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377

plications. 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 cfrfres's!" 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 sec- Appropriation. tion $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. "DIABETES COORDINATING COMMITTEE

• •

"SEC. 436. For the purpose of— Diabetes Meiii"(1) better coordination of the total National Institutes of c'omnuttee?^*'"^ Health research activities relating to diabetes mellitus; and Establishment. "(2) coordinating those aspects of all Federal health programs '^^ use 289c-3. 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 chairman. chaired by the Director of the National Institutes of Health (or his designated representative). The Committee shall prepare a report as Report. 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 is amended by ^2 USC 289c.i. 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." ASSOCIATE DIRECTOR FOR DIABETES

SEC. 6. 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. Approved July 23, 1974.

'^^ use 289c-ia.

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PUBLIC LAW 93-355-JULY 25, 1974

[88 STAT.

Public Law 93-355 July 25.1974

AN ACT

[H. R. 7824]

To amend the Economic Opportunity Act of 1984 to provide for the transfer of the legal services program from the Office of Economic Opportunity to a Legal Services Corporation, and for other purposes.

co^^oritionAcl^ of 1974. 42 USC 2 996 42 USC 2701

Be it eifiacted by the Sena'e ami House of Representatives of the T/mi^ec? States of America in Congress assembled, That this Act may be cited as the "I^gal Services Corporation Act of 1974". gj,^.^ 2. The Economic Opportmiity Act of 19C4 is amended by adding at the end thereof the following new title:

note.

" TITLE X — L E G A L SERVICES CORPORATION xiCT "STATEMENT or

42 USC 2996.

FINDINGS AND DECLARATION OF PURPOSE

"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 to provide high quality legal assistance to those who would be otherwise unable to afford adequate legal counsel and to continue the present vital legal services program; "(3) providing legal assistance to those who face an 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. U

42 USC 2996a.

DEFINITIONS

"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 provision 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.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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379

"ESTABLISHMENT OF CORPORATION

"SEC. 1003. (a) There is established in the District of Columbia a private nonmembership nonprofit corporation, which shall be known as the Legal Services Corporation, for the purpose of providing financial support for legal assistance in noncriminal proceedings or matters to persons financially unable to afford le^al 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 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. 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.

Legal Services Corporation. Establishment. 42 USC 2996b.

Tax exemption.

26 USC 170. 26 USC 5 0 1.

"GOVERNING BODY Board of D i r e c 1004. (a) The Corporation shall have a Board of Directors to r s, membership. consisting of eleven voting members appointed by the President, by 42 USC 2 9 9 6 c. 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 Term of office. years, except that five of the members firet 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 until the 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. Nine-member " (f) Within six months after the first meeting of the Board, the State advisory Board shall request the Governor of each State to appoint a nine- c o u n c i l, appointmember advisory council for such State. A majority of the members ™^"t of the advisory council shall be appointed, 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 subiect to annual reappointment. If ninety days have elapsed without such an advisory council appointed by the Governor, ''SEC.

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 380 Violation notification.

Copy.

Open m e e t i n g s.

Quarterly meetings.

PUBLIC LAW 93-355-JULY 25, 1974

[88 STAT.

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, r e f l a tions, 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 Corporation 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. "OFFICERS AND EMPLOYEES

President, appointment by Board. 42 USC 2996d.

Compensation.

83 Stat. 8 6 3.

Budget, OMB review and comments.

5 USC 8101, 8301. 5 USC 8701. 5 USC 8901.

"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 political 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 participate in any decision, action, or recommendation with respect 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 5316 of title 5, United States Code. "(e)(1) 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 Gt)vernment. " (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 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (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.

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381

" is) The Corporation and its officers and employees shall be subject to the provisions of section 552 of title 5, United States Code (relating to freedom of information). POWERS, DUTIES, AND

LIMITATIONS

"SEC. 1006. (a) To the extent consistent with the provisions of this 42 USC 2996e. title, the Corporation shall exercise the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit CorporaD.C. tion Act (except for section 1005(o) of title 29 of the District of 1001. Code 29Columbia Code). I n addition, the Corporation is authorized— "(1)(A) to provide financial assistance to qualified programs furnishing legal assistance to eligible clients, and to make grants to and contracts with— " (i) individuals, partnerships, firms, corporations, and nbnprofit organizations, and "(ii) State and local governments (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 nongovernmental 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, tangible 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 to a recipient which fails to comply. "(2) If a recipient finds that any of its employees has violated or d i s c i p l i n a r y Hiyir,!f/i°"f' caused the recipient to violate the provisions of this title or the rules, a c °i o n. " " t " regulations, 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 American Bar Association (referred to collectively in this title as 'professional responsibilities') 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 activities under this title are carried out in a manner consistent with attorneys' professional responsibilities.

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Restrictions.

Rules and regulations.

PUBLIC LAW 93-355-JULY 25, 1974

[88 STAT.

" (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 regulation to practice law or provide such assistance m 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 disturbance, (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 activity 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 Corporation 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 violation in question. "(6) I n areas where significant numbers of eligible clients speak a language other than English as their principal language, the Corporation shall, to the extent feasible, provide that their principal language is used in the provision of legal assistance to such clients under mis 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 affecting the activities of the Corporation. " (d)(1) The Corporation 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 employee, 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 re-cipient 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 representation 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 attor-

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PUBLIC LAW 93-355-JULy 25, 1974

ney, 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 1.5 of title 5, United States Code. "(f) If an action is commenced by the Corporation or by 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. GRANTS AND

383

5 USC 1501,

CONTRACTS

"SEC. 1007. (a) With respect to grants or contracts in connection ^^ ^^^ 2996f. with the provision 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 le^.T^ermi^"^ Office of Management and Budget and with the Governors of nation! the several States, maximum income levels (taking into account family size, urban and rural differences, and substantial cost-ofliving variations) for individuals eligible for legal assistance under this title; l i " (B) establish guidelines to insure that eligibility of clients g uE diegliib iel st.y i n will be determined by recipients on the basis of factors which include— "(i) the liquid assets and income level of the client, "(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 good cause, to seek or accept an employment situation; and " (C) establish priorities to insure that persons least able to P r i o r i t i e s. 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 persons in both urban and rural areas; " (4) insure that attorneys employed full time in legal assistance activities supported in major part by the Corporation refrain

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PUBLIC LAW 93-355-JULY 25, 1974

Restrictions on legal assistance attorneys.

Review of a p peals, guidelines, establishment.

Post,

p. 38{

[88 STAT.

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 an attorney for any eligible client is necessary to the provision of legal advice and representation with I'espect to such client's legal rights and responsibilities (which shall not be construed to permit a recipient or an attorney to solicit a client for the purpose of making such representation possible, or to solicit a group with respect to matters of general concern to a broad class of persons as distinguished from acting on behalf of any particular client); or " (B) a governmental agency, a legislative body, a committee, or a member thereof requests personnel of any recipient to make representations 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 insura that staff attorneys refrain at any time during the period for which they receive compensation under this title from the activities described in clauses (B) and (C) of this paragraph and from political activities of the type prohibited by section 1502(a) of title 5, United States Code, 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 filling 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

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385

activity 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, Funds, umitaeither 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 stny criminal proceeding, or to provide legal assistance in civil actions to persons 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 prohibited 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 of less than eighteen years of age, exce:t (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, custody proceedings, persons in need of supervision ( P I N S) proceedings, or cases involving the 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, benefits, 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 distinguished from the dissemination of information about such policies or activities, 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 organize, or to encourage to organize, or to plan for the creation or formation of, or the structuring of, any organization, association, coalition, allianco, 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 desegregation 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 provide legal assistance with respect to any proceeding or litigation arising out of a violation of the Military Selective Service Act or of desertion from the Armed Forces of the United so use app. States. ^''-

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PUBLIC LAW 93-355-JULY 25, 1974

Governing board, membership.

Post,

p. 390.

Program evaluation.

Grant approval, public notification.

Staff-attorney program, study.

[88 STAT.

"(c) I n 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 eligible 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, 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 nonattorney 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 recipient. " (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, regulations, and guidelines pi-omul gated 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 initiated, 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 comprehensive, 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, voucher's, 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. "RECORDS A N D REPORTS

42 USC 2996g.

Annual report to President and Congress.

"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 evaluation, 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

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PUBLIC LAW 93-355-JULY 25, 1974

in the principal office of the Corporation for a period of at least five years subsequent to such evaluation, 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.

P u b l i c ation in federal R e g i s t e r.

"AUDITS

"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 balances 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) I n 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 Goneral Accounting Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belongi]ig 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 grantee, 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 l^rincipal 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.

42 USC 2996h.

Audit report, submittal to GAG.

GAO a u d i t.

Records, accessibility.

Report to C o n g r e s s and President.

Audit report s, public inspection.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/432

 388 Attorneyc lient privilege.

PUBLIC LAW 93-355-JULY 25, 1974

[88 STAT.

" (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. FINANCING

Appropriation. 42 USC 2996i.

Funds, availability. Non-Federal funds.

"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 1975, $100,000,000 for fiscal year 1976, and such sums as may be necessary for fiscal year 1977. 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 the 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 assistance shall 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. SPECIAL LIMITATIONS

42 USC 2996J.

"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 assistance 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. uCOORDINATION

Support functions. 42 USC 2996k.

"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. RIGHT TO REPEAL, ALTER, OR AMEND

42 USC 2996Z.

"SEC. 1013. The right to repeal, alter, or amend this title at any time is expressly reserved.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/433

 88 STAT. ]

PUBLIC LAW 93-355-JULY 25, 1974

389

SHORT TITLE

"SEC. 1014. This title may be cited as the 'Legal Services Corporation Act'.".

42 USC 2996

TRANSITION PROVISIONS

SEC. 3. (a) Notwithstanding any other provision of law, effective " ^ use 2996b ^ 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 ^"*^' P- ^''^' 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., 42 USC 2809, (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 consultation 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, shall be transferred to the Corporation. Personnel trans- 42 USC 2701 ferred to the Corporation from the Office of Economic Opportunity or note. any successor authority shall be transferred in accordance with applicable laws and regulations, 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 a sCEOa nDirector, sist ce. 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 president 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 Corporation— (A) to assist the Corporation in prej^aring 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

38-194 O - 76 - 28 Pt. 1

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Page:United States Statutes at Large Volume 88 Part 1.djvu/434

 390

Repeal; effective date. 42 USC 2809 and note. Appropriation. 42 USC 2996b note.

PUBLIC LAW 93-356-JULY 25, 1974

[88 STAT.

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 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, 19Y5, such sums as may be necessary for carrying out this section. (f) Title VI of the Economic Opportunity Act of 1964 is amended by inserting after section 625 thereof the following new section: uINDEPENDENCE OF LEGAL SERVICES CORPORATION

42 USC 2971e. Ante, p. 378.

"SEC. 626. Nothing in this Act, except title X, and no reference to this Act unless such reference refers to title X, shall be construed to affect the powers and activities of the Legal Services Corporation.". Approved July 25, 1974. Public Law 93-356

July 25, 1974 [S.3311]

Government property procurement and services. Simplified procedures. D.e. eode 1-808.

AN ACT To provide for the use of simplified procedures in the procurement of property and services by the Government where the amount involved does not exceed $10,000.

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". 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. 6 a - l) 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)) 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, is amended by striking out "$2,500" and inserting in lieu thereof "$10,000". (b) Section 2304(g) of such title 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)) is amended by striking out "$500" and inserting in lieu thereof "$10,000". Approved July 25, 1974.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/435

 88 STAT. ]

PUBLIC LAW 93-357-JULY 25, 1974

391

Public Law 93-357 AN ACT To provide temporary emergency livestock financing through the establishment of a guaranteed loan program. 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". SEC. 2. (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 serviced 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— (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 purposes related to the breeding, raising, fattening, or marketing of livestock; (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 exceed 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.

July 25, 1974 [S.3679]

Emergency L i v e s to c k Credit Act of 1974. 7 USC prec. 1961 note.

'Livestock.'

Loan g u a r a n t e e.

" L e g a l l y organized lending agency."

Interest r a t e.

Loan certification. 7 USC prec, 1961 note.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/436

 392

Guaranteed loan security. 7 USC prec. 1961 note. Outstanding loan g u a r a n t e e s, limitation. 7 USC prec. 1961 note. 7 USC 1929.

7 USC prec. 1961 note.

7 USC prec. 1961 note.

Effective date. 7 USC prec. 1961 note.

7 USC prec. 1961 note. 7 USC 1932.

Regulations. 7 USC prec. 1961 note.

PUBLIC LAW 93-358-JULY 25, 1974

[88

STAT.

(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 interests, as determined by the Secretary. SEC. 6, Loan guarantees outstanding under this Act shall not exceed $2,000,000,000 at any one time. Subject to the provisions of section 2(c) of this Act, the fund created in section 309 of the Consolidated F a r m and Rural Development Act shall be used by the Secretary for the discharge of the obligations of the Secretary under contracts of guarantee made pursuant to this Act. SEC. 6. Contracts of guarantee under this Act shall not be included in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States. 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 of which the holder had actual knowledge at the time it became a holder. 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 Committee 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. SEC. 9. (a) The provisions of section 310B(d)(6) of the Consolidated F a r m and Rural Development Act shall apply to loans guaranteed under this Act. (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 regulations as he determines necessary to carry out this Act; The proposed regulations shall be issued as soon as possible, but in no event later than thirty days from the date of enactment of this Act. Approved July 25, 1974. Public Law 93-358

July 25, 1974 [H. R. 1 1 1 4 3 ]

eommittee for Purchase of Products and Services of the Blind and Other Severely Handicapped. Appropriation authorization. 41 USC 4 6.

AN ACT To provide the authorization for fiscal year 1975 and succeeding fiscal year s for the Committee for Purchase of P r o d u c t s and Services of the Bliuu and Other Severely Handicapped, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the 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) is amended as follows: (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";

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Page:United States Statutes at Large Volume 88 Part 1.djvu/437

 88 STAT. ]

PUBLIC LAW 93-359-JULY 25, 1974

393

(B) by striking out "fourteen" in the second sentence thereof and inserting in lieu thereof "fifteen"; (C) by striking out "and other severely handicapped individuals." in paragraph (2)(A) and inserting in lieu thereof a period; and (D) by redesignating subparagraphs (B) and (C) of paragraph (2) as subparagraphs (C) and (D), respectively, and inserting after subparagraph (A) the following new subparagraph: " (B) The President shall appoint one member from persons who a pP r ei s itd e n t i a l po n ee. are not officers or employees of the Government and who are conversant with the problems incident to the employment of other severely handicapped individuals.". (2) Section 1(d) is amended— 41 USC 46. (A) by striking out "paragraphs (2) and (3) " in paragraph (1) and inserting in lieu 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 subsection (a) shall be appointed for a term of three years.". (3) Section 5 is amended— ^1 USC 48b. (A) by inserting after paragraph (4) the following new paragraph: "(5) The term 'direct labor' includes all work required for preparation, processing, 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. (4) Section 6 is amended to read as follows: "SEC. 6. There are authorized to be appropriated to the Committee 41 USC 4 8 c. 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.". Approved July 25, 1974. Public Law 93-359 AN ACT

To authorize the waiver of claims of the United States arising out of erroneous payments of pay and allowances to certain officers and employees of the legislative branch.

July 25, 1974 [S.1803;

Be it enacted by the Senate and House of Befresentatives of the United States of America in CoTigress assembled, That section 5584 of br^nc^h^^^*^^' title 5, United States Code, is amended as follows: Overpayment (1) Strike out "executive" wherever it appears in such section. claims, waiver. (2) I n 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) I n subsection (b)(3)— (A) immediately after " (3) " insert the following "except in the case of employees of the Government Printing Office, the

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Page:United States Statutes at Large Volume 88 Part 1.djvu/438

 394

"Agency.

Vice President, Senator or Senate employees, waiver by Secretary of Senate. 2 USC 130c.

Investigation, report to Secretary of Senate.

Time limitation.

Savings provision. Rules and regulations.

PUBLIC LAW 93-359-JULY 25, 1974

[88 STAT.

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 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 Botanic 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 this 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 Botanic Garden.". SEC. 2. (a) 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 investigated 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 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. (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.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/439

 88 STAT. ]

395

PUBLIC LAW 93-360-JULY 26, 1974

SEC. 3. (a) A claim of the United States against a person arising oT^e°m^io°"e^^ out of an erroneous payment of any pay or allowances, other than waiver by cieVk travel and transportation expenses and allowances, on or after the date °^ the House. of enactment of this section, to an officer or employee whose pay is dis- 2 USC 130(1. bursed 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. Investigation, (b) An application for waiver of a claim shall be investigated by report to Speaker the Clerk of the House of Representatives who shall submit a written of the H o u s e, 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 interest in obtaining a waiver of the claim; or Time limitation. (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) I n 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. Savings provi(f) This section does not affect any authority under any other laws i o n. to litigate, settle, compromise, or waive any claim of the United States. Ru e (g) The Speaker of the House shall prescribe rules and regulations r e g u lla tsi oand ns. to carry out the provisions of this section. Approved July 25, 1974. Public Law 93-360 AN ACT To amend the National Labor Relations Act to extend its coverage and protection to employees of nonprofit hospitals, and for other purposes. Be it enacted by the /Senate and House of Representatives of the United /States of America in Congress assembled, That (a) section 2(2) of the National Labor Relations Act is amended by striking out "or any corporation or association 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 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,".

July 26, 1974 [S.3203]

National Labor Relations Act, amendments. 29 USC 152.

" Health care institution."

29 USC 158.

Post,

p. 396.

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Page:The Eurypterida of New York Volume 1.pdf/78

 On comparison of the characters similar to the eurypterids, the king crab and the brachyuran crabs here mentioned, we may first remark that both. Limulus and the crabs are highly specialized in comparison with the eurypterids. This is evinced in Limulus by the extreme broadening of the carapace, the adaptation of the last pair of legs to burrowing and the fusion of the abdominal somites; in the crabs by the excessive broadening of the cephalothorax and the reduction of the abdomen. In both cases the specialization is mainly a distinct adaptation to the crawling and burrowing habit. No such far-reaching specialization is found among the eurypterids.

In surveying the genera of the eurypterids in regard to the characters bearing on their habits, we find that they readily fall into four groups which show the following differentials:

 * 1) Compound eyes marginal, body slender, fishlike, last pair of limbs swimming legs, telson mostly broad and finlike: Hughmilleria, Pterygotus, Erettopterus, Slimonia
 * 2) Compound eyes marginal and frontal, body scorpioid, last pair of limbs swimming legs, telson spiniform: Eusarcus
 * 3) Compound eyes dorsal, subapical, body slender to broad, last pair of limbs swimming legs, telson spiniform: Eurypterus, Dolichopterus
 * 4) Compound eyes dorsal, subapical to apical, body slender, last pair of limbs exceedingly long and slender jointed, telson styliform: Drepanopterus, Stylonurus

We are disposed to believe that these four groups of genera represent four different modes of life habit.

In regard to Pterygotus and Erettopterus, the typical representatives of the first group, it has been remarked by Woodward that the marginal eyes which are half on the underside, prove that the animals could not have been mud grubbers and that the spatulate and bilobed telson was obviously adapted to swimming. Laurie [1893, p. 521] has also conceded that "the only advantage which occurs to one as possibly appertaining to


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Page:United States Statutes at Large Volume 88 Part 1.djvu/440

 PUBLIC LAW 93-360-JULY 26, 1974

396 Notices. 29 USC 158.

Notification preceding s t r i k e s.

[88 STAT.

(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 ^iven 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 them to agreement. The parties shall participate fully and promptly in such meetings as may be undertaken by the Service for the purpose of aiding in a settlement of the dispute." (e) Section 8 of such Act is amended by adiiing 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 Conciliation 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, is amended by adding at the end thereof the following new section: "CONCILIATION OF LABOR DISPUTES I N THE HEALTH CARE INDUSTRY

Board of Inquiry. 29 USC 183.

Ante,

p. 395.

Report.

Membership.

"SEC. 213. (a) If, in the opinion of the Director of the Federal Mediation and Conciliation 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 withm 30 days after the notice to the Federal Mediation and Conciliation Service under clause (A) of the last sentence of section 8(d) (which is required by clause (3) of such section 8(d)), 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, subsistence, and other necessary expenses incurred by them in carrying out its duties under this section.

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PUBLIC LAW 93-361-JULY 30, 1974

"(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, 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 has 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:

Compensation.

5 USC 5332 note.

Appropriation.

ii INDIVIDUALS WITH RELIGIOUS CONVICTIONS

"SEC. 19. 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, 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. Approved July 26, 1974.

29 USC 169.

26 USC 501,

Effective date. 29 USC 169 note.

Public Law 93-361 AN ACT To secure to the Congress additional time in which to consider the proposed amendments to the Federal Rules of Criminal Procedure which the Chief Justice of the United States Supreme Court transmitted to the Congress on April 22, 1974.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the provisions of sections 3771 and 3772 of title 18 of the United States Code, the effective date of the proposed amendments to the Federal Rules 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 Congiess by the Chief Justice on April 22, 1974, is postponed until August 1, 1975. Approved July 30, 1974.

July 30, 1974 [H. R.15461]

Federal Rules of eriminal Procedure. Congressional approval, time extension. 18 USC 3771 note.

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[88

STAT.

Public Law 93-362 July 30, 1974 [H. R. 1 1 2 9 5 ]

Anadromous F i s h Conservation Act, amendments.

AN ACT To amend the Anadromoiis Fish Conservation Act in order to extend the authorization for appropriations: to carry out such Act, and for other purposes.

Be it enacted by the Senate aTid 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) 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 Anadromous Fish Conservation Act (16 U.S.C. 757d(a)) 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% per centum". (b) Section 4(a) 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". Approved July 30, 1974. Public Law 93-363

July 30, 1974 [H. R. 9440]

Federal employees. A c c e s s to clinical p s y c h o l o g i s t s and o p to m e t r i s t s.

Effective date. 5 USC 8902 note.

AN ACT To provide for access to all duly licensed clinical psychologists and optometrists without prior referral in the Federal employee health benefits program.

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: " (i) 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 access 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. Approved July 30, 1974.

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i

399

Public Law 93-364 AN ACT To authorize the Secretary of the Interior to sell certain rights in the State of Florida.

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. Approved August 2, 1974.

August 2, 1974 [H. R.377]

Marion County, Fla. Mineral intere s t s, conveyance.

Administrative costs.

Application.

" Administrative costs."

Public Law 93-365 AN ACT

August 5, 1974 FH R 14592]

To authorize appropriations during the fiscal year 1975 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test and evaluation for the Armed Forces, and to prescribe the authorized personnel strength for each active duty component and of the Selected Reserve of each Reserve component of the Armed Forces and of civilian personnel of the Department of Defense, and to authorize the military training student loads and for other purposes.

Be it enacted ty the Senate and House of Representatives United States of America in Congress oMsembled^

'

.

of the Department of Defense Appropriation Authorization Act, 1975.

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fes

STAT.

TITLE I—PROCUREMENT 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: AIRCRAFT

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 and 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. MISSILES

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. NAVAL VESSELS

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 D D 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 t u g; $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. TRACKED COMBAT VEHICLES

For tracked combat vehicles: for the Army, $300,600,000; for the Marine Corps, $74,200,000. TORPEDOES

For torpedoes and related support equipment: for the Navy, $187,700,000,

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401

OTHER WEAPONS

For other weapons: for the Army, $52,200,000; for the Navy, $25,500,000; for the Marine Corps, $500,000. TITLE II—RESEAECH, DEVELOPMENT, TEST AND EVALUATION SEC. 201. Funds are hereby authorized to be appropriated during the fiscal year 19^5 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, J^p f pfi SP

TITLE III—ACTIVE FORCES 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 Marme 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 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 strength of United States forces in Europe by the amount of any such 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)

Reduction.

i^^^f;^%^^'^^ d'Jpfoyrent?'^"''^'

, R^p°'-i^ to °"^''Army, Navy and ^at romponentlf.

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NATO members, weapons s y s t e m s, standardization, a s s e s s m e n t and evaluation.

Submittal to Congress.

Reports to Congress.

U.S. t a c t i c a l nuclear warheads in Europe. Use and reduction, study.

Report to congressional committees.

PUBLIC LAW 93-365-AUG. 5, 1974

[88 STAT.

and combat aircraft wings (fighter, attack, reconnaissance, and p a t r o l); 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. H e 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 evaluations 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 conventional 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. TITLE IV—RESERVE FORCES SEC. 401. For the fiscal year beginning July 1, 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

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which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in imits 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 1, 1974. (b) I t 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.

^^ National

Guard.

6'

Strategic airlift crew ratio i n c r e a s e, study.

Submittal to Congress.

TITLE V—CIVILIAN PERSONNEL 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

Reduction.

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