEADING TO THE FINDING OR OTHER ACQUISITION BY THE UNITED
STATES OF SPECIAL NUCLEAR MATERIAL OR AN ATOMIC WEAPON WHICH HAS
BEEN INTRODUCED INTO THE UNITED STATES OR MANUFACTURED OR ACQUIRED
THEREIN CONTRARY TO THE LAWS OF THE UNITED STATES, OR
"(B) WITH RESPECT TO THE INTRODUCTION OR ATTEMPTED INTRODUCTION
INTO THE UNITED STATES OR THE MANUFACTURE OR ACQUISITION OR
ATTEMPTED MANUFACTURE OR ACQUISITION OF, OR A CONSPIRACY TO
INTRODUCE INTO THE UNITED STATES OR TO MANUFACTURE OR ACQUIRE,
SPECIAL NUCLEAR MATERIAL OR AN ATOMIC WEAPON CONTRARY TO THE LAWS
OF THE UNITED STATES, OR
"(C) WITH RESPECT TO THE EXPORT OR ATTEMPTED EXPORT, OR A
CONSPIRACY TO EXPORT, SPECIAL NUCLEAR MATERIAL OR AN ATOMIC WEAPON
FROM THE UNITED STATES CONTRARY TO THE LAWS OF THE UNITED STATES,
SHALL BE REWARDED BY THE PAYMENT OF AN AMOUNT NOT TO EXCEED $500,000.
"SEC. 3. THE ATTORNEY GENERAL SHALL DETERMINE WHETHER A PERSON
FURNISHING INFORMATION TO THE UNITED STATES IS ENTITLED TO A REWARD AND
THE AMOUNT TO BE PAID PURSUANT TO SECTION 2. BEFORE MAKING A REWARD
UNDER THIS SECTION THE ATTORNEY GENERAL SHALL ADVISE AND CONSULT WITH
THE ATOMIC ENERGY COMMISSION. A REWARD OF $50,000 OR MORE MAY NOT BE
MADE WITHOUT THE APPROVAL OF THE PRESIDENT.".
"SEC. 5. (A) THE ATTORNEY GENERAL IS AUTHORIZED TO HOLD SUCH HEARINGS
AND MAKE, PROMULGATE, ISSUE, RESCIND, AND AMEND SUCH RULES AND
REGULATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS ACT.
"(B) A DETERMINATION MADE BY THE ATTORNEY GENERAL UNDER SECTION 3 OF
THIS ACT SHALL BE FINAL AND CONCLUSIVE AND NO COURT SHALL HAVE POWER OR
JURISDICTION TO REVIEW IT.".
(C) SECTION 6 OF THE ACT //50 USC 47E.// IS AMENDED BY DELETING THE
WORDS "AWARDS BOARD" AND BY SUBSTITUTING IN LIEU THEREOF THE WORDS
"ATTORNEY GENERAL".
SEC. 2. SECTION 54 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, //68
STAT. 931; 78 STAT. 604, 42 USC 2074.// IS AMENDED TO READ AS FOLLOWS:
"SEC. 54. FOREIGN DISTRIBUTION OF SPECIAL NUCLEAR MATERIAL.---A. THE
COMMISSION IS AUTHORIZED TO COOPERATE WITH ANY NATION OR GROUP OF
NATIONS BY DISTRIBUTING SPECIAL NUCLEAR MATERIAL AND TO DISTRIBUTE SUCH
SPECIAL NUCLEAR MATERIAL, PURSUANT TO THE TERMS OF AN AGREEMENT FOR
COOPERATION TO WHICH SUCH NATION OR GROUP OF NATIONS IS A PARTY AND
WHICH IS MADE IN ACCORDANCE WITH SECTION 123. //72 STAT. 277, 632, 42
USC 2153.// UNLESS HEREAFTER OTHERWISE AUTHORIZED BY LAW THE COMMISSION
SHALL BE COMPENSATED FOR SPECIAL NUCLEAR MATERIAL SO DISTRIBUTED AT NOT
LESS THAN THE COMMISSION'S PUBLISHED CHARGES APPLICABLE TO THE DOMESTIC
DISTRIBUTION OF SUCH MATERIAL, EXCEPT THAT THE COMMISSION TO ASSIST AND
ENCOURAGE RESEARCH ON PEACEFUL USES OR FOR MEDICAL THERAPY MAY SO
DISTRIBUTE WITHOUT CHARGE DURING ANY CALENDAR YEAR ONLY A QUANTITY OF
SUCH MATERIAL WHAT AT THE TIME OF TRANSFER DOES NOT EXCEED IN VALUE
$10,000 IN THE CASE OF ONE NATION OR $50,000 IN THE CASE OF ANY GROUP OF
NATIONS. THE COMMISSION MAY DISTRIBUTE TO THE INTERNATIONAL ATOMIC
ENERGY AGENCY, OR TO ANY GROUP OF NATIONS, ONLY SUCH AMOUNTS OF SPECIAL
NUCLEAR MATERIALS AND FOR SUCH PERIOD OF TIME AS ARE AUTHORIZED BY
CONGRESS: PROVIDED, HOWEVER, THAT, (I) NOTWITHSTANDING THIS PROVISION,
THE COMMISSION IS HEREBY AUTHORIZED, SUBJECT TO THE PROVISIONS OF
SECTION 123, //68 STAT. 940; 72 STAT. 277, 632, 42 USC 2153.// TO
DISTRIBUTE TO THE AGENCY FIVE THOUSAND KILOGRAMS OF CONTAINED
URANIUM-235, FIVE HUNDRED GRAMS OF URANIUM-233, AND THREE KILOGRAMS OF
PLUTONIUM, TOGETHER WITH THE AMOUNTS OF SPECIAL NUCLEAR MATERIAL WHICH
WILL MATCH IN AMOUNT THE SUM OF ALL QUANTITIES OF SPECIAL NUCLEAR
MATERIALS MADE AVAILABLE BY ALL OTHER MEMBERS OF THE AGENCY TO JUNE 1,
1960; AND (II) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS
SUBSECTION, THE COMMISSION MAY DISTRIBUTE TO THE INTERNATIONAL ATOMIC
ENERGY AGENCY, OR TO ANY GROUP OF NATIONS, SUCH OTHER AMOUNTS OF SPECIAL
NUCLEAR MATERIALS AND FOR SUCH OTHER PERIODS OF TIME AS ARE ESTABLISHED
IN WRITING BY THE COMMISSION: PROVIDED, HOWEVER, THAT BEFORE THEY ARE
ESTABLISHED BY THE COMMISSION PURSUANT TO THIS SUBDIVISION (II), SUCH
PROPOSED AMOUNTS AND PERIODS SHALL BE SUBMITTED TO THE CONGRESS AND
REFERRED TO THE JOINT COMMITTEE AND A PERIOD OF SIXTY DAYS SHALL ELAPSE
WHILE CONGRESS IN SESSION (IN COMPUTING SUCH SIXTY DAYS, THERE SHALL BE
EXCLUDED THE DAYS ON WHICH EITHER HOUSE IS NOT IN SESSION BECAUSE OF AN
ADJOURNMENT OF MORE THAN THREE DAYS): AND PROVIDED FURTHER, THAT ANY
SUCH PROPOSED AMOUNTS AND PERIODS SHALL NOT BECOME EFFECTIVE IF DURING
SUCH SIXTY-DAY PERIOD THE CONGRESS PASSES A CONCURRENT RESOLUTION
STATING IN SUBSTANCE THAT IT DOES NOT FAVOR THE PROPOSED ACTION: AND
PROVIDED FURTHER, THAT PRIOR TO THE ELAPSE OF THE FIRST THIRTY DAYS OF
ANY SUCH SIXTY-DAY PERIOD THE JOINT COMMITTEE SHALL SUBMIT A REPORT TO
THE CONGRESS OF ITS VIEWS AND RECOMMENDATIONS RESPECTING THE PROPOSED
AMOUNTS AND PERIODS AND AN ACCOMPANYING PROPOSED CONCURRENT RESOLUTION
STATING IN SUBSTANCE THAT THE CONGRESS FAVORS, OR DOES NOT FAVOR, AS THE
CASE MAY BE, THE PROPOSED AMOUNTS OR PERIODS. THE COMMISSION MAY AGREE
TO REPURCHASE ANY SPECIAL NUCLEAR MATERIAL DISTRIBUTED UNDER A SALE
ARRANGEMENT PURSUANT TO THIS SUBSECTION WHICH IS NOT CONSUMED IN THE
COURSE OF THE ACTIVITIES CONDUCTED IN ACCORDANCE WITH THE AGREEMENT FOR
COOPERATION, OR ANY URANIUM REMAINING AFTER IRRADIATION OF SUCH SPECIAL
NUCLEAR MATERIAL, AT A REPURCHASE PRICE NOT TO EXCEED THE COMMISSION'S
SALE PRICE FOR COMPARABLE SPECIAL NUCLEAR MATERIAL OR URANIUM IN EFFECT
AT THE TIME OF DELIVERY OF SUCH MATERIAL TO THE COMMISSION. THE
COMMISSION MAY ALSO AGREE TO PURCHASE, CONSISTENT WITH AND WITHIN THE
PERIOD OF THE AGREEMENT FOR COOPERATION, SPECIAL NUCLEAR MATERIAL
PRODUCED IN A NUCLEAR REACTOR LOCATED OUTSIDE THE UNITED STATES THROUGH
THE USE OF SPECIAL NUCLEAR MATERIAL WHICH WAS LEASED OR SOLD PURSUANT TO
THIS SUBSECTION. UNDER ANY SUCH AGREEMENT THE COMMISSION SHALL PURCHASE
ONLY SUCH MATERIAL AS IS DELIVERED TO THE COMMISSION DURING ANY PERIOD
WHEN THERE IS IN EFFECT A GUARANTEED PURCHASE PRICE FOR THE SAME
MATERIAL PRODUCED IN A NUCLEAR REACTOR BY A PERSON LICENSED UNDER
SECTION 104, //68 STAT. 937; 84 STAT. 1472, 42 USC 2134.// ESTABLISHED
BY THE COMMISSION PURSUANT TO SECTION 56, //78 STAT. 605; 84 STAT.
1472, 42 USC 2076.// AND THE PRICE TO BE PAID SHALL BE THE PRICE SO
ESTABLISHED BY THE COMMISSION AND IN EFFECT FOR THE SAME MATERIAL
DELIVERED TO THE COMMISSION.
"B. NOTWITHSTANDING THE PROVISIONS OF SECTIONS 123, 124, AND 125,
THE COMMISSION IS AUTHORIZED TO DISTRIBUTE TO ANY PERSON OUTSIDE THE
UNITED STATES (1) PLUTONIUM CONTAINING 80 PER CENTUM OR MORE BY WEIGHT
OF PLUTONIUM-238, AND (2) OTHER SPECIAL NUCLEAR MATERIAL WHEN IT HAS, IN
ACCORDANCE WITH SUBSECTION 57 D., EXEMPTED CERTAIN CLASSES OR QUANTITIES
OF SUCH OTHER SPECIAL NUCLEAR MATERIAL OR KINDS OF USES OR USERS THEREOF
FROM THE REQUIREMENTS FOR A LICENSE SET FORTH IN THIS CHAPTER. UNLESS
HEREAFTER OTHERWISE AUTHORIZED BY LAW, THE COMMISSION SHALL BE
COMPENSATED FOR SPECIAL NUCLEAR MATERIAL SO DISTRIBUTED NOT LESS THAN
THE COMMISSION'S PUBLISHED CHARGES APPLICABLE TO THE DOMESTIC
DISTRIBUTION OF SUCH MATERIAL. THE COMMISSION SHALL NOT DISTRIBUTE ANY
PLUTONIUM CONTAINING 80 PER CENTUM OR MORE BY WEIGHT OF PLUTONIUM-238 TO
ANY PERSON UNDER THIS SUBSECTION IF, IN ITS OPINION, SUCH DISTRIBUTION
WOULD BE INIMICAL TO THE COMMON DEFENSE AND SECURITY. THE COMMISSION
MAY REQUIRE SUCH REPORTS REGARDING THE USE OF MATERIAL DISTRIBUTED
PURSUANT TO THE PROVISIONS OF THIS SUBSECTION AS IT DEEMS NECESSARY.
"C. THE COMMISSION IS AUTHORIZED TO LICENSE OR OTHERWISE PERMIT
OTHERS TO DISTRIBUTE SPECIAL NUCLEAR MATERIAL TO ANY PERSON OUTSIDE THE
UNITED STATES UNDER THE SAME CONDITIONS, EXCEPT AS TO CHARGES, AS WOULD
BE APPLICABLE IF THE MATERIAL WERE DISTRIBUTED BY THE COMMISSION.".
SEC. 3. SECTION 57 OF THE ATOMIC ENEREGY ACT OF 1954, AS AMENDED,
//78 STAT. 605, 42 USC 2077.// IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SUBSECTION:
"D. THE COMMISSION IS AUTHORIZED TO ESTABLISH CLASSES OF SPECIAL
NUCLEAR MATERIAL AND TO EXEMPT CERTAIN CLASSES OR QUANTITIES OF SPECIAL
NUCLEAR MATERIAL OR KINDS OF USES OR USERS FROM THE REQUIREMENTS FOR A
LICENSE SET FORTH IN THIS SECTION WHEN IT MAKES A FINDING THAT THE
EXEMPTION OF SUCH CLASSES OR QUANTITIES OF SPECIAL NUCLEAR MATERIAL OR
SUCH KINDS OF USES OR USERS WOULD NOT BE INIMICAL TO THE COMMON DEFENSE
AND SECURITY AND WOULD NOT CONSTITUTE AN UNREASONABLE RISK TO THE HEALTH
AND SAFETY OF THE PUBLIC.".
SEC. 4. SECTION 81 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED, //68
STAT. 935, 42 USC 2111.// IS AMENDED BY DELETING THE WORD "LICENSEES"
AND INSERTING IN LIEU THEREOF THE WORDS "QUALIFIED APPLICANTS" IN THE
THIRD SENTENCE OF SUCH SECTION AND BY DELETING THE FIFTH SENTENCE OF
SUCH SECTION.
SEC. 5. SECTIONS 123, 124, AND 125 OF THE ATOMIC ENERGY ACT OF 1954,
AS AMENDED, //68 STAT. 940, 71 STAT. 11, 42 USC 2153 AND NOTE, 2154.//
ARE AMENDED BY SUBSTITUTING THE TERM "54A." FOR THE TERM "54.".
SEC. 6. SUBSECTION 153 H. OF THE ATOMIC ENERGY ACT OF 1954, //83
STAT. 444, 42 USC 2183.// AS AMENDED, IS AMENDED BY STRIKING THE FIGURE
"1974" AND SUBSTITUTING THEREOF THE FIGURE "1979".
SEC. 7. SUBSECTION 161 I. OF THE ATOMIC ENERGY ACT OF 1954, AS
AMENDED, //68 STAT. 949. 42 USC 2201.// IS AMENDED TO READ AS FOLLOWS:
"I. PRESCRIBE SUCH REGULATIONS OR ORDERS AS IT MAY DEEM
NECESSARY (1) TO PROTECT RESTRICTED DATA RECEIVED BY ANY PERSON IN
CONNECTION WITH ANY ACTIVITY AUTHORIZED PURSUANT TO THIS ACT, (2)
TO GUARD AGAINST THE LOSS OR DIVERSION OF ANY SPECIAL NUCLEAR
MATERIAL ACQUIRED BY ANY PERSON PURSUANT TO SECTION 53 //68 STAT.
930; 78 STAT. 603, 42 USC 2073.// OR PRODUCED BY ANY PERSON IN
CONNECTION WITH ANY ACTIVITY AUTHORIZED PURSUANT TO THIS ACT, TO
PREVENT ANY USE OR DISPOSITION THEREOF WHICH THE COMMISSION MAY
DETERMINE TO BE INIMICAL TO THE COMMON DEFENSE AND SECURITY,
INCLUDING REGULATIONS OR ORDERS DESIGNATING ACTIVITIES, INVOLVING
QUANTITIES OF SPECIAL NUCLEAR MATERIAL WHICH IN THE
OPINION OF THE COMMISSION ARE IMPORTANT TO THE COMMON DEFENSE AND
SECURITY, THAT MAY BE CONDUCTED ONLY BY PERSONS WHOSE CHARACTER,
ASSOCIATIONS, AND LOYALTY SHALL HAVE BEEN INVESTIGATED UNDER STANDARDS
AND SPECIFICATIONS ESTABLISHED BY THE COMMISSION AND AS TO WHOM THE
COMMISSION SHALL HAVE DETERMINED THAT PERMITTING EACH SUCH PERSON TO
CONDUCT THE ACTIVITY WILL NOT BE INIMICAL TO THE COMMON DEFENSE AND
SECURITY, AND (3) TO GOVERN ANY ACTIVITY AUTHORIZED PURSUANT TO THIS
ACT, INCLUDING STANDARDS AND RESTRICTIONS GOVERNING THE DESIGN,
LOCATION, AND OPERATION OF FACILITIES USED IN THE CONDUCT OF SUCH
ACTIVITY, IN ORDER TO PROTECT HEALTH AND TO MINIMIZE DANGER TO LIFE OR
PROPERTY;".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1155 ACCOMPANYING H.R. 15416 (JOINT COMM. ON
ATOMIC ENERGY).
SENATE REPORT NO. 93 - 989 (JOINT COMM. ON ATOMIC ENERGY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 11, CONSIDERED AND PASSED SENATE.
AUG. 1, CONSIDERED AND PASSED HOUSE, IN LIEU OF H.R. 15416.
PUBLIC LAW 93-376, 88 STAT 446, DISTRICT OF COLUMBIA CAMPAIGN FINANCE
REFORM AND CONFLICT OF INTEREST ACT
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SE. 101. SHORT TITLE.
SEC. 102. DEFINITIONS.
SEC. 201. ORGANIZATION OF POLITICAL COMMITTEES.
SEC. 202. PRINCIPAL CAMPAIGN COMMITTEE.
SEC. 203. DESIGNATION OF CAMPAIGN DEPOSITORY.
SEC. 204. REGISTRATION OF POLITICAL COMMITTEES; STATEMENTS.
SEC. 205. REGISTRATION OF CANDIDATES.
SEC. 206. REPORTS BY POLITICAL COMMITTEES AND CANDIDATES.
SEC. 207. REPORTS BY OTHERS THAN POLITICAL COMMITTEES.
SEC. 208. FORMAL REQUIREMENTS RESPECTING REPORTS AND STATEMENTS.
SEC. 209. EXEMPTION FOR CANDIDATES WHO ANTICIPATE SPENDING LESS THAN
$250.
SEC. 210. IDENTIFICATION OF CAMPAIGN LITERATURE.
SEC. 211. EFFECT ON LIABILITY.
SEC. 301. ESTABLISHMENT OF THE OFFICE OF DIRECTOR.
SEC. 302. POWERS OF THE DIRECTOR.
SEC. 3039 DUTIES OF THE DIRECTOR.
SEC. 304. GENERAL ACCOUNTING OFFICE TO ASSIST BOARD AND DIRECTOR.
SEC. 305. NOMINATING COMMITTEE.
SEC. 306. DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS.
SEC. 401. GENERAL LIMITATIONS.
SEC. 402. LIMITATION ON EXPENDITURES.
SEC. 501. DEFINITIONS.
SEC. 502. DETAILED ACCOUNTS OF CONTRIBUTIONS; RETENTION OF RECEIPTED
BILLS OF EXPENDITURES.
SEC. 503. RECEIPTS FOR CONTRIBUTIONS.
SEC. 504. STATEMENTS OF ACCOUNTS FILED WITH DIRECTOR.
SEC. 505. PRESERVATION OF STATEMENTS.
SEC. 506. PERSONS TO WHOM TITLE IS APPLICABLE.
SEC. 507. REGISTRATION OF LOBBYISTS WITH DIRECTOR; COMPILATION OF
INFORMATION.
SEC. 508. REPORTS AND STATEMENTS UNDER OATH.
SEC. 509. PENALTIES AND PROHIBITIONS.
SEC. 510. EXEMPTIONS.
SEC. 601. CONFLICT OF INTEREST.
SEC. 602. DISCLOSURE OF FINANCIAL INTEREST.
SEC. 701. PENALTIES AND ENFORCEMENT.
SEC. 702. TAX CREDIT FOR CAMPAIGN CONTRIBUTIONS.
SEC. 703. USE OF SURPLUS CAMPAIGN FUNDS.
SEC. 704. A STUDY OF 1974 ELECTION AND REPORT BY COUNCIL.
SEC. 705. EFFECTIVE DATES.
SEC. 706. AMENDMENTS TO DISTRICT OF COLUMBIA ELECTION ACT.
SEC. 707. AUTHORITY OF COUNCIL.
SEC. 708. AUTHORIZATION OF APPROPRIATION.
SEC. 101. THIS ACT MAY BE CITED AS THE "DISTRICT OF COLUMBIA CAMPAIGN
FINANCE REFORM AND CONFLICT OF INTEREST ACT." //D.C. CODE 1 - 1121
NOTE.//
SEC. 102. WHEN USED IN THIS ACT, UNLESS OTHERWISE PROVIDED--- //D.C.
CODE 1 - 1121.//
(A) THE TERM "ELECTION" MEANS A PRIMARY, RUNOFF, GENERAL, OR SPECIAL
ELECTION HELD IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF NOMINATING
AN INDIVIDUAL TO BE A CANDIDATE FOR ELECTION TO OFFICE OR FOR THE
PURPOSE OF ELECTING A CANDIDATE TO OFFICE, AND INCLUDES A CONVENTION OR
CAUCUS OF A POLITICAL PARTY HELD FOR THE PURPOSE OF NOMINATING SUCH A
CANDIDATE.
(B) THE TERM "CANDIDATE" MEANS AN INDIVIDUAL WHO SEEKS NOMINATION FOR
ELECTION, OR ELECTION, TO OFFICE, WHETHER OR NOT SUCH INDIVIDUAL IS
NOMINATED OR ELECTED, AND, FOR PURPOSES OF THIS PARAGRAPH, AN INDIVIDUAL
SHALL BE DEEMED TO SEEK NOMINATION FOR ELECTION, OR ELECTION, IF HE HAS
(1) OBTAINED OR AUTHORIZED ANY OTHER PERSON TO OBTAIN NOMINATING
PETITIONS TO QUALIFY HIMSELF FOR NOMINATION FOR ELECTION, OR ELECTION,
TO OFFICE, (2) RECEIVED CONTRIBUTIONS OR MADE EXPENDITURES, OR HAS GIVEN
HIS CONSENT FOR ANY OTHER PERSON TO RECEIVE CONTRIBUTIONS OR MAKE
EXPENDITURES, WITH A VIEW TO BRINGING ABOUT HIS NOMINATION FOR ELECTION,
OR ELECTION, TO OFFICE, OR (3) REASON TO KNOW, OR KNOWS, THAT ANY OTHER
PERSON HAS RECEIVED CONTRIBUTIONS OR MADE EXPENDITURES FOR THAT PURPOSE,
AND HAS NOT NOTIFIED THAT PERSON IN WRITING TO CEASE RECEIVING
CONTRIBUTIONS OR MAKING EXPENDITURES FOR THAT PURPOSE. A PERSON WHO IS
DEEMED TO BE A CANDIDATE FOR THE PURPOSES OF THIS ACT SHALL NOT BE
DEEMED, SOLELY BY REASON OF THAT STATUS, TO BE A CANDIDATE FOR THE
PURPOSES OF ANY OTHER FEDERAL LAW.
(C) THE TERM "OFFICE" MEANS THE OFFICE OF MAYOR OF THE DISTRICT OF
COLUMIBA, CHAIRMAN OR MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMIBA,
MEMBER OF THE BOARD OF EDUCATION OF THE DISTRICT OF COLUMIBA, OR AN
OFFICIAL OF A POLITICAL PARTY.
(D) THE TERM "OFFICIAL OF A POLITICAL PARTY" MEANS---,
(1) NATIONAL COMMITTEEMEN AND NATIONAL COMMITTEEWOMEN;
(2) DELEGATES TO CONVENTIONS OF POLITICAL PARTIES NOMINATING
CANDIDATES FOR THE PRESIDENCY AND VICE PRESIDENCY OF THE UNITED
STATES;
(3) ALTERNATES TO THE OFFICIALS REFERRED TO CLAUSES (1) AND (2)
ABOVE, WHERE PERMITTED BY POLITICAL PARTY RULES; AND
(4) SUCH MEMBERS AND OFFICIALS OF LOCAL COMMITTEES OF POLITICAL
PARTIES AS MAY BE DESIGNATED BY THE DULY AUTHORIZED LOCAL
COMMITTEES OF SUCH PARTIES FOR ELECTION, BY PUBLIC BALLT, AT LARGE
OR BY WARD IN THE DISTRICT OF COLUMBIA.
(E) THE TERM "POLITICAL COMMITTEE" MEANS ANY COMMITTEE (INCLUDING A
PRINCIPAL CAMPAIGN COMMITTEE), CLUB, ASSOCIATION, ORGANIZATION, OR OTHER
GROUP OF INDIVIDUALS ORGANIZED FOR THE PURPOSE OF, OR ENGAGED IN,
PROMOTING OR OPPOSING A POLITICAL PARTY OR THE NOMINATION OR ELECTION OF
AN INDIVIDUAL TO OFFICE.
(F) THE TERM "CONTRIBUTION" MEANS---,
(1) A GIFT, SUBSCRIPTION (INCLUDING ANY ASSESSMENT, FEE, OR
MEMBERSHIP DUES), LOAN, ADVANCE, OR DEPOSIT OF MONEY OR ANYTHING
OF VALUE, MADE FOR THE PURPOSE OF FINANCING, DIRECTLY OR
INDIRECTLY, THE ELECTION CAMPAIGN OF A CANDIDATE OR ANY OPERATIONS
OF A POLITICAL COMMITTEE;
(2) A CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY
ENFORCEABLE, TO MAKE A CONTRIBUTION FOR ANY SUCH PURPOSE;
(3) A TRANSFER OF FUNDS BETWEEN POLITICAL COMMITTEES; OR
(4) THE PAYMENT, BY ANY PERSON OTHER THAN A CANDIDATE OR
POLITICAL COMMITTEE, OF COMPENSATION FOR THE PERSONAL SERVICES OF
ANOTHER PERSON WHICH ARE RENDERED TO SUCH CANDIDATE OR COMMITTEE
WITHOUT CHARGE, OR FOR LESS THAN REASONABLE VALUE, FOR ANY SUCH
PURPOSE OR THE FURNISHING OF GOODS, ADVERTISING, OR SERVICES TO A
CANDIDATE'S CAMPAIGN WITHOUT CHARGE, OR AT A RATE WHICH IS LESS
THAN THE RATE NORMALLY CHARGED FOR SUCH SERVICES.
NOTWITHSTANDING THE FOREGOING, SUCH TERM SHALL NOT BE CONSTRUED TO
INCLUDE (A) SERVICES PROVIDED WITHOUT COMPENSATION, BY INDIVIDUALS
VOLUNTERING A PORTION OR ALL OF THEIR TIME ON BEHALF OF A CANDIDATE OR
POLITICAL COMMITTEE, (B) PERSONAL SERVICES PROVIDED WITHOUT COMPENSATION
BY INDIVIDUALS VOLUNTEERING A PORTION OR ALL OF THEIR TIME TO A
CANDIDATE OR POLITICAL COMMITTEE, (C) COMMUNICATIONS BY AN ORGANIZATION,
OTHER THAN A POLITICAL PARTY, SOLELY TO ITS MEMBERS AND THEIR FAMILIES
ON ANY SUBJECT, (C) COMMUNICATIONS (INCLUDING ADVERTISEMENTS) TO ANY
PERSON ON ANY SUBJECT BY ANY ORGANIZATION WHICH IS ORGANIZED SOLELY AS
AN ISSUE-ORIENTED ORGANIZATION, WHICH COMMUNICATIONS NEITHER ENDORSE NOR
OPPOSE ANY CANDIDATE FOR OFFICE, OR (E) NORMAL BILLING CREDIT FOR A
PERIOD NOT EXCEEDING THIRTY DAYS.
(G) THE TERM "EXPENDITURE" MEANS---,
(1) A PURCHASE, PAYMENT, DISTRIBUTION, LOAN, ADVANCE, DEPOSIT,
OR GIFT OR MONEY OR ANYTHING OF VALUE, MADE FOR THE PURPOSE OF
FINANCING, DIRECTLY OR INDIRECTLY, THE ELECTION CAMPAIGN OF A
CANDIDATE OR ANY OPERATIONS OF A POLITICAL COMMITTEE;
(2) A CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY
ENFORCEABLE, TO MAKE AN EXPENDITURE;
(3) A TRANSFER OF FUNDS BETWEEN POLITICAL COMMITTEES; AND
(4) NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS PARAGRAPH,
SUCH TERM SHALL NOT BE CONSTRUED TO INCLUDE THE INCIDENTAL
EXPENSES (AS DEFINED BY THE BOARD) MADE BY OR ON BEHALF OF
INDIVIDUALS IN THE COURSE OF VOLUNTEERING THEIR TIME ON BEHALF OF
A CANDIDATE OR POLITICAL COMMITTEE.
(H) THE TERM "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, COMMITTEE,
ASSOCIATION, CORPORATION, LABOR ORGANIZATION, AND ANY OTHER ORGANIZATION
OR GROUP OF PERSONS.
(I) THE TERM "DIRECTOR" MEANS THE DIRECTOR OF CAMPAIGN FINANCE OF THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS CREATED BY TITLE III.
(J) THE TERM "POLITICAL PARTY" MEANS AN ASSOCIATION, COMMITTEE, OR
ORGANIZATION WHICH NOMINATES A CANDIDATE FOR ELECTION TO ANY OFFICE AND
QUALIFIES UNDER THE DISTRICT OF COLUMBIA ELECTION ACT (D.C. CODE, SEC.
1 - 1101 ET SEQ.), //69 STAT. 699; 87 STAT. 832.// TO HAVE THE NAMES OF
ITS NOMINEES APPEAR ON THE ELECTION BALLOT AS THE CANDIDATE OF THAT
ASSOCIATION, COMMITTEE, OR ORGANIZATION.
(K) THE TERM "BOARD" MEANS THE DISTRICT OF COLUMBIA BOARD OF
ELECTIONS AND ETHICS ESTABLISHED UNDER THE DISTRICT OF COLUMBIA ELECTION
ACT (D.C. CODE, SEC. 1 - 1101 ET SEQ.) AND REDESIGNATED BY SECTION 306.
SEC. 201. //D.C. CODE 1 - 1131.// (A) EVERY POLITICAL COMMITTEE
SHALL HAVE A CHAIRMAN AND A TREASURER. NO CONTRIBUTION AND NO
EXPENDITURE SHALL BE ACCEPTED OR MADE BY OR ON BEHALF OF A POLITICAL
COMMITTEE AT A TIME WHEN THERE IS A VACANCY IN THE OFFICE OF TREASURER
THEREOF AND NO OTHER PERSON HAS BEEN DESIGNATED AND HAS AGREED TO
PERFORM THE FUNCTIONS OF TREASURER. NO EXPENDITURE SHALL BE MADE FOR OR
ON BEHALF OF A POLITICAL COMMITTEE WITHOUT THE AUTHORIZATION OF ITS
CHAIRMAN OR TREASURER, OR THEIR DESIGNATED AGENTS.
(B) EVERY PERSON WHO RECEIVES A CONTRIBUTION OF $10 OR MORE FOR OR ON
BEHALF OF A POLITICAL COMMITTEE SHALL, ON DEMAND OF THE TREASURER, AND
IN ANY EVENT WITHIN FIVE DAYS AFTER RECEIPT OF SUCH CONTRIBUTION, SUBMIT
TO THE TREASURER OF SUCH COMMITTEE A DETAILED ACCOUNT THEREOF, INCLUDING
THE AMOUNT, THE NAME AND ADDRESS (INCLUDING THE OCCUPATION AND THE
PRINCIPAL PLACE OF BUSINESS, IF ANY) OF THE PERSON MAKING SUCH
CONTRIBUTION, AND THE DATE ON WHICH SUCH CONTRIBUTION WAS RECEIVED. ALL
FUNDS OF A POLITICAL COMMITTEE SHALL BE SEGREGATED FROM, AND MAY NOT BE
COMMINGLED WITH, ANY PERSONAL FUNDS OF OFFICERS, MEMBERS, OR ASSOCIATES
OF SUCH COMMITTEE.
(C) EXCEPT FOR ACCOUNTS OF EXPENDITURES MADE OUT OF THE PETTY CASH
FUND PROVIDED FOR UNDER SECTION 201 (B), THE TREASURER OF A POLITICAL
COMMITTEE, AND EACH CANDIDATE, SHALL KEEP A DETAILED AND EXACT ACCOUNT
OF---,
(1) ALL CONTRIBUTIONS MADE TO OR FOR SUCH POLITICAL COMMITTEE
OR CANDIDATE;
(2) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EVERY PERSON
MAKING A CONTRIBUTION OF $10 OR MORE, AND THE DATE AND AMOUNT
THEREOF;
(3) ALL EXPENDITURES MADE BY OR ON BEHALF OF SUCH COMMITTEE OR
CANDIDATE; AND
(4) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EVERY PERSON TO
WHOM ANY EXPENDITURES IS MADE, THE DATE AND AMOUNT THEREOF AND THE
NAME AND ADDRESS OF, AND OFFICE SOUGHT BY, EACH CANDIDATE ON WHOSE
BEHALF SUCH EXPENDITURE WAS MADE.
(D) THE TREASURER OR CANDIDATE SHALL OBTAIN AND PRESERVE SUCH
RECEIPTED BILLS AND RECORDS AS MAY BE REQUIRED BY THE BOARD.
(E) EACH POLITICAL COMMITTEE AND CANDIDATE SHALL INCLUDE ON THE FACE
OR FRONT PAGE OF ALL LITERATURE AND ADVERTISEMENTS SOLICITING FUNDS THE
FOLLOWING NOTICE: "A COPY OF OUR REPORT IS FILED WITH THE DIRECTOR OF
CAMPAIGN FINANCE OF THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND
ETHICS.".
SEC. 202. //D.C. CODE 1 - 1132.// (A) EACH CANDIDATE FOR OFFICE
SHALL DESIGNATE IN WRITING ONE POLITICAL COMMITTEE AS HIS PRINCIPAL
CAMPAIGN COMMITTEE. THE PRINCIPAL CAMPAIGN COMMITTEE SHALL RECEIVE ALL
REPORTS MADE BY ANY OTHER POLITICAL COMMITTEE ACCEPTING CONTRIBUTIONS OR
MAKING EXPENDITURES FOR THE PURPOSE OF INFLUENCING THE NOMINATION FOR
ELECTION, OR ELECTION, OF THE CANDIDATE WHO DESIGNATED IT AS HIS
PRINCIPAL CAMPAIGN COMMITTEE. THE PRINCIPAL COMMITTEE MAY REQUIRE
ADDITIONAL REPORTS TO BE MADE TO IT BY ANY SUCH POLITICAL COMMITTEE AND
MAY DESIGNATE THE TIME AND NUMBER OF ALL REPORTS. NO POLITICAL
COMMITTEE MAY BE DESIGNATED AS THE PRINCIPAL CAMPAIGN COMMITTEE OF MORE
THAN ONE CANDIDATE, EXCEPT A PRINCIPAL CAMPAIGN COMMITTEE SUPPORTING THE
NOMINATION OR ELECTION OF A CANDIDATE AS AN OFFICIAL OF A POLITICAL
PARTY MAY SUPPORT THE NOMINATION OR ELECTION OF MORE THAN ONE SUCH
CANDIDATE, BUT MAY NOT SUPPORT THE NOMINATION OR ELECTION OF A CANDIDATE
FOR ANY PUBLIC OFFICE.
(B) EACH STATEMENT (INCLUDING THE STATEMENT OF ORGANIZATION REQUIRED
UNDER SECTION (204) OR REPORT THAT A POLITICAL COMMITTEE IS REQUIRED TO
FILE WITH OR FURNISH TO THE DIRECTOR UNDER THE PROVISIONS OF THIS ACT
SHALL ALSO BE FURNISHED, IF THAT POLITICAL COMMITTEE IS NOT A PRINCIPAL
CAMPAIGN COMMITTEE, TO THE CAMPAIGN COMMITTEE IS ACCEPTING OR MAKING, OR
INTENDS TO ACCEPT OR MAKE, CONTRIBUTIONS, OR EXPENDITURES.
(C) THE TREASURER OF EACH POLITICAL COMMITTEE WHICH IS A PRINCIPAL
CAMPAIGN COMMITTEE, AND EACH CANDIDATE, SHALL RECEIVE ALL REPORTS AND
STATEMENTS FILED WITH OR FURNISHED TO IT OR HIM BY OTHER POLITICAL
COMMITTEES, CONSOLIDATE, AND FURNISH THE REPORTS AND STATEMENTS TO THE
DIRECTOR, TOGETHER WITH THE REPORTS AND STATEMENTS OF THE PRINCIPAL
CAMPAIGN COMMITTEE OF WHICH HE IS TREASURER OR WHICH WAS DESIGNATED BY
HIM, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND REGULATIONS
PRESCRIBED BY THE BOARD.
SEC. 203. //D.C. CODE 1 - 1133.// (A) EACH POLITICAL COMMITTEE, AND
EACH CANDIDATE ACCEPTING CONTRIBUTIONS OR MAKING EXPENDITURES, SHALL
DESIGNATE, IN THE REGISTRATION STATEMENT REQUIRED UNDER SECTION 204 OR
205, ONE NATIONAL BANK LOCATED IN THE DISTRICT OF COLUMBIA AS THE
CAMPAIGN DEPOSITORY OF THAT POLITICAL COMMITTEE OR CANDIDATE. EACH SUCH
COMMITTEE OR CANDIDATE SHALL MAINTAIN A CHECKING ACCOUNT AT SUCH
DEPOSITORY AND SHALL DEPOSIT ANY CONTRIBUTIONS RECEIVED BY THE COMMITTEE
OR CANDIDATE INTO THAT ACCOUNT. NO EXPENDITURES MAY BE MADE BY SUCH
COMMITTEE OR CANDIDATE EXCEPT BY CHECK DRAWN PAYABLE TO THE PERSON TO
WHOM THE EXPENDITURE IS BEING MADE ON THAT ACCOUNT, OTHER THAN PETTY
CASH EXPENDITURES AS PROVIDED IN SUBSECTION (B).
(B) A POLITICAL COMMITTEE OR CANDIDATE MAY MAINTAIN A PETTY CASH FUND
OUT OF WHICH MAY BE MADE EXPENDITURES NOT IN EXCESS OF $50 TO ANY PERSON
IN CONNECTION WITH A SINGLE PURCHASE OR TRANSACTION. A RECORD OF PETTY
CASH RECEIPTS AND DISBURSEMENTS SHALL BE KEPT IN ACCORDANCE WITH
REQUIREMENTS ESTABLISHED BY THE BOARD AND SUCH STATEMENTS AND REPORTS
THEREOF SHALL BE FURNISHED TO THE DIRECTOR AS IT MAY REQUIRE. PAYMENTS
MAY BE MADE INTO THE PETTY CASH FUND ONLY BY CHECK DRAWN ON THE CHECKING
ACCOUNT MAINTAINED AT THE CAMPAIGN DEPOSITORY OF SUCH POLITICAL
COMMITTEE OR CANDIDATE.
SEC. 204. //D.C. CODE 1 - 1134.// (A) EACH POLITICAL COMMITTEE SHALL
FILE WITH THE DIRECTOR A STATEMENT OF ORGANIZATION WITHIN TEN DAYS AFTER
ITS ORGANIZATION. EACH SUCH COMMITTEE IN EXISTENCE AT THE DATE OF
ENACTMENT OF THIS ACT SHALL FILE A STATEMENT OF ORGANIZATION WITH THE
DIRECTOR AT SUCH TIME AS THE DIRECTOR MAY PRESCRIBE---,
(B) THE STATEMENT OF ORGANIZATION SHALL INCLUDE---,
(1) THE NAME AND ADDRESS OF THE POLITICAL COMMITTEE;
(2) THE NAMES, ADDRESSES, AND RELATIONSHIPS OF AFFILIATED OR
CONNECTED ORGANIZATIONS;
(3) THE AREA, SCOPE, OR JURISDICTION OF THE POLITICAL
COMMITTEE;
(4) THE NAME, ADDRESS, AND POSITION OF THE CUSTODIAN OF BOOKS
AND ACCOUNTS;
(5) THE NAME, ADDRESS, AND POSITION OF OTHER PRINCIPAL
OFFICERS, INCLUDING OFFICERS AND MEMBERS OF THE FINANCE COMMITTEE,
IF ANY;
(6) THE NAME, ADDRESS, OFFICE SOUGHT, AND PARTY AFFILIATION OF
(A) EACH CANDIDATE WHOM THE COMMITTEE IS SUPPORTING, AND (B) ANY
OTHER INDIVIDUAL, IF ANY, WHOM THE COMMITTEE IS SUPPORTING FOR
NOMINATION FOR ELECTION OR ELECTION, TO ANY PUBLIC OFFICE
WHATEVER; OR, IF THE COMMITTEE IS SUPPORTING THE ENTIRE TICKET OF
ANY PARTY, THE NAME OF THE PARTY;
(7) A STATEMENT WHETHER THE POLITICAL COMMITTEE IS A CONTINUING
ONE;
(8) THE DISPOSITION OF RESIDUAL FUNDS WHICH WILL BE MADE IN THE
EVENT OF DISSOLUTION;
(9) THE NAME AND ADDRESS OF THE BANK DESIGNATED BY THE
COMMITTEE AS THE CAMPAIGN DEPOSITORY, TOGETHER WITH THE TITLE AND
NUMBER OF EACH ACCOUNT AND SAFETY DEPOSIT BOX USED BY THAT
COMMITTEE AT THE DEPOSITORY, AND THE IDENTIFICATION OF EACH
INDIVIDUAL AUTHORIZED TO MAKE WITHDRAWALS OR PAYMENTS OUT OF EACH
SUCH ACCOUNT OR BOX; AND
(10) SUCH OTHER INFORMATION AS SHALL BE REQUIRED BY THE
DIRECTOR.
(C) ANY CHANGE IN INFORMATION PREVIOUSLY SUBMITTED IN A STATEMENT OF
ORGANIZATION SHALL BE REPORTED TO THE DIRECTOR WITHIN THE TEN-DAY PERIOD
FOLLOWING THE CHANGE.
(D) ANY POLITICAL COMMITTEE WHICH, AFTER HAVING FILED ONE OR MORE
STATEMENTS OF ORGANIZATION, DISBANDS OR DETERMINES IT WILL NO LONGER
RECEIVE CONTRIBUTIONS OR MAKE EXPENDITURES DURING THE CALENDAR YEAR
SHALL SO NOTIFY THE DIRECTOR.
SEC. 205. //D.C. CODE 1 - 1135.// EACH INDIVIDUAL SHALL, WITHIN FIVE
DAYS OF BECOMING A CANDIDATE, OR WITHIN FIVE DAYS OF THE DAY ON WHICH
HE, OR ANY PERSON AUTHORIZED BY HIM (PURSUANT TO SECTION 401 (D)) TO DO
SO, HAS RECEIVED A CONTRIBUTION OR MADE AN EXPENDITURE IN CONNECTION
WITH HIS CAMPAIGN OR FOR THE PURPOSES OF PREPARING TO UNDERTAKE HIS
CAMPAIGN, FILE WITH THE DIRECTOR A REGISTRATION STATEMENT IN SUCH FORM
AS THE DIRECTOR MAY PRESCRIBE.
(B) IN ADDITION, CANDIDATES SHALL PROVIDE THE DIRECTOR THE NAME AND
ADDRESS OF THE CAMPAIGN DEPOSITORY DESIGNATED BY THAT CANDIDATE,
TOGETHER WITH THE TITLE AND NUMBER OF EACH ACCOUNT AND SAFETY DEPOSIT
BOX USED BY THAT CANDIDATE AT THE DEPOSITORY, AND THE IDENTIFICATION OF
EACH INDIVIDUAL AUTHORIZED TO MAKE WITHDRAWALS OR PAYMENTS OUT OF SUCH
ACCOUNT OR BOX, AND SUCH OTHER INFORMATION AS SHALL BE REQUIRED BY THE
DIRECTOR.
SEC. 206. //D.C. CODE 1 - 1136.// THE TREASURER OF EACH POLITICAL
COMMITTEE SUPPORTING A CANDIDATE, AND EACH CANDIDATE, REQUIRED TO
REGISTER UNDER THIS ACT, SHALL FILE WITH THE DIRECTOR, AND WITH THE
APPLICABLE PRINCIPAL CAMPAIGN COMMITTEE, REPORTS OF RECEIPTS AND
EXPENDITURES ON FORMS TO BE PRESCRIBED OR APPROVED BY THE DIRECTOR.
EXCEPT FOR THE FIRST SUCH REPORT WHICH SHALL BE FILED ON THE
TWENTY-FIRST DAY AFTER THE DATE OF ENACTMENT OF THIS ACT, SUCH REPORTS
SHALL BE FILED ON THE 10TH DAY OF MARCH, JUNE, AUGUST, OCTOBER, AND
DECEMBER IN EACH YEAR DURING WHICH THERE IS HELD AN ELECTION FOR THE
OFFICE SUCH CANDIDATE IS SEEKING, AND ON THE FIFTEENTH AND FIFTH DAYS
NEXT PRECEDING THE DATE ON WHICH SUCH ELECTION IS HELD, AND ALSO BY THE
31ST DAY OF JANUARY OF EACH YEAR. IN ADDITION SUCH REPORTS SHALL BE
FILED ON THE 31ST DAY OF JULY OF EACH YEAR IN WHICH THERE IS NO SUCH
ELECTION. SUCH REPORTS SHALL BE COMPLETE AS OF SUCH DATE AS THE
DIRECTOR MAY PRESCRIBE, WHICH SHALL NOT BE MORE THAN FIVE DAYS BEFORE
THE DATE OF FILING, EXCEPT THAT ANY CONTRIBUTION OF $200 OR MORE
RECEIVED AFTER THE CLOSING DATE PRESCRIBED BY THE DIRECTOR FOR THE LAST
REPORT REQUIRED TO BE FILED PRIOR TO THE ELECTION SHALL BE REPORTED
WITHIN TWENTY-FOUR HOURS AFTER ITS RECEIPT.
(B) EACH REPORT UNDER THIS SECTION SHALL DISCLOSE---
(1) THE AMOUNT OF CASH ON HAND AT THE BEGINNING OF THE
REPORTING PERIOD;
(2) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EACH PERSON WHO
HAS MADE ONE OR MORE CONTRIBUTIONS TO OR FOR SUCH COMMITTEE OR
CANDIDATE (INCLUDING THE PURCHASE OF TICKETS FOR EVENTS SUCH AS
DINNERS, LUNCHEONS, RALLIES, AND SIMILAR FUNDRAISING EVENTS)
WITHIN THE CALENDAR YEAR IN AN AGGREGATE AMOUNT OR VALUE IN EXCESS
OF $50 OR MORE, TOGETHER WITH THE AMOUNT AND DATE OF SUCH
CONTRIBUTIONS;
(3) THE TOTAL SUM OF INDIVIDUAL CONTRIBUTIONS MADE TO OR FOR
SUCH COMMITTEE OR CANDIDATE DURING THE REPORTING PERIOD AND NOT
REPORTED UNDER PARAGRAPH (2);
(4) THE NAME AND ADDRESS OF EACH POLITICAL COMMITTEE OR
CANDIDATE FROM WHICH THE REPORTING COMMITTEE OR THE CANDIDATE
RECEIVED, OR TO WHICH THAT COMMITTEE OR CANDIDATE MADE, ANY
TRANSFER OF FUNDS, TOGETHER WITH THE AMOUNTS AND DATES OF ALL
TRANSFERS;
(5) EACH LOAN TO OR FROM ANY PERSON WITHIN THE CALENDAR YEAR IN
AN AGGREGRATE AMOUNT OR VALUES OF $50 OR MORE, TOGETHER WITH THE
FULL NAMES AND MAILING ADDRESSES (INCLUDING THE OCCUPATION AND THE
PRINCIPAL PLACE OF BUSINESS, IF ANY) OF THE LENDER AND ENDORSERS,
IF ANY, AND THE DATE AND AMOUNT OF SUCH LOANS;
(6) THE NET AMOUNT OF PROCEEDS FROM (A) THE SALE OF TICKETS TO
EACH DINNER, LUNCHEON, RALLY, AND OTHER FUNDRAISING EVENTS
ORGANIZED BY SUCH COMMITTEE; (B) MASS COLLECTIONS MADE AT SUCH
EVENTS; AND (C) SALES BY SUCH COMMITTEE OF ITEMS SUCH AS
POLITICAL CAMPAIGN PINS, BUTTONS, BADGES, FLAGS, EMBLEMS, HATS,
BANNERS, LITERATURE, AND SIMILAR MATERIALS;
(7) EACH CONTRIBUTION, REBATE, REFUND, OR OTHER RECEIPT OF $50
OR MORE NOT OTHERWISE LISTED UNDER PARAGRAPHS (2) THROUGH (6);
(8) THE TOTAL SUM OF ALL RECEIPTS BY OR FOR SUCH COMMITTEE OR
CANDIDATE DURING THE REPORTING PERIOD;
(9) THE FULL NAME AND MAILING ADDRESS (INCLUDING THE OCCUPATION
AND THE PRINCIPAL PLACE OF BUSINESS, IF ANY) OF EACH PERSONP TO
WHOM EXPENDITURES HAVE BEEN MADE BY SUCH COMMITTEE OR ON BEHALF OF
SUCH COMMITTEE OR CANDIDATE WITHIN THE CALENDAR YEAR IN AN
AGGREGATE AMOUNT OR VALUE OF $10 OR MORE, THE AMOUNT, DATE, AND
PURPOSE OF EACH SUCH EXPENDITURE AND THE NAME AND ADDRESS OF, AND
OFFICE SOUGHT BY, EACH CANDIDATE ON WHOSE BEHALF SUCH EXPENDITURE
WAS MADE;
(10) THE TOTAL SUM OF EXPENDITURES MADE BY SUCH COMMITTEE OR
CANDIDATE DURING THE CALENDAR YEAR;
(11) THE AMOUNT AND NATURE OF DEBTS AND OBLIGATIONS OWED BY OR
TO THE COMMITTEE, IN SUCH FORM AS THE DIRECTOR MAY PRESCRIBE AND A
CONTINUOUS REPORTING OF ITS DEBTS AND OBLIGATIONS AFTER THE
ELECTION AT SUCH PERIODS AS THE DIRECTOR MAY REQUIRE UNTIL SUCH
DEBTS AND OBLIGATIONS ARE EXTINGUISHED; AND
(12) SUCH OTHER INFORMATION AS MAY BE REQUIRED BY THE DIRECTOR.
(C) THE REPORTS TO BE FILED UNDER SUBSECTION (A) SHALL BE CUMULATIVE
DURING THE CALENDAR YEAR TO WHICH THEY RELATE, BUT WHERE THERE HAS BEEN
NO CHANGE IN AN ITME REPORTED IN A PREVIOUS REPORT DURING SUCH YEAR,
ONLY THE UNCHANGED AMOUNT NEED BE CARRIED FORWARD. IT NO CONTRIBUTIONS
OR EXPENDITURES HAVE BEEN ACCEPTED OR EXPENDED DURING A CALENDAR YEAR,
THE TREASURER OF THE POLITICAL COMMITTEE OR CANDIDATE SHALL FILE A
STATEMENT TO THAT EFFECT.
(D) EACH TREASURER OF A POLITICAL COMMITTEE, EACH CANDIDATE FOR
ELECTION TO OFFICE, AND EACH TREASURER APPOINTED BY A CANDIDATE, SHALL
FILE WITH THE DIRECOTR WEEKLY REPORTS OF SUCH CONTRIBUTIONS ON FORMS TO
BE PRESCRIBED OR APPROVED BY THE DIRECTOR.
SEC. 207. //D.C. CODE 1 - 1137.// EVERY PERSON (OTHER THAN A
POLITICAL COMMITTEE OR CANDIDATE) WHO MAKES CONTRIBUTIONS OR
EXCPENDITURES, OTHER THAN BY CONTRIBUTION TO A POLITICAL COMMITTEE OR
CANDIDATE, IN AN AGGREGATE AMOUNT OF $50 OR MORE WITHIN A CALENDAR YEAR
SHALL FILE WITH THE DIRECTOR A STATEMENT CONTAINING THE INFORMATION
REQUIRED BY SECTION 206. STATEMENTS REQUIRED BY THIS SECTION SHALL BE
FILED ON THE DATES ON WHICH REPORTS BY POLITICAL COMMITTEES ARE FILED,
BUT NEED NOT BE CUMULATIVE.
SEC. 208. //D.C. CODE 1 - 1138.// (A) A REPORT OR STATEMENT REQUIRED
BY THIS TITLE TO BE FILED BY A TREASURER OF A POLITICAL COMMITTEE, A
CANDIDATE, OR BY ANY OTHER PERSON, SHALL BE VERIFIED BY THE OATH OR
AFFIRMATION OF THE PERSON FILING SUCH REPORT OR STATEMENT, TAKEN BEFORE
ANY OFFICER AUTHORIZED TO ADMINISTER OATHS.
(B) A COPY OF REPORT OR STATEMENT SHALL BE PRESERVED BY THE PERSON
FILING IT FOR A PERIOD TO BE DESIGNATED BY THE BOARD IN A PUBLISHED
REGULATION.
(C) THE BOARD, SHALL, BY PUBLISHED REGULATIONS OF GENERAL
APPLICABILITY, PRESCRIBE THE MANNER IN WHICH CONTRIBUTIONS AND
EXPENDITURES IN THE NATURE OF DEBTS AND OTHER CONTRACTS, AGREEMENTS, AND
PROMISES TO MAKE CONTRIBUTIONS OR EXPENDITURES SHALL BE REPORTED. SUCH
REGULATIONS SHALL PROVIDE THAT THEY BE REPORTED IN SEPARATE SCHEDULES.
IN DETERMINING AGGREGATE AMOUNTS OF CONTRIBUTIONS AND EXPENDITURES,
AMOUNTS REPORTED AS PROVIDED IN SUCH REGULATIONS SHALL NOT BE CONSIDERED
UNTIL ACTUAL PAYMENTS IS MADE.
SEC. 209. //D.C. CODE 1 - 1139.// EXCEPT FOR THE PROVISIONS OF
SUBSECTIONS (C) AND (D) OF SECTION 201, AND SUBSECTION (A) OF SECTION
205, THE PROVISIONS OF THIS TITLE SHALL NOT APPLY TO ANY CANDIDATE WHO
ANTICIPATES SPENDING OR SPENDS LESS THAN $250 IN ANY ONE ELECTION AND
WHO HAS NOT DESIGNATED A PRINCIPAL CAMPAIGN COMMITTEE. ON THE FIFTEENTH
DAY PRIOR TO THE DATE OF THE ELECTION IN WHICH SUCH CANDIDATE IS
ENTERED, AND ON THE THIRTIETH DAY AFTER THE DATE OF SUCH ELECTION, SUCH
CANDIDATE SHALL CERTIFY TO THE DIRECTOR THAT HE HAS NOT SPENT MORE THAN
$250 IN SUCH ELECTION.
SEC. 210. //D.C. CODE 1 - 1140.// ALL NEWSPAPER OR MAGAZINE
ADVERTISING, POSTERS, CIRCULARS, BILLBOARDS, HANDBILLS, BUMPER STICKERS,
SAMPLE BALLOTS, AND OTHER PRINTED MATTER WITH REFERENCE TO OR INTENDED
FOR THE SUPPORT OR DEFEAT OF A CANDIDATE OR GROUP OF CANDIDATES FOR
NOMINATION OR ELECTION TO ANY PUBLIC OFFICE SHALL BE IDENTIFIED BY THE
WORDS "PAID FOR BY" FOLLOWED BY THE NAME AND ADDRESS OF THE PAYER OF THE
COMMITTEE OR OTHER PERSON AND ITS TREASURER ON WHOSE BEHALF THE MATERIAL
APPEARS.
SEC. 211. //D.C. CODE 1 - 1141.// NOTHING IN THIS TITLE SHALL BE
CONSTRUED AS CREATING OR LIMITING IN ANY WAY THE LIABILITY OF ANY PERSON
UNDER EXISTING LAW FOR ANY FINANCIAL OBLIGATION INCURRED BY A POLITICAL
COMMITTEE OR CANDIDATE.
SEC. 301. //D.C. CODE 1 - 1151.// (A) THERE IS ESTABLISHED WITHIN
THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS THE OFFICE OF
DIRECTOR OF CAMPAIGN FIANCE (HEREINAFTER IN THIS ACT REFERRED TO AS THE
"DIRECTOR"). THE COMMISSIONER OF THE DISTRICT OF COLUMBIA SHALL
APPOINT, BY AND WITH THE ADVISE AND CONSENT OF THE SENATE, THE DIRECTOR,
EXCEPT THAT AN AND AFTER JANUARY 2, 1975, ANY VACANCY IN THE OFFICE OF
DIRECTOR SHALL BE FILLED BY APPOINTMENT BY THE MAYOR, WITH THE ADVICE
AND CONSENT OF THE COUNCIL. SUCH APPOINTMENTS SHALL BE MADE WITHOUT
REGARD TO THE PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE, //80
STAT. 378, 5 USC 101 ET SEQ.// GOVERNING APPOINTMENTS IN THE COMPETITIVE
SERVICE. THE DIRECTOR SHALL BE ENTITLED TO RECEIVE COMPENSATION AT THE
MAXIMUM RATE AS MAY BE ESTABLISHED FROM TIME TO TIME FOR GRADE 16 OF THE
GENERAL SCHEDULE IN SECTION 5332 OF TITLE 5 OF THE UNITED STATES CODE,
//5 USC 5332 NOTE.// AND SHALL BE RESPONSIBLE FOR THE ADMINISTRATIVE
OPERATIONS OF THE BOARD PERTAINING TO THIS ACT AND SHALL PERFORM SUCH
OTHER DUTIES AS MAY BE DELEGATED OR ASSIGNED TO HIM FROM TIME TO TIME BY
REGULATIONS OR ORDERS OF THE BOARD. HOWEVER, THE BOARD SHALL NOT
DELEGATE TO THE DIRECTOR THE MAKING OF REGULATIONS REGARDING ELECTIONS.
(B) THE BOARD MAY APPOINT A GENERAL COUNSEL WITHOUT REGARD TO THE
PROVISIONS OF TITLE 5 OF THE UNITED STATES CODE, //80 STAT. 378, 5 USC
101 ET SEQ.// GOVERNING APPOINTMENTS IN THE COMPETITIVE SERVICE, TO
SERVE AT THE PLEASURE OF THE BOARD. THE GENERAL COUNSEL SHALL BE
ENTITLED TO RECEIVE COMPENSATION AT THE SAME RATE AS THE DIRECTOR OF THE
BOARD AND SHALL BE RESPONSIBLE SOLELY TO THE BOARD. THE GENERAL COUNSEL
SHALL PERFORM SUCH DUTIES AS MAY BE DELEGATED OR ASSIGNED TO HIM FROM
TIME TO TIME BY REGULATION OR ORDER OF THE BOARD.
(C) IN ANY APPROPRIATE CASE WHERE THE BOARD UPON ITS OWN MOTION OR
UPON RECOMMENDATION OF THE DIRECTOR MAKES A FINDING OF AN APPARENT
VIOLATION OF THIS ACT, IT SHALL REFER SUCH CASE TO THE UNITED STATES
ATTORNEY FOR THE DISTRICT OF COLUMBIA FOR PROSECUTION, AND SHALL MAKE
PUBLIC THE FACT OF SUCH REFERRAL AND THE BASIS FOR SUCH FINDING. IN
ADDITION, THE BOARD, THROUGH ITS GENERAL COUNSEL, SHALL INITIATE,
MAINTAIN, DEFEND, OR APPEAL ANY CIVIL ACTION (IN THE NAME OF THE BOARD)
RELATING TO THE ENFORCEMENT OF THE PROVISIONS OF THIS ACT. THE BOARD
MAY, THROUGH ITS GENERAL COUNSEL, PETITION THE COURTS OF THE DISTRICT OF
COLUMBIA FOR DECLARATORY OR INJUNCTIVE RELIEF CONCERNING ANY ACTION
COVERED BY THE PROVISIONS OF THIS ACT.
SEC. 302. //D.C. CODE 1 - 1152.// THE DIRECTOR, UNDER REGULATIONS OF
GENERAL APPLICABILITY APPROVED BY THE BOARD, SHALL HAVE THE POWER---
(1) TO REQUIRE ANY PERSON TO SUBMIT IN WRITING SUCH REPORTS AND
ANSWERS TO QUESTIONS AS THE DIRECTOR MAY PRESCRIBE RELATING TO THE
ADMINISTRATION AND ENFORCEMENT OF THIS ACT; AND SUCH SUBMISSION
SHALL BE MADE WITHIN SUCH REASONABLE PERIOD AND UNDER OATH OR
OTHERWISE AS THE DIRECTOR MAY DETERMINE;
(2) TO ADMINISTER OATHS;
(3) TO REQUIRE BY SUBPENA THE ATTENDANCE AND TESTIMONY OF
WITNESSES AND THE PRODUCTION OF ALL DOCUMENTARY EVIDENCE RELATING
TO THE EXECUTION OF ITS DUTIES;
(4) IN ANY PROCEEDING OR INVESTIGATION TO ORDER TESTIMONY TO BE
TAKEN BY DEPOSITION BEFORE ANY PESON WHO IS DESIGNATED BY THE
DIRECTOR AND HAS THE POWER TO ADMINISTER OATHS AND, IN SUCH
INSTANCES, TO COMPEL TESTIMONY AND THE PRODUCTION OF EVIDENCE IN
THE SAME MANNER AS AUTHORIZED UNDER PARAGRAPH (3) OF THIS
SUBSECTION;
(5) TO PAY WITNESSES THE SAME FEES AND MILEAGE AS ARE PAID IN
LIKE CIRCUMSTANCES IN THE SUPERIOR COURT OF THE DISTRICT OF
COLUMIBA; AND
(6) TO ACCEPT GIFTS AND VOLUNTARY AND UNCOMPENSATED
SERVICES.
SUBPENAS ISSUED UNDER THIS SECTION SHALL BE ISSUED BY THE DIRECTOR UPON
THE APPROVAL OF THE BOARD.
(B) THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA MAY, UPON PETITION
BY THE BOARD, IN CASE OF REFUSAL TO OBEY A SUBPENA OR ODER OF THE BOARD
ISSUED UNDER SUBSECTION (A) OF THIS SECTION, ISSUE AN ORDER REQUIRING
COMPLIANCE THEREWITH; AND ANY FAILURE TO OBEY THE ORDER OF THE COURT
MAY BE PUNISHED BY THE COURT AS A CONTEMPT THEREOF.
SEC. 303. //D.C. CODE 1 - 1153.// THE DIRECTOR SHALL---,
(1) DEVELOP AND FURNISH (UPON REQUEST) PRESCRIBED FORMS FOR THE
MAKING OF THE REPORTS AND STATEMENTS REQUIRED TO BE FILED WITH HIM
UNDER THIS ACT;
(2) DEVELOP A FILING, CODING, AND CROSS-INDEXING SYSTEM
CONSONANT WITH THE PURPOSE OF THIS ACT;
(3) MAKE THE REPORTS AND STATEMENTS FILED WITH HIM AVAILABLE
FOR PUBLIC INSPECTION AND COPYING, COMMENCING AS SOON AS
PRACTICABLE BUT NOT LATER THAN THE END OF THE SECOND DAY FOLLOWING
THE DAY DURING WHICH IT WAS RECEIVED, AND TO PERMIT AND FACILITATE
COPYING OF ANY SUCH REPORT OR STATEMENT BY HAND AND BY DUPLICATING
MACHINE, AS REQUESTED BY ANY PERSON, AT REASONABLE COST TO SUCH
PERSON, EXCEPT ANY INFORMATION COPIED FROM SUCH REPORTS AND
STATEMENTS SHALL NOT BE SOLD OR UTLIZED BY ANY PERSON FOR THE
PURPOSE OF SOLICITING CONTRIBUTIONS OR FOR ANY COMMERCIAL PURPOSE;
(4) PRESERVE SUCH REPORTS AND STATEMNTS FOR A PERIOD OF TEN
YEARS FROM DATE OF RECEIPT;
(5) COMPILE AND MAINTAIN A CURRENT LIST OF ALL STATEMENTS OR
PARTS OF STATEMENTS ON FILE PERTAINING TO EACH CANDIDATE;
(6) PREPARE AND PUBLISH SUCH OTHER REPORTS AS HE MAY DEEM
APPROPRIATE;
(7) ASSURE DISSEMINATION OF STATISTICS, SUMMARIES, AND REPORTS
PREPARED UNDER THIS TITLE;
(8) MAKE FROM TIME TO TIME ADUITS AND FIELD INVESTIGATIONS WITH
RESPECT TO REPORTS AND STATEMENTS FILED UNDER THE PROVISIONS OF
THIS TITLE, AND WITH RESPECT TO ALLEGED FAILURES TO FILE ANY
REPORTS OR STATEMENT REQUIRED UNDER THE PROVISIONS OF THIS TITLE;
AND
(9) PERFORM SUCH OTHER DUTIES AS THE BOARD MAY REQUIRE.
SEC. 304. //D.C. CODE 1 - 1155.// (A) EFFECTIVE JANUARY 2, 1975,
THERE IS ESTABLISHED WITHIN THE GOVERNMENT OF THE DISTRICT OF COLUMBIA A
COMMITTEE TO BE KNOWN AS THE "DISTRICT OF COLUMBIA BOARD OF ELECTIONS
AND ETHICS NOMINATING COMMITTEE" (HEREINAFTER IN THIS ACT REFERRED TO AS
THE "COMMITTEE"). THE COMMITTEE SHALL HAVE THE FUNCTION OF NOMINATING
INDIVIDUALS FOR APPOINTMENTS AS MEMBERS OF THE DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS FOR ANY AND ALL VACANCIES OCCURRING ON
SUCH BOARD ON OR AFTER THE DATE ON WHICH A MAJORITY OF THE MEMBERS FIRST
APPOINTED PURSUANT TO THIS SECTION HOLD THEIR FIRST MEETING AS MEMBERS
OF THE COMMITTEE. SUCH NOMINATIONS SHALL BE MADE BY THE COMMITTEE IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE COMMITTEE SHALL
CONSIST OF FIVE MEMBERS. WITHIN TEN DAYS FOLLOWING THE DATE ON WHICH A
MAJORITY OF THE MEMBERS ARE FIRST APPOINTED PURSUANT TO THIS SECTION,
SUCH MEMBERS SO APPOINTED SHALL HOLD THEIR FIRST MEETING AS MEMBERS OF
THE COMMITTEE.
(B) (1) TWO MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE MAYOR,
AT LEAST ONE OF WHOM SHALL BE A LAWYER.
(2) THREE MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE CHAIRMAN
OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, WITH THE APPROVAL OF THE
COUNCIL.
(C) MEMBERS OF THE COMMITTEE SHALL SERVE FOR TERMS OF FIVE YEARS,
EXCEPT THAT OF THE MEMBERS FIRST APPOINTED PURSUANT TO SUBSECTION (B)
(1), ONE SHALL SERVE FOR ONE YAR AND ONE FOR FIVE YEARS, AS DESIGNATED
AT THE TIME OF APPOINTMENT, AND MEMBERS APPOINTED PURSUANT TO SUBSECTION
(B) (2), ONE SHALL SERVE FOR TWO YEARS, ONE FOR THREE YEARS, AND ONE FOR
FOUR YEARS, AS DESIGNATED AT THE TIME OF APPOINTMENT.
(D) (1) NO INDIVIDUAL MAY BE APPOINTED AS A MEMBER OF THE COMMITTEE
UNLESS HE OR SHE---
(A) IS A CITIZEN OF THE UNITED STATES, AND
(B) IS A RESIDENT OF THE DISTRICT OF COLUMBIA AND HAS
MAINTAINED HIS OR HER DOMICILE WITHIN THE DISTRICT FOR AT LEAST
ONE YEAR IMMEDIATELY PRECEDING THE DATE OF HIS OR HER APPOINTMENT,
AND
(C) IS NOT A MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMBIA
OR AN OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE DISTRICT OF
COLUMBIA (INCLUDING THE JUDICIAL BRANCH).
(2) ANY VACANCY IN THE MEMBERSHIP OF THE COMMITTEE SHALL BE FILLED IN
THE SAME MANNER IN WHICH THE ORIGINAL APPOINTMENT WAS MADE. ANY
INDIVIDUAL APPOINTED TO FILL A VACANCY, OCCURRING OTHER THAN UPON THE
EXPIRATION OF A TERM, SHALL SERVE ONLY FOR THE REMAINDER OF THE TERM OF
SUCH INDIVIDUAL'S PREDECESSOR.
(E) MEMBERS OF THE COMMITTEE SHALL BE PAID FOR EACH DAY SPENT
PERFORMING THEIR DUTIES AS MEMBERS OF THE COMMITTEE AT A RATE WHICH IS
EQUAL TO THE DAILY EQUIVALENT OF THE RATE PROVIDED BY STEP 1 OF GRADE 17
OF THE GENERAL SCHEDULE UNDER SECTION 5332 OF TITLE 5, UNITED STATES
CODE. //5 USC 5332 NOTE.//
(F) (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (A) OF THIS
SECTION, THE COMMITTEE SHALL ACT ONLY AT MEETINGS CALLED BY THE CHAIRMAN
OR A MAJORITY OF THE MEMBERS THEREOF AND ONLY AFTER NOTICE HAS BEEN
GIVEN OF SUCH MEETING TO ALL MEMBERS OF THE COMMITTEE.
(2) THE COMMITTEE SHALL CHOOSE ANNUALLY FORM AMONG ITS MEMBERS A
CHAIRMAN AND SUCH OTHER OFFICERS AS IT DEEMS NECESSARY. THE COMMITTEE
MAY ADOPT SUCH RULES OF PROCEDURE AS MAY BE NECESSARY TO GOVERN THE
BUSINESS OF THE COMMITTEE.
(3) EACH AGENCY OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL
FURNISH TO THE COMMITTEE, UPON REQUEST, SUCH RECORDS, INFORMATION,
SERVICES, AND SUCH OTHER ASSISTANCE AND FACILITIES AS MAY BE NECESSARY
TO ENABLE THE COMMITTEE TO PERFORM ITS FUNCTION PROPERLY. ANY
INFORMATION FURNISHED TO THE COMMITTEE DESIGNATED "CONFIDENTIAL" BY THE
PERSON FURNISHING IT TO THE COMMITTEE SHALL BE TREATED BY THE COMMITTEE
AS PRIVILEGED AND CONFIDENTIAL.
(G) (1) IN THE EVENT OF ANY SUCH VACANCY IN THE DISTRICT OF COLUMBIA
BOARD OF ELECTIONS AND ETHICS, THE COMMITTEE SHALL, WITHIN THIRTY DAYS
AFTER SUCH VACANCY OCCURS, SUBMIT A LIST OF THREE PERSONS AS NOMINEES
FOR APPOINTMENT BY THE MAYOR TO FILL THE VACANCY. IF MORE THAN ONE SUCH
VACANCY EXITS AT THE SAME TIME, THE COMMITTEE SHALL SUBMIT A SEPARATE
LIST OF NOMINEES FOR APPOINTMENT TO FILL EACH SUCH VACANCY, AND NO
INDIVIDUAL'S NAME SHALL APPEAR ON MORE THAN ONE SUCH LIST. IN FILLING
SUCH VACANCY, THE MAYOR MAY APPOINT MORE THAN ONE INDIVIDUAL FROM ANY
LIST CURRENTLY BEFORE THE MAYOR. IN ANY CASE IN WHICH, AFTER THE
EXPIRATION OF THE THIRTY-DAY PERIOD FOLLOWING THE DATE ON WHICH A
MAJORITY OF THE MEMBERS OF THE COMMITTEE FIRST MEEET AS PROVIDED IN
SUBSECTION (A), A VACANCY IS SCHEDULED TO OCCUR, BY REASON OF THE
EXPIRATION OF A TERM OFFICE, THE COMMITTEE'S LIST OF NOMINEES FOR
APPOINTMENT TO FILL THAT VACANCY SHALL BE SUBMITTED TO THE MAYOR NOT
LESS THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THAT TERM.
(2) IF THE MAYOR FAILS TO SUBMIT FOR COUNCIL APPROVAL THE NAME OF ONE
OF THE INDIVIDUALS ON A LIST SUBMITTED TO THE MAYOR UNDER THIS SECTION
WITHIN THIRTY DAYS AFTER RECEIVING SUCH LIST, THE COMMITTEE SHALL
APPOINT, WITH THE APPROVAL OF THE COUNCIL, AN INDIVIDUAL NAMED ON THE
LIST TO FILL THE VACANCY FOR WHICH SUCH LIST OF NOMINEES WAS PREPARED.
(3) ANY INDIVIDUAL WHOSE NAME IS SUBMITTED BY THE COMMITTEE AS A
NOMINEE FOR APPOINTMENT TO THE DISTRICT OF COLUMBIA BOARD OF ELECTIONS
AND ETHICS MAY REQUEST THAT THE NOMINATION OF SUCH INDIVIDUAL BE
WITHDRAWN. IF ANY SUCH INDIVIDUAL REQUESTS THAT HIS OR HER NOMINATION
BE WITHDRAWN, DIES, OR BECOMES DISQUALIFIED TO SERVE AS A MEMBER OF THE
BOARD, THE COMMITTEE SHALL PROMPTLY NOMINATE ON THE LIST SUBMITTED TO
THE MAYOR.
(H) MEMBERS OF THE COMMITTEE SHALL BE APPOINTED AS SOON AS
PRACTICABLE, BUT IN NO EVENT LATER THAN JUNE 30, 1975.
SEC. 306. //D.C. CODE 1 - 1156.// (A) ON AND AFTER THE DATE OF THE
ENACTMENT OF THIS ACT, THE BOARD OF ELECTIONS OF THIS DISTRICT OF
COLUMIBA ESTABLISHED UNDER THE DISTRICT OF COLUMBIA ELECTION ACT (D.C.
CODE, SEC. 1 - 1101 ET SEQ.), //69 STAT. 699; 87 STAT. 832.// SHALL BE
KNOWN AS THE "DISTRICT OF COLUMIBA BOARD OF ELECTIONS AND ETHICS" AND
SHALL HAVE THE POWERS, DUTIES, AND FUNCTIONS AS PROVIDED IN SUCH ACT, IN
ANY OTHER LAW IN EFFECT ON THE DATE IMMEDIATELY PRECEDING THE DATE OF
THE ENACTMENT OF THIS ACT, AND IN THIS ACT. ANY REFERENCE IN ANY LAW OR
REGULATION TO THE BOARD OF ELECTIONS FOR THE DISTRICT OF COLUMBIA OR THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS SHALL, ON AND AFTER THE DATE OF
THE ENACTMENT OF THIS ACT, BE HELD AND CONSIDERED TO REFER TO THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS.
(B) (1) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS ACT OR OF THE
DISTRICT OF COLUMBIA ELECTION ACT MAY BE ASSESSED A CIVIL PENALTY BY THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS UNDER PARAGRAPH (2)
OF THIS SUBSECTION OF NOT MORE THAN $50 FOR EACH SUCH VIOLATION. EACH
OCCURRENCE OF A VIOLATION OF THIS ACT AND EACH DAY OF NONCOMPLIANCE WITH
A DISCLOSURE REQUIREMENT OF THIS ACT OR AN ORDER OF THE BOARD SHALL
CONSTITUTE A SEPARATE OFFENSE.
(2) A CIVIL PENALTY SHALL BE ASSESSED BY THE BOARD BY ORDER ONLY
AFTER THE PERSON CHARGED WITH A VIOLATION HAS BEEN GIVEN AN OPPORTUNITY
FOR A HEARING, AND THE BOARD HAS DETERMINED, BY DECISION INCORPORATING
ITS FINDINGS OF FACTS THEREIN, THAT A VIOLATION DID OCCUR, AND THE
AMOUNT OF THE PENALTY. ANY HEARING UNDER THIS SECTION SHALL BE OF
RECORD AND SHALL BE HELD IN ACCORDANCE WITH CHAPTER 5 OF TITLE 5, UNITED
STATES CODE. //80 STAT. 380; 81 STAT. 195, 5 USC 500.//
(3) IF THE PERSON AGAINST WHOM A CIVIL PENALTY IS ASSESSED FAILS TO
PAY THE PENALTY, THE BOARD SHALL FILE A PETITION FOR ENFORCEMENT OF ITS
ORDER ASSESSING THE PENALTY IN THE SUPERIOR COURT OF THE DISTRICT OF
COLUMBIA. THE PETITION SHALL DESIGNATE THE PERSON AGAINST WHOM THE
ORDER IS SOUGHT TO BE ENFORCED AS THE RESPONDENT. A COPY OF THE
PETITION SHALL BE FORTHWITH SENT BY REGISTERED OR CERTIFIED MAIL TO THE
RESPONDENT AND HIS ATTORNEY OF RECORD, AND IF THE RESPONDENT IS A
POLITICAL COMMITTEE, TO THE CHAIRMAN THEREOF, AND THEREUPON THE BOARD
SHALL CERTIFY AND FILE IN SUCH COURT THE RECORD UPON WHICH SUCH ORDER
SOUGHT TO BE ENFORCED WAS ISSUED. THE COURT SHALL HAVE JURISIDICTION TO
ENTER A JUDGMENT ENFORCING, MODIFYING, AND ENFORCING AS SO MODIFIED, OR
SETTING ASIDE IN WHOLE OR IN PART THE ORDER AND THE DECISION OF THE
BOARD OR IT MAY REMAND THE PROCEEDINGS TO THE BOARD FOR SUCH FURTHER
ACTION AS IT MAY DIRECT. THE COURT MAY DETERMINE DE NOVO ALL ISSUES OF
LAW BUT THE BOARD'S FINDINGS OF FACT, IF SUPPORTED BY SUBSTANTIAL
EVIDENCE, SHALL BE CONCLUSIVE.
(C) UPON APPLICATION MADE BY ANY INDIVIDUAL HOLDING PUBLIC OFFICE,
ANY CANDIDATE, OR ANY POLITICAL COMMITTEE, THE BOARD, THROUGH ITS
GENERAL COUNSEL, SHALL PROVIDE WITHIN A REASONABLE PERIOD OF TIME AN
ADVISORY OPINION, WITH RESPECT TO ANY SPECIFIC TRANSACTION OR ACTIVITY
INQUIRED OF, AS TO WHETHER SUCH TRANSACTION OR ACTIVITY WOULD CONSTITUTE
A VIOLATION OF ANY PROVISION OF THIS ACT OR ANY PROVISION OF THE
DISTRICT OF COLUMBIA ELECTION ACT OVER WHICH THE BOARD HAS PRIMARY
JURISDICTION.
SEC. 401. //D.C. CODE 1 - 1161.// (A) NO INDIVIDUAL SHALL MAKE ANY
CONTRIBUTION WHICH, AND NO PERSON SHALL RECEIVE ANY CONTRIBUTION FROM
ANY INDIVIDUAL WHICH WHEN AGGREGATED WITH ALL OTHER CONTRIBUTIONS
RECEIVED FROM THAT INDIVIDUAL, RELATING TO A CAMPAIGN FOR NOMINATION AS
A CANDIDATE FOR ELECTION TO PUBLIC OFFICE, INCLUDING BOTH THE PRIMARY
AND GENERAL OR SPECIAL ELECTIONS, EXCEEDS---
(1) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MAYOR, $1,000;
(2) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
CHAIRMAN OF THE COUNCIL, $750;
(3) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE COUNCIL ELECTED AT LARGE, $500;
(4) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED AT LARGE OR FOR MEMBER OF
THE COUNCIL ELECTED FROM A WARD, $200, AND IN THE CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $200;
(5) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED FROM A WARD OR FOR
OFFICIAL OF A POLITICAL PARTY, $100, AND IN CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $100; AND
(6) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
A MEMBER OF AN ADVISORY NEIGHBORHOOD COUNCIL, $25.
(B) NO PERSON (OTHER THAN AN INDIVIDUAL WITH RESPECT TO WHOM
SUBSECTION (A) APPLIES) SHALL MAKE ANY CONTRIBUTION WHICH, AND NO PERSON
SHALL RECEIVE ANY CONTRIBUTION FROM ANY PERSON (OTHER THAN SUCH AN
INDIVIDUAL) WHICH WHEN AGGREGATED WITH ALL OTHER CONTRIBUTIONS RECEIVED
FROM THAT PERSON, RELATING TO A CAMPAIGN FOR NOMINATION AS A CANDIDATE
OR ELECTION TO PUBLIC OFFICE, INCLUDING BOTH THE PRIMARY AND GENERAL OR
SPECIAL ELECTIONS, EXCEEDS---
(1) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MAYOR, $2,000;
(2) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
CHAIRMAN OF THE COUNCIL, $1,500;
(3) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE COUNCIL ELECTED AT LARGE, $1,000;
(4) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED AT LARGE OR FOR MEMBER OF
THE COUNCIL ELECTED FROM A WARD $400, AND IN THE CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $400;
(5) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
MEMBER OF THE BOARD OF EDUCATION ELECTED FROM A WARD OR FOR
OFFICIAL OF A POLITICAL PARTY, $200, AND IN THE CASE OF A RUNOFF
ELECTION, AN ADDITIONAL $200; AND
(6) IN THE CASE OF A CONTRIBUTION IN SUPPORT OF A CANDIDATE FOR
A MEMBER OF AN ADVISORY NEIGHBORHOOD COUNCIL, $25.
FOR THE PURPOSES OF THIS SUBSECTION, THE TERM "PERSON" SHALL INCLUDE A
CANDIDATE MAKING CONTRIBUTIONS RELATING TO HIS CANDIDACY FOR NOMINATION
FOR ELECTION, OR ELECTION, TO OFFICE. NOWITHSTANDING THE PRECEDING
PROVISIONS OF THIS SUBSECTION, A CANDIDATE FOR MEMBER OF THE COUNCIL
ELECTED FROM A WARD MAY CONTRIBUTE $1,000 TO HIS OWN CAMPAIGN. THE
PROVISIONS OF THIS SUBSECTION TO THE EXTENT THAT SUCH PROVISIONS ARE
APPLICABLE TO CORPORATIONS AND UNIONS HSALL, TO THAT EXTENT, EXPIRE AS
OF JULY 1, 1975, UNLESS THE COUNCIL OF THE DISTRICT OF COLUMBIA ON OR
BEFORE SUCH DATE ENACTS LEGISLATION REPEALING OR MODIFYING SUCH
PROVISIONS OR EXTENDING SUCH PROVISIONS AS TO CORPORATIONS AND UNIONS ON
AND AFTER THAT DATE. IN THE EVENT THAT THE COUNCIL FAILS TO SO REPEAL,
MODIFY, OR EXTEND SUCH PROVISIONS AS TO CORPORATIONS AND LABOR UNIONS,
THE COUNCIL SHALL REPORT ITS REASONS THEREFOR TO THE COMMITTEES ON THE
DISTRICT OF COLUMBIA OF THE SENATE AND THE HOUSE OF REPRESENTATIVES
PRIOR TO AUGUST 1, 1975.
(C) NO INDIVIDUAL SHALL MAKE ANY CONTRIBUTION IN ANY ONE ELECTION
WHICH WHEN AGGREGATED WITH ALL OTHER CONTRIBUTIONS MADE BY THAT
INDIVIDUAL IN THAT ELECTION EXCEEDS $2,000.
(D) (1) ANY EXPENDITURE MADE BY ANY PERSON ADVOCATING THE ELECTION OR
DEFEAT OF ANY CANDIDATE FOR OFFICE WHICH IS NOT MADE AT THE REQUEST OR
SUGGESTION OF THE CANDIDATE, ANY AGENT OF THE CANDIDATE, OR ANY
POLITICAL COMMITTEE AUTHORIZED BY THE CANDIDATE TO MAKE EXPENDITURES OR
TO RECEIVE CONTRIBUTIONS FOR THE CANDIDATE IS NOT CONSIDERED A
CONTRIBUTION TO OR AN EXPENDITURE BY OR ON BEHALF OF THE CANDIDATE FOR
THE PURPOSES OF THE LIMITATIONS SPECIFIED IN THIS ACT.
(2) NO PERSON MAY MAKE ANY AUTHORIZED EXPENDITURE ADVOCATING THE
ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE DURING A CALENDAR
YEAR WHICH, WHEN ADDED TO ALL OTHER UNAUTHORIZED EXPENDITURES MADE BY
THAT PERSON DURING THE YEAR ADVOCATING THE ELECTION OR DEFEAT OF THAT
CANDIDATE, EXCEEDS $1,000.
(3) FOR PURPOSES OF PARAGRAPH (2)---
(A) "CLEARLY IDENTIFIED" MEANS---
(B) "PERSON" DOES NOT INCLUDE THE CENTRAL COMMITTEE OF A
POLITICAL
PARTY, AND
(C) "EXPENDITURE" DOES NOT INCLUDE ANY PAYMENT MADE OR INCURRED
BY A CORPORATION OR LABOR ORGANIZATION WHICH, UNDER THE PROVISIONS
OF SECTION 610 OF TITLE 18 OF THE UNITED STATES CODE //86 STAT.
10.// WOULD NOT CONSTITUTE AN EXPENDITURE BY THAT CORPORATION OR
LABOR ORGANIZATION.
(4) EVERY CANDIDATE SHALL FILE A STATEMENT WITH THE BOARD, IN SUCH
MANNER AND FORM AND AT SUCH TIMES AS THE BOARD MAY PRESCRIBE,
AUTHORIZING ANY PERSON OR ANY POLITICAL COMMITTEE ORGANIZED PRIMARILY TO
SUPPORT THE CANDIDACY OF SUCH CANDIDATE TO EITHER DIRECTLY OR
INDIRECTLY, RECEIVE CONTRIBUTIONS, OR MAKE EXPENDITURES IN BEHALF OF,
SUCH CANDIDATE. NO PERSON AND NO COMMITTEE ORGANIZED PRIMARILY TO
SUPPORT A SINGLE CANDIDATE MAY, EITHER DIRECTLY OR INDIRECTLY, RECEIVE
CONTRIBUTIONS OR MAKE EXPENDITURES IN BEHALF OF, SUCH CANDIDATE WITHOUT
THE WRITTEN AUTHORIZATION OF SUCH CANDIDATE AS REQUIRED BY THIS
PARAGRAPH.
(E) IN NO CASE SHALL ANY PERSON RECEIVE OR MAKE ANY CONTRIBUTION IN
LEGAL TENDER IN AN AMOUNT OF $50 OR MORE.
(F) NO PERSON SHALL MAKE A CONTRIBUTION IN THE NAME OF ANOTHER
PERSON, AND NO PERSON SHALL KNOWINGLY ACCEPT A CONTRIBUTION MADE BY ONE
PERSON IN THE NAME OF ANOTHER PERSON.
(G) FOR PURPOSES OF THE LIMITATIONS CONTAINED IN THIS SECTION ALL
CONTRIBUTIONS MADE BY ANY PERSON DIRECTLY OR INDIRECTLY TO OR FOR THE
BENEFIT OF A PARTICULAR CANDIDATE, INCLUDING CONTRIBUTIONS WHICH ARE IN
ANY WAY EARMARKED, ENCUMBERED, OR OTHERWISE DIRECTED THROUGH AN
INTERMEDIARY OR CONDUIT TO THAT CANDIDATE, SHALL BE TREATED AS
CONTRIBUTIONS FROM THAT PERSON TO THAT CANDIDATE.
(H) (1) NO CANDIDATE OR MEMBER OF THE IMMEDIATE FAMILY OF A CANDIDATE
MAY MAKE A LOAN OR ADVANCE FROM HIS PERSONAL FUNDS FOR USE IN CONNECTION
WITH A CAMPAIGN OF THAT CANDIDATE FOR NOMINATION FOR ELECTION, OR FOR
ELECTION, TO PUBLIC OFFICE UNLESS THAT LOAN OR ADVANCE IS EVIDENCED BY A
WRITTEN INSTRUMENT FULLY DISCLOSING THE TERMS, CONDITIONS, AND PARTS TO
THE LOAN OR ADVANCE. THE AMOUNT OF ANY SUCH LOAN OR ADVANCE SHALL BE
INCLUDED IN COMPUTING AND APPLYING THE LIMITATIONS CONTAINED IN THIS
SECTION ONLY TO EXTENT OF THE BALANCE OF THE LOAN OR ADVANCE WHICH IS
UNPAID AT THE TIME OF DETERMINATION.
(2) FOR PURPOSES OF THIS SUBSECTION, THE TERM "IMMEDIATE FAMILY"
MEANS THE CANDIDATE'S SPOUSE AND ANY PARENT, BROTHER, OR SISTER, OR
CHILD OF THE CANDIDATE, AND THE SPOUSE OF ANY SUCH PARENT, BROTHER,
SISTER, OR CHILD.
SEC. 402. //D.C. CODE 1 - 1162.// (A) (1) NO PRINCIPAL CAMPAIGN
COMMITTEE SHALL EXPAND ANY FUNDS WHICH WHEN AGGREGATED WITH FUNDS
EXPENDED BY IT, ALL OTHER COMMITTEES REQUIRED TO REPORT TO IT, AND BY A
CANDIDATE SUPPORTED BY SUCH COMMITTEE SHALL EXCEED (1) IN THE CASE OF A
CANDIDATE FOR MAYOR, $200,000 IN THE AGGREGATE FOR ANY PRIMARY AND
GENERAL ELECTION IN CONNECTION THEREWITH, BUT IN NO EVENT IN EXCESS OF
$120,000 FOR ONE OF SUCH ELECTIONS AND $80,000 FOR THE OTHER OF SUCH
ELECTIONS; (2) IN THE CASE OF A CANDIDATE FOR CHAIRMAN OF THE COUNCIL,
$150,000 IN THE AGGREGATE FOR ANY PRIMARY AND GENERAL ELECTION IN
CONNECTION THEREWITH, BUT IN NO EVENT IN EXCESS OF $90,000 FOR ONE OF
SUCH ELECTIONS AND $60,000 FOR THE OTHER OF SUCH ELECTIONS; (3) IN THE
CASE OF A CANDIDATE FOR MEMBER OF THE COUNCIL ELECTED AT LARGE, $100,000
IN THE AGGREGATE FOR ANY PRIMARY AND GENERAL ELECTION IN CONNECTION
THEREWITH, BUT IN NO EVENT IN EXCESS OF $60,000 FOR ONE OF SUCH
ELECTIONS AND $40,000 FOR THE OTHER OF SUCH ELECTIONS; (4) IN THE CASE
OF A CANDIDATE FOR MEMBER OF THE BOARD OF EDUCATION ELECTED AT LARGE OR
MEMBER OF THE COUNCIL ELECTED FROM A WARD, $20,000 IN THE AGGREGATE FOR
ANY PRIMARY AND GENERAL ELECTION IN CONNECTION THEREWITH, BUT IN NO
EVENT IN EXCESS OF $12,000 FOR ONE OF SUCH ELECTIONS AND $8,000 FOR THE
OTHER OF SUCH ELECTIONS; (5) IN THE CASE OF A CANDIDATE FOR MEMBER OF
THE BOARD OF EDUCATION ELECTED FROM A WARD, OR IN SUPPORT OF ANY
CANDIDATE FOR OFFICE OF A POLITICAL PARTY, $10,000 IN THE AGGREGATE FOR
ANY PRIMARY AND GENERAL ELECTION IN CONNECTION THEREWITH, BUT IN NO
EVENT IN EXCESS OF $6,000 FOR ONE OF SUCH ELECTIONS AND $4,000 FOR THE
OTHER OF SUCH ELECTIONS; AND (6) IN THE CASE OF A CANDIDATE FOR MEMBER
OF AN ADVISORY NEIGHBORHOOD COUNCIL, $500.
(2) AT THE BEGINNING OF EACH CALENDAR YEAR (COMMENCING IN 1976), AS
THERE BECOME AVAILABLE NECESSARY DATA FROM THE BUREAU OF LABOR
STATISTICS OF THE DEPARTMENT OF LABOR, THE SECRETARY OF LABOR SHALL
CERTIFY TO THE BOARD AND THE BOARD SHALL PUBLISH IN THE DISTRICT OF
COLUMBIA REGISTER THE PER CENTUM DIFFERENCE BETWEEN THE PRICE INDEX FOR
THE TWELVE MONTHS PRECEDING THE BEGINNING OF SUCH CALENDAR YEAR AND THE
PRICE INDEX FOR 1974. EACH AMOUNT DETERMINED UNDER PARAGRAPH (1) SHALL
BE CHANGED BY SUCH PER CENTUM DIFFERENCE. EACH AMOUNT SO CHANGED SHALL
BE THE AMOUNT IN EFFECT FOR SUCH CALENDAR YEAR.
(B) NO POLITICAL COMMITTEE OR CANDIDATE SHALL KNOWINGLY EXPEND ANY
FUNDS AT A TIME WHEN THE PRINCIPAL CAMPAIGN COMMITTEE TO WHICH IT SHALL
REPORT, OR WHICH HAS BEEN DESIGNATED BY HIM, IS PRECLUDED BY SUBSECTION
(A) FROM EXPENDING FUNDS OR WHICH WOULD CAUSE SUCH PRINCIPAL COMMITTEE
TO BE PRECLUDED FORM FURTHER EXPENDITURES. ANY PRINCIPAL CAMPAIGN
COMMITTEE OF A CANDIDATE HAVING REASONABLE KNOWLEDGE TO BELIEVE THAT
FURTHER EXPENDITURES BY A POLITICAL COMMITTEE REGISTERED IN SUPPORT OF
SUCH CANDIDATE, OR BY THE CANDIDATE IT SUPPORTS, WILL EXCEED THE
EXPENDITURE LIMITATIONS SPECIFIED IN SUBSECTION (A) SHALL IMMEDIATELY
NOTIFY, IN WRITING, SUCH POLITICAL COMMITTEE OR CANDIDATE OF THAT FACT.
(C) ANY EXPENDITURE MADE IN CONNECTION WITH A CAMPAIGN IN A CALENDAR
YEAR OTHER THAN THE CALENDAR YEAR IN WHICH THE ELECTION IS HELD TO WHICH
THAT CAMPAIGN RELATES IS, FOR THE PURPOSES OF THIS SECTION, CONSIDERED
TO BE MADE DURING THE CALENDAR YEAR IN WHICH THAT ELECTION IS HELD.
SEC. 501. //D.C. CODE 1 - 1171.// WHEN USED IN THIS TITLE---
(A) THE TERM "CONTRIBUTION" INCLUDES A GIFT, SUBSCRIPTION, LOAN,
ADVANCE, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE AND INCLUDES A
CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY ENFORCEABLE, TO
MAKE A CONTRIBUTION.
(B) THE TERM "EXPENDITURE" INCLUDES A PAYMENT, DISTRIBUTION, LOAN,
ADVANCE, DEPOSIT, OR GIFT OF MONEY OR ANYTHING OF VALUE, AND INCLUDES A
CONTRACT, PROMISE, OR AGREEMENT, WHETHER OR NOT LEGALLY ENFORCEABLE, TO
MAKE AN EXPENDITURE.
(C) THE TERM "LEGISLATION" MEANS BILLS, RESOLUTIONS, AMENDMENTS,
NOMINATIONS, RULES, AND OTHER MATTERS PENDING, OR PROPOSED IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA, AND INCLUDES ANY OTHER MATTER WHICH
MAY BE THE SUBJECT OF ACTION BY THE COUNCIL OF THE DISTRICT OF COLUMIBA.
RECEIPTED
BILLS
OF EXPENDITURES
SEC. 502. //D.C. CODE 1 - 1172.// (A) IT SHALL BE THE DUTY OF EVERY
PERSON WHO SHALL IN ANY MANNER SOLICIT OR RECEIVE A CONTRIBUTION TO ANY
ORGANIZATION OR FUND FOR THE PURPOSES HEREINAFTER DESIGNATED TO KEEP A
DETAILED AND EXACT ACCOUNT OF---,
(1) ALL CONTRIBUTIONS OF ANY AMOUNT OR OF ANY VALUE WHATSOEVER;
(2) THE NAME AND ADDRESS OF EVERY PERSON MAKING ANY SUCH
CONTRIBUTION OF $200 OR MORE AND THE DATE THEREOF;
(3) ALL EXPENDITURES MADE BY OR ON BEHALF OF SUCH ORGANIZATION
OR FUND; AND
(4) THE NAME AND ADDRESS OF EVERY PERSON TO WHOM ANY SUCH
EXPENDITURE IS MADE AND THE DATE THEREOF.
(B) IT SHALL BE THE DUTY OF SUCH PERSON TO OBTAIN AND KEEP A
RECEIPTED BILL, STATING THE PARTICULARS, FOR EVERY EXPENDITURE OF SUCH
FUNDS EXCEEDING $10 IN AMOUNT, AND TO PRESERVE ALL RECEIPTED BILLS AND
ACCOUNTS REQUIRED TO BE KEPT BY THIS SECTION FOR A PERIOD OF AT LEAST
TWO YEARS FROM THE DATE OF THE FILING OF THE STATEMENT CONTAINING SUCH
ITEMS.
SEC. 503. //D.C. CODE 1 - 1173.// EVERY INDIVIDUAL WHO RECEIVES A
CONTRIBUTION OF $200 OR MORE FOR ANY OF THE PURPOSES HEREINAFTER
DESIGNATED SHALL WITHIN FIVE DAYS AFTER RECEIPT THEREOF RENDER TO THE
PERSON OR ORGANIZATION FOR WHICH SUCH CONTRIBUTION WAS RECEIVED A
DETAILED ACCOUNT THEREOF, INCLUDING THE NAME AND ADDRESS OF THE PERSON
MAKING SUCH CONTRIBUTION AND THE DATE ON WHICH RECEIVED.
SEC. 504. //D.C. CODE 1 - 1174.// (A) EVERY PERSON RECEIVING ANY
CONTRIBUTIONS OR EXPENDING ANY MONEY FOR THE PURPOSES DESIGNATED IN
SUBPARAGRAPH (A) OR (B) OF SECTION 506 OF THIS TITLE SHALL FILE WITH THE
DIRECTOR BETWEEN THE FIRST AND TENTH DAY OF EACH CALENDAR QUARTER, A
STATEMENT CONTAINING COMPLETE AS OF THE DAY NEXT PRECEDING THE DATE OF
FILING---
(1) THE NAME AND ADDRESS OF EACH PERSON WHO HAS MADE A
CONTRIBUTION $200 OR MORE NOT MENTIONED IN THE PRECEDING REPORT;
EXCEPT THAT THE FIRST REPORT FILED PURSUANT TO THIS TITLE SHALL
CONTAIN THE NAME AND ADDRESS OF EACH PERSON WHO HAS MADE ANY
CONTRIBUTION OF $200 OR MORE TO SUCH PERSON SINCE JANUARY 2, 1975;
(2) THE TOTAL SUM OF THE CONTRIBUTIONS MADE TO OR FOR SUCH
PERSON DURING THE CALENDAR YEAR AND NOT STATED UNDER PARAGRAPH (1)
OF THIS SUBSECTION;
(3) THE TOTAL SUM OF ALL CONTRIBUTIONS MADE TO OR FOR SUCH
PERSON DURING THE CALENDAR YEAR;
(4) THE NAME AND ADDRESS OF EACH PERSON TO WHOM AN EXPENDITURE
IN ONE OR MORE ITEMS OF THE AGGREGATE AMOUNT OR VALUE, WITHIN THE
CALENDAR YEAR, OF $10 OR MORE HAS BEEN MADE BY OR ON BEHALF OF
SUCH PERSON, AND THE AMOUNT, DATE, AND PURPOSE OF SUCH
EXPENDITURE;
(5) THE TOTAL SUM OF ALL EXPENDITURES MADE BY OR ON BEHALF OF
SUCH PERSON DURING THE CALENDAR YEAR AND NOT STATED UNDER
PARAGRAPH (4) OF THIS SUBSECTION;
(6) THE TOTAL SUM OF EXPENDITURES MADE BY OR ON BEHALF OF SUCH
PERSON DURING THE CALENDAR YEAR.
THE STATEMENTS REQUIRED TO BE FILED BY SUBSECTION (A) OF THIS SECTION
SHALL BE CUMULATIVE DURING THE CALENDAR YEAR TO WHICH THEY RELATE, BUT
WHERE THERE HAS BEEN NO CHANGE IN AN ITEM REPORTED IN A PREVIOUS
STATEMENT ONLY THE AMOUNT NEED BE CARRIED FORWARD.
SEC. 505. //D.C. CODE 1 - 1175.// A STATEMENT REQUIRED BY THIS TITLE
TO BE FILED WITH THE DIRECTOR---,
(A) SHALL BE DEEMED PROPERLY FILED WHEN DEPOSITED IN AN
ESTABLISHED POST OFFICE WITHIN THE PRESCRIBED TIME, DULY STAMPED,
REGISTERED, AND DIRECTED TO THE DIRECTOR, WASHINGTON, DISTRICT OF
COLUMBIA, BUT IN THE EVENT IT IS NOT RECEIVED, A DUPLICATE OF SUCH
STATEMENT SHALL BE PROMPTLY FILED UPON NOTICE BY THE DIRECTOR OF
ITS NONRECEIPT;
(B) SHALL BE PRESERVED BY THE DIRECTOR FOR A PERIOD OF TWO
YEARS FROM THE DATE OF FILING, SHALL CONSTITUTE PART OF THE PUBLIC
RECORDS OF HIS OFFICE, AND SHALL BE OPEN TO PUBLIC INSPECTION.
SEC. 506. //D.C. CODE 1 - 1176.// THE PROVISIONS OF THIS TITLE SHALL
APPLY TO ANY PERSON (EXCEPT A POLITICAL COMMITTEE) WHO, BY HIMSELF, OR
THROUGH ANY AGENT OR EMPLOYEE OR OTHER PERSONS IN ANY MANNER WHATSOEVER,
DIRECTLY OR INDIRECTLY, SOLICITS, COLLECTS, OR RECEIVES MONEY OR ANY
OTHER THING OF VALUE TO BE USED PRINCIPALLY TO AID, OR THE PRINCIPAL
PURPOSE OF WHICH PERSON IS TO AID, IN THE ACCOMPLISHMENT OF ANY OF THE
FOLLOWING PURPOSES:
(A) THE PASSAGE OR DEFEAT OF ANY LEGISLATION BY THE COUNCIL OF
THE DISTRICT OF COLUMBIA.
(B) TO INFLUENCE, DIRECTLY OR INDIRECTLY, THE PASSAGE OR DEFEAT
OF ANY LEGISLATION BY THE COUNCIL OF THE DISTRICT OF COLUMBIA.
INFORMATION
SEC. 507. //D.C. CODE 1 - 1177.// (A) ANY PERSON WHO SHALL ENGAGE
HIMSELF FOR PAY OR FOR ANY CONSIDERATION FOR THE PURPOSES OF ATTEMPTING
TO INFLUENCE THE PASSAGE OR DEFEAT OF ANY LEGISLATION BY THE COUNCIL OF
THE DISTRICT OF COLUMIBA SHALL, BEFORE DOING ANYTHING IN FURTHERANCE OF
SUCH OBJECT, REGISTER WITH THE DIRECTOR AND SHALL GIVE TO HIM IN WRITING
AND UNDER OATH, HIS NAME AND BUSINESS ADDRESS, THE NAME AND ADDRESS OF
THE PERSON BY WHOM HE IS EMPLOYED, AND IN WHOSE INTEREST HE APPEARS OR
WORKS, THE DURATION OF SUCH EMPLOYMENT, HOW MUCH HE IS PAID IS TO
RECEIVE, BY WHOM HE IS PAID OR IS TO BE PAID, HOW MUCH HE IS TO BE PAID
FOR EXPENSES, AND WHAT EXPENSES ARE TO BE INCLUDED. EACH SUCH PERSON SO
REGISTERING SHALL, BETWEEN THE FIRST AND TENTH DAY OF EACH CALENDAR
QUARTER, SO LONG AS HIS ACTIVITY CONTINUES, FILE WITH THE DIRECTOR A
DETAILED REPORT UNDER OATH OF ALL MONEY RECEIVED AND EXPENDED BY HIM
DURING THE PRECEDING CALENDAR QUARTER IN CARRYING ON HIS WORK; TO WHOM
PAID; FOR WHAT PURPOSES; AND THE NAMES OF ANY PAPERS, PERIODICALS,
MAGAZINES, OR OTHER PUBLICATIONS IN WHICH HE HAS CAUSED TO BE PUBLISHED
ANY ARTICLES OR EDITORIALS; AND THE PROPOSED LEGISLATION HE IS EMPLOYED
TO SUPPORT OR OPPOSE. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
ANY PERSON WHO MERELY APPEARS BEFORE THE COUNCIL OF THE DISTRICT OF
COLUMBIA, OR A COMMITTEE THEREOF, IN SUPPORT OF OR OPPOSITION TO
LEGISLATION; NOR TO ANY PUBLIC OFFICIAL ACTING IN HIS OFFICIAL
CAPICITY; NOR IN THE CASE OF ANY NEWSPAPER OR OTHER REGULARLY PUBLISHED
PERIODICAL (INCLUDING ANY INDIVIDUAL WHO OWNS, PUBLISHES, OR IS EMPLOYED
BY ANY SUCH NEWSPAPER OR PERIODICAL) WHICH IN THE ORDINARY COURSE OF
BUSINESS PUBLISHES NEWS ITEMS, EDITORIALS, OR OTHER COMMENTS, OR PAID
ADVDERTISEMENTS, WHICH DIRECTLY OR INDIRECTLY URGE THE PASSAGE OR DEFEAT
OF LEGISLATION, IF SUCH NEWSPAPER, PERIODICAL, OR INDIVIDUAL, ENGAGES IN
NO FURTHER OR OTHER ACTIVITIES IN CONNECTION WITH THE PASSAGE OR DEFEAT
OF SUCH LEGISLATION, OTHER THEN TO APPEAR BEFORE A COMMITTEE OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA IN SUPPORT OF OR IN OPPOSITION TO
SUCH LEGISLATION.
(B) ALL INFORMATION REQUIRED TO BE FILED UNDER THE PROVISIONS OF THIS
SECTION WITH THE DIRECTOR SHALL BE COMPILED BY THE DIRECTOR AS SOON AS
PRACTICABLE AFTER THE CLOSE OF THE CALENDAR QUARTER WITH RESPECT TO
WHICH SUCH INFORMATION IS FILED AND SHALL BE PRINTED IN THE DISTRICT OF
COLUMBIA REGISTER.
SEC. 508. //D.C. CODE 1 - 1178.// ALL REPORTS AND STATEMENTS
REQUIRED UNDER THIS TITLE SHALL BE MADE UNDER OATH, BEFORE AN OFFICE
UNAUTHORIZED BY LAW TO ADMINISTER OATHS.
SEC. 509. //D.C. CODE 1 - 1179.// (A) ANY PERSON WHO VIOLATES ANY OF
THE PROVISIONS OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR, AND
SHALL BE PUNISHED BY A FINE OF NOT MORE THAN $5,000 OR IMPRISONMENT FOR
NOT MORE THAN TWELVE MONTHS, OR BOTH.
(B) IN ADDITION TO THE PENALTIES PROVIDED FOR IN SUBSECTION (A) OF
THIS SECTION, ANY PERSON CONVICTED OF THE MISDEMEANOR SPECIFIED THEREIN
IS PROHIBITED, FOR A PERIOD OF THREE YEARS FROM THE DATE OF SUCH
CONVICTION, FROM ATTEMPTING TO INFLUENCE, DIRECTLY OR INDIRECTLY, THE
PASSAGE OR DEFEAT OF ANY PROPOSED LEGISLATION OR FROM APPEARING BEFORE A
COMMITTEE OF THE COUNCIL OF THE DISTRICT OF COLUMBIA IN SUPPORT OF OR
OPPOSITION TO PROPOSED LEGISLATION; AND ANY PERSON WHO VIOLATES ANY
PROVISION OF THIS SUBSECTION SHALL BE GUILTY OF A FELONY, AND SHALL BE
PUNISHED BY A FINE OF NOT MORE THAN $10,000, OR IMPRISONMENT FOR NOT
MORE THAN FIVE YEARS, OR BOTH.
SEC. 510. //D.C. CODE 1 - 1180.// THE PROVISIONS OF THIS TITLE SHALL
NOT APPLY TO---,
(1) ANY MEMBER OF THE UNITED STATES HOUSE OF REPRESENTATIVES OR
ANY SENATOR;
(2) ANY MEMBER OF A STAFF OF ANY PERSON SPECIFIED IN PARAGRAPH
(1) WHILE OPERATING WITHIN THE SCOPE OF HIS EMPLOYMENT;
(3) ANY MEMBER OF AN ADVISORY NEIGHBORHODD COUNCIL;
(4) ANY PERSON WHO RECEIVES LESS THAN $500 DURING THE CALENDAR
YEAR AS COMPENSATION FOR PERFORMING SERVICES RELATING TO THE
INFLUENCING OF LEGISLATION; OR
(5) ANY ENTITY SPECIFIED IN SECTION 1 (D) OF TITLE II OF THE
DISTRICT OF COLUMBIA INCOME AND FRANCHISE TAX ACT OF 1947 (D.C.
CODE, SEC. 47 - 1554 (D)), //61 STAT. 334.// NO SUBSTANTIAL PART
OF THE ACTIVITIES OF WHICH IS CARRYING ON PROPAGANDA, OR OTHERWISE
ATTEMPTING TO INFLUENCE LEGISLATION.
SEC. 601. //D.C. CODE 1 - 1181.// (A) THE CONGRESS DECLARES THAT
ELECTIVE AND PUBLIC OFFICE IS A PUBLIC TRUST, AND ANY EFFORT TO REALIZE
PERSONAL GAIN THROUGH OFFICIAL CONDUCT IS A VIOLATION OF THAT TRUST.
(B) NO PUBLIC OFFICIAL SHALL USE HIS OFFICIAL POSITION OR OFFICE TO
OBTAIN FINANCIAL GAIN FOR HIMSELF, ANY MEMBER OF HIS HOUSEHOLD, OR ANY
BUSINESS WITH WHICH HE OR A MEMBER OF HIS HOUSEHOLD IS ASSOCIATED, OTHER
THAN THAT COMPENSATION PROVIDED BY LAW FOR SAID PUBLIC OFFICIAL.
(C) NO PERSON SHALL OFFER OR GIVE TO A PUBLIC OFFICIAL OR A MEMBER OF
A PUBLIC OFFICIAL'S HOUSEHOLD, AND NO PUBLIC OFFICIAL SHALL SOLICIT OR
RECEIVE ANYTHING OR VALUE, INCLUDING A GIFT, FAVOR, SERVICE, LOAN
GRATUITY, DISCOUNT, HOSPITALITY, POLITICAL CONTRIBUTION, OR PROMISE OF
FUTURE EMPLOYMENT, BASED ON ANY UNDERSTANDING THAT SUCH PUBLIC
OFFICIAL'S OFFICIAL ACTIONS OR JUDGMENT OR VOTE WOULD BE INFLUENCED
THEREBY, OR WHERE IT COULD REASONABLY BE INFERRED THAT THE THING OF
VALUE WOULD INFLUENCE THE PUBLIC OFFICIAL IN THE DISCHARGE OF HIS
DUTIES, OR AS A REQARD, OR WHICH WOULD CAUSE THE TOTAL VALUE OF SUCH
THINGS RECEIVED FROM THE SAME PERSON NOT A MEMBER OF SUCH PUBLIC
OFFICIAL'S HOUSEHOLD TO EXCEED $100 DURING ANY SINGLE CALENDAR YEAR.
(D) NO PERSON SHALL OFFER OR PAY TO A PUBLIC OFFICIAL, AND NO PUBLIC
OFFICIAL SHALL SOLICIT OR RECEIVE ANY MONEY, IN ADDITION TO THAT
LAWFULLY RECEIVED BY THE PUBLIC OFFICIAL IN HIS OFFICIAL CAPACITY, FOR
ADVICE OR ASSISTANCE GIVEN IN THE COURSE OF THE PUBLIC OFFICIAL'S
EMPLOYMENT OR RELATING TO HIS EMPLOYMENT.
(E) NO PUBLIC OFFICIAL SHALL USE OR DISCLOSE CONFIDENTIAL INFORMATION
GIVEN IN THE COURSE OF OR BY REASON OF HIS OFFICIAL POSITION OR
ACTIVITIES IN ANY WAY THAT COULD RESULT IN FINANCIAL GAIN FOR HIMSELF OR
FOR ANY OTHER PERSON.
(F) NO MEMBER OR EMPLOYEE OF THE COUNCIL OF THE DISTRICT OF COLUMBIA
OR BOARD OF EDUCATION OF THE DISTRICT OF COLUMBIA SHALL ACCEPT
ASSIGNMENT TO SERVE ON A COMMITTEE THE JURISDICTION OF WHICH CONSISTS OF
MATTERS (OTHER THAN OF A DE MINIMIS NATURE) IN WHICH HE OR A MEMBER OF
HIS FAMILY OR A BUSINESS WITH WHICH HE IS ASSOCIATED, HAS FINANCIAL
INTEREST.
(G) ANY PUBLIC OFFICAIL WHO, IN THE DISCHARGE OF HIS OFFICIAL DUTIES,
WOULD BE REQUIRED TO TAKE AN ACTION OR MAKE A DECISION THAT WOULD AFFECT
DIRECTLY OR INDIRECTLY HIS FINANCIAL INTERESTS OR THOSE OF A MEMBER OF
HIS HOUSEHOLD, OR A BUSINESS WITH WHICH HE IS ASSOCIATED, OR MUST TAKE
AN OFFICIAL ACTION ON A MATTER AS TO WHICH HE HAS A CONFLICT SITUATION
CREATED BY A PERSONAL, FAMILY, OR CLIENT INTEREST, SHALL---
(1) PREPARE A WRITTEN STATEMENT DESCRIBING THE MATTER REQUIRING
ACTION OR DECISION, AND THE NATURE OF HIS POTENTIAL CONFLICT OF
INTEREST WITH RESPECT TO SUCH ACTION OR DECISION;
(2) CAUSE COPIES OF SUCH STATEMENT TO BE DELIVERED TO THE
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS (REFERRED TO IN
THIS TITLE AS THE "BOARD"), AND TO HIS IMMEDIATE SUPERIOR, IF ANY;
(3) IF HE IS A MEMBER OF THE COUNCIL OF THE DISTRICT OF
COLUMBIA OR MEMBER OF THE BOARD OF EDUCATION OF THE DISTRICT OF
COLUMBIA, OR EMPLOYEE OF EITHER, DELIVER A COPY OF SUCH STATEMENT
TO THE CHAIRMAN THEREOF, WHO SHALL CAUSE SUCH STATEMENT TO BE
PRINTED IN THE RECORD OF PROCEEDINGS, AND, UPON REQUEST OF SAID
MEMBER OR EMPLOYEE, SHALL EXCUSE THE MEMBER FROM VOTES,
DELIBERATIONS, AND OTHER ACTION ON THE MATTER ON WHICH A POTENTIAL
CONFLICT EXISTS;
(4) IF HE IS NOT A MEMBER OF THE COUNCIL OF THE DISTRICT OF
COLUMBIA, HIS SUPERIOR, IF ANY, SHALL ASSIGN THE MATTER TO ANOTHER
EMPLOYEE WHO DOES NOT HAVE A POTENTIAL CONFLICT OF INTEREST, OR,
IF HE HAS NO IMMEDIATE SUPERIOR, HE SHALL TAKE SUCH STEPS AS THE
BOARD PRESCRIBES THROUGH RULES AND REGULATIONS TO REMOVE HIMSELF
FROM INFLUENCE OVER ACTIONS AND DECISIONS ON THE MATTER ON WHICH
POTENTIAL CONFLICT EXISTS; AND
(5) DURING A PERIOD WHEN A CHARGE OF CONFLICT OF INTEREST IS
UNDER INVESTIGATION BY THE BOARD, IF HE IS NOT A MEMBER OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA OR A MEMBER OF THE BOARD OF
EDUCATION, HIS SUPERIOR, IF ANY, SHALL, HAVE THE ARBITRARY POWER
TO ASSIGN THE MATTER TO ANOTHER EMPLOYEE WHO DOES NOT HAVE A
POTENTIAL CONFLICT OF INTEREST, OR IF HE HAS NO IMMEDIATE
SUPERIOR, HE SHALL TAKE SUCH STEPS AS THE BOARD SHALL PRESCRIBE
THROUGH RULES AND REGULATIONS TO REMOVE HIMSELF FROM INFLUENCE
OVER ACTIONS AND DECISIONS ON THE MATTER ON WHICH THERE IS A
CONFLICT OF INTEREST.
(H) NEITHER THE MAYOR NOR ANY MEMBER OF THE COUNCIL OF THE DISTRICT
OF COLUMBIA MAY REPRESENT ANOTHER PERSON BEFORE ANY REGULATORY AGENCY OR
COURT OF THE DISTRICT OF COLUMBIA WHILE SERVING IN SUCH OFFICE, THE
PRECEDING SENTENCE DOES NOT APPLY TO AN APPEARANCE BY SUCH AN OFFICIAL
BEFORE ANY SUCH AGENCY OR COURT IN HIS OFFICIAL CAPACITY.
(I) AS USED IN THIS SECTION, THE TERM---,
(1) "PUBLIC OFFICIAL" MEANS THE OFFICE OF THE MAYOR OF THE
DISTRICT OF COLUMBIA, CHAIRMAN OF THE COUNCIL OF THE DISTRICT OF
COLUMBIA, OR MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, OR
CHAIRMAN OR MEMBER OF THE BOARD OF EDUCATION OF THE DISTRICT OF
COLUMBIA, OR EACH OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA
GOVERNMENT WHO PERFORMS DUTIES OF THE TYPE GENERALLY PERFORMED BY
AN INDIVIDUAL OCCUPYING GRADE GS-15 OF THE GENERAL SCHEDULE OR ANY
HIGHER GRADE OR POSITION //5 USC 5332 NOTE.// (AS DETERMINED BY
THE BOARD REGARDLESS OF THE RATE OF COMPENSATION OF SUCH
INDIVIDUAL);
(2) "BUSINESS" MEANS ANY CORPORATION, PARTNERSHIP, SOLE
PROPRIETORSHIP, FIRM, ENTERPRISE, FRANCHISE, ASSOCIATION,
ORGANIZATION, SELF-EMPLOYED INDIVIDUAL, HOLDING COMPANY, JOINT
STOCK, TRUST, AND ANY LEGAL ENTITY THROUGH WHICH BUSINESS IS
CONDUCTED FOR PROFIT;
(3) "BUSINESS WITH WHICH HE IS ASSOCIATED" MEANS ANY BUSINESS
OF WHICH THE PERSON OR MEMBER OF HIS HOUSEHOLD IS A DIRECTOR,
OFFICER, OWNER, EMPLOYEE, OR HOLDER OF STOCK WORTH $1,000 OR MORE
AT FAIR MARKET VALUE, AND ANY BUSINESS WHICH IS A CLIENT OF THAT
PERSON;
(4) "HOUSEHOLD" MEANS THE PUBLIC OFFICAL AND HIS IMMEDIATE
FAMILY; AND
(5) "IMMEDIATE FAMILY" MEANS THE PUBLIC OFFICIAL'S SPOUSE AND
ANY PARENT, BROTHER, OR SISTER, OR CHILD OF THE PUBLIC OFFICIAL,
AND THE SPOUSE OF ANY SUCH PARENT, BROTHER, SISTER, OR CHILD.
SEC. 602. //D.C CODE 1 - 1182.// (A) ANY CANDIDATE FOR NOMINATION
FOR ELECTION, OR ELECTION, TO PUBLIC OFFICE WHO AT THE TIME HE BECOMES A
CANDIDATE, DOES NOT OCCUPY ANY SUCH OFFICE, SHALL FILE WITHIN ONE MONTH
AFTER HE BECOMES A CANDIDATE FOR SUCH OFFICE, AND THE MAYOR, AND THE
CHAIRMAN AND EACH MEMBER OF THE COUNCIL OF THE DISTRICT OF COLUMBIA
HOLDING OFFICE UNDER THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND
GOVERNMENTAL REORGANIZATION ACT, //87 STAT. 774, D.C. CODE 1 - 101
NOTE.// AND THE CHAIRMAN AND EACH MEMBER OF THE BOARD OF EDUCATION,
SHALL FILE ANNUALLY, WITH THE BOARD A REPORT CONTAINING A FULL AND
COMPLETE STATEMENT OF---,
(1) THE AMOUNT AND SOURCE OF EACH ITEM OF INCOME, EACH ITEM OR
REIMBURSEMENT FOR ANY EXPENDITURE, AND EACH GIFT OR AGGREGATE OF
GIFTS FROM ONE SOURCE (OTHER THAN GIFTS RECEIVED BY HIM OR BY HIM
AND HIS SPOUSE JOINTLY DURING THE PRECEDING CALENDAR YEAR) WHICH
EXCEEDS $100 IN AMOUNT OR VALUE, INCLUDING ANY FEE OR OTHER
HONORARIUM RECEIVED BY HIM FOR OR IN CONNECTION WITH THE
PREPARATION OR DELIVERY OF ANY SPEECH OR ADDRESS, ATTENDANCE AT
ANY CONVENTION OR OTHER ASSEMBLY OF INDIVIDUALS, OR THE
PREPARATION OF ANY ARTICLE OR OTHER COMPOSITION FOR PUBLICATION,
AND THE MONETARY VALUE OF SUBSISTENCE, ENTERTAINMENT, TRAVEL, AND
OTHER FACILITIES RECEIVED BY HIM IN KIND;
(2) THE IDENTITY OF EACH ASSET HELD BY HIM, OR BY HIM AND HIS
SPOUSE JOINTLY WHICH HAS A VALUE IN EXCESS OF $1,000, AND THE
IDENTITY AND AMOUNT OF EACH LIABILITY OWNED BY HIM, OR BY HIM AND
HIS SPOUSE JOINTLY, WHICH IS IN EXCESS OF $1,000 AS OF THE CLOSE
OF THE PRECEDING CALENDAR YEAR;
(3) ANY TRANSACTIONS IN SECURITIES OF ANY BUSINESS ENTITY BY
HIM, OR BY HIM AND HIS SPOUSE JOINTLY, OR BY ANY PERSON ACTING ON
HIS BEHALF OR PURSUANT TO HIS DIRECTION DURING THE PRECEDING
CALENDAR YEAR IF THE AGGREGATE AMOUNT INVOLVED IN TRANSACTIONS IN
THE SECURITIES OF SUCH BUSINESS ENTITY EXCEEDS $5,000 DURING SUCH
YEAR;
(4) ALL TRANSACTIONS IN COMMODITIES BY HIM, OR BY HIM AND HIS
SPOUSE JOINTLY, OR BY ANY PERSON ACTING ON HIS BEHALF, OR PURSUANT
TO HIS DIRECTION DURING THE PRECEDING CALENDAR YEAR IF THE
AGGREGATE AMOUNT INVOLVED IN SUCH TRANSACTIONS EXCEEDS $5,000;
(5) ANY PURCHASE OR SALE, OTHER THAN THE PURCHASE OR SALE OF
HIS PERSONAL RESIDENCE, OF REAL PROPERTY OR ANY INTEREST THEREIN
BY HIM, OR BY HIM AND HIS SPOUSE JOINTLY, OR BY ANY PERSON ACTING
ON HIS BEHALF OR PURSUANT TO HIS DIRECTION, DURING THE PRECEDING
CALENDAR YEAR IF THE VALUE OF PROPERTY INVOLVED IN SUCH PURCHASE
OR SALE EXCEEDS $5,000; AND
(6) THE AMOUNT OF EACH TAX PAID BY THE INDIVIDUAL, OR BY THE
INDIVIDUAL AND THE INDIVIDUAL'S SPOUSE FILING JOINTLY, FOR THE
PRECEDING CALENDAR YEAR, EXCEPT IN THE CASE OF CANDIDATES FILING
REPORTS DURING CALENDAR YEAR 1974, WHO SHALL FILE REPORTS FOR THE
PRECEDING THREE CALENDAR YEARS.
(B) ANY CANDIDATE FOR NOMINATION FOR, OR ELECTION TO, OFFICE WHO AT
THE TIME HE BECOMES A CANDIDATE, DOES NOT OCCUPY ANY SUCH OFFICE, SHALL
FILE WITHIN ONE MONTH AFTER HE BECOMES A CANDIDATE FOR SUCH OFFICE, AND
THE MAYOR, AND THE CHAIRMAN AND EACH MEMBER OF THE COUNCIL OF THE
DISTRICT OF COLUMBIA HOLDING OFFICE UNDER THE DISTRICT OF COLUMBIA
SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT, //84 STAT. 774, D.
C. CODE 1 - 101 NOTE.// AND THE CHAIRMAN AND EACH MEMBER OF THE BOARD OF
EDUCATION, AND EACH OFFICER AND EMPLOYEE OF THE DISTRICT OF COLUMBIA
GOVERNMENT WHO PERFORMS DUTIES OF THE TYPE GENERALLY PERFORMED BY AN
INDIVIDUAL OCCUPYING GRADE GS-15 OF THE GENERAL SCHEDULE UNDER SECTION
5332 OF TITLE 5, UNITED STATES CODE, //5 USC 5332 NOTE.// OR ANY HIGHER
GRADE OR POSITION (AS DETERMINED BY THE BOARD REGARDLESS OF THE RATE OF
COMPENSATION OF SUCH INDIVIDUAL), SHALL FILE WITH THE BOARD IN A SEALED
ENVELOPE MARKED "CONFIDENTIAL PERSONAL FINANCIAL DISCLOSURE OF (NAME)",
BEFORE THE FIFTEENTH DAY OF MAY IN EACH YEAR, THE FOLLOWING REPORTS OF
HIS PERSONAL FINANCIAL INTERESTS:
(1) A COPY OF THE RETURNS OF TAXES, DECLARATIONS, STATEMENTS,
OR OTHER DOCUMENTS WHICH HE, OR HE AND HIS SPOUSE JOINTLY, MADE
FOR THE PRECEDING YEAR IN COMPLIANCE WITH THE INCOME TAX
PROVISIONS OF THE INTERNAL REVENUE CODE OF 1954; //68A STAT. 3,
26 USC 1 ET SEQ.//
(2) THE NAME AND ADDRESS OF EACH BUSINESS OR PROFESSSIONAL
CORPORATION, FIRM, OR ENTERPRISE IN WHICH HE WAS AN OFFICER,
DIRECTOR, PARTNER, PROPRIETOR, OR EMPLOYEE WHO RECEIVED
COMPENSATION DURING THE PRECEDING YEAR AND THE AMOUNT OF SUCH
COMPENSATION;
(3) THE IDENTITY OF EACH TRUST OR OTHER FIDUCIARY RELATION IN
WHICH HE HELD A BENEFICIAL INTEREST HAVING A VALUE OF $10,000 OR
MORE, AND THE IDENTITY, IF KNOWN, OF EACH INTEREST OF THE OTHER
FIDUCIARY RELATION IN REAL OR PERSONAL PROPERTY IN WHICH THE
CANDIDATE, OFFICER, OR EMPLOYEE HELD A BENEFICIAL INTEREST HAVING
A VALUE OF $10,000 OR MORE, AT ANY TIME DURING THE PRECEDING YEAR.
IF HE CANNOT OBTAIN THE IDENTITY OF THE FIDUCIARY INTERESTS, THE
CANDIDATE, OFFICER, OR EMPLOYEE SHALL REQUEST THE FIDUCIARY TO
REPORT THAT INFORMATION TO THE BOARD IN THE SAME MANNER THAT
REPORTS ARE FILED UNDER THIS RULE.
(C) EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, ALL PAPERS FILED
UNDER THIS SECTION SHALL BE KEPT BY THE BOARD IN THE CUSTODY OF THE
DIRECTOR FOR NOT LESS THAN SEVEN YEARS, AND WHILE SO KEPT SHALL REMAIN
SEALED. UPON RECEIPT OF A REQUEST BY ANY MEMBER OF THE BOARD ADOPTED BY
A RECORDED MAJORITY VOTE OF THE FULL BOARD REQUESTING THE EXAMINATION
AND AUDIT OF ANY OF THE REPORTS FILED BY ANY INDIVIDUAL UNDER SECTION
(B) OF THIS TITLE, THE DIRECTOR SHALL TRANSMIT TO THE BOARD THE
ENVELOPES CONTAINING SUCH REPORTS. WITHIN A REASONABLE TIME AFTER SUCH
RECORDED VOTE HAS BEEN TAKEN, THE INDIVIDUAL CONCERNED SHALL BE INFORMED
OF THE VOTE TO EXAMINE AND AUDIT, AND SHALL BE ADVISED OF THE NATURE AND
SCOPE OF SUCH EXAMINATION. WHEN ANY SEALED ENVELOPE CONTAINING ANY SUCH
REPORT IS RECEIVED BY THE DIRECTOR, SUCH ENVELOPE MAY BE OPENED AND THE
CONTENTS THEREOF MAY BE EXAMINED ONLY BY MEMBERS OF THE BOARD IN
EXECUTIVE SESSION. IF, UPON SUCH EXAMINATION, THE BOARD DETERMINES THAT
FURTHER CONSIDERATION BY THE BOARD IS WARRANTED AND WITHIN THE
JURISDICTION OF THE BOARD, IT MAY MAKE THE CONTENTS OF ANY SUCH ENVELOPE
AVAILABLE FOR ANY USE BY ANY MEMBER OF THE BOARD, OR THE DIRECTOR OR
GENERAL COUNSEL OF THE BOARD WHICH IS REQUIRED FOR THE DISCHARGE OF HIS
OFFICIAL DUTIES. THE BOARD MAY RECEIVE THE PAPERS AS EVIDENCE, AFTER
GIVING TO THE INDIVIDUAL CONCERNED DUE NOTICE AND OPPORTUNITY FOR
HEARING IN A CLOSED SESSION. THE BOARD SHALL PUBLICLY DISCLOSE NOT
LATER THAN THE FIRST DAY OF JUNE EACH YEAR THE NAMES OF THE CANDIDATES,
OFFICERS, AND EMPLOYEES WHO HAVE FILED A REPORT. ANY PAPER WHICH HAS
BEEN FILED WITH THE BOARD FOR LONGER THAN SEVEN YEARS, IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, SHALL BE RETURNED TO THE INDIVIDUAL
CONCERNED OR HIS LEGAL REPRESENTATIVE. IN THE EVENT OF THE DEATH OR
TERMINATION OF THE SERVICE OF THE MAYOR OR CHAIRMAN OR MEMBER OF THE
COUNCIL OF THE DISTRICT OF COLUMBIA OR CHIARMAN OR MEMBER OF THE BOARD
OF EDUCATION, OR OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA, SUCH
PAPERS SHALL BE RETURNED UNOPENED TO SUCH INDIVIDUAL, OR TO THE
SURVIVING SPOUSE OR LEGAL REPRESENTATIVE OF SUCH INDIVIDUAL WITHIN ONE
YEAR OF SUCH DATE OR TERMINATION OF SERVICE.
(D) REPORTS REQUIRED BY THIS SECTION (OTHER THAN REPORTS SO REQUIRED
BY CANDIDATES) SHALL BE FILED NOT LATER THAN MAY 15 OF EACH SUCCEEDING
YEAR. IN THE CASE OF ANY PERSON WHO CEASES, PRIOR TO SUCH DATE IN ANY
YEAR, TO OCCUPY THE OFFICE OR POSITION THE OCCUPANY OF WHICH IMPOSES
UPON HIM THE REPORTING REQUIREMENTS CONTAINED IN SUBSECTION (A) SHALL
FILE SUCH REPORT ON THE LAST DAY HE OCCUPIES SUCH OFFICE OR POSITION, OR
ON SUCH LATER DATE, NOT MORE THAN THREE MONTHS AFTER SUCH LAST DAY, AS
THE BOARD MAY PRESCRIBE.
(E) REPORTS REQUIRED BY THIS SECTION SHALL BE IN SUCH FORM AND DETAIL
AS THE BOARD MAY PRESCRIBE. THE BOARD MAY PROVIDE FOR THE GROUPING OF
ITEMS OF INCOME, SOURCES OF INCOME, ASSETS, LIABILITIES, DEALINGS IN
SECURITIES OR COMMODITIES, AND PURCHASES AND SALES OR REAL PROPERTY,
WHEN SEPARATE ITEMIZATION IS NOT FEASIBLE OR IN NOT NECESSARY FOR AN
ACCURATE DISCLOSURE OF THE INCOME, NET WORTH, DEALING IN SECURITIES AND
COMMODITIES OR PURCHASES, AND SALES OF RENTAL PROPERTY OF ANY
INDIVIDUAL.
(F) ALL PUBLIC REPORTS FILED UNDER THIS SECTION SHALL BE MAINTAINED
BY THE BOARD AS PUBLIC RECORDS WHICH, UNDER SUCH REASONABLE REGULATIONS
AS IT SHALL PRESCRIBE, SHALL BE AVAILABLE FOR INSPECTION BY MEMBERS OF
THE PUBLIC.
(G) FOR THE PURPOSES OF ANY REPORT REQUIRED BY THIS SECTION, ANY
INDIVIDUAL SHALL BE CONSIDERED TO HAVE BEEN MAYOR, CHAIRMAN, OR MEMBER
OF THE COUNCIL OF THE DISTRICT OF COLUMBIA, OR CHAIRMAN OR MEMBER OF THE
BOARD OF EDUCATION, OR OFFICER OR EMPLOYEE OF THE DISTRICT OF COLUMBIA
DURING ANY CALENDAR YEAR IF SUCH INDIVIDUAL SERVED IN ANY SUCH POSITION
FOR MORE THAN SIX MONTHS DURING SUCH CALENDAR YEAR.
(H) FOR PURPOSES OF THIS SECTION, THE TERM---,
(1) "INCOME" MEANS GROSS INCOME AS DEFINED IN SECTION 61 OF THE
INTERNAL REVENUE CODE OF 1954; //68A STAT. 17, 26 USC 61.//
(2) "SECURITY" MEANS SECURITY AS DEFINED IN SECTION 2 OF THE
SECURITIES ACT OF 1933, AS AMENDED (15 U.S.C. 77B);
(3) "COMMODITY" MEANS COMMODITY AS DEFINED IN SECTION 2 OF THE
COMMODITIES EXCHANGE ACT, AS AMENDED (7 U.S.C. 2); //49 STAT.
1491//
(4) "TRANSACTIONS IN SECURITIES OR COMMODITIES" MEANS ANY
ACQUISITION, HOLDING, WITHHOLDING, USE, TRANSFER, OR OTHER
DISPOSITION, INVOLVING ANY SECURITY OR COMMODITY; //82 STAT.
413.//
(5) "IMMEDIATE FAMILY" MEANS THE CHILD, PARENT, GRANDPARENT,
BROTHER, OR SISTER OF AN INDIVIDUAL, AND THE SPOUSE OF SUCH
PERSON; AND
(6) "TAX" MEANS THE TAXES IMPOSED UNDER CHAPTER 1 OF THE
INTERNAL REVENUE CODE OF 1954, //68A STAT. 4.// UNDER THE DISTRICT
OF COLUMBIA REVENUE ACT OF 1947, //61 STAT. 328, D.C. CODE 47
1551 NOTE.// AND UNDER THE DISTRICT OF COLUMBIA PUBLIC WORKS ACT
OF 1954, //68 STAT. 101, D.C. CODE 43 1601 NOTE.// AND ANY OTHER
PROVISION OF LAW RELATING TO THE TAXATION OF PROPERTY WITHIN THE
DISTRICT OF COLUMBIA.
PENALTIES AND ENFORCEMENT
SEC. 701. //D.C. CODE 1 - 1191.// (A) EXCEPT AS PROVIDED IN
SUBSECTION (B), ANY PERSON OR POLITICAL COMMITTEE WHO VIOLATES ANY OF
THE PROVISIONS OF THIS ACT SHALL BE FINED NOT MORE THAN $5,000, OR SHALL
BE IMPRISONED FOR NOT LONGER THAN SIX MONTHS, OR BOTH.
(B) ANY PERSON WHO KNOWINGLY FILES ANY FALSE OR MISLEADING STATEMENT,
REPORT, VOUCHER, OR OTHER PAPER, OR MAKES ANY FALSE OR MISLEADING
STATEMENT TO THE BOARD, SHALL BE FINED NOT MORE THAN $10,000, OR SHALL
BE IMPRISONED FOR NOT LONGER THAN FIVE YEARS, OR BOTH.
(C) THE PENALTIES PROVIDED IN THIS SECTION SHALL NOT APPLY TO ANY
PERSON OR POLITICAL COMMITTEE WHO, BEFORE THE DATE OF ENACTMENT OF THIS
ACT DURING CALENDAR YEAR 1974, MAKES POLITICAL CONTRIBUTIONS OR RECEIVES
POLITICAL CONTRIBUTIONS OR MAKES ANY POLITICAL CAMPAIGN EXPENDITURES, IN
EXCESS OF ANY LIMITATION PLACED ON SUCH CONTRIBUTIONS OR EXPENDITURES BY
THIS ACT, EXCEPT SUCH PERSON OR POLITICAL COMMITTEE SHALL NOT MAKE ANY
FURTHER SUCH CONTRIBUTIONS OR EXPENDITURES DURING THE REMAINDER OF
CALENDAR YEAR 1974.
(D) PROSECUTIONS OF VIOLATIONS OF THIS ACT SHALL BE BROUGHT BY THE
UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA IN THE NAME OF THE
UNITED STATES.
SEC. 702. (A) TITLE VI OF ARTICLE I OF THE DISTRICT OF COLUMBIA
INCOME AND FRANCHISE TAX ACT OF 1947 (D.C. CODE, SECS.
47-1567-47-1567E) //61 STAT. 343; 83 STAT. 179, D.C. CODE 47-1567F.//
IS AMENDED BY ADDING AT THE END OF THAT TITLE THE FOLLOWING:
"SEC. 7. (A) CREDIT FOR CAMPAIGN CONTRIBUTIONS.--FOR THE PURPOSE OF
ENCOURAGING RESIDENTS OF THE DISTRICT TO PARTICIPATE IN THE ELECTION
PROCESS IN THE DISTRICT, THERE SHALL BE ALLOWED TO AN INDIVIDUAL A
CREDIT AGAINST THE TAX (IF ANY) IMPOSED BY THIS ARTICLE IN AN AMOUNT
EQUAL TO 50 PER CENTUM OF ANY CAMPAIGN CONTRIBUTION MADE TO ANY
CANDIDATE FOR ELECTION TO ANY OFFICE REFERRED TO IN THE FIRST SECTION OF
THE DISTRICT OF COLUMBIA ELECTION ACT, //69 STAT. 699; 87 STAT. 832,
D.C CODE 1 - 1101.// BUT IN NO EVENT SHALL SUCH CREDIT EXCEED THE AMOUNT
OF $12.50, OR $25 IN THE CASE OF MARRIED PERSONS FILING A JOINT RETURN.
"(B) (1) A HUSBAND AND WIFE FILING SEPARATE RETURNS FOR A TAXABLE
YEAR FOR WHICH A JOINT RETURN COULD HAVE BEEN MADE BY THEM MAY CLAIM
BETWEEN THEM ONLY THE TOTAL CREDIT (OR REFUND) TO WHICH THEY WOULD HAVE
BEEN ENTITLED UNDER THIS SECTION HAD A JOINT RETURN BEEN FILED.
"(2) NO INDIVIDUAL FOR WHOM A PERSONAL EXEMPTION WAS ALLOWED ON
ANOTHER INDIVIDUAL'S RETURN SHALL BE ENTITLED TO A CREDIT (OR REFUND)
UNDER THIS SECTION.".
(B) THE TABLE OF CONTENTS OF SUCH ARTICLE IS AMENDED BY ADDING AT THE
END OF THE PART OF SUCH TABLE RELATING TO TITLE VI THE FOLLOWING:
"SEC. 7. CREDIT FOR CAMPAIGN CONTRIBUTIONS.".
SEC. 703. //D.C. CODE 1 - 1192.// WITHIN THE LIMITATIONS SPECIFIED
IN THIS ACT, ANY SURPLUS, RESIDUAL, OR UNEXPENDED CAMPAIGN FUNDS
RECEIVED BY OR ON BEHALF OF AN INDIVIDUAL WHO SEEKS NOMINATION FOR
ELECTION, OR ELECTION TO OFFICE SHALL BE CONTRIBUTED TO A POLITICAL
PARTY FOR POLITICAL PURPOSES, USED TO RETIRE THE PROPER DEBTS OF HIS
POLITICAL COMMITTEE WHICH RECEIVED SUCH FUNDS, OR RETURNED TO THE DONORS
AS FOLLOWS:
(1) IN THE CASE OF AN INDIVIDUAL DEFEATED IN AN ELECTION,
WITHIN SIX MONTHS FOLLOWING SUCH ELECTION;
(2) IN THE CASE OF AN INDIVIDUAL ELECTED TO OFFICE, WITHIN SIX
MONTHS FOLLOWING SUCH ELECTION; AND
(3) IN THE CASE OF AN INDIVIDUAL CEASING TO BE A CANDIDATE,
WITHIN SIX MONTHS THEREAFTER.
SEC. 704. //D.C. CODE 1 - 1121 NOTE.// (A) THE COUNCIL OF THE
DISTRICT OF COLUMBIA SHALL, DURING CALENDAR YEAR 1975, CONDUCT PUBLIC
HEARINGS AND OTHER APPROPRIATE INVESTIGATIONS ON (1) THE OPERATION AND
EFFECT OF THE DISTRICT OF COLUMBIA CAMPAIGN FINANCE REFORM ACT //ANTE,
P. 446.// AND THE DISTRICT OF COLUMBIA ELECTION ACT //69 STAT. 699; 87
STAT. 832, D.C. CODE 1 - 1101 NOTE.// ON THE ELECTIONS HELD IN THE
DISTRICT OF COLUMBIA DURING 1974; AND (2) THE NECESSITY AND
DESIRABILITY OF MODIFYING EITHER OR BOTH OF THOSE ACTS SO AS TO IMPROVE
ELECTORAL MACHINERY AND TO INSURE OPEN FAIR, AND EFFECTIVE ELECTION
CAMPAIGNS IN THE DISTRICT OF COLUMBIA.
(B) UPON THE CONCLUSION OF ITS HEARINGS AND INVESTIGATIONS THE
COUNCIL SHALL ISSUE A PUBLIC REPORT ON ITS FINDINGS AND RECOMMENDATIONS.
NOTHING IN THIS SECTION SHALL BE CONSTRUED AS LIMITING THE LEGISLATIVE
AUTHORITY OVER ELECTIONS IN THE DISTRICT OF COLUMBIA VESTED IN THE
COUNCIL BY THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL
REORGANIZATION ACT. //87 STAT. 774, D.C. CODE 1 - 101 NOTE.//
SEC. 705. //D.C. CODE 1 - 1121 NOTE.// (A) TITLES II AND IV OF THIS
ACT SHALL TAKE EFFECT ON THE DATE OF ENACTMENT OF THIS ACT, EXCEPT THE
FIRST REPORT OR STATEMENT REQUIRED TO BE FILED BY ANY INDIVIDUAL OR
POLITICAL COMMITTEE UNDER THE PROVISIONS OF SUCH TITLES SHALL INCLUDE
THAT INFORMATION REQUIRED UNDER SECTION 13 (E) OF THE DISTRICT OF
COLUMBIA ELECTION ACT (D.C. CODE, SEC. 1 - 1113 (E)) WITH RESPECT TO
CONTRIBUTIONS AND EXPENDITURES MADE BEFORE THE DATE OF ENACTMENT OF THIS
ACT, BUT AFTER JANUARY 1, 1974.
(B) TITLES I, III, VI AND VII OF THIS ACT SHALL TAKE EFFECT ON THE
DATE OF ENACTMENT OF THIS ACT.
(C) TITLE V OF THIS ACT SHALL TAKE EFFECT JANUARY 2, 1975.
SEC. 706. (A) SECTION 13 OF THE DISTRICT OF COLUMBIA ELECTION ACT
(D.C. CODE, SEC. 1 - 1113) //69 STAT. 704; 85 STAT. 794.// IS AMENDED
TO READ AS FOLLOWS:
"SEC. 13. THERE ARE HEREBY AUTHORIZED TO BE APPROPRIATED, OUT OF ANY
MONEY IN THE TREASURY TO THE CREDIT OF THE DISTRICT OF COLUMBIA NOT
OTHERWISE APPROPRIATED, SUCH SUMS AS ARE NECESSARY TO CARRY OUT THE
PURPOSES OF THIS ACT.".
(B) THE FIRST SENTENCE OF SUBSECTION (B) OF SECTION 4 OF SUCH ACT
(D.C. CODE, SEC. 1 - 1101) //69 STAT. 699; 85 STAT. 794.// IS AMENDED
TO READ AS FOLLOWS:
"(B) EACH MEMBER OF THE BOARD SHALL BE PAID COMPENSATION AT THE RATE
OF $100 FOR EACH EIGHT HOUR PERIOD WITH A LIMIT FO $12,500 PER ANNUM,
WHILE PERFORMING DUTIES UNDER THIS ACT, EXCEPT DURING 1974 SUCH
COMPENSATION SHALL BE PAID WITHOUT REGARD TO SUCH ANNUAL LIMITATION.".
(C) THE AMENDMENT MADE BY SUBSECTION (A) SHALL NOT AFFECT THE
LIABILITY OF ANY PERSON ARISING OUT OF ANY VIOLATION OF SECTION 13 OF
THE DISTRICT OF COLUMBIA ELECTION ACT COMMITTED BEFORE THE DATE OF
ENACTMENT OF THIS TITLE, AND ANY ACTION COMMENCED WITH RESPECT TO SUCH A
VIOLATION SHALL NOT ABATE. //D.C. CODE 1 - 1113 NOTE.//
SEC. 707. //D.C. CODE 1 - 1193.// NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, OR ANY RULE OF LAW, NOTHING IN THIS ACT SHALL BE
CONSTRUED AS LIMITING THE AUTHORITY OF THE DISTRICT OF COLUMBIA COUNCIL
TO ENACT ANY ACT OR RESOLUTION, AFTER JANUARY 2, 1975, PURSUANT TO THE
DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL REORGANIZATION ACT
WITH RESPECT TO ANY MATTER COVERED BY THIS ACT. //87 STAT. 774, D. C.
CODE 1 - 101 NOTE.//
SEC. 708. //D.C. CODE 1 - 1121 NOTE.// AMOUNTS AUTHORIZED UNDER
SECTION 722 OF THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND GOVERNMENTAL
REORGANIZATION ACT MAY BE USED TO CARRY OUT THE PURPOSES OF THIS ACT.
//87 STAT. 821, D.C. CODE 1 - 1113 NOTE, 47 - 2501 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1080 (COMM. ON THE DISTRICT OF COLUMBIA) AND
NO. 93 - 1225 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 967 (COMM. ON THE DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 20, CONSIDERED AND PASSED HOUSE.
JUNE 27, CONSIDERED AND PASSED SENATE, AMENDED.
JULY 25, SENATE AGREED TO CONFERENCE REPORT.
AUG. 1, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-375, 88 STAT 446
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2 OF THE
ACT ENTITLED "AN ACT TO PROVIDE FOR THE REGULATION OF FARES FOR THE
TRANSPORTATION OF SCHOOLCHILDREN IN THE DISTRICT OF COLUMBIA", APPROVED
AUGUST 9, 1955 (D.C. CODE, SEC. 44-214A), //82 STAT. 1187, 85 STAT.
315, D.C. CODE 44-214A NOTE.// AS AMENDED BY AN ACT APPROVED OCTOBER 18,
1968, AND BY AN ACT APPROVED AUGUST 11, 1971, IS FURTHER AMENDED BY
DELETING "1974" AND SUBSTITUTING "1977".
SEC. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, OR ANY RULE OF
LAW, NOTHING IN THIS ACT (INCLUDING THE AMENDMENT MADE BY THIS ACT)
SHALL BE CONSTRUED AS LIMITING THE AUTHORITY OF THE COUNCIL OF THE
DISTRICT OF COLUMBIA TO ENACT ANY ACT OR RESOLUTION, AFTER JANUARY 2,
1975, PURSUANT TO THE DISTRICT OF COLUMBIA SELF-GOVERNMENT AND
GOVERNMENTAL REORGANIZATION ACT //87 STAT. 774, D.C. CODE 1 - 101
NOTE.// WITH RESPECT TO ANY MATTER COVERED BY THIS ACT.
LEGISLATIVE HISTORY:
HOUSE REPORT: NO. 93 - 1173 ACCOMPANYING H.R. 13608 (COMM. ON
DISTRICT OF COLUMBIA.
SENATE REPORT NO. 93 - 965 (COMM. ON DISTRICT OF COLUMBIA).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 27, CONSIDERED AND PASSED SENATE.
JULY 9, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
13608.
JULY 30, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-374, 88 STAT 445
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8 OF THE
EXPORT-IMPORT BANK ACT OF 1945 //ANTE, P. 289.// IS AMENDED BY STRIKING
OUT "JULY 30" AND INSERTING IN LIEU THEREOF "SEPTEMBER 30".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 30, CONSIDERED AND PASSED SENATE.
AUG. 5, CONSIDERED AND PASSED HOUSE, AMENDED.
AUG. 7, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-373, 88 STAT 445
SELL, OR OTHERWISE DEAL WITH GOLD IN THE UNITED
STATES OR ABROAD.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE INTERNATIONAL
DEVELOPMENT ASSOCIATION ACT (22 U.S.C. 284 ET SEQ.) //74 STAT. 293; 86
STAT. 60, 22 USC 2841.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SECTION:
"SEC. 14. (A) THE UNITED STATES GOVERNOR IS HEREBY AUTHORIZED FOUR
ANNUAL INSTALLMENTS OF $375,000,000 EACH AS THE UNITED STATES
CONTRIBUTION TO THE FOURTH REPLENISHMENT OF THE RESOURCES OF THE
ASSOCIATION.
"(B) IN ORDER TO PAY FOR THE UNITED STATES CONTRIBUTION, THERE IS
HEREBY AUTHORIZED TO BE APPROPRIATED WITHOUT FISCAL YEAR LIMITATION FOUR
ANNUAL INSTALLMENTS OF $375,000,000 EACH FOR PAYMENT BY THE SECRETARY OF
THE TREASURY.".
SEC. 2. SUBSECTIONS 3 (B) AND (C) OF PUBLIC LAW 93 - 110 (87 STAT.
352) //31 USC 442 NOTES.// ARE REPEALED AND IN LIEU THEREOF ADD THE
FOLLOWING:
"(B) NO PROVISION OF ANY LAW IN EFFECT ON THE DATE OF ENACTMENT OF
THIS ACT, AND NO RULE, REGULATION, OR ORDER IN EFFECT ON THE DATE
SUBSECTIONS (A) AND (B) BECOME EFFECTIVE MAY BE CONSTRUED TO PROHIBIT
ANY PERSON FROM PURCHASING, HOLDING, SELLING, OR OTHERWISE DEALING WITH
GOLD IN THE UNITED STATES OR ABROAD.
"(C) THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF THIS SECTION SHALL
TAKE EFFECT EITHER ON DECEMBER 31, 1974, OR AT ANY TIME PRIOR TO SUCH
DATE THAT THE PRESIDENT FINDS AND REPORTS TO CONGRESS THAT INTERNATIONAL
MONETARY REFORM SHALL HAVE PORCEEDED TO THE POINT WHERE ELIMINATION OF
REGULATIONS ON PRIVATE OWNERSHIP OF GOLD WILL NOT ADVERSELY AFFECT THE
UNITED STATES' INTERNATIONAL MONETARY POSITION.".
SEC. 3. THE INTERNATIONAL DEVELOPMENT ASSOCIATION ACT (22 U.S.C. 284
ET SEQ.) //22 USC 284M.// THE UNITED STATES GOVERNOR IS AUTHORIZED AND
DIRECTED TO VOTE AGAINST ANY LOAN OR OTHER UTILIZATION OF THE FUNDS OF
THE ASSOCIATION FOR THE BENEFIT OF ANY COUNTRY WHICH DEVELOPS ANY
NUCLEAR EXPLOSIVE DEVICE, UNLESS THE COUNTRY IS OR BECOMES A STATE PARTY
TO THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS (21 UST 483)."
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 749 ACCOMPANYING H.R. 11354 (COMM. ON
BANKING AND CURRENCY) AND NO. 93 - 1142 ACCOMPANYING H.R. 15465 (COMM.
ON BANKING AND CURRENCY).
SENATE REPORT NO. 93 - 834 (COMM. ON FOREIGN RELATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 22, 29, CONSIDERED AND PASSED SENATE.
JULY 2, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
15465.
JULY 25, SENATE CONCURRED IN HOUSE AMENDMENTS.
JULY 30, SENATE VITIATED ACTION OF JULY 25; CONCURRED IN HOUSE
AMENDMENTS WITH AN AMENDMENT.
JULY 31, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-372, 88 STAT 444
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 14 OF THE EXPORT
ADMINISTRATION ACT OF 1969 //ANTE, P. 287.// IS AMENDED BY STRIKING OUT
"JULY 30" AND INSERTING IN LIEU THEREOF "SEPTEMBER 30".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 120 (1974):
AUG. 5, CONSIDERED AND PASSED HOUSE.
AUG. 7, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-371, 88 STAT 424, LEGISLATIVE BRANCH APPROPRIATION ACT,
1975
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FOLLOWING SUMS
ARE APPROPRIATED, OUT OF ANY MONEY IN THE TREASURY NOT OTHERWISE
APPROPRIATED, FOR THE LEGISLATIVE BRANCH FOR THE FISCAL YEAR ENDING JUNE
30, 1975, AND FOR OTHER PURPOSES, NAMELY:
COMPENSATION AND MILEAGE OF THE VICE PRESIDENT AND SENATORS OF THE
UNITED STATES, $4,790,695.
EXPENSES ALLOWANCES OF VICE PRESIDENT, $10,000; MAJORITY LEADER OF
THE SENATE, $3,000; AND MINORITY LEADER OF THE SENATE, $3,000; IN ALL,
$16,000.
FOR COMPENSATION OF OFFICERS, EMPLOYEES, CLERKS TO SENATORS, AND
OTHERS AS AUTHORIZED BY LAW, INCLUDING AGENCY CONTRIBUTIONS AND
LONGEVITY COMPENSATION AS AUTHORIZED, WHICH SHALL BE PAID FROM THIS
APPROPRIATION WITHOUT REGARD TO THE BELOW LIMITATIONS, AS FOLLOWS:
FOR CLERICAL ASSISTANCE TO THE VICE PRESIDENT, $552,045.
FOR OFFICES OF THE MAJORITY AND MINORITY WHIPS
FOR OFFICES OF THE MAJORITY AND MINORITY WHIPS, $110,580.
FOR OFFICE OF THE CHAPLAIN, $28,500: PROVIDED, THAT EFFECTIVE JULY
1, 1974, THE CHAPLAIN MAY FIX THE PER ANNUM COMPENSATION OF THE
SECRETARY TO THE CHAPLAIN AT NOT TO EXCEED $12,540 PER ANNUM IN LIEU OF
$9,120 PER ANNUM. //2 USC 61D-1.//
FOR OFFICE OF THE SECRETARY, $2,691,345, INCLUDING $110,010 REQUIRED
FOR THE PURPOSE SPECIFIED AND AUTHORIZED BY SECTION 74B OF TITLE 2,
UNITED STATES CODE. //60 STAT. 839.//
FOR PROFESSIONAL AND CLERICAL ASSISTANCE TO STANDING COMMITTEES AND
THE SELECT COMMITTEE ON SMALL BUSINESS, $8,069,490.
FOR CLERICAL ASSISTANCE TO THE CONFERENCE OF THE MAJORITY, AT RATES
OF COMPENSATION TO BE FIXED BY THE CHAIRMAN OF SAID COMMITTEE, $174,135.
FOR CLERICAL ASSISTANCE TO THE CONFERENCE OF THE MINORITY, AT RATES
OF COMPENSATION TO BE FIXED BY THE CHAIRMAN OF SAID COMMITTEE, $174,135.
FOR ADMINISTRATIVE AND CLERICAL ASSISTANTS TO SENATORS, $42,477,540:
PROVIDED, THAT EFFECTIVE JANUARY 1, 1974, THE CLERK HIRE ALLOWANCE OF
EACH SENATOR FROM THE STATES OF ARKANSAS AND ARIZONA SHALL BE INCREASED
TO THAT ALLOWED SENATORS FROM STATES HAVING A POPULATION OF TWO MILLION,
THE POPULATION OF EACH SAID STATE HAVING EXCEEDED TWO MILLION
INHABITANTS. //2 USC 61 - 1 NOTE.//
FOR OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER, $11,998,500:
PROVIDED, THAT EFFECTIVE JULY 1, 1974, THE SERGEANT AT ARMS MAY APPOINT
AND FIX THE COMPENSATION OF THE FOLLOWING POSITIONS (A) IN THE COMPUTER
CENTER: FOUR SENIOR COMPUTER SPECIALISTS AT NOT TO EXCEED $24,225 PER
ANNUM EACH; SEVEN SENIOR PROGRAMMER ANALYSTS AT NOT TO EXCEED $22,515
PER ANNUM EACH IN LIEU OF FIVE SENIOR PROGRAMMER ANALYSTS AT $22,515 PER
ANNUM EACH; THREE SYSTEMS ANALYSTS AT NOT TO EXCEED $20,805 PER ANNUM
EACH; FIVE SYSTEMS PROGRAMMERS AT NOT TO EXCEED $20,805 PER ANNUM EACH;
IN LIEU OF THREE SYSTMES PROGRAMMERS AT $20,805 PER ANNUM EACH; EIGHT
PROGRAMMER ANALYSTS AT NOT TO EXCEED $20,805 PER ANNUM EACH; FOUR
COMPUTER SPECIALISTS AT NOT TO EXCEED $18,240 PER ANNUM EACH; A
SECRETARY-RECEPTIONIST AT NOT TO EXCEED $11,115 PER ANNUM; A SECRETARY
AT $10,260 PER ANNUM; A SYSTEMS SUPERVISOR AT NOT TO EXCEED $26,790 PER
ANNUM IN LIEU OF A SYSTEMS SUPERVISOR AT $25,080 PER ANNUM; (B) IN THE
SERVICE DEPARTMENT: AN EQUIPMENT SUPERVISOR AT NOT TO EXCEED $18,240
PER ANNUM; AN ASSISTANT EQUIPMENT SUPERVISOR AT NOT TO EXCEED $14,820
PER ANNUM; A SECRETART-RECEPTIONIST AT NOT TO EXCEED $11,115 PER ANNUM;
A SECRETARY AT NOT TO EXCEED $9,975 PER ANNUM; SIX CAMERAMEN AT NOT TO
EXCEED $10,260 PER ANNUM EACH; A FILM PROCESSOR AT NOT TO EXCEED
$11,115 PER ANNUM; AN ASSISTANT FILM PROCESSOR AT NOT TO EXCEED $10,545
PER ANNUM; TEN MESSENGERS AT NOT TO EXCEED $8,265 PER ANNUM EACH IN
LIEU OF SEVEN MESSENGERS AT $8,265 PER ANNUM EACH; (C) IN SENATE POST
OFFICE: A MAIL SUPERVISOR AT NOT TO EXCEED $11,115 PER ANNUM;
SIXTY-THREE MAIL CARRIERS AT NOT TO EXCEED $9,975 PER ANNUM EACH IN LIEU
OF FIFTY-SEVEN MAIL CARRIERS AT $9,975 PER ANNUM EACH; (D) IN THE
CABINET SHOP: A CHIEF CABINETMAKER AT NOT TO EXCEED $18,525 PER ANNUM
IN LIEU OF $15,960 PER ANNUM; AN ASSISTANT CHIEF CABINETMAKER AT NOT TO
EXCEED $17,670 PER ANNUM IN LIEU OF $13,680 PER ANNUM; TWO
CABINETMAKERS AT NOT TO EXCEED $13,395 PER ANNUM EACH IN LIEU OF $12,255
PER ANNUM EACH; A CABINETMAKER AT NOT TO EXCEED $12,225 PER ANNUN; A
FINISHER AT NOT TO EXCEED $13,395 PER ANNUM IN LIEU OF $12,255 PER
ANNUM; AN UPHOLSTERER AT NOT TO EXCEED $13,395 PER ANNUM IN LIEU OF
$12,255 PER ANNUM; AND (E) TWELVE LIEUTENANTS, POLICE FORCE AT NOT TO
EXCEED $17,100 PER ANNUM EACH IN LIEU OF TEN LIEUTENANTS AT $17,100 PER
ANNUM EACH; FORTY-SIX SERGEANTS, POLICE FORCE AT NOT TO EXCEED $14,250
PER ANNUM EACH IN LIEU OF FORTY SERGEANTS AT $14,250 PER ANNUM EACH;
389 PRIVATES, POLICE FORCE AT NOT TO EXCEED $10,830 PER ANNUM EACH IN
LIEU OF 342 PRIVATES AT $10,830 PER ANNUM EACH.
FOR OFFICES OF THE SECRETARY FOR THE MAJORITY AND THE SECRETARY FOR
THE MINORITY, $265,050.
FOR AGENCY CONTRIBUTIONS FOR EMPLOYEE BENEFITS AND LONGEVITY
COMPENSATION, AS AUTHORIZED BY LAW, $4,000,000.
FOR SALARIES AND EXPENSES OF THE OFFICE OF THE LEGISLATIVE COUNSEL OF
THE SENATE, $521,740.
FOR COMPILING, PREPARING, AND EDITING "SENATE PROCEDURE", 1974
EDITION, $5,000, TO BE PAID TO FLOYD M. RIDDICK, PARLIAMENTARIAN OF THE
SENATE.
FOR SALARIES AND EXPENSES OF THE MAJORITY POLICY COMMITTEE AND THE
MINORITY POLICY COMMITTEE, $342,780 FOR EACH SUCH COMMITTEE; IN ALL,
$685,560.
FOR PURCHASE, LEASE, EXCHANGE, MAINTENANCE, AND OPERATION OF
VEHICLES, ONE FOR THE VICE PRESIDENT, ONE FOR THE PRESIDENT PRO TEMPORE,
ONE FOR THE MAJORITY LEADER, ONE FOR THE MINORITY LEADER, ONE FOR THE
MAJORITY WHIP, ONE FOR THE MINORITY WHIP, FOR CARRYING THE MAILS, AND
FOR OFFICIAL USE OF THE OFFICES OF THE SECRETARY AND SERGEANT AT ARMS,
$40,000.
FOR EXPENSES OF INQUIRIES AND INVESTIGATIONS ORDERED BY THE SENATE,
OR CONDUCTED PURSUANT TO SECTION 134(A) OF PUBLIC LAW 601, SEVENTY-NINTH
CONGRESS, //60 STAT. 831, 2 USC 190B.// INCLUDING $538,205 FOR THE
COMMITTEE ON APPROPRIATIONS, TO BE AVAILABLE ALSO FOR THE PURPOSES
MENTIONED IN SENATE RESOLUTION NUMBERED 193, AGREED TO OCTOBER 14, 1943,
$16,253,175.
FOR THE EMPLOYMENT OF PERSONNEL FOR FOLDING SPEECHES AND PAMPHLETS AT
A GROSS RATE OF NOT EXCEEDING $3.68 PER HOUR PER PERSON, $82,045.
FOR MISCELLANEOUS ITEMS, $12,921,450.
FOR POSTAGE STAMPS FOR THE OFFICES OF THE SECRETARIES FOR THE
MAJORITY AND MINORITY, $320; CHAPLAIN, $100; AND FOR THE AIR MAIL AND
SPECIAL DELIVERY STAMPS FOR THE OFFICE OF THE SECRETARY, $610; OFFICE
OF THE SERGEANT AT ARMS, $240; AND THE PRESIDENT OF THE SENATE, AS
AUTHORIZED BY LAW, $1,215; IN ALL, $2,485.
FOR STATIONERY FOR THE PRESIDENT OF THE SENATE, $3,600, AND FOR
COMMITTEES AND OFFICERS OF THE SENATE, $21,850; IN ALL, $25,450.
1. THE PARAGRAPH UNDER THE HEADING "ADMINISTRATIVE PROVISION" IN
CHAPTER IV OF THE SUPPLEMENTAL APPROPRIATIONS ACT, 1972 (2 U.S.C 64B)
//2 USC 64B, 85 STAT. 635.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: "IN THE EVENT THAT THE SECRETARY OF THE SENATE IS ABSENT OR
IS TO BE ABSENT FOR REASONS OTHER THAN DISABILITY (AS PROVIDED IN THIS
PARAGRAPH), AND MAKES A WRITTEN DESIGNATION THAT HE IS OR WILL BE SO
ABSENT, THE ASSISTANT SECRETARY SHALL ACT DURING SUCH ABSENCE AS THE
SECRETARY IN CARRYING OUT THE DUTIES AND RESPONSIBILITIES OF THE OFFICE
IN ALL MATTERS, EXCEPT THOSE MATTERS RELATING TO THE SECRETARY^S DUTIES
AS SUCH DISBURSING OFFICER. THE DESIGNATION MAY BE REVOKED IN WRITING
AT ANY TIME BY THE SECRETARY, AND IS REVOKED WHENEVER THE SECRETARY
MAKING THE DESIGNATION DIES, RESIGNS, OR IS CONSIDERED DISABLED IN
ACCORDANCE WITH THIS PARAGRAPH."
2. (A) WHENEVER--- //2 USC 60C-3.//
(1) THE LAW OF ANY STATE PROVIDES FOR THE COLLECTION OF AN
INCOME TAX BY IMPOSING UPON EMPLOYERS GENERALLY THE DUTY OF
WITHHOLDING SUMS FROM THE COMPENSATION OF EMPLOYEES AND REMITTING
SUCH SUMS TO THE AUTHORITIES OF SUCH STATE; AND
(2) SUCH DUTY TO WITHHOLD IS IMPOSED GENERALLY WITH RESPECT TO
THE COMPENSATION OF EMPLOYEES WHO ARE RESIDENTS OF SUCH STATE;
THEN THE SECRETARY OF THE SENATE IS AUTHORIZED, IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION, TO ENTER INTO AN AGREEMENT WITH THE
APPROPRIATE OFFICIAL OF THAT STATE TO PROVIDE FOR THE WITHHOLDING AND
REMITTANCE OF SUMS FOR INDIVIDUALS---,
(A) WHOSE PAY IS DISBURSED BY THE SECRETARY; AND
(B) WHO REQUEST THE SECRETARY TO MAKE SUCH WITHHOLDING FOR
REMITTANCE TO THAT STATE.
(B) ANY AGREEMENT ENTERED INTO UNDER SUBSECTION(A) OF THIS SECTION
SHALL NOT REQUIRE THE SECRETARY TO REMIT SUCH SUMS MORE OFTEN THAN ONCE
EACH CALENDAR QAUARTER.
(C) (1) AN INDIVIDUAL WHOSE PAY IS DISBURSED BY THE SECRETARY MAY
REQUEST THE SECRETARY TO WITHHOLD SUMS FROM HIS PAY FOR REMITTANCE TO
THE APPROPRIATE AUTHORITIES OF THE STATE THAT HE DESIGNATES. AMOUNTS OF
WITHHOLDINGS SHALL BE MADE IN ACCORDANCE WITH THOSE PROVISIONS OF THE
LAW OF THAT STATE WHICH APPLY GENERALLY TO WITHHOLDING BY EMPLOYERS.
(2) AN INDIVIDUAL MAY HAVE IN EFFECT AT ANY TIME ONLY ONE REQUEST FOR
WITHHOLDINGS, AND HE MAY NOT HAVE MORE THAN TWO SUCH REQUESTS IN EFFECT
WITH RESPECT TO DIFFERENT STATES DURING ANY ONE CALENDAR YEAR. THE
REQUEST FOR WITHHOLDINGS IS EFFECTIVE ON THE FIRST DAY OF THE FIRST
MONTH COMMENCING AFTER THE DAY ON WHICH THE REQUEST IS RECEIVED IN THE
DISBURSING OFFICE OF THE SENATE, EXCEPT THAT---,
(A) WHEN THE SECRETARY FIRST ENTERS INTO AN AGREEMENT WITH A
STATE, A REQUEST FOR WITHHOLDINGS SHALL BE EFFECTIVE ON SUCH DATE
AS THE SECRETARY MAY DETERMINE; AND
(B) WHEN AN INDIVIDUAL FIRST RECEIVES AND APPOINTMENT, THE
REQUEST SHALL BE EFFECTIVE ON THE DAY OF APPOINTMENT, IF THE
INDIVIDUAL MAKES THE REQUEST AT THE TIME OF APPOINTMENT.
(3) AN INDIVIDUAL MAY CHANGE THE STATE DESIGNATED BY HIM FOR THE
PURPOSES OF HAVING WITHHOLDINGS MADE AND REQUEST THAT THE WITHHOLDINGS
BE REMITTED IN ACCORDANCE WITH SUCH CHANGE, AND HE MAY ALSO REVOKE HIS
REQUEST FOR WITHHOLDINGS. ANY CHANGE IN THE STATE OR REVOCATION IS
EFFECTIVE ON THE FIRST MONTH COMMENCING AFTER THE DAY ON WHICH THE
REQUEST FOR CHANGE OR THE REVOCATION IS RECEIVED IN THE DISBURSING
OFFICE.
(4) THE SECRETARY IS AUTHORIZED TO ISSUE RULES AND REGULATIONS HE
CONSIDERS APPROPRIATE IN CARRYING OUT THIS SUBSECTION.
(D) THE SECRETARY MAY ENTER INTO AGREEMENTS UNDER SUBSECTION (A) OF
THIS SECTION AT SUCH TIME OR TIMES AS HE CONSIDERS APPROPRIATE.
(E) THIS SECTION IMPOSES NO DUTY, BURDEN, OR REQUIREMENT UPON THE
UNITED STATES, THE SENATE, OR ANY OFFICER OR EMPLOYEE OF THE UNITED
STATES, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION. NOTHING IN
THIS SECTION SHALL BE DEEMED TO CONSENT TO THE APPLICATION OF ANY
PROVISION OF LAW WHICH HAS THE EFFECT OF SUBJECTING THE UNITED STATES,
THE SENATE OR ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TO ANY
PENALTY OR LIABILITY BY REASON OF THE PROVISIONS OF THIS SECTION. ANY
PAPER, FORM, OR DOCUMENT FILED WITH THE SECRETARY UNDER THIS SECTION IS
A PAPER OF THE SENATE WITHIN THE PROVISIONS OF RULE XXX OF THE STANDING
RULES OF THE SENATE.
(F) FOR THE PURPOSES OF THIS SECTION, "STATE" MEANS ANY OF THE STATES
OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA.
3. (A) THE SERGEANT AT ARMS OF THE SENATE SHALL SECURE FOR EACH
SENATOR OFFICE SPACE SUITABLE FOR THE SENATOR'S OFFICIAL USE IN PLACES
DESIGNATED BY THE SENATOR IN THE STATE HE REPRESENTS. THAT SPACE SHALL
BE SECURED IN POST OFFICES OR OTHER FEDERAL BUILDINGS AT SUCH PLACES.
IN THE EVENT SUITABLE OFFICE SPACE IS NOT AVAILABLE IN POST OFFICES OR
OTHER FEDERAL BUILDINGS, THE SERGEANT AT ARMS SHALL SECURE OTHER OFFICE
SPACE IN THOSE PLACES. //2 USC 59.//
(B) THE AGGREGATE SQUARE FEET OF OFFICE SPACE SECURED FOR SENATOR
SHALL NOT AT ANY TIME EXCEED---
(1) 4,800 SQUARE FEET IF THE POPULATION OF HIS STATE IS LESS
THAN 2,000,000;
(2) 5,000 SQUARE FEET IF SUCH POPULATION IS 2,000,000 BUT LESS
THAN 3,000,000;
(3) 5,200 SQUARE FEET IF SUCH POPULATION IS 3,000,000 BUT LESS
THAN 4,000,000;
(4) 5,400 SQUARE FEET IF SUCH POPULATION IS 4,000,000 BUT LESS
THAN 5,000,000;
(5) 5,800 SQUARE FEET IF SUCH POPULATION IS 5,000,000 BUT LESS
THAN 7,000,000;
(6) 6,200 SQUARE FEET IF SUCH POPULATION IS 7,000,000 BUT LESS
THAN 9,000,000;
(7) 6,400 SQUARE FEET IF SUCH POPULATION IS 9,000,000 BUT LESS
THAN 10,000,000;
(8) 6,600 SQUARE FEET IS SUCH POPULATION IS 10,000,000 BUT LESS
THAN 11,000,000;
(9) 6,800 SQUARE FEET IF SUCH POPULATION IS 11,000,000 BUT LESS
THAN 12,000,000;
(10) 7,000 SQUARE FEET IF SUCH POPULATION IS 12,000,000 BUT
LESS THAN 13,000,000;
(11) 7,400 SQUARE FEET IF SUCH POPULATION IS 13,000,000 BUT
LESS THAN 15,000,000;
(12) 7,800 SQUARE FEET IF SUCH POPULATION IS 15,000,000 BUT
LESS THAN 17,000,000; OR
(13) 8,000 SQUARE FEET IF SUCH POPULATION IS 17,000,000 OR
MORE.
(C) THE MAXIMUM ANNUAL RATE THAT MAY BE PAID FOR THE RENTAL OF AN
OFFICE SECURED FOR A SENATOR NOT IN A POST OFFICE OR OTHER FEDERAL
BUILDING SHALL NOT AT ANY TIME EXCEED THE APPLICABLE RATE PER SQUARE
FOOT CHARGED FEDERAL AGENCIES BY THE ADMINISTRATOR OF GENERAL SERVICES,
BASED UPON A 100 PERCENT BUILDING QUALITY RATING, FOR OFFICE SPACE
LOCATED IN THE PLACE IN WHICH THE SENATOR'S OFFICE IS LOCATED,
MULTIPLIED BY THE NUMBER OF SQUARE FEET CONTAINED IN THAT OFFICE USED BY
THE SENATOR AND HIS EMPLOYEES TO PERFORM THEIR DUTIES.
(D) (1) NOTWITHSTANDING SUBSECTION (B), THE AGGREGATE SQUARE FEET OF
OFFICE SPACE SECURED FOR A SENATOR WHO IS A SENATOR ON JULY 1, 1974,
SHALL NOT AT ANY TIME EXCEED, AS LONG AS HE CONTINUOUSLY SERVES AS A
SENATOR, THE GREATER OF---,
(A) THE APPLICABLE SQUARE FOOTAGE LIMITATION OF SUCH
SUBSECTION; OR
(B) THE TOTAL SQUARE FOOTAGE OF THOSE OFFICES THAT THE SENATOR
HAS ON SUCH DATE AND WHICH ARE CONTINUOUSLY MAINTAINED IN THE SAME
BUILDINGS IN WHICH SUCH OFFICES WERE LOCATED ON SUCH DATE.
(2) THE PROVISIONS OF SUBSECTION (C) DO NOT APPLY TO ANY OFFICE THAT
A SENATOR HAS ON JULY 1, 1974, NOT IN A POST OFFICE OR OTHER FEDERAL
BUILDING, AS LONG AS---,
(A) THAT SENATOR CONTINUOUSLY SERVES AS A SENATOR; AND
(B) THAT OFFICE IS MAINTAINED IN THE SAME BUILDING WHICH IT WAS
LOCATED ON SUCH DATE AND CONTAINS NOT MORE THAN THE SAME NUMBER OF
SQUARE FEET IT CONTAINED ON SUCH DATE.
(E) CLAUSE (4) OF SUBSECTION (A), THE LAST SENTENCE OF SUBSECTION
(C), AND SUBSECTION (D) OF SECTION 506 OF THE SUPPLEMENTAL
APPROPRIATIONS ACT, 1973, ARE REPEALED. //86 STAT. 1505, 2 USC 58.//
(F) THIS SECTION IS EFFECTIVE ON AND AFTER JULY 1, 197J.
4. THE SECRETARY OF THE SENATE, THE SERGEANT AT ARMS AND DOORKEEPER
OF THE SENATE, AND THE LEGISLATIVE COUNSEL OF THE SENATE SHALL EACH BE
PAID AT AN ANNUAL RATE OF COMPENSATION OF $38,190. //2 USC 59 NOTE, 2
USC 61A, 61E, 63A, 273, 61G.// THE SECRETARY FOR THE MAJORITY (AS LONG
AS THAT POSITION IS OCCUPIED BY SUCH INCUMBENT) MAY BE PAID AT A MAXIMUM
ANNUAL RATE OF COMPENSATION NOT TO EXCEED $38,190. //2 USC 274 NOTE.//
THE ASSISTANT SECRETARY OF THE SENATE, THE PARLIAMENTARIAN, AND THE
FINANCIAL CLERK MAY EACH BE PAID AT A MAXIMUM ANNUAL RATE OF
COMPENSATION NOT TO EXCEED $37,620. //2 USC 61H-1, 61H.// THE
ADMINISTRATIVE ASSISTANT IN THE OFFICE OF THE MAJORITY LEADER, THE
ASSISTANT SECRETARY FOR THE MAJORITY, THE ADMINISTRATIVE ASSISTANT IN
THE OFFICE OF THE MINORITY LEADER, AND THE ASSISTANT SECRETARY FOR THE
MINORITY MAY EACH BE PAID AT A MAXIMUM ANNUAL RATE OF COMPENSATION NOT
TO EXCEED $36,765. THE ADMINISTRATIVE ASSISTANT IN THE OFFICE OF THE
MAJORITY WHIP AND THE ADMINISTRATIVE ASSISTANT IN THE OFFICE OF THE
MINORITY WHIP MAY EACH BE PAID AT A MAXIMUM ANNUAL RATE OF COMPENSATION
NOT TO EXCEED $35,625. THE TWO COMMITTEE EMPLOYEES OTHER THAN JOINT
COMMITTEE EMPLOYEES REFERRED TO IN CLAUSE (A), AND THE THREE COMMITTEE
EMPLOYEES REFERRED TO IN CLAUSE (B), OF SECTION 105(E)(3) OF THE
LEGISLATIVE BRANCH APPROPRIATION ACT, 19658, AS AMENDED AND MODIFIED,
//84 STAT. 1181; 86 STAT. 1505, 2 USC 61 - 1.// MAY EACH BE PAID AT A
MAXIMUM ANNUAL RATE OF COMPENSATION NOT TO EXCEED $37,050. THE FOUR
COMMITTEE EMPLOYEES OTHER THAN JOINT COMMITTEE EMPLOYEES REFERRED TO IN
SUCH CLAUSE (A) AND THE SIXTEEN COMMITTEE EMPLOYEES REFERRED TO IN SUCH
CLAUSE (B) MAY EACH BE PAID AT A MAXIMUM ANNUAL RATE OF COMPENSATION NO
TO EXCEED $36,625. THE ONE EMPLOYEE IN A SENATOR'S OFFICE REFERRED TO
IN SECTION 105 (D) (2) (II) OF SUCH ACT //81 STAT. 142; 87 STAT.
532.// MAY BE PAID AT A MAXIMUM ANNUAL RATE OF COMPENSATION NOT TO
EXCEED $37,050. ANY OFFICER OR EMPLOYEE WHOSE PAY IS SUBJECT TO THE
MAXIMUM LIMITATION REFERRED TO IN SECTION 105 (F) OF SUCH ACT //84 STAT.
1181, 2 USC 60A NOTE.// MAY BE PAID AT A MAXIMUM ANNUAL RATE OF
COMPENSATION NOT TO EXCEED $37,050. THIS PARAGRAPH DOES NOT SUPERSEDE
(1) ANY PROVISION OF AN ORDER OF THE PRESIDENT PRO TEMPORE OF THE SENATE
AUTHORIZING A HIGHER RATE OF COMPENSATION, AND (2) ANY AUTHORITY OF THE
PRESIDENT PRO TEMPORE TO ADJUST RATES OF COMPENSATION OR LIMITATIONS
REFERRED TO IN THIS PARAGRAPH UNDER SECTION 4 OF THE FEDERAL PAY
COMPARABILITY ACT OF 1970. //84 STAT. 1952; 86 STAT. 575.// THIS
PARAGRAPH IS EFFECTIVE JULY 1, 1974. //2 USC 60A NOTE.//
5. EFFECTIVE JULY 1, 1974, THE LAST FULL PARAGRAPH UNDER THE HEADING
"ADMINISTRATIVE PROVISIONS" IN THE APPROPRIATION FOR THE SENATE IN THE
LEGISLATIVE BRANCH APPROPRIATION ACT, 1972, //85 STAT. 128, 40 USC
206C.// IS AMENDED TO READ AS FOLLOWS:
"EACH OFFICER OR MEMBER OF THE CAPITOL POLICE FORCE WHOSE
COMPENSATION IS DISBURSED BY THE SECRETARY OF THE SENATE, WHO PERFORMS
DUTY IN ADDITION TO THE NUMBER OF HOURS OF HIS REGULARLY SCHEDULED TOUR
OF DUTY FOR ANY DAY ON OR AFTER JULY 1, 1974, IS ENTITLED TO BE PAID
COMPENSATION (WHEN ORDERED TO PERFORM SUCH DUTY BY PROPER AUTHORITY) OR
RECEIVE COMPENSATORY TIME OFF FOR EACH SUCH ADDITIONAL HOUR OF DUTY,
EXCEPT THAT AN OFFICER SHALL BE ENTITLED TO SUCH COMPENSATION ONLY UPON
A DETERMINATION MADE BY THE CAPITOL POLICE BOARD WITH RESPECT TO ANY
ADDITIONAL HOURS. COMPENSATION OF AN OFFICER OR MEMBER FOR EACH
ADDITIONAL HOUR OF DUTY SHALL BE PAID AT A RATE EQUAL TO HIS HOURLY RATE
OF COMPENSATION IN THE CASE OF AN OFFICER, AND AT A RATE EQUAL TO ONE
AND ONE-HALF TIMES HIS HOURLY RATE OF COMPENSATION FOR A MEMBER OF SUCH
FORCE. THE HOURLY RATE OF COMPENSATION OF SUCH OFFICER OR MEMBER SHALL
BE DETERMINED BY DIVIDING HIS ANNUAL RATE OF COMPENSATION BY 2,080. ANY
OFFICER OR MEMBER ENTITLED TO BE PAID COMPENSATION FOR SUCH ADDITIONAL
HOURS SHALL MAKE A WRITTEN ELECTION, WHICH IS IRREVOCABLE, WHETHER HE
DESIRES TO BE PAID THAT COMPENSATION OR TO RECEIVE COMPENSATORY TIME OFF
INSTEAD FOR EACH SUCH HOUR. COMPENSATION DUE OFFICERS AND MEMBERS UNDER
THIS PARAGRAPH SHALL BE PAID BY THE SECRETARY, UPON CERTIFICATION BY THE
CHIEF OF THE CAPITOL POLICE AT THE END OF EACH CALENDAR QUARTER AND
APPROVAL OF THE CAPITOL POLICE BOARD, FROM FUNDS AVAILABLE IN THE SENATE
APPROPRIATION, 'SALARIES, OFFICERS AND EMPLOYEES' FOR THE FISCAL YEAR IN
WHICH THE ADDITIONAL HOURS OF DUTY ARE PERFORMED WITHOUT REGARD TO THE
LIMITATIONS SPECIFIED THEREIN. ANY COMPENSATORY TIME OFF ACRUED AND NOT
USED BY AN OFFICER OR MEMBER AT THE TIME HE IS SEPARATED FORM SERVICE ON
THE CAPITOL POLICE FORCE MAY NOT BE TRANSFERRED TO ANY OTHER DEPARTMENT,
AGENCY, OR ESTABLISHMENT OF THE UNITED STATES GOVERNMENT OR THE
GOVERNMENT OF THE DISTRICT OF COLUMBIA, AND NO LUMP-SUM AMOUNT SHALL BE
PAID FOR SUCH ACCRUED TIME. THE CAPITOL POLICE BOARD IS AUTHORIZED TO
PRESCRIBE REGULATIONS TO CARRY OUT THIS PARAGRAPH.".
6. EFFECTIVE JULY 1, 1974, THE FIRST SENTENCE OF SECTION 105 (D) (1)
(A) OF THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1968, AS AMENDED AND
MODIFIED, //87 STAT. 533, 2 USC 61 - 1.// IS AMENDED TO READ AS FOLLOWS:
"THE AGGREGATE OF GROSS COMPENSATION PAID EMPLOYEES IN THE OFFICE OF A
SENATOR SHALL NOT EXCEED DURING EACH CALENDAR YEAR THE FOLLOWING:
"$370,215 IF THE POPULATION OF HIS STATE IS LESS THAN
2,000,000;
"$381,330 IF SUCH POPULATION IS 2,000,000 BUT LESS THAN
3,000,000;
"$408,120 IF SUCH POPULATION IS 3,000,000 BUT LESS THAN
4,000,000;
"$442,605 IF SUCH POPULATION IS 4,000,000 BUT LESS THAN
5,000,000;
"$470,820 IF SUCH POPULATION IS 5,000,000 BUT LESS THAN
7,000,000;
"$500,460 IF SUCH POPULATION IS 7,000,000 BUT LESS THAN
9,000,000;
"$532,665 IF SUCH POPULATION IS 9,000,000 BUT LESS THAN
10,000,000;
"$557,460 IF SUCH POPULATION IS 10,000,000 BUT LESS THAN
11,000,000;
"$589,950 IF SUCH POPULATION IS 11,000,000 BUT LESS THAN
12,000,000;
"$614,745 IF SUCH POPULATION IS 12,000,000 BUT LESS THAN
13,000,000;
"$646,380 IF SUCH POPULATION 13,000,000 BUT LESS THAN
15,000,000;
"$678,015 IF SUCH POPULATION IS 15,000,000 BUT LESS THAN
17,000,000;
"$709,650 IF SUCH POPULATION IS 17,000,000 OR MORE."
7. ANY WITNESS REQUESTED TO APPEAR BEFORE THE MAJORITY POLICY
COMMITTEE OR THE MINORITY POLICY COMMITTEE SHALL BE ENTITLED TO A
WITNESS FEE FOR EACH FULL DAY SPENT IN TRAVELING TO AND FROM THE PLACE
AT WHICH HE IS TO APPEAR, AND REIMBURSEMENT OF ACTUAL AND NECESSARY
TRANSPORTATION EXPENSES INCURRED IN TRAVELING TO AND FROM THAT PLACE, AT
RATES NOT TO EXCEED THOSE RATES PAID WITNESSES APPEARING BEFORE
COMMITTEES OF THE SENATE. //2 USC 195B.//
FOR COMPENSATION OF MEMBERS, AS AUTHORIZED BY LAW (WHEREVER USED
HEREIN THE TERM "MEMBER" SHALL INCLUDE MEMBERS OF THE HOUSE OF
REPRESENTATIVES, THE RESIDENT COMMISSIONER FROM PUERTO RICO, THE
DELEGATE FROM THE DISTRICT OF COLUMBIA, THE DELEGATE FROM GUAM, AND THE
DELEGATE FROM THE VIRGIN ISLANDS), $20,373,580.
FOR MILEAGE OF MEMBERS, AS AUTHORIZED BY LAW, $210,000.
FOR SALARIES AND EXPENSES, AS AUTHORIZED BY LAW, $1,095,655,
INCLUDING: OFFICE OF THE SPEAKER, $316,090, INCLUDING $10,000 FOR
OFFICIAL EXPENSES OF THE SPEAKER; OFFICE OF THE MAJORITY FLOOR LEADER;
MINORITY FLOOR LEADER, $174,185, INCLUDING $3,000 FOR OFFICIAL EXPENSES
OF THE MINORITY LEADER; MAJORITY WHIP, $188,445, INCLUDING NOT TO
EXCEED $41,910 FOR THE CHIEF DEPUTY MAJORITY WHIP; MINORITY WHIP,
$188,445, INCLUDING NOT TO EXCEED $41,910 FOR THE CHIEF DEPUTY MINORITY
WHIP.
FOR COMPENSATION AND EXPENSES OF OFFICERS AND EMPLOYEES, AS
AUTHORIZED BY LAW, $16,548,150, INCLUDING: OFFICE OF THE CLERK,
$3,726,145; OFFICE OF THE SERGEANT AT ARMS, $6,771,610; OFFICE OF THE
DOORKEEPER, $3,166,205; OFFICE OF THE POSTMASTER, $924,645, INCLUDING
$16,840 FOR EMPLOYMENT OF SUBSTITUTE MESSENGERS AND EXTRA SERVICES OR
REGULAR EMPLOYEES WHEN REQUIRED AT THE SALARY RATE OF NOT TO EXCEED
$9,091 PER ANNUM EACH; OFFICE OF THE CHAPLAIN, $19,770; OFFICE OF THE
PARLIAMENTARIAN, INCLUDING THE PARLIAMENTARIAN AND $2,000 FOR PREPARING
THE DIGEST OF THE RULES, $196,020; FOR COMPILING THE PRECEDENTS OF THE
HOUSE OF REPRESENTATIVES, $195,000; OFFICIAL REPORTERS OF DEBATES,
$467,685; OFFICIAL REPORTERS TO COMMITTEES, $520,395; TWO PRINTING
CLERKS, ONE FOR THE MAJORITY APPOINTED BY THE MAJORITY LEADER AND ONE
FOR THE MINORITY APPOINTED BY THE MINORITY LEADER, $26,935 TO BE EQUALLY
DIVIDED; A TECHNICAL ASSISTANT IN THE OFFICE OF THE ATTENDING
PHYSICIAN, TO BE APPOINTED BY THE ATTENDING PHYSICIAN SUBJECT TO THE
APPROVAL OF THE SPEAKER, $24,205; THE HOUSE DEMOCRATIC STEERING
COMMITTEE, $148,710; THE HOUSE REPUBLICAN CONFERENCE, $148,710; AND
SIX MINORITY EMPLOYEES, $212,115.
SUCH AMOUNTS AS DEEMED NECESSARY FOR THE PAYMENT OF SALARIES OF
OFFICERS AND EMPLOYEES WITHIN THIS APPROPRIATION MAY BE TRANSFERRED
AMONG OFFICES UPON THE APPROVAL OF THE COMMITTEE ON APPROPRIATIONS OF
THE HOUSE OF REPRESENTATIVES.
FOR PROFESSIONAL AND CLERICAL EMPLOYEES OF STANDING COMMITTEES,
INCLUDING THE COMMITTEE ON APPROPRIATIONS, $85,624,000.
FOR SALARIES AND EXPENSES, STUDIES AND EXAMINATIONS OF EXECUTIVE
AGENCIESK, BY THE COMMITTEE ON APPROPRIATIONS, AND TEMPORARY PERSONAL
SERVICES FOR SUCH COMMITTEE, TO BE EXPENDED IN ACCORDANCE WITH SECTION
202 (B) OF THE LEGISLATIVE REORGANIZATION ACT, 1946, //60 STAT. 5834, 2
USC 72A.// AND TO BE AVAILABLE FOR REIMBURSEMENT TO AGENCIES FOR
SERVICES PERFORMED, $1,875,000.
FOR SALARIES AND EXPENSES OF THE OFFICE OF THE LEGISLATIVE COUNSEL OF
THE HOUSE, $1,067,000.
FOR STAFF EMPLOYED BY EACH MEMBER IN THE DISCHARGE OF HIS OFFICIAL
AND REPRESENTATIVE DUTIES, $80,000,000.
FOR MISCELLANEOUS ITEMS, EXCLUSIVE OF SALARIES UNLESS SPECIFICALLY
ORDERED BY THE HOUSE OF REPRESENTATIVES, FOR PURCHASE, EXCHANGE,
OPERATION, MAINTENANCE, AND REPAIR OF HOUSE MOTOR VEHICLES (THE CLERK'S
AUTOMOBILE AND MOTOR TRUCKS, THE SERGEANT AT ARMS' AUTOMOBILE, THE POST
OFFICE MOTOR VEHICLE, AND THE PUBLICATIONS DISTRIBUTION SERVICE MOTOR
TRUCK); AND NOT TO EXCEED $5,000 FOR THE PURPOSES AUTHORIZED BY SECTION
1 OF HOUSE RESOLUTION 3485, APPROVED JUNE 29, 1961, $12,059,700.
FOR TELEGRAPH AND TELEPHONE SERVICE, EXCLUSIVE OF PERSONAL SERVICES,
$6,000,000.
FOR A STATIONERY ALLOWANCE FOR EACH MEMBER FOR THE FIRST SESSION OF
THE NINETY-FOURTH CONGRESS, AS AUTHORIZED BY LAW, $2,304,750, TO REMAIN
AVAILABLE UNTIL EXPENDED.
POSTAGE STAMP ALLOWANCES FOR THE FIRST SESSION OF THE NINETY-FOURTH
CONGRESS, AS AUTHORIZED BY LAW, $419,530.
FOR CONTRIBUTIONS TO EMPLOYEES LIFE INSURANCE FUND, RETIREMENT FUND,
AND HEALTH BENEFITS FUND, AS AUTHORIZED BY LAW, $6,668,900, AND IN
ADDITION, SUCH AMOUNTS AS MAY BE NECESSARY MAY BE TRANSFERRED FROM THE
APPROPRIATION FOR "MISCELLANEOUS ITEMS".
FOR SALARIES AND EXPENSES OF SPECIAL AND SELECT COMMITTEES AUTHORIZED
BY THE HOUSE, $14,618,000.
FOR STENOGRAPHIC REPORTS OF HEARINGS OF COMMITTEES OTHER THAN SPECIAL
AND SELECT COMMITTEES, $422,500.
FOR PURCHASE AND REPAIR OF FURNITURE, CARPETS AND DRAPERIES,
INCLUDING SUPPLIES, TOOLS AND EQUIPMENT FOR REPAIR SHOPS; AND FOR
PURCHASE OF PACKING BOXES, $996,000.
FOR PURCHASE, EXCHANGE, HIRE, DRIVING, MAINTENANCE, REPAIR, AND
OPERATION OF AUTOMOBILES FOR THE LEADERSHIP OF THE HOUSE OF
REPRESENTATIVES,K INCLUDING ONE EACH FOR THE SPEAKER, THE MAJORITY
LEADER, AND THE MINORITY LEADERK, $61,095.
FOR PREPARATION AND EDITING OF THE LAWS AS AUTHORIZED BY 1 U.S.C.
202, 203, 213, $39,980, TO BE EXPENDED UNDER THE DIRECTION OF THE
COMMITTEE ON THE JUDICIARY. //61 STAT. 637.//
FOR THE PREPARATION OF A NEW EDITION OF THE DISTRICT OF COLUMBIA
CODE, $100,000, TO REMAIN AVAILABLE UNTIL EXPENDED, AND TO BE EXPENDED
UNDER THE DIRECTION OF THE COMMITTEE ON THE JUDICIARY.
THE PROVISIONS OF HOUSE RESOLUTION 427, NINETY-THIRD CONGRESS,
RELATING TO POSTAGE STAMPS FOR THE CHAPLAIN OF THE HOUSE OF
REPRESENTATIVES, SHALL BE THE PERMANENT LAW WITH RESPECT THERETO.
FOR JOINT COMMITTEES, AS FOLLOWS:
FOR AN AMOUNT TO ENABLE THE JOINT COMMITTEE ON REDUCTION OF FEDERAL
EXPENDITURES TO CARRY OUT THE DUTIES IMPOSED UPON IT BY SECTION 601 OF
THE REVENUE ACT OF 1941 (55 STAT. 726), //79 STAT. 1026.// TO REMAIN
AVAILABLE DURING THE EXISTENCE OF THE COMMITTEE, $80,400, TO BE
DISBURSED BY THE SECRETARY OF THE SENATE.
FOR SALARIES AND EXPENSES OF THE JOINT ECONOMIC COMMITTEE, $950,000.
FOR AN AMOUNT (TO BE DISBURSED BY THE SECRETARY OF THE SENATE ON
VOUCHERS SIGNED BY THE CHAIRMAN OR VICE CHAIRMAN AND THE CHAIRMAN OF THE
SUBCOMMITTEE) FOR THE SUBCOMMITTEE ON FISCAL POLICY, $135,000, TO BE
AVAILABLE UNTIL DECEMBER 31, 1974.
FOR SALARIES AND EXPENSES OF THE JOINT COMMITTEE ON ATOMIC ENERGY,
$611,345.
FOR SALARIES AND EXPENSES OF THE JOINT COMMITTEE ON PRINTING,
$349,100.
FOR SALARIES AND EXPENSES OF THE JOINT COMMITTEE ON INTERNAL REVENUE
TAXATION, $1,106,165.
FOR SALARIES AND EXPENSES OF THE JOINT COMMITTEE ON DEFENSE
PRODUCTION, $154,050.
FOR SALARIES AND EXPENSES OF THE JOINT COMMITTEE ON CONGRESSIONAL
OPERATIONS, INCLUDING THE OFFICE OF PLACEMENT AND OFFICE MANAGEMENT,
$600,000.
FOR OTHER JOINT ITEMS, AS FOLLOWS:
FOR MEDICAL SUPPLIES, EQUIPMENT, AND CONTINGENT EXPENSES OF THE
EMERGENCY ROOMS, AND FOR THE ATTENDING PHYSICIAN AND HIS ASSISTANTS,
INCLUDING (1) AN ALLOWANCE OF ONE THOUSAND DOLLARS PER MONTH TO THE
ATTENDING PHYSICIAN; (2) AN ALLOWANCE OF SIX HUNDRED DOLLARS PER MONTH
TO ONE SENIOR MEDICAL OFFICER WHILE ON DUTY IN THE ATTENDING PHYSICIAN'S
OFFICE; (3) AN ALLOWANCE OF TWO HUNDRED DOLLARS PER MONTH EACH TO TWO
MEDICAL OFFICERS WHILE ON DUTY IN THE ATTENDING PHYSICIAN'S OFFICE; AND
(4) AN ALLOWANCE OF TWO HUNDRED DOLLARS PER MONTH EACH TO NOT EXCEED
EIGHT ASSISTANTS ON THE BASIS HERETOFORE PROVIDED FOR SUCH ASSISTANCE,
$103,600.
FOR PURCHASING AND SUPPLYING UNIFORMS; THE PURCHASE, MAINTENANCE,
AND REPAIR OF POLICE MOTOR VEHICLES, INCLUDING TWO-WAY POLICE RADIO
EQUIPMENT; CONTINGENT EXPENSES, INCLUDING $25 PER MONTH FOR EXTRA
SERVICES PERFORMED FOR THE CAPITOL POLICE BOARD BY SUCH MEMBER OF THE
STAFF OF THE SERGEANT AT ARMS OF THE SENATE OR THE HOUSE AS MAY BE
DESIGNATED BY THE CHAIRMAN OF THE BOARD; $513,360.
TO ENABLE THE CAPITOL POLICE BOARD TO PROVIDE ADDITIONAL PROTECTION
FOR THE CAPITOL BUILDINGS AND GROUNDS, INCLUDING THE SENATE AND HOUSE
OFFICE BUILDINGS AND THE CAPITOL POWER PLANT, $1,214,255. SUCH SUM
SHALL BE EXPENDED ONLY FOR PAYMENT OF SALARIES AND OTHER EXPENSES OF
PERSONNEL DETAILED FROM THE METROPOLITAN POLICE OF THE DISTRICT OF
COLUMBIA, AND THE COMMISSIONER OF THE DISTRICT OF COLUMBIA IS AUTHORIZED
AND DIRECTED TO MAKE SUCH DETAILS UPON THE REQUEST OF THE BOARD. //D.
C. CODE 9 - 12 6A.// PERSONNEL SO DETAILED SHALL, DURING THE PERIOD OF
SUCH DETAIL, SERVE UNDER THE DIRECTION AND INSTRUCTIONS OF THE BOARD AND
ARE AUTHORIZED TO EXERCISE THE SAME AUTHORITY AS MEMBERS OF SUCH
METROPOLITAN POLICE AND MEMBERS OF THE CAPITOL POLICE AND TO PERFORM
SUCH OTHER DUTIES AS MAY BE ASSIGNED BY THE BOARD. REIMBURSEMENT FOR
SALARIES AND OTHER EXPENSES OF SUCH DETAIL PERSONNEL SHALL BE MADE TO
THE GOVERNMENT OF THE DISTRICT OF COLUMBIA, AND ANY SUMS SO REIMBURSED
SHALL BE CREDITED TO THE APPROPRIATION OR APPROPRIATIONS FROM WHICH SUCH
SALARIES AND EXPENSES ARE PAYABLE AND SHALL BE AVIALABLE FOR ALL THE
PURPOSES THEREOF: PROVIDED, THAT ANY PERSON DETAILED UNDER THE
AUTHORITY OF THIS PARAGRAPH OR UNDER SIMILAR AUTHORITY IN THE
LEGISLATIVE BRANCH APPROPRIATION ACT, 1942, //55 STAT. 456.// AND THE
SECOND DEFICIENCY APPROPRIATION ACT, 1940, //54 STAT. 629.// FROM THE
METROPOLITAN POLICE OF THE DISTRICT OF COLUMBIA SHALL BE DEEMED A MEMBER
OF SUCH METROPOLITAN POLICE DURING THE PERIOD OR PERIODS OF ANY SUCH
DETAIL FOR ALL PURPOSES OF RANK, PAY, ALLOWANCES, PRIVILEGES, AND
BENEFITS TO THE SAME EXTENT AS THOUGH SUCH DETAIL HAD NOT BEEN MADE, AND
AT THE TERMINATION THEREOF ANY SUCH PERSON SHALL HAVE A STATUS WITH
RESPECT TO RANK, PAY, ALLOWANCES, PRIVILEGES, AND BENEFITS WHICH IS NOT
LESS THAN THE STATUS OF SUCH PERSON IN SUCH POLICE AT THE END OF SUCH
DETAIL: PROVIDED FURTHER, THAT THE COMMISSIONER OF THE DISTRICT OF
COLUMBIA IS DIRECTED (1) TO PAY THE ASSISTANT CHIEF DETAILED UNDER THE
AUTHORITY OF THIS PARAGRAPH AND SERVING AS CHIEF OF THE CAPITOL POLICE,
THE SALARY OF ASSISTANT CHIEF PLUS $2,000 AND SUCH INCREASES IN BASIC
COMPENSATION AS MAY BE SUBSEQUENTLY PROVIDED BY LAW SO LONG AS THIS
POSITION IS HELD BY THE PRESENT INCUMBENT, (2) TO PAY THE TWO DEPUTY
CHIEFS DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH AND SERVING AS
ASSISTANTS TO THE CHIEF OF THE CAPITOL POLICE THE SALARY OF DEPUTY CHIEF
AND SUCH INCREASES IN BASIC COMPENSATION AS MAY BE SUBSEQUENTLY PROVIDED
BY LAW SO LONG AS THESE POSITIONS ARE HELD BY THE PRESENT INCUMBENTS,
(3) TO PAY THE INSPECTOR DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH
THE SALARY OF INSPECTOR PLUS $1,625 AND SUCH INCREASES IN BASIC
COMPENSATION AS MAY BE SUBSEQUENTLY PROVIDED BY LAW SO LONG AS THIS
POSITION IS HELD BY THE PRESENT INCUMBENT, (4) TO PAY THE CAPTAIN
DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH THE SALARY OF CAPTAIN
PLUS $1,625 AND SUCH INCREASES IN BASIC COMPENSATION AS MAY BE
SUBSEQUENTLY PROVIDED BY LAW SO LONG AS THIS POSITION IS HELD BY THE
PRESENT INCUMBENT, (5) TO ELEVATE AND PAY THE LIEUTENANT DETAILED UNDER
THE AUTHORITY OF THIS PARAGRAPH THE RANK AND SALARY OF CAPTAIN PLUS
$1,625 AND SUCH INCREASES IN BASIC COMPENSATION AS MAY BE SUBSEQUENTLY
PROVIDED BY LAW SO LONG AS THIS POSITION IS HELD BY THE PRESENT
INCUMBENT, (6) TO ELEVATE AND PAY THE DETECTIVE SERGEANT AND UNIFORM
SERGEANT DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH THE SALARY OF
LIEUTENANT AND SUCH INCREASES IN BASIC COMPENSATION AS MAY BE
SUBSEQUENTLY PROVIDED BY LAW SO LONG AS THESE POSITIONS ARE HELD BY THE
PRESENT INCUMBENTS, (7) TO PAY THE FOUR DETECTIVE SERGEANTS DETAILED
UNDER THE AUTHORITY OF THIS PARAGRAPH THE SALARY OF DETECTIVE SERGEANT
AND SUCH INCREASES IN BASIC COMPENSATION AS MAY BE SUBSEQUENTLY PROVIDED
BY LAW SO LONG AS THESE POSITIONS ARE HELD BY THE PRESENT INCUMBENTS,
(8) TO PAY THE TWO SERGEANTS OF THE UNIFORM FORCE DETAILED UNDER THE
AUTHORITY OF THIS PARAGRAPH THE SALARY OF SERGEANT AND SUCH INCREASES IN
BASIC COMPENSATION AS MAY BE SUBSEQUENTLY PROVIDED BY LAW SO LONG AS
THESE POSITIONS ARE HELD BY THE PRESENT INCUMBENTS, (9) TO ELEVATE AND
PAY THE DESK SERGEANT DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH THE
RANK AND SALARY OF UNIFORM SERGEANT AND SUCH INCREASES IN BASIC
COMPENSATION AS MAY BE SUBSEQUENTLY PROVIDED BY LAW SO LONG AS THIS
POSITION IS HELD BY THE PRESENT INCUMBENT, AND (10) TO ELEVATE AND PAY
THE ACTING SERGEANT DETAILED UNDER THE AUTHORITY OF THIS PARAGRAPH THE
RANK AND SALARY OF UNIFORM SERGEANT AND SUCH INCREASES IN BASIC
COMPENSATION AS MAY BE SUBSEQUENTLY PROVIDED BY LAW SO LONG AS THIS
POSITION IS HELD BY THE PRESENT INCUMBENT.
NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE PAID AS
COMPENSATION TO ANY PERSON APPOINTED AFTER JUNE 30, 1935, AS AN OFFICER
OR MEMBER OF THE CAPITOL POLICE WHO DOES NOT MEET THE STANDARDS TO BE
PRESCRIBED FOR SUCH APPOINTEES BY THE CAPITOL POLICE BOARD: PROVIDED,
THAT THE CAPITOL POLICE BOARD IS HEREBY AUTHORIZED TO DETAIL POLICE FROM
THE HOUSE OFFICE, SENATE OFFICE, AND CAPITOL BUILDINGS FOR POLICE DUTY
ON THE CAPITOL GROUNDS AND ON THE LIBRARY OF CONGRESS GROUNDS.
FOR EDUCATION OF CONGRESSIONAL PAGES AND PAGES OF THE SUPREME COURT,
PURSUANT TO PART 9 OF TITLE IV OF THE LEGISLATIVE REORGANIZATION ACT,
1970, //84 STAT. 1198, 2 USC 88B-1 AND NOTE, 40 USC 184A.// AND SECTION
243 OF THE LEGISLATIVE REORGANIZATION ACT, 1946, //60 STAT. 839, 2 USC
88A.// $142,780, WHICH AMOUNT SHALL BE ADVANCED AND CREDITED TO THE
APPLICABLE APPROPRIATION OF THE DISTRICT OF COLUMBIA, AND THE BOARD OF
EDUCATION OF THE DISTRICT OF COLUMBIA IS HEREBY AUTHORIZED TO EMPLOY
SUCH PERSONNEL FOR THE EDUCATION OF PAGES AS MAY BE REQUIRED AND TO PAY
COMPENSATION FOR SUCH SERVICES IN ACCORDANCE WITH SUCH RATES OF
COMPENSATION AS THE BOARD OF EDUCATION MAY PRESCRIBE. //D. C. CODE 31 -
121.//
FOR EXPENSES NECESSARY FOR OFFICIAL MAIL COSTS PURSUANT TO TITLE 39,
U.S.C., SECTION 3216, //87 STAT. 745.// $38,756,015, TO BE AVAILABLE
IMMEDIATELY.
THE FOREGOING AMOUNTS UNDER "OTHER JOINT ITEMS" SHALL BE DISBURSED BY
THE CLERK OF THE HOUSE.
FOR SALARIES AND EXPENSES OF THE CAPITOL GUIDE SERVICE, $348,760, TO
BE DISBURSED BY THE SECRETARY OF THE SENATE: PROVIDED, THAT NONE OF
THESE FUNDS SHALL BE USED TO EMPLOY MORE THAN TWENTY-EIGHT INDIVIDUALS.
FOR THE PREPARATION, UNDER THE DIRECTION OF THE COMMITTEES ON
APPROPRIATIONS OF THE SENATE AND HOUSE OF REPRESENTATIVES, OF THE
STATEMENTS FOR THE SECOND SESSION OF THE NINETY-THIRD CONGRESS, SHOWING
APPROPRIATIONS MADE, INDEFINITE APPROPRIATIONS, AND CONTRACTS
AUTHORIZED, TOGETHER WITH A CHRONOLOGICAL HISTORY OF THE REGULAR
APPROPRIATION BILL AS REQUIRED BY LAW, $13,000, TO BE PAID TO THE
PERSONS DESIGNATED BY THE CHAIRMAN OF SUCH COMMITTEES TO SUPERVISE THE
WORK.
SECTION 106 (A) OF THE LEGISLATIVE BRANCH APPROPRIATION ACT, 1963, IS
AMENDED BY ADDING AT THE END THEREOF:
"(8) THE CHIEF GUIDE, ASSISTANT CHIEF GUIDE, AND EACH GUIDE OF THE
CAPITOL GUIDE SERVICE ESTABLISHED UNDER SECTION 441 OF THE LEGISLATIVE
REORGANIZATION ACT OF 1970." //84 STAT. 694, 40 USC 851.//
FOR SALARIES AND EXPENSES NECESSARY TO CARRY OUT THE PROVISIONS OF
THE TECHNOLOGY ASSESSMENT ACT OF 1972 (PUBLIC LAW 92 - 484), //86 STAT.
797, 2 USC 741 NOTE.// $4,000,000: PROVIDED, THAT FUNDS REMAINING
UNOBLIGATED AS OF JUNE 30, 1974, SHALL BE MERGED WITH AND ALSO BE
AVAILABLE FOR THE GENERAL PURPOSES OF THIS APPROPRIATION.
FOR THE ARCHITECT OF THE CAPITOL; THE ASSISTANT ARCHITECT OF THE
CAPITOL; THE EXECUTIVE ASSISTANT; AND OTHER PERSONAL SERVICES; AT
RATES OF PAY PROVIDED BY LAW, $1,395,600.
APPROPRIATIONS UNDER THE CONTROL OF THE ARCHITECT OF THE CAPITOL
SHALL BE AVAILABLE FOR EXPENSES OF TRAVEL ON OFFICIAL BUSINESS NOT TO
EXCEED IN THE AGGREGATE UNDER ALL FUNDS THE SUM OF $20,000. //40 USC
166A.//
TO ENABLE THE ARCHITECT OF THE CAPITOL TO MAKE SURVEYS AND STUDIES,
TO INCUR EXPENSES AUTHORIZED BY THE ACT OF DECEMBER 13, 1973 (87 STAT.
704), //40 USC 166D, 166E.// AND TO MEET UNFORESEEN EXPENSES IN
CONNECTION WITH ACTIVITIES UNDER HIS CARE, $140,000.
FOR NECESSARY EXPENDITURES FOR THE CAPITOL BUILDING AND ELECTRICAL
SUBSTATIONS OF THE SENATE AND HOUSE OFFICE BUILDINGS, UNDER THE
JURISDICTION OF THE ARCHITECT OF THE CAPITOL, INCLUDING IMPROVEMENTS,
MAINTENANCE, REPAIR, EQUIPMENT, SUPPLIES, MATERIAL, FUEL, OIL, WASTE,
AND APPURTENANCES; FURNISHINGS AND OFFICE EQUIPMENT; SPECIAL AND
PROTECTIVE CLOTHING FOR WORKMEN; UNIFORMS OR ALLOWANCES THEREFOR AS
AUTHORIZED BY LAW (5 U.S.C. 5901 - 5902); //80 STAT. 508; 81 STAT.
206.// PERSONAL AND OTHER SERVICES; CLEANING AND REPAIRING WORKS OF ART
AND PREVENTION AND ERADICATION OF INSECT AND OTHER PESTS WITHOUT REGARD
TO SECTION 3709 OF THE REVISED STATUTES, AS AMENDED; //41 USC 5.//
PURCHASE OR EXCHANGE, MAINTENANCE AND OPERATION OF A PASSENGER MOTOR
VEHICLE; PURCHASE OF NECESSARY REFERENCE BOOKS AND PERIODICALS; FOR
EXPENSES OF ATTENDANCE, WHEN SPECIFICALLY AUTHORIZED BY THE ARCHITECT OF
THE CAPITOL, AT MEETINGS OR CONVENTIONS IN CONNECTION WITH SUBJECTS
RELATED TO WORK UNDER THE ARCHITECT OF THE CAPITOL, $4,428,500.
NOT TO EXCEED $950,000 OF THE UNOBLIGATED BALANCE OF THAT PART OF THE
APPROPRIATION UNDER THIS HEAD FOR THE FISCAL YEAR 1973, MADE AVAILABLE
UNTIL JUNE 30, 1974, FOR RESTORATION OF THE OLD SENATE AND SUPREME COURT
CHAMBERS, IS HEREBY CONTINUED AVAILABLE UNTIL JUNE 30, 1975.
NOT TO EXCEED $177,000 OF THE UNOBLIGATED BALANCE OF THE
APPROPRIATION UNDER THIS HEAD FOR THE FISCAL YEAR 1974 IS HEREBY
CONTINUED AVAILABLE UNTIL JUNE 30, 1975.
FOR CARE AND IMPROVEMENT OF GROUNDS SURROUNDING THE CAPITOL, THE
SENATE AND HOUSE OFFICE BUILDINGS, AND THE CAPITOL POWER PLANT;
PERSONAL AND OTHER SERVICES; CARE OF TREES; PLANTING; FERTILIZER;
REPAIRS TO PAVEMENTS, WALKS, AND ROADWAYS; WATERPROOF WEARING APPAREL;
MAINTENANCE OF SIGNAL LIGHTS; AND FOR SNOW REMOVAL BY HIRE OF MEN AND
EQUIPMENT OR UNDER CONTRACT WITHOUT REGARD TO SECTION 3709 OF THE
REVISED STATUTES, AS AMENDED; $1,176,400.
THE AMOUNT OF $250,000 OF THE APPROPRIATION UNDER THIS HEAD FOR THE
FISCAL YEAR 1974, FOR MODIFICATIONS TO AND REPLACEMENT OF EXISTING
TRAFFIC SIGNALS AND INSTALLATION OF ADDITIONAL TRAFFIC SIGNALS AND ALL
ITEMS APPURTENANT THERETO, IS HEREBY CONTINUED AVAILABLE UNTIL JUNE 30,
1975.
FOR MAINTENANCE, MISCELLANEOUS ITEMS AND SUPPLIES, INCLUDING
FURNITURE, FURNISHINGS, AND EQUIPMENT, AND FOR LABOR AND MATERIAL
INCIDENT THERETO, AND REPAIRD THEROF; FOR PURCHASE OF WATERPROOF
WEARING APPAREL, AND FOR PERSONAL AND OTHER SERVICES; FOR THE CARE AND
OPERATION OF THE SENATE OFFICE BUILDINGS; INCLUDING THE SUBWAY AND
SUBWAY TRANSPORTATION SYSTEMS CONNECTING THE SENATE OFFICE BUILDINGS
WITH THE CAPITOL; UNIFORMS OR ALLOWANCES THEREFOR AS AUTHORIZED BY LAW
(5 U.S.C. 5901 - 5902), //80 STAT. 508; 81 STAT. 206, 41 USC 5.//
PREVENTION AND ERADICATION OF INSECT AND OTHER PESTS WITHOUT REGARD TO
SECTION 3706 OF THE REVISED STATUTES AS AMENDED; TO BE EXPENDED UNDER
THE CONTROL AND SUPERVISION OF THE ARCHITECT OF THE CAPITOL IN ALL,
$6,620,800.
FOR MAINTENANCE, REPAIRS, ALTERATIONS, PERSONAL AND OTHER SERVICES,
AND ALL OTHER NECESSARY EXPENSES, $103,300.
FOR MAINTENANCE, INCLUDING EQUIPMENT; WATERPROOF WEARING APPAREL;
UNIFORMS OR ALLOWANCES THEREFOR AS AUTHORIZED BY LAW (5 U.S.C. 5901 -
5902); PREVENTION AND ERADICATION OF INSECT AND OTHER PESTS WITHOUT
REGARD TO SECTION 3709 OF THE REVISED STATUTES, AS AMENDED;
MISCELLANEOUS ITEMS; AND FOR ALL NECESSARY SERVICES, INCLUDING THE
POSITION OF SUPERINTENDANT OF GARAGES AS AUTHORIZED BY LAW, $8,671,700.
NOT TO EXCEED $9,700 OF THE UNOBLIGATED BALANCE OF THE APPROPRIATION
UNDER THIS HEAD FOR THE FISCAL YEAR 1974 IS HEREBY CONTINUED AVAILABLE
UNTIL JUNE 30, 1975.
FOR AN AMOUNT, IN ADDITION TO AMOUNTS HERETOFORE APPROPRIATED UNDER
THIS HEAD, FOR EXPENSES AUTHORIZED BY THE ADDITIONAL HOUSE OFFICE
BUILDING ACT OF 1955 (69 STAT. 41, 42), AS AMENDED, //40 USC 175 NOTE.//
$145,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR LIGHTING, HEATING, AND POWER (INCLUDING THE PURCHASE OF
ELECTRICAL ENERGY) FOR THE CAPITOL, SENATE AND HOUSE OFFICE BUILDINGS,
SUPREME COURT BUILDING, CONGRESSIONAL LIBRARY BUILDINGS, AND THE GROUNDS
ABOUT THE SAME, BOTANIC GARDEN, SENATE GARAGE, AND FOR AIR CONDITIONING
REFRIGERATION NOT SUPPLIED FROM PLANTS IN ANY SUCH BUILDINGS; FOR
HEATING THE GOVERNMENT PRINTING OFFICE, WASHINGTON CITY POST OFFICE, AND
FOLGER SHAKESPEARE LIBRARY, REIMBURSEMENT FOR WHICH SHALL BE MADE AND
COVERED INTO THE TREASURY; PERSONAL AND OTHER SERVICES, FUEL, OIL,
MATERIALS, WATERPROOF WEARING APPAREL, AND ALL OTHER NECESSARY EXPENSES
IN CONNECTION WITH THE MAINTENANCE AND OPERATION OF THE PLANT;
$5,443,000.
FOR NECESSARY EXPENDITURES FOR MECHANICAL AND STRUCTURAL MAINTENANCE,
INCLUDING IMPROVEMENTS, EQUIPMENT, SUPPLIES, WATERPROOF WEARING APPAREL,
AND PERSONAL AND OTHER SERVICES, $1,631,000.
FOR ALL NECESSARY EXPENSES INCIDENT TO MAINTAINING, OPERATING,
REPAIRING, AND IMPROVING THE BOTANIC GARDEN AND THE NURSERIES,
BUILDINGS, GROUNDS, COLLECTIONS, AND EQUIPMENT PERTAINING THERETO,
INCLUDING PERSONAL SERVICES; WATERPROOF WEARING APPAREL; NOT TO EXCEED
$25 FOR EMERGENCY MEDICAL SUPPLIES; TRAVELING EXPENSES, INCLUDING BUS
FARES, NOT TO EXCEED $275; THE PREVENTION AND ERADICATION OF INSECT AND
OTHER PESTS AND PLANT DISEASES BY PURCHASE OF MATERIALS AND PROCUREMENT
OF PERSONAL SERVICES BY CONTRACT WITHOUT REGARD TO THE PROVISIONS OF ANY
OTHER ACT; PURCHASE AND EXCHANGE OF MOTOR TRUCKS; PURCHASE AND
EXCHANGE, MAINTENANCE, REPAIR, AND OPERATION OF A PASSENGER MOTOR
VEHICLE; PURCHASE OF BOTANICAL BOOKS, PERIODICALS, AND BOOKS OF
REFERENCE, NOT TO EXCEED $100; ALL UNDER THE DIRECTION OF THE JOINT
COMMITTEE ON THE LIBRARY; $916,600.
FOR NECESSARY EXPENSES OF THE LIBRARY OF CONGRESS, NOT OTHERWISE
PROVIDED FOR, INCLUDING DEVELOPMENT AND MAINTENANCE OF THE UNION
CATALOGS; CUSTODY, CARE, AND MAINTENANCE OF THE LIBRARY BUILDINGS;
SPECIAL CLOTHING; CLEANING, LAUNDERING, AND REPAIR OF UNIFORMS,
PRESERVATION OF MOTION PICTURES IN THE CUSTODY OF THE LIBRARY; FOR THE
NATIONAL PROGRAM FOR ACQUISITION AND CATALOGING OF LIBRARY MATERIAL;
AND EXPENSES OF THE LIBRARY OF CONGRESS TRUST FUND BOARD NOT PROPERLY
CHARGEABLE TO THE INCOME OF ANY TRUST FUND HELD BY THE BOARD,
$48,460,000 INCLUDING $2,778,000 TO BE AVAILABLE FOR REIMBURSEMENT TO
THE GENERAL SERVICES ADMINISTRATION FOR RENTAL OF SUITABLE SPACE IN THE
DISTRICT OF COLUMBIA OR ITS IMMEDIATE ENVIRONS FOR THE LIBRARY OF
CONGRESS.
FOR NECESSARY EXPENSES OF THE COPYRIGHT OFFICE, INCLUDING PUBLICATION
OF THE DECISIONS OF THE UNITED STATES COURTS INVOLVING COPYRIGHTS,
$5,839,000.
FOR NECESSARY EXPENSES TO CARRY OUT THE PROVISIONS OF SECTION 203 OF
THE LEGISLATIVE REORGANIZATION ACT OF 1946, AS AMENDED BY SECTION 321 OF
THE LEGISLATIVE REORGANIZATION ACT OF 1970 (2 U.S.C. 166), //84 STAT.
1181.// $13,345,000: PROVIDED, THAT NO PART OF THIS APPROPRIATION MAY
BE USED TO PAY ANY SALARY OR EXPENSE IN CONNECTION WITH ANY PUBLICATION,
OR PREPARATION OF MATERIAL THEREFOR (EXCEPT THE DIGEST OF PUBLIC GENERAL
BILLS), TO BE ISSUED BY THE LIBRARY OF CONGRESS UNLESS SUCH PUBLICATION
HAS OBTAINED PRIOR APPROVAL OF EITHER THE COMMITTEE ON HOUSE
ADMINISTRATION OR THE SENATE COMMITTEE ON RULES AND ADMINISTRATION.
FOR NECESSARY EXPENSES FOR THE PREPARATION AND DISTRIBUTION OF
CATALOG CARDS AND OTHER PUBLICATIONS OF THE LIBRARY, $10,581,000:
PROVIDED, THAT $200,000 OF THIS APPROPRIATION SHALL BE APPORTIONED FOR
USE PURSUANT TO SECTION 3679 OF THE REVISED STATUTES, AS AMENDED (31 U.
S.C. 665), ONLY TO THE EXTENT NECESSARY TO PROVIDE FOR EXPENSES
(EXCLUDING PERMANENT PERSONAL SERVICES) FOR WORKLOAD INCREASES NOT
ANTICIPATED IN THE BUDGET ESTIMATES AND WHICH CANNOT BE PROVIDED FOR BY
NORMAL BUDGETARY ADJUSTMENTS.
FOR NECESSARY EXPENSES (EXCEPT PERSONAL SERVICES) FOR ACQUISITION OF
BOOKS, PERIODICALS, AND NEWSPAPERS, AND ALL OTHER MATERIAL FOR THE
INCREASE OF THE LIBRARY, $1,458,000, TO REMAIN AVAILABLE UNTIL EXPENDED,
INCLUDING $40,000 TO BE AVAILABLE SOLELY FOR THE PURCHASE, WHEN
SPECIFICALLY APPROVED BY THE LIBRARIAN, OF SPECIAL AND UNIQUE MATERIALS
FOR ADDITIONS TO THE COLLECTIONS.
FOR NECESSARY EXPENSES (EXCEPT PERSONAL SERVICES) FOR ACQUISITION OF
BOOKS, LEGAL PERIODICALS, AND ALL OTHER MATERIAL FOR THE INCREASE OF THE
LAW LIBRARY, $229,000, TO REMAIN AVAILABLE UNTIL EXPENDED.
FOR SALARIES AND EXPENSES TO CARRY OUT THE PROVISIONS OF THE ACT
APPROVED MARCH 3, 1931 (2 U.S.C. 135A), AS AMENDED, //80 STAT. 330.//
$11,416,900.
FOR NECESSARY EXPENSES FOR CARRYING OUT THE PROVISIONS OF SECTION 104
(B) (5) OF THE AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE ACT OF
1954, AS AMENDED (7 U.S.C. 1704), //80 STAT. 1528.// TO REMAIN AVAILABLE
UNTIL EXPENDED, $2,014,100, OF WHICH $1,718,500 SHALL BE AVAILABLE ONLY
FOR PAYMENTS IN ANY FOREIGN CURRENCIES OWED TO OR OWNED BY THE UNITED
STATES WHICH THE TREASURY DEPARTMENT SHALL DETERMINE TO BE EXCESS TO THE
NORMAL REQUIREMENTS OF THE UNITED STATES.
FOR NECESSARY EXPENSES FOR THE PURCHASE AND REPAIR OF FURNITURE,
FURNISHINGS, OFFICE AND LIBRARY EQUIPEMENT, $3,319,000, OF WHICH
$2,726,000 SHALL BE AVAILABLE UNTIL EXPENDED ONLY FOR THE PURCHASE AND
SUPPLY OF FURNITURE, BOOK STACKS, SHELVING, FURNISHINGS, AND RELATED
COSTS NECESSARY FOR THE INITIAL OUTFITTING OF THE JAMES MADISON MEMORIAL
LIBRARY BUILDING.
FOR NECESSARY EXPENSES TO ENABLE THE LIBRARIAN TO REVISE AND EXTEND
THE ANNOTATED CONSTITUTION OF THE UNITED STATES OF AMERICA, $34,000, TO
REMAIN AVAILABLE UNTIL EXPENDED.
APPROPRIATIONS IN THIS ACT AVAILABLE TO THE LIBRARY OF CONGRESS FOR
SALARIES SHALL BE AVAILABLE FOR EXPENSES OF INVESTIGATING THE LOYALTY OF
LIBRARY EMPLOYEES; SPECIAL AND TEMPORARY SERVICES (INCLUDING EMPLOYEES
ENGAGED BY DAY OR HOUR OR IN PIECEWORK); AND SERVICES AS AUTHORIZED BY
5 U.S.C. 3109. //80 STAT. 416.//
NOT TO EXCEED FIFTEEN POSITIONS IN THE LIBRARY OF CONGRESS MAY BE
EXEMPT FROM THE PROVISIONS OF APPROPRIATION ACTS CONCERNING THE
EMPLOYMENT OF ALIENS DURING THE CURRENT FISCAL YEAR, BUT THE LIBRARIAN
SHALL NOT MAKE ANY APPOINTMENT TO ANY SUCH POSITION UNTIL HE HAS
ASCERTAINED THAT HE CANNOT SECURE FOR SUCH APPOINTMENTS A PERSON IN ANY
OF THE CATEGORIES SPECIFIED IN SUCH PROVISIONS WHO POSSESSES THE SPECIAL
QAUALIFICATIONS FOR THE PARTICULAR POSITION AND ALSO OTHERWISE MEETS THE
GENERAL REQUIREMENTS FOR EMPLOYMENT IN THE LIBRARY OF CONGRESS.
FUNDS AVAILABLE TO THE LIBRARY OF CONGRESS MAY BE EXPENDED TO
REIMBURSE THE DEPARTMENT OF STATE FOR MEDICAL SERVICES RENDERED TO
EMPLOYEES OF THE LIBRARY OF CONGRESS STATIONED ABROAD AND FOR
CONTRACTING ON BEHALF OF AND HIRING ALIEN EMPLOYEES FOR THE LIBRARY OF
CONGRESS UNDER COMPENSATION PLANS COMPARABLE TO THOSE AUTHORIZED BY
SECTION 444 OF THE FOREIGN SERVICE ACT OF 1946, AS AMENDED (22 U.S.C.
889 (A)); //74 STAT. 831, 2 USC 143A.// FOR PURCHASE OR HIRE OF
PASSENGER MOTOR VEHICLES; FOR PAYMENT OF TRAVEL, STORAGE AND
TRANSPORTATION OF HOUSEHOLD GOODS, AND TRANSPORTATION AND PER DIEM
EXPENSES FOR FAMILIES EN ROUTE (NOT TO EXCEED TWENTY-FOUR); FOR
BENEFITS COMPARABLE TO THOSE PAYABLE UNDER SECTIONS 911 (9), 911 (11),
AND 941 OF THE FOREIGN SERVICE ACT OF 1946, AS AMENDED (22 U.S.C. 1136
(9), 1136 (11), AND 1156, RESPECTIVELY); //75 STAT. 464; 81 STAT.
671; 70 STAT. 706.// AND TRAVEL BENEFITS COMPARABLE WITH THOSE WHICH
ARE NOW OR HEREAFTER MAY BE GRANTED SINGLE EMPLOYEES OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT, INCLUDING SINGLE FOREIGN SERVICE PERSONNEL
ASSIGNED TO A.I.D. PROJECTS, BY THE ADMINISTRATOR OF THE AGENCY FOR
INTERNATIONAL DEVELOPMENT---OR HIS DESIGNEE---UNDER THE AUTHORITY OF
SECTION 636(B) OF THE FOREIGN ASSISTANCE ACT OF 1961 (PUBLIC LAW 87 -
195, 22 U.S.C. 2396 (B)); //75 STAT. 457, 2 USC 143A.// SUBJECT TO
SUCH RULES AND REGULATIONS AS MAY BE ISSUED BY THE LIBRARIAN OF
CONGRESS. //2 USC 143A.//
PAYMENTS IN ADVANCE FOR SUBSCRIPTIONS OR OTHER CHARGES FOR
BIBLIOGRAPHICAL DATA, PUBLICATIONS, MATERIALS IN ANY OTHER FORM, AND
SERVICES MAY BE MADE BY THE LIBRARIAN OF CONGRESS WHENEVER HE DETERMINES
IT TO BE MORE PROMPT, EFFICIENT, OR ECONOMICAL TO DO SO IN THE INTEREST
OF CARRYING OUT REQUIRED LIBRARY PROGRAMS.
APPROPRIATIONS IN THIS ACT AVAILABLE TO THE LIBRARY OF CONGRESS SHALL
BE AVAILABLE, IN AN AMOUNT NOT TO EXCEED $57,500, WHEN SPECIFICALLY
AUTHORIZED BY THE LIBRARIAN, FOR EXPENSES OF ATTENDANCE AT MEETINGS
CONCERNED WITH THE FUNCTION OR ACTIVITY FOR WHICH THE APPROPRIATION IS
MADE.
FUNDS AVAILABLE TO THE LIBRARY OF CONGRESS MAY BE EXPENDED TO PROVIDE
ADDITIONAL PARKING FACILITIES FOR LIBRARY OF CONGRESS EMPLOYEES IN AN
AREA OR AREAS IN THE DISTRICT OF COLUMBIA OUTSIDE THE LIMITS OF THE
LIBRARY OF CONGRESS GROUNDS, AND TO PROVIDE FOR TRANSPORTATION OF SUCH
EMPLOYEES TO AND FROM SUCH AREA OR AREAS AND THE LIBRARY OF CONGRESS
GROUNDS WITHOUT REGARD TO THE LIMITATIONS IMPOSED BY 31 U.S.C. 638A (C)
(2). //60 STAT. 810.//
FOR AUTHORIZED PRINTING AND BINDING FOR THE CONGRESS; FOR PRINTING
AND BINDING FOR THE ARCHITECT OF THE CAPITOL; EXPENSES NECESSARY FOR
PREPARING THE SEMIMONTHLY AND SESSION INDEX TO THE CONGRESSIONAL RECORD,
AS AUTHORIZED BY LAW (44 U.S.C. 902); //82 STAT. 1256.// PRINTING,
BINDING, AND DISTRIBUTION OF THE FEDERAL REGISTER (INCLUDING THE CODE OF
FEDERAL REGULATIONS) AS AUTHORIZED BY LAW (44 U.S.C. 1509, 1510), //82
STAT. 1277.// AND PRINTING AND BINDING OF GOVERNMENT PUBLICATIONS
AUTHORIZED BY LAW TO BE DISTRIBUTED WITHOUT CHARGE TO THE RECIPIENTS;
$80,000,000: PROVIDED, THAT THIS APPROPRIATION SHALL NOT BE AVAILABLE
FOR PRINTING AND BINDING PART 2 OF THE ANNUAL REPORT OF THE SECRETARY OF
AGRICULTURE (KNOWN AS THE YEARBOOK OF AGRICULTURE): PROVIDED FURTHER,
THAT THIS APPROPRIATION SHALL BE AVAILABLE FOR THE PAYMENT OF
OBLIGATIONS INCURRED UNDER THE APPROPRIATIONS FOR SIMILAR PURPOSES FOR
PRECEDING FISCAL YEARS.
FOR NECESSARY EXPENSES OF THE OFFICE OF SUPERINTENDENT OF DOCUMENTS,
INCLUDING COMPENSATION OF ALL EMPLOYEES IN ACCORDANCE WITH THE
PROVISIONS OF 44 U.S.C. 305; //82 STAT. 1240; 84 STAT. 693.// TRAVEL
EXPENSES (NOT TO EXCEED $88,300): PROVIDED, THAT EXPENDITURES IN
CONNECTION WITH TRAVEL EXPENSES OF THE DEPOSITORY LIBRARY ADVISORY
COUNCIL SHALL BE DEEMED NECESSARY TO CARRYING OUT THE PROVISIONS OF
CHAPTER 19 OF TITLE 44, UNITED STATES CODE; //44 USC 1901.// PRICE
LISTS AND BIBLIOGRAPHIES; REPAIRS TO BUILDINGS, ELEVATORS, AND
MACHINERY; AND SUPPLYING BOOKS TO DEPOSITORY LIBRARIES; $36,000,000:
PROVIDED, THAT $222,000 OF THIS APPROPRIATION SHALL BE APPORTIONED FOR
USE PURSUANT TO SECTION 3679 OF THE REVISED STATUTES, AS AMENDED (31 U.
S.C. 665), WITH THE APPROVAL OF THE PUBLIC PRINTER, ONLY TO THE EXTENT
NECESSARY TO PROVIDE FOR EXPENSES (EXCLUDING PERMANENT PERSONAL
SERVICES) FOR WORKLOAD INCREASES NOT ANTICIPATED IN THE BUDGET ESTIMATES
AND WHICH CANNOT BE PROVIDED FOR BY NORMAL BUDGETARY ADJUSTMENTS.
FOR PAYMENT TO THE "GOVERNMENT PRINTING OFFICE REVOLVING FUND",
$12,000,000, TO REMAIN AVAILABLE UNTIL EXPENDED, TO PROVIDE ADDITIONAL
WORKING CAPITAL NECESSARY FOR THE SUPPORT OF NORMAL OPERATION OF THE
REVOLVING FUND.
THE GOVERNMENT PRINTING OFFICE IS HEREBY AUTHORIZED TO MAKE SUCH
EXPENDITURES, WITHIN THE LIMITS OF FUNDS AVAILABLE AND IN ACCORD WITH
THE LAW, AND TO MAKE SUCH CONTRACTS AND COMMITMENTS WITHOUT REGARD TO
FISCAL YEAR LIMITATIONS AS PROVIDED BY SECTION 104 OF THE GOVERNMENT
CORPORATION CONTROL ACT, AS AMENDED, //61 STAT. 584, 31 USC 849.// AS
MAY BE NECESSARY IN CARRYING OUT THE PROGRAMS AND PURPOSES SET FORTH IN
THE BUDGET FOR THE CURRENT FISCAL YEAR FOR THE "GOVERNMENT PRINTING
OFFICE REVOLVING FUND": PROVIDED, THAT NOT TO EXCEED $3,500 MAY BE
EXPENDED ON THE CERTIFICATION OF THE PUBLIC PRINTER IN CONNECTION WITH
SPECIAL STUDIES OF GOVERNMENTAL PRINTING, BINDING, AND DISTRIBUTION
PRACTICES AND PROCEDURES: PROVIDED FURTHER, THAT DURING THE CURRENT
FISCAL YEAR THE REVOLVING FUND SHALL BE AVAILABLE FOR THE HIRE OF TWO
PASSENGER MOTOR VEHICLES AND THE PURCHASE OF ONE PASSENGER MOTOR
VEHICLE.
FOR NECESSARY EXPENSES OF THE GENERAL ACCOUNTING OFFICE, INCLUDING
NOT TO EXCEED $4,000 TO BE EXPENDED ON THE CERTIFICATION OF THE
COMPTROLLER GENERAL OF THE UNITED STATES IN CONNECTION WITH SPECIAL
STUDIES OF GOVERNMENTAL FINANCIAL PRACTICES AND PROCEDURES; 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 GRADE GS-18; //80 STAT.
416, 5 USC 5332 NOTE.// HIRE OF ONE PASSENGER MOTOR VEHICLE; ADVANCE
PAYMENTS IN FOREIGN COUNTRIES NOTWITHSTANDING SECTION 3648, REVISED
STATUTES, AS AMENDED (31 U.S.C. 529); BENEFITS COMPARABLE TO THOSE
PAYABLE UNDER SECTION 911 (9), 911 (11), AND 942 (A) OF THE FOREIGN
SERVICE ACT OF 1946, AS AMENDED (22 U.S.C. 1136 (9), 1136 (11), AND 1157
(A), RESPECTIVELY); //75 STAT. 464; 81 STAT. 671.// AND UNDER
REGULATIONS PRESCRIBED BY THE COMPTROLLER GENERAL OF THE UNITED STATES,
RENTAL OF LIVING QUARTERS IN FOREIGN COUNTRIES AND TRAVEL BENEFITS
COMPARABLE WITH THOSE WHICH ARE NOW OR HEREAFTER MAY BE GRANTED SINGLE
EMPLOYEES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT, INCLUDING SINGLE
FOREIGN SERVICE PERSONNEL ASSIGNED TO A.I.D. PROJECTS, BY THE
ADMINISTRATOR OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT--- OR HIS
DESIGNEE---UNDER THE AUTHORITY OF SECTION 636 (B) OF THE FOREIGN
ASSISTANCE ACT OF 1961 (PUBLIC LAW 87 - 195, 22 U.S.C. 2396 (B)), //75
STAT. 457.// $121,376,00: PROVIDED, THAT THIS APPROPRIATION AND
APPROPRIATIONS FOR ADMINISTRATIVE EXPENSES OF ANY OTHER DEPARTMENT OR
AGENCY WHICH IS A MEMBER OF THE JOINT FINANCIAL MANAGEMENT IMPROVEMENT
PROGRAM (JFMIP) SHALL BE AVAILABLE TO FINANCE AN APPROPRIATE SHARE OF
JFMIP COSTS AS DETERMINED BY THE JFMIP, INCLUDING BUT NOT LIMITED TO THE
SALARY OF THE EXECUTIVE SECRETARY AND SECRETARIAL SUPPORT: PROVIDED
FURTHER, THAT THIS APPROPRIATION AND APPROPRIATIONS FOR ADMINISTRATIVE
EXPENSES OF ANY OTHER DEPARTMENT OR AGENCY WHICH IS A MEMBER OF THE
NATIONAL INTERGOVERNMENTAL AUDIT FORUM SHALL BE AVAILABLE TO FINANCE ON
APPROPRIATE SHARE OF FORUM COSTS AS DETERMINED BY THE FORUM, INCLUDING
NECESSARY TRAVEL EXPENSES OF NONFEDERAL PARTICIPANTS. PAYMENTS HEREUNDER
TO EITHER THE FORUM OR THE JFMIP MAY BE CREDITED AS REIMBURSEMENTS TO
ANY APPROPRIATION FROM WHICH COSTS INVOLVED ARE INITIALLY FINANCED.
FOR EXPENSES OF THE COST-ACCOUNTING STANDARDS BOARD NECESSARY TO
CARRY OUT THE PROVISIONS OF SECTION 719 OF THE DEFENSE PRODUCTION ACT OF
1950, AS AMENDED (PUBLIC LAW 91 - 379, APPROVED AUGUST 15, 1970),
$1,628,000.
SEC. 102. NO PART OF THE FUNDS APPROPRIATED IN THIS ACT SHALL BE USED
FOR THE MAINTENANCE OR CARE OF PRIVATE VEHICLES, EXCEPT FOR EMERGENCY
ASSISTANCE AND CLEANING AS MAY BE PROVIDED UNDER REGULATIONS ISSUED BY
THE HOUSE OF REPRESENTATIVES SELECT COMMITTEE TO REGULATE PARKING ON THE
HOUSE SIDE OF THE CAPITOL.
SEC. 103. WHENEVER ANY OFFICE OR POSITION NOT SPECIFICALLY
ESTABLISHED BY THE LEGISLATIVE PAY ACT OF 1929 //46 STAT. 32, 2 USC 60A
NOTE.// IS APPROPRIATED FOR HEREIN OR WHENEVER THE RATE OF COMPENSATION
OR DESIGNATION OF ANY POSITION APPROPRIATED FOR HEREIN IS DIFFERENT FROM
THAT SPECIFICALLY ESTABLISHED FOR SUCH POSITION BY SUCH ACT, THE RATE OF
COMPENSATION AND THE DESIGNATION OF THE POSITION, OR EITHER,
APPROPRIATED FOR OR PROVIDED HEREIN, SHALL BE THE PERMANENT LAW WITH
RESPECT THERETO: PROVIDED, THAT THE PROVISIONS HEREIN FOR THE VARIOUS
ITEMS OF OFFICIAL EXPENSES OF MEMBERS, OFFICERS, AND COMMITTEES OF THE
SENATE AND HOUSE, AND CLERK HIRE FOR SENATORS AND MEMBERS SHALL BE THE
PERMANENT LAW WITH RESPECT THERETO.
SEC. 104. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL
REMAIN AVAILABLE FOR OBLIGATION BEYOND THE CURRENT FISCAL YEAR UNLESS
EXPRESSLY SO PROVIDED HEREIN.
SEC. 105. NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE
AVAILAVBLE 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, AS AMENDED, //86 STAT. 219, 40
USC 490.// FOR SPACE AND SERVICES.
SEC. 106. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CITIZENSHIP
OR NATIONALITY OF KARIN BIRGITTA HOLMEN SHALL NOT PROHIBIT THE SECRETARY
OF THE SENATE FROM PAYING COMPENSATION TO THE SAID KARIN BIRGITTA HOLMEN
WHILE SERVING AS AN EMPLOYEE OF THE SENATE.
SEC. 107. SECTION 502 (B) OF THE MUTUAL SECURITY ACT OF 195J (22 U.
S.C. 1754 (B)), //68 STAT. 850; 78 STAT. 1015; 87 STAT. 452.//
RELATING TO THE USE OF FOREIGN CURRENCY, IS AMENDED BY STRIKING OUT THE
LAST TWO SENTENCES AND INSERTING IN LIEU THEREOF THE FOLLOWING: "EACH
MEMBER OF EMPLOYEE OF ANY SUCH COMMITTEE SHALL MAKE, TO THE CHAIRMAN OF
SUCH COMMITTEE IN ACCORDANCE WITH REGULATIONS PRESCRIBED BY SUCH
COMMITTEE, AN ITEMIZED REPORT SHOWING THE AMOUNTS AND DOLLAR EQUIVALENT
VALUES OF EACH SUCH FOREIGN CURRENCY EXPENDED AND THE AMOUNTS OF DOLLAR
EXPENDITURES MADE FROM APPROPRIATED FUNDS IN CONNECTION WITH TRAVEL
OUTSIDE THE UNITED STATES, TOGETHER WITH THE PURPOSES OF THE
EXPENDITURE, INCLUDING LODGING, MEALS, TRANSPORTATION, AND OTHER
PURPOSES. WITHIN THE FIRST SIXTY DAYS THAT CONGRESS IS IN SESSION IN
EACH CALENDAR YEAR, THE CHAIRMAN OF SUCH COMMITTEE SHALL PREPARE A
CONSOLIDATED REPORT SHOWING THE TOTAL ITEMIZED EXPENDITURES DURING THE
PRECEDING CALENDAR YEAR OF THE COMMITTEE AND EACH SUBCOMMITTEE THEREOF,
AND OF EACH MEMBER OR EMPLOYEE OF SUCH COMMITTEE OR SUBCOMMITTEE, AND
SHALL FORWARD SUCH CONSOLIDATED REPORT TO THE CLERK OF THE HOUSE OF
REPRESENTATIVES (IF THE COMMITTEE BE A COMMITTEE OF THE HOUSE OF
REPRESENTATIVES OR A JOINT COMMITTEE WHOSE FUNDS ARE DISBURSED BY THE
CLERK OF THE HOUSE) OR TO THE SECRETARY OF THE SENATE (IF THE COMMITTEE
BE A SENATE COMMITTEE OR JOINT COMMITTEE WHOSE FUNDS ARE DISBURSED BY
THE SECRETARY OF THE SENATE).".
THIS ACT MAY BE CITED AS THE "LEGISLATIVE BRANCH APPROPRIATION ACT,
1975".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 976 (COMM. ON APPROPRIATIONS) AND NO. 93 -
1210 (COMM. OF CONFERENCE).
SENATE REPORT: NO. 93 - 945 (COMM. ON APPROPRIATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
APR. 9, CONSIDERED AND PASSED HOUSE.
JUNE 20, CONSIDERED AND PASSED SENATE, AMENDED.
AUG. 1, HOUSE AGREED TO CONFERENCE REPORT.
AUG. 2, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-370, 88 STAT 423
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 4433 OF THE
REVISED STATUTES, AS AMENDED (46 U.S.C. 411) IS AMENDED AS FOLLOWS:
(1) BY DELETING THE WORD "AND" BEFORE THE WORDS "CONSTRUCTION OF
BOILERS,".
(2) BY INSERTING THE WORDS ", AND OPERATION" BEFORE THE WORDS "OF
BOILERS, UNFIRED".
(3) BY INSERTING AFTER THE WORDS "UNFIRED PRESSURE VESSELS" THE WORDS
"PIPING, VALVES, FITTINGS,".
(4) BY PLACING THE WORD "OTHER" BEFORE THE WORD "APPURTENANCES".
(5) BY DELETING THE WORDS "THEREOF, AND STEAM PIPING".
(6) BY DELETING THE SECOND SENTENCE INCLUDING THE PROVISO.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 762 (COMM. ON MERCHANT MARINE AND
FISHERIES).
SENATE REPORT NO. 93 - 1034 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JAN. 22, CONSIDERED AND PASSED HOUSE.
JULY 31, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-369, 88 STAT 423, PERISHABLE AGRICULTURAL COMMODITIES
ACT, 1930, AMENDMENTS
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SUBSECTION (5) OF
SECTION OF THE PERISHABLE AGRICULTURAL COMMODITIES ACT, 1930, AS AMENDED
(7 U.S.C. 499B (5)), //70 STAT. 726.// IS HEREBY AMENDED BY STRIKING OUT
THE SEMICOLON AT THE END THEREOF AND SUBSTITUTING A COLON AND THE
FOLLOWING: "PROVIDED, THAT ANY COMMISSION MERCHANT, DEALER, OR BROKER
WHO HAS VIOLATED THIS SUBSECTION MAY, WITH THE CONSENT OF THE SECRETARY,
ADMIT THE VIOLATION OR VIOLATIONS AND PAY A MONETARY PENALTY NOT TO
EXCEED $2,000 IN LIEU OF A FORMAL PROCEEDING FOR THE SUSPENSION OR
REVOCATION OF LICENSE, ANY PAYMENT SO MADE TO BE DEPOSITED INTO THE
TREASURY OF THE UNITED STATES AS MISCELLANEOUS RECEIPTS;".
LEGISLATIVE HISTORY:
HOUSE REPORT: NO. 93 - 1130 (COMM. ON AGRICULTURE)
SENATE REPORT NO. 93 - 1036 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 1, CONSIDERED AND PASSED HOUSE.
JULY 31, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-368, 88 STAT 420
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTIONS 3114 AND
3115 OF THE REVISED STATUTES OF THE UNITED STATES (19 U.S.C. 257 AND
258) SHALL NOT APPLY TO ENTRIES MADE IN CONNECTION WITH ARRIVALS BEFORE
JANUARY 5, 1971, OF VESSELS OWNED BY THE UNITED STATES, OR BAREBOAT
CHARTERED TO THE UNITED STATES, AND OPERATED BY OR FOR THE ACCOUNT OF
ANY DEPARTMENT OR AGENCY OF THE UNITED STATES. //19 USC 257 NOTE.//
SEC. 2. ON OR AFTER THE DATE OF THE ENACTMENT OF THIS ACT, NO
DEPARTMENT OR AGENCY OF THE UNITED STATES SHALL BE ENTITLED TO A REFUND
OF ANY DUTIES PAID BEFORE JANUARY 5, 1971, BY ANY DEPARTMENT OR AGENCY
OF THE UNITED STATES UNDER SECTION 3114 OF THE REVISED STATUTES OF THE
UNITED STATES.
SEC. 3. THE LAST SENTENCE OF SECTION 203 (E) (2) OF THE FEDERAL-STATE
EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 1970 (AS ADDED BY SECTION 20
OF PUBLIC LAW 93 - 233 AND AMENDED BY SECTION 2 OF PUBLIC LAW 93 - 256
AND BY SECTION 2 OF PUBLIC LAW 93 - 329) //ANTE, P. 288.// IS AMENDED TO
READ AS FOLLOWS: "AMOUNTS APPROPRIATED AS REPAYABLE ADVANCES AND PAID
TO THE STATES UNDER SECTION 203 SHALL BE REPAID, WITHOUT INTEREST, AS
PROVIDED IN SECTION 905 (D) OF THE SOCIAL SECURITY ACT." //84 STAT. 716,
42 USC 1105.//
(B) SECTION 903 (B) OF THE SOCIAL SECURITY ACT //85 STAT. 814; 86
STAT. 398, 42 USC 1103.// IS AMENDED BY STRIKING OUT PARAGRAPH (3)
SEC. 5. SECTION 1631 OF THE SOCIAL SECURITY ACT //86 STAT. 1475, 42
USC 1383.// IS AMENDED BY ADDING THE FOLLOWING AT THE END THEREOF:
"(G) (1) NOTWITHSTANDING SUBSECTION(D) (1) AND SUBSECTION (B) AS IT
RELATES TO THE PAYMENT OF LESS THAN THE CORRECT AMOUNT OF BENEFITS, THE
SECRETARY MAY, UPON WRITTEN AUTHORIZATION BY AN INDIVIDUAL, WITHHOLD
BENEFITS DUE WITH RESPECT TO THAT INDIVIDUAL AND MAY PAY TO A STATE (OR
A POLITICAL SUBDIVISION THEREOF IF AGREED TO BY THE SECRETARY AND THE
STATE) FROM THE BENEFITS WITHHELD AN AMOUNT SUFFICIENT TO REIMBURSE THE
STATE (OR POLITICAL SUBDIVISION) FOR INTERIM ASSISTANCE FURNISHED ON
BEHALF OF THE INDIVIDUAL BY THE STATE (OR POLITICAL SUBDIVISION).
"(2) FOR PURPOSES OF THIS SUBSECTION, THE TERM 'BENETIS' WITH RESPECT
TO ANY INDIVIDUAL MEANS SUPPLEMENTAL SECURITY INCOME BENEFITS UNDER THIS
TITLE, AND ANY STATE SUPPLEMENTARY PAYMENTS UNDER SECTION 1616 OR UNDER
SECTION 212 OF PUBLIC LAW 93 - 66 //42 USC 1382E, 87 STAT. 155, 957.//
WHICH THE SECRETARY MAKES ON BEHALF OF A STATE (OR POLITICAL SUBDIVISION
THEREOF), THAT THE SECRETARY HAS DETERMINED TO BE DUE WITH RESPECT TO
THE INDIVIDUAL AT THE TIME THE SECRETARY MAKES THE FIRST PAYMENT OF
BENEFITS. A CASH ADVANCE MADE PURSUANT TO SUBSECTION (A) (4) (A) SHALL
NOT BE CONSIDERED AS THE FIRST PAYMENT OF BENEFITS FOR PURPOSES OF THE
PRECEDING SENTENCE.
"(3) FOR PURPOSE OF THIS SUBSECTION, THE TERM 'INTERIM ASSISTANCE'
WITH RESPECT TO ANY INDIVIDUAL MEANS ASSISTANCE FINANCED FROM STATE OR
LOCAL FUNDS AND FURNISHED FOR MEETING BASIC NEEDS DURING THE PERIOD,
BEGINNING WITH THE MONTH IN WHICH THE INDIVIDUAL FILED AN APPLICATION
FOR BENEFITS (AS DEFINED IN PARAGRAPH (2)), FOR WHICH HE WAS ELIGIBLE
FOR SUCH BENEFITS.
"(4) IN ORDER FOR A STATE TO RECEIVE REIMBURSEMENT UNDER THE
PROVISIONS OF PARAGRAPH (1), THE STATE SHALL HAVE IN EFFECT AN AGREEMENT
WITH THE SECRETARY WHICH SHALL PROVIDE---
"(A) THAT IF THE SECRETARY MAKES PAYMENT TO THE STATE (OR A
POLITICAL SUBDIVISION OF THE STATE AS PROVIDED FOR UNDER THE
AGREEMENT) IN REIMBURSEMENT FOR INTERIM ASSISTANCE (AS DEFINED IN
PARAGRAPH (3)) FOR ANY INDIVIDUAL IN AN AMOUNT GREATER THAN THE
REIMBURSABLE AMOUNT AUTHORIZED BY PARAGRAPH (1), THE STATE (OR
POLITICAL SUBDIVISION) SHALL PAY TO THE INDIVIDUAL THE BALANCE OF
SUCH PAYMENT IN EXCESS OF THE REIMBURSABLE AMOUNT AS EXPEDITIOUSLY
AS POSSIBLE, BUT IN ANY EVENT WITHIN TEN WORKING DAYS OR A SHORTER
PERIOD SPECIFIED IN THE AGREEMENT; AND
"(B) THAT THE STATE WILL COMPLY WITH SUCH OTHER RULES AS THE
SECRETARY FINDS NECESSARY TO ACHIEVE EFFICIENT AND EFFECTIVE
ADMINISTRATION OF THIS SUBSECTION AND TO CARRY OUT THE PURPOSES OF
THE PROGRAM ESTABLISHED BY THIS TITLE, INCLUDING PROTECTION OF
HEARING RIGHTS FOR ANY INDIVIDUAL AGGRIEVED BY ACTION TAKEN BY THE
STATE (OR POLITICAL SUBDIVISION) PURSUANT TO THIS SUBSECTION.
"(5) THE PROVISIONS OF SUBSECTION (C) SHALL NOT BE APPLICABLE TO ANY
DISAGREEMENT CONCERNING PAYMENT BY THE SECRETARY TO A STATE PURSUANT TO
THE PRECEDING PROVISIONS OF THIS SUBSECTION NOR THE AMOUNT RETAINED BY
THE STATE (OR POLITICAL SUBDIVISION).
"(6) THE PROVISIONS OF THIS SUBSECTION SHALL EXPIRE ON JUNE 30, 1976.
AT LEAST SIXTY DAYS PRIOR TO SUCH EXPIRATION DATE, THE SECRETARY SHALL
SUBMIT TO CONGRESS A REPORT ASSESSING THE EFFECTS OF ACTIONS TAKEN
PURSUANT TO THIS SUBSECTION, INCLUDING THE ADEQUACY OF INTERIM
ASSISTANCE PROVIDED AND THE EFFICIENCY AND EFFECTIVENESS OF THE
ADMINISTRATION OF SUCH PROVISIONS. SUCH REPORT MAY INCLUDE SUCH
RECOMMENDATIONS AS THE SECRETARY DEEMS APPROPRIATE.".
SEC. 6. (A) SECTION 1611 OF THE SOCIAL SECURITY ACT //87 STAT. 953,
42 USC 1382.// IS AMENDED---
(1) IN SUBSECTION (A) (1) (A), BY INSERTING "(OR, IF GREATER,
THE AMOUNT DETERMINED UNDER SECTION (1617)" IMMEDIATELY AFTER
"$1,752";
(2) IN SUBSECTION (A) (2) (A), BY INSERTING "(OR IF GREATER,
THE AMOUNT DETERMINED UNDER SECTION 1617)" IMMEDIATELY AFTER
$2,628";
(3) IN SUBSECTION (B) (1), BY INSERTING "(OR, IF GREATER, THE
AMOUNT DETERMINED UNDER SECTION 1617)" IMMEDIATELY AFTER $1,752";
AND
THE AMOUNT DETERMINED UNDER SECTION 1617)" IMMEDIATELY AFTER
"2,628".
(B) PART A OF TITLE XVI OF SUCH ACT //86 STAT. 1465, 42 USC 1381.//
IS FURTHER AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SECTION:
"SEC. 1617. WHENEVER BENEFIT AMOUNTS UNDER TITLE II //42 USC 401.//
ARE INCREASED BY ANY PERCENTAGE EFFECTIVE WITH ANY MONTH AS A RESULT OF
DETERMINATION MADE UNDER SECTION 215 (I), //86 STAT. 412, 42 USC 415.//
EACH OF THE DOLLAR AMOUNTS IN EFFECT FOR SUCH MONTH UNDER SUBSECTIONS
(A) (1) (A), (A) (2) (A), (B) (1), (B) (2) OF SECTION 1611, //ANTE, P.
421.// AND SUBSECTION (A) (1) (A) OF SECTION 211 OF PUBLIC LAW 93 - 66,
//87 STAT. 154, 953.// AS SPECIFIED IN SUCH SUBSECTIONS OR AS PREVIOUSLY
INCREASED UNDER THIS SECTION, SHALL BE INCREASED BY THE SAME PERCENTAGE
(AND ROUNDED, WHEN NOT A MULTIPLE OF $1.20, TO THE NEXT HIGHER MULTIPLE
OF $1.20), EFFECTIVE WITH RESPECT TO BENEFITS FOR MONTHS AFTER SUCH
MONTH; AND SUCH DOLLAR AMOUNTS AS SO INCREASED SHALL BE PUBLISHED IN
THE FEDERAL REGISTER TOGETHER WITH, AND AT THE SAME TIME AS, THE
MATERIAL REQUIRED BY SECTION 215 (I) (2) (D) //86 STAT. 412; 87 STAT.
952, 42 USC 415.// TO BE PUBLISHED THEREIN BY REASON OF SUCH
DETERMINATION."
SEC. 7. (A) SECTION 15 (C) (2) OF PUBLIC LAW 93 - 233 //87 STAT.
966, 42 USC 1395X NOTE.// IS AMENDED BY STRIKING OUT "DECEMBER 1, 1974"
AND INSERTING IN LIEU THEREOF "MARCH 1, 1975", AND BY STRIKING OUT "JULY
1, 1975" AND INSERTING IN LIEU THEREOF "MARCH 1, 1976".
(B) SECTION 15 (C) (5) OF PUBLIC LAW 93 - 233 IS AMENDED BY STRIKING
OUT "MARCH 1, 1975" AND INSERTING IN LIEU THEREOF "JUNE 1, 1975", AND BY
STRIKING OUT "OCTOBER 1, 1975" AND INSERTING IN LIEU THEREOF "JUNE 1,
1976".
(C) SECTION 15 (D) OF PUBLIC LAW 93 - 233 IS AMENDED BY STRIKING OUT
"JANUARY 1, 1975, EXCEPT THAT IF THE SECRETARY OF HEALTH, EDUCATION, AND
WELFARE DETERMINES THAT ADDITIONAL TIME IS REQUIRED TO PREPARE THE
REPORT REQUIRED BY SUBSECTION (C), HE MAY, BY REGULATION, EXTEND THE
APPLICABILITY OF THE PROVISIONS, OF SUBSECTION (A) TO COST ACCOUNTING
PERIODS BEGINNING AFTER JUNE 30, 1975" AND INSERTING IN LIEU THEREOF
"JULY 1, 1976".
SEC. 8. SECTION 249B OF THE SOCIAL SECURITY AMENDMENTS OF THE 1972
//86 STAT. 1428, 42 USC 1396B NOTE.// IS AMENDED BY STRIKING OUT "JUNE
30, 1974" AND INSERTING IN LIEU THEREOF "JUNE 30, 1977".
SEC. 9. (A) SECTION 1902 (A) (14) (B) (I) OF THE SOCIAL SECURITY ACT
//86 STAT. 1381, 42 USC 1396A.// (RELATING TO CERTAIN COST-SHARING FEES
REQUIRED TO BE PAID BY SOME INDIVIDUALS UNDER MEDICAID) IS AMENDED BY
STRIKING OUT "SHALL" AND INSERTING IN LIEU THEREOF "MAY".
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL BE EFFECTIVE JANUARY
1, 1973. //42 USC 1396A NOTE.//
SEC. 10. (A) SECTION 211 (A) (1) OF THE SOCIAL SECURITY ACT //68
STAT. 1055; 70 STAT. 824, 42 USC 411.// IS AMENDED BY INSERTING AFTER
"MATERIAL PARTICIPATION BY THE OWNER OR TENANT" EACH TIME IT OCCURS THE
FOLLOWING: "(AS DETERMINED WITHOUT REGARD TO ANY ACTIVITIES OF AN AGENT
OF SUCH OWNER OR TENANT)".
(B) SECTION 1402 (A) (1) OF THE INTERNAL REVENUE CODE OF 1954 //68A
STAT. 353; 70 STAT. 840, 26 USC 1402.// (RELATING TO DEFINITION OF NET
EARNINGS FROM SELF-EMPLOYMENT) IS AMENDED BY INSERTING AFTER "MATERIAL
PARTICIPATION BY THE OWNER OR TENANT" EACH TIME IT OCCURS THE FOLLOWING:
"(AS DETERMINED WITHOUT REGARD TO ANY ACTIVITIES OF AN AGENT OF SUCH
OWNER OR TENANT)".
(C) THE AMENDMENTS MADE BY THIS SECTION SHALL APPLY WITH RESPECT TO
TAXABLE YEARS BEGINNING AFTER DECEMBER 31, 1973. //42 USC 411 NOTE.//
SEC. 11. //50 USC APP. 1212 NOTE.// (A) THE STAFF OF THE JOINT
COMMITTEE ON INTERNAL REVENUE TAXATION SHALL CONDUCT A COMPREHENSIVE
STUDY AND INVESTIGATION OF THE OPERATION AND EFFECT OF THE RENEGOTIATION
ACT OF 1951, AS AMENDED, //65 STAT. 7, 50 USC APP. 1211 NOTE.// WITH A
VIEW TO DETERMINING WHETHER SUCH ACT SHOULD BE EXTENDED BEYOND DECEMBER
31, 1975, AND, IF SO, HOW THE ADMINISTRATION OF SUCH ACT CAN BE
IMPROVED. THE JOINT COMMITTEE STAFF SHALL SPECIFICALLY CONSIDER WHETHER
EXEMPTION CRITERIA AND THE STATUTORY FACTORS FOR DETERMINING EXCESSIVE
PROFITS SHOULD BE CHANGED TO MAKE THE ACT FAIRER AND MORE EFFECTIVE AND
MORE OBJECTIVE. THE JOINT COMMITTEE STAFF SHALL ALSO CONSIDER WHETHER
THE RENEGOTIATION BOARD SHOULD BE RESTRUCTURED.
(B) IN CONDUCTING SUCH STUDY AND INVESTIGATION THE STAFF OF THE JOINT
COMMITTEE ON INTERNAL REVENUE TAXATION SHALL CONSULT WITH THE STAFFS OF
THE RENEGOTIATION BOARD, THE GENERAL ACCOUNTING OFFICE, THE COST
ACCOUNTING STANDARDS BOARD, AND THE JOINT ECONOMIC COMMITTEE.
(C) THE STAFF OF THE JOINT COMMITTEE ON INTERNAL REVENUE TAXATION
SHALL SUBMIT THE RESULTS OF ITS STUDY AND INVESTIGATION TO THE COMMITTEE
ON WAYS AND MEANS OF THE HOUSE OF REPRESENTATIVES AND TO THE COMMITTEE
ON FINANCE OF THE SENATE ON OR BEFORE SEPTEMBER 30, 1975, TOGETHER WITH
SUCH RECOMMENDATIONS AS IT DEEMS APPROPRIATE.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 313 (COMM. ON WAYS AND MEANS) AND NO. 93 -
1197 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 786 (COMM. ON FINANCE) AND NO. 93 - 1018
(COMM. OF CONFERENCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): OCT. 2, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): JUNE 27, CONSIDERED AND PASSED SENATE,
AMENDED.
JULY 31, HOUSE CONCURRED IN SENATE AMENDMENT WITH AN AMENDMENT;
SENATE CONCURRED IN HOUSE AMENDMENT
PUBLIC LAW 93-367, 88 STAT 419
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 //ANTE, P. 280.//
IS AMENDED BY STRIKING OUT "JULY 30" AND INSERTING IN LIEU THEREOF
"SEPTEMBER 30".
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 30, CONSIDERED AND PASSED SENATE.
AUG. 5, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-366, 88 STAT 409, FEDERAL AVIATION ACT OF 1958,
AMENDMENTS
A MORE EFFECTIVE
PROGRAM TO PREVENT AIRCRAFT PIRACY; AND FOR OTHER
PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 101. THIS TITLE MAY BE CITED AS THE "ANTIHIJACKING ACT OF 1974".
//49 USC 1301 NOTE.//
SEC. 102, SECTION 101 (32) OF THE FEDERAL AVIATION ACT OF 1958 (49
U.S.C. 1301 (32)), RELATING TO THE DEFINITION OF THE TERM "SPECIAL
AIRCRAFT JURISDICTION OF THE UNITED STATES", IS AMENDED TO READ AS
FOLLOWS:
"(32) THE TERM 'SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES'
INCLUDES---,
"(A) CIVIL AIRCRAFT OF THE UNITED STATES;
"(B) AIRCRAFT OF THE NATIONAL DEFENSE FORCES OF THE UNITED
STATES;
"(C) ANY OTHER AIRCRAFT WITHIN THE UNITED STATES;
"(D) ANY OTHER AIRCRAFT OUTSIDE THE UNITED STATES---
"(I) THAT HAS ITS NEXT SCHEDULED DESTINATION OR LAST POINT OF
DEPARTURE IN THE UNITED STATES, IF THAT AIRCRAFT NEXT ACTUALLY
LANDS IN THE UNITED STATES; OR
"(II) HAVING 'AN OFFENSE', AS DEFINED IN THE CONVENTION FOR THE
SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT, COMMITTED ABOARD, IF
THAT AIRCRAFT LANDS IN THE UNITED STATES WITH THE ALLEGED OFFENDER
STILL ABOARD; AND //22 USC 1641.//
"(E) OTHER AIRCRAFT LEASED WITHOUT CREW TO A LESSEE WHO HAS HIS
PRINCIPAL PLACE OF BUSINESS IN THE UNITED STATES, OF IF NONE, WHO
HAS HIS PERMANENT RESIDENCE IN THE UNITED STATES;
WHILE THAT AIRCRAFT IS IN FLIGHT, WHICH IS FROM THE MOMENT WHEN ALL
EXTERNAL DOORS ARE CLOSED FOLLOWING EMBARKATION UNTIL THE MOMENT WHEN
ONE SUCH DOOR IS OPENED FOR DISEMBARKATION OR IN THE CASE OF A FORCED
LANDING, UNTIL THE COMPETENT AUTHORITIES TAKE OVER THE RESPONSIBILITY
FOR THE AIRCRAFT AND FOR THE PERSONS AND PROPERTY ABOARD."
SEC. 103. (A) PARAGRAPH (2) OF SUBSECTION (I) OF SECTION 902 //75
STAT. 466;// OF SUCH ACT (49 U.S.C. 1472), RELATING TO THE DEFINITION OF
THE TERM "AIRCRAFT PIRACY", IS AMENDED BY STRIKING OUT "THREAT OF FORCE
OR VIOLENCE AND" INSERTING IN LIEU THEREOF "THREAT OF FORCE OR VIOLENCE,
OR BY ANY OTHER FORM OF INFORMATION, AND".
(B) SECTION 902 OF SUCH ACT IS FURTHER AMENDED BY REDESIGNATING
SUBSECTIONS (N) AND (O) AS SUBSECTIONS (O) AND (P), //76 STAT. 921.//
RESPECTIVELY, AND BY INSERTING IMMEDIATELY AFTER SUBSECTION (M) THE
FOLLOWING NEW SUBSECTION:
"AIRCRAFT PIRACY OUTSIDE SPECIAL AIRCRAFT JURISDICTION OF THE
UNITED STATES
"(N) (1) WHOEVER ABOARD AN AIRCRAFT IN FLIGHT OUTSIDE THE SPECIAL
AIRCRAFT JURISDICTION OF THE UNITED STATES COMMITS 'AN OFFENSE', AS
DEFINED IN THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF
AIRCRAFT, AND IS AFTERWARD FOUND IN THE UNITED STATES SHALL BE
PUNISHED---
"(A) BY IMPRISONMENT FOR NOT LESS THAN 20 YEARS; OR
"(B) IF THE DEATH OF ANOTHER PERSON RESULTS FROM THE COMMISSION
OR ATTEMPTED COMMISSION OF THE OFFENSE, BY DEATH OR BY
IMPRISONMENT FOR LIFE.
"(2) A PERSON COMMITS 'AN OFFENSE', AS DEFINED IN THE CONVENTION FOR
THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT WHEN, WHILE ABOARD AN
AIRCRAFT IN FLIGHT, HE---
"(A) UNLAWFULLY, BY FORCE OR THREAT THEREOF, OR BY ANY OTHER
FORM OF INTIMIDATION, SEIZES, OR EXERCISES CONTROL OF, THAT
AIRCRAFT, OR ATTEMPTS TO PERFORM ANY SUCH ACT; OR
"(B) IS AN ACCOMPLICE OF A PERSON WHO PERFORMS OR ATTEMPTS TO
PERFORM ANY SUCH ACT.
"(3) THIS SUBSECTION SHALL ONLY BE APPLICABLE IF THE PLACE OF TAKEOFF
OR THE PLACE OF ACTUAL LANDING OF THE AIRCRAFT ON BOARD WHICH THE
OFFENSE, AS DEFINED IN PARAGRAPH (2) OF THIS SUBSECTION, IS COMMITTED IS
SITUATED OUTSIDE THE TERRITORY OF THE STATE OF REGISTRATION OF THAT
AIRCRAFT.
"(4) FOR PURPOSES OF THIS SUBSECTION AN AIRCRAFT IS CONSIDERED TO BE
IN FLIGHT FROM THE MOMENT WHEN ALL THE EXTERNAL DOORS ARE CLOSED
FOLLOWING EMBARKATION UNTIL THE MOMENT WHEN ONE SUCH DOOR IS OPENED FOR
DISEMBARKATION, OR IN THE CASE OF A FORCED LANDING, UNTIL THE COMPETENT
AUTHORITIES TAKE OVER RESPONSIBILITY FOR THE AIRCRAFT AND FOR THE
PERSONS AND PROPERTY ABOARD.".
(C) SUBSECTION (O) OF SUCH SECTION 902, //ANTE, P. 410.// AS SO
REDESIGNATED BY SUBSECTION (B) OF THIS SECTION, IS AMENDED BY STRIKING
OUT "SUBSECTIONS (I) THROUGH (M)" AND INSERTING IN LIEU THEREOF
"SUBSECTIONS (I) THROUGH (N)".
SEC. 104. (A) SECTION 902 (I) (1) IS THE FEDERAL AVIATION ACT OF 1958
(49 U.S.C. 1472 (I) (1)) //75 STAT. 466; 84 STAT. 921.// IS AMENDED TO
READ AS FOLLOWS:
"(1) WHOEVER COMMITS OR ATTEMPTS TO COMMIT AIRCRAFT PIRACY, AS HEREIN
DEFINED, SHALL BE PUNISHED---
"(A) BY IMPRISONMENT FOR NOT LESS THAN 20 YEARS; OR
"(B) IF THE DEATH OF ANOTHER PERSON RESULTS FROM THE COMMISSION
OR ATTEMPTED COMMISSION OF THE OFFENSE, BY DEATH OR BY
IMPRISONMENT FOR LIFE.".
(B) SECTION 902 (I) OF SUCH ACT IS FURTHER AMENDED BY ADDING AT THE
END THEREOF THE FOLLOWING NEW PARAGRAPH:
"(3) AN ATTEMPT TO COMMIT AIRCRAFT PIRACY SHALL BE WITHIN THE SPECIAL
AIRCRAFT JURISDICTION OF THE UNITED STATES EVEN THOUGH THE AIRCRAFT IS
NOT IN FLIGHT AT THE TIME OF SUCH ATTEMPT IF THE AIRCRAFT WOULD HAVE
BEEN WITHIN THE SPECIAL AIRCRAFT JURISDICTION OF THE UNITED STATES HAD
THE OFFENSE OF AIRCRAFT PIRACY BEEN OCMPLETED.".
SEC. 105. SECTION 903 OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C.
1473), //72 STAT. 786; 75 STAT. 467.// RELATING TO VENUE AND
PROSECUTION OF OFFENSES, IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION:
"PROCEDURE IN RESPECT OF PENALTY FOR AIRCRAFT PIRACY
"(C) (1) A PERSON SHALL BE SUBJECTED TO THE PENALTY OF DEATH FOR ANY
OFFENSE PROHIBITED BY SECTION 902 (I) OR 902 (N) OF THIS ACT ONLY IF A
HEARING IS HELD IN ACCORDANCE WITH THIS SUBSECTION. //ANTE, P. 410.//
"(2) WHEN A DEFENDANT IS FOUND GUILTY OF OR PLEADS GUILTY TO AN
OFFENSE UNDER SECTION 902 (I) OR 902 (N) OF THIS ACT FOR WHICH ONE OF
THE SENTENCES PROVIDED IS DEATH, THE JUDGE WHO PRESIDED AT THE TRIAL OR
BEFORE WHOM THE GUILTY PLEA WAS ENTERED SHALL CONDUCT A SEPARATE
SENTENCING HEARING TO DETERMINE THE EXISTENCE OR NONEXISTENCE OF THE
FACTORS SET FORTH IN PARAGRAPHS (6) AND (7), FOR THE PURPOSE OF
DETERMINING THE SENTENCE TO BE IMPOSED. THE HEARING SHALL NOT BE HELD
IF THE GOVERNMENT STIPULATES THAT NONE OF THE AGGRAVATING FACTORS SET
FORTH IN PARAGRAPH (7) EXISTS OR THAT ONE OR MORE OF THE MITIGATING
FACTORS SET FORTH IN PARAGRAPH (6) EXISTS. THE HEARINGS SHALL BE
CONDUCTED---
"(A) BEFORE THE JURY WHICH DETERMINED THE DEFENDANT'S GUILT;
"(B) BEFORE A JURY IMPANELED FOR THE PURPOSE OF THE HEARING
IF---
"(I) THE DEFENDANT WAS CONVICTED UPON A PLEA OF GUILTY;
"(II) THE DEFENDANT WAS CONVICTED AFTER A TRIAL BEFORE THE
COURT SITTING WITHOUT A JURY; OR
"(III) THE JURY WHICH DETERMINED THE DEFENDANT'S GUILT HAS BEEN
DISCHARGED BY THE COURT FOR GOOD CAUSE; OR
"(C) BEFORE THE COURT ALONE, UPON THE MOTION OF THE DEFENDANT
AND WITH THE APPROVAL OF THE COURT AND OF THE GOVERNMENT.
"(3) IN THE SENTENCING HEARING THE COURT SHALL DISCLOSE TO THE
DEFENDANT OR HIS COUNSEL ALL MATERIAL CONTIANED IN ANY PRESENTENCE
REPORT, IF ONE HAS BEEN PREPARED, EXCEPT SUCH MATERIAL AS THE COURT
DETERMINES IS REQUIRED TO BE WITHHELD FOR THE PROSECUTION OF HUMAN LIFE
OR FOR THE PROTECTION OF THE NATIONAL SECURITY. ANY PRESENTENCE
INFORMATION WITHHELD FROM THE DEFENDANT SHALL NOT BE CONSIDERED IN
DETERMINING THE EXISTENCE OR THE NONEXISTENCE OF THE FACTORS SET FORTH
IN PARAGRAPH (6) OR (7). ANY INFORMATION RELEVANT TO ANY OF THE
MITIGATING FACTORS SET FORTH IN PARAGRAPH (6) MAY BE PRESENTED BY EITHER
THE GOVERNMENT OR THE DEFENDANT, REGARDLESS OF ITS ADMISSIBILITY UNDER
THE RULES GOVERNING ADMISSION OF EVIDENCE AT CRIMINAL TRIALS; BUT THE
ADMISIBILITY OF INFORMATION RELEVANT TO ANY OF THE AGGRAVATING FACTORS
SET FORTH IN PARAGRAPH (7) SHALL BE GOVERNED BY THE RULES GOVERNING THE
ADMISSION OF EVIDENCE AT CRIMINAL TRIALS. THE GOVERNMENT AND THE
DEFENDANT SHALL BE PERMITTED TO REBUT ANY INFORMATION RECEIVED AT THE
HEARING, AND SHALL BE GIVEN FAIR OPPORTUNITY TO PRESENT ARGUMENT AS TO
THE ADEQUACY OF THE INFORMATION TO ESTABLISH THE EXISTENCE OF ANY OF THE
FACTORS SET FORTH IN PARAGRAPH (6) IS ON THE DEFENDANT.
"(4) THE JURY OR, IF THERE IS NO JURY, THE COURT SHALL RETURN A
SPECIAL VERDICT SETTING FORTH ITS FINDINGS AS TO THE EXISTENCE OR
NONEXISTENCE OF EACH OF THE FACTORS SET FORTH IN PARAGRAPH (6) AND AS TO
THE EXISTENCE OR NONEXISTENCE OF EACH OF THE FACTORS SET FORTH IN
PARAGRAPH (7).
"(5) IF THE JURY OR, IF THERE IS NO JURY, THE COURT FINDS BY A
PREPONDERANCE OF THE INFORMATION THAT ONE OR MORE OF THE FACTORS SET
FORTH IN PARAGRAPH (7) EXISTS AND THAT NONE OF THE FACTORS SET FORTH IN
PARAGRAPH (6) EXISTS, THE COURT SHALL SENTENCE THE DEFENDANT TO DEATH.
IF THE JURY OR, IF THERE IS NO JURY, THE COURT FINDS THAT NONE OF THE
AGGRAVATING FACTORS SET FORTH IN PARAGRAPH (7) EXISTS, OR FINDS THAT ONE
OR MORE OF THE MITIGATING FACTORS SET FORTH IN PARAGRAPH (6) EXISTS, THE
COURT SHALL NOT SENTENCE THE DEFENDANT TO DEATH BUT SHALL IMPOSE ANY
OTHER SENTENCE PROVIDED FOR THE OFFENSE FOR WHICH THE DEFENDANT WAS
CONVICTED.
"(6) THE COURT SHALL NOT IMPOSE THE SENTENCE OF DEATH ON THE
DEFENDANT IF THE JURY OR, IF THERE IS NO JURY, THE COURT FINDS BY A
SPECIAL VERDICT AS PROVIDED IN PARAGRAPH (4) THAT AT THE TIME OF THE
OFFENSE---
"(A) HE WAS UNDER THE AGE OF EIGHTEEN;
"(B) HIS CAPACITY TO APPRECIATE THE WRONGFULNESS OF HIS CONDUCT
OR TO CONFORM HIS CONDUCT TO THE REQUIREMENTS OF LAW WAS
SIGNIFICANTLY IMPAIRED, BUT NOT SO IMPAIRED AS TO CONSTITUTE A
DEFENSE TO PROSECUTION;
"(C) HE WAS UNDER UNUSUAL AND SUBSTANTIAL DURESS, ALTHOUGH NOT
SUCH DURESS AS TO CONSTITUTE A DEFENSE TO PROSECUTION;
"(D) HE WAS A PRINCIPAL (AS DEFINED IN SECTION 2 (A) OF TITLE
18 OF THE UNITED STATES CODE) //65 STAT. 717.// IN THE OFFENSE,
WHICH WAS COMMITTED BY ANOTHER, BUT HIS PARTICIPATION WAS
RELATIVELY MINOR, ALTHOUGH NOT SO MINOR AS TO CONSTITUTE A DEFENSE
TO PROSECUTION; OR
"(E) HE COULD NOT REASONABLY HAVE FORESEEN THAT HIS CONDUCT IN
THE COURSE OF THE COMMISSION OF THE OFFENSE FOR WHICH HE WAS
CONVICTED WOULD CAUSE, OR WOULD CREATE A GRAVE RISK OF CAUSING
DEATH TO ANOTHER PERSON.
"(7) IF NO FACTOR SET FORTH IN PARAGRAPH (6) IS PRESENT, THE COURT
SHALL IMPOSE THE SENTENCE OF DEATH ON THE DEFENDANT IF THE JURY OR, IF
THERE IS NO JURY, THE COURT FINDS BY A SPECIAL VERDICT AS PROVIDED IN
PARAGRAPH (4) THAT---
"(A) THE DEATH OF ANOTHER PERSON RESULTED FROM THE COMMISSION
OF THE OFFENSE BUT AFTER THE DEFENDANT HAD SEIZED OR EXERCISED
CONTROL OF THE AIRCRAFT; OR
"(B) THE DEATH OF ANOTHER PERSON RESULTED FROM THE COMMISSION
OR ATTEMPTED COMMISSION OF THE OFFENSE, AND---
"(I) THE DEFENDANT HAS BEEN CONVICTED OF ANOTHER FEDERAL OR
STATE OFFENSE (COMMITTED EITHER BEFORE OR AT TIME OF THE COMMISION
OR ATTEMPTED COMMISION OF THE OFFENSE) FOR WHICH A SENTENCE OF
LIFE IMPRISONMENT OR DEATH WAS IMPOSABLE;
"(II) THE DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF TWO OR
MORE STATE OR FEDERAL OFFENSES WITH A PENALITY OF MORE THAN ONE
YEAR IMPRISONMENT (COMMITTED ON DIFFERENT OCCASIONS BEFORE THE
TIME OF THE COMMISSION OR ATTEMPTED COMMISSION OF THE OFFENSE),
INVOLVING THE INFLICTION OF SERIOUS BODILY INJURY UPON ANOTHER
PERSON;
"(III) IN THE COMMISSION OR ATTEMPTED COMMISIION OF THE
OFFENSE, THE DEFENDANT KNOWINGLY CREATED A GRAVE RISK OF DEATH TO
ANOTHER PERSON IN ADDITION TO THE VICTIM OF THE OFFENSE OR
ATTEMPTED OFFENSE; OR
"(IV) THE DEFENDANT COMMITTED OR ATTEMPTED TO COMMIT THE
OFFENSE IN AN ESPECIALLY HEINOUS, CRUEL, OR DEPRAVED MANNER."
SEC. 106. TITLE XI OF SUCH ACT (49 U.S.C. 1501 - 1513) //72 STAT.
797; 87 STAT. 90.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SECTIONS:
"SEC. 1114. (A) WHENEVER THE PRESIDENT DETERMINES THAT A FOREIGN
NATION IS ACTING IN A MANNER INCONSISTENT WITH THE CONVENTION FOR THE
SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT, OR IF HE DETERMINES THAT A
FOREIGN NATION PERMITS THE USE OF TERRITORY UNDER ITS JURISDICTION AS A
BASE OF OPERATIONS OR TRAINING OR AS A SANCTUARY FOR, OR IN ANY WAY
ARMS, AIDS, OR ABETS, ANY TERRORIST ORGANIZATION WHICH KNOWINGLY USES
THE ILLEGAL SEIZURE OF AIRCRAFT OR THE THREAT THEREOF AS AN INSTRUMENT
OF POLICY, HE MAY, WITHOUT NOTICE OR HEARING AND FOR AS LONG AS HE D
DETERMINES NECESSARY TO ASSURE THE SECURITY OF AIRCRAFT AGAINST UNLAWFUL
SEIZURE, SUSPEND (1) THE RIGHT OF ANY AIR CARRIER OR FOREIGN AIR CARRIER
TO ENGAGE IN FOREIGN AIR TRANSPORTATION, AND THE RIGHT OF ANY PERSON TO
OPERATE AIRCRAFT IN FOREIGN AIR COMMERCE, TO AND FROM THAT FOREIGN
NATION, AND (2) THE RIGHT OF ANY FOREIGN AIR CARRIER TO ENGAGE IN
FOREIGN AIR TRANSPORTATION, AND THE RIGHT OF ANY FOREIGN PERSON TO
OPERATE AIRCRAFT IN FOREIGN AIR COMMERCE, BETWEEN THE UNITED STATES AND
ANY FOREIGN NATION WHICH MAINTAINS AIR SERVICE BETWEEN ITSELF AND THAT
FOREIGN NATION. NOTHWITHSTANDING SECTION 1102 OF THIS ACT, //72 STAT.
797, 49 USC 1502.// THE PRESIDENT'S AUTHORITY TO SUSPEND RIGHTS UNDER
THIS SECTION SHALL BE DEEMED TO BE A CONDITION TO ANY CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY OR FOREIGN AIR CARRIER OR FOREIGN
AIRCRAFT PERMIT ISSUED BY THE CIVIL AERONAUTICS BOARD AND ANY AIR
CARRIER OPERATING CERTIFICATE OR FOREIGN AIR CARRIER OPERATING
SPECIFICATION ISSUED BY THE SECRETARY OF TRANSPORTATION.
"(B) IT SHALL BE UNLAWFUL FOR ANY AIR CARRIER OR FOREIGN AIR CARRIER
TO ENGAGE IN FOREIGN AIR TRANSPORTATION, OR FOR ANY PERSON TO OPERATE
AIRCRAFT IN FOREIGN AIR COMMERCE, IN VIOLATION OF THE SUSPENSION OF
RIGHTS BY THE PRESIDENT UNDER THIS SECTION.
"SECURITY STANDARDS IN FOREIGN AIR TRANSPORTATION //49 USC
1515.//
"SEC. 1115. (A) NOT LATER THAN 30 DAYS AFTER THE DATE OF ENACTMENT OF
THIS SECTION, THE SECRETARY OF STATE SHALL NOTIFY EACH NATION WITH WHICH
THE UNITED STATES HAS A BILATERAL AIR TRANSPORT AGREEMENT OR, IN THE
ABSENCE OF SUCH AGREEMENT, EACH NATION WHOSE AIRLINE OR AIRLINES HOLD A
FOREIGN AIR CARRIER PERMIT OR PERMITS ISSUED PURSUANT TO SECTION 402 OF
THIS ACT, //72 STAT. 757, 49 USC 1372.// OF THE PROVISIONS OF SUBSECTION
(B) OF THIS SECTION.
"(B) IN ANY CASE WHERE THE SECRETARY OF TRANSPORTATION, AFTER
CONSULTATION WITH THE COMPETENT AERONAUTICAL AUTHORITIES OF A FOREIGN
NATION WITH WHICH THE UNITED STATES HAS A BILATERAL AIR TRANSPORT
AGREEMENT AND IN ACCORDANCE WITH THE PROVISIONS OF THAT AGREEMENT OR, IN
THE ABSENCE OF SUCH AGREEMENT, OF A NATION WHOSE AIRLINE OR AIRLINES
HOLD A FOREIGN AIR CARRIER PERMIT OR PERMITS ISSUED PURSUANT TO SECTION
402 OF THIS ACT, FINDS THAT SUCH NATION DOES NOT EFFECTIVELY MAINTAIN
AND ADMINISTER SECURITY MEASURES RELATING TO TRANSPORTATION OF PERSONS
OR PROPERTY OR MAIL IN FOREIGN AIR TRANSPORTATION THAT ARE EQUAL TO OR
ABOVE THE MINIMUM STANDARDS WHICH ARE ESTABLISHED PURSUANT TO THE
CONVENTION ON INTERNATIONAL CIVIL AVIATION, HE SHALL NOTIFY THAT NATION
OF SUCH FINDING AND THE STEPS CONSIDERED NECESSARY TO BRING THE SECURITY
MEASURES OF THAT NATION TO STANDARDS AT LEAST EQUAL TO THE MINIMUM
STANDARDS OF SUCH CONVENTION. //61 STAT. 1180.// IN THE EVENT OF
FAILURE OF THAT NATION TO TAKE SUCH STEPS, THE SECRETARY OF
TRANSPORTATION, WITH THE APPROVAL OF THE SECRETARY OF STATE, MAY
WITHHOLD, REVOKE, OR IMPOSE CONDITIONS ON THE OPERATING AUTHORITY OF THE
AIRLINE OR AIRLINES OF THAT NATION.".
SEC. 107. THE FIRST SENTENCE OF SECTION 901 (A) (1) OF SUCH ACT (49
U.S.C. 1471 (A) (1)), //76 STAT. 149.// RELATING TO CIVIL PENALTIES, IS
AMENDED BY INSERTING ", OR OF SECTION 1114," IMMEDIATELY BEFORE "OF THIS
ACT". //ANTE, P. 413.//
SEC. 108. SUBSECTION (A) OF SECTION 1007 OF SUCH ACT (49 U.S.C.
1487), //72 STAT. 796.// RELATING TO JUDICIAL ENFORCEMENT, IS AMENDED BY
INSERTING "OR, IN THE CASE OF A VIOLATION OF SECTION 1114 OF THIS ACT,
THE ATTORNEY GENERAL," IMMEDIATELY AFTER "DULY AUTHORIZED AGENTS,".
SEC. 109. (A) THAT PORTION OF THE TABLE OF CONTENTS CONTAINED IN THE
FIRST SECTION OF THE FEDERAL AVIATION AXT OF 1958 WHICH APPEARS UNDER
THE SIDE HEADING
"SEC. 902. CRIMINAL PENALTIES." IS AMENDED BY STRIKING OUT---,
"(N) INVESTIGATIONS BY THE FEDERAL BUREAU OF INVESTIGATION.
"(O) INTERFERENCE WITH AIRCRAFT ACCIDENT INVESTIGATION."
AND INSERTING IN LIEU THEREOF---,
"(N) AIRCRAFT PIRACY OUTSIDE SPECIAL AIRCRAFT JURISDICTION OF
THE UNITED STATES.
"(O) INVESTIGATIONS BY FEDERAL BUREAU OF INVESTIGATION.
"(P) INTERFERENCE WITH AIRCRAFT ACCIDENT INVESTIGATION.".
(B) THAT PORTION OF SUCH TABLE OF CONTENTS WHICH APPEARS UNDER THE
SIDE HEADING
"SEC. 903. VENUE AND PROSECUTION OF OFFENSES." IS AMENDED BY ADDING
AT THE END THEREOF THE FOLLOWING NEW ITEM:
"(C) PROCEDURE IN RESPECT OF PENALTY FOR AIRCRAFT PIRACY.".
(C) THAT PORTION OF SUCH TABLE OF CONTENTS WHICH APPEARS UNDER THE
CENTER HEADING "TITLE XI-MISCELLANEOUS" IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW ITEMS:
"SEC. 1114. SUSPENSION OF AIR SERVICES.
"SEC. 1115. SECURITY STANDARDS IN FOREIGN AIR TRANSPORTATION.".
SEC. 201. THIS TITLE MAY BE CITED AS THE "AIR TRANSPORTATION SECURITY
ACT OF 1974". //49 USC 1356 NOTE.//
SEC. 202. TITLE III OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C.
1341 - 1355), //72 STAT. 7449// RELATING TO ORGANIZATION OF THE FEDERAL
AVIATION ADMINISTRATION AND THE POWERS AND DUTIES OF THE ADMINISTRATOR,
IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SECTIONS:
"SEC. 315. (A) THE ADMINISTRATOR SHALL PRESCRIBE OR CONTINUE IN
EFFECT REASONABLE REGULATIONS REQUIRING THAT ALL PASSENGERS AND ALL
PROPERTY INTENDED TO BE CARRIED IN THE AIRCRAFT CABIN AIR TRANSPORTATION
OR INTRASTATE AIR TRANSPORTATION BE SCREENED BY WEAPON-DETECTING
PROCEDURES OR FACILITIES EMPLOYED OR OPERATED BY EMPLOYEES OR AGENTS OF
THE AIR CARRIER, INSTRASTATE AIR CARRIER, OR FOREIGN AIR CARRIER PRIOR
TO BOARDING THE AIRCRAFT FOR SUCH TRANSPORTATION. ONE YEAR AFTER THE
DATE OF ENACTMENT OF THIS SECTION OR AFTER THE EFFECTIVE DATE OF SUCH
REGULATIONS, WHICHEVER IS LATER, THE ADMINISTRATOR MAY ALTER OR AMEND
SUCH REGULATIONS, REQUIRING A CONTINUATION OF SUCH SCREENING ONLY TO THE
EXTENT DEEMED NECESSARY TO ASSURE SECURITY AGAINST ACTS OF CRIMINAL
VIOLENCE AND AIRCRAFT PIRACY IN AIR TRANSPORTATION AND INTRASTATE AIR
TRANSPORTATION. THE ADMINISTRATOR SHALL SUBMIT SEMIANNUAL REPORTS TO
THE CONGRESS CONCERNING THE EFFECTIVENESS OF SCREENING PROCEDURES UNDER
THIS SUBSECTION AND SHALL ADVISE THE CONGRESS OF ANY REGULATIONS OR
AMENDMENTS THERETO TO BE PRESCRIBED PURSUANT TO THIS SUBSECTION AT LEAST
30 DAYS IN ADVANCE OF THEIR EFFECTIVE DATE, UNLESS HE DETERMINES THAT AN
EMERGENCY EXISTS WHICH REQUIRES THAT SUCH REGULATIONS OR AMENDMENTS TAKE
EFFECT IN LESS THAN 30 DAYS AND NOTIFIES THE CONGRESS OF HIS
DETERMINATION.
"(B) THE ADMINISTRATOR MAY EXEMPT FROM THE PROVISIONS OF THIS
SECTION, IN WHOLE OR IN PART, AIR TRANSPORTATION OPERATIONS, OTHER THAN
THOSE SCHEDULED PASSENGER OPERATIONS PERFORMED BY AIR CARRIERS ENGAGING
IN INTERSTATE, OVERSEAS, OR FOREIGN AIR TRANSPORTATION UNDER A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ISSUED BY THE CIVIL
AERONAUTICS BOARD UNDER SECTION 401 OF THIS ACT //72 STAT. 754; 82
STAT. 867, 49 USC 1371.// OR UNDER A FOREIGN AIR CARRIER PERMIT ISSUED
BY THE BOARD UNDER SECTION 402 OF THIS ACT. //49 USC 1372.//
"SEC. 316. (A) (1) THE ADMINISTRATOR OF THE FEDERAL AVIATION
ADMINISTRATION SHALL PRESCRIBE SUCH REASONABLE RULES AND REGULATIONS
REQUIRING SUCH PRACTICES, METHODS, AND PROCEDURES, OR GOVERNING THE
DESIGN, MATERIALS, AND CONSTRUCTION OF AIRCRAFT, AS HE MAY DEEM
NECESSARY TO PROTECT PERSONS AND PROPERTY ABOARD AIRCRAFT OPERATING IN
AIR TRANSPORTATION OR INTRASTATE AIR TRANSPORTATION AGAINST ACTS OF
CRIMINAL VIOLENCE AND AIRCRAFT PIRACY.
"(2) IN PRESCRIBING AND AMENDING RULES AND REGULATIONS UNDER
PARAGRAPH (1) OF THIS SUBSECTION, THE ADMINISTRATOR SHALL---
"(A) CONSULT WITH THE SECRETARY OF TRANSPORTATION, THE ATTORNEY
GENERAL, AND SUCH OTHER FEDERAL, STATE, AND LOCAL AGENCIES AS HE
MAY DEEM APPROPRIATE;
"(B) CONSIDER WHETHER ANY PROPOSED RULE OR REGULATION IS
CONSISTENT WITH PROTECTION OF PASSENGERS IN AIR TRANSPORTATION OR
INTRASTATE AIR TRANSPORTATION AGAINST ACTS OF CRIMINAL VIOLENCE
AND AIRCRAFT PIRACY AND THE PUBLIC INTEREST IN THE PROMOTION OF
AIR TRANSPORTATION AND INTRASTATE AIR TRANSPORTATION;
"(C) TO THE MAXIMUM EXTENT PRACTICABLE, REQUIRE UNIFORM
PROCEDURES FOR THE INSPECTION, DETENTION, AND SEARCH OF PERSONS
AND PROPERTY IN AIR TRANSPORTATION AND INTRASTATE AIR
TRANSPORTATION TO ASSURE THEIR SAFETY AND TO ASSURE THAT THEY WILL
RECEIVE COURTEOUS AND EFFICIENT TREATMENT, BY AIR CARRIERS, THEIR
AGENTS AND EMPLOYEES, AND BY FEDERAL, STATE, AND LOCAL LAW
ENFORCEMENT PERSONNEL ENGAGED IN CARRYING OUT ANY AIR
TRANSPORTATION SECURITY PROGRAM ESTABLISHED UNDER THIS SECTION;
AND
"(D) CONSIDER THE EXTENT TO WHICH ANY PROPOSED RULE OR
REGULATION WILL CONTRIBUTE TO CARRYING OUT THE PURPOSES OF THIS
SECTION.
"(B) REGULATIONS PRESCRIBED UNDER SUBSECTION (A) OF THIS SECTION
SHALL REQUIRE OPERATORS OF AIRPORTS REGULARLY SERVING AIR CARRIERS
CERTIFICATED BY THE CIVIL AERONAUTICS BOARD TO ESTABLISH AIR
TRANSPORTATION SECURITY PROGRAMS PROVIDING A LAW ENFORCEMENT PRESENCE
AND CAPABILITY AT SUCH AIRPORTS ADEQUATE TO INSURE THE SAFETY OF PERSONS
TRAVELING IN AIR TRANSPORTATION OR INTRASTATE AIR TRANSPORTATION FROM
ACTS OF CRIMINAL VIOLENCE AND AIRCRAFT PIRACY. SUCH REGULATIONS SHALL
AZUTHORIZE SUCH AIRPORT OPERATORS TO UTILIZE THE SERVICES OF QUALIFIED
STATE, LOCAL, AND PRIVATE LAW ENFORCEMENT PERSONNEL WHOSE SERVICES ARE
MADE AVAILABLE BY THEIR EMPLOYERS. IN ANY CASE IN WHICH THE
ADMINISTRATOR DETERMINES, AFTER RECEIPT OF NOTIFICATION FROM AN AIRPORT
OPERATOR IN SUCH FORM AS THE ADMINISTRATOR MAY PRESCRIBE, THAT QUALIFIED
STATE, LOCAL, AND PRIVATE LAW ENFORCEMENT PERSONNEL ARE NOT AVAILABLE IN
SUFFICIENT NUMBERS TO CARRY OUT THE PROVISIONS OF SUBSECTION (A) OF THIS
SECTION, THE ADMINISTRATOR MAY, BY ORDER, AUTHORIZE SUCH AIRPORT
OPERATOR TO UTILIZE, ON A REIMBURSABLE BASIS, THE SERVICES OF---
"(1) PERSONNEL EMPLOYED BY ANY OTHER FEDERAL DEPARTMENT OR
AGENCY, WITH THE CONSENT OF THE HEAD OF SUCH DEPARTMENT OR AGENCY;
AND
"(2) PERSONNEL EMPLOYED DIRECTLY BY THE ADMINISTRATOR; AT THE
AIRPORT CONCERNED IN SUCH NUMBERS AND FOR SUCH PERIOD OF TIME AS THE
ADMINISTRATOR MAY DEEM NECESSARY TO SUPPLEMENT SUCH STATE, LOCAL, AND
PRIVATE LAW ENFORCEMENT PERSONNEL. IN MAKING THE DETERMINATION REFERRED
TO IN THE PRECEDING SENTENCE THE ADMINISTRATOR SHALL TAKE INTO
CONSIDERATION---,
"(A) THE NUMBER OF PASSENGERS ENPLANED AT SUCH AIRPORT;
"(B) THE EXTENT OF ANTICIPATED RISK OF CRIMINAL VIOLENCE AND
AIRCRAFT PIRACY AT SUCH AIRPORT OR TO THE AIR CARRIER AIRCRAFT
OPERATIONS AT SUCH AIRPORT; AND
"(C) THE AVAILABILITY AT SUCH AIRPORT OF QUALIFIED STATE OR
LOCAL LAW ENFORCEMENT PERSONNEL.
"(C) THE ADMINISTRATOR MAY PROVIDE TRAINING FOR PERSONNEL EMPLOYED BY
HIM TO CARRY OUT ANY AIR TRANSPORTATION SECURITY PROGRAM ESTABLISHED
UNDER THIS SECTION AND FOR OTHER PERSONNEL, WHOSE SERVICES MAY BE
UTILIZED IN CARRYING OUT ANY SUCH AIR TRANSPORTATION SECURITY PROGRAM.
THE ADMINISTRATOR SHALL PRESCRIBE UNIFORM STANDARDS WITH RESPECT TO
TRAINING PROVIDED PERSONNEL WHOSE SERVICES ARE UTILIZED TO ENFORCE ANY
SUCH AIR TRANSPORTATION SECURITY PROGRAM, INCLUDING STATE, LOCAL, AND
PRIVATE LAW ENFORCEMENT PERSONNEL, AND UNIFORM STANDARDS WITH RESPECT TO
MINIMUM QUALIFICATIONS FOR PERSONNEL ELIGIBLE TO RECEIVE SUCH TRAINING.
"RESEARCH AND DEVELOPMENT; CONFIDENTIAL INFORMATION
"(D) (1) THE ADMINISTRATOR SHALL CONDUCT SUCH RESEARCH (INCLUDING
BEHAVIORAL RESEARCH) AND DEVELOPMENT AS HE MAY DEEM APPROPRIATE TO
DEVELOP, MODIFY, TEST, AND EVALUATE SYSTEMS, PROCEDURES, FACILITIES, AND
DEVICES TO PROTECT PERSONS AND PROPERTY ABOARD AIRCRAFT IN AIR
TRANSPORTATION OR INTRASTATE AIR TRANSPORTATION AGAINST ACTS OF CRIMINAL
VIOLENCE AND AIRCRAFT PIRACY.
"(2) NOTWITHSTANDING SECTION 552 OF TITLE 5, UNITED STATES CODE, //81
STAT. 54.// RELATING TO FREEDOM OF INFORMATION, THE ADMINISTRATOR SHALL
PRESCRIBE SUCH REGULATIONS AS HE MAY DEEM NECESSARY TO PROHIBIT
DISCLOSURE OF ANY INFORMATION OBTAINED OR DEVELOPED IN THE CONDUCT OF
RESEARCH AND DEVELOPMENT ACTIVITIES UNDER THIS SUBSECTION IF, IN THE
OPINION OF THE ADMINISTRATOR, THE DISCLOSURE OF SUCH INFORMATION---
"(A) WOULD CONSTITUTE AN UNWARRANTED INVASION OF PERSONAL
PRIVACY (INCLUDING, BUT NOT LIMITED TO, INFORMATION CONTAINED IN
ANY PERSONNEL, MEDICAL, OR SIMILAR FILE);
"(B) WOULD REVEAL TRADE SECRETS OR PRIVILEGED OR CONFIDENTIAL
COMMERCIAL OR FINANCIAL INFORMATION OBTAINED FROM ANY PERSON; OR
"(C) WOULD BE DETRIMENTAL TO THE SAFETY OF PERSONS TRAVELING IN
AIR TRANSPORTATION.
NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO AUTHORIZE THE
WITHHOLDING OF INFORMATION FROM THE DULY AUTHORIZED COMMITTEES OF THE
CONGRESS.
"(E) (1) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY LAW, NO POWER,
FUNCTION, OR DUTY OF THE ADMINISTRATOR OF THE FEDERAL AVIATION
ADMINISTRATION UNDER THIS SECTION SHALL BE ASSIGNED OR TRANSFERRED TO
ANY OTHER FEDERAL DEPARTMENT OR AGENCY.
"(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ADMINISTRATOR OF
THE FEDERAL AVIATION ADMINISTRATION SHALL HAVE EXCLUSIVE RESPONSIBILITY
FOR THE DIRECTION OF ANY LAW ENFORCEMENT ACTIVITY AFFECTING THE SAFETY
OF PERSONS ABOARD AIRCRAFT IN FLIGHT INVOLVED IN THE COMMISSION OF AN
OFFENSE UNDER SECTION 902(I) OR 902(N) OF THIS ACT. //ANTE, P. 410.//
OTHER FEDERAL DEPARTMENTS AND AGENCIES SHALL, UPON REQUEST BY THE
ADMINISTRATOR, PROVIDE SUCH ASSISTANCE AS MAY BE NECESSARY TO CARRY OUT
THE PURPOSES OF THIS PARAGRAPH.
"(3) FOR THE PURPOSES OF THIS SUBSECTION, AN AIRCRAFT IS CONSIDERED
IN FLIGHT FROM THE MOMENT WHEN ALL EXTERNAL DOORS ARE CLOSED FOLLOWING
EMBARKATION UNTIL THE MOMENT WHEN ONE SUCH DOOR IS OPENED FOR
DISEMBARKATION.
"(F) FOR THE PURPOSES OF THIS SECTION, THE TERM 'LAW ENFORCEMENT
PERSONNEL' MEANS INDIVIDUALS---,
"(1) AUTHORIZED TO CARRY AND USE FIREARMS,
"(2) VESTED WITH SUCH POLICE POWER OF ARREST AS THE
ADMINISTRATOR DEEMS NECESSARY TO CARRY OUT THIS SECTION, AND
"(3) IDENTIFIABLE BY APPROPRIATE INDICIA OF AUTHORITY.".
SEC. 203. SECTION 902(I) OF THE FEDERAL AVIATION ACT OF 1958 IS
AMENDED TO READ AS FOLLOWS: //75 STAT. 466; 84 STAT. 921, 49 USC
1472.//
"(1) (1) WHOEVER, WHILE ABOARD, OR WHILE ATTEMPTING TO BOARD, ANY
AIRCRAFT IN, OR INTENDED FOR OPERATION IN, AIR TRANSPORTATION OR
INTRASTATE AIR TRANSPORTATION, HAS ON OR ABOUT HIS PERSON OR HIS
PROPERTY A CONCEALED DEADLY OR DANGEROUS WEAPON, WHICH IS, OR WOULD BE,
ACCESSIBLE TO SUCH PERSON IN FLIGHT, OR ANY PERSON WHO HAS ON OR ABOUT
HIS PERSON, OR WHO HAS PLACED, ATTEMPTED TO PLACE, OR ATTEMPTED TO HAVE
PLACED ABOARD SUCH AIRCRAFT ANY BOMB, OR SIMILAR EXPLOSIVE OR INCENDIARY
DEVICE, SHALL BE FINED NOT MORE THAN $1,000 OR IMPRISONED NOT MORE THAN
ONE YEAR, OR BOTH.
"(2) WHOEVER WILLFULLY AND WITHOUT REGARD FOR THE SAFETY OF HUMAN
LIFE, OR WITH RECKLESS DISREGARD FOR THE SAFETY OF HUMAN LIFE, SHALL
COMMIT AN ACT PROHIBITED BY PARAGRAPH (1) OF THIS SUBSECTION, SHALL BE
FINED NOT MORE THAN $5,000 OR IMPRISONED NOT MORE THAN FIVE YEARS, OR
BOTH.
"(3) THIS SUBSECTION SHALL NOT APPLY TO LAW ENFORCEMENT OFFICERS OF
ANY MUNICIPAL OR STATE GOVERNMENT, OR THE FEDERAL GOVERNMENT, WHO ARE
AUTHORIZED OR REQUIRED WITHIN THEIR OFFICIAL CAPACITIES TO CARRY ARMS,
OR TO PERSONS WHO MAY BE AUTHORIZED, UNDER REGULATIONS ISSUED BY THE
ADMINISTRATOR, TO CARRY DEADLY OR DANGEROUS WEAPONS IN AIR
TRANSPORTATION OR INTRASTATE AIR TRANSPORTATION; NOT SHALL IT APPLY TO
PERSONS TRANSPORTING WEAPONS CONTAINED IN BAGGAGE WHICH IS NOT
ACCESSIBLE TO PASSENGERS IN FLIGHT IF THE PRESENCE OF SUCH WEAPONS HAS
BEEN DECLARED TO THE AIR CARRIER."
SEC. 204. SECTION 1111 OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.
C. 1511), //72 STAT. 800; 75 STAT. 467.// RELATING TO AUTHORITY TO
REFUSE TRANSPORTATION, IS AMENDED TO READ AS FOLLOWS:
"SEC. 1111. (A) THE ADMINISTRATOR SHALL, BE REGULATION, REQUIRE ANY
AIR CARRIER, INTRASTATE AIR CARRIER, OR FOREIGN AIR CARRIER TO REFUSE TO
TRANSPORT---,
"(1) ANY PERSON WHO DOES NOT CONSENT TO A SEARCH OF HIS PERSON,
AS PRESCRIBED IN SECTION 315 (A) OF THIS ACT, //ANTE, P. 415.//
TO DETERMINE WHETHER HE IS UNLAWFULLY CARRYING A DANGEROUS WEAPON,
EXPLOSIVE, OR OTHER DESTRUCTIVE SUBSTANCE, OR
"(2) ANY PROPERTY OF ANY PERSON WHO DOES NOT CONSENT TO A
SEARCH OR INSPECTION OF SUCH PROPERTY TO DETERMINE WHETHER IT
UNLAWFULLY CONTAINS A DANGEROUS WEAPON, EXPLOSIVE, OR OTHER
DESTRUCTIVE SUBSTANCE.
SUBJECT TO REASONABLE RULES AND REGULATIONS PRESCRIBED BY THE
ADMINISTRATOR, ANY SUCH CARRIER MAY ALSO REFUSE TRANSPORTATION OF A
PASSENGER OR PROPERTY WHEN, IN THE OPINION OF THE CARRIER, SUCH
TRANSPORTATION WOULD OR MIGHT BER INIMICAL TO SAFETY OF FLIGHT.
"(B) ANY AGREEMENT FOR THE CARRIAGE OF PERSONS OR PROPERTY IN AIR
TRANSPORTATION OR INTRASTATE AIR TRANSPORTATION BY AN AIR CARRIER,
INTRASTATE AIR CARRIER, OR FOREIGN AIR CARRIER FOR COMPENSATION OR HIRE
SHALL BE DEEMED TO INCLUDE AN AGREEMENT THAT SUCH CARRIAGE SHALL BE
REFUSED WHEN CONSENT TO SEARCH SUCH PERSONS OR INSPECT SUCH PROPERTY FOR
THE PURPOSES ENUMERATED IN SUBSECTION (A) OF THIS SECTION IS NOT
GIVEN.".
SEC. 205. TITLE XI OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C.
1501 - 1513) //ANTE, P. 413.// IS AMENDED BY ADDING AT THE END THEREOF
THE FOLLOWING NEW SECTION:
"SEC. 1116. THE CIVIL AERONAUTICS BOARD SHALL ISSUE SUCH REGULATIONS
OR ORDERS AS MAY BE NECESSARY TO REQUIRE THAT ANY AIR CARRIER RECEIVING
FOR TRANSPORTATION AS BAGGAGE ANY PROPERTY OF A PERSON TRAVELING IN AIR
TRANSPORTATION, WHICH PROPERTY CANNOT LAWFULLY BE CARRIED BY SUCH PERSON
IN THE AIRCRAFT CABIN BY REASON OF ANY FEDERAL LAW OR REGULATION, SHALL
ASSUME LIABILITY TO SUCH PERSON, AT A REASONABLE CHARGE AND SUBJECT TO
REASONABLE TERMS AND CONDITIONS, WITHIN THE AMOUNT DECLARED TO THE AIR
CARRIER BY SUCH PERSON, FOR THE FULL ACTUAL LOSS OR DAMAGE TO SUCH
PROPERTY CAUSED BY SUCH AIR CARRIER.".
SEC. 206. SECTION 101 OF THE FEDERAL AVIATION ACT OF 1958 (49 U.S.C.
1301), //ANTE, P. 409.// RELATING TO DEFINITIONS, IS AMENDED BY
REDESIGNATING PARAGRAPHS (22) THROUGH (36) AS PARAGRAPHS (24) THROUGH
(38), RESPECTIVELY, AND BY INSERTING IMMEDIATELY AFTER PARAGRAPH (21)
THE FOLLOWING NEW PARAGRAPHS:
"(22) 'INTRASTATE AIR CARRIER' MEANS ANY CITIZEN OF THE UNITED STATES
WHO UNDERTAKES, WHETHER DIRECTLY OR INDIRECTLY OR BY A LEASE OR ANY
OTHER ARRANGEMNT, TO ENGAGE SOLELY IN INTRASTATE AIR TRANSPORTATION.
"(23) 'INTRASTATE AIR TRANSPORTATION' MEANS THE CARRIAGE OF PERSONS
OR PROPERTY AS A COMMON CARRIER FOR COMPENSATION OR HIRE, BY
TURBOJETPOWERED AIRCRAFT CAPABLE OF CARRYING THIRTY OF MORE PERSONS,
WHOLLY WITHIN THE SAME STATE OF THE UNITED STATE.".
SEC. 207. (A) THAT PORTION OF THE TABLE OF CONTENTS CONTAINED IN THE
FIRST SECTION OF THE FEDERAL AVIATION ACT OF 1958 WHICH APPEARS UNDER
THE CENTER HEADING: "TITLE III-ORGANIZATION OF AGENCY AND POWERS AND
DUTIES OF ADMINISTRATOR" IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW ITEMS:
"SEC. 315. SCREENING OF PASSENGERS IN AIR TRANSPORTATION.
"(A) PROCEDURES AND FACILITIES.
"(B) EXEMPTION AUTHORITY.
"SEC. 316. AIR TRANSPORTATION SECURITY.
"(A) RULES AND REGULATIONS.
"(B) PERSONNEL.
"(C) TRAINING.
"(D) RESEARCH AND DEVELOPMENT; CONFIDENTIAL INFORMATION.
"(E) OVERALL FEDERAL RESPONSIBILIT
"(F) DEFINITION.
(B) THAT PORTION OF SUCH TABLE OF CONTENTS WHICH APPEARS UNDER THE
SIDE HEADING
"SEC. 902. CRIMINAL PENALTIES." IS AMENDED BY STRIKING OUT---
"(1) CARRYING WEAPONS ABOARD AIRCRAFT."
AND INSERTING IN LIEU THEREOF---
"(1) CARRYING WEAPONS OR EXPLOSIVES ABOARD AIRCRAFT.".
(C) THAT PORTION OF SUCH TABLE OF CONTENTS WHICH APPEARS UNDER THE
CENTER HEADING "TITLE XI-MISCELLANEOUS" IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW ITEM:
"SEC. 1116. LIABILITY FOR CERTAIN PROPERTY.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 885 ACCOMPANYING H.R. 3858 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE AND NO. 93 - 1194 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 13 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): FEB. 21, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAR. 13, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIEU OF H.R. 3858.
JULY 17, HOUSE AGREED TO CONFERENCE REPORT.
JULY 23, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-365, 88 STAT 399, DEPARTMENT OF DEFENSE APPROPRIATION
AUTHORIZATION ACT, 1975.
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 1975 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, $320,300,000; FOR THE NAVY AND THE
MARINE CORPS, $2,866,200,000; FOR THE AIR FORCE, $3,286,300,000 OF
WHICH (1) $104,900,000 SHALL BE USED ONLY FOR THE PROCUREMENT OF A-7D
AIRCRAFT FOR THE AIR NATIONAL GUARD OF THE UNITED STATES, AND (2)
$405,100,000 SHALL BE AVAILABLE ONLY FOR PROCUREMENT IN CONNECTION WITH
THE AIRBORNE WARNING AND CONTROL SYSTEM, AND SHALL BE AVAILABLE FOR THAT
PURPOSE ONLY IF AND AFTER THE SECRETARY OF DEFENSE DETERMINES ADN
CERTIFIES SUCH DETERMINATION TO THE CONGRESS THAT SUCH SYSTEM IS COST
EFFECTIVE AND MEETS THE MISSION NEEDS AND REQUIREMENTS OF THE DEPARTMENT
OF DEFENSE, EXCEPT THAT THE FOREGOING CERTIFICATION REQUIREMENT SHALL
NOT APPLY WITH RESPECT TO THE PROCUREMENT OF LONG LEAD TIME ITEMS FOR
SUCH SYSTEM.
FOR MISSILES: FOR THE ARMY, $436,500,000; FOR THE NAVY,
$634,500,000; FOR THE MARINE CORPS, $74,100,000; FOR THE AIR FORCE,
$1,579,200,000.
FOR NAVAL VESSELS: FOR THE NAVY, $3,156,400,000, OF WHICH SUM
$1,166,800,000 SHALL BE USED ONLY FOR THE TRIDENT PROGRAM; $502,500,000
SHALL BE USED ONLY FOR THE SSN-688 NUCLEAR ATTACK SUBMARINE;
$244,300,000 SHALL BE USED ONLY FOR THE DLGN NUCLEAR POWERED GUIDED
MISSILE FRIGATE PROGRAM; $457,100,000 SHALL BE USED ONLY FOR THE DD-963
PROGRAM; $16,000,000 SHALL BE USED ONLY FOR THE SEA CONTROL SHIP
PROGRAM; $92,300,000 SHALL BE USED ONLY FOR THE PATROL HYDROFOIL
MISSILE PROGRAM; $186,000,000 SHALL BE USED ONLY FOR THE PATROL FRIGATE
PROGRAM; $81,400,000 SHALL BE USED ONLY FOR THE FLEET OILER;
$116,700,000 SHALL BE USED ONLY FOR A DESTROYER TENDER; $10,800,000
SHALL BE USED ONLY FOR A FLEET OCEAN TUG; $104,600,000 SHALL BE USED
ONLY FOR THE POSEIDON CONVERSION OF FLEET BALLISTIC-MISSILE SUBMARINES;
$18,300,000 SHALL BE USED ONLY FOR CONVERSION OF A SUBMARINE TENDER;
$22,000,000 SHALL BE USED ONLY FOR CRAFT; $10,400,000 SHALL BE USED
ONLY FOR POLLUTION ABATEMENT CRAFT; $55,300,000 SHALL BE USED ONLY FOR
OUTFITTING MATERIAL AND POST DELIVERY; $71,900,000 SHALL BE USED ONLY
FOR ESCALATION ON PRIOR YEAR PROGRAMS.
FOR TRACKED COMBAT VEHICLES: FOR THE ARMY, $300,600,000; FOR THE
MARINE CORPS, $74,200,000.
FOR TORPEDOES AND RELATED SUPPORT EQUIPMENT: FOR THE NAVY,
$187,700,000.
FOR OTHER WEAPONS: FOR THE ARMY, $52,000,000; FOR THE NAVY,
$25,500,000; FOR THE MARINE CORPS, $500,000.
SEC. 201. FUNDS ARE HEREBY AUTHORIZED TO BE APPROPRIATED DURING THE
FISCAL YEAR 1975 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, $1,878,397,000;
FOR THE NAVY (INCLUDING THE MARINE CORPS), $3,153,006,000, OF WHICH
$57,500,000 SHALL BE AVAILABLE ONLY FOR APPLICATION TO SURFACE NAVAL
GUNNERY (EXCLUDING THE CLOSE-IN WEAPON SYSTEM), INCLUDING GUN FIRE
CONTROL SYSTEMS, GUN MOUNTS, UNGUIDED AND GUIDED ORDNANCE, AND FUZING;
FOR THE AIR FORCE, $3,389,517,000; AND
FOR THE DEFENSE AGENCIES, $516,057,000, OF WHICH $25,000,000 IS
AUTHORIZED FOR THE ACTIVITIES OF THE DIRECTOR OF TEST AND EVALUATION,
DEFENSE.
SEC. 301. FOR THE FISCAL YEAR BEGINNING JULY 1, 1974, AND ENDING JUNE
30, 1975, 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, 540,380;
(3) THE MARINE CORPS, 196,398;
(4) THE AIR FORCE, 627,535.
SEC. 302. (A) THE UNITED STATES MILITARY FORCES IN EUROPE CAN REDUCE
HEADQUARTERS AND NONCOMBAT MILITARY FORCES IN EUROPE RELATIVE TO THE
REDUCE HEADQUARTERS AND NONCOMBAT MILITARY PERSONNEL RELATIVE TO THE
NUMBER OF COMBAT PERSONNEL LOCATED IN EUROPE. THEREFORE, EXCEPT IN THE
EVENT OF IMMINENT HOSTILITIES IN EUROPE, THE NONCOMBAT COMPONENT OF THE
TOTAL UNITED STATES MILITARY STRENGTH IN EUROPE AUTHORIZED AS OF JUNE
30, 1974, SHALL BE REDUCED BY 18,000. SUCH REDUCTION SHALL BE COMPLETED
NOT LATER THAN JUNE 30, 1976, AND NOT LESS THAN 6,000 OF SUCH REDUCTION
SHALL BE COMPLETED ON OR BEFORE JUNE 30, 1975; HOWEVER, THE SECRETARY
OF DEFENSE IS AUTHORIZED TO INCREASE THE COMBAT COMPONENT REDUCTION MADE
IN NONCOMBAT PERSONNEL. THE SECRETARY OF DEFENSE SHALL REPORT
SEMI-ANNUALLY TO THE CONGRESS ON ALL ACTIONS TAKEN TO IMPROVE THE COMBAT
PROPORTION OF UNITED STATES FORCES IN EUROPE. THE FIRST REPORT SHALL BE
SUBMITTED NOT LATER THAN MARCH 31, 1975.
(B) FOR PURPOSES OF THIS SECTION, THE COMBAT COMPONENT OF THE ARMY
INCLUDES ONLY THE INFANTRY, CAVALRY, ARTILLERY, ARMORED, COMBAT
ENGINEERS, SPECIAL FORCES, ATTACK ASSAULT HELICOPTER UNITS, AIR DEFENSE,
AND MISSILE COMBAT UNITS OF BATTALION OR SMALLER SIZE; THE COMBAT
COMPONENT OF THE NAVY INCLUDES ONLY THE COMBAT SHIPS (AIRCRAFT CARRIER,
CRUISER, DESTROYER, SUBMARINE, ESCORT AND AMPHIBIOUS ASSAULT SHIPS) AND
COMBAT AIRCRAFT WINGS (FIGHTER, ATTACK, RECONNAISSANCE, AND PATROL);
THE COMBAT COMPONENT OF THE AIR FORCE INCLUDES ONLY THE TACTICAL FIGHTER
RECONNAISSANCE, TACTICAL AIRLIFT, FIGHTER INTERCEPTOR AND BOMBER UNITS
OF WING OR SMALLER SIZE.
(C) THE SECRETARY OF DEFENSE SHALL UNDERTAKE A SPECIFIC ASSESSMENT OF
THE COSTS AND POSSIBLE LOSS OF NONNUCLEAR COMBAT EFFECTIVENESS OF THE
MILITARY FORCES OF THE NORTH ATLANTIC TREATY ORGANIZATION COUNTRIES
CAUSED BY THE FAILURE OF THE NORTH ATLANTIC TREATY ORGANIZATION MEMBERS,
INCLUDING THE UNITED STATES, TO STANDARDIZE WEAPONS SYSTEMS, AMMUNITION,
FUEL, AND OTHER MILITARY IMPEDIMENTA FOR LAND, AIR, AND NAVAL FORCES.
THE SECRETARY OF DEFENSE SHALL ALSO DEVELOP A LIST OF STANDARDIZATION
ACTIONS THAT COULD IMPROVE THE OVERALL NORTH ATLANTIC TREATY
ORGANIZATION NONNUCLEAR DEFENSE CAPABILITY OR SAVE RESOURCES FOR THE
ALLIANCE AS A WHOLE. HE SHALL ALSO EVALUATE THE RELATIVE PRIORITY AND
EFFECT OF EACH SUCH ACTION. THE SECRETARY SHALL SUBMIT THE RESULTS OF
THESE ASSESSMENTS AND EVALUATIONS TO THE CONGRESS AND SUBSEQUENTLY SHALL
ALSO CAUSE THEM TO BE BROUGHT BEFORE THE APPROPRIATE NORTH ATLANTIC
TREATY ORGANIZATION BODIES IN ORDER THAT THE SUGGESTED ACTIONS AND
RECOMMENDATIONS CAN BECOME AN INTEGRAL PART OF THE OVERALL NORTH
ATLANTIC TREATY ORGANIZATION REVIEW OF FORCE GOALS AND DEVELOPMENT OF
FORCE PLANS. THE SECRETARY OF DEFENSE SHALL REPORT SEMIANNUALLY TO THE
CONGRESS ON THE SPECIFIC ASSESSMENTS AND EVLUATIONS MADE UNDER THE ABOVE
PROVISIONS AS WELL AS THE RESULTS ACHIEVED WITH THE NORTH ATLANTIC
TREATY ORGANIZATION ALLIES. THE FIRST SUCH REPORT SHALL BE SUBMITTED TO
CONGRESS NOT LATER THAN JANUARY 31, 1975.
(D) THE TOTAL NUMBER OF UNITED STATES TACTICAL NUCLEAR WARHEADS
LOCATED IN EUROPE ON THE DATE OF ENACTMENT OF THIS ACT SHALL NOT BE
INCREASED UNTIL AFTER JUNE 30, 1975, EXCEPT IN THE EVENT OF IMMINENT
HOSTILITIES IN EUROPE. THE SECRETARY OF DEFENSE SHALL STUDY THE OVERALL
CONCEPT FOR USE OF TACTICAL NUCLEAR WEAPONS IN EUROPE; HOW THE USE OF
SUCH WEAPONS RELATES TO DETERRENCE AND TO A STRONG CONVENTIONAL DEFENSE;
REDUCTIONS IN THE NUMBER AND TYPE OF NUCLEAR WARHEADS WHICH ARE NOT
ESSENTIAL FOR THE DEFENSE STRUCTURE FOR WESTERN EUROPE; AND THE STEPS
THAT CAN BE TAKEN TO DEVELOP A RATIONAL AND COORDINATED NUCLEAR POSTURE
BY THE NORTH ATLANTIC TREATY ORGANIZATION ALLIANCE THAT IS CONSISTENT
WITH PROPER EMPHASIS ON CONVENTIAL DEFENSE FORCES. THE SECRETARY OF
DEFENSE SHALL REPORT TO THE COMMITTEES ON ARMED SERVICES AND FOREIGN
RELATIONS OF THE SENATE AND THE COMMITTEES ON ARMED SERVICES AND FOREIGN
AFFAIRS OF THE HOUSE OF REPRESENTATIVES ON THE RESULTS OF THE ABOVE
STUDY ON OR BEFORE APRIL 1, 1975.
SEC. 401. FOR THE FISCAL YEAR BEGINNING JULY 18 1974, AND ENDING JUNE
30, 1975, THE SELECTED RESERVE OF EACH RESERVE COMPONENT OF THE ARMED
FORCES WILL 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, 225,000;
(3) THE NAVAL RESERVE, 117,000;
(4) THE MARINE CORPS RESERVE, 36,703;
(5) THE AIR NATIONAL GUARD OF THE UNITED STATES, 95,000;
(6) THE AIR FORCE RESERVE, 51,319;
(7) THE COAST GUARD RESERVE, 11,700.
SEC. 402. THE AVERAGE STRENGTH PRESCRIBED BY SECTION 401 OF THIS
TITLE 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 BY (OTHER THAN FOR TRAINING) AT ANY SUCH 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 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. 403. (A) THE AVERAGE STRENGTH PRESCRIBED BY SECTION 401 OF THIS
TITLE FOR THE AIR NATIONAL GUARD OF THE UNITED STATES SHALL BE USED TO
MAN A FORCE WHICH SHALL INCLUDE NOT LESS THAN 91 FLYING UNITS IN THE AIR
NATIONAL GUARD DURING THE FISCAL YEAR BEGINNING JULY 18 1974.
(B) IT IS THE POLICY OF CONGRESS THAT ANY INCREASE IN THE RATIO OF
AIRCREW TO AIRCRAFT FOR THE STRATEGIC AIRLIFT MISSION OF THE AIR FORCE
ABOVE THE PRESENT RATIO OF CREWMEMBERS PER AIRCRAFT SHOULD BE ACHIEVED
TO THE MAXIMUM EXTENT POSSIBLE THROUGH THE COMPONENTS OF THE SELECTED
RESERVE AND NOT BY INCREASING THE ACTIVE DUTY FORCE LEVEL OF THE AIR
FORCE. TO CARRY OUT SUCH POLICY THE SECRETARY OF DEFENSE IS DIRECTED TO
STUDY THE POSSIBILITY OF INCREASING THE STRATEGIC AIRLIFT CREW RATIO PER
AIRCRAFT TO THE REQUIRED LEVELS BY UTILIZING JOINTLY THE RESOURCES OF
THE AIR NATIONAL GUARD AND THE AIR FORCE RESERVE. SUCH STUDY SHALL
SPECIFICALLY INCLUDE: (1) RESTRUCTURING THE MISSIONS OF AIR NATIONAL
GUARD UNITS SO AS TO RETAIN AN EFFECTIVE STRATEGIC AIRLIFT CAPABILITY
WITHIN THE AIR NATIONAL GUARD AND THE AIR FORCE RESERVE; (2) THE
UTILIZATION OF AIR NATIONAL GUARD UNITS NOW IN EXISTENCE SO AS TO AVOID
THE LOSS OF EXISTING SKILLS IN THOSE UNITS; (3) ALTERNATIVES,
INCLUDING, BUT NOT LIMITED TO, TRANSFER, ROTATION, "HYBRIDIZATION", AND
"ASSOCIATION", FOR MAKING AVAILABLE TO THE AIR NATIONAL GUARD AND THE
AIR FORCE RESERVE STRATEGIC AIRLIFT AIRCRAFT IN NUMBERS SUFFICIENT TO
SUPPORT AN EFFECTIVE CAPABILITY; AND (4) THE DESIRABILITY OF NEW
STATUTORY AUTHORITY FOR THE LIMITED SELECTIVE MOBILIZATION OF MEMBERS OF
THE AIR NATIONAL GUARD UNDER CIRCUMSTANCES NOT LEADING TO A DECLARATION
OF A NATIONAL EMERGENCY BY THE CONGRESS OR THE PRESIDENT. THE SECRETARY
SHALL SUBMIT HIS STUDY TO THE CONGRESS NOT LATER THAN 180 DAYS AFTER THE
DATE OF ENACTMENT OF THIS ACT, AND BEFORE THE IMPLEMENTATION THEREOF,
TOGETHER WITH AN EVALUATION OF SUCH STUDY, A PROPOSED SCHEDULE FOR ITS
POSSIBLE IMPLEMENTATION, AND SUCH RECOMMENDATIONS FOR LEGISLATIVE ACTION
RELATING TO THE SUBJECT MATTER OF THIS SECTION AS HE MAY DEEM
APPROPRIATE.
SEC. 501. (A) (1) FOR THE FISCAL YEAR BEGINNING JULY 1, 1974, AND
ENDING JUNE 30, 1975, THE DEPARTMENT OF DEFENSE IS AUTHORIZED AN END
STRENGTH FOR CIVILIAN PERSONNEL AS FOLLOWS:
(A) THE DEPARTMENT OF THE ARMY, 358,717;
(B) THE DEPARTMENT OF THE NAVY, INCLUDING THE MARINE CORPS,
323,529;
(C) THE DEPARTMENT OF THE AIR FORCE, 269,709;
(D) ACTIVITIES AND AGENCIES OF THE DEPARTMENT OF DEFENSE (OTHER
THAN THE MILITARY DEPARTMENTS), 75,372.
(2) THE END STRENGTH FOR CIVILIAN PERSONNEL PRESCRIBED IN PARAGRAPH
(1) OF THIS SUBSECTION FOR THE FISCAL YEAR ENDING JUNE 30, 1975, SHALL
BE REDUCED BY 32,327. SUCH REDUCTION SHALL BE APPORTIONED AMONG THE
ARMY, NAVY, AIR FORCE, AND ACTIVITIES AND AGENCIES OF THE DEPARTMENT OF
DEFENSE 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 MILITARY SERVICES AND THE ACTIVITIES AND AGENCIES
OF THE DEPARTMENT OF DEFENSE AND AMONG THE MISSION CATEGORIES DESCRIBED
IN THE MANPOWER REQUIREMENTS REPORT. THIS REPORT SHALL INCLUDE THE
RATIONALE FOR EACH REDUCTION.
(B) IN COMPUTING THE AUTHORIZED END STRENGTH FOR CIVILIAN PERSONNEL
THERE SHALL BE INCLUDED ALL DIRECT-HIRE CIVILIAN PERSONNEL EMPLOYED TO
PERFORM MILITARY FUNCTIONS ADMINISTERED BY THE DEPARTMENT OF DEFENSE
(OTHER THAN THOSE PERFORMED BY THE NATIONAL SECURITY AGENCY) WHETHER IN
PERMANENT OR TEMPORARY POSITIONS AND WHETHER EMPLOYED ON A FULL-TIME,
PART-TIME, OR INTERMITTENT BASIS, BUT EXCLUDING SPECIAL EMPLOYMENT
CATEGORIES FOR STUDENTS AND DISADVANTAGED YOUTH SUCH AS THEY
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.
(C) 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. 502. IT IS THE SENSE OF CONGRESS THAT THE DEPARTMENT OF DEFENSE
SHALL USE THE LEAST COSTLY FORM OF MANPOWER THAT IS CONSISTENT WITH
MILITARY REQUIREMENTS AND OTHER NEEDS OF THE DEPARTMENT OF DEFENSE.
//10 USC 138 NOTE.// THEREFORE, IN DEVELOPING THE ANNUAL MANPOWER
POLICIES, THE SECRETARY OF DEFENSE SHALL, IN PARTICULAR, CONSIDER THE
ADVANTAGES OF CONVERTING FROM ONE FORM OF MANPOWER TO ANOTHER (MILITARY,
CIVILIAN, OR PRIVATE CONTRACT) FOR THE PERFORMANCE OF A SPECIFIED JOB.
A FULL JUSTIFICATION OF ANY CONVERSION FROM ONE FORM OF MANPOWER TO
ANOTHER SHALL BE CONTAINED IN THE ANNUAL MANPOWER REQUIREMENTS REPORT TO
THE CONGRESS REQUIRED BY SECTION 138 (C) (3) OF TITLE 10, UNITED STATES
CODE. //87 STAT. 612.//
SEC. 601. (A) FOR THE FISCAL YEAR BEGINNING JULY 1, 1974, AND ENDING
JUNE 30, 1975, EACH COMPONENT OF THE ARMED FORCES IS AUTHORIZED AN
AVERAGE MILITARY TRAINING STUDENT LOAD AS FOLLOWS:
(1) THE ARMY, 97,638;
(2) THE NAVY, 71,279;
(3) THE MARINE CORPS, 268262
(4) THE AIR FORCE, 52,900;
(5) THE ARMY NATIONAL GUARD OF THE UNITED STATES, 12,111;
(6) THE ARMY RESERVE 6,673;
(7) THE NAVAL RESERVE, 2,536;
(8) THE MARINE CORPS RESERVE, 3,403;
(9) THE AIR NATIONAL GUARD OF THE UNITED STATES, 2,359; AND
(10) THE AIR FORCE RESERVE, 1,126.
(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, 1975, SHALL BE ADJUSTED CONSISTENT WITH THE MANPOWER STRENGTHS
PROVIDED IN TITLE III, TITLE IV, AND TITLE 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. (A) PARAGRAPH (1) OF SECTION 401 (A) OF PUBLIC LAW 89 -
367, APPROVED MARCH 15, 1966 (80 STAT. 37), AS AMENDED, IS AMENDED TO
READ AS FOLLOWS:
"(1) THERE IS AUTHORIZED TO BE APPROPRIATED AS A SINGLE APPROPRIATION
TO THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING JUNE 30, 1975,
THE SUM OF $1,000,000,000, INCLUDING $263,860,000 FOR PROCUREMENT OF
AIRCRAFT, MISSILES, TRACKED COMBAT VEHICLES, AND OTHER WEAPONS, TO
SUPPORT SOUTH VIETNAMESE MILITARY FORCES. SUCH APPROPRIATION SHALL BE
ADMINISTERED AND ACCOUNTED FOR AS ONE FUND AND MAY BE OBLIGATED ONLY BY
THE ISSUANCE OF ORDERS BY THE SECRETARY OF DEFENSE FOR SUCH SUPPORT.
FUNDS APPROPRIATED PURSUANT TO THIS SECTION SHALL BE DEEMED OBLIGATED AT
THE TIME THE SECRETARY OF DEFENSE ISSUES ORDERS AUTHORIZING SUPPORT OF
ANY KIND TO SOUTH VIETNAMESE MILITARY FORCES. NO SUPPORT HEREIN
AUTHORIZED MAY BE MADE AVAILABLE IN ANY MANNER UNLESS PURSUANT TO A
SPECIFIC ORDER ISSUED BY THE SECRETARY."
(B) THAT PORTION OF PARAGRAPH (2) OF SUCH SECTION 401 (A) WHICH
PRECEDES CLAUSE (A) IS AMENDED TO READ AS FOLLOWS:
"(2) NO DEFENSE ARTICLE MAY BE FURNISHED TO THE SOUTH VIETNAMESE
FORCES WITH FUNDS AUTHORIZED UNDER THIS OR ANY OTHER ACT UNLESS THE
GOVERNMENT OF THE REPUBLIC OF SOUTH VIETNAM SHALL HAVE AGREED THAT-".
(C) SECTION 401 OF SUCH PUBLIC LAW 89 - 367 IS AMENDED BY STRIKING
OUT SUBSECTIONS (B), (C), AND (D) AND INSERTING IN LIEU THEREOF THE
FOLLOWING:
"(B) NO FUNDS AUTHORIZED BY THIS OR ANY OTHER ACT TO OR FOR USE BY
THE DEPARTMENT OF DEFENSE MAY BE OBLIGATED IN THE FISCAL YEAR ENDING
JUNE 30, 1975, FOR SUPPORT OF SOUTH VIETNAMESE MILITARY FORCES IN ANY
AMOUNT IN EXCESS OF THE AMOUNT OF $1,000,000,000.
"(C) ANY OBLIGATION INCURRED AGAINST FUNDS AUTHORIZED UNDER THIS
SECTION SHALL, IN THE CASE OF NONEXCESS MATERIALS AND SUPPLIES FURNISHED
FORM THE INVENTORY OF THE DEPARTMENT OF DEFENSE, BE EQUAL TO THE
REPLACEMENT COST THEREOF AT THE TIME SUCH OBLIGATION IS INCURRED, AND IN
THE CASE OF EXCESS MATERIALS AND SUPPLIES, BE EQUAL TO THE ACTUAL VALUE
THEREOF AT THE TIME SUCH OBLIGATION IS INCURRED.
"(D) NO FUNDS AUTHORIZED BY THIS SECTION MAY BE USED IN ANY WAY TO
SUPPORT VIETNAMESE OR OTHER FORCES IN ACTIONS DESIGNED TO PROVIDE
MILITARY SUPPORT AND ASSISTANCE TO THE GOVERNMENT OF CAMBODIA OR LAOS.
"(E) WITHIN 30 DAYS AFTER THE END OF EACH QUARTER OF THE FISCAL YEAR,
THE SECRETARY OF DEFENSE SHALL SUBMIT TO THE COMMITTEES ON ARMED
SERVICES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES A WRITTEN REPORT
REGARDING ACTUAL OBLIGATIONS INCURRED AGAINST FUNDS APPROPRIATED
PURSUANT TO THIS SECTION. SUCH REPORT SHALL INDICATE THE DIFFERENT
PURPOSES FOR WHICH SUCH OBLIGATIONS WERE INCURRED AND THE AMOUNTS
THEREOF, TOGETHER WITH SUCH OTHER INFORMATION AS THE SECRETARY
DETERMINES APPROPRIATE."
SEC. 702. SUBSECTION (B) OF SECTION 7307 OF TITLE 10, UNITED STATES
CODE, //70A STAT. 452.// IS AMENDED TO READ AS FOLLOWS:
"(B) (1) AFTER THE DATE OF ENACTMENT OF THIS PARAGRAPH, NO NAVAL
VESSEL IN EXCESS OF 2,000 TONS OR LESS THAN 20 YEARS OF AGE MAY BE SOLD,
LEASED, GRANTED, LOANED, BARTERED, TRANSFERRED, OR OTHERWISE DISPOSED OF
TO ANOTHER NATION UNLESS THE DISPOSITION THEREOF HAS BEEN APPROVED BY
LAW ENACTED AFTER SUCH DATE OF ENACTMENT.
"(2) AFTER THE DATE OF ENACTMENT OF THIS PARAGRAPH, ANY NAVAL VESSEL
NOT SUBJECT TO THE PROVISIONS OF PARAGRAPH (1) MAY BE SOLD, LEASED,
GRANTED, LOANED, BARTERED, TRANSFERRED, OR OTHERWISE DISPOSED OF TO
ANOTHER NATION IN ACCORDANCE WITH APPLICABLE PROVISIONS OF LAW ONLY
AFTER THE SECRETARY OF THE NAVY, OR HIS DESIGNEE, HAS NOTIFIED THE
COMMITTEES ON ARMED SERVICES OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES IN WRITING OF THE PROPOSED DISPOSITION AND 30 DAYS OF
CONTINUOUS SESSION OF CONGRESS HAVE EXPIRED FOLLOWING THE DATE ON WHICH
NOTICE WAS TRANSMITTED TO SUCH COMMITTEES. FOR PURPOSES OF THIS
PARAGRAPH, THE CONTINUITY OF A SESSION OF CONGRESS IS BROKEN ONLY BY AN
ADJOURNMENT OF THE CONGRESS SINE DIE, AND THE DAYS ON WHICH EITHER HOUSE
IS NOT IN SESSION BECAUSE OF AN ADJOURNMENT OF MORE THAN 3 DAYS TO A DAY
CERTAIN ARE EXCLUDED IN THE COMPUTATION OF SUCH 30-DAY PERIOD."
SEC. 703. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO FUNDS
AUTHORIZED TO BE APPROPRIATED PURSUANT TO THIS ACT MAY BE USED FOR
RESEARCH, TESTING, AND/OR EVALUATION OF POISONOUS GASES, RADIOACTIVE
MATERIALS, POISONOUS CHEMICALS, OR BIOLOGICAL OR CHEMICAL WARFARE AGENTS
UPON DOGS FOR THE PURPOSE OF DEVELOPING BIOLOGICAL OR CHEMICAL WEAPONS.
SEC. 704. SECTION 204 OF PUBLIC LAW 93 - 166 IS AMENDED BY ADDING AT
THE END THEREOF A NEW SUBSECTION AS FOLLOWS: //87 STAT. 668.//
"(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CONDUCT BY THE
DEPARTMENT OF THE NAVY OF TRAINING OPERATIONS AT THE CULEBRA COMPLEX
INVOLVING THE FIRING OF ANY SHELLS, MISSILES, OR OTHER PROJECTILES FROM
SHIPS OR THE DROPPING OF ANY BOMBS, STRAFING, FIRING OF ROCKETS OR
MISSILES, OR THE LAUNCHING OF ANY OTHE PROJECTILES FROM AIRCRAFT AT
CULEBRA OR AT ANY KEYS WITHIN THREE NAUTICAL MILES THEREOF IS PROHIBITED
DURING ANY PERIOD OF TIME THAT THE NEGOTIATIONS REQUIRED BY SUBSECTION
(B) HAVE BEEN ENDED ON THE INITIATIVE OF THE UNITED STATES GOVERNMENT
PRIOR TO THE CONCLUSION OF A SATISFACTORY AGREEMENT. IN THE CONDUCT OF
THE NEGOTIATIONS REQUIRED BY SUBSECTION (B) THE SECRETARY OF THE NAVY
SHALL NOT AGREE TO ANY RELOCATION OF TRAINING OPERATIONS FROM THE ISLAND
OF CULEBRA WHICH WOULD BE RENDERED INEFFECTIVE BY ANY INTERNATIONAL
AGREEMENT ON THE LAW OF THE SEA WHICH MAY BECOME INTERNATIONAL LAW
WITHIN THREE YEARS AFTER THE DATE OF THE ENACTMENT OF THIS ACT."
SEC. 705. SECTION 401 OF THE DEPARTMENT OF DEFENSE SUPPLEMENTAL
APPROPRIATIONS AUTHORIZATION ACT, 1974, //ANTE, P. 234.// IS AMENDED BY
STRIKING OUT THE PERIOD AT THE END OF SUCH SECTION AND INSERTING IN LIEU
THEREOF THE FOLLOWING: "WHEN HIS ENLISTMENT IS NEEDED TO MEET
ESTABLISHED STRENGHT REQUIREMENTS.".
SEC. 706. NONE OF THE FUNDS AUTHORIZED BY THIS ACT MAY BE USED FOR
THE PURPOSE OF CARRYIN GOUT ANY PROPOSED FLIGHT TEST (INCLUDING
OPERATIONAL BASE LAUNCH) OF THE MINUTEMAN MISSILE FROM ANY PLACE WITHIN
THE UNITED STATES OTHER THAN VANDENBERG AIR FORCE BASE, LOMPOC,
CALIFORNIA.
SEC. 707. (A) NO FUNDS AUTHORIZED TO BE APPROPRIATED BY THIS OR ANY
OTHER ACT MAY BE OBLIGATED UNDER A CONTRACT ENTERED INTO BY THE
DEPARTMENT OF DEFENSE AFTER THE DATE OF THE ENACTMENT OF THIS ACT FOR
PROCUREMENT OF GOODS WHICH ARE OTHER THAN AMERICAN GOODS UNLESS, UNDER
REGULATIONS OF THE SECRETARY OF DEFENSE AND SUBJECT TO THE
DETERMINATIONS AND EXCEPTIONS CONTAINED IN TITLE III OF THE ACT OF MARCH
3, 1933, AS AMENDED (47 STAT. 1520; 41 U.S.C. 10A, 10B), POPULARLY
KNOWN AS THE BUY AMERICAN ACT, THERE IS ADEQUATE CONSIDERATION GIVEN TO-
(1) THE BIDS OR PROPOSALS OF FIRMS LOCATED IN LABOR SURPLUS
AREAS IN THE UNITED STATES AS DESIGNATED BY THE DEPARTMENT OF
LABOR WHICH HAVE OFFERED TO FURNISH AMERICAN GOODS;
(2) THE BIDS OR PROPOSALS OF SMALL BUSINESS FIRMS IN THE UNITED
STATES WHICH HAVE OFFERED TO FURNISH AMERICAN GOODS;
(3) THE BIDS OR PROPOSALS OF ALL OTHER FIRMS IN THE UNITED
STATES WHICH HAVE OFFERED TO FURNISH AMERICAN GOODS;
(4) THE UNITED STATES BALANCE OF PAYMENTS;
(5) THE COST OF SHIPPING GOODS WHICH ARE OTHER THAN AMERICAN
GOODS; AND
(6) ANY DUTY, TARIFF, OR SURCHARGE WHICH MAY ENTER INTO THE
COST OF USING GOODS WHICH ARE OTHER THAN AMERICAN GOODS.
(B) FOR PURPOSES OF THIS SECTION, THE TERM "GOODS WHICH ARE OTHER
THAN AMERICAN GOODS" MEANS (1) AN END PRODUCT WHICH HAS NOT BEEN MINED,
PRODUCED, OR MANUFACTURED IN THE UNITED STATES, OR (2) AN END PRODUCT
MANUFACTURED IN THE UNITED STATES, OR (2) AN END PRODUCT MANUFACTURED IN
THE UNITED STATES BUT THE COST OF THE COMPONENTS THEREOF WHICH ARE NOT
MINED, PRODUCED, OR MANUFACTURED IN THE UNITED STATES EXCEEDS THE COST
OF COMPONENTS MINED, PRODUCED, OR MANUFACTURED IN THE UNITED STATES.
SEC. 708. (A) CHAPTER 401 OF TITLE 10, UINITED STATES CODE, IS
AMENDED- //70A STAT. 334, 10 USC 4301.//
(1) BY ADDING THE FOLLOWING NEW SECTION AT THE END THEREOF:
COLLEGE
DEGREE
"UNDER REGULATIONS PRESCRIBED BY THE SECRETARY OF THE ARMY, AND WITH
THE APPROVAL OF A NATIONALLY RECOGNIZED CIVILIAN ACCREDITING ASSOCIATION
APPROVED BY THE COMMISSIONER OF EDUCATION, DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE, THE COMMANDANT OF THE UNITED STATES ARMY COMMAND
AND GENERAL STAFF COLLEGE MAY UPON RECOMMENDATION BY THE FACULTY CONFER
THE DEGREE OF MASTER OF MILITARY ART AND SCIENCE UPON GRADUATES OF THE
COLLEGE WHO HAVE FULFILLED THE FOLLOWING DEGREE REQUIREMENTS: A MINIMUM
OF THIRTY SEMESTER HOURS OF GRADUATE CREDIT, INCLUDING A MASTERS THESIS
OF SIX TO EIGHT SEMESTER HOURS, AND A DEMONSTRATION OF COMPETENCE IN THE
DISCIPLINE OF MILITARY ART AND SCIENCE AS EVIDENCED BY SATISFACTORY
PERFORMANCE ON A GENERAL COMPREHENSIVE EXAMINATION. THESE REQUIREMENTS
MAY BE ALTERED ONLY WITH THE APPROVAL OF SUCH ASSOCIATION. THE
SECRETARY OF THE ARMY SENATE AND HOUSE OF REPRESENTATIVES THE FOLLOWING
INFORMATION: (1) THE CRITERIA WHICH MUST BE MET TO ENTITLE A STUDENT TO
AWARD OF THE DEGREE, (2) WHETHER SUCH CRITERIA HAVE CHANGED IN ANY
RESPECT DURING THE REPORTING YEAR, (3) THE NUMBER OF STUDENTS IN THE
MOST RECENT RESIDENT COURSE GRADUATING CLASS, (4) THE NUMBER OF SUCH
STUDENTS WHO WERE ENROLLED IN THE MASTER OF MILITARY ART AND SCIENCE
PROGRAM, AND (5) THE NUMBER OF STUDENTS SUCCESSFULLY COMPLETING THE
MASTER OF MILITARY ART AND SCIENCE PROGRAM."; AND
(2) BY ADDING THE FOLLOWING NEW ITEM AT THE END OF THE ANALYSIS
OF SUCH CHAPTER:
"4314. UNITED STATES ARMY COMMAND GENERAL STAFF COLLEGE DEGREE."
(B) THE COMMANDANT OF THE UNITED STATES ARMY COMMAND AND GENERAL
STAFF COLLEGE MAY CONFER THE DEGREE OF MASTER OF MILITARY ART AND
SCIENCE UPON GRADUATES OF THE COLLEGE WHO HAVE COMPLETED THE
REQUIREMENTS FOR THAT DEGREE SINCE 1964 BUT PRIOR TO THE ENACTMENT OF
THIS ACT; BUT THE NUMBER OF SUCH DEGREES AWARDED FOR SUCH PERIOD MAY
NOT EXCEED TWO HUNDRED. //10 USC 4314 NOTE.//
SEC. 709. //50 USC APP. 2403 - 1.// (A) THE CONGRESS FINDS THAT THE
DEFENSE POSTURE OF THE UNITED STATES MAY BE SERIOUSLY COMPROMISED IF
GOODS, TECHNOLOGY, AND INDUSTRIAL TECHNIQUES WHICH HAVE BEEN DEVELOPED
IN WHOLE OR IN PART AS A DIRECT OR INDIRECT RESULT OF RESEARCH AND
DEVELOPMENT PROGRAMS OR PROCUREMENT PROGRAMS FINANCED IN WHOLE OR IN
PART WITH FUNDS AUTHORIZED BY THIS OR ANY OTHER ACT AUTHORIZING FUNDS
FOR THE DEPARTMENT OF DEFENSE ARE EXPORTED TO A CONTROLLED COUNTRY
WITHOUT AN ADEQUATE AND KNOWLEDGEABLE ASSESSMENT HAVING BEEN DEVELOPED
IN WHOLE OR IN PART WITH FUNDS AUTHORIZED BY THIS OR ANY OTHER ACT
AUTHORIZING FUNDS FOR THE DEPARTMENT OF DEFENSE ARE EXPORTED TO A
CONTROLLED COUNTRY WITHOUT AN ADEQUATE AND KNOWLEDGEABLE ASSESSMENT
HAVING BEEN MADE TO DETERMINE WHETHER THE EXPORT OF SUCH GOODS,
TECHNOLOGY, AND TECHNIQUES WILL SIGNIFICANTLY INCREASE THE PRESENT OR
POTENTIAL MILITARY CAPABILITY OF ANY SUCH COUNTRY. IT IS THE PURPOSE OF
THIS SECTION, THEREFORE, TO PROVIDE FOR SUCH AN ASSESSMENT, TO INSURE
NOTICE OF PROPOSED EXPORTS TO THE SECRETARY OF DEFENSE, AND TO AUTHORIZE
THE SECRETARY OF DEFENSE TO REVIEW THE PROPOSED EXPORT OF GOODS,
TECHNOLOGY, OR INDUSTRIAL TECHNIQUES TO ANY SUCH COUNTRY WHENEVER HE HAS
REASON TO BELIEVE THAT THE EXPORT OF SUCH GOODS, TECHNOLOGY, OR
TECHNIQUES WILL SIGNIFICANTLY INCREASE THE MILITARY CAPABILITY OF SUCH
COUNTRY.
(B) EFFECTIVE UPON ENACTMENT OF THIS SECTION, ANY APPLICATION FOR THE
EXPORT ANY GOODS, TECHNOLOGY, OR INDUSTRIAL TECHNIQUES DESCRIBED IN
SUBSECTION (A) SHALL, BEFORE BEING ELIGIBLE FOR EXPORT TO A CONTROLLED
COUNTRY, BE REVIEWED AND ASSESSED BY THE SECRETARY OF DEFENSE FOR THE
PURPOSE OF DETERMINING WHETHER THE EXPORT OF SUCH GOODS, TECHNOLOGY OR
TECHNIQUES WILL SIGNIFICANTLY INCREASE THE PRESENT OR POTENTIAL MILITARY
CAPABILITY OF SUCH COUNTRY.
(C) IF THE SECRETARY OF DEFENSE DETERMINES, AFTER HIS REVIEW AND
ASSESSMENT, THAT THE EXPORT OF SUCH GOODS, TECHNOLOGY OR INDUSTRIAL
TECHNIQUES WILL IN HIS JUDGMENT SIGNIFICANTLY INCREASE THE PRESENT OR
POTENTIAL MILITARY CAPABILITY OF ANY CONTROLLED COUNTRY, HE SHALL
RECOMMEND TO THE PRESIDENT THAT THE APPLICATION FOR EXPORT BE
DISAPPROVED. IN ANY CASE IN WHICH THE PRESIDENT DISAGREES WITH A
RECOMMENDATION MADE BY THE SECRETARY OF DEFENSE TO PROHIBIT THE EXPORT
OF SUCH GOODS, TECHNOLOGY, OR TECHNIQUES TO A CONTROLLED COUNTRY, THE
PRESIDENT SHALL SUBMIT TO THE CONGRESS A STATEMENT INDICATING HIS
DISAGREEMENT WITH THE SECRETARY OF DEFENSE TOGETHER WITH THE
RECOMMENDATION OF THE SECRETARY OF DEFENSE. THE APPLICATION FOR THE
EXPORT OF ANY SUCH GOODS, TECHNOLOGY, OR TECHNIQUES MAY BE APPROVED
AFTER SUBMISSION BY THE PRESIDENT OF HIS STATEMENT AND THE
RECOMMENDATION OF THE SECRETARY OF DEFENSE TO THE CONGRESS AND 60 DAYS
OF CONTINUOUS SESSION OF THE CONGRESS HAS ELAPSED FOLLOWING SUCH
SUBMISSION UNLESS WITHIN SUCH 60 DAY PERIOD CONGRESS HAS ADOPTED A
CONCURRENT RESOLUTION DISAPPROVING THE APPLICATION FOR THE EXPORT OF
SUCH GOODS, TECHNOLOGY, OR TECHNIQUES.
(D) AS USED IN THIS SECTION (1) THE TERM "CONTROLLED COUNTRY" MEANS
THE SOVIET UNION, POLAND, ROMANIA, HUNGARY, BULGARIA, CZECHOSLOVAKIA,
THE GERMAN DEMOCRATIC REPUBLIC (EAST GERMANY), AND SUCH OTHER COUNTRIES
AS MAY BE DESIGNATED BY THE SECRETARY OF DEFENSE, AND (2) THE TERM "DAYS
OF CONTINUOUS SESSION OF THE CONGRESS" SHALL NOT INCLUDE DAYS ON WHICH
EITHER HOUSE OF CONGRESS IS NOT IN SESSION BECAUSE OF AN ADJOURNMENT OF
MORE THAN THREE DAYS.
(E) THE SECRETARY OF DEFENSE SHALL SUBMIT TO THE CONGRESS A WRITTEN
REPORT ON HIS IMPLEMENTATION OF THIS SECTION NOT LATER THAN 30 DAYS
AFTER THE CLOSE OF EACH QUARTER OF EACH FISCAL YEAR. EACH SUCH REPORT
SHALL, AMONG OTHER THINGS, IDENTIFY EACH INSTANCE IN WHICH THE SECRETARY
RECOMMENDED TO THE PRESIDENT THAT EXPORTS BE DISAPPROVED AND THE ACTION
FINALLY TAKEN BY THE EXECUTIVE BRANCH ON THE MATTER.
SEC. 801. //10 USC 7291 NOTE.// IT IS THE POLICY OF THE UNITED
STATES OF AMERICA TO MODERNIZE THE STRIKE FORCES OF THE UNITED STATES
NAVY BY THE CONSTRUCTION OF NUCLEAR POWERED MAJOR COMBATANT VESSELS AND
TO PROVIDE FOR AN ADEQUATE INDUSTRIAL BASE FOR THE RESEARCH,
DEVELOPMENT, DESIGN, CONSTRUCTION, OPERATION, AND MAINTENANCE FOR SUCH
VESSELS. NEW CONSTRUCTION MAJOR COMBATANT VESSELS FOR THE STRIKE FORCES
OF THE UNITED STATES NAVY AUTHORIZED SUBSEQUENT TO THE DATE OF THE
ENACTMENT OF THIS ACT BECOMES LAW SHALL BE NUCLEAR POWERED, EXCEPT AS
PROVIDED IN THIS TITLE.
SEC. 802. FOR THE PURPOSES OF THIS TITLE, THE TERM "MAJOR COMBATANT
VESSELS FOR THE STRIKE FORCES OF THE UNITED STATES NAVY" MEANS-
(1) COMBATANT SUBMARINES FOR STRATEGIC OR TACTICAL MISSIONS, OR
BOTH;
(2) COMBATANT VESSELS INTENDED TO OPERATE IN COMBAT IN AIRCRAFT
CARRIER TASK GROUPS (THAT IS, AIRCRAFT CARRIERS AND THE CRUISERS,
FRIGATES, AND DESTROYERS WHICH ACCOMPANY AIRCRAFT CARRIERS); AND
//10 USC 7291 NOTE.//
(3) THOSE TYPES OF COMBATANT VESSELS REFERRED TO CLAUSES (1)
AND (2) ABOVE DESIGNED FOR INDEPENDENT COMBAT MISSIONS WHERE
ESSENTIALLY UNLIMITED HIGH SPEED ENDURANCE WILL BE OF SIGNIFICANT
MILITARY VALUE.
SEC. 803. //10 USC 7291 NOTE.// THE SECRETARY OF DEFENSE SHALL
SUBMIT TO CONGRESS EACH CALENDAR YEAR, AT THE SAME TIME THE PRESIDENT
SUBMITS THE BUDGET TO CONGRESS UNDER SECTION 201 OF THE BUDGET AND
ACCOUNTING ACT, 1921 (31 U.S.C. 11), //64 STAT. 832; 84 STAT. 1169.// A
WRITTEN REPORT REGARDING THE APPLICATION OF NUCLEAR PROPULSION TO MAJOR
COMBATANT VESSELS FOR THE STRIKE FORCES OF THE UNITED STATES NAVY. THE
REPORT SHALL IDENTIFY CONTRACT PLACEMENT DATES FOR THEIR CONSTRUCTION
AND SHALL IDENTIFY THE DEPARTMENT OF DEFENSE FIVE YEAR DEFENSE PROGRAM
FOR CONSTRUCTION OF NUCLEAR POWERED MAJOR COMBATANT VESSELS FOR THE
STRIKE FORCES OF THE UNITED STATES NAVY.
SEC. 804. //10 USC 7291 NOTE.// ALL REQUESTS FOR AUTHORIZATIONS OR
APPROPRIATIONS FROM CONGRESS FOR MAJOR COMBATANT VESSELS FOR THE STRIKE
FORCES OF THE UNITED STATES NAVY SHALL BE FOR CONSTRUCTION OF NUCLEAR
POWERED MAJOR COMBATANT VESSELS FOR SUCH FORCES UNLESS AND UNTIL THE
PRESIDENT HAS FULLY ADVISED THE CONGRESS THAT CONSTRUCTION OF NUCLEAR
POWERED VESSELS FOR SUCH PURPOSE IS NOT IN THE NATIONAL INTEREST. SUCH
REPORT OF THE PRESIDENT TO THE CONGRESS SHALL INCLUDE FOR CONSIDERATION
BY CONGRESS AN ALTERNATE PROGRAM OF NUCLEAR POWERED SHIPS WITH
APPROPRIATE DESIGN, COST, AND SCHEDULE INFORMATION.
THIS ACT MAY BE CITED AS THE "DEPARTMENT OF DEFENSE APPROPRIATION
AUTHORIZATION ACT, 1975".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1035 (COMM. ON ARMED SERVICES) AND NO. 93 -
1212 (COMM. ON CONFERENCE).
SENATE REPORTS: NO. 93 - 884 ACCOMPANYING S. 3000 (COMM. ON ARMED
SERVICES) AND NO. 93 - 1038 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 20, 228 CONSIDERED AND PASSED HOUSE.
JUNE 3 - 7, 10, 11, CONSIDERED AND PASSED SENATE, AMENDED, IN
LIEU OF S. 3000.
JULY 29, HOUSE AGREED TO CONFERENCE REPORT.
JULY 30, SENATE AGREED TO CONFERENCE REPORT.
WEEKLY COMPILATION OF RESIDENTIAL DOCUMENTS, VOL. 10, NO. 32:
AUG. 5, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-364, 88 STAT 399
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE SECRETARY OF
THE INTERIOR IS AUTHORIZED AND DIRECTED TO CONVEY TO THE RECORD OWNER
THEREOF, IN ACCORDANCE WITH SECTION 3 OF THIS ACT, ALL RIGHT, TITLE, AND
INTEREST IN MINERALS RESERVED TO THE UNITED STATES IN LAND DESCRIBED AS
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP
15 SOUTH RANGE 23 EAST, IN MARION COUNTY, FLORIDA.
SEC. 2. THE SECRETARY SHALL REQUIRE THE DEPOSIT OF A SUM OF MONEY
WHICH HE DEEMS SUFFICIENT TO COVER ESTIMATED ADMINISTRATIVE COSTS OF
THIS ACT. IF A CONVEYANCE IS NOT MADE PURSUANT TO THIS ACT, AND THE
ADMINISTRATIVE COSTS EXCEED THE DEPOSIT THE SECRETARY SHALL BILL THE
APPLICANT FOR THE OUTSTANDING AMOUNT, BUT IF THE AMOUNT OF THE DEPOSIT
EXCEEDS THE ACTUAL ADMINISTRATIVE COSTS, THE SECRETARY SHALL REFUND THE
EXCESS.
SEC. 3. NO CONVEYANCE SHALL BE MADE UNLESS APPLICATION FOR CONVEYANCE
IS FILED WITH THE SECRETARY WITHIN SIX MONTHS OF THE DATE OF APPROVAL OF
THIS ACT AND UNLESS WITHIN THE TIME SPECIFIED BY HIM PAYMENT IS MADE TO
THE SECRETARY OF (1) ADMINISTRATIVE COSTS OF THE CONVEYANCE AND (2) THE
FAIR MARKET VALUE OF THE INTEREST TO BE CONVEYED. THE AMOUNT OF THE
PAYMENT REQUIRED SHALL BE THE DIFFERENCE BETWEEN THE AMOUNT DEPOSITED
AND THE FULL AMOUNT REQUIRED TO BE PAID UNDER THIS SECTION. IF THE
AMOUNT DEPOSITED EXCEEDS THE FULL AMOUNT REQUIRED TO BE PAID, THE
APPLICANT SHALL BE GIVEN A CREDIT OR REFUND FOR THE EXCESS.
SEC. 4. THE TERM "ADMINISTRATIVE COSTS" AS USED IN THIS ACT,
INCLUDES, BUT IS NOT LIMITED TO, ALL COSTS OF (1) CONDUCTING AN
EXPLORATORY PROGRAM TO DETERMINE THE CHARACTER OF THE MINERAL DEPOSITS
IN THE LAND, (2) EVALUATING THE DATA OBTAINED UNDER THE EXPLORATORY
PROGRAM TO DETERMINE THE FAIR MARKET VALUE OF THE MINERAL RIGHTS TO BE
CONVEYED, AND (3) PREPARING AND ISSUING THE INSTRUMENT OF CONVEYANCE.
SEC. 5. MONEYS PAID TO THE SECRETARY FOR ADMINISTRATIVE COSTS SHALL
BE PAID TO THE AGENCY WHICH RENDERED THE SERVICE, AND DEPOSITED TO THE
APPROPRIATION THEN CURRENT. MONEYS PAID FOR THE MINERALS OR MINERAL
INTERESTS CONVEYED SHALL BE DEPOSITED INTO THE GENERAL FUND OF THE
TREASURY AS MISCELLANEOUS RECEIPTS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 780 (COMM. ON INTERIOR AND INSULAR AFFAIRS).
SENATE REPORT NO. 93 - 1017 (COMM. ON INTERIOR AND INSULAR
AFFAIRS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 4, CONSIDERED AND PASSED HOUSE.
JULY 18, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-363, 88 STAT 398
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8902 OF
TITLE 5, UNITED STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: //80 STAT. 601.//
"(J) WHEN A CONTRACT UNDER THIS CHAPTER REQUIRES PAYMENT OR
REIMBURSEMENT FOR SERVICES WHICH MAY BE PERFORMED BY A CLINICAL
PSYCHOLOGIST OR OPTOMETRIST, LICENSED OR CERTIFIED AS SUCH UNDER FEDERAL
OR STATE LAW, AS APPLICABLE, AN EMPLOYEE, ANNUITANT, OR FAMILY MEMBER
COVERED BY THE CONTRACT SHALL BE FREE TO SELECT, AND SHALL HAVE DIRECT
ACCES TO, SUCH A CLINICAL PSYCHOLOGIST OR OPTOMETRIST WITHOUT
SUPERVISION OR REFERRAL BY ANOTHER HEALTH PRACTITIONER AND SHALL BE
ENTITLED UNDER THE CONTRACT TO HAVE PAYMENT OR REIMBURSEMENT MADE TO HIM
OR ON HIS BEHALF FOR THE SERVICES PERFORMED. THE PROVISIONS OF THIS
SUBSECTION SHALL NOT APPLY TO GROUP PRACTICE PREPAYMENT PLANS.".
SEC. 2. THE AMENDMENT MADE BY THIS ACT SHALL BECOME EFFECTIVE WITH
RESPECT TO ANY CONTRACT ENTERED INTO OR RENEWED ON OR AFTER THE DATE OF
ENACTMENT OF THIS ACT. //5 USC 8902 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 815 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 961 ACCOMPANYING S. 2619 (COMM. ON POST OFFICE
AND CIVIL SERVICE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 5, CONSIDERED AND PASSED HOUSE.
JULY 11, 15, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF
S. 2619.
JULY 17, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-362, 88 STAT 398, ANADROMOUS FISH CONSERVATION ACT,
AMENDMENTS
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2 OF THE
ANADROMOUS FISH CONSERVATION ACT (16 U.S.C. 757B) //79 STAT. 1125.// IS
AMENDED BY STRIKING OUT THE SEMICOLON AT THE END OF CLAUSE (3) THEREOF,
AND INSERTING THE FOLLOWING NEW LANGUAGE: ", AND FOR THE CONTROL OF THE
SEA LAMPREY;".
SEC. 2. SECTION 4 (A) OF THE ADNADROMOUS FISH CONSERVATION ACT (16
U.S.C. 757D(A)) //84 STAT. 214.// IS AMENDED BY STRIKING OUT "THE FISCAL
YEAR ENDING JUNE 30, 1974" AND INSERTING IN LIEU THEREOF THE FOLLOWING:
"EACH OF THE FISCAL YEARS ENDING JUNE 30, 1974, JUNE 30, 1975, JUNE 30,
1976, JUNE 30, 1977, JUNE 30, 1978, AND JUNE 30, 1979".
SEC. 3. (A) SUBSECTION (C) OF THE FIRST SECTION OF THE ANADROMOUS
FISH CONSERVATION ACT (16 U.S.C. 757A(C)) IS AMENDED BY STRIKING OUT "60
PER CENTUM" AND INSERTING IN LIEU THEREOF "66 2/3 PER CENTUM".
(B) SECTION 4NA) OF THE ANADROMOUS FISH CONSERVATION ACT (16 U.S.C.
757D(A)) (AS AMENDED BY SECTION 2 OF THIS ACT) IS FURTHER AMENDED BY
STRIKING OUT "$10,000,000" AND INSERTING IN LIEU THEREOF "$20,000,000".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 752 (COMM. ON MERCHANT MARINE AND FISHERIES)
AND NO. 93 - 1190 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 892 (COMM. ON COMMERCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JAN. 22, CONSIDERED AND PASSED HOUSE.
JUNE 5, CONSIDERED AND PASSED SENATE, AMENDED.
JULY 15, SENATE AGREED TO CONFERENCE REPORT.
JULY 16, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-361, 88 STAT 397.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, NOTWITHSTANDING
THE PROVISIONS OF SECTIONS 3771 AND 3772 OF TITLE 18 OF THE UNITED
STATES CODE, //62 STAT. 846; 64 STAT. 158.// THE EFFECTIVE DATE OF THE
PROPOSED AMENDMENTS TO THE FEDERAL RULE OF CRIMINAL PROCEDURE WHICH ARE
EMBRACED BY THE ORDER ENTERED BY THE UNITED STATES SUPREME COURT ON
APRIL 22, 1974, AND WHICH WERE TRANSMITTED TO THE CONGRESS BY THE CHIEF
JUSTICE ON APRIL 228 1974, IS POSTPONED UNTIL AUGUST 1, 1975. //15 USC
3771 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1144 (COMM. ON THE JUDICIARY).
SENATE REPORT NO. 93 - 1023 ACCOMPANYING S. 3684 (COMM. ON THE
JUDICIARY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JULY 1, CONSIDERED AND PASSED HOUSE.
JULY 24, CONSIDERED AND PASSED SENATE.
PUBLIC LAW 93-360, 88 STAT 395, NATIONAL LABOR RELATIONS ACT,
AMENDMENTS
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT (A) SECTION 2(2) OF
THE NATIONAL LABOR RELATIONS ACT //61 STAT. 137; 29 USC 152.// IS
AMENDED BY STRIKING OUT "OR ANY CORPORATION OR ASSOICIATION OPERATING A
HOSPITAL, IF NO PART OF THE NET EARNINGS INURES TO THE BENEFIT OF ANY
PRIVATE SHAREHOLDER OR INDIVIDUAL,".
(B) SECTION 2 OF SUCH ACT IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION:
"(14) THE TERM 'HEALTH CARE INSTITUTION' SHALL INCLUDE ANY
HOSPITAL, CONVALESCENT HOSPITAL, HEALTH MAINTENANCE ORGANIZATION,
HEALTH CLINIC, NURSING HOME, EXTENDED CARE FACILITY, OR OTHER
INSTITUTION DEVOTED TO THE CARE OF SICK, INFIRM, OR AGED PERSON.".
(C) THE LAST SENTENCE OF SECTION 8(D) OF SUCH ACT //29 USC 158.// IS
AMENDED BY STRIKING OUT THE WORDS "THE SIXTY-DAY" AND INSERTING IN LIEU
THEREOF "ANY NOTICE" AND BY INSERTING BEFORE THE WORDS "SHALL LOSE" A
COMMA AND THE FOLLOWING: "OR WHO ENGAGES IN ANY STRIKE WITHIN THE
APPROPRIATE PERIOD SPECIFIED IN SUBSECTION (G) OF THIS SECTION.".
(D)(1) THE LAST PARAGRAPH OF SECTION 8(D) OF SUCH ACT IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCE: "WHENEVER THE
COLLECTIVE BARGAINING INVOLVES EMPLOYEES OF A HEALTH CARE INSTITUTION,
THE PROVISIONS OF THIS SECTION 8(D) SHALL BE MODIFIED AS FOLLOWS:
"(A) THE NOTICE OF SECTION 8(D)(1) SHALL BE NINETY DAYS; THE
NOTICE OF SECTION 8(D)(3) SHALL BE SIXTY DAYS; AND THE CONTRACT
PERIOD OF SECTION 8(D)(4) SHALL BE NINETY DAYS.
"(B) WHERE THE BARGAINING IS FOR AN INITIAL AGREEMENT FOLLOWING
CERTIFICATION OR RECOGNITION, AT LEAST THIRTY DAYS NOTICE OF THE
EXISTENCE OF A DISPUTE SHALL BE GIVEN BY THE LABOR ORGANIZATION TO
THE AGENCIES SET FORTH IN SECTION 8(D)(3).
"(C) AFTER NOTICE IS GIVEN TO THE FEDERAL MEDIATION AND
CONCILIATION SERVICE UNDER EITHER CLAUSE (A) OR (B) OF THIS
SENTENCE, THE SERVICE SHALL PROMPTLY COMMUNICATE WITH THE PARTIES
AND USE ITS BEST EFFORTS, BY MEDIATION AND CONCILIATION, TO BRING
THAM TO AGREEMENT. THE PARTIES SHALL PARTICIPATE FULLY AND
PROMPTLY IN SUCH MEETINGS AS MAY BE UNDER TAKEN BY THE SERVICE FOR
THE PURPOSE OF AIDING IN A SETTLEMENT OF THE DISPUTE."
(E) SECTION 8 OF SUCH ACT IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTION.
"(G) A LABOR ORGANIZATION BEFORE ENGAGING IN ANY STRIKE, PICKETING,
OR OTHER CONCERTED REFUSAL TO WORK AT ANY HEALTH CARE INSTITUTION SHALL,
NOT LESS THAN TEN DAYS PRIOR TO SUCH ACTION, NOTIFY THE INSTITUTION IN
WRITING AND THE FEDERAL MEDIATION AND CONCILITATION SERVICE OF THAT
INTENTION, EXCEPT THAT IN THE CASE OF BARGAINING FOR AN INITIAL
AGREEMENT FOLLOWING CERTIFICATION OR RECOGNITION THE NOTICE REQUIRED BY
THIS SUBSECTION SHALL NOT BE GIVEN UNTIL THE EXPIRATION OF THE PERIOD
SPECIFIED IN CLAUSE (B) OF THE LAST SENTENCE OF SECTION 8(D) OF THIS
ACT. THE NOTICE SHALL STATE THE DATE AND TIME THAT SUCH ACTION WILL
COMMENCE. THE NOTICE, ONCE GIVEN, MAY BE EXTENDED BY THE WRITTEN
AGREEMENT OF BOTH PARTIES."
SEC. 2. TITLE II OF THE LABOR MANAGEMENT RELATIONS ACT, 1947, //61
STAT. 152; 29 USC 171.// IS AMDNED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SECTION:
"SEC. 213. //29 USC 183.// (A) IF, IN THE OPINION OF THE DIRECTOR OF
THE FEDERAL MEDIATION AND CONCILITATION SERVICE A THREATENED OR ACTUAL
STRIKE OR LOCKOUT AFFECTING A HEALTH CARE INSTITUTION WILL, IF PERMITTED
TO OCCUR OR TO CONTINUE, SUBSTANTIALLY INTERRUPT THE DELIVERY OF HEALTH
CARE IN THE LOCALITY CONCERNED, THE DIRECTOR MAY FURTHER ASSIST IN THE
RESOLUTION OF THE IMPASSE BY ESTABLISHING WITHIN 30 DAYS AFTER THE
NOTICE TO THE FEDERAL MEDIATION AND CONCILITATION SERVICE UNDER CLAUSE
(A) OF THE LAST SENTENCE OF SECTION 8(D) (WHICH IS REQUIRED BY CLAUSE
(3) OF SUCH SECTION 8(D)), //ANTE, P. 395.// OR WITHIN 10 DAYS AFTER THE
NOTICE UNDER CLAUSE (B), AN IMPARTIAL BOARD OF INQUIRY TO INVESTIGATE
THE ISSUES INVOLVED IN THE DISPUTE AND TO MAKE A WRITTEN REPORT THEREON
TO THE PARTIES WITHIN FIFTEEN (15) DAYS AFTER THE ESTABLISHMENT OF SUCH
A BOARD. THE WRITTEN REPORT SHALL CONTAIN THE FINDINGS OF FACT TOGETHER
WITH THE BOARD'S RECOMMENDATIONS FOR SETTLING THE DISPUTE, WITH THE
OBJECTIVE OF ACHIEVING A PROMPT, PEACEFUL AND JUST SETTLEMENT OF THE
DISPUTE. EACH SUCH BOARD SHALL BE COMPOSED OF SUCH NUMBER OF
INDIVIDUALS AS THE DIRECTOR MAY DEEM DESIRABLE. NO MEMBER APPOINTED
UNDER THIS SECTION SHALL HAVE ANY INTEREST OR INVOLVEMENT IN THE HEALTH
CARE INSTITUTIONS OR THE EMPLOYEE ORGANIZATIONS INVOLVED IN THE DISPUTE.
"(B)(1) MEMBERS OF ANY BOARD ESTABLISHED UNDER THIS SECTION WHO ARE
OTHERWISE EMPLOYED BY THE FEDERAL GOVERNMENT SHALL SERVE WITHOUT
COMPENSATION BUT SHALL BE REIMBURSED FOR TRAVEL, SUSISTENCE, AND OTHER
NECESSARY EXPENSES INCURRED BY THEM IN CARRYING OUT ITS DUTIES UNDER
THIS SECTION.
"(2) MEMBERS OF ANY BOARD ESTABLISHED UNDER THIS SECTION WHO ARE NOT
SUBJECT TO PARAGRAPH (1) SHALL RECEIVE COMPENSATION AT A RATE PRESCRIBED
BY THE DIRECTOR BUT NOT TO EXCEED THE DAILY RATE PRESCRIBED FOR GS-18 OF
THE GENERAL SCHEDULE UNDER SECTION 5332 OF TITLE 5, UNITED STATES CODE,
//5 USC 5332 NOTE.// INCLUDING TRAVEL FOR EACH DAY THEY ARE ENGAGED IN
THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION AND SHALL BE ENTITLED
TO REIMBURSEMENT FOR TRAVEL, SUBSISTENCE, AND OTHER NECESSARY EXPENSES
INCURRED BY THEM IN CARRYING OUT THEIR DUTIES UNDER THIS SECTION.
"(C) AFTER THE ESTABLISHMENT OF A BOARD UNDER SUBSECTION (A) OF THIS
SECTION AND FOR 15 DAYS AFTER ANY SUCH BOARD HAD ISSUED ITS REPORT, NO
CHANGE IN THE STATUS QUO IN EFFECT PRIOR TO THE EXPIRATION OF THE
CONTRACT IN THE CASE OF NEGOTIATIONS FOR A CONTRACT RENEWAL, OR IN
EFFECT PRIOR TO THE TIME OF THE IMPASSE IN THE CASE OF AN INITIAL
BARGAINING NEGOTIATION, EXCEPT BY AGREEMENT, SHALL BE MADE BY THE
PARTIES TO THE CONTROVERSY.
"(D) THERE ARE AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS MAY BE
NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION."
SEC. 3. THE NATIONAL LABOR RELATIONS ACT IS AMENDED BY ADDING
IMMEDIATELY AFTER SECTION 18 THEREOF THE FOLLOWING NEW SECTION: //65
STAT. 601, 29 USC 168.//
"SEC. 19. //29 USC 169.// ANY EMPLOYEE OF A HEALTH CARE INSTITUTION
WHO IS A MEMBER OF AND ADHERES TO ESTABLISHED AND TRADITIONAL TENETS OR
TEACHINGS OF A BONA FIDE RELIGION, BODY, OR SECT WHICH HAS HISTORICALLY
HELD CONSCIENTIOUS OBJECTIONS TO JOINING OR FINANCIALLY SUPPORTING LABOR
ORGANIZATIONS SHALL NOT BE REQUIRED TO JOIN OR FINANCIALLY SUPPORT ANY
LABOR ORGANIZATION AS A CONDITION OF EMPLOYMENT; EXCEPT THAT SUCH
EMPLOYEE MAY BE REQUIRED, IN LIEU OF PERIODIC DUES AND INITIATION FEES,
TO PAY SUMS EQUAL TO SUCH DUES AND INITIATION FEES TO A NONRELIGIOUS
CHARITABLE FUND EXEMPT FROM TAXATION UNDER SECTION 501( C) (3) OF THE
INTERNAL REVENUE CODE, //68A STAT. 163, 26 USC 501.// CHOSEN BY SUCH
EMPLOYEE FROM A LIST OF AT LEAST THREE SUCH FUNDS, DESIGNATED IN A
CONTRACT BETWEEN SUCH INSTITUTION AND A LABOR ORGANIZATION, OR IF THE
CONTRACT FAILS TO DESIGNATE SUCH FUNDS, THEN TO ANY SUCH FUND CHOSEN BY
THE EMPLOYEE."
SEC. 4. THE AMENDMENTS MADE BY THIS ACT SHALL BECOME EFFECTIVE ON
THE THIRTIETH DAY AFTER ITS DATE OF ENACTMENT. //29 USC 169 NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1051 ACCOMPANYING H.R. 13678 (COMM. ON
EDUCATION AND LABOR) AND NO. 93 - 1175 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 766 (COMM. ON LABOR AND PUBLIC WELFARE) AND
NO. 93 - 766 (COMM. OF CONFERENCE).
CONFRESSIONAL RECORD, VOL. 120 (1974):
MAY 2, 3, 7, CONSIDERED AND PASSED SENATE.
MAY 30, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
13678.
JULY 10, SENATE AGREED TO CONFERENCE REPORT.
JULY 11, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-359, 88 STAT 393
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 5584 OF
TITLE 5, UNITED STATES CODE, IS AMENDED AS FOLLOWS: //82 STAT. 1212;
86 STAT. 760.//
(1) STRIKE OUT "EXECUTIVE" WHERVER IT APPEARS IN SUCH SECTION.
(2) IN SUBSECTION (B)(2)--,
(A) IMMEDIATELY AFTER "(2)" INSERT THE FOLLOWING: "EXCEPT IN
THE CASE OF EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, THE
LIBRARY OF CONGRESS, THE OFFICE OF THE ARCHITECT OF THE CAPITOL,
OR THE BOTANIC GARDEN,"; AND
(B) STRIKE OUT "OR" AT THE END THEREOF.
(3) IN SUBSECTION (B)(3)--,
(A) IMMEDIATELY AFTER "(3)" INSERT THE FOLLOWING "EXCEPT IN THE
CASE OF EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, THE LIBRARY
OF CONGRESS, THE OFFICE OF THE ARCHITECT OF THE CAPITOL, OR THE
BOTANIC GARDEN,"; AND
(B) STRIKE OUT "THE EFFECTIVE DATE OF THE AMENDMENT A
AUTHORIZING THE WAIVER OF ALLOWANCES, WHICHEVER IS LATER." AND
INSERT IN LIEU THEREOF "OCTOBER 2, 1972, WHICHEVER IS LATER; OR".
(4) AT THE END OF SUBSECTION (B), ADD THE FOLLOWING NEW CLAUSE:
"(4) IN THE CASE OF EMPLOYEES OF THE GOVERNMENT PRINTING
OFFICE, THE LIBRARY OF CONGRESS, THE OFFICE OF THE ARCHITECT OF
THE CAPITOL, OR THE BONTANIC GARDEN, IF APPLICATION FOR WAIVER IS
RECEIVED IN HIS OFFICE AFTER THE EXPIRATION OF 3 YEARS IMMEDIATELY
FOLLOWING THE DATE ON WHICH THE ERRONEOUS PAYMENT OF PAY OR
ALLOWANCES WAS DISCOVERED OR 3 YEARS IMMEDIATELY FOLLOWING THE
DATE ON WHICH THE CLAUSE (4) IS ENACTED INTO LAW, WHICHEVER IS
LATER."
(5) AT THE END OF THE SECTION, ADD THE FOLLOWING NEW SUBSECTION:
"(G) FOR THE PURPOSE OF THIS SECTION, 'AGENCY' MEANS--,
"(1) AN EXECUTIVE AGENCY;
"(2) THE GOVERNMENT PRINTING OFFICE;
"(3) THE LIBRARY OF CONGRESS;
"(4) THE OFFICE OF THE ARCHITECT OF THE CAPITOL; AND
"(5) THE BONTANIC GARDEN.".
SEC. 2. //2 USC 130C.// A CLAIM OF THE UNITED STATES AGAINST A
PERSON ARISING OUT OF AN ERRONEOUS PAYMENT OF ANY PAY OR ALLOWANCES,
OTHER THAN TRAVEL AND TRANSPORTATION EXPENSES AND ALLOWANCES, ON OR
AFTER THE DATE OF ENACTMENT OF THIS ACT, TO THE VICE PRESIDENT, A
SENATOR, OR TO AN OFFICER OR EMPLOYEE WHOSE PAY IS DISBURSED BY THE
SECRETARY OF THE SENATE, THE COLLECTION OF WHICH WOULD BE AGAINST EQUITY
AND GOOD CONSCIENCE AND NOT IN THE BEST INTERESTS OF THE UNITED STATES,
MAY BE WAIVED IN WHOLE OR IN PART BY THE SECRETARY OF THE SENATE, IF THE
CLAIM IS NOT THE SUBJECT OF AN EXCEPTION MADE BY THE COMPTROLLER GENERAL
IN THE ACCOUNT OF ANY ACCOUNTABLE OFFICER OR OFFICIAL. AN APPLICATION
FOR WAIVER SHALL BE INVESTIGATED BY THE FINANCIAL CLERK OF THE SENATE
WHO SHALL SUBMIT A WRITTEN REPORT OF HIS INVESTIGATION TO THE SECRETARY
OF THE SENATE. AN APPLICATION FOR WAIVER OF A CLAIM IN AN AMOUNT
AGGREGATING MORE THAN $500 SHALL ALSO BE INVESTAGED BY THE COMPTROLLER
GENERAL OF THE UNITED STATES WHO SHALL SUBMIT A WRITTEN REPORT OF HIS
INVESTIGATION TO THE SECRETARY OF THE SENATE.
(B) THE SECRETARY OF THE SENATE MAY NOT EXERCISE HIS AUTHORITY UNDER
THIS SECTION TO WAIVE ANY CLAIM--,
(1) IF, IN HIS OPINION, THERE EXISTS, IN CONNECTION WITH THE
CLAIM, AN INDICATION OF FRAUD, MISREPRESENTATION, FAULT, OR LACK
OF GOOD FAITH ON THE PART OF THE VICE PRESIDENT, THE SENATOR, THE
OFFICER OR EMPLOYEE, OR ANY OTHER PERSON HAVING AN INTEREST IN
OBTAINING A WAIVER OF THE CLAIM; OR
(2) IF THE APPLICATION FOR WAIVER IS RECEIVED IN HIS OFFICE
AFTER THE EXPIRATION OF 3 YEARS IMMEDIATELY FOLLOWING THE DATE ON
WHICH THE ERRONEOUS PAYMENT OF PAY OR ALLOWANCES WAS DISCOVERED.
(C) IN THE AUDIT AND SETTLEMENT OF ACCOUNTS OF ANY ACCOUNTABLE OFFICE
OR OFFICIAL, FULL CREDIT SHALL BE GIVEN FOR ANY AMOUNTS WITH RESPECT TO
WHICH COLLECTION BY THE UNITED STATES IS WAIVED UNDER THIS SECTION.
(D) AN ERRONEOUS PAYMENT, THE COLLECTION OF WHICH IS WAIVED UNDER
THIS SECTION, IS DEEMED A VALID PAYMENT FOR ALL PURPOSES.
(E) THIS SECTION DOES NOT AFFECT ANY AUTHORITY UNDER ANY OTHER LAW TO
LITIGATE, SETTLE, COMPROMISE, OR WAIVE ANY CLAIM OF THE UNITED STATES.
(F) THE SECRETARY OF THE SENATE SHALL PROMULGATE RULES AND
REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS SECTION.
SEC. 3. //2 USC 130D.// (A) A CLAIM OF THE UNTIED STATES AGAINST A
PERSON ARISING OUT OF AN ERRONEOUS PAYMENT OF ANY PAY OR ALLOWANCES,
OTHER THAN TRAVEL AND TRANSPORTATION EXPENSES AND ALLOWANCES, ON OR
AFTER THE DATE OF ENACTMENT OF THIS SECTION, TO AN OFFICER OR EMPLOPYEE
WHOSE PAY IS DISBURSED BY THE CLERK OF THE HOUSE OF REPRESENTATIVES, THE
COLLECTION OF WHICH WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE AND NOT
IN THE BEST INTERESTS OF THE UNITED STATES, MAY BE WAIVED IN WHOLE OR IN
PART BY THE SPEAKER OF THE HOUSE, IF THE CLAIM IS NOT THE SUBJECT OF AN
EXCEPTION MADE BY THE COMPTROLLER GENERAL IN THE ACCOUNT OF ANY
ACCOUNTABLE OFFICER OR OFFICIAL.
(B) AN APPLICATION FOR WAIVER OF A CLAIM SHALL BE INVESTIGATED BY THE
CLERK OF THE HOUSE OPF REPRESENTATIVES WHO SHALL SUBMIT A WRITTEN REPORT
OF HIS INVESTIGATION TO THE SPEAKER OF THE HOUSE.
(C) THE SPEAKER OF THE HOUSE MAY NOT EXERCISE HIS AUTHORITY UNDER
THIS SECTION TO WAIVE ANY CLAIM--,
(1) IF, IN HIS OPINION, THERE EXISTS, IN CONNECTION WITH THE
CLAIM, AN INDICATION OF FRAUD, MISREPRESENTATION, FAULT, OR LACK
OF GOOD FAITH ON THE PART OF THE OFFICER OR EMPLOYEE OR ANY OTHER
PERSON HAVING AN INTERESTING IN OBTAINING A WAIVER OF THE CLAIM;
OR
(2) IF THE APPLICATION FOR WAIVER IS RECEIVED IN HIS OFFICE
AFTER THE EXPIRATION OF 3 YEARS IMMEDIATELY FOLLOWING THE DATE ON
WHICH THE ERRONEOUS PAYMENT OF PAY OR ALLOWANCES WAS DISCOVERED.
(D) IN THE AUDIT AND SETTLEMENT OF THE ACCOUNTS OF ANY ACCOUNTABLE
OFFICER OR OFFICIAL, FULL CREDIT SHALL BE GIVEN FOR ANY AMOUNTS WITH
RESPECT TO WHICH COLLECTION BY THE UNITED STATES IS WAIVED UNDER THIS
SECTION.
(E) AN ERRONEOUS PAYMENT, THE COLLECTION OF WHICH IS WAIVED UNDER
THIS SECTION, IS DEEMED A VALID PAYMENT FOR ALL PURPOSES.
(F) THIS SECTION DOES NOT AFFECT ANY AUTHORITY UNDER ANY OTHER LAW TO
LITIGATE, SETTLE, COMPROMISE, OR WAIVE ANY CLAIM OF THE UNITED STATES.
(G) THE SPEAKER OF THE HOUSE SHALL PRESCRIBE RULES AND REGUALTIONS TO
CARRY OUT THE PROVISIONS OF THIS SECTION.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1095 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 0 339 (COMM. ON RULES AND ADMINISTRATION).
CONGRESSIONAL RECORD:
VOL. 119 (1973): JULY 24, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): JUNE 17, CONSIDERED AND PASSED HOUSE,
AMENDED.
JULY 11, SENATE CONCURRED IN HOUSE AMENDMENTS.
PUBLIC LAW 93-358, 88 STAT. 392
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE ACT ENTITLED
"AN ACT TO CREATE A COMMITTEE ON PURCHASES OF BLIND-MADE PRODUCTS, AND
FOR OTHER PURPOSES", APPROVED JUNE 25,1938 (41 U.S.C. 46-48C) //85 STAT.
77 41 USC 46.//
(1) SECTION 1(A) IS AMENDED-- (A) BY STRIKING OUT "COMMITTEE
FOR PURCHASE OF PRODUCTS AND SERVICES OF" IN THE FIRST SENTENCE
THEREOF AND INSERTING IN LIEU THEREOF "COMMITTEE FOR PURCHASE
FROM"; (B) BY STRIKING OUT "FOURTEEN" IN THE SECOND SENTENCE
THEREOF AND INSERTING IN LIEU THEREOF "FIFTEEN"; (C) BY STRIKING
OUT "AND OTHER SERVERELY HANDICAPPED INDIVIDUALS." IN PARAGRAPH
(2)(A) AND ININSERTING IN LIEU THEREOF A PERIOD; AND (D) BY
REDESIGNATING SUBPARARAGRAPHS (B) AND (C) OF PARAGRAPH (2) AS
SUBPARAGRAPHS (C) AND (D), RESPECTIVELY, AND INSERTING AFTER
SUBPARAGRAPH (A) THE FOLLOWING SUBPARAGRAPH:
"(B) THE PRESIDENT SHALL APPOINT ONE MEMBER FROM PERSONS WHO ARE NOT
OFFICERS OR EMPLOYEES OF THE GOVERNMENT AND WHO ARE CONVERSANT WITH THE
PROBLEMS INCIDENT TO THE EMPLOYMENT OF OTHER SEVERELY HANDICAPPED
INDIVIDUALS.".
(I) SECTION 1(D) IS AMENDED--, //41 USC 48B.// (A) BY STRIKING
OUT "PARAGRAPHS (2) AND (3)" IN PARAGRAPH (1) AND INSERTING IN
LIEW THEREOF "PARAGRAPHS (2), (3), AND (4)"; AND (B) BY ADDING AT
THE END THEREOF THE FOLLOWING NEW PARAGRAPH: (4) THE MEMBER FIRST
APPOINTED UNDER PARAGRAPH (2)(B) OF SECTION (A) SHALL BE APPOINTED
FOR A TERM OF THREE YEARS.".
(3) SECTION 5 IS AMENDED--, (A) BY INSERTING AFTER PARAGRAPH
(4) THE FOLLOWING NEW PARAGRAPH: (5) THE 'DIRECT LABOR' INCLUDES
ALL WORK REQUIRED FOR PREPARATION, PROCESSSING, AND PACKING OF A
COMMODITY, OR WORK DIRECTLY RELATING TO THE PERFORMANCE OF A
SERVICE, BUT NOT SUPERVISION, ADMINISTRATION, INSPECTION, OR
SHIPPING"; (B) BY STRIKING OUT PARAGRAPH (6); AND (C) BY
REDESIGNATING PARAGRAPHS (7), (8), AND (9) AS PARAGRAPHS (6), (7),
AND (8), RESPECTIVELY.
"SEC. 6. THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE COMMITTEE TO
CARRY OUT THIS ACT $240,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974,
AND SUCH SUMS AS MAY BE NECESSARY FOR THE SUCCEEDING FISCAL YEARS.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 808 (COMM. ON GOVERNMENT OPERATIONS).
SENATE REPORT NO. 93 - 908 ACCOMPANYING S. 2687 (COMM. ON LABOR AND
PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 4, CONSIDERED AND PASSED HOUSE.
JUNE 13, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF S.
2687.
JULY 15, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-357, 88 STAT. 391, EMERGENCY LIVESTOCK CREDIT ACT OF
1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE
CITED AS THE "EMERGENCY LIVESTOCK CREDIT ACT OF 1974". //7 USC PREC.
1961 NOTE.//
SEC. (A) THE SECRETARY OF AGRICULTURE IS AUTHORIZED AND DIRECTED TO
PROVIDE FINANCIAL ASSISTANCE TO BONA FIDE FARMERS AND RANCHERS WHO ARE
PRIMARILY AND DIRECTLY ENGAGED IN AGRICULTURAL PRODUCTION FOR THE
PURPOSE OF BREEDING, RAISING, FATTENING, OR MARKETING LIVESTOCK. IN THE
CASE OF CORPORATIONS OR PARTNERSHIPS, SUCH FINANCIAL ASSISTANCE SHALL BE
EXTENDED ONLY WHEN A MAJORITY INTEREST IN SUCH CORPORATIONS OR
PARTNERSHIPS IS HELD BY STOCKHOLDERS OR PARTNERS WHO THEMSELVES ARE
PRIMARILY AND DIRECTLY ENGAGED IN SUCH AGRICULTURAL PRODUCTION. FOR
PURPOSES OF THIS ACT, THE TERM "LIVESTOCK" SHALL MEAN BEEF CATTLE, DAIRY
CATTLE, SWINE, SHEEP, GOATS, CHICKENS, AND TURKEYS.
(B) THE SECRETARY SHALL GUARANTEE LOANS, INCLUDING BOTH PRINCIPAL AND
INTEREST, MADE BY ANY LEGALLY ORGANIZED LENDING AGENCY WHICH OTHERWISE
MEET THE PURPOSES AND CONDITIONS OF THIS ACT. AS USED HEREIN, A
GUARANTEED LOAN IS ONE WHICH IS MADE, HELD, AND SERVICES BY A LEGALLY
ORGANIZED LENDING AGENCY AND WHICH IS GUARANTEED BY THE SECRETARY
HEREUNDER: PROVIDED, THAT THE TERM "LEGALLY ORGANIZED LENDING AGENCY"
SHALL NOT BE DEEMED TO INCLUDE THE FEDERAL FINANCING BANK.
(C) NO CONTRACT GUARANTEEING ANY SUCH LOAN BY A LENDER SHALL REQUIRE
THE SECRETARY TO PARTICIPATE IN MORE THAN 80 PER CENTUM OF ANY LOSS
SUSTAINED THEREON.
(D) NO FEES OR CHARGES SHALL BE ASSESSED BY THE SECRETARY FOR ANY
GUARANTEE PROVIDED BY HIM UNDER THIS ACT.
(E) LOANS GUARANTEED UNDER THIS ACT SHALL BEAR INTEREST AT A RATE TO
BE AGREED UPON BY THE LENDER AND BORROWER.
(F) LOANS GUARANTEED UNDER THIS ACT SHALL BE PAYABLE IN NOT MORE THAN
THREE YEARS, BUT MAY BE RENEWED FOR NOT MORE THAN TWO ADDITIONAL YEARS.
SEC. 3. AS A CONDITION OF THE SECRETARY'S GUARANTEEING ANY LOAN UNDER
THIS ACT--, //7 USC PREC. 1961 NOTE.//
(A) THE LENDER SHALL CERTIFY THAT--,
(1) THE LENDER IS UNWILLING TO PROVIDE CREDIT TO THE LOAN
APPLICANT IN THE ABSENCE OF THE GUARANTEE AUTHORIZED BY THIS ACT;
(2) THE LOAN APPLICANT IS DIRECTLY AND IN GOOD FAITH ENGAGED IN
AGRICULTURAL PRODUCTION, AND THE FINANCING TO BE FURNISHED THE
LOAN APPLICANT IS TO BE USED FOR PURPOSE RELATED TO THE BREEDING,
RAISING, FATTENING, OR MARKETING OF LIVESTOCK;P
(3) THE LOAN IS FOR THE PURPOSE OF MAINTAINING THE OPERATIONS
OF THE LOAN APPLICANT, AND THE TOTAL LOANS MADE TO THE LOAN
APPLICANT DO NOT EXCEDED THE AMOUNT NECESSARY TO PERMIT THE
CONTINUATION OF HIS LIVESTOCK OPERATIONS AT A LEVEL EQUAL TO ITS
HIGHEST LEVEL DURING THE EIGHTEEN MONTHS IMMEDIATELY PRECEDING THE
DATE OF ENACTMENT OF THIS ACT: PROVIDED, THAT THE TOTAL LOANS
GUARANTEED UNDER THIS ACT FOR ANY LOAN APPLICANT SHALL NOT EXCEED
$250,000;
(4) IN THE CASE OF ANY LOAN TO REFINANCE THE LIVESTOCK
OPERATIONS OF A LOAN APPLICANT (I) THE LOAN AND REFINANCING ARE
ABSOLUTELY ESSENTIAL IN ORDER FOR THE LOAN APPLICANT TO REMAIN IN
BUSINESS,
(II) THE LENDING AGENCY WOULD NOT REFINANCE SUCH LOAN IN THE
ABSENCE OF A GUARANTEE, AND (III) THE LENDING AGENCY IS NOT
CURRENTLY REFINANCING SIMILAR LOANS TO OTHERS WITHOUT SUCH
GUARANTEES.
(B) THE LOAN APPLICANT SHALL CERTIFY THAT HE WILL BE UNABLE TO OBTAIN
FINANCING IN THE ABSENCE OF THE GUARANTEE AUTHORIZED BY THIS ACT.
(C) THE SECRETARY FINDS THERE IS REASONABLE PROBABILITY OF
ACCOMPLISHING THE OBJECTIVES OF THE ACT AND REPAYMENT OF THE LOAN.
SEC. 4. LOANS GUARANTEED UNDER THIS ACT SHALL BE SECURED BY SECURITY
ADEQUATE TO PROTECT THE GOVERNMENT'S INTEREST, AS DETERMINED BY THE
SECRETARY. //7 USC PREC. 1961 NOTE.//
SEC. 5. LOAN GUARANTEES OUTSTANDING UNDER THIS ACT SHALL NOT EXCEED
$2,000,000,00/ AT ANY ONE TIME. SUBJECT TO THE PROVISIONS OF SECTION
2(C) OF THIS ACT, THE FUND CREATED IN SECTION 309 OF THE CONSOLIDATED
FARM AND RURAL DEVELOPMENT ACT //75 STAT. 309; ,L STAT. 660; 7 USC
1929.// SHALL BE USED BY THE SECRETARY FOR THE DISCHARGE OF THE
OBLIGATIONS OF THE SECRETARY UNDER CONTRACTS OF GUARANTEE MADE PURSUANT
TO THIS ACT. //7 USC PREC. 1961 NOTE.//
SEC. 6. CONTRACTS OF GUARANTEE UNDER THIS ACT SHALL NOT BE INCLUDED
IN THE TOTALS OF THE BUDGET OF THE UNITED STATES GOVERNMENT ANS SHALL BE
EXEMPT FROM ANY GENERAL LIMITATION IMPOSED BY STATUTE ON EXPENDITURES
AND NET LENDING (BUDGET OUTLAYS) OF THE UNITED STATES. //7 USC PREC.
1961 NOTE.//
SEC. 7 ANY CONTRACT OF GUARANTEE EXECUTED BY THE SECRETARY UNDER THIS
ACT SHALL BE AN OBLIGATION SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
UNITED STATES AND INCONTESTABLE EXCEPT FOR FRAUD OR MISREPRESENTATION
WHICH THE HOLDER HAD ACTUAL KNOWLEDGE AT THE TIME IT BECAME A HOLDER.
//7 USC PRE. 1961 NOTE.//
SEC. 8 THE PROVISIONS OF THIS ACT SHALL BECOME EFFECTIVE UPON
ENACTMENT, AND THE AUTHORITY TO MAKE NEW GUARANTEES UNDER THIS ACT SHALL
TERMINATE ONE YEAR FROM THE DATE OF ENACTMENT OF THIS ACT, EXCEPT THAT
THE SECRETARY OF AGRICULTURE MAY EXTEND THE GUARANTEE AUTHORITY PROVIDED
IN THIS ACT FOR A PERIOD NOT TO EXCEED SIX MONTHS IF HE (1) DETERMINES
THAT SUCH GUARANTEES ARE NECESSARY TO THE WELFARE OF LIVESTOCK PRODUCERS
AND THAT ADEQUATE CREDIT CANNOT BE OBTAINED WITHOUT SUCH GUARANTEE BY
THE SECRETARY, AND (2) NOTIFIES THE COMMITTEEE ON AGRICULTURE AND
FORESTRY OF THE SENATE AND THE COMMITTEE ON AGRICULTURE OF THE HOUSE OF
REPRESENTATIVES AT LEAST THIRTY DAYS PRIOR TO THE DATE ON WHICH HE
ELECTS TO EXTEND THE GUARANTEE AUTHORITY PROVIDED IN THE ACT. //7 USC
PREC. 1961 NOTE.//
SEC. 9. (A) THE PROVISIONS OF SECTION 310B(D)(6) OF THE CONSOLIDATED
FARM AND RURAL DEVELOPMENT ACT //86 STAT. 663; 7 USC 1932.// SHALL
APPLY TO LOANS GUARANTEED UNDER THIS ACT. //7 USC PREC. 1961 NOTE.//
(B) CONTRACTS OF GUARANTEE EXECUTED PURSUANT TO THE PROVISIONS OF
THIS ACT SHALL BE FULLY ASSIGNABLE.
SEC. 10. THE SECRETARY IS AUTHORIZED TO ISSUE SUCH REGUALTIONS AS HE
DETERMINES NECESSARY TO CARRY OUT THIS ACT. THE PROPOSED REGULATIONS
SHALL BE ISSUED AS SOON AS POSSIBLE, BUT IN NO EVENT LATER THIRTY DAYS
FROM THE DATE OF ENACTMENT OF THIS ACT. //7 USC PREC. 196! NOTE.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1171 ACCOMPANYING H.R. 15560 (COMM ON
AGRICULTURE).
SENATE REPORT NO. 93 - 949 (COMM. ON AGRICULTURE AND FORESTRY).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 21, 24, CONSIDERED AND PASSED SENATE.
JULY 16, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
15560.
JULY 17, SENATE AGREED TO HOUSE AMENDMENTS.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
VOL. 10, NO. 30 (1974): JULY 26, PRESIDENTIAL STATEMENT.
PUBLIC LAW 93-356, 88 STAT. 390
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. SECTION 3709 OF THE REVISED STATUTES, AS AMENDED (41 U.S.
C. 5), IS AMENDED BY STRIKING OUT "2,500" AND INSERTING IN LIEU THEREOF
"$10,000". //D.C. CODE 1 - 808.//
SEC. 2. THE THIRD FULL UNNUMBERED PARAGRAPH UNDER THE HEADING "OFFICE
OF ARCHITECT OF THE CAPITOL" CONTAINED IN THE APPROPRIATIONS FOR THE
ARCHITECT OF THE CAPITOL IN THE LEGISLATIVE BRANCH APPROPRIATION ACT,
1966 (79 STAT. 276; 41 U.S.C. 6A - 1) IS AMENDED BY STRIKING OUT
"$2,500" AND INSERTING IN LIEU THEREOF "$10,000".
SEC. 3. SECTION 302(C)(3) OF THE FEDERAL PROPERTY AND ADMINISTRATIVE
SERVICES ACT OF 1949, AS AMENDED (41 U.S.C. 252(C)(3)) //63 STAT. 393;
IS AMENDED BY STRIKING OUT "$2,500" AND INSERTING IN LIEU THEREOF
"$10,000".
SEC. 4. (A) SECTION 2304(A)(3) OF TITLE 10, UNITED STATES CODE, //70A
STAT. 128; 72 STAT. 967.// IS AMENDED BY STRIKING OUT "$2,500" AND
INSERTING IN LIEU THEREOF "$10,000".
(B) SECTION 2304(G) OF SUCH TITLE //76 STAT. 528.// IS AMENDED BY
STRIKING OUT "$2,500" AND INSERTING IN LIEU THEREOF "$10,000".
SEC. 5 SECTION 9(B) OF THE TENNESSEE VALLEY AUTHORITY ACT OF 1933, AS
AMENDED (16 U.S.C. 831H(B)(3)) //49 STAT. 1080.// IS AMENDED BY STRIKING
OUT $500" AND INSERTING IN LIEU THEREOF "$10,000".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1168 ACCOMPANYING H.R. 14494 (COMM. ON
GOVERNMENT OPERATIONS).
SENATE REPORT NO. 93 - 901 (COMM ON GOVERNMENT OPERATIONS).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JUNE 6, CONSIDERED AND PASSED SENATE.
JULY 15, CONSIDERED AND PASSED HOUSE, IN LIEU OF H.R. 14494.
PUBLIC LAW 93-355, 88 STAT. 378, LEGAL SERVICES CORPORATION ACT OF
1974
BE IT ENACTED BY SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THIS ACT MAY BE CITED AS
THE "LEGAL SERVICES CORPORATION ACT OF 1974". //42 USA 2996 NOTE.//
SEC. 2. THE ECONOMIC OPPORTUNITY ACT OF 1964 IS AMENDED BY ADDING AT
THE END THEREOF THE FOLLOWING NEW TITLE: //78 STAT. 508; 86 STAT.
704, 42 USC 2701 NOTE.//
"SEC. 1001. THE CONGRESS FINDS AND DECLARES THAT--
"(1) THERE IS A NEED TO PROVIDE EQUAL ACCESS TO THE SYSTEM OF JUSTICE
IN OUR NATION FOR INDIVIDUALS WHO SEEK REDRESS OF GRIEVANCES;
"(2) THERE IS A NEED RO PROVIDE HIGH QUALITY LEGAL ASSISTANCE TO
THOSE WHO WOULD BE OTHERWIDE UNABLE TO AFFORD ADEQUATE LEGAL COUNSEL AND
TO CONTINUE THE PRESENT VITAL LEGAL SERVICES PROGRAM;
"(3) PROVIDING LEGAL ASSISTANCE TO THOSE WHO FACE AND ECONOMIC
BARRIER TO ADEQUATE LEGAL COUNSEL WILL SERVE BEST THE ENDS OF JUSTICE;
"(4) FOR MANY OF OUR CITIZENS, THE AVAILABILITY OF LEGAL SERVICES HAS
REAFFIRMED FAITH IN OUR GOVERNMENT OF LAWS;
"(5) TO PRESERVE ITS STRENGTH, THE LEGAL SERVICES PROGRAM MUST BE
KEPT FREE FROM THE INFLUENCE OF OR USE BY IT OF POLITICAL PRESSURES;
AND
"(6) ATTORNEYS PROVIDING LEGAL ASSISTANCE MUST HAVE FULL FREEDOM TO
PROTECT THE BEST INTERESTS OF THEIR CLIENTS IN KEEPING WITH THE CODE OF
PROFESSIONAL RESPONSIBILITY, THE CANONS OF ETHICS, AND THE HIGH
STANDARDS OF THE LEGAL PROFESSION.
"SEC. 1002. AS USED IN THIS TITLE, THE TERM--
"(1) 'BOARD' MEANS THE BOARD OF DIRECTORS OF THE LEGAL SERVICES
CORPORATION;
"(2) 'CORPORATION' MEANS THE LEGAL SERVICES CORPORATION ESTABLISHED
UNDER THIS TITLE;
"(3) 'ELIGIBLE CLIENT' MEANS ANY PERSON FINANCIALLY UNABLE TO AFFORD
LEGAL ASSISTANCE;
"(4) 'GOVERNOR' MEANS THE CHIEF EXECUTIVE OFFICER OF A STATE;
"(5) 'LEGAL ASSISTANCE' MEANS THE PROVISION OF ANY LEGAL SERVICES
CONSISTENT WITH THE PURPOSES AND PROVISIONS OF THIS TITLE;
"(6) 'RECIPIENT' MEANS ANY GRANTEE, CONTRACTEE, OR RECIPIENT OF
FINANCIAL ASSISTANCE DESCRIBED IN CLAUSE (A) OF SECTION 1006(A)(1);
"(7) 'STAFF ATTORNEY' MEANS AN ATTORNEY WHO RECEIVES MORE THAN
ONE-HALF OF HIS ANNUAL PROFESSIONAL INCOME FROM A RECIPIENT ORGANIZED
SOLELY FOR THE PROVISIONS OF LEGAL ASSISTANCE TO ELIGIBLE CLIENTS UNDER
THIS TITLE; AND
"(8) 'STATE' MEANS ANY STATE OF THE UNITED STATES, THE DISTRICT OF
COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM,
AMERICAN SAMOA, THE TRUST TERRITORY OF THE PACIFIC ISLANDS, AND ANY
OTHER TERRITORY OR POSSESSION OF THE UNITED STATES.
"SEC. 1003. (A) THERE IS ESTABLISHED IN THE DISTRICT OF COLUMBIA A
PRIVATE NONMEMBERSHIP NONPROFIT CORPORATION, WHCIH SHALL BE KNOWN AS THE
LEGAL SERVICES CORPORATION, FOR THE PURPOSE OF PROVIDING FINANICAL
SUPPORT FOR LEGAL ASSISTANCE IN NONCRIMINAL PROCEEDINGS OR MATTERS TO
PERSON FINANCIALLY UNABLE TO AFFORD LEGAL ASSISTANCE.
"(B) THE CORPORATION SHALL MAINTAIN ITS PRINCIPAL OFFICE IN THE
DISTRICT OF COLUMBIA AND SHALL MAINTAIN THEREIN A DESIGNATED AGENT TO
ACCEPT SERVICE OF PROCESS FOR THE CORPORATION. NOTICE TO OR SERVICE
UPON THE AGENT SHALL BE DEEMED NOTICE TO OR SERVICE UPON THE
CORPORATION.
"(C) THE CORPORATION, AND ANY LEGAL ASSISTANCE PROGRAM ASSISTED BY
THE CORPORATION, SHALL BE ELIGIBLE TO BE TREATED AS AN ORGANIZATION
DESCRIBED IN SECTION 170(C)(2)(B) OF THE INTERNAL REVENUE CODE OF 1954
//83 STAT. 549, 26 USC 170,// AND AS AN ORGANIZATION DESCRIBED IN
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1954 WHICH IS EXEMPT
FROM TAXATION UNDER SECTION 501(A) OF SUCH CODE. //68A STAT. 163, 26
USC 501.// IF SUCH TREATMENTS ARE CONFERRED IN ACCORDANCE WITH THE
PROVISIONS OF SUCH CODE, THE CORPORATION, AND LEGAL ASSISTANCE PROGRAMS
ASSISTED BY THE CORPORATION, SHALL BE SUBJECT TO ALL PROVISIONS OF SUCH
CODE RELEVANT TO THE CONDUCT OF ORGANIZATIONS EXEMPT FROM TAXATION.
"SEC. 104. (A) THE CORPORATIO SHALL HAVE A BOARD OF DIRECTORS
CONSISTING OF ELEVEN VOTING MEMBERS APPOINTED BY THE PRESIDENT, BY AND
WITH THE ADVICE AND CONSENT OF THE SENATE, NO MORE THAN SIX OF WHOM
SHALL BE OF THE SAME POLITICAL PARTY. A MAJORITY SHALL BE MEMBERS OF
THE BAR OF THE HIGHEST COURT OF ANY STATE, AND NONE SHALL BE A FULL-TIME
EMPLOYEE OF THE UNITED STATES.
"(B) THE TERM OF OFFICE OF EACH MEMBER OF THE BOARD SHALL BE THREE
YEARS, EXCEPT THAT FIVE OF THE MEMBERS FIRST APPOINTED, AS DESIGNATED BY
THE PRESIDENT AT THE TIME OF APPOINTMENT, SHALL SERVE FOR A TERM OF TWO
YEARS. EACH MEMBER OF THE BOARD SHALL CONTINUE TO SERVE UNTILL
SUCCESSOR TO SUCH MEMBER HAS BEEN APPOINTED AND QUALIFIED. THE TERM OF
INITIAL MEMBERS SHALL BE COMPUTED FROM THE DATE OF THE FIRST MEETING OF
THE BOARD. THE TERM OF EACH MEMBER OTHER THAN INITIAL MEMBERS SHALL BE
COMPUTED FROM THE DATE OF TERMINATION OF THE PRECEDING TERM. ANY MEMBER
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE
TERM FOR WHICH SUCH MEMBER'S PREDECESSOR WAS APPOINTED SHALL BE
APPOINTED FOR THE REMAINDER OF SUCH TERM. NO MEMBER SHALL BE
REAPPOINTED TO MORE THAN TWO CONSECUTIVE TERMS IMMEDIATELY FOLLOWING
SUCH MEMBER'S INITIAL TERM.
"(C) THE MEMBERS OF THE BOARD SHALL NOT, BY REASON OF SUCH
MEMBERSHIP, BE DEEMED OFFICERS OR EMPLOYEES OF THE UNITED STATES.
"(D) THE PRESIDENT SHALL SELECT FROM AMONG THE VOTING MEMBERS OF THE
BOARD A CHAIRMAN, WHO SHALL SERVE FOR A TERM OF THREE YEARS. THEREAFTER
THE BOARD SHALL ANNUALLY ELECT A CHAIRMAN FROM AMONG ITS VOTING MEMBERS.
"(E) A MEMBER OF THE BOARD MAY BE REMOVED BY A VOTE OF SEVEN MEMBERS
FOR MALFEASANCE IN OFFICE OR FOR PERSISTENT NEGLECT OF OR INABILITY TO
DISCHARGE DUTIES, OR FOR OFFENSES INVOLVING MORAL TURPITUDE, AND FOR NO
OTHER CAUSE.
(F) WITHIN SIX MONTHS AFTER THE FIRST MEETING OF THE BOARD, THE BOARD
SHALL REQUEST THE GOVERNOR OF EACH STATE TO APPOINT A NINE-MEMBER
ADVISORY COUNCIL FOR SUCH STATE. A MAJORITY OF THE MEMBERS OF THE
ADVISORY COUNCIL SHALL BE APPINTED, AFTER RECOMMENDATIONS HAVE BEEN
RECEIVED FROM THE STATE BAR ASSOCIATION, FROM AMONG THE ATTORNEYS
ADMITTED TO PRACTICE IN THE STATE, AND THE MEMBERSHIP OF THE COUNCIL
SHALL BE SUBJECT TO ANNUAL REAPPOINTMENT. IF NINETY DAYS HAVE ELAPSED
WITHOUT SUCH AN ADVISORSOY COUNCIL APPOINTED BY THE GOVERNOR THE BOARD
IS AUTHORIZED TO APPOINT SUCH A COUNCIL. THE ADVISORY COUNCIL SHALL BE
CHARGED WITH NOTIFYING THE CORPORATION OF ANY APPARENT VIOLATION OF THE
PROVISIONS OF THIS TITLE AND APPLICABLE RULES, REGULATIONS, AND
GUIDELINES PROMULGATED PURSUANT TO THIS TITLE. THE ADVISORY COUNCIL
SHALL, AT THE SAME TIME, FURNISH A COPY OF THE NOTIFICATION TO ANY
RECIPIENT AFFECTED THEREBY, AND THE COORPORATION SHALL ALLOW SUCH
RECIPIENT A REASONABLE TIME (BUT IN NO CASE LESS THAN THIRTY DAYS) TO
REPLY TO ANY ALLEGATION CONTAINED IN THE NOTIFICATION.
"(G) ALL MEETINGS OF THE BOARD, OF ANY EXECUTIVE COMMITTEE OF THE
BOARD, AND OF ANY ADVISORY COUNCIL ESTABLISHED IN CONNECTION WITH THIS
TITLE SHALL BE OPEN TO THE PUBLIC, AND ANY MINUTES OF SUCH PUBLIC
MEETINGS SHALL BE AVAILABLE TO THE PUBLIC, UNLESS THE MEMBERSHIP OF SUCH
BODIES, BY TWO-THIRDS VOTE OF THOSE ELIGIBLE TO VOTE, DETERMINES THAT AN
EXECUTIVE SESSION SHOULD BE HELD ON A SPECIFIC OCCASION.
"(H) THE BOARD SHALL MEET AT LEAST FOUR TIMES DURING EACH CALENDAR
YEAR.
"SEC. 1005. (A). THE BOARD SHALL APPOINT THE PRESIDENT OF THE
CORPORATION, WHO SHALL BE A MEMBER OF THE BAR OF THE HIGHEST COURT OF A
STATE AND SHALL BE A NON-VOTING EX OFFICIO MEMBER OF THE BOARD, AND SUCH
OTHER OFFICERS AS THE BOARD DETERMINES TO BE NECESSARY. NO OFFICER OF
THE CORPORATION MAY RECEIVE ANY SALARY OR OTHER COMPENSATION FOR
SERVICES FROM ANY SOURCE OTHER THAN THE CORPORATION DURING HIS PERIOD OF
EMPLOYMENT BY THE CORPORATION, EXCEPT AS AUTHORIZED BY THE BOARD. ALL
OFFICERS SHALL SERVE AT THE PLEASURE OF THE BOARD.
"(B)(1) THE PRESIDENT OF THE CORPORATION, SUBJECT TO GENERAL POLICIES
ESTABLISHED BY THE BOARD, MAY APPOINT AND REMOVE SUCH EMPLOYEES OF THE
CORPORATION AS HE DETERMINES NECESSARY TO CARRY OUT THE PURPOSES OF THE
CORPORATION.
"(2) NO POLITICAL TEST OR POLITIICAL QUALIFICATION SHALL BE USED IN
SELECTING, APPOINTING, PROMOTING, OR TAKING ANY OTHER PERSONNEL ACTION
WITH RESPECT TO ANY OFFICER, AGENT, OR EMPLOYEE OF THE CORPORATION OR OF
ANY RECIPIENT, OR IN SELECTING OR MONITORING ANY GRANTEE, CONTRACTOR, OR
PERSON OR ENTITY RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE.
"(C) NO MEMBER OF THE BOARD MAY PARTICPATE IN ANY DECISION, ACTION,
OR RECOMMENDATION WITH RESEPCT TO ANY MATTER WHICH DIRECTLY BENEFITS
SUCH MEMBER OR PERTAINS SPECIFICALLY TO ANY FIRM OR ORGANIZATION WITH
WHICH SUCH MEMBER IS THEN ASSOCIATED OR HAS BEEN ASSOCIATED WITHIN A
PERIOD OF TWO YEARS.
"(D) OFFICERS AND EMPLOYEES OF THE CORPORATION SHALL BE COMPENSATED
AT RATES DETERMINED BY THE BOARD, BUT NOT IN EXCESS OF THE RATE OF LEVEL
V OF THE EXECUTIVE SCHEDULE SPECIFIED IN SECTION 4316 OF TITLE 5, UNITED
STATES CODE. //83 STAT. 863.//
"(E)(!) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS TITLE,
OFFICERS AND EMPLOYEES OF THE CORPORATION SHALL NOT BE CONSIDERED
OFFICERS OR EMPLOYEES, AND THE CORPORATION SHALL NOT BE CONSIDERED A
DEPARTMENT, AGENCY, OR INSTRUMENTALITY, OF THE FEDERAL GOVERNMENT.
"(2) NOTHING IN THIS TITLE SHALL BE CONSTRUED AS LIMITING THE
AUTHORITY OF THE OFFICE OF MANAGEMENT AND BUDGET TO REVIEW AND SUBMIT
COMMENTS UPON THE CORPORATION'S ANNUAL BUDGET REQUEST AT THE TIME IT IS
TRANSMITTED TO THE CONGRESS.
"(F) OFFICERS AND EMPLOYEES OF THE CORPORATION SHALL BE CONSIDERED
OFFICERS AND EMPLOYEES OF THE FEDERAL GOVERNMENT FOR PURPOSES OF THE
FOLLOWING PROVISIONS OF TITLE 5, UNITED STATES CODE: SUBCHAPTER I OF
CHAPTER 81 (RELATING TO COMPENSATION FOR WORK INJURIES); CHAPTER 83
//80 STAT. 532, 5 USC 8101, 6301.// (RELATING TO CIVIL SERVICE
RETIREMENT); CHAPTER 87 //5 USC 8701.// (RELATING TO LIFE INSRUANCE);
AND CHAPTER 89 //5 USC 8901.// (RELATING TO HEALTH INSURANCE). THE
CORPORATION SHALL MAKE CONTRIBUTIONS AT THE SAME RATES APPLICABLE TO
AGENCIES OF THE FEDERAL GOVERNMENT UNDER THE PROVISIONS REFERRED TO IN
THIS SUBSECTION.
"(G) THE CORPORATION AND ITS OFFICERS AND EMPLOYEES SHALL BE SUBJECT
TO THE PROVISIONS OF SECTION 552 OF TITLE 5, UNITED STATES CODE //81
STAT. 54.// (RELATING TO FREEDOM OF INFORMATION).
"SEC. 1006. (A) TO THE EXTENT CONSISTENT WITH THE PROVISIONS OF THIS
TITLE, THE CORPORATION SHALL EXERCISE THE POWERS CONFERRED UPON A
NONPROFIT CORPORATION BY THE DISTRICT OF COLUMBIA NONPROFIT CORPORATION
ACT (EXCEPT FOR SECTION 1005(O) OF TITLE 29 OF THE DISTRICT OF COLUMBIA
CODE). //76 STAT. 265, D.C. CODE 29 - 1001.// IN ADDITION, THE
CORPORATION IS AUTHORIZED--
"(1)(A) TO PROVIDE FINANCIAL ASSISTANCE TO ELIGIBLE CLIENTS, AND TO
MAKE GRANTS TO AND CONTRACTS WITH--,
"(I) INDIVIDUALS, PARTNERSHIPS, FIRMS, CORPORATIONS, AND
NONPROFIT ORGANIZATIONS, AND
"(II) STATES AND LOCAL GOVERNMENT (ONLY UPON APPLICATION BY AN
APPROPRIATE STATE OR LOCAL AGENCY OR INSTITUTION AND UPON A
SPECIAL DETERMINATION BY THE BOARD THAT THE ARRANGEMENTS TO BE
MADE BY SUCH AGENCY OR INSTITUTION WILL PROVIDE SERVICES WHICH
WILL NOT BE PROVIDED ADEQUATELY THROUGH NON-GOVERNMENTAL
ARRANGEMENTS),
FOR THE PURPOSE OF PROVIDING LEGAL ASSISTANCE TO ELIGIBLE CLIENTS UNDER
THIS TITLE, AND (B) TO MAKE SUCH OTHER GRANTS AND CONTRACTS AS ARE
NECESSARY TO CARRY OUT THE PURPOSES AND PROVISIONS OF THIS TITLE;
"(2) TO ACCEPT IN THE NAME OF THE CORPORATION, AND EMPLOY OR DISPOSE
OF IN FURTHERANCE OF THE PURPOSES OF THIS TITLE, ANY MONEY OR PROPERTY,
REAL, PERSONAL, OR MIXED, TRANGIBLE OR INTANGIBLE, RECEIVED BY GIFT,
DEVISE, BEQUEST, OR OTHERWISE; AND
"(3) TO UNDERTAKE DIRECTLY AND NOT BY GRANT OR CONTRACT, THE
FOLLOWING ACTIVITIES RELATING TO THE DELIVERY OF LEGAL ASSISTANCE--
"(A) RESEARCH,
"(B) TRAINING AND TECHNICAL ASSISTANCE, AND
"(C) TO SERVE AS A CLEARINGHOUSE FOR INFORMATION.
"(B)(1) THE CORPORATION SHALL HAVE AUTHORITY TO INSURE THE COMPLIANCE
OF RECIPIENTS AND THEIR EMPLOYEES WITH THE PROVISIONS OF THIS TITLE AND
THE RULES, REGULATIONS, AND GUIDELINES PROMULGATED PURSUANT TO THIS
TITLE, AND TO TERMINATE, AFTER A HEARING IN ACCORDANCE WITH SECTION
1011, FINANCIAL SUPPORT TOG A RECIPIENT WHICH FAILS TO COMPLY.
"(2) IF A RECIPEIENT FINDS THAT ANY OF ITS EMPLOYEES HAS VIOALTED OR
CAUSED THE RECIPIENT TO VIOLATE THE PROVISIONS OF THIS TITLE OR THE
RULES, REGULATION, AND GUIDELINES PROMULGATED PURSUANT TO THIS TITLE,
THE RECIPIENT SHALL TAKE APPROPRIATE REMEDIAL OR DISCIPLINARY ACTION IN
ACCORDANCE WITH THE TYPES OF PROCEDURES PRESCRIBED IN THE PROVISIONS OF
SECTION 1011.
"(3) THE CORPORATION SHALL NOT, UNDER ANY PROVISION OF THIS TITLE,
INTERFERE WITH ANY ATTORNEY IN CARRYING OUT HIS PROFESSIONAL
RESPONSIBILITIES TO HIS CLIENT AS ESTABLISHED IN THE CANONS OF ETHICS
AND THE CODE OF PROFESSIONAL RESPONSIBILITY OF THE AMERCIAN BAR
ASSOCIATION (REFERRED TO COLLECTIVELY IN THIS TITLE AS 'PROFESSIONAL
RESPONSIBILTIES') OR ABROGATE AS TO ATTORNEYS IN PROGRAMS ASSISTED UNDER
THIS TITLE THE AUTHORITY OF A STATE OR OTHER JURISDICTION TO ENFORCE THE
STANDARDS OF PROFESSIONAL RESPONSIBILITY GENERALLY APPLICABLE TO
ATTORNEYS IN SUCH JURISDICTION. THE CORPORATION SHALL ENSURE THAT
ACTVITIES UNDER THIS TITLE ARE CARRIED OUT IN A MANNER CONSISTENT WITH
ATTORNEYS' PROFESSIONAL RESPONSIBILITIES.
"(4) NO ATTORNEY SHALL RECEIVE ANY COMPENSATION, EITHER DIRECTLY OR
INDIRECTLY, FOR THE PROVISION OF LEGAL ASSISTANCE UNDER THIS TITLE
UNLESS SUCH ATTORNEY IS ADMITTED OR OTHERWISE AUTHORIZED BY LAW, RULE,
OR REGUALTION TO PRACTICE LAW OR PROVIDE SUCH ASSISTANCE IN THE
JURISDICTION WHERE SUCH ASSISTANCE IS INITIATED.
"(5) THE CORPORATION SHALL INSURE THAT (A) NO EMPLOYEE OF THE
CORPORATION OR OF ANY RECIPIENT (EXCEPT AS PERMITTED BY LAW IN
CONNECTION WITH SUCH EMPLOYEE'S OWN EMPLOYMENT SITUATION), WHILE
CARRYING OUT LEGAL ASSISTANCE ACTIVITIES UNDER THIS TITLE, ENGAGE IN, OR
ENCOURAGE OTHERS TO ENGAGE IN, ANY PUBLIC DEMONSTRATION OR PICKETING,
BOYCOTT, OR STRIKE; AND (B) NO SUCH EMPLOYEE SHALL, AT ANY TIME, ENGAGE
IN, OR ENCOURAGE OTHERS TO ENGAGE IN, ANY OF THE FOLLOWING ACTIVITIES:
(I) ANY RIOTING OR CIVIL DISTRUBANCE, (II) ANY ACTIVITY WHICH IS IN
VIOLATION OF AN OUTSTANDING INJUNCTION OF ANY COURT OF COMPETENT
JURISDICTION, (III) ANY OTHER ILLEGAL ACTIVITY, OR (IV) ANY INTENTIONAL
IDENTIFICATION OF THE CORPORATION OR ANY RECIPIENT WITH ANY POLITICAL
ACTIVIITY PROHIBITED BY SECTION 1007(A)(6). THE BOARD, WITHIN NINETY
DAYS AFTER ITS FIRST MEETING, SHALL ISSUE RULES AND REGULATIONS TO
PROVIDE FOR THE ENFORCEMENT OF THIS PARAGRAPH AND SECTION 1007(A)(5),
WHICH RULES SHALL INCLUDE, AMONG AVAILABLE REMEDIES, PROVISIONS, IN
ACCORDANCE WITH THE TYPES OF PROCEDURES PRESCRIBED IN THE PROVISIONS OF
SECTION 1011, FOR SUSPENSION OF LEGAL ASSISTANCE SUPPORTED UNDER THIS
TITLE, SUSPENSION OF AN EMPLOYEE OF THE COORPORATION OR OF ANY EMPLOYEE
OF ANY RECIPIENT BY SUCH RECIPIENT, AND, AFTER CONSIDERATION OF OTHER
REMEDIAL MEASURES AND AFTER A HEARING IN ACCORDANCE WITH SECTION 1011,
THE TERMINATION OF SUCH ASSISTANCE OR EMPLOYMENT, AS DEEMED APPROPRIATE
FOR THE VIOALTION IN QUESTION.
"(6) IN AREAS WHERE SIGNIFICANT NUMBERS OF ELIGIBLE CLIENTS SPEAK A
LANGUAGE OTHER THAN ENGLISH AS THEIR PRINCIPAL LANGUAGE, THE CORPORATION
SHALL, TO THE ENTENT FEASIBLE, PROVIDED THAT THEIR PRICIIPAL LANGUAGE IS
USED IN THE PROVISION OF LEGAL ASSISTANCE TO SUCH CLIENTS UNDER THIS
TITLE.
"(C) THE CORPORATION SHALL NOT ITSELF--,
"(1) PARTICIPATE IN LITIGATION ON BEHALF OF CLIENTS OTHER
THAN
THE CORPORATION; OR
"(2) UNDERTAKE TO INFLUENCE THE PASSAGE OR DEFEAT OF ANY
LEGISLATION BY THE CONGRESS OF THE UNITED STATES OR BY ANY STATE OR
LOCAL LEGISLATIVE BODIES, EXCEPT THAT PERSONNEL OF THE CORPORATION MAY
TESTIFY OR MAKE OTHER APPROPRIATE COMMUNICATION (A) WHEN FORMALLY
REQUESTED TO DO SO BY A LEGISLATIVE BODY, A COMMITTEE, OR A MEMBER
THEREOF, OR (B) IN CONNECTION WITH LEGISLATION OR APPROPRIATIONS
DIRECTLY AFFECTIN THE ACTIVITIES OF THE CORPORATION.
"(D)(1) THE COORPORATION SHALL HAVE NO POWER TO ISSUE ANY SHARES OF
STOCK, OR TO DECLARE OR PAY ANY DIVIDENDS.
"(2) NO PART OF THE INCOME OR ASSETS OF THE CORPORATION SHALL INURE
TO THE BENEFIT OF ANY DIRECTOR, OFFICER, OR EMPLOYEES, EXCEPT AS
REASONABLE COMPENSATION FOR SERVICES OR REIMBURSEMENT FOR EXPENSES.
"(3) NEITHER THE CORPORATION NOR ANY RECIPIENT SHALL CONTRIBUTE OR
MAKE AVAILABLE CORPORATE FUNDS OR PROGRAM PERSONNEL OR EQUIPMENT TO ANY
POLITICAL PARTY OR ASSOCIATION, OR THE CAMPAIGN OF ANY CANDIDATE FOR
PUBLIC OR PARTY OFFICE.
"(4) NEITHER THE CORPORATION NOR ANY RECIPIENT SHALL CONTRIBUTE OR
MAKE AVAILABLE CORPORATE FUNDS OR PROGRAM PERSONNEL OR EQUIPMENT FOR USE
IN ADVOCATING OR OPPOSING ANY BALLOT MEASURES, INITIATIVES, OR
REFERENDUMS. HOWEVER, AN ATTORNEY MAY PROVIDE LEGAL ADVICE AND
REPRESNETATION AS AN ATTORNEY TO ANY ELIGIBLE CLIENT WITH RESPECT TO
SUCH CLIENT'S LEGAL RIGHTS.
"(5) NO CLASS ACTION SUIT, CLASS ACTION APPEAL, OR AMICUS CURIAE
CLASS ACTION MAY BE UNDERTAKEN, DIRECTLY OR THROUGH OTHERS, BY A STAFF
ATTORNEY, EXCEPT WITH THE EXPRESS APPROVAL OF A PROJECT DIRECTOR OF A
RECIPIENT IN ACCORDANCE WITH POLICIES ESTABLISHED BY THE GOVERNING BODY
OF SUCH RECIPIENT.
"(E)(1) EMPLOYEES OF THE CORPORATION OR OF RECIPIENTS SHALL NOT AT
ANY TIME INTENTIONALLY IDENTIFY THE CORPORATION OR THE RECIPIENT WITH
ANY PARTISAN OR NONPARTISAN POLITICAL ACTIVITY ASSOCIATED WITH A
POLITICAL PARTY OR ASSOCIATION, OR THE CAMPAIGN OF ANY CANDIDATE FOR
PUBLIC OR PARTY OFFICE.
"(2) EMPLOYEES OF THE CORPORATION SHALL BE DEEMED TO BE STATE OR
LOCAL EMPLOYEES FOR PURPOSES OF CHAPTER 15 OF TITLE 5, UNTIED STATES
CODE. /80 STAT. 403, 5 USC 1501.//
"(F) IF AN ACTION IS COMMENCED BY THE CORPORATION OR A RECIPIENT AND
A FINAL ORDER IS ENTERED IN FAVOR OF THE DEFENDANT AND AGAINST THE
CORPORATION OR A RECIPIENT'S PLAINTIFF, THE COURT MAY, UPON MOTION BY
THE DEFENDANT AND UPON A FINDING BY THE COURT THAT THE ACTION WAS
COMMENCED OR PURSUED FOR THE SOLE PURPOSE OF HARASSMENT OF THE DEFENDANT
OR THAT THE CORPORATION OR A RECIPIENT'S PLAINTIFF MALICIOUSLY ABUSED
LEGAL PROCESS, ENTER AN ORDER (WHICH SHALL BE APPEALABLE BEFORE BEING
MADE FINAL) AWARDING REASONABLE COSTS AND LEGAL FEES INCURRED BY THE
DEFENDANT IN DEFENSE OF THE ACTION, EXCEPT WHEN IN CONTRAVENTION OF A
STATE LAW, A RULE OF COURT, OR A STATUTE OF GENERAL APPLICABILITY. ANY
SUCH COSTS AND FEES SHALL BE DIRECTLY PAID BY THE CORPORATION.
"SEC. 1007. (A) WITH RESPECT TO GRANTS OR CONTRACT IN CONNECTION
WITH THE PROVISIONS OF LEGAL ASSISTANCE TO ELIGIBLE CLIENTS UNDER THIS
TITLE, THE CORPORATION SHALL--
"(1) INSURE THE MAINTENANCE OF THE HIGHEST QUALITY OF SERVICE
AND PROFESSIONAL STANDARDS, THE PRESERVATION OF ATTORNEY-CLIENT
RELATIONSHIPS, AND THE PROTECTION OF THE INTEGRITY OF THE
ADVERSARY PROCESS FROM ANY IMPAIRMENT IN FURNISHING LEGAL
ASSISTANCE TO ELIGIBLE CLIENTS;
(2)(A) ESTABLISH, IN CONSULTATION WITH THE DIRECTOR OF THE
OFFICE OF MANAGEMENT AND BUDGET AND WITH THE GOVERNORS OF THE
SEVERAL STATES, MAXIMUM INCOME LEVELS (TAKING INTO ACCOUNT FAMILY
SIZE, URBAN AND RURAL DIFFERENCES, AND SUBSTANTIAL COST-OF-LIVING
VARIATIONS) FOR INDIVIDUALS ELIGIBLE FOR LEGAL ASSISTANCE UNDER
THIS TITLE;
"(B) ESTABLISH GUIDELINES TO INSURE THAT ELIGIBILITY OF CLIENTS
WILL BE DETERMINED BY RECIPIENTS ON THE BASIS OF FACTORS WHICH
INCLUDE--,
"(I) THE LIQUID ASSETS AND INCOME LEVEL OF THE CLIENTT,
"(II) THE FIXED DEBTS, MEDICAL EXPENSES, AND OTHER FACTORS
WHICH AFFECT THE CLIENT'S ABILITY TO PAY
"(III) THE COST OF LIVING IN THE LOCALITY, AND
"(IV) SUCH OTHER FACTORS AS RELATE TO FINANCIAL INABILITY TO
AFFORD LEGAL ASSISTANCE, WHICH SHALL INCLUDE EVIDENCE OF A PRIOR
DETERMINATION, WHICH SHALL BE A DISQUALIFYING FACTOR, THAT SUCH
INDIVIDUAL'S LACK OF INCOME RESULTS FROM REFUSAL OR UNWILLINGNESS,
WITHOUT CAUSE, TO SEEK OR ACCEPT AN EMPLOYMENT SITUATION; AND
"(C) ESTABLISH PRIORITIES TO INSURE THAT PERSONS LEAST ABLE
TO
AFFORD LEGAL ASSISTANCE ARE GIVEN PREFERENCE IN THE FURNISHING
OF SUCH ASSISTANCE;
"(3) INSURE THAT GRANTS AND CONTRACTS ARE MADE SO AS TO PROVIDE
THE MOST ECONOMICAL AND EFFECTIVE DELIVERY OF LEGAL ASSISTANCE TO
PERSON IN BOTH URBAN AND RURAL AREAS;
"(4) INSURE THAT ATTORNEYS EMPLOYED FULL TIME IN LEGAL
ASSISTANCE ACTIVITIES SUPPORTED IN MAJOR PART BY CORPORATION
REFRAIN FROM (A) ANY COMPENSATED OUTSIDE PRACTICE OF LAW, AND (B)
ANY UNCOMPENSATED OUTSIDE PRACTICE OF LAW EXCEPT AS AUTHORIZED IN
GUIDELINES PROMULGATED BY THE CORPORATION;
"(5) INSURE THAT NO FUNDS MADE AVAILABLE TO RECIPIENTS BY THE
CORPORATION SHALL BE USED AT ANY TIME, DIRECTLY OR INDIRECTLY, TO
INFLUENCE THE ISSUANCE, AMENDMENT, OR REVOCATION OF ANY EXECUTIVE
ORDER OR SIMILAR PROMULGATION BY ANY FEDERAL, STATE, OR LOCAL
AGENCY, OR TO UNDERTAKE TO INFLUENCE THE PASSAGE OR DEFEAT OF ANY
LEGISLATION BY THE CONGRESS OF THE UNITED STATES, OR BY ANY STATE
OR LOCAL LEGISLATIVE BODIES, EXCEPT WHERE--,
"(A) REPRESENTATION BY AN ATTORNEY AS AS AN ATTORNEY FOR ANY
ELIGIBLE CLIENT IS NECESSARY TO THE PROVISION OF LEGAL ADVICE AND
REPRESENTATION WITH RESPECT TO SUCH CLIENT'S LEGAL RIGHTS AND
RESPONSIBILITIES (WHICH SHALL NOT BE CONSTRUED TO PERMIT A
RECIPIENT OR ATTORNEY TO SOLICT A CLIENT FOR THE PURPOSE OF MAKING
SUCH REPRENTATION POSSIBLE, OR TO SOLICT A GROUP WITH RESPECT TO
MATTERS OF GENERAL CONCERN TO A BROAD CLASS OF PERSONS AS
DISTINQUISHED FROM ACTING ON BEHALF OF ANY PARTICULAR CLIENT); OR
"(B) A GOVERNMENT AGENCY, A LEGISLATIVE BODY, A COMMITTEE, OR A
MEMBER THEREOF REQUESTS PERSONNEL OF ANY RECIPIENT TO MAKE
THERETO;
"(6) INSURE THAT ALL ATTORNEYS ENGAGED IN LEGAL ASSISTANCE
ACTIVITIES SUPPORTED IN WHOLE OR IN PART BY THE CORPORATION
REFRAIN, WHILE SO ENGAGED, FROM--
"(A) ANY POLITICAL ACTIVITY, OR
"(B) ANY ACTIVITY TO PROVIDE VOTERS OR PROSPECTIVE VOTERS WITH
TRANSPORTATION TO THE POLLS OR PROVIDE SIMILAR ASSISTANCE IN
CONNECTION WITH AN ELECTION (OTHER THAN LEGAL ADVICE AND
REPRESENTATION), OR
"(C) ANY VOTER REGISTRATION ACTIVITY (OTHER THAN LEGAL ADVICE
AND REPRESENTATION); AND INSURE THAT STAFF ATTORNEYS REFRAIN AT
ANY TIME DURING THE PERIOD FOR WHICH THEY RECEIVE COMPENSATION
UNDER THIS TITLE FROM THE ACTIVITIES DESCRIBED IN CLUASES (B) AND
(C) OF THIS PARAGRAPH AND FROM POLITICAL ACTIVITIES OF THE TYPE
PROHIBITED BY SECTION 1502(A) OF TITLE 5, UNITED STATES CODE, //80
STAT. 404.// WHETHER PARTISAN OR NONPARTISAN;
"(7) REQUIRE RECIPIENTS TO ESTABLISH GUIDELINES, CONSISTENT
WITH REGULATIONS PROMULGATED BY THE CORPORATION, FOR A SYSTEM FOR
REVIEW OF APPEALS TO INSURE THE EFFICIENT UTILIZATION OF RESOURCES
AND TO AVOID FRIVOLOUS APPEALS (EXCEPT THAT SUCH GUIDELINES OR
REGULATIONS SHALL IN NO WAY INTERFERE WITH ATTORNEYS' PROFESSIONAL
RESPONSIBILITIES);
"(8) INSURE THAT RECIPIENTS SOLICIT THE RECOMMENDATIONS OF THE
ORGANIZED BAR IN THE COMMUNITY BEING SERVED BEFORE FILING STAFF
ATTORNEY POSITIONS IN ANY PROJECT FUNDED PURSUANT TO THIS TITLE
AND GIVE PREFERENCE IN FILLING SUCH POSITIONS TO QUALIFIED PERSONS
WHO RESIDE IN THE COMMUNITY TO BE SERVED;
"(9) INSURE THAT EVERY GRANTEE, CONTRACTOR, OR PERSON OR ENTITY
RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE OR PREDECESSOR
AUTHORITY UNDER THIS ACT WHICH FILES WITH THE CORPORATION A TIMELY
APPLICATION FOR REFUNDING IS PROVIDED INTERIM FUNDING NECESSARY TO
MAINTAIN ITS CURRENT LEVEL OF ACTIVITIES UNTIL (A) THE APPLICATION
FOR REFUNDING HAS BEEN APPROVED AND FUNDS PURSUANT THERETO
RECEIVED, OR (B) THE APPLICATION FOR REFUNDING HAS BEEN FINALLY
DENIED IN ACCORDANCE WITH SECTION 1011 OF THIS ACT; AND
"(10) INSURE THAT ALL ATTORNEYS, WHILE ENGAGED IN LEGAL
ASSISTANCE ACTIVITIES SUPPORTED IN WHOLE OR IN PART BY THE
CORPORATION, REFRAIN FROM THE PERSISTENT INCITEMENT OF LITIGATION
AND ANY OTHER ACTIVITITY PROHIBITED BY THE CANONS OF ETHICS AND
CODE OF PROFESSIONAL RESPONSIBILITY OF THE AMERICAN BAR
ASSOCIATION, AND INSURE THAT SUCH ATTORNEYS REFRAIN FROM PERSONAL
REPRESENTATION FOR A PRIVATE FEE IN ANY CASES IN WHICH THEY WERE
INVOLVED WHILE ENGAGED IN SUCH LEGAL ASSISTANCE ACTIVITIES.
"(B) NO FUNDS MADE AVAILABLE BY THE CORPORATION UNDER THIS TITLE,
EITHER BY GRANT OR CONTRACT, MAY BE USED--,
"(1) TO PROVIDE LEGAL ASSISTANCE WITH RESPECT TO ANY
FEE-GENERATING CASE (EXCEPT IN ACCORDANCE WITH GUIDELINES
PROMULGATED BY THE CORPORATION), TO PROVIDE LEGAL ASSISTANCE WITH
RESPECT TO ANY CRIMINAL PROCEEDING, OR TO PROVIDE LEGAL ASSISTANCE
IN CIVIL ACTIONS TO PERSON WHO HAVE BEEN CONVICTED OF A CRIMINAL
CHARGE WHERE THE CIVIL ACTION ARISES OUT OF ALLEGED ACTS OR
FAILURES TO ACT AND THE ACTION IS BROUGHT AGAINST AN OFFICER OF
THE COURT OR AGAINST A LAW ENFORCEMENT OFFICIAL FOR THE PURPOSE OF
CHALLENGING THE VALIDITY OF THE CRIMINAL CONVICTION;
"(2) FOR ANY OF THE POLITICAL ACTIVITIES PROHIBITIED IN
PARAGRAPH (6) OF SUBSECTION (A) OF THIS SECTION;
"(3) TO MAKE GRANTS TO OR ENTER INTO CONTRACTS WITH ANY PRIVATE
LAW FIRM WHICH EXPENDS 50 PERCENT OR MORE OF ITS RESOURCES AND
TIME LITIGATING ISSUES IN THE BROAD INTERESTS OF A MAJORITY OF THE
PUBLIC;
"(4) TO PROVIDE LEGAL ASSISTANCE UNDER THIS TITLE TO ANY
UNEMANCIPATED PERSON FO LESS THAN EIGHTEEN YEARS FO AGE, EXCEPT
(A) WITH THE WRITTEN REQUEST OF ONE OF SUCH PERSON'S PARENTS OR
GUARDIANS, (B) UPON THE REQUEST OF A COURT OF COMPETENT
JURISDICTION, (C) IN CHILD ABUSE CASES, CURTODY PROCEEDINGS,
PERSONS IN NEED OF SUPERVISION (PINS) PROCEEDINGS, OR CASES
INVOLVING THE I INITIATION, CONTINUATION, OR CONDITIONS OF
INSTITUTIONALIZATION, OR (D) WHERE NECESSARY FOR THE PROTECTION OF
SUCH PERSON FOR THE PURPOSE OF SECURING, OR PREVENTING THE LOSS
OF, BENEIFTS, OR SECURING, OR PREVENTING THE LOSS OR IMPOSITION
OF, SERVICES UNDER LAW IN CASES NOT INVOLVING THE CHILD'S PARENT
OR GUARDIAN AS A DEFENDANT OR RESPONDENT;
"(5) TO SUPPORT OR CONDUCT TRAINING PROGRAMS FOR THE PURPOSE OF
ADVOCATING PARTICULAR PUBLIC POLICIES OR ENCOURAGING POLITICAL
ACTIVITIES, LABOR OR ANTILABOR ACTIVITIES, BOYCOTTS, PICKETING,
STRIKES, AND DEMONSTRATIONS, AS DISTINGUSIHED FROM THE
DISSEMINATION OF INFORMATION ABOUT SUCH POLICIES OR ACTIVITES,
EXCEPT THAT THIS PROVISION SHALL NOT BE CONSTRUED TO PROHIBIT THE
TRAINING OF ATTORNEYS OR PARALEGAL PERSONNEL NECESSARY TO PREPARE
THEM TO PROVIDE ADEQUATE LEGAL ASSISTANCE TO ELIGIBLE CLIENTS;
"(6) TO ORGANIZE, TO ASSIST TO ORGAINIZE, OR TO ENCOURAGE TO
ORGANIZE, OR TO PLAN FOR THE CREATION OR FORMATION OF, OR THE
STRUCTURING OF, ANY ORGANIZATION, ASSOCIATION, COALITION,
ALLIANCE, FEDERATION, CONFEDERATION, OR ANY SIMILAR ENTITY, EXCEPT
FOR THE PROVISION OF LEGAL ASSISTANCE TO ELIGIBLE CLIENTS IN
ACCORDANCE WITH GUIDELINES PROMULGATED BY THE CORPORATION;
"(7) TO PROVIDE LEGAL ASSISTANCE WITH RESPECT TO ANY PROCEEDING
OR LITIGATION RELATING TO THE DESEGRGATION OF ANY ELEMENTARY OR
SECONDARY SCHOOL OR SCHOOL SYSTEM;
"(8) TO PROVIDE LEGAL ASSISTANCE WITH RESPECT TO ANY PROCEEDING
OR LITIGATION WHICH SEEKS TO PROCURE A NONTHERAPEUTIC ABORTION, OR
TO COMPEL ANY INDIVIDUAL OR INSTITUTION TO PERFORM AN ABORTION, OR
ASSIST IN THE PERFORMANCE OF AN ABORTION, OR PROVIDE FACILITIES
FOR THE PERFORMANCE OF AN ABORTION, CONTRARY TO THE RELIGIOUS
BELIEFS OR MORAL CONVICTIONS OF SUCH INDIVIDUAL OR INSTITUTION;
OR
"(9) TO PROVE LEGAL ASSISTANCE WITH RESPECT TO ANY PROCEEDING
OR LITIGATION ARISING OUT OF A VIOLATION OF THE MILITARY SELECTIVE
SERVICE ACT /62 STAT. 604, 50 USC APP. 451.// OR OF DESERTION FROM
THE ARMED FORCES OF THE UNITED STATES.
"(C) IN MAKING GRANTS OR ENTERING INTO CONTRACTS FOR LEGAL
ASSISTANCE, THE CORPORATION SHALL INSURE THAT ANY RECIPIENT ORGANIZED
SOLELY FOR THE PURPOSE OF PROVIDING LEGAL ASSISTANCE TO ELIBIBLE CLIENTS
IS GOVERNED BY A BODY AT LEAST 60 PERCENT OF WHICH CONSISTS OF ATTORNEYS
WHO ARE MEMBERS OF THE BAR OF A STATE IN WHICH THE LEGAL ASSISTANCE IS
TO BE PROVIDED (EXCEPT THAT THE CORPORATION (1) SHALL, UPON APPLICATION,
GRANT WAIVERS TO PERMIT A LEGAL SERVICES PROGRAM, SUPPORTED UNDER
SECTION 222(A)(3) OF THE ECONOMIC OPPORTUNITY ACT OF 1964, //POST, P.
390.// WHICH ON THE DATE OF ENACTMENT OF THIS TITLE HAS A MAJORITY OF
PERSONS WHO ARE NOT ATTORNEYS ON ITS POLICY-MAKING BOARD TO CONTINUE
SUCH A NON-ATTORNEY MAJORITY UNDER THE PROVISIONS OF THIS TITLE, AND (2)
MAY GRANT, PURSUANT TO REGULATIONS ISSUED BY THE CORPORATION, SUCH A
WAIVER FOR RECIPIENTS WHICH, BECAUSE OF THE NATURE OF THE POPULATION
THEY SERVE, ARE UNABLE TO COMPLY WITH SUCH REQUIREMENT) AND WHICH
INCLUDE AT LEAST ONE INDIVIDUAL ELIGIBLE TO RECEIVE LEGAL ASSISTANCE
UNDER THIS TITLE. ANY SUCH ATTORNEY, WHILE SERVING ON SUCH BOARD, SHALL
NOT RECEIVE COMPENSATION FROM A RECIPEIENT.
"(D) THE CORPORATION SHALL MONITOR AND EVALUATE AND PROVIDE FOR
INDEPENDENT EVALUATIONS OF PROGRAMS SUPPORTED IN WHOLE OR IN PART UNDER
THIS TITLE TO INSURE THAT THE PROVISIONS OF THIS TITLE AND THE BYLAWS OF
THE CORPORATION AND APPLICABLE RULES, REGUALTIONS, AND GUIDELINES
PROMULGATED PURSUANT TO THIS TITLE ARE CARRIED OUT.
"(E) THE PRESIDENT OF THE CORPORATION IS AUTHORIZED TO MAKE GRANTS
AND ENTER INTO CONTRACTS UNDER THIS TITLE.
"(F) AT LEAST THIRTY DAYS PRIOR TO THE APPROVAL OF ANY GRANT
APPLICATION OR PRIOR TO ENTERING INTO A CONTRACT OR PRIOR TO THE
INITIATION OF ANY OTHER PROJECT, THE CORPORATION SHALL ANNOUNCE
PUBLICLY, AND SHALL NOTIFY THE GOVERNOR AND THE STATE BAR ASSOCIATION OF
ANY STATE WHERE LEGAL ASSISTANCE WILL THEREBY BE INITATED, OF SUCH
GRANT, CONTRACT, OR PROJECT. NOTIFICATION SHALL INCLUDE A REASONABLE
DESCRIPTION OF THE GRANT APPLICATION OR PROPOSED CONTRACT OR PROJECT AND
REQUEST COMMENTS AND RECOMMENDATIONS.
"(G) THE CORPORATION SHALL PROVIDE FOR COMPREHENSICE, INDEPENDENT
STUDY OF THE EXISTING STAFF-ATTORNEY PROGRAM UNDER THIS ACT AND, THROUGH
THE USE OF APPROPRIATE DEMONSTRATION PROJECTS, OF ALTERNATIVE AND
SUPPLEMENTAL METHODS OF DELIVERY OF LEGAL SERVICES TO ELIGIBLE CLIENTS,
INCLUDING JUDICARE, VOUCHERS, PREPAID LEGAL INSURANCE, AND CONTRACTS
WITH LAW FIRMS; AND, BASED UPON THE RESULTS OF SUCH STUDY, SHALL MAKE
RECOMMENDATIONS TO THE PRESIDENT AND THE CONGRESS, NOT LATER THAN TWO
YEARS AFTER THE FIRST MEETING OF THE BOARD, CONCERNING IMPROVEMENTS,
CHANGES, OR ALTERNATIVE METHODS FOR THE ECONOMICAL AND EFFECTIVE
DELIVERY OF SUCH SERVICES.
"SEC. 1008. (A) THE CORPORATION IS AUTHORIZED TO REQUIRE SUCH REPORTS
AS IT DEEMS NECESSARY FROM ANY GRANTEE, CONTRACTOR, OR PERSON OR ENTITY
RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE REGARDING ACTIVITIES
CARRIED OUT PURSUANT TO THIS TITLE.
"(B) THE CORPORATION IS AUTHORIZED TO PRESCRIBE THE KEEPING OF
RECORDS WITH RESPECT TO FUNDS PROVIDED BY GRANT OR CONTRACT AND SHALL
HAVE ACCESS TO SUCH RECORDS AT ALL REASONABLE TIMES FOR THE PURPOSE OF
INSURING COMPLIANCE WITH THE GRANT OR CONTRACT OR THE TERMS AND
CONDITIONS UPON WHICH FINANCIAL ASSISTANCE WAS PROVIDED.
"(C) THE CORPORATION SHALL PUBLISH AN ANNUAL REPORT WHICH SHALL BE
FILED BY THE CORPORATION WITH THE PRESIDENT AND THE CONGRESS.
"(D) COPIES OF ALL REPORTS PERTINENT TO THE EVAULATION, INSPECTION,
OR MONITORING OF ANY GRANTEE, CONTRACTOR, OR PERSON OR ENTITY RECEIVING
FINANCIAL ASSISTANCE UNDER THIS TITLE SHALL BE SUBMITTED ON A TIMELY
BASIS TO SUCH GRANTEE, CONTRACTOR, OR PERSON OR ENTITY, AND SHALL BE
MAINTAINED IN THE PRINCIPAL OFFICE OF THE CORPORATION FOR A PERIOD OF AT
LEAST FIVE YEARS SUBSEQUENT TO SUCH EVAULATION, INSPECTION OR
MONITORING. SUCH REPORTS SHALL BE AVAILABLE FOR PUBLIC INSPECTION
DURING REGULAR BUSINESS HOURS, AND COPIES SHALL BE FURNISHED, UPON
REQUEST, TO INTERESTED PARTIES UPON PAYMENT OF SUCH REASONABLE FEES AS
THE CORPORATION MAY ESTABLISH.
"(E) THE CORPORATION SHALL AFFORD NOTICE AND REASONABLE OPPORTUNITY
FOR COMMENT TO INTERESTED PARTIES PRIOR TO ISSUING RULES, REGULATIONS,
AND GUIDELINES, AND IT SHALL PUBLISH IN THE FEDERAL REGISTER AT LEAST 30
DAYS PRIOR TO THEIR EFFECTIVE DATE ALL ITS RULES, REGULATIONS,
GUIDELINES, AND INSTRUCTIONS.
"SEC. 1009. (A) (1) THE ACCOUNTS OF THE CORPORATION SHALL BE AUDITED
ANNUALLY. SUCH AUDITS SHALL BE CONDUCTED IN ACCORDANCE WITH GENERALLY
ACCEPTED AUDITING STANDARDS BY INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
WHO ARE CERTIFIED BY A REGULATORY AUTHORITY OF THE JURISDICTION IN WHICH
THE AUDIT IS UNDERTAKEN.
"(2) THE AUDITS SHALL BE CONDUCTED AT THE PLACE OR PLACES WHERE THE
ACCOUNTS OF THE CORPORATION ARE NORMALLY KEPT. ALL BOOKS, ACCOUNTS,
FINANCIAL RECORDS, REPORTS, FILES, AND OTHER PAPERS OR PROPERTY
BELONGING TO OR IN USE BY THE CORPORATION AND NECESSARY TO FACILITATE
THE AUDITS SHALL BE MADE AVAILABLE TO THE PERSON OR PERSONS CONDUCTING
THE AUDITS; AND FULL FACILITIES FOR VERIFYING TRANSACTIONS WITH THE
VALANCES AND SECURITIES HELD BY DEPOSITORIES, FISCAL AGENTS, AND
CUSTODIANS SHALL BE AFFORDED TO ANY SUCH PERSON.
"(3) THE REPORT OF THE ANNUAL AUDIT SHALL BE FILED WITH THE GENERAL
ACCOUNTING OFFICE AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION DURING
BUSINESS HOURS AT THE PRINCIPAL OFFICE OF THE CORPORATION.
"(B)(1) IN ADDITION TO THE ANNUAL AUDIT, THE FINANCIAL TRANSACTIONS
OF THE CORPORATION FOR ANY FISCAL YEAR DURING WHICH FEDERAL FUNDS ARE
AVAILABLE TO FINANCE ANY PORTION OF ITS OPERATIONS MAY BE AUDITED BY THE
GENERAL ACCOUNTING OFFICE IN ACCORDANCE WITH SUCH RULES AND REGULATIONS
AS MAY BE PRESCRIBED BY THE COMPTROLLER GENERAL OF THE UNITED STATES.
"(2) ANY SUCH AUDIT SHALL BE CONDUCTED AT THE PLACE OR PLACES WHERE
ACCOUNTS OF THE CORPORATION ARE NORMALLY KEPT. THE REPRESENTATIVES OF
THE GENERAL ACCOUNTING OFFICE SHALL HAVE ACCESS TO ALL BOOKS, ACCOUNTS,
FINANCIAL RECORDS, REPORTS, FILES, AND OTHER PAPERS OR PROPERTY
BELONGING TO OR IN USE BY THE CORPORATION AND NECESSARY TO FACILITATE
THE AUDIT; AND FULL FACILITIES FOR VERIFYING TRANSACTIONS WITH THE
BALANCES AND SECURITIES HELD BY DEPOSITORIES, FISCAL AGENTS, AND
CUSTODIANS SHALL BE AFFORDED TO SUCH REPRESENTATIVES. ALL SUCH BOOKS,
ACCOUNTS, FINANCIAL RECORDS, REPORTS, FILES, AND OTHER PAPERS OR
PROPERTY OF THE CORPORATION SHALL REMAIN IN THE POSSESSION AND CUSTODY
OF THE CORPORATION.
"(3) A REPORT OF SUCH AUDIT SHALL BE MADE BY THE COMPTROLLER GENERAL
TO THE CONGRESS AND TO THE PRESIDENT, TOGETHER WITH SUCH RECOMMENDATIONS
WITH RESPECT THERETO AS HE SHALL DEEM ADVISABLE.
"(C)(1) THE CORPORATION SHALL CONDUCT, OR REQUIRE EACH GUANTEE,
CONTRACTOR, OR PERSON OR ENTITY RECEIVING FINANCIAL ASSISTANCE UNDER
THIS TITLE TO PROVIDE FOR, AN ANNUAL FINANCIAL AUDIT. THE REPORT OF
EACH SUCH AUDIT SHALL BE MAINTAINED FOR A PERIOD OF AT LEAST FIVE YEARS
AT THE PRINCIPAL OFFICE OF THE CORPORATION.
"(2) THE CORPORATION SHALL SUBMIT TO THE COMPTROLLER GENERAL OF THE
UNITED STATES COPIES OF SUCH REPORTS, AND THE COMPTROLLER GENERAL MAY,
IN ADDITION, INSPECT THE BOOKS, ACCOUNTS, FINANCIAL RECORDS, FILES, AND
OTHER PAPERS OR PROPERTY BELONGING TO OR IN USE BY SUCH GRANTEE,
CONTRACTOR, OR PERSON OR ENTITY, WHICH RELATE TO THE DISPOSITION OR USE
OF FUNDS RECEIVED FROM THE CORPORATION. SUCH AUDIT REPORTS SHALL BE
AVAILABLE FOR PUBLIC INSPECTION, DURING REGULAR BUSINESS HOURS, AT THE
PRINCIPAL OFFICE OF THE CORPORATION.
"(D) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR SECTION 1008,
NEITHER THE CORPORATION NOR THE COMPTROLLER GENERAL SHALL HAVE ACCESS TO
ANY REPORTS OR RECORDS SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE.
"SEC. 1010. (A) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE
PURPOSE OF CARRYING OUT THE ACTIVITIES OF THE CORPORATION, $90,000,000
FOR FISCAL YEAR !975, $100,000,000 FOR FISCAL YEAR 1976, AND SUCH SUMS
AS MAY BE NECESSARY FOR FISCAL YEAR !977. THE FIRST APPROPRIATION MAY
BE MADE AVAILABLE TO THE CORPORATION AT ANY TIME AFTER SIX OR MORE
MEMBERS OF THE BOARD HAVE BEEN APPOINTED AND QUALIFIED. APPROPRIATIONS
SHALL BE FOR NOT MORE THAN TWO FISCAL YEARS, AND, IF FOR MORE THAN ONE
YEAR, SHALL BE PAID TO THE CORPORATION IN ANNUAL INSTALLMENTS AT THE
BEGINNING OF EACH FISCAL YEAR IN SUCH AMOUNTS AS MAY BE SPECIFIED IN
APPROPRIATION ACTS.
"(B) FUNDS APPROPRIATED PURSUANT TO THIS SECTION SHALL REMAIN
AVAILABLE UNTIL EXPENDED.
"(C) NON-FEDERAL FUNDS RECEIVED BY THYE CORPORATION, AND FUNDS
RECEIVED BY ANY RECIPIENT FROM A SOURCE OTHER THAN THE CORPORATION,
SHALL BE ACCOUNTED FOR AND REPORTED AS RECEIPTS AND DISBURSEMENTS
SEPARATE AND DISTINCT FROM FEDERAL FUNDS; BUT ANY FUNDS SO RECEIVED FOR
THE PROVISION OF LEGAL ASSISTANC ESHALL NOT BE EXPENDED BY RECIPIENTS
FOR ANY PURPOSE PROHIBITED BY THIS TITLE, EXCEPT THAT THIS PROVISION
SHALL NOT BE CONSTRUED TO PREVENT RECIPIENTS FROM RECEIVING OTHER PUBLIC
FUNDS OR TRIBAL FUNDS (INCLUDING FOUNDATION FUNDS BENEFITING INDIANS OR
INDIAN TRIBES) AND EXPENDING THEM IN ACCORDANCE WITH THE PURPOSES FOR
WHICH THEY ARE PROVIDED, OR TO PREVENT CONTRACTING OR MAKING OTHER
ARRANGEMENTS WITH PRIVATE ATTORNEYS, PRIVATE LAW FIRMS, OR OTHER STATE
OR LOCAL ENTITIES OF ATTORNEYS, OR WITH LEGAL AID SOCIETIES HAVING
SEPARATE PUBLIC DEFENDER PROGRAMS, FOR THE PROVISION OF LEGAL ASSISTANCE
TO ELIGIBLE CLIENTS UNDER THIS TITLE.
"SEC. 1011. THE CORPORATION SHALL PRESCRIBE PROCEDURES TO INSURE
THAT--,
"(1) FINANCIAL ASSISTANCE UNDER THIS TITLE SHALL NOT BE
SUSPENDED UNLESS THE GRANTEE, CONTRACTOR, OR PERSON OR ENTITY
RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE HAS BEEN GIVEN
REASONABLE NOTICE AND OPPORTUNITY TO SHOW CAUSE WHY SUCH ACTION
SHOULD NOT BE TAKEN; AND
"(2) FINANCIAL ASSISTANCE UNDER THIS TITLE SHALL NOT BE
TERMINATED, AN APPLICATION FOR REFUNDING SHALL NOT BE DENIED, AND
A SUSPENSION OF FINANCIAL ASSISTANT SHALL NOT BE CONTINUED FOR
LONGER THAN THIRTY DAYS, UNLESS THE GRANTEE, CONTRACTOR, OR PERSON
OR ENTITY RECEIVING FINANCIAL ASSISTANCE UNDER THIS TITLE HAS BEEN
AFFORDED REASONABLE NOTICE AND OPPORTUNITY FOR A TIMELY, FULL, AND
FAIR HEARING.
"SEC. 1012. THE PRESIDENT MAY DIRECT THAT APPROPRIATE SUPPORT
FUNCTIONS OF THE FEDERAL GOVERNMENT MAY BE MADE AVAILABLE TO THE
CORPORATION IN CARRYING OUT ITS ACTIVITIES UNDER THIS TITLE, TO THE
EXTENT NOT INCONSISTENT WITH OTHER APPLICABLE LAW.
"SEC. 1014. THIS TITLE MAY BE CITED AS THE 'LEGAL SERVICES
CORPORATION ACT'.". //42 USC 2996 NOTE.//
SEC. 3. //42 USC 29936B NOTE.// (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, EFFECTIVE NINETY DAYS AFTER THE DATE OF THE FIRST
MEETING OF THE BOARD OF DIRECTORS OF THE LEGAL SERVICES CORPORATION
ESTABLISHED UNDER THE LEGAL SERVICES CORPORATION ACT (TITLE X OF THE
ECONOMIC OPPORTUNITY ACT OF 1964, AS ADDED BY THIS ACT), THE LEGAL
SERVICES CORPORATION SHALL SUCCEED TO ALL RIGHTS OF THE FEDERAL
GOVERNMENT TO CAPITAL EQUIPMENT IN THE POSSESSION OF LEGAL SERVICES
PROGRAMS OR ACTIVITIES ASSISTED PURSUANT TO SECTION 222(A)(3), 230, 232,
OR ANY OTHER PROVISION OF THE ECONOMIC OPPORTUNITY ACT OF 1964. //81
STAT. 698, 42 USC 2809, 2823, 2825.//
(B) WITHIN NINETY DAYS AFTER THE FIRST MEETING OF THE BOARD, ALL
ASSETS, LIABILITIES, OBLIGATIONS, PROPERTY, AND RECORDS AS DETERMINED BY
THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET, IN CONSULATION WITH
THE DIRECTOR OF THE OFFICE OF ECONOMIC OPPORTUNITY OR THE HEAD OF ANY
SUCCESSOR AUTHORITY, TO BE EMPLOYED DIRECTLY OR HELD OR USED PRIMARILY,
IN CONNECTION WITH ANY FUNCTION OF THE DIRECTOR OF THE OFFICE OF
ECONOMIC OPPORTUNITY OR THE HEAD OF ANY SUCCESSOR AUTHORITY IN CARRYING
OUT LEGAL SERVICES ACTIVITIES UNDER THE ECONOMIC OPPORTUNITY ACT OF
1964, //78 STAT. 508, 42 USC 2701 NOTE.// SHALL BE TRANSFERRED TO THE
CORPORATION. PERSONNEL TRANSFERRED TO THE CORPORATION FROM THE OFFICE
OF ECONOMIC OPPORTUNITY OR ANY SUCCESSOR AUTHORITY SHALL BE TRANSFERRED
IN ACCORDANCE WITH APPLICABLE LAWS AND REGUALTIONS, AND SHALL NOT BE
REDUCED IN COMPENSATION FOR ONE YEAR AFTER SUCH TRANSFER, EXCEPT FOR
CAUSE. THE DIRECTOR OF THE OFFICE OF ECONOMIC OPPORTUNITY OR THE HEAD
OF ANY SUCCESSOR AUTHORITY SHALL TAKE WHATEVER ACTION IS NECESSARY AND
REASONABLE TO SEEK SUITABLE EMPLOYMENT FOR PERSONNEL WHO DO NOT TRANSFER
TO THE CORPORATION
(C) COLLECTIVE-BARGAINING AGREEMENTS IN EFFECT ON THE DATE OF
ENACTMENT OF THIS ACT COVERING EMPLOYEES TRANSFERRED TO THE CORPORATION
SHALL CONTINUE TO BE RECOGNIZED BY THE CORPORATION UNTIL THE TERMINATION
DATE OF SUCH AGREEMENTS, OR UNTIL MUTUALLY MODIFIED BY THE PARTIES.
(D)(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE DIRECTOR OF
THE OFFICE OF ECONOMIC OPPORTUNITY OR THE HEAD OF ANY SUCCESSOR
AUTHORITY SHALL TAKE SUCH ACTION AS MAY BE NECESSARY, IN COOPERATION
WITH THE PRESIENT OF THE LEGAL SERVICES CORPORATION, INCLUDING THE
PROVISION (BY GRANT OR OTHERWISE) OF FINANCIAL ASSISTANCE TO RECIPIENTS
AND THE CORPORATION AND THE FURNISHING OF SERVICES AND FACILITIES TO THE
CORPROATION--,
(A) TO ASSIST THE CORPORATION IN PREPARING TO UNDERTAKE, AND IN
THE INITIAL UNDERTAKING OF, ITS RESPONSIBILITIES UNDER THIS TITLE;
(B) OUT OF APPROPRIATIONS AVAILABLE TO HIM, TO MAKE FUNDS
AVAILABLE TO MEET THE ORGANIZATIONAL AND ADMINISTRATIVE EXPENSES
OF THE CORPORATION;
(C) WITHIN NINETY DAYS AFTER THE FIRST MEETING OF THE BOARD, TO
TRANSFER TO THE CORPORATION ALL UNEXPENDED BALANCES OF FUNDS
APPROPRIATED FOR THE PURPOSE OF CARRYING OUT LEGAL SERVICES
PROGRAMS AND ACTIVITIES UNDER THE ECONOMIC OPPORTUNITY ACT OF 1964
OR SUCCESSOR AUTHORITY; AND
(D) TO ARRANGE FOR THE ORDERLY CONTINUATION BY SUCH CORPORATION
OF FINANCIAL ASSISTANCE TO LEGAL SERVICES PROGRAMS AND ACTIVITIES
ASSISTED PURSUANT TO THE ECONOMIC OPPORTUNITY ACT OF 1964 OR
SUCCESSOR AUTHORITY.
WHENEVER THE DIRECTOR OF THE OFFICE OF ECONOMIC OPPORTUNITY OR THE HEAD
OF ANY SUCCESSOR AUTHORITY DETERMINES THAT AN OBLIGATION TO PROVIDE
FINANCIAL ASSISTANCE PURSUANT TO ANY CONTRACT OR GRANT FOR SUCH LEGAL
SERVICES WILL EXTEND BEYOND SIX MONTHS AFTER THE DATE OF ENACTMENT OF
THIS ACT, HE SHALL INCLUDE, IN ANY SUCH CONTRACT OR GRANT, PROVISIONS TO
ASSURE THAT THE OBLIGATION TO PROVIDE SUCH FINANCIAL ASSISTANCE MAY BE
ASSUMED BY THE LEGAL SERVICES CORPORATION, SUBJECT TO SUCH MODIFICATIONS
OF THE TERMS AND CONDITIONS OF SUCH CONTRACT OR GRANT AS THE CORPORATION
DETERMINES TO BE NECESSARY.
(2) SECTION 222(A)(3) OF THE ECONOMIC OPPORTUNITY ACT OF 1964 //81
STAT. 698; 83 STAT. 828, 829, 42 USC 2809.// IS REPEALED, EFFECTIVE
NINETY DAYS AFTER THE FIRST MEETING OF THE BOARD OF DIRECTORS OF THE
LEGAL SERVICES CORPORATION.
(E) THERE ARE AUTHORIZED TO BE APPROPRIATED FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, SUCH SUMS AS MAY BE NECESSARY FOR CARRYING OUT
THIS SECTION.
(F) TITLE VI OF THE ECONOMIC OPPORTUNITY ACT OF 1964 //78 STAT. 528;
86 STAT. 697, 42 USC 2941.// IS AMENDED BY INSERTING AFTER SECTION 625
THEREOF THE FOLLOWING NEW SECTION:
"SEC. 626. NOTHING IN THIS ACT, EXCEPT TITLE X, AND NO REFERENCE TO
THIS ACT UNLESS SUCH REFERENCE REFERS TO TITLE X, //ANTE, P. 378.//
SHALL BE CONSTRUED TO AFFECT THE POWERS AND ACTIVITIES OF THE LEGAL
SERVICES CORPORATION.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 247 (COMM. ON EDUCATI AND LABOR) AND NO. 93
- 1039 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 495 (COMM. ON LABOR AND PUBLIC WELFARE) AND
NO. 93 - 845 ACCOMPANYING S. 2686 (COMM. OF CONFERENCE)
CONGRESSIONAL RECORD:
VOL. 119 (1973): JUNE 21, CONSIDERED AND PASSED HOUSE.
DEC. 10, 12 - 14, S. 2686 CONSIDERED IN SENATE.
VOL. 120 (1974): JAN. 28 - 30, S. 2686 CONSIDERED IN
SENATE.
JAN. 31, CONSIDERED AND PASSED SENATE, AMENDED, IN LIEU OF S.
2686.
MAY 16, HOUSE AGREED TO CONFERENCE REPORT.
JULY 16, SENATE INSISTED ON ITS AMENDMENTS; HOUSE RECEDED FROM
ITS DISAGREEMENT TO SENATE AMENDMENTS WITH AN AMENDMENT.
JULY 18, SENATE CONCURRED IN THE HOUSE AMENDMENT TO THE SENATE
AMENDMENT.
PUBLIC LAW 93-354, 88 STAT 373, NATIONAL DIABETES MELLITUS RESEARCH
AND EDUCATION 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 "NATIONAL DIABETES MELLITUS
RESEARCH AND EDUCATION ACT". //42 USC 289C - 2 NOTE.//
SEC. 2. (A) THE CONGRESS MAKES THE FOLLOWING FINDINGS: //42 USC
289C - 2 NOTE.//
(1) DIABETES MELLITUS IS A MAJOR HEALTH PROBLEM IN THE UNITED
STATES WHICH DIRECTLY AFFECTS PERHAPS AS MANY AS TEN MILLION
AMERICANS AND INDIRECTLY AFFECTS PERHAPS AS MANY AS FIFTY MILLION
AMERICANS WHO WILL PASS THE TENDENCY TO DEVELOP DIABETES MELLITUS
TO THEIR CHILDREN OR GRANDCHILDREN OR TO BOTH.
(2) DIABETES MELLITUS IS A FAMILY OF DISEASES THAT HAS AN
IMPACT ON VIRTUALLY ALL BIOLOGICAL SYSTEMS OF THE HUMAN BODY.
(3) DIABETES MELLITUS IS THE FIFTH LEADING CAUSE OF DEATH FROM
DISEASE, AND IT IS THE SECOND LEADING CAUSE OF NEW CASES OF
BLINDNESS.
(4) THE SEVERITY OF DIABETES MELLITUS IN CHILDREN AND MOST
ADOLESCENTS IS GREATER THAN IN ADULTS, WHICH IN MOST CASES
INVOLVES GREATER PROBLEMS IN THE MANAGEMENT OF THE DISEASE.
(5) THE COMPLICATIONS OF DIABETES MELLITUS, PARTICULARLY
CARDIOVASCULAR DEGENERATION, LEAD TO MANY OTHER SERIOUS HEALTH
PROBLEMS.
(6) UNCONTROLLED DIABETES MELLITUS SIGNIFICANTLY DECREASES LIFE
EXPECTANCY.
(7) THERE IS CONVINCING EVIDENCE THAT THE KNOWN PREVALENCE OF
DIABETES MELLITUS HAS INCREASED DRAMATICALLY IN THE PAST DECADE.
(8) THE CITIZENS OF THE UNITED STATES SHOULD HAVE A FULL
UNDERSTANDING OF THE NATURE OF THE IMPACT OF DIABETES MELLITUS.
(9) THE ATTAINMENT OF BETTER METHODS OF DIAGNOSIS AND TREATMENT
OF DIABETES MELLITUS DESERVES THE HIGHEST PRIORITY.
(10) THE ESTABLISHMENT OF REGIONAL DIABETES RESEARCH AND
TRAINING CENTERS THROUGHOUT THE COUNTRY IS ESSENTIAL FOR THE
DEVELOPMENT OF SCIENTIFIC INFORMATION AND APPROPRIATE THERAPIES TO
DEAL WITH DIABETES MELLITUS.
(11) IN ORDER TO PROVIDE FOR THE MOST EFFECTIVE PROGRAM AGAINST
DIABETES MELLITUS IT IS IMPORTANT TO MOBILIZE THE RESOURCES OF THE
NATIONAL INSTITUTES OF HEALTH AS WELL AS THE PUBLIC AND PRIVATE
ORGANIZATIONS CAPABLE OF THE NECESSARY RESEARCH AND PUBLIC
EDUCATION IN THE DISEASE.
(B) IT IS THE PURPOSE OF THIS ACT TO--,
(1) EXPAND THE AUTHORITY OF THE NATIONAL INSTITUTES OF HEALTH
TO ADVANCE THE NATIONAL ATTACK ON DIABETES MELLITUS; AND
(2) AS PART OF THAT ATTACK, TO ESTABLISH A LONG-RANGE PLAN
TO--,
(A) EXPAND AND COORDINATE THE NATIONAL RESEARCH EFFORT AGAINST
DIABETES MELLITUS;
(B) ADVANCE ACTIVITIES OF PARIENT EDUCATION, PROFESSIONAL
EDUCATION, AND PUBLIC EDUCATION WHICH WILL ALERT THE CITIZENS OF
THE UNITED STATES TO THE EARLY INDICATIONS OF DIABETES MELLITUS;
AND
(C) TO EMPHASIZE THE SIGNIFICANCE OF EARLY DETECTION, PROPER
CONTROL, AND COMPLICATION WHICH MAY EVOLVE FROM THE DISEASE.
SEC. 3. (A) THE DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH SHALL,
WITHIN SIXTY DAYS OF THE DATE OF THE ENACTMENT OF THIS SECTION,
ESTABLISH A NATIONAL COMMISSION ON DIABETES (HEREINAFTER IN THIS SECTION
REFERRED TO AS THE "COMMISSION"). //42 USC 289C - 2 NOTE.//
(B) THE COMMISSION SHALL BE COMPOSED OF SEVENTEEN MEMBERS AS FOLLOWS:
(1) THE DIRECTORS OF THE SEVEN INSTITUTES REFERRED TO IN
SUBSECTION (E).
(2) SIX MEMBERS APPOINTED BY THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE FROM SCIENTISTS OR PHYSICIANS WHO ARE NOT
IN THE EMPLOYMENT OF THE FEDERAL GOVERNMENT AND WHO REPRESENT THE
VARIOUS SPECIALTIES AND DISCIPLINES INVOLVING DIABETES MELLITUS
AND RELATED ENDOCRINE AND METABOLIC DISEASES.
(3) FOUR MEMBERS APPOINTED BY THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE FROM THE GENERAL PUBLIC. AT LEAST TWO OF
THE MEMBERS APPOINTED PURSUANT TO THIS PARAGRAPH SHALL BE
DIABETICS OR PARENTS OF DIABETICS.
THE MEMBERS OF THE COMMISSION SHALL SELECT A CHAIRMAN FROM AMONG THEIR
OWN NUMBER.
(C) THE COMMISSION MAY APPOINT AN EXECUTIVE DIRECTOR AND SUCH
ADDITIONAL PERSONNEL AS IT DETERMINES ARE NECESSARY FOR THE PERFORMANCE
OF THE COMMISSION'S FUNCTIONS.
(D) MEMBERS OF THE COMMISSION WHO ARE OFFICERS OR EMPLOYEES OF THE
FEDERAL GOVERNMENT SHALL SERVE AS MEMBERS OF THE COMMISSION WITHOUT
COMPENSATION IN ADDITION TO THAT RECEIVED IN THEIR REGULAR PUBLIC
EMPLOYMENT. MEMBERS OF THE COMMISSION WHO ARE NOT OFFICERS OR EMPLOYEES
OF THE FEDERAL GOVERNMENT SHALL EACH RECEIVE THE DAILY EQUIVALENT OF THE
RATE IN EFFECT FOR GRADE GS-18 OF THE GENERAL SCHEDULE //5 USC 5332
NOTE.// FOR EACH DAY (INCLUDING TRAVELTIME) THEY ARE ENGAGED IN THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE COMMISSION. ALL MEMBERS
OF THE COMMISSION SHALL BE ENTITLED TO REIMBURSEMENT FOR TRAVEL,
SUBSISTENCE, AND OTHER NECESSARY EXPENSES INCURRED BY THEM IN THE
PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE COMMISSION.
(E) THE COMMISSION SHALL FORMULATE A LONG-RANGE PLAN TO COMBAT
DIABETES MELLITUS WITH SPECIFIC RECOMMENDATIONS FOR THE UTILIZATION AND
ORGANIZATION OF NATIONAL RESOURCES FOR THAT PURPOSE. SUCH A PLAN SHALL
BE BASED ON A COMPREHENSIVE SURVEY INVESTIGATING THE MAGNITUDE OF
DIABETES MELLITUS, ITS EPIDEMIOLOGY, AND ITS ECONOMIC AND SOCIAL
CONSEQUENCES AND ON AN EVALUATION OF AVAILABLE SCIENTIFIC INFORMATION
AND THE NATIONAL RESOURCES CAPABLE OF DEALING WITH THE PROBLEM. THE
PLAN SHALL INCLUDE A PLAN FOR A COORDINATED RESEARCH PROGRAM
ENCOMPASSING PROGRAMS OF THE NATIONAL INSTITUTE OF ARGHRITIS,
METABOLISM, AND DIGESTIVE DISEASES, THE NATIONAL EYE INSTITUTE, THE
NATIONAL INSTITUTE OF NEUROLOGICAL DISEASES, THE NATIONAL HEART AND LUNG
INSTITUTE, THE NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES, THE
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT, AND THE
NATIONAL INSTITUTE OF DENTAL RESEARCH, AND OTHER FEDERAL AND NON-FEDERAL
PROGRAMS. THE COORDINATED RESEARCH PROGRAM SHALL PROVIDE FOR--,
(1) INVESTIGATION IN THE EPIDEMIOLOGY, ETIOLOGY, PREVENTION,
AND CONTROL OF DIABETES MELLITUS, INCLUDING INVESTIGATION INTO THE
SOCIAL, ENVIRONMENTAL, BEHAVIORAL, NUTRITIONAL, BIOLOGICAL, AND
GENETIC DETERMINANTS AND INFLUENCES INVOLVED IN THE EPIDEMIOLOGY,
ETIOLOGY, PREVENTION, AND CONTROL OF DIABETES MELLITUS;
(2) STUDIES AND RESEARCH INTO THE BASIC BIOLOGICAL PROCESSES
AND MECHANISMS INVOLVED IN THE UNDERLYING NORMAL AND ABNORMAL
PHENOMENA ASSOCIATED WITH DIABETES MELLITUS, INCLUDING
ABNORMALITIES OF THE SKIN, CARDIOVASCULAR SYSTEM, KIDNEYS, EYES,
AND NERVOUS SYSTEM, AND AVALUATION OF INFLUENCES OF OTHER
ENDOCRINE HORMONES ON THE ETIOLOGY, TREATMENT, AND COMPLICATIONS
OF DIABETES MELLITUS;
(3) RESEARCH INTO THE DEVELOPMENT, TRIAL, AND EVALUATION OF
TECHNIQUES AND DRUGS USED IN, AND APPROACHES TO, THE DIAGNOSIS,
TREATMENT, AND PREVENTION OF DIABETES MELLILTUS;
(4) ESTABLISHMENT OF PROGRAMS THAT WILL FOCUS AND APPLY
SCIENTIFIC AND TECHNOLOGICAL EFFORTS INVOLVING BIOLOGICAL,
PHYSICAL, AND ENGINEERING SCIENCE TO ALL FACETS OF DIABETES
MELLITUS;
(5) ESTABLISHMENT OF PROGRAMS FOR THE CONDUCT AND DIRECTION OF
FIELD STUDIES, LARGE-SCALE TESTING AND EVALUATION, AND
DEMONSTRATION OF PREVENTIVE DIAGNOSTIC, THERAPEUTIC,
REHABILITATIVE, AND CONTROL APPROACHES TO DIABETES MELLITUS;
(6) THE EDUCATION AND TRAINING OF SCIENTISTS, CLINICIANS,
EDUCATORS, AND ALLIED HEALTH PERSONNEL IN THE FIELDS AND
SPECIALTIES REQUISITE TO THE CONDUCT OF PROGRAMS RESPECTING
DIABETES MELLITUS;
(7) A SYSTEM FOR THE COLLECTION, ANALYSIS, AND DISSEMINATION OF
ALL DATA USEFUL IN THE PREVENTION, DIAGNOSIS, AND TREATMENT OF
DIABETES MELLITUS;
(8) APPROPRIATE DISTRIBUTION OF RESOURCES BETWEEN BASIC AND
APPLIED RESEARCH.
THE LONG-RANGE PLAN FORMULATED UNDER THIS SUBSECTION SHALL ALSO INCLUDE
WITHIN ITS SCOPE RELATED ENDOCRINE AND METABOLIC DISEASES AND BASIC
BIOLOGICAL PROCESSES AND MECHANISMS, THE BETTER UNDERSTANDING OF WHICH
IS ESSENTIAL TO THE SOLUTION OF THE PROBLEM OF DIABETES MELLITUS.
(F) IN THE DEVELOPMENT OF THE LONG-RANGE PLAN UNDER SUBSECTION (E),
ATTENTION SHALL BE GIVEN TO MEANS TO ASSURE CONTINUED DEVELOPMENT OF
KNOWLEDGE, AND DISSEMINATION OF SUCH KNOWLEDGE TO THE PUBLIC, WHICH
WOULD FORM THE BASIS OF FUTURE ADVANCES IN THE UNDERSTANDING, TREATMENT,
AND CONTROL OF DIABETES MELLITUS.
(G) THE COMMISSION MAY HOLD SUCH HEARINGS, TAKE SUCH TESTIMONY, AND
SIT AND ACT AT SUCH TIME AND PLACES AS THE COMMISSION DEEMS ADVISABLE TO
DEVELOP THE LONG-RANGE PLAN REQUIRED BY SUBSECTION (E).
(H)(1) THE COMMISSION SHALL PREPARE FOR EACH OF THE INSTITUTES WHOSE
PROGRAMS ARE TO BE ENCOMPASSED BY THE PLAN FOR A COORDINATED DIABETES
RESEARCH PROGRAM DESCRIBED IN SUBSECTION (E) BUDGET ESTIMATES FOR EACH
INSTITUTE'S PART OF SUCH PROGRAM. THE BUDGET ESTIMATES SHALL BE
PREPARED FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND FOR EACH OF THE
NEXT TWO FISCAL YEARS.
(2) WITHIN FIVE DAYS AFTER THE BUDGET FOR THE FISCAL YEAR ENDING JUNE
30, 1976, AND THE BUDGET FOR EACH OF THE NEXT TWO FISCAL YEARS IS
TRANSMITTED BY THE PRESIDENT TO THE CONGRESS THE SECRETARY SHALL
TRANSMIT TO THE COMMITTEES ON APPROPRIATIONS OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE, THE COMMITTEE ON LABOR AND PUBLIC
WELFARE OF THE SENATE, AND THE COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE OF THE HOUSE OF REPRESENTATIVES AN ESTIMATE OF THE AMOUNTS
REQUESTED FOR EACH OF THE INSTITUTES FOR DIABETES RESEARCH, AND A
COMPARISON OF SUCH AMOUNTS WITH THE BUDGET ESTIMATES PREPARED BY THE
COMMISSION UNDER PARAGRAPH (1).
(I)(1) THE COMMISSION SHALL PUBLISH AND TRANSMIT DIRECTLY TO THE
CONGRESS (WITHOUT PRIOR ADMINISTRATIVE APPROVAL) A FINAL REPORT WITHIN
NINE MONTHS AFTER THE DATE FUNDS ARE FIRST APPROPRIATED FOR THE
IMPLEMENTATION OF THIS SECTION. SUCH REPORT SHALL CONTAIN THE
LONG-RANGE PLAN REQUIRED BY SUBSECTION (E), THE BUDGET ESTIMATES
REQUIRED BY SUBSECTION (H), AND ANY RECOMMENDATIONS OF THE COMMISSION
FOR LEGISLATION.
(2) THE COMMISSION SHALL CEASE TO EXIST ON THE THIRTIETH DAY
FOLLOWING THE DATE OF THE SUBMISSION OF ITS FINAL REPORT PURSUANT TO
PARAGRAPH (1) OF THIS SUBSECTION.
(J) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THE PURPOSES
OF THIS SECTION $1,000,000.
SEC. 4. SECTION 317 OF THE PUBLIC HEALTH SERVICE ACT IS AMENDED--,
//86 STAT. 748, 42 USC 247B.//
(1) BY STRIKING OUT "COMMUNICABLE DISEASE CONTROL" EACH PLACE
IT OCCURS AND INSERTING IN LIEU THEREOF "COMMUNICABLE AND OTHER
DISEASE CONTROL";
(2) BY STRIKING OUT "COMMUNICABLE DISEASES" IN SUBSECTION (A)
AND INSERTING IN LIEU THEREOF "COMMUNICABLE OR OTHER DISEASES";
(3) BY STRIKING OUT "COMMUNICABLE DISEASE PROGRAM" IN
SUBSECTION (A) AND INSERTING IN LIEU THEREOF "COMMUNICABLE OR
OTHER DISEASE CONTROL PROGRAM";
(4) BY STRIKING OUT "COMMUNICABLE DISEASE" IN SUBSECTION (B)
(2)(C)(I) AND INSERTING IN LIEU THEREOF "COMMUNICABLE OR OTHER
DISEASE";
(5) BY STRIKING OUT "RH DISEASE," IN SUBSECTION (H)(1) AND BY
INSERTING "DIABETES MELLITUS AND RH DISEASE AND" BEFORE
"TUBERCULOSIS" IN THAT SUBSECTION; AND
(6) BY STRIKING OUT "COMMUNICABLE" IN THE SECTION HEADING.
COMMITTEE AND GENERAL AUTHORITY
SEC. 5. (A) PART D OF TITLE IV OF THE PUBLIC HEALTH SERVICE ACT //64
STAT. 443; 86 STAT. 162, 42 USC 289.// IS AMENDED BY ADDING AT THE END
THEREOF THE FOLLOWING NEW SECTIONS:
"SEC. 435. //42 USC 289C - 2.// (A) CONSISTENT WITH APPLICABLE
RECOMMENDATIONS OF THE NATIONAL COMMISSION ON DIABETES, THE SECRETARY
SHALL PROVIDE FOR THE DEVELOPMENT, OR SUBSTANTIAL EXPANSION, OF CENTERS
FOR RESEARCH AND TRAINING IN DIABETES MELLITUS AND RELATED ENDOCRINE AND
METABOLIC DISORDERS. EACH CENTER DEVELOPED OR EXPANDED UNDER THIS
SECTION SHALL (1) UTILIZE THE FACILITIES OF A SINGLE INSTITUTION, OR BE
FORMED FROM A CONSORTIUM OF COOPERATING INSTITUTIONS, MEETING SUCH
RESEARCH AND TRAINING QUALIFICATIONS AS MAY BE PRESCRIBED BY THE
SECRETARY; AND (2) CONDUCT (A) RESEARCH IN THE DIAGNOSIS AND TREATMENT
OF DIABETES MELLITUS AND RELATED ENDOCRINE AND METABOLIC DISORDERS AND
THE COMPLICATIONS RESULTING FROM SUCH DISEASE OR DISORDERS, (B) TRAINING
PROGRAMS FOR PHYSICIANS AND ALLIED HEALTH PERSONNEL IN CURRENT METHODS
OF DIAGNOSIS AND TREATMENT OF SUCH DISEASE, DISORDERS, AND
COMPLICATIONS, AND (C) INFORMATION PROGRAMS FOR PHYSICIANS AND ALLIED
HEALTH PERSONNEL WHO PROVIDE PRIMARY CARE FOR PATIENTS WITH SUCH
DISEASE, DISORDERS, OR COMPLICATIONS. INSOFAR AS PRACTICABLE, CENTERS
DEVELOPED OR EXPANDED UNDER THIS SECTION SHALL BE LOCATED GEOGRAPHICALLY
ON THE BASIS OF POPULATION DENSITY THROUGHOUT THE UNITED STATES AND IN
ENVIRONMENTS WITH PROVEN RESEARCH CAPABILITIES.
"(B) THE SECRETARY SHALL EVALUATE ON AN ANNUAL BASIS THE ACTIVITIES
OF CENTERS DEVELOPED OR EXPANDED UNDER THIS SECTION AND SHALL REPORT TO
THE CONGRESS (ON OR BEFORE JUNE 30 OF EACH YEAR) THE RESULTS OF HIS
EVALUATION.
"(C) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THIS
SECTION $8,000,000 FOR FISCAL YEAR ENDING JUNE 30, 1975, $12,000,000 FOR
FISCAL YEAR ENDING JUNE 30, 1976, AND $20,000,000 FOR FISCAL YEAR ENDING
JUNE 30, 1977.
"SEC. 436. FOR THE PURPOSE OF--,
"(1) BETTER COORDINATION OF THE TOTAL NATIONAL INSTITUTES OF
HEALTH RESEARCH ACTIVITIES RELATING TO DIABETES MELLITUS; AND
"(2) COORDINATING THOSE ASPECTS OF ALL FEDERAL HEALTH PROGRAMS
AND ACTIVITIES RELATING TO DIABETES MELLITUS TO ASSURE THE
ADEQUACY AND TECHNICAL SOUNDNESS OF SUCH PROGRAMS AND ACTIVITIES
AND TO PROVIDE FOR THE FULL COMMUNICATION AND EXCHANGE OF
INFORMATION NECESSARY TO MAINTAIN ADEQUATE COORDINATION OF SUCH
PROGRAMS AND ACTIVITIES,
THE DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH SHALL ESTABLISH A
DIABETES MELLITUS COORDINATING COMMITTEE. THE COMMITTEE SHALL BE
COMPOSED OF THE DIRECTORS (OR THEIR DESIGNATED REPRESENTATIVES) OF EACH
OF THE INSTITUTES AND DIVISIONS INVOLVED IN DIABETES-RELATED RESEARCH
AND SHALL INCLUDE REPRESENTATION FROM ALL FEDERAL DEPARTMENTS AND
AGENCIES WHOSE PROGRAMS INVOLVE HEALTH FUNCTIONS OR RESPONSIBILITIES AS
DETERMINED BY THE SECRETARY. THE COMMITTEE SHALL BE CHAIRED BY THE
DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH (OR HIS DESIGNATED
REPRESENTATIVE). THE COMMITTEE SHALL PREPARE A REPORT AS SOON AFTER THE
END OF EACH FISCAL YEAR AS POSSIBLE FOR THE DIRECTOR OF THE NATIONAL
INSTITUTES OF HEALTH DETAILING THE WORK OF THE COMMITTEE IN CARRYING OUT
THE COORDINATING ACTIVITIES DESCRIBED IN PARAGRAPHS (1) AND (2)."
(B) SECTION 434 OF THE PUBLIC HEALTH SERVICE ACT //86 STAT. 162, 42
USC 289C - 1.// IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW
SUBSECTION:
"(D) THE DIRECTOR OF THE NATIONAL INSTITUTE OF ARTHRITIS, METABOLISM,
AND DIGESTIVE DISEASES, WORKING THROUGH THE ASSOCIATE DIRECTOR FOR
DIABETES (IF THAT POSITION IS ESTABLISHED), SHALL (1) CARRY OUT PROGRAMS
OF SUPPORT FOR RESEARCH AND TRAINING IN THE DIAGNOSIS, PREVENTION, AND
TREATMENT OF DIABETES MELLITUS AND RELATED ENDOCRINE AND METABOLIC
DISEASES, AND (2) ESTABLISH PROGRAMS OF EVALUATION, PLANNING, AND
DISSEMINATION OF KNOWLEDGE RELATED TO RESEARCH AND TRAINING IN DIABETES
MELLITUS AND RELATED ENDOCRINE AND METABOLIC DISEASES."
SEC. 6. //42 USC 289C - 1A.// THE SECRETARY OF HEALTH, EDUCATION,
AND WELFARE MAY ESTABLISH WITHIN THE NATIONAL INSTITUTE OF ARTHRITIS,
METABOLISM, AND DIGESTIVE DISEASES THE POSITION OF ASSOCIATE DIRECTOR
FOR DIABETES WHO WOULD REPORT DIRECTLY TO THE DIRECTOR OF THE INSTITUTE
AND WHO, UNDER THE SUPERVISION OF THE DIRECTOR OF THE INSTITUTE, WOULD
BE RESPONSIBLE FOR PROGRAMS WITH REGARD TO DIABETES MELLITUS WITHIN THE
INSTITUTE.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 894 ACCOMPANYING H.R. 12417 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE) AND NO. 93 - 1147 (COMM. OF
CONFERENCE).
SENATE REPORT NO. 93 - 653 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): DEC. 20, CONSIDERED AND PASSED SENATE.
VOL. 120 (1974): MAR. 19, CONSIDERED AND PASSED HOUSE,
AMENDED, IN LIER OF H. R. 12417.
JULY 9, HOUSE AGREED TO CONFERENCE REPORT.
JULY 10, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-353, 88 STAT 362, HEALTH SERVICES RESEARCH, HEALTH
STATISTICS AND MEDICAL LIBRARIES ACT OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. (A) THIS ACT MAY BE CITED AS THE "HEALTH SERVICES
RESEARCH, HEALTH STATISTICS, AND MEDICAL LIBRARIES ACT OF 1974". //42
USC 242B NOTE.//
(B) UNLESS THE CONTEXT OTHERWISE REQUIRED.S, WHENEVER IN THIS ACT AN
AMENDMENT OR REPEAL IS EXPRESSED IN TERMS OF AN AMENDMENT TO, OR REPEAL
OF, A SECTION OR OTHER PROVISION, THE REFERENCE SHALL BE CONSIDERED TO
BE MADE TO A SECTION OR OTHER PROVISION OF THE PUBLIC HEALTH SERVICE
ACT. //58 STAT. 682, 42 USC 201 NOTE.//
STATISTICS
SEC. 101. THIS TITLE MAY BE CITED AS THE "HEALTH SERVICES RESEARCH
AND EVALUATION AND HEALTH STATISTICS ACT OF 1974". //42 USC 242B
NOTE.//
SEC. 102. (A) SECTIONS 307, 312, 312A, 313, AND 315 ARE REPEALED.
//42 USC 242E, 244, 244A, 245, 247.//
(B)(1) SECTION 306 IS AMENDED (A) BY STRIKING OUT "SURGEON GENERAL"
EACH PLACE IT APPEARS AND INSERTING IN LIEU THEREOF "SECRETARY", (B) BY
STRIKING OUT "309" EACH PLACE IT OCCURS IN SUBSECTION (D) AND INSERTING
IN LIEU THEREOF "313" AND (C) BY STRIKING OUT SUBSECTION (E) AND
REDESIGNATING SUBSECTION (F) AS SUBSECTION (E). //70 STAT. 923, 42 USC
242D.//
(2) SECTION 306 AS AMENDED BY PARAGRAPH (1) //42 USC 244 - 1.// IS
TRANSFERRED TO PART B OF TITLE III, IS REDESIGNATED SECTION 312, AND IS
INSERTED AFTER SECTION 311.
(C)(1) SECTION 309 //74 STAT. 819, 42 USC 242G.// IS AMENDED (A) BY
STRIKING OUT "SURGEON GENERAL" EACH PLACE IT OCCURS AND INSERTING IN
LIEU THEREOF "SECRETARY, AND (B) BY STRIKING OUT "306(D)" AND INSERTING
IN LIEU THEREOF "312(D)".
(2) SECTION 309, AS AMENDED BY PARAGRAPH (1), //42 USC 245A.// IS
TRANSFERRED TO PART B OF TITLE III, IS REDESIGNATED SECTION 313, AND IS
INSERTED IMMEDIATELY BEFORE SECTION 314.
(D) SECTION 310 //76 STAT. 592, 42 USC 242H.// IS TRANSFERRED TO PART
B OF TITLE III, IS REDESIGNATED SECTION 319, AND IS INSERTED AFTER
SECTION 318. //42 USC 247D.//
(E) SECTION 310A //84 STAT. 1306, 42 USC 242I.// IS TRANSFERRED TO
TITLE II, IS REDESIGNATED SECTION 226, AND IS INSERTED AFTER SECTION
225. //42 USC 235.//
(F)(1) SECTION 310B //4I USC 242J.// IS AMENDED BY STRIKING OUT "304,
305,".
(2) SECTION 310B, AS AMENDED BY PARAGRAPH (1) IS TRANSFERRED TO TITLE
II, IS REDESIGNATED SECTION 22M, AND IS INSERTED AFTER SECTION 226 //42
USC 236.// (INSERTED BY SUBSECTION (E) OF THIS SECTION).
SEC. 103. SECTION 304 //81 STAT. 534; 84 STAT. 1302, 42 USC 242B.//
IS AMENDED TO READ AS FOLLOWS:
"SEC. 304. (A)(1) THE SECRETARY SHALL--,
"(A) UNDERTAKE THROUGH THE NATIONAL CENTER FOR HEALTH SERVICES
RESEARCH, THE NATIONAL CENTER FOR HEALTH STATISTICS, AND SUCH
OTHER UNITS OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE AS
HE MAY SELECT, AND
"(B) SUPPORT,
HEALTH STATISTICAL ACTIVITIES AND HEALTH SERVICES RESEARCH, EVALUATION,
AND DEMONSTRATIONS.
"(2) IN CARRYING OUT PARAGRAPH (1), THE SECRETARY SHALL GIVE
APPROPRIATE EMPHASIS TO RESEARCH AND STATISTICAL ACTIVITIES
RESPECTING--,
"(A) THE DETERMINANTS OF AN INDIVIDUAL'S HEALTH,
"(B) THE IMPACT OF THE ENVIRONMENT ON INDIVIDUAL HEALTH AND ON
HEALTH CARE,
"(C) THE ACCESSIBILITY, ACCEPTABILITY, PLANNING, ORGANIZATION,
TECHNOLOGY, DISTRIBUTION, UTILIZATION, QUALITY, AND FINANCING OF
SYSTEMS FOR THE DELIVERY OF HEALTH CARE, INCLUDING SYSTEMS FOR THE
DELIVERY OF PREVENTIVE, PERSONAL, AND MENTAL HEALTH CARE, AND
"(D) INDIVIDUAL AND COMMUNITY KNOWLEDGE OF INDIVIDUAL HEALTH
AND THE SYSTEMS FOR THE DELIVERY OF HEALTH CARE.
"(B) TO IMPLEMENT SUBSECTION (A), THE SECRETARY MAY, IN ADDITION TO
ANY OTHER AUTHORITY WHICH UNDER OTHER PROVISIONS OF THIS ACT OR ANY
OTHER LAW MAY BE USED BY HIM TO IMPLEMENT SUCH SUBSECTION, DO THE
FOLLOWING:
"(1) UTILIZE PERSONNEL AND EQUIPMENT, FACILITIES, AND OTHER
PHYSICAL RESOURCES OF THE DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE, PERMIT APPROPRIATE (AS DETERMINED BY THE SECRETARY)
ENTITIES AND INDIVIDUALS TO UTILIZE THE PHYSICAL RESOURCES OF SUCH
DEPARTMENT, PROVIDE TECHNICAL ASSISTANCE AND ADVICE, MAKE GRANTS
TO PUBLIC AND NONPROFIT PRIVATE ENTITIES AND INDIVIDUALS, AND
ENTER INTO CONTRACTS WITH PUBLIC AND PRIVATE ENTITIES AND
INDIVIDUALS, FOR (A) HEALTH SERVICES RESEARCH, EVALUATION, AND
DEMONSTRATIONS, AND (B) HEALTH SERVICES RESEARCH AND HEALTH
STATISTICS TRAINING, AND (C) HEALTH STATISTICAL ACTIVITIES.
(2) ADMIT AND TREAT AT HOSPITALS AND OTHER FACILITIES OF THE
SERVICE PERSONS NOT OTHERWISE ELIGIBLE FOR ADMISSION AND TREATMENT
AT SUCH FACILITIES.
"(3) SECURE, FROM TIME TO TIME AND FOR SUCH PERIODS AS THE
SECRETARY DEEMS ADVISABLE, THE ASSISTANCE AND ADVICE OF EXPERTS
AND CONSULTANTS FROM THE UNITED STATES OR ABROAD.
"(4) ACQUIRE, CONSTRUCT, IMPROVE, REPAIR, OPERATE, AND MAINTAIN
LABORATORY, RESEARCH, AND OTHER NECESSARY FACILITIES AND
EQUIPMENT, AND SUCH OTHER REAL OR PERSONAL PROPERTY (INCLUDING
PATENTS) AS THE SECRETARY DEEMS NECESSARY; AND ACQUIRE, WITHOUT
REGARD TO THE ACT OF MARCH 3, 1877 (40 U.S.C. 34), //19 STAT.
370.// BY LEASE OR OTHERWISE, THROUGH THE ADMINISTRATOR OF GENERAL
SERVICES, BUILDINGS OR PARTS OF BUILDINGS IN THE DISTRICT OF
COLUMBIA OR COMMUNITIES LOCATED ADJACENT TO THE DISTRICT OF
COLUMBIA.
"(C) THE SECRETARY SHALL COORDINATE ALL HEALTH SERVICES RESEARCH,
EVALUATION, DEMONSTRATION, AND HEALTH STATISTICAL ACTIVITIES UNDERTAKEN
AND SUPPORTED THROUGH UNITS OF THE DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE. TO THE MAXIMUM EXTENT FEASIBLE, SUCH COORDINATION SHALL BE
CARRIED OUT THROUGH THE NATIONAL CENTER FOR HEALTH SERVICES RESEARCH AND
THE NATIONAL CENTER FOR HEALTH STATISTICS."
SEC. 104. SECTION 305 //70 STAT. 490; 84 STAT. 1303, 42 USC 242C.//
IS AMENDED TO READ AS FOLLOWS:
"SEC. 305. (A) THERE IS ESTABLISHED IN THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE THE NATIONAL CENTER FOR HEALTH SERVICES RESEARCH
(HEREINAFTER IN THIS SECTION REFERRED TO AS THE 'CENTER') WHICH SHALL BE
UNDER THE DIRECTION OF A DIRECTOR WHO SHALL BE APPOINTED BY THE
SECRETARY AND SUPERVISED BY THE ASSISTANT SECRETARY FOR HEALTH (OR SUCH
OTHER OFFICER OF THE DEPARTMENT AS MAY BE DESIGNATED BY THE SECRETARY AS
THE PRINCIPAL ADVISER TO HIM FOR HEALTH PROGRAMS).
"(B) IN CARRYING OUT SECTION 304(A), //ANTE, P. 362.// THE SECRETARY,
ACTING THROUGH THE CENTER, MAY UNDERTAKE AND SUPPORT RESEARCH,
EVALUATION, AND DEMONSTRATION PROJECTS (WHICH MAY INCLUDE AND SHALL BE
APPROPRIATELY COORDINATED WITH EXPERIMENTS AND DEMONSTRATION ACTIVITIES
AUTHORIZED BY THE SOCIAL SECURITY ACT AND THE SOCIAL SECURITY AMENDMENTS
OF 1967) //42 USC 1305, 42 USC 302 NOTE.// RESPECTING--,
"(1) THE ACCESSIBILITY, ACCEPTABILITY, PLANNING, ORGANIZATION,
DISTRIBUTION, TECHNOLOGY, UTILIZATION, QUALITY, AND FINANCING OF
HEALTH SERVICES AND SYSTEMS;
"(2) THE SUPPLY AND DISTRIBUTION, EDUCATION AND TRAINING,
QUALITY, UTILIZATION, ORGANIZATION, AND COSTS OF HEALTH MANPOWER;
AND
"(3) THE DESIGN, CONSTRUCTION, UTILIZATION, ORGANIZATION, AND
COST OF FACILITIES AND EQUIPMENT.
"(C) THE SECRETARY SHALL AFFORD APPROPRIATE CONSIDERATION TO REQUESTS
OF--,
"(1) STATE, REGIONAL, AND LOCAL HEALTH PLANNING AND HEALTH
AGENCIES,
"(2) PUBLIC AND PRIVATE ENTITIES AND INDIVIDUALS ENGAGED IN THE
DELIVERY OF HEALTH CARE, AND
"(3) OTHER PERSONS CONCERNED WITH HEALTH SERVICES,
TO HAVE THE CENTER OR OTHER UNITS OF THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE UNDERTAKE RESEARCH, EVALUATIONS, AND
DEMONSTRATIONS RESPECTING SPECIFIC ASPECTS OF THE MATTERS REFERRED TO IN
SUBSECTION (B).
"(D)(1) THE SECRETARY SHALL, BY GRANTS OR CONTRACTS, OR BOTH, ASSIST
PUBLIC OR PRIVATE NONPROFIT ENTITIES IN MEETING THE COSTS OF PLANNING
AND ESTABLISHING NEW CENTERS, AND OPERATING EXISTING AND NEW CENTERS,
FOR MULTIDISCIPLINARY HEALTH SERVICES, RESEARCH, EVALUATIONS, AND
DEMONSTRATIONS RESPECTING THE MATTERS REFERRED TO IN SUBSECTION (B). TO
THE EXTENT PRACTICABLE, THE SECRETARY SHALL APPROVE, IN ACCORDANCE WITH
THE REQUIREMENTS OF THIS SUBSECTION AND SECTION 308, //POST, P. 358.//
A NUMBER OF APPLICATIONS FOR GRANTS AND CONTRACTS UNDER THIS SUBSECTION
WHICH WILL RESULT IN AT LEAST SIX OF SUCH CENTERS (INCLUDING TWO
NATIONAL SPECIAL EMPHASIS CENTERS, ONE OF WHICH (TO BE DESIGNATED AS THE
HEALTH CARE TECHNOLOGY CENTER) SHALL FOCUS ON ALL FORMS OF TECHNOLOGY,
INCLUDING COMPUTERS AND ELECTRONIC DEVICES, AND ITS APPLICATIONS IN
HEALTH CARE DELIVERY; AND ONE OF WHICH (TO BE DESIGNATED AS THE HEALTH
CARE MANAGEMENT CENTER) SHALL FOCUS ON THE IMPROVEMENT OF MANAGEMENT AND
ORGANIZATION IN THE HEALTH FIELD, THE TRAINING AND RETRAINING OF
ADMINISTRATORS OF HEALTH CARE ENTERPRISES, AND THE DEVELOPMENT OF
LEADERS, PLANNERS, AND POLICY ANALYSTS IN THE HEALTH FIELD) BEING
OPERATIONAL IN EACH FISCAL YEAR.
"(2)(A) NO GRANT OR CONTRACT MAY BE MADE UNDER THIS SUBSECTION FOR
PLANNING AND ESTABLISHING A CENTER UNLESS THE SECRETARY DETERMINES THAT
WHEN IT IS OPERATIONAL IT WILL MEET THE REQUIREMENTS LISTED IN
SUBPARAGRAPH (B) AND NO PAYMENT SHALL BE MADE UNDER A GRANT OR CONTRACT
FOR OPERATION OF A CENTER UNLESS THE CENTER MEETS SUCH REQUIREMENTS.
"(B) THE REQUIREMENTS REFERRED TO IN SUBPARAGRAPH (A) ARE AS FOLLOWS:
"(I) THERE SHALL BE A FULL-TIME DIRECTOR OF THE CENTER WHO
POSSESSES A DEMONSTRATED CAPACITY FOR SUSTAINED PRODUCTIVITY AND
LEADERSHIP IN HEALTH SERVICES RESEARCH, DEMONSTRATIONS, AND
EVALUATIONS, AND THERE SHALL BE SUCH ADDITIONAL FULL-TIME
PROFESSIONAL STAFF AS MAY BE APPROPRIATE.
"(II) THE STAFF OF THE CENTER SHALL REPRESENT ALL RELEVANT
DISCIPLINES.
"(III) THE CENTER SHALL (I) BE LOCATED WITHIN AN ESTABLISHED
ACADEMIC OR RESEARCH INSTITUTION WITH DEPARTMENTS AND RESOURCES
APPROPRIATE TO THE PROGRAMS OF THE CENTER, AND (II) HAVE WORKING
RELATIONSHIPS WITH HEALTH SERVICE DELIVERY SYSTEMS WHERE
EXPERIMENTS IN HEALTH SERVICES MAY BE INITIATED AND EVALUATED.
"(IV) THE CENTER SHALL SELECT PROBLEMS IN HEALTH SERVICES FOR
RESEARCH, DEMONSTRATIONS, AND EVALUATIONS ON THE BASIS OF (I)
THEIR REGIONAL OR NATIONAL IMPORTANCE, (II) THE UNIQUE POTENTIAL
FOR DEFINITIVE RESEARCH ON THE PROBLEM, AND (III) OPPORTUNITES FOR
LOCAL APPLICATION OF THE RESEARCH FINDINGS.
"(V) SUCH ADDITIONAL REQUIREMENTS AS THE SECRETARY MAY BY
REGULATION PRESCRIBE.
"(E) THE AUTHORITY OF THE SECRETARY UNDER SECTION 304(B) //ANTE, P.
362.// SHALL BE AVAILABLE TO HIM WITH RESPECT TO THE UNDERTAKING AND
SUPPORT OF PROJECTS UNDER SUBSECTIONS (B), (C), AND (D) OF THIS
SECTION."
SEC. 105. THE FOLLOWING NEW SECTION IS INSERTED IN PART A OF
TITLE III AFTER SECTION 305: //ANTE, P. 363.//
"SEC. 306. (A) THERE IS ESTABLISHED IN THE DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE THE NATIONAL CENTER FOR HEALTH STATISTICS
(HEREINAFTER IN THIS SECTION REFERRED TO AS THE 'CENTER') WHICH SHALL BE
UNDER THE DIRECTION OF A DIRECTOR WHO SHALL BE APPOINTED BY THE
SECRETARY AND SUPERVISED BY THE ASSISTANT SECRETARY FOR HEALTH (OR SUCH
OTHER OFFICER OF THE DEPARTMENT AS MAY BE DESIGNATED BY THE SECRETARY AS
THE PRINCIPAL ADVISER TO HIM FOR HEALTH PROGRAMS).
"(B) IN CARRYING OUT SECTION 304(A), THE SECRETARY, ACTING THROUGH
THE CENTER, MAY--,
"(1) COLLECT STATISTICS ON--,
"(A) THE EXTENT AND NATURE OF ILLNESS AND DISABILITY OF THE
POPULATION OF THE UNITED (OR OF ANY GROUPINGS OF THE PEOPLE IN-
CLUDED IN THE POPULATION), INCLUDING LIFE EXPECTANCY, THE INCI-
DENCE OF VARIOUS ACUTE AND CHRONIC ILLNESSES, AND INFANT AND
MATERNAL MORBIDITY AND MORTALITY,
"(B) THE IMPACT OF ILLNESS AND DISABILITY OF THE POPULATION ON
THE ECONOMY OF THE UNITED STATES AND ON OTHER ASPECTS OF THE
WELL-BEING OF ITS POPULATION (OR OF SUCH GROUPINGS),
"(C) ENVIRONMENTAL, SOCIAL, AND OTHER HEALTH HAZARDS,
"(D) DETERMINANTS OF HEALTH,
"(E) HEALTH RESOURCES, INCLUDING PHYSICIANS, DENTISTS, NURSES,
AND OTHER HEALTH PROFESSIONALS BY SPECIALTY AND TYPE OF PRACTICE
AND THE SUPPLY OF SERVICES BY HOSPITALS, EXTENDED CARE FACILITIES,
HOME HALTH AGENCIES, AND OTHER HEALTH INSTI- TUTIONS,
"(F) UTILIZATION OF HEALTH CARE, INCLUDING UTILIZATION OF (I)
AMBULATORY HEALTH SERVICES BY SPECIALTIES AND TYPES OF PRACTICE OF
THE HEALTH PROFESSIONALS PROVIDING SUCH SERVICES, AND (II)
SERVICES OF HOSPITALS, EXTENDED CARE FACILITIES, HOME HEALTH
AGENCIES, AND OTHER INSTITUTIONS,
"(G) HEALTH CARE COSTS AND FINANCING, INCLUDING THE TRENDS IN
HEALTH CARE PRICES AND COST, THE SOURCES OF PAYMENTS FOR HEALTH
CARE SERVICES, AND FEDERAL, STATE, AND LOCAL GOVERNMENTAL
EXPENDITURES FOR HEALTH CARE SERVICES, AND
"(H) FAMILY FORMATION, GROWTH, AND DISSOLUTION; AND
"(2) UNDERTAKE AND SUPPORT (BY GRANT OR CONTRACT) RESEARCH,
DEMONSTRATIONS, AND EVALUATIONS RESPECTING NEW OR IMPROVED METHODS
FOR OBTAINING CURRENT DATA ON THE MATTERS REFERRED TO IN PARAGRAPH
(1).
"(C) THE CENTER SHALL FURNISH SUCH SPECIAL STATISTICAL COMPILATIONS
AND SURVEYS AS THE COMMITTEE ON LABOR AND PUBLIC WELFARE AND THE
COMMITTEE ON APPROPRIATIONS OF THE SENATE AND THE COMMITTEE ON
INTERSTATE AND FOREIGN COMMERCE AND THE COMMITTEE ON APPROPRIATIONS OF
THE HOUSE OF REPRESENTATIVES MAY REQUEST. SUCH STATISTICAL COMPILATIONS
AND SURVEYS SHALL NOT BE MADE SUBJECT TO THE PAYMENT OF THE ACTUAL OR
ESTIMATED COST OF THE PREPARATION OF SUCH COMPILATIONS AND SURVEYS.
"(D) TO INSURE COMPARABILITY AND RELIABILITY OF HEALTH STATISTICS,
THE SECRETARY SHALL, THROUGH THE CENTER, PROVIDE ADEQUATE TECHNICAL
ASSISTANCE TO ASSIST STATE AND LOCAL JURISDICTIONS IN THE DEVELOPMENT OF
MODEL LAWS DEALING WITH ISSUES OF CONFIDENTIALITY AND COMPARABILITY OF
DATA.
"(E) THE SECRETARY SHALL (1) ASSIST STATE AND LOCAL HEALTH AGENCIES,
AND FEDERAL AGENCIES INVOLVED IN MATTERS RELATING TO HEALTH, IN THE
DESIGN AND IMPLEMENTATION OF A COOPERATIVE SYSTEM FOR PRODUCING
COMPARABLE AND UNIFORM HEALTH INFORMATION AND STASTICS AT THE FEDERAL,
STATE, AND LOCAL LEVELS; (2) COORDINATE THE ACTIVITIES OF SUCH FEDERAL
AGENCIES RESPECTING THE DESIGN AND IMPLEMENTATION OF SUCH COOPERATIVE
SYSTEM; (3) UNDERTAKE AND SUPPORT (BY GRANT OR CONTRACT) RESEARCH,
DEVELOPMENT, DEMONSTRATIONS, AND EVALUATIONS RESPECTING SUCH COOPERATIVE
SYSTEM; (4) PROVIDE THE FEDERAL SHARE OF THE DATA COLLECTION COSTS
UNDER SUCH SYSTEM; AND (5) REVIEW STATISTICAL ACTIVITIES OF THE
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE TO ASSURE THAT THEY ARE
CONSISTENT WITH SUCH COOPERATIVE SYSTEM.
"(F) TO ASSIST IN CARRYING OUT THIS SECTION, THE SECRETARY SHALL
COOPERATE AND CONSULT WITH THE DEPARTMENTS OF COMMERCE AND LABOR AND ANY
OTHER INTERESTED FEDERAL DEPARTMENTS OR AGENCIES AND WITH STATE AND
LOCAL HEALTH DEPARTMENTS AND AGENCIES. FOR SUCH PURPOSE HE SHALL
UTILIZE INSOFAR AS POSSIBLE THE SERVICES OR FACILITIES OF ANY AGENCY OF
THE FEDERAL GOVERNMENT AND, WITHOUT REGARD TO SECTION 3709 OF THE
REVISED STATUTES (41 U.S.C. 5), OF ANY APPROPRIATE STATE OR OTHER PUBLIC
AGENCY, AND MAY, WITHOUT REGARD TO SUCH SECTION, UTILIZE THE SERVICES OR
FACILITIES OF ANY PRIVATE AGENCY, ORGANIZATION, GROUP, OR INDIVIDUAL, IN
ACCORDANCE WITH WRITTEN AGREEMENTS BETWEEN THE HEAD OF SUCH AGENCY,
ORGANIZATION, OR GROUP AND THE SECRETARY OR BETWEEN SUCH INDIVIDUAL AND
THE SECRETARY. PAYMENT, IF ANY, FOR SUCH SERVICES OR FACILITIES SHALL
BE MADE IN SUCH AMOUNTS AS MAY BE PROVIDED IN SUCH AGREEMENT.
"(G) TO SECURE UNIFORMITY IN THE REGISTRATION AND COLLECTION OF
MORTALITY, MORBIDITY, AND OTHER HEALTH DATA, THE SECRETARY SHALL PREPARE
AND DISTRIBUTE SUITABLE AND NECESSARY FORMS FOR THE COLLECTION AND
COMPILATION OF SUCH DATA WHICH SHALL BE PUBLISHED AS A PART OF THE
HEALTH REPORTS PUBLISHED BY THE SECRETARY.
"(H) THERE SHALL BE AN ANNUAL COLLECTION OF DATA FROM THE RECORDS OF
BIRTHS, DEATHS, MARRIAGES, AND DIVORCES IN REGISTRATION AREAS. THE DATA
SHALL BE OBTAINED ONLY FROM AND RESTRICTED TO SUCH RECORDS OF THE STATES
AND MUNICIPALITIES WHICH THE SECRETARY, IN HIS DISCRETION, DETERMINES
POSSESS RECORDS AFFORDING SATISFACTORY DATA IN NECESSARY DETAIL AND
FORM. EACH STATE OR REGISTRATION AREA SHALL BE PAID BY THE SECRETARY
THE FEDERAL SHARE OF ITS REASONABLE COSTS (AS DETERMINED BY THE
SECRETARY) FOR COLLECTING AND TRANSCRIBING (AT THE REQUEST OF THE
SECRETARY AND BY WHATEVER METHOD AUTHORIZED BY HIM) ITS RECORDS FOR SUCH
DATA.
"(I)(1) THERE IS ESTABLISHED IN THE OFFICE OF THE SECRETARY A
COMMITTEE TO BE KNOWN AS THE UNITED STATES NATIONAL COMMITTEE ON VITAL
AND HEALTH STATISTICS (HEREINAFTER IN THIS SUBSECTION REFERRED TO AS THE
'COMMITTEE') WHICH SHALL CONSIST OF FIFTEEN MEMBERS.
"(2)(A) THE MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE
SECRETARY FROM AMONG PERSONS WHO HAVE DISTINGUISHED THEMSELVES IN THE
FIELDS OF HEALTH STATISTICS, EPIDEMIOLOGY, AND THE PROVISION OF HEALTH
SERVICES. EXCEPT AS PROVIDED IN SUBPARAGRAPH (B), MEMBERS OF THE
COMMITTEE SHALL BE APPOINTED FOR TERMS OF THREE YEARS.
"(B) OF THE MEMBERS FIRST APPOINTED--,
"(I) FIVE SHALL BE APPOINTED FOR TERMS OF ONE YEAR,
"(II) FIVE SHALL BE APPOINTED FOR TERMS OF TWO YEARS, AND
"(III) FIVE SHALL BE APPOINTED FOR TERMS OF THREE YEARS,
AS DESIGNATED BY THE SECRETARY AT THE TIME OF APPOINTMENT. ANY MEMBER
APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE
TERM FOR WHICH HIS PREDECESSOR WAS APPOINTED SHALL BE APPOINTED ONLY FOR
THE REMAINDER OF SUCH TERM. A MEMBER MAY SERVE AFTER THE EXPIRATION OF
HIS TERM UNTIL HIS SUCCESSOR HAS TAKEN OFFICE.
"(3) MEMBERS OF THE COMMITTEE SHALL BE COMPENSATED IN ACCORDANCE WITH
SECTION 208(C). //POST, P. 369.//
"(4) IT SHALL BE THE FUNCTION OF THE COMMITTEE TO ASSIST AND ADVISE
THE SECRETARY--,
"(A) TO DELINEATE STATISTICAL PROBLEMS BEARING ON HEALTH AND
HEALTH SERVICES WHICH ARE OF NATIONAL OR INTERNATIONAL INTEREST;
"(B) TO STIMULATE STUDIES OF SUCH PROBLEMS BY OTHER
ORGANIZATIONS AND AGENCIES WHENEVER POSSIBLE OR TO MAKE
INVESTIGATIONS OF SUCH PROBLEMS THROUGH SUBCOMMITTEES;
"(C) TO DETERMINE, APPROVE, AND REVISE THE TERMS, DEFINITIONS,
CLASSIFICATIONS, AND GUIDELINES FOR ASSESSING HEALTH STATUS AND
HEALTH SERVICES, THEIR DISTRIBUTION AND COSTS, FOR USE (I) WITHIN
THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, (II) BY ALL
PROGRAMS ADMINISTERED OR FUNDED BY THE SECRETARY, INCLUDING THE
FEDERAL-STATE-LOCAL COOPERATIVE HEALTH STATISTICS SYSTEM REFERRED
TO IN SUBSECTION (E), AND (III) TO THE EXTENT POSSIBLE AS
DETERMINED BY THE HEAD OF THE AGENCY INVOLVED, BY THE VETERANS'
ADMINISTRATION, THE DEPARTMENT OF DEFENSE, AND OTHER FEDERAL
AGENCIES CONCERNED WITH HEALTH AND HEALTH SERVICES;
"(D) WITH RESPECT TO THE DESIGN OF AND APPROVAL OF HEALTH
STATISTICAL AND HEALTH INFORMATION SYSTEMS CONCERNED WITH THE
COLLECTION, PROCESSING, AND TABULATION OF HEALTH STATISTICS WITHIN
THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE;
"(E) TO REVIEW AND COMMENT ON FINDINGS AND PROPOSALS DEVELOPED
BY OTHER ORGANIZATIONS AND AGENCIES AND TO MAKE RECOMMENDATIONS
FOR THEIR ADOPTION OR IMPLEMENTATION BY LOCAL, STATE, NATIONAL, OR
INTERNATIONAL AGENCIES;
"(F) TO COOPERATE WITH NATIONAL COMMITTEES OF OTHER COUNTRIES
AND WITH THE WORLD HEALTH ORGANIZATION AND OTHER NATIONAL AGENCIES
IN THE STUDIES OF PROBLEMS OF MUTUAL INTEREST; AND
"(G) TO ISSUE AN ANNUAL REPORT ON THE STATE OF THE NATION'S
HEALTH, ITS HEALTH SERVICES, THEIR COSTS AND DISTRIBUTIONS, AND TO
MAKE PROPOSALS FOR IMPROVEMENT OF THE NATION'S HEALTH STATISTICS
AND HEALTH INFORMATION SYSTEMS.
"(5) IN CARRYING OUT HEALTH STATISTICAL ACTIVITIES UNDER THIS PART,
THE SECRETARY SHALL CONSULT WITH, AND SEEK THE ADVICE OF, THE COMMITTEE
AND OTHER APPROPRIATE PROFESSIONAL ADVISORY GROUPS."
SEC. 106. SECTION 308 IS REDESIGNATED AS SECTION 307 AND IS AMENDED
TO READ AS FOLLOWS: //74 STAT. 364, 42 USC 242F.//
"SEC. 307. (A) FOR THE PURPOSE OF ADVANCING THE STATUS OF THE HEALTH
SCIENCES IN THE UNITED STATES (AND THEREBY THE HEALTH OF THE AMERICAN
PEOPLE), THE SECRETARY MAY PARTICIPATE WITH OTHER COUNTRIES IN
COOPERATIVE ENDEAVORS IN BIOMEDICAL RESEARCH AND THE HEALTH SERVICES
RESEARCH AND STATISTICAL ACTIVITIES AUTHORIZED BY SECTIONS 304, 305, AND
306. //ANTE, PP. 362, 363, 365.//
"(B) IN CONNECTION WITH THE COOPERATIVE ENDEAVORS AUTHORIZED BY
SUBSECTION (A), THE SECRETARY MAY--,
"(1) MAKE SUCH USE OF RESOURCES OFFERED BY PARTICIPATING
FOREIGN COUNTRIES AS HE MAY FIND NECESSARY AND APPROPRIATE;
"(2) ESTABLISH AND MAINTAIN FELLOWSHIPS IN THE UNITED STATES
AND IN PARTICIPATING FOREIGN COUNTRIES;
"(3) MAKE GRANTS TO PUBLIC INSTITUTIONS OR AGENCIES AND TO
NONPROFIT PRIVATE INSTITUTIONS OR AGENCIES IN THE UNITED STATES
AND IN PARTICIPATING FOREIGN COUNTRIES FOR THE PURPOSE OF
ESTABLISHING AND MAINTAINING THE FELLOWSHIPS AUTHORIZED BY
PARAGRAPH (2);
"(4) MAKE GRANTS OR LOANS OF EQUIPMENT AND MATERIALS, FOR USE
BY PUBLIC OR NONPROFIT PRIVATE INSTITUTIONS OR AGENCIES, OR BY
INDIVIDUALS, IN PARTICIPATING FOREIGN COUNTRIES;
"(5) PARTICIPATE AND OTHERWISE COOPERATE IN ANY INTERNATIONAL
MEETINGS, CONFERENCES, OR OTHER ACTIVITIES CONCERNED WITH
BIOMEDICAL RESEARCH, HEALTH SERVICES RESEARCH, OR HEALTH
STATISTICS;
"(6) FACILITATE THE INTERCHANGE BETWEEN THE UNITED STATES AND
PARTICIPATING FOREIGN COUNTRIES, AND AMONG PARTICIPATING FOREIGN
COUNTRIES, OF RESEARCH SCIENTISTS AND EXPERTS WHO ARE ENGAGED IN
EXPERIMENTS AND PROGRAMS OF BIOMEDICAL RESEARCH, HEALTH SERVICES
RESEARCH, AND HEALTH STATISTICAL ACTIVITIES, AND IN CARRYING OUT
SUCH PURPOSE MAY PAY PER DIEM COMPENSATION, SUBSISTENCE, AND
TRAVEL FOR SUCH SCIENTISTS AND EXPERTS WHEN AWAY FROM THEIR PLACES
OF RESIDENCE AT RATES NOT TO EXCEED THOSE PROVIDED IN SECTION 5703
(B) OF TITLE 5, UNITED STATES CODE, //80 STAT. 499; 83 STAT.
190.// FOR PERSONS IN THE GOVERNMENT SERVICE EMPLOYED
INTERMITTENTLY; AND
"(7) PROCURE, IN ACCORDANCE WITH SECTION 3109 OF TITLE 5,
UNITED STATES CODE, //80 STAT. 416.// THE TEMPORARY OR
INTERMITTENT SERVICES OF EXPERTS OR CONSULTANTS.
THE SECRETARY MAY NOT, IN THE EXERCISE OF HIS AUTHORITY UNDER THIS
SECTION, PROVIDE FINANCIAL ASSISTANCE FOR THE CONSTRUCTION OF ANY
FACILITY IN ANY FOREIGN COUNTRY.".
SEC. 107. (A) PART A OF TITLE III //42 USC 241.// IS AMENDED BY
INSERTING AFTER SECTION 307 //ANTE, P. 367.// (AS SO REDESIGNATED) THE
FOLLOWING NEW SECTIONS:
"SEC. 308. (A)(1) NOT LATER THAN SEPTEMBER 1 OF EACH YEAR, THE
SECRETARY SHALL MAKE A REPORT TO CONGRESS RESPECTING (A) THE
ADMINISTRATION OF SECTIONS 304 THROUGH 307 DURING THE PRECEDING FISCAL
YEAR, AND (B) THE CURRENT STATE AND PROGRESS OF HEALTH SERVICES RESEARCH
AND HEALTH STATISTICS. //ANTE, P. 362.//
"(2) THE SECRETARY, ACTING THROUGH THE NATIONAL CENTER FOR HEALTH
SERVICES RESEARCH AND THE NATIONAL CENTER FOR HEALTH STATISTICS, SHALL
ASSEMBEL AND SUBMIT TO THE PRESIDENT AND THE CONGRESS NOT LATER THAN
SEPTEMBER 1 OF EACH YEAR THE FOLLOWING REPORTS:
"(A) A REPORT ON HEALTH CARE COSTS AND FINANCING. SUCH REPORT
SHALL INCLUDE A DESCRIPTION AND ANALYSIS OF THE STATISTICS
COLLECTED UNDER SECTION 306(B)(1)(G). //ANTE, P. 365.//
"(B) A REPORT ON HEALTH RESOURCES. SUCH REPORT SHALL INCLUDE A
DESCRIPTION AND ANALYSIS, BY GEOGRAPHIC AREA, OF THE STATISTICS
COLLECTED UNDER SECTION 306(B)(1)(E).
"(C) A REPORT ON THE UTILIZATION OF HEALTH RESOURCES. SUCH
REPORT SHALL INCLUDE A DESCRIPTION AND ANALYSIS, BY AGE, SEX,
INCOME, AND GEOGRAPHIC AREA, OF THE STATISTICS COLLECTED UNDER
SECTION 306(B)(1)(F).
"(D) A REPORT ON THE HEALTH OF THE NATIONHS PEOPLE. SUCH
REPORT SHALL INCLUDE A DESCRIPTION AND ANALYSIS, BY AGE, SEX,
INCOME, AND GEOGRAPHIC AREA, OF THE STATISTICS COLLECTED UNDER
SECTION 306 (B)(1)(A).
"(3) THE OFFICE OF MANAGEMENT AND BUDGET MAY REVIEW ANY REPORT
REQUIRED BY PARAGRAPH (1) OR (2) OF THIS SUBSECTION BEFORE ITS
SUBMISSION TO CONGRESS, BUT THE OFFICE MAY NOT REVISE ANY SUCH REPORT OR
DELAY ITS SUBMISSION BEYOND THE DATE PRESCRIBED FOR ITS SUBMISSION, AND
MAY SUBMIT TO CONGRESS ITS COMMENTS RESPECTING ANY SUCH REPORT.
"(B)(1) NO GRANT OR CONTRACT MAY BE MADE UNDER SECTION 304, 305, 306,
OR 307 UNLESS AN APPLICATION THEREFOR HAS BEEN SUBMITTED TO THE
SECRETARY IN SUCH FORM AND MANNER, AND CONTAINING SUCH INFORMATION, AS
THE SECRETARY MAY BY REGULATION PRESCRIBE.
"(2) EACH APPLICATION SUBMITTED FOR A GRANT OR CONTRACT UNDER SECTION
304 OR 305, //ANTE, PP. 362, 363.// IN AN AMOUNT EXCEEDING $35,000 OF
DIRECT COSTS AND FOR A HEALTH SERVICES RESEARCH, EVALUATION, OR
DEMONSTRATION PROJECT, SHALL BE SUBMITTED BY THE SECRETARY FOR REVIEW
FOR SCIENTIFIC MERIT TO A PANEL OF EXPERTS APPOINTED BY HIM FROM PERSONS
WHO ARE NOT OFFICERS OR EMPLOYEES OF THE UNITED STATES AND WHO POSSESS
QUALIFICATIONS RELEVANT TO THE PROJECT FOR WHICH THE APPLICATION WAS
MADE. A PANEL TO WHICH AN APPLICATION IS SUBMITTED UNDER THIS PARAGRAPH
SHALL REPORT ITS FINDINGS AND RECOMMENDATIONS RESPECTING THE APPLICATION
TO THE SECRETARY IN SUCH FORM AND MANNER AS THE SECRETARY SHALL BY
REGULATION PRESCRIBE.
"(3) IF AN APPLICATION IS SUBMITTED UNDER SECTION 304, 305, OR 306
FOR A GRANT OR CONTRACT FOR A PROJECT FOR WHICH A GRANT OR CONTRACT MAY
BE MADE OR ENTERED INTO UNDER ANOTHER PROVISION OF THIS ACT, SUCH
APPLICATION MAY NOT BE APPROVED UNDER SECTION 304, 305, OR 306 AND FUNDS
APPROPRIATED UNDER THIS SECTION MAY NOT BE OBLIGATED FOR SUCH GRANT OR
CONTRACT. THE APPLICANT WHO SUBMITTED SUCH APPLICATION SHALL BE
NOTIFIED OF THE OTHER PROVISION (OR PROVISIONS) OF THIS ACT UNDER WHICH
SUCH APPLICATION MAY BE SUBMITTED.
"(C) THE AGGREGATE NUMBER OF GRANTS AND CONTRACTS MADE OR ENTERED
INTO UNDER SECTIONS 304 AND 305 FOR ANY FISCAL YEAR RESPECTING A
PARTICULAR MEANS OF DELIVERY OF HEALTH SERVICES OR ANOTHER PARTICULAR
ASPECT OF HEALTH SERVICES MAY NOT EXCEED TWENTY; AND THE AGGREGATE
AMOUNT OF FUNDS OBLIGATED UNDER GRANTS AND CONTRACTS UNDER SUCH SECTIONS
FOR ANY FISCAL YEAR RESPECTING A PARTICULAR MEANS OF DELIVERY OF HEALTH
SERVICES OR ANOTHER PARTICULAR ASPECT OF HEALTH SERVICES MAY NOT EXCEED
$5,000,000.
"(D) NO INFORMATION OBTAINED IN THE COURSE OF ACTIVITIES UNDERTAKEN
OR SUPPORTED UNDER SECTION 304, 305, 306, OR 307 MAY BE USED FOR ANY
PURPOSE OTHER THAN THE PURPOSE FOR WHICH IT WAS SUPPLIED UNLESS
AUTHORIZED UNDER REGULATIONS OF THE SECRETARY; AND (1) IN THE CASE OF
INFORMATION OBTAINED IN THE COURSE OF HEALTH STATISTICAL ACTIVITIES
UNDER SECTION 304 OR 306, SUCH INFORMATION MAY NOT BE PUBLISHED OR
RELEASED IN OTHER FORM IF THE PARTICULAR ESTABLISHMENT OR PERSON
SUPPLYING THE INFORMATION OR DESCRIBED IN IT IS IDENTIFIABLE UNLESS SUCH
ESTABLISHMENT OR PERSON HAS CONSENTED (AS DETERMINED UNDER REGULATIONS
OF THE SECRETARY) TO ITS PUBLICATION OR RELEASE IN OTHER FORM, AND (2)
IN THE CASE OF INFORMATION OBTAINED IN THE COURSE OF HEALTH SERVICES
RESEARCH, EVALUATIONS, OR DEMONSTRATIONS UNDER SECTION 304 OR 305, SUCH
INFORMATION MAY NOT BE PUBLISHED OR RELEASED IN OTHER FORM IF THE PERSON
WHO SUPPLIED THE INFORMATION OR WHO IS DESCRIBED IN IT IS IDENTIFIABLE
UNLESS SUCH PERSON HAS CONSENTED (AS DETERMINED UNDER REGULATIONS OF THE
SECRETARY) TO ITS PUBLICATION OR RELEASE IN OTHER FORM.
"(E)(1) PAYMENTS OF ANY GRANT OR UNDER ANY CONTRACT UNDER SECTION
304, 305, 306, OR 307 MAY BE MADE IN ADVANCE OR BY WAY OF REIMBURSEMENT,
AND IN SUCH INSTALLMENTS AND ON SUCH CONDITIONS, AS THE SECRETARY DEEMS
NECESSARY TO CARRY OUT THE PURPOSES OF SUCH SECTION.
"(2) THE AMOUNTS OTHERWISE PAYABLE TO ANY PERSON UNDER A GRANT OR
CONTRACT MADE UNDER SECTION 304, 305, 306, OR 307 SHALL BE REDUCED BY--,
"(A) AMOUNTS EQUAL TO THE FAIR MARKET VALUE OF ANY EQUIPMENT OR
SUPPLIES FURNISHED TO SUCH PERSON BY THE SECRETARY FOR THE PURPOSE
OF CARRYING OUT THE PROJECT WITH RESPECT TO WHICH SUCH GRANT OR
CONTRACT IS MADE, AND
"(B) AMOUNTS EQUAL TO THE PAY, ALLOWANCES, TRAVELING EXPENSES,
AND RELATED PERSONNEL EXPENSES ATTRIBUTABLE TO THE PERFORMANCE OF
SERVICES BY AN OFFICER OR EMPLOYEE OF THE GOVERNMENT IN CONNECTION
WITH SUCH PROJECT, IF SUCH OFFICER OR EMPLOYEE WAS ASSIGNED OR
DETAILED BY THE SECRETARY TO PERFORM SUCH SERVICES,
BUT ONLY IF SUCH PERSON REQUESTED THE SECRETARY TO FURNISH SUCH
EQUIPMENT OR SUPPLIES, OR SUCH SERVICES, AS THE CASE MAY BE.
"(F) CONTRACTS MAY BE ENTERED INTO UNDER SECTION 304, 305, OR 306
//ANTE, PP. 362, 363, 365.// WITHOUT REGARD TO SECTIONS 3648 AND 3709 OF
THE REVISED STATUTES (31 U.S.C. 529; 41 U.S.C. 5).
"(G)(1) THE SECRETARY SHALL--,
"(A) PUBLISH, MAKE AVAILABLE AND DISSEMINATE, PROMPTLY IN
UNDERSTANDABLE FORM AND ON AS BROAD A BASIS AS PRACTICABLE, THE
RESULTS OF HEALTH SERVICES RESEARCH, DEMONSTRATIONS, AND
EVALUATIONS UNDERTAKEN AND SUPPORTED UNDER SECTIONS 304 AND 305;
"(B) MAKE AVAILABLE TO THE PUBLIC DATA DEVELOPED IN SUCH
RESEARCH, DEMONSTRATIONS, AND EVALUATIONS; AND
"(C) PROVIDE INDEXING, ABSTRACTING, TRANSLATING, PUBLISHING,
AND OTHER SERVICES LEADING TO A MORE EFFECTIVE AND TIMELY
DISSEMINATION OF INFORMATION ON HEALTH SERVICES RESEARCH,
DEMONSTRATIONS, AND EVALUATIONS IN HEALTH CARE DELIVERY TO PUBLIC
AND PRIVATE ENTITIES AND INDIVIDUALS ENGAGED IN THE IMPROVEMENT OF
HEALTH CARE DELIVERY AND THE GENERAL PUBLIC; AND UNDERTAKE
PROGRAMS TO DEVELOP NEW OR IMPROVED METHODS FOR MAKING SUCH
INFORMATION AVAILABLE.
EXCEPT AS PROVIDED IN SUBSECTION (D), THE SECRETARY MAY NOT RESTRICT THE
PUBLICATION AND DISSEMINATION OF DATA FROM, AND RESULTS OF PROJECTS
UNDERTAKEN BY, CENTERS SUPPORTED UNDER SECTION 305(D).
"(2) THE SECRETARY SHALL (A) TAKE SUCH ACTION AS MAY BE NECESSARY TO
ASSURE THAT STATISTICS DEVELOPED UNDER SECTIONS 304, 305, AND 306 ARE OF
HIGH QUALITY, TIMELY, COMPREHENSIVE AS WELL AS SPECIFIC, STANDARDIZED,
AND ADEQUATELY ANALYZED AND INDEXED, AND (B) PUBLISH, MAKE AVAILABLE,
AND DISSEMINATE SUCH STATISTICS ON AS WIDE A BASIS AS IS PRACTICABLE.
"(H)(1) EXCEPT WHERE THE SECRETARY DETERMINES THAT UNUSUAL
CIRCUMSTANCES MAKE A LARGER PERCENTAGE NECESSARY IN ORDER TO EFFECTUATE
THE PURPOSES OF SECTION 304, 305, OR 306, A GRANT OR CONTRACT UNDER
SECTION 304, 305, OR 306 WITH RESPECT TO ANY PROJECT FOR CONSTRUCTION OF
A FACILITY OR FOR ACQUISITION OF EQUIPMENT MAY NOT PROVIDE FOR PAYMENT
OF MORE THAN 50 PER CENTUM OF SO MUCH OF THE COST OF THE FACILITY OR
EQUIPMENT AS THE SECRETARY DETERMINES IS REASONABLY ATTRIBUTABLE TO
RESEARCH, EVALUATION, OR DEMONSTRATION PURPOSES.
"(2) LABORERS AND MECHANICS EMPLOYED BY CONTRACTORS AND
SUBCONTRACTORS IN THE CONSTRUCTION OF SUCH A FACILITY SHALL BE PAID
WAGES AT RATES NOT LESS THAN THOSE PREVAILING ON SIMILAR WORK IN THE
LOCALITY, AS DETERMINED BY THE SECRETARY OF LABOR IN ACCORDANCE WITH THE
ACT OF MARCH 3, 1931 (40 U.S.C. 267A - 267A - 5, KNOWN AS THE
DAVIS-BACON ACT); //46 STAT. 1494; 49 STAT. 1011, 40 USC 276A NOTE.//
AND THE SECRETARY OF LABOR SHALL HAVE WITH RESPECT TO ANY LABOR
STANDARDS SPECIFIED IN THIS PARAGRAPH THE AUTHORITY AND FUNCTIONS SET
FORTH IN REORGANIZATION PLAN NUMBERED 14 OF 1950 (5 U.S.C. APPENDIX)
//64 STAT. 1267.// AND SECTION 2 OF THE ACT OF JUNE 13, 1934 (40 U.S.C.
276C). //48 STAT. 948; 72 STAT. 967.//
"(3) SUCH GRANTS AND CONTRACTS SHALL BE SUBJECT TO SUCH ADDITIONAL
REQUIREMENTS AS THE SECRETARY MAY BY REGULATION PRESCRIBE.
"(I)(1) FOR HEALTH SERVICE RESEARCH, EVALUATION, AND DEMONSTRATION
ACTIVITIES UNDERTAKEN OR SUPPORTED UNDER SECTION 304 OR 305, THERE ARE
AUTHORIZED TO BE APPROPRIATED $65,200,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1975, AND $80,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976.
OF THE FUNDS APPROPRIATED UNDER THIS PARAGRAPH FOR ANY FISCAL YEAR, NOT
LESS THAN 25 PER CENTUM OF SUCH FUNDS SHALL BE MADE AVAILABLE ONLY FOR
HEALTH SERVICES RESEARCH, EVALUATION, AND DEMONSTRATION ACTIVITIES
DIRECTLY UNDERTAKEN BY THE SECRETARY UNDER SUCH SECTION.
"(2) FOR HEALTH STATISTICAL ACTIVITIES UNDERTAKEN OR SUPPORTED UNDER
SECTION 304 OR 306, THERE ARE AUTHORIZED TO BE APPROPRIATED $30,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND $30,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976.
"SEC. 309. A CONFERENCE OF THE HEALTH AUTHORITIES IN AND AMONG THE
SEVERAL STATES SHALL BE CALLED ANNUALLY BY THE SECRETARY. WHENEVER IN
HIS OPINION THE INTERESTS OF THE PUBLIC HEALTH WOULD BE PROMOTED BY A
CONFERENCE, THE SECRETARY MAY INVITE AS MANY OF SUCH HEALTH AUTHORITIES
AND OFFICIALS OF OTHER STATE OR LOCAL PUBLIC OR PRIVATE AGENCIES,
INSTITUTIONS, OR ORGANIZATIONS TO CONFER AS HE DEEMS NECESSARY OR
PROPER. UPON THE APPLICATION OF HEALTH AUTHORITIES OF FIVE OR MORE
STATES IT SHALL BE THE DUTY OF THE SECRETARY TO CALL A CONFERENCE OF ALL
STATE HEALTH AUTHORITIES JOINING IN THE REQUEST. EACH STATE REPRESENTED
AT ANY CONFERENCE SHALL BE ENTITLED TO A SINGLE VOTE. WHENEVER AT ANY
SUCH CONFERENCE MATTERS RELATING TO MENTAL HEALTH ARE TO BE DISCUSSED,
THE MENTAL HEALTH AUTHORITIES OF THE RESPECTIVE STATES SHALL BE INVITED
TO ATTEND.
"SEC. 310. FROM TIME TO TIME THE SECRETARY SHALL ISSUE INFORMATION
RELATED TO PUBLIC HEALTH, IN THE FORM OF PUBLICATIONS OR OTHERWISE, FOR
THE USE OF THE PUBLIC, AND SHALL PUBLISH WEEKLY REPORTS OF HEALTH
CONDITIONS IN THE UNITED STATES AND OTHER COUNTRIES AND OTHER PERTINENT
HEALTH INFORMATION FOR THE USE OF PERSONS AND INSTITUTIONS CONCERNED
WITH HEALTH SERVICES."
(B) THE AUTHORIZATIONS OF APPROPRIATIONS PROVIDED BY SECTION 308(I)
OF THE PUBLIC HEALTH SERVICE ACT //42 USC 242M NOTE.// IS EXTENDED FOR
THE FISCAL YEAR ENDING JUNE 30, 1977, IN THE AMOUNTS AUTHORIZED FOR THE
PRECEDING FISCAL YEAR UNLESS BEFORE JUNE 30, 1976, CONGRESS HAS PASSED
LEGISLATION REPEALING THIS SUBSECTION. //ANTE, P. 368.//
SEC. 108, //42 USC 253B.// (A) SUBJECT TO REGULATIONS OF THE
PRESIDENT, LIGHTKEEPERS, ASSISTANT LIGHTKEEPERS, AND OFFICERS AND CREWS
OF VESSELS OF THE FORMER LIGHTHOUSE SERVICE, INCLUDING ANY SUCH PERSONS
WHO SUBSEQUENT TO JUNE 30, 1939, WERE INVOLUNTARILY ASSIGNED TO OTHER
CIVILIAN DUTY IN THE COAST GUARD, WHO WERE ENTITLED TO MEDICAL RELIEF AT
HOSPITALS AND OTHER STATIONS OF THE PUBLIC HEALTH SERVICE PRIOR TO JULY
1, 1944, AND WHO RETIRED UNDER THE PROVISIONS OF SECTION 6 OF THE ACT OF
JUNE 20, 1918 (40 U.S.C. 763), //41 STAT. 608; 86 STAT. 761, 33 USC
763.// SHALL BE ENTITLED TO MEDICAL, SURGICAL, AND DENTAL TREATMENT AND
HOSPITALIZATION AT HOSPITALS AND OTHER STATIONS OF THE PUBLIC HEALTH
SERVICE.
(B) SUBSECTION (A) SHALL BE EFFECTIVE FROM DECEMBER 28, 1973.
SEC. 201. (A) EFFECTIVE JULY 1, 1974, SECTION 390 //79 STAT. 1059,
42 USC 280B.// IS AMENDED BY ADDING AFTER SUBSECTION (B) THE FOLLOWING
NEW SUBSECTION:
"(C) FOR THE PURPOSE OF GRANTS AND CONTRACTS UNDER SECTIONS 393, 394,
395, 396, AND 397, //42 USC 280B - 3 TO 280B - 8.// THERE ARE AUTHORIZED
TO BE APPROPRIATED $17,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975,
AND $20,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976."
(B) THE SECTION HEADING FOR SUCH SECTION IS AMENDED TO READ AS
FOLLOWS:
(C) THE AUTHORIZATION OF APPROPRIATIONS PROVIDED BY SECTION 390(C) OF
THE PUBLIC HEALTH SERVICE ACT //42 USC 280B NOTE.// IS EXTENDED FOR THE
FISCAL YEAR ENDING JUNE 30, 1977, IN THE AMOUNT AUTHORIZED FOR THE
PRECEDING FISCAL YEAR UNLESS BEFORE JUNE 30, 1976, CONGRESS HAS PASSED
LEGISLATION REPEALING THIS SUBSECTION.
SEC. 202. (A) SUBSECTION (B) OF SECTION 390 //79 STAT. 1059; 84
STAT. 64, 65.// IS AMENDED BY STRIKING OUT PARAGRAPH (1) AND BY
REDESIGNATING PARAGRAPHS (2) THROUGH (7) AS PARAGRAPHS (1) THROUGH (6),
RESECTIVELY.
(B) SECTION 391 IS AMENDED-- //42 USC 280B, 42 USC 280B - 1.//
(1) BY INSERTING "AND" AT THE END OF PARAGRAPH (2),
(2) BY STRIKING OUT PARAGRAPH (3), AND
(3) BY REDESIGNATING CLAUSE (4) AS PARAGRAPH (3).
(C) SECTION 392(B) //42 USC 280B - 2.// IS AMENDED TO READ AS
FOLLOWS:
"(B) THE BOARD SHALL ADVISE AND ASSIST THE SECRETARY IN THE
PREPARATION OF GENERAL REGULATIONS AND WITH RESPECT TO POLICY MATTERS
ARISING IN THE ADMINISTRATION OF THIS PART."
(D) SECTION 393 IS REPEALED. //42 USC 280B - 3.//
(E) SECTION 397(B) IS AMENDED-- //42 USC 280B - 8.//
(1) BY INSERTING "AND" AT THE END OF PARAGRAPH (4),
(2) BY STRIKING OUT "; AND" AT THE END OF PARAGRAPH (5) AND
INSERTING IN LIEU THEREOF A PERIOD, AND
(3) BY STRIKING OUT PARAGRAPH (6).
(F) THE FIRST SENTENCE OF SECTION 397(D) IS REPEALED. //42 USC 280B
- 4.//
SEC. 203. (A) THE FIRST SENTENCE OF SECTION 394(A) IS REPEALED; AND
THE SECOND SENTENCE OF SUCH SECTION IS AMENDED BY STRIKING OUT "SUMS
MADE AVAILABLE UNDER THIS SECTION SHALL BE UTILIZED BY THE SECRETARY IN
MAKING" AND INSERTING IN LIEU THEREOF "TO CARRY OUT THE PURPOSES OF
SECTION 390(B)(1), THE SECRETARY SHALL MAKE".
(B)(1) THE FIRST AND SECOND SENTENCES OF SECTION 395(A) //87 STAT.
92, 42 USC 280B - 5.// ARE REPEALED; AND THE THIRD SENTENCE OF SUCH
SECTION IS AMENDED BY STRIKING OUT "SUMS MADE AVAILABLE UNDER THIS
SUBSECTION SHALL BE UTILIZED BY THE SECRETARY TO" AND INSERTING IN LIEU
THEREOF "TO CARRY OUT THE PURPOSES OF SECTION 390(B)(2), THE SECRETARY
SHALL".
(2) THE FIRST AND SECOND SENTENCES OF SECTION 395(B) ARE REPEALED;
AND THE THIRD SENTENCE OF SUCH SECTION IS AMENDED (A) BY STRIKING OUT
"SUMS MADE AVAILABLE UNDER THIS SUBSECTION SHALL BE UTILIZED BY THE
SECRETARY IN MAKING" AND INSERTING IN LIEU THEREOF "TO CARRY OUT THE
PURPOSES OF SECTION 390(B)(3), THE SECRETARY SHALL MAKE", AND (B) BY
STRIKING OUT "ENTERING INTO CONTRACTS" AND INSERTING IN LIEU THEREOF
"ENTER INTO CONTRACTS".
(C)(1) THE FIRST SENTENCE OF SECTION 396(B) //42 USC 280B - 7.// IS
AMENDED BY STRIKING OUT "SUMS MADE AVAILABLE UNDER THIS SECTION SHALL BE
UTILIZED BY THE SECRETARY FOR MAKING" AND INSERTING IN LIEU THEREOF "TO
CARRY OUT THE PURPOSES OF SECTION 390(B)(4), THE SECRETARY SHALL MAKE".
(2) CLAUSES (A), (B), (C), AND (D) OF SECTION 396(B) ARE REDESIGNATED
AS CLAUSES (1), (2), (3), AND (4), RESPECTIVELY.
(3) SUBSECTION (A) OF SECTION 396 IS REPEALED AND SUBSECTIONS (B) AND
(C) OF SUCH SECTION ARE REDESIGNATED AS SUBSECTIONS (A) AND (B),
RESPECTIVELY.
(D)(1) THE FIRST SENTENCE OF SECTION 397(A) //42 USC 280B - 8.// IS
REPEALED; AND THE SECOND SENTENCE OF SUCH SECTION IS AMENDED BY
STRIKING OUT "SUMS MADE AVAILABLE UNDER THIS SECTION SHALL BE UTILIZED
BY THE SECRETARY, WITH THE ADVICE OF THE BOARD, TO MAKE" AND INSERTING
IN LIEU THEREOF "TO CARRY OUT THE PURPOSES OF SECTION 390(B)(5), THE
SECRETARY, WITH THE ADVICE OF THE BOARD, SHALL MAKE".
(2) THE SECTION HEADING FOR SECTION 397 IS AMENDED BY INSERTING "AND
CONTRACTS" AFTER "GRANTS".
(E) THE FIRST AND SECOND SENTENCES OF SECTION 398(A) //42 USC 280B -
9.// ARE REPEALED; AND THE THIRD SENTENCE OF SUCH SECTION IS AMENDED BY
STRIKING OUT "SUMS MADE AVAILABLE UNDER THIS SECTION SHALL BE UTILIZED
BY THE SECRETARY, WITH THE ADVICE OF THE BOARD, IN MAKING GRANTS TO, AND
ENTERING INTO APPROPRIATE CONTRACTS" AND INSERTING IN LIEU THEREOF "TO
CARRY OUT THE PURPOSES OF SECTION 390(B)(6), //79 STAT. 1059; 84 STAT.
64, 65, 42 USC 280B.// THE SECRETARY, WITH THE ADVICE OF THE BOARD,
SHALL MAKE GRANTS TO, AND ENTER INTO APPROPRIATE CONTRACTS".
SEC. 204. SECTION 399B IS REPEALED; //84 STAT. 65, 42 USC 280B -
12.// AND SECTIONS 394 THROUGH 399A ARE REDESIGNATED AS SECTIONS 393
THROUGH 399, RESPECTIVELY.
SEC. 205. THE AMENDMENTS MADE BY SECTIONS 202, 203, AND 204 SHALL
APPLY WITH RESPECT TO APPROPRIATIONS UNDER PART J OF THE PUBLIC HEALTH
SERVICE ACT FOR FISCAL YEARS BEGINNING AFTER JUNE 30, 1974. //42 USC
280B.//
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 757 (COMM. ON INTERSTATE AND FOREIGN
COMMERCE) AND NO. 93 - 1170 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 764 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
JAN. 21, CONSIDERED AND PASSED HOUSE.
MAY 2, CONSIDERED AND PASSED SENATE, AMENDED.
JULY 10, SENATE AGREED TO CONFERENCE REPORT.
JULY 11, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-352, 88 STAT 358, NATIONAL CANCER ACT AMENDMENTS OF
1974.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SEC. 101. THIS TITLE MAY BE CITED AS THE "NATIONAL CANCER ACT
AMENDMENTS OF 1974". //42 USC 282 NOTE.//
SEC. 102. SECTION 402(B) OF THE PUBLIC HEALTH SERVICE ACT //85 STAT.
784, 42 USC 282.// IS AMENDED--,
(1) BY STRIKING OUT "IN AMOUNTS NOT TO EXCEED "$35,000" IN
PARAGRAPH (1) AND INSERTING IN LIEU THEREOF "IF THE DIRECT COSTS
OF SUCH RESEARCH AND TRAINING DO NOT EXCEED $35,000, BUT ONLY";
AND
(2) BY STRIKING OUT "IN AMOUNTS EXCEEDING $35,000" IN PARAGRAPH
(2) AND INSERTING IN LIEU THEREOF "IF THE DIRECT COSTS OF SUCH
RESEARCH AND TRAINING EXCEED $35,000, BUT ONLY".
SEC. 103. //42 USC 286A.// SECTION 407(B)(4) OF THE PUBLIC HEALTH
SERVICE ACT IS AMENDED BY STRIKING OUT "ALL DATA" AND INSERTING IN LIEU
THEREOF "INFORMATION (INCLUDING INFORMATION RESPECTING NUTRITION
PROGRAMS FOR CANCER PATIENTS AND THE RELATIONSHIP BETWEEN NUTRITION AND
CANCER)"
SEC. 104. SECTION 407(B)(7) OF THE PUBLIC HEALTH SERVICE ACT IS
AMENDED BY STRIKING OUT "WHERE APPROPRIATE".
SEC. 105. SECTION 407(B)(9)(A) OF THE PUBLIC HEALTH SERVICE ACT IS
AMENDED BY INSERTING "(INCLUDING AN ESTIMATE OF THE NUMBER AND TYPE OF
PERSONNEL NEEDED FOR THE NATIONAL CANCER PROGRAM)" AFTER "BUDGET"
ESTIMATE".
SEC. 106. //42 USC 286B.// SECTION 408(A) OF THE PUBLIC HEALTH
SERVICE ACT IS AMENDED BY STRIKING OUT "FIFTEEN".
SEC. 107. //42 USC 286C.// (A) SUBSECTION (A) OF SECTION 409 OF THE
PUBLIC HEALTH SERVICE ACT IS AMENDED BY INSERTING BEFORE THE PERIOD AT
THE END THEREOF A COMMA AND THE FOLLOWING: "INCLUDING PROGRAMS TO
PROVIDE APPROPRIATE TRAILS OF PROGRAMS OF ROUTINE EXFOLIATIVE CYTOLOGY
TESTS CONDUCTED FOR THE DIAGNOSIS OF UTERINE CANCER".
(B) SUBSECTION (B) OF SUCH SECTION IS AMENDED BY STRIKING OUT "AND"
BEFORE "$40,000,000" AND BY INSERTING BEFORE THE PERIOD AT THE END
THEREOF A COMMA AND THE FOLLOWING: "$53,500,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1975, $68,500,000 FOR THE FISCAL YEAR ENDING JUNE 30,
1976, AND $88,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977".
SEC. 108. //42 USC 286D.// SECTION 410 OF THE PUBLIC HEALTH
ACT IS AMENDED--,
(1) BY STRIKING OUT "FIFTY" IN PARAGRAPH (1) AND INSERTING IN
LIEU THEREOF "ONE HUNDRED";
(2) BY STRIKING OUT "AND" AT THE END OF PARAGRAPH (7);
(3) BY STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (8) AND
INSERTING IN LIEU THEREOF "; AND";
(4) BY ADDING AFTER PARAGRAPH (8) THE FOLLOWING NEW PARAGRAPH:
"(9) TO AWARD GRANTS FOR NEW CONSTRUCTION AS WELL AS
ALTERATIONS AND RENOVATIONS FOR IMPROVEMENT OF BASIC RESEARCH
LABORATORY FACILITIES, INCLUDING THOSE RELATED TO BIOHAZARD
CONTROL, AS DEEMED NECESSARY FOR THE NATIONAL CANCER PROGRAM.";
AND
(5) BY INSERTING "(A)" AFTER "410." AND BY ADDING AFTER
PARAGRPAH (9) THE FOLLOWING NEW SUBSECTION:
"(B)(1) THE DIRECTOR OF THE NATIONAL CANCER INSTITUTE SHALL PROVIDE
AND CONTRACT FOR A PROGRAM TO DISSEMINATE AND INTERPRET, ON A CURRENT
BASIS, FOR PRACTITIONERS AND OTHER HEALTH PROFESSIONALS, SCIENTISTS, AND
THE GENERAL PUBLIC SCIENTIFIC AND OTHER INFORMATION RESPECTING THE
CAUSE, PREVENTION, DIAGNOSIS, AND TREATMENT OF CANCER.
"(2) THE DIRECTOR OF THE NATIONAL CANCER INSTITUTE SHALL INCLUDE IN
THE ANNUAL REPORT REQUIRED BY SECTION 410(A)(B) //85 STAT. 782, 42 USC
286E.// A REPORT ON THE PROGRESS, ACTIVITIES, AND ACCOMPLISHMENTS OF,
AND EXPENDITURES FOR, THE INFORMATION SERVICES OF THE NATIONAL CANCER
PROGRAM."
SEC. 109. SECTION 410C OF THE PUBLIC HEALTH SERVICE ACT IS AMENDED
BY STRIKING OUT "AND" BEFORE "$60,000,000" AND BY INSERTING BEFORE THE
PERIOD AT THE END THEREOF A SEMICOLON AND THE FOLLOWING: "$750,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975; $830,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976; AND $985,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1977".
SEC. 110. THE PART H OF THE PUBLIC HEALTH SERVICE ACT //ANTE, P.
135.// RELATING TO THE APPOINTMENT OF THE DIRECTORS OF THE NATIONAL
INSTITUTES OF HEALTH AND THE NATIONAL CANCER INSTITUTE IS REDESIGNATED
AS PART I, SECTION 461 OF SUCH PART IS REDESIGNATED AS SECTION 471, AND
SUCH PART IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTIONS:
"SEC. 472. //42 USC 2891 - 4.// (A) THE SECRETARY, AFTER
CONSULTATION WITH THE DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH,
AND, WHERE APPROPRIATE, THE DIRECTORS OF THE NATIONAL INSTITUTE OF
MENTAL HEALTH, THE NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM,
AND THE NATIONAL INSTITUTE ON DRUG ABUSE, SHALL BY REGULATION REQUIRE
APPROPRIATE SCIENTIFIC PEER REVIEW OF--,
"(1) APPLICATIONS MADE AFTER THE EFFECTIVE DATE OF SUCH
REGULATIONS FOR GRANTS UNDER THIS ACT FOR BIOMEDICAL AND
BAHAVIORAL RESEARCH; AND
"(2) BIOMEDICAL AND BEHAVIORAL RESEARCH AND DEVELOPMENT
CONTRACT PROJECTS TO BE ADMINSITERED AFTER SUCH EFFECTIVE DATE
THROUGH AN INSTITUTE ESTABLISHED UNDER THIS TITLE, THE NATIONAL
INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM, OR THE NATIONAL
INSTITUTE ON DRUG ABUSE.
"(B) REGULATIONS PROMULGATED UNDER SUBSECTION (A) SHALL, TO THE
EXTENT PRACTICAL, REQUIRE THAT THE REVIEW OF GRANT APPLICATIONS REQUIRED
BY THE REGULATIONS BE CONDUCTED--,
"(1) IN A MANNER CONSISTENT WITH THE SYSTEM FOR SCIENTIFIC PEER
REVIEW APPLICABLE ON THE DATE OF THE ENACTMENT OF THIS SECTION TO
APPLICATIONS FOR GRANTS UNDER THIS ACT FOR BIOMEDICAL AND
BEHAVIORAL RESEARCH, AND
"(2) BY PEER REVIEW GROUPS PERFORMING SUCH REVIEW ON OR BEFORE
SUCH DATE.
"(C) THE MEMBERS OF ANY PEER REVIEW GROUP ESTABLISHED UNDER SUCH
REGULATIONS SHALL BE INDIVIDUALS WHO BY VIRTUE OF THEIR TRAINING OR
EXPERIENCE ARE EMINENTLY QUALIFIED TO PERFORM THE REVIEW FUNCTIONS OF
THE GROUP AND NOT MORE THAN ONE-FOURTH OF THE MEMBERS OF ANY PEER REVIEW
GROUP ESTABLISHED UNDER SUCH REGULATIONS SHALL BE OFFICERS OR EMPLOYEEES
OF THE UNITED STATES."
SEC. 111. SECTION 301(H) OF THE PUBLIC HEALTH SERVICE ACT, //79
STAT. 448; 84 STAT. 1308, 42 USC 241.// IS AMENDED BY STRIKING OUT
"DURING THE FISCAL YEAR ENDING JUNE 30, 1966, AND EACH OF THE EIGHT
SUCCEEDING FISCAL YEARS".
SEC. 112. (A) THE FIRST SENTENCE OF SECTION 471 OF THE PUBLIC HEALTH
SERVICE ACT (AS SO REDESIGNATED BY SECTION 110) IS AMENDED TO READ AS
FOLLOWS: "THE DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH SHALL BE
APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE; AND THE DIRECTOR OF THE NATIONAL CANCER INSTITUTE SHALL BE
APPOINTED BY THE PRESIDENT."
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL APPLY WITH RESPECT TO
APPOINTMENTS TO THE OFFICE OF DIRECTOR OF THE NATIONAL INSTITUTES OF
HEALTH MADE AFTER THE DATE OF THE ENACTMENT OF THIS ACT.
SEC. 113. SECTION 601 OF THE MEDICAL FACILITIES CONSTRUCTION AND
MODERNIZATION AMENDMENTS OF 1970 IS AMENDED BY STRIKING OUT "ENDING
PRIOR TO JULY 1, 1974,".
SEC. 201. (A)(1) THERE IS ESTABLISHED THE PRESIDENT'S BIOMEDICAL
RESEARCH PANEL (HEREINAFTER IN THIS SECTION REFERRED TO AS THE "PANEL)
WHICH SHALL BE COMPOSED OF (A) THE CHAIRMAN OF THE PRESIDENT'S CANCER
PANEL (ESTABLISHED UNDER SECTION 407(C) OF THE PUBLIC HEALTH SERVICE
ACT); AND (B) SIX MEMBERS APPOINTED BY THE PRESIDENT WHO BY VIRTUE OF
THEIR TRAINING, EXPERIENCE, AND BACKGROUND ARE EXCEPTIONALLY QUALIFIED
TO CARRY OUT THE DUTIES OF THE PANEL. AT LEAST FIVE OF THE MEMBERS OF
THE PANEL SHALL BE DISTINGUISHED SCIENTISTS OR PHYSICIANS. THE
APPOINTED MEMBERS OF THE PANEL SHALL BE APPOINTED FOR THE LIFE OF THE
PANEL.
(2) THE PRESIDENT SHALL DESIGNATE ONE OF THE APPOINTED MEMBERS TO
SERVE AS CHAIRMAN OF THE PANEL.
(3) APPOINTED MEMBERS OF THE PANEL SHALL EACH BE ENTITLED TO RECEIVE
THE DAILY EQUIVALENT OF THE ANNUAL RATE OF BASIC PAY IN EFFECT FOR GRADE
GS-18 OF THE GENERAL SCHEDULE FOR EACH DAY (INCLUDING TRAVELTIME) DURING
WHICH THEY ARE ENGAGED IN THE ACTUAL PERFORMANCE OF DUTIES VESTED IN THE
PANEL; AND WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS IN
THE PERFORMANCE OF SERVICES FOR THE PANEL, ALL MEMBERS OF THE PANEL
SHALL BE ALLOWED TRAVEL EXPENSES, INCLUDING PER DIEM IN LIEU OF
SUBSISTENCE, IN THE SAME MANNER AS PERSONS EMPLOYED INTERMITTENTLY IN
THE GOVERNMENT SERVICE ARE ALLOWED EXPENSES UNDER SECTION 5703(B) OF
TITLE 5 OF THE UNITED STATES CODE.
(4) THE PANEL MAY APPOINT AND FIX THE PAY OF SUCH PERSONNEL AS IT
DEEMS NECESSARY TO CARRY OUT ITS DUTIES.
(B) THE PANEL SHALL--,
(1) REVIEW AND ASSESS,
(2) IDENTIFY AND MAKE RECOMMENDATIONS WITH RESPECT TO POLICY
ISSUES CONCERNING THE SUBJECT AND CONTENT OF, AND
(3) IDENTIFY AND MAKE RECOMMENDATIONS WITH RESPECT TO POLICY
ISSUES CONCERNING THE ORGANIZATION AND OPERATION OF,
BIOMEDICAL AND BEHAVIORAL RESEARCH CONDUCTED AND SUPPORTED UNDER
PROGRAMS OF THE NATIONAL INSTITUTES OF HEALTH AND THE NATIONAL INSTITUTE
OF MENTAL HEALTH.
(C)(1) NOT LATER THAN THE EXPIRATION OF THE 15-MONTH PERIOD BEGINNING
ON THE FIRST DAY OF THE FIRST MONTH THAT FOLLOWS THE DATE ON WHICH ALL
OF THE APPOINTED MEMBERS FO THE PANEL HAVE TAKEN OFFICE, THE PANEL SHALL
SUBMIT SIMULTANEOUSLY TO THE PRESIDENT AND TO THE CONGRESS A
COMPREHENSIVE REPORT OF (A) ITS FINDINGS MADE ON THE BASIS OF THE REVIEW
AND ASSESSMENT CONDUCTED UNDER CLAUSE (1) OF SUBSECTION (B). AND (B) THE
POLICY ISSUES IDENTIFIED UNDER CLAUSES (2) AND (3) OF SUCH SUBSECTION
AND THE PANEL'S RECOMMENDATIONS WITH RESPECT TO SUCH ISSUES.
(2) THE PANEL SHALL TERMINATE UPON THE EXPIRATION OF THE 18-MONTH
PERIOD BEGINNING ON THE FIRST DAY OF THE FIRST MONTH THAT FOLLOWS THE
DATE ON WHICH ALL OF THE APPOINTED MEMBERS OF THE PANEL HAVE TAKEN
OFFICE.
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 954 ACCOMPANYING H.R. 13053 (COMM. ON
INTERSTATE AND FOREIGN COMMERCE) AND NO. 93 - 1164 (COMM. OF
CONFERENCE).
SENATE REPORT NO. 93 - 736 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 26, CONSIDERED AND PASSED SENATE.
MAY 1, 2, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.
R. 13053.
JULY 9, HOUSE AGREED TO CONFERENCE REPORT.
JULY 10, SENATE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-351, 88 STAT 357, OLDER AMERICANS ACT OF 1965,
AMENDMENTS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT THE FIRST SENTENCE
OF SECTION 708 OF THE OLDER AMERICANS ACT //86 STAT. 94, 42 USC 3045G.//
IS AMENDED BY STRIKING OUT THE WORD "AND" BEFORE "$150,000,000" AND BY
INSERTING BEFORE THE PERIOD A COMMA AND THE FOLLOWING: "$150,000,000
FOR THE FISCAL YEAR ENDING JUNE 30, 1975, $200,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1976, AND $250,000,000 FOR THE FISCAL YEAR ENDING
JUNE 30, 1977".
SEC. 2. (A) SECTION 201(A) OF THE OLDER AMERICANS ACT (42 U.S.C.
3011) //87 STAT. 30.// IS AMENDED BY STRIKING OUT EVERYTHING IN SUCH
SECTION THAT FOLLOWS THE WORD "COMMISSIONER" THE SECOND TIME IT APPEARS
IN THE FOURTH SENTENCE OF SUCH SECTION AND INSERTING IN LIEU THEREOF A
PERIOD.
(B) ANY DELEGATION OF THE FUNCTIONS OF THE COMMISSIONER ON AGING IN
EFFECT ON THE DATE OF ENACTMENT OF THIS ACT, ISSUED PURSUANT TO SECTION
201(A) OF SUCH ACT, //42 USC 3011 NOTE.// SHALL BE MODIFIED BY THE
COMMISSIONER TO COMPLY WITH THE PROVISIONS OF THE AMENDMENT MADE BY THIS
SECTION.
SEC. 3. TITLE III OF THE OLDER AMERICANS ACT OF 1965 (42 U.S.C.
3021FF.) //87 STAT. 36, 42 USC 3021.// IS AMENDED BY ADDING THE
FOLLOWING NEW SECTION:
"SEC. 309. //42 USC 3029.// (A) THERE ARE AUTHORIZED TO BE
APPROPRIATED $35,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, TO
CARRY OUT THE PURPOSES OF THIS SECTION. FROM SUMS APPROPRIATED UNDER
THIS SECTION, THE COMMISSIONER IS AUTHORIZED TO MAKE GRANTS TO EACH
STATE HAVING A STATE PLAN APPROVED UNDER SECTION 305 //42 USC 3025.//
FOR THE PURPOSE OF PAYING UP TO 75 PER CENTUM OF THE COSTS OF MEETING
THE TRANSPORTATION NEEDS OF OLDER PERSONS, WITH SPECIAL EMPHASIS ON
PROVIDING SUPPORTIVE TRANSPORTATION IN CONNECTION WITH NUTRITION
PROJECTS OPERATED PURSUANT TO TITLE VII OF THIS ACT. //86 STAT. 88, 42
USC 3045.// SUMS APPROPRIATED UNDER THIS SECTION SHALL BE ALLOTTED TO
THE STATES IN ACCORDANCE WITH THE ALLOTMENT FORMULA CONTAINED IN SECTION
303. //4I USC 3023.//
"(B) THE ALLOTMENT TO A STATE UNDER THIS SECTION SHALL REMAIN
AVAILABLE UNTIL DECEMBER 31, 1975, FOR GRANTS AND CONTRACTS TO AREA
AGENCIES ON AGING, ORGANIZED UNDER SECTION 305(B), OR TO OTHER PUVLIC OR
NON-PROFIT PRIVATE AGENCIES THAT THE STATE AGENCY DETERMINES HAVE THE
CAPACITY TO MEET THE TRANSPORTATION NEEDS OF OLDER PERSONS AND TO
PROVIDE SUPPORTIVE TRANSPORTATION SERVICES IN CONNECTION WITH NUTRITION
PROJECTS OPERATED UNDER TITLE VII. IN MAKING GRANTS AND CONTRACTS UNDER
THIS SECTION, STATE AGENCIES SHALL GIVE PRIORITY TO APPLICANTS PROPOSING
TO SERVE AREAS IN WHICH THERE IS NO PUBLIC TRANSPORTATION OR IN WHICH
EXISTING PUBLIC TRANSPORTATION IS INADEQUATE TO MEED THE SPECIAL NEEDS
OF OLDER PERSONS.
"(C) WITHIN NINETY DAYS FOLLOWING THE ENACTMENT OF LEGISLATION
APPROPRIATING FUNDS AS AUTHORIZED BY THIS SECTION, THE COMMISSIONER
SHALL ISSUE FINAL REGULATIONS FOR IMPLEMENTATION OF THE PROGRAM HEREIN
AUTHORIZED.
"(D) THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO REQUEST THE
TECHNICAL ASSISTANCE AND COOPERATION OF THE SECRETARY OF TRANSPORTATION
AND SUCH OTHER DEPARTMENTS AND AGENCIES OF THE FEDERAL GOVERNMENT AS MAY
BE APPROPRIATE FOR THE PROPER AND EFFECTIVE ADMINISTRATION OF THIS
SECTION.".
SEC. 4. SECTION 201 OF PUBLIC LAW 93 - 113 (87 STAT. 401, OCTOBER 1,
1973) //42 USC 5001.// IS AMENDED BY INSERTING THE FOLLOWING NEW
SUBSECTION (B) AFTER SUBSECTION (A) AND REDESIGNATING THE PRESENT
SUBSECTION (B) AS SUBSECTION (C):
"(B) IN NO EVENT SHALL THE REQUIRED PROPORTION OF THE LOCAL
CONTRIBUTION (INCLUDING IN-KIND CONTRIBUTIONS) FOR A GRANT OR CONTRACT
MADE UNDER THIS SECTION BE MORE THAN 10 PERCENTUM IN THE FIRST YEAR OF
ASSISTANCE UNDER THIS SECTION, 20 PER CENTUM IN THE SECOND SUCH YEAR, 30
PER CENTUM IN THE THIRD SUCH YEAR, 40 PER CENTUM IN THE FOURTH SUCH
YEAR, AND 50 PER CENTUM IN ANY SUBSEQUENT SUCH YEARS: PROVIDED,
HOWEVER, THAT THE DIRECTOR MAY MAKE EXCEPTIONS IN CASES OF DEMONSTRATED
NEED, DETERMINED (IN ACCORDANCE WITH REGULATIONS WHICH THE DIRECTOR
SHALL PRESCRIBE) ON THE BASIS OF THE FINANCIAL CAPABILITY OF A
PARTICULAR RECIPIENT OF ASSISTANCE UNDER THIS SECTION, TO PERMIT A
LESSER LOCAL CONTRIBUTION PROPORTION THAN ANY REQUIRED CONTRIBUTION
PROPORTION ESTABLISHED BY THE DIRECTOR IN GENERALLY APPLICABLE
REGULATIONS.".
SEC. 5. SECTION 707 OF THE OLDER AMERICANS ACT OF 1965 //87 STAT.
56, 42 USC 3045F.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING NEW SUBSECTIONS:
"(D) IN DONATING COMMODITIES PURSUANT TO THIS SECTION, THE SECRETARY
OF AGRICULTURE SHALL MAINTAIN AN ANNUALLY PROGRAMED LEVEL OF ASSISTANCE
OF NOT LESS THAN 10 CENTS PER MEAL: PROVIDED, THAT THIS AMOUNT SHALL BE
ADJUSTED ON AN ANNUAL BASIS EACH FISCAL YEAR AFTER JUNE 30, 1975, TO
REFLECT 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. SUCH ADJUSTMENT SHALL BE COMPUTED TO THE NEAREST
ONE-FOURTH CENT. AMONG THE COMMODITIES DELIVERED UNDER THIS SECTION,
THE SECRETARY SHALL GIVE SPECIAL EMPHASIS TO HIGH PROTEIN FOODS, MEAT,
AND MEAT ALTERNATES. THE SECRETARY OF AGRICULTURE, IN CONSULTATION WITH
THE COMMISSIONER, IS AUTHORIZED TO PRESCRIBE THE TERMS AND CONDITIONS
RESPECTING THE DONATING OF COMMODITIES PURSUANT TO THIS SECTION, AND,
WITHIN NINETY DAYS AFTER THE DATE OF ENACTMENT OF THIS SUBSECTION (D),
THE SECRETARY OF AGRICULTURE SHALL ISSUE REGULATIONS GOVERNING THE
DONATION OF SUCH COMMODITIES.
"(E) THE SECRETARY OF AGRICULTURE IN CONSULTATION WITH THE
COMMISSIONER SHALL, WITHIN NINETY DAYS AFTER THE DATE OF ENACTMENT OF
THIS SUBSECTION, ISSUE REGULATIONS CLARIFYING THE USE OF FOOD STAMPS
UNDER THIS TITLE.".
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 914 (COMM. ON EDUCATION AND LABOR).
SENATE REPORT NO. 93 - 932 (COMM. ON LABOR AND PUBLIC WELFARE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAR. 19, CONSIDERED AND PASSED HOUSE.
JUNE 19, CONSIDERED AND PASSED SENATE, AMENDED.
JUNE 26, HOUSE CONCURRED IN SENATE AMENDMENTS WITH AN
AMENDMENT.
JUNE 27, SENATE CONCURRED IN HOUSE AMENDMENT.
PUBLIC LAW 93-350, 88 STAT 355
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 3307 OF
TITLE 5, UNITED STATES CODE, //86 STAT. 141.// IS AMENDED--,
(1) BY STRIKING OUT IN SUBSECTION (A) THEREOF "SUBSECTIONS (B)
AND (C)" AND INSERTING IN LIEU THEREOF "SUBSECTIONS (B), (C), AND
(D)"; AND
(2) BY ADDING THE FOLLOWING NEW SUBSECTION AT THE END THEREOF:
"(D) THE HEAD OF ANY AGENCY MAY, WITH THE CONCURRENCE OF SUCH AGENT
AS THE PRESIDENT MAY DESIGNATE, DETERMINE AND FIX THE MINUMUM AND
MAXIMUM LIMITS OF AGE WITHIN WHICH AN ORIGINAL APPOINTMENT MAY BE MADE
TO A POSITION AS A LAW ENFORCEMENT OFFICER OR FIREFIGHTER, AS DEFINED BY
SECTION 8331 (20) AND (21), RESPECTIVELY, OF THIS TITLE."
SEC. 2. (A) SECTION 8331(3) AND TITLE 5, UNITED STATES CODE, //80
STAT. 564, 1164.// IS AMENDED--,
(1) BY STRIKING OUT THE WORD "AND" AT THE END OF CLAUSE (B)(
II);
(2) BY INSERTING THE WORD "AND" IMMEDIATELY AFTER THE SEMICOLON
AT THE END OF SUBPARAGRAPH (C);
(3) BY ADDING IMMEDIATELY BELOW SUBPARAGRAPH (C) THE FOLLOWING
NEW SUBPARAGRAPH:
PAY UNDER SECTION 5545 (C)(2) OF THIS TITLE; //84 STAT. 198.//
AND
(4) BY STRIKING OUT "SUBPARAGRPAHS (B) AND (C) OF THIS
PARAGRAPH" AND INSERTING IN LIEU THEREOF "SUBPARAGRAPHS (B), (C),
AND (D) OF THIS PARAGRAPH".
(B) SECTION 5331 OF TITLE 5, UNITED STATES CODE, IS AMENDED--,
(1) BY STRIKING OUT "AND" AT THE END OF PARAGRAPH (18); //83
STAT. 136.//
(2) BY STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (19) AND
INSERTING IN LIEU THEREOF A SEMICOLON AND THE WORD "AND"; AND (3)
BY ADDING AT THE END THEREOF THE FOLLOWING:
"(20) 'LAW ENFORCEMENT OFFICER' MEANS AN EMPLOYEE, THE DUTIES
OF WHOSE POSITION ARE PRIMARILY THE INVESTIGATION, APPREHENSION,
OR DETENTION OF INDIVIDUALS SUSPECTED OR CONVICTED OF OFFENSES
AGAINST THE CRIMINAL LAWS OF THE UNITED STATES, INCLUDING AN
EMPLOYEE ENGAGED IN THIS ACTIVITY WHO IS TRANSFERRED TO A
SUPERVISORY OR ADMINISTRATIVE POSITION. FOR THE PUSPOSE OF THIS
PARAGRAPH, 'DETENTION' INCLUDES THE DUTIES OF--,
"(A) EMPLOYEES OF THE BUREAU OF PRISONS AND FEDERAL PRISON
INDUSTRIES, INCORPORATED;
"(B) EMPLOYEES OF THE PUBLIC HEALTH SERVICE ASSIGNED TO THE
FIELD SERVICE OF THE BUREAU OF PRISONS OR OF THE FEDERAL PRISON
INDUSTRIES, INCORPORATED;
"(C) EMPLOYEES IN THE FIELD SERVICE AT ARMY OR NAVY DISCI-
PLINARY BARRACKS OR AT CONFINEMENT AND REHABILITATION FACILITIES
OPERATED BY ANY OF THE ARMED FORCES; AND
"(D) EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS OF THE DISTRICT
OF COLUMBIA, ITS INDUSTRIES AND UTILITIES; WHOSE DUTIES IN
CONNECTION WITH INDIVIDUALS IN DETENTION SUSPECTED OR CONVICTED OF
OFFENSES AGAINST THE CRIMINAL LAWS OF THE UNITED STATES OR OF THE
DISTRICT OF COLUMBIA OR OFFENSES AGAINST THE PUNITIVE ARTICLES OF
THE UNIFORMED CODE OF MILITARY JUSTICE (CHAPTER 47 OF TITLE 10)
//10 USC 801.// REQUIRE FREQUENT (AS DETERMINED BY THE APPROPRIATE
ADMINISTRATIVE AUTHORITY WITH THE CONCURRENCE OF THE COMMISSION)
DIRECT CONTACT WITH THESE INDIVIDUALS IN THEIR DETENTION,
DIRECTION, SUPERVISION, INSPECTION, TRAINING, EMPLOYMENT, CARE,
TRANSPORTATION, OR REHABILITATION; AND
"(21) 'FIREFIGHTER' MEANS AN EMPLOYEE, THE DUTIES OF WHOSE
POSITION ARE PRIMARILY TO PERFORM WORK DIRECTLY CONNECTED WITH THE
CONTROL AND EXTINGUISHMENT OF FIRES OR THE MAINTENANCE AND USE OF
FIREFIGHTING APPARATUS AND EQUIPMENT, INCLUDING AN EMPLOYEE
ENGAGED IN THIS ACTIVITY WHO IS TRANSFERRED TO A SUPERVISORY OR
ADMINISTRATIVE POSITION."
SEC. 3. (A) THE FIRST SENTENCE OF SECTION 8334(A)(1) OF TITLE 5,
UNITED STATES CODE, //83 STAT. 136.// IS AMENDED BY INSERTING "A LAW
ENFORCEMENT OFFICER, AND A FIREFIGHTER," FOLLOWING "CONGRESSIONAL
EMPLOYEE,".
(B) THE FIRST SENTENCE OF SECTION 8334 (A) (1) OF TITLE 5, UNITED
STATES CODE, IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SCHEDULE:
FIREFIGHTER FOR FIREFIGHTER SERVICE.
SEC. 4. SECTION 8335 OF TITLE 5, UNITED STATES CODE, //80 STAT.
571; 86 STAT. 144.// IS AMENDED BY ADDING THE FOLLOWING NEW SUBSECTION
AT THE END THEREOF:
"(G) A LAW ENFORCEMENT OFFICER OR A FIREFIGHTER WHO IS OTHERWISE
ELIGIBLE FOR IMMEDIATE RETIREMENT UNDER SECTION 8336(C) OF THIS TITLE
SHALL BE SEPARATED FROM THE SERVICE ON THE LAST DAY OF THE MONTH IN
WHICH HE BECOMES 55 YEARS OF AGE OR COMPLETES 20 YEARS OF SERVICE IF
THEN OVER THAT AGE. THE HEAD OF THE AGENCY, WHEN IN HIS JUDGMENT THE
PUBLIC INTEREST SO REQUIRES, MAY EXEMPT SUCH AN EMPLOYEE FROM AUTOMATIC
SEPARATION UNDER THIS SUBSECTION UNTIL THAT EMPLOYEE BECOMES 60 YEARS OF
AGE. THE EMPLOYING OFFICE SHALL NOTIFY THE EMPLOYEE IN WRITING OF THE
DATE OF SEPARATION AT LEAST 60 DAYS IN ADVANCE THEREOF. ACTION TO
SEPARATE THE EMPLOYEE IS NOT EFFECTIVE, WITHOUT THE CONSENT OF THE
EMPLOYEE, UNTIL THE LAST DAY OF THE MONTH IN WHICH THE 60-DAY NOTICE
EXPIRES."
SEC. 5. SECTION 8336(C) OF TITLE 5, UNITED STATES CODE, //80 STAT.
571; 86 STAT. 539.// IS AMENDED TO READ AS FOLLOWS:
"(C) AN EMPLOYEE WHO IS SEPARATED FROM THE SERVICE AFTER BECOMING 50
YEARS OF AGE AND COMPLETING 20 YEARS OF SERVICE AS A LAW ENFORCEMENT
OFFICER OR FIREFIGHTER, OR ANY COMBINATION OF SUCH SERVICE TOTALING AT
LEAST 20 YEARS, IS ENTITLED TO AN ANNUITY."
SEC. 6. SECTION 8339(D) OF TITLE 5, UNITED STATES CODE, IS AMENDED
TO READ AS FOLLOWS:
"(D) THE ANNUITY OF AN EMPLOYEE RETIRING UNDER SECTION 8335(G) OR
8336(C) //80 STAT. 574. 80 STAT. 571.// OF THIS TITLE IS--,
"(A) 2 1/2 PERCENT OF HIS AVERAGE PAY MULTIPLIED BY SO MUCH OF
HIS TOTAL SERVICE AS DOES NOT EXCEED 20 YEARS; PLUS
"(B) 2 PERCENT OF HIS AVERAGE PAY MULTIPLIED BY SO MUCH OF HIS
TOTAL SERVICE AS EXCEEDS 20 YEARS."
SEC. 7. THE AMENDMENTS MADE BY THE FIRST SECTION, AND SECTIONS 2(B), 5,
AND 6, OF THIS ACT SHALL BECOME EFFECTIVE ON THE DATE OF ENACTMENT OF
THIS ACT. THE AMENDMENTS MADE BY SECTIONS 2(A) AND 3 OF THIS ACT //5
USC 3307 NOTE.// SHALL BECOME EFFECTIVE AT THE BEGINNING OF THE FIRST
APPLICABLE PAY PERIOD WHICH BEGINS AFTER DECEMBER 31, 1974. THE
AMENDMENTS MADE BY SECTION 4 OF THIS ACT SHALL BECOME EFFECTIVE ON
JANUARY 1, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 463 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 948 (COMM. ON POST OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): SEPT. 20, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): JUNE 24, CONSIDERED AND PASSED SENATE,
AMENDED.
JUNE 28, HOUSE CONCURRED IN SENATE AMENDMENTS.
PUBLIC LAW 93-349, 88 STAT 354.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 8348 OF
TITLE 5, UNITED STATES CODE, //80 STAT. 584; 83 STAT. 137.// IS AMENDED
BY ADDING AT THE END THEREOF THE FOLLOWING NEW SUBSECTION)
"(H)(1) NOTWITHSTANDING ANY OTHER STATUTE, THE UNITED STATES POSTAL
SERVICE SHALL BE LIABLE FOR THAT PORTION OF ANY ESTIMATED INCREASE IN
THE UNFUNDED LIABILITY OF THE FUND WHICH IS ATTRIBUTABLE TO ANY BENEFITS
PAYABLE FROM THE FUND TO ACTIVE AND RETIRED POSTAL SERVICE OFFICERS AND
EMPLOYEES, AND TO THEIR SURVIVORS, WHEN THE INCREASE RESULTS FROM AN
EMPLOYEE-MANAGEMENT AGREEMENT UNDER TITLE 39, //39 USC 101 ET SEQ.// OR
ANY ADMINISTRATIVE ACTION BY THE POSTAL SERVICE TAKEN PURSUANT TO LAW,
WHICH AUTHORIZES INCREASES IN PAY ON WHICH BENEFITS ARE COMPUTED.
"(2) THE ESTIMATED INCREASE IN THE UNFUNDED LIABILITY, REFERRED TO IN
PARAGRAPH (1) OF THIS SUBSECTION, SHALL BE DETERMINED BY THE CIVIL
SERVICE COMMISSION. THE UNITED STATES POSTAL SERVICE SHALL PAY THE
AMOUNT SO DETERMINED TO THE COMMISSION IN THIRTY EQUAL ANNUAL
INSTALLMENTS WITH INTEREST COMPUTED AT THE RATE USED IN THE MOST RECENT
VALUATION OF THE CIVIL SERVICE RETIREMENT SYSTEM, WITH THE FIRST PAYMENT
THEREOF DUE AT THE END OF THE FISCAL YEAR IN WHICH AN INCREASE IN PAY
BECOMES EFFECTIVE.".
SEC. 2. (A) THE LAST SENTENCE OF SECTION 1005(D) OF TITLE 39, UNITED
STATES CODE, IS REPEALED. //84 STAT. 731.//
(B) SECTION 1005(D) OF TITLE 39, UNITED STATES CODE, IS AMENDED BY
ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCE: "THE POSTAL
SERVICE SHALL PAY INTO THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND
THE AMOUNTS DETERMINED BY THE CIVIL SERVICE COMMISSION UNDER SECTION
8348(H) OF TITLE 5.".
SEC. 3. THE EFFECTIVE DATE OF THIS ACT //39 USC 1005 NOTE.// SHALL
BE JULY 1, 1971, EXCEPT THAT THE POSTAL SERVICE SHALL NOT BE REQUIRED TO
MAKE (1) THE PAYMENTS DUE JUNE 30, 1972, JUNE 30, 1973, AND JUNE 30,
1974, ATTRIBUTABLE TO PAY INCREASES GRANTED BY THE POSTAL SERVICE PRIOR
TO JULY 1, 1973, UNTIL SUCH TIME AS FUNDS ARE APPROPRIATED TO THE POSTAL
SERVICE FOR THAT PURPOSE, AND (2) THE TRANSFER TO THE CIVIL SERVICE
RETIREMENT AND DISABILITY FUND REQUIRED BY TIEL II OF THE TREASURY,
POSTAL SERVICE, AND GENERAL GOVERNMENT APPROPRIATION ACT, 1974, PUBLIC
LAW 93 - 143. //87 STAT. 513.//
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 120 (COMM. ON POST OFFICE AND CIVIL
SERVICE).
SENATE REPORT NO. 93 - 947 (COMM. ON POST OFFICE AND CIVIL SERVICE).
CONGRESSIONAL RECORD:
VOL. 119 (1973): MAY 7, CONSIDERED AND PASSED HOUSE.
VOL. 120 (1974): JUNE 21, CONSIDERED AND PASSED SENATE,
AMENDED.
JUNE 28, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-348, 88 STAT 342, NATIONAL RESEARCH ACT, NATIONAL
RESEARCH SERVICE AWARD ACT OF 1974.
BE IT ENACTED BY THE SENATE AND HOUSE OR REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. THIS ACT MAY BE CITED AS THE "NATIONAL RESEARCH ACT".
//42 USC 2891 - 1 NOTE.//
SEC. 101. //42 USC 2891 - 1 NOTE.// (A) CONGRESS FINDS AND DECLARES
THAT--,
(1) THE SUCCESS AND CONTINUED VIABILITY OF THE FEDERAL
BIOMEDICAL AND BEHAVIORAL RESEARCH EFFORT DEPENDS ON THE
AVAILABILITY OF EXCELLENT SCIENTISTS AND A NETWORK OF INSTITUTIONS
OF EXCELLENCE CAPABLE OF PRODUCING SUPERIOR RESEARCH PERSONNEL;
(2) DIRECT SUPPORT OF THE TRAINING OF SCIENTISTS FOR CAREERS IN
BIOMEDICAL AND BEHAVIORAL RESEARCH IS AN APPROPRIATE AND NECESSARY
ROLE FOR THE FEDERAL GOVERNMENT; AND
(3) GRADUATE RESEARCH ASSISTANCE PROGRAMS SHOULD BE THE KEY
ELEMENTS IN THE TRAINING PROGRAMS OF THE INSTITUTES OF THE
NATIONAL INSTITUTES OF HEALTH AND THE ALCOHOL, DRUG ABUSE, AND
MENTAL HEALTH ADMINISTRATION.
(B) IT IS THE PURPOSE OF THIS TITLE TO INCREASE THE CAPABILITY OF THE
INSTITUTES OF THE NATIONAL INSTITUTES OF HEALTH ALND THE ALCOHOL, DRUG
ABUSE, AND MENTAL HEALTH ADMINISTRATION TO CARRY OUT THEIR
RESPONSIBILITY OF MAINTAINING A SUPERIOR NATIONAL PROGRAM OF RESEARCH
INTO THE PHYSICAL AND MENTAL DISEASES AND IMPAIRMENTS OF MAN.
SEC. 103. THE PART H OF THE PUBLIC HEALTH SERVICE ACT //ANTE, P.
135.// RELATING TO THE APPOINTMENT OF THE DIRECTORS OF THE NATIONAL
INSTITUTES OF HEALTH AND THE NATIONAL CANCER INSTITUTE IS REDESIGNATED
AS PART I, SECTION 461 OF SUCH PART IS REDESIGNATED AS SECTION 471, AND
SUCH PART IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTIONS:
"SEC. 472. //4I USC 4821 - 1.// (A) (1) THE SECRETARY SHALL--,
"(1) BIOMEDICAL AND BEHAVORIAL RESEARCH AR THE NATIONAL
INSTITUTES OF HEALTH AND THE ALCOHOL, DRUG ABUSE, AND MENTAL
HEALTH ADMINISTRATION IN MATTERS RELATING TO THE CAUSE, DIAG-
NOSIS, PREVENTION, AND TREATMENT OF THE DISEASE (OR DISEASES) OR
OTHER HEALTH PROBLEMS TO WHICH THE ACTIVITIES OF THE INSTI- TUTES
AND ADMINISTRATION ARE DIRECTED,
"(II) TRAINING AT THE INSTITUTES AND ADMINISTRATION OF INDI-
VIDUALS TO UNDERTAKE SUCH RESEARCH, -
"(III) BIOMEDICAL AND BEHAVORIAL RESEARCH AT NON-FEDERAL -
PUBLIC INSTITUTIONS AND AT NONPROFIT PRIVATE INSTITUTIONS, AND
"(IV) PRE- AND POST DOCTORAL TRAINING AT SUCH PUBLIC AND
PRIVATE INSTITUTIONS OF INDIVIDUALS TO UNDERTAKE SUCH RESEARCH;
AND
"(B) MAKE GRANTS TO NON-FEDERAL PUBLIC INSTITUTIONS AND TO
NONPROFIT PRIVATE INSTITUTIONS TO ENABLE SUCH INSTITUTIONS TO MAKE
TO INDIVIDUALS SELECTED BY THEM NATIONAL RESEARCH SERVICE AWARDS
FOR RESEARCH (AND TRAINING TO UNDERTAKE SUCH RESEARCH) IN THE
MATTERS DESCRIBED IN SUBPARAGRAPH (A)(I).
A REFERENCE IN THIS SUBSECTION TO THE NATIONAL INSTITUTES OF HEALTH OR
THE ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH ADMINISTRATION SHALL BE
CONSIDERED TO INCLUDE THE INSTITUTES, DIVISIONS, AND BUREAUS INCLUDED IN
THE INSTITUTES OR UNDER THE ADMINSITRATION, AS THE CASE MAY BE.
"(2) NATIONAL RESEARCH SERVICE AWARDS MAY NOT BE USED TO SUPPORT
RESIDENCIES.
"(3) EFFECTIVE JULY 1, 1975, NATIONAL RESEARCH SERVICE AWARDS MAY BE
MADE FOR RESEARCH OR RESEARCH TRAINING IN ONLY THOSE SUBJECT AREAS FOR
WHICH, AS DETERMINED UNDER SECTION 473, THERE IS A NEED FOR PERSONNEL.
"(B)(1) NO NATIONAL RESEARCH SERVICE AWARD MAY BE MADE BY THE
SECRETARY TO ANY INDIVIDUAL UNLESS--,
"(A) THE INDIVIDUAL HAS SUBMITTED TO THE SECRETARY AN
APPLICATION THEREFOR AND THE SECRETARY HAS APPROVED THE
APPLICATION;
"(B) THE INDIVIDUAL PROVIDES, IN SUCH FORM AND MANNER AS THE
SECRETARY SHALL BY REGULATION PRESCRIBE, ASSURANCES SATISFACTORY
TO THE SECRETARY THAT THE INDIVIDUAL WILL MEET THE SERVICE
REQUIREMENT OF SUBSECTION (C)(1); AND
"(C) IN THE CASE OF A NATIONAL RESEARCH SERVICE AWARD FOR A
PURPOSE DESCRIBED IN SUBSECTION (A)(1)(A)(III) OR (A)(1)(A) (IV),
THE INDIVIDUAL HAS BEEN SPONSORED (IN SUCH MANNER AS THE SECRETARY
MAY BY REGULATION REQUIRE) BY THE INSTITUTION AT WHICH THE
RESEARCH OR TRAINING UNDER THE AWARD WILL BE CONDUCTED.
AN APPLICATION FOR AN AWARD SHALL BE IN SUCH FORM, SUBMITTED IN SUCH
MANNER, AND CONTAIN SUCH INFORMATION, AS THE SECRETARY MAY BE REGULATION
PRESCRIBE.
"(2) THE AWARD OF NATIONAL RESEARCH SERVICE AWARDS BY THE SECRETARY
UNDER SUBSECTION (A) AND THE MAKING OF GRANTS FOR SUCH AWARDS SHALL BE
SUBJECT TO REVIEW AND APPROVAL BY THE APPROPRIATE ADVISORY COUNCILS TO
THE ENTITIES OF THE NATIONAL INSTITUTES OF HEALTH AND THE ALCOHOL, DRUG
ABUSE, AND MENTAL HEALTH ADMINISTRATION (A) WHOSE ACTIVITIES RELATE TO
THE RESEARCH OR TRAINING UNDER THE AWARDS, OR (B) AT WHICH SUCH RESEARCH
OR TRAINING WILL BE CONDUCTED.
"(3) NO GRANT MAY BE MADE UNDER SUBSECTION (A)(1)(B) 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 MAY BY REGULATION
PRESCRIBE. SUBJECT TO THE PROVISIONS OF THIS SECTION OTHER THAN
PARAGRAPH (1) OF THIS SUBSECTION, NATIONAL RESEARCH SERVICE AWARDS MADE
UNDER A GRANT UNDER SUBSECTION (A)(1)(B) SHALL BE MADE IN ACCORDANCE
WITH SUCH REGULATIONS AS THE SECRETARY SHALL PRESCRIBE.
"(4) THE PERIOD OF ANY NATIONAL RESEARCH SERVICE AWARD MADE TO ANY
INDIVIDUAL UNDER SUBSECTION (A) MAY NOT EXCEED THREE YEARS IN THE
AGGREGATE UNLESS THE SECRETARY FOR GOOD CAUSE SHOWN WAIVES THE
APPLICATION OF THE THREE-YEAR LIMIT TO SUCH INDIVIDUAL.
"(5) NATIONAL RESEARCH SERVICE AWARDS SHALL PROVIDE FOR SUCH STIPENDS
AND ALLOWANCES (INCLUDING TRAVEL AND SUBSISTENCE EXPENSES AND DEPENDENCY
ALLOWANCES) FOR THE RECIPIENTS OF THE AWARDS AS THE SECRETARY MAY DEEM
NECESSARY. A NATIONAL RESEARCH SERVICE AWARD MADE TO AN INDIVIDUAL FOR
RESEARCH OR RESEARCH TRAINING AT A NON-FEDERAL PUBLIC OR NONPROFIT
PRIVATE INSTITUTION SHALL ALSO PROVIDE FOR PAYMENTS TO BE MADE TO THE
INSTITUTION FOR THE COST OF SUPPORT SERVICES (INCLUDING THE COST OF
FACULTY SALARIES, SUPPLIES, EQUIPMENT, GENERAL RESEARCH SUPPORT, AND
RELATED ITEMS) PROVIDED SUCH INDIVIDUAL BY SUCH INSTITUTION. THE AMOUNT
OF ANY SUCH PAYMENTS TO ANY INSTITUTION SHALL BE DETERMINED BY THE
SECRETARY AND SHALL BEAR A DIRECT RELATIONSHIP TO THE REASONABLE COSTS
OF THE INSTITUTION FOR ESTABLISHING AND MAINTAINING THE QUALITY OF ITS
BIOMEDICAL AND BEHAVIORAL RESEARCH AND TRAINING PROGRAMS.
"(C)(1)(A) EACH INDIVIDUAL WHO RECEIVES A NATIONAL RESEARCH SERVICE
AWARD SHALL, IN ACCORDANCE WITH PARAGRAPH (3), ENGAGE IN--,
"(I) HEALTH RESEARCH OR TEACHING,
"(II) IF AUTHORIZED UNDER SUBPARAGRAPH (B), SERVE AS A MEMBER
OF THE NATIONAL HEALTH SERVICE CORPS OR SERVE IN HIS SPECIALTY, OR
"(III) IF AUTHORIZED UNDER SUBPARAGRAPH (C), SERVE IN A HEALTH
RELATED ACTIVITY APPROVED UNDER THAT SUBPARAGRAPH,
FOR A PERIOD COMPUTED IN ACCORDANCE WITH PARAGRAPH (2).
"(B) ANY INDIVIDUAL WHO RECEIVED A NATIONAL RESEARCH SERVICE AWARD
AND WHO IS A PHYSICIAN, DENTIST, NURSE, OR OTHER INDIVIDUAL TRAINED TO
PROVIDE HEALTH CARE DIRECTLY TO INDIVIDUAL PATIENTS MAY, UPON
APPLICATION TO THE SECRETARY, BE AUTHORIZED BY THE SECRETARY TO--,
"(I) SERVE AS A MEMBER OF THE NATIONAL HEALTH SERVICE CORPS,
"(II) SERVE IN HIS SPECIALTY IN PRIVATE PRACTICE IN A
GEOGRAPHIC AREA DESIGNATED BY THE SECRETARY AS REQUIRING THAT
SPECIALTY, OR
"(III) PROVIDES SERVICES IN HIS SPECIALTY FOR A HEALTH
MAINTENANCE ORGANIZATION TO WHICH PAYMENTS MAY BE MADE UNDER
SECTION 1876 OF TITLE XCIII OF THE SOCIAL SECURITY ACT //86 STAT.
1396; 87 STAT. 970, 971, 42 USC 1395MM.// AND WHICH SERVES A
MEDICALLY UNDERSERVED POPULATION (AS DEFINED IN SECTION 1302(7) OF
THIS ACT),
IN LIEU OF ENGAGING IN HEALTH RESEARCH OR TEACHING IF THE SECRETARY
DETERMINES THAT THERE ARE NO SUITABLE HEALTH RESEARCH OR TEACHING
POSITIONS AVAILABLE TO SUCH INDIVIDUAL.
"(C) WHERE APPROPRIATE THE SECRETARY MAY, UPON APPLICATION, AUTHORIZE
A RECIPIENT OF A NATIONAL RESEARCH SERVICE AWARD, WHO IS NOT TRAINED TO
PROVIDE HEALTH CARE DIRECTLY TO INDIVIDUAL PATIENTS, TO ENGAGE IN A
HEALTH-RELATED ACTIVITY IN LIEU OF ENGAGING IN HEALTH RESEARCH OR
TEACHING IF THE SECRETARY DETERMINES THAT THERE ARE NO SUITABLE HEALTH
RESEARCH OR TEACHING POSITIONS AVAILABLE TO SUCH INDIVIDUAL.
"(2) FOR EACH YEAR FOR WHICH AN INDIVIDUAL RECEIVES A NATIONAL
RESEARCH SERVICE AWARD HE SHALL--,
"(A) FOR TWELVE MONTHS ENGAGE IN HEALTH RESEARCH OR TEACHING
OR, IF SO AUTHORIZED, SERVE AS A MEMBER OF THE NATIONAL HEALTH
SERVICE CORPS, OR
"(B) IF AUTHORIZED UNDER PARAGRAPH (1)(B) OR (1)(C), FOR TWENTY
MONTHS SERVE IN HIS SPECIALTY OR ENGAGE IN A HEALTH-RELATED
ACTIVITY.
"(3) THE REQUIREMENT OF PARAGRAPH (1) SHALL BE COMPLIED WITH BY ANY
INDIVIDUAL TO WHOM IT APPLIES WITHIN SUCH REASONABLE PERIOD OF TIME,
AFTER THE COMPLETION OF SUCH INDIVIDUAL'S AWARD, AS THE SECRETARY SHALL
BY REGULATION PRESCRIBE. THE SECRETARY SHALL (A) BY REGULATION
PRESCRIBE (I) THE TYPE OR RESEARCH AND TEACHING WHICH AN INDIVIDUAL MAY
ENGAGE IN TO COMPLY WITH SUCH REQUIREMENT, AND (II) SUCH OTHER
REQUIREMENTS RESPECTING SUCH RESEARCH AND TEACHING AND ALTERNATIVE
SERVICE AUTHORIZED UNDER PARAGRAPHS (1)(B) AND (1)(C) AS HE DEEMS
NECESSARY; AND (B) TO THE EXTENT FEASIBLE, PROVIDE THAT THE MEMBERS OF
THE NATIONAL HEALTH SERVICE CORPS WHO ARE SERVING IN THE CORPS TO MEET
THE REQUIREMENT OF PARAGRAPH (1) SHALL BE ASSIGNED TO PATIENT CARE AND
TO POSITIONS WHICH UTILIZE THE CLINICAL TRAINING AND EXPERIENCE OF THE
MEMBERS.
"(4)(A) IF ANY INDIVIDUAL TO WHOM THE REQUIREMENT OF PARAGRAPH (1) IS
APPLICABLE FAILS, WITHIN THE PERIOD PRESCRIBED BY PARAGRAPH (3), TO
COMPLY WITH SUCH REQUIREMENT, THE UNITED STATES SHALL BE ENTITLED TO
RECOVER FROM SUCH INDIVIDUAL AN AMOUNT DETERMINED IN ACCORDANCE WITH THE
FORMULA--(OMITTED 88 STAT. 345, PAGE 4) IN WHICH 'A' IS THE AMOUNT THE
UNITED STATES IS ENTITLED TO RECOVER; '0' IS THE SUM OF THE TOTAL
AMOUNT PAID UNDER ONE OR MORE NATIONAL RESEARCH SERVICE AWARDS TO SUCH
INDIVIDUAL AND THE INTEREST ON SUCH AMOUNT WHICH WOULD BE PAYABLE IF AT
THE TIME IT WAS PAID IT WAS A LOAN BEARING INTEREST AT A RATE FIXED BY
THE SECRETARY OF THE TREASURY AFTER TAKING INTO CONSIDERATION PRIVATE
CONSUMER RATES OF INTEREST PREVAILING AT THE TIME EACH AWARD TO SUCH
INDIVIDUAL WAS MADE; 'T' IS THE TOTAL NUMBER OF MONTHS IN SUCH
INDIVIDUAL'S SERVICE OBLIGATION; AND 'S' IS THE NUMBER OF MONTHS OF
SUCH OBLIGATION SERVED BY HIM IN ACCORDANCE WITH PARAGRAPHS (1) AND (2)
OF THIS SUBSECTION.
"(B) ANY AMOUNT WHICH THE UNITED STATES IS ENTITLED TO RECOVER UNDER
SUBPARAGRAPH (A) SHALL, WITHIN THE THREE-YEAR PERIOD BEGINNING ON THE
DATE THE UNITED STATES BECOMES ENTITLED TO RECOVER SUCH AMOUNT, BE PAID
TO THE UNITED STATES. UNTIL ANY AMOUNT DUE THE UNITED STATES UNDER
SUBPARAGRAPH (A) ON ACCOUNT OF ANY NATIONAL RESEARCH SERVICE AWARD IS
PAID, THERE SHALL ACCRUE TO THE UNITED STATES INTEREST ON SUCH AMOUNT AT
THE SAME RATE AS THAT FIXED BY THE SECRETARY OF THE TREASURY UNDER
SUBPARAGRAPH (A) TO DETERMINE THE AMOUNT DUE THE UNITED STATES.
"(4)(A) ANY OBLIGATION OF ANY INDIVIDUAL UNDER PARAGRAPH (3) SHALL BE
CANCELED UPON THE DEATH OF SUCH INDIVIDUAL.
"(B) THE SECRETARY SHALL BY REGULATION PROVIDE FOR THE WAIVER OR
SUSPENSION OF ANY SUCH OBLIGATION APPLICABLE TO ANY INDIVIDUAL WHENEVER
COMPLIANCE BY SUCH INDIVIDUAL IS IMPOSSIBLE OR WOULD INVOLVE EXTREME
HARDSHIP TO SUCH INDIVIDUAL AND IF ENFORCEMENT OF SUCH OBLIGATION WITH
RESPECT TO ANY INDIVIDUAL WOULD BE AGAINST EQUITY AND GOOD CONSCIENCE.
"(D) THERE ARE AUTHORIZED TO BE APPROPRIATED TO MAKE PAYMENTS UNDER
NATIONAL RESEARCH SERVICE AWARDS AND UNDER GRANTS FOR SUCH AWARDS
$207,947,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975. OF THE SUMS
APPROPRIATED UNDER THIS SUBSECTION, NOT LESS THAN 25 PER CENTUM SHALL BE
MADE AVAILABLE FOR PAYMENTS UNDER NATIONAL RESEARCH SERVICE AWARDS
PROVIDED BY THE SECRETARY UNDER SUBSECTION (A)(1)(A).
SEC. 473. //42 USC 2891 - 2.// (A) THE SECRETARY SHALL, IN
ACCORDANCE WITH SUBSECTION (B) ARRANGE FOR THE CONDUCT OF A CONTINUING
STUDY TO--,
"(1) ESTABLISH (A) THE NATION'S OVERALL NEED FOR BIOMEDICAL AND
BEHAVIORAL RESEARCH PERSONNEL, (B) THE SUBJECT AREAS IN WHICH SUCH
PERSONNEL ARE NEEDED AND THE NUMBER OF SUCH PERSONNEL NEEDED IN
EACH SUCH AREA, AND (C) THE KINDS AND EXTENT OF TRAINING WHICH
SHOULD BE PROVIDED SUCH PERSONNEL;
"(2) ASSESS (A) CURRENT TRAINING PROGRAMS AVAILABLE FOR THE
TRAINING OF BIOMEDICAL AND BEHAVIORAL RESEARCH PERSONNEL WHICH ARE
CONDUCTED UNDER THIS ACT AT OR THROUGH INSTITUTES UNDER THE
NATIONAL INSTITUTES OF HEALTH AND THE ALCOHOL, DRUG ABUSE, AND
MENTAL HEALTH ADMINISTRATION, AND (B) OTHER CURRENT TRAINING
PROGRAMS AVAILABLE FOR THE TRAINING OF SUCH PERSONNEL;
"(3) IDENTIFY THE KINDS OF RESEARCH POSITIONS AVAILABLE TO AND
HELD BY INDIVIDUALS COMPLETING SUCH PROGRAMS;
"(4) DETERMINE, TO THE EXTENT FEASIBLE, WHETHER THE PROGRAMS
REFERRED TO IN CLAUSE (B) OF PARAGRAPH (2) WOULD BE ADEQUATE TO
MEET THE NEEDS ESTABLISHED UNDER PARAGRAPH (1) IF THE PROGRAMS
REFERRED TO IN CLAUSE (A) OF PARAGRAPH (2) WERE TERMINATED; AND
"(5) DETERMINE WHAT MODIFICATIONS IN THE PROGRAMS REFERRED TO
IN PARAGRAPH (2) ARE REQUIRED TO MEET THE NEEDS ESTABLISHED UNDER
PARAGRAPH (1).
"(B)(1) THE SECRETARY SHALL REQUEST THE NATIONAL ACADEMY OF SCIENCES
TO CONDUCT THE STUDY REQUIRED BY SUBSECTION (A) UNDER AN ARRANGEMENT
UNDER WHICH THE ACTUAL EXPENSES INCURRED BY SUCH ACADEMY IN CONDUCTING
SUCH STUDY WILL BE PAID BY THE SECRETARY SHALL ENTER INTO SUCH AN
ARRANGEMENT WITH SUCH ACADEMY FOR THE CONDUCT OF SUCH STUDY.
"(2) IF THE NATIONAL ACADEMY OF SCIENCES IS UNWILLING TO CONDUCT SUCH
STUDY UNDER SUCH AN ARRANGEMENT, THEN THE SECRETARY SHALL ENTER INTO A
SIMILAR ARRAGNEMENT WITH OTHER APPROPRIATE NONPROFIT PRIVATE GROUPS OR
ASSOCIATIONS UNDER WHICH SUCH GROUPS OR ASSOCIATIONS WILL CONDUCT SUCH
STUDY AND PREPARE AND SUBMIT THE REPORTS THEREON AS PROVIDED IN
SUBSECTION (C).
"(C) A REPORT ON THE RESULTS OF SUCH STUDY SHALL BE SUBMITTED BY THE
SECRETARY TO THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE
HOUSE OF REPRESENTATIVES AND THE COMMITTEE ON LABOR AND PUBLIC WELFARE
OF THE SENATE NOT LATER THAN MARCH 31 OF EACH YEAR."
SEC. 104. (A)(1) SECTION 301 OF THE PUBLIC HEALTH SERVICE ACT //58
STAT. 691; 79 STAT. 448, 42 USC 241.// IS AMENDED (A) BY STRIKING OUT
PARAGRAPH (C); (B) BY STRIKING OUT IN PARAGRAPH (D) "OR RESEARCH
TRAINING" EACH PLACE IT OCCURS, "AND RESEARCH TRAINING PROGRAMS", AND
"AND RESEARCH TRAINING PROGRAM"; AND (C) BY REDESIGNATING PARAGRAPHS
(D), (E), (F), (G), (H), AND (I) AS PARAGRAPHS (C), (D), (E), (F), (G),
AND (H), RESPECTIVELY.
(2)(A) SECTION 303(A)(1) OF SUCH ACT //70 STAT. 929, 42 USC 242A.//
IS AMENDED TO READ AS FOLLOWS:
"(1) TO PROVIDE CLINICAL TRAINING AND INSTRUCTION AND TO
ESTABLISH AND MAINTAIN CLINICAL TRAINEESHIPS (WITH SUCH STIPENDS
AND ALLOWANCES (INCLUDING TRAVEL AND SUBSISTENCE EXPENSES AND
DEPENDENCY ALLOWANCES) FOR THE TRAINEES AS THE SECRETARY MAY DEEM
NECESSARY);".
(B) SECTION 303(B) OF SUCH ACT //60 STAT. 423.// IS AMENDED BY
INSERTING BEFORE THE FIRST SENTENCE THE FOLLOWING: "THE SECRETARY MAY
PROVIDE FOR TRAINING, INSTRUCTION, AND TRAINEESHIPS UNDER SUBSECTION
(A)(1) THROUGH GRANTS TO PUBLIC AND OTHER NONPROFIT INSTITUTIONS.".
(3) SECTION 402(A) OF SUCH ACT //58 STAT. 707; 85 STAT. 784, 42 USC
282.// IS AMENDED (A) BY STRIKING OUT "TRAINING AND INSTRUCTION" IN
PARAGRAPH (3) AND INSERTING IN LIEU THEREOF "CLINICAL TRAINING AND
INSTRUCTION", AND (B) BY STRIKING OUT PARAGRAPH (4) AND BY REDESIGNATING
PARAGRAPHS (5), (6), AND (7) AS PARAGRAPHS (4), (5), AND (6),
RESPECTIVELY.
(4) SECTION 407(B)(7) OF SUCH ACT //85 STAT. 779, 42 USC 286A.// IS
AMENDED (A) BY STRIKING OUT "AND BASIC RESEARCH AND TREATMENT", AND (B)
BY STRIKING OUT "WHERE APPROPRIATE".
(5) SECTION 408(B)(3) OF SUCH ACT //85 STAT. 781, 42 USC 286B.// IS
AMENDED BY INSERTING "CLINICAL" BEFORE "TRAINING" EACH PLACE IT OCCURS.
(6) SECTION 412(7) OF SUCH ACT //62 STAT. 464; 86 STAT. 686, 42 USC
287A.// IS AMENDED BY STRIKING OUT "(1) ESTABLISH AND MAINTAIN" AND ALL
THAT FOLLOWS DOWN THROUGH AND INCLUDING "MAINTAIN TRAINEESHIPS" AND
INSERTING IN LIEU THEREOF ", PROVIDE CLINICAL TRAINING AND INSTRUCTION
AND ESTABLISH AND MAINTAIN CLINICAL TRAINEESHIPS".
(7) SECTION 413(A)(7) //86 STAT. 680, 42 USC 287B.// IS AMENDED BY
INSERTING "CLINICAL" BEFORE "PROGRAMS".
(8) SECTION 415(B) //86 STAT. 683, 42 USC 287D// IS AMENDED BY
INSERTING BEFORE THE PERIOD AT THE END OF THE LAST SENTENCE THEREOF THE
FOLLOWING: "; AND THE TERM 'TRAINING' DOES NOT INCLUDE RESEARCH
TRAINING FOR WHICH FELLOWSHIP SUPPORT MAY BE PROVIDED UNDER SECTION
472".
(9) SECTION 422 OF SUCH ACT //62 STAT. 598, 42 USC 288A.// IS AMENDED
(A) BY STRIKING OUT PARAGRPAH (C) AND BY REDESIGNATING PARAGRAPHS (D),
(E), AND (F) AS PARAGRAPHS (C), (D), AND (E), RESPECTIVELY, AND (B) BY
STRIKING OUT "TRAINING AND INSTRUCTION AND ESTABLISH AND MAINTAIN
TRAINEESHIPS" IN PARAGRAPH (E) (AS SO REDESIGNATED) AND INSETTING IN
LIEU THEREOF "CLINICAL TRAINING AND INSTRUCTION AND ESTABLISH AND
MAINTAIN CLINICAL TRAINEESHIPS".
(10) SECTION 434(C)(2) OF SUCH ACT //86 STAT. 162, 42 USC 289C - 1.//
IS AMENDED BY INSERTING "(OTHER THAN RESEARCH TRAINING FOR WHICH
NATIONAL RESEARCH SERVICE AWARDS MAY BE MADE UNDER SECTION 472)" AFTER
"TRAINING" THE FIRST TIME IT OCCURS.
(11) SECTIONS 433(A), 444, AND 453 OF SUCH ACT //82 STAT. 785. 76
STAT. 1073, 82 STAT. 772, 42 USC 289C, 289G, 289K.// ARE EACH AMENDED BY
STRIKING OUT THE SECOND SENTENCE THEREOF.
(12) THE HEADING FOR PART I OF TITLE IV OF SUCH ACT (AS SO
REDESIGNATED BY SECTION 103) IS AMENDED BY STRIKING OUT "ADMINISTRATIVE"
AND INSERTING IN LIEU THEREOF "GENERAL."
(B) THE AMENDMENTS MADE BY SUBSECTION (A) //ANTE, P. 342.// SHALL NOT
APPLY WITH RESPECT TO COMMITMENTS MADE BEFORE THE DATE OF THE ENACTMENT
OF THIS ACT BY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE FOR
RESEARCH TRAINING UNDER THE PROVISIONS OF THE PUBLIC HEALTH SERVICE ACT
AMENDED OR REPEALED BY SUBSECTION (A).
SEC. 105. SECTION 799A OF THE PUBLIC HEALTH SERVICE ACT //85 STAT.
461, 42 USC 295H - 9.// IS AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: "IN THE CASE OF A SCHOOL OF MEDICINE WHICH--,
"(1) ON THE DATE OF THE ENACTMENT OF THIS SENTENCE IS IN THE
PROCESS OF CHANGING ITS STATUS AS AN INSTITUTION WHICH ADMITS ONLY
FEMALE STUDENTS TO THAT OF AN INSTITUTION WHICH ADMITS STUDENTS
WITHOUT REGARD TO THEIR SEX, AND
"(2) IS CARRYING OUT SUCH CHANGE IN ACCORDANCE WITH A PLAN
APPROVED BY THE SECRETARY,
THE PROVISIONS OF THE PRECEDING SENTENCES OF THIS SECTION SHALL APPLY
ONLY WITH RESPECT TO A GRANT, CONTRACT, LOAN GUARANTEE, OR INTEREST
SUBSIDY TO, OR FOR THE BENEFIT OF SUCH A SCHOOL FOR A FISCAL YEAR
BEGINNING AFTER JUNE 30, 1979."
SEC. 106. SECTION 773(A) OF THE PUBLIC HEALTH SERVICE ACT //85 STAT.
446, 42 USC 295F - 3.// IS AMENDED (1) BY STRIKING OUT "$10,000,000" AND
INSERTING IN LIEU THEREOF "$15,000,000", AND (2) BY STRIKING OUT "1972"
EACH PLACE IT OCCURS IN THE LAST SENTENCE THEREOF AND INSERTING IN LIEU
THEREOF "1974".
SEC. 201. //42 USC 2891 - 1 NOTE.// (A) THERE IS ESTABLISHED A
COMMISSION TO BE KNOWN AS THE NATIONAL COMMISSION FOR THE PROTECTION OF
HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH (HEREINAFTER IN
THIS TITLE REFERRED TO AS THE "COMMISSION").
(B)(1) THE COMMISSION SHALL BE COMPOSED OF ELEVEN MEMBERS APPOINTED
BY THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE (HEREINAFTER IN THIS
TITLE REFERRED TO AS THE "SECRETARY"). THE SECRETARY SHALL SELECT
MEMBERS OF THE COMMISSION FROM INDIVIDUALS DISTINGUISHED IN THE FIELDS
OF MEDICINE, LAW, ETHICS, THEOLOGY, THE BIOLOGICAL, PHYSICAL, BEHAVIORAL
AND SOCIAL SCIENCES, PHILOSOPHY, HUMANITIES, HEALTH ADMINISTRATION,
GOVERNMENT, AND PUBLIC AFFAIRS; BUT FIVE (AND NOT MORE THAN FIVE) OF
THE MEMBERS OF THE COMMISSION SHALL BE INDIVIDUALS WHO ARE OR WHO HAVE
BEEN ENGAGED IN BIOMEDICAL OR BEHAVIORAL RESEARCH INVOLVING HUMAN
SUBJECTS. IN APPOINTING MEMBERS OF THE COMMISSION, THE SECRETARY SHALL
GIVE CONSIDERATION TO RECOMMENDATIONS FROM THE NATIONAL ACADEMY OF
SCIENCES AND OTHER APPROPRIATE ENTITIES. MEMBERS OF THE COMMISSION
SHALL BE APPOINTED FOR THE LIFE OF THE COMMISSION. THE SECRETARY SHALL
APPOINT THE MEMBERS OF THE COMMISSION WITHIN SIXTY DAYS OF THE DATE OF
THE ENACTMENT OF THIS ACT.
(2)(A) EXCEPT AS PROVIDED IN SUBPARAGRAPH (B), MEMBERS OF THE
COMMISSION SHALL EACH BE ENTITLED TO RECEIVE THE DAILY EQUIVALENT OF THE
ANNUAL RATE OF THE BASIC PAY IN EFFECT FOR GRADE GS-18 OF THE GENERAL
SCHEDULE //5 USC 5332 NOTE.// FOR EACH DAY (INCLUDING TRAVELTIME) DURING
WHICH THEY ARE ENGAGED IN THE ACTUAL PERFORMANCE OF THE DUTIES OF THE
COMMISSION.
(B) MEMBERS OF THE COMMISSION WHO ARE FULL-TIME OFFICERS OR EMPLOYEES
OF THE UNITED STATES SHALL RECEIVE NO ADDITIONAL PAY ON ACCOUNT OF THEIR
SERVICE ON THE COMMISSION.
(C) WHILE AWAY FROM THEIR HOMES OR REGULAR PLACES OF BUSINESS IN THE
PERFORMANCE OF DUTIES OF THE COMMISSION, MEMBERS OF THE COMMISSION SHALL
BE ALLOWED TRAVEL EXPENSES, INCLUDING PER DIEM IN LIEU OF SUBSISTENCE,
IN THE SAME MANNER AS PERSONS EMPLOYED INTERMITTENTLY IN THE GOVERNMENT
SERVICE ARE ALLOWED EXPENSES UNDER SECTION 5703(B) OF TITLE 5 OF THE
UNITED STATES CODE. //80 STAT. 499; 83 STAT. 190.//
(C) THE CHAIRMAN OF THE COMMISSION SHALL BE SELECTED BY THE MEMBERS
OF THE COMMISSION FROM AMONG THEIR NUMBER.
(D)(1) THE COMMISSION MAY APPOINT AND FIX THE PAY OF SUCH STAFF
PERSONNEL AS IT DEEMS DESIRABLE. SUCH PERSONNEL SHALL BE APPOINTED
SUBJECT TO THE PROVISIONS OF TITLE 5. UNITED STATES CODE, //80 STAT.
378, 5 USC 101 ET SEQ.// GOVERNING APPOINTMENTS IN THE COMPETITIVE
SERVICE, AND SHALL BE PAID IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER
51 AND SUBCHAPTER III OF CHAPTER 53 OF SUCH TITLE //5 USC 5101, 5331,
5332 NOTE.// RELATING TO CLASSIFICATION AND GENERAL SCHEDULE PAY RATES.
(2) THE COMMISSION MAY PROCURE TEMPORARY AND INTERMITTENT SERVICES TO
THE SAME EXTENT AS IS AUTHORIZED BY SECTION 3109(B) OF TITLE 5 OF THE
UNITED STATES CODE, //80 STAT. 416.// BUT AT RATES FOR INDIVIDUALS NOT
TO EXCEED THE DAILY EQUIVALENT OF THE ANNUAL RATE OF BASIC PAY IN EFFECT
FOR GRADE GS-18 OF THE GENERAL SCHEDULE.
SEC. 202. //42 USC 2891 - 1 NOTE.// (A) THE COMMISSION SHALL CARRY
OUT THE FOLLOWING:
(1)(A) THE COMMISSION SHALL (I) CONDUCT A COMPREHENSIVE INVESTIGATION
AND STUDY TO IDENTIFY THE BASIC ETHICAL PRINCIPLES WHICH SHOULD UNDERLIE
THE CONDUCT OF BIOMEDICAL AND BEHAVIORAL RESEARCH INVOLVING HUMAN
SUBJECTS, (II) DEVELOP GUIDELINES WHICH SHOULD BE FOLLOWED IN SUCH
RESEARCH TO ASSURE THAT IT IS CONDUCTED IN ACCORDANCE WITH SUCH
PRINCIPLES, AND (III) MAKE RECOMMENDATIONS TO THE SECRETARY (I) FOR SUCH
ADMINISTRATIVE ACTION AS MAY BE APPROPRIATE TO APPLY SUCH GUIDELINES TO
BIOMEDICAL AND BEHAVIORAL RESEARCH CONDUCTED OR SUPPORTED UNDER PROGRAMS
ADMINISTERED BY THE SECRETARY, AND (II) CONCERNING ANY OTHER MATTER
PERTAINING TO THE PROTECTION OF HUMAN SUBJECTS OF BIOMEDICAL AND
BAHAVIORAL RESEARCH.
(B) IN CARRYING OUT SUBPARAGRAPH (A), THE COMMISSION SHALL CONSIDER
AT LEAST THE FOLLOWING:
(I) THE BOUNDARIES BETWEEN BIOMEDICAL OR BEHAVIORAL RESEARCH
INVOLVING HUMAN SUBJECTS AND THE ACCEPTED AND ROUTINE PRACTICE OF
MEDICINE.
(II) THE ROLE OF ASSESSMENT OF RISK-BENEFIT CRITERIA IN THE
DETERMINATION OF THE APPROPRIATENESS OF RESEARCH INVOLVING HUMAN
SUBJECTS.
(III) APPROPRIATE GUIDELINES FOR THE SELECTION OF HUMAN
SUBJECTS FOR PARTICIPATION IN BIOMEDICAL AND BEHAVIORAL RESEARCH.
(IV) THE NATURE AND DEFINITION OF INFORMED CONSENT IN VARIOUS
RESEARCH SITTINGS.
(V) MECHANISMS FOR EVALUATING AND MONITORING THE PERFORMANCE OF
INSTITUTIONAL REVIEW BOARDS ESTABLISHED IN ACCORDANCE WITH SECTION
474 OF THE PUBLIC HEALTH SERVICE ACT //POST, P. 352.// AND
APPROPRIATE ENFORCEMENT MECHANISMS FOR CARRYING OUT THEIR
DECISIONS.
(C) THE COMMISSION SHALL CONSIDER THE APPROPRIATENESS OF APPLYING THE
PRINCIPLES AND GUIDELINES IDENTIFIED AND DEVELOPED UNDER SUBPARAGRAPH
(A) TO THE DELIVERY OF HEALTH SERVICES TO PATIENTS UNDER PROGRAMS
CONDUCTED OR SUPPORTED BY THE SECRETARY.
(2) THE COMMISSION SHALL IDENTIFY THE REQUIREMENTS FOR INFORMED
CONSENT TO PARTICIPATION IN BIOMEDICAL AND BEHAVIORAL RESEARCH BY
CHILDREN, PRISONERS, AND THE INSTITUTIONALIZED MENTALLY INFIRM. THE
COMMISSION SHALL INVESTIGATE AND STUDY BIOMEDICAL AND BEHAVIORAL
RESEARCH CONDUCTED OR SUPPORTED UNDER PROGRAMS ADMINSITERED BY THE
SECRETARY AND INVOLVING CHILDREN, PRISONERS, AND THE INSTITUTIONALIZED
MENTALLY INFIRM TO DETERMINE THE NATURE OF THE CONSENT OBTAINED FROM
SUCH PERSONS OR THEIR LEGAL REPRESENTATIVES BEFORE SUCH PERSONS WERE
INVOLVED IN SUCH RESEARCH; THE ADEQUACY OF THE INFORMATION GIVEN THEM
RESPECTING THE NATURE AND PURPOSE OF THE RESEARCH, PROCEDURES TO BE
USED, RISKS AND DISCOMFORTS, ANTICIPATED BENEFITS FROM THE RESEARCH, AND
OTHER MATTERS NECESSARY FOR INFORMED CONSENT; AND THE COMPETENCE AND
THE FREEDOM OF THE PERSONS TO MAKE A CHOICE FOR OR AGAINST INVOLVEMENT
IN SUCH RESEARCH. ON THE BASIS OF SUCH INVESTIGATION AND STUDY THE
COMMISSION SHALL MAKE SUCH RECOMMENDATIONS TO THE SECRETARY AS IT
DETERMINES APPROPRIATE TO ASSURE THAT BIOMEDICAL AND BEHAVIORAL RESEARCH
CONDUCTED OR SUPPORTED UNDER PROGRAMS ADMINISTERED BY HIM MEETS THE
REQUIREMENTS RESPECTING INFORMED CONSENT IDENTIFIED BY THE COMMISSION.
FOR PURPOSES OF THIS PARAGRAPH, THE TERM "CHILDREN" MEANS INDIVIDUAL
SWHO HAVE NOT ATTAINED THE LEGAL AGE OF CONSENT TO PARTICIPATE IN
RESEARCH AS DETERMINED UNDER THE APPLICABLE LAW OF THE JURISDICTION IN
WHICH THE RESEARCH IS TO BE CONDUCTED; THE TERM "PRISONER" MEANS
INDIVIDUALS INVOLUNTARILY CONFINED IN CORRECTIONAL INSTITUTIONS OR
FACILITES (AS DEFINED IN SECTION 601 OF THE OMNIBUS CRIME CONTROL AND
SAFE STREETS ACT OF 1968 (42 U.S.C. 3781)); //84 STAT. 1887, 1888.//
AND THE TERM "INSTITUTIONALIZED MENTALLY INFIRM" INCLUDES INDIVIDUALS
WHO ARE MENTALLY ILL, MENTALLY RETARDED, EMOTIONALLY DISTURBED,
PSYCHOTIC, OR SENILE, OR WHO HAVE OTHR IMPAIRMENTS OF A SIMILAR NATURE
AND WHO RESIDE AS PATIENTS IN AN INSTITUTION.
(3) THE COMMISSION SHALL CONDUCT AN INVESTIGATION AND STUDY TO
DETERMINE THE NEED FOR A MECHANISM TO ASSURE THAT HUMAN SUBJECTS IN
BIOMEDICAL AND BEHAVIORAL RESEARCH NOT SUBJECT TO REGULATION BY THE
SECRETARY ARE PROTECTED. IF THE COMMISSION DETERMINES THAT SUCH A
MECHANISM IS NEEDED, IT SHALL DEVELOP AND RECOMMENT TO THE CONGRESS SUCH
A MECHANISM. THE COMMISSION MAY CONTRACT FOR THE DESIGN OF SUCH A
MECHANISM TO BE INCLUDED IN SUCH RECOMMENDATIONS.
(B) THE COMMISSION SHALL CONDUCT AN INVESTIGATION AND STUDY OF THE
NATURE AND EXTENT OF RESEARCH INVOLVING LIVING FETUSES, THE PURPOSES FOR
WHICH SUCH RESEARCH HAS BEEN UNDERTAKEN, AND ALTERNATIVE MEANS FOR
ACHIEVING SUCH PURPOSES. THE COMMISSION SHALL, NOT LATER THAN THE
EXPIRATION OF THE 4-MONTH PERIOD BEGINNING ON THE FIRST DAY OF THE FIRST
MONTH THAT FOLLOWS THE DATE ON WHICH ALL THE MEMBERS OF THE COMMISSION
HAVE TAKEN OFFICE, RECOMMEND TO THE SECRETARY POLICIES DEFINING THE
CIRCUMSTANCES (IF ANY) UNDER WHICH SUCH RESEARCH MAY BE CONDUCTED OR
SUPPORTED.
(C) THE COMMISSION SHALL CONDUCT AN INVESTIGATION AND STUDY OF THE
USE OF PSYCHOSURGERY IN THE UNITED STATES DURING THE FIVE-YEAR PERIOD
ENDING DECEMBER 31, 1972. THE COMMISSION SHALL DETERMINE THE
APPROPRIATENESS OF ITS USE, EVALUATE THE NEED FOR IT, AND RECOMMEND TO
THE SECRETARY POLICIES DEFINING THE CIRCUMSTANCES (IF ANY) UNDER WHICH
ITS USE MAY BE APPROPRIATE. FOR PUSPOSES OF THIS PARAGRAPH, THE TERM
"PSYCHOSURGERY" MEANS BRAIN SURGERY ON (1) NOTMAL BRAIN TISSUE OF AN
INDIVIDUAL, WHO DOES NOT SUFFER FROM ANY PHYSICAL DISEASE, FOR THE
PURPOSE OF CHANGING OR CONTROLLING THE BEHAVIOR OR EMOTIONS OF SUCH
INDIVIDUAL, OR (2) DISEASED BRAIN TISSUE OF AN INDIVIDUAL, IF THE SOLE
OBJECT OF THE PERFORMANCE OF SUCH SURGERY IS TO CONTROL, CHANGE, OR
AFFECT ANY BEHAVIORAL OR EMOTIONAL DISTRUBANCE OF SUCH INDIVIDUAL. SUCH
TERM DOES NOT INCLUDE BRAIN SURGERY DESIGNED TO CURE OR AMELIORATE THE
EFFECTS OF EPILEPSY AND ELECTRIC SHOCK TREATMENTS.
(D) THE COMMISSION SHALL MAKE RECOMMENDATIONS TO THE CONGRESS
RESPECTING THE FUNCTIONS AND AUTHORITY OF THE NATIONAL ADVISORY COUNCIL
FOR THE PROTECTION OF SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH TO
BE ESTABLISHED UNDER SECTION 217(F) OF THE PUBLIC HEALTH SERVICE ACT.
//POST, P. 351.//
SEC. 203. //42 USC 2891 - 1 NOTE.// THE COMMISSION SHALL UNDERTAKE A
CONMPREHENSIVE STUDY OF THE ETHICAL, SOCIAL, AND LEGAL IMPLICATIONS OF
ADVANCES IN BIOMEDICAL AND BEHAVIORAL RESEARCH AND TECHNOLOGY. SUCH
STUDY SHALL INCLUDE--,
(1) AN ANALYSIS AND EVALUATION OF SCIENTIFIC AND TECHNOLOGICAL
ADVANCES IN PAST, PRESENT, AND PROJECTED BIOMEDICAL AND BEHAVIORAL
RESEARCH AND SERVICES;
(2) AN ANALYSIS AND EVALUATION OF THE IMPLICATIONS OF SUCH
ADVANCES, BOTH FOR INDIVIDUALS AND SOCIETY;
(3) AN ANALYSIS AND EVALUATION OF LAWS AND MORAL AND ETHICAL
PRINCIPLES GOVERNING THE USE OF TECHNOLOGY IN MEDICAL PRACTICE;
(4) AN ANALYSIS AND EVALUATION OF PUBLIC UNDERSTANDING OF AND
ATTITUDES TOWARD SUCH IMPLICATIONS AND LAWS AND PRINCIPLES; AND
(5) AN ANALYSIS AND EVALUATION OF IMPLICATIONS FOR PUBLIC
POLICY OF SUCH FINDINGS AS ARE MADE BY THE COMMISSION WITH RESPECT
TO ADVANCES IN BIOMEDICAL AND BEHAVIORAL RESEARCH AND TECHNOLOGY
AND PUBLIC ATTITUDES TOWARD SUCH ADVANCES.
SEC. 204. //42 USC 2891 - 1 NOTE.// (A) THE COMMISSION MAY FOR THE
PURPOSE OF CARRYING OUT ITS DUTIES UNDER SECTIONS 202 AND 203 HOLD SUCH
HEARINGS, SIT AND ACT AT SUCH TIMES AND PLACES, TAKE SUCH TESTIMONY, AND
RECEIVE SUCH EVIDENCE AS THE COMMISSION DEEMS ADVISABLE.
(B) THE COMMISSION MAY SECURE DIRECTLY FROM ANY DEPARTMENT OR AGENCY
OF THE UNITED STATES INFORMATION NECESSARY TO ENABLE IT TO CARRY OUT ITS
DUTIES. UPON THE REQUEST OF THE CHAIRMAN OF THE COMMISSION, THE HEAD OF
SUCH DEPARTMENT OR AGENCY SHALL FURNISH SUCH INFORMATION TO THE
COMMISSION.
(C) THE COMMISSION SHALL NOT DISCLOSE ANY INFORMATION REPORTED OT OR
OTHERWISE OBTAINED BY IT IN CARRYING OUT ITS DUTIES WHICH (1) IDENTIFIES
ANY INDIVIDUAL WHO HAS BEEN THE SUBJECT OF AN ACTIVITY STUDIED AND
INVESTIGATED BY THE COMMISSION, OR (2) WHICH CONCERNS ANY INFORMATION
WHICH CONTAINS OR RELATES TO A TRADE SECRET OR OTHER MATTER REFERRED TO
IN SECTION 1905 OF TITLE 18 OF THE UNITED STATES CODE. //62 STAT. 791.//
(D) EXCEPT AS PROVIDED IN SUBSECTION (B) OF SECTION 202, THE
COMMISSION SHALL COMPLETE ITS DUTIES UNDER SECTIONS 202 AND 203 NOT
LATER THAN THE EXPIRATION OF THE 24-MONTH PERIOD BEGINNING ON THE FIRST
DAY OF THE FIRST MONTH THAT FOLLOWS THE DATE ON WHICH ALL THE MEMBERS OF
THE COMMISSION HAVE TAKEN OFFICE. THE COMMISSION SHALL MAKE PERIODIC
REPORTS TO THE PRESIDENT, THE CONGRESS, AND THE SECRETARY RESPECTING ITS
ACTIVITIES UNDER SECTIONS 202 AND 203 AND SHALL, NOT LATER THAN NINETY
DAYS AFTER THE EXPIRATION OF SUCH 24-MONTH PERIOD, MAKE A FINAL REPORT
TO THE PRESIDENT, THE CONGRESS, AND THE SECRETARY RESPECTING SUCH
ACTIVITIES AND INCLUDING ITS RECOMMENDATIONS FOR ADMINISTRATIVE ACTION
AND LEGISLATION.
(E) THE COMMISSION SHALL CEASE TO EXIST THIRTY DAYS FOLLOWING THE
SUBMISSION OF ITS FINAL REPORT PURSUANT TO SUBSECTION (D).
SEC. 205. //42 USC 2891 - 1 NOTE.// WITHIN 60 DAYS OF THE RECEIPT OF
ANY RECOMMENDATION MADE BY THE COMMISSION UNDER SECTION 202, THE
SECRETARY SHALL PUBLISH IT IN THE FEDERAL REGISTER AND PROVIDE
OPPORTUNITY FOR INTERESTED PERSONS TO SUBMIT WRITTEN DATA, VIEWS, AND
ARGUMENTS WITH RESPECT TO SUCH RECOMMENDATION. THE SECRETARY SHALL
CONSIDER THE COMMISSION'S RECOMMENDATION AND RELEVANT MATTER SUBMITTED
WITH RESPECT TO IT AND, WITHIN 180 DAYS OF THE DATE OF ITS PUBLICATION
IN THE FEDERAL REGISTER, THE SECRETARY SHALL (1) DETERMINE WHETHER THE
ADMINISTRATIVE ACTION PROPOSED BY SUCH RECOMMENDATION IS APPROPRIATE TO
ASSURE THE PROTECTION OF HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL
RESEARCH CONDUCTED OR SUPPORTED UNDER PROGRAMS ADMINISTERED BY HIM, AND
(2) IF HE DETERMINES THAT SUCH ACTION IS NOT SO APPROPRIATE, PUBLISH IN
THE FEDERAL REGISTER SUCH DETERMINATION TOGETHER WITH AN ADEQUATE
STATEMENT OF THE REASONS FOR HIS DETERMINATION. IF THE SECRETARY
DETERMINES THAT ADMINISTRATIVE ACTION RECOMMENDED BY THE COMMISSION
SHOULD BE UNDERTAKEN BY HIM, HE SHALL UNDERTAKE SUCH ACTION AS
EXPEDITIOUSLY AS IS FEASIBLE.
SEC. 211. (A) SECTION 217 OF THE PUBLIC HEALTH SERVICE ACT //58
STAT. 691; 86 STAT. 85, 42 USC 218.// IS AMENDED BY ADDING AT THE END
THE FOLLOWING NEW SUBSECTION:
"(F)(1) THERE SHALL BE ESTABLISHED A NATIONAL ADVISORY COUNCIL FOR
THE PROTECTION OF SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH
(HEREINAFTER IN THIS SUBSECTION REFERRED TO AS THE 'COUNCIL') WHICH
SHALL CONSIST OF THE SECRETARY WHO SHALL BE CHAIRMAN AND NOT LESS THAN
SEVEN NOR MORE THAN FIFTEEN OTHER MEMBERS WHO SHALL BE APPOINTED BY THE
SECRETARY WITHOUT REGARD TO THE PROVISIONS OF TITLE 5, UNITED STATES
CODE, //80 STAT. 378, 5 USC 101 ET SEQ.// GOVERNING APPOINTMENTS IN THE
COMPETITIVE SERVICE. THE SECRETARY SHALL SELECT MEMBERS OF THE COUNCIL
FROM INDIVIDUALS DISTINGUISHED IN THE FIELDS OF MEDICINE, LAW, ETHICS,
THEOLOGY, THE BIOLOGICAL, PHYSICAL, BEHAVIORAL AND SOCIAL SCIENCES,
PHILOSOPHY, HUMANITIES, HEALTH ADMINISTRATION, GOVERNMENT, AND PUBLIC
AFFAIRS; BUT THREE (AND NOT MORE THAN THREE) OF THE MEMBERS OF THE
COUNCIL SHALL BE INDIVIDUALS WHO ARE OR WHO HAVE BEEN ENGAGED IN
BIOMEDICAL OR BEHAVIORAL RESEARCH INVOLVING HUMAN SUBJECTS. NO
INDIVIDUAL WHO WAS APPOINTED TO BE A MEMBER OF THE NATIONAL COMMISSION
FOR THE PROTECTION OF HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL
RESEARCH (ESTABLISHED UNDER TITLE II OF THE NATIONAL RESEARCH ACT)
//ANTE, P. 348.// MAY BE APPOINTED TO BE A MEMBER OF THE COUNCIL. THE
APPOINTED MEMBERS OF THE COUNCIL SHALL HAVE TERMS OF OFFICE OF FOUR
YEARS, EXCEPT THAT FOR THE PURPOSE OF STAGGERING THE EXPIRATION OF THE
TERMS OF OFFICE OF THE COUNCIL MEMBERS, THE SECRETARY SHALL, AT THE TIME
OF APPOINTMENT, DESIGNATE A TERM OF OFFICE OF LESS THAN FOUR YEARS FOR
MEMBERS FIRST APPOINTED TO THE COUNCIL.
"(2) THE COUNCIL SHALL--,
"(A) ADVISE, CONSULT WITH, AND MAKE RECOMMENDATIONS TO, THE
SECRETARY CONCERNING ALL MATTERS PERTAINING TO THE PROTECTION OF
HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH;
"(B) REVIEW POLICIES, REGULATIONS, AND OTHER REQUIREMENTS OF
THE SECRETARY GOVERNING SUCH RESEARCH TO DETERMINE THE EXTENT TO
WHICH SUCH POLICIES, REGULATIONS, AND REQUIREMENTS REQUIRE AND ARE
EFFECTIVE IN REQUIRING OBSERVANCE IN SUCH RESEARCH OF THE BASIC
ETHICAL PRINCIPLES WHICH SHOULD UNDERLIE THE CONDUCT OF SUCH
RESEARCH AND, TO THE EXTENT SUCH POLICIES, REGULATIONS, OR
REQUIREMENTS DO NOT REQUIRE OR ARE NOT EFFECTIVE IN REQUIRING
OBSERVANCE OF SUCH PRINCIPLES, MAKE RECOMMENDATIONS TO THE
SECRETARY RESPECTING APPROPRIATE REVISION OF SUCH POLICIES,
REGULATIONS, OR REQUIREMENTS; AND
"(C) REVIEW PERIODICALLY CHANGES IN THE SCOPE, PURPOSE, AND
TYPES OF BIOMEDICAL AND BEHAVIORAL RESEARCH BEING CONDUCTED AND
THE IMPACT SUCH CHANGES HAVE ON THE POLICIES, REGULATIONS, AND
OTHER REQUIREMENTS OF THE SECRETARY FOR THE PROTECTION OF HUMAN
SUBJECTS OF SUCH RESEARCH.
"(3) THE COUNCIL MAY DISSEMINATE TO THE PUBLIC SUCH INFORMATION
RECOMMENDATIONS, AND OTHER MATTERS RELATING TO ITS FUNCTIONS AS IT DEEMS
APPROPRIATE.
"(4) SECTION 14 OF THE FEDERAL ADVISORY COMMITTEE ACT //86 STAT.
776, 5 USC APP. I.// SHALL NOT APPLY WITH RESPECT TO THE COUNCIL."
(B) THE AMENDMENT MADE BY SUBSECTION (A) SHALL TAKE EFFECT JULY 1,
1976. //42 USC 218 NOTE.//
SEC. 212. (A) PART I OF TITLE IV OF THE PUBLIC HEALTH SERVICE ACT,
AS AMENDED BY SECTION 103 OF THIS ACT, ANTE, P. 342.// IS AMENDED BY
ADDING AT THE END THE FOLLOWING NEW SECTION:
"SEC. 474. //42 USC 2891 - 3.// (A) THE SECRETARY SHALL BY
REGULATION REQUIRE THAT EACH ENTITY WHICH APPLIES FOR A GRANT OR
CONTRACT UNDER THIS ACT FOR ANY PORJECT OR PROGRAM WHICH INVOLVES THE
CONDUCT OF BIOMEDICAL OR BEHAVIORAL RESEARCH INVOLVING HUMAN SUBJECTS
SUBMIT IN OR WITH ITS APPLICATION FOR SUCH GRANT OR CONTRACT ASSURANCES
SATISFACTORY TO THE SECRETARY THAT IT HAS ESTABLISHED (IN ACCORDANCE
WITH REGULATIONS WHICH TH SECRETARY SHALL PRESCRIBE) A BOARD (TO BE
KNOWN AS AN 'INSTITUTIONAL REVIEW BOARD') TO REVIEW BIOMEDICAL AND
BEHAVIORAL RESEARCH INVOLVING HUMAN SUBJECTS CONDUCTED AT OR SPONSORED
BY SUCH ENTITY IN ORDER TO PROTECT THE RIGHTS OF THE HUMAN SUBJECTS OF
SUCH RESEARCH.
"(B) THE SECRETARY SHALL ESTABLISH A PROGRAM WITHIN THE DEPARTMENT
UNDER WHICH REQUESTS FOR CLARIFICATION AND GUIDANCE WITH RESPECT TO
ETHICAL ISSUES RAISED IN CONNECTION WITH BIOMEDICAL OR BEHAVIORAL
RESEARCH INVOLVING HUMAN SUBJECTS ARE RESPONDED TO PROMPTLY AND
APPROPRIATELY."
(B) THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE SHALL WITHIN 240
DAYS OF THE DATE OF THE ENACTMENT OF THIS ACT PROMULGATE SUCH
REGULATIONS AS MAY BE REQUIRED TO CARRY OUT SECTION 474(A) OF THE PUBLIC
HEALTH SERVICE ACT. //42 USC 2891 - 3 NOTE, ANTE, P. 352.// SUCH
REGULATIONS SHALL APPLY WITH RESPECT TO APPLICATIONS FOR GRANTS AND
CONTRACTS UNDER SUCH ACT SUBMITTED AFTER PROMULGATION OF SUCH
REGULATIONS.
SEC. 213. //42 USC 2891 - 1 NOTE.// UNTIL THE COMMISSION HAS MADE
ITS RECOMMENDATIONS TO THE SECRETARY PURSUANT TO SECTION 202(B), THE
SECRETARY MAY NOT CONDUCT OR SUPPORT RESEARCH IN THE UNITED STATES OR
ABROAD ON A LIVING HUMAN FETUS, BEFORE OR AFTER THE INDUCED ABORTION OF
SUCH FETUS, UNLESS SUCH RESEARCH IS DONE FOR THE PURPOSE OF ASSURING THE
SURVIVAL OF SUCH FETUS.
SEC. 214. (A) SUBSECTION (C) OF SECTION 401 OF THE HEALTH PROGRAMS
EXTENSION ACT OF 1973 //87 STAT. 95, 42 USC 300A - 7.// IS AMENDED (1)
BY INSERTING "(1)" AFTER "(C)", (2) BY REDESIGNATING PARAGRAPHS (1) AND
(2) AS SUBPARAGRAPHS (A) AND (B), RESPECTIVELY, AND (3) BY ADDING AT THE
END THE FOLLOWING NEW PARAGRAPH:
"(2) NO ENTITY WHICH RECEIVES AFTER THE DATE OF ENACTMENT OF THIS
PARAGRAPH A GRANT OR CONTRACT FOR BIOMEDICAL OR BEHAVIORAL RESEARCH
UNDER ANY PROGRAM ADMINISTERED BY THE SECRETARY OF HEALTH, EDUCATION,
AND WELFARE MAY--,
"(A) DISCRIMINATE IN THE EMPLOYMENT, PROMOTION, OR TERMINATION
OF EMPLOYMENT OF ANY PHYSICIAN OR OTHER HEALTH CARE PERSONNEL, OR
"(B) DISCRIMINATE IN THE EXTENSION OF STAFF OR OTHER PRIVILEGES
TO ANY PHYSICIAN OR OTHER HEALTH CARE PERSONNEL,
BECAUSE HE PERFORMED OR ASSISTED IN THE PERFORMANCE OF ANY LAWFUL HEALTH
SERVICE OR RESEARCH ACTIVITY, BECAUSE HE REFUSED TO PERFORM OR ASSIST IN
THE PERFORMANCE OF ANY SUCH SERVICE OR ACTIVITY ON THE GROUNDS THAT HIS
PERFORMANCE OR ASSISTANCE IN THE PERFORMANCE OF SUCH SERVICE OR ACTIVITY
WOULD BE CONTRARY TO HIS RELIGIOUS BELIEFS OR MORAL CONVICTIONS, OR
BECAUSE OF HIS RELIGIOUS BELIEFS OR MORAL CONVICTIONS RESPECTING ANY
SUCH SERVICE OR ACTIVITY."
(B) SECTION 401 OF SUCH ACT IS AMENDED BY ADDING AT THE END THE
FOLLOWING NEW SUBSECTION:
"(D) NO INDIVIDUAL SHALL BE REQUIRED TO PERFORM OR ASSIST IN THE
PERFORMANCE OF ANY PART OF A HEALTH SERVICE PROGRAM OR RESEARCH ACTIVITY
FUNDED IN WHOLE OR IN PART UNDER A PROGRAM ADMINISTERED BY THE SECRETARY
OF HEALTH, EDUCATION, AND WELFARE IF HIS PERFORMANCE OR ASSISTANCE IN
THE PERFORMANCE OF SUCH PART OF SUCH PROGRAM OR ACTIVITY WOULD BE
CONTRARY TO HIS RELIGIOUS BELIEFS OR MORAL CONVICTIONS."
SEC. 215. SECTION 772(A)(7) OF THE PUBLIC HEALTH SERVICE ACT //85
STAT. 445, 42 USC 295F - 2.// IS AMENDED BY INSERTING IMMEDIATELY BEFORE
THE SEMICOLON AT THE END THEREOF THE FOLLOWING: ", OR (C) PROVIDING
INCREASED EMPHASIS ON THE ETHICAL, SOCIAL, LEGAL, AND MORAL IMPLICATIONS
OF ADVANCES IN BIOMEDICAL RESEARCH AND TECHNOLOGY WITH RESPECT TO THE
EFFECTS OF SUCH ADVANCES ON INDIVIDUALS AND SOCIETY".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 224 (COMM. ON INTERSTATE AND FOREIGH
COMMERCE) AND NO. 93 - 1148 (COMM. OF CONFERENCE).
SENATE REPORT NO. 93 - 381 (COMM. ON LABOR AND PUBLIC WELFARE).
VOL. 119 (1973): MAY 31, CONSIDERED AND PASSED HOUSE.
SEPT. 11, CONSIDERED AND PASSED SENATE, AMENDED.
VOL. 120 (1974): JUNE 27, SENATE AGREED TO CONFRENCE
REPORT.
JUNE 28, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-347, 88 STAT 340
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 4(A) OF THE
AGRICULTURE AND CONSUMER PROTECTION ACT OF 1973, AS AMENDED (87 STAT.
221, AS AMENDED, 7 U.S.C. 612C NOTE), IS AMENDED TO READ AS FOLLOWS:
"SEC. 4. (A)(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
SECRETARY OF AGRICULTURE SHALL UNTIL JULY 1, 1975, (I) USE FUNDS
AVAILABLE UNDER PROVISIONS OF SECTION 32 OF PUBLIC LAW 320,
SEVENTY-FOURTH CONGRESS, AS AMENDED (7 U.S.C. 612C), //49 STAT. 774.//
AND NOT OTHERWISE EXPENDED OR NECESSARY FOR SUCH PURPOSES TO PURCHASE,
WITHOUT REGARD TO THE PROVISIONS OF EXISTING LAW GOVERNING THE
EXPENDITURE OF PUBLIC FUNDS, AGRICULTURAL COMMODITIES AND THEIR PRODUCTS
OF THE TYPES CUSTOMARILY PURCHASED UNDER SECTION 32 (WHICH MAY INCLUDE
SEAFOOD COMMODITIES AND THEIR PRODUCTS) TO MAINTAIN THE TRADITIONAL
LEVEL OF ASSISTANCE FOR FOOD ASSISTANCE PROGRAMS AS ARE AUTHORIZED BY
LAW, INCLUDING BUT NOT LIMITED TO DISTRIBUTION TO NEEDY FAMILIES PENDING
THE TRANSITION TO THE FOOD STAMP PROGRAM, INSTITUTIONS, SUPPLEMENTAL
FEEDING PROGRAMS WHEREVER LOCATED, DISASTER RELIEF, SUMMER CAMPS FOR
CHILDREN, AND THE FAMILY COMMODITY DISTRIBUTION PROGRAM ON INDIAN
RESERVATIONS NOT REQUESTING A FOOD STAMP PROGRAM, AND (II) IF STOCKS OF
THE COMMODITY CREDIT CORPORATION ARE NOT AVAILABLE, USE THE FUNDS OF THE
CORPORATION TO PURCHASE AGRICULTURAL COMMODITIES AND THEIR PRODUCTS OF
THE TYPES CUSTOMARILY AVAILABLE UNDER SECTION 416 OF THE AGRICULTURAL
ACT OF 1949 TO MEET SUCH REQUIREMENTS. //68 STAT. 458; 84 STAT. 199;
86 STAT. 1492, 7 USC 1431.//
"(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE SECRETARY OF
AGRICULTURE SHALL, DURING EACH OF THE TWO FISCAL YEARS BEGINNING JULY 1,
1975, AND ENDING JUNE 30 1977, PURCHASE AGRICULTURAL COMMODITIES AND
OTHERWISE CARRY OUT THE PROVISIONS OF THIS SUBSECTION WITH FUNDS
APPROPRIATED FROM THE GENERAL FUND OF THE TREASURY. THERE ARE HEREBY
AUTHORIZED TO BE APPROPRIATED SUCH FUNDS AS MAY BE NECESSARY TO CARRY
OUT THE PROVISIONS OF THIS PARAGRAPH. AUTHORITY PROVIDED IN THIS
PARAGRAPH SHALL BE CARRIED OUT ONLY WITH SUCH FUNDS AS ARE APPROPRIATED
FROM THE GENERAL FUND OF THE TREASURY FOR THAT SPECIFIC PURPOSE, AND IN
NO EVENT SHALL IT BE CARRIED OUT WITH FUNDS DERIVED FROM PERMANENT
APPROPRIATIONS.
"(3) NOTHING IN THIS SUBSECTION SHALL SUPERSEDE THE REQUIREMENTS OF
SECTION 10(E) OF THE FOOD STAMP ACT OF 1964, AS AMENDED, //84 STAT.
2051; 87 STAT. 247, 7 USC 2019.// EXCEPT AS TO INDIAN RESERVATIONS."
SEC. 2. SECTION 15 OF THE FOOD STAMP ACT OF 1964, AS AMENDED, //78
STAT. 708; 84 STAT. 2052, 7 USC 2024.// IS AMENDED BY CHANGING
SUBSECTIONS (A) AND (B) TO READ AS FOLLOWS:
"(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, EACH STATE SHALL
BE RESPONSIBLE FOR FINANCING, FROM FUNDS AVAILABLE TO THE STATE OR
POLITICAL SUBDIVISION THEREOF, THE COSTS OF CARRYING OUT THE
ADMINISTRATIVE RESPONSIBILITIES ASSIGNED TO IT UNDER THE PROVISIONS OF
THIS ACT.
"(B) THE SECRETARY IS AUTHORIZED TO PAY TO EACH STATE AGENCY AN
AMOUNT EQUAL TO 50 PER CENTUM OF ALL ADMINISTRATIVE COSTS, INCLUDING,
BUT NOT LIMITED TO, THE COST OF (1) THE CERTIFICATION OF HOUSEHOLDS;
(2) THE ACCEPTANCE, STORAGE, AND PROTECTION OF COUPONS AFTER THEIR
DELIVERY TO RECEIVING POINTS WITHIN THE STATES; (3) THE ISSUANCE OF
SUCH COUPONS TO ELIGIBLE HOUSEHOLDS; (4) THE OUTREACH AND FAIR HEARING
REQUIREMENTS OF SECTION 10 OF THIS ACT, //7 USC 2019.// AND (5) THE
CONTROL AND ACCOUNTING OF COUPONS: PROVIDED, THAT EACH STATE SHALL,
FROM TIME TO TIME AT THE REQUEST OF THE SECRETARY, REPORT TO THE
SECRETARY ON THE EFFECTIVENESS OF ITS ADMINISTRATION OF THE PROGRAM AND
NO SUCH PAYMENT SHALL BE MADE TO ANY STATE UNLESS THE SECRETARY IS
SATISFIED PURSUANT TO REGULATIONS WHICH HE SHALL ISSUE THAT AN ADEQUATE
NUMBER OF QUALIFIED PERSONNEL ARE EMPLOYED BY THE STATE IN THE PROGRAM
TO ADMINISTER THE PROGRAM EFFICIENTLY AND EFFECTIVELY.".
SEC. 3. SECTION 3 OF THE CHILD NUTRITION ACT OF 1966, AS AMENDED (80
STAT. 885, AS AMENDED, 42 U.S.C. 1771 - 1786), //84 STAT. 336; 87 STAT.
563, 42 USC 1772.// IS AMENDED AS FOLLOWS:
(A) THE FIRST SENTENCE IS AMENDED BY STRIKING ", NOT TO EXCEED
$120,000,000," AND INSERTING IN LIEU THEREOF "SUCH SUMS AS MAY BE
NECESSARY".
(B) SECTION 3 IS FURTHER AMENDED BY ADDING AT THE END THEREOF THE
FOLLOWING: FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND FOR SUBSEQUENT
FISCAL YEARS, THE MINIMUM RATE OF REIMBURSEMENT FOR A HALF-PINT OF MILK
SERVED IN SCHOOLS AND OTHER ELIGIBLE INSTITUTIONS SHALL NOT BE LESS THAN
5 CENTS PER HALF-PINT SERVED TO ELIGIBLE CHILDREN, AND SUCH MINIMUM RATE
OF REIMBURSEMENT SHALL BE ADJUSTED ON AN ANNUAL BASIS EACH FISCAL YEAR
THEREAFTER, BEGINNING WITH THE FISCAL YEAR ENDING JUNE 30, 1976, TO
REFLECT CHANGES IN THE SERIES OF FOOD AWAY FROM HOME OF THE CONSUMER
PRICE INDEX PUBLISHED BY THE BUREAU OF LABOR STATISTICS OF THE
DEPARTMENT OF LABOR. SUCH ADJUSTMENT SHALL BE COMPUTED TO THE NEAREST
ONE-FOURTH CENT.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: NO. 93 - 1110 ACCOMPANYING H.R. 14992 (COMM. ON
AGRICULTURE) AND NO. 93 - 1154 (COMM. OF CONFERENCE).
SENATE REPORTS: NO. 93 - 829 (COMM. ON AGRICULTURE AND FORESTRY) AND
NO. 93 - 978 (COMM. OF CONFERENCE).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 21, CONSIDERED AND PASSED SENATE.
JUNE 17, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
14992.
JUNE 27, SENATE AGREED TO CONFERENCE REPORT.
JUNE 28, HOUSE AGREED TO CONFERENCE REPORT.
PUBLIC LAW 93-346, 88 STAT 340
RESOLVED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED
STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT, EFFECTIVE UPON
TERMINATION OF SERVICE BY THE INCUMBENT IN THE OFFICE OF CHIEF OF NAVAL
OPERATIONS, DEPARTMENT OF THE NAVY, THE GOVERNMENT-OWNED HOUSE TOGETHER
WITH FURNISHINGS, ASSOCIATED GROUNDS AND RELATED FACILITIES WHICH ARE
AND HAVE BEEN USED AS THE RESIDENCE OF THE CHIEF OF NAVAL OPERATIONS,
SHALL THENCEFORTH BE AVAILABLE FOR, AND SHALL BE DESIGNATED AS, THE
OFFICIAL TEMPORARY RESIDENCE OF THE VICE PRESIDENT OF THE UNITES STATES.
//3 USC 111 NOTE.//
SEC. 2. AS IN THE CASE OF THE WHITE HOUSE, THE OFFICIAL TEMPORARY
RESIDENCE OF THE VICE PRESIDENT SHALL BE ADEQUATELY STAFFED AND PROVIDED
WITH SUCH APPROPRIATE EQUIPMENT, FURNISHINGS, DINING FACILITIES,
SERVICES, AND OTHER PROVISIONS AS MAY BE REQUIRED, UNDER THE SUPERVISION
AND DIRECTION OF THE VICE PRESIDENT, TO ENABLE HIM TO PERFORM AND
DISCHARGE APPROPRIATELY THE DUTIES, FUNCTIONS, AND OBLIGATIONS
ASSOCIATED WITH HIS HIGH OFFICE.
SEC. 3. THE SECRETARY OF THE NAVY SHALL, SUBJECT TO THE SUPERVISION
AND CONTROL OF THE VICE PRESIDENT, PROVIDE FOR THE STAFFING, CARE,
MAINTENANCE, REPAIR, IMPROVEMENT, ALTERATION, AND FURNISHING OF THE
OFFICIAL RESIDENCE AND GROUNDS OF THE VICE PRESIDENT.
SEC. 4. THERE IS HEREBY AUTHORIZED TO BE APPROPRIATED SUCH SUMS AS
MAY BE NECESSARY FROM TIME TO TIME TO CARRY OUT THE FOREGOING PURPOSES.
DURING ANY INTERIM PERIOD UNTIL AND BEFORE SUCH FUNDS ARE SO
APPROPRIATED, THE DEPARTMENT OF THE NAVY SHALL MAKE PROVISION FOR
STAFFING AND OTHER APPROPRIATE SERVICIES IN CONNECTION WITH THE OFFICIAL
TEMPORARY RESIDENCE OF THE VICE PRESIDENT, SUBJECT TO REIMBURSEMENT
THEREFOR OUT OF ANY CONTINGENCY FUNDS AVAILABLE TO THE EXECUTIVE.
SEC. 5. IT IS THE SENSE OF CONGRESS THAT LIVING ACCOMMODATIONS,
GENERALLY EQUIVALENT TO THOSE AVAILABLE TO THE HIGHEST RANKING OFFICER
ON ACTIVE DUTY IN EACH OF THE OTHER MILITARY SERVICES, SHOULD BE
PROVIDED FOR THE CHIEF OF NAVAL OPERATIONS.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 93 - 1079 (COMM. ON ARMED SERVICES).
SENATE REPORT NO. 93 - 844 (COMM. ON ARMED SERVICES).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 16, CONSIDERED AND PASSED SENATE.
JUNE 12, CONSIDERED AND PASSED HOUSE, AMENDED.
JUNE 26, SENATE CONCURRED IN HOUSE AMENDMENT WITH AN AMENDMENT.
JUNE 28, HOUSE CONCURRED IN SENATE AMENDMENT.
PUBLIC LAW 93-345, 88 STAT 339.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT SECTION 2(A)(4) OF
THE NATIONAL MUSEUM ACT OF 1966 (20 U.S.C. 65A) //80 STAT. 923.// IS
AMENDED BY INSERTING IMMEDIATELY BEFORE THE SEMICOLON THE FOLLOWING: ",
WITH EMPHASIS ON MUSEUM CONSERVATION AND THE DEVELOPMENT OF A NATIONAL
INSTITUTE FOR MUSEUM CONSERVATION".
SEC. 2. SECTION 2(B) OF SUCH ACT //84 STAT. 1875.// IS AMENDED TO
READ AS FOLLOWS:
"(B) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SMITHSONIAN
INSTITUTION SUCH SUMS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF
THIS ACT: PROVIDED, THAT NO MORE THAN $1,000,000 SHALL BE APPROPRIATED
ANNUALLY THROUGH FISCAL YEAR 1977, OF WHICH NO LESS THAN $200,000
ANNUALLY SHALL BE ALLOCATED AND USED TO CARRY OUT THE PURPOSES OF
SECTION 2(A)(4) OS THIS ACT.".
LEGISLATIVE HISTORY:
SENATE REPORT NO. 93 - 1162 (COMM. ON HOUSE ADMINISTRATION).
SENATE REPORT NO. 93 - 868 (COMM. ON RULES AND ADMINISTRATION).
CONGRESSIONAL RECORD, VOL. 120 (1974):
MAY 28, CONSIDERED AND PASSED SENATE.
JULY 1, CONSIDERED AND PASSED HOUSE.
PUBLIC LAW 93-344, 88 STAT 297, CONGRESSIONAL BUDGET AND IMPOUNDMENT
CONTROL ACT OF 1974.
ESTABLISH COMMITTEES ON THE BUDGET IN EACH HOUSE;
TO ESTABLISH A CONGRESSIONAL BUDGET OFFICE;
TO ESTABLISH A PROCEDURE PROVIDING CONGRESSIONAL
CONTROL OVER THE IMPOUNDMENT OF FUNDS BY THE EXECUTIVE
BRANCH; AND FOR OTHER PURPOSES.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,
SECTION 1. (A) SHORT TITLES.--THIS ACT MAY BE CITED AS THE
"CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974". TITLES I
THROUGH IX MAY BE CITED AS THE "CONGRESSIONAL BUDGET ACT OF 1974", AND
TITLE X MAY BE CITED AS THE "IMPOUNDMENT CONTROL ACT OF 1974". //31 USC
1301 NOTE.//
SEC. 2. THE CONGRESS DECLARES THAT IT IS ESSENTIAL--,
(1) TO ASSURE EFFECTIVE CONGRESSIONAL CONTROL OVER THE
BUDGETARY PROCESS;
(2) TO PROVIDE FOR THE CONGRESSIONAL DETERMINATION EACH YEAR OF
THE APPROPRIATE LEVEL OF FEDERAL REVENUES AND EXPENDITURES;
(3) TO PROVIDE A SYSTEM OF IMPOUNDMENT CONTROL;
(4) TO ESTABLISH NATIONAL BUDGET PRIORITIES; AND
(5) TO PROVIDE FOR THE FURNISHING OF INFORMATION BY THE
EXECUTIVE BRANCH IN A MANNER THAT WIL
"LAW ENFORCEMENT OFFICER FOR LAW ENFORCEMENT SERVICE AND
2 1/2 AUGUST 1, 1920, TO JUNE 30, 1926.
3 1/2 JULY 1, 1926, TO JUNE 30, 1942.
5 JULY 1, 1942, TO JUNE 30, 1948.
6 JULY 1, 1948, TO OCTOBER 31, 1956.
6 1/2 NOVEMBER 1, 1956, TO DECEMBER 31, 1969.
7 JANUARY 1, 1970, TO DECEMBER 31, 1974.
7 1/2 AFTER DECEMBER 31, 1974.".