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 PUBLIC LAW 94-469—OCT. 11, 1976

90 STAT. 2049

SEC. 27. DEVELOPMENT AND EVALUATION OF TEST METHODS.

(a) IN GENERAL.—The Secretary of Health, Education, and Welfare, Consultation. in consultation with the Administrator and acting through the Assist- 15 USC 2626. ant Secretary for Health, may conduct, and make grants to public and nonprofit private entities and enter into contracts with public and private entities for, projects for the development and evaluation of inexpensive and efficient methods (1) for determining and evaluating the health and environmental effects of chemical substances and mixtures, and their toxicity, persistence, and other characteristics which affect health and the environment, and (2) which may be used for the development of test data to meet the requirements of rules promulgated under section 4. The Administrator shall consider such methods in prescribing under section 4 standards for the development of test data. (b) APPROVAL BY SECRETARY.—No g r a n t may be m a d e o r contract Grants or entered into under subsection (a) unless an application therefor has contracts, been submitted to and approved by the Secretary. Such an application application.

shall be submitted in such form and manner and contain such information as the Secretary may require. The Secretary may apply such conditions to grants and contracts under subsection (a) as the Secretary determines are necessary to carry out the purposes of such subsection. Contracts may be entered into under such subsection without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529;41 U.S.C. 5). (c) A N N U A L REPORTS.—(1) The Secretary shall prepare and submit to the President and the Congress on or before January 1 of each year a report of the number of grants made and contracts entered into under this section and the results of such grants and contracts. (2) The Secretary shall periodically publish in the Federal Register reports describing the progress and results of any contract entered into or g r a n t made under this section.

Report to President and Congress. Publication in Federal Register.

SEC. 28. STATE PROGRAMS.

(a) IN GENERAL.—For the purpose of complementing (but not reduc- 15 USC 2627. ing) the authority of, or actions taken by, the Administrator under this Act, the Administrator may make g r a n t s to States for the establishment and operation of programs to prevent or eliminate unreasonable risks within the States to health or the environment which are associated with a chemical substance or mixture and with respect to which the Administrator is unable or is not likely to take action under this Act for their prevention or elimination. The amount of a g r a n t under this subsection shall be determined by the Administrator, except that no g r a n t for any State program may exceed 75 p e r centum of the establishment and operation costs (as determined by the Administrator) of such program during the period for which the grant is made. (b) APPROVAL BY ADMINISTRATOR.—(1) No g r a n t may be m a d e under Grants, subsection (a) unless an application therefor is submitted to and application.

approved by the Administrator. Such an application shall be submitted in such form and manner as the Administrator may require and shall— (A) set forth the need of the applicant for a g r a n t under subsection (a), (B) identify the agency or agencies of the State which shall establish or operate, or both, the program for which the application is submitted, (C) describe the actions proposed to be taken under such program,

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 90 STAT. 2050

Application, approval.

Report to Congress.

PUBLIC LAW 94-469—OCT. 11, 1976 (D) contain or be supported by assurances satisfactory to the Administrator that such program shall, to the extent feasible, be integrated with other programs of the applicant for environmental and public health protection, (E) provide for the making of such reports and evaluations as the Administrator may require, and (F) contain such other information as the Administrator may prescribe. (2) The Administrator may approve an application submitted in accordance with paragraph (1) only if the applicant has established to the satisfaction of the Administrator a priority need, as determined under rules of the Administrator, for the grant for which the application has been submitted. Such rules shall take into consideration the seriousness of the health effects in a State which are associated with chemical substances or mixtures, including cancer, birth defects, and gene mutations, the extent of the exposure in a State of human beings and the environment to chemical substances and mixtures, and the extent to which chemical substances and mixtures are manufactured, processed, used, and disposed of in a State. (c) ANNUAL KEPORTS.—Not later than six months after the end of each of the fiscal years 1979, 1980, and 1981, the Administrator shall submit to the Congress a report respecting the programs assisted by grants under subsection (a) in the preceding fiscal year and the extent to which the Administrator has disseminated information respecting such programs. (d) AUTHORIZATION.—For the purpose of making grants under subsection (a) there are authorized to be appropriated $1,500,000 for the fiscal year ending September 30, 1977, $1,500,000 for the fiscal year ending September 30, 1978, and $1,500,000 for the fiscal year ending September 30, 1979. Sums appropriated under this subsection shall remain available until expended. SEC. 29. AUTHORIZATION FOR APPROPRIATIONS.

15 USC 2628.

Report to President and G>ngres8. 15 USC 2629.

f

There are authorized to be appropriated to the Administrator for purposes of carrying out this Act (other than sections 27 and 28 and subsections (a) and (c) through (g) of section 10 thereof) $10,100,000 for the fiscal year ending September 30, 1977, $12,625,000 for the fiscal year ending September 30, 1978, $16,200,000 for the fiscal year ending September 30, 1979. No part of the funds appropriated under this section may be used to construct any research laboratories. SEC. 30. ANNUAL REPORT. The Administrator shall prepare and submit to the President and the Congress on or before January 1, 1978, and on or before January 1 of each succeeding year a comprehensive report on the administration of this Act during the preceding fiscal year. Such report shall include— (1) a list of the testing required under section 4 during the year for which the report is made and an estimate of the costs incurred during such year by the persons required to perform such tests; (2) the number of notices received during such year under section 5, the number of such notices received during such year under such section for chemical substances subject to a section 4 rule, and a summary of any action taken during such year under section 5(g); (3) a list of rules issued during such year under section 6; (4) a list, with a brief statement of the issues, of completed or pending judicial actions under this Act and administrative actions under section 16 during such year;

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 PUBLIC LAW 94-469—OCT. 11, 1976 (5) a summary of major problems encountered in the administration of this Act; and (6) such recommendations for additional legislation as the Administrator deems necessary to carry out the purposes of this Act. SEC. 31. EFFECTIVE DATE. Except as provided in section 4(f), this Act shall take effect on .Fanuary 1, 1977. Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1341 accompanying H.R. 14032 (Comm. on Interstate and Foreign Commerce) and No. 94-1679 (Comm. of Conference). SENATE REPORTS: No. 94-698 (Comm. on Commerce) and No. 94-1302 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 26, considered and passed Senate. Aug. 23, considered and passed House, amended, in lieu of H.R. 14032. Sept. 28, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 42: Oct. 12, Presidential statement.

90 STAT. 2051

Recommenda*'°"®'

15 USC 2601 note.

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 90 STAT. 2052

PUBLIC LAW 94-470—OCT. 11, 1976

Public Law 94-470 94th Congress An Act Oct. 11, 1976 [S. 14] Federal judges. Retirement pay adjustments.

To provide cost-of-living adjustments in retirement pay of certain Federal jtidges.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled., That section 378 of title 28, United States Code, is amended by adding at the end thereof the following new paragraph: "Any judge who has retired by resigning under the provisions of this section, or who is otherwise entitled to payments under this section, shall be entitled after the effective date of this Act to a cost-ofliving adjustment in the amount payable to him computed as specified in section 8340(b) of title 5, United States Code: Provided., however., That in no case shall the salary or amount payable to such jiulge as increased under this paragraph exceed 95 per centum of the salary of a United States district court judge in regular active service.". Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1605 (Comm. on the Judiciary). SENATE REPORT No. 94-619 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 4, considered and passed Senate. Sept. 29, considered and passed House.

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 PUBLIC LAW 94-471—OCT. 11, 1976

90 STAT. 2053

Public Law 94-471 94th Congress An Act Oct. 11, 1976 Authorizing appropriations to the National Science Foundation for fiscal year [H.R. 12566] 1977. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may National Science be cited as the "National Science Foundation Authorization Act, Foundation Authorization 1977." Act, 1977. 42 USC 1861 AUTHORIZATION FOR ACTIVITIES OF THE NATIONAL SCIENCE FOUNDATION note. SEC. 2. (a) There is authorized to be appropriated to the National Science Foundation for the fiscal year 1977, for the following categories: (1) Mathematical and Physical Sciences and Engineering, $231,525,000. (2) Astronomical, Atmospheric, Earth and Ocean Sciences, $244,850,000. (3) Biological, Behavioral, and Social Sciences, $130,425,000. (4) Science Education Program s, $69,400,000. (5) Kesearch Applied to National Needs, $69,000,000. (6) Scientific, Technological, and International Affairs, $22,000,000. (7) Program Development and Management, $43,500,000. (b) The National Science Foundation shall recommend and encourage the pursuit of national policies designed to foster research and education in science and engineering, and the application of scientific and technical knowledge to the solution of national and international problems. (c) The National Science Foundation is authorized and directed to provide assistance to the Office of Science and Technology Policy established by the "Presidential Science and Technology Advisory Organization Act of 1976" (42 U.S.C. 6611). (d) Notwithstanding any other provision of this or any other Act not less than 10 per centum of the amount authorized for category (5) of subsection (a) of this section shall be expended to small business concerns. (e)(1) The National Science Foundation shall establish uniform procedures for establishing the responsibility for material published with the assistance of or under the sponsorship of the Foundation. The Foundation shall also establish procedures for reporting on the utilization of research projects assisted under the program "Research Applied to National Needs". (2) The National Science Foundation shall arrange for the dissemination of all substantive technical reports through the National Technical Information Service of the Department of Commerce. (3) I n the conduct of the energy research and development activities under the "Research Applied to National Needs" category, the National Science Foundation shall coordinate all new energy research project awards with the Administrator of the Energy Research and Development Administration or his designee. (f) The Director of the National Science Foundation is authorized and directed to conduct a feasibility study of operating the peer review system used in the evaluation of g r a n t proposals within the Founda-

Ante, p. 463.

42 USC 5820 note.

42 USC 1864 note.

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 90 STAT. 2054

Transfer of funds, limitation.

Report to Speaker of the House, President of the Senate and congressional committees.

PUBLIC LAW 94-471—OCT. 11, 1976 tion SO as to assure that the identity of the proposer is not known to the reviewers of the proposal. Any such system shall be considered to supplement and not to supplant the peer review system in operation in the Foundation on the date of enactment of this Act. (g) No funds may be transferred from any particular category listed in section 2(a) to any other category or categories listed in such section if the total of the funds so transferred from that particular category would exceed 10 per centum thereof, and no funds may be transferred to any particular category listed in section 2(a) from any other category or categories listed in such section if the total of the funds so transferred to that particular category would exceed 10 per centum thereof luiless-— (1) a period of thirty legislative days has passed after the Director or his designate has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Technology of the House of llepresentatives and to the Committee on Labor and Public Welfare of the Senate a written report containing a full and complete statement concerning the nature of the transfer and the reason thereof, or (2) each such committee before the expiration of such period has transmitted to the Director written notice to the effect that such committee has no objection to the proposed action. INTERNATIONAL SCIENTIFIC KESEARGIT, EDUCATION, AND POLICY ANALYSIS

SEC. 3. The National Science Foundation is authorized and directed to support basic and applied research and education programs, and to conduct and support policy analysis, information dissemination, and international cooperative programs consistent with the Nation's foreign policy objectives designed to make the results of scientific research conducted abroad more readily available to United States scientists, engineers, and technologists, to promote international cooperation in science and technology, to assist in the resolution of critical and emerging problems with significant scientific or technical components, such as world food and population problems, and to insure full coordination of these programs with related activities conducted by other Federal agencies and organizations. The Director of the National Science Foundation shall consult with the Secretary of State to assure that the programs authorized under this section are consistent with the foreign policy objectives of the United States. INTERDISCIPLINARY RESEARCH

SEC. 4. The National Science Foundation is directed to encourage and promote the conduct of interdisciplinary research through broadly based undergraduate interdisciplinary education programs, interdisciplinary research projects which provide for apprenticeship training, interdisciplinary fellowship programs, and arrangements for degree training, including postgraduate degrees in more than one discipline, in institutions of higher education. SCIENCE FOR CITIZENS

42 USC 1862 note.

SEC. 5. (a) The National Science Foundation is authorized and directed to conduct an experimental "Science for Citizens Program" and an augmented Public Understanding of Science Program under which funds will be available for pilot projects to:

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90 STAT. 2055

(1) improve public understanding of science, engineering and technology and their impact on public policy issues. (2) facilitate the participation of experienced scientists and engineers as well as graduate and undergraduate students in helping the public understand science, engineering and technology and their impact on public policies; and (3) assist nationally recognized professional societies and groups serving important public purposes in conducting a limited number of forums, conferences, and workshops to increase public understanding of science and technology, and of their impact on public policy issues, after consideration of the following eligibility factors: (A) the extent to which the proposal of the society or group will contribute to the development of facts, issues, and arguments relevant to public policy issues having significant scientific and technical aspects, and (B) the ability of the society or group, using its own resources, to conduct such forums, conferences, and workshops, (b) One or more review panels shall be established for the pur- Panels, pose of evaluating applications for awards under this section. The establishment. membership of each review panel shall have balanced representation fi-oin the scientific and nonscientific communities and the public and private sectors. (c) No contract, grant or other arrangement shall be made under Contract this Section without the prior approval of the National Science approval. Board. (d) To assist the Congress in evaluating activities initiated pursu- Analysis, ant to this Section, the Director of the National Science Foundation, submittal to congressional in consultation with a review panel having a balanced representation committees. from the scientific and nonscientific community and the public and private sectors, is directed to prepare a comprehensive analysis and assessment of such activities to be submitted to the House Committee on Science and Technology and the Senate Committee on Labor and Public Welfare, not later than October 31, 1977. An interim report is Interim report, required no later than March 1, 1977. CONTINUING EDUCATION I N SCIENCE AND ENGINEERING

SEC. 6. (a) The National Science Foundation shall develop a pro- Program plan. gram plan for continuing education in science and engineering in 42 USC 1862 order to enable scientists and engineers who have been engaged in note. their careers for at least five years to pursue courses of study designed to— (1) provide them with new knowledge, techniques, and skills in their special fields; or (2) acquire new knowledge, techniques, and skills in other fields which will enable them to render more valuable contributions to the Nation. (b) The program plan developed under this section shall include, but not be limited to— (1) the development of special curricula and educational techniques for continuing education in science and technology; and (2) the award of fellowships to scientists and engineers to enable them to pursue courses of study which provide continuing education in science and engineering. (c) The Foundation is directed to provide the House Committee on Report to Science and Technology and the Senate Committee on Labor and Pub- congressional committees.

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 90 STAT. 2056

PUBLIC LAW 94-471—OCT. 11, 1976

lie Welfare, not later than March 1, 1977, with a detailed report on the program plan developed under this section, including recommendations for its implementation in fiscal year 1978. MINORITIES, WOMEN, AND HANDICAPPED

Executive position search.

42 USC 1873 note.

Quarterly report to Congress.

Grants.

Criteria. Report to congressional committees.

INDIVIDUALS

SEC. 7. (a) The Director of the National Science Foundation shall initiate an intensive search for qualified women, members of minority groups, and handicapped individuals to fill executive level positions in the National Science Foundation. I n carrying out the requirement of this subsection, the Director shall work closely with organizations which have been active in seeking greater recognition and utilization of the scientific and technical capabilities of minorities, women, and handicapped individuals. The Director shall improve the representation of minorities, women, and handicapped individuals on advisory committees, review panels, and all other mechanisms by which the scientific community provides assistance to the Foundation. The Director of the National Science Foundation shall report quarterly to the Congress on the status of minorities, women, and handicapped individuals and activities undertaken pursuant to this section. (b) Notwithstanding any other provision of this or any other Act, the National Science Foundation shall, with funds available from the program "Minorities, Women, and Handicapped Individuals in Science" conduct experimental forums, conferences, workshops or other activities designed to improve scientific literacy and to encourage and assist minorities, women, and handicapped individuals to undertake and to advance in careers in scientific research and science education. (c)(1) I n order to promote increased participation by minorities in careers in science and engineering, the National Science Foundation is authorized and directed to make available planning and study grants for programs including, but not limited to. Minority Centers for Graduate Education in Science and Engineering in accordance with this subsection. (2) The g r a n t s for Minority Centers for Graduate Education shall be used to determine the need for and feasibility of developing Centers to be established at geographically dispersed educational institutions which— (A) have substantial minority student enrollment; (B) are geographically located near minority population centers; (C) demonstrate a commitment to encouraging and assisting minority students, researchers, and faculty; (D) have an existing or developing capacity to offer doctoral pixjgrams in science and engineering; (E) will support basic research and the acquisition of necessary research facilities and equipment; (F) will serve as a regional resource in science and engineering for the minority community which the Center is designed to serve; and (G) will develop joint educational programs with nearby undergraduate institutions of higher education which have a substantial minority student enrollment. (3) The Director, in consultation with groups which have been active in seeking greater recognition of the scientific and technical capabilities of minorities, shall establish criteria for the award of the grants, and shall report to the Committee on Science and Technology

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 PUBLIC LAW 94-471—OCT. 11, 1976

90 STAT. 2057

of the House of Representatives and the Committee on Labor and Public Welfare of the Senate on the results of activities including an evaluation and assessment of the entire program carried out under this subsection, not later than March 1, 1977. OFFICE OF SMALL BUSINESS RESEARCH AND DEVELOPMENT

SEC. 8. The National Science Foundation is authorized and directed to establish an Office of Small Business Research and Development. The Foundation through the Office of Small Business Research and Development and in cooperation and consultation with the Small Business Administration shall— (1) foster communication between the National Science Foundation and the small business community, and insure that the setaside for small business concerns provided under this Act or any other Act authorizing appropriations for the National Science Foundation is fully and effectively utilized; (2) collect, analyze, compile, and publish information concerning grants and contracts awarded to small business concerns by the Foundation, and the procedures for handling proposals submitted by small business concerns; (3) assist individual small business concerns in obtaining information regarding programs, policies, and procedures of the Foundation, and assure the expeditious processing of proposals by small business concerns based on scientific and technical merit; (4) recommend to the Director and to the National Science Board such changes in the procedures and practices of the Foundation as may be required to enable the Foundation to draw fully on the resources of the small business research and development community; and (5) make quarterly reports to the Congress concerning the activities of the Office of Small Business Research and Development.

Establishment, 42 USC 1883.

Quarterly reports to Congress.

NATIONAL SCIENCE BOARD

SEC. 9. (a) Section 4 of the National Science Foundation Act of 1960 is amended by inserting before the period at the end of subsection Ante, p. 473. (a) a comma and the following: "within the framework of applicable 42 USC 1863. national policies as set forth by the President and the Congress". (b) Section 4(g) of such Act as redesignated by this section is amended— (1) by inserting after "the Director," the following: "after consultation with the Chairman of the Board"; and (2) by striking out "GS-15" and inserting in lieu thereof "GS-18". LIMITATION

SEC. 10. (a) In addition to such sums as are authorized by section 2, Appropriation not to exceed $6,000,000 is authorized to be appropriated for fiscal year authorization. 1977, for expenses of the National Science Foundation incurred outside the United States to be paid for in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States. (b) Appropriations made pursuant to this Act may be used, but not to exceed $5,000 for official consultation, representation, or other \ extraordinary expenses upon the approval or authority of the Director of the National Science Foundation, and his determination shall be final and conclusive upon the accounting officers of the Government.

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 90 STAT. 2058

PUBLIC LAW 94-471—OCT. 11, 1976 (c) Appropriations made pursuant to this Act shall remain available for obligation, for expenditure, or for obligation and expenditure, for such period or periods as may be specified in Acts making such appropriations. INFORMATION

42 USC 1882.

REQUIREMENT

SEC. 11. Notwithstanding any other provision of this or any other Act, the Director of the National Science Foundation shall keep the Committee on Science and Technology of the House of Representatives and the Committee on Labor and Public Welfare of the Senate fully and currently informed with respect to all of the activities of the National Science Foundation. Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-930 (Comm. on Science and Technology) and No. 94-1689 (Comm. of Conference). SENATE REPORTS: No. 94-888 accompanying S. 3202 and No. 94-890 (both from Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 24, 25, considered and passed House. May 27, considered and passed Senate, amended, in lieu of S. 3202. Sept. 24, Senate agreed to conference report. Sept. 29, House agreed to conference report.

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 90 STAT. 2059

PUBLIC LAW 94-472—OCT. 11, 1976

Public Law 94-472 94th Congress An Act To supplement the authority of the President to collect regular and periodic information on international investment. Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

Oct. 11, 1976 [S. 28391

of the

International Investment Survey Act of SHORT TITLE 1976. SECTION 1. This Act niav be cited as the "International Investment 22 USC 3101 note. Survey Act of 1976". FINDINGS AND PURPOSE

SEC. 2. (a) The Congress finds and declares that— (1) the United States Government is presently authorized to collect limited amounts of information on United States investment abroad and foreign investment in the United States; (2) international investment has increased rapidly within recent year s; (3) such investment significantly aflfects the economies of the United States and other nations; (4) international eli'orts to obtain information on the activities of multinational enterprises and other international investors have accelerated recently; (5) the potential consequences of international investment cannot be evaluated accurately because the United States Government lacks sufficient information on such investment and its actual or possible effects on the national security, commerce, employment, inflation, general welfare, and foreign policy of the United States; (6) accurate and comprehensive information on international investment is needed by the Congress to develop an informed United States policy on such investment; and (7) existing estimates of international investment, collected under existing legal authority, are limited in scope and are based on outdated statistical bases, reports, and information which are insufficient for policy formulation and decisionmaking. (b) I t is therefore the purpose of this Act to provide clear and unambiguous authority for the President to collect information on international investment and to provide analyses of such information to the Congress, the executive agencies, and the general public. I t is the intent of the Congress that information which is collected from the public under this Act be obtained with a minimum burden on business and other respondents and with no unnecessary duplication of effort, consistent with the national interest in obtaining comprehensive and reliable information on international investment. (c) Nothing in this Act is intended to restrain or deter foreign investment in the United States or United States investment abroad.

22 USC 3101. U.S. and foreign investment information.

Presidential authority. Information analyses, availability.

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 90 STAT. 2060

PUBLIC LAW 94-472—OCT. 11, 1976 DEFINITIONS

22 USC 3102.

SEC. 3. As used in this Act, the term— (1) "United States", when used in a geographic sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, and all territories and possessions of the United States; (2) "foreign", when used in a geographic sense, means that which is situated outside the United States or which belongs to or is characteristic of a country other than the United States; (3) "person" means any individual, branch, partnership, associated group, association, estate, trust, corporation, or other organization (whether or not organized under the laws of any State), and any government (including a foreign government, the United States Government, a State or local government, and any agency, corporation, financial institution, or other entity or instrumentality thereof, including a government-sponsored agency); (4) "United States person" means any person resident in the United States or subject to the jurisdiction of the United States; (5) "foreign person" means any person resident outside the United States or subject to the jurisdiction of a country other than the United States; (6) "business enterprise" means any organization, association, branch, or venture which exists for profitmaking purposes or to otherwise secure economic advantage, and any ownership of any real estate; (7) "parent" means a person of one country who, directly or indirectly, owns or controls 10 per centum or more of the voting stock of an incorporated business enterprise, or an equivalent ownership interest in an unincorporated business enterprise, which is located outside that country; (8) "affiliate" means a business enterprise located in one country which is directly or indirectly owned or controlled by a person of another country to the extent of 10 per centum or more of its voting stock for an incorporated business or an equivalent interest for an unincorporated business, including a branch; (9) "international investment" means (A) the ownership or control, directly or indirectly, by contractual commitment or otherwise, by foreign persons of any interest in property in the United States, or of stock, other securities, or short- and long-term debt obligations of a United States person, and (B) the ownership or control, directly or indirectly, by contractual commitment or otherwise, by United States persons of any interest in property outside the United States, or of stock, other securities, or shortand long-term debt obligations of a foreign person; (10) "direct investment" means the ownership or control, directly or indirectly, by one person of 10 per centum or more of the voting securities of an incorporated business enterprise or an equivalent interest in an unincorporated business enterprise; and (11) "portfolio investment" means any international investment which is not direct investment. AUTHORITY AND DUTIES

22 USC 3103. Data collection program,

SEC. 4. (a) The President shall, to the extent he deems necessary and feasible— (1) conduct a regular data collection program to secure current information on international capital flows and other information related to international investment, including (but not limited to) such information as may be necessary for comput-

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 PUBLIC LAW 94-472—OCT. 11, 1976 ing and analyzing the United States balance of payments, the employment and taxes of United States parents and affiliates, and the international investment position of the United States; (2) conduct such studies and surveys as may be necessary to prepare reports in a timely manner on specific aspects of international investment which may have significant implications for the economic welfare and national security of the United States; (3) study the adequacy of information, disclosure, and reporting requirements and procedures relating to international investment; recommend necessary improvements in information recording, collection, and retrieval and in statistical analysis and presentation relating to international investment; and report periodically to the Committees on Foreign Relations and Commerce of the Senate and the Committee on International Relations of the House of Representatives on national and international developments with respect to laws and regulations affecting international investment; and (4) publish for the use of the general public and United States Government agencies periodic, regular, and comprehensive statistical information collected pursuant to this subsection and to the benchmark surveys conducted pursuant to subsections (b) and (c). (b) With respect to the United States direct investment abroad and foreign direct investment in the United States, the President shall conduct a comprehensive benchmark survey at least once every five years and, for such purpose, shall, among other things and to the extent he determines necessary and feasible— (1) identify the location, nature, and magnitude of, and changes in total investment by any parent in each of its affiliates and the financial transactions between any parent and each of its affiliates; (2) obtain (A) information on the balance sheet of parents and affiliates and related financial data, (B) income statements, including the ^ o s s sales by primary line of business (with as much product line detail as is necessary and feasible) of parents and affiliates in each country in which they have significant operations, and (C) related information regarding trade between a parent and each of its affiliates and between each parent or affiliate and any other person; (3) collect employment data showing both the number of United States and foreign employees of each parent and affiliate and the levels of compensation, by country, industry, and skill level; (4) obtain information on tax payments by parents and affiliates by country; and (5) determine, by industry and country, the total dollar amount of research and development expenditures by each parent and affiliate, payments or other compensation for the transfer of technology between parents and their affiliates, and payments or other compensation received by parents or affiliates from the transfer of technology to other persons. (c)(1) The President shall conduct a comprehensive benchmark survey of foreign portfolio investment in the United States at least once every five years and, for such purposes, shall (among other things and to the extent he determines necessary and feasible) determine the magnitude and aggregate value of portfolio investment, form of investments, types of investors, nationality of investors and recorded residence of foreign private holders, diversification of holdings by economic sector, and holders of record. (2) In addition to the benchmark surveys conducted pursuant to paragraph (1), the President shall conduct a benchmark survey of

89-194 O—78—pt. 2

38

90 STAT. 2061

Studies and surveys.

Periodic report to congressional committees.

Statistical information, publication. Benchmark survey.

Financial data.

Employment data.

Foreign portfolio investment, benchmark survey.

U.S. portfolio investment abroad, benchmark survey.

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 90 STAT. 2062

Presidential report to Congress.

Land data system. Findings and conclusions, submittal to Congress.

Reporting and recordkeeping.

PUBLIC LAW 94-472—OCT. 11, 1976

United States portfolio investment abroad and, for such purpose, shall (among other things and to the extent he determines necessary and feasible) determine the magnitude and aggregate value of portfolio investment, form of investments, types of investors, nationality of investors and recorded residence of private holders, diversification of holdings by economic sector, and holders of record. The President shall complete such survey not later than the end of the five-year period beginning on the date of enactment of this Act. After completion of such survey, the President shall report to the Congress on the feasibility and desirability of conducting, on a periodic basis, additional benchmark surveys of United States portfolio investment abroad. If he determines that such additional benchmark surveys are feasible and desirable, he may conduct such surveys. (d) The President shall conduct a study of the feasibility of establishing a system to monitor foreign direct investment in agricultural, rural, and urban real property, including the feasibility of establishing a nationwide multipurpose land data system, and shall submit his findings and conclusions to the Congress not later than two years after the enactment of this Act. (e) Activities shall be conducted so that information obtained pursuant to this Act shall be timely and useful in the development of policy with respect to international investment. Reporting and recordkeeping requirements imposed under this Act shall be designed in order to minimize costs to the extent feasible, consistent with effective enforcement and the compilation of information required by this Act. Reporting, recordkeeping, and documentation requirements shall be periodically reviewed and revised in the light of developments in the field of information technology. (f) In collecting information under this Act, the President shall ^ive due regard to the costs incurred by persons supplying such information, as well as to the costs incurred by the Government, and shall insure that the information collected is only in such detail as is necessary to fulfill the stated purposes for which the information is being gathered. RI7L£S AND REGULATIONS; ACCESS TO INFORMATION

22 USC 3104.

Recordkeeping.

Reports.

SEC. 5. (a) The authorities and responsibilities under this Act may be exercised through such rules and regulations as may be necessary to carry out the purposes of this Act. (b) Rules or regulations issued pursuant to this Act may require any person subject to the jurisdiction of the United States— (1) to maintain a complete record of any information (including journals or other books of original entry, minute books, stock transfer records, lists of shareholders, or financial statements) which is essential to carrying out the international investment surveys and studies to be conducted under this Act; and (2) to furnish, under oath, any report containing information which is determined to be necessary to carry out the international investment surveys and studies conducted under this Act. (c) Access to information obtained under subsection (b)(2) of this section shall be available only to officials or employees designated to perform functions under this Act, including consultants and persons working on contracts awarded pursuant to this Act. Subject to the limitation of paragraph (1) of this subsection, the President may authorize the exchange between agencies or officials designated by him of information furnished by any person under this Act as he deems necessary to carry out the purposes of this Act. Nothing in this section

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 PUBLIC LAW 94-472—OCT. 11, 1976

90 STAT. 2063

shall be construed to rec[uire any Federal agency to disclose to any official exercising authority under this Act any information or report collected under legal authority other than this Act where disclosure is prohibited by law. Information collected pursuant to subsection (b) Information disclosure, (2) may be used only— (1) for analytical or statistical purposes within the United limitations. States Government; or (2) for the purpose of a proceeding under subsection (d) of this section or under section 6(b) or (c). No official or employee designated to perform functions under this Act, including consultants and persons working on contracts awarded pursuant to this Act, may publish or make available to any other person any information collected pursuant to subsection (b)(2) in a manner that the person who furnished the information can be specifically identified except as provided in this section. No person can compel the submission or disclosure of any report or constituent part thereof collected pursuant to this Act, or any copy of such report or constituent part thereof, without the prior written consent of the person who maintained or furnished such report under subsection (b) and without prior written consent of the customer, where the person who maintained or furnished such report included information identifiable as being derived from the records of such customer. (d) Any person who willfully violates subsection (c) shall, upon Penalty conviction, be fined not more than $10,000, in addition to any other penalty imposed by law. ENFORCEMENT

SEC. 6. (a) Whoever fails to furnish any information required under Failure to this Act, whether required to be furnished in the form of a report or furnish otherwise, or to comply with any rule, regulation, order, or instruc- information. tion promulgated under this Act, may be subject to a civil penalty not Penalties. exceeding $10,000 in a proceeding brought under subsection (b) of this 22 USC 3105. section. (b) Whenever it appears that any person has failed to furnish any information required under this Act, whether required to be furnished in the form of a report or otherwise, or has failed to comply with any rule, regulation, order, or instruction promulgated under this Act, a civil action may be brought in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, and such court may enter a restraining order or a permanent or temporary injunction commanding such person to furnish such information or to comply with such rule, regulation, order, or instruction, as the case may be, or impose the civil penalty provided in subsection (a) of this section, or both. (c) Whoever willfully fails to submit any information required Failure to under this Act, whether required to be furnished in the form of a submit report or otherwise, or willfully violates any rule, regulation, order, or information. instruction promulgated under this Act, upon conviction, shall be Penalty. fined not more than $10,000 and, if an individual, may be imprisoned for not more than one year, or both, and any officer, director, employee,or agent of any corporation who knowingly participates in such violation, upon conviction, may be punished by a like fine, imprisonment, or both.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/596

 90 STAT. 2064

PUBLIC LAW 94-472—OCT. 11, 1976 USE OF EXPERTS AND ADMINISTRATIVE

Compensation.

22 USC 3106.

SUPPORT SERVICES

SEC. 7. (a) Any official designated by the President to carry out this Act may procure the temporary or intermittent services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code. Persons so employed shall receive compensation at a rate not in excess of the maximum amount payable under such section. While away from his home or regular place of business and engaged in the performance of services in conjunction with the provisions of this Act, any such person may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently. (b) Any official designated by the President to carry out this Act may use, on a reimbursable basis when appropriate (as determined by the President), the available services, equipment, personnel, and facilities of any agency or instrumentality of the United States Government. CONSULTATIONS AND REVIEWS

Independent public advisory committees, creation.

22 USC 3107. Annual report to Congress.

SEC. 8. (a) Officials performing functions pursuant to this Act shall secure balanced, diverse, and responsible views from qualified persons representing business, organized labor, and the academic community and may, where appropriate, create such independent public advisory committees as are necessary to carry out the purposes of this Act. (b) It shall be the responsibility of the Council on International Economic Policy to review the results of any studies and surveys conducted pursuant to this Act and report annually to the Committee on International Relations of the House of Representatives and the approjjriate committees of the Senate on any trends or developments which may have national policy implications and which in the Council's opinion warrant the review of the respective committees. AUTHORIZATION

22 USC 3108.

OF APPROPRIATIONS

SEC. 9. To carry out this Act, there is authorized to be appropriated $1,000,000 for the fiscal year ending September 30, 1978, and $1,000,000 for the fiscal year ending September 30, 1979. Approved October 11, 1976. LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1490 (Comm. on International Relations). SENATE REPORT No. 94-834 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 18, considered and passed Senate. Sept. 21, considered and passed House, amended. Sept. 28, Senate concurred in House amendments.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/597

 PUBLIC LAW 94-473—OCT. 11, 1976

90 STAT. 2065

Public Law 94-473 94th Congress Joint Resolution Making continuing appropriations for the fiscal year 1977, and for other purposes.

Oct. 11, 19/o

[H.J. Res. 1105]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are Continuing appropriated out of any money in the Treasury not otherwise appro- appropriations, priated, and out of applicable corporate or other revenues, receipts, l^^'and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1977, namely: SEC. 101. Such amounts as may be necessary for continuing the following activities, not otherwise provided for, which were conducted in the fiscal year 1976 or the period ending September 30, 1976, but at a rate for operations not in excess of the current rate: activities under the Public Health Service Act; activities under the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970; activities under the District of Columbia Medical and Dental Manpower Act of 1970; activities under section 602 of Public Law 94-63; activities under the Higher Education Act; activities under the Vocational Education Act; activities under the National Defense Education Act; activities under the General Education Provisions Act; activities of the President's Commission on Olympic Sports; activities under title VI of the Comprehensive Employment and Training Act; and activities of the Commission on Federal Paperwork. SEC. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from October 1, 1976, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) March 31, 1977, whichever first occurs. SEC. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in 31 U.S.C. 665(d)(2), but nothing herein shall be construed to waive any other provision of law governing the apportionment of funds. SEC. 104, Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/598

 90 STAT. 2066

PUBLIC LAW 94-473—OCT. 11, 1976 SEC. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 106. No appropriation or fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during either the fiscal year 1976 or the transition period ending September 30, 1976. SEC. 107. Any appropriation for the fiscal year 1977 required to be apportioned pursuant to 31 U.S.C. 665, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of 31 U.S.C. 665. SEC. 108. All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution. SEC. 109. For an additional amount for the Soil Conservation Service for watershed and Flood Prevention Operations for emergency measures for runoff retardation and soil erosion prevention, as provided by section 216 of the Flood Control Act of 1950 (33 U.S.C. 701b-l) in addition to funds provided elsewhere, $12,000,000, to remain available until expended. SEC. 110. Provisions in Public Law 94-355 and Public Law 94-373 which make the availability of appropriations therein for the Energy. Research and Development Administration dependent upon the enactment of additional authorizing legislation shall not be effective until the date set forth in section 102(c) of this joint resolution or the enactment of such authorizing legislation, whichever first occurs. SEC. 111. To enable the Secretary of the Treasury to subscribe and pay for capital stock of the Federal Crop Insurance Corporation, as provided in section 504 of the Federal Crop Insurance Act (7 U.S.C. 1504), $30,000,000. SEC. 112. For payment of claims settled and determined by departments and agencies in accord with law and judgments rendered against the United States by the United States Court of Claims and United States district courts, as set forth in Senate Document Numbered 94-260, Ninety-fourth Congress, $5,147,921, together with such amounts as may be necessary to pay interest (as and when specified in such judgments or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in

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Page:United States Statutes at Large Volume 90 Part 2.djvu/599

 PUBLIC LAW 94-473—OCT. 11, 1976 foreign currency: Provided, That no judgment herein appropriated for ^ a l l be paid until it shall become nnal and conclusive against the United States by failure of the parties to appeal or otherwise: Provided further, That unless otherwise specifically required by law or by judgment, payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of appioval of the Act. Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1678 (Comm. on Appropriations). SENATE REPORT No. 94-1378 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 27, considered and passed House. Sept. 30, considered and passed Senate, amended; House disagreed to Senate amendment and agreed to certain others; Senate receded from amendment in disagreement.

90 STAT. 2067

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 90 STAT. 2068

PUBLIC LAW 94-474—OCT. 11, 1976

Public Law 94-474 94th Congress An Act Oct. 11, 1976 [S. 2991] Hazardous Materials Transportation Act Amendments of 1976. 49 USC 1801 note. Appropriation authorization.

To amend the Hazardous Materials Transportation Act to authorize appropriations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Hazardous Materials Transportation Act Amendments of 1976". SEC. 2. Section 106(c) of the Hazardous Materials Transportation Act (49 U.S.C. 1805(c)) is amended by striking out "extremely" each time it appears. SEC. 3. Section 115 of the Hazardous Materials Transportation Act (49 U.S.C. 1812) is amended by striking out "and not to exceed $1,750,000" and inserting in lieu thereof "not to exceed $1,750,000" and by striking out the period at the end of such section and inserting in lieu thereof a comma and the following: "and not to exceed $5,000,000 per fiscal year for the fiscal years ending September 30, 1977, and September 30, 1978.". Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1138, Pt. I (Comm. on Public Works and Transportation) and No. 94-1138, Pt. II (Comm. on Interstate and Foreign Commerce), both accompanying H.R. 13124. SENATE REPORT No. 94-853 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 19, considered and passed Senate. Sept. 20, considered and passed House, amended, in lieu of H.R. 13124. Sept. 28, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/601

 PUBLIC LAW 94-475—OCT. 11, 1976

Public Law 94-475 94th Congress

90 STAT. 2069

An Act

To authorize appropriations for environmental researcli, development, and demonstration.

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 "Environmental Research, Development, and Demonstration Authorization Act of 1976". SEC. 2. (a) There is authorized to be appropriated to the Environmental Protection Agency for the following categories, as follows: (1) Research, development, and demonstration under the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.), not to exceed $2,110,000 for the fiscal year ending June 30, 1976, and not to exceed $527,500 for the fiscal transitional period ending September 30, 1976. (2) Research, development and demonstration under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), not to exceed $14,047,000 for the fiscal year ending June 30, 1976, and not to exceed $3,511,975 for the fiscal transitional period ending September 30, 1976. (3) Research, development, and demonstration under section 301 of the Public Health Service Act (42 U.S.C. 241), not to exceed $2,115,000 for the fiscal year ending June 30, 1976, and not to exceed $528,750 for the fiscal transitional period ending September 30, 1976. (4) Research, development, and demonstration under the Clean Air Act (42 U.S.C. 1857 et seq.), not to exceed $148,194,700 for the fiscal year ending June 30, 1976, and not to exceed $37,048,675 for the fiscal transitional period ending September 30, 1976. (5) Research, development, and demonstration under the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.), not to exceed $13,534,300 for the fiscal year endinj^ June 30, 1976, and not to exceed $3,383,575 for the fiscal transitional period ending September 30, 1976. (6) Research, development, and demonstration under the Federal Water Pollution Control Act Amendments of 1972, not to exceed $148,800,000 for the fiscal year ending June 30, 1976, of which— (A) $89,900,000 shall be for programs authorized by section 104(u)(1) thereof (33 U.S.C. 1254(u)(1)), (B) $5,600,000 shall be for programs authorized by section 104(u)(4) thereof (33 U.S.C. 1254(u)(4)), (C) $2,000,000 shall be for programs authorized by section 104(u)(5) thereof (33 U.S.C. 1254(u)(5)), (D) $20,000,000 shall be for programs authorized by section 104(u)(6) thereof (33 U.S.C. 1254(u)(6)), (E) $24,700,000 shall be for programs authorized by section 105(h) thereof (33 U.S.C. 1255(h)),

Oct. 11. 1976 [H.R. 7108] Environmental Research, Development, and Demonstration Authorization Act of 1976.

33 USC 1251 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/602

 90 STAT. 2070

Report to Congress.

Notice.

PUBLIC LAW 94-475—OCT. 11, 1976 (F) $4,600,000 shall be for programs authorized by section 107 thereof (33 U.S.C. 1257), and (G) $2,000,000 shall be for programs authorized by section 113 thereof (33 U.S.C. 1263) and not to exceed $37,200,000 for the fiscal transitional period ending September 30, 1976. (b) No funds may be transferred from any particular category listed in subsection (a) of this section to any other category or categories listed in such subsection if the total of the funds so transferred from that particular category would exceed 10 percent thereof, and no funds may be transferred to any particular category listed in subsection (a) of this section from any other category or categories listed in such subsection if the total of the funds so transferred from that particular category would exceed 10 percent thereof, unless— (1) a period of 30 legislative days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate a written report containing a full and complete statement concerning the nature of the transfer and the reason therefor, or (2) each committee of the House of Representatives and the Senate having jurisdiction over the subject matter involved, before the expiration of such period, has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action. (c) In addition to any transfers among the categories listed in subsection (a) of this section which are authorized by subsection (b) of this section, not to exceed 10 percent of the total amount appropriated pursuant to such subsection (a) may be transferred to other authorized activities of the Environmental Protection Agency (except construction grants for waste treatment works and scientific activities overseas), and not to exceed 10 percent of the total amount appropriated for such other authorized activities may be transferred to any category or categories listed in such subsection (a). SEC. 3. Appropriations made pursuant to the authority provided in section 2 of this Act shall remain available for obligation tor expenditure, or for obligation and expenditure, for such period or periods as may be specified in the Acts making such appropriations. SEC. 4. No appropriation may be made to the Environmental Protection Agency for environmental research, development, or demonstration, for any period beginning after September 30, 1976, unless previously authorized by legislation hereafter enacted by the Congress.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/603

 PUBLIC LAW 94-475—OCT. 11, 1976 SEC. 5. The Administrator of the Environmental Protection Agency shall transmit to the Congress, within 6 months after the date of enactment of this Act, a comprehensive 5-year plan for environmental research, development, and demonstration. This plan shall be appropriately revised annually, and such revisions shall be transmitted to the Congress no later than two weeks after the President submits his annual budget to the Congress in such year. Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-270 (Coram, on Science and Technology) and No. 94-1645 (Comm. of Conference). SENATE REPORTS: No. 94-479 (Comm. on Public Works), No. 94-617 (Comm. on Commerce) and No. 94-744 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD: Vol. 121 (1975): July 10, considered and passed House. Vol. 122 (1976): Apr. 13, considered and passed Senate, amended. Sept. 30, Senate and House agreed to conference report.

90 STAT. 2071 Comprehensive 5-year plan, transmittal t^«"s™>*^" to Congress. 42°us*c*4361. 42 USC

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Page:United States Statutes at Large Volume 90 Part 2.djvu/604

 90 STAT. 2072

PUBLIC LAW 94-476—OCT. 11, 1976

Public Law 94-476 94th Congress An Act Oct. 11. 1976 [S. 1971] Terry Schrunk Plaza, Oreg. Designation.

To designate the plaza area of the Federal Building, Portland, Oregon, the "Terry Schrunk Plaza".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the plaza fronting the Federal Building, 1220 Southwest Third Street, and bounded on the north by Madison Street, on the south by Jefferson Street, on the east by Third Avenue and on the west by Fourth Avenue, Portland, Oregon, is hereby designated as the "Terry Schrunk Plaza". SEC. 2, Any reference in a law, map, regulation, document, record, or other paper of the United States to such plaza shall be held to be reference to the "Terry Schrunk Plaza". Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1590 accompanying H.R. 13727 (Comm. on Public Works and Transportation). SENATE REPORT No. 94-923 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): June 10, considered and passed Senate. Sept. 29, considered and passed House, in lieu of H.R. 13727.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/605

 PUBLIC LAW 94-477—OCT. 11, 1976

90 STAT. 2073

Public Law 94-477 94th Congress An Act To amend the Natural Gas Pipeline Safety Act of 1968 to authorize additional appropriations, and for other purposes.

Oct. 11, 1976 [H.R. 12168]"

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Natural Gas be cited as the "Natural Gas Pipeline Safety Act Amendments of Pipeline Safety Act Amendments 1976". SEC. 2. Section 15 of the Natural Gas Pipeline Safety Act of 19(58 of 1976. 49 USC 1671 is amended— (1) in subsection (a) thereof, by striking out ''and" after note. "June 30, 1975," and by inserting "$500,000 for the period begin- 49 USC 1684. ning July 1, 1976, and ending September 30, 1976, $4,664,000 for the fiscal year ending September 30, 1977, and $5,000,000 for the fiscal year ending September 30, 1978," after "June 30, 1976,"; and (2) in subsection (b) thereof, by striking out "5(c)" and inserting in lieu thereof "5 (c) and (f)", and by striking out "and" after "June 30, 1975," and by inserting ", $2,500,000 for the fiscal year ending September 30, 1977, and $4,500,000 for the fiscal year ending September 30, 1978" after "June 30, 1976". SEC. 3. Section 2 of the Natural Gas Pipeline Safety Act of 1968 49 USC 1671. is amended— (1) by striking out "; and" at the end of paragraph (8) and inserting in lieu thereof ", except that it shall not include any pipeline facilities within a State which transport gas from an interstate gas pipeline to a direct sales customer within such State purchasing gas for its own consumption;"; and (2) by redesignating paragraph (9) as paragraph (10), and inserting after paragraph (8) the following new paragraph: "(9) 'Intrastate pipeline transportation' means pipeline facili- "Intrastate ties and transportation of gas within a State which are not subject pipeline to the jurisdiction of the Federal Power Commission under the transportation.' Natural Gas Act, except that it shall include pipeline facilities 15 USC 717w. within a State which transport gas from an interstate gas pipeline to a direct sales customer within such State purchasing gas tor its own consumption; and". SEC. 4. Section 3(b) of the Natural Gas Pipeline Safety Act of 1968 49 USC 1672. is amended— (1) by inserting "emergency plans and procedures," after "inspection," in the second sentence thereof; and (2) by amending the last sentence thereof to read as follows: "Any State agency may adopt additional or more stringent standards for intrastate pipeline transportation if such standards are compatible with the Federal minimum standards. No State agency may adopt or continue in force any such standards applicable to interstate transmission facilities, after the Federal minimum standards become effective.". SEC. 5. (a) Section 5(a) of the Natural Gas Pipeline Safety Act 49 USC 1674. of 1968 is amended—

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Page:United States Statutes at Large Volume 90 Part 2.djvu/606

 90 STAT. 2074

49 USC 1674.

PUBLIC LAW 94-477—OCT. 11, 1976 (1) in the first sentence thereof, by striking out "pipeline facilities and the transportation of gas (not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act) within a State" and inserting in lieu thereof "intrastate pipeline transportation"; (2) in clause (1) thereof, by striking out "pipeline facilities and transportation of gas" and inserting in lieu thereof "transportation"; (3) by striking out "(2) has adopted each Federal safety standard applicable to such pipeline facilities and transportation of gas established under this Act as of the date of the certification;" and inserting in lieu thereof "(2) has adopted, as of the date of the certification, each Federal safety standard established under this Act which is applicable to such transportation or, with respect to each such Federal safety standard established within one hundred and twenty days before the date of the certification, is taking steps pursuant to State law to adopt such standard;"; and (4) by striking out "and (4)" and inserting in lieu thereof " (4) is encouraging and promoting programs designed to prevent damage to pipeline facilities as a consequence of excavation activity; and (5)". (b) Section 5(b) of such Act is amended by striking out "With respect to" and all that follows down through "actions to—" and by inserting in lieu thereof the following: "With respect to any intrastate pipeline transportation for which the Secretary does not receive an annual certification under subsection (a) of this section, the Secretary may, by agreement with a State agency (including a municipality) authorize such agency to assume responsibility for, and carry out on behalf of the Secretary as it relates to intrastate pipeline transportation the necessary actions to—". (c) The first sentence of section 5(d) of such Act is amended to read as follows: "A certification which is in effect under subsection (a) of this section shall not apply with respect to any new or amended Federal safety standard established for intrastate pipeline transportation pursuant to this Act after the date of such certification.". (d) Section 5 of such Act is amended by adding at the end thereof the following new subsection (f): "(f)(1) During the fiscal year ending September 30, 1978, the Secretary shall, in accordance with regulations issued by the Secretary taking into account the needs of the respective States, pay to each State agency out of funds appropriated or otherwise made available one hundred percent of the cost (not to exceed $60,000 for each State agency) of not more than three full-time natural gas pipeline safety inspectors in addition to, and not in lieu of, the number of natural gas pipeline safety inspectors maintained by such State agency in calendar year 1977. "(2) Not later than September 30, 1977, any State may apply to receive funds under paragraph (1) for the calendar year 1978. "(3) Each State agency which receives funds under paragraph (1) shall continue to maintain during calendar years 1979 and 1980 not less than the number of full-time natural gas pipeline safety inspectors which were maintained by such State agency in calendar year 1978. "(4) Any State in which the State agency fails to meet its obligations under paragraph (3) shall reimburse the Secretary for a sum equal to 50 percent of the funds received by such State under this subsection in proportion to which such State agency has failed to meet its obligations.".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/607

 PUBLIC LAW 94-477—OCT. 11, 1976

90 STAT. 2075

SEC. 6. The first sentence of section 11 of the Natural Gas Pipeline Safety Act of 1968 is amended to read as follows: "Each person who 49 USC 1680. engages in the transportation of gas or who owns or operates intrastate pipeline transportation facilities shall file with the Secretary or, if a certification or an agreement pursuant to section 5 of this Act is in effect, with the appropriate State agency, a plan for inspection and maintenance of each facility used in such transportation and owned or operated by such person, and any changes in such plan, in accordance with regulations prescribed by the Secretary or appropriate State agency.". SEC. 7. Section 14(a)(1) of the Natural Gas Pipeline Safety Act of 1968 is amended by striking out "accidents" and inserting in lieu 49 USC 1683. thereof "leak repairs, accidents,". SEC. 8. The Natural Gas Pipeline Safety Act of 1968 is amended by adding at the end thereof the following: "CONSUMER EDUCATION

"SEC. 16. Each person who engages in the transportation of gas 49 USC 1685. shall, in accordance with the regulations prescribed by the Secretary, conduct a program to educate the public on the possible hazards associated with gas leaks and on the importance of reporting gas odors and leaks to appropriate authorities. The Secretary may develop materials suitable for use in such education programs. 'CITIZEN 8 CIVIL ACTION

"SEC. 17. (a) Except as provided in subsection (b), any person may commence a civil action for mandatory or prohibitive injunctive relief, including interim equitable relief, against any other person (including any State, municipality, or other governmental entity to the extent permitted by the eleventh amendment to the Constitution, and the United States) who is alleged to be in violation of this Act or of any order or regulation issued under this Act. The district courts of the United States shall have jurisdiction over actions brought under this section, without regard to the amount in controversy or the citizenship of the parties. "(b) No civil action may be commenced under subsection (a) with respect to any alleged violation of this Act or any order or regulation issued under this Act— "(1) prior to the expiration of 60 days after the plaintiff has given notice of such alleged violation to the Secretary (or to the applicable State agency in the case of a State which has been certified under section 5(a) and in which the violation is alleged to have occurred), and to any person who is alleged to have committed such violation; or "(2) if the Secretary (or such State agency) has commenced and is diligently pursuing administrative proceedings or the Attorney General of the United States (or the chief law enforcement officer of such State) has commenced and is diligently pursuing judicial proceedings with respect to such alleged violation. Notice under this subsection shall be given in such manner as the Secretary shall prescribe by regulation. "(c) In any action under subsection (a), the Secretary (with the concurrence of the Attorney General) or the Attorney General may intervene as a matter of right.

49 USC 1686.

Jurisdiction.

Notice,

Regulations,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/608

 90 STAT. 2076

PUBLIC LAW 94-477—OCT. 11, 1976 "(d) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or at common law to seek enforcement of this Act or any order or regulation under this Act or to seek any other relief. "(e) In any action under this section the court may, in the interest of justice, award the costs of suit, including reasonable attorney's fees and reasonable expert witnesses fees, to a prevailing plaintiff. Such court may, in the interest of justice, award such costs to a prevailing defendant whenever such action is unreasonable, frivolous, or meritless. For purposes of this subsection a reasonable attorney's fee is a fee (1) which is based upon (A) the actual time expended by an attorney in providing advice and other legal services in connection with representing a person in an action brought under this section, and (B) such reasonable expenses as may be incurred by the attorney in the provision of such services, and (2) which is computed at the rate prevailing for the provision of similar services with respect to actions brought in the court which is awarding such fee. "(f) For purposes of this section, a violation of any safety standard or practice of any State shall be deemed to be a violation of this Act or of any order or regulation under this Act only to the extent that such standard or practice is not more stringent than the comparable Federal minimum safety standard." Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1050 (Comm. on Interstate and Foreign Commerce) and No. 94-1660 (Comm. of Conference). SENATE REPORT No. 94-852 accompanying S. 2042 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 3, considered and passed House. July 30, considered and passed Senate, amended, in lieu of S. 2042. Sept. 27, House receded and concurred with amendment to Senate amendment. Sept. 28, Senate concurred in House amendment.

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 of our system is, therefore, that the constitutional authority whose prerogative it is to direct policy and oversee administration has fewer facilities for getting its work well done than has the humblest citizen for obtaining satisfactory aid in his own undertakings. The authority most interested in appointments and dismissals in the civil service has little to do with the one and less to do with the other. The President appoints with the sanction of the Senate, and cannot dismiss his advisers without legislative consent; yet the ministers in reality serve, not the President, but Congress, and Congress can neither appoint nor dismiss. In other words, the President must in both acts take the initiative, though he is not the real master; and Congress, which is the real master, has in these vital matters only a consultative voice, which it may utter, through its upper chamber, only when its opinion is asked. I should regard my business as a hopeless undertaking if my chief agent had to be appointed by a third party, and, besides being himself put beyond my power of control, were charged with the choice and discipline of all his subordinates, subject not to my directions, but simply to my acquiescence!

The relations existing between Congress and the departments must be fatally demoralizing to

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 PUBLIC LAW 94-478—OCT. 11, 1976

Public Law 94-478 94th Congress

90 STAT. 2077

An Act

To authorize the Secretary of the Department in which the Coast Guard is operating to lease housing facilities for Coast Guard personnel in a foreign country on a multi-year basis.

Oct. 11, 1976 [S. 3050]

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That section 475(a) Coast Guard, of title 14, United States Code, is amended by inserting, immediately Housing after the first sentence, a new sentence to read as follows: "When any facilities, such lease involves housing facilities in a foreign country, the lease may be made on a multi-year basis, for a period not to exceed five years.". Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1575 (Comm. on Merchant Marine and Fisheries). SENATE REPORT No. 94-967 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): June 25, considered and passed Senate. Sept. 20, considered and passed House, amended. Sept. 28, Senate concurred in House amendments.

89-194 O—78—pt. 2

39

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Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) for purposes of subsection (b) of this section only, the grade of General of the Armies of the United States is established, such grade to have rank and precedence over all other grades of the Army, past or present.

(b) The President is authorized and requested to appoint George Washington posthumously to the grade of General of the Armies of the United States, such appointment to take effect on July 4, 1976.

Approved October 11, 1976.

HOUSE REPORT No. 94-1388 (Comm. on Armed Services).

CONGRESSIONAL RECORD, Vol. 122 (1976):

 * Aug. 24, considered and passed House.
 * Sept. 28, considered and passed Senate.


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 PUBLIC LAW 94-480—OCT. 11, 1976

90 STAT. 2079

Public Law 94-480 94th Congress Joint Resolution Authorizing the President to proclaim the week beginning October 3, 1976, and ending October 9, 1976, as "National Volunteer Firemen Week".

Whereas volunteer firemen have played an essential role in this country all throughout its history; Whereas one million of the country's one million two hundred thousand firefighters are volunteer firemen; Whereas, because of their skills in applying life-supporting techniques and their awareness of fire safety precautions, volunteer firemen play an important role at their regular places of employment, especially in industrial plants, large office buildings, hospitals, and other places where there are heavy concentrations of people; and Whereas volunteer firemen provide a lifesaving service to the communities in which they live: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to issue a proclamation designating the week beginning October 3, 1976, and ending October 9, 1976, as "National Volunteer Firemen Week", and calling upon the people of the United States to observe such week with appropriate ceremonies and activities. Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1528 (Comm. on Post Office and Civil Service). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 21, considered and passed House. Oct. 1, considered and passed Senate.

Oct. 11, 1976 [H.J. Res. 1008]

National Volunteer Firemen Week. Designation.

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 90 STAT. 2080

PUBLIC LAW 94-481—OCT. 11, 1976

Public Law 94-481 94th Congress An Act Oct. 11, 1976 [H.R. 12118] Independent Safety Board Act of 1974, appropriation authorization.

To amend the Independent Safety Board Act of 1974 to authorize additional appropriations and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 309 of the Independent Safety Board Act of 1974 (49 U.S.C. 1907) is amended by adding at the end thereof the following new sentence: "There are authorized to be appropriated for the purpose of this Act not to exceed $3,800,000 for the transition quarter ending September 30, 1976, $15,200,000 for the fiscal year ending September 30, 1977, and $16,400,000 for the fiscal year ending September 30, 1978, such sums to remain available until expended.". Approved October 11, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1076 (Comm. on Public Works and Transportation). SENATE REPORT No. 94-898 accompanying S. 2661 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 122 (1976): May 17, considered and passed House. Sept. 30, considered and passed Senate.

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 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2081

Public Law 94-482 94th Congress An Act To extend the Higher Education Act of 1965, to extend and revise the Yocational Education Act of 1963, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That t h i s Act may b e c i t e d a s the " Education Amendments of 1976 ". TABLE OF CONTENTS TITLE I—HIGHER EDUCATION PART A—COMMUNITY SERVICES AND CONTINUING EDUCATION

Sec. 101. Extension and revision of program. PART B—COLLEGE LIBRARY ASSISTANCE AND LIBRARY TRAINING AND RESEARCH

Sec. 106. Extension of authorization. Sec. 107. Revision of research library resources. PART C—STRENGTHENING DEVELOPING INSTITUTIONS

Sec. 111. Extension of authorization. PART D—STUDENT ASSISTANCE

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133.

Basic educational opportunity grants. Supplemental educational opportunity grants. State student incentive grants. Special programs for students from disadvantaged backgrounds. Education information program. Veterans' cost-of-instruction payments. Federal and State insured loan programs. Work study program. Cooperative education. Direct loan program. Student consumer information. Eligibility for student assistance. Fiscal responsibility. PART E—EDUCATION PROFESSIONS DEVELOPMENT

Sec. 151. Revision of title V. Sec. 152. Teacher corps. Sec. 153. Teacher training programs. PART F — F I N A N C I A L ASSISTANCE FOR THE IMPROVEMENT OF UNDERGRADUATE INSTRUCTION

Sec. 156. Extension of authorization. Sec. 157. Revision of maintenance of effort. PART G—CONSTRUCTION OF ACADEMIC FACILITIES

Sec. 161. Extension of program. Sec. 162. Revision of program. PART H—GRADUATE PROGRAMS

Sec. 171. Extension and revision of graduate fellowships and assistance. Sec. 172. Law school clinical assistance program.

Oct. 12, 1976 [S. 2657]

Education Amendments of 1976. 20 USC 1001 note.

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 90 STAT. 2082

PUBLIC LAW 94-482—OCT. 12, 1976 PART I—COMMUNITY COLLEGES AND STATE POSTSECONDARY PLANNING

Sec. Sec. Sec. Sec.

176. 177. 178. 179.

Extension and revision of title X. Expansion grants. Revision of definition of community college. Authorization for statewide planning. PART J.—GENERAL PROVISIONS

Sec. 181. Definitions. Sec. 182. Antidiscrimination amendment. Sec. 183. Funding requirement. TITLE II—VOCATIONAL EDUCATION rns

Sec. Sec. Sec. Sec.

201. 202. 203. 204.

Extension of certain vocational education programs. Revision of the Vocational Education Act of 1963. Related amendments. Effective dates and repealers. TITLE III—EXTENSIONS AND REVISIONS OF OTHER EDUCATION PROGRAMS PART A—EXTENSION AND REVISION OF RELATED PROGRAMS

Sec. 301. Extension of title III of the National Defense Education Act of 1958. Sec. 302. Extension and revision of title VI of the National Defense Education Act of 1958. Sec. 303. Extension of the International Education Act of 1966. PART B — OTHER EDUCATION PROGRAMS

Sec. Sec. Sec. Sec. Sec. See. Sec.

321. 322. 323. 324. 325. 326. 327.

Extension and revision of the Emergency School Aid Act. Extension of the Allen J. EUender fellowship program. Maintenance of effort. Participation of nonpublic school children. Women's educational equity. State equalization plans. Indochina Refugee Children Assistance Act of 1976 and similar programs. Sec. 328. Hold harmless relating to title IV of Elementary and Secondary Education Act of 1965. Sec. 329. Amendment to Adult Education Act. Sec. 330. Amendments relating to Public Law 874, Eighty-first Congress. PART C—CAREER EDUCATION AND CAREER DEVELOPMENT

Sec. Sec. Sec. Sec. Sec. Sec.

331. 332. 333. 334. 335. 336.

Purpose. Authorization of appropriations; allotment. Program administration. Use of funds. Career information. National Advisory Council. PART D—GUIDANCE AND COUNSELING

Sec. Sec. Sec. Sec.

341. 342. 343. 344.

Findings. Appropriations authorized. Administration. Program authorized. TITLE IV—GENERAL EDUCATION PROVISIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

401. 402. 403. 404. 405. 406. 407. 408. 409. 410. 411. 412.

Survey of availability of qualified teachers. Extension of Fund for Improvement of Postsecondary Education. National Institute of Education. Technical revision relating to prohibition against Federal control. Regulations. Control of paperwork. Administrative hearings. Student admission practices. Extension of reporting dates for certain programs. Treatment of Indian postsecondary schools. Presidential advisory councils. Amendment relating to sex discrimination.

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 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2083

TITLE V—TECHNICAL AND MISCELLANEOUS PROVISIONS PABT A—TECHNICAL AMENDMENTS Sec. 501. Technical amendments. PART B—MISCELLANEOUS AMENDMENTS Sec. 521. Reports on high school equivalency program and college assistance migrant program. Sec. 522. Report on reorganization of Education Division. Sec. 523. Studies of vocational education. Sec. 524. Departmental day care center. Sec. 525. Wayne Morse Chair of Law and Politics. PART C—TRANSITION PERIOD; EKFECTIVE DATES Sec. 531. Transition period. Sec. 532. Effective dates.

TITLE I — H I G H E R EDUCATION P A R T A — COMMUNITY SERVICES AND CONTINUING

EDUCATION

EXTENSION AND REVISION OF PROGRAM

SEC. 101. (a) Section 101 of the H i g h e r Education Act of 1965 20 USCIOOI. (hereafter in this title referred to as "the Act") is amended to read as follows: "APPROPRIATIONS AUTHORIZED

" SEC. 101. (a) For the purpose of (1) assisting the people of the United States in the solution of community problems such as housing, poverty, government, recreation, employment, youth opportunities, transportation, health, and land use by enabling the Commissioner to make grants under this title to strengthen community service programs of colleges and universities, (2) supporting the expansion of continuing education in colleges and universities and (3) supporting resource materials sharing programs, there are authorized to be appropriated $4,0!),0 for the fiscal years 1977, 1978, and 1979. " (b) For the purpose of carrying out a program for the promotion of lifelong learning in accordance with the provisions of part B, there are authorized to be appropriated, $20,000,000 for fiscal year 1977, $30,000,000 for- fiscal year 1978, and $40,000,000 for fiscal year 1979.". (b) Title I of such Act is amended— (1)(A) by amending the heading of section 102 to re; d as 20 USC 1002. follows: "DEFINITION OF COMMUNITY SERVICE PROGRAM AND CONTINUING EDUCATION P R O G R A M ";

(B) by inserting " (a) " after the section designation of su^h section 102; and (C) by inserting at the end thereof the following new subsections: " (b) For purposes of this title the term ' c o n t i n u i n g education program ' means postsecondary instruction designed to meet the educational needs and interests of adults, including tl^e expansion of available learning opportunities for adults who are not adequately served by current educational offerings in their communities.

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 90 STAT. 2084

20 USC 1003.

20 USC 1004.

State plan. 20 USC 1005.

PUBLIC LAW 94-482—OCT. 12, 1976 " (c) For purposes of this title, the term 'resource materials sharing program s ' means planning for the improved use of existing community learning resources by finding ways that combinations of agencies, institutions, and organizations can make better use of existing educational materials, communications technology, local facilities, and such human resources as will expand learning opportunities for adults in the area being served."; (2) by amending section 103(a) to read as follows: " SEC. 103. (a) From the sums appropriated pursuant to section 101 (a) for any fiscal year which arc not reserved under section 106(a), the Commissioner shall allot to each State an amount wjiich bears the same ratio to such sums as the population of such State bears to the population of all the States, except that, for any fiscal year beginning on or after October 1, 1976, no State shall be allotted from such sums less than the amount which such State received during the fiscal year beginning July 1, 1975. (3) by striking out "community service program s " in section 104 and inserting in lieu thereof "community service and continuing education programs, including resource material sharing programs,"; (4) by striking out so much of section 105(a) as precedes paragraph (1) and inserting in lieu thereof the following: " SEC. 105. (a) Any State desiring to receive its allotment of funds under this part for use in community service and continuing education programs, including resource material sharing programs, shall designate or create a State agency or institution which has special qualifications with respect to solving comnmnity problems and which is broadly representative of institutions of higher education in the State which are competent to offer community service and continuing education programs, including resource material sharing programs, and shall submit to the Commissioner a State plan. I f a State desires to designate for the purpose of this section an existing State agency or institution which does not meet these requirements, it may do so if the agency or institution takes such action as may be necessary to acquire such qualifications and assure participation of such institutions, or if it designates or creates a State advisory council which meets the requirements not met by the designated agency or institution to consult with the designated agency or institution in the preparation of the State plan. A State plan submitted under this part shall—". (5)(A) by inserting "or combination" after "and institution" in section 105(a)(2); and (B) by striking out "community service program s " each place it appears in such section and inserting in lieu thereof "community service and continuing education programs, including resource materials sharing program s, "; (6)(A) by inserting "and combinations thereof" immediately after "institution of higher education" each place it appears in section 1 0 5 (a)(3); (B) by striking out "community service program s " each place it appears in such section and inserting in lieu thereof "community service and continuing education programs, including resource materials sharing program s, "; and (C) by striking out "in the litjht of information regarding current and anticipated community problems in the State " in subparagraph (C) of such section; (7) by striking ovit "community service program s " in section

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 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2085

105(a)(4) and inserting in lieu thereof "community service and 20 USC 1005. ^ continuing education programs, including resource materials sharing programs,"; (8) by inserting "or combinations thereof" after "institutions of higher education" in section 105(a)(5); (9) by striking section 105(a)(6) and inserting in lieu thereof the following: "(6) assurances that all institutions of higher education in the ,•. State have been given the opportunity to participate in the development of the State plan."; and (10) by inserting immediately after section 105(b) the following new subsection: "(c) The Commissioner shall not by standard, rule, regulation, guideline, or any other means, either formal or informal, require a State to make any agreement or submit any data which is not specifically required by this part.". (c) Section 107(a) of the Act is amended by striking out "$25,000" 20 USC 1006. and inserting in lieu thereof "$40,000". (d) Section 109 of the Act is amended to read as follows: 20 USC 1008. u JUDICIAL

REVIEW

"SEC. 109. If a State's plan is not approved under section 105(b) or a State's eligibility to participate in the program is suspended as a result of the Commissioner's action under section 108(b), the 20 USC 1007. State may within sixty days after notice of the Commissioner's decision institute a civil action in an appropriate United States district court. In such an action, the court shall determine the matter de novo.". (e) Title I of the Act is further amended by redesignating sections 111, 112, and 113, and any references thereto, as sections 112,113, and 20 USC 1009114, respectively, and inserting immediately after section 110 the fol- lOHlowing: new section: TECHNICAL «.

ASSISTANCE AND

ADMINISTRATION

"SEC. 111. (a) The Commissioner is authorized to reserve not to 20 USC 1008b. exceed 10 per centum of the amount appropriated for any fiscal year pursuant to section 101(a) in excess of $14,500,000 for the purpose of 20 USC 1001. this section. "(b) From funds reserved under subsection (a) of this section, the Commissioner shall provide technical assistance to the States and to institutions of higher education. Such technical assistance shall— "(1) provide a national diffusion network to help assure that effective programs are known among such States and institutions; ' "(2) assist with the improvement of planning and evaluation procedures; and "(3) provide information about the changing enrollment patterns in postsecondary institutions, and provide assistance to such States and institutions in their efforts to understand these changing patterns and to accommodate them.". "(c) The Commissioner shall provide for coordination between community service and continuing education programs (including resource materials sharing programs) conducted by him with all other appropriate offices and agencies, including such offices and agencies which administer vocational education programs, adult education programs, career education programs, and student and institutional assistance programs.".

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 90 STAT. 2086 Ante, p. 2085.

Ante, p. 2085.

PUBLIC LAW 94-4S2—OCT. 12, 1976 (f)(1) Section 112 of the Act (as redesignated by subsection (e)) is amended— (A) by striking out "the Commissioner, who shall be Chairman," in subsection (a); and (B) by striking out "through June 30, 1975" in subsection (f) and inserting in lieu thereof "until the programs authorized by this part are terminated". (2) The text of section 113 of the Act (as redesignated by subsection (e)) is amended to read as follows: "Nothing in this section shall modify any authority under the Act of May 8, 1914 (Smith-Lever Act), as amended (7 U.S.C. 341-348).". (g) Title I of the Act is further amended— (1) by inserting before the section heading of section 101 the following: "PART A—COMMUNITY SERVICE AND CONTINUING EDUCATION PROGRAMS";

20 USC 1002H 1009.

(2) by striking out "this title" each time it appears in section 102 through section 112 of such title, and inserting in lieu thereof "this part"; and (3) by adding at the end thereof the following new part: "PART B—LIFELONG LEARNING "FINDINGS

20 USC 1015.

"SEC. 131. The Congress finds that— "(1) accelerating social and technological change have had impact on the duration and quality of life; "(2) the American people need lifelong learning to enable them to adjust to social, technological, political and economic changes; "(3) lifelong learning has a role in developing the potential of all persons including improvement of their personal well-being, upgrading their workplace skills, and preparing them to participate in the civic, cultural, and political life of the Nation; "(4) lifelong learning is important in meeting the needs of the growing number of older and retired persons; "(5) learning takes place through formal and informal instruction, through educational programs conducted by public and private educational and other institutions ar^i organizations, through independent study, and through the efforts of business, industry, and labor; "(6) planning is necessary at the national, State, and local levels to assure effective use of existing resources in the light of changing characteristics and learning needs of the population; "(7) more effective use should be made of the resources of the Nation's educational institutions in order to assist the people of the United States in the solution of community problems in areas such as housing, poverty, government, recreation, employment, youth opportunities, transportation, health, and land use; and "(8) American societj^ should have as a goal the availability of appropriate opportunities for lifelong learning for all its citizens without regard to restrictions of previous education or training, sex, age, handicapping condition, social or ethnic background, or economic circumstance.

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